Article 1(Purpose) #
The purpose of this Act is to prescribe matters necessary to end the human consumption of dogs, thereby contributing to the realization of the value of animal welfare, which aims for respect for life and the harmonious coexistence of humans and animals.
Article 2(Definitions) #
The terms used in this Act are defined as follow:
1. The term "dog breeding farm" means a farm that raises dogs for food consumption;
2. The term "dog farm owner" refers to a person who operates a dog breeding farm;
3. The term "dog meat butcher and trader" means a person who slaughters or processes dogs for edible use, or distributes or sells food made using dogs or dogs as ingredients for human consumption;
4. The term "dog meat food service provider" means a person who operates a general restaurant business under Article 36 of the Food Sanitation Act that cooks, processes, and sells food using dogs as raw materials.
Article 3(Responsibilities of the State) #
(1) The State and local governments shall establish necessary policies to terminate the human consumption of dogs, and provide necessary administrative and financial support.
(2) Farm owners, dog meat butchers and traders, dog meat food service providers, private organizations under Article 4 (3) of the Animal Protection Act, and related experts shall actively cooperate with policies of the State and local governments to terminate the consumption of dogs.
Article 4(Relationship to other statutes) #
This Act shall prevail over other statutes regarding the termination of dog consumption.
Article 5(Prohibition on breeding, slaughter, distribution, and sale of dogs for consumption) #
(1) No person shall raise, breed, or slaughter dogs for human consumption.
(2) No person shall distribute or sell dogs (including carcasses or meat) or food prepared or processed using dogs as raw materials for human consumption.
Article 6(Master plan for termination of human consumption of dogs) #
(1) In order to end the human consumption of dogs, the Minister of Agriculture, Food and Rural Affairs shall formulate a master plan for the termination of dog consumption (hereinafter referred to as the “master plan”) that includes the following matters:
1. Matters related to the formulation and coordination of major policies to terminate the consumption of dogs;
2. Matters related to the business closure or transition of dog farm owners, dog meat butchers and traders, and dog meat food service providers;
3. Operation status of dog meat food service providers;
4. Other matters necessary for the termination of human consumption of dogs.
(2) In formulating a master plan, the Minister of Agriculture, Food and Rural Affairs shall consult with the heads of relevant central administrative agencies, and hear the opinions of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and related organizations, such as dog meat farms, and go through deliberation by the Committee on Termination of Dog Meat Consumption under Article 8.
(3) Other matters necessary for the formulation and implementation of the master plan shall be prescribed by Presidential Decree.
Article 7(Fact-finding survey) #
(1) In order to efficiently formulate and implement the master plan, the Minister of Agriculture, Food and Rural Affairs may conduct a fact-finding survey (hereinafter referred to as “fact-finding survey”) on the following matters:
1. Operation status of dog breeding farms;
2. Operation status of dog meat butchers and traders;
3. Operation status of food service providers for dog meat;
4. Other matters that the Minister of Agriculture, Food and Rural Affairs deems requires a fact-finding survey in order to formulate and implement the master plan.
(2) If it is necessary for a fact-finding survey, the Minister of Agriculture, Food and Rural Affairs may request the submission of necessary materials from the heads of relevant central administrative agencies, local governments, and animal-related organizations. In such cases, the person in receipt of a request for submission of materials shall comply unless there is a special reason not to.
Article 8(Composition and operation of the Committee on Termination of Dog Meat Consumption) #
(1) In order to deliberate on matters necessary for the termination of dog meat consumption, the Committee on Termination of Dog Meat Consumption (hereinafter referred to as the “Committee”) shall be established under the Minister of Agriculture, Food and Rural Affairs.
(2) The Committee shall deliberate on the following matters:
1. Matters regarding the master plan;
2. Matters regarding the formulation and coordination of major policies to terminate the human consumption of dogs;
3. Other matters regarding the termination of dog meat consumption, as prescribed by Presidential Decree.
(3) The Committee shall be composed of not more than 25 members, including 1 chairperson.
(4) The Vice Minister of Agriculture, Food and Rural Affairs shall serve as the chairperson of the Committee, and members of the Committee shall be appointed or commissioned by the Minister of Agriculture, Food and Rural Affairs from among public officials in general service belonging to the Senior Executive Service of the relevant central administrative agencies prescribed by Presidential Decree, persons representing related organizations, such as dog breeding farms, persons recommended by private organizations under Article 4 (3) of the Animal Protection Act, and experts with abundant knowledge and experience in animals.
(5) The Committee shall exist for 5 years from the date of enforcement of this Act.
(6) Other matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.
Article 9(Prohibition of new operation of dog breeding farms) #
No person shall newly or additionally install or operate any of the following facilities:
1. Dog meat farms;
2. Facilities for slaughtering and processing dogs for consumption or facilities for distributing and selling food products made using dogs or dogs as raw materials for consumption;
3. Facilities for cooking, processing, and selling food using dogs as raw materials.
Article 10(Submission of report and implementation plan) #
(1) Dog farm owners, dog meat butchers and traders, and dog meat food service providers shall report the name, address, size, and business facts, etc. of facilities to the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu") within 3 months from the date on which this Act is promulgated.
(2) The head of a Si/Gun/Gu may review the details of a report filed under paragraph (1) and refuse to accept the report if it is inappropriate. In such cases, the head of a Si/Gun/Gu shall notify the relevant person of the refusal of acceptance and the grounds therefor without delay.
(3) A person who files a report under paragraph (1) shall submit an implementation plan for the termination of dog meat consumption which contains matters regarding the business closure or transition, etc. (hereinafter referred to as "implementation plan") to the head of a Si/Gun/Gu within 6 months from the date of promulgation of this Act, and faithfully comply with the implementation pan. In such cases, the implementation plan may be submitted along with a report filed under paragraph (1) or separately.
(4) Where the head of a Si/Gun/Gu deems it necessary to supplement the implementation plan submitted under paragraph (3), he or she may request the plan to be supplemented within a specified period.
(5) A person who files a report under paragraph (1) shall prepare and keep a record of the management status by individual dog in possession.
(6) The head of a Si/Gun/Gu shall periodically inspect whether dog farm owners, dog meat butchers and traders, and dog meat food service providers comply with an implementation plan under paragraph (3) at least once a half year, and may conduct such inspections whenever necessary.
(7) The Minister of Agriculture, Food and Rural Affairs shall determine and publicly notify detailed matters regarding the procedures, documents, etc. necessary for filing a report and submitting an implementation, and for preparing and keeping the management status of individual dog under paragraphs (1) through (6).
Article 11(Support for business closure) #
(1) The State or local governments shall provide necessary support for business closure, etc. to those who have reported and submitted an implementation plan in accordance with Article 10 (1) and (3).
(2) Matters necessary for details of support under paragraph (1), and eligibility, standards, procedures, etc. for support shall be prescribed by Presidential Decree.
Article 12(Support for business transition) #
(1) The State or local government shall provide support for facilities and operating funds incurred in transition of business to those who have filed a report and submitted an implementation plan in accordance with Article 10 (1) and (3).
(2) Matters necessary for details of support under paragraph (1), and eligibility, standards, procedures, etc. for support shall be prescribed by Presidential Decree.
Article 13(Access and investigation) #
(1) In order to perform the following affairs, the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu may require dog farm owners, dog butchers or traders, or dog meat food service providers to submit necessary materials, and may require public officials under his or her control to enter the relevant facilities, etc. to investigate the operation status or inspect relevant documents:
1. Fact-finding survey;
2. Acceptance of reports filed under Article 10 (1) and receipt of implementation plans under paragraph (3) of that Article;
3. Inspection of compliance with the implementation plan under Article 10 (6);
4. Other matters necessary for the enforcement of this Act.
(2) Public officials who enter a place to conduct an investigation under paragraph (1) shall carry a certificate indicating their authority and produce it to interested persons.
Article 14(Order for implementation measures) #
(1) The head of a Si/Gun/Gu may order dog farm owners, dog meat butchers and traders, or dog meat food service providers who fail to comply with any of the following matters, to take measures necessary for the implementation within a fixed period:
1. Prohibition on the new operation of dog breeding farms, etc. under Article 9;
2. Reporting under Article 10, submission and implementation of implementation plans, or preparation and keeping of management status by individual dog.
(2) The head of a Si/Gun/Gu may order any of the following persons to close the relevant place of business:
1. A person who violates an order issued under paragraph (1);
2. A person who raises, breeds, or slaughters dogs for human consumption, in violation of Article 5 (1);
3. A person who distributes or sells food prepared or processed using dogs as raw materials for human consumption in violation of Article 5 (2).
(3) Where a person in receipt of an order for business closure under paragraph (2) fails to comply with such order, the head of a Si/Gun/Gu may require the relevant public official to take the following measures:
1. Removal or deletion of signboards or other business signs of the relevant place of business;
2. Attaching a notice, etc. notifying that the business place in question is not a legal business place;
3. Sealing that prevents the use of facilities or equipment essential for the operation of business place.
(4) If the head of a Si/Gun/Gu intends to issue an order under paragraph (1) or (2), he or she shall hold a hearing.
(5) Where the head of a Si/Gun/Gu issues an order under paragraph (2) or takes measures under paragraph (3) on a dog breeding farm, he or she shall order the farm owner to take measures necessary for the proper breeding, management, or protection, such as transfer of the animals in possession.
(6) The details, procedures, standards, etc. necessary for an order and measures issued or taken under paragraphs (1) through (5) shall be prescribed by Presidential Decree.
Article 15(Delegation and entrustment of authority) #
(1) The Minister of Agriculture, Food and Rural Affairs may partially delegate his or her authority vested under this Act to the heads of affiliated organizations, a Mayor/Do governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(2) The Minister of Agriculture, Food and Rural Affairs may partially entrust his or her business affairs vested under this Act to an institution, organization, or corporation which performs business affairs related to animal protection, as prescribed by Presidential Decree.
Article 16(Legal fiction as public officials in application of penalty provisions) #
The executive officers and employees of an institution, organization, or corporation that performs the business affairs entrusted under Article 15 (2) shall be deemed public officials for purposes of Articles 129 through 132 of the Criminal Act.
Article 17(Penalty provisions) #
(1) A person who slaughters dogs for human consumption in violation of Article 5 (1) shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won.
(2) Any of the following persons shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won:
1. A person who raises or breeds dogs for human consumption, in violation of Article 5 (1);
2. A person who distributes or sells food prepared or processed with dogs as raw materials for human consumption in violation of Article 5 (2).
Article 18(Administrative fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding 3 million won:
1. A person who installs or operates a new or additional facility in violation of Article 9;
2. A person who fails to file a report in violation of Article 10 (1);
3. A person who fails to submit an implementation plan in violation of Article 10 (3);
4. A person who violates Article 10 (5) and fails to prepare and keep a record of management status for each individual dog.
(2) A person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding 1 million won:
1. A person who fails to comply with a request for submission of materials under Article 13 (1) without good cause, or who submits false materials;
2. A person who refuses, interferes with, or evades access or investigation under Article 13 (1) without good cause.
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.