Article 1(Purpose) #
The purpose of this Act is to contribute to the improvement of productivity and the stabilization of business management in agriculture and fisheries by preventing agricultural and fisheries produce from being damaged by disasters and preparing countermeasures against the aftermath of such disasters.
[This Article Wholly Amended on May 8, 2009]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Jan. 25, 2010; Mar. 9, 2011; Jul. 14, 2011; Jul. 28, 2011; Mar. 23, 2013; Mar. 24, 2014; Apr. 13, 2021; Apr. 22, 2025>
1. The term "disaster" means agricultural and fisheries disasters;
2. The term "agricultural disaster" means any damage to agricultural facilities, farmland, crops, livestock, forestry facilities and forestry crops caused by drought, flood, heavy rain, tidal wave, typhoon, strong wind, abnormally low temperature, hailstorm, frost, tide, heavy snow, cold wave, heat wave, yellow dust, diseases and insect pests prescribed by Presidential Decree, the lack of sunshine, harmful wild animals (referring to harmful wild animals defined in subparagraph 5 of Article 2 of the Wildlife Protection and Management Act; hereinafter the same shall apply), or any other natural phenomenon recognized by the Committee for Deliberation on Countermeasures against Agricultural Disasters under Article 5 (1);
3. The term "fisheries disaster" means any damage to cultured marine products and fisheries facilities caused by an abnormal tidal current, a red tide, a massive appearance of jellyfish, a typhoon, a tidal wave, abnormal seawater temperature, harmful wild animals or any other natural phenomenon recognized by the Committee for Deliberation on Countermeasures against Fisheries Disasters under Article 5 (2);
4. The term "agricultural crops" means crops cultivated to produce food, handicrafts, fodder and fertilizers, horticultural crops, cultivated mushrooms, and mulberry trees;
5. The term "forestry crops" means seedlings, fruit trees, trees for landscaping, forest mushrooms, wild herbs and vegetables, wild flowers, and other forestry crops, which are cultivated for the purpose of earning income;
6. The term "livestock" means livestock defined in subparagraph 1 of Article 2 of the Livestock Industry Act;
7. The term "countermeasures against disasters" means preventive measures against disasters, mitigation of damage, recovery from disasters, and assistance to farmers and fishers suffering from disasters;
8. The term "farmer" means a household in which the householder or any of his or her cohabiting family members engages directly in growing agricultural crops or forestry crops or in raising livestock for the purpose of maintaining the family's livelihood, or an agricultural association or an agricultural company under Articles 16 and 19 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;
9. The term "fisher" means a household in which the householder or any of his or her cohabiting family members engages directly in catching, collecting, or culturing marine animals or plants for the purpose of maintaining the family's livelihood, or a fisheries association or a fisheries company under Articles 16 and 19 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;
10. The term "agricultural facilities" means livestock pens, silkworm-raising facilities, horticultural facilities, facilities necessary for agricultural production, and incidental facilities, such as warehouses;
11. The term "forestry facilities" means seedbeds, facilities necessary for growing forestry crops, and incidental facilities, such as warehouses prescribed by Presidential Decree;
12. The term "fisheries facilities" means fishing boats, fishing gear, fishing nets, facilities necessary for fishery production, and incidental facilities, such as warehouses prescribed by Presidential Decree;
13. The term "cultured marine products" means fish, shellfish, seaweed, and other marine animals and plants cultured by fishers.
[This Article Wholly Amended on May 8, 2009]
Article 3(Countermeasures against disasters) #
The State and local governments shall prepare countermeasures against disasters with respect to the following matters: <Amended on Jan. 25, 2010; Mar. 24, 2014>
1. Matters relating to the assistance with, and the mobilization of, equipment, machines, materials, or human resources and expenses for preventing disasters;
2. Matters relating to the restoration of agricultural facilities, farmland, agricultural crops, etc. at the time a disaster occurs;
3. Matters relating to the restoration of facilities for fisheries, fishery grounds, cultured marine products, etc.;
4. Matters relating to the assistance to be rendered to farmers and fishers who suffer from a disaster;
5. Other matters relating to the implementation of countermeasures against disasters.
[This Article Wholly Amended on May 8, 2009]
Article 4(Subsidization and assistance) #
(1) The State and local governments shall fully or partially subsidize for expenses incurred in taking countermeasures against disasters and shall render assistance to farmers and fishers who suffer from disasters; provided, where the State or a local government pays a monetary compensation, subsidy or insurance money of the same kind under other statutes or regulations such as the Framework Act on the Management of Disasters and Safety and the Wildlife Protection and Management Act, the amount corresponding to such monetary compensation, subsidy or insurance money shall not be paid, but where the insurance money actually received under the Agricultural and Fishery Disaster Insurance Act and the Storm, Flood and Earthquake Disaster Insurance Act is smaller than the subsidy granted under this Act, assistance may be provided to cover such difference. <Amended on Mar. 9, 2011; Jul. 28, 2011; Mar. 24, 2014; Oct. 24, 2023; Feb. 13, 2024; Apr. 22, 2025>
(2) Subsidies and assistance granted or rendered to farmers who suffer from a disaster by the State and each local government pursuant to paragraph (1) shall be as follows: <Amended on Dec. 18, 2012; Mar. 24, 2014; Jun. 10, 2022>
1. For countermeasures against damage from a drought:
(a) Fuel oil expenses and electricity bills that are incurred in pumping up water, in cases where water has been pumped up;
(b) Costs of purchasing water pumps and motors;
(c) Costs of installing water pumps and tubular wells;
2. Where pest control measures are taken for agricultural crops or forestry crops: Costs of agricultural chemicals;
3. Where agricultural crops or forestry crops are replanted: Costs of seedlings and fertilizers;
4. Where washed out or buried farmland is restored: Costs of restoration;
5. Where agricultural or fisheries facilities washed out or destroyed are restored: Costs of installation and removal;
6. Where new younglings are raised instead of washed out or dead livestock: Costs of purchasing younglings;
7. Where washed out or buried grassland is restored: Costs of restoration;
8. Where assistance is rendered for washed out or dead silkworms: Costs of raising;
8-2. Where disposal of agricultural crops, forestry crops or livestock is necessary in order to replant agricultural crops or forestry crops, or raise new younglings: Costs of disposal;
Article 4-2(Tax and health insurance exemptions) #
If necessary to stabilize the livelihood of farming and fishing households affected by disasters described in Article 4 (1), the State and local governments may provide them with the following support:
1. Granting tax exemptions, etc. under tax-related Acts such as the Restriction of Special Taxation Act and the Restriction of Special Local Taxation Act;
2. Granting health insurance exemption under the National Health Insurance Act.
[This Article Added on Jul. 14, 2011]
Article 5(Committee for Deliberation) #
(1) The Committee for Deliberation on Countermeasures against Agricultural Disasters shall be established within the Ministry of Agriculture, Food and Rural Affairs in order to have the Committee deliberate on matters relating to agricultural disasters. <Amended on May 8, 2009; Mar. 23, 2013>
(2) The Committee for Deliberation on Countermeasures against Fisheries Disasters shall be established within the Ministry of Oceans and Fisheries in order to have the Committee deliberate on matters relating to fisheries disasters. <Added by Mar. 23, 2013>
(3) Matters necessary for the organization and operation of the Committee for Deliberation on Countermeasures against Agricultural Disasters under paragraph (1) and the Committee for Deliberation on Countermeasures against Fisheries Disasters under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Act. No. 9659, May 8, 2009; Mar. 23, 2013>
[Title Amended on Mar. 23, 2013]
Article 5-2(Legal fiction as public officials in application of penalty provisions) #
A member of the Committee for Deliberation on Countermeasures against Agricultural Disasters under Article 5 (1) or the Committee for Deliberation on Countermeasures against Fisheries Disasters under paragraph (2) of that Article who is not a public official shall be deemed a public official in applying Articles 127 and 129 through 132 of the Criminal Act.
[This Article Added on Nov. 28, 2017]
Article 6(Securing materials necessary for countermeasures against disasters) #
The State and each local government shall secure materials necessary for countermeasures against disasters each year.
[This Article Wholly Amended on May 8, 2009]
Article 7(Emergency measures) #
(1) If a disaster has occurred or is likely to occur and thus emergency measures are required, the head of each local government may mobilize residents in the affected area to take emergency measures and use, expropriate, or remove the land, residential houses, facilities, and goods in such area.
(2) When the head of each local government initiates emergency measures pursuant to paragraph (1), he or she shall execute such measures by a written order to take countermeasures against the disaster, as prescribed by Presidential Decree.
(3) The head of each local government shall pay fair compensation to a person for losses that the person sustains due to a disposition made pursuant to paragraph (1).
(4) Any person who has an objection to the compensation under paragraph (3) may file a petition for adjudication with the competent Regional Land Tribunal under the Act on the Acquisition of Land for Public Works Projects, as prescribed by Presidential Decree.
(5) As to objections to an adjudication under paragraph (4), Articles 83 through 86 of the Act on the Acquisition of Land for Public Works Projects shall apply mutatis mutandis.
[This Article Wholly Amended on May 8, 2009]
Article 7-2(Special cases on disposal and post management of dead animals) #
(1) Notwithstanding the Wastes Control Act, where the Mayor of the relevant Special Metropolitan City, the Mayor of the relevant Metropolitan City, the Mayor of the relevant Special Self-Governing City, the Governor of the relevant Do or the Governor of the relevant Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") deems it necessary because domestic animals or aquatic animals (referring to aquatic animals under subparagraph 2 of Article 2 of the Aquatic Life Disease Control Act) more than the magnitude prescribed by Presidential Decree are killed due to a disaster, the Mayor/Do Governor may dispose of dead domestic animals or aquatic animals in landfills, as prescribed by Presidential Decree.
(2) Where the Mayor/Do Governor disposes of dead domestic animals or aquatic animals in landfills pursuant to paragraph (1), he or she shall take measures to prevent environmental pollution and deal with the aftermath of disposal in landfills, as prescribed by Presidential Decree.
[This Article Added on Mar. 24, 2014]
Article 8(Assistance in emergency measures) #
(1) If a disaster has occurred or is likely to occur and thus emergency measures are required, the head of each local government may request the head of an appropriate administrative agency, the head of a public institution, or persons who hold the license for, or the registration of, a passenger transport business under Article 4 of the Passenger Transport Service Act and persons who hold the permit for a trucking transport business under Article 3 of the Trucking Transport Business Act (hereinafter referred to collectively as "transport business entities") to transport goods necessary for countermeasures against the disaster and render assistance in other ways.
(2) A person to which rendering assistance is requested pursuant to paragraph (1) shall render such assistance without delay, unless any extenuating circumstance exists.
(3) The head of each local government shall pay fair compensation to a person for losses that the person sustains due to a disposition made pursuant to paragraph (1), as prescribed by Presidential Decree.
(4) As to an objection to the compensation under paragraph (3), Article 7 (4) and (5) shall apply mutatis mutandis.
[This Article Wholly Amended on May 8, 2009]
Article 9(Advance payment of restoration fund) #
(1) Where it is necessary for the recovery from a disaster, the State and local governments may pay some of funds for restoration in advance before restoration works are completed to farmers and fishers who suffer from the disaster. <Amended on Mar. 24, 2014>
(2) Deleted. <Mar. 24, 2014>
(3) Article 66-2 of the Framework Act on the Management of Disasters and Safety shall apply mutatis mutandis to matters necessary for support, such as criteria and methods for paying in advance under paragraph (1), and Joint Ordinance shall apply to matters not provided in the aforesaid Act. <Amended on Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017>
[This Article Wholly Amended on May 8, 2009]
Article 10(Restriction on subsidization and assistance) #
The State and each local government may exclude any of the following farmers or fishers, from farmers and fishers eligible for subsidization and assistance under Article 4:
1. If he or she intentionally neglects the prevention of a disaster and the restoration and maintenance after the disaster to aggravate damage by the disaster;
2. If he or she refuses, interferes with, or evades an investigation into damage by the disaster.
[This Article Wholly Amended on May 8, 2009]
Article 11(Penalty provisions) #
Any of the following persons shall be punished by imprisonment with labor for not exceeding one year or by a fine not exceeding 10 million won: <Amended on Oct. 15, 2014>
1. A person who refuses, interferes with, or evades a disposition made pursuant to Article 7 (1);
2. A transport business entity who fails to comply with any request made pursuant to Article 8 (1) without a good cause.
[This Article Wholly Amended on May 8, 2009]
[Moved from Article 12; previous Article 11 moved to Article 12 <May 8, 2009>]
Article 12 #
Deleted. <Mar. 24, 2014>