HORSE INDUSTRY DEVELOPMENT ACT
Act No. 13024, Jan. 20, 2015
Act No. 10451, Mar. 9, 2011
Amended by Act No. 11005, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12429, Mar. 18, 2014
Act No. 13024, Jan. 20, 2015
CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to revitalizing the economy of agricultural and fishing villages and improving the quality of citizens' life by prescribing matters concerning the fostering and support of the horse industry, thereby creating a foundation for the growth of the horse industry and strengthening the competitiveness thereof.
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows:
| 1. | The term "horse industry" means the industry concerning the production, breeding, training, distribution, use, etc. of horses, which is prescribed by Presidential Decree; |
| 2. | The term "horse business operator" means a person engaged in the horse industry who meets the standards prescribed by Presidential Decree; |
| 3. | The term "horse trainer" means a person who performs horse training duties (excluding training of race horses at a race track), such as training of horses for particular uses, improvement of the ability of horses, etc., who has obtained qualifications under Article 12; |
| 4. | The term "farrier" means a person who performs horse-shoeing duties, such as trimming of horses' hooves, manufacturing of horseshoes, etc., who has obtained qualifications under Article 12; |
| 5. | The term "rehabilitation riding instructor" means a person who instructs a person to recover from a physical or mental disability through horse-riding, who has obtained qualifications under Article 12; |
| 6. | The term "horse using business" means a business providing services by using horses, such as hiring out horses for riding, horse-riding tracking, riding experiences, etc. at a place other than a riding track under the Installation and Utilization of Sports Facilities Act; |
| 7. | The term "agricultural and fishing village type riding facilities" (hereinafter referred to as "riding facilities") means facilities in which a person concurrently engages in a business such as the entrusted management of horses and the production, fostering, etc. of riding horses, and a horse using business in any agricultural and fishing village area under subparagraph 5 of Article 3 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry. |
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| Article 3 (Relationship with other Acts) |
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Except as expressly provided for in other Acts, this Act shall apply to the fostering of the horse industry.
CHAPTER II CREATION OF FOUNDATION FOR FOSTERING HORSE INDUSTRY
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| Article 4 (Responsibility of the State and Local Governments) |
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| (1) | The State shall promote comprehensive policies to foster the horse industry. |
| (2) | A local government shall formulate and proactively promote policies on the horse industry in consideration of regional characteristics of its jurisdiction. |
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| Article 5 (Formulation of Comprehensive Plans) |
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| (1) | The Minister of Agriculture, Food and Rural Affairs shall formulate a comprehensive plan for fostering the horse industry (hereinafter referred to as "comprehensive plan") every five years for the continuous and systematic growth of the horse industry. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Comprehensive plans shall include the following matters: |
| 1. | Direction-setting for and objectives of the fostering of the horse industry; |
| 2. | Matters concerning the production and the adjustment of supply and demand of horses; |
| 3. | Matters concerning the promotion of the use of horses; |
| 4. | Matters concerning surveys, research and technical development regarding the horse industry; |
| 5. | Matters concerning training of professionals necessary for the horse industry; |
| 6. | Matters concerning designation of and support for special horse industry zones under Article 20; |
| 7. | Matters concerning the international exchange and overseas expansion of the horse industry; |
| 8. | Matters concerning the quarantine and health control of horses; |
| 9. | Matters concerning securing and subsidization of funds necessary for fostering the horse industry; |
| 10. | Other matters necessary for fostering the horse industry. |
| (3) | The Minister of Agriculture, Food and Rural Affairs shall formulate and implement an action plan each year to promote the comprehensive plans. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 6 (Statistics on Horse Industry and Research on Actual Conditions thereof) |
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| (1) | The Minister of Agriculture, Food and Rural Affairs shall compile and administer statistics on the horse industry and research the actual conditions on the current status of horse business operators, etc. to secure basic data necessary for establishing and implementing policies to foster the horse industry. In such cases, the relevant provisions of the Statistics Act shall apply mutatis mutandis to the preparation and administration of statistics, except as otherwise expressly provided for in this Act. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | If necessary for compiling statistics under paragraph (1), the Minister of Agriculture, Food and Rural Affairs may request the heads of the relevant central administrative agencies, the heads of local governments, the heads of public institutions under the Act on the Management of Public Institutions, and horse business operators to provide him or her with data. In such cases, the heads of the relevant central administrative agencies, etc. in receipt of a request shall provide data unless justifiable grounds exist. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 7 (Registration of Horses) |
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| (1) | The Minister of Agriculture, Food and Rural Affairs may designate a registration agency and have horse business operators register horses therewith, as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs, to apprehend the current status of the production, breeding, training, distribution and use of horses. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Agriculture, Food and Rural Affairs may give necessary support to a registration agency designated under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 8 (Establishment and Operation of Integrated Horse Industry Information System) |
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The Minister of Agriculture, Food and Rural Affairs may establish and operate an integrated horse industry information system to provide information on horses, such as the breeding, health control of horses, etc., and information on the horse industry. <Amended by Act No. 11690, Mar. 23, 2013>
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| Article 9 (Agencies Taking Exclusive Responsibility for Fostering Horse Industry) |
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| (1) | The Minister of Agriculture, Food and Rural Affairs may designate an agency taking exclusive responsibility for fostering the horse industry (hereinafter referred to as "agency taking exclusive responsibility") to efficiently execute a comprehensive plan. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | An agency taking exclusive responsibility shall perform the following duties entrusted by the Minister of Agriculture, Food and Rural Affairs: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Implementing detailed policies for executing a comprehensive plan; |
| 2. | Research and development related to the horse industry, such as the establishment and operation of a horse industry research institutes, etc. |
| (3) | The Minister of Agriculture, Food and Rural Affairs may subsidize expenses incurred in performing duties under the subparagraphs of paragraph (2) for an agency taking exclusive responsibility, within budgetary limits. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Matters necessary for the designation of an agency taking exclusive responsibility, standards and procedures for revoking such designation, and the operation of such agency, etc. shall be prescribed by Presidential Decree. |
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| Article 10 (Training, etc. for Experts) |
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| (1) | To train experts in the horse industry, the Minister of Agriculture, Food and Rural Affairs may designate the Korean Racing Association established under the Korean Racing Association Act, research institutes, educational institutions, etc., as training institutions for experts. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13024, Jan. 20, 2015> |
| (2) | Where any training institution for experts falling under paragraph (1) falls under any of the following subparagraphs, the Minister of Agriculture, Food and Rural Affairs may revoke its designation, or wholly or partially suspend its business of training experts in the horse industry, for a specified period of up to six months: Provided, That he or she shall revoke its designation if such institution falls under subparagraph 1: <Added by Act No. 13024, Jan. 20, 2015> |
| 1. | Where it is designated as a training institution for experts fraudulently or otherwise wrongfully; |
| 2. | Where it ceases to meet any of the designation standards under paragraph (1); |
| 3. | Where it engages in business during the business suspension period. |
| (3) | Matters necessary for the detailed standards and procedures for the designation, revocation of designation, and business suspension of training institutions for experts, shall be prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. <Added by Act No. 13024, Jan. 20, 2015> |
| (4) | The Minister of Agriculture, Food and Rural Affairs may subsidize expenses incurred in training experts for training institutions for experts designated pursuant to paragraph (1), within budgetary limits. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13024, Jan. 20, 2015> |
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| Article 11 (Horse Industry-Related Qualification Systems) |
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The Minister of Agriculture, Food and Rural Affairs may operate qualification systems for horse trainers, farriers and rehabilitation riding instructors. <Amended by Act No. 11690, Mar. 23, 2013>
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| Article 12 (Horse Industry-Related Qualification Tests and Accreditation) |
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| (1) | A person who intends to be a horse trainer, farrier or rehabilitation riding instructor shall pass qualification tests administered by the Minister of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | No horse trainer, farrier and rehabilitation riding instructor shall allow any third person to use his or her name or lend his or her certificate of qualification to any third person. |
| (3) | No one shall use the name of horse trainer, farrier or rehabilitation riding instructor without obtaining such qualification or hire a certificate of qualification, or help any third person to use the name thereof or hire a certificate of qualification. |
| (4) | Matters necessary for eligibility to apply for qualification tests for horse trainers, farriers and rehabilitation riding instructors, the subjects of test, the methods of test, fail/pass criteria in tests, classification of grades and issuance of certificates of qualification, etc., shall be prescribed by Presidential Decree. |
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| Article 13 (Disqualification and Revocation of Qualification) |
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| (1) | None of the following persons shall be a horse trainer, farrier or rehabilitation riding instructor: <Amended by Act No. 11005, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12429, Mar. 18, 2014> |
| 1. | An incompetent person under the adult guardianship or a quasi-incompetent person under the limited guardianship; |
| 2. | A mental patient under subparagraph 1 of Article 3 of the Mental Health Act: Provided, That a person deemed capable of performing his or her duties by a mental health medical specialist shall be excluded; |
| 3. | A person prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs who is a narcotic or other psychotropic drug addict; |
| 4. | A person whose qualification was revoked pursuant to paragraph (2) and in whose case three years have not passed from the date his or her qualification was revoked. |
| (2) | Where a horse trainer, farrier or rehabilitation riding instructor falls under any of the following subparagraphs, the Minister of Agriculture, Food and Rural Affairs may revoke his or her qualification or order the suspension of qualification within the period of three years: Provided, That where he or she falls under subparagraph 1 or 2, the Minister of Agriculture, Food and Rural Affairs shall revoke his or her qualification: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where he or she obtains his or her qualification by false or other unlawful means; |
| 2. | Where he or she comes to fall under any of the provisions of paragraph (1) 1 through 3; |
| 3. | Where he or she lends a certificate of qualification to any third person; |
| 4. | Where he or she performs his or her duties during the period of suspension of qualification. |
| (3) | Detailed standards for administrative dispositions under paragraph (2) shall be prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs in consideration of grounds for such disposition, the severity of violation, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER III FOSTERING OF HORSE INDUSTRY
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| Article 14 (Stabilization of Supply and Demand and Prices of and Revitalization of Distribution of Horses) |
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| (1) | The State and a local government may formulate and implement policies necessary for adjusting the supply and demand of horses, supporting the creation of self-help funds under the Creation and Management of Self-Help Livestock Funds Act, opening a horse market and revitalizing the distribution of horses, etc. to ensure smooth supply and demand and supply of, and the stabilization of prices of horses based on to the conditions of the use of horses. |
| (2) | The State and a local government may give necessary support to horse business operators to efficiently implement polices under paragraph (1). |
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| Article 15 (Reporting Riding Facilities) |
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| (1) | A person who intends to operate riding facilities shall report to the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), as prescribed by Presidential Decree. The same shall also apply where the person intends to modify reported matters (excluding a modification of insignificant matters prescribed by Presidential Decree). |
| (2) | An operator of riding facilities shall meet facility and safety standards prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs for ensuring comfortable use and safety of users. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | An operator of riding facilities shall purchase insurance, as prescribed by Presidential Decree, to compensate for damage related to the operation of riding facilities or caused in riding facilities. |
| (4) | Where an operator of riding facilities falls under any of the following subparagraphs, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may revoke his or her business or order him or her to suspend all or part of his or her business by fixing a period of up to six months: |
| 1. | Where he or she fails to conduct business for not less than six months without justifiable grounds; |
| 2. | Where he or she violates the facility and safety standards under paragraph (2); |
| (5) | Detailed standards concerning the revocation or suspension of a business under paragraph (4) shall be prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs in consideration of grounds for such disposition, the severity of violation, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 16 (Exclusion from Application of the Installation and Utilization of Sports Facilities Act) |
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| Article 17 (Subsidization of Riding Facilities) |
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| (1) | The Minister of Agriculture, Food and Rural Affairs may subsidize the installation of riding facilities or improvement or repair works, etc. under this Act to promote the use of horses. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Agriculture, Food and Rural Affairs may subsidize educational or public relations activities or subsidize some of premiums for horse business operators prescribed by Presidential Decree to encourage them to purchase an accident insurance related to the horse industry. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 18 (Support for Overseas Expansion) |
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| (1) | The Minister of Agriculture, Food and Rural Affairs may support overseas public relations and international exchange activities to enhance the competitiveness of the export of horses and horse-related goods of horse business operators conducting business in the Republic of Korea and to vitalize their overseas expansion. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | An agency taking exclusive responsibility may establish and operate places of business overseas to efficiently support the activities under paragraph (1). |
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| Article 19 (Fostering of Home-Bred Horses) |
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The State, a local government or an agency taking exclusive responsibility shall perform the following activities to foster home-bred horses (hereinafter referred to as "home-bred horses"):
| 1. | Activities to promote the utilization of home-bred horses; |
| 2. | Activities involving the development and distribution of technology to promote the production of home-bred horses; |
| 3. | Activities to foster home-bred horses in Jeju Special Self-Governing Province, etc. as a riding horse breed. |
CHAPTER IV SPECIAL HORSE INDUSTRY ZONES
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| Article 20 (Designation of Special Horse Industry Zones) |
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| (1) | The Minister of Agriculture, Food and Rural Affairs shall designate special horse industry zones among regions satisfying all of the following requirements: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | There shall be needs to create the circumstances for the growth of the horse industry in such a manner of combining various businesses related to horses; |
| 2. | Facilities and the size, etc. of the production of the horse industry in the relevant region shall not fall short of the standards prescribed by Presidential Decree; |
| 3. | Regions that satisfy the requirements under subparagraph 2 shall not be isolated geographically. |
| (2) | The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may apply for designation of a special horse industry zone individually or jointly with the head of a Si/Gun/Gu of an adjacent local government. |
| (3) | Matters necessary for application for, or designation of, a special horse industry zone, or the revocation thereof, and procedures for change of the area, etc. shall be prescribed by Presidential Decree. |
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| Article 21 (Formulation and Implementation of Promotion Plans for Special Horse Industry Zones) |
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| (1) | The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu of a region designated as a special horse industry zone shall individually or jointly formulate and implement a promotion plan for the special horse industry zone according to a comprehensive plan for promoting the horse industry in his or her jurisdiction. |
| (2) | Matters necessary for formulating and implementing a promotion plan for a special horse industry zone, such as matters to be included therein under paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 22 (Support for Special Horse Industry Zones) |
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| (1) | Where a horse business operator who has a place of business in a special horse industry zone requests the State or a local government to subsidize funds used for his or her business, it may subsidize such funds within budgetary limits. |
| (2) | The State or a local government may give administrative or financial support to any business for promoting a special horse industry zone. |
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| Article 23 (Tax Reduction and Exemption) |
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The State may reduce or exempt corporate tax, income tax, etc. imposed on horse business operators who have a place of business in a special horse industry zone pursuant to the Restriction of Special Taxation Act to support the horse industry in the special horse industry zone.
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| Article 24 (Lending, Use, etc. of State or Public Property) |
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| (1) | Where the State or a local government deems it necessary for promoting a special horse industry zone, notwithstanding the State Property Act or the Public Property and Commodity Management Act, it may lend or sell State or public property to a horse business operator in a special horse industry zone, or permit him or her to use or profit from such property through a private contract. |
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| Article 25 (Assessment of Special Horse Industry Zones) |
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| (1) | The Minister of Agriculture, Food and Rural Affairs shall assess the conditions of implementing a promotion plan for special horse industry zones under Article 21, and may give necessary support for exemplary special horse industry zones, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | If the findings of assessment under paragraph (1) reveal that any special horse industry zone fails to satisfy the requirements for designation of a special horse industry zone under Article 20 or the actual outcomes of implementing the promotion plan are insufficient, the Minister of Agriculture, Food and Rural Affairs may take necessary measures, such as revocation of the designation of a special horse industry zone, adjustment of the area thereof, recommendation of improvement, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER V SUPPLEMENTARY PROVISIONS
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| Article 26 (Filing Reports and Inspection) |
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| (1) | The Minister of Agriculture, Food and Rural Affairs may require the head of a local government and the head of an agency taking exclusive responsibility to file a report on matters necessary for formulating and implementing policies for the horse industry and other matters necessary for enforcing this Act to him or her, as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | If necessary for enforcing this Act, the Minister of Agriculture, Food and Rural Affairs, and the head of a local government may require horse business operators to file a necessary report or submit data, and require his or her subordinate public officials to inspect duties concerning their business, as prescribed by Ministerial Decree of Agriculture, Food and Rural Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A public official who conducts an inspection under paragraph (2) shall carry an identification card indicating his or her authority and produce it to interested persons. |
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| Article 27 (Hearings) |
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Where the Minister of Agriculture, Food and Rural Affairs, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu intends to issue any of the following dispositions, he or she shall hold a hearing: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13024, Jan. 20, 2015>
| 1. | Revocation of designation or suspension of a business under Article 10 (2); |
| 2. | Revocation of a qualification under Article 13 (2); |
| 3. | Revocation or suspension of a business under Article 15 (4). |
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| Article 28 (Delegation or Entrustment of Authority or Duties) |
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| (1) | The Minister of Agriculture, Food and Rural Affairs may delegate part of his or her authority or duties vested under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of a Special Self-Governing Province, or entrust the same to any agency taking exclusive responsibility, institution, corporation or organization related to livestock industry, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Agriculture, Food and Rural Affairs may subsidize all or some expenses incurred in performing duties entrusted under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 29 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
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Executive officers and employees of an agency taking exclusive responsibility, institution, corporation or organization related to livestock industry engaged in the duties entrusted pursuant to Article 28 shall be deemed public officials for the purposes of the penalty provisions under Articles 129 through 132 of the Criminal Act.
CHAPTER VI PENALTY PROVISIONS
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| Article 30 (Penalty Provisions) |
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A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
| 1. | A person who obtains qualification for a horse trainer, farrier, or rehabilitation riding instructor by false or other unlawful means, in violation of Article 12 (1); |
| 2. | A person who allows any third person to use the name of a horse trainer, farrier, or rehabilitation riding instructor, or who lends a certificate of such qualification to any third person, in violation of Article 12 (2); |
| 3. | A person who uses the name of horse trainer, farrier, or rehabilitation riding instructor or hires a certificate of such qualification, or helps any third person to use the name thereof or lend a certificate of qualification, in violation of Article 12 (3). |
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| Article 31 (Administrative Fines) |
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| (1) | A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding five million won: |
| 1. | A person who operates riding facilities without filing a report pursuant to the former part of Article 15 (1); |
| 2. | A person who fails to file a report on modification under the latter part of Article 15 (1); |
| 3. | A person who violates facility and safety standards under Article 15 (2); |
| 4. | A person who operates riding facilities without purchasing insurance, in violation of Article 15 (3); |
| 5. | A person who continues running business, in violation of disposition issued under Article 15 (4); |
| 6. | A person who fails to file a report or submit data under Article 26 (2), or file a false report or submits false data. |
| (2) | The Minister of Agriculture, Food and Rural Affairs, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11005, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12429, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Person, etc.)
The incompetent persons under the adult guardianship and quasi-incompetent persons under the limited guardianship under the amended provisions of Article 13 (1) 1 shall be deemed to include a person for whom the effect of adjudication of incompetence or quasi-incompetence is maintained under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDUM <Act No. 13024, Jan. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
Last updated : 2016-02-22