Framework Act on Agriculture and Fisheries, Rural Community and Food Industry

FRAMEWORK ACT ON AGRICULTURE AND FISHERIES, RURAL COMMUNITY AND FOOD INDUSTRY Amended by Act No. 9717, May 27, 2009 Amended by Act No. 10220, Mar. 31, 2010 Act No. 10449, Mar. 9, 2011 Act No. 11094, Nov. 22, 2011 Act No. 11499, Oct. 22, 2012 Act No. 11561, Dec. 18, 2012 Article 1 (Purpose) The purpose of this Act is to provide for basic matters concerning directions to be sought by agriculture, fisheries, rural communities and the food industry and directions of national policy in order to pursue the sustainable development of agriculture, fisheries, and rural communities, which are the economic, social and cultural foundations of the citizens, to stably supply safe agricultural and fishery products, and quality food to the citizens, and to enhance the level of income and quality of life of farmers and fishermen. Article 2 (Basic Ideology) The basic ideologies of this Act are as follows: 1. As key industries carrying out economic and public functions by stably supplying safe agricultural and fishery products and quality food to the citizens and contributing to preserving the environment of the national territory, agriculture and fisheries shall be encouraged to serve as a foundation for the economic, social and cultural development of the citizens; 2. Farmers and fishermen shall be encouraged to become major economic players realizing an income in balance with those of workers in other industries based on self-regulation and creativity; 3. Rural communities shall be encouraged to preserve their unique traditions and culture and be developed into an industrial and living space providing a pleasant environment to the citizens in order to pass them down to future generations. Article 3 (Definitions) The terms used in this Act shall be defined as follows: 1. The term "agriculture and fisheries" means each of the following industries: (a) Agriculture: Crop cultivation, livestock farming, forestry, and other industries related thereto and determined by Presidential Decree; (b) Fisheries: Industries capturing, collecting or culturing aquatic animals and plants, salt industries making salt through evaporating seawater naturally in the saltern, and industries related thereto; 2. The term "farmer and fisherman" means either of the following: (a) Farmer: A person meeting the criteria determined by Presidential Decree, who operates or engages in agriculture; (b) Fisherman: A person meeting the criteria determined by Presidential Decree, who operates fisheries, or engages in the capture, collection or culture of fishery resources for those who operate fisheries or in producing salt through naturally evaporating seawater in the saltern; 3. The term "agricultural and fishery business entity" means the agricultural and fishery business entity under subparagraph 7 of Article 2 of the Act on Fostering and Supporting Agricultural and Fishery Business Entities; 4. The term "producers' organization" means an organization determined by Presidential Decree, which is autonomously organized by farmers and fishermen for the promotion of productivity of agriculture and fisheries and protection of rights and interests of farmers and fishermen; 5. The term "rural community" means an area falling under any of the following items: (a) Eup or Myeon; (b) Area, other than that mentioned in item (a), which the Minster of Food, Agriculture, Forestry and Fisheries publishes in consideration of the agriculture, fisheries, industries related to agriculture and fisheries, farming and fishing population, living conditions, etc. thereof; 6. The term "agricultural and fishery product" means either of the following: (a) Agricultural product: Products produced as a result of agricultural activities and determined by Presidential Decree; (b) Fishery product: Products produced as a result of fishing activities and determined by Presidential Decree; 7. The term "food" means any of the following substances: (a) Agricultural and fishery products that humans can eat or drink directly; (b) All kinds of food and drink, the ingredients of which are agricultural and fishery products; 8. The term "food industry" means an industry producing, processing, manufacturing, cooking, packing, storing, transporting or selling food and determined by Presidential Decree; 9. The term "public function of agriculture, fisheries and rural communities" means a function falling under any of the following items, which agriculture, fisheries and rural communities possess: (a) Stable food supply; (b) Preservation of the environment of the national territory and natural landscape; (c) Creation and cultivation of water resources; (d) Prevention of soil loss and flood; (e) Preservation of the ecosystem, fishery resources and coasts; (f) Preservation of traditions and culture unique to agricultural and fishing communities; 10. The term "fishery resource" means aquatic animals and plants living submerged in the water and useful to the national economy and to the lives of citizens; 11. The term "fishing ground" means inland waters, waters and tidal flats that aquatic organisms inhabit and are usable for fisheries. Article 4 (Responsibilities of State, Local Governments, Farmers, Fishermen, Consumers, etc.) (1) The State and local governments shall formulate and implement comprehensive policies in order to promote the sustainable development and public functions of agriculture, fisheries and rural communities, to supply safe agricultural and fishery products and quality food in a stable manner, to train human resources for agriculture and fisheries, to stabilize the income of residents in rural communities and to improve the quality of life of residents in rural communities. <Amended by Act No. 11561, Dec. 18, 2012> (2) As a person who plays a main role in the development of agriculture, fisheries and rural communities, every farmer, fisherman and resident in rural communities shall endeavor to produce and supply safe and quality agricultural and fishery products in a stable manner and contribute to national development through the improvement of productivity, innovation of agricultural and fishery businesses, etc. (3) A producers' organization shall endeavor to ensure the sustainable development of agriculture, fisheries and rural communities and to maximize the rights and interests of farmers and fishermen through the stabilization of demand for, and supply of agricultural and fishery products and improvement of distribution thereof, efficient operation of agricultural and fishery businesses, enhancement of public functions of agriculture, fisheries and rural communities. (4) Every person that works in the food industry shall endeavor to produce and supply quality food in a stable manner and to contribute to the sustainable development of the food industry, agriculture, fisheries and rural communities and improvement of sound dietary of consumers. (5) Every consumer shall pro-actively endeavor to enhance his/her understanding of the public functions of agriculture, fisheries and rural communities and to consume agricultural and fishery products and food in a sound manner. Article 4-2 (Farmers' Day) (1) November 11 of each year is designated as Farmers' Day to inform citizens of the importance of agriculture and farming villages, and inspire the pride and confidence of farmers. (2) The State and local governments shall endeavor to perform projects, such as an event appropriate for Farmers' Day designated under paragraph (1). Article 5 (Relations with other Acts) The enactment or amendment of other Acts concerning agriculture, fisheries, rural communities and the food industry shall comply with the provisions of this Act. Article 6 (Basic Principles of Formulation and Implementation of Policies) (1) When the State and local governments formulate and implement policies for agriculture, fisheries, rural communities and the food industry, they shall seek efficiency based on the principle of the market economy, taking into account the public functions of agriculture, fisheries and rural communities to the utmost extent. (2) When the State and local governments formulate policies for the development of agriculture, fisheries, rural communities and the food industry, they shall give due consideration to the maintaining of local communities and characteristics of agriculture, fisheries and rural communities in the relevant area. Article 7 (Stable Supply of Agricultural and Fishery Products and Food) For the stable supply of safe agricultural and fishery products and quality food, the State and local governments shall formulate and implement policies necessary for securing the safety of agricultural and fishery products in the production stage, development of agriculture, fisheries and the food industry, and setting and maintaining of optimum goal of self-sufficiency of food and staples. Article 8 (Structural Improvement and Sustainable Development of Agriculture and Fisheries) (1) The State and local governments shall endeavor for the stabilized increase of income of farmers and fishermen through the improvement of agricultural and fishery structures including human resources engaging in agriculture and fisheries, operation of agricultural and fishery businesses, possession and use of farmland, use and preservation of fishing grounds, use of fishery resources, distribution of agricultural and fishery products, etc. and vitalization of the food industry, agricultural and fishing materials industries, etc. (2) For the promotion of the environment preservational function of agriculture and fisheries and facilitation of the production and consumption of safe agricultural and fishery products and quality food, the State and local governments shall foster sustainable environment-friendly agriculture, fisheries, etc. Article 9 (Promotion of Public Functions of Agriculture, Fisheries and Rural Communities) For balanced national development and improvement of the dietary life of the citizens, the State and local governments shall endeavor to maintain and promote the public functions of agriculture, fisheries and rural communities to the utmost extent. Article 10 (Development of Local Agriculture and Fisheries and Promotion of Welfare of Residents in Rural Communities) (1) The State and local governments shall endeavor to develop each rural community into an industrial, living and recreational place connected to urban areas and to preserve and inherit the unique traditions and culture of rural communities by maintaining the landscape of rural communities, coasts of fishing villages and local communities. (2) The State and local governments shall endeavor to enable residents in rural communities to enjoy welfare benefits related to improving the quality of life, such as medical care, education, housing, water supply and sewerage, etc. Article 11 (Fostering of Agriculture, Fisheries and Food Industry-related Organizations) (1) For the protection of rights and interests of farmers, fishermen, persons engaging in the food industry and consumers and facilitation of their economic activities, the State and local governments may support the establishment and operation of organizations related to agriculture, fisheries and the food industry. (2) When the organizations referred to in paragraph (1) intend to establish and operate a social consultative body for the realization of their common objectives or to establish and operate facilities necessary for the education, training, guidance for business operation, counseling, etc. for the members, farmers, fishermen, etc. of such organizations, the State and local governments may subsidize the expenses therefor. (3) Matters necessary for the criteria, etc. for assisting the operation of organizations or the establishment and operation of facilities as referred to in paragraphs (1) and (2) shall be determined by Presidential Decree. Article 11-2 (Establishment of Korea Agency of Education, Promotion and Information Service in Food, Agriculture, Forestry and Fisheries) (1) The Minister of Food, Agriculture, Forestry and Fisheries shall establish the Korea Agency of Education, Promotion and Information Service in Food, Agriculture, Forestry and Fisheries (hereinafter referred to as "EPIS") to efficiently promote development of human resources for agriculture and fisheries, facilitation of the informatization of agricultural food and rural communities, propagation and publicity of the value of rural community cultures, enhancement of the ability of agricultural and fishery business entities and provision of safety information on agricultural and fishery products. (2) EPIS shall be a corporation. (3) EPIS shall be duly formed when the registration for its establishment is completed at the registry office having jurisdiction over its main place of business. (4) EPIS shall conduct the following projects: 1. Promoting informatization in the fields of agriculture, fisheries, rural communities and the food industry; 2. Fostering culture regarding agriculture, fisheries and rural communities, and propagating and publicizing the value thereof; 3. Enhancing the technology level and management ability of agricultural and fishery business entities; 4. Training human resources, such as professional personnel in the fields of agriculture, fisheries, rural communities and the food industry; 5. Providing safety information on agricultural and fishery products, invigorating information exchanges, and protecting knowledge and industrial property rights; 6. Supporting information on trade policies and international cooperation in the fields of agriculture, fisheries, rural communities and the food industry; 7. Providing knowledge and information services in the fields of food, agriculture, forestry and fisheries; 8. Other projects designated or entrusted by the Minister of Food, Agriculture, Forestry and Fisheries. (5) The Government may fully or partially contribute or subsidize expenses incurred in establishing and operating EPIS within budgetary limits. (6) Except as otherwise expressly provided for in this Act and the Act on the Management of Public Institutions, provisions related to incorporated foundations under the Civil Act shall apply mutatis mutandis to EPIS. Article 12 (Policies for Agriculture, Fisheries, Rural Communities and Food Industry in Preparation for National Reunification) In recognition that the trade of agricultural and fishery products and food between North and South Korea is an internal deal between the Korean race, the Government shall endeavor to formulate and implement policies for agriculture, fisheries, rural communities and the food industry in preparation for national reunification. Article 13 (Trade and International Cooperation) (1) The Government shall formulate and implement foreign trade policies in consideration of the characteristics of Korean agriculture, fisheries, rural communities and the food industry, and endeavor to reinforce international cooperation in compliance with the principle of reciprocity and development level of the national economy, and contribute to the international community. <Amended by Act No. 11094, Nov. 11, 2011> (2) The Government shall endeavor to minimize damage to agriculture, fisheries, rural communities and the food industry in formulating and implementing foreign trade policies pursuant to paragraph (1). <Newly Inserted by Act No. 11094, Nov. 11, 2011> (3) The Government shall formulate and implement complementary measures when the public functions of agriculture, fisheries and rural communities have been weakened due to major changes in trade conditions. <Newly Inserted by Act No. 11094, Nov. 11, 2011> Article 14 (Formulation of Plan to Develop Agriculture, Fisheries, Rural Communities and Food Industry) (1) The Minister for Food, Agriculture, Forestry and Fisheries shall formulate a plan to develop agriculture, fisheries, rural communities and the food industry (hereinafter referred to as "master plan") for the sustainable development of agriculture and fisheries, balanced development and preservation of rural communities, and fostering of agriculture and fisheries-related industries, including the food industry. (2) The master plan shall include the following matters: <Amended by Act No. 10935, Jul. 25, 2011; Act No. 11094, Nov. 11, 2011> 1. Objectives for development of agriculture, fisheries, rural communities and the food industry and basic direction-setting for development policies; 2. Optimum targets for self-sufficiency of food and staples and promotion plans; 2-2. Polices to increase rice consumption; 3. Policies to be taken by the Government in relation to agriculture, fisheries, rural communities and the food industry; 4. Funding plans to promote policies on the agriculture, fisheries, rural communities and the food industry. 5. Other matters necessary for promoting the comprehensive and planned development of agriculture, fisheries, rural communities and the food industry. (3) When the Minister for Food, Agriculture, Forestry and Fisheries sets the targets for self-sufficiency of food and staples referred to in paragraph (2) 2, he/she shall set and publicly announce the following matters every five years and utilize them as indices for the mid-and long-term policies for agriculture, fisheries, rural communities and the food industry: <Amended by Act No. 11094, Nov. 11, 2011> 1. The ratio of self-sufficiency of rice and barley for food; 2. The ratio of self-sufficiency of all kinds of grain; 3. The ratio of self-sufficiency of beef, pork, chicken and milk; 4. The ratio of self-sufficiency of major fishery products determined and published by the Minister for Food, Agriculture, Forestry and Fisheries. (4) When the Minister for Food, Agriculture, Forestry and Fisheries has formulated the master plan pursuant to paragraph (1), he/she shall submit it to the National Assembly without delay. (5) Each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall formulate and implement a plan to develop agriculture, fisheries, rural communities and the food industry in the relevant Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do plan") in consideration of the master plan and characteristics of his/her jurisdiction. <Amended by Act No. 11094, Nov. 11, 2011> (6) The head of each Si/Gun/autonomous Gu (excluding autonomous Gus in Special Metropolitan Cities; hereinafter the same shall apply) shall formulate and implement a plan to develop agriculture, fisheries, rural communities and the food industry development plan in the relevant Si/Gun/autonomous Gu (hereinafter referred to as "Si/Gun/Gu plan") in consideration of the Metropolitan City/Do plan and the characteristics of his/her jurisdiction. (7) Matters necessary for formulating and implementing the master plan, Metropolitan City/Do plans and Si/Gun/Gu plans shall be prescribed by Presidential Decree. Article 15 (Deliberation Council on Policies for Agriculture, Fisheries, Rural Communities and Food Industry) (1) The Central Deliberation Council on Policies for Agriculture, Fisheries, Rural Communities and Food Industry, deliberation council on policies for Metropolitan City/Do agriculture, fisheries, rural communities and the food industry and deliberation council on policies for Si/Gun/Gu agriculture, fisheries, rural communities and the food industry shall be each established in the Ministry for Food, Agriculture, Forestry and Fisheries, each Metropolitan City/Do and each Si/Gun/autonomous Gu. (2) The deliberation councils on policies for agriculture, fisheries, rural communities and the food industry at each level referred to in paragraph (1) shall deliberate on master plans, City/Do plans, Si/Gun/Gu plans and others, such as each of the following matters concerning the development of agriculture, fisheries, rural communities and the food industry: 1. Matters concerning the formulation and alteration of agriculture, fisheries, rural communities and the food industry development plans; 2. Annual reports on agriculture, fisheries, rural communities and the food industry under Article 17; 3. Matters concerning major policies for fisheries and other fields; (3) Matters necessary for the organization, operation, etc. at each level of the deliberation councils on policies for agriculture, fisheries, rural communities and the food industry under paragraph (1) shall be determined by Presidential Decree. Article 16 (Promotion of Agriculture, Fisheries, Rural Communities and Food Industry Development Plans) (1) For the efficient advancement of master plans, City/Do plans and Si/Gun/Gu plans that are determined pursuant to Articles 14 and 15, the State and local governments shall endeavor to have working expenses necessary for the implementation of the master plans, City/Do plans and Si/Gun/Gu plans be preferentially reflected to the budget for each year. (2) The Minister for Food, Agriculture, Forestry and Fisheries may evaluate each City/Do plan and Si/Gun/Gu plan in terms of connection to master plan, performance, outcomes, etc. and provide a budget graded according to the results thereof. Article 17 (Annual Report on Agriculture, Fisheries, Rural Communities and Food Industry) (1) The Government shall prepare a report on the current state, policy trends, etc. of agriculture, fisheries, rural communities and the food industry, and submit it to the National Assembly each year. (2) A Mayor/Do Governor and the head of each Si/Gun/autonomous Gu shall prepare a report on the current state, policy trends, etc. of the agriculture, fisheries, rural communities and the food industry of the relevant region and submit it to the relevant local council each year. (3) The reports referred to in paragraphs (1) and (2) shall contain evaluation results on policies for agriculture, fisheries, rural communities and the food industry and a supplementation plan therefor. Article 18 (Overhaul of Relevant Administrative Organizations) The State and local governments shall endeavor to improve and overhaul administrative organizations necessary for the efficient promotion of policies for agriculture, fisheries, rural communities and the food industry. Article 19 (Safety Management of Agricultural and Fishery Products in Production Stage) The State and local governments shall formulate and implement necessary policies, such as agricultural and fishery traceability system, certification of good agricultural and fishing practice, and priority control of hazardous elements in livestock, agricultural and fishery products, so that agricultural and fishery products that are used as ingredients for food can be produced in a safe and sound manner. Article 20 (Quality Control of Agricultural and Fishery Products and Food, etc.) (1) For the improvement of the quality of agricultural and fishery products and food, and protection of consumers, the State and local governments shall formulate and implement policies on technologies for the management of agricultural and fishery products after production, indication of place of origin, quality control, etc. (2) The State and local governments shall formulate and implement policies for the prevention of pests and diseases of animals and plants (including aquatic animals and plants; hereinafter the same shall apply), hygiene of livestock and fishery products, etc. (3) For the protection of citizens' health and agricultural and fishing environments, the Government shall formulate and implement policies necessary for the quarantine of exported and imported agricultural and fishery products, animals and plants, sanitary inspection of livestock and fishery products, etc. Article 21 (Fostering of Food Industry) In order to raise the value of agricultural and fishery products and supply quality food to citizens, the State and local governments shall formulate and implement policies for assisting research and development of food, such as processed products of agricultural and fishery products and traditional food, installation and expansion of facilities of the food industry, marketing, etc. Article 22 (Inheritance and Development of Traditional Eating Culture) The State and local governments shall formulate and implement necessary policies to inherit and develop traditional eating culture agreeable with the taste and physical constitution of the citizens. Article 23 (Stable Supply of Food and Staples) (1) In preparation for emergency cases where the prices and supply of food and staples are instable internationally or natural disasters hamper the stable provision of food and staples, the Government shall formulate and implement policies for supplying the optimal quantity of food and staples by reserving them through domestic production in an optimum quantity or securing them from abroad. <Amended by Act No. 10449, Mar. 9, 2011> (2) To maintain a stable supply of food and staples, the Government shall establish and implement policies necessary for the efficient use of farmland. <Newly inserted by Act No. 10449, Mar. 9, 2011> Article 24 (Business Stabilization of Farming and Fishing Households and Fostering of Workers Engaging in Agriculture and Fisheries) (1) For the maintaining of local communities and stabilization of agricultural and fishing communities, the State and local governments shall formulate and implement policies necessary for the improvement of productivity of and business stabilization of family labor-based farming and fishing households, increase in scale of a farm, specialization and collaboration suitable for the characteristics of farming and fishing households, etc. (2) The State and local governments shall formulate and implement policies necessary for securing the optimum number of workers engaging in agriculture and fisheries, and fostering them into specialized personnel. Article 25 (Fostering of Agricultural and Fishery Business Successors) In order to continuously secure talented prospective personnel in farming and fishing industries, the Minister for Food, Agriculture, Forestry and Fisheries shall formulate and implement necessary policies, such as the provision of assistance to agricultural and fishery business successors. Article 26 (Fostering of Full-Time Farmers and Fishermen) (1) The State and local governments shall formulate and implement policies to foster farmers and fishermen capable of playing a pivotal and leading role in the development of agriculture and fisheries with professional farming and fishing skills and management (hereinafter referred to as "full-time farmers and fishermen). <Amended by Act No. 10935, Jul. 25, 2011> (2) A Mayor/Do Governor or the head of a Si/Gun/Gu may select full-time farmers and fishermen and provide necessary support for them, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Newly Inserted by Act No. 10935, Jul. 25, 2011> Article 27 (Fostering of Female Farmers and Fisherwomen) (1) When the State and local governments formulate and implement policies for agriculture and fisheries, they shall formulate and implement policies necessary for elevating the status of female farmers and fisherwomen and turning them into specialized personnel, such as the expansion of participation of female farmers and fisherwomen. (2) The Government shall formulate and implement necessary policies so that the status of female farmers and fisherwomen can be recognized in proportion to their participation in or contribution to the operation of agricultural and fishery business. Article 28 (Fostering of Agriculture and Fisheries-related Cooperative Corporations and Corporations) For the improvement of productivity of agriculture and fisheries and efficient forwarding, distribution, processing, sale, export, etc. of agricultural and fishery products, the State and local governments shall formulate and implement policies necessary for the fostering of agricultural cooperative corporations, fishery cooperative corporations, agricultural corporations and fishery corporations that operate agricultural and fishery business in a collaborative or entrepreneurial manner. Article 29 (Fostering of Agricultural and Fishery Venture Businesses) In order to increase the value of agriculture and fisheries, the State and local governments shall formulate and implement policies to develop advanced science and technology for the fields of agriculture and fisheries, and farming, fishing and business operation skills, and assist and foster agricultural and fishery venture businesses, etc. Article 29-2 (Fostering of Return Farmers and Fishermen) The State and local governments shall formulate and implement necessary policies to provide education and information, and support establishment of businesses to ensure the successful settlement and creation of management base of return farmers and fishermen (referring to non-farmers and non-fishermen who have resided outside of rural communities immigrating to rural communities to become farmers or fishermen). Article 30 (Basic Ideologies on Farmland, Fishery Resources and Fishing Grounds) Farmland, fishery resources and fishing grounds are foundations for the stable supply of food and staples to the citizens, including future generations and for the preservation of the environment and must be used and preserved as precious resources to contribute to harmonious development between agriculture, fisheries and the national economy. Article 31 (Ownership and Use of Farmland, and Use of Fishery Resources and Fishing Grounds) (1) The State and local governments shall formulate and implement policies for the ownership, etc. of farmland so that the principle that farmers shall own their own land may be realized as provided for in the Constitution. (2) The State and local governments shall formulate and implement policies so that fishery resources can be used in accordance with the Constitution. (3) The State and local governments shall formulate and implement policies necessary to promote the use of farmland, fishery resources and fishing grounds so that farmland, fishery resources and fishing grounds can be used efficiently for the balanced development of agriculture, fisheries, and the national economy. Article 32 (Preservation of Farmland, Fishery Resources and Fishing Grounds) (1) The State and local governments shall formulate and implement policies necessary for the preservation of farmland so that farmland can be maintained at an appropriate scale. (2) When the State and local governments formulate and implement the policies referred to in paragraph (1), they shall have good farmland preferentially preserved, where agricultural production infrastructure is well-organized or formed in a group. (3) The State and local governments shall formulate and implement policies necessary for the preservation of fishery resources and fishing grounds so that fishery resources and fishing grounds can be maintained at an appropriate scale. Article 33 (Overhaul of Agricultural and Fishery Production Infrastructure) (1) The State and local governments shall formulate and implement policies necessary for the overhaul, reinforcement and preservation of agricultural and fishery production infrastructure so as to promote the development of environment-friendly agriculture and fisheries and stably secure the productivity of agriculture and fisheries. (2) The Minister of Food, Agriculture, Forestry and Fisheries shall formulate the policies referred to in paragraph (1) in consideration of district units of water supply in rural communities, agricultural and fishery production infrastructure, conditions of fishing grounds, waters subject to the management of fishing grounds, etc. and shall give due consideration thereto when formulating master plans. (3) The State and local governments shall systematically manage the quality of agricultural water, thereby facilitating the production of safe agricultural products and the development of environmentally friendly agriculture. <Newly inserted by Act No. 10449, Mar. 9, 2011> Article 34 (Fostering of Agricultural and Fishery Materials Industries and Facilitation of Mechanization and Facility Modernization) (1) For the reduction of expenses incurred in running the agricultural and fishery business and enhancement of productivity of agriculture and fisheries, the State and local governments shall formulate and implement policies necessary for the fostering of agricultural and fishery materials industries, such as farming and fishing machines, farming and fishing materials, farming and fishing facilities, fishing vessels, agrichemical, fertilizers, feedstuff, and medicines for animals. (2) The State and local governments shall formulate and implement policies to facilitate mechanization, facility modernization, etc. necessary for the reduction of expenses incurred in running the agricultural and fishery business and enhancement of productivity of agriculture and fisheries. (3) For the efficient use, management, inspection and repair of farming and fishing machines, materials and equipment and guidance of farmers and fishermen on skills for repairing farming and fishing machines, etc., the Minister for Food, Agriculture, Forestry and Fisheries shall appoint specialists in mechanized agriculture and specialists in mechanized fisheries and provide assistance necessary for fostering them, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 10935, Jul. 25, 2011> Article 35 (Advancement of Agriculture, Fisheries and Food-related Technologies, Research, etc.) (1) For the enhancement of productivity and competitiveness of industries related to agriculture, fisheries and food, the State and local governments shall formulate and implement a comprehensive plan for the research, development and dissemination of agricultural and fishery production technologies, agricultural and fishery production infrastructure maintenance technologies, technologies for the management of agricultural and fishery products after production, agricultural and fishery business techniques, safe working techniques for farmers and fishermen, agricultural and fishery products distribution techniques, technologies for processing agricultural and fishery products and making food, recipes, etc., conducting of field studies of agriculture, fisheries and the food industry and industry-academic-institute joint research, establishment of research assessment management systems, etc. (2) Matters necessary for formulating and implementing the plan referred to in paragraph (1) shall be determined by Presidential Decree. Article 36 (Advancement of Technology Development for Agriculture, Fishery and Food-related Industries) (1) For the swift development and dissemination of technologies, etc. of agriculture, fishery and food related industries, the State and local governments may have relevant research institutions, organizations, etc. conduct research for the technology development of agriculture, fishery and food-related industries. (2) The State and local governments may provide necessary funds to relevant research institutions, organizations, etc. conducting research for the technology development of agriculture, fishery and food related industries pursuant to paragraph (1). Article 37 (Protection of Intellectual Property Rights, etc.) (1) The Government shall formulate and implement policies necessary for the protection of intellectual property rights concerning agriculture, fisheries, rural communities and the food industry, such as agricultural and fishery genetic resources, farming, fishing and aquacultural techniques, traditional farming and fishing methods, traditional food production methods, trademarks, geographical indication, new animal and plant varieties and biotechnology. (2) The State and local governments shall formulate and implement policies necessary for protecting and fostering local industries, industries peculiar to farming and fishing localities, etc. related to agriculture, fisheries, fishing and farming villages and the food industry. Article 38 (Facilitation of Environment-Friendly Agriculture, Fisheries, etc.) For the strengthening of environment preservational functions of agriculture, fisheries and rural communities and facilitation of production and consumption of safe agricultural and fishery products and quality food, the State and local governments shall formulate and implement policies necessary for the construction of production infrastructure for environment-friendly agriculture, fisheries, etc., development of production technologies, production methods, fishing methods, fishing gear, and aquacultural technologies, certification of environment-friendly agricultural and fishery products, etc., transforming livestock night soil and fish and shellfish by-products into resources, etc. Article 39 (Support for Business Stabilization, Structural Improvement, etc. of Agricultural and Fishery Business Entities) (1) The State and local governments shall formulate and implement policies necessary for counseling on agricultural and fishery business operation, education and training, provision of information, etc. so that agricultural and fishery business entities can increase their income through continuous business innovation. (2) The State and local governments may provide funds to agricultural and fishery business entities in consideration of their business plans, technological level, business ability, etc. (3) The State and local governments shall, when deemed necessary for the stabilization of income and business of agricultural and fishery business entities, structural improvement of agriculture and fisheries business, etc., provide the assistance in each of the following subparagraphs: 1. Assistance for preservation of environments, such as soil and fishing grounds and reduction of greenhouse gases; 2. Assistance for personal damage, etc. resulting from agricultural and fishery disasters and farming and fishing activities; 3. Assistance for increasing the scale of farms and fisheries, relinquishment of agricultural and fishery businesses by elderly farmers and fishermen, and disposal and reduction of agricultural and fishery production resources (including fishing vessels and fishing grounds); 4. Assistance for areas with underdeveloped agricultural and fishery; 5. Subsidization of income not directly related to agricultural and fishery production and assistance for the reduction of costs of agricultural and fishing materials; 6. Subsidization of income not directly related to specific items and fishery resources in farming and fishing household units. (4) With respect to farmers and fishermen who meet specific conditions, among farmers and fishermen who intend to change their businesses to other business or be re-employed (referring to engaging in an agricultural and fishery business again: Provided, That those who have received assistance for increasing the scale of farms and fisheries and relinquishment of agricultural and fishery businesses by elderly farmers and fishermen pursuant to paragraph (3) 3 shall be excluded herefrom; hereinafter the same shall apply), the State and local governments may provide appropriate assistance for their stable change of business or re-employment. (5) The assistance for the change of business or re-employment under paragraph (4) is as mentioned in each of the following subparagraphs: 1. Conduct of occupational training and arrangement of job opportunities; 2. Provision of bounties for the change of business and re-employment; 3. Assistance for the stabilization of livelihoods of unemployed farmers and fishermen; 4. Other matters determined by Presidential Decree. (6) The specific conditions and assistance for the change of business and re-employment under paragraphs (4) and (5) shall be determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. Article 40 (Registration of Business Information of Agricultural and Fishery Business Entities) The Government shall have agricultural and fishery business entities that receive or intend to receive loans, subsidies, etc. related to agriculture, fisheries and rural communities register information on running their agricultural and fishery businesses, such as the means of production, including farmland, livestock housing, horticultural facilities, fishing vessels, fishing gear, fishing grounds and culturing farm, produced agricultural and fishery products, production methods, used fishing methods and gear, number of heads of bred livestock, and scale of capture, collection and culture and shall formulate and implement policies necessary for the utilization thereof. Article 41 (Measures against Agricultural and Fishery Disasters, etc.) The State and local governments shall, in order to pursue stable operation of agricultural and fishery businesses free from natural disasters, prepare necessary measures for the prevention, emergency plan and restoration of agricultural and fishery disasters, such as droughts, floods, wind, cold weather, climate change, red tide and tidal waves, and pollution of inland waters, waters and foreshore by the leakage of oil and pollutants, and measures for the operation of agricultural and fishery disaster insurance, etc. Article 42 (Stabilization of Supply and Prices of Agricultural and Fishery Products and Food) (1) For the smooth supply and stabilization of prices of agricultural and fishery products and food, the State and local governments shall formulate and implement policies necessary for the observation of agriculture, fisheries and the food industry, adjustment of production, capture, collection and culture, assistance for purchasing and saving for emergency and formation of self-help funds of producers' organizations, etc. (2) For the efficient implementation of the polices referred to in paragraph (1), the State and local governments may provide necessary assistance to agricultural and fishery business entities, producers' organizations, persons engaging in agricultural and fishery products distribution businesses and food industries, etc. Article 43 (Improvement of Distribution of Agricultural and Fishery Products and Food) (1) The State and local governments shall formulate and implement policies necessary for the expansion of distribution facilities, such as wholesale markets, joint markets, distribution centers, local distribution centers, collection centers, livestock markets, fish markets and consignment sale markets, slaughter houses, meat processing facilities, facilities for the transportation of fishbowl and fish, etc. improvement of the operation thereof, etc. in the sites of production and consumption of agricultural and fishery products and food. (2) The State and local governments shall formulate and implement policies necessary for the facilitation of standardization of agricultural and fishery products and food, and collection, provision, etc. of various kinds of distribution information. (3) The State and local governments shall formulate and implement policies necessary for co-branding in which agricultural and fishery business entities, producers' organizations, agriculture and fisheries promotion institutions, schools under Article 2 of the Higher Education Act, etc. work for the systematic and organized production, distribution, sale, etc. of agricultural and fishery products and food jointly or in alliance. Article 44 (Preservation of Natural Environment, Fishery Resources, Conditions of Fishing Grounds and Landscape of Rural Communities) The State and local governments shall formulate and implement policies necessary for the preservation of the natural environment, fishery resources and fishing grounds of rural communities, creation, preservation and management of landscape and coasts of rural communities, preservation of agricultural and fishery ecosystems, etc. Article 45 (Inheritance of Traditional Agricultural and Fishery Culture, etc.) The State and local governments shall formulate and implement policies necessary for the maintaining and inheritance of traditional farming and fishing culture, farming and fishing relics, traditional farming and fishing methods, native livestock and crops, fishery bio-resources, and farming and fishing communities, and policies necessary for related exhibitions, education, public relations, etc. in agricultural and fishery museums and exhibition facilities. Article 46 (Research, Public Relations, etc. for Public Functions of Agriculture, Fisheries and Rural Communities) (1) The State and local governments shall formulate and implement policies necessary for research, survey, education, public relations, etc. to increase the public functions of agriculture, fisheries, and rural communities to the utmost extent and enable the citizens to enjoy them. (2) The State and local governments may formulate and implement policies to support farmers, fishermen, agriculture and fishery-related organizations, etc. to increase the public functions of agriculture, fisheries and rural communities. (3) The State and local governments may entrust administrative affairs necessary for the efficient implementation of the polices referred to in paragraph (1) and Article 45 to the person determined by Presidential Decree and provide him/her with necessary assistance. Article 47 (Prevention of Global Warming, etc.) (1) The State and local governments shall formulate and implement policies necessary for the reduction of greenhouse gases, etc. so that agriculture, fisheries and rural communities can carry out public functions, such as the prevention of global warming and mitigation of climate change. (2) The State and local governments shall formulate and implement policies necessary for the production and supply of crops, forest resources and fishery resources used for bio-energy. Article 48 (Formulation of Measures for Development of Farming and Fishing Areas) (1) For the improvement in the quality of life of residents in rural communities and balanced development and preservation of national territory, the State and local governments shall formulate and implement comprehensive measures for the development of farming and fishing areas, taking into account the characteristics of each area. (2) The State and local governments shall, when formulating the measures for the development of farming and fishing areas referred to in paragraph (1), preferentially take into consideration areas disadvantaged in terms of the public functions of agriculture, fisheries and rural communities, agricultural and fishery production conditions, living conditions of rural communities, etc. and shall endeavor to achieve harmony between development and preservation. Article 49 (Balance of Income between Areas) For balanced development between urban areas and rural communities by reducing the income gap between urban areas and rural communities, the State and local governments shall formulate and implement policies necessary for the increase of income of, and improvement in the quality of life of residents in rural communities. Article 49-2 (Support for Disadvantages Areas) The State and local governments shall formulate and implement policies necessary to introduce new crops, produce and sell local specialties and improve a residential environment with respect to areas in poor conditions of agricultural and fishery production due to geographical circumstances. Article 50 (Advancement and Development of Local Industries in Rural Communities) (1) For the increase of income of residents in rural communities and vitalization of the economies of rural communities, the State and local governments shall formulate and implement policies for the creation of industrial complexes in rural communities, fostering local specialty production complexes, fostering industries related to agriculture and fisheries, such as the agricultural and fishery products processing industry, traditional food industry, traditional recreational industry and fishery and leisure industries, etc. (2) For the sustainable development of rural communities and increase of income of residents in rural communities, the State and local governments shall formulate and implement policies necessary for education, training, consulting, etc. for residents participating in local development, public officials of local governments, local development experts, etc. Article 51 (Activation of Exchange Between Urban Areas and Rural Communities, etc.) (1) For the promotion of social and economic vitality of rural communities, and for balanced development between urban areas and rural communities and increase of income of, and improvement in the quality of life of residents in rural communities by satisfying urbanites' demand for experiencing a rural life and leisure, the State and local governments shall formulate and implement policies for vitalizing exchange between urban areas, and rural communities through tourism to visit a rural community making the most use of local characteristics, experiencing rural communities, learning nature related to agriculture and fisheries, developing recreational resources, etc. (2) The State and local governments may provide support necessary for the installation and operation of facilities, such as local cultural facilities, holding of cultural events, etc. in order to promote the policies referred to in paragraph (1). Article 52 (Facilitation of Informatization of Agriculture, Fisheries and Farming and Fishing Areas) (1) The State and local governments shall formulate and implement policies necessary to facilitate the informatization of agriculture, fisheries and farming and fishing areas. (2) For the effective promotion of the policies referred to in paragraph (1), the State and local governments may provide necessary assistance to those who provide information on agriculture, fisheries and farming and fishing areas, etc. as prescribed by Presidential Decree. (3) The State and local governments shall formulate and implement policies for the development and operation of information and communication media, programs, etc. to facilitate the informatization of agriculture, fisheries and rural communities. Article 53 (Improvement of Educational Conditions in Farming and Fishing Areas) The State and local governments shall formulate and implement policies necessary for the expansion of learning opportunities of students in farming and fishing areas, reduction of educational expenses of residents in rural communities, improvement of educational conditions in farming and fishing areas, etc. Article 54 (Promotion of Welfare of Residents in Rural Communities) The State and local governments shall formulate and implement policies necessary for improving a residential environment of residents in rural communities, expanding medical services, promoting cultural lifestyle, stabilizing income, settling multi-cultural families, enhancing farming and fishing activities and welfare of old farmers and fishermen, etc. <Amended by Act No. 11561, Dec. 18. 2012> Article 55 (Survey, Research, etc. on Agricultural and Fishery Production Systems in North Korea) (1) In preparation for national reunification, the Government shall conduct survey and research on North Korean agricultural and fishery production systems, fishery systems, agricultural and fishery products distribution systems, infrastructure for agricultural and fishery production, agricultural and fishery science and technologies, managerial guidance to businesses related to the agriculture and fishery industries, education of farmers and fishermen, agricultural and fishery statistics, etc. (2) The Government shall formulate and implement policies necessary for the mutual and complementary development of South and North Korean agriculture, fisheries, rural communities and the food industry. Article 56 (Trade Policies and Supplementary Measures for Agriculture, Fisheries, Rural Communities and Food Industry) (1) In order to secure the rights and interests of the Korean, the Government shall formulate and implement comprehensive trade policies for agriculture, fisheries, rural communities and the food industry and supplementary measures if the public functions of agriculture, fisheries, rural communities have been weakened due to major changes in trade conditions. <Amended by Act No. 11094, Nov. 11, 2011> (2) When the Government formulates and implements trade policies or formulates supplementary measures for the agricultural and fishery sectors pursuant to paragraph (1), it shall allow participation by civil experts, relevant organizations, etc. and collect the opinions of interested persons, such as farmers and fishermen. <Amended by Act No. 11094, Nov. 11, 2011> Article 57 (International Cooperation in Fields of Agriculture, Fisheries, Rural Communities and Food Industry) (1) For the bolstering of international cooperation in the areas of agriculture, fisheries, rural communities and the food industry, the Government shall formulate and implement policies necessary for the exchange of information on policies for agriculture, fisheries, rural communities and the food industry, exchange of personnel and technologies of agriculture, fisheries and the food industry, participation in activities of agriculture and fishery-related international organizations, etc. (2) For the expansion of footholds to stably secure food and staples the ratio of dependence on imports of which is high, ingredients of feedstuff, fishery resources and overseas fishing grounds and balanced development of agriculture, fisheries and rural communities of the world, the Government shall formulate and implement policies necessary for the provision of personal, material and technological assistance to the fields of agriculture, fisheries, rural communities and the food industry of developing countries. Article 58 (Support for Overseas Investments in Fields of Agriculture and Fisheries) The Government shall formulate and implement policies necessary for assisting survey and research on overseas investments in industries related to agriculture, fisheries and rural communities and overseas investments of agricultural and fishery business entities, etc. and securing overseas fishing grounds. Article 59 (Advancement of Export of Agricultural and Fishery Products and Food) (1) For the advancement of export of agricultural and fishery products and food, dissemination of Korean food culture, etc., the State and local governments shall formulate and implement policies necessary for overseas market development, collection and provision of trade information, etc. (2) For the effective promotion of the policies referred to in paragraph (1), the State and local governments may assist agricultural and fishery business entities, producers' organizations, persons engaging in the food industry, persons exporting agricultural and fishery products and food, etc. Article 60 (Import Control of Agricultural and Fishery Products and Food) When an increase in importation of agricultural and fishery products and food is deemed to have a substantial impact on the development of Korean agriculture, fisheries, rural communities, the food industry, etc., the Government shall take necessary measures, such as import restrictions imposed under relevant Acts, including the Foreign Trade Act. <Amended by Act No. 11561, Dec. 18, 2012> Article 61 (Assistance for Quasi-Rural Communities) With respect to agriculture promotion areas under Article 28 of the Farmland Act and development restricted areas under Article 3 of the Act on Special Measures for Designation and Management of Development Restriction Zones, which are not farming and fishing areas, they may be provided with necessary assistance, being deemed rural communities as prescribed by Presidential Decree. Article 62 (Tax Reduction and Exemption) For the efficient promotion of businesses for the development of agriculture, fisheries, rural communities and the food industry, the State and local governments may reduce or exempt taxes as prescribed by the Restriction of Special Local Taxation Act. <Amended by Act No. 10220, Mar. 31, 2010> Article 63 (Provision and Management of Agricultural and Fishery Policy Funds) (1) For the enhancement of competitiveness of agriculture and fisheries, the Government shall formulate and implement policies necessary for the operation and provision of agricultural and fishery policy funds, such as the provision of governmental loans, subsidies, etc. to farmers, fishermen, etc. whose main business is agriculture or fishery. (2) The Minister for Food, Agriculture, Forestry and Fisheries shall formulate and implement policies for the efficient operation, management, supervision, etc. of agricultural and fishery policy funds, such as loans, and subsidies provided to farmers, fishermen, etc. and perform necessary projects. <Amended by Act No. 10935, Jul. 25, 2011> (3) The Minister for Food, Agriculture, Forestry and Fisheries may entrust entities prescribed by Presidential Decree with business affairs prescribed by Presidential Decree, including the operation, management and supervision, of agricultural and fishery policy funds in order to efficiently perform projects under paragraph (2). <Newly Inserted by Act No. 10935, Jul. 25, 2011> (4) The Minister for Food, Agriculture, Forestry and Fisheries may provide necessary support, as prescribed by ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries when he/she entrusts business affairs to other entities under paragraph (3). <Newly Inserted by Act No. 10935, Jul. 25, 2011> Article 64 Deleted. <by Act No. 10935, Jul. 25, 2011> ADDENDA Article 1 (Enforcement Date) This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of Article 39 (4) and (5) shall enter into force three months after its promulgation. Article 2 (Repeal of other Acts) The Act on the Special Measures for the Development of Agricultural and Fishing Villages shall be repealed. Article 3 (Transitional Measures for Full-Time Farmers) Any person that has been appointed as a full-time farmer pursuant to the previous " Framework Act on Agriculture, Rural Community and Food Industry" as at the time this Act enters into force shall be deemed appointed as a full-time farmer pursuant to the amended provisions of Article 26. Article 4 (Transitional Measures for Full-Time Fishermen) Any full-time fisherman under the previous Act on the Special Measures for the Development of Agricultural and Fishing Villages as at the time this Act enters into force shall be deemed appointed as a full-time fisherman pursuant to the amended provisions of Article 26. Article 5 (Transitional Measures concerning Acts Conducted pursuant to Previous Acts, such as Publication) The publication, dispositions, orders and designation that are given under the previous " Framework Act on Agriculture, Rural Community and Food Industry", previous " Act on the Special Measures for the Development of Agricultural and Fishing Villages" and previous " Framework Act on Marine Fishery Development", other acts conducted by administrative organs, various kinds of applications and reports, and other acts conducted against administrative organs before this Act enters into force shall be considered as corresponding acts conducted by or in relation to administrative organs under this Act. Article 6 Omitted. Article 7 (Relations with other Acts and Subordinate Statutes) Where other Acts and subordinate statutes (including Acts and subordinate statutes that are promulgated before this Act enters into force but the enforcement date of which has not arrived) cited the previous " Framework Act on Agriculture, Rural Community and Food Industry", previous " Act on the Special Measures for the Development of Agricultural and Fishing Villages" and previous " Framework Act on Marine Fishery Development" or the provisions thereof as at the time this Act enters into force, they shall, if this Act has provisions corresponding thereto, be considered to have cited this Act or the corresponding provisions of this Act in lieu of the previous provisions. ADDENDA <Act No. 10220, Mar. 31, 2010> Article 1 (Enforcement Date) This Act shall enter into force on January 1, 2011. Articles 2 through 5 Omitted. ADDENDUM <Act No. 10449, Mar. 9, 2011> This Act shall enter into force on the date of its promulgation. ADDENDA <Act No. 10935, Jul. 25, 2011> This Act shall enter into force six months after date of its promulgation: Provided, That the amended provision of Article 14 (2) shall enter into force on the date of its promulgation. Any person appointed as a full-time farmer or fisherman pursuant to the previous provisions as at the time this Act enters into force shall be deemed appointed as a full-time farmer or fisherman pursuant to this Act. ADDENDA <Act No. 11094, Nov. 22, 2011> Article 1 (Enforcement date) This Act shall enter into force six months after date of its promulgation: Provided, That the amended provision of Article 4 (2) shall enter into force on the date of its promulgation, and the amended provision Article 14 (5) shall enter into force on July 1, 2012. Article 2 (Preparation for Establishment of EPIS) (1) The Minister of Food, Agriculture, Forestry and Fisheries shall establish an Establishment Committee for Korea Agency of Education, Promotion and Information Service in Food Agriculture, Forestry and Fisheries (hereinafter referred to as "Establishment Committee") by entrusting seven committee members within 30 days after the promulgation of this Act to manage affairs related to establishment of EPIS. (2) The Establishment Committee shall prepare the articles of EPIS and obtain authorization from the Minister of Food, Agriculture, Forestry and Fisheries by affixing name and seal, or signature. (3) When the Establishment Committee has obtained authorization under paragraph (2), he/she shall file for registration for establishment without delay by joint signature. (4) The Korea Information Center for Agriculture, Forestry and Fisheries (including affiliated Agriculture Human Resource Development Institute; hereinafter referred to as "Korea Information Center for Agriculture, Forestry and Fisheries") established under Article 32 of the Civil Act shall be deemed dissolved when EPIS has completed registration for its establishment under paragraph (3) notwithstanding provisions of the Civil Act for dissolution and liquidation of incorporation. (5) When the Chairperson of EPIS is appointed, the Establishment Committee shall transfer business affairs to the Chairperson without delay. (6) The Establishment Committee and Committee Members shall be deemed dissolved or dismissed when transfer of business affairs is completed. Article 3 (Transition Measures concerning Establishment of EPIS) (1) Assets, rights and obligations of the Center for Rural Information and Culture affiliated to the Korea Rural Economic Institute (hereinafter referred to as "CRIC"), and the Korea Information Center for Agriculture Forestry and Fisheries founded under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions, shall be succeeded to by EPIS at the registration date of establishment of EPIS. (2) Any employee of CRIC and the Korea Information Center for Agriculture, Forestry and Fisheries as at the time this Act enters into force shall be deemed hired as an employee of EPIS at the registration date of establishment of EPIS. ADDENDUM <Act No. 11499, Oct. 22, 2012> This Act shall enter into force three months after the date of its promulgation. ADDENDUM <Act No. 11561, Dec. 18, 2012> This Act shall enter into force on the date of its promulgation.