Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters mandated by the Green-Bio Industry Promotion Act and those necessary for the enforcement thereof.
Article 2(Scope of green-bio industry) #
“Others prescribed by Presidential Decree” in subparagraph 2 (f) of Article 2 of the Green-Bio Industry Promotion Act (hereinafter referred to as the "Act") means medicines defined in subparagraph 4 of Article 2 of the Pharmaceutical Affairs Act, which are used only for animals.
Article 3(Formulation and implementation of master plan and action plan) #
(1) The Minister of Agriculture, Food and Rural Affairs shall formulate a master plan for promoting the green-bio industry (hereinafter referred to as "master plan") under Article 5 (1) of the Act by no later than June 30 of the year preceding the year in which the 5-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 the scale of the total project cost specified in the master plan is modified by less than 10/100;
2. Where modification is made to reflect changes from the enactment, amendment, or repeal of statutes or regulations;
3. Where modification is made to correct simple miscalculations, misstatements, omissions, or other obvious errors similar thereto;
4. Where modification is made to any other matter which does not affect the basic direction of the master plan and such modification is well-grounded.
(3) The Minister of Agriculture, Food and Rural Affairs shall formulate an annual action plan for implementing a master plan under Article 5 (4) of the Act (hereinafter referred to as "action plan") by November 30 of the year preceding the year in which such plan is implemented.
(4) An action plan shall include the following:
1. Evaluation of the performance of the action plan for the previous year;
2. Project directions and goals;
3. Main project details and implementation plans;
4. Other matters deemed necessary by the Minister of Agriculture, Food and Rural Affairs for the implementation of a master plan.
(5) When an action plan is modified, the opinions of the heads of the relevant central administrative agencies shall be heard in advance; provided, this shall not apply in any of the following cases:
1. Where modification is made to reflect changes arising from the enactment, amendment, or repeal of statutes or regulations;
2. Where modification is made to correct simple errors, misstatements, omissions, or other obvious errors similar thereto;
3. Where modification is made to any other matter which does not affect the basic direction of the action plan and such modification is well-grounded.
(6) Except as provided in paragraphs (1) through (5), details necessary for formulating and implementing a master plan and an action plan shall be determined by the Minister of Agriculture, Food and Rural Affairs.
Article 4(Fact-finding survey) #
(1) The Minister of Agriculture, Food and Rural Affairs shall conduct a fact-finding survey on the current status, etc. of the green-bio industry under Article 6 (1) of the Act (hereinafter referred to as “fact-finding survey”) as classified below:
1. Periodic surveys: Every 2 years;
2. Occasional surveys: To be conducted when the Minister of Agriculture, Food and Rural Affairs deems it necessary to utilize it for the formulation and execution of policies for promoting and revitalizing the green-bio industry.
(2) A fact-finding survey shall include the following:
1. The current status of individual sectors of the green-bio industry;
2. The general status of green-bio enterprises, such as their location and the number of employees;
3. The current status of management of green-bio enterprises, such as sales, etc.;
4. The current status of production of green-bio products and green-bio materials;
5. The current status of research and development of green-bio products and green-bio materials;
6. Other matters necessary for the establishment and implementation of a master plan and policies for promoting the green-bio industry.
(3) Fact-finding surveys shall be conducted by means of field surveys, written surveys, statistical surveys or literature surveys, and if necessary for efficient fact-finding surveys, may be conducted by electronic means such as information and communications networks or electronic mail.
Article 5(Reporting of green-bio enterprises) #
(1) “Requirements prescribed by Presidential Decree, such as provision of management information, etc.” in Article 7 (1) of the Act means the following:
1. Its articles of incorporation or business operation regulations equivalent thereto stipulate that its main business include a line of business in the green-bio industry;
2. It shall be equipped with human resources conducting projects in the fields related to the green-bio industry;
3. It shall provide management information necessary for a fact-finding survey.
(2) “Important matter prescribed by Presidential Decree” in Article 7 (2) of the Act means the following:
1. Trade name;
2. Representative;
3. Location of the principal office.
(3) A person who intends to file a report on a green-bio enterprise or a report on modification thereof pursuant to Article 7 (1) or (2) of the Act shall submit to the Minister of Agriculture, Food and Rural Affairs a report on a green-bio enterprise or a report on modification thereof prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, accompanied by documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.
Article 6(Designation of dedicated institution) #
(1) A person who intends to be designated as an institution dedicated to the promotion of the green-bio industry under Article 8 (1) of the Act (hereinafter referred to as "dedicated institution") shall meet all of the following requirements:
1. It shall be any of the following institutions or corporations:
(a) The Korea Agriculture Technology Promotion Agency under Article 33 of the Agricultural Community Development Promotion Act;
(b) A public institution under Article 4 of the Act on the Management of Public Institutions;
(c) A non-profit corporation in the green-bio industry established pursuant to Article 32 of the Civil Act;
2. It shall have a separate organization that meets all of the following requirements:
(a) Full-time staff dedicated to the promotion of the green-bio industry;
(b) A person with at least 3 years’ work experience in the green-bio industry;
3. An office and a meeting room (referring to the right to use the office or meeting room, where the office or meeting room is leased or jointly used) for performing business affairs.
(2) A person who intends to be designated as a dedicated institution shall submit to the Minister of Agriculture, Food and Rural Affairs an application for designation of a dedicated institution prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, accompanied by documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs.
(3) Where the Minister of Agriculture, Food and Rural Affairs designates a dedicated institution, he or she shall publicly announce such designation on the website of the Ministry of Agriculture, Food and Rural Affairs.
(4) The standards for the revocation of designation of a dedicated institution and suspension of its business under Article 8 (3) of the Act shall be as specified in Appendix 1.
(5) A person who intends to be designated as a dedicated institution again pursuant to Article 8 (4) of the Act shall file an application for re-designation with the Minister of Agriculture, Food and Rural Affairs at least 3 months prior to the expiration of the period of validity of the designation. In such cases, paragraphs (1) through (3) shall apply mutatis mutandis to the standards and procedures for re-designation.
Article 7(Designation of expert training institution) #
(1) A person who intends to be designated as an expert training institution under Article 10 (2) of the Act (hereinafter referred to as "expert training institution") shall meet all of the following requirements:
1. It shall be any of the following research institutes or organizations:
(a) An industrial educational institution under subparagraph 2 of Article 2 of the Industrial Education Enhancement and Industry-Academic-Research Cooperation Promotion Act, which has established and operated educational courses on the green-bio sector, or has established and operated departments and faculties related to the green-bio sector, or organizations corresponding thereto;
(b) Any of the following research institutes, institutions, or organizations established for the purpose of conducting research activities, etc. on the green-bio industry:
1) An expert training institution designated pursuant to Article 7 (2) of the Insect Industry Promotion and Support Act;
2) An agricultural bio-resources management agency under Article 15 (1) of the Act on the Conservation, Management, and Use of Agricultural Bio-Resources;
3) An expert training institution designated under Article 7 (2) of the Food Industry Promotion Act;
4) An expert training institution designated under Article 6 (2) of the Seed Industry Act;
5) A research institute, institution or organization established for the purpose of conducting research activities, etc. on the green-bio industry referred to in subparagraph 2 (d) of Article 2 of the Act and Article 2 of this Decree, which meets the requirements determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs, such as research records on the relevant field;
2. A plan for the curriculum and contents of education shall be properly formulated for the purpose of training experts in the green-bio sector;
3. It shall be equipped with facilities or equipment necessary for training experts in the green-bio sector; in such cases, detailed standards for facilities or equipment shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs;
4. It shall secure educational instructors in the green-bio sector who meet the standards prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs;
Article 8(Designation of green-bio industry promotion district) #
(1) Where necessary to designate a district for the promotion of the green-bio industry under Article 15 (1) of the Act (hereinafter referred to as "promotion district"), the Minister of Agriculture, Food and Rural Affairs may request the Mayor/Do Governor who has applied for the designation of a promotion district to supplement the development plan therefor submitted pursuant to paragraph (3) of that Article or to submit additional relevant data.
(2) Where the Minister of Agriculture, Food and Rural Affairs deems it necessary to conduct an on-site inspection to designate a promotion district, he or she may conduct an on-site survey for the relevant area.
(3) Where the Minister of Agriculture, Food and Rural Affairs cancels the designation of a promotion district pursuant to Article 15 (8) of the Act, he or she shall publicly notify the name, location, area, etc. of the promotion district and the grounds for cancellation in the Official Gazette and notify the relevant Mayor/Do Governor of such fact.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the procedures and methods for designating a promotion district and canceling the designation thereof shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs.
Article 9(Entrustment of business affairs) #
(1) The Minister of Agriculture, Food and Rural Affairs may entrust the following business affairs to a dedicated institution pursuant to Article 19 (2) of the Act:
1. Conduct of a fact-finding survey and preparation of statistics under Article 6 of the Act;
2. Receipt of reports on green-bio enterprises and reports on modification thereof under Article 7 of the Act;
3. Support for venture businesses and startups under Article 12 of the Act;
4. Support for data utilization under Article 13 of the Act;
5. Support for promotion districts under Article 16 of the Act.
(2) Where the Minister of Agriculture, Food and Rural Affairs entrusts business affairs pursuant to paragraph (1), he or she shall give public notice of the entrusted institutions and the details of the entrusted affairs.
Article 10(Re-examination of regulation) #
The Minister of Agriculture, Food and Rural Affairs shall examine the appropriateness of the following matters every 3 years, counting from respective base dates specified in the following (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. Frequency of fact-finding surveys under Article 4 (1): January 3, 2025;
2. Standards for designation of a dedicated institution, revocation of designation, and suspension of business under Article 6 (1) and Appendix 1: January 3, 2025.
2. Standards for designation of an expert training institution, revocation of designation, and suspension of business under Article 7 (1) and Appendix 2: January 3, 2025.
Article 11(Standards for imposition of administrative fines) #
The standards for imposing administrative fines under Article 22 (1) of the Act shall be as specified in Appendix 3.