Article 1(Purpose) #
The purpose of this Decree is to provide for such matters as delegated by the Sericultural Industry Act (hereinafter referred to as the “Act”) and those necessary for the enforcement thereof.
Article 2(Facility Standards of Silkworm Egg Production Business) #
The term “facilities as prescribed by the Presidential Decree” as referred to in Article 4 (1) of the Act means the facilities listed in annexed Table 1.
Article 3(Application for Inspection of Silkworm Eggs, etc.) #
(1) A person who has reported as referred to in Article 4 (1) of the Act (hereinafter referred to as the “silkworm egg producer”), where he cannot carry out the self-inspection with regard to the silkworm eggs subject to the inspection as referred to in Article 6 (2) of the Act, may apply to the President of the National Institute of Agricultural Science and Technology under the Rural Development Administration or head of the Do Sericulture Agency for the inspection. <Amended by Presidential Decree No. 15854, Aug. 1, 1998>
(2) Where the silkworm egg producer desires to go through the inspection pursuant to paragraph (1), he shall apply to the head of the relevant inspection agency for the inspection ten days prior to the intended date of inspection.
(3) The President of the National Institute of Agricultural Science and Technology under the Rural Development Administration or head of the Do Sericulture Agency shall, where the application for inspection as referred to in paragraph (2) is made, carry out the inspection under the conditions as determined by the Ordinance of the Ministry of Agriculture and Forestry, and shall notify the applicant. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 15854, Aug. 1, 1998>
Article 4(Facility Standards of Businesses Subject to Registration) #
The term “facilities of such size as larger than those as a prescribed by the Presidential Decree” as referred to in Article 10 (1) of the Act, means the facilities listed in the annexed Table 2.
Article 5(Time, etc. for Price Determination of Cocoons, etc.) #
(1) The time for determining the standards of cocoon price and raw silk price as referred to in Article 10 (1) of the Act, and the period of application shall be as follows:
1. Farmhouse offering cocoon price shall be determined until April 30 every year, and it shall apply to cocoons produced in the corresponding year; and
2. The standards of raw silk price shall be determined until April 30 every year, and it shall be apply from July 1 of the corresponding year through June 30 next year.
(2) The Minister of Agriculture and Forestry may, where there exist drastic economic changes or compelling reasons, change the determined price pursuant to paragraph (1). <Amended by Presidential Decree No. 15135, Aug. 8, 1996>
Article 6 #
Deleted.<by Presidential Decree No. 15520, Nov. 29, 1997>
Article 7 #
Deleted.<by Presidential Decree No. 15520, Nov. 29, 1997>
Article 8 #
Deleted.<by Presidential Decree No. 15520, Nov. 29, 1997>
Article 9 #
Deleted.<by Presidential Decree No. 15520, Nov. 29, 1997>
Article 10 #
Deleted.<by Presidential Decree No. 15520, Nov. 29, 1997>
Article 11 #
Deleted.<by Presidential Decree No. 15520, Nov. 29, 1997>
Article 12 #
Deleted.<by Presidential Decree No. 15520, Nov. 29, 1997>
Article 13 #
Deleted.<by Presidential Decree No. 15520, Nov. 29, 1997>
Article 14 #
Deleted.<by Presidential Decree No. 15520, Nov. 29, 1997>
Article 15 #
Deleted.<by Presidential Decree No. 15520, Nov. 29, 1997>
Article 16(Establishment and Functions of Sericultural Development Council) #
(1) A Sericultural Development Council (hereinafter referred to as the “Council”) shall be established under the control of the Minister of Agriculture and Forestry, in order to deliberate the matters concerning the sericultural development. <Amended by Presidential Decree No. 15135, Aug. 8, 1996>
(2) The Council shall deliberate the matters falling under any of the following subparagraphs: <Amended by Presidential Decree No. 15135, Aug. 8, 1996>
1. Matters concerning the sericultural development;
2. Deleted; <by Presidential Decree No. 15520, Nov. 29, 1997>
3. Matters concerning the breed of mulberry and silkworm; and
4. Other matters for consideration as may be submitted by the Minister of Agriculture and Forestry.
Article 17(Composition of Council) #
(1) The Council shall consist of not more than 15 members, including a chairman. <Amended by Presidential Decree No. 15520, Nov. 29, 1997>
(2) Director general in charge of the sericultural affairs of the Ministry of Agriculture and Forestry shall be installed as chairman, and persons falling under any of the following subparagraphs shall be installed as members: <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 15520, Nov. 29, 1997; Presidential Decree No. 15854, Aug. 1, 1998>
1. Deleted; <by Presidential Decree No. 15520, Nov. 29, 1997>
2. A director in charge of research into silkworms in the National Institute of Agricultural Science and Technology under the Rural Development Administration;
3. Chief researcher as may be recommended by the Director of the Korea Rural Economy Institute;
4. A director in charge of the sericultural affairs under the National Agricultural Cooperative Federation;
5. Less than 5 representatives as may be commissioned by the Minister of Agriculture and Forestry; and
6. Person as may be appointed or commissioned by the Minister of Agriculture and Forestry from among men of learning and experience about the sericultural industry.
(3) A secretary and a small number of clerks shall be installed in the Council, and they shall be appointed by the Minister of Agriculture and Forestry from among public officials under his jurisdiction. <Amended by Presidential Decree No. 15135, Aug. 8, 1996>
Article 18(Operation, etc. of Council) #
(1) The chairman shall represent the Council and exercise overall control over the affairs of the Council.
(2) Deleted. <by Presidential Decree No. 15520, Nov. 29, 1997>
(3) The chairman shall convene a meeting and preside over it.
(4) A meeting of the Council shall take decisions by a majority of all the members attending and by affirmative vote of a majority of the members present.
(5) An allowance may be given to members, other than public officials, who are attending the Council within the scope of the budget.
Article 19(Delegation of Powers) #
(1) The Minister of Agriculture and Forestry shall delegate the following powers to the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the “Mayor/Do governor”) as prescribed by Article 25 of the Act: <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 15520, Nov. 29, 1997>
1. Receipt of report, or report of suspension/closure of the production business of silkworm eggs for dissemination as referred to in Article 4 of the Act;
2. Matters concerning the investigation/confirmation of silkworm eggs for dissemination as referred to in Article 6 (4) of the Act; and
3. Suspension of business with regard to a silkworm egg producer as referred to in Article 12 (1) of the Act.
(2) The Minister of Agriculture and Forestry shall delegate the following powers to the President of the National Institute of Agricultural Science and Technology under the Rural Development Administration under Article 25 of the Act: <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 15520, Nov. 29, 1997; Presidential Decree No. 15854, Aug. 1, 1998>
1. Receipt of report or report of the production business of grand parent silkworm eggs of F1 hybrid and parent silkworm eggs of F1 hybrid, as referred to in Article 4 of the Act;
2. Matters concern the investigation/confirmation of grand parent silkworm eggs of F1 hybrid and parent silkworm eggs of F1 hybrid as referred to in Article 6 (4) of the Act; and
3. Suspension of business with regard to a producer of grand parent silkworm eggs of F1 hybrid and parent silkworm egg of F1 hybrid as referred to in Article 12 (1) of the Act.
(3) Where the Mayor/Do governor or the President of the National Institute of Agricultural Science and Technology under the Rural Development Administration conducts the affairs delegated pursuant to paragraphs (1) and (2), he shall report its contents to the Minister of Agriculture and Forestry within 30 days from the conducting date. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 15854, Aug. 1, 1998>
Article 20 #
Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>
Article 21(Imposition of Fine for Negligence) #
(1) Where the Minister of Agriculture and Forestry or Mayor/Do governor (hereinafter referred to as the “imponent”) desires to impose a fine for negligence pursuant to Article 30 (2) of the Act, he shall, after investigating and confirming the offence in question, specify and notify in writing to the violator the fact of violation, the method of objection and the period of objection etc. and the obligation to pay it out. <Amended by Presidential Decree No. 15135, Aug. 8, 1996>
(2) Where imponent desires to impose a fine for negligence pursuant to paragraph (1), he shall give the other party subject to the disposition of the fine for negligence an opportunity to state his opinion orally or in writing by setting a period of not less than 10 days. In this case, if no opinion is stated, until the set period, he shall be considered to have no opinion there of.
(3) In determining the amount of the fine for negligence, the imponent shall take into account the motive and consequence of such offence.
(4) The necessary matters concerning the collection and imposition of procedures, etc. of the fine for negligence shall be determined by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Presidential Decree No. 15135, Aug. 8, 1996>