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ACT ON DISTRIBUTION AND PRICE STABILIZATION OF AGRICULTURAL AND FISHERY PRODUCTS

Wholly Amended by Act No. 6223, Jan. 28, 2000

Amended by Act No. 6699, May 13, 2002

Act No. 6836, Dec. 30, 2002

Act No. 7311, Dec. 31, 2004

Act No. 7275, Dec. 31, 2004

Act No. 8050, Oct. 4, 2006

Act No. 8107, Dec. 28, 2006

Act No. 8135, Dec. 30, 2006

Act No. 8178, Jan. 3, 2007

Act No. 8354, Apr. 11, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9178, Dec. 26, 2008

Act No. 9759, jun. 9, 2009

Act No. 9954, Jan. 25, 2010

Act No. 10303, May 17, 2010

Act No. 10522, Mar. 31, 2011

Act No. 10885, Jul. 21, 2011

Act No. 10886, Jul. 21, 2011

Act No. 10932, Jul. 25, 2011

Act No. 11350, Feb. 22, 2012

Act No. 11349, Feb. 22, 2012

Act No. 11458, jun. 1, 2012

Act No. 11461, jun. 1, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12059, Aug. 13, 2013

Act No. 12138, Dec. 30, 2013

Act No. 12509, Mar. 24, 2014

Act No. 12950, Dec. 31, 2014

Act No. 13131, Feb. 3, 2015

Act No. 13268, Mar. 27, 2015

Act No. 13383, jun. 22, 2015

Act No. 13385, jun. 22, 2015

Act No. 13354, jun. 22, 2015

Act No. 14290, Dec. 2, 2016

Act No. 14643, Mar. 21, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to protect the interests of both consumers and producers and to contribute to stability in people’s lives by facilitating the distribution of agricultural and fishery products and by enabling reasonable prices to be maintained.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10522, Mar. 31, 2011; Act No. 11349, Feb. 22, 2012; Act No. 11461, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12059, Aug. 13, 2013; Act No. 12950, Dec. 31, 2014>
1. "Agricultural and fishery products" means products prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries among agricultural products, livestock products, fishery products and forest products;
2. "Agricultural and fishery products wholesale market" means a market established at a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si pursuant to Article 17 for wholesale marketing for all or some of product items prescribed by Presidential Decree, such as grains, fruits, flowers, white meat and red meat, fish, shellfish, crustacea, seaweeds, forest products, etc.;
3. "Central wholesale market" means an agricultural and fishery products wholesale market which becomes the wholesale center in the relevant jurisdiction and its neighboring areas among the agricultural and fishery products wholesale markets established at a Special Metropolitan City, Metropolitan City, Special Self-Governing City or Special Self-Governing Province, which is prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries;
4. "Local wholesale market" means an agricultural and fishery products wholesale market other than the central wholesale market;
5. "Agricultural and fishery products joint market" means a place of business which is set up and operated by a local agricultural cooperative, local livestock producers cooperative, cooperative by item or by type of business, joint business corporation of cooperatives, federation of cooperatives by item, forestry cooperative, fisheries cooperative and the national federations thereof (including Agribusiness Group of the National Agricultural Cooperative Federation and its subsidiaries; hereinafter referred to as "agricultural, forestry or fisheries cooperative, etc"), other producers' organization prescribed by Presidential Decree, and a corporation prescribed by Presidential Decree (hereinafter referred to as "public benefit corporation"), which is deemed necessary for public benefit, with approval from the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-Governing City, a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") pursuant to Article 43 in order to sell agricultural or fishery products by wholesale;
6. "Privately-operated agricultural and fishery products wholesale market" means a market set up by a person (hereinafter referred to as "private citizen, etc."), other than the State, a local government and a person who can set up an agricultural and fishery products joint market under subparagraph 5, in a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si with permission from the Mayor/Do Governor pursuant to Article 47 in order to sell agricultural or fishery products by wholesale;
7. "Wholesale market corporation" means a corporation (including a public-invested corporation deemed designated as a wholesale market corporation pursuant to Article 24) which sells consigned agricultural or fishery products put on the market by wholesale, or purchases wholesales agricultural or fishery products after being designated by a person who sets up an agricultural or fishery products wholesale market pursuant to Article 23;
8. "Wholesaler at the market" means a corporation which engages in buying agricultural or fishery products, selling consigned agricultural or fishery products by wholesale or in brokering the trade of agricultural or fishery products after being designated by a person who sets up an agricultural and fishery products wholesale market pursuant to Article 36 or a privately-operated agricultural or fishery products wholesale market pursuant to Article 48;
9. "Intermediary wholesaler" means a person who engages in the following business with permission from, or by designation of, a person who sets up an agricultural or fishery products wholesale market pursuant to Article 25, an agricultural or fishery products joint market pursuant to Articles 44 and 46 or a privately-operated agricultural or fishery products wholesale market pursuant to Article 48:
(a) Business of selling purchased agricultural and fishery products by wholesale put on an agricultural or fishery products wholesale market, agricultural or fishery products joint market or privately-operated agricultural or fishery products wholesale market or of brokering the trade of agricultural or fishery products;
(b) Business of selling purchased or consigned agricultural or fishery products not yet put on the market by wholesale, permitted by a person who sets up an agricultural or fishery products wholesale market, agricultural or fishery products joint market, or privately-operated agricultural or fishery products wholesale market, or of brokering the trade of such agricultural or fishery products;
10. "Trade participant" means a prospective buyer of agricultural or fishery products, such as a processor, retailer, exporter or consumers' organization, other than an intermediary wholesaler, who reports to a person who sets up an agricultural or fishery products wholesale market, agricultural or fishery products joint market, or privately-operated agricultural or fishery products wholesale market pursuant to Article 25-3, and directly purchases agricultural or fishery products put on the agricultural or fishery products wholesale market, agricultural or fishery products joint market or privately-operated agricultural or fishery products wholesale market;
11. "Local distributor" means a person (including a corporation; hereinafter the same shall apply) who registers his/her business with a person who sets up an agricultural or fishery products wholesale market pursuant to Article 29, agricultural or fishery products joint market pursuant to Articles 44 and 46 or privately-operated agricultural or fishery wholesale market pursuant to Article 48, and engages in business of collecting agricultural or fishery products to ship such products to the agricultural or fishery products wholesale market, agricultural or fishery products joint market or privately-operated agricultural or fishery products wholesale market;
12. "Comprehensive agricultural and fishery products distribution center" means a place of business equipped with facilities necessary for logistics of agricultural and fishery products, such as the collection, packaging, processing, storage, transportation, sale of agricultural and fishery products and the processing of information thereon, in order to diversify shipping channels of agricultural and fishery products and to reduce logistics costs and other business facilities related thereto, which is set up by the State or a local government pursuant to Article 69 or set up with the support of the State or a local government;
13. "Certified auctioneer" means a person who is designated by a wholesale market corporation pursuant to Article 27 or by a person who sets up an agricultural or fishery products joint market pursuant to Articles 44 and 46 or by a person who sets up a privately-operated agricultural or fishery products wholesale market pursuant to Article 48, and engages in affairs, such as the assesment of prices of agricultural and fishery products put on the market and selection of a successful bidder;
14. "Electronic commerce involving agricultural and fishery products" means trading of agricultural and fishery products by means of electronic commerce under subparagraph 5 of Article 2 of the Framework Act on Electronic Documents and Transactions in order to reduce distribution stages of agricultural and fishery products and to reduce distribution costs.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 3 (Exclusion from Application of other Acts)
The provisions of the Distribution Industry Development Act shall not apply to agricultural or fishery products wholesale markets (hereinafter referred to as "wholesale market"), agricultural or fishery products joint markets (hereinafter referred to as "joint market"), privately-operated agricultural or fishery products wholesale markets (hereinafter referred to as "privately-operated wholesale market") and comprehensive agricultural and fishery products distribution centers (hereinafter referred to as "comprehensive distribution center") under this Act.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER II ADJUSTMENT OF PRODUCTION AND SHIPMENT OF AGRICULTURAL AND FISHERY PRODUCTS
 Article 4 (Designation of Major Producing Areas and Revocation thereof, etc.)
(1) When the Mayor/Do Governor deems it necessary to encourage or control the production and shipment of agricultural and fishery products to strengthen competitiveness of and adjust the supply of and demand for such products, he/she may designate producing areas or producing waters of major agricultural and fishery products (hereinafter referred to as "major producing area") and provide necessary support, such as production loans and technical guidance, for those who produce major agricultural and fishery products in the relevant major producing areas. <Amended by Act No. 14643, Mar. 21, 2017>
(2) Major agricultural and fishery products under paragraph (1) shall be the items designated by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, which account for a large proportion of the production of domestic agricultural and fishery products or require the control of production and shipment. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14643, Mar. 21, 2017>
(3) A major producing area shall be designated by specifying a zone among areas or waters meeting the following requirements: <Amended by Act No. 11690, Mar. 23, 2013>
1. The area of land for cultivating a major agricultural product or the area of waters for aquaculture of a major fishery product shall be at least the area announced by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries;
2. The volume of shipment of major agricultural or fishery products shall be at least the volume announced by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
(4) When a major producing area designated pursuant to paragraph (1) ceases to meet the requirements for designation under paragraph (3), the Mayor/Do Governor may revise or revoke such designation.
(5) Matters necessary for the designation of major producing areas under paragraph (1), the designation of major agricultural and fishery product items under paragraph (2) and any revision to and revocation of designation of major producing areas under paragraph (4) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 4-2 (Composition, etc., of Consultative Bodies for Major Producing Areas)
(1) The Mayors/Do Governors having jurisdiction over major producing areas designated under Article 4 (1) may establish a consultative body for the major producing areas consisting of producers, etc., (hereinafter referred to as “consultative body”) in order to accomplish goals of designation of such major producing areas and to foster major agricultural and fisheries business entities.
(2) The consultative bodies may jointly organize and operate a central consultative council for major producing areas by item (hereinafter referred to as “central council”) to exchange information between major producing areas, participate in the process of controling the supply of and demand for agricultural or fisheries products, or conduct other relevant business affairs.
(3) Matters necessary for creation of consultative bodies and the composition, operation, etc., of central councils shall be prescribed by Presidential Decree.
(4) The State and each local government may partially bear expenses necessary for the efficient operation of consultative bodies and central councils.
[This Article Newly Inserted by Act No. 14643, Mar. 21, 2017]
 Article 5 (Agricultural and Forestry Outlook Service)
(1) For the stabilization of the supply of and demand for agricultural products, the Minister of Agriculture, Food and Rural Affairs shall provide agricultural and forestry outlook service that surveys and analyzes weather information, producing areas, yields, the quantities of inventories, the trends in consumption and overseas market information, etc. every year with respect to major agricultural and fishery products with high price fluctuations, and officially announce the findings thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12138, Dec. 30, 2013; Act No. 13268, Mar. 27, 2015>
(2) Despite agricultural and forestry outlook service provided under paragraph (1), for the stabilization of the supply of and demand for major grains, the Minister of Agriculture, Food and Rural Affairs shall separately provide international grain outlook service that surveys or analyzes the yields and the conditions of supply of and demand for major grain producing and exporting countries every year through the establishment of a regular outlook system on major grains he/she has designated and the development of a grain supply and demand model, and officially announce the findings thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12138, Dec. 30, 2013>
(3) Where The Minister of Agriculture, Food and Rural Affairs deems it necessary for efficient agricultural and forestry outlook service or international grain outlook service, he/she may entrust local agricultural cooperatives, local livestock producers’ cooperatives, cooperatives by item or by type of business, forestry cooperatives, and other persons prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs with the provision of agricultural and forestry outlook service or international grain outlook service, by designating items. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12138, Dec. 30, 2013; Act No. 13268, Mar. 27, 2015>
(4) In order to efficiently provide agricultural and forestry outlook service prescribed in paragraph (1) or international grain outlook service prescribed in paragraph (2), the Minister of Agriculture, Food and Rural Affair may designate a research institute or organization related to agriculture and forestry as an institution exclusively responsible for agricultural and forestry outlook service (including international grain outlook service), and may grant contributions or subsidies within budgetary limits to appropriate expenses incurred in relation to the operation thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12138, Dec. 30, 2013; Act No. 13268, Mar. 27, 2015>
(5) Matters necessary for the designation and operation of an institution exclusively responsible for agricultural and forestry outlook service prescribed in paragraph (4) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12138, Dec. 30, 2013; Act No. 13268, Mar. 27, 2015>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 5-2 (Preparation, etc. of Statistics on Distribution of Agricultural and Fishery Products)
(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall prepare, manage, and publicize statistics on the distribution of major agricultural and fishery products with high price fluctuations in order to stabilize the supply of and demand for agricultural and fishery products, and may consult with the Commissioner of the Statistics Korea, if necessary.
(2) Where necessary for the preparation of statistics prescribed in paragraph (1), the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may request the head of a relevant central administrative agency, the head of a local government, etc. to provide data. In such cases, upon receipt of such request, the head of the relevant central administrative agency, the head of the local government, etc. shall provide data, except in extenuating circumstances.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for the preparation, management, publication, etc. of statistics on the distribution of agricultural and fishery products, shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14290, Dec. 2, 2016]
 Article 5-3 (Establishment and Operation of Comprehensive Information System)
(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may establish and operate a comprehensive information system on the distribution of agricultural or fishery products in order to ensure seamless supply of and demand for agricultural or fishery products and maintain reasonable prices thereof.
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may entrust any specialized institution prescribed by Presidential Decree with the establishment and operation of the comprehensive information system on the distribution of agricultural or fishery products.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for the establishment, operation, etc., of the comprehensive information system on the distribution of agricultural or fishery products, shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14290, Dec. 2, 2016]
 Article 6 (Contract Production)
(1) The Minister of Agriculture, Food and Rural Affairs may encourage a local agricultural cooperative, a local livestock producers cooperative, a cooperative by item or by type of business, a joint business corporation of cooperatives, a federation of cooperatives by item, a forestry cooperative, and the national federations thereof (including Agribusiness Group of the National Agricultural Cooperative Federation and its subsidiaries), producers' organizations prescribed by Presidential Decree (hereinafter referred to as "producers' organizations"), or prospective buyers and producers of agricultural products to engage in contract production or contract shipment between them in order to facilitate the supply of and demand for major agricultural products and to maintain reasonable prices. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13268, Mar. 27, 2015>
(2) The Minister of Agriculture, Food and Rural Affairs may provide necessary support, such as down payment loans, to producers' organizations or prospective buyers of agricultural products who enter into a production contract or a shipment contract pursuant to paragraph (1) with funds from the Agricultural Product Price Stabilization Fund referred to in Article 54. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13268, Mar. 27, 2015>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 7 Deleted. <by Act No. 11350, Feb. 22, 2012>
 Article 8 (Price Indication)
(1) Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries deems it necessary to adjust the supply of and demand for and to stabilize the prices of major agricultural and fishery products prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries, he/she may indicate the lowest price (hereinafter referred to as "forward price") beforehand to protect producers prior to the sowing season of the relevant agricultural product or the time of stocking timing for fish seeds. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13385, Jun. 22, 2015>
(2) Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries determines the forward price pursuant to paragraph (1), he/she shall take into account the outcomes of agricultural and forestry outlook on the relevant agricultural product, international grain outlook on major grains or fisheries outlook referred to in Article 38 of the Fishery Products Distribution Management and Support Act (hereinafter referred to as "fisheries outlook" in this Article), estimated operating costs, expected production by area, expected supply and demand situation, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12138, Dec. 30, 2013; Act No. 13268, Mar. 27, 2015>
(3) Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries determines the forward price pursuant to paragraph (1), he/she shall pre-consult with the Minister of Strategy and Finance. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries indicates the forward price pursuant to paragraph (1), he/she shall implement appropriate policies by connecting the following matters, etc.: <Amended by Act No. 13268, Mar. 27, 2015>
1. Continuous provision of agricultural and forestry outlook service, international grain outlook service or fisheries outlook service referred to in Article 5;
2. Encouragement of contract production or contract shipment referred to in Article 6 or Article 39 of the Fishery Products Distribution Management and Support Act;
4. A distribution agreement and an order to adjust distribution referred to in Article 10;
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 9 (Protection of Producers in Cases of Overproduction)
(1) Where the Minister of Agriculture, Food and Rural Affairs deems necessary to stabilize the prices of perishable agricultural or fishery products, such as vegetables, he/she may purchase the relevant agricultural products from the producers or the producers' organization thereof with financing through the Agricultural Product Price Stabilization Fund referred to in Article 54: Provided, That where he/she deems particularly necessary for the stabilization of the prices, he/she may purchase the relevant agricultural products at wholesale markets or joint markets. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13268, Mar. 27, 2015>
(2) The Minister of Agriculture, Food and Rural Affairs may sell, export, or donate agricultural products purchased pursuant to paragraph (1) or render other necessary disposal. <Amended by Act No. 13268, Mar. 27, 2015>
(3) The Minister of Agriculture, Food and Rural Affairs may entrust affairs concerning purchase programs prescribed in paragraph (1) and disposal prescribed in paragraph (2) to the National Agricultural Cooperative Federation, the National Forestry Cooperatives Federation (hereinafter referred to as "national federations of agricultural and forestry cooperatives") or the Korea Agro-Fisheries and Food Trade Corporation under the Korea Agro-Fisheries and Food Trade Corporation Act (hereinafter referred to as the "Korea Agro-Fisheries and Food Trade Corporation"). <Amended by Act No. 10932, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13268, Mar. 27, 2015>
(4) To stabilize the supply of and demand for vegetables, etc., the Minister of Agriculture, Food and Rural Affairs may conduct necessary activities, such as stabilizing production and shipment. <Newly Inserted by Act No. 14290, Dec. 2, 2016>
(5) Matters necessary for purchase, disposal, etc. provided for in paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 9-2 (Transfer of Jurisdiction of Confiscated Agricultural Products, etc.)
(1) For the stabilization of the supply of and demand for and the establishment of trade order in the domestic agricultural market, the Minister of Agriculture, Food and Rural Affairs may take over the jurisdiction of agricultural products confiscated or vested in the National Treasury (hereinafter referred to as "confiscated agricultural products, etc.") pursuant to Article 326 of the Customs Act and Article 11 of the Prosecutors' Office Act. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs may dispose of confiscated agricultural products, etc. transferred to him/her pursuant to paragraph (1) by sale, public auction, donation, incineration or other methods. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Expenses incurred in disposing of confiscated agricultural products, etc. under paragraph (2) shall be covered by the Agricultural Product Price Stabilization Fund under Article 54 and proceeds generated from the sale or public auction thereof shall be paid to such Fund.
(4) The Minister of Agriculture, Food and Rural Affairs may designate either the National Agricultural Cooperative Federation or the Korea Agro-Fisheries and Food Trade Corporation referred to in Articled 9 (3) to conduct affairs concerning disposal of confiscated agricultural products, etc. under paragraph (2) on his/her behalf. <Amended by Act No. 10932, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013>
(5) Matters necessary for procedures for disposal, etc. of confiscated agricultural products, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 10 (Distribution Agreements and Orders to Adjust Distribution)
(1) The representatives of producers, local distributors, storage business operators, wholesalers, retailers and consumers of major agricultural and fishery products (hereinafter referred to as "producers, etc.") may enter into an agreement to adjust production or to adjust shipment (hereinafter referred to as "distribution agreement") for the automatic adjustment of the supply of and demand for and improvements in the quality of the relevant agricultural and fishery products.
(2) When the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries deems particularly necessary to deal with substantial instability in the supply of and demand for perishable or deteriorative agricultural or fishery products prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and upon receipt of requests from producers, etc. or producers' organizations prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries, he/she may order producers, etc. of the relevant agricultural or fishery products in a certain area to adjust production or shipment for a certain period (hereinafter referred to as "order to adjust distribution"), in consultation with the Fair Trade Commission. <Amended by Act No. 11690, Mar. 23, 2013>
(3) An order to adjust distribution shall contain matters prescribed by Presidential Decree, such as grounds for issuing such order, items subject to such order, persons subject to such order and the methods for adjusting distribution.
(4) Where producers, etc. or producers' organizations intend to request an order to adjust distribution pursuant to paragraph (2), they shall prepare a written request containing matters referred to in paragraph (3), go through the formalities of gathering consensus from interested persons and distribution experts, and obtain consent from the representatives of the producers, etc. of the relevant agricultural and fishery products or at least two thirds of the current members of the relevant producers' organization.
(5) Matters necessary for the criteria and specific procedures for issuing an order to adjust distribution under paragraph (2) and the organization, composition and operational methods, etc. of producers, etc. who can request an order to adjust distribution shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 11 (Execution of Orders to Adjust Distribution)
(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall take measures necessary for the execution of an order to adjust distribution, such as publicity on the details of such order and punishments on violators of such order. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries deems it necessary, he/she may entrust the head of a local government, an association of producers, etc. or a producers' organization of the relevant agricultural and fishery products with some of affairs for the execution of an order to adjust distribution under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 12 (Support for Persons who have Implemented Orders to Adjust Distribution)
(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may make up for losses suffered by producers, etc. who have implemented a distribution agreement or an order to adjust distribution with financing through the Agricultural Product Price Stabilization Fund referred to in Article 54 or the Fishery Development Fund referred to in Article 46 of the Framework Act on Fisheries and Fishing Villages Development. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13268, Mar. 27, 2015; Act No. 13383, Jun. 22, 2015>
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may provide necessary support to an association of producers, etc. or producers' organization conducting some affairs for the execution of an order to adjust distribution pursuant to Article 11 (2). <Amended by Act No. 11690, Mar. 23, 2013>
(3) Matters necessary for making up for loss suffered from the implementation of an order to adjust distribution prescribed in paragraph (1) and support for affairs for the execution of an order to adjust distribution prescribed in paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 13 (Stockpiling Programs, etc.)
(1) Where the Minister of Agriculture, Food and Rural Affairs deems it necessary for the adjustment of the supply of and demand for and the stabilization of prices of agricultural products (excluding rice and barley; hereafter the same shall apply in this Article), he/she may adjust the shipment thereof by making some payments in advance to producers who stockpile agricultural products or who are committed to the shipment of agricultural products, with financing through the Agricultural Product Price Stabilization Fund referred to in Article 54. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13268, Mar. 27, 2015>
(2) The Minister of Agriculture, Food and Rural Affairs shall purchase agricultural products for stockpiling purposes referred to in paragraph (1) from producers or producers' organizations: Provided, That where he/she deems particularly necessary for the price stabilization, he/she may purchase such products at a wholesale market or a joint market, or import them. <Amended by Act No. 13268, Mar. 27, 2015>
(3) Where the Minister of Agriculture, Food and Rural Affairs imports agricultural products for stockpiling purposes pursuant to the proviso to paragraph (2), he/she may engage in futures trading when he/she deems it necessary to prepare for any drastic fluctuations in international prices. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13268, Mar. 27, 2015>
(4) The Minister of Agriculture, Food and Rural Affairs may entrust affairs concerning stockpiling programs prescribed in paragraph (1) to the national federations of agricultural and forestry cooperatives or the Korea Agro-Fisheries and Food Trade Corporation. <Amended by Act No. 10932, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13268, Mar. 27, 2015>
(5) Matters necessary for the purchase, importation, management, sale, etc. of agricultural products for stockpiling purposes prescribed in paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended by Act No. 13268, Mar. 27, 2015>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 14 (Dealing with Losses in Programs, such as Protection of Producers in Cases of Overproduction)
The Minister of Agriculture, Food and Rural Affairs shall treat losses in costs incurred by any reduction, price decrease, sale, export, donations or other disposal, and administrative expenses incurred in conducting affairs, such as transport, packing and control of insects and pests, etc. arising from the purchase programs prescribed in Article 9 and stockpiling programs prescribed in Article 13 as expenses for such programs, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13268, Mar. 27, 2015>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 15 (Recommendations on Import of Agricultural Products, etc.)
(1) Any person who intends to import agricultural products not prescribed otherwise by other Acts among the agricultural products imported at the concessionary tax rates that apply to the market access volume as shown on the Schedules of Concessions of the Republic of Korea following the Marrakesh Agreement Establishing the World Trade Organization (WTO) shall do so upon the recommendation of the Minister of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs may have a nonprofit public corporation designated by him/her conduct affairs of recommending import of agricultural products under paragraph (1) on his/her behalf. In such cases, the Minister of Agriculture, Food and Rural Affairs shall determine recommended quantities by item, criteria for recommendation and other necessary matters. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Any person who intends to import agricultural products pursuant to paragraph (1) shall file an application for recommendation of import with descriptions of the purposes of import and other matters prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(4) When the Minister of Agriculture, Food and Rural Affairs deems it necessary, he/she may import agricultural product items designated by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, among agricultural products subject to recommendation under paragraph (1), for stockpiling purposes pursuant to the proviso to Article 13 (2) or designate a producers' organization to import and sell such agricultural products. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 16 (Collection of Profits from Imports)
(1) The Minister of Agriculture, Food and Rural Affairs may impose and collect profits from imports not exceeding the difference between the domestic prices and import prices from any person who imports agricultural product items prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs among persons who import agricultural products on the recommendation under Article 15 (1), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Profits from imports referred to in paragraph (1) shall be paid to the Agricultural Product Price Stabilization Fund under Article 54, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(3) If a person fails to pay profits from imports under paragraph (1) by a deadline, the Minister of Agriculture, Food and Rural Affairs may collect such profits in the same manner as dispositions on default of national taxes.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER III AGRICULTURAL AND FISHERY PRODUCTS WHOLESALE MARKETS
 Article 17 (Opening, etc. of Wholesale Markets)
(1) A wholesale market shall be set up by business category or by integrating at least two categories, as prescribed by Presidential Decree. In such cases, a Special Metropolitan City, Metropolitan City, Special Self-Governing City or Special Self-Governing Province shall set up a central wholesale market, and a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province or a Si shall set up a local wholesale market: Provided, That where a Si intends to set up a local wholesale market, it shall obtain permission from the Do Governor. <Amended by Act No. 11349, Feb. 22, 2012>
(2) Deleted. <by Act No. 11349, Feb. 22, 2012>
(3) Where a Si intends to obtain permission to set up a local wholesale market pursuant to proviso to paragraph (1), it shall submit an application for setting up a local wholesale market to the Do Governor along with the business regulations and an operation and management plan, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(4) Where a Special Metropolitan City, Metropolitan City, Special Self-Governing City or Special Self-Governing Province intends to set up a wholesale market pursuant paragraph (1), it shall prepare in advance the business regulations and an operation and management plan, and, in cases of a central wholesale market, obtain approval for the business regulations from the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(5) Where a person who sets up a central wholesale market amends the business regulations, he/she shall obtain approval from the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, and where a person who sets up a local wholesale market (only applicable to cases where a Si sets up a local wholesale market) amends the business regulations, he/she shall obtain approval from the Do Governor. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(6) Where a Si intends to close down a local wholesale market, it shall obtain permission from the Do Governor three months prior to such closure: Provided, That where a Special Metropolitan City, Metropolitan City, Special Self-Governing City, or Special Self-Governing Province closes down a wholesale market, it shall officially announce the closure of a wholesale market three months prior to such closure. <Amended by Act No. 11349, Feb. 22, 2012>
(7) Matters to be provided for in the business regulations under paragraphs (3) and (4) and matters necessary for the preparation and submission of an operation and management plan shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 18 (Area where Wholesale Market is Set up)
(1) An area where a wholesale market is set up shall be within the jurisdiction of a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province or a Si where a wholesale market is to be set up.
(2) When the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries deems it necessary to facilitate the distribution of agricultural or fishery products in the relevant area, he/she may permit the incorporation of a certain area adjacent to an area where a wholesale market is set up into an area where such wholesale market is set up: Provided, That for a certain area in a Do to which a local wholesale market belongs, the area which is adjacent to an area where such local wholesale market is set up by a Si, the relevant Do Governor may permit the incorporation of such area into an area where such local wholesale market is set up. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11349, Feb. 22, 2012]
 Article 19 (Criteria for Permission, etc.)
(1) Where the details of an application for permission under Article 17 (3) meet the following requirements, the relevant Do Governor shall grant permission: <Amended by Act No. 11349, Feb. 22, 2012>
1. A place where a wholesale market is to be set up shall be located at an adequate place as a transaction hub for agricultural or fishery products;
2. A place shall be equipped with facilities meeting the criteria under Article 67 (2);
3. The details of an operation and management plan shall be deemed satisfactory and feasible.
(2) Where a place does not have facilities required pursuant to paragraph (1) 2, the Do Governor may grant permission on condition that such facilities shall be equipped within a certain period. <Amended by Act No. 11349, Feb. 22, 2012>
(3) Where a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City or a Special Self-Governing Province intends to set up a wholesale market, it shall meet all the requirements under paragraph (1). <Newly Inserted by Act No. 11349, Feb. 22, 2012>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 20 (Obligations of Persons who Set up Wholesale Markets)
(1) A person who sets up a wholesale market shall implement the following matters for the convenience of traders and the protection of consumers:
1. Maintenance, improvements, and reasonable management of wholesale market facilities;
2. Promotion of competition, the establishment of fair transaction order and the improvement of environment;
3. Standardization, improvement of packaging, and the facilitation of the maintenance of freshness to improve the merchantable quality.
(2) A person who sets up a wholesale market shall formulate and implement measures, including an investment plan and a plan to improve the transaction system, in order to efficiently implement matters under the subparagraphs of paragraph (1).
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 21 (Management of Wholesale Markets)
(1) A person who sets up a wholesale market may set up a wholesale market management office composed of public officials under his/her control (hereinafter referred to as "management office"), or designate a market manager from among local public corporations under the Local Public Enterprises Act (hereinafter referred to as "management corporation"), public-invested corporations under Article 24 or the Korea Agro-Fisheries and Food Trade Corporation. <Amended by Act No. 10932, Jul. 25, 2011>
(2) A person who sets up a wholesale market may determine the scope of duties to manage facilities, maintain order in transactions and guide and supervise persons engaged in distribution and entrust a management office or market manager with affairs concerning the management of the relevant wholesale market or a wholesale market in the area where the wholesale market is set up.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 22 (Operation of Wholesale Markets, etc.)
A person who sets up a wholesale market shall have an adequate number of wholesale market corporations, wholesalers or intermediary wholesalers at the wholesale market, considering the size of its facilities and the amount of transactions, etc. and have them operate the wholesale market: Provided, That a person who sets up a central wholesale market shall have wholesale market corporations for business categories prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 23 (Designation of Wholesale Market Corporations)
(1) A person who sets up a wholesale market shall designate wholesale market corporations by business category. In cases of wholesale market corporations operating in a central wholesale market, he/she shall designate such wholesale market corporations in consultation with the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. In such cases, the period for validity of designation may be set between five years and ten years. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(2) No stockholders, executive officers or employees of a wholesale market corporation shall engage in wholesale business or intermediary wholesale business in competition with the business of the relevant wholesale market corporation: Provided, That where a wholesale market corporation obtains at least the majority of the stocks or equity of another wholesale market corporation by transfer (hereinafter referred to as "takeover") and any stockholder, executive officer or employee of the acquiring corporation concurrently holds the position of a stockholder, executive officer or employee of the acquired corporation pursuant to Article 23-2, this shall not apply.
(3) A corporation meeting the following requirements shall be entitled to become a wholesale market corporation under paragraph (1): <Amended by Act No. 12509, Mar. 24, 2014; Act No. 13131, Feb. 3, 2015>
1. The corporation shall have at least two executive officers in charge of engaging in business, who have knowledge of wholesale business in the relevant category and have experience in affairs of a wholesale market or joint market for at least two years;
2. The corporation shall have no person who has been sentenced to imprisonment without labor or heavier punishment and in whose case two years have not passed since the execution of such punishment was complete (including where the execution is deemed to be complete) or the execution of such punishment was exempted among its executives;
3. The corporation shall have no executive officer who was declared bankrupt but has not been reinstated yet, or who is an incompetent person under the adult guardianship or a quasi-incompetent person under the limited guardianship;
4. The corporation shall have no executive officer involved in a matter which becomes the cause of the revocation of designation as a wholesale market corporation under Article 82 (2);
5. The corporation shall satisfy certain requirements that a person who sets up a wholesale market specifies in the business regulations, such as the scale of business, the percentage of net assets, and earnest money for transactions.
(4) When a wholesale market corporation designated ceases to meet requirements referred to in paragraph (3) 1, it shall meet the relevant requirements within three months.
(5) When the relevant executive officer of a wholesale market corporation fails to meet requirements falling under any of paragraph (3) 2 through 4, the wholesale market corporation shall dismiss such executive officer without delay.
(6) Procedures for designating any wholesale market corporation and other matters necessary for the designation shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 23-2 (Acquisition by Transfer and Merger of Wholesale Market Corporations)
(1) Where a wholesale market corporation acquires by transfer or merges with another wholesale market corporation, it shall obtain approval from a person who sets up the relevant wholesale market.
(2) Except as expressly provided for in the following subparagraphs, a person who sets up a wholesale market shall approve acquisition by transfer or merger pursuant to paragraph (1): <Newly Inserted by Act No. 11349, Feb. 22, 2012>
1. Where a wholesale market corporation that is the party to acquisition by transfer or merger fails to meet requirements referred to in the subparagraphs of Article 23 (3);
2. Where acquisition by transfer or merger violates restrictions under this Act or other statutes.
(3) Where a person who sets up a wholesale market approves merger pursuant to paragraph (1), a wholesale market corporation that merges with another wholesale market corporation shall succeed to the position of another wholesale market corporation subject to merger. <Amended by Act No. 11349, Feb. 22, 2012>
(4) Matters necessary for procedures for approval for acquisition by transfer or merger of a wholesale market corporation, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 24 (Public-Invested Corporations)
(1) Where a person who sets up a wholesale market deems it necessary to efficiently manage and operate the wholesale market, he/she may incorporate a corporation (hereinafter referred to as "public-invested corporation") assigned to engage in affairs as a wholesale market corporation under Article 22 in lieu thereof.
(2) Only any of the following persons may make investments in a public-invested corporation. In such cases, the gross investments made by persons falling under subparagraphs 1 through 3 shall be at least 50 percent of the total investments:
1. A local government;
2. A management corporation;
3. An agricultural, forestry or fisheries cooperative, etc.;
4. Merchants who trade agricultural and fishery products at the relevant wholesale market or a market transferred to such wholesale market and an organization of such merchants;
5. A wholesale market corporation;
6. Other persons whom a person who sets up a wholesale market deems particularly necessary to manage and operate the wholesale market.
(3) The provisions on stock companies of the Commercial Act shall apply to public-invested corporations except as otherwise provided for in this Act.
(4) A public-invested corporation shall be deemed designated as a wholesale market corporation under Article 23 on the date it registers incorporation under Article 317 of the Commercial Act.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 25 (Permission for Intermediary Wholesale Business)
(1) A person who intends to engage in business as an intermediary wholesaler shall obtain permission for the relevant business category from a person who sets up the relevant wholesale market.
(2) A person who sets up a wholesale market shall grant permission under paragraph (1) and permission for renewal under paragraph (7) except in any of the following cases: <Newly Inserted by Act No. 11349, Feb. 22, 2012; Act No. 14643, Mar. 21, 2017>
1. Where a person who intends to engage in business as an intermediary wholesaler falls under paragraph (3);
2. Where a person who intends to engage in business as an intermediary wholesaler violates any restriction under this Act or other Acts and subordinate statutes.
(3) None of the following persons shall be granted permission for intermediary wholesale business: <Amended by Act No. 11349, Feb. 22, 2012; Act No. 12509, Mar. 24, 2014; Act No. 13131, Feb. 3, 2015>
1. A person who was declared bankrupt and has not been reinstated yet, or an incompetent person under adult guardianship;
2. A person who was sentenced to imprisonment without labor or heavier punishment and in whose case the execution of such punishment has not been complete (including where the execution of the punishment is deemed complete) or exempted;
3. A person in whose case two years have not passed from the date permission for intermediary wholesale business was revoked pursuant to Article 82 (5);
4. A stockholder, an executive officer or an employee of a wholesale market corporation who intends to engage in intermediary wholesale business in competition with the business of the relevant wholesale market corporation;
5. A corporation, any of whose executive officers falls under any of subparagraphs 1 through 4;
6. A person who fails to satisfy requirements for permission that a person who has established a wholesale market has specified in the business regulations, such as the minimum volume of business and a deposit to guarantee the payment of the trading value.
(4) A corporate intermediary wholesaler shall, if any of its executive officers falls under paragraph (3) 5, dismiss such executive officer without delay. <Amended by Act No. 11349, Feb. 22, 2012>
(5) No intermediary wholesaler shall do any of the following: <Amended by Act No. 12509, Mar. 24, 2014>
1. Interfering with participation by another intermediary wholesaler or trade participant in trading, or collectively boycotting any auction of or bidding on agricultural or fishery products;
2. Having another person engage in intermediary wholesale business by using his/her name or trade name, or lending another person his/her license for intermediary wholesale business.
(6) Where a person who establishes a wholesale market permits intermediary wholesale business pursuant to paragraph (1), he/she may set the period for validity of permission at between five and ten years: Provided, That for a non-corporate intermediary wholesaler, a person who sets up a wholesale market may set the period for validity of permission at between three and ten years.
(7) A person who intends to continue to engage in his/her intermediary wholesale business after a period of validity of permission set under paragraph (6) expires, shall obtain permission for renewal, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 14643, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 25-2 (Acquisition by Transfer and Merger of Corporate Intermediary Wholesalers)
The provisions of Article 23-2 shall apply mutatis mutandis to acquisition by transfer or merger of corporate intermediary wholesalers. In such cases, a "wholesale market corporation" shall be construed as a "corporate intermediary wholesaler".
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 25-3 (Reporting by Trade Participants)
A person who intends to engage in business as a trade participant shall report to a person who sets up a wholesale market, a joint market or a privately-operated wholesale market as a trade participant, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 26 (Special Cases concerning Scope of Business of Intermediary Wholesalers)
Any intermediary wholesaler who has obtained permission pursuant to Article 25 may engage in his/her business even at a joint market set up in a wholesale market (hereinafter referred to as "joint market in the wholesale market").
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 27 (Appointment or Dismissal of Certified Auctioneers)
(1) A wholesale market corporation shall appoint a fixed number of certified auctioneers for fair and expeditious trade at the wholesale market, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A wholesale market corporation shall appoint certified auctioneers from among those who do not fall under any of the following, who have passed a qualifying examination for certified auctioneers: <Amended by Act No. 12509, Mar. 24, 2014; Act No. 13131, Feb. 3, 2015>
1. An incompetent person under the adult guardianship or a quasi-incompetent person under limited guardianship;
2. A person who was sentenced to imprisonment without labor or heavier punishment and in whose case two years have not passed from the date the execution of such punishment was complete (including where the execution of such punishment is deemed complete) or exempted;
3. A person who is subject to a suspended sentence of imprisonment without labor or heavier punishment as declared by a court;
4. A wholesaler at the market, intermediary wholesaler, local distributor, or executive officer or employee of the relevant wholesale market;
5. A person in whose case two years have not passed since he/she was dismissed from office pursuant to Article 82 (4);
6. A person who is subject to suspension of business under Article 82 (4).
(3) Where a certified auctioneer falls under any of paragraph (2) 1 through 4, a wholesale market corporation shall dismiss such certified auctioneer.
(4) When a wholesale market corporation has appointed or dismissed a certified auctioneer, it shall report the details thereof to a person who sets up the relevant wholesale market, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries, and shall post a notice of such details on the website designated and publicly announced by the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 27-2 (Qualifying Examinations for Certified Auctioneers)
(1) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries shall administer a qualifying examination for certified auctioneers, divided into a written examination and a practical examination. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where any person cheats in a qualifying examination for certified auctioneers referred to in paragraph (1), the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries shall take a disposition of suspending the relevant examination, invalidating or cancelling the results thereof. In such cases, the person who has received the disposition shall be ineligible for applying for a qualifying examination for a certified auctioneer, for three years from the date of such disposition. <Newly Inserted by Act No. 13354, Jun. 22, 2015>
(3) Where the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries intends to take a disposition (excluding suspension of the relevant examination) under the main part of paragraph (2), he/she shall first notify the party of the details of and grounds for the disposition to give the party an opportunity to establish a prima facie case. <Newly Inserted by Act No. 13354, Jun. 22, 2015>
(4) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may entrust affairs concerning the administration of a qualifying examination for certified auctioneers prescribed in paragraph (1) (including suspension of the relevant examination prescribed in paragraph (2)) to a relevant specialized institution that he/she deems capable of administering such examination, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13354, Jun. 22, 2015>
(5) Eligibility requirements for qualifying examinations for certified auctioneers prescribed in paragraph (1), examination subjects, partial exemption from an examination, methods for administering examinations, the issuance of certificates, examination fees, fees for the issuance of certificates, and other matters necessary for examinations shall be prescribed by Presidential Decree. <Amended by Act No. 13354, Jun. 22, 2015>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 28 (Duties of Certified Auctioneers)
(1) Any certified auctioneer shall perform the following duties:
1. Decision on priorities in auctions for agricultural or fishery products put on the market for sale by a wholesale market corporation;
2. Evaluation of prices of agricultural or fishery products put on the market for sale by a wholesale market corporation;
3. Decision on successful bidders on agricultural or fishery products put on the market for sale by a wholesale market corporation.
(2) For the purposes of Articles 129 through 132 of the Criminal Act, a certified auctioneer shall be deemed a public official.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 29 (Registration of Local Distributors)
(1) Any person who intends to collect agricultural and fishery products to ship them to any wholesale market shall file registration for his/her business for each business category with a person who sets up the wholesale market, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries: Provided, That this shall not apply to any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where a producers' organization ships its members' products;
2. Where a wholesale market corporation puts agricultural or fishery products it has purchased pursuant to the proviso to Article 31 (1) on the market for sale;
3. Where an intermediary wholesaler trades agricultural or fishery products which are not put on the market for sale pursuant to proviso to Article 31 (2);
4. Where a wholesaler at the market trades agricultural or fishery products pursuant to Article 37;
5. Other cases prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries.
(2) No wholesale market corporation or intermediary wholesaler, or no stockholder, executive officer or employee thereof shall engage in business as a local distributor at the wholesale market.
(3) A person who sets up a wholesale market shall permit the registration of a local distributor pursuant to paragraph (1) except where the local distributor violates restrictions under this Act or other Acts and subordinate statutes. <Amended by Act No. 11349, Feb. 22, 2012>
(4) Any local distributor shall be prohibited from selling, purchasing or intermediating agricultural or fishery products, other than shipping such products in the wholesale market with which his/her business has been registered.
(5) When a person under any obligation to register his/her business pursuant to paragraph (1) engages in business as a local distributor without registration, a person who sets up a wholesale market may take measures to ban or restrict his/her access to the wholesale market.
(6) The State or local governments may provide necessary support to local distributors for the promotion of fair trade.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 30 (Registration of Shippers)
(1) A producer, producers' organization, etc. that intend to ship agricultural or fishery products to the wholesale market shall report to a person who sets up the relevant wholesale market, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries, in order to establish order in transactions of agricultural and/or fishery products and stabilize the supply thereof and demand therefor. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where a shipper who has reported pursuant to paragraph (1) ships agricultural or fishery products after contracting shipment thereof in advance, a person who sets up a wholesale market, wholesale market corporation or wholesaler at the market may give preferential treatments, such as reducing consignment service fees and carrying out auctions among others.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 31 (Principles of Sales on Consignment)
(1) Each wholesale market corporation shall sell agricultural or fishery products at wholesale in the wholesale market under consignment from a shipper: Provided, That when special circumstances prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries exist, such wholesale market corporation may sell agricultural or fishery products wholesale it has purchased. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Each intermediary wholesaler shall be prohibited from trading agricultural and fishery products, other than those placed on the market for sale by any wholesale market corporation: Provided, That the same shall not apply to any agricultural or fishery products unfit for any wholesale market corporation prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries to put on the market for sale and other agricultural and fishery products, equivalent thereto, which are permitted by a person who sets up a wholesale market for trading such products with fixed items and period thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Articles 35 (1), 38, 39, 40 (2), and (4), 41 (excluding proviso to paragraph (2)), 42 (1) 1 and 3, and 81 shall apply mutatis mutandis to the trade of any intermediary wholesaler under proviso to paragraph (2).
(4) Where an intermediary wholesaler trades products falling under proviso to paragraph (2) at the Electronic Commerce Center for Agricultural and Fishery Products under Article 70-2 (1) 1, he/she may choose not to bring such products into the wholesale market.
(5) No intermediary wholesaler shall trade agricultural or fishery products with another intermediary wholesaler, except where he/she trades agricultural or fishery products put on the market for sale by a wholesale market corporation with another intermediary wholesaler of such wholesale market within the limit of the annual value of transactions determined by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 12509, Mar. 24, 2014>
(6) No value of transactions between intermediary wholesalers under paragraph (5) shall be included in the calculation of the minimum volume of business under Article 25 (3) 6. <Newly Inserted by Act No. 12509, Mar. 24, 2014>
(7) Each intermediary wholesaler who has traded agricultural or fishery products with another intermediary wholesaler pursuant to paragraph (5) shall notify transaction particulars to a person who sets up a wholesale market, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 12509, Mar. 24, 2014>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 32 (Methods of Trading)
A wholesale market corporation shall trade agricultural or fishery products at the wholesale market by means of auction, bidding, trade at a fixed price or free trade: Provided, That where transaction methods have been prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries, such as cases where a shipper designates and requests a transaction method, the wholesale market corporation may trade agricultural or fishery products in response to such request. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11349, Feb. 22, 2012]
 Article 33 (Methods of Auction or Bidding)
(1) Where a wholesale market corporation sells agricultural and fishery products put on the wholesale market by means of auction or bidding in order of consignment, it shall sell such products to a person bidding at the highest price: Provided, That where a shipper proposes in writing the lowest price that he/she is to accept for trading, it shall not sell such products at a price lower than such price. <Amended by Act No. 11349, Feb. 22, 2012>
(2) If necessary for efficient distribution, a person who sets up a wholesale market may give priority to agricultural or fishery products shipped in large quantities, standardized, or shipped in on a contract, etc., as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(3) In principle, auction or bidding under paragraph (1) shall be carried out electronically, but if necessary, by methods, such as the raising of hands, recording, and written bidding, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. In such cases, where it is necessary to realize the open auction, the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, or a person who sets up a wholesale market may place limitations on the methods of auction by item or by wholesale market. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 34 (Special Cases concerning Trade)
Where special circumstances prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries exist, such as where supplies of agricultural or fishery products are so large that a person who sets up a wholesale market cannot engage in a normal trade, he/she may allow a wholesale corporation to sell such products to any person other than intermediary wholesalers and trade participants, while a wholesaler at the market, to any wholesale market corporation or any intermediary wholesaler only on the date such circumstances arise. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 35 (Limitations on Business of Wholesale Market Corporations)
(1) No wholesale market corporation shall sell agricultural and fishery products in any place, other than the wholesale market.
(2) Notwithstanding paragraph (1), a wholesale market corporation may choose not to bring the relevant products into a wholesale market and be traded thereon where the trade thereof falls under any of the following: <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11461, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
1. Where the wholesale market corporation trades agricultural or fishery products by means of electronic commerce under the Framework Act on Electronic Documents and Transactions with prior approval from a person who sets up the wholesale market;
2. Where a person who sets up a wholesale market approves that the wholesale market corporation brings samples of agricultural or fishery products kept and stored in facilities meeting certain standards stipulated by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries into the wholesale market and trades such samples there.
(3) Matters necessary for the methods of electronic commerce and sample trading under paragraph (2), and other relevant matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(4) No wholesale market corporation shall concurrently engage in business other than the business of selling agricultural or fishery products: Provided, That such wholesale market corporation may concurrently engage in the business of sorting, packing, processing, ice-making, keeping, after-maturing, storing, exporting, importing, etc. agricultural or fishery products, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Where there are fears that wholesale affairs of a wholesale market corporation could be undermined due to competition with local shippers or too many concurrent business transactions, a person who sets up a wholesale market shall restrict concurrent business under the proviso to paragraph (4) for a period of up to one year, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 35-2 (Public Announcement by Wholesale Market Corporations, etc.)
(1) A wholesale market corporation or wholesaler at the market shall publicly announce the volume of dealings, price information, financial standing, etc. in order to protect the rights and interests of shippers and consumers.
(2) Matters necessary for the details of public announcement, methods thereof, procedures therefor, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 36 (Designation of Wholesalers at Market)
(1) A person who sets up a wholesale market shall designate wholesalers at the market for each business category. In such cases, the person who sets up the wholesale market may set a period of validity of such designation at between five and ten years.
(2) A corporation meeting the following requirements shall be entitled to become a wholesaler at the market under paragraph (1): <Amended Act No. 12509, Mar. 24, 2014; Act No. 13131, Feb. 3, 2015>
1. A corporation shall have no executive officer who has been sentenced to imprisonment without labor or a heavier punishment and for whom two years have not elapsed from the date the execution of such sentence was complete (including where the execution of the sentence is deemed to be complete) or exempted;
2. A corporation shall have no executive officer who runs wholesale business or intermediate wholesale business in competition with the business of wholesalers at the relevant wholesale market;
3. A corporation shall have no executive officer who has yet to be reinstated after having been declared as bankrupt by court, or who has been declared as an incompetent person under the adult guardianship or a quasi-incompetent person under limited guardianship;
4. A corporation shall have no executive officer involved in any act that causes revocation of designation as a wholesaler at the market under Article 82 (2);
5. A corporation shall satisfy certain requirements for the business regulations fixed by a person who sets up a wholesale market, such as the scale of trading, rate of net assets, and deposit of guarantee for dealings.
(3) A wholesaler at the market shall, when any of its executive officers fails to satisfy the requirements falling under any of paragraph (2) 1 through 4, dismiss him/her without delay.
(4) Procedures for designating wholesalers at the market and other matters necessary for designation shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 36-2 (Acquisition by Transfer or Merger of Wholesalers at Market)
The provisions of Article 23-2 shall apply mutatis mutandis to acquisition by transfer or merger of wholesalers at the market. In such cases, a "wholesale market corporation" shall be construed as a "wholesaler at the market".
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 37 (Business of Wholesalers at Market)
(1) A wholesaler at the market may sell purchased or consigned agricultural or fishery products at wholesale or intermediate the trade of such products: Provided, That in cases prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries, such as cases where a person who sets up a wholesale market deems it necessary to maintain order in transactions, he/she may restrict or prohibit wholesalers at the market from trading consigned agricultural or fishery products with items and a period fixed. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No wholesaler at the market shall sell agricultural or fishery products to any wholesale market corporation or intermediary wholesaler at the relevant wholesale market.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 38 (Prohibition of Refusal of Consignment)
No wholesale market corporation or wholesaler at the market shall, when engaging in business, refuse or avoid the consignment of agricultural or fishery products shipped in and the sales of consigned agricultural or fishery products or give unfavorable treatment to traders without good cause, except in any of the following cases:
1. Where it ships products, in violation of an order to adjust distribution under Article 10 (2);
2. Where it ships products without filing a shipper report under Article 30;
3. Where it is found not to meet standards as a result of the safety examination under Article 38-2;
4. Where it fails to meet standards on the minimum shipment volume that a person who sets up a wholesale market specifies in the business regulations;
5. Other cases prescribed by Presidential Decree for the improvement of environment, the promotion of standardized shipment, etc.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 38-2 (Safety Examinations of Agricultural and Fishery Products for Shipments)
(1) A person who sets up a wholesale market shall conduct safety examinations of agricultural or fishery products brought into the wholesale market as to whether agricultural or fishery products contain harmful substances exceeding residual quantity permitted, etc. under Article 61 of the Agricultural and Fishery Products Quality Control Act. In such cases, a Si among persons who set up a wholesale market may entrust such safety examinations to an inspection agency under the jurisdiction of the Do Governor who has permitted the setting up of the relevant wholesale market pursuant to the proviso to Article 17 (1). <Amended by Act No. 10885, Jul. 21, 2011; Act No. 12509, Mar. 24, 2014>
(2) A person who sets up a wholesale market may restrict shipment to the relevant wholesale market for a period of up to one year to the shipper of substandard products discovered through a safety examination under paragraph (1). In such cases, the same shall apply to those who are prohibited from shipping substandard products discovered through a safety examination conducted by a person who sets up another wholesale market.
(3) Necessary matters concerning standards and methods for conducting safety examinations under paragraph (1) and standards, procedures, etc. for restrictions on shipment under paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 39 (Takeover of Traded Agricultural and Fishery Products, etc.)
(1) Any person who purchases agricultural or fishery products from any wholesale market corporation or wholesaler at the market shall take over such products immediately after the trade is effected.
(2) When a purchaser under paragraph (1) refuses or neglects the takeover of his/her purchased agricultural or fishery products without good cause, a wholesale market corporation or a wholesaler at the market may store such products for a specific period at the purchaser's expenses, or trade such products again by cancelling the problematic trade without any peremptory notice for such trading.
(3) In cases referred to in paragraph (2), any loss on transactions shall be borne by the initial purchaser.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 40 (Loading and Unloading Operations)
(1) A person who sets up a wholesale market shall endeavor to improve the loading and unloading system and facilitate the mechanization of the loading and unloading work to efficiently perform the loading and unloading work in the wholesale market, and formulate and implement policy measures to reduce costs incurred in loading and unloading and protect the interests of shippers.
(2) Standard loading and unloading charges (referring to loading and unloading charges inevitably required to sell standard agricultural and fishery products shipped at the wholesale market) for standard agricultural and fishery products shipped that a person who sets up a wholesale market specifies in the business regulations shall be borne by a wholesale market corporation or wholesaler at the market.
(3) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may order a person who sets up a wholesale market to take necessary measures for the improvement of loading and unloading system and the mechanization of loading and unloading work under paragraph (1) and for the facilitation of standard shipment under paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013>
(4) A wholesale market corporation or a wholesaler at the market may enter into a service contract with a company specializing in loading and unloading, etc. with respect to the loading and unloading work at the wholesale market.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 41 (Payments to Shippers)
(1) When agricultural or fishery products purchased or consigned are traded, a wholesale market corporation or a wholesaler at the market shall make all payments therefor to a shipper without delay: Provided, That when the wholesale market corporation or wholesaler at the market and the shipper enter into a special agreement with respect to the methods of payment, payment shall be made according to such special agreement. <Amended by Act No. 11349, Feb. 22, 2012>
(2) Any payment under paragraph (1) shall be made in a manner that a wholesale market corporation or wholesaler at the market issues a standard statement of accounts prepared after verifying a standard invoice and sales ledger to a shipper, and the shipper submits them to a separate window (including an organization settling accounts for payments under Article 41-2) for the settlement of accounts to receive payment: Provided, That in cases of a wholesale market corporation recognized by a person who sets up a wholesale market, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries, it may directly make payments to shippers. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(3) A standard invoice, a sales ledger and a standard statement of accounts under paragraph (2) and matters necessary for the methods of and procedures for the settlement of payments, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 41-2 (Support for Establishment of Organizations Settling Accounts)
Where wholesale market corporations, wholesalers at the market, intermediary wholesalers, etc. jointly establish an association, company, etc. for settlement of accounts to make the following payments (hereinafter referred to as "organization settling accounts for payments"), a person who sets up a wholesale market may provide support therefor:
1. Payments for shipments;
2. Payments for sale following transactions of agricultural or fishery products between a wholesale market corporation and an intermediary wholesaler or trade participant.
[This Article Newly Inserted by Act No. 11349, Feb. 22, 2012]
 Article 42 (Restrictions on Collection of Fees, etc.)
(1) A person who sets up a wholesale market, a wholesale market corporation, a wholesaler at the market, a intermediary wholesaler or an organization settling accounts shall not collect money on whatever pretext is used, other than the following fees, from persons subject to collection in relation to the relevant business: <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
1. User fees for the use of a wholesale market that a person who sets up the wholesale market collects from wholesale market corporations or wholesalers at the market at the least possible expenses for the maintenance and management of the wholesale market;
2. User fees for the use of facilities that a person who sets up a wholesale market collects from the users of facilities prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries;
3. Consignment fees equivalent to a fixed percentage or fixed amount of the transaction value of the products sold that a wholesale market corporation or a wholesaler at the market collects from shippers who have consigned agricultural or fishery products for sale;
4. Brokerage fees equivalent to a fixed percentage of the transaction value of products traded that a wholesaler at the market or intermediary wholesaler collects from persons who have traded agricultural or fishery products where he/she has intermediated the trade of such products;
5. Fees for settlement of accounts for payments that wholesale market corporations, wholesalers at the market, intermediary wholesalers, trade participants, etc. make to an organization settling accounts for payments where the trade cost is paid.
(2) The rates of user fees and other fees provided for in paragraph (1) 1 through 5 shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(3) Deleted. <by Act No. 11349, Feb. 22, 2012>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 42-2 (Special Cases concerning Operation, etc. of Local Wholesale Markets)
(1) Where a person who sets up a local wholesale market deems it necessary in the light of the size of the relevant whole market, trading volume, etc. therein, he/she may specify special cases in the business regulations, separately from cases prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries pursuant to the proviso to Article 31 (1) and (2). <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(2) Deleted. <by Act No. 11349, Feb. 22, 2012>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 42-3 (Exemption from Over-concentration Charges)
Notwithstanding Article 12 of the Seoul Metropolitan Area Readjustment Planning Act, no over-concentration charges shall be imposed against any building constructed for a project for modernizing the facilities of wholesale markets.
[This Article Newly Inserted by Act No. 13354, Jun. 22, 2015]
CHAPTER IV AGRICULTURAL OR FISHERY PRODUCTS JOINT MARKETS AND PRIVATELY-OPERATED AGRICULTURAL OR FISHERY PRODUCTS WHOLESALE MARKETS, ETC.
 Article 43 (Establishment of Joint Markets)
(1) When a producers' organization or a public benefit corporation intends to set up a joint market, it shall obtain approval from the relevant Mayor/Do Governor after it has facilities meeting the standards under Article 67 (2): Provided, That joint markets set up by the National Agricultural Cooperative Federation shall be deemed set up by Agribusiness Group of the National Agricultural Cooperative Federation and its subsidiaries. <Amended by Act No. 12950, Dec. 31, 2014>
(2) Article 19 (2) shall apply mutatis mutandis to cases falling under paragraph (1).
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 44 (Persons Involved in Transactions at Joint Markets)
(1) Intermediary wholesalers, trade participants, local distributors and certified auctioneers may work in a joint market.
(2) A person who sets up a joint market shall designate intermediary wholesalers operating at the joint market. In such cases, Article 25 (3) and (4) shall apply mutatis mutandis to the designation, etc. of intermediary wholesalers. <Amended by Act No. 11349, Feb. 22, 2012>
(3) Any person who intends to collect agricultural or fishery products to put them on a joint market for sale shall file for registration of a local distributor with a person who sets up the joint market. In such cases, the proviso to Article 29 (1) and paragraphs (3) through (6) of the same Article shall apply mutatis mutandis to registration, etc. of local distributors.
(4) A person who sets up a joint market shall appoint or dismiss certified auctioneers for the joint market. In such cases, Articles 27 (2) through (4) and 28 shall apply mutatis mutandis to the qualification standards and duties of certified auctioneers.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 45 (Operation, etc. of Joint Markets)
The provisions of Articles 31 through 34, 38, 39, 40, 41 (1) and 42 shall apply mutatis mutandis to the methods of operations and transactions, etc., in any joint market: Provided, That where it is inappropriate in the light of the size of a joint market, trading volume, etc., thereat to apply the relevant provisions to the joint market, a person who sets up such joint market may separately determine the methods of operations and transactions, etc., to the extent that he/she deems reasonable in accordance with the business regulations.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 46 (Special Cases concerning Operation of Joint Markets in Wholesale Markets, etc.)
(1) Articles 30 (2), 31 (1), 32 through 34, 35 (2) through (5), 35-2, 38, 39 through 41, 41-2, and 42 shall apply mutatis mutandis to the methods of operations and transactions, etc., in joint markets in a wholesale market. <Amended by Act No. 11349, Feb. 22, 2012>
(2) Articles 25, 31 (2) through (7), 42, and 75 shall apply mutatis mutandis to intermediary wholesalers operating in joint markets in a wholesale market. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 12509, Mar. 24, 2014>
(3) Article 29 shall apply mutatis mutandis to the local distributors operating in joint markets in a wholesale market.
(4) Articles 27 and 28 shall apply mutatis mutandis to the certified auctioneers operating in joint markets in a wholesale market.
(5) The operation of joint markets in a wholesale market may be entrusted to a distribution subsidiary of an agricultural, forestry, or fisheries cooperative, etc. under Article 70.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 47 (Establishment of Privately-Operated Wholesale Markets)
(1) Where a private citizen, etc. intends to set up a privately-operated wholesale market in a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province or a Si, the private citizen, etc. shall obtain permission from the competent Mayor/Do Governor. <Amended by Act No. 11349, Feb. 22, 2012>
(2) Where a private citizen, etc. intends to obtain permission to set up a privately-operated wholesale market pursuant to paragraph (1), the private citizen, etc. shall submit an application for permission to set up a privately-operated wholesale market to the competent Mayor/Do Governor along with business regulations and an operation and management plan, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Article 17 (5) and (7) shall apply mutatis mutandis to business regulations and an operation and management plan under paragraph (2).
(4) The Mayor/Do Governor shall grant permission pursuant to paragraph (1) except in any of the following cases: <Amended by Act No. 11349, Feb. 22, 2012; Act No. 14643, Mar. 21, 2017>
1. Where a place in which a private citizen, etc. intends to set up a privately-operated wholesale market is located at a place that may cause traffic congestion;
2. Where facilities in a privately-operated wholesale market do not meet standards under Article 67 (2);
3. Where the details of an operation and management plan are impracticable;
4. Where a privately-operated wholesale market violates restrictions under this Act or other statutes.
(5) Where the Mayor/Do Governor receives an application for permission to set up a privately-operated wholesale market pursuant to paragraph (2), he/she shall notify the applicant of whether to grant permission or the reason for delayed permission processing, within 30 days from the date he/she receives the application (hereinafter referred to as “permission processing period”). In such cases, if notification of whether permission will be granted or of the reason for delayed permission processing is not issued within the permission processing period, it shall be deemed that permission is obtained on one day after the last day of the permission processing period. <Newly Inserted by Act No. 14643, Mar. 21, 2017>
(6) Where the Mayor/Do Governor notifies the reason for delayed permission processing pursuant to paragraph (5), he/she may extend the permission processing period only once for a period up to 10 days. <Newly Inserted by Act No. 14643, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 48 (Operation of Privately-Operated Wholesale Markets, etc.)
(1) A person who sets up a privately-operated wholesale market may directly operate such market by employing intermediary wholesalers, trade participants, local distributors and certified auctioneers or entrust the operation of such market to wholesalers at the market.
(2) A person who sets up a privately-operated wholesale market shall designate intermediary wholesalers operating at the privately-operated wholesale market. In such cases, Article 25 (3) and (4) shall apply mutatis mutandis to the designation, etc. of intermediary wholesalers. <Amended by Act No. 11349, Feb. 22, 2012>
(3) A person who intends to collect agricultural or fishery products to put them on a privately-operated wholesale market for sale shall file for registration of a local distributor with a person who sets up the privately-operated wholesale market. In such cases, the proviso to Article 29 (1) and paragraphs (3) through (6) of the same Article shall apply mutatis mutandis to the registration, etc. of local distributors.
(4) A person who sets up a privately-operated wholesale market shall appoint or dismiss certified auctioneers operating at the privately-operated market. In such cases, Articles 27 (2) through (4) and 28 shall apply mutatis mutandis to the qualification standards for certified auctioneers and their duties.
(5) A person who sets up a privately-operated wholesale market shall designate wholesalers operating at the privately-operated wholesale market. In such cases, Articles 36 (2) through (4), 37, 38, 39, 41 and 42 shall apply mutatis mutandis to the designation and operations of wholesalers at the market. <Amended by Act No. 11349, Feb. 22, 2012>
(6) Where a person who sets up a privately-operated wholesale market directly operates the privately-operated wholesale market by employing intermediary wholesalers, trade participants, local distributors and certified auctioneers, Articles 31 through 34, 38, 39 through 41 and 42 shall apply mutatis mutandis to the operation thereof and transaction methods, etc.: Provided, That where it is inappropriate in the light of the size of a privately-operated wholesale market, trading volume, etc. thereat to apply the relevant provisions to the methods of operations and transactions in such market, the person who sets up such privately-operated wholesale market may separately specify the operation thereof, transaction methods, etc. to the extent that he/she deems reasonable, as prescribed by business regulations. <Amended by Act No. 11349, Feb. 22, 2012>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 49 (Establishment of Local Sales System)
(1) An agricultural, forestry or fisheries cooperative, etc. or a public benefit corporation shall establish and implement measures for sale for the protection of producers, such as the implementation of a local auction system for major items of agricultural and fishery products shipped from producing areas, or the expansion of route sales, and measures for local distribution, such as the enlargement of facilities for screening, packing and storing.
(2) An agricultural, forestry or fisheries cooperative, etc. or a public benefit corporation may hold warehouse auctions, field auctions or onboard auctions by method of auction or bidding under Article 33.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 50 (Establishment and Operation of Agricultural or Fishery Products Collection Centers)
(1) When it is deemed necessary to create a distribution system under which agricultural and fishery products can be shipped to mass-consumption areas, a producers' organization or a public benefit corporation may establish and operate agricultural or fishery products collection centers.
(2) The State or local governments shall cooperate in selecting proper locations and constructing a new road network to promote the efficient operation of agricultural or fishery products collection centers and to make shipping more convenient for producers.
(3) A producers' organization or a public benefit cooperation may operate an agricultural or fishery products collection center meeting facility standards for joint markets under Article 67 (2) as a joint market with approval of the competent Mayor/Do Governor, among agricultural or fishery products collection centers it operates pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 51 (Establishment, Operation, etc., of Local Distribution Centers for Agricultural and Fishery Products)
(1) The State or local governments may set up and operate a local distribution center for agricultural or fishery products or provide necessary support for securing a site or installing facilities to persons who intend to set up and operate a local distribution center for agricultural or fishery products in order to facilitate the screening, packing, standard shipping, processing, sale, etc. of agricultural or fishery products.
(2) The State or local governments may entrust a producers' organization or specialized distribution enterprise with the operation of a local distribution center for agricultural or fishery products.
(3) Matters necessary for the operation, etc. of local distribution centers for agricultural or fishery products shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 52 (Provision of Convenience of Distribution Facilities for Agricultural and Fishery Products)
Where the State or local governments receive a request from a producers' organization, the National Agricultural Cooperative Federation, the National Forestry Cooperatives Federation, the National Federation of Fisheries Cooperatives, or a public benefit corporation for the use of distribution facilities for agricultural and fishery products established by the State or local governments, they shall give priority to using such facilities and assigning an ample space, etc. <Amended by Act No. 13268, Mar. 27, 2015>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 53 (Contracts for Lump Sum Transactions)
(1) A contract for lump sum transactions (referring to a forward contract by which a producer sells agricultural products in lump sum at fields by the size of land or volume of underlying agricultural products; hereafter the same shall apply in this Article) of perishable agricultural products, such as vegetables determined by the Minister of Agriculture, Food and Rural Affairs, shall be concluded in writing. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where a purchaser fails to ship agricultural products out within 10 days from the shipping date as indicated on a written contract, the contract for lump sum transactions of such agricultural products under paragraph (1) shall be deemed cancelled on the date the relevant period expires, except as otherwise provided for in a special agreement: Provided, That the same shall not apply where the purchaser gives a written notice stating the grounds for delay and a planned shipping date before the agreed shipping date.
(3) The Minister of Agriculture, Food, and Rural Affairs may determine and disseminate a standard form of a contract for lump sum transactions under paragraph (1), and encourage the use thereof, and the parties to a contract shall enter into a contract in accordance with a standard form of a contract. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(4) When it is deemed particularly necessary to protect both producers and consumers, and stabilize prices and the supply of and demand for agricultural products, the Minister of Agriculture, Food, and Rural Affairs or the head of a local government may require parties to a contract for lump sum transactions to file a report with respect to the terms and conditions of such contract, by determining items and areas subject to such report and a period for filing such report. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER V PRICE STABILIZATION FUND FOR AGRICULTURAL PRODUCTS
 Article 54 (Establishment of Fund)
The Government shall establish the Price Stabilization Fund for Agricultural Products (hereinafter referred to as the "Fund") to secure financial resources in order to facilitate the supply of and demand for agricultural products (including livestock products and forestry products; hereafter the same shall apply in this Chapter), to promote the stabilization of prices, and to improve the distribution structure.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 55 (Raising Funds)
(1) The Fund shall consist of the following financial resources:
1. Contributions from the Government;
2. Proceeds generated from the operation of the Fund;
3. Money paid to the Fund in accordance with Articles 9-2 (3) and 16 (2) and the provisions of other Acts;
4. Contributions from other Funds.
(2) When the Minister of Agriculture, Food, and Rural Affairs deems it necessary for operating the Fund, he/she may borrow money from the Bank of Korea or other Funds, at the cost of the Fund. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 56 (Operation and Management of Fund)
(1) The Minister of Agriculture, Food, and Rural Affairs shall operate and manage the Fund according to the National Accounting Principles. <Amended by Act No. 10886, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013>
(2) Deleted. <by Act No. 7275, Dec. 31, 2004>
(3) The Minister of Agriculture, Food, and Rural Affairs may delegate or entrust some of his/her duties concerning the operation and management of the Fund to the president of the Korea Seed and Variety Service and the president of the Korea Agro-Fisheries and Food Trade Corporation, as prescribed by Presidential Decree. <Amended by Act No. 10886, Jul. 21, 2011; Act No. 10932, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013>
(4) Except as otherwise expressly provided for in this Act, matters necessary for the operation and management of the Fund shall be prescribed by Presidential Decree. <Amended by Act No. 10886, Jul. 21, 2011>
 Article 57 (Uses of Fund)
(1) If necessary, the Fund may finance and extend a loan to the following projects: <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
1. Adjustment of prices of agricultural products and the encouragement or adjustment of production or shipment;
2. Promoting export of agricultural products;
3. Storing, managing and processing agricultural products;
4. Promoting shipment, settlement of accounts for payments, operation and setting up facilities in wholesale markets, joint markets, privately-operated wholesale markets and auction-type collection centers (referring to a collection center in which agricultural or fishery products are sold by auction or bidding prescribed in Article 33 among agricultural or fishery product collection centers prescribed in Article 50);
5. Improving the marketability of agricultural products;
6. Other projects the Minister of Agriculture, Food, and Rural Affairs deems necessary for improving distribution structure, the stabilization of prices of agricultural products and the promotion of the seed industry.
(2) The Fund shall be used for the following projects: <Amended by Act No. 11350, Feb. 22, 2012; Act No. 11458, Jun. 1, 2012>
2. Projects prescribed in Articles 9, 9-2 and 13 of this Act and Article 22 of the Seed Industry Act and the management of such projects;
3. The installation, acquisition, and operation of distribution facilities managed by the Fund;
4. Support for projects for modernizing the facilities of wholesale markets;
5. Other projects necessary for improving distribution structure, stabilization of the prices of agricultural products prescribed by Presidential Decree and the promotion of the seed industry.
(3) A person who may obtain financing from the Fund prescribed in paragraph (1) shall be the National Agricultural Cooperative Federation (including Agribusiness Group of the National Agricultural Cooperative Federation and its subsidiaries), the National Forestry Cooperatives Federation and the Korea Agro-Fisheries and Food Trade Corporation, and a person who may obtain a loan shall be a person recognized by the Minister of Agriculture, Food, and Rural Affairs that he/she can efficiently implement projects falling under the subparagraphs of paragraph (1). <Amended by Act No. 10932, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12950, Dec. 31, 2014>
(4) The duties of the Minister of Agriculture, Food, and Rural Affairs concerning a loan from the Fund, may be entrusted to a person eligible to be financed by the Fund pursuant to paragraph (3). <Newly Inserted by Act No. 13354, Jun. 22, 2015>
(5) Any person who has been financed by or has obtained a loan from the Fund shall be prohibited from using such finance or loan for purposes other than prescribed purposes.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 58 (Accounting Organ of Fund)
(1) The Minister of Agriculture, Food, and Rural Affairs shall appoint a Fund revenue collection officer, a Fund financial officer, a Fund disbursing officer and a Fund accounting official from among public officials under his/her jurisdiction to perform duties concerning revenues and expenditures of the Fund. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Agriculture, Food, and Rural Affairs delegates or entrusts some of the duties concerning the operation and management of the Fund under Article 56 (3), he/she shall appoint a Fund revenue collection officer or an officer taking charge of the Fund revenue, a Fund financial officer or an officer taking charge of the causative acts of the Fund expenditure, Fund disbursing executive officer or Fund disbursing employee, and Fund accounting official or Fund accounting employees, from among the public officials or the executive officers and employees of an agency to which the said duties were delegated or entrusted, respectively. In such cases, the officer taking charge of the Fund revenue, officer taking charge of the causative acts of the Fund expenditure, Fund disbursing employee and Fund accounting employee shall perform the duties of the Fund revenue collection officer, Fund financial officer, Fund disbursing officer, and Fund accounting official, respectively. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where the Minister of Agriculture, Food, and Rural Affairs appoints a Fund revenue collection officer, a Fund financial officer, a Fund disbursing officer, a Fund accounting official, an officer taking charge of the Fund revenue, an officer taking charge of the causative acts of the Fund expenditure, a Fund disbursing employee and a Fund accounting employee under paragraphs (1) and (2), he/she shall notify the Board of Audit and Inspection, the Minister of Strategy and Finance and the Governor of the Bank of Korea thereof. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 59 (Deductible Expenses of Fund)
Where any of the following expenses is incurred, the Minister of Agriculture, Food, and Rural Affairs shall record such expenses as deductible expenses of the Fund: <Amended by Act No. 11458, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
1. Deficits that have occurred as a result of the implementation of projects under Articles 9 and 13 of this Act and Article 22 of the Seed Industry Act;
2. Interests on borrowings, and necessary expenses incurred in the operation of the Fund.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 60 (Plans for Operation of Fund)
(1) The Minister of Agriculture, Food, and Rural Affairs shall formulate a plan for operation of the Fund for each fiscal year pursuant to Article 66 of the National Finance Act. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A plan for operation of the Fund under paragraph (1) shall contain the following:
1. Matters concerning revenues and expenditure of the Fund;
2. Matters concerning purposes, eligible persons, interest rates and period of financing or lending;
3. Other matters necessary for the operation of the Fund.
(3) A period of financing under paragraph (2) 2 shall not exceed one year: Provided, That this shall not apply where it is deemed inappropriate to fix a period of financing not exceeding one year in the light of the purpose of using money, such as financing for facilities.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 60-2 (Operation of Surplus Funds)
The Minister of Agriculture, Food, and Rural Affairs may appropriate surplus funds in the Fund for any of the following purposes: <Amended by Act No. 11690, Mar. 23, 2013>
1. Deposit in banks under the Banking Act;
2. Purchase of national bonds, public bonds, and securities under Article 4 of the Financial Investment Services and Capital Markets Act.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 61 (Reports on Settlement of Accounts)
The Minister of Agriculture, Food, and Rural Affairs shall prepare a report on the financial statements of the Fund each fiscal year and submit the report to the Minister of Strategy and Finance by no later than the end of February of the following fiscal year. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER VI UPGRADES OF AGRICULTURAL AND FISHERY PRODUCTS DISTRIBUTION ORGANIZATIONS
 Article 62 (Basic Policy for Upgrades)
Where it is deemed necessary to ensure a smooth supply of and demand for agricultural and fishery products and establish order in distribution of such products, the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may formulate a basic policy for upgrading the distribution structure for agricultural and fishery products (hereinafter referred to as the "basic policy") which contains the following matters and publicly announce the basic policy: <Amended by Act No. 11690, Mar. 23, 2013>
1. Matters relating to the upgrade of wholesale market facilities, joint markets and privately-operated wholesale markets, which are deemed not to meet facility standards under Article 67 (2) or to fall short of their trade volumes;
2. Matters relating to the replacement and relocation of the facilities of wholesale markets, joint markets and privately-operated wholesale markets;
3. Matters relating to the prevention of price manipulations by intermediary wholesalers and certified auctioneers;
4. Matters relating to the establishment of a competitive service system of the distribution structure and the shortening of distribution channels to protect both producers and consumers;
5. Matters relating to the upgrades of wholesale markets whose business performance has been poor or whose operation has been suspended, and the replacement of wholesale market corporations or wholesalers at the market;
6. Matters relating to the improvements of retailers' facilities.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 63 (Upgrade Plans for Each Area)
(1) When a basic policy is publicly announced, the competent Mayor/Do Governor shall formulate and implement an upgrade plan for each area in line with the basic policy after obtaining approval from the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When details of the upgrade plan for each area referred to in paragraph (1) are deemed incompatible with the basic policy, or the upgrade plan is deemed ineffective due to a change in circumstances, the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may grant approval after partially revising or supplementing the upgrade plan. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 64 (Upgrades of Similar Wholesale Markets)
(1) When necessary to establish a fair trading order of agricultural and fishery products, the competent Mayor/Do Governor may designate a zone for similar wholesale markets to upgrade wholesale markets similar to agricultural or fishery product wholesale markets, and formulate and implement an upgrade plan to improve the transaction methods of agricultural and fishery products by wholesalers, improve facilities and relocate such similar wholesale market, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province or a Si may set up a wholesale market in a zone for similar wholesale markets according to an upgrade plan under paragraph (1), and designate wholesalers of agricultural or fishery products in such zone as a wholesale market corporation or a wholesaler at the market and permit them to engage in their business in such wholesale market. <Amended by Act No. 11349, Feb. 22, 2012>
(3) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may have the competent Mayor/Do Governor revise or supplement the details of an upgrade plan under paragraph (1), and provide support necessary for implementing such upgrade plan. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 65 (Orders to Set up or Upgrade Markets)
(1) When the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries deems it necessary for effectively implementing the basic policy, he/she may order those who set up wholesale markets, joint markets and privately-operated wholesale markets to integrate, relocate or close down their markets, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries deems it necessary to set up or restrict a wholesale market or a joint market in a specific area in order to facilitate the supply of and demand for agricultural and fishery products, he/she may recommend that a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province or a Si which has jurisdiction over such area, or an agricultural, forestry or fisheries cooperative, etc. or a public benefit corporation set up or restrict such wholesale market or joint market. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(3) The Government shall properly compensate any loss incurred by an order under paragraph (1) to a person who sets up a wholesale market, a joint market or a privately-operated wholesale market or any wholesale market corporation, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 66 (Vicarious Execution for Wholesale Market Corporation)
(1) When a wholesale market corporation is deemed unable to carry out its sales business, a person who sets up a wholesale market may vicariously carry out such business or get a management corporation or any other wholesale market corporation to vicariously carry out such business.
(2) Business process standards for any person who vicariously performs sales business of any wholesale market corporation pursuant to paragraph (1) and other matters necessary for such performance shall be determined by a person who sets up a wholesale market.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 67 (Improvements of Distribution Facilities)
(1) For the smooth distribution of agricultural or fishery products, the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may order a person who sets up a wholesale market, a joint market and a privately-operated wholesale market or any other wholesale market corporation to improve and upgrade the facilities used for sale, transportation, custody and storage of agricultural or fishery products. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Standards for the facilities installed in any wholesale market, joint market and privately-operated wholesale market shall be prescribed for each category by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries in consideration of the population and trading volume of the relevant area. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 68 (Improvements of Retail Distribution of Agricultural and Fishery Products)
(1) The Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, or the heads of local governments may formulate and implement policies to reasonably improve the retail distribution channels of agricultural or fishery products to protect both producers and consumers and establish a commercial trading order of such products. <Amended by Act No. 11690, Mar. 23, 2013>
(2) In order to implement policies under paragraph (1), the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries shall support and facilitate the intermediate wholesale and retail business of agricultural or fishery products, the direct trade business between producers and consumers, the direct sales stores of agricultural or fishery products, which are run by the producers' organizations and other organizations prescribed by Presidential Decree and the modernization of retail facilities, etc., as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14643, Mar. 21, 2017>
(3) Where retailers of agricultural or fishery products, etc. under paragraph (2) organize a cooperative to improve the distribution of agricultural or fishery products and promote their common interests, the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, or the heads of local governments may provide convenience to them when they use wholesale markets and joint markets. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 69 (Establishment of Integrated Distribution Centers)
(1) The State or a local government may establish an integrated distribution center and entrust the operation thereof to a producers' organization or a specialized distribution business.
(2) The State or a local government may provide assistance necessary for securing a site and installing facilities to any person who intends to establish an integrated distribution center.
(3) The Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, or the head of a local government may recommend that any operator of an integrated distribution center improve operational methods and services he/she renders to farmers and fishermen who put their agricultural or fishery products on such center for sale and that any user of such center observe user guide for the purpose of making integrated distribution centers efficiently function. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where any person who operates an integrated distribution center under paragraph (1) and any other person who operates an integrated distribution center after getting assistance under paragraph (2) fail to comply with the recommendation given under paragraph (3), the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, or the head of a local government may order him/her to take measures necessary to improve his/her operational methods and services he/she renders to farmers and fishermen who put their agricultural or fishery products on such center, etc. for sale for a fixed period. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Matters necessary for setting up any integrated distribution center and the facilities and operating such center shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 70 (Incorporation of Subsidiary Distribution Company)
(1) Where it is necessary for the promotion of efficient distribution of agricultural or fishery products, an agricultural, forestry or fisheries cooperative, etc. may incorporate a separate company (hereinafter referred to as "subsidiary distribution company") that operates an integrated distribution center and a joint market in he wholesale market, and carries out distribution business.
(2) Any subsidiary distribution company referred to in paragraph (1) shall be a company incorporated under the Commercial Act.
(3) The State or a local government may provide necessary support for the smooth operation of subsidiary distribution companies.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 70-2 (Promotion, etc. of Electronic Commerce involving Agricultural and Fishery Products)
(1) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may have the Korea Agro-Fisheries and Food Trade Corporation and an institution prescribed by Presidential Decree which has business experience and expertise in trading of agricultural and fishery products conduct the following affairs in order to promote electronic commerce involving agricultural or fishery products: <Amended by Act No. 10932, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12509, Mar. 24, 2014>
1. Establishment, operation, and management of an electronic commerce center for agricultural and fishery products (including electronic commerce equipment for agricultural and fishery products, and incidental facilities, such as a logistics center);
2. Registration, examination and administration of sellers and buyers participating in electronic commerce involving agricultural and fishery products;
3. Support for the operation of the Dispute Mediation Committee on Electronic Commerce involving Agricultural and Fishery Products under Article 70-3;
4. Operation and management of an office for settlement of accounts to support making payments;
5. Providing distribution information service about electronic commerce involving agricultural and fishery products;
6. Other affairs necessary for electronic commerce involving agricultural and fishery products.
(2) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may render necessary support for revitalizing the electronic commerce involving agricultural and fishery products within budgetary limits. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Except as expressly provided for in paragraphs (1) and (2), matters necessary for electronic commerce involving agricultural and fishery products, such as trading items, trading commission, and methods of settlement, shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 70-3 (Establishment of Dispute Mediation Committee on Electronic Commerce involving Agricultural and Fishery Products)
(1) The Dispute Mediation Committee on Electronic Commerce involving Agricultural and Fishery Products (hereafter referred to as the "Dispute Mediation Committee" in this Article) shall be established within the Korea Agro-Fisheries and Food Trade Corporation and an institution under the main sentence of Article 70-2 (1) in order to mediate disputes concerning electronic commerce involving agricultural and fishery products under Article 70-2 (1). <Amended by Act No. 10932, Jul. 25, 2011; Act No. 12509, Mar. 24, 2014>
(2) The Dispute Mediation Committee shall be comprised of nine members, including a chairperson, and its members shall be appointed or commissioned by the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries, and the chairperson shall be elected from among its members. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Except as expressly provided for in paragraphs (1) and (2), matters necessary for the organization and operation of the Dispute Mediation Committee, such as qualifications for and term of office of its members, exclusion, challenge and abstention of its members, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 71 Deleted. <by Act No. 8178, Jan. 3, 2007>
 Article 72 (Promotion of Distribution Informatization)
(1) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries shall support projects related to the informatization of distribution of agricultural and fishery products to contribute to enhancing the distribution efficiency of agricultural and fishery products through the smooth collection, processing and propagation of distribution information. <Amended by Act No. 11690, Mar. 23, 2013>
(2) In order to promote informatization projects under paragraph (1), the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may directly upgrade information infrastructure, provide education for informatization, and implement publicity projects, or provide support necessary therefor. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 73 (Financial Support)
The Government may provide a person who sets up a wholesale market, a joint market and a privately-operated wholesale market with loans or subsidies within budgetary limits to improve the distribution structure of agricultural and fishery products and to develop distribution establishments.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 74 (Maintenance of Order in Transactions)
(1) No person shall violate the normal trade in the wholesale market and the standards for using facilities determined and publicly announced by a person who sets up a wholesale market, or undermine the proper maintenance of sanitation and environment. In such cases, a person who sets up a wholesale market shall take measures necessary to maintain order in transactions at the wholesale market.
(2) The Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, Do Governor or a person who sets up a wholesale market may have officials under his/her control crack down on any person violating this Act, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Any official in charge of cracking down on any offence under paragraph (2) shall carry an indication indicating his/her authority and present it to interested persons.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 75 (Education and Training, etc.)
(1) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may provide education and training for certified auctioneers, intermediary wholesalers, etc. or other persons engaged in distribution prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries to facilitate improving the distribution of agricultural and fishery products. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may entrust education and training referred to in paragraph (1) to institutions prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 76 (Investigations of Actual Status, etc.)
When the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries deems it necessary to efficiently operate and manage a wholesale market, he/she may have any corporation, etc. prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries investigate the actual status of such wholesale market or guide such wholesale market with respect to its operation and management. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 77 (Conducting Assessment)
(1) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries shall gather consensus from persons who set up wholesale markets and then assess the operation and management, such as the improvement of a transaction system and logistics system of the relevant wholesale market, and the business management, such as the business performance and financial soundness of wholesale market corporations, joint markets in the wholesale market and wholesalers at the market. In such cases, persons who set up wholesale markets shall submit data necessary for the assessment to the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 12509, Mar. 24, 2014>
(2) A person who sets up a wholesale market may assess business management, such as the business performance and financial soundness of intermediary wholesalers. <Amended by Act No. 12509, Mar. 24, 2014>
(3) Any person who sets up a wholesale market may take measures, such as the adjustment of an area used for facilities and differential support, against wholesale market corporations, wholesalers at the market and intermediary wholesalers, based upon the results of assessments under paragraphs (1) and (2), the scale of facilities, the volume of business, etc. <Amended by Act No. 12509, Mar. 24, 2014>
(4) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may issue orders or make recommendations as follows to a person who sets up a wholesale market according to the results of assessment under paragraph (1): <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12509, Mar. 24, 2014>
1. Corrective orders in response to underperformance;
2. Recommendations to entrust the management of a lackluster wholesale market to the management corporation or the Korea Agro-Fisheries and Food Trade Corporation;
3. Orders to take measures, such as the adjustment of an area used for facilities and differential support, against wholesale market corporations, wholesalers in the market and joint markets in the wholesale market.
(5) Matters necessary for assessments and submission of data referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12509, Mar. 24, 2014>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 78 (Establishment of Market Management and Operation Committee)
(1) For the efficient operation and management of a wholesale market, a person who sets up the wholesale market shall establish a market management and operation committee (hereinafter referred to as "committee") under his/her control. <Amended by Act No. 10886, Jul. 21, 2011>
(2) Deleted. <by Act No. 9178, Dec. 26, 2008>
(3) The committee shall deliberate on the following matters: <Amended by Act No. 10886, Jul. 21, 2011>
1. Matters concerning the selection of trade systems and methods in the wholesale market;
2. Matters concerning the determination of various expenses, such as fees, user fees, loading and unloading charges, etc.;
3. Matters concerning the safety improvement and the promotion of standardization of goods put on the wholesale market for sale;
4. Matters concerning the establishment of trade order in the wholesale market;
5. Matters concerning standards for the methods of trading agricultural or fishery products, such as transactions at a fixed price and free transactions;
6. Matters concerning the determination of standards on minimum shipping volume;
7. Other matters that a person who sets up the wholesale market deems particularly necessary.
(4) Matters necessary for the organization, operation, etc. of a committee shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10886, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013>
 Article 78-2 (Establishment, etc. of Dispute Mediation Committee on Transactions at Wholesale Markets)
(1) A dispute mediation committee on transactions at wholesale markets (hereinafter referred to as "mediation committee") shall be established under the control of a person who sets up a wholesale market in order to mediate the matters concerning the parties to the trade of agricultural and fishery products within the wholesale market.
(2) A mediation committee shall deliberate on and mediate the following disputes upon request by either or both of the parties:
1. Disputes concerning decision on a successful bidder;
2. Disputes concerning the price of successful bidding;
3. Disputes concerning the payment of trade cost;
4. Other disputes that a person who sets up a wholesale market deems particularly necessary.
(3) Matters necessary for the composition and operation of a mediation committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 79 (Reporting)
(1) The Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may have a person who sets up a wholesale market, joint market or privately-operated wholesale market report its assets and the current status of business management, and have a wholesale market corporation report its assets and the current status of business management when he/she deems particularly necessary for the stabilization of prices and supply of and demand for agricultural and fishery products. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(2) A person who sets up a wholesale market, joint market or privately-operated wholesale market may have a wholesale market corporation or wholesaler in the market report matters entered in the books of account and details of transactions, etc., and have an intermediary wholesaler or local distributor report the current status of the management of business when he/she deems particularly necessary for the stabilization of prices and supply of and demand for agricultural and fishery products.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 80 (Inspections)
(1) The Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor or a person who sets up a wholesale market may have public officials under his/her control inspect the business of wholesale markets, joint markets, privately-operated wholesale markets and wholesale market corporations, and the books of accounts and the financial standing related thereto, as prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(2) Where a person who sets up a wholesale market deems it necessary, he/she may have employees under the control of the market manager inspect the books of accounts kept by wholesale market corporations and wholesalers in the market.
(3) Article 74 (3) shall apply mutatis mutandis to public officials who conduct inspections pursuant to paragraph (1) and employees who conduct inspections pursuant to paragraph (2).
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 81 (Orders)
(1) When deemed necessary to properly operate any wholesale market, joint market and privately-operated wholesale market, the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries or a Mayor/Do Governor may order a person who sets up a wholesale market, a joint market and a privately-operated wholesale market to amend business regulations, improve the conduct of business and take other necessary measures. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, or a person who sets up a wholesale market may order wholesale market corporations and wholesalers in the market to take measures necessary for improvement in conducting business and maintaining order in the market. <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Agriculture, Food, and Rural Affairs may order any person who has been financed by or obtained a loan from the Fund to take necessary measures for oversight purposes. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 82 (Cancellation of Permission, etc.)
(1) Where a person who sets up a local wholesale market (only applicable where a Si sets up the local wholesale market) or a privately-operated wholesale market falls under any of the following, the competent Mayor/Do Governor may cancel permission to set up such market, close down the relevant facilities, or take other necessary measures: <Amended by Act No. 11349, Feb. 22, 2012>
1. Where a person sets up a local wholesale market or a privately-operated wholesale market or amends the business regulations without permission or approval granted under the proviso to Article 17 (1), Article 17 (5), or 47 (1) and (3);
2. Where a person who sets up a local wholesale market or a privately-operated wholesale market operates such market contrary to the business regulations and an operation and management plan submitted pursuant to Articles 17 (3) and 47 (2);
3. Where a person who sets up a local wholesale market or a privately-operated wholesale market violates an order issued under Article 40 (3) or 81 (1).
(2) Where a wholesale market corporation, a wholesaler at the market, or a person who sets up a joint market in the wholesale market (hereinafter referred to as "wholesale market corporation, etc.") falls under any of the following, the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor or a person who sets up a wholesale market may issue an order to suspend the relevant business for a fixed period not exceeding six months or cancel the designation of or approval therefor: <Amended by Act No. 11690, Mar. 23, 2013>
1. When it violates the conditions of designation or approval;
2. When it offers livestock products not labeled on the market for sale, in violation of Article 35 (4) of the Livestock Industry Act;
3. When it engages in a competing wholesale business or an intermediate wholesale business, in violation of Article 23 (2);
4. When it fails to meet any of the requirements for designation, in violation of Article 23 (3) 5 or (4), or fails to dismiss the relevant executive officer, in violation of paragraph (5) of the same Article;
5. When it fails to employ at least the specified number of certified auctioneers or requests a person who is not a certified auctioneer to conduct auction, in violation of Article 27 (1);
6. When it fails to dismiss the relevant certified auctioneer, in violation of Article 27 (3);
7. When it engages in business as a local distributor, in violation of Article 29 (2);
8. When it sells agricultural or fishery products at wholesale it has purchased, in violation of Article 31 (1);
9. Deleted; <by Act No. 12509, Mar. 24, 2014>
10. When it conducts auction or bidding, in violation of Article 33 (1);
11. When it sells agricultural or fishery products to a person other than a designated person, in violation of Article 34;
12. When it sells agricultural or fishery products in a place other than wholesale markets or concurrently operates business with the sale of agricultural or fishery products, in violation of Article 35;
13. When it fails to give public notice or publicly announces false information, in violation of Article 35-2;
14. When it fails to meet any of the requirements for designation, in violation of Article 36 (2) 5, or fails to dismiss the relevant executive officer, in violation of paragraph (3) of the same Article;
15. When it engages in any restricted or prohibited conduct, in violation of the proviso to Article 37 (1);
16. When it sells agricultural or fishery products to a wholesale market corporation or an intermediary wholesaler of the relevant wholesale market, in violation of Article 37 (2);
17. When it refuses or avoids consignment or sale, or accords unfavorable treatment to traders, in violation of Article 38;
18. When it fails to pay standard loading and unloading charges prescribed in Article 40 (2);
19. When it fails to make all payments without delay, in violation of Article 41 (1);
20. When it makes payment contrary to the method stipulated under Article 41 (2);
21. When it collects fees, etc. in violation of Article 42;
22. When it fails to meet any of the standards for use of facilities or fails to comply with any measure taken by a person who sets up the wholesale market, in violation of Article 74 (1);
23. When it fails to undergo an inspection conducted under Article 80 without any justifiable ground, or interferes with such inspections;
24. When it fails to comply with an order to take measures issued by a person who sets up the wholesale market prescribed in Article 81 (2);
25. Where it violates any order issued by the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, or a person who sets up the wholesale market prescribed in paragraph (4).
(3) Where it is apprehended to cause serious harm to the safety of shippers when the performance of operation during an assessment conducted under Article 77 has fallen below the standards prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries, a person who sets up a wholesale market may revoke the designation of the wholesale market corporation or wholesaler at the market, and the competent Mayor/Do Governor may revoke approval for the joint wholesale market. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where a certified auctioneer falls under any of the following cases, the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, or a person who sets up the wholesale market may have the wholesale market corporation or a person who sets up the joint wholesale market issue an order to suspend business for a period not exceeding six months or to be removed from office to the relevant certified auctioneer: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13354, Jun. 22, 2015>
1. Where the certified auctioneer erroneously determines the priority of auctions for agricultural or fishery products put on the market for sale, intentionally or by gross negligence;
2. Where the certified auctioneer erroneously evaluates prices of agricultural or fishery products put on the market for sale, intentionally or by gross negligence;
3. Where the certified auctioneer erroneously determines any successful bidder for agricultural or fishery products put on the market for sale, intentionally or by gross negligence.
(5) Where an intermediary wholesaler (only applicable to an intermediary wholesaler prescribed in Articles 25 and 46; hereinafter the same shall apply) or local distributor falls under any of the following, a person who sets up a wholesale market may order him/her to suspend the relevant business for a fixed period not exceeding six months, or cancel permission for intermediate wholesale business or the registration of the local distributor: <Amended by Act No. 11349, Feb. 22, 2012; Act No. 12509, Mar. 24, 2014>
1. When he/she fails to meet any of the requirements for permission, in violation of Article 25 (3) 1 through 4 or 6, or fails to dismiss the relevant executive officer, in violation of paragraph (4) of the same Article (including cases applied mutatis mutandis pursuant to Article 46 (2));
2. When he/she interferes with the participation of another intermediary wholesaler or trade participant in trade or fails to participate in collective auction or bidding without any good cause, in violation of Article 25 (5) 1 (including cases applied mutatis mutandis pursuant to Article 46 (2));
2-2. When he/she has a third party engage in intermediary wholesale business by using his/her name or trade name, or lends a third party his/her license for intermediary wholesale business, in violation of Article 25 (5) 2 (including cases applied mutatis mutandis pursuant to Article 46 (2));
3. When he/she engages in the business of a local distributor in the relevant wholesale market, in violation of Article 29 (2);
4. When he/she sells, purchases, or brokers the trade of, agricultural or fishery products, in violation of Article 29 (4);
5. When he/she trades agricultural or fishery products, other than those put on the market for sale without permission, in violation of Article 31 (2) (including cases applied mutatis mutandis pursuant to Article 46 (2));
6. When an intermediary wholesaler sells agricultural or fishery products in a place other than the wholesale market, in violation of Article 31 (3) (including cases applied mutatis mutandis pursuant to Article 46 (2));
6-2. When an intermediary wholesaler trades agricultural or fishery products with another intermediary wholesaler, in violation of Article 31 (5) (including cases applied mutatis mutandis pursuant to Article 46 (2));
7. When he/she collects fees, etc., in violation of Article 42 (including cases applied mutatis mutandis pursuant to Article 46 (2));
8. When he/she fails to meet any of the standards for use of facilities or fails to comply with measures taken by a person who sets up the wholesale market, in violation of Article 74 (1);
9. When he/she fails to undergo an inspection conducted under Article 80 without good cause or interferes with such inspection.
(6) The criteria for punishment against each offense provided for in paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(7) Where a person who sets up a wholesale market has cancelled permission for intermediary wholesale business pursuant to paragraph (5), he/she shall post a notice of the details thereof on the Internet website designated and announced by the Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries. <Newly Inserted by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 83 (Penalty Surcharges)
(1) Where the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or a person who sets up a wholesale market intends to issue an order to suspend business to a wholesale market corporation, etc. falling under Article 82 (2) or an intermediary wholesaler falling under Article 82 (5), he/she may impose a penalty surcharge not exceeding 100 million won on such wholesale market corporation or not exceeding ten million won on such intermediary wholesaler in substitution for the suspension of business when the suspended business is feared to cause great inconveniences to the customers, etc. of such business or harm the public interest. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where a penalty surcharge is imposed pursuant to paragraph (1), the following matters shall be considered:
1. Details and degree of violations;
2. Period and frequency of violations;
3. Scale of gains obtained through violations.
(3) The criteria for imposing penalty surcharges prescribed in paragraph (1) shall be prescribed by Presidential Decree.
(4) Where a person liable to pay a penalty surcharge prescribed in paragraph (1) fails to do so by a payment deadline, the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or a person who sets up a wholesale market shall issue a reminder, for a fixed payment deadline of not less than 10 days nor more than 15 days, within 15 days after the lapse of the payment deadline. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13354, Jun. 22, 2015>
(5) Where a person who has received a reminder prescribed in paragraph (4) fails to pay a penalty surcharge by the payment deadline, the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or a person who sets up a wholesale market shall cancel the disposition of imposing a penalty surcharge prescribed in paragraph (1); and then take a disposition of suspending the relevant business prescribed in Article 82 (2) or (5) or collect the penalty surcharge in the same manner as delinquent national taxes are collected or pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue. <Newly Inserted by Act No. 13354, Jun. 22, 2015>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 84 (Hearings)
When the Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or a person who sets up a wholesale market intends to take any of the following measures, he/she shall hold a hearing: <Amended by Act No. 11690, Mar. 23, 2013>
1. Cancellation of approval for or designation of a wholesale market corporation, etc. under Article 82 (2) and (3);
2. Cancellation of permission for intermediary wholesale business or registration of a local distributor under Article 82 (5).
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 85 (Delegation of Authority, etc.)
(1) The Minister of Agriculture, Food, and Rural Affairs or the Minister of Oceans and Fisheries may delegate part of his/her authority under this Act to the Administrator of the Korea Forest Service, the competent Mayor/Do Governor or the heads of agencies under his/her jurisdiction, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12138, Dec. 30, 2013>
(2) A person who sets up a wholesale market may entrust the following authority to a market manager, as prescribed by Presidential Decree:
1. Registration of a local distributor under Article 29 (including cases applied mutatis mutandis pursuant to Article 46 (3)) and prohibition against and limitations on access to any wholesale market and other necessary measures;
2. Orders issued to any wholesale market corporation, wholesaler at the market, intermediary wholesaler, or local distributor to file a report under Article 79 (2).
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER VIII PENALTY PROVISIONS
 Article 86 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding twenty million won: <Amended by Act No. 11349, Feb. 22, 2012; Act No. 14643, Mar. 21, 2017>
1. A person who uses agricultural products for any purpose other than that described in the application for recommendation of import he/she has filed under Article 15 (3);
1-2. A person who sets up a local wholesale market or privately-operated wholesale market for wholesaling agricultural and fishery products without obtaining permission required under Article 17 or 47 in the area where a wholesale market had been set up or in the jurisdiction of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si where a joint market or privately-operated wholesale market had been set up;
2. A person who engages in business as a wholesale market corporation without obtaining designation under Article 23 (1) or after the expiration of the period of validity of designation;
3. A person who engages in business as an intermediary wholesaler without obtaining permission required under Article 25 (1) or permission for renewal required under paragraph (7) of the same Article (including where the provisions governing permission or permission for renewal are applied mutatis mutandis in accordance with Article 46 (2));
4. A person who engages in business as a local distributor without filing for registration under Article 29 (1) (including cases applied mutatis mutandis pursuant to Article 46 (3));
5. A person who sells agricultural or fishery products at a place other than a wholesale market, in violation of Article 35 (1), or concurrently engages in another business with the sale of agricultural or fishery products, in violation of paragraph (4) of the same Article;
6. A person who engages in business as a wholesaler in the wholesale market without obtaining designation under Article 36 (1) or after the expiration of the period of validity of designation;
7. A person who sets up a joint market without having obtained approval under Article 43 (1);
8. A person who continues to engage in business though he/she has been ordered to suspend business under Article 82 (2) or (5).
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 87 Deleted. <by Act No. 14643, Mar. 21, 2017>
 Article 88 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 11349, Feb. 22, 2012; Act No. 12509, Mar. 24, 2014>
1. Deleted; <by Act No. 11349, Feb. 22, 2012>
2. A person who acquires by transfer, or merges with another wholesale market corporation, in violation of Article 23-2 (1) (including cases applied mutatis mutandis pursuant to Article 25-2 or 36-2);
3. A person who interferes with the participation of another intermediary wholesaler or trade participant in trade, in violation of Article 25 (5) 1 (including cases applied mutatis mutandis pursuant to Article 46 (2)), or fails to participate in collective auction or bidding without just cause;
3-2. A person who causes a third party to engage in intermediary wholesale business by using his/her name or trade name, or lends a third party his/her license for intermediary wholesale business, in violation of Article 25 (5) 2 (including cases applied mutatis mutandis pursuant to Article 46 (2));
4. A person who appoints or dismisses a certified auctioneer, in violation of Article 27 (2) and (3);
5. A person who engages in business as a local distributor, in violation of Article 29 (2) (including cases applied mutatis mutandis pursuant to Article 46 (3));
6. A person who sells, purchases, or brokers the trade of agricultural or fishery products in addition to shipment, in violation of Article 29 (4) (including cases applied mutatis mutandis pursuant to Article 46 (3));
7. A person who purchases agricultural or fishery products or is consigned by deception, in violation of Article 31 (1), or trades agricultural or fishery products other than those put on the market for sale, in violation of Article 31 (2) (including cases applied mutatis mutandis pursuant to Article 46 (1) or (2));
7-2. A person who trades agricultural or fishery products with another intermediary wholesaler, in violation of Article 31 (5) (including cases applied mutatis mutandis pursuant to Article 46 (2));
8. A person who trades consigned agricultural or fishery products, in violation of restrictions or prohibition under the proviso to Article 37 (1);
9. A person who sells agricultural or fishery products to a wholesale market corporation or intermediary wholesaler in the relevant wholesale market, in violation of Article 37 (2);
10. A person who collects money, such as fees, in violation of Article 42 (1) (including cases applied mutatis mutandis pursuant to Article 31 (3), the main sentence of Article 45, Article 46 (1) and (2), 48 (5), or the main sentence of paragraph (6) of the same Article);
11. A person who violates an order to take necessary measures under Article 69 (4).
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 89 (Joint Penalty Provisions)
When the representative of a corporation or an agent, employee or other servant of a corporation or individual commits an offence under Articles 86 and 88 in connection with the business of the corporation or individual, not only shall such violator be punished, but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where the corporation or individual has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation. <Amended by Act No. 14643, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 9178, Dec. 26, 2008]
 Article 90 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding ten million won: <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
1. A person who violates an order to adjust distribution under Article 10 (2);
2. A purchaser who makes a false indication as a standard form contract while using a form contract contrary to the standard form contract referred to in Article 53 (3) or uses the name of the Ministry of Agriculture, Food, and Rural Affairs or the mark thereof.
(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 11349, Feb. 22, 2012>
1. A purchaser who enters into a contract for lump sum transactions not in writing, in violation of Article 53 (1);
2. A person who evades the crackdown under Article 74 (2);
3. A person who fails to submit a report under Article 79 (1) or submits a false report.
(3) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended by Act No. 11349, Feb. 22, 2012>
1. A person who fails to report the appointment or dismissal of a certified auctioneer, in violation of Article 27 (4);
2. A person who refuses or interferes with measures, such as restrictions on access to a wholesale market or joint market, in violation of Article 29 (5) (including cases applied mutatis mutandis pursuant to Article 46 (3));
3. A person who makes shipment (including where he/she makes shipment in the name of a third party), in violation of restrictions on shipment under Article 38-2 (2);
3-2. A seller who enters into a contract for lump sum transactions not in writing, in violation of Article 53 (1);
4. A person who violates normal trade in a wholesale market and standards for use of facilities, or interferes with the maintenance of proper sanitation and environment, in violation of the former part of Article 74 (1) (excluding a wholesale market corporation, a wholesaler at a market, a person who sets up a joint market in a wholesale market, and an intermediary wholesaler);
5. A person who fails to submit a report under Article 79 (2) (excluding a report to a person who sets up a joint market or privately-operated wholesale market) or submits a false report;
6. A person who violates an order under Article 81 (3).
(4) The Minister of Agriculture, Food, and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si shall impose and collect administrative fines under paragraphs (1) through (3), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
 Article 91 Deleted. <by Act No. 9178, Dec. 26, 2008>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on June 1, 2000: Provided, That the same shall not apply to the following cases:
1. The provisions of Articles 13, 54, and 57 shall respectively enter into force on the dates of promulgation of the respective Articles;
2. The portion to which the main text of Article 41 (2) is applied mutatis mutandis, from among Article 31 (3), and the provisions of Article 40 (2) shall enter into force on January 1, 2002;
3. Matters concerning the posting of market wholesalers in any central wholesale market under the main text of Article 22 may enter into force on the date prescribed by Presidential Decree within the limit of two years beginning January 1, 2004 taking into account the trade system and the upgrades of facilities in the central wholesale market and the operation records of local wholesale markets.
Article 2 (Transitional Measures concerning Management of Wholesale Market by Local Corporation and Public-Invested Corporation)
Any local corporation established under the Local Public Enterprises Act and any public-invested corporation which is entrusted by the opener of a wholesale market to manage the wholesale market under the former provisions at the time when this Act enters into force shall be deemed to be designated as a market manager under Article 21 (1).
Article 3 (Transitional Measures concerning Collectors)
Any collector who has registered himself with the opener of any wholesale market under the former provisions at the time when this Act enters into force shall be deemed to register himself as a local distributor under Article 29 (1) (including the case where the provisions are applied mutatis mutandis under Articles 44 (3) and 46 (3)).
Article 4 (Transitional Measures concerning Physical Distribution Center for Agricultural and Fishery Products)
Any physical distribution center for agricultural and fishery products established under the former provisions at the time when this Act enters into force shall be deemed an integrated distribution center for agricultural and fishery products established under Article 69.
Article 5 (Transitional Measures concerning Association of Wholesale Market Corporations for Agricultural and Fishery Products)
(1) The Association of Wholesale Market Corporations for Agricultural and Fishery Products established under the former provisions of Article 38 (hereafter in this Article referred to as the "Association") at the time when this Act enters into force shall, when the Association files a report with respect to the succession of its status after going through a resolution of a general meeting with the competent authority, be deemed an incorporated association established under Article 32 of the Civil Act.
(2) The Association shall make a registration of dissolution immediately after filing a report under paragraph (1) to make a registration of the establishment of an incorporated association deemed to be established under paragraph (1).
(3) In cases of paragraph (1), the assets, rights and obligations of the Association shall be succeeded by the incorporated association which is deemed to be established under the same paragraph.
Article 6 (Transitional Measures concerning Local Agricultural Cooperatives, etc.)
From among the provisions of subparagraph 5 of Article 2, Articles 5 (2), 6 (1) and 9 (3), local agricultural cooperatives, local livestock cooperatives and businessand item-cooperatives and the National Agricultural Cooperatives Federation shall be deemed agricultural cooperatives, livestock cooperatives, ginseng cooperatives and their national federation until the day preceding the date on which the Agricultural Cooperatives Act with Act No. 6018 is enforced.
Article 7 (Transitional Measures concerning Penalty Provisions)
The application of the penalty provisions to any act committed prior to the enforcement of this Act shall be governed by the former provisions.
Article 8 Omitted.
Article 9 (Relations with Other Acts)
Where the provisions of the former Act on Distribution and Price Stabilization of Agricultural and Fishery Products are cited by other Acts at the time when this Act enters into force and this Act has provisions falling under the cited provisions, the relevant provisions of this Act shall be deemed to be cited by other Acts.
ADDENDA <Act No. 6699, May 13, 2002>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) Omitted.
ADDENDA <Act No. 6836, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7275, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005.
Article 2 (Transitional Measures following Change in Name of Fund)
The former Agricultural and Fishery Product Price Stabilization Fund at the time of enforcement of this Act shall be deemed the Agricultural Product Price Stabilization Fund provided for in the amended provisions of Article 54.
Article 3 (Transitional Measures following Transfer of Fund in Fishery Sector)
(1) The Fishery Development Fund that is established in accordance with Article 22 of the Special Act on Assistance to Fishers, etc. and Development of Fisheries following the Conclusion of Fisheries Agreement shall take over credits and debts as well as other rights and obligations, with the exception of the facility fund from among the inventory assets, credits and debts of the fishery sector in the Agricultural and Fishery Product Price Stabilizing Fund that is operated and managed by the Minister of Agriculture and Forestry in accordance with the former provisions of Article 56 at the time of enforcement of this Act.
(2) The amount that is transferred in accordance with paragraph (1) shall be the book value on the date preceding the date on which this Act is enforced.
(3) The credits that are transferred to the Fishery Development Fund under paragraph (1) shall be deemed loaned out to the National Federation of Fisheries Cooperatives or the Agriculture and Fishery Marketing Corporation under the terms of objectives, interest rates and period, etc., which are provided for in Article 60 (2) 2, in accordance with Article 25 of the Special Act on Assistance to Fishers, etc. and Development of Fisheries following the Conclusion of Fisheries Agreement.
Article 4 Omitted.
Article 5 (Relations with Other Acts)
Where other Acts cite the former Agricultural Product Price Stabilization Fund at the time of enforcement of this Act, the Agricultural Product Price Stabilization Fund under the amended provisions of Article 54 shall be deemed to be cited.
ADDENDA <Act No. 7311, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation, (the latter part omitted).
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8107, Dec. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8135, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8178, Jan. 3, 2007>
(1) (Enforcement Date) This Decree shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 30, subparagraphs 2 through 4 of Article 38 and Article 38-2 shall enter into force on January 1, 2009.
(2) (Transitional Measures concerning Penalty Provisions and Administrative Fines) The former penalty provisions and provisions of administrative fines shall apply to an activity committed before this Act enters into force.
ADDENDA <Act No. 8354, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9178, Dec. 26, 2008>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Entrustment of Test Administration) The amended provisions of Article 27-2 (2) shall begin applying to the first examination of certified auctioneers publicly announced after this Act enters into force.
ADDENDA <Act No. 9759, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9954, Jan. 25, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10522, Mar. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on March 2, 2012. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Act No. 10885, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 10886, Jul. 21, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Restrictions on Shipment as Result of Safety Examination) The amended provisions of the latter part of Article 38-2 (2) shall begin to apply from the first safety examination conducted after this Act enters into force.
ADDENDA <Act No. 10932, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11349, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions (only applicable to part on a Special Self-Governing City or the Mayor of a Special Self-Governing City) of subparagraphs 2, 3, 5 and 6 of Article 2, Article 17 (1) and (4) and the proviso to paragraph (6) of the same Article, Articles 47 (1), 64 (2), 65 (2) and subparagraph 1 of Article 86 shall enter into force on July 1, 2012.
Article 2 (Applicability to Designation of Wholesale Market Corporation Established in Central Wholesale Market)
The amended provisions of Article 23 (1) shall apply from the first wholesale market corporation designated after this Act enters into force.
Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
When penalty provisions and administrative fines are applied to an act performed before this Act enters into force, the former provisions shall apply thereto.
ADDENDA <Act No. 11350, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11458, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12059, Aug. 13, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12138, Dec. 30, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12509, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 25 (5) 2, 82 (5) 2-2 and subparagraph 3-2 of Article 88 shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
A person for whom the effects of adjudication of incompetence or quasi-incompetence are maintained under Article 2 of the Addenda to the Civil Act (Act No. 10429) shall be deemed included in incompetent persons under adult guardianship and quasi-incompetent persons under limited guardianship under the amended provisions of Articles 23 (3) 3, 25 (3) 1, 27 (2) 1, and 36 (2) 3.
ADDENDA <Act No. 12950, Dec. 31, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 13131, Feb. 3, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13268, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 13354, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 42-3 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Exemption from Over-concentration Charges, for Buildings Constructed for Projects for Modernizing Facilities of Agricultural and Fishery Products Wholesale Markets)
The exemption from over-concentration charges referred to in the amended provisions of Article 42-3, shall also apply to any buildings constructed for a project for modernizing the relevant facilities before the same amended provisions enter into force: Provided, That the same shall not apply to over-concentration charges already paid.
Article 3 (Transitional Measures concerning Collection of Penalty Surcharges)
Notwithstanding the amended provisions of Article 83 (4) and (5), the former provisions shall apply to the collection of penalty surcharges imposed under the former provisions before this Act enters into force.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That amendments to Articles 6 (2) and 12 (1) (referring to the provisions amended pursuant to Article 9 (1) of the Addenda to the Fishery Products Distribution Management and Support Act (Act No. 13268)), in Article 4 (58) of the Addenda, shall enter into force on March 28, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13385, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14290, Dec. 2, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 9 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14643, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 47 (5) and (6) shall enter into force on the date of their promulgation, and the amended provisions of Article 25 (2) and (7) and subparagraph 3 of Article 86 shall enter into force three months after the date of their promulgation.
Article 2 (Applicability concerning Permission Processing Period for Setting-up Privately-Operated Wholesale Markets)
The amended provisions of Article 47 (5) and (6) shall begin to apply from the first application for permission to set up a privately-operated wholesale market filed after the said amended provisions enter into force.