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MARINE ENVIRONMENT MANAGEMENT ACT

Act No. 8371, Apr. 11, 2007

Amended by Act No. 8377, Apr. 11, 2007

Act No. 8379, Apr. 11, 2007

Act No. 8380, Apr. 11, 2007

Act No. 8404, Apr. 27, 2007

Act No. 8788, Dec. 21, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9037, Mar. 28, 2008

Act No. 9454, Feb. 6, 2009

Act No. 9626, Apr. 22, 2009

Act No. 9773, jun. 9, 2009

Act No. 9872, Dec. 29, 2009

Act No. 10219, Mar. 31, 2010

Act No. 10272, Apr. 15, 2010

Act No. 10911, Jul. 25, 2011

Act No. 11479, jun. 1, 2012

Act No. 11597, Dec. 18, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12549, Mar. 24, 2014

Act No. 12844, Nov. 19, 2014

Act No. 13084, Jan. 28, 2015

Act No. 13383, jun. 22, 2015

Act No. 14516, Dec. 27, 2016

Act No. 14476, Dec. 27, 2016

Act No. 14532, Jan. 17, 2017

Act No. 14747, Mar. 21, 2017

Act No. 14605, Mar. 21, 2017

Act No. 14839, Jul. 26, 2017

Act No. 15012, Oct. 31, 2017

Act No. 15011, Oct. 31, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to provide for matters necessary for the prevention, improvement, response, and recovery with regard to marine pollution, by managing sources that generate pollutants, such as vessels, marine facilities, and ocean spaces, and regulate discharge of marine pollutants such as oil and noxious liquid substances, thereby helping to protect the health and wealth of the people of the Republic of Korea.
[This Article Wholly Amended by Act No. 14747, Mar. 21, 2017]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 8379, Apr. 11, 2007; Act No. 8404, Apr. 27, 2007; Act No. 8788, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9773, Jun. 9, 2009; Act No. 9872, Dec. 29, 2009; Act No. 11597, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12300, Jan. 21, 2014; Act No. 14747, Mar. 21, 2017; Act No. 15012, Oct. 31, 2017>
1. The term "marine environment" means as defined in subparagraph 1 of Article 2 of the Act on Conservation and Utilization of the Marine Environment;
2. The term "marine pollution" means as defined in subparagraph 3 of Article 2 of the Act on Conservation and Utilization of the Marine Environment;
3. The term "discharge" means the draining or dumping of pollutants, etc. or the leakage or eruption of pollutants, etc.: Provided, That the draining, dumping, leakage or eruption of pollutants, etc. for academic purposes, such as conducting surveys and research to mitigate or prevent, or eliminate marine pollution, shall be excluded;
4. The term "waste" means a substance which is useless in such form when discharged into the sea and which adversely affects or is feared to adversely affect the marine environment (excluding substances referred to in subparagraphs 5, 7, and 8);
5. The term "oil" means crude oil and petroleum products (excluding petroleum gas) provided for in the Petroleum and Alternative Fuel Business Act, liquid oil mixtures containing them (hereinafter referred to as "emulsion mixtures"), and waste oil;
6. The term "ballast water" means ballast water defined in subparagraph 2 of Article 2 of the Ballast Water Management Act;
7. The term "noxious liquid substance" means liquid substances (excluding oil) which adversely affect or are feared to adversely affect the marine environment and mixed liquid substances containing such substances, which are prescribed by Ordinance of the Ministry of Oceans and Fisheries;
8. The term "harmful substance in packaged form" means harmful substances transported by ship in packaged form, which are prescribed by Ordinance of the Ministry of Oceans and Fisheries as they adversely affect or are feared to adversely affect the marine environment when discharged into the sea;
9. The term "harmful anti-fouling paint" means paints used to restrict or prevent the attachment of organisms to ships, marine facilities, etc. (hereinafter referred to as "anti-fouling paints"), which are prescribed by Ordinance of the Ministry of Oceans and Fisheries as containing ingredients destroying organisms, such as organotin;
10. The term "persistent pollutant" means chemical substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, which continuously cause acute or chronic toxicity or are carcinogenic over a long period when flowing into the sea and accumulated in organisms;
11. The term "pollutant" means wastes, oil, noxious liquid substances, or harmful substances in package form which adversely affect or are feared to adversely affect the marine environment when flowing or discharged into the sea;
12. The term "ozone layer-depleting substance" means substances defined in subparagraph 1 of Article 2 of the Act on the Control, etc. of Manufacture of Specific Substances for the Protection of the Ozone Layer;
13. The term "air pollutant" means ozone layer-depleting substances, volatile organic compounds, air pollutants defined in subparagraph 1 of Article 2 of the Clean Air Conservation Act, and carbon dioxide among greenhouse gases defined in subparagraph 3 of the same Article;
14. The term "sulphur oxide emission control sea area" means the sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries, which need measures to specially control the emission of sulphur oxides from ships in order to prevent air pollution and adverse effects on land and sea resulting therefrom;
15. The term "volatile organic compound" means oil and noxious liquid substances among hydrocarbons, which fall under subparagraph 10 of Article 2 of the Clean Air Conservation Act;
16. The term "ship" means things (including those with an outboard motor) used or usable for navigation above or below water, and fixed or floating oil-prospecting ships, and platforms prescribed by Ordinance of the Ministry of Oceans and Fisheries;
17. The term "marine facility" means facilities or structures prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are continuously installed or placed in, or thrown into sea areas (including harbors defined in subparagraph 1 of Article 2 of the Harbor Act; hereinafter the same shall apply) or between a sea area and land;
18. The term "bilge water" means emulsion mixtures stagnating at the bottom of a ship;
19. The term "port management authority" means the management authorities under Article 20 of the Harbor Act, fishery harbor management authorities under Article 35 of the Fishing Villages and Fishery Harbors Act, and port authorities under the Port Authority Act;
20. The term "sea area management authority" means sea area management authority as defined in subparagraph 8 of Article 2 of the Act on Conservation and Utilization of the Marine Environment;
21. The term "ship energy efficiency" means the amount of energy used by a ship in connection with freight transportation, which is shown as carbon dioxide generation ratio;
22. The term "ship energy efficiency design index" means an index showing the amount of carbon dioxide emitted by a ship in transporting one ton of cargo one nautical mile, which is calculated by the method prescribed and publicly notified by the Minister of Oceans and Fisheries.
 Article 3 (Scope of Application)
(1) This Act shall apply to the management of the marine environment in the following sea areas, water zones, zones, ships, marine facilities, etc.: Provided, That the management of the marine environment (excluding inspections for research, academic, or policy-making purposes) and the prevention of marine pollution related to radioactive substances shall be governed by the Nuclear Safety Act: <Amended by Act No. 10911, Jul. 25, 2011; Act No. 14516, Dec. 27, 2016; Act No. 14605, Mar. 21, 2017>
1. Territorial sea provided for in the Territorial Sea and Contiguous Zone Act and sea areas prescribed by Presidential Decree;
3. Environmental management sea areas designated under Article 15;
4. Submarine mining areas designated pursuant to Article 3 of the Submarine Mineral Resources Development Act.
(2) This Act shall apply to the prevention of marine pollution caused by ships of the Republic of Korea defined in Article 2 of the Ship Act (hereinafter referred to as "Korean ships") outside the sea areas, water zones, and zones referred to in each subparagraph of paragraph (1).
(3) This Act shall apply where ships other than Korean ships (hereinafter referred to as "foreign ships") are sailing or anchored inside the sea areas, water zones and zones referred to in each subparagraph of paragraph (1): Provided, That Articles 32, 49 through 54, 54-2, 56 through 58, 60, 112, and 113 shall not apply to foreign ships on international voyages. <Amended by Act No. 11597, Dec. 18, 2012>
(4) Except as otherwise expressly provided for in this Act, the sulphur content standards for fuel oil under Article 44 and the quality standards for fuel oil under Article 45 shall be governed by the Petroleum and Alternative Fuel Business Act and the Clean Air Conservation Act.
(5) Except as otherwise expressly provided for in this Act, the disposal of pollutants shall be governed by the Wastes Control Act, the Water Environment Conservation Act, the Sewerage Act, and the Act on the Management and Use of Livestock Excreta. <Amended by Act No. 10803, Jun. 15, 2011; Act No. 14532, Jan. 17, 2017>
(6) Except as otherwise expressly provided for in this Act, the permissible emission levels of air pollutants, including nitrogen oxides, generated by the diesel engines of ships, shall be governed by the Clean Air Conservation Act.
 Article 4 (Relations with International Conventions)
Where the standards for the marine environment and marine pollution, which are determined by an international convention internationally in force, conflict with the matters provided for in this Act, the international convention shall prevail: Provided, That the same shall not apply to cases where the matters provided for in this Act contain higher standards than those in the international convention.
 Articles 5 through 7 Deleted. <by Act No. 14747, Mar. 21, 2017>
CHAPTER II MEASURES FOR PRESERVING AND MANAGING MARINE ENVIRONMENT
SECTION 1 Marine Environmental Inspection and Accuracy Control, etc.
 Article 8 Deleted. <by Act No. 14747, Mar. 21, 2017>
 Article 9 (Marine Environmental Measuring Network)
(1) In order to implement comprehensive inspection of marine environment pursuant to Article 18 (1) of the Act on Conservation and Utilization of the Marine Environment, the Minister of Oceans and Fisheries shall organize marine environmental measuring networks, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and measure the marine environment on a regular basis. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14747, Mar. 21, 2017>
(2) Any Mayor/Do Governor may separately organize marine environmental measuring networks fit for the waters under his/her jurisdiction, referring to the marine environmental measuring networks organized by the Minister of Oceans and Fisheries pursuant to paragraph (1). In such cases, when the Mayor/Do Governor intends to organize marine environmental measuring networks in the waters under his/her jurisdiction or change any details thereof, he/she shall give prior notice thereof to the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 10 (Korean Standard Method of Examination for Marine Environment)
The Minister of Oceans and Fisheries shall determine and publicly notify the Korean standard method of examination for the marine environment to ensure accuracy and consistency in surveys and assessments with regard to the marine environment, such as the organization, operation, etc. of marine environmental measuring networks under Article 9 (1). In such cases, if Korean Industrial Standards have been publicly notified under Article 12 (1) of the Industrial Standardization Act in connection with the Korean standard method of examination for the marine environment, the publicly notified Korean Industrial Standards shall prevail, except under special circumstances. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13084, Jan. 28, 2015; Act No. 14747, Mar. 21, 2017>
 Article 11 (Marine Environmental Information Networks)
(1) The Minister of Oceans and Fisheries shall build marine environmental information networks and provide information on the marine environment to citizens, as prescribed in Article 21 of the Act on Conservation and Utilization of the Marine Environment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14747, Mar. 21, 2017>
(2) If necessary to build marine environmental information networks under paragraph (1), the Minister of Oceans and Fisheries may request the heads of relevant administrative agencies to submit necessary data. In such cases, the heads of the relevant administrative agencies shall comply therewith, except under special circumstances. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Matters necessary for building, operating, and managing marine environmental information networks under paragraphs (1) and (2) and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 12 (Accuracy Control for Marine Environmental Measuring and Analyzing Institutes)
(1) With respect to the institutes prescribed by Presidential Decree, which measure and analyze the state of the marine environment (hereinafter referred to as "measuring and analyzing institute") to conduct accuracy control for marine environmental data under Article 22 of the Act on Conservation and Utilization of the Marine Environment, the Minister of Oceans and Fisheries may take necessary measures (hereinafter referred to as "accuracy control"), including evaluation of their measuring and analyzing capabilities, provision of relevant educational programs, verification of measurement and analysis-related materials, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries, to ensure accurate and reliable measurement and analysis of the marine environment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14747, Mar. 21, 2017>
(2) If deemed necessary upon accuracy control for a measuring and analyzing institute, the Minister of Oceans and Fisheries may order such institute to improve or supplement relevant equipment and devices or to take other necessary measures. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 12-2 (Criteria for Accuracy Control)
(1) The Minister of Oceans and Fisheries shall determine and publicly notify criteria for accuracy control (hereinafter referred to as “accuracy control criteria”) necessary with regard to the criteria and methods for surveying marine environment, processing obtained data, managing information, etc.
(2) Details of and methods for the accuracy control criteria and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 14747, Mar. 21, 2017]
 Article 12-3 (Accuracy Control Plans)
(1) To perform surveys of marine environment that meet the accuracy control criteria, to process obtained data, and to manage information, institutions designated by Presidential Decree to conduct comprehensive surveys of the marine environment (hereinafter referred to as “survey institution”) shall prepare plans necessary for accuracy control and obtain approval from the Minister of Oceans and Fisheries.
(2) To disseminate accuracy control criteria, the Minister of Oceans and Fisheries may guide survey institutions designated by Presidential Decree in planning for accuracy control, acquiring required skills, etc.
(3) Matters regarding the criteria for preparing accuracy control plans, verification of and procedures for implementation of accuracy control plans, etc., shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 14747, Mar. 21, 2017]
 Article 13 (Certification of Measuring and Analyzing Capabilities)
(1) The Minister of Oceans and Fisheries may certify the capabilities of a measuring and analyzing institute deemed in compliance with the measuring and analyzing standards prescribed by Ordinance of the Ministry of Oceans and Fisheries upon accuracy control. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall conduct regular accuracy control for measuring and analyzing institutes, the measuring and analyzing capabilities of which are certified under paragraph (1), every three years, and renew such certification accordingly: Provided, That where any changes are made to any details of the certified measuring and analyzing capabilities, which fall under the important matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, he/she shall conduct accuracy control at any time and renew the certification of measuring and analyzing capabilities accordingly. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) If a person whose measuring and analyzing capabilities have been certified falls under any of the following, the Minister of Oceans and Fisheries shall revoke his/her certification: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. If he/she has obtained the certification by fraud or other illegal means;
2. If he/she fails to comply with the measuring and analyzing standards under paragraph (1) upon accuracy control under paragraph (2);
3. Other cases in which the certification of measuring and analyzing capabilities is inappropriate and which fall under the grounds prescribed by Presidential Decree.
(4) Procedures for filing an application for the certification of measuring and analyzing capabilities under paragraphs (1) and (2), issuance of a certificate, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
SECTION 2 Designating Waters for Environmental Management
 Article 14 Deleted. <by Act No. 14747, Mar. 21, 2017>
 Article 15 (Designation and Management of Environmental Management Sea Areas)
(1) If deemed necessary to preserve and manage the marine environment, the Minister of Oceans and Fisheries may designate and manage environmental preservation sea areas and specially-managed sea areas (hereinafter referred to as "environmental management sea areas") as classified in the following. In such cases, he/she shall first consult with the heads of relevant administrative agencies: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14747, Mar. 21, 2017>
1. Environmental preservation sea areas: Any of the following sea areas prescribed by Presidential Decree (including land which directly affects marine pollution):
(a) Sea areas designated as specific-use areas for protecting and fostering fishery resources, from among the natural environmental conservation areas provided for in subparagraph 4 of Article 6 of the National Land Planning and Utilization Act;
(b) Sea areas which have the well-preserved marine environment and ecosystems and require continuous preservation;
2. Specially-managed sea areas: Sea areas prescribed by Presidential Decree, in which it is impracticable to meet the marine environmental standards under Article 13 (1) of the Act on Conservation and Utilization of the Marine Environment or there are substantial or potential obstacles to preserving the marine environment and ecosystems (including land which directly affects marine pollution).
(2) Where the results of the measurement and examination of the state of the marine environment and sources of pollution in an environmental preservation sea area fail to meet the marine environmental standards under Article 13 (1) of the Act on Conservation and Utilization of the Marine Environment, and thus it is deemed likely to cause a serious damage to the health of citizens or the birth and breeding of living things, the Minister of Oceans and Fisheries may restrict the installation or modification of facilities prescribed by Presidential Decree within the environment preservation sea area in question. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14747, Mar. 21, 2017>
(3) Where the results of the measurement and examination of the state of the marine environment and sources of pollution in a specially-managed sea area fail to meet the marine environmental standards under Article 13 (1) of the Act on Conservation and Utilization of the Marine Environment, and thus it is deemed likely to cause a serious damage to the health of citizens and the birth and breeding of living things, the Minister of Oceans and Fisheries may take the following measures: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14747, Mar. 21, 2017>
1. Restricting the installation or modification of facilities in the specially-managed sea area;
2. Controlling the total quantity of pollutants discharged from places of business located in the specially-managed sea area.
(4) Facilities, the installation or modification of which is restricted pursuant to each subparagraph of paragraph (3), details of restriction, scope of sea areas in which the total quantity of pollutants is controlled, items and method of control, and other necessary matters shall be prescribed by Presidential Decree.
 Article 16 (Formulating, etc. Master Plans for Environmental Management Sea Areas)
(1) With respect to environmental management sea areas, the Minister of Oceans and Fisheries shall formulate a master plan for environmental management sea areas, including the following, every five years, and shall formulate and implement a management plan by sea area which aims at environmental conservation in a specific sea area after customizing the master plan for environmental management sea areas. In such cases, he/she shall first consult with the heads of relevant administrative agencies: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
1. Matters concerning observation of the marine environment;
2. Matters concerning the examination and research of sources of pollution;
3. Matters concerning measures for the preservation and improvement of the marine environment;
4. Matters concerning assistance to residents, following environmental management;
5. Other matters prescribed by Presidential Decree, which are necessary for the management of environmental management sea areas.
(2) Master plans for environmental management sea areas shall be confirmed through deliberation by the Maritime Affairs and Fisheries Development Committee under Article 7 of the Framework Act on Marine Fishery Development. <Amended by Act No. 9454, Feb. 6, 2009; Act No. 10803, Jun. 15, 2011>
(3) When the Minister of Oceans and Fisheries has formulated a master plan for environmental management sea areas and management plans by sea area, he/she shall notify the heads of relevant administrative agencies thereof, and the heads of the relevant administrative agencies shall take necessary measures for the implementation thereof. <Amended by Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(4) If necessary to formulate and implement management plans by sea area, the Minister of Oceans and Fisheries may separately operate a project management task force, which is comprised of public officials belonging to relevant central administrative agencies and local governments, experts, etc. In such cases, matters necessary for its composition and operation shall be prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
 Article 17 Deleted. <by Act No. 9454, Feb. 6, 2009>
 Article 18 (Marine Environmental Improvement Measures)
(1) Any sea area management authority may take the following marine environmental improvement measures, as prescribed by Presidential Decree, if deemed necessary to prevent marine pollution caused by the inflow, spread, or accumulation, etc. of pollutants and to improve the marine environment: <Amended by Act No. 8852, Feb. 29, 2008; Amended by Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14516, Dec. 27, 2016>
1. Installation of facilities that prevent the inflow and spread of pollutants;
2. Collection and disposal of pollutants;
3. Collection of polluted sediments;
4. Other projects prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are necessary to improve the marine environment.
(2) Where a sea area or zone subject to marine environmental improvement measures referred to in paragraph (1) extends over the jurisdictions of at least two Mayors/Do Governors or in any other case prescribed by Presidential Decree, the Minister of Oceans and Fisheries may take marine environmental improvement measures referred to in paragraph (1) in sea areas or zones falling under any subparagraph of Article 3 (1). In such cases, the Minister of Oceans and Fisheries shall first consult with the relevant Mayors/Do Governors. <Newly Inserted by Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries may examine the sources of pollution in the marine environment in sea areas or zones referred to in the subparagraphs of Article 3 (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, if deemed necessary to preserve or manage the marine environment, or to prevent marine pollution. In such cases, the Minister of Oceans and Fisheries may request the head of a relevant administrative agency to jointly examine the polluted sea areas and facilities from which pollutants are discharged. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
(4) If deemed necessary upon examination of sources of pollution in the marine environment under paragraph (3), the Minister of Oceans and Fisheries may require a polluter referred to in Article 8 of the Act on Conservation and Utilization of the Marine Environment (hereinafter referred to as “polluter”) to take a marine environmental improvement measure referred to in any subparagraph of paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14747, Mar. 21, 2017>
(5) Methods for installing facilities preventing the inflow and spread of pollutants, methods for collecting and disposal of pollutants, methods for collecting polluted sediments, etc. in connection with the marine environmental improvement measures referred to in paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14516, Dec. 27, 2016>
SECTION 3 Marine Environmental Improvement Charges
 Article 19 (Marine Environmental Improvement Charges)
(1) The Minister of Oceans and Fisheries shall impose and collect a marine environmental improvement charge (hereinafter referred to as "charge") with respect to the following acts that have a significant impact on the marine environment and marine ecosystems: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Discharging wastes to the sea by a person who engages in the ocean waste discharge business under Article 70 (1) 1 (hereinafter referred to as “ocean waste discharge business entity”);
2. Discharging pollutants at least in the quantity prescribed by Presidential Decree from ships or marine facilities.
(2) No charge shall be imposed where the discharge of pollutants referred to in paragraph (1) 2 falls under any of the following cases: <Newly Inserted by Act No. 10803, Jun. 15, 2011>
1. Where such discharge is caused by a war, natural disaster, or a force majeure;
2. Where such discharge is caused only by the intention of a third person: Provided, That it shall be limited to cases where there is no defect in the installation and management of ships or marine facilities;
3. Where such discharge occurs outside sea areas or waters referred to in Article 3 (1) 1 and 2, which is the case prescribed by Presidential Decree.
(3) The kind and quantity of a pollutant discharged shall be considered in the calculation of a charge that is imposed by applying the imposition coefficients by the kinds of pollutants to the amount calculated by multiplying the quantity of the pollutant discharged by the amount of charge per unit. In such cases, the discharged quantity and the amount of charge imposed per unit on a pollutant, imposition coefficients by the kinds of pollutants, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 10803, Jun. 15, 2011>
(4) The Minister of Oceans and Fisheries may allow persons liable to pay such charges in installments. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(5) The Minister of Oceans and Fisheries shall contribute charges and surcharges collected under Article 20 (1) to the Fisheries Development Fund under Article 46 of the Framework Act on Fisheries and Fishing Villages Development (hereinafter referred to as "Fund"). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9626, Apr. 22, 2009; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13383, Jun. 22, 2015; Act No. 15012, Oct. 31, 2017>
(6) Procedures for the collection of charges under paragraphs (1) and (3), and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10803, Jun. 15, 2011>
 Article 20 (Compulsory Collection of Charges)
(1) Where a person liable to pay a charge fails to make payment by the due date, the Minister of Oceans and Fisheries shall collect a surcharge prescribed by Presidential Decree for the period from the date following the due date until the date of payment. In such cases, the surcharge shall not exceed 3/100 of the charge in arrears.
(2) Where a person liable to pay a charge fails to make payment by the due date, the Minister of Oceans and Fisheries shall demand the payment, setting a period of at least 30 days; and if he/she fails to pay the charge and the surcharge referred to in paragraph (1) within the specified period, they may be collected in the same manner as national taxes in arrears.
[This Article Wholly Amended by Act No. 15012, Oct. 31, 2017]
 Article 21 (Use of Charges)
The charges contributed to the Fund pursuant to Article 19 (5) shall be used for the following projects: <Amended by Act No. 10803, Jun. 15, 2011; Act No. 14516, Dec. 27, 2016>
1. Projects for the prevention of marine pollution and restoration of the marine environment;
2. Projects for the preservation and management of the marine environment;
3. Projects for providing assistance to business entities which use the ocean in an environment-friendly way and to residents in coastal areas;
4. Projects concerning the marine environmental improvement measures under Article 18 (1);
5. Marine environment-related research and development efforts;
6. Projects concerning examination, research, publicity and eduction on the marine environment;
7. Fishing industry support projects, such as providing assistance for fishermen suffering from marine pollution;
8. Projects prescribed by Presidential Decree as those necessary for developing technologies for eco-friendly vessels and using and distributing eco-friendly vessels;
9. Projects prescribed by Presidential Decree, which are related to the projects provided for in subparagraphs 1 through 8.
CHAPTER III REGULATIONS FOR PREVENTING MARINE POLLUTION
SECTION 1 General Rules
 Article 22 (Prohibition of Discharge, etc. of Pollutants)
(1) No person shall discharge pollutants from ships into the sea: Provided, That the same shall not apply in the following cases: <Amended by Act No. 8788, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 10272, Apr. 15, 2010; Act No. 11690, Mar. 23, 2013>
1. Where wastes are discharged according to the following classification:
(a) Where it is intended to discharge wastes generated during the sailing or mooring of a ship, such wastes shall be discharged in conformity with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;
(b) Where it is intended to discharge wastes prescribed by Ordinance of the Ministry of Oceans and Fisheries in a place in which it is intended to reclaim such wastes pursuant to Articles 28 and 35 of the Public Waters Management and Reclamation Act, such wastes shall be discharged in conformity with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. Where oil is discharged according to the following classification:
(a) Where a ship discharges oil, such oil shall be discharged in conformity with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries, in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;
(b) Where an oiler discharges its ballast water mixed with cargo oil, and cleaning water and bilge water from the cargo hold, such water shall be discharged in conformity with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries, in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;
(c) Where an oiler discharges its ballast water from the cargo hold, such water shall be discharged to satisfy the cleanness requirements prescribed by Ordinance of the Ministry of Oceans and Fisheries;
3. Where noxious liquid substances are discharged according to the following classification:
(a) Where a noxious liquid substance is discharged, it shall be discharged in conformity with the method of pre-treatment and discharge prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;
(b) Where ships' cleaned ballast water is discharged from a cargo hold (including facilities for discharging ballast water) used for the bulk transportation of noxious liquid substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, it shall be discharged in conformity with the method of purification prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) No person shall discharge pollutants generated in places prescribed by Presidential Decree, such as marine facilities, bathing beaches, and estuaries (hereinafter referred to as "ocean space"), into the sea: Provided, That the same shall not apply in the following cases: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Discharging wastes generated in marine facilities or ocean space (hereinafter referred to as "marine facilities, etc.") in conformity with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. Discharging oil or noxious liquid substances generated in marine facilities, etc. in conformity with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Notwithstanding paragraphs (1) and (2), pollutants generated in ships, marine facilities, etc. may be discharged into the sea in any of the following cases: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Where pollutants are inevitably discharged to ensure the safety of ships, marine facilities, etc. or to save lives;
2. Where pollutants are inevitably discharged due to damage to ships, marine facilities, etc.;
3. Where pollutants are inevitably discharged in an effort to minimize pollution damage by the method prescribed by Ordinance of the Ministry of Oceans and Fisheries in a pollution accident caused by ships, marine facilities, etc.
 Article 22-2 (Ratio of Waste Discharge)
(1) Any vessel owner (including lessees of vessels) who intends to discharge waste, generated while the vessel is on a voyage or at anchor, into the waters prescribed by the Ordinance of the Ministry of Oceans and Fisheries, shall comply with the requirement for waste discharge ratio (meaning the amount of waste discharged per hour in relation to the draft and velocity of the vessel: hereinafter the same shall apply) approved by the Minister of the Oceans and Fisheries in accordance with the Ordinance of the Ministry of Oceans and Fisheries.
(2) Such matters as the types of waste to be approved on the ratio of discharge under paragraph (1) and approval process for the ratio of discharge, etc. shall be prescribed by the Ordinance of the Ministry of Oceans and Fisheries.
[This Article is Newly Inserted by Act No. 14516, Dec. 27, 2016]
 Article 23 (Prohibition on Discharging Land-Based Wastes into Sea)
(1) No person shall discharge any land-based waste into the sea: Provided, That the Minister of Oceans and Fisheries may allow wastes prescribed by Ordinance of the Ministry of Oceans and Fisheries, the land disposal of which is impracticable, to be discharged into the sea in conformity with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries, within the extent not affecting the preservation and management of the marine environment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may permit an ocean waste discharge business entity to dispose of only the wastes, the ocean discharge of which may be allowed pursuant to the proviso to paragraph (1), and the entrusted disposal of which is reported by a person entrusting waste disposal pursuant to Article 76 (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries shall pre-inspect as to whether the waste in question falls under the wastes, the ocean discharge of which is allowed pursuant to the proviso to paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The Minister of Oceans and Fisheries may authorize a specialized inspection institution to conduct inspections under paragraph (3) on his/her behalf, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Procedures for filing an application for the designation as waste discharge sea areas and designation procedures under the proviso to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 24 (Marine Pollution Prevention Activities)
(1) The Minister of Oceans and Fisheries shall formulate and implement an ocean waste collection and disposal plan, as prescribed by Presidential Decree, in order to effectively collect and dispose of wastes (including wastes generated at sea; hereafter the same shall apply in this Article) discharged or flowing into the sea. In such cases, Mayors/Do Governors shall formulate and implement detailed action plans in accordance with the ocean waste collection and disposal plan. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Any sea area management authority may engage in examination or measurement activities prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as water analysis in ocean space, where deemed necessary to prevent pollution. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Any sea area management authority may operate ships or disposal facilities necessary to prevent pollution, such as collection, disposal, examination, and measurement of wastes under paragraphs (1) and (2).
(4) Any sea area management authority may impose on a polluter all or part of the expenses incurred in relation to the collection, disposal, or keeping of wastes under paragraph (1), as prescribed by Presidential Decree.
SECTION 2 Marine Pollution Prevention in Ships
 Article 25 (Installation, etc. of Waste Pollution Prevention Facilities)
(1) Every ship owner (in the case of leased ships, referring to ship lessees: hereinafter the same shall apply) prescribed by Ordinance of the Ministry of Oceans and Fisheries shall install facilities to store or dispose of wastes generated on the ship and prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as "waste pollution prevention facilities") in conformity with the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Every waste pollution prevention facility installed pursuant to paragraph (1) shall be maintained and operated in conformity with the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 26 (Installation, etc. of Oil Pollution Prevention Facilities)
(1) Every ship owner shall install facilities for preventing the discharge of oil generated on the ship (hereinafter referred to as "oil pollution prevention facilities") in his/her ship or provide a container to storage waste oil. In such cases, ships subject thereto, criteria for installation, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Every ship owner shall have a hull structure, etc. capable of preventing the discharge of oil in the event of collision or stranding of the ship or other marine accidents. In such cases, ships subject thereto, criteria for hull structures, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Every oil pollution prevention facility installed pursuant to paragraph (1) shall be maintained and operated in conformity with the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 27 (Installation, etc. of Noxious Liquid Substance Pollution Prevention Facilities)
(1) Every owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, which transports noxious liquid substances in bulk, shall install a facility to store or dispose of such noxious liquid substances on the ship or a facility to prevent marine pollution which may be caused by such noxious liquid substances (hereinafter referred to as "noxious liquid substance pollution prevention facility") in conformity with the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Every owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, which transports noxious liquid substances in bulk, shall install and maintain a cargo hold on the ship in conformity with the criteria set by Ordinance of the Ministry of Oceans and Fisheries in order to prevent the discharge of the noxious liquid substances in the event of collision or stranding of the ship or other marine accidents. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Every ship owner referred to in paragraph (1) shall prepare a guidebook on the method of and facilities for the discharge of noxious liquid substances in conformity with the criteria set by Ordinance of the Ministry of Oceans and Fisheries and provide it to the master of the ship after obtaining an approval seal from the Minister of Oceans and Fisheries thereto. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Every noxious liquid substance pollution prevention facility installed pursuant to paragraph (1) shall be maintained and operated in conformity with the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 28 (Restriction on Loading Ships' Ballast Water and Oil)
(1) No ship's ballast water shall be loaded in the cargo holds of the oilers prescribed by Ordinance of the Ministry of Oceans and Fisheries and fuel oil tanks of the ships prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to the cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, in which a trial run of a newly built ship is conducted and it is necessary to ensure the safety of a ship. <Amended by Act No. 8788, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) No oil shall be loaded in any tank installed in front of the forepeak tank and collision bulkhead of ships prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 29 (Transportation of Harmful Substances in Packaged Form)
Any person who intends to transport a harmful substance in packaged form by ship shall do so in accordance with the conditions of packing and marking, loading method, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 30 (Management of Ship Pollutant Registers)
(1) Every shipmaster (in the case of a towed ship, referring to the ship owner) shall keep registers as classified in the following (hereinafter referred to as "ship pollutant registers") on the ship (in the case of a towed ship, referring to the office of the ship owner) with respect to wastes, oil, and noxious liquid substances used, transported, or disposed of on the ship, and record the quantity of use, transportation, or disposal thereof: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. A waste register: A book which records the total quantity, etc. of wastes generated or disposed of on a ship in at least a specific size prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where a marine environmental management business entity prepares and keeps a ledger of disposal pursuant to Article 72 (1), the waste register shall be substituted by such ledger of disposal;
2. An oil register: A book which records the quantities of oil used and disposed of on a ship: Provided, That ships prescribed by Ordinance of the Ministry of Oceans and Fisheries shall be excluded, and in the case of oilers, the quantity of oil shipped shall be recorded in addition to the quantities of oil used and disposed of;
3. A noxious liquid substance register: A book which records the quantities of shipment and disposal of noxious liquid substances which are shipped in bulk.
(2) The ship pollutant registers shall be kept for three years from the last entries, and detailed entries, method of keeping, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 31 (Management, etc. of Contingency Plans for Marine Pollution by Ships)
(1) Every ship owner shall prepare a contingency plan for marine pollution caused by oil and noxious liquid substances (hereinafter referred to as "contingency plan for marine pollution by ships"), which includes measures to be taken in the event that oil or noxious liquid substances are discharged into the sea, and shall keep the plan on the ship after obtaining an approval seal from the Commissioner of the Korea Coast Guard and shall implement measures, etc. specified in the contingency plan for marine pollution by ships. <Amended by Act No. 11479, Jun. 1, 2012; Act No. 12844, Nov. 19, 2014; Act No. 14516, Dec. 27, 2016; Act No. 14839, Jul. 26, 2017>
(2) If a ship owner who has obtained an approval seal on a contingency plan for marine pollution by ships under paragraph (1) intends to modify any important matters in the contingency plan for marine pollution by ships prescribed by Ordinance of the Ministry of Oceans and Fisheries, he/she shall prepare a modified contingency plan for marine pollution by ships and keep it on the relevant ship after obtaining the approval seal from the Commissioner of the Korea Coast Guard. <Newly Inserted by Act No. 15012, Oct. 31, 2017>
(3) The scope of ships required to keep a contingency plan for marine pollution by ships, entries therein, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 32 (Managers Responsible for Prevention of Marine Pollution by Ships)
(1) Ship owners prescribed by Ordinance of the Ministry of Oceans and Fisheries shall appoint a crew member of the ship as a marine pollution prevention manager to manage the prevention of discharge of pollutants and air pollutants from the ship, assisting the shipmaster. In such cases, where ships transport noxious liquid substances in bulk, at least one more marine pollution prevention manager in charge of noxious liquid substances shall be appointed. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Every ship owner shall keep a document evidencing the appointment of a marine pollution prevention manager under paragraph (1) on the ship.
(3) If a marine pollution prevention manager becomes temporarily unable to perform his/her duties due to a trip, disease or any other reason, the ship owner who has appointed him/her pursuant to paragraph (1) shall appoint a substitute to perform the duties of the marine pollution prevention manager on his/her behalf. In such cases, the period during which the substitute performs the duties of the marine pollution prevention manager shall not exceed 30 days. <Newly Inserted by Act No. 15012, Oct. 31, 2017>
(4) A ship owner shall have a marine pollution prevention manager under paragraph (1) or the substitute for a marine pollution prevention manager under paragraph (3) direct and supervise the transfer or discharge of pollutants and air pollutants. <Newly Inserted by Act No. 15012, Oct. 31, 2017>
(5) Except as otherwise provided for in paragraphs (1) through (4), qualifications for, duties of, and matters to be observed by, a marine pollution prevention manager and his/her substitute, and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15012, Oct. 31, 2017>
 Article 32-2 (Management of Ship-to-Ship Oil Transfer)
(1) Every ship owner who intends to transfer oil cargos between oil tankers (hereinafter referred to as “ship-to-ship”) on the sea shall prepare a plan stating matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the transfer method (hereinafter referred to as "ship-to-ship oil transfer plan"), keep the plan in the ship after obtaining an approval seal from the Minister of Oceans and Fisheries, and comply with the plan during transfer. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Every shipmaster shall record matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, including the amount and time of transfer, on the oil register relating to the ship-to-ship oil transfer and keep the register for three years from the date of the last entry. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Every shipmaster who intends to engage in ship-to-ship oil transfer operations in a sea area or waters referred to in Article 3 (1) 1 and 2 shall first report the operation plan to the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Ships required to keep ship-to-ship oil transfer plans and procedures for obtaining the approval seal referred to in paragraph (1), the recording of ship-to-ship oil transfer operations referred to in paragraph (2), reporting items and methods referred to in paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10803, Jun. 15, 2011]
SECTION 3 Marine Pollution Prevention in Marine Facilities
 Article 33 (Reporting on Marine Facilities)
(1) The owner of a marine facility (including installers and operators, and where such facilities are leased, referring to the lessees of such facilities; hereinafter the same shall apply) shall report on such facility to the Minister of Oceans and Fisheries. In the event of any change to important matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such change shall also be reported on. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14516, Dec. 27, 2017>
(2) Items of reporting on marine facilities, important matters subject to reporting for change, relevant procedures and other matters under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14516, Dec. 27, 2016>
 Article 34 (Management of Marine Facility Pollutant Registers)
(1) The owners of marine facilities handling oil and noxious liquid substances, which are prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall keep an oil and noxious liquid substance register (hereinafter referred to as "marine facility pollutant register") in the facilities and record therein the quantities of oil and noxious liquid substances used, details regarding oil and noxious liquid substances brought into and out of the marine facilities, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) A marine facility pollutant register shall be kept for three years from the date of last entries, detailed entries, method of management, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 35 (Management, etc. of Contingency Plans for Pollution by Marine Facilities)
(1) The owner of a marine facility using and storing, or disposing of oil and noxious liquid substances shall prepare a contingency plan for marine pollution (hereinafter referred to as a "contingency plan for pollution by marine facilities") which includes measures to be taken in the event that oil and noxious liquid substances are discharged into the sea, keep it in the marine facility after obtaining an approval seal from the Commissioner of the Korea Coast Guard, and shall implement measures, etc. referred to in the contingency plan for pollution by marine facilities: Provided, That when it is impracticable to keep the contingency plan for pollution by marine facilities in the marine facility, it may be kept in the office of the owner of the marine facility. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14516, Dec. 27, 2016; Act No. 14839, Jul. 26, 2017>
(2) If the owner of a marine facility who has obtained an approval seal on a contingency plan for pollution by marine facilities under paragraph (1) intends to modify any important matters in the contingency plan for pollution by marine facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries, he/she shall prepare a modified contingency plan for pollution by marine facilities and keep it in the relevant marine facility or the office of the owner of the relevant marine facility after obtaining an approval seal from the Commissioner of the Korea Coast Guard. <Newly Inserted by Act No. 15012, Oct. 31, 2017>
(3) Those required to maintain a contingency plan for pollution by marine facilities, entries and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 36 (Managers Responsible for Prevention of Marine Pollution by Marine Facilities)
(1) The owner of a marine facility prescribed by Ordinance of the Ministry of Oceans and Fisheries shall appoint a marine pollution prevention manager to perform the duties to prevent discharge of pollutants from the marine facility, from among the employees working in the marine facility. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The owner of a marine facility shall keep a document evidencing the appointment of a marine pollution prevention manager in the marine facility: Provided, That when it is impracticable to keep an evidentiary document in the marine facility, it may be kept in the office of the owner of the marine facility.
(3) If a marine pollution prevention manager becomes temporarily unable to perform his/her duties due to a trip, disease or any other reason, the owner of a marine facility who has appointed him/her pursuant to paragraph (1) shall appoint a substitute to perform the duties of the marine pollution prevention manager on his/her behalf. In such cases, the period during which the substitute performs the duties of the marine pollution prevention manager shall not exceed 30 days. <Newly Inserted by Act No. 15012, Oct. 31, 2017>
(4) The owner of a marine facility shall have a marine pollution prevention manager under paragraph (1) or the substitute for a marine pollution prevention manager under paragraph (3) direct and supervise the transfer and discharge of pollutants and air pollutants. <Newly Inserted by Act No. 15012, Oct. 31, 2017>
(5) Except as otherwise provided for in paragraphs (1) through (4), qualifications for, duties of, and matters to be observed by, a marine pollution prevention manager and his/her substitute, and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 15012, Oct. 31, 2017>
 Article 36-2 (Safety Inspections of Marine Facilities)
(1) The owner of a marine facility related to oil and noxious liquid substances, which is prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall conduct a safety inspection of the marine facility.
(2) The owner of a marine facility who has conducted a safety inspection under paragraph (1) shall report, without delay, the result thereof to the Minister of Oceans and Fisheries, if requested by the Minister of Oceans and Fisheries or if any serious defect prescribed by Ordinance of the Ministry of Oceans and Fisheries is detected upon safety inspection. <Amended by Act No. 15012, Oct. 31, 2017>
(3) The owner of a marine facility who has conducted a safety inspection under paragraph (1) shall keep the results of the safety inspection for three years from the completion of the safety inspection. <Newly Inserted by Act No. 15012, Oct. 31, 2017>
(4) Where the safety of a marine facility referred to in paragraph (1) is deemed questionable due to a force majeure, natural disaster, or any other similar cause, the Minister of Oceans and Fisheries may conduct a safety inspection on his/her own. In such cases, the owner of the relevant marine facility shall actively cooperate therein.
(5) The owner of a marine facility referred to in paragraph (1) may authorize an agency specialized in safety inspections and equipped with facilities and equipment prescribed by Presidential Decree to conduct a safety inspection of the relevant facility on his/her behalf.
(6) Timing and methods for conducting safety inspections under paragraph (1), reporting items under paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 12549, Mar. 24, 2014]
SECTION 4 Collection and Disposal of Pollutants
 Article 37 (Collection and Disposal of Pollutants in Ships and Marine Facilities)
(1) The owner of a ship or marine facility shall require any of the following persons to collect and dispose of the substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the pollutants generated in the ship or marine facility: <Amended by Act No. 8371, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9872, Dec. 29, 2009; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 15012, Oct. 31, 2017>
1. An installer or operator of a pollutant storage facility under Article 38 (1);
2. A person who engages in oil hold cleaning business under Article 70 (1) 3 (hereinafter referred to as "oil hold cleaning business entity").
(2) Notwithstanding paragraph (1), the owner of any of the following ships or maine facilities may require a waste disposal business entity under Article 25 (8) of the Wastes Control Act to collect and dispose of wastes generated in the relevant ship or marine facility as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 15012, Oct. 31, 2017>
1. A marine facility (including a marine facility installed to connect a sea area to land) located on land;
2. A ship being built in the shipbuilding yard;
3. A ship undergoing a trial operation before filing registration under Article 8 (1) of the Ship Act or Article 13 (1) of the Fishing Vessels Act;
4. A small ship of less than 20 gross tons.
 Article 38 (Pollutant Storage Facilities)
(1) Any sea area management authority shall install and operate a facility to store pollutants discharged from ships or marine facilities or discharged into the sea (hereinafter referred to as "pollutant storage facility").
(2) Any sea area management authority shall prepare and manage a ledger to manage pollutants brought into and out of a pollutant storage facility (hereinafter referred to as "pollutants management ledger"). In such cases, matters concerning ledger entries, preservation period, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Detailed criteria for the installation and operation of pollutant storage facilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
SECTION 5 Examination of Persistent Organic Pollutants, etc.
 Article 39 (Examination of Persistent Pollutants, etc.)
(1) The Minister of Oceans and Fisheries shall measure and examine the actual conditions, extent, etc. of pollution by persistent pollutants, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, where the results of such measurement and examination show that there is a problem in the management of the marine environment, the Minister of Oceans and Fisheries shall take measures prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as prohibition on the use of, and request for restriction on the use of the relevant persistent pollutants. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15012, Oct. 31, 2017>
(2) The Minister of Oceans and Fisheries may request necessary materials from relevant administrative agencies, as prescribed by Presidential Decree, when conducting measurement or examination pursuant to paragraph (1). In such cases, the head of a relevant administrative agency shall comply therewith, except under special circumstances. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries shall determine and publicly notify the Korean standard methods of examination for persistent pollutants in order to ensure accuracy and consistency in conducting measurements and examinations under paragraph (1). In such cases, the publicly notified Korean standard methods of examination shall be deemed the Korean standard methods of examination for the marine environment referred to in Article 10. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15012, Oct. 31, 2017>
 Article 40 (Prohibition on Use of Harmful Anti-Fouling Paints, etc.)
(1) No person shall use harmful anti-fouling paints, or facilities, etc. using such paints (hereinafter referred to as "harmful anti-fouling system") for ships, marine facilities, etc.
(2) Any person who intends to use anti-fouling paints, or to install facilities, etc. using such paints (hereinafter referred to as "anti-fouling system") for or in ships, marine facilities, etc. shall comply with the criteria and methods prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
CHAPTER IV REGULATIONS FOR PREVENTION OF AIR POLLUTION AT SEA
 Article 41 (Installation of Facilities to Prevent Discharge of Air Pollutants, etc.)
(1) Each ship owner shall install a facility to prevent or reduce the discharge of air pollutants on the ship (hereinafter referred to as "air pollution prevention facility"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Each air pollution prevention facility installed pursuant to paragraph (1) shall be maintained and operated in conformity with the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 41-2 (Calculation, etc. of Ship Energy Efficiency Design Indices)
(1) A person who intends to build, or conduct any of the following remodeling jobs for, a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the ships of at least 400 gross tons and used for international voyage, shall install a propulsion engine with at least the minimum output determined and publicly notified by the Minister of Oceans and Fisheries and calculate the ship energy efficiency design index: <Amended by Act No. 11690, Mar. 23, 2013>
1. Remodeling to substantially change the length, width, depth, transport capacity, or engine output of a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. Remodeling to change the use of a ship;
3. Remodeling to extend the service life of a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
4. Remodeling, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, to substantially change the ship energy efficiency, such as a change exceeding the permissible level of the ship energy efficiency design index prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) No owner of any ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the ships referred to in paragraph (1), shall build or remodel a ship, the ship energy efficiency design index of which calculated under paragraph (1) exceeds the permissible level of the ship energy efficiency design index prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11597, Dec. 18, 2012]
 Article 41-3 (Keeping Ship Energy Efficiency Management Plans)
(1) The owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the ships of at least 400 gross tons and used for international voyage, shall prepare a plan stating the procedures and methods for the formulation, implementation, monitoring, evaluation, improvement, etc. of a plan for improving ship energy efficiency (hereinafter referred to as "ship energy efficiency management plan"), and keep it in the ship. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Details to be included in ship energy efficiency management plans, preparation method thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11597, Dec. 18, 2012]
 Article 42 (Regulation for Emission of Ozone Layer-Depleting Substances)
(1) No person shall emit (including emission generated during maintenance and repair or the placement of equipment or facilities of ships) ozone layer-depleting substances from ships: Provided, That the same shall not apply where ozone layer-depleting substances are leaked in the course of their retrieval.
(2) No ship owner shall equip the relevant ship with any installation containing ozone layer-depleting substances.
(3) When a ship owner removes any installation containing ozone layer-depleting substances, he/she shall deliver such facility to a company or organization designated and publicly notified by the Minister of Oceans and Fisheries. In such cases, the designated or publicly notified company or organization shall be equipped with retrieval facilities, accommodation facilities, etc. which meet the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The owner of a ship of at least 400 gross tons and used for international voyages shall prepare and manage a list of installations containing ozone layer-depleting substances. <Newly Inserted by Act No. 10803, Jun. 15, 2011>
(5) The owner of a ship referred to in paragraph (4) shall, when emitting ozone layer-depleting substances from the ship or replenishing the ship with ozone layer-depleting substances, prepare and keep a register which records the amount of the ozone layer-depleting substances, etc. (hereinafter referred to as "ozone layer-depleting substance register"). <Newly Inserted by Act No. 10803, Jun. 15, 2011>
(6) Entries in the ozone layer-depleting register referred to in paragraph (5) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
 Article 43 (Regulation on Emission of Nitrogen Oxides)
(1) No ship owner shall operate diesel engines prescribed by Ordinance of the Ministry of Oceans and Fisheries in excess of the permissible emission level of nitrogen oxides specified in Article 76 (1) of the Clean Air Conservation Act: Provided, That the same shall not apply to diesel engines mounted on ships for the purpose of any emergency, such as emergency ships and lifeboats, and on public ships for the purpose of national defense and public security, such as military vessels and fleets of the Korea Coast Guard: <Amended by Act No. 8404, Apr. 27, 2007; Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Notwithstanding paragraph (1), where it is possible to reduce the emission of nitrogen oxides below the permissible emission level referred to in the main sentence of paragraph (1) with the mounting of an exhaust fume-filter meeting the criteria set by Ordinance of the Ministry of Oceans and Fisheries, on a diesel engine, such diesel engine may be operated. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Such details as the time and method of applying permissible emission levels of nitrogen oxides for diesel engines referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
 Article 44 (Sulfur Content Standards for Fuel Oil, etc.)
(1) No ship owner shall use fuel oil exceeding the sulfur content standards prescribed by Presidential Decree in sea areas, other than sulfur oxides emission control sea areas.
(2) No ship owner shall use fuel oil exceeding the sulfur content standards prescribed by Presidential Decree in sulfur oxides emission control sea areas: Provided, That the same shall not apply where the quantity of sulfur oxide emissions is reduced to below the permissible emission level of sulfur oxides prescribed by Ordinance of the Ministry of Oceans and Fisheries, with the mounting of an exhaust fume-filter meeting the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Each ship owner shall record the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, including the replacement of fuel oil, in the engineer's logbook in the event that the ship navigates in sulfur oxides emission control sea areas. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Each ship owner shall keep the engineer's logbook referred to in paragraph (3) in the ship for one year from the supply of the relevant fuel oil.
(5) Each ship owner shall keep a procedure manual stating the methods for conversion of fuel oil (hereinafter referred to as "procedure manual for fuel oil conversion") in the ship, which must be followed by the ship using fuel oil with different sulphur content stored in different tanks to meet the sulphur content standards for fuel oil referred to in paragraph (2) before entering or leaving sulphur oxides emission control sea areas. <Newly Inserted by Act No. 10803, Jun. 15, 2011>
 Article 45 (Supply, Confirmation, etc. of Fuel Oil)
(1) None of the following persons who supplies fuel oil to ships (hereinafter referred to as "ship fuel oil supplier") shall supply ships with fuel oil which is below the quality standards for fuel oil prescribed by Presidential Decree or exceeds the standard sulfur content under Article 44 (1): <Amended by Act No. 15011, Oct. 31, 2017>
1. A person who is registered as a ship fuel oil supplier under Article 26-3 of the Harbor Transport Business Act;
2. Fisheries Cooperatives supplying tax-free fuel oil for the fishing industry pursuant to Article 106-2 of the Restriction of Special Taxation Act.
(2) Each ship fuel oil supplier shall prepare a fuel oil supply certificate which states sulfide compounds, etc. contained in the fuel oil, and provide a copy thereof to the ship owner together with a sample collected from the relevant fuel oil (hereinafter referred to as "fuel oil sample"): Provided, That the same shall not apply to ship fuel oil suppliers who supply fuel oil to small ships prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15011, Oct. 31, 2017>
(3) Every ship fuel oil supplier (excluding those referred to in the proviso to paragraph (2)) shall keep fuel oil supply certificates under paragraph (2) in his/her principal office for three years, and ship owners shall keep copies thereof in their ships for three years. <Amended by Act No. 15011, Oct. 31, 2017>
(4) Every ship owner shall keep fuel oil samples from the supply of fuel oil until the use-up of such fuel oil: Provided, That this period shall be one year if such period is less than one year.
(5) Matters regarding the form of the fuel oil supply certificate, management of fuel oil samples under paragraph (2), etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) Where any of the following applies to a foreign ship fuel oil supplier, the Minister of Oceans and Fisheries may notify the fact to the relevant administrative authorities of the country to which the foreign ship fuel oil supplier belongs and take other necessary measures: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15011, Oct. 31, 2017>
1. Where the foreign ship fuel oil supplier supplies fuel oil which is below the quality standards under paragraph (1) or exceeds the sulfur content standards;
2. Where the foreign ship fuel oil supplier is found to have supplied fuel oil different from that indicated in the fuel oil supply certificate.
 Article 46 (Prohibition on Shipboard Incineration, etc.)
(1) No person shall incinerate any of the following aboard a ship while the ship is sailing or anchored: Provided, That the same shall not apply to the substance referred to in subparagraph 5 in a shipboard incinerator prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
1. Residues of oil, noxious liquid substances, and harmful substances in packaged form, which are carried by freight, and packing materials contaminated with such substances;
2. Poly chlorinated biphenyl;
3. Wastes containing heavy metals above the permissible levels determined and publicly notified by the Minister of Oceans and Fisheries;
4. Refined petroleum products containing halogen compounds;
5. Polyvinyl chloride;
6. Wastes brought from land;
7. Residues in exhaust fume filters.
(2) Any ship owner, who intends to incinerate aboard the ship substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the substances generated while the ship is sailing or anchored, shall operate an incinerator installed on the ship (hereinafter referred to as "shipboard incinerator") by the method prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as maintaining an appropriate temperature to prevent the emission of air pollutants. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Notwithstanding paragraph (2), the substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the substances generated while the ship is sailing or anchored, may be incinerated in the main or auxiliary engine or boiler on the ship: Provided, That the same shall not apply to the sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as harbors and fishing port zones. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Shipboard incinerators shall be maintained in conformity with the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 47 (Emission Control, etc. for Volatile Organic Compounds)
(1) The Minister of Oceans and Fisheries may determine and publicly notify volatile organic compounds control ports to control the emission of volatile organic compounds from ships. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The owner of a marine facility, who installs a facility to load volatile organic compounds-containing oil or noxious liquid substances prescribed by Ordinance of the Ministry of Oceans and Fisheries on a ship in a volatile organic compounds control port designated pursuant to paragraph (1), shall install and operate an oil vapor emission control unit. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) When the owner of a marine facility referred to in paragraph (2) installs an oil vapor emission control unit, he/she shall first undergo an inspection conducted by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to air pollutant emission facilities, the installation of which is permitted or reported under Article 23 (1) of the Clean Air Conservation Act or volatile organic compounds emission facilities, the installation of which is reported under Article 44 (1) of the same Act. <Amended by Act No. 8404, Apr. 27, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The owner of a marine facility who has installed an oil vapor emission control unit under paragraph (2) shall keep a record of the operation of the oil vapor emission control unit, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, for three years from the date he/she starts operating such unit. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 47-2 (Management of Volatile Organic Compounds)
(1) The owner of an oiler transporting crude oil shall prepare a management plan which includes matters necessary to minimize the emission of volatile organic compounds when loading the oiler with freight or unloading freight from the oiler or on a voyage (hereinafter referred to as "volatile organic compounds management plan"), and keep such plan in the oiler after obtaining an approval seal from the Minister of Oceans and Fisheries, and shall comply with such plan. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Ships required to maintain volatile organic compounds management plans referred to in paragraph (1), entries therein, procedures for obtaining an approval seal, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10803, Jun. 15, 2011]
 Article 48 (Application Exceptions)
Articles 41, 42 through 47, and 47-2 shall not apply in any of the following cases: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11597, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013>
1. Where air pollutants are inevitably emitted to ensure the safety of ships and marine facilities, or to save lives;
2. Where air pollutants are inevitably emitted due to damage to ships or marine facilities, etc.;
3. Where air pollutants prescribed by Ordinance of the Ministry of Oceans and Fisheries are emitted in the course of exploiting and excavating submarine minerals on the seabed.
CHAPTER V INSPECTION OF SHIPS FOR PREVENTING MARINE POLLUTION, ETC.
 Article 49 (Regular Inspections)
(1) The owner of a ship on which waste pollution prevention facilities, oil pollution prevention facilities, noxious liquid substance pollution prevention facilities, and air pollution prevention facilities (hereinafter referred to as "marine pollution prevention facilities") must be installed or in which a hull structure referred to in Article 26 (2) and a cargo hold referred to in Article 27 (2) must be installed or maintained (hereinafter referred to as "ship subject to inspection") shall undergo an inspection conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "regular inspection"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, when he/she intends to use such marine pollution prevention facilities, hull, and cargo hold (hereinafter referred to as "marine pollution prevention facilities, etc.") for sailing for the first time after they are installed or when the term of validity under Article 56 expires. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue a certificate of marine pollution prevention inspection prescribed by Ordinance of the Ministry of Oceans and Fisheries to the ships that have passed a regular inspection. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 50 (Interim Inspections)
(1) The owner of a ship subject to inspection shall undergo an inspection conducted by the Minister of Oceans and Fisheries between regular inspections (hereinafter referred to as "interim inspection"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) With respect to the ships which have passed an interim inspection, the Minister of Oceans and Fisheries shall indicate the findings thereof in a certificate of marine pollution prevention inspection issued under Article 49 (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Details such as the types of interim inspection and matters to be inspected shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 51 (Extraordinary Inspections)
(1) When the owner of a ship subject to inspection intends to replace, remodel, or repair marine pollution prevention facilities, etc., he/she shall undergo an inspection conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "extraordinary inspection"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) With respect to the ships which have passed an extraordinary inspection, the Minister of Oceans and Fisheries shall indicate the findings thereof in a certificate of marine pollution prevention inspection issued under Article 49 (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 52 (Inspections for Temporary Sailing)
(1) When the owner of a ship subject to inspection intends to temporarily use the ship for voyage before a certificate of marine pollution prevention inspection is issued under Article 49 (2), he/she shall undergo an inspection conducted by the Ministry of Oceans and Fisheries (hereinafter referred to as "inspection for temporary sailing"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, for the relevant marine pollution prevention facilities, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue a temporary certificate of marine pollution prevention inspection prescribed by Ordinance of the Ministry of Oceans and Fisheries to a ship which has passed an inspection for temporary sailing. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 53 (Anti-Fouling System Inspections)
(1) When the owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries intends to use an anti-fouling system for voyage after installing it on the ship pursuant to Article 40 (2), he/she shall undergo an inspection conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "anti-fouling system inspection"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue an anti-fouling system inspection certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to a ship which has passed an anti-fouling system inspection. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) When the owner of a ship referred to in paragraph (1) intends to modify or replace an anti-fouling system, he/she shall undergo an inspection conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "temporary anti-fouling system inspection"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) With respect to ships which have passed a temporary anti-fouling system inspection, the Minister of Oceans and Fisheries shall indicate the findings thereof in the anti-fouling system inspection certificate under paragraph (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 54 (Preliminary Inspections, etc. of Air Pollution Prevention Facilities)
(1) Any person who intends to manufacture, remodel, repair, maintain, or import air pollution prevention facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries may undergo an inspection conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "preliminary inspection"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue a preliminary inspection certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to air pollution prevention facilities which have passed a preliminary inspection. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) With respect to air pollution prevention facilities which have passed a preliminary inspection, a regular inspection, interim inspection, extraordinary inspection, and inspection for temporary sailing provided for in Articles 49 through 52 may be fully or partially omitted, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Matters regarding the items of a preliminary inspection, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 54-2 (Energy Efficiency Inspections)
(1) The owner of a ship referred to in Article 41-2 (1) or the owner of a ship referred to in Article 41-3 (1) shall undergo an inspection on ship energy efficiency conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "energy efficiency inspection"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue an energy efficiency inspection certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to a ship which has passed an energy efficiency inspection. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Matters regarding the time for applying for an energy efficiency inspection, matters to be inspected, inspection methods, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11597, Dec. 18, 2012]
 Article 55 (Issuance of Inspection Certificates under International Agreements, etc.)
(1) When the owner or master of a ship which has passed a regular inspection, interim inspection, extraordinary inspection, inspection for temporary sailing, and anti-fouling system inspection (hereinafter referred to as "marine pollution prevention ship inspections") applies for the issuance of an inspection certificate in compliance with an international agreement on marine pollution prevention in order to use the ship for international voyage (hereinafter referred to as "inspection certificate under international agreement"), the Minister of Oceans and Fisheries shall issue an inspection certificate under the international agreement, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Where a ship owner or a ship master intends to obtain an inspection certificate under international agreement directly from the government of a foreign country which is a party to the international agreement (hereinafter referred to as "party to the agreement"), he/she shall apply therefor through the Korean consul residing in the relevant foreign country.
(3) Where the government of a country which is a party to the agreement applies for the issuance of an inspection certificate under international agreement for a ship belonging to the country, the Minister of Oceans and Fisheries may conduct the marine pollution prevention ship inspections with respect to the ship and issue an inspection certificate under international agreement to the ship owner or ship master. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) An inspection certificate under international agreement issued under paragraphs (1) through (3) shall be deemed to have the same effect as a marine pollution prevention inspection certificate and anti-fouling system inspection certificate.
 Article 56 (Validity of Marine Pollution Prevention Inspection Certificates, etc.)
(1) A marine pollution prevention inspection certificate, an anti-fouling system inspection certificate, an energy efficiency inspection certificate, and an inspection certificate under international agreement shall be valid for the following periods: <Amended by Act No. 11597, Dec. 18, 2012>
1. A marine pollution prevention inspection certificate: Five years;
2. An anti-fouling system inspection certificate: Permanent;
3. An energy efficiency inspection certificate: Permanent;
4. An inspection certificate under international agreement: Five years.
(2) The Minister of Oceans and Fisheries may extend the validity of a marine pollution prevention inspection certificate and an inspection certificate under international agreement under paragraph (1) within the scope prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The validity of a marine pollution prevention inspection certificate and an inspection certificate under international agreement of a ship which has failed to pass an interim inspection or extraordinary inspection shall be suspended until the ship passes the interim inspection or extraordinary inspection.
(4) The criteria for and method of computing the validity under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 57 (Voyage of Ships to Which Certificate of Marine Pollution Prevention Inspection, etc. is not Issued, etc.)
(1) No ship owner shall operate any ship for voyage, which is subject to inspection and to which a marine pollution prevention inspection certificate, temporary marine pollution prevention inspection certificate, anti-fouling system inspection certificate, or energy efficiency inspection certificate is not issued: Provided, That the same shall not apply where such ship makes a voyage to undergo a marine pollution prevention inspection, energy efficiency inspection, or shipbuilding inspection under Articles 7 through 12 of the Ship Safety Act. <Amended by Act No. 11597, Dec. 18, 2012>
(2) No ship owner shall operate any ship, to which an inspection certificate under international agreement is not issued, for international voyage.
(3) No ship owner shall operate any ship for voyage (including international voyage) in a manner violating any of the conditions indicated in the relevant marine pollution prevention inspection certificate, temporary marine pollution prevention inspection certificate, anti-fouling system inspection certificate, energy efficiency inspection certificate, and inspection certificate under international agreement (hereinafter referred to as "certificate of marine pollution prevention inspection, etc."): Provided, That the same shall not apply where a ship makes a voyage to undergo a marine pollution prevention ship inspection, energy efficiency inspection, or shipbuilding inspection under Articles 7 through 12 of the Ship Safety Act. <Amended by Act No. 11597, Dec. 18, 2012>
(4) Any ship owner to whom a certificate of marine pollution prevention inspection, etc. has been issued shall keep the certificate of marine pollution prevention inspection, etc. in the relevant ship.
 Article 58 (Measures against Noncompliant Ships)
(1) Where the Minister of Oceans and Fisheries deems that marine pollution prevention facilities, etc. and anti-fouling systems are not in compliance with the installation standards or technical standards under Articles 25 (1), 26 (1) and (2), 27 (1) and (2), 40 (2), and 41 (1), he/she may order the owner of the relevant ship to replace, remodel, change, or repair the marine pollution prevention facilities, etc. and antifouling systems or to take other necessary measures. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Where a ship owner intends to continuously use or uses his/her ship against an order of replacement, etc. issued to address a material defect in marine pollution prevention facilities, etc. and anti-fouling systems, from among the orders for improvement under paragraph (1), the Minister of Oceans and Fisheries may suspend the voyage of such ship: Provided, That the same shall not apply where any justifiable ground exists, such as the voyage of the ship to a harbor for repair in order to comply with the orders for improvement without any fear of marine pollution. <Amended by Act No. 9872, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013>
(3) In any of the following cases, the Minister of Oceans and Fisheries may order the relevant ship owner to take necessary measures, such as corrections, replacement, remodeling, keeping, etc.: <Amended by Act No. 11597, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013>
1. Where it is deemed that the ship energy efficiency fails to meet the calculation method or permissible level of the ship energy efficiency design index, or the minimum output of propulsion engine under Article 41-2;
2. Where a ship energy efficiency management plan is not in place.
 Article 59 (Port State Control for Marine Pollution Prevention)
(1) Where the Minister of Oceans and Fisheries deems that marine pollution prevention facilities, etc. or anti-fouling systems installed on a foreign ship in any harbor, port, or coastal areas of Korea or ship energy efficiency thereof are not in compliance with the technical standards under an international agreement on marine pollution prevention, he/she may order the master of the foreign ship to replace, remodel, change, repair, or improve the marine pollution prevention facilities, etc., anti-fouling systems, or systems related to ship energy efficiency, etc. or to take other necessary measures (hereinafter referred to as "port state control"). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11597, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013>
(2) Articles 68 through 70 of the Ship Safety Act shall apply mutatis mutandis to procedures for enforcing port state control.
 Article 60 (Re-inspection)
(1) Where a person who has undergone a marine pollution prevention ship inspection, preliminary inspection, or energy efficiency inspection has an objection to the results thereof, he/she may apply for re-inspection to the Minister of Oceans and Fisheries, stating the grounds therefor, within 90 days from the receipt of such results. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11597, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013>
(2) Upon receipt of an application for re-inspection pursuant to paragraph (1), the Minister of Oceans and Fisheries shall require a subordinate public official to conduct re-inspection and notify the applicant of the results thereof within 60 days: Provided, That under any unavoidable circumstances, the deadline for such notification may be extended for up to another 30 days. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) No person who has an objection to any marine pollution prevention ship inspection, preliminary inspection, or energy efficiency inspection shall institute an administrative litigation, without re-inspection under paragraphs (1) and (2): Provided, That the same shall not apply to the cases falling under Article 18 (2) and (3) of the Administrative Litigation Act. <Amended by Act No. 11597, Dec. 18, 2012>
CHAPTER VI MEASURES FOR RESPONDING TO MARINE POLLUTION
 Article 61 (Formulating and Implementing National Emergency Pollution Response Plan)
(1) The Commissioner of the Korea Coast Guard shall formulate and implement a national emergency pollution response plan to prevent and response to marine pollution, as prescribed by Presidential Decree, in preparation for cases where a pollutant prescribed by Ordinance of the Ministry of Oceans and Fisheries is feared to be or is discharged into the sea. In such cases, the Commissioner of the Korea Coast Guard shall first seek an opinion from the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The national emergency pollution response plan shall be confirmed after deliberation by the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development. <Amended by Act No. 9454, Feb. 6, 2009>
 Article 62 (Establishment of Pollution Response Headquarters, etc.)
(1) The Commissioner of the Korea Coast Guard shall exercise overall control over emergency pollution response to marine pollution accidents and may establish a pollution response headquarters under his/her jurisdiction. <Amended by Act No. 10803, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The Commissioner of the Korea Coast Guard shall report to the Minister of Oceans and Fisheries on the actions taken by the pollution response headquarters established pursuant to paragraph (1) and the results thereof, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Matters necessary for the composition, operation, etc. of the pollution response headquarters under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 10803, Jun. 15, 2011>
 Article 63 (Duty to Report on Discharge of Pollutants)
(1) Where a pollutant exceeding the permissible emission level prescribed by Presidential Decree is discharged or feared to be discharged into the sea, any of the following persons shall report thereon, without delay, to the Commissioner of the Korea Coast Guard or the chief of the relevant coast guard station: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. The master of a ship or the manager of a marine facility loaded with a pollutant, which is discharged or is feared to be discharged. In such cases, the same shall not apply where a person who has done an act which resulted in the discharge of the pollutant from the relevant ship or marine facility reports thereon;
2. A person whose act resulted in the discharge of a pollutant;
3. A person who has discovered the discharged pollutant.
(2) Matters regarding procedures for reporting, matters to be reported, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 64 (Pollution Response Measures upon Discharge of Pollutants)
(1) Any person who falls under Article 63 (1) 1 or 2 (hereinafter referred to as "person responsible for pollution response") shall take the following measures against discharged pollutants (hereinafter referred to as "pollution response measures"), as prescribed by Presidential Decree:
1. Prevention of discharge of pollutants;
2. Prevention of spread of discharged pollutants and removal thereof;
3. Collection and disposal of discharged pollutants.
(2) Where a pollutant is discharged from a ship located in a harbor or sea area adjacent to a harbor, any of the following persons shall actively cooperate with the person responsible for pollution response in taking pollution response measures:
1. Where the harbor concerned is used for loading the discharged pollutant, the consignor of the relevant pollutant;
2. Where the harbor concerned is used for unloading the discharged pollutant, the consignee of the relevant pollutant;
3. Where the pollutant is discharged while the ship is at her moorings, the manager of the relevant mooring facilities;
4. Other person whose act resulted in the discharge of the pollutant.
(3) Where a person responsible for pollution response fails to voluntarily take pollution response measures, the Commissioner of the Korea Coast Guard may order the person to take pollution response measures, setting a deadline. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Where a person responsible for pollution response fails to comply with an order to take pollution response measures under paragraph (3), the Commissioner of the Korea Coast Guard may take the pollution response measures on his/her own. In such cases, expenses associated with such pollution response measures shall be borne by the person responsible for pollution response, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(5) Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply mutatis mutandis to the collection of expenses incurred in directly taking pollution response measures pursuant to paragraph (4).
(6) Materials and chemicals used for taking pollution response measures against pollutants pursuant to paragraphs (1) through (4) shall be type-approved, verified, and recognized pursuant to Article 110 (4), (6), and (7) or verified pursuant to Article 110-2 (3): Provided, That the same shall not apply to materials used for pollution response measures against pollutants, which are recognized by the Commissioner of the Korea Coast Guard that such materials are needed for emergency pollution response measures and do not affect the marine environment. <Newly Inserted by Act No. 10803, Jun. 15, 2011; Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 65 (Measures to be Taken against Possible Discharge of Pollutants, etc.)
(1) Where pollutants are feared to be discharged from a ship or marine facility due to an accident, such as stranding, collision, sinking, or conflagration of the ship or marine facility, the owner or master of such ship or the owner of such marine facility shall take measures to prevent the discharge of pollutants, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Article 64 (3) and (4) shall apply mutatis mutandis to measures to prevent the discharge of pollutants under paragraph (1). In such cases, "person responsible for pollution response" shall be construed as "owner or master of a ship or the owner of a marine facility."
 Article 66 (Keeping Materials and Chemicals, etc.)
(1) The port management authority and owners of ships and marine facilities shall keep and maintain materials and chemicals used for pollution response against or prevention of pollutants in storage facilities or in the relevant ships and marine facilities. <Amended by Act No. 10803, Jun. 15, 2011>
(2) Materials and chemicals to be kept and maintained pursuant to paragraph (1) shall be type-approved, verified, and recognized pursuant to Article 110 (4), (6), and (7) or verified pursuant to Article 110-2 (3). <Amended by Act No. 10803, Jun. 15, 2011>
(3) The kinds, quantity, methods of keeping materials and chemicals required to be kept and maintained pursuant to paragraph (1), standards for storage facilities, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
 Article 67 (Placement, etc. of Pollution Response Vessels, etc.)
(1) The owner of any of the following ships or marine facilities shall place or install pollution response vessels or pollution response equipment (hereinafter referred to as "pollution response vessels, etc.") in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries in accordance with the criteria set by Presidential Decree in preparation for oil spills into the ocean: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15012, Oct. 31, 2017>
1. An oiler of at least 500 gross tons;
2. A ship of at least 10,000 gross tons (limited to ships, excluding oilers);
3. An oil storage facility with a capacity of at least 10,000 kiloliters, registered as a marine facility.
(2) Any person required to place or install pollution response vessels, etc. pursuant to paragraph (1) (hereinafter referred to as "person responsible for placement") may jointly do so or entrust the placement or installation thereof to the Korea Marine Environment Corporation under Article 96 (1), as prescribed by Presidential Decree. <Amended by Act No. 15012, Oct. 31, 2017>
(3) The Commissioner of the Korea Coast Guard may issue to the persons who have failed to place or install pollution response vessels, etc. an order aimed at prohibiting ships' entry into or departure from ports, or suspending the use of facilities. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Where pollutants are discharged or feared to be discharged from any ship or marine facility referred to in paragraph (1), the Commissioner of the Korea Coast Guard shall have a person responsible for placement take pollution response measures and measures to prevent discharge under Article 65. In such cases, when a person responsible for placement jointly places or installs pollution response vessels, etc. or entrusts the placement or installation thereof to the Korea Marine Environment Corporation pursuant to paragraph (2), he/she shall have the joint placer or installer, or the Korea Marine Environment Corporation jointly take pollution response measures and measures to prevent discharge. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15012, Oct. 31, 2017>
 Article 68 (Pollution Response Measures and Costs Bearing by Administrative Agencies)
(1) Where it is deemed that pollution response measures taken by the person responsible for pollution response, alone, are not enough to prevent large-scale spread of pollutants or that the emergency pollution response is required, the Commissioner of the Korea Coast Guard shall take pollution response measures on his/her own. <Amended by Act No. 10803, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Notwithstanding paragraph (1), the heads of the relevant local governments or administrative agencies as classified in the following subparagraphs shall take pollution response measures against oil stuck to pebbles, sand, etc. on the shore: <Newly Inserted by Act No. 10803, Jun. 15, 2011>
1. Where oil affects shores under the jurisdiction of the head of one Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) only: The head of the relevant Si/Gun/Gu;
2. Where oil affects shores under the jurisdictions of the heads of at least two Sis/Guns/Gus: The relevant Mayor/Do Governor. In such cases, where oil affects shores under the jurisdictions of at least two Mayors/Do Governors, the respective Mayors/Do Governors having their own jurisdictions;
3. Pollution response measures for shores on which military facilities and other facilities prescribed by Presidential Decree are installed: The head of the relevant facility management institution.
(3) When the head of a Si/Gun/Gu or a Mayor/Do Governor takes pollution response measures referred to in paragraph (2), the Commissioner of the Korea Coast Guard shall support him/her with materials, chemicals, pollution response equipment, personnel, technology, etc. required for pollution response. <Newly Inserted by Act No. 10803, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Expenses incurred in taking pollution response measures under paragraphs (1) and (2) may be borne by the owner of a ship or marine facility, as prescribed by Presidential Decree: Provided, That the same shall not apply in circumstances prescribed by Presidential Decree, including natural disasters. <Amended by Act No. 10803, Jun. 15, 2011>
(5) Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply mutatis mutandis to the collection of expenses borne under paragraph (4). <Amended by Act No. 10803, Jun. 15, 2011>
 Article 69 (Pollution Response Contributions)
(1) Any person responsible for placement shall pay a pollution response contribution required for marine pollution response measures, such as pollution response measures and measures for the prevention of discharge against oil spill accidents, etc. (hereinafter referred to as "pollution response contribution”). <Amended by Act No. 15012, Oct. 31, 2017>
(2) Pollution response contributions and surcharges under Article 69-2 (1) 3 shall be used for the projects under Article 97 (1) 3. <Amended by Act No. 15012, Oct. 31, 2017>
(3) Pollution response contributions shall be paid to the Korea Marine Environment Corporation under Article 96 (1), and matters regarding the criteria and procedure for the imposition of pollution response contributions under paragraphs (1) and (2) and others shall be prescribed by Presidential Decree. <Amended by Act No. 15012, Oct. 31, 2017>
 Article 69-2 (Compulsory Collection of Pollution Response Contributions and Surcharges)
(1) If a person liable to pay a pollution response contribution fails to make payment by the due date, the Korea Marine Environment Corporation under Article 96 (1) shall collect a surcharge prescribed by Presidential Decree for the period from the date following the due date until the date of payment. In such cases, the surcharge shall not exceed 3/100 of the amount of the pollution response contribution in arrears.
(2) Where a person liable to pay a pollution response contribution fails to make payment by the due date, the Korea Marine Environment Corporation shall demand payment, setting a period of at least 30 days; and if he/she fails to pay the pollution response contribution and the surcharge referred to in paragraph (1) within the specified period, they may be collected in the same manner as national taxes in arrears after obtaining approval therefor from the Minister of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 15012, Oct. 31, 2017]
 Article 69-3 (Submission of Data for Calculation, etc. of Pollution Response Contributions)
(1) For the purpose of the calculation, etc. of a pollution response contribution, the Korea Marine Environment Corporation under Article 96 (1) may request a person liable to pay the pollution response contribution to submit a manifest of the ship, data on the quantity of oil received in oil storage facilities, and other relevant data, as prescribed by Presidential Decree.
(2) A person requested to submit data under paragraph (1) shall comply with such a request, except in extenuating circumstances.
(3) Where necessary to verify the data submitted pursuant to paragraph (2), the Korea Marine Environment Corporation under Article 96 (1) may request the head of the related central administrative agency or the head of the related local government to submit necessary data.
[This Article Newly Inserted by Act No. 15012, Oct. 31, 2017]
CHAPTER VII MARINE ENVIRONMENTAL MANAGEMENT BUSINESS, ETC.
 Article 70 (Marine Environment Management Business)
(1) Any person who intends to run any of the following businesses (hereinafter referred to as "marine environmental management business") shall be registered with the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11597, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Ocean waste discharge business: Dumping wastes into the sea with ships, facilities, and equipment needed therefor;
2. Marine pollution prevention business: Removing pollutants which are discharged or feared to be discharged into the sea with facilities and equipment needed therefor;
3. Oil hold cleaning business: Cleaning the oil holds of ships or collecting the pollutants therefrom with facilities and equipment needed therefor prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are generated from ships or marine facilities (limited to cases where the marine facilities are storage facilities of oil or noxious liquid substances);
4. Ocean waste collection business: Collecting wastes with ships, equipment, and facilities needed for collecting wastes floating on the water surface or deposited on the seabed;
5. Deposited pollutants collection business: Dredging or collecting deposited pollutants with ships, equipment, and facilities needed therefor.
(2) Any person who intends to register a marine environmental management business shall have technical skills in the relevant fields, as prescribed by Presidential Decree, and have ships, equipment, facilities, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) When a person whose marine environmental management business has been registered pursuant to paragraph (1) (hereinafter referred to as "marine environmental management business entity") intends to make important changes to the matters registered prescribed by Ordinance of the Ministry of Oceans and Fisheries, he/she shall file for registration of such change, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 70-2 (Assistance, etc. for Ocean Waste Discharge Business Entities)
(1) Where an ocean waste discharge business entity referred to in Article 70 (1) 1 closes his/her business on any ground prescribed by Presidential Decree, such as prohibiting the discharge of land-based wastes into the sea, the Minister of Oceans and Fisheries may formulate and execute assistance measures, such as arranging an alternative business, providing business closure assistance funds, and arranging loans. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Details regarding assistance measures referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11479, Jun. 1, 2012]
 Article 71 (Grounds for Disqualification)
None of the following persons is eligible to register marine environmental management business: <Amended by Act No. 12662, May 21, 2014; Act No. 15012, Oct. 31, 2017>
1. A person under adult guardianship;
2. Deleted; <by Act No. 15012, Oct. 31, 2017>
3. A person for whom one year has not passed since his/her imprisonment with labor or heavier punishment for violating this Act was completely executed (including cases where the execution is deemed terminated) or since the non-execution of such sentence became final and conclusive;
4. A person for whom one year has not passed since the revocation of the registration for marine environmental management business (excluding any revocation made under subparagraph 1);
5. A corporation, any executive officer of which falls under subparagraph 1, 3 or 4.
 Article 72 (Duties of Marine Environmental Management Business Entities)
(1) Every marine environment management business entity shall prepare a statement with respect to ocean waste dumping, removal of pollutants, cleaning and collection of pollutants, collection of floating or deposited wastes, and dredging and collection of accumulated pollutants, etc., submit it to the Minister of Oceans and Fisheries or to the Commissioner of the Korea Coast Guard, and prepare a ledger to be kept in the relevant ship or facility. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) When a marine environmental management business entity collects pollutants from ships, or marine facilities, etc., he/she shall prepare a certificate of pollutants collection confirmation, as prescribed by Ordinance of the Ministry of Oceans and Fisheries and issue it to the relevant pollutants entrusting person. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Every ocean waste discharge business entity shall keep and manage wastes subject to ocean dumping, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and discharge wastes into the sea pursuant to the proviso to Article 23 (1), and shall prepare a waste transfer/takeover form prescribed by Ordinance of the Ministry of Oceans and Fisheries and submit it to the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
(4) Details regarding the method of preparation of and the period for keeping the statement of disposal results, the ledger of disposal, pollutants collection confirmation certificate, and the waste transfer/takeover form under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 73 (Orders for Disposal of Entrusted Wastes, etc.)
Where a marine environment management business entity (including suspension or closure of business) neglects to dispose of pollutants subject to disposal, such as wastes, the disposal of which is entrusted to him/her, as Commissioner of the Korea Coast Guard may order the appropriate disposal of such pollutants, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 74 (Succession, etc. of Marine Environmental Management Business)
(1) Where a marine environmental management business entity transfers his/her business to any other person or dies, or a corporate marine environmental management business entity merges with any other corporation, the transferee or successor of the business, or the corporation surviving the merger or the corporation resulting from the consolidation shall succeed to the rights and duties concerned.
(2) Any person who has fully taken over the installations or facilities of a marine environmental management business entity through an auction under the Civil Execution Act, conversion under the Debtor Rehabilitation and Bankruptcy Act, sale of seized property under the National Tax Collection Act, Customs Act, or Local Tax Collection Act, or other procedures equivalent thereto shall succeed to the rights and duties concerned. <Amended by Act No. 10219, Mar. 31, 2010; Act No. 14476, Dec. 27, 2016>
(3) Any person who has succeeded to the duties and rights of a marine environmental management business entity pursuant to paragraphs (1) and (2) shall report thereon to the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries within one month. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Article 71 shall apply mutatis mutandis to succession under paragraphs (1) and (2).
 Article 75 (Revocation, etc. of Registration)
(1) Where a marine environmental management business entity falls under any of the cases specified in the following subparagraphs, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may revoke the registration thereof or order the suspension of business (including the suspension of use of transportation ships or storage facilities only), within a given period of up to six months: Provided, That he/she shall revoke such registration where the marine environmental management business entity falls under any of the cases referred to in subparagraphs 1 through 4: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14516, Dec. 27, 2016; Act No. 14839, Jul. 26, 2017; Act No. 15012, Oct. 31, 2017>
1. Where the marine environmental management business entity falls under any subparagraph of Article 71: Provided, That the same shall not apply where a corporation which has an executive officer falling under subparagraph 1, 3 or 4 of Article 71 has replaced such executive officer within six months;
2. Where the marine environment management business entity has been registered, or registered for any change by fraud or other illegal means;
3. Where the marine environment management business entity is suspended for business on at least two occasions a year;
4. Where the marine environment management business entity conducts business activities during suspension;
5. Where the marine environment management business entity fails to comply with any terms and conditions of registration without any justifiable ground;
6. Where the marine environment management business entity violates any duty under Article 72;
7. Where the marine environment management business entity fails or refuses to comply with an order issued under Article 73;
8. Where the marine environment management business entity fails to conduct business activities within one year after registration or has no business performance for at least one year continuously without good cause.
(2) Detailed criteria for an administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, based on the type, severity, etc. of the relevant offense. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 76 (Duties, etc. of Persons Entrusting Waste Disposal)
(1) Any person who intends to entrust the disposal of wastes to an ocean waste discharge business entity shall report thereon to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the same shall apply to any change to important reported matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Any person who has reported on the entrustment of wastes for disposal pursuant to paragraph (1) (hereinafter referred to as "person entrusting waste disposal") shall measure the ingredients, concentration, weight, and volume of the wastes he/she intends to entrust for disposal, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and entrust the disposal thereof in conformity with the criteria for and method of disposal prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Any person entrusting waste disposal may allow a person capable of measuring wastes to measure the ingredients, concentration, weight, and volume of wastes under paragraph (2) on his/her behalf, as prescribed by Presidential Decree.
 Article 76-2 (Electronic Processing of Details, etc. of Waste Transfer/Takeover)
(1) The Minister of Oceans and Fisheries may build and operate an electronic information processing system to manage information on ocean waste discharge in a systematic and efficient manner. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where an ocean waste discharge business entity, from among marine environmental management business entities, submits a statement of disposal results under Article 72 (1) and a waste transfer/takeover form under Article 72 (3) using the electronic information processing system under paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, he/she shall be deemed to have performed his/her duty to submit and keep the relevant data. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 9872, Dec. 29, 2009]
CHAPTER VIII MARINE POLLUTION IMPACT SURVEYS
 Article 77 (Marine Pollution Impact Surveys)
(1) Where a pollutant is discharged into the sea from a ship or marine facility in at least the quantity prescribed by Presidential Decree, the owner of the ship or marine facility shall require a marine pollution impact survey institution to conduct a marine pollution impact survey.
(2) Marine pollution impact survey institutions referred to in paragraph (1) shall be designated and publicly notified by the Minister of Oceans and Fisheries in accordance with the criteria set by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where an entity required to conduct a marine pollution impact survey pursuant to paragraph (1) fails to do so within the period set by Presidential Decree or there is an urgent need for such survey, as prescribed by Presidential Decree, the Minister of Oceans and Fisheries shall select any other survey institution to conduct the marine pollution impact survey. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Where the Minister of Oceans and Fisheries intends to have a separate marine pollution impact survey conducted pursuant to paragraph (3), he/she shall submit the relevant matter for deliberation by the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9454, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013>
 Article 78 (Areas and Subject Matters of Marine Pollution Impact Survey)
A marine pollution impact survey shall be conducted for areas to be adversely affected by pollutants, such as the natural environment, living environment, and socio-economic environment, and detailed subject matters in each area shall be prescribed by Presidential Decree.
 Article 79 (Collection of Residents' Opinions)
(1) When preparing a survey report on marine pollution impact (hereinafter referred to as "marine pollution impact survey report"), any marine pollution impact survey institution shall hold an explanatory meeting or public hearing in advance to collect the opinions of the residents in the area subject to the survey and include them in the marine pollution impact survey report.
(2) When collecting residents' opinions pursuant to paragraph (1), any marine pollution impact survey institution shall draft a marine pollution impact survey report and provide the same to the residents for their prior confirmation.
 Article 80 (Survey Costs)
(1) Costs associated with marine pollution impact surveys under Article 77 (1) and (3) shall be borne by the owner of a ship or marine facility which caused a marine pollution accident, as prescribed by Presidential Decree: Provided, That the same shall not apply to cases falling under natural disasters and other causes prescribed by Presidential Decree.
(2) Costs associated with marine pollution impact surveys under Article 77 (3) shall be collected in the same manner as national taxes in arrears.
 Article 81 (Grounds for Disqualification of Survey Institutions)
None of the following persons shall be designated as a marine pollution impact survey institution: <Amended by Act No. 10803, Jun. 15, 2011; Act No. 12662, May 21, 2014; Act No. 14532, Jan. 17, 2017; Act No. 15012, Oct. 31, 2017>
1. A person under adult guardianship;
2. Deleted; <by Act No. 15012, Oct. 31, 2017>
3. A person for whom two years have not passed since the revocation of designation as a marine pollution impact survey institution (excluding any revocation made under subparagraph 1);
4. A person for whom one year has not passed since his/her imprisonment without labor or heavier punishment for violating this Act, the Water Environment Conservation Act, or the Clean Air Conservation Act was completely executed (including cases where the execution is deemed terminated) or since the non-execution of such sentence became final and conclusive;
5. A corporation, the representative of which falls under subparagraph 1, 3 or 4.
 Article 82 (Revocation of Designation as Survey Institutions, etc.)
(1) Where a marine pollution impact survey institution falls under any of the following, the Minister of Oceans and Fisheries may revoke the relevant designation or issue an order for business suspension of up to one year: Provided, That he/she shall revoke the relevant designation where such institution falls under any of the cases in subparagraphs 1 through 4: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15012, Oct. 31, 2017>
1. Where the marine pollution impact survey institution has obtained designation by fraud or other illegal means;
2. Where the marine pollution impact survey institution fails to meet the criteria for designation under Article 77 (2);
3. Where the marine pollution impact survey institution falls under any subparagraph of Article 81: Provided, That the same shall not apply where the representative of a corporation who falls under subparagraph 1, 3 or 4 of Article 81 is replaced within six months;
4. Where the marine pollution impact survey institution has experienced suspension of business on at least two occasions a year;
5. Where the marine pollution impact survey institution lends its authority to any other person or subcontracts a marine pollution impact survey to any other institution en bloc;
6. Where the marine pollution impact survey institution fails to conduct a thorough survey, either intentionally or by gross negligence.
(2) Detailed criteria for an administrative disposition referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, in consideration of the type, severity, etc. of the relevant offense. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 83 (Continuation of Business of Marine Pollution Impact Survey Institution Subject to Cancellation of Designation or Business Suspension)
(1) Any marine pollution impact survey institution subject to cancellation of designation or business suspension pursuant to Article 82 may continue its service for the marine pollution impact surveys, the contracts for which were concluded before being subjected to either of the above dispositions.
(2) Any marine pollution impact survey institution that continues to conduct an impact survey pursuant to paragraph (1) shall be deemed a marine pollution impact survey institution under this Act until its completion.
 Article 83-2 (Management of Sunken Ships)
(1) The Minister of Oceans and Fisheries shall take the following measures to prevent additional marine pollution accidents which may be caused by a ship sunken under the sea after any marine accident defined in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents (hereafter referred to as "sunken ship" in this Article): <Amended by Act No. 11690, Mar. 23, 2013>
1. Systemic management of information on the sunken ship;
2. Risk assessment with respect to possible marine pollution accidents by the sunken ship;
3. Implementation of risk-mitigation measures for the sunken ship.
(2) Where necessary, the Minister of Oceans and Fisheries may, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, request the Commissioner of the Korea Coast Guard to provide information that public officials belonging to the Korea Coast Guard have acquired in the course of performing their duties. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Expenses incurred in taking the measures referred to in paragraph (1) 3 shall be borne by the owner of a sunken ship, as prescribed by Presidential Decree: Provided, That where it is impracticable to identify the ship owner, the expenses may be covered by selling the relevant sunken ship, as prescribed by Presidential Decree.
(4) Methods for assessing risks under paragraph (1) 2, detailed methods and procedures for taking risk-mitigation measures under paragraph (1) 3, methods for calculating and paying expenses under paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11597, Dec. 18, 2012]
CHAPTER IX CONSULTATION ON UTILIZATION OF SEA AREAS
 Article 84 (Consultation on Utilization of Sea Areas)
(1) The head of an administrative agency who intends to grant any of the following licenses, permission, designation, etc. (hereinafter referred to as "license, etc.") (hereinafter referred to as "license-granting agency") shall first consult with the Minister of Oceans and Fisheries on the propriety of utilization of sea areas referred to in Article 20 of the Act on Conservation and Utilization of the Marine Environment and its impact on the marine environment (hereinafter referred to as "consultation on utilization of sea areas"), as prescribed by Presidential Decree, before granting such license, etc. In such cases, the business subject to sea area utilization impact assessment under Article 85 (1) shall be deemed to have undergone the consultation on utilization of sea areas: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10272, Apr. 15, 2010; Act No. 11690, Mar. 23, 2013; Act No. 14747, Mar. 21, 2017>
1. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act (excluding permission to occupy or use public waters following permission to extract marine aggregates and designation of marine aggregate complexes under subparagraphs 5 and 6) and a license to reclaim public waters under Article 28 of the same Act;
2. Deleted; <by Act No. 10272, Apr. 15, 2010>
3. A license for fishery business under Article 8 of the Fisheries Act: Provided, That this shall apply only to licenses for fishery business in sea areas prescribed by Presidential Decree;
4. Designation of prospective areas for extraction of marine aggregates under Article 21-2 of the Aggregate Extraction Act;
5. Permission to extract marine aggregates under Article 22 of the Aggregate Extraction Act;
6. Designation of marine aggregate extraction complexes under Article 34 of the Aggregate Extraction Act.
(2) Even where any other Act stipulates that permission to occupy or use or a license to reclaim public waters is deemed granted under the Public Waters Management and Reclamation Act, consultation on the utilization of sea areas shall be held in the application of paragraph (1) 1: Provided, That this shall not apply to any of the following: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10272, Apr. 15, 2010; Act No. 11690, Mar. 23, 2013; Act No. 14516, Dec. 27, 2016>
1. Business for taking emergency measures under Article 37 of the Framework Act on the Management of Disasters and Safety;
2. Business on which the Minister of National Defense consults with the Minister of Oceans and Fisheries as deemed necessary for confidentiality for military purposes or for urgent military operations, and which is determined and publicly notified by the Minister of Oceans and Fisheries.
(3) When a license-granting agency intends to consult on the utilization of sea areas with the Minister of Oceans and Fisheries pursuant to paragraph (1), it shall submit a sea area utilization consultation form prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) A license-granting agency may require a person who intends to engage in a business requiring a license, etc. (hereinafter referred to as "business subject to licensing"), which is subject to consultation on the utilization of sea areas pursuant to paragraph (1) (hereinafter referred to as "sea area utilization business entity"), to submit a separate form for sea area utilization consultation and may submit it in lieu of the sea area utilization consultation form referred to in paragraph (3). <Amended by Act No. 10803, Jun. 15, 2011>
(5) Any sea area utilization business entity may allow an assessment agent registered under Article 86 (1), on his/her behalf, to prepare sea area utilization consultation forms submitted to license-granting agencies pursuant to paragraph (4). <Newly Inserted by Act No. 10803, Jun. 15, 2011>
(6) The timing of consultation on the utilization of sea areas, and the method of preparing the sea area utilization consultation form under paragraphs (3) and (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 85 (Sea Area Utilization Impact Assessment)
(1) In consulting on the utilization of sea areas with the Minister of Oceans and Fisheries pursuant to Article 84, if the relevant business subject to licensing involves any of the following acts which is of at least the scale prescribed by Presidential Decree, a license-granting agency shall request the Minister of Oceans and Fisheries to assess its impact on the marine environment (hereinafter referred to as "sea area utilization impact assessment"): Provided, That this shall not apply to the businesses prescribed by Presidential Decree, from among those subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9037, Mar. 28, 2008; Act No. 9872, Dec. 29, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10803, Jun. 15, 2011; Act No. 10892, Jul. 21, 2011; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
1. Dredging or digging the bottom of public waters referred to in Article 8 (1) 3 of the Public Waters Management and Reclamation Act:
2. Extracting earth, sand, or stone in public waters referred to in Article 8 (1) 6 of the Public Waters Management and Reclamation Act;
3. Affecting the depth of public waters, by dumping earth and stone into public waters referred to in Article 8 (1) 8 of the Public Waters Management and Reclamation Act;
4. Extracting submarine minerals defined in subparagraph 1 of Article 2 of the Submarine Mineral Resources Development Act;
5. Extracting minerals referred to in subparagraph 1 of Article 3 of the Mining Industry Act from public waters;
6. Using and developing deep sea water defined in subparagraph 1 of Article 2 of the Development and Management of Deep Sea Water Act;
7. Extracting marine aggregates under Article 22 of the Aggregate Extraction Act;
8. Designating marine aggregate extraction complexes under Article 34 of the Aggregate Extraction Act;
9. Other acts prescribed by Presidential Decree, which affect the marine environment.
(2) Where a license-granting agency requests a sea area utilization impact assessment from the Minister of Oceans and Fisheries, it shall also submit a statement on sea area utilization impact assessment prepared by a person who intends to engage in the business subject to licensing, that requires the sea area utilization impact assessment under any subparagraph of paragraph (1) (hereinafter referred to as "business entity subject to assessment"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where a business entity subject to assessment prepares a statement on sea area utilization impact assessment pursuant to paragraph (2), he/she shall hold an explanatory meeting or public hearing, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and take necessary procedures, including the collection of opinions of interested persons. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(4) Where a business entity subject to assessment prepares a statement on sea area utilization impact assessment pursuant to paragraph (2), he/she may allow an assessment agent registered under Article 86 (1) to do so on his/her behalf.
(5) The details and method of preparing a statement on sea area utilization impact assessment, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 86 (Registration, etc. of Assessment Agents)
(1) Any person who intends to engage in the business of an agent to prepare sea area utilization consultation forms referred to in Article 84 (5) and statements on sea area utilization impact assessment referred to in Article 85 (4) (hereinafter referred to as "sea area utilization consultation form, etc.") shall file for registration with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree, being equipped with the skills, facilities, and equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the same shall also apply where a person registered as an agent to conduct the business of preparing sea area utilization consultation forms, etc. (hereinafter referred to as “assessment agent") intends to make changes to the registered important matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) When an assessment agent intends to close his/her business, he/she shall notify the Minister of Oceans and Fisheries of such fact. <Newly Inserted by Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
(3) Procedures for registration as assessment agents, procedures for issuing certificates of registration and notifying closure of business under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
 Article 87 (Grounds for Disqualification)
None of the following persons shall be registered as an assessment agent: <Amended by Act No. 12662, May 21, 2014; Act No. 15012, Oct. 31, 2017>
1. A person under adult guardianship;
2. Deleted; <by Act No. 15012, Oct. 31, 2017>
3. A person for whom two years have not passed since the revocation of registration as an assessment agent (excluding any revocation made under subparagraph 1);
4. A person for whom one year has not passed since his/her imprisonment with labor or heavier punishment for violating this Act was completely executed (including cases where the execution is deemed terminated) or since the non-execution of such sentence became final and conclusive;
5. A corporation, the representative director of which falls under subparagraph 1, 3 or 4.
 Article 88 (Matters to be Observed by Sea Area Utilization Business Entities, etc.)
Sea area utilization business entities and business entities subject to assessment (hereinafter referred to as "sea area utilization business entities, etc.") or assessment agents shall observe the following, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
1. Not to reproduce the contents of any other sea area utilization consultation forms, etc.;
2. To keep sea area utilization consultation forms, etc. for the period prescribed by Ordinance of the Ministry of Oceans and Fisheries;
3. Not to prepare false materials which serve as a basis for sea area utilization consultation forms, etc.;
4. Not to lend a registration certificate or the title thereof to any third person;
5. Not to subcontract, en bloc, tasks associated with sea area utilization consultation or sea area utilization impact assessment (hereinafter referred to as "sea area utilization consultation, etc.") contracted.
 Article 89 (Revocation, etc. of Registration of Assessment Agents)
(1) Where an assessment agent falls under any of the following, the Minister of Oceans and Fisheries may revoke his/her registration or issue an order for business suspension for up to six months: Provided, That he/she shall revoke the relevant registration where the assessment agent falls under any of the cases specified in subparagraphs 1, 3 through 5, and 5-2: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14516, Dec. 27, 2016; Act No. 15012, Oct. 31, 2017>
1. Where the assessment agent has obtained registration or registration for modification by fraud or other illegal means;
2. Where the assessment agent fails to meet the requirements for skills, facilities, and equipment under the former part of Article 86 (1);
2-2. Where the assessment agent fails to file for registration for change under the latter part of Article 86 (1);
3. Where the assessment agent falls under any subparagraph of Article 87: Provided, That the same shall not apply where the representative of a corporation who falls under subparagraph 1, 3 or 4 of Article 87 is replaced within six months;
4. Where the assessment agent fails to commence the business of sea area utilization consultation, etc. within two years after registration or continues to have no business performance on sea area utilization consultation, etc. for at least two consecutive years;
5. Where the assessment agent who has been subject to business suspension on two occasions for the past one year and repeats an act constituting a ground for business suspension;
5-2. Where the assessment agent conducts business activities (including the conclusion of contracts), such as sea area utilization consultation, etc. during business suspension;
6. Where the assessment agent violates Article 88;
7. Where the assessment agent falsely prepares a sea area utilization consultation form, etc. or submits a poorly prepared sea area utilization consultation form, etc. either intentionally or by gross negligence.
(2) Detailed criteria for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, in consideration of the types, severity, etc. of the relevant offenses. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 90 (Continuation of Business of Assessment Agent Subject to Cancellation of Registration or Business Suspension)
(1) Any assessment agent who has received a disposition of cancellation of registration or business suspension pursuant to Article 89 may continue to provide his/her service relating to the preparation of sea area utilization consultation forms, etc. contracted before receiving such disposition. <Amended by Act No. 10803, Jun. 15, 2011>
(2) Any assessment agent who continues to prepare sea area utilization consultation forms, etc. pursuant to paragraph (1) shall be considered to be an assessment agent under this Act until the completion of such business. <Amended by Act No. 10803, Jun. 15, 2011>
 Article 91 (Notification, etc. of Opinions)
(1) Upon receipt of a request for sea area utilization consultation, etc. from a license-granting agency, the Minister of Oceans and Fisheries shall examine the sea area utilization consultation forms, etc. submitted and notify the license-granting agency of his/her opinions thereon, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall seek an opinion from an agency in charge of impact review following the sea area utilization consultation, etc., which is prescribed by Presidential Decree (hereinafter referred to as "sea area utilization impact review agency") before notifying his/her opinions on the sea area utilization consultation, etc. pursuant to paragraph (1): Provided, That the same shall not apply to businesses prescribed by Presidential Decree, which have an insignificant impact on the marine environment, from among the businesses subject to sea area utilization consultation, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries shall first seek an opinion from the Minister of Environment before notifying his/her opinions on the sea area utilization consultations on the areas falling under Article 84 (1) 4 and 6, pursuant to paragraph (1), if the relevant prospective area for marine aggregate extraction and marine aggregate extraction complex include coastal areas (referring to the areas within one kilometer towards land and ten kilometers towards sea based on the coastline). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) When a license-granting agency, notified of the opinions on the sea area utilization consultation, etc., grants a license, etc., it shall notify the Minister of Oceans and Fisheries thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 92 (Raising Objections)
(1) Where a sea area utilization business entity, etc. or a license-granting agency has an objection against the opinion notified by the Minister of Oceans and Fisheries pursuant to Article 91, it may file an objection with the Minister of Oceans and Fisheries within 90 days, as prescribed by Presidential Decree. In such cases, the sea area utilization business entity, etc. shall file an objection via the license-granting agency. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) Upon receipt of an objection filed under paragraph (1), the Minister of Oceans and Fisheries shall examine whether the grounds for the objection are reasonable and notify the person who raised such objection of the results thereof within 60 days, as prescribed by Presidential Decree: Provided, That the deadline for notification may be extended for up to another 30 days under unavoidable circumstances. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 93 (Ex Post Facto Management)
(1) Where a license-granting agency grants a license, etc. without the sea area utilization consultation, etc., or grants a license, etc. without reflecting opinions on the sea area utilization consultation, etc., the Minister of Oceans and Fisheries may request the relevant license-granting agency to take necessary measures, such as revoking the relevant license, etc., suspending business, removing and suspending the operation of structures, and restoring them to their original state. In such cases, the license-granting agency in question shall comply therewith, except under special circumstances. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Any license-granting agency shall verify whether sea area utilization business entities, etc. implement the opinion of the Minister of Oceans and Fisheries on the sea area utilization consultation, etc. under Article 84 (1), and order them to take necessary measures, as prescribed by Presidential Decree, where the sea area utilization business entities, etc. fail to do so. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where any license-granting agency fails to verify whether the opinion on the sea area utilization consultation, etc. is being implemented or substantially delays such verification, the Minister of Oceans and Fisheries may verify it on his/her own, notwithstanding paragraph (2); and where deemed necessary to implement the opinion on sea area utilization consultation, etc., he/she may request the license-granting agency to order suspension of construction work or to take other necessary measures. <Newly Inserted by Act No. 12662, May 21, 2014>
(4) When performing verification on his/her own under paragraph (3), the Minister of Oceans and Fisheries may seek opinions from a relevant expert or a sea area utilization impact review agency, etc. or request him/her/it to conduct an on-site investigation, or may request a sea area utilization business entity, etc. or the head of a license-granting agency to submit related data. <Newly Inserted by Act No. 15012, Oct. 31, 2017>
(5) Upon receipt of a request from the Minister of Oceans and Fisheries pursuant to paragraph (3) or (4), a licensing-granting agency shall comply therewith, except in extenuating circumstances. <Newly Inserted by Act No. 12662, May 21, 2014; Act No. 15012, Oct. 31, 2017>
 Article 94 (Sea Area Utilization Consultation, etc. upon Revision of Business Plans)
(1) Where a sea area utilization business entity, etc. revises his/her business plan after obtaining a license, etc. from a license-granting agency, it shall again take the procedures for sea area utilization consultation, etc: Provided, That in cases where such revision has an insignificant impact on the marine environment as prescribed by Presidential Decree, such procedures shall be omitted. <Amended Act No. 10803, Jun. 15, 2011>
(2) Articles 84, 85, and 91 through 93 shall apply mutatis mutandis to the details of and procedures for sea area utilization consultation, etc. under the main sentence of paragraph (1). <Amended by Act No. 10803, Jun. 15, 2011>
 Article 95 (Marine Environmental Impact Surveys, etc.)
(1) Any sea area utilization business entity, etc. shall survey the impact on the marine environment (hereinafter referred to as "marine environmental impact survey"), which may be caused by the business activities conducted after obtaining a license, etc. and notify the results thereof to the relevant license-granting agency and the Minister of Oceans and Fisheries. In such cases, the sea area utilization business entity, etc. may have an assessment agent conduct such marine environmental impact survey on his/her behalf. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Oceans and Fisheries deems that damage has been caused to the marine environment in light of the marine environmental impact survey results notified pursuant to paragraph (1), he/she shall allow the license-granting agency to take measures to reduce such damage to the marine environment, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as changing construction methods or reducing business size. In such cases, the license-granting agency shall notify the Minister of Oceans and Fisheries of the results of such measures. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
(3) Deleted. <by Act No. 8852, Feb. 29, 2008>
(4) Matters regarding business activities subject to a marine environmental impact survey pursuant to paragraph (1), the items and period of the survey, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 11479, Jun. 1, 2012>
CHAPTER X KOREA MARINE ENVIRONMENT CORPORATION
 Article 96 (Establishment of Corporation)
(1) The Korea Marine Environment Corporation (hereinafter referred to as the "Corporation") shall be established to carry out projects for the preservation, management, and improvement of the marine environment, marine pollution response projects, and projects for marine environment- and marine pollution-related technical development, education and training, etc. <Amended by Act No. 15012, Oct. 31, 2017>
(2) The Corporation shall be a legal entity.
(3) The Corporation may have branch offices, business offices, research institutes, educational institutes, etc., as prescribed by the articles of association.
 Article 97 (Projects)
(1) The Corporation shall carry out the projects in each of the following subparagraphs:
1. Projects for the preservation and management of the marine environment;
2. Projects for the improvement of the marine environment specified in each of the following items:
(a) Collection and disposal of pollutants;
(b) Installation and operation of pollutants storage facilities, and trust management;
(c) Salvaging and towing of ships to prevent the discharge of pollutants;
(d) Marine environment-related testing, survey, research, design, development and supervision of construction;
3. Projects for responding to marine pollution detailed in each of the following items:
(a) Performance of marine pollution response duties, and placement and installation of pollution response vessels, etc. (including cases where such work is entrusted or executed vicariously);
(b) Provision of materials and chemicals necessary for marine pollution response, installation of storage facilities for such materials and chemicals, etc. (including cases where such work is entrusted or executed vicariously);
(c) Other projects prescribed by Presidential Decree, which are related to marine pollution response;
4. Projects incidental to those referred to in subparagraphs 1 through 3, which are prescribed by the articles of association;
5. Marine environment-related international cooperation and technical outsourcing;
6. Education and training, and PR on the marine environment;
7. Projects entrusted by the State or local governments in relation to subparagraphs 1 through 6;
8. Other projects prescribed by Presidential Decree, which are necessary to achieve the objective of the establishment of the Corporation.
(2) Where necessary for the preservation and management of the marine environment in performing the projects under paragraph (1), the Corporation may install facilities prescribed by Presidential Decree or transfer installed facilities to another person.
 Article 98 (Articles of Association)
(1) The following shall be included in the articles of association of the Corporation:
1. Objectives;
2. Name;
3. Matters concerning the principal office, branch offices, business offices, or research institutes;
4. Matters concerning the qualifications of executive officers and employees;
5. Matters concerning the board of directors;
6. Matters concerning business affairs and the execution thereof;
7. Matters concerning property and accounting;
8. Matters concerning the method of amending the articles of association and method of giving public notice;
9. Matters concerning the enactment and amendment of internal rules and regulations.
(2) The Corporation shall obtain authorization for the articles of association from the Minister of Oceans and Fisheries. The same shall apply to any amendment to the articles of association of the Corporation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 99 (Executive Officers)
(1) The executive officers of the Corporation shall consist of five to nine directors, including one president, and one auditor. In such cases, the fixed number of the directors shall be prescribed by the articles of association.
(2) The directors referred to in paragraph (1) shall consist of four standing directors and remaining non-standing directors.
(3) The Minister of Oceans and Fisheries shall appoint the president and the auditor. In such cases, the Minister of Oceans and Fisheries may dismiss the president or auditor even during his/her term of office if it is deemed difficult for them to perform their duties. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The president shall appoint directors, upon approval from the Minister of Oceans and Fisheries. In such cases, where it is deemed impracticable for any director to perform his/her duties, the president may dismiss the director even during his/her term of office. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Each executive officer shall hold office for a term of three years, and may be re-appointed for further terms.
 Article 100 (Duties of Executive Officers)
(1) The president shall represent the Corporation and exercise overall control over its affairs.
(2) The directors shall assist the president and take partial charge of the business affairs of the Corporation, as prescribed by the articles of association, and act for the president in the order prescribed by the articles of association if the president is unable to perform his/her duties due to unavoidable circumstances.
(3) The auditor shall audit the business affairs and accounts of the Corporation.
 Article 101 (Grounds for Disqualification of Executive Officers)
(1) None of the following persons shall become an executive officer: <Amended by Act No. 12662, May 21, 2014>
1. A person who is not a national of the Republic of Korea;
2. A person under adult guardianship or a person under limited guardianship;
3. A bankrupt who has not yet been reinstated;
4. A person for whom two years have not passed since his/her imprisonment without labor or heavier punishment was completely executed (including cases where the execution is deemed terminated) or since the non-execution of such sentence became final and conclusive;
5. A person who is under the suspension of the sentence of imprisonment without labor or heavier punishment;
6. A person who has been disqualified or whose qualification has been suspended by a court ruling or under other Acts.
(2) Any executive officer who falls under any provisions of paragraph (1), or is proven to fall under any provisions of paragraph (1) as at the time he/she was appointed as an executive officer, shall automatically resign.
(3) Any act done by an executive officer who retired from office pursuant to paragraph (2) before his/her retirement shall remain in effect.
 Article 102 (Board of Directors)
(1) The board of directors shall be established in the Corporation to resolve on important matters concerning the business affairs of the Corporation.
(2) The board of directors shall be comprised of the president and directors, and the president shall convene the meetings of the board of directors and preside over such meetings.
(3) The board of directors shall pass a resolution with the attendance of a majority of the registered members and the consent of a majority of those present.
(4) The auditor may appear at the meetings of the board of directors and state his/her opinions.
(5) Matters necessary for the operation of the board of directors shall be prescribed by Presidential Decree.
 Article 103 (Sources of Finance)
The funds needed to operate the Corporation and carry out its projects shall be financed by each of the following: <Amended by Act No. 15012, Oct. 31, 2017>
1. Pollution response contributions and surcharges under Article 69-2 (1);
2. Profits coming from the projects under Article 97;
3. Loans from outside lenders under Article 104 (3);
4. Funds created by the issue of bonds under Article 106;
5. Fees under Article 122 (2);
6. Earnings from asset management;
7. Subsidies from the Government;
8. Contributions under relevant statutes;
9. Other revenues prescribed by the articles of association.
 Article 104 (Investments, etc.)
(1) The Corporation may make investments or donations in the fields related to the projects referred to in Article 97 upon a resolution by the board of directors, if necessary to efficiently perform its projects.
(2) Matters necessary for making investments or donations under paragraph (1) shall be prescribed by Presidential Decree.
(3) The Corporation may borrow funds (including borrowing funds from international organizations, foreign governments, or foreigners), if deemed necessary to carry out the projects referred to in Article 97. In such cases, it shall obtain approval from the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 105 (Gratuitous Lending of State or Public Property)
Notwithstanding the State Property Act, Commodity Management Act, Local Finance Act, and Public Property and Commodity Management Act, the State or a local government may gratuitously lend State or public property to the Corporation or permit the Corporation to use State or public property for profit, for a period of up to five years. <Amended by Act No. 14516, Dec. 27, 2016>
[This Article is effective until June 27, 2027 pursuant to Article 2 of the Addenda to Act Number 14516 (December 27, 2016)]
 Article 106 (Issuance of Bonds)
(1) The Corporation may issue bonds upon a resolution by the board of directors. In such cases, it shall obtain approval from the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall first consult with the Minister of Strategy and Finance before granting approval for the issuance of bonds under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The State may guarantee the redemption of the principal and interest accrued from the bonds issued by the Corporation.
(4) The validity of such bonds shall be five years for the principal and two years for interest, commencing from the date of redemption.
(5) Other matters necessary for issuing bonds shall be prescribed by Presidential Decree.
 Article 107 (Budget, Settlement of Accounts, etc.)
(1) The fiscal year of the Corporation shall coincide with that of the Government.
(2) The Corporation shall obtain approval for its business plan and budget for each fiscal year from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. The same shall apply to any modification to the approved matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The Corporation shall prepare a balance sheet of the settlement of accounts within three months after the end of each fiscal year and submit it to the Minister of Oceans and Fisheries for approval. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 108 (Guidance and Supervision over Affairs)
(1) The Minister of Oceans and Fisheries shall provide guidance and supervision over the affairs of the Corporation, and may give the Corporation directions or orders regarding its business affairs, if deemed necessary: Provided, That the Commissioner of the Korea Coast Guard may, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, provide guidance and supervision in connection with emergency pollution response measures, from among the projects referred to in Article 97 (1) 3. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Oceans and Fisheries may require the Corporation to report on its affairs, accounting, and property or require a subordinate public official to inspect its books, documents, and others, if deemed necessary. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 109 (Civil Act Applicable Mutatis Mutandis)
Except as otherwise provided for in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Corporation.
CHAPTER XI SUPPLEMENTARY PROVISIONS
 Article 110 (Type Approval, etc. for Marine Environment Measuring Apparatus, etc.)
(1) Any person who intends to manufacture or import the equipment and apparatus necessary to measure, analyze, or examine the state of the marine environment under Article 12 (1) (hereinafter referred to as "marine environment measuring apparatus") shall obtain type approval from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to the manufacture and import of marine environment measuring apparatus for purposes of testing, research, or development, which are confirmed by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
(2) Any person who intends to use marine environment measuring apparatus shall undergo an accuracy inspection conducted by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and any person who intends to supply or use standard substances, such as a standard solution and standard gas (hereinafter referred to as "correctional article"), which are used for such inspection, shall obtain verification from the Ministry of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Any person who intends to manufacture, produce, or import marine pollution prevention facilities (excluding noxious liquid substance pollution prevention facilities), anti-fouling systems, and shipboard incineration facilities (hereinafter referred to as "facilities subject to type approval") prescribed by Ordinance of the Ministry of Oceans and Fisheries shall obtain type approval from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to the manufacture, production, or import of facilities subject to type approval for purposes of testing, research, or development, which are confirmed by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
(4) Any person who intends to manufacture, produce, or import materials or chemicals used for removing or preventing pollutants pursuant to Article 66 (1) shall obtain type approval from the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to the manufacture, production, or import of materials or chemicals used for response to or prevention of pollutants for purposes of testing, research, or development, which are confirmed by the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(5) Any person who intends to obtain type approval under paragraphs (1), (3), and (4), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall first undergo a performance test of marine environment measuring apparatus, facilities subject to type approval, or materials or chemicals, which is conducted by the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(6) Where a person who has obtained type approval under paragraphs (1), (3), and (4) manufactures, produces, or imports marine environment measuring apparatus, facilities subject to type approval, or materials or chemicals, he/she shall obtain verification for each article from the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. In such cases, any facility subject to type approval, or material or chemical granted verification shall be deemed to have passed an inspection first conducted, from among the marine pollution prevention ship inspections. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(7) Any person who installs a facility subject to type approval, or provides and keeps materials or chemicals on a ship in a country which is a party to the agreement shall obtain recognition from the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, articles so recognized shall be deemed to have obtained type approval, or to have undergone a performance test and verification under paragraphs (3) through (5). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(8) Article 60 shall apply mutatis mutandis to any objection against verification for facilities subject to type approval, or for materials and chemicals provided for in paragraph (6). In such cases, "inspection" and "re-inspection" in Article 60 shall be construed as "verification" and "re-verification," respectively. <Amended by Act No. 11479, Jun. 1, 2012>
(9) Where a person who has obtained type approval under paragraphs (1), (3), and (4) falls under any of the following, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may revoke such approval, or issue an order for business suspension of up to six months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That he/she shall revoke such approval if the person falls under subparagraph 1 or 2: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14516, Dec. 27, 2016; Act No. 14839, Jul. 26, 2017>
1. Where he/she has obtained type approval by fraud or other illegal means;
2. Where he/she has obtained verification by fraud or other illegal means;
3. Where he/she has sold marine environment measuring apparatus, facilities subject to type approval, or materials and chemicals, which fail to meet the required standards;
4. Where he/she has not conducted business for at least two consecutive years without justifiable grounds.
 Article 110-2 (Certification of Performance)
(1) Any person who intends to manufacture, produce, or import materials or chemicals to prevent or control pollutants, other than the materials and chemicals provided for in Article 110 (4) (hereinafter referred to as "materials or pollutants excluded from type approval"), may obtain certification of performance from the Commissioner of the Korea Coast Guard in accordance with the procedures and methods prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14516, Dec. 27, 2016; Act No. 14839, Jul. 26, 2017>
(2) Any person who intends to obtain certification of performance under (1) shall first undergo a performance test conducted by the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, on the materials or pollutants excluded from type approval. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14516, Dec. 27, 2016; Act No. 14839, Jul. 26, 2017>
(3) Where a person who has obtained certification of performance pursuant to paragraph (1) manufactures, produces, or imports the certified materials or pollutants excluded from type approval, he/she shall obtain verification from the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14516, Dec. 27, 2016; Act No. 14839, Jul. 26, 2017>
(4) Where a person who has obtained certification of performance pursuant to paragraph (1) falls under any of the following cases, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may revoke the relevant certification of performance, as prescribed by Ordinance of the Prime Minister or Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Where he/she has obtained such certification of performance by fraud or other illegal means;
2. Where he/she has obtained the relevant verification by fraud or other illegal means;
3. Where he/she has not conducted business for at least two consecutive years without justifiable grounds.
[This Article Newly Inserted by Act No. 10803, Jun. 15, 2011]
 Article 110-3 (Succession of Status of Person Granted Type Approval, etc.)
(1) Any of the following persons shall succeed to the status of a person who has obtained type approval under Article 110 (1), (3) or (4) or certification of performance under Article 110-2 (1) (hereafter referred to as "business entity" in this Article):
1. Where a business entity transfers the business, the transferee of the business;
2. Where a business entity dies, the successor of the business;
3. Where a business entity who is a corporation merges with any other corporation, the corporation surviving the merger or resulting from the consolidation.
(2) A person who has succeeded to the status of a business entity pursuant to paragraph (1) shall file a report thereon with the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries within one month from the date of succession.
[This Article Newly Inserted by Act No. 15012, Oct. 31, 2017]
 Article 111 (Reporting, etc. on Dismantling of Ships)
(1) Any person who intends to dismantle a ship shall prepare a work plan to prevent the discharge of pollutants in the course of the dismantling process, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and report it to the Commissioner of the Korea Coast Guard by not later than seven days before the commencement of dismantling: Provided, That the same shall not apply where a ship is dismantled by the methods prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as dismantling conducted on land. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Where a work plan reported pursuant to paragraph (1) is deemed insufficient or is deemed not implemented, the Commissioner of the Korea Coast Guard may issue an order for correction as necessary. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Any sea area management authority may establish and operate a ship dismantling yard which conforms to the criteria for facilities and is equipped with apparatus, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries for the dismantling of neglected ships and their smooth disposal. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 112 (Acting as Agent in Performing Duties, etc.)
(1) The Minister of Oceans and Fisheries may allow the Korea Ship Safety Technology Authority provided for in Article 45 of the Ship Safety Act (hereinafter referred to as the "Korea Ship Safety Technology Authority") or a ship-classifying corporation provided for in Article 60 (2) of the same Act (hereinafter referred to as "ship-classifying corporation") to act as agent in performing the following duties. In such cases, the Minister of Oceans and Fisheries shall conclude an agreement, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11597, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14516, Dec. 27, 2016>
1. Issuing approval for the ratio of discharge under Article 22-2;
1-2. Issuing approval seals for guidebooks on the methods and facilities for discharging noxious liquid substances provided for in Article 27 (3);
1-3. Issuing approval seals for ship-to-ship oil transfer plans under Article 32-2 (1);
2. Conducting inspections of oil vapor discharge control units provided for in Article 47 (3);
2-2. Issuing approval seals for volatile organic compounds management plans under Article 47-2 (1);
3. Conducting inspections and preliminary inspections of marine pollution prevention ships and energy efficiency inspections: Provided, That the designation of an agent to inspect a facility for preventing the discharge of nitrous oxides from a diesel engine, from among air pollution prevention facilities, shall be first consulted on with the Minister of Environment;
4. Issuing marine pollution prevention inspection certificates provided for in Article 49 (2), temporary marine pollution prevention inspection certificates provided for in Article 52 (2), anti-fouling system inspection certificates provided for in Article 53 (2), preliminary inspection certificates provided for in Article 54 (2), energy efficiency inspection certificates provided for in Article 54-2 (2), and inspection certificates under the international agreements provided for in Article 55 (1);
5. Extending the validity of marine pollution prevention inspection certificates and of inspection certificates under the international agreements provided for in Article 56 (2).
(2) The Commissioner of the Korea Coast Guard may allow the Korea Ship Safety Technology Authority or a ship-classifying corporation to act as agent in performing duties regarding the approval seal for contingency plans for marine pollution by ships. In such cases, the Commissioner of the Korea Coast Guard shall conclude an agreement, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may allow an agent who meets the criteria for designation prescribed by Ordinance of the Ministry of Oceans and Fisheries and determined and publicly notified by the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard to act as agent in performing duties regarding the type approval, accuracy inspections, performance tests, verification, and recognition provided for in Article 110 (1), (2), and (4) through (7), and performance tests and verification provided for in Article 110-2 (2) and (3). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Matters regarding the requirements for designation, and guidance and supervision of agents provided for in paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 113 (Cancellation of Designation as Agents, etc. in Performing Duties)
(1) Where any of the following applies to an agent under Article 112 (1) through (3), the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may cancel the relevant agreement or designation as agent: Provided, That if subparagraph 1 applies to the agent, such agreement or designation shall be cancelled: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Where the agency agreement or designation of agent is concluded or made by fraud or other illegal means;
2. Where the agent fails to meet any of the requirements for designation under Article 112 (4) (limited to the designation of an agent);
3. Where the agent fails to act as agent in performing duties for at least three months without justifiable grounds;
4. Where the person who performs duties as agent violates any provisions of the agreement concluded in relation to such duties.
(2) Notwithstanding paragraph (1), where a person designated as an inspection agent through consultation under the proviso to Article 112 (1) 3 violates any provisions of the agreement under Article 112 (1), the Minister of Environment may request the Minister of Oceans and Fisheries to cancel the relevant agreement. In such cases, the Minister of Oceans and Fisheries shall comply therewith, except under extenuating circumstances. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Matters necessary for cancelling agency agreements or designation of agents under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 114 (Cooperation of Relevant Administrative Organs)
(1) Sea area management authorities or the Commissioner of the Korea Coast Guard may, where deemed necessary to achieve the objective of this Act, request the head of a relevant administrative organ to provide data and information needed for marine environmental management or marine pollution prevention, and mobilize personnel and equipment for urgent marine pollution prevention, respectively. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The Corporation may, where necessary to conduct its businesses under Article 97, request relevant administrative organs to render necessary cooperation such as perusal, reproduction, etc. of data or information.
(3) The heads of the relevant administrative organs requested to render cooperation by sea area management authorities, the Commissioner of the Korea Coast Guard, or the Corporation pursuant to paragraphs (1) and (2) shall comply therewith, in the absence of special circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 115 (Entrance for Inspection, Reporting, etc.)
(1) The Minister of Oceans and Fisheries may, as prescribed by Presidential Decree, allow a subordinate public official to enter a ship to verify and inspect the related documents, facilities, equipment, and fuel oil. <Amended by Act No. 9872, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may, as prescribed by Presidential Decree, allow a subordinate public official to request necessary materials or a report from any of the following persons and to enter the facilities (including business places and offices; hereafter the same shall apply in this Article) for verification and inspection or to inspect the related documents, facilities, or equipment: <Amended by Act No. 15011, Oct. 31, 2017; Act No. 15012, Oct. 31, 2017>
1. The owner of a marine facility (excluding the duties prescribed in Articles 34 through 36, 66 and 67);
2. A ship fuel oil supplier;
3. The owner of a marine facility which has installed oil vapor discharge control units under Article 47 (2);
4. A person who engages in the ocean waste discharge business, deposited pollutants collection business, ocean waste collection business, and deposited pollutants collection business under Article 70 (1) 1, 4 and 5;
5. A person entrusting waste disposal;
6. A person who has obtained type approval under Article 110 (3).
(3) The Commissioner of the Korea Coast Guard may, as prescribed by Presidential Decree, allow a subordinate public official (applicable only to public officials designated as marine environmental guards under Article 116; hereafter the same shall apply in this Article) to request necessary materials or a report from any of the following persons, and to enter the facilities for verification and inspection or to inspect the related documents, facilities, or equipment: <Amended by Act No. 15012, Oct. 31, 2017>
1. The owner of a marine facility (applicable only to the duties provided for in Articles 34 through 36, 66 and 67);
2. A persons who engages in the marine pollution prevention business or oil hold cleaning business under in Article 70 (1) 2 or 3.
(4) Notwithstanding paragraph (1), where an emergency prescribed by Presidential Decree occurs aboard a ship in connection with marine pollution, the Commissioner of the Korea Coast Guard may allow a subordinate public official to enter the ship for verification or inspection or to inspect the related documents, facilities, or equipment. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(5) Any public official who makes an entrance for inspection, etc. under paragraphs (1) through (4) shall carry a certificate indicating his/her authority and present it to interested persons, and shall inform them of the purpose of entrance, his/her name, etc. in detail. <Amended by Act No. 9872, Dec. 29, 2009>
(6) No interested person, such as a ship owner, shall refuse, interfere with, or evade the entrance for inspection, request for materials, reports, etc. by public officials under paragraphs (1) through (4) without justifiable grounds. <Amended by Act No. 9872, Dec. 29, 2009>
(7) With respect to the entrance for inspection, and reports, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may build and use computer networks to deal with affairs, including guidance and inspections, advance notice of inspections, and notification of the inspection results, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9872, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 116 (Marine Environmental Guards)
(1) The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may designate subordinate public officials as marine environmental guards to perform the duties under Article 115 (1) through (4). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9872, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Matters regarding appointment, qualifications, duties, etc. of marine environmental guards under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 9872, Dec. 29, 2009>
 Article 117 (Stopping, Search, Seizure of Ships, Prohibition of Ships from Entry into or Departure from Ports, etc.)
Where it is deemed that a ship is suspected of violating this Act, sea area management authorities or the Commissioner of the Korea Coast Guard may stop, search, and seize the ship or prohibit the ship from entering into or departing from a port, or issue necessary orders or take necessary measures. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 118 (Confidentiality, etc.)
(1) No current or former executive officer or employee of an assessment agent or a sea area utilization impact review agency shall divulge or wrongfully use confidential information he/she has become aware of in the course of performing his/her duties regarding preparation of sea area utilization consultation forms, etc. and sea area utilization impact review. <Amended by Act No. 10803, Jun. 15, 2011>
(2) No current or former executive officer or employee of the Corporation shall divulge or wrongfully use confidential information he/she has become aware of in the course of performing his/her duties.
(3) No current or former executive officer or employee of an institution or organization which acts as an agent in performing duties under Article 112 shall divulge or wrongfully use confidential information he/she has become aware of in the course of performing such duties.
 Article 119 (Subsidies from National Treasury, etc.)
(1) Where a local government takes any of the following measures, subsidies may be granted from the National Treasury to fully or partially cover the associated expenses:
1. Marine environmental improvement measures under Article 18;
2. Operation of ships or disposal facilities to collect and dispose of wastes under Article 24 (3);
3. Installation and operation of pollutant storage facilities under Article 38 (1).
(2) The State may provide a financial support to cover the expenses incurred in installing or improving marine pollution prevention facilities, pollutant storage facilities, and other marine pollution prevention facilities.
(3) The State or a local government may provide support to civil organizations which work for the preservation and management of the marine environment and marine pollution prevention, as prescribed by Presidential Decree.
 Article 119-2 (Monetary Rewards for Reporting)
(1) The Minister of Oceans and Fisheries, the Commissioner of the Korea Coast Guard, a Mayor/Do Governor, or the head of a Si/Gun/Gu may pay a monetary reward, within budgetary limits, to those who report any of the following persons to the competent administrative agency or investigative agency: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. A person who discharges pollutants generated from a ship or marine facilities, etc., in violation of Article 22 (1) or (2);
2. A person who discharges wastes into the sea, other than the sea area prescribed by Ordinance of the Ministry of Oceans and Fisheries, in violation of Article 23 (1).
(2) Standards, methods, and procedures for the payment of the monetary reward under paragraph (1), the specific amount to be paid, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9872, Dec. 29, 2009]
 Article 120 (Hearings)
The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard shall hold a hearing, as prescribed by the Administrative Procedures Act, in order to impose any of the following dispositions: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Revocation of certification of measuring and analyzing capabilities under Article 13 (3);
2. Revocation of registration under Article 75;
3. Revocation of designation under Article 82;
4. Revocation of registration under Article 89;
5. Revocation of type approval under Article 110 (9);
6. Revocation of certification of performance under Article 110-2 (4).
 Article 121 (Education and Training for Marine Pollution Prevention Managers, etc.)
(1) The Minister of Oceans and Fisheries may operate education or training programs so that the marine pollution prevention managers referred to in Articles 32 and 36 or the technical staff engaging in the marine environmental management business under Article 70 (2) may receive education or training on marine pollution prevention and pollution response.
(2) Any person who has appointed a marine pollution prevention manager under Articles 32 and 36, and any person who has employed technical staff engaging in the marine environmental management business under Article 70 (2) shall have the relevant employees receive education and training referred to in paragraph (1) at least once every five years, as prescribed by Presidential Decree: Provided, That where such employees are aboard a ship, such education and training may be postponed for up to one year, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Wholly Amended by Act No. 14516, Dec. 27, 2016]
 Article 122 (Fees)
(1) Any person who intends to obtain or receive type approval, accuracy inspection, certification, approval seal, approval (limited to the approval for the ratio of discharge referred to in Article 22-2), inspection, performance test, verification, recognition, and certification of performance under this Act shall pay required fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14516, Dec. 27, 2016; Act No. 14839, Jul. 26, 2017>
(2) The Corporation may collect fees for the provision of materials and chemicals, pollution response, or the placement and installation of pollution response vessels, etc. as prescribed by the articles of association in order to conduct its businesses under Article 97.
(3) Any agent designated under Article 112 who executes type approval, accuracy inspection, approval seal, approval (limited to the approval for the ratio of discharge referred to in Article 22-2), inspection, performance test, verification, and recognition may collect fees. In such cases, prior approval shall be obtained from the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14516, Dec. 27, 2016; Act No. 14839, Jul. 26, 2017>
 Article 123 (Delegation and Entrustment)
(1) The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may delegate or entrust part of his/her authority under this Act to the head of an agency under his/her jurisdiction, the head of another administrative agency, or the head of a local government, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) A Mayor/Do Governor may delegate part of his/her authority under this Act to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(3) The Minister of Oceans and Fisheries and Mayor/Do Governor may entrust the following duties to the president of the Corporation: <Amended by Act No. 11597, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14516, Dec. 27, 2016>
1. Organizing marine environmental measuring networks and regularly measuring the state of the marine environment under Article 9 (1);
2. Building marine environmental information networks, providing marine environmental information, and requesting the submission of related materials under Article 11;
3. Accuracy control for measuring and analyzing institutes under Article 12 (1);
4. Managing marine environmental improvement measures under Article 18 (1);
5. Operating ships or disposal facilities under Article 24 (3);
6. Installing and operating pollutant storage facilities under Article 38 (1);
7. Installing and operating storage facilities under Article 66 (1);
8. Installing and operating ship dismantling yards under Article 111 (3);
9. Operating education and training programs for marine pollution prevention managers, etc. under Article 121 (1).
 Article 124 (Legal Fiction as Public Official in Application of Penalty Provisions)
Executive officers and employees of sea area utilization impact review agencies under Article 91 (2), the Corporation, and agencies related to type approval, inspection, performance test, verification, etc. under Article 112 shall be deemed public officials in the application of penalty provisions under Articles 129 through 132 of the Criminal Act. <Amended by Act No. 10803, Jun. 15, 2011>
 Article 125 Deleted. <by Act No. 14747, Mar. 21, 2017>
CHAPTER XII PENALTY PROVISIONS
 Article 126 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for up to five years or by a fine of up to 50 million won: <Amended by Act No. 14516, Dec. 27, 2016>
1. A person who discharges oil, noxious liquid substance, or harmful substance in packaged form, from ships or marine facilities in violation of Article 22 (1) and (2);
2. A person who violates an order under Article 93 (2).
 Article 127 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine of up to 30 million won: <Amended by Act No. 14516, Dec. 27, 2016>
1. A person who discharges wastes from ships or marine facilities in violation of Article 22 (1) and (2);
2. A person who discharges oil, noxious liquid substance, or harmful substance in packaged form, from ships or marine facilities by negligence in violation of Article 22 (1) and (2);
3. A person who operates a ship for navigation in violation of Article 57 (1) through (3);
4. A person who fails to take pollution response measures or violates an order to take measures under Article 64 (1) or (3);
5. A person who fails to take measures to prevent discharge of pollutants under Article 65 or violates an order to take measures.
 Article 128 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for up to two years or by a fine of up to 20 million won: <Amended by Act No. 10803, Jun. 15, 2011; Act No. 11479, Jun. 1, 2012; Amended by Act No. 14516, Dec. 27, 2016>
1. A person who discharges wastes from ships or marine facilities by negligence in violation of Article 22 (1) and (2);
2. A person who navigates a ship without installing a waste pollution prevention facility pursuant to Article 25 (1);
3. A person who navigates a ship without installing an oil pollution prevention facility under Article 26 (1);
4. A person who navigates a ship without installing a hull structure, etc. under Article 26 (2);
5. A person who navigates a ship without installing a noxious liquid pollution prevention facility under Article 27 (1);
6. A person who installs a cargo hold on a ship in violation of Article 27 (2);
7. A person who uses harmful anti-fouling paints or harmful anti-fouling systems in violation of Article 40 (1) and (2), or fails to use or install anti-fouling paints or anti-fouling systems in conformity with legitimate criteria and methods;
8. A person who fails to place or install pollution response vessels, etc. in violation of Article 67 (1);
9. A person who violates an order to prohibit ships from entering into and departing from a port or an order to suspend the use of facilities under Article 67 (3);
10. A person who conducts a marine environment management business without making registration under Article 70 (1);
11. A person who conducts business activities after his/her registration has been cancelled, or during the period of business suspension after receiving a business suspension order, pursuant to Article 75;
12. A person who fails to conduct a marine pollution impact survey provided for in Article 77 (1);
13. A person who conducts business activities after the designation thereof has been cancelled, or during the period of business suspension after receiving a business suspension order, pursuant to Article 82 (1) and Article 89 (1);
14. A person who falsely prepares a sea area utilization consultation form provided for in Article 84 (4) or a statement on sea area utilization impact assessment provided for in Article 85 (2);
15. A person who acts as an agent in preparing a sea area utilization consultation form, etc. without making registration as an assessment agent under the former part of Article 86 (1);
16. A person who falsely states the results of a marine environmental impact survey under Article 95 (1);
16-2. A person who sells marine environment measuring apparatus exempt from type approval pursuant to the proviso to Article 110 (1), facilities subject to type approval pursuant to the proviso to Article 110 (3), or materials or chemicals used for response against or prevention of pollutants pursuant to the proviso to Article 110 (4);
17. A person who conducts business activities after the type approval or verification has been cancelled, or during the period of business suspension after receiving a business suspension order, pursuant to Article 110 (9);
17-2. A person who sells materials or chemicals excluded from type approval, which he/she has manufactured, produced or imported, carrying an indication of certification of performance, despite the fact that he/she has not obtained any certification of performance for such materials or chemicals excluded from type approval pursuant to Article 110-2 (1) or that certification of performance has been cancelled;
18. A person who refuses, interferes with or evades the stopping, search and seizure of ships, the prohibition of ships from entering into or departing from a port, or other necessary orders or measures under Article 117.
 Article 129 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for up to one year, or by a fine of up to ten million won: <Amended by Act No. 9872, Dec. 29, 2009; Act No. 10803, Jun. 15, 2011>
1. A person who installs a facility in a specially-managed sea area or exceeds the limit on the total quantity of discharged pollutants, in violation of Article 15 (3);
2. A person who discharges wastes into the sea, in violation of Article 23 (1) (excluding a person who discharges wastes pursuant to the proviso to Article 23 (1));
3. A person who operates a ship for voyage without installing an air pollution prevention facility under Article 41 (1);
4. A person who discharges ozone layer-depleting substances, in violation of Article 42 (1);
5. A person who operates a diesel engine in excess of the permissible emission level of nitrous oxides, in violation of Article 43 (1);
6. A person who uses fuel oil which exceeds the sulfur content standards, in violation of Article 44 (1) or (2);
7. A person who supplies fuel oil which falls short of the quality standards or exceeds the sulfur content standards, in violation of Article 45 (1);
8. A person who fails to install or operate an oil vapor discharge control unit, in violation of Article 47 (2);
9. A person who installs an oil vapor discharge control unit without undergoing an inspection, in violation of Article 47 (3);
10. A person falling under Article 63 (1) 1 or 2 who fails to file a report or files a false report;
11. A person who conducts construction before the completion of the consultation or re-consultation procedures under Articles 84 and 85;
12. A person who reproduces the contents of other sea area utilization consultation forms, etc. or fails to keep sea area utilization consultation forms, etc. for a period prescribed by statutes, or prepares false sea area utilization consultation forms, etc., in violation of subparagraphs 1 through 3 of Article 88;
13. A person who divulges or wrongfully uses confidential information, in violation of Article 118 (1).
(2) Any of the following persons shall be punished by imprisonment with labor for up to one year, or by a fine of up to five million won: <Amended by Act No. 8788, Dec. 21, 2007; Act No. 9872, Dec. 29, 2009; Act No. 10803, Jun. 15, 2011; Act No. 11597, Dec. 18, 2012; Act No. 14516, Dec. 27, 2016>
1. A person who discharges entrusted wastes into the sea without reporting, in violation of Article 23 (2);
2. A person who installs, or maintains and operates a waste pollution prevention facility, in violation of the criteria under Article 25 (2);
3. A person who installs, or maintains and operates an oil pollution prevention facility, in violation of Article 26 (3);
4. A person who installs, or maintains and operates a noxious liquid substance pollution prevention facility, in violation of Article 27 (4);
5. A person who loads a ship's ballast water or oil, in violation of Article 28;
6. A person who transports harmful substances in packaged form, in violation of Article 29;
7. A person who let pollutants collected and disposed of in a ship or marine facility in violation of Article 37;
8. A person who operates a ship for voyage without undergoing a marine pollution prevention ship inspection under Articles 49 through 53;
8-2. A person who uses, for voyage, a ship which has failed to undergo an energy efficiency inspection, in violation of Article 54-2;
9. A person who fails to comply with any order or disposition issued under Article 58 or 59;
9-2. A person who fails to obtain type approval, verification, or recognition under Article 110 (4), (6), or (7), or uses materials or chemicals not verified pursuant to Article 110-2 (3) for pollution response measures, in violation of Article 64 (6);
10. A person who fails to stock and keep materials and chemicals in storage facilities, ships, or marine facilities, in violation of Article 66 (1);
11. A person who violates an order for disposal under Article 73;
12. A person who uses marine environment measuring apparatus without undergoing an accuracy inspection or supplies or uses correctional articles, in violation of Article 110 (2);
13. A person who manufactures, produces, or imports without obtaining or undergoing type approval, a performance test, verification, or recognition under Article 110 (1) and (3) through (7);
14. A person who dismantles a ship without filing a report under Article 111 (1);
15. A person who refuses, interferes with, or evades the entrance for inspection, request for reporting, etc. without any justifiable ground, in violation of Article 115 (6);
16. A person who divulges or wrongfully uses confidential information he/she has become aware of in the course of performing his/her duties, in violation of Article 118 (2) and (3).
 Article 130 (Joint Penalty Provisions)
Where a representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an offense under Articles 126 through 129 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in paying due attention or supervision to the relevant business in order to prevent such offense.
[This Article Wholly Amended by Act No. 9872, Dec. 29, 2009]
 Article 131 (Special Cases of Application of Penalty Provisions to Foreigners)
(1) In applying Articles 127 and 128 to foreigners, they shall be punished by a fine provided for in the corresponding Article, unless they have intentionally committed an offense in the territorial sea of Korea.
(2) Article 2 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone shall apply to the scope of foreigners referred to in paragraph (1), and Articles 23 through 25 of the same Act shall apply mutatis mutandis to judicial procedures for foreigners.
 Article 132 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine of up to ten million won: <Amended by Act No. 15012, Oct. 31, 2017>
1. A person who falsely states the results of a marine pollution impact survey under Article 77 (1);
2. Deleted. <by Act No. 10803, Jun. 15, 2011>
(2) Any of the following persons shall be punished by an administrative fine of up to five million won: <Amended by Act No. 10803, Jun. 15, 2011; Act No. 12549, Mar. 24, 2014; Act No. 15012, Oct. 31, 2017>
1. A person who discharges pollutants prescribed by Presidential Decree from ocean space, in violation of Article 22 (2);
2. A person who fails to report on marine facilities, in violation of Article 33 (1);
2-2. A person who fails to conduct a safety inspection under Article 36-2 (1);
2-3. A person who fails to file a report under Article 36-2 (2) or files a false report;
2-4. A person who fails to keep the results of a safety inspection under Article 36-2 (3);
3. A person who installs facilities containing ozone layer-depleting substances on a ship, in violation of Article 42 (2);
4. A person who fails to provide a copy of the fuel oil supply certificate and a fuel oil sample, or falsely provides a copy of the fuel oil supply certificate and a fuel oil sample, in violation of Article 45 (2);
5. A person who fails to cooperate in pollution response measures, in violation of Article 64 (2);
6. A person who fails to register a change under Article 70 (3);
7. A person who keeps and manages wastes, in violation of Article 72 (3), or fails to prepare a waste transfer/take-over form or falsely prepares one;
8. A person who fails to report on succession to the rights and duties of a marine environmental management business entity, in violation of Article 74 (3) or falsely files such report;
9. A person who entrusts the disposal of wastes without reporting, in violation of Article 76 (1);
10. A person who fails to comply with any of the obligations to be observed under subparagraphs 4 and 5 of Article 88;
11. A person who fails to conduct a marine environmental impact survey under Article 95 (1), or fails to give notice of its results or gives a false notice thereof;
12. A person who fails to take necessary measures under Article 95 (2).
(3) Any of the following persons shall be punished by an administrative fine of up to two million won: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15012, Oct. 31, 2017>
1. A person who maintains and operates air pollution prevention facilities not in compliance with the criteria, in violation of Article 41 (2);
2. A person who transfers an installation containing ozone layer-depleting substances to persons, other than companies or organizations designated and publicly notified by the Minister of Oceans and Fisheries, in violation of Article 42 (3);
3. A person who burns substances on a ship, the shipboard incineration of which is prohibited, in violation of Article 46 (1);
4. A person who installs, or maintains and operates an incineration facility, in violation of Article 46 (2) or (4);
5. A person who burns substances, using a main or auxiliary engine or boiler in sea areas on which incineration is prohibited, in violation of Article 46 (3).
(4) Any of the following persons shall be punished by an administrative fine of up to one million won: <Amended by Act No. 9872, Dec. 29, 2009; Act No. 10803, Jun. 15, 2011; Act No. 14516, Dec. 27, 2016; Act No. 15012, Oct. 31, 2017>
1. A person who fails to obtain approval for the ratio of discharge, in violation of Article 22-2 or who fails to discharge waste in accordance with the approved ratio of discharge;
1-2. A person who fails to install a container for storing waste oil under Article 26 (1);
2. A person who fails to provide a guidebook, which bears an approval seal under Article 27 (3) and describes the method of and facilities for the discharge of noxious liquid substances;
3. A person who fails to provide a pollutants register under Articles 30 and 34, fails to make records therein or to keep the pollutants register, or enters false records therein;
4. A person who fails to keep or implement measures, etc. in accordance with a contingency plan for marine pollution by ships and a contingency plan for pollution by marine facilities, which bears an approval seal under Article 31 or 35;
5. A person who fails to appoint a marine pollution prevention manager under Article 32 (1) or 36 (1);
6. A person who fails to keep a document evidencing the appointment of a marine pollution prevention manager under Article 32 (2) or 36 (2);
6-2. A person who fails to appoint a substitute for a marine pollution prevention manager under Article 32 (3) or 36 (3);
6-3. A person who fails to have the operation of transferring or discharging pollutants, etc. directed or supervised under Article 32 (4) or 36 (4);
6-4. A person who fails to keep or observe a ship-to-ship oil transfer plan, which bears an approval seal referred to in Article 32-2 (1);
6-5. A person who fails to make records on ship-to-ship oil transfer operation referred to in Article 32-2 (2), or makes false records, or fails to keep records thereon;
6-6. A person who fails to report an operation plan under Article 32-2 (3) or falsely reports it;
6-7. A person who fails to prepare, or falsely prepares, or fails to manage a list of installations containing ozone layer-depleting substances referred to in Article 42 (4);
6-8. A person who fails to prepare, or falsely prepares, or fails to keep an ozone layer-depleting substance register referred to in Article 42 (5);
7. A person who fails to make entries into an engineer's logbook, in violation of Article 44 (3);
8. A person who fails to keep an engineer's logbook for one year, in violation of Article 44 (4);
8-2. A person who fails to keep a procedure manual for fuel oil conversion referred to in Article 44 (5);
9. A person who fails to keep fuel oil supply certificates or copies thereof for three years, in violation of Article 45 (3);
10. A person who fails to keep a fuel oil sample, in violation of Article 45 (4);
11. A person who fails to keep records on the operation of an oil vapor discharge control unit for three years, in violation of Article 47 (4);
11-2. A person who fails to keep or observe a volatile organic compound management plan, which bears an approval steal referred to in Article 47-2 (1);
12. A person who fails to keep certificates of marine pollution prevention inspection, etc. in ships, in violation of Article 57 (4);
13. A person who fails to prepare and submit a statement of disposal results or fails to prepare and keep a ledger of disposal, in violation of Article 72 (1);
14. A person who fails to prepare a certificate of pollutants collection confirmation, in violation of Article 72 (2), or falsely prepares the pollutants collection confirmation certificate;
15. A person who fails to prepare and submit a waste transfer/takeover form, in violation of Article 72 (3);
16. A person who fails to report on a change under the latter part of Article 76 (1);
17. A person who entrusts the disposal of waste, in violation of Article 76 (2);
18. A person who fails to comply with an order for correction under Article 111 (2);
19. A person who fails to provide employees with education and training under Article 121 (2) without any justifiable ground.
 Article 133 (Imposition, Collection, etc. of Administrative Fines)
Administrative fines referred to in Article 132 shall be imposed and collected by the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9872, Dec. 29, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Article 19 (1) 2 shall enter into force two years after the date of its promulgation, Article 110 (1) three years after the date of its promulgation, Articles 40 and 53 on the date on which the International Convention on the Control of Harmful Anti-Fouling Systems on Ships takes effect in Korea after this Act enters into force.
Article 2 (Repealed Acts)
The Prevention of Marine Pollution Act is hereby repealed.
Article 3 (Preparation for Establishment of Corporation)
(1) The Minister of Marine Affairs and Fisheries shall establish the Corporation Establishment Promotion Committee (hereinafter referred to as "Establishment Committee") to handle affairs concerning the dissolution of the Korea Marine Pollution Response Corp. under Article 52-2 of the former Prevention of Marine Pollution Act (hereinafter referred to as the "Pollution Response Corp.") and establishment of the Corporation.
(2) The Establishment Committee shall be comprised of up to 15 members, including the chairperson appointed or commissioned by the Minister of Marine Affairs and Fisheries, on condition that it allow the participation of experts from the Government, Pollution Response Corp., academic circles, etc., and the Vice Minister of Marine Affairs and Fisheries shall become the chairperson.
(3) The Establishment Committee shall prepare the articles of association of the Corporation and have the members of the Establishment Committee note their names and affix their seals, or apply their signatures thereto to obtain authorization from the Minister of Marine Affairs and Fisheries for registration for establishment.
Article 4 (Transfer of Affairs and Property)
(1) The Establishment Committee shall transfer its affairs and property to the president immediately after completing the registration for establishment of the Corporation.
(2) The Establishment Committee and its members shall be deemed dissolved, dismissed, or dismissed from commissioning as at the time the transfer of the affairs and property under paragraph (1) is finalized.
Article 5 (Establishment Costs)
The cost incurred in the dissolution of the Pollution Response Corp. and the establishment of the Corporation shall be borne by the Corporation.
Article 6 (Transitional Measures concerning Establishment of Corporation)
(1) The Pollution Response Corp. established under the former Prevention of Marine Pollution Act as at the time this Act enters into force may apply for the approval of the Minister of Maritime Affairs and Fisheries to enable the Corporation scheduled to be established under this Act to succeed all the rights and duties, and property in accordance with the resolution of the Operation Committee.
(2) When the Pollution Response Corp. obtains the approval of the Minister of Maritime Affairs and Fisheries pursuant to the application under paragraph (1), it shall be deemed dissolved in concurrence with the establishment of the Corporation, notwithstanding the provisions of the Civil Act, which pertain to the dissolution and liquidation of corporations, and the acts done in the name of the Pollution Response Corp. and in relation to other Acts shall be deemed done in the name of the Corporation in concurrence with the establishment of the Corporation.
(3) A citation of the Pollution Response Corp. by other statutes quote as at the time when this Act enters into force shall be deemed a citation of the Corporation in lieu of the Pollution Response Corp. in concurrence with the establishment of the Corporation.
(4) The property, and rights and duties of the Pollution Response Corp. as at the time this Act enters into force shall be succeeded to by the Corporation by a universal title in concurrence with the establishment of the Corporation. In such cases, the value of the property succeeded by the Corporation shall be the book value as at the time of succession.
(5) The name of the Corporation which is indicated in the registers concerning the property, and rights and duties succeeded to by a universal title under paragraph (4) and other public books shall be deemed the name of the Corporation in concurrence with the establishment of the Corporation.
Article 7 (Measures for Executive Officers and Employees)
(1) The term of office of the president, directors, and auditor of the Pollution Response Corp. as at the time this Act enters into force shall be deemed terminated in concurrence with the enforcement of this Act: Provided, That duties corresponding to the former position may be issued to the directors in consideration of their remaining term of office and ability to perform duties, as prescribed by the articles of association of the Corporation.
(2) Notwithstanding Article 99 (3) and (4), the first president, auditor, and directors of the Corporation shall be appointed by the Minister of Maritime Affairs and Fisheries under the proposal of the Establishment Committee.
(3) The employees of the Pollution Response Corp. as at the time this Act enters into force shall be deemed the employees of the Corporation.
Article 8 (Applicability to Prohibition of Use of Harmful Anti-Fouling Paints, etc.)
(1) Article 40 shall begin to apply to the harmful anti-fouling paint or harmful anti-fouling system used for marine facilities after this Act enters into force.
(2) Articles 40 and 53 (1) shall begin to apply to the ship constructed after this Act enters into force: Provided, That with respect to the ships already constructed as at the time this Act enters into force, they shall apply from the date on which such ships undergo inspections, entering a dock for the first time after this Act enters into force.
Article 9 (Applicability to Consultation on Utilization of Sea Areas for Designation of Marine Aggregate Extraction-Scheduled Areas, etc.)
Article 84 (1) 4 through 6 shall begin to apply to the first application filed with a license-granting agency for the designation of marine aggregate extraction-scheduled areas, approval for the extraction of marine aggregate, and designation of marine aggregate extraction complexes after this Act enters into force.
Article 10 (Applicability to Sea Area Utilization Impact Assessment)
Article 85 shall begin to apply to the first application filed with a license-granting agency for obtaining a license, etc. for acts falling under any subparagraph of paragraph (1) of the same Article.
Article 11 (General Transitional Measures)
Disposition imposed and other acts done by administrative agencies under the former Prevention of Marine Pollution Act or various kinds of applications filed with and other acts done for administrative agencies as at the time this Act enters into force shall be deemed acts done by or in relation to the corresponding administrative agencies under this Act.
Article 12 (Transitional Measures concerning Comprehensive Plans for Marine Environment Preservation, etc.)
(1) The comprehensive plan for marine environment preservation in force formulated under Article 4 of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed the comprehensive plan for marine environment management formulated under Article 14 of this Act.
(2) The basic plan for the management of environment management sea areas in force formulated under Article 4-5 of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed the basic plan for environment management formulated under Article 16 of this Act.
(3) The national emergency pollution response plan for oil spill preparedness and response in force formulated in accordance with the International Convention on Oil Pollution Preparedness, Response and Cooperation as at the time this Act enters into force shall be deemed the national emergency pollution response plan formulated under Article 61 of this Act.
Article 13 (Transitional Measures concerning Environmental Preservation Sea Areas, etc.)
(1) The environment preservation sea areas designated under Article 4-4 (1) of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed designated as environmental preservation sea areas pursuant to Article 15 (1) 1 of this Act.
(2) The special management sea areas designated under Article 4-4 (2) of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed designated as special management sea areas pursuant to Article 15 (1) 2 of this Act.
(3) Restrictions on acts in environment preservation sea areas, etc. under Article 4-4 of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed restrictions on acts, or measures, etc. for environment preservation sea areas or special management sea areas under Article 15 (2) and (3) of this Act.
Article 14 (Transitional Measures concerning Consultation on Utilization of Sea Areas)
The consultation on the utilization of sea areas under Article 4-8 of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed a consultation on the utilization of sea areas under Article 84 of this Act.
Article 15 (Transitional Measures concerning Marine Pollution Prevention and Removal Countermeasures Committee, etc.)
The Marine Pollution Prevention and Removal Countermeasures Committee, Marine Pollution Impact Survey Assessment Committee, and Marine Environment Preservation Advisory Committee established under the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed the Marine Environment Management Committee under this Act until the Marine Environment Management Committee is organized pursuant to Article 17 of this Act. In such cases, the matters under the jurisdiction of the Marine Pollution Prevention and Removal Countermeasures Committee, Marine Pollution Impact Survey Assessment Committee, and Marine Environment Preservation Advisory Committee shall comply with the classifications under Articles 51, 52-12, and 63 of the former Prevention of Marine Pollution Act.
Article 16 (Transitional Measures concerning Ships Installed with Oil Pollution Prevention Facilities, etc.)
(1) Any ship installed with an oil pollution prevention facility, hull, noxious liquid substance prevention facility, cargo hold, waste pollution prevention facility, and air pollution prevention facility pursuant to Articles 6 (1), 12 (1) and (2), 17 (1), and 23-3 (1) of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed a ship installed with a wastes pollution prevention facility, oil pollution prevention facility, hull, noxious liquid substance prevention facility, cargo hold, and air pollution prevention facility pursuant to Articles 25 (1), 26 (1) and (2), 27 (1) and (2), and 41 (1) of this Act.
(2) Any marine pollution prevention certificate and temporary marine pollution prevention certificate delivered by the Minister of Maritime Affairs and Fisheries pursuant to Article 25 of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed a marine pollution prevention inspection certificate and temporary marine pollution prevention inspection certificate delivered pursuant to Articles 49 (2) and 52 (2) of this Act.
Article 17 (Transitional Measures concerning Installation of Facilities Containing Ozone Layer-Depleting Substances)
(1) Notwithstanding Article 42 (2), facilities containing an ozone layer-depleting substance in which hydrochlorofluorocarbons (HCFCs) are contained may be installed on a ship by January 1, 2020.
(2) Notwithstanding Article 42 (2), any ship equipped with a facility containing ozone layer-depleting substances before June 29, 2006 may continue to use such facility.
Article 18 (Transitional Measures concerning Control of Emission of Nitrous Oxides)
Notwithstanding Article 43 (1), the following diesel engines may be operated in excess of the permissible emission levels under the main sentence of paragraph (1) of the same Article with the exception of its subparagraphs (hereafter referred to as "permissible emission level" in this Article):
1. The diesel engine referred to in Article 43 (1) 1, which is installed on a ship constructed before June 29, 2006 (excluding diesel engines manufactured after June 29, 2006, diesel engines remodeled to operate in excess of permissible emission levels, and diesel engines remodeled to increase the maximum continuous output power by at least 10/100);
2. The diesel engine referred to in Article 43 (1) 2, which is installed on a ship constructed before January 1, 2000 (excluding diesel engines manufactured after January 1, 2000, diesel engines remodeled to operate in excess of permissible emission levels, and diesel engines remodeled to increase the maximum continuous output power by at least 10/100).
Article 19 (Transitional Measures concerning Installation of Oil Vapor Emission Control Units)
Notwithstanding Article 47 (2) and (3), the owner of a marine facility who has begun to install a facility to load oil and noxious liquid substances on a ship or has completed such installation before June 29, 2006 need not install an oil vapor emission control unit in the relevant marine facility by May 19, 2009.
Article 20 (Transitional Measures concerning Contributions, etc.)
(1) Contributions paid pursuant to Article 52-4 (1) of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed the pollution response contributions paid under Article 69 (1) of this Act.
(2) Where the placement of pollution response vessels, etc. is deemed entrusted, or a pollution response agent is deemed designated under Article 52-4 (3) of the former Prevention of Marine Pollution Act as at the time this Act enters into force, the former provisions shall govern until the period of the relevant entrustment or period of designation terminates.
Article 21 (Transitional Measures concerning Registration of Ocean Waste Discharge Business, etc.)
(1) Any person who filed for registration of ocean waste discharge business pursuant to Article 18 of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed to have filed for registration of ocean waste discharge business pursuant to Article 70 (1) 1 of this Act.
(2) Any person who filed for registration of pollution response business pursuant to Article 37 (1) 1 of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed to have filed for registration of marine pollution response business pursuant to Article 70 (1) 2 of this Act.
(3) Any person who filed for registration of oil hold cleaning business pursuant to Article 37 (1) 2 of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed to have filed for registration of oil hold cleaning business pursuant to Article 70 (1) 3 of this Act.
Article 22 (Transitional Measures concerning Penalty Provisions, etc.)
The application of penalty provisions and administrative fines to violations committed before this Act enters into force shall be governed by the former Prevention of Marine Pollution Act.
Article 23 Omitted.
Article 24 (Relations with other Statutes)
A citation of the former Prevention of Marine Pollution Act and any provisions thereof in other statutes as at the time when this Act enters into force shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the former provisions if such corresponding provisions exist herein.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8377, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8379, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8380, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 (4) of Addenda shall enter into force on January 20, 2008.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8788, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date the International Convention for the Control and Management of Ships' Ballast Water and Sediments takes effect in the Republic of Korea.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
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. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9454, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9626, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9773, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 9872, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 119-2 shall enter into force six months after the promulgation of this Act.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10803, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 32-2 (1) and (4) (limited to the parts pertaining to paragraph (1)) shall enter into force on the date the relevant ship undergoes the first interim inspection or the first regular inspection conducted after this Act enters into force; Article 32-2 (2), (3), and (4) (excluding the parts pertaining to paragraph (1)) shall enter into force on April 1, 2012; and the amended provisions of Articles 110-2, 112, and 122, of subparagraph 17-2 of Article 128, and of Article 129 (2) 9-2 and 13 shall enter into force six months after the promulgation of this Act.
Article 2 (Applicability to Sea Area Utilization Impact Assessment)
The amended provisions of Article 85 (1) shall apply, beginning with the first request filed with a disposing government organ for the occupation or permission for use of the public waters to dredge them.
Article 3 (Transitional Measures concerning Comprehensive Plans for Marine Environmental Management)
The former comprehensive plans for marine environmental management as at the time this Act enters into force shall be deemed comprehensive plans for marine environmental management referred to in the amended provisions of Article 14, and the former master plans for environmental management shall be deemed management plans by sea area referred to in the amended provisions of Article 16.
Article 4 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and administrative fines to acts committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10893, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10911, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11479, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Marine Environment Measuring Apparatus, etc. Exempt from Type Approval)
The amended provisions of Article 110 shall begin to apply to the first marine environment measuring apparatus, facilities subject to type approval or materials or chemicals used for the response against or prevention of pollutions, which are manufactured, produced or imported after this Act enters into force.
Article 3 (Transitional Measures concerning Maintenance, etc. of Contingency Plans for Marine Pollution by Ships for Towed Ships)
Notwithstanding the amended provisons of Article 31 (1), the owners of towed ships in existence under the former provisions as at the time this Act enters into force shall prepare a contingency plan for marine pollution by ships and keep it in the towed ships after obtaining an approval seal from the Commissioner of the Korea Coast Guard, within one year from the date on which this Act enters into force.
ADDENDA <Act No. 11597, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2013: Provided, That the amended provisions of Articles 70 (1) 3, 115 (3), and 123 (3) shall enter into force on the date of its promulgation, and the amended provisions of Article 83-2 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Calculation of Ship Energy Efficiency Design Indices)
The amended provisions of Articles 41-2 and 41-3 shall apply to ships, the building contracts of which are concluded on and after January 1, 2013 (where no building contracts exist, referring to ships, the keels of which are installed, or ships which commenced building stage equivalent thereto, on or after July 1, 2013), ships to be delivered to the ship owner on or after July 1, 2015, or ships intended to be remodeled on or after January 1, 2013.
Article 3 (Applicability to Keeping Ship Energy Efficiency Management Plan)
The owner of a ship referred to in the amended provisions of Article 41-3 (1), excluding ships to be built or remodeled under the amended provisions of Article 41-2 (1), shall keep an energy efficiency management plan in his/her ship until he/she undergoes the first regular inspection or interim inspection of air pollution prevention facilities after this Act enters into force.
Article 4 (Transitional Measures concerning Energy Efficiency Inspection)
(1) The owner of a ship referred to in the amended provisions of Article 41-2 (1) shall undergo an energy efficiency inspection under the amended provisions of Article 54-2 before he/she uses the ship built or remodeled, for voyage.
(2) The owner of a ship referred to in the amended provisions of Article 41-3 (1), excluding the ships referred to in paragraph (1), shall undergo an energy efficiency inspection under the amended provisions of Article 54-2 at the time he/she undergoes the first regular inspection or interim inspection of air pollution prevention facilities 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. 12300, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 12549, Mar. 24, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12662, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
An incompetent under adult guardianship or a quasi-incompetent under limited guardianship referred to in the amended provisions of subparagraph 1 of Article 71 (including cases applicable mutatis mutandis under Article 74 (4)), subparagraph 1 of Article 81, subparagraph 1 of Article 87, and Article 101 (1) 2 shall be deemed to include a person against whom declaration of incompetency or quasi-competency remains effective under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429).
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, from among the Acts amended pursuant to Article 6 of the Addenda, shall respectively enter into force on the enforcement dates of such Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13084, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14516, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to subparagraphs 8 and 9 of Article 21, Article 31 (1), Article 33, Article 35 (1), Article 75 (1) 8, Article 89 (1) 2-2, Article 105, subparagraph 1 of Article 126, subparagraphs 1 and 2 of Article 127, subparagraph 1 of Article 128, Article 132 (4) 1, 1-2, and 4 shall enter into force six months after the date of its promulgation.
Article 2 (Effective Period, etc. for Exception for State or Public Property)
(1) The amended provision of Article 105 shall be effective for ten years from the date the same provision enters into force.
(2) Where State or public property is lent gratuitously to or used for profit by the Corporation pursuant to the amended Article 105, such lending or use for profit shall remain effective for the period of lending or use for profit, even if the effective period expires under paragraph (1).
Article 3 (Applicability to Revocation, etc. of Registration of Assessment Agents)
The amended provision of Article 89 (1) 2-2 shall begin to apply to the first case where the assessment agent is required to file for registration of changes under the latter part of Article 86 (1), after the said amended provision enters into force.
Article 4 (Transitional Measures concerning Approval for Ratio of Discharge of Waste)
Any ratio of discharge, approved before this Act enters into force, by the Minister of Oceans and Fisheries pursuant to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, shall be construed as approved in accordance with the amended provision of Article 22-2.
Article 5 (Transitional Measures concerning Administrative Measures on Marine Environmental Management Business Entities)
If any marine environmental management business entity falls under former Article 75 (1) 8 before the amended Article 75 (1) 8 enters into force, any administrative measure to be imposed on him/her shall be governed by the former provision.
Article 6 (Transitional Measures concerning Gratuitous Lending of State or Public Property)
If any State or public property is lent gratuitously to or being used for profit by the Corporation before the amended Article 105 enters into force, the period for such lending or use shall be governed by the former provision, notwithstanding the said amended provision.
Article 7 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to acts done before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amendments to the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived yet, from among the Acts amended pursuant to Article 6 of the Addenda, shall respectively enter into force on the enforcement dates of such Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14605, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 14747, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts, which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, from among the Acts amended pursuant to Article 5 of the Addenda, shall respectively enter into force on the enforcement date of each relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15011, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15012, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Modification of Contingency Plans for Marine Pollution by Ships, etc.)
The amended provisions of Articles 31 (2) and 35 (2) shall begin to apply to the first case where any modification is made to a contingency plan for marine pollution by ships or a contingency plan for pollution by marine facilities after this Act enters into force.
Article 3 (Applicability to Keeping Results of Safety Inspections of Marine Facilities)
The amended provisions of Article 36-2 shall begin to apply to the results of the first safety inspection of marine facilities conducted pursuant to Article 36-2 (1) after this Act enters into force.
Article 4 (Applicability to Compulsory Collection of Pollution Response Contributions)
The amended provisions of Article 69-2 shall begin to apply to the first pollution response contribution imposed after this Act enters into force.
Article 5 (Applicability to Reporting on Succession of Status of Person Granted Type Approval, etc.)
The amended provisions of Article 110-3 (2) shall begin to apply to the first succession of the status of a person who has obtained type approval, etc. after this Act enters into force.
Article 6 (Transitional Measures concerning Surcharges)
Notwithstanding the amended provisions of Article 20 (1), the surcharges imposed pursuant to the latter part of the former Article 20 (1) before this Act enters into force shall be governed by the former provisions.
Article 7 (Transitional Measures upon Change of Name of Corporation)
(1) The Korea Marine Environment Management Corporation established under the former provisions as at the time this Act enters into force shall be deemed the Korea Marine Environment Corporation under this Act.
(2) Any act conducted by or against the Korea Marine Environment Management Corporation under the former provisions as at the time this Act enters into force shall be deemed an act conducted by or against the Korea Marine Environment Corporation.
(3) The Korea Marine Environment Corporation shall modify its articles of incorporation in accordance with the amended provisions of this Act and obtain authorization therefor from the Minister of Oceans and Fisheries within six months after this Act enters into force.
Article 8 Omitted.