CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to vitalize the regional economy and contribute to the reinforcement of national competitiveness by facilitating the agglomeration and convergence of maritime industries and ocean-related industries through the designation and operation of maritime clusters.
The terms used in this Act shall be defined as follows:
| 1. | The term "maritime cluster" means an area designated under Article 9 as an area formed centering on idle harbor facilities to facilitate the agglomeration and convergence of maritime industries and ocean-related industries; |
| 2. | The term "idle harbor facility" means a harbor facility defined in subparagraph 5 of Article 2 of the Harbor Act and prescribed by Presidential Decree as a harbor facility the freight handling function of which is substantially downsized due to the creation of new harbor facilities, etc.; |
| 4. | The term "ocean-related industry" means an industry which has a huge effect on connecting maritime industries with its forward or backward industries or has a high potential to be upgraded through convergence with maritime industries; |
| 5. | The term "core industry" means focused maritime industries and ocean-related industries intended to be fostered in a maritime cluster; |
| Article 3 (Responsibilities of State and Local Governments) |
| (1) | The State and local governments shall foster maritime industries and ocean-related industries (hereinafter referred to as "maritime industries, etc.") and prepare and proceed with policies necessary for the systematic development of maritime clusters. |
| (2) | The State and local governments shall prepare and implement measures for providing core industries with administrative and financial supports. |
| Article 4 (Relations with Other Acts) |
Except as otherwise provided for in by other Acts, this Act shall apply to maritime clusters in preference to other Acts.
| Article 5 (Relations with Other Plans) |
CHAPTER II FORMULATION OF MARITIME CLUSTER MASTER PLANS, DESIGNATION OF MARITIME CLUSTERS, ETC.
| Article 6 (Formulation, etc. of Master Plans for Maritime Clusters) |
| (1) | In order to develop maritime clusters systematically, the Minister of Maritime Affairs and Fisheries shall formulate a maritime cluster master plan (hereinafter referred as "master plan") every five years. |
| (2) | Where the Minister of Maritime Affairs and Fisheries intends to formulate a master plan, he/she shall undergo deliberations of the Maritime Affairs and Fisheries Development Committee prescribed in Article 7 of the Framework Act on Marine Fishery Development (hereinafter referred to as the "Maritime Affairs and Fisheries Development Committee") after listening to the opinions of Metropolitan City Mayors, Do Governors or Special Self-Governing Province Governors (hereinafter referred to as “City Mayor/Do Governor") and consulting with the heads of the relevant administrative agencies. |
| (3) | If deemed necessary for domestic and overseas maritime industry trends and changes of harbor conditions, the Minister of Maritime Affairs and Fisheries may revise master plans. |
| (4) | Paragraph (2) shall apply mutatis mutandis to the revision of master plans: Provided That the same shall not apply to minor changes prescribed by Presidential Decree. |
| (5) | Where the Minister of Maritime Affairs and Fisheries formulates or revises a master plan, he/she shall publish the details thereof in the Official Gazette and notify the relevant City Mayors/Do Governors thereof without delay. |
| Article 7 (Details of Master Plans) |
A master plan shall include the following matters:
| 1. | The basic objectives of a maritime cluster; |
| 2. | The directions of mid- to long-term development of a maritime cluster; |
| 3. | The agglomeration, convergence, etc. of maritime industries, etc. within a maritime cluster; |
| 4. | Differentiated development strategies by maritime cluster; |
| 5. | Districts eligible for the creation of a maritime cluster; |
| 6. | The fostering of and supporting for a maritime cluster; |
| 7. | Other matters the Minister of Maritime Affairs and Fisheries deems necessary for developing a maritime cluster. |
| Article 8 (Fact-Finding Surveys) |
| (1) | If deemed necessary for formulating or revising a master plan, the Minister of Maritime Affairs and Fisheries may conduct a fact-finding survey as to the current conditions, etc. of agglomeration and convergence of maritime clusters, etc. |
| (2) | The scope and methods of, and other matters necessary for fact-finding surveys prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 9 (Formulation of Development Plans, Designation, etc. of Maritime Clusters) |
| (1) | If deemed necessary for developing a maritime cluster, the Minister of Maritime Affairs and Fisheries may formulate a maritime cluster development plan (hereinafter referred to as "development plan") and designate a maritime cluster by undergoing deliberations of the Maritime Affairs and Fisheries Development Committee after listening to the opinions of the City Mayors/Do Governors having the jurisdiction thereover and consulting with the heads of the relevant central administrative agencies. |
| (2) | Where the Minister of Maritime Affairs and Fisheries designates a maritime cluster under paragraph (1), he/she have the maritime cluster developed or operated by being divided into at least two project zones as prescribed by Presidential Decree. |
| (3) | A City Mayor/Do Governor may request the Minister of Maritime Affairs and Fisheries to designate maritime clusters within the district under his/her jurisdiction. In such cases, where a maritime cluster requested to be designated spans districts under the jurisdiction of at least two Special Metropolitan Cities, Metropolitan Cities, Dos or Special Self-Governing Provinces, the City Majors/Do Governors having the jurisdiction thereover shall request the designation thereof jointly. |
| (4) | Where a City Mayor/Do Governor intends to request the designation of a maritime cluster under paragraph (3), he/she prepare a development plan covering the districts under his/her jurisdiction and submit such plan to the Minister of Maritime Affairs and Fisheries. In such cases, the City Mayor/Do Governor shall ocnsult with the head of the regional office of oceans and fisheries under his/her jurisdiction and listen to the opinions of the heads of the relevant Sis/Guns/Gus (referring to the heads of autonomous Gus: hereinafter the same shall apply) as prescribed by Presidential Decree. |
| (5) | Where the Minister of Maritime Affairs and Fisheries receives a request for the designation of a maritime cluster from a City Mayor/Do Governor under paragraph (3), he/she shall determine a development plan therefor by undergoing deliberations of the Maritime Affairs and Fisheries Development Committee after consulting with the heads of the relevant central administrative agencies and then designate the maritime cluster. In such cases, he/she shall listen to the opinions of the relevant City Mayors/Do Governors. |
| (6) | Where the Minister of Maritime Affairs and Fisheries designates a maritime cluster, he/she may apply some of the requirements for designation prescribed in the subparagraphs of Article 10 differently as prescribed by Presidential Decree. |
| (7) | Where the Minister of Maritime Affairs and Fisheries designates a maritime cluster under paragraph (1) or (5), he/she shall publish the details thereof in the Official Gazette as prescribed by Presidential Decree, and notify the competent City Mayors/Do Governors thereof without delay. In such cases, matters concerning the publication of topographical maps shall be governed by Article 8 of the Framework Act on the Regulation of Land Use. |
| (8) | A City Mayor/Do Governor who receives a notice prescribed in paragraph (7) shall enable the residents to read the details thereof for at least 14 days. |
| (9) | Matters necessary for the formulation and implementation of development plans, designation of maritime clusters, etc. shall be prescribed by Presidential Decree. |
| Article 10 (Requirement for Designation of Maritime Clusters) |
A maritime cluster shall be designated in areas which comply with the following requirements:
| 1. | An area in conformity with a master plan; |
| 2. | An area the size including idle harbor facilities of which is above a specific size prescribed by Presidential Decree; |
| 3. | An area with an effect of agglomeration and convergence of maritime industries, etc.; |
| 4. | An area contributable to the development of a regional economy; |
| 5. | An area with countermeasures against overlapped designation of areas, districts, etc. under other Acts; |
| 6. | An area with a feasible financing plan, such as financial charge and means of attracting private capital; |
| 7. | An area able to secure infrastructure necessary for maritime clusters; |
| 8. | Other requirements prescribed by Presidential Decree. |
| Article 11 (Details of Development Plans) |
A development plan shall include the following matters:
| 1. | Name, location and size of a maritime cluster; |
| 2. | Conformity with a master plan; |
| 3. | Necessity for the development of a maritime cluster and the effects of development; |
| 4. | Where a maritime cluster is developed by being divided into at least two project zones, the names, locations, and sizes of the project zones divided; |
| 5. | Methods of implementing a development project (in cases of development in phases, including the period of implementation of each phase); |
| 6. | Methods and plans for financing (including foreign investments); |
| 7. | Plan for utilizing harbor districts and harbor facilities; |
| 8. | Plan for supporting enterprises to move in; |
| 9. | Other matters prescribed by Presidential Decree. |
| Article 12 (Revision of Development Plans) |
| (1) | The Minister of Maritime Affairs and Fisheries may, when necessary for the effective development of a maritime cluster or requested by a City Mayor/Do Governor, revise a development plan formulated or determined by undergoing deliberations of the Maritime Affairs and Fisheries Development Committee: Provided, That he/she may not undergo deliberations of the Maritime Affairs and Fisheries Development Committee where intending to revise minor matters prescribed by Presidential Decree. |
| (2) | Where a City Mayor/Do Governor intends to file a request for revision prescribed in paragraph (1), he/she shall do so by attaching the documents prescribed by Ordinance of the Ministry of Maritime Affairs and Fisheries thereto. |
| (3) | Articles 9 and 11 shall apply mutatis mutandis to the revision of development plans prescribed in paragraph (1). |
| Article 13 (Effects of Designation of Maritime Clusters) |
Where a maritime cluster is designated, the following designations, formulations, approvals or revisions shall be considered to have been made or obtained according to the details of the development plan thereof:
| Article 14 (Cancellation of Designation of Maritime Clusters) |
| (1) | Where a maritime cluster designated under Article 9 falls under any of the following cases, the Minister of Maritime Affairs and Fisheries may cancel the entire or part of the maritime cluster through deliberations of the Maritime Affairs and Fisheries Development Committee. The same shall apply where requested by City Mayors/Do Governors: |
| 1. | Where it is impossible or it is anticipated to be impossible to attain the objectives of the designation of a maritime cluster; |
| 2. | Where a City Mayor/Do Governor fails to designate a development project operator prescribed in Article 25 without justifiable grounds by the date on which two years elapses from the date on which the relevant maritime cluster is designated; |
| 3. | Where there are causes equivalent to those in subparagraphs 1 and 2, which are prescribed by Presidential Decree. |
| (2) | Where a City Mayor/Do Governor intends to file a request for cancellation prescribed in paragraph (1), he/she shall do so by attaching the documents prescribed by Ordinance of the Ministry of Maritime Affairs and Fisheries thereto. |
| (3) | Where the area of use of an area the designation as a maritime cluster of which is cancelled under paragraph (1) shall be reverted to the one before it is changed according to the designation as a maritime cluster: Provided, That the same shall not apply to areas in which the development of a maritime cluster is completed. |
| (4) | Article 9 shall apply mutatis mutandis to the cancellation of designation of maritime clusters prescribed in paragraph (1). |
CHAPTER III SUPPORT, ETC. FOR CORE INDUSTRIES
| Article 15 (Cooperation for Creation of Core Industries) |
The State and local governments shall strive to seek the balanced and rational creation of core industries in economic and regional perspectives and shall render cooperation and support necessary therefor.
| Article 16 (Support for Agglomeration and Convergence of Core Industries) |
The State and local governments may provide support necessary for the facilitation of agglomeration and convergence of core industries.
| Article 17 (Designation of Core Industry-Related Technologies, Services, etc. and Support Therefor) |
| (1) | The Minister of Maritime Affairs and Fisheries may designate and publish core industry-related technologies, services, etc. |
| (2) | The Minister of Maritime Affairs and Fisheries may provide support necessary for the research and development, and commercialization of the technologies, services, etc. designated under paragraph (1). |
| (3) | Eligibility, standards and procedures for designation prescribed in paragraph (1), and the scope of support, etc. prescribed in paragraph (2) shall be prescribed by Presidential Decree. |
| Article 18 (Installation and Use of Harbor Facilities, etc.) |
| (1) | The Minister of Maritime Affairs and Fisheries may allow core industry-related enterprises prescribed by Presidential Decree (hereinafter referred to as "core industry-related enterprise") to use the harbor facilities prescribed in subparagraph 5 of Article 2 of the Harbor Act or install and use facilities other than the harbor facilities prescribed by Presidential Decree. |
| (2) | Matters necessary for the scope of use of harbor facilities prescribed in paragraph (1), conditions of use, procedures for use, etc. of harbor facilities and facilities other than harbor facilities shall be prescribed by Ordinance of the Ministry of Maritime Affairs and Fisheries. |
| Article 19 (Taxation Support) |
| Article 20 (Special Cases of Use, etc. of State and Public Property) |
| (1) | Notwithstanding the State Property Act, the Public Property and Commodity Management Act and other Acts and subordinate statutes, the State and local governments may provide core industry-related enterprises with the reduction or exemption of rents of State and public property as prescribed by Presidential Decree. |
| Article 21 (Support for Infrastructure) |
For the facilitation of maritime clusters, the State and local governments may subsidize the entire or part of costs necessary for the installation of infrastructure, such as roads and water as prescribed by Presidential Decree.
| Article 22 (Fostering, etc. of Professional Workforce) |
| (1) | The Government shall formulate and implement policies for the fosterage, management, etc. of workforce having core industry-related professional skills, knowledge or know-how (hereinafter referred to as "professional workforce"). |
| (2) | A policy prescribed in paragraph (1) shall include the following matters: |
| 1. | Fosterage, and education and training of professional workforce; |
| 2. | Supply and demand, and utilization of professional workforce; |
| 3. | Career management, etc. of professional workforce; |
| 4. | Other matters prescribed by Presidential Decree for the fosterage, management, etc. of professional workforce. |
| (3) | For the fosterage of professional workforce, the Minister of Maritime Affairs and Fisheries may designate maritime industry-related universities, research institutes, institutions or organizations as professional workforce fostering institutions. |
| (4) | The Minister of Maritime Affairs and Fisheries may provide professional workforce fostering institutions designated under paragraph (3) with subsidies to cover the entire or part of costs incurred in education, training, etc. |
| (5) | Matters necessary for requirements for designation, designation, cancellation of designation of professional workforce fostering institutions prescribed in paragraph (3), and the scope of support, etc. prescribed in paragraph (4) shall be prescribed by Presidential Decree. |
| Article 23 (International Exchange and Other Business, and Support Therefor) |
In order to ascertain international trends related to core industries and facilitate international cooperation and making inroads into overseas markets, the State and local governments may conduct business, such as the international exchange of professional workforce, and international joint research, or provide support necessary therefor.
CHAPTER IV MARITIME CLUSTER DEVELOPMENT PROJECTS, ETC.
| Article 24 (Construction of New Harbor Facilities, etc.) |
| (1) | Articles 9 through 19 of the Harbor Act shall apply mutatis mutandis to construction concerning the new construction, remodelling, maintenance, repair, dredging. etc. of harbor facilities and facilities other than harbor facilities prescribed in Article 18 (1), on condition that it shall conform to a development plan. |
| (2) | The Minister of Maritime Affair and Fisheries may have a port authority established under the Port Authority Act implement the construction works of port facilities, etc. in accordance with a development plan. |
| Article 25 (Designation of Development Project Operators) |
| (1) | A City Mayor/Do Governor may implement a development project for an area excluding harbor facilities within a maritime cluster (hereinafter referred to as "development project") directly or by designating a development project operator among the following persons. In such cases, the City Mayor/Do Governor shall consult with the Minister of Maritime Affairs and Fisheries in advance: |
| 4. | A person who does not fall under subparagraphs 1 through 3 but complies with the qualifications prescribed by Presidential Decree, such as capital; |
| 5. | A corporation established by contributions made by at least two persons who fall under any of subparagraphs 1 through 3 for the purpose of implementing a development project. |
| (2) | Where a City Mayor/Do Governor designates a development project operator, he/she shall consider the following matters: |
| 1. | Connectivity with maritime industries, etc.; |
| 2. | Financial soundness and the ability to finance; |
| 3. | Records of performance of projects similar to development projects; |
| 4. | Matters published by the Minister of Maritime Affairs and Fisheries as he/she deems such matters necessary for the smooth implementation of a development project. |
| (3) | Where a City Mayor/Do Governor designates a development project operator under paragraph (1), he/she shall publish the details thereof in the Official Gazette. |
| Article 26 (Obligations, etc. of Development Project Operators) |
| (1) | A development project operator shall implement a development project with faith in compliance with a development plan formulated, determined or revised under Articles 9 and 12 and action plan approved under Article 28. |
| (2) | Where a development project operator implements a development project in violation of paragraph (1), the City Mayor/Do Governor may take necessary measures, such as recommendation of performance of obligations, as prescribed by Presidential Decree. |
| Article 27 (Cancellation of Designation, Designation of Alternatives, etc. of Development Project Operators) |
| (1) | Where a development project operator falls under any of the following cases, the City Mayor/Do Governor may cancel the designation thereof: Provided, That where falling under paragraph (1), he/she must cancel the designation thereof: |
| 1. | Where a development project operator has obtained designation, approval, etc. prescribed by this Act by false or other unjust methods; |
| 2. | Where a development project operator fails to perform the obligations prescribed in Article 26 (1) or fails to follow the measures prescribed in paragraph (2) of the same Article without justifiable grounds; |
| 3. | Where a development project operator fails to apply for approval on an action plan by the deadline prescribed in Article 28 (1) and (3) without justifiable grounds; |
| 4. | Where an approved action plan becomes invalid due to development project operator's failure in the observance of deadline for the commencement of development projects prescribed in Article 30; |
| 5. | Where development is anticipated not to be completed within the period of implementation due to delayed purchase of land, etc. by causes attributable to the development project operator; |
| 6. | Where the cancellation of designation of a development project operator is requested for public interest in the event that the development project operator violates this Act. |
| (2) | Where a City Mayor/Do Governor cancels the designation of a development project operator under paragraph (1), he/she may designate a new development project operator as an alternative thereof. In such cases, Article 25 shall apply mutatis mutandis to the designation of the development project operator. |
| (3) | A development project operator designated alternatively under paragraph (2) shall succeed to the status of the former development project operator in connection with the approval of action plan prescribed in Article 28 (1). |
| (4) | Where a City Mayor/Do Governor cancels the designation of or alternatively designates a development project operator under paragraphs (1) and (2), he/she shall publish the details thereof in the Official Gazette. |
| Article 28 (Approval, etc. of Action Plans) |
| (1) | A development project operator shall prepare an action plan for a maritime cluster development project within one year from the date on which he/she is designated under Article 25 (1) and obtain approval from the competent City Mayor/Do Governor therefor as prescribed by Presidential Decree. The same shall apply where he/she revised approved changes. |
| (2) | Where a City Mayor/Do Governor approves an action or approves the change thereof in compliance with the standards prescribed by Presidential Decree, he/she shall consult with the Minister of Maritime Affairs and Fisheries in advance. |
| (3) | Where a development project operator requests the extension of the deadline for approval for action plan due to unavoidable causes, the City Mayor/Do Governor may extend such deadline within six months. |
| (5) | Where a City Mayor/Do Governor approves an action plan or approves the change thereof under paragraph (1), he/she shall publish the details thereof in the Official Gazette without delay and notify the heads of the relevant Sis/Guns/Gus thereof. |
| (6) | A City Mayor/Do Governor shall enable the residents to read the details of approval for action plan or approval for the change thereof for at least 14 days. |
| Article 29 (Legal Fictions of Authorization, Permission, etc.) |
| (1) | Where a development project operator has obtained approval for action plan or approval for the change thereof under Article 28 (1), he/she shall be considered to have obtained the following permission, authorization, designation, approval, consultation, reporting, etc. (hereinafter referred to as "permission, etc."), and where approval for action plan is published under paragraph (5) of the same Article, the publication or public notice of permission, etc. under the following relevant Acts shall be considered to have been made: |
| (2) | Where a City Mayor/Do Governor approves an action or approves the change thereof under Article 28 (1), he/she shall consult with the heads of the relevant administrative agencies in advance if the action plan includes any matter which falls under any of the subparagraphs of paragraph (1). |
| (3) | The head of a relevant administrative agency in receipt of a request for consultation under paragraph (2) shall submit his/her opinions within 20 days, and where he/she fails to submit his/her opinions within such period, he/she shall be considered to have no opinion. |
| (4) | Where it is considered to have obtained permission, etc. under other Acts, under paragraph (1), fees imposed by relevant Acts shall be exempted. |
| Article 30 (Commencement of Development Projects) |
| (1) | A development project operator shall commence a development project within one year from the date on which he/she obtains approval for action plan under Article 28 (1): Provided, That a City Mayor/Do Governor may extend the period once within the scope of one year where it is unavoidable to postpone the deadline for commencement. |
| (2) | In cases of failure in commencing a development project by the deadline for commencement prescribed in paragraph (1), the approval for action plan for the development project shall become invalid on the date following the deadline for commencement. |
| Article 31 (Expropriation of Land) |
| (2) | Where a public notice of approval for action plan prescribed in Article 28 (5) is made, project recognition and public notice of project recognition in Articles 20 and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be considered to have been obtained or made, and notwithstanding Articles 23 and 28 of the same Act, an application for adjudication shall be filed within the period of implementation of projects prescribed by action plan: Provided, That where particulars of land, etc. to be expropriated are included in a development plan prescribed in Article 9 (1) and (5), the public notice of development plans prescribed in Article 9 (7) shall be considered as the public notice of project recognition or public notice of project recognition prescribed in Articles 20 and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and an application for adjudication on the relevant land, etc. shall be filed within the period as determined by development plan prescribed in Article 9 (1) and (5) of this Act. |
| (3) | The land expropriation committee competent for adjudication on the expropriation of land, etc. prescribed in paragraph (1) shall be the Central Land Expropriation Committee. |
| Article 32 (Inspection of Completion of Construction Works) |
| (1) | Where a development project operator completes the entire or part of a development project, he/she shall undergo an inspection of completion of construction works conducted by the competent City Mayor/Do Governor without delay as prescribed by Presidential Decree. In such cases, the competent City Mayor/Do Governor shall consult with the Minister of Maritime Affairs and Fisheries and the heads of the relevant administrative agencies in advance. |
| (2) | Where a development project operator has undergone an inspection of completion of construction works under paragraph (1), he/she shall be considered to have undergone or have obtained an inspection of completion of construction works or authorization for completion of construction works of the relevant project in accordance with permission, etc. in the subparagraphs of Article 29 (1). |
| (3) | No land developed nor facility installed shall be used before the inspection of completion of construction works prescribed in paragraph (1): Provided, That the same shall not apply to cases where a permission for use is obtained from the competent City Mayor/Do Governor as prescribed by Presidential Decree. |
| (4) | A City Mayor/Do Governor shall manage zones in which a development project is completed, in compliance with the district unit plan included in the action plan published under Article 28 (5). |
| Article 33 (Devolvement of Public Facilities, etc.) |
Where a development project operator installs a new public facility (excluding facilities prescribed by Presidential Decree: hereafter the same shall apply in this Article) or installs a facility to replace the existing public facility by implementing a development project, Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the devolvement of such facility.
| Article 34 (Restriction on Disposal of State and Public Land) |
No land owned by the State or local governments and located in a maritime cluster (limited to areas in which a development plan is formulated), which is necessary for a development project under this Act shall be sold nor transferred for purposes other than the purpose of the development project.
| Article 35 (Methods of Disposal, etc. of Formed Land) |
| (1) | A development project operator shall supply land formed by a development project in a maritime cluster (hereinafter referred to as "formed land") as determined by action plan prescribed in Article 28 (1). |
| (2) | Where a development project operator supplies formed land for purposes prescribed by Presidential Decree, such as the attraction of core industry-related enterprises, he/she may do so by attaching conditions, such as the observance of purpose of use designated, observance of obligatory period of use, prohibition of re-sale and special contract of repurchase, and may determine the supply price below the cost price. |
| (3) | Procedures and methods of supplying formed land supplied by a development project operator, price standards and other matters concerning the conditions of supply shall be prescribed by Presidential Decree. |
| Article 36 (Reduction and Exemption, etc. of Taxes and Charges for Development Project Operators) |
| (1) | A local government may, if necessary for the smooth implementation of a maritime cluster development project, reduce or exempt the acquisition tax, registration tax, property tax, etc. of the development project operator as prescribed by the Restriction of Special Local Taxation Act. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 37 (Reporting, Inspection, etc.) |
| (1) | The Minister of Maritime Affairs and Fisheries or a City Mayor/Do Governor may, if necessary for the development of a maritime cluster, order the development project operator to make necessary reports or submit materials, and have public officials under his/her control access the place of business of the development project operator or other necessary places to inspect matters concerning the affairs and accounting of the development project. |
| (2) | Where conducting an inspection prescribed in paragraph (1), an inspection plan including the date and time of inspection, purpose of inspection, matters of inspection, etc. shall be informed to the relevant development project operator: Provided, That the same shall not apply to cases requiring urgency or cases where attaining the purpose of inspection may be hampered due to destruction of evidence, etc. |
Where a City Mayor/Do Governor intends to cancel the designation of a development project operator under Article 27 (1), he/she shall hold a hearing.
| Article 39 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Maritime Affairs and Fisheries under this Act may be delegated to the heads of the regional offices of oceans and fisheries or to City Mayors/Do Governors as prescribed by Presidential Decree. |
| (2) | The Minister of Maritime Affairs and Fisheries may entrust part of this/her duties under this Act to specialized institutions, promotion foundations, etc. related to maritime industries, etc. as prescribed by Presidential Decree. |
CHAPTER VI PENAL PROVISIONS
| Article 40 (Penal Provisions) |
| (1) | A person who falls under any of the followings shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding 70 million won: |
| 1. | A person who has obtained designation of a development project operator by false or other unjust methods; |
| 2. | A person who has obtained approval for action plan or approval for the change thereof by false or other unjust methods. |
| (2) | A person who implements a development project without obtaining approval for action plan or approval for the change thereof shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won. |
| Article 41 (Joint Penal Provisions) |
Where a representative of a corporation, or a proxy, employee or other workers of a corporation or an individual commits an offense prescribed in Article 40 in connection with the business of the corporation or the individual, not only shall the offender be punished but also the corporation or the individual shall be imposed a fine prescribed in the relevant Article: Provided, That the same shall not apply where the corporation or the individual has paid due attention to or diligently supervised the relevant business to prevent such offense.
| Article 42 (Fines for negligence) |
| (1) | A person who falls under any of the followings shall be fined in an amount not exceeding ten million won: |
| 1. | A person who fails to submit reports or materials prescribed in Article 37 (1) or submits a false report or material; |
| 2. | A person who refuses, interferes with or evades an inspection prescribed in Article 37 (1). |
| (2) | A fine for negligence prescribed in paragraph (1) shall be imposed and collected by the Minister of Maritime Affairs or City Mayors/Do Governors as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 Omitted.