ACT ON THE DEFENSE SEA AREAS TO BE PROTECTED
Wholly Amended by Act No. 1311, Mar. 23, 1963
Amended by Act No. 1581, Dec. 16, 1963
Act No. 2668, Dec. 31, 1973
Act No. 4615, Dec. 27, 1993
Act No. 9294, Dec. 31, 2008
Act No. 12558, May 9, 2014
The purpose of this Act is to designate the sea area that requires military defense and to ensure a smooth execution of naval operations by controlling navigation, fishery and other actions within the area.
[This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
| Article 2 (Designation and Notification, etc.) |
| (1) | With respect to the sea area that requires military defense, the President may, in wartime, national emergency, and when deemed especially necessary for military purposes, designate all or part of the territorial waters as a defensive sea area or alter the designation after undergoing deliberations by the State Council. |
| (2) | The President shall, when a defensive sea area becomes unnecessary for military purposes, cancel the designation of the defensive sea area after undergoing deliberations by the State Council. |
| (3) | Where the President designates, alters, or cancels a defensive sea area under paragraphs (1) and (2), the Minister of National Defense shall announce it without delay. |
[This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
| Article 3 (Emergency Designation) |
| (1) | Where the President may not be able to wait until the designation of a defensive sea area under Article 2 (1) on emergency grounds in military operations for irregular operations, surface combat, anti-amphibious operations, etc., the Chairman of the Joint Chiefs of Staff, the Commander of the Naval Operations Command, or fleet commanders may temporarily designate such area and announce it. |
| (2) | Any person who temporarily designates a defensive sea area pursuant to paragraph (1) shall, without delay, obtain approval from the President via the Minister of National Defense. |
| (3) | Where the President intends to grant approval pursuant to paragraph (2), he/she shall undergo deliberations by the State Council. |
| (4) | In cases of paragraph (2), where approval from the President fails to be obtained, the designation of the defensive sea area becomes ineffective therefrom, and the Minister of National Defense shall announce it without delay. |
[This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
| Article 4 (Permission of Entry and Navigation) |
Any ship that intends to enter and navigate a defensive sea area designated under Articles 2 and 3 (hereinafter referred to as "defensive sea area") shall obtain permission from the Commander of the Naval Operations Command or fleet commanders (hereinafter referred to as "jurisdictional controller"). [This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
| Article 5 (Duties of Ships) |
All ships within a defensive sea area shall observe any order issued, as deemed necessary for military operations by the jurisdictional controller with respect to any of the following matters:
| 1. | Horn, flag hoist, flashing light, lighting, wireless radio and other matters regarding signals and communications of ships; |
| 2. | Departing, floating, mooring, changing of course and other matters regarding the navigation of ships. |
[This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
| Article 6 (Limitation, etc. of Actions) |
| (1) | The jurisdictional controller may, where deemed necessary for military operations, limit or prohibit any action that falls under each of the following subparagraphs: |
| 1. | Excavation of the seashore; |
| 2. | Reclamation or dredging of the sea area; |
| 3. | Installation or alteration of facilities; |
| 4. | Maritime transportation; |
| 5. | Fishing and picking of algae; |
| 6. | Installation or alteration of buoys, beacons, and other marks; |
| 7. | Shooting of various guns or blasting of explosives; |
| 8. | Picking of minerals, earth and stones, or earth and sands; |
| 9. | Finding of drifting materials or sunken materials; |
| 10. | Other actions that are feared to seriously obstruct the execution of military operations. |
| (2) | The jurisdictional controller shall, where he/she intends to limit or prohibit the actions stipulated under paragraph (1), announce such fact. In such cases, with respect to the actions that fall under paragraph (1) 10, the jurisdictional controller shall announce such fact with concrete specifications. |
| (3) | Any person who intends to render the actions limited or prohibited under paragraph (1) shall obtain permission from the jurisdictional controller. |
| (4) | The jurisdictional controller shall, where the limitation or prohibition of the actions under paragraph (1) is no longer necessary, cancel or ease it without delay and announce such fact. |
| (5) | The head of the administrative agency concerned may request the cancellation or easing of the limitation or prohibition of the actions under paragraph (1). |
[This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
| Article 7 (Enforcement, etc. of Eviction) |
The jurisdictional controller may order or enforce a person or ship under any of the following subparagraphs to leave from a defensive sea area or may order them to take measures necessary for the restoration of the site, such as removal of facilities:
| 1. | Any ship which enters or navigates a defensive sea area without obtaining permission under Article 4 (excluding warships and non-commercial government ships of foreign countries; hereinafter the same shall apply); |
| 2. | Any ship which fails to observe an order under Article 5; |
| 3. | A person who conducts the actions limited or prohibited without obtaining permission under Article 6 (3). |
[This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
| Article 8 (Penal Provisions) |
| (1) | The captain or the acting captain of a ship that enters and navigates a defensive sea area without obtaining permission under Article 4 shall be punished by imprisonment for not more than three years or by a fine not more than thirty million won. |
| (2) | Any person who commits a crime under paragraph (1) by negligence shall be punished by a fine not more than three million won. |
[This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
| Article 9 (Penal Provisions) |
Any person under any of the following subparagraphs (in cases of a ship, the captain or the acting captain) shall be punished by imprisonment for not more than one year or by a fine not more than ten million won:
| 1. | Any person who fails to follow an order, enforcement, or order to take measures under Article 5 or 7; |
| 2. | Any person who renders any action limited or prohibited without obtaining permission under Article 6 (3). |
[This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
| Article 10 (Joint Penal Provisions) |
Where the representative of a corporation, or an agent, servant or any other employee of a corporation or individual commits an offence under Article 8 or 9 with respect to the business of such corporation or individual, not only shall the offender be punished but the corporation or individual also shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply to cases where such corporation or individual has not been neglected to pay due attention and supervision concerning the business in order to prevent such violation. [This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
| Article 11 (Special Cases for Warships, etc. of Foreign Countries) |
The jurisdictional controller may, where warships or non-commercial government ships of foreign countries violate this Act, request their corrections or evictions from the defensive sea area.
[This Article Wholly Amended by Act No. 9294, Dec. 31, 2008]
ADDENDUM
This Act shall enter into force as from the date of its promulgation.
ADDENDUM <Act No. 1581, Dec. 16, 1963>
This Act shall enter into force as from the date of enforcement of the amended Constitution promulgated on December 26, 1992.
ADDENDUM <Act No. 2668, Dec. 31, 1973>
This Act shall enter into force as from the date of its promulgation.
ADDENDUM <Act No. 4615, Dec. 27, 1993>
This Act shall enter into force as from the 30 days following the date of its promulgation.
ADDENDUM <Act No. 9294, Dec. 31, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12558, May 9, 2014>
The Act shall enter into force three months after the date of its promulgation.