Research Report
A Study on the Improvement of the Product Safety Management Related Law to ensure Product Safety and minimize Consumer Harm
Ⅰ. Backgrounds and Purposes
○ Since the end of 2019, coinciding with the COVID-19 era, the global online distribution market has grown drastically, resulting in the diversification of distribution systems for products, including cross-border “overseas direct purchases,” along with a steady increase in overseas direct purchase turnover.
○ The current laws of the Electrical Appliances and Consumer Products Safety Control Act, the Framework Act on the Safety of Products, and the
Special Act on the Safety of Children’s Products (hereafter collectively referred to as the Product Safety Management Acts)focus on pre- and
post-safety management of products and children’s products distributed by domestic manufacturers and distributors. Due to the absence of a
safety management system for directly purchased overseas products and children’s products, there are limitations in managing the safety of
directly purchased overseas products for personal use and in minimizing risks to consumers.
○ On the other hand, as Japan’s overseas direct purchases had risen and the number of accidents related to directly purchased overseas products had increased, Japan recently introduced amendments to its Four Product Safety Laws on June 29, 2024. The amendments require overseas sellers to appoint a “domestic representative” and to disclose their names,
proposing a new regulatory framework for the regulation of overseas direct purchase products.
○ Similarly, in response to changes in the market environment, including concerns regarding an increase in safety-related accidents due to rising cases of cross-border online shopping by local consumers, the European Union recently enacted the General Product Safety Regulation (GPSR)
(proclaimed on May 23, 2023, enacted on June 12, 2023, and fully implemented on December 13, 2024, 18 months after the enforcement
date), which will replace the existing General Product Safety Directive (GPSD). This regulation introduces new requirements for mandatory
display of the responsible person’s name and reporting obligations in the events of product-related accidents.
○ In Korea, however, since regulations currently apply only to domestic manufacturers and distributors, there is no clear concept or regulatory
framework for overseas direct purchases. This results in an inadequate regulatory response for ensuring the safety of directly purchased overseas
products and children’s products and for minimizing consumer risks, which highlights the need to update the Product Safety Management Acts
so that they align with changes in technological and market environments.
○ Therefore, it is necessary to review the necessity and validity of a regulatory framework for directly purchased overseas products, including
defining the concepts of directly purchased overseas products and directly purchased overseas children’s products under the Framework Act
on the Safety of Products and the Special Act on the Safety of Children’s Products, expanding the objects of safety investigations, and introducing
a domestic representative designation system.
○ This study aims to analyze the current status and limitations of the Framework Act on the Safety of Products, the Electrical Appliances and
Consumer Products Safety Control Act, and the Special Act on the Safety of Children’s Products, as well as to compare similar domestic and
international legislative examples to propose legislative improvements for managing the safety of directly purchased overseas products and
minimizing consumer risk.
Ⅱ. Major Content
○ Chapter 2 analyzes the status and limitations of laws aimed at ensuring product safety and minimizing consumer risk.
○ Chapter 3 examines similar domestic legislative examples related to ensuring product safety and minimizing consumer risk, and it derives relevant implications.