The purpose of this Act is to contribute to the promotion of national health by establishing the Korea Agency for HACCP Accreditation and Services and making it deliver services regarding the safety management certification of food and livestock products and the safety management support for food, dietary supplements, livestock products, and imported food in a specialized and systematic manner. <Amended on Dec. 29, 2020>
| Article 2 (Corporate entity) |
The Korea Agency of HACCP Accreditation and HACCP Authorization (hereinafter referred to as the "Agency") shall be a corporation.
| Article 3 (Registration of incorporation) |
| (1) | The Agency shall be established at the time it registers such establishment at the location of its main office. |
| (2) | Matters necessary for the registration of incorporation under paragraph (1) shall be prescribed by Presidential Decree. |
| (1) | The location of the main office of the Agency shall be prescribed by the articles of incorporation. |
| (2) | The Agency may establish an affiliated institution, regional offices, and branch offices with approval from the Minister of Food and Drug Safety, if necessary for performing its business affairs. |
| Article 5 (Articles of incorporation) |
| (1) | The articles of incorporation of the Agency shall include the following matters: |
| 3. | Locations of the main office, affiliated institutions, regional offices, and branch offices; |
| 4. | Business affairs and the execution thereof; |
| 5. | The board of directors; |
| 6. | Executive officers and employees; |
| 7. | Property and accounting; |
| 8. | Methods of public announcement; |
| 9. | Amendments to articles of incorporation; |
| 10. | The establishment, amendment, and repeal of internal regulations. |
| 11. | Other matters prescribed by Presidential Decree regarding the operation of the Agency. |
| (2) | If the Agency intends to change its articles of incorporation, it shall obtain authorization from the Minister of Food and Drug Safety. |
The Agency shall perform the following programs: <Amended on Dec. 29, 2020>
| 1. | Programs regarding the designation of sanitation grades of food service establishments under Article 47-2 of the Food Sanitation Act, which are entrusted pursuant to paragraph (10) of that Article; |
| 5. | The following programs related to the programs referred to in subparagraphs 1 through 4: |
| (a) | Technological support; |
| (b) | Programs for training and education of professional human resources; |
| (c) | Testing, survey, and research programs and international cooperation programs; |
| (d) | Collection, provision, and publicity of information; |
| (e) | Management of statistics and history; |
| 6. | Programs incidental to programs provided in subparagraphs 1 through 5, as prescribed by the articles of incorporation; |
| 7. | Programs entrusted by local governments; |
| 8. | Programs performed under other statutes or regulations; |
| 9. | Other programs for supporting the safety management of food, dietary supplements, livestock products, and imported food, as determined by the Minister of Food and Drug Safety. |
| Article 7 (Executive officers) |
| (1) | The Agency shall have up to 15 directors, including 1 president, and 1 auditor, as its executive officers. |
| (2) | The term of office of the president shall be 3 years, and he or she may be reappointed on a yearly basis. |
| (3) | The term of office of directors and an auditor shall be 2 years, and they may be reappointed on a yearly basis: |
| (4) | The number of standing executive officers among the executive officers under paragraph (1) shall not exceed 4. |
| (5) | Matters necessary for the appointment, etc. of executive officers shall be prescribed by the articles of incorporation. |
| Article 8 (Board of directors) |
| (1) | The board of directors shall be established to deliberate and resolve on the following matters: |
| 1. | The amendment to the articles of incorporation; |
| 2. | The appointment and dismissal of executive officers; |
| 3. | The enactment, amendment, and repeal of important internal regulations, such as organizational structure, personnel affairs, remuneration, and accounting; |
| 4. | Business plan, budget, and settlement of accounts; |
| 5. | The acquisition and disposal of major properties; |
| 6. | Other matters the president requests the board of directors to deliberate and resolve on, as the president deems it necessary. |
| 7. | Other important matters regarding the operation of the Agency. |
| (2) | The board of directors shall be comprised of directors including the president. |
| (3) | The president shall convene and preside over meetings of the board of directors, and if the president is unable to perform his or her duties due to any unavoidable cause, other directors shall act on behalf of the president, as prescribed by the articles of incorporation. |
| (4) | The auditor shall attend a meeting of the board of directors and may state his or her opinions. |
| (5) | Matters necessary for the operation of the board of directors shall be prescribed by the articles of incorporation. |
| Article 9 (Appointment and dismissal of employees) |
Employees of the Agency shall be appointed and dismissed by the president, as prescribed by the articles of incorporation.
| Article 10 (Operating funds) |
The Agency shall be operated with Government subsidies and other revenues.
The Government may provide subsidies to cover all or part of expenses incurred in the programs and operation of the Agency within the budget.
| Article 12 (Business year) |
The business year of the Agency shall be the same as the fiscal year of the Government.
| Article 13 (Submission of business plans) |
| (1) | The Agency shall prepare a business plan and a budget statement and obtain approval from the Minister of Food and Drug Safety before the commencement of each business year, as prescribed by Presidential Decree. The same shall also apply to any change thereof. |
| (2) | The Agency shall prepare business performance and a statement of accounts for each business year and obtain approval from the Minister of Food and Drug Safety, as prescribed by Presidential Decree. |
| Article 14 (Guidance and supervision) |
| (1) | If it is necessary for the purpose of supervising the Agency, the Minister of Food and Drug Safety may require the Agency to report matters regarding its business affairs or to submit data, and may issue other necessary orders and have public officials under his or her jurisdiction enter its office to inspect books, documents, etc. |
| (2) | If any illegal or unjust act is found based on reports or data or inspections under paragraph (1), the Minister of Food and Drug Safety may order the Agency to take corrective measures or take other necessary measures. |
| (3) | Any public official who enters a place to conduct an inspection pursuant to paragraph (1) shall carry identification verifying his or her authority and present it to relevant persons. |
| (4) | Except as provided in paragraphs (1) through (3), details necessary for guiding and supervising the Agency shall be prescribed by Presidential Decree. |
| Article 15 (Duty of confidentiality) |
No current or former executive officer or employee of the Agency shall divulge or misappropriate any confidential information he or she has learned in the course of performing his or her duties.
| Article 16 (Application Mutatis Mutandis of Civil Act) |
| Article 17 (Prohibition of use of same name) |
No person, other than the Agency under this Act, shall use the name "Korea Agency of HACCP Accreditation and Services".
| Article 18 (Legal fiction as public officials for purposes of applying penalty provisions) |
| Article 19 (Penalty provisions) |
Any person who divulges or misappropriates any confidential information he or she has learned in the course of performing his or her duties, in violation of Article 15, shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won.
| Article 20 (Administrative fines) |
| (1) | Any person who uses the name of the Korea Agency of HACCP Accreditation and Services in violation of Article 17 shall be subject to an administrative fine not exceeding 5 million won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Food and Drug Safety, as prescribed by Presidential Decree. |
ADDENDA <Act No. 14026, Feb. 3, 2016>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 (Preparation for establishment)
| (1) | The Minister of Food and Drug Safety shall organize and operate an incorporation committee within 30 days from the date of promulgation of this Act to handle affairs regarding the establishment of the Agency. |
| (2) | The incorporation committee shall be comprised of up to 15 members appointed or commissioned by the Minister of Food and Drug Safety, and the chairperson shall be elected from among and by its members. |
| (3) | The incorporation committee shall prepare the articles of incorporation of the Agency and obtain authorization from the Minister of Food and Drug Safety. |
| (4) | Upon obtaining authorization under paragraph (3), the incorporation committee shall register the establishment of the Agency without delay. |
| (5) | Upon registration of incorporation under paragraph (4), the Korea Agency of HACCP Accreditation and Services established under the previous Food Sanitation Act (hereinafter referred to as the "previous Korea Agency of HACCP Accreditation and Services") and the Korea Livestock Products HACCP Accreditation Service established under the previous Livestock Products Sanitary Control Act (hereinafter referred to as the "previous Korea Livestock Products HACCP Accreditation Service") shall be deemed dissolved, notwithstanding the provisions concerning the dissolution and liquidation of corporations under the Civil Act. |
| (6) | Upon completing the registration of incorporation under paragraph (4), the incorporation committee shall transfer its business affairs to the president appointed for the first time pursuant to Article 3 of the Addenda without delay. |
| (7) | The incorporation committee shall be deemed dissolved when the transfer of business affairs under paragraph (6) is completed, and its incorporators shall be deemed dismissed or decommissioned. |
| (8) | The expenses incurred in preparing for the establishment of the Agency shall be borne by the previous Korea Agency of HACCP Accreditation and Services and the previous Korea Livestock Products HACCP Accreditation Service. |
Article 3 (Special cases concerning appointment of executive officers at time of incorporation)
Notwithstanding Articles 7 (5) and 8 (1) 2, the executive officers of the Agency to be first appointed after this Act enters into force shall be appointed by the Minister of Food and Drug Safety from among multiple persons recommended by the incorporation committee. Article 4 (Transitional measures concerning succession to rights and obligations)
| (1) | The Agency established under this Act shall comprehensively succeed to the rights, obligations, and property of the previous Korea Agency of HACCP Accreditation and Services and the previous Korea Livestock Products HACCP Accreditation Service. |
| (2) | The names of the previous Korea Agency of HACCP Accreditation and Services and the previous Korea Livestock Products HACCP Accreditation Service indicated in the registers or other public documents and books concerning the rights, obligations and property to be comprehensively succeeded by the Agency pursuant to paragraph (1) shall be deemed the name of the Agency. |
| (3) | Any act done by or against the previous Korea Agency of HACCP Accreditation and Services and the previous Korea Livestock Products HACCP Accreditation Service shall be deemed an act done by or against the Agency. |
Article 5 (Transitional measures concerning executive officers and employees)
| (1) | The term of office of executive officers of the previous Korea Agency of HACCP Accreditation and Services and the previous Korea Livestock Products HACCP Accreditation Service shall be deemed terminated. |
| (2) | The employees working for the of the previous Korea Agency of HACCP Accreditation and Services and the previous Korea Livestock Products HACCP Accreditation Service as at the time the Agency is established shall be deemed the employees of the Agency established under this Act. |
Article 7 (Relationship to Other Statutes or Regulations)
If of the previous Korea Agency of HACCP Accreditation and Services or the previous Korea Livestock Products HACCP Accreditation Service is cited by other statutes or regulations as at the time this Act enters into force, it shall be deemed that the Agency under this Act is cited.
ADDENDUM <Act No. 17812, Dec. 29, 2020>
This Act shall enter into force on July 1, 2021.