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ENFORCEMENT DECREE OF THE NATIONAL NUTRITION MANAGEMENT ACT

Presidential Decree No. 33755, Sep. 26, 2023

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the National Nutrition Management Act and matters necessary for the enforcement thereof.
 Article 2 (Types of nutrition management programs)
Nutrition management programs under Article 7 (2) 2 (d) of the National Nutrition Management Act (hereinafter referred to as the "Act") shall be as follows:
1. Programs for the establishment, amendment, and dissemination of nutrient intake standards and dietary guidelines under Article 14 of the Act;
2. Programs to establish a national nutrition monitoring system for the early detection and management of the nutritionally vulnerable;
3. Publicity programs to manage citizens' nutrition and dietary habits;
4. Programs for fostering the nutrition management service industry to provide nutritionally managed foods, etc. to high-risk groups, persons with chronic diseases, etc.;
5. Other programs deemed necessary by the Minister of Health and Welfare for the national nutrition management.
 Article 3 (Types of nutrition and diet surveys)
Surveys necessary for nutritional issues under Article 13 (1) 4 of the Act shall be as follows: <Amended on Sep. 11, 2020>
1. Fact-finding surveys on nutritional elements of food;
2. Fact-finding surveys on nutritional ingredients that may be harmful to health, such as sugar, sodium, and trans fat;
3. Surveys on the amount of ingredients for each food;
4. Other surveys deemed necessary by the Minister of Health and Welfare, the Commissioner of the Korea Disease Control and Prevention Agency, or the head of a local government in relation to national nutrition management.
 Article 4 (Timing and methods of nutrition and diet surveys)
(1) The Commissioner of the Korea Disease Control and Prevention Agency shall conduct surveys under Article 13 (1) 1 through 3 of the Act and paragraph (2) of that Article by including them in the national health nutrition survey under Article 16 of the National Health Promotion Act. <Amended on Sep. 11, 2020; Sep. 26, 2023>
(2) The Commissioner of the Korea Disease Control and Prevention Agency shall conduct a fact-finding survey under subparagraphs 1 and 2 of Article 3 every year in accordance with the standards determined by the Commissioner of the Korea Disease Control and Prevention Agency with respect to processed foods and foods cooked, sold, or provided by food service establishments, meal service facilities, etc. <Amended on Mar. 23, 2013; Sep. 11, 2020>
(3) The Commissioner of the Korea Disease Control and Prevention Agency shall conduct surveys under subparagraph 3 of Article 3 every year in accordance with the standards determined by the Commissioner of the Korea Disease Control and Prevention Agency with respect to ingredients of each food of food service business establishments, meal service facilities, etc. <Amended on Sep. 11, 2020>
 Article 4-2 (Reports on actual conditions of dietitians)
(1) Pursuant to Article 20-2 (1) of the Act, a dietitian shall report his or her actual conditions, employment status, etc. to the Minister of Health and Welfare by December 31 of every third year from the date on which a license is issued under Article 18 (1) of the Act (referring to the date on which a report is filed, if a report is filed pursuant to Article 2 (1) of the Addenda to the National Nutrition Management Act (Act No. 11440)).
(2) Pursuant to Article 20-2 (3) of the Act, the Minister of Health and Welfare shall entrust the Dietitian Association established under Article 22 of the Act (hereinafter referred to as the "Association") with the business affairs of accepting reports.
(3) Matters necessary for the method, procedure, etc. for the reporting under paragraph (1) shall be prescribed by Ministerial Decree of Health and Welfare.
[This Article Added on Apr. 29, 2015]
 Article 5 (Detailed standards for administrative dispositions)
Detailed standards for administrative dispositions under Article 21 (3) of the Act shall be as specified in the Appendix.
 Article 6 (Permission for establishment of Association)
A person who intends to establish an Association pursuant to Article 22 of the Act shall submit the following documents to the Minister of Health and Welfare to obtain permission for its establishment. <Amended on April 29, 2015>
1. The articles of association;
2. A business plan;
3. The statement of assets;
4. The establishment resolution;
5. Documents regarding the particulars of the election of the founding representative;
6. Written consents of inauguration and resumes of executive officers.
 Article 7 (Matters to be stated in articles of association)
The Association's articles of association shall include the following matters:
1. Purpose;
2. Name;
3. Location;
4. Properties or accounting and other matters regarding its management and operation;
5. Matters regarding the appointment of executive officers;
6. Matters regarding qualifications for and disciplinary actions against members;
7. Matters regarding modification of the articles of association;
8. Matters regarding the method of public announcement.
 Article 8 (Permission to amend articles of association)
If the Association intends to amend its articles of association, it shall submit the following documents to the Minister of Health and Welfare and obtain permission therefor:
1. Documents stating the details and reasons of the modification of the articles of association;
2. Minutes of the meetings concerning the modification of the articles of association;
3. A comparison chart for the new and old articles of association, and other reference documents.
 Article 9 (Chapters and branches of Association)
The Association may establish chapters in the Special Metropolitan City, Metropolitan Cities, Dos, and Special Self-Governing Provinces, and may establish branches in Sis/Guns/Gus (referring to autonomous Gus).
 Article 10 (Entrustment of business affairs)
(1) Pursuant to Article 25 (2) of the Act, the Minister of Health and Welfare shall entrust the Association with continuing education under Article 20 of the Act.
(2) Pursuant to Article 25 (2) of the Act, the Minister of Health and Welfare shall entrust the following business affairs to the relevant specialized institutions:
1. Nutrition and diet education programs under Article 10;
2. Nutrition management programs for the nutritionally vulnerable under Article 11 of the Act;
3. Deleted; <Sep. 11, 2020>
4. Deleted; <Sep. 11, 2020>
5. The establishment, amendment, and dissemination of nutrient intake standards and dietary guidelines under Article 14 of the Act;
6. The management of qualifying examinations for clinical dietitians under Article 23 of the Act.
(3) The "relevant specialized institution" in paragraph (2) means an institution designated by the Minister of Health and Welfare from among the following institutions:
1. A school prescribed in the Higher Education Act, which is at least a junior college or any higher-level school offering a major in food science or nutrition science;
2. The Association;
3. A non-profit corporation related to nutrition management business affairs established by the Government or for which the Government provides subsidies to cover all or part of its operating expenses;
4. Other non-profit corporations equipped with specialized human resources and capabilities for nutrition management.
 Article 10-2 (Processing of sensitive information and personally identifiable information)
The Minister of Health and Welfare (including persons entrusted with the authority of the Minister of Health and Welfare pursuant to Article 15 (2) of the Act and Articles 4-2 (2) and 10 of this Decree) or the Commissioner of the Korea Disease Control and Prevention Agency may process data containing information on health under Article 23 of the Personal Information Protection Act, resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of that Act, if inevitable to perform the following business affairs; provided, in cases of business affairs referred to in subparagraph 8-2, information on health under Article 23 of the Personal Information Protection Act shall be excluded herefrom: <Amended on Aug. 6, 2014; Apr. 29, 2015; Sep. 11, 2020; Dec. 20, 2022>
1. Business affairs regarding nutrition and diet education programs under Article 10 of the Act;
2. Business affairs regarding nutrition management programs for the nutritionally vulnerable under Article 11 of the Act;
3. Business affairs regarding statistics and information under Article 12 of the Act;
4. Business affairs regarding surveys on nutrition and diet for nutrition management under Article 13 of the Act;
5. Business affairs regarding dietitian licenses, national examinations, etc. under Article 15 of the Act;
6. Business affairs regarding the verification of grounds for disqualification for a dietitian license under Article 16 of the Act;
7. Business affairs regarding the registration of dietitian licenses under Article 18 of the Act;
8. Business affairs regarding continuing education for dietitians under Article 20 of the Act;
8-2. Business affairs regarding reporting on the actual conditions, employment status, etc. of dietitians under Article 20-2 of the Act;
9. Business affairs regarding the disposition to revoke or suspend a dietitian license under Article 21 of the Act;
10. Business affairs regarding qualification standards and national examinations for clinical dietitians under Article 23 of the Act.
[This Article Added on Jan. 6, 2012]
 Article 11 Deleted. <Apr. 29, 2015>
ADDENDUM <Presidential Decree No. 22407, Sep. 27, 2010>
This Decree shall enter into force on September 27, 2010.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 26218, Apr. 29, 2015>
This Decree shall enter into force on May 24, 2015.
ADDENDA <Presidential Decree No. 31013, Sep. 11, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on September 12, 2020.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 33112, Dec. 20, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33755, Sep. 26, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on September 29, 2023.
Article 2 Omitted.
Article 3 Omitted.