ENFORCEMENT DECREE OF THE ACT ON DISTRIBUTION AND PRICE STABILIZATION OF AGRICULTURAL AND FISHERY PRODUCTS
Wholly Amended by Presidential Decree No. 16834, jun. 7, 2000
Amended by Presidential Decree No. 17182, Mar. 31, 2001
Presidential Decree No. 17824, Dec. 30, 2002
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18877, jun. 23, 2005
Presidential Decree No. 19507, jun. 12, 2006
Presidential Decree No. 20148, Jul. 2, 2007
Presidential Decree No. 20677, Feb. 29, 2008
Presidential Decree No. 20854, jun. 20, 2008
Presidential Decree No. 21505, May 28, 2009
Presidential Decree No. 22127, Apr. 20, 2010
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22289, Jul. 21, 2010
Presidential Decree No. 23524, Jan. 20, 2012
Presidential Decree No. 23535, Jan. 25, 2012
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 23964, Jul. 20, 2012
Presidential Decree No. 24055, Aug. 22, 2012
Presidential Decree No. 24387, Feb. 20, 2013
Presidential Decree No. 24455, Mar. 23, 2013
Presidential Decree No. 24866, Nov. 20, 2013
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25919, Dec. 30, 2014
Presidential Decree No. 26754, Dec. 22, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27059, Mar. 25, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28029, May 8, 2017
Presidential Decree No. 28152, jun. 27, 2017
Presidential Decree No. 28270, Sep. 5, 2017
Presidential Decree No. 28803, Apr. 17, 2018
Presidential Decree No. 29910, jun. 25, 2019
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 2 (Items Traded at Agricultural and Fishery Products Wholesale Market) |
| 1. | Grains: Rice, barley, beans, millet, hulled millet, sorghum, grain sorghum, corn, buckwheat, sesame, and peanuts; |
| 2. | Green grocery: Fruits, vegetables, wild vegetables, tree fruits, mushrooms, potatoes, undried ginseng among various types of ginseng, fresh oilseed crops, beans, and miscellaneous grains; |
| 3. | Livestock products: White meat and red meat, and eggs; |
| 4. | Fishery products: Fish, dried fish, salted dried fish, salted fish, shellfish, crustacea, seaweeds, and pickled fish; |
| 5. | Flowers: Cut flowers, cut branches, cut foliage, and pot flowers; |
| 6. | Medical crops: Medical crops used as medicinal herbs (including wild crops and other uncultivated crops): Provided, That in cases of herbs defined under subparagraph 5 of Article 2 of the Pharmaceutical Affairs Act, only those for which medicine sales business has been permitted under the same Act shall be included herein; |
| 7. | Other agricultural and fishery products produced by farmers and fishermen and items produced through simple processing of such products, which are designated by a person who establishes the wholesale market. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 3 (Persons who Establish Agricultural and Fishery Product Joint Market) |
| (1) | "Producers' organization prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means any of the following organizations: <Amended by Presidential Decree No. 28029, May 8, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 4 (Designation, Revision, and Revocation of Major Producing Areas) |
| (1) | Producing areas or producing waters of major agricultural and fishery products (hereinafter referred to as "major producing areas") under Article 4 (1) of the Act shall be designated in units of Eup/Myeon/Dong or Si/Gun/Gu. |
| (2) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") has designated a major producing area pursuant to paragraph (1), he/she shall publicly notify it and inform the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries thereof. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to the revision or revocation of the designation of a major producing area under Article 4 (4) of the Act. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 5 (Designation of Major Agricultural and Fishery Product Items) |
Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries has designated major agricultural and fishery product items pursuant to Article 4 (2) of the Act, he/she shall publicly notify such items. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> [This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 5-2 (Composition, etc. of Consultative Bodies for Major Producing Areas) |
| (1) | The Mayor/Do Governor may establish a consultative body for major producing areas referred to in Article 4-2 (1) of the Act (hereinafter referred to as “consultative body”) in each major producing area or each City/Do. |
| (2) | The consultative body shall consist of up to 20 members, and such committee members shall be nominated or commissioned by the Mayor/Do Governor from among the following persons: |
| 1. | Public officials of the relevant City/Do; |
| 5. | Persons whom the Mayor/Do Governor deems particularly necessary, from among those who have expert knowledge and experience with regard to the relevant agricultural or fishery product items. |
| (3) | The chairperson of the consultative body shall be elected by and from the committee members, and one public official member and one commissioned member may be elected as joint chairpersons. |
| (4) | Detailed matters concerning the composition and operation of the consultative bodies, other than those provided for in paragraphs (1) through (3), shall be determined by the Minster of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. |
[This Article Newly Inserted by Presidential Decree No. 28270, Sep. 5, 2017]
| Article 5-3 (Composition, etc. of Central Consultative Council for Major Producing Areas) |
| (1) | A central consultative council for major producing areas referred to in Article 4-2 (2) of the Act (hereinafter referred to as “central council”) shall consist of up to 20 members from among the following persons: |
| 1. | Up to 10 members commissioned by the Minster of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, from among the members recommended by each consultative body; |
| 2. | Up to three public officials of the Ministry of Agriculture, Food and Rural Affairs, nominated by the Minster of Agriculture, Food and Rural Affairs or up to three public officials of the Ministry of Oceans and Fisheries nominated by the Minister of Oceans and Fisheries; |
| 3. | Persons commissioned by Minster of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries as may be deemed necessary by him/her, from among persons who have expert knowledge or experience with regard to the relevant agricultural or fishery product items. |
| (2) | The chairperson of the Central Consultative Council shall be elected by and from the its members, and one public official member and one commissioned member may be elected as joint chairpersons. |
| (3) | Detailed matters concerning the composition and operation of each central council, other than those provided for in paragraphs (1) and (2) shall be determined by each chairperson thereof after listening to the opinions of the members of each relevant central council. |
[This Article Newly Inserted by Presidential Decree No. 28270, Sep. 5, 2017]
| Article 6 (Entrusting Establishment and Operation of Comprehensive Information System) |
| (1) | The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries shall entrust the following institutions in accordance with Article 5-3 (2) of the Act with the establishment and operation of a comprehensive information system on the distribution of agricultural or fishery products provided for in paragraph (1) of the said Article (hereinafter referred to as “comprehensive information system”): |
| 2. | For fishery products: the Korea Maritime Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. |
| (2) | The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may bear some of the expenses necessary to perform duties entrusted under paragraph (1). |
[This Article Newly Inserted by Presidential Decree No. 28029, May 8, 2017]
| Article 6-2 (Establishment, Operation, etc., of Comprehensive Information System) |
| (1) | The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may collect information on the production, distribution, and consumption of agricultural and fishery products, which is necessary for ensuring seamless supply of and demand for agricultural and fishery products and maintaining their prices at reasonable levels. |
| (2) | The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies, local governments, etc., to provide materials, if such is necessary for collecting information provided for in paragraph (1). |
| (3) | Except as provided for in paragraphs (1) and (2), details necessary for establishing and operating a comprehensive information system shall be determined by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries. |
[This Article Wholly Inserted by Presidential Decree No. 28029, May 8, 2012]
| Article 7 (Producers' Organizations for Contract Production) |
"Producers' organization prescribed by Presidential Decree" in Article 6 (1) of the Act means any of the following: <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 27059, Mar. 25, 2016; Presidential Decree No. 28152, Jun. 27, 2017> | 1. | An organization formed by at least two organizations, among a local agricultural cooperative, local livestock producers cooperative, item- or business-type-specific cooperative, joint business corporation of cooperatives, item-specific federation of cooperatives, forestry cooperative and the national federation thereof (including the NongHyup Agribusiness Group), to jointly produce agricultural products or to jointly sell, process, promote, or export agricultural products, which satisfies the requirements determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs; |
| 2. | A person falling under any subparagraph of Article 3 (1); |
| 3. | An organization with corporate personality formed by at least five farmers to jointly produce agricultural products or to jointly sell, process, promote, or export agricultural products, which satisfies the requirements determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs; |
| 4. | An organization which has been formed by at least two organizations among the organizations specified in subparagraph 2 or 3, which satisfies the requirements determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Articles 8 and 9 Deleted. <by Presidential Decree No. 24387, Feb. 20, 2013> |
| Article 10 (Purchase and Disposal of Overproduced Agricultural and Fishery Products) |
| (1) | Where the Minister of Agriculture, Food and Rural Affairs purchases perishable agricultural products pursuant to Article 9 of the Act, he/she may purchase such products from a producer or producers' organization before harvest in any of the following cases, and may take a necessary disposition for the purchased agricultural products, such as abandonment of the agricultural products at the producing area in which they were produced: <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 27059, Mar. 25, 2016> |
| 1. | Where overproduction is likely to occur despite adjustment of production and shipment; |
| 2. | Where it is deemed necessary for protecting producers. |
| (2) | Where perishable agricultural products are purchased under Article 9 of the Act, priority shall be given to agricultural products produced by a producer under a production contract or shipment contract pursuant to Article 6 of the Act or to those produced by a producer who has committed to the shipment thereof pursuant to Article 13 (1) of the Act. <Amended by Presidential Decree No. 27059, Mar. 25, 2016> |
| (3) | Articles 12 through 14 shall apply mutatis mutandis to entrustment of purchase or disposal of perishable agricultural products pursuant to Article 9 (3) of the Act and to payment of expenses incurred in relation to entrustment thereof. <Amended by Presidential Decree No. 27059, Mar. 25, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 11 (Orders to Adjust Distribution) |
An order to adjust distribution issued pursuant to Article 10 (2) of the Act shall contain the following: <Amended by Presidential Decree No. 24455, Mar. 23, 2013> | 1. | Grounds for issuing the order (including analytic data on supply and demand, prices, and revenue); |
| 2. | Items subject to such order; |
| 5. | Persons subject to such order; |
| 6. | Methods of adjusting production or shipment; |
| 7. | Method of confirming the execution of such order, and sanctions against a violator of such order; |
| 8. | Follow-up management and other matters deemed necessary for adjusting distribution by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 12 (Entrustment of Stockpiling Programs, etc.) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall implement any of the following stockpiling programs or shipment adjustment programs (hereinafter referred to as "stockpiling programs, etc.") for agricultural products by entrusting the programs to the National Agricultural Cooperative Federation, the NongHyup Agribusiness Group, the National Forestry Cooperatives Federation, or the Korea Agro-Fisheries and Food Trade Corporation, pursuant to Article 13 (4) of the Act: <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 27059, Mar. 25, 2016; Presidential Decree No. 28152, Jun. 27, 2017> |
| 1. | Purchase, importation, packing, transportation, storage, and sales of agricultural products for stockpiling purposes; |
| 2. | Conclusion of a contract for cultivation, aquaculture, or advance sale designed to secure agricultural products for stockpiling purposes; |
| 3. | Commitments on shipment of agricultural products and payment of advances; |
| 4. | Settlement of payments for programs prescribed in subparagraphs 1 through 3. |
| (2) | Where the Minister of Agriculture, Food and Rural Affairs entrusts stockpiling programs, etc., for agricultural products pursuant to paragraph (1), he/she shall do so by determining the following matters: <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 27059, Mar. 25, 2016; Presidential Decree No. 28803, Apr. 17, 2018> |
| 1. | Items and quantities of agricultural products subject to entrustment; |
| 2. | Quality, specifications, and prices of agricultural products subject to entrustment; |
| 2-2. | Methods to verify the safety of agricultural products subject to entrustment; |
| 3. | Matters necessary for implementing the programs, including methods of selling, or timing for purchasing or importing, agricultural products subject to entrustment. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 13 (Execution and Management of Funds for Stockpiling Programs, etc.) |
| (1) | Where the Minister of Agriculture, Food and Rural Affairs has entrusted stockpiling programs, etc. for agricultural products pursuant to Article 12, he/she shall pay a person entrusted to implement the relevant programs (hereinafter referred to as "institution implementing stockpiling programs") a rough estimate of the funds necessary for such programs, from the Agricultural Product Price Stabilization Fund referred to in Article 54 of the Act. <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 26754, Dec. 22, 2015; Presidential Decree No. 27059, Mar. 25, 2016> |
| (2) | Upon receipt of funds for a stockpiling program, etc. (hereinafter referred to as "funds for stockpiling programs, etc.") under paragraph (1), the institution implementing stockpiling programs shall establish a separate account therefor and treat revenues clearly separately from expenses incurred in implementing the relevant stockpiling programs, etc. |
| (3) | Where the programs prescribed in paragraph (1) are completed, the head of the institution implementing stockpiling programs shall settle payment for the relevant programs without delay and report to the Minister of Agriculture, Food and Rural Affairs on the outcomes thereof. <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 27059, Mar. 25, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 14 (Accounting of Expenses for Stockpiling Programs, etc.) |
| (1) | Where the funds for stockpiling programs, etc. are used, both the business management expenses relating to purchase, sales, etc., which are impracticable to calculate and the management expenses for the funds for stockpiling programs, etc. which are paid to an institution implementing stockpiling programs if stockpiling programs, etc., are entrusted pursuant to Article 12, shall be calculated in accordance with the criteria determined by the Minister of Agriculture, Food and Rural Affairs. <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 27059, Mar. 25, 2016> |
| (2) | Any shortage of agricultural products that arises in the course of implementing stockpiling programs, etc., shall be recorded as costs within the limits determined by the Minister of Agriculture, Food and Rural Affairs. <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 27059, Mar. 25, 2016> |
| (3) | Where any agricultural products stockpiled are lost, degraded, decomposed, or spoiled due to any accident, such as fire, theft, or flood, such loss shall be compensated by the relevant institution implementing stockpiling programs: Provided, That such loss shall be recorded as a deductible expense of the Fund if the accident occurs due to force majeure. <Amended by Presidential Decree No. 27059, Mar. 25, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 15 (Opening of Wholesale Markets) |
Wholesale markets shall be established according to the business categories of grains, green grocery, livestock products, fishery products, flowers, and medical crops or by integrating at least two categories, pursuant to Article 17 (1) of the Act. [This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 16 (Names of Wholesale Markets) |
The name of a wholesale market prescribed in Article 17 (1) of the Act shall include the name of the local government that has established such wholesale market. [This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 17 (Procedure for Designation, etc. of Wholesale Market Corporations) |
| (1) | A person who intends to be designated as a wholesale market corporation pursuant to Article 23 (1) of the Act shall submit an application for designation of a wholesale market corporation (including an application in electronic form) accompanied by the following documents to a person who sets up a wholesale market. In such cases, upon receipt of an application for designation of a wholesale market corporation, the person who establishes the wholesale market shall verify the applicant's registration certificate, through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: |
| 1. | The articles of incorporation; |
| 2. | The list of stockholders; |
| 3. | Executive officers' resumes; |
| 4. | The relevant corporation's financial statements for the immediately preceding fiscal year and documents attached thereto (a balance sheet prepared based on the incorporation date, in cases of a newly incorporated corporation); |
| 5. | A business plan for five years from the scheduled date of business commencement (including a plan for activities in producing areas, plan to secure certified auctioneers, plan to sell agricultural or fishery products, fund management plan, plan to manage the organization and human resources, etc.); |
| 6. | A document verifying that the applicant meets business regulatory requirements set by the person who establishes a wholesale market, such as the scale of trading, the ratio of net assets, and the guarantee deposit for dealings. |
| (2) | Upon receipt of an application filed under paragraph (1), the person who sets up the wholesale market shall designate an appropriate number of wholesale market corporations not exceeding the number specified in the business regulations. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 17-2 (Management of Qualifying Examinations for Certified Auctioneers) |
| (1) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall entrust affairs relating to the management (excluding issuance of qualification certificates for auctioneers) of qualifying examinations for certified auctioneers (hereinafter referred to as "examinations") to the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act (hereinafter referred to as the "Human Resources Development Service of Korea") pursuant to Article 27-2 (2) of the Act. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> |
| (2) | Where the Human Resources Development Service of Korea intends to implement an examination, it shall formulate a plan for conducting the examination, including the date, place, method, etc. of the examination, and obtain approval therefor from the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> |
| (3) | The Human Resources Development Service of Korea may collect expenses incurred in implementing examinations, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 17-3 (Examination Subjects, Partial Exemption from Examination, etc.) |
| (1) | The examination shall be conducted for each category by dividing it into a primary multiple-choice written examination (hereinafter referred to as "primary examination") and a final practical examination (hereinafter referred to as "final examination"). In such cases, the final examination shall be conducted for persons who have passed the primary examination or persons exempt from the primary examination. |
| (2) | The primary examination shall cover the Act and subordinate statutes and regulations; agricultural and fishery distribution; and evaluation of marketability, while the final examination shall be conducted through a mock auction. <Amended by Presidential Decree No. 28270, Sep. 5, 2017> |
| (3) | A person who has passed the primary examination shall be exempt from the primary examination if he/she applies for the next round of examination, and a person who has passed the final examination shall be exempt from examination on agricultural and fishery distribution, required for the primary examination, only for the next round of examination, if he/she applies for the examination for a different category. <Amended by Presidential Decree No. 28270, Sep. 5, 2017> |
| (4) | Examinations for the categories of green grocery and fishery products shall be conducted each year, and other types of examination shall be conducted every two years: Provided, That the year for conduct of the examination may be changed if the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries deems it necessary to promptly recruit human resources. <Amended by Presidential Decree No. 24455, Mar. 23, 201; Presidential Decree No. 28270, Sep. 5, 2017> |
| (5) | Persons passing the exam shall be those who obtain at least 40 points out of 100 in each subject and at least 60 points as an average score in all primary examination subjects, and those who obtain at least 70 points out of 100 in the final examination. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 17-4 Deleted. <by Presidential Decree No. 28029, May 8, 2017> |
| Article 17-5 (Issuance, etc. of Qualification Certificates for Auctioneers) |
| (1) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall entrust affairs relating to the issuance of qualification certificates for auctioneers to Korea Agro-Fisheries and Food Trade Corporation, pursuant to Article 27-2 (2) of the Act. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> |
| (2) | The head of Korea Agro-Fisheries and Food Trade Corporation shall issue a qualification certificate for auctioneers to each person who has passed the examination, and record it in the register of certified auctioneers. |
| (3) | The head of the Korea Agro-Fisheries and Food Trade Corporation may collect actual expenses incurred in connection with the issuance of qualification certificates for auctioneers, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries <Amended by Presidential Decree No. 24455, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 17-6 (Restrictions on Concurrent Business by Wholesale Market Corporations) |
| (1) | Where a wholesale market corporation is likely to breach any of its wholesale duties because it causes competition with local shippers or too many concurrent business transactions by selling agricultural or fishery products, purchased or consigned through concurrent business, in violation of Articles 32, 33 (1), 34, and 35 (1) through (3) of the Act, a person who sets up a wholesale market may restrict concurrent business under the proviso to Article 35 (4) of the Act after deliberation by the market management and operation committee prescribed in Article 78 of the Act, pursuant to Article 35 (5) of the Act as follows: <Amended by Presidential Decree No. 24866, Nov. 20, 2013> |
| 1. | First violation: Improvement order; |
| 2. | Second violation: Prohibition for a period of one month; |
| 3. | Third violation: Prohibition for a period of six months; |
| 4. | Fourth violation: Prohibition for a period of one year. |
| (2) | Where concurrent business is restricted under paragraph (1), dispositions criteria according to the frequency of offenses shall apply to where dispositions have been taken for an identical offense within the last three years. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 18 (Designation Procedures, etc. for Wholesalers at Market) |
| (1) | Each person who intends to be designated as a wholesaler at a market pursuant to Article 36 (1) of the Act shall submit an application for designation of wholesaler at the market (including an application in electronic form) accompanied by the following documents to a person who sets up a wholesale market. In such cases, the latter part of subparagraph of Article 17 (1) shall apply mutatis mutandis to the procedure for designation of the wholesaler at the market: |
| 1. | The articles of incorporation; |
| 2. | The list of stockholders; |
| 3. | Executive officers' resumes; |
| 4. | The relevant corporation's financial statements for the immediately preceding fiscal year and documents attached thereto (a balance sheet prepared based on the incorporation date, in cases of a newly incorporated corporation); |
| 5. | A business plan for five years from the scheduled date of business commencement (including a plan for activities in producing areas, plan to sell agricultural or fishery products, fund management plan, plan to manage the organization and human resources, etc.); |
| 6. | A document verifying that the applicant meets business regulatory requirements established by a person who sets up a wholesale market, such as the scale of trading, the ratio of net assets, and the guarantee deposit for dealings. |
| (2) | Upon receipt of an application filed under paragraph (1), the person who sets up a wholesale market shall designate an appropriate number of wholesalers at the market not exceeding the number specified in the business regulations. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 18-2 (Grounds for Refusing to Accept Consignment is Allowed) |
"Cases prescribed by Presidential Decree" in subparagraph 5 of Article 38 of the Act means the cases where items determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or by a person who sets up a wholesale market have not been shipped in compliance with the standards prescribed in Article 5 (1) of the Agricultural and Fishery Products Quality Control Act. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> [This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 19 Deleted. <by Presidential Decree No. 29910, Jun. 25, 2019> |
| Article 20 (Establishment and Operation of Agricultural or Fishery Product Collection Centers) |
| (1) | Where a local agricultural cooperative, local livestock producers cooperative, item- or business-type-specific cooperative, joint business corporation of cooperatives, item-specific federation of cooperatives, forestry cooperative, fisheries cooperative, the national federations thereof (including the NongHyup Agribusiness Group), a producers' organization defined in subparagraph 5 of Article 2 of the Act, or a public interest corporation intends to establish and operate an agricultural or fishery product collection center, pursuant to Article 50 of the Act, it shall have appropriate facilities necessary for shipping and selling agricultural or fishery products. <Amended by Presidential Decree No. 27059, Mar. 25, 2016; Presidential Decree No. 28152, Jun. 27, 2017> |
| (2) | The chairman of the National Agricultural Cooperative Federation, the president of the National Forestry Cooperatives Federation, the chairman of the National Federation of Fisheries Cooperatives, and the representatives of the NongHyup Agribusiness Group shall formulate standards necessary for establishing and operating agricultural or fishery product collection centers. <Amended by Presidential Decree No. 28152, Jun. 27, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 21 (Opening of Fund Account) |
The Minister of Agriculture, Food and Rural Affairs shall open a fund account at the Bank of Korea to distinguish revenues from expenditure of the Agricultural Product Price Stabilization Fund (hereinafter referred to as the "Fund") prescribed in Article 54 of the Act. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> [This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 22 (Delegation and Entrustment of Operation and Management of Fund) |
| (1) | Deleted. <by Presidential Decree No. 17182, Mar. 31, 2001> |
| (2) | The Minister of Agriculture, Food and Rural Affairs shall entrust any of the following affairs relating to the operation and management of the Fund to the head of Korea Agro-Fisheries and Food Trade Corporation pursuant to Article 56 (3) of the Act: <Amended by Presidential Decree No. 24055, Aug. 22, 2012; Presidential Decree No. 24455, Mar. 23, 2013> |
| 1. | Revenues and expenditure of the Fund, except for affairs relating to seed business; |
| 2. | Acquisition, operation, disposal, etc., of Fund property, except for affairs relating to seed business; |
| 3. | Operation of surplus funds of the Fund; |
| 4. | Other affairs relating to the operation and management of the Fund, prescribed by the Minister of Agriculture, Food and Rural Affairs. |
| Article 23 (Projects for which Fund can be Used) |
| 1. | Development of processing, packing, and storage technologies of agricultural products, fostering of brands, and promotion of low-temperature distribution, distribution informatization, and logistics standardization; |
| 2. | Surveys, research, public relations, guidance, education and training relating to projects designed to improve the distribution structure, and to stabilize prices, of agricultural products; |
| 3. | Nurturing and development of varieties of superior seeds relating to promotion of the seed industry, and collection of, and surveys and research on, superior genetic resources; |
| 4. | Support for facilities jointly used by producers to improve the distribution structure of agricultural products, excluding food crops and livestock products; |
| 5. | Support for surveys, research, public relations, guidance, education and training, and inspection and analysis facilities relating to the enhancement of safety for price stabilization of agricultural products. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Articles 24 through 31 Deleted. <by Presidential Decree No. 17824, Dec. 30, 2002> |
| Article 32 Deleted. <by Presidential Decree No. 20148, Jul. 2, 2007> |
| Article 33 (Order to Upgrade Markets) |
| (1) | Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries issues an order to merge, relocate or close a wholesale market, agricultural and fishery products joint market (hereinafter referred to as “joint market”), or privately-operated agricultural and fishery products wholesale market (hereinafter referred to as “privately-operated wholesale market”) pursuant to Article 65 (1) of the Act, he/she shall set an appropriate period necessary for executing such order, and shall require a market with disadvantageous conditions to be merged, relocated, or closed after comparing and reviewing the following: <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 29910, Jun. 25, 2019> |
| 1. | Transaction results and transaction trends over the last two years; |
| 2. | Conditions of location; |
| 3. | The current status of facilities; |
| 4. | The severity of losses the parties will suffer due to the merger, relocation or closure. |
| (2) | Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries intends to issue an order to merge, relocate, or close a wholesale market, joint market, or privately-operated wholesale market pursuant to paragraph (1), he/she shall in advance provide the relevant person with an opportunity to clearly explain the matters specified in the subparagraphs of paragraph (1) or to state his/her opinions thereon. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> |
| (3) | Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries intends to compensate for losses incurred due to the order pursuant to paragraph (1), he/she shall pre-consult with the relevant person. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 34 (Organizations that Run Direct Sales Stores of Agricultural or Fishery Products) |
"Organizations prescribed by Presidential Decree" in Article 68 (2) of the Act means the organizations designated by the head of a consumers' organization or a local government because he/she deems it necessary to facilitate direct trade. [This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 35 (Organization, etc. of Dispute Mediation Committee) |
| (1) | A member of the Dispute Mediation Committee on Electronic Commerce involving Agricultural and Fishery Products (hereafter referred to as the "Dispute Mediation Committee") referred to in Article 70-3 (1) of the Act shall be any of the following: <Amended by Presidential Decree No. 26754, Dec. 22, 2015> |
| 1. | A person qualified as a judge, a prosecutor, or a lawyer; |
| 3. | A person who has worked for at least 10 years in a corporation, organization, institution, etc. in the agriculture industry defined in subparagraph 1 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry; the food industry defined in subparagraph 8 of the same Article; or fisheries defined in subparagraph 1 of Article 3 of the Framework Act on Fishers and Fishing Villages Development; |
| 5. | Other persons deemed to have abundant knowledge of, and experience in, distribution and electronic commerce of agricultural or fishery products, dispute mediation, etc. |
| (2) | Members of the Dispute Mediation Committee shall hold office for a term of two years, and may be appointed consecutively only for another term. <Amended by Presidential Decree No. 28803, Apr. 17, 2018> |
[This Article Newly Inserted by Presidential Decree No. 22289, Jul. 21, 2010]
| Article 35-2 (Disqualification of, Challenge to, or Refrainment by, Members) |
| (1) | Any of the following members of the Dispute Mediation Committee shall be disqualified from mediation in the relevant dispute mediation cases: |
| 1. | Where a member or his/her spouse becomes a party to the relevant case, or is involved in the case as a co-creditor or a co-obligor; |
| 2. | Where a member is a current or former relative of a party to the relevant case; |
| 3. | Where a member has made a testimony or has an appraisal on the relevant case; |
| 4. | Where a member participates, or participated, in the relevant case as a party's agent. |
| (2) | Where the circumstances indicate that it would be difficult to expect fair mediation from a member, a party to the dispute may file a request for a challenge to the Dispute Mediation Committee. In such cases, the Chairperson shall decide to accept the request if he/she deems it appropriate. |
| (3) | Where a member falls under the grounds for disqualification specified in the subparagraphs of paragraph (1), he/she may voluntarily refrain from mediation of the relevant case, and where the member falls under the grounds for challenge under the former part of paragraph (2), he/she may refrain from mediation of the relevant case after obtaining permission from the Chairperson. <Amended by Presidential Decree No. 28803, Apr. 17, 2018> |
[This Article Newly Inserted by Presidential Decree No. 22289, Jul. 21, 2010]
| Article 35-3 (Removal of Members) |
Where a member falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may remove or dismiss such member:
| 1. | Where the member is sentenced to the suspension of qualification or a heavier punishment; |
| 2. | Where the member becomes unable to perform the duties due to mental or physical disability; |
| 3. | Where the member commits any misconduct in relation to the duties; |
| 4. | Where the member is deemed unsuitable as a member due to neglect of duty, injury to dignity, or other reasons; |
| 5. | Where the member fails to refrain although he/she falls under any subparagraph of Article 35-2 (1); |
| 6. | Where the member voluntarily expresses an intention that it is impracticable for him/her to perform the duties. |
[This Article Newly Inserted by Presidential Decree No. 28803, Apr. 17, 2018]
| Article 35-4 (Duties of Chairperson) |
| (1) | The Chairperson of the Dispute Mediation Committee shall represent the Dispute Mediation Committee and exercise general supervision over its affairs. |
| (2) | Where the Chairperson of the Dispute Mediation Committee is unable to perform the duties due to any unavoidable reason, a member designated in advance by the Chairperson shall act on behalf of the Chairperson. |
[This Article Newly Inserted by Presidential Decree No. 22289, Jul. 21, 2010]
| Article 35-5 (Operation, etc. of Dispute Mediation Committee) |
| (1) | The Chairperson of the Dispute Mediation Committee shall convene meetings of the Dispute Mediation Committee and preside over such meetings. |
| (2) | A majority of the members of the Dispute Mediation Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | Sub-committees may be established if necessary to conduct the affairs of the Dispute Mediation Committee in an efficient manner. |
| (4) | Allowances and travel expenses may be paid to the members who attend a meeting of the Dispute Mediation Committee or a sub-committee, within budgetary limits: Provided, That this shall not apply where a member who is a public official attends the meeting in direct relation to his/her affairs. |
[This Article Newly Inserted by Presidential Decree No. 22289, Jul. 21, 2010]
| Article 35-6 (Mediation, etc. of Disputes) |
| (1) | A person who intends to settle a dispute over e-commerce involving agricultural or fishery products through mediation may file an application for dispute mediation with the Dispute Mediation Committee. |
| (2) | The Dispute Mediation Committee shall prepare a proposal for mediation and recommend it to disputing parties within 20 days from the date of receipt of the application for dispute mediation under paragraph (1): Provided, That if it is intended to extend the deadline due to unavoidable reasons, the grounds for such extension and the deadline shall be expressly specified and notified to the disputing parties. |
| (3) | Before making the recommendation under paragraph (2), the Dispute Mediation Committee may recommend that the disputing parties reach agreement between themselves. |
| (4) | If the disputing parties agree to the proposal for mediation under paragraph (2), the Dispute Mediation Committee shall prepare a mediation statement and have the disputing parties write their names and affix their seals. |
| (5) | Except as provided in this Decree, matters necessary for organizing and operating the Dispute Mediation Committee and sub-committees, detailed procedures for dispute mediation, and other matters shall be determined by the Chairperson following decision by the Dispute Mediation Committee. |
[This Article Newly Inserted by Presidential Decree No. 22289, Jul. 21, 2010]
| Article 36 (Taking Action against Illegal Acts) |
If necessary to take effective action against illegal acts pursuant to Article 74 (2) of the Act, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may prescribe guidelines thereon. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> [This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 36-2 (Composition, etc. of Dispute Mediation Committee on Transactions at Wholesale Markets) |
| (1) | A dispute mediation committee on transactions at wholesale markets (hereinafter referred to as "mediation committee") prescribed in Article 78-2 (1) of the Act shall be comprised of not more than nine members, including one chairperson. |
| (2) | The chairperson of the mediation committee shall be designated by a person who sets up a wholesale market from among its members. |
| (3) | Members of the mediation committee shall be appointed or commissioned by a person who sets up a wholesale market from among the following persons. In such cases, at least one person falling under subparagraph 1 or 2 shall be included therein: |
| 1. | A person representing shippers; |
| 2. | A person qualified as a lawyer; |
| 3. | A person with much knowledge and experience in, wholesale market affairs; |
| 4. | A person who has worked in a consumers' organization for at least three years. |
| (4) | Members of the mediation committee shall serve a two-year term. |
| (5) | Allowances and travel expenses may be paid to the members who attend a meeting of the mediation committee, within budgetary limits: Provided, That this shall not apply where a member who is a public official attends the meeting in direct relation to his/her affairs. |
| (6) | Details of the composition, operation, etc., of the mediation committee shall be prescribed by a person who sets up a wholesale market pursuant to the business regulations. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 36-3 (Mediation of Disputes over Transactions at Wholesale Markets) |
| (1) | With regard to disputes that occur between parties to transactions at a wholesale market, a party may file an application for dispute mediation with the mediation committee. |
| (2) | In order to efficiently operate the mediation committee, the chairperson of the mediation committee in receipt of an application for dispute mediation may recommend that disputing parties reach agreement through mediation before a meeting of the mediation committee is held. |
| (3) | Upon receipt of an application for dispute mediation, the mediation committee shall deliberate on and mediate disputed matters within 30 days of receipt of such application. In such cases, the mediation committee may hear opinions of disputing parties, if deemed necessary. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 36-4 (Criteria for Imposing Penalty Surcharges) |
[Newly Inserted by Presidential Decree No. 20148, Jul. 2, 2007]
| Article 37 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall delegate, to the Mayor/Do Governor, his/her authority to issue an order granting merger, relocation or closure of, or to recommend the setting up of or restrictions on, local wholesale markets, joint markets or privately-operated wholesale markets established in a region other than the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, and a Special Self-Governing Province under Article 65 (1) and (2) of the Act, pursuant to Article 85 (1) of the Act. <Amended by Presidential Decree No. 24455, Mar. 23, 2013> |
| (2) | Where a person who sets up a wholesale market has designated a local public corporation under the Local Public Enterprises Act, a public-invested corporation under Article 24 of the Act, or Korea Agro-Fisheries and Food Trade Corporation as a market manager, he/she shall entrust his/her authority over the following matters to the head of such corporation pursuant to Article 85 (2) of the Act: |
| 1. | Registration of local distributors under Article 29 of the Act (including cases applied mutatis mutandis pursuant to Article 46 (3) of the Act), and measures to ban or restrict access to a wholesale market and other necessary measures; |
| 2. | Orders requiring a wholesale market corporation, wholesaler in the market, intermediary wholesaler or local distributor to report the current status of business execution prescribed in Article 79 (2) of the Act. |
[This Article Wholly Amended by Presidential Decree No. 24055, Aug. 22, 2012]
| Article 37-2 (Management of Personally Identifiable Information) |
| (1) | The Minister of Agriculture, Food and Rural Affairs (including a person entrusted to perform affairs of the Minister of Agriculture, Food and Rural Affairs pursuant to Article 13 (4) of the Act) may handle materials containing resident registration numbers defined in subparagraph 1 of Article 19 or foreigner registration numbers defined in subparagraph 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is unavoidable to handle such materials in order to perform affairs relating to the stockpiling programs for agricultural products pursuant to Article 13 (1) of the Act. <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 27059, Mar. 25, 2016> |
| (2) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries (including a person entrusted to perform affairs of the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries pursuant to Article 27-2 (2) of the Act and Articles 17-2 (1) and 17-5 (1) of this Decree) may handle materials containing resident registration numbers defined in subparagraph 1 of Article 19 or foreigner registration numbers defined in subparagraph 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is unavoidable to handle such materials to perform affairs relating to the management of examinations pursuant to Article 27-2 (2) of the Act (including issuance of qualification certificates for auctioneers). <Amended by Presidential Decree No. 25532, Aug. 6, 2014> |
| (3) | Any person who sets up a wholesale market (including a person entrusted to exercise the authority of a person who sets up the wholesale market pursuant to Article 37 (2)), person who sets up a joint market, or person who sets up a privately-operated wholesale market may handle materials containing resident registration numbers defined in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is unavoidable to handle such materials to perform the following affairs: <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014> |
| 2. | Affairs relating to approval for acquisition by transfer and merger, of wholesale market corporations pursuant to Article 23-2 of the Act; |
| 4. | Affairs relating to approval for acquisition by transfer and merger of corporate intermediary wholesalers pursuant to Article 25-2 of the Act; |
| 9. | Affairs relating to approval for acquisition by transfer or merger of wholesalers at a market under Article 36-2 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 24866, Nov. 20, 2013]
| Article 37-3 (Re-Examination of Regulation) |
The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall examine the appropriateness of the criteria for imposing administrative fines specified in Article 38 and attached Table 2, every three years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year), and shall take measures, such as making improvements. <Amended by Presidential Decree No. 27751, Dec. 30, 2016> [This Article Newly Inserted by Presidential Decree No. 25919, Dec. 30, 2014]
| Article 38 (Criteria for Imposing Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 21505, May 28, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes and Regulations)
ADDENDA <Presidential Decree No. 17165, Mar. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 29, 2001.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 17182, Mar. 31, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 17824, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18877, Jun. 23, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20148, Jul. 2, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 4, 2007.
Article 2 (Transitional Measures concerning Application of Penalty Surcharges)
The previous provisions shall apply to the imposition of penalty surcharges for any offense committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 20677, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20854, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Article 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21505, May 28, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 27, 2009: Provided, That the amended provisions of Articles 3 (1) and subparagraph 2 of Article 7 shall enter into force on October 2, 2009. Article 2 (Applicability to Qualifying Examinations for Certified Auctioneers)
The amended provisions of Article 17-3 (3) shall begin to apply to persons who pass the primary examination administered on or after the date the amended provisions of Article 17-3 (3) enter into force under the main sentence of Article 1 of the Addenda. Article 3 (Transitional Measures concerning Administrative Fines)
The previous provisions shall apply to the imposition of an administrative fine for any offense committed before the amended provisions of Article 38 and attached Table 2 enter into force under the main sentence of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 22127, Apr. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2010.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22289, Jul. 21, 2010>
This Decree shall enter into force on Jul. 26, 2010.
ADDENDUM <Presidential Decree No. 23524, Jan. 20, 2012>
This Decree shall enter into force on January 22, 2012.
ADDENDA <Presidential Decree No. 23535, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
Any revision to the deadline for a public announcement of examinations, etc. in this Decree shall begin to apply to examinations administered on or after January 1, 2013.
ADDENDA <Presidential Decree No. 23964, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24055, Aug. 22, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2012.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of attached Table 2, the previous provisions shall apply where the criteria for the imposition of administrative fines are applied to any offense committed before this Decree enters into force. |
| (2) | The imposition of administrative fines for offenses committed before this Decree enters into force shall be included in calculation of the frequency of offenses defined in the amended provisions of attached Table 2. |
ADDENDA <Presidential Decree No. 24387, Feb. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 23, 2013.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24455, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 24866, Nov. 20, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25919, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27059, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28029, May 8, 2017>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6 and 6-2 shall enter into force on June 3, 2017.
ADDENDA <Presidential Decree No. 28152, Jun. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 28270, Sep. 5, 2017>
This Decree shall enter into force on September 22, 2017: Provided, That the amended provisions of Articles 17-3 (2) through (4) shall enter into force on January 1, 2018.
ADDENDA <Presidential Decree No. 28803, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (2) 2-2 shall enter into force three months after the date of its promulgation. Article 2 (Applicability to Consecutive Appointment of Members of Dispute Mediation Committee)
The amended provisions of Article 35 (2) shall also apply to those serving as members as at the time this Decree enters into force: Provided, That members who have been consecutively appointed at least two times shall remain in the office until their term of office expires, notwithstanding the amended provisions of Article 35 (2).
ADDENDUM <Presidential Decree No. 29910, Jun. 25, 2019>
This Decree shall enter into force on July 1, 2019.