ENFORCEMENT DECREE OF THE HORSE INDUSTRY DEVELOPMENT ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Horse Industry Development Act and matters necessary for the enforcement thereof.

Article 2(Horse Industry and Horse Business Operator) #

(1) "Industry ...<omitted>... prescribed by Presidential Decree" in subparagraph 1 of Article 2 of the Horse Industry Development Act (hereinafter referred to as the "Act") means the following industries:

1. Business of producing, breeding, and distributing horses;

2. Horse-using business;

3. Service business that uses or mediates horses, such as horse training, farriery, rehabilitation riding, or horse racing operations;

4. Business of manufacturing or selling food, drugs, or cosmetics and perfumes using products or by-products of horses;

5. Business of manufacturing or selling goods necessary for raising or using horses;

5. Any other incidental business necessary for businesses under subparagraphs 1 through 5.

(2) "Person ...<omitted>... who meets the standards prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act means any of the following persons:

1. Business of producing, breeding, and distributing horses under paragraph (1) 1: A person who produces or breeds at least 3 horses registered with a horse registration agency under Article 7 of the Act, or conducts distribution business of horses;

2. Horse-using business under paragraph (1) 2: A person who engages in the business of using at least 3 horses registered with a horse registration agency under Article 7 of the Act;

3. Business of horse training, farriery, rehabilitation riding, or horse racing operations under paragraph (1) 3: A person who obtains the relevant qualification under Article 12 of the Act and provides training, farriery services, or rehabilitation riding, uses at least 3 horses registered with a horse registration agency under Article 7 of the Act, or conducts business using such horses;

4. Business of manufacturing or selling goods under paragraph (1) 4 and 5: A person who manufactures or sells foods, drugs, cosmetics and perfumes, goods, etc. using products or by-products at least 90 days per year.

Article 3(Designation of Agencies Taking Exclusive Responsibility for Fostering Horse Industry) #

(1) The Minister of Agriculture, Food and Rural Affairs may designate an agency taking exclusive responsibility for fostering the horse industry (hereinafter referred to as "agency taking exclusive responsibility") from among institutions, corporations, or organizations equipped with all of the following human resources and facilities pursuant to Article 9 (4) of the Act: <Amended on Mar. 23, 2013>

1. Human resources;

(a) There shall be at least 10 persons who have obtained a degree in a department related to the livestock industry at a university or college under the Higher Education Act;

(b) There shall be at least 5 persons who have obtained a veterinarian's license under the Veterinarians Act;

(c) There shall be at least 20 persons who have been engaged in affairs related to the horse industry in an institution, corporation, organization, etc. for at least 10 years;

2. Facilities;

(a) It shall have a ranch for exclusive use by horses, the area of which shall be at least 300,000 square meters;

(b) It shall be equipped with facilities for training horses, such as an arena with an area of at least 1,500 square meter and a race track with a length of at least 1,000 meters;

(c) It shall be equipped with facilities for horse research, education on horses, etc.

(2) The Minister of Agriculture, Food and Rural Affairs may, if an agency taking exclusive responsibility designated pursuant to paragraph (1) falls under any of the following subparagraphs, cancel the designation thereof; provided, if the institution falls under subparagraph 1, the designation shall be cancelled: <Amended on Mar. 23, 2013; Aug. 27, 2014; Dec. 30, 2016>

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

2. Where it fails to perform the duties entrusted pursuant to Article 9 (2) of the Act without good cause;

3. Where the expenses subsidized pursuant to Article 9 (3) of the Act have been used for any purpose other than the originally intended purpose;

4. Where the human resources, facilities, etc. of an agency taking exclusive responsibility fail to meet the standards for designation under paragraph (1);

Article 4(Horse Industry-Related Qualification Test) #

(1) When the Minister of Agriculture, Food and Rural Affairs administers qualification tests for horse trainers, farriers and rehabilitation riding instructors (hereinafter referred to as "qualification tests") pursuant to Article 12 (4) of the Act, he or she shall administer the tests by classifying them into Grade I qualification test, Grade Ⅱ qualification test, and Grade Ⅲ qualification test. <Amended on Mar. 23, 2013>

(2) The qualification tests shall be divided into the preliminary written test and the secondary practical test. In such cases, the secondary practical test shall be conducted for those who have passed the primary written test or those exempted from the primary written test.

(3) A person who has passed the first written test shall be exempted from the first written test for 2 years from the date he or she passes such test; provided, where the second practical test is held less than twice for 2 years from the date he or she passes the first written test, he or she shall be exempted from the first written test thereafter. <Amended on Dec. 30, 2016>

(4) The eligibility to apply for qualification tests, the subjects of test, the methods of test, and fail/pass criteria in tests shall be as specified in attached Table 1.

(5) Detailed matters necessary for a plan, etc. to administer the qualification tests shall be determined by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 5(Issuance of qualification certificate) #

When a person who has passed the qualification tests is determined, the Minister of Agriculture, Food and Rural Affairs shall publish it in a daily newspaper or on the website, and issue a certificate of qualification to the person who has passed the qualification tests in accordance with the form prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 6(Reporting Agricultural and Fishing Village Type Riding Facilities) #

(1) A person who intends to file a report on agricultural and fishing village type riding facilities (hereinafter referred to as "riding facilities") pursuant to Article 15 (1) of the Act or to modify any reported matter shall submit a report on riding facilities (or report on modification) prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the Special Self-Governing Province Governor or the head of a Si/Gun/autonomous Gu (hereinafter referred to as the "head of a Si/Gun/Gu"), along with the following documents; provided, when filing a report on modification, only the documents under subparagraph 4 shall be attached thereto: <Amended on Mar. 23, 2013>

1. Documents evidencing the right to use riding facilities, including real estate lease contract;

2. An overview of facilities and equipment;

3. Certificate of registration of riding horses registered with a registration agency under Article 7 (1) of the Act;

4. A document evidencing the details of modification (applicable only where a report on modification is filed);

5. A copy of the written approval for temporary use, in cases of a building under temporary use.

(2) Upon receipt of a report on riding facilities under paragraph (1), the head of a Si/Gun/Gu shall record the details of such report in the report register of riding facilities prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs and issue a certificate of report on riding facilities prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

(3) Where a person who has been issued a certificate of report on riding facilities pursuant to paragraph (2) loses the certificate or the certificate becomes unusable because it is worn out, he or she may file an application for reissuance of a certificate of report on riding facilities prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, preparing an application for re-issuance of a certificate of report on riding facilities in the form prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 7(Modification of Insignificant Matters) #

"Insignificant matters prescribed by Presidential Decree" in the latter part of Article 15 (1) of the Act means improving or repairing facilities within the extent not changing the area of a site and the scale of business facilities.

Article 8(Purchase of Insurance) #

(1) The operator of riding facilities shall purchase non-life insurance within 20 days from the date he or she files a report on riding facilities pursuant to Article 15 (3) of the Act. In such cases, he or she may purchase insurance as an organization.

(2) The operator of a riding facility who has purchased a non-life insurance policy pursuant to paragraph (1) shall submit, without delay, documents evidencing such fact to the head of the relevant Si/Gun/Gu who has reported the riding facility.

Article 9(Support for Horse Business Operators) #

"Horse business operators prescribed by Presidential Decree" in Article 17 (2) of the Act means horse business operators under the subparagraphs of Article 2 (2).

Article 10(Requirements of Special Horse Industry Zones) #

"Standards prescribed by Presidential Decree" in Article 20 (1) 2 of the Act means satisfying all of the following requirements: <Amended on Mar. 23, 2013; Aug. 27, 2014>

1. The combined number of the following facilities or farm households shall be at least 20:

(a) Riding facilities;

(b) A riding track reported as sports facility business pursuant to Article 20 of the Installation and Utilization of Sports Facilities Act;

(c) Farms producing or breeding horses;

2. It shall be equipped with facilities capable of producing, breeding, or using at least 500 horses;

3. The sales volume of the horse industry shall exceed a specific scale prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

4. It shall be equipped with facilities for horse riding, training, education, etc. for the promotion of the horse industry.

Article 11(Designation of Special Horse Industry Zones) #

(1) The head of a Si/Gun/Gu who intends to obtain approval to designate a special horse industry zone or to change the area thereof (hereafter referred to as "designation, etc." in this Article) pursuant to Article 20 (1) of the Act shall submit an application for designation, etc. in the form prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the Minister of Agriculture, Food and Rural Affairs, along with the following documents. <Amended on Mar. 23, 2013; Aug. 27, 2014>

1. The plan for promotion of the horse industry;

2. A statement of grounds for application for designation, etc.

3. Documents evidencing that the requirements under the subparagraphs of Article 20 (1) of the Act are satisfied (referring to documents verifying the details of change of the area in cases of change of the area; hereafter the same shall apply in this Article);

4. Administrative district map indicating geographically adjacent special zones planned for promotion of the horse industry.

(2) In cases of jointly filing an application for designation, etc. of a special horse industry zone pursuant to Article 20 (2) of the Act, the head of the relevant Si/Gun/Gu and the head of a Si/Gun/Gu of the adjacent local government shall jointly submit a written application to the Minister of Agriculture, Food and Rural Affairs, along with the documents under the subparagraphs of paragraph (1). <Amended on Mar. 23, 2013>

(3) Upon receipt of an application for designation, etc. under paragraphs (1) and (2), the Minister of Agriculture, Food and Rural Affairs shall verify the cadastral map through administrative data matching under Article 36 (1) of the Electronic Government Act, and comprehensively examine whether the applicant meets the requirements under Article 20 (1) of the Act, etc. and shall make the designation, etc. <Amended on Mar. 23, 2013>

(4) Where the Minister of Agriculture, Food and Rural Affairs has designated, etc. a special horse industry zone under paragraph (1), he or she shall notify the head of the relevant Si/Gun/Gu of such fact without delay. <Amended on Mar. 23, 2013>

(5) The Minister of Agriculture, Food and Rural Affairs may revoke the designation of a special horse industry zone pursuant to Article 20 (3) of the Act, even if it fails to meet the requirements for designation of a special horse industry zone, other than those falling under Article 13 (2) 2. <Amended on Mar. 23, 2013>

Article 12(Formulation and Implementation of Promotion Plans for Special Horse Industry Zones) #

A promotion plan for a special horse industry zone under Article 21 (1) of the Act (hereinafter referred to as "promotion plan") shall include the following matters:

1. Direction-setting for and objectives of the promotion of the horse industry;

2. Detailed implementation plans for matters under Article 5 (2) 2 through 5 and 7 through 10 of the Act;

3. Other matters necessary for fostering special horse industry zones.

Article 13(Assessment and Measures of Special Horse Industry Zones) #

(1) The Minister of Agriculture, Food and Rural Affairs shall assess the conditions of implementing a promotion plan at least once a year pursuant to Article 25 (1) of the Act. In such cases, the Minister shall organize an assessment team including experts from academic circles, institutions and organizations and persons engaged in related industries at the end of the relevant year and conduct the assessment thereof. <Amended on Mar. 23, 2013>

(2) Where the Minister of Agriculture, Food and Rural Affairs has assessed the conditions of implementing a promotion plan pursuant to paragraph (1), he or she may take the following measures pursuant to Article 25 (2) of the Act: <Amended on Mar. 23, 2013>

1. Special horse industry zones of which the actual outcomes of implementing the promotion plan are insufficient: Adjustment of the designated area or recommendation of improvement of plans for investment, projects, etc.;

2. Where it is likely to significantly undermine the promotion of a special horse industry zone because the recommendation of improvement under subparagraph 1 has not been complied with at least 3 times: Revocation of the designation as a special horse industry zone.

Article 14(Entrustment of Affairs) #

(1) The Minister of Agriculture, Food and Rural Affairs shall entrust the following affairs to the Korea Racing Authority established pursuant to the Korea Racing Authority Act (hereinafter referred to as the "Korea Racing Authority") pursuant to Article 28 (1) of the Act. <Amended on Mar. 23, 2013>

1. Compilation and administration of statistics on the horse industry and research on the current status of horse business operators under Article 6 of the Act;

2. Establishment and operation of an integrated horse industry information system;

3. Administration qualification tests related to the horse industry, accreditation, and revocation or suspension of qualifications thereof under Articles 12 and 13 of the Act.

(2) The President of the Korea Racing Authority may re-entrust part of the affairs entrusted pursuant to paragraph (1) to other livestock-related institutions or organizations (referring to institutions or organizations related to the tests, among the affairs under paragraph (1) 3) with approval from the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 14-2(Handling of Personally Identifiable Information) #

(1) The Minister of Agriculture, Food and Rural Affairs (including persons entrusted or re-entrusted with the authority of the Minister of Agriculture, Food and Rural Affairs pursuant to Article 14) ) may process data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the horse industry-related qualification tests under Article 12 of the Act.

(2) If it is deemed inevitable for carrying out the administrative affairs related to the reporting on agricultural and fishing village type riding facilities under Article 15 of the Act, the head of Si/Gun/Gu (including persons with authority delegated, if his or her authority has been delegated) and the manager of the Fund may handle materials containing a resident registration number under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.

[This Article Newly Inserted on Aug. 6, 2014]

[Previous Article 14-2 moved to Article 14-3 <Aug. 6, 2014>]

Article 14-3 #

Deleted. <Dec. 30, 3016>

Article 15(Criteria for Imposition of Administrative Fines) #

Standards for the imposition of administrative fines under Article 31 (1) of the Act shall be as listed in attached Table 2.