ENFORCEMENT DECREE OF THE SENIOR-FRIENDLY INDUSTRY PROMOTION ACT
Presidential Decree No. 20106, jun. 26, 2007
Amended by Presidential Decree No. 20789, May 21, 2008
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 23807, May 23, 2012
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27599, Nov. 22, 2016
Presidential Decree No. 27806, Jan. 26, 2017
| 1. | Medicines and cosmetics for senior citizens; |
| 2. | Transportation means and facilities, and services thereof suitable for the mobility of senior citizens; |
| 3. | Functional health foods, and feeding services for senior citizens. |
| Article 3 (Vicarious Agency for Standardization Project for Senior-Friendly Industry) |
| (1) | The phrase “senior-friendly institute specified by Presidential Decree” referred to in Article 8 (2) of the Act means an entity designated by the head of a relevant central administrative agency from among research institutes, institutions, or organizations which meet all of the following requirements: |
| 1. | To be a non-profit corporation or organization which performs standardization projects as its main business; |
| 2. | To be equipped with personnel in exclusive charge, organizations, and business performance systems as determined and publicly notified by the heads of a relevant central administrative agency; |
| 3. | To have an actual performance track record in any standardization project. |
| (2) | Where the head of a relevant central administrative agency designates a vicarious agency for any standardization project for senior-friendly industry pursuant to paragraph (1), he/she shall publicly announce the following matters: |
| 1. | The name and address of the representative of the vicarious agency for the standardization project; |
| 2. | The field and product item of the standardization project; |
| 3. | A business plan for the standardization project. |
| Article 4 (Vicarious Agencies for Projects for International Cooperation, etc.) |
The phrase “an appropriate senior-friendly institute” referred to in Article 9 (3) of the Act means a senior-friendly institute specified by Presidential Decree under Article 3 (1) and a support center for senior-friendly industry designated under Article 5.
| Article 5 (Designation Standards for Support Center for Senior-friendly Industry, etc.) |
| (1) | Any person who intends to be designated as a support center for senior-friendly industry (hereinafter referred to as “support center”) under Article 10 (1) of the Act shall meet the following requirements: <Amended by Presidential Decree No. 27599, Nov. 22, 2016> |
| 1. | To be a non-profit corporation or organization which performs support projects for senior-friendly industry as its main business; |
| 2. | To meet all of following requirements capable of performing any affair under the subparagraphs of Article 10 (2) of the Act: |
| a. | To have a separate body consisting of at least four full-time workers who take the exclusive charge of effectively supporting the senior-friendly industry; |
| b. | To be headed by a person with expertise and experience on the senior-friendly industry including working experience of at least three years in such industry; |
| c. | To have a track-record of investigation or research achievements of the last two years on the senior-friendly industry; |
| d. | To have facilities and equipments necessary for the performance of business to nurture professional manpower on the senior-friendly industry. |
| (2) | Any person who intends to apply for the designation of a support center shall submit a written application for the designation of a support center in Attached Form 1 (including a written application in electronic document form) to the relevant central administrative agency, attaching the following documents (including electronic documents): Provided, That where the relevant data is disclosed on the website, etc. of the relevant corporation or organization with respect to subparagraph 1, such person need not submit the aforementioned written application and documents: <Amended by Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree 27599, Nov. 22, 2016> |
| 1. | Articles of association, or regulations on business operation corresponding thereto; |
| 2. | Current status of retention of personnel in exclusive charge and plan for placement; |
| 4. | Organizational chart that clarifies lines of responsibility; |
| 5. | Resume of the head of a support center; |
| 6. | List of investigation or research achievements of the last two years on the senior-friendly industry; |
| 7. | Current status of retention of facilities and equipments necessary for the performance of business to nurture professional manpower on the senior-friendly industry; |
| 8. | Written designation of a support center (only in cases of applying for renewal of designation). |
| (3) | The head of a relevant central administrative agency in receipt of an application under paragraph (2) shall confirm the certificate of the matters to be filed in the register of corporation (limited to where the applicant is a corporation) through common use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010> |
| (4) | Where it is proved that a person who has filed an application for designation pursuant to paragraph (2) meets the requirements under paragraph (1), the head of a relevant central administrative agency shall designate such person as a support center and issue a certificate of designation of a support center in Attached Form 2. |
| (5) | The head of a relevant central administrative agency shall, where designating a support center pursuant to paragraph (4), publicly announce any of the following matters. The same shall apply to designation for change pursuant to paragraph (6): |
| 1. | The name of the support center, and the name and address of the representative thereof; |
| 2. | The scope and content of the business to be performed by the support center. |
| (6) | Where a support center designated pursuant to paragraph (4) intends to change any of the following among designated matters, it shall obtain approval for change from the head of the relevant central administrative agency: |
| 1. | Current status of retention of personnel in exclusive charge; |
| 2. | Any matter of paragraph (5). |
| (7) | The validity of designation of a support center under paragraph (4) shall be two years from the date of its designation. <Newly Inserted by Presidential Decree No. 27599, Nov. 22, 2016> |
| (8) | Any person who intends to continue operating a support center after termination of validity under paragraph (7) shall renew its designation before the validity is terminated. <Newly Inserted by Presidential Decree No. 27599, Nov. 22, 2016> |
| (9) | Paragraphs (1) through (5) shall apply mutatis mutandis to the requirements and procedures of the renewal of designation under paragraph (8). <Newly Inserted by Presidential Decree No. 27599, Nov. 22, 2016> |
| Article 6 (Report on Business Achievements, etc.) |
The head of a support center shall report the business performance of the previous year and the business plan for the current year to the head of a relevant central administrative agency until the end of January every year. The same shall apply where intending to change the business plan.
| Article 7 (Standards and Procedures for Designation of Exemplary Products) |
| (1) | An exemplary senior-friendly product under Article 12 (1) of the Act (hereinafter referred to as “exemplary product”) shall be an item determined and publicly notified by the head of the relevant central administrative agency and shall fall under any of the following subparagraphs: <Amended by Presidential Decree No. 20789, May 21, 2008; Presidential Decree No. 27806, Jan. 26, 2017> |
| 3. | A product complying with the standards prescribed by any relevant Act or subordinate statute. |
| (2) | A person who intends to obtain the designation for an exemplary product shall submit a written application for the designation in Attached Form 3 (including an application in electronic document form) to the head of a relevant central administrative agency or the head of a support center (hereinafter the former head and the latter head are referred to as "the designating authority") which performs the business of designating exemplary products pursuant to Article 12 (3) of the Act, attaching the following documents (including electronic documents): <Amended by Presidential Decree No. 20789, May 21, 2008; Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 27806, Jan. 26, 2017> |
| 1. | A written description of the functions, etc. of the product; |
| 2. | Any of the following documents: |
| (c) | Any other documents proving the compliance with the standards prescribed by any relevant Act or subordinate statute; |
| Article 8 (Standards and Procedures for Designating Exemplary Business Entity) |
| (1) | Any exemplary senior-friendly business entity under Article 12 (1) of the Act (hereinafter referred to as an “exemplary business entity”) shall meet the following requirements: |
| 1. | To retain professional personnel capable of satisfying the demand for services; |
| 2. | To be equipped with facilities or equipment necessary for the provision of services; |
| 3. | To formulate policies for the management and provision of services; |
| 4. | To secure devices for safety and the protection of rights and interests necessary for using services. |
| (2) | The head of the relevant central administrative agency shall determine and publicly notify detailed standards for designating exemplary business entities under paragraph (1). |
| (3) | Any person who intends to obtain the designation of an exemplary business entity pursuant to paragraph (1) shall submit a written application in Attached Form No. 4 (including an application in electronic document form) to the designating authority, attaching documents proving the satisfaction of the requirements under paragraph (1) (including electronic documents). |
| Article 9 (Procedures for Designating Exemplary Products, etc.) |
| (1) | The designating authority in receipt of an application for the designation of an exemplary product or an exemplary business entity pursuant to Article 7 or 8 shall, if deemed that the relevant product or business entity meets the requirement under Article 7 (1) or 8 (1), designate such product or entity as an exemplary product or an exemplary business entity after the review of the review committee under Article 10, and shall issue a certificate of designation under Attached Form 5 or 6. |
| (2) | The designating authority shall, where designating an exemplary product or an exemplary business entity pursuant to paragraph (1), make a public announcement thereof without delay. |
| Article 10 (Committee for Review of Exemplary Products, etc.) |
| (1) | The designating authority shall organize a review committee in order to conduct reviews for the designation of exemplary products or exemplary business entities. |
| (2) | The review committee shall be composed of not more than ten members, including one chairperson. |
| (3) | The members of the review committee shall be appointed or commissioned by the designating authority from among the following persons: |
| 1. | Public officials belonging to the relevant central administrative agency; |
| 2. | Persons with abundant knowledge and experience on senior-friendly industry. |
| Article 11 (Marking of Exemplary Product and Exemplary Business Entity) |
Any person who has obtained the designation of an exemplary product or an exemplary business entity pursuant to Article 9 may indicate a mark 'exemplary product' or 'exemplary business entity' under Attached Table 1. In such cases, with respect to an exemplary product, the mark 'exemplary product' may be indicated on the relevant product, its packaging, and in its promotional materials, etc., and with respect to an exemplary business entity, the mark 'exemplary business entity' may be indicated at the relevant place of business, and in the trade name, promotional materials, etc. thereof.
| Article 12 (Public Announcements of Performance of Designation Businesses by Support Center) |
The head of a relevant central administrative agency shall, where having a support center perform the business of designating exemplary products or exemplary business entities under Article 12 (3) of the Act, make a public announcement thereof without delay.
| Article 13 (Support for Exemplary Products, etc.) |
| (1) | The head of a relevant central administrative agency and the head of a local government may, in accordance with Article 15 (1) 4 of the Act, perform the following business or support a person who performs any of such business: |
| 1. | Business for marketing and securing of markets; |
| 2. | Business for establishing and operating a permanent open exhibition and sale shop; |
| 3. | Business for sound distribution and transaction of exemplary products. |
| (2) | The head of the relevant central administrative agency may, in order to promote the purchase of exemplary products, recommend any of the following entities to purchase an exemplary product or use the services of an exemplary business entity: |
| 1. | State agencies or local governments; |
| Article 14 (Procedures for Recovering Support Funds from Exemplary Business Entities, etc.) |
Procedures determined by the National Funds Management Act and its Decrees and by the Local Finance Act and its Decrees shall apply mutatis mutandis to procedures for recovering an amount equivalent to funding paid under Article 15 (2) of the Act.
| Article 14-2 (Evaluation of Regulations) |
The Minister of Health and Welfare shall examine the validity of any of the following matters every three years (referring to the period ending on the third anniversary of the reference date), from the reference dates, and shall then take measures for improvement, etc. of the said matters:
| 1. | Standards and procedures for designating exemplary products under Article 7: January 1, 2014; |
| 2. | Standards and procedures for designating exemplary business entities under Article 8: January 1, 2014; |
| 3. | Standards for imposition of administrative fines under Article 15 (3) and Attached Table 2: January 1, 2014. |
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 15 (Procedures for Imposition and Collection of Administrative Fines) |
| (1) | Where the head of a relevant central government imposes an administrative fine pursuant to Article 16 (1) of the Act, he/she shall give the person subject to imposition of the administrative fine written notice for payment of the administrative fine, specifying matters such as the relevant violation and the amount of the administrative fine, after investigating and ascertaining the relevant violation. |
| (2) | Where the head of a relevant central administrative agency imposes an administrative fine pursuant to paragraph (1), he/she shall provide the person subject to the imposition of the administrative fine with an opportunity to state opinions orally or in writing (including electronic documents), fixing a period of at least ten days. In such cases, if no opinion is presented by the end of the aforementioned fixed period, it shall be deemed that there is no opinion to present. |
| (3) | The head of a relevant central administrative agency shall, where determining the amount of an administrative fine, take into account the motives for and consequences of the violation in question, and the standards for imposition of administrative fines shall be as listed in Attached Table 2. |
| (4) | Procedures determined by the Management of the National Funds Act and its Decrees shall apply mutatis mutandis to procedures for imposing administrative fines. In such cases, methods and period for raising an objection shall also be specified in the notice of payment. |
ADDENDUM
This Decree shall enter into force on June 29, 2007.
ADDENDA <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23807, May 23, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of promulgation.
Articles 2 (Transitional Measure concerning Amendment of Formats)
The formats set under the previous provisions as at the time this Decree enters into force may be used together with the formats set under this Decree until August 31, 2012.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 2 Omitted.
Article 3 (Transitional Measure Concerning Amendment of Enforcement Decree of Senior-Friendly Industry Promotion Act)
Article 4 through 16 Omitted.
ADDENDUM <Presidential Decree No. 27599, Nov. 22, 2016>
This Decree shall enter into force on the date of promulgation.
ADDENDA <Presidential Decree No. 27806, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of promulgation.
Article 2 through 4 Omitted.