Article 54(Penalty Provisions) #
(1) A person who discloses or provides the information and materials that he or she obtained in the course of virus-free certification without a written consent of the applicant in violation of Article 36-5 (8) 1 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 Dec. 27, 2022>
(2) The following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Dec. 27, 2022>
1. A person who sells, supplies, exports, or imports seeds of a variety other than protected varieties under the Act on the Protection of New Varieties of Plants by making fraudulent use of the variety denomination registered pursuant to Article 16 (2) or reported pursuant to Article 38 (3);
2. A person who sells, supplies, exports, or imports seeds by making use of a name other than their unique variety denomination or a variety denomination which has not been registered or reported, in violation of Article 16 (2) or 38 (3);
3. A person who conducts seed business without filing for registration thereof, in violation of Article 37 (1);
4. A person who produces or imports and sells seeds without filing a report thereon, or who files a false report, in violation of Article 38 (1);
5. A person who files a report under Article 38 (1) by using a name other than the unique variety denomination, in violation of Article 38 (3).
(3) The following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Dec. 27, 2016; Dec. 27, 2022>
1. Deleted; <Dec. 27, 2022>
2. A person who conducts business of a seed manager without filing for registration under Article 27 (2);
3. A seed manager who issues a false certificate under Article 32;
4. A person who sells or supplies seeds without obtaining certification, in violation of Article 36 (1);
4-2. A person who fails to comply with an order under Article 36-4 (1);
4-3. A person who conducts the business affairs of virus-free certification without obtaining designation as a virus-free certifying institution or renewing such designation under Article 36-5 (1) or (4);
4-4. A person who conducts the business affairs of virus-free certification despite the revocation of designation or the suspension of business of the virus-free certifying institution under Article 36-6 (1);
4-5. A person who obtains or renews virus-free certification by fraud or other improper means, in violation of subparagraph 1 of Article 36-7;
4-6. A person who obtains or renews the designation of a virus-free certifying institution by fraud or other improper means, in violation of subparagraph 2 of Article 36-7;
4-7. A person who indicates virus-free certification or similar on the container or package of seeds not certified as virus-free, in violation of subparagraph 3 of Article 36-7;
4-8. A person who misrepresents the details of virus-free certification on the container or package of virus-free certified seeds, in violation of subparagraph 4 of Article 36-7;
4-9. A person who advertises seeds not certified as virus-free as if they have obtained virus-free certification or advertises to mislead consumers into believing that such seeds have obtained virus-free certification, in violation of subparagraph 5 of Article 36-7;
4-10. A person who misrepresents the details of virus-free certification in the advertisement on virus-free certified seeds, in violation of subparagraph 6 of Article 36-7;
5. A person who conducts the business of raising seedlings without filing for registration, in violation of Article 37-2 (1);
6. Deleted; <Dec. 27, 2022>
7. A person who continues to conduct seed business or the business of raising seedlings the registration of which has been revoked, or continues to conduct seed business or the business of raising seedlings without complying with an order to suspend business, in violation of Article 39 (1) or 39-2 (1);
8. A person who exports or imports seeds or distributes imported seeds, in violation of Article 40;
9. A person who imports seeds without undergoing importation adaptability testing, in violation of Article 41 (1);
9-2. A person who has undergone an examination under Article 42-2 by fraud or other improper means, in violation of subparagraph 1 of Article 42-3;
9-3. A person who has provided false advertising or exaggerated advertising with respect to the result of examination, in violation of subparagraph 2 of Article 42-3;
10. A person who produces or sells seeds or seedlings after the suspension of the production or sale has been ordered, in violation of Article 45 (2);
11. A person who refuses, interferes with or evades sampling, in violation of the latter part of Article 47 (4).