Article 1(Purpose) #
The purpose of this Act is to contribute to consumer protection by ensuring that foods, etc. are accurately labeled and advertised thus guaranteeing right to know for consumers and establishing sound trading practices.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Aug. 17, 2021>
1. The term "food" has the same meaning as defined in subparagraph 1 of Article 2 of the Food Sanitation Act (including foods imported from overseas);
2. The term "food additive" has the same meaning as defined in subparagraph 2 of Article 2 of the Food Sanitation Act (including food additives imported from overseas);
3. The term "apparatus" has the same meaning as defined in subparagraph 4 of Article 2 of the Food Sanitation Act (including apparatus imported from overseas);
4. The term "container or package" has the same meaning as defined in subparagraph 5 of Article 2 of the Food Sanitation Act (including containers and packages imported from overseas);
5. The term "health functional food" has the same meaning as defined in subparagraph 1 of Article 3 of the Health Functional Foods Act (including health functional foods imported from overseas);
6. The term "livestock product" has the same meaning as defined in subparagraph 2 of Article 2 of the Livestock Products Sanitary Control Act (including livestock products imported from overseas);
7. The term "label (or labeling)" means letters, figures or graphic matters written or printed upon any food, food additive, apparatus, container, package, health functional food or livestock product (hereinafter referred to as "food, etc.") or upon any of its containers or wrappers (including paper, etc. attached to the inside of such containers or wrappers);
8. The term "nutrition facts label (or labeling)" means the display of information about nutrients, such as the amount of nutrients contained in a food, food additive, health functional food and livestock product;
9. The term "sodium content comparison label (or labeling)" means the display of the sodium content in a food in comparison with the sodium content in any food of the same or a similar type using colors and charts that are readily understandable by consumers;
10. The term "advertising" means the act of displaying or providing information about a food, etc. using voice, sound or images through radio, television, newspapers, magazines, the Internet, printed matters, billboards or by any other means;
11. The term "business entity" means any of the following construction:
(a) A person who holds a license required under Article 5 of the Health Functional Foods Act or who filed a report in accordance with Article 6 of that Act;
(b) A person who holds a license required under Article 37 (1) of the Food Sanitation Act or who filed a report or was registered in accordance with Article 37 (4) or (5) of that Act;
(c) A person who holds a license required under Article 22 of the Livestock Products Sanitary Control Act or who filed a report in accordance with Article 24 of that Act;
(d) A person whose business was registered in accordance with Article 15 (1) of the Special Act on Imported Food Safety Control.
12. The term "use-by date" refers to the date by which consuming is safe if the storage method indicated on the food, etc. is observed.
Article 3(Relationship with other Acts) #
This Act shall prevail over other statutes with respect to the labeling and advertising of food, etc.
Article 4(Labeling standards) #
(1) A food, etc. shall be labeled with the following information; provided, part of the following information may be stated on the label of a food, etc. in any case prescribed by Prime Ministerial Decree: <Amended on Aug. 17, 2021>
1. Food, food additive or livestock product:
(a) Product name, net quantity and names of ingredients;
(b) Name and location of the place of business;
(c) Warnings for consumer safety;
(d) Date of manufacture, use-by date or best before date;
(e) Any other necessary matters prescribed by Prime Ministerial Decree to provide consumers with information about the food, food additive or livestock product;
2. Apparatus, container or package:
(a) Material;
(b) Name and location of the place of business;
(c) Warnings for consumer safety;
(d) Any other necessary matters prescribed by Prime Ministerial Decree to provide consumers with information about the apparatus, container or package;
3. Health functional food:
(a) Product name, net quantity and names of ingredients;
(b) Name and location of the place of business;
(c) Use-by date and storage instructions;
(d) Dosage, suggested use and warnings of use;
(e) An expression or mark describing that the product is a functional health food;
(f) A statement that this health functional food is not a drug intended to prevent, treat or cure any disease;
(g) Information about functions as defined in subparagraph 2 of Article 3 of the Health Functional Foods Act and the contents of ingredients, etc. that has the asserted functional effect in the raw materials;
(h) Any other necessary matters prescribed by Prime Ministerial Decree to provide consumers with information about the health functional food.
(2) Persons obligated to label food, etc. under paragraph (1) and labeling guidelines, such as information to be stated, type sizes and locations, shall be prescribed by Prime Ministerial Decree.
Article 4-2(Indication of braille and codes for conversion into voice or sign language videos for persons with visual or hearing impairment) #
(1) A person who manufactures, processes, repackages in smaller amounts, or imports a food, etc. may indicate braille and codes for the conversion into voice or sign language videos on food, etc. to make them available to persons with visual or hearing impairments.
(2) The Minister of Food and Drug Safety shall prepare guidelines on the subjects, standards, methods, etc. for indicating braille and codes for the conversion into voice or sign language videos for persons with visual or hearing impairments.
(3) The Minister of Food and Drug Safety may provide administrative support necessary for indications under paragraph (1).
[This Article Added on Jun. 13, 2023]
Article 5(Nutrition facts label) #
(1) A person who manufactures, processes, repackages in smaller amounts or imports a food, etc. (excluding any apparatus, container and package; hereafter the same shall apply in this Article) shall place a nutrition facts label on foods, etc. prescribed by Prime Ministerial Decree.
(2) Matters necessary for nutrition facts under paragraph (1) and labeling guidelines shall be prescribed by Prime Ministerial Decree.
(3) No food, etc. not bearing the nutrition facts label required under paragraph (1) or violating the labeling guidelines under paragraph (2) shall be sold, manufactured, processed, repackaged in smaller amounts, imported, packaged, stored, displayed or transported for sale, or used for business.
Article 6(Sodium content comparison label) #
(1) A person who manufactures, processes, repackages in smaller amounts or imports a food, etc. shall place a sodium content comparison label on food, etc. prescribed by Prime Ministerial Decree.
(2) Standards for the sodium content comparison label required under paragraph (1), labeling guidelines and other necessary matters shall be prescribed by Prime Ministerial Decree.
(3) No food, etc. not bearing a sodium content comparison label required under paragraph (1) or violating the labeling guidelines under paragraph (2) shall be sold, manufactured, processed, repackaged in smaller amounts, imported, packaged, stored, displayed or transported for sale, or used for business.
Article 7(Advertising standards) #
(1) The advertising of a food, etc. shall contain the name of the food, etc. and the name of the place of business.
(2) Except as provided in paragraph (1), matters to be complied with in advertising foods, etc. shall be prescribed by Prime Ministerial Decree.
Article 8(Prohibition of false labeling or advertising) #
(1) No person shall label or advertise a food, etc. with respect to the matters prescribed by Presidential Decree, such as the name, manufacturing methods, or ingredients of the food, etc., in any of the following manners: <Amended on Aug. 17, 2021>
1. Labeling or advertising a food, etc. to mislead consumers into believing that the food, etc. is effective in preventing, treating, or curing any disease;
2. Labeling or advertising a food, etc. to mislead consumers into believing that the food, etc. is a drug;
3. Labeling or advertising a food, etc. to mislead consumers into believing that the food, etc. is a health functional food;
4. Labeling or advertising a food, etc. in a false or exaggerated manner;
5. Labeling or advertising a food, etc. in a deceptive manner;
6. Labeling or advertising any company or its product in a slanderous manner;
7. Labeling or advertising a company or its food, etc., by means of false comparison with another business entity or its food, etc. without objective evidence;
8. Labeling or advertising in a manner that seriously disturbs public order or social morality using an expression which encourages speculation or is obscene;
9. Labeling or advertising that uses the trade name, trademark, container, packaging, etc. that is the same as or similar to a product other than the food, etc. prescribed by Prime Ministerial Decree, and thus may be mistaken for or confused with the relevant product;
10. Labeling or advertising without a review required under Article 10 (1) or without following the review results in violation of Article 10 (4).
(2) Further details about the labeling and advertising described in each subparagraph of paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
Article 8-2(Recommendations to business entities labeling or advertising narcotics) #
(1) The Minister of Food and Drug Safety, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) may recommend business entities, etc. not to label or advertise narcotic drugs prescribed by Prime Ministerial Decree, among narcotics defined in subparagraph 1 of Article 2 of the Narcotics Control Act, and expressions similar thereto.
(2) The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may provide business entities, etc. who intend to take measures to change labels or advertisements pursuant to paragraph (1) with subsidies from the National Treasury or from the Food Promotion Fund under Article 89 of the Food Sanitation Act to help cover necessary expenses.
(3) Matters necessary for the details of labeling or advertisements under paragraph (1) and subsidies to cover expenses under paragraph (2) shall be prescribed by Prime Ministerial Decree.
[This Article Added on Jan. 2, 2024]
Article 9(Substantiation of claims in labeling or advertising) #
(1) A person who labels or advertises a food, etc. shall substantiate claims made in the labeling or advertising.
(2) Where deemed necessary to substantiate claims for a food, etc. on the grounds that the labeling or advertising of the food, etc. is likely to violate Article 8 (1), the Minister of Food and Drug Safety may specifically make such statements on the label of the food, etc. or request the person who advertised such food, etc. to submit substantiating information.
(3) A person who is requested to submit substantiating information in accordance with paragraph (2) shall submit such information to the Minister of Food and Drug Safety within 15 days of the receipt of such request; provided, the Minister of Food and Drug Safety may extend the period for submission if the Minister deems that there is good cause.
(4) Where a person who is requested to submit substantiating information in accordance with paragraph (2) continues to label or advertise a food, etc. without submitting substantiating information within the period for submission specified in paragraph (3), the Minister of Food and Drug Safety may issue an order suspending the labeling or advertising of the food, etc. until the person submits substantiating information.
(5) Where a person who is requested to submit substantiating information in accordance with paragraph (2) submits such information, the person may refuse to submit the information requested by another agency under the Act on Fair Labeling and Advertising or other statutes; provided, the person shall not refuse to submit such information if the Minister of Food and Drug Safety is unable to provide the agency with the substantiating information he or she has received under paragraph (6).
(6) Where another agency requests substantiating information the Minister of Food and Drug Safety has received under the Act on Fair Labeling and Advertising or other statutes, he or she shall comply with such request unless there is a compelling reason not to do so.
(7) Matters necessary for the objects of substantiation, the scope of and requirements for substantiating information and methods of submission under paragraphs (1) through (4) shall be prescribed by Prime Ministerial Decree.
Article 10(Voluntary review of labeling or advertising) #
(1) A person who intends to label or advertise a food, etc. shall seek a prior review of the labeling or advertising (excluding cases where only the information to be stated under Article 4, 4-2, 5, and 6 is stated and advertised) from an institution or organization registered under paragraph (2) (hereinafter referred to as "voluntary review board"); provided, the person shall seek a review of the labeling or advertising from the Minister of Food and Drug Safety, as prescribed by Presidential Decree, if no voluntary review board is established. <Amended on Dec. 29, 2020; Jun. 13, 2023>
(2) Any of the following institutions or organizations that intend to review the labeling and advertising of foods, etc. under paragraph (1) shall satisfy the requirements prescribed by Presidential Decree, including the review committee under Article 11, and shall be registered with the Minister of Food and Drug Safety:
1. A trade association established under Article 59 (1) of the Food Sanitation Act;
2. The Korea Food Industry Association established under Article 64 (1) of the Food Sanitation Act;
3. An organization established under Article 28 of the Health Functional Foods Act;
4. A consumer organization registered under Article 29 of the Framework Act on Consumers that satisfies the requirements prescribed by Presidential Decree.
(3) A voluntary review board shall conduct reviews fairly in accordance with Article 4, 4-2, and 5 through 8, and shall not restrict any business entity from labeling or advertising a food, etc. or from providing information to consumers without good cause. <Amended on Jun. 13, 2023>
(4) A person whose labeling or advertising is reviewed under paragraph (1) shall label or advertise a food, etc. based on the review results; provided, a person who is dissatisfied with the review results may file an objection with the Minister of Food and Drug Safety, as prescribed by Presidential Decree, within 30 days from the notice of such results.
(5) A person who seeks a review of the labeling or advertising under paragraph (1) shall pay a fee to a voluntary review board, etc.
(6) Where a voluntary review board violates paragraph (3), the Minister of Food and Drug Safety may issue an order requiring the correction of such violation.
(7) The Minister of Food and Drug Safety may revoke the registration of a voluntary review board in any of the following cases:
Article 11(Establishment and operation of regional council on international cultural exchanges) #
A voluntary review board shall establish and operate a review committee that is comprised of at least 10 to 25 members to review the labeling and advertising of foods, etc., and members of the review committee shall be appointed by the head of the voluntary review board from among the following persons. In such cases, at least each one person under subparagraphs 1 through 5 shall be included in the members, and the number of persons under subparagraph 1 shall not exceed 1/3 of the number of all members:
1. A person working in the food industry or relevant industry;
2. A person recommended by the head of a consumer organization under subparagraph 3 of Article 2 of the Framework Act on Consumers;
3. An attorney-at-law registered with the Korean Bar Association under Article 78 of the Attorney-at-Law Act pursuant to Article 7 (1) of that Act and recommended by the President of the Korean Bar Association;
4. A person recommended by the head of an organization registered under Article 4 of the Assistance for Non-Profit, Non-Governmental Organizations Act whose main purpose is to ensure the safety of foods, etc.;
5. Any other person with abundant knowledge and experience in the labeling or advertising of foods, etc.
Article 12(Advice on labeling or advertising policies) #
(1) An advisory committee on the labeling and advertising of foods, etc. may be established under the supervision of the Ministry of Food and Drug Safety to study and review the labeling or advertising policies of foods, etc. and relevant matters to advise the Minister of Food and Drug Safety thereon.
(2) Notwithstanding paragraph (1), the Minister of Food and Drug Safety may permit each of the following committees to advise him or her on foods, etc. classified in the following:
1. Labeling and advertising of health functional foods: The Health Functional Foods Deliberation Committee established under Article 27 of the Health Functional Foods Act;
2. Labeling and advertising of foods, food additives, apparatus, containers or packages: The Food Sanitation Deliberation Committee established under Article 57 of the Food Sanitation Act;
3. Labeling and advertising of livestock products: The Livestock Product Sanitation Deliberative Committee established under Article 3-2 of the Livestock Products Sanitary Control Act.
Article 13(Education and publicity for consumers) #
(1) The Minister of Food and Drug Safety shall provide education and publicity about the labeling and advertising of foods, etc. to consumers for the enjoyment of healthy dietary lifestyles.
(2) The Minister of Food and Drug Safety may entrust the education and publicity stated in paragraph (1) to an institution or organization prescribed by Presidential Decree.
(3) Matters necessary for the details of education and publicity under paragraph (1) shall be prescribed by Prime Ministerial Decree.
Article 13-2(Monitoring of labeling or advertising of foods, etc.) #
(1) The Minister of Food and Drug Safety may monitor whether the labeling or advertising of foods, etc. through an information and communications network as defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as "information and communications network") violates Article 7 or 8.
(2) If labeling or advertising of foods, etc. is deemed to have violated Article 7 or 8 based on the results of monitoring under paragraph (1), but the information on the business operator who engaged in such labeling or advertising cannot be identified only from the content thereof, the Minister of Food and Drug Safety may request the submission of necessary materials from an information and communications service provider under Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (including a domestic agent designated under Article 32-5 of that Act) or from a mail order brokerage business operator under Article 20 of the Act on the Consumer Protection in Electronic Commerce (hereafter in this Article referred to as “information and communications service provider, etc.”). In such cases, the information and communications service provider, etc. who has been requested to submit materials shall comply therewith, unless there is good cause not to do so.
(3) If it is deemed obvious that labeling or advertising of foods, etc. violates Article 7 or 8 based on the results of monitoring under paragraph (1), the Minister of Food and Drug Safety may request the information and communications service provider, etc. to take necessary measures, such as posting the fact of violation, to inform consumers that the labeling or advertising constitutes illegal or unfair labeling or advertising, as prescribed by Presidential Decree. In such cases, the information and communications service provider, etc. who has been requested to take necessary measures shall comply therewith, unless there is good cause not to do so.
(4) Matters necessary for the details, methods, and procedures of monitoring under paragraph (1) and the scope and procedures of submission of materials under paragraph (2) shall be prescribed by Prime Ministerial Decree.
[This Article Added on Mar. 18, 2025.]
Article 13-3(Entrustment of monitoring duties of labeling or advertising of foods, etc.) #
(1) Part of the monitoring duties of the Minister of Food and Drug Safety under Article 13-2 (1) may be entrusted to institutions or organizations prescribed by Presidential Decree.
(2) The Minister of Food and Drug Safety may provide subsidies to cover all or part of the expenses necessary for performing the entrusted duties to the entrusted institutions under paragraph (1), within the budget.
[This Article Added on Mar. 18, 2025.]
Article 13-4(Support for research and development on labeling or advertising of foods, etc.) #
(1) The Minister of Food and Drug Safety may support research and development, etc. for surveys on the distribution status in relation to unfair labeling or advertising of foods, etc. on an information and communications network and for efficient monitoring technologies and methods.
(2) The procedures and methods of research and development support under paragraph (1) and other necessary matters shall be prescribed by Prime Ministerial Decree.
[This Article Added on Mar. 18, 2025.]
Article 13-5(Self-regulation) #
(1) The following associations or organizations (hereafter in this Article referred to as “associations, etc.”) may establish and enforce codes of conduct necessary to provide correct information on foods, etc. and to contribute to consumer protection:
1. The Korea Food Industry Association under Article 64 (1) of the Food Sanitation Act;
2. An organization established under Article 28 (1) of the Health Functional Foods Act.
(2) The associations, etc. may establish and enforce self-regulation guidelines to prevent acts violating Article 7 or 8.
(3) The Minister of Food and Drug Safety may support activities for self-regulation performed by the associations, etc. enforcing codes of conduct and self-regulation guidelines under paragraphs (1) and (2).
[This Article Added on Mar. 18, 2025.]
Article 14(Corrective order) #
The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order any of the following persons to take necessary corrective measures: <Amended on Jan. 2, 2024>
1. A person who sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays, or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 4 (3), 5 (3), or 6 (3);
2. A person who fails to comply with the advertising standards in violation of Article 7;
3. A person who labels or advertises a product in violation of Article 8 (1);
4. A person who fails to submit substantiating information in violation of Article 9 (3).
Article 15(Recall and destruction of harmful food) #
(1) A business entity that manufactures, processes, repackages in smaller amounts or imports a food, etc. for sale or sells a food, etc. shall without delay recall, or take measures necessary to recall, the food, etc. on the market if the business entity becomes aware that such food, etc. has violated Article 4 (3) or 8 (1) (excluding any violation not relevant to the harmfulness of foods, etc.).
(2) A business entity that intends to recall, or take measures necessary to recall, a harmful food, etc. under paragraph (1) shall report in advance its recall plan to the Minister of Food and Drug Safety, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. In such cases, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu in receipt of the recall plan shall without delay report such plan to the Minister of Food and Drug Safety.
(3) Where a business entity violates Article 4 (3) or 8 (1), the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall have a relevant public official seize or destroy the food, etc. involved in the violation or order the business entity to take measures eliminating the harmfulness of such food, etc., specifying the use and the method of disposal.
(4) Article 45 and 72 of the Food Sanitation Act shall apply mutatis mutandis to the standards and procedures, etc. of recall, seizure and destruction of harmful foods, etc. under paragraphs (1) through (3)
Article 16(Suspension of business) #
(1) The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order the suspension of all or part of business of a licensed or registered business entity for a period not exceeding six months or may revoke the business license or registration of such entity in any of the following cases: <Amended on Dec. 29, 2020>
1. Where the licensed or registered business entity sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 4 (3), 5 (3), or 6 (3);
2. Where the licensed or registered business entity labels or advertises a food, etc. in violation of Article 8 (1).
3. Where the licensed or registered business entity violates a suspension order under Article 9 (4) or an order issued under Article 14;
4. Where the licensed or registered business entity fails to recall, or to take measures necessary to recall, a harmful food, etc. in violation of Article 15 (1);
5. Where the licensed or registered business entity fails to report, or falsely reports, a recall plan in violation of Article 15 (2);
6. Where the licensed or registered business entity fails to comply with an order issued pursuant to Article 15 (3);
(2) The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may revoke the business license or registration of a licensed or registered business entity if such business entity continues to conduct business in violation of an order suspending all or part of business under paragraph (1).
(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu may order the suspension of all or part of business of a business entity that filed a report to conduct business for a period not exceeding six months or may order the closure of the place of business of such business entity in any of the following cases: <Amended on Dec. 29, 2020>
1. Where the licensed or registered business entity sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 4 (3), 5 (3), or 6 (3);
2. Where the licensed or registered business entity labels or advertises a food, etc. in violation of Article 8 (1).
Article 17(Suspension of manufacture of items) #
(1) The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may order a business entity to suspend the manufacture of a food, etc. of the item or type of item (referring to all items manufactured or processed subject to the same standards and specifications, among the standards and specifications under Article 7 and 9 of the Food Sanitation Act or Article 14 of the Health Functional Foods Act; hereinafter the same shall apply) for a specified period not exceeding six months in any of the following cases:
1. Where the business entity sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays, or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 4 (3);
2. Where the licensed or registered business entity labels or advertises a food, etc. in violation of Article 8 (1).
(2) Detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Prime Ministerial Decree in consideration of the types, severity, etc. of violations.
Article 18(Succession to effects of administrative sanctions) #
Where a business is succeeded by a transferee, heir, corporation surviving a merger or corporation formed by a merger (hereafter referred to as "transferee, etc." in this Article) in accordance with Article 11 of the Health Functional Foods Act, Article 16 of the Special Act on Imported Food Safety Control, Article 39 of the Food Sanitation Act or Article 26 of the Livestock Products Sanitary Control Act, the disposition of an administrative sanction imposed on a business entity that transferred the business for a violation of any subparagraph of Article 16 (1) or (3) or 17 (1) or the disposition of an administrative sanction imposed under Article 16 (2) or (4) on a business entity that transferred the business shall remain in effect with respect to the transferee, etc. for a one-year period beginning on the date the sanction period ends; and where the procedure for imposing an administrative sanction is ongoing, the procedure may continue with respect to the transferee, etc.; provided, the foregoing shall not apply where the transferee, etc. (excluding any person who succeeded to a business by inheritance) proves that such transferee, etc. did not know of the administrative sanction or violation as at the time of succession of the business.
Article 19(Imposition of penalty surcharges in lieu of business suspension) #
(1) The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may impose a penalty surcharge of not more than one billion won on a business entity subject to an order requiring the business entity to suspend business or to suspend manufacturing of food, etc. for a violation of any subparagraph of Article 16 (1) or (3) or 17 (1) in lieu of such order, if the Minister deems that such order would cause serious inconvenience to users or would otherwise be contrary to the public interest; provided, the foregoing shall not apply in circumstances prescribed by Prime Ministerial Decree under which a business entity is subject to an order under Article 16 (1) or (3) or 17 (1) for a violation of Article 4 (3) or 8 (1).
(2) Where necessary to impose a penalty surcharge on a business entity under paragraph (1), the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may make a written request to the head of the competent tax office to provide tax information and such request shall contain the following information:
1. The relevant taxpayer's personal information;
2. The purpose of using the tax information;
3. Sales served as a basis for assessing the penalty surcharge.
(3) Where a business entity fails to pay a penalty surcharge imposed under paragraph (1) by the due date, the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall revoke the penalty surcharge imposed under paragraph (1) and issue to the business entity an order requiring it to suspend business under Article 16 (1) or (3) or to suspend manufacturing of an item or type of item under Article 17 (1) as prescribed by Presidential Decree; or may collect the penalty surcharge in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges; provided, the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall collect the penalty surcharge in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges if it is not possible to issue an order suspending business or the manufacture of an item or type of item on any of the following grounds: <Amended on Mar. 24, 2020>
1. Closure under Article 5 (2) or 6 (3) of the Health Functional Foods Act;
2. Closure under Article 15 (3) of the Special Act on Imported Food Safety Control;
Article 20(Imposition of penalty surcharges for false labeling or advertising) #
(1) The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may impose a penalty surcharge on a person to whom an order requiring the suspension of business for more than two months was issued under Article 16 (1) or (3); whose business license or registration was revoked under Article 16 (1) or (2); or to whom an order requiring the closure of the place of business was issued under Article 16 (3) or (4) for violating Article 8 (1) 1 through 3 in an amount twice the sales of the relevant food, etc. sold by such person. <Amended on Jan. 2, 2024>
(2) In imposing a penalty surcharge under paragraph (1), the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take into account the following matters: <Added on Jan. 2, 2024>
1. Details and the severity of the violation;
2. The duration and number of the violation;
3. Size of profits derived from the violation.
(3) If a person fails to pay a penalty surcharge imposed under paragraph (1) by the due date or in any case provided in the subparagraphs of Article 19 (3), the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall collect the penalty surcharge in the same manner as delinquent national taxes or in accordance with the Act on the Collection of Local Non-Tax Revenue. <Amended on Mar. 24, 2020; Jan. 2, 2024>
(4) Article 19 (4) and (5) shall apply mutatis mutandis to the collection procedure and devolution of penalty surcharges imposed under paragraph (1) and other necessary matters. <Amended on Jan. 2, 2024>
(5) The amount of a penalty surcharge under paragraphs (1) and (2) shall be assessed as prescribed by Presidential Decree. <Amended on Jan. 2, 2024>
Article 21(Announcement of violations) #
(1) The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall publish the business information of a business entity for which an administrative disposition was confirmed under Article 15 through 20, including the details of the disposition, the name of the relevant place of business, and the names of the foods, etc. involved in the violation.
(2) Matters necessary for the objects of publication under paragraph (1), the methods and procedures therefor, etc. shall be prescribed by Presidential Decree.
Article 22(State subsidies) #
The Minister of Food and Drug Safety may fully or partially subsidize expenses incurred in the disposal of a food, etc. under Article 15 (3) within the budget.
Article 23(Hearings) #
The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall hold a hearing to revoke the registration of a voluntary review board under Article 10 (7); to revoke the business license or registration of a business entity under Article 16 (1) or (2); or to order the closure of a place of business under Article 16 (3) or (4).
Article 24(Delegation and entrustment of authority) #
(1) The authority vested in the Minister of Food and Drug Safety under this Act may be partially delegated to the head of an institution under the control of the Minister or a Mayor/Do Governor as prescribed by Presidential Decree.
(2) The duties of the Minister of Food and Drug Safety prescribed in this Act may be partially entrusted to a relevant specialized institution or organization as prescribed by Presidential Decree.
Article 25(Legal fiction as public officials for purposes of applying penalty provisions) #
(1) A member of the review committee under Article 11 shall be deemed a public official for purposes of applying Articles 129 through 132 of the Criminal Act. <Amended on Mar. 18, 2025>
(2) Executives and employees of institutions or organizations engaged in duties entrusted under Article 13-3 shall be deemed public officials for purposes of applying Articles 127 and 129 through 132 of the Criminal Act. <Added on Mar. 18, 2025>
Article 26(Penalty provisions) #
(1) Any person who labels or advertises in violation of Article 8 (1) 1 through 3 shall be punished by imprisonment with labor for not more than 10 years or by a fine of not more than 100 million won, or both.
(2) Where a person sentenced for a crime under paragraph (1) re-commits the crime under paragraph (1) within five years after the punishment has become final, such person shall be punished by imprisonment with labor for not less than one year but not more than 10 years.
(3) In the case of paragraph (2), a person who sold food, etc. shall be punished by a fine of not less than four times but not more than 10 times the selling price of the food, etc.
Article 27(Penalty provisions) #
(1) Any person who falls under any of the following subparagraphs may be punished by imprisonment with labor up to five years or by a fine of up to 50 million won, or may be punished by both: <Amended on Aug. 17, 2021>
1. A person who sells a health functional food, manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a health functional food for sale, or uses a health functional food for business, in violation of Article 4 (3);
2. A person who labels or advertises in violation of Article 8 (1) 4 through 10;
3. A person who fails to recall, or to take measures necessary to recall, a harmful food, etc. under Article 15 (1);
4. A person who violates the order as prescribed in Article 15 (3);
5. A person with a business license granted under Article 5 (1) of the Health Functional Foods Act who continues to conduct business in violation of an order requiring the suspension of business under Article 16 (1);
6. A person who filed a report to conduct business under Article 6 (2) of the Health Functional Foods Act who continues to conduct business in violation of an order requiring the suspension of business under Article 16 (3);
7. A person with a business license granted under Article 37 (1) of the Food Sanitation Act who continues to conduct business in violation of an order requiring the suspension of business under Article 16 (1).
Article 28(Penalty provisions) #
Each of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:
1. A person who sells a food, etc. (excluding health functional foods); manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 4 (3);
2. A person who fails to comply with an order suspending the manufacture of an item or type of item under Article 17 (1);
3. A person whose business was registered under Article 15 (1) of the Special Act on Imported Food Safety Control who continues to conduct business in violation of an order requiring the suspension of business under Article 16 (1);
4. A person who filed a report to conduct business under Article 37 (4) of the Food Sanitation Act who continues to conduct business in violation of an order requiring the suspension of business or closure of the place of business under Article 16 (3) or (4);
5. A person whose business was registered under Article 37 (5) of the Food Sanitation Act who continues to conduct business in violation of an order requiring the suspension of business under Article 16 (1);
6. A person with a business license granted under Article 22 (1) of the Livestock Products Sanitary Control Act who continues to conduct business in violation of an order requiring the suspension of business under Article 16 (1);
7. A person who filed a report to conduct business under Article 24 (1) of the Livestock Products Sanitary Control Act who continues to conduct business in violation of an order requiring the suspension of business or closure of the place of business under Article 16 (3) or (4).
Article 29(Penalty provisions) #
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine of not more than 10 million won; provided, imprisonment with labor and a fine may be imposed concurrently, in the case of subparagraph 1:
1. A person who continues to label or advertise in violation of a suspension order issued under Article 9 (4);
2. A person who fails to report a recall plan required under Article 15 (2) or falsely reports thereon.
Article 30(Joint penalty provisions) #
Where the representative of a corporation, or an agent, or employee of or other persons employed by a corporation or an individual commits an offense falling under any of Articles 26 through 29 in relation to affairs of such corporation or individual, not only shall the person who commits such offense be punished but such corporation or individual also shall be punished by a fine under the relevant provisions; provided, the foregoing shall not apply where the corporation or the individual has not neglected to pay due attention to or exercise reasonable supervision over the relevant affairs to prevent such offense.
Article 31(Administrative fines) #
(1) A person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding 5 million won: <Amended on Apr. 7, 2020, Mar. 18, 2025>
1. A person who sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 5 (3);
2. A person who sells a food, etc., manufactures, processes, repackages in smaller amounts, imports, packages, stores, displays or transports a food, etc. for sale, or uses a food, etc. for business, in violation of Article 6 (3).
3. A person who fails to comply with a request for submission of materials without good cause, in violation of Article 13-2 (2).
(2) Any person who advertises in violation of Article 7 shall be subject to an administrative fine of not more than three million won.
(3) The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree.