ENFORCEMENT DECREE OF THE RIVER ACT
Wholly Amended by Presidential Decree No. 20763, Apr. 3, 2008
Amended by Presidential Decree No. 21565, jun. 26, 2009
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21744, Sep. 21, 2009
Presidential Decree No. 21824, Nov. 16, 2009
Presidential Decree No. 21887, Dec. 15, 2009
Presidential Decree No. 21931, Dec. 30, 2009
Presidential Decree No. 22540, Dec. 20, 2010
Presidential Decree No. 22829, Apr. 4, 2011
Presidential Decree No. 23716, Apr. 10, 2012
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 23928, Jul. 4, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27282, jun. 28, 2016
Presidential Decree No. 27362, Jul. 19, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28190, Jul. 17, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28327, Sep. 19, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide for matters delegated by the River Act and other matters necessary to enforce such delegated matters.
| Article 2 (River Facilities) |
"Facilities prescribed by Presidential Decree" in subparagraph 3 (d) of Article 2 of the River Act (hereinafter referred to as the "Act") means detention ponds necessary for the management of rivers, waterway tunnels, river test stations, and facilities established under the Act and published by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28190, Jul. 17, 2017>
| Article 3 Deleted. <by Presidential Decree No. 28190, Jul. 17, 2017> |
| Article 4 (Mutatis Mutandis Application of Requests for Permission) |
Articles 29, 34, 45 or 55 shall apply mutatis mutandis to a project that requires the State or a local government to consult with, or receive approval from, the river management agency prior to its implementation under Article 6 of the Act.
CHAPTER II DESIGNATION OF RIVERS, ETC.
| Article 5 (Designation of Local Rivers) |
Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") designates any local river, changes the designation thereof or revokes its designation in accordance with Article 7 (3) of the Act, the following shall be complied with: <Amended by Presidential Decree No. 23716, Apr. 10, 2012> | 1. | The ending point of any local river, which is connected to the starting point of any national river or any local river, shall coincide with such starting point; |
| 2. | A river shall not be designated by two or more names; |
| 3. | If public waters reclamation, etc. results in a change to any coastline, the ending point of a river shall also be changed. |
| Article 6 (Land of River Area) |
| (1) | "Method prescribed by Presidential Decree" as provided for in Article 10 (1) 6 of the Act means the arithmetic average of the maximum river flows of each year for a decade. |
| (2) | When any determination is made on land under Article 10 (1) 6 of the Act, in cases where the relevant situation occurs temporarily due to a big flood or any other natural phenomenon or a change occurs in the route of flow, it shall be excluded. |
| (3) | The river management agency may, when necessary to determine the scope of river area that shall be designated as such because it falls within Article 10 (1) 6 of the Act, request the Association under Article 88 of the Act to review the propriety of such determination. |
| Article 7 (Scope of Flood Control Area) |
| (1) | "Area within the specific boundary prescribed by Presidential Decree" in Article 12 (1) 2 of the Act means any of the following subparagraphs: <Amended by Presidential Decree No. 28190, Jul. 17, 2017> |
| 1. | Areas within the reach of ordinary floods, up to a 500-meter radius from the boundary of a river basin; |
| 2. | Minimum areas necessary to preserve rivers and river facilities, within a 500-meter radius from the boundary of a river basin; |
| (2) | Where an area falling under paragraph (1) is to be designated as a flood control area, Article 6 (3) shall apply mutatis mutandis. |
| Article 8 (River Facilities Requiring Management Regulations) |
"River facilities prescribed by Presidential Decree, including a dam, reservoir, and floodgate" in Article 14 (1) of the Act means any of the following facilities: <Amended by Presidential Decree No. 21824, Nov. 16, 2009> | 1. | Dams, estuarine banks, flood control areas, drain canals, and reservoirs; |
| 3. | Detention ponds, floodgates, and drain pumping lots designated by the river management agency. |
CHAPTER III SURVEYS AND PREPARATION OF PLANS
| Articles 9 through 17 Deleted. <by Presidential Decree No. 28190, Jul. 17, 2017> |
| Article 17-2 (Method of Examination on Riverbed Changes and Cycle and Period therof) |
| (1) | The examination on riverbed changes under Article 21-2 (1) of the Act (hereafter referred to as “riverbed changes”) shall be conducted by the following methods: |
| 1. | Leveling, including longitudinal leveling and cross leveling; |
| 2. | Collection of materials of riverbed and sediment measurement; |
| 3. | Estimation of riverbed changes and analysis of riverbed changes by year; |
| 4. | Prediction of future riverbed changes using numerical model for river; |
| 5. | Other methods necessary for the analysis and evaluation of the impact of riverbed changes. |
| (2) | Riverbed changes shall be examined every ten years in connection with the formulation of basic river plans under Article 25 (1) of the Act: Provided, That such examination can be conducted biannually in sections with frequent occurrence of scour and sedimentation, such as direct downstream water of dams, upstream and downstream water of multi-functional weirs, confluence of tributaries, areas installed with water-intake facilities, from among river sections of the Han River, Nakdong River, Geum River, Yeongsan River, and Seomjin River; every one year in areas with large level of riverbed changes; and in varying cycle within the scope of every five years in areas with small level of river changes. |
| (3) | A river management agency may conduct frequent examinations or special examinations in addition to the regular examination under paragraph (2) where it is deemed necessary due to occurrence of flood and other reasons. |
| (4) | Riverbed changes shall be examined after flood seasons: Provided, That frequent examinations or special examinations under paragraph (3) may be conducted before or during flood seasons. |
| (5) | The method of, timing for, and cycle of examination on riverbed changes, processing and use of data, and other details necessary for examination on riverbed changes, other than the matters described in paragraphs (1) through (4), shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 27362, Jul. 19, 2016]
| Article 17-3 (Education on Persons Engaged in Affairs Related to Examination on Riverbed Changes) |
| (1) | Persons engaged in examination on riverbed changes shall receive education of at least 18 hours within 2 years from the date he/she began being engaged in the affairs related to examination on riverbed changes, and shall receive re-education every three years. |
| (2) | The Minister of Land, Infrastructure and Transport shall, by not later than 60 days prior to the beginning of the education under paragraph 2, notify the persons subject to education and education plan to the institutions to which the persons subject to education belong. |
| (3) | The Minister of Land, Infrastructure and Transport shall issue a certificate to a person who completed the education under paragraph (1), and notify the results thereof to the institution to which the person belongs. |
| (4) | Details necessary for the education under paragraph (2) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 27362, Jul. 19, 2016]
| Article 18 (Building and Operation of River Management Information System) |
| (1) | The river management information system under Article 22 (1) of the Act (hereinafter referred to as "river management information system") shall include the following: <Amended by Presidential Decree No. 21824, Nov. 16, 2009; Presidential Decree No. 27362, Jul. 19, 2016; Presidential Decree No. 28190, Jul. 17, 2017> |
1 through 2-4. Deleted; <by Presidential Decree No. 28190, Jul. 17, 2017>
4 and 5. Deleted; <by Presidential Decree No. 28190, Jul. 17, 2017>
| 6. | Data necessary to establish plans to efficiently use and manage river. |
| (2) | The Minister of Land, Infrastructure and Transport may, if it is deemed necessary to efficiently build and operate the river management information system, promote the standardization of production, management and distribution of data referred to in each subparagraph of paragraph (1). <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28190, Jul. 17, 2017> |
| (3) | The Minister of Land, Infrastructure and Transport shall, when intending to standardize the water resource information system in accordance with paragraph (2), consult with relevant administrative agencies, organizations, etc. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28190, Jul. 17, 2017> |
| Articles 19 through 23 Deleted. <by Presidential Decree No. 28190, Jul. 17, 2017> |
| Article 24 (Formulation of Basic River Plans) |
| (1) | In formulating basic river plans pursuant to Article 25 (1) of the Act (hereinafter referred to as "basic river plan"), changes in the national land plan and urban/Gun plans of river basins shall be taken into consideration, and basic river plans shall be formulated by region based on the common river basin map (referring to the river basin map where the whole country is divided into regions by the Minister of Land, Infrastructure and Transport in light of the use of water, flood control, and the environment). <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | The following shall be included in the basic river plans: <Amended by Presidential Decree No. 21824, Nov. 16, 2009; Presidential Decree No. 27282, Jun. 28, 2016> |
| 1. | Objectives of the basic river plans; |
| 2. | The following matters regarding the overall status of rivers: |
| (a) | The current overall status, such as the characteristics of river basins; |
| (b) | The natural conditions, such as rainfall and weather; |
| (c) | The quality of water and ecosystems of such rivers; |
| (d) | The current status of damage from floods or droughts; |
| (e) | The current status of utilization of river water; |
| (f) | Matters concerning the survey control points to understand the topography and features of river basins; |
| 3. | Flood defense schemes of flood defense facilities, including embankments, dams, reservoirs, flood control areas, and drain canals; |
| 4. | Flood defense schemes according to land utilization plans, etc.; |
| 5. | Annual implementation plans for flood defense schemes; |
| 6. | The following matters regarding the execution of river works: |
| (a) | The reference flood discharge (referring to the natural flood discharge, not regarding the flood control plan to be executed by means of flood defense facilities, such as embankments, dams, reservoirs, flood control areas, and drain canals) and the allotment of the flood discharge; |
| (b) | Predetermined flood discharge; |
| (c) | Predetermined flood elevation; |
| (d) | Predetermined river width and the boundaries thereof; |
| (e) | Improvement of a river channel and flow regime; |
| 7. | Matters pertaining to the provision of basic data necessary for determining the river area and the flood control area; |
| 8. | Matters pertaining to the creation of an environmentally-friendly river; |
| 8-2. | Matters pertaining to the preservation and utilization of desolate river sites, etc. pursuant to Article 84 (1) of the Act; |
| 9. | Other matters necessary for the preservation of the river environment and the proper use thereof. |
| 1. | Increase in the predetermined flood discharge under paragraph (2) 6 (b) within the scope of not more than 10/100; |
| 2. | Expansion of predetermined river width under paragraph (2) 6 (d) within the scope of not more than 10/100 or the reduction thereof within the scope of not more than 1/100. |
| Article 24-2 (Standards, etc. for Formulation of Basic River Plans) |
| (1) | A basic river plan under Article 25 (8) of the Act shall be formulated in accordance with the following standards: <Amended by Presidential Decree No. 28190, Jul. 17, 2017> |
| 1. | It shall be a comprehensive plan formulated for the systematic maintenance, use of river, and nature-friendly management, etc., in consideration of all matters related to water control, water use, environment, waterfront, etc., including rainfall in the basin, river flow, river environment, and use of river; |
| 3. | Prior consultation with related institutions shall be made for matters related to the basic river plan by examining related plans, such as urban/Gun plan under the National Land Planning and Utilization Act, for the relevant river basin. |
| (2) | A river management agency shall hear from the residents and relevant experts, etc. in formulating the basic river plan under Article 25 (1) of the Act. |
| (3) | Deleted. <by Presidential Decree No. 28190, Jul. 17, 2017> |
| (4) | Detailed matters regarding standards, procedures, method for the formulation of the basic river plan and hearing of the opinions of the residents, etc. under paragraphs (1) through (3) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 27362, Jul. 19, 2016]
| Article 25 (Development of Emergency Countermeasure Plans) |
| (1) | "River facilities prescribed by Presidential Decree" in the main sentence of Article 26 (1) of the Act means the following dams: |
| 2. | Power-generation dams; |
| 3. | Dams whose total water storage capacity is not less than 300,000 tons, which do not fall under subparagraph 1 or 2. |
| (2) | The emergency countermeasure plan (hereinafter referred to the "emergency countermeasure plan") provided for in the main body of Article 26 (1) of the Act shall include the matters falling under the following subparagraphs: |
| 1. | A brief description of the relevant dam and the surrounding environment thereof; |
| 2. | Areas that are expected to be inundated in the event of the collapse of the relevant dam; |
| 3. | Emergency communications systems; |
| 4. | Matters pertaining to the procedures for issuing emergency alerts, etc.; |
| 5. | Guidelines on first aid activities in the event of an emergency; |
| 6. | Plans for emergency evacuation; |
| 7. | Matters pertaining to plans for accommodation of flood victims; |
| 8. | Joint response of the relevant institutions and organization; |
| 9. | Other matters necessary to cope with emergencies. |
| (3) | The heads of relevant central administrative agencies may financially assist the installers of river facilities referred to in each subparagraph of paragraph (1) to cover part of the expenses incurred in developing their respective emergency countermeasure plans. |
CHAPTER IV EXECUTION OF RIVER WORKS, ETC.
| Article 26 (Formulation of River Works Execution Plans) |
| (1) | River works execution plans pursuant to Article 27 (1) of the Act (hereinafter referred to as "river works execution plan") shall include matters falling under the following subparagraphs: |
| 1. | The name of river works; |
| 2. | The purposes and summary of such river works; |
| 3. | The location of the area in which river works are to be implemented; |
| 4. | The name and address of the contractor of such river works; |
| 5. | The scheduled date of commencement and completion of such river works; |
| 6. | Documents stating the details of items or rights falling under the following items and names and addresses of owners and right holders other than owners: |
| (a) | Land or rights other than the ownership of such land; |
| (b) | Items fixed to land and rights other than the ownership of such items; |
| 7. | Construction documents (in cases where river works are divided into two or more works sections, such construction documents shall be developed for each works section); |
| 8. | The estimated costs of such works project and plans for raising funds to meet such costs (including annual investment plans); |
| 9. | The schedule for the river works; |
| 10. | Matters concerning the management of river facilities; |
| (2) | "Minor river works prescribed by Presidential Decree" in the proviso to Article 27 (1) of the Act means works falling under any of the following subparagraphs: |
| 2. | Routine works implemented to maintain and repair rivers. |
| (3) | A river management agency shall, when establishing or altering a river works execution plan, take into account matters referred to in paragraph (1) 1 through 6. |
| Article 26-2 (Facilities Subject to Maintenance and Repair of National Rivers) |
"Facilities prescribed by Presidential Decree" in Article 27 (5) 4 of the Act means any of the following: <Amended by Presidential Decree No. 27282, Jun. 28, 2016; Presidential Decree No. 28190, Jul. 17, 2017> | 1. | A flood control area, reservoir, floodgate, dock, and lock; |
| 1-2. | Facilities in the vicinity of banks, low-flow channels, and weirs, which are related to the stabilization of channels, such as floodplain where water flows over low-flow channels in time of flood; |
| 2. | Other public relations centers, observation platforms, and resting facilities or river control offices attached thereto, which are established to efficiently manage water resources. |
[This Article Newly Inserted by Presidential Decree No. 23716, Apr. 10, 2012]
| Article 27 (Works, etc. for Other Installations) |
| (1) | A river management agency shall, when intending to undertake works pursuant to each subparagraph of Article 27 (6) of the Act, notify the manager of the relevant installations or a person liable to undertake the relevant works: Provided, That where the manager of the relevant installations, etc. is an administrative agency, the river management agency shall consult in advance with such administrative agency. <Amended by Presidential Decree No. 21824, Nov. 16, 2009> |
| (2) | A river management agency shall, when intending to maintain and repair other installations pursuant to Article 27 (6) of the Act, furnish a plan for the maintenance and repair of such installations and a cost estimate to the manager of the other installations, etc. |
| (3) | A river management agency shall, when giving a notice or seeking consultations under paragraph (1), make a written request for such consultations, along with design documents for such works. |
| (4) | A river management agency shall, when completing works for other installations or other works referred to in Article 27 (6) of the Act, furnish without delay a construction completion report, design drawings and the statement of accounts of costs to the manager of other relevant installations, etc. |
| (5) | A river management agency shall publish the following in the Official Gazette or the Official Report pursuant to Article 27 (7) of the Act: |
| 1. | The name of the river works; |
| 2. | The purposes and summary of such river works; |
| 3. | The location of an area where such river works are implemented; |
| 4. | The name and address of the contractor of such river works; |
| 5. | The date of commencement and completion of such river works; |
| 6. | Detailed records of land incorporated within the river area; |
| 7. | A topographic map of the river area, on which the land registers are indicated with a scale of 1:15,000,000 or greater; |
| 8. | The estimated area of desolate river sites created by such river works, plans for preservation and disposal thereof under Article 84 (1) of the Act; |
| 9. | Matters concerning the management of completed facilities. |
| Article 28 (Execution of River Works by Proxy) |
| (1) | The Minister of Land, Infrastructure and Transport may execute, by proxy, river works falling under any of the following subparagraphs in accordance with Article 28 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | River works for local rivers; |
| 2. | River works implemented to maintain and repair national rivers. |
| (2) | The Minister of Land, Infrastructure and Transport shall, when intending to execute river works by proxy pursuant to Article 28 (1) of the Act, notify the Mayor/Do Governor of the matters referred to in Article 26 (1) 1 through 5. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport may have the Mayor/Do Governor or the Korea Water Resources Corporation under paragraph (3) execute, by proxy, river works falling under any of the following subparagraphs pursuant to Article 28 (2) of the Act: <Amended by Presidential Decree No. 21824, Nov. 16, 2009; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Disaster recovery work; |
| 4. | Other river works recognized by the Minister of Land, Infrastructure and Transport as necessary, in consideration of the sustainable development of the land, revitalization of the local economy, local characteristics, and technology levels, etc. |
| (5) | The Minister of Land, Infrastructure and Transport shall, when intending to have works under paragraph (4) executed by proxy, notify in advance the person who executes the relevant works by proxy of the matters falling under the following subparagraphs and consider his/her opinion: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Matters referred to in Article 26 (1) 1 through 5; |
| 2. | The amount of budget (including plans for annual contribution of funds and raising such funds). |
| (6) | The Minister of Land, Infrastructure and Transport shall, when publishing the completion of river works in accordance with Article 28 (4) of the Act, immediately notify the Mayor/Do Governor of the details thereof; and a person who executes, by proxy, river works under Article 28 (2) of the Act shall, when publishing the completion of river works, immediately notify the Minister of Land, Infrastructure and Transport of the statement of accounts of costs and the details of the public notice of completion. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 29 (Permission, etc. for Implementation of River Works by Persons, other than River Management Agencies) |
| (1) | Where a person who is not a river management agency intends to obtain permission for river works or the maintenance and management of a river in accordance with Article 30 (1) of the Act, he/she shall file an application for permission with the river management agency, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | "Minor matters prescribed by Presidential Decree" in the proviso to Article 30 (1) of the Act means works implemented for the routine repair or maintenance of a river which does not affect the structure of such river. |
| Article 30 (Deposit of Construction Costs) |
| (1) | A river management agency shall have the applicant for permission under Article 30 (1) of the Act deposit the amount equivalent to the costs of river works pursuant to Article 30 (4) of the Act, in the joint account of the river management agency and the applicant at a financial institution designated by the river management agency. |
| (2) | Notwithstanding paragraph (1), a river management agency may allow the construction costs under Article 30 (4) of the Act to be deposited with a written guaranty, etc. falling under any of the following subparagraphs at the river management agency: <Amended by Presidential Decree No. 21744, Sep. 21, 2009> |
| (3) | A river management agency shall, upon receiving a request from a person who has obtained permission pursuant to Article 30 (1) of the Act, allow him/her to withdraw the amount deposited under paragraph (1) according to the progress of the relevant works. |
| Article 31 (Application, etc. for Approval for River Works Execution Plans, etc.) |
| (1) | Any person who has obtained permission for any river works or maintenance or repair pursuant to Article 30 (1) of the Act shall file an application for permission of his/her river works execution plan under Article 30 (5) of the Act (hereinafter referred to as "river works execution plan") within six months from the date of permission, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That, if the river management agency deems that there exist inevitable reasons, it may extend the deadline within six months. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | River works execution plans shall include matters set out in each subparagraph of Article 26 (1). |
| (3) | Where any person who has obtained permission for the river works execution plan intends to alter matters other than those falling under any of the following subparagraphs from among the permitted matters, he/she shall obtain permission for changes in accordance with the latter part of Article 30 (5) of the Act: |
| 1. | Matters concerning the change in the address of the contractor; |
| 2. | Where the contractor is a corporation, the change of its representative; |
| 3. | The alteration of the execution area, caused by errors in the work area; |
| 4. | The alteration of facilities and equipment within the scope which does not result in any change in the costs of works. |
| Article 32 (Blanket Processing, etc. of Matters Requiring Multiple Permissions) |
| (1) | Where not less than two matters requiring permission overlap with or are related to one another from among the matters requiring permission under Article 30 (1), 33 (1) or 50 (1) of the Act, the river management agency may grant permission for the primary matters requiring permission together with the permission for other matters overlapping therewith or related thereto, insofar as the relevant river management agency has the authority to grant permission both for the primary matters requiring permission in accordance with the classification of attached Table 2 and for other matters overlapping therewith or related thereto. |
| (2) | In cases where the authority to grant permission for the primary matters requiring permission in accordance with the classification of attached Table 2 and that for other matters overlapping therewith or related thereto rests with different agencies under Article 105, any agency that holds the authority for the former may grant permission therefor together with the permission for the latter, notwithstanding Article 105. In such cases, the head of the agency that holds the authority to grant permission for the primary matters requiring permission shall consult in advance with the head of the agency which holds the authority to grant permission for other matters overlapping therewith or related thereto. |
| Article 33 Deleted. <by Presidential Decree No. 28190, Jul. 17, 2017> |
CHAPTER V OCCUPATION AND USE, ETC. OF RIVERS
| Article 34 (Applications for Permission for Occupation and Use, etc. of Rivers) |
| (1) | Any person who intends to obtain permission under Article 33 (1) of the Act (hereinafter referred to as "permission for occupation and use of a river") shall submit to the river management agency an application for such permission (including submission by means of electronic documents), accompanied by any documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | "Matters prescribed as important by Presidential Decree" in the main body of Article 33 (1) of the Act means any of the following: |
| 1. | The purposes and areas of occupation and use; |
| 2. | The quantity of soil, sand or gravel collected; |
| 3. | The period of occupation and use permitted; |
| 4. | Other matters expressively prescribed when permission for occupation and use of a river has been granted. |
| (3) | A river management agency shall, if deemed that granting permission as requested in the details of an application for the permission for occupation and use of a river under paragraph (1) may affect social infrastructure such as roads, railways, etc., consult in advance with the head of the relevant administrative agency. |
| Article 35 (Activities of Occupation and Use of Rivers and Other Relevant Matters) |
| (1) | "Activities prescribed by Presidential Decree" in Article 33 (1) 6 of the Act means activities falling under any of the following: <Amended by Presidential Decree No. 21824, Nov. 16, 2009> |
| 1. | Collecting bamboo, trees, reeds, grass or waterweed, etc.; |
| 4. | Installing skating rinks, decks for excursion ships or ferries, or marinas (in cases of decks for excursion ships or ferries or marinas, limited to floating types); |
| 6. | Adding any object that may affect the preservation of a river to an object occupying the river, by any person other than the river management agency. |
| (2) | "Ships" in paragraph (1) 3 means any of the following: |
| 3. | Periodically-running ships; |
| 4. | Ships running designated routes. |
| Article 36 (Prohibition of Permission for Occupation and Use of Rivers) |
| 1. | Agrochemicals of acute toxicity level I (virulently poisonous) or II (highly poisonous) from among those under subparagraph 1 of attached Table 1 of the Enforcement Decree of the Pesticide Control Act and with toxicity to mudfish of levels of I or II from among those under subparagraph 2 (a) of the said Table; |
| (2) | "Damaging or threatening to damage rivers and river management facilities, such as extracting aggregate, etc. prescribed by Presidential Decree" in the proviso to Article 33 (4) 2 of the Act means any of the following: |
| 1. | Extracting aggregates in violation of the principle that sedimentary sections shall be extracted first; |
| 2. | Extracting aggregates in the direction from upstream towards downstream of a river or from the shores on both sides of a river towards its center; |
| 3. | Stockpiling aggregates within the river area: Provided, That, the extracted aggregate may be stockpiled, screened or washed to the extent permitted by the relevant river management agency in recognition of the fact that such activities do not interfere with the management of a river; |
| 4. | Extracting aggregates in an uneven and unbalanced manner, thereby creating a pool; |
| 5. | Failing to tidy up the soil and stones after extracting aggregates, leaving a mess at the riverbed. |
| (3) | "Activities prescribed by Presidential Decree" in the proviso to Article 33 (4) 4 of the Act means installing a fixed structure that is essentially required to maintain the structural strength of a structure. |
| (4) | "Activities prescribed by Presidential Decree" in Article 33 (4) 5 of the Act means the following: <Amended by Presidential Decree No. 21824, Nov. 16, 2009; Presidential Decree No. 18327, Sep. 19, 2017> |
| 1. | Collecting plants, such as bamboo, trees, reeds, grass, and waterweed, which are likely to damage the slope and bed of a river; |
| 2. | Operating ships or dabbling in water at an area where watercraft accidents often occur, or where two or more navigational routes overlap; |
| 3. | Installing structures that may obstruct the passage to or from the river; |
| 4. | Installing greenhouses (including plastic greenhouses) and other facilities similar thereto. |
| Article 37 (Permits, etc. for Occupying and Using Rivers) |
A river management agency shall, when granting permission for occupation and use of a river, issue a permit to the relevant applicant and enter the permit in a permit register and manage such permit register, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 38 (Publication of Permission for Occupation and Use) |
A river management agency shall, where granting permission for occupation and use of a river, publish matters falling under the following subparagraphs in the Official Gazette or the Official Report:
| 1. | The name of the river; |
| 2. | The name and address of the occupant (in cases of a corporation, the name and address of such corporation and the name of its representative); |
| 3. | The purposes and summary of occupation and use of such river; |
| 4. | The location and size of the area of occupation and use; |
| 5. | The effective period of the permission for occupation and use. |
| Article 39 (Scope of Vested River User) |
| (1) | "Person ... who has a right to a river as is prescribed by Presidential Decree" in the main sentence of Article 34 of the Act means any of the following: <Amended by Presidential Decree No. 18327, Sep. 19, 2017> |
| 1. | Any person who falls under the following: |
| (a) | Any person who has obtained permission for river works under Article 30 (1) of the Act (including any person who is deemed to have obtained permission for river works in accordance with another statute); |
| (b) | Any person who has obtained permission for occupation and use of a river (including any person who is deemed to have obtained permission for occupation and use of a river in accordance with another statute); |
| (c) | Any person who has obtained permission for use of river water; |
| 2. | Any person who has obtained a right to a river pursuant to another Act, such as those who have fishing rights, mining rights or dam usage rights. |
| (2) | Where a permission for occupation and use of a river results in any of the following situations and it becomes apparent that such situation will surely incur loss to a relevant vested river user, including seriously impeding the exercise of his/her right to the river, the river management agency shall require the applicant for the permission for occupation and use of the relevant river to obtain the consent of the vested river user pursuant to Article 34 (1) of the Act: <Newly Inserted by Presidential Decree No. 18327, Sep. 19, 2017> |
| 1. | Limited access to the river; |
| 2. | Damage to the water quality and aquatic ecosystem including decline in the water pollution index and decrease in the number of aquatic species or aquatic population; |
| 3. | Undermining safety of the river, including rise in the water level of the river, disrupting circulation of a flowing stream, and washing away and scouring of the river; |
| 4. | Other situations similar to those referred to in subparagraphs 1 through 3. |
| (3) | The river management agency shall designate a vested river user from whom the applicant should obtain consent within ten days from the date of his/her application for permission for occupation and use of the river and notify the applicant of the following: <Newly Inserted by Presidential Decree No. 18327, Sep. 19, 2017> |
| 1. | Name and telephone number of the vested river user; |
| 2. | Matters regarding permission or right classified as follows: |
| a. | Where the vested river user falls under paragraph (1) 1: permission for the relevant vested river user; |
| b. | Where the vested river user falls under paragraph (1) 2: right of the relevant vested river user. |
| (4) | In case of giving notification under paragraph (3), the river management agency shall notify the vested river user of such fact. <Newly Inserted by Presidential Decree No. 18327, Sep. 19, 2017> |
| (5) | Upon receipt of the notification under paragraph (3), the applicant for the permission for occupation and use of the river shall submit the written consent of the relevant vested river user within the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Presidential Decree No. 18327, Sep. 19, 2017> |
| Article 40 (Application for Adjudication) |
Any person who intends to apply for an adjudication on indemnification pursuant to Article 35 (3) of the Act shall file an application for adjudication with the competent Land Expropriation Committee, stating each matter falling under the following: | 1. | The name and address of the applicant seeking adjudication and the name and address of the other party; |
| 2. | The details of the occurrence of loss; |
| 3. | Details on the amount of indemnification presented or demanded by the applicant for the adjudication and the amount of indemnification offered by the other party in the course of negotiations; |
| 4. | Background of negotiations; |
| 5. | Other matters that can be used as reference for the adjudication. |
| Article 41 (Provisions Applicable Mutatis Mutandis to Vicarious Performance of Works that Occupy and Use Rivers) |
| Article 42 (Collection of Occupation Fees, etc.) |
| (1) | Standards for calculation of occupation fees, etc. pursuant to Article 37 (1) of the Act (hereinafter referred to as "occupation fees, etc.") shall be as prescribed in attached Table 3. |
| (2) | The river management agency shall collect occupation fees, etc. in a lump sum every year from a person who has obtained permission for occupation and use of a river: Provided, That, in cases where occupation fees, etc. exceed 500 thousand won (where permission for occupation and use of a river is for the purpose of extracting aggregates, it shall be limited to cases where the period of extraction is six months or longer), the remaining sum may be paid on up to four installments per year by adding interest prescribed in the latter part of Article 30 (3) of the Enforcement Decree of the State Property Act, as prescribed by Municipal Ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"). <Amended by Presidential Decree No. 23716, Apr. 10, 2012; Presidential Decree No. 27282, Jun. 28, 2016> |
| (3) | Where occupation fees, etc. for the relevant year increase by five percent or more from the preceding year, the river management agency shall determine, as the occupation fees, etc., the amount which is five percent higher than occupation fees, etc. of the preceding year: Provided, That, in cases of permission for occupation and use of a river obtained for the purpose of extracting aggregates, the foregoing shall not apply. <Amended by Presidential Decree No. 22540, Dec. 20, 2010> |
| (4) | Matters necessary for the collection of occupation fees, etc. other than those provided for in paragraphs (1) through (3) shall be prescribed by Municipal Ordinance of City/Do. |
| Article 43 (Collection of Indemnification) |
| (1) | The river management agency shall, when intending to collect the indemnification under Article 37 (3) of the Act (hereinafter referred to as "indemnification"), issue a written notice for the payment of indemnification, indicating the type of the offense committed, the amount of indemnification, etc. as prescribed by Municipal Ordinance of City/Do after investigating and verifying the offense committed. |
| (2) | The person in receipt of a notice under paragraph (1) shall pay the indemnification within 20 days from the date the relevant notice is served: Provided, That, in cases where he/she fails to pay the indemnification by the due date due to natural disasters, or other inevitable grounds, he/she shall pay it within seven days from the date when such grounds cease to exist. |
| (3) | The river management agency shall calculate indemnification for the period of occupation and use of the relevant river without obtaining permission therefor. In such cases, if the relevant period encompasses two or more fiscal years, the indemnifications calculated for each fiscal year shall be aggregated. |
| (4) | Matters necessary for the collection of indemnification, other than those prescribed in paragraphs (1) through (3), shall be prescribed by Municipal Ordinance of City/Do. |
| Article 44 (Reduction and/or Exemption of Occupation and Use Fees) |
| (1) | "Where the occupation or use is made by a non-profit business that is done for official or public purposes as well as in the public interest" in Article 37 (5) 1 of the Act means any of the following: |
| 1. | Cases of emergency disaster recovery; |
| 2. | Cases of river works implemented by the river management agency (including execution of such works by proxy under Article 28 of the Act) and other river management; |
| 3. | Cases of works implemented by the head of a national agency or the Mayor/Do Governor to maintain and repair roads; |
| 4. | Cases of installing facilities which will revert to the State or a local government; |
| 5. | Cases where an incorporated educational institution opens and administers a private school under the Private School Act; |
| 6. | Cases for military operations or the national security. |
| (2) | "Business ... as prescribed by Presidential Decree" in Article 37 (5) 2 of the Act means a business of installing electricity supply facilities, telecommunications facilities, oil pipe lines, gas supply facilities, heat transport facilities, etc. |
| (3) | The river management agency may reduce and/or exempt occupation fees, etc. in accordance with the following criteria as provided for in Article 37 (5) of the Act: |
| 3. | In cases of Article 37 (5) 3 of the Act, the reduction and/or exemption at a rate set by the river management agency, taking into account the extent of a natural disaster or other special circumstances, etc. |
| Article 45 (Permission for Activities in Flood Control Areas) |
| (1) | Any person who intends to obtain permission for activities in a flood control area under the main body of Article 38 (1) of the Act shall file with the river management agency such application as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (including electronic submission). <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27282, Jun. 28, 2016> |
| (2) | The river management agency shall, where the details of an application for permission pursuant to paragraph (1) are deemed to adversely affect railroad facilities and other major national facilities, consult with the relevant administrative agencies prior to granting such permission. |
| (3) | "Minor act prescribed by Presidential Decree" in the proviso to Article 38 (1) of the Act means any activities falling under the following: <Amended by Presidential Decree No. 27282, Jun. 28, 2016> |
| 1. | Restoring installations which are damaged by floods or natural disasters to their original state; |
| 2. | Planting decorative plants which can be easily transplanted; |
| 3. | Improving farmland and cultivating them; |
| 4. | Activities for which permission or approval, etc. is granted in accordance with a relevant Act at the time of designating and publishing the area of a flood control area. |
| (4) | Article 37 shall apply mutatis mutandis to permission for any activities conducted in any flood control area provided for in Article 38 (1) of the Act. <Amended by Presidential Decree No. 27282, Jun. 28, 2016> |
| Article 46 (Installation of Facilities Necessary for Prevention or Reduction of Disasters) |
| (1) | Any person who has constructed or set up facilities falling under any subparagraph of Article 39 (1) of the Act (hereinafter referred to as a "dam, etc.") shall take measures necessary in the circumstances if a disaster is likely to occur due to siltation of riverbed, the rise of water levels at a river upstream of a dam, etc. or an increase in water influx into the dam, etc. |
| (2) | If release of water stored in a dam, etc. is likely to cause a disaster through a considerable increase in the flow of a river below a dam, etc. or the rise in water level or sea level at an area where the discharged water flows, the builders of a dam, etc. shall control the increase in flow in an appropriate manner to prevent such a disaster. |
| (3) | Builders of a dam, etc. shall take measures falling under the following subparagraphs to prevent a disaster: |
| 1. | The installation and operation of sirens, loudspeakers, etc. and alarms; |
| 2. | An alarm at the time of discharge in accordance with paragraph (2); |
| 3. | Notice to relevant agencies of the timing of discharge and other necessary measures under paragraph (2); |
| 4. | Public notice of the timing of discharge and other necessary matters in accordance with paragraph (2). |
| Article 47 Deleted. <by Presidential Decree No. 28190, Jul. 17, 2017> |
| Article 48 (Discharge of Water Reserved in Dams) |
Where any builder of a dam, etc. discharges reserved water from a dam, etc. in accordance with Article 41 (1) of the Act, he/she shall obtain approval from the Minister of Land, Infrastructure and Transport for the following: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> | 3. | Duration of water release. |
CHAPTER VI PRESERVATION AND MAINTENANCE OF RIVER ENVIRONMENT
| Article 49 (Designation Criteria for Preservation Districts, etc.) |
| (1) | A river management agency may designate a district for preservation under Article 44 (1) of the Act within any of the following river areas: <Amended by Presidential Decree No. 21824, Nov. 16, 2009> |
| 1. | River areas highly worthy of preservation to maintain the natural ecosystem of a river; |
| 2. | River areas that have water in large quantities and high quality, thereby having a great impact on the supply of water; |
| 3. | River areas having unique landscape, topography or geology; |
| 4. | River areas which represent various riverine ecosystems or may be used as a sample thereof; |
| 5. | River areas with important and intrinsic historical and cultural values; |
| 6. | River areas other than those prescribed in subparagraphs 1 through 5, deemed by the river management agency to be in need of preservation. |
| (2) | A river management agency may, where the district for preservation designated in accordance with paragraph (1) or a river area falling under any subparagraph of paragraph (1) has been damaged or destroyed due to human intervention, natural disasters, etc. and is required to be restored in order to preserve natural, historical or cultural values, designate a district for restoration under Article 44 (1) of the Act within the relevant river area. |
| (3) | A river management agency may designate a hydrophilic district under Article 44 (1) of the Act within the river area falling under any of the following subparagraphs. In such cases, such designation shall be limited to the minimum extent necessary for the preservation of nature and ecological environment of a river: |
| 1. | The river area in which commercial activities are performed after obtaining permission for occupation and use of a river for direct or indirect hydrophilic activities; |
| 2. | The river area in which hydrophilic activities have been traditionally active; |
| 3. | Other river areas which are deemed by the river management agency to be in need of designation as hydrophilic districts. |
| (4) | Details on the criteria for designating districts for preservation or restoration and hydrophilic districts under Article 44 (1) of the Act shall be determined by the Minister of Land, Infrastructure and Transport in consultation with the head of the relevant central administrative agency. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 50 (Designation of Preservation Districts, etc.) |
| (1) | A river management agency shall, where it intends to designate a district for preservation, a district for restoration and a hydrophilic district under Article 44 (1) of the Act as at the time the basic river plan is to be established, prepare and attach a topographic map regarding the relevant river area falling under the basic river plan, on which the scope and the land registers are indicated with a scale of 1:50,000,000 or greater. |
| (2) | Where matters regarding the designation of a district for preservation, a district for restoration and a hydrophilic district have been included in the basic river plan in accordance with Article 44 (1) of the Act, the district for preservation, the district for restoration and the hydrophilic district shall be deemed designated when the river management agency has published the relevant basic river plan. |
| Article 51 (Designation, etc. of Angling Prohibited Areas, etc.) |
| (1) | The Mayor/Do Governor shall, when intending to designate an area in which any activity falling under any item of subparagraph 6 of Article 46 of the Act is prohibited (hereinafter referred to as "prohibited area"), take into account the following: |
| 1. | The purpose of using the river; |
| 2. | The current status of river pollution sources; |
| 3. | Water pollution level of the river; |
| 4. | The current status of the collection and disposal of waste in areas adjacent to the river; |
| 5. | The current status of the underwater ecosystem including fish species inhabiting the river. |
| (2) | The Mayor/Do Governor shall, when designating a prohibited area, publish matters falling under each of the following subparagraphs in the official gazette of the relevant City/Do: <Amended by Presidential Decree No. 27282, Jun. 28, 2016; Presidential Decree No. 27751, Dec. 30, 2016> |
| 1. | The purpose of designation of a prohibited area, location of a prohibited area, and prohibited activities; |
| 2. | The restrictions on angling, such as the time for and manner of angling, etc. (limited to the areas where angling is prohibited); |
| 3. | Matters regarding administrative fines on persons who violate the prohibition; |
| 4. | Methods of treating waste generated from the prohibited area. |
| (3) | The Mayor/Do Governor shall post signs announcing the details of public notices on both sides and in the middle of the prohibited area as published in accordance with paragraph (2). |
| Article 51-2 (Acts of Impeding River Flows or Contaminating Rivers) |
For the purpose of subparagraph 7 of Article 46 of the Act, "acts prescribed by Presidential Decree" means the acts prescribed in the following subparagraphs: <Amended by Presidential Decree No. 27282, Jun. 28, 2016> | 1. | Dumping or leaving agricultural materials, such as plastic products, or agricultural equipment into rivers; |
| 2. | Dumping or leaving fishing equipment, such as fishing nets, or ships into rivers. |
[This Article Newly Inserted by Presidential Decree No. 21824, Nov. 16, 2009]
| Article 52 (Prohibition, etc. on Use of River) |
| (1) | A river management agency shall, when intending to prohibit or limit the use of a river pursuant to Article 47 (1) of the Act, post signs in advance stating the prohibition or restriction on the use of a river (hereinafter referred to as "prohibition, etc. on the use of a river") on both sides and in the middle of the section subject to such prohibition or restriction, and publish the details of such prohibition or restriction in daily newspapers published in the relevant region. |
| (2) | A river management agency shall, when making the publication pursuant to paragraph (1), notify any of the following persons of the details of such publication: |
| 1. | Person who has obtained permission for occupation and use of a river in a section to which the prohibition, etc. on the use of a river is applied; |
| 2. | Person who has obtained permission for use of river water in a section to which the prohibition, etc. on the use of a river is applied. |
| Article 53 (Deposit of Expenses for Restoration to Original State) |
| (1) | A river management agency shall calculate an amount equivalent to expenses incurred in restoration to the original state pursuant to Article 48 (4) of the Act in accordance with each of the following subparagraphs, and require a person who has applied for permission pursuant to Article 30, 33, or 50 of the Act to deposit such expenses in the joint names of the applicant and the river management agency at a financial institution designated by the river management agency: <Amended by Presidential Decree No. 27282, Jun. 28, 2016> |
| 1. | Where follow-up cleaning is necessary after extracting earth, stones, sand, gravel, and other products from a river, installing a skating rink, or performing any other work that occupies and uses a river: 30/100 of the river occupation charges; |
| 2. | Where installations are newly built, renovated, or altered, and the land is excavated, banked up, or cut, or the form and quality of land are changed: Actual expenses incurred in restoration to original states. |
| (2) | Notwithstanding paragraph (1), an applicant for permission may deposit a written guaranty referred to in each subparagraph of Article 30 (2) at the river management agency. In such cases, the deposit period of such guaranty shall be six months after the expiration of the permission period, and, if the permission period is extended, six months after the expiration of the extended period. |
| (3) | The river management agency shall, where a river has been restored to its original state or deemed unnecessary to restore a river to its original state, return the deposit referred to in paragraph (1). |
CHAPTER VII USE OF RIVER WATER AND MEDIATION OF DISPUTES
| Article 54 (Priority in Distribution of Water) |
Water distribution under Article 49 (2) of the Act shall be made in the order of domestic, industrial, agricultural and then other purposes, and the order of priorities for other uses shall be determined according to the adjustment by the River Water Adjustment Council under Article 53 (3) of the Act.
| Article 55 (Permission for Use of River Water and Changes thereto, etc.) |
| (1) | Each person who intends to obtain permission for the use of river water pursuant to Article 50 (1) of the Act shall file with the Minister of Land, Infrastructure and Transport such application for permission as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27282, Jun. 28, 2016> |
| (2) | "Matters prescribed as important by Presidential Decree" in the latter part of Article 50 (1) of the Act means the following: |
| 1. | Purposes of using river water; |
| 2. | Period of using river water; |
| 3. | River water intake points and facilities; |
| 4. | Use of permitted volume for collecting river water; |
| 5. | Additional conditions pertaining to permission. |
| (3) | When granting permission for use of river water, the Minister of Land, Infrastructure and Transport shall issue a permit to the applicant and keep the records thereof in the permit register for management as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | When granting permission for use of river water, the Minister of Land, Infrastructure and Transport shall publicly notify the following matters in the Official Gazette: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | The name of the permission for use of river water; |
| 2. | The name and address of the user (in case of a corporation, the name and address of the corporation and the name of its representative); |
| 3. | The purposes of using river water and a summary thereof; |
| 4. | The locations of river water intake points and permitted volume; |
| 5. | The effective period of the permission for use of river water. |
| Article 55-2 (Report, etc. on Temporary Use of River Water) |
| (1) | A person who intends to make a report on the use of river water pursuant to Article 50-2 (1) of the Act shall submit a report in the form as prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport. |
| (2) | The Minister of Land, Infrastructure and Transport, upon receipt of such a report under Article (1), shall issue a certificate of report to the person who made the report, and keep the records thereof in the report ledger for management. |
[This Article Newly Inserted by Presidential Decree No. 27282, Jun. 28, 2016]
| Article 56 (Preservation of River Water) |
| (1) | "Cases ... prescribed by Presidential Decree" in Article 50 (3) 4 of the Act means any of the following cases: <Amended by Presidential Decree No. 21824, Nov. 16, 2009> |
| 1. | Where the quantity of water requested in the application for permission for the use of river water is excessively large in view of the purpose for or capability of collecting water; |
| 2. | Where the sum of the aggregate permitted flows in the existing water use permits for the pertinent river and the flow to be permitted exceeds the water quantities that serve as the standard for the permission for use of river water, or where the instream flow under Article 51 (1) of the Act (hereinafter referred to as "instream flow") is insufficient; |
| 3. | Where the consent from the relevant vested river user has not been obtained because of possible infringement on the right of the vested river user who uses river water from a point located downstream of the water intake points stated in the application; |
| 4. | Where a considerable decrease in the volume of river water is likely due to reuse of water, etc. |
| (2) | The water flow that serves as the standard for permission for the use of river water under paragraph (1) 2 shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted by Presidential Decree No. 21824, Nov. 16, 2009; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 57 (Collection of Fees for Use of River Water) |
| (1) | Fees for the use of river water in accordance with Article 50 (5) of the Act (hereinafter referred to as "fees for the use of river water") shall be calculated in conformity with the following standards: <Amended by Presidential Decree No. 21824, Nov. 16, 2009; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Water for generation of electric power: 231 won per annum for each 100 cubic meters per day; |
| 2. | Water for agricultural use: 231 won per annum for each 1,000 cubic meters per day; |
| 4. | Water for other uses: Charges or fees for use pursuant to subparagraph 3. |
| (2) | Other matters necessary for the calculation and collection of fees for the use of river water shall be prescribed by Municipal Ordinance of City/Do. |
| Article 58 (Exemption and/or Reduction of Fees for Use of River Water) |
| (2) | Notwithstanding paragraph (1), in cases of the following subparagraphs, fees for use of river water shall be exempted: <Amended by Presidential Decree No. 21824, Nov. 16, 2009; Presidential Decree No. 21887, Dec. 15, 2009; Presidential Decree No. 18327, Sep. 19, 2017> |
| 1. | Where a river management agency uses river water for the purposes of maintenance, repair, etc. of a river under its jurisdiction within the scope of the flows that serve as a basis for permission for use of river water under Article 56 (2); |
| Article 59 (Selection of Datum Points, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport shall, when calculating the instream flow, consult in advance with the head of the relevant central administrative agency. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall, when intending to designate datum points pursuant to Article 51 (2) of the Act (hereinafter referred to as "datum point"), take into account the following: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | The point which may serve as reference for the management of the quantity and quality of water; |
| 2. | The point with extensive historical hydrological data and subject to continuous ongoing observation of flows; |
| 3. | The point where flowing river water is used in large quantities; |
| 4. | The point on which any changes in seawater level have no impact; |
| 5. | The point other than dams, river mouth dikes, etc. where flowing water is confined; |
| 6. | The point where the instream flow can be continuously maintained depending on river facilities; |
| 7. | The point for which a new plan is in place to secure river water through installation of river facilities. |
| (3) | Deleted. <by Presidential Decree No. 21824, Nov. 16, 2009> |
| (4) | The Minister of Land, Infrastructure and Transport shall, when determining the instream flow, publicly notify the following by distinguishing the volumes that can be secured from those that need to be secured. The same shall apply where he/she alters the published instream flow: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Regions, river systems, names and grades of rivers; |
| 2. | Names and locations of datum points; |
| 4. | Other matters necessary for determination of the instream flow. |
| Article 60 (Scope of Users of River Water) |
| 1. | A person who takes not less than 1,000㎥ of water from the river for industrial use per day; |
| 2. | A person who takes not less than 5,000㎥ of water from the river for daily living per day; |
| 3. | A person who takes not less than 8,000㎥ of water from the river for agricultural use per day. |
| Article 61 (Adjustment, etc. in Permitted Water Quantities) |
The Minister of Land, Infrastructure and Transport shall, when adjusting the permitted quantities pursuant to Article 53 (1) of the Act, record the details thereof on such permit under Article 55 (3) and in the permit register and publish it on the Official Gazette. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 62 (Composition of River Water Adjustment Council) |
| (1) | The River Water Adjustment Council under Article 53 (3) of the Act (hereinafter referred to as the "Adjustment Council") shall be established in the competent flood control office and comprise of 20 members, including one chairperson. |
| (2) | The head of the competent flood control office shall be the chairperson of the Adjustment Council, who shall appoint or commission members from among the following persons: |
| 1. | Public officials in general service who belong to the river management agency or the flood control office; |
| 2. | Persons with substantial knowledge of and experience in the fields of water resource development, rivers, cities, environment, law, or economy; |
| 3. | Any of the following persons: |
| (a) | Persons entitled to use the river water in the river area; |
| (b) | Stake-holders relating to the use of river water in the river area; |
| (c) | Persons involved in civic groups, who are recommended by the competent Mayor/Do Governor; |
| 4. | Persons recommended by the builders of a dam, etc.; |
| 5. | Persons who are deemed by the chairperson to have an interest in the use of the river water. |
| (3) | The chairperson shall represent, and exercise overall control of affairs of, the Adjustment Council: Provided, That if the chairperson is unable to perform his/her duties due to any unavoidable reason, a member designated in advance by the chairperson shall act on his/her behalf. |
| Article 63 (Functions of Adjustment Council) |
The Adjustment Council shall deliberate upon the following:
| 1. | Matters pertaining to the adjustment and distribution of river water; |
| 2. | Matters pertaining to the operation of the Adjustment Council; |
| 3. | Other matters relating to the adjustment of river water, put to the meeting by the chairperson. |
| (1) | The Adjustment Council shall have a secretary to handle the affairs of the Adjustment Council. |
| (2) | The secretary of the Adjustment Council shall be designated by the chairperson from among public officials belonging to the administrative agency to which the chairperson belongs. |
| (1) | Meetings of the Adjustment Council shall been convened by the chairperson. |
| (2) | Meetings of the Adjustment Council shall be convoked with the presence of a majority of its registered members, and passage of a resolution shall require the affirmative vote of a majority of those present. |
| (3) | When any meeting is to be convened in accordance with paragraph (1), its schedule shall be communicated to its members at least ten days before the opening of such meeting. |
| (1) | The secretary of the Adjustment Council shall prepare and keep minutes. |
| (2) | The minutes referred to in paragraph (1) shall include the dates and places of the meeting, the details of mediation and other matters. |
| Article 67 (Allowances and Travel Expenses) |
Allowances and travel expenses may be paid to the members attending the Adjustment Council within budgetary limits: Provided, That this shall not apply when a member who is a public official attends a meeting in direct connection with any of his/her duties.
| Article 68 (Operation Bylaw) |
The Minister of Land, Infrastructure and Transport shall determine matters necessary for the composition and the operation of the Adjustment Council, other than those provided for in this Decree. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 69 (Application for Mediation) |
Any person who intends to apply for mediation of a dispute over the use of river water pursuant to Article 54 (1) of the Act shall file with the National Water Resources Management Committee under Article 29 of the Act on the Investigation, Planning, and Management of Water Resources an application for such mediation as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, attaching thereto documents that provide background of the negotiations between the parties and other documents that may serve as reference for such mediation. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28190, Jul. 17, 2017>
| Article 70 (Request for Appraisal, etc.) |
Upon receipt of an application under Article 69, the National Water Resources Management Committee may, as deemed necessary, commission an appraisal, diagnosis, test, etc. by relevant specialized institutions. <Amended by Presidential Decree No. 28190, Jul. 17, 2017>
| Article 71 (Procedures for Hearing Opinions) |
The National Water Resources Management Committee shall, in cases where it intends to hear opinions from parties and related specialists under Article 54 (7) of the Act, notify them in writing at least seven days prior to such meeting. <Amended by Presidential Decree No. 28190, Jul. 17, 2017>
| Article 72 (Bearing of Expenses) |
| (1) | Expenses necessary for an investigation or service for dispute mediation under Article 57 (1) of the Act shall be as follows: |
| 1. | Expenses incurred in appraisal, diagnosis, tests, etc.; |
| 2. | Expenses incurred in the acceptance of witnesses or evidence; |
| 3. | Expenses incurred in examination and investigation; |
| 4. | Expenses incurred in mediation, such as recording, stenography, interpretation, etc. |
| (2) | When the National Water Resources Management Committee requires for a deposit for expenses under Article 57 (2) of the Act, it shall determine the amount, particulars, place and period of the deposit, and notify the applicant in writing thereof. <Amended by Presidential Decree No. 28190, Jul. 17, 2017> |
| (3) | The National Water Resources Management Committee may, if the claimant for mediation of dispute fails to deposit the prescribed amount by the due date for making the deposit under paragraph (2), withhold the mediation regarding the application for mediation of dispute over river water under Article 54 of the Act. <Amended by Presidential Decree No. 28190, Jul. 17, 2017> |
| (4) | When the National Water Resources Management Committee notifies its decision to reject or suspend the dispute mediation pursuant to Article 55 of the Act, or presents a proposal of mediation pursuant to Article 56 (1) of the Act, it shall settle the cost of mediation and notify the claimant in writing of the results thereof within five days from the date of notice or presentation of the proposal. <Amended by Presidential Decree No. 28190, Jul. 17, 2017> |
CHAPTER VIII EXPENSES AND REVENUES CONCERNING RIVERS
| Article 73 (Scope of Expenses and Revenues concerning Rivers) |
| (1) | Expenses necessary for river works, the maintenance and repair, etc. of rivers under Article 58 of the Act shall be as follows: |
| 1. | Expenses incurred in river works; |
| 2. | Expenses incurred in the maintenance and repair of rivers; |
| 3. | Expenses incurred in the inspection, survey, and design of rivers; |
| 4. | Expenses incurred in purchase of and compensation for land needed for river works, etc.; |
| 5. | Expenses incurred in purchase, relocation, and compensation of installations required for the maintenance and repair of rivers or materials impeding them; |
| 7. | Other expenses incurred in the management of rivers. |
| 1. | Fees, etc. for occupation and use of rivers; |
| 4. | Deleted; <by Presidential Decree No. 27362, Jul. 19, 2016> |
| 5. | Other revenues from the management and operation of rivers. |
| Article 74 (Expenses Borne by City/Do) |
| (1) | The expenses which the Minister of Land, Infrastructure and Transport may require a City/Do to bear in accordance with Article 61 (1) and (2) of the Act shall be as follows: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Where river expenses borne by the National Treasury under Article 59 of the Act that the Minister requires a City/Do, in which a relevant river is located, to bear: Not more than 1/4 of such expenses; |
| 2. | Where river expenses are borne by the National Treasury under Article 60 of the Act: Not more than 1/3 of such expenses; |
| 3. | Where another City/Do benefiting from river works and the maintenance and repair of a river is required to bear such expenses under Article 61 (2) of the Act: Not more than 1/4 of such expenses. |
| (2) | The Minister of Land, Infrastructure and Transport shall, when intending to have a City/Do bear part of the expenses incurred in river works, maintenance and repair, etc. of rivers pursuant to paragraph (1), consult with the Minister of Interior and Safety about the amount to be borne by the City/Do. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The Mayor/Do Governor, who intends to require another City/Do to bear part of the expenses incurred in river works, or maintenance or repair of a river pursuant to Article 61 (2) of the Act, shall file with the Minister of Land, Infrastructure and Transport a written request expressly stating the name of the river concerned, the name of the river works, the costs of such works, and the amount to be borne by the City/Do. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall, where he/she deems a request made pursuant to paragraph (3) to be justifiable, notify a beneficiary City/Do in writing (including by electronic documents) of the cost-bearing. In such cases, a copy of a written request referred to in paragraph (3) shall be attached to the notice. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 75 (Expenses Borne by Si/Gun/Gu) |
| (1) | Expenses a Mayor/Do Governor may require a Si/Gun/Gu to bear pursuant to Article 61 (3) of the Act shall not be more than 1/4 of the expenses borne by the Mayor/Do Governor in accordance with Article 74 (1). <Amended by Presidential Decree No. 23716, Apr. 10, 2012> |
| (2) | The Mayor/Do Governor shall, when intending to require the Si/Gun/Gu to bear expenses pursuant to Article 61 (3) of the Act, communicate in writing (including by electronic documents) the name of the relevant river, the name of river works, the costs of such works and the amount to be borne by the Si/Gun/Gu. |
| Article 76 (Scope of Subsidies for Expenses) |
| (1) | "River works prescribed by Presidential Decree" in subparagraph 2 of Article 64 of the Act means any of the following: <Amended by Presidential Decree No. 21824, Nov. 16, 2009> |
| 1. | River works implemented for disaster recovery; |
| 2. | Maintenance of local rivers; |
| 3. | The creation of a detention pond, flood control land and tailrace; |
| 4. | Deleted. <by Presidential Decree No. 21824, Nov. 16, 2009> |
| (2) | "Other matters prescribed by Presidential Decree" referred to in subparagraph 3 of Article 64 of the Act means the establishment of basic river plans. |
| Article 77 (Standards, etc. for Using Receipts) |
| (1) | The receipts referred to Article 66 of the Act shall be used for the following purposes, but priority shall be given to the use of such receipts for the purposes specified in subparagraphs 1 and 2: <Amended by Presidential Decree No. 28190, Jul. 17, 2017> |
| 1. | Expense incurred in maintenance and repair of river; |
| 2. | Compensation for the land incorporated into river areas; |
| 3. | Expenses incurred in the establishment of basic river plans for the local river, the preparation of management log books for river facilities; |
| 4. | Expenses incurred in the preparation and management of management log books for revenues arising out of a river and for desolate river sites, etc.; |
| 5. | Expenses incurred in the management and disposition of desolate river sites; |
| 6. | Expenses incurred in river works; |
| 7. | Other expenses incurred in river management. |
| (2) | Where a local government collects and uses the receipts, it shall submit the current status of collection of the receipts and the details of uses of the receipts to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27282, Jun. 28, 2016> |
| (3) | The Minister of Land, Infrastructure and Transport may evaluate, based on the data submitted pursuant to paragraph (2), the collection of the receipts and the proportion of the receipts used for the maintenance and repair of rivers and may reflect the results in supporting expenses to be incurred for the maintenance and repair of national rivers. <Newly Inserted by Presidential Decree No. 27282, Jun. 28, 2016> |
| Article 78 (Interest on Refund of Erroneously Paid Charges, etc.) |
| Article 79 (Custody and Handling, etc. of Occupying Objects, etc.) |
| (1) | A river management agency shall, when removing any occupying objects, etc. pursuant to Article 73 (1) of the Act, take measures so that the owner or the manager of such occupying objects can easily be aware of where the occupying objects are stored, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | A river management agency shall, when keeping occupying objects in custody pursuant to paragraph (1), publish the details of custody of such occupying objects in the bulletin board of the river management agency and on the Internet, etc. for a certain period, make and keep the list of such objects and allow the relevant persons to peruse the list, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | A river management agency shall, where it is impossible to identify the owner or the manager of the occupying objects, etc. even after the lapse of the publication period referred to in paragraph (2), publish again the matters that have already been published under paragraph (2) in daily newspapers and on the Internet: Provided, That in the event that such occupying objects are recognized as having no property value worth publishing them in daily newspapers, they shall be published on the Internet. |
| (4) | In the event that the occupying objects are likely to be worn out, deteriorated or destroyed, etc. while in custody under paragraph (1), the river management agency may sell them and keep the proceeds therefrom. In such cases, paragraphs (2) and (3) shall apply mutatis mutandis to the public notice of the keeping of such proceeds. |
| 1. | Where it is deemed that no bidder is likely to participate in the bidding even such object is placed on competitive bidding; |
| 2. | Where competitive bidding is deemed inappropriate because the object holds little property value or for any other reasons. |
| Article 80 (Return of Occupying Objects, etc. and Relevant Matters) |
| (1) | The river management agency shall, when intending to return any occupying object, etc. (including the proceeds therefrom; hereinafter the same shall apply) to the owner or the manager thereof, verify whether the person who has filed an application for return thereof is the legitimate right-holder after receiving an application for return as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | The river management agency shall, when returning an occupying object, etc. in accordance with paragraph (1), collect expenses incurred in the removal, transportation, or sale thereof from the owner or the manager thereof. |
| Article 81 (Reversion of Unreturned Occupying Objects, etc.) |
The river management agency may, where it has been impossible to identify the owner or the manager of an occupying object, etc. or no request has been made for the return of the occupying object, etc. even after the lapse of the period under Article 253 of the Civil Act, revert them to the National Treasury where the river management agency is the Minister of Land, Infrastructure and Transport and revert them to the Mayor/Do Governor where the river management agency is the Mayor/Do Governor. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 82 (Inspection of River Management Status) |
| (1) | The river management agency shall inspect matters falling under the following subparagraphs by the end of May of each year pursuant to Article 74 (1) of the Act and take necessary measures: |
| 1. | The maintenance status of banks and revetment; |
| 2. | The repair status of structures, such as floodgates in the embankment; |
| 3. | The current status of various obstacles to water flow; |
| 4. | The status of illegal occupation of rivers; |
| 5. | Other matters necessary for the management of rivers such as the prevention of floods, etc. |
| (2) | The river management agency shall notify the Minister of Land, Infrastructure and Transport of matters of inspection and the results of the measures taken pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 83 (Applications for Adjudication) |
| Article 84 (Procedures for Request for Purchase) |
| (1) | Any person who intends to request purchase of land, etc. (hereafter referred to as “land, etc.) in accordance with Article 79 (1) of the Act (hereinafter referred to as "requester") shall submit a written request for purchase as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the river management agency. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27362, Jul. 19, 2016> |
| (2) | The river management agency which has received a request for purchase in accordance with paragraph (1) shall determine whether the relevant request meets the criteria for land, etc. subject to purchase pursuant to Article 85 (hereinafter referred to as "purchase criteria") and notify the requester as to whether such land, etc. is qualified for purchase and, in cases where it falls under land, etc. subject to purchase, the estimated price. <Amended by Presidential Decree No. 27362, Jul. 19, 2016> |
| (3) | The estimated purchase price under Article 80 (1) of the Act (hereinafter referred to as "estimated purchase price") shall be the standard market price under Article 4 of the Local Tax Act as at the time such request has been made: Provided, That in cases of absence of the standard market price, it shall be calculated by comparing cases of trade of the relevant item and similar item in a neighboring area. <Amended by Presidential Decree No. 27362, Jul. 19, 2016> |
| (4) | The river management agency shall, when it has notified the estimated purchase price in accordance with paragraph (2), entrust the appraisal and evaluation of the land, etc. subject to purchase to two or more appraisal business operators (referring to appraisal business operators under subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers; hereinafter the same shall apply) and determine the purchase price by applying mutatis mutandis the method of calculation, etc. under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. <Amended by Presidential Decree No. 27362, Jul. 19, 2016; Presidential Decree No. 27472, Aug. 31, 2016> |
| (5) | The river management agency shall, in cases where it intends to entrust the appraisal and evaluation pursuant to paragraph (4), notify the requester of the entrustment of the appraisal and evaluation at least one month prior to such entrustment. |
| (6) | The river management agency shall, when it has determined the purchase price pursuant to paragraph (4), notify the requester thereof without delay. |
| Article 85 (Criteria for Determination on Land, etc. Subject to Purchase) |
The criteria for determining land, etc. subject to purchase (hereinafter referred to as "land, etc. subject to purchase") pursuant to Article 79 (1) of the Act shall be as follows. In this regard, the decline in the usefulness of land, etc., or the impossibility of using or benefiting from the land, etc. shall occur through no fault on the part of the requester: <Amended by Presidential Decree No. 27362, Jul. 19, 2016> | 1. | Land, etc., the usefulness of which has severely declined because they can no longer be used for their originally intended purposes: They shall be land that can no longer be used according to the category of land use made before the designation of a river area (if the requester proves with official documents that he/she has used the land lawfully for purposes other than the category of land use on the official land register before the designation of the river area, the actual use prior to the designation of a river area shall be deemed the category of land use), buildings thereon, and other fixtures on the land, as at the time the request for purchase has been made; |
| 2. | Land, etc., the use of or benefit from which is impossible: They shall be land, the use of or benefit from which has become impossible due to the restrictions on activities as required under Articles 33 and 46 of the Act, buildings thereon, and other fixtures on the land. |
| Article 86 (Purchase Deadline) |
"Period prescribed by Presidential Decree" in Article 80 (2) of the Act means three years from the date a notice on the land subject to purchase has been served on the requester.
| Article 87 Deleted. <by Presidential Decree No. 27362, Jul. 19, 2016> |
| Article 88 (Notice for Payment of Costs for Appraisal and Evaluation, etc.) |
| (1) | The river management agency may make the requester bear the total costs of appraisal and evaluation from among the costs incurred in the appraisal and evaluation in accordance with the main body of Article 81 (2) of the Act. |
| (2) | The river management agency shall, in cases where it intends to make the requester bear the cost for appraisal and evaluation in accordance with paragraph (1), issue a notice for payment stating the following matters within seven days from the date when the request for purchase has been withdrawn: |
| 1. | The name and address of the land owner (the title, location and the name of the representative in cases of a corporation); |
| 2. | Lot number of the land subject to purchase and its size; |
| 3. | Notified amount for payment; |
| 5. | Detailed statement on the calculation of the expenses for appraisal and evaluation; |
| 6. | Reasons for payment notice. |
| (3) | The requester who has received a notice for payment in accordance with paragraph (2) shall pay the notified amount for appraisal and evaluation to the river management agency within one month from the date of the notice. |
"Rate prescribed by Presidential Decree" in Article 81 (2) 1 of the Act means 30/100. <Amended by Presidential Decree No. 27362, Jul. 19, 2016>
| Article 90 (Delegation or Entrustment of Loss Compensation) |
| (1) | "Government-funded institution prescribed by Presidential Decree" in Article 82 (1) of the Act means any of the following institutions: <Amended by Presidential Decree No. 21565, Jun. 26, 2009; Presidential Decree No. 21744, Sep. 21, 2009> |
| 2. | Deleted; <by Presidential Decree No. 21744, Sep. 21, 2009> |
| Article 91 (Exchange of Desolate River Site, etc.) |
| (1) | When a river management agency intends to make an exchange of any desolate river site referred to in Article 85 (1) of the Act, he/she shall take into account the current status of the land which has become a new river area or the land which has already been incorporated into a river area, the land register and hydraulic conditions, etc. |
| (2) | The Minister of Land, Infrastructure and Transport shall exchange desolate river sites, etc. on the basis of the following prices in accordance with Article 84 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | In cases of a desolate river site, etc., it shall be based on the price at the time of such exchange; |
| 2. | In cases of the land which has newly become a river area or land which has already been incorporated into a river area, it shall be any of the following prices: |
| (b) | The price of the land which is located nearby and similar to the land at the time of its incorporation, quoted at the time of exchange. |
| Article 92 (Concession of Desolate River Sites, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport shall transfer any desolate river site, etc. in the following order pursuant to the main body of Article 85 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | The first: The original land owner before the incorporation into a river area, who has not been compensated for his/her land or has not obtained any desolate river site, etc. in exchange for his/her land; |
| 3. | The third: The Mayor/Do Governor who maintains and repairs national rivers. |
| (2) | A desolate river site, etc., the price of which is equivalent to that of his/her original land shall be transferred to the original land owner referred to in paragraph (1). In such cases, the price of the desolate river site, etc. and that of the original land shall be calculated based on the following standards: |
| 1. | The price of a desolate river site, etc. shall be based on the price at the time of transfer; |
| 2. | The price of the original land shall be based on the amount which derives by adding the land price at the time of incorporation to the land-price fluctuation value until the time of concession or the price of the land which is located near and similar to the land at the time of incorporation. |
| (3) | A desolate river site, the price of which is equivalent to the cost of such works, shall be transferred to the person who conducts river works under paragraph (1) 2. In such cases, the price of such desolate river site, etc. and the costs of works shall be calculated in consideration of the following prices: <Amended by Presidential Decree No. 27282, Jun. 28, 2016> |
| 1. | The price of the desolate river site, etc. shall be based on the appraised price by an appraisal business entity as at the time of completion of the works and where the price of the desolate river site, etc. has risen by the project operator's payment of useful expenses to the desolate river site, etc., the increased portion shall be deducted from the appraised price: Provided, That where the price of a desolate river site, etc. which is generated by river works apparently falls short of the cost of works, it shall be based on the price calculated according to the publicly announced price of the land which is located near and similar to such land; |
| Articles 93 through 101 Deleted. <by Presidential Decree No. 28190, Jul. 17, 2017> |
| Article 102 (Publication of Establishment Authorization for Association) |
When granting authorization for the establishment of the Association under Article 88 (1) of the Act (hereinafter referred to as "Association"), the Minister of Land, Infrastructure and Transport shall publish matters on its purposes, name, location of main office on the Official Gazette. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 103 (Matters, etc. to be Entered in Articles of Incorporation) |
The following matters shall be included in the articles of incorporation of the Association:
| 3. | Location of main office; |
| 5. | Qualifications of members; |
| 6. | Executives and employees; |
| 7. | General meetings and the board of directors; |
| 8. | Finance and accounting; |
| 9. | Amendments to the articles of incorporation. |
| Article 104 (Supervision over Association) |
| (1) | The Minister of Land, Infrastructure and Transport shall supervise the affairs of the Association. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may, if deemed necessary for guidance and supervision, order the Association to make a report on its affairs, submit documents or take other necessary matters. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 105 (Delegation of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport shall delegate his/her authority falling under the following subparagraphs to the Mayor/Do Governor pursuant to Article 92 (1) of the Act: <Amended by Presidential Decree No. 21931, Dec. 30, 2009; Presidential Decree No. 22540, Dec. 20, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27282, Jun. 28, 2016> |
| 1. | The following authority concerning national rivers (excluding national rivers falling under subparagraph 2): |
| (a) | Receipt of reports on the succession of rights and obligations under Article 5 (2) of the Act (limited to matters permitted by the Mayor/Do Governor); |
| (e) | Orders issued to restore to the original state, exemption from duties of restoration, the nationalization of installations, etc., the deposit of expenses incurred in relation to the restoration under Article 48 of the Act (limited to the matters permitted by the Mayor/Do Governor); |
| (g) | Refund of erroneously paid charges, etc. under Article 68 of the Act (limited to the payments imposed by the Mayor/Do Governor); |
| (h) | Dispositions against violators of statutes issued under Article 69 of the Act (limited to the matters for which the authority concerning permission is delegated to the Mayor/Do Governor); |
| (i) | Orders of dispositions or measures under Article 70 of the Act (limited to the matters permitted by the Mayor/Do Governor); |
| (j) | Removal, custody, disposition, and other necessary measures, of occupying objects, etc. provided for in Article 73 of the Act; |
| (k) | Access, etc. to a third party's land under Article 75 of the Act (limited to the matters for which the authority concerning permission is delegated to the Mayor/Do Governor); |
| (l) | Deleted; <by Presidential Decree No. 27362, Jul. 19, 2016> |
| (m) | Reports and entry, etc. under Article 90 of the Act (limited to the matters for which the authority concerning permission is delegated to the Mayor/Do Governor); |
| (o) | Deleted; <by Presidential Decree No. 27362, Jul. 19, 2016> |
| (p) | Imposition and collection of administrative fines under Article 98 (3) 1, 6, and 7 of the Act (limited to the matters for which the authority concerning permission is delegated to the Mayor/Do Governor); |
| 2. | The following authority concerning national rivers that belong to any river system of the Anseong River, the Sapgyo River, the Mangyeong River, the Dongjin River, the Tamjin River, the Taehwa River and the Hyeongsan River: Provided, That the authority under items (b) through (f), (p) and (q) concerning river works recognized and notified by the Minister of Land, Infrastructure and Transport as necessary for river basin management or emergency disaster recovery, etc., shall be excluded: |
| (a) | Receipt of reports pertaining to the succession of rights and obligations pursuant to Article 5 (2) of the Act (limited to the matters permitted by the Mayor/Do Governor); |
| (f) | Consultation with the heads of relevant administrative agencies pursuant to Article 32 (3) of the Act (limited to the cases where a river works execution plan has been established or altered, and notified, pursuant to item (b)); |
| (h) | Execution of works on river occupation and use by proxy under Article 36 (1) of the Act and the notice on the period of execution under paragraph (2) of the same Article (limited to the matters permitted by the Mayor/Do Governor); |
| (j) | Orders for restoration, exemption from the duty to restore, nationalization of installations, etc., and deposit of costs for restoration under Article 48 of the Act (limited to the matters permitted by the Mayor/Do Governor); |
| (l) | Refund of erroneously paid charges, etc. under Article 68 of the Act (limited to those imposed by the Mayor/Do Governor); |
| (m) | Disposition, etc. against violators of statutes issued under Article 69 of the Act (limited to the matters for which the authority for permission has been delegated to the Mayor/Do Governor); |
| (n) | Orders for disposition or taking measures under Article 70 of the Act (limited to the matters permitted by the Mayor/Do Governor); |
| (o) | Removal, safekeeping and disposal of occupying objects, etc. and other necessary countermeasures under Article 73 of the Act; |
| (p) | Entry, etc. to a third party’s land pursuant to Article 75 of the Act (limited to the matters for which the authority has been delegated to the Mayor/Do Governor); |
| (q) | Expropriation and use of land, etc. under Article 78 of the Act (limited to the cases where river works are carried out); |
| (r) | Deleted; <by Presidential Decree No. 27362, Jul. 19, 2016> |
| (s) | Report and entry, etc. under Article 90 of the Act (limited to the matters for which the authority for permission has been delegated to the Mayor/Do Governor); |
| (u) | Deleted; <by Presidential Decree No. 27362, Jul. 19, 2016> |
| (v) | Imposition and collection of administrative fines under Article 98 (3) 1, 6, and 7 of the Act (limited to the matters for which the authority has been delegated to the Mayor/Do Governor); |
| 3. | In cases of local rivers, the exchange and transfer of a desolate river site, etc. under Article 85 of the Act (limited to the cases where a desolate river site, etc. is national land). |
| (2) | The following authority, from among the authority of the Minister of Land, Infrastructure and Transport, shall be delegated to the head of the Regional Construction and Management Administration (referring to the head of the Regional Construction and Management Administration who holds jurisdiction over the longest section of a river, in cases falling under subparagraphs 1 (i) and (k) and 3, if a river system is subject to the jurisdiction of two or more Regional Construction and Management Administrations, and referring to the head of the Regional Construction and Management Administration designated by the Minister of Land, Infrastructure and Transport, in cases falling under subparagraph 2, if a local river is subject to the jurisdiction of two or more Regional Construction and Management Administrations) under Article 92 (1) of the Act: <Amended by Presidential Decree No. 21931, Dec. 30, 2009; Presidential Decree No. 22540, Dec. 20, 2010; Presidential Decree No. 23716, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27282, Jun. 28, 2016; Presidential Decree No. 27362, Jul. 19, 2016; Presidential Decree No. 28190, Jul. 17, 2017> |
| 1. | The following authority with respect to national rivers: |
| (a) | Receipt of reports on the succession of rights and obligations under Article 5 (2) of the Act (limited to the matters permitted or approved by the head of the Regional Construction and Management Administration); |
| (b) | Consultations or approval under Article 6 (1) of the Act (excluding the cases where a project operator is the head of a central administrative agency); |
| (c) | Consultations or approval with respect to the establishment of rights and other dispositions under Article 6 (2) of the Act (excluding the cases where a project operator is the head of a central administrative agency); |
| (e) | Deleted; <by Presidential Decree No. 27282, Jun. 28, 2016> |
| (g) | Designation, alteration, or closure of a flood control area and the publication thereof under Article 12 of the Act; |
| (h) | Enactment of management regulations for river facilities under Article 14 (1) of the Act and approval for the management regulations for river facilities pursuant to paragraph (2) of the said Article; |
| (k) | Deleted; <by Presidential Decree No. 28190, Jul. 17, 2017> |
| (m) | River works of national rivers under the main sentence of Article 27 (5) of the Act and the maintenance and repair of national rivers under the proviso to the said paragraph; |
| (r) | Permission for river works and the maintenance and repair of rivers under Article 30 (1) of the Act, consultation under paragraph (2) of the said Act and notifications under paragraph (3) of the said Act; |
| (t) | Authorization and altered authorization of implementation plans and the publication thereof (excluding implementation plans regarding river waters) under Article 30 (5) and (6) of the Act; |
| (u) | Authorization of the completion of river works and requests for inspection (limited to the matters for which authority for permission is delegated to the head of the Regional Construction and Management Administration) necessary for such authorization under Article 30 (7) and (8) of the Act; |
| (x) | Permission for occupying rivers under subparagraph 2 (excluding multi-purpose dams), subparagraph 3 (excluding multi-purpose dams and river mouth dikes) and subparagraph 4 of Article 33 (1) of the Act and authority under paragraphs (5), (6), and (8) of the said Article; |
| (y) | Implementation of river occupation and use works by proxy and notice on periods of works (limited to the matters permitted by the head of the Regional Construction and Management Administration) under Article 36 (1) of the Act; |
| (aa) | Prohibition against or restrictions on river use, its publication, and installation of sign boards under Article 47 of the Act; |
| (ab) | Orders issued to restore to the original state, exemption from the duty to restore to the original state under Article 48 (1) of the Act, notices under paragraph (2) of the said Article, the nationalization of installations, etc. under paragraph (3) of the said Article, and deposits of expenses for restoration to the original state under paragraph (4) of the said Article (limited to the matters for which the authority with respect to permission is delegated to the head of the Regional Construction and Management Administration); |
| (ad) | Refund of erroneously paid charges, etc. under Article 68 of the Act (limited to those imposed by the head of the Regional Construction and Management Administration); |
| (ae) | Cancellation of permission or approval under Article 69 of the Act (limited to the matters for which the authority with respect to permission or approval is delegated to the head of the Regional Construction and Management Administration); |
| (af) | Orders issued to take dispositions or measures under Article 70 (1) of the Act (limited to the matters permitted or approved by the head of the Regional Construction and Management Administration) and the notification thereof; |
| (ah) | Entry, etc. into a third party's land under Article 75 of the Act (limited to the matters for which the authority with respect to permission or approval is delegated to the head of the Regional Construction and Management Administration); |
| (ai) | Expropriation and use of land, etc. under Article 78 of the Act (limited to the cases where river works are carried out); |
| (am) | Reports and entry, etc. under Article 90 of the Act (limited to the matters for which the authority with respect to permission or approval is delegated to the head of the Regional Construction and Management Administration); |
| (an) | Hearings under Article 91 of the Act (limited to the matters permitted or approved by the head of the Regional Construction and Management Administration); |
| (ap) | Imposition and collection of administrative fines under Article 98 (3) 1, 6, and 7 of the Act (limited to the matters for which authority with respect to permission or approval is delegated to the head of the Regional Construction and Management Administration); |
| 2. | Determination and notification of a management agency or methods for management of rivers under Article 9 (2) of the Act and receipt of notification under paragraph (4) of the said Article; |
| (3) | The Minister of Land, Infrastructure and Transport shall delegate the following authority to the head of the competent flood control office pursuant to Article 92 (1) of the Act: Provided, That the authority under subparagraphs 6, 8, 10, and 11 shall be delegated to the head of the Han River flood control office: <Amended by Presidential Decree No. 21824, Nov. 16, 2009; Presidential Decree No. 21931, Dec. 30, 2009; Presidential Decree No. 22540, Dec. 20, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27282, Jun. 28, 2016; Presidential Decree No. 28190, Jul. 17, 2017> |
| 1. | Receipt of reports on the succession of rights and obligations under Article 5 (2) of the Act (limited to the matters permitted by the head of a flood control office); |
| 2. | Consultation or approval under Article 6 (1) of the Act (limited to the matters for which the authority with respect to permission is delegated to the head of a flood control office, and excluding the cases where a project operator is the head of a central administrative agency); |
| 3. | Consultation or approval under Article 6 (2) of the Act (limited to the matters for which the authority with respect to permission is delegated to the head of a flood control office, and excluding the cases where a project operator is the head of a central administrative agency); |
5 through 10. Deleted; <by Presidential Decree No. 28190, Jul. 17, 2017>
| 12. | Authorization, altered authorization of river works execution plans and the publication thereof (limited to implementation plans related to river water) under Article 30 (5) and (6) of the Act; |
| 13. | Authorization of completion and requests for inspection (limited to the matters for which the authority with respect to permission is delegated to the head of a flood control office) necessary for such authorization under Article 30 (7) and (8) of the Act; |
| 14. | Deleted; <by Presidential Decree No. 28190, Jul. 17, 2017> |
| 15. | Requests for submission of records with respect to the management of dams, etc. and flood gates under Article 39 (3) of the Act; |
| 16. | Deleted; <by Presidential Decree No. 28190, Jul. 17, 2017> |
| 18. | Deleted; <by Presidential Decree No. 28190, Jul. 17, 2017> |
| 19. | Authority related to a duty to restore to an original state under Article 48 of the Act (limited to the matters for which the authority with respect to permission is delegated to the head of a flood control office); |
| 20. | Permission for use of river water under Article 50 (1) of the Act, notification under paragraph (2) of the said Article, restrictions under paragraph (3) of the said Article; |
| 20-2. | Reporting on temporary use of river water made under Article 50-2 (1) of the Act; limitation, adjustment, and suspension of use, issued under paragraph (2) of the said Article; notification made under Article 50 (2) of the Act, which shall apply mutatis mutandis under paragraph (3) of the said Article; |
| 21. | Authority concerning the calculation of the required volume of river water provided for in Article 51 of the Act; |
| 22. | Requests for submission of data on the volume of outflow under Article 52 (2) of the Act, plans for use of river water and the receipt of records of using river water under paragraph (3) of the said Article, and the appraisal of the records of using river water under paragraph (5) of the said Article; |
| 24. | Refund of erroneously paid charges, etc. under Article 68 of the Act (limited to those imposed by the head of a flood control office); |
| 25. | Dispositions taken to cancel permission under Article 69 of the Act (limited to the matters for which authority with respect to permission is delegated to the head of a flood control office); |
| 26. | Orders of dispositions or measures under Article 70 of the Act (limited to the matters permitted by the head of a flood control office); |
| 27. | Entry, etc. into a third party's land under Article 75 of the Act (limited to the matters for which authority with respect to permission is delegated to the head of a flood control office); |
| 27-2. | Deleted; <by Presidential Decree No. 28190, Jul. 17, 2017> |
| 28. | Deleted; <by Presidential Decree No. 27362, Jul. 19, 2016> |
| 29. | Authority concerning reports and entry, etc. into a third party’s land under Article 90 of the Act (limited to the matters for which authority with respect to permission or approval is delegated to the head of a flood control office); |
| 30. | Hearings held under Article 91 of the Act (limited to the matters permitted by the head of a flood control office); |
| 31. | Imposition and collection of administrative fines under Article 98 (3) 1, 6 and 7 of the Act (limited to the matters for which authority with respect to permission is delegated to the head of a flood control office); |
| Article 105-2 (Adjustment following Delegation of Authority) |
| (1) | Where the Mayor/Do Governor establishes a river works execution plan pursuant to Article 105 (1) 2 (b), he/she shall hear in advance the opinion of the head of the competent Regional Construction and Management Administration on the appropriateness of basic river plans and reflect such opinion. |
| (2) | Where the Mayor/Do Governor has exercised the authority under Article 105 (1) 2 (b) through (e), he/she shall report the results to the head of the competent Regional Construction and Management Administration within ten days, as prescribed by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 21931, Dec. 30, 2009]
| Article 106 (Entrusted Institutions) |
Pursuant to Article 92 (3) of the Act, the Minister of Land, Infrastructure and Transport may entrust the following institutions with the business affairs specified in subparagraphs of the aforesaid paragraph. In such cases, the Minister of Land, Infrastructure and Transport shall make a public notification of the entrusted institutions and entrusted business affairs: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 106-2 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year), and shall take measures, such as making improvements: <Amended by Presidential Decree No. 27282, Jun. 28, 2016; Presidential Decree No. 27472, Aug. 31, 2016>
| 1. | Minor activities in a flood control area under Article 45 (3); |
| 2. | Matters to be taken into account for designation of angling prohibited areas, etc. under Article 51 (1). |
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
CHAPTER XI PENALTY PROVISIONS
| Article 107 (Guidelines for Imposition of Administrative Fines) |
The guidelines for the imposition of administrative fines provided for in Article 98 (4) of the Act shall be as specified in attached Table 5. [This Article Wholly Amended by Presidential Decree No. 22829, Apr. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on April 7, 2008.
Article 2 (Transitional Measures concerning Collection of Occupation Fees, etc.)
The former provisions shall govern the collection of occupation fees, etc. of permission for river occupation granted before this Decree enters into force.
Article 3 Omitted.
Article 4 (Relationship with Other Statutes)
Where the former Enforcement Decree of the River Act or the provisions thereof are cited by other statutes as at the time this Decree enters into force, and if this Decree includes the provisions corresponding thereto, this Decree or the corresponding provisions shall be deemed cited in lieu of the former provisions.
ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009: Provided, That ...<Omitted> ... Article 3 of the Addenda shall enter into force on the date of the promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21824, Nov. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 24 shall be applicable starting from the first basic river plan established or changed after this Decree enters into force.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 21931, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 31, 2009.
Article 2 (Transitional Measures)
The authority over river works being executed pertaining to national rivers as at the time this Decree enters into force shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 22540, Dec. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Article 2 (Applicability concerning Calculation of Occupation Fees, etc.)
The amended provisions of Article 42 (3) shall also apply to the calculation of occupation fees, etc. where permission for the occupation of rivers is obtained before this Decree enters into force.
ADDENDA <Presidential Decree No. 22829, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability Concerning Calculation of Floor Area Ratio in Accordance with Amendment of Enforcement Decree of the Building Act)
The amended provisions of Article 119 (1) 4 (d) of the Enforcement Decree of the Building Act shall apply, starting from the first building permission obtained after this Decree enters into force. Article 4 (Transitional Measures Concerning Penalty Surcharges or Administrative Fines)
| (1) | Where standards for the imposition of penalty surcharges or administrative fines are applied to violations committed before this Decree enters into force, the previous provisions shall apply. |
| (2) | No disposition of the imposition of penalty surcharges or administrative fines for violations before this Decree enters into force shall be included in calculating the frequency of violations in accordance with the amended provisions of this Decree. |
ADDENDUM <Presidential Decree No. 23716, Apr. 10, 2012>
This Decree shall enter into force on April 18, 2012: Provided, That the amended provisions of Articles 5 and 42 (2) shall enter into force on July 1, 2012.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of a Presidential Decree promulgated before the enforcement of this Decree but the date on which it enters into force has not yet arrived, from among Presidential Decrees amended by Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Presidential Decree, respectively.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27282, Jun. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 55-2 and 105 (3) 20-2 shall enter into force on June 30, 2016. Article 2 (Applicability to Installment Payment of Occupation Fees, etc.)
The amended provisions of the proviso to Article 42 (2) shall begin to apply to an installment payment imposed after this Decree enters into force. Article 3 (Transitional Measures concerning Designation of Angling Prohibited Areas, etc.)
Notwithstanding the amended provisions of Article 51 (2), the former provisions shall apply to the publication of the prohibited areas designated before this Decree enters into force.
ADDENDA <Presidential Decree No. 27362, Jul. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 20, 2016.
Articles 2 (Applicability to Criteria for Determination on Land, etc. Subject to Purchase)
The amended provisions of Article 85 (1) shall also apply to the land inside the river area for which the procedures of request for purchase under Article 79 of the Act are in progress. Articles 3 (Transitional Measures concerning Education on Persons Engaged in Affairs Related to Examination on Riverbed Changes)
A person engaged in affairs related to examination on riverbed changes as at the time this Decree enters into force shall receive education pursuant to the amended provisions of Article 17-3 (1) in two years after this Decree enters into force.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28190, Jul. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 8 of the Addenda, the amended parts of Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement date of which have not yet arrived, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28327, Sep. 19, 2017>
This Decree shall enter into force on September 22, 2017.