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ENFORCEMENT DECREE OF THE ACT ON THE MANAGEMENT OF ZOOS AND AQUARIUMS

Presidential Decree No. 28075, May 29, 2017

Amended by Presidential Decree No. 29350, Dec. 11, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Management of Zoos and Aquariums and those necessary for implementing said Act.
 Article 2 (Scope of Zoos and Aquariums)
(1) "Facility prescribed by Presidential Decree“ in subparagraph 1 of Article 2 of the Act on the Management of Zoos and Aquariums (hereinafter referred to as the “Act“) means:
1. A facility for housing and exhibiting at least ten species or at least 50 individual either wild animals defined in subparagraph 1 of Article 2 of the Wildlife Protection and Management Act or livestock defined in subparagraph 1 of Article 2 of the Livestock Industry Act: Provided, That excluded therefrom shall be any facility housing only the livestock defined in subparagraph 1 of Article 2 of the Livestock Industry Act and a facility for the pet wholesale and retail trade under the Korean Standard Industrial Classification publicly announced by the Commissioner of the Statistic Korea in accordance with the Statistics Act;
2. A facility prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries for housing and exhibiting wild animals requiring protection and management, such as endangered wildlife defined in subparagraph 2 of Article 2 of the Wildlife Protection and Management Act, other than facilities referred to in the main sentence of subparagraph 1.
(2) "Facility prescribed by Presidential Decree” in subparagraph 2 of Article 2 of the Act means a facility for housing and exhibiting marine organisms or limnobios in a water tank with a total capacity of at least 300 cubic meters or with a total floor area of at least 200 square meters: Provided, That excluded therefrom shall be facilities for the pet wholesale and retail trade under the Korean Standard Industrial Classification publicly announced by the Commissioner of the Statistic Korea in accordance with the Statistics Act.
 Article 2-2 (Formulation, etc. of Comprehensive Plans for Managing Zoos and Aquariums)
(1) Where the Minister of Environment and the Minister of Maritime Affairs and Fisheries formulate a comprehensive plan for managing zoos and aquariums prescribed in Article 2-2 (1) of the Act, they shall include the following matters in the comprehensive plan:
1. Objectives of policies and general direction for the management of zoos and aquariums;
2. Policy tasks and promotion plans for the preservation, research, education and public relations of biodiversity in zoos and aquariums;
3. Measures to secure the welfare and appropriate habitat environment of animals in zoos and aquariums;
4. Measures to secure public safety and health in zoos and aquariums;
5. Measures to foster and support professional personnel for the operation of zoos and aquariums;
6. Matters to establish cooperative networks and to conduct international exchange for the preservation of species in zoos and aquariums;
7. Matters to provide administrative, financial and technical assistances necessary for the operation of zoos and aquariums;
8. Other matters necessary for the appropriate management of zoos and aquariums.
(2) Special Metropolitan City Mayors, Metropolitan City Mayors, Do Governors, Special Self-Governing Province Governors and Special Self-Governing City Mayors (hereinafter referred to as "Mayor/Do Governor") shall, when formulating a plan for the management of the zoos and aquariums in the areas under their jurisdiction pursuant to Article 2-2 (2) of the Act, include the matters in paragraph (1) 3 through 6 in the plan.
[This Article Newly Inserted by Presidential Decree No. 29350, Dec. 11, 2018]
 Article 3 (Requirements for Registration, etc.)
(1) "Requirements prescribed by Presidential Decree” in the proviso to Article 3 (1) of the Act means the requirements referred to in attached Table 1.
(2) A person who intends to register a zoo or aquarium under Article 3 (1) of the Act, shall file an application for registration with the Mayor/Do Governor, as prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 29350, Dec. 11, 2018>
(3) A person who intends to report any change in the registration of a zoo or aquarium under Article 3 (3) of the Act, shall file an application for registration of change with the Mayor/Do Governor by not later than 14 days after such change occurs, as prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries.
 Article 3-2 (Matters to be Advised by Committee on Management of Animals in Zoos and Aquariums)
"Matters prescribed by Presidential Decree" in Article 4-2 (1) 2 of the Act means the following matters:
1. Matters concerning the preservation of biodiversity in zoos and aquariums;
2. Matters concerning the improvement of welfare and habitat environment of animals in zoos and aquariums;
3. Matters concerning the improvement of statutes and systems concerning the management of animals in zoos and aquariums;
4. Other matters necessary for the management of animals in zoos and aquariums.
[This Article Newly Inserted by Presidential Decree No. 29350, Dec. 11, 2018]
 Article 3-3 (Organization of Committee on Management of Animals in Zoos and Aquariums)
(1) The Committee on the Management of Animals in Zoos and Aquariums prescribed in Article 4-2 (1) of the Act (hereinafter referred to as the "Committee") shall be comprised of not more than 20 members including chairpersons.
(2) The Vice-Minister of Environment and the Vice-Minister of Maritime Affairs and Fisheries shall serve as the Chairpersons of the Committee, and they shall represent the Committee jointly.
(3) The Minister of Environment and the Minister of Maritime Affairs and Fisheries shall appoint or commission the members of the Committee from among the following persons by consulting with each other. In such cases, the Committee shall have not more than nine members for each relevant area of zoo and aquarium in consideration of gender equality:
1. A public official nominated by the Minister of Environment from among public officials of grade IV or higher who belong to the Ministry of Environment and conduct duties concerning zoos or public officials equivalent thereto;
2. A public official nominated by the Minister of Maritime Affairs and Fisheries from among public officials of grade IV or higher who belong to the Ministry of Maritime Affairs and Fisheries and conduct duties concerning aquariums or public officials equivalent thereto;
3. A person who has engaged in the preservation of biodiversity and welfare and breeding of animals in zoos or aquariums for at least ten years and has abundant knowledge and experience relevant thereto;
4. A veterinarian prescribed by the Veterinarians Act or an aquatic organism disease inspector prescribed by the Aquatic Life Disease Control Act who has abundant knowledge and experience in the protection, health and disease control of animals in zoos and aquariums;
5. A person who has abundant knowledge and experience in the preservation of biodiversity and management of animals in zoos and aquariums and is recommended by civil organizations prescribed in subparagraph 1 or 2 of Article 5 of the Enforcement Decree of the Animal Protection Act.
(4) The term of office of members who fall under paragraph (3) 3 through 5 shall be two years.
(5) Where a member falls into any of the following cases, the Minister of Environment and the Minister of Maritime Affairs and Fisheries may dismiss the relevant member:
1. Where a member becomes unable to conduct his/her duties due to mental or physical disorders;
2. Where a member commits a misdeed in connection with his/her duties;
3. Where a member is deemed unsuitable for office due to neglecting duties, injury to dignity, and other grounds;
4. Where a member himself/herself expresses that he/she has difficulties in conducting his/her duties.
[This Article Newly Inserted by Presidential Decree No. 29350, Dec. 11, 2018]
 Article 3-4 (Operation of Committee)
(1) The two Chairpersons prescribed in Article 3-3 (2) (hereinafter referred to as "Joint Chairperson") shall convene meetings of the Committee jointly and preside over the meetings by turns.
(2) Where the Joint Chairpersons intend to convene a meeting, they shall determine the date and time, place and agenda item of the meeting and notify each member thereof not later than seven days before the date on which the meeting is held.
(3) A majority of registered members of the Committee shall constitute a quorum at all its meetings and resolutions shall be passed by the approval of a majority of members present.
(4) The Committee may, if necessary to conduct its duties, request the heads of the relevant central administrative agencies, research institutes, organizations, etc. to submit materials or opinions, and have relevant persons or experts attend to listen to their opinions.
(5) Allowances and travel expenses may be paid to the members, experts, etc. who attend the meetings of the Committee within budgetary limits: Provided, That the same shall not apply where a member who is a public official or a relevant public official attends in direct connection with his/her business.
(6) The Committee shall have two secretaries to handle the administrative affairs of the Committee, and the Joint Chairpersons shall nominate each one from among public officials of grade IV or higher belonging to the Ministry of Environment and the Ministry of Maritime Affairs and Fisheries.
(7) Except as otherwise expressly provided for in paragraphs (1) through (6) the Joint Chairpersons shall determine matters necessary for the operation of the Committee, subject to resolution by the Committee.
[This Article Newly Inserted by Presidential Decree No. 29350, Dec. 11, 2018]
 Article 3-5 (Zoo Subcommittee and Aquarium Subcommittee)
(1) The Committee shall have a Zoo Subcommittee and an Aquarium Subcommittee to efficiently conduct the business of the Committee.
(2) Each Subcommittee shall be comprised of members relevant to the area of its interest among the members prescribed in Article 3-3 (3), and the Vice-Minister of Environment shall hold a concurrent office, becoming the Chairperson of the Zoo Subcommittee and the Vice-Minister of Maritime Affairs and Fisheries shall hold a concurrent office, becoming the Chairperson of the Aquarium Subcommittee.
(3) Each Subcommittee shall have one secretary to handle the administrative affairs of the Subcommittee, and the secretary belonging to the Ministry of Environment and the secretary belonging to the Ministry of Maritime Affairs and Fisheries among the secretaries of the Committee prescribed in Article 3-4 (6) shall hold a concurrent office, becoming the secretary of the Zoo Subcommittee and the secretary of the Aquarium Subcommittee, respectively.
(4) Article 3-4 (2) through (5) shall apply mutatis mutandis to the operation of the Subcommittees. In such cases, "Joint Chairperson," "Committee," and "member" shall be construed as "Chairperson of the Subcommittee," "Subcommittee," and "member of the Subcommittee," respectively.
[This Article Newly Inserted by Presidential Decree No. 29350, Dec. 11, 2018]
 Article 4 (Public Opening and Temporary or Permanent Closure of Zoos and Aquariums)
(1) "Number of days determined by Presidential Decree” in Article 5 (1) of the Act means 30 days. In such cases, daily opening hours shall exceed four hours.
(2) Where a zoo or aquarium is closed for at least six consecutive months due to any cause, the person operating such zoo or aquarium shall report such closure to the relevant Mayor/Do Governor by not later than 14 days before the planned date of temporary closure pursuant to Article 5 (2) of the Act.
(3) Where a zoo or aquarium is closed for at least six consecutive months without reporting under paragraph (2), the person operating such zoo or aquarium shall, pursuant to Article 5 (2) of the Act, submit a report to the Mayor/Do Governor within 14 days from the date on which six months have passed after suspending opening to the public.
(4) A person who intends to report the matters described in paragraph (2) or (3), shall submit a written report on temporary closure to the Mayor/Do, as prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries.
(5) Where a zoo or aquarium is permanently closed, the former operator shall submit a written report on permanent closure to the Mayor/Do by no later than 30 days before the scheduled date of permanent closure pursuant to Article 5 (3), as prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries.
(6) The Mayor/Do Governor in receipt of a written report on permanent closure under paragraph (5), shall verify whether the person intending to permanently close the relevant zoo or aquarium has properly taken measures pursuant to the plan for managing animal collections of the zoo or aquarium referred to in Article 3 (1) 8 of the Act.
 Article 5 (Submission of Materials)
(1) Pursuant to Article 10 (1) of the Act, a person operating a zoo or aquarium shall submit to the Mayor/Do the records on operating and managing the zoo or aquarium referred to in Article 9 of the Act and the number of annual opening days thereof by the end of February each year.
(2) Where a person provides documents substantiating he/she cannot submit records by the deadline referred to in paragraph (1) with just cause, the Mayor/Do Governor may extend the period for submission by up to 30 days.
(3) Where a Mayor/Do Governor requests supplementary materials from a person operating a zoo or aquarium pursuant to Article 10 (2) of the Act, the Mayor/Do Governor shall give written notice specifying such supplementary materials.
 Article 6 (Standards for Imposing Administrative Fines)
Standards for imposing administrative fines provided for in Article 18 of the Act, shall be as specified in attached Table 2.
ADDENDUM
This Decree shall enter into force on May 30, 2017.
ADDENDUM <Presidential Decree No. 29350, Dec. 11, 2018>
This Decree shall enter into force on December 13, 2018.