HANSIK PROMOTION ACT

Article 1(Purpose) #

The purpose of this Act is to prescribe matters necessary for the promotion and development of Hansik (Korean food or Korean cuisine) and the Hansik industry, strengthening the competitiveness of the Hansik industry and ultimately contributing to improving the quality of people's lives and to developing the national economy.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "Hansik" means food prepared using ingredients that have been used in Korea or ingredients similar thereto and Korean traditional cooking methods or recipes similar thereto, and also means tangible and intangible resources, activities and culinary culture related to such food;

2. The term "Hansik industry" means an industry related to the planning, development, production, distribution, consumption, and export of Hansik;

3. The term "Hansik business owner" means a person running a business in the Hansik industry.

Article 3(Formulation of policy measures for promotion of Hansik) #

(1) The Minister of Agriculture, Food and Rural Affairs shall comprehensively formulate and implement plans and policy measures regarding conduct of fact-finding surveys and R & D activities for the promotion and development of Hansik and the Hansik industry, establishment of the Hansik information system, training of professional human resources, facilitation of international exchanges and cooperation, the discovery, restoration, inheritance, and development of Hansik, institutional improvement and funding therefor, and enhancement of collaboration between Hansik and agriculture and fisheries.

(2) The State and local governments may subsidize, within budgetary limits, all or part of the operating expenses incurred in the implementation of the policy measures under paragraph (1).

Article 4(Relationship to other statutes) #

Except as provided in other statutes, this Act shall apply to the promotion of Hansik and the Hansik industry.

Article 5(Fact-finding survey on Hansik and Hansik industry) #

(1) The Minister of Agriculture, Food and Rural Affairs shall conduct a fact-finding survey on Hansik and the Hansik industry in order to efficiently formulate and implement plans and policy measures for the promotion of Hansik and shall reflect the findings thereof in such plans and policy measures.

(2) Where necessary for a fact-finding survey under paragraph (1), the Minister of Agriculture, Food and Rural Affairs may require the submission of necessary data from the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions under Article 4 of the Act on the Management of Public Institutions, the heads of relevant corporations, research institutes or organizations, Hansik business owners, etc. In such cases, the heads of relevant central administrative agencies and others so requested shall comply unless there is a compelling reason not to do so.

(3) The scope and methods of a fact-finding survey under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.

Article 6(Facilitation of research and development) #

The State and local governments may implement the following research and development projects to promote Hansik and the Hansik industry and ensure management stability of Hansik business owners:

1. Research on technology trends and demand in the Hansik industry;

2. Survey and research for the restoration, promotion, overseas expansion, and systematization of Hansik;

3. Cooperation and exchange of information related to Hansik;

4. Creation of rights to Hansik-related technologies or techniques and commercialization thereof;

5. Other matters necessary for the promotion of Hansik and the Hansik industry.

Article 7(Establishment of Hansik information system) #

The Minister of Agriculture, Food and Rural Affairs may establish and operate a Hansik information system to efficiently collect, manage, and utilize information necessary for the promotion of Hansik and the Hansik industry and to make it easier for the public to access and use information on Hansik.

Article 8(Facilitation of international exchanges and cooperation) #

The State and local governments may implement the following international exchanges and cooperation projects for the promotion of Hansik and the Hansik industry:

1. International exchanges and cooperation on Hansik-related human resources and information;

2. Holding of exhibitions and academic conferences;

3. Attraction of foreign investment and public relations activities;

4. Other projects necessary for facilitating international exchanges and cooperation on Hansik.

Article 9(Spread of Hansik) #

The State and local governments may implement projects necessary for the domestic and international spread of Hansik, as prescribed by Presidential Decree.

Article 10(Discovery, restoration, inheritance and development of Hansik) #

(1) The State and local governments shall endeavor to discover, restore, inherit and develop Hansik.

(2) The State and local governments may provide necessary support, within budgetary limits, to individuals or organizations engaged in activities to discover, restore, inherit and develop Hansik under paragraph (1).

Article 11(Training of professional human resources) #

(1) The Minister of Agriculture, Food and Rural Affairs may train professional human resources to promote and develop Hansik and the Hansik industry and to strengthen the competitiveness of Hansik business owners.

(2) The Minister of Agriculture, Food and Rural Affairs may designate research institutes, universities, and other institutions or organizations equipped with proper facilities and human resources as professional human resources training institutions, as prescribed by Presidential Decree, in order to train professional human resources under paragraph (1).

(3) The Minister of Agriculture, Food and Rural Affairs may subsidize, within budgetary limits, a professional human resources training institution designated under paragraph (2) to assist with training expenses, as prescribed by Presidential Decree.

(4) The Minister of Agriculture, Food and Rural Affairs may revoke the designation of a professional human resources training institution designated under paragraph (2) if it falls under any of the following cases; provided, he or she shall revoke such designation if it falls under subparagraph 1:

1. Where it is designated by fraud or other improper means;

2. Where it no longer meets the requirements for designation under paragraph (2).

Article 12(Facilitation of Hansik experience) #

The State and local governments may implement projects relating to the development and operation of Hansik experience programs, installation of facilities for experience and education, etc. to facilitate the Hansik-focused experience industry.

Article 13(Enhancing collaboration with agriculture and fisheries) #

(1) The State and local governments may formulate and implement plans to ensure the stable supply of agricultural and fisheries products used as ingredients for Hansik and facilitate consumption thereof.

(2) The State and local governments may assist Hansik business owners in their efforts to secure food ingredients in a stable manner through stronger collaboration with the agricultural and fisheries industries, such as joint purchase and contract farming, together with producers' organizations under subparagraph 4 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry and subparagraph 5 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development.

Article 14(Strengthening competitiveness of Hansik industry) #

The State and local governments may provide the following support to encourage business startup related to the promotion of Hansik and to strengthen the competitiveness of Hansik business owners: <Amended on Jun. 20, 2023>

1. Support for Hansik-related startup and job creation;

2. Support for strengthening the competitiveness of Hansik business owners in terms of business management, service quality, etc.;

3. Support for the development, distribution and spread of Hansik tourism products linked to local Hansik;

4. Other projects for strengthening the competitiveness of the Hansik industry.

Article 15(Designation of excellent overseas Korean restaurants) #

(1) The Minister of Agriculture, Food and Rural Affairs may designate excellent overseas Korean restaurants to improve the quality of Hansik and protect consumers.

(2) A Korean restaurant designated under paragraph (1) may display a mark indicating that it has been designated as an excellent overseas Korean restaurant by the Minister of Agriculture, Food and Rural Affairs.

(3) The Minister of Agriculture, Food and Rural Affairs may revoke the designation of an excellent overseas Korean restaurant if it falls under any of the following cases; provided, he or she shall revoke such designation if it falls under subparagraph 1:

1. Where it is designated by fraud or other improper means;

2. Where it no longer meets the standards for designation under paragraph (4).

(4) Matters necessary for the procedures, methods, etc. for designation, indication methods, revocation of designation, and others under paragraphs (1) through (3) shall be prescribed by Presidential Decree.

Article 16(Establishment of Korean Food Promotion Institute) #

(1) The Minister of Agriculture, Food and Rural Affairs shall establish the Korean Food Promotion Institute (hereinafter referred to as "KFPI") to efficiently perform duties relating to the promotion and development of Hansik and the Hansik industry.

(2) The KFPI shall be a juristic person, and shall be established upon registration of establishment thereof at the location of its principal office.

(3) The KFPI shall conduct the following projects:

1. Projects relating to survey and research, fact-finding survey, and establishment of information systems to create the foundation for promoting Hansik;

2. Projects for domestic and international spread of Hansik;

3. Matters regarding training of professional human resources for strengthening the competitiveness of the Hansik industry;

4. Other matters mandated by this Act or other statutes and those entrusted by the Minister of Agriculture, Food and Rural Affairs for the promotion of Hansik.

(4) The Government may provide a contribution or subsidy to the KFPI to assist with expenses incurred in the establishment and operation thereof and conduct of its projects.

(5) The Minister of Agriculture, Food and Rural Affairs shall guide and supervise the KFPI in its conduct of the projects listed in the subparagraphs of paragraph (3) and, if necessary, may receive reports and give directions or orders with respect to its projects.

(6) Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the KFPI.

Article 17(Hearings) #

If the Minister of Agriculture, Food and Rural Affairs intends to revoke the designation of a professional human resources training institution under Article 11 (4), he or she shall hold a hearing.

Article 18(Delegation or entrustment of authority or duties) #

(1) The Minister of Agriculture, Food and Rural Affairs may delegate part of his or her authority vested under this Act to a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor, as prescribed by Presidential Decree.

(2) The Minister of Agriculture, Food and Rural Affairs may entrust part of his or her duties under this Act to the KFPI and other Hansik-related institutions or organizations, as prescribed by Presidential Decree.

Article 19(Legal fiction as public officials in application of penalty provisions) #

The executive officers and employees of the KFPI, institutions or organizations engaged in the duties entrusted under Article 18 (2) shall be deemed public officials for purposes of applying the penalty provisions under Articles 129 through 132 of the Criminal Act.