Regulatory ESSENTIAL



Regulatory ESSENTIALS - modular information package with all the essential information for compliant products in your target market. Conveniently read online at Product-Compliance-Portal ROGER WILLCO.

In vitro diagnostic; IVD devices; IVD devices; CMDE; Electronic registration; NMPA; UDI regulation; UDI Code; IMDRF; Classification Rule; ISO 15223-1 symbol; vigilance

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Scope: This CRF describes the regulatory requirements of In-Vitro Diagnostics medical devices in South Korea, based on the - Act on In-Vitro Diagnostic Medical Devices and its enforcement regulations - Additional information from Korean MFDS webpages In-Vitro Diagnostics products are classified into four risk classes, according to the risk associated with their use: Class I - very low Class II - low Class III - moderate Class IV - high The classification is harmonized with the IMDRF rules. Not in scope of this CRF: - Medial Devices (see: CRF KOR Medical Devices)

Stakeholders: Manufacturer, Importer
Legislation in force: Article 2 - Definitions The term “In-Vitro diagnostic medical device” means any of the following medical devices under Article 2 (1) of the Medical Devices Act, such as reagents, contrast agents, calibrators, equipment, machine, devices, and software, which are used independently or in combination of others for the purpose of conducting In-Vitro tests of specimens originated from humans or animals: (a) Products used for the diagnosis of physiological or pathological conditions; (b) Products used to determine the causes of diseases or to observe the prognoses of diseases; (c) Products used to provide information on birth defects; (d) Products used to provide information required for judgment on safety and suitability in cases of transplantation of tissues or blood donation; (e) Products used for the purpose of predicting the response to and outcome of treatment; (f) Products used for the purpose of determining treatment methods or monitoring treatment effects or side effects; 2. The term "specimen" means tissues, cells, blood, body fluids, urine, feces, etc. collected or extracted from the human body or animals as well as serum, plasma, chromosome, deoxyribonucleic acid (DNA), ribonucleic acid (RNA), protein, etc. separated therefrom; 3. The term "clinical performance study" means an analysis of specimens to verify results related to clinical, physiological, and pathological conditions for the purpose of demonstrating the performance of In-Vitro diagnostic medical devices. Article 11 regulates the Import Business Permission. The Decree defines: - which institutions are allowed to perform Clinical Performance Studies - Third-party Certification of In-Vitro Diagnostic Test in Clinical Laboratories - working standards of the Committee of Experts on In-Vitro Diagnostic Medical Devices Article 2 - Definitions (excerpt): 2. "In-Vitro diagnostic equipment" refers to instruments, machines, devices, software, etc. among In-Vitro diagnostic medical equipment 3. "Identical product group" refers to In-Vitro diagnostic medical devices with the same country of origin, manufacturer, and item name that have the same purpose of use, method of use, manufacturing method, and raw materials (excluding In-Vitro diagnostic devices) that differ in color, size, etc., or have different parts. It refers to a product family consisting of models that are changed or added. 5. "Combined In-Vitro diagnostic medical device" refers to any of the following items. - An In-Vitro diagnostic reagent that is composed of two or more In-Vitro diagnostic reagents and can perform more than one test - In-Vitro diagnostic equipment that exhibits complex functions as two or more types of In-Vitro diagnostic equipment are gathered to form one In-Vitro diagnostic equipment (including two or more types of In-Vitro diagnostic equipment from the same manufacturer connected to continuously perform different In-Vitro diagnostic tests) 6. "In-Vitro diagnostic medical device in a set" refers to a product composed of two or more types of In-Vitro diagnostic medical devices, etc., in one packaging unit. 11. "Equivalent product" refers to a product that is equivalent to an In-Vitro diagnostic medical device that has already been licensed and certified in terms of purpose of use, principle of action, and all of the following items. - In-Vitro diagnostic reagents: raw materials, performance - In-Vitro Diagnostic Equipment: Performance, Test Specifications, How to Use 12. "Improved product" refers to a product that is equivalent to an already licensed/certified In-Vitro diagnostic medical device in purpose of use and principle of action 13. "New product" refers to a product that is not equivalent in purpose of use or principle of action to an In-Vitro diagnostic medical device that has already been licensed and certified. 15. "In-Vitro diagnostic equipment product family" means a series of products with the same manufacturer/country of manufacture, item name (grade), purpose of use, measurement principle, sample type, applied in vitro diagnostic reagent, and different technical specifications such as test speed and calibration method. It refers to In-Vitro diagnostic equipment composed of models (series products). 16. "All-in-one IVD medical device" refers to an IVD medical device that is designed and manufactured by the same manufacturer of IVD reagent and IVD equipment and has the same purpose of use.

Application national: Korea, In-Vitro Diagnostic devices, MFDS authority, Notification/Certification/Approval Process

Countries: Image for KR Korea, Republic of (South Korea),  
Status: Published 2023-04-20 by Anette Dunkel-Reinboth and Benjamin Kerger
Last change 2024-07-08 by Anette Dunkel-Reinboth: Are national standards based on IEC/ISO standards? , In Vitro Diagnostic (IVD)
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Scope of this ESSENTIAL
This ESSENTIAL describes the regulatory requirements of In-Vitro Diagnostics medical devices in South Korea, based on the
- Act on In-Vitro Diagnostic Medical Devices and its enforcement regulations
- Additional information from Korean MFDS webpages

In-Vitro Diagnostics products are classified into four risk classes, according to the risk associated with their use:
Class I - very low
Class II - low
Class III - moderate
Class IV - high
The classification is harmonized with the IMDRF rules.

Not in scope of this CRF:
- Medial Devices (see: ESSENTIAL KOR Medical Devices)'

Analysis of regulatory requirements

Legislation in force for this PCT
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Are legal provisions regulates the product compliance topic? If yes, what is the reference (title, number)?

Responsible actors
Here you will get textual information

Which actor(s) are responsible for compliance with the legal provisions: e. g. - economic operators (manufacturer, importer, distributor, fulfilment service provider), - user (commercial/industrial/professional), - user (private, consumer)?

Regulatory market access conditions for the actor(s)
Here you will get textual information

What are the main regulatory requirements (e. g. conformity assessment fulfilment of essential requirements of Annex I 2006/42/EC) prior placing on the market, importation and putting into service (brief description)

Penalty by this legislation
Here you will get textual information

What are the possible penalties (e. g. sales ban, fines) in the case of non-compliance?

Exemption clauses
Here you will get textual information

Exempted devices/products or industry sectors.

Sub-federal legislation of states/counties
Here you will get textual information

E. g. by 2019 an Inter-Governmental Agreement (IGA) on governance of the Electrical Equipment Safety System (EESS) has been signed by Queensland, Victoria, Western Australia and Tasmania.

FTA/MRA status with EU
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Has the country signed a Free Trade Agreement (FTA) or a Mutual recognition agreement (MRA) with EU?

Authority
Here you will get a image or chart

Name of the authority for approval, registration, market surveillance and/or enforcement

Market surveillance authority
Here you will get related hyperlink(s)

Name of the authority for market surveillance and/or enforcement

Link/Reference to other reference document(s)
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Abbreviations
Here you will get a table

Important abbreviations which are special for this legislation or theme.

Hints
Here you will get related hyperlink(s)

Specific recommendations, information or most common mistakes

Route to compliance

Formal and administrative requirements

Registration at related authority required?
Here you will get textual information

Product registration? Manufacturer registration? Importer / Representative registration? if required.

Local representative legally required?
Here you will get textual information

[Yes/No]

IMDRF Membership
Here you will get textual information

Established in October 2011, the IMDRF is a forum for medical device regulators from multiple jurisdictions who have agreed to work together to promote international harmonization and convergence in the medical device field. The IMDRF builds on the foundational work of the Global Harmonization Task Force (GHTF), which was established in 1992 with the EU as one of the founding members.

Hints
Here you will get textual information

Specific recommendations, information or most common mistakes

Equipment authorization (approval process)

Approval process (conformity assessment procedure)
Here you will get textual information

Means each legally required approval process prior placing on the market, importation or putting into service

Conformance document(s) to show compliance to the authority
Here you will get textual information

e. g. SDoC, technical documentation (for 10 years), filled-in approval forms (e. g. ACMA in AUT)

Conformance document validity and renewal
Here you will get textual information

Validity for Conformance document name mentioned. For mandatory certification validity is important.

Which documents are required by an approval body?
Here you will get textual information

e .g. formal application

Testing & Standards

Specific requirements for testing
Here you will get related hyperlink(s)

e. g. is an accredited test lab. mandatory, limits, test samples, product description

General information to the application of standards
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

e. g. China: GB standards are mandatory, EU: harmonized standards shall be published in the OJEU with respect to "presumption of conformity"

National Standardisation Organisation
Here you will get related hyperlink(s)

Link to organisation

Are national standards based on IEC/ISO standards?
Here you will get textual information

Undetailed information

Is in-country testing legally required?
Here you will get textual information

Acceptance of foreign test reports
Here you will get textual information

Regulatory labelling, markings and user information

Regulatory label (mandatory)
Here you will get a image or chart

e. g. product label

UDI marking
Here you will get related hyperlink(s)

Regulatory e-labelling allowed?
Here you will get textual information

e. g. put the regulatory information and labels in a software menu

Required information on the product and/or packaging
Here you will get textual information

e. g. address of the manufacturer/importer, serial number

User instructions language(s)
Here you will get textual information

Regulated by the legal provisions

User instruction requirements and specific compliance notes
Here you will get textual information

Form, sentence inside, simple text. E. g. FCC/ISED compliance information, SAR information, battery, environmental information like waste

Medical Device Symbols
Here you will get textual information

Digital user documentation allowed?
Here you will get textual information

User instructions allowed by QR-Code/internet or digital medium or integrated in device with display? Safety instruction allowed by QR-Code or digital medium?


Code, ContinentKOR,
Economic Area
Official LanguageKorean - Framework Act on Korean Language | https://www.law.go.kr/LSW//lsInfoP.do?lsiSeq=211473&chrClsCd=010203&urlMode=engLsInfoR&viewCls=engLsInfoR#0000
Standard InstituteKorean Agency for Technology and Standards | https://www.kats.go.kr/main.do
HS CodememberYes | https://www.wcoomd.org/en/topics/nomenclature/overview/list-of-contracting-parties-to-the-hs-convention-and-countries-using-the-hs.aspx






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