1. Reason for Enactment
As the Act on Promotion for the Green Biological Industry has been enacted (Law No. 19874; promulgated on January 2, 2024; effective from January 3, 2025) with provisions for the preparation of a foundation to support the green biological industry integrally and systematically in order to generate added values in agricultural and agriculture-related front/rear industries with the application of biotechnology in agricultural life resources, etc., the enforcement decree aims to establish the matters delegated by the Act and the matters necessary for the enforcement of such matters, including the expansion of the scope of the green biological industry, the establishment of the scope of fact-finding research, the operation of the reporting system for green bio enterprises, and establishment of the procedures required for designating the green biological industry promotion zones.
2. Main contents
A. Scope of the green biological industry (Article 2 of the draft)
The Enforcement Decree adds “veterinary drugs” to the scope of the green biological industry.
B. Establishment of master plan (Article 3 of the draft)
1) The Enforcement Decree prescribes minor matters that do not require consultation when modifying the master plan.
2) The Enforcement Decree prescribes that the Minister of Agriculture, Food and Rural Affairs shall establish a 5-year master plan to support the green biological industry by June 30 of the year before the start of the next 5-year cycle, and shall establish an enforcement plan to support the green biological industry by November 30 of the year before the enforcement year.
3) The Enforcement Decree prescribes the matters to be included in the enforcement plan to promote the green biological industry, including evaluation of the performance of the year’s enforcement plan, the direction and goal of implementing the projects, the contents of the main projects, and the implementation plan, etc.
C. Scope of fact-finding research (Article 4 of the draft)
The Enforcement Decree prescribes the matters to be included in fact-finding research, such as the situation of each area of the green biological industry, the general/management situation of green biological enterprises, the status of production, and the status of R&D, as well as the cycle and methods for conducting such investigations.
D. Report of a green biological enterprise (Article 5 of the draft)
1) A person who intends to report a green biological enterprise shall submit a report of the green biological enterprise concerned and the necessary documents.
2) The Enforcement Decree prescribes the matters requiring reports on modification by green biological enterprises.
E. Designation of dedicated institutions (Article 6 of the draft)
The Enforcement Decree prescribes the criteria for designating dedicated institutions and the submission of documents proving compliance with these criteria.
F. Designation of institutions for fostering personnel specializing (Article 7 of the draft)
1) The Enforcement Decree prescribes the criteria for designating institutions for fostering personnel specializing and the submission of documents proving compliance with these criteria.
2) The Enforcement Decree stipulates the expenses that may be supported for education and training of institutions for fostering personnel specializing.
G. Designation of green biological industry promotion zone, etc. (Article 8 of the draft)
1) If required for the designation of green biological industry promotion zone, the Mayor/Do Governor concerned may be requested to supplement the promotion zone construction plan or submit additional related data.
2) If the designation of promotion zone is revoked, the Enforcement Decree prescribes that it shall be announced in an official gazette and the corresponding Mayor/Do Governor concerned will be informed thereof.