Article 63(Delegation and entrustment 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 39(1) of the Act: <Amended on Mar. 21, 2023; Mar. 4, 2025; Jun. 2, 2025>
1. Investigation or collection and inspection of books or documents under Article 17(2) and (3) of the Act (limited to where verification is conducted as to whether the following matters to be observed are implemented):
a. Maintenance of the shape and function of farmland under subparagraph 1 of Article 12 of the Act;
b. Intervals and limits of pesticides under subparagraph 2 of Article 12 of the Act (limited to the stage of producing agricultural products);
c. Matters to be observed under subparagraph 4 of Article 12 of the Act and subparagraph 1a through c and e (limited to the stage of producing agricultural products), and f of Appendix 3 (limited to the measures under Article 63(1)1 of the Agricultural and Fishery Products Quality Control Act);
d. Obligation to retain and keep documents, etc. of registrants of basic direct payments under Article 18 of the Act (limited to documents, etc. related to the matters to be observed under items a through c of this subparagraph, among the matters to be observed under Article 12 of the Act);
1-2. Operation of the integrated management system for public direct payments under Article 36(1);
2. Disclosure of information on applicants for and recipients of public direct payments, and receipt, examination, and notification of objections to such disclosure under Article 37 of the Act (limited to matters regarding environment-friendly livestock direct payments);
3. Commission of honorary monitors, receipt of reports on violations, and reimbursement of expenses under Article 40 of the Act;
4. Processing of reports and granting of monetary awards under Article 41 of the Act;
5. Imposition and collection of administrative fines under Article 45(1)1 of the Act (limited to violations regarding investigation or collection and inspection of books or documents under subparagraph 1 of this paragraph);
6. Imposition and collection of administrative fines under Article 45(1)2 of the Act (limited to violations regarding an obligation to retain and keep documents, etc. related to the matters to be observed under subparagraph 1a through c of this paragraph, among the matters to be observed under Article 12 of the Act);
7. Deleted. <Mar. 4, 2025>
(2) The Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under Article 39(1) of the Act:
1. Making of basic direct payments under Article 7 of the Act (including direct payments for small-scale farm households and area direct payments under Articles 10 and 11 of the Act);
2. Recognition as to whether farmland, etc. can be used for rice farming under Article 8(2)1a of the Act and agriculture under subparagraph 6 of that paragraph;
3. Registration of persons eligible for basic direct payments under Article 15 of the Act;
4. Registration of a change to the status as a person eligible for basic direct payments, reports on transfer, lease, or lease free of charge of farmland, etc. eligible for payment, and receipt of reports on succession to the status of a registrant of basic direct payments under Article 16 of the Act;
5. Investigation of registered matters regarding basic direct payments under Article 17(1) of the Act;
6. Investigation or collection and inspection of books or documents under Article 17(2) and (3) of the Act (limited to where verification is conducted as to whether the following matters to be observed are implemented):
a. Intervals and limits of pesticides under subparagraph 2 of Article 12 of the Act (limited to the stages of distributing and selling agricultural products);
b. Limits of chemical fertilizers under subparagraph 2 of Article 12 of the Act;
c. Matters to be observed under subparagraph 4 of Article 12 of the Act and subparagraph 1e (limited to the stages of distributing and selling agricultural products), f (limited to restriction on shipment under Article 38-2(2) of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products), and g through m of Appendix 3;
d. Obligation to retain and keep documents, etc. of registrants of basic direct payments under Article 18 of the Act (limited to documents, etc. related to the matters to be observed under items a through c of this subparagraph among the matters to be observed under Article 12 of the Act, and documents, etc. related to registered matters under Articles 15 and 16 of the Act);
7. Restriction on making basic direct payments or registering persons eligible for payment under Article 19 of the Act;
8. Recovery of unjust gains and imposition and collection of additional monetary sanctions and additional charges under Article 20 of the Act;
9. Disclosure of information on applicants for and recipients of public direct payments, and receipt, examination, and notification of objections to such disclosure under Article 37 of the Act (excluding matters regarding environment-friendly livestock direct payments);
10. Processing of reports under Article 41 of the Act (excluding matters regarding environment-friendly livestock direct payments);
11. Imposition and collection of administrative fines under Article 45(1)1 of the Act (limited to violations regarding investigation or collection and inspection of books and documents under Article 17(1) of the Act and subparagraph 6 of this paragraph);
12. Imposition and collection of administrative fines under Article 45(1)2 of the Act (limited to violations regarding documents, etc. related the matters to be observed under subparagraph 6a through c of this paragraph, among the matters to be observed under Article 12 of the Act, and registered matters under Articles 15 and 16 of the Act).
(3) The Director General of the National Agricultural Products Quality Management Service may re-delegate part of the authority delegated under paragraph (1) to the head of an affiliated agency after obtaining approval from the Minister of Agriculture, Food and Rural Affairs. In such cases, the Director General of the National Agricultural Products Quality Management Service shall publicly notify the details of the authority re-delegated.