ENFORCEMENT DECREE OF THE MARINE ENVIRONMENT MANAGEMENT ACT
Presidential Decree No. 20722, Feb. 29, 2008
Amended by Presidential Decree No. 21185, Dec. 24, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21622, Jul. 7, 2009
Presidential Decree No. 21882, Dec. 14, 2009
Presidential Decree No. 21964, Dec. 31, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22449, Oct. 14, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 22706, Mar. 9, 2011
Presidential Decree No. 23158, Sep. 22, 2011
Presidential Decree No. 23297, Nov. 16, 2011
Presidential Decree No. 23964, Jul. 20, 2012
Presidential Decree No. 23966, Jul. 20, 2012
Presidential Decree No. 24207, Nov. 27, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 24517, Apr. 22, 2013
Presidential Decree No. 24627, jun. 17, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25639, Sep. 24, 2014
Presidential Decree No. 25758, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25860, Dec. 16, 2014
Presidential Decree No. 25943, Dec. 30, 2014
Presidential Decree No. 25985, Jan. 6, 2015
Presidential Decree No. 26220, Apr. 29, 2015
Presidential Decree No. 26473, Aug. 3, 2015
Presidential Decree No. 27165, May 10, 2016
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27748, Dec. 30, 2016
Presidential Decree No. 27792, Jan. 17, 2017
Presidential Decree No. 28169, jun. 27, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28332, Sep. 19, 2017
Presidential Decree No. 28583, Jan. 16, 2018
Presidential Decree No. 28586, Jan. 16, 2018
CHAPTER I GENERAL PROVISIONS
| Articles 2 and 3 Deleted. <by Presidential Decree No. 28332, Sep. 19, 2017> |
| Article 4 (Scope of Sea Areas) |
| 2. | Sea areas, where the Republic of Korea has jurisdiction over the preservation of their marine environment in accordance with the United Nations Convention on the Law of the Sea. |
| Article 5 Deleted. <by Presidential Decree No. 28332, Sep. 19, 2017> |
CHAPTER II MEASURES FOR PRESERVING AND MANAGING MARINE ENVIRONMENT
| Article 6 Deleted. <by Presidential Decree No. 28332, Sep. 19, 2017> |
| Article 7 (Organization Subject to Accuracy Control) |
"Institutions prescribed by Presidential Decree" in Article 12 (1) of the Act means any of the following: <Amended by Presidential Decree No. 27748, Dec. 30, 2016> | 1. | Institutions or organizations that measure or analyze the marine environment to operate the marine environment measuring network referred to in Article 9 of the Act; |
| 8. | Other institutions or organizations that measure or analyze the marine environment using the budget of the State, a local government, or a national or public research institution. |
| Article 7-2 (Institution for Establishing Accuracy Control Plans) |
"Institutions designated by Presidential Decree to conduct comprehensive surveys of the marine environment" in Article 12-3 (1) of the Act and "survey institutions designated by Presidential Decree" in paragraph (2) of the same Article mean the institutions or organizations referred to in Article 7 (1), respectively. [This Article Newly Inserted by Presidential Decree No. 28332, Sep. 19, 2017]
| Article 8 (Cancellation of Certification of Measuring and Analysis Capabilities) |
"Cases which fall under the grounds prescribed by Presidential Decree" in Article 13 (3) 3 of the Act means cases where no record of measurement or analysis exists for one year after the acquisition of measuring and analyzing capabilities certification.
| Article 9 Deleted. <by Presidential Decree No. 28332, Sep. 19, 2017> |
| Article 10 (Restrictions on Installation of Facilities in Environmental Preservation Sea Areas, etc.) |
| (3) | "Facilities prescribed by Presidential Decree" in Article 15 (2) of the Act means any of the following: <Amended by Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 22449, Oct. 14, 2010; Presidential Decree No. 27792, Jan. 17, 2017> |
| 1. | Facilities, the daily waste discharge quantity of which is at least 2,000 cubic meters: Provided, That facilities which cause wastewater discharged by the relevant facilities to flow into the public wastewater treatment facilities and public sewage treatment facilities or those which treat the wastewater under the criteria lower than those for the water quality of discharged water under the statutes applicable to the relevant region shall be excluded; |
| (4) | Facilities, the installation or modification of which is restricted pursuant to Article 15 (4) of the Act, means any of the following: <Amended by Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 22449, Oct. 14, 2010; Presidential Decree No. 27792, Jan. 17, 2017> |
| 1. | Facilities, the daily waste discharge quality of which is at least 1,000 cubic meters: Provided, That facilities which cause wastewater discharged by the relevant facilities to flow into the public wastewater treatment facilities and public sewage treatment facilities or those which treat the wastewater under the criteria lower than those for the water quality of discharged water under the statutes applicable to the relevant region shall be excluded; |
| (5) | When the Minister of Oceans and Fisheries intends to impose restrictions on the installation or modification of facilities in environment preservation sea areas or specially-managed sea areas pursuant to Article 15 (2) or (4) of the Act, he/she shall publicly notify the details and duration of such restrictions after consulting with the heads of the relevant central administrative agencies. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 11 (Sea Areas Subject to Total Pollution Load Control) |
| (1) | The sea areas subjected to total pollution load control pursuant to Article 15 (3) and (4) of the Act shall be specially-managed sea areas which exceed the marine environmental standards established pursuant to Article 13 (1) of the Act on Conservation and Utilization of the Marine Environment (hereinafter referred to as “marine environment standards"), and thus deemed likely to cause a serious damage to the health and property of their residents or to the birth and breeding of the living organisms and designated by the Minister of Oceans and Fisheries in consultation with the heads of the relevant central administrative agencies, Metropolitan City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28332, Sep. 19, 2017> |
| (2) | In designating sea areas subject to total pollution load control under paragraph (1), the sections of the rivers and their tributaries publicly notified pursuant to Article 12 (1) of the Enforcement Decree of the Act on Water Management and Resident Support in the Nakdong River Basin, Article 10 (1) of the Enforcement Decree of the Act on Water Management and Resident Support in the Geum River Basin, and Article 10 (1) of the Enforcement Decree of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins and affected river basins shall be excluded. |
| Article 12 (Items of Total Pollution Load Control, etc.) |
| (1) | The Minister of Oceans and Fisheries shall determine items of total pollution load control under Article 15 (4) of the Act, from among the following items, after comprehensively considering the marine environmental standards, state of utilization of sea areas, state of water quality, etc. and consulting with the Mayors/Do Governors having jurisdiction over the sea areas subject to total pollution load control: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28332, Sep. 19, 2017> |
| 1. | Chemical oxygen demand; |
| (2) | To implement total pollution load control for the items detailed in paragraph (1), the Minister of Oceans and Fisheries shall establish basic directions for total pollution load management, which include the following (hereinafter referred to as "basic directions") and inform them to the Mayors/Do Governors having jurisdiction over specially-managed sea areas designated pursuant to Article 11 (1): <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Items of total pollution load control and target water quality; |
| 2. | Methods of examining the sources of pollution and calculating pollution loads; |
| 3. | Allotment of pollution loads by river area, administrative district and source of pollution; |
| 4. | Criteria for approving a basic plan for the total pollution load management system, which is established by a Mayor/Do Governor pursuant to paragraph (3); |
| 5. | Criteria for approving action plans for the total pollution load management system established by Metropolitan City Mayors or the heads of Sis and Guns (excluding the heads of Guns in Metropolitan Cities; hereinafter the same shall apply) pursuant to paragraph (4); |
| 6. | Minor matters not requiring approval to revise a basic plan for the total pollution load management system and action plans therefor, which are established pursuant to paragraphs (3) and (4). |
| (3) | The relevant Mayor/Do Governor shall establish a basic plan for the total pollution load management system (hereinafter referred to as "basic plan"), which includes the following in accordance with the basic directions under paragraph (2) and obtain approval therefor from the Minister of Oceans and Fisheries. The same shall also apply where he/she intends to revise the basic plan (excluding revisions to the minor matters referred to in paragraph (2) 6): <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Details of regional development plans; |
| 2. | Allotment of pollution loads to each local government having jurisdiction; |
| 3. | Total pollution load discharged from regions and sea areas and plans for the reduction thereof; |
| 4. | Pollution load additionally discharged as a result of a regional development plan and plan for the reduction thereof. |
| (4) | Any Metropolitan City Mayor or the head of a Si or Gun shall establish an action plan for the total pollution load management system (hereinafter referred to as "action plan") in accordance with the basic plan and submit it to the Minister of Oceans and Fisheries, after obtaining approval from the Minister of Oceans and Fisheries in the case of Metropolitan City Mayors and approval from a Mayor/Do Governor in the case of the heads of Sis or Guns. The same shall also apply where he/she intends to revise the action plan (excluding revisions to the minor matters referred to in paragraph (2) 6). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (5) | The Minister of Oceans and Fisheries may conduct research, examinations, etc. necessary for establishing a basic plan and action plans, and demand that the results thereof be reflected in such plans, and Mayors/Do Governors or the heads of Sis or Guns shall comply with such demand, except under extenuating circumstances. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (6) | The Minister of Oceans and Fisheries may organize and operate a council comprised of relevant experts, etc. to determine and adjust items of total pollution load control and target water quality, and conduct research and examinations on the implementation of total pollution load control, etc. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 13 (Allotment of Pollution Load to Each Business Place, etc.) |
| (1) | To achieve and maintain the target water quality determined in the basic directions, the Minister of Oceans and Fisheries may request the Minister of Environment to allot pollution loads or designate discharge quantities to any of the following facilities: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27792, Jan. 17, 2017; Presidential Decree No. 28583, Jan. 16, 2018> |
| 2. | A facility subject to the criteria for the water quality of discharged water (limited to public sewage treatment facilities, excreta treatment facilities, and private sewage treatment facilities) under Article 7 of the Sewerage Act; |
| (2) | When requesting the Minister of Environment to allot pollution loads or designate discharge quantities pursuant to paragraph (1), the Minister of Oceans and Fisheries shall forward the basic plan and action plans to the Minister of Environment. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Upon receipt of a request to allot pollution loads or designate discharge quantities pursuant to paragraph (1), the Minister of Environment may do so by final outfall or unit period. |
| (4) | Where deemed necessary to achieve or maintain the target water quality set by the basic directions, any Metropolitan City Mayor, or any head of a Si or Gun may allot pollution loads or designate discharge quantities by final outfall or unit period for facilities (limited to private sewage treatment facilities) subject to the permissible discharge levels under Article 32 of the Water Environment Conservation Act and criteria for the water quality of discharged water under Article 7 of the Sewerage Act. <Amended by Presidential Decree No. 28583, Jan. 16, 2018> |
| (5) | The Minister of Environment, any Metropolitan City Mayor, or the head of a Si or Gun shall hear from interested persons when allotting pollution loads or designating discharge quantities pursuant to paragraph (3) or (4). |
| (7) | With respect to the facilities which have discharged pollutants in excess of the allotted pollution loads or designated discharge quantities provided for in paragraph (3), the Minister of Oceans and Fisheries may request the Metropolitan City Mayor, or the head of a Si or Gun having jurisdiction over such facilities to take necessary measures, such as the improvement of treatment facilities. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (8) | In cases of discharging pollutants in excess of the pollution load allotted or discharge quantity designated pursuant to paragraph (4) or at the request of the Minister of Oceans and Fisheries under paragraph (7), any Metropolitan City Mayor or the head of a Si or Gun may order the relevant business entity to take measures, such as the improvement of facilities, setting the deadline therefor, and a person who has received such order shall comply therewith. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (9) | The methods and procedures for issuing an order for taking measures, confirmation of the performance of such an order, etc. under paragraph (8) shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 14 (Evaluation of Performance of Total Pollution Loads Control, etc.) |
| (1) | Any Metropolitan City Mayor or the head of a Si or Gun shall evaluate the implementation of the action plans for the preceding year as publicly notified by the Minister of Oceans and Fisheries and report thereon to the Minister of Oceans and Fisheries (hereinafter referred to as "evaluation report"). In such cases, the head of a Si or Gun shall submit such report through the competent Mayor/Do Governor. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | Where deemed necessary to achieve the purpose of total pollution load control after reviewing the evaluation report submitted pursuant to paragraph (1), the Minister of Oceans and Fisheries may request the Metropolitan City Mayor or the head of the relevant Si or Gun to formulate and implement necessary actions or countermeasures. In such cases, the Metropolitan City Mayor or the head of a Si or Gun shall comply with such request, except under extenuating circumstances. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Any Metropolitan City Mayor, or the head of a Si or Gun shall prepare and keep a ledger of total pollution load control, as prescribed by the Minister of Oceans and Fisheries, to ascertain any increase and decrease in sources of pollution. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 15 (Financial Support, etc.) |
| (1) | The State may give preference to local governments or business entities which implement total pollution load control, over the other local governments or business entities, in providing subsidies, loans, or other types of financial support to help them cover the expenses incurred in improving facilities required to implement total pollution load control. |
| (2) | No head of a relevant administrative agency shall grant approval, permission, etc. for the following to local governments which have exceeded the pollution loads allotted to each local government under Article 12 (3) or have failed to establish and implement the basic plan or action plans without just ground: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| 4. | Installation of facilities of at least the size prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | If the head of a relevant administrative agency violates paragraph (2), or a Metropolitan City Mayor or the head of a Si or Gun who implements total pollutant load control, fails to comply with a request under Article 14 (2) without just ground, the Minister of Oceans and Fisheries or the head of the relevant central administrative agency may suspend or reduce financial support or take other necessary measures. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 16 (Details of Master Plans for Environment Management Sea Areas) |
Matters necessary for managing environment management sea areas prescribed by Presidential Decree pursuant to Article 16 (1) 5 of the Act shall be as follows: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 24443, Mar. 23, 2013> | 1. | Evaluating and managing the implementation of a basic plan for environment management sea areas and a plan for the management of each sea area; |
| 2. | Matters concerning total water pollutant load control in sea areas; |
| 3. | Matters concerning the management of water quality, deposited substances and ecosystems in sea areas; |
| 4. | Establishment of investment plans for environmental improvement in sea areas; |
| 5. | Matters concerning the expansion of environmental capacity in sea areas, such as dredging of sediments and creation of artificial habitats; |
| 6. | Provision of technical and financial support for installing, operating and managing facilities necessary to prevent marine pollution and improve the marine environment; |
| 7. | Matters concerning publicity and education on the preservation of the marine environment; |
| 8. | Other matters deemed necessary by the Minister of Oceans and Fisheries. |
| Article 17 (Organization of Project Management Task Force) |
The project management task force referred to in Article 16 (4) of the Act shall be composed of the following persons: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> | 1. | Public officials belonging to the Ministry of Oceans and Fisheries; |
| 2. | Public officials belonging to relevant central administrative agencies and local governments; |
| 3. | Experts, etc. in the management of the marine environment from academic circles, research institutes, etc. |
| Articles 18 through 23 Deleted. <by Presidential Decree No. 21622, Jul. 7, 2009> |
| Article 24 (Marine Environmental Improvement Measures Taken by Sea Area Management Authority) |
| (1) | The details of marine environmental improvement measures which a sea area management authority may take, pursuant to Article 18 (1) 1 through 3 of the Act, are as mentioned in each of the following subparagraphs: |
| 1. | Installation of containment booms for marine floating debris and silt screening system; |
| 2. | Collection and disposal of various kinds of pollutants, such as marine wastes in ocean space; |
| 3. | Collection and disposal of pollutants in sea areas with deposited pollutants. |
| (2) | Where it is deemed that improvement is required in the installation and operation of public wastewater treatment facilities and excreta or livestock wastewater treatment facilities, any sea area management authority may request the heads of relevant administrative agencies to take necessary measures. In such cases, the heads of the relevant administrative agencies shall comply therewith, unless any extenuating circumstance exists. <Amended by Presidential Decree No. 27792, Jan. 17, 2017> |
| Article 24-2 (Marine Environmental Improvement Measures to be Taken by Minister of Oceans and Fisheries) |
"Where a sea area or zone subject to marine environmental improvement measures referred to in paragraph (1) extends over the jurisdictions of at least two Mayors/Do Governors or in any other case prescribed by Presidential Decree" in the former part of Article 18 (2) of the Act means any of the following cases: | 1. | Where a sea area or zone subject to marine environmental improvement measures belongs to the jurisdictions of at least two Mayors/Do Governors; |
| 2. | Where it is deemed necessary to urgently implement marine environmental improvement measures due to a disaster, etc. |
[This Article Newly Inserted by Presidential Decree No. 24207, Nov. 27, 2012]
| Article 25 (Calculation of Marine Environmental Improvement Charges Imposed on Ocean Waste Discharge Business Entities) |
| (1) | Marine environmental improvement charges for discharging wastes into the sea by ocean waste discharge business entities under Article 19 (1) 1 of the Act shall be calculated using the following arithmetic formula: |
The quantity of the wastes discharged into the sea (cubic meter) × amount of the charge imposed per unit × imposition coefficient.
| (2) | The quantity of wastes discharged into the sea in the formula in paragraph (1) shall be based on the statement of disposal results under Article 72 (1) of the Act. |
| (3) | The amount of a charge imposed per unit and imposition coefficients for different types of wastes under Article 19 (3) of the Act shall be as shown in attached Table 3. <Presidential Decree No. 23158, Sep. 22, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21964, Dec. 31, 2009]
| Article 25-2 (Calculation of Marine Environmental Improvement Charges Imposed on Ships, etc.) |
| (1) | "Pollutants at least in the quantity prescribed by Presidential Decree" under Article 19 (1) 2 of the Act are as shown in attached Table 3-2. |
| (2) | A marine environmental improvement charge imposed on pollutants under paragraph (1) shall be calculated using the following arithmetic formula: Provided, That where the quantity of the pollutants discharged into the sea is not less than one million liters, 75/100 of the calculated amount shall be subtracted with respect to the portion exceeding one million liters: The quantity of the pollutants discharged into the sea (liter) × amount of the charge imposed per unit × imposition coefficient. |
| (3) | The quantity of the pollutants discharged into the sea in the arithmetic formula in paragraph (2) shall be calculated by deducting the removed or remaining quantity after discharge, from the loaded or stored quantity before discharge (in the case of fuel oil of a ship, including the quantity used during the voyage of the ship from the loaded quantity): Provided, That in unavoidable cases where the remaining quantity cannot be known due to submersion or damage of a ship, the remaining quantity may be calculated by using the hydrodynamic principle, etc., taking into account the kinds of pollutants and weather conditions. |
| (4) | “Cases prescribed by Presidential Decree” under Article 19 (2) 3 of the Act means cases where pollutants emitted outside sea areas and territorial waters prescribed in Article 3 (1) 1 and 2 of the Act have not flowed into the same sea areas and territorial waters. <Newly Inserted by Presidential Decree No. 23158, Sep. 22, 2011> |
| (5) | The amount of a charge imposed per unit and imposition coefficients for different types of pollutants under Article 19 (3) of the Act shall be as shown in attached Table 3-3. <Amended by Presidential Decree No. 23158, Sep. 22, 2011> |
| (6) | Deleted. <by Presidential Decree No. 23158, Sep. 22, 2011> |
[This Article Newly Inserted by Presidential Decree No. 21964, Dec. 31, 2009]
| Article 26 (Imposition and Collection of Marine Environmental Improvement Charges) |
| (1) | The Minister of Oceans and Fisheries shall calculate and impose the marine environmental improvement charges under Article 19 (1) 1 and 2 of the Act (hereinafter referred to as "charges") pursuant to the following classification and issue a notice of payment by the 15th day of the month following the relevant quarter or the month in which such charge is calculated, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | Deleted. <Amended by Presidential Decree No. 21964, Dec. 31, 2009> |
| (3) | Such charges shall be paid by the last day of the month in which a notice of payment is served. |
| (4) | Notwithstanding paragraphs (1) and (3), where an ocean waste discharge business terminates in the middle of a quarter, a notice of payment for the relevant quarter may be issued within 15 days from the date on which the Minister of Oceans and Fisheries becomes aware of such termination. In such cases, the deadline for payment for the relevant quarter shall be 15 days from the date on which a notice of payment has been served. <Amended by Presidential Decree No. 21964, Dec. 31, 2009> |
| Article 27 (Payment of Charges in Installments) |
| (1) | Any person who intends to pay charges in installments pursuant to Article 19 (4) of the Act shall submit a written application therefor (including applications in electronic documents) to the Minister of Oceans and Fisheries within five days from the receipt of a notice of payment. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | Where a person obligated to pay charges falls under any of the following cases, the Minister of Oceans and Fisheries may permit the person to pay them in installments. In such cases, the Minister of Oceans and Fisheries shall notify the person in writing as to whether permission is granted: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Where a charge payable exceeds ten million won; |
| 2. | Where the person has sustained a substantial loss to his/her property due to a natural disaster or accident. |
| (3) | Where any of the following applies to a person obligated to pay a charge who has received a notice of permission to pay the charge in installments, the Minister of Oceans and Fisheries may cancel such permission and collect the charges related to the installment payments at once. In such cases, the Minister of Oceans and Fisheries shall inform the person, in writing, of the decision: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Where the person fails to make installment payment by the prescribed deadline; |
| 2. | Where it is deemed impracticable to collect the full amount of charges related to the installment payments by the prescribed deadline as the person falls under any of the subparagraphs of Article 14 (1) of the National Tax Collection Act, or on other grounds similar thereto. |
| Article 28 (Calculation of Installment Payments, etc.) |
| (1) | The number of installment payments under Article 27 (2) shall not exceed three times and the deadline for the first installment payment shall be the last day of the month in which a notice of payment of the relevant charge is served. <Amended by Presidential Decree No. 21964, Dec. 31, 2009> |
| (2) | The total amount of the installment payments under paragraph (1) shall be, in principle, equated monthly, and the deadline for each installment payment shall be the last day of each month. <Newly Inserted by Presidential Decree No. 21964, Dec. 31, 2009> |
| (3) | Any person obligated to pay charges in installments shall pay interest calculated based on the balance computed by subtracting the installment payment amounts paid until the immediately preceding installment payment or the sum of such installment payments from the total amount of installment payments for the number of days during the period from the day following the deadline for the immediately preceding installment payment to the deadline for each installment payment. In such cases, such interest shall be calculated by multiplying the amount to be paid by annual interest rate of 6%. |
| Article 29 (Adjustment of Charges) |
| (1) | In any of the following cases, the Minister of Oceans and Fisheries shall adjust a charge through re-calculation, and, if there is a difference between the amount paid already and the amount of payment adjusted, he/she shall reimpose or refund the difference: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Where a charge is imposed on a wrong person or the wrong method of calculation is employed; |
| 2. | Where the amount of an installment payment and the interest thereon are miscalculated; |
| 3. | Where the amount of a charge is erroneously imposed due to other causes. |
| (2) | When the Minister of Oceans and Fisheries intends to impose an adjusted charge or refund a charge pursuant to paragraph (1), he/she shall issue a written notice stating the amount, deadline and place of payment, and other necessary matters. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 30 (Application for Adjustment of Charges) |
| (1) | When any of the subparagraphs of Article 29 (1) applies to a person who has received a notice of payment of a charge or has obtained permission to pay a charge in installments, he/she may apply for the adjustment of the charge within 30 days from the receipt of such notice or permission. |
| (2) | Upon receipt of an application for adjustment filed under paragraph (1), the Minister of Oceans and Fisheries shall inform the relevant applicant or a person who has newly become subject to the payment of the charge of the processing results within 30 days, and if there is a difference between the amount already paid and the amount of payment adjusted, he/she shall reimpose or refund the difference pursuant to Article 29 (2). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | No application for adjustment under paragraph (1) shall affect a deadline for payment of charges. |
| Article 31 (Letter of Reminder) |
The amount of charges and additional dues to be paid, and the deadline and place of payment shall be included in the letter of reminder under Article 20 (1) of the Act.
| (1) | Surcharges imposed under Article 20 (1) of the Act shall be equivalent to 3% of the charge in arrears: Provided, That where a person liable to pay the charge pays such charge in arrears within one week after the lapse of a deadline for payment, surcharges payable shall be equivalent to 1% of the charge in arrears. <Amended by Presidential Decree No. 22706, Mar. 9, 2011; Presidential Decree No. 24207, Nov. 27, 2012> |
| (2) | The Minister of Oceans and Fisheries may allow the surcharges referred to in the latter part of Article 20 (1) of the Act to be paid in installments. <Amended by Presidential Decree No. 27299, Jun. 30, 2016> |
| (3) | Regarding the installment payments of the surcharges referred to in paragraph (1), Article 27 (excluding paragraph (2) 1) and Article 28 shall apply mutatis mutandis. In such cases, “charges” shall be construed as “surcharges” and “written application for payment of charges in installments” as “written application for payment of surcharges in installments.” <Newly Inserted by Presidential Decree No. 27299, Jun. 30, 2016> |
| Article 33 (Projects Related to Charges) |
| (1) | "Project prescribed by Presidential Decree" in subparagraph 8 of Article 21 of the Act means any of the following: |
| 1. | Projects to research, develop, and lay the groundwork for core technologies for environment-friendly vessels; |
| 2. | Projects to collect and utilize information on the development of technologies for environment-friendly vessels both domestically and internationally; |
| 3. | Projects to improve energy efficiency of vessels; |
| 4. | Projects to support purchase and remodel environment-friendly vessels and install and replace machinery and equipment used in environment-friendly vessels; |
| 5. | Other projects that the Minister of Oceans and Fisheries deems necessary for developing, utilizing, and disseminating technologies for environment-friendly vessels. |
| (2) | "Project prescribed by Presidential Decree" in subparagraph 9 of Article 21 of the Act means any of the following: |
| 1. | Projects to implement and support measures to reduce marine pollution; |
| 2. | Projects to support civil organizations in conserving and managing marine environment and preventing marine pollution. |
[This Article Wholly Amended by Presidential Decree No. 28169, Jun. 27, 2017]
CHAPTER III REGULATIONS FOR PREVENTION OF MARINE POLLUTION
| Article 34 (Marine Space) |
| Article 35 (Designation of Specialized Inspection Institutions) |
| (1) | "Specialized inspection institution" in Article 23 (4) of the Act means any of the following institutions or groups designated by the Minister of Oceans and Fisheries: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27165, May 10, 2016> |
| 1. | National and public research institutes; |
| 5. | Other institutions or organizations recognized to be capable of providing specialized inspection service. |
| (2) | Any institution or organization falling under any of the subparagraphs of paragraph (1), intending to be designated under paragraph (1), shall fulfill the requirements in terms of workforce, facilities, equipment, technical capabilities, etc., as specified and publicly notified by the Minister of Oceans and Fisheries, and shall file with the Minister of Oceans and Fisheries an application for designation. <Newly Inserted by Presidential Decree No. 27165, May 10, 2016> |
| (3) | Upon receipt of an application under paragraph (1), the Minister of Oceans and Fisheries shall designate the institution or organization as a specialized inspection institution, unless such institution or organization fails to meet any requirement specified in paragraph (2): Provided, That no institution or organization shall be designated as a specialized inspection institution if its previous designation was cancelled under Article 35-2 and one year has not elapsed. <Newly Inserted by Presidential Decree No. 27165, May 10, 2016> |
| (4) | Where a specialized inspection institution intends to make any change to the matters included in the designation, it shall obtain designation for change from the Minister of Oceans and Fisheries: Provided, That if the change is made to the minor matters specified and publicly notified by the Minister of Oceans and Fisheries, it shall report thereon to the Minister of Oceans and Fisheries. <Newly Inserted by Presidential Decree No. 27165, May 10, 2016> |
| (5) | Where the Minister of Oceans and Fisheries has designated a specialized inspection institution or designated for change under paragraph (3) or (4), he/she shall publicly notify such fact. <Newly Inserted by Presidential Decree No. 27165, May 10, 2016> |
| (6) | Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for the designation as a specialized inspection institution, designation for change, methods and procedures for applying for change, specific methods to verify whether the requirements for designation are met, items to be verified, criteria for verification, etc., shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 27165, May 10, 2016> |
| Article 35-2 (Cancellation of Designation of Specialized Inspection Institution, etc.) |
| (1) | Where any specialized inspection institution falls under any of the following cases, the Minister of Oceans and Fisheries shall cancel its designation or order suspension of agency business for a period of up to six months: Provided, That the designation must be cancelled under either subparagraph 1 or 2: |
| 1. | Where the designation was obtained by fraud or other wrongful means; |
| 2. | Where inspection was conducted during business suspension period; |
| 3. | Where no business has been initiated for two years since the designation as a specialized inspection institution or no performance has been achieved for at least two years without good cause; |
| 4. | Where the designation requirements specified in Article 35 (2) are no longer satisfied; |
| 5. | Where the specialized inspection institution lets others use its name to perform business as a specialized inspection institution or lends its designation certificate to others; |
| 6. | Where the specialized inspection institution produces false results willfully or by negligence. |
| (2) | Specific criteria, procedures, and other matters necessary for cancelling designation of specialized inspection institutions as referred to in paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
[This Article Newly Inserted by Presidential Decree No. 27165, May 10, 2016]
| Article 36 (Ocean Waste Collection and Disposal Plans) |
| (1) | The Minister of Oceans and Fisheries shall establish ocean waste collection and disposal plans under Article 24 (1) of the Act every five years. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21622, Jul. 7, 2009; Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | Ocean waste collection and disposal plans referred to in paragraph (1) shall include the following: |
| 1. | The quantity and estimated quantity of wastes discharged or flowing in by kind and source of pollution; |
| 2. | Matters concerning the reduction of generation of wastes, such as preventing wastes from flowing into the sea; |
| 3. | Matters concerning the basic directions of the ocean waste collection and disposal plans; |
| 4. | Matters concerning the expansion of the ocean waste collection and disposal capacity; |
| 5. | Matters concerning cooperation between private and government sectors; |
| (3) | Any Mayor/Do Governor shall establish and promote a yearly action plan for the ocean waste collection and disposal plans under paragraph (1) and submit the yearly action plan and performance report to the Minister of Oceans and Fisheries by the end of January each year. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 37 (Examination and Measurement Activities) |
| (1) | Any sea area management authority shall examine and measure the quantity of discharge and influx of wastes by kind and source of pollution in order to efficiently establish and implement comprehensive plans for marine environmental management pursuant to Article 10 (1) of the Act on Conservation and Utilization of the Marine Environment and ocean waste collection and disposal plans. <Amended by Presidential Decree No. 28332, Sep. 19, 2017> |
| (2) | Any sea area management authority may request the heads of relevant agencies to grant access to entrance-restricted zones under their jurisdiction, submit necessary data, or provide support for examination and measurement activities under Article 24 (2) of the Act. In such cases, the heads of the relevant agencies shall comply with such request, except under extenuating circumstances. |
| (3) | Any sea area management authority shall conduct examinations and measurements under Article 24 (2) of the Act each year, and where a Mayor/Do Governor is a sea area management authority, he/she shall report the results thereof to the Minister of Oceans and Fisheries by the end of February of the following year. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 38 (Cost-Bearing by Polluters, etc.) |
| (1) | The scope of expenses for the collection, disposal or keeping of wastes to be borne by polluters pursuant to Article 24 (4) of the Act shall be as shown in attached Table 5. |
| (2) | Any sea area management authority shall inform the polluters of the specific grounds for the calculation of the expenses under paragraph (1). |
| Article 39 (Qualifications and Duties of Marine Pollution Prevention Manager on Ship, etc.) |
| (1) | The qualifications for a marine pollution prevention manager under Article 32 (3) of the Act are specified in each of the following subparagraphs: |
| 2. | In the case of ships which are not governed by the Ship Personnel Act or have no ship personnel, other than the master, crew members engaged in the transportation or discharge of pollutants and air pollutants. |
| (2) | The duties of and matters to be observed by the marine pollution prevention manager under paragraph (1) are as mentioned in each of the following subparagraphs: <Amended by Presidential Decree No. 28169, Jun. 27, 2017> |
| 1. | Making entries into and keeping a waste register and oil register (in the case of ships transporting noxious liquids in bulk, including a register of noxious liquids); |
| 2. | Direction and supervision for transportation or discharge of pollutants; |
| 3. | Maintenance of marine pollution prevention facilities and checkup of their operating conditions; |
| 4. | Maintenance and checkup of air pollution prevention facilities; |
| 5. | Management of materials and chemicals for marine pollution response; |
| 7. | Completion of educational and training courses on marine pollution prevention, and pollution response and education of crew members of the ship concerned under Article 121 (1) of the Act; |
| 8. | Other matters necessary for the prevention of pollution incidents which may be caused by the ship concerned. |
| Article 40 (Duties of Marine Pollution Prevention Manager in Marine Facilities, etc.) |
| (1) | The owner of a marine facility under Article 36 (1) of the Act shall appoint a person who provides directions and supervision as to transportation or discharge of pollutants pursuant to paragraph (3) of the same Article as a marine pollution prevention manager. |
| (2) | The duties of and matters to be observed by the marine pollution prevention manager under Article 36 (3) of the Act are as mentioned in each of the following subparagraphs: <Amended by Presidential Decree No. 28169, Jun. 27, 2017> |
| 1. | Making entries in and keeping a marine facility pollutant register; |
| 2. | Providing directions and supervision as to transportation or discharge of pollutants; |
| 3. | Maintenance of marine pollution prevention facilities and checkup of their operating conditions; |
| 4. | Management of materials and chemicals for marine pollution response; |
| 6. | Completion of educational and training courses on marine pollution prevention and pollution response under Article 121 (1) of the Act, and education of the workers of the facility concerned; |
| 7. | Other matters necessary for the prevention of pollution incidents which may be caused by the facility concerned. |
| Article 40-2 (Agency Specialized in Safety Inspections) |
[This Article Newly Inserted by Presidential Decree No. 25639, Sep. 24, 2014]
| Article 41 (Requests for Submission of Data Necessary for Measurement and Examination) |
The data the Minister of Oceans and Fisheries may request from relevant administrative agencies pursuant to Article 39 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> | 5. | Information on the lines of business, and business entities which handle persistent organic pollutants. |
| Article 41 (Requests for Submission of Data Necessary for Measurement and Examination) |
The data the Minister of Oceans and Fisheries may request from relevant administrative agencies pursuant to Article 39 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27965, Mar. 27, 2017> | 1. | Data on the measurement of persistent pollutant measuring networks under Article 11 of the Persistent Pollutants Control Act; |
| 2. | Information on an order for improvement, order for suspension of use and order for closure under Article 16 of the Persistent Pollutants Control Act and the implementation thereof; |
| 3. | Data on the major sources of emission, emission routes and emission quantities of persistent pollutants under Article 18 of the Persistent Pollutants Control Act; |
| 4. | Data on the survey on the impact of persistent pollutants under Article 19 of the Persistent Pollutants Control Act; |
| 5. | Information on the lines of business, and business entities which handle persistent pollutants. |
<<Enforcement Date: Undesignated>> Article 41
CHAPTER IV REGULATIONS FOR PREVENTION OF AIR POLLUTION AT SEA
| Article 42 (Sulfur Content Standards for Fuel Oil) |
| (1) | "Sulfur content standards prescribed by Presidential Decree" in Article 44 (1) of the Act means any of the following: <Amended by Presidential Decree No. 23158, Sep. 22, 2011> |
| 1. | The sulfur content in light oil is required to be 1.0% (weight %) or less: Provided, That in the case of ships sailing only in territorial waters and exclusive economic zones under Article 3 (1) 1 and 2 of the Act, it is to be 0.05% (weight %) or less; |
| 2. | The sulfur content in heavy oil is to be 2.0% (weight %) or less for bunker A oil (heavy oil A), 3.0% (weight %) or less for bunker B oil (heavy oil B) and 3.5% (weight %) or less for bunker C oil (heavy oil C). |
| (2) | "Sulfur content standards prescribed by Presidential Decree" in the main sentence of Article 44 (2) of the Act means that the sulfur content contained in fuel oil is 1.0% (weight %). <Amended by Presidential Decree No. 23158, Sep. 22, 2011> |
| Article 43 (Quality Standards for Fuel Oil) |
"Quality standards for fuel oil prescribed by Presidential Decree" in the main sentence of Article 45 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> | 1. | In the case of fuel oils manufactured by refining petroleum, all of the following conditions shall be satisfied: |
| (a) | It shall be a hydrocarbon compound (including additives to improve performance); |
| (b) | It shall not contain inorganic acid; |
| (c) | It shall not contain additives or chemical wastes prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 2. | In the case of fuel oils manufactured by methods other than that prescribed under subparagraph 1, all of the following conditions shall be satisfied: |
| (a) | The nitrous oxides emitted during the operation of a ship engine shall not exceed the permissible emission level of nitrous oxides under the main sentence of Article 43 (1) of the Act; |
| (b) | Inorganic acid shall not be contained in the raw materials to be compounded; |
| (c) | It shall not endanger any ship or adversely affect its mechanical capacity; |
| (d) | It shall not cause any harm to the human body; |
| (e) | It shall not increase air pollution. |
CHAPTER V MEASURES FOR MARINE POLLUTION RESPONSE
| Article 44 (Formulating, Implementing, etc. National Emergency Pollution Response Plans) |
| (1) | The following shall be included in national emergency pollution response plans established under Article 61 (1) of the Act: <Amended by Presidential Decree No. 23158, Sep. 22, 2011> |
| 1. | Precautionary measures against discharge of pollutants: |
| (a) | Organization and operation of the national pollution response system and response organization; |
| (b) | Duties and roles of relevant agencies, etc. for the preparation against and response to marine pollution; |
| (c) | Preparation of pollution response equipment, materials and chemicals; |
| (d) | Education and training for the preparation against and response to marine pollution; |
| (e) | Organization and operation of a system for assistance and cooperation for response to pollution between neighboring countries; |
| (f) | Advice and support by pollution response experts; |
| (g) | Examination, research, technical development, etc. for marine pollution response; |
| 2. | Plans for pollution response to discharge of pollutants: |
| (a) | Scope of emergency pollution response measures to be taken by the State; |
| (b) | Performance of pollution response activities, such as the investigation of pollution sites, decisions on the method of pollution response, and the supervision and control of the sea areas hit by an accident; |
| (c) | Urgent mobilization and provision of pollution response equipment, materials and chemicals; |
| (d) | Measures for ensuring safety on the water and preventing danger; |
| (e) | Post-management, such as a study on the impact and damage caused by marine pollution incidents; |
| (f) | Necessary matters in relation to pollution response measures, such as evaluation of pollution response, and standards for the completion of pollution response. |
| (2) | The Commissioner of the Korea Coast Guard may establish and implement action plans for regional emergency pollution response tailored to each region to facilitate the implementation of the national emergency pollution response plan. <Amended by Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Matters to be included in the action plan for regional emergency pollution response shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 45 (Composition and Operation, etc. of Pollution Response Headquarters) |
| (1) | The Commissioner of the Korea Coast Guard shall serve as the head of the pollution response headquarters under Article 62 (3) of the Act (hereafter referred to as the "head of the headquarters" in this Article) composed of the public officials belonging to the Korea Coast Guard and persons dispatched by the heads of relevant organs. <Amended by Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The head of the headquarters may request the heads of relevant organs to dispatch persons to work for the pollution response headquarters and to provide personnel and equipment, etc. needed for pollution response. In such cases, the heads of the relevant organs shall comply with such request, except under extenuating circumstances. |
| (3) | The head of the headquarters shall perform the duties specified in each of the following subparagraphs: <Amended by Presidential Decree No. 23158, Sep. 22, 2011> |
| 1. | Analysis and assessment of pollution incidents and overall supervision of pollution response; |
| 2. | Assistance and cooperation for pollution response among neighboring countries; |
| 3. | Prevention of a spill or leak and spread of pollutants; |
| 4. | Decision on the scope of mobilization of pollution response personnel and equipment, etc., and supervision and control of polluted sites; |
| 5. | Establishment of pollution response strategies, and decision on and execution of pollution response methods; |
| 6. | Necessary matters other than those prescribed in subparagraphs 1 through 5, in relation to pollution response measures. |
| (4) | The head of the headquarters may organize and operate a council for the provision of pollution response technology, which consists of relevant experts, to provide technical assistance and advice for the preservation of the marine environment and for scientific pollution response. |
| (5) | In order to facilitate cooperation and assistance for pollution response, the head of the headquarters may allow the chiefs of coast guard stations to require relevant public officials of the competent agencies, executive officers and employees of related organizations and companies, representatives of residents, etc. to compose and operate local pollution response committees. <Newly Inserted by Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (6) | The composition and operation of the pollution response headquarters, a council for the provision of pollution response technology, and a local pollution response committee, the allowance payment to their members, and other necessary matters shall be determined separately by the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 46 Deleted. <by Presidential Decree No. 23158, Sep. 22, 2011> |
| Article 47 (Criteria for Making Report in Event of Discharge of Pollutants, etc.) |
"Permissible emission level prescribed by Presidential Decree" in Article 63 (1) of the Act, with the exception of its subparagraphs, means the levels specified in attached Table 6.
| Article 48 (Measures for Pollution Response in Event of Discharge of Pollutants) |
| (1) | The measures for pollution response under Article 64 (1) of the Act are those listed in each of the following subparagraphs, which shall be the most effective measures available at the site after emergency measures have been taken to prevent the discharge of pollutants, prevent the spread of discharged pollutants and remove such pollutants: |
| 1. | Installation of fences to prevent the spread of pollutants and other measures necessary therefor; |
| 2. | Measures for preventing the discharge of pollutants, such as urgent repair of damaged parts of ships or facilities, and towing and salvaging hulls; |
| 3. | Measures for transhipping pollutants loaded on a ship or facility concerned to another ship or facility, or cargo hold; |
| 4. | Measures for recovering discharged pollutants; |
| 5. | Measures for removing pollutants originated from materials and chemicals used for marine pollution response; |
| 6. | Measures for preventing secondary pollution by recovered pollutants; |
| 7. | Measures for the safe disposal of collected pollutants, and substances the reuse of which is impossible, from among the materials and chemicals used for pollution response. |
| (2) | The Commissioner of the Korea Coast Guard may, if necessary for the measures for pollution response under paragraph (1), take the measures in each of the following subparagraphs directly or request support from relevant organs: <Amended by Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Control of ships travelling in polluted sea areas; |
| 2. | Measures to ensure safety of ships in polluted sea areas; |
| 3. | Provision, etc. of personnel, equipment, and facilities. |
| Article 49 (Order for Pollution Response Measures) |
| 1. | Duration of pollution response measures; |
| 2. | Designation of sea areas requiring pollution response measures; |
| 3. | Pollution response measures under Article 48 (1). |
| Article 50 (Scope of Cost-Bearing, etc.) |
| (1) | The scope of costs associated with pollution response to be borne by persons responsible for pollution response or by the owner of a ship or marine facility pursuant to the latter part of Article 64 (4) of the Act or the main sentence of Article 68 (4) of the Act is as specified in attached Table 7. <Amended by Presidential Decree No. 23158, Sep. 22, 2011> |
| (2) | When a pollution response organ intends to charge the costs under paragraph (1) to the owner of a ship or marine facility concerned pursuant to the main sentence of Article 68 (4) of the Act, it shall give notice to the persons responsible for pollution response, clearly specifying the basis for the calculation of such costs. <Amended by Presidential Decree No. 23158, Sep. 22, 2011> |
| Article 51 (Placement, etc. of Pollution Response Vessels, etc.) |
| (1) | The owner of a ship or a marine facility shall comply with attached Table 8 when placing or installing (including joint placement and installation; hereafter the same shall apply in this Article) pollution response vessels or pollution response equipment (hereinafter referred to as "pollution response vessels, etc") pursuant to Article 67 (1) and (2) of the Act. |
| (2) | Except as otherwise expressly provided for in paragraph (1), matters necessary for placement and installation shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Where the Korea Marine Environment Management Corporation (hereinafter referred to as "Corporation") entrusted with the placement of pollution response vessels, etc. pursuant to the latter part of Article 67 (4) of the Act takes measures for pollution response or measures for preventing discharge, the associated costs shall be borne by persons responsible for pollution response. |
| Article 52 (Measures for Pollution Response and Cost-Bearing of Administrative Organs, etc.) |
| (1) | Where a person responsible for pollution response discharges an unidentified pollutant, the Commissioner of the Korea Coast Guard, the head of a Si/Gun/Gu (referring to the head of a Gu that is a local government; hereinafter the same shall apply), or the head of an administrative agency managing the facilities under paragraph (4) (hereinafter referred to as "agency enforcing measures for pollution response") shall first take measures for pollution response against such pollutant. <Amended by Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | Any agency enforcing measures for pollution response shall first take measures for pollution response pursuant to paragraph (1), but in any of the following cases, may request the president of the Corporation to do so. In such cases, the president of the Corporation shall comply with such request, unless any extenuating circumstance exists: |
| 1. | Where the person responsible for pollution response under paragraph (1) discharges an unidentified pollutant; |
| 2. | Where it is deemed that pollution response measures taken by the person responsible, alone, are not enough to address the issue or emergency pollution response is deemed necessary pursuant to Article 68 (1) of the Act. |
| (3) | Where the Corporation has taken measures for pollution response pursuant to paragraph (2), the president of the Corporation may charge the expenses incurred therefor to the relevant agency enforcing measures for pollution response and the agency enforcing measures for pollution response shall reimburse the president of the Corporation for such expenses. |
| (4) | "Facilities prescribed by Presidential Decree" in Article 68 (2) 3 of the Act means the harbor facilities (excluding water facilities) under subparagraph 5 of Article 2 of the Harbor Act. <Amended by Presidential Decree No. 21882, Dec. 14, 2009; Presidential Decree No. 23158, Sep. 22, 2011> |
| Article 53 (Grounds for Exemption from Cost-Bearing) |
"Circumstances prescribed by Presidential Decree" in the proviso to Article 68 (4) of the Act means conditions resulting from a war, a calamity or other force majeure events. <Amended by Presidential Decree No. 23158, Sep. 22, 2011>
| Article 54 (Criteria and Procedures for Imposing Pollution Response Contributions) |
| (1) | The criteria and procedures for the imposition of pollution response contributions to be made to the Corporation by persons responsible for placement pursuant to Article 69 (3) of the Act are as stated in attached Table 9. |
| (2) | In any of the following cases, the Corporation may adjust or refund the pollution response contributions already imposed or paid: <Newly Inserted by Presidential Decree No. 22706, Mar. 9, 2011> |
| 1. | Where it is unnecessary to pay a pollution response contribution due to the change, etc. in a voyage plan by the owner of a ship or marine facility; |
| 2. | Where a pollution response contribution is imposed on a wrong person or wrong calculation method is used. |
| (3) | When adjusting or refunding a pollution response contribution under paragraph (2), the Corporation shall notify, in writing, such fact to a person liable to pay the pollution response contribution, stating the relevant amount, payment due date, place of payment, timing for refund or other necessary matters. <Newly Inserted by Presidential Decree No. 22706, Mar. 9, 2011> |
| (4) | A person who has received a payment notice of pollution response contribution (including the notice given under paragraph (3)) may file an application for adjustment with the Corporation within 90 days after receipt of the payment notice. In such cases, no application for adjustment shall have any effect on the payment due date of the pollution response contribution. <Newly Inserted by Presidential Decree No. 22706, Mar. 9, 2011; Presidential Decree No. 28332, Sep. 19, 2017> |
| (5) | If any application for adjustment is filed under paragraph (4), the Corporation shall notify the processing results in writing within 30 days thereafter; and if any difference exists between the amount already paid and the amount adjusted, the difference shall be reimposed or refunded. <Newly Inserted by Presidential Decree No. 22706, Mar. 9, 2011> |
| (6) | The amount of a pollution response contribution shall be re-calculated every three years. <Amended by Presidential Decree No. 22706, Mar. 9, 2011; Presidential Decree No. 25943, Dec. 30, 2014> |
| (7) | Other matters regarding the procedures for imposition and collection of pollution response contributions shall be prescribed by the articles of association of the Corporation under Article 98 (1) of the Act. <Amended by Presidential Decree No. 22706, Mar. 9, 2011> |
CHAPTER VI MARINE ENVIRONMENTAL MANAGEMENT BUSINESS, ETC.
| Article 55 (Registration of Marine Environmental Management Business) |
| (1) | Any person who intends to file for registration of ocean waste discharge business, ocean waste collection business or deposited pollutants collection business under Article 70 (1) 1, 4 and 5 of the Act shall submit a written application for registration (including applications in electronic documents) to the Minister of Oceans and Fisheries, accompanied by the documents listed in attached Table 10 (including electronic documents). In such cases, the Minister of Oceans and Fisheries shall verify the following documents using the administrative information shared under Article 36 (1) of the Electronic Government Act; and if the applicant disagrees to the verification of the documents referred to in subparagraph 2, the Minister of Oceans and Fisheries shall have the applicant submit such documents. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28169, Jun. 27, 2017> |
| 1. | Corporate registration certificate (limited to corporations); |
| 2. | National pension subscriber certificate or health insurance entitlement status certificate of the technical staff members engaging in the relevant project. |
| (2) | Any person who intends to file for registration of marine pollution response business or oil hold cleaning business under Article 70 (1) 2 and 3 of the Act (hereinafter referred to as "pollution response and cleaning business") shall submit a written application to the Commissioner of the Korea Coast Guard, accompanied by the documents listed in attached Table 10 (including electronic documents). In such cases, the latter part of paragraph (1) shall apply mutatis mutandis to the procedures for filing applications for registration of the pollution response and cleaning business. <Amended by Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard shall approve the registration applications under paragraphs (1) and (2), except in any of the following cases: <Newly Inserted by Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 2. | Failure to satisfy the skills standards for marine environment managers listed in attached Table 11; |
| 3. | Failure to be equipped with a ship, equipment and facilities, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 4. | Other cases in violation of the restrictions prescribed in the Act, this Decree or other statutes. |
| (4) | The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard shall issue a certificate of registration prescribed by Ordinance of the Ministry of Oceans and Fisheries to those who have filed for registration of marine environmental management business pursuant to paragraphs (1) and (2). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 56 (Technical Skills Standards for Marine Environmental Management Business) |
The technical skills standards to be met by a person who intends to conduct the marine environmental management business pursuant to Article 70 (2) of the Act are as listed in attached Table 11.
| Article 56-2 (Grounds for Assistance to Ocean Waste Discharge Business Entities) |
"Ground prescribed by Presidential Decree, such as prohibiting the discharge of land-based wastes into the sea" in Article 70-2 (1) of the Act means a case where it is impracticable to continue to operate the ocean waste discharge business due to prohibition against or reduction of the discharge of land-based wastes into the sea under Article 23 (1) of the Act. [This Article Newly Inserted by Presidential Decree No. 24207, Nov. 27, 2012]
| Article 57 (Delegation of Measurement of Wastes, etc.) |
Any person who intends to delegate disposal of wastes pursuant to Article 76 (3) of the Act may entrust a specialized inspection institution designated pursuant to Article 35 (1) with the duties concerning the measurement of the components and concentration of wastes, and a person engaged in the business of measurement and certification who has been registered pursuant to Article 6 (1) 3 of the Measures Act or an ocean waste discharge business entity who has been registered pursuant to Article 70 (1) 1 of the Act with the duties concerning the measurement of the weight and volume of wastes. <Amended by Presidential Decree No. 23159, Sep. 22, 2011>
CHAPTER VII MARINE POLLUTION IMPACT SURVEYS
| Article 58 (Marine Pollution Impact Surveys) |
| (1) | "Quantity prescribed by Presidential Decree" in Article 77 (1) of the Act means the quantity provided for in attached Table 12. |
| (2) | The criteria for designation of marine pollution impact survey institutions under Article 77 (2) of the Act (hereinafter referred to as "survey institution") are as stated in attached Table 13. |
| (3) | "Period set by Presidential Decree" in Article 77 (3) of the Act means three months from the occurrence of an incident, and "there is an urgent need for such survey, as prescribed by Presidential Decree” means any of the following cases: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Where a massive amount of pollutant is discharged, in excess of the scale prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 2. | Where a massive damage is likely to occur to mariculture facilities, etc. due to the dissemination of pollutants. |
| Article 59 (Detailed Items of Marine Pollution Impact Survey by Area) |
The detailed items of a marine pollution impact survey by field under Article 78 of the Act are as shown in attached Table 14.
| Article 60 (Costs for Marine Pollution Impact Surveys) |
| (1) | The Minister of Oceans and Fisheries may determine and publicly notify standard costs incurred in conducting surveys, considering sea areas, quantity of pollution generated, etc. pursuant to Article 80 of the Act. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 2. | Cases where the owner of a ship or installer of a marine facility goes bankrupt. |
| Article 60-2 (Expenses, etc. for Taking Measures for Risk-Reduction of Sunken Ships) |
| 1. | Expenses for salvaging and collecting all or part of the hull of a sunken ship; |
| 2. | Expenses for collecting and retrieving fuel oil; |
| 3. | Expenses for salvaging and collecting all or part of the cargoes on board a sunken ship (including cargoes which had been on board a sunken ship but dropped out of it). |
| (2) | Where it is impracticable to identify the owner of a sunken ship, the Minister of Oceans and Fisheries may, in accordance with the proviso to Article 83-2 (3) of the Act, cover the expenses incurred in taking measures under Article 83-2 (1) 3 of the Act by selling the sunken ship by public auction: Provided, That the same shall not apply where the value of the relevant sunken ship is expected to be smaller than the expenses incurred in the public auction. |
| (3) | Where the Minister of Oceans and Fisheries intends to sell a sunken ship by public auction under the main sentence of paragraph (2), the following information shall be announced on the bulletin board and web-site of the Ministry of Oceans and Fisheries for at least 14 days: |
| 1. | Name of the sunken ship put up for public auction and major data thereon; |
| 2. | Time and venue for public auction; |
| 3. | Amount of bid bond, if any. |
| (4) | If any balance remains after deducting the expenses incurred in taking the measures referred to in Article 83-2 (1) 3 and the expenses incurred in public auction from the amount acquired through the public auction conducted under the main sentence of paragraph (2), the Minister of Oceans and Fisheries shall deposit it in accordance with the Deposit Act. |
[This Article Newly Inserted by Presidential Decree No. 24627, Jun. 17, 2013]
CHAPTER VIII CONSULTATION ON UTILIZATION OF SEA AREAS
| Article 61 (Consultation on Utilization of Sea Areas) |
| (1) | Businesses subject to consultation on the utilization of sea areas under Article 84 (1) of the Act shall be classified into two categories: those which have a bigger influence on the marine environment, requiring a careful consideration and consultation (hereinafter referred to as "business subject to general consultation on utilization of sea areas"); and small-scale businesses, which have a minor influence on the marine environment (hereinafter referred to as "business subject to simplified consultation on utilization of sea areas"). |
| (2) | The scope of businesses subject to general consultation on utilization of sea areas and that of those subject to simplified consultation on utilization of sea areas under paragraph (1) are as shown in attached Table 15. |
| Article 63 (Sea Area Utilization Impact Assessment) |
| (1) | "Scale prescribed by Presidential Decree" in the main sentence of Article 85 (1) of the Act is as specified in attached Table 16. <Amended by Presidential Decree No. 21964, Dec. 31, 2009> |
| (2) | Businesses to be exempt from the sea area utilization impact assessment pursuant to the proviso to Article 85 (1) of the Act means those subject to the environmental impact assessment provided for in attached Table 3 of the Enforcement Decree of the Environmental Impact Assessment Act (hereinafter referred to as "business subject to environmental impact assessment"): Provided, That the same shall not apply to any of the following, which is conducted in the seas or seashores (excluding cases where the rivers defined in subparagraph 1 of Article 2 of the River Act are included) under Article 2 of the Public Waters Management and Reclamation Act: <Amended by Presidential Decree No. 21185, Dec. 24, 2008; Presidential Decree No. 22449, Oct. 14, 2010; Presidential Decree No. 23966, Jul. 20, 2012> |
| (4) | Deleted. <by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 64 (Method, etc. for Preparing Statements on Sea Area Utilization Impact Assessment, etc.) |
| (1) | A statement on sea area utilization impact assessment, etc. under Article 85 of the Act shall be prepared using scientific methods of survey, etc. to ensure its reliability in conformity with the Korean standard method of examination for the marine environment under Article 10 of the Act. |
| (2) | Any agent of sea area utilization impact assessment registered under Article 86 (1) of the Act (hereinafter referred to as "assessment agent") shall conscientiously prepare a statement on sea area utilization impact assessment in accordance with the terms and conditions of a subcontract and the principle of good faith. |
| (3) | Any assessment agent shall prepare the record of sea area utilization impact assessments conducted in the preceding year and report it to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 65 (Application, etc. for Registration of Assessment Agents) |
| (1) | Any person who intends to be registered as an assessment agent pursuant to Article 86 (1) of the Act shall submit a written application for registration (registration for modification) as a sea area utilization impact assessment agent to the Minister of Oceans and Fisheries, together with the following documents: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Deleted; <by Presidential Decree No. 22467, Nov. 2, 2010> |
| 2. | A specification of facilities and equipment: Provided, That where a contract has been entered into on the use of other person's facilities and equipment, a copy of such contract; |
| 3. | Each one of the documents verifying technical capabilities and the relevant qualifications (limited to cases where it is impractical to verify them with national technical qualification certificates). |
| (2) | Upon receipt of an application for registration under paragraph (1), the Minister of Oceans and Fisheries shall verify the following administrative information through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where an applicant does not consent to the verification under subparagraphs 2 and 3, the applicant shall submit the respective copies of the relevant documents: <Newly Inserted by Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | In the case of a corporation, a certified copy of a corporate registration certificate; |
| 2. | In the case of an individual, a business registration certificate; |
| 3. | A national technical qualification certificate. |
| (3) | The Minister of Oceans and Fisheries shall approve the registration under paragraph (1), except in any of the following cases: <Newly Inserted by Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| 2. | Failure to satisfy registration standards in terms of personnel, facilities and equipment, as prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 3. | Other cases in violation of the restrictions prescribed in the Act, this Decree, or other statutes. |
| Article 66 (Criteria for Calculating Costs for Conducting Assessment as Agent) |
The Minister of Oceans and Fisheries shall determine and publicly notify the criteria for calculating costs necessary for assessment agents registered under Article 65 to perform their duties. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
| Article 67 (Notification of Opinions, etc.) |
| (1) | Upon receipt of a request for consultation on sea area utilization, or for sea area utilization impact assessment pursuant to Article 91 (1) of the Act (hereinafter referred to as "consultations on utilization of sea areas, etc") from a license-granting agency, the Minister of Oceans and Fisheries shall inform the agency of his/her review opinions within a period prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, matters necessary for reviewing a sea area utilization form and a statement on sea area utilization impact assessment shall be prescribed by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries may conduct an on-site inspection before notifying his/her opinions pursuant to Article 91 (1) of the Act, if the business subject to consultations, etc. on utilization of relevant sea areas may have a significant impact on the marine environment and it is feared to cause a damage to the environment. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | “Agency in charge of impact review following the sea area utilization consultation, etc., which is prescribed by Presidential Decree" in the main sentence of Article 91 (2) of the Act means the National Fisheries Research and Development Institute; and “businesses prescribed by Presidential Decree” in the proviso to the same paragraph means those subject to consultation on utilization of small sea areas listed in subparagraph 2 of attached Table 15. <Amended by Presidential Decree No. 23158, Sep. 22, 2011> |
| (4) | In any of the following cases, the Minister of Oceans and Fisheries may request a license-granting agency to supplement documents regarding sea area utilization consultations, etc.: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Where the analysis of the impact on the marine environment is missing or considerably insufficient; |
| 2. | Where there is an omission or lack of significant matters so that it is impracticable to present opinions on sea area utilization consultations, etc. for the business in question without supplementation; |
| 3. | Where the environmental status survey, the forecast and analysis of impact, and the mitigation measures are not appropriate; |
| 4. | Where the opinions of interested persons, such as residents, are not reflected (limited to a statement on sea area utilization impact assessment). |
| (5) | The Minister of Oceans and Fisheries shall, in principle, make a request for supplementation under paragraph (4) only on one occasion: Provided, That the same shall not apply where it is deemed impossible to make a decision in response to the request for sea area utilization consultation, etc. without further supplementation. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 68 (Raising Objections) |
| (1) | Any person who intends to object to an opinion notified pursuant to the former part of Article 92 (1) of the Act shall file an objection with the Minister of Oceans and Fisheries, stating the following matters: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Details of and grounds for the objection; |
| 2. | Details of the intended changes to the notified opinion; |
| 3. | Analysis of the impact of the changes to the notified opinion. |
| (2) | Upon receipt of an objection filed under Article 92 (2) of the Act, the Minister of Oceans and Fisheries shall inform the person who has filed an objection of his/her review results, including the following matters: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Whether to agree to the details of the objection; |
| 2. | Results of analyzing the propriety of the details of and grounds for the objection; |
| 3. | Suggestion of additional measures for mitigating additional environmental pollution upon changes to the notified opinion. |
| Article 69 (Post-Management) |
| (1) | Any license-granting agency shall inform the Minister of Oceans and Fisheries of the results of post-management, as to whether the details of consultations are implemented, by January 31 of the following year pursuant to Article 93 (2) of the Act. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | Where a sea area utilization business entity or a business entity subject to assessment (hereinafter referred to as "sea area utilization business entity, etc.") fails to implement the details of consultations on utilization of sea areas, etc. and opinions on consultations on utilization of sea areas, etc., shall order such business entity to take measures necessary for the implementation thereof. |
| (3) | Where a sea area utilization business entity, etc. fails to comply with an order for taking measures under paragraph (2), any license-granting agency shall issue a second order for taking measures, and where the sea area utilization business entity, etc. fails to comply with even the second order by the relevant deadline, the agency shall order the sea area utilization business entity to suspend its business until the performance of the order for taking measures. |
| (4) | Where a license-granting agency takes or issues a measure or an order under paragraphs (2) and (3), it shall inform the Minister of Oceans and Fisheries of the details thereof without delay. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (5) | The Minister of Oceans and Fisheries and license-granting agencies may require sea area utilization business entities, etc. to submit materials on the implementation of the details of consultations in order to verify whether the details of consultation have been implemented under Article 93 (2) of the Act. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (1) | Where a sea area utilization business entity, etc. revises his/her business plan after obtaining a license, etc. for the business plan pursuant to Article 94 (1) of the Act, the relevant license-granting agency shall inform the Minister of Oceans and Fisheries of the details of such revision. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | “Cases prescribed by Presidential Decree” in the proviso to Article 94 (1) of the Act means any of the following: <Amended by Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Where the business is downsized; |
| 2. | Where the changed scale of business is eligible for consultations on utilization of small sea areas; |
| 3. | Cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, where the scale of business does not increase and the impact of the change on the marine environment is trivial. |
| Article 71 (Businesses Subject to Marine Environmental Impact Surveys, etc.) |
| (1) | The period and cycle of a marine environmental impact survey to be conducted by sea area utilization business entities, etc. under Article 95 (4) of the Act are detailed by business type in attached Table 17. |
| (2) | The following items shall be included in the marine environmental impact survey under Article 95 (4) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28332, Sep. 19, 2017> |
| 1. | Items for which the marine environmental standards are set; |
| 2. | Items for which the marine environmental standards are not set and which the Minister of Oceans and Fisheries suggests as at the time he/she gives notice of his/her opinion regarding statements on sea area utilization consultations or on sea area utilization impact assessment under Article 91 (1) of the Act. |
CHAPTER IX KOREA MARINE ENVIRONMENT MANAGEMENT CORPORATION
| Article 72 (Projects of Corporation) |
| 2. | International cooperation concerning marine pollution response; |
| 3. | Research and development, and technology outsourcing concerning marine pollution response; |
| 4. | Education, training and publicity on marine pollution response; |
| 5. | Management of submerged ships (including ships on the verge of submerging, and submerged ships). |
| (2) | "Projects prescribed by Presidential Decree" in Article 97 (1) 8 of the Act means any of the following: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 5. | Operation of ships for waste disposal; |
| 6. | Leasing its property to finance marine environment-related projects; |
| 7. | Management of neglected ships; |
| 8. | Projects that the Corporation is allowed to conduct under other statutes; |
| 9. | Projects approved by the Minister of Oceans and Fisheries necessary for the purpose of the establishment of the Corporation. |
| (3) | "Facilities prescribed by Presidential Decree" in Article 97 (2) of the Act means any of the following facilities: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28169, Jun. 27, 2017> |
| 2. | Facilities that prevent the inflow and spread of pollutants and facilities that collect and dispose of pollutants under Article 18 (1) of the Act; |
| 5. | Auxiliary facilities related to the disposal of wastes discharged or flowing into the sea; |
| 6. | Facilities necessary for the establishment of the Corporation, and the installation of which is approved by the Minister of Oceans and Fisheries. |
| Article 73 (Operation of Board of Directors, etc.) |
| (1) | Each of the following matters shall be determined by the resolution of the board of directors pursuant to Article 102 (5) of the Act: |
| 1. | Matters concerning business plans, budget and settlement of accounts of the Corporation; |
| 2. | Matters concerning amendment of the articles of association; |
| 5. | Matters concerning the enactment, amendment and repeal of rules prescribed by the articles of association; |
| 6. | Matters concerning the acquisition and management of important property and disposal thereof; |
| 7. | Matters concerning the dissolution and liquidation of the Corporation; |
| 8. | Matters concerning litigation and reconciliation. |
| (2) | Other matters necessary for the operation of the board of directors shall be prescribed by the articles of association. |
The Corporation shall submit a plan stating the following to the Minister of Oceans and Fisheries when it intends to make an investment or contribution pursuant to Article 104 (1) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> | 1. | Necessity of the investment or contribution; |
| 2. | The kind and value of the property for investment or contribution; |
| 3. | Outline of the business in which or to which investment or contribution is to be made; |
| 4. | Other matters necessary for investment or contribution. |
| Article 75 (Borrowing of Funds) |
Where the Corporation intends to obtain approval for borrowing funds pursuant to Article 104 (3) of the Act, it shall submit a written application therefor to the Minister of Oceans and Fisheries, including the following matters: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> | 1. | Grounds for borrowing funds and amount of funds to be borrowed; |
| 3. | Terms and conditions for borrowing funds; |
| 4. | Method and period of repayment of borrowed funds; |
| 5. | A copy of the minutes of the meeting of the board of directors in which the borrowing is determined. |
| Article 76 (Form of Bonds) |
Bonds issued by the Corporation pursuant to Article 106 (1) of the Act shall be unregistered: Provided, That they may be issued in registered form at the request of a subscriber or a bearer.
| Article 77 (Method for Issuing Bonds) |
| (1) | The Corporation shall issue its bonds by means of offering, firm commitment underwriting or sale. |
| (2) | In a case where bonds are issued by means of sale pursuant to paragraph (1), the period of sale as well as the matters specified in Article 78 (2) 1 through 6 shall be publicly announced in advance. |
| Article 78 (Subscription to Bonds, etc.) |
| (1) | Any person who intends to subscribe to the offering shall include the number of the bonds and the prices for underwriting them and the address of the underwriter in two copies of a bonds subscription form, and have them signed and sealed: Provided, That where the bonds are issued at the fixed lowest price, the subscription prices shall be included. |
| (2) | The following information shall be included in the bonds subscription form: |
| 1. | Name of the Corporation; |
| 2. | Total amount of bonds issued; |
| 3. | Par value of bonds by denomination; |
| 5. | Method and term of redemption and interest payment method; |
| 6. | Issuance price or minimum issuance price of bonds; |
| 7. | Where any unredeemed bond exists, the total amount thereof; |
| 8. | Where a company is entrusted with offering, its trade name and address. |
| Article 79 (Methods for Firm Commitment Underwriting) |
Article 78 shall not apply to underwriting of the total amount of bonds under a contract. Where a company entrusted with offering underwrites a portion of the bonds, the same shall also apply to the portion underwritten.
| Article 80 (Total Amount of Bonds Issued) |
Even in a case where the total amount of the bonds actually subscribed to falls short of the total amount of the bonds issued stated in the bonds subscription form, the Corporation may enter a statement in the bonds subscription form to the effect that it issues the bonds. In such cases, the total amount of the bonds subscribed shall be considered to be the total amount of the issued bonds.
| Article 81 (Payment of Prices for Underwriting Bonds, etc.) |
| (1) | The Corporation shall, immediately after subscription to bonds, have subscribers pay for all of the bonds they have underwritten. |
| (2) | Any company entrusted with offering may perform the act under paragraph (1) in its name, on behalf of the Corporation. |
| (3) | In the case of issuing bonds by means of offering, the bonds shall not be issued before the payment for the total amount of the issued bonds is made in full. |
| Article 82 (Matters to be Stated on Bonds) |
Bonds shall state each of the following matters and be signed and sealed by the president of the Corporation:
| 1. | Name of the Corporation; |
| 2. | Matters under Article 78 (2) 2 through 5 (in cases of issuing bonds by means of sale, matters under Article 78 (2) 2 shall be excluded); |
| (1) | The Corporation shall keep a bond ledger in its principal office and include the following information: |
| 1. | Number of bonds by denomination and serial number of each bond; |
| 3. | Matters referred to in Article 78 (2) 2 through 5 and 8. |
| (2) | In a case where a bond is in registered form, the following information shall be included, in addition to those specified in the subparagraphs of paragraph (1): |
| 1. | Name and address of the bond holder; |
| 2. | Date of acquisition of the bond. |
| (3) | The holder or bearer of a bond may demand perusal of a bond ledger at any time during the working hours of the Corporation. |
| Article 84 (Absence of Interest Coupons) |
| (1) | In redeeming a bond in unregistered form which is issued with interest coupons, if any interest coupon is absent, the amount equivalent thereto shall be deducted from the amount of redemption. |
| (2) | The bearer of such coupon in absence under paragraph (1) may claim the payment of the amount deducted in exchange for such interest coupon. |
| Article 85 (Notice, etc. to Bond Bearer, etc.) |
| (1) | The Corporation shall issue notice or peremptory notice to a subscriber to a bond or a person entitled to a bond before the issuance of the bond to the address as stated in the bonds subscription form. In such cases, if the Corporation is notified of a different address, it shall send them to such address. |
| (2) | The Corporation shall issue notice or peremptory notice to bearers of bonds in unregistered form by means of public announcement: Provided, That the same shall not apply to cases where the address of the bearers of such bonds is known. |
| (3) | The Corporation shall issue notice or peremptory notice to the bearers of bonds in registered form to the address as stated in the bond ledger. In such cases, if the Corporation is notified of a different address, it shall send it to such address. |
| Article 86 (Business Operating Plans and Budget) |
| (1) | The Corporation shall prepare a business operating plan and a budget bill for the following fiscal year by November 30 each year pursuant to Article 107 (2) of the Act and submit them to the Minister of Oceans and Fisheries for his/her approval. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | The budget bill referred to in paragraph (1) shall include the general rules of budget, estimated balance sheet and estimated statement of profits and losses and shall be accompanied by annexes needed to clarify the details thereof. |
| (3) | When the Corporation intends to modify its business operating plan or budget approved by the Minister of Oceans and Fisheries, it shall submit a document stating the modifications to be made and grounds therefor to the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 87 (Submission of Closing Statement) |
The closing statement for each fiscal year the Corporation submits to the Minister of Oceans and Fisheries pursuant to Article 107 (3) of the Act shall be accompanied by the following documents: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27165, May 10, 2016> | 1. | The balance sheet and statement of profits and losses for the relevant year; |
| 2. | A comparison chart of business plans and performance thereof for the relevant year; |
| 4. | Other documents needed to clarify the details of the closing statement. |
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 88 (Conclusion of Agreements) |
| (1) | Where the Korea Ship Safety Technology Authority or a ship-classifying corporation intends to conclude an agreement pursuant to Article 112 (1) and (2) of the Act, it shall file an application therefor with the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The term of the agreement under paragraph (1) shall be up to five years and may be extended, as prescribed by the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Matters to be included in the agreement under paragraph (1) are as shown in attached Table 18. |
| (4) | When the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard has concluded an agreement pursuant to paragraph (1), he/she shall publicly notify the details thereof immediately. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 89 (Entrance for Inspection, Reporting, etc.) |
| (1) | In any of the following cases, the Minister of Oceans and Fisheries may require a subordinate public official to enter a ship for inspection pursuant to Article 115 (1) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Where necessary for preventing pollution from ships; |
| 2. | Where entrance to ships, ship-related business places and offices is deemed necessary upon review of the materials submitted by an agency. |
| (2) | Entrance to ships for inspection under paragraph (1) 1 and reporting may be conducted once a year for each ship: Provided, That the same shall not apply to special cases, such as a ship accident. |
| (3) | In any of the following cases, the Minister of Oceans and Fisheries may require a subordinate public official to enter marine facilities, etc. for inspection pursuant to Article 115 (2) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 24443, Mar. 23, 2013> |
| 2. | Where a marine facility reported pursuant to Article 33 of the Act is deemed to have discharged persistent organic pollutants under Article 39 of the Act in an environment management sea area in excess of the applicable standards; |
| 3. | Where it is intended to verify whether or not a ship oil supplier has committed any illegality in the process of supplying fuel oil to a ship pursuant to Article 45 of the Act; |
| 4. | Where a person who has installed an oil vapor emission control unit pursuant to Article 47 (2) of the Act is suspected of emitting oil vapor; |
| 5. | Where materials submitted in connection with the business activities of ocean waste collection business entities and deposited pollutants collection business entities under Article 70 (1) 4 and 5 of the Act are deficient or incorrect. |
| (4) | In any of the following cases, the Commissioner of the Korea Coast Guard may have materials prescribed by Ordinance of the Ministry of Oceans and Fisheries submitted or reported or may enter the relevant facility for confirmation, verification, or inspection under Article 115 (3) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Where it is intended to verify whether or not a marine facility pollutant register under Article 34 of the Act is kept and the records thereof are maintained; |
| 2. | Where it is intended to verify whether or not a contingency plan for pollution from marine facilities under Article 35 of the Act has been implemented and is appropriate; |
| 3. | Where it is intended to verify the appointment of a marine pollution prevention manager, his/her completion of education and state of management under Article 36 of the Act; |
| 4. | Where it is intended to verify whether or not materials and chemicals are provided and pollution response vessels, etc. are placed or installed, under Articles 66 and 67 of the Act; |
| 6. | Where it is intended to verify whether or not persons entrusting waste disposal under Article 76 of the Act perform their duties. |
| (5) | "Where an emergency prescribed by Presidential Decree occurs" in Article 115 (4) of the Act means any of the following cases: <Amended by Presidential Decree No. 21964, Dec. 31, 2009> |
| 1. | Where marine pollution occurs on a ship; |
| 2. | Where marine pollution is likely to occur as a result of a ship accident; |
| 3. | Where it is intended to verify the cause of marine pollution, the cause of which is unknown. |
| Article 90 (Marine Environmental Guards) |
| (1) | The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard shall appoint any of the following subordinate public officials as a marine environmental guard pursuant to Article 116 (1) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 26473, Aug. 3, 2015; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | A person who is qualified as an engineer of marine engineering, engineer of marine resources development, engineer of marine environment, industrial engineer for ocean surveys, engineer of shipbuilding, engineer of the water pollution environmental industry, engineer of the air pollution environmental industry, engineer of the waste disposal industry, engineer of the chemical industry, or engineer of hazardous materials or higher certificate holders, or those qualified as a mate, engineer or navigator of third grade or higher; |
| 2. | A person who has at least one year's work experience in the business relevant to the marine environment; |
| (2) | The duties of marine environmental guards shall be as follows: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Marine environmental guards under the control of the Minister of Oceans and Fisheries: |
| (a) | Matters concerning entrance for inspection and reporting under Article 89 (1); |
| (b) | Surveillance of wastes flowing into or discharged into ocean; |
| (c) | Survey on water quality and sources of pollution in ocean; |
| (d) | Guidance and inspection of the facilities of ocean waste collection business entities, deposited pollutant collection business entities, persons entrusting waste disposal; |
| (e) | Survey on sources of pollution for the improvement of the marine environment in environment management sea areas; |
| (f) | Surveillance of discharge of pollutants from marine facilities, and guidance and check-up for the prevention of marine pollution (excluding duties related to marine facility pollutants register, contingency plans for pollution from marine facilities, and marine pollution prevention managers); |
| 2. | Marine environmental guards under the control of the Commissioner of the Korea Coast Guard: |
| (a) | Matters concerning entrance for inspection and reporting under Article 94 (2) 8; |
| (b) | Surveillance of discharge of pollutants from marine facilities and guidance and check-up for the prevention of marine pollution (limited to duties related to marine facility pollutants register, contingency plans for pollution from marine facilities, and marine pollution prevention managers); |
| (c) | Inspection and guidance of facilities operated by marine pollution response business entities, oil hold cleaning business entities; |
| (d) | Inspection of the placement and installation of pollution response vessels, etc. and provision of materials and chemicals in marine facilities; |
| (e) | Where it is deemed that pollutants are discharged or are suspected of being discharged, survey activities and collection, etc. of pollutant samples for identification and analysis. |
| Article 91 (National Treasury Subsidies, etc.) |
The State or a local government may provide a subsidy to private organizations for the businesses and activities in each of the following subparagraphs pursuant to Article 119 (3) of the Act: | 1. | Activities for marine pollution surveillance and purification of the marine environment; |
| 2. | Marine pollution response; |
| 3. | Marine environment-related research and development; |
| 4. | Surveys, research, publicity, and education on the marine environment. |
| Article 91-2 (Provision of Monetary Rewards for Reporting) |
| (1) | A person who intends to receive reward money for reporting under Article 119-2 (1) of the Act (hereinafter referred to as “monetary reward”) shall file an application therefor with the Minister of Oceans and Fisheries, the Commissioner of the Korea Coast Guard, a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereafter referred to as the “Minister of Oceans and Fisheries, etc.” in this Article), as prescribed by Ordinance of the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | Upon receipt of an application for a monetary reward under paragraph (1), the Minister of Oceans and Fisheries, etc. shall verify relevant facts, including an offender and the volume of emitted wastes, with related administrative agencies or investigative agencies, decide whether to grant one and the amount to be provided, and provide the monetary reward within 30 days from such decision. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | A monetary reward of up to three million won shall be provided in accordance with the standards provided for in attached Table 18-2. |
| (4) | Where at least two persons respectively have reported for a single case or accuse an offender of a single case, and have filed an application for a monetary reward, the Minister of Oceans and Fisheries, etc. shall provide the monetary reward to the first person who has made such report or accusation: Provided, That where at least two persons have jointly reported for a single case or accuse an offender of a single case, have and filed an application for a monetary reward after reaching a prior agreement on the apportionment of the monetary reward, the Minister of Oceans and Fisheries, etc. shall provide such monetary reward in accordance with the agreement. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 23158, Sep. 22, 2011]
| Article 92 (Education and Training for Marine Pollution Prevention Managers, etc.) |
| (1) | Any person who appoints marine pollution prevention managers under Article 32 or Article 36 of the Act, and any person who employs technical staff members who engage in marine environment management business under Article 70 (2) of the Act, shall have such marine pollution prevention managers and technical staff members engaging in marine environment management business receive any of the following education and training needed to perform their respective duties: <Presidential Decree No. 28169, Jun. 27, 2017> |
| 1. | Ship-induced marine pollution prevention managers' courses; |
| 2. | Marine facility-induced marine pollution prevention managers' courses; |
| 3. | Marine pollution prevention and response courses for marine environment management business. |
| (2) | Deleted. <by Presidential Decree No. 28169, Jun. 27, 2017> |
| (3) | Matters concerning the recognition, etc. of education and training courses similar to those provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 93 (Fee Exemption) |
In a case where the payer of a pollution response contribution under Article 69 (1) of the Act has entrusted the placement and installation of pollution response vessels, etc. to the Corporation pursuant to Article 67 (2) of the Act, the Corporation may exempt such payer from the relevant fees when collecting fees for the placement and installation of pollution response vessels, etc. pursuant to Article 122 (2) of the Act.
| Article 94 (Delegation of Authority) |
| (1) | Deleted. <by Presidential Decree No. 25758, Nov. 19, 2014> |
| (2) | Pursuant to Article 123 (1) of the Act, the Minister of Oceans and Fisheries shall entrust the following matters to the chief of a relevant coast guard station: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 25985, Jan. 6, 2015; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | through 7. Deleted; <by Presidential Decree No. 25758, Nov. 19, 2014> |
| 8. | Orders for entrance for inspection of, and reports on the ships falling under each of the following under Article 115 (1) of the Act: |
| (a) | Ships of the Republic of Korea, which serve domestic routes; |
| (b) | Ships of the Republic of Korea, which serve international routes and for which the administrator of a regional office of oceans and fisheries has not performed an on-site inspection pursuant to Article 94 (4) 19; |
| 10. | Deleted. <by Presidential Decree No. 25758, Nov. 19, 2014> |
| (3) | Deleted. <by Presidential Decree No. 23158, Sep. 22, 2011> |
| (4) | The Minister of Oceans and Fisheries shall delegate the authority for the following matters to the administrators of regional offices of oceans and fisheries under Article 123 (1) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 24207, Nov. 27, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 24517, Apr. 22, 2013; Presidential Decree No. 25639, Sep. 24, 2014; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 25860, Dec. 16, 2014; Presidential Decree No. 25985, Jan. 6, 2015; Presidential Decree No. 27748, Dec. 30, 2016; Presidential Decree No. 28169, Jun. 27, 2017> |
| 1-5. | Placing an inspection seal on an operation plan to transfer oil cargos between oil tankers on the sea (hereinafter referred as to “ship-to-ship”) under Article 32-2 (1) of the Act; |
| 2-3. | Placing an inspection seal on a management plan which includes matters necessary to minimize the emission of volatile organic compounds in loading or unloading cargos on or from oil tankers, or at sea; |
| 8-3. | Orders given to the marine environment management business entities for appropriate disposal of pollutants under Article 73 of the Act; |
| 9. | Receipt of reports on the succession to rights and duties of ocean waste discharge business entities and ocean waste collection business entities and deposited pollutant collection business entities under Article 74 (3) of the Act; |
| 10. | Cancellation of registration of ocean waste discharge business, ocean waste collection business and deposited pollutants collection business and order for suspension of business under Article 75 (1) of the Act; |
| 11. | Consultations on utilization of sea areas under Article 84 (1) of the Act (excluding cases where a disposal organ is the head of a central administrative organ); |
| 12. | Sea area utilization impact assessments under Article 85 (1) of the Act (excluding cases where a disposal organ is the head of a central administrative organ); |
| 15-2. | Exemption from type approval for the facilities subject to type approval which have been manufactured, produced or imported for testing, research or development purposes under the proviso to Article 110 (3) of the Act; |
| 18. | Cancellation of type approval for facilities subject to type approval and suspension of business under Article 110 (9) of the Act; |
| 19. | Entrance for inspection of ships (excluding ships of the Republic of Korea, which serve domestic routes) and reports under Article 115 (1) of the Act; |
| 21. | Orders for stopping, search and seizure of ships and prohibition against ships from entry into and departure from ports, etc. under Article 117 of the Act; |
| 22. | Hearings for the cancellation of registration of ocean waste discharge business, ocean waste collection business and deposited pollutant collection business under subparagraph 2 of Article 120 of the Act; |
| 23. | Hearings for cancellation of registration of assessment agents under subparagraph 4 of Article 120 of the Act; |
| 24. | Hearings for cancellation of type approval for facilities subject to type approval and suspension of business under subparagraph 5 of Article 120 of the Act; |
| 25. | Imposition and collection of administrative fines under Article 133 of the Act (excluding the cases falling under paragraph (6) 4). |
| (5) | The Commissioner of the Korea Coast Guard shall delegate the authority for the following matters to the chief of a coast guard station pursuant to Article 123 (1) of the Act: <Amended by Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 3. | Orders to prohibit ships from entering into and departing from ports or to suspend use of facilities under Article 67 (3) of the Act; |
| 7. | Receipt of statements on disposal results with respect to the removal, cleaning and collection of pollutants under Article 72 (1) of the Act; |
| 8. | Receipt of reports on the succession to rights and duties of marine pollution response business entities and oil hold cleaning business entities under Article 74 (3) of the Act; |
| 9. | Cancellation of registration of marine pollution response business and oil hold cleaning business, and orders to suspend business under Article 75 (1) of the Act; |
| 14. | Orders to stop, search and seize ships and prohibition against ships from entering into and departing from ports, etc. under Article 117 of the Act; |
| 15. | Hearings for the cancellation of registration of marine pollution response business and oil hold cleaning business under subparagraph 2 of Article 120 of the Act; |
| (6) | The Minister of Oceans and Fisheries shall delegate the authority for the following matters to the Mayor/Do Governor, and the Mayor/Do Governor may re-delegate part of the authority to the head of a Si/Gun/Gu after obtaining approval therefor from the Minister of Oceans and Fisheries: <Newly Inserted by Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25639, Sep. 24, 2014; Presidential Decree No. 28169, Jun. 27, 2017; Presidential Decree No. 28332, Sep. 19, 2017> |
| Article 95 (Entrustment of Business) |
| (1) | The Minister of Oceans and Fisheries shall entrust the following businesses to the president of the Corporation pursuant to Article 123 (3) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 24517, Apr. 22, 2013; Presidential Decree No. 27748, Dec. 30, 2016; Presidential Decree No. 28169, Jun. 27, 2017> |
| 1. | Organization of marine environmental measuring networks and regular measurement of the marine environment under Article 9 (1) of the Act; |
| 2. | Construction of marine environmental information networks, provision of marine environmental information and making a request for the submission of related materials under Article 11 of the Act; |
| 6-2. | Measurement and examination of the status, extent, etc. of pollution by persistent organic pollutants under the former part of Article 39 (1) of the Act; |
| (2) | Mayors/Do Governors, from among sea area management authorities, shall conclude an entrustment contract when entrusting their duties pursuant to Article 123 (3) of the Act. |
| (3) | The following matters shall be stated in the entrustment contract concluded under paragraph (1) or (2): |
| 1. | Scope of projects subject to entrustment; |
| 2. | Matters concerning the management of projects subject to entrustment; |
| 3. | Term of an entrustment contract (including matters concerning the revision of the term of a contract, renewal and termination thereof); |
| 4. | Matters concerning the payment of compensation for entrustment; |
| 5. | Matters concerning the management and supervision of the entrusted duties; |
| 6. | Matters concerning re-entrustment of some of the entrusted duties. |
| Article 96 (Submission of Materials) |
The chiefs of coast guard stations, administrators of regional offices of oceans and fisheries or Mayors/Do Governors shall, after performing the duties delegated or entrusted pursuant to Article 123 (1) of the Act, submit materials thereon to the Minister of Oceans and Fisheries or to the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21964, Dec. 31, 2009; Presidential Decree No. 23158, Sep. 22, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25758, Nov. 19, 2014; Presidential Decree No. 25985, Jan. 6, 2015; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 96-2 (Processing of Unique Identifying Information) |
Where unavoidable in conducting the tasks described in the following subparagraphs, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard (including those to whom the authority of the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard is delegated or entrusted pursuant to Article 123 (1) or (2) of the Act) may process data containing resident identification numbers, passport numbers, or foreigner registration numbers set forth in subparagraph 1, 2, or 4 of the Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> | 1. | Confirming grounds for disqualification regarding registration of marine environmental management business under Article 71 of the Act; |
| 2. | Confirming grounds for disqualification regarding designation of a marine pollution impact survey institution under Article 81 of the Act; |
| 3. | Confirming grounds for disqualification regarding registration as an assessment agent under Article 87 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 25943, Dec. 30, 2014]
| Article 96-3 (Review of Regulations) |
The Minister of Oceans and Fisheries shall review validity of the following matters every three years from the following base dates (meaning until the day preceeding the base date in every third year from the base year) and shall take necessary measures including making improvements:
| 1. | Criteria and procedures for the imposition of pollution response contributions pursuant to Article 54: January 1, 2015; |
| 2. | Scope of businesses subject to the general and simplified consultation on utilization of sea areas pursuant to Article 61 and attached Table 15: January 1, 2014. |
[This Article Wholly Amended by Presidential Decree No. 25943, Dec. 30, 2014]
CHAPTER XI PENALTY PROVISIONS
"Pollutants prescribed by Presidential Decree" referred to in Article 132 (2) 1 of the Act means such wastes as excreta and wastewater, oil, and noxious liquids which exceed the treatment standards prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
| Article 98 (Imposition of Administrative Fines) |
Standards for imposing administrative fines under Article 132 of the Act shall be as listed in attached Table 19. [This Article Wholly Amended by Presidential Decree No. 23158, Sep. 22, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 20, 2008: Provided, That the provisions of the proviso to Article 42 (1) 1 shall enter into force on January 1, 2012 and the provisions of subparagraph 3 in the column of business subject to the use and exploitation of marine resources of attached Table 16, shall enter into force on February 4, 2008.
Article 2 (Repeal of Other Statutes)
Article 3 (Transitional Measures concerning Education and Training of Marine Pollution Prevention Managers, etc.)
| (2) | The Korea Marine Environment Management Corporation shall, notwithstanding the provisions of Article 92 (2), operate education and training courses for marine pollution prevention managers, etc. from January 1, 2011. |
Article 4 Omitted.
Article 5 (Relations with Other Statutes)
In cases where other statutes cite the provisions of the Enforcement Decree of the Prevention of Marine Pollution Act at the time when this Decree enters into force, if provisions corresponding thereto exist in this Decree, they shall be deemed to have cited this Decree or the corresponding provisions of this Decree in lieu of the former provisions.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
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. 21185, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21622, Jul. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21882, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 21964, Dec. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22706, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Adjustment and Refund of Pollution Response Charges)
The amended provisions of Article 54 shall apply, beginning with the first pollution response charges imposed or paid after the enforcement of this Decree.
ADDENDA <Presidential Decree No. 23158, Sep. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 42 (1) shall enter into force on January 1, 2012.
Article 2 (Applicability to Exemption of Environmental Improvement Charges)
The amended provisions of Article 25-2 (4) shall apply to the cases where wastes emitted outside sea areas and territorial waters under Article 3 (1) 1 and 2 fail to flow into the same sea areas and territorial waters, after the enforcement of this Decree.
Article 3 (Applicability to Rewards for Reports)
The amended provisions of Article 91-2 shall apply, beginning with the first reports and accusations of violations of the Act after the enforcement of this Decree.
Article 4 (Applicability to Agreement on Use of Sea Areas)
The amended provisions of attached Tables 15 and 16 shall apply, beginning with the first case of filing an application for a license, permission or designation under each subparagraph of Article 84 (1) and each subparagraph of Article 85 (1) of the Act with the relevant disposal organ, after the enforcement of this Decree.
Article 5 (Transitional Measures concerning Administrative Fines)
When administrative fines are imposed on violations committed before this Decree enters into force, the former provisions shall apply.
ADDENDA <Presidential Decree No. 23297, Nov. 16, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23964, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24207, Nov. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2012.
Article 2 (Applicability to Surcharges)
The amended provisions of the main sentence of Article 32 (1) shall begin to apply from the charges in arrears imposed on the discharge of wasters or pollutants into the sea on or after January 1, 2013.
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.
ADDENDUM <Presidential Decree No. 24517, Apr. 22, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24627, Jun. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 19, 2013.
Article 2 (Applicability to Taking Measures for Risk-Reduction for Sunken Ships)
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25639, Sep. 24, 2014>
This Decree shall enter into force on September 25, 2014.
ADDENDA <Presidential Decree No. 25758, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Delegation of Authority)
| (1) | Public notices, administrative dispositions, and other actions taken by the Commissioner of the Korea Coast Guard pursuant to former Article 94 (1) 1, and applications filed with and other actions taken against the Commissioner of the Korea Coast Guard, before this Decree enters into force, shall be construed respectively as actions taken by and actions taken against the Minister of Oceans and Fisheries. |
| (2) | Public notices, administrative dispositions, and other actions taken by the Commissioner of the Korea Coast Guard pursuant to former Article 94 (2) 1 through 7, and 10, and applications, reports filed with, and other actions taken against the Commissioner of the Korea Coast Guard, before this Decree enters into force, shall be construed respectively as actions taken by and actions taken against the administrators of regional maritime affairs and port offices. |
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25860, Dec. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the day of its promulgation.
Article 2 (Applicability relating to Consultation on Utilization of Sea Areas)
The amended provisions of attached Table 15 shall also apply to cases where the disposition agency, before the enforcement of this Act, submits a sea area utilization consultation form to the Minister of Oceans and Fisheries pursuant to Article 84 (3) of the Act.
ADDENDUM <Presidential Decree No. 25943, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26220, Apr. 29, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26473, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2015.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 27165, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 7 Omitted.
Articles 9 through 15 Omitted.
ADDENDUM <Presidential Decree No. 27748, Dec. 30, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27792, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27965, Mar. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date the Minamata Convention takes its effect in the Republic of Korea. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 28169, Jun. 27, 2017>
This Decree shall enter into force on June 28, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28332, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2017.
Article 2 (Applicability to Application for Adjustment of Pollution Response Contributions)
The amended provisions of Article 54 (4) shall begin to apply to the first case where a payment notice for pollution response contribution (including a notice issued under paragraph (3) of the same Article) is received after this Decree enters into force.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018. (Proviso Omitted.)
Articles 2 through 8 Omitted.