ENFORCEMENT DECREE OF THE ACT ON PROMOTION OF KOREAN TRADITIONAL LIQUOR INDUSTRIES

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Act on Promotion of Korean Traditional Liquor Industries and matters necessary for the enforcement thereof.

Article 2(Details of master plans) #

"Matters prescribed by Presidential Decree" in Article 4(2)6 of the Act on Promotion of Korean Traditional Liquor Industries (hereinafter referred to as the "Act") shall be as follows: <Amended on Mar. 23, 2013>

1. Matters concerning the development of varieties of raw material crops for manufacturing traditional liquor, etc.;

2. Matters concerning the restoration of traditional liquor;

3. Matters concerning projects to strengthen linkage with local agriculture;

4. Matters concerning international exchange for the globalization of traditional liquor, etc.;

5. Other matters deemed necessary for the promotion of the traditional liquor industry, etc., as recognized by the Minister of Agriculture, Food and Rural Affairs.

Article 3(Support for management improvement) #

(1) Persons eligible for support for management improvement by the Minister of Agriculture, Food and Rural Affairs under Article 5(1) of the Act shall be manufacturers who operate businesses with a liquor manufacturing license under Article 8 of the Act and whom the Minister of Agriculture, Food and Rural Affairs recognizes as having outstanding potential to contribute to the improvement of the quality of traditional liquor and the promotion of the industry. <Amended on Mar. 23, 2013>

(2) The Minister of Agriculture, Food and Rural Affairs may provide all or part of the funds necessary for a person eligible for support under paragraph (1) to promote the following matters: <Amended on Mar. 23, 2013>

1. Procurement of raw materials necessary for the manufacture of traditional liquor;

2. Modernization of traditional liquor manufacturing facilities;

3. Development of sales channels, promotion, or management consulting for traditional liquor

4. Other matters the Minister of Agriculture, Food and Rural Affairs recognizes as necessary for support to revitalize the manufacture and distribution of traditional liquor.

Article 4(Designation of institutions for training professional personnel) #

(1) A person who intends to be designated as an institution for training professional personnel under Article 12(2) of the Act shall submit an application for designation prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, accompanied by documents prescribed by such Decree, to the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

(2) Criteria for designation of institutions for training professional personnel under Article 12(2) of the Act shall be as follows: <Amended on Oct. 4, 2013>

1. The institution shall have appropriate educational facilities and equipment;

2. The institution shall secure appropriate professional teaching personnel;

3. The curriculum and educational content shall be appropriate;

4. The plan for financing operating expenses shall be reasonable.

(3) Detailed matters concerning the criteria for designation under paragraph (2) shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Oct. 4, 2013>

(4) Where the Minister of Agriculture, Food and Rural Affairs designates an institution for training professional personnel under Article 12(2) of the Act, the Minister shall issue a certificate of designation prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs and publicly announce the following matters: <Amended on Mar. 23, 2013; Oct. 4, 2013>

1. Designation number and date of designation;

2. Name and location of the institution for training professional personnel;

3. Name of the representative of the institution for training professional personnel;

4. Details of education.

(5) Items for which expenses may be supported for institutions for training professional personnel under Article 12(3) of the Act shall be as follows: <Amended on Mar. 23, 2013; Oct. 4, 2013>

1. Development of educational materials;

2. Operation of educational programs;

3. Surveys and research necessary for education;

4. Other matters deemed necessary for training professional personnel as recognized by the Minister of Agriculture, Food and Rural Affairs.

Article 4-2(Methods for raising self-help funds) #

(1) A self-help fund under Article 17-2(1) of the Act (hereafter referred to as "self-help fund") shall be raised from contributions voluntarily paid by members of the relevant organization.

(2) A self-help fund raised under paragraph (1) shall be used for the following projects:

1. Promotional projects for the succession, development, and enhancement of value of traditional liquor, etc.;

2. Market development projects to expand sales channels for traditional liquor, etc.;

3. Support projects such as technological development, surveys, and research for improving the quality of traditional liquor, etc.;

4. Projects for providing and utilizing distribution information on traditional liquor, etc.;

5. Projects for stabilizing the supply and demand and prices of raw materials for traditional liquor, etc.;

6. Projects for strengthening linkage with local agriculture.

[This Article Added on Jun. 9, 2020]

Article 4-3(Payment of subsidies) #

(1) An organization that intends to receive a subsidy under Article 17-2(1) of the Act shall meet the requirements in the following subparagraphs:

1. It shall prepare regulations on the method of raising self-help funds and the management and operation thereof; in such cases, self-help funds shall be accounted for separately from other accounts;

2. The production scale of traditional liquor, etc., produced by members of the organization shall exceed the standards determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs.

(2) Subsidies under Article 17-2(1) of the Act shall be paid within the scope prescribed by the Agreement on Agriculture under Annex 1A of the Marrakesh Agreement Establishing the World Trade Organization, and shall not exceed the amount used for projects in the relevant year among the funds raised by the organization as self-help funds (limited to the principal paid by members).

[This Article Added on Jun. 9, 2020]

Article 5(Items eligible for quality certification) #

Items eligible for quality certification under Article 22(1) of the Act shall be designated and publicly notified by the Minister of Agriculture, Food and Rural Affairs from among alcoholic beverages (excluding spirits) under Article 5(1) of the Liquor Tax Act, taking into account the following: <Amended on Mar. 23, 2013; Feb. 17, 2021>

1. Whether they can promote improvement in brewing techniques and the production of high-quality products;

2. Whether they can contribute to the development of the liquor industry;

3. Whether they can secure market competitiveness.

Article 6(Method of indicating quality certification) #

(1) If a person intends to indicate quality certification under Article 22(1) of the Act, he or she shall affix or print a quality certification mark on the certified product or its packaging, etc.

(2) Matters necessary for the quality certification mark under paragraph (1) and other methods of indicating quality certification shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 7(Procedures for quality certification) #

(1) Any person intending to obtain quality certification under Article 22(1) of the Act shall submit to the head of a quality certification body designated under Article 23(1) of the Act (hereinafter referred to as the "certification body") an application for quality certification prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, together with documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

(2) Any person who has applied for quality certification under paragraph (1) shall provide samples where the head of the certification body requests such samples for certification examination; in such cases, the quantity of samples shall be the minimum necessary for testing.

(3) The head of the certification body that has received an application for quality certification under paragraph (1) shall set the examination schedule and notify the applicant thereof.

(4) Where the head of the certification body conducts a certification examination and finds that the application conforms to the quality certification standards under Article 8, he or she shall issue a certificate of quality certification prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the applicant. <Amended on Mar. 23, 2013>

(5) Where the head of the certification body conducts a certification examination and finds that the application does not conform to the quality certification standards under Article 8, he or she shall specify the details thereof and notify the applicant without delay.

(6) A person who has obtained quality certification under paragraph (4) may apply for reissuance of a quality certification certificate by submitting an application for reissuance prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the head of the certification body that issued the certificate; in such cases, if a person intends to have the certificate reissued because it is damaged, the damaged quality certificate shall be attached. <Amended on Mar. 23, 2013>

Article 8(Quality certification standards) #

(1) The quality certification standards applied in granting quality certification under Article 22(1) of the Act shall include standards concerning quality, manufacturing facilities, manufacturing methods, and quality control.

(2) Detailed matters concerning the quality certification standards under paragraph (1) and other matters necessary for the methods of examination for quality certification shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 8-2(Extension of validity period of quality certification) #

(1) Any person intending to obtain an extension of the validity period of quality certification under Article 22(3) of the Act shall submit to the head of the certification body, no later than 2 months before the expiration of the validity period, an application for extension of the validity period of quality certification and the original certificate of quality certification, along with other necessary documents, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

(2) The head of the certification body shall notify a person who has obtained quality certification of the following matters no later than 3 months before the expiration of the validity period; in such cases, notification may be made by mobile text message, electronic mail, facsimile, telephone, document, etc.:

1. The fact that an application for extension of the validity period shall be filed no later than 2 months before the expiration of the validity period in order to extend such validity period;

2. The procedures and methods for applying for extension of the validity period of quality certification.

(3) If the head of the certification body receives an application for extension of the validity period of quality certification under paragraph (1), he or she shall examine whether it conforms to the quality certification standards under Article 8, and where the result conforms to such standards, he or she shall extend the validity period.

(4) Articles 7(2) through (5) shall apply mutatis mutandis to the procedures and methods of examination under paragraph (3). In such cases, "quality certification" shall be deemed "extension of the validity period of quality certification."

[This Article Added on Oct. 4, 2013]

Article 9(Delegation of Authority) #

(1) The Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to the Director General of the National Agricultural Products Quality Management Service under Article 34 of the Act: <Amended on Mar. 23, 2013; Oct. 4, 2013>

1. Designation of, revocation of designation of, and orders for suspension of business of education and training institutions under Article 11 of the Act;

2. Designation of, revocation of designation of, and orders for suspension of business of institutions for training professional personnel under Article 12 of the Act;

3. Designation of certification bodies and receipt of reports on changes thereto under Article 23 of the Act;

4. Revocation of designation of certification bodies and orders for suspension of business thereof under Article 24 of the Act;

5. Investigation, inspection, and requests for testing under Article 26 of the Act;

6. Orders to change labeling or suspend use thereof under Article 28 of the Act;

7. Revocation of quality certification under Article 29 of the Act;

8. Receipt of reports on succession to status under Article 30 of the Act;

9. Requests for submission of materials under Article 32 of the Act;

10. Holding of hearings under Article 33 of the Act;

11. Imposition and collection of administrative fines under Article 38 of the Act;

12. Public notification concerning designation standards under Article 4(3);

13. Public notification under Article 8(2).

(2) The Administrator of the National Agricultural Products Quality Management Service may, upon obtaining approval from the Minister of Agriculture, Food and Rural Affairs, re-delegate part of the authority delegated under paragraph (1) to the head of an affiliated institution. <Amended on Mar. 23, 2013>

(3) Deleted. <Oct. 4, 2013>

Article 9-2 #

Deleted. <Mar. 3, 2020>

Article 10(Criteria for imposition of administrative fines) #

The criteria for the imposition of administrative fines under Article 38(1) and (2) of the Act shall be as set forth in Appendix 2. <Amended on Oct. 4, 2013>