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KOREA JINDO DOG PROTECTION SUPPORT ACT

Wholly Amended by Act No. 5347, Aug. 22, 1997

Amended by Act No. 5721, Jan. 29, 1999

Act No. 8760, Dec. 21, 2007

Act No. 10457, Mar. 9, 2011

Act No. 13147, Feb. 3, 2015

 Article 1 (Purpose)
The purpose of this Act is to boost the superiority of the dog and enhance the utilization thereof by preserving the unique pedigree of the dog, increasing the population of the dog and expanding their distribution.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 2 (Definitions)
The term "Jindo dog" in this Act means a dog, the native habitate of which is Jindo-gun, with pedigree and standard body type determined and publicly notified by the head of Jindo-gun (hereinafter referred to as "the head of the Gun"), after deliberation by the Jindo Dog Deliberation Committee under Article 5 (1).
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 3 (Formulation and Implementation, etc. of Plans on Jindo Dog Protection)
(1) The head of the Gun shall comprehensively formulate and implement plans necessary for the testing and research on the preservation of pedigree of the Jindo dog and for the protection, support, and increased utilization thereof. <Amended by Act No. 13147, Feb. 3, 2015>
(2) The State or a local government may fully or partially subsidize business expenses incurred in formulating and implementing plans under paragraph (1) within budgetary limits.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 4 (Establishment of Jindo Dog Protection Area)
Jindo-gun shall become the Jindo dog protection area (hereinafter referred to as "protection area") to preserve the pure pedigree of the Jindo dog and the protection and support thereof.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 5 (Establishment of Jindo Dog Deliberation Committee)
(1) The Dog Deliberation Committee (referred to as the "Committee" hereinafter) shall be established under the control of the head of Gun, so as to deliberate on major matters for the preservation of the pure pedigree of the dog, such as the formulation of plans under Article 3 (1) and the determination of the pedigree and standard body type of the dog.
(2) Matters necessary for the functions, composition, operation, etc. of the Committee shall be prescribed by ordinance of Jindo-gun (hereinafter referred to as "municipal ordinance").
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 6 (Surveying Actual Status of Breeding)
The head of the Gun may regularly survey dogs bred in the protection area.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 7 (Examinations)
(1) A person who owns or manages any dog in the protection area (hereinafter referred to as "owner, etc.") shall be subject to an examination for pedigree and standard body type of the Jindo dog which is carried by a person committed by the head of the Gun within a time limit prescribed by municipal ordinance: Provided, That, the foregoing shall not apply to dogs, the reproductive capacity of which is removed as the result of castration or sterilization.
(2) Matters necessary for the methods, standards, procedures, commission, etc. under paragraph (1) shall be determined and published by the head of the Gun after deliberation by the Committee.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 8 (Handling Examination Results)
(1) As the result of an examination under Article 7 (1), where a dog is considered to have the pedigree and the standard body type under Article 2, the head of the Gun shall manage the dog in accordance with Article 9 (1); where a dog is deemed not to have such pedigree and body type, the head of the Gun shall oder the owner, etc. to castrate or cull the dog or to transport it out of the protection area within a time limit prescribed by municipal ordinance.
(2) A person who is ordered to castrate, cull, or transport pursuant to paragraph (1) shall take necessary measures in the presence of any relevant public official or police officer, and the public official or police officer shall report the outcomes of the measures to the head of the Gun.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 9 (Registration)
(1) Upon an examination under Article 7 (1), where a dog is deemed to have the pedigree and the standard body type under Article 2, the head of the Gun shall register the dog and notify the dog's owner, etc of such registration.
(2) The head of the Gun shall keep a register for any dog registered pursuant to paragraph (1), issue a registration certificate to the dog's owner, etc. and attach to the dog's body a mark indicating the details of the registration.
(3) The head of the Gun may receive fees from any person who registers under paragraph (1) or intends to have the registration certified.
(4) Matters necessary for a register, a registration certificate, a mark, etc. under paragraph (2) and fees under paragraph (3) shall be prescribed by municipal ordinance.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 10 (Preservation of Pedigree)
(1) An owner, etc. of a Jindo dog shall endeavor to preserve the pedigree of the Jindo dog. and may not use the semen of a dog which is not registered pursuant to Article 9 (1) for artificial insemination.
(2) The head of the Gun may select dogs for breeding, from among registered Jindo dogs, and pay to the owners, etc. expenses incurred in the protection of the dogs for breeding. The head of the Gun may select dogs for breeding, from among registered Jindo dogs, and pay to the owners, etc. expenses incurred in the protection of the dogs for breeding.
(3) The head of the Gun may designate as a model breeding farm for Jindo dogs (hereinafter referred to as "model breeding farm") a breeding farm being operated by an organization related to Jindo dogs or a person who is recognized as specialized in breeding Jindo dogs, from among breeders in the protection area.
(4) Matters necessary for standards for the selection of dogs for breeding, criteria and procedures for the designation of model breeding farms shall be determined and publicly notified by the head of the Gun after deliberation by the Committee.
(5) The head of the Gun may provide guidance, etc. for the purpose of preserving the pedigree of the Jindo dog to any breeder whose Jindo dog has been transported out of the protection area or any organization related to Jindo dogs.
(6) Matters necessary for the payment of expenses incurred pursuant to paragraph (2) shall be prescribed by municipal ordinance.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 11 (Restrictions on Shipping out or Bringing in Dogs)
(1) No person may transport in the protection area any dogs other than Jindo dogs registered pursuant to Article 9 (1): Provided, That dogs considered necessary for tests and studies concerning the Jindo dog, dogs lost their ability to reproduce after castration or sterilization, or dogs considered necessary to promote the Jindo dog, such as dogs participating in Jindo dog shows held in the protection area, may be transported in the protection area for a specified period with the permission of the head of the Gun. <Amended by Act No. 5721, Jan. 29, 1999; Act No. 8760, Dec. 21, 2007; Act No. 10457, Mar. 9, 2011>
(2) No person may transport any Jindo dog out of the protection area: Provided, That Jindo dogs may be transported out with the permission of the head of the Gun in any of the following cases: <Amended by Act No. 8760, Dec. 21, 2007; Act No. 10457, Mar. 9, 2011>
1. Where a plan for supply and demand formulated on the basis of the number of Jindo dogs bred in the protection area is permitted by the Cultural Heritage Administration;
2. Where a Jindo dog is not worth the protection as a national treasure due to the loss of its ability to reproduce or its growing old, from among registered Jindo dogs;
3. The offsprings of a dog is ordered to be transported out of the protection area pursuant to Article 8 (1);
4. Registered Jindo dogs which are transported out of the protection area for a specified period for the purpose of promotion, including Jindo dog shows.
(3) Deleted. <by Act No. 8760, Dec. 21, 2007>
(4) Matters necessary for procedures for permission under paragraphs (1) and (2) shall be determined and publicly notified by the head of the Gun. <Amended by Act No. 8760, Dec. 21, 2007; Act No. 10457, Mar. 9, 2011>
 Article 12 (Inspection on Transporting Jindo Dogs in or out)
The head of the Gun may order any relevant public official to inspect ships or vehicles entering the protection area, or may order such public official to request passengers or passersby to show their belongings in order to restrict on transporting Jindo dogs in or out pursuant to Article 11.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 13 (Presentation of Certificate)
Any of the following persons shall present to relevant persons, the certificate indicating the person's authority. <Amended by Act No. 5721, Jan. 29, 1999; Act No. 10457, Mar. 9, 2011>
1. A person who surveys an actual status of breeding pursuant to Article 6;
2. A person who conducts an examination under Article 7 (1);
3. A person who conducts an inspection under Article 12.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
 Article 14 Deleted. <by Act No. 5721, Jan. 29, 1999>
 Article 15 (Administrative Fines)
(1) Any of the falling persons shall be punished by an administrative fine not exceeding one million won:
1. A person who fails to comply with an order to castrate or cull a dog, or transport a dog out of the protection area, in violation of Article 8 (1);
2. A person who transports any dog, other than registered Jindo dogs, in the protection area, in violation of Article 11 (1);
3. A person who transports a Jindo dog out of the protection area, in violation of Article 11 (2);
4. A person who refuses, obstructs or evades an inspection or request for the presentation of his/her belongings in accordance with Article 12.
(2) Any of the falling persons shall be punished by an administrative fine not exceeding 500 thousand won:
1. A person who fails to undergo an examination, in violation of Article 7 (1);
2. A person who uses the semen of any dog unregistered for artificial insemination, in violation of Article 10 (1).
(3) The head of the Gun shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by municipal ordinance.
[This Article Wholly Amended by Act No. 10457, Mar. 9, 2011]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Registration) Dogs which have undergone an examination under the previous provisions, at the time this Act enters into force, shall be deemed to have undergone an examination under this Act, and dogs registered under the previous provisions shall be deemed dogs registered under this Act.
(3) (Transitional Measures concerning Application of Penalty Provisions) The application of penalty provisions to acts committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 5721, Jan. 29, 1999>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Penalty Provisions) The application of penalty provisions to acts committed before this Act enters into force shall be governed by the previous provisions.
ADDENDUM <Act No. 8760, Dec. 21, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 10457, Mar. 9, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13147, Feb. 3, 2015>
This Act shall enter into force six months after the date of its promulgation.