Article 17(Suspension of Marine Product Processing Industry) #
(1) Where a person who has reported on the type of business prescribed by Presidential Decree regarding the marine product processing industry falls under any of the following cases, the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may restrict the items of production of the marine product processing industry reported, or issue an order to suspend business for a fixed period not exceeding six months or to close the place of business: Provided, That the Minister of Oceans and Fisheries or the head of the Si/Gun/Gu shall issue an order to close the place of business in cases falling under subparagraph 1 or 4:
1. Where he or she has reported on the marine product processing industry by fraud or other improper means;
2. Where he or she has processed or attempted to process marine animals or plants captured, collected, or farmed, in violation of any of the following, using them as raw materials or ingredients though he or she knows about such violation:
(a) Article 8 (1), 27 (1) and (4), 30 (1), 31 (1), 32 (1), 33, 41 (1) through (3), 47 (1) and (4), 66, or 67 of the Fisheries Act, Article 16 (2), 23, or 47 (3) of the Fishery Resources Management Act, or Article 10 (1), 21 (1), 22 (1), 23 (1), 32, 41 (1) and (4), 43 (1), or 54 (1) of the Aquaculture Industry Development Act;
(b) Restrictions or conditions on a license for fishery business under Article 12 of the Fisheries Act, the period of validity of a fishery business license under Article 14 of that Act, the period of license, etc. for a limited fishery business license under Article 15 (1) of that Act, restrictions on or suspension of a licensed fishery business or the restriction of a fishing vessel's mooring at, or departure from or entry into, a port under Article 34 (1) of that Act, restrictions or conditions on a fishery business permit under Article 43 of that Act, the period of validity of a fishery business permit under Article 46 of that Act, the period of validity of a report under Article 47 (4) of that Act, or an order for coordination of fisheries under Article 61 (1) of that Act, or an order to recover fishery resources under Article 35 (1) 1 and 6 of the Fishery Resources Management Act, or conditions on a license under Article 14 of the Aquaculture Industry Development Act, the period of validity of a license under Article 17 of that Act, the period of license, etc. for a limited aquaculture license under Article 18 (1) of that Act, etc., the period of suspension of business under Article 22 (2) of that Act, restrictions on or suspension of a licensed fishery business under Article 26 (1) of that Act, restrictions or conditions on the type and scale of aquaculture business, aquaculture species, etc. under Article 45 of that Act, the period of validity of permission under Article 47 of that Act, and an order for coordination of aquaculture business under Article 54 (2) of that Act;
(c) Article 30 (1), 31 (1) or 32 (1) of the Fisheries Act applied mutatis mutandis under Article 49 (1) of that Act, or Article 21 (1), 22 (1) or 23 (1) of the Aquaculture Industry Development Act applied mutatis mutandis under Article 52 of that Act;
(d) Period of the license, etc. for a limited fishery business license under Article 15 (1) of the Fisheries Act, or restrictions on or suspension of a licensed fishery business or the restriction of a fishing vessel's mooring at, or departure from or entry into, a port under Article 34 (1) of that Act, applied mutatis mutandis under Article 49 (1) of that Act, or period of the license, etc. for a limited aquaculture license under Article 18 (1) of the Aquaculture Industry Development Act, etc., the period of suspension of business under Article 22 (2) of that Act, or restrictions on or suspension of a license under Article 26 (1) of that Act, applied mutatis mutandis under Article 52 of that Act;
(e) Article 11 (2) and (3) of the Fishing Ground Management Act, or Article 6 (1), 9 (1), 11 (1) or 19 of the Inland Water Fisheries Act;
(f) Restrictions on the areas of operation, scale, method, etc. of fisheries subject to permit under Article 9 (4) of the Inland Water Fisheries Act;
(g) Foreign statutes and regulations or agreements with foreign countries concerning fishery business;
3. Where he or she ceases to fulfill any of the criteria for facilities, etc. of the marine product processing industry under Article 16 (1);
4. Where he or she has been subjected to business suspension, but engages in business during the period of such suspension.
(2) Where a person engages in business without filing a report, in violation of Article 16 (1), or continues business after receiving an order to close the place of business pursuant to paragraph (1), the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may require related public officials to take measures necessary for closing the relevant place of business.
(3) Detailed criteria for taking dispositions, such as restricting items of production under paragraph (1), shall be prescribed by Presidential Decree, depending on the types, severity, etc. of violations.