CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to increasing the income of farmers and the growth and development of agriculture and rural communities by promoting an automated and unmanned precision agriculture system through the convergence of agriculture and advanced information and communications technology, etc.
The terms used in this Act are defined as follows:
| 1. | The term "smart farming" means agriculture (referring to agriculture defined in the Framework Act on Agriculture, Rural Community and Food Industry; hereinafter the same shall apply) that applies advanced technologies such as information and communications technology for the improvement of agricultural productivity and quality, the reduction of management and labor costs, etc.; |
| 2. | The term "smart farming data" means information on the growth environment and status, etc. generated or utilized in the process of operating smart farming, which is indicated in the form of figures, text, images, etc. |
| Article 3 (Responsibilities of the State and Local Governments) |
The State and local governments shall formulate and implement policies necessary for the fostering and sustainable development of smart farming and related industries.
CHAPTER II SYSTEM FOR FOSTERING AND SUPPORTING SMART FARMING
| Article 4 (Formulation of Master Plan to Foster Smart Farming) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall formulate a master plan to foster smart farming (hereinafter referred to as "master plan") every five years to foster smart farming and related industries in a strategic and systematic manner. |
| (2) | A master plan shall include the following information: |
| 1. | Objectives and basic direction for fostering smart farming; |
| 2. | Matters regarding laying a foundation for smart farming; |
| 3. | Matters regarding fostering human resources and providing training and publicity for smart farming; |
| 4. | Matters regarding research, development, and distribution of smart farming-related technologies; |
| 5. | Matters regarding fostering and supporting the industries of equipment and services related to smart farming; |
| 6. | Matters regarding supporting standardization related to smart farming; |
| 7. | Matters regarding collecting, analyzing, and utilizing smart farming data; |
| 8. | A medium- and long-term investment plan to foster and support smart farming; |
| 9. | Other matters that the Minister of Agriculture, Food and Rural Affairs deems necessary to foster smart farming. |
| (3) | The Minister of Agriculture, Food and Rural Affairs shall formulate and implement an annual action plan to foster smart farming (hereinafter referred to as "action plan") in accordance with the relevant master plan. |
| (4) | Where the Minister of Agriculture, Food and Rural Affairs intends to formulate or modify a master plan and an action plan, the Minister shall have a prior consultation with the heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor). |
| (5) | Where the Minister of Agriculture, Food and Rural Affairs has formulated or modified a master plan and an action plan, the Minister shall notify such fact to the heads of the relevant central administrative agencies and Mayors/Do Governors and shall publish it, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the formulation and implementation of master plans and action plans shall be prescribed by Presidential Decree. |
| Article 5 (Formulation of Plan to Foster City/Do Smart Farming) |
| (1) | A Mayor/Do Governor shall formulate and implement an annual plan to foster smart farming (hereinafter referred to as "City/Do plan") of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") in accordance with the relevant master plan and action plan. |
| (2) | A City/Do plan shall include the following information: |
| 1. | Objectives and strategies for fostering smart farming in the relevant region; |
| 2. | Current conditions and prospects of smart farming in the relevant region; |
| 3. | Laying a foundation for smart farming in the relevant region; |
| 4. | Distribution and dissemination of smart farming in the relevant region; |
| 5. | Allocation and investment of financial resources necessary to foster smart farming in the relevant region; |
| 6. | Other matters that a Mayor/Do Governor deems necessary to foster smart farming in the relevant region. |
| (3) | Where intending to formulate or modify a City/Do plan, a Mayor/Do Governor shall have a prior consultation with the Minister of Agriculture, Food and Rural Affairs, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, and a Do Governor with the head of the relevant Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply). |
| (4) | Where a Mayor/Do Governor has formulated or modified a City/Do plan, he or she shall notify such fact to the Minister of Agriculture, Food and Rural Affairs and the head of the relevant Si/Gun/Gu and shall publish it, as prescribed by ordinance of the relevant local government. |
| (5) | The Minister of Agriculture, Food and Rural Affairs may provide necessary support for a City/Do plan by evaluating the connectivity with the relevant master plan and action plan and the results of implementing the plan, etc. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary to formulate and implement City/Do plans shall be prescribed by Presidential Decree. |
| Article 6 (Designation of Smart Farming Support Center) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may designate a public institution with expertise in smart farming as a smart farming support center to conduct business affairs necessary for fostering and supporting smart farming, among public institutions under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institutions"). |
| (2) | The Minister of Agriculture, Food and Rural Affairs may provide support necessary to operate a smart farming support center designated pursuant to paragraph (1). |
| (3) | The scope of business affairs necessary for fostering and supporting smart farming under paragraph (1) and other matters necessary for the designation, and operation, etc. of a smart farming support center shall be prescribed by Presidential Decree. |
| Article 7 (Fact-Finding Survey) |
| (1) | To efficiently formulate and implement a policy on smart farming, the Minister of Agriculture, Food and Rural Affairs shall conduct an annual fact-finding survey on smart farming and publish the findings of the survey. |
| (2) | Matters necessary for the details and methods, etc. of fact-finding surveys under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER III LAYING FOUNDATION FOR SMART FARMING
| Article 8 (Designation of Smart Farming Professional Training Institution) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may designate a person who meets the requirements prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, in terms of human resources and facilities, etc. necessary for training professional human resources in smart farming, as a smart farming professional training institution to provide training necessary for developing professional human resources. |
| (2) | A person who intends to be designated as a smart farming professional training institution pursuant to paragraph (1) shall file an application therefor with the Minister of Agriculture, Food and Rural Affairs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (3) | The Minister of Agriculture, Food and Rural Affairs may provide support necessary to operate a smart farming professional training institution designated pursuant to paragraph (1). |
| (4) | Where a smart farming professional training institution designated pursuant to paragraph (1) is deemed incapable of providing training to develop professional human resources or ceases to meet the requirements for designation referred to in paragraph (1), the Minister of Agriculture, Food and Rural Affairs may issue an order to take corrective measures within a fixed period not exceeding two months. |
| (5) | Where a smart farming professional training institution falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs may revoke the designation thereof: Provided, That the Minister shall revoke such designation in the case of subparagraph 1: |
| 1. | Where it is designated by fraud or other improper means; |
| 2. | Where it fails to comply with a corrective order issued pursuant to paragraph (4); |
| 3. | Where it has failed to conduct its business affairs for at least one year without good cause. |
| (6) | Matters necessary for the procedures, methods, etc. for designating smart farming professional training institutions shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 9 (Smart Farming Manager) |
| (1) | A person who intends to become a smart farming manager shall have any of the following qualifications: |
| 1. | To pass a smart farming manager qualification exam administered by the Minister of Agriculture, Food and Rural Affairs; |
| 2. | To acquire all of the following qualifications: |
| (a) | To obtain national technical qualifications related to smart farming prescribed by Presidential Decree; |
| (b) | To complete a training course related to smart farming prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| (2) | The Minister of Agriculture, Food and Rural Affairs shall issue a qualification certificate to a person qualified as a smart farming manager as prescribed in paragraph (1). |
| (3) | A smart farming manager shall conduct business affairs of offering training and guidance, distributing technology, and providing information and consultations, etc. in relation to smart farming. |
| (4) | No smart farming manager shall allow another person to use his or her title or lend his or her qualification certificate to another person. |
| (5) | No person shall use the title of, or borrow the qualification certificate of, a smart farming manager without obtaining such qualifications and shall help the use of such title or the lending of such certificate. |
| (6) | Matters necessary for the subjects of, and methods for, a qualifying examination for smart farming managers under paragraph (1) and the issuance, etc. of qualification certificates under paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 10 (Revocation and Suspension of Qualifications of Smart Farming Manager) |
| (1) | The Minister of the Korea Forest Service may revoke the qualifications of a smart farming manager or suspend such qualifications for a period of up to three years, if the smart farming manager falls under any of the following cases: Provided, That the Minister shall revoke such qualifications in the case of subparagraph 1 or 2: |
| 1. | Where the manager obtains the qualifications by fraud or other improper means; |
| 2. | Where the manager conducts business affairs during the business suspension period; |
| 3. | Where the manager allows another person to use his or her title as a smart farming manager or lends his or her qualification certificate to another person, in violation of Article 9 (4); |
| 4. | Where another person helps the use of the title of the smart farming manager or the lending of qualification certificate of the manager, in violation of Article 9 (5). |
| (2) | No person whose qualifications of a smart farming manager are revoked pursuant to paragraph (1) shall re-obtain such qualifications unless three years have passed from the date his or her qualifications are revoked. |
| (3) | The detailed criteria for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. |
| Article 11 (Development of Technology Related to Smart Farming) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall formulate policy measures to facilitate the development of technologies and equipment related to smart farming. |
| (2) | To facilitate the commercialization of technologies and equipment related to smart farming, the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu may assist persons with the relevant technologies and equipment for technology demonstration and inspection of equipment. |
| (3) | The Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu may provide necessary assistance so that a person who manufactures or sells equipment, etc. related to smart farming can efficiently conduct post-management, such as training on the methods of using the relevant equipment, etc. |
| Article 12 (Implementation of Standardization Project) |
| (1) | To facilitate the distribution of smart farming, the Government may implement projects for standardizing equipment related to smart farming and smart farming data, etc. |
| (2) | The details of standardization projects under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 13 (Establishment and Operation of Smart Farming Data Platform) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may establish and operate a smart farming data platform (hereinafter referred to as "data platform") to efficiently collect and utilize smart farming data. |
| (2) | The Minister of Agriculture, Food and Rural Affairs may operate a data platform in connection with a smart farming-related information system operated by a central administrative agency, local government, or public institution, or the relevant institution, corporation, or organization. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the establishment and operation of a data platform shall be prescribed by Presidential Decree. |
| Article 14 (Designation of Hub Complex for Supporting Smart Farming) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may designate a hub complex for supporting smart farming (hereinafter referred to as "hub complex") upon application of a Mayor/Do Governor, to train farmers specialized in smart farming and comprehensively support the demonstration of technologies related to smart farming, the utilization of smart farming data, etc. |
| (2) | When Minister of Agriculture, Food and Rural Affairs intends to designate a hub complex pursuant to paragraph (1), the Minister shall have a prior consultation with the head of the relevant central administrative agency. |
| (3) | To be designated as a hub complex pursuant to paragraph (1), all of the following requirements shall be met: |
| 1. | To be equipped with a greenhouse, livestock breeding structure, or open-field cultivation complex for training and practice, in order to develop professional human resources related to smart farming; |
| 3. | To be equipped with a greenhouse, livestock breeding structure, or open-field cultivation complex for demonstration of technologies related to smart farming; |
| 4. | To have computer equipment and facilities for collecting and utilizing smart farming data. |
| (4) | When filing an application for the designation of a hub complex pursuant to paragraph (1), a Mayor/Do Governor shall submit a hub complex fostering plan that includes the following information, to the Minister of Agriculture, Food and Rural Affairs: |
| 1. | The location and area of the hub complex; |
| 2. | Objectives of, and mid- to long-term direction for the development of, the hub complex; |
| 3. | Status of, and a plan for, the installation of infrastructure in the hub complex; |
| 4. | A plan for projects to be performed in the hub complex, an annual investment plan, and a financing plan; |
| 5. | Other matters that the Minister of Agriculture, Food and Rural Affairs deems necessary to develop hub complexes. |
| (5) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor intends to formulate a hub complex fostering plan pursuant to paragraph (4), he or she shall have a prior consultation with the head of a Si/Gun/Gu having jurisdiction over the relevant hub complex. |
| (6) | Where the Minister of Agriculture, Food and Rural Affairs intends to designate a hub complex pursuant to paragraph (1), the Minister shall give a comprehensive consideration to the feasibility of the hub complex fostering plan under paragraph (4), practicality of such plan, etc. |
| (7) | Where the Minister of Agriculture, Food and Rural Affairs has designated a hub complex pursuant to paragraph (1), the Minister shall give public notice of the name, location, area, etc. of the hub complex in the Official Gazette and notify the relevant Mayor/Do Governor thereof. |
| (8) | The Minister of Agriculture, Food and Rural Affairs may provide support necessary to develop a hub complex designated pursuant to paragraph (1). |
| (9) | The Minister of Agriculture, Food and Rural Affairs may revoke the designation of a hub complex, in any of the following cases: Provided, That the Minister shall revoke such designation in the case of subparagraph 1: |
| 1. | Where the hub complex is designated by fraud or other improper means; |
| 2. | Where the hub complex ceases to meet the requirements for designation under paragraph (3); |
| 3. | Other cases where it is impracticable to maintain the designation as a hub complex for any reason prescribed by Presidential Decree. |
| (10) | Matters necessary for the procedures, methods, etc. for designating hub complexes shall be prescribed by Presidential Decree. |
CHAPTER IV DISTRIBUTION AND DISSEMINATION OF SMART FARMING
| Article 15 (Designation of Smart Farming Fostering District) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may designate a smart farming fostering district (hereinafter referred to as "fostering district") upon application of a Mayor/Do Governor, to concentrate smart farming and related industries and disseminate them at a regional level. |
| (2) | Where the Minister of Agriculture, Food and Rural Affairs intends to designate a fostering district pursuant to paragraph (1), the Minister shall have a prior consultation with the head of the relevant central administrative agency. |
| (3) | When filing an application for the designation of a fostering district pursuant to paragraph (1), a Mayor/Do Governor shall submit a fostering district construction plan that includes the following information, to the Minister of Agriculture, Food and Rural Affairs: |
| 1. | The purpose of the construction of the fostering district; |
| 2. | Matters regarding the siting of the fostering district, including the location and area; |
| 3. | Matters regarding laying a foundation for the fostering district; |
| 4. | A detailed plan for the construction of the fostering district and a financing plan; |
| 5. | A plan for invigorating the fostering district; |
| 6. | Other matters that the Minister of Agriculture, Food and Rural Affairs deems necessary to construct the fostering district. |
| (4) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor intends to formulate a fostering district construction plan pursuant to paragraph (3), he or she shall have a prior consultation with the head of a Si/Gun/Gu having jurisdiction over the relevant fostering district. |
| (5) | Where the Minister of Agriculture, Food and Rural Affairs intends to designate a fostering district pursuant to paragraph (1), the Minister shall give a comprehensive consideration to the feasibility of the fostering district construction plan under paragraph (3), practicality of such plan, etc. |
| (6) | Where the Minister of Agriculture, Food and Rural Affairs has designated a fostering district pursuant to paragraph (1), the Minister shall give public notice of the name, location, area, etc. of the fostering district in the Official Gazette and notify the relevant Mayor/Do Governor thereof. |
| (7) | The Minister of Agriculture, Food and Rural Affairs may provide support necessary to construct a fostering district designated pursuant to paragraph (1). |
| (8) | The Minister of Agriculture, Food and Rural Affairs may revoke the designation of a fostering district, in any of the following cases: Provided, That the Minister shall revoke such designation in the case of subparagraph 1: |
| 1. | Where the fostering district is designated by fraud or other improper means; |
| 2. | Where no application is filed for approval of an action plan for a district construction project under Article 17 (1) by the date on which one year has elapsed from the date the fostering district was designated; |
| 3. | Other cases where it is impracticable to maintain the designation as a fostering district for any reason prescribed by Presidential Decree. |
| (9) | Matters necessary for the procedures, methods, etc. for designating fostering districts shall be prescribed by Presidential Decree. |
| Article 16 (Implementer of District Construction Project) |
| (1) | A project to construct a fostering district (hereinafter referred to as "district construction project") shall be implemented by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the fostering district: Provided, That if necessary to efficiently promote a district construction project, any of the following persons may be designated as the implementer of a district construction project to fully or partially conduct the district construction project: |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may revoke the designation of a person as the implementer of a district construction project under paragraph (1), in any of the following cases: Provided, That such designation shall be revoked in the case of subparagraph 1: |
| 1. | Where the person is designated by fraud or other improper means; |
| 2. | Where the person fails to commence the district construction project by the date on which three months have elapsed from the date an action plan for such project was approved under Article 17 (1); |
| 3. | Where it is deemed impractical to conduct the district construction project due to non-payment or bankruptcy of the implementer of such project or for any other similar reason. |
| (3) | Matters necessary for the designation of implementers of district construction projects under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Formulation of Action Plan for District Construction Project) |
| (1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or a person designated as the implementer of a district construction project pursuant to Article 16 (1) (hereinafter referred to as "project implementer") shall formulate an action plan for the district construction project (hereinafter referred to as "action plan") and obtain approval thereof from the Minister of Agriculture, Food and Rural Affairs. The same shall also apply to the modification of important matters prescribed by Presidential Decree among the approved matters. |
| (2) | An action plan shall include the following information: |
| 1. | The purpose of the project; |
| 2. | The name, location, and area of the project; |
| 3. | The name of the project implementer; |
| 4. | Major details of the project; |
| 5. | A financing plan and annual investment plan; |
| 6. | The period for implementing the project; |
| 7. | Other matters that the Minister of Agriculture, Food and Rural Affairs deems necessary to be included in the action plan in accordance with the relevant fostering district construction plan. |
| (3) | Where the Minister of Agriculture, Food and Rural Affairs approves an action plan or any modification of such plan pursuant to paragraph (1), the Minister shall give public notice of the details thereof in the Official Gazette and notify the relevant project implementer and the competent Mayor/Do Governor thereof. |
| (4) | Matters necessary for the procedures, methods, etc. for approval of action plans shall be prescribed by Presidential Decree. |
| Article 18 (Constructive Authorization or Permission, etc.) |
| (1) | Where a project implementer obtains approval of an action plan or approval for any modification thereof under Article 17 (1), if the Minister of Agriculture, Food and Rural Affairs has a prior consultation on the following permission, authorization, designation, approval, consultation, or report, etc. (hereinafter referred to as "authorization or permission, etc.") with the heads of the relevant administrative agencies with authority for authorization or permission, etc., the relevant authorization or permission, etc. shall be deemed obtained, completed, or filed; where approval of an action plan or approval for any modification thereof under paragraph (3) of that Article is publicly notified, authorization or permission, etc. under the statutes specified in the following shall be deemed publicly notified or publicly announced: |
| 3. | Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act (excluding determination and alteration of a special-purpose area, a special-purpose district, and a special-purpose zone); determination of an urban or Gun management plan to establish urban or Gun planning facilities under Article 43 of that Act; permission for development activities under Article 56 of that Act; designation of the implementer of an urban or Gun planning facility project under Article 86 of that Act; and authorization of the action plan for an urban or Gun planning facility project under Article 88 of that Act; |
| 4. | Permission or consultation to convert farmland under Article 34 of the Farmland Act, reporting on conversion of farmland under Article 35 of that Act, and permission or consultation to temporarily use farmland for other purposes under Article 36 of that Act; |
| 5. | Permission to conduct road works by a person, other than a road management authority, under Article 36 of the Road Act; designation of a clearance zone under Article 40 of that Act; permission to occupy and use a road under Article 61 of that Act; and consultation with, or approval from, a road management authority under Article 107 of that Act; |
| 16. | Approval of, or consultation on, a master plan for sewerage maintenance under Article 6 of the Sewerage Act; authorization for installation of a public sewerage system under Article 11 of that Act; permission to conduct construction works under Article 16 of that Act; and permission for occupation and use under Article 24 of that Act; |
| 17. | Consultation with, or approval from, a river management agency under Article 6 of the River Act; permission to conduct river improvement works under Article 30 of that Act; permission to occupy and use a river under Article 33 of that Act; permission to perform an act in a flood control area under Article 38 of that Act; and concession of a desolate river site, etc. under Article 85 of that Act. |
| (2) | Where authorization or permission, etc. under the other statues are deemed obtained, completed, or filed pursuant to paragraph (1), the fees imposed under the relevant statutes shall be exempted. |
| (3) | Except as provided in paragraphs (1) and (2), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards for, and effects, etc. of, constructive authorization or permission, etc. |
| Article 19 (Fostering of Service Industry Related to Smart Farming) |
The Minister of Agriculture, Food and Rural Affairs shall formulate policy measures to foster a service industry related to smart farming that supports the growth and disease control, etc. of agricultural crops or livestock, by utilizing smart farming data, etc.
| Article 20 (Promotion of International Cooperation and Support for Exportation) |
| (1) | The Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu may promote international cooperation with international organizations or foreign governments, universities, research institutes, etc. for the exchange of information and human resources, technological cooperation, joint surveys and research, etc. related to smart farming. |
| (2) | The Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu may provide support necessary to facilitate the export of equipment, installation, etc. related to smart farming. |
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
| Article 21 (Requests for Submission of Materials) |
| (1) | If necessary to formulate a master plan or an action plan under Article 4 (1) and (3), to conduct a fact-finding survey under Article 7 (1), and to establish a data platform under Article 13 (1), the Minister of Agriculture, Food and Rural Affairs may request the head of the relevant central administrative agency, the competent Mayor/Do Governor, the head of the competent Si/Gun/Gu, the head of the relevant public institution, and the head of a related institution, corporation, or organization to submit necessary materials. In such cases, a person in receipt of such request shall comply therewith unless there is good cause. |
| (2) | If necessary to formulate a City/Do plan under Article 5 (1), a Mayor/Do Governor may request the head of the relevant central administrative agency, Si/Gun/Gu, or public institution or the head of a related institution, corporation, or organization to submit necessary materials. In such cases, a person in receipt of such request shall comply therewith unless there is good cause. |
| Article 22 (Special Cases concerning the Public Property and Commodity Management Act) |
| (1) | If deemed necessary to achieve the objectives of a hub complex fostering plan under Article 14 (4) or a fostering district construction plan under Article 15 (3), a Mayor/Do Governor or the head of a Si/Gun/Gu may grant permission for use of establishments or sites in a hub complex or fostering district by a negotiated method or may entrust the management of such establishments or sites or lend them under a negotiated contract, notwithstanding Articles 20 (2), 27 (2), and 29 (1) of the Public Property and Commodity Management Act. |
| (3) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu grants permission for use, entrusts management, or provides loan pursuant to paragraph (1), he or she may require the construction of permanent facilities, notwithstanding Article 13 of the Public Property and Commodity Management Act. In such cases, conditions may be attached for donation or return after restoration to the relevant City/Do or Si/Gun/autonomous Gu, in consideration of the types, etc. of the facilities, when the period of such permission, entrustment, or loan expires. |
| (4) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu grants permission for use, entrusts management, or provides loan pursuant to paragraph (1), he or she may reduce the user fee or loan fee by up to 50/100 as prescribed by ordinance of the relevant local government, notwithstanding Articles 24 and 34 of the Public Property and Commodity Management Act. |
The Minister of Agriculture, Food and Rural Affairs, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall hold a hearing to make any of the following dispositions:
| 1. | Revocation of designation of a smart farming professional training institution under Article 8 (5); |
| 2. | Revocation of designation of a project implementer under Article 16 (2). |
| Article 24 (Delegation of Authority and Entrustment of Business Affairs) |
| (1) | Part of the authority of the Minister of Agriculture, Food and Rural Affairs under this Act may be delegated to the head of an agency under his or her control or a Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) | Some of the business affairs of the Minister of Agriculture, Food and Rural Affairs under this Act may be entrusted to a public institution or a related institution, corporation, or organization, as prescribed by Presidential Decree. |
CHAPTER VI?PENALTY PROVISIONS
| Article 25 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won:
| 1. | A person who allows another person to use the title of a smart farming manager or lends his or her qualification certificate to another person, in violation of Article 9 (4); |
| 2. | A person who uses the title of, or borrows the qualification certificate of, a smart farming manager, or helps the use of such title or the lending of such certificate, in violation of Article 9 (5); |
| 3. | A person who obtains the qualifications of a smart farming manager by fraud or other improper means. |
ADDENDA <Act No. 19570, Jul. 25, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Selection of Smart Farm Innovation Valley)
A smart farm innovation valley selected by the Minister of Agriculture, Food and Rural Affairs upon application of a Mayor/Do Governor before this Act enters into force shall be deemed as a hub complex designated by the Minister pursuant to Article 14 (1), to which paragraphs (7) through (9) of that Article shall apply.