Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters mandated by the Food Service Industry Promotion Act and those necessary for the enforcement thereof.
Article 2(Food service industry) #
"Industries prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Food Service Industry Promotion Act (hereinafter referred to as the "Act") means any of the following: <Amended on Mar. 23, 2013>
1. The business of creating and operating exhibition halls, museums, experience halls, etc. for food service products;
2. An industry regarding planning, operation, etc. of food service product-related events;
3. An industry in which at least 2 food service industries are mixed;
4. Other industries deemed by the Minister of Agriculture, Food and Rural Affairs as requiring support for the promotion of the food service industry.
Article 3(Details of support for business start-up) #
In order to promote the start-up of businesses in the food service industry and improve the management of food service business entities, etc., the Minister of Agriculture, Food, and Rural Affairs may provide the following support: <Amended on Mar. 23, 2013>
1. Providing information on funds, human resources, technology, education and training, markets, locations, etc. necessary for facilitating the start-up of businesses in the food service industry and improving the management of food service business entities;
2. Identifying and rewarding ideas and best practices for facilitating the start-up of businesses in the food service industry and improving the management of food service business entities;
3. Holding food service industry start-up fairs and exhibitions of exemplary restaurants;
4. Other matters deemed by the Minister of Agriculture, Food and Rural Affairs as necessary to facilitate the start-up of businesses in the food service industry and improve the management of food service business entities.
Article 4(Designation of institution for training specialized human resources for food service industry) #
(1) The Minister of Agriculture, Food and Rural Affairs may designate any of the following as an institution for training specialized human resources for the food service industry (hereinafter referred to as a "human resources training institution") under Article 7-2 of the Act: <Amended on Mar. 23, 2013; Feb. 17, 2022>
1. A school falling under each subparagraph of Article 2 of the Higher Education Act, which opens and operates food service industry-related curricula;
2. An affiliated research center, etc. established in a school under subparagraph 1, which conducts research on the food service industry;
3. A government-funded research institute established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, which conducts research on the food service industry;
4. A local government-invested research institute established under Article 4 of the Act on the Establishment and Operation of Local Government-Invested Research Institutes, which conducts research on the food service industry;
5. A specific research institute eligible for protection and fostering by the government under the Specific Research Institutes Support Act, which conducts research on the food service industry;
6. A public institution related to the food service industry under Article 4 of the Act on the Management of Public Institutions;
7. A non-profit corporation related to the food service industry established under Article 32 of the Civil Act;
8. A vocational skills development training establishment related to the food service industry under subparagraph 3 of Article 2 of the National Lifelong Vocational Skills Development Act;
9. A private teaching institute related to the food service industry registered under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons for specialized education on the food service industry;
10. A trade organization established for the purpose of promoting the food service industry under Article 12 of the Act;
11. Other institutions and organizations established for the purpose of food service-related business, and in-house training institutions of food service business entities.
Article 5(Reimbursement of expenses) #
Pursuant to Article 7 (3) of the Act, the Minister of Agriculture, Food and Rural Affairs may grant a subsidy to a human resources training institution to help cover all or part of the following expenses: <Amended on Mar. 23, 2013>
1. Expenses necessary for developing training programs, such as the development and provision of training materials related to the food service industry;
2. Expenses necessary for operating training programs, such as payments to instructors;
3. Expenses necessary for purchasing equipment, including equipment and materials for practice, and managing training facilities;
4. Expenses necessary for research and study for the training of specialized human resources for the food service industry;
5. Other expenses deemed by the Minister of Agriculture, Food and Rural Affairs as necessary for the training of specialized human resources for the food service industry.
Article 6(Institution entrusted with international exchanges and expansion into foreign markets) #
"Relevant institutions or organizations prescribed by Presidential Decree" in Article 9 (2) of the Act means any of the following institutions, corporations, or organizations: <Amended on Mar. 23, 2013>
1. A public institution related to the food service industry under Article 4 of the Act on the Management of Public Institutions;
2. A non-profit corporation related to the food service industry established under Article 32 of the Civil Act;
3. A trade organization established for the purpose of promoting the food service industry under Article 12 of the Act;
4. Other institutions and organizations established for the purpose of developing the food service industry under other statutes, which are designated by the Minister of Agriculture, Food and Rural Affairs in consultation with the heads of competent administrative agencies.
Article 7(Preparation and management of statistics) #
(1) The scope of statistics on the food service industry to be prepared under Article 11 of the Act (hereinafter referred to as "statistics on the food service industry") shall be as follows: <Amended on Mar. 23, 2013>
1. Matters regarding the consumption, distribution, and sale of food service products;
2. Matters regarding the management by food service business entities;
3. Matters regarding the analysis of trends and prospects of the domestic and overseas food service industry;
4. Other matters deemed necessary by the Minister of Agriculture, Food and Rural Affairs for the promotion of the food service industry.
(2) The Minister of Agriculture, Food and Rural Affairs may have any of the following institutions or organizations prepare and manage statistics on the food service industry on his or her behalf: <Amended on Mar. 23, 2013>
1. A public institution under Article 4 of the Act on the Management of Public Institutions;
2. Other institutions or organizations deemed necessary for the analysis of information and statistics on the food service industry.
(3) An institution that prepares statistics on the food service industry pursuant to paragraph (2) shall submit the results thereof to the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(4) Except as provided in paragraphs (1) through (3), details regarding the preparation and management of statistics on the food service industry shall be prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013>
Article 8(Matters to be included in articles of association of food industry trade organization) #
(1) The articles of association of a trade organization under Article 12 of the Act (hereinafter referred to as "trade organization") shall include the following:
1. Objectives;
2. Name;
3. Location of the principal office;
4. Matters regarding assets;
5. Matters regarding the appointment and dismissal of directors;
6. Matters regarding the acquisition or loss of membership;
7. Matters regarding the general meeting and the board of directors;
8. Matters regarding grounds for dissolution, if stipulated.
(2) Where a trade organization intends to amend its articles of association, it shall submit to the Minister of Agriculture, Food and Rural Affairs an application for approval for the amendment of articles of association prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, accompanied by the following documents: <Amended on Mar. 23, 2013>
1. A statement of reasons for the amendment of the articles of association;
2. Articles of association to be amended (including a comparison table between new and old provisions);
3. Minutes of the general meeting or the board of directors’ meeting related to the amendment of the articles of association;
4. In the case of amending the articles of association due to the disposal of fundamental property, documents stating the grounds for disposal, a list of property disposed of, method of disposal, etc.
(3) Deleted. <Dec. 8, 2014>
Article 9(Supervision over trade organization) #
(1) A trade organization shall submit the following documents to the Minister of Agriculture, Food and Rural Affairs within 2 months after the end of each business year: <Amended on Mar. 23, 2013>
1. A business plan and a budget plan for the following business year;
2. A business performance report and a statement of accounts for the relevant business year;
3. A list of property as of the end of the relevant business year.
(2) Except as provided in paragraph (1), matters necessary for the supervision of a trade organization shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
Article 10(Requirements for designation of exemplary food service business district) #
An exemplary food service business district referred to in Article 14 of the Act shall meet all of the following requirements: <Amended on Mar. 23, 2013; May 31, 2013; Dec. 8, 2014; Dec. 30, 2016>
1. Food service industry-related businesses, such as restaurants, account for at least 50 percent of all businesses in the district;
2. The number of restaurants in the district shall be at least 20;
3. The proportion of restaurants that have at least one person with a certificate related to the food service industry determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs, such as a culinary technician, culinary industry engineer, or nutritionist, is at least 40 percent of all restaurants in the district;
4. Restaurants designated as model restaurants by the government, local governments, and public institutions under the Food Sanitation Act, ordinances, etc. account for at least 10 percent of all restaurants in the district;
5. Food ingredients determined by Decree of the Ministry of Agriculture, Food and Rural Affairs account for at least 40 percent of all food ingredients used by the entire food service industry in the district.
Article 11(Application for designation of exemplary food service business district) #
A person intending to be designated as an exemplary food service business district pursuant to Article 14 (2) of the Act shall submit to the Minister of Agriculture, Food and Rural Affairs an application for an exemplary food service business district prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, accompanied by a business plan including the following matters and evidentiary documents verifying the requirements referred to in the subparagraphs of Article 10: <Amended on Mar. 23, 2013>
1. Matters regarding the enhancement of the characteristics of the food service business district;
2. Matters regarding the improvement of restaurant facilities and environment of the food service business district;
3. Matters regarding strengthening agricultural and fisheries cooperation, such as joint purchase of food ingredients;
4. Matters regarding training specialized human resources for the food service industry, such as cooking and service education;
5. Matters regarding publicity, such as cooking festivals and events;
6. Matters regarding stabilization of eating-out prices;
7. Other matters deemed by the Minister of Agriculture, Food and Rural Affairs as necessary to revitalize the food service industry.
Article 12(Procedures for designation of exemplary food service business district) #
(1) Where the Minister of Agriculture, Food and Rural Affairs intends to designate an exemplary food service business district under Article 14 of the Act, he or she shall consult thereon with the heads of relevant central administrative agencies. <Amended on Mar. 23, 2013>
(2) Upon receipt of a request for consultation under paragraph (1), the heads of the relevant central administrative agencies shall present their opinions within 30 days after receipt of such request, unless there is a compelling reason not to do so.
(3) In order to deliberate on details of the designation of an exemplary food service business district and revocation thereof, the Minister of Agriculture, Food, and Rural Affairs shall organize a review group for exemplary food service business districts (hereinafter referred to as "district review group") consisting of up to 15 persons, including the following persons: <Amended on Mar. 23, 2013>
1. Experts from food service-related academic circles, institutions, or organizations;
2. Consumers of food service products.
(4) Upon receipt of an application for the designation of an exemplary food service business district under Article 14 (2) of the Act, the district review group shall examine whether the relevant area meets the requirements under Article 10.
(5) The district review group shall report its findings to the Minister of Agriculture, Food and Rural Affairs immediately after the review conducted under paragraph (4). <Amended on Mar. 23, 2013>
(6) The Minister of Agriculture, Food, and Rural Affairs shall designate an exemplary food service business district based on a comprehensive consideration of the review results reported by the district review group under paragraph (5) and a business plan under Article 11. <Amended on Mar. 23, 2013>
(7) Details regarding the operation of exemplary food service business districts shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
Article 13(Revocation of designation of exemplary food service business district) #
The Minister of Agriculture, Food and Rural Affairs shall revoke the designation of an exemplary food service business district under Article 14 (5) of the Act if it falls under any of the following cases:
1. Where it is designated by fraud or other improper means;
2. Where it no longer meets the requirements under Article 10.
[This Article Wholly Amended on May 31, 2013]
Article 14(Encouragement of use of excellent food ingredients) #
(1) Persons eligible for support from policy measures designed to encourage the use of excellent food ingredients under Article 16 (3) of the Act shall be as follows:
1. Manufacturers, distributors, sellers, or brokers of food service products;
2. Food service business entities;
3. Schools and other institutional cafeterias and contract caterers;
4. Agricultural products and seafood pretreatment and processing companies;
5. Research and development institutions for excellent food ingredients;
6. A trade organization capable of encouraging the use of excellent food ingredients.
(2) Where a person eligible for support under paragraph (1) implements any of the following projects, the Minister of Agriculture, Food and Rural Affairs may fully or partially subsidize the project within budgetary limits: <Amended on Mar. 23, 2013>
1. A project for purchasing and selling excellent food ingredients;
2. A project for providing excellent food ingredients for group meals, etc.;
3. A project for establishing a system for supplying excellent food ingredients;
4. Other projects deemed by the Minister of Agriculture, Food and Rural Affairs as necessary to encourage the use of excellent food ingredients.
(3) Except as provided in paragraphs (1) and (2), matters necessary for the procedures for support from policy measures to encourage the use of excellent food ingredients shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
Article 15(Areas and standards for designation of excellent food service business entity) #
The designation of exemplary food service business entities under Article 17 (1) of the Act shall be divided into individual types, direct management, franchise business types, and group meal services, and detailed standards for such designation shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs according to the following classification: <Amended on Mar. 23, 2013>
1. Strengthening the competitiveness of restaurants;
2. Providing consumers with safe food service products;
3. Increasing consumption of excellent food ingredients;
4. Making efforts to stabilize eating-out prices.
Article 16(Procedures for designation of exemplary food service business entities) #
(1) A person intending to be designated as an exemplary food service business entity pursuant to Article 17 of the Act shall submit to the Minister of Agriculture, Food and Rural Affairs an application prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, accompanied by documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(2) In order to deliberate on details of the designation of an exemplary food service business entity and revocation thereof, the Minister of Agriculture, Food, and Rural Affairs shall organize a review group for exemplary food service business entities (hereinafter referred to as "business entity review group") consisting of up to 15 persons, including the following persons: <Amended on Mar. 23, 2013>
1. Experts from food service-related academic circles, institutions, or organizations;
2. Consumers of food service products.
(3) The business entity review group shall review an application for designation as an exemplary food service business entity based on detailed standards prescribed by Decree of the Ministry of Agriculture, Food, and Rural Affairs. <Amended on Mar. 23, 2013>
(5) The business entity review group shall report its findings to the Minister of Agriculture, Food and Rural Affairs immediately after the review conducted under paragraph (3). <Amended on Mar. 23, 2013>
(5) The Minister of Agriculture, Food, and Rural Affairs shall consider the review results reported by the business entity review group under paragraph (4) and designate a person deemed to meet the requirements for designation as an exemplary food service business entity. <Amended on Mar. 23, 2013>
(6) Details regarding the operation of exemplary food service business entities shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
Article 17(Exemplary food service business entity mark) #
An exemplary food service business entity mark that an exemplary food service business entity designated under Article 16 may display under Article 17 (2) of the Act shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
Article 18(Revocation of designation) #
Where an exemplary food service business entity falls under any of the following cases, the Minister of Agriculture, Food, and Rural Affairs shall revoke the designation thereof pursuant to Article 17 (3) of the Act: <Amended on Mar. 23, 2013>
1. Where it is designated by fraud or other improper means;
2. Where it no longer meets the detailed standards under Article 15;
3. Where it is subjected to suspension of business or a heavier administrative disposition for the violation of relevant statutes or regulations;
Article 19(Delegation of authority and entrustment of business affairs) #
(1) Pursuant to Article 18 of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"): <Amended on Mar. 23, 2013>
1. Designation of an exemplary food service business district and revocation thereof under Article 14 of the Act;
2. Designation of an exemplary food service business entity and revocation thereof under Article 17 of the Act.
(2) A Mayor/Do Governor may re-delegate part of the authority delegated by the Minister of Agriculture, Food and Rural Affairs pursuant to paragraph (1) to the head of a Si/Gun/autonomous Gu with approval from the Minister of Agriculture, Food and Rural Affairs. In such cases, the Mayor/Do Governor shall give public notice of the matters re-delegated. <Amended on Mar. 23, 2013>
(3) Pursuant to Article 18 of the Act, the Minister of Agriculture, Food and Rural Affairs shall entrust the Korea Agro-Fisheries and Food Trade Corporation under the Korea Agro-Fisheries and Food Trade Corporation Act with business affairs regarding the following: <Amended on Jan. 25, 2012; Mar 23, 2013>
1. Organization and operation of training programs to foster specialized human resources for the food service industry under Article 7 (2) of the Act;
2. Projects listed in the subparagraphs of Article 9 (1) of the Act;
3. Promoting standardization of food service products under Article 10 of the Act;
4. Preparation and management of statistics on the food service industry under Article 11 of the Act;
5. Support for the vitalization of management and distribution of the food service industry under Article 13 of the Act;
6. Formulation and implementation of policy measures for encouraging the use of excellent food ingredients under Article 16 of the Act and subsidization of associated expenses.
(4) Pursuant to Article 18 of the Act, the Minister of Agriculture, Food and Rural Affairs shall entrust the Administrator of the Rural Development Administration with business affairs regarding the research and development projects for food service products under Article 8 of the Act. <Amended on Mar. 23, 2013>
Article 19-2(Re-examination of regulation) #
The Minister of Agriculture, Food, and Rural Affairs shall examine the appropriateness of the requirements for designation of exemplary food service business districts under Article 10 every 3 years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements.
[This Article Wholly Amended on Mar. 3, 2020]
Article 20(Criteria for imposition of administrative fines) #
The criteria for imposing administrative fines under Article 20 (2) of the Act shall be as specified in the Appendix.