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Fines and Penalty Provisions

Administrative fines (๊ณผํƒœ๋ฃŒ)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 (๋ณ€๊ฒฝ์‹ ๊ณ )

Fine amounts vary by violation type and are specified in the Enforcement Decree.

Criminal penalties (๋ฒŒ์น™)โ€‹

More serious violations may result in criminal prosecution under the Medical Devices Act:

OffenceMaximum penalty
Manufacturing / importing without a licenceImprisonment up to 5 years or fine up to โ‚ฉ50 million
Selling without ํ’ˆ๋ชฉํ—ˆ๊ฐ€ / ํ’ˆ๋ชฉ์‹ ๊ณ Imprisonment up to 3 years or fine up to โ‚ฉ30 million
False or fraudulent applicationImprisonment up to 5 years or fine up to โ‚ฉ50 million
Obstructing a lawful MFDS inspectionFine

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.