CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to seek ways to increase the income of fishermen and contribute to the stable production and supply of diverse and safe fishery products through vitalizing the aquaculture of aquatic organisms, expanding fishery product production infrastructure and preparing a medical system to treat the diseases of aquatic organisms.
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows: <Amended by Act No. 8852, Feb. 29, 2008>
| 1. |
The term "fish-farming" means enhancement of fishery resources, management of facilities for enhancement of fishery resources and fishery resources, and aquaculture of aquatic organisms; |
| 2. |
The term "enhancement of fishery resources" means artificially making fishery resources affluent by installing reefs, seaweed forests and other facilities to facilitate the breeding of aquatic organisms, releasing the seeds of aquatic organisms, etc. in a specific water zone; |
| 3. |
The term "marine ranch" means a specific water zone, etc. where overall facilities for enhancement of fishery resources are installed and fishery resources are artificially bred for capture and collection; |
| 4. |
The term "aquatic organism" means aquatic animals and plans, and the spawns or spores thereof that are the subjects of fish-farming industries; |
| 5. |
The term "aquatic animal disease inspector" means a person who conducts the duty to diagnose and treat aquatic organisms (including examination of carcasses; hereinafter the same shall apply) or the duty to prevent the diseases of aquatic organisms, obtaining a license from the Minister of Food, Agriculture, Forestry and Fisheries pursuant to Article 14; |
| 6. |
The term "aquatic life medicine service" means business to treat aquatic organisms or prevent the diseases of aquatic organisms. |
CHAPTER II NURTURING OF FISH-FARMING
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| Article 3 (Fish-Farming Deliberation Council) |
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| (1) |
A Fish-Farming Deliberation Council (hereinafter referred to as the "Deliberation Council") shall be established in the Ministry for Food, Agriculture, Forestry and Fisheries to deliberate on important matters on the nurturing and development of fish-farming. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The Deliberation Council shall deliberate on the matters in each of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. |
Matters concerning the formulation of a master plan for the development of fish-farming; |
| 2. |
Matters concerning the designation of fish-farming development zones that the Minister of Food, Agriculture, Forestry and Fisheries intends to designate pursuant to Article 7; |
| 3. |
Matters concerning projects for the nurturing of fish-farming; |
| 4. |
Other matters concerning the development of fish-farming, which are submitted by the Minister of Food, Agriculture, Forestry and Fisheries or the chairperson. |
| (3) |
The Vice Minister of Food, Agriculture, Forestry and Fisheries shall become the chairperson of the Deliberation Council and may, if necessary, have a public official under his/her control act on his/her behalf. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) |
The Deliberation Council shall be comprised of not more than 15 members including one chairperson, on condition that the members be appointed or commissioned by the Minister of Food, Agriculture, Forestry and Fisheries from among those who fall under any of the following subparagraphs: <Amended by Act No. 7796, Dec. 29, 2005; Act No. 8298, Jan. 26, 2007; Act No. 8852, Feb. 29, 2008> |
| 1. |
One director in charge of fish-farming affairs from among the public officials in general service belonging to the Senior Civil Service of the Ministry for Food, Agriculture, Forestry and Fisheries; |
| 3. |
Five persons with abundant knowledge and experience in the aquaculture industry; |
| 4. |
Three directors in charge of fish-farming affairs from among Grade II or III public officials belonging to Cities/Dos; |
| 5. |
Four local fishermen recommended by Mayors/Do Governors. |
| (5) |
Necessary matters concerning the operation, etc. of the Deliberation Council shall be determined by Presidential Decree. |
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| Article 4 (Master Plan for Development of Fish-Farming) |
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| (1) |
The Minister of Food, Agriculture, Forestry and Fisheries shall formulate a master plan for the development of fish-farming (hereinafter referred to as "master plan") every five years for the nurturing and development of fish-farming. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The master plan shall include the matters in each of the following subparagraphs: |
| 1. |
Basic directions of measures for fish-farming; |
| 2. |
Matters concerning the development of fishing grounds for the aquaculture of aquatic organisms; |
| 3. |
Matters concerning the development and dissemination of technologies for the aquaculture of aquatic organisms; |
| 4. |
Matters concerning enhancement of fishery resources; |
| 5. |
Matters concerning the environmental improvement of fishing grounds; |
| 6. |
Other matters concerning the nurturing and development of fish-farming. |
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| Article 5 (Action Plan for Development of Fish-Farming) |
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| (1) |
The Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate an action plan for the development of fish-farming (hereinafter referred to as "action plan") suited to regional circumstances each year in accordance with the master plan. |
| (2) |
Every action plan shall include the matters in each of the following subparagraphs: |
| 1. |
Matters concerning the expansion of fishing grounds for the aquaculture of aquatic organisms and increase of production; |
| 2. |
Matters concerning the dissemination and guidance of technologies for the aquaculture of aquatic organisms; |
| 3. |
Matters concerning the designation and management of waters for fishery resources management; |
| 4. |
Matters concerning the designation of fish-farming development zones; |
| 5. |
Matters concerning the purification, maintenance and improvement of fishing grounds for the aquaculture of aquatic organisms; |
| 6. |
Other matters that Mayors/Do Governors deem necessary for the nurturing and development of fish-farming. |
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| Article 6 (Financial Support, etc.) |
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The Minister of Food, Agriculture, Forestry and Fisheries may provide subsidies or provide loans for funds or expenses necessary for fish-farming industries, such as enhancement of fishery resources, or the development and expansion of fishing grounds for aquaculture, as prescribed by Presidential Decree, to nurture fish-farming. <Amended by Act No. 8852, Feb. 29, 2008>
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| Article 7 (Fish-Farming Development Zones) |
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| (1) |
Every administrative office (referring to the Minister of Food, Agriculture, Forestry and Fisheries, Mayors/Do Governors, or the heads of Sis/Guns/Gus; hereinafter the same shall apply) may designate a specific water zone or area deemed suitable for the nurturing of fish-farming industries, as a fish-farming development zone. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
Every administrative office may preferentially provide funds necessary for projects performed in fish-farming development zones designated pursuant to paragraph (1) to facilitate the development of such zones. |
| (3) |
Every administrative office shall, when it designates a fish-farming development zone pursuant to paragraph (1) or cancels such designation, publish such fact. |
| (4) |
Necessary matters concerning the subjects of, method of, procedure for, etc. the designation of fish-farming development zones under paragraph (1) shall be determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 8 (Support for Technical Development for Fish-Farming, etc.) |
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| (1) |
The Minister of Food, Agriculture, Forestry and Fisheries may support those who intend to conduct business falling under any of the following subparagraphs for the development and dissemination of fish-farming-related technologies: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. |
Business for the development and dissemination of fish-farming-related technologies; |
| 2. |
Business to introduce new fish-farming-related technologies from abroad; |
| 3. |
Industrialization of fish-farming-related technologies developed; |
| 4. |
Any other business necessary for the development and dissemination of fish-farming-related technologies. |
| (2) |
Necessary matters concerning technologies for which persons who intend to conduct business falling under any of the subparagraphs of paragraph (1) are supported, method of, and procedure for support, etc. shall be determined by Presidential Decree. |
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| Article 9 (Projects for Enhancement of Fishery Resources) |
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| (1) |
Every administrative office shall carry out the projects in each of the following subparagraphs for enhancement of fishery resources: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. |
Projects for artificial reef installation; |
| 2. |
Projects for marine ranch installation; |
| 3. |
Projects for seaweed forest installation; |
| 4. |
Projects to produce and release the seeds of aquatic organisms; |
| 5. |
Other projects necessary for enhancement of fishery resources, which are determined by the Minister of Food, Agriculture, Forestry and Fisheries. |
| (2) |
Necessary matters concerning the method to promote the projects in each subparagraph of paragraph (1), criteria and procedure for installation, etc. shall be determined by the Minister of Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 10 (Designation of Waters for Fishery Resources Management, etc.) |
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| (1) |
Every Mayor/Do Governor shall designate waters where artificial reef or marine ranch facilities have been or are expected to be installed as waters for fishery resources management for the efficient management and utilization of fishery resources. |
| (2) |
Every Mayor/Do Governor shall manage waters for fishery resources management designated pursuant to paragraph (1) (hereinafter referred to as "management waters") within the scope of the purposes of such designation, prescribing regulations for the management and utilization thereof and may have fishermen, etc. use them. |
| (3) |
Every Mayor/Do Governor shall, when he/she designates the management waters under paragraph (1) and prescribes the management and utilization regulations under paragraph (2), obtain approval of the Minister of Food, Agriculture, Forestry and Fisheries. In cases of designating management waters, he/she shall consult with the heads of the relevant central administrative organs prior to obtaining approval of the Minister of Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) |
Every Mayor/Do Governor may, when he/she deems it unnecessary to preserve management waters, cancel the designation of management waters under the approval of the Minister of Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008> |
| (5) |
Every Mayor/Do Governor shall, when he/she designates management waters or cancels such designation pursuant to paragraphs (1) and (4), publish such fact immediately. |
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| Article 11 (Restrictions on Activities in Management Waters) |
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| (1) |
Any person that intends to conduct an activity falling under any of the following subparagraphs in management waters shall obtain approval of Mayors/Do Governors: Provided, That in cases where any person who intends to conduct an activity falling under any of the following subparagraphs is the head of an administrative organ, he/she shall consult with Mayors/Do Governors in advance: |
| 3. |
New construction, expansion or reconstruction of structures; |
| 4. |
Extraction of earth, rock, sand, or gravel; |
| 5. |
Other activities recognized to harm the efficient management and utilization of fishery resources and determined by Presidential Decree. |
| (2) |
No aquatic animal and plant shall be captured or collected in management waters: Provided, That the same shall not apply to cases where Mayors/Do Governors allow such use pursuant to Article 10 (2). |
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| Article 12 (Fishery Resources Enhancement Charges, etc.) |
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| (1) |
Every administrative office may impose and collect fishery resources enhancement charges (hereinafter referred to as "enhancement charge") on and from any person of the following subparagraphs to secure financial resources to be invested in projects for enhancement of fishery resources: <Amended by Act No. 8298, Jan. 26, 2007; Act No. 8377, Apr. 11, 2007> |
| (2) |
The enhancement charge shall be exempted for those who fall under any of the following subparagraphs: <Amended by Act No. 8298, Jan. 26, 2007; Act No. 8377, Apr. 11, 2007> |
| 2. |
The State, a local government or government-invested institution which has a public waters reclamation license; |
| 4. |
A person who has completed a fishery business report pursuant to Article 46 of the Fisheries Act and reported fishery business determined by Presidential Decree, such as the capture and collection of aquatic animals and plants in small quantities; |
| 5. |
Any other person who has a license or permit for each fishery business type below a specific area or number of fishing vessel tonnages, as prescribed by Presidential Decree. |
| (3) |
Every administrative office shall, when it deems that a person who has obtained a public waters reclamation license under paragraph (1) 6 to become subject to the imposition and collection of enhancement charges spent separate expenses for enhancement of fishery resources, deduct such expenses from the enhancement charges to be imposed on such person. |
| (4) |
When imposing an enhancement charge pursuant to paragraph (1) 1 through 4 and 6, the area and the number of fishing vessel tonnages concerned therewith shall be taken into account, and when imposing an enhancement charge pursuant to subparagraph 5 of the same paragraph, the impact of the violations in each subparagraph of Article 77 (1) of the Fisheries Act on the protection of fishery resources, number of violations, etc. shall be taken into account. In such cases, the criteria for the imposition of enhancement charges shall be determined by Presidential Decree. <Amended by Act No. 8298, Jan. 26, 2007; Act No. 8377, Apr. 11, 2007> |
| (5) |
Every administrative office may reduce the amount of an enhancement charge within the scope of 50/100 for those determined by Presidential Decree, such as fishermen who sustain a natural disaster. |
| (6) |
Necessary matters concerning the collection, method of payment, etc. of enhancement charges shall be determined by Presidential Decree. |
| (7) |
Every administrative office shall, when a person responsible for paying an enhancement charge pursuant to paragraph (1) fails to pay it within the deadline for payment, collect the enhancement charge concerned in accordance with the precedents of dispositions on national taxes or local taxes in arrears. |
| (8) |
The enhancement charges shall be used for the purposes of the projects referred to in each subparagraph of Article 9 (1). |
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| Article 13 (Entrustment of Projects for Enhancement of Fishery Resources, etc.) |
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| (1) |
Every administrative office may, for the efficient promotion of projects for enhancement of fishery resources, have institutions, organizations or associations designated by the Minister of Food, Agriculture, Forestry and Fisheries vicariously conduct or be entrusted with projects determined by Presidential Decree, such as projects for artificial reef installation from among the projects for enhancement of fishery resources or duties concerning the management of facilities and equipment installed in accordance with the projects for enhancement of fishery resources. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
Every administrative office may, when it has a project for enhancement of fishery resources or a duty concerning the management of facilities and equipment vicariously conducted or entrusted pursuant to paragraph (1), fully or partially provide project costs or expenses concerned. |
| (3) |
Necessary matters concerning the vicarious conduct or entrustment of projects for enhancement of fishery resources under paragraph (1) and necessary matters concerning the designation of institutions, organizations or associations to vicariously conduct or be entrusted with such projects, etc. shall be determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008> |
CHAPTER III MEDICAL TREATMENT OF AQUATIC ORGANISMS
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| Article 14 (License) |
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Any person that intends to become an aquatic animal disease inspector (hereinafter referred to as "inspector") shall pass the national examination for inspectors under Article 17 and obtain a license from the Minister of Food, Agriculture, Forestry and Fisheries, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008>
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| Article 15 (Disqualification) |
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No person falling under any of the following subparagraphs shall become an inspector: <Amended by Act No. 8298, Jan. 26, 2007; Act No. 8852, Feb. 29, 2008>
| 2. |
An incompetent or quasi-incompetent; |
| 3. |
An addict to narcotics, hemp or other psychotropic drugs who the Minister of Food, Agriculture, Forestry and Fisheries deems unsuitable to conduct the duties of the inspector; |
| 5. |
A person for whom two years have not passed since his/her license was cancelled, falling under Article 28 (1) 2 through 4. |
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| Article 16 (Certificate of License, etc.) |
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| (1) |
The Minister of Food, Agriculture, Forestry and Fisheries shall, when he/she grants a license pursuant to Article 14, enter matters concerning the license in a license register and issue a certificate of license. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
No certificate of license under paragraph (1) shall be lent to another person. |
| (3) |
Necessary matters concerning entering matters in a license register and delivery of certificate of license shall be determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 17 (National Examination for Aquatic Animal Disease Inspector's License) |
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| (1) |
The national examination for inspector's license shall be conducted by the Minister of Food, Agriculture, Forestry and Fisheries each year. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The national examination for inspector's license shall test knowledge of aquatic life medicine necessary for the diagnosis and treatment of aquatic organisms and knowledge and skills in the aquaculture of aquatic organisms necessary to become an inspector. |
| (3) |
The Minister of Food, Agriculture, Forestry and Fisheries may have a relevant specialized institution recognized to have examination management capabilities manage the national examination for inspector's license under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) |
Other necessary matters concerning the conduct of the national examination for inspector's license shall be determined by Presidential Decree. |
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| Article 18 (Qualifications to Apply for National Examination for Inspector's License) |
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Any person that does not fall under any subparagraph of Article 15 and graduated from an aquatic organism disease-related department (referring to the departments of the universities determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries through consultations between the Minister of Food, Agriculture, Forestry and Fisheries and relevant central administrative organs, such as the department of aquatic life medicine) of a university (including foreign universities recognized by the Minister of Education, Science and Technology) with a bachelor's degree shall be qualified to apply for the national examination for inspector's license. <Amended by Act No. 8852, Feb. 29, 2008>
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| Article 19 (Misconduct of Examinees) |
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| (1) |
With respect to applicants for the national examination for inspector's license under Article 17 by unjust methods or persons who engage in misconduct in such examination, the examination concerned shall be suspended or pass in the examination concerned shall be nullified. |
| (2) |
No person for whom the examination is suspended or whose pass in the examination is nullified pursuant to paragraph (1) shall apply for two national examinations for inspector's license conducted consecutively thereafter. |
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| Article 20 (Prohibition of Unlicensed Medical Treatment) |
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No person who is not an inspector shall provide medical treatment to aquatic organisms: Provided, That the same shall not apply to medical treatment falling under any of the following subparagraphs: <Amended by Act No. 8298, Jan. 26, 2007>
| 1. |
Where a person who has a veterinarian's license pursuant to Article 4 of the Veterinarians Act practices medical treatment of fish and shellfish pursuant to the provisions of the same Act; |
| 2. |
Where non-profit medical treatment determined by Presidential Decree is practiced. |
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| Article 21 (Prohibition of Refusal of Medical Treatment) |
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No inspector practicing aquatic life medicine services shall, when requested to treat an aquatic organism, refuse it without any justifiable reason.
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| Article 22 (Written Diagnosis, etc.) |
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| (1) |
No inspector shall deliver a written diagnosis (including a written examination of carcass; hereinafter the same shall apply) or certificate, and prescribe or medicate violent toxins, deadly poison, or biological agents, unless he/she himself/herself provides medical treatment: Provided, That in cases of death falling under unavoidable circumstances determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, a certificate of death may be delivered by an inspector who did not provide medical treatment. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
No inspector shall refuse the issuance of written diagnoses or certificates on the aquatic organisms that he/she provided medical treatment without any justifiable reason. |
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| Article 23 (Medical Treatment Register and Carcass Examination Register) |
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Every inspector shall keep a medical treatment register and carcass examination register and enter matters concerning medical treatments therein and preserve them for one year.
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| Article 24 (Establishment of Aquatic Animal Disease Inspection Institute) |
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| (1) |
No person shall practice aquatic life medicine services without establishing an aquatic animal disease inspection institute. |
| (2) |
Any person that falls under any of the following subparagraphs may establish an aquatic animal disease inspection institute: <Amended by Act No. 8298, Jan. 26, 2007> |
| 1. |
An inspector (excluding those who was declared bankrupt and has not yet been reinstated); |
| 2. |
The State or a local government; |
| 3. |
A corporation established for the purpose to practice aquatic life medicine services; |
| 5. |
A non-profit corporation established under the Civil Act or any other special Act. |
| (3) |
Any person that intends to establish an aquatic animal disease inspection institute shall make a report to the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) with facilities meeting the criteria determined by Presidential Decree, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. The same shall apply to cases where it is intended to change reported matters. <Amended by Act No. 8298, Jan. 26, 2007; Act No. 8852, Feb. 29, 2008> |
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| Article 25 (Matters to be Observed by Establishers, etc.) |
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| (1) |
In cases where an inspector has established an aquatic animal disease inspection institute pursuant to Article 24 (2) 1, if the establisher is temporarily unable to manage the aquatic animal disease inspection institute due to unavoidable circumstances, such as becoming ill, he/she shall designate a person to manage such institute among the inspectors working for such institute. |
| (2) |
Every aquatic animal disease inspection institute establisher and every manager designated pursuant to paragraph (1) shall observe matters determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries when managing the aquatic animal disease inspection institute. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 26 (Report on Suspension or Closure of Business) |
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Every aquatic animal disease inspection institute establisher shall, when he/she suspends or quits the practice of aquatic life medicine services, report it to the head of the competent Si/Gun/Gu immediately: Provided, That the same shall not apply to cases of suspending a business for not longer than 30 days. <Amended by Act No. 8298, Jan. 26, 2007>
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| Article 27 (Public Aquatic Animal Disease Inspectors) |
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| (1) |
The Minister of Food, Agriculture, Forestry and Fisheries or every Mayor/Do Governor may commission the duties in each of the following subparagraphs to those who have established an aquatic animal disease inspection institute or to inspectors working for an aquatic animal disease inspection institute or to veterinarians who has established a veterinary hospital under the Veterinarians Act or to veterinarians working for a veterinary hospital in order to seek the proper operation of the aquatic life medicine system: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. |
Medical treatment of aquatic organisms; |
| 2. |
Research and surveys on diseases of aquatic organisms; |
| 3. |
Prevention and treatment of contagious diseases of aquatic organisms; |
| 4. |
Promotion of health of aquatic organisms and management of environmental hygiene; |
| 5. |
Other matters that the Minister of Food, Agriculture, Forestry and Fisheries or Mayors/Do Governors deem necessary for medical treatment of aquatic animals. |
| (2) |
Every inspector or veterinarian commissioned the duties in each subparagraph of paragraph (1) pursuant to the same paragraph (hereinafter referred to as "public inspector") shall conduct the commissioned duties under the direction and supervision of the Minister of Food, Agriculture, Forestry and Fisheries or Mayors/Do Governors. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
Matters necessary for commissioning public inspectors pursuant to paragraph (1) and conducting the duties of public inspectors pursuant to paragraph (2) shall be determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 28 (Cancellation of License and Suspension of License) |
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| (1) |
The Minister of Food, Agriculture, Forestry and Fisheries may, when an inspector falls under any of the following subparagraphs, suspend such inspector's license, fixing a period not longer than one year or cancel such inspector's license: Provided, That in cases falling under subparagraph 1, such person's license shall be cancelled: <Amended by Act No. 8298, Jan. 26, 2007; 8852, Feb. 29, 2008> |
| 1. |
Where the inspector falls under any subparagraph of Article 15; |
| 2. |
Where the inspector lends his/her license to another person in violation of Article 16 (2); |
| 3. |
Where the inspector treats aquatic organisms during the suspension of his/her license; |
| 4. |
Where the inspector is subject to a disposition on suspension of license not less than three times during a period determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (2) |
The Minister of Food, Agriculture, Forestry and Fisheries may, when an inspector falls under any of the following subparagraphs, suspend such inspector's license for a fixed period within one year or less: <Newly Inserted by Act No. 8298, Jan. 26, 2007; 8852, Feb. 29, 2008> |
| 1. |
Where the inspector refuses to practice medical services in violation of Article 21; |
| 2. |
Where the inspector delivers a written diagnosis or certificate, or prescribes or medicates violent toxins, deadly poison, or biological agents in violation of Article 22 (1); |
| 3. |
Where the inspector refuses to issue a written diagnosis or certificate in violation of Article 22 (2); |
| 4. |
Where the inspector practices aquatic life medicine services without establishing an aquatic animal disease inspection institute in violation of Article 24 (1); |
| 5. |
Where the inspector violates any matter to be observed under Article 25 (2); |
| 6. |
Where the inspector refuses any order under Article 31 without any justifiable reason; |
| 7. |
Where the inspector delivers a written diagnosis or certificate by false or other unjust methods; |
| 8. |
Where the inspector claims for medical treatment fees by unjust methods, such as forging or falsifying relevant documents; |
| 9. |
Where the inspector practices medical services unrecognized in the area of aquatic life medicine; |
| 10. |
Where the inspector falsely declares the fact of obtaining an academic degree. |
| (3) |
With respect to matters requiring a decision on medical technology, the Minister of Food, Agriculture, Forestry and Fisheries shall, when he/she gives an administrative disposition pursuant to paragraph (2) 9, consider the opinions of relevant experts in advance. <Newly Inserted by Act No. 8298, Jan. 26, 2007; 8852, Feb. 29, 2008> |
| (4) |
The Minister of Food, Agriculture, Forestry and Fisheries may, when a person has passed two years since his/her license was cancelled pursuant to paragraph (1), grant the license to such person: Provided, That in cases where a license is cancelled for the reason under paragraph (1) 1, the license may be granted when the reason for the cancellation thereof ceases to exist. <Amended by Act No. 8298, Jan. 26, 2007; 8852, Feb. 29, 2008> |
| (5) |
Detailed criteria for the administrative dispositions under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 8298, Jan. 26, 2007; Act No. 8852, Feb. 29, 2008> |
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| Article 29 (Suspension of Business) |
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The head of each Si/Gun/Gu may, when an aquatic animal disease inspection institute falls under any of the following subparagraphs, order the suspension of the business thereof, fixing a period of not longer than one year, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: <Amended by Act No. 8852, Feb. 29, 2008>
| 1. |
Where the aquatic animal disease inspection institute fails to keep or enter records in or preserve medical treatment registers and carcass examination registers, in violation of Article 23; |
| 2. |
Where the aquatic animal disease inspection institute fails to meet the criteria for facilities prescribed in the former part of Article 24 (3); |
| 3. |
Where the aquatic animal disease inspection institute fails to make an alteration report prescribed in the latter part of Article 24 (3); |
| 4. |
Where the aquatic animal disease inspection institute is managed, in violation of Article 25 (1); |
| 5. |
Where the aquatic animal disease inspection institute suspends its business for 30 days or more without making a report on the suspension of business or a report on the closure of business, in violation of Article 26; |
| 6. |
Where the aquatic animal disease inspection institute fails to commence its business within three months from the date on which its establishment is reported, without any justifiable reason; |
| 7. |
Where the aquatic animal disease inspection institute has practiced unlicensed medical services. |
[The Article Wholly Amended by Act No. 8298, Jan. 26, 2007]
CHAPTER IV SUPPLEMENTARY PROVISIONS
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| Article 30 (Basic Survey) |
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| (1) |
The Minister of Food, Agriculture, Forestry and Fisheries or the head of each Si/Gun/Gu may conduct a basic survey necessary for the formulation of master plans or action plans and designation of management waters. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The Minister of Food, Agriculture, Forestry and Fisheries or the head of each Si/Gun/Gu may, when necessary to conduct a basic survey referred to in paragraph (1), have public officials under his/her control enter and inspect another person's land, fishing grounds, etc. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
Any public official that enters another person's land, fishing grounds, etc. pursuant to paragraph (2) shall carry along a certificate that shows his/her authority and present it to relevant persons. |
| (4) |
The details, method, etc. of a basic survey under paragraph (1) shall be determined by Presidential Decree. |
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| Article 31 (Directions and Orders) |
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The Minister of Food, Agriculture, Forestry and Fisheries or the head of each Si/Gun/Gu may, when he/she deems necessary for measures for the medical treatment of aquatic organisms or he/she deems that significant harm to public health is or is likely to be caused, issue necessary directions and orders to inspectors or aquatic animal disease inspection institutes, as prescribed by Presidential Decree. <Amended by Act No. 8298, Jan. 26, 2007; Act No. 8852, Feb. 29, 2008>
law view
| Article 32 (Report and Business Supervision) |
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| (1) |
The Minister of Food, Agriculture, Forestry and Fisheries or the head of each Si/Gun/Gu may have inspectors or aquatic animal disease inspection institutes make a report on the medical treatment of aquatic organisms or have public officials under his/her control inspect operating conditions, facilities, medical treatment registers or carcass examination registers concerning the medical treatment of aquatic organisms. <Amended by Act No. 8298, Jan. 26, 2007; Act No. 8852, Feb. 29, 2008> |
| (2) |
Any public official that conducts an inspection pursuant to paragraph (1) shall carry along a certificate that shows his/her authority and present it to relevant persons. |
law view
| Article 33 (Hearings) |
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The Minister of Food, Agriculture, Forestry and Fisheries shall, when he/she intends to cancel an inspector's license pursuant to Article 28 (1), hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008>
law view
| Article 34 (Delegation of Authority) |
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Part of the authority of the Minister of Food, Agriculture, Forestry and Fisheries under this Act may be delegated to Mayors/Do Governors, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER V PENAL PROVISIONS
law view
| Article 35 (Penal Provisions) |
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| (1) |
Any person that falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than two years or by a find not exceeding ten million won: |
| 1. |
Any person who lends an inspector's license to another person, in violation of Article 16 (2); |
| 2. |
A person who provides medical treatment to aquatic organisms, in violation of Article 20. |
| (2) |
Any person that falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a find not exceeding five million won: |
| 1. |
Any person who conduct an activity falling under any subparagraph of Article 11 (1), in violation of the main text of Article 11 (1); |
| 2. |
Any person who captures or collects aquatic animals and plants, in violation of the main sentence of Article 11 (2). |
law view
| Article 36 (Fines for Negligence) |
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| (1) |
Any person that falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won: |
| 1. |
Any person who practices aquatic life medicine services without establishing an aquatic animal disease inspection institute, in violation of Article 24 (1); |
| 2. |
Any person who practices aquatic life medicine services without making a report on the establishment of an aquatic animal disease inspection institute, in violation of the former part of Article 24 (3); |
| (2) |
Any person that falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won: |
| 1. |
Any person who refuses the medical treatment of aquatic organisms without any justifiable reason, in violation of Article 21; |
| 2. |
Any person who delivers a written diagnosis or certificate, or prescribes or medicates violent toxins, deadly poison or biological agents without providing medical treatment, in violation of Article 22 (1); |
| 3. |
Any person who fails to keep and preserve medical treatment registers or carcass examination registers or fails to record matters concerning medical treatment, in violation of Article 23; |
| 4. |
Any person who has an aquatic animal disease inspection institute managed, in violation of Article 25 (1); |
| 5. |
Any person who fails to make a report on the suspension of business or closure of business of an aquatic animal disease inspection institute, in violation of the main sentence of Article 26. |
| (3) |
Fines for negligence under paragraph (1) or (2) shall be imposed and collected by the heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended by Act No. 8298, Jan. 26, 2007> |
| (4) |
Any person that is dissatisfied with a disposition of the imposition of a fine for negligence under paragraph (3) may raise an objection to the head of the Si/Gun/Gu concerned within 30 days from the date on which he/she receives a notice of such disposition. <Amended by Act No. 8298, Jan. 26, 2007> |
| (5) |
When a person subject to a disposition of the imposition of a fine for negligence under paragraph (3) raises an objection pursuant to paragraph (4), the head of the Si/Gun/Gu concerned shall notify the competent court of such fact immediately and the competent court notified of such fact shall render a judgment on the fine for negligence under the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 8298, Jan. 26, 2007> |
| (6) |
When no objection is raised within the period under paragraph (4) and a fine for negligence is not paid, the fine for negligence may be collected in accordance with the precedents of dispositions on local taxes in arrears. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year and a half after the date of its promulgation: Provided, That the provisions of Articles 14 through 29, 31 through 33, 35 (1) and 36 of this Act and Article 4 (4) and (5) of the Addenda shall enter into force two years after the date of its promulgation.
Article 2 (Applicability to Imposition and Collection of Fishery Resources Enhancement Charges)
The imposition and collection of enhancement charges under Article 12 shall apply, starting from the first person who falls under each subparagraph of paragraph (1) of the same Article after this Act enters into force.
Article 3 (Transitional Measures for Imposition and Collection of Fishery Resources Enhancement Project Charges)
The imposition and collection of fishery resources enhancement project charges imposed or to be imposed pursuant to Article 79-3 of the Fisheries Act at the time this Act enters into force shall be governed by the previous provisions.
Article 4 Omitted.
ADDENDA<Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8298, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 (Applicability to Fishery Resources Enhancement Charges, etc.)
| (1) |
The amended provisions of Article 12 (2) 1 shall apply, starting from the fishery resources enhancement charges imposed after this Act enters into force. |
| (2) |
The fishery resources enhancement charges imposed to the business type fisheries cooperatives under Article 104 of the Fisheries Cooperatives Act at the time this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 12 (2) 1. |
Article 3 (Applicability to Cancellation and Suspension of Aquatic Animal Disease Inspector's License, etc.)
The amended provisions of Article 28 (1) 4, (2) 1 through 5, 7 through 10 and subparagraphs 1, 4 and 5 of Article 29 shall apply, starting from the first offense committed after this Act enters into force.
Article 4 (Transitional Measures for Reports on Establishment, Suspension of Business and Closure of Business of Aquatic Animal Disease Inspection Institutes)
Any report on the establishment, suspension of business and closing of business of aquatic animal disease inspection institutes that is made to a Mayor/Do Governor pursuant to the previous provisons at the time when this Act enters into force shall be deemed to have been made to the head of the competent Si/Gun/Gu under the amended provisions of Articles 24 and 26.
ADDENDA<Act No. 8377, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
