법갈피

영문법령 / Enforcement Rule of the Animal Protection Act

Enforcement Rule of the Animal Protection Act

농림축산식품부령일부개정시행 2019-03-21농림축산식품부,농림축산식품부,농림축산식품부,농림축산식품부,농림축산식품부,농림축산식품부,농림축산식품부,농림축산식품부 · 제00361호 · 공포 2019-03-21

Article 1(Purpose) #

The purpose of this Rule is to provide for the matters delegated by the Animal Protection Act and the Enforcement Decree of said Act and the matters necessary for the enforcement thereof.

Article 1-2(Scope of Dangerous Dogs) #

The dangerous dogs under subparagraph 3-2 of Article 2 of the Animal Protection Act (hereinafter referred to as “the Act”) shall be as follows:

1. Japanese Mastiff (Tosa) and crossbreeds thereof;

2. American Pit Bull Terrier and crossbreeds thereof;

3. American Staffordshire Terrier and crossbreeds thereof;

4. Staffordshire Bull Terrier and crossbreeds thereof;

5. Rottweiler and crossbreeds thereof.

[This Article Newly Inserted on September 21, 2018]

Article 2(Qualifications for the Animal Welfare Committee Member) #

"Other persons who meet the qualification standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 5 (3) 3 of the Act means any of the following persons: <Amended on March 23, 2013; March 22, 2018; and September 21, 2018>

1. A member of the Institutional Animal Care and Use Committee (hereinafter referred to as "IACUC") under Article 25 (1) of the Act;

2. A person with extensive knowledge and experience in animal protection and welfare who has filed for business registration pursuant to Article 33 (1) of the Act or has obtained business permission pursuant to Article 34 (1) of the Act (hereinafter referred to as “business operator”);

3. An honorary animal guardian under Article 41 of the Act who was recommended by the Minister of Agriculture, Food and Rural Affairs (including the head of an agency affiliated therewith) or the head of a local government who had appointed said guardian;

4. A representative of the livestock industry group under subparagraph 3 of Article 2 of the Creation and Management of Self-Help Livestock Funds Act who has extensive knowledge and experience in animal protection and welfare;

5. An attorney-at-law or a current or former assistant professor or higher professor of law in the college under Article 2 of the Higher Education Act;

6. A current or former assistant professor or higher professor of animal protection and welfare in the college under Article 2 of the Higher Education Act;

7. A person recognized as having extensive knowledge and experience in animal protection and welfare by the Minister of Agriculture, Food and Rural Affairs.

Article 3(Appropriate Methods, etc. of Raising and Managing Animals) #

The matters concerning methods of appropriately raising and managing animals under Article 7 (4) of the Act shall be as set forth in Table 1 attached hereto.

Article 4(Prohibition of Cruelty to Animals) #

(1) "Killing an animal without any justifiable ground specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 8 (1) 4 of the Act means any of the following: <Amended on March 23, 2013; January 21, 2016; and March 22, 2018>

1. Killing an animal to prevent a direct threat to human life or body or damage to property despite the existence of other means;

2. Using an animal to feed another animal without justifiable reasons such as the feeding animal’s dietary needs or ecological environment needs.

(2) "Cases prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in the provisos to Article 8 (2) 1 and 2 of the Act means any of the following: <Amended on March 23, 2013>

1. Prevention or treatment of disease;

2. Animal experimentation conducted pursuant to Article 23 of the Act;

3. Act to protect an animal in case of emergency.

(3) "Cases specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs such as folk games" referred to in the proviso to Article 8 (2) 3 of the Act means the bullfighting provided for in the Traditional Bullfighting Match Act, which shall be determined and publicly announced by the Minister of Agriculture, Food and Rural Affairs. <Amended on March 23, 2013>

(4) “Animals raised for the purpose of companionship specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as dogs and cats” referred to in Article 8 (2) 3-2 of the Act means dogs, cats, rabbits, parrots, guinea pigs, and hamsters. <Newly Inserted on September 21, 2018>

(5) The duties involved in raising and managing animals raised for the purpose of companionship referred to in Article 8 (2) 3-2 of the Act shall be as set forth in Table 1-2 attached hereto. <Newly Inserted on September 21, 2018>

(6) "Inflicting physical pain or injury upon an animal for any other purpose without any justifiable ground specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 8 (2) 4 of the Act means any of the following: <Amended on March 23, 2013; March 22, 2018; and September 21, 2018>

1. Any act that inflicts bodily pain or injury upon an animal to prevent a direct threat to human life or body or damage to property despite the existence of other means;

2. Any act that inflicts bodily pain or injury upon an animal by keeping an animal in severe heat or cold without justifiable reasons such as the animal’s natural habits or required rearing environment;

3. Any act that inflicts bodily pain or injury upon an animal by forcing an animal to eat food or drink water for a purpose other than relieving thirst or hunger or preventing or treating disease;

4. Any act that inflicts bodily pain or injury upon an animal by such cruel means as causing it to fight against another animal or using pain-causing tools on an animal that are not necessary for rearing or training the animal.

(7) “Cases prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as publicity activities demonstrating the purpose of raising animal protection awareness, etc.” referred to in the proviso to Article 8 (5) 1 of the Act means any of the following: <Newly Inserted on February 14, 2014; March 22, 2018; and September 21, 2018>

1. Where a national agency, a local government, or a non-governmental organization under Article 5 of the Enforcement Decree of the Animal Protection Act (hereinafter referred to as “the Decree”) sells, displays, delivers, shows, or posts on the Internet any photographs or video footages featuring any act under Article 8 (1) to (3) for the purpose of raising awareness of animal protection (hereinafter referred to as “photographs or videos”) with the name of the agency or organization and the purpose indicated;

2. Where a media outlet partially edits the photographs or videos to display, deliver, show, or post on the Internet for the purpose of media coverage;

3. Where a person delivers the photographs or videos to any agency or organization under subparagraphs 1 and 2 for the purpose of reporting or providing information.

(8) “Cases prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs such as lending of guide dogs for people with disabilities prescribed in Article 40 of the Act on Welfare of Persons with Disabilities” referred to in the proviso to Article 8 (5) 3 of the Act means any of the following: <Newly Inserted on March 22, 2018 and September 21, 2018>

1. Lending of guide dogs for persons with disabilities under Article 40 of the Act on Welfare of Persons with Disabilities”;

2. Lending of an animal for film shooting, hands-on experience, or training. In such case, the personnel who can manage such animal shall offer the appropriate rearing and management under Article 3 during the lending period.

Article 5(Animal Transporter) #

"A person transporting animals, who is specified by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs" referred to in Article 9 (1) of the Act, with exclusion of subparagraphs thereof, means a person who transports animals for profit by use of a vehicle under subparagraph 1 of Article 2 of the Automobile Management Act. <Amended on March 23, 2013; April 8, 2014; and March 22, 2018>

Article 6(Slaughtering of Animals) #

(1) "A method specified by Ordinance of the Ministry of Agriculture, Food, and Rural Affairs" referred to in Article 10 (2) of the Act means any of the following methods: <Amended on March 23, 2013 and January 21, 2016>

1. Gas stunning or medication;

2. Electrical stunning, percussive stunning, shooting, or pithing.

(2) In the case of slaughtering animals pursuant to the Livestock Products Sanitary Control Act, the Minister of Agriculture, Food and Rural Affairs may determine and publicly announce a method of minimizing the pain of animals from among the methods under subparagraphs of paragraph (1). <Amended on March 23, 2013 and March 22, 2018>

Article 7(Standards for Regions Excluded from Animal Registration) #

The regions where animals need not be registered by ordinance of each City/Do in accordance with the proviso to Article 12 (1) of the Act shall be as follows: <Amended on December 31, 2013>

1. Islands [except for Jeju Special Self-Governing Province and islands connected to the mainland by seawalls, bridges, etc.];

2. Eup and Myeon where there is no person who can perform animal registration as agent pursuant to Article 10 (1).

Article 8(Animal Registration Details and Methods) #

(1) A person who intends to register an animal pursuant to the main clause of Article 12 (1) of the Act shall submit the animal registration application (change report) in Form 1 attached hereto to the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) and the Special Self-governing City Mayor (hereinafter referred to as "the head of a Si/Gun/Gu) within 30 days from the date when he/she obtained the ownership of the animal concerned or within 30 days from the date when the owned animal becomes subject to registration. In such case, the head of a Si/Gun/Gu shall verify the abridged copy of residence registration card, the certificate of alien registration, or the certificate of corporate registration through the administrative information sharing system under Article 36 (1) of the Electronic Government Act or have relevant documents (except for the certificate of corporate registration) attached if the applicant refuses to consent to such verification. <Amended on December 31, 2013; January 25, 2017; July 3, 2017; and March 21, 2019>

(2) The head of a Si/Gun/Gu, upon receipt of the animal registration application under paragraph (1), shall attach to the animal subject to registration a radio-frequency identification (hereinafter referred to as "RFID") or an identification tag in accordance with the animal registration numbering system set forth in Table 2 attached hereto; shall issue the animal registration certificate in Form 2 attached hereto (including electronic means); and shall record, retain, and manage the registration details in the Animal Protection Management System (hereinafter referred to as "APMS") under Article 7 (1) of the Decree. <Amended on February 14, 2014>

(3) A person who intends to apply for re-issuance of an animal registration certificate due to loss or excessive wear shall submit the application for re-issuance of the animal registration certificate in Form 3 attached hereto to the head of a Si/Gun/Gu. In such case, the head of a Si/Gun/Gu shall verify the abridged copy of residence registration card, the certificate of alien registration, or the certificate of corporate registration through the administrative information sharing system under Article 36 (1) of the Electronic Government Act or have relevant documents (except for the certificate of corporate registration) attached if the applicant refuses to consent to such verification. <Amended on July 3, 2017 and March 21, 2019>

(4) Even if an animal subject to registration is younger than the age referred to in Article 3 of the Decree, with the exclusion of subparagraphs thereof, the owner of the animal may register the animal. <Newly Inserted on March 21, 2019>

[Enforcement Date: July 1, 2012] The portion concerning the mayor of a special self-governing city in the amended provisions of Article 8 (1)

Article 9(Report of Changes, etc. to Registration Details) #

(1) "When any matter prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs regarding animals subject to registration has been changed" referred to in Article 12 (2) 2 of the Act means any of the following: <Amended on March 23, 2013; March 22, 2018; and March 21, 2019>

1. Where the owner or the name of the owner (referring to the name of a corporation in the case of a corporation; hereinafter the same shall apply) has been changed;

2. Where the address of the owner (referring to the address of a principal place of business in the case of a corporation; hereinafter the same shall apply) has been changed;

3. Where the telephone number of the owner (referring to the telephone number of a principal place of business in the case of a corporation; hereinafter the same shall apply) has been changed;

4. Where an animal subject to registration has died;

5. Where an animal reported lost has been found;

6. Where the RFID or the registration identification tag has been lost or worn out;

(2) The new owner in the case of paragraph (1) 1 and the owner of the animal subject to registration in the cases of Article 12 (2) 1 of the Act and paragraph (1) 2 through 6 of this Article shall, respectively, file a report of any changes with the head of a Si/Gun/Gu by submitting the animal registration (change report) application in Form 1 attached hereto, together with the following documents, within 30 days from the date when the change concerned occurs (or ten days in the case of loss of the animal subject to registration). In such case, the head of a Si/Gun/Gu shall verify the abridged copy of residence registration card, the certificate of alien registration, or the certificate of corporate registration (applicable only to paragraph 1 (1) and (2)) through the administrative information sharing system under Article 36 (1) of the Electronic Government Act or have relevant documents (except for the certificate of corporate registration) attached if the applicant refuses to consent to such verification. <Amended on July 3, 2017; March 22, 2018; and March 21, 2019>

1. Animal registration certificate;

2. Deleted; <January 25, 2017>

3. In the case of death of an animal subject to registration, any materials to prove the fact and an explanatory note.

(3) The head of a Si/Gun/Gu, upon receipt of the report of changes under paragraph (2), shall issue the animal registration certificate in Form 2 attached hereto to a person who has reported such change and record, maintain, and manage the registration details.

(4) In the case of paragraph (1) 2, if a move-in report was filed pursuant to Article 16 (1) of the Resident Registration Act, the head of a Si/Gun/Gu shall deem that a change report was also filed so that he/she shall correct the address concerned in the APMS and record, maintain, and manage the registration details.

(5) In the cases of Article 12 (2) 1 of the Act and paragraph (1) 2 through 5 of this Article, the owner may report the change in the APMS. <Amended on July 3, 2017 and March 22, 2018>

(6) The head of a Si/Gun/Gu, upon receipt of the report of loss of a registered animal pursuant to paragraph (2), shall record such change in the registration details, retain such record for one year from the filing date, and cancel the registration details if any report of change under paragraph (1) 5 is not filed within one year. <Amended on March 21, 2019>

(7) The head of a Si/Gun/Gu, upon receipt of the report of death of a registered animal pursuant to paragraph (2), shall record and retain such change in the registration details and cancel the registration after one year therefrom. <Amended on March 21, 2019>

(8) The provision of Article 8 (1) and (2) shall apply mutatis mutandis to the report of changes by reason of paragraph (1) 6.

(9) In the case of the regions excluded from animal registration pursuant to Article 7, if the owner of an animal that has already been registered reports the changes under Article 12 (2) 1 of the Act and paragraph (1) 1 through 5 of this Article, the head of a Si/Gun/Gu in such region shall maintain and manage such registration information on such animal. <Amended on March 22, 2018>

Article 10(Vicarious Registration) #

(1) A person authorized to conduct animal registration business as agent subject to Article 12 (4) of the Act shall be any of the following persons, who is designated by the head of a Si/Gun/Gu: <Amended on March 21, 2019>

1. A person who has opened a veterinary clinic under Article 17 of the Veterinarians Act;

2. A private non-profit, non-governmental organization dedicated to protecting animals, which is registered subject to Article 4 of the Assistance for Non-Profit, Non-Governmental Organizations Act;

3. A corporation dedicated to protecting animals, which is established subject to Article 32 of the Civil Act;

4. An animal seller registered subject to Article 33 (1) of the Act;

5. An animal care center under Article 15 of the Act (hereinafter referred to as "animal care center").

(2) If surgical procedures such as implantation of the RFID need to be performed on an animal subject to registration, a person authorized to perform animal registration business as agent subject to paragraph (1) (hereafter referred to as "animal registration agent“ in this Article) shall cause a veterinarian affiliated with said agent (including the case where the designated person is a veterinarian) to do so. <Amended on December 31, 2013>

(3) If deemed necessary, the head of a Si/Gun/Gu may cause animal registration agents within a district under his/her jurisdiction to enter the product names and selling prices of the RFIDs, which they sell, in the APMS and post them in a conspicuous place in their place of business. <Newly Inserted on December 31, 2013>

Article 11(Attachment of Identification Tag) #

Subject to Article 13 (1) of the Act, if the owner or keeper of an animal subject to registration allows the animal to be relocated from the place where the animal has been raised, he/she shall attach an identification tag to the animal that lists the following:

1. Name of the owner;

2. Telephone number of the owner;

3. Animal registration number (applicable only to registered animals).

Article 12(Safety Measure) #

(1) Subject to Article 13 (2) of the Act, when an owner or keeper of an animal subject to registration goes out with the animal, he/she shall attach a leash to the collar of the animal, put a harness on the animal, or use a transport equipment; provided that the owner or keeper need not take such safety measure if the animal subject to registration is under the age of three months and the owner or keeper carries it in his/her arms.

(2) The leash and collar or the harness referred to in paragraph (1) shall allow effective control of the animal and be of a length that prevents the animal from inflicting any injury to other people.

[Wholly Amended on March 21, 2019]

[Enforcement Date: March 21, 2020] Proviso to Article 12 (1)

Article 12-2(Management of Dangerous Dog) #

(1) Subject to Article 13-2 (1) 2 of the Act, an owner or keeper of a dangerous dog of at least three months of age shall adhere to the following when he/she goes out with said dangerous dog:

1. Put only a leash and collar on the dangerous dog, notwithstanding Article 12 (1);

2. Put on a dog muzzle of a size that can effectively prevent the dog from attacking any human being and allow the dog to easily breathe, control body temperature, or drink water.

(2) Notwithstanding paragraph (1) 1 and 2, an owner or keeper of a dangerous dog need not use a leash and collar or a muzzle when transporting said dog by transport equipment that meets the following criteria:

1. The equipment has a safety latch to prevent the dog from escaping from the transport equipment;

2. The entrance, safety latch, and outer wall of the transport equipment are made of sturdy materials not easily damaged.

[This Article Newly Inserted on March 21, 2019]

Article 12-3(Standards for Incarceration, etc. of Dangerous Dog) #

Subject to Article 13-2 (2) of the Act, if a dangerous dog causes any person bodily harm, such dog may be incarcerated without consent of the owner or keeper thereof in accordance with the standards laid down in Table 3 attached hereto.

[This Article Newly Inserted on March 21, 2019]

Article 12-4(Education for Owner of Dangerous Dog) #

(1) Education on dangerous dogs for their owners under Article 13-2 (3) of the Act shall be categorized as follows:

1. Induction education for those who acquire the ownership of a dangerous dog for the first time: Three hours within six months from acquisition of such dangerous dog;

2. Refresher education for other dangerous dog owners: Three hours every year

(2) The education under each subparagraph of paragraph (1) shall be carried out by any of the following institutions that are designated by the Minister of Agriculture, Food and Rural Affairs (hereinafter referred to as “educational institution”), and distance education may replace such education:

1. Korean Veterinary Medical Association under Article 23 of the Veterinarians Act;

2. Corporations or organizations under subparagraphs of Article 5 of the Decree;

3. Training establishments affiliated with the Ministry of Agriculture, Food and Rural Affairs.

(3) The education under each subparagraph of paragraph (1) shall address the following:

1. Characteristics, rearing method, and disease prevention for each type of dangerous dogs;

2. Safety measures concerning dangerous dogs;

3. Animal protection and welfare;

4. This Act and other animal protection policies;

5. Other matters that the educational institution deems essential.

(4) The educational institution, upon completion of the education under each subparagraph of paragraph (1), shall notify the head of a Si/Gun/Gu of the result of such education within 30 days from the completion thereof.

(5) The head of a Si/Gun/Gu, upon receipt of the notification under paragraph (4), shall keep records of such education and retain such record for two years from the completion thereof.

[This Article Newly Inserted on March 21, 2019]

Article 13(Animals Excluded from Rescue and Protective Measures) #

(1) "Animals specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in the proviso to Article 14 (1) of the Act, with exclusion of each subparagraph thereof, means feral cats in suburban or residential areas, which are subject to such measures as release on the premises where they were captured after neutralization to control their population, or which have undergone said measures. <Amended on March 23, 2013; March 22, 2018>

(2) The detailed methods of the treatment under paragraph (1) may be determined and publicly announced by the Minister of Agriculture, Food and Rural Affairs. <Amended on March 23, 2013>

Article 14(Period for Protective Measures) #

Subject to Article 14 (2) of the Act, in the event of taking custody of any animal abused by its owner, the Special Metropolitan City Mayor, Metro City Mayor, Do Governor, Special Self-governing Province Governor, or Special Self-governing City Mayor (hereinafter referred to as "Mayor/Do Governor") and the head of a Si/Gun/Gu shall specify the period of such custody in accordance with the diagnosis of a veterinarian and segregate the animal from the owner for at least three days. <Amended on March 22, 2018>

Article 15(Designation, etc. of Animal Care Center) #

(1) "Standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 15 (1) and (3) of the Act means the standards for facilities of animal care centers laid down in Table 4 attached hereto. <Amended on March 23, 2013>

(2) Subject to Article 15 (4) of the Act, a person who intends to be designated as an animal care center shall submit the animal care center designation application in Form 4 attached hereto, together with the following documents, within the period notified by the Mayor/Do Governor or the head of a Si/Gun/Gu: <Amended on March 22, 2018>

1. Materials that prove the satisfaction of the standards laid down in Table 4 attached hereto;

2. Specifications of the building and facility necessary for animal rescue and protective measures;

3. Current manpower engaged in animal rescue and protective measures;

4. Track record in animal rescue and protective measures, if any;

5. Business plan.

(3) The Mayor/Do Governor or the head of a Si/Gun/Gu, upon receipt of the animal care center designation application under paragraph (2), shall designate a corporation, organization, or agency that meets the most the standards laid down in Table 4 attached hereto as an animal care center and issue the designation letter for animal care center in Form 5 attached hereto. <Amended on March 22, 2018>

(4) The Mayor/Do Governor or the head of a Si/Gun/Gu who has designated animal care centers shall inspect them at least twice a year to determine whether they meet the standards under paragraph (1) and the matters to be observed under Article 19. <Amended on March 22, 2018>

(5) The Mayor/Do Governor or the head of a Si/Gun/Gu who has designated animal care centers shall notify the Commissioner of the Animal and Plant Quarantine Agency (hereinafter referred to as “the Commissioner of the Quarantine Agency”) of the findings of such inspection under paragraph (4) at least once a year. <Newly Inserted on March 21, 2019>

Article 16(Support, etc. for Animal Care Expenses) #

(1) An animal care center which intends to receive financial support for the care expenses under Article 15 (6) of the Act shall charge said expenses to the Mayor/Do Governor or the head of a Si/Gun/Gu. <Amended on March 22, 2018>

(2) The Mayor/Do Governor or the head of a Si/Gun/Gu who has been charged for the expenses under paragraph (1) may determine the amount and make the payment after confirming the specifications of the expenses. <Amended on March 22, 2018>

Article 17(Establishment, Function, etc. of the Steering Committee of Animal Care Center) #

(1) "Greater than the size specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 15 (9) of the Act means that an animal care center that handles at least one thousand abandoned animals annually. <Amended on March 23, 2013 and March 22, 2018>

(2) The steering committee established in an animal care center subject to Article 15 (9) of the Act (hereinafter referred to as “the steering committee”) shall deliberate on the following: <Amended on March 22, 2018>

1. Business plan and implementation thereof for the animal care center;

2. Budget and settlement of the animal care center;

3. Other matters concerning compliance with this Act, etc.

Article 18(Composition, Operation, etc. of the Steering Committee) #

(1) The steering committee shall be composed of not less than three members and not more than ten members including one chairperson.

(2) The chairperson shall be elected from among and by the members, and the members shall be appointed by the animal care center operator from among any of the following persons: <Amended on March 22, 2018>

1. A veterinarian under subparagraph 1 of Article 2 of the Veterinarians Act;

2. A person with extensive knowledge and experience in animal protection, who is recommended by a non-governmental organization under Article 4 (4) of the Act;

3. An honorary animal guardian under Article 41 of the Act, who is commissioned by the head of a local government who designated the animal care center;

4. Other persons with extensive knowledge and experience in animal protection.

(3) The steering committee shall include at least one person falling under each of the following subparagraphs: <Amended on March 21, 2019>

1. A person falling under paragraph (2) 1;

2. A person falling under paragraph (2) 2 who has no interest in the animal care center;

3. A person falling under paragraph (2) 3 or 4 who has no interest in the animal care center.

(4) The term of a member shall be two years, and he/she may be reappointed.

(5) The animal care center shall convoke the steering committee meeting at least once a year and shall draw up minutes of the meeting and retain them for at least three years.

(6) Any matters necessary for the composition, operation, etc. of the steering committee, other than those set forth in paragraphs (1) through (5), shall be determined by the chairperson by a resolution of the steering committee.

Article 19(Matters to be Observed by Animal Care Center) #

The matters to be observed by animal care centers under Article 15 (10) of the Act shall be as set forth in Table 5 attached hereto. <Amended on March 22, 2018>

Article 20(Public Announcement) #

(1) In making the public announcement of protective measures for animals pursuant to the proviso to Article 7 (1) of the Decree, the Mayor/Do Governor and the head of a Si/Gun/Gu shall draw up the public notice on animals in custody in Form 6 attached hereto and post it on the bulletin board and the Internet homepage of the local government concerned. <Amended on March 22, 2018>

(2) Subject to Article 7 (2) of the Decree, the Mayor/Do Governor and the head of a Si/Gun/Gu shall compile and manage the individual management cards of animals in custody in Form 7 attached hereto and the management ledger of animals in custody in Form 8 attached hereto in the APMS. <Amended on March 22, 2018>

Article 21(Payment of Care Expenses) #

(1) If the Mayor/Do Governor and the head of a Si/Gun/Gu intends to collect the animal care expenses subject to Article 19 (2) of the Act, he/she shall give the owner of the animal concerned the bill for care expenses in Form 9 attached hereto. <Amended on March 22, 2018>

(2) The owner of the animal, upon receipt of the bill for care expenses under paragraph (1), shall pay the bill within seven days from the receipt thereof; provided that where it is impossible to pay the bill due to any force majeure event or other unavoidable cause, such payment shall be made within seven days from the date when said event or cause ceases to exist.

(3) If the owner of the animal fails to pay the bill for care expenses by the payment due date under paragraph (2), the notified amount shall incur interest from the day following the due date to the actual payment date at the statutory interest rate under Article 3 (1) of the Act on Special Cases Concerning Expedition etc. of Legal Proceedings.

(4) The care expenses under Article 19 (1) and (2) of the Act shall be determined by ordinance of each City/Do in consideration of the expenses incurred in diagnosis and medical treatment by a veterinarian and care by an animal care center.

Article 22(Humane Disposition of Animals) #

"An event specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 22 (1) of the Act means any of the following: <Amended on March 23, 2013 and March 22, 2018>

1. Where a veterinarian has diagnosed an animal as unable to recover from disease or injury or in chronic pain;

2. Where a veterinarian has diagnosed an animal as highly likely to transmit any disease or inflict injury on humans or other animals in custody;

3. Where the Mayor/Do Governor and the head of a Si/Gun/Gu deems that unavoidable circumstances exist such as a case where it is difficult to donate or transfer the ownership of the animal under Article 21 of the Act.

Article 23(Exception to Prohibition Against Animal Testing) #

(1) "A compelling reason specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in the proviso to subparagraph of Article 24 of the Act, with exclusion of each subparagraph thereof, means any of the following cases: <Amended on March 23, 2013>

1. Where diagnosis, treatment, or research of diseases such as zoonosis is conducted;

2. Where experimentation is conducted for prevention of epidemics;

3. Where experimentation is conducted for scientific research on ecology or habits of the animal concerned or the species thereof.

(2) If an animal testing institution intends to conduct animal testing for any reason under paragraph (1), it shall undergo deliberation of its Institutional Animal Care and Use Committee (hereinafter referred to as "IACUC"), and if such deliberation finds the animal testing reasonable, such testing shall be deemed to have been approved pursuant to the proviso to Article 24 of the Act with exclusion of each subparagraph thereof.

Article 24(Joint Establishment, etc. of the IACUC) #

(1) An animal testing institution falling under any of the following may establish its IACUC jointly with another animal testing institution pursuant to Article 25 (2) of the Act: <Amended on January 25, 2017>

1. An institution having no more than five research personnel;

2. An institution deemed inappropriate to have its own IACUC in light of the number of deliberations of animal testing plans, its research records, etc.

(2) Where an IACUC is jointly established subject to Article 25 (2) of the Act, the participating animal testing institutions shall enter into a business agreement on the joint establishment and operation of the IACUC.

Article 25(Operational Performance) #

The head of an animal testing institution shall use the notification on operation of the Institutional Animal Care and Use Committee in Form 10 attached hereto (including the electronic notification) when notifying the Commissioner of the Quarantine Agency of the operation of the IACUC and actual conditions of animal testing pursuant to Article 12 (6) of the Decree. <Amended on March 23, 2013 and March 21, 2019>

Article 26(Qualifications for the IACUC Member) #

(1) "Veterinarians who meet the qualification standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 27 (2) 1 of the Act means any of the following persons: <Amended on March 23, 2013>

1. A veterinarian specialized in laboratory animals who is recognized by the Korean Veterinary Medical Association under Article 23 of the Veterinarians Act;

2. A veterinarian who has been engaged in the business relating to animal testing or laboratory animals for at least one year at any animal testing institution under Article 4 of the Decree;

3. A veterinarian who has completed the education under paragraph (2) 2 or 4.

(2) "Persons who meet the qualification standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 27 (2) 2 of the Act means any of the following persons: <Amended on March 23, 2013>

1. A person who has been engaged in the business of animal protection and welfare for at least one year at any corporation or organization under subparagraphs of Article 5 of the Decree;

2. A person who has completed the education in animal protection and welfare or animal testing administered by any corporation or organization under subparagraphs of Article 5 of the Decree or by any school under Article 2 of the Higher Education Act;

3. A person who has worked for at least one year as a member of the National Bioethics Committee under Article 6 of the Bioethics and Safety Act or as a member of the Institutional Bioethics Committee under Article 9 of the same Act;

4. A person who has completed the education in animal protection and welfare or animal testing offered by the Commissioner of the Quarantine Agency.

(3) "Other persons specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 27 (2) 3 of the Act means any of the following persons: <Amended on March 23, 2013>

1. A person who acquired a doctorate in the field of animal testing and has experience in the business of animal testing or laboratory animals;

2. A professor of philosophy, law, or animal protection and welfare at any school under Article 2 of the Higher Education Act;

3. Any other person whom the head of an animal testing institution concerned deems essential for ethical treatment and scientific use of laboratory animals and who has completed the education under paragraph (2) 2 or 4.

(4) The matters necessary for the management of the curriculum of the education in animal protection and welfare or animal testing under paragraph (2) 2 and 4 may be determined and publicly announced by the Commissioner of the Quarantine Agency. <Amended on March 23, 2013>

Article 27(Composition of the IACUC) #

(1) When the head of an animal testing institution intends to establish its IACUC, he/she shall request a non-governmental organization under Article 4 (4) of the Act to recommend any member falling under Article 27 (2) 2 of the Act. <Amended on March 22, 2018>

(2) A private organization that received the request under paragraph (1) may recommend at least one person deemed qualified as a member of the IACUC to the animal testing institution concerned. <Amended on January 25, 2017>

(3) The head of an animal testing institution shall select a qualified person from among those recommended pursuant to paragraph (2) as a member of the IACUC, together with the members falling under Article 27 (2) 1 and 3 of the Act, establish the IACUC in compliance with Article 27 (4) of the Act, and notify the Commissioner of the Quarantine Agency thereof. <Amended on March 23, 2013>

(4) If any change occurs to the composition of the IACUC whose establishment has already been notified pursuant to paragraph (3), the head of the animal testing institution concerned shall notify the Commissioner of the Quarantine Agency of such change within 30 days from the date of such change. <Amended on March 23, 2013>

Article 28(Scope of Interest of the IACUC Members) #

“A person who has no interest in the relevant animal testing institution” referred to in Article 27 (4) of the Act means a person who does not fall under any of the following:

1. A person who has worked at the animal testing institution concerned within the last three years, and his/her spouse;

2. Any lineal blood relative of any executive/employee or his/her spouse of the animal testing institution concerned, or any spouse and sibling of such lineal blood relative;

3. Any executive/employee of a person or a corporation that holds at least three percent of total shares of the animal testing institution concerned;

4. Any executive/employee of a person or a corporation that has business relationships with the animal testing institution concerned such as supply of laboratory animals, equipment, or materials;

5. Any executive/employee who belongs to an affiliate of the animal testing institution concerned or to a corporation that the animal testing institution concerned belongs to.

Article 29(Scope of Animals Subject to Animal Welfare Livestock Farm Certification) #

"Animals specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 29 (1) of the Act means cattle, pigs, chickens, ducks, and other animals determined and publicly announced by the Commissioner of the Quarantine Agency. <Amended on March 23, 2013>

Article 30(Standards for Animal Welfare Livestock Farm Certification) #

The standards for certification of animal welfare livestock farm under Article 29 (1) of the Act (hereinafter referred to as "animal welfare livestock farm") shall be as laid down in Table 6 attached hereto. <Amended on July 3, 2017>

Article 31(Application for Certification) #

A person who intends to obtain the animal welfare livestock farm certification pursuant to Article 29 (2) of the Act shall submit the application for animal welfare livestock farm certification in Form 11 attached hereto, together with the following documents, to the Commissioner of the Quarantine Agency: <Amended on March 23, 2013 and April 8, 2014>

1. A copy of the livestock business permission certificate or the livestock-raising business registration certificate under the Livestock Industry Act;

2. A copy of the operation report of the livestock farm by animal species in the form as determined and publicly announced by the Commissioner of the Quarantine Agency.

Article 32(Procedures and Methods of Animal Welfare Livestock Farm Certification) #

(1) The Commissioner of the Quarantine Agency, upon receipt of the certification application under Article 31, shall conduct certification inspection within three months from the date of application, issue the animal welfare livestock farm certificate in Form 12 attached hereto to the applicant who meets the certification standards laid down in Table 6 attached hereto, and maintain and manage the animal welfare livestock farm certification ledger in Form 13 attached hereto. <Amended on March 23, 2013>

(2) The certification ledger under paragraph (1) shall be prepared and managed electronically unless there is any compelling reason otherwise.

(3) The specific procedures and methods of the certification inspection under paragraph (1) shall be as set forth in Table 7 attached hereto.

(4) The other matters necessary for the certification procedures and methods shall be determined and publicly announced by the Commissioner of the Quarantine Agency. <Amended on March 23, 2013>

Article 33(Animal Welfare Livestock Farm Labeling) #

(1) The animal welfare livestock farm label may be used by any animal welfare livestock farm or attached on the packaging, container, etc. of the livestock products thereof under subparagraph 2 of Article 2 of the Livestock Products Sanitary Control Act; provided that the animal welfare livestock farm label may be attached on meat, packaged meat, and processed meat products only if the following requirements are met: in the production process thereof: <Amended on July 3, 2017>

1. An animal transport vehicle that meets the standards for the structure and equipment under Article 9 (2) of the Act shall be used in transporting animals to a slaughterhouse for slaughter;

2. Animals shall be slaughtered by the method publicly announced by the Minister of Agriculture, Food and Rural Affairs subject to Article 10 (2) of the Act and Article 6 (2) of this Rule.

(2) The methods of animal welfare livestock farm labeling under paragraph (1) shall be as set forth in Table 8 attached hereto.

Article 34(Report of Succession to Animal Welfare Livestock Farm Certification) #

(1) A person who has succeeded to the status of a person who holds certification of an animal welfare livestock farm pursuant to Article 31 (1) of the Act shall submit the report of succession to animal welfare livestock farm certification in Form 14 attached hereto, together with the following documents, to the Commissioner of the Quarantine Agency within 30 days from the date of transfer of such status: <Amended on March 23, 2013 and April 8, 2014>

1. A copy of the livestock business permission certificate or the livestock-raising business registration certificate indicating the succession details under Article 29 of the Enforcement Rule of the Livestock Industry Act;

2. A copy of the animal welfare livestock farm certificate of the farm concerned;

3. A copy of the operation report of the livestock farm by animal species in the form as determined and publicly announced by the Commissioner of the Quarantine Agency.

(2) The Commissioner of the Quarantine Agency, upon receipt of the report of succession to animal welfare livestock farm certification under paragraph (1), shall issue the animal welfare livestock farm certificate in Form 12 attached hereto. <Amended on March 23, 2013>

Article 35(Business Scope and Facility Standards) #

(1) "Animals, such as dogs, cats, and rabbits, which are specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 32 (1) of the Act means dogs, cats, rabbits, parrots, guinea pigs, and hamsters which are raised at home for companionship. <Amended on March 23, 2013>

(2) The standards for facilities and personnel of any business relating to animals under Article 32 (1) of the Act shall be as laid down in Table 9 attached hereto.

Article 36(Specific Scope of Business) #

The specific scope of business relating to animals under Article 32 (2) of the Act shall be as follows: <Amended on 2012. 12. 26; July 3, 2017; and March 22, 2018>

1. Animal funeral service business: Business of establishing and operating at least one of the following facilities;

(a) Funeral parlor exclusively used for animals;

(b) Facility where carcasses or skeletons of animals are disposed of by means of incineration (hereinafter referred to as "animal crematorium"), or by means of desiccation, sterilization, or pulverization (hereinafter referred to as "animal desiccation facility for burial");

(c) Charnel facility exclusively used for animals.

2. Animal selling business: Business of selling, brokering, or intermediating the purchased animals under Article 35 (1) (hereinafter referred to as “companion animals”);

3. Animal import business: Business of importing companion animals for sale;

4. Animal breeding business: Business of breeding companion animals for sale;

5. Animal exhibition business: Business of displaying at least five companion animals for showing to the public or allowing people to touch them, with the exclusion of the zoo under subparagraph 1 of Article 2 of the Act on the Management of Zoos and Aquariums;

6. Animal boarding business: Business of temporarily rearing, training, or taking custody of companion animals within a place of business, as commissioned by the owners thereof;

7. Animal grooming business: Business of grooming or hygienic care of hair, skin, claws, etc. of companion animals;

8. Animal transport business: Business of transporting companion animals by means of the vehicle under subparagraph 1 of Article 2 of the Automobile Management Act.

Article 37(Registration of Animal Funeral Service Business, etc.) #

(1) Subject to Article 33 (1) of the Act, a person who intends to register the animal funeral service business, animal selling business, animal import business, animal exhibition business, animal boarding business, animal grooming business, or animal transport business shall submit the business registration application in Form 15 attached hereto (including the electronic application), together with the following documents (including the electronic document), to the head of the competent Si/Gun/Gu. <Amended on December 26, 2012; January 21, 2016; and March 22, 2018>

1. Staffing report;

2. Facility details and layout plan of the place of business;

3. Business plan;

4. Document, if any, proving that the place of business has met the facility standards laid down in Table 9 attached hereto;

5. Deleted <January 21, 2016>

6. Disposal plan for matter remaining after disposal of carcasses of animals (applicable only to the establishment of an animal crematory or an animal desiccation facility for burial);

7. Animal disposition plan in the case of business discontinuation (applicable only to the animal exhibition business).

(2) The head of a Si/Gun/Gu, upon receipt of the application under paragraph (1), shall verify the following documents through the administrative information sharing system under Article 36 (1) of the Electronic Government Act. In such case, if the applicant refuses to consent to the verification of the abridged copy of residence registration card, the head of a Si/Gun/Gu shall cause the applicant to submit said document: <Amended on July 3, 2017 and March 22, 2018>

1. Abridged copy of residence registration card (corporate registration certificate for a corporation);

2. Building ledger and land use plan confirmation note.

(3) If it is impossible to verify whether the applicant under paragraph (1) falls under Article 33 (3) 1 or 4 of the Act, the head of a Si/Gun/Gu may cause the applicant to submit documents required to identify the applicant in addition to the documents under paragraph (1).

(4) If the registration application under paragraph (1) meets the standards laid down in Table 9 attached hereto, the head of a Si/Gun/Gu shall issue the registration certificate in Form 16 attached hereto to the applicant concerned, and shall draw up and manage the registration (change report) ledger for animal funeral service business in Form 17 attached hereto and registration (change report) ledger for animal selling business, animal import business, animal exhibition business, animal boarding business, animal grooming business, and animal transport business in Form 18 attached hereto. <Amended on March 22, 2018>

(5) In case a person who filed the registration under paragraph (1) intends to apply for re-issuance of the registration certificate due to loss or excessive wear, he/she shall submit the application for re-issuance of the registration certificate in Form 19 attached hereto (including the electronic application) to the head of a Si/Gun/Gu. <Amended on March 22, 2018>

(6) The registration ledger under paragraph (4) shall be prepared and managed electronically unless there is any compelling reason otherwise

Article 38(Report of Changes, etc. to Registered Business) #

(1) "Any matter specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" referred to in Article 33 (2) of the Act means any of the following: <Amended on March 23, 2013>

1. Name of the business operator (name of the representative if the business operator is a corporation);

2. Name of the place of business or company name;

3. Business facilities;

4. Location of the place of business.

(2) Subject to Article 33 (2) of the Act, a person who intends to report any change to registration details of animal funeral service business, animal selling business, animal import business, animal exhibition business, animal boarding business, animal grooming business, or animal transport business shall submit to the head of a Si/Gun/Gu the change report in Form 20 attached hereto (including the electronic report) together with the following documents; provided that a person who intends to change the location of the place of business for the animal funeral service business shall also submit the documents under Article 37 (1) 3, 4, and 6 where changes occur: <Amended on 2012. 12. 26; January 25, 2017; and March 22, 2018>

1. Registration certificate;

2. Facility change specifications (applicable only to facility changes).

(3) Article 37 (4) and (6) shall apply mutatis mutandis to the report of changes under paragraph (2).

Article 39(Report of Temporary Business Closure, etc.) #

(1) Subject to Article 33 (2) of the Act, a person who intends to report temporary closure, resumption, or permanent closure of animal funeral service business, animal selling business, animal import business, animal exhibition business, animal boarding business, animal grooming business, or animal transport business shall submit to the head of the competent Si/Gun/Gu the report of temporary closure (resumption or permanent closure) of business in Form 21 attached hereto (including the electronic report); provided that if the person indicates the period of suspension in the report of suspension of business, he/she need not report resumption of business after such period expires. <Amended on July 3, 2017 and March 22, 2018>

(2) If a person who intends to report the business discontinuation under paragraph (1) desires to concurrently report the business discontinuation under Article 8 (6) of the Value-Added Tax Act, he/she shall submit the business discontinuation report under paragraph (1), together with the business discontinuation report in Form 9 attached to the Enforcement Rule of the Value-Added Tax Act or the combined business discontinuation report under Article 12 (1) of the Enforcement Decree of the Civil Petitions Treatment Act. In such case, the head of the competent Si/Gun/Gu shall send said business discontinuation report or said combined business discontinuation report to the head of the competent tax office (including sending via an information network system: hereafter the same shall apply in this Article). <Newly Inserted on July 3, 2017>

(3) If the head of the competent tax office receives the business discontinuation report under paragraph (1) and sends said report to the head of the competent Si/Gun/Gu pursuant to Article 13 (5) of the Enforcement Decree of the Value-Added Tax Act, the business discontinuation report under paragraph (1) shall be deemed to have been submitted. <Newly Inserted on July 3, 2017>

Article 40(Permission of Animal Breeding Business) #

(1) Pursuant to Article 34 (1) of the Act, a person who intends to engage in the animal breeding business shall submit to the head of the competent Si/Gun/Gu the application for animal breeding business permission (including the electronic application) in Form 22 attached hereto together with the following documents: <Amended on March 22, 2018>

1. Facility details and layout plan of the place of business;

2. Staffing report;

3. Business plan;

4. Animal disposition plan in the case of business discontinuation.

(2) The head of a Si/Gun/Gu, upon receipt of the application under paragraph (1), shall verify the following documents through the administrative information sharing system under Article 36 (1) of the Electronic Government Act. In such case, if the applicant refuses to consent to the verification of the abridged copy of residence registration card, the head of a Si/Gun/Gu shall cause the applicant to submit said document: <Amended on March 22, 2018>

1. Abridged copy of residence registration card (a corporate registration certificate for a corporation);

2. Building ledger and land use plan confirmation note.

(3) If it is impossible to confirm whether the applicant under paragraph (1) falls under Article 34 (3) 1 or 5 of the Act, the head of a Si/Gun/Gu may cause the applicant to submit the documents required to identify the applicant in addition to the documents under paragraph (1) or (2). <Amended on March 22, 2018>

(4) If the application under paragraph (1) meets the standards laid down in Table 9 attached hereto, the head of a Si/Gun/Gu shall issue the permission certificate in Form 23 attached hereto to the applicant concerned, and shall draw up and manage the animal breeding business permission (change report) ledger in Form 24 attached hereto. <Amended on March 22, 2018>

(5) In case a person who obtained the permission under paragraph (4) intends to apply for re-issuance of the permission certificate due to loss or excessive wear, he/she shall submit the application for re-issuance of the permission certificate in Form 19 attached hereto (including the electronic application) to the head of a Si/Gun/Gu. <Amended on March 22, 2018>

(6) The animal breeding business permission (change report) ledger under paragraph (4) shall be prepared and managed electronically unless there is any compelling reason otherwise. <Amended on March 22, 2018>

[Title Amended on March 22, 2018]

Article 41(Report of Changes, etc. to Permission Details) #

(1) "Any matter specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" under Article 34 (2) of the Act means the following: <Amended on March 23, 2013>

1. Name of the business operator (name of a representative if the business operator is a corporation);

2. Name of the place of business or company name;

3. Business facilities;

4. Location of the place of business.

(2) Subject to Article 34 (2) of the Act, a person who intends to report changes to permission details of animal breeding business shall submit to the head of a Si/Gun/Gu the change report in Form 20 attached hereto (including the electronic report) together with the following documents; provided that a business operator who intends to change the location of the place of business shall also submit the documents under subparagraphs of Article 40 (1) where changes occur (including the electronic documents): <Amended on January 25, 2017 and March 22, 2018>

1. Permission certificate;

2. Facility change specifications (applicable only to facility changes).

(3) Article 39 shall apply mutatis mutandis to the report of temporary closure, resumption, or permanent closure of animal breeding business under Article 34 (2) of the Act.

(4) Article 40 (4) and (6) shall apply mutatis mutandis to the report of changes under paragraph (1).

[Title Amended on March 22, 2018]

Article 42(Report of Succession to Business Operator Status) #

(1) A person who intends to report the succession to the status of a business operator pursuant to Article 35 of the Act shall submit the report of succession to business operator status in Form 25 attached hereto (including the electronic report), together with the following documents, to the head of a Si/Gun/Gu whom he/she has filed registration or report with:

1. For transfer and acquisition: Any document proving the transfer and acquisition such as a copy of the transfer and acquisition agreement;

2. For inheritance: The family relations certificate under Article 15 (1) of the Act on the Regulation, etc. of Family Relationship and any document proving the inheritance;

3. Other cases than those under subparagraphs 1 and 2: Any appropriate document proving the transfer of the status of a business operator in accordance with relevant causes.

(2) The head of a Si/Gun/Gu, upon receipt of the report under paragraph (1), in the case of business transfer, shall verify the corporation registration certificate, certified copy of land cadastre, certified copy of building register, building ledger, or the transferor’s seal impression certificate, which can prove transfer and acquisition through the administrative information sharing system under Article 36 (1) of the Electronic Government Act; provided that if the transferor refuses to consent to the verification of his/her seal impression certificate, the head of a Si/Gun/Gu shall cause the transferor to submit his/her seal impression certificate; and if both the transferor and the transferee visit the appropriate office to file the report, the verification of the seal impression certificate may be omitted.

(3) If it is impossible to verify whether the applicant under paragraph (1) falls under Article 33 (3) 1 or 4 of the Act and Article 34 (3) 1 or 5 of the Act, the head of a Si/Gun/Gu may cause the applicant to submit documents required to identify the applicant in addition to the documents under paragraph (1). <Amended on March 22, 2018>

(4) If a person who reports the transfer of the status of a business operator pursuant to paragraph (1) intends to change the name of the place of business or the company name under Article 38 (1) 2 or Article 41 (1) 2, he/she may also report such change. <Amended on March 22, 2018>

(5) Upon receipt of the report under paragraph (1), the head of a Si/Gun/Gu shall reissue the registration certificate in Form 16 attached hereto or the permission certificate in Form 23 attached hereto. <Amended on March 22, 2018>

Article 43(Matters to be Observed by Business Operator) #

The matters to be observed by a business operator (including a representative in the case of a corporation) and his/her employees shall be as set forth in Table 10 attached hereto. <Amended on March 22, 2018>

Article 44(Education for Animal Selling Business Operator, etc.) #

(1) The education hours for each business operator under Article 37 (1) and (2) of the Act shall be as follows: <Amended on March 22, 2018>

1. For a person who intends to engage in animal selling business, animal import business, animal breeding business, animal exhibition business, animal boarding business, animal grooming business, or animal transport business: Three hours within one year before the date of application for registration or permission;

2. For a person who was subjected to business suspension pursuant to Article 38 of the Act: Three hours within six months from the receipt of such disposition;

3. For other business operators (except for animal funeral service business operator): Three hours every year.

(2) An educational institution shall offer education concerning the following: <Amended on March 21, 2019>

1. This Act and other animal protection policies;

2. Animal protection and welfare;

3. Rearing, management, and disease prevention for animals;

4. Matters to be observed by business operators;

5. Other matters that the educational institution deems essential.

(3) Article 12-4 (2), (4), and (5) shall apply mutatis mutandis to the designation of an education institution, education methods, notification of education results, and maintenance, management, and retention of records thereof. <Newly Inserted on March 21, 2019>

(4) Deleted <March 21, 2019>

(5) Deleted <March 21, 2019>

Article 45(Standards for Administrative Disposition) #

(1) The standards for administrative dispositions such as revocation of business registration or permission, or suspension of all or part of business under Article 38 of the Act shall be as set forth in Table 11 attached hereto. <Amended on March 22, 2018>

(2) Where the head of a Si/Gun/Gu rendered any administrative disposition under paragraph (1), he/she shall record, maintain, and retain the details thereof in the administrative disposition and hearing ledger in Form 26 attached hereto.

(3) The administrative disposition and hearing ledger under paragraph (2) shall be drawn up and managed electronically unless there is any compelling reason otherwise.

Article 46(Corrective Order) #

"A corrective order specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs" under Article 39 (1) 3 of the Act means any of the following orders: <Amended on March 23, 2013>

1. Cessation of any animal abuse;

2. Implementation of measures to prevent any harm to animals;

3. Implementation of measures to prevent any harm to public health and the human body, life, or property;

4. Prompt treatment of sick or injured animals.

Article 47(Identification Certificate of Honorary Animal Guardian) #

The identification certificate of an honorary animal guardian under Article 40 (3) of the Act shall be as in Form 27 attached hereto.

Article 48(Registration Fees, etc.) #

The fees under Article 42 of the Act shall be as set forth in Table 12 attached hereto. In such case, the fees shall be paid in the form of a government revenue stamp, revenue certificate stamp of the local government concerned, cash, account transfer, credit card, debit card, or electronic money or electronic settlement using the information network system. <Amended on December 31, 2013>

Article 49(Reconsideration of Regulations) #

The Minister of Agriculture, Food and Rural Affairs shall review the validity of the following matters every three years starting from the baseline date set forth below (referring to not later than a date before the baseline date every three years) and make improvements and take other measures as needed: <Amended on January 2, 2017 and March 22, 2018>

1. Appropriate rearing and caring methods, etc. under Article 3 and attached Table 1: January 1, 2017;

2. Scope of animal transport business operators under Article 5: January 1, 2017;

3. Methods of slaughtering animals under Article 6: January 1, 2017;

4. Standards for regions where the animal registration is exempted under Article 7: January 1, 2017;

5. Registration details, methods, etc. for the animals subject to registration under Article 8 and attached Table 2: January 1, 2017;

6. Changes of registration details that are subject to report, change report procedures, etc. under Article 9: January 1, 2017;

7. Matters to be observed by animal care centers under Article 19 and attached Table 5: January 1, 2017;

8. Joint establishment, etc. of the IACUC under Article 24: January 1, 2017;

9. Qualifications for the IACUC members under Article 26: January 1, 2017;

10. Entries in the notification on operation of the Institutional Animal Care and Use Committee under Article 25 and attached Form 10: January 1, 2017;

11. Procedures for organizing the IACUC under Article 27: January 1, 2017;

12. Business scope and facility standards under Article 35 and attached Table 9: January 1, 2017;

13. Changes in registered business that are subject to report and change reporting procedures under Article 38: January 1, 2017;

14. Changes of permission details that are subject to report and change report procedures under Article 41: January 1, 2017;

15. Matters to be observed by business operators under Article 43 and attached Table 10: January 1, 2017.

[This Article Newly Inserted on January 6, 2015]