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ENFORCEMENT DECREE OF THE FERTILIZER CONTROL ACT

Wholly Amended by Presidential Decree No. 15177, Dec. 5, 1996

Amended by Presidential Decree No. 15598, Dec. 31, 1997

Presidential Decree No. 15853, Aug. 1, 1998

Presidential Decree No. 16443, jun. 30, 1999

Presidential Decree No. 16757, Mar. 24, 2000

Presidential Decree No. 18014, jun. 25, 2003

Presidential Decree No. 18413, jun. 5, 2004

Presidential Decree No. 20506, Dec. 31, 2007

Presidential Decree No. 20677, Feb. 29, 2008

Presidential Decree No. 20981, Aug. 27, 2008

Presidential Decree No. 21626, Jul. 7, 2009

Presidential Decree No. 22735, Mar. 29, 2011

Presidential Decree No. 23494, Jan. 6, 2012

Presidential Decree No. 24455, Mar. 23, 2013

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 25919, Dec. 30, 2014

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28152, jun. 27, 2017

Presidential Decree No. 29907, jun. 25, 2019

Presidential Decree No. 29950, Jul. 2, 2019

Presidential Decree No. 30509, Mar. 3, 2020

Presidential Decree No. 31939, Aug. 10, 2021

Presidential Decree No. 32014, Sep. 24, 2021

Presidential Decree No. 32757, Jul. 4, 2022

 Article 1 (Purpose)
The purpose of this Decree is to provide the matters mandated by the Fertilizer Control Act and matters necessary for the enforcement thereof. <Amended on Aug. 27, 2008>
 Article 1-2 (Exceptions to Application of Act)
The provisions of the Fertilizer Control Act (hereinafter referred to as the "Act") shall not apply to any of the following cases pursuant to Article 3 (2) of the Act: <Amended on Aug. 10, 2021>
1. Where a person engaged in agriculture, forestry, livestock breeding or fisheries produces and sells fertilizers weighing less than 1.5 tons each day on average by utilizing by-products generated during carrying on the relevant business;
2. Where a person engaged in agriculture, forestry, livestock breeding or fisheries produces and gratuitously distributes or supplies fertilizers by utilizing by-products generated during carrying on the relevant business.
[This Article Wholly Amended on Jan. 6, 2012]
 Article 2 Deleted. <Aug. 10, 2021>
 Article 3 Deleted. <Aug. 10, 2021>
 Article 4 Deleted. <Aug. 10, 2021>
 Article 5 Deleted. <Aug. 10, 2021>
 Article 6 Deleted. <Aug. 10, 2021>
 Article 7 Deleted. <Aug. 10, 2021>
 Article 8 (Promotion of Exemplary Fertilizer Development)
(1) When fertilizers newly developed or fertilizers with improved quality referred to in Article 6 of the Act are deemed to contribute to protecting the agricultural environment and soil, raising agricultural productivity, and improving agricultural competitiveness, the Minister of Agriculture, Food and Rural Affairs shall designate and publicly notify such fertilizers as exemplary fertilizers following examination by related experts, etc. <Amended on Mar. 23, 2013; Aug. 10, 2021; Jul. 4, 2022>
(2) The Minister of Agriculture, Food and Rural Affairs shall determine and publicly notify the standards for recognizing exemplary fertilizers referred to in paragraph (1) and the effective date of designation. <Amended on Mar. 23, 2013; Jul. 4, 2022>
(3) In order to facilitate the dissemination of exemplary fertilizers designated and publicly notified pursuant to paragraph (1), the Minister of Agriculture, Food and Rural Affairs may have the following institutions instruct the method of use of such fertilizers, provide information on the purchase of such fertilizers, or take other necessary measures: <Amended on Mar. 23, 2013; Jun. 27, 2017>
1. Local governments;
2. Cooperatives, the National Agricultural Cooperative Federation and NongHyup Economic Holding Company referred to in the Agricultural Cooperatives Act.
(4) In order to facilitate the development and dissemination of exemplary fertilizers, the Government may provide necessary funds within the budget.
(5) Where exemplary fertilizers designated under paragraph (1) fall under any of the following cases, the Minister of Agriculture, Food and Rural Affairs may revoke the designation thereof: Provided, That in cases falling under subparagraph 1, the designation shall be revoked: <Newly Inserted on Jul. 4, 2022>
1. Where the relevant fertilizers are designated as exemplary fertilizers by fraud or other improper means;
2. Where the relevant fertilizers do not maintain the same quality and performance;
3. Where the relevant fertilizers, previously designated as exemplary fertilizers, have not been produced or sold for not less than one year without good cause;
4. Where the relevant fertilizers are mixed with hazardous substances, which is likely to cause harm to the agricultural environment and soil.
[This Article Wholly Amended on Jan. 6, 2012]
 Article 8-2 (Standards for Calculation of Amount of Loss)
(1) The amount of loss referred to in Article 7 (2) of the Act shall be converted into the current price prevailing at the time when the accident occurred, on the condition that when the timing of occurrence of the accident is ambiguous, the current price prevailing at the time when such fact is discovered shall apply.
(2) When it is deemed that a loss is caused by natural disasters or other inevitable causes, the Minister of Agriculture, Food and Rural Affairs may mitigate the amount of compensation or remit the compensation in consideration of all the relevant circumstantial conditions which existed at the time of the accident. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jan. 6, 2012]
 Article 8-3 (Procedures for Indemnification)
(1) Where an accident under Article 7 (2) of the Act has occurred, 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 "Mayor/Do Governor") or the National Agricultural Cooperatives Federation shall report such fact to the Minister of Agriculture, Food and Rural Affairs without delay. <Amended on Mar. 23, 2013; Aug. 10, 2021; Jul. 4, 2022>
(2) Where the Minister of Agriculture, Food and Rural Affairs has received the report under paragraph (1), he or she shall confirm the fact, decide the amount of indemnification pursuant to the standards for calculation of the amount of losses under Article 8-2, and give notice thereof to the Mayor/Do Governor or the National Agricultural Cooperatives Federation. <Amended on Mar. 23, 2013>
(3) The Mayor/Do Governor or the National Agricultural Cooperatives Federation shall pay the amount of indemnification to a receiving agency determined by the Minister of Agriculture, Food and Rural Affairs, within 30 days from receipt of a notice of a decision on indemnification pursuant to paragraph (2). <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Aug. 27, 2008]
 Article 9 (Fertilizer Account)
(1) No funds which the Government makes up for in the fertilizer account pursuant to Article 8 (2) and (3) of the Act shall be used for purposes other than the purpose of redemption of debts in the fertilizer account (including money borrowed from the National Agricultural Cooperative Federation) and the interest accrued therefrom.
(2) The Chairperson of the National Agricultural Cooperative Federation shall prepare a report on the settlement of the fertilizer account which includes the following matters each year and submit it to the Minister of Agriculture, Food and Rural Affairs by March 20 of the following year: <Amended on Mar. 23, 2013; Jul. 2, 2019>
1. Profit and loss statement and statement of financial position of the year concerned;
2. Annexed detailed statements determined by the Minister of Agriculture, Food and Rural Affairs.
[This Article Wholly Amended on Jan. 6, 2012]
 Article 10 (Standards and Assessment of Risk)
(1) Standards for the risk of heavy metals contained in fertilizers and in the raw materials thereof by which importation may be limited pursuant to Article 10 of the Act are as shown in attached Table 1.
(2) Any person who imports fertilizers and the raw materials thereof for which standards for the risk of heavy metals have been determined pursuant to paragraph (1) shall undergo risk assessment conducted by an institution the Minister of Agriculture, Food and Rural Affairs designates, before customs clearance pursuant to Article 10 (2) of the Act: Provided, That the foregoing shall not apply when the results of assessment issued by a government agency of the exporting nation (including an institution established by a government agency of the exporting nation or acknowledged by such government agency as an assessment institution) are below the risk standards shown in attached Table 1. <Amended on Mar. 23, 2013; Aug. 10, 2021>
(3) Standards and methods for risk assessment of fertilizers deemed to cause serious risks and the raw materials thereof are as specified in attached Table 1-2. <Newly Inserted on Aug. 10, 2021>
[This Article Wholly Amended on Jan. 6, 2012]
 Article 11 (Registration of Fertilizer Production Business)
(1) A person who intends to file for registration of fertilizer production business pursuant to Article 11 (1) of the Act shall submit an application for registration prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs by type of fertilizer to the head of a Si (including a Special Self-Governing City Mayor and a Special Self-Governing Province Governor; hereinafter the same shall apply)/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the manufacturing site, along with documents prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Aug. 10, 2021; Jul. 4, 2022>
(2) Deleted. <Jun. 5, 2004>
(3) When the examination of details of an application referred to in paragraph (1) reveals that the fertilizers which are intended to be produced conform to the official standards of fertilizers and the matters applied for the registration of the relevant fertilizers do not fall under the grounds for restrictions on registration referred to in Article 23 (1) of the Act, the head of a Si/Gun/Gu shall not reject the registration of fertilizer production business. <Amended on Jan. 6, 2012; Aug. 10, 2021>
(4) When the head of a Si/Gun/Gu has filed for registration of fertilizer production business pursuant to paragraph (3), he or she shall record the registration number, the date of registration and matters referred to in the subparagraphs of paragraph (1) in the register and issue a certificate of registration to the applicant. <Amended on Jan. 6, 2012; Aug. 10, 2021>
(5) Registers referred to in paragraph (4) shall be prepared and managed by a method in which they can be electronically processed unless there exists any special cause which makes electronic processing impossible. <Amended on Jan. 6, 2012; Aug. 10, 2021>
[Title Amended on Jan. 6, 2012]
 Article 12 (Facilities Required for Registration of Fertilizer Production Business and Other Standards for Registration)
(1) Facilities required for the registration of fertilizer production business referred to in Article 11 (3) of the Act and other standards for registration are as shown in attached Table 2.
(2) "By-product fertilizer production business not in excess of the scale prescribed by Presidential Decree" in the proviso of Article 11 (1) of the Act means by-product fertilizer production business where a person who engages in agriculture, forestry, livestock breeding or fisheries produces and sells by-product fertilizers weighing less than 1.5 tons each day on average by using by-products generated while he or she conducts the relevant business or produces by-product fertilizers to distribute or supply them free of charge. <Amended on Aug. 10, 2021>
[This Article Wholly Amended on Jan. 6, 2012]
 Article 13 (Reporting on Modifications in Registered Matters of Fertilizer Production Business)
(1) A fertilizer producer who intends to file a report on modifications in the registered matters of fertilizer production business or the discontinuance of such business pursuant to Article 11 (4) of the Act shall submit a report prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the head of a Si/Gun/Gu, along with a certificate of registration: Provided, That where a person who intends to file a report on the discontinuation of business has lost the certificate of registration, he or she may state the grounds for such loss on a report on the discontinuation of business without attaching the certificate of registration. <Amended on Aug. 10, 2021; Jul. 4, 2022>
(2) Where a person who intends to file a report on the discontinuation of business pursuant to paragraph (1) intends to file a report on business closure in accordance with Article 8 (8) of the Value-Added Tax Act, he or she shall submit a report on the discontinuation of business under paragraph (1) to the head of a Si/Gun/Gu, along with a report on business closure under Article 13 (1) of the Enforcement Decree of the Value-Added Tax Act, or shall submit an integrated report on business closure under Article 12 (10) of the Enforcement Decree of the Civil Petitions Treatment Act (hereafter in this Article, referred to as "integrated report on business closure") to the head of a Si/Gun/Gu. <Newly Inserted on Jul. 4, 2022>
(3) Upon receipt of a report on business closure referred to in Article 13 (1) of the Enforcement Decree of the Value-Added Tax Act or an integrated report on business closure in accordance with paragraph (2), the head of a Si/Gun/Gu shall without delay forward such documents to the head of the competent tax office (including forwarding via an information and communications network). <Newly Inserted on Jul. 4, 2022>
(4) Where the head of the competent tax office receives a report on the discontinuation of business referred to in paragraph (1) pursuant to Article 13 (5) of the Enforcement Decree of the Value-Added Tax Act and forwards it to the head of the competent Si/Gun/Gu, a report on the discontinuation of business under paragraph (1) shall be deemed submitted. <Newly Inserted on Jul. 4, 2022>
(5) A fertilizer producer who intends to file a report on the suspension of fertilizer production business pursuant to Article 11 (5) of the Act shall submit a report prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the head of a Si/Gun/Gu, along with a certificate of registration. <Newly Inserted on Aug. 10, 2021; Jul. 4, 2022>
[Title Amended on Jun. 30, 1999; Aug. 10, 2021]
 Article 14 (Reporting on Fertilizer Import Business)
(1) A person who intends to file a report on fertilizer import business pursuant to Article 12 (1) of the Act shall submit a report prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs by type of fertilizer to the head of a Si/Gun/Gu having jurisdiction over the place of business, along with documents prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Aug. 10, 2021; Jul. 4, 2022>
(2) A fertilizer importer who intends to file a report on modifications in the reported matters of fertilizer import business or the discontinuance of such business pursuant to Article 12 (2) of the Act shall submit a written report prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the head of a Si/Gun/Gu along with a certificate of report: Provided, That where a person who intends to file a report on the discontinuation of business has lost the certificate of report, he or she may state the grounds for such loss on a report on the discontinuation of business without attaching the certificate of report. <Amended on Aug. 10, 2021; Jul. 4, 2022>
(3) Where a person who intends to file a report on the discontinuation of business pursuant to paragraph (2) intends to file a report on business closure in accordance with Article 8 (8) of the Value-Added Tax Act, he or she shall submit a report on the discontinuation of business under paragraph (2) to the head of a Si/Gun/Gu, along with a report on business closure under Article 13 (1) of the Enforcement Decree of the Value-Added Tax Act, or shall submit an integrated report on business closure under Article 12 (10) of the Enforcement Decree of the Civil Petitions Treatment Act (hereafter in this Article referred to as "integrated report on business closure") to the head of a Si/Gun/Gu. <Newly Inserted on Jul. 4, 2022>
(4) Upon receipt of a report on business closure referred to in Article 13 (1) of the Enforcement Decree of the Value-Added Tax Act or an integrated report on business closure in accordance with paragraph (3), the head of a Si/Gun/Gu shall without delay forward such documents to the head of the competent tax office (including forwarding via an information and communications network). <Newly Inserted on Jul. 4, 2022>
(5) Where the head of the competent tax office receives a report on the discontinuation of business referred to in paragraph (2) pursuant to Article 13 (5) of the Enforcement Decree of the Value-Added Tax Act and forwards it to the head of the competent Si/Gun/Gu, the report on the discontinuation of business under paragraph (2) shall be deemed submitted. <Newly Inserted on Jul. 4, 2022>
(6) A fertilizer importer who intends to file a report on the suspension of fertilizer import business pursuant to Article 12 (3) of the Act shall submit a report prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the head of a Si/Gun/Gu along with a certificate of report. <Newly Inserted on Aug. 10, 2021; Jul. 4, 2022>
[This Article Newly Inserted on Aug. 27, 2008]
[Title Amended on Aug. 10, 2021]
 Article 15 (Methods of Quality Inspection)
The Minister of Agriculture, Food and Rural Affairs shall determine and publicly notify methods of quality inspection and standards for collection of testing samples under Articles 18 and 24 of the Act. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jan. 6, 2012]
 Article 16 (Types of Violations Subject to Imposition of Penalty Surcharges and Amount Thereof)
Standards for imposition of penalty surcharges by types and degrees of violations which are subject to imposition of penalty surcharges pursuant to Article 21 (2) of the Act are as shown in attached Table 3.
[This Article Wholly Amended on Jan. 6, 2012]
 Article 17 (Imposition and Payment of Penalty Surcharges)
(1) When the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 21 of the Act, he or she shall give written notice thereof (including notification by electronic means, when a person subject to imposition of a penalty surcharge desires), clarifying the type of the relevant violation, amount of the relevant penalty surcharge, etc.
(2) A person shall pay a penalty surcharge to a receiving institution the head of a Si/Gun/Gu designates, within 60 days from receipt of a notice pursuant to paragraph (1): Provided, That when it is impractical to pay the penalty surcharge within the said period due to natural disasters or other extenuating circumstances, he or she shall pay it within seven days from the date on which such circumstance ceases to exist.
(3) A receiving institution which receives a penalty surcharge pursuant to paragraph (2) shall issue a receipt to a person who paid the penalty surcharge.
(4) A penalty surcharge-receiving institution shall, upon receipt of a penalty surcharge pursuant to paragraph (2), give notice thereof, without delay, to the head of a Si/Gun/Gu.
(5) Deleted. <Sep. 24, 2021>
[This Article Wholly Amended on Jan. 6, 2012]
 Article 18 Deleted. <Dec. 31, 1997>
 Article 19 (Delegation of Authority)
(1) Deleted. <Jun. 30, 1999>
(2) The Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to the Administrator of the Rural Development Administration pursuant to Article 26 of the Act: <Amended on Jan. 6, 2012; Mar. 23, 2013; Aug. 10, 2021; Jul. 4, 2022>
1. Establishment, revision and abolition of official standards and the public notice thereof under Article 4 of the Act;
2. Designation, designation for change, and re-designation of testing and research institutes under Article 4-2 (1), (2) and (4) of the Act;
3. Cancellation of designation and issuance of order for suspension of business of testing and research institutes under Article 4-3 (1) of the Act;
4. Deleted; <Aug. 10, 2021>
5. Hearings on the cancellation of designation and issuance of order for suspension of business of testing and research institutes under Article 22 (1) of the Act;
6. Deleted; <Aug. 10, 2021>
7. Imposition and collection of administrative fines under Article 30 of the Act (limited to the imposition and collection of administrative fines under subparagraphs 1 and 2 of Article 30 of the Act, which are necessary to conduct affairs delegated pursuant to subparagraphs 2 and 3);
8. Designation and public notice of exemplary fertilizers, and establishment and public notice of the standards for recognizing exemplary fertilizers and the effective date of designation under Article 8 (1) and (2);
8-2. Revocation of the designation of exemplary fertilizers under Article 8 (5);
9. Establishment and public notice of methods of quality inspection and standards for collection of testing samples under Article 15;
10. Public notice of production facilities necessary for the registration of fertilizer production business under subparagraph 2 (a) (ix) and (b) (iv) of attached Table 2.
(3) The Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to the Director General of the National Agricultural Products Quality Management Service pursuant to Article 26 of the Act: <Newly Inserted on Aug. 10, 2021; Jul. 4, 2022>
1. Verifying and inspecting matters concerning the indication of certification and sale of fertilizers under Article 14 (4) of the Act;
1-2. Examining the quality of fertilizers under Article 18 (2) of the Act;
2. Requiring reports made under Article 24 (1) of the Act (limited to cases necessary to handle affairs entrusted under subparagraph 1);
3. Requiring the collection of samples for examination and submission of data and documents under Article 24 (2) of the Act;
4. Imposing and collecting administrative fines under Article 30 of the Act (limited to the imposition and collection of administrative fines under subparagraphs 3 and 4 of Article 30 of the Act, which are necessary to handle affairs delegated pursuant to subparagraphs 2 and 3);
5. Imposing and collecting administrative fines under Article 31 (2) of the Act.
(4) The Director General of the National Agricultural Products Quality Management Service may re-delegate part of his or her authority delegated pursuant to paragraph (3) to the head of an affiliated agency after obtaining approval from the Minister of Agriculture, Food and Rural Affairs. In such cases, the Director General of the National Agricultural Products Quality Management Service shall publicly notify the details of the authority re-delegated. <Newly Inserted on Aug. 10, 2021>
[Title Amended on Jan. 6, 2012]
 Article 19-2 (Processing of Personally Identifiable Information)
The head of a Si/Gun/Gu (including a person to whom his or her authority is delegated or entrusted if the relevant authority is delegated or entrusted) may process data including resident registration numbers under subparagraph 1 of Article 19 the Enforcement Decree of the Personal Information Protection Act, if inevitable to perform the following affairs: <Amended on Aug. 10, 2021; Jul. 4, 2022>
1. Registration of fertilizer production business under Article 11 (1) of the Act;
2. Reports on fertilizer import business under Article 12 (1) of the Act;
3. Reports on succession to the status of a fertilizer producer or fertilizer importer under Article 13 (2) of the Act;
4. Reports, and reports on modifications under Article 19-2 (5) of the Act.
[This Article Newly Inserted on Mar. 27, 2017]
[Previous Article 19-2 moved to Article 19-3 <Mar. 27, 2017>]
 Article 19-3 Deleted. <Mar. 3, 2020>
 Article 20 (Criteria for Imposition of Administrative Fines)
Criteria for imposition of administrative fines under Articles 30 and 31 of the Act shall be as specified in attached Table 4.
[This Article Wholly Amended on Aug. 27, 2008]
ADDENDUM <Presidential Decree No. 15177, Dec. 5, 1996>
This Decree shall enter into force on January 1, 1997.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 15853, Aug. 1, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 1, 1998.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16443, Jun. 30, 1999>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1999.
(2) (Transitional Measures concerning Members of Council) The members of the Council in active service at the time this Decree enters into force shall be deemed to have been appointed or commissioned by the Administrator of the Rural Development Administration.
ADDENDA <Presidential Decree No. 16757, Mar. 24, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2000. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 18014, Jun. 25, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Administrative Fines) The former provisions shall govern the application of administrative fines to the acts committed prior to the enforcement of this Decree.
ADDENDA <Presidential Decree No. 18413, Jun. 5, 2004>
(1) (Enforcement Date) This Decree shall enter into force on June 12, 2004.
(2) (Applicability to Criteria for Harmfulness of Heavy Metals) The amended provisions of subparagraph 1 of attached Table 1 shall apply to the portion of first imports after this Decree enters into force.
(3) (Applicability to Criteria for Registration of Fertilizer Production Business) The amended provisions of subparagraph 2 of attached Table 2 shall apply to the portion of the first application for registration after this Decree enters into force.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDUM <Presidential Decree No. 20981, Aug. 27, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation
ADDENDA <Presidential Decree No. 22735, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Surcharges)
(1) Notwithstanding the amended provisions of attached Table 3, the previous provisions shall govern the application of criteria for the imposition of penalty surcharges against the offensive acts committed before this Decree enters into force.
(2) No disposition of penalty surcharge that is issued due to an offensive act committed before this Decree enters into force shall be included in the offensive acts in the amended provisions of subparagraph 1 (d) (i) and (ii) of attached Table 3.
Article 3 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of attached Table 4, the previous provisions shall govern the application of criteria for the imposition of administrative fines against the offensive acts committed before this Decree enters into force.
(2) No disposition of penalty charge that is issued due to an offensive act committed before this Decree enters into force shall be included in the calculation of the number of times of committing offensive acts in the amended provisions of attached Table 4.
ADDENDUM <Presidential Decree No. 23494, Jan. 6, 2012>
This Decree shall enter into force on January 15, 2012.
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.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
Article 7 (Transitional Measure concerning Amendment of Enforcement Decree of Fertilizer Control Act)
In applying the standards to impose administrative fines for a violation committed before this Decree enters into force, the former provisions shall apply notwithstanding the amended provisions of subparagraph 2 (a) and (b) of attached Table 4.
Articles 8 through 16 Omitted.
ADDENDUM <Presidential Decree No. 25919, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
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. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
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. 29907, Jun. 25, 2019>
This Decree shall enter into force on July 1, 2019.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31939, Aug. 10, 2021>
This Decree shall enter into force on August 12, 2021.
ADDENDA <Presidential Decree No. 32014, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32757, Jul. 4, 2022>
This Decree shall enter into force on July 5, 2022.