ACT ON LABELING AND ADVERTISING OF FOODS
Act No. 15483, Mar. 13, 2018
Amended by Act No. 17091, Mar. 24, 2020
Act No. 17246, Apr. 7, 2020
The purpose of this Act is to contribute to consumer protection by ensuring that foods, etc. are accurately labeled and advertised thus guaranteeing right to know for consumers and establishing sound trading practices.
The terms used in this Act are defined as follows:
| 4. | The term “container or package” has the same meaning as defined in subparagraph 5 of Article 2 of the Food Sanitation Act (including containers and packages imported from overseas); |
| 7. | The term “label (or labeling)” means letters, figures or graphic matters written or printed upon any food, food additive, apparatus, container, package, health functional food or livestock product (hereinafter referred to as “food, etc.”) or upon any of its containers or wrappers (including paper, etc. attached to the inside of such containers or wrappers); |
| 8. | The term “nutrition facts label (or labeling)” means the display of information about nutrients, such as the amount of nutrients contained in a food, food additive, health functional food and livestock product; |
| 9. | The term “sodium content comparison label (or labeling)” means the display of the sodium content in a food in comparison with the sodium content in any food of the same or a similar type using colors and charts that are readily understandable by consumers; |
| 10. | The term “advertising” means the act of displaying or providing information about a food, etc. using voice, sound or images through radio, television, newspapers, magazines, the Internet, printed matters, billboards or by any other means; |
| 11. | The term “business entity” means any of the following: |
| Article 3 (Relationship to Other Statutes) |
This Act shall prevail over other statutes with respect to the labeling and advertising of food, etc.
| Article 4 (Labeling Standards) |
| (1) | A food, etc. shall be labeled with the following information: Provided, That part of the following information may be stated on the label of a food, etc. in any case prescribed by Ordinance of the Prime Minister: |
| 1. | Food, food additive or livestock product: |
| (a) | Product name, net quantity and names of ingredients; |
| (b) | Name and location of the place of business; |
| (c) | Warnings for consumer safety; |
| (d) | Date of manufacture, sell-by date or best before date; |
| (e) | Any other necessary matters prescribed by Ordinance of the Prime Minister to provide consumers with information about the food, food additive or livestock product; |
| 2. | Apparatus, container or package: |
| (b) | Name and location of the place of business; |
| (c) | Warnings for consumer safety; |
| (d) | Any other necessary matters prescribed by Ordinance of the Prime Minister to provide consumers with information about the apparatus, container or package; |
| 3. | Health functional food: |
| (a) | Product name, net quantity and names of ingredients; |
| (b) | Name and location of the place of business; |
| (c) | Sell-by date and storage instructions; |
| (d) | Dosage, suggested use and warnings of use; |
| (e) | An expression or mark describing that the product is a functional health food; |
| (f) | A statement that this health functional food is not a drug intended to prevent, treat or cure any disease; |
| (h) | Any other necessary matters prescribed by Ordinance of the Prime Minister to provide consumers with information about the health functional food. |
| (2) | Persons obligated to label food, etc. under paragraph (1) and labeling guidelines, such as information to be stated, type sizes and locations, shall be prescribed by Ordinance of the Prime Minister. |
| (3) | No food, etc. not bearing a label required under paragraph (1) or violating the labeling guidelines under paragraph (2) shall be sold, manufactured, processed, repackaged in smaller amounts (referring to the apportionment of a finished product into smaller amounts and repackaging such product for distribution; hereinafter the same shall apply), imported, packaged, stored, displayed or transported for sale, or used for business. |
| Article 5 (Nutrition Facts Label) |
| (1) | A person who manufactures, processes, repackages in smaller amounts or imports a food, etc. (excluding any apparatus, container and package; hereafter the same shall apply in this Article) shall place a nutrition facts label on foods, etc. prescribed by Ordinance of the Prime Minister. |
| (2) | Matters necessary for nutrition facts under paragraph (1) and labeling guidelines shall be prescribed by Ordinance of the Prime Minister. |
| (3) | No food, etc. not bearing the nutrition facts label required under paragraph (1) or violating the labeling guidelines under paragraph (2) shall be sold, manufactured, processed, repackaged in smaller amounts, imported, packaged, stored, displayed or transported for sale, or used for business. |
| Article 6 (Sodium Content Comparison Label) |
| (1) | A person who manufactures, processes, repackages in smaller amounts or imports a food, etc. shall place a sodium content comparison label on food, etc. prescribed by Ordinance of the Prime Minister. |
| (2) | Standards for the sodium content comparison label required under paragraph (1), labeling guidelines and other necessary matters shall be prescribed by Ordinance of the Prime Minister. |
| (3) | No food, etc. not bearing a sodium content comparison label required under paragraph (1) or violating the labeling guidelines under paragraph (2) shall be sold, manufactured, processed, repackaged in smaller amounts, imported, packaged, stored, displayed or transported for sale, or used for business. |
| Article 7 (Advertising Standards) |
| (1) | The advertising of a food, etc. shall contain the name of the food, etc. and the name of the place of business. |
| (2) | Except as provided in paragraph (1), matters to be complied with in advertising foods, etc. shall be prescribed by Ordinance of the Prime Minister. |
| Article 8 (Prohibition of False Labeling or Advertising) |
| (1) | No person shall label or advertise a food, etc. with respect to the matters prescribed by Presidential Decree, such as the name, manufacturing methods, or ingredients of the food, etc., in any of the following manners: |
| 1. | Labeling or advertising a food, etc. to mislead consumers into believing that the food, etc. is effective in preventing, treating, or curing any disease; |
| 2. | Labeling or advertising a food, etc. to mislead consumers into believing that the food, etc. is a drug; |
| 3. | Labeling or advertising a food, etc. to mislead consumers into believing that the food, etc. is a health functional food; |
| 4. | Labeling or advertising a food, etc. in a false or exaggerated manner; |
| 5. | Labeling or advertising a food, etc. in a deceptive manner; |
| 6. | Labeling or advertising any company or its product in a slanderous manner; |
| 7. | Labeling or advertising a company or its food, etc., by means of false comparison with another business entity or its food, etc. without objective evidence; |
| 8. | Labeling or advertising in a manner that seriously disturbs public order or social morality using an expression which encourages speculation or is obscene; |
| 9. | Labeling or advertising without a review required under Article 10 (1) or without following the review results in violation of Article 10 (4). |
| (2) | Further details about the labeling and advertising described in each subparagraph of paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 9 (Substantiation of Claims in Labeling or Advertising) |
| (1) | A person who labels or advertises a food, etc. shall substantiate claims made in the labeling or advertising. |
| (2) | Where deemed necessary to substantiate claims for a food, etc. on the grounds that the labeling or advertising of the food, etc. is likely to violate Article 8 (1), the Minister of Food and Drug Safety may specifically make such statements on the label of the food, etc. or request the person who advertised such food, etc. to submit substantiating information. |
| (3) | A person who is requested to submit substantiating information in accordance with paragraph (2) shall submit such information to the Minister of Food and Drug Safety within 15 days of the receipt of such request: Provided, That the Minister of Food and Drug Safety may extend the period for submission if the Minister deems that there is good cause. |
| (4) | Where a person who is requested to submit substantiating information in accordance with paragraph (2) continues to label or advertise a food, etc. without submitting substantiating information within the period for submission specified in paragraph (3), the Minister of Food and Drug Safety may issue an order suspending the labeling or advertising of the food, etc. until the person submits substantiating information. |
| (5) | Where a person who is requested to submit substantiating information in accordance with paragraph (2) submits such information, the person may refuse to submit the information requested by another agency under the Act on Fair Labeling and Advertising or other statutes: Provided, That the person shall not refuse to submit such information if the Minister of Food and Drug Safety is unable to provide the agency with the substantiating information he or she has received under paragraph (6). |
| (6) | Where another agency requests substantiating information the Minister of Food and Drug Safety has received under the Act on Fair Labeling and Advertising or other statutes, he or she shall comply with such request unless there is a compelling reason not to do so. |
| (7) | Matters necessary for the objects of substantiation, the scope of and requirements for substantiating information and methods of submission under paragraphs (1) through (4) shall be prescribed by Ordinance of the Prime Minister. |
| Article 10 (Voluntary Review of Labeling or Advertising) |
| (1) | A person who intends to label or advertise a food, etc. shall seek a review of the labeling or advertising from an institution or organization registered under paragraph (2) (hereinafter referred to as “voluntary review board”): Provided, That the person shall seek a review of the labeling or advertising from the Minister of Food and Drug Safety, as prescribed by Presidential Decree, if no voluntary review board is established. |
| (2) | Any of the following institutions or organizations that intend to review the labeling and advertising of foods, etc. under paragraph (1) shall satisfy the requirements prescribed by Presidential Decree, including the review committee under Article 11, and shall be registered with the Minister of Food and Drug Safety: |
| (3) | A voluntary review board shall conduct reviews fairly in accordance with Articles 4 through 8, and shall not restrict any business entity from labeling or advertising a food, etc. or from providing information to consumers without good cause. |
| (4) | A person whose labeling or advertising is reviewed under paragraph (1) shall label or advertise a food, etc. based on the review results: Provided, That a person who is dissatisfied with the review results may file an objection with the Minister of Food and Drug Safety, as prescribed by Presidential Decree, within 30 days from the notice of such results. |
| (5) | A person who seeks a review of the labeling or advertising under paragraph (1) shall pay a fee to a voluntary review board, etc. |
| (6) | Where a voluntary review board violates paragraph (3), the Minister of Food and Drug Safety may issue an order requiring the correction of such violation. |
| (7) | The Minister of Food and Drug Safety may revoke the registration of a voluntary review board in any of the following cases: |
| 1. | Where it fails to meet requirements for registration under paragraph (2); |
| 2. | Where the voluntary review board fails to conduct reviews fairly or restricts any business entity from labeling or advertising a food, etc. or from providing information to consumers without good cause in violation of paragraph (3); |
| 3. | Where the voluntary review board fails to comply with a corrective order issued under paragraph (6) without good cause. |
| (8) | Foods, etc. the labeling or advertising for which requires a review under paragraph (1), the method and procedure for registration under paragraph (2) and other necessary matters shall be prescribed by Ordinance of the Prime Minister. |
| Article 11 (Establishment and Operation of Regional Council on International Cultural Exchanges) |
A voluntary review board shall establish and operate a review committee that is comprised of at least 10 to 25 members to review the labeling and advertising of foods, etc., and members of the review committee shall be appointed by the head of the voluntary review board from among the following persons. In such cases, at least each one person under subparagraphs 1 through 5 shall be included in the members, and the number of persons under subparagraph 1 shall not exceed 1/3 of the number of all members:
| 1. | A person working in the food industry or relevant industry; |
| 5. | Any other person with abundant knowledge and experience in the labeling or advertising of foods, etc. |
| Article 12 (Advice on Labeling or Advertising Policies) |
| (1) | An advisory committee on the labeling and advertising of foods, etc. may be established under the supervision of the Ministry of Food and Drug Safety to study and review the labeling or advertising policies of foods, etc. and relevant matters to advise the Minister of Food and Drug Safety thereon. |
| (2) | Notwithstanding paragraph (1), the Minister of Food and Drug Safety may permit each of the following committees to advise him or her on foods, etc. classified in the following: |
| 2. | Labeling and advertising of foods, food additives, apparatus, containers or packages: The Food Sanitation Deliberation Committee established under Article 57 of the Food Sanitation Act; |
| Article 13 (Education and Publicity for Consumers) |
| (1) | The Minister of Food and Drug Safety shall provide education and publicity about the labeling and advertising of foods, etc. to consumers for the enjoyment of healthy dietary lifestyles. |
| (2) | The Minister of Food and Drug Safety may entrust the education and publicity stated in paragraph (1) to an institution or organization prescribed by Presidential Decree. |
| (3) | Matters necessary for the details of education and publicity under paragraph (1) shall be prescribed by Ordinance of the Prime Minister. |
| Article 14 (Corrective Orders) |
The Minister of Food and Drug Safety, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gu/Gun (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) may order any of the following persons to undertake the necessary correction:
| 1. | A person who sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays, or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 4 (3), 5 (3), or 6 (3); |
| 2. | A person who fails to comply with the advertising standards in violation of Article 7; |
| 3. | A person who labels or advertises a product in violation of Article 8 (1); |
| 4. | A person who fails to submit substantiating information in violation of Article 9 (3). |
| Article 15 (Recall and Destruction of Harmful Food) |
| (1) | A business entity that manufactures, processes, repackages in smaller amounts or imports a food, etc. for sale or sells a food, etc. shall without delay recall, or take measures necessary to recall, the food, etc. on the market if the business entity becomes aware that such food, etc. has violated Article 4 (3) or 8 (1) (excluding any violation not relevant to the harmfulness of foods, etc.). |
| (2) | A business entity that intends to recall, or take measures necessary to recall, a harmful food, etc. under paragraph (1) shall report in advance its recall plan to the Minister of Food and Drug Safety, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. In such cases, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu in receipt of the recall plan shall without delay report such plan to the Minister of Food and Drug Safety. |
| (3) | Where a business entity violates Article 4 (3) or 8 (1), the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall have a relevant public official seize or destroy the food, etc. involved in the violation or order the business entity to take measures eliminating the harmfulness of such food, etc., specifying the use and the method of disposal. |
| Article 16 (Suspension of Business) |
| (1) | The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order the suspension of all or part of business of a licensed or registered business entity for a period not exceeding six months or may revoke the business license or registration of such entity in any of the following cases: |
| 1. | Where the licensed or registered business entity sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 4 (3), 5 (3), or 6 (3); |
| 2. | Where the licensed or registered business entity labels or advertises a food, etc. in violation of Article 8 (1); |
| 3. | Where the holder violates an order issued under Article 14; |
| 4. | Where the licensed or registered business entity fails to recall, or to take measures necessary to recall, a harmful food, etc. in violation of Article 15 (1); |
| 5. | Where the licensed or registered business entity fails to report, or falsely reports, a recall plan in violation of Article 15 (2); |
| 6. | Where he/she violates an order issued under Article 15 (3). |
| (2) | The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may revoke the business license or registration of a licensed or registered business entity if such business entity continues to conduct business in violation of an order suspending all or part of business under paragraph (1). |
| (3) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu may order the suspension of all or part of business of a business entity that filed a report to conduct business for a period not exceeding six months or may order the closure of the place of business of such business entity in any of the following cases: |
| 1. | Where the licensed or registered business entity sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 4 (3), 5 (3), or 6 (3); |
| 2. | Where the licensed or registered business entity labels or advertises a food, etc. in violation of Article 8 (1); |
| 3. | Where the holder violates an order issued under Article 14; |
| 4. | Where the licensed or registered business entity fails to recall, or to take measures necessary to recall, a harmful food, etc. in violation of Article 15 (1); |
| 5. | Where the licensed or registered business entity fails to report, or falsely reports, a recall plan in violation of Article 15 (2); |
| 6. | Where he/she violates an order issued under Article 15 (3); |
| (4) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu may order the disclosure of the place of business of a business entity that filed a report to conduct business if the business entity continues to conduct business in violation of an order requiring such business entity to suspend business under paragraph (3). |
| (5) | Standards for administrative dispositions under paragraphs (1) through (3) shall be prescribed by Ordinance of the Prime Minister in consideration of the types, severity, etc. of violations. |
| Article 17 (Suspension of Manufacture of Items) |
| (1) | The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may order a business entity to suspend the manufacture of a food, etc. of the item or type of item (referring to all items manufactured or processed subject to the same standards and specifications, among the standards and specifications under Articles 7 and 9 of the Food Sanitation Act or Article 14 of the Health Functional Foods Act; hereinafter the same shall apply) for a specified period not exceeding six months in any of the following cases: |
| 1. | Where the business entity sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays, or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 4 (3); |
| 2. | Where the licensed or registered business entity labels or advertises a food, etc. in violation of Article 8 (1). |
| (2) | Detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Prime Minister in consideration of the types, severity, etc. of violations. |
| Article 18 (Succession to Effects of Administrative Sanctions) |
Where a business is succeeded by a transferee, heir, corporation surviving a merger or corporation formed by a merger (hereafter referred to as “transferee, etc.” in this Article) in accordance with Article 11 of the Health Functional Foods Act, Article 16 of the Special Act on Imported Food Safety Control, Article 39 of the Food Sanitation Act or Article 26 of the Livestock Products Sanitary Control Act, the disposition of an administrative sanction imposed on a business entity that transferred the business for a violation of any subparagraph of Article 16 (1) or (3) or 17 (1) or the disposition of an administrative sanction imposed under Article 16 (2) or (4) on a business entity that transferred the business shall remain in effect with respect to the transferee, etc. for a one-year period beginning on the date the sanction period ends; and where the procedure for imposing an administrative sanction is ongoing, the procedure may continue with respect to the transferee, etc.: Provided, That the foregoing shall not apply where the transferee, etc. (excluding any person who succeeded to a business by inheritance) proves that such transferee, etc. did not know of the administrative sanction or violation as at the time of succession of the business.
| Article 19 (Imposition of Penalty Surcharges in Lieu of Business Suspension) |
| (1) | The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may impose a penalty surcharge of not more than one billion won on a business entity subject to an order requiring the business entity to suspend business or to suspend manufacturing of food, etc. for a violation of any subparagraph of Article 16 (1) or (3) or 17 (1) in lieu of such order, if the Minister deems that such order would cause serious inconvenience to users or would otherwise be contrary to the public interest: Provided, That the foregoing shall not apply in circumstances prescribed by Ordinance of the Prime Minister under which a business entity is subject to an order under Article 16 (1) or (3) or 17 (1) for a violation of Article 4 (3) or 8 (1). |
| (2) | Where necessary to impose a penalty surcharge on a business entity under paragraph (1), the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may make a written request to the head of the competent tax office to provide tax information and such request shall contain the following information: |
| 1. | The relevant taxpayer's personal information; |
| 2. | The purpose of using the tax information; |
| 3. | Sales served as a basis for assessing the penalty surcharge. |
| (3) | Where a business entity fails to pay a penalty surcharge imposed under paragraph (1) by the due date, the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall revoke the penalty surcharge imposed under paragraph (1) and issue to the business entity an order requiring it to suspend business under Article 16 (1) or (3) or to suspend manufacturing of an item or type of item under Article 17 (1) as prescribed by Presidential Decree; or may collect the penalty surcharge in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges: Provided, That the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall collect the penalty surcharge in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges if it is not possible to issue an order suspending business or the manufacture of an item or type of item on any of the following grounds: <Amended on Mar. 24, 2020> |
| (4) | The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may verify the following information through the administrative information sharing service under Article 36 (1) of the Electronic Government Act if necessary to collect an unpaid penalty surcharge in accordance with paragraph (3): |
| 2. | A certified copy of the land cadastre under Article 71 of the Act on the Establishment, Management of Spatial Data; |
| (5) | Penalty surcharges under paragraph (1) and the proviso of paragraph (3), with the exception of its subparagraphs, shall devolve to the State if imposed and collected by the Minister of Food and Drug Safety; devolve to the Food Promotion Fund (referring to the Food Promotion Fund established under Article 89 of the Food Sanitation Act; hereafter the same shall apply in this paragraph) of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do or a Special Self-Governing Province (hereinafter referred to as “City/ Do”) if imposed and collected by a Mayor/Do Governor; and devolve to the Food Promotion Fund of a City/Do or Si/Gun/Gu (a Gu means an autonomous Gu) as prescribed by Presidential Decree if imposed and collected by the head of a Si/Gun/Gu. |
| (6) | Types of violations subject to penalty surcharges under paragraph (1), the amount of penalty surcharges based on the severity of violations, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 20 (Imposition of Penalty Surcharges for False Labeling or Advertising) |
| (1) | The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall impose a penalty surcharge on a person to whom an order requiring the suspension of business for more than two months was issued under Article 16 (1) or (3); whose business license or registration was revoked under Article 16 (1) or (2); or to whom an order requiring the closure of the place of business was issued under Article 16 (3) or (4) for violating Article 8 (1) 1 through 3 in the amount equal to the selling price of the food, etc. sold by such person. |
| (2) | Where a person fails to pay a penalty surcharge imposed under paragraph (1) by the due date or in any case provided in the subparagraphs of Article 19 (3), the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall collect the penalty surcharge in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Non-Tax Revenue. <Amended Mar. 24, 2020> |
| (3) | Article 19 (4) and (5) shall apply mutatis mutandis to the collection procedure and devolution of penalty surcharges imposed under paragraph (1) and other necessary matters. |
| (4) | The amount of a penalty surcharge under paragraph (1) shall be assessed as prescribed by Presidential Decree. |
| Article 21 (Announcement of Violations) |
| (1) | The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall publish the business information of a business entity for which an administrative disposition was confirmed under Articles 15 through 20, including the details of the disposition, the name of the relevant place of business, and the names of the foods, etc. involved in the violation. |
| (2) | Matters necessary for the objects of publication under paragraph (1), the methods and procedures therefor, etc. shall be prescribed by Presidential Decree. |
| Article 22 (State Subsidies) |
The Minister of Food and Drug Safety may fully or partially subsidize expenses incurred in the disposal of a food, etc. under Article 15 (3) within the budget.
The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall hold a hearing to revoke the registration of a voluntary review board under Article 10 (7); to revoke the business license or registration of a business entity under Article 16 (1) or (2); or to order the closure of a place of business under Article 16 (3) or (4).
| Article 24 (Delegation and Entrustment of Authority) |
| (1) | The authority vested in the Minister of Food and Drug Safety under this Act may be partially delegated to the head of an institution under the control of the Minister or a Mayor/Do Governor as prescribed by Presidential Decree. |
| (2) | The duties of the Minister of Food and Drug Safety prescribed in this Act may be partially entrusted to a relevant specialized institution or organization as prescribed by Presidential Decree. |
| Article 25 (Persons Deemed to be Public Officials for Purposes of Penalty Provisions) |
| Article 26 (Penalty Provisions) |
| (1) | Any person who labels or advertises in violation of Article 8 (1) 1 through 3 shall be punished by imprisonment with labor for not more than 10 years or by a fine of not more than 100 million won, or both. |
| (2) | Where a person sentenced for a crime under paragraph (1) re-commits the crime under paragraph (1) within five years after the punishment has become final, such person shall be punished by imprisonment with labor for not less than one year but not more than 10 years. |
| (3) | In the case of paragraph (2), a person who sold food, etc. shall be punished by a fine of not less than four times but not more than 10 times the selling price of the food, etc. |
| Article 27 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine of not more than 50 million won, or both:
| 1. | A person who sells a health functional food, manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a health functional food for sale, or uses a health functional food for business, in violation of Article 4 (3); |
| 2. | A person who labels or advertises in violation of Article 8 (1) 4 through 9; |
| 3. | A person who fails to recall, or to take measures necessary to recall, a harmful food, etc. under Article 15 (1); |
| 4. | A person who violates the order as prescribed in Article 15 (3); |
| Article 28 (Penalty Provisions) |
Each of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:
| 1. | A person who sells a food, etc. (excluding health functional foods); manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 4 (3); |
| 2. | A person who fails to comply with an order suspending the manufacture of an item or type of item under Article 17 (1); |
| 4. | A person who filed a report to conduct business under Article 37 (4) of the Food Sanitation Act who continues to conduct business in violation of an order requiring the suspension of business or closure of the place of business under Article 16 (3) or (4); |
| Article 29 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine of not more than 10 million won: Provided, That imprisonment with labor and a fine may be imposed concurrently, in the case of subparagraph 1:
| 1. | A person who continues to label or advertise in violation of a suspension order issued under Article 9 (4); |
| 2. | A person who fails to report a recall plan required under Article 15 (2) or falsely reports thereon. |
| Article 30 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, or employee of or other persons employed by a corporation or an individual commits an offense falling under any of Articles 26 through 29 in relation to affairs of such corporation or individual, not only shall the person who commits such offense be punished but such corporation or individual also shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where the corporation or the individual has not neglected to pay due attention to or exercise reasonable supervision over the relevant affairs to prevent such offense.
| Article 31 (Administrative Fine) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Apr. 7, 2020> |
| 1. | A person who sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 5 (3); |
| 2. | A person who sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 6 (3). |
| (2) | Any person who advertises in violation of Article 7 shall be subject to an administrative fine of not more than three million won. |
| (3) | The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree. |
ADDENDA <Act No. 15483, Mar. 13, 2018>
Article 1 (Date of Enforcement)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (General Transitional Measures)
Article 3 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 17246, Apr. 7, 2020>
This Act shall enter into force on the date of promulgation.