Statutes of the Republic of Korea

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters as delegated by the Act on the Implementation of the Direct Payment Program for Fisheries and those necessary for the enforcement thereof.

Article 2 (Persons Excluded from Applying for Fisheries Direct Payments)

(1)	Persons who do not run fisheries as their main business as referred to in the proviso to Article 5 (1) of the Act on the Implementation of the Direct Payment Program for Fisheries (hereinafter referred to as the “Act”) shall be those falling under any of the following subparagraphs:

1.

An employee insured under Article 6 (2) of the National Health Insurance Act: Provided, That this shall not apply to a daily-paid worker whose employment period is less than one month, a fisher who is engaged in a fisheries partnership under Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities or an Agricultural and fisheries companies under Article 19 thereof;

2.

A person who has received at least five hundred thousand won of subsidies for districts with unfavorable conditions under Article 32 (1) of the Regulation on Implementing Direct Payments for Producers of Agricultural Products in the year immediately before the year of applying for fisheries direct payments for districts with unfavorable conditions under Article 3 of the Act (hereinafter referred to as “fisheries direct payments”).

(2)

The phrase “fisheries households or fishers that ... hold the income and property prescribed by Presidential Decree” in the proviso to Article 5 (1) of the Act means the situations where fishers or members of their households sharing livelihood and residence with such fishers, fall under any of the following cases:

1.	Where the highest grade of global income tax bases referred to in Article 55 (1) of the Income Tax Act applied to them in the year immediately before the year of applying for fisheries direct payments;

2.	Where the highest grade of global income tax bases referred to in Article 9 (1) of the Comprehensive Real Estate Holding Tax Act applied to them in the year immediately before the year of applying for fisheries direct payments.

Article 3 (Composition of Steering Committee without Fishing Village Gye)

Pursuant to the proviso to Article 6 (1) of the Act, a steering committee for fisheries direct payments may be established, on a district unit basis, in a Dong/Ri, or an administrative Dong/Ri under Article 4-2 (4) of the Local Autonomy Act, in case of a district without a fishing village Gye.

Article 4 (Payment Amount of Joint Fund for Fishing Village)

The phrase “amount determined by Presidential Decree” in Article 10 (3) of the Act means not less than 30/100 of fisheries direct payments.

Article 5 (Methods for Providing Materials)

Where 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.”) requests the head of the relevant central administrative agency, etc. to provide relevant materials pursuant to Article 12 of the Act, the heads of the relevant central administrative agency, etc. may provide such materials in an electronic manner through the linkage of an information system between agencies.

Article 6 (Procedures, etc. of Collecting Fisheries Direct Payments)

(1)	Where the Special Self-Governing Province Governor, etc. intends to collect fisheries direct payments pursuant to Article 13 (1) of the Act, he/she shall send a written document concretely specifying the following matters to the person subject to the collection thereof:

1.	The reason of collecting fisheries direct payments and the amount thereof;

2.	The deadline for payment of the collection amount of fisheries direct payments;

3.	The institution in charge of receiving the collection amount of fisheries direct payments.

(2)	The phrase “deadline determined by Presidential Decree” in the main sentence of Article 13 (2) of the Act means the deadline determined by the Special Self-Governing Province Governor, etc. up to 40 days from the date of receipt of a written document referred to in paragraph (1).

Article 7 (Establishment and Operation of Management System for Fisheries Direct Payment System)

The Minister of Oceans and Fisheries may establish and operate a management system for the fisheries direct payment system to seamlessly perform the administrative affairs concerning verifying the persons eligible to apply for fisheries direct payments, selecting the persons eligible to receive fisheries direct payments, and the making of such payment.

Article 8 (Management of Personally Identifiable Information)

The Minister of Oceans and Fisheries, the Special Self-Governing Province Governor, etc. (including a person delegated or entrusted with the relevant authority, if such authority is delegated or entrusted) and the head of an Eup/Myeon/Dong may, if inevitable to treat the following administrative affairs, manage any information containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1.	Administrative affairs concerning the receipt of applications for fisheries direct payments under Article 5 of the Act;

2.	Administrative affairs concerning the receipt of applications for an agreement on making of fisheries direct payments, the verification of whether the fishers applying for fisheries direct payments are qualified and eligible therefor under Article 7 of the Act;

3.	Administrative affairs concerning the making, etc. of fisheries direct payments under Article 10 of the Act;

4.	Administrative affairs concerning the collection of fisheries direct payments and the imposition of additional charges under Article 13 of the Act;

5.	Administrative affairs concerning the establishment and operation of a management system for the fisheries direct payment system under Article 7.

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ENFORCEMENT DECREE OF THE ACT ON THE IMPLEMENTATION OF THE DIRECT PAYMENT PROGRAM FOR FISHERIES