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ACT ON THE USE AND MANAGEMENT OF BATHING BEACHES

Act No. 12741, jun. 3, 2014

Amended by Act No. 12844, Nov. 19, 2014

Act No. 13440, Jul. 24, 2015

Act No. 14512, Dec. 27, 2016

Act No. 14480, Dec. 27, 2016

Act No. 14839, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purposes of this Act are to create bathing beaches as safe and comfortable national recreational spaces and to contribute to improving the quality of life of citizens and their welfare, by prescribing matters on the use and management of bathing beaches.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "bathing beach" means an area designated and publicly notified pursuant to Article 6, comprised of natural or artificial water and land areas where leisure activities, such as water play, sunbathing, sand bathing, and sports, take place;
2. The term "bathing beach facilities" means any of the following facilities in a bathing beach area:
(a) Basic and functional facilities:
(i) A sandy beach (referring to a land area where it is possible to sunbath or sand bath or to play a sport, irrespective of its soil materials, such as sand or gravels);
(ii) A walk;
(iii) Convenience facilities for users, such as changing facilities, shower facilities, public toilets, drinking fountains, a parking lot, a campground, communication facilities for public use, and awning;
(iv) Safety facilities, such as rescue ships, lifeboats, safety buoys, swimming buoys, lighting facilities, and a watchtower;
(v) Environmental facilities, such as sewage and wastewater treatment facilities, water pollution prevention facilities, and waste collection and disposal facilities;
(b) Support facilities:
(i) Administrative facilities, such as a management office and medical facilities;
(ii) Sports facilities;
(iii) Sales and rental facilities;
(c) Any other facilities to enhance the utility of a bathing beach, which are prescribed by Ordinance of the Ministry of Oceans and Fisheries;
3. The term "project for bathing beach facilities" means a project designed to newly construct, enlarge, reconstruct, repair, recover, or restore bathing beach facilities;
4. The term "water play area" means an area designated pursuant to Article 17 (1), where such activities as water play, sunbathing and sand bathing take place and which is marked out with buoys, safety lines, etc.;
5. The term "water-related leisure area" means an area designated pursuant to Article 17 (1), where mainly water-related leisure activities defined in subparagraph 1 of Article 2 of the Water-Related Leisure Activities Safety Act take place;
6. The term "management authority" means the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) who has jurisdiction over an area where a bathing beach is located.
 Article 3 (Basic Principles of Bathing Beach Management)
The use and management of bathing beaches shall comply with the following principles:
1. Bathing beaches shall be preserved as precious assets of all citizens, and shall be managed for sustainability for the present and future generations;
2. Bathing beaches shall be managed to ensure that all citizens, including children, the elderly, and the disabled, do not suffer inconvenience;
3. Top priority shall be given to the safety and convenience of bathing beach users;
4. No bathing beach shall destroy a natural ecosystem or landscape, or reduce the value thereof.
 Article 4 (Obligations of State, etc.)
(1) The State and local governments shall formulate and implement necessary comprehensive policies to enable all citizens to conveniently use bathing beaches in a comfortable environment.
(2) The State and local governments shall establish and take measures required to maintain, improve, recover, and restore the environments and facilities of bathing beaches.
 Article 5 (Relationship to Other Acts)
(1) Matters on rescue and emergency medical services at bathing beaches shall be governed by the Act on 119 Rescue and Emergency Medical Services and the Act on the Search and Rescue, etc. in waters. <Amended by Act No. 13440, Jul. 24, 2015>
(2) Except as otherwise expressly provided for in other Acts, this Act shall apply to the use and management of bathing beaches.
CHAPTER II DESIGNATION, ETC., OF BATHING BEACHES
 Article 6 (Designation of Bathing Beaches)
(1) A management authority may designate as a bathing beach, an area that satisfies the standards for facilities and environment prescribed by Presidential Decree in a region under his/her jurisdiction: Provided, That the same shall not apply to the military base and installation protection zones defined in subparagraph 6 of Article 2 of the Protection of Military Bases and Installations Act; and the management authority shall first consult with the heads of related central administrative agencies, if he/she intends to designate a bathing beach in any of the following areas:
1. A natural park referred to in subparagraph 1 of Article 2 of the Natural Parks Act;
2. An amusement park among infrastructure referred to in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act; and a natural environment conservation area referred to in subparagraph 4 of Article 6 of the same Act;
3. A tourist destination referred to in subparagraph 6 of Article 2 of the Tourism Promotion Act, and a tourism complex referred to in subparagraph 7 of Article 2 of the same Act;
4. An environmental management sea area referred to in Article 15 of the Marine Environment Management Act.
(2) Where a management authority intends to designate a bathing beach pursuant to paragraph (1), he/she shall first hear opinions of the heads of related central administrative agencies and the Bathing Beach Council referred to in Article 20.
(3) Where a management authority has designated a bathing beach pursuant to paragraph (1), he/she shall notify such fact to the Minister of Oceans and Fisheries, the relevant Metropolitan City Mayor or Do Governor (hereinafter referred to as the "Mayor/Do Governor) and the heads of related central administrative agencies, and shall publicly notify the name, location and major facilities of the bathing beach and any other necessary matters in the Official Gazette, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 7 (Alteration, or Cancellation, of Designation of Bathing Beach)
(1) In any of the following cases, a management authority may alter a bathing beach area designated and publicly notified pursuant to Article 6, or fully or partially cancel the designation of such area:
1. Where the area has lost its function as a bathing beach or is likely to threaten the safety of bathing beach users, due to coastal erosion, topographic changes, etc.;
2. Where it is necessary to conserve an ecosystem, such as protecting habitats of rare life;
3. Any other cases prescribed by Presidential Decree, which relate to changes in conditions after the designation.
(2) Article 6 (2) and (3) shall apply mutatis mutandis to the procedures, etc. for altering or cancelling the designation of a bathing beach.
 Article 8 (Surveys of Current Status of Bathing Beaches)
(1) A management authority shall conduct a survey of the present status of bathing beaches in areas under his/her jurisdiction in order to use the survey findings as basic data for the designation of bathing beaches, alteration or cancellation of the designation, or for the management thereof.
(2) The Minister of Oceans and Fisheries may fully or partially subsidize expenses incurred in conducting surveys of the present status under paragraph (1).
(3) Matters necessary for the period, method and details of the survey of the present status under paragraph (1), the limits of subsidization under paragraph (2), and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER III MASTER PLANS, ETC. FOR BATHING BEACHES
 Article 9 (Formulation of Master Plans for Bathing Beaches)
(1) The Minister of Oceans and Fisheries shall formulate and implement a master plan for bathing beaches (hereinafter referred to as "master plan") every ten years for the sustainable use and management of bathing beaches.
(2) Where the Minister of Oceans and Fisheries intends to formulate a master plan, he/she shall undergo deliberation by the Central Committee for Deliberation on Coastal Management referred to in Article 30 of the Coast Management Act, after hearing opinions of the Mayors/Do Governors and pre-consulting with the heads of related central administrative agencies.
(3) Where the Minister of Oceans and Fisheries formulates a master plan, he/she shall hear opinions of the Commissioner of the Korea Coast Guard in relation to safety management of bathing beaches. <Newly Inserted by Act No. 12844, Nov. 19, 2014; Amended by Act No. 14839, Jul. 26, 2017>
(4) If necessary to formulate a master plan, the Minister of Oceans and Fisheries may request the heads of related central administrative agencies or the heads of relevant local governments to submit necessary materials. In such cases, the heads of related central administrative agencies and the heads of the local governments so requested shall comply with such request, except in extenuating circumstances.
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for formulating and implementing master plans shall be prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 10 (Details of Master Plans)
Each master plan shall contain the following:
1. Basic direction-setting for and objectives of policy for the use and management of bathing beaches;
2. Present status and actual use conditions of bathing beaches and bathing beach facilities;
3. Changes in marine tourism, marine leisure, and other relevant conditions, and prospects therefor;
4. Safety management of bathing beaches;
5. Environmental management of bathing beaches;
6. Evaluation of, and support for bathing beaches;
7. Any other matters prescribed by Presidential Decree in relation to the use and management of bathing beaches.
 Article 11 (Modification of Master Plans)
(1) The Minister of Oceans and Fisheries shall examine the feasibility of a master plan every five years from the date it is formulated, and may take necessary measures, such as modifying the master plan.
(2) Notwithstanding paragraph (1), the Minister of Oceans and Fisheries may modify a master plan, if bathing beach conditions change or any other cause prescribed by Presidential Decree arises.
(3) Article 9 (2) through (5) shall apply mutatis mutandis to any modification to a master plan referred to in paragraphs (1) and (2): Provided, That if it is intended to modify minor matters prescribed by Presidential Decree, the procedures referred to in Article 9 (2) may be omitted. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 12 (Public Notice, etc. of Master Plan)
(1) Where the Minister of Oceans and Fisheries has formulated or modified a master plan, he/she shall publicly notify such fact and notify the relevant management authority thereof, without delay.
(2) Upon receipt of notification under paragraph (1), the management authority shall take measures, without delay, to ensure that the master plan formulated or modified is available for public perusal.
(3) Matters necessary for the public notice, notification and perusal referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 13 (Formulation of Management Plans for Bathing Beaches)
(1) A management authority shall formulate and implement a plan to manage bathing beaches under his/her jurisdiction (hereinafter referred to as "management plan") within the scope of a master plan.
(2) Where a management authority formulates a management plan, he/she shall take into account the plan for coastal management areas referred to in Article 9 of the Coast Management Act.
(3) Where a management authority intends to formulate a management plan, he/she shall hear opinions of local residents and relevant experts, and consult with the heads of related central administrative agencies, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) Where a management authority has formulated a management plan, he/she shall publicly notify such fact in the Official Gazette without delay, notify the heads of related central administrative agencies thereof, and take measures to make such plan available for public perusal.
 Article 14 (Details of Management Plans)
Each management plan shall contain the following matters:
1. Present status of jurisdictional bathing beaches;
2. Safety management of jurisdictional bathing beaches;
3. Environmental management of jurisdictional bathing beaches;
4. Projects for jurisdictional bathing beach facilities;
5. Promotion of user convenience and facilitation of use;
6. Any other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, in relation to the management of jurisdictional bathing beaches.
 Article 15 (Modification, etc. of Management Plans)
(1) A management authority may modify a management plan, if it is necessary to modify the plan due to extenuating circumstances, such as changes in the conditions of beaches under his/her jurisdiction, or if the head of a related central administrative agency requests modification thereof.
(2) If it is deemed necessary to modify management plans as a result of a modification of a master plan, the Minister of Oceans and Fisheries may request management authorities to modify their management plans. In such cases, the Minister of Oceans and Fisheries may subsidize expenses incurred in modifying the management plans.
(3) Article 13 (3) and (4) shall apply mutatis mutandis to modification of a management plan under paragraph (1): Provided, That the same shall not apply to any modification to minor matters prescribed by Presidential Decree.
 Article 16 (Fact-finding Surveys)
(1) The Minister of Oceans and Fisheries may conduct a fact-finding survey, if the survey is necessary to formulate or modify a master plan.
(2) Matters to be included in fact-finding surveys referred to in paragraph (1) and matters necessary for the method, procedure, etc. for conducting the survey shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER IV MANAGEMENT, OPERATION, ETC. OF BATHING BEACHES
 Article 17 (Areas within Bathing Beaches)
(1) A management authority shall manage a bathing beach by dividing it into a water play area and a water-related leisure area according to purposes of the use of the bathing beach: Provided, That the same shall not apply where such division is deemed to cause significant inconvenience to the use or operation of a bathing beach or to reduce its efficiency.
(2) Where a management authority manages and operates a bathing beach by dividing it into the areas pursuant to paragraph (1), he/she shall take necessary measures, such as installing information signs at places readily visible to bathing beach users.
 Article 18 (Opening Periods, etc. of Bathing Beaches)
(1) A management authority may determine the opening period or opening hours of a bathing beach, taking account of its characteristics, conditions, etc. In such cases, the management authority shall hear opinions of the Bathing Beach Council referred to in Article 20 and consult with the heads of related central administrative agencies in advance.
(2) A management authority may place restrictions on the opening period or opening hours of a bathing beach, if necessary to secure the safety of bathing beach users or to conserve the environment of the bathing beach, etc. In such cases, the latter part of paragraph (1) shall apply mutatis mutandis.
(3) Matters concerning the opening period and opening hours provided under paragraph (1) and matters necessary for restrictions thereon under paragraph (2) shall be publicly notified, as prescribed by ordinance of the relevant local government.
 Article 19 (Management, Operation, etc. of Bathing Beaches)
(1) Bathing beaches shall be directly managed and operated by the relevant management authority.
(2) Notwithstanding paragraph (1), a management authority may partially outsource the management and operation of bathing beaches under his/her jurisdiction, if necessary for the efficient management and operation of the bathing beaches, as prescribed by Presidential Decree.
(3) Where a management authority intends to outsource the management and operation of bathing beaches pursuant to paragraph (2), he/she may preferentially designate, as an outsourced person, an institution or organization prescribed by Presidential Decree, such as a local community including a local cooperative, fishing village, or a public interest corporation under the Act on the Establishment and Operation of Public Interest Corporations.
(4) Matters necessary for the details and scope of outsourced management and operation under paragraph (2), the standards, procedures, methods, etc. for the designation, and revocation of the designation, of an outsourced person shall be prescribed by ordinance of the relevant local government.
 Article 20 (Bathing Beach Council)
(1) A Bathing Beach Council shall be established under the jurisdiction of the relevant management authority, in which local residents, interested persons, and the heads of related central administrative agencies prescribed by Presidential Decree will participate in consultations about efficient management and operation of bathing beaches.
(2) Matters necessary for the composition, operation, etc. of the Bathing Beach Council shall be prescribed by ordinance of the relevant local government.
 Article 21 (Collection of Fees)
(1) A management authority may collect fees from users of bathing beach facilities, if necessary for the management and operation of bathing beaches.
(2) Except as otherwise expressly provided for in other Acts, matters necessary for the amount of, and collection procedures for the fees referred to in paragraph (1) shall be prescribed by ordinance of the relevant local government.
 Article 22 (Matters to Be Observed at Bathing Beaches)
(1) No person shall engage in any of the following activities at a bathing beach: <Amended by Act No. 14512, Dec. 27, 2016>
1. Conducting either commercial transactions without permission from the relevant management authority or commercial transactions outside a designated place;
2. Interrupting bathing beach users when they legitimately install or use their own beach gear in places other than those allotted to renting business for beach gear, such as beach beds and parasols, to be operated by persons permitted by the relevant management authority;
3. Installing a facility without permission from the relevant management authority;
4. Dumping waste at a place other than a designated place;
5. Cooking or camping at any place other than a designated place;
6. Bathing outside a designated place, or entering the sea at any time other than a designated time;
7. Driving a motor vehicle or horse referred to in subparagraph 17 of Article 2 of the Road Traffic Act into an area to which access by motor vehicles and horses is not permitted under the ordinance of the relevant Special Self-Governing Province or Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply);
8. Setting off toy fireworks referred to in Article 2 (3) 3 (h) of the Act on Control of Guns, Swords, Explosives, Etc., on a sandy beach: Provided, That the same shall not apply where permission for such activity has been obtained from the relevant management authority;
9. Smoking in non-smoking areas designated under the National Health Promotion Act;
10. Controlling wireless electric toys remotely on a sandy beach during the opening hours;
11. Any other activity prescribed by Presidential Decree, which is likely to cause significant impediments to the use and management of a bathing beach.
(2) A management authority shall install information signs stating the details specified in each subparagraph of paragraph (1), at places where they are easily seen by bathing beach users.
(3) Where a bathing beach user fails to observe the provisions of each subparagraph of paragraph (1), the relevant management authority may take necessary measures, such as restricting him/her from using the relevant bathing beach, as prescribed by ordinance of the relevant local government.
 Article 23 (Restoration, etc,)
(1) A management authority may issue an order to reinstate or removal of facilities, etc., or an order to stop the relevant activity to a person who violates Article 22 (1), and may perform vicarious execution under the Administrative Vicarious Execution Act or take any other measures necessary for stopping the relevant activity, if the person fails to comply with such order.
(2) The head of a related central administrative agency may request a management authority to take measures referred to in paragraph (1), if necessary.
CHAPTER V SAFETY AND ENVIRONMENTAL MANAGEMENT OF BATHING BEACHES
 Article 24 (Safety Management Guidelines)
(1) In order to prevent and effectively address safety accidents at bathing beaches, the Commissioner of the Korea Coast Guard shall determine guidelines on safety management of bathing beaches (hereinafter referred to as "safety management guidelines") after hearing opinions of the Mayor/Do Governor and consulting with the heads of related central administrative agencies, and shall notify the guidelines to the heads of related central administrative agencies and the management authorities. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) If it is deemed necessary to modify the safety management guidelines, the heads of related central administrative agencies or the management authorities may request the Commissioner of the Korea Coast Guard to modify the guidelines. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Matters necessary for the scope of application, method of public notice, etc. of the safety management guidelines (excluding matters on rescue and first aid) shall be prescribed by Presidential Decree.
 Article 25 (Safety Management Measures, etc.)
(1) A management authority shall take measures necessary for safety management of bathing beaches under his/her jurisdiction within the scope of the safety management guidelines (hereinafter referred to as "safety management measures" in this Article).
(2) If necessary for implementing safety management measures, a management authority may request the head of a related central administrative agency to dispatch employees under his/her jurisdiction, to fund equipment, or to provide relevant support. In such cases, the head of the related central administrative agency shall comply with such request, except in extenuating circumstances.
(3) Where a management authority is provided with support under paragraph (2), he/she may fully or partially subsidize expenses incurred in providing support or provide facilities required.
(4) A management authority shall notify the safety information useful for the use of bathing beaches. In such cases, matters necessary for the details, method of notification, timing, etc. of the safety information shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14512, Dec. 27, 2016>
 Article 26 (Operation, etc. of Leisure Watercraft)
(1) No person who uses leisure watercraft referred to in subparagraph 3 of Article 2 of the Water-Related Leisure Activities Safety Act, and no person who runs a water-related leisure business referred to in Article 39 (1) of the same Act, shall use or operate leisure watercraft in a water play area.
(2) In granting permission to occupy and use public waters which relates to the use and operation of leisure watercraft, a management authority may attach conditions thereto, such as prohibiting the entry of leisure watercraft into the water play area, to secure the safety of bathing beach users.
 Article 27 (Safety Checks on Bathing Beach Facilities)
(1) A management authority shall regularly conduct safety checks on bathing facilities. In such cases, the management authority may conduct safety checks jointly with relevant institutions and experts to enhance efficiency of safety checks.
(2) With respect to safety facilities installed on the surface of the sea among bathing beach facilities, the chief of the competent coast guard station may conduct safety checks thereon, notwithstanding paragraph (1). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Where a bathing beach facility is deemed to undermine the safety of bathing beach users based on the results of the safety checks under paragraph (1) or (2), the management authority or the chief of the competent coast guard station shall issue, without delay, an order to take necessary measures, such as maintenance and repair, to the owner or manager of the facility. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Where the owner or manager of the facility fails to take necessary measures, such as maintenance and repair, despite the order issued under paragraph (3) by the management authority, the management authority may order suspension of operation of the relevant facility within a period not exceeding three months. <Newly Inserted by Act No. 14512, Dec. 27, 2016>
(5) Matters necessary for the subject-matter of, and timing and procedures for, conducting the safety checks under paragraph (1) and (2), measures to be taken under paragraph (3), etc. shall be prescribed by Presidential Decree.
 Article 28 (Restrictions, etc. on Use of Bathing Beach)
(1) To ensure the safety of bathing beach users, a management authority may place full or partial prohibition or restriction on the use of a bathing beach after consultation with the heads of related central administrative agencies, if a cause prescribed by Presidential Decree arises, such as inflow of a hazardous substance, emergence of harmful organisms, or deteriorating weather conditions: Provided, That consultation with the heads of related central administrative agencies may not be required, if time is insufficient for consultation due to urgent circumstances.
(2) Where the head of a related central administrative agency deems that a risk factor to the safety of bathing beach users has occurred or is likely to occur, he/she may request the relevant management authority to prohibit or restrict the use of the relevant bathing beach. In such cases, the management authority shall comply with such request, except in extenuating circumstances.
(3) Where water play on the surface of the sea is deemed inappropriate because a risk factor to the safety of bathing beach users arises or is likely to arise, the chief of the competent coast guard station may prohibit or restrict such activity, notwithstanding paragraph (1). In such cases, he/she shall notify such fact to the relevant management authority without delay. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Where a ground to prohibit or restrict the use of a bathing beach ceases to exist or eases, the relevant management authority may fully or partially withdraw the prohibition or restriction of the use of the bathing beach after consultation with the heads of related central administrative agencies.
(5) The relevant management authority shall notify, without delay, the fact that the prohibition or restriction of the use of a bathing beach has been placed pursuant to paragraph (1) or (3) or that such prohibition or restriction has been withdrawn pursuant to paragraph (4), through the official report, website, etc. of the relevant Special Self-Governing Province or Si/Gun/Gu. <Amended by Act No. 14512, Dec. 27, 2016>
 Article 29 (Environmental Management Guidelines)
(1) To keep the environments of bathing beaches clean, the Minister of Oceans and Fisheries shall establish guidelines on the environmental management of bathing beaches (hereinafter referred to as "environmental management guidelines" in this Article) after hearing opinions of the Mayor/Do Governor and consulting with the heads of related central administrative agencies, and shall notify the guidelines to the heads of related central administrative agencies and management authorities.
(2) Matters necessary for the scope of application, method of giving public notice, etc. of the environmental management guidelines shall be prescribed by Presidential Decree.
 Article 30 (Water Quality Management)
(1) A management authority shall regularly inspect and analyze the water quality of bathing beaches under his/her jurisdiction to determine whether water quality of bathing beaches meets the environmental standards prescribed by Presidential Decree, and shall report the findings from the inspection and analysis to the Minister of Oceans and Fisheries.
(2) Where a natural disaster or other cause prescribed by Presidential Decree arises, the Minister of Oceans and Fisheries may directly inspect and analyze the water quality of the relevant bathing beach, notwithstanding paragraph (1). In such cases, the Minister of Oceans and Fisheries shall notify the relevant management authority of the results of the inspection and analysis.
(3) Where it is deemed inappropriate to use the relevant bathing beach as a result of the inspection and analysis of its water quality under paragraph (1) or (2), the relevant management authority may place full or partial prohibition or restriction on the use of the bathing beach after consultation with the heads of related central administrative agencies.
(4) Where the water quality of a bathing beach is deemed improved when the use of the bathing beach has been prohibited or restricted pursuant to paragraph (3), the relevant management authority may fully or partially withdraw the prohibition or restriction of the use of the bathing beach after consultation with the heads of related central administrative agencies.
(5) Article 28 (5) shall apply mutatis mutandis to public notification of the fact that the prohibition or restriction has been placed on the use of a bathing beach under paragraph (3), and that such prohibition or restriction has been withdrawn under paragraph (4).
(6) Matters necessary for the method of inspecting and analyzing the water quality of bathing beaches under paragraphs (1) and (2), the period of inspection, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 31 (Management of Sandy Beaches)
(1) Where erosion, etc. damage of a sandy beach is deemed to destroy the scenery of the bathing beach and to hinder the bathing beach function properly, the relevant management authority shall take measures necessary for recovering or reinstating the sandy beach, such as adding sand, that satisfy the environmental standards prescribed by Presidential Decree.
(2) In order to efficiently manage sandy beaches, the Minister of Oceans and Fisheries shall establish and operate a system for inspecting soil qualities of sandy beaches and provide inspection results to management authorities regularly, as prescribed by Presidential Decree.
 Article 32 (Management of Waste, etc.)
(1) A management authority shall have human resources, equipment, waste collection and disposal facilities, etc. necessary for waste management, such as waste generated at bathing beaches, prescribed by Ordinance of the Ministry of Oceans and Fisheries to maintain and manage comfortable bathing beaches.
(2) A management authority shall take necessary measures to prevent sewage and wastewater generated at a bathing beach or adjacent areas from flowing into the bathing beach.
(3) If necessary to take measures, etc. under paragraphs (1) and (2), a management authority may request the heads of related central administrative agencies to provide cooperation.
 Article 33 (Management of Harmful Organisms)
(1) A management authority shall take measures necessary for preventing casualties caused by harmful organisms prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as jellyfish.
(2) The Minister of Oceans and Fisheries shall establish and operate a system for monitoring the existence and migration routes of harmful organisms, and provide relevant information to management authorities on a regular basis.
CHAPTER VI PROJECTS FOR BATHING BEACH FACILITIES
 Article 34 (Standards, etc. for Installation and Management of Bathing Beach Facilities)
(1) The Minister of Oceans and Fisheries shall formulate standards for installation and management of bathing beach facilities, taking into account of the size, conditions, etc. of bathing beaches, as prescribed by Presidential Decree.
(2) Where a management authority intends to install bathing beach facilities or permits the construction, etc. thereof, it shall ensure that the facilities meet the standards for installation and management referred to in paragraph (1).
(3) The Minister of Oceans and Fisheries shall inspect whether bathing beach facilities meet the standards referred to in paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and may request the relevant management authority to take appropriate measures if the facilities are deemed to required improvement as a result of the inspection.
 Article 35 (Management of Bathing Beach Facilities)
(1) A management authority shall inspect bathing beach facilities in accordance with the standards for installation and management under Article 34 (1) so that the facilities can be managed appropriately, and shall take necessary measures, such as repair or replacement, without delay if the facilities are aged or damaged.
(2) Matters necessary for the object of, procedure, method, etc., for inspection under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 36 (Implementation of Projects for Bathing Beach Facilities)
(1) A project for bathing beach facilities (hereinafter referred to as "facility project") shall be conducted by the relevant management authority.
(2) Notwithstanding paragraph (1), a management authority may conduct a facility project, designating any of the following persons as its implementer:
1. A public institution under the Act on the Management of Public Institutions;
2. A local public enterprise under the Local Public Enterprises Act;
4. Any other person prescribed by Presidential Decree, which is a public-interest organization.
(3) The ownership of bathing beach facilities created or installed by an implementer of a facility project, other than a management authority, shall be transferred to the relevant management authority upon completion thereof: Provided, That the same shall not apply to bathing beach facilities prescribed by Presidential Decree, which are to be exclusively used by an implementer of a facility project, other than a management authority.
 Article 37 (Formulation, etc. of Implementation Plan for Facility Project)
(1) A person who intends to conduct a facility project shall formulate an implementation plan for the facility project (hereinafter referred to as "implementation plan"), as prescribed by Presidential Decree.
(2) Where a person other than a management authority intends to formulate an implementation plan, he/she shall obtain approval thereof from the relevant management authority (excluding minor projects for facilities prescribed by Presidential Decree). The same shall also apply to any modification to important matters prescribed by Presidential Decree among matters approved.
(3) Where a management authority intends to formulate or modify an implementation plan or to approve the implementation plan under paragraph (2), he/she shall first consult with the heads of related central administrative agencies.
(4) Where a management authority formulates, modifies, or approves an implementation plan, he/she shall publicly announce such fact in the official gazette or on the official website of the relevant Special Self-Governing Province or Si/Gun/Gu, without delay.
 Article 38 (Legal Fiction of Authorization, Permission, etc.)
(1) Where a management authority publicly announces an implementation plan pursuant to Article 37 (4), the following permission, authorization, license, approval, consultations, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted or held and public notice or public announcement of authorization, permission, etc. under relevant Acts shall be deemed given or made: <Amended by Act No. 14480, Dec. 27, 2016>
1. Permission for occupancy and use under Article 8 of the Public Waters Management and Reclamation Act; consultations or approval under Article 10 of the same Act; approval of an implementation plan under Article 17 of the same Act; a reclamation license under Article 28 of the same Act; consultations on, or approval of, reclamation conducted by the State, etc. under Article 35 of the same Act; and approval and public notice of, an implementation plan under Article 38 of the same Act;
3. Permission to use administrative property under Article 30 of the State Property Act;
4. Permission for development activities under Article 56 of the National Land Planning and Utilization Act, designation of an implementer of an urban/Gun planning facility project under Article 86 of the same Act, and authorization of an implementation plan under Article 88 of the same Act;
5. Permission to use the agricultural production infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
6. Permission to implement road works under Article 36 of the Road Act, permission to occupy and use roads under Article 61 of the same Act, and consultation with, or approval from, road management agencies under Article 107 of the same Act;
7. Permission to occupy and use urban parks under Article 24 of the Act on Urban Parks, Green Areas, Etc.;
8. Permission to open private roads under Article 4 of the Private Road Act;
9. Permission for felling, etc. under Article 14 of the Erosion Control Work Act and cancellation of designation of land for erosion control under Article 20 of the same Act;
10. Permission to convert mountainous districts under Article 14 of the Mountainous Districts Management Act; reporting on conversion of mountainous districts under Article 15 of the same Act; permission for, and reporting on, the temporary use of mountainous districts under Article 15-2 of the same Act; permission for, and reporting on, gathering soil and stones under Article 25 of the same Act; permission for, and reporting on, felling of standing timber, etc. under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act; permission for, and reporting on, activities within forest conservation zones (excluding forest genetic resources protection zones) under Article 9 (2) 1 and 2 of the Forest Protection Act; and cancellation of designation of a forest conservation zone under Article 11 (1) 1 of the same Act;
11. Permission to execute small river construction works under Article 10 of the Small River Maintenance Act, and permission to occupy and use small rivers under Article 14 of the same Act;
12. Authorization for the installation of private-use waterworks under Articles 52 and 54 of the Water Supply and Waterworks Installation Act;
13. Permission to implement park projects and manage park facilities under Article 20 of the Natural Parks Act; permission to engage in activities under Article 23 of the same Act; consultation on changing the shape of a natural park under Article 26 of the same Act, and consultation with the park management agency under Article 71 of the same Act;
14. Approval of, or reporting on, plans for works for constructing electric installations for electric utility under Article 61 of the Electric Utility Act, and approval of, or reporting on, plans for works for setting up electric installations for private use under Article 62 of the same Act;
15. Permission to execute construction works under Article 16 of the Sewerage Act, permission for occupation and use under Article 24 of the same Act, and reporting on the installation of a drainage system under Article 27 of the same Act;
16. Permission to engage in activities, such as altering the form and quality of land under Article 21-2 of the Grassland Act, and permission for, reporting on, or consultation about, converting the use of grassland under Article 23 of the same Act;
(2) Where a management authority intends to formulate or modify an implementation plan or to approve an implementation plan pursuant to Article 37 (2), he/she shall first consult with the heads of related central administrative agencies if the implementation plan contains matters referred to in any subparagraph of paragraph (1). In such cases, the heads of related central administrative agencies shall not agree to have a consultation in violation of the standards for authorization, permission, etc. under the relevant statutes.
(3) Upon receipt of a request for consultation from the management authority under paragraph (2), the heads of related central administrative agencies shall submit their opinions within 20 days after receipt of the request. In such cases, the head of a related central administrative agency who fails to submit his/her opinion within such period shall be deemed to have no opinion.
CHAPTER VII EVALUATION, ETC. OF BATHING BEACHES
 Article 39 (Evaluation of Bathing Beaches)
(1) The Minister of Oceans and Fisheries may conduct an evaluation of the use and management of bathing beaches to improve bathing beach facilities and enhance user convenience. In such cases, the Minister of Oceans and Fisheries may request management authorities to submit necessary materials.
(2) The Minister of Oceans and Fisheries shall select both well-managed bathing beaches and bathing beaches requiring urgent improvement, based on the results of the evaluation under paragraph (1), and may provide necessary support for the management authority of a relevant bathing beach.
(3) Matters necessary for the objects of, method, standards, etc. for, the evaluation of bathing beaches referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 40 (Bathing Beach Evaluation Committee)
(1) The Minister of Oceans and Fisheries may establish a Bathing Beach Evaluation Committee to deliberate on the following:
1. Evaluation of bathing beaches under Article 39 (1);
2. Selection of bathing beaches to be eligible for support under Article 39 (2);
3. Any other matters deemed by the Minister of Oceans and Fisheries to need deliberation to improve bathing beach facilities and environments.
(2) Matters necessary for the composition, operation, etc. of the Bathing Beach Evaluation Committee shall be prescribed by Presidential Decree.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 41 (Bathing Beach Information System)
(1) The Minister of Oceans and Fisheries may establish and operate a bathing beach information system to facilitate the use of bathing beaches and enhance user convenience.
(2) If necessary to efficiently establish and operate the bathing beach information system, the Minister of Oceans and Fisheries may request management authorities or relevant institutions to submit materials.
(3) Matters necessary for the efficient establishment and operation of the bathing beach information system shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 42 (Reporting)
Management authorities shall report to the Minster of Oceans and Fisheries on matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the present status of the use of bathing beaches during the opening period, by the end of October each year.
 Article 43 (Delegation and Entrustment)
(1) Part of the authority of the Minister of Oceans and Fisheries bestowed by this Act may be delegated to heads of affiliated organs, as prescribed by Presidential Decree. <Amended by Act No. 14512, Dec. 27, 2016>
(2) The Minister of Oceans and Fisheries may entrust part of his/her duties under this Act to a specialized institution or organization related to marine affairs, as prescribed by Presidential Decree.
CHAPTER IX PENALTY PROVISIONS
 Article 44 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 14512, Dec. 27, 2016>
1. A person who operates any bathing beach facility during a period of suspension ordered under Article 27 (4);
2. A person who uses sand, etc., which fails to meet the environmental standards required under Article 31 (1), to reinstate or restore a sandy beach;
3. A person who conducts a facility project without having been designated as its implementer under Article 36 (2).
 Article 45 (Penalty Provisions)
A person who conducts a facility project without obtaining approval of an implementation plan therefor from the relevant management authority under Article 37 (2) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
 Article 46 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits any offense provided for in Article 44 or 45 in connection with the affairs of the corporation or the individual, not only shall the offender be punished accordingly, but the corporation or the individual also shall be punished by a fine provided for in the respective relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision regarding the relevant affairs to prevent such offense.
 Article 47 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won:
1. A person designated as an outsourced person under Article 19 by fraud or other improper means;
2. A person who fails to take measures, such as maintenance and repair of facilities, under Article 27 (3).
(2) A person who uses or operates leisure watercraft in a water play area in violation of Article 26 (1) shall be subject to an administrative fine not exceeding one million won.
(3) A person who engages in any activity specified in any subparagraph of Article 22 (1) shall be subject to an administrative fine not exceeding 100 thousand won.
(4) Administrative fines provided under paragraphs (1) through (3) shall be imposed and collected by the relevant management authority, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures)
A bathing beach designated and publicly notified as such by the competent local government as at the time this Act enters into force shall be deemed designated and publicly notified pursuant to Article 6.
ADDENDA <Act No. 12844, Nov. 19, 2014>
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. 13440, Jul. 24, 2015>
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. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14512, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Articles 22 (1), 25 (4), and 28 (5) shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures regarding Administrative Fines)
Where administrative fines are imposed on acts that occur before the amended Article 22 (1) enters into force, the former provisions shall apply.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That where any Act amended by Article 5 of this Addenda was promulgated before this Act enters into force but the enforcement date of such Act has yet to arrive, such provisions of Article 5 amending such Act shall enter into force on the enforcement date of such relevant Act.
Articles 2 through 6 Omitted.