Article 60(Penalty Provisions) #
(1) A person who releases or provides the information and materials that he or she obtained in the course of certification, testing, or public disclosure without a written consent of the applicant in violation of Article 27 (1) 1 and (2) 1, subparagraph 1 of Article 41-2, or subparagraph 1 of Article 45 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Newly Inserted on Aug. 27, 2019>
(2) Any of the following persons shall be sentenced to imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won: <Amended on Mar. 24, 2014; Dec. 2, 2016; Aug. 27, 2019>
1. A person who engages in the certification service without designation as a certification body pursuant to Article 26 (1) or 35 (1), or engages in the business of making public disclosure without designation as an institute for public disclosure pursuant to Article 44 (1);
2. A person who engages in the certification service even after the expiration of the designation as a certification body pursuant to Article 26 (3) (including cases where Article 26 (3) applies mutatis mutandis to Article 35 (2)), or engages in the business of making public disclosure even after the expiration of the designation as an institute for public disclosure pursuant to Article 44 (3);
3. A person who engages in the certification service despite revocation of its designation as a certification body pursuant to Article 29 (1) (including cases where Article 29 (1) applies mutatis mutandis to Article 35 (2)), or engages in the business of making public disclosure despite revocation of its designation as an institute for public disclosure pursuant to Article 47 (1);
4. A person who undergoes certification audit, re-audit, approval for the change of certification prescribed in Article 20, renewal, extension of the term of validity or re-audit of certification prescribed in Article 21, or designation of certification bodies and renewal of designation thereof prescribed in Article 26 (1) 3 by fraud or other improper means, in violation of Article 30 (1) 1 (including cases where Article 30 (1) 1 applies mutatis mutandis to Article 34 (5));
4-2. A person who undertakes or helps to undergo certification audit, re-audit, and approval for the change of certification prescribed in Article 20, and renewal, extension of the term of validity, and re-audit of certification prescribed in Article 21 by fraud or other improper means in violation of Article 30 (1) 1-2 (including cases where Article 30 (1) 1-2 applies mutatis mutandis to Article 34 (5));
4-3. A person who has obtained qualification as a certification auditor by fraud or other improper means in violation of Article 30 (1) 1-3 (including cases where Article 30 (1) 1-3 applies mutatis mutandis to Article 34 (5));
5. A person who affixes an organic label, pesticide-free label, label including the expression of environment-friendliness or other labels similar thereto (including labels concerned to mislead people to believe the relevant product as a certified product, and labels using a foreign language or loanword for the same effect) to non-certified products and shelves displaying products on sale, in violation of Article 30 (1) 2 (including cases where Article 34 (5) 2 applies mutatis mutandis to in Article 34 (5));
6. A person who makes indications inconsistently with those certified or publicly disclosed on a certified product or on a publicly disclosed organic agro-fishery material, in violation of Article 30 (1) 3 (including cases where Article 30 (1) 3 applies mutatis mutandis to Article 34 (5)) or subparagraph 3 of Article 48;
7. A person who issues documents necessary for application for certification, renewal of certification, public disclosure, or renewal of public disclosure by fraud, in violation of Article 30 (1) 4 (including cases where Article 30 (1) 4 applies mutatis mutandis to Article 34 (5)) or subparagraph 4 of Article 48;
8. A person who sells certified products and non-certified products, etc. together or stores, ships, or exhibits them together for sale, in violation of Article 30 (1) 5 (including cases where Article 30 (1) 5 applies mutatis mutandis to Article 34 (5);
9. A person who sells any product as a certified product with knowledge that an organic label or similar mark is affixed to the product although it has not been certified, or stores, ships, or exhibits such product for sale, in violation of Article 30 (1) 6 (including cases where Article 30 (1) 6 applies mutatis mutandis to Article 34 (5))
10. A person who sells any product as a certified product while knowing that its certification has been revoked or who sells any material as a publicly disclosed organic agro-fishery material while knowing that its public disclosure has been revoked, or who keeps, transports, or displays such material or organic agro-fishery material for the purpose of sale in violation of Article 30 (1) 7 (including cases where Article 30 (1) 7 applies mutatis mutandis to Article 34 (5)) or subparagraph 6 of Article 48;
11. A person who advertises any non-certified product as a certified product or who advertises (including advertisements using the expressions of organic, pesticide-free, environment-friendly or other expressions similar thereto) in a manner that would mislead people to believe a non-certified product as a certified product, or advertises certified products differently from the matters certified, in violation of Article 30 (1) 8 (including cases where Article 30 (1) 8 applies mutatis mutandis to Article 34 (5));
11-2. A person who undergoes public disclosure, re-audit, and approval for the change of public disclosure prescribed in Article 38, renewal of public disclosure prescribed in Article 39 (2), and designation and renewal of institutes for public disclosure prescribed in Article 44 (1) and (3) by fraud or other improper means, in violation of subparagraph 1 of Article 48;
12. Affixing any label or similar mark, or any mark likely to mislead people to believe the relevant material is a publicly disclosed organic agro-fishery material and any mark using a foreign language or loan words to the same effect to a material not publicly disclosed, in violation of subparagraph 2 of Article 48);
13. A person who sells any material as a publicly disclosed organic agro-fishery material with knowledge that a label of public disclosure or similar mark is affixed to the material not publicly disclosed or sells any publicly disclosed material with knowledge that indications are made inconsistently with those publicly disclosed, or stores, ships, or exhibits such material for sale, in violation of subparagraph 5 of Article 48;
14. A person who advertises any material not publicly disclosed as a publicly disclosed organic agro-fishery material or who advertises in a manner that would mislead people to believe such material is a publicly disclosed organic agro-fishery material, or who advertises publicly disclosed materials differently from the matters disclosed publicly, in violation of subparagraph 7 of Article 48;
15. A person who mixes or injects any non-permitted substance or substance not permitted under the standards for public disclosure referred to in Article 37 (4) to an organic agro-fishery material, in violation of subparagraph 8 of Article 48.
(3) Any of the following persons shall be sentenced to imprisonment with labor for not more than one year, or to a fine not exceeding 10 million won: <Amended on Mar. 23, 2013; Dec. 2, 2016; Aug. 27, 2019>
1. A person who sells, or uses, for business any imported products (referring to certified products on which the organic labels are placed pursuant to Article 23, or organic processed food that has obtained equivalency recognition pursuant to Article 25) without report, in violation of Article 23-2 (1);
2. A person who conducts certification audit business or public disclosure business during the period of suspension of certification audit business or public disclosure business under Article 29 (including cases where Article 29 applies mutatis mutandis to Article 35 (2)) or Article 47;
3. A person who fails to comply with an order prescribed in the subparagraphs of Article 31 (7) (including cases where Article 31 (7) applies mutatis mutandis to Article 34 (5)) or in the subparagraphs of Article 49 (7).