Law Viewer

Back Home

ENFORCEMENT DECREE OF THE SALT INDUSTRY PROMOTION ACT

Wholly Amended by Presidential Decree No. 24195, Nov. 23, 2012

Amended by Presidential Decree No. 24483, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 26225, May 1, 2015

Presidential Decree No. 26844, Dec. 31, 2015

Presidential Decree No. 29807, jun. 4, 2019

Presidential Decree No. 32568, Apr. 5, 2022

 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters mandated by the Salt Industry Promotion Act and other matters necessary for enforcing that Act.
 Article 2 (Sodium Chloride and Salt Content)
(1) “Ratio prescribed by Presidential Decree” in subparagraph 1 of Article 2 of the Salt Industry Promotion Act (hereinafter referred to as the “Act”) means 35/100.
(2) “Ratio prescribed by Presidential Decree” in subparagraph 9 of Article 2 of the Act means 50/100.
 Article 3 (Modification of Master Plans)
(1) “Where he or she intends to modify any minor matters prescribed by Presidential Decree” in the proviso of Article 5 (3) of the Act means a case not falling under any of the following:
1. Where he or she changes working expenses by project specified in a master plan to promote the salt industry (hereinafter referred to as the “master plan”) pursuant to Article 5 (1) of the Act in excess of 10/100 thereof;
2. Where he or she changes the implementation period so that it becomes effective after the deadline for implementation of the project specified in the master plan;
3. Where he or she changes any of the basic directions set for the master plan.
(2) In accordance with Article 5 (4) of the Act, the Minister of Oceans and Fisheries shall establish an implementation plan for developing the salt industry for the next year by December 31 of each year. <Amended on Mar. 23, 2013>
 Article 3-2 (Duties of Chairperson of Salt Industry Promotion Council)
(1) The chairperson of the Salt Industry Promotion Council referred to in Article 6 of the Act (hereinafter referred to as the “Council”) shall represent the Council and exercise overall control over the affairs thereof.
(2) The vice chairperson shall assist the chairperson and act on behalf of the chairperson if the chairperson is unable to perform his or her duties for any unavoidable reason.
[This Article Newly Inserted on Mar. 23, 2013]
 Article 3-3 (Removal from Office of Council Members)
(1) A person who has designated or recommended a Council member pursuant to Article 6 (4) 1 through 3 of the Act may withdraw his or her designation or recommendation if the relevant member falls under any of the following:
1. Where he or she becomes unable to perform his or her duties due to any mental or physical impairment on his or her part;
2. Where he or she engages in misconduct in relation to his or her duties;
3. Where he or she is deemed unfit for office as member on the grounds of neglect of duty, loss of dignity, and the like;
4. Where he or she declares that it is difficult for him or her to perform the duties of his or her office.
(2) If a Council member commissioned pursuant to Article 6 (4) 4 of the Act falls under any of the subparagraphs of paragraph (1), the Minister of Oceans and Fisheries may remove the member from his or her office.
[This Article Newly Inserted on Dec. 31, 2015]
[Previous Article 3-3 moved to Article 3-4 <Dec. 31, 2015>]
 Article 3-4 (Meetings)
(1) The chairperson of the Council shall convene and preside over meetings of the Council.
(2) A majority of the total members of the Council shall constitute a quorum at all its meetings and resolutions shall be passed with the concurrent vote of a majority of the members present.
(3) If deemed necessary in relation to matters subject to deliberation, the Council may ask interested parties, public officials of the relevant local government, and related experts to attend a meeting thereof to present their opinions, or to provide cooperation such as by submitting relevant materials.
[This Article Newly Inserted on Mar. 23, 2013]
[Moved from Article 3-3; previous Article 3-4 moved to Article 3-5 <Dec. 31, 2015>]
 Article 3-5 (Executive Secretary)
(1) The Council shall have one executive secretary to deal with the clerical work thereof.
(2) The executive secretary shall be designated by the Minister of Oceans and Fisheries from among the public officials of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on Mar. 23, 2013]
[Moved from Article 3-4; previous Article 3-5 moved to Article 3-6 <Dec. 31, 2015>]
 Article 3-6 (Allowances of Members)
Members and relevant experts attending any Council meeting may be paid allowances and travel expenses within the budget limit: Provided, That the same shall not apply where a public official attends a Council meeting directly in connection with his or her duties.
[This Article Newly Inserted on Mar. 23, 2013]
[Moved from Article 3-5; previous Article 3-6 moved to Article 3-7 <Dec. 31, 2015>]
 Article 3-7 (Operating Rules)
Necessary matters, other than those prescribed by this Decree, for administration of the Council shall be determined by the chairperson subject to resolution by the Council.
[This Article Newly Inserted on Mar. 23, 2013]
[Moved from Article 3-6 <Dec. 31, 2015>]
 Article 4 (Fact-Finding Surveys)
(1) The scope of a fact-finding survey under Article 7 (1) of the Act (hereinafter referred to as “fact-finding survey”) is as follows:
1. The status and surroundings of salt farms;
2. The status of and the supply and demand for salt farm labor;
3. The status of sun-dried salt manufacturing and processing technology;
4. The production cost, price at each distribution stage, and supply-demand situation of sun-dried salt;
5. Other matters requiring surveys to identify the status of the salt industry.
(2) A fact-finding survey shall be conducted by the Minister of Oceans and Fisheries in accordance with each of the following subparagraphs: <Amended on Mar. 23, 2013>
1. Regular survey: Conducted every two years;
2. Occasional survey: Conducted by the Minister of Oceans and Fisheries if deemed necessary.
(3) The Minister of Oceans and Fisheries may request a relevant institution to submit related materials or provide cooperation if necessary for conducting a fact-finding survey. <Amended on Mar. 23, 2013>
 Article 5 (Reimbursement of Expenses)
The Minister of Oceans and Fisheries or the head of a local government may reimburse a professional training institute designated pursuant to Article 9 (2) of the Act for all or part of the following expenses: <Amended on Mar. 23, 2013>
1. Remuneration and allowances for instructors;
2. Expenses for training materials and expenses for practice equipment and materials;
3. Other expenses that are deemed necessary for education and training.
 Article 6 (Establishment and Operation of Salt Research Center)
(1) Pursuant to Article 11 (3) of the Act, the Minister of Oceans and Fisheries may install and operate a Salt Research Center either alone or jointly with the following institution or organization: <Amended on Mar. 23, 2013>
1. A university or industrial college pursuant to subparagraphs 1 and 2 of Article 2 of the Higher Education Act;
2. A government-funded science and technology research institute pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
3. A specific research institute pursuant to the Specific Research Institutes Support Act.
(2) Except as provided in paragraph (1), those necessary for the establishment and operation of the Salt Research Center shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>
 Article 7 (Preparing Salt Farm Registers)
A salt farm register provided for in Article 21 (1) of the Act shall be prepared by salt farm of a person permitted to engage in a salt manufacturing business pursuant to Article 23 (1) 2 and 3 of the Act.
 Article 8 (Permission Procedures and Facilities Criteria for Salt Manufacturing Business)
(1) Pursuant to Article 23 of the Act, a person who falls under any of the following subparagraphs shall submit an application for permission to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as a “Mayor/Do Governor”), along with documents described in attached Table 1:
1. A person who intends to develop a salt farm;
2. A person who intends to engage in a business of producing or manufacturing either sun-dried salt or salt manufactured by using a sun-drying process;
3. A person who intends to change any of the permitted matters.
(2) The facilities criteria for the salt manufacturing business pursuant to Article 23 (1) 2 and 3 of the Act are as prescribed in attached Table 2.
(3) Deleted. <Apr. 5, 2022>
(4) Except as provided in paragraphs (1) and (2), matters necessary for the application for permission, the procedures therefor, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Apr. 5, 2022>
 Article 9 (Inedible Salt)
“Inedible salt prescribed by Presidential Decree” in Article 27 (1) of the Act means salt for inedible use, such as an industrial, scientific, or cosmetic use, excluding salt produced by a person permitted to engage in salt manufacturing business pursuant to Article 23 (1) 2 and 3 of the Act.
 Article 10 (Criteria for Safety Investigations)
The criteria, target areas, procedures, etc. for safety investigations pursuant to Article 28 (2) of the Act are as prescribed in attached Table 3.
 Article 11 (Keeping and Preserving of Inspection Records)
(1) The head of a quality inspection institution pursuant to Article 35 (2) of the Act (hereinafter referred to as “quality inspection institution”) shall preserve the inspection records prepared in accordance with paragraph (3) of the same Article for three years.
(2) The head of a quality inspection institution shall report his or her inspection findings to the Minister of Oceans and Fisheries by the relevant deadline prescribed in each of the following subparagraphs: <Amended on Mar. 23, 2013>
1. Quarterly inspection findings: Not later than the 15th of the month following the end of a quarter;
2. Annual inspection findings: Not later than January 31 of the next year.
 Article 12 Deleted. <Jun. 4, 2019>
 Article 12-2 (Restitution of Subsidies Following Exposure of Forced Labor)
(1) Subsidies that can be restituted by the Minister of Oceans and Fisheries under Article 49-2 (1) of the Act mean, of the subsidies provided by the State or a local government pursuant to Article 14 (3) of the Act to a salter (including a tenant producer and a consignee producer of the salt farm; hereafter in this Article the same shall apply) who is convicted of having forced salt-farm workers to provide labor against their will, all of those subsidies the salter received in the year he or she forced the salt-farm workers to provide labor.
(2) When intending to restitute a subsidy pursuant to paragraph (1), the Minister of Oceans and Fisheries shall give notice to the person liable to return the subsidy of its amount and the deadline of and method for payment.
(3) A person who has received notice under paragraph (2) shall pay the amount to be restituted within three months from the date of receipt of the notice.
[This Article Newly Inserted on May 1, 2015]
 Article 13 (Cooperation among Relevant Agencies)
When making a request for cooperation in using information stored in the electronic information processing systems pursuant to Article 52 (2) of the Act, the Minister of Oceans and Fisheries shall specify the following: <Amended on Mar. 23, 2013>
1. Grounds for cooperation;
2. The duration of cooperation;
3. The method of providing cooperation;
4. Other necessary matters.
 Article 14 (Rewards)
(1) The rewards payable in accordance with Article 55 of the Act shall not exceed two million won.
(2) No reward shall be paid to any person who files the report or criminal complaint which is the same in substance as that filed pursuant to Article 55 of the Act.
(3) Other than the matters provided for in paragraphs (1) and (2), those necessary for the standards, methods of, and procedures for the payment of rewards shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>
 Article 15 (Delegation of Authority)
(1) Pursuant to Article 58 (1) of the Act, the Minister of Oceans and Fisheries shall delegate to each Mayor/Do Governor the following authority: <Amended on Mar. 23, 2013; May 1, 2015>
1. Acceptance of reports on inedible salt manufacturing business, etc. pursuant to Article 27 of the Act;
2. Restitution of subsidies granted to a person who has violated the prohibition of forced labor pursuant to Article 49-2 of the Act;
3. Payment of rewards pursuant to Article 55 of the Act.
(2) Pursuant to Article 58 (1) of the Act, a Mayor/Do Governor shall delegate to the head of a Si, Gun, or autonomous Gu the following authority: <Amended on Jun. 4, 2019; Apr. 5, 2022>
1. Issuance of a permit for salt manufacturing business, etc. and other evidentiary documents pursuant to Article 23 of the Act;
2. Acceptance of a report on succession to status pursuant to Article 25 (4) of the Act;
3. Revocation of permission and issuing an order to suspend business pursuant to Article 26 of the Act.
4. Receipt of a report on the disuse of a salt farm or the discontinuance of salt manufacturing business, etc. under Article 27-2 (1) of the Act.
(3) Pursuant to Article 58 (1) of the Act, the Minister of Oceans and Fisheries shall delegate to the Director General of the National Fishery Products Quality Management Service the following authority: <Amended on Mar. 23, 2013>
1. Quality inspections pursuant to Article 35 (1) of the Act;
2. Public announcement of the guidelines for production of high-quality sun-dried salt pursuant to Article 39 (2) of the Act;
3. Deleted; <Jun. 4, 2019>
4. Deleted; <Jun. 4, 2019>
5. After-sales management of sun-dried salt certification pursuant to Article 45 (1) of the Act;
6. Corrective orders, the prohibition of sale, or the suspension of use of labels for certified sun-dried salt products pursuant to Article 46 of the Act;
7. Revocation of sun-dried salt certification pursuant to Article 47 (1) of the Act.
 Article 15-2 (Re-Examination of Regulation)
The Minister of Oceans and Fisheries shall review the propriety of the permission procedures and facilities criteria for salt manufacturing business, etc. pursuant to Article 8 and attached Tables 1 and 2, and take measures for the improvement thereof, every three years beginning on January 1, 2014 (not later than January 1 of a year every three years pass).
[This Article Newly Inserted on Dec. 30, 2013]
 Article 16 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 66 (4) of the Act are as prescribed in attached Table 4.
ADDENDA <Presidential Decree No. 24195, Nov. 23, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Facilities Criteria for Salt Manufacturing Business)
A person granted permission to engage in salt manufacturing business in accordance with Article 3 (1) of the previous Salt Management Act shall have facilities pursuant to the amended provisions of Article 8 (2) by no later than May 22, 2015.
Article 3 Omitted.
Article 4 (Relationship to Other Statutes or Regulations)
As at the time this Decree enters into force, where other statutes or regulations cite the previous Enforcement Decree of the Salt Management Act or the provisions thereof, if this Decree includes any provisions corresponding thereto, this Decree or the corresponding provisions of this Decree shall be deemed cited in lieu of the previous provisions.
ADDENDUM <Presidential Decree No. 24483, Mar. 23, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 26225, May 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 4, 2015.
Article 2 (Applicability to Persons Subject to Restitution of Subsidies)
The amended provisions of Article 12-2 shall apply where a salter has forced salt-farm workers to provide labor against their will after this Decree enters into force.
Article 3 (Exception to Restitution of Subsidies Provided in 2015)
Notwithstanding the amended provisions of Article 12-2 (1), no subsidy provided by the State or a local government to a salter during the period between January 1, 2015 and the day before this Decree enters into force shall be subject to restitution.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29807, Jun. 4, 2019>
This Decree shall enter into force on June 12, 2019.
ADDENDUM <Presidential Decree No. 32568, Apr. 5, 2022>
This Decree shall enter into force on April 5, 2022.