Article 1(Purpose) #
The purpose of this Act is to contribute to the improvement of public health by aggravatingly punishing such crimes as manufacturing illegal foods and additives, illegal medicines and cosmetics, poisonous substances or unlicensed medical practices.
[This Article Wholly Amended by Act No. 10579, Apr. 12, 2011
Article 2(Punishment for manufacturing illegal foods) #
(1) A person who manufactures or processes foods or additives without permission or without filing a report or registration under Article 37 (1), (4), and (5) of the Food Sanitation Act, a person who manufactures or processes functional health foods without permission in accordance with the provisions of Article 5 of the Health Functional Foods Act, a person who counterfeits or adulterates foods, additives or functional health foods identical to those already licensed or reported, a person who, knowing such fact, sells or acquires them for the purpose of sale or offers good offices for sale, a person who manufactures or processes them in violation of each of the provisions of Articles 6 and 7 (4) of the Food Sanitation Act or Article 24 (1) of the Health Functional Foods Act, and a person who, knowingly, sells or acquires them for the purpose of sale or offers good offices for sale, shall be punished in accordance with the classifications set forth in the following subparagraphs: <Amended on Dec. 19, 2017>
1. Where foods, additives or functional health foods are seriously harm ful to the human body, he or she shall be sentenced to imprisonment for life or for not less than five years;
2. Where the value of foods, additives or functional health foods at retail amounts to not less than 50 million won per annum, he or she shall be sentenced to imprisonment for life or for not less than three years;
3. Where a crime listed in subparagraph 1 is committed, causing the death or injury of another, he or she shall be sentenced to death penalty, imprisonment for life or for not less than five years.
(2) In cases of paragraph (1), a fine equivalent to not less than double but not more than quintuple of the retail value of the products manufactured, processed, counterfeited, altered, acquired, sold or offered good offices for sale shall be concurrently imposed.
[This Article Wholly Amended by Act No. 10579, Apr. 12, 2011
Article 3(Punishment for manufacturing illegal medicines) #
(1) A person who manufactures medicines without permission under Article 31 (1) of the Pharmaceutical Affairs Act or who sells, acquires for the purpose of sale, arranges sale of, or purchases for the purpose of medical treatment, such products with the knowledge of such fact, a person who substitutes the efficacy of main ingredients with the efficacy of entirely different ingredients or manufactures medicines that contain substantially less amount of main ingredients than as permitted in violation of subparagraph 2 of Article 62 of the same Act or who sells, acquires for the purpose of sale, arranges sale of, or purchases for the purpose of medical treatment, such products with the knowledge of such fact, or a person who counterfeits or alters medicines similarly to permitted ones or who sells, acquires for the purpose of sale, arranges sale of, or purchases for the purpose of medical treatment, such products with the knowledge of such fact shall be punished in accordance with the following classifications: <Amended on Jun. 7, 2011>
1. Where the medicine is seriously harmful to the human body, or where the medicine falling under medicines prescribed by Presidential Decree from among medicines subject to release approval by the State under Article 53 of the Pharmaceutical Affairs Act substantially lacks in efficacy or content: Imprisonment for life or for not less than five years;
2. Where the value of the medicine, based on the retail price, is equal to or exceeds 10 million won per annum: Imprisonment for life or for not less than three years;
3. Where the crime under subparagraph 1 is committed and results in death or injury of persons: Death penalty or imprisonment for life or for not less than five years.
(2) In cases of paragraph (1), a fine equivalent to not less than double but not more than quintuple of the retail price of the products manufactured, counterfeited, altered, acquired, sold, arranged for sale or purchased shall be concurrently imposed.
[This Article Wholly Amended by Act No. 10579, Apr. 12, 2011
Article 3-2(Special aggravation for second offenders) #
A person who commits a crime under Article 2 (1) 1 or 3 (1) 1 again within 3 years after he or she is sentenced to a punishment for committing a crime under Article 2 or 3 and the execution of such sentence is terminated or exempted, shall be punished by death or imprisonment with labor for an indefinite term, or by imprisonment with labor for at least 5 years.
[This Article Wholly Amended by Act No. 10579, Apr. 12, 2011
Article 4(Punishment for manufacturing illegal poisonous substances) #
(1) A person who manufactures hazardous chemical substances without obtaining permission for business operations or without filing a report required under Article 28 of the Chemical Substances Control Act, or who counterfeits or alters hazardous chemical substances similar to those already permitted or notified, shall be punished in accordance with the following subparagraphs: <Amended 2024. Feb. 6, 2024>
1. Where the residual toxicity of hazardous chemical substances is seriously harmful to the human body: The person shall be sentenced to imprisonment for life or for not less than five years;
2. Where the value of hazardous chemical substances at retail amounts to not less than one million won per annum: The person shall be sentenced to imprisonment for life or for not less than three years.
(2) In cases of paragraph (1), a fine equivalent to not less than double but not more quintuple of the retail value of the products made, used, counterfeited or altered shall be concurrently imposed.
[This Article Wholly Amended by Act No. 10579, Apr. 12, 2011
Article 5(Punishment for illegal medical practitioners) #
A person, who commits any act of the following subparagraphs for the purpose of commercial gain in violation of Article 27 of the Medical Service Act, shall be sentenced to imprisonment for life or for not less than two years. In such cases, a fine not less than one million won but not more than 10 million won shall be concurrently imposed.
1. An act of practicing medical treatments by a profession by a person who is not a doctor;
2. An act of practicing dental treatments by a profession by a person who is not a dentist;
3. An act of practicing herbal medical treatments by a profession by a person who is not a herb doctor.
[This Article Wholly Amended by Act No. 10579, Apr. 12, 2011
Article 6(Joint penal provisions) #
When a representative of a corporation, or an agent, employer or any other employee of a corporation or individual commits any act in violation of Article 2, 3, 4 or 5 in connection with the business of the corporation or individual, the corporation or individual shall be punished by a fine not exceeding 100 million won, in addition to the punishment of the offender; provided, the same shall not apply where the corporation or individual has not neglected to give a due attention and supervision to the affairs in order to prevent such violation.
[This Article Wholly Amended on Dec. 29, 2009]
Article 7(Revocation of license) #
(1) In respect of business which has been punished under this Act, or business whose products are harmful to the human body in violation of the standards and specifications, or business whose products are certified by the Ministry of Food and Drug Safety to considerably lack the efficacy and contents, the head of the agency which has control over the license, authorization or registration shall revoke such license, authorization or registration upon request of the Minster of Health and Welfare, the Minister of Food and Drug Safety or the Minister of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Oct. 1, 2015>
(2) In the case of paragraph (1), no person whose business has been revoked in accordance with this Act shall engage in the same business for a period of five years after the date of its revocation (no person who has been punished shall engage in the same business for a period of five years after the date on which that the execution of the punishment has been completed or remitted).
[This Article Wholly Amended by Act No. 10579, Apr. 12, 2011
Article 8(Standards for harmfulness) #
The standards for "seriously harmful" and "substantially lacking" in Articles 2, 3, 4 and 7 shall be separately prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10579, Apr. 12, 2011
Article 9(Rewards) #
(1) A person who notifies any crime enlisted in this Act to the investigation authorities or supervisory agency or makes an arrest of such criminal in advance of their detection and identification shall be granted a reward, as determined by Presidential Decree.
(2) A person who provides false information for the purpose of having another person get punishment or administrative measures under this Act shall be sentenced to limited imprisonment for not less than one year.
[This Article Wholly Amended by Act No. 10579, Apr. 12, 2011
Article 10(Scope of application) #
To livestock, alcoholic liquors or poisonous agricultural chemicals subject to license, authorization or registration in respect of manufacturing, processing or selling them in accordance with the provisions of Article 22 of the Livestock Products Sanitary Control Act, Article 3 of the Liquor License Act and Articles 3 and 8 of the Pesticide Control Act, this Act shall apply in accordance with the applicability concerning foods under the Food Sanitation Act and hazardous chemical substances under the Chemical Substances Control Act. <Amended on Dec. 29, 2020; Feb. 6, 2024>
[This Article Wholly Amended by Act No. 10579, Apr. 12, 2011