Vitalization Of Food Contributions Act


Published: 2011-04-28

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 Article 1 (Purpose)   print
The purpose of this Act is to encourage food donations and contribute to the promotion of social welfare and the spread of a community culture by providing donated food to those who are in needy circumstances.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "food" means food pursuant to subparagraph 1 of Article 2 of the Food Sanitation Act;
2. The term "donated food" means food provided for the purpose of supporting those who are in needy circumstances;
3. The term "user" means a person who uses donated food;
4. The term "provider" means a person who directly or indirectly provides users with donated food;
5. The term "business operator" means a person prescribed by Presidential Decree, as one who continuously runs a donated food provision business pursuant to Article 4 among the providers.
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 Article 3 (Reporting)   print
(1) A business operator may report to the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) who has jurisdiction over the seat of his/her place of business.
(2) Notwithstanding paragraph (1), a business operator prescribed by Presidential Decree in consideration of the size and scope of business shall report to the head of a Si/Gun/Gu who has jurisdiction over the seat of his/her place of business.
(3) When a business operator who has reported pursuant to paragraph (1) or (2) intends to withdraw a report or close his/her business, he/she shall report withdrawal or the closure of his/her business to the head of a Si/Gun/Gu to whom he/she has reported.
(4) Matters concerning the standards and procedure for reporting pursuant to paragraphs (1) through (3) shall be prescribed by Presidential Decree.
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 Article 4 (Donated Food Provision Business)   print
The scope of donated food provision business shall be as the following subparagraphs:
1. Collection, management and provision of donated food;
2. Public relations to encourage food donations;
3. Other subsidiary businesses related to the provision of donated food.
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 Article 5 (Collection and Provision of Donated Food)   print
(1) A provider or a business operator shall conduct a transparent process for the collection and provision of donated food.
(2) When collecting and providing donated food, a provider or a business operator shall handle donated food safely by performing his/her duty of attention as a good manager.
(3) Matters necessary for the collection and provision of donated food pursuant to paragraph (1) shall be prescribed by Presidential Decree.
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 Article 6 (Gratuitous Provision of Donated Food)   print
(1) A provider or a business operator shall make it a principle to provide users with donated food gratuitously: Provided, That where he/she receives the price from any user, it shall not exceed direct expenses incurred in the collection process.
(2) Detailed matters concerning the extent of direct expenses referred to in the proviso to paragraph (1) shall be prescribed by Presidential Decree.
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 Article 7 (Support by the State, etc.)   print
(1) The State and local governments shall formulate policies necessary for supporting and encouraging food donations and donated food provision businesses.
(2) The State and local governments may subsidize part of expenses incurred in a donated food provision business to providers or business operators.
(3) The State, local governments and public agencies may, if necessary, provide providers and business operators with some of food in their possession.
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 Article 8 (Reduction or Exemption of Civil Liability or Penal Responsibility)   print
(1) When a user is harmed by eating donated food, except cases falling under any of the following subparagraphs, any provider (excluding any business operator who has reported pursuant Article 3) and any person who participates in the activity of providing donated food shall not face any civil liability:
1. Where a user is harmed intentionally or through gross negligence;
2. Where any provider or any person who participates in the activity of providing donated food violates the sanitary handling standard referred to in Article 3 of the Food Sanitation Act;
3. Where donated food is harmful food or such, pursuant to Article 4 of the Food Sanitation Act.
(2) When a user suffers death or injury by eating donated food in cases where there is no gross negligence on the part of any provider, business operator or person who participates in the activity of providing donated food, a punishment under Articles 266 through 268 of the Criminal Act may be reduced or exempted in consideration of such mitigating circumstances.
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 Article 9 (Protection of Users)   print
(1) The State and local governments shall formulate policies necessary for the protection of users.
(2) Any business operator who has reported pursuant to Article 3 (1) or (2) shall take out accident insurance to compensate for injury to life or body of any user caused by eating donated food.
(3) The State and local governments may subsidize all or some of the premiums pursuant to paragraph (2).
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 Article 10 (Guidance and Supervision, etc.)   print
(1) When a provider or a business operator violates Article 5 (2) or when a serious sanitary harm caused by food, such as a food accident, is likely to occur, the Minister of Health and Welfare, the relevant Special Metropolitan City Mayor/Metropolitan City Mayor/Do Governor (hereinafter referred to as "Mayor/Do Governor") or the head of the relevant Si/Gun/Gu may guide or supervise, by demanding a report on such business or a submission of relevant documents or by ordering a public official under his/her control to enter offices or facilities of the provider and the business operator to make an inspection or inquiry. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) When a relevant public official enters offices or facilities to make an inspection or inquiry pursuant to paragraph (1), he/she shall produce an identification indicating his/her authority to the persons concerned.
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 Article 11 (Corrective Orders, etc.)   print
(1) When a provider or a business operator falls under any of the following subparagraphs, the Minister of Health and Welfare, Mayor/Do Governor or the head of a Si/Gun/Gu may order him/her to make corrections within a fixed period, as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
1. When a business operator who has reported pursuant to Article 3 (1) or (2) fails to meet the standards for reporting pursuant to Article 3 (4);
2. When he/she violates Article 5 (1) or (2).
(2) When a business operator falls under any of the following subparagraphs, the head of a Si/Gun/Gu may order him/her to suspend his/her business or close down his/her place of business, as prescribed by Presidential Decree:
1. When he/she fails to execute any corrective order within the period pursuant to paragraph (1);
2. When he/she violates Article 6 (1).
(3) When the head of a Si/Gun/Gu intends to close down a place of business pursuant to paragraph (2), he/she shall hold a hearing in advance.
(4) When a business operator continues to run a business even after he/she has been ordered to close down his/her place of business pursuant to paragraph (2), the head of a Si/Gun/Gu may have a relevant public official take measures referred to in the following subparagraphs to close down his/her place of business:
1. Removal or elimination of a signboard of a place of business or other indications of a place of business;
2. Attachment of a notice informing that a place of business is not a legal place of business;
3. Seal which prohibits the use of facilities in a place of business or other implementations used for business.
(5) After the head of a Si/Gun/Gu has sealed pursuant to Article 4 (3), he/she may detach the seal when it is deemed unnecessary to continue to seal, or the relevant business operator or his/her agent promises to close down the relevant place of business or requests him/her to detach the seal with justifiable grounds. The same shall also apply to cases of a notice or such, pursuant to paragraph (4) 2.
(6) Where the head of a Si/Gun/Gu intends to take measures pursuant to paragraph (4), he/she shall advise in advance the relevant business operator or his/her agent in writing: Provided, That this shall not apply when any urgency arises.
(7) Measures pursuant to paragraph (4) shall be limited to the minimum extent necessary for stopping a business operator from conducting such business.
(8) In cases referred to in paragraph (4), the relevant public official shall carry an identification indicating his/her authority and produce it to the persons concerned.
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 Article 12 (Penal Provisions)   print
Any person who provides donated food, in violation of Article 6 (1), shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.
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 Article 13 (Joint Penal Provisions)   print
When the representative of a corporation or the agent, employee or other servant of a corporation or individual has committed an offense referred to in Article 12 with regard to the affairs of such corporation or individual, not only shall such actor be punished accordingly, but also such corporation or individual shall be punished bya fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where such corporation or individual had not been negligent in giving due care and supervision in connection with the relevant affairs in order to prevent such offense.
[This Article Wholly Amended by Act No. 10606, Apr. 28, 2011]
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 Article 14 (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 three million won:
1. A person who violates the provision of Article 3 (2);
2. A person who violates the provision of Article 5 (1) or (2);
3. A person who fails to report or makes a false report, a person who fails to submit materials or submits false materials, or a person who refuses, evades or interferes with the inspection or inquiry, pursuant to Article 10 (1), without any justifiable grounds.
(2) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as the "imposing authority") shall impose and collect fines for negligence under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) A person who is dissatisfied with a fine for negligence under paragraph (2) may raise an objection with the imposing authority within 30 days after the person receives the notice of imposition.
(4) Where a person who has been punished by a fine for negligence under paragraph (2) raises an objection under paragraph (3), the imposing authority shall, without delay, notify the competent court which in turn shall proceed to a trial on the fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act.
(5) Where neither objection is raised nor a fine for negligence paid within the period under paragraph (3), the fine for negligence shall be collected in the same manner as delinquent national or local taxes are collected.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Report of Business Operator) Any business operator who falls under a standard prescribed by Presidential Decree enacted pursuant to Article 3 (2), as at the time this Act enters into force, shall report within one year after this Act enters into force.
(3) Omitted.
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. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 10606, Apr. 28, 2011>
This Act shall enter into force on the date of its promulgation.