Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters mandated by the Act on Promotion of Rural Community-Based Economic and Social Services and matters necessary for the enforcement thereof.
Article 2(Beneficiaries of social agriculture) #
"Persons prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act on Promotion of Rural Community-Based Economic and Social Services (hereinafter referred to as the "Act") means any of the following:
1. Members of multicultural families defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act;
2. Out-of-school youth defined in subparagraph 2 of Article 2 of the Act on the Support for Out-of-School Youth;
3. Persons confirmed to have a disease or in need of health promotion due to addiction, misuse, or abuse of alcohol or drugs (including narcotics defined in subparagraph 1 of Article 2 of the Narcotics Control Act);
4. Other persons requiring support to promote health and perform social roles through agriculture, who meet the standards determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs.
Article 3(Formulation of promotion plan) #
(1) The Minister of Agriculture, Food and Rural Affairs shall formulate a plan to promote rural economic and social services based on rural communities (hereinafter referred to as "promotion plan") every 3 years under Article 5 (1) of the Act, by August 31st of the year preceding the year in which the 3-year cycle begins.
(2) "Modification of minor matters prescribed by Presidential Decree" in the proviso of Article 5 (3) of the Act means any of the following cases:
1. Where a modification is made to the matters referred to in Article 5 (2) 1 of the Act;
2. Where a modification is made to the systems and schedule for promoting specific tasks included in the promotion plan, institution in charge, or the relevant institutions to the extent that the basic direction and objectives of the promotion plan remain intact;
3. Where a modification is made to reflect changes arising from the enactment, amendment, or repeal of statutes or regulations;
4. Where a modification is made to reflect the details of a plan formulated pursuant to other statutes or regulations;
5. Where a modification is made to correct a calculation error, misspelling, omission or any other matter equivalent thereto, modification of which is well-grounded.
(3) Except as provided in paragraphs (1) and (2), matters necessary for formulating, modifying and implementing a promotion plan shall be prescribed by the Minister of Agriculture, Food and Rural Affairs.
Article 4(Formulation of City/Do plan and Si/Gun plan) #
(1) Where a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") formulates a plan to promote rural economic and social services based on rural communities for a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") (hereinafter referred to as "City/Do plan") under Article 6 (1) of the Act, he or she shall formulate such plan within 2 months from the receipt of a notice of the promotion plan under Article 5 (4) of the Act and notify the plan to the head of a Si (including the head of an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereafter in this Article the same shall apply) or the head of a Gun. This shall also apply to any modification of a City/Do plan to reflect changes in the promotion plan.
(2) Where the head of a Si/Gun formulates a plan to promote rural economic and social services based on rural communities for a Si (including an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereafter in this Article the same shall apply) or a Gun (hereinafter referred to as "Si/Gun plan"), he or she shall formulate such plan within 2 months from the receipt of a notice of the City/Do plan under paragraph (1). This shall also apply to any modification of a Si/Gun plan to reflect changes in the City/Do plan.
(3) Where a Mayor/Do Governor formulates a City/Do plan or the head of a Si/Gun formulates a Si/Gun plan, he or she shall take into account the rural economic and social services provision plan formulated by the relevant local government under other statutes or regulations.
(4) Upon formulation of a City/Do plan or a Si/Gun plan, the Mayor/Do Governor or the head of the Si/Gun shall submit it to any of the following persons within one month from the formulation thereof:
1. A City/Do plan: The Minister of Agriculture, Food and Rural Affairs;
2. A Si/Gun plan: The Mayor/Do Governor.
(5) Except as provided in paragraphs (1) through (4), matters necessary for formulating and implementing a City/Do plan or a Si/Gun plan shall be determined by the Minister of Agriculture, Food and Rural Affairs.
Article 5(Designation of educational and training institution) #
"An institution or organization equipped with facilities and human resources prescribed by Presidential Decree" in Article 8 (2) of the Act means an institution or organization that meets all of the following requirements:
1. It shall be any of the following institutions or organizations:
(a) A public institution under Article 4 of the Act on the Management of Public Institutions;
(b) A nonprofit corporation established under Article 32 of the Civil Act;
(c) A local government-invested or -funded institution under Article 5 of the Act on the Operation of Local Government-Invested or -Funded Institutions;
(d) A corporation established under special statutes;
2. It shall have a department dedicated to such business affairs as education, training, counseling, etc. related to the promotion of rural economic and social services;
3. It shall have all of the following human resources:
(a) At least one full-time employee responsible for the management and operation of programs including education, training, counseling, etc. related to the promotion of rural economic and social services;
(b) At least 3 instructors (including part-time instructors) with work experience in education, training, counseling, etc. related to the promotion of rural economic and social services;
4. It shall secure legitimate rights to use the following facilities and equipment, such as ownership or right to use:
(a) It shall be equipped with convenience facilities, including offices, lecture rooms, toilets and lounges; in such cases, the facilities shall be separated from each other;
(b) Equipment necessary for education, training, counseling, etc., such as computers, screens and sound equipment.
Article 6(Requirements for designation of rural service local community) #
“The number .. the same as, or larger than, that prescribed by Presidential Decree” in Article 9 (2) 5 of the Act means at least 5 persons.
Article 7(Designation of national support institution for promoting rural economic and social services) #
(1) Where the Minister of Agriculture, Food and Rural Affairs designates a national support institution for the promotion of rural economic and social services under Article 16 (1) of the Act (hereinafter referred to as "national support institution"), he or she shall issue a certificate of designation of a national support institution prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs and publicly announce such designation on the website of the Ministry of Agriculture, Food and Rural Affairs.
(2) "A non-profit corporation prescribed by Presidential Decree" in Article 16 (2) 1 of the Act means any of the following corporations or institutions:
1. A nonprofit corporation established under Article 32 of the Civil Act;
2. A nonprofit corporation or institution, from among the following corporations or institutions:
(a) A public institution under Article 4 of the Act on the Management of Public Institutions;
(b) A local government-invested or -funded institution under Article 5 of the Act on the Operation of Local Government-Invested or -Funded Institutions;
(c) A corporation established under special statutes;
(3) “Standards for organizational structure, human resources, and facilities prescribed by Presidential Decree” in Article 16 (2) 2 of the Act means the following:
1. It shall have a department dedicated to performing the duties prescribed in the subparagraphs of Article 16 (3) of the Act;
2. It shall have at least 4 full-time employees dedicated to performing the duties prescribed in the subparagraphs of Article 16 (3) of the Act, including one manager in charge;
3. It shall secure legitimate rights to use offices, conference rooms and computer systems necessary for performing the duties under the subparagraphs of Article 16 (3), such as ownership or right to use; in such cases, the offices and conference rooms shall be separated.
(4) Pursuant to Article 16 (4) of the Act, a national support institution shall report to the Minister of Agriculture, Food and Rural Affairs on its business plan for the relevant year, details of business affairs performed in the preceding year, and the results thereof by the end of every February.
(5) Detailed standards for the revocation of designation of a national support institution and suspension of its business under Article 16 (6) of the Act shall be as specified in Appendix 1.
Article 8(Designation of local support institution for promoting rural economic and social services) #
(1) Where the head of a Si (including a Special Self-Governing City Mayor and the head of an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu of a Metropolitan City; hereinafter the same shall apply) designates a local support institution for the promotion of rural economic and social services (hereinafter referred to as "local support institution") under Article 18 (1) of the Act, he or she shall issue a certificate of designation of a local support institution prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs and publicly announce such fact on the website of the relevant Si (including a Special Self-Governing City and an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (referring to an autonomous Gu of a Metropolitan City; hereinafter the same shall apply).
(2) "A non-profit corporation prescribed by Presidential Decree" in Article 18 (2) 1 of the Act means any of the following corporations or institutions:
1. A nonprofit corporation established under Article 32 of the Civil Act;
2. A nonprofit corporation or institution, from among the following corporations or institutions:
(a) A public institution under Article 4 of the Act on the Management of Public Institutions;
(b) A local government-invested or -funded institution under Article 5 of the Act on the Operation of Local Government-Invested or -Funded Institutions;
(c) A special-purpose corporation established under special statutes.
(3) "Standards for organizational structure, human resources, and facilities prescribed by Presidential Decree" in Article 18 (2) 2 of the Act means the following:
1. It shall have a department in charge of performing the duties prescribed in the subparagraphs of Article 18 (3) of the Act and a least one person-in-charge;
2. It shall secure legitimate rights to use offices, conference rooms and computer equipment necessary for performing the duties under the subparagraphs of Article 18 (3), such as ownership or right to use.
(4) Detailed standards for the revocation of designation of a local support institution and suspension of its business under Article 18 (6) of the Act shall be as specified in Appendix 2.
Article 9(Procedures for receipt of donations) #
(1) Upon receipt of any voluntary donation under Article 19 (1) of the Act, a national or local support institution shall issue a receipt to the donator; provided, such receipt may not be issued where the donation is made anonymously or the donator is unknown.
(2) Where a donation is made for a specific purpose as designated by the donor, the national or local support institution shall use it only for such purpose; provided, it may be used for other purposes upon the donor’s consent where there is any special reason that makes it impracticable to use it for the designated purpose.
(3) Notwithstanding the proviso of paragraph (2), where it is impossible to obtain the consent of a donor, such as where the donation is made anonymously or the donor is unknown, the donation may be used for any other purpose after posting such fact according to the following classification; provided, donations which are likely to be perishable or difficult to store, such as food and beverages, may be used without such posting:
1. A national support institution: Posting on the information network for providing information related to rural economic and social services under Article 16 (3) 4 of the Act for at least 7 days;
2. A local support institution: Posting on the website of a Si/Gun/Gu for at least 7 days.
(4) A national or local support institution shall keep a ledger on the status of the donations received and used and shall ensure that donors can access to the information on the receipt and use of their donations.
Article 10(Delegation or entrustment of authority or duties) #
(1) Pursuant to Article 22 (1) of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate his or her authority to impose and collect administrative fines under Article 23 (1) of the Act to the head of a Si/Gun/Gu.
(2) Pursuant to Article 22 (2) of the Act, the Minister of Agriculture, Food and Rural Affairs shall entrust the duties for the establishment and operation of the information systems under Article 15 (3) of the Act to a national support institution designated under Article 16 (1) of the Act.
(3) Pursuant to Article 22 (2) of the Act, the head of a Si (excluding the head of an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Gun/Gu may entrust all or some of the following duties to a local support institution designated under Article 18 (1) of the Act, as prescribed by municipal ordinance:
1. Designation of a rural service local community under Article 9 (1) of the Act;
2. Periodic inspection of the status of organization and operation of a rural service-specialized community under the former part of Article 12 (4) of the Act.
Article 11(Re-examination of regulation) #
The Minister of Agriculture, Food and Rural Affairs shall examine the appropriateness of the following matters every 3 years from January 1, 2025 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
1. Standards for the designation of an educational and training institution under Article 5;
2. Standards for the designation of a national support institution under Article 7 (2) and (3);
3. Standards for the designation of a local support institution under Article 8 (2) and (3).
Article 12(Standards for imposition of administrative fines) #
The standards for the imposition of administrative fines under Article 23 (1) of the Act shall be as specified in Appendix 3.