TRANSBOUNDARY MOVEMENT OF LIVING MODIFIED ORGANISMS ACT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to prevent risks posed by living modified organisms to the public health and the conservation and sustainable use of biological diversity, to improve the living conditions of people and to promote international cooperation by prescribing the matters necessary for the implementation of the Cartagena Protocol on Biosafety and the matter necessary to ensure safety on the development, production, import, export, distribution, etc. of living modified organisms.

[This Article Wholly Amended on Dec. 21, 2007]

Article 2(Definitions) #

The definitions of the terms used in this Act shall be as follows: <Amended on Dec. 11, 2012>

1. The term "living organism" means any biological entity capable of transferring or replicating genetic material (including sterile organisms, viruses, and viroids);

2. The term "living modified organism" means any living organism that possesses a novel combination of genetic material obtained through the use of each of the following modern biotechnology:

a. Techniques that artificially recombine genes or directly inject nucleic acids comprising a gene into cells or organelles;

b. Techniques that are the fusion of cells beyond the taxonomic family;

3. The term "stacked event" means a living modified plant obtained by breeding between living modified plants subjected to risk review pursuant to Article 7-2;

4. The term "release into the environment" means the intentional exposure of living modified organisms to the natural environment without contained measures taken within a facility, installation, or physical structure;

5. The term "relevant central administrative agency" means any central administrative agency having jurisdiction over any of the following affairs as prescribed by Presidential Decree:

a. Affairs related to the development, production, import (including cases of import by means of hand baggage or postal parcels), export, sale, transportation, storage, use, etc. (hereinafter referred to as "export, import, etc.") of living modified organisms;

TRANSBOUNDARY MOVEMENT OF LIVING MODIFIED ORGANISMS ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Relationship with other Acts) #

Article 5(Duties and responsibilities of the State) #

Article 6(Competent national authority) #

Article 7(Establishment and implementation of plans for safety management of living modified organisms) #

Article 7-2(Risk review of new living modified organisms) #

Article 8(Approval for import) #

Article 9(Import of living modified organisms for research and development) #

Article 10(Import inspection) #

Article 11(Designation of ports of import) #

Article 12(Approval for production) #

Article 13 #

Article 14(Prohibition of import or production) #

Article 15 #

Article 16(Legal fiction as approval for import unde the Foreign Trade Act) #

Article 17(Revocation of approval) #

Article 18(Re-examination) #

Article 19 #

Article 20(Notification of Export) #

Article 21(Filing report of transit) #

Article 22(Establishment and operation of research facilities) #

Article 22-2(Research on and development of living modified organisms) #

Article 22-3(Establishment and operation of production facilities using living modified organisms) #

Article 22-4(Use of living modified organisms) #

Article 23(Revocation of permission) #

Article 23-2(Order for destruction and return) #

Article 24(Identification) #

Article 25(Handling and management) #

Article 26(Preservation of records of management and operation) #

Article 26-2(Investigations into environmental impact caused by living modified organisms) #

Article 27(Measures for risk prevention) #

Article 28(Protection of information) #

Article 29(Restriction on use and supply of information) #

Article 30(Obligation of executive officers and employees of information handling organization) #

Article 31(Biosafety Committee) #

Article 32(Biosafety Clearing House) #

Article 33(Subsidization of funds) #

Article 34(Securing funds) #

Article 35(Service charges) #

Article 36(Reporting and inspections) #

Article 37(Hearings) #

Article 37-2(Delegation and entrustment of authority) #

Article 38(Legal fiction as public officials in application of penalty provisions) #

Article 39(Penalty provisions) #

Article 40(Penalty provisions) #

Article 41(Penalty provisions) #

Article 42(Penalty provisions) #

Article 43(Joint penalty provisions) #

Article 44(Administrative fines) #