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ACT ON FOSTERING AND SUPPORTING AGRICULTURAL AND FISHERIES BUSINESS ENTITIES — 법갈피

영문법령 / ACT ON FOSTERING AND SUPPORTING AGRICULTURAL AND FISHERIES BUSINESS ENTITIES

ACT ON FOSTERING AND SUPPORTING AGRICULTURAL AND FISHERIES BUSINESS ENTITIES

법률타법개정시행 2025-10-01농림축산식품부,농림축산식품부,농림축산식품부,농림축산식품부,해양수산부 · 제21065호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to the stable supply of safe agricultural and fisheries products and food to citizens and to the stability of societies in agricultural and fishing villages and national development by fostering competitive agricultural and fisheries business entities and invigorating joint business operation in agriculture and fisheries. <Amended on Mar. 9, 2011; Mar. 21, 2017>

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on May 27, 2009; Jan. 6, 2015; Jun. 22, 2015; Aug. 17, 2021>

1. The term "farmer" means a farmer defined in subparagraph 2 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry;

2. The term "agricultural corporation" means an agricultural partnership under Article 16 or an agricultural corporation under Article 19;

3. The term "agricultural business entity" means a farmer or agricultural corporation;

4. The term "fisher" means a fisher defined in subparagraph 3 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development;

5. The term "fisheries corporation" means a fisheries partnership under Article 16 or a fisheries company under Article 19;

6. The term "fisheries business entity" means a fisher or fisheries corporation;

7. The term "agricultural or fisheries business entity" means an agricultural or fisheries business entity;

8. The term "rural tourism and resort business" means the business defined in subparagraph 16a through c of Article 2 of the Agricultural and Fishing Villages Improvement Act (Provided, That the sale of land or facilities under Article 84 of that Act shall be excluded).

Article 3(Responsibilities of the State and other entities) #

The State and each local government shall establish and implement comprehensive policies necessary for fostering and supporting competitive agricultural or fisheries business entities.

Article 4(Registration of business information on agriculture or fisheries) #

(1) An agricultural or fisheries business entity that intends to obtain financial support, such as loan or subsidy related to agriculture or fisheries business or agricultural or fishing villages, shall register the following information (hereinafter referred to as "business information on agriculture or fisheries"). The same shall also apply where a modification occurs to any of the important matters prescribed by Presidential Decree among registered matters: <Amended on May 27, 2009; Mar. 9, 2011; Jun. 22, 2015; Mar. 21, 2017; Feb. 21, 2018>

1. In cases of an agricultural business entity: Information on business management of agriculture; such as means of production, including farmland, livestock pens, forest land, and horticultural facilities; agricultural products; methods of production; and the number of heads of bred livestock provided for in Article 40 of the Framework Act on Agriculture, Rural Community and Food Industry, and information on receipt of loans, subsidies, etc. prescribed by Presidential Decree (hereinafter referred to as "business information on agriculture");

2. In cases of a fisheries business entity: Information on business management of fisheries; such as means of production, including fishing boats and fish farming facilities; fisheries products; methods of production; and scale of production of fisheries provided for in Article 27 of the Framework Act on Fisheries and Fishing Villages Development, and information on receipt of loans, subsidies, etc. prescribed by Presidential Decree.

(2) The period of validity of registration of or registration for modification to business information on agriculture or fisheries shall be three years from the date of registration or the date of registration for modification. <Added on Feb. 11, 2020>

(3) Standards for registration of business information on agriculture or fisheries shall be prescribed by Presidential Decree. <Added on Aug. 16, 2023>

(4) Procedures for registering and modifying business information on agriculture or fisheries under paragraphs (1) and (2) and matters necessary for preparing and managing the register of business information on agriculture or fisheries shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Feb. 11, 2020; Aug. 16, 2023>

Article 5(Verification of registered information) #

(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may, if necessary for making the registration under Article 4 efficient and verifying business information on agriculture or fisheries registered under the same Article (including modifications to registered information; hereinafter referred to as "registered information"), request the head of an appropriate central administrative agency, the head of a local government, or the head of a public institution under the Act on the Management of Public Institutions to submit relevant data. In such cases, the head of an appropriate central administrative agency, a local government, or a public institution shall, upon receiving such a request, comply with the request, except in exceptional circumstances. <Amended on Mar. 23, 2013; Mar. 21, 2017>

(2) If necessary for verifying whether registered information is correct, the Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries may require relevant public officials to conduct on-site investigation or request the relevant agricultural business entity or fisheries business entity to submit relevant evidential materials. In such cases, the agricultural business entity or fisheries business entity requested to submit such materials shall do so within 30 days from the date of receipt of the request. <Amended on Mar. 23, 2013; Aug. 16, 2023>

(3) If necessary for submitting evidential materials under paragraph (2), the agricultural business entity or fisheries business entity may request the head of the Ri or Tong or similar local authority having jurisdiction over the location of farmland, forest land, livestock pens, fishing grounds, fish farming facilities, etc. to verify or prove such materials. In such cases, the person requested shall verify or prove whether the materials are accurate. <Added on Aug. 16, 2023>

(4) In order to conduct on-site investigations under paragraph (2), such relevant public official who enters a third party's land, farm, fish farm, or similar place shall carry identification verifying his or her authority and present it to relevant persons. <Amended on Aug. 16, 2023>

Article 6-2(Correction or cancellation of registered information) #

(1) In any of the following cases, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may correct or cancel the relevant registered information; provided, in cases falling under subparagraphs 1 through 3, such registered information shall be cancelled: <Amended on Feb. 11, 2020; Aug. 16, 2023>

1. Where the relevant entity files for registration of, or files for registration of modification to, business information on agriculture or fisheries by fraud or other improper means.

2. Where an agriculture or fisheries business entity falls under any of the following:

a. Where the agriculture or fisheries business entity ceases to satisfy any of the standards for registration under Article 4(3);

b. Where a farmer or fisher who is a business owner registered in the business information of agriculture or fisheries dies, or whose domicile is registered as unknown under Article 6(1)2 of the Resident Registration Act;

c. Where an agricultural corporation or fisheries corporation is issued with a dissolution order under Article 20-3;

d. Where an order to dispose of farmland is issued pursuant to Article 11(1) of the Farmland Act (excluding where an order to dispose of farmland is postponed pursuant to Article 12(1)1 of that Act);

e. Where the relevant farmland-related information of a person sentenced to a fine pursuant to subparagraph 2 of Article 61 of the Farmland Act is registered as business information on agriculture or fisheries.

3. Where the period of validity of registration under Article 4(2) expires;

4. Where the relevant entity fails to submit materials pursuant to the latter part of Article 5(2), without good cause;

5. Where the relevant entity fails to file for registration of modification pursuant to the main clause of Article 6(2);

6. Where it is found that any of the following matters is inconsistent with registered information as a result of examination and verification conducted in accordance with Presidential Decree:

a. The address and contact information of the relevant farmer or fisher, and the location and contact information of the relevant corporation;

b. The locations of farmland, forest land, livestock pens, fishing grounds, and aquaculture facilities;

c. Cultivated items and cultivation area by item;

d. Livestock types and breeding scale by livestock type;

e. Fishery license, fishery permit, and reporting a fishery business.

(2) If the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries corrects or cancels registered information under paragraph (1), he or she shall notify the relevant agricultural or fisheries business entity of such fact within 14 days from the date of such correction or cancellation; provided, he or she shall make such fact publicly available, if the domicile or residence of the relevant agricultural or fisheries business entity is not known, or said notification is not possible due to other reasons.

(3) Necessary matters for notifying or publishing correction or revocation of registered information under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries.

(4) No person whose business information on agriculture or fisheries has been cancelled pursuant to paragraph (1)1 shall newly register such information within one year from the date of cancellation. <Added on Aug. 16, 2023>

[This Article Added on Mar. 21, 2017]

Article 16(Reporting on establishment of agricultural partnerships or fisheries partnerships) #

(1) Farmers who intend to enhance productivity through collaborative management of agriculture and jointly conduct the sale, distribution, processing, or exportation of agricultural products, the rural tourism and resort business, and other business, or an agriculture-related producers' organization under subparagraph 4 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry (hereinafter referred to as an "agricultural producers' organization") may establish an agricultural partnership, the number of members of which shall be at least five. <Amended on May 27, 2009; Jan. 6, 2015; Jun. 22, 2015>

(2) Fishers who intend to enhance productivity through collaborative management of fisheries and jointly conduct the sale, distribution, processing, or exportation of fisheries products, the rural tourism and resort business, and other business, or a fisheries-related producers' organization under subparagraph 5 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development (hereinafter referred to as an "fisheries producers' organization") may establish a fisheries partnership, the number of members of which shall be at least five. <Amended on May 27, 2009; Jan. 6, 2015; Jun. 22, 2015>

(3) A person who intends to establish an agricultural partnership or a fisheries partnership shall file a report thereon with the head of the Si (referring to a Special Self-Governing Province Governor in the case of a Special Self-Governing Province, and a Special Self-Governing City Mayor in the case of a Special Self-Governing City; hereinafter the same shall apply)/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) who has jurisdiction over the location of the principal office as prescribed by Presidential Decree; provided, where a modification occurs to any of the important matters prescribed by Presidential Decree among the reported matters or where such partnership is dissolved, a report on the modification or dissolution shall be filed in the same manner. <Amended on Aug. 17, 2021>

(4) Upon receipt of a report on establishment, a report on modification, or a report on dissolution under paragraph (3), the head of the Si/Gun/Gu shall notify the person who has filed the report of whether the report on establishment, the report on modification, or the report on dissolution is accepted, within 20 days from the date of receipt thereof. <Amended on Aug. 17, 2021>

(5) If the head of the Si/Gun/Gu fails to notify the person who has filed a report on establishment, report on modification, or report on dissolution of whether the report is accepted within the period provided in paragraph (4) or of the extension of a processing period under statutes and regulations relating to the processing of civil petitions, the relevant report on establishment, report on modification, or report on dissolution shall be deemed accepted on the day immediately following the end of the processing period (referring to the corresponding processing period if the processing period has been extended or re-extended under statutes and regulations relating to the processing of civil petitions). <Amended on Aug. 17, 2021>

(6) Upon receipt of a report on the establishment of an agricultural partnership or a fisheries partnership under paragraph (3), the head of the Si/Gun/Gu shall notify the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries thereof. <Amended on Aug. 17, 2021>

(7) Matters necessary for investment in an agricultural partnership or fisheries partnership, matters to be entered in the articles of incorporation thereof, its dissolution, etc. and, except as provided in paragraphs (3) through (6), matters necessary for filing a report on establishment, a report on modification, a report on dissolution, the return or supplementation of such a report, etc. of an agricultural partnership or fisheries partnership, shall be prescribed by Presidential Decree. <Amended on Aug. 17, 2021>

(8) Except as provided in this Act, the provisions of the Civil Act regarding partnerships shall apply mutatis mutandis to agricultural partnerships and fisheries partnerships. <Amended on Jan. 6, 2015>

[Title Amended on Aug. 17, 2021]

Article 18(Organizational change of agricultural or fisheries partnership) #

(1) An agricultural partnership or a fisheries partnership may change its organization status to an agricultural company or a fisheries company of any of the following types, by adopting a resolution at a general meeting with the consent of all the members: <Amended on Jan. 6, 2015; Dec. 24, 2018>

1. An unlimited partnership company;

2. A limited partnership company;

2-2. A limited liability company;

3. A limited company;

4. A stock company.

(2) An agricultural partnership or a fisheries partnership shall, where changing its organization status pursuant to paragraph (1)2, convert some of existing members into limited partners or newly admit limited partners. <Amended on Jan. 6, 2015>

(3) An agricultural partnership or a fisheries partnership shall, where it changes its organization status pursuant to paragraph (1)2-2 or 3, convert every member to limited partners. <Added on Jan. 6, 2015; Dec. 24, 2018>

(4) The total issue price of shares issued in the course of changing such partnership’s organization status pursuant to paragraph (1)4 shall not exceed the amount of the current net assets of the partnership, and the members of the partnership at the time of a resolution under paragraph (1) shall, where the amount of the net assets is less than the total amount of capital, be jointly and severally liable to pay the deficits to the partnership. <Added on Jan. 6, 2015>

(5) Where an agricultural partnership or a fisheries partnership passes a resolution to change its organization status pursuant to paragraph (1), it shall make a public notification, within two weeks from the date of the resolution, to the creditors thereof for a period of at least one month, as prescribed by its articles of association, demanding the submission of objections, if any, against such change of its status within a specified period and shall inform the creditors who are aware of the content of such public notification, individually. <Amended on Jan. 6, 2015>

(6) Where any creditor has raised an objection within a certain period referred to in paragraph (5), if the agricultural partnership or the fisheries partnership neither discharges an obligation to the said creditor nor furnishes security equivalent to such obligation to the said creditor, the resolution on the change of such partnership’s organization status shall not become effective. <Amended on Jan. 6, 2015>

(7) Where any creditor has not raised an objection to the resolution on the change of such partnership’s organization status within the period referred to in paragraph (5), the creditor shall be deemed to have approved such change of organization status. <Amended on Jan. 6, 2015>

(8) Where an agricultural partnership or a fisheries partnership has changed its organization status pursuant to paragraph (1), the agricultural partnership or the fisheries partnership shall make a registration of dissolution, and the agricultural or fisheries company established after it has changed its organization status shall make a registration of its establishment, within two weeks at the seat of its principal office. <Amended on Jan. 6, 2015; Sep. 20, 2024>

(9) A member of an agricultural partnership or a fisheries partnership who has been converted to a limited partner or a shareholder pursuant to paragraphs (2) through (4) shall be liable for obligations of the agricultural partnership or the fisheries partnership arising before the relevant registration is made at the seat of such principal office pursuant to paragraph (8) as a member of the agricultural partnership or the fisheries partnership until two years after the registration. <Amended on Jan. 6, 2015>

Article 18-2(Merger or division of agricultural partnerships or fisheries partnerships) #

(1) An agricultural partnership or a fisheries partnership may, after preparing a written contract for merger or a plan for division, initiate a merger or a division upon passing a resolution at a general meeting with the consent of all members.

(2) An agricultural partnership or a fisheries partnership shall, where it is merged or divided, file a report on modification, a report on establishment, or a report on dissolution with the head of the competent Si/Gun/Gu having jurisdiction over the location of the principal office. <Amended on Aug. 17, 2021>

(3) The agricultural partnership or the fisheries partnership surviving or newly established in courses of a merger or dissolution shall succeed to the rights and duties of the merged or dissolved agricultural or fisheries partnership.

(4) Articles 16, 16-2, 16-3, 17, and 18 shall apply mutatis mutandis to an agricultural partnership or a fisheries partnership established pursuant to paragraph (1). <Amended on Aug. 17, 2021>

(5) An agricultural partnership or a fisheries partnership shall, in cases of having passed a resolution on a merger or dissolution pursuant to paragraph (1), make a public notification within two weeks from the date of resolution to the creditors for a period of at least one month, as prescribed by its articles of association, demanding the submission of objections, if any, to the change of such partnership’s organization within a specified period and shall inform the creditors who are aware of the content of such public notification, individually.

(6) Where any creditor has raised an objection within a specified period under paragraph (5), if the agricultural partnership or a fisheries partnership neither discharges an obligation to the said creditor nor furnishes security equivalent to such obligation to such creditor, the resolution on a merger or dissolution shall not become effective.

(7) A creditor shall, in cases of not raising an objection within the period referred to in paragraph (5), be deemed to have approved the merger or dissolution.

(8) When an agricultural partnership or a fisheries partnership is merged with an agricultural partnership or a fisheries partnership, it shall file for registration of modification, registration of dissolution, or registration of incorporation at the seat of its principal office within two weeks. <Amended on Sep. 20, 2024>

[This Article Added on Jan. 6, 2015]

Article 18-3(Dissolution of dormant partnership) #

(1) The Minister of the National Court Administration may publicly announce in the Official Gazette that an agricultural partnership or a fisheries partnership, for which five years have passed since its last registration, shall file a report to indicate that it has not yet closed its business with the court having jurisdiction over the location of its principal office. In such cases, matters concerning reporting under Article 520-2(1) of the Commercial Act shall apply mutatis mutandis to the details, methods, etc. of reporting.

(2) An agricultural partnership or a fisheries partnership, in whose case five years have already passed since its last registration as of the date of public announcement under paragraph (1) and a report under paragraph (1) has not been filed within two months from the date of such public announcement, shall be deemed dissolved at the time the reporting period expires; provided, this shall not apply to an agricultural partnership or a fisheries partnership which has filed for registration within the reporting period.

(3) When a public announcement under paragraph (1) is made, the court shall send a notice to the relevant agricultural partnership or fisheries partnership that the public announcement has been made.

(4) An agricultural partnership or fisheries partnership deemed dissolved pursuant to the main clause of paragraph (2) may continue as an agricultural partnership or fisheries partnership within three years thereafter by a resolution of the general meeting as categorized below:

1. Where a member holds one voting right regardless of the number of contribution units: A resolution passed with the attendance of a majority of all members and the number of at least 2/3 of the members present;

2. Where a member holds voting rights in proportion to the number of contribution units: A resolution adopted with at least 2/3 of the voting rights of the members present and at least 1/3 of the total number of contribution units.

(5) Where an agricultural partnership or a fisheries partnership deemed dissolved pursuant to the main clause of paragraph (2) fails to continue as an agricultural partnership or fisheries partnership pursuant to paragraph (4), the liquidation shall be deemed terminated when three years have elapsed from the date it is deemed dissolved.

(6) Article 73 of the Commercial Registration Act shall apply mutatis mutandis to the registration of dissolution of an agricultural partnership or a fisheries partnership and the registration of termination of liquidation thereof under paragraphs (2) and (5). In such cases, "Article 520-2(1) of the Commercial Act" shall be construed as "Article 18-3(2) of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities", and "Article 520-2(4) of the Commercial Act" as "Article 18-3(5) of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities", respectively.

[This Article Added on Jan. 23, 2024]

Article 19(Incorporation of agricultural and fisheries companies and other relevant matters) #

(1) A person who intends to operate agricultural business or the distribution, processing, or sale of agricultural products in an entrepreneurial manner, or who intends to vicariously conduct agricultural works on behalf of farmers or engage in the rural tourism and resort business may establish an agricultural company, as prescribed by Presidential Decree. <Amended on Jan. 6, 2015>

(2) A person eligible to establish an agricultural company shall be either a farmer or an agricultural producers' organization, but any person who is neither a farmer nor an agricultural producers' organization may invest in an agricultural company within the ratio or amount specified by Presidential Decree. <Amended on Nov. 22, 2011>

(3) A person who intends to manage business or the distribution, processing, or sale of fisheries products in an entrepreneurial manner, or who intends to engage in the rural tourism and resort business may incorporate a fisheries company, as prescribed by Presidential Decree. <Amended on Jan. 6, 2015>

(4) A person eligible to establish a fisheries company shall be either a fisher or a fisheries producers' organization, but any person who is neither a fisher nor a fisheries producers' organization may invest in a fisheries company within the ratio or amount specified by Presidential Decree. <Amended on Nov. 22, 2011>

(5) A person who intends to establish an agricultural company or a fisheries company shall file a report thereon with the head of the Si/Gun/Gu who has jurisdiction over the location of the principal office as prescribed by Presidential Decree; provided, where any modification occurs to any of the important matters prescribed by Presidential Decree among the reported matters or where such company is dissolved, a report on the modification or dissolution shall be filed in the same manner. <Amended on Aug. 17, 2021>

(6) Upon receipt of a report on establishment, a report on modification, or a report on dissolution under paragraph (5), the head of the Si/Gun/Gu shall notify the person who has filed the report of whether the report on establishment, the report on modification, or the report on dissolution is accepted, within 20 days from the date of receipt thereof. <Amended on Aug. 17, 2021>

(7) If the head of the Si/Gun/Gu fails to notify the person who has filed a report on establishment, a report on modification, or a report on dissolution of whether the report is accepted within the period provided in paragraph (6) or of the extension of a processing period under statutes and regulations relating to the processing of civil petitions, the relevant report on establishment, the report on modification, or the report on dissolution shall be deemed accepted on the day immediately following the end of the processing period (referring to the corresponding processing period if the processing period has been extended or re-extended under statutes and regulations relating to the processing of civil petitions). <Amended on Aug. 17, 2021>

(8) Upon receipt of a report on the establishment of an agricultural company or a fisheries company pursuant to paragraph (5), the head of the Si/Gun/Gu shall notify the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries thereof. <Added on Aug. 17, 2021>

(9) Matters necessary for investment in an agricultural company or a fisheries company, matters to be entered in the articles of incorporation thereof, its dissolution, etc. and, except as provided in paragraphs (5) through (8), matters necessary for filing a report on establishment, a report on modification, a report on dissolution, the return or supplementation of such a report, etc. of an agricultural company or a fisheries company, shall be prescribed by Presidential Decree. <Added on Aug. 17, 2021>

(10) Article 17(4) shall apply mutatis mutandis to the accession of an agricultural company to an agricultural producers' organization as a member or an associate member; and Article 17(5) and (6) shall apply mutatis mutandis to the accession of a fisheries company to a fisheries producers' organization as a member or an associate member. <Amended on Jan. 6, 2015; Aug. 17, 2021>

(11) Except as provided in this Act, the provisions of the Commercial Act governing companies shall apply mutatis mutandis to agricultural companies and fisheries companies. <Amended on Aug. 17, 2021>

[Title Amended on Aug. 17, 2021]

Article 20-2(Fact-finding survey) #

(1) The head of a Si/Gun/Gu having jurisdiction over the principal office of an agricultural corporation or a fisheries corporation shall conduct fact-finding surveys on the corporation's operation with respect to the following matters in accordance with survey interval, methods, etc. as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries, to ensure the lawful operation and efficient management of such agricultural corporation or fisheries corporation: <Amended on Aug. 17, 2021>

1. Personal information, domicile, and capital contribution status of the members (including the associate members), partners, and shareholders thereof;

2. Matters regarding the scale of business thereof;

3. Current state of the scale of the farming land owned thereby, of whether it is cultivated.

(2) The head of a Si/Gun/Gu may, if deemed necessary for the inspection on the present state, etc. of operational activities of an agricultural corporation or fisheries corporation pursuant to paragraph (1), perform the following acts within the limits not impairing the corporation's managerial autonomy:

1. Act of requiring the agricultural corporation or fisheries corporation to submit necessary documents, etc.;

2. Act of asking the competent registry office for perusal and duplication of necessary documents, or issuance of certified transcripts thereof. In this case, such perusal, duplication, or issuance shall be free of charge;

3. Act of having a public official under his or her jurisdiction enter the offices of the said corporation for inspection or ask the relevant persons necessary questions.

(3) A person who enters the offices for inspection under paragraph (2) shall carry with him or her a certificate indicating his or her authority and present it to the relevant persons.

(4) Agricultural corporations or fisheries corporations shall cooperate in conducting fact-finding surveys under paragraph (1).

(5) The Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries may, within the budget, subsidize the heads of Sis/Guns/Gus to cover expenses incurred in providing materials to verify the scope of business and the operational status of agricultural corporations and fisheries corporations and in conducting fact-finding surveys so as to efficiently conduct the fact-finding surveys. <Added on Aug. 17, 2021>

(6) For the provision of materials under paragraph (5), the Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries may request the agencies managing the information prescribed by Presidential Decree, such as computerized information on corporation registration, information on taxation, and information on real estate transactions, to furnish materials, and the heads of management agencies in receipt of such request shall comply therewith unless there is a compelling reason not to do so. <Added on Aug. 17, 2021>

(7) Where the Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries requests the Commissioner of the National Tax Service to submit taxation information pursuant to paragraph (6), such request shall be made in writing. In such cases, a request for submission of taxation information shall be made by specifying the following matters: <Added on Aug. 17, 2021>

1. Business registration information (business registration number, category of business);

2. Sales amount;

3. The shareholder's status described in the statements of changes in stocks, etc.;

(8) After conducting fact-finding surveys under paragraph (1), the head of a Si/Gun/Gu may order the correction of the following matters, within the period prescribed by Presidential Decree: <Amended on Aug. 17, 2021>

1. An agricultural partnership or a fisheries partnership, whose number of members is less than five;

2. An agricultural company or a fisheries company, in which the contribution quotas owned by non-farmers or non-fishers exceed the contribution limits prescribed in Article 19(2) or (4).

(9) Based on the findings of fact-fining surveys under paragraph (1), the head of a Si/Gun/Gu shall take necessary measures, such as notification of disposal of farmland, pursuant to Article 10(2) of the Farmland Act, against an agricultural company found to have failed to meet the requirements specified in subparagraph 3 of Article 2 of the Farmland Act or an agricultural corporation deemed engaged in the real estate business, in violation of Article 19-5. <Added on Aug. 17, 2021>

(10) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may request the head of a Si/Gun/Gu to submit the findings of the fact-fining surveys on agricultural corporations or fisheries corporations under paragraph (1). <Amended on Aug. 17, 2021>

[This Article Added on Jan. 6, 2015]

Article 20-5(Establishment of comprehensive information system) #

(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may establish and operate a comprehensive information system for managing the establishment and operation of agricultural corporations or fisheries corporations, the current status of farmland ownership, etc.

(2) The comprehensive information system under paragraph (1) shall include the following: <Added on Aug. 16, 2023>

1. Matters regarding reporting on establishment, reporting on modification, and reporting on dissolution under Article 16(3) and Article 19(5);

2. Matters regarding the issuance and management of a certificate of report acceptance under Articles 16-2 and 19-2;

3. Matters regarding fact-finding surveys and corrective orders under Article 20-2(1) and (8);

4. Matters regarding requests for issuing a dissolution order pursuant to Article 20-3(2);

5. Matters regarding the imposition and collection of penalty surcharges under Article 20-4;

6. Matters regarding the current status of farmland ownership of each agricultural corporation;

7. Matters regarding subsidies that agricultural corporations or fisheries corporations receive from the Government or local governments as prescribed by Presidential Decree;

8. Other matters necessary for the management of the current status of the establishment, operation, etc. of agricultural corporations and fisheries corporations.

(3) In order to operate or manage the comprehensive information system under paragraph (1), the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may request relevant administrative agencies or other necessary entities to provide necessary data. In such cases, the relevant administrative agencies, etc. shall comply with such request unless there is a compelling reason not to do so. <Amended on Aug. 16, 2023>

(4) Matters necessary for the establishment and operation of the comprehensive information system shall be prescribed by Presidential Decree. <Amended on Aug. 16, 2023>

[This Article Added on Aug. 17, 2021]

Article 22(Formulation of plan for education on agriculture and fisheries) #

(1) The State and each local government shall formulate and implement a plan for providing support to agricultural and fisheries business entities through education on business management and technology appropriate for their capacity for business management and level of technical expertise or professional consulting services therefor.

(2) The Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries may designate and utilize professional agricultural and fisheries business managers from among farmers and fishers, if necessary for providing agricultural and fisheries business entities with professional education and consulting services focused on agricultural and fisheries business management and technology. <Amended on Mar. 23, 2013; Jan. 6, 2015; Aug. 17, 2021>

(3) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may provide professional agricultural and fisheries business managers with assistance necessary for their efficient activities. <Amended on Mar. 23, 2013; Jan. 6, 2015; Aug. 17, 2021>

(4) The Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries may, if a professional agricultural or fisheries business manager falls under any of the following subparagraphs, cancel its designation; provided, in cases falling under subparagraph 1, such designation shall be cancelled: <Amended on Mar. 23, 2013; Jan. 6, 2015; Aug. 17, 2021>

1. If he or she is designated as a professional agricultural or fisheries business manager by fraud or other improper means;

2. If he or she ceases to meet the standards for the designation as a professional agricultural or fisheries business manager;

3. If the Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries deems it impracticable or improper for him or her to continue activities as a professional agricultural or fisheries business manager, in consideration of his or her performance in providing professional education and consulting services focused on agricultural and fisheries business management and technology.

(5) Matters necessary for persons eligible for the designation as professional agricultural and fisheries business managers under paragraph (2), the standards and procedure for such designation, and other relevant matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, or Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Jan. 6, 2015; Aug. 17, 2021>

Article 25(Operation of integrated information system for education on agriculture and fisheries) #

(1) The Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries may establish and utilize an integrated information system for agricultural education or integrated information system for fisheries education, respectively, in order to provide agricultural and fisheries business entities with information on education provided by the State; local governments; public institutions; and private educational institutions or organizations and to manage information on actual performance in education courses that agricultural and fisheries business entities have completed. <Amended on Mar. 23, 2013; Jan. 6, 2015>

(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may request any institution or organization that provides education to agricultural and fisheries business entities to input or submit necessary materials, such as educational information, actual performance in education courses that agricultural and fisheries business entities completed, for the efficient operation of the integrated information system for agricultural education or the integrated information system for fisheries education under paragraph (1). <Amended on Mar. 23, 2013; Jan. 6, 2015>

(3) The State and the heads of local governments, the heads of public institutions, the heads of private educational institutions or organizations in receipt of such request pursuant to paragraph (2), shall comply therewith unless there exists any particular circumstance not to do so. <Amended on Jan. 6, 2015>

(4) Scope, etc. of information to be input or submitted by the State and local governments, public institutions, and private educational institutions or organizations pursuant to paragraph (2) shall be prescribed by presidential Decree. <Added on Jan. 6, 2015>

(5) Matters necessary for the establishment and operation of the integrated information system for agricultural education or integrated information system for fisheries education under paragraph (1) shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries. <Added on Jan. 6, 2015>

Article 27(Designation of institutions specializing in development of human resources for agriculture and fisheries, and relevant matters) #

(1) The Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries may designate a specialized institution to have the institution provide education and consulting services for agricultural and fisheries business entities; conduct research on, and evaluation of, business administration for such business entities for the development of human resources for agriculture and fisheries (hereinafter referred to as "institution specializing in development of human resources for agriculture and fisheries"). <Amended on Mar. 23, 2013>

(2) The Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries may fully or partially subsidize funds necessary for an institution specializing in development of human resources for agriculture and fisheries to conduct its business. <Amended on Mar. 23, 2013>

(3) If an institution specializing in development of human resources for agriculture and fisheries falls under any of the following subparagraphs, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may cancel the designation or order it to suspend its business operation for a given period of not more than six months; provided, if it falls under subparagraph 1, such designation shall be cancelled: <Amended on Mar. 23, 2013>

1. If it obtained the designation by fraud or other improper means;

2. If it fails to meet the requirements for the designation as an institution specializing in development of human resources for agriculture and fisheries;

3. If it has no record of business performance for one year or more without just cause.

(4) Matters necessary for the requirements for designation of an institution specializing in development of human resources for agriculture and fisheries, the operation of such an institution and other relevant matters shall be prescribed by Presidential Decree.

Article 27-2(Designation of institutions in exclusive charge of evaluation and performance management of projects for supporting agricultural and fisheries business entities) #

(1) In order to efficiently implement the planning, management, evaluation and regulatory improvement of projects for supporting agricultural and fisheries business entities, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may designate research institutions or organizations full-fledged with specialized personnel and capabilities for investigations and research as institutions in exclusive charge of the evaluation and performance management of projects for supporting agricultural and fisheries business entities (hereinafter referred to as an "institution in exclusive charge").

(2) The Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries may provide contributions or subsidies so as to fill up expenses incurred in the operation of the institutions in exclusive charge.

(3) The Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries may cancel the designation of any institution in exclusive charge if it falls under any of the following; provided, when the institution falls under subparagraph 1, its designation shall be cancelled:

1. Where it has been designated by fraud or other improper means;

2. Where the institution no longer qualifies to be a responsible institution;

3. Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries deems it unsuitable for an institution in exclusive charge due to the significant poor performance of its activities as an institution in exclusive charge designated pursuant to paragraph (1).

(4) Matters necessary for the affairs, prerequisites and procedures for designation of the institutions in exclusive charge and the management, supervision, etc. thereof shall be prescribed by Presidential Decree.

[This Article Added on Jan. 6, 2015]

ACT ON FOSTERING AND SUPPORTING AGRICULTURAL AND FISHERIES BUSINESS ENTITIES

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State and other entities) #

Article 4(Registration of business information on agriculture or fisheries) #

Article 5(Verification of registered information) #

Article 5-2(Fact-finding survey on registered information) #

Article 6(Request for modification to registered information) #

Article 6-2(Correction or cancellation of registered information) #

Article 6-3(Special cases concerning filing objections to correction of registered information) #

Article 7(Protection of business information on agriculture or fisheries) #

Article 7-2(Additional registration) #

Article 8(Restrictions on financial support) #

Article 9 #

Article 10 #

Article 11(Economies of business scale of agriculture and fisheries) #

Article 11-2(Support for agricultural and fisheries business enterprises) #

Article 12 #

Article 13 #

Article 14 #

Article 15 #

Article 16(Reporting on establishment of agricultural partnerships or fisheries partnerships) #

Article 16-2(Issuance and management of certificate of report acceptance to agricultural partnerships and fisheries partnerships) #

Article 16-3(Registration of establishment of agricultural partnerships or fisheries partnerships) #

Article 17(Members of agricultural partnership or fisheries partnership) #

Article 17-2(Executive officers of agricultural or fisheries partnerships) #

Article 18(Organizational change of agricultural or fisheries partnership) #

Article 18-2(Merger or division of agricultural partnerships or fisheries partnerships) #

Article 18-3(Dissolution of dormant partnership) #

Article 19(Incorporation of agricultural and fisheries companies and other relevant matters) #

Article 19-2(Issuance and management of certificate of report acceptance to agricultural companies and fisheries companies) #

Article 19-3(Registration of establishment of agricultural companies and fisheries companies) #

Article 19-4(Scope of business of agricultural and fisheries corporations) #

Article 19-5(Prohibition of real estate business) #

Article 19-6(Grounds for disqualification of executive officers) #

Article 20(Support for agricultural and fisheries corporations) #

Article 20-2(Fact-finding survey) #

Article 20-3(Dissolution order) #

Article 20-4(Penalty surcharges) #

Article 20-5(Establishment of comprehensive information system) #

Article 21(Accounting of agricultural and fisheries business entities) #

Article 22(Formulation of plan for education on agriculture and fisheries) #

Article 23(Support for operation of educational courses of farmers' or fishers' organizations) #

Article 24(Evaluation of educational institutions) #

Article 25(Operation of integrated information system for education on agriculture and fisheries) #

Article 26(Diffusion of leading business models of agriculture or fisheries) #

Article 27(Designation of institutions specializing in development of human resources for agriculture and fisheries, and relevant matters) #

Article 27-2(Designation of institutions in exclusive charge of evaluation and performance management of projects for supporting agricultural and fisheries business entities) #

Article 27-3(Designation of joint agricultural business entities) #

Article 27-4(Registration of information by joint agricultural business entities) #

Article 27-5(Revocation of designation of joint agricultural business entities) #

Article 27-6(Follow-up management of joint agricultural business entities) #

Article 28(Hearings) #

Article 29(Delegation and entrustment of authority) #

Article 30(Prohibition of use of similar name) #

Article 31(Penalty provisions) #

Article 31-2(Penalty provision) #

Article 32(Joint penalty provisions) #

Article 33(Administrative fines) #