Article 82(Cancellation of Permission, etc.) #
(1) Where a person who sets up a local wholesale market (only applicable where a Si sets up the local wholesale market) or a privately-operated wholesale market falls under any of the following, the competent Mayor/Do Governor may cancel establishment permission of such market, close down the relevant facilities, or take other necessary measures: <Amended on Feb. 22, 2012>
1. Where a person sets up a local wholesale market or a privately-operated wholesale market or amends the business regulations without permission or approval granted under the proviso to Article 17 (1), Article 17 (5), or 47 (1) and (3);
2. Where a person who sets up a local wholesale market or a privately-operated wholesale market operates such market contrary to the business regulations and an operation and management plan submitted pursuant to Articles 17 (3) and 47 (2);
3. Where a person who sets up a local wholesale market or a privately-operated wholesale market violates an order issued under Article 40 (3) or 81 (1).
(2) Where a wholesale market corporation, etc. falls under any of the following, the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, a Mayor/Do Governor or a person who sets up a wholesale market may issue an order to suspend the relevant business for a fixed period not exceeding six months or cancel the designation or approval of such market: Provided, That where it falls under subparagraph 26, such designation or approval shall be canceled: <Amended on Mar. 23, 2013; Dec. 31, 2018; Nov. 30, 2021>
1. When it violates the conditions of designation or approval;
2. When it releases unrated livestock products to the market in violation of Article 35 (4) of the Livestock Industry Act;
2-2. When it violates Article 6 (1) of the Act on Origin Labeling of Agricultural and Fishery Products;
3. When it concurrently engages in wholesale business or intermediate wholesale business in violation of Article 23 (2);
4. When it ceases to meet any of the requirements for designation in violation of Article 23 (3) 5 or (4), or fails to dismiss the relevant executive officer in violation of paragraph (5) of the same Article;
5. When it fails to employ at least the specified number of certified auctioneers or requests a person who is not a certified auctioneer to conduct auction in violation of Article 27 (1);
6. When it fails to dismiss the relevant certified auctioneer in violation of Article 27 (3);
7. When it engages in business as a local distributor in violation of Article 29 (2);
8. When it sells agricultural or fishery products at wholesale it has purchased in violation of Article 31 (1);
9. Deleted; <Mar. 24, 2014>
10. When it conducts auction or bidding in violation of Article 33 (1);
11. When it sells agricultural or fishery products to a person other than a designated person in violation of Article 34;
12. When it sells agricultural or fishery products in a place other than wholesale markets or operates other business concurrently with agricultural or fishery product sales business in violation of Article 35;
13. When it fails to give public notice or publicly announces false information in violation of Article 35-2;
14. When it ceases to meet any of the requirements for designation in violation of Article 36 (2) 5, or fails to dismiss the relevant executive officer in violation of paragraph (3) of the same Article;
15. When it engages in any restricted or prohibited conduct in violation of the proviso to Article 37 (1);
16. When it sells agricultural or fishery products to a wholesale market corporation or an intermediary wholesaler of the relevant wholesale market in violation of Article 37 (2);
17. When it refuses or avoids consignment or sale, or accords unfavorable treatment to traders in violation of Article 38;
18. When it fails to pay standard loading and unloading charges prescribed in Article 40 (2);
19. When it fails to make all payments without delay in violation of Article 41 (1);
20. When it makes payment contrary to the method stipulated under Article 41 (2);
21. When it collects fees, etc. in violation of Article 42;
22. When it ceases to meet any of the standards for use of facilities or fails to comply with any measure taken by a person who sets up the wholesale market in violation of Article 74 (1);
23. When it fails to undergo an inspection conducted under Article 80 without any justifiable ground, or interferes with such inspections;
24. When it fails to comply with an order to take measures issued by a person who sets up the wholesale market prescribed in Article 81 (2);
25. Where it violates any order issued by the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or a person who sets up the wholesale market prescribed in paragraph (4);
26. Where it is issued with a disposition of business suspension as falling under any of subparagraphs 1 through 25 and conducts its business during the period of such business suspension.
(3) Where the shippers are not protected based on the result of an assessment under Article 77 showing that the performance of operation is below the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries, a person who sets up a wholesale market may revoke the designation of the wholesale market corporation or wholesaler at the market, and the competent Mayor/Do Governor may revoke approval of the joint wholesale market. <Amended on Mar. 23, 2013>
(4) Where a certified auctioneer falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or a person who sets up the wholesale market may have the wholesale market corporation or a person who sets up the joint wholesale market issue an order to suspend business for a period not exceeding six months or to be removed from office to the relevant certified auctioneer: <Amended on Mar. 23, 2013; Jun. 22, 2015>
1. Where the certified auctioneer erroneously determines the priority of auctions for agricultural or fishery products put on the market for sale, intentionally or by gross negligence;
2. Where the certified auctioneer erroneously evaluates the prices of agricultural or fishery products put on the market for sale, intentionally or by gross negligence;
3. Where the certified auctioneer erroneously determines any successful bidder for agricultural or fishery products put on the market for sale, intentionally or by gross negligence.
(5) Where an intermediary wholesaler (only applicable to an intermediary wholesaler prescribed in Articles 25 and 46; hereinafter the same shall apply) or local distributor falls under any of the following, a person who sets up a wholesale market may order him/her to suspend the relevant business for a fixed period not exceeding six months, or cancel permission for intermediate wholesale business or the registration of the local distributor: Provided, That where he/she falls under subparagraph 11, such permission or registration shall be canceled: <Amended on Feb. 22, 2012; Mar. 24, 2014; Dec. 31, 2018; Nov. 30, 2021>
1. When he/she fails to meet any of the requirements for permission, in violation of Article 25 (3) 1 through 4 or 6, or fails to dismiss the relevant executive officer in violation of paragraph (4) of the same Article (including cases applied mutatis mutandis pursuant to Article 46 (2));
2. When he/she interferes with the participation of another intermediary wholesaler or trade participant in trade or fails to participate in collective auction or bidding without any good cause in violation of Article 25 (5) 1 (including cases applied mutatis mutandis pursuant to Article 46 (2));
2-2. When he/she has a third party engage in intermediary wholesale business by using his/her name or trade name, or lends a third party his/her license for intermediary wholesale business in violation of Article 25 (5) 2 (including cases applied mutatis mutandis pursuant to Article 46 (2));
3. When he/she engages in the business of a local distributor in the relevant wholesale market, in violation of Article 29 (2);
4. When he/she sells, purchases, or brokers the trade of, agricultural or fishery products, in violation of Article 29 (4);
5. When he/she trades agricultural or fishery products, other than those put on the market for sale without permission in violation of Article 31 (2) (including cases applied mutatis mutandis pursuant to Article 46 (2));
6. When an intermediary wholesaler sells agricultural or fishery products in a place other than the wholesale market in violation of Article 31 (3) (including cases applied mutatis mutandis pursuant to Article 46 (2));
6-2. When an intermediary wholesaler trades agricultural or fishery products with another intermediary wholesaler in violation of Article 31 (5) (including cases applied mutatis mutandis pursuant to Article 46 (2));
7. When he/she collects fees, etc. in violation of Article 42 (including cases applied mutatis mutandis pursuant to Article 46 (2));
8. When he/she fails to meet any of the requirements for the use of facilities or fails to comply with measures taken by a person who sets up the wholesale market, in violation of Article 74 (1);
9. When he/she fails to undergo an inspection conducted under Article 80 without good cause or interferes with such inspection;
10. When he/she violates Article 6 (1) of the Act on Origin Labeling of Agricultural and Fishery Products;
11. When he/she is issued with a disposition of business suspension as falling under any of subparagraphs 1 through 10 and conducts his/her business during the period of such business suspension.
(6) The criteria for punishment against each offense provided for in paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
(7) Where a person who sets up a wholesale market has revoked permission for intermediary wholesale business pursuant to paragraph (5), he/she shall post the details thereof on the website designated and announced by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. <Newly Inserted on Feb. 22, 2012; Mar. 23, 2013>
[This Article Wholly Amended on Jul. 21, 2011]