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ENFORCEMENT DECREE OF THE TOBACCO BUSINESS ACT

Wholly Amended by Presidential Decree No. 17267, jun. 30, 2001

Amended by Presidential Decree No. 17761, Oct. 23, 2002

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18445, jun. 29, 2004

Presidential Decree No. 20720, Feb. 29, 2008

Presidential Decree No. 21148, Dec. 3, 2008

Presidential Decree No. 21424, Apr. 17, 2009

Presidential Decree No. 22003, Jan. 27, 2010

Presidential Decree No. 23349, Dec. 6, 2011

Presidential Decree No. 24317, Jan. 16, 2013

Presidential Decree No. 24519, Apr. 26, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25864, Dec. 23, 2014

Presidential Decree No. 26154, Mar. 24, 2015

Presidential Decree No. 26659, Nov. 20, 2015

Presidential Decree No. 27617, Nov. 29, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27810, Jan. 26, 2017

Presidential Decree No. 27869, Feb. 28, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28471, Dec. 12, 2017

Presidential Decree No. 29015, Jul. 3, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe for matters delegated by the Tobacco Business Act and matters necessary for the enforcement thereof.
 Article 2 (License for Tobacco Manufacturing Business)
(1) Any person who intends to obtain a license for tobacco manufacturing business under the former part of Article 11 (1) of the Tobacco Business Act (hereinafter referred to as the "Act") (hereinafter referred to as "license for tobacco manufacturing business") shall submit an application for license for tobacco manufacturing business stating the matters falling under any of the following subparagraphs to the Minister of Strategy and Finance along with the documents as determined by Ordinance of the Ministry of Strategy and Finance: <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
1. Personal details of an applicant;
2. Location of principal office and manufacturing place;
3. Equity capital;
4. Types of tobacco to be manufactured;
5. Annual manufacturing scale.
(2) The Minister of Strategy and Finance upon receipt of an application for a license for tobacco manufacturing business under paragraph (1) may, where an applicant for a license for tobacco manufacturing business possesses the equity capital under Article 4 (1) 1, grant a license for tobacco manufacturing business on condition that he/she is to be equipped with the manufacturing facilities, technical manpower, testing equipment under subparagraphs 2 through 4 of the same paragraph within three years: Provided, That the Minister of Strategy and Finance may extend such period within the limit of one year if it is deemed that there exists an inevitable reason. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
 Article 3 (Alterations in Licensed Matters)
(1) "Principal matters prescribed by Presidential Decree from among the licensed matters" in the latter part of Article 11 (1) of the Act means the alterations in the matters provided in Article 2 (1) 3 and 5 (including the case where the processing facilities of raw materials are required to be additionally installed as he/she becomes not to fall under the proviso to Article 4 (1) 2).
(2) Any person who intends to obtain a modified license under the latter part of Article 11 (1) of the Act shall submit an application for modified license for tobacco manufacturing business to the Minister of Strategy and Finance along with the documents as determined by Ordinance of the Ministry of Strategy and Finance. In such cases, if he/she intends to additionally install the processing facilities of raw materials as he/she becomes not to fall under the proviso to Article 4 (1) 2, he/she shall submit the same application within six months from the date on which he/she becomes not to fall under the same provisions. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
(3) Any person who has obtained a modified license for tobacco manufacturing business under the latter part of paragraph (2) shall install the processing facilities of raw materials within three years from the date on which a modified license has been received: Provided, That the Minister of Strategy and Finance may extend such period within the limit of one year if it is deemed that there exists an inevitable reason. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
 Article 4 (Criteria for License for Tobacco Manufacturing Business)
(1) The criteria for the equity capital, facility standards, technical manpower, research and development of tobacco manufacturing technology and the quality control for national health protection, etc. under Article 11 (2) of the Act shall be as follows:
1. Equity capital: to be in excess of 30 billion won;
2. Facility standards: to install the facilities capable of manufacturing tobacco in excess of five billion pieces per annum (based on 16-hour operation daily), which are equipped with as assembly line from the raw material processing to the cigarette manufacturing and product packing: Provided, That the processing facilities of raw materials may not be installed by no later than the time when the tobacco of 10 billion pieces per annum is manufactured;
3. Technical manpower: to have the specialized technology manpower of not less than five persons who have the career for not less than 3 years in the field of tobacco manufacturing and quality control;
4. Research and development of tobacco manufacturing technology and the quality control for national health protection: to be equipped with the testing equipment capable of analysing the function and quality of products (temperature-resistant and humidity-resistant equipment, measuring apparatus of smoky ingredients, measuring apparatus of air-dilution rate, measuring apparatus of suction-resistance), and to provide the standards for quality control, and written guidances of quality control.
(2) In computing the volume of annual tobacco manufacturing under the proviso to paragraph (1) 2, such computation shall be done by summing up both the annual manufacturing volume of a person who intends to obtain a license or a license for alteration under Article 11 (1) of the Act and annual import quantity of tobacco produced by the affiliate firms under subparagraph 3 of Article 2 of the Monopoly Regulation and Fair Trade Act (in cases where the person who intends to obtain a license or a license for alteration under Article 11 (1) of the Act is a domestic business place of a foreign corporation, referring to the relevant foreign corporation). <Amended by Presidential Decree No. 27869, Feb. 28, 2017>
 Article 4-2 (Fire-Prevention Performance)
"Fire-prevention performance prescribed by Presidential Decree" in Article 11-5 (1) of the Act, means the function of a cigarette to extinguish by itself before it is burnt out, if it is left alone without being smoked after being lighted.
[This Article Newly Inserted by Presidential Decree No. 26154, Mar. 24, 2015]
 Article 4-3 (Test for Certification of Fire-Prevention Performance)
The test items and criteria for performance for the certification of fire-prevention performance under Article 11-5 (4) of the Act, shall be as specified in attached Table 1.
[This Article Newly Inserted by Presidential Decree No. 26154, Mar. 24, 2015]
 Article 4-4 (Application, etc. for Certification of Fire-Prevention Performance)
(1) A person who intends to obtain the certification of fire-prevention performance under Article 11-5 (4) of the Act when he/she has obtained a tobacco manufacturing business license under Article 11-3 (1) of the Act or has registered the business of importing and selling tobacco under Article 13 (1) of the Act (hereafter referred to as “import and sales business entity”), shall submit an application for the certification of fire-prevention performance in attached Form 1 to an institution for certification of fire-prevention performance designated by the Administrator of the National Fire Agency under Article 11-6 (1) of the Act (hereinafter referred to as "institution for certification of fire-prevention performance"), along with the following data or documents: <Amended by Presidential Decree No. 27869, Feb. 28, 2017; Presidential Decree No. 28211, Jul. 26, 2017>
1. Data concerning the shape of cigarettes, such as the length and thickness of the cigarette;
2. A copy of the certificate of import declaration (limited to where an import and sales business entity files an application).
(2) After conducting a test for certification of fire-prevention performance (hereinafter referred to as "test for certification"), an institution for certification of fire-prevention performance shall inform the applicant of the result thereof within 15 days from the date the application is received under paragraph (1): Provided, That where any extenuating circumstances exist, it may extend the period only once to the extent of 15 days by giving prior notice to the applicant.
(3) A person who has an objection to the result of a test for certification, may file an application for retesting with the relevant institution for certification of fire-prevention performance within 14 days from the date he/she has received the result under paragraph (2). In such cases, the institution for certification of fire-prevention performance shall conduct a retest for the certification and inform the applicant of the result thereof within 15 days.
[This Article Newly Inserted by Presidential Decree No. 26154, Mar. 24, 2015]
 Article 4-5 (Charges for Certification of Fire-Prevention Performance)
(1) The charges referred to in Article 11-5 (4) of the Act shall be determined by the Administrator of the National Fire Agency, after consultation with the Minister of Strategy and Finance, taking into consideration the operating expenses etc., of human resources, facilities, and equipment necessary for the certification of fire-prevention performance. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(2) Manufacturers or import and sales business entities who file an application for certification of fire-prevention performance, shall pay the charges referred to in paragraph (1) when he/she files the application for certification of fire-prevention performance.
[This Article Newly Inserted by Presidential Decree No. 26154, Mar. 24, 2015]
 Article 4-6 (Issuance of Certificate of Fire-Prevention Performance)
Where it deems that an relevant cigarette item meets all requirements for the test items and criteria for performance as specified in attached Table 1, as the result of a test for certification, the institution for certification of fire-prevention performance shall issue a certificate of fire-prevention performance as specified in attached Form 2 to the applicant, pursuant to Article 11-5 (4) of the Act.
[This Article Newly Inserted by Presidential Decree No. 26154, Mar. 24, 2015]
 Article 4-7 (Requirements for Designation as Institutions for Certification of Fire-Prevention Performance)
In accordance with Article 11-6 (2) of the Act, the Administrator of the National Fire Agency may designate an institution meeting all of the following requirements, as an institution for certification of fire-prevention performance: <Amended by Presidential Decree No. 27810, Jan. 26, 2017; Presidential Decree No. 28211, Jul. 26, 2017>
2. It shall be deemed by the Korean Agency for Technology and Standards designated as an accreditation organization under Article 23 (2) of the Framework Act on National Standards and Article 16 (2) of the Enforcement Decree of the same Act, to have capacity to conduct the standard test method for assessing the ignition propensity of cigarettes (ISO 12863) of the International Organization for Standardization (ISO);
3. It shall have professional human resources specified in attached Table 2.
[This Article Newly Inserted by Presidential Decree No. 26154, Mar. 24, 2015]
 Article 4-8 (Procedures and Methods for Designation as Institution for Certification of Fire-Prevention Performance)
(1) A person who intends to be designated as an institution for certification of fire-prevention performance under Article 11-6 (1) of the Act, shall file an application for designation as an institution for certification of fire-prevention performance in attached Form 3, with the Administrator of the National Fire Agency, along with the following data or documents: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. A plan for conducting tests for certification stating the methods, procedures, etc., for tests for certification referred to in Article 4-4 (2);
2. Data or documents substantiating that he/she meets the requirements prescribed in each subparagraph of Article 4-7.
(2) Where an institution that has filed an application for designation as an institution for certification of fire-prevention performance under paragraph (1), is deemed qualified to perform the affairs related to the certification of fire-prevention performance, the Administrator of the National Fire Agency shall designate it as an institution for certification of fire-prevention performance, and shall issue it the designation certificate of an institution for certification of fire-prevention performance in attached Form 4. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(3) When an institution for certification of fire-prevention performance under paragraph (2) is designated, the Administrator of the National Fire Agency shall, without delay, post public notice the details thereof in the Official Gazette and on the website of the National Fire Agency. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 26154, Mar. 24, 2015]
 Article 4-9 (Criteria for Administrative Dispositions, including Revocation of Designation as Institution for Certification of Fire-Prevention Performance)
Criteria for administrative dispositions referred to in Article 11-6 (4) of the Act, shall be as specified in attached Table 3.
[This Article Newly Inserted by Presidential Decree No. 26154, Mar. 24, 2015]
 Article 5 (Registration of Tobacco Sales Business)
(1) Any person who intends to register pursuant to Article 13 of the Act shall meet the following requirements: <Amended by Presidential Decree No. 27869, Feb. 28, 2017>
1. Where he/she intends to register for the business of importing and selling tobacco: He/she shall conclude a contract for tobacco supply with a foreign tobacco manufacturer;
2. Where he/she intends to register for the wholesale business of tobacco: He/she shall be equipped with the storage facilities of tobacco, and shall conclude a contract for tobacco supply with a manufacturer, import-distributor or another tobacco wholesaler (hereinafter referred to as "wholesaler").
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor (hereinafter referred to as the “Mayor/Do Governor) upon receipt of an application filed by any person intending to register for the business of importing and selling tobacco pursuant to Article 13 of the Act, and the head of a Si/Gun/Gu (in the case of a Gu, referring to the head of an autonomous Gu; hereinafter the same shall apply) upon receipt of an application filed by any person intending to register for the wholesale business of tobacco shall accept such registration except under any of the following circumstances: <Amended by Presidential Decree No. 24317, Jan. 16, 2013>
1. Where any person who applies for registration fails to satisfy the requirements referred to in paragraph (1);
2. Where any person who applies for registration falls under any subparagraph of Article 14 of the Act;
3. Other violations of the restrictions prescribed by this Decree or other Decrees.
[This Article wholly Amended by Presidential Decree No. 23349, Dec. 6, 2011]
 Article 6 (Selling Price of Tobacco)
The manufacturer or import-distributor shall file, as referred to in Article 18 (1) and (2) of the Act, a report on the selling prices of tobacco, which is manufactured or imported by him/her, to the consumers by items at least six days prior to a commencement of sale. The same shall also apply where he/she intends to alter the reported selling prices.
[This Article Wholly Amended by Presidential Decree No. 18445, Jun. 29, 2004]
 Article 7 (Tobacco for Special Use)
(1) Tobacco for special use prescribed by Article 19 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 18445, Jun. 29, 2004; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 27617, Nov. 29, 2016>
1. Tobacco to be used by the Head of the State as a gift to the members of diplomatic mission and other persons;
2. Tobacco supplied to the armed forces, auxiliary police officers, or persons who rendered meritorious service to the State and their bereaved families and then accommodated in nursing institutions for the aged as prescribed by Article 63 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, which are operated by the Korea Veterans Welfare and Heath Care Corporation;
3. Tobacco supplied to navy cadets and servicemen on board warships participating in overseas training;
4. Tobacco supplied to workers in overseas employment and personnel of diplomatic missions abroad;
5. Tobacco sold at a bonded area;
6. Tobacco sold to the crew of an ocean-going ship or deep-sea fishing vessel;
7. Tobacco sold to passengers of aircraft or passenger ships operating on international routes;
8. Tobacco sold in the competent area of foreign armed forces stationed in the Republic of Korea;
9. Tobacco sold to the tourists visiting the North Korean territory as prescribed by Article 9 of the Inter-Korean Exchange and Cooperation Act;
10. Tobacco supplied to the officers and men stationed in foreign countries.
(2) The scope of tobacco supplied as prescribed by paragraph (1) and other necessary matters for supply, shall be determined by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
(3) The tobacco for special use prescribed by paragraph (1) shall be indicated separately from the tobacco sold under Article 12 of the Act. In such cases, any necessary matters for the separate indication of the tobacco for special use, shall be determined by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
 Article 8 (Criteria for Indication of Smoking Warning Words)
Each manufacturer or import and sale business entity shall, under Article 25 (1) of the Act, indicate smoking warning words in Korean in any of the following articles: <Amended by Presidential Decree No. 24519, Apr. 26, 2013; Presidential Decree No. 27869, Feb. 28, 2017>
1. Front, back and side of packing paper of a tobacco pack;
2. Advertisement by stickers or posters posted in the business place of retailers;
3. Advertisement in magazines under Article 9 (1) 2.
 Article 9 (Advertisement on Tobacco)
(1) Pursuant to Article 25 (2) of the Act, any advertisement of tobacco may be placed only by the following means: <Amended by Presidential Decree No. 18445, Jun. 29, 2004; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 21148, Dec. 3, 2008; Presidential Decree No. 21424, Apr. 17, 2009; Presidential Decree No. 22003, Jan. 27, 2010; Presidential Decree No. 24519, Apr. 26, 2013>
1. Displaying or posting advertising materials prescribed in Ordinance of the Ministry of Strategy and Finance within the retailer's business place: Provided, That any displaying or posting, whose contents are visible from outside of a business place, shall be excluded;
2. Inserting an advertisement by variety group at least 10 times per annum (within 2 pages each time) in magazines [referring to periodicals registered or reported under the Act on Promotion of Periodicals, Including Magazines, which are published periodically once or less a week, newspapers registered under the Act on the Promotion of Newspapers, etc., which are published periodically once or less a week, and foreign periodicals under the Publishing Industry Promotion Act, which are regularly published at least once per annum under the same title (hereinafter referred to as "foreign periodicals"), but excluding those intended for women or juveniles]: Provided, That if the foreign periodicals are sold domestically in the number of copies less than those as determined by Ordinance of the Ministry of Strategy and Finance and written only in a foreign language, they shall be exempted from the restriction of carrying advertisements;
3. Sponsoring the social, cultural, musical, sports events, etc. (excluding those intended for women or juveniles). In such cases, no product advertisement, other than the use of a sponsor's title, shall be placed;
4. Placing an advertisement in an airplane and a passenger ship operating on an international line, and other places prescribed by Ordinance of the Ministry of Strategy and Finance.
(2) A manufacturer or import-distributor may have a wholesaler or retailer place the advertisement under paragraph (1). In such cases, any advertisement made by the wholesaler or retailer shall be deemed to have been placed by the manufacturer or import-distributor.
(3) Any advertisement under paragraph (1) 1, 2 and 4 or advertising materials used therefor shall not exceed an extent of informing the smokers of the name, kind and features of tobacco, and it shall not directly or indirectly encourage or induce non-smokers to smoke, or depict the figures of women or juveniles, or include the contents or form contrary to the details and purports of the smoking warning words indicated under Article 25 (1) of the Act.
(4) A manufacturer or import-distributor shall voluntarily regulate advertisements on tobacco, to ensure that they do not violate the provisions of paragraphs (1) through (3).
(5) The Minister of Strategy and Finance may request the Minister of Culture, Sports and Tourism to take corrective measures against the importers of foreign periodicals carrying the advertisements without any indication of the smoking warning words under Article 25 (1) of the Act, or those violating the prohibition against or restriction of advertisements under Article 25 (2) of the Act. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
 Article 9-2 (Indication Criteria for Tobacco Ingredients, etc.)
(1) Each manufacturer or import and sales business entity shall indicate the main ingredients and their contents in the smoke of one cigarette on one side of a tobacco pack under the main sentence of Article 25-2 (1) of the Act.
(2) “Advertisements prescribed by Presidential Decree” in the main sentence of Article 25-2 (1) of the Act means any of the following:
1. Advertisements via stickers or posters displayed in the business places of retailers;
2. Advertisements in magazines under Article 9 (1) 2.
(3) Each manufacturer or import and sales business entity shall indicate the amount of liquid nicotine on any of the following containers or packs of liquid tobacco under the proviso of Article 25-2 (1):
1. Container: any of the following:
(a) For a container which directly contains liquid nicotine: the relevant container;
(b) For a disposable product which combines electronic cigarette kits with liquid nicotine: the relevant electronic cigarette;
2. Package: an end package which accommodates a container.
(4) The details of the method for indicating the contents of liquid nicotine pursuant to paragraph (3) shall be prescribed by Ordinance of the Ministry of Strategy and Finance.
[This Article Wholly Amended by Presidential Decree No. 27869, Feb. 28, 2017]
 Article 9-3 (Types of Indicated Ingredients and their Indication Methods)
(1) Types of ingredients to be indicated under the provisions of Article 25-2 (3) of the Act shall be tar and nicotine. <Amended by Presidential Decree No. 18445, Jun. 29, 2004>
(2) Matters necessary for the indication methods of tobacco ingredients under paragraph (1) shall be stipulated by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 17761, Oct. 23, 2002]
 Article 9-4 (Criteria for Measurement, etc. of Tobacco Ingredients)
(1) The criteria for measurement under Article 25-2 (3) of the Act means the dependence on the test methods of tobacco smoke ingredients as determined by the International Organization for Standardization (ISO), and its definite measurement criteria shall be stipulated by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 18445, Jun. 29, 2004; Presidential Decree No. 20720, Feb. 29, 2008>
(2) Measurement cycles of tobacco ingredients under the provisions of paragraph (1), sample extraction methods for measurements, and other matters necessary for measurements shall be stipulated by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 17761, Oct. 23, 2002]
 Article 9-5 (Designation as Measuring Agency)
(1) Any measuring agency prescribed by Article 25-2 (3) of the Act, may be designated by the Minister of Strategy and Finance, from among the persons authorized as a test and inspection agency for the field of tobacco smoke ingredients by the Korean Agency for Technology and Standards. <Amended by Presidential Decree No. 18445, Jun. 29, 2004; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 24955, Dec. 11, 2013; Presidential Decree No. 26154, Mar. 24, 2015>
(2) Necessary matters for designation as a measuring agency prescribed by paragraph (1), shall be stipulated by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 17761, Oct. 23, 2002]
 Article 9-6 (Scope of Allowable Errors)
(1) The scope of allowable errors in the indicated values of tobacco smoke ingredients under the provisions of Article 25-2 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 18445, Jun. 29, 2004>
1. Tar:
In the case of over 5 milligrams: ±within 20%
In the case of under 5 milligrams: ±within 1 milligram
2. Nicotine:
In the case of over 0.5 milligrams: ±within 20%
In the case of under 0.5 milligrams: ±within 0.1 milligram
(2) Whether or not exceeding the scope of allowable errors under the provisions of paragraph (1) shall be determined on the basis of values obtained by an arithmetic mean of each measured value which has been obtained by four consecutive measurements: Provided, That where the contents indicated under the provisions of Articles 9-2 and 9-3 are altered before four times of measurements, it shall be determined on the basis of values obtained by an arithmetic mean of each value measured before such alterations.
[This Article Newly Inserted by Presidential Decree No. 17761, Oct. 23, 2002]
 Article 9-7 (Ommission of Tobacco Ingredient Indications)
The cases where an indication of tobacco smoke ingredients may be omitted under the provisions of Article 25-2 (3) of the Act shall be limited to the cigars, pipe tobaccos, cut tobaccos, chewing tobaccos, and smelling tobaccos. <Amended by Presidential Decree No. 18445, Jun. 29, 2004>
[This Article Newly Inserted by Presidential Decree No. 17761, Oct. 23, 2002]
 Article 10 (Prohibition of Offering Money or Goods, etc. for Promotion of Tobacco Sales)
"Providing money and other similar activities as prescribed by Presidential Decree" in Article 25-4 of the Act means the acts of providing the bounty for tobacco sales, premiums, merchandise coupons and other money or goods: Provided, That the acts of providing the goods necessary for the tobacco retail business, which are determined by Ordinance of the Ministry of Strategy and Finance shall be excluded. <Amended by Presidential Decree No. 17761, Oct. 23, 2002; Presidential Decree No. 20720, Feb. 29, 2008>
 Article 10-2 (Scope of Misleading Words, etc.)
(1) Misleading words, etc., referred to in Article 25-5 (2) of the Act, means any of the following words, phrases, trademarks, shapes, or other indication:
1. Light;
2. Mild;
3. Low tar;
4. Genuine;
5. Indications that are likely to cause any misconceptions about tobacco by treating lightly the effects of tobacco on human health or the risks of tobacco thereto, with the indication of a symbol, figure, picture, or three-dimensional shape or a combination thereof.
[This Article Newly Inserted by Presidential Decree No. 25864, Dec. 23, 2014]
 Article 11 (Management of Personally Identifiable Information)
The Minister of Strategy and Finance, the Mayor/Do Governor, the head of a Si/Gun/Gu may manage materials in which resident registration numbers are included pursuant to subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, where inevitable to deal with the following affairs:
1. Affairs concerning confirmation of the grounds for disqualification in relation to the permission for a tobacco manufacturing business under Article 11-2 of the Act;
2. Affairs concerning confirmation of the grounds for disqualification in relation to the registration of a tobacco sales business under Article 14 of the Act;
3. Affairs concerning designation as retailers under Article 16 of the Act.
[This Article Newly Inserted by Presidential Decree No. 24317, Jan. 16, 2013]
 Article 12 (Assessment of Regulation)
The Minister of Strategy and Finance shall assess the relevance of the following matters every three years, as of any of the following base dates (referring to the date before the base date of every third year), and shall take measures, including improvement: <Amended by Presidential Decree No. 25864, Dec. 23, 2014; Presidential Decree No. 26154, Mar. 24, 2015>
1. Criteria for a license for a tobacco manufacturing business referred to in Article 4: January 1, 2014;
1-2. Requirements for designation as an institution for certification of fire-prevention performance, referred to in Article 4-7 and attached Table 2: January 1, 2015;
1-3. Criteria for administrative dispositions on an institution for certification of fire-prevention performance, referred to in Article 4-9 and attached Table 3: January 1, 2015;
2. Requirements for the registration of a tobacco sales business, referred to in Article 5: January 1, 2014;
3. through 5. Deleted; <by Act No. 27751, Dec. 30, 2016>
6. Deleted. <by Presidential Decree No. 28471, Dec. 12, 2017>
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 13 (Standards for Imposition of Administrative Fines)
The standards for imposing administrative fines under Article 28 of the Act shall be as defined in Attached Table 4.
[This Article Newly Inserted by Act No. 29015, Jul. 3, 2018]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2001.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 17761, Oct. 23, 2002>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2003.
(2) (Applicability to First Measurement) The first measurement of tobacco ingredients shall be performed beginning from the quarter next to that wherein the measuring agency has been first designated under the amended provisions of Article 9-5.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18445, Jun. 29, 2004>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 2004.
(2) Omitted.
ADDENDA <Presidential Decree No. 20720, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 21148, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21424, Apr. 17, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 23349, Dec. 6, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24317, Jan. 16, 2013>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 24519, Apr. 26, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24955, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25864, Dec. 23, 2014>
This Decree shall enter into force on January 22, 2015.
ADDENDUM <Presidential Decree No. 26154, Mar. 24, 2015>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 4-2 shall enter into force on July 22, 2015.
ADDENDA <Presidential Decree No. 26659, Nov. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27617, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27810, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27869, Feb. 28, 2017>
This Decree shall enter into force on March 3, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of a Decree which was promulgated before the enforcement of this Decree, but the date on which it enters into force has not yet arrived, among the Decrees amended by Article 8 of the Addenda, shall enter into force on the enforcement date of the relevant Decree, respectively.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28471, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29015, Jul. 3, 2018>
This Decree shall enter into force on the date of its promulgation.