SALT INDUSTRY PROMOTION ACT
Wholly Amended by Act No. 11101, Nov. 22, 2011
Amended by Act No. 11700, Mar. 23, 2013
Act No. 13187, Feb. 3, 2015
Act No. 13383, Jun. 22, 2015
Act No. 14476, Dec. 27, 2016
Act No. 14735, Mar. 21, 2017
Act No. 15483, Mar. 13, 2018
Act No. 15915, Dec. 11, 2018
Act No. 16125, Dec. 31, 2018
Act No. 16568, Aug. 27, 2019
Act No. 17037, Feb. 18, 2020
Act No. 17330, May 26, 2020
Act No. 18698, Jan. 4, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary to promote the salt industry and to control salt quality so as to encourage the development of the salt industry and strengthen its competitiveness and to supply high quality salt and its processed products to citizens, thereby contributing to developing the national economy and improving citizens’ quality of life.
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; May 26, 2020>
1. | The term “salt” means crystals that contain sodium chloride above the ratio prescribed by Presidential Decree (hereinafter referred to as “crystallized salt”) and brine; |
2. | The term “brine” means liquid that contains solids at least 50/100 of which are sodium chloride, and the specific gravity of which is not less than 5 degrees Celsius Baume (Baume: the unit indicating specific gravity of liquid) at 15 degrees Celsius; |
3. | The term “salt farm” means the ground that has a reservoir to store seawater, a natural evaporating pan to evaporate seawater, a crystallization pan to crystallize salt, etc., in which salt can be produced or manufactured, including saltwater warehouses, salt warehouses, and other facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
4. | The term “sun-dried salt” means salt produced in a salt farm through natural evaporation of seawater, including products manufactured by grinding, washing, or drying such salt; |
5. | The term “refined salt” means salt manufactured by putting brine, which is obtained by electro-dialyzing either a solution of crystallized salt or seawater through ion exchange membranes, into evaporating facilities; |
6. | The term “re-manufactured salt” means salt manufactured by filtering, precipitating, refining, heating, re-crystallizing, adjusting salinity of, or otherwise manipulating either a solution of crystallized salt or brine; |
7. | The term “chemical byproduct salt” means salt manufactured by using byproducts formed in the process of manufacturing, producing, or decomposing chemical substances; |
8. | The term “other salt” means the following: |
(c) | Salt manufactured by using a sun-drying process: Salt manufactured by putting brine, which is obtained by evaporating seawater in evaporating pans by solar heat, into evaporating facilities; |
(d) | Salt produced and manufactured by methods other than the process of producing or manufacturing sun-dried salt, refined salt, re-manufactured salt, chemical byproduct salt, or salt manufactured by using a sun-drying process, which is prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
9. | The term “processed salt” means salt obtained by changing the form or quality of sun-dried salt, refined salt, re-manufactured salt, chemical byproduct salt, or other salt, which is contained above the ratio prescribed by Presidential Decree, by means of roasting, burning, fusing (liquefaction by heating), adding other substances, or other manipulation; |
10. | The term “edible salt” means salt suitable for direct consumption by human; |
11. | The term “inedible salt” means salt not suitable for human consumption due to harmful factors in its quality, ingredients, or production or a management process; |
12. | The term “salt industry” means an industry associated with any of the following: |
(a) | Developing salt farms; |
(b) | Developing, manufacturing, distributing, or selling facilities, equipment, materials, etc. related to salt farms; |
(c) | Producing, manufacturing, importing, storing, safekeeping, distributing, selling, or exporting salt; |
(d) | Manufacturing, importing, distributing, selling or exporting facilities, equipment, machinery, etc. related to producing, manufacturing, storing distributing, etc. salt; |
(e) | Manufacturing, importing, distributing, selling, or exporting salt packages, canisters, etc.; |
(f) | Manufacturing, importing, distributing, selling, or exporting processed products made from salt; |
(g) | Others prescribed by Presidential Decree; |
13. | The term “salt business entity” means a person who is engaged in economic activities associated with the salt industry; |
14. | The term “salter” means a salt business entity who develops a salt farm or who is engaged in any of the following business: |
(a) | Producing or manufacturing sun-dried salt or other salt prescribed by Presidential Decree in a salt farm; |
(b) | Manufacturing refined salt; |
(c) | Manufacturing re-manufactured salt; |
(d) | Manufacturing chemical byproduct salt; |
(e) | Producing or manufacturing other salt; |
(f) | Manufacturing processed salt. |
Article 3 (Responsibilities of the State, Local Governments, and Salt Business Entities) |
(1) | The State and local governments shall establish and implement necessary policies to promote the sound development of the salt industry, to strengthen its competitiveness, and to improve the quality of salt. |
(2) | Every salt business entity shall endeavor to supply safe and high quality salt and its processed products. |
Article 4 (Relationship to Other Statutes) |
(1) | This Act shall prevail over other statutes in the development of the salt industry and the quality control of salt. |
CHAPTER II PROMOTION OF SALT INDUSTRY
Article 5 (Formulating and Implementing Master Plans and Implementation Plans) |
(1) | The Minister of Oceans and Fisheries shall formulate and implement a master plan to promote the salt industry (hereinafter referred to as “master plan”) every five years so as to encourage the development of the salt industry and to strengthen its competitiveness. <Amended on Mar. 23, 2013> |
(2) | The master plans shall include the matters falling under each of the following subparagraphs: |
1. | Current status of and prospects for the salt industry; |
2. | Basic direction-setting and goals for the promotion of the salt industry and the quality control of salt; |
3. | Fact-finding survey on the salt industry and the establishment of a relevant information system; |
4. | Education and training for salt business entities and consumers; |
5. | Nurturing professionals related to the salt industry; |
6. | Research, technological development, etc. regarding the salt industry; |
7. | Strengthening export competitiveness of the salt industry and expanding overseas markets therefor; |
8. | Nurturing, supervising, and managing producers’ organizations; |
9. | Cooperative coexistence of salt farm owners and tenant producers or consignee producers or of producers and processing enterprises or food enterprises; |
10. | Salt supply and demand and reasonable prices of salt; |
11. | Improving the salt distribution structure and establishing efficient distribution systems; |
12. | Managing the safety of seawater, sandbars, etc.; |
13. | Managing salt farms and their surroundings; |
14. | Improving the quality of salt and establishing quality inspection and certification systems; |
15. | Providing information on salt quality, etc. for consumers and consumer protection; |
16. | Other matters necessary for the promotion of the salt industry and the quality control of salt. |
(3) | Where the Minister of Oceans and Fisheries intends to formulate or modify a master plan, he or she shall do so after consulting with the heads of relevant central administrative agencies, subject to deliberation by the Salt Industry Promotion Council prescribed in Article 6: Provided, That the same shall not apply to modifying any minor matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
(4) | The Minister of Oceans and Fisheries shall formulate and implement an implementation plan for development of the salt industry (hereinafter referred to as “implementation plan”) every year according to the master plan. <Amended on Mar. 23, 2013> |
(5) | The Minister of Oceans and Fisheries shall formulate a master plan and an implementation plan therefor and then give notice thereof to the heads of relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, and the Governors of Special Self-Governing Provinces (hereinafter referred to as “Mayors/Do Governors”). <Amended on Mar. 23, 2013> |
(6) | Other matters necessary for formulating, modifying, implementing, etc. a master plan and implementation plans therefor shall be prescribed by Presidential Decree. |
Article 6 (Establishing Salt Industry Promotion Council) |
(12) | A Food Industry Promotion Council (hereinafter referred to as the "Council") shall be established under the jurisdiction of the Minister of Agriculture, Food and Rural Affairs to deliberate on matters concerning promotion, etc. of the food industry: <Amended on Dec. 11, 2018; May 26, 2020> |
1. | Matters concerning the formulation of a basic plan and an action plan; |
2. | Establishing standards and measures for managing the safety of seawater, sandbars, etc.; |
3. | Designating, and cancelling designation of, sea areas in which the production of edible sun-dried salt is prohibited; |
4. | Establishing and modifying standard models and standard production processes for salt farms; |
5. | Establishing and modifying standard specifications for sun-dried salt; |
6. | Certification of high-quality sun-dried salt; |
7. | Matters concerning the preservation and succession of traditional production methods under Article 15-2; |
8. | Other matters referred to by the Minister of Oceans and Fisheries for deliberation regarding the promotion of the salt industry and the quality control of salt. |
(2) | The Council shall be comprised of not more than 15 members, including one chairperson and one vice chairperson. |
(3) | The chairperson and the vice chairperson shall be elected by mutual vote among members of the Council. |
(4) | Members shall consist of the persons listed as follows: |
1. | Persons designated by the Minister of Oceans and Fisheries from among public officials who take charge of the salt industry in the Ministry of Oceans and Fisheries; |
2. | Persons recommended by the Commissioner of the Korea Food and Drug Administration from among public officials belonging to the Korea Food and Drug Administration; |
3. | Persons designated by the heads of the following organizations and institutions from among executive officers and employees under their control: |
(b) | Salt manufacturers’ associations prescribed in the Salt Manufacture Act; |
4. | Persons commissioned by the Minister of Oceans and Fisheries from among persons listed below; in such cases, they shall include at least one of the following persons: |
(a) | Those who have plenty of knowledge and experience in salt or who have been engaged in the salt industry for at least 10 years; |
(c) | Executive officers and employees of organizations prescribed in Article 13 of this Act. |
(5) | The terms of office of the members referred to in paragraph (4) 4 shall be three years; and the term of office of a member who is newly commissioned to fill a vacancy due to resignation, etc. shall be the remaining term of office of his or her predecessor. |
(6) | Other matters regarding organizing, operating, etc. the Council shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 23, 2013]
Article 6-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted on Dec. 11, 2018]
Article 7 (Surveys on Actual Conditions) |
(1) | The Minister of Oceans and Fisheries may conduct a fact-finding survey on the current status, etc. of the salt industry so as to formulate and implement a master plan or an implementation plan therefor or to efficiently establish and implement policies necessary to promote the salt industry and to control the quality of salt. <Amended on Mar. 23, 2013> |
(2) | The scope and methods of a fact-finding survey prescribed in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
Article 8 (Education and Training) |
(1) | The State or local governments may provide salt business entities and consumers with an opportunity to receive instruction and training on salt manufacturing techniques and education on related regulations and systems, the proper use of salt, etc. |
(2) | The State or local governments may designate institutions or organizations equipped with facilities and human resources suitable for education and training prescribed in paragraph (1), as education and training institutions. |
(3) | The State or local governments may revoke the designation of an institution or organization as an education and training institution prescribed in paragraph (2) in any of the following cases: Provided, That where it falls under subparagraph 1, the designation shall be revoked: |
1. | Where the trading agency has obtained the designation by fraud or other improper means; |
2. | Where a wide-area direct trade center no longer meets the requirements for the designation thereof; |
3. | Where it refuses or delays education and training without good cause; |
4. | Where it fails to render education and training services for one year or over without good cause. |
(4) | The State or local governments may, within budgetary limits, provide necessary support for education and training institutions designated under paragraph (2). |
(5) | Matters regarding the criteria, procedures, etc. for designating educational and training institutions prescribed in paragraph (2) shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 9 (Training of Professionals) |
(1) | The State and local governments shall endeavor to train professionals so as to promote the sustainable development of the salt industry and to strengthen its competitiveness. |
(2) | The State or local governments may designate universities and colleges prescribed in Article 2 of the Higher Education Act, which are equipped with facilities and human resources suitable for training professionals under paragraph (1), research institutes established to conduct salt-related research activities, or institutions, legal entities, organizations, etc. engaged in passing skills through persons designated as fisheries food masters of the Republic of Korea specializing in the production and manufacture of salt under Article 25 of the Seafood Industry Promotion and Support Act, as professional training institutes. <Amended on Dec. 31, 2018; Feb. 18, 2020> |
(3) | The State or local governments may revoke the designation of an institution or organization as a professional training institute under paragraph (2) in any of the following cases: Provided, That where it falls under subparagraph 1, the designation shall be revoked: |
1. | Where the trading agency has obtained the designation by fraud or other improper means; |
2. | Where a wide-area direct trade center no longer meets the requirements for the designation thereof; |
3. | Where it refuses or delays the training of professionals without just cause; |
4. | Where it fails to render professional training services for at least one year without good cause. |
(4) | The State or local governments may, within budgetary limits, provide necessary support for professional training institutes designated under paragraph (2), as prescribed by Presidential Decree. |
(5) | Matters regarding the criteria, procedures, etc. for designating professional training institutes prescribed in paragraph (2) shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 10 (Research and Technology Development) |
(1) | The Minister of Oceans and Fisheries shall conduct the following activities to promote research and technology development regarding improvements in the quality and the diversification of salt and its processed products, higher productivity of the salt industry, distribution efficiency, etc.: <Amended on Mar. 23, 2013> |
1. | Surveys on both salt industry trends and demand for related technology; |
2. | Research and technology development regarding the salt industry; |
3. | Exchanges of information and technological cooperation regarding the salt industry; |
4. | Other matters necessary for research and technology development related to the salt industry. |
(2) | The Minister of Oceans and Fisheries may reimburse persons engaging in research or technology development related to the salt industry for expenses required to conduct such work. <Amended on Mar. 23, 2013> |
Article 11 (Commercialization of Research Results and Developed Technologies) |
(1) | The Minister of Oceans and Fisheries shall conduct the following activities to promote the commercialization and industrialization of research results and developed technologies obtained through research and technology development under Article 10: <Amended on Mar. 23, 2013> |
1. | Sharing research results and developed technologies with salt business entities; |
2. | Securing rights to research results and developed technologies; |
3. | Promoting the transactions and transfer of research results and developed technologies; |
4. | Supporting the production of new technology products related to the salt industry; |
5. | Supporting the establishment of small and medium enterprises and venture businesses related to the salt industry; |
6. | Other matters necessary to promote the commercialization and industrialization of research results and developed technologies. |
(2) | The Minister of Oceans and Fisheries may provide necessary support for persons seeking to commercialize and industrialize research results and developed technologies related to the salt industry. <Amended on Mar. 23, 2013> |
(3) | The Minister of Oceans and Fisheries may establish and operate a Salt Research Center, as prescribed by Presidential Decree, to efficiently promote research and technology development under Article 10 and to commercialize and industrialize research results and developed technologies under paragraph (1). <Amended on Mar. 23, 2013> |
Article 12 (Promoting International Exchanges and Overseas Market Expansion) |
(1) | The State or local governments may conduct the following activities to enhance the export competitiveness of the salt industry and expand overseas markets for salt produced in the Republic of Korea: |
1. | Collecting and providing information on overseas salt markets and export; |
2. | International exchanges of information, technologies, and human resources related to the salt industry; |
3. | Supporting the exploration of overseas markets and publicity activities for the salt industry; |
4. | Holding and participating in international exhibitions, etc. related to the salt industry; |
5. | Other activities deemed necessary to promote international exchanges and overseas market expansion for the salt industry. |
(2) | Where the Minister of Oceans and Fisheries conducts the activities to expand into overseas markets under paragraph (1), he or she shall endeavor to strengthen linkages between those activities and the policies to globalize traditional food and dietary culture prescribed in Article 17 of the Food Industry Promotion Act. <Amended on Mar. 23, 2013> |
(3) | The State shall implement the international standardization of Korean salt by promoting cooperation with international organizations, such as the Food and Agriculture Organization of the United Nations and the Codex Alimentarius Commission, so as to improve the quality of Korean salt and expand into overseas markets therefor. |
(4) | The State or local governments may provide necessary support for individuals, organizations, etc. engaging in overseas publicity for Korean salt, export thereof, or exploration of overseas markets therefor. |
Article 13 (Establishing and Supporting Organizations) |
(1) | Salt business entities or persons determined by Ordinance of the Ministry of Oceans and Fisheries among those involved in the salt industry may establish an organization to promote the development of the salt industry, with authorization from the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
(2) | An organization referred to in paragraph (1) shall be a legal entity, and matters regarding the articles of incorporating, operating, supervising, etc. the organization shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
(3) | Where an organization referred to in paragraph (1) seeks to conduct activities to promote the salt industry and to improve the quality of salt, the Minister of Oceans and Fisheries may, within budgetary limits, provide necessary support after comprehensively examining the appropriateness, public nature, etc. of those activities. <Amended on Mar. 23, 2013> |
(4) | Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to an organization under paragraph (1). |
Article 14 (Modernization of Manufacturing Facilities) |
(1) | The Minister of Oceans and Fisheries shall establish and implement policies necessary to modernize, attain the optimum scale of, and automate salt farms and their surroundings, equipment and materials involved in salt farms, salt production and manufacturing facilities (including ripening facilities; hereinafter the same shall apply), etc. so as to strengthen the competitiveness of the salt industry, to increase the productivity thereof, and to ensure the safety of salt. <Amended on Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries shall establish and implement policies necessary to modernize and standardize salt packages, canisters, etc. and to modernize and automate packaging systems, so as to promote fairness in salt transactions and to protect consumers. <Amended on Mar. 23, 2013> |
(3) | The State or local governments may reimburse salters (including tenant producers and consignee producers of salt farms; hereafter in this paragraph the same shall apply) seeking to establish and improve salt farms, equipment and materials involved in salt farms, salt production and manufacturing facilities, and the like in accordance with policies for modernization, attainment of optimum scale, and automation prescribed in paragraph (1) and salters or salt distributers seeking to use packages, canisters, and the like modernized and standardized or to modernize and automate packaging systems prescribed in paragraph (2) for necessary expenses. |
(4) | Matters regarding the detailed scope of persons entitled to reimbursement prescribed in paragraph (3) and the criteria, procedures, methods, etc. for such reimbursement shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 15 (Exhibition and Publicity) |
(1) | The State or local governments may hold and operate salt exhibitions to publicize the excellence of Korean salt and promote the development of the salt industry. |
(2) | The State or local governments may provide necessary support for those who establish and operate publicity halls or education halls to publicize the excellence of Korean salt or to educate consumers on the proper use of salt and so on. |
(3) | Matters regarding holding and operating exhibitions prescribed in paragraph (1) and the persons entitled to support prescribed in paragraph (2) and the criteria, procedures, methods, etc. for such support shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 15-2 (Preservation and Succession of Traditional Production Methods) |
(1) | The State and local governments shall endeavor to preserve and inherit methods recognized to have traditional and cultural value recognized at national level (hereinafter referred to as "traditional production methods") among the salt manufacturing methods used by salt manufacturers for their long term by adapting to the environment, society, custom, etc. of the relevant area. |
(2) | The State and local governments may provide necessary support within the scope of the budget to salt manufacturers or salt businesses engaged in activities for the preservation and succession of traditional production methods pursuant to paragraph (1). |
(3) | Necessary matters regarding the targets, standards, procedures and methods of support under paragraph (2) shall be determined by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on May 26, 2020]
Article 16 (Establishing and Operating Salt-Producing District Processing Complexes) |
(1) | The State or local governments may provide persons establishing and operating or seeking to establish salt-producing district processing complexes with support necessary for securing or establishing sites or facilities therefor, so as to promote the sorting, packing, standard shipment, processing, sale, etc. of salt. |
(2) | The State or local governments may commission producers’ organizations or legal entities or organizations prescribed by Presidential Decree to operate salt-producing district processing complexes and then provide them with assistance necessary for the operation thereof. |
(3) | Other matters regarding establishing, operating, and supporting salt-producing district processing complexes shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 17 (Establishing and Operating Salt-Producing District Distribution Centers) |
(1) | The Minister of Oceans and Fisheries or Mayors/Do Governors may provide persons establishing and operating, or seeking to establish centers for distribution and sales of salt in producing districts (hereinafter referred to as “salt-producing district distribution centers”) with assistance necessary to secure or establish sites or facilities therefor, so as to promote fair salt transactions and sound distribution and sales. <Amended on Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries may commission the Korea Agro-Fisheries and Food Trade Corporation prescribed in the Korea Agro-Fisheries and Food Trade Corporation Act to operate salt-producing district distribution centers and then provide it with assistance necessary for the operation thereof. <Amended on Mar. 23, 2013> |
(4) | Other matters regarding establishing, operating, and supporting salt-producing district distribution centers and promoting electronic transactions shall be prescribed by Presidential Decree. |
Article 18 (Priority Purchase) |
(1) | The Minister of Oceans and Fisheries may request meal service facilities of the State, local governments, or public institutions, or other meal service facilities prescribed by Presidential Decree, to prioritize purchasing standardized products prescribed in Article 33 and certified high-quality sun-dried salt products prescribed in Article 39 in order to improve the quality of salt and promote the development of the salt industry. <Amended on Mar. 23, 2013; Dec. 11, 2018> |
(2) | The Minister of Oceans and Fisheries may establish and implement policies that would encourage food business entities prescribed in the Food Industry Promotion Act or fisheries food service business entities prescribed in the Seafood Industry Promotion and Support Act to use standardized products prescribed in Article 33 and certified high-quality sun-dried salt products prescribed in Article 39, and then reimburse necessary expenses incurred by the food business entities and food service business entities using such salt according to those policies, in order to create the added economic value of salt by strengthening links between the salt industry and the food industry or the food service industry. <Amended on Mar. 23, 2013; Dec. 11, 2018; Feb. 18, 2020> |
Article 19 (Encouraging Activities Supporting Coexistence and Cooperation) |
(1) | The Minister of Oceans and Fisheries may encourage salt farm owners and tenant producers or consignee producers, or producers or their organizations and processing enterprises or food enterprises, to conduct activities supporting coexistence and cooperation designed to promote their common interests in the areas of technology, human resources, funding, procurement, marketing, etc. <Amended on Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries may provide necessary support for persons conducting the activities for supporting coexistence and cooperation prescribed in paragraph (1). <Amended on Mar. 23, 2013> |
Article 20 (Assistance with Consultancy) |
(1) | The Minister of Oceans and Fisheries may designate consulting institutions to provide consulting services regarding the following matters so that they may assist salt business entities in improving their business management, technology, finance, accounting, etc.: <Amended on Mar. 23, 2013> |
1. | Providing consulting services according to the size and types of salt business entities’ business; |
2. | Construction of an evaluation system to secure credibility for results of consulting services; |
3. | Linking outcomes of consulting with a means of support, such as financing and subsidies; |
4. | Other business necessary to reinforce the foundations for consulting. |
(2) | The Minister of Oceans and Fisheries may provide necessary assistance for institutions rendering the consulting services prescribed in paragraph (1). <Amended on Mar. 23, 2013> |
(3) | Matters regarding the criteria and procedures for designation, management, etc. of the consulting institutions prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
CHAPTER III SALT FARM REGISTER AND PERMISSION AND REPORT
Article 21 (Preparing and Keeping Salt Farm Register) |
(1) | The Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, and the heads of Sis/Guns/Gus (referring to autonomous Gus; hereinafter referred to as the “heads of Sis/Guns/Gus”) having jurisdiction over locations of salt farms shall prepare and keep a salt farm register, as prescribed by Presidential Decree, to ensure the efficient use and management of salt farms by making it possible to grasp the actual conditions of the ownership and use thereof. |
(2) | If any of the entries in a salt farm register is to be changed, the head of a Si/Gun/Gu shall file it in the salt farm register without delay. |
(3) | If any matters to be entered into a salt farm register under paragraph (1) are processed through an electronic information processing system, the relevant files (referring to those recorded and kept in magnetic disks, magnetic tapes, or other similar media) shall be deemed the salt farm register under paragraph (1). |
(4) | If necessary to prepare and compile a salt farm register or to learn the status of the ownership and use of salt farms under paragraph (1), the head of the Si/Gun/Gu may have relevant salt farm owners, tenant producers, or consignee producers file necessary reports or instruct relevant public officials to visit the relevant salt farms, workplaces, or other places to investigate the situations. |
(5) | With respect to any report or any visitation and investigation, as prescribed by paragraph (4), the relevant salt farm owner, tenant producer, consignee producer, occupant, or manager shall not refuse, interfere with, or evade it without good cause. |
(6) | In making any visitation and inspection under paragraph (4), a notice of the date and time, purposes, objects, etc. of the inspection shall be given in advance to interested persons: Provided, That the same shall not apply in cases of urgency or where it is deemed that the purposes of the investigation may not be achieved if such notice is given in advance. |
(7) | Public officials conducting any inspection under paragraph (4) shall present documents indicating their authority to interested persons and issue them a document indicating their names, the time and purposes of their visitation, etc. at the time of their visitation. |
(8) | Matters regarding the matters to be recorded in salt farm registers, the forms, preparation, and management thereof, electronic information processing systems, etc. shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 22 (Inspection of Salt Farm Register or Issuance of Certified Copies Thereof) |
The head of a Si/Gun/Gu shall, upon receipt of an application for inspection of the salt farm register or for issuance of a certified copy thereof, allow such inspection or issue such certified copy, as determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
Article 23 (Permission to Engage in Salt Manufacturing Business) |
(1) | Any of the following persons shall obtain permission from the relevant Mayor/Do Governor. The same shall apply where he or she intends to change any of such important matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, among those permitted: <Amended on Mar. 23, 2013; Jan. 4, 2022> |
1. | A person who intends to develop a salt farm; |
2. | A person who intends to engage in the business of producing or manufacturing sun-dried salt or other salt prescribed by Presidential Decree in a salt farm; |
3. | A person who intends to engage in the business of manufacturing salt by using sun-drying process. |
(2) | Deleted. <Jan. 4, 2022> |
(3) | Deleted. <Jan. 4, 2022> |
(4) | A Mayor/Do Governor shall issue a document certifying the fact of permission to a person who has obtained permission under paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 11, 2018; Jan. 4, 2022> |
(5) | The requirements, facilities criteria, and procedures for permission under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018> |
Article 24 (Restriction on Permission) |
Any of the following persons shall be prohibited from obtaining permission prescribed in Article 23 (1): 1. | A person sentenced to a fine or heavier punishment for a violation of Article 23 and in whose case two years have not passed since the execution of such sentence was completed (or was deemed to have been terminated) or exempt; |
2. | A person in whose case two years have not passed since permission was revoked pursuant to Article 26; |
3. | A legal entity any of the executive officers of which falls under subparagraph 1 or 2. |
Article 25 (Succession to Status of Persons Granted Permission) |
(1) | If a person granted permission under Article 23 (1) deceases or transfers his or her rights and obligations or if a legal entity granted such permission is merged, his or her successor, the transferee, or a legal entity surviving such merger or established following such merger shall succeed to the status. |
(2) | Whoever acquires all of the salt farms or salt production or manufacturing facilities of a person granted permission under Article 23 (1), pursuant to any of the following formalities, shall succeed to the status of the person granted permission: <Amended on Dec. 27, 2016> |
4. | Procedures corresponding to those referred to in subparagraphs 1 through 3. |
(3) | Whoever succeeds to the status of a person granted permission under paragraph (1) or (2) shall report to the relevant Mayor/Do Governor thereon within 30 days from such succession, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
(4) | A Mayor/Do Governor in receipt of a report prescribed in paragraph (3) shall notify the reporting person of acceptance or non-acceptance of the report not later than 10 days after the date of receipt of the report. <Newly Inserted on Dec. 11, 2018> |
(5) | Where a Mayor/Do Governor fails to notify the person who files a report of whether he or she will accept the report or of an extension of the processing period under statutes or regulations relating to handling civil petitions within the period prescribed in paragraph (4), the report shall be deemed accepted on the day following the date said period (referring to the relevant processing period if the processing period has been extended or re-extended under statutes or regulations relating to handling civil petitions) has passed. <Amended on Dec. 11, 2018> |
Article 26 (Revocation of Permission) |
(1) | If a person granted permission under Article 23 (1) falls under any of the following cases, the relevant Mayor/Do Governor may revoke his or her permission or order him or her to suspend his or her business for a specified period not exceeding one year: Provided, That where he or she falls under subparagraph 1, 2, 4, or 6, the Mayor/Do Governor shall revoke his or her permission: <Amended on Feb. 3, 2015; Dec. 11, 2018; Jan. 4, 2022> |
1. | Where the person obtains permission by fraud or other improper means. |
2. | Where the ballast water disposal services provider continues business during a period of business suspension; |
3. | Where he or she fails to meet the requirements or facilities criteria for permission prescribed in Article 23 (5); |
4. | Where he or she becomes subject to permission restrictions prescribed in Article 24 (this shall not apply where an executive officer of a legal entity, who became subject to such restrictions, is replaced with another executive officer within three months); |
5. | Where he or she violates the safety management guidelines prescribed in Article 28; |
6. | Where it is uncovered that he or she has forced salt-farm workers to provide labor against their will. |
(2) | Standards for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of the type, severity, etc. of the relevant violation. <Newly Inserted on Jan. 4, 2022> |
Article 27 (Report on Inedible Salt Manufacturing Business) |
(1) | Any person who intends to produce, manufacture, or import any inedible salt prescribed by Presidential Decree shall report to the Minister of Oceans and Fisheries thereon. The same shall also apply where he or she intends to change important matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, among those so reported, or to discontinue his or her business. <Amended on Mar. 23, 2013> |
(2) | Upon receiving a report or a report on change under the former or latter part of paragraph (1), the Minister of Oceans and Fisheries shall notify the person who files a report of whether he or she will accept the report within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Dec. 11, 2018> |
(3) | Where the Minister of Oceans and Fisheries fails to notify the person who files a report of whether he or she will accept the report or of an extension of the processing period under statues or regulations relating to handling civil petitions within the period prescribed in paragraph (2), the report shall be deemed accepted on the day following the date said period (referring to the relevant processing period if the processing period has been extended or re-extended under statutes or regulations relating to handling civil petitions) has passed. <Newly Inserted on Dec. 11, 2018> |
(4) | Necessary matters regarding the details, methods, procedures, etc. of reporting prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 11, 2018> |
Article 27-2 (Reporting on Disuse of Salt Farms or Discontinuance of Salt Manufacturing Business) |
(1) | Where a person who has obtained permission under Article 23 (1) intends to disuse his or her salt farm or to discontinue his or her business, he or she shall report to the relevant Mayor/Do Governor. |
(2) | The details of and procedures for a report on the disuse of a salt farm or the discontinuance of salt manufacturing business under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Jan. 4, 2022]
CHAPTER IV SALT QUALITY CONTROL
SECTION 1 Conservation and Management of Sea Areas Used for Production of Sun-Dried Salt
Article 28 (Safety Management Guidelines) |
(1) | The Minister of Oceans and Fisheries shall determine and publicly announce safety management guidelines for seawater, sea areas, sandbars, salt farms, equipment, materials, etc. used for producing edible sun-dried salt (hereinafter referred to as “safety management guidelines”) in consulting with the heads of relevant central administrative agencies, to ensure the production and supply of safe sun-dried salt and the protection of consumers. <Amended on Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries may investigate the safety of seawater, sea areas, sandbars, salt farms, equipment, materials, etc. used for manufacturing edible sun-dried salt so as to enhance the quality and safety of sun-dried salt and its processed products. <Amended on Mar. 23, 2013> |
(3) | If the Minister of Oceans and Fisheries discovers, upon a safety investigation, that any of the criteria provided for in the related statutes or regulations is violated, he or she shall notify the head of a relevant administrative agency thereof and request him or her to take necessary measures pursuant to the related statutes. <Amended on Mar. 23, 2013> |
(4) | The head of the related administrative agency shall, upon receipt of a request under paragraph (3), comply with the request, unless any justifiable ground exists to the contrary. <Newly Inserted on May 26, 2020> |
(5) | The Minister of Oceans and Fisheries may outsource safety investigation under paragraph (2) to a relevant specialized institution or organization. In such cases, he or she may cover all or some of the expenses incurred by the relevant specialized institution or organization in the performing its duties. <Newly Inserted on Dec. 11, 2018> |
(6) | Matters regarding the criteria, target areas, procedures for safety investigations prescribed in paragraph (2), outsourcing duties under paragraph (5), and other matters shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018> |
Article 29 (Designating Sea Areas in Which Production of Edible Sun-Dried Salt Is Prohibited) |
(1) | The Minister of Oceans and Fisheries shall designate and publicly notify sea areas not meeting safety management guidelines as sea areas in which the production of edible sun-dried salt is prohibited. <Amended on Mar. 23, 2013> |
(2) | No person may develop a salt farm used for producing edible sun-dried salt, or produce edible sun-dried salt, within any sea area in which the production of edible sun-dried salt is prohibited. |
(3) | The Minister of Oceans and Fisheries may cancel the designation of a sea area in which the production of edible sun-dried salt is prohibited if it meets the safety management guidelines. <Amended on Mar. 23, 2013> |
(4) | Matters regarding the criteria, procedures, and methods for designating sea areas in which the production of edible sun-dried salt is prohibited under paragraph (1), the management of sea areas in which the production of edible sun-dried salt is prohibited under paragraph (2), or the criteria, procedures, methods, etc. for cancelling designation of sea areas in which the production of edible sun-dried salt is prohibited under paragraph (3), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 30 (Safety Management Measures) |
(1) | The Minister of Oceans and Fisheries shall, in consulting with the heads of relevant central administrative agencies, establish and implement safety management measures (hereinafter referred to as “safety management measures”) to restore the environment of sea areas in which the production of edible sun-dried salt is prohibited and to preserve and manage sea areas meeting the safety management guidelines (hereinafter referred to as “sea areas available for production of edible sun-dried salt”). <Amended on Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries shall notify the heads of relevant central administrative agencies and the heads of local governments of the safety management measures established under paragraph (1). <Amended on Mar. 23, 2013> |
(3) | If necessary to implement safety management measures, the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies or the heads of local governments to take necessary measures. In such cases, the heads of the relevant central administrative agencies and local governments so requested shall comply therewith unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013> |
Article 31 (Restrictions or Prohibitions within Sea Areas in Which Edible Sun-Dried Salt Is Produced and Their Surrounding Sea Areas) |
(1) | No person shall conduct any of the following activities within any sea area in which sun-dried salt is produced among those available for production of edible sun-dried salt (hereinafter referred to as “sea area in which edible sun-dried salt is produced”) and within one kilometer of the sea area in which edible sun-dried salt is produced (hereinafter referred to as “surrounding sea area”): <Amended on Aug. 27, 2019> |
(2) | The Minister of Oceans and Fisheries may restrict or prohibit the holder of a fish farming right (including a person who acquires fishing rights through a transfer, division, or alteration authorized under Article 30 of the Aquaculture Industry Development Act and a person responsible for managing fish farming facilities) from using any animal drugs prescribed in Article 85 of the Pharmaceutical Affairs Act in fish farming facilities established within a sea area in which edible sun-dried salt is produced or within its surrounding sea area, so as to prevent the pollution of sun-dried salt obtained in sea areas in which edible sun-dried salt is produced: Provided, That the same shall not apply where such animal drugs are used according to prescription by a fish doctor prescribed in subparagraph 13 of Article 2 of the Aquatic Life Disease Control Act or by a veterinarian prescribed in subparagraph 1 of Article 2 of the Veterinarians Act because a sea area in which edible sun-dried salt is produced or its surrounding sea area is infected with an aquatic life disease or epidemic. <Amended on Mar. 23, 2013; Aug. 27, 2019> |
(3) | If the Minister of Oceans and Fisheries seeks to restrict or prohibit the use of animal drugs, as prescribed in paragraph (2), he or she shall determine and publicly notify a period of restriction or prohibition not exceeding three months by sea areas in which edible sun-dried salt is produced (including their surrounding sea areas), taking into consideration the time of the year during which shipments of marine products in those sea areas are concentrated. <Amended on Mar. 23, 2013> |
SECTION 2 Standardization
Article 32 (Development of Standard Models for Salt Farms) |
(1) | The Minister of Oceans and Fisheries may develop standard models for salt farms and related facilities, equipment, materials, etc., standardize production processes through methods of producing sun-dried salt and then disseminate them to promote salt productivity and safety. <Amended on Mar. 23, 2013> |
(2) | Matters regarding developing and disseminating standard models and standardizing and disseminating production processes prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
(1) | The Minister of Oceans and Fisheries may determine package standards and grade standards for sun-dried salt (hereinafter referred to as “standards”), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, to enhance the commercial value and distribution efficiency of salt, to promote fairness in transactions, and to protect consumers. <Amended on Mar. 23, 2013> |
(2) | Any person who ships any sun-dried salt meeting the standards (hereinafter referred to as “standardized product”) may place a label indicating that it is a standardized product on the package, canister, etc. thereof, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 34 (Corrective Orders for Standardized Products) |
(1) | The Minister of Oceans and Fisheries may issue a corrective order or take measures to prohibit the sale of a standardized product or to suspend the use of a label if the product falls under any of the following cases: <Amended on Mar. 23, 2013; May 26, 2020> |
1. | Where it fails to meet the standards; |
2. | Where it is deemed impracticable to produce the standardized product due to the change, discontinuance, etc. of business; |
3. | Where the method of labeling is violated; |
4. | Where it refuses any report, visitation, inspection, check, or examination prescribed in Article 53 without good cause. |
(2) | Detailed criteria for the corrective orders, the prohibition of sale, and the suspension of labels prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
SECTION 3 Quality Inspections and Grade Labels
Article 35 (Quality Inspections) |
(1) | Salt produced and manufactured by salters and imported salt shall undergo quality inspections by the Minister of Oceans and Fisheries, a salt manufacturers’ association prescribed in the Salt Manufacture Act (hereinafter referred to as “salt manufacturers’ association”), or an institution designated by the Minister of Oceans and Fisheries: Provided, That quality inspections of any of the following salts may be omitted: <Amended on Mar. 23, 2013; Dec. 11, 2018> |
1. | Certified high-quality sun-dried salt products prescribed in Article 39; |
2. | Deleted; <Dec. 11, 2018> |
3. | Deleted; <Dec. 11, 2018> |
6. | Salt deemed not to require quality inspections in light of the purposes of use thereof, which is prescribed by the Ordinance of the Ministry of Oceans and Fisheries. |
(2) | Any person who intends to be designated as an institution conducting quality inspections (hereinafter referred to as “quality inspection institution”) pursuant to paragraph (1) shall meet all of the following requirements; and shall file an application for designation with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013> |
1. | To be equipped with human resources and facilities for inspection prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
2. | To be a nonprofit legal entity or organization; |
(3) | A quality inspection institution shall conduct quality inspections in accordance with criteria, methods, and procedures for quality inspections prescribed by Ordinance of the Ministry of Oceans and Fisheries; shall keep and preserve a record of such inspections; and shall report to the Minister of Oceans and Fisheries on its record of performance. <Amended on Mar. 23, 2013> |
(4) | A quality inspection institution shall establish its own regulations governing the details of quality inspections, as prescribed by Ordinance of the Ministry of Oceans and Fisheries and shall obtain approval therefor from the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
(5) | A quality inspection institution shall issue an applicant for quality inspection a document demonstrating the details and results of that inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
(6) | Matters necessary to keep and preserve inspection records and report records of performance prescribed in paragraph (3) shall be prescribed by Presidential Decree. |
Article 36 (Revocation of Designation of Quality Inspection Institutions) |
Where a quality inspection institution falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the designation thereof or order it to suspend the quality inspection business thereof for a fixed period not exceeding six months: Provided, That where it falls under subparagraph 1 or 2, he or she shall revoke the designation thereof: <Amended on Mar. 23, 2013>
1. | Where the trading agency has obtained the designation by fraud or other improper means; |
2. | Where it conducts quality inspection business during the period of business suspension; |
3. | Where it fails to conduct quality inspection business for at least six consecutive months without good cause; |
4. | Where it fails to meet the requirements provided for in Article 35 (2); |
5. | Where it fails to conduct the quality inspection business provided for in Article 35 (3) or (4); |
6. | Where it refuses or delays a quality inspection without good cause. |
Article 37 (Labels of Grade) |
(1) | A label of grade shall be placed on the package, canister, etc. of salt manufactured by a salter (excluding a person who is engaged in the business of manufacturing chemical byproduct salt; hereafter in this paragraph the same shall apply) or of imported salt: Provided, That for salt deemed not to require a grade label in light of the purposes of use thereof, which is prescribed by Ordinance of the Ministry of Oceans and Fisheries, the grade label may be omitted. <Amended on Mar. 23, 2013; May 26, 2020> |
(2) | Notwithstanding the main clause of paragraph (1), any salt labelled pursuant to the Act on Labeling and Advertising of Foods shall be deemed to bear a grade label prescribed in paragraph (1). <Amended on Mar. 13, 2018> |
(3) | Matters regarding the criteria, methods, etc. for grade labels prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 38 (System for Registering Geographical Indications) |
(1) | The Minister of Oceans and Fisheries shall establish a system for registering the geographical indications for salt so as to improve the quality of good salt that has a specific geographical origin or of its processed products, to foster region-specific industries based on such salt and products, and to protect consumers. <Amended on Mar. 23, 2013> |
SECTION 4 Sun-Dried Salt Certification System
Article 39 (Certification of High-Quality Sun-Dried Salt) |
(1) | The Minister of Oceans and Fisheries shall establish a certification system for high-quality sun-dried salt so as to promote the production of high-quality sun-dried salt and to protect consumers. <Amended on Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries shall determine and publicly notify the guidelines for the production, management, and quality control of high-quality sun-dried salt (hereinafter referred to as “guidelines for producing high-quality sun-dried salt”), including the following: <Amended on Mar. 23, 2013> |
1. | Matters relating to seawater, sandbars, facilities, equipment, materials, etc. used for the production, management, and quality control of high-quality sun-dried salt; |
2. | Matters relating to salt farms, workplaces, and their surroundings for the production, management, and quality control of high-quality sun-dried salt; |
3. | Matters relating to the production, management, and quality control of high-quality sun-dried salt; |
4. | Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(3) | Any person who intends to obtain certification of high-quality sun-dried salt under paragraph (1) (hereinafter referred to as “high-quality sun-dried salt certification”) shall file an application therefor with the Minister of Oceans and Fisheries: Provided, That any of the following persons shall be disqualified from filing an application for high-quality sun-dried salt certification: <Amended on Mar. 23, 2013> |
1. | A person in whose case one year has not passed since the high-quality sun-dried salt certification was revoked under Article 47; |
2. | A person in whose case one year has not passed since he or she was sentenced to a fine or heavier punishment in relation to high-quality sun-dried salt certification. |
(4) | Any person who has obtained high-quality sun-dried salt certification may put high-quality sun-dried salt certification labels on packages, canisters, etc. of sun-dried salt produced and managed pursuant to the guidelines for producing high-quality sun-dried salt in salt farms or workplaces to which the guidelines for producing high-quality sun-dried salt apply (hereinafter referred to as “certified high-quality sun-dried salt products”). |
(5) | The Minister of Oceans and Fisheries may conduct education and training associated with high-quality sun-dried salt certification or provide necessary technology and information for those who wish to obtain high-quality sun-dried salt certification or have obtained such certification (including their employees). <Amended on Mar. 23, 2013> |
(6) | The following matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013> |
1. | Matters relating to the methods, procedures, etc. for filing applications for high-quality sun-dried salt certification prescribed in paragraph (3); |
2. | Matters relating to the standards of labels, labeling methods, etc. for certified high-quality sun-dried salt products prescribed in paragraph (4); |
3. | Matters relating to education, training, etc. associated with high-quality sun-dried salt certification prescribed in paragraph (5). |
Article 40 Deleted. <Dec. 11, 2018> |
Article 41 Deleted. <Dec. 11, 2018> |
Article 42 (Period of Validity of Sun-Dried Salt Certification) |
(1) | A period of validity of high-quality sun-dried salt certification (hereinafter referred to as “sun-dried salt certification”) shall be two years from the date such certification is granted. <Amended on Mar. 23, 2013; Dec. 11, 2018> |
(2) | If a person granted sun-dried salt certification intends to maintain the certification even after the period of validity thereof expires, he or she shall file an application for renewal thereof with the Minister of Oceans and Fisheries, prior to the expiry of the period of validity, to undergo necessary examinations for renewal. <Amended on Mar. 23, 2013> |
(3) | If a person granted sun-dried salt certification fails to complete the shipment of the sun-dried salt within the period of validity prescribed in paragraph (1), the Minister of Oceans and Fisheries may decide to extend the period of validity until completion of such shipment through examination upon application by the person granted the sun-dried salt certification. <Amended on Mar. 23, 2013> |
(4) | Matters regarding the criteria, applications, and examinations for certification renewals prescribed in paragraph (2), the criteria, applications, examinations, etc. for extensions of the period of validity prescribed in paragraph (3), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 43 (Designation of Sun-Dried Salt Certification Institutions) |
(1) | The Minister of Oceans and Fisheries may designate a person equipped with human resources and facilities necessary for sun-dried salt certification as a sun-dried salt certification institution to conduct sun-dried salt certification. <Amended on Mar. 23, 2013> |
(2) | Any person who intends to be designated as a sun-dried salt certification institution shall file an application for designation with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That such application shall not be allowed if two years have not passed since his or her designation as a sun-dried salt certification institution was revoked under Article 44. <Amended on Mar. 23, 2013> |
(3) | The Minister of Oceans and Fisheries may reimburse sun-dried salt certification institutions for expenses required to perform their certification affairs, within budgetary limits. <Amended on Mar. 23, 2013> |
(4) | Matters regarding the criteria, procedures, etc. for designating sun-dried salt certification institutions shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 44 (Revocation of Designation of Sun-Dried Salt Certification Institutions) |
(1) | The Minister of Oceans and Fisheries may revoke the designation of a sun-dried salt certification institution or order it to suspend its business in whole or in part for a fixed period not exceeding six months in any of the following cases: Provided, That where it falls under subparagraph 1, the designation shall be revoked: <Amended on Mar. 23, 2013> |
1. | Where the trading agency has obtained the designation by fraud or other improper means; |
2. | Where the institution has not provided services for certification for over a year without good cause; |
3. | Where it no longer meets the criteria for designation prescribed in Article 43 (4); |
4. | Where salt not meeting the criteria for certification upon inspection, testing, etc. prescribed in Article 45 is found to have been certified as sun-dried salt by intention or gross negligence on the part of the certification institution; |
5. | Where it refuses any report, visitation, inspection, check, or examination prescribed in Article 53 without good cause. |
(2) | If a sun-dried salt certification institution provides certification services during the period of business suspension in violation of an order to suspend the whole or a part of its business prescribed in paragraph (1), the Minister of Oceans and Fisheries may revoke its designation. <Amended on Mar. 23, 2013> |
(3) | Detailed criteria for the revocation or suspension provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 45 (After-Sales Management of Sun-Dried Salt Certification) |
(1) | If deemed necessary to maintain the level of quality of certified sun-dried salt and to protect consumers, the Minister of Oceans and Fisheries may have relevant public officials and persons in charge of sun-dried salt certification institutions perform the following: <Amended on Mar. 23, 2013> |
1. | Examining appropriateness of sun-dried salt certification criteria; |
2. | Inspecting related books or documents by persons granted sun-dried salt certification at the places of production; |
3. | Collecting and inspecting the certified sun-dried salt or commissioning a specialized testing and research institute to conduct its testing. |
(2) | Any person granted sun-dried salt certification shall keep and preserve examination materials for certification, materials concerning management of salt farm facilities and transactions of certified sun-dried salt, and other related documents, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 46 (Corrective Orders for Certified Sun-Dried Salt Products) |
(1) | If any certified high-quality sun-dried salt product (hereinafter referred to as “certified sun-dried salt product”) falls under any of the following cases, the Minister of Oceans and Fisheries may issue a corrective order or take measures to prohibit the sale of such product or to suspend the use of a relevant certification label: <Amended on Mar. 23, 2013; Dec. 11, 2018; May 26, 2020> |
1. | Where it fails to meet the criteria for certification; |
2. | Where it is deemed impracticable to produce the certified sun-dried salt product due to the change, discontinuance, etc. of business; |
3. | Where the method of labeling is violated; |
4. | Where it refuses any report, visitation, inspection, check, or examination prescribed in Article 53 without good cause. |
(2) | Detailed criteria for the corrective orders, the prohibition of sale, and the suspension of use of labels provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 47 (Revocation of Sun-Dried Salt Certification) |
(1) | The Minister of Oceans and Fisheries may revoke sun-dried salt certification in any of the following cases: Provided, That in cases falling under subparagraph 1, the certification shall be revoked: <Amended on Mar. 23, 2013; May 26, 2020> |
1. | Where the sun-dried salt certification has been granted by fraud or other improper means; |
2. | Where it falls far short of the criteria for sun-dried salt certification; |
3. | Where it is deemed impracticable to produce the certified product due to the change, discontinuance, etc. of business; |
4. | Where a corrective order or a measure to prohibit the sale or to suspend the use of the certification label prescribed in Article 46 is not followed; |
5. | Where any report, visitation, inspection, check-up, or examination prescribed in Article 53 is refused at least twice without good cause. |
(2) | Detailed criteria for identifying cases falling far short of the criteria for certification provided for in paragraph (1) 2 shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 48 (Succession to Sun-Dried Salt Certification) |
(1) | If a person granted sun-dried salt certification transfers his or her business or deceases or if a legal entity granted such certification is merged, the transferee, successor (limited to a successor who seeks to continue to produce or manufacture the certified sun-dried salt), or legal entity surviving such merger or established following such merger may succeed to the status of the person granted the sun-dried salt certification. |
(2) | Whoever succeeds to the status of a person granted sun-dried salt certification, as provided for in paragraph (1) shall report to the Minister of Oceans and Fisheries thereon within 30 days from such succession. <Amended on Mar. 23, 2013> |
(3) | The Minister of Oceans and Fisheries shall notify the person who files a report of whether he or she will accept the report within 10 days after receiving the same under paragraph (2). <Newly Inserted on Dec. 11, 2018> |
(4) | Where the Minister of Oceans and Fisheries fails to notify the person who files a report of whether he or she will accept the report or of an extension of the processing period under statutes or regulations relating to processing civil petitions within the period provided in paragraph (3), the report shall be deemed accepted on the day following the date said period (referring to the relevant processing period if the processing period has been extended or re-extended under statutes or regulations relating to processing civil petitions) has passed. <Newly Inserted on Dec. 11, 2018> |
(5) | Matters necessary for the reporting provided in paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 11, 2018> |
SECTION 5 Prohibited Acts
Article 49 (Prohibition on Sale of Inedible Salt as Edible Salt) |
(1) | No chemical byproduct salt may be manufactured, stored, processed, distributed, kept, displayed, sold, imported, exported, used, or cooked as edible salt. |
(2) | No salt produced, manufactured, or imported as inedible salt may be processed, distributed, sold, exported, used, or cooked as edible salt, or stored, kept, or displayed with a view to selling or exporting it as edible salt. |
(3) | No salt produced, manufactured, or imported as edible salt, but thereafter stored, processed, distributed, kept, displayed, or used with a view to selling or exporting it as inedible salt, may be re-stored, re-processed, re-distributed, re-kept, re-displayed, re-used, or re-cooked as edible salt, except as provided for in Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 49-2 (Prohibition on Forced Labor) |
(1) | Where it is uncovered that salt-farm workers were forced to provide labor against their will, the Minister of Oceans and Fisheries may restitute subsidies provided under this Act. |
(2) | Matters regarding the subject, standards, and procedures of restitution under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 3, 2015]
Article 50 (Prohibition on Fraudulent Acts and False Labeling) |
(1) | Nobody shall commit an offence falling under the following subparagraphs: |
1. | Producing fake sun-dried salt in a salt farm in such a manner as to mix sun-dried salt with salt other than sun-dried salt or imported salt or to be likely to mislead it as sun-dried salt; |
2. | Obtaining permission prescribed in Article 23 by fraud or other improper means; |
3. | Filing a report prescribed in Article 27 by fraud or other improper means; |
4. | Undergoing a quality inspection prescribed in Article 35 (1) by fraud or other improper means; |
5. | Obtaining the designation of a quality inspection institution prescribed in Article 35 (2) by fraud or other improper means; |
6. | Making any false or fraudulent entries on a grade label prescribed in Article 37 (1); |
7. | Obtaining a high-quality sun-dried salt certification prescribed in Article 39 (1) by fraud or other improper means; |
8. | Deleted; <Dec. 11, 2018> |
9. | Deleted. <Dec. 11, 2018> |
(2) | No person shall perform any of the following: |
1. | Putting a label of standardized product or other similar labels on salt other than a standardized product prescribed in Article 33; |
2. | Putting a quality inspection label or other similar labels on salt that has failed to undergo or to pass a quality inspection prescribed in Article 35; |
3. | Putting a label of certified high-quality sun-dried salt product or other similar labels on salt other than a certified high-quality sun-dried salt product prescribed in Article 39; |
4. | Deleted; <Dec. 11, 2018> |
5. | Deleted. <Dec. 11, 2018> |
Article 51 (Prohibition on Sale and Export) |
(1) | No person shall sell or export any sun-dried salt produced in a sea area in which the production of edible sun-dried salt is prohibited under Article 29 as edible salt, or store, keep, or display such salt with a view to selling or exporting it as edible salt, with knowledge that such salt is produced in the prohibited sea area. |
(2) | No person shall perform any of the following: |
1. | Selling or exporting any standardized product prescribed in Article 33, mixed with salt other than such standardized product, or storing, keeping, or displaying such mixed product with a view to selling or exporting it; |
2. | Selling or exporting any salt that has passed a quality inspection prescribed in Article 35, mixed with salt that has failed to undergo or to pass such quality inspection, or storing, keeping, or displaying such mixed salt with a view to selling or exporting it; |
3. | Selling or exporting any salt bearing a grade label prescribed in Article 37, mixed with salt not bearing such grade label, or storing, keeping, or displaying such mixed salt with a view to selling or exporting it; |
4. | Selling or exporting any certified high-quality sun-dried salt product prescribed in Article 39, mixed with salt other than such certified high-quality sun-dried salt product, or storing, keeping, or displaying such mixed product with a view to selling or exporting it; |
5. | Deleted; <Dec. 11, 2018> |
6. | Deleted. <Dec. 11, 2018> |
(3) | No person shall perform any of the following: |
1. | With knowledge that salt is produced or manufactured by a person who has failed to obtain permission prescribed in Article 23, selling or exporting such salt, or storing, keeping, or displaying such salt with a view to selling or exporting it; |
2. | With knowledge that salt is produced or manufactured by a person whose permission is revoked or who is ordered to suspend his or her business, as prescribed in Article 26, selling or exporting such salt, or storing, keeping, or displaying such salt with a view to selling or exporting it; |
3. | With knowledge that salt is produced or manufactured by a person who has failed to file a report prescribed in Article 27, selling or exporting such salt, or storing, keeping, or displaying such salt with a view to selling or exporting it; |
4. | With knowledge that salt has failed to undergo or to pass a quality inspection prescribed in Article 35, selling or exporting such salt, or storing, keeping, or displaying such salt with a view to selling or exporting it as edible salt. |
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 52 (Cooperation by Related Institutions) |
(1) | The State and local governments (including public organizations having administrative authority, or having such authority based on delegation or entrustment, pursuant to statutes or self-governing rules; or their organs; or private individuals) shall cooperate with each other to efficiently promote the salt industry and control the quality of salt. |
(2) | The Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies, the heads of local governments, or the heads of public institutions to cooperate in using information stored in the electronic information processing systems managed by the State, local governments, or public institutions, if necessary to efficiently promote the salt industry and control the quality of salt. In such cases, the heads of relevant central administrative agencies, the heads of local governments, or the heads of public institutions so requested shall cooperate therewith unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013> |
(3) | The Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions, relevant research institutes and organizations, salt business entities, etc. to provide necessary materials and information, if necessary, to efficiently promote the salt industry and control the quality of salt. In such cases, those so requested shall cooperate therewith unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; May 26, 2020> |
(4) | Matters regarding procedures for cooperation prescribed in paragraphs (1) and (2), the provision of materials and information prescribed in paragraph (3), etc. shall be prescribed by Presidential Decree. |
Article 53 (Reports, Visitations, Inspections, Check-ups, and Examinations) |
(1) | If deemed necessary to enforce this Act, the Minister of Oceans and Fisheries may have salt business entities, educational and training institutions, professional training institutions, salt manufacturers’ associations, quality inspection institutions, and sun-dried salt certification institutions submit necessary reports or materials, and he or she may instruct related public officials to visit relevant places of business and work or other places to examine relevant documents, to check up and inspect facilities, equipment, and other things related to business or operations, and to collect the minimum quantity of salt necessary for inspection without compensation. <Amended on Mar. 23, 2013> |
(2) | With respect to the submission of a report or material or the visitation, inspection, check-up, examination, or collection as prescribed in paragraph (1), the relevant salt business entity, educational and training institution, professional training institution, salt manufacturers’ association, quality inspection institution, sun-dried salt certification institution, or occupant or manager of the salt involved shall not refuse, interfere with, or evade it without good cause. |
(3) | In conducting the visitation, inspection, check-up, examination, or collection under paragraph (1), a notice of the date and time, purposes, objects, etc. thereof shall be given in advance to interested persons: Provided, That the same shall not apply in cases of urgency or where it is deemed that the purposes thereof may not be achieved if such notice is given in advance. |
(4) | Public officials conducting the visitation, inspection, check-up, examination, or collection under paragraph (1) shall present documents verifying their authority to interested persons and issue them a document indicating their names, the time and purposes of their visitation, etc. at the time of their visitation. |
Article 54 (Honorary Guards) |
(1) | The Minister of Oceans and Fisheries or Mayors/Do Governors may commission members, executive officers and employee, etc. of consumer organizations or producer organizations as honorary guards to conduct monitoring, guidance, and awareness-raising activities regarding the distribution of salt, so as to establish a fair order in the distribution of salt. <Amended on Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries or Mayors/Do Governors may, within budgetary limits, reimburse honorary guards for expenses required for their monitoring activities. <Amended on Mar. 23, 2013> |
(3) | Matters regarding qualifications for, methods of commission and duties, etc. of honorary guards provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
Article 55 (Monetary Awards) |
The Minister of Oceans and Fisheries may, within budgetary limits, pay a monetary award to a person who files a report or a criminal complaint with the competent authorities or investigative agency against a person who has violated Article 29, 49, 50, or 51, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013>
1. | A person who files an application for issuance of a certified copy of the salt farm register, as prescribed in Article 22; |
2. | A person who undergoes a quality inspection, as prescribed in Article 35 (1); |
3. | A person who files an application for high-quality sun-dried salt certification, as prescribed in Article 39 (3); |
4. | Deleted; <Dec. 11, 2018> |
5. | Deleted. <Dec. 11, 2018> |
The Minister of Oceans and Fisheries or a Mayor/Do Governor shall hold a hearing if he or she intends to make any of the following dispositions: <Amended on Mar. 23, 2013>
1. | Revocation of permission or suspension of business prescribed in Article 26; |
2. | Prohibition on sale of a standardized product or suspension of use of the relevant label prescribed in Article 34 (1); |
3. | Revocation of designation of a quality inspection institution or suspension of its inspection business prescribed in Article 36; |
4. | Revocation of designation of a sun-dried salt certification institution or suspension of its certification business prescribed in Article 44; |
5. | Prohibition against sale of a certified sun-dried salt product or suspension of use of the relevant label prescribed in Article 46; |
6. | Revocation of sun-dried salt certification prescribed in Article 47 (1). |
Article 58 (Delegation and Entrustment of Authority) |
(1) | Except as otherwise expressly provided in this Act, the Minister of Oceans and Fisheries may, as prescribed by Presidential Decree, delegate part of his or her authority granted under this Act to the head of an agency under his or her control, the Administrator of the Rural Development Administration, or Mayors/Do Governors; and Mayors/Do Governors to the heads of Sis/Guns/Gus, respectively. <Amended on Mar. 23, 2013> |
(2) | Except as otherwise expressly provided in this Act, the Minister of Oceans and Fisheries may, as prescribed by Presidential Decree, entrust part of his or her duties granted under this Act to the following: <Amended on Mar. 23, 2013> |
1. | Producers’ Associations; |
Article 59 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
1. | Executive officers and employees of the Korea Agro-Fisheries and Food Trade Corporation who are engaged in the operation of salt-producing district distribution centers under Article 17; |
1-2. | Executive officers and employees of relevant specialized institutions or organizations who are engaged in the business of conducting safety inspections under Article 28 (5); |
2. | Executive officers and employees of salt manufacturers’ associations and quality inspection institutions who are engaged in the business of quality inspections under Article 35 (1); |
3. | Executive officers and employees of sun-dried salt certification institutions who are engaged in the business of sun-dried salt certification under Article 43 (1); |
4. | Executive officers and employees of producer organizations, etc. who are engaged in the duties entrusted under Article 58. |
CHAPTER VI? PENALTY PROVISIONS
Article 60 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won, or both: <Amended on Mar. 21, 2017>
1. | A person who develops a salt farm with a view to producing edible sun-dried salt, or produces edible sun-dried salt, within a sea area in which the production of edible sun-dried salt is prohibited, in violation of Article 29 (2); |
2. | A person who manufactures, stores, processes, distributes, keeps, displays, sells, imports, exports, uses, or cooks any chemical byproduct salt with a view to using it as edible salt, in violation of Article 49 (1); |
3. | A person who processes, distributes, sells, exports, uses, or cooks any salt produced, manufactured, or imported as inedible salt with a view to using it as edible salt, or stores, keeps, or displays such inedible salt with a view to selling or exporting it as edible salt, in violation of Article 49 (2); |
4. | A person who re-stores, re-processes, re-distributes, re-keeps, re-displays, re-uses, or re-cooks, as edible salt, any salt produced, manufactured, or imported as edible salt but thereafter stored, processed, distributed, kept, displayed, or used with a view to selling or exporting it as inedible salt, in violation of Article 49 (3). |
Article 61 (Penalty Provisions) |
Any person who intentionally violates Article 31 (1) 1 or 2 by discharging any oil, among pollutants, as prescribed in subparagraph 5 of Article 2 of the Marine Environment Management Act shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
Article 62 (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:
2. | A person who commits any of the following, in violation of Article 50 (1): |
(a) | Producing any fake sun-dried salt in a salt farm in such a manner as to mix sun-dried salt with salt other than sun-dried salt or imported salt or to be likely to mislead it as sun-dried salt; |
(b) | Obtaining permission prescribed in Article 23 by fraud or other improper means; |
(c) | Filing a report prescribed in Article 27 by fraud or other improper means; |
(d) | Undergoing a quality inspection prescribed in Article 35 (1) by fraud or other improper means; |
(e) | Obtaining the designation of a quality inspection institution prescribed in Article 35 (2) by fraud or other improper means; |
(f) | Making any false or fraudulent entries on a grade label prescribed in Article 37 (1); |
(g) | Obtaining high-quality sun-dried salt certification prescribed in Article 39 (1) by fraud or other improper means; |
(h) | Deleted; <Dec. 11, 2018> |
(i) | Deleted; <Dec. 11, 2018> |
3. | A person who commits any of the following, in violation of Article 50 (2): |
(a) | Putting a label of standardized product or other similar labels on salt other than a standardized product prescribed in Article 33; |
(b) | Putting a quality inspection label or other similar labels on salt that has failed to undergo or to pass a quality inspection prescribed in Article 35; |
(c) | Putting a label of certified high-quality sun-dried salt product or other similar labels on salt other than a certified high-quality sun-dried salt product prescribed in Article 39; |
(d) | Deleted; <Dec. 11, 2018> |
(e) | Deleted; <Dec. 11, 2018> |
4. | A person who sells or exports any sun-dried salt produced in a sea area in which the production of edible sun-dried salt is prohibited under Article 29 as edible salt, or stores, keeps, or displays such salt with a view to selling or exporting it as edible salt, with knowledge that such salt is produced in the prohibited sea area, in violation of Article 51 (1); |
5. | A person who commits any of the following, in violation of Article 51 (2): |
(a) | Selling or exporting any standardized product prescribed in Article 33, mixed with salt other than such standardized product, or storing, keeping, or displaying such mixed product with a view to selling or exporting it; |
(b) | Selling or exporting any salt that has passed a quality inspection prescribed in Article 35, mixed with salt that has failed to undergo or to pass such quality inspection, or storing, keeping, or displaying such mixed salt with a view to selling or exporting it; |
(c) | Selling or exporting any salt bearing a grade label prescribed in Article 37, mixed with salt not bearing such grade label, or storing, keeping, or displaying such mixed salt with a view to selling or exporting it; |
(d) | Selling or exporting any certified high-quality sun-dried salt product prescribed in Article 39, mixed with salt other than such certified high-quality sun-dried salt product, or storing, keeping, or displaying such mixed product with a view to selling or exporting it; |
(e) | Deleted; <Dec. 11, 2018> |
(f) | Deleted. <Dec. 11, 2018> |
Article 63 (Penalty Provisions) |
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 develops a salt farm or produces or manufactures salt without permission, in violation of Article 23; |
2. | A person who develops a salt farm or produces salt despite the revocation of his or her permission or the order to suspend his or her business issued under Article 26; |
3. | A person who produces any inedible salt without filing a report thereon, in violation of Article 27; |
4. | A person who uses an animal drug in violation of the main clause of Article 31 (2); |
5. | A person who fails to comply with a corrective order (excluding any corrective order regarding the method of labeling prescribed in Article 34 (1) 3) or a measure to prohibit sale or to suspend the use of a label, in violation of Article 34 (1); |
6. | A person who fails to undergo a quality inspection in violation of Article 35 (1); |
7. | A person who conducts a quality inspection during the period of business suspension despite the revocation of his or her designation as a quality inspection institution or the order to suspend his or her quality inspection business under Article 36; |
8. | A person who places a grade label in violation of Article 37 (1); |
9. | A person who obtains the designation of a sun-dried salt certification institution prescribed in Article 43 (1) by fraud or other improper means; |
10. | A person who conducts sun-dried salt certification without obtaining the designation of a sun-dried salt certification institution prescribed in Article 43 (1); |
11. | A person who conducts sun-dried salt certification during the period of business suspension despite the revocation of his or her designation or the order to suspend his or her business prescribed in Article 44 (1); |
12. | A person who fails to comply with a corrective order (excluding any corrective order regarding the method of labeling under subparagraph 3 of Article 46) or a measure to prohibit sale or to suspend the use of a label, in violation of Article 46; |
13. | A person who commits any of the following, in violation of Article 51 (3): |
(a) | With knowledge that salt is produced or manufactured by a person who has failed to obtain permission prescribed in Article 23, selling or exporting such salt, or storing, keeping, or displaying such salt with a view to selling or exporting it; |
(b) | With knowledge that salt is produced or manufactured by a person whose permission is revoked or who is ordered to suspend his or her business prescribed in Article 26, selling or exporting such salt, or storing, keeping, or displaying such salt with a view to selling or exporting it; |
(c) | With knowledge that salt is produced or manufactured by a person who has failed to file a report prescribed in Article 27, selling or exporting such salt, or storing, keeping, or displaying such salt with a view to selling or exporting it; |
(d) | With knowledge that salt has failed to undergo or pass a quality inspection prescribed in Article 35, selling or exporting such salt, or storing, keeping, or displaying such salt with a view to selling or exporting it as edible salt. |
Article 64 (Criminal Negligence) |
Article 65 (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 60 through 64 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 66 (Administrative Fines) |
(1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
1. | A person who fails to file a report on succession to the status of a salter prescribed in Article 25 (3); |
2. | A person who fails to comply with a corrective order regarding the method of labeling prescribed in Article 34 (1) 3 or 46 (1) 3; |
3. | A person who fails to submit a report or material, or refuses, interferes with, or evades any visitation, inspection, check-up, examination, collection, etc. by related public officials without good cause, in violation of Article 53 (2). |
(2) | Any person who fails to submit a report, or refuses, interferes with, or evades any visitation or investigation by related public officials without good cause, in violation of Article 21 (5), shall be subject to an administrative fine not exceeding five million won. |
(3) | Any person who raises livestock in a fish farming facility in violation of Article 31 (1) 3 shall be subject to an administrative fine not exceeding one million won. |
(4) | Administrative fines prescribed in paragraphs (1) through (3) shall be imposed and collected by the Minister of Oceans and Fisheries or the heads of local governments, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
ADDENDA <Act No. 11101, Nov. 22, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Preparations for Enforcement of This Act)
The Minister for Food, Agriculture, Forestry and Fisheries may make arrangements necessary to establish the Salt Research Center under the amended provisions of Article 11 and salt-producing district distribution centers established under the amended provisions of Article 17, even before this Act enters into force. Article 3 (General Transitional Measures)
The grant of permission or other act done by, or any application or other act done in relation to, an administrative agency under the previous Salt Management Act, as at the time this Act enters into force, shall be deemed an act done by or in relation to an administrative agency corresponding thereto under this Act. Article 4 (Transitional Measures concerning Permission and Designation)
(1) | Any person who has obtained permission to engage in salt manufacturing business, etc. under Article 3 (1) of the previous Salt Management Act as at the time this Act enters into force shall be deemed to have obtained permission to engage in salt manufacturing business, etc. under the amended provisions of Article 23 (1). |
(2) | Any person who has been designated as a quality inspection institution under Article 10 of the previous Salt Management Act as at the time this Act enters into force shall be deemed to have been designated as a quality inspection institution under the amended provisions of Article 35. |
Article 5 (Transitional Measures concerning Prohibition of Production in Abandoned Salt Farms)
No permission to engage in sun-dried salt manufacturing business shall be granted for any sun-dried salt farm, for which the effect of permission has been lost in accordance with the previous Salt Management Act, as at the time this Act enters into force, because the relevant salter received a subsidy for the disuse of the salt farm, for 10 years from the date the effect of such permission has been lost. Article 6 (Transitional Measures concerning Penalty Provisions)
In applying penalties and administrative fines for any acts committed in violation of the previous Salt Management Act before this Act enters into force, the former Salt Management Act shall prevail. Article 7 Omitted.
Article 8 (Relationship to Other Statutes)
The references in other statutes to the previous Salt Management Act or to the provisions thereof as at the time this Act enters into force, if this Act includes any provisions corresponding thereto, shall be deemed references to this Act or the corresponding provisions thereof in lieu of the previous provisions.
ADDENDA <Act No. 11700, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures Following Adjustment of Functions among Government Agencies)
Any administrative disposition or other acts done by, or any application, report, or other acts done in relation to, the Minister for Food, Agriculture, Forestry and Fisheries pursuant to the previous provisions before this Act enters into force shall be deemed an act done by or in relation to the Minister of Oceans and Fisheries under this Act.
Article 3 (Transitional Measures Following Establishment of Salt Industry Promotion Council)
Any matter on which the Food Industry Promotion Council under Article 5 of the Food Industry Promotion Act has conducted a prior deliberation pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have been deliberated on by the Salt Industry Promotion Council under the amended provisions of Article 6.
ADDENDUM <Act No. 13187, Feb. 3, 2015>
This Act shall enter into force three months after the date of its promulgation.
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. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 14735, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15483, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15915, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Permission to Disuse Salt Farm or to Discontinue Salt Manufacturing Business)
The amended provisions of Articles 23 (2) and (3), 25 (4) and (5), 27 (2) and (3), and 48 (3) and (4) shall begin to apply to the first application for permission to disuse salt farm or to discontinue salt manufacturing business, the first report on succession to the status of persons granted permission to engage in salt manufacturing business, etc., the first report on inedible salt manufacturing business or report on change thereof, or the first report on succession to sun-dried salt certification, after this Act enters into force. Article 3 (Transitional Measures concerning Repeal of Certification System)
The previous provisions governing quality certification (including provisions governing penalty provisions and administrative fines) shall apply to the sun-dried salt whose production processes obtained certification under the previous provisions of Article 40 and which also obtained environment-friendly sun-dried certification under the previous provisions of Article 41 as at the time this Act enters into force.
ADDENDA <Act No. 16125, Dec. 31, 2018>
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. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 17037, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 17330, May 26, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6(1) and 15-2 shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 18698, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Permission to Disuse Salt Farm or to Discontinue Salt Manufacturing Business)
The amended provisions of Article 27-2 (1) shall begin to apply where a salt farm is disused or salt manufacturing business, etc. is discontinued on or after the date this Act enters into force.