Kimchi Industry Promotion Act


Published: 2011-07-21

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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 increasing the income of farmers and fishermen and to developing national economy by strengthening the competitiveness of the kimchi industry, promoting the globalization of kimchi and increasing the added value of agriculture and fisheries by prescribing matters necessary for the promotion of the kimchi industry, such as quality improvement of the kimchi, inheritance and development of kimchi culture.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "kimchi" means food made of vegetables, such as Chinese cabbage, etc. as its main ingredients, which undergo the process of pickling with salt and mixed with seasoning, thereafter become a finished product without any further process, or after fermentation;
2. The term "main ingredients" means ingredients (where ingredients are of many kinds, referring to three or less ingredients in the order of ingredients high in percentage in the final product) possessing the characteristics of kimchi;
3. The term "kimchi ingredients" means ingredients used to make kimchi, such as nappa cabbage, radish, red pepper powder, garlic, ginger, scallion, salt, salted fish, etc.;
4. The term "kimchi industry" means an industry of making, processing, manufacturing, cooking, packing, keeping, transporting or selling kimchi, which is prescribed by Presidential Decree;
5. The term "kimchi businessman" means a person engaged in economic activities relating to the kimchi industry;
6. The term "farmers and fishermen" means farmers and fishermen prescribed in subparagraph 2 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
Unless prescribed otherwise by other Acts concerning the promotion of the kimchi industry, this Act shall apply to promotion of the kimchi industry.
CHAPTER Ⅱ LAYING FOUNDATION FOR PROMOTION OF KIMCHI INDUSTRY
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 Article 4 (Establishment of Master Plans)   print
(1) In order to promote the kimchi industry and to inherit and develop kimchi culture, the Minister for Food, Agriculture, Forestry and Fisheries shall establish and implement a master plan every five years to promote the kimchi industry (hereinafter referred to as "master plan").
(2) A master plan shall include the following matters:
1. Basic directions for promotion of the kimchi industry;
2. Matters concerning the development, dissemination, etc. of technologies relating to the kimchi industry;
3. Matters concerning standardization and improvement of the quality of kimchi;
4. Matters concerning the stable supply and demand of kimchi and kimchi ingredients;
5. Matters concerning fostering of specialized manpower relating to kimchi;
6. Matters concerning strengthening connections among the kimchi industry, agriculture and fisheries;
7. Matters concerning the acceleration of consumption of kimchi and support of distribution thereof;
8. Matters concerning the inheritance and development of kimchi culture;
9. Matters concerning publicity for the globalization of kimchi;
10. Other matters prescribed by Presidential Decree.
(3) Where the Minster for Food, Agriculture, Forestry and Fisheries intends to establish or modify a master plan, he/she shall consult in advance with the heads of relevant central administrative agencies: Provided, That in cases where insignificant matters prescribed by Presidential Decree are to be modified, he/she may omit such consultation.
(4) A master plan prescribed in paragraph (1) shall be finalized after deliberation by the Food Industry Promotion Deliberation Committee prescribed in Article 5 of the Food Industry Promotion Act. In such cases, the Minster for Food, Agriculture, Forestry and Fisheries shall notify the heads of relevant central administrative agencies of the finalized master plan.
(5) Where necessary for the establishment of a master plan, the Minster for Food, Agriculture, Forestry and Fisheries may request the heads of relevant central administrative agencies to submit data. In such cases, the heads of relevant central administrative agencies shall submit data except in extenuating circumstances.
(6) The Minster for Food, Agriculture, Forestry and Fisheries shall, establish and implement an implementation plan every year in accordance with a master plan.
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 Article 5 (Prior Deliberation)   print
The Minster for Food, Agriculture, Forestry and Fisheries shall submit the following matters to deliberate on in advance by the Food Industry Promotion Deliberation Committee prescribed in Article 5 of the Food Industry Promotion Act:
1. Matters concerning the establishment of the master plan;
2. Matters concerning the selection of representative products of kimchi;
3. Matters concerning the quality authentication of kimchi;
4. Other matters requested by the Minster for Food, Agriculture, Forestry and Fisheries in relation to promotion of the kimchi industry.
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 Article 6 (Support for Management Improvement)   print
(1) The Minster for Food, Agriculture, Forestry and Fisheries may promote a policy to support the management improvement for kimchi businessmen, such as the procurement of kimchi ingredients, improvement of facilities, market development, giving expert consultation, etc.
(2) Matters necessary for kimchi businessmen eligible for support, details of support, etc. prescribed in paragraph (1) shall be prescribed by Presidential Decree.
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 Article 7 (Strengthening Connections with Farmers and Fishermen)   print
(1) The Minster for Food, Agriculture, Forestry and Fisheries may establish and promote a supply and demand plan for the stable supply of agricultural and marine products to be used as kimchi ingredients and the acceleration of consumption thereof.
(2) Where a producers organization under Article 3 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry (hereinafter referred to as "producers organization") and an organization established as prescribed in Article 18 or a kimchi businessmen promote a project to strengthen connections with agriculture and fisheries, such as joint purchase, contract farming, etc. for the stable procurement of kimchi ingredients, the Minster for Food, Agriculture, Forestry and Fisheries may provide necessary support.
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 Article 8 (Research and Development of Production Technology, etc.)   print
(1) The Minster for Food, Agriculture, Forestry and Fisheries may request research and development concerning the quality improvement, packing, preservation and production technology of kimchi, production machinery, etc. (hereinafter referred to as "production technology, etc.") to specialized research institutes, etc., and promote measures necessary to accelerate industrialization of production technology, etc.
(2) The Minster for Food, Agriculture, Forestry and Fisheries may reimburse expenses to persons who conduct the research and development of production technology, etc. and to persons who intend to commercialize the production technology, etc. that have been researched and developed.
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 Article 9 (Statistical Surveys)   print
(1) For the efficient establishment of a policy necessary for the promotion of the kimchi industry and for the smooth balance of supply and demand of kimchi ingredients, the Minster for Food, Agriculture, Forestry and Fisheries may conduct a statistical survey. In such cases, relevant provisions of the Statistics Act shall apply mutatis mutandis to the preparation of statistics.
(2) When deemed necessary for conducting a statistical survey, the Minster for Food, Agriculture, Forestry and Fisheries may request the heads of relevant central administrative agencies, heads of local governments, heads of public agencies, enterprisers in the relevant industry or head of organization established as prescribed in Article 18 to provide necessary data and information.
(3) The heads of central administrative agencies, etc. who have been requested to provide data and information pursuant to paragraph (2) shall provide data and information except in extenuating circumstances.
(4) Matters necessary for conducting a statistical survey, etc. prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
CHAPTER Ⅲ ACCELERATION OF REVITALIZATION OF KIMCHI INDUSTRY
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 Article 10 (Promotion of Research and Development Projects, etc.)   print
The Minster for Food, Agriculture, Forestry and Fisheries may promote measures for promotion of the kimchi industry, such as research and development projects for the development of species of farm products for kimchi ingredients, for the quality improvement of kimchi, etc., revival of traditional kimchi, implementation of education and training to farmers and fishermen producing kimchi ingredients, expert consultation on management, etc.
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 Article 11 (Education and Training)   print
(1) In order to promote the kimchi industry and to inherit and develop kimchi culture, the State and local governments may directly provide education and training to spread and hand down production technology, etc. to consumers or persons engaged in the relevant field or by entrusting such duties to institutions or organizations.
(2) The Minster for Food, Agriculture, Forestry and Fisheries may designate an institution or organization having facilities, manpower, etc. appropriate for education and training prescribed in paragraph (1) as an education and training institution.
(3) When the Minster for Food, Agriculture, Forestry and Fisheries provides education and training prescribed in paragraph (1) by entrusting such duties to education and training institutions, he/she may provides necessary support within budgetary limits as prescribed by Presidential Decree.
(4) Matters necessary for the designation, operation, etc. of education and training institutions prescribed in paragraph (1) shall be prescribed by Presidential Decree.
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 Article 12 (Fostering of Specialized Manpower)   print
(1) The Minster for Food, Agriculture, Forestry and Fisheries may foster specialized manpower necessary to spread production technology, etc. for the revitalization of the kimchi industry and for the spread of food culture harmonious with kimchi.
(2) In order to foster specialized manpower prescribed in paragraph (1), the Minster for Food, Agriculture, Forestry and Fisheries may designate and manage an institution or organization having appropriate facilities and manpower, such as university, research institution, etc. as a specialized manpower fostering institution.
(3) The Minster for Food, Agriculture, Forestry and Fisheries may provide support necessary for fostering specialized manpower to the specialized manpower fostering institutions designated as prescribed in paragraph (2) within budgetary limits, as prescribed by Presidential Decree.
(4) Matters necessary for the standards for and method of designation, etc. of specialized manpower fostering institutions prescribed in paragraph (2) shall be prescribed by Presidential Decree.
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 Article 13 (World Institute of Kimchi)   print
(1) The State shall establish the World Institute of Kimchi (hereinafter referred to as the "Kimchi Institute") as prescribed by the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions in order to uplift the status of Korea as the originating country of Kimchi, to research and exhibit kimchi and to allow people to experience kimchi-making, etc.
(2) The State and local governments may provide expenses necessary for the efficient operation and management of the Kimchi Institute within budgetary limits.
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 Article 14 (Support for Kimchi Distribution Centers, etc.)   print
The State and local governments may provide necessary support to a person who establishes and operates a kimchi distribution center or kimchi store in order to promote packing, shipment of standard products, publicity and sale, etc. of kimchi within budgetary limits, as prescribed by Presidential Decree.
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 Article 15 (Hosting Fairs)   print
(1) In order to improve the quality of kimchi and to promote the competitiveness thereof and to select and foster representative products, the State and local governments, the Minster for Food, Agriculture, Forestry and Fisheries may host a kimchi fair.
(2) Matters necessary for hosting, operating, etc. a fair prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
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 Article 16 (Revival, Inheritance and Development of Traditional Kimchi)   print
(1) In order to revive, inherit and develop traditional kimchi, the State and local governments may provide necessary support to individuals or organizations who revive or inherit the production technology of traditional kimchi within budgetary limits, as prescribed by Presidential Decree.
(2) The Minster for Food, Agriculture, Forestry and Fisheries shall promote the standardization of traditional kimchi in order to revive, inherit and develop traditional kimchi.
(3) Article 20 of the Food Industry Promotion Act shall apply mutatis mutandis to the basis of standardization of traditional kimchi prescribed in paragraph (2), method of indication, etc.
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 Article 17 (Promotion of Globalization, etc.)   print
(1) In order to foster the kimchi industry, to raise the export competitiveness of kimchi and to revitalize entry into overseas markets by kimchi, the State and local governments may provide necessary support to individuals or organizations who publicize the representative products of kimchi selected under Article 15 or open up overseas markets.
(2) The Minster for Food, Agriculture, Forestry and Fisheries shall promote the international standardization of kimchi to improve the quality of kimchi and to promote international trade.
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 Article 18 (Establishment of Trade Organization)   print
(1) For the development of the kimchi industry, kimchi businessmen may establish a trade organization after obtaining authorization from the Minster for Food, Agriculture, Forestry and Fisheries.
(2) A trade organization prescribed in paragraph (1) (hereinafter referred to as "trade organization") shall be a juristic person, and matters necessary for the articles of incorporation, guidance, supervision and support shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(3) A trade organization may conduct the following projects:
1. Projects for the inheritance and development of kimchi culture, such as the spread, etc. of food culture harmonious with kimchi;
2. Projects for the quality improvement of kimchi;
3. Projects of examination and research concerning the direction of development of the kimchi industry;
4. Projects to raise competitiveness of the kimchi industry and to increase the mutual interests of members;
5. Projects to strengthen connections among the kimchi industry, agriculture and fisheries;
6. Other projects prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, which are recognized as necessary for the promotion and development of the kimchi industry.
(4) Provisions concerning incorporated association among the Civil Act shall apply mutatis mutandis to a trade organization, other than those prescribed by this Act.
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 Article 19 (Support for Accumulation of Self-Help Fund for Kimchi)   print
(1) Where a trade organization creates and operates a self-help fund to expand market for kimchi, to adjust the demand and supply and to stabilize price, the Minster for Food, Agriculture, Forestry and Fisheries may provide subsidies from the agricultural product price stabilization fund prescribed in Article 54 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products.
(2) Matters necessary for methods of creating a self-help fund prescribed in paragraph (1), standards for subsidizing and other necessary matters shall be prescribed by Presidential Decree.
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 Article 20 (Inheritance, Development, etc. of Kimchi Culture)   print
(1) The State and local governments shall endeavor to inherit and develop kimchi culture.
(2) The State and local governments may provide necessary support to organizations performing activities for the inheritance and development of kimchi culture as prescribed in paragraph (1) within budgetary limits.
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 Article 21 (Quality Authentication)   print
In order to improve the quality, and to encourage the production, of kimchi and to protect consumers, the Minster for Food, Agriculture, Forestry and Fisheries may authenticate the quality of kimchi as prescribed in Article 22 of the Food Industry Promotion Act.
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 Article 22 (Improving Quality of Kimchi)   print
(1) The Minster for Food, Agriculture, Forestry and Fisheries may take the following measures to improve the quality of kimchi and to protect of consumers:
1. Development of policies and technologies necessary to promote the production of excellent kimchi;
2. Research and examination of production process, etc. appropriate to improve export competitiveness of kimchi and for the standards of countries to which kimchi is exported;
3. Other matters necessary for methods of quality management of kimchi.
(2) In order to efficiently promote the projects prescribed in the subparagraphs of paragraph (1), the State may provide necessary support within budgetary limits.
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 Article 23 (Preferential Purchase of Kimchi Granted Quality Authentication)   print
When the State, local governments or public institutions pursuant to Article 4 of the Act on the Management of Public Institutions intend to purchase kimchi, they may preferentially purchase kimchi, the quality of which is authenticated under Article 21.
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 Article 24 (Certification of Use of Excellent Kimchi Ingredients)   print
(1) In order to expand the stable supply of high-quality kimchi, the Minster for Food, Agriculture, Forestry and Fisheries may promote measures to accelerate the use of the following kimchi ingredients: <Amended by Act No. 10885, Jul. 21, 2011>
1. Agricultural products with Good Agricultural Practices Certification prescribed in Article 6 of the Agricultural and Marine Products Quality Control Act;
2. Certified agricultural products described under Article 14 (3) of the Agricultural and Marine Products Quality Control Act;
3. Certified environment-friendly fishery products described under Article 21 (2) of the Agricultural and Marine Products Quality Control Act;
4. Goods with geographical markings registered under Article 32 of the Agricultural and Marine Products Quality Control Act;
5. Products certified as environment-friendly agricultural products described under Article 17 of the Environment-Friendly Agriculture Fosterage Act;
6. Other products certified in accordance with the national certification system prescribed by Presidential Decree.
(2) Products to be accorded measures for the acceleration of use of excellent kimchi ingredients described under paragraph (1) and standards therefor, procedures, methods and other necessary matters shall be prescribed by Presidential Decree.
(3) The State may reimburse all or part of expenses to be used for measures for the acceleration of use of excellent kimchi ingredients prescribed in paragraph (1) within budgetary limits.
CHAPTER Ⅳ SUPPLEMENTARY PROVISIONS
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 Article 25 (Tax Reduction or Exemption)   print
Where deemed necessary for the efficient promotion of measures concerning the development of the kimchi industry pursuant to this Act, the State and local governments may allow tax reduction or exemption as prescribed by the Restriction of Special Taxation Act and the Restriction of Special Local Taxation Act.
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 Article 26 (Submission of Data)   print
The Minster for Food, Agriculture, Forestry and Fisheries may request kimchi businessmen to submit data necessary for financial support pursuant to this Act.
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 Article 27 (Commissioning and Entrusting Authority)   print
(1) The Minster for Food, Agriculture, Forestry and Fisheries may commission part of the authority bestowed under this Act to the Administrator of the Rural Development Administration, heads of affiliated institutions, Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors and the Governor of Special Self-Governing Province, as prescribed by Presidential Decree.
(2) The Minster for Food, Agriculture, Forestry and Fisheries may entrust some of the authority bestowed under this Act to the Korea Food Research Institute pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions, the Korea Agro-Fisheries and Food Trade Corporation pursuant to the Korea Agro-Fisheries Trade Corporation Act, other public institutions, producers organization, and juristic persons or organizations conducting kimchi business.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 10885, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 20 Omitted.