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Ginseng Industry Act


Published: 2011-07-25

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to protect and rear ginseng as a special agricultural product, and to contribute to sound development of the ginseng industry, by means of prescribing matters necessary for the cultivation, manufacture, inspection, etc. of the ginseng and its varieties.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "ginseng" refers to the ginseng generic plant of the family Araliaceae;
2. The term "raw ginseng" refers to the undried ginseng;
3. The term "red ginseng" refers to the raw ginseng cooked by means of steam or otherwise, and then dried up, appearing in the color prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries;
4. The term "Taegeuk ginseng" refers to the raw ginseng cooked in boiling water or by other means and then dried up, appearing in the color specified by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries;
5. The term "white ginseng" refers to the raw ginseng dried up, without being cooked, by means of sunbeams, hot blast, or otherwise;
6. The term "other ginseng" refers to the products manufactured with raw ginseng as raw material (excluding those falling under subparagraphs 3 through 5) and prescribed by Ordinance of the Ministry for food, Agriculture, Forestry and Fisheries;
7. The term "ginseng varieties" refers to all the products as referred to in the provisions of subparagraphs 2 through 6 of this Article;
8. The term "root year" refers to the number of years in which the ginseng germinated and grew;
9. The term "place of origin" refers to a country or an area where ginseng was produced;
10. The term"ginseng varieties manufacture" refers to the manufacture of the red ginseng, Taegeuk ginseng, white ginseng or other ginseng with the raw ginseng as raw material;
11. The term"ginseng product varieties" refers to foods manufactured or processed with ginseng varieties as raw materials, from among the foods entered on the codex of food or such under Article 14 of the Food Sanitation Act or the codex of functional foods for health under Article 19 of the Functional Health Foods Act;
12. The term "producers' organizations" refers to the Ginseng-related Items Cooperatives under the Agricultural Cooperatives Act (hereinafter referred to as the "Cooperatives"), the National Agricultural Cooperative Federation, and corporations related to ginseng as prescribed by Ordinance of the Ministry for food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 3 (Formulation of Promotion Policies of Ginseng Industry)   print
(1) The Minister for Food, Agriculture, Forestry Fisheries shall formulate and execute necessary policies for promoting the ginseng industry; policies for improvement of the productivity of the ginseng and its varieties, for promoting exportation thereof, for amelioration of the distributive system thereof, for stabilization of the prices thereof, for quality inspection thereof, for research on and development of the ginseng and its varieties, etc.
(2) The Minister for Food, Agriculture, Forestry and Fisheries may have the producers' organizations and such research institutes as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, carry out projects pertaining to the development and dissemination of high-quality ginseng seeds and seedlings and ginseng cultivation and inspection techniques, pertaining to the survey of suitable land for ginseng cultivation, pertaining to the development of a variety of ginseng products, etc.
(3) The State or the local government may provide aid or loan, within the limit of the relevant budget, for the expenses necessary for the execution of the policies or projects referred to in paragraphs (1) and (2) of this Article.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 3-2 (Relations with Other Acts)   print
This Act shall not apply to the matters prescribed by the Forestry and Mountain Villages Development Promotion Act with respect to the mountain ginseng which is a special forest product as defined in subparagraph 3-2 of Article 2 of same Act.
[This Article Newly Inserted by Act No. 10948, Jul. 25, 2011]
CHAPTER Ⅱ CULTIVATION AND HARVEST OF GINSENG
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 Article 4 (Report on Cultivation of Ginseng)   print
(1) The person who desires to cultivate ginseng may report to the Cooperative which controls the cultivation field as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. Where he/she intends to modify important matters which Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries prescribes among the matters he/she reported, the same shall also apply.
(2) The person who falls under any of following subparagraphs may report to the Cooperative which controls the cultivation field on inheritance, acquisition by transfer or merger as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:
1. Any person who has inherited or acquired by transfer the cultivation field which was reported under paragraph (1);
2. In case where the cultivator who has reported under paragraph (1) is a corporation, one who survives after its merger or one who is established by merger.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 5 Deleted.<by Act No. 5664, Jan. 21, 1999>   print
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 Article 6 Deleted.<by Act No. 5664, Jan. 21, 1999>   print
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 Article 7 Deleted.<by Act No. 5664, Jan. 21, 1999>   print
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 Article 8 (Methods, Instruction, etc. of Cultivation)   print
(1) For the purpose of increasing the income of ginseng cultivators and of improving the quality of the ginseng varieties, the Administrator of the Rural Development Administration may determine and then announce publicly, the standard ginseng cultivation methods after consulting with producers' organizations.
(2) The Administrator of the Rural Development Administration and producers' organizations may guide ginseng cultivators to cultivate ginseng in conformity with the standard ginseng cultivation methods as referred to in paragraph (1) of this Article.
(3) In the course of cultivating ginseng, ginseng cultivators shall not use such residual agricultural chemicals or chemical fertilizers as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That the chemical fertilizers determined and publicly announced by the Minister for Food, Agriculture, Forestry and Fisheries may be used in cases where ginseng is cultivated in the way determined and publicly announced by the same Minister, such as hydroponics.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 9 (Confirmation of Root Year of Raw Ginseng)   print
(1) In cases where the cultivator of ginseng desires to harvest raw ginseng of not less than five-year old roots, he/she may file an application with the Cooperative for the confirmation of the root year as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) The Cooperative, when there is a request made under paragraph (1), shall have the employee charged with inspection participate in the harvest and confirm the root year of raw ginseng.
(3) Matters necessary for the confirmation of the root year such as the method and procedure of confirming the root year and qualification requirements, etc. of an employee charged with inspection under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
CHAPTER Ⅲ CULTIVATION ON CONTRACT AND ADJUSTMENT OF DEMAND AND SUPPLY
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 Article 10 (Contract Cultivation, etc.)   print
(1) For the purpose of the adjustment of the demand and supply of the raw ginseng and of the stabilization of the prices thereof, the Minister for Food, Agriculture, Forestry and Fisheries may encourage, and mediate for the following contractual cultivation:
1. Cultivation on contracts between ginseng cultivators or producers' organizations;
2. Cultivation on contracts among ginseng cultivators, ginseng manufacturers and processors.
(2) In order to expand, etc. the contract cultivation as referred to in paragraph (1) of this Article, the Minister for Food, Agriculture, Forestry and Fisheries may give the first priority to the contractors concerned in extending his/her assistance with the project expenses pursuant to Article 3 (3).
(3) Matters necessary for the encouragement of and mediation for the contract cultivation and the preferential assistance with project expenses under paragraphs (1) and (2) of this Article, shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 11 (Purchase and Storage, Release Control, etc.)   print
In case where the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary for stabilizing prices of the ginseng varieties, he/she may have the producers' organizations purchase, store and release them.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
CHAPTER Ⅳ MANUFACTURE OF GINSENG VARIETIES, ETC.
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 Article 12 (Report, etc. of Ginseng Varieties Manufacturing Business and Ginseng Product Varieties Manufacturing)   print
(1) The person who desires to carry on, as his/her business, the manufacture of ginseng varieties shall report to the head of a Si (including the Governor of a Special Self-Governing Province; hereinafter the same shall apply)/Gun/autonomous Gu (hereinafter referred to as the "head of Si/Gun") who has jurisdiction over the manufacturing site as prescribed by Ordinance of Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That where the ginseng cultivator manufactured for himself/herself red, Taegeuk or white ginseng, or other ginseng with raw ginseng which was produced by him/her, as the raw material, and sells it to the person who collects (hereinafter referred to as the "collector") for the purpose of export or wholesale, he/she may be excused from filing a report thereon.
(2) The person who intends to make report of manufacturing business of red or Taegeuk ginseng or other ginseng under paragraph (1) shall equip himself/herself with such facility criteria as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(3) In case where the person who made the report under paragraph (1) (hereinafter referred to as the "manufacturer of ginseng varieties") has modified the important items such as leasing facilities, etc. from among the reported items as prescribed by Presidential Decree, suspended the business, or resumed the suspended business, he/she shall report thereon to the head of Si/Gun within 20days from the date on which the change has occurred.
(4) The manufacturer of ginseng varieties may, in case where he/she intends to manufacture or process the items as prescribed by Presidential Decree from among the ginseng product varieties, by using the by-products, which remain after the manufacture of ginseng varieties, as raw materials, file a report with the head of Si/Gun. In this case, it shall be considered to have reported on the business of manufacturing or processing foods under Article 37 of the Food Sanitation Act.
(5) The manufacturer of ginseng varieties who intends to file a report under paragraph (4) shall equip himself/herself with the facilities satisfying the criteria for facilities under Article 36 (1) 1 of the Food Sanitation Act.
(6) The head of Si/Gun shall, in case where he/she receives a report under paragraph (4), without delay notify thereof to the head of administrative agency having jurisdiction over the report on the business for food manufacture or processing under Article 37 of the Food Sanitation Act.
(7) The head of Si/Gun may ex officio cancel the reported matters where a manufacturer of ginseng varieties files a report on discontinuation of his/her business with the head of the competent tax office or where the head of the competent tax office cancels the business registration under Article 5 of the Value-Added Tax Act,
(8) In order to ascertain whether a manufacturer of ginseng varieties has discontinued his/her business, the head of Si/Gun may request the head of the competent tax office to furnish necessary materials, if necessary. In such cases, the head of the competent tax office requested to furnish the materials shall not reject such request without any justifiable ground.
(9) Any materials furnished to the head of Si/Gun under paragraph (8) shall be exempted from any fees or charges.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 13 Deleted.<by Act No. 5664, Jan. 21, 1999>   print
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 Article 14 (Succession, etc. to Status of Manufacturer)   print
(1) The following persons shall succeed to the status of the manufacturer of ginseng varieties:
1. Where any manufacturer of ginseng varieties dies, the heir;
2. Where any manufacturer of ginseng varieties transfers his/her business, the transferee;
3. Where any manufacturer of ginseng varieties who is a corporation merges with another, the corporation surviving after the merger or newly established through the merger.
(2) The person who succeeds to the status of the manufacturer of ginseng varieties in accordance with paragraph (1) shall report to the head of Si/Gun within 20 days from the date when he/she does so in accordance with Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. In this case, if he/she intends to succeed to the manufacture or process of ginseng product varieties under Article 12 (4), he/she may concurrently file a report thereon.
(3) The person who concurrently files a report on succeeding to the manufacture of ginseng product varieties under paragraph (2) shall be considered to have filed a report on succeeding to the business under Article 39 (3) of the Food Sanitation Act. In this case, the head of Si/Gun shall without delay notify the head of the competent administrative agency of the contents of the relevant report.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 15 (Standards, etc. for Manufacturing Ginseng Varieties)   print
(1) The person who manufactures ginseng varieties shall manufacture red, Taegeuk or white ginseng, or other ginseng in classification of them according to their root years and indicate the relevant root years and place of origin on the corresponding products, containers, or package. In such cases, matters necessary for the marking methods and criteria for judging of the place of origin or such shall be prescribed by Presidential Decree.
(2) The person who manufactures ginseng varieties shall observe the manufacturing standards as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(3) The Minister for Food, Agriculture, Forestry and Fisheries may, for securing the safety of ginseng varieties and for protection of consumers, have the head of the national agricultural product inspection agency or the head of ginseng varieties inspection agency under Article 17 (1) order a manufacturer of ginseng varieties to submit or report the data concerning the observance of the provisions of paragraphs (1) and (2) or order the relevant personnel to have access to a factory to ascertain whether it observes the provisions of paragraphs (1) and (2).
(4) In case of paragraph (3), the relevant employee shall carry an identification verifying his/her authority and show it to the persons concerned.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 16 (Closure of Business, etc.)   print
(1) The head of Si/Gun shall, where a manufacturer of ginseng varieties in connection with the manufacture of ginseng varieties falls under any of the following subparagraphs, order the closure of business, or the suspension of whole or part of business for a fixed period of no more than six months: Provided, That where the manufacturer falls under subparagraph 4, the head of a Si/Gun shall order the closure of business:
1. Where the manufacturer does not meet the facility standards under Article 12 (2);
2. Where he/she violates the manufacturing method under Article 15 (1) or fails to mark the root years or the place of origin, or marks it falsely;
3. Where he/she violates the manufacturing standards under Article 15 (2);
4. Where he/she conducts business during the suspension of business in violation of the order for the suspension of business pursuant to this Article.
(2) The person (in case of a corporation, its representative or officer shall be included) for whom one year has not passed after having received the closure order of his/her business under paragraph (1) may not report on the manufacture of ginseng varieties under Article 12 (1).
(3) Detailed criteria for the closure order or suspension disposition of business under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
CHAPTER Ⅴ INSPECTION, EXPORTATION, IMPORTATION, ETC.
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 Article 17 (Inspection)   print
(1) The person who falls under any of the following subparagraphs shall conduct his/her self-inspection as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries or undergo the inspection of a ginseng varieties inspection agency (hereinafter referred to as the "ginseng varieties inspection agency") designated and announced by the Minister for Food, Agriculture, Forestry and Fisheries: Provided, That he/she may be exempted from such inspection in the cases of manufacturing for himself/herself under the proviso to Article 12 (1) and other cases prescribed by Presidential Decree:
1. The person who has manufactured red, Taegeuk or white ginseng, or other ginseng for the purpose of sale or export;
2. The collector who has collected red, Taegeuk or white ginseng, or other ginseng which was manufactured for himself/herself under the proviso to Article 12 (1), for the purpose of export or wholesale;
3. The person who has imported red, Taegeuk or white ginseng, or other ginseng for the purpose of sale.
(2) The ginseng varieties inspection agency and the self-inspection enterprise pursuant to Article 17-2 (2) shall record the actual results of inspection in a record of inspection and keep it for the warranty period prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(3) The inspection pursuant to paragraph (1) shall be conducted in classification of root year inspection, quality inspection, package inspection, marking inspection or such, and the standards and methods of the inspection, warranty period and other matters necessary for the inspection shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(4) With respect to products which have passed the inspection pursuant to paragraph (1), a self-inspection certificate or an inspection certificate stamp shall be affixed or printed on their packages or so as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That in cases of ginseng varieties for export, a self-inspection certificate or an inspection certificate stamp needs not be affixed thereon.
(5) The ginseng varieties inspection agency and the self-inspection enterprise pursuant to Article 17-2 (2) shall submit the matters prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, such as inspected quantities and the result of inspection, to the head of the national agricultural products inspection agency.
(6) The person who manufactures or collects seeds or seedlings of ginseng may have an inspection on the quality of the ginseng seed and seedling inspection agency designated and announced by the Minister for Food, Agriculture, Forestry and Fisheries as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(7) The person who intends to have an inspection of a ginseng varieties inspection agency or a ginseng seeds and seedlings inspection agency pursuant to paragraphs (1) and (6) shall pay fees to the inspection agency as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 17-2 (Designation of Self-Inspection Enterprises)   print
(1) The person who intends to conduct his/her self-inspection pursuant to Article 17 (1) shall provide himself/herself with facilities, human resources, actual results of having had an inspection on manufacturing for himself/herself, a written standard of manufacturing control or such as prescribed by Presidential Decree, and shall be designated as a self-inspection enterprise on ginseng by types, such as red, Taegeuk or white ginseng, or other ginseng from the head of the national agricultural products inspection agency.
(2) The person who has been designated as a self-inspection enterprise pursuant to paragraph (1) (hereinafter referred to as the "self-inspection enterprise") may conduct the self-inspection on red, Taegeuk or white ginseng, or other ginseng only manufactured by himself/herself from raw ginseng as raw material: Provided, That in case of ginseng for export purpose, he/she may even affix his/her own trademark on red, Taegeuk or white ginseng, or other ginseng not manufactured by himself/herself and conduct the self-inspection on them.
(3) In cases where there are changes in facilities or human resources or such designated, the self-inspection enterprise shall make a report to the head of the national agricultural products inspection agency within one month from the date when the reason of such changes has arisen.
(4) Matters necessary for the procedures for designation of the self-inspection enterprise pursuant to paragraph (1) and report of changes or such pursuant to paragraph (3) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 17-3 (Cancellation of Designation of Self-Inspection Enterprise)   print
(1) The head of the national agricultural products inspection agency shall, in cases where the self-inspection enterprise falls under any of the following subparagraphs, order the correction thereof, or order the suspension of inspection not exceeding six months or the cancellation of designation: Provided, That in case of subparagraph 6, he/she shall order the cancellation of designation:
1. In cases where it has sold ginseng varieties or stored or displayed them for the purpose of sale without conducting the self-inspection or undergoing the inspection by a ginseng varieties inspection agency in violation of Article 17 (1);
2. In cases where it has inspected ginseng varieties not coming up to the standard of inspection as goods found acceptable in violation of Article 17 (3);
3. In cases where it has sold ginseng varieties without having affixed or printed a self-inspection certificate or an inspection certificate stamp in violation of the main sentence of Article 17 (4);
4. In cases where it has conducted the self-inspection on red, Taegeuk or white ginseng, or other ginseng not manufactured by itself in violation of Article 17-2 (2): Provided, That in cases where it has conducted the self-inspection on ginseng varieties for export with its own trademark affixed thereon, this shall not apply;
5. In cases where it has violated the corrective order under this Article;
6. In cases where it has conducted the self-inspection during the suspension of inspection in violation of the order for the suspension of inspection under this Article;
(2) The person (in case of a corporation, including its representative or executive) in whose case two years have not passed after the cancellation of designation as the self-inspection enterprise pursuant to paragraph (1) shall not be designated as the self-inspection enterprise under Article 17-2 (1).
(3) Detailed standards of the corrective order for, suspension of inspection of or cancellation of designation of the self-inspection enterprise under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 17-4 (Inspection for Confirmation on Goods which Passed Inspection)   print
(1) The head of the national agricultural products inspection agency may, when he/she deems it necessary for quality control of ginseng varieties, conduct an inspection for confirmation on goods which passed the inspection under Article 17 (1).
(2) The head of the national agricultural products inspection agency may, when the relevant goods do not come up to the standard of inspection under Article 17 (3) as a result of the inspection for confirmation under paragraph (1), order a person falling under any of the subparagraphs of Article 17 (1) to collect, discard or reinspect goods the inspection date of which is same as that of the relevant goods, and have a public official under his/her control seize the goods if the person does not comply with that order under conditions prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. In such cases, matters necessary for the procedures for seizure or such shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(3) Any public official under his/her control who intends to seize pursuant to paragraph (2) shall carry an identification verifying his/her authority and show it to the person concerned.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 17-5 (Qualifications, etc. for Inspectors)   print
(1) The ginseng varieties inspection agency and the self-inspection enterprise shall have inspectors who have received education under paragraph (3) conduct the inspection pursuant to Article 17 (1).
(2) The inspectors referred to in paragraph (1) shall be those of knowledge and experience in the quality control of ginseng and meet the qualifications prescribed by Presidential Decree.
(3) The inspectors under paragraph (2) shall receive education conducted by the head of the national agricultural products inspection agency for the quality control of ginseng varieties.
(4) Matters necessary for the contents and time of education under paragraph (3) and collection of expenses involved or such shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 17-6 (Request for Objection, etc. against Inspection Result)   print
(1) Where the person who underwent inspection of a ginseng varieties inspection agency or a ginseng seeds and seedlings inspection agency pursuant to Article 17 (1) and (6) objects to the result of inspection, he/she may raise an objection to the head of the inspection agency concerned and undergo inspection again.
(2) The matters necessary for the raising of objection, procedure of reinspection, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 18 Deleted.<by Act No. 9759, Jun. 9, 2009>   print
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 Article 19 (Restriction, etc. on Trading Uninspected Goods, etc.)   print
(1) The person who engages in sale of red, Taegeuk or white ginseng, or other ginseng shall neither sell nor store or display for the purpose of sale of ginseng by removing or modifying the root year marking as provided for in Article 15 (1).
(2) The red, Taegeuk or white ginseng, or other ginseng which failed to undergo or pass the inspection pursuant to Article 17 (1) may neither be sold or exported, nor stored or displayed for the purpose of sale.
(3) The head of national agricultural product inspection agency may, when he/she finds any red, Taegeuk or white ginseng, or other ginseng in custody or on display, which has not undergone the inspection pursuant to Article 17 (1) or failed to pass such inspections, for the purpose of sale or export, have such products seized by his/her public officials or order the person falling under any subparagraph of Article 17 (1) to have such products inspected.
(4) The person who sells red, Taegeuk or white ginseng, or other ginseng shall not unpack a package of goods inspected which a self-inspection certificate or an inspection certificate stamp is affixed or printed on pursuant to the main sentence of Article 17 (4), keep or display them for the purpose of sale, or change the contents or packing unit thereof.
(5) Article 17-4 (2) and (3) shall apply mutatis mutandis to the procedures, etc. for the seizure pursuant to paragraph (3).
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 20 (Recommendation for Importation of Ginseng Varieties Corresponding to Quantity Accessible to Markets)   print
(1) Deleted. <by Act No. 5664, Jan. 21, 1999>
(2) The person who desires to import, by concessionary tariff rates, ginseng varieties corresponding to the quantity of merchandise accessible to markets as shown on the Schedules of Concessions and Commitments of the Republic of Korea pursuant to the Marrakesh Agreement Establishing the World Trade Organization, shall obtain the recommendation of the Minister for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 8852, Feb. 29, 2008; Act No. 10948, Jul. 25, 2011>
(3) The person who imports the ginseng varieties under paragraph (2) of this Article, shall pay such an amount as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, within the range of the difference between the importation price and the sale price, into the Agricultural Product Price Stabilization Fund referred to in Article 54 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 6189, Jan. 21, 2000; Act No. 7275, Dec. 31, 2004; Act No. 8852, Feb. 29, 2008; Act No. 10948, Jul. 25, 2011>
CHAPTER Ⅵ INDICATION, ETC. OF GINSENG VARIETIES
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 Article 21 Deleted.<by Act No. 5664, Jan. 21, 1999>   print
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 Article 22 (Indication of Korea Ginseng, etc.)   print
The person who desires to make a marking on ginseng varieties, their containers, packings, etc. using "Korea Ginseng", "Korea Raw Ginseng", "Korea Red Ginseng", "Korea Taegeuk Ginseng", or "Korea White Ginseng", etc. or other terms including "Korea", shall make a registration of geographical indication under the Agricultural Products Quality Control Act.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
CHAPTER Ⅶ Deleted.
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 Article 23 Deleted.<by Act No. 6189, Jan. 21, 2000>   print
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 Article 24 Deleted.<by Act No. 6189, Jan. 21, 2000>   print
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 Article 25 Deleted.<by Act No. 6189, Jan. 21, 2000>   print
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 Article 26 Deleted.<by Act No. 6189, Jan. 21, 2000>   print
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 Article 27 Deleted.<by Act No. 6189, Jan. 21, 2000>   print
CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS
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 Article 27-2 (Hearing)   print
The head of a Si/Gun or the head of the national agricultural products inspection agency shall, in cases where a manufacturer of ginseng varieties or the self-inspection enterprise falls under any of the following subparagraphs, hold a hearing:
1. Closure of business under Article 16;
2. Cancellation of designation as the self-inspection enterprise under Article 17-3 (1).
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 28 (Delegation of Authority)   print
Under the conditions as prescribed by Presidential Decree, the Minister for Food, Agriculture, Forestry and Fisheries may delegate part of his/her authority as prescribed by this Act to the head of an agency under his/her jurisdiction, the Administrator of the Rural Development Administration, the Minister of Korea Forest Service, the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor, the Governor of a Special Self-Governing Province, the head of a Si/Gun, or the head of an autonomous Gu.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 29 (Investigation, etc.)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries, the head of Si/Gun, or the head of the national agricultural product inspection agency may have public officials under his/her jurisdiction investigate or inspect the facilities, account books, documents and other things in question, or collect sample materials necessary for inspections against producers' organizations, ginseng manufacturers, collectors, exporters, importers, distributors, or the persons who obtained the confirmation certificate of quality, etc. if it is deemed necessary for the enforcement of this Act, such as securing the safety of ginseng varieties, protection of consumers or such.
(2) The public official who conducts the investigation, inspection, or collection under paragraph (1), shall carry an identification verifying his/her authority and show it to the person concerned.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
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 Article 30 Deleted.<by Act No. 6380, Jan. 26, 2001>   print
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 Article 30-2 (Legal Fiction as Public Official in Applying Penal Provisions)   print
Officers and employees of the Cooperative engaging in the confirmation duties of root year under Article 9 and those of a ginseng varieties inspection agency and a ginseng seeds and seedlings inspection agency engaging in inspection duties under Article 17 (1) and (6) shall be regarded as public officials in applying Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
CHAPTER Ⅸ PENAL PROVISIONS
law view
 Article 31 (Penal Provisions)   print
(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment of not more than three years or by a fine not exceeding 30 million won:
1. Any person who manufactures sells by marking root year falsely in violation of Article 15 (1);
2. Any person who sells red, Taegeuk or white ginseng, or other ginseng by removing or modifying root year markings, or stores or displays such ginseng for the purpose of selling in violation of Article 19 (1);
3. Any person who sells or exports the products which have yet to undergo the inspection or failed to pass the inspection, or keeps or displays them for the purpose of sale or export in violation of Article 19 (2);
4. Any person who unpacks a package of goods inspected which a self-inspection certificate or an inspection stamp is affixed or printed on, keeps or displays them for the purpose of sale, or changes the contents or packing unit thereof in violation of Article 19 (4).
(2) Any person who falls under any of the following subparagraphs shall be punished by imprisonment of not more than one year or a fine not exceeding 10 million won:
1. Any person who manufactures and sells red, Taegeuk or white ginseng, or other ginseng of no less than five-year old root, without reporting as provided for in Article 12 (1);
2. Any person who manufactures red, Taegeuk or white ginseng, or other ginseng in violation of manufacturing standards as provided for in Article 15 (2);
3. Any person who refuses, obstructs or evades, without any justifiable reason, the confirmation of manufacture conducted by relevant employees provided for in Article 15 (3);
4. Any person who violates the order given under Article 17-4 (2), or rejects, impedes or dodges any seizure;
5. Any person who violates the order given under Article 19 (3), or rejects, impedes or dodges any seizure.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
law view
 Article 32 (Joint Penal Provisions)   print
In case where the representative of a corporation, an agent, servant or any other employee of a corporation or an individual, commits an act of violation as prescribed in Article 31 with respect to the business works of the said corporation or individual, not only the offender himself/herself shall be punished, but also the said corporation or individual shall be subject to the fine as prescribed in the relevant provisions: Provided, That the same shall not apply in cases where the corporation or the individual has not neglected to pay careful attention to the relevant business and supervise the relevant business in order to prevent the violation.
[This Article Wholly Amended by Act No. 10123, Mar. 17, 2010]
law view
 Article 33 (Fines for Negligence)   print
(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:
1. Any person who has used residual agricultural chemicals or chemical fertilizers in contravention of Article 8 (3):
2. Any person who has manufactured and sold Taegeuk or white ginseng, or other ginseng of no more than four-year old root without making report pursuant to Article 12 (1);
3. Any manufacturer of ginseng varieties who has failed to make the report on alteration of important matters, discontinuance or resumption of his/her business operation in contravention of Article 12 (3);
4. Any person who has manufactured and sold red, Taegeuk or white ginseng, or other ginseng without making a report under Article 14 (2) as one who succeeded the position of manufacturer of ginseng varieties;
5. Any ginseng varieties inspection agency or self-inspection enterprise which has not kept a record of inspection under Article 17 (2);
6. Any person who has sold red, Taegeuk or white ginseng, or other ginseng without attaching or printing self-inspection completion certificate in contravention of Article 17 (4);
7. Any person who has failed to submit self-inspection result, etc. in contravention of Article 17 (5);
8. Any person who has failed to make a report of change under Article 17-2 (3);
9. The self-inspection enterprise which has had an inspector who did not receive education inspect in violation of Article 17-5 (1);
10. Any person who has refused, without any justifiable reason, the investigation, etc. pursuant to Article 29 (1).
(2) The fine for negligence under paragraph (1) of this Article shall be imposed and collected by the Minister for Food, Agriculture, Forestry and Fisheries, the head of the national agricultural product inspection agency, or the head of Si/Gun, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10948, Jul. 25, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1996.
Article 2 (Repeal of Another Act)
The Ginseng Business Act shall hereby be repealed.
Article 3 (Transitional Measures concerning Fund)
The Ginseng Promotion Fund having been established pursuant to the previous provisions concerned at the time this Act enters into force, shall be considered as the Ginseng Industry Promotion Fund established under this Act.
Article 4 (Transitional Measures concerning Designation of Cultivation)
(1) With respect to the red-ginseng cultivation field having been designated by the Korea Tobacco and Ginseng Corporation pursuant to the previous Ginseng Business Act at the time this Act enters into force, the cultivation of red ginseng on the said field shall be considered as having been contracted between the Korea Tobacco and Ginseng Corporation and the producers' organization concerned; and the red ginseng cultivated on the said field shall be purchased by the president of the Korea Tobacco and Ginseng Corporation.
(2) With respect to the white-ginseng field or the ginseng sapling field under cultivation after the cultivation having been designated by the Korea Tobacco and Ginseng Corporation pursuant to the previous Ginseng Business Act at the time this Act enters into force, the cultivation of the said field shall be considered as having been designated or reported under this Act.
Article 5 (Transitional Measures concerning Inspection, etc.)
The inspection or other dispositions having been made or taken pursuant to the previous Ginseng Business Act at the time this Act enters into force, shall be considered as the inspection or other dispositions made or taken under the relevant provisions of this Act.
Article 6 (Transitional Measures concerning Manufacture, Processing, Quality Control, etc. of Red-Ginseng Products)
Matters concerning the permission on the manufacture and processing the application of standards and dimensions, and concerning the quality control, of the red ginseng products as prescribed in the previous Ginseng Business Act, shall be governed by the Food Sanitation Act.
Article 7 (Transitional Measures concerning Penal Provisions)
The application of penal provisions to the activities having been committed before this Act enters into force, shall be governed by the previous Ginseng Business Act.
Article 8 Omitted.
Article 9 (Relations with Other Acts and Subordinate Statutes)
In case where other Acts and subordinate statutes have quoted provisions of the previous Ginseng Business Act at the time this Act enters into force, and where there are, in this Act, provisions corresponding to the quoted ones, this Act or the relevant provisions of this Act shall be considered as having been quoted in lieu of the actually quoted ones.
ADDENDA<Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force, within 30 days from the date of its promulgation, on the date Presidential Decree on the Organization of the Ministry of Maritime Affairs and Fisheries and of the National Marine Police Agency as prescribed by the amended provisions of Article 41 enters into force.
[Enforced on the date of its promulgation pursuant to Presidential Decree No. 15135, dated Aug. 8, 1996]
Articles 2 through 4 Omitted.
ADDENDA<Act No. 5453, Dec. 13. 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Act No. 5664, Jan. 21, 1999>
(1) (Enforcement Date) This Act shall enter into force on July 1, 1999.
(2) (Transitional Measures concerning Report of Manufacturing Business)
Any person who made the registration or report of ginseng manufacturing business under the previous provision of Article 12 at the time of enforcement of this Act shall be regarded as having reported the ginseng manufacturing business in accordance with the amended provision of Article 12.
(3) (Transitional Measures concerning Designation of Self-inspection Enterprise) Any person who was notified after having been decided as self inspection enterprise in accordance with the previous provision of Article 17 (5) at the time of enforcement of this Act shall be regarded as having been designated as self-inspection enterprise in accordance with the
amended provision of Article 17 (2).
(4) (Transitional Measures concerning Penal Provisions) Application of penal provisions to any activities having been committed prior to the enforcement of this Act shall be governed by the previous provisions.
(5) Omitted.
ADDENDA<Act No. 5667, Jan. 21, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 6189, Jan. 21, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on June 1, 2000.
Article 2 (Transitional Measures concerning Termination of Ginseng Industry Promotion Fund)
(1) The Agricultural and Fishery Product Price Stabilization Fund referred to in Article 54 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products shall succeed to all rights and duties and properties belonging to the Ginseng Industry Promotion Fund established under the Ginseng Industry Act at the time of the entry into force of this Act.
(2) Loan succeeded to the Agricultural and Fishery Product Price Stabilization Fund from the Ginseng Industry Promotion Fund under paragraph (1), shall be deemed to be the loan furnished to the former with such an interest rate and loan period as prescribed by Article 60 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products under Article 57 (3) of the same Act.
(3) Projects conducted according to the 2000 year plan for the Ginseng Industry Promotion Fund as referred to in the previous provisions of Article 25 (2) before the entry into force of this Act, may be financed by the Agricultural and Fishery Product Price Stabilization Fund until December 31, 2000, notwithstanding the provisions of Article 57 (1) of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products.
Article 3 Omitted.
Article 4 (Relations with Other Acts according to Termination of Fund)
Where other Acts quote the previous Ginseng Industry Promotion Fund at the time of the entry into force of this Act, the Agricultural and Fishery Product Price Stabilization Fund referred to in Article 54 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products shall be deemed to be quoted, instead.
ADDENDA<Act No. 6380, Jan. 26, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Article 2 (Transitional Measures concerning Ginseng Manufacturer)
The ginseng manufacturer under the previous provisions at the time of enforcement of this Act shall be regarded as the manufacturer of ginseng varieties under the amendments to Article 12.
Article 3 (Transitional Measures concerning Geographical Markings)
The person who is using geographical markings by making their registrations under the previous provisions of Article 22 at the time of enforcement of this Act, shall be considered to have made a registration of geographical markings under the Agricultural Product Quality Control Act not later than five years after the enforcement of this Act.
Article 4 (Transitional Measures concerning Title Changes of Agricultural Product Quality Control Act)
The Agricultural Product Quality Control Act referred to in Article 22, and Articles 3 and 6 of the Addenda at the time of enforcement of this Act, shall be regarded as the Agricultural and Marine Products Quality Control Act, respectively, until the preceding day of the enforcement date of Act No. 6399, the Fishery Products Quality Control Act.
Article 5 (Transitional Measures concerning Penal Provisions)
In applying the penal provisions against the acts committed prior to the enforcement of this Act, the previous provisions shall govern.
Article 6 Omitted.
ADDENDA<Act No. 6399, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2001.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 6998, Dec. 11, 2003>
(1) (Enforcement Date) This Act shall enter into force on July 1, 2004.
(2) (Transitional Measures concerning Fine for Negligence) The application of the fine for negligence to any act performed prior to the enforcement of this Act shall be governed by the previous provisons.
ADDENDA<Act No. 7275, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 8505, Jul. 13, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures for Self-Inspection Enterprise) Any person who has been designated as the self-inspection enterprise pursuant to the previous provisions at the time when this Act enters into force shall be deemed to have been designated as the self-inspection enterprise pursuant to this Act: Provided, That it shall be designated as the self-inspection enterprise again pursuant to the amended provisions of Article 17-2 within three years after this Act enters into force.
(3) (Transitional Measures concerning Closure of Business) The previous provisions shall apply to orders for closure of business or such against acts done before this Act enters into force.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 9664, May 8, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 9759, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 10123, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10948, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 12 (3), (7) through (9) and 33 (1) 3 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Fines for Negligence)
The amended provisions of Article 33 (1) 3 shall also apply to the violations which have been committed before this Act enters into force: Provided, That it shall not affect the validity of the disposition of imposition of fine for negligence which has been already made before this Act enters into force.