Korea plant protection act
Wholly Amended by Act No. 5021, Dec. 6, 1995
Amended by Act No. 5153, Aug. 8, 1996
CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this act is to contribute to the security and promotion of agricultural and forest production, by prescribing the necessary matters on the quarantine of imported and exported plants and domestic plants, and on prevention and extermination of animals and plants harmful to plants.
The definitions of the terms used in this Act shall be as follows:
| 1. | The term “plants” shall mean seed plant, fern, moss, mushroom, seeds of formers, fruits of formers, and processed products of formers (“processed products” means things that are simply processed to the extent of not changing plants’ nature, and is prescribed by the Ordinance of the Ministry of Agriculture and Forestry), which is exclusive of the harmful plants under subparagraph 3 of this Article; |
| 2. | The term “harmful animals” shall mean arthropoda such as insects, mites, etc., nematode, other invertebrata or vertebarata, which do damages to plants; |
| 3. | The term “harmful plants” shall mean plant pathogens such as eumycetes, myxomycetes, bacteria, and virus, etc. parasitic plants, and weeds (including their seeds), which do damages to plants directly or indirectly; and |
| 4. | The term “quarantine pests” shall mean harmful animals and harmful plants (hereinafter referred to as the “pests”), which is prescribed by the Ordinance of the Ministry of Agriculture and Forestry because it is deemed that the extent damaging to plants are great unless it is taken measures such as disinfection, discard as a result of pest risk analysis pursuant to Article 8. |
| Article 3 (Plant Protection Officials) |
| (1) | The plant protection official may be assigned in the Ministry of Agriculture and Forestry, and the plant protection official, local public official, may be assigned in the Seoul Special Metropolitan City, Metropolitan City, or Do (hereinafter referred to as the “City/ Do ”) for the purpose of having them engage in the affairs related to quarantine, or control. |
| (2) | Qualification, selection procedure of the plant protection official pursuant to paragraph (1), and other necessary matters shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. |
| Article 4 (Authority of Plant Protection Official) |
| (1) | The plant protection official may enter land, storage places, warehouses, places of business, vessels, vehicles, aircraft, etc. in which the plants, etc. concerned are located, and inspect plants, etc. concerned, or put questions to the person concerned, and take away the minimum quantity of plants necessary for inspection free of charge, in case where he thinks doubtful that plants, their containers, their package (hereinafter referred to as “plants, etc.”) are infected with the quarantine pests, or with the target pests for control pursuant to Article 20 (3). |
| (2) | The plant protection official may order any person who possesses the plants, etc. concerned, land, storage places, warehouses, places of business, vessels, vehicles, and aircraft or his proxy who is delegated the disposal authority from possessor (hereinafter referred to as a “proxy”) to take disinfection, discard, and other necessary measures as prescribed by the Ordinance of the Ministry of Agriculture and Forestry for the purpose of preventing the pests from infesting when the quarantine pests or the target pests for control are analyzed out as a result of the inspection pursuant to the preceding paragraph (1). |
| Article 5 (Presentation of Certificate) |
When the plant protection official performs his duties under this Act, he shall carry a certificate of indicating his authority with him, and show it to the persons concerned.
CHAPTER Ⅱ QUARANTINE OF IMPORTED AND EXPORTED PLANTS
| Article 6 (Restrictions on Import) |
| (1) | No plants, etc. may be imported unless a certificate of inspection or its copy is attached thereto, which is issued by the government authorities in an exporting country, and is noted down the fact that it affirms that no quarantine pests are contained as a result of inspection: Provided , That this rule shall not be applicable to the case that plants, etc. are imported from country which does not have the government authorities for quarantine plants, the case that plants etc. are carried and imported, or the case that other special regulations are prescribed in the Ordinance of the Ministry of Agriculture and Forestry. |
| (2) | Plants, and things which are permitted to import under the proviso of Article 7 shall not be imported at places other than ports or airports specified by the Ordinance of the Ministry of Agriculture and Forestry, except for the case that they are imported through the postal channels. |
| (3) | Plants, and things, etc. which are permitted to import under the proviso of Article 7 shall not be imported as other mails except for the ordinary mail and the parcel post. |
| (4) | The Minister of Agriculture and Forestry may restrict temporarily the import of plants, etc. which are produced in the locality where the quarantine pests break out, are sent from such locality, or are passed through such locality, when he deems that situations necessary for the emergent measures in controlling the pests are given rise to, for example, there is apprehension that the quarantine pests break out at the specific locality in foreign country, and are flowed into the Republic of Korea. |
| Article 7 (Prohibition of Import) |
Things, etc. which fall under any of the following subparagraphs (hereinafter referred to as “prohibited things”) shall not be imported: Provided , That this rule shall not be applicable to the case that permission is obtained from the Minister of Agriculture and Forestry for the purpose of supplying them for the use of experiment and research, or that exporting country presents the method to annihilate the pests which inhabit the plants pursuant to subparagraph 1 of this Article, and the Minister of Agriculture and Forestry deems that the pests do not have apprehension to do damages to domestic plants as a result of the analysis and assessment of risk of the pests pursuant to Article 8 as to whether that method is proper or not:
| 1. | Plants inhabiting locality where if, as a result of the analysis and assessment of risk of the pests pursuant to Article 8, the pests are flowed into the Republic of Korea the pests which are deemed to do great damage to domestic plants are distributed, and plants passing through such locality. In this case, the Ordinance of the Ministry of Agriculture and Forestry shall prescribe such pests, such region, and such plants; |
| 2. | Harmful animals or harmful plants; |
| 3. | Soil or plants to which soil attaches; and |
| 4. | Containers or package of things, etc. pursuant to subparagraphs 1 through 3. |
| Article 8 (Pest Risk Analysis) |
| (1) | The Minister of Agriculture and Forestry shall execute the analysis and assessment of risk of the pests (hereinafter referred to as “pest risk analysis”) for the purpose of devising measures to estimate and reduce that risk in order to reduce economic loss which may be affected to agricultural crops, natural environment etc., if the pests are flowed into the Republic of Korea with attaching to plants, etc.. |
| (2) | Method and procedure of the pest risk analysis, and other necessary matters shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. |
| Article 9 (Inspection of Import Plants, etc.) |
| (1) | Any person who imports the plants, etc. or the prohibited things pursuant to the proviso of Article 7, shall immediately report such fact to the head of the national plant quarantine agency in accordance with what the Ordinance of the Ministry of Agriculture and Forestry prescribes, and undergo inspection by the plant protection official as to whether plants, etc. and prohibited things violate Article 6 (1) and (4), whether they are the prohibited things, or whether there are the quarantine pests: Provided , That this Article shall not be applicable to the case that the inspection pursuant to paragraph (3) of this Article, and that plants, etc. and prohibited things are imported through parcel post. |
| (2) | The inspection pursuant to the preceding paragraph (1), shall be executed at the place as designated by the plant protection official who stays at the port or the airport specified by the Ordinance of the Ministry of Agriculture and Forestry. |
| (3) | When it is deemed that it is doubtful that there are the quarantine pests on the plants, etc. to be imported, or on the prohibited things, and that there is apprehension that the quarantine pests will infest, the plant protection official may enter the vessel, or the airplanes concerned, and may inspect plants, etc. or prohibited things concerned before the customs clearance. |
| (4) | If the head of the post office who carries out the affairs related to the customs clearance procedures, receives the postal matters in which the plants, etc. or the prohibited things concerned are contained or are suspected to be contained, he shall immediately report such facts to the head of the national plant quarantine agency. |
| (5) | If there is notification by the head of the post office pursuant to the preceding paragraph (4), the plant protection official shall inspect the postal matters concerned. In this case, if it is deemed to be necessary for inspection, he may open or observe the postal matters concerned in the presence of the post-official concerned. |
| (6) | Any person who receives the postal matters in which the plants, etc. or the prohibited things having not undergone the inspection pursuant to the preceding paragraph (5) are contained, shall immediately report such fact to the head of the national plant quarantine agency with appending that postal matter, and undergo inspection by the plant protection official. |
| (7) | With regards to the seeds and seedlings deemed that it is difficult to determine whether there are any quarantine pests, as a result of the inspection pursuant to paragraphs (1) through (6) of the seeds and seedlings for planting or propagating designated by the Ordinance of the Ministry of Agriculture and Forestry, the plant protection official may order possessor of the seeds and seedlings concerned, or his proxy to perform post-entry quarantine growing in accordance with the Ordinance of the Ministry of Agriculture and Forestry, and may inspect them at the cultivation place, or may inspect them by cultivating isolatedly a portion of the seeds and seedlings concerned in the national plant quarantine agency. |
| Article 10 (Measures such as Disinfection and Discard, and Certificate of Inspection) |
| (1) | If the plant protection official confirms the fact that the certificate of inspection which is issued by the government authorities in exporting country is not attached as a result of the report and inspection pursuant to Article 9 (1), or that the plants, etc. or the prohibited things which are in violation of the provision of Article 6 (4) or 7 is imported as a result of the inspection pursuant to Article 9 (1) through (6), he shall order possessor of the plants, etc. or the prohibited things concerned, or his proxy to discard or send back them as prescribed by the Ordinance of the Ministry of Agriculture and Forestry. |
| (2) | When the quarantine pests are analyzed out as a result of the inspection pursuant to Article 9, the plant protection official shall order the possessor of the plants, etc. or the prohibited things concerned, or his proxy to disinfect, discard, send back them to origin in accordance with the disposal measures determined as a result of pest risk analysis: Provided , That this Article shall not be applicable to the plants, etc. to be given agreement by possessor or his proxy because they think that it is efficient for the plant protection official to treat directly the plants, etc. because of small quantity postal matters or the plants, etc. which are carried and imported. |
| (3) | The possessor or his proxy who received the order pursuant to paragraph (1) or (2), shall disinfect, discard, or send back the plants, etc. or the prohibited things concerned: Provided , That if they ignore the order by the plant protection official, until the definite period of time specified by the Ordinance of the Ministry of Agriculture and Forestry, or if the plant protection official can not give the order pursuant to paragraph (1), because the possessor or his proxy can not be identified or their whereabouts are unknown, the plant protection official, in person, may disinfect and discard the plants, etc. or the prohibited things concerned. |
| (4) | If the plant protection official deems that the plants, etc. concerned do not violate Articles 6 (1) and (4), and 7, and are not infected with the quarantine pests as a result of inspection under Article 9, he shall issue the certificate of inspection in accordance with what the Ordinance of the Ministry of Agriculture and Forestry prescribes: Provided , That he shall issue the certificate of inspection for the plants, etc. which are carried and imported, only in a case where any person who imports plants, etc. requests issue of the certificate of inspection. |
| (5) | With regard to quality damage, harmful effects by a medicine, and other damages equivalent to the formers which are resulted from disinfection and discard carried out or ordered by the plant protection official as the appropriate performance of duty pursuant to the preceding paragraphs (1) through (3), the compensation for loss may not be requested. |
| Article 11 (Inspection of Export Plants, etc.) |
| (1) | Any person who intends to export plants, etc., shall undergo the inspection by the plant protection official as to whether the plants, etc. concerned is or not, in accordance with the demand by importing country, and shall not export such plants, etc., unless such plants, etc. pass through inspection: Provided , That this Article shall not be applicable to the plants etc. specified by the Ordinance of the Ministry of Agriculture and Forestry, such as the cases that plants, etc. are exported as the form of the postal matters, or that importing country does not demand the certificate of inspection. |
| (2) | The Minister of Agriculture and Forestry shall issue an official notice of the demand by importing country pursuant to the preceding paragraph (1). |
| (3) | The inspection pursuant to the preceding paragraph (1), shall be executed at the place where the national plant quarantine agency is located: Provided , That this Article shall not be applicable to the case that any person who intends to undergo inspection wants to undergo the inspection at the place in which the plants, etc. which are the object of inspection are cultivated, consequently when the plant protection official deems suitable to the place for inspection. |
| (4) | If the plant protection official deems necessary for complying with the demand by importing country, he may reinspect the plants, etc. which have already undergone the inspection pursuant to the preceding paragraph (1). |
| Article 12 (Inspection Methods, etc.) |
The methods for the inspections pursuant to Articles 9 through 11, the criteria for an administrative disposition executed as a result of inspection, fees for inspection, and other necessary matters shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
| Article 13 (Inspection of Import Plants, etc. in Exporting Country) |
| (1) | The Minister of Agriculture and Forestry may have the plant protection official take an official trip to exporting country, and have him inspect the plants, etc. to be imported (hereinafter referred to as the “pre-clearance inspection”) in case where it falls under any of the following subparagraphs: |
| 1. | The case that exporting country requests the Republic Korean plant protection official to inspect plants, etc. at importing country before exporting plants, etc., for purpose of exporting plants, etc.; |
| 2. | The case that the plants prescribed in subparagraph 1 is imported in accordance with the proviso of Article 7; and |
| 3. | The case that the Minister of Agriculture and Forestry deems necessary for preventing the introduction of quarantine pests. |
| (2) | The Minister of Agriculture and Forestry decides and notifies the methods necessary for the pre-clearance inspection pursuant to the preceding paragraph (1) with applying mutatis mutandis the methods of inspection pursuant to Article 12. |
| (3) | The provisions of Article 9 (3) through (7) shall not be applicable to the plants, etc. to which the certificate of inspection indicated the result of the pre-clearance inspection pursuant to the preceding paragraphs (1) and (2) is attached. |
CHAPTER Ⅲ QUARANTINE OF DOMESTIC PLANTS
| Article 14 (Domestic Quarantine) |
The Minister of Agriculture and Forestry executes quarantine in order to prevent the pests which have newly infiltrated into the Republic of Korea or have already infiltrated into the divisional locality in the Republic of Korea from infesting, and in order to preserve good seeds and seedlings.
| Article 15 (Inspection of Designated Seeds and Seedlings) |
| (1) | Any person (hereinafter referred to as the “seeds and seedlings producer”) who produces the plant that is furnished as the use of propagating, and designated and notified by the Minister of Agriculture and Forestry (hereinafter referred to as the “designated seeds and seedlings”), shall undergo inspection of the designated seeds and seedlings which he produces every year by the plant protection official, in order to prevent the pests from infesting through the seeds and seedlings at the cultivation place during the growing season. |
| (2) | If the plant protection official deems that it is impossible to exterminate the blight and noxious insects, or to prevent the pests from infesting only by inspection during the growing season pursuant to the preceding paragraph (1), he may execute inspection of the designated seeds and seedlings, before cultivation or after harvest. |
| (3) | If the pests which the Minister of Agriculture and Forestry designates and notifies, are analyzed out as a result of inspection pursuant to the preceding paragraphs (1) or (2), the plant protection official shall stop inspecting, and direct the seeds and seedlings producer concerned the necessary matters in order to exterminate the pests, or in order to prevent the pests from infesting. |
| (4) | The seeds and seedlings producer who takes an order from the plant protection official in accordance with the preceding paragraph (3), shall apply to the plant protection official for re-inspection of the designated seeds and seedlings and undergo inspection after performing the matters directed. |
| (5) | When the plant protection official deems that there are no pests that the Minister of Agriculture and Forestry designates on the designated seeds and seedlings as a result of inspection pursuant to paragraph (1), (2), or (4), he shall issue the certificate of inspection to the seeds and seedlings producer concerned in accordance with what the Ordinance of the Ministry of Agriculture and Forestry prescribes. |
| (6) | The seeds and seedlings producer may not transfer or sell the designated seeds and seedlings which he produces or may not take them out of the localities of the City/ Do where the designated seeds and seedlings are kept, unless he appends the certificate of inspection to them under paragraph (5). |
| Article 16 (Discard Disposal) |
In a case where the designated seeds and seedlings are transferred, sold, or taken out in violation of the provision of Article 15 (6), the plant protection official shall order possessor of the seeds and seedlings concerned or his proxy to discard them: Provided , That if they ignore the order by the plant protection official, until the definite period of time specified by the Ordinance of the Ministry of Agriculture and Forestry, or if the plant protection official can not give such order, because possessor or his proxy can not be identified, or their whereabouts are unknown, the plant protection official, in person, may discard the designated seeds and seedlings.
| Article 17 (Inspection Methods etc.) |
The methods for the inspections pursuant to Articles 15 and 16, the criteria for an administrative disposition executed as a result of inspection, fees for inspection, and other necessary matters shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
| Article 18 (Exclusion of Application) |
The provisions of Articles 14 through 17 shall not apply to the designated seeds and seedlings which the State, or local governments produce and inspect for themselves.
CHAPTER Ⅳ PESTS CONTROL
| Article 19 (Pests Control) |
| (1) | In cases where the pests which have newly infiltrated into the Republic of Korea, or have already infiltrated into the divisional locality in the Republic of Korea infest, consequently there is apprehension that such pests do great damage to agricultural and forest produce, and that the export of agricultural and forestal produce is hindered by the pests, when the Minister of Agriculture and Forestry, or the Seoul Special Metropolitan City Mayor, the Metropolitan City Mayor, or Do governor (hereinafter referred to as the “Mayor/ Do governor”) deems that it is necessary for exterminating the pests or preventing them from infesting, he shall execute the pests control: Provided , That this Article shall not be applicable to the case that the pests control is executed in accordance with what other Act prescribes separately, such as the case of the pets control in the forest. |
| (2) | When the Minister of Agriculture and Forestry or Mayor/ Do governor performs the pests control pursuant to the preceding paragraph (1), he shall give a notice of the matters which are prescribed by the following subparagraphs at least before 14 days from the date of the pests control: |
| 1. | Locality of the pests control, and date of the pests control; |
| 2. | Species of the target pests for control; |
| 3. | Contents of the pests control; and |
| 4. | Other necessary matters related to the pests control. |
| Article 20 (Scheme for Pests Control) |
| (1) | The Minister of Agriculture and Forestry shall make out the guideline in which basic matters pertaining to establishment of the scheme for pests control, and to pests control are included (hereinafter referred to as the “basic guideline of pests control”), and shall direct to the Mayor/ Do governor every year, in order to perform efficiently the pests control pursuant to Article 19. |
| (2) | When the Mayor/ Do governor are directed the basic guideline of pests control from the Minister of Agriculture and Forestry, they shall immediately establish and perform the scheme for pests control which is appropriate for the related locality. |
| (3) | The matters prescribed in the following subparagraphs, shall be included in the basic guideline of pests control, and the scheme for pests control: |
| 1. | The basic guideline of pests control: |
| (a) | Basic course of pests control; |
| (b) | Species of the target pests for control; |
| (c) | Propulsive main principles of pests control, and the matters on a budget for pests control; and |
| (d) | Other matters necessary for establishment of the scheme for pests control, and for pests control. |
| 2. | The scheme for pests control: |
| (a) | Basic course of pests control which is appropriate for the specific character of locality; |
| (b) | Locality and date of pests control; |
| (c) | Species of the target pests for control; and |
| (d) | Concrete contents of pests control, and other matters necessary for pests control. |
| (4) | When the Mayor/ Do governor establishes the scheme for pests control pursuant to the preceding paragraph (2), he shall immediately notify its contents on the City/ Do Gazette, and report it to the Minister of Agriculture and Forestry. This rule shall be applicable to the case that its contents are changed: Provided , That the report on change of contents of the scheme for pests control is limited to important matters. |
| Article 21 (Pre-observation on Outbreak of Pests) |
With respect to the pests which threaten to cause serious damage to the crops, not by spreading locally but by radically widespread, the Administrator of the Rural Development Administration shall examine situations on breeding of the pests concerned, weather conditions, and growth of the crops, and shall furnish the person concerned with such information.
| Article 22 (Duty to Report) |
When the Administrator of the Rural Development Administration, the head of the national plant quarantine agency, and the Mayor/ Do governor discover the fact that it is deemed necessary for executing the pests control pursuant to Article 19 (1), they shall immediately report or inform such fact to the Minister of Agriculture and Forestry, or the Mayor/ Do governor.
| Article 23 (Joint Pest Control) |
When the Mayor/ Do governor deems that it is efficient to execute pests control pursuant to Article 19 jointly with Si / Gun /autonomous Gu , agricultural or forest worker, producer group of agricultural or forest produce pursuant to Articles 2 and 4 of the Act on the Special Measures for Development of Agricultural and Fishing Villages (hereinafter referred to as “agricultural worker, etc.”), and pests control businessman pursuant to the Agrochemicals Control Act, etc., they execute the joint pests control within the sphere of jurisdiction in accordance with the scheme for execution of pests control under Article 20: Provided , That in a case where there is apprehension that the pests break out in two or more Cities/Dos, consequently it will do damage all over the country, the Minister of Agriculture and Forestry shall order the City/ Do concerned to execute the joint pests control.
| Article 24 (Contents of Order for Pests Control) |
| (1) | When the Minister of Agriculture and Forestry, or the Mayor/ Do governor deems that it is necessary to give orders prescribed in the following subparagraphs for the purpose of performing the pests control pursuant to Article 19, he may give such orders: |
| 1. | Restriction or prohibition order against cultivation of plant which is infected or is liable to be infected with the target pests for control to person who cultivates such plant; |
| 2. | Restriction or prohibition order against transfer and moving of plants, etc. which are infected or are liable to be infected with the target pests for control to possessor of such plants, etc., or his proxy; |
| 3. | Measures order for disinfection and discard, etc. of plants, etc. which are infected or are suspected to be infected with the target pests for control to possessor of such plants, etc., or his proxy; and |
| 4. | Measures order for disinfection, etc. of tools such as agricultural implement and conveyance instruments, and facilities such as warehouse to possessor of such tools and facilities, or his proxy. |
| (2) | When the Minister of Agriculture and Forestry, or the Mayor/ Do governor deems that it is necessary to execute urgently the pests control pursuant to Article 19 (1), he may have the plant protection official take measures equivalent to the preceding paragraph (1) 3, without giving the public notice pursuant to Article 19 (2). |
| Article 25 (Order for Cooperation) |
When the Minister of Agriculture and Forestry, or the Mayor/ Do governor deems necessary for the purpose of executing the pests control pursuant to Article 19, he may order affairs cooperation to local governments, agricultural worker, etc., or pests control businessman pursuant to the Agrochemicals Control Act.
| Article 26 (Bearing of Expenses) |
In a case where the Minister of Agriculture and Forestry, or the Mayor/ Do governor executes the joint pests control pursuant to Article 23, or the pests control in accordance with the order for corporation under Article 25, the State and local governments bear expenses thereof at the rate of the basic aid proportion pursuant to the Act on the Budgeting and Management of Subsidies: Provided , That when the Minister of Agriculture and Forestry, or the Mayor/ Do governor deems that the execution of pests control brings remarkable profit to beneficiary, he may have beneficiary bear a portion of expenses in accordance with what the Presidential Decree prescribes.
| Article 27 (Compensation for Loss) |
| (1) | The State, and the City/ Do may compensate for loss any person who suffers loss resulting from the order pursuant to Article 24 in consideration of the executing circumstances. |
| (2) | Any person who intends to receive compensation pursuant to the preceding paragraph (1), shall apply for compensation to the Minister of Agriculture and Forestry, and the Mayor/ Do governor who has jurisdiction over locality in which the objective of compensation is located. In this case, application to the Minister of Agriculture and Forestry shall be passed through the Mayor/ Do governor who has jurisdiction over such locality. |
| (3) | The Minister of Agriculture and Forestry shall immediately decide as to whether compensation is possible or not, in consideration of the criteria and the procedure prescribed by the Ordinance of the Ministry of Agriculture and Forestry, and shall notify the applicant thereof of the consequence of decision. |
| Article 28 (Equipment and Transfer of Chemicals) |
| (1) | The Minister of Agriculture and Forestry equips the chemicals necessary for execution of pests control affairs, or has the National Agricultural Cooperatives Federation equip such chemicals. |
| (2) | The Minister of Agriculture and Forestry may transfer the chemicals which are equipped pursuant to the preceding paragraph (1), or subsidize a portion of expenses necessary for purchase of the chemicals necessary for pests control, to local governments, agricultural worker, etc., or pests control businessman pursuant to the Agrochemicals Control Act who will execute pests control in accordance with the scheme for pests control. |
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
| Article 29 (Application of Objection) |
| (1) | Any person who falls under any of the following subparagraphs may raise an objection to the Minister of Agriculture and Forestry, or the Mayor/ Do governor, in accordance with what the Ordinance of the Ministry of Agriculture and Forestry prescribes, in a written statement within 14 days from the date of disposition. In this case, application to the Minister of Agriculture and Forestry shall be passed through the head of the national plant quarantine agency, or the Mayor/ Do governor concerned: |
| 1. | Person who has received the order pursuant to Article 4 (2); |
| 2. | Person who has not passed the inspection pursuant to Article 11 (1); |
| 3. | Person who has not passed the re-inspection pursuant to Article 15 (4); |
| 4. | Person who has received the order pursuant to Article 25; and |
| 5. | Person who has been notified of the decision pursuant to Article 27 (3) as to whether compensation is possible or not. |
| (2) | When the Minister of Agriculture and Forestry, or the Mayor/ Do governor receives the application for objection pursuant to the preceding paragraph (1), he shall immediately notify applicant thereof of date and place for examination, and shall give applicant and his proxy a chance to state their opinion thereon: Provided , That this Article shall not be applicable to the case that it is impossible to give a chance to state opinion, because applicant and his proxy do not accept such chance, or because of their address unknown. |
| (3) | The Minister of Agriculture and Forestry, or the Mayor/ Do governor shall examine the application, and shall notify applicant thereof of the contents of examination within 14 days from the date to receive application. |
When the Minister of Agriculture and Forestry, or the Mayor/ Do governor deem necessary for pests control, he may receive the necessary report from the head of Si / Gun /autonomous Gu agricultural worker, etc., or the pests control businessman pursuant to the Agrochemicals Control Act.
| Article 31 (Delegation of Authority) |
| (1) | The Minister of Agriculture and Forestry may delegate a portion of his authority under this Act to the head of the national plant quarantine agency, or the Mayor/ Do governor in accordance with what the Presidential Decree prescribes. |
| (2) | The Mayor/ Do governor may delegate a portion of their authority under this Act to the head of Si / Gun /autonomous Gu in accordance with what the Presidential Decree prescribes. |
CHAPTER Ⅵ PENAL PROVISIONS
| Article 32 (Penal Provisions) |
Any person who falls under any of the following subparagraphs, shall be punished by imprisonment with prison labor for 1 year or shorter, or by a fine of 10,000,000 won or less:
| 1. | Person who disobeys the order pursuant to Article 4 (2); |
| 2. | Person who violates the provisions of Article 6 (1), (2), (4), or 7; and |
| 3. | Person who disobeys the order pursuant to the main sentence of Article 10 (3), or refuses, obstructs, or evades the disinfection disposition or the discard disposition pursuant to the proviso of Article 10 (3). |
| Article 33 (Penal Provisions) |
Any person who falls under any of the following subparagraphs, shall be punished with a fine of 5,000,000 won or less:
| 1. | Person who refuses, obstructs, or evades the inspection pursuant to the provisions of Article 4 (1); |
| 2. | Person who does not undergo the inspection pursuant to the provisions of Article 9 (1) or (6), undergoes the inspection by means of falsity, or other unfair methods; |
| 3. | Person who violates the provision of Article 11 (1), exports plants, etc. without passing through inspection, or by passing through inspection by means of falsity, or other unfair methods; and |
| 4. | Person who disobeys order pursuant to the main sentence of Article 16, or refuses, obstructs, or evades the discard disposition pursuant to the text of Article 16. |
| Article 34 (Joint Penal Provisions) |
In case where the representative of a juristic person, proxy of a juristic person or individual, servant of a juristic person or individual, other employee of a juristic person or individual commits the violative acts under Articles 32 and 33, in relation to affairs of a juristic person or individual, person who commits the violative acts shall be subjected to penalty, in addition to punishment with a fine as prescribed in each Article concerned shall be imposed on a juristic person or on individual.
| Article 35 (Fine for Negligence) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished with a fine for negligence of 5,000,000 won or less: |
| 1. | Person who disobeys against the order for pos-tenty quarantine growing of the seeds and seedlings pursuant to Article 9 (7); |
| 2. | Person who violates the provision of Article 15 (6); and |
| 3. | Person who disobeys against the order for the pests control pursuant to Article 24 (1), or refuses, obstructs, or evades the disposition pursuant to Article 24 (2). |
| (2) | The Minister of Agriculture and Forestry, or the Mayor/ Do governor (hereinafter referred to as the “person entitled to imposition”) shall impose and collect the fine for negligence pursuant to the preceding paragraph (1), in accordance with what Presidential Decree prescribes. |
| (3) | Any person who disobeys against the disposition of a fine for negligence pursuant to the preceding paragraph (2), may raise an objection to the person entitled to imposition within 30 days from the date of notification. |
| (4) | When any person who is imposed the disposition of a fine for negligence pursuant to the preceding paragraph (2) raises an objection in accordance with the preceding paragraph (3), the person entitled to imposition shall immediately notify a competent court of such fact, the competent court that is notified such fact shall perform judgment on a fine for negligence under the Non-Contentious Case Litigation Procedure Act. |
| (5) | When an objection is not raised within the definite period of time under the preceding paragraph (3), and a fine for negligence is not paid, the fine for negligence shall be collected according to an example of the disposition of national taxes or local taxes in arrears. |
| (1) | (Enforcement Date) This Act shall enter into force on the date 1 year after the date of its promulgation. |
| (2) | (Transitional Measures on Inspection Procedure, etc.) Notwithstanding the provisions of Articles 6 (4), and 12, the previous provisions shall be applicable to the restriction on plants, etc. sent from exporting country which is executed before this Act enters into enforce, and to the inspection procedure, etc. pursuant to the previous provisions which are executed before this Act enters into enforce. |
| (3) | (Transitional Measures on Application of Penal Provisions) The previous provisions shall be applicable, in applying penal provisions to the violative acts committed before this Act enters into force. |
Article 1 (Enforcement Date)
This Act shall enter into force on the enforcement date of the Presidential Decree relating to the organization of the Ministry of Maritime Affairs and Fisheries and of the National Maritime Police Agency pursuant to the amended provision in Article 41 of this Act within 30 days from promulgation of this Act.
