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ACT ON THE PROMOTION OF SCIENCE AND TECHNOLOGY FOR FOOD, AGRICULTURE, AND FORESTRY

Act No. 14505, Dec. 27, 2016

Amended by Act No. 15344, Jan. 16, 2018

 Article 1 (Purpose)
The purpose of this Act is to ensure an efficient development and use of food, agricultural, and forest resources by laying the groundwork for the development of science and technology for food, agriculture, and forestry and taking measures to foster such science and technology in a systematic manner, thereby contributing to the sound development of the agriculture, forestry, and food industries and the improvement of the national standard of living. <Amended by Act No. 14505, Dec. 27, 2016>
 Article 2 (Definitions)
(1) The terms used in this Act shall be defined as follows: <Amended by Act No. 9717, May 27, 2009; Act No. 13383, Jun. 22, 2015; Act No. 14505, Dec. 27, 2016>
1. The term "science and technology for food, agriculture, and forestry" means science and technology related to the production or use of agricultural products or foods, such as improving varieties, cultivating, raising, farming, collecting, transporting, processing, developing products, distributing, or consuming such;
2. The term "agriculture and forestry" means agriculture referred to in subparagraph 1 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry, and industries related to agriculture and forestry which are prescribed by Presidential Decree;
3. The term "food industry" means such industry as defined in subparagraph 8 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry.
(2) Terms which are not defined specifically in this Act shall be governed by the Framework Act on Agriculture, Rural Community and Food Industry. <Amended by Act No. 9717, May 27, 2009; Act No. 13383, Jun. 22, 2015; Act No. 14505, Dec. 27, 2016>
 Article 3 (Obligations of State and Local Governments)
The State and local governments shall formulate and implement comprehensive policies on science and technology for food, agriculture, and forestry with a view to facilitating an efficient development and use of food, agricultural, and forest resources and enhancing the competitiveness of the agriculture, forestry and food industries. <Amended by Act No. 14505, Dec. 27, 2016>
 Article 4 (Relationship with other Acts)
The fostering of science and technology for food, agriculture, and forestry shall be governed by this Act, except as otherwise provided for in other Acts, such as the Framework Act on Science and Technology and the Agricultural Community Development Promotion Act. <Amended by Act No. 10483, Mar. 29, 2011; Act No. 14505, Dec. 27, 2016>
 Article 5 (Comprehensive Plans to Promote Science and Technology for Food, Agriculture, and Forestry)
(1) The Minister of Agriculture, Food and Rural Affairs shall formulate a comprehensive plan every five years to promote science and technology for food, agriculture, and forestry (hereinafter referred to as "comprehensive plan") after consultation with the heads of the relevant central administrative agencies and deliberation by the Science and Technology Commission of Food, Agriculture and Forestry established under Article 5-2, with a view to promoting science and technology for food, agriculture, and forestry. In such cases, the comprehensive plan shall be subject to deliberation by the Presidential Advisory Council on Science and Technology established under Article 9 (1) of the Presidential Advisory Council on Science and Technology Act. <Amended by Act No. 10831, Jul. 14, 2011; Act No. 11691, Mar. 23, 2013; Act No. 11713, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016; Act No. 15344, Jan. 16, 2018>
(2) The comprehensive plan shall include the following matters: <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
1. Current status and prospects of science and technology for food, agriculture, and forestry;
2. Development direction and objectives of science and technology for food, agriculture, and forestry;
3. Analysis of conditions for science and technology for food, agriculture, and forestry in Korea and abroad, or measures to enhance the competitiveness thereof;
4. Strategy to develop core technologies of science and technology for food, agriculture, and forestry;
5. Mid-and long-term investment plans to foster science and technology for food, agriculture, and forestry;
6. Measures to distribute or commercialize the outcomes of science and technology for food, agriculture, and forestry;
7. Other matters deemed necessary for promoting science and technology for food, agriculture, and forestry by the Minister of Agriculture, Food and Rural Affairs.
(3) The Minister of Agriculture, Food and Rural Affairs shall formulate and pursue an annual implementation plan (hereinafter referred to as "implementation plan") in accordance with the comprehensive plan after deliberation by the Science and Technology Commission of Food, Agriculture and Forestry established under Article 5-2. <Amended by Act No. 10831, Jul. 14, 2011; Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(4) Deleted. <by Act No. 10831, Jul. 14, 2011>
(5) Matters necessary for the formulation and execution of comprehensive plans and implementation plans shall be prescribed by Presidential Decree.
 Article 5-2 (The Science and Technology Commission of Food, Agriculture, and Forestry)
(1) The Science and Technology Commission of Food, Agriculture, and Forestry shall be established under the jurisdiction of the Minister of Agriculture, Food and Rural Affairs to deliberate on the following matters, which are related to the development and fostering of science and technology for food, agriculture, and forestry: <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
1. Matters concerning comprehensive plans and implementation plans;
2. Matters concerning the formulation of major policies and coordination thereof for the promotion of science and technology for food, agriculture, and forestry;
3. Matters concerning the evaluation of research and development projects on science and technology for food, agriculture, and forestry;
4. Matters concerning the investment direction of budgets for science and technology for food, agriculture, and forestry;
5. Matters concerning the management of achievements in science and technology for food, agriculture, and forestry;
6. Other matters the chairperson deems necessary to refer to the Committee for deliberation.
(2) Matters necessary for the composition and operation of the Science and Technology Commission of Food, Agriculture and Forestry under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
[This Article Newly Inserted by Act No. 10831, Jul. 14, 2011]
 Article 6 (Promotion of Research and Development Projects)
(1) The Government shall conduct research and development projects on science and technology for food, agriculture, and forestry (hereinafter referred to as "research and development projects") to efficiently promote comprehensive plans as well as implementation plans. <Amended by Act No. 14505, Dec. 27, 2016>
(2) When the Minister of Agriculture, Food and Rural Affairs conducts a research and development project, he/she may select research subjects for each field on a yearly basis, and direct any of the following institutions, organizations, etc. to conduct research, after concluding an agreement therewith. In such cases, the Minister of Agriculture, Food and Rural Affairs may conclude an agreement with the representative of a corporation with which an non-corporate institution which falls under subparagraph 5 is affiliated: <Amended by Act No. 11691, Mar. 23, 2013; Act No. 11874, Jun. 12, 2013; Act No. 14505, Dec. 27, 2016>
1. National or public research institutes;
3. Government-funded research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. or government-funded science and technology research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;
5. Corporate research institutes which meet the standards prescribed by Presidential Decree;
6. Corporate research institutes incorporated under the Civil Act or other Acts;
7. Other research institutes or organizations in the field of science and technology for food, agriculture, and forestry, which are prescribed by Presidential Decree.
(3) The Minister of Agriculture, Food and Rural Affairs may pay contributions to institutions, organizations, etc. which conduct research under paragraph (2) to promote research and development projects. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(4) The Minister of Agriculture, Food and Rural Affairs may require the institutions or organizations referred to in paragraph (2) to conduct any of the following projects. In such cases, he/she may provide subsidies to cover all or part of the expenses incurred in conducting such projects, within budgetary limits: <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
1. Specialized education and training for human resources in technological development;
2. Collection, analysis and distribution of information on science and technology for food, agriculture, and forestry in Korea and abroad;
3. Other projects deemed necessary for fostering science and technology for food, agriculture, and forestry by the Minister of Agriculture, Food and Rural Affairs.
(5) Matters necessary for the methods of selecting research subjects and concluding agreements under paragraph (2), and the payment, use, or management of contributions under paragraph (3) shall be prescribed by Presidential Decree.
 Article 7 (Collection and Use of Royalties)
(1) The Minister of Agriculture, Food and Rural Affairs may collect royalties from persons who intend to use, transfer, rent or export the findings of research conducted under Article 6 (2), as prescribed by Presidential Decree: Provided, That the Minister may exempt such royalties fully or partially, in cases prescribed by Presidential Decree, such as where farmers use the findings of research. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(2) Deleted. <by Act No. 14505, Dec. 27, 2016>
(3) Matters necessary for the collection and management of royalties under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 14505, Dec. 27, 2016>
 Article 8 (Establishment of the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, and Forestry)
(1) The Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, and Forestry (hereinafter referred to as the "IPET") shall be established in order to efficiently support the planning, management and evaluation of research and development projects to promote science and technology for food, agriculture, and forestry. <Amended by Act No. 14505, Dec. 27, 2016>
(2) The IPET shall be a juristic person.
(3) The IPET shall come into existence upon registering its establishment at the seat of its principal office.
(4) The IPET shall conduct the following projects: <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
1. Support for the planning, management, evaluation, etc. of research and development projects on science and technology for food, agriculture, and forestry: Provided, That no evaluation of research and development projects by an office belonging to the Ministry of Agriculture, Food and Rural Affairs shall be overlapped with an evaluation conducted under the Act on the Performance Evaluation and Management of National Research and Development Projects, Etc;
2. Support for the formulation of comprehensive plans and implementation plans;
3. Support for projects referred to in Article 6 (4);
4. Execution of projects related to the examination of technology capacity referred to in Article 15;
5. Other projects related to the promotion of science and technology for food, agriculture, and forestry, which are entrusted by the Government.
(5) The Government may provide contributions or subsidies to cover all or part of the expenses incurred in establishing or operating the IPET within budgetary limits.
(6) The provisons concerning incorporated foundations of the Civil Act shall apply mutatis mutandis to the IPET, except as otherwise provided for in this Act.
 Article 9 (Formulation of Classification System of Science and Technology for Food, Agriculture, and Forestry)
(1) The Minister of Agriculture, Food and Rural Affairs shall formulate a classification system of science and technology for food, agriculture, and forestry and shall continue to supplement and develop such system so as to efficiently manage information, human resources, or research and development projects concerning science and technology for food, agriculture, and forestry. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(2) Matters necessary for formulating the classification system under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
 Article 9-2 (Collection, Analysis, and Promotion of Dissemination of Information about Science and Technology for Food, Agriculture, and Forestry)
(1) To foster science and technology for food, agriculture, and forestry, the Minister of Agriculture, Food and Rural Affairs may formulate and implement related policies to effectively collect, analyze and disseminate the following information: <Amended by Act No. 14505, Dec. 27, 2016>
1. Information about technological developments, such as information about technological development tasks, information about technology transfers, patent information, and information about domestic and international technology trends, in the fields of food, agriculture, and forestry;
2. Information about the current status of supply of and demand for scientific and technological human resources by industry, region, and gender in the fields of food, agriculture, and forestry;
3. Information about research equipment, etc. in the fields of food, agriculture, and forestry;
4. Other information necessary to foster science and technology for food, agriculture, and forestry, which are prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(2) The Minister of Agriculture, Food and Rural Affairs may entrust an institution or organization prescribed by Presidential Decree to conduct affairs according to the policies under paragraph (1), and may provide subsidies to cover the expenses incurred in conducting such affairs, if necessary to effectively collect, analyze, and disseminate information prescribed in the subparagraphs of paragraph (1). <Amended by Act No. 14505, Dec. 27, 2016>
[This Article Newly Inserted by Act No. 11874, Jun. 12, 2013]
 Article 10 (Surveys on On-Site Demand for Science and Technology for Food, Agriculture, and Forestry)
(1) The Minister of Agriculture, Food and Rural Affairs may conduct surveys on on-site demand so as to discover, develop and distribute science and technology for food, agriculture, and forestry in high demand in the fields ranging from the production to the consumption of agricultural products or food. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(2) Matters necessary for the details, methods, procedures, etc. of the surveys on on-site under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
 Article 11 (Support for Civil Technology Development)
(1) The Minister of Agriculture, Food and Rural Affairs shall endeavor to facilitate the technology development by private enterprises with regard to science and technology for food, agriculture, and forestry, and encourage them to share and jointly use it. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(2) The Minister of Agriculture, Food and Rural Affairs may work out and implement measures including financial support to encourage private companies to share and jointly utilize technology. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
 Article 12 (Promotion of Science and Technology for Food, Agriculture, and Forestry by Local Governments)
(1) The heads of local governments shall formulate and implement policies necessary to facilitate the development and commercialization of science and technology for food, agriculture, and forestry, which are tailored to each local characteristic. <Amended by Act No. 14505, Dec. 27, 2016>
(2) When formulating policies under paragraph (1), the heads of local governments shall consult in advance with the heads of the relevant central administrative agencies and the heads of agencies belonging thereto.
(3) The Minister of Agriculture, Food and Rural Affairs may support the promotion of technology development and commercialization led by local governments under paragraph (1), technology innovation of local research or supervision institutions concerning foods, agriculture, and forestry and strengthening of the research capacity thereof. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
 Article 12-2 (Certification of New Technology, etc.)
(1) The Minister of Agriculture, Food and Rural Affairs may certify exceptional science and technology for food, agriculture, and forestry which is first developed in the Republic of Korea, or which is improved or adapted from existing technology in an innovative manner as new technology for food, agriculture, and forestry (hereinafter referred to as "new technology"). <Amended by Act No. 14505, Dec. 27, 2016>
(2) New technology prescribed under paragraph (1) shall be certified for a specified period of validity, and such period of validity may be extended, where necessary.
(3) Any person who intends to obtain new technology certification, or extend the period of validity of certification pursuant to paragraph (1) or (2) shall file an application with the Minister of Agriculture, Food and Rural Affairs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 14505, Dec. 27, 2016>
(4) Where the Minister of Agriculture, Food and Rural Affairs certifies science and technology for food, agriculture, and forestry, as new technology after examining and evaluating an application filed pursuant to paragraph (3), he/she shall issue a certificate of new technology, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and shall publicly announce such certification, etc. in the Official Gazette, or via the information and communications network designated by the Minister of Agriculture, Food and Rural Affairs. <Amended by Act No. 14505, Dec. 27, 2016>
(5) The Minister of Agriculture, Food and Rural Affairs may require a person who intends to obtain new technology certification or an extension of the period of validity of certification pursuant to paragraph (3) to bear expenses incurred in examining the relevant application, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 14505, Dec. 27, 2016>
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), subject matter of certification, criteria and procedures for certification, the period of validity of certification, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11874, Jun. 12, 2013]
 Article 12-3 (Indication of New Technology Certification)
(1) A person who has obtained new technology certification pursuant to Article 12-2 (4) may apply a new technology certification mark to a product manufactured using the new technology, or to the packaging, containers, and promotional materials of such product along with a mark indicating the part to which new technology is applied, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 14505, Dec. 27, 2016>
(2) No mark referred to in paragraph (1), or similar mark shall be applied to any product, packaging, promotional materials, etc. thereof, or publicity (including publicity by electronic means, including Internet; hereinafter the same shall apply) of any product has not been manufactured using a new technology.
[This Article Newly Inserted by Act No. 11874, Jun. 12, 2013]
 Article 12-4 (Revocation of New Technology Certification)
(1) Where a new technology certified pursuant to Article 12-2 (1) falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs may revoke the relevant new technology certification: Provided, That he/she shall revoke such certification where a certified new technology falls under subparagraph 1: <Amended by Act No. 14505, Dec. 27, 2016>
1. Where the new technology is certified by fraudulent or other illegal means;
2. Where a critical defect in quality or performance is found in a product manufactured using the new technology (only applicable to the new technology that has an inherent critical defect);
3. Where the new technology infringes the rights of third persons, such as intellectual property rights.
(2) Procedures for, and methods of revocation of certification under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11874, Jun. 12, 2013]
 Article 13 (Promotion of Commercialization of New Technology, etc. and Production Using New Technology, etc.)
(1) The Minister of Agriculture, Food and Rural Affairs shall formulate supportive policies, such as for funding, in order to promote the commercialization, or production of products using new technology certified under Article 12-2 (1), and other technologies in the field of science and technology for food, agriculture, and forestry, deemed to have superior industrial applicability. <Amended by Act No. 14505, Dec. 27, 2016>
(2) The selection of technologies eligible for support under paragraph (1), and other matters necessary for providing support shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11874, Jun. 12, 2013]
 Article 14 (Promoting Transfer of Outcomes of Technology Development)
(1) The Minister of Agriculture, Food and Rural Affairs shall endeavor to ensure that the outcomes of research and development projects are promptly transferred to private companies and farmers so that it can be industrialized or made available in the fields. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(2) Where the head of a relevant central administrative agency or the head of an institution belonging thereto promotes projects for technology transfer or industrialization alone or in cooperation with a local government, the Minister of Agriculture, Food and Rural Affairs shall provide necessary funds to him/her, so as to facilitate technology transfer and industrialization and spread the outcomes of research and development projects. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
 Article 15 (Promotion of Projects for Examination of Technology Capacity)
(1) The Minister of Agriculture, Food and Rural Affairs may, in order to promote the innovation and industrialization of science and technology for food, agriculture, and forestry, examine the technology development capacity and development system of institutions, organizations and enterprises which develop science and technology for food, agriculture, and forestry (hereafter in this Article referred to as "examination of technology capacity") and may conduct projects to improve the technology development capacity and development system. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(2) Matters necessary for the methods, procedures, etc. for the examination of technology capacity shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
 Article 16 (Technology Impact Assessment and Evaluation of Technology Level)
(1) The Minister of Agriculture, Food and Rural Affairs may conduct a prior assessment of the impact of development of new science and technology for food, agriculture, and forestry on the agriculture, forestry and food industries (hereafter in this Article referred to as "technology impact assessment"), and reflect the outcomes thereof in policies. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(2) The Minister of Agriculture, Food and Rural Affairs shall conduct an evaluation of the level of core technology (hereafter in this Article referred to as "evaluation of technology level") and shall formulate and implement policies to improve such technology level, so as to promote the development of science and technology for food, agriculture, and forestry. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(3) Matters necessary for the scope, procedures, etc. of technology impact assessment and evaluation of technology level shall be prescribed by Presidential Decree.
 Article 17 (Cooperative Projects Including International Joint Research)
(1) The Minister of Agriculture, Food and Rural Affairs may conduct any of the following projects, in cooperation with the governments of foreign countries, international organizations related to food, agriculture, and forestry, and research and development institutions or organizations, so as to develop science and technology for food, agriculture, and forestry and promote the development of related technologies. In such cases, the Minister of Agriculture, Food and Rural Affairs may have Korean research and development institutions or organizations concerned, etc. take part in the relevant projects: <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
1. International joint research on science and technology for food, agriculture, and forestry;
2. Sharing of information and technology development concerning science and technology for food, agriculture, and forestry;
3. Other matters deemed necessary for promoting science and technology for food, agriculture, forestry and fisheries by the Minister of Agriculture, Food and Rural Affairs.
(2) The Minister of Agriculture, Food and Rural Affairs may provide necessary support to relevant research and development institutions and organizations which jointly take part in projects under the latter part of the main sentence of paragraph (1) within budgetary limits. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
 Article 18 (Cooperation on Science and Technology for Food, Agriculture, and Forestry between South and North Korea)
The Minister of Agriculture, Food and Rural Affairs may formulate policies to activate technology cooperation and exchanges between South and North Koreas and promote any of the following projects, after holding consultations with the heads of the relevant central administrative agencies: <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
1. Joint development of science and technology for food, agriculture, and forestry by South and North Koreas;
2. Exchanges of human resources of science and technology for food, agriculture, and forestry between South and North Koreas and joint training and education;
3. Establishment of a cooperative foundation for science and technology for food, agriculture, and forestry by South and North Koreas, including the standardization thereof;
4. Other projects deemed necessary by the Minister of Agriculture, Food and Rural Affairs to promote the cooperation and exchanges of science and technology for food, agriculture, forestry and fisheries between South and North Koreas.
 Article 19 (Rewards)
The Minister of Agriculture, Food and Rural Affairs may select individuals, organizations, companies, etc. which have made significant contributions to the promotion of science and technology for food, agriculture, and forestry and grant rewards to them. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
 Article 19-2 (Hearings)
The Minister of Agriculture, Food and Rural Affairs shall hold a hearing before he/she revokes new technology certification pursuant to Article 12-4. <Amended by Act No. 14505, Dec. 27, 2016>
[This Article Newly Inserted by Act No. 11874, Jun. 12, 2013]
 Article 20 (Delegation or Entrustment of Authority)
(1) Part of the authority of the Minister of Agriculture, Food and Rural Affairs under this Act may be delegated to the head of an affiliated organization, the Administrator of the Rural Development Administration or the Minister of the Korea Forest Service, as prescribed by Presidential Decree: Provided, That the authority under Article 12 (3) shall be delegated to them. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
(2) Part of the authority of the Minister of Agriculture, Food and Rural Affairs under this Act may be entrusted to the heads of institutions or organizations which perform duties to promote science and technology for food, agriculture, and forestry, as prescribed by Presidential Decree. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
 Article 21 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Executive officers or employees of institutions or organizations which perform duties entrusted by the Minister of Agriculture, Food and Rural Affairs under Article 20 (2) shall be deemed public officials with regard to the relevant duties, when penalty provisions under Articles 129 through 132 of the Criminal Act are applied. <Amended by Act No. 11691, Mar. 23, 2013; Act No. 14505, Dec. 27, 2016>
 Article 22 (Penalty Provisions)
(1) A person who obtains new technology certification under Article 12-2 (1) by fraudulent or other illegal means shall be punished by imprisonment with labor for up to three years, or by a fine not exceeding 30 million won.
(2) A person who applies a new technology certification mark or similar mark, or publicizes new technology certification, in violation of Article 12-3 (2), shall be punished by a fine not exceeding five million won.
[This Article Newly Inserted by Act No. 11874, Jun. 12, 2013]
 Article 23 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, employee, or other servant of the corporation or an individual commits an offence under Article 22 in connection with the business affairs of the corporation or the individual, not only shall such offender be punished, but the corporation or individual also shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
[This Article Newly Inserted by Act No. 11874, Jun. 12, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparation of Establishment)
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall appoint seven or less promoters within 30 days after the promulgation of this Act, so as to deal with affairs concerning the establishment of the IPET.
(2) Promoters shall prepare the articles of incorporation of the IPET and receive authorization therefor from the Minister for Food, Agriculture, Forestry and Fisheries after affixing their names and seals or signatures.
(3) Promoters shall without delay register the incorporation of the IPET by joint signature, when they receive authorization under paragraph (2).
(4) When the head of the IPET is appointed, promoters shall without delay transfer their administrative affairs to him/her.
(5) Promoters shall be deemed dismissed, when the transfer of administrative affairs is completed under paragraph (4).
Article 3 (Transitional Measures concerning Property, Rights, Duties and Employees)
(1) Property managed by the Agricultural Research and Development Promotion Center attached to the Korea Rural Economic Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. (hereinafter referred to as the "Agricultural Research and Development Promotion Center"), and rights and duties of the Korea Rural Economic Institute, which belong to the Agricultural Research and Development Promotion Center, as at the time this Act enters into force, shall be succeeded to by the IPET on the date the incorporation thereof is registered.
(2) Employees of the Agricultural Research and Development Promotion Center as at the time this Act enters into force shall be deemed appointed as the employees of the IPET on the date the incorporation of the IPET is registered.
ADDENDA <Act No. 9717, May 27, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation (Proviso Omitted).
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10483, Mar. 29, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) Omitted.
ADDENDA <Act No. 10831, Jul. 14, 2011>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Applicability concerning Procedures for Formulation of Comprehensive Plans, etc.) The amended provisions of Article 5 shall begin to apply from the first comprehensive plan or implementation plan formulated on and after this Act enters into force.
(3) (Transitional Measures concerning the Committee of Science and Technology for Food, Agriculture, Forestry and Fisheries) The Committee of Science and Technology for Food, Agriculture, Forestry and Fisheries which has been established pursuant to the former Enforcement Decree of the Act on the Promotion of Science and Technology for Food, Agriculture, Forestry and Fisheries as at the time this Act enters into force shall be construed as the Committee of Science and Technology for Food, Agriculture, Forestry and Fisheries established pursuant to this Act.
ADDENDA <Act No. 11691, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Conclusion of Agreements, etc.)
Agreements concluded and other acts done by the Minister for Food, Agriculture, Forestry and Fisheries, and acts done to him/her in accordance with the former provisions as at the time this Act enters into force shall be construed as acts done by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, or acts done to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, respectively, in accordance with the amended provisions of this Act.
Article 3 (Transitional Measures concerning Comprehensive Plans and Implementation Plans)
A comprehensive plan or an implementation plan for the promotion of science and technology for food, agriculture, forestry and fisheries formulated in accordance with the former provisions as at the time this Act enters into force shall be deemed a comprehensive plan or implementation plan under the amended provisions of Article 5 until the comprehensive plan or implementation plan is formulated in accordance with the amended provisions of the said Article.
Article 4 (Transitional Measures concerning Science and Technology Commission of Food, Agriculture, Forestry and Fisheries)
The Committee of Science and Technology for Food, Agriculture, Forestry, Fisheries established in accordance with the former provisions as at the time this Act enters into force shall be deemed the Science and Technology Commission of Food, Agriculture and Forestry established in accordance with the amended provisions of Article 5-2.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11874, Jun. 12, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Exceptional Practical Technology)
The former provisions shall apply to technology discovered as exceptional practical technology pursuant to the former provisions of Article 13 as at the time 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. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14505, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, Forestry and Fisheries)
(1) The Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, Forestry and Fisheries established under the former Article 8 (1) (hereinafter referred to as the "Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, Forestry and Fisheries") as at the time this Act enters into force shall be deemed the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, and Forestry under the amended provisions of Article 8 (1) (hereinafter referred to as the "Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, and Forestry").
(2) All property, rights, and obligations vested in the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, Forestry and Fisheries shall be universally succeeded to by the Corporation, and the name of the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, Forestry and Fisheries entered in the register regarding its property, rights, and obligations and any other public registers shall be deemed the name of the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, and Forestry.
(3) The value of the property to which the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, and Forestry succeeds pursuant to paragraph (2) shall be the book value as of the date preceding the date this Act enters into force.
(4) Acts performed by the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, Forestry and Fisheries before this Act enters into force shall be deemed acts performed by the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, and Forestry, and acts done in relation to the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, Forestry and Fisheries shall be deemed acts done in relation to the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, and Forestry.
(5) The executive officers and employees of the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, Forestry and Fisheries as at the time this Act enters into force shall be deemed the executive officers and employees of the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, and Forestry. In such cases, the term of office of the executive officers shall be the remainder of the term of office specified in the articles of association of the Korea Institute of Planning and Evaluation for Technology of Food, Agriculture, Forestry and Fisheries.
Article 3 (Transitional Measures concerning Penalty Provisions)
The former penalty provisions shall apply to violations that occur before this Act enters into force.
ADDENDA <Act No. 15344, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.