ACT ON THE IMPLEMENTATION OF THE DIRECT PAYMENT PROGRAM FOR FISHERIES
Act No. 12825, Oct. 15, 2014
Amended by Act No. 13383, jun. 22, 2015
Act No. 14737, Mar. 21, 2017
The purpose of this Act is to prescribe matters necessary for implementing a fisheries direct payment system for supplementing the income of fishers in fishing villages with low fisheries productivity and unfavorable settlement conditions, and for invigorating such fishing villages.
The Definitions of the terms used in this Act shall be as follows: <Amended by Act No. 13383, Jun. 22, 2015; Act No. 14737, Mar. 21, 2017>
| 2. | “Fishers” means persons who run fisheries. |
| Article 3 (Implementation of Fisheries Direct Payment System in Districts with Unfavorable Conditions) |
The Minister of Oceans and Fisheries may, to secure the income stability, etc. of fishers, make fisheries direct payments for districts with unfavorable conditions (hereinafter referred to as “fisheries direct payments”) to fishers who run fisheries in districts with low fisheries productivity and unfavorable settlement conditions.
| Article 4 (Selection, etc. of Districts with Unfavorable Conditions) |
| (1) | The Minister of Oceans and Fisheries shall select and publicly notify districts with unfavorable conditions in consideration of the distance between the relevant island and the mainland, the fisheries productivity, the settlement conditions, etc., and shall inform such districts to the Special Self-Governing Province Governor or the head of a Si/Gun/autonomous Gu (hereinafter referred to as “the Special Self-Governing Province Governor, etc.”). |
| (2) | The Special Self-Governing Province Governor, etc. shall inform the districts with unfavorable conditions to the heads of the relevant Eup/Myeon/Dong and the heads of such Eup/Myeon/Dong shall publish the districts with unfavorable conditions on a notice board for ten or more days. |
| (3) | Matters necessary of the details and procedures of public notification under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 5 (Application for Fisheries Direct Payments) |
| (1) | The fishers residing in a district with unfavorable conditions referred to in Article 4, who falls under any of the following subparagraphs, may apply for fisheries direct payments: Provided, That, among those persons who fall within the median or higher of the tax bases referred to in the Income Tax Act or the Comprehensive Real Estate Holding Tax Act, the fisheries households or fishers that either do not run fisheries as their main business or hold the income and property prescribed by Presidential Decree shall be excluded: |
| 1. | A person whose annual sales of fishery products by running fisheries are not less than one million and two hundred thousand won; |
| 2. | A person who is engaged in fisheries for 60 or more days per year. |
| (2) | Persons applying for fisheries direct payments shall make an application with a fisheries household as a unit, and fishers belonging to the same fisheries household may not make duplicate applications. |
| Article 6 (Procedures for Selecting Fishing Village Eligible for Fisheries Direct Payments, and Other Related Matters) |
| (1) | The fishers who intend to receive fisheries direct payments shall organize a steering committee for fisheries direct payments (hereinafter referred to as “the steering committee”) with, as a unit, a fishing village gye established pursuant to Article 15 of the Fisheries Cooperatives Act: Provided, that, in a district without a gye, a steering committee may be organized with a village as a unit, as prescribed by Presidential Decree. |
| (2) | The steering committee shall prepare an application for a project for fisheries direct payments for districts with unfavorable conditions (hereinafter referred to as an “application for the project”) and a plan for developing fishing villages, and submit them to the Special Self-Governing Province Governor, etc. via the head of the relevant Eup/Myeon/Dong. |
| (3) | The Special Self-Governing Province Governor, etc. shall select fishing villages eligible for fisheries direct payments after examining applications for the project and plans for developing fishing villages and inform the heads of the relevant Eup/Myeon/Dong and the steering committees of such selection. |
| (4) | Matters necessary for the organization and operation of the steering committee, the preparation of applications for the project, the selection of fishing villages eligible for fisheries direct payments, and other matters related thereto shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 7 (Filing, etc. of Applications for Agreement on Making of Fisheries Direct Payments) |
| (1) | Fishers of the fishing villages selected as those eligible for fisheries direct payments pursuant to Article 6 (3) shall, in order to apply for fisheries direct payments, file an application for an agreement on making fisheries direct payments (hereinafter referred to as an “application for the agreement”) with the head of the relevant Eup/Myeon/Dong via the steering committee. |
| (2) | The head of the relevant Eup/Myeon/Dong shall verify whether fishers applying for fisheries direct payments are eligible and qualified therefor and file the result of such verification and the application for the agreement with the Special Self-Governing Province Governor, etc. |
| (3) | Detailed matters necessary for preparation of the applications for the agreement and the verification of eligibility and qualification of fishers, as referred to in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 8 (Selection of Persons Eligible for Fisheries Direct Payments) |
| (1) | Where fishers applying for fisheries direct payments pursuant to Article 7 (1) are deemed eligible for fisheries direct payments, the Special Self-Governing Province Governor, etc. shall select them as persons eligible for fisheries direct payments and inform the head of the relevant Eup/Myeon/Dong and the steering committee of the result of such selection. |
| (2) | The steering committee shall inform the fishers applying for fisheries direct payments of the result of selection as persons eligible for fisheries direct payments under paragraph (1). |
| Article 9 (Conclusion, etc. of Management Agreement) |
| (1) | The Special Self-Governing Province Governor, etc. shall conclude an agreement on the management of districts with unfavorable conditions (hereinafter referred to as “the management agreement”) with the steering committee which has been informed of the result of the selection of persons eligible for fisheries direct payments pursuant to Article 8 (1). |
| (2) | The following matters shall be included in the management agreement: |
| 1. | Persons eligible for fisheries direct payments and current status of fisheries; |
| 2. | Tasks of the steering committee; |
| 3. | Responsibilities and duties of persons eligible for fisheries direct payments; |
| 4. | Methods and time of paying fisheries direct payments; |
| 5. | Creation rate of a joint fund for fishing villages and usage thereof; |
| 6. | Other matters determined by the Minister of Oceans and Fisheries. |
| (3) | In addition to the matters provided for in paragraphs (1) and (2), other matters necessary for the conclusion etc. of a management agreement shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 10 (Payment, etc. of Fisheries Direct Payments) |
| (1) | The Special Self-Governing Province Governor, etc. shall verify the fulfillment of requirements for making fisheries direct payments, such as compliance with the management agreement, to make fisheries direct payments to the fishers who fulfill requirement for such payment. |
| (2) | The amount of fisheries direct payments under paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries in consultation with the Minister of Strategy and Finance, in consideration of the discrepancy of fisheries incomes between general regions and regions with unfavorable conditions, the inflation rare, etc. |
| (3) | The Special Self-Governing Province Governor, etc. may pay a certain amount determined by Presidential Decree out of the fisheries direct payments, as a joint fund for fishing villages to be used for invigorating fishing villages. |
| (4) | Where requirements for making fisheries direct payments under paragraph (1) fail to be fulfilled, the Special Self-Governing Province Governor, etc. may not wholly or partially make fisheries direct payments. |
| (5) | Matters necessary for requirements and procedures for making fisheries direct payments and the verification of fulfillment of such requirements under paragraph (1), the payment of a joint fund for fishing villages under paragraph (3) and detailed standards for restriction on making fisheries direct payments under paragraph (4) shall be prescribed by Ordinance of the Ministry of Ocean and Fisheries. |
The Special Self-Governing Province Governor, etc. shall report the following matters to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:
| 1. | Matters concerning the making of fisheries direct payments; |
| 2. | Matters concerning the selection of persons eligible for fisheries direct payments; |
| 3. | Matters necessary for implementing the fisheries direct payment system, which are determined by the Minister of Oceans and Fisheries. |
| Article 12 (Request for Provision of Materials) |
The Special Self-Governing Province Governor, etc. may, if necessary for efficiently implementing the fisheries direct payment system, request the head of the relevant central administrative agency, the head of a local government or the head of a public institution under Article 4 of the Act on the Management of Public Institutions to provide relevant materials: In such cases, the head of the relevant agency, etc. requested to provide the materials shall comply with such request, unless in extenuating circumstances.
| Article 13 (Collection and Additional Charges) |
| (1) | Where a person who has received fisheries direct payments is not a person eligible therefor, the Special Self-Governing Province Governor, etc. shall suspend the making of fisheries direct payments to him/her, and collect the amount of fisheries direct payments already paid out, if any. In such cases, where such person has received fisheries direct payments in a false or otherwise unjust manner, the Special Self-Governing Province Governor, etc. shall additionally collect two times the already paid amount thereof. |
| (2) | Where an obligor for payment under paragraph (1) fails to pay in full by the deadline determined by Presidential Decree, the Special Self-Governing Province Governor, etc. shall impose an additional charge according to the following classifications: |
| 1. | Where he/she pays such amount within one week from the date on which the deadline for payment expires: An amount equivalent to one percent of the amount in arrears; |
| 2. | Where he/she pays such amount after one week from the date on which the deadline for payment expires: An amount equivalent to three percent of the amount in arrears. |
| (3) | Where an obligor for payment fails to pay the amount in arrears, the Special Self-Governing Province Governor, etc. shall impose an amount calculated by adding an additional charge equivalent to one percent of the amount in arrears to the additional charge referred to in paragraph (2) upon the lapse of every one month from the date on which the deadline for payment expires. In such cases, total amount of additional charges shall not exceed nine percent of the amount in arrears referred to in paragraph (2). |
| (4) | Where an obligor for payment fails to pay the amounts or additional charges subject to collection referred to in paragraphs (1) through (3), the Special Self-Governing Province Governor, etc. may collect them in the same manner as national taxes in arrears are collected. |
| Article 14 (Penal Provisions) |
A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:
| 1. | A person who receives fisheries direct payments in a false or otherwise unjust manner; |
| 2. | A person who falsely verifies the records of either sales of fisheries products or engagement in fisheries with knowledge that the content of any application for agreement submitted pursuant to Article 7 (1) is false. |
ADDENDUM
This Act shall enter into force six months after this Act enters into force.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after this Act enters into force. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 14737, Mar. 21, 2017>
This Act shall enter into force on the date of its promulgation.