Fines and Penalty Provisions
Administrative fines (๊ณผํ๋ฃ)โ
Administrative fines (not criminal) for less serious violations of the Medical Devices Act. Common triggers:
- Failure to report an adverse event within the required timeframe
- Failure to maintain required records
- Failure to register in KIMS / UDI-K by the required date
- Failure to notify MFDS of a change (๋ณ๊ฒฝ์ ๊ณ )
Fine amounts vary by violation type and are specified in the Enforcement Decree.
Criminal penalties (๋ฒ์น)โ
More serious violations may result in criminal prosecution under the Medical Devices Act:
| Offence | Maximum penalty |
|---|---|
| Manufacturing / importing without a licence | Imprisonment up to 5 years or fine up to โฉ50 million |
| Selling without ํ๋ชฉํ๊ฐ / ํ๋ชฉ์ ๊ณ | Imprisonment up to 3 years or fine up to โฉ30 million |
| False or fraudulent application | Imprisonment up to 5 years or fine up to โฉ50 million |
| Obstructing a lawful MFDS inspection | Fine |
Corporate liabilityโ
Both the individual employee responsible for the violation and the company may face penalties โ the company can be fined even if only an individual is prosecuted.