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ENVIRONMENT-FRIENDLY AGRICULTURE FOSTERAGE ACT

GENERAL PROVISIONSCHAPTER I

Amended by Act No. 9623, Apr. 1, 2009

Article 1 (Purpose)

The purpose of this Act is to increase the role of agriculture in environmental preservation, reduce environmental pollution caused by agriculture, foster farmers who practice environmentally friendly agriculture, thereby pursuing sustainable and environmentally friendly agriculture.

[This Article Wholly Amended by Act No. 9623, Apr. 1, 2009] Article 2 (Definitions)

The definition of terms used in this Act shall be as follows:

1. The term "environmentally friendly agriculture" means agriculture producing safe agricultural, stockbreeding, or forest products (hereinafter referred to as "agricultural products") by using no chemical materials, such as synthetic agricultural chemicals, chemical fertilizers, antibiotics and antimicrobials, or minimizing use of such materials, and maintaining and preserving the agricultural ecosystem and environment by recycling byproducts of agriculture, stock breeding or forestry;

2. The term "environmentally friendly agricultural products" means agricultural products gathered in the course of managing environmentally friendly agriculture;

3. The term "environmentally friendly agricultural technology" means agricultural methods or theories used for the management of environmentally friendly agriculture, or methods of producing materials.

[Amended by Act No. 9623, Apr. 1, 2009]

ENVIRONMENTALLY- FRIENDLY

AGRICULTURE FOSTERAGE ACT

Laws on Green Growth, and Economic Investment in Korea 327 FOSTERAGE AND SUPPORT OF ENVIRONMENTALLY FRIENDLY AGRICULTURECHAPTER II 04_LawsConcerningGreenGrowth

Article 3 (Obligations of State and Local Governments) (1) The State shall implement a comprehensive policy aimed at promoting environmentally friendly agriculture, including but not limited to formulation of basic plans and encouragement of voluntary participation of farmers. (2) Local governments shall formulate policies on environmentally friendly agriculture in consideration of regional characteristics of districts under its jurisdiction, and move aggressively to implement such policies.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 4 (Obligations of Farmers)

Farmers shall endeavor to preserve the environment by reducing pollution caused by farming activities and to manage environmentally friendly agricultural products by practicing environmentally friendly agricultural methods, such as minimizing the use of chemical materials.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 5 (Roles of Private Organizations)

Private organizations (hereinafter referred to as "private organizations"), which have been formed for the purposes of research in environmentally friendly agriculture and production, distribution or promotion of consuming environmentally friendly agricultural products, shall cooperate in the implementation of policies of the State and local governments on environmentally friendly agriculture, and provide education, training, advanced technology, and farming guidance necessary for their members, farmers and other persons in the organization thereby contributing to the development of environmentally friendly agriculture. [Amended by Act No. 9623, Apr. 1, 2009]

Article 6 (Plan to Foster Environmentally friendly Agriculture) (1) The Minister for Food, Agriculture, Forestry and Fisheries shall, in consultation with the heads of the relevant central administrative agencies, formulate a plan (hereinafter referred to as "fosterage plan") to foster the development of environmentally friendly agriculture every five years.

328 Ministry of Government Legislation

(2) A fosterage plan shall include the following matters:

1. Policy goals and basic directions for environmental preservation in the field of agriculture;

2. Actual conditions on environmental pollution from agriculture and measures to improve such conditions;

3. Measures to reduce the use of synthetic agricultural chemicals, chemical fertilizers and chemical materials, such as antibiotics and antimicrobials;

4. Measures to develop various technologies for the development of environmentally friendly agriculture;

5. Measures to promote a model for an environmentally friendly agricultural complex;

6. Measures to boost the production, distribution, as well as the consumption of environmentally friendly agricultural products;

7. Measures to increase the function of agriculture to serve public interests;

8. Measures to strengthen international cooperation for the development of environmentally friendly agriculture;

9. Measures to procure financial resources for implementing a fosterage plan;

10. Measures to foster civil certifying institutions;

11. Other matters prescribed by ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries for the development of environmentally friendly agriculture. (3) The Minister for Food, Agriculture, Forestry and Fisheries shall inform the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") of a fosterage plan established under paragraphs (1) and (2). [Amended by Act No. 9623, Apr. 1, 2009]

Article 7 (Action Plans on Environmentally friendly Agriculture) (1) The Mayor/Do Governor shall formulate and implement action plans of his or her City/Do for the development of environmentally friendly agriculture in accordance with a fosterage plan.

(2) The Mayor/Do Governor shall submit the action plans under paragraph 1 to the Minister for Food, Agriculture, Forestry and Fisheries, and notify the head of Si/Gun/Autonomous Gu (hereinafter referred to as "the head of Si/Gun) of such fact. (3) The head of Si/Gun shall formulate action plans in accordance with the action plans Laws on Green Growth, and Economic Investment in Korea 329 04_LawsConcerningGreenGrowth

of City/Do, submit them to the Mayor/Do Governor, and actively promote these plans. [Amended by Act No. 9623, Apr. 1, 2009]

Article 8 Deleted.

Article 9 (Prevention of Environmental Pollution Caused by Agriculture) (1) The State and local governments shall aggressively promote the implementation of policies in compliance with the standards for the safe and appropriate use of agricultural chemicals and maximum residue limits, the amount of fertilizers to be sprayed on crops, the limitations on the discharge of livestock excretions, and the ban on the dumping of agricultural wastes, in order to prevent environmental pollution for these agricultural activities.

(2) The implementation of policies under paragraph (1) shall be governed by standards pursuant to Article 23 of the Agrochemicals Control Act, Article 58 of the Water Quality and Ecosystem Conservation Act, and Article 13 of the Act on the Management and Use of Livestock Excreta.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 10 (Preservation of Agricultural Resources and Improvement of Agricultural Environment)

(1) The State and local governments shall aggressively promote the implementation of policies to improve farmland, prevent pollution of agricultural water and minimize emissions of green house gases, to preserve agricultural resources, including farmland, agricultural water and air, and improve the agricultural environment, including soil and quality of water.

(2) The implementation of policies under paragraph (1) shall be governed by standards pursuant to Articles 4-2 and 16 of the Soil Environment Conservation Act and Article 10 of the Framework Act on Environmental Policy.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 11 (Research on Actual Conditions of Agricultural Resources and Agricultural Environment)

(1) The Minister for Food, Agriculture, Forestry and Fisheries or the heads of local governments shall periodically conduct research on the following matters, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, to preserve 330 Ministry of Government Legislation

agricultural resources and improve the agricultural environment:

1. Changes in farmland fertility, heavy metals, agricultural chemicals, soil microbes, etc.;

2. Qualities of the surface water and underground water used as agricultural water;

3. Actual conditions on the use of materials utilized in agriculture, such as agricultural chemicals and fertilizers;

4. Actual conditions on the role of agriculture to serve public interests, such as the development of water resources and soil preservation; and

5. Other matters necessary for the preservation of agricultural resources and the improvement of the agricultural environment.

(2) The Minister for Food, Agriculture, Forestry and Fisheries may require the head of an organization of the Ministry or persons prescribed by Ordinance to conduct research on matters referred to in paragraph (1).

[Amended by Act No. 9623, Apr. 1, 2009]

Article 12 (Entry into and Exit from Land Owned by Third Parties) (1) The Minister for Food, Agriculture, Forestry and Fisheries or the heads of local governments may require the relevant public officials to enter or exit land owned by other persons in the relevant region or regions adjacent thereto, or to collect minimum amounts of samples necessary for research, when it is deemed necessary for conducting an inspection of the actual conditions of the agricultural environment under Article 11.

(2) The owners, possessors or managers of land shall not refuse, obstruct or evade inspection pursuant to paragraph (1) without any justifiable ground. (3) Any person who intends to enter or exit land owned by other persons under paragraph (1) shall carry a certificate indicating his/her authority to enter or exit the land, and show such certificate to the relevant persons.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 13 (Development and Dissemination of Environmentally friendly Agricultural Technology)

(1) The Minister for Food, Agriculture, Forestry and Fisheries or the heads of local governments shall formulate policies necessary for the research and development, dissemination and direction of environmentally friendly agricultural technologies, to Laws on Green Growth, and Economic Investment in Korea 331 DISTRIBUTION MANAGEMENT OF ENVIRONMENTALLY FRIENDLY AGRICULTURAL PRODUCTSCHAPTER III 04_LawsConcerningGreenGrowth

develop an environmentally friendly agriculture.

(2) The Minister for Food, Agriculture, Forestry and Fisheries or the heads of local governments may subsidize necessary costs for persons who are in charge of the research and development, dissemination or direction of environmentally friendly agricultural technologies and materials.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 14 (Education and Training on Environmentally friendly Agriculture) The Minister for Food, Agriculture, Forestry and Fisheries or the heads of local governments shall provide education and training to farmers or the relevant public officials for the development of environmentally friendly agriculture. [Amended by Act No. 9623, Apr. 1, 2009]

Article 15 (Exchanges and Publicity of Environmentally friendly Agricultural Technology)

(1) The State, local governments, civil organizations and farmers shall strive to develop environmentally friendly agriculture by exchanging environmentally friendly agricultural technologies.

(2) The Minister for Food, Agriculture, Forestry and Fisheries or the heads of local governments shall discover and publicize exemplary cases for the efficient promotion of environmentally friendly agriculture.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 16 (Classification of Environmentally friendly Agricultural Products) (1) Environmentally friendly agricultural products shall be classified into organically grown agricultural products and pesticide-free agricultural products (referring to antibiotic-free stock farm products in cases of stock farm products), which would depend on the methods of production, the materials used, and other related matters. (2) Detailed standards for use of materials for production of environmentally friendly agricultural products shall be determined by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

332 Ministry of Government Legislation

[Amended by Act No. 9623, Apr. 1, 2009]

Article 17 (Certification of Environmentally friendly Agricultural Products) (1) The Minister for Food, Agriculture, Forestry and Fisheries may certify agricultural products as environmentally friendly agricultural products under Article 16 (1), to foster environmentally friendly agriculture and protect the consumers. (2) Figures or characters of environmentally friendly agricultural products (hereinafter referred to as "labels of environmentally friendly agricultural products) may be marked in packages or containers of environmentally friendly agricultural products (hereinafter referred to as "certified products") certified as environmentally friendly agricultural products under paragraph (1), as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) Matters necessary for certification standards for environmentally friendly agricultural products under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 17-2 (Designation of Certifying Institutions) (1) The Minister for Food, Agriculture, Forestry and Fisheries may designate persons, with human resources and facilities required for certification of environmentally friendly agricultural products, as certifying institutions, and enable them to certify environmentally friendly agricultural products (hereinafter referred to as "certification of environmentally friendly agricultural products") under Article 17 (1). In such cases, when the Minister for Food, Agriculture, Forestry and Fisheries intends to certify agricultural products, which are produced in nations, other than the Republic of Korea, and imported to the Republic of Korea, as environmentally friendly agricultural products, he/she may designate persons with human resources and facilities required for the certification of environmentally friendly agricultural products in the relevant nations as certifying institutions.

(2) Any person who intends to be designated as a certifying institution under paragraph (1) shall file an application to the Minister for Food, Agriculture, Forestry and Fisheries, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) The term of validity for the designation of a certifying institution under paragraph (1) shall be five years from the date on which such designation is granted to the Laws on Green Growth, and Economic Investment in Korea 333 04_LawsConcerningGreenGrowth

certifying institution.

(4) Any person who intends to continue to be engaged in certification duties after the expiration of the term of validity of designation under paragraph (3) shall be redesignated as a certifying institution every five years before such expiration. (5) Matters necessary for designation standards for certifying institutions under paragraph (1), scopes of certification duties and requirements and procedures for re-designation under paragraph (4) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 17-3 (Application and Examination of Certification) (1) Any producer or importer of environmentally friendly agricultural products or any person who repackages certified products for distribution shall, when he/she intends to obtain certification for environmentally friendly agricultural products, file an application to the Minister for Food, Agriculture, Forestry and Fisheries or persons designated as certifying institutions under Article 17-2 (1), as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries; provided, that no person who has been sentenced to a fine or a heavier penalty (including declaration of suspension of execution) in violation of any provisions of the subparagraphs of Article 17-5 or whose certification has been cancelled under Article 18-2 may file an application for certification, unless one year has lapsed after the date on which the sentence is confirmed or the date on which the certification is cancelled, respectively. (2) The Minister for Food, Agriculture, Forestry and Fisheries or certifying institutions, upon receiving an application for certification under paragraph (1), shall examine whether the application meets certification standards (hereinafter referred to as "certification standards") under Article 17 (3).

(3) Anyone who raises an objection to the outcomes of certification examinations under paragraph (2) may file an application for reexamination to the Minister for Food, Agriculture, Forestry and Fisheries or certifying institutions which have conducted such certification examinations.

(4) Necessary matters concerning the scope of repackaging under paragraph (1) and procedures and methods, etc. for examination and reexamination under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[Amended by Act No. 9623, Apr. 1, 2009]

334 Ministry of Government Legislation

Article 17-4 (Term of Validity of Certification)

(1) The term of validity of certification of environmentally friendly agricultural products shall be two years from the date on which such certification is granted; provided, that the term of validity of certification of organically grown agricultural products shall be one year.

(2) The term of validity of certification pursuant to paragraph (1) may be extended within a period not exceeding two years (one year, in cases of organically grown agricultural products), as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 17-5 (Prohibition of Unlawful Acts)

No person shall commit acts falling under any of the following subparagraphs:

1. Receiving certification for environmentally friendly agricultural products by fraud or other wrongful means;

2. Labeling agricultural products, other than certified products, as environmentally friendly agricultural products or similar products (including labels printed in foreign languages which are likely to be mistaken for labels of environmentally friendly agricultural products; hereinafter the same shall apply) or attaching labels to certified products which are different from the details of certification of environmentally friendly agricultural products;

3. Selling products by mixing certified products with agricultural products which have not been granted certification, or keeping, transporting or displaying mixed products for the purpose of sale;

4. Selling agricultural products or keeping, transporting or displaying agricultural products for the purpose of sale, with the knowledge that products labeled as environmentally friendly agricultural products or similar products are not certified products, or such products have labels different from the details of certification of environmentally friendly agricultural products;

5. Advertising products, other than certified products, as environmentally friendly agricultural products under Article 16 (1), or advertising certified products, the statements of which are different from the details of certification of environmentally friendly agricultural products.

[Amended by Act No. 9623, Apr. 1, 2009]

Laws on Green Growth, and Economic Investment in Korea 335 04_LawsConcerningGreenGrowth

Article 17-6 (Revocation of Designation of Certifying Institutions) (1) The Minister for Food, Agriculture, Forestry and Fisheries shall revoke the designation of certifying institutions or order the suspension of their duties in whole or in part, for a specific period not exceeding six months, when they fall under any of the following subparagraphs, provided, however, that in the case of certifying institutions under subparagraph 1, their designation shall be revoked;

1. When certifying institutions have been designated by fraud or other wrongful means;

2. When certifying institutions have not granted certification to agricultural products for not less than one year without any justifiable ground;

3. When certifying institutions have failed to meet designation standards under Article 17-2 (5); or

4. When it is recognized that certified products fail to s satisfy certification standards as a result of examination or verification, etc. pursuant to Article 18 (1), which is attributable to intentional or gross negligence of certifying institutions. (2) When certifying institutions have granted certification to agricultural products during the period of business suspension, in violation of an order to suspend business under paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries may revoke their designation.

(3) No person whose designation as a certifying institution has been revoked shall be redesignated as such until after the lapse of two years. (4) Detailed standards for administrative dispositions pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, in consideration of the types and degrees of violations. [Amended by Act No. 9623, Apr. 1, 2009]

Article 17-7 (Succession)

(1) Any person who falls under any of the following subparagraphs shall succeed to the status of a person who has obtained certification of environmentally friendly agricultural products or a certifying institution:

1. When a person who has obtained certification of environmentally friendly agricultural products dies, and a successor intends to continue to produce, import or distribute such certified products;

2. The person to whom the certification of environmentally friendly agricultural products or a certifying institution was transferred; or 336 Ministry of Government Legislation

3. In cases where a corporation which has obtained certification of environmentally friendly agricultural products or a certifying institution effects a merger, a corporation which has survived such merger or a corporation established by merger. (2) Any person who has succeeded to the status of a certifying institution, or the status of a person who has obtained certification of environmentally friendly agricultural products under paragraph (1) shall report such fact to the Minister for Food, Agriculture, Forestry and Fisheries, or the relevant certifying institution (the Minister for Food, Agriculture, Forestry and Fisheries, in case of revocation of the designation of a certifying institution., respectively.

(3) Matters that need to be reported under paragraph (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. [Amended by Act No. 9623, Apr. 1, 2009]

Article 18 (Order to Change Labels)

(1) The Minister for Food, Agriculture, Forestry and Fisheries may order any person who has obtained certification of environmentally friendly agricultural products or any distributor of such certified products to take necessary measures, such as changing labels of environmentally friendly agricultural products, prohibiting the use of such labels or banning sales of such products, when after a careful examination of the certified products or verification of the processes of production or distribution, he/she determines that certified products failed to meet certification standards, or unlawful acts have been committed in violation of Article 17-5. (2) With respect to the examination of certified products or verification of the production or distribution process under paragraph (1), the provisions of Article 10 of the Agricultural Products Quality Control Act shall apply mutatis mutandis. (3) Detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. [Amended by Act No. 9623, Apr. 1, 2009]

Article 18-2 (Revocation of Certification)

When any person who has obtained certification of environmentally friendly agricultural products falls under any of the following subparagraphs, the Minister for Food, Agriculture, Forestry and Fisheries or certifying institutions may revoke such certification; provided, however, that when he/she falls under subparagraph 1, such certification shall be revoked:

1. When the certification was obtained through fraud or other wrongful means; Laws on Green Growth, and Economic Investment in Korea 337 04_LawsConcerningGreenGrowth

2. When the certification was obtained through fraud or other wrongful means;

3. Failure to comply with the orders under Article 18 (1), such as the order to change the labels, the suspension on the use of labels, or the ban of the sale of products, without any justifiable ground

[Amended by Act No. 9623, Apr. 1, 2009]

Article 18-3 (Reporting or Inspection)

(1) The Minister for Food, Agriculture, Forestry and Fisheries may permit certifying institutions or persons who have obtained certification of environmentally friendly agricultural products to report matters on their duties or submit data, or allow the relevant public officials to enter and exit offices, etc. to inspect the relevant documents, facilities or equipment, when he/she deems it necessary for the enforcement of this Act. (2) Certifying institutions or persons who have obtained certification of environmentally friendly agricultural products shall possess and keep the relevant documents, such as data on certification examinations, the use of farming materials or transactions involving certified products, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) Public officials who conduct an inspection under paragraph (1) shall carry certificates indicating their authority to enter or exit offices, and show them to interested parties. [Amended by Act No. 9623, Apr. 1, 2009]

Article 19 (Support for Production and Distribution of Environmentally friendly Agricultural Products)

(1) The Minister for Food, Agriculture, Forestry and Fisheries or the heads of local governments may provide necessary support, such as funds for establishing facilities, to producers of environmentally friendly agricultural products, producers' organizations, distributors or certifying institutions within budget. (2) Support for the production and distribution of environmentally friendly agricultural products may be provided, depending on the degree of contribution to environmentally friendly agriculture.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 19-2 (Recommendation for Labeling Certified Products) The Minister for Food, Agriculture, Forestry and Fisheries may recommend persons who produce, import or distribute certified products to label such products, to ensure that 338 Ministry of Government Legislation

INTERNATIONAL COOPERATIONCHAPTER IV

consumers can achieve a clear understanding of information on the methods of production and materials used for such certified products.

[Inserted by Act No. 9623, Apr. 1, 2009]

Article 20 (Preferential Purchase)

(1) The Minister for Food, Agriculture, Forestry and Fisheries or the heads of local governments may request the heads of public institutions, agriculture-related organizations, or other heads of related groups to to give preference to the purchase of environmentally friendly agricultural products, so as to promote the purchase of these products. (2) The State or local governments may provide necessary support, such as funding within budget, to public institutions or agriculture-related organizations which make preferential purchases under paragraph (1), so as to promote the consumption of environmentally friendly agricultural products.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 21 (International Cooperation)

The Government shall promote the exchange and sharing of information and technology concerning environmentally friendly agriculture through international cooperation with international organizations related to the environment or the relevant nations, cooperate in exchange of human resources, joint surveys, research and development, etc. and actively take part in global efforts for the development of environmentally friendly agriculture, such as controlling agricultural activities and trade in materials that cause substantial damage to the environment.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 22 (Establishment of Standards and Objectives of Domestic Environmentally friendly Agriculture)

The Government shall establish the effective standards and objectives of domestic environmentally friendly agriculture, by considering the international conditions, domestic resources, environmental and economic conditions, etc. [Amended by Act No. 9623, Apr. 1, 2009]

Laws on Green Growth, and Economic Investment in Korea 339 04_LawsConcerningGreenGrowth

Article 22-2 (Fees)

(1) The following persons shall pay the necessary fees:

1. Any person who intends to obtain certification of environmentally friendly agricultural products;

2. Any person who intends to be designated as a certifying institution under Article 17-2 (1);

3. Any person who intends to be redesignated as a certifying institution under Article 17-2 (4); or

4. Any person who intends to extend the term of validity of certification under Article 17-4 (2).

(2) Necessary matters pertaining to the amount of fees under paragraph (1), the methods and periods of payment, etc. shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 23 (Delegation or Entrustment of Authority) The Minister for Food, Agriculture, Forestry and Fisheries may delegate a part of his/her authority under this Act to the Administrator of Rural Development Administration, Chief of Korea Forest Service, Mayor/Do Governor or the head of an institution under the Ministry for Food, Agriculture, Forestry and Fisheries, or entrust such authority to civil organizations, as prescribed by Presidential Decree.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 24 (Hearings)

(1) The Minister for Food, Agriculture, Forestry and Fisheries shall hold a hearing, when he/she intends to revoke the designation of certifying institutions under Article 17-6 or revoke certification under Article 18-2.

(2) When certifying institutions intend to revoke certification under Article 18-2, such institutions shall provide the opportunity to submit a written opinion to a person who has obtained such certification of environmentally friendly agricultural products. (3) The provisions of Articles 22 (4) through (6) and Article 27 of the Administrative Procedures Act shall apply mutatis mutandis, with respect to submission of opinions under paragraph (2). In such cases, an "administrative agency" or "competent administrative agency" shall be deemed a "certifying institution." 340 Ministry of Government Legislation

PENAL PROVISIONSCHAPTER V

[Amended by Act No. 9623, Apr. 1, 2009]

Article 24-2 (Legal Fiction as Public Official in Application of Penal Provisions) Executives and employees of certifying institutions who are engaged in certification duties under the former body of Article 17-2 (1), or executives and employees of civil organizations who perform the entrusted duties under Article 23 shall be deemed public officials, in relation to the penal provisions under Articles 129 through 132 of the Criminal Act.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 25 (Penal Provisions)

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won:

1. Any person who obtains certification of environmentally friendly agricultural products by fraud or other wrongful means, in violation of subparagraph 1 of Article 17-5;

2. Any person who attaches labels of environmentally friendly agricultural products or similar products, or attaches labels which are different from details of certification of environmentally friendly agricultural products, in violation of subparagraph 2 of Article 17-5;

3. Any person who sells products by mixing certified products with agricultural products which are not granted certification, or who keeps, transports or displays mixed products for the purpose of selling such products, in violation of subparagraph 3 of Article 17-5;

4. Any person who sells agricultural products, or keeps, transports or displays agricultural products for the purpose of selling them, with the knowledge that such products labeled as environmentally friendly agricultural products or similar products are not certified products, or such products have labels different from details of certification of environmentally friendly agricultural products, in violation of subparagraph 4 of Article 17-5; or

5. Any person who advertises products, other than certified products, as environmentally friendly agricultural products under Article 16 (1) or advertises certified products, the advertisements of which are different from details of certification of environmentally friendly agricultural products, in violation of subparagraph 5 of Article 17-5. [Amended by Act No. 9623, Apr. 1, 2009]

Laws on Green Growth, and Economic Investment in Korea 341 04_LawsConcerningGreenGrowth

Article 25-2 (Penal Provisions)

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won:

1. Any person who is designated as a certifying institution by fraud or other wrongful means pursuant to Article 17-6 (1) 1, from among persons designated as certifying institutions under the former body of Article 17-2 (1);

2. Any person who grants certification to environmentally friendly agricultural products, without being designated as a certifying institution under the former body of Article 17-2 (1);

3. Any person who grants certification to environmentally friendly agricultural products during the period of business suspension under Article 17-6 (1), from among the persons designated as certifying institutions under the former body of Article 17-2 (1);

4. Any person who fails to comply with measures, such as changing labels of environmentally friendly agricultural products, the suspension of the use of such labels or the ban on sales of products under Article 18 (1).

[Amended by Act No. 9623, Apr. 1, 2009]

Article 26 (Joint Penal Provisions)

If the representative of a corporation, or any agent, employee or other employed person of the corporation or any other private individual commits an offense pursuant to Article 25 or 25-2 in connection with the duties of the corporation or the individual, not only shall such offender be punished accordingly, but the said corporation or the private individual shall also be punished by the fine prescribed in the relevant Article; provided, that the foregoing sentence shall not apply where the corporation or individual has not neglected to exercise due diligence and supervision over the relevant duties in order to prevent such violations.

[Amended by Act No. 9623, Apr. 1, 2009]

Article 27 (Fines for Negligence)

(1) When any person falls under any of the following subparagraphs, he/she shall be punished by a fine for his/her negligence not exceeding 3 million won:

1. Any person who refuses, obstructs or evades inspection in violation of Article 12 (2);

2. Any person who succeeds to the status of a certifying institution or the status of a person who obtains certification of environmentally friendly agricultural products, 342 Ministry of Government Legislation

but fails to report such fact in violation of Article 17-7 (2);

3. Any person who refuses, obstructs or evades inspection in violation of Article 10 of the Agricultural Products Quality Control Act applied mutatis mutandis in Article 18 (2);

4. Any person who fails to report or submit data, falsely reports or submits false data, or refuses, obstructs or evades inspection of facilities or equipment under Article 18-3 (1);

5. Any person who fails to possess and keep the relevant documents in violation of Article 18-3 (2).

(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister for Food, Agriculture, Forestry and Fisheries, Mayor/Do Governor or the head of Si/Gun, as prescribed by Presidential Decree.

[Amended by Act No. 9623, Apr. 1, 2009]

ADDENDA

Article 1 (Enforcement Date)

This Act shall take effect on the date of its promulgation; provided, that the amended provisions of Article 16 (1) shall take effect on January 1, 2010. Article 2 (Transitional Measures concerning Term of Validity of Low-Pesticide Agricultural Products)

(1) With respect to low-pesticide agricultural products certified under the former provisions, at the time of the enforcement of the amended provisions of Article 16 (1) under the proviso to Article 1 of the Addenda, the term of validity of certification may be extended under the former provisions of Article 17-4; provided, that the term of validity shall not be valid beyond December 31, 2015, even if the term of validity of certification is extended. (2) Labels, succession, reports and penal provisions concerning certification of low-pesticide agricultural products, for which valid term of certification has been extended under paragraph (1), shall be governed by the former provisions. Laws on Green Growth, and Economic Investment in Korea 343 04_LawsConcerningGreenGrowth

Article 3 (Transitional Measures Following Abolishment of Low-Pesticide Agricultural Products)

(1) With respect to low-pesticide agricultural products which have been shipped before the enforcement date (referring to the date of expiration, in cases where the term of validity has expired or has been extended under Article 2 (1) of the Addenda; hereafter the same shall apply in this Article) of the amended provisions of Article 16 (1) under the proviso to Article 1 of the Addenda, the former provisions shall apply.

(2) The application of the penal provisions and the fine for negligence to any acts committed before the enforcement date of the amended provisions of Article 16 (1) under the proviso to Article 1 of the Addenda shall be governed by the former provisions.