ACT ON SUPPORT IN ACTIVITIES OF FARMERS FOR NONFARM INCOME
Act No. 9760, jun. 9, 2009
Amended by Act No. 10331, May 31, 2010
Act No. 11690, Mar. 23, 2013
Act No. 12049, Aug. 13, 2013
Act No. 12050, Aug. 13, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12738, jun. 3, 2014
Act No. 13383, jun. 22, 2015
Act No. 14480, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 15073, Nov. 28, 2017
Act No. 16072, Dec. 24, 2018
The purpose of this Act is to provide opportunities for increasing nonfarm income and contribute to the balanced development of the national economy by supporting the development of sources of nonfarm income and activities for nonfarm income for which farmers, etc. utilize resources and services produced by them.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 13383, Jun. 22, 2015>
| 1. | The term "farmers, etc." means those who fall under the following items: |
| (b) | Corporations prescribed by Presidential Decree among the agricultural corporations under subparagraph 2 of Article 2 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises; |
| 3. | The term "activities for nonfarm income" means acts, such as the production, distribution and advertising of products for which farmers, etc. have utilized resources and services produced by them, to create nonfarm income, which are less than a certain scale prescribed by Presidential Decree. |
| Article 3 (Responsibility of the State and Local Governments) |
The State and a local government shall formulate and execute policies for the development of sources of nonfarm income and activities for nonfarm income of farmers, etc., and shall prepare administrative and financial support plans, etc. necessary for the promotion of such policies.
| Article 4 (Formulation of Comprehensive Plans, etc. for Support in Activities for Nonfarm Income) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall formulate and execute a comprehensive plan in which the following matters are included (hereinafter referred to as "comprehensive plan"), in consultation with the heads of the relevant central administrative agencies, every five years for the development of sources of nonfarm income and activities for nonfarm income of farmers, etc.: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | The basic objectives and the direction of the promotion; |
| 2. | Matters concerning the support of funds, information, technology, human resources, marketing, taxation business, accounting, management, design, integration, etc. on activities for nonfarm income; |
| 3. | Other matters necessary for support in the development of sources of nonfarm income and activities for nonfarm income. |
| (2) | Where necessary for formulating a comprehensive plan, the Minister of Agriculture, Food and Rural Affairs may request the heads of the relevant central administrative agencies to submit materials or state their opinions necessary for formulating the comprehensive plan. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | When the Minister of Agriculture, Food and Rural Affairs has formulated a comprehensive plan, he/she shall notify the heads of the relevant central administrative agencies, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor or the Governor of a Special Self-Governing Province of the comprehensive plan. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Administrator of the Rural Development Administration shall formulate and execute an annual promotion plan (hereinafter referred to as "promotion plan") according to a comprehensive plan in connection with an annual implementation plan for agricultural community development projects prescribed in Article 5 of the Agricultural Community Development Promotion Act. <Amended by Act No. 12050, Aug. 13, 2013> |
| (5) | The Administrator of the Rural Development Administration shall, as prescribed by Presidential Decree, annually submit the results of implementation of the preceding year and the promotion plan of the relevant year to the Minister of Agriculture, Food and Rural Affairs, who shall evaluate the results of implementation in accordance with the promotion plan. <Newly Inserted by Act No. 16072, Dec. 24, 2018> |
| (6) | The Administrator of the Rural Development Administration shall reflect the results of evaluation prescribed in paragraph (5) when formulating a promotion plan for the following year. <Newly Inserted by Act No. 16072, Dec. 24, 2018> |
| (7) | Other matters necessary for formulating and executing a comprehensive plan and implementation plan shall be prescribed by Presidential Decree. <Amended by Act No. 16072, Dec. 24, 2018> |
| Article 5 (Research on Actual Conditions) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may conduct research on the actual conditions on sources of nonfarm income and activities for nonfarm income, etc. to formulate and promote a comprehensive plan efficiently and support the development of the sources of nonfarm income and activities for nonfarm income of farmers, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where necessary for research on the actual conditions under paragraph (1), the Minister of Agriculture, Food and Rural Affairs may request a related enterprise, research institute and organization to submit materials or state its opinion. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Except in extenuating circumstances, an enterprise and organization, etc. requested to submit materials pursuant to paragraph (2) shall cooperate in such request. |
| (4) | The extent and methods of research on the actual conditions under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 6 (Support of Organizations Related to Activities of Farmers, etc. for Nonfarm Income) |
The State and a local government may provide financial and other necessary supports to related organizations for the promotion of activities of farmers, etc. for nonfarm income under this Act.
| Article 7 (Agricultural Products Processing Technology Utilization Center) |
| (1) | A local government may establish an agricultural products processing technology utilization center in a local agricultural community development agency under Article 3 of the Agricultural Community Development Promotion Act to support the development of the sources of nonfarm income and activities of farmers, etc. for nonfarm income. |
| (2) | An agricultural products processing technology utilization center shall conduct the following matters to support activities of farmers, etc. for nonfarm income: |
| 1. | Support in the development of the sources of nonfarm income; |
| 2. | Support in technology transfer, training for leaders, education, consultation, counsel, marketing and advertising for the revitalization of activities for nonfarm income; |
| 3. | The securing of space and the installation of tools and materials and equipment necessary for activities under subparagraph 2; |
| 4. | The installation of tools and materials and equipment used in common for support in activities of farmers, etc. for nonfarm income and the efficient operation thereof; |
| 5. | Analysis of the ingredients of products produced by means of activities for nonfarm income (hereinafter referred to as "products from activities for nonfarm income"), the establishment of an in-house quality test laboratory and the securing of human resources for the operation thereof; |
| 6. | Support in the integration for activities for nonfarm income and joint activities. |
| (3) | The State may fully or partially subsidize expenses necessary for activities under paragraph (2) within the budgetary limits. |
| (4) | Other matters necessary for the establishment, operation, etc. of an agricultural products processing technology utilization center shall be prescribed by Presidential Decree. |
| Article 8 (Quality and Safety Control of Products) |
The State and a local government shall support matters necessary for the quality and safety control for the improvement of the quality and productivity of products from activities for nonfarm income, etc. and for the protection of consumers.
| Article 9 (Approval of Business Plans) |
| (1) | Farmers, etc. may prepare a business plan on activities for nonfarm income, as prescribed by Presidential Decree, and conduct a business with approval from the head of a Si/Gun (including the head of an autonomous Gu of a Metropolitan City having jurisdiction over rural communities under subparagraph 5 of Article 3 of the Framework Act on Agriculture, Rural Community, and Food Industry; hereinafter the same shall apply). <Amended by Act No. 12049, Aug. 13, 2013; Act No. 13383, Jun. 22, 2015> |
| (2) | The head of a Si/Gun shall notify an applicant as to whether he/she approves a business plan, within 30 days from the date he/she receives an application for approval of a business plan under paragraph (1). In such cases, where he/she fails to notify as to whether he/she approves a business plan within 30 days, he/she shall be deemed to have approved a business on the date after 30 days have elapsed. |
| (3) | In order to simplify procedures following the commencement of activities of farmers, etc. for nonfarm income, the Minister of Agriculture, Food and Rural Affairs may prepare and announce guidelines necessary when he/she conducts the business concerning approval of a business plan under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 10 (Prior Consultation) |
| (1) | A farmer, etc. may request the head of a Si/Gun to hold a prior consultation about the possibility, etc. of approval of a business plan before he/she applies for approval of his/her business plan under Article 9 (1). |
| (2) | Matters necessary for procedures for a prior consultation under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 11 (Legal Fictions of Authorization, Permission, etc.) |
| (1) | When the head of a Si/Gun approves a business plan pursuant to Article 9 (1), a farmer, etc. shall be deemed to have obtained permission, etc. on matters about which the head of a Si/Gun has consulted with the head of another administrative agency pursuant to paragraph (4) concerning permission, authorization, license, approval, designation, decision, report and cancellation prescribed in the following subparagraphs (hereafter referred to as "permission, etc." in this Article): <Amended by Act No. 10331, May 31, 2010; Act No. 12248, Jan. 14, 2014; Act No. 14480, Dec. 27, 2016; Act No. 15073, Nov. 28, 2017> |
| 3. | Permission to use or to make a profit from administrative property prescribed in Article 20 (1) of the Public Property and Commodity Management Act and the discontinuance of uses of administrative property prescribed in Article 11 of the same Act; |
| 5. | Permission to use agricultural production infrastructure prescribed in the main sentence of Article 23 (1) of the Rearrangement of Agricultural and Fishing Villages Act; |
| (2) | When the head of a Si/Gun gives a farmer, etc. permission for building prescribed in Article 11 of the Building Act concerning a place of business for which he/she has obtained approval of a business plan pursuant to Article 9 (1), he/she shall be deemed to have obtained approval, etc. on matters about which the head of the relevant Si/Gun has consulted with the head of another administrative agency pursuant to paragraph (4) concerning permission, authorization, approval, consent or report (hereafter referred to as "approval, etc." in this Article): <Amended by Act No. 12246, Jan. 14, 2014; Act No. 14532, Jan. 17, 2017; Act No. 15073, Nov. 28, 2017> |
| (3) | When the head of a Si/Gun approves the use of a building pursuant to Article 22 of the Building Act concerning a place of business for which a farmer, etc. has obtained approval of a business plan pursuant to Article 9 (1), he/she shall be deemed to have undergone an inspection, etc. on matters about which the head of the relevant Si/Gun has consulted with the head of another administrative agency pursuant to paragraph (4) concerning inspection, report, consent or application under the following subparagraphs (hereafter referred to as "inspection, etc." in this Article): <Amended by Act No. 12738, Jun. 3, 2014; Act No. 14532, Jan. 17, 2017; Act No. 15073, Nov. 28, 2017> |
| (4) | When the head of a Si/Gun approves a business plan prescribed in Article 9 or grants permission for building prescribed in Article 11 (1) of the Building Act and grants approval for use prescribed in Article 22 (1) of the same Act, where matters falling under paragraphs (1) through (3) belong to the authority of another administrative agency, he/she shall consult with the head of such administrative agency, and the head of the administrative agency requested to hold consultation shall present his/her opinion within the period prescribed by Presidential Decree. In such cases, where the head of another administrative agency fails to present his/her opinion within such period, he/she shall be deemed to have no relevant opinion. |
| (5) | A person who intends to receive legal fictions of authorization, permission, etc. granted under paragraphs (1) through (3) shall submit related documents prescribed by the relevant Act, along with an application for approval, when he/she applies for approval of a business plan. |
| Article 12 (Cancellation, etc. of Approval of Business Plans) |
| (1) | Where a person who has obtained approval of a business plan falls under any of the following subparagraphs, the head of a Si/Gun may cancel approval of a business plan and permit to build a place of business, or order him/her to restore the relevant land to its original state: |
| 1. | Where he/she fails to start building a place of business by the date prescribed by Presidential Decree from the date he/she obtains approval of a business plan or suspends work for more than the period prescribed by Presidential Decree after he/she starts building a place of business; |
| 2. | Where he/she transfers a site for a place of business for which he/she has obtained approval of a business plan without commencing construction of a place of business; |
| 3. | Where he/she leases a site for a place of business for which he/she has obtained approval of a business plan to another person or uses it for the purpose other than a place of business. |
| (2) | Where a person fails to restitute land, in violation of an order for the restoration to the original state under paragraph (1), the head of a Si/Gun may restitute land by performing vicarious execution. |
| (4) | Where the head of a Si/Gun intends to cancel approval of a business plan pursuant to paragraph (1), he/she shall hold a hearing. |
| Article 13 (Special Cases on Support in Activities of Women in Agricultural Villages for Nonfarm Income) |
Where the State and a local government provide support in accordance with the Act on Support for Female-Owned Businesses, they shall provide funds, human resources, technology, education and direct transaction market, etc. to women in agricultural villages preferentially for the promotion of their activities for nonfarm income, the extension of those women's rights in economy and the preservation and development of agriculture and agricultural villages.
| Article 14 (Lending of State or Public Property without Compensation) |
| (1) | Where necessary for the promotion of activities of farmers, etc. for nonfarm income, the State or a local government may lend State property, public property and commodities to farmers, etc. without compensation in accordance with the State Property Act and the Public Property and Commodity Management Act. |
| (2) | Where a farmer fails to conduct his/her target business until two years have passed from the date he/she lent pursuant to paragraph (1), the State or a local government may cancel or terminate a contract for lending. |
| Article 15 (Promotion of Purchase of Public Institutions) |
| (1) | The heads of institutions falling under the following subparagraphs (hereinafter referred to as "public institution") shall promote the purchase of products from activities for nonfarm income produced by farmers, etc. preferentially: |
| 2. | Other public institutions prescribed by Presidential Decree. |
| (2) | The head of a public institution shall formulate and publish a purchase plan of products from activities for nonfarm income produced by farmers, etc. under this Act. |
| (3) | Where the head of a public institution prepares a purchase plan of products from activities for nonfarm income produced by farmers, etc. pursuant to paragraph (2), he/she shall consult with the Minister of Agriculture, Food and Rural Affairs in advance. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | A public institution may purchase products from activities for nonfarm income produced by farmers, etc. by private contract. |
| (5) | The statutes concerned shall apply to procedures for and methods, etc. of a private contract under paragraph (4). |
| (6) | When the head of a supervising agency conducts assessment of institutions on the relevant public institution, he/she shall include actual results of the purchase of products from activities for nonfarm income produced by farmers, etc. without fail. |
| Article 16 (Delegation of Authority) |
The Minister of Agriculture, Food and Rural Affairs may delegate part of his/her authority under this Act to the Administrator of the Rural Development Administration, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 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.
ADDENDUM <Act No. 12049, Aug. 13, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12050, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12246, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That, among the Acts amended under Article 6 of the Addenda, amendments to Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 15073, Nov. 28, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16072, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Submission of Annual Results of Implementation)
The amended provisions of Article 4 shall begin to apply to promotion plans formulated and executed after this Act enters into force.