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FISHERY PRODUCTS DISTRIBUTION MANAGEMENT AND SUPPORT ACT — 법갈피

영문법령 / FISHERY PRODUCTS DISTRIBUTION MANAGEMENT AND SUPPORT ACT

FISHERY PRODUCTS DISTRIBUTION MANAGEMENT AND SUPPORT ACT

법률타법개정시행 2024-05-01해양수산부 · 제19807호 · 공포 2023-10-31

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to provide for matters to improve efficiency of the fishery products distribution systems and enhance the competitiveness of the fishery products distribution industry in order to protect both consumers and producers and to contribute to developing the national economy by establishing a safe and efficient distribution system for fishery products.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "fishery products" means products prescribed by Presidential Decree from among those produced from fishery industrial activities;

2. The term "fishery products distribution industry" means an industry established to wholesale and retail fishery products, and store, deliver, and package them, and provide information and services related thereto;

3. The term "fishery products distributor" means a person who runs a fishery products distribution business or any person who runs a fishery products distribution business in accordance with a contract with such person;

4. The term "fishery products auction house at the place of origin" means facilities for wholesaling fishery products established under Article 10, by a district fisheries cooperatives, fisheries cooperatives by type of business or fisheries cooperatives for fishery product processing under the Fisheries Cooperatives Act, the National Federation of Fisheries Cooperatives, or other producers’ association or producers prescribed by Presidential Decree;

5. The term "intermediate wholesaler at place of origin" means a person who engages in any of the following businesses upon designation by a person who establishes a fishery products auction house at the place of origin:

a. Business of wholesaling purchased fishery products offered at the market or brokering the trade of fishery products in auction house at the place of origin;

b. Business of wholesaling purchased or consigned fishery products not yet offered at the market with permission from a person who opens a fishery products auction house at the place of origin, or of brokering the trade of such fishery products;

Article 5(Formulation and implementation of master plans) #

(1) The Minister of Oceans and Fisheries shall, for the purpose of developing the fishery products distribution industry, formulate a master plan for the development of fishery products distribution (hereinafter referred to as "master plan") following consultation with the heads of relevant central administrative agencies and implement such plan every five years.

(2) Each master plan shall include the following matters:

1. Basic direction-setting for policies to develop the fishery products distribution industry;

2. Changes in conditions and future prospects of the fishery products distribution industry;

3. Quality control of fishery products;

4. Management of the supply of and demand for fishery products;

5. Laying the foundation for improving and advancing the fishery products distribution structures;

6. Research, development and dissemination of technologies related to the fishery products distribution industry;

7. Cultivation of professional human resources and informatization in the fishery products distribution industry;

8. Other matters deemed necessary by the Minister of Oceans and Fisheries to promote the development of the fishery products distribution industry.

(3) The Minister of Oceans and Fisheries may, if deemed necessary for developing a master plan, request the heads of relevant central administrative agencies to provide necessary materials. In such cases, upon receipt of such request, the heads of relevant central administrative agencies shall comply with such request, except in extenuating circumstances.

(4) When the Minister of Oceans and Fisheries formulates or amends a master plan, he or she shall publish the master plan formulated or amended, notify such plan to the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and submit it to the competent standing committee of the National Assembly without delay. <Added on Dec. 31, 2018>

(5) Other matters necessary for the procedures, methods, etc. for the formulation of a master plan shall be determined by Decree of the Ministry of the Oceans and Fisheries. <Amended on Dec. 31, 2018>

Article 14(Designation of intermediate wholesalers at place of origin) #

(1) Each person who intends to conduct a business of intermediate wholesale at the place of origin shall be designated by the establisher of an auction house.

(2) No establisher of an auction house shall designate any of the following persons as an intermediate wholesaler at the place of origin prescribed in paragraph (1): <Amended on Dec. 31, 2019>

1. A person declared bankrupt who has not yet been reinstated, or a person under adult guardianship;

2. A person sentenced to imprisonment without labor or a heavier punishment, in whose case the execution of such punishment has not been complete (including where the execution of the punishment is deemed not complete) or exempted;

3. A person in whose case two years have not passed from the date his or her designation as an intermediate wholesaler at the place of origin was revoked pursuant to Article 26(4) (excluding cases where designation was revoked as a person falls under subparagraph 1 of this paragraph);

4. A stockholder, executive or employee of the establisher of an auction house who intends to conduct intermediate wholesale businesses at the place of origin in competition with the businesses of the establisher of the relevant auction house;

5. A corporation, one of whose executives falls under any of subparagraphs 1 through 4;

6. A person who fails to satisfy the requirements for designation as an intermediate wholesaler at the place of origin prescribed by Decree of the Ministry of the Oceans and Fisheries, such as the minimum volume of business, a deposit to guarantee the payment of trading values, etc.;

7. Where a person violates any restriction imposed under this Act or other statutes.

(3) If an executive falls under paragraph (2)5, the corporate intermediate wholesaler at the place of origin shall dismiss such executive without delay.

(4) No intermediate wholesaler at the place of origin shall interfere with the participation in trading of another intermediate wholesaler at the place of origin or a trade participant at the place of origin or collectively boycotting the auction or bidding of fishery products.

(5) Where any establisher of an auction house designates an intermediate wholesaler at the place of origin pursuant to paragraph (1), it may set the period of validity of designation between five and ten years; provided, for a non-corporate intermediate wholesaler at the place of origin, the establisher of an auction house may set the period of validity of designation at between three and ten years.

(6) Where an intermediate wholesaler at the place of origin designated under paragraph (1) is designated by the establisher of a different auction house, such intermediate wholesaler at the place of origin may conduct businesses at that auction house as well.

Article 16(Appointment or dismissal and businesses of certified auctioneers at place of origin) #

(1) Any establisher of an auction house shall appoint a certified auctioneer at the place of origin for fair and expeditious trade at the auction house as prescribed by Decree of the Ministry of the Oceans and Fisheries.

(2) The establisher of an auction house shall appoint a person who has passed a qualifying examination for certified auctioneers at the place of origin under Article 17 as a certified auctioneer at the place of origin from among those not falling under any of the following:

1. A person under adult guardianship or a person under limited guardianship;

2. A person sentenced to imprisonment without labor or heavier punishment for committing any crime prescribed in this Act or any of the crimes falling under Articles 129 through 132 of the Criminal Act and in whose case two years has not passed from the date the execution of such punishment was complete (including where the execution of such punishment is deemed complete) or exempted;

3. A person who is under the suspension of execution or sentence of his or her imprisonment without labor or greater punishment declared by a court for committing any crime prescribed in this Act or any of the crimes falling under Articles 129 through 132 of the Criminal Act;

4. An intermediate wholesaler at the place of origin, executive, or employee of the relevant auction house;

5. A person in whose case two years has not passed since he or she was dismissed from office pursuant to Article 26(3);

6. A person whose business is under suspension pursuant to Article 26(3).

(3) Where a certified auctioneer at the place of origin falls under any of paragraph (2)1 through 4, the establisher of an auction house shall dismiss such certified auctioneer at the place of origin.

(4) A certified auctioneer at the place of origin shall perform the following duties:

1. Decision on the priority of auctions for fishery products offered at an auction house;

2. Evaluation of prices of fishery products offered at an auction house;

3. Decision on successful bidders on fishery products offered at an auction house;

4. Consultation on prices of fishery products offered at an auction house for trade at a fixed price, free trade, etc.

(5) A certified auctioneer at the place of origin shall be deemed a public official in applying Articles 129 through 132 of the Criminal Act.

Article 26(Cancellation of permission) #

(1) Where any establisher of an auction house falls under any of the following, the head of a Si/Gun/Gu may cancel permission for the opening of the relevant auction house, close down the relevant auction house, or take other necessary measures:

1. Where an establisher opens an auction house without obtaining permission referred to in Article 10(1);

2. Where an establisher operates its auction house in breach of the business regulations and operation and management plan submitted pursuant to Article 10(2);

3. Where an establisher amends the business regulations of its auction house without obtaining permission in violation of Article 10(3);

4. Where an establisher fails to comply with orders prescribed in Article 25.

(2) Where any establisher of an auction house falls under any of the following, the head of a Si/Gun/Gu may issue an order to suspend the relevant business for a fixed period of up to six months:

1. When failing to fulfill any of its duties prescribed in Article 13(1);

2. When designating an intermediate wholesaler at the place of origin in violation of Article 14(2);

3. When failing to employ a certified auctioneer at the place of origin or allowing a person who is not a certified auctioneer at the place of origin to conduct auction, in violation of Article 16(1);

4. When appointing a certified auctioneer at the place of origin in violation of Article 16(2);

5. When failing to dismiss the relevant certified auctioneer at the place of origin in violation of Article 16(3);

6. When wholesaling fishery products he or she has purchased in violation of Article 18(1);

7. When refusing or avoiding the consignment or sale of fishery products or unfairly discriminating in violation of Article 18(2);

8. When conducting auction or bidding in any manner that violates Article 19(2);

9. When failing to make a payment immediately in violation of Article 19(4);

10. When failing to make a public announcement or announcing a false fact in violation of Article 20(1);

11. When risking serious harm to the safety of shippers because the performance of operation based on a result of the assessment under Article 21(1) has fallen below the standards prescribed by Decree of the Ministry of the Oceans and Fisheries;

12. When failing to comply with an order issued under Article 21 (4);

13. When failing to undergo an inspection prescribed in Article 24 without just cause or interfering with such inspection.

(3) Where a certified auctioneer at the place of origin disrupts orderly trade at an auction house by improperly conducting the duties under Article 16(4), the establisher of an auction house may suspend the business of such certified auctioneer at the place of origin for a fixed period of up to six months or dismiss him or her from office.

(4) Where an intermediate wholesaler at the place of origin falls under any of the following, the establisher of an auction house may suspend the business of such intermediate wholesaler at the place of origin for a fixed period of up to six months or cancel his or her designation as an intermediate wholesaler at the place of origin:

1. When failing to meet any of the requirements for designation by falling under any of Article 14(2)1 through 4,6 or 7;

2. When failing to dismiss the relevant executive in violation of Article 14(3);

3. When he or she interferes with participation in trading of another intermediate wholesaler at the place of origin or a trade participant at the place of origin or fails to participate in auction or bidding collectively without good cause, in violation of Article 14(4).

(5) The criteria for punishment on each offense provided for in paragraphs (1) through (4) shall be prescribed by Decree of the Ministry of the Oceans and Fisheries.

(6) Where the establisher of an auction house cancels the designation of an intermediate wholesaler at the place of origin pursuant to paragraph (4), he or she shall post a notice of the details thereof on the Internet website designated and announced by the Minister of Oceans and Fisheries.

Article 27(Seafood Traceability System) #

(1) Among the following persons, a person who intends to participate in the Seafood Traceability System which records and manages information for each of the distribution stages of fishery products from the production or import to their sale (hereinafter referred to as "seafood traceability system") shall register with the Minister of Oceans and Fisheries:

1. A person who produces fishery products;

2. A person who distributes or sells fishery products (excluding a person who distributes or sells fishery products without changing indications or packaging; hereinafter the same shall apply).

(2) Notwithstanding paragraph (1), a person who produces, distributes, or sells fishery products prescribed by Presidential Decree shall register with the Minister of Oceans and Fisheries for the System.

(3) Where any of registered matters prescribed by Decree of the Ministry of the Oceans and Fisheries changes, the person who filed for registration for Traceability System pursuant to paragraph (1) or (2) shall report such changes to the Minister of Oceans and Fisheries within one month from the date a ground for such change arises.

(4) A person who has made registration for Traceability System pursuant to paragraph (1) may affix a traceability label to the relevant fishery products as prescribed by Decree of the Ministry of the Oceans and Fisheries, and a person who has registered for Traceability System pursuant to paragraph (2) shall affix a traceability label to the relevant fishery products.

(5) A person who produces, distributes or sells fishery products registered pursuant to paragraphs (1) and (2) (hereinafter referred to as "fishery products under seafood traceability system") shall record and keep the details of warehousing, delivery, and management necessary for traceability in accordance with the standards of Traceability System determined by Decree of the Ministry of the Oceans and Fisheries; provided, this shall not apply to persons prescribed by Presidential Decree, including peddlers, stall holders, etc., among those who distribute or sell fishery products under Seafood Traceability System.

(6) With respect to a person who has made registration for Traceability System pursuant to paragraph (1) or (2), the Minister of Oceans and Fisheries may wholly or partially subsidize the expenses incurred in traceability.

(7) Items subject to traceability, procedures for registration, matters to be registered, and other detailed matters necessary for registration shall be prescribed by Decree of the Ministry of the Oceans and Fisheries.

FISHERY PRODUCTS DISTRIBUTION MANAGEMENT AND SUPPORT ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State and local governments) #

Article 4(Relationship to other statutes) #

Article 5(Formulation and implementation of master plans) #

Article 6(Formulation and implementation of action plans) #

Article 7(Development, implementation of programs by local governments) #

Article 8(Fact-finding surveys) #

Article 9(Establishment of Fishery Products Distribution Development Council) #

Article 10(Establishing fishery products auction house at place of origin) #

Article 11(Areas where auction houses may establish) #

Article 12(Criteria for permission for auction houses) #

Article 13(Obligations of establishers of auction houses) #

Article 13-2(Restriction on place of trade in fishery products) #

Article 13-3(Hygiene control standards for auction house) #

Article 14(Designation of intermediate wholesalers at place of origin) #

Article 15(Reporting by trade participants at place of origin) #

Article 16(Appointment or dismissal and businesses of certified auctioneers at place of origin) #

Article 17(Qualifying examinations for certified auctioneers at place of origin) #

Article 18(Sales on consignment of fishery products at auction houses) #

Article 19(Methods for trading fishery products at auction houses and making payments) #

Article 20(Public announcement by auction houses) #

Article 21(Assessment of auction houses) #

Article 22(Support for repair or remodelling of auction houses) #

Article 22-2(Support for modernizing auction houses) #

Article 23(Reporting) #

Article 24(Inspections) #

Article 25(Orders) #

Article 26(Cancellation of permission) #

Article 27(Seafood Traceability System) #

Article 28(Period of validity of registration for Seafood Traceability System) #

Article 29(Submission of data for Seafood Traceability System) #

Article 30(Cancellation of Seafood Traceability System registration) #

Article 31(Traceability of imported fishery products) #

Article 32(Prohibition of false indication) #

Article 33(Post management of traceable fishery products) #

Article 34(Corrective measures for traceable fishery products) #

Article 35(Establishment of cold chain systems for fishery products) #

Article 36(Support for hygiene control of fishery products after fishing) #

Article 37(Prohibiting distribution of illegal fishery products) #

Article 38(Fisheries forecasting service) #

Article 39(Contract production) #

Article 40(Protection of producers in cases of overproduction) #

Article 41(Stockpile programs) #

Article 42(Support for fisheries products private purchase programs and release orders) #

Article 43(Treatment of losses from purchase or stockpiling programs) #

Article 44(Recommendation for import of fishery products) #

Article 45(Collection of profits from imports) #

Article 46(Promotion of standardization of fishery products) #

Article 47(Promotion of direct trade of fishery products) #

Article 48(Fishery products distribution center in proximity to the consumer market) #

Article 49(Establishment of Fisheries Products Processing and Marketing Center) #

Article 50(Fishery products demand development and consumption promotion) #

Article 51(Projects for informatization of distribution of fishery products) #

Article 52(Promotion of electronic commerce of fishery products) #

Article 53(Establishment of fishery products distribution associations) #

Article 54(Establishment of and support for organizations related to distribution of fisheries products) #

Article 55(Fostering of personnel specialized in fishery products distribution) #

Article 56(Penalty surcharges) #

Article 57(Hearings) #

Article 58(Delegation of authority) #

Article 59(Penalty provisions) #

Article 60(Penalty provisions) #

Article 61(Penalty provisions) #

Article 62(Joint penalty provisions) #

Article 63(Administrative fines) #