Article 13(Delegation of authority) #
(1) The Minister of Agriculture, Food and Rural Affairs shall delegate the following authority (excluding the authority over forest bio-resources and pathogen and microbial bio-resources among agricultural bio-resources defined in subparagraph 1 of Article 2 of the Act on the Conservation, Management, and Use of Agricultural Bio-Resources) to the Administrator of the Rural Development Administration in accordance with Article 23(1) of the Act: <Amended on Dec. 18, 2018>
1. Authority over the following matters, as the head of the competent national authority:
a. Supporting the fair and equitable sharing of benefits arising from domestic genetic resource(s) under Article 8(2)3 of the Act;
b. Processing a report on access to domestic genetic resource(s) or a report on changes under Article 9 of the Act;
c. Prohibiting or restricting access to and utilization of domestic genetic resource(s) under Article 12 of the Act;
d. Imposing and collecting administrative fines pursuant to Article 28(1)1 and (2) of the Act;
e. Investigating and managing the current status of utilizing genetic resource(s) under subparagraph 1 of Article 3;
f. Investigating and managing the establishment of mutually agreed terms on domestic genetic resource(s) and the implementation status thereof under subparagraph 2 of Article 3;
2. Authority over the following matters, as the head of the National Checkpoint:
a. Supporting persons who utilize foreign genetic resource(s) in the Republic of Korea, under Article 13(2)3 of the Act;
b. Processing procedural compliance reporting under Article 15 of the Act;
c. Investigating and recommending procedural compliance under Article 16 of the Act;
d. Imposing and collecting administrative fines pursuant to Article 28(1)2 of the Act.
(2) The Minister of Agriculture, Food and Rural Affairs shall delegate the authority prescribed in the subparagraphs of paragraph (1) about forest bio-resources among agricultural bio-resources defined in subparagraph 1 of Article 2 of the Act on the Conservation, Management, and Use of Agricultural Bio-Resources to the Minister of the Korea Forest Service in accordance with Article 23(1) of the Act. <Added on Dec. 18, 2018>
(3) The Minister of Agriculture, Food and Rural Affairs shall delegate the authority prescribed in the subparagraphs of paragraph (1) about pathogen and microbial bio-resources among agricultural bio-resources defined in subparagraph 1 of Article 2 of the Act on the Conservation, Management, and Use of Agricultural Bio-Resources to the Commissioner of the Animal and Plant Quarantine Agency in accordance with Article 23(1) of the Act. <Added on Dec. 18, 2018>
(4) The Minister of Health and Welfare shall delegate the following authority to the Commissioner of the Korea Disease Control and Prevention Agency under Article 23(1) of the Act: <Amended on Dec. 18, 2018; Sep. 11, 2020>
1. Authority over the following matters, as the head of the competent national authority:
a. Processing a report on access to domestic genetic resource(s) or a report on changes under Article 9 of the Act;
b. Prohibiting or restricting access to and utilization of domestic genetic resource(s) under Article 12 of the Act;
c. Monitoring and managing the current status of utilizing genetic resource(s) under subparagraph 1 of Article 3;
2. Authority over the following matters, as the head of the National Checkpoint:
a. Processing procedural compliance reporting under Article 15 of the Act;
b. Investigating and recommending procedural compliance under Article 16 of the Act.
(5) The Minister of Climate, Energy and Environment shall delegate the following authority to the President of the National Institute of Biological Resources in accordance with Article 23(1) of the Act: <Amended on Dec. 18, 2018; Oct. 1, 2025>
1. Authority over the following matters, as the head of the competent national authority:
a. Supporting the fair and equitable sharing of benefits arising from domestic genetic resource(s) under Article 8(2)3 of the Act;
b. Processing a report on access to domestic genetic resource(s) or a report on changes under Article 9 of the Act;
c. Imposing and collecting administrative fines pursuant to Article 28(1)1 and (2) of the Act;
d. Investigating and managing the current status of utilizing genetic resource(s) under subparagraph 1 of Article 3;
e. Investigating and managing the establishment of mutually agreed terms on domestic genetic resource(s) and the implementation status thereof under subparagraph 2 of Article 3;
2. Authority over the following matters, as the head of the National Checkpoint:
a. Supporting persons who utilize foreign genetic resource(s) in the Republic of Korea, under Article 13(2)3 of the Act;
b. Processing procedural compliance reporting under Article 15 of the Act;
c. Investigating and recommending procedural compliance under Article 16 of the Act;
d. Imposing and collecting administrative fines pursuant to Article 28(1)2 of the Act.
(6) The Minister of Oceans and Fisheries shall delegate the following authority (limited to the authority over fisheries bio-resources among marine and fisheries bio-resources defined in subparagraph 1 of Article 2 of the Act on Securing, Management and Use of Marine and Fisheries Bio-Resources) to the President of the National Institute of Fisheries Science in accordance with Article 23(1) of the Act: <Amended on Dec. 18, 2018>
1. Authority over the following matters, as the head of the competent national authority:
a. Supporting the fair and equitable sharing of benefits arising from domestic genetic resource(s) under Article 8(2)3 of the Act;
b. Processing a report on access to domestic genetic resource(s) or a report on changes under Article 9 of the Act;
c. Prohibiting or restricting access to and utilization of domestic genetic resource(s) under Article 12 of the Act;
d. Imposing and collecting administrative fines pursuant to Article 28(1)1 and (2) of the Act;
2. Authority over the following matters, as the head of the National Checkpoint:
a. Supporting persons who utilize foreign genetic resource(s) in the Republic of Korea, under Article 13(2)3 of the Act;
b. Processing procedural compliance reporting under Article 15 of the Act;
c. Investigating and recommending procedural compliance under Article 16 of the Act;
d. Imposing and collecting administrative fines pursuant to Article 28(1)2 of the Act.
[Title Amended on Dec. 18, 2018]