AGRICULTURAL MECHANIZATION PROMOTION ACT
Wholly Amended by Act No. 4788, Nov. 11, 1994
Amended by Act No. 4861, Jan. 5, 1995
Act No. 5153, Aug. 8, 1996
Act No. 5453, Dec. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5759, Feb. 5, 1999
Act No. 5951, Mar. 31, 1999
Act No. 7775, Dec. 29, 2005
Act No. 8852, Feb. 29, 2008
Act No. 9276, Dec. 29, 2008
Act No. 9621, Apr. 1, 2009
Act No. 9717, May 27, 2009
Act No. 10834, Jul. 14, 2011
Act No. 11095, Nov. 22, 2011
Act No. 11428, May 23, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11876, jun. 12, 2013
Act No. 13383, jun. 22, 2015
Act No. 13465, Aug. 11, 2015
Act No. 14588, Mar. 14, 2017
Act No. 15388, Feb. 21, 2018
Act No. 15770, Sep. 18, 2018
Act No. 16071, Dec. 24, 2018
The purpose of this Act is to contribute to the improvement of productivity and business management of agriculture by facilitating the development and distribution of agricultural machinery and promoting more efficient and safer use of such machinery.
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
The terms used in this Act shall be defined as follows: <Amended by Act No. 9717, May 27, 2009; Act No. 11876, Jun. 12, 2013; Act No. 13383, Jun. 22, 2015>
| 1. | The term "agricultural machinery" means any of the following, which is prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: |
| (a) | Machines and equipment used in the production of agricultural, forestry, and livestock products and parts and accessories thereof; |
| (b) | Machines and equipment used in processing agricultural, forestry, and livestock products and by-products therefrom after production, and parts and accessories thereof; |
| (c) | Machines and equipment used in environmental control and automation of production facilities for agricultural, forestry, and livestock products, and parts and accessories thereof; |
| 2. | The term "agricultural mechanization project" means a program to promote the enhancement of agricultural production technology and the improvement of structure and management of agriculture through research, survey, development, and use of agricultural machinery, technical training, post-management, and safety control; |
| 3. | The term "test for approval" means testing and examining agricultural machinery objectively to ascertain whether it conforms to specific standards, testing method, or guidelines. |
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
| Article 3 (Duty to Promote Agricultural Mechanization) |
The State or a local government shall prepare a policy necessary for promoting agricultural mechanization projects.
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
| Article 4 (Subsidization) |
| (1) | The State or a local government may fully or partially subsidize a person who intends to purchase an agricultural machine or install an auxiliary facility for the use of such machine for funds required for such purchasing or installation. |
| (2) | The State or a local government may fully or partially subsidize a manufacturer of agricultural machinery for funds required for the development, manufacturing, or post-management of agricultural machinery. |
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
| Article 5 (Formulation of Master Plans for Agricultural Mechanization) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall formulate a master plan for agricultural mechanization (hereinafter referred to as "master plan") every five years in consultation with the heads of relevant central administrative agencies in order to efficiently promote agricultural mechanization projects. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15770, Sep. 18, 2018> |
| (2) | A master plan shall include the following matters: <Amended by Act No. 10834, Jul. 14, 2011; Act No. 11876, Jun. 12, 2013; Act No. 15388, Feb. 21, 2018> |
| 1. | Matters concerning the use of agricultural machinery and the facilitation of rental business; |
| 1-2. | Matters concerning the distribution and practical use of agricultural machinery; |
| 2. | Matters concerning research, development, and testing of agricultural machinery; |
| 3. | Matters concerning technical training related to agricultural machinery; |
| 3-2. | Matters concerning research, development, and commercialization of agricultural machinery for female farmers; |
| 4. | Matters concerning post-management of agricultural machinery; |
| 4-2. | Matters concerning fostering of human resources specializing in maintenance of agricultural machinery; |
| 5. | Matters concerning safety management of agricultural machinery; |
| 6. | Other matters necessary for facilitating agricultural mechanization. |
| (3) | Where the Minister of Agriculture, Food and Rural Affairs intends to formulate or amend a master plan, he/she shall present the plan to the Council for Policies on Agricultural Mechanization prescribed in Article 6-3 for deliberation: Provided, That the foregoing shall not apply where the Minister intends to amend any minor matter specified by Presidential Decree. <Newly Inserted by Act No. 11876, Jun. 12, 2013> |
| (4) | The Minister of Agriculture, Food and Rural Affairs shall formulate and execute an implementation plan for agricultural mechanization (hereinafter referred to as "implementation plan") every year under a master plan in consultation with the heads of relevant central administrative agencies and shall endeavor to obtain financial resources necessary therefor. <Amended by Act No. 15770, Sep. 18, 2018> |
| (5) | Where the Minister of Agriculture, Food and Rural Affairs formulates a master plan and an implementation plan, he/she shall notify such plans to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and shall submit them to the competent standing committee of the National Assembly. <Newly Inserted by Act No. 15770, Sep. 18, 2018> |
| (6) | Where the Minister of Agriculture, Food and Rural Affairs formulates a master plan and an implementation plan, he/she shall publish such plans, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. The same shall also apply when any matter published is modified. <Newly Inserted by Act No. 15770, Sep. 18, 2018> |
| (7) | Where necessary for formulating a mater plan and an implementation plan, the Minister of Agriculture, Food and Rural Affairs may request the heads of relevant central administrative agencies or a Mayor/Do Governor to submit related materials. In such cases, the heads of the central administrative agencies or the Mayor/Do Governor, in receipt of a request for submission of materials, shall comply therewith unless there is good cause. <Newly Inserted by Act No. 15770, Sep. 18, 2018> |
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
| Article 6 Deleted. <by Act No. 15770, Sep. 18, 2018> |
| Article 6-2 (Demand Survey, etc.) |
| (1) | When implementing an agricultural mechanization project, the Minister of Agriculture, Food and Rural Affairs may conduct demand survey on agricultural machinery in advance. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Agriculture, Food and Rural Affairs conducts demand survey pursuant to paragraph (1), he/she may require the head of a relevant administrative agency, the head of a local government, and the heads of the relevant agencies and organizations to submit necessary information. In such cases, the head of the relevant central administrative agency, etc. shall submit requested information upon receiving such request, unless any extenuating circumstances exist. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Agriculture, Food and Rural Affairs shall conduct regular evaluation of the agricultural machinery developed and distributed, including satisfaction survey, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Agriculture, Food and Rural Affairs shall reflect in the master plan and implementation plan the findings of the demand survey under paragraph (1) and the evaluation under paragraph (3). <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Matters necessary for the subject matter, methods, etc. of the demand survey under paragraph (1) and evaluation under paragraph (3) shall be determined by the Minister of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10834, Jul. 14, 2011]
| Article 6-3 (Council for Policies on Agricultural Mechanization) |
| (1) | In order to deliberate on matters concerning the promotion of agricultural mechanization and the implementation of agricultural mechanization projects, the Minister of Agriculture, Food and Rural Affairs shall establish the Council for Policies on Agricultural Mechanization (hereinafter referred to as the "Council") as an affiliated organization. |
| (2) | The Council shall deliberate on the following matters: |
| 1. | The formulation and amendment of master plans; |
| 2. | The determination of national goals for the promotion of agricultural mechanization and the implementation of agricultural mechanization projects, and the formulation of statutes and systems; |
| 3. | The fostering of agricultural mechanization and agricultural mechanization projects and support therefor; |
| 4. | Other matters on which the Minister of Agriculture, Food and Rural Affairs requests deliberation, as important matters related to policies on the promotion of agricultural mechanization and the implementation of agricultural mechanization projects. |
| (3) | The Council shall be composed of not exceeding 15 members, including one chairperson. |
| (4) | The Vice Minister of Agriculture, Food and Rural Affairs shall serve as the chairperson, and council members shall be appointed or commissioned by the chairperson from among the following persons: |
| 1. | Persons who serve or served as Grade-III or higher-ranking public officials (including public officials in general service as a member of the Senior Civil Service) with experience in agricultural mechanization and agricultural mechanization projects; |
| 2. | Persons recommended by the Minister of Agriculture, Food and Rural Affairs, from among persons with abundant expertise and experience in agricultural mechanization and agricultural mechanization projects. |
| (5) | Subcommittees may be established for each sector, within the Council for the efficient operation of the Council. |
| (6) | The Council and subcommittees may hear opinions of farmers, manufacturers of agricultural machinery, and experts, if necessary, to deliberate on the matters provided for in paragraph (2). <Newly Inserted by Act No. 13465, Aug. 11, 2015> |
| (7) | Matters necessary for the organization, operation, etc., of the Council and subcommittees shall be prescribed by Presidential Decree. <Amended by Act No. 13465, Aug. 11, 2015> |
[This Article Newly Inserted by Act No. 11876, Jun. 12, 2013]
| Article 7 (New-Technology Agricultural Machinery) |
| (1) | If necessary to facilitate the development and distribution of agricultural machinery with new technology applied, the Minister of Agriculture, Food and Rural Affairs may designate and publicly notify agricultural machines appropriate for the application of new technology as new-technology agricultural machines. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The State or a local government may grant preferential subsidies for funds necessary for manufacturing or purchasing new-technology agricultural machines, designated and publicly notified pursuant to paragraph (1), to a person who intends to manufacture or purchase such machines. |
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
The State or a local government may, if considered necessary to facilitate joint use of agricultural machinery, grant full or partial subsidies for funds necessary in purchasing such agricultural machinery and in installing, operating, and managing auxiliary facilities therefore to joint-use business entities of agricultural machinery.
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
| Article 8-2 (Facilitation of Rental Services for Agricultural Machinery) |
| (1) | The State or a local government may fully or partially subsidize rental business entities for agricultural machinery (including local governments providing rental services for agricultural machinery; the same shall apply hereafter in this Article) for funds required for the purchase and transportation of agricultural machinery (limited to where an agricultural machine is delivered to, or collected from, a renter) and for the installation, operation, and management of facilities incidental thereto. <Amended by Act No. 11876, Jun. 12, 2013; Act No. 16071, Dec. 24, 2018> |
| (2) | A rental business entity for agricultural machinery may select persons specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as female farmers and elderly farmers, preferentially as clients eligible for rental services for agricultural machinery. <Newly Inserted by Act No. 11876, Jun. 12, 2013> |
| (3) | The State or each local government shall endeavor to secure professional human resources for agricultural machinery; educate such human resources to improve their quality; and conduct public relations activities toward farmers; etc., in order to promote agricultural machinery rental services. <Amended by Act No. 11876, Jun. 12, 2013> |
| (4) | A rental business entity for agricultural machinery who is provided with subsidies prescribed in paragraph (1) shall, in advance, conduct a demand survey of agricultural machinery used for rental, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, before applying for agricultural machinery rental services. <Newly Inserted by Act No. 16071, Dec. 24, 2018> |
| (5) | Standards for providing rental services, including types of agricultural machinery for rental services, rental fees, and standards for operation of rental services, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted by Act No. 13465, Aug. 11, 2015; Act No. 16071, Dec. 24, 2018> |
| (6) | Where the Minister of Agriculture, Food and Rural Affairs provides subsidies pursuant to paragraph (1), the Minister shall assess such rental services based on agricultural machinery registers required under Article 8-6 and may provide different levels of administrative and financial support, depending on the results of such assessment. <Newly Inserted by Act No. 13465, Aug. 11, 2015; Act No. 16071, Dec. 24, 2018> |
[This Article Newly Inserted by Act No. 9621, Apr. 1, 2009]
| Article 8-3 (Establishment and Operation of Distribution Center for Secondhand Agricultural Machinery) |
| (1) | In order to conduct the following business activities, the State or a local government may subsidize persons who intend to establish and operate a distribution center for secondhand agricultural machinery for funds required for the installation and operation of facilities, such as permanent exhibition places: <Amended by Act No. 11876, Jun. 12, 2013> |
| 1. | Collection and provision of information on transaction prices, supply-demand status, etc. of secondhand agricultural machinery; |
| 2. | Year-round display and sales of secondhand agricultural machinery; |
| 3. | Surveys on distribution status of secondhand agricultural machinery; |
| 4. | Other projects necessary to promote the distribution of secondhand agricultural machinery. |
| (2) | Deleted. <by Act No. 11876, Jun. 12, 2013> |
| (3) | Matters necessary for the establishment and operation of a distribution center for secondhand agricultural machinery and support therefor shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11876, Jun. 12, 2013> |
[This Article Newly Inserted by Act No. 11095, Nov. 22, 2011]
| Article 8-4 (Purchase and Rental of Agricultural Machinery) |
| (1) | The State or a local government may purchase agricultural machines from a farmer who owns the agricultural machines (hereinafter referred to as "original owner") at market price and may lease the machines to the original owner preferentially. |
| (2) | The State or a local government shall endeavor to use the agricultural machines purchased pursuant to paragraph (1) fully for rental services for agricultural machinery. |
| (3) | Matters necessary for the determination of the market price for an agricultural machine under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted by Act No. 11876, Jun. 12, 2013]
| Article 8-5 (Establishment and Operation of Depots of Agricultural Machinery for Rental) |
| (1) | The State or a local government may establish a depot of agricultural machinery for rental in each Eup/Myeon/Dong (hereinafter referred to as "depot") to efficiently hold leased agricultural machines. |
| (2) | The State or a local government may directly operate depots or may entrust an institution or organization, manufacturer, or distributor equipped with facilities that meet the standards prescribed by Presidential Decree (hereinafter referred to as "rental business entity") with the operation of depots. |
| (3) | The State or a local government may fully or partially subsidize a rental business entity to whom the operation of depots is entrusted under paragraph (2) for expenses incurred in the operation of depots. |
| (4) | Matters necessary for the area and facilities of each depot, the method for the operation of the rental business entity, the criteria for the subsidization of operating expenses, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted by Act No. 11876, Jun. 12, 2013]
| Article 8-6 (Agricultural Machinery Register) |
A rental business entity for agricultural machinery subsidized pursuant to Article 8-2 (1) shall keep and retain an agricultural machinery register as prescribed by Ordinance of Ministry of Agriculture, Food and Rural Affairs where he/she purchases, transfers, or disposes of agricultural machinery in order to efficiently operate and maintain such agricultural machinery. [This Article Newly Inserted by Act No. 13465, Aug. 11, 2015]
| Article 9 (Testing Agricultural Machinery for Approval) |
| (1) | A manufacturer or an importer of agricultural machinery shall undergo a test for approval of agricultural machinery prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as tractors and combine harvesters for agriculture that he/she manufactures or imports, from the Minister of Agriculture, Food and Rural Affairs: Provided, That the foregoing shall not apply to any agricultural machine that is manufactured or imported for research and development or export. <Amended by Act No. 11428, May 23, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | No person may sell or distribute agricultural machinery, without a test for approval required under paragraph (1), or found non-compliant as a result of such test for approval. <Newly Inserted by Act No. 14588, Mar. 14, 2017> |
| (3) | The Minister of Agriculture, Food and Rural Affairs may, if considered necessary for maintaining the quality of agricultural machines of the same type as agricultural machines that has successfully passed a test for approval under paragraph (1), conduct follow-up tests for such agricultural machines. <Amended by Act No. 9621, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
| (4) | A manufacturer or an importer of agricultural machinery may, if he/she has an objection to a test for approval under paragraph (1) or a follow-up test under paragraph (3), file a written objection, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 9621, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
| (5) | With respect to a test for approval under paragraph (1) or a follow-up test under paragraph (3), matters necessary for the types, applications, standards and methods thereof, handling of products for testing purposes, publication of results of tests, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 9621, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
| (6) | A person who intends to receive a test for approval under paragraph (1) shall pay a fee, as determined by the Minister of Agriculture, Food and Rural Affairs. <Amended by Act No. 9621, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013> |
| Article 9-2 (Obligation to Attach Labels for Agricultural Machinery) |
| (1) | In order to make a clear distinction between machinery for agricultural purposes and machinery for other purposes and to ensure farmers’ right to know, every manufacturer or importer of agricultural machinery shall attach labels for agricultural use, on agricultural machines, such as tractors and power carts for agriculture, specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, which he/she manufactures or imports. |
| (2) | Detailed guidelines and methods for attaching such labels pursuant to paragraph (1), shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted by Act No. 13465, Aug. 11, 2015]
| Article 10 (Annulment and Cancellation of Tests for Approval, etc.) |
| (1) | If an agricultural machine passed a test for approval under Article 9 (1) by fraud or other improper means, the test for approval shall be annulled. |
| (2) | The Minister of Agriculture, Food and Rural Affairs may, if it is found as a result of a follow-up test under Article 9 (3) that an agricultural machine fails to meet standards for the test for approval under paragraph (5) of the aforesaid Article, place a ban on the delivery of such machine and issue an instruction to correct defects, or cancel the approval, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
| Article 11 (Follow-up Management, etc.) |
| (1) | A manufacturer, an importer, or a distributor of agricultural machinery, for which financial support is provided pursuant to Article 4 shall supply parts necessary for repairing such agricultural machinery, provide technical and educational materials, and carry out follow-up management, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A person who engages in follow-up management of agricultural machinery as a business shall be equipped with the facilities and technical human resources specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
| Article 12 (Safety Control) |
| (1) | and (2) Deleted. <by Act No. 14588, Mar. 14, 2017> |
| (3) | No owner or user of agricultural machines specified by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, such as tractors and combine harvesters for agriculture, (hereinafter referred to as "agricultural machinery subject to safety control") may arbitrarily alter or change the structure of any safety devices for agricultural machinery subject to safety control. <Amended by Act No. 14588, Mar. 14, 2017> |
| (4) | The Minister of Agriculture, Food and Rural Affairs may conduct investigations to find whether an owner or a user of an agricultural machine subject to safety control has safety devices attached to the machine and whether such owner or user has not altered or changed the structure of a safety device. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | An owner or user of an agricultural machine subject to safety control shall not reject, interfere with, or evade investigations under paragraph (4) without any justifiable cause. |
| (6) | Where an investigation under paragraph (4) is to be conducted, the date, time, purposes, and subject matter of the investigation shall be notified to related persons by no later than seven days prior to the investigation: Provided, That this shall not apply where an urgent measure is required or a prior notice is likely to frustrate the objective of investigation. |
| (7) | A person who intends to conduct an investigation of an agricultural machine subject to safety control pursuant to paragraph (4) shall carry an identification card indicating his/her authority and produce it to related persons. |
| (8) | The Minister of Agriculture, Food and Rural Affairs may order an owner or user of an agricultural machine to take corrective measures, if the owner or user arbitrarily altered or changed the structure of a safety device thereon in violation of paragraph (3). <Amended by Act No. 11690, Mar. 23, 2013> |
| (9) | Investigations of alteration or change of the structure of the safety devices pursuant to paragraph (4) or other necessary matters shall be prescribed by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 14588, Mar. 14, 2017> |
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
| Article 12-2 (Safety Education) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall formulate and implement a safety education plan each year to prevent any safety accident of agricultural machinery. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The scope of persons who need to undergo safety education under paragraph (1), the period and curriculum of such education, and other necessary matters shall be determined by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10834, Jul. 14, 2011]
| Article 12-3 (Designation of Testing Agencies) |
| (1) | In order to efficiently perform tests of agricultural machinery for approval under Article 9 (1), the Minister of Agriculture, Food and Rural Affairs may designate a person equipped with personnel and facilities necessary for testing, to perform all or some tests for approval on the Minister’s behalf. |
| (2) | A person who intends to be designated as a testing agency pursuant to paragraph (1) shall file an application therefor with the Minister of Agriculture, Food and Rural Affairs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | The effective period of the designation of a testing agency under paragraph (1) shall be three years from the date of designation. |
| (4) | A person who intends to continue to serve as a testing agency after the end of the effective period of the designation of the testing agency under paragraph (3) shall obtain re-designation on a three-yearly basis before the end of the effective period. |
| (5) | The standards and procedures for the designation and re-designation of testing agencies under paragraphs (1) through (4) and other matters necessary for testing for approval shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted by Act No. 11876, Jun. 12, 2013]
| Article 12-4 (Revocation, etc. of Designation of Testing Agency) |
| (1) | Where any testing agency falls under any of the following, the Minister of Agriculture, Food and Rural Affairs may revoke the designation of such testing agency or may order such testing agency to completely or partially suspend business operations for a period not exceeding six months: Provided, That the Minister of Agriculture, Food and Rural Affairs shall revoke the designation in cases falling under subparagraphs 1 through 3: |
| 1. | If a testing agency is designated by fraud or other improper means; |
| 2. | If a testing agency permits a third person to engage in testing for approval in the testing agency's name; |
| 3. | If a testing agency makes a false representation with regard to the results of a test; |
| 4. | If a testing agency is unable to continue testing for approval due to dissolution, insolvency, or any other grounds; |
| 5. | If a testing agency no longer satisfies any of the standards for the designation of testing agencies under Article 12-3; |
| 6. | If a testing agency violates any regulation prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs on testing for approval. |
| (2) | No person shall be re-designated as a testing agency before two years elapse after his/her designation as a testing agency is revoked under paragraph (1). |
| (3) | Further details about the guidelines for revocation of designation and suspension of business operations under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
[This Article Newly Inserted by Act No. 11876, Jun. 12, 2013]
| Article 13 (Entrustment of Agricultural Mechanization Projects) |
The Minister of Agriculture, Food and Rural Affairs may entrust a corporation, organization, or non-governmental entity that performs an agricultural mechanization project with some agricultural mechanization projects, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11876, Jun. 12, 2013]
| Article 13-2 (Assistance in Entering Overseas Markets) |
In order to promote entry into overseas markets for agricultural mechanization projects, the State or a local government may provide relevant information, provide counselling and coaching services for entry into overseas markets, hold international agricultural machinery fairs, and subsidize participants in such fairs for expenses incurred in such participation.
[This Article Newly Inserted by Act No. 11876, Jun. 12, 2013]
The Minister of Agriculture, Food and Rural Affairs shall hold a hearing in any of the following cases:
| 2. | The revocation of designation of a testing agency or the suspension of business operations under Article 12-4 (1). |
[This Article Wholly Amended by Act No. 11876, Jun. 12, 2013]
| Article 15 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may delegate part of his/her authority under this Act to the head of an agency under his/her jurisdiction or to the Administrator of the Rural Development Administration, or may be entrusted to a relevant legal entity or organization, as prescribed by Presidential Decree. <Amended by Act No. 10834, Jul. 14, 2011; Act No. 11690, Mar. 23, 2013> |
| (2) | The Administrator of the Rural Development Administration may re-delegate part of his/her authority delegated pursuant to paragraph (1) to the head of an agency under his/her jurisdiction, with approval from the Minister of Agriculture, Food and Rural Affairs. <Newly Inserted by Act No. 10834, Jul. 14, 2011; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
| Article 16 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Newly Inserted by Act No. 11876, Jun. 12, 2013]
| Article 17 Deleted. <by Act No. 5951, Mar. 31, 1999> |
| Article 18 (Administrative Fines) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding ten million won: <Amended by Act No. 11428, May 23, 2012; Act No. 13465, Aug. 11, 2015; Act No. 14588, Mar. 14, 2017> |
| 1. | A person who passes a test for approval under Article 9 (1) by fraud or other improper means; |
| 1-2. | A person who fails to undergo a test for approval in violation of Article 9 (1); |
| 1-3. | Deleted; <by Act No. 14588, Mar. 14, 2017> |
| 2. | A person who sells or distributes agricultural machinery, without a test for approval or found non-compliant as a result of a test for approval, in violation of Article 9 (2); |
| 3. | A person who fails to attach a label for agricultural use, or who attaches a false label, in violation of Article 9-2 (1); |
| 4. | A person who uses a label for agricultural use, in violation of guidelines and methods for attaching such label referred to in Article 9-2 (2). |
| (2) | A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding one million won: |
| 1. | A person who rejects, interferes with, or evades an investigation in violation of Article 12 (5) without any justifiable cause; |
| 2. | A person who fails to comply with an order of correction under Article 12 (8). |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9621, Apr. 1, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Low-Cost Agricultural Machines)
Low-cost agricultural machines tested pursuant to the former provisions of Article 14 shall be deemed to have successfully passed a test of agricultural machinery for approval under Article 9. Article 3 (Transitional Measure concerning Application of Penalty Provisions)
In applying penalty provisions to acts committed before this Act enters into force, the former provisions shall apply.
Article 4 Omitted.
Article 5 (Relationship to Other Statutes)
A citation to any provision of the former Agricultural Mechanization Act by any other statute in force at the time this Act enters into force shall be deemed a citation to a corresponding provision of this Act in lieu of the former provision, if such corresponding provision exists in this Act.
ADDENDA <Act No. 4861, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the enforcement date of the Presidential Decree on the Organization of the Ministry of Maritime Affairs and Fisheries and the Korea Coast Guard under the amended provisions of Article 41 within 30 days after the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5759, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2000. (Proviso Omitted.)
Articles 2 through 18 Omitted.
ADDENDUM <Act No. 5951, Mar. 31, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7775, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation: Provided, That ··· <omitted> ··· the amended provisions of Article 4 of the Addenda shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9276, Dec. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9621, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 (Transitional Measures concerning Tests of Agricultural Machines)
| (1) | Agricultural machines that have successfully passed a test in accordance with the former provisions and agricultural machines that have successfully passed a test under paragraph (2), as at the time this Act enters into forces, shall be deemed to have successfully passed the test for approval under the amended provisions of Article 9. |
| (2) | Notwithstanding the amended provisions of Article 9, agricultural machines, the test of which has been applied for as at the time this Act enters into force, shall be governed by the former provisions. |
Article 3 (Transitional Measures concerning Safety Control)
Safety devices attached in accordance with former provisions as at the time the amended provisions of Article 12 (1) enter into force pursuant to the proviso to Article 1 of the Addenda shall be deemed to have been attached and confirmed by the Minister for Food, Agriculture, Forestry and Fisheries pursuant to the amended provisions of Article 12 (1). Article 4 Omitted.
ADDENDA <Act No. 9717, May 27, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10834, Jul. 14, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11095, Nov. 22, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11428, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Testing Agricultural Machinery for Approval)
The amended provisions of Article 9 (1) shall begin to apply from the first agricultural machine manufactured or imported after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11876, Jun. 12, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Preferential Selection of Persons Eligible for Rental Services for Agricultural Machinery)
The amended provisions of Article 8-2 (2) shall begin to apply from the first rental business entity for agricultural machinery that leases an agricultural machine to a person eligible for rental services after this Act enters into force. Article 3 (Relationship to Other Statutes)
A citation to the former Agricultural Mechanization Act or any provision thereof by any other statute in force at the time this Act enters into force shall be deemed a citation to this Act or a corresponding provision of this Act in lieu of the former Agricultural Mechanization Act or the former provision, if such corresponding provision exists in this Act.
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.
ADDENDA <Act No. 13465, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Obligation to Attach Labels for Agricultural Machinery)
The amended provisions of Article 9-2 shall begin to apply from the first agricultural machine manufactured or imported after this Act enters into force.
ADDENDA <Act No. 14588, Mar. 14, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
The application of administrative fines to acts committed before this Act enters into force shall be subject to the former provisions.
ADDENDUM <Act No. 15388, Feb. 21, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15770, Sep. 18, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16071, Dec. 24, 2018>
This Act shall enter into force six months after the date of its promulgation.