Enforcement Decree Of The Fertilizer Control Act


Published: 2011-03-29

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.
law view
 Article 1 (Purpose)   print
The purpose of this Decree is to provide the matters delegated by the Fertilizer Control Act and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 20981, Aug. 27, 2008>
law view
 Article 1-2 (Exceptions to Application of Act)   print
Cases where the provisions of the Act are not applied pursuant to Article 3 (2) of the Fertilizer Control Act (hereinafter referred to as the "Act") shall be as any of the following subparagraphs: <Amended by Presidential Decree No. 20981, Aug. 27, 2008>
1. Where a person operating agriculture, forestry, livestock breeding or fishery makes a by-product fertilizer of not more than 1.5 tons onan average a day using the by-products produced in the course ofthe operation of the relevant industry, and sells it;
2. Where a person operating agriculture, forestry, livestock breeding or fishery makes a by-product fertilizer using the by-products produced in the course of the operation of the relevant industry, distributesand supplies it without compensation.
[This Article Wholly Amended by Presidential Decree No. 18014, Jun. 25, 2003]
law view
 Article 2 (Composition of Fertilizer Legal Standards Council)   print
(1) The Fertilizer Legal Standards Council (hereinafter referred to as the "Council") shall be established in the Rural Development Administration under the provisions of Article 4 (6) of the Act. <Amended by Presidential Decree No. 16443, Jun. 30, 1999>
(2) The Council shall be comprised of not more than 15 members, including one chairperson and one vice-chairperson. The chairpersonship shall be occupied by the Deputy Administrator of the Rural Development Administration, and the vice-chairpersonship, by the bureau director in charge of fertilizer-related business of the Rural Development Administration. The members of the Council shall be those appointed or commissioned by the Administrator of the Rural Development Administration from among those who fall under any of the following subparagraphs: <Amended by Presidential Decree No. 16443, Jun. 30, 1999; Presidential Decree No. 18413, Jun. 5, 2004; Presidential Decree No. 20677, Feb. 29, 2008>
1. One public official in charge of fertilizer-related business assigned to the Ministry for Food, Agriculture, Forestry and Fisheries;
2. Three public officials in charge of fertilizer-related business assigned to the Rural Development Administration;
3. One public official in charge of fertilizer-related business assigned to any local government;
4. Not more than four persons with abundant knowledge and experience concerning fertilizers and agricultural environment;
5. Not more than four executives or employees assigned to fertilizer producers' associations, fertilizer users' associations, or fertilizer consumers' associations.
(3) The terms of office of members who fall under the provisions of paragraph (2) 4 and 5 shall be three years.
law view
 Article 3 (Functions of Council)   print
The Council shall deliberate the following matters: <Amended by Presidential Decree No. 16443, Jun. 30, 1999>
1. Matters concerning the establishment, alteration, or abolition of the legal standards of fertilizers as prescribed in the provisions of Article 4 of the Act and matters concerning the designation or abolition of the by-product fertilizers;
2. Matters concerning the designation and the public announcement of the high-quality fertilizers as prescribed in the provisions of Article 8;
3. Other matters presented for deliberation by the Administrator of the Rural Development Administration for the purpose of quality management of fertilizers.
law view
 Article 4 (Functions of Chairperson, etc.)   print
(1) The chairperson shall represent the Council and control the overall business of the Council.
(2) The vice-chairperson shall assist the chairperson and act as a chairperson on his/her behalf in cases where the chairperson is unable to carry out his/her duties due to unavoidable circumstances.
law view
 Article 5 (Meetings of Council)   print
(1) The chairperson shall convene meetings of the Council and preside over the meetings.
(2) Attendance by a majority of all the members of the Council shall constitute a quorum for valid meetings thereof, and resolutions shall be passed by the approval of a majority of the members present.
law view
 Article 6 (Executive Secretary and Clerk)   print
(1) The Council shall have one executive secretary and one clerk, both of whom shall be appointed by the Administrator of the Rural Development Administration from among the public officials under the jurisdiction of the Administrator himself. <Amended by Presidential Decree No. 16443, Jun. 30, 1999>
(2) The executive secretary shall handle the clerical work of the Council under orders of the chairperson, and the clerk shall assist the executive secretary.
law view
 Article 7 (Compensations, etc.)   print
Compensations and travel expenses within the limit of the relevant budget may be paid to the members who attend the meetings of the Council: Provided, That the same shall not apply, to the public officials who attend the said meetings in direct relation to the official task he/she is in charge of.
law view
 Article 8 (Promotion, etc. of Development of High-Quality Fertilizer)   print
(1) In cases where the fertilizer newly developed, or whose quality has been improved, in accordance with the provisions of Article 6 of the Act, is recognized as being able to contribute to the protection of agricultural environment and soil and to the increase of agricultural productivity,the Minister for Food, Agriculture, Forestry and Fisheries shall designate the said fertilizer as the high-quality fertilizer and make a public announcement thereof by going through deliberation of the Council. <Amended by Presidential Decree No. 18413, Jun. 5, 2004; Presidential Decree No. 20677, Feb. 29, 2008>
(2) The Minister for Food, Agriculture, Forestry and Fisheries shall set the recognition criteria for the high-quality fertilizer as referred to in paragraph (1) in consultation with the Minister of Knowledge Economy, and make a public announcement thereof. <Newly Inserted by Presidential Decree No. 18413, Jun. 5, 2004; Presidential Decree No. 20677, Feb. 29, 2008>
(3) In order to promote the distribution and consumption of the high-quality fertilizer designated and publicly notified pursuant to paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries may have the agencies of the following subparagraphs take necessary measures, such as teaching how to use it and providing guidance for purchase thereof: <Amended by Presidential Decree No. 16757, Mar. 24, 2000; Presidential Decree No. 20677, Feb. 29, 2008; Presidential Decree No. 20981, Aug. 27, 2008>
1. Local governments;
2. Cooperatives and the National Agricultural Cooperatives Federation under the Agricultural Cooperatives Act.
(4) The Government may support necessary funds for promoting the development, distribution, and consumption of the high-quality fertilizer, within the limit of the relevant budget.
law view
 Article 8-2 (Standards for Calculation of Amount of Losses)   print
(1) The amount of losses under Article 7 (2) of the Act shall be converted into the current price at the time when an accident occurred, however, in cases where the time when an accident occurred is indistinct, the amount of losses shall be in accordance with the current price at the time when such fact was discovered.
(2) In cases where the Minister for Food, Agriculture, Forestry and Fisheries recognizes that losses have occurred due to any natural disaster or other unavoidable reasons, he/she may reduce or exempt the amount of indemnity in consideration of all the relevant conditions at the time of an accident.
[This Article Newly Inserted by Presidential Decree No. 20981, Aug. 27, 2008]
law view
 Article 8-3 (Procedures for Indemnity)   print
(1) In cases where an accident under Article 7 (2) of the Act has occurred, the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") or the National Agricultural Cooperatives Federation shall report such fact to the Minister for Food, Agriculture, Forestry and Fisheries without delay.
(2) In cases where the Minister for Food, Agriculture, Forestry and Fisheries has received the report under paragraph (1), he/she shall confirm the fact, decide the amount of indemnity pursuant to the standards for calculation of the amount of losses under Article 8-2, and notify the Mayor/Do Governor or the National Agricultural Cooperatives Federation thereof.
(3) In cases where the Mayor/Do Governor or the National Agricultural Cooperatives Federation has received a notice of a decision on indemnity pursuant to paragraph (2), he/she or it shall pay the amount of indemnity to a receiving agency determined by the Minister for Food, Agriculture, Forestry and Fisheries within 30 days.
[This Article Newly Inserted by Presidential Decree No. 20981, Aug. 27, 2008]
law view
 Article 9 (Fertilizer Account)   print
(1) The funds that the Government preserves in the fertilizer account in accordance with the provisions of Article 8 (2) and (3) of the Act, shall not be used for any other purpose than for the repayment of the loan for the fertilizer account (including the defrayal from the National Agricultural Cooperatives Federation) and of the interest accrued on the said loan.
(2) The president of the National Agricultural Cooperatives Federation shall prepare, each year, the settlement statement of the fertilizer account which includes the matters of the following subparagraphs, and shall submit it to the Minister for Food, Agriculture, Forestry and Fisheries no later than the 20th day of March of the following year: <Amended by Presidential Decree No. 20677, Feb. 29, 2008>
1. The income statement and the balance sheet of the year concerned;
2. The annexed detailed statement determined by the Minister for Food, Agriculture, Forestry and Fisheries.
law view
 Article 10 (Standards and Test, etc. of Harmfulness)   print
(1) The harmfulness standards for heavy metals with respect to the fertilizer and its raw materials whose importation may be restricted in accordance with the provisions of Article 10 of the Act, shall be as shown in the attached Table 1.
(2) Any person who imports the fertilizer and its raw materials pertaining to which the harmfulness standards for heavy metals have been determined in accordance with the provisions of paragraph (1), shall have them undergo the harmfulness test given by the agency designated by the Minister for Food, Agriculture, Forestry and Fisheries before their custom clearance, under the provisions of Article 10 (3) of the Act: Provided, That this shall not apply to cases where the test results issued by the relevant government agency of the exporting country show them to be lower than the harmfulness standards as shown in the attached Table 1. <Amended by Presidential Decree No. 20677, Feb. 29, 2008>
law view
 Article 11 (Registration of Fertilizer Production Business)   print
(1) Any person who intends to register a fertilizer production business pursuant to Article 11 (1) of the Act shall present (including presentation by an electronic document) an application for registration stating matters under the following subparagraphs by kinds of fertilizers to the head of a Si (in cases of a Special Self-Governing Province, referring to the Governor of a Special Self-Governing Province; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) along with documents prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: <Amended by Presidential Decree No. 15853, Aug. 1, 1998; Presidential Decree No. 16443, Jun. 30, 1999; Presidential Decree No. 18413, Jun. 5, 2004; Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 20677, Feb. 29, 2008; Presidential Decree No. 20981, Aug. 27, 2008>
1. The address and name of the applicant (or, in cases of a juristic person, the title of the juristic person and the name of its representative);
2. The kind and the name of the fertilizer concerned;
3. The guaranteed components and the harmful components and other standards;
4. Locations of the production place and the storage place;
5. Names of raw materials used for the production and their input ratios.
(2) Deleted. <by Presidential Decree No. 18413, Jun. 5, 2004>
(3) In cases where a fertilizer to be produced meets the legal standards and the matters in the application for registration of the relevant fertilizer do not fall under reasons of the restrictions on registration under Article 23 (1) of the Act as a result of examination of the details of the application under paragraph (1), the head of a Si/Gun/Gu shall not refuse the registration of the fertilizer production business. <Amended by Presidential Decree No. 20981, Aug. 27, 2008>
(4) In cases where the fertilizer production business has been registered pursuant to paragraph (3), the head of a Si/Gun/Gu shall record, in the registration book, the registration number, the registration date, and the matters under subparagraphs of paragraph (1); and shall issue a certificate of registration to the applicant. <Amended by Presidential Decree No. 16443, Jun. 30, 1999; Presidential Decree No. 20981, Aug. 27, 2008>
(5) The registration book under paragraph (4) shall be prepared and administered by a method that electronic processing is possible unless any special reason that electronic processing is impossible exists. <Newly Inserted by Presidential Decree No. 20506, Dec. 31, 2007>
law view
 Article 12 (Facilities and other Registration Standards, etc. for Fertilizer Production Business)   print
(1) The facilities necessary for the registration of the fertilizer production business and other registration standards as prescribed in the provisions of Article 11 (3) of the Act shall be as shown in the attached Table 2. <Amended by Presidential Decree No. 16443, Jun. 30, 1999>
(2) The producing business of by-product fertilizers as prescribed in the proviso to Article 11 (3) of the Act means a business of producing by-product fertilizers under Article 1-2. <Amended by Presidential Decree No. 16443, Jun. 30, 1999>
law view
 Article 13 (Report on Alterations, etc. in Registered Matters of Fertilizer Production Business)   print
In cases where a fertilizer producer intends to make a report on any alteration in the matters already registered or discontinuance of business pursuant to Article 11 (4) of the Act, he/she shall submit, to the head of a Si/Gun/Gu, a report which includes information on the relevant matters out of the matters prescribed in the following subparagraphs, together with a certificate of registration: <Amended by Presidential Decree No. 16443, Jun. 30, 1999; Presidential Decree No. 20981, Aug. 27, 2008>
1. The address and name of the reporter (in cases of a juristic person, the title of the juristic person and the name of its representative);
2. In cases of an alteration in the registered matters, the altered matters and the date of such alteration;
3. Deleted; <by Presidential Decree No. 16443, Jun. 30, 1999>
4. In cases of the closure of business, the date of such closure.
law view
 Article 14 (Report of Fertilizer Import Business)   print
(1) Any person who intends to make a report of a fertilizer import business pursuant to Article 12 (1) of the Act shall present a report stating the matters under the following subparagraphs by a kind of fertilizer to the head of a Si/Gun/Gu along with documents prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:
1. The address and name of the reporter (in cases of a juristic person, the title of the juristic person and the name of its representative);
2. Kinds and names of fertilizers;
3. Names of raw materials used for production and their input ratios;
4. Guaranteed components, harmful components and other standards;
5. The seat of a place of business.
(2) In cases where a fertilizer importer intends to make a report on alteration of matters already reported or discontinuance of business pursuant to Article 12 (2) of the Act, he/she shall present a report stating the relevant matters out of the matters under the following subparagraphs to the head of a Si/Gun/Gu along with a certificate of report:
1. The address and name of the reporter (in cases of a juristic person, the title of the juristic person and the name of its representative);
2. In cases of alteration in the matters already reported, the matters altered and the date of such alteration;
3. In cases of discontinuance of business, the date thereof.
[This Article Newly Inserted by Presidential Decree No. 20981, Aug. 27, 2008]
law view
 Article 15 (Methods of Quality Test, etc.)   print
The methods of the quality test and the standards for picking up thetest sample as prescribed in the provisions of Articles 18 and 24 of the Act, shall be determined and publicly announced by the Minister for Food, Agriculture, Forestry and Fisheries. <Amended by Presidential Decree No. 20677, Feb. 29, 2008>
law view
 Article 16 (Types of Violations on which Penalty Surcharges shall be Imposed and Amount of Penalty Surcharges)   print
(1) The types of the violations on which penalty surcharges shall be imposed according to the provisions of Article 21 (2) of the Act and the standards for the amounts of the penalty surcharges depending on the severity of the violations shall be as shown in the attached Table 3.
(2) The head of a Si/Gun/Gu may reduce or increase penalty surcharges pursuant to paragraph (1), within the limit of one half of the said penalty surcharges, in consideration of the size of the business concerned, the severity of the violation itself, and the frequency of violations by the violator in question, etc.: Provided, That in cases of increasing penalty surcharges, the total amount thereof shall not exceed 20 million won. <Amended by Presidential Decree No. 16443, Jun. 30, 1999; Presidential Decree No. 20981, Aug. 27, 2008>
law view
 Article 17 (Imposition of Penalty Surcharges and Payment Thereof)   print
(1) In cases where the head of a Si/Gun/Gu intends to impose any penalty surcharge pursuant to Article 21 of the Act, he/she shall notify (including notification by an electronic document in cases where a person subject to imposition of the penalty surcharge wants it), in writing, the subject of the penalty disposition of the type of the violation committed, and the amount of the relevant penalty surcharge imposed together with the statement that the said subject must pay the penalty surcharge imposed. <Amended by Presidential Decree No. 16443, Jun. 30, 1999; Presidential Decree No. 20506, Dec. 231, 2007; Presidential Decree No. 20981, Aug. 27, 2008>
(2) Any person who has been notified pursuant to paragraph (1) shall pay a penalty surcharge to any recipient agency determined by the head of a Si/Gun/Gu within 60 days after the date of the notification received: in cases where he/she is unable to pay the penalty surcharge within the due date on account of any natural disaster or other unavoidable reasons, he/she shall pay it no later than seven days from the date on which the said reason has been removed. <Amended by Presidential Decree No. 16443, Jun. 30, 1999; Presidential Decree No. 20981, Aug. 27, 2008>
(3) Each recipient agency shall, upon receiving the penalty surcharge in accordance with the provisions of paragraph (2), issue a certificate of the receipt to the payer.
(4) Each recipient agency shall, in cases where the person has paid the penalty surcharge pursuant to paragraph (2), notify such fact to the head of a Si/Gun/Gu without delay. <Amended by Presidential Decree No. 20981, Aug. 27, 2008>
(5) Penalty surcharges may not be paid in installments.
law view
 Article 18 Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>   print
law view
 Article 19 (Delegation of Authority)   print
(1) Deleted. <by Presidential Decree No. 16443, Jun. 30, 1999>
(2) In accordance with the provisions of Article 26 of the Act, the Minister for Food, Agriculture, Forestry and Fisheries shall delegate the authority prescribed in the following subparagraphs to the Administrator of the Rural Development Administration: <Amended by Presidential Decree No. 16443, Jun. 30, 1999; Presidential Decree No. 18413, Jun. 5, 2004; Presidential Decree No. 20677, Feb. 29, 2008>
1. Authority to establish, alter, or abolish the legal standards of fertilizers and to designate or abolish by-product fertilizers under Article 4 of the Act, and to make public notification of the matters aforesaid;
2. Authority to examine quality under Article 18 (2) of the Act;
3. Authority to take a sample for examination and request the submission of data and documents under Article 24 (2) of the Act;
4. Authority to impose and collect fines for negligence under Article 32 of the Act;
5. Authority to designate high-quality fertilizer and make a public announcement thereof and to set the recognition criteria for high-quality fertilizer and make a public announcement thereof as referred to in Article 8 (1) and (2);
6. Authority to establish the methods of the quality test and the standards for picking up the test sample under Article 15, and to make public notification of the matters aforesaid.
law view
 Article 19-2 (Reexamination of Regulation)   print
The Minister for Food, Agriculture, Forestry and Fisheries shall examine by December 31, 2011 if the guideline of the public facilities that is supposed to equip a storage, the area of which exceeds 100 square meter as prescribed in subparagraph 1 of attached Table 2 that provides the facilities of the fertilizer production business and other registration standards is appropriate, and take measures, including improvement thereof. [This Article Newly Inserted by Presidential Decree No. 21626, Jul. 7, 2009]
law view
 Article 20 (Standards for Imposition of Fines for Negligence)   print
Standards for imposition of fines for negligence under Articles 30 and 31 of the Act shall be as the attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 20981, Aug. 27, 2008]
ADDENDUM
This Decree shall enter into force on January 1, 1997.
ADDENDUM<Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA<Presidential Decree No. 15853, Aug. 1, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 1, 1998.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 16443, Jun. 30, 1999>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1999.
(2) (Transitional Measures concerning Members of Council) The members of the Council in active service at the time this Decree enters into force shall be deemed to have been appointed or commissioned by the Administrator of the Rural Development Administration.
ADDENDA<Presidential Decree No. 16757, Mar. 24, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2000. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 18014, Jun. 25, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Fines for Negligence) The former provisions shall govern the application of fines for negligence to the acts committed prior to the enforcement of this Decree.
ADDENDA<Presidential Decree No. 18413, Jun. 5, 2004>
(1) (Enforcement Date) This Decree shall enter into force on June 12, 2004.
(2) (Applicability to Criteria for Harmfulness of Heavy Metals) The amended provisions of subparagraph 1 of the attached Table 1 shall apply to the portion of first imports after this Decree enters into force.
(3) (Applicability to Criteria for Registration of Fertilizer Production Business) The amended provisions of subparagraph 2 of the attached Table 2 shall apply to the portion of the first application for registration after this Decree enters into force.
ADDENDUM<Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 20677, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM<Presidential Decree No. 20981, Aug. 27, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM<Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation
ADDENDA<Presidential Decree No. 22735, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Surcharges)
(1) Notwithstanding the amended provisions of attached Table 3, the previous provisions shall govern the application of criteria for the imposition of penalty surcharges against the offensive acts committed before this Decree enters into force.
(2) No disposition of penalty surcharge that is issued due to an offensive act committed before this Decree enters into force shall be included in the offensive acts in the amended provisions of subparagraph 1 (d) (i) and (ii) of attached Table 3.
Article 3 (Transitional Measures concerning Fines for Negligence)
(1) Notwithstanding the amended provisions of attached Table 4, the previous provisions shall govern the application of criteria for the imposition of fines for negligence against the offensive acts committed before this Decree enters into force.
(2) No disposition of penalty charge that is issued due to an offensive act committed before this Decree enters into force shall be included in the calculation of the number of times of committing offensive acts in the amended provisions of attached Table 4.