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ACT ON ENCOURAGING THE DONATION OF FOOD, ETC.

Act No. 13999, Feb. 3, 2016

Amended by Act No. 15538, Mar. 27, 2018

 Article 1 (Purpose)
The purpose of this Act is to encourage the donation of food and other life necessities (hereinafter referred to as food, etc.) and provide donated food, etc. to those who are living a needy life, thereby contributing to promoting social welfare and proliferating a social community culture. <Amended by Act No. 13999, Feb. 3, 2016>
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 13999, Feb. 3, 2016>
1. The term "food" means food as defined under subparagraph 1 of Article 2 of the Food Sanitation Act;
1-2. The term “life necessities” means articles prescribed by Presidential Decree necessary for personal hygiene, such as detergent and face-washing articles;
2. The term "donated food, etc." means food, etc., provided to support those who are in financial hardship;
3. The term "user" means a person who uses donated food, etc.;
4. The term "provider" means a person who directly or indirectly provides users with donated food, etc.;
5. The term "business operator" means a person prescribed by Presidential Decree, as one who continuously runs business of providing donated food, etc. referred to in Article 4 among the providers.
 Article 3 (Reporting)
(1) A business operator may report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter, the same shall apply) who has jurisdiction over the seat of his/her place of business. <Amended by Act No. 15538, Mar. 27, 2018>
(2) Notwithstanding paragraph (1), a business operator prescribed by Presidential Decree in consideration of the scale and scope of business shall report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has jurisdiction over the seat of his/her place of business. <Amended by Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify a person who reports of whether the report is accepted, within seven days after the report is made under paragraph (1) or (2). <Newly Inserted by Act No. 15538, Mar. 27, 2018>
(4) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu fails to notify a person who reports of whether the report is accepted or whether the processing period under the statutes related to dealing with civil petitions, the report is deemed accepted on the day immediately following the end of such period (where the processing period is extended or re-extended pursuant to the statutes related to dealing with civil petitions, referring to the such processing period). <Newly Inserted by Act No. 15538, Mar. 27, 2018>
(5) When a business operator who has reported pursuant to paragraph (1) or (2) intends to withdraw a report or close his/her business, he/she shall report the withdrawal or closure of his/her business to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to whom he/she has reported. <Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
(6) If the report made under paragraph (5) satisfies format requirements prescribed in the statutes, etc. and no faults are found in the written report and attached documents, the reporting shall be deemed completed when the written report arrives at an accepting agency. <Newly Inserted by Act No. 15538, Mar. 27, 2018>
(7) Matters necessary for the standards and procedure for reporting pursuant to paragraphs (1) through (6) shall be prescribed by Presidential Decree. <Amended by Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
 Article 3-2 (Designation, etc., of Support Centers for Donated Food, etc.)
(1) The Minister of Health and Welfare, or the Special Metropolitan City Mayor, any other Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors and the Special Self-Governing Province Governor (hereinafter referred to as a “Mayor/Do Governor”) may designate national support centers for donated food, etc. or metropolitan support centers for donated food, etc. respectively, from among the places of business operated by business operators who have reported pursuant to Article (3), in order to allocate donated food, etc. to the business operators after adjustment and conduct education for the business operators.
(2) An entity which intends to be designated as a national support center for donated food, etc. referred to in paragraph (1) shall file an application with the Minster of Health and Welfare, and an entity which intends to be designated as a metropolitan support center for donated food, etc. referred to in paragraph (1) shall file an application with the Mayor/Do Governor having jurisdiction over its location, fulfilling requirements for the facilities, etc. as prescribed by Presidential Decree.
(3) The Minster of Health and Welfare, or a Mayor/Do Governor may regularly assess business achievements and operational status of national support centers for donated food, etc. and metropolitan support centers for donated food, etc.
(4) Where a national support center for donated food, etc. or metropolitan support center for donated food, etc. falls under any of the following subparagraphs, the Minster of Health and Welfare, or a Mayor/Do Governor may cancel its designation:
1. Where the findings of its assessment under paragraph (3) fall short of such assessment standards as prescribed by Presidential Decree;
2. Where it fails to comply with a corrective order prescribed in Article 11 (1) 2 within a prescribed period.
(5) Where the business operator of a place of business designated as a national support center for donated food, etc. or metropolitan support center for donated food, etc. pursuant to paragraph (1) intends to permanently close the business of such national support center for donated food, etc. or metropolitan support center for donated food, etc. he/she shall report the permanent closure of business to the Minister of Health and Welfare or the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Health and Welfare.
(6) Matters necessary for standards for designation, procedures for designation and cancellation thereof, and standards for assessment, of national support centers for donated food, etc. and metropolitan support centers for donated food, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13999, Feb. 3, 2016]
 Article 4 (Business of Providing Donated Food, etc.)
The scope of business of providing donated food, etc. shall be as follows: <Amended by Act No. 13999, Feb. 3, 2016>
1. Invitation for food donation, managing and providing donated food, etc.;
2. Public relations to encourage the donation of food, etc.;
3. Other subsidiary businesses related to providing donated food, etc.
 Article 5 (Collection and Provision of Donated Food, etc.)
(1) A business operator shall keep a book of the collection and provision of donated food, etc. and prepare and keep evidential document to ensure transparency in the process of collecting and providing donated food, etc. <Amended by Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
(2) When collecting and providing donated food, etc. a provider or a business operator shall handle donated food, etc. safely by performing his/her duty of attention as a good manager. <Amended by Act No. 13999, Feb. 3, 2016>
(3) Matters necessary for collecting and providing donated food, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 13999, Feb. 3, 2016>
 Article 6 (Gratuitous Provision of Donated Food, etc.)
(1) A provider or a business operator shall provide users with donated food, etc. gratuitously. <Amended by Act No. 13999, Feb. 3, 2016>
(2) Deleted. <by Act No. 13999, Feb. 3, 2016>
 Article 7 (Support by the State, etc.)
(1) The State and local governments shall formulate policies necessary for supporting and encouraging the donation of food, etc. and business of providing donated food, etc. <Amended by Act No. 13999, Feb. 3, 2016>
(2) The State and local governments may fully or partly subsidize operating expenses or business expenses necessary for business of providing donated food, etc. to providers or business operators. <Act No. 13999, Feb. 3, 2016>
(3) If necessary, the State, local governments and public agencies may provide providers and business operators with some food, etc., in their possession. <Amended by Act No. 13999, Feb. 3, 2016>
 Article 8 (Reduction or Exemption of Civil Liability or Penal Responsibility)
(1) When a user is harmed by eating or using donated food, etc. any provider (excluding any business operator who has reported pursuant Article 3) and any person who participated in providing donated food, etc. shall be exempt from all civil liability, except in any of the following cases: <Amended by Act No. 13999, Feb. 3, 2016>
1. Where a user is harmed intentionally or through gross negligence;
2. Where any provider or any person who participates in providing donated food violates the sanitary handling standard referred to in Article 3 of the Food Sanitation Act;
3. Where donated food is harmful, etc., according to Article 4 of the Food Sanitation Act.
(2) When a user suffers death or injury by eating or using donated food, etc. and if there is no gross negligence on the part of any provider, business operator or person who participates in providing donated food, etc. a punishment under Articles 266 through 268 of the Criminal Act may be mitigated or exempted in consideration of such extenuating circumstances. <Amended by Act No. 13999, Feb. 3, 2016>
 Article 9 (Protection of Users)
(1) The State and local governments shall formulate policies necessary for protecting users. <Amended by Act No. 13999, Feb. 3, 2016>
(2) Any business operator who has reported pursuant to Article 3 (1) or (2) shall subscribe to accident insurance to compensate for loss of life or injury inflicted on any user caused by eating or using donated food, etc. <Amended by Act No. 13999, Feb. 3, 2016>
(3) The State and local governments may fully or partly subsidize the premiums pursuant to paragraph (2). <Amended by Act No. 13999, Feb. 3, 2016>
 Article 9-2 (Assessment of Places of Business)
(1) The Minister of Health and Welfare shall assess the degree of management of safety in the facilities, equipment, personnel, etc., in the place of business operated by a business operator who has reported pursuant to Article 3 as well as the degree of transparency secured in collecting and providing donated food, etc. in order to promote the donation of food, etc. and enhance the safety of donated food, etc.
(2) The Minister of Health and Welfare may request the relevant business operator to provide necessary materials to assess matters under paragraph (1). In such cases, the business operator requested to provide materials shall comply with such request unless there is justifiable reason not to do so.
(3) The Minister of Health and Welfare may publicize the findings of assessment referred to in paragraph (1).
(4) The Minister of Health and Welfare may provide administrative and financial support to a place of business whose findings of assessment under paragraph (1) have been proven to be excellent.
(5) Matters necessary for standards and procedures for assessment of places of business under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13999, Feb. 3, 2016]
 Article 10 (Guidance and Supervision, etc.)
(1) When a provider or a business operator violates Article 5 (2) or when donated food, etc. are likely to cause a serious infection, the Minister of Health and Welfare, the relevant Do Governor or the head of the relevant Si/Gun/Gu may give guidance or conduct supervision by demanding a report on business affairs in question or submission of relevant documents or by ordering a public official under his/her control to enter offices or facilities of the provider and the business operator to make an inspection or inquiry. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
(2) When a relevant public official enters offices or facilities to make an inspection or inquiry pursuant to paragraph (1), he/she shall produce identification indicating his/her authority to the persons concerned. <Amended by Act No. 13999, Feb. 3, 2016>
 Article 11 (Corrective Orders, etc.)
(1) When a provider or a business operator falls under any of the following subparagraphs, the Minister of Health and Welfare, Mayor/Do Governor or the head of a Si/Gun/Gu may order him/her to make corrections within a fixed period, as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
1. When a business operator who has reported pursuant to Article 3 (1) or (2) fails to meet any of the standards for reporting pursuant to Article 3 (7);
2. When a national support center for donated food, etc. or metropolitan support center for donated food, etc. designated pursuant to Article 3-2 (1) falls short of the designation standards under Article 3-2 (6);
3. When a provider or business operator violates Article 5 (1) or (2).
(2) When a business operator falls under any of the following subparagraphs, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order him/her to suspend his/her business or close his/her place of business, as prescribed by Presidential Decree: <Amended by Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
1. When he/she fails to execute any corrective order within the period pursuant to paragraph (1) 1 or 3;
2. When he/she fails to provide donated food, etc. gratuitously in violation of Article 6 (1).
(3) When the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to close a place of business pursuant to paragraph (2) or the Minister of Health and Welfare or a Mayor/Do Governor intends to cancel the designation of a national support center for donated food, etc. or a metropolitan support center for donated food, etc. pursuant to Article 3-2 (4), he/she shall hold a prior hearing. <Amended by Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
(4) When a business operator continues to run a business even after being ordered to close his/her place of business under paragraph (2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may have a relevant public official take measures referred to in the following subparagraphs to close his/her place of business: <Amended by Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
1. Removing or eliminating a signboard of a place of business or other indications of a place of business;
2. Attaching a notice informing that a place of business is not a legal place of business;
3. Affixing a seal prohibiting use of facilities in a place of business or other implementations used for business.
(5) After the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has sealed a business place pursuant to paragraph (4) 3, he/she may detach the seal if continuing the sealing is deemed unnecessary, or the relevant business operator or his/her agent promises to close the relevant place of business or requests him/her to detach the seal with justifiable grounds. The same shall also apply to cases of a notice or such, pursuant to paragraph (4) 2. <Amended by Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
(6) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to take measures under paragraph (4), he/she shall preadvise the relevant business operator or his/her agent in writing: Provided, That this shall not apply when any urgency arises. <Amended by Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
(7) Measures under paragraph (4) shall be limited to the minimum extent necessary for stopping a business operator from conducting such business. <Amended by Act No. 13999, Feb. 3, 2016>
(8) In cases referred to in paragraph (4), the relevant public official shall carry identification indicating his/her authority and produce it to the persons concerned.
 Article 12 (Penalty Provisions)
Any person who provides donated food, etc. in violation of Article 6 (1), shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 13999, Feb. 3, 2016>
 Article 13 (Joint Penalty Provisions)
When the representative of a corporation or the agent, employee or other servant of a corporation or individual has committed an offense referred to in Article 12 with regard to the affairs of such corporation or individual, not only shall such actor be punished accordingly, but also such corporation or individual shall be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where such corporation or individual had not been negligent in giving due care and supervision in connection with the relevant affairs in order to prevent such offense.
[This Article Wholly Amended by Act No. 10606, Apr. 28, 2011]
 Article 14 (Administrative Fines)
(1) An administrative fine not exceeding three million won shall be imposed on a person who falls under any of the following subparagraphs: <Amended by Act No. 13999, Feb. 3, 2016; Act No. 15538, Mar. 27, 2018>
1. A person who fails to report pursuant to Article 3 (2);
2. A person who fails to keep a book of collection and provision of donated food, etc. or prepare and keep evidential document in violation of Article 5 (1);
3. A person who fails to report under Article 10 (1) without any justifiable grounds or makes a false report, a person who fails to submit materials or submits false materials, or a person who refuses, evades or interferes with the inspection or inquiry.
(2) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as the "imposing authority") shall impose and collect administrative fines referred to in paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 13999, Feb. 3, 2016>>
(3) through (5) Deleted. <by Act No. 15538, Mar. 27, 2018>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Report of Business Operator) Any business operator who falls under a standard prescribed by Presidential Decree enacted pursuant to Article 3 (2), as at the time this Act enters into force, shall report within one year after this Act enters into force.
(3) 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. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10606, Apr. 28, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13999, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Designation of National Support Center, etc., for Donated Food, etc.)
A national food banks or metropolitan food bank designated by the Minister of Health and Welfare or a Mayor/Do Governor at the time this Act enters into force shall be deemed a national support center for donated food, etc. or metropolitan support center for donated food, etc. designated pursuant to this Act, but shall be further designated as such pursuant to the amended provisions of Article 3-2 (1) after being equipped with the designation requirements by no later than one year after this Act enters into force.
Article 3 Omitted.
ADDENDA <Act No. 15538, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 and 11 shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Report on Business of Providing Donated Food, etc.)
The amended provisions of Article 3 (3) and (4) shall apply beginning with the report made after the said provisions enter into force.