Article 75(Revocation of permission) #
(1) If a business operator falls under any of the following subparagraphs, the Minister of Food and Drug Safety, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu may cancel his or her business license or registration, as prescribed by Presidential Decree, suspend all or some of the relevant business within a fixed period of up to six months, or issue an order to close down his or her place of business (limited to business reported under Article 37 (4); hereafter in this Article the same shall apply); provided, where a food service business operator has violated subparagraph 13 (applicable only to the part relating to Article 44 (2)), where a youth counterfeited, altered, or illegally used an identification card and the food service business operator did not recognize him or her as a youth, or where it is recognized that the food service business operator failed to check the identity of the youth due to violence or intimidation, the food service business operator may be exempted from the relevant administrative disposition as prescribed by Presidential Decree: <Amended on Feb. 4, 2010; Jun. 7, 2011; Mar. 23, 2013; Jul. 30, 2013; May 28, 2014; May 18, 2015; Feb. 3, 2016; Mar. 13, 2018; Dec. 11, 2018; Apr. 30, 2019; Dec. 29, 2020; Jun. 10, 2022; Jan. 2, 2024; Feb. 6, 2024>
1. Where he or she violates Article 4 through 6, 7 (4), 8, 9 (4), 9-3, or 12-2 (2);
2. Deleted; <Mar. 13, 2018>
3. Where he or she violates Article 17 (4);
4. Where he or she refuses, obstructs, or evades access, inspection, or collection under Article 22 (1) (including cases where such access, inspection, or collection is conducted on a non-face-to-face basis under Article 22-3);
4-2. Deleted; <Feb. 3, 2015>
5. Where he or she violates Article 31 (1) and (3);
6. Where he or she violates Article 36;
7. Where he or she violates the latter part of paragraph (1), paragraph (3) or the latter part of paragraph (4) of Article 37, or conditions under paragraph (2) of that Article;
7-2. Where he or she fails to register revisions under Article 37 (5) or violates the proviso of that paragraph;
8. Where he or she falls under Article 38 (1) 8;
9. Where he or she violates Article 40 (3);
10. Where he or she violates Article 41 (5);
10-2. Where he or she violates Article 41-2 (1);
11. Deleted; <Feb. 3, 2016>
12. Where he or she violates restrictions on business under Article 43;
13. Where he or she violates Article 44 (1), (2) or (4);
14. Where he or she fails to take measures to recall foods, etc. under the former part of Article 45 (1);
14-2. Where he or she fails to report a plan for recall under the latter part of Article 45 (1), or files a false report;
14-3. Where he or she fails to make a report under Article 46-2 (1) or makes a false report;
15. Where he or she fails to apply HACCP under Article 48 (2);
15-2. Where he or she fails to register food traceability under the proviso of Article 49 (1);
16. Where he or she violates Article 51 (1);
17. Where he or she violates any order issued under Article 71 (1), 72 (1) or (3), 73 (1) or 74 (1) (including Article 71 (1), 72 (1) or (3) or 74 (1) applicable mutatis mutandis under Article 88);
18. Where he or she refuses, obstructs or evades the seizure or discarding under Article 72 (1) or (2);
19. Where he or she commits an offense under Article 4 of the Act on the Punishment of Arrangement of Commercial Sex Acts.
20. Where he or she commits an act provided in subparagraph 11 of Article 3 of the Narcotics Control Act or abets or aids another person to commit such act.
(2) Where a business operator continues to conduct business, violating an order to suspend business operations under paragraph (1), the Minister of Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may cancel his or her business license or registration, or issue an order to close down his or her place of business. <Amended on Jun. 7, 2011; Mar. 23, 2013; Feb. 3, 2016>
(3) In any of the following cases, the Minister of Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may cancel a business license or registration, or issue an order to close down a place of business: <Amended on Jun. 7, 2011; Mar. 23, 2013; Jun. 7, 2013; Feb. 3, 2016>
1. Where the business operator suspends his or her business for at least six consecutive months without good cause;
2. Where a business operator (limited to those who have obtained a business license under Article 37 (1)) reports business closure to the head of the competent tax office under Article 8 of the Value-Added Tax Act after closing down business or the head of the competent tax office cancels his or her business registration.
(4) Where necessary for revoking a business license for the reason under paragraph (3) 2, the Minister of Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may request the head of the competent tax office to provide him or her with information about whether a business operator has closed his or her business. In such cases, the head of the competent tax office requested shall provide him or her with information about whether the business operator has closed his or her business pursuant to Article 39 of the Electronic Government Act. <Added on Mar. 27, 2015; Feb. 3, 2016>
(5) Detailed standards for administrative dispositions under paragraphs (1) and (2) shall be prescribed by Prime Ministerial Decree, in consideration of the types or degrees of violations. <Amended on Jan. 18, 2010; Mar. 23, 2013; Mar. 27, 2015>