Fostering Of Horse Industry Act


Published: 2011-08-04

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to revitalizing the economy in agricultural and fishing villages and improving the quality of citizens' life by prescribing matters concerning the fostering and support of the horse industry, and thus creating a foundation for the growth of the horse industry and strengthening the competitiveness thereof.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "horse industry" means the industry concerning the production, breeding, training, distribution, use, etc. of horses, which is prescribed by Presidential Decree;
2. The term "horse business operator" means a person engaged in the horse industry who meets the standards prescribed by Presidential Decree;
3. The term "horse trainer" means a person who performs horse training duties (excluding training of race horses at a race track), such as training of horses for particular uses, improving the ability of horses, etc., and has obtained qualifications under Article 12;
4. The term "farrier" means a person who performs horseshoeing duties, such as trimming of horses' hooves, manufacturing of horseshoes, etc., and has obtained qualifications under Article 12;
5. The term "rehabilitation riding instructor" means a person who instructs a person to recover from a physical or mental disability through horse-riding, and has obtained qualifications under Article 12;
6. The term "horse using business" means a business providing services by using horses, such as hiring out horses for riding, horse-riding tracking, riding experiences, etc. at a place other than a riding track under the Installation and Utilization of Sports Facilities Act;
7. The term "agricultural and fishing village type riding facilities" (hereinafter referred to as "riding facilities") means facilities in which a person concurrently engages in a business such as the entrusted management of horses and the production, fostering, etc. of riding horses, and a horse using business in any agricultural and fishing village area under subparagraph 5 of Article 3 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry.
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 Article 3 (Relationship with other Acts)   print
Except as expressly provided for in other Acts, this Act shall apply to the fostering of the horse industry.
CHAPTER Ⅱ CREATION OF FOUNDATION FOR FOSTERING HORSE INDUSTRY
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 Article 4 (Responsibility of the State and Local Governments)   print
(1) The State shall promote comprehensive policies to foster the horse industry.
(2) A local government shall formulate and proactively promote policies on the horse industry in consideration of regional characteristics of its jurisdiction.
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 Article 5 (Formulation of Comprehensive Plans)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall formulate a comprehensive plan for fostering the horse industry (hereinafter referred to as "comprehensive plan") every five years for the continuous and systematic growth of the horse industry.
(2) Comprehensive plans shall include the following matters:
1. Direction-setting for and objectives of the fostering of the horse industry;
2. Matters concerning the production and the adjustment of supply and demand of horses;
3. Matters concerning the promotion of the use of horses;
4. Matters concerning surveys, research and technical development regarding the horse industry;
5. Matters concerning training of professionals necessary for the horse industry;
6. Matters concerning designation of and support for special horse industry zones under Article 20;
7. Matters concerning the international exchange and overseas expansion of the horse industry;
8. Matters concerning the quarantine and health control of horses;
9. Matters concerning securing and subsidization of funds necessary for fostering the horse industry;
10. Other matters necessary for fostering the horse industry.
(3) The Minister for Food, Agriculture, Forestry and Fisheries shall formulate and implement an action plan each year to promote the comprehensive plans.
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 Article 6 (Statistics on Horse Industry and Research on Actual Conditions thereof)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall compile and administer statistics on the horse industry and research the actual conditions on the current status of horse business operators, etc. to secure basic data necessary for establishing and implementing policies to foster the horse industry. In such cases, the relevant provisions of the Statistics Act shall apply mutatis mutandis to the preparation and administration of statistics, except as otherwise expressly provided for in this Act.
(2) If necessary for compiling statistics under paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries may request the heads of the relevant central administrative agencies, the heads of local governments, the heads of public institutions under the Act on the Management of Public Institutions, and horse business operators to provide him/her with data. In such cases, the heads of the relevant central administrative agencies, etc. in receipt of a request shall provide data unless justifiable grounds exist.
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 Article 7 (Registration of Horses)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries may designate a registration agency and have horse business operators register horses therewith, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, to apprehend the current status of the production, breeding, training, distribution and use of horses.
(2) The Minister for Food, Agriculture, Forestry and Fisheries may give necessary support to a registration agency designated under paragraph (1).
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 Article 8 (Establishment and Operation of Integrated Horse Industry Information System)   print
The Minister for Food, Agriculture, Forestry and Fisheries may establish and operate an integrated horse industry information system to provide information on horses, such as the breeding, health control of horses, etc., and information on the horse industry.
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 Article 9 (Agencies Taking Exclusive Responsibility for Fostering Horse Industry)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries may designate an agency taking exclusive responsibility for fostering the horse industry (hereinafter referred to as "agency taking exclusive responsibility") to efficiently executing a comprehensive plan.
(2) An agency taking exclusive responsibility shall perform the following duties entrusted by the Minister for Food, Agriculture, Forestry and Fisheries:
1. Implementing detailed policies for executing a comprehensive plan;
2. Research and development related to the horse industry, such as the establishment and operation of a horse industry research institutes, etc.
(3) The Minister for Food, Agriculture, Forestry and Fisheries may subsidize expenses incurred in performing duties under the subparagraphs of paragraph (2) to an agency taking exclusive responsibility within budget limits.
(4) Matters necessary for the designation of an agency taking exclusive responsibility, standards and procedures for revoking such designation and the operation of such agency, etc. shall be prescribed by Presidential Decree.
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 Article 10 (Training, etc. for Experts)   print
(1) To train experts in the horse industry, the Minister for Food, Agriculture, Forestry and Fisheries may designate the Korean Racing Association established under the Korean Racing Association Act, research institutes, educational institutions, etc. as training institutions of experts, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) The Minister for Food, Agriculture, Forestry and Fisheries may subsidize expenses incurred in training experts to training institutions of experts designated pursuant to paragraph (1) within budget limits.
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 Article 11 (Horse Industry-Related Qualification Systems)   print
The Minister for Food, Agriculture, Forestry and Fisheries may operate a qualification systems for horse trainers, farriers and rehabilitation riding instructors.
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 Article 12 (Horse Industry-Related Qualification Tests and Accreditation)   print
(1) A person who intends to be a horse trainer, farrier or rehabilitation riding instructor shall pass qualification tests administered by the Minister for Food, Agriculture, Forestry and Fisheries.
(2) No horse trainer, farrier and rehabilitation riding instructor shall allow any third person to use his/her name or lend his/her certificate of qualification to any third person.
(3) No one shall use the name of horse trainer, farrier or rehabilitation riding instructor without obtaining such qualification or hire a certificate of qualification, or help any third person use the name thereof or hire a certificate of qualification.
(4) Matters necessary for eligibility to apply for qualification tests for horse trainers, farriers and rehabilitation riding instructors, the subjects of test, the methods of test, fail/pass criteria in tests, classification of grades and issuance of certificates of qualification, etc., shall be prescribed by Presidential Decree.
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 Article 13 (Disqualification and Revocation of Qualification)   print
(1) None of the following persons may be a horse trainer, farrier or rehabilitation riding instructor: <Amended by Act No. 11005, Aug. 4, 2011>
1. An incompetent or quasi-incompetent;
2. A mental patient under subparagraph1 of Article 3 of the Mental Health Act: Provided, That a person deemed capable of performing his/her duties by a mental health medical specialist shall be excluded;
3. A person prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries who is a narcotic or other psychotropic drug addict;
4. A person whose qualification was revoked pursuant to paragraph (2) and in whose case three years have not passed from the date his/her qualification was revoked.
(2) Where a horse trainer, farrier or rehabilitation riding instructor falls under any of the following subparagraphs, the Minister for Food, Agriculture, Forestry and Fisheries may revoke his/her qualification or order the suspension of qualification within the period of three years: Provided, That where he/she falls under subparagraph 1 or 2, the Minister for Food, Agriculture, Forestry and Fisheries shall revoke his/her qualification:
1. Where he/she obtains his/her qualification by false or other unlawful means;
2. Where he/she falls under any of the provisions of paragraph (1) 1 through 3;
3. Where he/she lends a certificate of qualification to any third person;
4. Where he/she performs his/her duties during the period of suspension of qualification.
(3) Detailed standards for administrative dispositions under paragraph (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries in consideration of grounds for such disposition, the severity of violation, etc.
CHAPTER Ⅲ FOSTERING OF HORSE INDUSTRY
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 Article 14 (Stabilization of Supply and Demand and Prices of and Revitalization of Distribution of Horses)   print
(1) The State and a local government may formulate and implement policies necessary for adjusting the supply and demand of horses, supporting the creation of self-help funds under the Creation and Management of Self-Help Livestock Funds Act, opening a horse market and revitalizing the distribution of horses, etc. to ensure smooth supply and demand and supply of, and the stabilization of prices of horses based on to the conditions of the use of horses.
(2) The State and a local government may give necessary support to horse business operators to efficiently implement polices under paragraph (1).
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 Article 15 (Reporting Riding Facilities)   print
(1) A person who intends to operate riding facilities shall report to the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), as prescribed by Presidential Decree. The same shall also apply where the person intends to modify reported matters (excluding a modification of insignificant matters prescribed by Presidential Decree).
(2) An operator of riding facilities shall meet facility and safety standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries for ensuring comfortable use and safety of users.
(3) An operator of riding facilities shall purchase insurance, as prescribed by Presidential Decree, to compensate for damage related to the operation of riding facilities or caused in riding facilities.
(4) Where an operator of riding facilities falls under any of the following subparagraphs, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may revoke his/her business or order him/her to suspend all or part of his/her business up to the fixed period of six months:
1. Where he/she fails to conduct business for not less than six months without justifiable grounds;
2. Where he/she violates the facility and safety standards under paragraph (2);
3. Where he/she dumps or buries a dead or sick horse, in violation of Article 22 of the Act on the Prevention of Contagious Animal Diseases.
(5) Detailed standards concerning the revocation or suspension of business under paragraph (4) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries in consideration of grounds for such disposition, the severity of violation, etc.
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 Article 16 (Exclusion from Application of the Installation and Utilization of Sports Facilities Act)   print
The Installation and Utilization of Sports Facilities Act shall not apply to riding facilities installed pursuant to Article 15 (1).
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 Article 17 (Subsidization of Riding Facilities)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries may subsidize the installation of riding facilities or improvement or repair works, etc. under this Act to promote the use of horses.
(2) The Minister for Food, Agriculture, Forestry and Fisheries may subsidize educational or public relations activities or subsidize some of premiums to horse business operators prescribed by Presidential Decree to encourage them to purchase an accident insurance related to the horse industry.
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 Article 18 (Support for Overseas Expansion)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries may finance overseas public relations and international exchange activities to enhance competitiveness in the export of horses and horse-related goods of business operators who conduct business in the Republic of Korea and to vitalize their overseas expansion.
(2) An agency taking exclusive responsibility may establish and operate places of business overseas to efficiently support the activities under paragraph (1) efficiently.
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 Article 19 (Fostering of Home-Bred Horses)   print
The State, a local government or an agency taking exclusive responsibility shall perform the following activities to foster home-bred horses (hereinafter referred to as "home-bred horses"):
1. Activities to promote the utilization of home-bred horses;
2. Activities involving the development and distribution of technologies to promote the production of home-bred horses;
3. Activities to foster home-bred horses in Jeju Special Self-Governing Province, etc. as a riding horse breed.
CHAPTER Ⅳ SPECIAL HORSE INDUSTRY ZONES
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 Article 20 (Designation of Special Horse Industry Zones)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall designate special horse industry zones among regions satisfying all of the following requirements:
1. It shall be necessary to create the circumstances for the growth of the horse industry in such a manner that various businesses related to horses are combined;
2. Facilities and the size of the production of the horse industry, etc. in the relevant region shall exceed the standards prescribed by Presidential Decree.
3. Regions that satisfy the requirement under subparagraph 2 shall not be isolated geographically.
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may apply individually or jointly for designation of a special horse industry zone with the head of a Si/Gun/Gu of an adjacent local government.
(3) Matters necessary for application for or designation of a special horse industry zone, the revocation thereof, and procedures for change of the area, etc. shall be prescribed by Presidential Decree.
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 Article 21 (Formulation and Implementation of Promotion Plans for Special Horse Industry Zones)   print
(1) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu of a region designated as a special horse industry zone shall individually or jointly formulate and implement a promotion plan for the special horse industry zone according to a comprehensive plan for promoting the horse industry in his/her jurisdiction.
(2) Matters necessary for formulating and implement a promotion plan for a special horse industry zone, such as matters to be included therein under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 22 (Support for Special Horse Industry Zones)   print
(1) Where a horse business operator who has a place of business in a special horse industry zone requests the State or a local government to subsidize funds used for his/her business, it may subsidize such funds within budget limits.
(2) The State or a local government may give administrative or financial support to any business for promoting a special horse industry zone.
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 Article 23 (Reduction of and Exemption from Taxes)   print
The State may reduce and exempt corporate tax, income tax, etc. imposed on horse business operators who have a place of business in a special horse industry zone pursuant to the Restriction of Special Taxation Act to support the horse industry in the special horse industry zone.
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 Article 24 (Lending, Use, etc. of State or Public Property)   print
(1) Where the State or a local government deems it necessary for promoting a special horse industry zone, notwithstanding the State Property Act or the Public Property and Commodity Management Act, it may lend or sell State or public property to a horse business operator in a special horse industry zone, or permit him/her use or profit from such property through a private contract.
(2) Specific details and conditions of lending, use of, profiting from, sale, etc. of State or public property under paragraph (1) shall be in accordance with the State Property Act or the Public Property and Commodity Management Act,
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 Article 25 (Assessment of Special Horse Industry Zones)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall assess the conditions of implementing a promotion plan for special horse industry zones under Article 21 and may give necessary support to exemplary special horse industry zones, as prescribed by Presidential Decree
(2) If the findings of assessment under paragraph (1) reveal that any special horse industry zone fails to satisfy the requirements for designation of a special horse industry zone under Article 20 or the actual outcomes of implementing the promotion plan insufficient, the Minister for Food, Agriculture, Forestry and Fisheries may take necessary measures, such as revoking the designation of a special horse industry zone, adjusting the area thereof, recommending an improvement, etc.
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
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 Article 26 (Filing Reports and Inspection)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries may have the head of a local government and the head of an agency taking exclusive responsibility file a report on matters necessary for formulating and implementing policies for the horse industry and other matters necessary for enforcing this Act to him/her, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) If necessary for enforcing this Act, the Minister for Food, Agriculture, Forestry and Fisheries and the head of a local government may have horse business operators file a necessary report or submit data, and have his/her subordinate public officials inspect duties concerning their business, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(3) A public official who conducts an inspection under paragraph (2) shall carry an identification card indicating his/her authority and produce it to interested persons.
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 Article 27 (Hearings)   print
Where the Minister for Food, Agriculture, Forestry and Fisheries, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu intends to issue any of the following dispositions, he/she shall hold a hearing:
1. Revocation of qualification under Article 13 (2);
2. Revocation or suspension of business under Article 15 (4).
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 Article 28 (Delegation or Entrustment of Authority or Duties)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries may delegate part of his/her authority or duties under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of a Special Self-Governing Province, or entrust the same to any agency taking exclusive responsibility, institution, corporation or organization related to livestock industry, as prescribed by Presidential Decree.
(2) The Minister for Food, Agriculture, Forestry and Fisheries may subsidize all or some expenses incurred in performing duties entrusted under paragraph (1).
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 Article 29 (Legal Fiction as Public Officials in Application of Penal Provisions)   print
Executives and employees of an agency taking exclusive responsibility, institution, corporation or organization related to livestock industry engaged in the duties entrusted pursuant to Article 28 shall be deemed public officials for the purposes of the penal provisions under Articles 129 through 132 of the Criminal Act.
CHAPTER Ⅵ PENAL PROVISIONS
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 Article 30 (Penal Provisions)   print
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:
1. A person who obtains qualification for a horse trainer, farrier or rehabilitation riding instructor by false or other unlawful means, in violation of Article 12 (1);
2. A person who allows any third person to use the name of a horse trainer, farrier or rehabilitation riding instructor or lends a certificate of such qualification to any third person, in violation of Article 12 (2);
3. A person who uses the name of horse trainer, farrier or rehabilitation riding instructor or hires a certificate of such qualification, or helps any third person use the name thereof or lend a certificate of qualification, in violation of Article 12 (3).
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 Article 31 (Fines for negligence)   print
(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:
1. A person who operates riding facilities without filing a report pursuant to the former part of Article 15 (1);
2. A person who fails to file a report on modification under the latter part of Article 15 (1);
3. A person who violates facility and safety standards under Article 15 (2);
4. A person who operates riding facilities without purchasing insurance, in violation of Article 15 (3);
5. A person who continues running business, in violation of disposition issued under Article 15 (4);
6. A person who fails to file a report or submit data under Article 26 (2), or file a false report or submits false data.
(2) The Minister for Food, Agriculture, Forestry and Fisheries, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall impose and collect fines for negligence under paragraph (1), as prescribed by Presidential Decree.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 11005, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.