전자파 적합성평가제도에 관한 법적 연구

Abstract

The ‘Eelectromagnetic Wave Conformity Assessment System’(‘ECAS’) refers to a regulation system that checks the suitability of electronic devices in advance in order to prevent device malfunction and health hazards due to interference and interference of electromagnetic waves. In general, EACS consists of ①'Supplier's Declaration of Conformity'('SDoC'), in which suppliers of target devices or services evaluate and declare conformity by themselves, and ② ‘Certification’, in which an independent third party evaluates conformity. According to the current Radio Wave Act, the ECAS of Korea is comprised of three categories: conformity certification, conformity registration, and provisional certification. The conformity registration is divided into ‘designated test', in which the supplier registers through a test by a designated testing agency appointed by the Minister of Science and ICT, and 'self-test', which is registered through the test by the supplier himself or by a third party other than the designated testing agency. This is not a typical EACS but a modified ’government-led’ EACS system. The current system is difficult to adapt promptely to the social changes, places heavy regulatory compliance burdens on suppliers, and imposes administrative sanctions as well as criminal penalties for violations of the system. Unlike Korea, the ECAS of the United States, the European Union, and Japan have the common characteristics of strengthening private functions, simplifying procedures, easing related regulations, and minimizing the level of criminal penalties. Summarizing the drawbacks of current ECAS system and the implications obtained through comparative analysis, The reorganizing scheme of current ECAS is proposed in this paper; ① pilot introduction and operation of SDoC, ② deletion of registration obligations for devices subject to self-test, ③ abolition of the registration system and private autonomy of test institutes.