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SMALL RIVER MAINTENANCE ACT

Act No. 4873, Jan. 5, 1995

Amended by Act No. 5453, Dec. 13, 1997

Act No. 6000, Aug. 31, 1999

Act No. 6563, Dec. 31, 2001

Act No. 6656, Feb. 4, 2002

Act No. 6841, Dec. 30, 2002

Act No. 7058, Dec. 31, 2003

Act No. 7186, Mar. 11, 2004

Act No. 7678, Aug. 4, 2005

Act No. 7905, Mar. 24, 2006

Act No. 8014, Sep. 27, 2006

Act No. 8370, Apr. 11, 2007

Act No. 8352, Apr. 11, 2007

Act No. 8351, Apr. 11, 2007

Act No. 8819, Dec. 27, 2007

Act No. 8820, Dec. 27, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8976, Mar. 21, 2008

Act No. 9200, Dec. 26, 2008

Act No. 9313, Dec. 31, 2008

Act No. 9758, jun. 9, 2009

Act No. 10223, Mar. 31, 2010

Act No. 10272, Apr. 15, 2010

Act No. 10331, May 31, 2010

Act No. 10752, May 30, 2011

Act No. 11405, Mar. 21, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12248, Jan. 14, 2014

Act No. 12844, Nov. 19, 2014

Act No. 13063, Jan. 20, 2015

Act No. 13919, Jan. 27, 2016

Act No. 14839, Jul. 26, 2017

Act No. 16772, Dec. 10, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the prevention of disasters and improvement of the living environment by providing for matters necessary for the maintenance, utilization, management, and conservation of small rivers.
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended by Act No. 13919, Jan. 27, 2016>
1. The term “small river” means a river, the name and the course of which is designated and publicly notified pursuant to Article 3, to which the River Act neither applies nor applies mutatis mutandis;
2. The term “small river area” means any area designated and publicly notified pursuant to Article 3-3;
3. The term “small river facility” means any of the following facilities installed to utilize and manage small rivers:
(a) A facility to stabilize waterways, such as embankments or bank protections;
(b) A facility to prevent flooding by a small river, such as dammed pool for irrigation; floodgates; drainage pump stations (limited to those which need to be managed together with the small river because the floodgates, etc. of drainage pump stations are installed on embankments); reservoirs; or detention basins;
(c) Other facilities prescribed by Presidential Decree;
4. The term “maintenance of a small river, etc.” means any work for building, rebuilding, dredging, or repairing in any of the following areas or facilities:
(a) A small river;
(b) A small river area;
(c) A small river facility;
(d) An area designated and publicly notified pursuant to Article 4 as a planned small river area (hereinafter referred to as "planned small river area").
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 3 (Designation of Small Rivers and Managing Authorities)
(1) A Special Self-Governing City Mayor, or the head of a Si (including the head of an administrative Si under Article 11 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Gun or Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall designate small rivers (including small river facilities; hereafter in this Article the same shall apply), or change or revoke such designation. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(2) Where a Special Self-Governing City Mayor, or the head of a Si/Gun/Gu intends to designate a small river, or change or revoke such designation pursuant to paragraph (1), he or she shall consult with a related Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and submit the results of the consultation for deliberation by the competent local small river management committee or the competent regional small river management committee provided for in Article 26 (1). <Newly Inserted by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(3) Where a Special Self-Governing City Mayor, or the head of a Si/Gun/Gu intends to designate a trans-boundary small river, or change or revoke such designation pursuant to Article 3-2 (1), he or she shall consult not only with a related Mayor/Do Governor pursuant to paragraph (2), but also with a related Special Self-Governing City Mayor, or the head of a related Si/Gun/Gu. <Newly Inserted by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(4) Where a Special Self-Governing City Mayor, or the head of a Si/Gun/Gu intends to designate a small river, or change or revoke such designation pursuant to paragraphs (1) through (3), he or she shall publicly notify the name and course of the small river, as prescribed by Ordinance of the Ministry of the Interior and Safety and make relevant documents available to the general public for perusal. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017; Act No. 16772, Dec. 10, 2019>
(5) Where a Mayor/Do Governor, or a Special Self-Governing City Mayor designates a small river designated and publicly notified pursuant to paragraphs (1) through (4) as a local river pursuant to Article 7 of the River Act, the designation of such small river shall become void. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(6) Except as otherwise provided in this Act or other statutes, the Special Self-Governing City Mayor, or the head of the Si/Gun/Gu (hereinafter referred to as "managing authority") who designated a small river shall take charge of the maintenance, conservation and management of the small river. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 3-2 (Management of Trans-Boundary Small Rivers)
(1) Related managing authorities shall separately determine the method of managing a small river, small river area, small river facility or planned small river area (hereinafter referred to as "small river, etc.") located on the borders of Special Self-Governing Cities, Sis (including administrative Sis under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Guns or autonomous Gus (hereinafter referred to as "trans-boundary small river") in consultation with one another. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(2) Where the related managing authorities fail to reach agreement under paragraph (1), the related Mayor/Do Governor may determine the management method and notify the related managing authorities of such method. <Amended by Act No. 13919, Jan. 27, 2016>
(3) Where the related managing authorities have reached agreement pursuant to paragraph (1), they shall publicly notify the agreed matters; and where they have been notified by the related Mayor/Do Governor pursuant to paragraph (2), they shall publicly notify the notified matters. The same shall also apply where they revise such matters.
(4) The related managing authorities shall notify the relevant Mayor/Do Governor of the matters publicly notified under paragraph (3).
[This Article Newly Inserted by Act No. 11405, Mar. 21, 2012]
 Article 3-3 (Determination of Small River Areas)
(1) Where a managing authority publicly notifies the designation of a small river (including small river facilities), or the change or revocation of such designation pursuant to Article 3 (4), it shall determine any of the following areas as a small river area, or change or revoke such determination:
1. The area of land which retains the shape and functions of a small river;
2. The area of land where small river facilities are installed;
3. Where an embankment exists, the area of land on the side where water flows from the embankment.
(2) Where a managing authority intends to determine a small river area, or change or revoke such determination pursuant to paragraph (1), it shall consult with any other related managing authority, and submit the results of the consultation for deliberation by the related local small river management committee or the related regional small river management committee provided for in Article 26 (1).
(3) Where a managing authority intends to determine a small river area, or change or revoke such determination pursuant to paragraph (1), it shall publicly notify the details of such determination, change, or revocation, as prescribed by Ordinance of the Ministry of the Interior and Safety; and make relevant documents available to the general public for perusal. <Amended by Act No. 14839, Jul. 26, 2017>
(4) Where a managing authority publicly notifies the determination of a small river area or the change or revocation of such determination pursuant to paragraph (3), it shall also publicly notify the topographic map of the small river area, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 13919, Jan. 27, 2016]
 Article 4 (Public Notice of Planned Small River Areas)
(1) Where land is to be newly included in a small river area in accordance with plans for maintaining small rivers, etc. provided for in Articles 6 through 8, or with plans for various construction works provided for in other statutes, a managing authority may designate such land as a planned small river area. <Amended by Act No. 13063, Jan. 20, 2015; Act No. 13919, Jan. 27, 2016>
(2) Where land designated as a planned small river area pursuant to paragraph (1) is revised or excluded from a planned small river area in accordance with a plan for maintaining a small river, etc. provided for in Articles 6 through 8 or with a plan for various construction works provided for in any other statutes, a managing authority may change or revoke the designation of the planned small river area. <Amended by Act No. 13919, Jan. 27, 2016>
(3) The provisions of Article 3-3 (2) through (4) shall apply mutatis mutandis to the consultation about, or public notice of, the designation of a planned small river area or the change or revocation of such designation. <Newly Inserted by Act No. 13919, Jan. 27, 2016>
(4) Where a project for a small river fails to commence within three years from the date a planned small river area is designated and publicly notified pursuant to paragraphs (1) and (2), the designation of the planned small river area shall become void. <Newly Inserted by Act No. 11405, Mar. 21, 2012; Act No. 13919, Jan. 27, 2016>
(5) Where the maintenance of a small river, etc. is completed on land designated and publicly notified as a planned small river area under paragraphs (1) and (2), a managing authority shall determine and publicly notify such land as a small river area pursuant to Article 3-3. <Newly Inserted by Act No. 11405, Mar. 21, 2012; Act No. 13919, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 4-2 (Succession to Rights or Obligations)
(1) Where a person, who has obtained permission for the maintenance of a small river, etc. under Article 10 or permission to occupy and use a small river, etc. under Article 14, transfers the rights and obligations arising from the permission; or where such person is deceased, or consolidates or merges with another corporation, if the transferee, heir, or the resulting or surviving corporation after the consolidation or merger intends to succeed to the rights and obligations arising from the previous permission, he or she shall report the fact to the managing authority within 30 days from the date of transfer, inheritance, consolidation or merger, as prescribed by Ordinance of the Ministry of the Interior and Safety.
(2) The managing authority shall notify the person filing a report under paragraph (1) of whether to accept the report within 20 days of the receipt of such report.
(3) Where the managing authority fails to notify the reporting person of whether to accept the report or of an extension of the processing period under statutes or regulations relating to processing civil petitions within the period prescribed in paragraph (2), the report shall be deemed accepted on the day immediately following the expiry of said period (referring to the relevant processing period if the processing period has been extended or re-extended under statutes or regulations relating to processing civil petitions).
(4) Where a report is accepted under paragraph (1) (including where a report is deemed to have been accepted under paragraph (3)), the transferee, heir, or the resulting or surviving corporation after the consolidation or merger shall succeed to the rights and obligations arising from the previous permission from the date of transfer, inheritance, consolidation, or merger.
[This Article Wholly Amended by Act No. 16772, Dec. 10, 2019]
 Article 4-3 (Standards for Structures, Facilities, and Maintenance of Small Rivers)
(1) Structures, facilities, maintenance, repair, and safety inspections of small rivers shall satisfy the standards prescribed by Ordinance of the Ministry of the Interior and Safety (hereafter referred to in this Article as "management standards for small rivers"). <Amended by Act No. 14839, Jul. 26, 2017>
(2) When the Minister of the Interior and Safety and Security determines or amends management standards for small rivers referred to in paragraph (1), he or she shall seek the opinions of a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor. <Amended by Act No. 14839, Jul. 26, 2017>
(3) When the Minister of the Interior and Safety and Security intends to determine management standards for small rivers referred to in paragraph (1), he or she shall endeavor to ensure safety, by minimizing damage to ecosystems caused by the maintenance of small rivers, etc., and taking into consideration the structures, water level, stream flow, geography, geology, etc. of small rivers. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 13919, Jan. 27, 2016]
 Article 4-4 (Design Standards for Small Rivers)
(1) The Minister of the Interior and Safety shall determine and publicly notify standards necessary for, among other things, investigating, planning, and designing the maintenance of small rivers, etc. to ensure the quality and safety of such maintenance and to improve relevant technologies.
(2) The Minister of the Interior and Safety may have persons designated by Presidential Decree prepare and disseminate books and the like regarding design standards stipulated in paragraph (1).
[This Article Newly Inserted by Act No. 16772, Dec. 10, 2019]
 Article 5 (Relationship to Other Statutes)
(1) Where an agency intends to create a right or impose other dispositions in a small river area pursuant to other statutes, the agency shall consult with a managing authority beforehand.
(2) Where the State or a local government intends to execute a project accompanying an act that must be permitted by a managing authority pursuant to this Act, it shall consult with the managing authority beforehand.
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
CHAPTER II MAINTENANCE OF SMALL RIVERS
 Article 6 (Formulation of Comprehensive Plans for Maintaining Small Rivers)
(1) Each managing authority shall formulate a comprehensive plan for maintaining small rivers, etc. (hereinafter referred to as "comprehensive plan") which will serve as guidelines for the maintenance of small rivers, etc. every 10 years, as prescribed by Ordinance of the Ministry of the Interior and Safety, and obtain approval (excluding cases where a Special Self-Governing City Mayor is the managing authority) for the comprehensive plan from the Mayor/Do Governor. <Amended by Act No. 11405, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13919, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017; Act No. 16772, Dec. 10, 2019>
(2) A comprehensive plan shall include the following: <Amended by Act No. 13919, Jan. 27, 2016>
1. Basic policies for the maintenance of small rivers, etc.;
2. Formation of a small river network for each water system;
3. Matters concerning disaster prevention, environmental improvement, and water quality conservation;
4. Matters concerning multipurpose use of small rivers, etc. and an increase in the income of residents;
5. Other matters prescribed by Presidential Decree.
(3) A managing authority shall examine the feasibility of a comprehensive plan every five years from the year the comprehensive plan is formulated and, where necessary, shall revise the comprehensive plan and obtain approval (excluding cases where a Special Self-Governing City Mayor is the managing authority) from the Mayor/Do Governor: Provided, That this shall not apply to any modification of insignificant matters prescribed by Presidential Decree. <Newly Inserted by Act No. 11405, Mar. 21, 2012; Act No. 16772, Dec. 10, 2019>
(4) Where a managing authority intends to formulate a comprehensive plan, it shall have a prior consultation with the head of a related administrative agency, such as the head of a regional environmental agency prescribed by Presidential Decree. <Amended by Act No. 13919, Jan. 27, 2016>
(5) Where the Mayor/Do Governor intends to approve a comprehensive plan or approve the modification thereof under paragraph (1) or (3), or where a Special Self-Governing City Mayor, who is the managing authority, intends to establish or modify a comprehensive plan under paragraph (1) or (3), he or she shall examine the relevance, etc. of the comprehensive plan to a development plan for the relevant area formulated in accordance with other statutes; and then submit the results of such examination for deliberation by the competent regional small river management committee provided for in Article 26 (1). <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 7 (Formulation of Mid-Term Plans for Maintaining Small Rivers)
(1) Each managing authority shall formulate a mid-term plan for maintaining small rivers, etc. (hereinafter referred to as “mid-term plan”) every five years in accordance with a comprehensive plan, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) A mid-term plan shall include matters prescribed by Presidential Decree, such as matters concerning the annual maintenance of small rivers, etc. <Amended by Act No. 13919, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 8 (Formulation of Action Plans for Maintaining Small Rivers)
(1) Where a managing authority intends to maintain small rivers, etc. according to a mid-term plan, it shall formulate an action plan for maintaining small rivers, etc. (hereinafter referred to as “action plan”): Provided, That this shall not apply to the insignificant maintenance of a small river, etc. prescribed by Presidential Decree. <Amended by Act No. 13919, Jan. 27, 2016>
(2) Where a managing authority has formulated an action plan, it shall publicly announce such plan, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Where a managing authority intends to formulate an action plan, it shall have a prior consultation with the head of a related administrative agency, such as the head of a regional environmental agency. <Amended by Act No. 13919, Jan. 27, 2016>
(4) Paragraphs (1) and (2) shall apply mutatis mutandis to any revision to an action plan.
(5) Where the maintenance of a small river, etc. is completed in accordance with an action plan, a managing authority shall publicly notify the details of such maintenance, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13919, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 8-2 (Performance of Work by Proxy)
(1) A managing authority may have an agent for disaster prevention and management defined in subparagraph 14 of Article 2 of the Countermeasures against Natural Disasters Act (hereinafter referred to as “proxy”) perform his or her affairs requiring expertise, such as basic and feasibility studies and analysis, and preliminary and working designs, from among his or her duties related to formulating comprehensive plans, mid-term plans, and action plans.
(2) Procedures and methods for selecting a proxy and other necessary matters shall be prescribed by Presidential Decree.
(3) Where a managing authority have a proxy perform work on his or her behalf, Articles 38 (2), 38-2, 39 through 41, 41-2, and 42 through 44 of the Countermeasures against Natural Disasters Act shall apply mutatis mutandis to the criteria for assessing costs incurred in performing the proxy work, grounds for disqualification for registering as a proxy, matters to be observed by a proxy, suspension or closure of business, fact-finding inspections, de-registration of a proxy, hearings, continued work by a de-registered proxy or a proxy suspended from doing business, and the like.
[This Article Newly Inserted by Act No. 16772, Dec. 10, 2019]
 Article 9 (Register of Small Rivers)
(1) Where a managing authority has designated a small river pursuant to Article 3, it shall prepare a register of small rivers. The same shall also apply where the managing authority has publicly notified a planned small river area pursuant to Article 4.
(2) Matters necessary for the preparation, management, etc. of a register of small rivers shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 10 (Maintenance of Small Rivers by Person other than Managing Authority)
(1) A person, other than a managing authority (excluding the State or a local government), may maintain small rivers, etc. upon obtaining permission from the managing authority: Provided, That in cases of insignificant maintenance of a small river, etc. prescribed by Presidential Decree, he or she does not need to obtain permission. <Amended by Act No. 13919, Jan. 27, 2016>
(2) Where a managing authority intends to grant permission under paragraph (1), it shall examine the following matters:
1. Whether the relevant project interferes with a comprehensive plan, mid-term plan, or action plan;
2. Where a person who has obtained permission (hereinafter referred to as "right holder") under Article 14 sustains a loss, whether the right holder has consented to the implementation of the relevant project;
3. Whether the cost and period for maintaining a small river, etc. are reasonable;
4. Whether an artificial structure to be installed in a small river meets related design standards.
(3) A managing authority shall notify whether to grant permission or reasons for delay in granting permission within 20 days from the date of receiving an application for permission for the maintenance of a small river, etc. under paragraph (1). In such cases, if the managing authority fails to notify whether to grant permission or reasons for delay in granting permission within said period, the permission shall be deemed granted on the day immediately following the expiry of said period. <Newly Inserted by Act No. 16772, Dec. 10, 2019>
(4) Where a managing authority notifies reasons for delay in granting permission under paragraph (3), the permission processing period under paragraph (3) may be extended by up to 10 days. <Newly Inserted by Act No. 16772, Dec. 10, 2019>
(5) Where a managing authority grants permission for the maintenance of a small river, etc. pursuant to paragraph (1), he or she shall publicly notify the granting of such permission, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(6) Any person who maintains a small river, etc. pursuant to paragraph (1) shall without delay undergo a completion inspection by a managing authority after such maintenance is completed. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(7) Where a managing authority completes a completion inspection referred to in paragraph (6), it shall publicly notify the completion of such inspection, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(8) Where a managing authority deems it particularly necessary to grant permission under paragraph (1), it may require a person who has applied for permission to deposit all or part of the cost for maintaining a small river, etc. <Amended by No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(9) The scope of works for which the cost need to be deposited pursuant to paragraph (8), the criteria for money deposited, the timing of deposit, and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 10-2 (Authorization and Permission Deemed Granted under Other Statutes)
(1) When a managing authority publicly announce the formulation or revision of an action plan pursuant to Article 8 (2) or (4), or when a person, other than a managing authority, obtains permission for the maintenance of a small river, etc. pursuant to Article 10 (1) and (2), he or she or it shall be deemed to have obtained any of the following permission, authorization, licenses, or approval, decision; or designation to have filed a report; or to have undergone consultation, etc. (hereafter referred to in this Article as "authorization, permission, etc.") if the managing authority consults with the head of a related administrative agency pursuant to paragraph (3); or he or she or it shall be deemed to have publicly announced or publicly notified the relevant authorization, permission, etc. if the managing authority publicly announces an action plan pursuant to Article 8 (2) or (4) or publicly notifies the granting of permission for the maintenance of a small river, etc. pursuant to Article 10 (5): <Amended by Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 12248, Jan. 14, 2014; Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
1. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act; permission to engage in development activities under Article 56 of the same Act; designation of an implementer of an urban planning facility project under Article 86 of the same Act; or formulation and authorization of an implementation plan under Article 88 of the same Act;
2. Permission for, or consultation on, the diversion of farmland under Article 34 of the Farmland Act, reporting of the diversion of farmland under Article 35 of the same Act, and permission for temporary use of farmland under Article 36 of the same Act;
3. Permission for, reporting of, or consultation on the conversion of grassland under Article 23 of the Grassland Act;
4. Permission to change land shape or quality under Article 111 of the Agricultural and Fishing Villages Improvement Act;
5. Permission to convert mountainous districts under Article 14 of the Mountainous Districts Management Act and reporting of the conversion of mountainous districts under Article 15 of the same Act, permission for, or reporting of temporary use of mountainous districts under Article 15-2 of the same Act, and permission for, or reporting of felling standing timber, etc. under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;
6. Permission to engage in activities under Article 9 (2) 1 of the Forest Protection Act, or reporting of activities in a forest conservation zone (excluding a forest genetic resources protection zone) under subparagraph 2 of the same paragraph;
7. Permission for felling, etc. under Article 14 of the Erosion Control Work Act;
8. Authorization for private-use waterworks under Article 52 of the Water Supply and Waterworks Installation Act, and authorization for private-use industrial waterworks under Article 54 of the same Act;
9. Permission to execute public sewerage works under Article 16 of the Sewerage Act, and permission to occupy and use public sewerage under Article 24 of the same Act;
10. Permission for the development and utilization of groundwater under Article 7 of the Groundwater Act;
11. Permission to engage in activities in a park area under Article 23 of the Natural Parks Act;
12. Permission to rebury a grave under Article 27 of the Act on Funeral Services, Etc.;
13. Determination of a road zone under Article 25 of the Road Act, permission for a person, other than a road management authority, to conduct road works under Article 36 of the same Act, permission to occupy and use a road under Article 61 of the same Act, and consultation with or approval from a road management authority under Article 107 of the same Act;
14. Building permission for a private road under Article 4 of the Private Road Act;
15. Permission to extract aggregates under Article 22 of the Aggregate Extraction Act;
16. Permission to occupy and use, or use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval of an implementation plan for occupancy and use or use under Article 17 of the same Act, the formulation of a basic plan for reclamation under Article 22 of the same Act, a modification of a basic plan for reclamation under Article 27 of the same Act, reclamation license of public waters under Article 28 of the same Act, consultation about or approval for reclamation conducted by the State, etc. under Article 35 of the same Act, and approval of an implementation plan for reclamation of public waters under Article 38 of the same Act;
17. Deleted. <by Act No. 10272, Apr. 15, 2010>
(2) Where a person, other than a managing authority, intends to obtain authorization, permission, etc. deemed granted under paragraph (1), he or she shall submit the documents prescribed by relevant statutes when applying for permission for the maintenance of a small river, etc. under Article 10. <Newly Inserted by Act No. 13919, Jan. 27, 2016>
(3) Where a managing authority intends to formulate or revise an action plan pursuant to Article 8 or grants permission for the maintenance of a small river, etc. to a person, other than a managing authority, pursuant to Article 10, it shall have a prior consultation with the head of a related administrative agency if any matter referred to in the subparagraphs of paragraph (1) is included therein. <Amended by Act No. 13919, Jan. 27, 2016>
(4) In receipt of a request for consultation under paragraph (3), the head of a related administrative agency shall submit his or her opinions within 30 days from receiving such request. <Newly Inserted by Act No. 16772, Dec. 10, 2019>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 10-3 (Completion Inspection Deemed Conducted and Completion Authorization Deemed Granted, etc. for Maintaining Small River)
(1) In any of the following cases, a managing authority shall be deemed to have conducted a completion inspection or to have granted completion authorization, and to have publicly notified such inspection or authorization if it consults with the head of a related administrative agency pursuant to paragraph (3) with regard to the completion inspection, completion authorization, etc. which is a substitute for authorization, permission, etc. deemed granted under Article 10-2 (1): <Amended by Act No. 16772, Dec. 10, 2019>
1. Where a managing authority publicly notifies the completion of the maintenance of a small river, etc. pursuant to Article 8 (5);
2. Where a managing authority publicly notifies the conducting of a completion inspection pursuant to Article 10 (7).
(2) Where a completion inspection is deemed undergone or completion authorization is deemed obtained pursuant to paragraph (1), a person, other than a managing authority, shall submit the documents prescribed by relevant statutes when applying for a completion inspection under Article 10 (6). <Amended by Act No. 16772, Dec. 10, 2019>
(3) Where a managing authority completes the maintenance of a small river, etc. pursuant to Article 8 (5), or conducts a completion inspection pursuant to Article 10 (6), it shall have a prior consultation with the head of a related administrative agency if the maintenance or inspection is involved in a completion inspection or completion authorization which is a substitute for authorization, permission, etc. deemed granted under Article 10-2 (1). <Amended by Act No. 16772, Dec. 10, 2019>
[This Newly Inserted by Act No. 13919, Jan. 27, 2016]
 Article 11 (Hearing Opinions of Residents)
A managing authority shall, in advance, hear opinions of related experts and residents of the relevant area on matters prescribed by Presidential Decree concerning the designation of a small river (including small river facilities) pursuant to Article 3 and the maintenance, etc. of a small river, etc. <Amended by Act No. 13919, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 12 (Expropriation of Land)
(1) If necessary for maintaining a small river, etc. according to an action plan, a managing authority may expropriate or use the title of land, buildings, or fixtures on such land in an area where such action plan is implemented, or rights other than title of such land, buildings, or fixtures. <Amended by Act No. 13919, Jan. 27, 2016>
(2) Where an action plan is publicly announced pursuant to Article 8 (2), project approval and a public notice of such project approval under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be deemed granted and given, respectively; and an application for ruling may be filed during which the project is implemented according to the action plan, notwithstanding Articles 23 (1) and 28 (1) of the same Act. <Amended by Act No. 13919, Jan. 27, 2016>
(3) Except as otherwise provided in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to expropriation or use under paragraph (1).
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 13 (Subsidization)
The head of a related central administrative agency and a Mayor/Do Governor may provide a subsidy to a managing authority to cover part of the expenses incurred in maintaining, etc. a small river, etc. <Amended by Act No. 13919, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
CHAPTER III CONSERVATION OF SMALL RIVERS
 Article 14 (Occupancy and Use of Small Rivers)
(1) Any person who intends to engage in any of the following activities in a small river, etc. (excluding a planned small river area: hereafter the same shall apply in this Article) shall obtain permission from a managing authority, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That this shall not apply in any case prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13063, Jan. 20, 2015; Act No. 13919, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017>
1. Occupancy and use of flowing water;
2. Occupancy and use of land;
3. Occupancy and use, building, rebuilding, alteration, or removal of small river facilities;
4. Building, rebuilding, or alteration of other artificial structures;
5. Excavation in the ground, mounding or cutting the ground, or other alterations of the shape of land;
6. Collection of earth and stones, sands, gravels, bamboos, or other objects coming from a small river, etc.;
7. Other activities likely to disrupt the shape and functions of a small river, etc.
(2) Where a managing authority intends to grant permission under paragraph (1), it shall examine matters referred to in the subparagraphs of Article 10 (2).
(3) Where a managing authority grants permission under paragraph (1) on a small river, etc. flowing into a national river or local river under the River Act, it shall notify the competent river managing authority provided for in Article 8 of the River Act of the granting of such permission. In such cases, it shall also notify the Minister of Land, Infrastructure and Transport of the granting of permission for activities referred to in paragraph (1) 1. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13919, Jan. 27, 2016>
(4) Where a prior consultation with a managing authority is conducted pursuant to Article 5 (1) or (2), paragraph (1) shall not apply to the extent already consulted, and where permission for the maintenance of a small river, etc. is granted pursuant to Article 10, paragraph (1) shall not apply to the extent already permitted. <Amended by Act No. 13919, Jan. 27, 2016>
(5) Any person who has installed or has been occupying and using small river facilities or other artificial structures in a small river area as at the time the small river area is determined and publicly notified pursuant to Article 3-3 shall file a report with the competent managing authority within one year from the date such small river is determined and publicly notified, and the person who has filed a report shall be deemed to have obtained permission under paragraph (1), if such report is accepted (including cases where a report is deemed to be accepted). In such cases, Article 4-2 (2) and (3) shall apply mutatis mutandis to the acceptance of reports and the like. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(6) A managing authority shall notify an applicant for permission of whether it grants permission or a reason for delay in granting permission within 20 days after receipt of an application for permission under paragraph (1). In such cases, where the managing authority fails to notify the applicant of whether it grants permission or a reason for delay in granting permission within that period, it shall be deemed to have granted permission on the date immediately following the date that time limit has elapsed. <Amended by Act No. 10752, May 30, 2011>
(7) Where a managing authority notifies an applicant for permission of a reason for delay in granting permission pursuant to paragraph (6), the period for granting permission referred to in paragraph (6) may be extended by up to 10 days. <Amended by Act No. 10752, May 30, 2011>
(8) The validity period of permission under paragraph (1), detailed criteria for handling affairs under paragraphs (2) through (7), and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted by Act No. 16772, Dec. 10, 2019>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 15 (Restrictions on Permission)
Where a disaster is likely to occur or where a managing authority deems it particularly necessary for maintaining and preserving a small river, etc., the managing authority shall neither grant permission nor accept a report under Article 14 (1) or (5), and may restrict the installation of artificial structures in a planned small river area publicly notified under Article 4 (3). <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 16 (Obligations to Reinstate Small Rivers)
(1) Any person who has obtained permission to maintain a small river, etc. pursuant to Article 10 or permission to occupy and use, or use, a small river, etc. pursuant to Article 14, shall reinstate the small river, etc. when such permission becomes void or when he or she ceases to occupy and use, or use, the small river, etc.: Provided, That where reinstatement of a small river, etc. is unnecessary or impossible, or where there are other reasons prescribed by Presidential Decree, a managing authority may exempt the person who obtained permission from obligations to reinstate the small river, etc. either at his or her request or ex officio. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(2) Where obligations to reinstate a small river, etc. are waived pursuant to the proviso of paragraph (1), the relevant artificial structures or other objects shall gratuitously devolve on the relevant local government.
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 17 (Measures against Violators of Statutes or Regulations)
In any of the following cases, a managing authority may revoke permission to maintain a small river, etc. under Article 10 or permission to occupy and use, or use, a small river, etc. under Article 14; or issue an order to relocate or remove relevant artificial structures or other objects, or to take other necessary measures: Provided, That the permission shall be revoked in cases falling under subparagraph 1: <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
1. Where a person has obtained permission to maintain a small river, etc. under Article 10 or permission to occupy and use, or use, a small river, etc. under Article 14 by fraud or or other improper means;
2. Where a person has maintained a small river, etc. without obtaining permission, in violation of Article 10 (1);
3. Where a person has failed to undergo a completion inspection, in violation of Article 10 (6);
4. Where a person has occupied and used flowing water, etc. without obtaining permission, in violation of Article 14 (1);
5. Where a person has failed to report the occupancy and use of a small river, etc., in violation of Article 14 (5);
6. Where a person has violated restrictions on installation of artificial structures in a planned small river area under Article 15;
7. Where a person has failed to fulfill obligations to reinstate a small river, in violation of the main clause of Article 16 (1);
8. Where a person who shall obtain permission, authorization, or other disposition from a related administrative agency pursuant to other statutes or regulations has failed to obtain permission, authorization, or other disposition, or where such permission, authorization, or other disposition has been revoked or become void after a person obtained any of them, eliminating the need to obtain permission under this Act;
9. Where construction works related to permission, any other activities, or the whole or part of a project related thereto has been cancelled.
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 18 (Dispositions for Public Interest)
In any of the following cases, a managing authority may impose a disposition under Article 17 against a person who has obtained permission to maintain a small river, etc. under Article 10 or permission to occupy and use, or use, a small river, etc. under Article 14, or may order him or her to take necessary measures: <Amended by Act No. 13919, Jan. 27, 2016>
1. Where it is required for the maintenance of a small river, etc.;
2. Where it is required to eliminate or lessen damage to the public interest, such as the conservation of a small river and the prevention of disasters;
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 18-2 (Hearings)
Where a managing authority intends to revoke permission pursuant to Article 17 or 18, it shall hold hearings.
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 19 (Supervision over Managing Authority)
(1) A Mayor/Do Governor may direct and supervise a managing authority in relation to the maintenance and conservation of small rivers, etc. <Amended by Act No. 13919, Jan. 27, 2016>
(2) Where a Mayor/Do Governor deems it necessary for the conservation of small rivers and the prevention of disasters or the prevention or elimination of pollution, he or she may require a managing authority to revoke or change a disposition it has imposed or construction works projects it undertakes or to take other necessary measures.
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 20 (Invalidation of Permission)
Where a managing authority designates the deadline for commencing construction works or the deadline for completing constructions works when granting permission to maintain a small river, etc. under Article 10 or permission to occupy and use, or use, a small river, etc. under Article 14, such permission shall become void if a person who obtained such permission fails to commence or complete construction works by the designated date: Provided, That where the managing authority receives an application for the recovery of the effect within three months from the date the effect is lost, it may retroactively recover the effect thereof, if it deems that a person who obtained such permission could not meet the deadline for commencing construction works or the deadline for completing construction works due to a natural disaster, force majeure, or any other reasons not attributable to him or her. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 21 (Scope of Earnings and Expenses)
The scope of earnings from a small river, etc., expenses for the maintenance, etc., of a small river, etc., and criteria for the use of earnings shall be prescribed by Presidential Decree. <Amended by Act No. 13919, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 22 (Collection of Fees for Occupancy and Use)
(1) A managing authority may collect fees for the occupancy and use of flowing water and land, and extraction fees for products from a small river, etc., such as earth and stones, sand and gravels (hereinafter referred to as “fees for occupancy and use, etc.”) from a person who obtains permission to occupy and use, or use, the small river, etc. (excluding a planned small river area: hereafter the same shall apply in this Article) under Article 14: Provided, That this shall not apply where the right to property subject to occupancy and use, or use does not belong to the State or a local government. <Amended by Act No. 13919, Jan. 27, 2016>
(2) A managing authority may collect an amount of money equivalent to fees for occupancy and use, etc. as compensation from a person who has occupied and used, or used, a small river without obtaining permission, in violation of Article 14: Provided, That this shall not apply where the right to property subject to occupancy and use, or use does not belong to the State or a local government.
(3) A person who intends to obtain permission to maintain a small river, etc. under Article 10, or permission to occupy and use, or use, a small river, etc. under Article 14, shall pay fees. <Amended by Act No. 13919, Jan. 27, 2016>
(4) Where a managing authority grants permission to maintain a small river, etc. under Article 10, or permission to occupy and use, or use, a small river, etc. under Article 14 to a person who falls under any of the following cases, it may reduce or exempt fees for occupancy and use, etc. or other fees: <Amended by Act No. 13919, Jan. 27, 2016>
1. Where he or she undertakes a public project; a project for public interest; or a non-profit project for public interest;
2. Where he or she undertakes a project prescribed by Presidential Decree, which is a public works project having significant influence on the national economy;
3. Where it is impossible for him or her to achieve the original purpose of occupancy and use in extenuating circumstances, such as a natural disaster.
(5) Fees for occupancy and use, etc., compensation, and other fees referred to in paragraphs (1) through (3) shall be the revenue of the relevant local government, and the amount thereof, methods of collection, and the percentage of the reduction or exemption of fees for occupancy and use, etc., and other fees under paragraph (4) shall be prescribed by ordinance of the relevant local government.
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 22 (Collection of Fees for Occupancy and Use)
(1) A managing authority may collect fees for the occupancy and use of flowing water and land, and extraction fees for products from a small river, etc., such as earth and stones, sand and gravels (hereinafter referred to as “fees for occupancy and use, etc.”) from a person who obtains permission to occupy and use, or use, the small river, etc. (excluding a planned small river area: hereafter the same shall apply in this Article) under Article 14: Provided, That this shall not apply where the right to property subject to occupancy and use, or use does not belong to the State or a local government. <Amended by Act No. 13919, Jan. 27, 2016>
(2) A managing authority may collect an amount of money equivalent to fees for occupancy and use, etc. as compensation from a person who has occupied and used, or used, a small river without obtaining permission, in violation of Article 14: Provided, That this shall not apply where the right to property subject to occupancy and use, or use does not belong to the State or a local government.
(3) A person who intends to obtain permission to maintain a small river, etc. under Article 10, or permission to occupy and use, or use, a small river, etc. under Article 14, shall pay fees. <Amended by Act No. 13919, Jan. 27, 2016>
(4) Where a managing authority grants permission to maintain a small river, etc. under Article 10, or permission to occupy and use, or use, a small river, etc. under Article 14 to a person who falls under any of the following cases, it may reduce or exempt fees for occupancy, etc. or other fees. In such cases, the ratio for reducing or exempting fees for occupancy and use, etc. shall be prescribed by Presidential Decree; and the ratio for reducing or exempting other fees shall be prescribed by ordinance of the relevant local government: <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
1. Where he or she undertakes a public project; a project for public interest; or a non-profit project for public interest, as prescribed by Presidential Decree;
2. Where he or she undertakes a project prescribed by Presidential Decree, which is a public works project having significant influence on the national economy;
3. Where it is impossible for him or her to achieve the original purpose of occupancy and use in extenuating circumstances, such as a natural disaster.
(5) Fees for occupancy and use, etc., compensation and other fees referred to in paragraphs (1) through (3) shall be the revenue of the relevant local government, and the amount thereof, methods of collection, and the like shall be prescribed by ordinance of the relevant local government. <Amended by Act No. 16772, Dec. 10, 2019>
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
[Enforcement Date: Dec. 11, 2020] The latter part, with the exception of the subparagraphs, of Article 22 (4), Article 22 (4) 1, and Article 22 (5)
 Article 23 (Compulsory Collection of Fees for Occupancy and Use)
Where a person fails to pay fees for occupancy and use, etc. under Article 22 (1) or compensation under paragraph (2) of the same Article, a managing authority shall collect such fees and compensation in the same manner as delinquent local taxes are collected.
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 23-2 (Entry onto Another Person’s Land)
(1) A managing authority may enter another person's land if necessary for such purposes as maintaining, investigating, surveying, or managing a small river, etc.; or may temporarily use another person's land as a materials yard, passage, or a temporary road as long as such land is not being used for special purposes; and if inevitable, may change or remove bamboo trees, earth and stones, or other obstacles thereon.
(2) A person who intends to enter another person's land under paragraph (1) shall notify the owner, occupant, or manager of the land of the time and place of entry at least three days before the intended entry date: Provided, That where giving advance notice is impracticable, he or she may use the notification methods prescribed by Presidential Decree.
(3) A person, who intends to temporarily use another person's land as a materials yard, passage, or a temporary road or to change or remove bamboo trees, earth and stones, or other obstacles, shall obtain consent in advance from the owner, occupant, or manager: Provided, That he or she shall obtain consent from the competent managing authority where the address or residence of the owner, occupant, or manager is unknowable or where it is impossible to obtain consent from such person.
(4) No one shall enter another person's residential premises or land enclosed with walls or fences before sunrise or after sunset without the consent of its occupant.
(5) No owner, occupant, or manager shall refuse or interfere with an entry onto or temporary use of land or change or removal of bamboo trees, earth and stones, or other obstacles under paragraph (1) without good cause.
(6) Any person who intends to enter another person's land under paragraph (1) shall carry with him or her a certificate indicating his or her authority, and present it to related persons.
(7) Matters necessary regarding certificates under paragraph (6) shall be prescribed by Ordinance of the Ministry of the Interior and Safety.
[This Article Newly Inserted by Act No. 16772, Dec. 10, 2019]
 Article 24 (Compensation for Losses Due to Public Burdens)
(1) Where any person has suffered a loss due to the maintenance of a small river, etc. according to an action plan; a disposition or order of a managing authority issued under Article 18; or a disposition or order of the related Mayor/Do Governor issued under Article 19 (2), or any act done by a managing authority under Article 23-2 (1), the managing authority shall compensate for such loss. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(2) Where a managing authority intends to compensate for a loss pursuant to paragraph (1), it shall make arrangements with a person who has suffered such loss.
(3) Where a managing authority fails to arrive at an arrangement or cannot make arrangements under paragraph (2), it may apply for a ruling to the competent land tribunal, as prescribed by Presidential Decree.
(4) Except as provided in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply to compensation for losses under paragraphs (1) through (3).
(5) Where a loss referred to in paragraph (1) is incurred due to a reason referred to in subparagraph 3 of Article 18, a managing authority may require a person who executes the project to fully or partially compensate for the loss.
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 24-2 (Management of Abandoned River Channel)
(1) Where a river channel is excluded from a small river area (only applicable to a State-owned or public river channel; hereinafter referred to as "abandoned river channel, etc.") because the course of a small river is changed due to the maintenance of a small river, etc., flood or other natural phenomena, a managing authority shall publicly notify the abandoned river channel, etc. within three years from the date when the river channel is excluded from the small river area, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13919, Jan. 27, 2017; Act No. 14839, Jul. 26, 2017>
(2) Any abandoned river channel, etc. referred to in paragraph (1) shall be used first for flood control, irrigation, water-friendly use, and the conservation of a small river environment, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 16772, Dec. 10, 2019>
[This Article Newly Inserted by Act No. 11405, Mar. 21, 2012]
 Article 25 (Exchange or Transfer of Abandoned River Channel with Compensation)
Where any abandoned river channel, etc. meets all of the following requirements, a managing authority may exchange such abandoned river channel, etc. with another person's land that newly becomes a small river area or another person's land already included in a small river area, or transfer such abandoned river channel, etc. to the original owner of land before it was included in the small river, etc. or a person, other than the managing authority, that maintained the small river, etc. pursuant to Article 10 (1) with compensation according to the priority and standards prescribed by Presidential Decree: <Amended by Act No. 13919, Jan. 27, 2016>
1. It shall not be needed to be used for flood control, irrigation, water-friendly use, and the conservation of a small river environment;
2. It shall not be needed to remain as State-owned property or public property.
[This Article Wholly Amended by Act No. 11405, Mar. 21, 2012]
 Article 26 (Establishment of Small River Management Committees)
(1) There shall be established a regional small river management committee under the jurisdiction of a Mayor/Do Governor and a local small river management committee under the jurisdiction of a managing authority to deliberate on any project for maintaining a small river, etc. and the conservation, management, etc. of a small river, etc.: Provided, That under the jurisdiction of a Special-Self Governing City Mayor, a regional small river management committee shall be established, which shall also deliberate on matters subject to deliberation by a local small river management committee. <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
(2) A regional small river management committee shall deliberate on the following: <Amended by Act No. 13919, Jan. 27, 2016>
1. Matters concerning approval of a comprehensive plan;
2. Matters concerning the selection of small rivers, etc. subject to maintenance works projects;
3. Matters concerning the methods of managing trans-boundary small rivers;
4. Matters concerning the implementation and the results of inspection of small river maintenance projects;
5. Other matters prescribed by Presidential Decree for the management of small rivers.
(3) A local small river management committee shall deliberate on the following: <Amended by Act No. 13919, Jan. 27, 2016>
1. Matters concerning a comprehensive plan and a mid-term plan;
2. Matters concerning the issuance of permission to maintain a small river, etc. to a person, other than a managing authority; and the completion thereof;
3. Matters concerning the designation of a small river (including small river facilities), and the change and revocation of such designation;
4. Matters concerning the exchange or transfer of an abandoned river channel, etc. with compensation;
5. Other matters prescribed by Presidential Decree for the management of small rivers, etc.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the organization and operation of a regional small river management committee and a local small river management committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11405, Mar. 21, 2012]
 Article 26-2 (Inspection of Actual Status of Management of Small Rivers)
(1) Each managing authority shall conduct inspections on the status of management of small river facilities and the status of occupancy and use, etc. of small rivers and take measures necessary for the maintenance and repair of small river facilities or correction of offences, and notify the Minister of the Interior and Safety of the results of measures taken. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The details and methods of inspections and other matters necessary for notification of the results of measures taken for inspected matters, etc. under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11405, Mar. 21, 2012]
 Article 26-3 (Promotion of Research and Development Programs for Mitigation of Disasters in Small Rivers)
(1) The Minister of the Interior and Safety, each Mayor/Do Governor, and each managing authority shall promote research and development programs and related projects in order to mitigate disasters occurring in small rivers, etc. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13919, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017>
(2) The Minister of the Interior and Safety, each Mayor/Do Governor, and each managing authority may provide necessary support in order to promote research and development programs and related projects. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Detailed matters necessary for support under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11405, Mar. 21, 2012]
 Article 26-4 (Establishment of Small River Information Systems)
(1) The Minister of the Interior and Safety shall establish and operate a small river information system to efficiently manage small rivers, etc. <Amended by Act No. 14839, Jul. 26, 2017>
(2) To establish a small river information system pursuant to paragraph (1), the Minister of the Interior and Safety may request the submission of necessary data from the heads of central administrative agencies, the heads of local governments, and the heads of public institutions referred to in Article 4 of the Act on the Management of Public Institutions (hereafter referred to as in this Article as "heads of the related agencies"). In such cases, the heads of the related agencies in receipt of a request for the submission of data, shall comply with such request except in extenuating circumstances. <Amended by Act No. 14839, Jul. 26, 2017>
(3) The scope of information to be included in a small river information system referred to in paragraph (1), the operational procedures for such system, and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13919, Jan. 27, 2016]
CHAPTER V PENALTY PROVISIONS
 Article 27 (Penalty Provisions)
(1) Any person who works on another’s behalf without registering as a proxy under Article 38 (2) of the Countermeasures against Natural Disasters Act, which is applied mutatis mutandis in Article 8-2 (3), shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding 10 million won. <Newly Inserted by Act No. 16772, Dec. 10, 2019>
(2) Any of the following persons shall be punished by imprisonment with labor for not more than six months, or by a fine not exceeding five million won: <Amended by Act No. 13919, Jan. 27, 2016; Act No. 16772, Dec. 10, 2019>
1. A person who causes damage to the community or disrupts flowing water by relocating or destroying small river facilities without just cause;
2. A person who maintains a small river, etc. without permission, in violation of Article 10;
3. A person who occupies or uses flowing water without permission, in violation of Article 14;
4. A person who violates an order issued by a managing authority under Article 17 or 18.
[This Article Wholly Amended by Act No. 10223, Mar. 31, 2010]
 Article 28 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed by, the corporation or an individual commits an offence under Article 27 in connection with the business affairs of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
[This Article Wholly Amended by Act No. 9200, Dec. 26, 2008]
 Article 29 (Administrative Fines)
(1) Any person who enters another’s land without notice in violation of Article 23-2 (2) shall be subject to an administrative fine of up to three million won.
(2) Any person who refuses or interferes with an entry onto or temporary use of land or change or removal of bamboo trees, earth and stones, or other obstacles without good cause in violation of Article 23-2 (5) shall be subject to an administrative fine of up to one million won.
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the managing authority, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 16772, Dec. 10, 2019]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Administrative Dispositions) Where the person has already obtained permission, authorization, approval, etc., for the actions provided in each subparagraph of Article 14 (1) in accordance with other statutes or regulations as at the time this Act enters into force, he or she shall be regarded as having obtained permission for each of the acts in accordance with this Act.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 6000, Aug. 31, 1999>
(1) (Enforcement Date) This Act shall enter into force two months after the date of its promulgation.
(2) (Transitional Measures concerning Approval of Plans for Maintaining Small Rivers) The comprehensive plan for maintaining small rivers and the action plan for maintaining small rivers approved by the Minister of Government Administration and Home Affairs under the previous provisions as at the time this Act enters into force are regarded as approved by the Mayor/Do Governor under the amended provisions of Articles 6 (1) and 8 (1).
ADDENDUM <Act No. 6563, Dec. 31, 2001>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7058, Dec. 31, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2004.
Article 2 Omitted.
ADDENDA <Act No. 7186, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 7905, Mar. 24, 2006>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... among the Acts amended pursuant to Article 6 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 9200, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 10223, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Compensation for Loss)
(1) The amended provisions of Article 24 (2) through (4) shall begin to apply from compensation for loss for which arrangements are being made as at the time this Act enters into force.
(2) The previous provisions shall apply to compensation for loss for which a ruling is applied for pursuant to the previous Article 24 (3) as at the time this Act enters into force.
Article 3 (Transitional Measures concerning Compensation)
An unreasonable profit under the previous provisions as at the time this Act enters into force shall be deemed compensation under this Act.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10752, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 14 shall begin to apply from the first person who applies for permission for occupancy and use after this Act enters into force.
ADDENDA <Act No. 11405, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases concerning Formulation of Comprehensive Plans)
Notwithstanding the amended provisions of Article 6 (1), the first comprehensive plan after this Act enters into force shall be formulated beginning with the year following the year in which this Act enters into force as the commencing year of a planned period.
Article 3 (Transitional Measures concerning Loss of Effect of Designation of Planned Small River Area)
Notwithstanding the amended provisions of Article 4 (3), the initial date in reckoning the loss of effect of designation of a planned small river area on land designated and publicly notified as the planned small river area as at the time this Act enters into force shall be the enforcement date of this Act.
Article 4 (Transitional Measures concerning Management of Abandoned River Channel)
Notwithstanding the amended provisions of Article 24-2, abandoned river channel, etc. in which case three years have passed from the date abandoned river channel, etc. came into existence, which existed before this Act enters into force, shall be publicly notified within three months after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13063, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13919, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Application for Rulings)
The amended provisions of Article 12 (2) shall begin to apply from the first action plan publicly announced after this Act enters into force.
Article 3 (Transitional Measures concerning Existing Small River Areas)
(1) In cases of an area which is a small river area defined under the previous provisions of subparagraph 2 of Article 2; and which has been publicly notified as a small river pursuant to the previous provisions of Article 3 (2) or as a small river area pursuant to Article 8 (2) of the Framework Act on the Regulation of Land Use as at the time this Act enters into force, such area shall be deemed determined and publicly notified under the amended provisions of Article 3-3.
(2) In cases of an area which is a small river area defined under the previous provisions of subparagraph 2 of Article 2; and which has not been publicly notified as a small river pursuant to the previous provisions of Article 3 (2) or as a small river area pursuant to Article 8 (2) of the Framework Act on the Regulation of Land Use as at the time this Act enters into force, a managing authority shall determine and publicly notify such area as a small river area pursuant to the amended provisions of Article 3-3 within five years from the date this Act enters into force.
Article 4 (Transitional Measures concerning Appendages to Small River)
Any appendage to a small river defined under the previous provisions of subparagraph 3 of Article 2 as at the time this Act enters into force, shall be deemed small river facilities defined under the amended provisions of subparagraph 3 of Article 2.
Article 5 (Transitional Measures concerning Planned Small River Area in Which Maintenance of Small River is Completed)
In cases of any land designated and publicly notified as a small river pursuant to the previous provisions of Article 4 (4) after the area has been designated and publicly notified as a planned small river area, and maintenance of a small river in such area has been completed before this Act enters into force, such land shall be deemed determined and publicly notified as a small river area under the amended provisions of Article 4 (5).
Article 6 (Transitional Measures concerning Permission for Small River Construction Works following Change of Permission Name)
Where permission for small river construction works has been granted under the main clause of the previous Article 10 (1) as at the time this Act enters into force, permission for the maintenance of a small river, etc. shall be deemed granted under the amended provisions of Article 10 (1).
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 5 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the date on which it enters into force has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16772, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 4-2, 14 (5) and 15 shall enter into force one month after the date of its promulgation; and the amended provisions of the latter part, with the exception of the subparagraphs, of Article 22 (4) and the amended provisions of subparagraph 1 of the same paragraph and those of paragraph (5) of the same Article shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Report on Succession to Rights and Obligations)
(1) The amended provisions of Article 4-2 and 14 (5) shall begin to apply from the first report made after the same amended provisions enter into force.
(2) The amended provisions of Article 15 shall apply even where a report is made under the previous Article 14 (5) before the same amended provisions enter into force.
Article 3 (Applicability to Maintenance of Small Rivers by Persons Other than Managing Authorities)
The amended provisions of Article 10 (3) and (4) shall begin to apply from the first application submitted to obtain permission for the maintenance of a small river, etc. after this Act enters into force.
Article 4 (Applicability to Consultations with Heads of Relevant Administrative Agencies)
The amended provisions of Article 10-2 (4) shall begin to apply from the first request for consultation made to the head of a relevant administrative agency after this Act enters into force.
Article 5 (Applicability to Reduction of or Exemption from Fees for Occupancy and Use)
The amended provisions of the latter part, with the exception of the subparagraphs, of Article 22 (4), subparagraph 1 of the same paragraph, and paragraph (5) of the same Article shall begin to apply from the first permission for the maintenance of a small river, etc. under Article 10 or the permission to occupy and use small river, etc. under Article 14 granted or renewed after the same amended provisions enter into force.
Article 6 (General Transitional Measures)
(1) Any dispositions and other acts imposed or performed by the Jeju Special Self-Governing Province Governor as a managing authority regarding districts of administrative Sis under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (hereafter in this Article referred to as "administrative Si") under the previous provisions before this Act enters into force shall be deemed to be dispositions and other acts imposed or performed by the head of the relevant administrative Si, who is the managing authority under this Act.
(2) Any requests, reports, or other acts made or performed by the Jeju Special Self-Governing Province Governor as a managing authority regarding districts of administrative Sis under the previous provisions before this Act enters into force shall be deemed requests, reports or other acts made or performed by the head of the relevant administrative Si, who is the managing authority under this Act.
Article 7 (Transitional Measures concerning Dispositions against Violators of Statutes or Regulations)
Notwithstanding the amended provisions of the proviso, with the exception of the subparagraphs, of Article 17, the previous provisions shall apply to persons who have obtained permission for the maintenance of a small river, etc. under Article 10 or a permission to occupy and use a small river, etc. under Article 14 by fraud or other improper means before this Act enters into force.