Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Plant Protection Act and those necessary for the enforcement thereof.
Article 2(Technology development plans for phytosanitary measures) #
(1) A technology development plan for phytosanitary measures under Article 7-4(1) of the Plant Protection Act (hereinafter referred to as the "Act") shall include each of the following: <Amended on Jan. 13, 2012>
1. Objectives and key strategies for technology development plan for phytosanitary measures;
2. Development of prevention and diagnostic technologies and disinfection methods of pests;
3. Development of technologies related to categorization and identification of pests;
4. Collaborative research projects with domestic and overseas research institutes, organizations, etc. related to the technology development of phytosanitary measures;
5. Utilization plans for outcomes of the technology development of phytosanitary measures;
6. Ensuring budget and human resources necessary for the technology development of phytosanitary measures;
7. Other necessary matters for the technology development of phytosanitary measures.
(2) Where the Minister of Agriculture, Food and Rural Affairs intends to formulate or implement a plan for the technology development of phytosanitary measures, the Minister may consult with relevant administrative agencies, local governments, colleges and universities, research institutes, agricultural organizations, etc. for the joint research of the technology development of phytosanitary measures, utilization of research outcomes, and other matters necessary for the prevention of overlapped research.
Article 3(Requirements for importation permission for prohibited articles) #
(1) "Requirements prescribed by Presidential Decree" in Article 10(2)1 of the Act means the following requirements: <Amended on Jun. 24, 2011; Jan. 13, 2012; Jul. 24, 2012; Mar. 23, 2013; Nov. 28, 2017; Jun. 26, 2019>
1. A research institute to be provided with prohibited articles specified in Article 10(1) of the Act (hereinafter referred to as "prohibited articles") shall be an institution or organization (limited to cases where it imports only for testing and research purposes) referred to in each subparagraph of Article 14(1) (excluding departments solely responsible for research and development referred to in subparagraph 2 of that Article and institutes or organizations specified in subparagraph 7 of the Article) of the Basic Research Promotion and Technology Development Support Act;
2. A research institute to be provided with prohibited articles shall be an agency responsible for agricultural bio-resources (limited to cases where it imports only for ensuring agricultural bio-resources) designated by the Minister of Agriculture, Food and Rural Affairs in accordance with Article 14 of the Act on the Conservation, Management and Use of Agricultural Bio-Resources;
3. Professional human resources, facilities, and equipment suitable for managing prohibited articles shall be prepared;
4. A quantity applied for importation permission on prohibited articles shall be a quantity appropriate for importation purposes.
(2) "Requirements prescribed by Presidential Decree" in Article 10(2)3 of the Act shall be as follows: <Added on Nov. 28, 2017>
1. A person who imports relevant prohibited articles shall be registered under Article 37(1) of the Seed Industry Act;
2. Professional human resources shall be able to manage relevant prohibited articles;
3. Facilities and equipment shall be prepared for preventing the spread of pests and handling any residues occurred in the course of packaging and processing relevant prohibited articles;
4. Prohibited articles shall be intended to be re-packaged and processed for the purpose of exportation within one year from the date of importation thereof.
(3) Detailed standards for professional human resources, facilities, and equipment under subparagraph 3 of Article 1 and subparagraphs 2 and 3 of Article 2 shall be determined and publicly notified by the Minster of Agriculture, Food and Rural Affairs.
Article 3-2(Persons engaged in affairs of handling containers) #
"Persons prescribed by Presidential Decree who are engaged in the affairs of handling containers" in Article 19-2(1) of the Act means any of the following:
1. Owner of containers;
2. Persons engaged in the business of loading and unloading containers;
3. Persons engaged in the business of repairing containers;
4. Persons engaged in the business of cleaning containers.
[This Article Added on Jun. 25, 2019]
[Previous Article 3-2 moved to Article 3-3 <Jun. 25, 2019>]
Article 3-3(Composition and operation of pest observation and control headquarters) #
(1) The Pest Observation and Control Headquarters established within the Ministry of Agriculture, Food and Rural Affairs in accordance with Article 31-4(1) of the Act (hereinafter referred to as the "Pest Observation and Control Headquarters") shall have one director and one deputy director to assist the director. <Amended on Mar. 23, 2013>
(2) The director of the Pest Observation and Control Headquarters shall be the Vice Minister of Agriculture, Food and Rural Affairs, and the deputy director shall be a public official designated by the Minister of Agriculture, Food and Rural Affairs, from among public officials in general service of the Senior Executive Service. <Amended on Mar. 23, 2013>
(3) The Pest Observation and Control Headquarters shall perform the following duties:
1. Establishment of policies for the observation and control of pests;
2. Provision of support for pest observation and control offices;
3. Overall supervision and coordination to formulate plans for the observation and coordination of pest control;
4. Establishment of a system for the cooperation with relevant central administrative agencies for the observation and control of pests;
5. Public relations regarding the observation and control of pests.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the composition and operation of the Pest Observation and Control Headquarters shall be determined by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
[This Article Added on Jan. 13, 2012]
[Moved from Article 3-2; previous Article 3-3 moved to Article 3-4 <Jun. 25, 2019>]
Article 3-4(Composition and operation of pest observation and control offices) #
(1) A Central Pest Observation and Control Office established under Article 31-4(2) of the Act (hereinafter referred to as "Central Pest Observation and Control Office") shall have a Danjang (Director General of a Group) who shall be nominated by the Administrator of Rural Development Administration, from among public officials engaged in research or technical advice service.
(2) The Danjang of the Central Pest Observation and Control Office may establish and operate task force teams by sector, such as technology and information, food crops, and horticultural crops for efficient observation and control of pests.
(3) The Central Pest Observation and Control Office shall perform the following duties: <Amended on Dec. 28, 2021>
1. Formulation of plans for the observation and control of pests;
2. Promotion of the observation and control of pests and guidance and inspection thereof;
3. Support for the budget and technology of City/Do pest observation and control offices in accordance with Article 31-4(2) of the Act;
4. Establishment of a system cooperation with local governments to observe and control pests;
5. Education and public relations regarding the observation and control of pests.
(4) Except as provided in paragraphs 1 through 3, matters necessary for the composition and operation of the Central Pest Observation and Control Office shall be determined by the Administrator of the Rural Development Administration.
[This Article Added on Jan. 13, 2012]
[Moved from Article 3-3 <Jun. 25, 2019>]
Article 3-5(Preventive observations of pests) #
(1) The Minister of Agriculture, Food and Rural Affairs may request the following measures to be taken pursuant to the former part of Article 33(3) of the Act:
1. Inspection of pests: Inspection of facilities and articles, such as a parcel of land, storage, warehouse, place of business, or means of conveyance that carry or are suspected to carry regulated pests, provisionally regulated pests, or pests subject to pest control measures taken under Article 32(3) of the Act (hereinafter referred to as "regulated pests, etc.");
2. Control of pests: Spraying sanitary chemicals for taking pest control measures against regulated pests, etc.; and incinerating, burying, or returning articles;
3. Environmental improvement: Keeping clean environment and repairing facilities, by employing such measures as termination of weeds in areas where regulated pests, etc. are likely to inhabit and filling the cracks and breaks in open storage yards in an airport or harbor.
(2) Except as provided in paragraph 1, the Minister of Agriculture, Food and Rural Affairs shall determine and publicly notify detailed matters for pest investigations, pest control measures, environmental improvement, etc.
[This Article Added on Jun. 25, 2019]
Article 3-6(Request for provision of data or information) #
(1) "Data or information prescribed by Presidential Decree" in the former part, with the exception of the subparagraphs, of Article 33-4(1) of the Act means the following data or information:
1. The names, addresses, and contact information of a plant grower prescribed in Article 33-4(1)1 of the Act (hereinafter referred to as "plant grower") and an agricultural worker prescribed in subparagraph 2 of that paragraph (hereinafter referred to as "agricultural worker") (where a plant grower is a corporation, referring to the name of the corporation, corporate registration number, location of its principal office and contact information, and the name and contact information of its representative);
2. Address and size of a growing area;
3. The age (limited to perennial plants), varieties and quantity of plants cultivated;
4. Other data or information deemed by the Minister of Agriculture, Food and Rural Affairs, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") to be necessary for the control of pests.
(2) "Plants prescribed by Presidential Decree" in Article 33-4(1)1 of the Act means Rosaceae plants, such as apples and pears.
[This Article Added on Jul. 16, 2024]
Article 3-7(Preventive education and compliance with precautionary measures) #
(1) Education on the prevention of pests under Article 33-5(1) of the Act (hereinafter referred to as "preventive education") shall be conducted by means of group education, such as lectures and audiovisual education, or distance education, such as Internet lectures.
(2) A plant grower (referring to the representative of a corporation in the case of a corporation; hereafter the same shall apply in this Article) shall complete preventive education for at least one hour a year pursuant to Article 33-5(2) of the Act.
(3) The Minister of Agriculture, Food and Rural Affairs or a Mayor/Do Governor shall issue a certificate of completion to a plant grower who has completed preventive education.
(4) "Precautionary measures prescribed by Presidential Decree" in Article 33-5(3) of the Act means the following:
1. To thoroughly disinfect the hands, work clothes, shoes, hats, gloves and work tools of agricultural workers before and after agricultural work;
2. To spray pesticide registered under Article 8(1) or 17(1) of the Pesticide Control Act according to the timing of outbreak of pests by crops;
3. To purchase seedlings for which the history of production and sale of seeds is recorded and kept under Article 39-3(1) of the Seed Industry Act;
4. To periodically observe and investigate the outbreak of pests in growing areas, and make a report without delay if any pests are found under Article 30-2(1) of the Act;
5. To fully cooperate in preventive observations of the outbreak of pests under Article 33(1) of the Act.
(5) Except as provided in paragraphs (1) through (3), details necessary for the conduct and operation of preventive education shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs or a Mayor/Do Governor.
[This Article Added on Jul. 16, 2024]
Article 4(Liability for expenses) #
(1) Where a Mayor/Do Governor intends to require beneficiaries of pest control measures to bear some of expenses incurred therein in accordance with the proviso of Article 37 of the Act, he or she shall issue such beneficiaries a notice of expenses for pest control measures to be borne within 30 days after relevant pest control measures are taken. <Amended on Nov. 28, 2017; Jul. 16, 2024>
(2) When the Mayor/Do Governor determines the amount of costs for taking pest control measures to be borne by beneficiaries, the Mayor/Do Governor shall require such beneficiaries to equally bear the remaining amount obtained by subtracting expenses borne by the local government from the total expenses for taking pest control measures.
(3) An expense incurred in taking pest control measures to be borne by beneficiaries in accordance with paragraph (2) shall be the sum of each of the following expenses:
1. Chemical expenses;
2. Fees for using pest control tools;
3. Expenses for manpower (referring only to the amount paid to the persons directly involved in the task for taking pest control measures).
Article 4-2(Scope of compensation for losses) #
(1) The scope of compensation for losses under the main sentence of Article 38(1) of the Act shall be as follows; provided, those owned by the State or a local government shall be excluded from the compensation for losses: <Amended on Mar. 23, 2013>
1. In cases of a restriction or prohibition on growing plants in accordance with Article 36(1)1 of the Act: Expenses incurred in replacing the plants;
2. In cases of a restriction or prohibition on transfer and movement of plants in accordance with Article 36(1)2 of the Act: An amount obtained following the computation method determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs taking account of quantity of inspection items, cost price, etc. of the plants, etc.;
3. In cases of requiring disinfection, discarding, etc. of plants, etc. (including soil around roots, etc. of plants) in accordance with Article 36(1)3 of the Act: An amount obtained following the computation method determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs taking account of quantity of inspection items, cost price, etc. of the plants, etc. and expenses incurred in taking measures, such as disinfection or discarding;
4. In cases of requiring disinfection of goods or facilities; restriction of the use thereof; or taking other similar measures in accordance with Article 36(1)4 of the Act: Expenses incurred in taking such measures.
(2) The standards for the reduction of compensation under the proviso of Article 38(1) of the Act shall be as specified in Appendix 1. <Amended on Jul. 16, 2024>
(3) "Period prescribed by Presidential Decree" in the main clause of Article 38(1)7 of the Act means ten years. <Amended on Jul. 16, 2024>
(4) "Pests prescribed by Presidential Decree" in the main clause of Article 38(1)7 of the Act means the following: <Added on Jul. 16, 2024>
1. Fire blight;
2. Black shoot blight.
(5) An amount equivalent to at least 80/100 of the compensation for losses under Article 38(1) of the Act shall be paid by the State, and the remainder shall be paid by the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province. <Added on Dec. 28, 2021; Jul. 16, 2024>
(6) Except as provided in paragraphs (1) through (5), matters necessary for the methods, procedures, etc. for compensation of losses shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Dec. 28, 2021; Jul. 16, 2024>
Article 4-3(Subsidization of livelihood stabilization expenses) #
(1) Persons who are eligible for subsidization of livelihood stabilization expenses under Article 38-2(1) of the Act (hereinafter referred to as "livelihood stabilization expenses") shall be farmers who have discarded multi-year plants, such as fruit trees, from among the persons who have complied with an order to take pest control measures issued under Article 36; provided, any of the following persons need not be provided with livelihood stabilization expenses: <Amended on Dec. 22, 2015>
1. A person who is not a farmer as provided in subparagraph 2 Article 3 of the Framework Act on Agriculture and Fisheries, Rural Community, and Food Industry;
2. A person who has conducted an act causing an order to take pest control measures issued under Article 36 of the Act or fails to comply with such order appropriately;
3. A person who fails to grow multi-year plants, such as fruit trees, after having discarded perennial plants, such as fruit trees, under Article 36 of the Act.
(2) Livelihood stabilization expenses may be subsidized with the maximum of the amount of national average household expenses for six months in the statistics on the economic survey of farming households surveyed and published by a statistics service agency defined in subparagraph 3 of Article 3 of the Statistics Act.
(3) The State shall subsidize at least 70/100 of livelihood stabilization expenses, and the local government shall subsidize the remainder.
(4) A person who desires to be subsidized with livelihood stabilization expenses shall apply for the livelihood stabilization expenses as prescribed by the Decree of the Ministry of Agriculture, Food and Rural Affairs, to the head of the Si/Gun/autonomous Gu having jurisdiction over the place in which pest control measures are taken. <Amended on Mar. 23, 2013>
(5) Except as provided in paragraphs (1) through (4), matters necessary for subsidization of livelihood stabilization expenses shall be determined and publicly notified by the Administrator of the Rural Development Administration.
[This Article Added on Jan. 13, 2012]
Article 5(Payment of monetary awards) #
(1) The Minister of Agriculture, Food and Rural Affairs shall pay monetary awards up to two million won to a person who has filed a report or a criminal complaint under Article 43 of the Act within budgetary limits. <Amended on Mar. 23, 2013; Nov. 28, 2017>
(2) Standards, methods, procedures, etc. for payment of monetary awards under paragraph (1) shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
Article 5-2(Methods and scope of requesting information) #
The Minister of Agriculture, Food and Rural Affairs may request any of the following information in accordance with the former part of Article 45-2(2) of the Act. In such cases, the request shall be made in a written form (including electronic documents); in cases of emergency, it may be orally requested.
1. Data on ecology or physiology of pests necessary for analyzing and assessing pest risks under Article 6 of the Act, current status of outbreak of pests, preventive observation of pests, pest control measures, information on following-up management, etc.;
2. Information on the issuance of a passport, entry into or departure from the Republic of Korea, resident registration number, address, and phone number of a person who has made a false declaration under Article 12(1) through (3) of the Act or who has imported articles subject to phytosanitary measures without inspection or who has undergone inspection by improper or wrongful means;
3. Any of the following Information needed for conducting epidemiological investigations under Article 31-6(1) of the Act:
a. Current status of outbreak, population, and controlling of pests; and that of growing, production, and sale, by plant, in areas where the pests are found;
b. Information on the issuance of a passport, entry into or departure from the Republic of Korea, resident registration number, address, and phone number of a person who owns, grows, or sells plants on which pests have been found;
c. Importation passages of containers imported (including imported goods) from countries in which pests, etc. are found;
4. Other information necessary to prevent the domestic introduction and spread of pests.
[This Article Added on Jun. 25, 2019]
Article 6(Delegation and entrustment of authority and affairs) #
(1) The Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to the Administrator of the Rural Development Administration in accordance with Article 46(1) of the Act: <Amended on Mar. 23, 2013; Nov. 28, 2017; Jun. 25, 2019; Mar. 10, 2020; Jul. 16, 2024>
1. To receive reports on the outbreak of pests, etc. subject to pest control measures in accordance with Article 30-2(1) of the Act (limited to reports on the areas in which the head of a phytosanitary agency investigates the outbreak of pests in accordance with Article 33(1) of the Act);
1-2. To determine whether to take pest control measures and make public announcement of taking pest control measures in accordance with Article 31 of the Act;
2. To conduct pest population surveys under Article 31-5 of the Act (excluding pest population surveys on areas of an airport or harbor in which import containers are stored and their neighboring areas;
2-2. To conduct pest risk assessments under Article 31-7 of the Act;
3. To determine whether to take urgent pest control measures; to establish and implement an emergency plan for pest control measures; and to report on the results thereof as prescribed in Article 32(5) of the Act;
3-2. To make a request for the provision of data or information under the former part of Article 33-4(1) of the Act;
3-3. To provide preventive education under Article 33-5(1) of the Act;
4. To issue an order to take pest control measures under Article 36(1) of the Act and an order requiring a phytosanitary control officer (excluding phytosanitary control officers of a local government) to take urgent pest control measures referred to in paragraph (2) of the Article;
5. To permit the excavation of a parcel of land in which plants, etc. are buried under the proviso of Article 37-2(1) of the Act;
6. To make a compensation for losses under Article 38 of the Act;
7. To secure and transfer pest control chemicals and to subsidize expenses incurred in purchasing chemicals in accordance with Article 39(1) and (2) of the Act;
8. To commission honorary phytosanitary guards and to reimburse them for expenses incurred in monitoring as prescribed in Article 42(1) and (2) of the Act;
9. To pay monetary awards in accordance with Article 43(2) of the Act (limited to the filing of a report with the Administrator of the Rural Development Administrator or relevant Mayor/Do Governor);
Article 6-2(Processing of personally identifiable information) #
(1) The Minister of Agriculture, Food and Rural Affairs (including a person with whom some of authority of the Minister of Agriculture, Food and Rural Affairs is entrusted under Article 6), the Mayor/Do Governor, and the head of a Si/Gun/autonomous Gu may process data in which resident registration numbers, passport numbers, alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of Personal Information Protection Act are included, where it is essential for conducting each of the following affairs: <Amended on Jun. 25, 2019; Jan. 13, 2024; Jul. 16, 2024>
1. Establishing and operating the national integrated information system for plant pests under Article 3-2 of the Act;
2. Inspecting articles subject to phytosanitary measures in accordance with Article 12 of the Act;
3. Verifying the requirements for designation of specialized inspection institutions specified under Article 15-2(2) of the Act;
4. Conducting epidemiological investigations under Article 31-6(1) of the Act;
5. Issuing orders and taking measures in accordance with Article 36(1) through (4) of the Act;
6. Requiring to bear expenses under the proviso of Article 37 of the Act;
7. Compensating for losses under Article 38 of the Act;
8. Subsidizing livelihood stabilization expenses under Article 38-2 of the Act.
(2) The Commissioner of the Animal and Plant Quarantine Agency may handle data in which resident registration numbers under subparagraph 1 of Article 19 the Enforcement Decree of the Personal Information Protection Act are included, where it is essential for conducting affairs regarding the registration of business for heat treatment of timber for exportation or importation under Article 40 of the Act.
[This Article Wholly Amended on Nov. 28, 2017]
Article 7(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 50(1) through (3) of the Act shall be as specified in Appendix 2. <Amended on Jan. 13, 2012; Jul. 16, 2024>