Act No. 16699, Dec. 3, 2019
Article 1 (Purpose) |
Article 2 (Definitions) |
1. | The term “garbage” means garbage defined in subparagraph 4 of Article 2 of the Marine Environment Management Act; |
2. | The term “discharge” means discharge defined in subparagraph 3 of Article 2 of the Marine Environment Management Act; |
3. | The term “sea” means sea defined in subparagraph 1 of Article 3 of the Framework Act on Marine Fishery Development; |
4. | The term “seashore” means space between a coastline referred to in Article 6 (1) 4 of the Act on the Establishment and Management of Spatial Data and an area registered on the cadastral record; |
5. | The term “marine garbage” means garbage that is released, dumped, or abandoned in the sea or along the seashore; |
6. | The term “contaminated marine sediment” means material deposited in the sea, which contains any substance that exceeds the marine environmental standards pursuant to Article 13 of the Act on Conservation and Utilization of the Marine Environment, or which adversely affects human health as well as property, living environment, or natural environment; |
7. | The term “sea area management authority” means a sea area management authority pursuant to subparagraph 8 of Article 2 of the Act on Conservation and Utilization of the Marine Environment. |
Article 3 (Scope of Application) |
(1) | This Act shall apply to the management of marine garbage and contaminated marine sediments in the following sea areas and water zones (including the seashore in regard to collection of coastal garbage under Article 12; hereinafter the same shall apply): |
1. | Territorial sea and internal waters provided for in the Territorial Sea and Contiguous Zone Act and sea areas prescribed by Presidential Decree; |
2. | Exclusive economic zones defined in Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf. |
(2) | Except as provided in this Act, the disposal of marine garbage and contaminated marine sediments in the sea areas and water zones referred to in each of the subparagraphs of paragraph (1) shall be governed by the Wastes Control Act, the Water Environment Conservation Act, the Sewerage Act, and the Act on the Management and Use of Livestock Excreta. |
(3) | The disposal of marine garbage and contaminated marine sediments outside the sea areas and water zones referred to in each of the subparagraphs of paragraph (1) shall be governed by the Wastes Control Act. |
Article 4 (Responsibilities of State) |
(1) | The State and local governments shall formulate and implement policies necessary to prevent the generation of marine garbage and contaminated marine sediments and to manage them in an environment-friendly way. |
(2) | The people shall actively cooperate with the policies of the State and local governments for the management of marine garbage and contaminated marine sediments. |
Article 5 (Formulation of Master Plan for Managing Marine Garbages and Contaminated Marine Sediments) |
(1) | In order to appropriately manage marine garbage and contaminated marine sediments, the Minister of Oceans and Fisheries shall formulate and implement a master plan for managing marine garbage and contaminated marine sediments (hereinafter referred to as “master plan”), every 10 years, after consulting with the heads of relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, |
(2) | A master plan shall include the following: |
1. | Matters concerningdirection-setting of policies for managing marine garbage and contaminated marine sediments; |
2. | Matters concerning investigations into the current status of marine garbage and contaminated marine sediments, and concerning the disposal thereof, such as collection and detoxification; |
3. | Matters concerning the prevention of garbage inflow from rivers and small rivers to the sea; |
4. | Matters concerning the prevention and reduction of marine garbage and contaminated marine sediments; |
5. | Matters concerning the improvement, restoration, and follow-up management of the marine environment contaminated by marine garbage and contaminated marine sediments; |
6. | Matters concerning securing financial resources for the management of marine garbage and contaminated marine sediments; |
7. | Other matters necessary for the management of marine garbage and contaminated marine sediments. |
(3) | Each sea area management authority shall formulate and implement an annual implementation plan for the master plan (hereinafter referred to as “implementation plan”), taking into consideration the characteristics of the sea areas and water zones under its jurisdiction. |
(4) | The Minister of Oceans and Fisheries shall submit a master plan formulated or revised under paragraph (1) to the competent standing committee of the National Assembly. |
(5) | Matters necessary for the formulation and implementation of the master plans and implementation plans shall be prescribed by Presidential Decree. |
Article 6 (Investigations into Actual Status) |
(1) | Each sea area management authority may investigate the actual status of marine garbage and contaminated marine sediments in order to perform the following: |
1. | Efficient formulation and implementation of a master plan and its implementation plan; |
2. | Collection of marine garbage under Articles 12 through 14; |
3. | Detoxification of polluted marine sediments under Article 16. |
(2) | Investigations into the actual status under paragraph (1) may be conducted through entrustment to the marine garbage investigation institution under Article 25 (1) 1 or the contaminated marine sediment investigation institution under subparagraph 2 of the same paragraph. |
(3) | Matters concerning the scope and methods of investigations into the actual status under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 7 (Prohibition of Discharge of Garbage into Sea) |
(1) | No one shall discharge any garbage into the sea. |
(2) | Notwithstanding paragraph (1), garbage prescribed by Presidential Decree that do not affect the conservation and management of the marine environment may be discharged into the sea in compliance with the standards and methods of disposal prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, those garbage shall be discharged into the sea areas prescribed by Presidential Decree. |
(3) | The Minister of Oceans and Fisheries may inspect in advance whether garbage meets the standards for discharge into the sea under paragraph (2), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the Minister of Oceans and Fisheries may have an institution determined by Ordinance of the Ministry of Oceans and Fisheries perform the inspection affairs on his or her behalf. |
(4) | Any person who intends to discharge garbage into the sea under paragraph (2) shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply where he or she intends to alter any important matter prescribed by Ordinance of the Ministry of Oceans and Fisheries among the reported matters. |
(5) | Any person who intends to file a report pursuant to paragraph (4) shall submit to the Minister of Oceans and Fisheries the data prescribed by Ordinance of the Ministry of Oceans and Fisheries, including the results of measuring the ingredients, concentration, weight and volume of garbage, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, he or she may have the marine discharge inspection institution referred to in Article 25 (1) 3 perform the work of measuring the ingredients, concentration, weight, and volume of garbage on his or her behalf. |
(6) | A person who intends to discharge garbages into the sea after filing a report pursuant to paragraph (4) (hereinafter referred to as “discharger of garbage into the sea”) may entrust the discharge of such garbage to an entity that has registered the business of discharging garbage into the sea under Article 19 (1) 1. |
(7) | When a discharger of garbage into the sea transfers his or her business or dies, or when a corporate discharger of garbage into the sea merges, the transferee or successor of the business, or the corporation surviving the merger or newly established as a consequence of the merger shall succeed to the rights and obligations regarding the discharge of garbage into the sea. In such cases, the person who succeeds to the rights and obligations shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, within one month from the date of succeeding to the rights and obligations. |
Article 8 (Discharge of Garbage into Sea Following Natural Disasters) |
(1) | Notwithstanding Article 7 (1), garbage may be discharged into the sea in extenuating circumstances, such as natural disasters or accidents. In such cases, all the following requirements shall be met: |
1. | The garbage is likely to cause serious danger to a person’s life, body or property if not discharged into the sea,; |
2. | Discharging the garbage into the sea is the only way to prevent the danger under subparagraph 1; |
3. | It is certain that the garbage causes less damage when discharged into the sea. |
(2) | Any person who discharges garbage into the sea under paragraph (1) shall report the fact immediately to the competent sea area management authority, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(3) | Upon receipt of a report on the discharge of garbage into the sea pursuant to paragraph (2), the sea area management authority may order the discharger of the garbage to investigate the environmental conditions of the relevant sea area and to collect and detoxify marine garbages. |
Article 9 (Reclamation of Garbage) |
(1) | Notwithstanding Article 7 (1), garbage prescribed by Presidential Decree may be discharged by any of the following methods: |
1. | Reclaiming garbage in accordance with Article 28 of the Public Waters Management and Reclamation Act and Article 35 of the same Act; |
2. | Insulating garbage by putting it on a depression ground in the ocean bottom and covering it with uncontaminated material. |
(2) | Any person who intends to discharge garbage into the sea in the manner of insulating it in accordance with paragraph (1) 2 shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. |
(3) | Matters concerning the methods, standards and procedures for reclamation and insulation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 10 (Storage and Management of Carbon Dioxide Streams in Marine Geological Structures) |
(1) | Notwithstanding Article 7 (1), the carbon dioxide streams prescribed by Presidential Decree (referring to carbon dioxide liquefied under high pressure through the process of capture from a plant, etc. which generates large quantities of carbon dioxide; hereinafter the same shall apply) may be stored in ocean-floor sediments (hereinafter referred to as “storage in marine geological structures”) by the method prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(2) | Any person who intends to store carbon dioxide streams in a marine geological structure under paragraph (1) shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. |
(3) | The Minister of Oceans and Fisheries shall determine a marine geological structure suitable for the storage of carbon dioxide streams in consideration of geological characteristics, and provide public notice of it. |
(4) | Other matters necessary for the storage and management of carbon dioxide streams in marine geological structures shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 11 (Measures to Block Inflow of Garbage into Sea) |
(1) | The head of the central administrative agency and the Mayor/ |
(2) | The Minister of Oceans and Fisheries may request necessary measures, such as installation of an outflow prevention facility, from the head of the central administrative agency, etc. who fails to take the measures under paragraph (1). In such cases, the head of the central administrative agency, etc. shall comply with such request without special reason not to do so. |
Article 12 (Collection of Coastal Garbage) |
(1) | The Special Self-Governing Province Governor or the head of a |
(2) | The Special Self-Governing Province Governor or the head of a |
(3) | Methods and procedures for collecting coastal garbage, and other matters necessary for collecting coastal garbage, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 13 (Collection of Floating Garbage) |
(1) | Each sea area management authority shall collect marine garbage floating on or in the sea under its jurisdiction (hereinafter referred to as “floating garbage”) before they move to other sea areas or are deposited on the ocean floor. |
(2) | A sea area management authority may order a person who has generated floating garbage to collect all or some of the floating garbage. |
(3) | A person who has been ordered to collect floating garbage under paragraph (2) may entrust a marine garbage collection business entity registered pursuant to Article 19 (1) 2 with the collection of such garbage. |
(4) | Methods and procedures for collecting floating garbage, and other matters necessary for collecting floating garbage, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 14 (Collection of Deposited Garbage) |
(1) | Where, as a result of an investigation into the actual status under Article 6, the sea area management authority determines that marine garbage deposited on the ocean floor (hereinafter referred to as “deposited garbage”) have a significant impact on the marine environment, it shall collect the deposited garbage in the relevant sea area. |
(2) | A sea area management authority may order a person who has generated deposited garbage to collect all or some of the deposited garbage. |
(3) | A person who has been ordered to collect deposited garbage under paragraph (2) may entrust a marine garbage collection business entity registered pursuant to Article 19 (1) 2 with the collection of such garbage. |
(4) | Methods and procedures for collecting deposited garbage, and other matters necessary for collecting deposited garbage, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 15 (Operation of Ships, etc. for Collection of Marine Garbage) |
(1) | Each sea area management authority may operate ships and facilities necessary to collect marine garbage or investigate the actual status thereof. |
(2) | Standards and methods for operating ships or facilities under paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 16 (Detoxification of Contaminated Marine Sediments) |
(1) | Where, as a result of an investigation into the actual status under Article 6, the sea area management authority determines that contaminated marine sediments have a significant impact on the marine environment, it shall detoxify the contaminated marine sediments according to the methods prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(2) | A sea area management authority may order a person who has generated contaminated marine sediments to detoxify all or some of the polluted marine sediments. |
(3) | A person who has been ordered to detoxify contaminated marine sediments under paragraph (2) shall prepare and submit a plan for detoxification, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and obtain approval from the competent sea area management authority. The same shall also apply where he or she intends to alter any important matter prescribed by Ordinance of the Ministry of Oceans and Fisheries among the approved matters. |
(4) | A person who intends to detoxify contaminated marine sediments after obtaining approval pursuant to paragraph (3) may entrust a contaminated marine sediment detoxification business entity registered pursuant to Article 19 (1) 3 with the detoxification of such sediments. |
(5) | Other matters necessary for detoxifying contaminated marine sediments shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 17 (Follow-Up Management) |
(1) | A sea area management authority shall investigate contaminated marine sediments, etc. during the period prescribed by Ordinance of the Ministry of Oceans and Fisheries for the sea area where the contaminated marine sediment detoxification project is completed, so as to measure whether such sediments are re-contaminated. |
(2) | If, as a result of measurement under paragraph (1), re-contamination, etc. is considered to be likely to occur, the competent sea area management authority shall take necessary measures to prevent such re-contamination, etc. |
(3) | Matters concerning the details of and methods for investigations and measures under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 18 (Use of Dredged Materials) |
(1) | Dredged materials that meet the standards prescribed by Presidential Decree may be used for the following: |
1. | Materials for beach nourishment, creation and restoration of wetlands, creation of artificial islands, maintenance of fishing grounds, or construction of port facilities and fishery harbor facilities; |
2. | Other uses prescribed by Presidential Decree. |
(2) | A person who intends to use dredged materials for the purpose of each of the subparagraphs of paragraph (1) shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply where he or she intends to alter any important matter prescribed by Ordinance of the Ministry of Oceans and Fisheries among the reported matters. |
(3) | A person who has made a report under paragraph (2) shall use the dredged materials reported within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
Article 19 (Registration of Marine Garbage Management Business) |
(1) | A person who intends to engage in any business falling under any of the following subparagraphs (hereinafter referred to as “marine garbage management business”) shall register such business with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. The same shall also apply where he or she intends to alter any important matter prescribed by Ordinance of the Ministry of Oceans and Fisheries among the reported matters: |
1. | Business of discharging garbages into the sea: Business of discharging garbages into the sea with ships, facilities, and equipment required for discharging garbages into the sea; |
2. | Marine garbage collection business: Business of collecting marine garbages with ships, facilities, and equipment required for collecting floating garbages and deposited garbages; |
3. | Contaminated marine sediment detoxification business: Business of detoxifying polluted marine sediments with ships, facilities, and equipment required for detoxifying contaminated marine sediments. |
(2) | A person who intends to register marine garbage management business shall possess technical skills in the relevant field, as prescribed by Presidential Decree, and shall be equipped with ships, facilities, and equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 20 (Grounds for Disqualification from Registration) |
1. | A person under adult guardianship; |
2. | A person for whom one year has not passed since the execution of his or her imprisonment with labor or heavier punishment sentenced to by a court for violating this Act or the Marine Environment Management Act was terminated (including where such execution is deemed to have been terminated) or exempted; |
3. | A person for whom one year has not passed since the registration of marine garbage management business was revoked (excluding where the registration was revoked on the ground of subparagraph 1); |
4. | A legal entity that has a person falling under any of subparagraphs 1 through 3, among its executive officers. |
Article 21 (Duties of Marine Garbage Management Business Entities) |
(1) | An entity that has registered its marine garbage management business (hereinafter referred to as “marine garbage management business entity”) shall prepare a statement of disposal results and submit it to the Minister of Oceans and Fisheries, and shall prepare a ledger of disposal to be kept in the relevant ship or facility. |
(2) | An entity that has registered its business of discharging garbages into the sea pursuant to Article 19 (1) 1 shall keep and manage garbages subject to discharge into the sea, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall prepare a garbage transfer/takeover form and submit it to the Minister of Oceans and Fisheries. |
(3) | Where a marine garbage management business entity submits a statement of disposal results under paragraph (1) and a garbage transfer/takeover form under paragraph (2) using the electronic information processing system under Article 30 (2), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, it shall be deemed to have performed its duty to submit and keep the relevant data. |
(4) | Details regarding the method for preparing and the period for keeping the statement of disposal results, the ledger of disposal, and the garbage transfer/takeover form under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 22 (Orders for Disposal of Entrusted Marine Garbages) |
Article 23 (Succession of Rights and Obligations) |
(1) | When a marine garbage management business entity transfers his or her business or dies, or when a corporate marine garbage management business entity merges, the transferee or successor of the business, or the corporation surviving the merger or newly established as a consequence of the merger shall succeed to the rights and obligations concerned. |
(2) | Any person who has fully taken over the facilities or equipment of a marine garbage management business entity through an auction under the Civil Execution Act, realization under the Debtor Rehabilitation and Bankruptcy Act, sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act, or other procedures equivalent thereto shall succeed to the rights and obligations concerned. |
(3) | A person who succeeds to the rights and obligations of a marine garbage management business entity under paragraphs (1) and (2) shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, within one month of succession to the rights and obligations. |
(4) | Article 20 shall apply |
Article 24 (Revocation of Registration) |
(1) | Where a marine garbage management business entity falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke the registration thereof or order the suspension of business for a given period of up to six months: |
1. | Where the marine garbage management business entity has been registered or any alteration to the entity has been registered for by fraud or other illegal means; |
2. | Where the marine garbage management business entity falls under any of the subparagraphs of Article 20: |
3. | Where the marine garbage management business entity is suspended for business on at least two occasions a year; |
4. | Where the marine garbage management business entity conducts business activities during the period of business suspension; |
5. | Where the marine garbage management business entity fails to comply with any terms and conditions of registration without good cause; |
6. | Where the marine garbage management business entity violates any duty under Article 21 (1) and (2); |
7. | Where the marine garbage management business entity fails to comply with an order for disposal issued under Article 22; |
8. | Where the marine garbage management business entity fails to commence business activities within one year after registration or has no business performance for at least one year continuously without good cause. |
(2) | Detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, based on the types, severity, etc. of the relevant offenses. |
Article 25 (Designation of Specialized institutions) |
(1) | The Minister of Oceans and Fisheries may designate an institution to inspect garbage and investigate marine garbage and contaminated marine sediments on a professional basis (hereinafter referred to as “specialized institution”), according to the following classification: |
1. | Marine garbage investigation institution: An institution that conducts investigations into the status of generation and management of marine garbages; |
2. | Polluted marine sediment investigation institution: An institution that conducts investigations into the status of generation and management of contaminated marine sediments; |
3. | Marine discharge inspection institution: An institution that conducts the measurement of the ingredients, concentration, weight and volume of garbages under Article 7 (5). |
(2) | Upon conducting an inspection or investigation, a specialized institution may collect expenses from the person who requests the inspection or investigation. In such cases, the Minister of Oceans and Fisheries shall determine the standards for calculating expenses and provide public notice thereof. |
(3) | No entity designated as a specialized institution shall do any of the following: |
1. | Allowing any other person to perform affairs of the specialized institution using its name, or lending its certificate of specialized institution designation to a third person; |
2. | Concurrently engaging in a marine garbage management business. |
(4) | Article 20 shall apply |
(5) | Other matters concerning the standards and procedures for designation of specialized institutions shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 26 (Revocation of Designation as Specialized institutions) |
(1) | Where a specialized institution falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke the designation thereof or order the suspension of business for a given period of up to six months: |
1. | Where the specialized institution has been designated by fraud or other illegal means; |
2. | Where the specialized institution falls under any of the subparagraphs of Article 20, which applies |
3. | Where the specialized institution is suspended for business on at least two occasions a year; |
4. | Where the specialized institution conducts the work of inspection or investigation during the period of business suspension; |
5. | Where the specialized institution allows any other person to perform its works using its name, or lends its certificate of specialized institution designation to a third person, in violation of Article 25 (3) 1; |
6. | Where the specialized institution concurrently engages in a marine garbage management business in violation of Article 25 (3) 2; |
7. | Where the specialized institution makes a false entry in the records of inspection or investigation intentionally or by gross negligence. |
(2) | Detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, based on the types, severity, etc. of the relevant offenses. |
Article 27 (Establishment and Operation of Management Center) |
(1) | The Minister of Oceans and Fisheries may establish and operate a marine garbage and polluted marine sediment management center to manage marine garbages and polluted marine sediments in a comprehensive and systematic way. |
(2) | Matters necessary for establishing and operating the management center under paragraph (1) shall be prescribed by Presidential Decree. |
Article 28 (Vicarious Execution) |
1. | An order to investigate environmental conditions and to collect and detoxify marine garbages under Article 8 (3); |
2. | An order for collection under Article 12 (2); |
3. | An order for collection under Article 13 (2); |
4. | An order for collection under Article 14 (2); |
5. | An order for detoxification under Article 16 (2); |
6. | An order for disposal under Article 22. |
Article 29 (Financial and Technical Assistance) |
(1) | The State may provide financial and technical assistance for a local government that takes any of the following measures: |
1. | Investigation into the actual status under Article 6; |
2. | Measure to prevent garbages from flowing into the sea under Article 11; |
3. | Collection of marine garbage under Articles 12 through 14; |
4. | Operation of ships and facilities under Article 15. |
(2) | The State may provide necessary financial assistance for a corporation or organization that engages in monitoring, collection, and detoxification activities to prevent the generation of marine garbage and polluted marine sediments. |
(3) | Matters concerning entities entitled to financial and technical assistance under paragraphs (1) and (2), and procedures and methods for such assistance, shall be prescribed by Presidential Decree. |
Article 30 (Electronic Information Processing System to Manage Marine Garbage) |
(1) | The Minister of Oceans and Fisheries shall manage information necessary to manage marine garbages, etc. |
(2) | The Minister of Oceans and Fisheries shall build and operate an electronic information processing system to manage information under paragraph (1) in a systematic and efficient manner (hereafter in this Article referred to as “electronic information processing system”). |
(3) | A person who discharges, collects, or detoxifies marine garbages, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries shall enter the details thereof into the electronic information processing system, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, when the relevant marine garbages, etc. are discharged, collected, or detoxified. |
(4) | The Minister of Oceans and Fisheries shall disclose the information entered into the electronic information processing system and may link it into the electronic information processing program under Article 45 of the Wastes Control Act. |
(5) | Other matters necessary for the installation, building and operation of the electronic information processing system shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 31 (Hearings) |
1. | Revocation of registration of a marine garbage management business under Article 24; |
2. | Revocation of designation as a specialized institution under Article 26. |
Article 32 (Access and Inspections) |
(1) | The Minister of Oceans and Fisheries may, as prescribed by Presidential Decree, direct a public official of the Ministry to request necessary materials or a report from a marine garbage management business entity, specialized institution, or discharger of garbages into the sea, and to enter the relevant facilities, ship or other places for verification and inspection of the status of garbage collection, keeping and disposal or for inspection of the related documents, facilities, or equipment. |
(2) | Any public official who makes an entry, inspection, etc. under paragraph (1) shall carry a certificate indicating his or her authority and present it to interested persons, and shall inform them of the purpose of entry, his or her name, etc. in detail. |
Article 33 (Delegation and Entrustment of Authority) |
(1) | The Minister of Oceans and Fisheries may delegate part of his or her authority under this Act to the head of an agency under his or her control, as prescribed by Presidential Decree. |
(2) | The Minister of Oceans and Fisheries may entrust some of his or her affairs under this Act to a related institution or organization, as prescribed by Presidential Decree. |
Article 34 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
Article 35 (Penalty Provisions) |
1. | A person who discharges garbage into the sea in violation of Article 7 (1); |
2. | A person who engages in marine garbage management business without registering it under the former part of Article 19 (1); |
3. | A person who performs affairs of the specialized institution without being designated as such under Article 25 (1). |
Article 36 (Penalty Provisions) |
1. | A person who uses dredged materials without meeting the standards under Article 18 (1); |
2. | A person who conducts business activities after registration is revoked under Article 24 or who conducts business activities during the period of business suspension despite the order to suspend business; |
3. | A person who conducts business activities after the designation as a specialized institution is revoked under Article 26 or who conducts business activities during the period of business suspension despite the order to suspend business. |
Article 37 (Penalty Provisions) |
1. | A person who fails to file a report or files a false report, in violation of the former part of Article 7 (4); |
2. | A person who fails to comply with an order for collection issued by the Special Self-Governing Province Governor or the head of a |
3. | A person who fails to comply with an order for collection issued by the sea area management authority, in violation of Article 13 (2); |
4. | A person who fails to comply with an order for collection issued by the sea area management authority, in violation of Article 14 (2); |
5. | A person who fails to comply with an order for detoxification issued by the sea area management authority, in violation of Article 16 (2); |
6. | A person who fails to comply with an order for disposal issued by the Minister of Oceans and Fisheries, in violation of Article 22; |
7. | A person who allows any other person to perform affairs of the specialized institution using his or her name, or who lends its certificate of specialized institution designation to a third person, in violation of Article 25 (3) 1; |
8. | A person who refuses, interferes with, or evades a request for entry, inspection, or report under Article 32 (1), without good cause. |
Article 38 (Joint Penalty Provisions) |
Article 39 (Administrative Fines) |
(1) | Any person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding five million won: |
1. | A person who fails to file a report or files a false report, in violation of Article 8 (2); |
2. | A person who fails to file a report or files a false report, in violation of the former part of Article 18 (2); |
3. | A person who fails to register an alteration or includes any false entry in registering an alteration, in violation of the latter part of Article 19 (1); |
4. | A person who fails to submit a statement of disposal results or includes any false entry in such statement, or fails to keep a ledger of disposal or includes any false entry in such ledger, in violation of Article 21 (1); |
5. | A person who keeps or manages garbages, or fails to submit a garbage transfer/takeover form or includes any false entry in such form, in violation of Article 21 (2); |
6. | A person who fails to file a report on succession to the rights and obligations of a marine garbage management business entity, or files a false report thereon, in violation of Article 23 (3). |
(2) | Any person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding one million won: |
1. | A person who fails to report an alteration or includes any false entry in reporting an alteration, in violation of the latter part of Article 7 (4) or the latter part of Article 18 (2); |
2. | A person who fails to enter information or enters any false information, in violation of Article 30 (3). |
(3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries or the competent Mayor/ |