| Article 2 (Consumer products) |
[This Article Added on Jan. 31, 2017]
[Previous Article 2 moved to Article 2-2 <Jan. 31, 2017>]
| Article 2-2 (Business operators) |
"Person prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means a person who provides users (excluding users of social welfare facilities operated by institutions or organizations to which business operators belong) with at least 80/100 of the collected donated food, etc., and who satisfies all of the following requirements: <Amended on Jan. 31, 2017; Feb. 19, 2019> | 1. | The provision shall occur at least three times per week; |
| 2. | The provision shall serve at least 60 persons per week. |
[Moved from Article 2 <Jan. 31, 2017>]
| Article 3 (Reporting by business operators) |
A business operator required to file a report pursuant to Article 3 (2) of the Act (hereinafter referred to as "mandated reporting business operator") is one donating food, etc. with a book value of at least 300 million won annually. <Amended on Jan. 31, 2017>
| Article 4 (Reporting standards and procedures) |
| (1) | A business operator intending to file a report pursuant to Article 3 (1) of the Act shall have the facilities and equipment specified in Appendix 2. <Amended on Jan. 31, 2017> |
| (2) | A business operator intending to file a report pursuant to Article 3 (2) of the Act shall meet the standards for facilities, equipment, and human resources as specified for a mandated reporting business operator in Appendix 3. <Amended on Jan. 31, 2017> |
| (3) | A business operator who intends to file a report pursuant to Article 3 (1) or (2) of the Act shall submit a report on a business operator (including an electronic report) to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the location of his or her place of business, along with a business plan (including an electronic plan) which includes matters regarding whether he or she meets the standards for facilities, equipment, etc. under paragraph (1) or (2). <Amended on Jan. 31, 2017; Feb. 19, 2019> |
| (4) | Upon receiving a report under paragraph (3), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall verify the corporate registration certificate (applicable only to corporations) through administrative data matching under Article 36 (1) of the Electronic Government Act. <Added on Jan. 31, 2017; Feb. 19, 2019> |
| (5) | Upon receiving a report under paragraph (3), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a confirmation of the report to any person who meets the standards for facilities, equipment, etc. under paragraph (1) or (2) <Added on Jan. 31, 2017; Feb. 19, 2019; Jul. 2, 2019> |
| (6) | A person who intends to withdraw a report or close his or her business pursuant to Article 3 (5) of the Act shall submit a written report on withdrawal or closure (including an electronic report) to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, along with the following documents. <Added on Jan. 31, 2017; Feb. 19, 2019; Jul. 2, 2019> |
| 1. | Confirmation of report; |
| 2. | A plan for the use or disposal of donated food, etc. (including electronic documents). |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the standards and procedures for reporting shall be prescribed by Ministerial Decree of Health and Welfare. <Added on Jan. 31, 2017> |
[Title Amended on Jan. 31, 2017]
| Article 4-2 (Designation of support centers for donated food) |
| (1) | The standards for the designation of national support centers for donated food, etc. and metropolitan support centers for donated food, etc. under Article 3-2 (1) of the Act shall be as specified in Appendix 4. |
| (2) | A person seeking designation as a national support center for donated food, etc. or a metropolitan support center for donated food, etc. pursuant to Article 3-2 (2) of the Act shall submit an application for such designation (including an electronic application, along with the following documents (including electronic documents), to the Minister of Health and Welfare in the case of a person seeking designation as a national support center for donated food, etc., or to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant location (hereinafter referred to as the "Mayor/Do Governor") in the case of a person seeking designation as a metropolitan support center: <Amended on Jul. 2, 2019> |
| 1. | A copy of the confirmation of report; |
| 2. | A business plan (including plans for the adjustment and distribution of donated food, etc. and provision of education); |
| 3. | Documents detailing the current status of facilities, equipment, and human resources. |
| (3) | Upon receiving an application for designation under paragraph (2), the Minister of Health and Welfare or a Mayor/Do Governor shall issue a certificate of designation to a person who meets the standards for designation under paragraph (1). |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the designation of support centers for donated food, etc. shall be prescribed by Ministerial Decree of Health and Welfare. |
[This Article Added on Jan. 31, 2017]
| Article 4-3 (Assessment of support centers for donated food) |
| (1) | Pursuant to Article 3-2 (3) of the Act, the Minister of Health and Welfare or a Mayor/Do Governor may assess the business performance and operational status of national support centers for donated food, etc. or metropolitan support centers for donated food, etc. every 3 years. |
| (2) | "Assessment standards prescribed by Presidential Decree" in Article 3-2 (4) 1 of the Act means the assessment standards for national support centers for donated food, etc. and metropolitan support centers for donated food, etc. determined and publicly notified by the Minister of Health and Welfare in consideration of the following matters: |
| 1. | The value of the amount of donated food, etc. collected; |
| 2. | Results of the adjustment and distribution of donated food, etc.; |
| 3. | Outcomes of education provided to business operators; |
| 4. | Current status of facilities, equipment, and human resources of the support centers for donated food, etc. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for assessing support centers for donated food, etc. shall be determined and publicly notified by the Minister of Health and Welfare. |
[This Article Added on Jan. 31, 2017]
| Article 4-4 Deleted. <Dec. 18, 2018> |
| Article 5 (Collection and provision of donated food) |
| (1) | To ensure transparency in the process of collecting and providing donated food, etc. pursuant to Article 5 (1) of the Act, a business operator shall maintain records regarding the collection and provision of donated food, etc. at the place of business, and shall prepare and keep receipts and other evidentiary documents verifying the collection of donated food, etc. <Amended on Jan. 31, 2017> |
| (2) | A business operator who has filed a report pursuant to Article 3 of the Act shall disclose the results of the collection and provision of donated food, etc., including the following matters, on its website, etc.: <Amended on Jan. 31, 2017> |
| 1. | Name and place of business of the business operator; |
| 2. | Types, items, quantity, value, and date of collection of, donated food, etc.; |
| 3. | Types, items, quantity, value, and date of provision of, the food and consumer products provided to users (hereinafter referred to as "food, etc.") out of donated food, etc.; |
| 4. | Classification of whether the provider and the user of donated food, etc. qualify as individuals or organizations. |
[Title Amended on Jan. 31, 2017]
| Article 6 Deleted. <Jan. 31, 2017> |
| Article 7 (Formulation and implementation of policy measures to encourage donation of food) |
Pursuant to Articles 7 (1) and 9 (1) of the Act, the State and local governments shall formulate and implement policy measures, including the following matters, to support and encourage the business of providing donated food, etc. and to protect users: <Amended on Jan. 31, 2017> | 1. | Establishment and operation of a comprehensive information system on the donation of food, etc.; |
| 2. | Sanitation education for persons engaged in the business of providing donated food, etc.; |
| 3. | Provision of donated food, etc. in the appropriate places within the area; |
| 4. | Other matters necessary for encouraging the donation of food, etc. |
[Title Amended on Jan. 31, 2017]
| Article 7-2 (Processing of personally identifiable information) |
| (1) | The State and local governments (where the relevant authority is delegated or entrusted, including persons to whom the relevant authority is delegated or entrusted) may process data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following affairs: <Amended on Jan. 31, 2017> |
| 1. | Support by the State, etc. under Article 7 of the Act; |
| 2. | Protection of users under Article 9 of the Act; |
| 3. | Establishment and operation of a comprehensive information system on the donation of food, etc. under subparagraph 1 of Article 7; |
| 4. | Sanitation education for persons engaged in the business of providing donated food, etc. under subparagraph 2 of Article 7. |
| (2) | A business operator who has filed a report pursuant to Article 3 of the Act may process data containing personal information under the provisions, with the exception of the subparagraphs, of paragraph (1) if unavoidable to perform the affairs related to the processing of information on the collection and provision of donated food, etc. by a business operator under Article 5. <Amended on Jan. 31, 2017> |
[This Article Added on Aug. 6, 2014]
[Previous Article 7-2 moved to Article 7-3 <Aug. 6, 2014>]
| Article 7-3 (Assessment of places of business) |
| (1) | The Minister of Health and Welfare shall conduct an assessment of each place of business every 3 years pursuant to Article 9-2 (1) of the Act. |
| (2) | Assessment standards for places of business under paragraph (1) shall be determined and publicly notified by the Minister of Health and Welfare, taking the following matters into consideration: |
| 1. | Safety management of facilities and equipment; |
| 2. | Current status of human resources; |
| 3. | Sanitary control of donated food, etc.; |
| 4. | Transparency and appropriateness of the collection and provision of donated food, etc. |
| (3) | The assessment referred to in paragraph (1) shall be conducted by means of written assessment and on-site assessment for all places of business. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the assessment of places of business shall be determined and publicly notified by the Minister of Health and Welfare. |
[This Article Added on Jan. 31, 2017]
[Previous Article 7-3 moved to Article 7-4 <Jan. 31, 2017>]
| Article 7-4 Deleted. <Feb. 19, 2019> |
| Article 7-5 (Standards for administrative dispositions) |
The standards for administrative dispositions under Article 11 (2) of the Act shall be as specified in Appendix 5. [This Article Added on Jan. 31, 2017]
| Article 8 (Standards for imposition of administrative fines) |
Administrative Fines under Article 14 (1) of the Act shall be imposed and collected by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu in accordance with the standards for imposition prescribed in Appendix 6. [This Article Wholly Amended on Feb. 19, 2019]
ADDENDUM <Presidential Decree No. 19690, Sep. 22, 2006>
This Decree shall enter into force on September 25, 2006.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25834, Dec. 9, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning administrative fines)
The imposition of administrative fines for violations committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provisions of Appendix 3.
ADDENDA <Presidential Decree No. 27816, Jan. 31, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on February 4, 2017.
Article 2 (Relationship to other statutes or regulations)
If the previous Enforcement Decree of the Food Donation Promotion Act or any provisions thereof are cited by other statutes or regulations as at the time this Decree enters into force, this Decree or the relevant provisions of this Decree shall be deemed cited in lieu of the previous Enforcement Decree of the Food Donation Promotion Act or the provisions thereof, if provisions corresponding thereto exist in this Decree.
ADDENDUM <Presidential Decree No. 29395, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29557, Feb. 19, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.