ENFORCEMENT DECREE OF THE ACT ON LABELING AND ADVERTISING OF FOODS
Presidential Decree No. 29622, Mar. 14, 2019
Amended by Presidential Decree No. 30973, Aug. 25, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 32686, Jun. 7, 2022
Presidential Decree No. 34663, Jul. 2, 2024
Presidential Decree No. 35734, Sep. 2, 2025
| Article 2 (Matters subject to prohibition of false labeling or advertising) |
"Matters prescribed by Presidential Decree, such as the name, manufacturing methods, or ingredients of the food, etc." in the provisions, with the exception of the subparagraphs, of Article 8 (1) of the Act on Labeling and Advertising of Foods (hereinafter referred to as the "Act") means the following matters: <Amended on Jun. 7, 2022> | 1. | Matters regarding the names, names of business, types, ingredients, components (including nutritional components), net contents, manufacturing methods (including methods of raising the relevant livestock for the production of livestock products), grades, quality and usage information of foods, food additives, apparatuses, containers, packaging, health functional foods and livestock products (hereinafter referred to as "food, etc."); |
| 2. | Matters regarding a date of manufacture, a production date, a use-by date, a best before date, and an egg-laying date of foods, etc.; |
| 4. | The following matters regarding traceability: |
| 5. | The following matters regarding the accreditation of livestock products: |
| Article 3 (False labeling or advertising) |
| (1) | Details of false labeling or advertising under Article 8 (1) of the Act shall be as specified in Appendix 1. |
| (2) | Except as provided in paragraph (1), details regarding false labeling or advertising shall be determined and publicly notified by the Minister of Food and Drug Safety. |
| Article 4 (Standards for review of labeling or advertising) |
| (1) | Where, due to the non-existence of a voluntary review board under the main clause of Article 10 (1) of the Act (hereinafter referred to as "voluntary review board"), the Minister of Food and Drug Safety reviews the labeling or advertising of food, etc. pursuant to the proviso of that paragraph, the review standards shall be as follows: |
| 1. | The standards shall be consistent with Articles 4 through 8 of the Act; |
| 2. | The standards shall be consistent with the following standards: |
| 3. | The standards shall be expressed based on objective and scientific data. |
| (2) | Upon receipt of an application for review pursuant to the proviso of Article 10 (1) of the Act, the Minister of Food and Drug Safety shall notify the applicant of the results of review within 20 days from the date of receipt of such application; provided, where the Minister is unable to process the application within the period due to any unavoidable cause, the Minister shall notify the applicant of the cause for the delay of such review and the expected date of processing. |
| (3) | Except as provided in paragraphs (1) and (2), details regarding standards, procedures for review, etc. shall be determined and publicly notified by the Minister of Food and Drug Safety. |
| Article 5 (Requirements for registration of voluntary review boards) |
| (1) | "Requirements prescribed by Presidential Decree, such as a review committee" in the provisions, with the exception of the subparagraphs, of Article 10 (2) of the Act means the following requirements: |
| 1. | A review committee under Article 11 of the Act shall be organized; |
| 2. | A division dedicated to reviewing labels and advertisements with at least two full-time employees (including persons with professional knowledge and experiences in foods, etc.) shall be established; |
| 3. | Computer equipment and offices for reviewing labels and advertisements shall be prepared. |
| Article 6 (Filing objections to results of review of labeling or advertising) |
| (1) | Pursuant to the proviso of Article 10 (4) of the Act, any person who has an objection to the results of the review of the labeling or advertising of food, etc. may file an objection with the Minister of Food and Drug Safety within 30 days from the date on which such person is notified of such results, along with the necessary data. |
| (2) | The Minister of Food and Drug Safety shall notify the result to a person who raises an objection within 30 days from the date of receipt of such objection; provided, where the Minister is unable to process such objection within the period due to any unavoidable cause, the Minister shall notify such person of the cause of delay for determination and the expected date of processing. |
| (3) | Except as provided in paragraphs (1) and (2), details regarding procedures for raising objections, etc. shall be determined and publicly notified by the Minister of Food and Drug Safety. |
| Article 7 (Entrustment of education and public relations) |
The Minister of Food and Drug Safety shall entrust education and public relations on the labeling or advertising of foods, etc. to the following institutions or organizations pursuant to Article 13 (2) of the Act: | 1. | An institution or organization that falls under any of the subparagraphs of Article 10 (2) of the Act; |
| 2. | An institution or organization specialized in foods, etc. and recognized by the Minister of Food and Drug Safety. |
| Article 7-2 (Measures to notify illegal or unfair labeling or advertising) |
| 1. | The title of the measure (including a statement to the effect that it is a measure under the main clause of Article 13-2 (3) of the Act); |
| 2. | The violation (including specific details of the violation and the statutory basis thereof); |
| 3. | The name of the food, etc. subject to labeling or advertising that is deemed to have clearly violated Article 7 or 8 (in the case of meat, referring to the type and part thereof); |
| 4. | Matters requiring the posting of the violation on the medium, such as a website, through which the labeling or advertising deemed to have clearly violated Article 7 or 8 was conducted; |
| 5. | Other matters deemed necessary by the Minister of Food and Drug Safety to notify consumers that the labeling or advertising constitutes illegal or unfair labeling or advertising. |
[This Article Added on Sep. 2, 2025]
| Article 7-3 (Entrustment of monitoring duties of labeling or advertising of foods, etc.) |
| (1) | “Institutions or organizations prescribed by Presidential Decree” in Article 13-3 (1) of the Act means the following institutions or organizations: |
| 5. | Other institutions or organizations recognized by the Minister of Food and Drug Safety as having dedicated organizations and professional personnel necessary to perform monitoring duties of labeling or advertising of foods, etc. |
| (2) | If the Minister of Food and Drug Safety entrusts monitoring duties of labeling or advertising of foods, etc. under Article 13-3 (1) of the Act, they shall publicly notify the entrusted institutions or organizations and the details of the entrusted duties. |
[This Article Added on Sep. 2, 2025]
| Article 8 (Standards for calculating penalty surcharges imposed in lieu of suspension of business) |
The standards for calculating penalty surcharges imposed pursuant to the main clause of Article 19 (1) of the Act shall be as specified in Appendix 2.
| Article 9 (Imposition and payment of penalty surcharges) |
| (1) | If the Minister of Food and Drug Safety, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) intends to impose a penalty surcharge under the main clause of Article 19 (1) of the Act, a written notice for payment, specifying the type of the violation, they shall notify in writing the type of violation and the amount of the penalty surcharge to be paid. <Amended on Sep. 2, 2025> |
| (2) | A person who receives a notice pursuant to paragraph (1) shall pay a penalty surcharge to the receiving agency determined by the Minister of Food and Drug Safety, the Mayor/Do Governor or the head of a Si/Sun/Gu, within 20 days from the date of receipt of such notice. <Amended on Dec. 12, 2023> |
| (3) | Upon receipt of the penalty surcharge under paragraph (2), the receiving agency shall issue a receipt to the payer, and notify the Minister of Food and Drug Safety, the Mayor/Do Governor or the head of a Si/Gun/Gu of the fact of payment without delay. |
| Article 10 (Postponement of payment deadline and installment payment of penalty surcharges) |
| (1) | Where the amount of a penalty surcharge to be paid by a person on whom a penalty surcharge is imposed pursuant to the main clause of Article 19 (1) of the Act is at least 1 million won, the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may extend the deadline for payment of the penalty surcharge or allow him or her to pay it in installments pursuant to the proviso of Article 29 of the Framework Act on the Administration. |
| (2) | Where the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu extends the deadline for payment of a penalty surcharge pursuant to paragraph (1), he or she shall not exceed one year from the day following the deadline for payment. |
| (3) | Where the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu allows the payment of a penalty surcharge in installments pursuant to paragraph (1), the interval between installment payment deadlines shall not exceed 4 months, and the number of installment payments shall not exceed 3 times. |
[This Article Wholly Amended on Dec. 12, 2023]
| Article 11 (Dispositions against penalty surcharge defaulters) |
| (1) | Where the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to revoke the imposition of a penalty surcharge pursuant to Article 19 (3) of the Act, he or she shall issue a demand notice to a person liable to pay a penalty surcharge within 15 days after the lapse of the deadline for payment of the penalty surcharge (referring to the deadline for payment in a lump sum, where the deadline for payment of a penalty surcharge is extended or the payment of a penalty surcharge is permitted in installments pursuant to Article 10 (1) and the penalty surcharge is collected in a lump sum pursuant to Article 7 (3) of the Enforcement Decree of the Framework Act on the Administration) to the person liable to pay the penalty surcharge. In such cases, the deadline for payment shall be within 10 days from the date the demand notice is issued. <Amended on Dec. 12, 2023> |
| (2) | Where the Minister of Food and Drug Safety, the Mayor/Do Governor, or the head of a Si/Gun/Gu imposes a disposition of suspension of business, suspension of manufacturing an item, or suspension of manufacturing a type of items, revoking the disposition of imposing a penalty surcharge under Article 19 (3) of the Act, a written notice shall be given to the person subject to the disposition, specifying matters necessary for the disposition of suspension of business, suspension of manufacturing an item, or suspension of manufacturing a type of items, such as causes of modifying the disposition and duration of disposition. <Amended on Sep. 2, 2025> |
| Article 12 (Proportion of penalty surcharges allocated to funds) |
Penalty surcharges imposed and collected by the head of a Si/Gun/Gu pursuant to Article 19 (5) of the Act shall be allocated to the Food Promotion Funds of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do and a Special Self-Governing Province (hereinafter referred to as "City/Do") and Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) in the following proportion: | 2. | Si/Gun/Gu: 60 percent. |
| Article 13 (Standards and procedures for imposing penalty surcharges against false labeling or advertising) |
| (1) | The amount of a penalty surcharge to be imposed pursuant to Article 20 (1) of the Act shall be twice the amount calculated by multiplying the sales volume of foods, etc. labeled or advertised by unfair labeling or advertising by the selling price. <Amended on Jul. 2, 2024> |
| (2) | The sales volume under paragraph (1) shall be the volume sold during the period from the time of sales of falsely labeled or advertised foods, etc. for the first time to the time of detection of such foods, etc. (referring to the amounts after subtracting recall amounts and de facto amounts unsold due to returning, testing, etc. from the amounts of shipments), and where sales prices are changed during the period of sales, the sales prices shall be calculated by sales season. |
| (3) | The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may reduce the amount of a penalty surcharge calculated pursuant to paragraph (1) by up to 1/2 of the amount, taking into consideration the matters referred to in the subparagraphs of Article 20 (2) of the Act. <Added on Jul. 2, 2024> |
| (4) | Article 9 and 10 shall apply mutatis mutandis to procedures for imposing and collecting penalty surcharges, except as provided in paragraphs (1) and (2). <Amended on Jul. 2, 2024> |
| Article 14 (Announcement of violations) |
The Minister of Food and Drug Safety, the Mayor/Do Governor and the head of a Si/Gun/Gu shall, without delay, announce the following matters concerning business operators for whom an administrative disposition is determined pursuant to Article 21 of the Act on the website of the relevant agency or general daily newspapers registered pursuant to the main clause, with the exception of its subparagraphs, of Article 9 (1) of the Act on the Promotion of Newspapers and distributed nationwide: | 3. | Name and location of the business and name of the representative; |
| 4. | Names of foods, etc. (in cases of meat, referring to the types and parts of such meat); |
| 5. | Violation details (including the specific details of violations, and the statutes or regulations serving as the legal basis); |
| 6. | Details, date and period of administrative dispositions; |
| 7. | Controlling agency and date of detection. |
| Article 15 (Delegation of authority) |
| (1) | The Minister of Food and Drug Safety shall delegate the authority over the review of substantiating information of claims in the labeling or advertising of foods, etc. under Article 9 (2) of the Act to the Director General of the National Institute of Food and Drug Safety Evaluation pursuant to Article 24 (1) of the Act. |
| (2) | The Minister of Food and Drug Safety shall delegate his or her authority over the following affairs to the heads of regional offices of food and drug safety pursuant to Article 24 (1) of the Act: <Added on Aug. 25, 2020> |
| 1. | A corrective order issued under Article 14 of the Act; |
| 2. | Authority over the following affairs under Article 15 of the Act; |
| (a) | Receipt of a report on recall plans and the results of recall under Article 15 (2) of the Act; |
| (b) | An instruction for seizure or destruction, or an order requiring business entities to take measures under Article 15 (3) of the Act; |
| 3. | Revocation or suspension of business license or business registration under Article 16 (1) and (2) of the Act; |
| 4. | An order to suspend the manufacture of the items or the types of items prescribed in Article 17 of the Act; |
| 5. | Imposition and collection of penalty surcharges under Articles 19 and 20 of the Act; |
| 8. | Imposition and collection of administrative fines under Article 31 of the Act. |
| (3) | The Minister of Food and Drug Safety shall delegate his or her authority over the inspection of violations of prohibition of false labeling or advertising of foods, etc. under Article 8 (1) of the Act (limited to the authority over the inspection of health functional foods) to the Mayor/Do Governor pursuant to Article 24 (1) of the Act. <Amended on Aug. 25, 2020> |
| Article 16 (Criteria for imposing administrative fines) |
The Criteria for imposing administrative fines under Article 31 (1) and (2) of the Act shall be as specified in Appendix 3.
ADDENDA <Presidential Decree No. 29622, Mar. 14, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on March 14, 2019.
ADDENDUM <Presidential Decree No. 30973, Aug. 25, 2020>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32686, Jun. 7, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, Article 3 of this Addenda shall enter into force on January 1, 2023. Article 2 (Applicability to those subject to prohibition of false labeling or advertisement)
| (1) | The amended provisions of subparagraph 2 of Article 2 regarding amending use-by dates shall begin to apply where the foods, etc. are manufactured, processed, or shipped for importation on or after January 1, 2023. |
| (2) | Notwithstanding paragraph (1), paragraph (1) shall begin to apply to the items specified in Article 2 (2) of the Addenda to the Act on Labeling and Advertising of Foods (Act No. 18445), where they are manufactured, processed, or shipped for importation, on and after the date referred to in that paragraph. |
ADDENDA <Presidential Decree No. 33434, Apr. 25, 2023>
Article 1 (Enforcement date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability of administrative dispositions, penalty surcharges, or administrative fines)
The amended provisions of Articles 1 through 61 shall also apply to cases where any administrative disposition or any disposition to impose a penalty surcharge or an administrative fine is made for a violation committed before this Decree enters into force, after this Decree enters into force.
ADDENDUM <Presidential Decree No. 33913, Dec. 12, 2023>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 34060, Dec. 26, 2023>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 34663, Jul. 2, 2024>
This Decree shall enter into force on Jul. 3, 2024; provided, the amended provision of subparagraph 2 (a) iii) of Appendix shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 35734, Sep. 2, 2025>
This Decree shall enter into force on September 19, 2025.