ENFORCEMENT DECREE OF THE SALT INDUSTRY PROMOTION ACT
Wholly Amended by Presidential Decree No. 24195, Nov. 23, 2012
Amended by Presidential Decree No. 24483, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 26225, May 1, 2015
Presidential Decree No. 26844, Dec. 31, 2015
The purpose of this Decree is to prescribe the matters delegated by the Salt Industry Promotion Act and other matters necessary for the enforcement thereof.
| Article 2 (Sodium Chloride and Salt Content) |
| (2) | “Ratio prescribed by Presidential Decree” in subparagraph 9 of Article 2 of the Act means 50/100. |
| Article 3 (Modification, etc. of Master Plan) |
| (1) | “Where he/she intends to modify any minor matters prescribed by Presidential Decree” in the proviso to Article 5 (3) of the Act means a case not falling under any of the following subparagraphs: |
| 1. | Where he/she changes working expenses by project specified in a master plan to promote the salt industry (hereinafter referred to as the “master plan”) pursuant to Article 5 (1) of the Act in excess of 10/100 thereof; |
| 2. | Where he/she changes the implementation period so that it becomes effective after the deadline for implementation of the project specified in the master plan; |
| 3. | Where he/she changes any of the basic directions set for the master plan. |
| (2) | In accordance with Article 5 (4) of the Act, the Minister of Oceans and Fisheries shall establish an implementation plan for developing the salt industry for the next year by December 31 of each year. <Amended by Presidential Decree No. 24483, Mar. 23, 2013> |
| Article 3-2 (Duties of Chairperson of Salt Industry Promotion Council) |
| (1) | The chairperson of the Salt Industry Promotion Council (hereinafter referred to as “Council”) referred to in Article 6 of the Act shall represent the Council and exercise overall control over the affairs thereof. |
| (2) | The vice chairperson shall assist the chairperson and act on behalf of the chairperson if the chairperson is unable to perform his/her duties for any unavoidable reason. |
[This Article Newly Inserted by Presidential Decree No. 24483, Mar. 23, 2013]
| Article 3-3 (Removal from Office, etc. of Council Members) |
| (1) | A person who has designated or recommended a Council member pursuant to Article 6 (4) 1 through 3 of the Act may withdraw his/her designation or recommendation if the relevant member falls under any of the following subparagraphs: |
| 1. | Where he/she becomes unable to perform his/her duties due to any mental or physical impairment on his/her part; |
| 2. | Where he/she engages in misconduct in relation to his/her duties; |
| 3. | Where he/she is deemed unfit for office as member on the grounds of neglect of duty, loss of dignity, and the like; |
| 4. | Where he/she declares that it is difficult for him/her to perform the duties of his/her office. |
| (2) | If a Council member commissioned pursuant to Article 6 (4) 4 of the Act falls under any of the subparagraphs of paragraph (1), the Minister of Oceans and Fisheries may remove the member from his/her office. |
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 3-4 (Meetings, etc.) |
| (1) | The chairperson of the Council shall convene and preside over meetings of the Council. |
| (2) | A majority of the total members of the Council shall constitute a quorum at all its meetings and resolutions shall be passed with the concurrent vote of a majority of the members present. |
| (3) | If deemed necessary in relation to matters subject to deliberation, the Council may ask interested parties, public officials of the relevant local government, and related experts to attend a meeting thereof to present their opinions, or to provide cooperation such as by submitting relevant materials. |
[This Article Newly Inserted by Presidential Decree No. 24483, Mar. 23, 2013]
| Article 3-5 (Executive Secretary) |
| (1) | The Council shall have one executive secretary to deal with the clerical work thereof. |
| (2) | The executive secretary shall be designated by the Minister of Oceans and Fisheries from among the public officials of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Presidential Decree No. 24483, Mar. 23, 2013]
| Article 3-6 (Allowances, etc. of Members) |
Members and relevant experts attending any Council meeting may be paid allowances and travel expenses within the budget limit: Provided, That the same shall not apply where a public official attends a Council meeting directly in connection with his/her duties.
[This Article Newly Inserted by Presidential Decree No. 24483, Mar. 23, 2013]
| Article 3-7 (Detailed Rules for Administration) |
Necessary matters, other than those prescribed by this Decree, for administration of the Council shall be determined by the chairperson subject to resolution by the Council.
[This Article Newly Inserted by Presidential Decree No. 24483, Mar. 23, 2013]
| Article 4 (Fact-Finding Survey, etc.) |
| (1) | The scope of a fact-finding survey under Article 7 (1) of the Act (hereinafter referred to as “fact-finding survey”) is as follows: |
| 1. | The status and surroundings of salt farms; |
| 2. | The status of and the supply and demand for salt farm labor; |
| 3. | The status of sun-dried salt manufacturing and processing technology; |
| 4. | The production cost, price at each distribution stage, and supply-demand situation of sun-dried salt; |
| 5. | Other matters requiring surveys to identify the status of the salt industry. |
| (2) | A fact-finding survey shall be conducted by the Minister of Oceans and Fisheries in accordance with each of the following subparagraphs: <Amended by Presidential Decree No. 24483, Mar. 23, 2013> |
| 1. | Regular survey: Conducted every two years; |
| 2. | Occasional survey: Conducted by the Minister of Oceans and Fisheries if deemed necessary. |
| (3) | The Minister of Oceans and Fisheries may request a relevant institution to submit related materials or provide cooperation if necessary for conducting a fact-finding survey. <Amended by Presidential Decree No. 24483, Mar. 23, 2013> |
| Article 5 (Reimbursement of Expenses) |
The Minister of Oceans and Fisheries or the head of a local government may reimburse a professional training institute designated pursuant to Article 9 (2) of the Act for all or part of the following expenses: <Amended by Presidential Decree No. 24483, Mar. 23, 2013> | 1. | Remuneration and allowances for instructors; |
| 2. | Expenses for training materials and expenses for practice equipments and materials; |
| 3. | Other expenses that are deemed necessary for education and training. |
| Article 6 (Establishment, Operation, etc. of Salt Research Center) |
| (1) | Pursuant to Article 11 (3) of the Act, the Minister of Oceans and Fisheries may install and operate a Salt Research Center either alone or jointly with the following institution or organization: <Amended by Presidential Decree No. 24483, Mar. 23, 2013> |
| (2) | Other than the matters provided for in paragraph (1), those necessary for the establishment and operation of the Salt Research Center shall be determined and publicly announced by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24483, Mar. 23, 2013> |
| Article 7 (Preparing Salt Farm Register) |
| Article 8 (Permission Procedures and Facilities Criteria, etc. for Salt Manufacturing Business, etc.) |
| (1) | Pursuant to Article 23 of the Act, a person who falls under any of the following subparagraphs shall submit an application for permission to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”), along with documents described in attached Table 1: |
| 1. | A person who intends to develop a salt farm; |
| 2. | A person who intends to engage in a business of producing or manufacturing either sun-dried salt or salt manufactured by using a sun-drying process; |
| 3. | A person who intends to change any of the permitted matters. |
| (3) | If a person permitted to engage in salt manufacturing business pursuant to Article 23 (1) of the Act intends to disuse his/her salt farm or discontinue his/her business, he/she shall submit an application for permission therefor to the competent Mayor/Do Governor not later than 30 days before the date such disuse or discontinuance commences, along with documents listed in the following subparagraphs: |
| 1. | A permit to develop salt farms or engage in salt manufacturing business; |
| 2. | A statement of reasons for disusing or discontinuing his/her salt farm or business. |
| (4) | Other than the matters provided for in paragraphs (1) through (3), those necessary for the application for permission and the procedures therefor shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24483, Mar. 23, 2013> |
| Article 9 (Inedible Salt) |
“Inedible salt prescribed by Presidential Decree” in Article 27 (1) of the Act means salt for inedible use, such as an industrial, scientific, or cosmetic use, excluding salt produced by a person permitted to engage in salt manufacturing business pursuant to Article 23 (1) 2 and 3 of the Act.
| Article 10 (Criteria for Safety Investigations) |
The criteria, target areas, procedures, etc. for safety investigations pursuant to Article 28 (2) of the Act are as prescribed in attached Table 3.
| Article 11 (Keeping and Preserving, etc. of Inspection Records) |
| (1) | The head of a quality inspection institution pursuant to Article 35 (2) of the Act (hereinafter referred to as “quality inspection institution”) shall preserve the inspection records prepared in accordance with paragraph (3) of the same Article for three years. |
| (2) | The head of a quality inspection institution shall report his/her inspection findings to the Minister of Oceans and Fisheries by the relevant deadline prescribed in each of the following subparagraphs: <Amended by Presidential Decree No. 24483, Mar. 23, 2013> |
| 1. | Quarterly inspection findings: Not later than the 15th of the month following the end of a quarter; |
| 2. | Annual inspection findings: Not later than January 31 of the next year. |
| Article 12 (Salt Subject to Certification of Sun-Dried Salt Production Processes) |
“Sun-dried salt prescribed by Presidential Decree” which is an item subject to production process certification pursuant to Article 40 (1) of the Act means each of the following: | 1. | Gray sun-dried salt: Sun-dried salt produced in a salt farm in which the ground of the crystallization pan is made up of sandbanks; |
| 2. | Ceramic sun-dried salt: Sun-dried salt produced in a salt farm in which the ground of the crystallization pan is made up of pottery or tiles. |
| Article 12-2 (Restitution of Subsidies Following Exposure of Forced Labor) |
| (1) | Subsidies that can be restituted by the Minister of Oceans and Fisheries under Article 49-2 (1) of the Act mean, of the subsidies provided by the State or a local government pursuant to Article 14 (3) of the Act to a salter (including a tenant producer and a consignee producer of the salt farm; hereafter in this Article the same shall apply) who is convicted of having forced salt-farm workers to provide labor against their will, all of those subsidies the salter received in the year he/she forced the salt-farm workers to provide labor. |
| (2) | When intending to restitute a subsidy pursuant to paragraph (1), the Minister of Oceans and Fisheries shall give notice to the person liable to return the subsidy of its amount and the deadline of and method for payment. |
| (3) | A person who has received notice under paragraph (2) shall pay the amount to be restituted within three months from the date of receipt of the notice. |
[This Article Newly Inserted by Presidential Decree No. 26225, May 1, 2015]
| Article 13 (Cooperation among Relevant Agencies) |
When making a request for cooperation in using information stored in the electronic information processing systems pursuant to Article 52 (2) of the Act, the Minister of Oceans and Fisheries shall specify the following: <Amended by Presidential Decree No. 24483, Mar. 23, 2013> | 1. | Grounds for cooperation; |
| 2. | The duration of cooperation; |
| 3. | The method of providing cooperation; |
| 4. | Other necessary matters. |
| (2) | No reward shall be paid to any person who files the report or criminal complaint which is the same in substance as that filed pursuant to Article 55 of the Act. |
| (3) | Other than the matters provided for in paragraphs (1) and (2), those necessary for the standards, methods of, and procedures for the payment of rewards shall be determined and publicly announced by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24483, Mar. 23, 2013> |
| Article 15 (Delegation of Authority) |
| (1) | Pursuant to Article 58 (1) of the Act, the Minister of Oceans and Fisheries shall delegate to each Mayor/Do Governor the following authority: <Amended by Presidential Decree No. 24483, Mar. 23, 2013; Presidential Decree No. 26225, May 1, 2015> |
| 1. | Acceptance of reports on inedible salt manufacturing business, etc. pursuant to Article 27 of the Act; |
| 2. | Restitution of subsidies granted to a person who has violated the prohibition of forced labor pursuant to Article 49-2 of the Act; |
| (2) | Pursuant to Article 58 (1) of the Act, a Mayor/Do Governor shall delegate to the head of a Si, Gun, or autonomous Gu the following authority: |
| 1. | Issuance of a permit for salt manufacturing business, etc. and other evidentiary documents pursuant to Article 23 of the Act; |
| (3) | Pursuant to Article 58 (1) of the Act, the Minister of Oceans and Fisheries shall delegate to the Director General of the National Fishery Products Quality Management Service the following authority: <Amended by Presidential Decree No. 24483, Mar. 23, 2013> |
| 2. | Public announcement of the guidelines for production of high-quality sun-dried salt pursuant to Article 39 (2) of the Act; |
| 3. | Public announcement of the guidelines for production of sun-dried salt subject to production process certification pursuant to Article 40 (2) of the Act; |
| 4. | Public announcement of the guidelines for the production of environment-friendly sun-dried salt pursuant to Article 41 (2) of the Act; |
| 6. | Corrective orders, the prohibition of sale, or the suspension of use of labels for certified sun-dried salt products pursuant to Article 46 of the Act; |
| Article 15-2 (Review of Regulation) |
The Minister of Oceans and Fisheries shall review the propriety of the permission procedures and facilities criteria for salt manufacturing business, etc. pursuant to Article 8 and attached Tables 1 and 2, and take measures for the improvement thereof, every three years beginning on January 1, 2014 (not later than January 1 of a year every three years pass). [This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 16 (Criteria for Imposing Administrative Fines) |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Facilities Criteria for Salt Manufacturing Business)
A person granted permission to engage in salt manufacturing business in accordance with Article 3 (1) of the former Salt Management Act shall have facilities pursuant to the amended provisions of Article 8 (2) by no later than May 22, 2015. Article 3 Omitted.
Article 4 (Relationship with Other Statutes)
As at the time this Decree enters into force, where other statutes cite the former Enforcement Decree of the Salt Management Act or the provisions thereof, if this Decree includes any provisions corresponding thereto, this Decree or the corresponding provisions of this Decree shall be deemed cited in lieu of the former provisions.
ADDENDUM <Presidential Decree No. 24483, Mar. 23, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 26225, May 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 4, 2015.
Article 2 (Applicability to Persons Subject to Restitution of Subsidies)
The amended provisions of Article 12-2 shall apply where a salter has forced salt-farm workers to provide labor against their will after this Decree enters into force. Article 3 (Exception to Restitution of Subsidies Provided in 2015)
Notwithstanding the amended provisions of Article 12-2 (1), no subsidy provided by the State or a local government to a salter during the period between January 1, 2015 and the day before this Decree enters into force shall be subject to restitution.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.