1. Purpose: To contribute to public health and happiness through prevention of harmful drinking and alcohol-related harms by
controlling the environment of alcohol consumption (Article 1)
2. Establish Comprehensive National Alcohol Policy Plan: The Chairman of National Alcohol Policy Committee shall establish basic plan for National Alcohol Policy Review and Updating every 5 years (Articles 6 and 7)
3. Establish National Alcohol Policy Committee: Establish National Alcohol Policy Committee under the President (Article 7) 4. Alcohol epidemiology and policy impact assessment: The Chairman of National Alcohol Policy Committee shall conduct assessment every 3 years for effective performance of comprehensive plan and implementation plan (Article 9).
5. Introduction of prior permit and liquor license system instead of current unlicensed ¡°reporting¡± system: change to liquor license and prior permit system (Article 11)
6. Designation of permitted places for drinking: limit to licensed premises for sale, private residential areas and lands / prohibit drinking in public places, in front of retail stores (i.e., convenience store, supermarket), streets and parks, etc. (Article 12)
7. Minimum legal drinking age: change from 19 (on January 1) to 20 (on date of birth) (Article 13)
8. Limits on hours of alcohol sale: Prohibit sale of liquor from 12 Midnight to 09 a.m. (Article 14)
9. Prohibition on delivery of liquor: Alcoholic beverages shall not be delivered to private individuals through any means, including mail or sold by electronic sales, phones or computers (Article 15)
10. Education of workers in alcohol-related jobs or businesses: mandatory education of licensed employers and workers on the selling of liquor (Article 16)
11. Education and campaigns for moderation of drinking: mandatory education and campaigns for moderate drinking (or education and campaigns for prevention of drinking) implemented by national and local governments and schools at all levels (Article 19)
12. Change in state tax system from ad valorem taxes to specific unit taxes: impose a basic tax of 50 won per 1 gram of alcohol (Articles 20, 21)
13. Establish of a designated alcohol tax fund (for alcohol harms prevention and treatment): impose 20 won per 1 gram of alcohol (Articles 22 and 23)
14. Minimum alcohol pricing: implement policy for minimum retail price of standard drink (12g of alcohol) to be at least 1,000 won or higher (Article 24)
15. Establish standards for driving under the influence of alcohol (DUI), regulation and follow-up measures: reduce blood alcohol content limit from 0.05 to 0.03 (Article 25)
16. Establish basis for prevention of harmful use of alcohol: provide service to protect and support indirect victims of alcohol such as pregnant mothers or sexual violence, measures to prevent and reduce disruption of public order caused by alcohol users or consumers, etc. (Article 26)
17. System to prevent harmful drinking: crackdown on violence committed under the influence of alcohol, care services for intoxicated persons, prohibit alcohol sales to intoxicated persons, etc. (Article 26)
18. Establish measures for alcohol-dependent persons: provide support for the community level treatment programs and facilities and rehabilitation agencies to facilitate early detection and treatment, as well as program development and education to minimize the emotional and economic damage to the family of alcohol-dependent persons (Article 27)
19. Training for alcohol policy enforcement professionals: train specific professionals with information and skills necessary for the enforcement of comprehensive alcohol policy plan implementation (Article 28)
20. Investigation and research: perform investigation and research necessary for the enforcement of comprehensive alcohol policy plan implementation (Article 29)
National Alcohol Policy Act
Chapter 1 General Provisions
Article 1: Purpose
The purpose of this Act is to contribute to public health and happiness through prevention of harmful drinking and the alcohol-related harms by controlling the environment of alcohol consumption so that the people may live in a safer environment.
Article 2: Basic Principles
The basic principle of this Act is to respect and ensure the basic rights of the people to live in an environment safer from direct and indirect harms of alcohol.
Article 3: Definitions
The definitions of the terms used in this Act are as follows:
1. "Liquor" is as defined under the Liquor Tax Law.
2. ¡°Liquor advertisement¡± is the advertisement of alcoholic beverages under the Liquor Tax Law.
3. ¡°Marketing of liquor¡± any act to promote the sale of alcohol by offering gifts, sponsoring events and providing discounts pursuant to the sale of alcohol under Korean Liquor Laws.
4. ¡°License for sale of liquor¡± is the permit exclusively for the right to sell alcoholic beverages granted to the distributors of liquor pursuant to Article 8 of the Liquor Tax Law.
5. ¡°Standard drink¡± is the amount of any beverage that contains 12g of pure alcohol.
6. ¡°DUI¡± is driving with over 0.03% of blood alcohol content in violation of Article 44-1 of the Road Traffic Act. (as opposed to the current 0.05% BAC)
7. ¡°Harmful drinking¡± is drinking with physical, psychological, social and financial consequences that are harmful not only to the drinker, but also to others including family members and third parties.
8. ¡°Alcohol-related harms¡± is all types of negative consequences that may result from drinking, which range from alcohol use disorder, alcohol-related physical illness and accidents on a personal level and indirect harmful effects of alcohol on non-drinkers and the society.
9. ¡°Alcohol use disorder¡± is a type of mental disorder that needs treatment for alcohol abuse and dependency, for being unable to control drinking habits due to excessive and dangerous drinking patterns.
10. ¡°Second hand effects of alcohol¡± are damages experienced by people around drinkers due to accidents, DUI, domestic violence and sexual violence that occur under the influence of alcohol.
11. ¡°Violence committed under the influence of alcohol¡± is a social crime of committing violence or threats against good citizens, such as stores or local residents under the influence of alcohol.
12. ¡°Minimum drinking age¡± is the legal age allowed to purchase or drink alcoholic beverages, pursuant of the Liquor Tax Law.
Article 4: Responsibility
i. Na tional and local governments shall establish legal and institutional devices to control alcohol consumption in preventing harmful drinking and alcohol-related damages, so as to ensure the public health and provide a safe environment.
ii. All citizens shall put forth efforts to improve the health of oneself and one's family and willingly and freely participate in the activities and policy enforced by national and local governments to prevent harmful drinking and alcohol-related harms.
Article 5: Relationships to other laws
Any enactment or amendment of law related to the National Alcohol Policy shall conform to this Act.
Chapter 2: National Alcohol Policy Committee
Article 6: Establish National Comprehensive Alcohol Policy Plan
i. The Chairman of National Alcohol Policy Committee shall establish National Comprehensive Alcohol Policy Plan (hereinafter "Comprehensive Plan") every 5 years upon review of National Alcohol Policy Committee in accordance with Article 7. In such case, the Chairman shall consult in advance with the head of the relevant central administrative agency
ii. Matters to be included in the Comprehensive Plan are as follows:
1. Basic goals and direction for implementation
2. Key initiatives and implementation methods
3. Management of personnel and financing measures for the Comprehensive Plan
4. Promotional system for Comprehensive Plans
5. Management of alcohol harms reduction and educational tax funds, in accordance with Article 22
6. Management of alcohol-related statistics and information
7. Other necessary matters
Article 6-2: Establishment of Action Plan
i. Minister of Health and Welfare, the head of the relevant central administrative agency and governor of major cities or provinces (hereinafter "governor of city or province") and mayor shall establish and implement a major action plan for their applicable jurisdiction based on the Comprehensive Plan (hereinafter the "Action Plan").
ii. Establish the Action Plan in workplaces and schools.
iii. The national government may provide support to local governments for the entire or partial cost necessary to implement the Action Plan.
Article 6-3: Cooperation for Establishment of Plan
i. Minister of Health and Welfare, the head of the relevant central administrative agency and governor of major cities or province may request for cooperation and provision of data to other relevant organizations, as needed for the establishment and implementation of the Comprehensive Plan and the Action Plan.
ii. Relevant organizations that receive requests for cooperation pursuant to Section 1 above shall comply with such requests, unless there is a special legitimate reason to do otherwise.
Article 7: Establishment of National Alcohol Policy Committee
i. Create a National Alcohol Policy Committee (hereinafter the "Committee") under the President of Korea, for the establishment of National Comprehensive Alcohol Policy Plan and review of major considerations.
ii. The Committee shall establish and review the following matters.
1. The National Comprehensive Alcohol Policy Plan
2. The Yearly Management Plan, settlement of accounts and evaluation of the alcohol tax fund, pursuant to Article 22
3. Matters relevant to the implementation of major alcohol policy, of which a review is requested by the head of the relevant central administrative agency
4. Results of alcohol epidemiology and policy impact assessment
5. Other matters addressed for review by the Chairman
Article 7-2: Composition and Management of the Committee
i. The Committee shall be composed of no more than 12 members including 1 Chairman and 2 Vice Chairmen (for when the Chairman is not present).
ii. The Prime Minister shall serve as the Chairman, the Minister of Health and Welfare shall serve as the first Vice Chairman, and an appointed member who is not a civil servant shall serve as the second Vice Chairman.
iii. Minister of Strategy and Finance, Minister of Education, Minister of Security Administration, Minister of Land, Infrastructure and Transport, Minister of Justice, Minister of Culture and Tourism, Minister of Employment and Labor and Minister of Women and Family shall be ex officio members.
iv. Private members with various knowledge and experience dealing with the harmful effects of alcohol and policies shall be appointed by the President upon recommendation by the Prime Minister .
v. Other matters necessary for the composition and management of the Committee shall be determined by Presidential Decree.
Article 8: Duties of the Chairman and Meetings
i. The Chairman shall represent the Committee and mange general affairs of the Committee.
ii. In case the Chair is unable to perform its duties due to unavoidable circumstances, the first Vice Chairman shall perform the duties in place of the Chairman.
iii. In case the Chairman and the first Vice Chairman are unable to perform the duties due to unavoidable circumstances, the second Vice Chairman shall perform the duties.
iv. The current acting Chairman shall convene meetings for the Committee and act as the Chair of each meeting.
v. The meetings for the Committee shall require the presence of majority of registered members, and the resolution of meetings shall require the affirmative vote by a majority of members present at the meeting.
Article 9: Alcohol Epidemiology and Policy Impact Assessment
i. For effective implementation of the Comprehensive and Enforcement Plans, the Chairman of the Committee shall conduct alcohol epidemiology and policy impact assessments every 3 years and reflect the results in the formation of updated Comprehensive and Enforcement plans.
ii. The Chairman of National the Committee shall include the following items to be used as sources for basic data necessary for effective implementation of the Comprehensive Alcohol Policy Plan formation and updating.
1. Surveys on alcohol consumption and drinking behavior;
2. Current Statistics on Alcohol-related Illnesses and Deaths;
3. Harmful and indirectly damaging effects of alcohol;
4. Use of treatment and rehabilitation services for persons with alcohol use disorder and those otherwise damaged directly or indirectly by alcohol use and abuse;
5. Socioeconomic costs, including estimated lost of productivity;
6. Other important factors affecting the results of items 1-5 above; and
7. Other matters necessary to evaluate the effectiveness of the current alcohol policy.
iii. The Chairman of National Alcohol Policy Committee may ask for relevant materials, if necessary, for the assessment pursuant to Section 1, from the heads of the relevant central administrative agencies, heads of local governments, heads of public institutions, pursuant to the Act, and for the Operation of Public Institutions or from heads of other relevant corporations and/or organizations. In such case, the person or persons who receive such requests shall provide the requested materials, unless there is a just and legitimate cause to do otherwise.
iv. Other matters necessary for assessment pursuant to Section 1 shall be determined by a Presidential Decree.
Article 10: National Assembly Report
The Chairman of the National Alcohol Policy Committee shall submit to the National Assembly a report on the establishment and implementation of the Comprehensive Alcohol Policy plan, with the opinion of the Committee, and publicly announce the matter every 3 years.
Chapter 3: Control and Education on Alcohol
Article 11: Liquor Licenses
i. A person who intends to engage in sale of alcoholic beverages (including brokerage and hospitality businesses) shall obtain prior authorization for their license, issued by the appropriate tax officer, after meeting the standards for their facility and any and all other requirements for each type of liquor sales business determined by the Presidential Decree, based on Article 8-1 of the Liquor Tax Law.
ii. The types of liquor sales businesses, pursuant to Section 1, shall be determined by the Presidential Decree.
iii. Any person intending to engage in sale of alcoholic beverages, as follows, shall obtain prior authorization for a liquor sales business license (hereinafter the "liquor sales business license") from the appropriate tax officer.
Those Affected:
1. A person who engages in the sale of alcoholic beverages in authorized places for business pursuant to the Food Sanitation Act
2. A person whose main business is not the sale of alcoholic beverages as determined by the Presidential Decree
iv. Conditions to obtain the liquor sales business license, pursuant to Section 3, shall be determined by the Presidential Decree.
Article 12: Permitted Places for Drinking
i. Drinking shall be permitted only in premises of business with a current liquor sales business license among the authorized places for business, pursuant to the Food Sanitation Act.
ii. Drinking shall be prohibited in businesses, other than the licensed places in Section 1, and also in public places, (such as public parks, on hills and in fields, on roads, in front of liquor retail stores) other than in restaurants or in front of convenience stores (except in residences and on private lands).
Article 13: Minimum Drinking Age
i. Legal age for purchasing and drinking alcohol shall be 20 (from the date of birth).
ii. The age of all liquor purchasers shall be checked in liquor stores .
iii. Specific penalties and a system for checking for violations shall be determined by the Presidential Decree.
Article 14: Limits on Hours of Alcohol Sales
Sale of liquor from 12 Midnight to 09 a.m. shall be prohibited regardless of business hours.
Article 15: Prohibition of Alcohol Delivery
Alcoholic beverages shall not be delivered to private individuals through any means, including mail nor paid for by electronic, phone or computer sales.
Article 16: Education of Workers in Alcohol-related Sectors
i. Employers and workers of business with the liquor sales business license shall attend the following training for a prescribed amount of time.
1. Training for responsible service
2. Training for sales of alcoholic beverages
ii. Contents, methods and hours of training and penalties for violation shall be determined by a Presidential Decree.
Article 17: Prohibition on Advertisements
i. The Chairman of the Committee shall order any person, company or business which has distributed misleading advertisement on the effects of alcohol on public health to change the content of the advertisement or prohibit the use of such advertisement.
ii. The Chairman of the Committee shall request for correction, pursuant to applicable laws, in the case of any advertizing commercial, reviewed by the Broadcasting Committee pursuant to the Broadcasting Act and Comprehensive Cable Broadcasting Committee pursuant to the Comprehensive Cable Broadcasting Act falls under Section 1.
iii. The standards for content of advertisements, changes thereof or procedures for prohibition and other necessary matters shall be determined by the Presidential Decree.
iv. The Chairman of National Alcohol Policy Committee may ask the Minister of Culture, Sports and Tourism to impose corrective measures on foreign importers of advertisements in violation of Article 19 Section 7.
Article 18: Prohibition on Offering Gifts to Promote Liquor Sales
Manufacturers, importers and wholesalers of alcohol shall not offer gifts to retailers to promote the sale of alcoholic beverages or engage in other similar acts, as determined by the Presidential Decree.
Article 19: Education and Campaign for Moderation of Drinking
i. National and local governments shall educate and inform the public that excessive drinking is harmful to individual, family and social health.
ii. National and local governments shall produce and distribute educational and informative materials pursuant to Section 1.
iii. National and local governments shall implement alcohol abuse and harms prevention education, monitoring on prohibition of liquor sales pursuant to Article 26 of the Juvenile Protection Act and during community activities in various places, including schools in order to prevent underage drinking.
iv. The head of each school shall implement alcohol prevention education and provide a supportive environment pursuant to
Article 2 of the Higher Education Act.
v. Each ministry and local government shall conduct training and promotion appropriate for each department in order to prevent and reduce the harmful effects of alcohol.
vi. National and local governments may and should provide support to corporations or organizations engaging in alcohol epidemiology and policy impact assessment and studies.
vii. Any person with a license to manufacture alcoholic beverages or who engages in importing and selling alcoholic beverages, in accordance with the Liquor Tax Law, shall include a warning label stating that excessive drinking is harmful to health on every container of alcohol for sale, as determined by the Presidential Decree.
viii. Necessary matters for contents and methods of warning labels, pursuant to Section 4, shall be determined by a Presidential Decree.
chapter 4: Pricing of Alcoholic Beverages and Imposition of Taxes
Article 20: Standard of Taxation
i. The amount of ethanol shipped from breweries or the quantity thereof reported for import shall be the standard of taxation for the imposition of state liquor tax.
ii. The standard taxation for state taxes on alcoholic beverages, other than ethanol, shall be the alcohol content per unit used for shipping, if the liquor is shipped from domestic breweries and alcohol content per unit used on import declarations, if the liquor is imported.
Article 21: Tax Rate
i. The tax rate for ethanol shall be 57 thousand won (add 600 won per each 1 % of alcoholic content that exceeds 95 %) per 1 kg of pure alcohol.
ii. The tax rate for alcoholic beverages other than ethanol shall be 40 won per 1g of alcohol.
iii. The tax rate for traditional Korean liquor shall be the amount recorded for shipping, discounted by an amount to be determined by Presidential Decree. The tax rate for imported liquor shall be determined by the Presidential Decree.
Article 22: Establishment of an Alcohol Fund
i. The Committee shall establish an Alcohol Fund (hereinafter the "Fund") in order to finance programs and educational efforts to reduce harmful drinking of alcohol and to secure necessary resources to facilitate the promotion of alcohol-related harms prevention projects.
ii. The Fund shall be financed by the following items.
1. Contributions pursuant to Article 22 Section 1
2. Proceeds from the investment management of the Fund
Article 23: Imposition and Collection of the Fund
i. The Committee shall impose and collect 20 won per 1g of alcohol for all alcoholic beverages for the Fund.
ii. Manufacturers shall submit to the Committee the monthly data of the amount of liquor exported from breweries or bonded areas and calculate the amount for the Fund by the 15th day of the following month.
iii. The Chairman of the Committee shall send a notice for payment to the manufacturer stating the amount to be received by the Fund and the due date for the payment within 5 days of receiving the data pursuant to Section 2.
iv. Manufacturers shall make payments by the last day of the month in which the notice of payment is received pursuant to
Section 3.
v. The Chairman of the Committee shall demand the payment by giving an extension for 30 days or more if the person owing a contribution fails to pay the Fund within the due date pursuant to Section 4. In such a case, 10% of the overdue contribution shall be imposed as additional charges for each month overdue.
vi. In case the person who received the demand for payment pursuant to Section 5 fails to make payments within the prescribed period, the Chairman of the Committee shall collect the Fund and additional charges in accordance to the disposition of delinquent taxes.
Article 24: Minimum Alcohol Pricing
The Chairman of the Committee shall enforce the policy to set the minimum retail price of a standard drink (12g of alcohol) to be a minimum of 1,000 won higher than current charges, in order to discourage harmful drinking.
Chapter 5 Prevention and Treatment of Alcohol-Related Harms
Article 25: Prohibition on DUI
i. Any person under the influence of alcohol shall not drive any vehicle (including any construction machinery other than the construction machinery according to the provision in Article 26-1 of the Construction Machinery Management Act Article 26).
ii. Police officers (excluding local police officers) may use breathalyzers to estimate blood alcohol content of drivers, if it is deemed necessary for traffic safety and the prevention of danger or there is a reasonable cause to believe that the driver is under the influence of alcohol in violation of Section 1. In such a case, the driver shall comply with the police officer's use of breathalyzer.
iii. In case the driver disagrees with the estimated blood alcohol content pursuant to Section 2, blood samples may be used with the consent of the driver for additional estimate of blood alcohol content.
iv. The standard for DUI pursuant to Section 1 shall be blood alcohol content of 0.03% or more.
v. National and local governments shall take necessary measures in education, regulation and enforcement and creation of safe environment to prevent DUI and reduce the harms resulting therefrom. The details of the frequency of using breathalyzers and penalties thereof shall be determined by the Presidential Decree.
Article 26: Prevention of Alcohol-Related Violence
i. National and local governments shall provide services to protect and support indirect victims of alcohol such as sexual violence, domestic violence and child abuse.
ii. National and local governments shall take necessary measures for the treatment and protection of persons under the influence of alcohol in order to prevent and reduce the incidents of disruption of public order or noise and violence resulting from drinking.
iii. Sale of liquor to intoxicated persons shall be prohibited.
iv. Treat perpetrators of violent crimes under the influence of alcohol the same as perpetrators of general violent crimes.
Specific details and penalties for Sections 1-4 shall be determined by the Presidential Decree.
Article 27: Treatment and Rehabilitation of Alcohol-Dependent Persons
i. National and local governments may and should provide support to community level treatment and rehabilitation agencies, in order to provide necessary services for early detection of alcohol-dependent persons and their treatment, rehabilitation and social reintegration.
ii. National and local governments may and should provide program development and enforcement, education and protection services to minimize the emotional and economic damages to the family of alcohol-dependent persons.
iii. Specific details for Sections 1 and 2 shall be determined by the Presidential Decree.
Chapter 6: Creation of Supportive Environment
Article 28: Training of Professionals
i. National and local governments shall train professionals necessary to carry out the Comprehensive Alcohol Policy Plan.
ii. The Chairman of the Committee or governors of city or province may designate and manage universities or research centers with appropriate personnel and facilities as institutions for training professionals to carry out the Alcohol Policy pursuant to Section 1 and in accordance with the Presidential Decree.
iii. The Chairman of the Committee may designate funds for the entire or partial financial support, within the budget, of the expenses necessary to manage the institutions and/or programs for training professionals pursuant to Section 2.
iv. Other matters necessary for the designation and management of the institution for training professionals pursuant to Section 2 shall be determined by the Presidential Decree.
Article 29: Investigation and Research
i. National and local governments shall conduct investigation and research necessary to implement the Comprehensive Alcohol Policy Plan.
ii. The National government may establish a National Research Center in order to facilitate the investigation and research pursuant to Section 1.
iii. National and local governments may place organizations, determined by the Presidential Decree as universities or research centers, in charge of the investigation and research pursuant to Section 1.
Article 30: Participation of the Private Sector
National and local governments shall create the environment needed to facilitate the participation of the private sector in effective implementation of the National Comprehensive Alcohol Policy Plan.
Article 31: Active International Relations
National and local governments shall stimulate international relations by participating in international organizations and meetings relevant to the Alcohol Policy and by promoting projects for international cooperation, such as information exchange and joint research.
Chapter 7: Supplementary Rules
Article 32: Confidentiality
Any person engaging or engaged in the business related to the Comprehensive Alcohol Policy Plan in accordance with this Act shall not disclose to any other person any confidential information obtained during the course of one's work.
Article 33: Delegation of Authority
i. The Chairman of the Committee may delegate a part of its authority, under this Act, to a mayor of any city or governor of any province in accordance with the Presidential Decree.
ii. The Chairman of the Committee may delegate a part of its duties under this Act to any organization or corporation related to the Comprehensive Alcohol Policy Plan in accordance with the Presidential Decree.
Article 34: Review of Reports and Books
i. If deemed necessary for the enforcement of this Act, manufacturers of liquor, import dealers, wholesalers and retailers may have to submit a business report to the Minister of Strategy and Finance, governors of city and province, and mayors, respectively.
ii. The staff of the Minister of Strategy and Finance, governors of city and province, and mayors may check or review the books and documents of the manufacturers of liquor, import dealers, and wholesalers and retailers, respectively.
iii. The checking or reviewing staff pursuant to Section 2 shall possess and show a certificate indicating the authorized permission and training to perform such actions.
chapter 8: Penalties
Article 35: Penalty
A person who discloses confidential information, in violation of Article 32, shall be punished by maximum 2 years of imprisonment or maximum fine of 10 million won.
Article 36: Penalty
Any person, institution or company falling under any of the following items shall be punished by maximum 1 year of imprisonment or maximum fine of 10 million won.
1. Any person who engages in the sale of liquor without a liquor license in violation of Article 11 Sections 1, 2 and 3;
2. Any liquor seller who engages in the sale of liquor through mail or any electronic transaction, in violation of Article 15;
3. Any person, institution or company who engages in import and sale of liquor without obtaining the permit, in violation of Article 11 Section 1;
4. Any person, institution or company who fails to comply with the orders or measures for correction of activities, such as removal of advertisements pursuant to Article 17 Section 1;
5. Any person, institution or company who fails to comply with the orders or measures for correction of activities, including restrictions on import or sale of liquor pursuant to Article 17 Section 4;
6. Any person, institution or company who offered gifts in violation of Article 18;
7. Any person, institution or company who manufactures or imports liquor without a warning label pursuant to Article 19 Section 7 or with a warning label in violation thereof.
Supplementary Provision
his Act shall become effective within 6 months post promulgation. |