SPECIAL ACT ON SUPPORT FOR AGRICULTURE AND FISHERIES WORKFORCE

Article 1(Purpose) #

The purpose of this Act is to provide support to facilitate the supply of and demand for human resources in agriculture and fisheries and to improve their working conditions, with the aim of securing the stability of agricultural and fisheries production, improving the competitiveness of agricultural and fishery business entities, and promoting employment in agriculture and fisheries, thereby contributing to the balanced development of the national economy and society.

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 fisheries defined in subparagraph 1 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development;

2. The term "agricultural and fishery business entity” means the agricultural and fishery business entity defined in subparagraph 7 of Article 2 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;

3. The term "agriculture and fisheries workforce" means persons who provide labor to agricultural and fishery business entities in return for wages.

Article 3(Responsibilities of the State and Local Governments) #

(1) The State shall formulate and implement policies necessary for supporting agriculture and fisheries workforce to ensure the sustainable development and improvement of competitiveness of agriculture and fisheries through the stabilization of production of agricultural and fishery products.

(2) Local governments shall formulate and implement plans in consideration of regional characteristics to support agriculture and fisheries workforce.

Article 4(Relationship with Other Statutes) #

Except as otherwise specifically provided for in other Acts, matters related to support for agriculture and fisheries workforce shall be governed by this Act.

Article 5(Formulation and Implementation of Master Plan for Support for Agriculture and Fisheries Workforce) #

(1) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries shall formulate a master plan for supporting agriculture and fisheries workforce including the following matters (hereinafter referred to as "master plan") every five years in consultation with the heads of relevant central administrative agencies, in order to support the fostering and securing of agriculture and fisheries workforce:

1. Objectives and basic direction-setting of policies for supporting agriculture and fisheries workforce;

2. Matters relating to the fostering and education and training of agriculture and fisheries workforce;

3. Matters concerning the long and short term management of demand and supply of agriculture and fisheries workforce and inter-regional connection and cooperation therefor;

4. Matters concerning public relations and improvement of awareness to secure agriculture and fisheries workforce;

5. Matters for improving working conditions and promoting welfare of agriculture and fisheries workforce;

6. Matters concerning digitization of agriculture and fisheries workforce;

7. Other matters prescribed by Presidential Decree, which are necessary to facilitate the support for agriculture and fisheries workforce.

(2) Where the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries formulate a master plan, such plan shall be linked with the development plan for agriculture, rural communities, and the food industry provided in Article 14 of the Framework Act on Agriculture, Rural Community and Food Industry and the master plan for development of fisheries and fishing villages provided in Article 7 of the Framework Act on Fisheries and Fishing Villages Development.

(3) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries shall formulate and implement an annual implementation plan (hereinafter referred to as “implementation plan”) according to the master plan in consultation with the heads of the relevant central administrative agencies.

(4) If necessary in order to formulate the master plan and implementation plans, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may request a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Province Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) to submit relevant data. In such cases, a Mayor/Do Governor in receipt of a request for submitting data shall comply with such request unless there is a good reason not to do so.

(4) Upon formulating the master plan and an implementation plan, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries shall notify the heads of relevant central administrative agencies and the Mayors/Do Governors thereof, and submit the relevant plan to the competent Standing Committee of the National Assembly.

(6) A Mayor/Do Governor shall formulate and implement the master plan for supporting agriculture and fisheries workforce of a Metropolitan City, a Special Self-Governing City, Do, a Special Self-Governing Province (hereinafter referred to as "City/Do plan") every five years in consideration of the master plan and the regional characteristics of the jurisdictional districts. In such cases, where a Mayor/Do Governor formulates or modifies a City/Do plan, he or she shall notify the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries thereof without delay.

(7) The head of a Si/Gun/autonomous Gu (excluding an autonomous Gu of the Special Metropolitan City; hereinafter the same shall apply; hereinafter referred to as “the head of a Si/Gun/ Gu”) shall formulate and implement a master plan for supporting agriculture and fisheries workforce of Si/Gun/autonomous Gu (hereinafter referred to as “Si/Gun/Gu Plan”) every five years, based upon the City/Do Plan and the regional characteristics of jurisdictional areas. <Amended on Jan. 8, 2019>

(8) Other matters necessary for formulating and implementing the master plans, implementation plans, City/Do plans, and Si/Gun/Gu plans and other necessary matters shall be prescribed by Presidential Decree.

Article 6(Fact-Finding Surveys on Agriculture and Fisheries Workforce) #

(1) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries shall conduct a fact-finding survey on agriculture and fisheries workforce (hereinafter referred to as "fact-finding survey") in order to formulate a master plan and others.

(2) A fact-finding survey shall include the following:

1. Matters concerning the current status and characteristics of agriculture and fisheries workforce by region, type of business, and item;

2. Matters relating to the fostering and education and training of agriculture and fisheries workforce;

3. Matters concerning supply and demand management and related organization for agriculture and fisheries workforce;

4. Matters concerning public relations for the improvement of awareness of agriculture and fisheries jobs;

5. Matters concerning working conditions, welfare, etc. of agriculture and fisheries workforce;

6. Other matters necessary to grasp the actual state of agriculture and fisheries workforce, including women, foreigner and irregular workers.

(3) Where it is necessary for conducting fact-finding surveys, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may request the heads of related central administrative agencies, local governments, related institutions or organizations to submit data or state their opinions. In such cases, a person in receipt of a request to submit data or state opinions shall comply with such request unless there is a compelling reason not to do so.

(4) The scope and methods of fact-finding survey under paragraph (1), scope of submission of data under paragraph (3), and other necessary matters shall be prescribed by Presidential Decree.

Article 7(Deliberation on Policies for Agriculture and Fisheries Workforce) #

Where it is necessary to deliberate on the following matters with respect to support for agriculture and fisheries workforce, an agenda item shall be presented to and deliberated by the Central Deliberative Council on Policies for Agriculture, Rural Communities, and Food Industry under Article 15 of the Framework Act on Agriculture, Rural Community and Food Industry, and the Central Deliberative Council on Policies for Fisheries and Fishing Villages Policies under Article 8 of the Framework Act on Fisheries and Fishing Villages Development:

1. Matters concerning the formulation of the master plan and implementation plans;

2. Matters concerning deliberation on and coordination of policies for supporting agriculture and fisheries workforce;

3. Other matters requiring consultation between relevant agencies and organizations in order to implement policies for supporting agriculture and fisheries workforce.

Article 8(Management of Supply and Demand of Agriculture and Fisheries Workforce) #

(1) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries shall formulate and implement policies for ensuring adequate demand for and supply of agriculture and fisheries workforce.

(2) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries shall formulate policies to ensure appropriate distribution of agriculture and fisheries workforce in order to redress imbalance in demand for and supply of agriculture fisheries workforce by region, type of business, and item.

Article 9(Fostering of Agriculture and Fisheries Workforce) #

(1) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may, for the purpose of fostering agriculture and fisheries workforce, carry out the following programs:

1. Conducting educational and training programs in light of the demand for human resources by region, type of business, and item;

2. On-site training programs for agriculture and fisheries conducted for unemployed workforce;

3. Support programs to encourage the long-term employment of agriculture and fisheries workforce;

4. Other projects to foster the agriculture and fisheries workforce.

Article 10(Support for Utilization of Foreign Workforce for Agriculture and Fisheries) #

(1) The Government shall provide support to ensure the stable utilization of foreign workforce for agriculture and fisheries needed by the agricultural and fishery business entities.

(2) Where the Government decides to introduce foreign workforce for agriculture and fisheries pursuant to the Act on the Employment of Foreign Workers and the Immigration Act, it shall set the scale and timing of allocating foreign workforce in the fields of agriculture and fisheries, taking into consideration the distinct characteristics of demand for agriculture and fisheries workforce, such as shrinking population in agricultural and fishing villages, seasonal characteristics, and different types of employment by item.

(3) The Government may provide assistance with the following business affairs performed by local governments for the utilization of foreign workforce for agriculture and fisheries:

1. Conclusion of a memorandum of understanding (MOU) with a foreign local government regarding the introduction of foreign workforce for agriculture and fisheries;

2. Business affairs concerning the selection, education, stay, and departure management, etc. of foreign workforce for agriculture and fisheries in the field of agriculture and fisheries;

3. Other business affairs deemed necessary to support the utilization of foreign workforce for agriculture and fisheries in the field of agriculture and fisheries.

(4) Matters necessary for the details, methods, etc. of support provided in paragraph (3) shall be prescribed by Presidential Decree.

Article 11(Support for Field Experience and Volunteer Activities in Agriculture and Fisheries) #

(1) The State and local governments may implement programs to support experiential activities in the field of agriculture and fisheries and volunteer activities in order to raise the interest of students and citizens in the filed of agriculture and fisheries and to promote their employment in agriculture or fisheries.

(2) The State and local governments may subsidize schools and agricultural and fishery business entities participating in programs to cover expenses in order to conduct experience programs for agriculture and fisheries more efficiently.

Article 12(Designation of Human Resource Support Center for Agriculture and Fisheries) #

(1) The Mayor/Do Governor and the head of a Si/Gun/Gu may designate a relevant institution or organization satisfying the requirements necessary for the systematic and stable support for agriculture and fisheries workforce in their jurisdictional districts as a human resources support center for agriculture or fisheries (hereinafter referred to as "human resources support center").

(2) A human resources support center shall conduct the following business activities:

1. Collection, analysis and provision of information on agriculture and fisheries workforce and their users;

2. Practical education and on-site training for agriculture and fisheries workforce;

3. Consultation for agriculture and fisheries workforce and the users thereof;

4. Job introduction and vocational guidance for agriculture and fisheries workforce;

5. Support for the relocation of workplace of agriculture and fisheries workforce;

6. Inter-regional connection and cooperation of agriculture and fisheries workforce;

7. Other business affairs deemed necessary for supporting agriculture and fisheries workforce, which are determined by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries.

(3) The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Mayor/Do Governor, and the head of Si/Gun/Gu may fully or partially subsidize the human resource support center to cover the necessary expenses within the budget.

(4) Where a human resources support center falls under any of the following subparagraphs, the Mayor/Do Governor and the head of Si/Gun/Gu may revoke its designation or order business suspension for a specified period not exceeding six months, as prescribed by Presidential Decree: Provided, That where it falls under subparagraph 1, the designation shall be revoked:

1. Where it obtains designation by fraud or other improper means;

2. Where it fails to perform business affairs specified in paragraph (2) for at least one year without a just cause;

3. Where it no longer complies with the standards for designation under paragraph (1).

(5) If the Mayor/Do Governor or the head of Si/Gun/Gu intends to revoke designation or orders business suspension under paragraph (4), he or she shall hold a public hearing.

(6) The standards and procedures for designation of a human resource support center under paragraph (1), detailed criteria for dispositions under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree.

Article 13(Protection of Human Rights of Agriculture and Fisheries Workforce) #

(1) The State and local governments shall endeavor to create an environment for the protection of human rights of agriculture and fisheries workforce and improvement of the public perception

(2) The Minister of Agriculture, Food, and Rural Affairs and the Minister of Oceans and Fisheries may provide consultation and support to the agriculture and fisheries workforce who suffered from violations of human rights.

(3) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may entrust the business affairs specified in paragraph (2) to the heads of relevant specialized institutions prescribed by Presidential Decree. In such cases, they may fully or partially subsidize the person to cover expenses incurred in performing the entrusted affairs.

(4) Matters necessary for the details and methods of consultation and support under paragraph (2) and entrustment under paragraph (3) and others shall be prescribed by Presidential Decree.

Article 14(Improvement of Employment and Welfare Support for Agriculture and Fisheries Workforce) #

(1) The State, local governments, and agricultural and fishery business entities shall endeavor to secure appropriate working hours and improve working conditions of agriculture and fisheries workforce.

(2) The State and local governments may provide support to the agricultural and fishery business entities for programs necessary to improve working conditions and promote welfare in agriculture and fisheries.

Article 15(Support for Common Welfare Facilities) #

The Government may provide subsidies to cover expenses incurred in the installation and operation of the common welfare facilities for agriculture and fisheries workforce specified in the following subparagraphs:

1. Common welfare facilities jointly established and operated by several agricultural and fishery business entities to promote the welfare of agriculture and fisheries workforce;

2. Lodging facilities provided jointly by several agricultural and fishery business entities;

3. Daycare centers under Article 10 of the Child Care Act, which are jointly established and operated by several agricultural and fishery business entities;

4. Lodging facilities jointly used by foreign workforce for agriculture and fisheries;

Article 16(Support for Cultural Lifestyle) #

(1) The Government shall endeavor to provide support for the improvement of cultural life and health promotion of agriculture and fisheries workforce.

(2) Necessary matters concerning the details and methods of support and others under paragraph (1) shall be prescribed by Presidential Decree.

Article 17(Support for Improvement of Perception of Jobs in Agriculture and Fisheries) #

(1) The Government shall endeavor to promote the inflow of good human resources to agriculture and fisheries by improving perception of agriculture and fisheries jobs.

(2) The Government shall conduct programs to improve awareness, such as discovering and advertising agricultural and fishery business entities with good working conditions specified in any of the following subparagraphs, and endeavor to distribute and spread exemplary cases in order to promote the improvement of management system of human resource of agriculture and fisheries:

1. Agricultural and fishery business entities that have achieved exemplary improvement in the management system of agriculture and fisheries workforce, such as working conditions, development of vocational skills, and welfare;

2. Other agricultural and fishery business entities recognized by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries as contributing to improving awareness of jobs in agriculture and fisheries.

(3) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may select and reward the excellent agricultural and fishery business entities that have contributed to maintaining stable employment and improving the welfare of agriculture and fisheries workforce.

(4) Necessary matters concerning the methods and procedures for discovering excellent agricultural and fishery business entities under paragraph (2) shall be prescribed by Presidential Decree.

Article 18(Selection and Preferential Treatment of Excellent Agriculture and Fisheries Workforce) #

(1) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may select excellent human resources for agriculture and fisheries, such as skilled workers who have worked for long time in agriculture or fisheries, and provide them with assistance prescribed by Presidential Decree, such as granting subsidies.

(2) Where a person selected pursuant to paragraph (1) intends to start up a business in the field of agriculture and fisheries, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may provide preferential support, such as financial support and provision of relevant information.

(3) Matters concerning the requirements for selection of excellent workforce for agriculture and fisheries pursuant to paragraph (1), examination procedures for selection, and other necessary matters shall be prescribed by Presidential Decree.

Article 19(Survey and Research Projects) #

In order to provide support for agriculture and fisheries workforce more efficiently, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may conduct the following survey and research projects:

1. Mid- to long-term estimation of and management plan for demand for and supply of agriculture and fisheries workforce;

2. Measures to properly deploy agriculture and fisheries workforce by region, type of business, and item;

3. Measures to improve the capabilities of agriculture and fisheries workforce;

4. Analysis of the impacts that environmental changes in agriculture and fisheries have on the supply of and demand for agriculture and fisheries workforce;

5. Current status and management system of agriculture and fisheries workforce abroad;

6. Other matters deemed necessary by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries for assistance with agriculture and fisheries workforce.

Article 20(Establishment and Operation of Integrated Information System) #

(1) The Minister of Agriculture Food and Rural Affairs and the Minister of Oceans and Fisheries may establish and operate an integrated information system for efficient handling of various data or information necessary for grasping current status and actual condition, statistical management, analysis of demand and supply, and research and survey of agriculture and fisheries workforce, and digitization of recording and management affairs.

(2) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may request the heads of State agencies and local governments and the heads of relevant institutions and organizations to provide relevant data and allow the use of relevant computer network in order to perform the business affairs under paragraph (1).

(3) The heads of institutions and organizations in receipt of a request under paragraph (2) shall comply with the request in the absence of good cause to the contrary

Article 21(Specialized Institutions Supporting Agriculture and Fisheries Workforce) #

(1) In order to provide assistance with agriculture and fisheries workforce more efficiently, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may designate and operate related institutions or organizations as the institutions specialized in providing support for agriculture and fisheries workforce (hereafter referred to as "specialized institution supporting workforce"), as prescribed by Presidential Decree.

(2) A specialized institution supporting workforce shall perform the following affairs:

1. Assistance with the formulation and implementation of the master plan and action plans;

2. Assistance with the fact-finding survey;

3. Assistance with the projects for fostering agriculture and fisheries workforce under Article 9;

4. Assistance with support programs for the utilization of foreigner workforce for agriculture and fisheries under Article 10;

5. Assistance with projects for protection of human rights of agriculture and fisheries workforce under Article 13;

6. Survey and research projects under Article 19;

7. Construction and operation of an integrated information system under Article 20;

8. Other projects entrusted by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries.

(3) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may provide subsidies to cover all or part of the expenses incurred by a specialized institution supporting workforce in conducting programs within the budget.

(4) Where a specialized institution supporting workforce falls under any of the following subparagraphs, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may revoke its designation or order business suspension for a specified period not exceeding six months, as prescribed by Presidential Decree: Provided, That where it falls under subparagraph 1, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries shall revoke its designation:

1. Where it obtains designation by fraud or other improper means;

2. Where it fails to perform business affairs specified in paragraph (2) for a period of at least one year without a just cause;

3. Where it no longer complies with the standards for designation specified in paragraph (1).

(2) Where the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries intend to revoke designation under paragraph (4) or order business suspension, he or she shall hold a public hearing.

(6) The criteria and procedures for designation of a specialized institution supporting workforce under paragraph (1), detailed criteria for dispositions under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree.

Article 22(Report and Inspection) #

(1) If deemed necessary, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may order the heads of institutions or organizations implementing support programs for agriculture and fisheries workforce to report on the implementation of programs for supporting workforce or to submit data, and have relevant public officials enter offices, etc. of institutions or organizations implementing support programs for agriculture and fisheries workforce to examine relevant documents, etc.

(2) The relevant public officials entering the offices to conduct examination pursuant to paragraph (1) shall carry a certificate indicating their authority and show it to the interested parties.

Article 23(Delegation and Entrustment of Authority or Business Affairs) #

(1) The authority of the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may be partially delegated to the heads of affiliated agencies or the Mayor/Do Governor as prescribed by Presidential Decree.

(2) Part of the business affairs of the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries vested under this Act may be entrusted to a relevant institution or organization as prescribed by Presidential Decree.

Article 24(Legal Fiction as Public Officials in Application of Penalty Provisions) #

Any executive officers or employees of the institutions or organizations performing business affairs entrusted pursuant to Article 23 (2) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.