Government legislation ministry says ASF compensation cuts are not mandatory

The Ministry of Government Legislation said Tuesday that administrative agencies are not required to automatically reduce compensation payments for farms where livestock infected with African swine fever or other contagious diseases are discovered. The interpretation clarifies that while regulations allow for payment reductions, the decision remains discretionary based on comprehensive circumstances rather than a mandatory penalty.

The ruling addresses a query from the agriculture ministry regarding whether farms identified with infections under the Livestock Infectious Disease Prevention Act must face reduced compensation. Officials explained that relevant legal provisions use permissive language stating authorities "may" reduce payments, indicating the measure is a discretionary tool rather than an automatic punishment.

Officials noted that applying reduction criteria uniformly regardless of a farm's fault would contradict legislative intent. Because compensation reductions restrict property rights, they must be interpreted strictly and applied only after considering all circumstances. The ministry rejected arguments that the enforcement decree's specific reduction figure for ASF cases creates a binding obligation, noting that separate provisions exist to mitigate penalties for farmers who report early or demonstrate diligent efforts.

The clarification comes as South Korea manages its first African swine fever case of 2026, confirmed on Jan. 17 at a pig farm in Gangneung, Gangwon Province. Authorities ordered the culling of 20,150 pigs at the site and issued a 48-hour movement ban on livestock farms across six cities and counties, including Gangneung, Yangyang, Hongcheon, Donghae, Jeongseon, and Pyeongchang, to prevent further spread.

Kim Jong-gu, vice minister of agriculture, urged local officials to thoroughly inspect disinfection protocols and blockading measures at major roads and farm entrances given that this was the first occurrence in the Gangneung area. He stressed the need to identify any gaps in management to prevent additional outbreaks in the region.