Presidential Decree of Major Agricultural Seed Law (No. 5173 of 1970)

PRESIDENTIAL DECREE OF MAjOR AGRICULTURAL SEED LAW 17 PRESIDENTIAL DECREE OF MAJOR AGRICULTURAL SEED LAW (Promulgated on 9, July 1970 Presidential Decree No. 5173 Amended on 30, Aug. 1975, presidential Decree No. 7774) Article 1. (Objectives) This decree has the purpose of regulating the necessary matters concerned with the enactment of the major agricultural Seed Law (here-in after referred to as the "Seed Lawl!) Article 2. (Kinds of Agricultural Crops) The other crops regulated in the Article 2-1 of the Seed Law are as fo116\';s; 1. Sweet potato 3. Red bean 5. Sorghum 7. Chinese vetch 2. Corn 4. I talian millet 6. Buckwheat 8. Vetch Article 3. (Standard and pro ceaure of seed sale pennission) (1) Persons who want to obtain a license ~or seed sale accotding to article 8, shall provide standard facilities as regulated in appendix 1, and shall apply for the seed sale license to the Major of Seoul City, Busan City or Provincial governor (here-in after referred to as provincial governor) who has jurisdiction of their Lccat.Lon with required papers. (2) The provincial gove rno r receiving t.ne applica tion for seed sale licenses as designated in the clause 1) shall issue the license if the applica~t meet~ the requirsD8n~s of the stand ards and procedure for sS3i sale. Article 4. (Recommendation of export end import) (1) The person who wants to exper-t and import the seeds (including tuber roots and seedling, herein after the same) e ccordang to the Article 9 i-tem 1 of the Seed Law shall apply for re commendation to expor-t or import seed to the minister of agriculture and fisheries with the preparation of the export - import appliea tion and it's following supplementar,y: 20 Article 5. 1. The project schedule for the seed of export or import; 1 copy 2. .Agency contract for the seed for export ani L~port or certificate which proves the don~tion of seed; 1 copy (2) If the minister of agriculture and fisherie~ recognizes the necessity of seed export import according to the reGulations' of clause 1, the minister of agriculture ani fisheries shall a~prove the recom~endation of export - import to the ~pplicant. (R.evolving fund operation schedule) (1) The minister of agriculture and fisheries, e ccordang to the c:.rticle 10 of the Seed Law, shall layout the seed revolving fund (Here in after referred to as the Revolving Fund) operation schedule before the beginning of the fis cal ye ar, (2) The revolving fund ope.ration schedule as disignated in clause 1, srail be considered 21 by the cabinet council and must be approved by the president. Herein after the same as in making an amendment of the revolving fund operation schedule. Article 6. (Establishment of partitioned accounts for the revolving fund) The minister of agriculture and fisheries shall establish partitioned accounts for the revolving fund in the Bank of Korea in order to clarify the income and the disbursement of the revolving fund. Article 7. (Appointment or dismissal of revolving fund accounting olfficials) (1) The minister of agriculture and fisheries may assign the representation of revolving fund accounting instruction offices, the representation of revolving fund accounting offices, the revolving fund accounting instruction official of partial charge and revo'Ivi.ng fund accounting official of partial charge at the local autonomus bodies when it 22 is recognized as neessary for the operation of revolving fund in order to take partial charge of the affairs or take charge of the whole affairs of the business of the revolving fund accoa~ting instruction officer, and the revolving fund accounting official. (2) When the minister of agriculture and fisheries appoints or dismisses the revolving fund accounting instructing officer and the revolving fund accounting official in accordance with the hrticle 16 of the seed Law, 11e must inform the admini strator of Board of Audit and Inspection the ~~nister of Finance and the president of Bank. Here in after the same when appointments or dismissals of the representation of revolving fund accounting instruction officer, the representation of revolving fund account ing officer, the revolving fund accounting instruction official of pam al charge and 23 revolving fund accounting officral of partial charge. Article B. (The affairs accounting agency) (1) The Revolving Fund accounting instruct.ion office (includes repre3entation or accounting instructing officer of partial charre of the revolving fund. the S~TJe as here in after) takes charge of the affairs concerned wi.t h the collection 0f th~ inc~ss fr0m the rev~lving f~~d and the contract and the action due to disburse (Here-in after called as disbursement causing-Action) the othor expenses. 24 hrticle 9. (Appointment of transactions) The revolving fund accounting official must specify the appointed Bank of Korea (including Main Bank, Branch-Bank and Bank agency for the national fund, herein after the same) as the bank of furnishment of the check issued by him ( here in after as the bank of transaction). Article 10. (Collection procedure of revolving fund) (1) If the revolving fund accounting instruction officer collects the income of the revolving fund, he shall conduct an examination and deternunation of the amount of income to be collected and inform the amount of payment due to the payer in advance. (2) Those who receive the notification of payment due in accordance wit h the regulations of clause 1, shall pay to the revolving fund account in the Baak of Korea. (3) ~men the Bank of Korea receives income for the revolving fund, the bank shal.l 25 immediately send the receiving info~ation peper to the revolving fund accounting instruc tion officer. (4) The Bank of Korea in accordance with clause 2, shall accumulate the income of the revolving fund to the revolving fund account which previously established, in the Bank of Korea according to the handling procedure of nat i.onal. funds. Article 11. (The procedure of revolving fund expenditure) (1) If the revolving fund accounting instructing officer wants to expend money he shall send the papers related to the Disbursement-Causing Action to the revolving fund accounting official. (2) If the revolving fund accounting official expends money from the fund in accordance to the preceding clause, he shall issue the check which designates which Bank shall be responsible for the payment of transaction. 26 (3) If the revolving fund accounting instructing officer makes the Disbursement-Causing-Action and if the expenditure is not made within the fiscal year due to the inevitable reasons, it can be carried over tq.- the next fiscal year. Article 12. (Allocation of the ceiling of the revolving fund expenditure) (1) The minister of agriculture and fisheries requests the allocation of the fund expenditure ceiling to the rr~r~ster 0: finance in acc~rd ance to the fund schedule as jesignated in Article 5. The nUnister of finance shall inform the Bank of Korea ani the minister of agriculture and fisheries when ceiling have been allocated. (2) The minister of agriculture and fisheries allocates the ceilihg amount of the expenditure as described in the clause 1, to the revolving fund accounting official and informs the minister of finance and the president of the Bank of Korea. 27 Article 13. (The Disbursement-Causing-Action of revolving fund) The revolving fund accounting instruction officer shall make Disbursement-Causing-hction vuthin the ceiling amount of expenditure as described in Article 12. Article 14. (Report) (1) The revolving fund accounting instruction officer (excluding representation or accoQ~ting instruction officer of partial charge) shall report the papers of fund collection and the expenditure cause every month to the minister of agriculture and fisheries before the 10th of the mext month, revolving fund accounting official (excluding representation accounting officer or accounting officer of partial charge) shall report the papers of fund expenditure. (2) The amount of money reported in the preceding cl.ause shall be added to the executive amount of money of the revolving fund, account.Lng 28 instruction officer, the representation of revolving fund accounting officer, the revolving fund accounting instruction official of partial charge and revolving fund accounting official of partial charge. Their reports shall be attached as appendix. 0) The minister of the agriculture and fisheries shall prepare the final report a ccordi.ng to clause 1, and submit to the minister of finan ce before the 20th of the next, month. Article 15. (Report of settlement of accounts) The minister of agriculture and fisheries shall make the papers of the settlement of accounts and submit to the minister of finance within 80 days after the end of every fiscal year. 1rticle 16. (Adoption of other decreeS) Other decrees regulating budget and accounting shall be applied to the management and operation of the revclving fund shall apply when procedures are not covered Ly the Seed Law ani this decree. 29 Article 17. (The category of cultivation prohibition order). (1) According to the article 17, of the Seed Law the category of prohibition or omission of the designated plants in the area within 1,000 meters from the boundary of the seed farm. (2) The kinds of plant prohibited and isolated distances shall be designated by the regula t.i.ors of the ministry of agri culture and fisheries. Article 18. (Establishment of National Seed Council) In order to discuss the important items concern ing with the improved seed the national seeds council, (here in after the seeds council), shall be established under the minister of agriculturs and fisheries. 30 Article 25. (Mandate of Authority) (1) As a part of the authority of the minister of agriculture and fisheries, as designated in article 3 item 1 of the Seed Law, the authcri~y of foundation seed production shall be mandated to the administrator of office of rural development. (2) The authorities of the minister of agriculture and fisheries shall be nominated to the governors as follows. Lioenses of seed sale as designated in article 8 of the seed law. Revoking of the license to sell seed and stopping seed sale activit$s as designated in article 18 of the Seed Law 34 Article 26. (Enforcement of regulation) The necessary matters regarding enforcement of this decree here in shall be determined by the l~F regulation. Supplementary Rules (1) (Effective date) This decree shall come into effect at the date of pronulgation. ~ Appendix 1. The standard of seed sale permission (1) The standard of facilities provision Required Conditions !-------------+1------------ ----------------1 : The Structure of warehouse i Partition the place where people: I, or shop. ;1 I, live in from the storage area materials and seed I: gauge 1 - 37