Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Livestock Farm Alliance Systems and matters necessary for the enforcement thereof.
Article 2(Requirements for Registration of Vertical Integration) #
(1) A person who intends to engage in vertical integration in the livestock industry (hereinafter referred to as "vertical integration") pursuant to Article 5-3 (1) of the Act on Livestock Farm Alliance Systems (hereinafter referred to as the "Act") shall file for registration of each type of livestock prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor").
(2) “Corporations prescribed by Presidential Decree, such as a corporation prescribed by the Act on Fostering and Supporting Agricultural and Fisheries Business Entities” in Article 5-3 (1) 1 (c) of the Act means any of the following corporations:
1. An agricultural incorporated association under Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities or an agricultural corporation under Article 19 of the same Act;
2. Cooperatives or cooperative federations under Article 2 of the Agricultural Cooperatives Act;
3. Joint business corporations under Article 112-3 of the Agricultural Cooperatives Act or item cooperative federations under Article 138 of that Act;
4. The NongHyup Agribusiness Group or its subsidiaries under Article 161-2 of the Agricultural Cooperatives Act;
5. Cooperative under subparagraph 1 of Article 2 of the Framework Act on Cooperatives or federation of cooperatives under subparagraph 2 of the same Article.
Article 3(Procedures for Registration of Vertical Integration) #
(1) A person who intends to register vertical integration pursuant to Article 5-3 (1) of the Act shall submit an application for registration of vertical integration prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the Mayor/Do Governor having jurisdiction over the location of his or her principal place of business, along with documents prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(2) Unless the application for registration under paragraph (1) falls under any of the following cases, the Mayor/Do Governor shall grant registration thereof:
1. Where it fails to meet the requirements for registration under Article 5-3 (1) and (3) of the Act;
2. Where an applicant for registration falls under any ground for disqualification under Article 5-5 of the Act.
(3) Where vertical integration is registered pursuant to paragraph (2), the Mayor/Do Governor shall enter such fact in the vertical integration register prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs pursuant to Article 5-3 (2) of the Act and issue a certificate of vertical integration registration prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(4) Except as otherwise provided in paragraphs (1) through (3), matters necessary for procedures for the registration of vertical integration shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
Article 4(Criteria for Imposition of Penalty Surcharges) #
Standards for the imposition of penalty surcharges under Article 5-7 (1) of the Act shall be as specified in attached Table 1.
Article 5(Imposition and Payment of Penalty Surcharges) #
(1) When the Mayor/Do Governor intends to impose a penalty surcharge pursuant to Article 5-7 (1) of the Act, he or she shall give a written notice to a person subject to the imposition of the penalty surcharge (hereinafter referred to as “person liable to pay the penalty surcharge”), specifying the type of violation, the amount of the penalty surcharge, and the deadline for payment thereof.
(2) Upon receipt of the notification pursuant to paragraph (1), a person liable to pay the penalty surcharge shall pay such surcharge to the receiving institution designated by the Mayor/Do Governor by the deadline for payment of the penalty surcharge. <Amended on Dec. 12, 2023>
(3) The receiving institution which has received the penalty surcharge pursuant to paragraph (2) shall issue a receipt to the person who has paid the penalty surcharge, and notify the Mayor/Do Governor, without delay, of the fact of receiving the penalty surcharge.
Article 6(Extension of Deadlines for Payment of Penalty Surcharges and Installment Payment) #
Where the Mayor/Do Governor postpones the payment deadline of penalty surcharges under Article 5-7 (1) of the Act or allows for installment payment thereof pursuant to the proviso of Article 29 of the Framework Act on Administration, the extended payment deadline shall not exceed 1 year from the following day of the payment deadline; the interval between each installed payment shall not exceed 4 months; and the number of time of installment payments shall not exceed 3 times.
[This Article Wholly Amended on Dec. 12, 2023]
Article 7(Demand for Payment of Penalty Surcharges) #
Where a person notified of the payment of a penalty surcharge under Article 5-7 (1) of the Act fails to pay the penalty surcharge by the payment deadline, the Mayor/Do Governor shall issue a demand notice within 7 days from the date on which the payment deadline expires. In such cases, the payment deadline shall be within 10 days from the date on which the demand notice is issued.
Article 8(Measures against Defaulters of Penalty Surcharges) #
Where a person liable to pay the penalty surcharge fails to pay such surcharge by the payment deadline even after receiving a demand notice under Article 7, the Mayor/Do Governor shall revoke the imposition of the penalty surcharge pursuant to the main sentence of Article 5-7 (4) of the Act.
Article 9(Additional Interest Rate) #
“Interest rate prescribed by Presidential Decree” in Article 8 (6) of the Act means the statutory interest rate under Article 54 of the Commercial Act.
Article 10(Procedures for Corrective Measures) #
(1) Where the Minister of Agriculture, Food and Rural Affairs or the Mayor/Do Governor issues an order to take corrective measures pursuant to Article 31 (1) of the Act, he or she shall do so in writing stating the following matters:
1. Violations of the Act;
2. Details of corrective orders;
3. Deadline for performance of corrective orders;
4. Measures in cases of failing to comply with corrective orders.
(2) Where the Mayor/Do Governor issues a corrective order pursuant to Article 31 (1) of the Act, he or she shall report any violation of the Act and the details of the corrective order to the Minister of Agriculture, Food and Rural Affairs.
(3) A person in receipt of an order under paragraph (1) shall submit a performance plan for the corrective order within 10 days from the date of receipt of the order, and shall report the details of the performance without delay when he or she complies with such order.
(4) Where the Minister of Agriculture, Food and Rural Affairs or the Mayor/Do Governor intends to order a party to whom a corrective order has been issued pursuant to Article 31 (1) of the Act to publish the fact that he or she has received corrective orders, he or she shall specify the details, number, and medium of publications, the size of pages, etc. in consideration of the following:
1. Details and degree of violations;
2. Periods and frequency of violations.
(5) The Minister of Agriculture, Food and Rural Affairs or the Mayor/Do Governor may require a party who intends to publish the fact that he or she has received a corrective order in compliance with an order for publication issued under paragraph (4) to consult in advance on the text, etc. of such order.
Article 11(Handling of Personally Identifiable Information) #
If it is deemed inevitable for carrying out the following administrative affairs, the Minister of Agriculture, Food and Rural Affairs or the Mayor/Do Governor may handle materials containing a resident registration number under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs concerning the registration of vertical integration under Article 5-3 of the Act;
2. Affairs concerning reporting for change under Article 5-4 of the Act;
3. Affairs concerning grounds for disqualification of registration of vertical integration under Article 5-5 of the Act;
1. Affairs concerning revocation of registration of vertical integration under Article 5-6 of the Act;
5. Affairs concerning construction and operation of an information system under Article 5-9 of the Act;
6. Affairs concerning registration of disclosure documents, permission for the change, and reports on changes under Article 9-2 of the Act;
7. Affairs concerning revocation of registration of disclosure documents under Article 9-4 of the Act;
8. Affairs concerning evaluation and grading of vertical integrators under Article 10 of the Act;
9. Affairs concerning verification of grounds for disqualification of members of the Dispute Mediation Committee on Vertical Integration in the Livestock Industry under Article 21 of the Act;
10. Affairs concerning investigation of offenses under Article 29-3 of the Act;
11. Affairs concerning reporting, inspection, and disclosure under Article 32 of the Act.
Article 12(Criteria for Imposition of Administrative Fines) #
The criteria for imposing administrative fines under Article 37 (1) through (4) of the Act shall be as specified in attached Table 2.