law view
| Article 1 (Purpose) |
 |
The purpose of this Decree is to prescribe matters delegated by the Act on the Prevention of Contagious Animal Diseases and matters necessary for the enforcement of the delegated matters. <Amended by Presidential Decree No. 18899, Jun. 30, 2005; Presidential Decree No. 20891, Jul. 1, 2008>
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| Article 2 (Scope of Livestock) |
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"Other animals prescribed by Presidential Decree" in subparagraph 1 of Article 2 of the Act on the Prevention of Contagious Animal Diseases (hereinafter referred to as the "Act") means animals falling under the following subparagraphs: <Amended by Presidential Decree No. 18899, Jun. 30, 2005; Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 20677, Feb. 29, 2008; Presidential Decree No. 22561, Dec. 29, 2010>
| 3. |
Any of such other animals as raised domestically that shall be determined and publicly announced by the Minister for Food, Agriculture, Forestry and Fisheries as he/she deems it necessary to do so in order to prevent the outbreaks or spread of contagious animal diseases. |
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| Article 2-2 (Disclosure of Information on Present Status of Outbreak of Contagious Animal Diseases) |
|
| (1) |
"The information prescribed by Presidential Decree such as the time and place of an outbreak of a contagious animal disease on a farm" in Article 3-2 (1) of the Act shall be the information as the following sub-paragraphs: <Amended by Presidential Decree No. 23038, Jul. 22, 2011> |
| 1. |
Name of a contagious animal disease; |
| 2. |
Name of a farm where a contagious animal disease has broken out (if not having name of a farm, name of a farm owner), and place of a farm; |
| 3. |
Time of an outbreak of a contagious animal disease; |
| 4. |
Kind and size of domestic animals affected by a contagious animal disease; |
| 5. |
Other information that is recognized by the Minister for Food, Agriculture, Forestry and Fisheries, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, the Governor of a Special Self-Governing Province, a Special Self-Governing Mayor (hereinafter referred to as "Mayor/Do Governor") as necessary for the prevention and the spread of contagious animal diseases. |
| (2) |
The farm objected to disclose the information under Article 3-2 (1) of the Act shall be the farm which cattle, mountain goats, sheep, pigs, chickens, deer, ducks, geese, turkeys and quails are raised. <Amended by Presidential Decree No. 23038, Jul. 22, 2011> |
| (3) |
The contagious animal disease as an object of the disclosure of information under Article 3-2 (1) of the Act shall be the following sub-paragraphs. <Amended by Presidential Decree No. 23038, Jul. 22, 2011> |
| 1. |
Foot-and-mouth disease; |
| 3. |
Aujeszky's disease in swine; |
| 4. |
Respiratory syndrome in genital organs of swine; |
| 7. |
Highly pathogenic avian influenza; |
| 11. |
Chronic wasting disease of deer; |
| 12. |
Other contagious animal diseases prescribed and publicly notified by the Minister for Food, Agriculture, Forestry and Fisheries. |
| (4) |
Deleted. <Amended by Presidential Decree No. 23038, Jul. 22, 2011> |
| (5) |
The information under paragraph (1) shall make public through the homepage of the Ministry for Food, Agriculture, Forestry and Fisheries, Special Metropolitan City, Metropolitan City, Do, Special Self-Governing Province, Animal,? Plant and Fisheries Quarantine and Inspection Agency and City/do animal disease control agency under Article 3 (1), and may be made public in the newspaper or magazine on livestock. <Amended by Presidential Decree No. 22962, Jun. 7, 2011> |
[This Article Newly Inserted by President Decree No. 22561, Dec. 29, 2010]
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| Article 2-3 (Installation and Operation of Facilities for Quarantine and Animal Disease Control) |
|
| 1. |
Check-out stand for personal belongings and baggage. Provided, That in cases where the facility installed and operated by other agency may be used jointly, it shall be deemed to be substituted by such facility. |
| 2. |
Facilities which are able to disinfect clothes, shoes, personal belongings and baggage (including mobile equipment for disinfection). |
[This Article Newly Inserted by President Decree No. 23038, Jul. 22, 2011]
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| Article 2-4 (Agency Conducting Animal Disease Control and Quarantine) |
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“The head of a national agency prescribed by Presidential Decree conducing the duty to control and quarantine animal diseases“ under Article 5 (4) of the Act means the director general of the Animal,? Plant and Fisheries Quarantine and Inspection Agency.
[This Article Newly Inserted by President Decree No. 23038, Jul. 22, 2011]
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| Article 2-5 (Documents to be Submitted in Arrival from Country amid Outbreak of Contagious Animal Diseases) |
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A person who has visited a farm of livestock in the country experiencing an outbreak of contagious animal diseases shall prepare and submit an Animal Quarantine Report to the director general of the Animal, Plant and Fisheries Quarantine and Inspection Agency as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries pursuant to Article 5 (5) of the Act.
[This Article Newly Inserted by President Decree No. 23038, Jul. 22, 2011]
law view
| Article 3 (Agencies, etc. to which Veterinary Inspectors are Assigned) |
|
| (1) |
"Administrative agencies prescribed by Presidential Decree" in Article 7 (1) of the Act means the Animal,? Plant and Fisheries Quarantine and Inspection Agency, the National Institute of Animal Science belonging to the Rural Development Administration, and the animal control agency of a City/Do |
(hereinafter referred to as "animal disease control agency of a City/Do"). <Amended by Presidential Decree No. 18212, Jan. 9, 2004; Presidential Decree No. 20079, Jun. 4, 2007; Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 21078, Oct. 8, 2008; Presidential Decree No. 22561, Dec. 29, 2010; Presidential Decree No. 22962, Jun. 7, 2011>
| (2) |
Veterinary inspectors as referred to in Article 7 (1) of the Act (hereinafter referred to as"veterinary inspector") shall be appointed by the Minister for Food, Agriculture, Forestry and Fisheries, the head of a local government, the director general of the Animal, Plant and Fisheries Quarantine and |
Inspection Agency, the director general of the National Institute of Animal Science belonging to the Rural Development Administration, or the head of an animal disease control agency of a City/Do
from among public officials under his/her authority, who are qualified as veterinarians or public veterinarians under Article 2 of the Act on the Public Service Veterinarians for Prevention of Epidemics , or shall be entrusted by the head of a local government from among veterinarians who have been entrusted with the veterinary treatment of animals pursuant to Article 21 of the Veterinarians Act. <Amended by Presidential Decree No. 18212, Jan. 9, 2004; Presidential Decree No. 18899, Jun. 30, 2005; Presidential Decree No. 20079, Jun. 4, 2007; Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 20677, Feb. 29, 2008; Presidential Decree No. 21078, Oct. 8, 2008; Presidential Decree No. 22290, Jul. 21, 2010; Presidential Decree No. 22962, Jun. 7, 2011>
| (3) |
Veterinary inspectors shall perform such duties of investigation, research, planning, guidance, surveillance, preventive measures, etc. as are related to the prevention of contagious animal diseases under the orders of the heads of the agencies to which they belong. |
| (4) |
Detailed matters necessary for veterinary inspectors to perform their duties shall be determined by the Minister for Food, Agriculture, Forestry and Fisheries. <Amended by Presidential Decree No. 20677, Feb. 29, 2008> |
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| Article 3-2 (Establishment, etc. of Mobile Organization for Animal Disease Control against Contagious Animal Diseases) |
|
| (1) |
The mobile organization for animal disease control against contagious animal diseases (hereinafter referred to as “the mobile organization for animal disease control”) under Article 9-2 of the Act shall be responsible for a public official who belongs to Senior Executive Service in charge of the livestock industry related duties in the Ministry for Food, Agriculture, Forestry and Fisheries, shall be comprised of a team for overall control of situation, a team for mobile control, a team for conducting disinfection and a team for assistance to bury. |
| (2) |
The mobile organization for animal disease control shall be in charge of on-spot guidance and aids service for the swift establishment of situation room, the mobile control, the disinfection, the action to bury, etc. for Si/Gun/autonomous Gu where the major contagious animal disease has broken out in compliance with the order of the Minister for Food, Agriculture, Forestry and Fisheries. |
| (3) |
The detailed items concerning the organization, duty and operation of the mobile organization for animal disease control shall be prescribed and announced by the Minister for Food, Agriculture, Forestry and Fisheries. |
[This Article Newly Inserted by President Decree No. 23038, Jul. 22, 2011]
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| Article 4 (Plan, etc. for Development of Veterinary Science and Technology) |
|
| (1) |
The plan for the development of veterinary science and technology under Article 10 (2) of the Act (hereinafter referred to as the "plan for |
the development of veterinary science and technology") shall include the following matters: <Amended by Presidential Decree No. 20577, Jan. 31, 2008>
| 1. |
Objectives of and main directions in the development of veterinary science and technology; |
| 2. |
Development of technologies for the prevention of and diagnostic test for contagious animal diseases and preventive medicines against such diseases; |
| 3. |
Development of technologies relevant to the improvement of livestock- related public sanitation; |
| 4. |
Joint research with domestic and foreign research institutes and organizations that are related to the affairs of veterinary science and technology; |
| 5. |
Programs for the utilization of the results of development of veteri- nary science and technology; |
| 6. |
Arrangement and spending of financial resources required for the development of veterinary science and technology; |
| 7. |
Such other matters as may be necessary for the development of veterinary science and technology. |
| (2) |
When the Minister for Food, Agriculture, Forestry and Fisheries is to formulate or implement a plan for the development of veterinary science and technology, he may consult with the relevant administrative agencies, local governments, universities, research institutes, and agri- cultural organizations, etc. on joint research into veterinary science and technology, utilization of the results of the joint research, and such other matters as may be necessary for the prevention of the overlapping of such research. <Amended by Presidential Decree No. 20677, Feb. 29, 2008> |
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| Article 5 (Diagnostic Assessment Agencies, etc.) |
|
| (1) |
Deleted. <Amended by Presidential Decree No. 20577, Jan. 31, 2008 Presidential Decree No. 22561, Dec. 29, 2010; Presidential Decree No. 22962, Jun. 7, 2011; Presidential Decree No. 23038, Jul. 22, 2011> |
| (2) |
“The head of an agency under the control of the Minister of Health and Welfare controlling diseases prescribed by Presidential Decree“ under Article 12 (2) of the Act means the head of the center of disease control and prevention. <Newly Inserted by President Decree No. 22561, Dec. 29, 2010> |
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| Article 6 (Orders to Close Livestock-Raising Facilities) |
|
| (1) |
An order to close any livestock-raising facilities may, in such cases as set forth in the following subparagraphs, be given pursuant to Article 19 (2) of the Act (including cases where Articles 28 and 28-2 of the Act apply mutatis mutandis):<Amended by Presidential Decree No. 20577, Jan. 31, 2008> |
| 1. |
Where an owner or manager (hereinafter referred to as the "owner, etc.") of domestic animals that have been affected, or that there are the results of an epidemiology examination and a close examination or clinical symptoms to believe to have been affected by rinderpest, bovine pleuropneumonia, foot-and-mouth disease, African swine fever, swine fever, highly pathogenic avian influenza, New-castle disease, bovine spongiform encephalopathy, or chronic wasting disease of deer violates orders to isolate, detain or limit the movement of the domestic animals concerned; |
| (2) |
The period for which the livestock raising facilities concerned shall remain closed by an order given under paragraph (1) shall be six months. <Amended by Presidential Decree No. 20577, Jan. 31, 2008> |
| (3) |
If the head of Si (including Do governor of Special Self-Governing Province; hereinafter the same shall apply) Gun, autonomous Gu (here- inafter referred to as the "head of Si/Gun/Gu") intends to give an order to close any livestock raising facilities pursuant to paragraph (1), he shall in advance notify the owner, etc. of domestic animals concerned of such an order in written form (including electronic document if an owner, etc. desires it); he shall also inform the competent Mayor/Do governor, the director general of the Animal,? Plant and Fisheries Quarantine and |
Inspection Agency, and other Mayors/Do governors about the name, location, owner, etc. of the facilities concerned and the date on which such an order is given.<Amended by Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 22962, Jun. 7, 2011>
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| Article 7 (Orders to Restrict Livestock Raising) |
|
| (1) |
An order to restrict livestock raising may, in such cases as set forth in the following subparagraphs, be given pursuant to Article 19 (2) of the Act (including cases where Articles 28 and 28-2 of the Act apply mutatis mutandis):<Amended by Presidential Decree No. 20577, Jan. 31, 2008> |
| 1. |
Where the owner, etc. of the domestic animals that have been affected, or that there are the result of an epidemiology examination and a close examination or clinical symptoms to believe to have been affected by contagious animal diseases Types Ⅰ, Ⅱ and Ⅲ other than such contagious animal diseases under Article 6 (1) violates orders for the isolation, detention, or movement restriction of the domestic animals concerned; |
| 2. |
Where the owner, etc. of the domestic animals that are raised in an area adjacent to the livestock raising facilities which have been affected by outbreak of contagious animal diseases Types Ⅰ, Ⅱ and Ⅲ violates orders for the isolation, detention, or movement restriction of the domestic animals in question; |
| 4. |
Where in dealing with a case falling under Article 6 (1) 1, it is deemed inappropriate to give an order to close the livestock raising facili- ties as the case is insignificant in its degree of violation. |
| (2) |
An order to restrict livestock raising under paragraph (1) shall be given, specifying the period of livestock raising restriction and the num- ber of livestock to be reduced during such a period (hereinafter referred to as the "livestock subject to reduction"). In this case, the number of the livestock subject to reduction shall be determined within the limits of not more than 50 per cent of the total number of livestock raised in the livestock raising facilities where there are found such domestic animals as under orders for their isolation, detention, or movement restriction, and such reduction may be carried out in such a manner as set forth in the following subparagraphs: <Amended by Presidential Decree No. 20577, Jan. 31, 2008> |
| 1. |
Reduction of 20 to 50 percent of the total livestock subject to reduction before the lapse of half of the period of livestock raising restriction; and |
| 2. |
Reduction of the remaining number of the total livestock subject to reduction other than the number of livestock that has been reduced under subparagraph 1 from the lapse of half of the period of livestock raising restriction to the expiration of the same period. |
| (3) |
If the head of Si/Gun/Gu intends to give an order to restrict livestock raising under paragraph (1), he shall in advance notify such an order in writing to the owner, etc. of domestic animals concerned. <Amended by Presidential Decree No. 20577, Jan. 31, 2008> |
| (4) |
The Minister for Food, Agriculture, Forestry and Fisheries shall deter- mine and publicly announce the detailed standards for orders to restrict livestock raising under paragraph (1), taking types and degrees, etc. of the act of violation into account. <Amended by Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 20677, Feb. 29, 2008> |
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| Article 8 (Recycling of Carcasses, etc.) |
|
Recycling of carcasses pursuant to proviso to Article 22 (2) of the Act shall be limited to cases where carcasses of domestic animals slaughtered pursuant to proviso to Article 20 (1) of the Act and those of domestic animals infected with contagious animal diseases of the following sub- paragraphs are used as animal feed (excluding ruminant livestock such as cow, sheep, etc.), raw material of fertilizer or raw material for industrial use by heat treatment or fermentation treatment in feed producing facilities under Article 8 (2) of the Control of Livestock and Fish Feed Act, or in heat treatment facilities or fermentation treatment facilities announced by the Minister for Food, Agriculture, Forestry and Fisheries lest pathogens of contagious animal diseases should spread. Provided
, That in the case of being used as raw material of fertilizer, that shall confirm to the official standard under Article 4 of the Fertilizer Control Act: <Presidential Decree No. 20677, Feb. 29, 2008; Presidential Decree No. 23038, Jul. 22, 2011>
| 4. |
Other contagious animal diseases determined and announced by the Minister for Food, Agriculture, Forestry and Fisheries. |
[This Article Wholly Amended by Presidential Decree No. 20577, Jan. 31, 2008]
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| Article 9 (Agency to which Animal Quarantine Officers are Assigned) |
|
"Administrative agency prescribed by Presidential Decree" in Article 30 (1) of the Act means the Animal, Plant and Fisheries Quarantine and Inspection Agency. <Amended by Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 22561, Dec. 29, 2010; Presidential Decree No. 22962, Jun. 7, 2011>
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| Article 10 (Qualifications and Duties of Quarantine Administrators) |
|
| (1) |
A qualified quarantine administrator as referred to in Article 42 (5) of the Act (hereinafter referred to as "quarantine administrator") shall be required to be either a university graduate who majored in veterinary science, medicine, pharmacy, nursing, zootechnics, chemistry, or physics at a four-year university or a higher educational institution or a person who has academic attainments equal to or higher than the university graduate with an experience of having been in the service of animal quarantine for a period of one or more year. <Amended by Presidential Decree No. 20577, Jan. 31, 2008> |
| (2) |
The duties of quarantine administrators shall be as follows: |
| 1. |
Matters concerning the storage, delivery, movement and disinfection of designated goods subject to quarantine; |
| 2. |
Matters concerning the actual inspection of designated goods subject to quarantine and the inspection and management of facilities in the service of quarantine facilities; |
| 3. |
Matters concerning the collection and delivery of the inspection sam- ples of designated goods subject to quarantine; |
| 4. |
Matters concerning education on the prevention of epidemics for employees of quarantinefacilities and other interested persons as well as the control of visitors and other persons having access to quarantinefacilities; |
| 5. |
Matters concerning the implementation of instructions issued by quarantine officers. |
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| Article 11 (Compensation, etc.) |
|
| (1) |
The criteria for the payment of compensation as referred to in Article 48 (1) and (3) of the Act shall be as specified in attached Table 1.<Amended by Presidential Decree No. 20577, Jan. 31, 2008> |
| (2) |
Standards and methods for the appraisal of livestock, etc. according to the criteria for the payment of compensation as referred to in paragraph (1), standards for computing the appraised value of livestock by species and other detailed matters concerning the appraisal of livestock, etc. shall be determined and publicly announced by the Minister for Food, Agriculture, Forestry and Fisheries.<Amended by Presidential Decree No. 20677, Feb. 29, 2008> |
| (3) |
Necessary matters concerning persons eligible for the payment of subsidies, and standards for the payment of subsidies, etc. under Article 48 (2) of the Act shall be determined and publicly announced by the Minister for Food, Agriculture, Forestry and Fisheries.<Amended by Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 20677, Feb. 29, 2008> |
| (4) |
Not less than 80/100 of the compensation under Article 48 (1) and (3) shall be paid by the State, and the rest of them shall be paid by a local government. <Newly Inserted by Presidential Decree No. 23038, Jul. 22, 2011> |
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| Article 12 (Assistance in Stabilization of Livelihood) |
|
| (1) |
Expenses for stabilization of livelihood under Article 49 (1) of the Act (hereinafter referred to as "expenses for stabilization of livelihood") shall be subsidized to the owners of such domestic animals as were slaughtered due to rinderpest, bovine pleuropneumonia, foot-and-mouth disease, swine fever, African swine fever or highly pathogenic avian influenza pursuant to the main sentence of and the proviso to Article 20 (1) of the Act: Provided, That no owner of such domestic animals, who falls under any of the following subparagraphs, is required to be subsidized with expenses for stabilization of livelihood: <Amended by Presidential Decree No. 18899, Jun. 30, 2005; Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 21713, Sep. 3, 2009> |
| 3. |
As cases where a disease is identified as a contagious animal disease as a result of test, the owner of domestic animals who fails to report without delay pursuant to Article 11 (2) of the Act; |
| (2) |
The maximum amount of expenses for stabilization of livelihood shall be made equivalent to the average national household expenses for six months as shown in the farmhouse economy research statistics which are compiled and published by the official statistics agency as referred to in subparagraph 3 of Article 3 of the Statistics Act; and the amount of assistance by species, or by heads, of the slaughtered domestic animals and other necessary matters concerning assistance in expenses for stabilization of livelihood shall be determined and publicly announced by the Minister for Food, Agriculture, Forestry and Fisheries. <Amended by Pres- idential Decree No. 18899, Jun. 30, 2005; Presidential Decree No. 20331, Oct. 23, 2007; Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 20677, Feb. 29, 2008> |
| (3) |
The State shall subsidize not less than 7/10 of the relevant expenses for stabilization of livelihood and a local government shall subsidize the reminder thereof. <Amended by Presidential Decree No. 21713, Sep. 3, 2009> |
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| Article 12-2 (Psychological and Mental Treatment) |
|
| (1) |
“Other persons prescribed by Presidential Decree, such as volunteers” under Article 49-2 (1) 4 of the Act shall be volunteers, persons who have destroyed, incinerated and buried livestock, and persons who fail to conform to the provisons of Article 49-2 (1) 1 through 3. |
| (2) |
Persons who intend to receive medical treatment for psychological stability and mental health recovery under Article 49-2 (2) shall file an application with the head of the relevant Si/Gun/Gu within six months after the date when they have participated in destroying, incineration and burying of livestock. |
| (3) |
The head of the relevant Si/Gun/Gu who has received the application for the medical treatment under paragraph (2) shall medical institutions with medical treatment in written form or by electronic document, and notify the applicant of the relevant medical institution. |
| (4) |
The medical institution having received the application for the medical treatment under paragraph (3) shall assign a professional for an applicant to receive a counselling treatment, and notify the applicant of the relevant medical institution in cases where the consulted professional judges to require an additional treatment. |
| (5) |
The treatment which costs are subsidized incurred in under Article 49-2 (4) shall be done by additional ones such as a counselling treatment by a professional, a drug treatment deemed necessary by a consulted professional, etc. for which the cost-bearing of the State and a local government shall be followed by each subparagraph: |
| 1. |
Costs required for a counselling treatment by a professional: The State shall subsidize 50/100, and the rest thereof shall be subsidized by a local government; |
| 2. |
Costs required for an additional treatment: Local government shall subsidize 50/100, and the rest thereof shall be subsidized by a recipient of the treatment. |
| (6) |
The period eligible for a counselling treatment and an additional treatment under paragraph (5) shall be six months on and after a counselling treatment has been received for the first time under paragraph (4). |
[This Article Newly Inserted by President Decree No. 23038, Jul. 22, 2011]
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| Article 13 (Assistance in Expenses) |
|
| (1) |
With respect to expenses required for taking measures for slaughter, etc. under Article 50 (1) of the Act, the share of assistance therein each of the State and local governments is required to bear shall be subject to ratios as set forth in the following subparagraphs: <Amended by Presi- dential Decree No. 20577, Jan. 31, 2008; President Decree No. 23038, Jul. 22, 2011> |
| 1. |
Expenses required for an epidemiological investigation under Article 13 of the Act, expenses for testing for disease, injection or vaccination, mark of vaccination, medicated bath, or medication under Article 15 (1) and (3) of the Act, expenses for restrictions on movement under Articles 17 (1) through (3) and 19 (1) of the Act, and expenses for disinfection under Article 25 of the Act: the State shall assist in an amount of not less than 50/100 the expense concerned and the local governments shall provide the remainder; |
| 2. |
Expenses required for disposal by slaughter or for the incineration, burial, disinfection of animal carcasses or pollutants under Articles 20, 22 (2) and (3), and 23 (1) and (3) of the Act: the local governments shall assist in the whole of such expenses. |
| (2) |
If the local governments are to assist in expenses under paragraph (1), they shall make ascertainment as to whether the prescribed measures were taken before paying such expenses. <Amended by Presidential Decree No. 20577, Jan. 31, 2008> |
| (3) |
Costs which the State subsidizes the local government additionally shall be not less than 50/100 of expenses required for the operation of the control of the post, disinfection, etc. to prevent the spread of the foot-and-mouth disease and the highly pathogenic avian influenza, and the rest of them shall be subsidized by the relevant local government. <Newly Inserted by Presidential Decree No. 23038, Jul. 22, 2011> |
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| Article 14 (Fees) |
|
| (1) |
The fees that the livestock industry-related organizations may, in accordance with Article 50 (3) of the Act, collect from the owners, etc. of domestic animals in cases of taking the joint preventive measures against contagious animal diseases shall be based on the amount of money cal- culated by classifications under the following subparagraphs: <Amended by President Decree No. 23038, Jul. 22, 2011> |
| 1. |
Expenses required for the purchase of such materials as syringes and medicines available for testing for disease, vaccination or injections, medicated bath, medication, etc.; |
| 2. |
Personnel expenses required for testing for disease, vaccination or injections, medicated bath, medication, etc. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries may, if deemed necessary for the promotion of the smooth joint preventive mea- sures against contagious animal diseases, adopt due measures to adjust the fees under paragraph (1), including the setting of their maximum limits.<Amended by Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 20677, Feb. 29, 2008> |
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| Article 14-2 (Method and Scope for Requesting Information) |
|
| (1) |
In cases where the Minister for Food, Agriculture, Forestry and Fisheries requests the heads of relevant administrative agencies, Mayors/Do Governors or heads of Sis/Guns/autonomous Gus, etc. to provide information under Article 52-2 (2) of the Act, he/she shall it in written form, by electronic document, etc., but may do it verbally in case of emergency. |
| (2) |
The scope of the information which the Minister for Food, Agriculture, Forestry and Fisheries may request under Article 52-2 (2) of the Act shall be the following sub-paragraphs : |
| 1. |
The information of passport issuance, the information of entry and departure to/from Korea, the resident registration number and the address of persons, etc. who shall submit the declaration at the time of entering into Korea via a country experiencing an outbreak of contagious animal diseases or departing for a foreign country experiencing an outbreak of contagious animal diseases under Article 5 (5) and (6) of the Act. |
| 2. |
Other information of measures necessary for the prevention of inflow of contagious animal diseases into Korea and the spread thereof. |
[This Article Newly Inserted by President Decree No. 23038, Jul. 22, 2011]
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| Article 15 (Delegation and Entrustment of Authority) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall delegate his authority under the following subparagraphs to the director general of the Animal,? Plant and Fisheries Quarantine and Inspection Agency in accordance with Article 55 (1) of the Act:<Amended by Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 20677, Feb. 29, 2008; Presidential Decree No. 22962, Jun. 7, 2011; Presidential Decree No. 23038, Jul. 22, 2011; Presidential Decree No. 23537, Jan. 25, 2012> |
| 1. |
The disclosure of information on the time of outbreak of contagious animal diseases, the kind of contagious animal diseases, etc. towards a farm under Article 3-2 (1) and (3); |
| 2. |
The installation and operation of quarantine and animal disease control in trading ports, airports, entrance zones, etc. under Article 5 (2) of the Act; |
| 2-2. |
The request to be provided with materials or information necessary for the prevention and the quarantine of contagious animal diseases under Article 5 (9) of the Act; |
| 3. |
The formulation and implementation of the plan for the development of veterinary science and technology as referred to in Article 10 (1) of the Act; |
| 5. |
Import permit issued for the items imported to be used for the |
| (2) |
The Mayor/Do Governor shall delegate to the head of aSi/Gun/Gu his authority to appoint honorary animal disease control wardens as referred to in Article 29 of the Act pursuant to Article 55 (1) of the Act.<Amended by Presidential Decree No. 20577, Jan. 31, 2008> |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries or the Mayor/Do Governor shall, pursuant to Article 55 (2) of the Act, entrust the Livestock Health Control Association (hereinafter referred to as the "Health Control Association") under Article 9 of the Act with the function of collecting samples on foot-and-mouth disease, swine fever, Aujesky's disease, Newcastle, and such other disease as determined by the Minister for Food, Agriculture, Forestry and Fisheries, among the duties of inspection under Article 7 (3) of the Act.<Amended by Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 20677, Feb. 29, 2008> |
| (4) |
The Minister for Food, Agriculture, Forestry and Fisheries shall, pursuant to Article 55 (3) of the Act, entrust the function of granting and controlling the grade of status of the control of animal diseases under Article 18 (1) of the Act to the National Agricultural Cooperative Federation established under the Agricultural Cooperatives Act, the Health Control Association, or a non-profit making corporation doing livestock-related business as determined and publicly announced by the Minister for Food, Agriculture, Forestry and Fisheries. <Amended by Presidential Decree No. 18899, Jun. 30, 2005; Presidential Decree No. 20577, Jan. 31, 2008; Presidential Decree No. 20677, Feb. 29, 2008> |
law view
| Article 15-2 (Handling of Uniquely Identifiable Information) |
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The Minister for Food, Agriculture, Forestry and Fisheries, the head of a local government (if the relevant authority has been delegated and entrusted, a person who has been delegated and entrusted with authority shall be included), the director general of the Animal,? Plant, Fisheries Quarantine and Inspection Agency, and the head of an animal disease control agency of a City/Do
may handle materials including the resident registration number, the passport number or the foreign registration number under Subparagraphs 1, 2 and 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if necessary in order to perform duties on the animal disease control and the quarantine under Article 5 of the Act, or duties on the import quarantine under Article 36 of the Act.
[This Article Newly Inserted by President Decree No. 23488, Jan. 6, 2012]
law view
| Article 16 (Criteria on Imposition of Fine for Negligence) |
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Criteria on the imposition of fine for negligence under Article 60 of the Act shall be as attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 20891, Jul. 1, 2008]
law view
| Article 17 Deleted.<by Presidential Decree No. 20577, Jan. 31, 2008> |
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ADDENDA
| (1) |
(Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) |
(Applicability to Payment of Compensation) The amended provisions of Article 11 (1) and the attached Table 1 shall apply beginning by the first case of the payment of compensation, the reason for which may occur after the enforcement of this Decree. |
| (3) |
(Transitional Measures concerning Fine for Negligence) The application of a fine for negligence to the act of offense committed before the enforcement of this Decree shall be governed by the previous provisions. |
ADDENDA<Presidential Decree No. 18212, Jan. 9, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 18899, Jun. 30, 2005>
| (1) |
(Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) |
(Transitional Measures concerning Payment of Compensation) Not- withstanding the amended provisions of the attached Table 1, the previous provisions shall govern any case for which the payment of compensation has not been completed at the time this Decree enters into force. |
| (3) |
(Transitional Measures concerning Fine for Negligence) The application of fine for negligence to the offenses committed before the enforcement of this Decree shall be governed by the previous provisions. |
| (4) |
(Applicability to Standards for Imposing Fine for Negligence by Offense Frequency) The standards for imposing fine for negligence by offense frequency under the amended provisions of the attached Table 2 shall apply starting with the offenses committed after the enforcement of this Decree. |
ADDENDA<Presidential Decree No. 19700, Oct. 12, 2005>
| (1) |
(Enforcement Date) This Decree shall enter into force on November 1, 2006. |
| (2) |
(Transitional Measures concerning Compensation) Notwithstanding the amended provisions of the attached Table 1, the previous provisions shall govern the compensation with respect to a case where brucellosis breaks out again within six months from the date on which brucellosis first broke out at a livestock raising facility at which brucellosis broke out since May 1, 2006 but before the enforcement date of this Decree, or to a person who has applied for an inspection of brucellosis on or before the enforcement date of this Decree. |
ADDENDA<Presidential Decree No. 20079, Jun. 4, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20331, Oct. 23, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 28, 2007. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20577, Jan. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2008: Provided, That the amended provisions of Article 12 (1) 1 shall enter into force on June 22, 2008.
Article 2 (Transitional Measures concerning Fine for Negligence)
The previous provisions shall apply to a fine for negligence on acts before this Decree enters into force.
ADDENDA <Presidential Decree No. 20677, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20891, Jul. 1, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Compensation)
The amended provisions of attached Table 1 on the criteria on payment of compensation for brucellosis shall apply beginning from the first cattle slaughtered after this Decree enters into force.
ADDENDA <Presidential Decree No. 21078, Oct. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4Omitted.
ADDENDA <Presidential Decree No. 21713, Sep. 3, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (1) 1 shall enter into force on November 28, 2009.
Article 2 (Applicability)
The amended provisions of Article 12 (1) and (3) shall apply beginning with domestic animals to which the first order to destroy is issued after this Decree enters into force.
ADDENDA <Presidential Decree No. 22290, Jul. 21, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22497, Nov. 19, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2010.
Articles 2 through 8 Omitted.
ADDENDA<Presidential Decree No. 22561, Dec. 29, 2010>
| (1) |
(Enforcement Date) This Decree shall enter into force on the date of December 30, 2010. |
| (2) |
(Transitional Measures concerning Payment of Compensation) In cases where the owner has been ordered to destroy his/her domestic animals or a veterinary inspector has been directed to destroy the relevant domestic animals under Article 20 (1) or (2) of the Act on or before the enforcement date of this Decree, notwithstanding the amended provisions of the attached Table 1, the previous provisions shall apply. |
Attached Table 1
| 1. |
(c) ... Provided, That in the case of cattle, pigs and deer which have been affected by brucellosis (only falling under cattle), swine fever and tuberculosis (only falling under deer), have evidence from epidemiological investigation or close examination sufficiently reliable to believe that they have been affected by a contagious animal disease, or have been destroyed caused by clinical symptoms; cattle and pigs shall come to the amount corresponding to 4/5 of the appraised value of domestic animal based on the date of being destroyed, otherwise, deer shall come to amount corresponding to 3/5 of the appraised value of domestic animal based on the date of being destroyed. |
| 1. |
(d) ... Provided, That in the case of cattle, pigs and deer which have been affected by brucellosis (only falling under cattle), swine fever and tuberculosis (only falling under deer), have evidence from epidemiological investigation or close examination sufficiently reliable to believe that they have been affected by a contagious animal disease, or have been destroyed caused by clinical symptoms; cattle and pigs shall come to the amount corresponding to 3/5 of the appraised value of domestic animal based on the date of being destroyed, otherwise, deer shall come to amount corresponding to 2/5 of the appraised value of domestic animal based on the date of being destroyed. |
| 1. |
(e) ... Provided, That in the case of cattle, pigs and deer which have been affected by brucellosis (only falling under cattle), swine fever and tuberculosis (only falling under deer), have evidence from epidemiological investigation or close examination sufficiently reliable to believe that they have been affected by a contagious animal disease, or have been destroyed caused by clinical symptoms; cattle and pigs shall come to the amount corresponding to 2/5 of the appraised value of domestic animal based on the date of being destroyed, otherwise, deer shall come to amount corresponding to 1/5 of the appraised value of domestic animal based on the date of being destroyed. |
| 1. |
(f) ... Provided, That in the case of cattle, pigs and deer which have been affected by brucellosis (only falling under cattle), swine fever and tuberculosis (only falling under deer), have evidence from epidemiological investigation or close examination sufficiently reliable to believe that they have been affected by a contagious animal disease, or have been destroyed caused by clinical symptoms; cattle and pigs shall come to the amount corresponding to 1/5 of the appraised value of domestic animal based on the date of being destroyed, otherwise, deer shall not be paid. |
ADDENDA <Presidential Decree No. 22962, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 15, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23038, Jul. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of July 25, 2011.
Article 2 (Applicability concerning Compensation and Assistance in Expenses)
The compensation and the assistance in expenses under Article 11 (4), 12-2 (2) through (6), 13 and the amended provisions of attached Table 1 shall apply beginning from the compensation and the assistance in expenses in which a reason for payment has arisen for the first time after this Decree enters into force.
ADDENDA<Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23537, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of January 26, 2012.
Article 2 (Applicability concerning Compensation)
The compensation under the amended provisions of attached Table 1 shall apply beginning from the first compensation which has grounds for being paid after this Decree enters into force.
