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KIMCHI INDUSTRY PROMOTION ACT

Act No. 10884, Jul. 21, 2011

Amended by Act No. 10885, Jul. 21, 2011

Act No. 11459, jun. 1, 2012

Act No. 11690, Mar. 23, 2013

Act No. 13020, Jan. 20, 2015

Act No. 13383, jun. 22, 2015

Act No. 13402, Jul. 20, 2015

Act No. 15382, Feb. 21, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to increasing the income of farmers and fishermen and to developing national economy by strengthening the competitiveness of the kimchi industry, promoting the globalization of kimchi and increasing the added value of agriculture and fisheries by prescribing matters necessary for the promotion of the kimchi industry, such as quality improvement of kimchi, inheritance and development of kimchi-related culture.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 13383, Jun. 22, 2015>
1. The term "kimchi" means food made by using vegetables, such as Chinese cabbage, as its main ingredients and following the process of pickling with salt and mixing with seasoning, which is presented as it is or after fermentation;
2. The term "main ingredients" means ingredients indicating the characteristics of kimchi products (where ingredients are of many kinds, referring to not more than three ingredients in the order of ingredients high in percentage in the final product);
3. The term "kimchi ingredients" means ingredients used to make kimchi, such as Chinese cabbage, white radish, red pepper powder, garlic, ginger, scallion, salt, and salted fish;
4. The term "kimchi industry" means an industry of producing, processing, manufacturing, cooking, packing, keeping, transporting or selling kimchi, which is prescribed by Presidential Decree;
5. The term "kimchi business entity" means a person engaged in economic activities relating to the kimchi industry;
6. The term "farmers and fishermen" means farmers prescribed in subparagraph 2 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry and fishermen prescribed in subparagraph 3 of Article 3 of the Framework Act on Fishers and Fishing Villages Development.
 Article 3 (Relationship with other Acts)
Except as otherwise provided in other Acts, this Act shall apply to the promotion of the kimchi industry.
CHAPTER II LAYING FOUNDATION FOR PROMOTION OF KIMCHI INDUSTRY
 Article 4 (Establishment of Master Plans)
(1) In order to promote the kimchi industry and to inherit and develop kimchi-related culture, the Minister of Agriculture, Food and Rural Affairs shall establish and implement a master plan for promotion of the kimchi industry (hereinafter referred to as "master plan") every five years. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A master plan shall include the following matters:
1. Basic directions for the promotion of the kimchi industry;
2. Matters concerning the development, dissemination, etc. of technologies relating to the kimchi industry;
3. Matters concerning standardization and improvement of the quality of kimchi;
4. Matters concerning the stable supply and demand of kimchi and kimchi ingredients;
5. Matters concerning fostering of specialized manpower relating to kimchi;
6. Matters concerning strengthening connections among the kimchi industry, agriculture and fisheries;
7. Matters concerning the promotion of consumption of kimchi and support for distribution thereof;
8. Matters concerning the inheritance and development of kimchi-related culture;
9. Matters concerning publicity for the globalization of kimchi;
10. Other matters prescribed by Presidential Decree.
(3) Where the Minister of Agriculture, Food and Rural Affairs intends to establish or modify a master plan, he/she shall consult in advance with the heads of relevant central administrative agencies: Provided, That where he/she intends to modify any minor matter prescribed by Presidential Decree, he/she may omit the consultation. <Amended by Act No. 11690, Mar. 23, 2013>
(4) A master plan prescribed in paragraph (1) shall be finalized after deliberation by the Food Industry Promotion Council prescribed in Article 5 of the Food Industry Promotion Act. In such cases, the Minister of Agriculture, Food and Rural Affairs shall notify the heads of relevant central administrative agencies of the finalized master plan. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Where necessary for the establishment of a master plan, the Minister of Agriculture, Food and Rural Affairs may request the heads of relevant central administrative agencies to submit data. In such cases, the heads of relevant central administrative agencies shall submit data except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013>
(6) The Minister of Agriculture, Food and Rural Affairs shall establish and implement an implementation plan every year in accordance with a master plan. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 5 (Prior Deliberation)
The Minister of Agriculture, Food and Rural Affairs shall cause the following matters to undergo prior deliberation by the Food Industry Promotion Council prescribed in Article 5 of the Food Industry Promotion Act: <Amended by Act No. 11690, Mar. 23, 2013>
1. Matters concerning the establishment of the master plan;
2. Matters concerning the selection of representative kimchi products;
3. Matters concerning the quality certification of kimchi;
4. Other matters regarding which deliberation is requested by the Minister of Agriculture, Food and Rural Affairs in relation to the promotion of the kimchi industry.
 Article 6 (Support for Management Improvement)
(1) The Minister of Agriculture, Food and Rural Affairs may implement a policy to support management improvement for kimchi business entities, such as the procurement of kimchi ingredients, improvement of facilities, market development, and expert consultation. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for kimchi business entities eligible for support, details of support, etc. prescribed in paragraph (1) shall be prescribed by Presidential Decree.
 Article 7 (Strengthening Connections with Agriculture and Fisheries)
(1) The Minister of Agriculture, Food and Rural Affairs may establish and implement a supply and demand plan for a stable supply, and promotion of consumption, of agricultural or marine products used as kimchi ingredients. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where a producers’ organization under subparagraph 4 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry and subparagraph 5 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development (hereinafter referred to as "producers’ organization") and an organization established pursuant to Article 18 or a kimchi business entity promote a project to strengthen connections with agriculture and fisheries, such as joint purchase and contract farming, for a stable procurement of kimchi ingredients, the Minister of Agriculture, Food and Rural Affairs may provide necessary support. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13383, Jun. 22, 2015>
 Article 8 (Research and Development of Production Technology, etc.)
(1) The Minister of Agriculture, Food and Rural Affairs may request research and development concerning the quality improvement, packing, preservation and production technology of kimchi, production machinery, etc. (hereinafter referred to as "production technology, etc.") to specialized research institutes, etc., and implement measures necessary to promote industrialization of production technology, etc. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs may subsidize persons who conduct the research and development of production technology, etc. and persons who intend to commercialize the production technology, etc. that have been researched and developed for the expenses necessary therefor. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 9 (Statistical Surveys)
(1) For the efficient establishment of a policy necessary for the promotion of the kimchi industry and for the smooth supply and demand of kimchi ingredients, the Minister of Agriculture, Food and Rural Affairs may conduct a statistical survey concerning the production, distribution, consumption, etc. relating to the kimchi industry. In such cases, relevant provisions of the Statistics Act shall apply mutatis mutandis to the preparation of statistics. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When deemed necessary for conducting a statistical survey, the Minister of Agriculture, Food and Rural Affairs may request the heads of relevant central administrative agencies, local governments, and public agencies, enterprisers in the relevant industry or the head of the organization established under Article 18 to provide necessary data and information. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The heads of relevant central administrative agencies, etc. who have been requested to provide data and information pursuant to paragraph (2) shall provide data and information except in extenuating circumstances.
(4) Matters necessary for conducting a statistical survey, etc. prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER III PROMOTION OF REVITALIZATION OF KIMCHI INDUSTRY
 Article 10 (Promotion of Research, Pilot Projects, etc.)
The Minster of Agriculture, Food and Rural Affairs may implement measures for the promotion of the kimchi industry, such as research and pilot projects for, among others, development of species of farm products for kimchi ingredients and quality improvement of kimchi, revival of traditional kimchi, provision of education and training for farmers and fishermen producing kimchi ingredients, and expert consultation on management. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 11 (Education and Training)
(1) In order to promote the kimchi industry and to inherit and develop kimchi-related culture, the State and local governments may directly provide education and training to spread and hand down production technology, etc. to consumers or persons engaged in relevant fields or entrust such duties to institutions or organizations.
(2) The Minister of Agriculture, Food and Rural Affairs may designate an institution or organization with the facilities, manpower, etc. appropriate for education and training under paragraph (1) as an education and training institution. <Amended by Act No. 11690, Mar. 23, 2013>
(3) When the Minister of Agriculture, Food and Rural Affairs provides education and training under paragraph (1) on an entrustment basis, he/she may provide necessary support within budgetary limits. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Matters necessary for the designation, operation, etc. of education and training institutions under paragraph (2) shall be prescribed by Presidential Decree.
 Article 12 (Fostering of Specialized Manpower)
(1) The Minister of Agriculture, Food and Rural Affairs may foster specialized manpower necessary to spread production technology, etc. for the revitalization of the kimchi industry and for the spread of food culture harmonious with kimchi. <Amended by Act No. 11690, Mar. 23, 2013>
(2) In order to foster specialized manpower prescribed in paragraph (1), the Minister of Agriculture, Food and Rural Affairs may designate and manage an institution or organization with appropriate facilities and manpower, such as university and research institution, as a specialized manpower fostering institution. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Agriculture, Food and Rural Affairs may subsidize specialized manpower fostering institutions designated pursuant to paragraph (2) for the expenses necessary for fostering manpower within budgetary limits, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where a specialized manpower fostering institution falls under any of the following, the Minister of Agriculture, Food and Rural Affairs may cancel designation, or suspend all or part of its business for a fixed period of not more than six months: Provided, That in cases falling under subparagraph 1, he/she shall cancel designation: <Newly Inserted by Act No. 13020. Jan. 20, 2015>
1. Where the institution has obtained designation by fraud or other improper means;
2. Where the institution has performed its duties in violation of matters based upon which designation was granted;
3. Where the institution no longer complies with the standards for designation of specialized manpower fostering institutions under paragraph (6).
(5) The Minister of Agriculture, Food and Rural Affairs shall hold a hearing if it intends to cancel designation of any specialized manpower fostering institution pursuant to paragraph (4). <Newly Inserted by Act No. 13020. Jan. 20, 2015>
(6) Matters necessary for the standards and procedures for designation or cancellation of designation, and the operation, etc., of specialized manpower fostering institutions shall be prescribed by Presidential Decree. <Amended by Act No. 13020, Jan. 20, 2015>
 Article 13 (World Institute of Kimchi)
(1) The State shall establish a World Institute of Kimchi (hereinafter referred to as the "Kimchi Institute") as prescribed by the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes in order to uplift the status of Korea as the originating country of Kimchi, to research and exhibit kimchi and to allow people to experience kimchi-making, etc.
(2) The State and local governments may provide expenses necessary for the establishment and the efficient operation and management of the Kimchi Institute within budgetary limits.
 Article 14 (Support for Kimchi Distribution Centers, etc.)
The State and local governments may provide necessary support to a person who establishes and operates a kimchi distribution center or kimchi store in order to promote packing, shipment of standard products, publicity and sale, etc. of kimchi within budgetary limits, as prescribed by Presidential Decree.
 Article 15 (Hosting Fairs)
(1) In order to improve the quality of kimchi, to enhance the competitiveness of kimchi and to select and foster representative products, the Minister of Agriculture, Food and Rural Affairs may hold a kimchi fair. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for holding, operating, etc. of a fair prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 16 (Revival, Inheritance and Development of Traditional Kimchi)
(1) In order to revive, inherit and develop traditional kimchi, the State and local governments may provide necessary support to individuals or organizations who revive or inherit the production technology of traditional kimchi within budgetary limits, as prescribed by Presidential Decree.
(2) The Minister of Agriculture, Food and Rural Affairs shall promote the standardization of traditional kimchi in order to revive, inherit and develop traditional kimchi. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Article 20 of the Food Industry Promotion Act shall apply mutatis mutandis to the basis of standardization of traditional kimchi prescribed in paragraph (2), method of indication, etc.
 Article 17 (Promotion of Globalization, etc.)
(1) In order to foster the kimchi industry, to raise the export competitiveness of kimchi and to revitalize entry into overseas markets, the State and local governments may provide necessary support to individuals or organizations who publicize the representative products of kimchi selected under Article 15 or open up overseas markets.
(2) The Minister of Agriculture, Food and Rural Affairs shall promote the international standardization of kimchi to improve the quality of kimchi and to promote international trade. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 18 (Establishment of Trade Organization)
(1) For the development of the kimchi industry, kimchi business entities may establish a trade organization after obtaining authorization from the Minister of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The trade organization prescribed in paragraph (1) (hereinafter referred to as "trade organization") shall be a corporation, and matters necessary for the articles of incorporation of, and the guidance, supervision and operation of and support for the trade organization shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. Jul. 20, 2015>
(3) The trade organization may conduct the following projects: <Amended by Act No. 11690, Mar. 23, 2013>
1. Projects for the inheritance and development of kimchi-related culture, such as the spread of food culture harmonious with kimchi;
2. Projects for the quality improvement of kimchi;
3. Projects of research and study concerning the direction of development of the kimchi industry;
4. Projects to raise competitiveness of the kimchi industry and to increase the mutual interests of members;
5. Projects to strengthen connections among the kimchi industry, agriculture and fisheries;
6. Other projects prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs deemed necessary for the promotion and development of the kimchi industry.
(4) Except as provided in this Act, the provisions of the Civil Act governing incorporated association shall apply mutatis mutandis to matters concerning the trade organization.
 Article 19 (Support for Accumulation of Self-Help Fund for Kimchi)
(1) Where the trade organization creates and operates a self-help fund to expand market for kimchi, to control the demand and supply and to stabilize price, the Minister of Agriculture, Food and Rural Affairs may provide subsidies out of the agricultural product price stabilization fund prescribed in Article 54 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for methods of creating a self-help fund and standards for subsidizing under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
 Article 20 (Inheritance, Development, etc. of Kimchi-Related Culture)
(1) The State, local governments and the trade organization shall endeavor to inherit and develop kimchi-related culture.
(2) The State and local governments may provide necessary support to organizations performing activities for the inheritance and development of kimchi-related culture as prescribed in paragraph (1) within budgetary limits.
 Article 21 (Quality Certification)
In order to improve the quality of kimchi, to encourage its production and to protect consumers, the Minister of Agriculture, Food and Rural Affairs may certify the quality of kimchi as prescribed in Article 22 of the Food Industry Promotion Act. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 22 (Improving Quality of Kimchi)
(1) The Minister of Agriculture, Food and Rural Affairs may implement the following measures to improve the quality of kimchi and to protect consumers: <Amended by Act No. 11690, Mar. 23, 2013>
1. Development of policies and technologies necessary to promote the production of excellent kimchi;
2. Research and study of production process, etc. appropriate to improve export competitiveness of kimchi and for the standards of countries to which kimchi is exported;
3. Other matters necessary for methods of quality control of kimchi.
(2) In order to efficiently promote the projects prescribed in the subparagraphs of paragraph (1), the State may provide necessary support within budgetary limits.
 Article 23 (Preferential Purchase of Kimchi Granted Quality Certification)
When the State, local governments or public institutions pursuant to Article 4 of the Act on the Management of Public Institutions intend to purchase kimchi, they may preferentially purchase kimchi, the quality of which is certified under Article 21.
 Article 24 (Promotion of Use of Good Kimchi Ingredients)
(1) In order to enhance stability in the supply of high-quality kimchi, the Minister of Agriculture, Food and Rural Affairs may implement measures to promote the use of the following kimchi ingredients: <Amended by Act No. 10885, Jul. 21, 2011; Act No. 11459, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
1. Good Practices-certified agricultural products under Article 6 of the Agricultural and Fishery Products Quality Control Act;
3. Deleted; <by Act No. 11459, Jun. 1, 2012>
4. Goods with geographical indication registered under Article 32 of the Agricultural and Fishery Products Quality Control Act;
5. Products certified as organic foods, etc. under Article 19 (1) of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods, Etc., and products certified as pesticide-free agricultural or marine products, etc. under Article 34 (1) of the same Act;
6. Other products certified in accordance with the national certification system prescribed by Presidential Decree.
(2) Products eligible for support based on measures for the promotion of use of excellent kimchi ingredients under paragraph (1) and standards therefor, procedures, methods and other necessary matters shall be prescribed by Presidential Decree.
(3) The State may reimburse all or part of expenses to be used for measures for the acceleration of use of excellent kimchi ingredients prescribed in paragraph (1) within budgetary limits.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 25 (Tax Reduction or Exemption)
Where deemed necessary for the efficient promotion of measures concerning the development of the kimchi industry pursuant to this Act, the State and local governments may allow kimchi business entities tax reduction or exemption as prescribed by the Restriction of Special Taxation Act and the Restriction of Special Local Taxation Act.
 Article 26 (Submission of Data)
The Minister of Agriculture, Food and Rural Affairs may request a kimchi business entity to submit data necessary for the financial support under this Act. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 27 (Delegation and Entrustment of Authority)
(1) The Minister of Agriculture, Food and Rural Affairs may delegate part of the authority under this Act to the Administrator of the Rural Development Administration, heads of affiliated institutions, Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors and the Governor of a Special Self-Governing Province, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs may entrust part of the duties under this Act to the Korea Food Research Institute under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, the Korea Agro-Fisheries and Food Trade Corporation under the Korea Agro-Fisheries Trade Corporation Act, other public institutions, producers’ organizations, or corporations or organizations engaged in the kimchi business. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 28 (Legal Fiction as Public Official in Application of Penalty Provisions)
An executive officer or employee of any producers’ organization or corporation or organization engaged in the kimchi business which performs the duties entrusted by the Minister of Agriculture, Food and Rural Affairs under Article 27 (2) shall be deemed a public official in application of penalty provisions.
[This Article Newly Inserted by Act No. 15382, Feb. 21, 2018]
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
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. 11459, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 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. 13020, Jan. 20, 2015>
This Act shall enter into force three months after the date of its promulgation.
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.
ADDENDUM <Act No. 13402, Jul. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15382, Feb. 21, 2018>
This Act shall enter into force on the date of its promulgation.