Article 1(Purpose) #
The purpose of this Act is to prescribe matters necessary for facilitating public-private cooperation in projects for the development of local agriculture and fisheries and those necessary for promoting creative and efficient projects, thereby contributing to increasing the income and welfare of farmers and fishers, to enhancing the economic and social benefits of local residents, and to developing the local economy.
Article 2(Definitions) #
The terms used in this Act are defined as follows:
1. The term "agriculture and fisheries" means agriculture defined in subparagraph 1 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry and the fishery industry defined in subparagraph 1 (a) of Article 3 and aquaculture business defined in subparagraph 1 (e) of Article 3 of the Framework Act on Fisheries and Fishing Villages Development;
2. The term "local agriculture and fisheries development project" means a project for promoting the development of rural, mountainous, and fishing communities in connection with the production, processing, and distribution of agricultural and fisheries products, tourism, and the production of goods and services related thereto based on the characteristics of tangible and intangible agricultural and fisheries resources such as agricultural products, nature, and culture in the region;
3. The term "public-private cooperation" means a series of activities in which a local government and private agencies divide their roles to establish a cooperative system and utilize their mutual advantages to improve the quality of local agriculture and fisheries development projects and reduce the associated costs;
4. The term "reward for the performance in a local agriculture and fisheries development project" means that a local government pays a monetary reward to a private operating agency for the achievement of an agreed-upon performance target for a project promoted using private funds, organizations, and technologies for the development of local agriculture and fisheries;
5. The term "private operating agency" means a person designated to operate and conduct a local agriculture and fisheries development project under Article 8, among the following persons:
(a) Agricultural and fisheries corporations prescribed by Presidential Decree, from among agricultural corporations defined in subparagraph 2 of Article 2 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities and fisheries corporations defined in subparagraph 5 of that Article;
(b) Producers' organizations defined in subparagraph 4 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry, and producers’ association defined in subparagraph 5 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development;
(c) Cooperatives defined in subparagraph 1 of Article 2 of the Agricultural Cooperatives Act, and joint business corporations under Article 112-3 of that Act;
(d) Cooperatives defined in subparagraph 4 of Article 2 of the Fisheries Cooperatives Act, and joint business corporations under Article 113-3 of that Act;
(e) Cooperatives defined in subparagraph 1 of Article 2 of the Forestry Cooperatives Act, and joint business corporations under Article 86-3 of that Act;
(f) Agriculture and fisheries-related cooperatives and social cooperatives prescribed by Presidential Decree, from among cooperatives defined in subparagraph 1 of Article 2 of the Framework Act on Cooperatives and social cooperatives defined in subparagraph 3 of that Article;
(g) Agriculture and fisheries-related social enterprises prescribed by Presidential Decree, from among social enterprises defined in subparagraph 1 of Article 2 of the Social Enterprise Promotion Act;
(h) Agriculture and fisheries-related micro enterprises prescribed by Presidential Decree, from among micro enterprises defined in Article 2 of the Framework Act on Micro Enterprises;
(i) Agriculture and fisheries-related small and medium enterprises prescribed by Presidential Decree, from among small and medium entrepreneurs defined in Article 2 of the Framework Act on Small and Medium Enterprises.
Article 3(Responsibilities of the State and local governments) #
(1) The State and local governments shall cooperate with each other to ensure the smooth and efficient promotion of local agriculture and fisheries development projects.
(2) The State shall actively endeavor to support local agriculture and fisheries development projects promoted by local governments.
Article 4(Relationship to other statutes) #
Except as provided in other statutes, local agriculture and fisheries development projects shall be governed by this Act.
Article 5(Deliberative committee on local agriculture and fisheries development projects) #
(1) A local government may establish a deliberative committee on local agriculture and fisheries development projects (hereinafter referred to as the "Committee") to deliberate on and resolve matters related to the promotion of local agriculture and fisheries development projects.
(2) The Committee shall deliberate on the following:
1. Matters regarding the establishment and implementation of a plan for the promotion of local agriculture and fisheries development projects;
2. Matters regarding the selection of a private operating agency for local agriculture and fisheries development projects;
3. Matters regarding the selection of a performance measurement and evaluation agency for local agriculture and fisheries development projects;
4. Matters regarding rewards depending on the evaluation results of local agriculture and fisheries development projects;
5. Matters regarding the conclusion, modification, and termination of a performance reward agreement for a local agriculture and fisheries development project (an agreement between a local government and a private operating agency on the conditions and details of a performance reward depending on the evaluation results of the implementation of a local agriculture and fisheries development project);
6. Other matters deemed necessary by the chairperson for a local agriculture and fisheries development project.
(3) The Committee shall be comprised of not less than 9 and not more than 15 members, including 1 chairperson and 1 vice-chairperson. In such cases, members who are not public officials shall constitute a majority of all members.
(4) The head of a local government shall serve as the chairperson of the Committee, and a member elected by and from among the commissioned members shall serve as the vice chairperson.
(5) The members of the Committee shall be appointed or commissioned by the head of a local government from among the following persons:
1. Public officials of the relevant local government;
2. Knowledgeable and experienced experts in local agriculture and fisheries development projects.
(6) The term of office of a member who is a public official shall be the term of office in the relevant office, and that of a member who is not a public official shall be 2 years, and he or she may be reappointed only once.
(7) Other matters necessary for the composition and operation of the Committee shall be prescribed by municipal ordinance of the relevant local government: provided, where a local government has a committee similar in nature and function to the deliberative committee on local agriculture and fisheries development projects, such committee may take over the functions, as prescribed by municipal ordinance of the relevant local government.
Article 6(Eligibility for local agriculture and fisheries development projects) #
A local government may promote a project that satisfies all of the following requirements as a local agriculture and fisheries development project, if such project is deemed to require public-private cooperation:
1. A projects that can contribute to solving local agriculture and fisheries-related problems, increasing the income of farmers and fishers, revitalizing the economy of rural, mountainous, and fishing communities or spreading the values of agriculture and fisheries;
2. A project that can bring economic and social benefits to the region;
3. A project that can be linked with local farmers and fishers;
4. A project that allows for objective and quantitative performance evaluation;
5. A project in which the performance gains generated by a local agriculture and fisheries development project are greater than the performance reward payable by the local government.
Article 7(Formulation and finalization of project promotion plan) #
(1) The head of a local government shall identify local agriculture and fisheries development projects by any of the following methods:
1. A proposal by a council for deliberation on policies for agriculture, rural communities, and the food industry under Article 15 (1) of the Framework Act on Agriculture, Rural Community and Food Industry;
2. A proposal by a fisheries and fishing village policy review committee under Article 8 (1) of the Framework Act on Fishers and Fishing Villages Development;
3. In-house development through local polls, analysis of civil petitions, and research services;
4. Other proposals made by private agencies prescribed by Presidential Decree, such as a consultative body for local agriculture and fisheries.
(2) The head of a local government shall establish a public-private partnership project promotion plan (hereinafter referred to as the "project promotion plan") when a local agriculture and fisheries development project is identified pursuant to paragraph (1). In such cases, it shall be ensured that public nature, and creativity and efficiency of the private sector are exercised in a harmonious manner.
(3) A project promotion plan shall be finalized after deliberation by the Committee.
(4) The head of a local government shall publicly notify or announce (including by posting on the Internet) the project promotion plan deliberated on and finalized pursuant to paragraph (3).
Article 8(Deliberation on project feasibility and designation of private operating agency) #
(1) A person intending to operate and implement a local agriculture and fisheries development project shall prepare a business plan based on the project promotion plan, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or by Ordinance of the Ministry of Oceans and Fisheries, and shall submit it to the head of a local government.
(2) Upon review of the business plan submitted under paragraph (1), the head of the local government shall request the Committee to deliberate on the feasibility of the project and the capability of operating the project as a private operating agency.
(3) The Committee shall deliberate on the project plan and the capability of operating the project as requested under paragraph (2), select a preferred bidder, and notify the head of the local government thereof.
(4) The head of a local government shall designate a private operating agency by concluding a concession agreement with the preferred bidder selected pursuant to paragraph (3).
(5) A concession agreement shall include the following matters:
1. The purpose, implementation method and duration of the local agriculture and fisheries development project;
2. Performance targets for the local agriculture and fisheries development project;
3. Performance evaluation indicators and evaluation methods for the local agriculture and fisheries development project;
4. Method of financing for project expenses and details of calculation;
5. The proportion of project expenses shared between the local government and private operating agency, and the amount and timing of payment of project expenses by the local government;
6. Standards for, and amount and timing of, payment of a performance reward;
7. An entrustment and management plan for the project execution agency (referring to a legal entity that directly conducts a local agriculture and fisheries development performance reward project under a contract with a private operating agency), if necessary;
8. Matters necessary for the termination and modification of the agreement;
9. Other matters prescribed by the head of the local government.
(6) A person designated as a private operating agency shall prepare a detailed implementation plan for the relevant project within 60 days from the date of such designation and request approval from the head of a local government, and the validity of its designation as a private operating agency shall be lost if such request for approval is not made within the specified period: provided, if a private operating agency requests an extension of the period and the head of a local government deems it inevitable, the period may be extended by up to 30 days.
(7) The head of the local government shall approve the implementation plan under paragraph (6) within 30 days if it is deemed that the implementation plan can faithfully fulfill the contents of the concession agreement under paragraph (5): provided, the head of the local government may request the private operating agency to supplement the implementation plan if it is deemed difficult to faithfully fulfill the details of the concession agreement.
(8) Matters necessary for the method of preparing an implementation plan, extension of submission period, request for supplementation, etc. shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries.
Article 9(Termination and modification of agreement) #
(1) The head of a local government may terminate or modify an agreement with a private operating agency in any of the following cases: provided, in cases falling under subparagraph 1, the agreement shall be terminated:
1. Where the private operating agency has been selected or designated by fraud or other improper means;
2. Where the local government and the private operating agency agree to terminate or modify the agreement;
3. Where the private operating agency fails to implement the agreement without good cause;
4. Where it is deemed that the purpose of the local agriculture and fisheries development project cannot be achieved due to any illegal or unfair act that impedes the implementation of the agreement or any violation of the conditions for implementation on the part of the private operating agency;
5. Other cases where it is deemed necessary to terminate or modify the agreement for any other reason prescribed by Presidential Decree.
(2) If the head of a local government intends to terminate an agreement pursuant to paragraph (1), he or she shall hold a hearing.
(3) Matters necessary for the termination or modification of the agreement shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries.
Article 10(Evaluation of performance in local agriculture and fisheries development project) #
(1) The head of a local government shall select a performance measurement and evaluation agency (hereinafter referred to as "evaluation agency") to measure and evaluate the performance in a local agriculture and fisheries development project after deliberation by the Committee.
(2) An evaluation agency shall fairly and objectively measure and evaluate the performance in the relevant local agriculture and fisheries development project based on the concession agreement under Article 8 (5), and shall submit a report on the evaluation results to the Committee.
(3) Upon deliberation on the report on evaluation results submitted pursuant to paragraph (2), the Committee shall decide whether to reward such performance and notify the head of the local government of the results thereof.
(4) The Committee shall decide whether to continue the project based on the evaluation results under paragraph (3); and if it is necessary to continue the project in the following year, it may recommend that the head of the local government continue the relevant project.
(5) Other matters necessary for qualifications and size requirements for an evaluation agency shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries.
Article 11(Reward for performance in local agriculture and fisheries development project) #
(1) Upon receipt of a notification under Article 10 (3), the head of a local government shall pay a performance reward to a private operating agency which has conducted the project in accordance with a concession agreement under Article 8 (5).
(2) Where the head of a local government accepts a recommendation of the Committee under Article 10 (4), he or she shall reflect it in a business plan for the following year, and may enter into a re-agreement with the private operating agency which has conducted the relevant project as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of Ministry of Oceans and Fisheries.
Article 12(Disclosure of progress in local agriculture and fisheries development project) #
(1) The head of a local government shall disclose the progress in a local agriculture and fisheries development project for the previous year by the end of February each year, as prescribed by Presidential Decree, on the website or other platforms of the relevant local government.
(2) The head of a local government shall annually report on the progress in a local agriculture and fisheries development project to the relevant local council.
(3) The head of a local government may recommend to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries that a highly-performing project, among local agriculture and fisheries development projects, be promoted as a central government project.
Article 13(Guidance and supervision) #
(1) The head of a local government may require a private operating agency to report matters necessary for the processing of the administrative affairs of an agreement on a performance reward for a local agriculture and fisheries development project or to submit necessary documents.
(2) The head of a local government may have a public official under his or her control visit the offices or facilities of a private operating agency to inspect documents or ask questions necessary for supervision.
(3) A public official who conducts an inspection or asks questions under paragraph (2) shall carry a certificate indicating his or her authority and show it to interested persons.
Article 14(Administrative fines) #
(1) Any of the following persons shall be punished by an administrative fine not exceeding 3 million won:
1. A person who fails to report under Article 13 (1) without good cause or makes a false report, or a person who fails to submit data or submits false data;
2. A person who refuses, obstructs or evades an inspection or questioning under Article 33 (1), without good cause.
(2) Administrative fines under paragraph (1) shall be imposed and collected by Mayors/Do Governors, the heads of Sis/Guns/Gus, as prescribed by Presidential Decree.