ENFORCEMENT DECREE OF THE FISHERY PRODUCTS DISTRIBUTION MANAGEMENT AND SUPPORT ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Fishery Products Distribution Management and Support Act and matters necessary for the enforcement thereof.

Article 2(Scope of fishery products) #

“Products prescribed by Presidential Decree” in subparagraph 1 of Article 2 of the Fishery Products Distribution Management and Support Act (hereinafter referred to as the "Act") means products produced through activities involved in fishery industry and aquaculture business defined in subparagraph 1 (a) and (e) of Article 3 of the Framework Act on Fisheries and Fishing Villages Development (in cases of wholesale products at a fishery products auction house at the place of origin, including those products produced through such activities and simply processed by methods such as salting). <Amended on Aug. 26, 2020>

Article 3(Persons who establish fishery products auction houses at place of origin) #

“Producer organizations or producers prescribed by Presidential Decree” in subparagraph 4 of Article 2 and Article 10 (1) of the Act means any of the following entities:

1. A fisheries partnership under Article 16 (2) of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;

2. A fisheries company under Article 19 (3) of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;

3. A fisher defined in subparagraph 3 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development (hereinafter referred to as "fisher");

4. A fishing village gye under Article 15 (1) of the Fisheries Cooperatives Act;

5. A cooperative or corporation organized by a fisheries cooperative by district under the Fisheries Cooperatives Act (hereinafter referred to as "fisheries cooperative by district"), a fisheries cooperative by type of business (hereinafter referred to as "fisheries cooperative by type of business"), or a fisheries cooperative for processing fishery products (hereinafter referred to as "fisheries cooperative for processing fishery products") for the purpose of establishing a fishery products auction house at the place of origin;

6. A cooperative or social cooperative established by at least 5 fishers in accordance with the Framework Act on Cooperatives to jointly produce fishery products or jointly sell, process, or export such products;

7. A corporation in which the total capital contributed by any of the following entities accounts for at least 50/100 of the total capital:

(a) Any entity specified in the subparagraphs 1 through 4;

(b) A fisheries cooperative by district;

(c) A fisheries cooperative by type of business;

(d) A fisheries cooperative for processing fishery products;

(e) The National Federation of Fisheries Cooperatives established under the Fisheries Cooperatives Act (hereinafter referred to as the "National Federation of Fisheries Cooperatives").

Article 4(Timing and scope of fact-finding surveys) #

(1) A fact-finding survey on the production and distribution industry of fishery products under Article 8 (1) of the Act (hereinafter referred to as “fact-finding survey”) shall be conducted in accordance with the following classifications; in such cases, if deemed necessary, such as when a periodic survey under subparagraph 1 needs to be conducted within 1 year from an occasional survey under subparagraph 2, the Minister of Oceans and Fisheries may adjust the timing for conducting the periodic survey or omit it:

1. Periodic survey: A survey conducted every 5 years to be used for the formulation of a master plan for the development of fishery products distribution under Article 5 (1) of the Act (hereinafter referred to as "master plan") or an action plan for the development of fishery products distribution under Article 6 (1) of the Act (hereinafter referred to as "annual action plan");

2. Occasional survey: A survey conducted when the Minister of Oceans and Fisheries deems it necessary for the formulation and implementation of a master plan or an annual action plan, such as in cases of instability in the fishery products supply and demand.

(2) The scope of fact-finding surveys shall be as follows:

1. The current status of domestic and international distribution of fishery products and the current status of distributors;

2. The current status of registration in the Seafood Traceability System (hereinafter referred to as the "Traceability System") and labeling of traceability under Article 27 of the Act;

3. The current status of quality and hygiene control of fishery products;

4. The current status of fishery products supply and demand, including quantities in terms of production, consumption, inventory, loss or depletion, and disposal;

5. Other matters necessary for the formulation and implementation of master plans or annual action plans.

(3) Where the Minister of Oceans and Fisheries has conducted a fact-finding survey, the Minister shall publish the results by posting them on the website of the Ministry of Oceans and Fisheries or by other means.

Article 5(Composition of Fishery Products Distribution Development Council) #

(1) The Fishery Products Distribution Development Council under Article 9 (1) of the Act (hereinafter referred to as the "Council") shall be comprised of up to 20 members, including 1 chairperson and 1 vice chairperson. <Amended on Apr. 30, 2024>

(2) The chairperson of the Council shall be appointed by the Minister of Oceans and Fisheries from among public officials belonging to the Senior Executive Service who are in charge of business affairs related to the distribution of fishery products in the Ministry of Oceans and Fisheries; and the vice chairperson of the Council shall be appointed by the Minister from among the members specified in the subparagraphs of paragraph (3). <Amended on Apr. 30, 2024>

(3) The following persons shall serve as members of the Council: <Amended on Apr. 30, 2024>

1. A person appointed by the Minister of Oceans and Fisheries from among public officials of the Ministry of Oceans and Fisheries;

2. A person designated by the Minister of Food and Drug Safety from among public officials of the Ministry of Food and Drug Safety;

3. A person designated by the Director of the National Fishery Products Quality Management Service (hereinafter referred to as the "Director of the National Fishery Products Quality Management Service") from among public officials of the National Fishery Products Quality Management Service;

4. Deleted; <Apr. 30, 2024>

5. Deleted. <Apr. 30, 2024>

(4) Deleted. <Apr. 30, 2024>

(5) The Council shall have 1 executive secretary to handle its administrative affairs. In such cases, the Minister of Oceans and Fisheries shall appoint the secretary from among public officials of the Ministry of Oceans and Fisheries. <Amended on Apr. 30, 2024>

[Title Amended on Apr. 30, 2024]

Article 6(Dismissal of members) #

(1) If a member specified in Article 5 (3) 1 falls under any of the following categories, the Minister of Oceans and Fisheries may dismiss the member: <Amended on Apr. 30, 2024>

1. Where the member becomes unable to perform the duties for an extended period due to mental or physical weakness or any other similar reason;

2. Where the member commits irregularities related to the duties;

3. Where the member is deemed unfit to serve as a member due to negligence, damage to dignity, or other reasons;

4. Where the member declares that he or she is unable to perform the duties.

(2) If a member falls under any category specified in the subparagraphs of paragraph (1), a person who has designated the member pursuant to Article 5 (3) 2 or 3 may revoke the designation of the member. <Amended on Apr. 30, 2024>

[Title Amended on Apr. 30, 2024]

Article 7(Duties of chairperson) #

(1) The chairperson shall represent the Council and have general supervision and control of its business affairs. <Amended on Apr. 30, 2024>

(2) The vice chairperson shall assist the chairperson and act on behalf of the chairperson if the chairperson is unable to perform his or her duties due to any unavoidable reason.

Article 8(Meetings) #

(1) The chairperson shall convene and preside over meetings of the Council. <Amended on Apr. 30, 2024>

(2) If the chairperson convenes a meeting, he or she shall notify each member of the Council of the date, time, venue, and agenda items of the meeting by not later than 7 days before the meeting.

(3) A majority of the members of the Council shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on Apr. 30, 2024>

(4) If deemed necessary in relation to matters subject to consultation, the Council may request relevant institutions or organizations to provide materials or require relevant experts, etc. to attend a meeting to hear their opinions. <Amended on Apr. 30, 2024>

Article 9 #

Deleted. <Apr. 30, 2024>

Article 10 #

Deleted. <Apr. 30, 2024>

Article 11(Allowances) #

Allowances or travel expenses may be paid or reimbursed to members and other relevant experts, etc. who attend a meeting of the Council within the budget; provided, this shall not apply if a public official attends a meeting of the Council in direct connection with his or her duties. <Amended on Apr. 30, 2024>

Article 12(Operating rules) #

Except as provided in this Decree, matters necessary for the operation of the Council shall be determined by the chairperson of the Council after resolution by the Council.

[This Article Wholly Amended on Apr. 30, 2024]

Article 13(Methods of administering qualifying examinations for certified auctioneers at place of origin) #

(1) Qualifying examinations for certified auctioneers at the place of origin under Article 17 (1) of the Act (hereinafter referred to as "qualifying examinations") shall be administered every 2 years, consisting of a primary examination and a secondary examination; provided, the Minister of Oceans and Fisheries may adjust the timing for administering a qualifying examination, if deemed necessary for the prompt recruitment of such auctioneers.

(2) Preliminary examinations shall be administered as multiple-choice written examinations for the following subjects; in such cases, successful examinees shall score at least 40 points out of 100 in each subject and achieve an average of at least 60 points across all subjects:

1. Statutes and regulations related to fishery products distribution, such as those regarding the management and support of fishery products distribution, the quality control of agricultural and fishery products, and the labeling of the origin of agricultural and fishery products;

2. Basic knowledge of distribution;

3. Practices of auction;

4. Evaluation of marketability.

(3) Secondary examinations shall be administered through a mock auction practical examination for persons who have passed a primary examination (including persons exempted from a primary examination pursuant to paragraph (4)). In such cases, successful examinees shall score at least 70 points out of 100.

(4) A preliminary examination or part of the subjects of a preliminary examination specified in the subparagraphs of paragraph (2) shall be exempted according to the following classifications:

1. Successful examinees of a primary examination: Exemption from a primary examination (limited to a primary examination of the qualification examination to be administered at the next session);

2. A person qualified as a certified auctioneer under the Act on Distribution and Price Stabilization of Agricultural and Fishery Products: Exempt from a primary examination;

3. A person qualified as a fishery product quality controller under the Agricultural and Fishery Products Quality Control Act: Exempt from the subjects specified in paragraph (2) 1 and 2.

Article 14(Collection of expenses) #

(1) The Minister of Oceans and Fisheries may collect the actual expenses incurred in administering qualifying examinations from persons who intend to apply for such examinations.

(2) The Minister of Oceans and Fisheries may collect the actual expenses incurred in issuing a certificate of qualification as a certified auctioneer at the place of origin from a person who intends to be issued with such certificate pursuant to Article 17 (2) of the Act.

Article 15(Fishery products subject to registration in Traceability System) #

“Fishery products prescribed by Presidential Decree” in Article 27 (2) of the Act means fishery products determined and publicly notified by the Minister of Oceans and Fisheries, from among the following fishery products:

1. Fishery products that are likely to cause harm to public health and that require identification of the causes of such harm, along with prompt measures to address them;

2. Fishery products with high consumption that have a significant impact on the diets of citizens;

3. Other fishery products deemed by the Minister of Oceans and Fisheries to be subject to the Traceability System, in consideration of handling methods, distribution channels, and other factors.

Article 16(Persons exempt from obligation to comply with traceability standards) #

“Persons prescribed by Presidential Decree, including peddlers and street vendors” in the proviso of Article 27 (5) of the Act means any of the following persons:

1. A person who engages in vending or peddling under Article 71 (1) 1 of the Enforcement Decree of the Value-Added Tax Act;

2. A producer who directly sells fishery products to consumers by mail or other means without using a distribution company.

Article 17(Follow-up management of traceable fishery products) #

(1) If the Minister of Oceans and Fisheries intends to investigate traceable fishery products (referring to fishery products registered pursuant to Article 27 (1) and (2) of the Act and those publicly notified by the Minister of Oceans and Fisheries pursuant to Article 31 (1) of the Act; hereinafter the same shall apply), inspect books of accounts and documents, or collect samples pursuant to Article 31 (1) of the Act, the Minister shall formulate a plan for the follow-up management of traceable fishery products each year and investigate traceable fishery products, inspect books of accounts and documents, or collect samples according to such plan.

(2) A plan for the follow-up management of traceable fishery products under paragraph (1) shall be formulated, in consideration of the transaction type, scale, and other relevant factors of traceable fishery products.

Article 18(Corrective measures for traceable fishery products) #

Corrective measures for traceable fishery products under Article 34 of the Act shall be taken in accordance with the following classifications:

1. In the case of subparagraph 1 of Article 34 of the Act: Corrective orders;

2. In the case of subparagraph 2 of Article 34 of the Act: Corrective orders or prohibition on the sale of the relevant item.

Article 19(Standards for establishment of cold chain distribution systems for fishery products) #

(1) The Minister of Oceans and Fisheries may determine and publicly notify standards for establishment, etc., if necessary to formulate and implement policy measures for establishing a cold chain distribution system, etc. in all distribution processes, from the production stage to the sale stage of fishery products or for providing support to fishery products distribution business entities pursuant to Article 35 of the Act.

(2) The standards for establishment, etc. under paragraph (1) shall be determined in consideration of the types of fishery products handled by fishery products distribution business entities, consumption patterns of fishery products, business characteristics of such business entities, and the scale of operations, among other factors.

(3) When the Minister of Oceans and Fisheries intends to determine and publicly notify the standards for equipment, etc. pursuant to paragraph (1), the Minister shall have a prior consultation with the Minister of Food and Drug Safety.

Article 20(Prohibition on distribution of illegal fishery products) #

(1) “Fishery products ... prescribed by Presidential Decree” in Article 37 (1) 2 of the Act means any of the following fishery products: <Amended on Jan. 10, 2023>

1. Any fishery product specified in subparagraphs 2 through 6 of Article 4 of the Food Sanitation Act;

2. Fishery products, the treatment of which is restricted or prohibited pursuant to Article 55 (1) 1 of the Fisheries Act.

(2) If the Minister of Oceans and Fisheries issues an order to restrict or prohibit the treatment of cultivated fish catches pursuant to Article 37 (2) 1 of the Act, the Minister shall determine and publicly notify the following:

1. The types of fish catches subject to orders restricting or prohibiting treatment;

2. The period of restriction or prohibition.

(3) If the Minister of Oceans and Fisheries issues an order to restrict or prohibit the packaging and containers of fishery products pursuant to Article 37 (2) 2 of the Act, the Minister shall determine and publicly notify the following information:

1. Grounds for restricting or prohibiting packaging and containers;

2. Details of restrictions or prohibition on use or sale of packaging and containers.

Article 21(Purchase and disposal of overproduced fishery products) #

(1) The Minister of Oceans and Fisheries may purchase the relevant fishery products pursuant to Article 40 (1) of the Act, in any of the following cases:

1. Where the price of fishery products is likely to decrease due to overproduction, despite efforts to adjust production or shipment;

2. Where the Minister of Oceans and Fisheries deems it necessary to protect producers, in the event of a red tide or any other similar circumstances.

(2) When the Minister of Oceans and Fisheries intends to purchase fishery products pursuant to paragraph (1), the Minister shall preferentially purchase fishery products produced by any of the following producers or producer organizations:

1. A producer or producer organization that has concluded a production or shipment contract under Article 39 of the Act;

2. A producer who has agreed to shipment pursuant to Article 41 (1) of the Act.

(3) The Minister of Oceans and Fisheries may sell, export, donate, or discard fishery products purchased pursuant to paragraph (1), or take other necessary disposal actions with respect to such products pursuant to Article 40 (2) of the Act.

(4) When the Minister of Oceans and Fisheries purchases fishery products pursuant to paragraph (1), the Minister shall calculate the estimated amount of funds necessary for such purchase and purchase the fishery products within that scope, and shall settle the expenses incurred in the purchase and disposal of the relevant fishery products upon completion of the disposal of the products pursuant to paragraph (3). <Amended on Jan. 5, 2021>

(5) The Minister of Oceans and Fisheries shall determine the standards for calculating expenses, such as program management expenses that are difficult to estimate in connection with the purchase and disposal of fishery products under Article 40 of the Act, as well as other detailed matters necessary for the purchase and disposal of fishery products and the settlement of expenses therefor.

Article 22(Details of stockpile programs) #

The details of stockpile programs for fishery products under Article 41 (1) of the Act (hereinafter referred to as "stockpile programs") shall be as follows: <Amended on Mar. 27, 2018>

1. Taking disposal actions related to fishery products for stockpiling, including purchase, import (including futures trading under Article 41 (4) of the Act), packaging, transportation, storage, sale, export, and donation;

2. Concluding contracts for fishing, aquaculture, or presale to secure fishery products for stockpiling.

Article 23(Disbursement and management of funds for stockpile programs) #

(1) The Minister of Oceans and Fisheries shall calculate the estimated amount of funds necessary for stockpile programs from the Fisheries Development Fund established pursuant to Article 46 of the Framework Act on Fisheries and Fishing Villages Development and shall implement stockpile programs with such funds. <Amended on Jan. 5, 2021>

(2) Upon completion of a stockpile program implemented pursuant to paragraph (1), the Minister of Oceans and Fisheries shall settle the accounts for the relevant stockpile program.

(3) The Minister of Oceans and Fisheries shall determine the standards for calculating expenses, such as program management expenses that are difficult to estimate in connection with stockpile programs, as well as other detailed matters necessary for the management, sale, and settlement related to such programs.

Article 24(Settlement of losses for fishery product purchases and stockpile programs) #

(1) Pursuant to Article 43 of the Act, the Minister of Oceans and Fisheries shall determine the maximum amount of management expenses that can be treated as costs for each program for purchasing under Article 40 of the Act or for each stockpile program.

(2) Necessary matters, such as the detailed methods for calculating the maximum amount of management expenses for each program under paragraph (1) shall be determined by the Minister of Oceans and Fisheries.

Article 25(Promotion of direct trade in fishery products) #

“Organizations prescribed by Presidential Decree” in Article 47 (2) of the Act means any of the following organizations: <Amended on Apr. 30, 2024>

1. A consumer organization defined in subparagraph 3 of Article 2 of the Framework Act on Consumers;

2. An organization designated by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si (including the head of an administrative Si under Article 11 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Gun/Gu (the head of a Gu means the head of an autonomous Gu), as deemed necessary to promote direct trade in fishery products.

Article 26(Fishery Products Distribution Association) #

(1) A fishery products distribution business entity that intends to obtain authorization for the establishment of a Fishery Products Distribution Association (hereinafter referred to as the "Association") pursuant to Article 53 (1) of the Act shall file an application for authorization with the Minister of Oceans and Fisheries.

(2) Upon receipt of an application for authorization for the establishment of the Association under paragraph (1), the Minister of Oceans and Fisheries may grant authorization in consideration of the significant contribution to the development of the fishery products distribution industry, the representativeness of fishery products distribution business entities, and other relevant factors.

(3) “Business affairs prescribed by Presidential Decree” in Article 53 (5) 6 of the Act means the following:

1. Research and development of technologies, as well as projects for the collection, survey, and research of foreign materials, necessary for fostering and developing the fisheries products distribution industry;

2. Consultation and guidance on the management improvement of fishery products distribution business entities;

3. Promotion of overseas cooperation for the development of the fishery products distribution industry;

4. Publicity of fishery products and the fishery products distribution industry;

5. Other business affairs prescribed by the articles of incorporation of the Association.

(4) The articles of incorporation of the Association shall include the following:

1. Objectives;

2. Name;

3. Principal place of business;

4. Matters regarding membership enrollment and withdrawal;

5. Matters regarding its business affairs;

6. Matters regarding general meetings and the board of directors;

7. Matters regarding executive officers;

8. Matters regarding the organization and its operation;

9. Matters concerning assets and accounting;

10. Matters regarding dissolution;

11. Matters regarding amendments and modification of the articles of incorporation;

Article 27(Criteria for imposition of penalty surcharges) #

The criteria for the imposition of penalty surcharges under Article 56 (3) of the Act shall be as specified in attached Table 1.

Article 28(Delegation and entrustment of authority) #

(1) The Minister of Oceans and Fisheries shall delegate his or her authority over the following business affairs to the Director of the National Fisheries Quality Management Service pursuant to Article 58 (1) of the Act: <Amended on Sep. 29, 2020; Apr. 27, 2022; Feb. 24, 2023>

1. Registration in the Traceability System under Article 27 (1) or (2) of the Act and acceptance of reports on modification of registered matters under paragraph (3) of that Article;

2. Approval for the extension of the validity period of registration in the Traceability System under the main clause of Article 28 (3) of the Act;

3. Request for submission of materials under Article 29 (1) of the Act;

4. Revocation of registration in the Traceability System and orders to prohibit the labeling of traceability under Article 30 (1) of the Act;

5. Acceptance of reports on importation and distribution traceability records under Article 31 (1) of the Act;

6. Examination, inspection, and sample collection under Article 33 (1) of the Act;

7. Corrective orders and measures to prohibit sale under Article 34 of the Act;

8. Order for restriction or prohibition under Article 37 (2) of the Act;

9. Survey of the inventory of major fishery products under Article 38 (1) of the Act;

10. Hearings on dispositions under subparagraphs 5 and 6 of Article 57 of the Act;

11. Imposition and collection of administrative fines under the subparagraphs of Article 63 (1) of the Act and paragraph (2) 3 and 4 of that Article.

(2) The Minister of Oceans and Fisheries shall delegate authority over the implementation of projects to foster personnel specializing in the distribution of fishery products under Article 55 (1) of the Act to the president of the Oceans and Fisheries Human Resources Development Institute pursuant to Article 58 (1) of the Act.

(3) The Minister of Oceans and Fisheries shall entrust a fact-finding survey under Article 8 (1) of the Act and business affairs related to the request for materials under the former part of paragraph (2) of that Article to the Korea Maritime Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes pursuant to Article 58 (2) of the Act. <Amended on Apr. 30, 2024>

Article 29(Management of personally identifiable information) #

(1) The Minister of Oceans and Fisheries (including persons entrusted with authority over the duties of the Minister of Oceans and Fisheries pursuant to Article 58 of the Act) may manage data containing resident registration numbers or foreign registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following business affairs:

1. Business affairs regarding the management of qualification examinations (including the issuance of certificates of qualification for certified auctioneers at the place of origin) under Article 17 (1) of the Act;

2. Business affairs regarding the purchase of fishery products under Article 40 (1) of the Act;

3. Business affairs regarding stockpile programs.

(2) A person who establishes a fishery products auction house at the place of origin under Article 10 (1) of the Act may manage data containing resident registration numbers or foreign registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following business affairs:

1. Business affairs regarding the designation of intermediate wholesalers at the place of origin under Article 14 of the Act;

2. Business affairs regarding the acceptance of reports filed by trade participants at the place of origin under Article 15 of the Act;

3. Business affairs regarding the appointment and dismissal of certified auctioneers at the place of origin under Article 16 of the Act.

Article 30(Criteria for imposition of administrative fines) #

The criteria for the imposition of administrative fines under Article 63 (1) and (2) of the Act shall be as specified in attached Table 2.