ENFORCEMENT DECREE OF THE SPECIAL ACT ON SAFETY MANAGEMENT OF CHILDREN'S DIETARY LIFESTYLE

Article 1(Purpose) #

The purpose of this Act is to provide for matters delegated by the Special Act on Safety Management of Children's Dietary Lifestyle and matters necessary for implementing said matters.

Article 2(Children's favorite foods) #

Children's favorite foods prescribed in subparagraph 2 of Article 2 of the Special Act on Safety Management of Children's Dietary Lifestyle (hereinafter referred as the "Act") shall be as specified in Appendix 1.

Article 3(Designation of children's food safety protection zones) #

(1) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) intends to designate a children's food safety protection zone (hereinafter referred to as "children's food safety protection zone") under Article 5 (1) of the Act, he or she shall hold consultations with the head of the competent district office of education under Article 34 (3) of the Local Education Autonomy Act. <Amended on Dec. 14, 2021>

(2) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu intends to designate a children's food safety protection zone, he or she shall pre-examine the following matters: <Amended on Dec. 14, 2021>

1. Number and kinds of food vending machines installed in and around the school;

2. Kinds, etc. of major foods being sold in the school;

3. Number of pupils attending school;

4. Number and kinds of stores preparing, displaying, or selling children's favorite foods around the school.

(3) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu has designated a children's food safety protection zone, he or she shall notify the Minister of Food and Drug Safety of the designation thereof and manage the children's food safety protection zone, as prescribed by Prime Ministerial Decree. <Amended on Mar. 15, 2010; Mar. 23, 2013; Dec. 14, 2021>

(4) Where the relevant school is closed down or changes occur in the circumstances surrounding the school, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may cancel the designation of a children's food safety protection zone or change the designated zone in consultation with the head of the district office of education under paragraph (1). <Amended on Dec. 14, 2021>

Article 4(Installation and management of signboards indicating children's food safety protection zones) #

If the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu has designated a children's food safety protection zone, he or she install signboards, etc. and manage the children's food safety protection zone, as prescribed by Prime Ministerial Decree. <Amended on Mar. 15, 2010; Mar. 23, 2013; Dec. 14, 2021>

Article 5(Business establishments where children's favorite foods are prepared and sold) #

"Business establishments prescribed by Presidential Decree" in Article 6 (1) of the Act means the following business establishments: <Amended on Aug. 6, 2009; Jan. 26, 2010>

1. Business establishments engaged in the business of producing and processing instantly-available foods is conducted under subparagraph 2 of Article 21 of the Enforcement Decree of Food Sanitation Act; food vending machine business prescribed in subparagraph 5 (b) (ii) of the aforesaid Article; other food-selling business prescribed in (vi) of the aforesaid item; restaurant business prescribed in subparagraph 8 (a) of the aforesaid Article, which does not serve alcoholic beverages; general restaurant business prescribed in item (b) of the aforesaid subparagraph; and confectionery business prescribed in item (f) of the aforesaid subparagraph;

2. In addition to business establishments prescribed in subparagraph 1, business establishments where children's favorite foods are displayed and sold in places frequented by children, such as school stores, supermarkets, convenience stores, stationery stores, and establishments where food vending machines are installed.

Article 6(Subsidization of expenses incurred in improving or repairing facilities in exemplary business establishments) #

The head of a Si/Gun/Gu may, pursuant to Article 7 (3) of the Act, subsidize any of the following expenses from the national treasury or subsidize such expenses or provide loans therefor from the Food Promotion Fund (hereinafter referred to as the "Food Promotion Fund") under Article 89 of the Food Sanitation Act, to business entities which intend to be designated or have been designated as exemplary business establishments: <Amended on Jan. 26, 2010; Apr. 22, 2011; Jul. 26, 2016>

1. Expenses incurred in installing refrigeration facilities or freezing facilities;

2. Expenses incurred in installing tableware sterilization facilities;

3. Expenses incurred in purchasing sanitary covers;

4. Expenses incurred in improving or repairing restrooms;

5. Deleted; <Jan. 28, 2015>

6. Deleted; <Jan. 28, 2015>

7. Deleted; <Jan. 28, 2015>

8. Expenses incurred in installing food waste disposal equipment;

9. Deleted; <Jan. 28, 2015>

10. Other expenses incurred in improving or repairing cookware and cooking facilities, and display and sales facilities.

Article 7(Restrictions on or prohibition of sale of high-calorie, low-nutrient foods) #

(1) Where the Minister of Food and Drug Safety intends to restrict or prohibit the sale of high-calorie, low-nutrient foods pursuant to Article 8 (2) of the Act, he or she shall notify schools and exemplary business establishments of a list of high-calorie, low-nutrient foods in advance or shall publicly announce such list on the website of the Ministry of Food and Drug Safety. <Amended on Apr. 22, 2011; Mar. 23, 2013; Jan. 28, 2014>

(2) Where the Minister of Food and Drug Safety intends to prohibit the sale of caffeine-rich foods in exemplary business establishments pursuant to Article 8 (2) of the Act, he or she shall restrict or prohibit the sale of such foods falling into the category of children's favorite foods, and shall pre-notify exemplary business establishments of the details thereof or publicly announce the details thereof on the website of the Ministry of Food and Drug Safety. <Added on Jan. 28, 2014; Sep. 4, 2018>

[Title Amended on Jan. 28, 2014]

Article 7-2(Restrictions on advertising time) #

(1) The time during which a person who manufactures, processes, imports, distributes, or sells children’s favorite foods is restricted from advertising high-calorie, low-nutrient foods and high-caffeine foods during broadcasting programs intended primarily for children as viewers [referring to television broadcasting under Article 2 (1) (a) of the Broadcasting Act or Internet multimedia broadcasting under Article 2 (1) of the Internet Multimedia Broadcasting Business Act (limited to broadcasting that provides real-time broadcasting programs); hereinafter the same shall apply)] under Article 10 (2) of the Act shall be from 5:00 p.m. to 7:00 p.m. <Amended on Aug. 5, 2025>

(2) The Minister of Food and Drug Safety may order a person who manufactures, processes, imports, distributes, or sells children’s favorite foods to prohibit advertising high-calorie, low-nutrient foods and high-caffeine foods in mid-program advertisements of broadcasting programs intended primarily for children as viewers (referring to mid-program advertisements under Article 73 (2) 2 of the Broadcasting Act, including cases applied mutatis mutandis under Article 21 (4) of the Internet Multimedia Broadcasting Business Act; hereinafter the same shall apply). <Amended on Mar. 23, 2013; Jan. 28, 2014; Feb. 6, 2024; Aug. 5, 2025>

(3) With respect to the scope of broadcasting programs intended primarily for children as viewers under paragraphs (1) and (2), the Minister of Food and Drug Safety shall consult with the Minister of Science and ICT and the Broadcasting and the Chairperson of the Media and Communications Commission, and shall determine the results thereof through deliberation by the Committee on the Safety Management of Children's Dietary Lifestyle under Article 25 of the Act (hereinafter referred to as the “Committee”). <Amended on Mar. 23, 2013; Jul. 26, 2017; Aug. 5, 2025; Oct. 1, 2025>

(4) Upon determining the scope of broadcasting programs intended primarily for children as viewers under paragraph (3), the Minister of Food and Drug Safety shall publicly announce such determination on the website, etc. of the Ministry of Food and Drug Safety. <Amended on Aug. 5, 2025>

(5) Deleted. <Jan. 16, 2018>

[This Article Wholly Amended on Feb. 5, 2013]

Article 8(Business entities subject to nutrition and food allergen labeling requirements) #

"Business entity prescribed by Presidential Decree" in Article 11 (1) and 11-2 (1) of the Act means a business entity running a franchise business under the Fair Transactions in Franchise Business Act, who has at least 50 stores, including directly managed stores and franchise stores, among those who conduct rest restaurant business, general restaurant business, and bakery business classified under subparagraph 8 (a), (b), and (f) of Article 21 of the Enforcement Decree of the Food Sanitation Act. <Amended on Aug. 6, 2009; Feb. 20, 2017; Jan. 12, 2021>

[Title Amended on Feb. -20 2017]

Article 9 #

Deleted. <Jan. 26, 2010>

Article 10(Entrustment of affairs concerning quality certification) #

(1) The Minister of Food and Drug Safety may entrust the business affairs of quality certification to any of the following institutions or organizations pursuant to Article 14 (3) of the Act. <Amended on Mar. 23, 2013; Feb. 6, 2024; Sep. 26, 2024>

1. The Dietary Lifestyle Safety Management Center under Article 21-3 (1) of the Act;

2. Government-funded research institutions prescribed in the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

3. Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

4. Other institutions or organizations recognized and publicly notified by the Minister of Food and Drug Safety as having expertise in quality certification affairs.

(2) If the Minister of Food and Drug Safety entrusts business affairs pursuant to paragraph (1), he or she shall publicly notify such fact and publicly announce it on the website of the Ministry of Food and Drug Safety. <Amended on Mar. 23, 2013; Feb. 6, 2024>

Article 11 #

Deleted. <Jul. 26, 2016>

Article 12(Meal places eligible for support from the center for children’s foodservice management) #

"Other meal places prescribed by Presidential Decree" in Article 21 (1) 4 of the Act means the meal places in the following facilities: <Amended on Jan. 28, 2015; Dec. 14, 2021>

1. A youth establishment prescribed in the Framework Act on Youth;

2. A child welfare facility and a community-based childcare center the Child Welfare Act;

3. A facility in which children account for at least 50/100 of the number of persons for whom meals are regularly provided at one time among welfare facilities for persons with disabilities under the Act on Welfare of Persons with Disabilities.

[Title Amended on Jan. 28, 2015]

Article 12-2(Entrustment of operation of the center for children's foodservice management) #

(1) 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 the "Mayor/Do Governor") or the head of a Si/Gun/Gu may entrust the operation of the Center for Children's Foodservice Management, to any of the following institutions or organizations related to foods pursuant to Article 21 (3) of the Act: <Amended on Mar. 23, 2013; Jan. 28, 2015; Jul. 9, 2019; Feb. 6, 2024>

1. A government-funded research institute related to food among government-funded research institutes prescribed in the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

2. Deleted; <Sep. 26, 2024>

3. A university, industrial college, or junior college in which a department related to food or nutrition is established among universities, industrial colleges, or junior colleges under the Higher Education Act;

4. Other nonprofit corporations or nonprofit organizations related to food determined and publicly notified by the Minister of Food and Drug Safety.

(2) Where the Mayor/Do Governor, or the head of a Si/Gun/Gu intends to entrust the operation of the Center for Children's Foodservice Management pursuant to paragraph (1), he or she shall publicly announce the name of an institution entrusted with the operation thereof and the scope of affairs entrusted on the website, etc. <Amended on Jan. 28, 2015; Feb. 6, 2024>

[This Article Added on Sep. 22, 2011]

[Title Amended on Feb. 6, 2024]

Article 13(Operation of the center for children’s foodservice management) #

(1) The number of dieticians and persons responsible for the sanitation of the Center for Children’s Foodservice Management pursuant to Article 21 (4) of the Act shall be at least one person each in charge of 20 meal places (hereinafter referred to as "meal places") eligible for support under Article 21 (1) of the Act; provided, where it is deemed necessary in consideration of the size of meal places and the distance between those meal places, relaxed standards determined and publicly notified by the Minister of Food and Drug Safety may apply in such cases: <Amended on Jan. 28, 2015; Jul. 24, 2015>

1. Deleted; <Jul. 24, 2015>

2. Deleted. <Jul. 24, 2015>

(2) The scope of duties of a dietician and a person responsible for the sanitation of the Center for Children's Foodservice Management under paragraph (1) shall be as follows: <Amended on Jan. 28, 2015; Feb. 6, 2024>

1. Dietician: The following duties:

(a) Preparation and verification of a menu at meal places;

(b) Guidance on the purchase, inspection, and cooking of food ingredients, etc., and the distribution of meals;

(c) Nutrition guidance to and management of employees of meal places;

(d) Nutrition education and guidance for users of meal places;

2. Person responsible for sanitation: The following duties:

(a) Guidance for implementation of criteria for sanitary handling of foods, food additives, apparatus, containers, or packages (hereinafter referred to as "food, etc.") under Article 3 (3) of the Food Sanitation Act;

(b) Sanitation education and guidance for employees and users of meal places;

(c) Verifying whether sanitation of meal places meets standards for sanitation of meal places;

(d) Verifying whether employees of meal places have received medical examination and guidance for receiving medical examination.

(3) Where it is necessary to conduct affairs related to the Center for Children’s Foodservice Management, the Mayor/Do Governor or the head of a Si/Gun/Gu may request administrative agencies, public organizations, and other relevant institutions to provide cooperation, such as providing data and information. <Amended on Sep. 22, 2011>

Article 14(Subsidization of expenses incurred in establishing and operating the center for children’s foodservice management) #

The State or a local government may subsidize any of the following expenses, from the national treasury or local government expenses within the budget, or provide funds from the Food Promotion Fund pursuant to Article 21 (5) of the Act: <Amended on Jan. 28, 2015; Feb. 6, 2024>

1. Salaries of dieticians and persons in charge of sanitation working with the Center for Children’s Foodservice Management;

2. Rents for the Center for Children’s Foodservice Management;

3. Expenses incurred in constructing a system for providing information about the purchase of foodstuff to meal places;

4. Expenses incurred in providing education on nutrition and sanitation for, guidance and management services to employees of meal places;

5. Expenses necessary for education and guidance on nutrition and sanitation for users of meal places;

6. Other expenses incurred in establishing and operating the Center for Children's Foodservice Management.

Article 15(Examination and publication of dietary lifestyle safety index) #

The Minister of Food and Drug Safety shall examine the dietary lifestyle safety index prescribed in Article 23 (1) of the Act and publish the results thereof every three years. <Amended on Mar. 23, 2013>

Article 16(Entrustment of examination of dietary lifestyle safety index) #

(1) The Minister of Food and Drug Safety may entrust the examination of the dietary lifestyle safety index to any of the following institutions or organizations pursuant to Article 23 (2) of the Act: <Amended on Mar. 23, 2013; Sep. 26, 2024>

1. The Dietary Lifestyle Safety Management Center under Article 21-3 (1) of the Act;

2. Government-funded research institutions prescribed in the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

3. Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

4. Other institutions or organizations recognized and publicly notified by the Minister of Food and Drug Safety as having expertise in investigating the dietary lifestyle safety index.

(2) Where the Minister of Food and Drug Safety entrusts affairs pursuant to paragraph (1), he or she shall publicly notify such fact. <Amended on Mar. 23, 2013; Sep. 26, 2024>

Article 17 #

Deleted. <Jul. 9, 2019>

Article 17-2(Dismissal of members) #

Where a member of the Committee (excluding a member who is a public official) falls under any of the following, the Minister of Food and Drug Safety may dismiss the relevant member: <Amended on Jul. 9, 2019>

1. Where he or she becomes unable to perform the duties due to mental or physical disability;

2. Where he or she has committed any irregularity related to the duties;

3. Where he or she is deemed unfit to serve as a member of the Committee due to neglect of the duties, injury to dignity, or other reasons;

4. Where a member expresses his or her intention that it is impractical for him or her to perform the duties.

[This Article Added on Dec. 31, 2015]

Article 18(Chairperson and meetings of Committee) #

(1) The chairperson shall represent the Committee and have general supervision and control of its business affairs.

(2) Vice chairpersons shall assist the chairperson, and act on his or her behalf where the chairperson is unable to perform his or her duties due to any unavoidable cause.

(3) The chairperson shall convene and preside over meetings of the Committee.

(4) Where the Minister of Food and Drug Safety or at least 1/3 of the members of the Committee demands that the chairperson convene a meeting, he or she shall convene such meeting without delay. <Amended on Mar. 23, 2013>

(5) A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.

(6) The chairperson shall immediately report matters deliberated upon during each meeting of the Committee to the Minister of Food and Drug Safety. <Amended on Mar. 23, 2013>

Article 19(Subcommittees) #

(1) The Committee may establish subcommittees in each specialized field in order to professionally research and review matters of discussion.

(2) Matters deliberated upon by subcommittees shall be reported to the Chairperson.

Article 20(Allowances and travel expenses) #

The Committee may pay allowances and reimburse travel expenses to members who attend meetings of the Committee or subcommittees and attendees requested to attend the meetings by the chairperson, within budgetary limits; provided, the foregoing shall not apply where a member who is a public official attends meetings of the Committee in direct connection with his or her business.

Article 21(Operating rules) #

Except as provided in this Decree, matters necessary for operating the Committee and subcommittees shall be prescribed by the chairperson through a resolution passed by the Committee.

Article 22(Formulation of master plan and implementation plan) #

(1) Where a master plan for safety management of children's dietary lifestyle (hereinafter referred to as "master plan"), as prescribed in Article 26 (1) of the Act is finalized, the Minister of Food and Drug Safety shall notify and the heads of relevant central administrative agencies and the Mayors/Do Governors of the master plan by November 30 of the year immediately preceding the year in which the master plan is to be implemented. <Amended on Mar. 23, 2013; Jul. 26, 2016; Sep. 26, 2024>

(2) The heads of the relevant central administrative agencies and Mayors/Do Governors in receipt of notification of a master plan under paragraph (1), shall formulate an implementation plan for safety management of children's dietary lifestyle (hereinafter referred to as "implementation plan") for each relevant year pursuant to Article 26 (3) of the Act, and submit the outcomes of such implementation plan and the implementation plan for the preceding year to the Minister of Food and Drug Safety by the end of January every year. In such cases, each Mayor/Do Governor shall consult with the superintendent of the office of education in his or her jurisdiction. <Amended on Mar. 23, 2013; Jul. 26, 2016>

Article 23(Cooperation in formulating plans) #

(1) Where necessary to formulate and implement a master plan and an implementation plan, the Minister of Food and Drug Safety, relevant central administrative agencies, and the Mayors/Do Governors may request administrative agencies, public organizations, and other relevant institutions to provide cooperation, such as providing data and information or submitting opinions. <Amended on Mar. 23, 2013; Jul. 26, 2016>

(2) The heads of relevant institutions and organizations requested to provide cooperation under paragraph (1), shall provide cooperation, unless there is a compelling reason not to do so.

Article 23-2(Processing of sensitive information) #

The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu (including a person entrusted with the business affairs of the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu) may process data containing information on health under Article 23 of the Personal Information Protection Act, if it is inevitable for conducting business affairs regarding nutrition education and guidance for users of meal places under Article 13 (2) 1 (d). <Amended on Feb. 27, 2024>

[This Article Added on Feb. 6, 2024]

[Previous Article 23-2 moved to Article 23-3 <Feb. 6, 2024>]

Article 23-3(Re-examination of regulation) #

The Minister of Food and Drug Safety shall examine the appropriateness of business entities subject to nutrition labeling requirements under Article 8 every three years, counting from January 1, 2014 (referring to the period that ends on the day before January 1 of every third year), and shall take measures, such as making improvements.

[This Article Wholly Amended on Jul. 26, 2016]

[Moved from Article 23-2 <Feb. 6, 2024>]

Article 24(Standards for imposition of administrative fines) #

The standards for imposition of administrative fines under Article 29 (1) of the Act shall be as specified in Appendix 2.

[This Article Wholly Amended on Apr. 22, 2011]