CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to establish infrastructure for the development of the stone industry, promote the enhancement of competitiveness of the stone industry, and contribute to robust development of the stone industry by providing for matters necessary for the promotion of the stone industry.
The terms used in this Act shall be defined as follows:
| 1. | The term “stone” means rock to be used for building works, crafts, landscaping, crushed aggregate, and civil engineering works (including extracted or processed one); |
| 2. | The term “stone industry” means the industry of extraction, processing, distribution, sale, exportation, and importation of stone, of exhibition, experiencing services, research and tourism, utilizing stone, and of provision of other goods or services relating to stone; |
| 3. | The term “stone business operator” means a person who engages in the stone industry; |
| 4. | The term “traditional stone product” means a product produced and processed by using domestic stone as a main material according to traditional principles, through which unique Korean stone technology can be inherited and developed. |
| Article 3 (Responsibilities of the State and Local Government) |
The State and local governments shall establish and implement a policy necessary for promoting and supporting the stone industry.
| Article 4 (Relationship to Other Statutes) |
With regard to the promotion of the stone industry, this Act shall prevail over other statutes.
CHAPTER II COMPREHENSIVE PLAN FOR DEVELOPMENT OF STONE INDUSTRY AND ESTABLISHMENT OF INFRASTRUCTURE
| Article 5 (Establishment and Implementation of Comprehensive Plan) |
| (1) | The Minister of Korea Forest Service shall establish a five-year comprehensive plan every five years for the promotion of the stone industry (hereinafter referred to as “comprehensive plan”) in order to promote the stone industry. |
| (2) | The comprehensive plan shall include the following matters: |
| 1. | Basic direction-setting for the promotion of the stone industry; |
| 2. | Strategies for the development of the stone industry and the establishment of infrastructure; |
| 3. | The support and promotion of the stone industry; |
| 4. | The prevention of destruction of mountainous districts by extracting stone; |
| 5. | The boosting and publicity of the use of stone, including traditional stone products; |
| 6. | Measures for recycling byproducts and wastes from stone processing and research and development therefor; |
| 7. | Other matters necessary for the promotion of the stone industry. |
| (3) | The Minister of Korea Forest Service shall collect opinions from the heads of the central administrative agencies concerned in order to implement the comprehensive plan and shall establish and implement an annual implementation plan every year. |
| (4) | Other matters necessary for the establishment and implementation of comprehensive plans and implementation plans shall be prescribed by Presidential Decree. |
| Article 6 (Current Situation Surveys) |
| (1) | The Minister of Korea Forest Service may conduct current situation surveys on the stone industry in order to efficiently establish comprehensive plans, implementation plans, and other policies necessary for the promotion of the stone industry. |
| (2) | If necessary for a current situation survey under paragraph (1), the Minister of Korea Forest Service may request the heads of the central administrative agencies concerned, the heads of local governments, the heads of public institutions under Article 4 of the Act on the Management of Public Institutions, relevant research institutes and organizations, or stone business operators to provide necessary materials and information or to present their opinions. The persons requested to provide materials or information or to present opinions in such cases shall comply with the request, unless there is a compelling reason not to do so. |
| (3) | The details of, and the procedure for, the current situation surveys under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 7 (Training of Specialized Human Resources for Stone Industry) |
| (1) | The State and local governments may train specialized human resources for the promotion of the stone industry. |
| (2) | The Minister of Korea Forest Service may designate the universities defined in Article 2 of the Higher Education Act and the research institutes, institutions or organizations established for the purpose of research, study, etc. for the promotion of the stone industry to authorize them to conduct educational and training programs to train specialized human resources under paragraph (1) and may fully or partially subsidize them for necessary expenses for such educational and training programs in accordance with Presidential Decree. |
| (3) | Matters concerning the designation of institutions for training specialized human resources under paragraph (2), the revocation of such registration, and education and training and other necessary matters shall be prescribed by Presidential Decree. |
| Article 8 (Promotion of Development of Technologies) |
| (1) | The Minister of Korea Forest Service may promote research, development, and industrialization of related technologies in order to promote the stone industry. |
| (2) | The Minister of Korea Forest Service may subsidize persons who research, develop, or industrialize technologies relating to the stone industry under paragraph (1) for necessary expenses in accordance with Presidential Decree. |
| Article 9 (Registration of Stone Extraction Businesses) |
| (1) | A person who intends to operate a stone extraction business shall meet the requirements prescribed by Presidential Decree concerning equity capital, personnel, etc. and shall register the business with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over the location of its principal place of business (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as “Mayor or other competent authority”): Provided, That a person who has an aggregate extraction business registered under Article 14 of the Aggregate Extraction Act shall be deemed to have the business registered under this Act. |
| (2) | A person who intends to operate a business of processing stone in the stone industry shall meet the requirements prescribed by Presidential Decree concerning facilities, human resources, etc. and may register the business with the Mayor or other competent authority having jurisdiction over the location of his or her principal place of business. |
| (3) | The Mayor or other competent authority shall issue a certificate of registration to a person who has a business of extracting or processing stone (hereinafter referred to as “stone extraction or processing business”) registered under the main clause of paragraph (1) and paragraph (2) (hereinafter referred to as “stone extraction or processing business operator”). |
| (4) | When a stone extraction or processing business operator intends to amend any registered matter specified by Presidential Decree or transfer or merge his or her business, he or she shall report it to the Mayor or other competent authority in accordance with Presidential Decree. |
| (5) | A stone extraction or processing business operator shall not allow any other person to operate his or her stone extraction or processing business in his or her trade name or name nor shall lend his or her certificate of registration to any other person. |
| (6) | Matters necessary for the registration of a stone extraction or processing business under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
| Article 10 (Disqualifications) |
Any of the following persons shall not qualify for the registration of a stone extraction or processing business. In cases of a corporation, the same shall also apply where one of its executive officers falls under any of the following subparagraphs:
| 1. | A person declared bankrupt and not yet reinstated; |
| 2. | A person in whose case two years have not passed since the registration of his or her stone extraction or processing business was revoked; |
| 3. | A person in whose case two years have not passed since his or her imprisonment with labor or greater punishment sentenced by a court was completely executed or he or she was discharged from such imprisonment for a violation of this Act (including cases where the execution of such sentence is deemed to have been completed); |
| 4. | A person who is under suspension of the execution of imprisonment with labor or greater punishment sentenced to him or her by a court for a violation of this Act. |
| Article 11 (Revocation of Registration) |
| (1) | If a stone extraction or processing business operator falls under any of the following subparagraphs, the Mayor or other competent authority may revoke the registration of the stone extraction or processing business or may order the business operator to suspend business operations for a prescribed period not exceeding six months: Provided, That in cases of subparagraph 1 or 2, the Mayor or other competent authority shall revoke the registration of the stone extraction or processing business: |
| 1. | If a stone extraction or processing business operator registers his or her business under the main clause of Article 9 (1) or Article 9 (2) by fraud or other improper means; |
| 2. | If a stone extraction or processing business operator falls under any subparagraph of Article 10; |
| 3. | If a stone extraction or processing business operator omits to submit a report under Article 9 (4); |
| 4. | If a stone extraction or processing business operator violates Article 9 (5); |
| 5. | If a stone extraction or processing business operator ceases to meet the requirements for the registration of a stone extraction business or other relevant business; |
| 6. | If a stone extraction or processing business operator omits to submit a report under Article 22 (1) or refuses, obstructs, or evades an inspection, without good cause; |
| 7. | If a stone extraction or processing business operator continues business operations during a period of suspension of business operations. |
| (2) | Detailed guidelines for administrative dispositions under paragraph (1) shall be prescribed by Presidential Decree, in consideration of the types and degrees of violations. |
| (3) | When the Mayor or other competent authority intends to revoke the registration under the main clause of Article 9 (1) or Article 9 (2), he or she shall hold hearings. |
| (4) | If a person registered as a person engaging in a business of extracting stone (hereinafter referred to as “stone extraction business”) in the stone industry under Article 9 (1) (hereinafter referred to as “stone extraction business operator”) has his or her registration revoked under paragraph (1), such person shall not operate the stone business from the date of revocation: Provided, That such person may continue to distribute stone only for the contracts made before the registration is revoked to distribute stone. |
CHAPTER III PROMOTION OF STONE INDUSTRY
| Article 12 (Assistance in Exhibition and Publicity for Stone Industry) |
| (1) | The Minister of Korea Forest Service or the Special Metropolitan City Mayor or a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) may fully or partially subsidize persons who establish and operate facilities for exhibiting traditional stone products, etc. for the boosting and publicity of the stone industry for necessary expenses, within the budget. |
| (2) | Necessary matters concerning the eligibility, guidelines, methods, etc. of the assistance under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 13 (Assistance to Stone Industry) |
| (1) | The Minister of Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as “Minister of Korea Forest Service or other competent authority”) may implement policies for assisting stone business operators in securing good-quality stone and developing and expanding markets and for providing business consulting services, etc. to them. |
| (2) | The Minister of Korea Forest Service or other competent authority may fully or partially subsidize stone business operators engaging in the following business activities or lend loans to them for necessary expenses for such business activities or provide technical assistance to them in order to establish infrastructure for the stone industry: |
| 1. | The establishment, maintenance, alteration, or improvement of facilities and equipment necessary for the extraction, processing, distribution, sale, exportation, and importation; |
| 2. | The establishment, maintenance, alteration, or improvement of facilities and equipment necessary for the prevention of, and the recovery from, environmental damage by the stone industry and natural disasters; |
| 3. | Other business activities specified by Presidential Decree as those for the establishment of infrastructure for the stone industry. |
| (3) | Necessary matters concerning the eligibility, methods, procedure, etc. for the assistance under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 14 (Certification of Exemplary Business Operators) |
| (1) | The Minister of Korea Forest Service may certify stone business operators who have outstanding technology for extracting and processing stone as exemplary business operators. |
| (2) | A stone business operator who intends to obtain the certification of an exemplary business operator under paragraph (1) shall apply for the certification to the Minister of Korea Forest Service in accordance with Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | The Minister of Korea Forest Service may issue a certificate to a stone business operator certified as an exemplary business operator under paragraph (1) (hereinafter referred to as “certified business operator”) in accordance with Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and a certified business operator may put the certification mark. |
| (4) | No stone business operator, except certified business operators, shall put the certification mark or any similar mark. |
| (5) | The Minister of Korea Forest Service may require stone business operators who apply for the certification under paragraph (2) to pay necessary expenses for the certification in accordance with Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (6) | The Minister of Korea Forest Service shall inspect and examine certified business operators to make sure that they maintain the standards for certification under paragraph (8) appropriately and may request them to submit materials, etc. if necessary for such inspection and examination. |
| (7) | The Minister of Korea Forest Service may provide certified business operator preferentially with the assistance under Article 13. |
| (8) | Other matters necessary for the standards, procedure, etc. for the certification of exemplary business operator shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 15 (Revocation of Certification of Exemplary Business Operators) |
If a certified business operator falls under any of the following subparagraphs, the Minister of Korea Forest Service may revoke the certification of exemplary business operator: Provided, That in cases of subparagraph 1, the Minister of Korea Forest Service shall revoke the certification:
| 1. | If a business operator obtains the certification by fraud or other improper means; |
| 2. | If a certified business operator refuses the inspection and examination under Article 14(6) three times or more, without good cause; |
| 3. | If a certified business operator ceases to meet the standards for certification under Article 14 (8). |
| Article 16 (Certification of Traditional Stone Products) |
| (1) | The Minister of Korea Forest Service may certify traditional stone products or recognize master craftspersons of traditional stone products (hereinafter referred to as “certification or recognition”) in accordance with the standards prescribed by Presidential Decree. |
| (2) | No person shall put the certification or recognition mark or any similar mark on the stone products produced by him or her without obtaining certification or recognition. |
| (3) | No certified or recognized person shall allow any other person to use his or her trade name or name. |
| (4) | The valid period of the certification under paragraph (1) shall be three years from the date of certification, while the valid period of the recognition shall be five years from the date of recognition, and the valid period of the certification or recognition may be extended in accordance with Presidential Decree. |
| (5) | In any of the following cases, the Minister of Korea Forest Service may revoke the certification or recognition of a person: Provided, That in cases of subparagraph 1, the Minister of Korea Forest Service shall revoke the certification or recognition: |
| 1. | If a person obtains the certification or recognition by fraud or other improper means; |
| 2. | If a certified or recognized person allows any other person to use his or her trade name or name; |
| 3. | If a certified or recognized person ceases to meet the standards for the certification or recognition. |
| (6) | A person who has his or her certification or recognition revoked under paragraph (5) shall not apply for the certification or recognition before three years pass from the date of revocation. |
| (7) | The procedure for applying for the certification or recognition, the method of indication of the certification or recognition, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 17 (Designation of Stone Industry Promotion Districts) |
| (1) | If necessary for the promotion of the stone industry, the Minister of Korea Forest Service may designate a stone industry promotion district, upon the receipt of an application from a Mayor/Do Governor or the head of a Si/Gun/Gu, and may assist him or her with necessary funds, facilities, etc. |
| (2) | When a Mayor/Do Governor or the head of a Si/Gun/Gu intends to apply for the designation of a stone industry promotion district under paragraph (1), he or she shall prepare a plan for the promotion of a stone industry promotion district (hereinafter referred to as “promotion plan”) and submit the plan to the Minister of Korea Forest Service. |
| (3) | When the Minister of Korea Forest Service intends to designate a stone industry promotion district under paragraph (1), he or she shall consult with the heads of the central administrative agencies concerned. The same shall also apply where the Minister of Korea Forest Service intends to amend such designation. |
| (4) | The requirements and procedure for the designation of stone industry promotion districts under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 18 (Management of Stone Industry Promotion Districts) |
| (1) | The Minister of Korea Forest Service may examine the current status of implementation of a promotion plan, etc. in accordance with Presidential Decree. |
| (2) | If it is found as a result of the examination under paragraph (1) that the promotion plan does not meet the requirements for the designation of the stone industry promotion district or that the result of implementation of a promotion plan is inadequate, the Minister of Korea Forest Service may revoke the designation of the stone industry promotion district, adjust the area of the district, recommend improvements, and take other necessary measures in accordance with Presidential Decree. |
| Article 19 (Indication of Origin) |
| (1) | A person who intends to extract stock for building works, crafts, or landscaping or process, distribute, or sell such stone shall indicate the origin of stone for the establishment of a fair stone trading system, the protection of consumers, etc. |
| (2) | The indication of the origin of stone or a stone product for exportation or importation under Article 33 of the Foreign Trade Act shall be deemed the indication of origin under paragraph (1). |
| (3) | The Minister of Korea Forest Service may implement a system for the registration of geographical indications, which indicate that particular stone is a product from a particular area, in order to improve outstanding quality of stone with local characteristics and promote the stone industry to a specialized local industry. |
| (4) | The methods and procedures for the registration of the indications of origin and geographical indications under paragraphs (1) and (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 20 (Prohibition of False Indication) |
No person shall commit any of the following acts:
| 1. | Putting a false indication of origin or an indication that is likely to be confused with an indication of origin; |
| 2. | Damaging or altering an indication of origin with intent to make it confused with other any other indication; |
| 3. | Misrepresenting the origin of stone in selling stone, selling stone with an indication of origin mixed with stone without an indication of origin, or storing such mixed stone for the purpose of sale; |
| 4. | Misrepresenting the origin of stone in using it for construction works, using stone with an indication of origin mixed with stone without an indication of origin for construction works, or storing such mixed stone for the purpose of use. |
| Article 21 (Establishment of Stone Business Association) |
| (1) | Stone business operators may establish a stone business association (hereinafter referred to as the “Association”) with prior authorization from the Minister of Korea Forest Service for the development of the stone industry. |
| (2) | The Association shall be a juristic person. |
| (3) | The qualifications for the membership of the Association, matters concerning executive officers of the Association, the business of the Association, etc. shall be provided by articles of incorporation, and other matters that shall be included in articles of incorporation and matters necessary for the operation and supervision of the Association shall be prescribed by Presidential Decree. |
| (4) | Except as provided in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Association. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 22 (Reporting and Inspection) |
| (1) | If necessary for the enforcement of this Act, the Minister of Korea Forest Service or other competent authority may require a stone business operator to submit a necessary report or order a stone business operator to submit materials or may authorize competent public officials to enter a place of business to inspect relevant documents, facilities, equipment, etc. |
| (2) | Public officials conducting an inspection under paragraph (1) shall carry a certificate indicating their authority, produce the certificate to interested persons, and present the document stating their names, the time of entry, the purpose of entry, etc. to interested persons. |
| (3) | No stone business operator shall refuse, obstruct, or evade the inspection conducted under paragraph (1), without good cause. |
| Article 23 (Requesting for Provision of Materials) |
If necessary for the verification of registered matters of stone extraction or processing business operators under Article 9 and the management and supervision of stone extraction or processing business operators, the Minister of Korea Forest Service may request the heads of the administrative agencies concerned to provide necessary materials. Upon the receipt of a request in such cases, the heads of the administrative agencies concerned shall comply with the request, unless there is a compelling reason not to do so.
| Article 24 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Korea Forest Service may delegate part of his or her authority under this Act to a Mayor/Do Governor, or the head of a Si/Gun/Gu in accordance with Presidential Decree. |
| (2) | The Minister of Korea Forest Service or other competent authority may entrust part of the affairs assigned to him or her under this Act to the Korea Forestry Production Institute under the Forestry and Mountain Villages Development Promotion Act, the Association, or other entity in accordance with Presidential Decree. |
| Article 25 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
The executive officers and employees of the Korea Forestry Production Institute, the Association, or other entity, who are engaged in the affairs entrusted by the Minister of Korea Forest Service or other competent authority under Article 24 (2), shall be deemed public officials for the purpose of applying Articles 129 through 132 of the Criminal Act to them.
CHAPTER V PENALTY PROVISIONS
| Article 26 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
| 1. | A person who engages in a stone extraction business without registering the stone extraction business, in violation of Article 9 (1); |
| 2. | A person who allows any other person to operate his or her stone extraction business or other relevant business in his or her trade name or name or who lends his or her certificate of registration to any other person, in violation of Article 9 (5); |
| 3. | A person who obtains the certification of an exemplary business operator under Article 14 (1) by fraud or other improper means; |
| 4. | A person who puts the certification mark or any similar mark, in violation of Article 14 (4); |
| 5. | A person who omits to put the indication of origin, in violation of Article 19 (1), or who puts a false indication or commits any similar act, in violation of Article 20. |
| Article 27 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation described in Article 26 in performing any business affair of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply where the corporation or individual has not neglected exercising due care and supervising the violator to prevent such violation.
| Article 28 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| 1. | A person who continues business operations, in violation of an order issued to suspend business operations under Article 11 (1); |
| 2. | A person who obtains the certification or recognition under Article 16 (1) by fraud or other improper means; |
| 3. | A person who puts a certification or recognition mark or any similar mark on stone products produced by him or her without obtaining the certification or recognition, in violation of Article 16 (2); |
| 4. | A person who allows any other person to use his or her trade name or name, in violation of Article 16 (3). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who fails to submit a report, in violation of Article 9 (4); |
| 2. | A person who refuses, obstructs, or evades an inspection or examination conducted under Article 14 (6), without good cause; |
| 3. | A person who refuses, obstructs, or evades the submission of any report or material or an inspection under Article 22 (1), without good cause. |
| (3) | The administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Korea Forest Service or other competent authority in accordance with Presidential Decree. |
ADDENDA <Act No. 17018, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Stone Extraction Business Operators)
The persons who engage in a stone extraction business as at the time this Act enters into force shall be deemed to have been registered under this Act: Provided, That such persons shall meet the requirements under this Act and register their businesses within one year from the enforcement date of this Act.