CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to protect the interests of both consumers and producers and to contribute to stability in the life of the people by facilitating the distribution of agricultural and fishery products and by enabling reasonable prices to be maintained.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 2 (Definitions) |
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The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10522, Mar. 31, 2011; Act No. 11349, Feb. 22, 2012; Act No. 11461, Jun. 1, 2012>
| 1. |
The term "agricultural and fishery products" means products prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries among agricultural products, livestock products, fishery products and forest products; |
| 2. |
The term "agricultural and fishery products wholesale market" means a market established at a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si pursuant to Article 17 for wholesale marketing for all or some of product items prescribed by Presidential Decree, such as grains, fruits, flowers, white meat and red meat, fish, shellfish, crustacea, seaweeds, forest products, etc.; |
| 3. |
The term "central wholesale market" means an agricultural and fishery products wholesale market which becomes the wholesale center in the relevant jurisdiction and its neighboring areas among the agricultural and fishery products wholesale markets established at a Special Metropolitan City, Metropolitan City, Special Self-Governing City or Special Self-Governing Province, which is prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries; |
| 4. |
The term "local wholesale market" means an agricultural and fishery products wholesale market other than the central wholesale market; |
| 5. |
The term "agricultural and fishery products joint market" means a place of business which is set up and operated by a local agricultural cooperative, local livestock producers cooperative, cooperative by item or by type of business, joint business corporation of cooperatives, federation of cooperatives by item, forestry cooperative, fisheries cooperative and the national federations thereof (including Agribusiness Group of the National Agricultural Cooperative Federation; hereinafter referred to as "agricultural, forestry or fisheries cooperative, etc"), other producers' organization prescribed by Presidential Decree, and a corporation prescribed by Presidential Decree (hereinafter referred to as "public benefit corporation"), which is deemed necessary for public benefit, with approval by the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-Governing City, the Governor of a Do or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") pursuant to Article 43 in order to wholesale agricultural or fishery products; |
| 6. |
The term "privately-operated agricultural and fishery products wholesale market" means a market set up by a person (hereinafter referred to as "private citizen, etc."), other than the State, a local government and a person who can set up an agricultural and fishery products joint market under subparagraph 5, in a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si with permission from the Mayor/Do Governor pursuant to Article 47 in order to wholesale agricultural or fishery products; |
| 7. |
The term "wholesale market corporation" means a corporation (including a public-invested corporation deemed designated as a wholesale market corporation pursuant to Article 24) which wholesales consigned agricultural or fishery products put on the market, or purchased wholesales agricultural or fishery products after being designated by a person who sets up an agricultural or fishery products wholesale market pursuant to Article 23; |
| 8. |
The term "wholesaler at the market" means a corporation which engages in wholesaling purchased or consigned agricultural or fishery products or in brokering the trade of agricultural or fishery products after being designated by a person who sets up an agricultural and fishery products wholesale market pursuant to Article 36 or a privately-operated agricultural or fishery products wholesale market pursuant to Article 48; |
| 9. |
The term "intermediary wholesaler" means a person who engages in the following business with permission from, or by designation of, a person who sets up an agricultural or fishery products wholesale market pursuant to Article 25, an agricultural or fishery products joint market pursuant to Articles 44 and 46 or a privately-operated agricultural or fishery products wholesale market pursuant to Article 48: |
| (a) |
Business of wholesaling purchased agricultural and fishery products put on an agricultural or fishery products wholesale market, agricultural or fishery products joint market or privately-operated agricultural or fishery products wholesale market or of brokering the trade of agricultural or fishery products; |
| (b) |
Business of wholesaling purchased or consigned agricultural or fishery products not yet put on the market, permitted by a person who sets up an agricultural or fishery products wholesale market, agricultural or fishery products joint market, or privately-operated agricultural or fishery products wholesale market, or of brokering the trade of such agricultural or fishery products; |
| 10. |
The term "trade participant" means a prospective buyer of agricultural or fishery products, such as a processor, retailer, exporter or consumers' organization, other than an intermediary wholesaler, who reports to a person who sets up an agricultural or fishery products wholesale market, agricultural or fishery products joint market, or privately-operated agricultural or fishery products wholesale market pursuant to Article 25-3, and directly purchases agricultural or fishery products put on the agricultural or fishery products wholesale market, agricultural or fishery products joint market or privately-operated agricultural or fishery products wholesale market; |
| 11. |
The term "local distributor" means a person who registers his/her business with a person who sets up an agricultural or fishery products wholesale market pursuant to Article 29, agricultural or fishery products joint market pursuant to Articles 44 and 46 or privately-operated agricultural or fishery wholesale market pursuant to Article 48, and conducts business of collecting agricultural or fishery products to ship such products to the agricultural or fishery products wholesale market, agricultural or fishery products joint market or privately-operated agricultural or fishery products wholesale market; |
| 12. |
The term "comprehensive agricultural and fishery products distribution center" means a place of business equipped with facilities necessary for logistics of agricultural and fishery products, such as the collection, packaging, processing, storage, transportation, sale of agricultural and fishery products and the processing of information thereabout, in order to diversify shipping channels of agricultural and fishery products and to reduce logistics costs and other business facilities related thereto, which is set up by the State or a local government pursuant to Article 69 or set up with the support of the State or a local government; |
| 13. |
The term "certified auctioneer" means a person who is designated by a wholesale market corporation pursuant to Article 27 or by a person who sets up an agricultural or fishery products joint market pursuant to Articles 44 and 46 or by a person who sets up a privately-operated agricultural or fishery products wholesale market pursuant to Article 48, and conducts affairs, such as the assesment of prices of agricultural and fishery products put on the market and selection of a successful bidder; |
| 14. |
The term "electronic commerce of agricultural and fishery products" means trading of agricultural and fishery products by means of electronic commerce under subparagraph 5 of Article 2 of the Framework Act on Electronic Documents and Transactions in order to reduce distribution stages of agricultural and fishery products and to reduce distribution costs. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 3 (Exclusion from Application of other Acts) |
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The provisions of the Distribution Industry Development Act shall not apply to agricultural or fishery products wholesale markets (hereinafter referred to as "wholesale market"), agricultural or fishery products joint markets (hereinafter referred to as "joint market"), privately-operated agricultural or fishery products wholesale markets (hereinafter referred to as "privately-operated wholesale market") and comprehensive agricultural and fishery products distribution centers (hereinafter referred to as "comprehensive distribution center") under this Act.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER II ADJUSTMENT OF PRODUCTION AND SHIPMENT OF AGRICULTURAL AND FISHERY PRODUCTS
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| Article 4 (Designation of Major Producing Areas and Revocation thereof, etc.) |
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| (1) |
When the Mayor/Do Governor deems it necessary to encourage or control the production and shipment of agricultural and fishery products to adjust the supply and demand of such products, he/she may designate producing areas or producing waters of major agricultural and fishery products (hereinafter referred to as "major producing area") and provide necessary support, such as the lending of production money and technical guidance, for those who produce major agricultural and fishery products in the relevant major producing areas. |
| (2) |
Major agricultural and fishery products under paragraph (1) shall be the items designated by the Minister for Food, Agriculture, Forestry and Fisheries, which account for the largest portion in the production of domestic agricultural and fishery products and require the control of production and shipment. |
| (3) |
A major producing area shall be designated by specifying a zone among the areas or waters meeting the following requirements: |
| 1. |
The area of land for cultivating a major agricultural product or the area of waters for aquaculture of a major fishery product shall be equal to or larger than the area announced by the Minister for Food, Agriculture, Forestry and Fisheries; |
| 2. |
The volume of shipment of major agricultural or fishery products shall be equal to or larger than the volume announced by the Minister for Food, Agriculture, Forestry and Fisheries. |
| (4) |
When a major producing area designated pursuant to paragraph (1) ceases to meet the requirements for designation under paragraph (3), the Mayor/Do Governor may revise or revoke such designation. |
| (5) |
Matters necessary for the designation of major producing areas under paragraph (1), the designation of major agricultural and fishery product items under paragraph (2) and the revision and revocation of designation of major producing areas under paragraph (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 5 (Agricultural Outlook Service and Fisheries Outlook Service, etc.) |
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| (1) |
For the stabilization of the supply and demand of agricultural and fishery products, the Minister for Food, Agriculture, Forestry and Fisheries shall provide agricultural outlook service or fisheries outlook service that surveys and analyzes weather information, producing areas, yields, the quantities of inventories, the trends in consumption and overseas market information, etc. every year with respect to major agricultural and fishery products with high price fluctuations, and officially announce the results thereof. |
| (2) |
Notwithstanding agricultural outlook service under paragraph (1), for the stabilization of the supply and demand of major grains, the Minister for Food, Agriculture, Forestry and Fisheries shall separately provide international grain outlook service that surveys or analyzes the yields and the conditions of supply and demand of major grain producing and exporting countries every year through the construction of a regular outlook system on major grains he/she has designated and the development of a grain supply and demand model, and officially announce the result thereof. |
| (3) |
Where the Minister for Food, Agriculture, Forestry and Fisheries deems necessary for efficient agricultural outlook service, fisheries outlook service or international grain outlook service, he/she may entrust local agricultural cooperatives, local livestock producers’ cooperatives, cooperatives by item or by type of business, forestry cooperatives, fisheries cooperatives and other persons prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries with the provision of agricultural outlook service, fisheries outlook service or international grain outlook service by designating items. |
| (4) |
In order to efficiently provide agricultural outlook service or fisheries outlook service under paragraph (1) or international grain outlook service under paragraph (2), the Minister for Food, Agriculture, Forestry and Fisheries may designate a research institute or organization related to agriculture as an institution exclusively responsible for agricultural outlook service (including international grain outlook service) and a research institute or organization related to fisheries as an institution exclusively responsible for fisheries outlook service, and may grant contributions or subsidies within budgetary limits to appropriate expenses incurred in the operation thereof. |
| (5) |
Matters necessary for the designation and operation of an institution exclusively responsible for agricultural outlook service and institution exclusively responsible for fisheries outlook service under paragraph (4) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 6 (Contract Production) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries may encourage agricultural, forestry or fisheries cooperatives, etc. or producers' organizations prescribed by Presidential Decree (hereinafter referred to as "producers' organizations") or prospective buyers and producers of agricultural and fishery products to carry out contract production or contract shipment between them in order to facilitate the supply and demand of major agricultural and fishery products and to maintain reasonable prices. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may provide necessary support, such as the lending of down payments, to producers' organizations or prospective buyers of agricultural and fishery products who enter into a production contract or shipment contract pursuant to paragraph (1) with the funds from the Agricultural and Fishery Product Price Stabilization Fund under Article 54 or the Fisheries Development Fund established pursuant to Article 76 of the Fisheries Act (hereinafter referred to as the "Fisheries Development Fund"). |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 7 Deleted. <by Act No. 11350, Feb. 22, 2012> |
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| Article 8 (Price Discovery) |
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| (1) |
When the Minister for Food, Agriculture, Forestry and Fisheries deems necessary to adjust the supply and demand and to stabilize the prices of major agricultural and fishery products prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, he/she may indicate the lowest price (hereinafter referred to as "forward price") beforehand to protect producers prior to the sowing season of the relevant agricultural product or the stocking time of seeds of fisheries. |
| (2) |
When the Minister for Food, Agriculture, Forestry and Fisheries determines the forward price pursuant to paragraph (1), he/she shall take into account the results of agricultural outlook on the relevant agricultural product, international grain outlook on major grains or fisheries outlook on fishery products, estimated operating costs, expected production by area, expected supply and demand situation, etc. |
| (3) |
When the Minister for Food, Agriculture, Forestry and Fisheries determines the forward price pursuant to paragraph (1), he/she shall consult with the Minister of Strategy and Finance in advance. |
| (4) |
When the Minister for Food, Agriculture, Forestry and Fisheries indicates the forward price pursuant to paragraph (1), he/she shall implement appropriate policies by connecting the continuous provision of agricultural outlook service, international grain outlook service or fisheries outlook service under Article 5, encouragement of contract production or contract shipment under Article 6, purchasing and disposition under Article 9, a distribution agreement and an order to adjust distribution under Article 10 and stockpiling business, etc. under Article 13 in order to support the forward price. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 9 (Protection of Producers in Cases of Overproduction) |
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| (1) |
When the Minister for Food, Agriculture, Forestry and Fisheries deems necessary to stabilize the prices of perishable agricultural or fishery products, such as vegetables, he/she may purchase the relevant agricultural or fishery products from the producers or the producers' organization thereof with the funds from the Agricultural Product Price Stabilization Fund or the Fishery Development Fund under Article 54: Provided, That when he/she deems particularly necessary for the stabilization of the prices, he/she may purchase the relevant agricultural or fishery products at wholesale markets or joint markets. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may sell, export, or donate agricultural or fishery products purchased pursuant to paragraph (1) or make other necessary disposal. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries may entrust affairs concerning purchase programs under paragraph (1) and disposal under paragraph (2) to the National Agricultural Cooperative Federation, the National Forestry Cooperatives Federation, the National Federation of Fisheries Cooperatives (hereinafter referred to as "national federations of agricultural, forestry and fisheries cooperatives") or the Korea Agro-Fisheries and Food Trade Corporation under the Korea Agro-Fisheries and Food Trade Corporation Act (hereinafter referred to as the "Korea Agro-Fisheries and Food Trade Corporation"). <Amended by Act No. 10932, Jul. 25, 2011> |
| (4) |
Matters necessary for purchase, disposal, etc. provided for in paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 9-2 (Transfer of Jurisdiction of Confiscated Agricultural Products, etc.) |
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| (1) |
For the stabilization of the supply and demand and the establishment of trade order in the domestic agricultural market, the Minister for Food, Agriculture, Forestry and Fisheries may take over the jurisdiction of agricultural products confiscated or vested in the National Treasury (hereinafter referred to as "confiscated agricultural products, etc.") pursuant to Article 326 of the Customs Act and Article 11 of the Prosecutors' Office Act. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may dispose of confiscated agricultural products, etc. transferred to him/her pursuant to paragraph (1) by sale, public auction, donation, incineration or other methods. |
| (3) |
Expenses incurred in disposing of confiscated agricultural products, etc. under paragraph (2) shall be covered by the funds from the Agricultural Product Price Stabilization Fund under Article 54 and proceeds earned from the sale or public auction thereof shall be paid to such Fund. |
| (4) |
The Minister for Food, Agriculture, Forestry and Fisheries may designate either the National Agricultural Cooperative Federation or the Korea Agro-Fisheries and Food Trade Corporation referred to in Articled 9 (3) to conduct affairs concerning disposal of confiscated agricultural products, etc. under paragraph (2) on his/her behalf. <Amended by Act No. 10932, Jul. 25, 2011> |
| (5) |
Matters necessary for procedures for disposal, etc. of confiscated agricultural products, etc. shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 10 (Distribution Agreement and Orders to Adjust Distribution) |
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| (1) |
The representatives of producers, local distributors, storage business operators, wholesalers, retailers and consumers of major agricultural and fishery products (hereinafter referred to as "producers, etc.") may enter into an agreement for the adjustment of production or the adjustment of shipment (hereinafter referred to as "distribution agreement") for the automatic adjustment of the supply and demand and improvements in the quality of the relevant agricultural and fishery products. |
| (2) |
When the Minister for Food, Agriculture, Forestry and Fisheries deems particularly necessary to deal with substantial instability in the supply and demand of perishable or deteriorative agricultural or fishery products prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and upon receipt of requests from producers, etc. or producers' organizations prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, he/she may order producers, etc. of the relevant agricultural or fishery products in a certain area to adjust production or shipment for a certain period (hereinafter referred to as "order to adjust distribution"), in consultation with the Fair Trade Commission. |
| (3) |
An order to adjust distribution shall contain matters prescribed by Presidential Decree, such as grounds for issuing such order, items subject to such order, persons subject to such order and the method of adjusting distribution. |
| (4) |
Where producers, etc. or producers' organizations intend to make a request for an order to adjust distribution pursuant to paragraph (2), they shall prepare a written request containing matters referred to in paragraph (3), go through the formalities of collecting the opinions of interested persons and distribution experts, and obtain consent from the representatives of the producers, etc. of the relevant agricultural and fishery products or at least two thirds of the current members of the relevant producers' organization. |
| (5) |
Matters necessary for the criteria and specific procedures for issuing an order to adjust distribution under paragraph (2) and the organization, composition and operational method, etc. of producers, etc. who can make a request for an order to adjust distribution shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 11 (Execution of Orders to Adjust Distribution) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall take measures necessary for the execution of an order to adjust distribution, such as publicity to the details of such order and punishments on violators of such order. |
| (2) |
When the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary, he/she may entrust the head of a local government, an association of producers, etc. or a producers' organization of the relevant agricultural and fishery products with some of affairs for the execution of an order to adjust distribution under paragraph (1). |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 12 (Support for Persons who have Implemented Orders to Adjust Distribution) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries may make up for losses suffered by producers, etc. who have implemented a distribution agreement or an order to adjust distribution with the funds from the Agricultural Product Price Stabilization Fund or the Fishery Development Fund under Article 54. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may provide necessary support to an association of producers, etc. or producers' organization conducting some of affairs for the execution of an order to adjust distribution pursuant to Article 11 (2). |
| (3) |
Matters necessary for making up for loss suffered from the implementation of an order to adjust distribution under paragraph (1) and for support for affairs for the execution of an order to adjust distribution under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 13 (Stockpile Programs, etc.) |
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| (1) |
When the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary for the adjustment of the supply and demand and the stabilization of prices of agricultural and fishery products (excluding rice and barley; hereafter the same shall apply in this Article), he/she may adjust the shipment thereof by making some of payments in advance to producers who stockpile agricultural or fishery products or who commit to the shipment of agricultural or fishery products with the funds from the Agricultural Product Price Stabilization Fund or the Fishery Development Fund under Article 54. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries shall purchase agricultural or fishery products for stockpile purposes referred to in paragraph (1) from producers or producers' organizations: Provided, That where he/she deems particularly necessary for the price stabilization, he/she may purchase such products at a wholesale market or joint market, or import them. |
| (3) |
Where the Minister for Food, Agriculture, Forestry and Fisheries imports agricultural and fishery products for stockpile purposes pursuant to the proviso to paragraph (2), he/she may, when he/she deems it necessary to prepare for any drastic fluctuations in international prices, conduct futures trading. |
| (4) |
The Minister for Food, Agriculture, Forestry and Fisheries may entrust affairs concerning stockpile programs under paragraph (1) to the national federations of agricultural, forestry and fisheries cooperatives or the Korea Agro-Fisheries and Food Trade Corporation. <Amended by Act No. 10932, Jul. 25, 2011> |
| (5) |
Matters necessary for the purchase, import, management, sale, etc. of agricultural or fishery products for stockpile purposes under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 14 (Dealing with Losses in Programs, such as Protection of Producers in Cases of Overproduction) |
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The Minister for Food, Agriculture, Forestry and Fisheries shall treat losses in the cost incurred by reductions, price falls, sale, export, donations or other disposals, and administrative expenses incurred in conducting affairs, such as transport, packing and control of insects and pests, etc. arising from the purchase programs under Article 9 and stockpile programs under Article 13 as expenses for such programs, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 15 (Recommendation of Import of Agricultural Products, etc.) |
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| (1) |
Any person who intends to import agricultural products not prescribed otherwise by other Acts among the agricultural products imported at the concessionary tax rates that apply to the market access volume as shown on the Schedules of Concessions of the Republic of Korea following the Marrakesh Agreement Establishing the World Trade Organization (WTO) shall get the recommendation from the Minister for Food, Agriculture, Forestry and Fisheries. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may have a nonprofit public corporation designated by him/her conduct affairs of recommending the import of agricultural products under paragraph (1) on his/her behalf. In such cases, the Minister for Food, Agriculture, Forestry and Fisheries shall determine recommended quantities by item, criteria for recommendation and other necessary matters. |
| (3) |
Any person who intends to import agricultural products pursuant to paragraph (1) shall file an application for recommendation of import with descriptions of the purposes of import and other matters prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (4) |
When the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary, he/she may import agricultural product items designated by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, among agricultural products subject to recommendation under paragraph (1), for stockpile purposes pursuant to the proviso to Article 13 (2) or designate a producers' organization to import and sell such agricultural products. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 16 (Collection of Profits from Imports) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries may impose and collect profits from imports within the limit of the difference between the domestic prices and import prices from any person who imports agricultural product items prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries among persons who import agricultural products on the recommendation under Article 15 (1), as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (2) |
Profits from imports referred to in paragraph (1) shall be paid to the Agricultural Product Price Stabilization Fund under Article 54, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (3) |
If a person fails to pay profits from imports under paragraph (1) by the fixed deadline, the Minister for Food, Agriculture, Forestry and Fisheries may collect such profits in the same manner as dispositions on default of national taxes. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER III AGRICULTURAL AND FISHERY PRODUCTS WHOLESALE MARKETS
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| Article 17 (Opening of Wholesale Markets) |
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| (1) |
A wholesale market shall be set up by business category or by integrating at least two categories, as prescribed by Presidential Decree. In such cases, a Special Metropolitan City, Metropolitan City, Special Self-Governing City or Special Self-Governing Province shall set up a central wholesale market, and a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si shall set up a local wholesale market: Provided, That where a Si intends to set up a local wholesale market, it shall obtain permission from the Do Governor. <Amended by Act No. 11349, Feb. 22, 2012> |
| (2) |
Deleted. <by Act No. 11349, Feb. 22, 2012> |
| (3) |
Where a Si intends to obtain permission to set up a local wholesale market pursuant to the proviso to paragraph (1), it shall submit an application for setting up a local wholesale market to the Do Governor along with the business regulations and an operation and management plan, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012> |
| (4) |
Where a Special Metropolitan City, Metropolitan City, Special Self-Governing City or Special Self-Governing Province intends to set up a wholesale market pursuant paragraph (1), it shall prepare in advance the business regulations and an operation and management plan and, in cases of a central wholesale market, obtain approval of the business regulations from the Minister for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012> |
| (5) |
Where a person who sets up a central wholesale market amends the business regulations, he/she shall obtain approval from the Minister for Food, Agriculture, Forestry and Fisheries, and where a person who sets up a local wholesale market (only applicable to cases where a Si sets up a local wholesale market) amends the business regulations, he/she shall obtain approval from the Do Governor. <Amended by Act No. 11349, Feb. 22, 2012> |
| (6) |
Where a Si intends to close down a local wholesale market, it shall obtain permission from the Do Governor three months prior to such closure: Provided, That where a Special Metropolitan City, Metropolitan City, Special Self-Governing City, or Special Self-Governing Province closes down a wholesale market, it shall officially announce the closure of a wholesale market three months prior to such closure. <Amended by Act No. 11349, Feb. 22, 2012> |
| (7) |
Matters to be provided for in the business regulations under paragraphs (3) and (4) and matters necessary for the preparation and submission of an operation and management plan shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012> |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 18 (Area where Wholesale Market is Set up) |
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| (1) |
An area where a wholesale market is set up shall be within the jurisdiction of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si where a wholesale market is to be set up. |
| (2) |
When the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary to facilitate the distribution of agricultural or fishery products in the relevant area, he/she may permit the incorporation of a certain area adjacent to an area where a wholesale market is set up into the area where such wholesale market is set up: Provided, That for a certain area in a Do to which a local wholesale market belongs, which is adjacent to an area where such local wholesale market is set up by a Si, the relevant Do Governor may permit the incorporation of such area into the area where such local wholesale market is set up. |
[This Article Wholly Amended by Act No. 11349, Feb. 22, 2012]
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| Article 19 (Criteria for Permission, etc.) |
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| (1) |
Where the details of an application for permission under Article 17 (3) meet the following requirements, the relevant Do Governor shall grant permission: <Amended by Act No. 11349, Feb. 22, 2012> |
| 1. |
A place where a wholesale market is to be set up shall be located at a place appropriate for the center of the trade of agricultural or fishery products; |
| 2. |
A place shall be equipped with facilities meeting the criteria under Article 67 (2); |
| 3. |
The details of an operation and management plan shall be deemed satisfactory and feasible. |
| (2) |
Where a place does not have facilities required pursuant to paragraph (1) 2, the Do Governor may grant permission on condition that such facilities shall be equipped within a certain period. <Amended by Act No. 11349, Feb. 22, 2012> |
| (3) |
Where a Special Metropolitan City, Metropolitan City, Special Self-Governing City or Special Self-Governing Province intends to set up a wholesale market, it shall meet all the requirements under the subparagraphs of paragraph (1). <Newly Inserted by Act No. 11349, Feb. 22, 2012> |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 20 (Obligations of Persons who Set up Wholesale Markets) |
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| (1) |
A person who sets up a wholesale market shall implement the following matters for the convenience of traders and the protection of consumers: |
| 1. |
Maintenance, improvements and reasonable management of wholesale market facilities; |
| 2. |
Promotion of competition, the establishment of fair transaction order and the improvement of environment; |
| 3. |
Standardization, improvement of packaging, and the promotion of the maintenance of freshness to improve the merchantable quality. |
| (2) |
A person who sets up a wholesale market shall formulate and implement measures, including an investment plan and a plan to improve the transaction system, in order to efficiently implement matters under the subparagraphs of paragraph (1). |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
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| Article 21 (Management of Wholesale Markets) |
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| (1) |
A person who sets up a wholesale market may set up a wholesale market management office composed of public officials under his/her control (hereinafter referred to as "management office"), or designate a market manager from among local public corporations under the Local Public Enterprises Act (hereinafter referred to as "management corporation"), public-invested corporations under Article 24 or the Korea Agro-Fisheries and Food Trade Corporation. <Amended by Act No. 10932, Jul. 25, 2011> |
| (2) |
A person who sets up a wholesale market may determine the scope of duties to manage facilities, maintain order in transactions and guide and supervise persons engaged in distribution and entrust a management office or market manager with affairs concerning the management of the relevant wholesale market or a wholesale market in the area where the wholesale market is set up. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 22 (Operation of Wholesale Markets, etc.) |
|
A person who sets up a wholesale market shall have the optimum number of wholesale market corporations, wholesalers or intermediary wholesalers at the wholesale market taking into account the size of its facilities and the amount of transactions, etc. and have them operate the wholesale market: Provided, That a person who sets up a central wholesale market shall have wholesale market corporations for business categories prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012>
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 23 (Designation of Wholesale Market Corporations) |
|
| (1) |
A person who sets up a wholesale market shall designate wholesale market corporations by business category. In cases of wholesale market corporations operating in a central wholesale market, he/she shall designate such wholesale market corporations in consultation with the Minister for Food, Agriculture, Forestry and Fisheries. In such cases, the period of validity for designation may be set between five years and ten years. <Amended by Act No. 11349, Feb. 22, 2012> |
| (2) |
Any stockholders, executives and employees of a wholesale market corporation shall not conduct wholesale business or intermediary wholesale business in competition with the business of the relevant wholesale market corporation: Provided, That where a wholesale market corporation obtains at least the majority of the stocks or equity of another wholesale market corporation by transfer (hereinafter referred to as "takeover") and any stockholder, executive or employee of the acquiring corporation concurrently holds the position of a stockholder, executive or employee of the acquired corporation pursuant to Article 23-2, this shall not apply. |
| (3) |
A corporation meeting the following requirements shall be entitled to become a wholesale market corporation under paragraph (1): |
| 1. |
The corporation shall have at least two executives in charge of conducting business, who have knowledge of conducting wholesale business of the relevant category and have experience in affairs of a wholesale market or joint market for at least two years; |
| 2. |
The corporation shall have no person who has been sentenced to imprisonment without prison labor or a heavier punishment and in whose case two years have not passed since the execution of such punishment was complete (including where the execution is deemed to be complete) or the execution of such punishment was exempted among its executives; |
| 3. |
The corporation shall have no executive who was declared bankrupt but has not been reinstated yet, or who is incompetent or quasi-incompetent; |
| 4. |
The corporation shall have no executive involved in a matter which becomes the cause of the revocation of designation as a wholesale market corporation under Article 82 (2); |
| 5. |
The corporation shall satisfy certain requirements that a person who sets up a wholesale market specifies in the business regulations, such as the size of business, the percentage of net assets, and earnest money for transactions. |
| (4) |
When a wholesale market corporation designated ceases to meet requirements referred to in paragraph (3) 1, it shall meet the relevant requirements within three months. |
| (5) |
When the relevant executive of a wholesale market corporation fails to meet requirements falling under any of paragraph (3) 2 through 4, the wholesale market corporation shall dismiss such executive without delay. |
| (6) |
Procedures for designating any wholesale market corporation and other matters necessary for the designation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 23-2 (Acquisition by Transfer and Merger of Wholesale Market Corporations) |
|
| (1) |
Where a wholesale market corporation acquires by transfer or merges another wholesale market corporation, it shall obtain approval from a person who sets up the relevant wholesale market. |
| (2) |
Except as provided for in the following subparagraphs, a person who sets up a wholesale market shall approve acquisition by transfer or merger pursuant to paragraph (1): <Newly Inserted by Act No. 11349, Feb. 22, 2012> |
| 1. |
Where a wholesale market corporation that is the party to acquisition by transfer or merger fails to meet requirements referred to in the subparagraphs of Article 23 (3); |
| 2. |
Where acquisition by transfer or merger violates restrictions under this Act or other Acts and subordinate statutes. |
| (3) |
Where a person who sets up a wholesale market approves merger pursuant to paragraph (1), a wholesale market corporation that merges another wholesale market corporation shall succeed to the position of another wholesale market corporation being merged. <Amended by Act No. 11349, Feb. 22, 2012> |
| (4) |
Matters necessary for procedures for approval of acquisition by transfer or merger of a wholesale market corporation, etc. shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012> |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 24 (Public-Invested Corporations) |
|
| (1) |
Where a person who sets up a wholesale market deems it necessary to efficiently manage and operate the wholesale market, he/she may incorporate a corporation (hereinafter referred to as "public-invested corporation") assigned to conduct affairs of a wholesale market corporation under Article 22 in lieu thereof. |
| (2) |
Only any of the following persons may make investments in a public-invested corporation. In such cases, the gross amount of investments made by persons falling under subparagraphs 1 through 3 shall exceed 50 percent of the total investments: |
| 2. |
A management corporation; |
| 3. |
An agricultural, forestry or fisheries cooperative, etc.; |
| 4. |
Merchants who trade agricultural and fishery products at the relevant wholesale market or a market transferred to such wholesale market and an organization of such merchants; |
| 5. |
A wholesale market corporation; |
| 6. |
Other persons whom a person who sets up a wholesale market deems particularly necessary to manage and operate the wholesale market. |
| (3) |
The provisions on stock companies of the Commercial Act shall apply to public-invested corporations except as otherwise provided for in this Act. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 25 (Permission of Intermediary Wholesale Business) |
|
| (1) |
A person who intends to conduct business as an intermediary wholesaler shall obtain permission by business category from a person who sets up the relevant wholesale market. |
| (2) |
A person who sets up a wholesale market shall grant permission under paragraph (1) except in any of the following cases: <Newly Inserted by Act No. 11349, Feb. 22, 2012> |
| 1. |
Where a person who intends to conduct business as an intermediary wholesaler falls under any of the subparagraphs of paragraph (3); |
| 2. |
Where a person who intends to conduct business as an intermediary wholesaler violates restrictions under this Act or other Acts and subordinate statutes. |
| (3) |
Any of the following persons shall not obtain permission of intermediary wholesale business: <Amended by Act No. 11349, Feb. 22, 2012> |
| 1. |
A person who was declared bankrupt and has not been reinstated yet, or an incompetent or quasi-incompetent; |
| 2. |
A person who was sentenced to imprisonment without prison labor or a heavier punishment and in whose case the execution of such punishment has not been complete (including where the execution of the punishment is deemed complete) or exempted; |
| 3. |
A person in whose case two years have not passed from the date permission of intermediary wholesale business was revoked pursuant to Article 82 (5); |
| 4. |
A stockholder, executive or employee of a wholesale market corporation who intends to conduct intermediary wholesale business in competition with the business of the relevant wholesale market corporation; |
| 5. |
A corporation, one of whose executives falls under any of subparagraphs 1 through 4; |
| 6. |
A person who fails to satisfy requirements for permission that a person who sets up a wholesale market has specified in the business regulations, such as the minimum volume of business and a deposit to guarantee the payment of the trading value. |
| (4) |
A corporate intermediary wholesaler shall, if its executive falls under paragraph (3) 5, dismiss such executive without delay. <Amended by Act No. 11349, Feb. 22, 2012> |
| (5) |
No intermediary wholesaler shall perform any act interfering with the participation of another intermediary wholesaler or trade participant in trading or collectively boycotting the auction or bidding of agricultural and fishery products. <Amended by Act No. 11349, Feb. 22, 2012> |
| (6) |
Where a person who sets up a wholesale market permits intermediary wholesale business pursuant to paragraph (1), he/she may set the period of validity of permission between five and ten years: Provided, That for a non-corporate intermediary wholesaler, a person who sets up a wholesale market may set the period of validity of permission between three and ten years. <Amended by Act No. 11349, Feb. 22, 2012> |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 25-2 (Acquisition by Transfer and Merger of Corporate Intermediary Wholesalers) |
|
The provisions of Article 23-2 shall apply mutatis mutandis
to acquisition by transfer or merger of corporate intermediary wholesalers. In such cases, a "wholesale market corporation" shall be construed as a "corporate intermediary wholesaler".
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 25-3 (Reporting by Trade Participant) |
|
A person who intends to conduct business as a trade participant shall report to a person who sets up a wholesale market, joint market or privately-operated wholesale market as a trade participant, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 26 (Special Cases on Scope of Business of Intermediary Wholesalers) |
|
Any intermediary wholesaler who has obtained permission pursuant to Article 25 may conduct his/her business even at a joint market set up in a wholesale market (hereinafter referred to as "joint market in the wholesale market").
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 27 (Appointment or Dismissal of Certified Auctioneers) |
|
| (1) |
A wholesale market corporation shall appoint at least a fixed number of certified auctioneers for fair and expeditious trade at the wholesale market, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (2) |
A wholesale market corporation shall appoint certified auctioneers from among those who do not fall under any of the following, who have passed a qualifying examination for certified auctioneers: |
| 1. |
An incompetent or quasi-incompetent; |
| 2. |
A person who was sentenced to imprisonment without prison labor or a heavier punishment and in whose case two years have not passed from the date the execution of such punishment was complete (including where the execution of such punishment is deemed complete) or exempted; |
| 3. |
A person who is under the suspended sentence of imprisonment without labor or a heavier punishment as declared by a court; |
| 4. |
A wholesaler at the market, intermediary wholesaler, local distributor, or executive or employee of the relevant wholesale market; |
| 5. |
A person in whose case two years have not passed since he/she was dismissed from office pursuant to Article 82 (4); |
| 6. |
A person who is under the suspension of business under Article 82 (4). |
| (3) |
Where a certified auctioneer falls under any of paragraph (2) 1 through 4, a wholesale market corporation shall dismiss such certified auctioneer. |
| (4) |
When a wholesale market corporation has appointed or dismissed a certified auctioneer, it shall report the details thereof to a person who sets up the relevant wholesale market, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and shall post a notice of such details on the Internet website designated and announced by the Minister for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012> |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 27-2 (Qualifying Examinations for Certified Auctioneers) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall conduct a qualifying examination for certified auctioneers, divided into a written examination and practical examination. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may entrust affairs concerning the administration of a qualifying examination for certified auctioneers under paragraph (1) to a relevant specialized institution that he/she deems capable of administering such examination, as prescribed by Presidential Decree. |
| (3) |
Eligibility requirements for qualifying examination for certified auctioneers under paragraph (1), examination subjects, partial exemption from examination, method of examinations, the issuance of certificates and other matters necessary for examination shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 28 (Duties of Certified Auctioneers) |
|
| (1) |
Any certified auctioneer shall perform the following duties: |
| 1. |
Decision on the priority of auctions for agricultural or fishery products put on the market for sale by a wholesale market corporation; |
| 2. |
Evaluation of prices of agricultural or fishery products put on the market for sale by a wholesale market corporation; |
| 3. |
Decision on successful bidders on agricultural or fishery products put on the market for sale by a wholesale market corporation. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 29 (Registration of Local Distributors) |
|
| (1) |
Any person who intends to collect agricultural and fishery products to ship them to any wholesale market shall file registration for his/her business by business category with a person who sets up the wholesale market, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That this shall not apply to any of the following cases: |
| 1. |
Where a producers' organization ships its members' products; |
| 2. |
Where a wholesale market corporation puts agricultural or fishery products it has purchased pursuant to the proviso to Article 31 (1) on the market for sale; |
| 3. |
Where an intermediary wholesaler trades agricultural or fishery products which are not put on the market for sale pursuant to the proviso to Article 31 (2); |
| 4. |
Where a wholesaler at the market trades agricultural or fishery products pursuant to Article 37; |
| 5. |
Other cases prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (2) |
No wholesale market corporation or intermediary wholesaler, or no stockholder, executive or employee thereof shall conduct business of a local distributor at the wholesale market. |
| (3) |
A person who sets up a wholesale market shall permit the registration of a local distributor pursuant to paragraph (1) except in where the local distributor violates restrictions under this Act or other Acts and subordinate statutes. <Amended by Act No. 11349, Feb. 22, 2012> |
| (4) |
Any local distributor shall be prohibited from selling, purchasing or intermediating agricultural or fishery products, other than shipping such products in the wholesale market with which his/her business has been registered. |
| (5) |
When a person under any obligation to register his/her business pursuant to paragraph (1) conducts business of a local distributor without registration, a person who sets up a wholesale market may take measures to ban or restrict his/her access to the wholesale market. |
| (6) |
The State or local governments may provide necessary support for local distributors for the promotion of fair trade. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 30 (Registration of Shippers) |
|
| (1) |
A producer, producers' organization, etc. that intend to ship agricultural or fishery products to the wholesale market shall report to a person who sets up the relevant wholesale market, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries for the establishment of trade order of agricultural or and fishery products and the stabilization of the supply and demand thereof. |
| (2) |
Where a shipper who has reported pursuant to paragraph (1) ships agricultural or fishery products after contracting shipment thereof in advance, a person who sets up a wholesale market, wholesale market corporation or wholesaler at the market may give preferential treatments, such as reduction of consignment service fee and execution of auction in the first place. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 31 (Principle of Sales on Consignment) |
|
| (1) |
Each wholesale market corporation shall wholesale agricultural or fishery products in the wholesale market under consignment from a shipper: Provided, That when special circumstances prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries arise, such wholesale market corporation may wholesale agricultural or fishery products it has purchased. |
| (2) |
Each intermediary wholesaler shall be prohibited from trading agricultural and fishery products, other than those put on the market for sale by any wholesale market corporation: Provided, That the same shall not apply to any agricultural or fishery products unfit for any wholesale market corporation prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries to put on the market for sale and other agricultural and fishery products, equivalent thereto, which are permitted by a person who sets up a wholesale market for trading such products with fixed items and period thereof. |
| (3) |
Articles 35 (1), 38, 39, 40 (2) and (4), 41 (excluding the proviso to paragraph (2)), 42 (1) 1 and 3, and 81 shall apply mutatis mutandis to the trade of any intermediary wholesaler under the proviso to paragraph (2). |
| (4) |
Where an intermediary wholesaler trades products falling under the proviso to paragraph (2) at the Electronic Commerce Center for Agricultural and Fishery Products under Article 70-2 (1) 1, he/she may choose not to bring such products into the wholesale market. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 32 (Methods of Trading) |
|
A wholesale market corporation shall trade agricultural or fishery products at the wholesale market by means of auction, bidding, trade at a fixed price or free trade: Provided, That where transaction methods have been prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, such as cases where a shipper designates and requests a transaction method, the wholesale market corporation may trade agricultural or fishery products according to such request.
[This Article Wholly Amended by Act No. 11349, Feb. 22, 2012]
law view
| Article 33 (Methods of Auction or Bidding) |
|
| (1) |
Where a wholesale market corporation sells agricultural and fishery products put on the wholesale market by means of auction or bidding in order of consignment, it shall sell such products to a person bidding the highest price: Provided, That where a shipper suggests in writing the lowest price that he/she is to accept for trade, it shall not sell such products at a price lower than such price. <Amended by Act No. 11349, Feb. 22, 2012> |
| (2) |
If necessary for efficient distribution, a person who sets up a wholesale market may give priority to agricultural or fishery products shipped in large quantities, standardized, or shipped in on a contract, etc., as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (3) |
In principle, auction or bidding under paragraph (1) shall be carried out electronically, but if necessary, by methods, such as the raising of hands, recording, and written bidding, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. In such cases, where it is necessary to realize the open auction, the Minister for Food, Agriculture, Forestry and Fisheries or a person who sets up a wholesale market may place limitations on the method of auction by item or by wholesale market. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 34 (Special Cases on Trade) |
|
Where special circumstances prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries arise, such as where agricultural or fishery products are supplied too much to execute a normal trade, a person who sets up a wholesale market may allow a wholesale corporation to sell such products to any person other than intermediary wholesalers and trade participants, while a wholesaler at the market, to any wholesale market corporation or any intermediary wholesaler only on the date such circumstances arise.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 35 (Limitations on Business of Wholesale Market Corporation) |
|
| (1) |
No wholesale market corporation shall sell agricultural and fishery products in any place, other than the wholesale market. |
| (2) |
Notwithstanding paragraph (1), a wholesale market corporation may choose not to bring the relevant products to be traded into a wholesale market where the trade thereof falls under any of the following: <Amended by Act No. 11349, Feb. 22, 2012; Act No. 11458, Jun. 1, 2012> |
| 1. |
Where the wholesale market corporation trades agricultural or fishery products by means of electronic commerce under the Act on Electronic Documents and Transactions with prior approval by a person who sets up the wholesale market; |
| 2. |
Where a person who sets up a wholesale market approves that the wholesale market corporation brings samples of agricultural or fishery products being kept and stored in facilities meeting certain standards stipulated by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries into the wholesale market and trades such samples there. |
| (3) |
Necessary matters concerning the methods of electronic commerce and sample trading under paragraph (2), and other relevant matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (4) |
No wholesale market corporation shall concurrently conduct business other than the business of selling agricultural or fishery products: Provided, That such wholesale market corporation may concurrently conduct business of sorting, packing, processing, ice-making, keeping, after-maturing, storing, exporting, importing, etc. agricultural or fishery products, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (5) |
Where the wholesale duty of a wholesale market corporation is apprehended to be weaken due to competition with local shippers or too many concurrent business transactions, a person who sets up a wholesale market shall restrict concurrent business under the proviso to paragraph (4) for a fixed period of up to one year, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 35-2 (Public Announcement by Wholesale Market Corporations, etc.) |
|
| (1) |
A wholesale market corporation or wholesaler at the market shall publicly announce the volume of dealings, price information, financial standing, etc. in order to protect the rights and interests of shippers and consumers. |
| (2) |
Matters necessary for the details of announcement, method of announcement, procedure for announcement, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 36 (Designation of Wholesalers at Market) |
|
| (1) |
A person who sets up a wholesale market shall designate wholesalers at the market by business category. In such cases, the person who sets up the wholesale market may set the period of validity for such designation between five and ten years. |
| (2) |
A corporation meeting the following requirements shall be entitled to become a wholesaler at the market under paragraph (1): |
| 1. |
A corporation shall have no executive who has been sentenced to imprisonment without prison labor or a heavier punishment and for whom two years have yet to elapse from the date on which the execution of such sentence was complete (including where the execution of the sentence is deemed to be complete) or exempted; |
| 2. |
A corporation shall have no executive who runs wholesale business or intermediate wholesale business in competition with the business of wholesalers at the relevant wholesale market; |
| 3. |
A corporation shall have no executive who has yet to be reinstated after having been declared as bankrupt by court, or who has been declared as incompetent or quasi-incompetent by court; |
| 4. |
A corporation shall have no executive involved in any act that causes a revocation of designation as a wholesaler at the market under Article 82 (2); |
| 5. |
A corporation shall satisfy certain requirements of the business regulations fixed by a person who sets up a wholesale market, such as the scale of trading, rate of net asset, and deposit of guarantee for dealings. |
| (3) |
A wholesaler at the market shall, when any of its executives fails to satisfy the requirements falling under any of paragraph (2) 1 through 4, dismiss him/her without delay. |
| (4) |
Procedures for designating wholesalers at the market and other matters necessary for designation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 36-2 (Acquisition by Transfer or Merger of Wholesalers at Market) |
|
The provisions of Article 23-2 shall apply mutatis mutandis
to acquisition by transfer or merger of wholesalers at the market. In such cases, a "wholesale market corporation" shall be construed as a "wholesaler at the market".
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 37 (Business of Wholesalers at Market) |
|
| (1) |
A wholesaler at the market may wholesale purchased or consigned agricultural or fishery products or intermediate the trade of such products: Provided, That in cases prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, such as cases where a person who sets up a wholesale market deems it necessary to maintain order in transactions, he/she may restrict or prohibit wholesalers at the market from trading consigned agricultural or fishery products with items and a period fixed. |
| (2) |
No wholesaler at the market shall sell agricultural or fishery products to any wholesale market corporation or intermediary wholesaler at the relevant wholesale market. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 38 (Prohibition of Refusal of Consignment) |
|
No wholesale market corporation or wholesaler at the market shall, when conducting business, refuse or avoid the consignment of agricultural or fishery products shipped in and the sales of consigned agricultural or fishery products or give unfavorable treatment to traders without just cause, except in any of the following cases:
| 1. |
Where it ships products, in violation of an order to adjust distribution under Article 10 (2); |
| 2. |
Where it ships products without filing a shipper report under Article 30; |
| 3. |
Where it is found not to meet standards as a result of the safety examination under Article 38-2; |
| 4. |
Where it fails to meet standards for the minimum shipment volume that a person who sets up a wholesale market specifies in the business regulations; |
| 5. |
Other cases prescribed by Presidential Decree for the improvement of environment, the promotion of standardized shipment, etc. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 38-2 (Safety Examinations of Agricultural and Fishery Products for Shipments) |
|
| (1) |
A person who sets up a wholesale market shall conduct safety examinations of agricultural or fishery products brought into the wholesale market on whether agricultural or fishery products contain harmful substances exceeding residual quantity permitted, etc. under Article 61 of the Agricultural and Fishery Products Quality Control Act. <Amended by Act No. 10885, Jun. 21, 2011> |
| (2) |
A person who sets up a wholesale market may restrict shipment to the relevant wholesale market for a period of up to one year to the shipper of substandard products as a result of a safety examination under paragraph (1). In such cases, the same shall apply to those who are restricted to ship substandard products as a result of a safety examination conducted by a person who sets up another wholesale market. |
| (3) |
Matters necessary for standards and methods for conducting safety examinations under paragraph (1) and standards, procedures, etc. for restrictions on shipment under paragraph (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 39 (Takeover of Traded Agricultural and Fishery Products, etc.) |
|
| (1) |
Any person who purchases agricultural or fishery products from any wholesale market corporation or wholesaler at the market shall take over such products immediately after the trade is effected. |
| (2) |
When a purchaser under paragraph (1) refuses or neglects the takeover of his/her purchased agricultural or fishery products without just cause, a wholesale market corporation or wholesaler at the market may store such products for a specific period at the purchaser's expenses, or trade such products again by the cancellation of the problematic trade without any peremptory notice for such trading. |
| (3) |
In cases referred to in paragraph (2), any loss on transactions shall be borne by the initial purchaser. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 40 (Loading and Unloading) |
|
| (1) |
A person who sets up a wholesale market shall endeavor to improve the loading and unloading system and facilitate the mechanization of the loading and unloading work to efficiently perform the loading and unloading work in the wholesale market, and work out and implement policy measures to reduce costs involved in loading and unloading and protect the interests of shippers. |
| (2) |
Standard loading and unloading charges (referring to loading and unloading charges inevitably required to sell standard agricultural and fishery products shipped at the wholesale market) for standard agricultural and fishery products shipped that a person who sets up a wholesale market specifies in the business regulations shall be borne by a wholesale market corporation or wholesaler at the market. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries may order a person who sets up a wholesale market to take necessary measures for the improvement of loading and unloading system and the mechanization of loading and unloading work under paragraph (1) and for the facilitation of standard shipment under paragraph (2). |
| (4) |
A wholesale market corporation or wholesaler at the market may enter into a service contract with a company specializing in loading and unloading, etc. with respect to the loading and unloading work at the wholesale market. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 41 (Making Payments to Shippers) |
|
| (1) |
When purchased or consigned agricultural or fishery products are traded, a wholesale market corporation or wholesaler at the market shall make all payments therefor to a shipper without delay: Provided, That when the wholesale market corporation or wholesaler at the market and the shipper enter into a special agreement with respect to the method of making a payment, a payment shall be made according to such special agreement. <Amended by Act No. 11349, Feb. 22, 2012> |
| (2) |
A payment under paragraph (1) shall be made in a manner that a wholesale market corporation or wholesaler at the market issues a standard statement of accounts prepared after confirming a standard invoice and sales ledger to a shipper, and the shipper submits them to a separate window (including an organization settling accounts for payments under Article 41-2) for the settlement of accounts to receive a payment: Provided, That in cases of a wholesale market corporation recognized by a person who sets up a wholesale market, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, it may directly make payments to shippers. <Amended by Act No. 11349, Feb. 22, 2012> |
| (3) |
A standard invoice, sales ledger and standard statement of accounts under paragraph (2) and matters necessary for the method of and procedures for the settlement of payments, etc. shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 41-2 (Support for Establishment of Organizations Settling Accounts for Payments) |
|
Where wholesale market corporations, wholesalers at the market, intermediary wholesalers, etc. jointly establish an association, company, etc. for settlement of accounts for the following payments (hereinafter referred to as "organization settling accounts for payments"), a person who sets up a wholesale market may provide support therefor:
| 1. |
Payments for shipments; |
| 2. |
Payments for sale following the trade of agricultural or fishery products between a wholesale market corporation and an intermediary wholesaler or trade participant. |
[This Article Newly Inserted by Act No. 11349, Feb. 22, 2012]
law view
| Article 42 (Restrictions on Collection of Fees, etc.) |
|
| (1) |
A person who sets up a wholesale market, wholesale market corporation, wholesaler at the market, intermediary wholesaler or organization settling accounts for payments shall not collect money on whatever pretext it may be, other than the following fees, from persons subject to collection in relation to the relevant business: <Amended by Act No. 11349, Feb. 22, 2012> |
| 1. |
User fees for the use of a wholesale market that a person who sets up the wholesale market collects from wholesale market corporations or wholesalers at the market at the least possible expenses for the maintenance and management of the wholesale market; |
| 2. |
User fees for the use of facilities that a person who sets up a wholesale market collects from the users of facilities prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries among facilities of the wholesale market; |
| 3. |
Consignment fees equivalent to a fixed percentage or fixed amount of products sold that a wholesale market corporation or wholesaler at the market collects from shippers who have consigned agricultural or fishery products for sale; |
| 4. |
Brokerage fees equivalent to a fixed percentage of products traded that a wholesaler at the market or intermediary wholesaler collects from persons who has traded agricultural or fishery products where he/she has intermediated the trade of such products; |
| 5. |
Fees for settlement of accounts for payments that wholesale market corporations, wholesalers at the market, intermediary wholesalers, trade participants, etc. pay to an organization settling accounts for payments where the trade cost is paid. |
| (2) |
The rates of user fees and other fees provided for in paragraph (1) 1 through 5 shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 11349, Feb. 22, 2012> |
| (3) |
Deleted. <by Act No. 11349, Feb. 22, 2012> |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 42-2 (Special Cases concerning Operation, etc. of Local Wholesale Markets) |
|
| (1) |
Where a person who sets up a local wholesale market deems it necessary in the light of the size, the volume of trade, etc. of the relevant wholesale market, he/she may specify special cases in the business regulations, separately from the cases prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries pursuant to the provisos to Article 31 (1) and (2). <Amended by Act No. 11349, Feb. 22, 2012> |
| (2) |
Deleted. <by Act No. 11349, Feb. 22, 2012> |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER IV AGRICULTURAL OR FISHERY PRODUCTS JOINT MARKETS AND PRIVATELY-OPERATED AGRICULTURAL OR FISHERY PRODUCTS WHOLESALE MARKETS, ETC.
law view
| Article 43 (Establishment of Joint Markets) |
|
| (1) |
When a producers' organization or public benefit corporation intends to set up a joint market, it shall obtain approval from the relevant Mayor/Do Governor after it has facilities meeting the standards under Article 67 (2). |
| (2) |
Article 19 (2) shall apply mutatis mutandis to cases referred to in paragraph (1). |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 44 (Persons Involved in Transactions at Joint Markets) |
|
| (1) |
Intermediary wholesalers, trade participants, local distributors and certified auctioneers may work for a joint market. |
| (2) |
A person who sets up a joint market shall designate intermediary wholesalers operating at the joint market. In such cases, Article 25 (3) and (4) shall apply mutatis mutandis to the designation, etc. of intermediary wholesalers. <Amended by Act No. 11349, Feb. 22, 2012> |
| (3) |
Any person who intends to collect agricultural or fishery products to put them on a joint market for sale shall file for registration of a local distributor with a person who sets up the joint market. In such cases, the proviso to Article 29 (1) and paragraphs (3) through (6) of the same Article shall apply mutatis mutandis to registration, etc. of local distributors. |
| (4) |
A person who sets up a joint market shall appoint or dismiss certified auctioneers for the joint market. In such cases, Articles 27 (2) through (4) and 28 shall apply mutatis mutandis to the qualification standards and duties of certified auctioneers. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 45 (Operation of Joint Markets, etc.) |
|
The provisions of Articles 31 through 34, 38, 39, 40, 41 (1) and 42 shall apply mutatis mutandis
to the operation and transaction methods of any joint market: Provided
, That where it is inappropriate in the light of the size and trade volume of a joint market to apply the relevant provisions to the joint market, a person who sets up such joint market may separately determine the operation and transaction methods to the extent that he/she deems reasonable in accordance with the business regulations.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 46 (Special Cases on Operation of Joint Markets in Wholesale Markets, etc.) |
|
| (2) |
Articles 25, 31 (2) through (4), 42 and 75 shall apply mutatis mutandis to intermediary wholesalers operating in joint markets in a wholesale market. <Amended by Act No. 11349, Feb. 22, 2012> |
| (3) |
Article 29 shall apply mutatis mutandis to the local distributors operating in joint markets in a wholesale market. |
| (4) |
Articles 27 and 28 shall apply mutatis mutandis to the certified auctioneers operating in joint markets in a wholesale market. |
| (5) |
The operations of joint markets in a wholesale market may be entrusted to a distribution subsidiary of an agricultural, forestry or fisheries cooperative, etc. under Article 70. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 47 (Establishment of Privately-Operated Wholesale Markets) |
|
| (1) |
Where a private citizen, etc. intends to set up a privately-operated wholesale market in a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si, the private citizen, etc. shall obtain permission from the competent Mayor/Do Governor. <Amended by Act No. 11349, Feb. 22, 2012> |
| (2) |
Where a private citizen, etc. intends to obtain permission to set up a privately-operated wholesale market pursuant to paragraph (1), the private citizen, etc. shall submit an application for permission to set up a privately-operated wholesale market to the competent Mayor/Do Governor along with business regulations and an operation and management plan, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (3) |
Article 17 (5) and (7) shall apply mutatis mutandis to business regulations and an operation and management plan under paragraph (2). |
| (4) |
The Mayor/Do Governor shall grant permission pursuant to paragraph (1) except in any of the following cases: <Amended by Act No. 11349, Feb. 22, 2012> |
| 1. |
Where a place in which a private citizen, etc. intends to set up a privately-operated wholesale market is located at a place that may cause traffic congestion; |
| 2. |
Where facilities in a privately-operated wholesale market do not meet standards under Article 67 (2); |
| 3. |
Where the details of an operation and management plan is impracticable; |
| 4. |
Where a privately-operated wholesale market violates restrictions under this Act or other Acts and subordinate statutes. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 48 (Operation of Privately-Operated Wholesale Markets, etc.) |
|
| (1) |
A person who sets up a privately-operated wholesale market may directly operate such market by employing intermediary wholesalers, trade participants, local distributors and certified auctioneers or entrust the operation of such market to wholesalers at the market. |
| (2) |
A person who sets up a privately-operated wholesale market shall designate intermediary wholesalers operating at the privately-operated wholesale market. In such cases, Article 25 (3) and (4) shall apply mutatis mutandis to the designation, etc. of intermediary wholesalers. <Amended by Act No. 11349, Feb. 22, 2012> |
| (3) |
A person who intends to collect agricultural or fishery products to put them on a privately-operated wholesale market for sale shall file for registration of a local distributor with a person who sets up the privately-operated wholesale market. In such cases, the proviso to Article 29 (1) and paragraphs (3) through (6) of the same Article shall apply mutatis mutandis to the registration, etc. of local distributors. |
| (4) |
A person who sets up a privately-operated wholesale market shall appoint or dismiss certified auctioneers operating at the privately-operated market. In such cases, Articles 27 (2) through (4) and 28 shall apply mutatis mutandis to the qualification standards for certified auctioneers and their duties. |
| (5) |
A person who sets up a privately-operated wholesale market shall designate wholesalers operating at the privately-operated wholesale market. In such cases, Articles 36 (2) through (4), 37, 38, 39, 41 and 42 shall apply mutatis mutandis to the designation and operations of wholesalers at the market. <Amended by Act No. 11349, Feb. 22, 2012> |
| (6) |
Where a person who sets up a privately-operated wholesale market directly operates the privately-operated wholesale market by employing intermediary wholesalers, trade participants, local distributors and certified auctioneers, Articles 31 through 34, 38, 39 through 41 and 42 shall apply mutatis mutandis to the operation thereof and transaction methods, etc.: Provided, That where it is inappropriate in the light of the size, trade volume, etc. of a privately-operated wholesale market to apply the relevant provisions to the operation and transaction methods of such market, the person who sets up such privately-operated wholesale market may separately specify the operation thereof, transaction methods, etc. to the extent that he/she deems reasonable, as prescribed by business regulations. <Amended by Act No. 11349, Feb. 22, 2012> |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 49 (Establishment of Local Sales System) |
|
| (1) |
An agricultural, forestry or fisheries cooperative, etc. or public benefit corporation shall establish and implement measures for sale for the protection of producers, such as the implementation of a local auction system for major items of agricultural and fishery products shipped from producing areas, or the expansion of route sales, and measures for local distribution, such as the enlargement of facilities for screening, packing and storing. |
| (2) |
An agricultural, forestry or fisheries cooperative, etc. or public benefit corporation may hold warehouse auctions, field auctions or onboard auctions by method of auction or bidding under Article 33. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 50 (Establishment and Operation of Agricultural or Fishery Products Collection Centers) |
|
| (1) |
When it is deemed necessary to create a distribution system under which agricultural and fishery products can be shipped to mass-consumption areas, a producers' organization or public benefit corporation may establish and operate agricultural or fishery products collection centers. |
| (2) |
The State or local governments shall cooperate in selecting proper locations and constructing a new road network to promote the efficient operation of agricultural or fishery products collection centers and the shipment convenience for producers. |
| (3) |
A producers' organization or public benefit cooperation may operate an agricultural or fishery products collection center meeting facility standards for joint markets under Article 67 (2) as a joint market with approval by the competent Mayor/Do Governor, among agricultural or fishery products collection centers it operates pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 51 (Establishment and Operation of Local Distribution Centers for Agricultural and Fishery Products) |
|
| (1) |
The State or local governments may set up and operate a local distribution center for agricultural or fishery products or provide necessary support for securing a site or installing facilities to persons who intend to set up and operate a local distribution center for agricultural or fishery products in order to facilitate the screening, packing, standard shipping, processing, sale, etc. of agricultural or fishery products. |
| (2) |
The State or local governments may entrust a producers' organization or specialized distribution enterprise with the operation of a local distribution center for agricultural or fishery products. |
| (3) |
Matters necessary for the operation, etc. of local distribution centers for agricultural or fishery products shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 52 (Provision of Convenience of Distribution Facilities for Agricultural and Fishery Products) |
|
The State or local governments shall, upon receiving a request from a producers' organization, the national federations of agricultural, forestry and fisheries cooperatives or a public benefit corporation for using agricultural and fishery products distribution facilities established by them, preferentially offer conveniences to use such facilities and assign an ample space, etc.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 53 (Contract for Lump Sum Transactions) |
|
| (1) |
A contract for lump sum transactions (referring to a forward contract by which a producer sells agricultural products in lump sum at fields by the size of land or volume of underlying agricultural products; hereafter the same shall apply in this Article) of perishable agricultural products, such as vegetables determined by the Minister for Food, Agriculture, Forestry and Fisheries, shall be made in writing. |
| (2) |
Where a purchaser fails to ship agricultural products out within 10 days from the shipping date as indicated on a written contract, the contract for lump sum transactions of such agricultural products under paragraph (1) shall be deemed cancelled on the date on which the relevant period expires, except as otherwise provided in a special agreement: Provided, That the same shall not apply where the purchaser gives a written notice of the grounds for delay and a planned shipping date before the agreed shipping date. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries may determine and spread a standard form of contract for lump sum transactions under paragraph (1), and encourage the use thereof, and the parties to a contract shall enter into a contract in accordance with a standard form of contract. <Amended by Act No. 11349, Feb. 22, 2012> |
| (4) |
When it is deemed particularly necessary to protect both producers and consumers, and stabilize prices and the supply and demand of agricultural products, the Minister for Food, Agriculture, Forestry and Fisheries or the head of a local government may require parties to a contract for lump sum transactions to file a report with respect to the terms and conditions of such contract, by determining items and areas subject to such report and a period for filing such report. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER V AGRICULTURAL PRODUCT PRICE STABILIZATION FUND
law view
| Article 54 (Establishment of Fund) |
|
The Government shall establish the Agricultural Product Price Stabilization Fund (hereinafter referred to as the "Fund") to secure financial resources in order to facilitate the supply and demand of agricultural products (including livestock products and forestry products; hereafter the same shall apply in this Chapter), to promote the stabilization of prices, and to improve the distribution structure.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 55 (Raising Funds) |
|
| (1) |
The Fund shall be raised from the following financial resources: |
| 1. |
Contributions from the Government; |
| 2. |
Proceeds earned from the operation of the Fund; |
| 3. |
Money paid to the Fund in accordance with Articles 9-2 (3) and 16 (2) and the provisions of other Acts; |
| 4. |
Contributions from other Funds. |
| (2) |
When the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary for operating the Fund, he/she may borrow money from the Bank of Korea or other Funds, at the cost of the Fund. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 56 (Operation and Management of Fund) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall operate and manage the Fund according to the National Accounting Principles. <Amended by Act No. 10886, Jul. 21, 2011> |
| (2) |
Deleted. <by Act No. 7275, Dec. 31, 2004> |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries may delegate or entrust some of his/her duties concerning the operation and management of the Fund to the president of the Korea Seed and Variety Service and the president of the Korea Agro-Fisheries and Food Trade Corporation, as prescribed by Presidential Decree. <Amended by Act No. 10886, Jul. 21, 2011; Act No. 10932, Jul. 25, 2011> |
| (4) |
Except as provided for in this Act, matters necessary for the operation and management of the Fund shall be prescribed by Presidential Decree. <Amended by Act No. 10886, Jul. 21, 2011> |
law view
| Article 57 (Uses of Fund) |
|
| (1) |
The Fund may finance and lend money, if necessary for the following projects: <Amended by Act No. 11350, Feb. 22, 2012> |
| 1. |
Price adjustment of agricultural products and the encouragement or adjustment of production or shipment; |
| 2. |
Promotion of export of agricultural products; |
| 3. |
Storage, management and processing of agricultural products; |
| 4. |
Promotion of shipment, settlement of accounts for payments, operation and setting up facilities of wholesale markets, joint markets, privately-operated wholesale markets and auction-type collection centers (referring to a collection center in which agricultural or fishery products are sold by method of auction or bidding under Article 33 among agricultural or fishery product collection centers under Article 50); |
| 5. |
Improvement in the marketability of agricultural products; |
| 6. |
Other projects the Minister for Food, Agriculture, Forestry and Fisheries deems necessary for the improvement in distribution structure, the stabilization of prices of agricultural products and the promotion of the seed industry. |
| (2) |
The Fund shall be used for the following projects: <Amended by Act No. 11350, Feb. 22, 2012; Act No. 11458, Jun. 1, 2012> |
| 3. |
The installation, acquisition and operation of distribution facilities managed by the Fund; |
| 4. |
Support for projects for modernizing the facilities of wholesale markets; |
| 5. |
Other projects necessary for improvements in distribution structure, the stabilization of prices of agricultural products prescribed by Presidential Decree and the promotion of the seed industry. |
| (3) |
A person who may be financed by the Fund under paragraph (1) shall be the National Agricultural Cooperative Federation, the National Forestry Cooperatives Federation and the Korea Agro-Fisheries and Food Trade Corporation, and a person who may receive a loan shall be a person recognized by the Minister for Food, Agriculture, Forestry and Fisheries that he/she can efficiently carry out projects under the subparagraphs of paragraph (1). <Amended by Act No. 10932, Jul. 25, 2011> |
| (4) |
Any person who has been financed by or received a loan from the Fund shall be prohibited from using such finance or loan for other than prescribed purposes. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 58 (Accounting Organ of Fund) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall appoint a Fund revenue collection officer, Fund financial officer, Fund disbursing officer and Fund accounting official from among public officials under his/her jurisdiction to carry out affairs concerning revenues and expenditures for the Fund. |
| (2) |
Where the Minister for Food, Agriculture, Forestry and Fisheries delegates or entrusts some of the duties concerning the operation and management of the Fund under Article 56 (3), he/she shall appoint a Fund revenue collection officer or officer taking charge of the Fund revenue, Fund financial officer or officer taking charge of the causative acts of the Fund expenditure, Fund disbursing executive or Fund disbursing employee, and Fund accounting official or Fund accounting employees, from among the public officials or the officers and employees of the agency to which the said duties were delegated or entrusted, respectively. In such cases, the officer taking charge of the Fund revenue, officer taking charge of the causative acts of the Fund expenditure, Fund disbursing employee and Fund accounting employee shall carry out the duties of the Fund revenue collection officer, Fund financial officer, Fund disbursing officer, and Fund accounting official, respectively. |
| (3) |
Where the Minister for Food, Agriculture, Forestry and Fisheries appoints a Fund revenue collection officer, Fund financial officer, Fund disbursing officer, Fund accounting official, officer taking charge of the Fund revenue, officer taking charge of the causative acts of the Fund expenditure, Fund disbursing employee and Fund accounting employee under paragraphs (1) and (2), he/she shall notify the Board of Audit and Inspection, the Minister of Strategy and Finance and the Governor of the Bank of Korea thereof. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 59 (Deductible Expenses of Fund) |
|
Where any of the following expenses are incurred, the Minister for Food, Agriculture, Forestry and Fisheries shall treat such expenses as deductible expenses of the Fund: <Amended by Act No. 11458, Jun. 1, 2012>
| 2. |
Interests on borrowings, and necessary expenses incurred in the operation of the Fund. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 60 (Plans for Operation of Fund) |
|
| (2) |
A plan for operation of the Fund under paragraph (1) shall contain the following: |
| 1. |
Matters concerning revenues and expenditure of the Fund; |
| 2. |
Matters concerning purposes, persons eligible, interest rate and period for financing or lending; |
| 3. |
Other matters necessary for the operation of the Fund. |
| (3) |
A period for financing under paragraph (2) 2 shall not exceed one year: Provided, That this shall not apply where it is deemed inappropriate to fix the period for financing not exceeding one year in the light of the purpose of using money, such as financing for facilities. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 60-2 (Operation of Surplus Funds) |
|
The Minister for Food, Agriculture, Forestry and Fisheries may appropriate surplus funds of the Fund for any of the following purposes:
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 61 (Report on Settlement of Accounts) |
|
The Minister for Food, Agriculture, Forestry and Fisheries shall prepare a report on the settlement of accounts of the Fund each fiscal year and submit the report to the Minister of Strategy and Finance by no later than the end of February of the following fiscal year.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER VI UPGRADES OF AGRICULTURAL AND FISHERY PRODUCTS DISTRIBUTION ORGANIZATIONS
law view
| Article 62 (Basic Policy for Upgrades) |
|
Where it is deemed necessary to ensure a smooth supply and demand of agricultural and fishery products and establish order in distribution of such products, the Minister for Food, Agriculture, Forestry and Fisheries may formulate a basic policy for upgrading the distribution structure for agricultural and fishery products (hereinafter referred to as the "basic policy") which contains the following matters and publish the basic policy:
| 1. |
Matters relating to the upgrades of the facilities of wholesale markets, joint markets and privately-operated wholesale markets, which are deemed not meeting facility standards under Article 67 (2) or as being insufficient in the light of their trade volumes; |
| 2. |
Matters relating to the replacement and relocation of the facilities of wholesale markets, joint markets and privately-operated wholesale markets; |
| 3. |
Matters relating to the prevention of price manipulations by intermediary wholesalers and certified auctioneers; |
| 4. |
Matters relating to the establishment of a competitive service system of the distribution structure and the shortening of distribution channels to protect both producers and consumers; |
| 5. |
Matters relating to the upgrades of wholesale markets whose business performance has been poor or whose operation has been in suspension, and the replacement of wholesale market corporations or wholesalers at the market; |
| 6. |
Matters relating to the improvements of retailers' facilities. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 63 (Upgrade Plan by Area) |
|
| (1) |
When a basic policy is published, the competent Mayor/Do Governor shall formulate and implement an upgrade plan by area in line with the basic policy after obtaining approval from the Minister for Food, Agriculture, Forestry and Fisheries. |
| (2) |
When details of the upgrade plan by area referred to in paragraph (1) are deemed incompatible with the basic policy, or the upgrade plan is deemed ineffective due to a change in circumstances, the Minister for Food, Agriculture, Forestry and Fisheries may grant approval after partially revising or supplementing the upgrade plan. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 64 (Upgrades of Similar Wholesale Markets) |
|
| (1) |
Where it is necessary to establish a fair trading order of agricultural and fishery products, the competent Mayor/Do Governor may designate a zone for similar wholesale markets to upgrade wholesale markets similar to agricultural or fishery product wholesale markets, and formulate and implement an upgrade plan to improve the transaction methods of agricultural and fishery products by wholesalers, improve facilities and relocate such similar wholesale market, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (2) |
A Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si may set up a wholesale market in the zone for similar wholesale markets according to an upgrade plan under paragraph (1), and designate wholesalers of agricultural or fishery products in such zone as a wholesale market corporation or wholesaler at the market and permit them to conduct their business in such wholesale market. <Amended by Act No. 11349, Feb. 22, 2012> |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries may have the competent Mayor/Do Governor revise or supplement the details of an upgrade plan under paragraph (1), and provide support necessary for implementing the upgrade plan. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 65 (Orders to Set up or Upgrade Markets) |
|
| (1) |
When the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary for effectively implementing the basic policy, he/she may order those who set up wholesale markets, joint markets and privately-operated wholesale markets to merge, relocate or close down their markets, as prescribed by Presidential Decree. |
| (2) |
When Minister for Food, Agriculture, Forestry and Fisheries deems it necessary to set up or restrict a wholesale market or joint market in a specific area in order to facilitate the supply and demand of agricultural and fishery products, he/she may recommend a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si which has jurisdiction over such area, or an agricultural, forestry or fisheries cooperative, etc. or public benefit corporation to set up or restrict such wholesale market or joint market. <Amended by Act No. 11349, Feb. 22, 2012> |
| (3) |
The Government shall properly compensate any loss incurred by an order under paragraph (1) to a person who sets up a wholesale market, joint market or privately-operated wholesale market or any wholesale market corporation, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 66 (Vicarious Execution for Wholesale Market Corporation) |
|
| (1) |
When a wholesale market corporation is deemed unable to carry out its sales business, a person who sets up a wholesale market may vicariously carry out such business or get a management corporation or other wholesale market corporation to vicariously carry out such business. |
| (2) |
Business process standards for any person who vicariously performs sales business of any wholesale market corporation pursuant to paragraph (1) and other matters necessary for such performance shall be determined by a person who sets up a wholesale market. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 67 (Improvements of Distribution Facilities) |
|
| (1) |
For the smooth distribution of agricultural or fishery products, the Minister for Food, Agriculture, Forestry and Fisheries may order a person who sets up a wholesale market, joint market and privately-operated wholesale market or any wholesale market corporation to improve and upgrade the facilities used for sale, transportation, custody and storage of agricultural or fishery products. |
| (2) |
Standards for the facilities installed in any wholesale market, joint market and privately-operated wholesale market shall be prescribed by category by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries in consideration of the population and trading volume of the area concerned. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 68 (Improvements of Retail Distribution of Agricultural and Fishery Products) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries or the heads of local governments may establish and implement policies to reasonably improve the retail distribution channels of agricultural or fishery products to protect both producers and consumers and establish a commercial trading order of such products. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries shall, in order to implement policies under paragraph (1), support and facilitate the intermediate wholesale and retail business of agricultural or fishery products, the direct trade business between producers and consumers, the direct sales stores of agricultural or fishery products, which are run by the producers' organizations and other organizations prescribed by Presidential Decree and the modernization of retail facilities, etc., as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (3) |
Where retailers of agricultural or fishery products, etc. under paragraph (2) organize a cooperative to improve the distribution of agricultural or fishery products and promote their common interests, the Minister for Food, Agriculture, Forestry and Fisheries or the heads of local governments may provide conveniences for their use of wholesale markets and joint markets. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 69 (Establishment of Integrated Distribution Centers) |
|
| (1) |
The State or a local government may establish an integrated distribution center and entrust the operation thereof to a producers' organization or specialized distribution business. |
| (2) |
The State or a local government may provide assistance necessary for securing a site and installing facilities to any person who intends to establish an integrated distribution center. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries or the head of a local government may recommend that any operator of an integrated distribution center improve operational methods and services he/she renders to farmers and fishermen who put their agricultural or fishery products on such center for sale and that any user of such center observe user guide for the purpose of making integrated distribution centers efficiently function. |
| (4) |
Where any person who operates an integrated distribution center under paragraph (1) and any other person who operates an integrated distribution center after getting assistance under paragraph (2) fail to comply with the recommendation given under paragraph (3), the Minister for Food, Agriculture, Forestry and Fisheries or the head of a local government may order him/her to take measures necessary to improve his/her operational methods and services he/she renders to farmers and fishermen who put their agricultural or fishery products on such center, etc. for sale for a fixed period. |
| (5) |
Matters necessary for setting up any integrated distribution center and the facilities and operation of such center shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 70 (Incorporation of Subsidiary Distribution Company) |
|
| (1) |
Where it is necessary for the promotion of efficient distribution of agricultural or fishery products, an agricultural, forestry or fisheries cooperative, etc. may incorporate a separate company (hereinafter referred to as "subsidiary distribution company") that operates an integrated distribution center and a joint market in the wholesale market, and carries out distribution business. |
| (2) |
Any subsidiary distribution company referred to in paragraph (1) shall be a company incorporated under the Commercial Act. |
| (3) |
The State or a local government may provide necessary support for the smooth operation of subsidiary distribution companies. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 70-2 (Promotion, etc. of Electronic Commerce of Agricultural and Fishery Products) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries may have the Korea Agro-Fisheries and Food Trade Corporation conduct the following affairs in order to promote the electronic commerce of agricultural or fishery products: <Amended by Act No. 10932, Jul. 25, 2011> |
| 1. |
Establishment, operation and management of an electronic commerce center for agricultural and fishery products (including electronic commerce equipment for agricultural and fishery products, and incidental facilities, such as a logistics center); |
| 2. |
Registration, examination and administration of sellers and buyers participating in electronic commerce of agricultural and fishery products; |
| 3. |
Support for the operation of the Dispute Mediation Committee on Electronic Commerce of Agricultural and Fishery Products under Article 70-3; |
| 4. |
Operation and management of the office of settlement of accounts to support making payments; |
| 5. |
Providing distribution information service about electronic commerce of agricultural and fishery products; |
| 6. |
Other affairs necessary for electronic commerce of agricultural and fishery products. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may render necessary support for revitalizing the electronic commerce of agricultural and fishery products within budgetary limits. |
| (3) |
Except as provided for in paragraphs (1) and (2), matters necessary for electronic commerce of agricultural and fishery products, such as trading items, trading commission and method of settlement, shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 70-3 (Establishment of Dispute Mediation Committee on Electronic Commerce of Agricultural and Fishery Products) |
|
| (1) |
The Dispute Mediation Committee on Electronic Commerce of Agricultural and Fishery Products (hereafter referred to as the "Dispute Mediation Committee" in this Article) shall be established in the Korea Agro-Fisheries and Food Trade Corporation in order to mediate disputes concerning electronic commerce of agricultural and fishery products under Article 70-2 (1). <Amended by Act No. 10932, Jul. 25, 2011> |
| (2) |
The Dispute Mediation Committee shall be comprised of nine members, including a chairperson, and its members shall be appointed or commissioned by the Minister for Food, Agriculture, Forestry and Fisheries, and the chairperson shall be elected among its members. |
| (3) |
Except as provided for in paragraphs (1) and (2), matters necessary for the composition and operation of the Dispute Mediation Committee, such as qualifications for and term of office of its members, exclusion, challenge and abstention of its members, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 71 Deleted. <by Act No. 8178, Jan. 3, 2007> |
|
law view
| Article 72 (Promotion of Distribution Informatization) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall support projects related to the informatization of distribution of agricultural and fishery products to contribute to enhancing the distribution efficiency of agricultural and fishery products through the smooth collection, processing and propagation of distribution information. |
| (2) |
In order to promote informatization projects under paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries may directly upgrade information infrastructure, conduct education for informatization, and implement publicity projects, or provide support necessary therefor. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 73 (Financial Support) |
|
The Government may provide a person who sets up a wholesale market, joint market and privately-operated wholesale market with loans or subsidies within budgetary limits to improve the distribution structure of agricultural and fishery products and to develop distribution establishments.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 74 (Maintenance of Order in Transactions) |
|
| (1) |
No person shall violate the normal trade in the wholesale market and the standards for using facilities determined and announced by a person who sets up a wholesale market, or undermine the proper maintenance of sanitation and environment. In such cases, the person who sets up a wholesale market shall take measures necessary to maintain order in transactions at the wholesale market. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries, a Do Governor or a person who sets up a wholesale market may have his/her officials crack down any person violating this Act, as prescribed by Presidential Decree. |
| (3) |
Any official in charge of cracking down the violation of paragraph (2) shall carry certificates indicating his/her authority and produce them to persons concerned. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 75 (Education and Training, etc.) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries may conduct education and training for certified auctioneers, intermediary wholesalers, etc. or other persons engaged in distribution prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries to facilitate improving the distribution of agricultural and fishery products. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may entrust the conduct of education and training referred to in paragraph (1) to institutions prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 76 (Investigations of Actual Status, etc.) |
|
When the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary to efficiently operate and manage a wholesale market, he/she may have any corporation, etc. prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries investigate the actual status of such wholesale market or guide such wholesale market with respect to its operation and management.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 77 (Conducting Assessment) |
|
| (1) |
A person who sets up a wholesale market shall conduct assessment on the operation and management, such as the improvement of a transaction system and logistics system of the relevant wholesale market, and the business management, such as the business performance and financial soundness of wholesale market corporations, joint markets in the wholesale market, wholesalers at the market, etc. <Amended by Act No. 11349, Feb. 22, 2012> |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries shall conduct central assessment by integrating the results of assessments under paragraph (1). |
| (3) |
A person who sets up a wholesale market may take measures, such as the adjustment of the area being used for facilities and differential support, against wholesale market corporations, wholesalers at the market and intermediary wholesalers taking into account the result of assessments under paragraph (1), the size of facilities, the volume of business, etc. |
| (4) |
The Minister for Food, Agriculture, Forestry and Fisheries may issue orders or make recommendations as follows to a person who sets up a wholesale market according to the result of central assessment under paragraph (2): <Amended by Act No. 11349, Feb. 22, 2012> |
| 1. |
Orders to correct inactive matters; |
| 2. |
Recommendations to entrust the management of an inactive wholesale market to the management corporation or the Korea Agro-Fisheries and Food Trade Corporation; |
| 3. |
Orders to take measures, such as the adjustment of the area being used for facilities and differential support, against wholesale market corporations, wholesalers in the market and joint markets in the wholesaler market. |
| (5) |
Matters concerning assessments referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 78 (Establishment of Market Management and Operation Committee) |
|
| (1) |
For the efficient operation and management of a wholesale market, a person who sets up the wholesale market shall establish a market management and operation committee (hereinafter referred to as "committee") under his/her control. <Amended by Act No. 10886, Jul. 21, 2011> |
| (2) |
Deleted. <by Act No. 9178, Dec. 26, 2008> |
| (3) |
The committee shall deliberate on the following matters: <Amended by Act No. 10886, Jul. 21, 2011> |
| 1. |
Matters concerning the selection of trade systems and methods in the wholesale market; |
| 2. |
Matters concerning the determination of various expenses, such as fees, user fees, loading and unloading charges, etc.; |
| 3. |
Matters concerning the safety improvement and the promotion of standardization of goods put on the wholesale market for sale; |
| 4. |
Matters concerning the establishment of trade order in the wholesale market; |
| 5. |
Matters concerning standards for the methods of trading agricultural or fishery products, such as transactions at a fixed price and free transactions; |
| 6. |
Matters concerning the determination of standard of the minimum shipping volume; |
| 7. |
Other matters that a person who sets up the wholesale market deems particularly necessary. |
| (4) |
Matters necessary for the composition, operation, etc. of a committee shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 10886, Jul. 21, 2011> |
law view
| Article 78-2 (Establishment, 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") shall be established under the control of a person who sets up a wholesale market in order to mediate the matters concerning the parties to the trade of agricultural and fishery products within the wholesale market. |
| (2) |
A mediation committee shall deliberate on and mediate the following disputes upon request by either or both of the parties: |
| 1. |
Disputes concerning decision on a successful bidder; |
| 2. |
Disputes concerning the price of successful bidding; |
| 3. |
Disputes concerning the payment of trade cost; |
| 4. |
Other disputes that a person who sets up a wholesale market deems particularly necessary. |
| (3) |
Matters necessary for the composition and operation of a mediation committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER VII SUPPLEMENTARY PROVISIONS
law view
| Article 79 (Reporting) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/Do Governor may have a person who sets up a wholesale market, joint market or privately-operated wholesale market report its assets and the current status of the management of business, and have a wholesale market corporation report its assets and the current status of the management of business when he/she deems particularly necessary for the stabilization of prices and supply and demand of agricultural and fishery products. <Amended by Act No. 11349, Feb. 22, 2012> |
| (2) |
A person who sets up a wholesale market, joint market or privately-operated wholesale market may have a wholesale market corporation or wholesaler in the market report matters entered in the books of account and details of transactions, etc., and have an intermediary wholesaler or local distributor report the current status of the management of business when he/she deems particularly necessary for the stabilization of prices and supply and demand of agricultural and fishery products. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 80 (Inspections) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or a person who sets up a wholesale market may have public officials under his/her control inspect the business of wholesale markets, joint markets, privately-operated wholesale markets and wholesale market corporations, and the books of account and the financial standing related thereto. <Amended by Act No. 11349, Feb. 22, 2012> |
| (2) |
Where a person who sets up a wholesale market deems it necessary, he/she may have employees under the control of the market manager inspect the books of account kept by wholesale market corporations and wholesalers in the market. |
| (3) |
Article 74 (3) shall apply mutatis mutandis to public officials who conduct inspections pursuant to paragraph (1) and employees who conduct inspections pursuant to paragraph (2). |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 81 (Orders) |
|
| (1) |
When it is deemed necessary to properly operate any wholesale market, joint market and privately-operated wholesale market, the Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/Do Governor may order a person who sets up a wholesale market, joint market and privately-operated wholesale market to amend business regulations, improve the conduct of business and take other necessary measures. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries and a person who sets up a wholesale market may order wholesale market corporations and wholesalers in the market to take measures necessary for the improvement in conducting business and maintaining order in the market. <Amended by Act No. 11349, Feb. 22, 2012> |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries may order any person who has been financed by or received a loan from the Fund to take necessary measures for oversight purposes. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 82 (Cancellation of Permission, etc.) |
|
| (1) |
Where a person who sets up a local wholesale market (only applicable to cases where a Si sets up the local wholesale market) or a privately-operated wholesale market falls under any of the following, the competent Mayor/Do Governor may cancel permission to set up such market, close down the relevant facilities or take other necessary measures: <Amended by Act No. 11349, Feb. 22, 2012> |
| 1. |
Where a person sets up a local wholesale market or privately-operated wholesale market or amends the business regulations without permission or approval under Article 17 (1) (proviso) and (5) or 47 (1) and (3); |
| 2. |
Where a person who sets up a local wholesale market or privately-operated wholesale market operates such market different from the business regulations and an operation and management plan submitted pursuant to Articles 17 (3) and 47 (2); |
| 3. |
Where a person who sets up a local wholesale market or privately-operated wholesale market violates an order under Article 40 (3) or 81 (1). |
| (2) |
Where a wholesale market corporation, a wholesaler at the market or a person who sets up a joint market in the wholesale market (hereinafter referred to as "wholesale market corporation, etc.") falls under any of the following, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or a person who sets up a wholesale market may issue an order to suspend the relevant business for a fixed period of up to six months or cancel the designation or approval thereof: |
| 1. |
When it violates the conditions of designation or approval; |
| 3. |
When it engages in the competing wholesale business or intermediate wholesale business, in violation of Article 23 (2); |
| 4. |
When it fails to meet the requirements for designation, in violation of Article 23 (3) 5 or (4), or fails to dismiss the relevant executive, in violation of paragraph (5) of the same Article; |
| 5. |
When it fails to employ certified auctioneers more than the specified number or requests a person who is not a certified auctioneer to conduct auction, in violation of Article 27 (1); |
| 6. |
When it fails to dismiss the relevant certified auctioneer, in violation of Article 27 (3); |
| 7. |
When it conducts business of a local distributor, in violation of Article 29 (2); |
| 8. |
When it wholesales agricultural or fishery products it has purchased, in violation of Article 31 (1); |
| 9. |
When it trades agricultural or fishery products at a fixed price or free trade, in violation of Article 32; |
| 10. |
When it conducts auction or bidding, in violation of Article 33 (1); |
| 11. |
When it sells agricultural or fishery products to a person other than the designated person, in violation of Article 34; |
| 12. |
When it sells agricultural or fishery products in a place other than wholesale markets or concurrently operates business with the sale of agricultural or fishery products, in violation of Article 35; |
| 13. |
When it fails to give public notice or announces a false fact, in violation of Article 35-2; |
| 14. |
When it fails to meet the requirements for designation, in violation of Article 36 (2) 5 or fails to dismiss the relevant executive, in violation of paragraph (3) of the same Article; |
| 15. |
When it performs a restricted or prohibited act, in violation of Article 37 (1); |
| 16. |
When it sells agricultural or fishery products to a wholesale market corporation or intermediary wholesaler of the relevant wholesale market, in violation of Article 37 (2); |
| 17. |
When it refuses or avoids consignment or sale or gives unfavorable treatment to traders, in violation of Article 38; |
| 18. |
When it fails to pay standard loading and unloading charges under Article 40 (2); |
| 19. |
When it fails to make all payments without delay, in violation of Article 41 (1); |
| 20. |
When it violates the method of payment under Article 41 (2); |
| 21. |
When it collects fees, etc. in violation of Article 42; |
| 22. |
When it fails to meet the standards for use of facilities or fails to comply with measures taken by a person who sets up the wholesale market, in violation of Article 74 (1); |
| 23. |
When it fails to receive an inspection under Article 80 without just cause, or interferes with such inspections; |
| 24. |
When it fails to comply with an order to take measures issued by a person who sets up the wholesale market under Article 81 (2); |
| 25. |
Where it violates an order issued by the Minister for Food, Agriculture, Forestry and Fisheries or a person who sets up the wholesale market under paragraph (4). |
| (3) |
Where it is apprehended to cause serious harm to the protection of shippers when the performance of operation as a result of assessment under Article 77 has fallen below the standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, a person who sets up a wholesale market may revoke the designation of the wholesale market corporation or wholesaler at the market, and the competent Mayor/Do Governor may revoke approval of the joint wholesale market. |
| (4) |
Where a certified auctioneer has thrown orderly trade in a wholesale market into confusion by conducting the duties in Article 28 (1) unjustly, the Minister for Food, Agriculture, Forestry and Fisheries or a person who sets up the wholesale market may have the wholesale market corporation or a person who sets up the joint wholesale market issue an order to suspend business for a fixed period of up to six months or dismissal from office to the relevant certified auctioneer. |
| (5) |
Where an intermediary wholesaler (only applicable to an intermediary wholesaler under Articles 25 and 46; hereinafter the same shall apply) or local distributor falls under any of the following, a person who sets up a wholesale market may order him/her to suspend the relevant business for a fixed period of up to six months, or cancel permission of intermediate wholesale business or the registration of the local distributor: <Amended by Act No. 11349, Feb. 22, 2012> |
| 1. |
When he/she fails to meet requirements for permission, in violation of Article 25 (3) 1 through 4 or 6, or fails to dismiss the relevant executive, in violation of paragraph (4) of the same Article; |
| 2. |
When he/she interferes with the participation of another intermediary wholesaler or trade participant in trade or does not participate in auction or bidding collectively without good cause, in violation of Article 25 (5); |
| 3. |
When he/she conducts business of a local distributor in the relevant wholesale market, in violation of Article 29 (2); |
| 4. |
When he/she sells, purchases, or brokers the trade of, agricultural or fishery products, in violation of Article 29 (4); |
| 5. |
When he/she trades agricultural or fishery products, other than those put on the market for sale without permission, in violation of Article 31 (2); |
| 6. |
When an intermediary wholesaler sells agricultural or fishery products in a place other than the wholesale market, in violation of Article 31 (3); |
| 7. |
When he/she collects fees, etc., in violation of Article 42; |
| 8. |
When he/she fails to meet standards for use of facilities or fails to comply with measures taken by a person who sets up the wholesale market, in violation of Article 74 (1); |
| 9. |
When he/she fails to receive an inspection under Article 80 without just cause or interferes with such inspection. |
| (6) |
The criteria for punishment on each offense provided for in paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (7) |
Where a person who sets up a wholesale market has cancelled permission of intermediary wholesale business pursuant to paragraph (5), he/she shall post a notice of the details thereof on the Internet website designated and announced by the Minister for Food, Agriculture, Forestry and Fisheries. <Newly Inserted by Act No. 11349, Feb. 22, 2012> |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 83 (Penalty Surcharges) |
|
| (1) |
Where the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor, or a person who sets up a wholesale market intends to issue an order to suspend business to a wholesale market corporation, etc. falling under Article 82 (2) or an intermediary wholesaler falling under Article 82 (5), he/she may impose a penalty surcharge not exceeding 100 million won on such wholesale market corporation or not exceeding ten million won on such intermediary wholesaler in substitution for the suspension of business when the suspended business is feared to cause great inconveniences to the customers, etc. of such business or harm the public interest. |
| (2) |
Where a penalty surcharge is imposed pursuant to paragraph (1), the following matters shall be considered: |
| 1. |
Details and degree of violations; |
| 2. |
Period and frequency of violations; |
| 3. |
Size of gains obtained through violations. |
| (3) |
The criteria for imposing penalty surcharges under paragraph (1) shall be prescribed by Presidential Decree. |
| (4) |
Where a person liable to pay a penalty surcharge under paragraph (1) fails to do so by the deadline for the payment, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor, or a person who sets up a wholesale market shall collect such penalty surcharge in the same matter as disposition on default of national or local taxes. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 84 (Hearings) |
|
When the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or a person who sets up a wholesale market intends to take any of the following measures, he/she shall hold a hearing:
| 1. |
Cancellation of approval or designation of a wholesale market corporation, etc. under Article 82 (2) and (3); |
| 2. |
Cancellation of permission of intermediary wholesale business or registration of a local distributor under Article 82 (5). |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 85 (Delegation of Authority, etc.) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries may partially delegate his/her authority under this Act to the heads of agencies under his/her jurisdiction or the competent Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) |
A person who sets up a wholesale market may entrust the following authority to a market manager, as prescribed by Presidential Decree: |
| 1. |
Registration of a local distributor under Article 29 (including cases applied mutatis mutandis pursuant to Article 46 (3)) and the prohibition and limitations on access to any wholesale market and other necessary measures; |
| 2. |
Orders issued to any wholesale market corporation, wholesaler at the market, intermediary wholesaler, or local distributor to file a report under Article 79 (2). |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
CHAPTER VIII PENAL PROVISIONS
law view
| Article 86 (Penal Provisions) |
|
Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won: <Amended by Act No. 11349, Feb. 22, 2012>
| 1. |
A person who sets up a local wholesale market or privately-operated wholesale market for wholesaling agricultural and fishery products without obtaining permission under Article 17 or 47 in the area where a wholesale market had been set up or in the jurisdiction of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si where a joint market or privately-operated wholesale market had been set up; |
| 2. |
A person who conducts business of a wholesale market corporation without obtaining designation under Article 23 (1) or after the expiration of the period of validity of designation; |
| 3. |
A person who conducts business of an intermediary wholesaler without obtaining permission under Article 25 (1) (including cases applied mutatis mutandis pursuant to Article 46 (2)); |
| 4. |
A person who conducts business of a local distributor without filing for registration under Article 29 (1) (including cases applied mutatis mutandis pursuant to Article 46 (3)); |
| 5. |
A person who sells agricultural or fishery products at a place other than a wholesale market, in violation of Article 35 (1), or concurrently conducts another business with the sale of agricultural or fishery products, in violation of paragraph (4) of the same Article; |
| 6. |
A person who conducts business of a wholesaler in the wholesale market without obtaining designation under Article 36 (1) or after the expiration of the period of validity of designation; |
| 7. |
A person who sets up a joint market without having obtained approval under Article 43 (1); |
| 8. |
A person who continues to conduct business though he/she has been ordered to suspend business under Article 82 (2) or (5). |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 87 (Penal Provisions) |
|
Any person who has used imported agricultural and fishery products for a purpose, other than those determined when he/she filed an application for recommendation of import pursuant to Article 15 (3) shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 88 (Penal Provisions) |
|
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 11349, Feb. 22, 2012>
| 1. |
Deleted; <by Act No. 11349, Feb. 22, 2012> |
| 2. |
A person who acquires by transfer, or merges another wholesale market corporation, in violation of Article 23-2 (1) (including cases applied mutatis mutandis pursuant to Article 25-2 or 36-2); |
| 3. |
A person who interferes with the participation of another intermediary wholesaler or trade participant in trade, in violation of Article 25 (5) (including cases applied mutatis mutandis pursuant to Article 46 (2)), or does not participate in auction or bidding collectively without good cause; |
| 4. |
A person who appoints or dismisses a certified auctioneer, in violation of Article 27 (2) and (3); |
| 5. |
A person who conducts business of a local distributor, in violation of Article 29 (2) (including cases applied mutatis mutandis pursuant to Article 46 (3)); |
| 6. |
A person who sells, purchases or brokers the trade of agricultural or fishery products in addition to shipment, in violation of Article 29 (4) (including cases applied mutatis mutandis pursuant to Article 46 (3)); |
| 7. |
A person who purchases or is consigned by deception, in violation of Article 31 (1) or trades agricultural or fishery products other than those put on the market for sale, in violation of Article 31 (2) (including cases applied mutatis mutandis pursuant to Article 46 (1) or (2)); |
| 8. |
A person who trades consigned agricultural or fishery products, in violation of restrictions or prohibition under the proviso to Article 37 (1); |
| 9. |
A person who sells agricultural or fishery products to a wholesale market corporation or intermediary wholesaler in the relevant wholesale market, in violation of Article 37 (2); |
| 10. |
A person who collects money, such as fees, in violation of Article 42 (1) (including cases applied mutatis mutandis pursuant to Article 31 (3), the main sentence of Article 45, Article 46 (1) and (2), 48 (5) or the main sentence of paragraph (6) of the same Article); |
| 11. |
A person who violates an order to take necessary measures under Article 69 (4). |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 89 (Joint Penal Provisions) |
|
When the representative of a corporation or an agent, employee or other servant of a corporation or individual commits an offence under Articles 86 through 88 in connection with the business of the corporation or individual, not only shall such violator be punished, but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided
, That this shall not apply where the corporation or individual has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation.
[This Article Wholly Amended by Act No. 9178, Dec. 26, 2008]
law view
| Article 90 (Administrative Fines) |
|
| (1) |
Any of the following persons shall be punished by an administrative fine not exceeding ten million won: <Amended by Act No. 11349, Feb. 22, 2012> |
| 1. |
A person who violates an order to adjust distribution under Article 10 (2); |
| 2. |
A purchaser who makes a false indication as a standard form contract while using a form contract different from the standard form contract referred to in Article 53 (3) or uses the name of the Ministry for Food, Agriculture, Forestry and Fisheries or the mark thereof. |
| (2) |
Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 11349, Feb. 22, 2012> |
| 1. |
A purchaser who enters into a contract for lump sum transactions not in writing, in violation of Article 53 (1); |
| 2. |
A person who evades the crackdown under Article 74 (2); |
| 3. |
A person who fails to submit a report under Article 79 (1) or submits a false report. |
| (3) |
Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 11349, Feb. 22, 2012> |
| 1. |
A person who fails to report the appointment or dismissal of a certified auctioneer, in violation of Article 27 (4); |
| 2. |
A person who refuses or interferes with measures, such as restrictions on access to a wholesale market or joint market, in violation of Article 29 (5) (including cases applied mutatis mutandis pursuant to Article 46 (3)); |
| 3. |
A person who makes shipment (including where he/she makes shipment in the name of another person), in violation of restrictions on shipment under Article 38-2 (2); |
| 3-2. |
A seller who enters into a contract for lump sum transactions not in writing, in violation of Article 53 (1); |
| 4. |
A person who violates normal trade in a wholesale market and standards for use of facilities, or interferes with the maintenance of proper sanitation and environment, in violation of the former part of Article 74 (1) (excluding a wholesale market corporation, a wholesaler at a market, a person who sets up a joint market in a wholesale market, and an intermediary wholesaler); |
| 5. |
A person who fails to submit a report under Article 79 (2) (excluding a report to a person who sets up a joint market or privately-operated wholesale market) or submits a false report; |
| 6. |
A person who violates an order under Article 81 (3). |
| (4) |
The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor, or the head of a Si shall impose and collect administrative fines under paragraphs (1) through (3), as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10886, Jul. 21, 2011]
law view
| Article 91 Deleted. <by Act No. 9178, Dec. 26, 2008> |
|
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on June 1, 2000: Provided, That the same shall not apply to the following cases:
| 1. |
The provisions of Articles 13, 54 and 57 shall respectively enter into force on the date of its promulgation; |
| 2. |
The portion to which the main text of Article 41 (2) is applied mutatis mutandis, from among Article 31 (3), and the provisions of Article 40 (2) shall enter into force on January 1, 2002; and |
| 3. |
Matters concerning the posting of market wholesalers in any central wholesale market under the main text of Article 22 may enter into |
force on the date prescribed by Presidential Decree within the limit of two years beginning January 1, 2004 taking into account the trade system and the upgrades of facilities in the central wholesale market and the operation records of local wholesale markets.
Article 2 (Transitional Measures for Management of Wholesale Market by Local Corporation and Public-Invested Corporation)
Any local corporation established under the Local Public Enterprises Act and any public-invested corporation which is entrusted by the opener of a wholesale market to manage the wholesale market under the former provisions at the time when this Act enters into force shall be deemed to be designated as a market manager under Article 21 (1).
Article 3 (Transitional Measures for Collectors)
Any collector who has registered himself with the opener of any wholesale market under the former provisions at the time when this Act enters into force shall be deemed to register himself as a local distributor under Article 29 (1) (including the case where the provisions are applied mutatis mutandis
under Articles 44 (3) and 46 (3)).
Article 4 (Transitional Measures for Physical Distribution Center for Agricultural and Fishery Products)
Any physical distribution center for agricultural and fishery products established under the former provisions at the time when this Act enters into force shall be deemed an integrated distribution center for agricultural and fishery products established under Article 69.
Article 5 (Transitional Measures for Association of Wholesale Market Corporations for Agricultural and Fishery Products)
| (1) |
The Association of Wholesale Market Corporations for Agricultural and Fishery Products established under the former provisions of Article 38 (hereafter in this Article referred to as the "Association") at the time when this Act enters into force shall, when the Association files a report with respect to the succession of its status after going through a resolution of a general meeting with the competent authority, be deemed an incorporated association established under Article 32 of the Civil Act. |
| (2) |
The Association shall make a registration of dissolution immediately after filing a report under paragraph (1) to make a registration of the establishment of an incorporated association deemed to be established under paragraph (1). |
| (3) |
In cases of paragraph (1), the assets, rights and obligations of the Association shall be succeeded by the incorporated association which is deemed to be established under the same paragraph. |
Article 6 (Transitional Measures for Local Agricultural Cooperatives, etc.)
From among the provisions of subparagraph 5 of Article 2, Articles 5 (2), 6 (1) and 9 (3), local agricultural cooperatives, local livestock cooperatives and businessand item-cooperatives and the National Agricultural Cooperatives Federation shall be deemed agricultural cooperatives, livestock cooperatives, ginseng cooperatives and their national federation until the day preceding the date on which the Agricultural Cooperatives Act with Act No. 6018 is enforced.
Article 7 (Transitional Measures for Penal Provisions)
The application of the penalty provisions to any act committed prior to the enforcement of this Act shall be governed by the former provisions.
Article 8 Omitted.
Article 9 (Relations with Other Acts)
ADDENDA <Act No. 6699, May 13, 2002>
| (1) |
(Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDA <Act No. 6836, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7275, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005.
Article 2 (Transitional Measures for Change in Name of Fund)
The former Agricultural and Fishery Product Price Stabilization Fund at the time of enforcement of this Act shall be deemed the Agricultural Product Price Stabilization Fund provided for in the amended provisions of Article 54.
Article 3 (Transitional Measures former Transfer of Fund in Fishery Sector)
| (2) |
The amount that is transferred in accordance with paragraph (1) shall be the book value on the date preceding the date on which this Act is enforced. |
Article 4 Omitted.
Article 5 (Relations with Other Acts)
Where other Acts cite the former Agricultural Product Price Stabilization Fund at the time of enforcement of this Act, the Agricultural Product Price Stabilization Fund under the amended provisions of Article 54 shall be deemed to be cited.
ADDENDA <Act No. 7311, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation, (the latter part omitted).
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8107, Dec. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8135, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8178, Jan. 3, 2007>
| (1) |
(Enforcement Date) This Decree shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 30, subparagraphs 2 through 4 of Article 38 and Article 38-2 shall enter into force on January 1, 2009. |
| (2) |
(Transitional Measures for Penal Provisions and Fine for Negligence) The former penal provisions and provisions of fine for negligence shall apply to an activity committed before this Act enters into force. |
ADDENDA <Act No. 8354, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That...(Omitted.)...any Acts promulgated before this Act enters into force but the enforcement date of which has not come due yet among those amended pursuant to Article 6 of this Addenda, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9178, Dec. 26, 2008>
| (1) |
(Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) |
(Applicability to Entrustment of Test Administration) The amended provisions of Article 27-2 (2) shall begin applying to the first announced examination of certified auctioneers after this Act enters into force. |
ADDENDA <Act No. 9759, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9954, Jan. 25, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10522, Mar. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on March 2, 2012. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Act No. 10885, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 10886, Jul. 21, 2011>
| (1) |
(Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) |
(Applicability to Restrictions on Shipment as Result of Safety Examination) The amended provisions of the latter part of Article 38-2 (2) shall apply from the first safety examination conducted after this Act enters into force. |
ADDENDA <Act No. 10932, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11349, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided
, That the amended provisions (only applicable to part on a Special Self-Governing City or the Mayor of a Special Self-Governing City) of subparagraphs 2, 3, 5 and 6 of Article 2, Article 17 (1) and (4) and the proviso to paragraph (6) of the same Article, Articles 47 (1), 64 (2), 65 (2) and subparagraph 1 of Article 86 shall enter into force on July 1, 2012.
Article 2 (Applicability to Designation of Wholesale Market Corporation Established in Central Wholesale Market)
The amended provisions of Article 23 (1) shall apply from the first wholesale market corporation designated after this Act enters into force.
Article 3 (Transitional Measures concerning Penal Provisions and Administrative Fines)
When penal provisions and administrative fines are applied to an act performed before this Act enters into force, the former provisions shall apply thereto.
ADDENDA <Act No. 11350, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11458, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
