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韩国植物保护法

2015-12-03来源:林业信息网

Article 1 (Purpose)
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 the pest control of animals and plants inflicting harms on
the plants.
Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows: Aug. 8, 1996; Act No. 5764, Feb. 5, 1999; Act No. 6696, May 13, 2002>
1.The term "plants" shall mean such categories as the seed plant, fern, moss, mushroom, and
their seeds, fruits and processed products (referring to what are prescribed by the Ordinance of
the Ministry of Agriculture and Forestry, that are simply processed to the extent of not
changing the orignal nature of plants), which exclude the harmful plants under subparagraph 3;
2.The term "harmful animals" shall mean the insects, mites, nematodes, snails, and other
invertebrates inflicting harms on the plants;
3.The term "harmful plants" shall mean such plant pathogens as the eumycetes, myxomycetes,
bacteria, and virus, etc. and the parasitic plants and weeds (including their seeds), which
directly or indirectly inflict harms on the plants;
4.The term "control pests or diseases" shall mean the pests or diseases falling under each of
the following items, whose extent of inflicting harms on the plants is deemed to be great
unless such measures as disinfection or disposal are taken, from among the harmful animals
and plants (hereinafter referred to as the "pests or diseases"):
(a) Pests or diseases of such importance as having a concern over latently inflicting a great
economic damage, against which a business of predicting their outbreak and other measures
for pest control are being conducted while they do not exist in the country or are spread to
some regions, which are determined by the Ordinance of the Ministry of Agriculture and
Forestry (hereinafter referred to as "quarantine pests or diseases"); and
(b) Non-quarantine pests or diseases controlled in the country since they inflict damages of
economically-unadmittable extent on the plants for cultivation, which are determined by the
Ordinance of the Ministry of Agriculture and Forestry (hereinafter referred to as "control non-quarantine pests or diseases");
5.The term "temporary control pests or diseases" shall mean the pests or diseases which have
been first detected in the quarantine course for imported plants or are under analyses of risks
from pests or diseases under Article 8, against which such measures as disinfection and
disposal are temporarily taken corresponding to the control pests or diseases;
6.The term "non-quarantine pests or diseases" shall mean the pests or diseases excluding the
control and temporary control pests or diseases, which are designated by the Minister of
Agriculture and Forestry; and
7.The term "plants, etc." shall mean the plants and the containers or packages to put the plants
in or to pack them.
Article 3 (Plant Disinfection Officials)
(1) Plant disinfection officials may be assigned to the Ministry of Agriculture and Forestry,
and the plant disinfection officials who are the local public officials may be assigned to the
Special Metropolitan City, Metropolitan City or Do (hereinafter referred to as the "City/Do")
in order to let them deal with the duties of quarantine or pest control under this Act.
(2) Qualifications and selection procedures for the plant disinfection officials 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 Disinfection Officials)
(1) The plant disinfection official may inspect the plants, etc. the lands, storing places,
warehouses, business places, vessels, vehicles, or aircraft, etc., all of which are doubtful of
being stuck by the control pests or diseases, temporary control pests or diseases, or the pests or
diseases subject to pest control under Article 20 (3), and those which are doubtful of having
the prohibited items under

Article 7
When the plant disinfection official has, as a result of his inspection under paragraph (1),
detected the control pests or diseases, temporary control pests or diseases, or the pests or
diseases subject to pest control under Article 20 (3), or discovered the prohibited items under
Article 7 (1), he may order the owners of relevant plants, etc., lands, storing places,
warehouses, business places, vessels, vehicles, or aircraft, etc., or their agents to whom a
disposal authority has been delegated (hereinafter referred to as the "agent") to conduct the
disinfection, disposal, and other necessary measures under the conditions as prescribed by the
Ordinance of the Ministry of Agriculture and Forestry. 1996; Act No. 5764, Feb. 5, 1999; Act No. 6696, May 13, 2002>
(3) When the plant disinfection official deems it necessary for the inspection under paragraph
(1), he may gain access to the lands, storing places, warehouses, business places, vessels,
vehicles, or aircraft, etc. required for the relevant inspection, or interrogate the interested
parties, and collect free of charge the minimum quantity of test samples required for the
inspection. Article 5 (Production of Certificate)
When the plant disinfection official performs his duties under this Act, he shall carry a
voucher indicating his authority, and produce it to the persons concerned.
CHAPTER II QUARANTINE OF IMPORTED AND EXPORTED PLANTS
Article 6 (Import Restrictions)
(1) Any person intending to import the plants, etc. shall be prohibited from any imports, unless
he attaches the inspection certificate, or its copy, issued by a government agency of the
exporting state, whereto entered the fact of verification that no control pests or diseases are
stuck to such plants as a result of inspection: Provided, That the same shall not apply to the
cases where the plants, etc. are imported from a state having no government agency for plant
quarantine, where they are imported as a hand luggage, where they are imported as a postal
matter, and other cases prescribed by the Ordinance of the Ministry of Agriculture and
Forestry. 6696, May 13, 2002>
(2) Plants, etc. and the prohibited items whose import is possible under Article 7 (2) shall not
be imported through any other places than harbors, airports, railway stations and other places
prescribed by the Ordinance of the Ministry of Agriculture and Forestry (hereinafter referred
to as "quarantine place"), except for the case of importing as a postal matter. Act No. 6696, May 13, 2002; Act No. 7136, Jan. 29, 2004>
(3) Deleted.
(4) When the Minister of Agriculture and Forestry deems that any situations occurred which
require an urgent control of pests or diseases, such as there exists a concern over the inflow of
control pests or diseases into the country because of their outbreak in a specific district of a
foreign state, he may temporarily restrict any import of the plants, etc. which have been
produced or shipped from the relevant districts or passed through such districts. Act No. 5153, Aug. 8, 1996; Act No. 5764, Feb. 5, 1999>
(5) The Minister of Agriculture and Forestry may restrict any import of the plants from the
state which has failed to conduct the inspection or disinfection measures demanded under
Article 13 (4).
Article 7 (Prohibition of Import)
(1) Goods, etc. falling under any of the following subparagraphs (hereinafter referred to as
"prohibited items") shall not be imported: 5764, Feb. 5, 1999; Act No. 6696, May 13, 2002>
1.Plants growing in the areas distributed with such pests or diseases as are deemed, as a result
of the analysis of risks from pests or diseases under Article 8, to inflict a great damage on the
domestic plants if they are flowed into the country, and those passing through the relevant
areas. In this case, the Ordinance of the Ministry of Agriculture and Forestry shall prescribe
the pests or diseases, areas and plants subject thereto; 2.Pests or diseases;
3.Soil as specified by the Ordinance of the Ministry of Agriculture and Forestry or plants
stuck by soil; and
4.Containers or packages of the goods, etc. under the provisions of subparagraphs 1 through 3.
(2) Prohibited items may be imported in case where they fall under any of the following
subparagraphs, notwithstanding the provisions of paragraph (1): 6696, May 13, 2002>
1.Where the Minister of Agriculture and Forestry has granted permit for the purpose of
offering prohibited items to the test and research, or to the international exhibition approved
by the Government;
2.Where the exporting state has presented a means of annihilating the pests or diseases
inhabiting the relevant plants under paragraph (1) 1, for which the Minister of Agriculture and
Forestry has admitted that there exists no concern over causing any damages to domestic
plants as a result of the analysis of risks from the pests or diseases under Article 8, in regard to
whether or not the said means are pertinent; and
3.Where any person intending to import for the first time the pests or diseases under paragraph
(1) 2 for the purpose of biological pest control or for that specified by the Minister of
Agriculture and Forestry, has furnished the well-founded data indicating that the relevant pests
or diseases do not harm the plants or the means of risk management, and where the Minister of
Agriculture and Forestry has admitted that there exists no concern over causing any damages
to domestic plants as a result of analysis of risks from the pests or diseases under Article 8, in
regard to whether or not the said data or means are pertinent.
(3) The Minister of Agriculture and Forestry may impose such conditions as import method,
management method after import and other requirements on the prohibited items whose
import is possible under paragraph (2). No. 7136, Jan. 29, 2004>
Article 8 (Analysis of Risks from Pests or Diseases)
(1) When any pests or diseases flow into the country, the Minister of Agriculture and Forestry
shall, in order to prevent any economic losses, etc. which may be incurred in agricultural crops,
natural environment, etc., perform the analysis and assessment of any risks from the pests or
diseases (hereinafter referred to as "analysis of risks from the pests or diseases") to evaluate
the extent of such risks and devise the schemes capable of reducing the extent of such risks.
(2) Methods and procedures for the analysis of risks from the pests or diseases, and other
necessary matters shall be prescribed by the Ordinance of the Ministry of Agriculture and
Forestry.
Article 9 (Inspection of Imported Plants, etc.)
(1) Any person who imports the plants, etc. or the prohibited items under Article 7 (2) shall
promptly file a report thereon with the head of an agency in charge of plant quarantine to be established in the Ministry of Agriculture and Forestry (hereinafter referred to as the "national plant quarantine agency"), and undergo an inspection by the plant disinfection official inregard to whether or not he violates

Article 6 (1) or the matters of import restriction under paragraphs (4) and (5) of the same Article, whether the said plants, etc. or prohibited items are prohibited from import, or whether there exist any control pests or diseases: Provided, That the same shall not apply to the case where they have undergone the inspection under paragraph (3), and where they have been imported as the postal matters. 5153, Aug. 8, 1996; Act No. 5764, Feb. 5, 1999; Act No. 6696, May 13, 2002>
(2) Deleted.
(3) When the plant disinfection official has been doubtful of an existence of any control pests
or diseases in the imported plants, etc. or prohibited items, and has deemed that there exists a
concern over a prevalence of such control pests or diseases, he may gain access to the vessels,
vehicles or aircraft to inspect the relevant plants, etc. or prohibited items before the customs clearance.
(4) When the head of post office who performs the duties related to the customs clearance
procedures has received any postal matters which contain the plants, etc. or prohibited items
or are doubtful of containing them, he shall promptly notify the head of the national plant
quarantine agency of such facts.
(5) Any plant disinfection official in receipt of a notification from the head of post office under paragraph (4), shall inspect the relevant postal matters. In this case, if it is deemed necessary for the inspection, he may open and inspect the relevant postal matters in the presence of the relevant post officials.
(6) Any person, who has received the postal matters containing the plants, etc. or prohibited
items which failed to undergo the inspection under paragraph (5), shall promptly file a report
on such fact with the head of the national plant quarantine agency by appending such postal
matters, and undergo an inspection by the plant disinfection official.
(7) In case where it is deemed difficult to judge whether or not there exist any control pests or
diseases as a result of the inspection of such seeds as prescribed by the Ordinance of the
Ministry of Agriculture and Forestry under paragraphs (1), (3), (5) and (6), the plant
disinfection official may order the owner of relevant seeds or his agent to perform an isolated
cultivation and perform an inspection at such cultivation place, or may perform such
inspection by having a portion of relevant seeds cultivated isolatedly in the national plant
quarantine agency. Act No. 6696, May 13, 2002>
(8) Matters necessary for the report under paragraph (1) and the method and procedure, etc.
for inspections through an isolated cultivation under paragraph (7), shall be determined by the
Ordinance of the Ministry of Agriculture and Forestry. May 13, 2002>
Article 9-2 (Designation of Plant Inspection Places, etc.)
(1) The inspection by plant disinfection officials provided for in the main sentence of Article 9
(1) shall be performed in places designated by the head of the national plant quarantine agency
(hereinafter referred to as the "inspection places"). (2) Any person who intends to have a place designated as an inspection place shall have
facilities, etc. necessary to perform the inspection meeting the standards set by the Ordinance
of the Ministry of Agriculture and Forestry.
(3) Necessary matters concerning procedures for designation referred to in paragraph (1) shall
be prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
(4) Any person who has had a place designated as an inspection place shall manage such
inspection place under the conditions as prescribed by the Ordinance of the Ministry of
Agriculture and Forestry.
(5) Any designated storage area provided for in Article 169 of the Customs Act and any
customs-inspection place provided for in Article 173 of the same Act shall be deemed to have
received a designation of inspection place.
[This Article Newly Inserted by Act No. 7136, Jan. 29, 2004]
Article 9-3 (Revocation of Designation of Inspection Place, etc.)
(1) The head of the national plant quarantine agency may, in the cases where falling under any
of the following subparagraphs, order any person who has had a place designated as an
inspection place to take correctional measures:
1.Where his inspection place fails to meet the designation requirements provided for in Article
9-2 (2); and
2.Where he fails to adhere to the management standards provided for in Article 9-2 (4).
(2) The head of the national plant quarantine agency may, in the cases where falling under any
of the following subparagraphs, revoke the designation of inspection place: Provided, That in
the case of subparagraph 1, the designation shall be revoked:
1.Where any person has had his inspection place designated by means of falsity and illegality;
2.Where any person has failed to execute an order given to take correctional measures under
paragraph (1); and
3.Where any inspection place is no longer needed to be maintained on the grounds of a
decrease in the import of plants, etc. and for other reasons.
[This Article Newly Inserted by Act No. 7136, Jan. 29, 2004]
Article 10 (Measures such as Disinfection and Disposal, and Certificate of Passing Inspection)
(1) In case where it falls under any of the following subparagraphs as a result of the inspection
under Article 9 (1) or (3), the plant disinfection official shall order the owner of relevant
plants, etc. or prohibited items or his agent to dispose of or return them under the conditions as
prescribed by the Ordinance of the Ministry of Agriculture and Forestry:
1.Where the certificate of inspection issued by a government agency of the exporting state
under the main sentence of Article 6 (1), or its copy, has not been attached; 2.Where having violated the import restrictions under Article 6 (4) or (5);
3.Where having imported the prohibited items in contravention of Article 7 (1);
4.Where having imported the prohibited items without obtaining a permit under Article 7 (2) 1;
and
5.Where having imported the prohibited items in contravention of Article 7 (2) 2 or 3.
(2) In case where it falls under any of the following subparagraphs as a result of the inspection
under Article 9 (5) and (6), the plant disinfection official shall order the owner of relevant
plants, etc. or prohibited items or his agent to dispose of or return them under the conditions as
prescribed by the Ordinance of the Ministry of Agriculture and Forestry:
1.Where having violated the import restrictions under Article 6 (4) or (5);
2.Where having imported the prohibited items in contravention of Article 7 (1);
3.Where having imported the prohibited items without obtaining a permit under Article 7 (2) 1;
and
4.Where having imported the prohibited items in contravention of Article 7 (2) 2 or 3.
(3) Plant disinfection officials shall order the owner or his agent to dispose of or return the
plants, etc. or the prohibited items falling under any of the following subparagraphs under the
conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry:

1.The plants, etc. or the prohibited items that have been imported through other place than the
quarantine place in violation of Article 6 (2);
2.The plants, etc. or the prohibited items that have failed to undergo their inspection provided
for in Article 9 (1) or have undergone their inspection by means of falsity and illegality; and
3.The plants, etc. or the prohibited items that have failed to undergo their inspection provided
for in Article 9 (6) or have undergone their inspection by means of falsity or illegality.
(4) In case where any control pests or diseases have been detected as a result of the inspection
under Article 9 (1), (3), (5) through (7), the plant disinfection official shall order the owner of
relevant plants, etc. or prohibited items from which the control pests or diseases have been
detected, or his agent to disinfect, dispose of or return them according to the details of
disposition decided upon as a result of analysis of risks from the pests or diseases. In case
where any temporary control pests or diseases have been detected, the said official may order
the owner of relevant plants, etc. or prohibited items from which the control pests or diseases
have been detected, or his agent to disinfect, dispose of, or return them. 7136, Jan. 29, 2004>
(5) Notwithstanding the provisions of paragraphs (1) through (4), the plant disinfection
official may disinfect or dispose of the plants, etc. or prohibited items by himself, in case
where they fall under any of the following subparagraphs:
1.Where it is judged to be efficient if the plant disinfection official deals directly with the
plants, etc. or prohibited items which are imported in a small quantity as a postal matter or as a
hand luggage, and a consent has been obtained from the relevant owner or his agent; 2.Where the owner or his agent subjected to the order under paragraphs (1) through (4) fails to
comply with such order, not later than the period specified by the Ordinance of the Ministry of
Agriculture and Forestry; and
3.Where it is impossible to issue an order under paragraphs (1) through (4) due to the reasons
that the owner or his agent is obscure or his whereabouts is unknown.
(6) No claims for the compensation shall be filed against the quality damages, harmful effects
of medicines, and other damages equivalent thereto, which have been incurred by any
disinfection or disposal by an order of the plant disinfection official under paragraphs (1)
through (5), or by his own direct execution under an adequate performance of duties.
(7) In case where the plant disinfection official disinfects or disposes of the plants, etc. or
prohibited items by himself under paragraph (5), he may claim the expenses required therefor
to the relevant owner or his agent.
(8) The plant disinfection official shall issue a certificate of passing the inspection for the
plants, etc. which are not in contravention of Article 6 (1), (4) and (5), or 7, or which are
deemed to be not stuck with any control pests or diseases and temporary control pests or
diseases, as the results of inspections under Article 9 (1), (3), (5) through (7): Provided, That
he shall issue the certificate of passing the inspection for the plants, etc. imported as a hand
luggage only in the case where there exists any request from the importer. No. 7136, Jan. 29, 2004>
(9) Matters necessary for the claims for expenses for the disinfection or disposal under
paragraph (7), and for the issuance of a certificate of passing the inspection under paragraph
(8), shall be specified by the Ordinance of the Ministry of Agriculture and Forestry.
[This Article Wholly Amended by Act No. 6696, May 13, 2002]