Presidential Decree No. 30340, Jan. 7, 2020
| Article 1 (Purpose) |
| Article 2 (Details of Framework Plans for Management and Restoration of Tidal Flats) |
| (1) | "Matters prescribed by Presidential Decree" in Article 7 (3) 14 of the Act on the Management and Restoration of Tidal Flats (Gaetbeol) and Adjacent Areas Thereof (hereinafter referred to as the "Act") means the followings: |
| 1. | Matters concerning measures to conserve the biodiversity of tidal flats prescribed in Article 9 of the Act; |
| 2. | Matters concerning the designation and management of clean tidal flats prescribed in Article 14 of the Act; |
| 3. | Matters concerning the promotion of ecotourism on tidal flats prescribed in Article 26 of the Act. |
| (2) | "Any modification to minor matters prescribed by Presidential Decree" in the proviso of Article 7 (7) of the Act means the following cases: |
| 1. | Changing matters related to the basic principles and directions of promotion for the management and use of tidal flats and their surrounding areas (hereinafter referred to as "tidal flat, etc.") prescribed in Article 7 (3) 4 of the Act in compliance with the amendment to other statutes and regulations, or plans thereof; |
| 2. | Correcting minor mistakes, misspellings, ommission, or apparent errors equivalent thereto. |
| Article 3 (Designation and Alteration of Tidal Flat Management Zones) |
| (1) | "Special cases ... under Presidential Decree" in Article 10 (1) 3 of the Act means the following cases: |
| 1. | Where it is a major habitat of marine organisms under protection prescribed in subparagraph 11 of Article 2 of the Conservation and Management of Marine Ecosystems Act; |
| 2. | Where a safety accident is very likely to occur; |
| 3. | Where it is necessary to protect and restore tidal flat ecosystems; |
| 4. | Where it is necessary to take measures to increase the production of biological resources. |
| (2) | "Where the alteration is made to minor matters as prescribed by Presidential Decree" in the proviso, with the exception of its subparagraphs, of Article 10 (3) of the Act means a case of correcting minor mistakes or correcting the area of a tidal flat management zone prescribed in Article 10 (1) of the Act (hereinafter referred to as "management zone") according to topographic changes. |
| Article 4 (Revocation of Designation of Management Zones) |
| (1) | "Where ... defined under Presidential Decree" in Article 10 (6) 1 of the Act means the following cases: |
| 1. | Where the Minister of National Defense deems it essential for military operations, for installation and protection of military facilities prescribed in subparagraph 2 of Article 2 of the Protection of Military Bases and Installations Act, or for protection of military secrets prescribed in subparagraph 1 of Article 2 of the Military Secret Protection Act; |
| 2. | Where it is essential to prevent life and property damage, such as flood prevention; |
| 3. | Where it is essential to implement a national project that has a great impact on the national economy. |
| (2) | "Matters prescribed by Presidential Decree" in Article 10 (6) 4 of the Act means any of the following cases: |
| 1. | Where safety measures, such as the installation of facilities to prevent safety accidents are taken in tidal flat safety management zones prescribed in Article 10 (2) 2 of the Act; |
| 2. | Where deteriorated tidal flat ecosystems in tidal flat rest zones prescribed in Article 10 (2) 3 of the Act are restored; |
| 3. | Where a competent Special Metropolitan City Mayor, Metropolitan City Mayor, |
| Article 5 (Types of Tasks in Management Zones) |
| (1) | The Minister of Oceans and Fisheries may perform the following tasks pursuant to Article 13 (1) of the Act: |
| 1. | The conservation and management of biodiversity: Preventing the influx of pollutants, and collecting and disposing of wastes in tidal flat conservation zones prescribed in Article 10 (2) 1 of the Act and for the investigation and removal organisms disturbing marine ecosystems prescribed in subparagraph 12 of Article 2 of the Conservation and Management of Marine Ecosystems Act and harmful marine organisms prescribed in subparagraph 13 of the same Article; |
| 2. | The prevention of safety accidents: Putting up an access sign or signpost, preparing lifeguard-related equipment and facilities and putting up a signboard thereon, providing safety education for visitors, and checking facility safety on a regular basis in tidal flat safety management zones prescribed in Article 10 (2) 2 of the Act; |
| 3. | The protection and restoration of tidal flat ecosystems: Concluding contracts on management of marine biological diversity prescribed in Article 41 of the Conservation and Management of Marine Ecosystems Act, restoring habitats of tidal flats organisms, and installing protection facilities in tidal flat rest zones prescribed in Article 10 (2) 3 of the Act; |
| 4. | The works to increase production of biological resources: Releasing fishery seedlings, installing aquaculture facilities, purifying aquafarms and creating spawning grounds, for tidal flat production zones prescribed in Article 10 (2) 4 of the Act; |
| 5. | The installation and management of experience facilities, etc.: Installing and operating paths used for education, tour, and experience, observation facilities, and educational and publicity facilities, etc. in tidal flat experience zones prescribed in Article 10 (2) 5 of the Act. |
| (2) | When performing tasks pursuant to paragraph (1), the Minister of Oceans and Fisheries shall take into account the biodiversity and current state of use, and natural and social circumstances, such as the period of suspension of fishing prescribed in Article 19 of the Fishery Resources Management Act, of the relevant tidal flat, etc., and inform persons interested in the management zone, such as persons holding a fishery right of the time, date, place, purpose, etc. of the tasks to be conducted in advance. |
| (3) | Except as provided in paragraphs (1) and (2), the Minister of Oceans and Fisheries may determine the procedures and methods of conducting tasks in management zones and provide public notice thereon. |
| Article 6 (Standards for Designating Clean Tidal Flats) |
| (1) | The Minister of Oceans and Fisheries may designate a zone meeting all the following requirements as a clean tidal flat prescribed in Article 14 (2) of the Act: |
| 1. | It shall be a fishing ground in which fishery business is conducted by obtaining a license pursuant to Article 8 of the Fisheries Act; |
| 2. | It shall comply with the environmental standards the Minister of Oceans and Fisheries determines, such as a heavy metal content and existence or non-existence of outbreak of contagious aquatic organism diseases prescribed in subparagraph 5 of Article 2 of the Aquatic Life Disease Control Act; |
| 3. | A fishery right holder who has obtained a license pursuant to Article 8 of the Fisheries Act shall have self-controlling measures to meet the standards in subparagraph 2. |
| (2) | The Minister of Oceans and Fisheries shall determine the details of standards for designating clean tidal flats prescribed in paragraph (1) and provide public notice thereon. |
| Article 7 (Procedures for Designating Clean Tidal Flats) |
| (1) | Where a Mayor/ |
| (2) | Where something is missing or vague in a written request for designation or the accompanying documents submitted pursuant to paragraph (1), the Minister of Oceans and Fisheries may determine a specific period and request the relevant Mayor/ |
| (3) | The Minister of Oceans and Fisheries shall consult with the heads of the relevant administrative agencies in advance to designate a clean tidal flat pursuant to Article 14 (2) of the Act. |
| (4) | Where the Minister of Oceans and Fisheries designates a clean tidal flat pursuant to Article 14 (2) of the Act, he/she shall publish the following in the Official Gazette and on the website of the Ministry of Oceans and Fisheries: |
| 1. | Name of the clean tidal flat; |
| 2. | Location, size, and scope of the clean tidal flat; |
| 3. | Grounds and objectives of the designation; |
| 4. | Date of designation; |
| 5. | Names, distribution, and current state of use of major fishery resources within the clean tidal flat; |
| 6. | Topographic map of the clean tidal flat (including marine charts) |
| (5) | Except as provided in paragraphs (1) through (4), the Minister of Oceans and Fisheries shall determine details of and procedures for investigation to designatie clean tidal flats and provide public notice thereon. |
| Article 8 (Management of Clean Tidal Flats) |
| (1) | To efficiently manage clean tidal flats designated pursuant to Article 14 (2) of the Act, the Minister of Oceans and Fisheries, Mayor/ |
| 1. | Checking the actual state of the autonomous management of clean tidal flats; |
| 2. | Publicity as to fishery products produced in clean tidal flats and their areas; |
| 3. | Utilization and provision of information on clean tidal flats for the public good; |
| 4. | Other tasks the Minister of Oceans and Fisheries determines for the management of clean tidal flats. |
| (2) | A Mayor/ |
| Article 9 (Labelling Fishery Products Produced in Clean Tidal Flats) |
| (1) | A person who produces fishery products in a clean tidal flat may put a label of fishery products produced in clean tidal flats on packings, containers, invoices, statements of account, etc. |
| (2) | The Minister of Oceans and Fisheries shall determine matters necessary for the specifications, details, methods, etc. of labeling prescribed in paragraph (1) and provide public notice thereon. |
| Article 10 (Exceptions to Limitation of Acts) |
| (1) | "Force majeure circumstances prescribed by Presidential Decree" in Article 16 (2) 2 of the Act means the following cases: |
| 1. | Where a life damage or property loss occurs due to the collapse, explosion, etc. of buildings and structures; |
| 2. | Where it is necessary to urgently rescue human lives from an imminent danger. |
| (2) | "Cases specified by Presidential Decree" in Article 16 (2) 3 of the Act means the acts of residents living in management zones or in adjacent areas that may affect the management zones, or the acts of owners, occupiers or managers of land and public waters in management zones to catch, collect or culture fishery products recognized to be ecologically sustainable, to produce fishery seeds and to manufacture salt. |
| (3) | "Where ... performs a conduct or installs a facility prescribed by Presidential Decree" in Article 16 (2) 6 of the Act means the following cases: |
| 1. | Where installing facilities according to a management zone management plan prescribed in Article 11 of the Act (hereinafter referred to as "management plan"); |
| 2. | Where conducting regular activities for current state investigation, observation and research on tidal flat ecosystems in management zones; |
| 3. | Where installing facilities to protect management zones and prevent the deterioration of tidal flat ecosystems. |
| Article 11 (Exceptions to Limitation of Access) |
| 1. | Performing tasks in management zones prescribed in Article 13 (1) of the Act; |
| 2. | Implementing the project for restoration of tidal flats prescribed in Article 20 of the Act; |
| 3. | Conducting academic survey and research recognized the Minister of Oceans and Fisheries; |
| 4. | Conducting investigations and taking protective measures for cultural heritages under the Cultural Heritage Protection Act; |
| 5. | Other activities the Minister of Oceans and Fisheries deems necessary for the conservation and use of tidal flats, etc. |
| Article 12 (Scale of Tidal Flat Restoration Projects Implemented by the State) |
| Article 13 (Priority Areas in Implementing Tidal Flat Restoration Projects) |
| 1. | An area in which the improvement of the habitat environment of marine organisms under protection prescribed in subparagraph 11 of Article 2 of the Conservation and Management of Marine Ecosystems Act is necessary; |
| 2. | An area in which a tidal flat restoration is urgently needed due to marine pollution accidents or rapid spread of harmful marine organisms prescribed in subparagraph 13 of Article 2 of the Conservation and Management of Marine Ecosystems Act. |
| Article 14 (Standards and Procedures for Granting Approval for Tidal Flat Restoration Project Plans) |
| (1) | Standards for granting approval for tidal flat restoration project plans and approval for modification prescribed in the latter part of Article 21 (1) of the Act and the main clause of paragraph (2) of the same Article shall be as follows: |
| 1. | The details of a tidal flat restoration project plan shall be in compliance with a master plan for the management and restoration of tidal flats, etc. prescribed in Article 7 (1) of the Act, basic plan on the conservation and management of marine ecosystems prescribed in Article 9 of the Conservation and Management of Marine Ecosystems Act, and basic plan for wetland conservation prescribed in Article 5 of the Wetlands Conservation Act; |
| 2. | The details of a tidal flat restoration project plan shall be in compliance with the basic principles of tidal flat restoration projects prescribed in Article 19 of the Act; |
| 3. | An ability to procure funds necessary to implement a tidal flat restoration project shall be secured. |
| (2) | Where something is missing or vague in a tidal flat restoration project plan submitted to obtain approval therefor or approval for modification pursuant to the latter part of Article 21 (1) of the Act and the main clause of paragraph (2) of the same Article, the Minister of Oceans and Fisheries may set a specific time period and request the relevant Mayor/ |
| (3) | Where a Mayor/ |
| Article 15 (Alteration of Minor Matters in Tidal Flat Restoration Project Plans) |
| 1. | Modification of a construction cost or an area of a project within the scope of 10/100; |
| 2. | Modification of a tidal flat restoration project plan due to changes in phased restoration plans prescribed in Article 7 (3) 9 of the Act or annual promotion plans of tidal flat restoration projects prescribed in subparagraph 10 of the same paragraph; |
| 3. | Correction to minor mistakes, misspellings, ommission, or apparent errors equivalent thereto. |
| Article 16 (Details of Action Plans of Tidal Flat Restoration Projects) |
| 1. | Name of the project developer; |
| 2. | Name, objectives and area of the project; |
| 3. | Location and cadastral map (including marine charts) of the project area; |
| 4. | Phased restoration plan (only applicable where phased project implementation is necessary); |
| 5. | Current state of the project area and its surrounding areas, and restoration technology plan; |
| 6. | Financing plan; |
| 7. | Plan for the use and management of restored tidal flats, etc.; |
| 8. | Plan for the monitoring and post-management of restoration projects; |
| 9. | Expected work schedule; |
| 10. | Results of forecasting the effects of improving tidal flat ecosystems, etc. through restoration projects; |
| 11. | Design books and drawings, such as a ground plan and construction manual. |
| Article 17 (Alteration of Action Plans) |
| 1. | Where tidal flat ecosystemshave deteriorated or are likely to deteriorate due to marine pollution accidents, etc.; |
| 2. | Where construction cost or project area is changed within the scope of 10/100; |
| 3. | Where a minor mistake, misspelling, ommission, or apparent error equivalent thereto is corrected. |
| Article 18 (Designation of Training Institutions for Eco-Guides on Tidal Flats ) |
| (1) | A person who intends to obtain designation as a tidal flat eco-guides training institution pursuant to Article 30 (1) of the Act shall file a request for designation with the Minister of Oceans and Fisheries as prescribed by Ordinance of the Ministry of Oceans and Fisheries, complying with the following standards: |
| 1. | Such person shall have appropriate educational facilities and educational equipment; |
| 2. | Such person shall have appropriate specialized teaching personnel; |
| 3. | Such person shall have a plan for curriculums and educational contents suitable to the characteristics of the relevant tidal flat; |
| 4. | Such person shall have an appropriate financing plan for operating costs. |
| (2) | The Minister of Oceans and Fisheries shall determine details of standards for designating tidal flat eco-guides training institutions prescribed in paragraph (1) and other matters necessary for the operation of tidal flat eco-guides training institutions and shall provide public notice thereon. |
| (3) | Standards for revoking the designation of tidal flat eco-guides training institutions and the imposition of suspension of business thereof in compliance with Article 30 (2) of the Act are prescribed in attached Table 1. |
| Article 19 (Claims for Compensation for Loss) |
| (1) | A person who intends to file a claim for compensation pursuant to Article 34 (1) of the Act shall submit a compensation bill including the following matters to the Minister of Oceans and Fisheries, Mayor/ |
| 1. | Name, address, and date of birth of the claimant; |
| 2. | Time and place of the loss sustained; |
| 3. | Details of the loss; |
| 4. | The amount and detailed statement of loss and methods of calculation. |
| (2) | Where the Minister of Oceans and Fisheries, a Mayor/ |
| 1. | The period for consultation and methods of consultation; |
| 2. | Guidance on the time, methods, and procedures of compensation. |
| Article 20 (Requests for Judgment on Compensation) |
| 1. | Name and address of the party; |
| 2. | Time and place of the loss sustained; |
| 3. | Details of loss; |
| 4. | The amount and detailed statement of loss; |
| 5. | details of consultation. |
| Article 21 (Delegation of Authority) |
| (1) | The Minister of Oceans and Fisheries shall delegate the following authority to the head of a competent regional office of Oceans and Fisheries pursuant to Article 37 (1) of the Act: |
| 1. | Formulation and alteration of management plans prescribed in Article 11 of the Act (excluding management plans for management zones spanning districts under the jurisdiction of not less than two regional offices of oceans and fisheries); |
| 2. | Employment and utilization of tidal flat eco-guides prescribed in Article 29 (1) of the Act. |
| (2) | The Minister of Oceans and Fisheries shall delegate the following authority to the heads of competent |
| 1. | Performing tasks in management zones prescribed in Article 13 of the Act and Article 5 of this Decree; |
| 2. | Limitation of access to tidal flat safety management zones and tidal flat rest zones prescribed in Article 17 of the Act; |
| 3. | Issuance of an order for the suspension of acts, or an order to take measures, such as restoration to the original state in management zones prescribed in Article 18 of the Act; |
| 4. | Imposition and collection of administrative fines prescribed in Article 42 (1) 1 of the Act. |
| Article 22 (Entrustment of Business) |
| (1) | Pursuant to Article 37 (2) of the Act, the Minister of Oceans and Fisheries shall entrust the following business to institutions designated pursuant to paragraph (4): |
| 1. | Survey of actual state of tidal flats and evaluation of value of ecosystem services provided by tidal flats in Article 8 (1) of the Act; |
| 2. | Measures for the conservation of biodiversity of tidal flat prescribed in Article 9 (1) of the Act; |
| 3. | Survey and joint survey of the source of pollution prescribed in Article 9 (2) of the Act. |
| (2) | Pursuant to Article 37 (2) of the Act, a Mayor/ |
| (3) | Pursuant to Article 37 (2) of the Act, the head of a |
| 1. | Investigation and removal of organisms disturbing marine ecosystems and harmful marine organisms prescribed in Article 9 (1) 2 of the Act; |
| 2. | Post-management of tidal flat restoration projects prescribed in Article 25 (1) of the Act. |
| (4) |
| 1. | The Korea Marine Environment Management Corporation under Article 96 of the Marine Environment Management Act; |
| 2. | The Korea Fisheries Resources Agency under Article 55-2 of the Fishery Resources Management Act; |
| 3. | The Korea Fisheries Infrastructure Promotion Association under Article 57 of the Fishing Villages and Fishery Harbors Act. |
| (5) | Where the Minister of Oceans and Fisheries, a Mayor/ |
| Article 23 (Standards for Imposing Administrative Fines) |