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ACT ON THE MANAGEMENT OF ZOOS AND AQUARIUMS

Act No. 14227, May 29, 2016

 Article 1 (Purpose)
The purpose of this Act is to conserve and research wildlife in zoos and aquariums, to provide citizens with correct information on the ecology and habits of wildlife, and to contribute to conserving biodiversity, by prescribing matters necessary for registering and managing zoos and aquariums.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term “zoo” means a facility prescribed by Presidential Decree, which provides various kinds of information on wild animals to citizens through exhibition and education programs, by conserving and proliferating wild animals, etc. or investigating and researching the ecology and habits thereof;
2. The term “aquarium” means a facility prescribed by Presidential Decree, which provides various kinds of information on marine organisms or limnobios, etc. to citizens through exhibition and education programs by conserving and proliferating marine organisms or limnobios, etc. or investigating and researching the ecology and habits thereof;
3. The term “wild animal” means an animal among wildlife species defined in subparagraph 1 of Article 2 of the Wildlife Protection and Management Act;
4. The term “marine organism” means an marine organism defined in subparagraph 8 of Article 2 of the Conservation and Management of Marine Ecosystems Act;
5. The term “limnobio” means an organism in freshwater, such as rivers or lakes, among wildlife specifies defined in subparagraph 1 of Article 2 of the Wildlife Protection and Management Act.
 Article 3 (Registration, etc.)
(1) Persons intending to operate a zoo or aquarium shall register the following matters with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor, having jurisdiction over the location of such zoo or aquarium (hereinafter referred to as “Mayor/Do Governor”): Provided, That they shall meet the requirements prescribed by Presidential Decree for the matters referred to in subparagraphs 3 and 5:
1. Name of the zoo or aquarium;
2. Location of the zoo or aquarium;
3. Specifications of the zoo or aquarium;
4. Name and address of the representative of the zoo or aquarium;
5. Status of specialized staff members;
6. Lists of the biospecies possessed by the zoo or aquarium and lists of the population of each species;
7. Lists of the endangered species (referring to the endangered wildlife and globally endangered species, respectively defined in subparagraphs 2 and 3 of Article 2 of the Wildlife Protection and Management Act) and marine organisms subject to protection (referring to the marine organisms subject to protection defined in subparagraph 11 of Article 2 of the Conservation and Management of Marine Ecosystems Act), all of which are the collections of the zoo or aquarium, and lists of the population of each endangered species;
8. A management plan for the diseases and zoonoses of the animal collections of the zoo or aquarium; a plan for providing appropriate habitats to such animals; a safety management plan; and a plan for managing such animals while temporarily or permanently closing the zoo or aquarium).
(2) Where a person intending to operate a zoo or aquarium applies for registration pursuant to paragraph (1), a Mayor/Do Governor shall issue a registration certificate.
(3) Where a matter referred to in paragraph (1), other than matters referred to in paragraph (1) 5 through 7, changes, a person operating a zoo or aquarium registered pursuant to paragraph (1) shall report such change for registration, as prescribed by Presidential Decree.
(4) Matters necessary for methods and procedures for registration and registration of change referred to in paragraphs (1) through (3) shall be prescribed by Presidential Decree.
 Article 4 (De-registration)
(1) In any of the following cases, a Mayor/ Do Governor may deregister a zoo or aquarium: Provided, That in cases falling under subparagraph 1, he/she shall deregister the zoo or aquarium:
1. Where registration is filed falsely or otherwise unjustifiably;
2. Where a registration requirement referred to in Article 3 (1) is not satisfied;
3. Where an order to take measures referred to in Article 12 is breached.
(2) A person deregistered under paragraph (1) shall return his/her registration certificate to the Mayor/Do Governor within seven days from the date of de-registration.
 Article 5 (Public Opening and Temporary or Permanent Closure of Zoo and Aquarium)
(1) A person operating a zoo or aquarium shall open it to the public for at least the number of days determined by Presidential Decree.
(2) Where a person operating a zoo or aquarium cannot open it to the public for at least six consecutive months due to any cause, or fails to open it to the public for at least six consecutive months, such person shall, without delay, report to the Mayor/Do Governor about such cause, a plan for managing animal collections of the zoo or aquarium, and a subsequent annual plan for public opening of the zoo or aquarium.
(3) Where a person operating a zoo or aquarium intends to permanently close such zoo or aquarium, he/she shall report the permanent closure to the Mayor/Do Governor, together with documents verifying that he/she has properly taken measures in accordance with the plan for managing animal collections of the zoo or aquarium referred to in Article 3 (1) 8.
(4) Any person who has reported the permanent closure pursuant to paragraph (3), shall return his/her registration certificate referred to in Article 3 (2).
(5) Matters necessary for methods and procedures for reporting the temporary and permanent closure referred to in paragraphs (2) and (3) shall be prescribed by Presidential Decree.
 Article 6 (Provision of Appropriate Habitats)
A person operating a zoo or aquarium shall provide the animal collections of the zoo or aquarium with appropriate habitats, such as supplying nutrition and curing diseases, which are suitable for the characteristics of the relevant biospecies.
 Article 7 (Prohibited Acts)
No person operating a zoo or aquarium, and zoo or aquarium worker shall engage in any of the following conduct against animals in the zoo or aquarium, except in extenuating circumstances:
2. Inflicting injuries by tool, drug, etc;
3. Beating or inflicting injuries for advertisement or exhibition;
4. Withholding food or water from animals or neglecting animals suffering a disease.
 Article 8 (Safety Management)
(1) Each person operating a zoo or aquarium and each zoo or aquarium worker shall manage it so that the animal collections of the zoo or aquarium do not harm safety and health of people.
(2) Notwithstanding paragraph (1), where any of the animal collections of a zoo or aquarium has escaped from their enclosures or control zone, which is likely to harm or actually harms humans, a person operating the zoo or aquarium and the zoo or aquarium worker shall take necessary measures, such as capturing and isolating it and notify the Mayor/Do Governor of such measures.
 Article 9 (Keeping and Preservation of Records on Operation and Management)
A person operating a zoo or aquarium shall keep records of the following matters and preserve them for three years from the date of recording:
1. Details of any changes in any of the matters and lists referred to Article 3 (1) 5 through 7;
2. Records on adding and removing, and proliferating, the animal collections of the zoo or aquarium, and on managing the dead bodies thereof.
 Article 10 (Submission of Materials)
(1) Each year, a person operating a zoo or aquarium shall submit to the Mayor/Do Governor the materials regarding the operation and management of the zoo or aquarium referred to in Article 9 and the number of annual opening days of the zoo or aquarium.
(2) If necessary, a Mayor/Do Governor may request the submission of supplementary materials for those referred to in paragraph (1), from persons operating a zoo or aquarium.
(3) Methods and timing for submitting the materials referred to in paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree.
 Article 11 (Guidance and Check)
(1) A Mayor/Do Governor shall check whether a person operating a zoo or aquarium and a zoo or aquarium worker has violated any matter provided for in Article 7.
(2) If deemed necessary to provide guidance and check, a Mayor/Do Governor may order the relevant public official to access the relevant zoo or aquarium and inspect related documents, facilities, equipment, etc.
(3) Any public official who intends to access a zoo or aquarium for inspections pursuant to paragraph (2) shall present to relevant persons a certificate indicating his/her authority.
 Article 12 (Order to Take Measures)
(1) Where a zoo or aquarium falls under any of the following circumstances, the Mayor/Do Governor may issue an order, such as an order to take improvement measures within a fixed period, to the person operating such zoo or aquarium:
1. Where the zoo or aquarium is operated contrary to any registered matter or any registered matter reflecting change referred to in Article 3;
2. Where a plan for managing animal collections of the zoo or aquarium submitted while reporting temporary or permanent closure pursuant to Article 5 (2) and (3) is deemed inappropriate or where the animal collections of the zoo or aquarium are managed contrary to such management plan;
3. Where a violation of Articles 7, 8 and 13 is discovered in the course of an examination or investigation of materials referred to Articles 9 through 11;
4. Where the zoo or aquarium is operated inconsistently with the records on details of change referred to in subparagraph 1 of Article 9.
(2) A person operating a zoo or aquarium in receipt of an order to take measures referred to in paragraph (1), shall comply with such order except in extenuating circumstances.
 Article 13 (Prevention of Ecosystem Disturbance)
A person operating a zoo or aquarium shall manage the zoo or aquarium so that its animal collections do not disturb ecosystems by escaping from their enclosures or control zones.
 Article 14 (Subsidization)
The State or local government may partially subsidize zoos and aquariums for the technology and expenses necessary for appropriately conserving and proliferating animal collections, and curing any diseases thereof.
 Article 15 (Hearing)
Where a Mayor/Do Governor de-registers a zoo or aquarium pursuant to Article 4 (1), he/she shall hold a hearing.
 Article 16 (Penalty Provisions)
(1) A person, who engages in any conduct referred to in subparagraphs 1 through 3 of Article 7, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won.
(2) Any of the following persons shall be punished by a fine not exceeding five million won:
1. A person who prepares and submits materials falsely or otherwise unjustifiably when filing for registration or registration of change under Article 3;
2. A person who operates a zoo or aquarium without any registration or registration of change under Article 3;
3. A person who engages in any conduct referred to in subparagraph 4 of Article 7;
4. A person who fails to keep and preserve records under Article 9 or falsely keeps such records;
5. A person who fails to submit materials under Article 10 (1) and (2) or falsely submits such materials;
6. A person who refuses, obstructs, or evades access or an inspection by the relevant public official under Article 11 (2);
7. A person who fails to comply with an order to take measures under Article 12 (1) except in extenuating circumstances.
 Article 17 (Joint Penalty Provisions)
Where the representative of a corporation or organization, or an agent or employee or other servant of, a corporation, organization or individual commits any violation provided for in Article 16 in connection with the business affairs of such corporation, organization or individual, not only shall such violator be punished accordingly, but such corporation, organization or individual also shall be punished by a fine provided for in said Article: Provided, That this shall not apply where such corporation, organization or individual has not been negligent in giving due diligence and supervision concerning the relevant business affairs to prevent such violation.
 Article 18 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won:
1. A person who fails to implement respective plans under Article 3 (1) 8 except in extenuating circumstances;
2. A person who fails to open a zoo or aquarium to the public pursuant to Article 5 (1);
3. A person who fails to report temporary or permanent closure under Article 5 (1) and (3);
4. A person who fails to give a notice under Article 8 (2).
(2) Administrative fines referred to in paragraph (1) shall be imposed by Mayors/Do Governors, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measure concerning Registration of Zoos and Aquariums)
The zoos and Aquariums operated as at the time this Act enters into force shall file for registration under Article 3 (1) within one year after this Act enters into force pursuant to Article 3 (1); and the zoos and aquariums registered pursuant to the Museum and Art Gallery Support Act as at the time this Act enters into force shall be deemed to be registered pursuant to Article 3 (1): Provided, That requirements referred to in Article 3 (1) 3 and 5 shall be satisfied within two years from the date this Act enters into force.