Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Insect Industry Promotion and Support Act and matters necessary for the enforcement thereof.
Article 2(Insect industry) #
The insect industry under subparagraph 2 of Article 2 of the Insect Industry Promotion and Support Act (hereinafter referred to as the "Act") shall be as follows: <Amended on Oct. 26, 2011; Feb. 11, 2016>
1. Insect breeding, processing, and distribution business;
2. Business for the production, processing, and distribution of products or by-products of insects;
3. Business for the production and distribution of insect specimens using insects;
4. Business for the production and distribution of insect-related products, such as insect feed and breeding boxes;
5. Business for the establishment and operation of exhibition halls, exposition halls, ecological parks, experiential learning centers, etc. using insects.
Article 3(Formulation of comprehensive plan) #
(1) "Matters prescribed by Presidential Decree" in Article 5(2)8 of the Act means matters concerning the investigation of the types and characteristics of insects necessary for promoting the insect industry.
(2) An implementation plan under Article 5(3) of the Act (hereinafter referred to as the "implementation plan") shall be formulated by December 31 of the preceding year.
(3) When the Minister of Agriculture, Food and Rural Affairs formulates a comprehensive plan for the promotion and support of the insect industry under Article 5(1) of the Act (hereinafter referred to as the "comprehensive plan") and an implementation plan, the Minister shall notify the heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, a Special Self-Governing City Mayor, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as the "Mayors/Do Governors") thereof. <Amended on Mar. 23, 2013; Feb. 11, 2016>
(4) A Mayor/Do Governor may formulate and implement detailed action plans in accordance with the implementation plan.
(5) The Minister of Agriculture, Food and Rural Affairs shall evaluate the performance of the implementation plan pursuant to Article 5(5) of the Act in accordance with the following standards, and shall reflect the results thereof in the implementation plan for the following year: <Added on Dec. 18, 2018>
1. Conformity with the comprehensive plan;
2. Degree of achievement of objectives;
3. Adequacy of the implementation system and allocation of financial resources;
4. Suitability of implementation projects.
(6) The Administrator of the Rural Development Administration and the Minister of the Korea Forest Service shall evaluate the performance of annual detailed implementation plans pursuant to Article 5(6) of the Act in accordance with the standards specified in the subparagraphs of paragraph (5), and shall reflect the results thereof in the annual detailed implementation plans for the following year. <Added on Dec. 18, 2018>
Article 4(Scope of fact-finding survey) #
(1) The scope of the fact-finding survey under Article 6(1) of the Act shall be as follows: <Amended on Oct. 26, 2011>
1. Current status of insect farms and insect production, processing, and distribution businesses;
2. Current status of businesses engaged in the production and distribution of insect specimens using insects;
3. Current status of businesses engaged in the production and distribution of insect-related products, such as insect feed and breeding boxes;
4. Current status of exhibition halls, exposition halls, ecological parks, experiential learning centers, etc. using insects;
5. Current status of insect-related research institutes;
6. Other matters requiring investigation in order to ascertain the current status of the insect industry.
(2) A fact-finding survey under paragraph (1) may be conducted by means of on-site surveys, literature surveys, telephone interviews, electronic mail, or other similar methods. <Amended on Jul. 2, 2019>
(3) A fact-finding survey under paragraph (1) shall be conducted by classifying it into periodic surveys and ad hoc surveys; periodic surveys shall be conducted in the year in which the comprehensive plan is formulated, and ad hoc surveys shall be conducted whenever necessary.
Article 5(Designation of professional human resources training institutions) #
(1) Any person intending to be designated as a professional human resources training institution under Article 7(2) of the Act shall submit an application for designation prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, along with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, to the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Amended on Mar. 23, 2013>
(2) Where the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu designates a professional human resources training institution under Article 7(2) of the Act, such person shall issue a certificate of designation prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs and shall enter and manage the relevant information in a register prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(3) The items for which all or part of expenses may be subsidized for professional human resources training institutions pursuant to Article 7(3) of the Act shall be as follows:
1. Instructor fees and allowances;
2. Costs for producing training materials and purchasing practical training equipment;
3. Other items deemed necessary for education and training.
(4) The designation standards for professional human resources training institutions under Article 7(5) of the Act shall be as follows: <Amended on Oct. 26, 2011>
1. The curriculum and educational content shall be appropriate;
2. Educational facilities and equipment shall be adequately secured;
3. Qualified teaching personnel shall be adequately secured;
4. The plan for financing operating expenses shall be reasonable.
(5) Detailed matters concerning the designation standards under paragraph (4) shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(6) If a professional human resources training institution designated pursuant to Article 7(5) of the Act falls under any of the following subparagraphs, the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu may revoke the designation thereof; provided, if the institution falls under subparagraph 1, the designation thereof shall be revoked: <Added on Oct. 26, 2011; Mar. 23, 2013>
Article 5-2(Compensation for losses) #
(1) If a person who has incurred losses due to an order to restrict or prohibit the breeding or distribution of insects or to dispose of insects under Article 10(2) of the Act intends to receive compensation therefor, such person shall submit a claim for compensation for losses, along with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu Mayor having jurisdiction over the location of the relevant place of business within 3 months from the date completion of measures taken pursuant to such order.
(2) Upon receipt of a claim for compensation for losses pursuant to paragraph (1), the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall, within 30 days from the date of receipt thereof, submit the claim to the Minister of Agriculture, Food and Rural Affairs together with a written opinion reviewing whether the relevant measures have been implemented and whether the claim is appropriate.
(3) Upon receipt of a claim for compensation for losses and a written opinion pursuant to paragraph (2), the Minister of Agriculture, Food and Rural Affairs shall determine and pay compensation for losses to the claimant within 60 days from the date of receipt thereof; provided, where it is impracticable to determine and pay compensation for losses within such period, the Minister may notify the claimant of the grounds therefor and extend such period only once by up to 30 days.
(4) Compensation for losses under Article 10(3) of the Act shall be calculated and paid in accordance with the calculation standards specified in Appendix 1; provided, insects owned by the State or a local government shall be excluded from compensation for losses.
(5) If necessary for calculating compensation for losses, the Minister of Agriculture, Food and Rural Affairs may require a person claiming compensation for losses and a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to submit evidentiary or supplementary materials, and may request specialized institutions, such as certified appraisers under the Act on Appraisal and Certified Appraisers, to calculate compensation for losses. <Amended on Aug. 31, 2016>
(6) Except as provided in paragraphs (1) through (5), matters necessary for the payment of compensation for losses shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs.
[This Article Added on Feb. 11, 2016]
Article 6(Types of insects and breeding standards) #
(1) The types of insects that may be distributed or sold under Article 11(2) of the Act shall be as specified in Appendix 2. <Amended on Feb. 11, 2016>
(2) The breeding standards for insects that may be distributed or sold under Article 11(2) of the Act shall be as specified in Appendix 3. <Amended on Feb. 11, 2016>
(3) The standards for insects that may be distributed or sold under Article 11(2) of the Act shall be classified as follows: <Amended on Mar. 23, 2013; Dec. 18, 2018>
1. Rhinoceros beetles
a. Grade 1: Adult insects of at least 68 mm and larvae of at least 30 g;
b. Grade 2: Adult insects of at least 50 mm but less than 68 mm and larvae of at least 25 g but less than 30 g;
c. Grade 3: Adult insects of less than 50 mm and larvae of less than 25 g;
2. Insects other than rhinoceros beetles: No limit on standards; provided, if it is necessary to limit standards to prevent harm to human life or body or damage to the ecological environment, the Minister of Agriculture, Food and Rural Affairs may determine and publicly notify the types and standards of such insects.
Article 7(Delegation of authority) #
(1) Pursuant to Article 15(1) of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to the Administrator of the Rural Development Administration: <Amended on Mar. 23, 2013>
1. Fact-finding surveys under Article 6 of the Act (excluding fields related to forestry);
2. Professional human resources training and designation of professional human resources training institutions under Article 7 of the Act (excluding fields related to forestry);
3. Risk assessments under Article 10(1) of the Act (excluding fields related to forestry).
(2) Pursuant to Article 15(1) of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to the Minister of the Korea Forest Service: <Amended on Mar. 23, 2013>
1. Fact-finding surveys under Article 6 of the Act (limited to fields related to forestry);
2. Professional human resources training and designation of professional human resources training institutions under Article 7 of the Act (limited to fields related to forestry);
3. Risk assessments under Article 10(1) of the Act (limited to fields related to forestry).
Article 7-2 Deleted <Dec. 30, 2016>
Article 8(Criteria for imposition of administrative fines) #
(1) An administrative fine of 100 thousand won shall be imposed on a person who fails to file a report under Article 12(1) of the Act or a modified report under Article 12(2) of the Act. <Amended on Oct. 26, 2011>
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may increase or reduce the amount of an administrative fine under paragraph (1) within the limit of 1/2 thereof, in consideration of the degree of the violation, the frequency of violations, the motive for the violation, and the consequences thereof. <Amended on Feb. 11, 2016>