CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to stabilize the price of rice, enhance the competitiveness of the rice processing industry, and promote the increase in rice farmers' incomes and the development of the national economy by providing for matters necessary to develop new demand for rice, improve the quality of products made by processing rice, support the rice processing industry, and encourage use of rice.
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows:
| 1. |
The term "rice product" means a kind of food or a product processed by using rice (including unhulled rice, brown rice, and by-products produced in the milling process) as a raw material or ingredient; |
| 2. |
The term "rice processing business" means a business manufacturing a rice product; |
| 3. |
The term "rice processor" means a person who has reported as a person engaged in a rice processing business pursuant to Article 11 (1); |
| 4. |
The term "rice processing industry" means the industry specified by Presidential Decree as a sector manufacturing, packing, storing, transporting, and selling rice products; |
| 5. |
The term "rice processing business operator" means a person who runs a rice processing business. |
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| Article 3 (Duties of State and Local Governments) |
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The State and local governments shall establish and execute measures necessary to encourage the use of rice, strengthen the link between the rice processing industry and agriculture, and promote robust development of the rice processing industry.
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| Article 4 (Relationship to other Acts) |
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Except as otherwise provided for in any other Act, the support of the rice processing industry and the encouragement of use of rice shall be governed by this Act.
CHAPTER II SUPPORT FOR RICE PROCESSING INDUSTRY AND ENCOURAGEMENT OF USE OR RICE
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| Article 5 (Formulation of Master Plan) |
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| (1) |
In order to support the rice processing industry and encourage the use of rice, the Minister for Food, Agriculture, Forestry and Fisheries shall formulate and implement a five-year master plan for the support of the rice processing industry and the encouragement of use of rice (hereinafter referred to as "master plan"). |
| (2) |
A master plan shall include the following matters: |
| 1. |
Basic objectives and the direction-setting for the support of the rice processing industry and the encouragement of use of rice; |
| 2. |
Development and diffusion of technology related to the rice processing industry; |
| 3. |
Stable supply and demand of rice for processing; |
| 4. |
Training of professional human resources for the rice processing industry; |
| 5. |
Strengthening of the links between the rice processing industry and agriculture; |
| 6. |
Encouragement of consumption of rice and rice products and assistance in distribution thereof; |
| 7. |
Other matters specified by Presidential Decree. |
| (3) |
When the Minister for Food, Agriculture, Forestry and Fisheries intends to formulate or amend a master plan, he/she shall consult with the heads of related central administrative agencies thereon: Provided, That the foregoing shall not apply where a change to a minor matter is intended, specified by Presidential Decree. |
| (4) |
The Minister for Food, Agriculture, Forestry and Fisheries shall finalize a master plan under paragraph (1) through deliberation by the Food Industry Promotion Council established under Article 5 of the Food Industry Promotion Act. In such cases, the Minister for Food, Agriculture, Forestry and Fisheries shall notify the heads of related central administrative agencies of the finalized master plan. |
| (5) |
If it is necessary to formulate a master plan, the Minister for Food, Agriculture, Forestry and Fisheries may request the head of a related central administrative agency to submit data. In such cases, the head of a related central administrative agency shall submit data in compliance with such request, except in extenuating circumstances. |
| (6) |
The Minister for Food, Agriculture, Forestry and Fisheries shall formulate and execute an annual implementation in conformity to the relevant master plan. |
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| Article 6 (Assistance in Improvement of Business Management) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries may execute measures for assisting rice processing business operators in improving business management, such as procurement of raw materials, improvement of facilities, expansion of markets, and provide consulting services therefor. |
| (2) |
Matters necessary forsubject matters for the support under paragraph (1) and the details of such support shall be prescribed by Presidential Decree. |
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| Article 7 (Strengthening of Link with Agriculture) |
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When farmers or a producers' organization as defined in Article 3 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry (hereinafter referred to as "producers' organization") and rice processing business operators jointly promote a project for strengthening the links with agriculture, such as joint purchasing and contract cultivation of rice required for manufacturing rice products, the Minister for Food, Agriculture, Forestry and Fisheries may provide necessary assistance.
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| Article 8 (Stable Supply of Rice for Processing, etc.) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall formulate and execute a supply and demand plan for the stable supply of rice used as a raw material for rice products (hereafter referred to "rice for processing" in this Article) and the encouragement of rice consumption. |
| (2) |
If the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary for the stable supply of rice for processing, he/she may designate an area as a zone for cultivating rice for processing (hereafter referred to as "cultivation zone" in this Article). |
| (3) |
A producer's organization that intends to be designated as a cultivation zone as defined in paragraph (2) shall file an application for designation, as prescribed by Presidential Decree. |
| (4) |
If a cultivation zone fails to satisfy the requirements for the designation under paragraph (6), the Minister for Food, Agriculture, Forestry and Fisheries may cancel the designation, as prescribed by Presidential Decree. |
| (5) |
The Minister for Food, Agriculture, Forestry and Fisheries may provide cultivation zones with necessary assistance within budgetary limits, as prescribed by Presidential Decree. |
| (6) |
The requirements for designation, such as the size of a cultivation zone and facilities required for post-harvest management, and matters necessary for the method and procedure for filing an application for designation shall be prescribed by Presidential Decree. |
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| Article 9 (Assistance in Manufacturing Rice Products, etc.) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries may subsidize rice processors, within budgetary limits, as necessary to increase the production of rice products and improve the quality of such products. |
| (2) |
When the Minister for Food, Agriculture, Forestry and Fisheries supplies grain managed by the Government as defined in subparagraph 2 of Article 2 of the Grain Management Act to rice processors for processing, he/she shall consider the suitability of processing when supplying them. |
| (3) |
The standard, objects, and details of support under paragraph (1), the suitability for processing and the standard for supply under paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
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| Article 10 (Implementation of Projects for Research, Development, and Pilot Production) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall implement projects for research, development and pilot production specified in the following subparagraphs (hereafter referred to as "research and development projects" in this Article) in order to support the rice processing industry and encourage the use of rice: |
| 1. |
Development of varieties of rice to process for specific purposes; |
| 2. |
Improvement of the quality of rice products and the development of technology and machines for manufacturing; |
| 3. |
Development of basic technology for packing and storage of rice products; |
| 4. |
Development of new materials from rice. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may request a specialized research institute to perform a research and development project under paragraph (1) and may implement measures necessary to promote the industrialization of such research and development projects. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries may provide necessary assistance to persons who perform a research and development project and persons who intend to industrialize a research and development project, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
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| Article 11 (Report of Rice Processing Business) |
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| (1) |
A person who intends to operate a rice processing business shall prepare facilities specified by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries and shall file a report thereon with the competent Special Self-governing Province Governor or the competent head of Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; the same shall apply hereinafter). |
| (2) |
A person who intends to make a change in matters reported pursuant to paragraph (1) shall file a report on the change with the competent Special Self-governing Province Governor or the competent head of Si/Gun/Gu: Provided, That the foregoing shall not apply where it is intended to make a change in a minor matter specified by Presidential Decree. |
| (3) |
Notwithstanding paragraph (1), if a person who falls under any of the following subparagraphs is engaged in a rice processing business specified by Presidential Decree, such person shall be deemed to have filed the report required under paragraph (1): |
| 1. |
A person who holds a manufacturing licence issued under the Liquor Tax Act; |
| (4) |
If a person who has filed a report pursuant to paragraph (1) intends to temporarily or permanently close his/her business, he/she shall file a report thereon with the competent Special Self-governing Province Governor or the competent head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (5) |
Matters necessary for the method and procedure for reporting required under paragraphs (1), (2), and (4) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
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| Article 12 (Succession to Rice Processing Business) |
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| (1) |
A person who falls under any of the following subparagraphs shall succeed to the status of a former rice processor: |
| 1. |
The transferee, where a rice processor transfers his/her business; |
| 2. |
A person who files a report on succession as an heir pursuant to paragraph (3), where a rice processor is deceased; |
| 3. |
A corporation which survives a merger or is newly incorporated as a consequence of a merger, where corporations are merged. |
| (2) |
A person who acquires all business facilities and equipment through procedures that fall under any of the following subparagraphs shall succeed to the status of a former rice processor: |
| 4. |
Other procedures similar to those specified in subparagraphs 1 through 3. |
| (3) |
A person who succeeds to the status of a former rice processor pursuant to paragraph (1) or (2) shall report the succession to the competent Special Self-governing Province Governor or the competent head of a Si/Gun/Gu within one month, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
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| Article 13 (Suspension of Business Operation, etc.) |
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| (1) |
If a rice processor falls under any of the following subparagraphs, the competent Special Self-governing Province Governor or the competent head of a Si/Gun/Gu shall suspend the operation of his/her business for a period not exceeding six months or order him/her to shut down his/her business establishment, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That if a rice processor falls under subparagraph 1 or 5, the competent Special Self-governing Province Governor or the competent head of Si/Gun/Gu shall order him/her to shut down his/her business establishment: |
| 1. |
If a rice processor commits fraud or other misconduct in filing a report required under Article 11 (1); |
| 2. |
If a rice processor commits fraud or other wrongful conduct in filing a report required under Article 11 (2) on a change; |
| 3. |
If a rice processor has temporarily close his/her business continuously for not less than six months without filing a report required under Article 11 (4) without a justifiable cause; |
| 4. |
If a rice processor violates an order to submit data pursuant to Article 26 or refuses, interferes with, or evades an inspection by a relevant public official; |
| 5. |
If a rice processor continues his/her business in violation of an order to suspend the operation of his/her business. |
| (2) |
If any other administrative agency has the authority to make a disposition against a rice processor, when a Special Self-governing Province Governor or the head of a Si/Gun/Gu intends to order the rice processor to suspend the operation of his/her business or shut down his/her business establishment, the Special Self-governing Province Governor or the head of a Si/Gun/Gu may request the competent administrative agency to make such disposition. In such cases, the competent administrative agency shall comply with a request to make such disposition, except in extenuating circumstances. |
| (3) |
Detailed guidelines for the administrative dispositions under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, taking into consideration the type and degree of each violation. |
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| Article 14 (Transfer of Effect of Administrative Sanction) |
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| (1) |
The effect of an administrative sanction imposed on a former rice processor for a violation specified in any subparagraph of Article 13 (1) shall be transferred to a rice processor who falls under any of the following subparagraphs during one year from the end of the period subject to the sanction: |
| 1. |
A person who files a further report on a rice processing business after filing a report on permanent closure of his/her business pursuant to Article 11 (4); |
| 2. |
A person who falls under any subparagraph of Article 12 (1). |
| (2) |
Procedures of an administrative disposition in progress under Article 13 (1) may continue successively against a person who falls under any subparagraph of paragraph (1). |
| (3) |
Paragraphs (1) and (2) shall not apply where a rice processor proves that he/she was not aware of the administrative sanction imposed upon the former rice processor or the violation committed by the former rice processor. |
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| Article 15 (Mandatory Closure of Business Establishment) |
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| (1) |
If a person operates a business without filing a report in violation of Article 11 (1) or continues his/her business after he/she is ordered to close his/her business establishment under Article 13 (1), the competent Special Self-governing Province Governor or the competent head of a Si/Gun/Gu may authorize a relevant public official to take the following measures in order to close the business establishment: |
| 1. |
Removing and erasing signboards or other business signs of the relevant business establishment; |
| 2. |
Posting notices informing that the relevant business establishment is illegal; |
| 3. |
Placing seals on facilities of the relevant business establishment or other instruments used for business to prohibit the use of such facilities or instruments. |
| (2) |
If a Special Self-governing Province Governor or the head of a Si/Gun/Gu finds it unnecessary to keep seals after placing seals pursuant to paragraph (1) 3 or if the relevant business operator or his/her representative promises to shut down the relevant business establishment or requests to remove the seals on any other reasonable ground, the Special Self-governing Province Governor or the head of a Si/Gun/Gu may remove the seals. The foregoing shall also apply to notices posted under paragraph (1) 2. |
| (3) |
When a Special Self-governing Province Governor or the head of a Si/Gun/Gu intends to take a measure under paragraph (1), he/she shall notify the relevant business operator or his/her representative thereof in writing: Provided, That the foregoing shall not apply in an emergency. |
| (4) |
A measure to be taken under paragraph (1) shall be minimized to the extent necessary to forbid a person from operating his/her business. |
| (5) |
A relevant public official in cases referred to in paragraph (1) shall carry a certificate indicating his/her authority and produce it to people involved. |
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| Article 16 (Statistical Survey) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries may conduct statistical surveys on production, distribution, and consumption of rice products in order to efficiently formulate a policy necessary to promote the development of the rice processing industry and the use of rice and maintain balance between supply and demand of rice. |
| (2) |
If the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary for a statistical survey, he/she may request the head of a related central administrative agency, the head of a local government, the head of a public institution, or a person engaged in a related industry (hereafter referred to as the "head of a central administrative agency or other relevant person" in this Article) to provide him/her with necessary data and information. |
| (3) |
Upon receipt of a request to provide data and information pursuant to paragraph (2), the head of a central administrative agency or other relevant person shall cooperate as requested, except in extenuating circumstances. |
| (4) |
Matters necessary for the matters subject to the statistical surveys under paragraph (1) and the method, time, and scope of such surveys shall be prescribed by Presidential Decree. |
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| Article 17 (Promotion of Clustering of Rice Processing Industry) |
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| (1) |
In order to enhance the synergistic effect of the clustering and cross links between the rice processing industry, agriculture, and other related industries, the Minister for Food, Agriculture, Forestry and Fisheries shall endeavor to develop industrial complexes for processing rice and promote the clustering of the rice processing industry. |
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| Article 18 (Education, Training, etc.) |
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| (1) |
The State or a local government may provide educational and training programs, directly or through an entrusted entity, to consumers or related workers in order to encourage the use of rice and promote the rice processing industry. |
| (2) |
The State or a local government may designate an institution or organization that retains facilities and human resources adequate for the education and training programs provided under paragraph (1) as an educational and training institution. |
| (3) |
When an educational or training program provided for under paragraph (1) is entrusted to an institution, such institution may be subsidized as necessary within budgetary limits. |
| (4) |
Matters necessary for the designation and operation of educational and training institutions under paragraph (2) shall be prescribed by Presidential Decree. |
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| Article 19 (Training of Professional Human Resources) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall endeavor to train professional human resources to promote the rice processing industry. |
| (2) |
In order to train professional human resources pursuant to paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries may designate an institution that retains adequate facilities and human resources, such as a university and research institute, as an institution for training professional human resources. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries may subsidize an institution designated under paragraph (2), within budgetary limits, for training professional human resources for expenses incurred in training, as prescribed by Presidential Decree. |
| (4) |
Matters necessary for the criteria and method for the designation of institutions for training professional human resources under paragraph (2) shall be prescribed by Presidential Decree. |
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| Article 20 (Assistance in Establishment and Operation of Exhibitions, etc.) |
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The State or a local government may subsidize a person who establishes and operates an exhibition for rice products or rice culture in order to encourage the use of rice and promote the rice processing industry as necessary within budgetary limits, as prescribed by Presidential Decree.
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| Article 21 (Assistance for Distribution Centers. etc.) |
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The State or a local government may subsidize a person who establishes and operates a distribution center or specialized store in order to standardize the packing and specifications of rice products for delivery, advertise rice products, and promote sales of rice products as necessary within budgetary limits, as prescribed by Presidential Decree.
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| Article 22 (Holding of Contests) |
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| (1) |
In order to improve the quality of rice products, enhance the competitiveness of rice products, and select and promote representative brands of rice products, the Minister for Food, Agriculture, Forestry and Fisheries may hold contests of rice products. |
| (2) |
Matters necessary for holding and operating contests under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
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| Article 23 (Promotion of Globalization, etc.) |
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| (1) |
In order to support the rice processing industry, enhance the competitiveness in exporting rice products, and promote the expansion of overseas markets, the State or a local government may provide assistance as necessary to a person or organization that advertises representative brands of rice products selected pursuant to Article 22 or develops overseas markets, as prescribed by Presidential Decree. |
| (2) |
In order to improve the quality of rice products and promote international trade, the Minister for Food, Agriculture, Forestry and Fisheries shall promote the standardization of rice products to meet international standards. |
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| Article 24 (Encouragement of Use of Rice of Excellent Quality) |
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| (1) |
In order to increase the supply of high quality rice products in a stable manner, the Minister for Food, Agriculture, Forestry and Fisheries may formulate and execute measures for encouraging rice processors to use high quality rice with safety recognized as specified in the following subparagraphs: |
| 4. |
Products with the certification under any other national certification system specified by Presidential Decree. |
| (2) |
Persons eligible for assistance through measures for promoting the use of rice of excellent quality under paragraph (1), the criteria, procedure, and method for such assistance, and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER III SUPPLEMENTARY PROVISIONS
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| Article 25 (Supervision) |
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| (1) |
If the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary to improve the quality of rice products and establish order in distribution, he/she may order a rice processing business operator to submit a report or data about necessary matters or may authorize relevant public officials to enter a place of business at issue to inspect account books, relevant documents, facilities, and rice products, as prescribed by Presidential Decree. |
| (2) |
When it is intended to conduct an inspection pursuant to paragraph (1), the person subject to the inspection shall be notified of the inspection plan, including the date and time of inspection, the reasons for such inspection, and the scope of such inspection by not later than seven days before the scheduled date of such inspection: Provided, That the foregoing shall not apply where it is required to conduct an inspection urgently or it is deemed impossible to achieve the objectives of an inspection due to destruction of evidence or other cause if a notice is given in advance. |
| (3) |
A public official who conducts an inspection pursuant to paragraph (1) shall carry a certificate indicating his/her authority and shall produce it to people involved. |
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| Article 26 (Submission of Data) |
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If the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary for subsidization and follow-up management under this Act, he/she may demand a rice processor to submit relevant data.
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| Article 27 (Hearings) |
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If a Special Self-governing Province Governor or the head of a Si/Gun/Gu intends to order a person to shut down his/her business establishment under Article 13, he/she shall hold a hearing.
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| Article 28 (Delegation or Entrustment of Authority) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries may delegate part of his/her authority under this Act to the Administrator of the Rural Development Administration, the head of an affiliated agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor, as prescribed by Presidential Decree. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may entrust part of business affairs under this Act to a producers' organization or any relevant legal entity or organization, as prescribed by Presidential Decree. |
CHAPTER IV PENAL PROVISIONS
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| Article 29 (Penal Provisions) |
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Any person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won:
| 1. |
A person who operates a rice processing business without filing a report required under Article 11 (1); |
| 2. |
A person who commits fraud or misconduct in filing a report required under Article 11 (1) to operate a rice processing business; |
| 3. |
A person who continues his/her business in violation of an order issued under Article 13 (1) to suspend the operation of the business; |
| 4. |
A person who continues his/her business even after he/she is ordered to close his/her business establishment under Article 13 (1); |
| 5. |
A person who removes or destroys, without permission, a seal placed, or notice posted, by a public official pursuant to Article 15. |
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| Article 30 (Joint Penal Provisions) |
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If the representative of a legal entity or an agent, employee, or aworker who works for a legal entity or an individual violates Article 29 in connection with the business of the legal entity or individual, not only shall such offender be punished accordingly, but the legal entity or individual also shall be punished by the fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply to cases where the legal entity or private individual has not neglected due attention and supervision of the business to prevent such violation.
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| Article 31 (Fines for Negligence) |
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| (1) |
Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million won: |
| 1. |
A person who operates a rice processing business without filing a report on a change pursuant to Article 11 (2); |
| 2. |
A person who commits fraud or other wrongful conduct in filing a report required under Article 11 (2) with regard to a change to operate a rice processing business; |
| 3. |
A person who temporarily or permanently closes down his/her business without filing a report thereon in violation of Article 11 (4); |
| 4. |
A person who operates a rice processing business without filing a report required under Article 12 (3) with regard to succession to a rice processing business. |
| (2) |
Fines for negligence under paragraph (1) shall be imposed and collected by the Minister for Food, Agriculture, Forestry and Fisheries or a Special Self-governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Enforcement Date of the Agricultural and Marine Products Quality Control Act)
The term "Article 6 (2) of the Agricultural and Marine Products Quality Control Act" in the amended provisions of Article 24 (1) 1 shall be construed as "Article 5 (2) of the Agricultural Products Quality Control Act" until July 21, 2012, and the term "Article 32 of the Agricultural and Marine Products Quality Control Act" in amended provisions of Article 24 (1) 2 as "Article 8 of the Agricultural Products Quality Control Act" until July 21, 2012.
