Law Viewer

Back Home

ACT ON THE DEVELOPMENT, MANAGEMENT, ETC. OF MARINAS

Act No. 9778, jun. 9, 2009

Amended by Act No. 10272, Apr. 15, 2010

Act No. 10331, May 31, 2010

Act No. 10599, Apr. 14, 2011

Act No. 10628, May 18, 2011

Act No. 10892, Jul. 21, 2011

Act No. 11582, Dec. 18, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12248, Jan. 14, 2014

Act No. 12738, jun. 3, 2014

Act No. 12998, Jan. 6, 2015

Act No. 13185, Feb. 3, 2015

Act No. 13413, Jul. 20, 2015

Act No. 13805, Jan. 19, 2016

Act No. 14480, Dec. 27, 2016

Act No. 14476, Dec. 27, 2016

Act No. 14506, Dec. 27, 2016

Act No. 14730, Mar. 21, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to provide for matters concerning the development and use of marinas and facilities related thereto and fosterage of marina-related industries in order to facilitate proliferation and promotion of marine sports and contribute to improvement of the quality of life of the people.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 12998, Jan. 6, 2015; Act No. 13185, Feb. 3, 2015; Act No. 14506, Dec. 27, 2016>
1. The term "marina" means any place determined and published as a marina zone pursuant to Article 10, in which facilities for the entry/departure and berthing of marina ships, embarkation and disembarkation of passengers, etc. and service facilities for the convenience of the users of such facilities, are provided;
2. The term "marina facilities" means the infrastructure and manufacturing facilities for the entry/departure and berthing of marina ships, embarkation and disembarkation of passengers, etc., such as anchoring facilities or moorings for marina ships, as well as service facilities and residential facilities (referring to residential facilities in marina zones excluding river zones to which the River Act applies or applies mutatis mutandis) for the convenience of the users of such infrastructure and manufacturing facilities, which are prescribed by Presidential Decree;
3. The term "marina ship" means ships (including boats and yachts) supplied and used for cruising, sports or recreation, which are prescribed by Presidential Decree;
4. The term "marina industry complex" means national industrial complexes, general industrial complexes, urban high-tech industrial complexes, and agro-industrial complexes under the Industrial Sites and Development Act, which are developed to efficiently promote relevant industries by developing and manufacturing marina-related products including research and development of industries and technologies related to marina facilities, marina ships, etc., fostering professional human resources, etc.;
5. The term "marina business" means a business renting marina ships, providing facilities necessary for berthing and mooring marina ships, or providing users of marina ships, etc. with goods or services.
 Article 3 (Relations with other Acts)
Special cases of regulations applicable to the development and use of marinas and facilities related thereto, fostering of relevant industries, etc. in this Act shall prevail over other Acts: Provided, That where other Acts have provisions more lenient than the special cases of the regulations in this Act, they shall prevail.
CHAPTER II MASTER PLAN FOR MARINAS
 Article 4 (Establishment, etc. of Master Plan)
(1) The Minister of Oceans and Fisheries shall establish a master plan for marinas (hereinafter referred to as "master plan") every 10 years through deliberation by the Central Harbor Policy Council (hereinafter referred to as the "Council") under Article 4 of the Harbor Act for the rational development and use of marinas. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall, when he/she intends to establish a master plan, consult with the heads of relevant administrative agencies of the central government, the relevant Special Metropolitan City Mayor, other Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, or the Special Self-Governing Province Governor (hereinafter referred to as "City Mayors/Do Governors"): Provided, That opinions submitted by the City Mayors/Do Governors in the course of consulting shall be accompanied by the opinions of the heads of relevant Sis, Guns or Gus (referring to the heads of autonomous Gu offices; hereinafter the same shall apply). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13413, Jul. 20, 2015>
(3) The matters in each of the following subparagraphs shall be included in master plans:
1. Matters concerning the long-to-mid-term policy directions for marinas;
2. Matters concerning the criteria for selecting marina zones, such as measures for siting marinas, development demand, etc.;
3. Matters concerning the designation, alteration and cancellation of marinas;
4. Matters concerning the fosterage of marina-related industries;
5. Other matters prescribed by Presidential Decree.
 Article 5 (Alteration, etc. of Master Plan)
(1) The Minister of Oceans and Fisheries shall examine the feasibility of master plans every five years and reflect the results thereof to the master plans. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Notwithstanding paragraph (1), the Minister of Oceans and Fisheries may, when he/she deems that the alteration of master plans is required or when he/she is requested by the heads of relevant administrative agencies of the central government and relevant Metropolitan City Mayors/Do Governors for the alteration of master plans, consider and alter the master plans. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Article 4 shall apply mutatis mutandis to alterations of master plans under paragraphs (1) and (2): Provided, That the same shall not apply to cases of changing minor matters prescribed by Presidential Decree.
 Article 6 (Publication, etc. of Master Plans)
The Minister of Oceans and Fisheries shall, when he/she formulates or alters a master plan pursuant to Articles 4 and 5, publish such fact as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 7 (Basic Survey)
(1) The Minister of Oceans and Fisheries shall, when he/she intends to formulate or alter a master plan pursuant to Articles 4 and 5, conduct a basic survey of natural and social settings necessary for the formation, development, etc. of marinas in advance. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may, if necessary to conduct a basic survey under paragraph (1), have public officials under his/her control enter and investigate other persons' land, fisheries, etc. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Any public official that enters other persons' land, fisheries, etc. pursuant to paragraph (2) shall carry along a certificate indicating his/her authority and produce it to relevant persons.
(4) Matters necessary for the details, methods, etc. of the basic survey under paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER III DEVELOPMENT OF MARINAS
 Article 8 (Formulation, etc. of Business Plans)
(1) The Minister of Oceans and Fisheries may, when he/she intends to implement a marina development project (hereinafter referred to as "development project"), formulate a business plan for the formation, development, etc. of the marina (hereinafter referred to as "business plan") directly or by inviting applications within the scope in compliance with the master plan. In such cases, he/she shall undergo consultations with the heads of relevant administrative agencies of the central government and Metropolitan City Mayors/Do Governors, and when he/she consults with the heads of relevant administrative agencies of the central government, he/she shall prepare an assessment report and undergo consultation pursuant to Article 16 of the Environmental Impact Assessment Act. <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013>
(2) The following matters shall be included in business plans: <Amended by Act No. 11690, Mar. 23, 2013>
1. Name of development project;
2. Development project area and the size thereof;
3. Plan for landscaping, environment preservation and disaster prevention;
4. Land use planning, transportation plan and green space planning;
5. A term of development project;
6. Financing plan;
7. Plan for the management and operation of marinas;
8. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) A local government or a person that falls under any of subparagraphs 2 and 4 through 7 of Article 9 (1) may propose a business plan to the Minister of Oceans and Fisheries, which is prepared including the matters in each subparagraph of paragraph (2) within the scope in compliance with the master plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13413, Jul. 20, 2015>
(4) When the Minister of Oceans and Fisheries receives a business plan proposal pursuant to paragraph (3), he/she may, if the business plan proposal satisfies conditions prescribed by Presidential Decree, such as compliance with a master plan and feasibility of financing plan, approve the business plan proposal pursuant to paragraph (5). In such cases, he/she shall undergo the consultation procedure under the latter part of paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(5) Necessary matters for the preparation of, invitation of public participation, proposal of and approval procedure of business plans, etc. under paragraphs (1), (3), and (4) shall be prescribed by Presidential Decree.
(6) The Minister of Oceans and Fisheries shall, when he/she formulates or approves a business plan, publish such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall apply to any amendments to business plans formulated or approved. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 9 (Designation, etc. of Project Implementers)
(1) The Minister of Oceans and Fisheries shall designate development project implementers (hereinafter referred to as a "project implementer") from among any of the following persons: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13413, Jul. 20, 2015>
1. The State or local governments;
2. Port authorities under the Port Authority Act;
3. Deleted; <by Act No. 10628, May 18, 2011>
4. Public institutions under the Act on the Management of Public Institutions, as prescribed by Presidential Decree;
5. Local public enterprises under the Local Public Enterprises Act;
6. Private investors meeting the qualifications prescribed by Presidential Decree, such as capital;
7. Corporations meeting such standards including capital requirements as prescribed by Presidential Decree, which are established by persons falling under any of subparagraphs 1, 2, and 4 through 6, by wholly or partially investing funds for the purpose of implementing development projects.
(2) Any person who have obtained approval pursuant to Article 8 (4) shall be deemed to have been designated as a project implementer.
(3) The Minister of Oceans and Fisheries may, when a project implementer falls under any of the following subparagraphs, replace the project implementer or cancel the designation thereof: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where the project implementer fails to apply for approval for an implementation plan under paragraph (1) of Article 13 during the period starting from the date on which he/she is designated as a project implementer pursuant to paragraph (1) through the deadline for application for approval under paragraph (5) of the same Article;
2. Where the project implementer fails to commence the relevant development project within one year after obtaining approval for an implementation plan under Article 13 (1);
3. Where approval for an implementation plan under Article 13 (1) is cancelled;
4. Where achieving the objectives of a development project is deemed difficult by reasons of any natural disaster, project implementer's bankruptcy or other causes prescribed by Presidential Decree (limited to cases where the continuation of projects is recognized to be impossible through deliberation by the Council).
(4) The Minister of Oceans and Fisheries shall, when he/she designates, replaces, or cancels project implementers pursuant to paragraphs (1) and (2) or paragraph (3), publish such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 10 (Designation, etc. of Marina Zones)
(1) The Minister of Oceans and Fisheries shall designate or change marina zones and publicly announce such designation or change in accordance with business plans that he/she formulated or approved pursuant to Article 8. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply mutatis mutandis to announcement. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13185, Feb. 3, 2015>
(2) The Minister of Oceans and Fisheries shall, when he/she intends to designate a marina zone pursuant to paragraph (1), undergo deliberation by the Council after consulting with the heads of relevant central administrative agencies and Metropolitan City Mayors/Do Governors. The same shall apply to the cases of changing designated marina zones: Provided, That the same shall not apply to cases of changing minor matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 11 (Cancellation of Designation of Marina Zones)
(1) The Minister of Oceans and Fisheries may, in cases falling under any of the following subparagraphs, wholly or partially cancel the designation of marina zones designated and announced pursuant to Article 10 (1): <Amended by Act No. 11690, Mar. 23, 2013>
1. Where a project implementer fails to apply for approval for an implementation plan during the period from the date on which the relevant marina zone is designated until the deadline of application for approval under Article 13 (5);
2. Where a project implementer fails to commence a development project within one year after obtaining approval for an implementation plan under Article 13 (1).
(2) The Minister of Oceans and Fisheries shall, when he/she has cancelled the designation of marina zones pursuant to paragraph (1), notify the relevant project implementers and the heads of relevant administrative agencies of such fact and publish such fact as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 12 (Restrictions on Acts, etc.)
(1) Any person that intends to conduct an act prescribed by Presidential Decree within an area designated and announced as a marina zone pursuant to Article 10, such as construction of buildings, installation of structures, change of form and quality of land, extraction of earth and rock, division of land, the act of heaping things, and capture and farming of aquatic animals and plans, etc. shall obtain the permission from the Minister of Oceans and Fisheries (limited to acts conducted in public waters managed by the Minister of Oceans and Fisheries under the Public Waters Management and Reclamation Act; hereafter the same shall apply in this Article), or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of Si/Gun/Gu, whoever has jurisdiction. The same shall apply to cases of changing permitted matters. <Amended by Act No. 10272, Apr. 15, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13413, Jul. 20, 2015>
(2) Notwithstanding paragraph (1), an act may be conducted without permission to take emergency measures as necessary to restore or control disaster.
(3) With respect to any act subject to permission pursuant to paragraph (1) and has been permitted, authorized or approved under relevant Acts and subordinate statutes at the time the relevant marina zone is designated and announced pursuant to Article 10 or any act that requires no permission, authorization, approval, etc. any person that has commenced such work or project may continue to perform such work or project after reporting such fact to the Minister of Oceans and Fisheries, or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of Si/Gun/Gu, whoever has jurisdiction, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13413, Jul. 20, 2015>
(4) The Minister of Oceans and Fisheries, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Gun/Gu, whoever has jurisdiction, may issue an order for reinstatement to any person that violates paragraph (1). In such cases, when the person who receives such order fails to carry out the duty, the Minister of Oceans and Fisheries, the Special Self-Governing City Mayor, or the Special Self-Governing Province Governor or the head of Si/Gun/Gu, whoever has jurisdiction, may execute the duty vicariously under the Administrative Vicarious Execution Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13413, Jul. 20, 2015>
(5) Except for the matters provided for in this Act, the provisions of Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to permission under paragraph (1).
(6) Where permission is obtained pursuant to paragraph (1), permission under Article 56 of the National Land Planning and Utilization Act shall be deemed to have been obtained.
 Article 13 (Formulation of, Approval for, etc. Implementation Plans)
(1) Where a project implementer intends to perform a development project, he/she shall prepare an implementation plan for the development plan (hereinafter referred to as "implementation plan") as prescribed by Presidential Decree and obtain the approval of the Minister of Oceans and Fisheries therefor. The same shall apply to cases of changing approved matters: Provided, That the same shall not apply to changes of minor matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) An implementation plan shall reflect the contents of the relevant business plan and the matters in each of the following subparagraphs shall be included therein:
1. The area covered by the implementation plan and the size thereof;
2. Plan of securing and using land and public waters for performing projects;
3. Financing plan and annual investment plan;
4. Plan for environment preservation and disaster prevention;
5. Other matters prescribed by Presidential Decree.
(3) The Minister of Oceans and Fisheries shall, when he/she intends to approve an implementation plan, listen to the opinions of competent Metropolitan City Mayors/Do Governors and the heads of competent Sis/Guns/Gus under the conditions prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The Minister of Oceans and Fisheries shall, when he/she approves an implementation plan, publish it in an official gazette as prescribed by Presidential Decree and serve the copies of relevant documents on competent Metropolitan City Mayors/Do Governors and the heads of competent Sis/Guns/Gus. In such cases, the Metropolitan City Mayors/Do Governors and the heads of any Sis/Guns/Gus that the copies of relevant documents are served shall allow public inspections of the copies of relevant documents to the general public for not less than 14 days. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The application for approval under paragraph (1) shall be made within two years from the date on which a project implementer is designated pursuant to Article 9: Provided, That such term may be extended only once within the scope of one year if any cause prescribed by Presidential Decree exists.
 Article 13-2 (Advance Payments)
(1) A project implementer may receive, from a person intending to be supplied with or use any land, building, or structure created by a development project, all or part of payments in advance, as prescribed by Presidential Decree.
(2) A project implementer (excluding State agencies or local governments) shall, in case of intending to receive all of part of payments in advance pursuant to paragraph (1), obtain approval from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14506, Dec. 27, 2016]
 Article 14 (Access, etc. to other Person's Land.)
(1) Any project implementer may, when necessary to carry out examinations and land surveying for the preparation of implementation plans, etc. or for the performance of development projects, enter land owned or occupied by other person, or temporarily use land owned or occupied by other persons as a material storage or a temporary passage or temporary road, and may, when particularly necessary, change or remove trees, earth, rocks or other obstacles in such land. In such cases, no land owner or occupier shall interfere with or refuse it without any justifiable reason.
(2) Any person that intends to enter other persons' land and any person that intends to temporarily use other persons' land or change or remove obstacles pursuant to paragraph (1) shall notify the relevant land owner or occupier of the personal information of persons to enter and temporarily use the land, time of entrance, purpose of entrance, etc. in writing prior to seven days and obtain the consent of the relevant land owner or occupier thereto: Provided, That where obtaining such consent is impossible by reason of the absence, unknown address, etc. of the relevant land owner or occupier, he/she shall enter the relevant land, obtaining the permission of the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu, whoever has jurisdiction. <Amended by Act No. 13413, Jul. 20, 2015>
(3) No person shall enter any housing site or other persons’ enclosed land without the permission of the relevant land owner or occupier before sunrise or after sunset.
(4) Any person that intends to enter other person’s land pursuant to paragraph (1) shall carry along a certificate indicating his/her authority and produce it to relevant persons.
(5) Any project implementer may enter or temporarily use public waters in marina zones. In such cases, no person that holds a right to public waters under other Acts, such as the Fisheries Act shall obstruct or interfere with entrance to or temporary use of the relevant public waters by project implementers without any justifiable reason.
(6) Matters necessary for certificates under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 15 (Compensation for Losses Caused by Access to Land, etc.)
(1) Where any person sustains a loss due to the act, etc. of entering land under Article 14, the project implementer shall compensate for such loss.
(2) Project implementers and persons who sustain any loss shall consult the compensation for losses under paragraph (1).
(3) Any project implementer or any person that sustains a loss may, when the consultation under paragraph (2) fails to be established or he/she is unable to consult, apply for adjudication on land, things, etc. to the competent land expropriation committee. In such cases, the application for adjudication may be made within a term for performing development projects, notwithstanding Article 23 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects therefor and Article 28 (1) of the same Act.
(4) Notwithstanding paragraph (3), rights to licensed fisheries under Article 8 of the Fisheries Act, permit-required fisheries under Article 41 of the same Act and report-required fisheries under Article 47 of the same Act shall be governed by the compensation provisions under Articles 81 through 83 of the same Act. <Amended by Act No. 13413, Jul. 20, 2015>
 Article 16 (Legal Fiction of Authorization, Permission, etc.)
(1) Where the Minister of Oceans and Fisheries has consulted the heads of relevant administrative agencies on the following permission, authorization, determination, license, consent, approval, reporting, revocation, etc. (hereinafter referred to as "authorization, permission, etc.") regarding an implementation plan pursuant to paragraph (3) to grant approval of such implementation plan or approval of amendment thereto, relevant authorization, permission, etc. shall be deemed granted; where the implementation plan is published pursuant to Article 13 (4), authorization, permission, etc. under the following Acts shall be deemed published or announced: <Amended by Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun. 3, 2014; Act No. 13413, Jul. 20, 2015; Act No. 13805, Jan. 19, 2016; Act No. 14480 & 14506, Dec. 27, 2016>
1. Building permission under Article 11 of the Building Act, building reports under Article 14 of the same Act, change of matters subject to permission and reporting under Article 16 of the same Act, permission for and reporting on temporary buildings under Article 20 of the same Act, and consultation on building under Article 29 of the same Act;
2. Determination (limited to cases in compliance with urban master plans) of urban/Gun management planning under Article 30 of the National Land Planning and Utilization Act, permission for dividing land and changing land form and quality under Article 56 of the same Act, designation of the implementers of urban/Gun planning facility projects under Article 86 of the same Act, and authorization of implementation plans of urban/Gun planning facility projects under Article 88 of the same Act;
3. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;
4. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval for and reporting on implementation plans under Article 17 of the same Act, reclamation licences under Article 28 of the same Act, consultation or approval under Article 35 (1), and authorization and public announcement of implementation plans for reclamation of public waters under Article 38 of the same Act;
5. Deleted; <by Act No. 10272, Apr. 15, 2010>
6. Approval of business plans under Article 15 of the Tourism Promotion Act;
7. Permission to use agricultural production infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act, and approval of business plans for agricultural and fishing village tourism and resort complexes under Article 82 (2) of the same Act;
8. Permission for and consultation on diversion of farmland under Article 34 of the Farmland Act;
9. Consultation with and approval of a road management agency under Article 107 of the Road Act (limited to the designation and public notification of routes under Article 19 of the same Act, determination of road zones under Article 25 of the same Act, permission granted to persons, other than road management agencies, to conduct road works under Article 36 of the same Act, and permission to occupy and use roads under Article 61 of the same Act);
11. Permission to install private roads under Article 4 of the Private Road Act;
12. Permission to fell, extract earth and rock, etc. under Article 14 of the Erosion Control Work Act, and cancellation of designation of land for erosion control under Article 20 of the same Act;
13. Permission to divert mountainous districts under Article 14 of the Mountainous Districts Management Act, and reporting on the diversion of mountainous districts under Article 15 of the same Act, permission for and reporting on temporary use of mountainous districts under Article 15-2 of the same Act;
14. Consents to building permission, etc. under Article 7 (1) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act, reporting on fire-fighting systems installation works under Article 13 (1) of the Fire-Fighting System Installation Business Act, and permission for installation of factories, etc. under Article 6 (1) of the Act on the Safety Control of Hazardous Substances Act;
15. Permission to conduct small river conservation works under Article 10 of the Small River Maintenance Act, and permission to occupy and use small rivers under Article 14 of the same Act;
16. Authorization for general waterworks business under Article 17 (1) of the Water Supply and Waterworks Installation Act, authorization for industrial waterworks business under Article 49 of the same Act, authorization for installation of private-use waterworks under Article 52 of the same Act, and private-use industrial waterworks under Articles 54 of the same Act;
17. Approval for the performance of works in protected waters under Article 47 (2) of the Fishery Resources Management Act;
18. Permission for re-burial of tombs under Article 27 of the Act on Funeral Services, Etc.;
19. Authorization for or reporting on plans for private-use electric facility installation works under Article 62 of the Electric Utility Act;
20. Approval of business plans under Article 15 of the Housing Act;
21. Reporting on commencement, change, or completion of works under Article 86 (1) of the Act on the Establishment, Management, etc. of Spatial Data;
22. Permission to change land form and quality, etc. under Article 21-2 of the Grassland Act, and permission for, reporting or consultation on diversion of grassland under Article 23 of the same Act;
23. Approval of housing site development plans under Article 8 of the Housing Site Development Promotion Act, and approval of implementation plans for housing site development projects under Article 9 of the same Act;
24. Approval for or reporting on installation of waste disposal facilities under Article 29 of the Wastes Control Act;
25. Authorization for installation of public sewerage (limited to excreta disposal facilities of public sewerage) under Article 11 of the Sewerage Act, permission for performance of public sewerage construction works under Article 16 of the same Act, and permission to occupy and use public sewerage under Article 24 of the same Act;
26. Consultation with or approval of management authorities under Article 6 of the River Act, permission for performance of river improvement works under Article 30 of the same Act, and permission for occupation, use, etc. of rivers, etc. under Article 33 of the same Act;
27. Formulation and amendment of harbor master plans under Articles 5 and 7 of the Harbor Act, permission for a plan for harbor maintenance and improvement works under Article 9 (2) of the Harbor Act, and approval of implementation plans for harbor maintenance and improvement works under Article 10 (2) of the same Act;
28. Approval for factory establishment, etc. referred to in Article 13 of the Industrial Cluster Development and Factory Establishment Act, permission for construction of a factory referred to in Article 14 of the same Act, approval for use of a factory building referred to in Article 14-2 of the same Act, approval for installation of manufacturing facilities referred to in Article 14-2 of the same Act, and approval for establishment of a knowledge industry center referred to in Article 28-2 of the same Act, etc.
(2) When a project implementer who intends to obtain authorization, permission, etc. deemed granted under paragraph (1) files an application for approval of an implementation plan or of an amendment thereto, he/she shall also submit relevant documents prescribed by relevant Acts.
(3) When the Minister of Oceans and Fisheries grants approval of an implementation plan or approval of an amendment thereto pursuant to Article 13 (1), he/she shall consult the heads of relevant administrative agencies in advance if a matter referred to in any of the subparagraphs of paragraph (1) is involved therein. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The head of any relevant administrative agency in receipt a request for consultation from the Minister of Oceans and Fisheries pursuant to paragraph (3) shall submit his/her opinion within 20 days of receipt of such request for consultation. <Amended by Act No. 11690, Mar. 23, 2013>
(5) If the head of any relevant administrative agency fails to submit his/her opinion within the period referred to in paragraph (4), he/she shall be deemed to have no opinion. <Newly Inserted by Act No. 14730, Mar. 21, 2017>
 Article 17 (Expropriation and Use of Land, etc.)
(1) Any project implementer may, if necessary for the performance of development projects, expropriate or use land, things, or rights (including rights to licensed fisheries under Article 8 of the Fisheries Act, permit-required fisheries under Article 41 of the same Act and report-required fisheries under Article 47 of the same Act) under Article 3 of the Act on Acquisition of Land, etc. for Public Works Projects: Provided, That project implementers under Article 9 (1) 6 shall purchase land equivalent to not less than 2/3 of the land to be developed and obtain consents of not less than a half of the total number of land owners. <Amended by Act No. 13413, Jul. 20, 2015>
(2) When a marina zone is designated and published pursuant to Article 10 (1), the approval of projects and the publication thereof under Articles 20 (1) and 22 of the Act on Acquisition of Land, etc. for Public Works Projects shall be deemed to have been granted and made: Provided, That the application for adjudication may be made within a term for performing the development project concerned, notwithstanding Articles 23 (1) and 28 (1) of the same Act.
(3) Except for the matters particularly provided for in this Act, the provisions of the Act on Acquisition of Land, etc. for Public Works Projects shall apply mutatis mutandis to the expropriation, use, etc. of land, etc. under paragraph (1).
 Article 17-2 (Special Cases Concerning Application of Public Waters Management and Reclamation Act)
Where the designation or alteration of a marina zone is publicly announced pursuant to Article 10 after the formulation or alteration of the master plan was publicly announced pursuant to Articles 4 through 6 and the formulation, approval, or alteration of the project plan to the extent appropriate for such master plan was publicly announced pursuant to Article 8, the master plan to reclaim public waters shall, to such extent, be deemed to have been publicly announced pursuant to Article 26 of the Public Waters Management and Reclamation Act after having been formulated or altered pursuant to Articles 22 and 27 of such Act.
[This Article Newly Inserted by Act No. 13185, Feb. 3, 2015]
 Article 17-3 (Replotting for Land Owners)
(1) Where an owner of land in a marina zone intends to use such land, as specified in the project plan, the project implementer may perform the development project that includes such land, and, upon completion of such project, may allocate replotted land to the relevant land owner, as prescribed by Presidential Decree.
(2) Articles 28 through 32, 32-2, 32-3, 33 through 36, 36-2, and 37 through 49 of the Urban Development Act shall apply mutatis mutandis to matters concerning replotting under paragraph (1). In such application, where the project implementer obtains approval of the implementation plan pursuant to Article 13, which includes the replotting plan referred to in Article 28 (1) of the Urban Development Act, such project implementer shall be deemed to have obtained authorization of the replotting plan under Article 29 of such Act.
[This Article Newly Inserted by Act No. 13413, Jul. 20, 2015]
 Article 18 (Confirmation of Completion of Works)
(1) Any project implementer shall, when he/she completes development works, submit a written report on the completion of works to the Minister of Oceans and Fisheries without delay to obtain the confirmation of completion of works. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall, when he/she recognizes that works have been completed in compliance with designated matters after inspecting the completion of works as prescribed by Presidential Decree, deliver a certificate of confirmation of completion of works prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where the Minister of Oceans and Fisheries delivers a certificate of confirmation of completion of works under paragraph (2), inspection of completion of works or authorization on completion of works, such as the authorization, permission, etc. in each subparagraph of Article 16 (1) shall be deemed to have been conducted or obtained. <Amended by Act No. 11690, Mar. 23, 2013>
(4) No land and facilities formed or installed by development works shall be used until a certificate of confirmation of completion of works under paragraph (2) is obtained: Provided, That the same shall not apply to cases where a report on use before completion of work is filed with the Minister of Oceans and Fisheries as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 19 (Publication, etc. of Completion of Works)
The Minister of Oceans and Fisheries shall, when he/she deems that a development project is completed as intended by the relevant implementation plan as a result of conducting an inspection of completion of works under Article 18 (2), publish the completed work, and when it is not completed as intended by the implementation plan, order to take necessary measures, such as supplementary works without delay. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 20 (Attribution of Marina Facilities)
(1) Where a project implementer is the State or a local government, any land and facilities formed or installed by development projects shall be attributed to the State or the local government upon the completion of works.
(2) Where a project implementer is not the State or a local government, the project implementer thereof shall acquire the ownership of any land and facilities formed or installed by the development project upon the completion of works within the scope of total project cost invested: Provided, That public land and facilities prescribed by Presidential Decree shall be attributed to the State or local governments upon the completion of works.
(3) The method of calculating the total project cost and the value of land acquired by project implementers under paragraph (2) shall be prescribed by Presidential Decree.
(4) Any land and facilities to be attributed to the State or local governments under the proviso to paragraph (2) may be used or used for profit-making by the relevant project implementer within the scope of the amount of investment without compensation under the conditions prescribed by Presidential Decree. In such cases, any person who uses such land and facilities or makes profits using such land and facilities without compensation may have other person use part of such land and facility or make profits using a part of such land and facility.
(5) In cases of having other persons use and make profits pursuant to the latter part of paragraph (4), the term of such use or profit-making shall not exceed the term of using relevant land and facilities or making profits using relevant land and facilities without compensation.
 Article 21 (Establishment, Nature, etc. of Facility Management Right)
(1) The Minister of Oceans and Fisheries or the head of each local government may establish a right (hereinafter referred to as "facility management right") to maintain and manage marina facilities and receive use fees from the users of marina facilities during the term of using or making profits from the marina facilities without compensation pursuant to Article 20 (4) on relevant project implementers. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The facility management right shall be considered as a real right and unless otherwise provided for in this Act, the provisions of the Civil Act shall apply mutatis mutandis thereto.
 Article 22 (Registration, etc. of Facilities Management Right)
(1) Matters concerning the establishment, change, extinction and restriction on the disposition of the facility management right or mortgage on the facility management right shall take effect by being registered in the facility management right registration book kept by the Minister of Oceans and Fisheries and the heads of local governments. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for the registration of the facility management right under paragraph (1) shall be prescribed by Presidential Decree.
(3) Except as otherwise provided for in this Act, the provisions of the Registration of Real Estate Act shall apply mutatis mutandis to the registration of the facility management right.
(4) The provisions of the Civil Procedure Act shall apply mutatis mutandis to delivery related to the registration of the facility management right, and the provisions of the Non-Contentious Case Procedure Act shall apply mutatis mutandis to expenses for raising objections.
 Article 23 (Special Cases of Disposition of Facility Management Right)
No mortgaged facility management right shall be disposed of without the consent of the mortgagee.
CHAPTER IV MANAGEMENT AND OPERATION OF MARINAS
 Article 24 (Management Regulations)
(1) Any person that maintains, manages, and operates marina facilities and any person that is delegated or entrusted the management of marina facilities by the State or by a local government (hereinafter referred to as "management and operation right holder") shall set marina management regulations (hereinafter referred to as "management regulations") under the conditions prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When a management and operation right holder sets or changes management regulations, he/she shall notify the Minister of Oceans and Fisheries of the details thereof without delay. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries may, when the details of management regulations considerably goes against public interests or contravenes Acts and subordinate statutes, request for the change thereof. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 24-2 (Safety Check-ups on Marina Facility)
(1) The owner of a marina facility shall conduct safety check-ups thereon: Provided, That the safety control of public structures referred to in subparagraph 1 of Article 2 of the Special Act on the Safety Control of Public Structures shall be governed by such Act.
(2) If necessary for verifying whether or not safety check-ups referred to in the main sentence of paragraph (1) have been properly conducted, the Minister of Oceans and Fisheries, Mayors/Do Governors, or the heads of Sis/Guns/Gus may request the owner of the relevant marina facility to report the result of check-ups thereon or submit materials thereon.
(3) If safety check-ups referred to in the main sentence of paragraph (1) are deemed not to have been properly conducted, the Minister of Oceans and Fisheries, Mayors/Do Governors, or the heads of Sis/Guns/Gus may take necessary measures such as recommendation on conduct of safety check-ups.
(4) Matters necessary for methods, etc. for conducting safety check-ups referred to in the main sentence of paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13413, Jul. 20, 2015]
 Article 25 (Cost-Sharing for Impairment, etc of Marina Facilities)
Any management and operation right holder may have repair and reinforcement works of marina facilities, which are caused by any works other than development projects or any act to impair or deform marina facilities done by the person who performed such works or the person who committed such act. In such cases, the expenses to be incurred therefrom shall be borne by the person who performed such works or the person who committed such act.
 Article 26 (Use, Use Fees, etc. of Marina Facilities)
(1) Any person that intends to use marina facilities shall obtain the permission from the management and operation right holder under the conditions prescribed by Presidential Decree: Provided, That where the management and operation right holder is not the State or a local government, he/she may use the marina facility by signing a lease contract with the management and operation right holder or obtaining approval from him/her for use.
(2) Any management and operation right holder may, when he/she receives an application for the use of marina facilities, such as license or lease contracts under paragraph (1), grant permission for the use of the marina facilities, etc. within the scope that the development plans, management and operation of the marina facilities are not obstructed by use of such marina facilities.
(3) Any management and operation right holder may collect use fees from the users of marina facilities pursuant to paragraph (1): Provided, That part of use fees may be exempted for persons prescribed by Presidential Decree, such the State or local governments.
(4) Any management and operation right holder that is not the State or a local government shall report matters concerning the rate of use fees, method of collecting use fees, etc. under paragraph (3) to the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The Minister of Oceans and Fisheries may, when he/she recognizes that the rate of use fees and the method of collecting use fees under paragraph (4) are likely to prejudice the benefits of users, order the change of the rate of use fees and other matters necessary for the management and operation of marina facilities. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 27 (Prohibited Acts)
No person shall conduct any act falling under any of the following subparagraphs in marina facilities or inside marina zones without any justifiable cause:
1. Impairing marina facilities or deteriorating the functions thereof;
2. Restructuring or relocating marina facilities;
3. Leaving abandoned ships neglected;
4. Reclaiming or excavating marina zones;
5. Leaving obstacles neglected in marina zones or occupying marina zones without permission;
6. Farming aquatic animals and plants in the waters of marina zones;
7. Other acts prescribed by Presidential Decree, which could impair the preservation or use of marinas.
 Article 28 (Reinstatement, etc. to Original State)
(1) The head of each relevant administrative agency of the government or the head of each local government may, in order to preserve the functions of marinas, order persons who violate the provisions of Article 27 to restore marinas to the original state or removal thereof, for a period of not more than three months: Provided, That for a person who violates subparagraph 2 of Article 27, the period shall be less than one year. <Amended by Act No. 11582, Dec. 18, 2012>
(2) The head of each relevant administrative agency of the government or the head of each local government may, when he/she is unable to issue orders under paragraph (1) due to no knowledge of persons who violated the provisions of Article 27 or the whereabout of such persons or when urgency is required to preserve the functions of marinas, take necessary measures such as removal of abandoned ships, obstacles and waste, etc. notwithstanding paragraph (1).
(3) A specific period for restoration to the original state or removal under paragraph (1) and matters necessary for measures under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 11582, Dec. 18, 2012>
CHAPTER IV-2 MARINA BUSINESS
 Article 28-2 (Registration, etc. of Marina Business)
(1) Each person who intends to conduct any of the following marina businesses shall meet the requirements prescribed by Presidential Decree and file for registration with the Minister of Oceans and Fisheries. The same shall also apply to the modification of important matters prescribed by Presidential Decree from among registered matters: <Amended by Act No. 14506, Dec. 27, 2016>
1. Marina ship rental business: Business renting marina ships of at least two tons (including navigation of a marina ship, at the request of a person who rents a marina ship);
2. Marina ship berthing and mooring business: Business providing facilities to berth ships on land or to moor ship at sea.
(2) The term of validity of registration under paragraph (1) shall be three years from the date of registration, and a person who intends to continue operating his/her business shall renew the registration, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, before the term of validity of such registration expires.
(3) Methods and procedures for filing for registration under paragraph (1), procedures for renewal under paragraph (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) No person falling under any of the following subparagraphs may file for registration of marina business: <Newly Inserted by Act No. 14506, Dec. 27, 2016>
1. A minor, a person under adult guardianship or under limited guardianship;
2. A person for whom two years have not elapsed since his/her imprisonment with labor or greater punishment declared by a court due to violation of this Act was completely executed or exempted;
3. A person who is under suspension of the execution of his/her imprisonment with labor or greater punishment declared by a court due to violation of this Act;
4. A person for whom two years have not elapsed since his/her registration was revoked (excluding cases where registration has been revoked due to falling under Article 28-7 (1) 1) pursuant to Article 28-7.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 28-3 (Succession to Marina Business, etc.)
(1) Where a person who has filed for registration pursuant to Article 28-2 (1) (hereinafter referred to as "registered business entity") transfers his/her business or dies, or a corporation merges with another corporation, the transferee, heir, corporation surviving the merger, or corporation newly established in the course of the merger, shall succeed to the status of the registered business entity.
(2) A person who acquires all facilities and equipment (referring to major facilities and equipment prescribed by Presidential Decree) of a registered business, according to any of the following procedures shall succeed to the status of the former registered business entity: <Amended by Act No. 14476, Dec. 27, 2016>
1. Auction under the Civil Execution Act;
3. Sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act;
4. Other procedures corresponding to paragraphs (1) through (3).
(3) Each person who succeeds to the status of a registered business entity pursuant to paragraph (1) or (2), shall report thereon to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 28-4 (Reporting on Suspension or Closure of Business)
Where a registered business entity intends to wholly or partially suspend, resume, or close his/her business, he/she shall report thereon to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply where he/she suspends its business for a period not exceeding 15 days.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 28-5 (Obligations of Registered Business Entities)
(1) Every registered business entity shall determine usage fees, conditions of use, etc. (hereinafter referred to as "terms of use") and report thereon to the Minister of Oceans and Fisheries, and post usage fees and matters to be observed by users, at a readily visible place in his/her place of business. The same shall apply to the amendment thereto.
(2) No registered business entity shall engage in any of the following acts: <Amended by Act No. 14506, Dec. 27, 2016>
1. Allowing any third person to operate a business in his/her name;
2. Requesting money other than fees;
3. Refusing to rent a marina ship or refusing to provide facilities for berthing and mooring a marina ship without good cause;
4. Accepting fees in excess of the reported or posted usage fees;
5. Lending a marina ship to a person under 14 years of age (limited to a person accompanied by his/her guardian, a drunk person or a mentally ill person;
6. Using a marina ship in use for lending business for water-related leisure business referred to in Article 39 of the Water-Related Leisure Activities Safety Act or for excursion business or ferry business referred to in Article 2 of the Excursion Ship and Ferry Business Act.
(3) No person who has registered a business berthing and mooring marina ships shall change the place for and method of berthing and mooring marina ships without request from or consent of the person who has requested berthing and mooring of such marina ships.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 28-6 (Corrective Orders)
The Minister of Oceans and Fisheries may require a registered business entity to return usage fees, to cease a violation, or to take other measures necessary for correction, if the registered business: <Amended by Act No. 14506, Dec. 27, 2016>
1. Breaches his/her obligations to report or post under Article 28-5 (1);
2. Breaches any of his/her obligations provided for in Article 28-5 (2) 2 through 6;
3. Breaches his/her obligation to subscribe to an insurance or mutual aid under Article 28-8.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 28-7 (Revocation of Registration, etc.)
(1) Where a registered business entity falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the registration thereof or order him/her to fully or partially suspend his/her business for a specified period not exceeding six months: Provided, That where he/she falls under subparagraph 1 or 9, the Minister of Oceans and Fisheries shall revoke his/her registration: <Amended by Act No. 14506, Dec. 27, 2016>
1. Where he/she has filed for registration or registration of modification by fraudulent or other wrongful means;
2. Where he/she has no record of operating a business for at least one year;
3. Where he/she fails to meet any of the requirements for registration under Article 28-2 (1);
4. Where he/she allows a third person to operate a business in his/her name, in violation of Article 28-5 (2) 1;
5. Where he/she fails to comply with an order to take a corrective measure issued under Article 28-6;
6. Where he/she violates his/her obligation to subscribe to an insurance or mutual aid under Article 28-8;
7. Where he/she violates any of the obligations provided for in Article 28-9 (2) through (4);
8. Where he/she is deemed unfit to continue operating his/her business due to extraordinarily poor management, worsening financial instability or similar reasons;
9. Where he/she carries on business during any period of suspension, in violation of an order to suspend his/her business.
(2) Matters necessary concerning the standards and procedures for making administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 28-8 (Subscription to Insurance, etc.)
To compensate for damage to employees and users, every registered business entity shall subscribe to an insurance or mutual aid, as prescribed by Presidential Decree. <Amended by Act No. 14506, Dec. 27, 2016>
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 28-9 (Sale in Lots and Recruitment of Members)
(1) Each registered business entity may sell marina ships and facilities for berthing and mooring marina ships in lots, and recruit members.
(2) No person shall engage in any of the following acts:
1. Selling marina ships and facilities for berthing and mooring marina ships in lots, or recruiting members using the title “marina ship rental business, marina ship berthing or mooring business” or similar title although he/she is not entitled to sell such marina ships or facilities in lots or to recruit members pursuant to paragraph (1);
2. Selling marina business-related facilities and facilities unrelated to marina business in lots or recruiting members in a package deal;
3. Recruiting members to use marina ships or facilities for berthing and mooring marina ships after being transferred a right to use marina ships or facilities for berthing and mooring from a joint user or member.
(3) A person who sells marina ships or facilities in lots or recruits members shall observe the following matters, as prescribed by Presidential Decree, in order to protect the rights and interests of joint owners or members:
1. Transfer and acquisition of co-owned share and membership;
2. Use of marina ships and facilities for berthing and mooring;
3. Collection of expenses incurred in the maintenance and management of marina ships or facilities for berthing and mooring;
4. Refund of membership fees;
5. Issuance and confirmation of member certificates;
6. Establishment of the representative organization of joint owners and members;
7. Other matters necessary for protecting the rights and interests of joint owners and members.
(4) Each person who intends to sell marina ships or facilities in lots or to recruit members pursuant to paragraph (1) shall sell marina ships or facilities in lots or recruit members according to the standards and procedures prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 28-10 (Designation, etc. of Institutions for Training Specialists in Marina Business)
(1) To ensure the continuous development of marina business and to strengthen the competitiveness thereof, the Minister of Oceans and Fisheries may designate relevant institutions or organizations as institutions for training specialists in marina business (hereinafter referred to as "specialist training institution"), as prescribed by Presidential Decree.
(2) Specialist training institutions shall:
1. Train specialists in marina business;
2. Develop and operate advanced technologies, educational programs, educational courses and teaching aids to strengthen the competitiveness of marina business;
3. Other projects necessary for the training and education of specialists in marina business.
(3) The Minister of Oceans and Fisheries may fully or partially subsidize expenses incurred by specialist training institutions, within budgetary limits.
(4) Where a specialist training institution falls under any of the following cases, the Minister of Oceans and Fisheries may revoke its designation or order it to suspend its business for a specified period not exceeding six months: Provided, That where it falls under subparagraph (1), the Minister of Oceans and Fisheries shall revoke its designation:
1. Where it has obtained designation by fraudulent or other wrongful means;
2. Where it fails to meet any of the requirements for designation;
3. Where it fails to commence training specialists or delays training specialists without good cause;
4. Where it fails to train specialists continuously for at least one year without good cause.
(5) The standards for designation of specialist training institutions under paragraph (1), detailed standards and procedures for making dispositions under paragraph (4), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 29 (Development of Marina Industry Complexes)
(1) The State or a local government may develop marina industry complexes to efficiently promote marina-related industries.
(2) The development of marina industry complexes under paragraph (1) shall follow the procedures for the designation and development of national industrial complexes, general industrial complexes, urban high-tech industrial complexes and agro-industrial complexes under the Industrial Sites and Development Act.
 Article 30 (Lending, Use, etc. of National and Public Property)
(1) Notwithstanding the provisions of the State Property Act or Public Property and Commodity Management Act, the State or a local government may, if necessary for development projects or the development and operation of marina industry complexes, have national and public property lent, used or used commercially through private contracting or sell national and public property.
(2) The details and terms and conditions of the lending of, use of, making profits with, etc. of national and public property under paragraph (1) shall be governed by the provisions of the State Property Act or Public Property and Commodity Management Act.
 Article 31 (Reduction and Exemption of Various Kinds of Charges, etc.)
(1) When the conversion of farmland or mountainous districts is required for the smooth implementation of development projects or marina industry complex creation projects, farmland preservation charges or alternative forest resources creation expenses may be reduced or exempted for project implementers as prescribed by the Farmland Act or Mountainous Districts Management Act.
(2) The reduction of and exemption from the occupation fees and use fees of public waters may be granted to the persons developing and managing a development project or a marina industry complex, as prescribed by the Public Waters Management and Reclamation Act, and the reduction of and exemption from land occupation fee and river use fees may be granted to them, as prescribed the River Act. <Amended by Act No. 10272, Apr. 15, 2010; Act No. 13185, Feb. 3, 2015>
 Article 32 (Cost Support)
(1) Costs for performing development projects or marina industry complex creation projects shall be borne by project implementers.
(2) The State or a local government may provide, subsidize, or lend part of costs for development projects or creation of marina industry complexes to project implementers within budgetary limits as prescribed by Presidential Decree for development projects or creation of marina industry complexes.
(3) The State or a local government may preferentially support the installation of infrastructure prescribed by Presidential Decree, such as breakwaters, roads, railways and water supply facilities which are necessary for development projects or creation projects for marina industry complexes.
 Article 32-2 (Unique Identifier Codes for Marina Shipbuilders)
(1) Upon application by a marina shipbuilder, the Minister of Oceans and Fisheries may allocate a unique identifier code to the marina shipbuilder.
(2) Procedures and methods for requesting and allocating unique identifier codes under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 32-3 (Establishment of Korea Marina Association)
(1) Persons related to marinas and marina business may establish a Marina and Marine Industries Association of Korea (hereinafter referred to as the "Association") with the approval of the Minister of Oceans and Fisheries, to ensure the sound development of marina-related industries.
(2) The Association shall be a body corporate.
(3) The Association shall perform the following duties:
1. Surveys, research, and publicity concerning marina-related industries;
2. Collection and provision of information on marina-related industries;
3. Education and training of persons engaged in marina business;
4. Exchanges and cooperation with foreign institutions and organizations in marina-related industries;
5. Duties entrusted by the State or local governments;
6. Duties incidental to the duties referred to in subparagraphs 1 through 4, specified by the Association’s articles of association.
(4) Matters necessary regarding the articles of association, operation, supervision, etc. of the Association shall be prescribed by Presidential Decree.
(5) Except as otherwise expressly prescribed by this Act, provisions of the Commercial Act governing incorporated associations shall apply mutatis mutandis to the Association.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 33 (Administrative Dispositions)
(1) The Minister of Oceans and Fisheries may, when a project implementer falls under any of the following subparagraphs, order the cancellation of permission, designation or approval under this Act, suspension or change of works, reconstruction, alteration or relocation of structures, obstacles, etc. or other necessary dispositions or measures: Provided, That in cases falling under subparagraph 1, he/she shall cancel the relevant designation or approval: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14506, Dec. 27, 2016>
1. Where a project implementer obtains permission, designation or approval under this Act by false or other unjust means;
2. Where a project implementer is unable to continue a development project due to natural disasters or other causes prescribed by Presidential Decree, such as project implementer's bankruptcy (limited to cases where the continuation of a project is deemed unlikely through deliberation by the Council).
3. Where a project implementer receives advance payments in violation of Article 13-2 (2).
(2) Detailed criteria for the cancelation of permission, designation or approval, suspension or change of works, reconstruction, alteration, or relocation of structures, obstacles, etc. other necessary dispositions or measures under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of the types, causes, degrees of violation, etc. of offensive acts. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries shall, when he/she issues an order or disposition under paragraph (1), publish it as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 33-2 (Inspections, Verifications, etc.)
(1) Where deemed necessary to verify whether requirements for registration are met, etc., the Minister of Oceans and Fisheries may require registered business entities or other related persons to appear or make a statement, may request them to submit relevant documents or report, and may require relevant public officials to enter marina ships, relevant facilities, etc. to inspect or verify books, documents or other things.
(2) Public officials who enter marina ships, relevant facilities, etc. for inspection or verification under paragraph (1) shall carry a certificate indicating their authority and produce it to interested persons.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 33-3 (Fees)
(1) Each of the following persons shall pay a fee to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where any of the Minister's duties are entrusted to an institution, fees determined by the institution shall be paid thereto:
1. A person who files for registration or registration of modification of marina business pursuant to Article 28-2;
2. A person who reports the transfer, acquisition, or merger of marina business pursuant to Article 28-3;
3. A person who applies for a unique identifier code pursuant to Article 32-2 (1).
(2) Where an entrusting institution intends to determine fees pursuant to the proviso to paragraph (1), it shall determine the rate, etc. according to the procedures prescribed by Ordinance of the Ministry of Oceans and Fisheries and obtain prior approval from the Minister of Oceans and Fisheries. The same shall also apply to the amendment of approved matters.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
 Article 34 (Hearings)
The Minister of Oceans and Fisheries or the heads of local governments shall hold a hearing under the Administrative Procedures Act to make any of the following administrative dispositions: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12998, Jan. 6, 2015; Act No. 13185, Feb. 3, 2015>
1. Replacement of a project implementer or cancellation of designation thereof under Article 9 (3);
2. Cancellation of designation under Article 11 (1);
3. Revocation of registration under Article 28-7 (1);
4. Revocation of designation of a specialist training institution under Article 28-10 (4).
5. Revocation of permission, designation or approval under Article 33 (1).
[This Article Wholly Amended by Act No. 13185, Feb. 3, 2015]
 Article 35 (Delegation and Entrustment of Authority)
(1) The authority of the Minister of Oceans and Fisheries bestowed under this Act may be partially delegated to Mayors/Do Governors or the heads of the agencies to which relevant persons belong, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13413, Jul. 20, 2015>
(2) Any Mayor/Do Governor to whom authority is delegated pursuant to paragraph (1) may partially sub-delegate such authority to the heads of Sis/Guns/Gus, upon obtaining approval from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The duties of the Minister of Oceans and Fisheries prescribed under this Act may be partially entrusted to the Association established under Article 32-3 or the Korea Ship Safety Technology Authority established under Article 45 of the Ship Safety Act, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12998, Jan. 6, 2015>
(4) Where deemed necessary for efficiently performing the duties entrusted pursuant to paragraph (3), the Minister of Oceans and Fisheries may subsidize expenses incurred in performing such duties. <Newly Inserted by Act No. 12998, Jan. 6, 2015>
 Article 36 (Legal Fiction of Public Officials in Application of Penalty Provisions)
Any person that is engaged in entrusted affairs under Article 35 (3) shall be considered a public official in the application of the penalty provisions under Article 127 and Articles 129 through 132 of the Criminal Act.
CHAPTER VI PENALTY PROVISIONS
 Article 37 (Penalty Provisions)
Any person that falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who is designated as a project implementer under Article 9 by false or other unjust means;
2. A person who obtains approval of an implementation plan under Article 13 (1) by false or other unjust means.
 Article 38 (Penalty Provisions)
Each of the following persons shall be punished by imprisonment with prison labor for not more than two years, or by a fine not exceeding 20 million won: <Amended by Act No. 12998, Jan. 6, 2015>
1. A person who performs a project without obtaining approval of the relevant implementation plan under Article 13 (1);
2. A person who uses land or facilities without reporting on use before completion of works under Article 18 (4);
3. A person who operates a marina business without filing for registration thereof with the Minister of Oceans and Fisheries, or files for registration by fraudulent or other wrongful means;
4. A person who sells marina ships and facilities for berthing and mooring of marina ships in lots or recruits member, in violation of Article 28-9 (2).
 Article 39 (Penalty Provisions)
Each of the following persons shall be punished by imprisonment with prison labor for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 12998, Jan. 6, 2015>
1. A person who engages in acts such as construction of a building in a marina zone, without permission granted under Article 12 (1);
2. A person who violates an order for reinstatement or removal issued under Article 28 (1);
3. A person who violates an order for suspension or alteration of works, reconstruction, alteration, or relocation of structures, obstacles, etc. and other necessary dispositions or measures issued under Article 33 (1);
4. A person who allows a third person to operate a business in his/her name, in violation of Article 28-5 (2) 1.
 Article 40 (Joint Penalty Provisions)
When a representative of a corporation, or a proxy, an employee or other worker of a corporation or an individual commits an act which violates Articles 37 through 39 in connection with a business of the corporation or the individual, not only the offender is punished but also the corporation or the individual shall be punished by fines as prescribed in the corresponding Article: Provided, That the same shall not apply to cases where the corporation or the individual paid considerable attention to and diligently oversaw the relevant business in order to prevent such offenses.
 Article 41 (Administrative Fines)
(1) A person who fails to conduct a safety check-up on a marina facility in violation of Article 24-2 (1) shall be punished by an administrative fine not exceeding three million won. <Newly Inserted by Act No. 14506, Dec. 27, 2016>
(2) Each of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended by Act No. 12998, Jan. 6, 2015>
1. A person who obstructs or interferes with access to, or temporary use of, the land of a project implementer, in violation of the latter part of paragraphs (1) and (5) of Article 14;
2. A person who enters land without permission of the landowner or occupier, in violation of Article 14 (3);
3. A person who enters land without a certificate of authority, in violation of Article 14 (4);
4. A person who operates a marina business without filing for registration of modification, in violation of Article 28-2 (1);
5. A person who fails to report the transfer, acquisition, or merger (applicable only to corporations) of marina business, in violation of Article 28-3 (3);
6. A person who fails to report the suspension, resumption, or closure of a business, in violation of Article 28-4;
7. A person who fails to report the terms of use, or to post usage fees, etc., in violation of Article 28-5 (1);
8. A person who requests money, other than fees, or engage in other act, in violation of Article 28-5 (2) 2 through 6;
9. A person who fails to subscribe to an insurance or mutual aid, in violation of Article 28-8.
(3) Administrative fines provided for in paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14506, Dec. 27, 2016>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after its promulgation.
(2) (Transitional Measures)Any disposition or procedure and other acts that are given or taken and conducted for projects creating or developing marinas under other Acts before this Act enters into force shall be deemed to have been given, taken and conducted under this Act when such projects are designated as marinas under this Act.
(3) Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10628, May 18, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11582, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reinstatement to Original State, etc.)
The amended provisions of Article 28 shall apply to a person who gives the first order of reinstatement to the original state or removal after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12998, Jan. 6, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13185, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 34 of the Partial Amendments to the Act on the Development, Management, etc. of Marinas (Act No. 12998) shall enter into force on July 7, 2015.
Article 2 (Applicability concerning Special Cases Concerning Application of the Public Waters Management and Reclamation Act)
The amended provisions of Article 17-2 shall begin to apply with the first case where the designation or change of a marina zone is publicly announced after this Act enters into force.
ADDENDUM <Act No. 13413, Jul. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14506, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Advance Payments)
The amended provisions of Article 13-2 shall also apply to cases where any person is designated as a project implementer before this Act enters into force.
ADDENDA <Act No. 14730, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability concerning Consultation about Legal Fiction of Authorization, Permission, etc.)
The amended provisions of Article 16 (5) shall begin to apply with the first case where the Minister of Oceans and Fisheries requests the head of a relevant central agency for consultation to approve an implementation plan or any change thereof after this Act enters into force.