NATIONAL NUTRITION MANAGEMENT ACT
Act No. 10191, Mar. 26, 2010
Amended by Act No. 10789, jun. 7, 2011
Act No. 11440, May 23, 2012
Act No. 13367, jun. 22, 2015
Act No. 13643, Dec. 29, 2015
Act No. 15877, Dec. 11, 2018
Act No. 16368, Apr. 23, 2019
Act No. 16720, Dec. 3, 2019
Act No. 17198, Apr. 7, 2020
Act No. 17472, Aug. 11, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the nutrition and health of people and to contribute to the improvement of the quality of people's lives by establishing and implementing systematic national nutrition policies based on scientific research and studies on diet of people.
The terms used in this Act are defined as follows:
| 1. | The term "diet" means all the stylized acts related to the intake of food, such as food culture, eating habits, and the selection and consumption of food; |
| 2. | The term "nutrition management" means to enable people to prevent diseases and maintain good heath through the supply of proper nutrition and the improvement in the proper diet; |
| 3. | The term "nutrition management services" means services, such as education and consultation, conducted in consideration of characteristics of the nutrition management, such as a life cycle, for the national nutrition management. |
| Article 3 (Duty of the State and Local Governments) |
| (1) | The State and a local government shall provide people with information on the proper diet and nutrition management. |
| (2) | The State and a local government shall establish and execute measures necessary for the national nutrition management. |
| (3) | A local government may employ public officials for the performance of nutrition management services. |
| Article 4 (Responsibilities of Dietitians) |
| (1) | A dietitian shall endeavor to promote nutrition and health of people by improving his or her specialized ability through the continuous aquisition of knowledge of and skills in nutrition. |
| (2) | Organizations related to food, nutrition, and diet, and persons engaged therein, and persons participating in nutrition management services shall endeavor to promote health of people through their voluntary participation and solidarity. |
| Article 5 (Rights of People) |
| (1) | Anyone shall have the right to promote his or her health through nutrition management services, and none of his or her rights shall be infringed on grounds of gender, age, religion, social status, economical conditions, etc. |
| (2) | All people shall endeavor to protect and promote the health of themselves and their families through the proper nutrition management. |
| Article 6 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, this Act shall apply to the national nutrition management.
CHAPTER II MASTER PLAN FOR NATIONAL NUTRITION MANAGEMENT
| Article 7 (Master Plans for National Nutrition Management) |
| (1) | The Minister of Health and Welfare shall formulate a master plan for the national nutrition management (hereinafter referred to as "master plan") every five years in consultation with the heads of the related central administrative agencies and through deliberation of the National Health Promotion Policy Deliberative Committee (hereinafter referred to as the "Committee") under Article 5 of the National Health Promotion Act. |
| (2) | A master plan shall include the following matters: |
| 1. | The mid and long-term objectives of a master plan and direction-setting for the promotion thereof; |
| 2. | A plan for the promotion of the following nutrition management services: |
| (a) | Nutrition and diet education services pursuant to Article 10; |
| (b) | Nutrition management services for poorly nourished classes, etc. pursuant to Article 11; |
| (c) | Research on nutrition and diet for nutrition management pursuant to Article 13; |
| (d) | Other nutrition management services prescribed by Presidential Decree; |
| 3. | Main projects to be promoted for each year and methods for the promotion thereof; |
| 4. | The amount of fund required and a plan for financing and managing the fund; |
| 5. | Other matters necessary for the formulation of nutrition management policies. |
| (3) | Where the Minister of Health and Welfare has formulated a master plan pursuant to paragraph (1), he or she shall notify the master plan to the heads of the related central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply). |
| (4) | Necessary matters concerning procedures for consultation according to the formulation of master plans referred to in paragraph (1) and methods of notification referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 8 (Action Plans for National Nutrition Management) |
| (1) | The head of a Si/Gun/Gu shall formulate and execute an action plan for the national nutrition management (hereinafter referred to as "action plan") every year in accordance with a master plan, and submit the action plan and the outcomes of the promotion thereof to the Minister of Health and Welfare via the relevant Mayor/Do Governor. |
| (2) | The Minister of Health and Welfare shall assess an action plan and the outcomes of the promotion thereof submitted by a Mayor/Do Governor in accordance with the methods prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | Matters necessary for the formulation, promotion, etc. of an action plan shall be prescribed by ordinance of the relevant local government, in accordance with standards prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 9 (Deliberation on National Nutrition Policies) |
The Committee shall deliberate on the following matters for the national nutrition management:
| 1. | Matters concerning the objectives of national nutrition policies and the direction of the promotion thereof; |
| 2. | Matters concerning the formulation of a master plan; |
| 3. | Other matters the chairperson of the Committee deems necessary for nutrition management. |
CHAPTER III NUTRITION MANAGEMENT SERVICES
| Article 10 (Nutrition and Diet Education Services) |
| (1) | The State and a local government shall conduct nutrition and diet education for the health of people, and develop and distribute programs and materials necessary for the nutrition and diet education. |
| (2) | Matters necessary for objects, details, methods, etc. of nutrition and diet education pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 11 (Nutrition Management Services for Poorly Nourished Classes of People) |
The State and a local government may perform any of the following nutrition management services: <Amended on Jun. 7, 2011>
| 1. | Nutrition management services for poorly nourished classes, such as infants and young children, pregnant women, children, senior citizens, homeless people, and inmates in social welfare facilities; |
| 2. | Nutrition management services to facilities and organizations, such as day care centers, kindergartens, schools, meal service facilities, medical facilities, and social welfare facilities; |
| 3. | Nutrition management services for the prevention of diseases, such as living habit diseases. |
| Article 12 (Statistics and Information) |
| (1) | The Commissioner of Korea Disease Control and Prevention Agency shall consult with the Minister of Health and Welfare and collect and manage statistics and information on food and nutrition so that he or she may utilize them in formulating nutrition policies, providing nutrition management services, etc. <Amended on Aug. 11, 2020> |
| (2) | Where it is necessary for the collection and management of statistics and information pursuant to paragraph (1), the Commissioner of Korea Disease Control and Prevention Agency may request a related institution or organization to provide him or her with materials. <Amended on Aug. 11, 2020> |
| (3) | An institution or organization requested to provide the Minister of Health and Welfare with materials pursuant to paragraph (2) shall comply with such request faithfully. |
| Article 13 (Research into Nutrition and Diet for Nutrition Management) |
| (1) | The State and a local government may conduct the following research for studies on nutritional issues of communities: |
| 1. | Research on the intake of food and nutrients; |
| 2. | Research on diet behavior; |
| 3. | Research on nutritional conditions; |
| 4. | Other research prescribed by Presidential Decree necessary for nutritional issues. |
| (2) | The Commissioner of Korea Disease Control and Prevention Agency shall consult with the Minister of Health and Welfare and conduct research into nutrition and diet of people concerning the intake of food, diet, etc. of people every year and publish the results of such research. <Amended on Apr. 23, 2019; Aug. 11, 2020> |
| (3) | The Commissioner of Korea Disease Control and Prevention Agency may request the head of a relevant institution, corporation, or organization to submit necessary data or state his or her opinions in order to conduct research under paragraph (2). In such cases, a person who receives such request shall comply therewith, unless there is good cause. <Newly Inserted on Apr. 23, 2019; Aug. 11, 2020> |
| (4) | The methods for research under paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree. <Amended on Apr. 23, 2019> |
| Article 14 (Establishment and Distribution of Nutrient Intake Standards and Dietary Guidelines) |
| (1) | The Minister of Health and Welfare shall establish nutrient intake standards necessary to promote the health of people, make regular amendments thereto, and systematically distribute the standards to the academic and industrial circles, related institutions, etc. |
| (2) | The Minister of Health and Welfare shall strive to ensure the active utilization of the nutrient intake standards under paragraph (1) in the following areas, in consultation with the heads of relevant central administrative agencies: <Newly Inserted on Dec. 11, 2018> |
| 6. | Other areas prescribed by Presidential Decree for nutrition management. |
| (3) | The Minister of Health and Welfare shall establish dietary guidelines in consideration of characteristics by disease and by life cycle, etc. for the promotion of health and the improvement of the quality of people's lives, and make regular amendments thereto and propagate the guidelines. <Amended on Dec. 11, 2018> |
| (4) | Detailed matters, such as the nutrient intake standards under paragraph (1), and the main contents and the period of publication of the dietary guidelines under paragraph (3), shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Dec. 11, 2018> |
CHAPTER IV DIETITIAN LICENSES AND EDUCATION
| Article 15 (Dietitian Licenses) |
| (1) | A person who intends to be a dietitian shall be any of the following persons and obtain a license from the Minister of Health and Welfare after he or she has passed a national examination for dietitians: <Amended on Dec. 29, 2015; Dec. 11, 2018> |
| 1. | A person who has majored in food science or dietetics at a university or college, an industrial college, a junior college, or an air and correspondence college under the Higher Education Act and meets the requirements for subjects, the completion of credits, etc. prescribed by Ordinance of the Ministry of Health and Welfare; |
| 2. | A person who has obtained a dietitian license (referring to a license that meets the accreditation standards determined and publicly notified by the Minister of Health and Welfare) overseas; |
| 3. | A person who graduated from a foreign training school for dietitians (referring to a school that meets the accreditation standards determined and publicly notified by the Minister of Health and Welfare). |
| (2) | The Minister of Health and Welfare may entrust the management of a national examination pursuant to paragraph (1) to a related specialized institution recognized to be capable of managing the national examination, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | Matters necessary for the dietitian license, a national examination for dietitians, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 15-2 (Restriction on Eligibility for Examination) |
| (1) | A person who takes a national examination for dietitians by improper means or cheats on the national examination for dietitians shall be suspended from taking such examination or his or her success in the examination shall be invalidated. |
| (2) | The Minister of Health and Welfare may bar a person who is suspended from taking an examination or whose success in the examination is invalidated pursuant to paragraph (1) from applying for a subsequent national examination for dietitians up to three times in consideration of the grounds for the disposition, the severity of violation, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Apr. 23, 2019]
| Article 16 (Grounds for Disqualification) |
None of the following persons shall obtain a dietitian license: <Amended on Dec. 11, 2018>
| 3. | A drug, marijuana, or psychotropic drug addict; |
| 4. | A person in whose case one year has not passed since his or her dietitian license was revoked. |
| Article 17 (Duties of Dietitians) |
A dietitian shall conduct the following duties:
| 1. | Education and consultation about nutrition and diet for the promotion of health and patients; |
| 2. | Provision of information on food nutrition; |
| 3. | Preparation of a menu, food sampling, and management of food distribution; |
| 4. | Inspection and management of food products purchased; |
| 5. | Hygienic management of meal facilities; |
| 6. | Preparation of a daily record of the operation of meal service facilities; |
| 7. | Nutrition guidance and hygiene education to employees. |
| Article 18 (Registration of Licenses) |
| (1) | Where the Minister of Health and Welfare grants a dietitian license, he or she shall register matters concerning such license on the register of dietitian licenses and issue a dietitian license. <Amended on Dec. 3, 2019> |
| (2) | No person to whom a license has been issued under paragraph (1) shall lend it to any other person, and no person shall lend it. <Amended on Apr. 7, 2020> |
| (3) | No person shall engage in brokering any act prohibited under paragraph (2). <Newly Inserted on Apr. 7, 2020> |
| (4) | Necessary matters concerning registration of licenses and issuance of a license pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Apr. 7, 2020> |
| Article 19 (Prohibition of Use of Title) |
A person who has failed to obtain a dietitian license pursuant to Article 15 shall not use the title of a dietitian.
| Article 20 (Continuing Education) |
| (1) | Dietitians engaged in their own duties in a health institution, medical institution, meal service facilities, etc. shall receive continuing education for the improvement of nutrition management standards and the quality of dietitians. |
| (2) | Necessary matters concerning the timing, objects, expenses, methods, etc. of continuing education pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 20-2 (Reports on Actual Condition) |
| (1) | Any dietitian shall, after obtaining his or her first license, report the actual condition and employment status to the Minister of Health and Welfare on a three-year basis, as prescribed by Presidential Decree. |
| (2) | The Minister of Health and Welfare may return a report under paragraph (1) to a dietitian who fails to receive continuing education under Article 20 (1). |
| (3) | The Minister of Health and Welfare may entrust the acceptance of a report under paragraph (1) to a related organization, etc., as prescribed by Presidential Decree. |
[This Article Newly Inserted on May 23, 2012]
| Article 21 (Revocation of Licenses) |
| (1) | Where a dietitian falls under any of the following subparagraphs, the Minister of Health and Welfare may revoke his or her license: Provided, That where such dietitian falls under subparagraph 1, the Minister of Health and Welfare shall revoke his or her license: <Amended on May 23, 2012> |
| 1. | Where the dietitian falls under any of subparagraphs 1 through 3 of Article 16; |
| 2. | Where the dietitian performs any of his or her duties as a dietitian while his or her license is suspended pursuant to paragraph (2); |
| 3. | Where the dietitian has been subject to suspension of a license on at least three occasions pursuant to paragraph (2). |
| (2) | Where a dietitian falls under any of the following subparagraphs, the Minister of Health and Welfare may order the suspension of his or her license for a fixed period not exceeding six months: |
| 1. | Where the dietitian is formally responsible for food poisoning or the occurrence of any other serious accident related to hygiene in the course of conducting his or her duties; |
| 2. | Where the dietitian lends his or her license to a third person to allow such person to use it. |
| (3) | Detailed standards for administrative dispositions under paragraphs (1), (2), and (5) shall be prescribed by Presidential Decree in consideration of the type and degree of the relevant violation, etc. <Amended on May 23, 2012> |
| (4) | Where the Minister of Health and Welfare intends to revoke a license under paragraph (1) or to suspend a license under paragraph (2), he or she shall hold a hearing. |
| (5) | Where a dietitian fails to make a report pursuant to Article 20-2, the Minister of Health and Welfare may suspend the validity of the license until he or she makes a report. <Newly Inserted on May 23, 2012> |
| Article 22 (Dietetic Association) |
| (1) | Dietitians may establish the Dietetic Association (hereinafter referred to as the "Association") for research on nutrition, the establishment of ethics of dietitians, the promotion of rights and interests of dietitians, and the improvement of the quality thereof, as prescribed by Presidential Decree. |
| (2) | The Association shall be incorporated as a juridicial person. |
| (3) | The provisions on incorporated associations in the Civil Act shall apply mutatis mutandis to matters not prescribed in this Act concerning the Association. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 23 (Clinical Dietitians) |
| (1) | The Minister of Health and Welfare may recognize qualifications for a clinical dietitian in addition to a dietitian license with regard to a dietitian who conducts such duties as judgment of nutrition, consultation about nutrition, and monitoring and assessment of nutrients for health management. |
| (2) | Necessary matters concerning the duties of a clinical dietitian under paragraph (1), standards for qualifications therefor, issuance of a certificate of qualifications, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | No person to whom a certificate of qualification has been issued under paragraph (2) shall lend the certificate of qualification to any other person, and no person shall lend it. <Newly Inserted on Apr. 7, 2020> |
| (4) | No person shall engage in brokering the act prohibited under paragraph (3). <Newly Inserted on Apr. 7, 2020> |
| Article 23-2 (Revocation of Qualifications of Clinical Dietitians) |
| (1) | Where a clinical dietitian lends his or her certificate to a third person, in violation of Article 23 (3), the Minister of Health and Welfare may suspend the qualification for up to six months. |
| (2) | Where a clinical dietitian is subject to suspension of qualifications on at least three occasions pursuant to paragraph (1), the Minister of Health and Welfare may revoke his or her qualifications. |
| (3) | Article 21 (3) and (4) shall apply mutatis mutandis to the administrative disposition for clinical dietitians under paragraphs (1) and (2). |
[This Article Newly Inserted on Apr. 7, 2020]
| Article 24 (Subsidization) |
The State or a local government may partially bear expenses incurred in providing nutrition management services or subsidize a corporation or organization performing such services within budgetary limits every fiscal year.
| Article 25 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Health and Welfare may delegate part of his/her authority under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) | The Minister of Health and Welfare may entrust part of his or her duties under this Act to a related specialized institution, as prescribed by Presidential Decree. |
| (1) | The head of a local government may collect fees from users for part of expenses incurred in nutrition management services, as prescribed by municipal ordinance. |
| (2) | Where the head of a local government collects fees pursuant to paragraph (1), he or she shall exempt senior citizens, persons with disabilities, and eligible recipients under the National Basic Living Security Act from fees. |
| (3) | A person who intends to obtain a dietitian license or to be re-issued with have his or her license, or who intends to apply for a national examination for dietitians shall pay a fee, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) | The Korea Health Personnel Licensing Examination Institute established under the Korea Health Personnel Licensing Examination Institute Act entrusted with the management of national examinations for dietitians pursuant to Article 15 (2) may appropriate application fees for a national examination directly for management of the examination with approval of the Minister of Health and Welfare. <Amended on Jun. 22, 2015> |
| Article 27 (Legal Fiction as Public Official in Application of Penalty Provisions) |
CHAPTER VI?PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
| (1) | 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: <Amended on Apr. 7, 2020> |
| 1. | A person who lends or borrows a dietitian license or a clinical dietitian license to a third person, in violation of Article 18 (2) or 23 (3); |
| 2. | A person who lends a dietitian license or a clinical dietitian license, or arranges such lending, in violation of Article 18 (3) or 23 (4). |
| (2) | A person who has used the title of a dietitian, in violation of Article 19, shall be punished by a fine not exceeding three million won. |
| Article 29 Deleted. < May 23, 2012> |
ADDENDA <Act No. 10191, Mar. 26, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 23 shall enter into force two years after the date of its promulgation. Article 2 (Transitional Measures concerning Dietitian Licenses)
A person who has obtained a dietitian license in accordance with the Food Sanitation Act as at the time this Act enters into force shall be deemed to have obtained a dietitian license under this Act. Article 3 (Transitional Measures concerning Establishment of the Dietetic Association)
The Korean Dietetic Association, the incorporated association, registered with the Ministry of Health and Welfare as at the time this Act enters into force shall be deemed the Dietetic Association under Article 22. Article 4 (Transitional Measures concerning the Infectious Disease Control and Prevention Act) "Patients with infectious diseases under subparagraph 13 of Article 2 of the Infectious Disease Control and Prevention Act" in subparagraph 2 of Article 16 shall be construed as "patients with contagious diseases under Article 2 (2) of the Prevention of Contagious Diseases Act" until December 29, 2010.
Article 5 (Special Cases on Recognition of Qualifications for Clinical Dietitian)
Notwithstanding Article 23, relaxed standards for recognition of qualifications for a clinical dietitian may be applied to a dietitian prescribed by Ordinance of the Ministry of Health and Welfare among the dietitians who have completed an educational course for a clinical dietitian provided by the Korean Dietetic Association, the incorporated association, before this Act enters into force. Article 6 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11440, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three years after the date of its promulgation.
Article 2 (Transitional Measures concerning Dietitian’s Report)
| (1) | Any person who obtained a dietitian license as at the time this Act enters into force pursuant to the previous provisions shall report the actual condition and employment status within one year on or after the date this Act enters into force, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Where any person who obtained a dietitian license fails to make a report pursuant to paragraph (1), the Minister of Health and Welfare may suspend the validity of the license from the time when a report period terminates until the time when he or she makes a report. |
ADDENDA <Act No. 13367, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 13643, Dec. 29, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15877, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 16 shall enter into force on the date of its promulgation, and the amended provisions of Article 15 (1) 2 and 3 shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning Eligibility for National Examination for Dietitians)
A person who is deemed eligible for a national examination for dietitians pursuant to the previous Article 15 (1) 2 and 3 as at the time this Act enters into force shall be deemed eligible for examination pursuant to this Act.
ADDENDA <Act No. 16368, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Restriction on Eligibility for Examination)
The amended provisions of Article 15-2 (2) shall begin to apply to persons who are suspended from taking an examination or whose success in the examination is invalidated on or after the date this Act enters into force.
ADDENDA <Act No. 16720, Jun. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation.
Article 2 (Transitional Measures concerning Eligibility for National Examination for Dietitians)
The amended provisions of Article 18 (1) shall apply beginning from the first national examination for dietitians conducted after this Act enters into force.
ADDENDUM <Act No. 17198, Apr. 7, 2020>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 17472, Aug. 11, 2020>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation: Provided, That ...<omitted>...the amended provisions of any Act, which is amended pursuant to Article 4 of the Addenda and promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act. Articles 2 through 5 Omitted.