‘Controversy Over Radio Act Violation’ Bicycle Company, Story Behind Acquittal Confirmed

Supreme Court: Electric Bicycles Under 25km/h Are Not Subject to Radio Act Conformity Assessment

Photo by Asia Economy DB

[Asia Economy Reporter Kim Heeyoon] Amid increasing confusion in the industry due to regulations on electromagnetic compatibility evaluation for electric bicycles, the Supreme Court has drawn industry attention by ruling that electric bicycles with a speed of 25 km/h or less are not subject to electromagnetic wave law conformity assessment.

According to the industry on the 8th, Alton Sports, which was prosecuted for violating the Radio Waves Act by importing and selling electric bicycles without conformity assessment, was acquitted.

On the 29th of last month, the Supreme Court's 2nd Division (Presiding Justice No Jeonghee) announced that it upheld the lower court's acquittal ruling in the appeal trial of Alton Sports and others for violating the Radio Waves Act.

Previously, Alton Sports was prosecuted for violating the Radio Waves Act by importing and selling 14,229 electric bicycles without conformity assessment from 2012 to 2016.

The background of the prosecution was the legislative notice by the Radio Research Agency in 2017, which is in charge of electromagnetic compatibility evaluation. The Radio Research Agency mandated certification through electromagnetic compatibility evaluation for mobile electric devices such as electric bicycles, electric boards, electric scooters, electric wheelchairs, and "other similar devices." As a result, the law was changed to prohibit the distribution of uncertified products and allow criminal punishment for sellers.

The problem was the regulation of a significant number of products already distributed in the market. An industry official pointed out, "About 400,000 to 500,000 related products such as electric motorcycles, electric bicycles, and electric kickboards have been sold, so this seems like a remedy after the fact."

In this trial, there was a sharp conflict over whether electric bicycles are included in the list of equipment exempt from conformity registration. The first trial court ruled that since the maximum speed of electric bicycles is 25 km/h or less, they fall under "two-wheeled motor vehicles or automobiles with a maximum speed of 25 km/h or less," and thus are interpreted as equipment exempt from conformity registration, acquitting the defendant. The second trial court also upheld this judgment as legitimate and maintained it.

Meanwhile, the Supreme Court confirmed the ruling, stating, "The lower court's judgment does not exceed the limits of free evaluation of evidence nor misunderstand the legal principles regarding equipment subject to conformity assessment under the Radio Waves Act."

This content was produced with the assistance of AI translation services.