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MARINE ENVIRONMENT MANAGEMENT ACT

Act No. 8371, Apr. 11, 2007

Amended by Act No. 8377, Apr. 11, 2007

Act No. 8379, Apr. 11, 2007

Act No. 8380, Apr. 11, 2007

Act No. 8404, Apr. 27, 2007

Act No. 8788, Dec. 21, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9037, Mar. 28, 2008

Act No. 9454, Feb. 6, 2009

Act No. 9626, Apr. 22, 2009

Act No. 9773, jun. 9, 2009

Act No. 9872, Dec. 29, 2009

Act No. 10219, Mar. 31, 2010

Act No. 10272, Apr. 15, 2010

Act No. 10911, Jul. 25, 2011

Act No. 11479, jun. 1, 2012

Act No. 11597, Dec. 18, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12549, Mar. 24, 2014

Act No. 12844, Nov. 19, 2014

Act No. 13084, Jan. 28, 2015

Act No. 13383, jun. 22, 2015

Act No. 14516, Dec. 27, 2016

Act No. 14476, Dec. 27, 2016

Act No. 14532, Jan. 17, 2017

Act No. 14747, Mar. 21, 2017

Act No. 14605, Mar. 21, 2017

Act No. 14839, Jul. 26, 2017

Act No. 15012, Oct. 31, 2017

Act No. 15011, Oct. 31, 2017

Act No. 16160, Dec. 31, 2018

Act No. 16215, Jan. 8, 2019

Act No. 16520, Aug. 20, 2019

Act No. 16568, Aug. 27, 2019

Act No. 16699, Dec. 3, 2019

Act No. 17007, Feb. 18, 2020

Act No. 17110, Mar. 24, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters necessary for the prevention, improvement, response, and recovery with regard to marine pollution, by managing sources that generate pollutants, such as ships, marine facilities, and marine spaces, and regulate discharge of marine pollutants such as oil and noxious liquid substances, thereby contributing to the protection of the health and wealth of the people of the Republic of Korea.
[This Article Wholly Amended on Mar. 21, 2017]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Apr. 11, 2007; Apr. 27, 2007; Dec. 21, 2007; Feb. 29, 2008; Jun. 9, 2009; Dec. 29, 2009; Dec. 18, 2012; Mar. 23, 2013; Jan. 21, 2014; Mar. 21, 2017; Oct. 31, 2017>
1. The term "marine environment" means marine environment as defined in subparagraph 1 of Article 2 of the Act on Conservation and Utilization of the Marine Environment;
2. The term "marine pollution" means marine pollution as defined in subparagraph 3 of Article 2 of the Act on Conservation and Utilization of the Marine Environment;
3. The term "discharge" means the draining or dumping of pollutants, etc. or the leakage or eruption of pollutants, etc.: Provided, That the draining, dumping, leakage, or eruption of pollutants, etc. for academic purposes, such as conducting surveys and research to mitigate or prevent, or eliminate marine pollution, shall be excluded;
4. The term "garbage" means a substance which is useless in such form when discharged into the sea and which adversely affects or is likely to adversely affect the marine environment (excluding substances referred to in subparagraphs 5, 7, and 8);
5. The term "oil" means crude oil and petroleum products (excluding petroleum gas) provided for in the Petroleum and Alternative Fuel Business Act, liquid oil mixtures containing them (hereinafter referred to as "emulsion mixtures"), and oil refuse;
6. The term "ballast water" means ballast water defined in subparagraph 2 of Article 2 of the Ballast Water Management Act;
7. The term "noxious liquid substance" means any liquid substance (excluding oil) which adversely affect or are likely to adversely affect the marine environment and mixed liquid substances containing such substances, which are prescribed by Ordinance of the Ministry of Oceans and Fisheries;
8. The term "harmful substance in packaged form" means any harmful substance transported by ship in packaged form, which are prescribed by Ordinance of the Ministry of Oceans and Fisheries as they adversely affect or are likely to adversely affect the marine environment when discharged into the sea;
9. The term "harmful anti-fouling paint" means a paint used to restrict or prevent the attachment of organisms to ships, marine facilities, etc. (hereinafter referred to as "anti-fouling paints"), which are prescribed by Ordinance of the Ministry of Oceans and Fisheries as containing ingredients destroying organisms, such as organotin;
10. The term "residual pollutant" means a chemical substance prescribed by Ordinance of the Ministry of Oceans and Fisheries, which continuously cause acute or chronic toxicity or are carcinogenic over a long period when flowing into the sea and accumulated in organisms;
11. The term "pollutant" means garbage, oil, noxious liquid substance, or any harmful substance in package form which adversely affect or are likely to adversely affect the marine environment when flowing or discharged into the sea;
12. The term "ozone depleting substance" means any substance defined in subparagraph 1 of Article 2 of the Act on the Control, etc. of Manufacture of Specific Substances for the Protection of the Ozone Layer;
13. The term "air pollutant" means ozone depleting substance, volatile organic compound, and air pollutant defined in subparagraph 1 of Article 2 of the Clean Air Conservation Act, and carbon dioxide among greenhouse gases defined in subparagraph 3 of the same Article;
14. The term "sulphur oxides emission control sea area" means the sea area prescribed by Ordinance of the Ministry of Oceans and Fisheries, which needs measures to specially control sulphur oxide emissions from ships in order to prevent air pollution and adverse effects on land and sea resulting therefrom;
15. The term "volatile organic compounds" means oil and noxious liquid substances among hydrocarbons, which fall under subparagraph 10 of Article 2 of the Clean Air Conservation Act;
16. The term "ship" means things (including those with an outboard motor) used or usable for navigation above or below water, and fixed or floating oil-prospecting ships, and platforms prescribed by Ordinance of the Ministry of Oceans and Fisheries;
17. The term "marine facility" means facilities or structures prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are continuously installed or placed in, or thrown into sea areas (including harbors defined in subparagraph 1 of Article 2 of the Harbor Act; hereinafter the same shall apply) or between a sea area and land;
18. The term "bilge water" means emulsion mixtures stagnating at the bottom of a ship;
19. The term "port management authority" means the management authorities under Article 20 of the Harbor Act, fishery harbor management authorities under Article 35 of the Fishing Villages and Fishery Harbors Act, and port authorities under the Port Authority Act;
20. The term "sea area management authority" means a sea area management authority defined in subparagraph 8 of Article 2 of the Act on Conservation and Utilization of the Marine Environment;
21. The term "ship energy efficiency" means the amount of energy used by a ship in connection with freight transportation, which is shown as carbon dioxide generation ratio;
22. The term "ship energy efficiency design index" means an index showing the amount of carbon dioxide emitted by a ship in transporting one ton of cargo one nautical mile, which is calculated by the method determined and publicly notified by the Minister of Oceans and Fisheries.
 Article 3 (Scope of Application)
(1) This Act shall apply to the management of the marine environment in the following sea areas, water zones, zones, ships, marine facilities, etc.: Provided, That the management of the marine environment (excluding inspections for research, academic, or policy-making purposes) and the prevention of marine pollution related to radioactive substances shall be governed by the Nuclear Safety Act: <Amended on Jul. 25, 2011; Dec. 27, 2016; Mar. 21, 2017>
1. Territorial sea 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;
3. Environmental management sea areas designated under Article 15;
4. Submarine mining areas designated pursuant to Article 3 of the Submarine Mineral Resources Development Act.
(2) This Act shall apply to the prevention of marine pollution caused by ships of the Republic of Korea defined in Article 2 of the Ship Act (hereinafter referred to as "Korean ships") outside the sea areas, water zones, and zones referred to in each subparagraph of paragraph (1).
(3) This Act shall apply where ships other than Korean ships (hereinafter referred to as "foreign ships") are sailing or anchored inside the sea areas, water zones, and zones referred to in each subparagraph of paragraph (1): Provided, That Articles 32, 41-3 (2) through (5), 41-4, 49 through 54, 54-2, 56 through 58, 60, 112, and 113 shall not apply to foreign ships navigating internally. <Amended on Dec. 18, 2012; Mar. 24, 2020>
(4) Except as provided in this Act, the sulphur content standards for fuel oil under Article 44 and the quality standards for fuel oil under Article 45 shall be governed by the Petroleum and Alternative Fuel Business Act and the Clean Air Conservation Act.
(5) Except as provided in this Act, the disposal of pollutants 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. <Amended on Jun. 15, 2011; Jan. 17, 2017>
(6) Except as provided in this Act, the permissible emission limits of air pollutants, including nitrogen oxides, generated by the diesel engines of ships, shall be governed by the Clean Air Conservation Act.
 Article 4 (Relationship to International Conventions)
Where the standards for the marine environment and marine pollution, which are determined by an international convention internationally in force, conflict with the matters provided in this Act, the international convention shall prevail: Provided, That the same shall not apply where the matters provided in this Act contain higher standards than the international convention.
 Article 5 Deleted. <Mar. 21, 2017>
 Article 6 Deleted. <Mar. 21, 2017>
 Article 7 Deleted. <Mar. 21, 2017>
CHAPTER II MEASURES FOR PRESERVING AND MANAGING MARINE ENVIRONMENT
SECTION 1 Marine Environmental Inspection and Accuracy Control
 Article 8 Deleted. <Mar. 21, 2017>
 Article 9 (Marine Environmental Measuring Network)
(1) In order to implement comprehensive inspection of the marine environment pursuant to Article 18 (1) of the Act on Conservation and Utilization of the Marine Environment, the Minister of Oceans and Fisheries shall organize marine environmental measuring networks, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and measure the marine environment on a regular basis. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017>
(2) A Metropolitan City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may separately organize marine environmental measuring networks fit for the waters under his or her jurisdiction, referring to the marine environmental measuring networks organized by the Minister of Oceans and Fisheries pursuant to paragraph (1). In such cases, when the Mayor/Do Governor intends to organize marine environmental measuring networks in the waters under his or her jurisdiction or change any details thereof, he or she shall give prior notice thereof to the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 8, 2019>
 Article 10 (Korean Standard Method of Examination for Marine Environment)
The Minister of Oceans and Fisheries shall determine and publicly notify the Korean standard method of examination for the marine environment to ensure accuracy and consistency in surveys and assessments with regard to the marine environment, such as the organization and operation of marine environmental measuring networks under Article 9 (1). In such cases, if Korean Industrial Standards have been publicly notified under Article 12 (1) of the Industrial Standardization Act in connection with the Korean standard method of examination for the marine environment, the publicly notified Korean Industrial Standards shall prevail unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2015; Mar. 21, 2017>
 Article 11 (Marine Environmental Information Networks)
(1) The Minister of Oceans and Fisheries shall build marine environmental information networks and provide information on the marine environment to the public, pursuant to Article 21 of the Act on Conservation and Utilization of the Marine Environment. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017>
(2) If necessary to build marine environmental information networks under paragraph (1), the Minister of Oceans and Fisheries may request the heads of relevant administrative agencies to submit necessary data. Upon receipt of such request, the heads of the relevant administrative agencies shall comply therewith unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Matters necessary for building, operating, and managing marine environmental information networks under paragraphs (1) and (2) and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 12 (Accuracy Control for Marine Environmental Measuring and Analyzing Institutions)
(1) With respect to the institutions prescribed by Presidential Decree, which measure and analyze the state of the marine environment (hereinafter referred to as "measuring and analyzing institution") to conduct accuracy control of marine environment information under Article 22 of the Act on Conservation and Utilization of the Marine Environment, the Minister of Oceans and Fisheries may take necessary measures, including evaluation of their measuring and analyzing capabilities, provision of relevant educational programs, verification of measurement and analysis-related materials, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017>
(2) If deemed necessary upon accuracy control for a measuring and analyzing institution, the Minister of Oceans and Fisheries may order such institution to improve or supplement relevant devices and instruments or to take other necessary measures. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 12-2 (Criteria for Accuracy Control)
(1) The Minister of Oceans and Fisheries shall determine and publicly notify criteria for accuracy control (hereinafter referred to as “accuracy control criteria”) necessary with regard to the criteria and methods for surveying marine environment, processing obtained data, managing information, etc. pursuant to Article 12.
(2) Details of and methods for the accuracy control criteria and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 12-3 (Accuracy Control Plans)
(1) To perform surveys of marine environment that meet the accuracy control criteria, to process obtained data, and to manage information, institutions prescribed by Presidential Decree to conduct comprehensive surveys of the marine environment (hereinafter referred to as “survey institution”) shall prepare plans necessary for accuracy control and obtain approval from the Minister of Oceans and Fisheries.
(2) To promote accuracy control criteria, the Minister of Oceans and Fisheries may guide survey institutions prescribed by Presidential Decree in planning for accuracy control, acquiring required skills, etc.
(3) Matters regarding the criteria for preparing accuracy control plans, verification of and procedures for implementation of accuracy control plans, etc., pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 13 (Certification of Measuring and Analyzing Capabilities)
(1) The Minister of Oceans and Fisheries may certify the capabilities of a measuring and analyzing institution deemed in compliance with the measuring and analyzing standards prescribed by Ordinance of the Ministry of Oceans and Fisheries upon accuracy control. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall conduct regular accuracy control for measuring and analyzing institutions, the measuring and analyzing capabilities of which are certified under paragraph (1), every three years, and renew such certification accordingly: Provided, That where any modification of important matters prescribed by Ordinance of the Ministry of Oceans and Fisheries is made among matters the measuring and analyzing capabilities of which are certified, he or she shall conduct accuracy control at any time and renew the certification of measuring and analyzing capabilities accordingly. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) If a person whose measuring and analyzing capabilities have been certified falls under any of the following, the Minister of Oceans and Fisheries shall revoke his or her certification: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. If he or she has obtained the certification by fraud or other improper means;
2. If he or she fails to comply with the measuring and analyzing standards under paragraph (1) upon accuracy control under paragraph (2);
3. Other cases in which the certification of measuring and analyzing capabilities is inappropriate and which fall under the grounds prescribed by Presidential Decree.
(4) Procedures for filing an application for the certification of measuring and analyzing capabilities under paragraphs (1) and (2), issuance of a certificate, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
SECTION 2 Designation of Environmental Management Sea Areas
 Article 14 Deleted. <Mar. 21, 2017>
 Article 15 (Designation and Management of Environmental Management Sea Areas)
(1) If deemed necessary to preserve and manage the marine environment, the Minister of Oceans and Fisheries may designate and manage environmental preservation sea areas and specially-managed sea areas (hereinafter referred to as "environmental management sea areas") according to the following classification. In such cases, he or she shall have a prior consultation with the heads of relevant central administrative agencies, the competent Mayor/Do Governor, etc.:
1. Environmental preservation sea areas: Sea areas (including land that directly affects marine pollution) determined and publicly notified by the Minister of Oceans and Fisheries, from among the sea areas that have well-preserved marine environment and ecosystems and require continuous management to satisfy the marine environmental standards referred to in Article 13 (1) of the Act on Conservation and Utilization of the Marine Environment;
2. Specially-managed sea areas: Sea areas (including land that directly affects marine pollution) determined and publicly notified by the Minister of Oceans and Fisheries, from among the sea areas where it is impracticable to satisfy the marine environmental standards referred to in Article 13 (1) of the Act on Conservation and Utilization of the Marine Environment and the sea areas having substantial or potential obstacles to preserving the marine environment and ecosystems.
(2) Where the purpose of designating an environmental management sea area has been accomplished or lost or where it is necessary to expand, reduce, or otherwise adjust the scope of designation to achieve the original purpose of designation, the Minister of Oceans and Fisheries may wholly or partially revoke the designation of the environmental management sea area or change the scope of the designation and give public notice thereof. In such cases, the Minister of Oceans and Fisheries shall consult with the Mayor/Do Governor having jurisdiction over the relevant area in advance.
(3) Where the Minister of Oceans and Fisheries intends to designate, or to revoke or change the designation of, any environmental management sea area pursuant to paragraphs (1) and (2), he or she shall consider the following:
1. Results of inspecting marine environmental measuring networks under Article 9;
2. Results of examining residual pollutants under Article 39;
3. Results of national comprehensive investigations into marine ecosystems under Article 10 of the Conservation and Management of Marine Ecosystems Act;
4. Results of surveys of the marine environment and ecosystem conducted by the State or local governments for at least three consecutive years.
(4) Matters necessary for designating, revoking, or changing environmental management sea areas pursuant to paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Jan. 8, 2019]
[Previous Article 15 moved to Article 15-2 <Jan. 8, 2019>]
 Article 15-2 (Restriction on Activities in Environmental Management Sea Areas)
(1) Where the results of the measurement and examination of the state of the marine environment and sources of pollution in an environmental preservation sea area fail to meet the marine environmental standards under Article 13 (1) of the Act on Conservation and Utilization of the Marine Environment, and is thus deemed likely to cause serious damage to the health of citizens or the birth and breeding of living things, the Minister of Oceans and Fisheries may restrict the installation or modification of the facilities prescribed by Presidential Decree within the environment preservation sea area in question. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017; Jan. 8, 2019>
(2) Where the results of the measurement and examination of the state of the marine environment and sources of pollution in a specially-managed sea area fail to meet the marine environmental standards under Article 13 (1) of the Act on Conservation and Utilization of the Marine Environment, and is thus deemed likely to cause serious damage to the health of citizens and the birth and breeding of living things, the Minister of Oceans and Fisheries may take the following measures: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017; Jan. 8, 2019>
1. Restricting the installation or modification of facilities in the specially-managed sea area;
2. Controlling the total quantity of pollutants discharged from places of business located in the specially-managed sea area.
(3) Facilities, the installation or modification of which is restricted pursuant to each subparagraph of paragraph (2), details of restriction, scope of sea areas in which the total quantity of pollutants is controlled, items and method of control, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 8, 2019>
[Title Amended on Jan. 8, 2019]
[Moved from Article 15 <Jan. 8, 2019>]
 Article 16 (Formulation of Master Plans for Environmental Management Sea Areas)
(1) With respect to environmental management sea areas, the Minister of Oceans and Fisheries shall formulate a master plan for environmental management sea areas, including the following, every five years, and shall formulate and implement a management plan by sea area which aims at environmental conservation in a specific sea area after customizing the master plan for environmental management sea areas. In such cases, he or she shall have a prior consultation with the heads of relevant administrative agencies: <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
1. Matters regarding observation of the marine environment;
2. Matters regarding the examination and research of sources of pollution;
3. Matters regarding measures for the preservation and improvement of the marine environment;
4. Matters regarding assistance to residents, following environmental management;
5. Other matters prescribed by Presidential Decree, which are necessary for the management of environmental management sea areas.
(2) Master plans for environmental management sea areas shall be confirmed through deliberation by the Maritime Affairs and Fisheries Development Committee under Article 7 of the Framework Act on Marine Fishery Development. <Amended on Feb. 6, 2009; Jun. 15, 2011>
(3) When the Minister of Oceans and Fisheries has formulated a master plan for environmental management sea areas and management plans by sea area, he or she shall notify the heads of relevant administrative agencies thereof, and the heads of the relevant administrative agencies shall take necessary measures for the implementation thereof. <Amended on Jun. 15, 2011; Mar. 23, 2013>
(4) If necessary to formulate and implement management plans by sea area, the Minister of Oceans and Fisheries may separately operate a project management task force, which is comprised of public officials belonging to relevant central administrative agencies and local governments, experts, etc. In such cases, matters necessary for its composition and operation shall be prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
[Title Amended on Jun. 15, 2011]
 Article 17 (Submission of Master Plans for Environmental Management Sea Areas to National Assembly)
(1) Where the Minister of Oceans and Fisheries formulates a master plan for environmental management sea areas and a management plan by sea area, he or she shall submit them to the competent standing committee of the National Assembly without delay.
(2) Where the Minister of Oceans and Fisheries formulates a master plan for environmental management sea areas and a management plan by sea area, he or she shall publicize them as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Where necessary to formulate a master plan for environmental management sea areas and a management plan by sea area, the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies or Mayors/Do Governors to submit relevant data. In such cases, the heads of relevant central administrative agencies or Mayors/Do Governors upon receipt of such request shall comply with it unless there is good cause.
[This Article Newly Inserted on Jan. 8, 2019]
 Article 18 (Marine Environmental Improvement Measures)
(1) Any sea area management authority may take the following marine environmental improvement measures, as prescribed by Presidential Decree, if deemed necessary to prevent marine pollution caused by the inflow, spread, or accumulation, etc. of pollutants and to improve the marine environment: <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Dec. 27, 2016; Dec. 3, 2019>
1. Installation of facilities that prevent the inflow and spread of pollutants;
2. Collection and disposal of pollutants (excluding garbage);
3. Deleted. <Dec. 3, 2019>
4. Other projects prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are necessary to improve the marine environment.
(2) Where a sea area or zone subject to marine environmental improvement measures referred to in paragraph (1) extends over the jurisdictions of at least two Mayors/Do Governors or in any other case prescribed by Presidential Decree, the Minister of Oceans and Fisheries may take marine environmental improvement measures referred to in paragraph (1) in sea areas or zones falling under any subparagraph of Article 3 (1). In such cases, the Minister of Oceans and Fisheries shall have a prior consultation with the relevant Mayors/Do Governors. <Newly Inserted on Jun. 1, 2012; Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries may examine the sources of pollution in the marine environment in sea areas or zones referred to in the subparagraphs of Article 3 (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, if deemed necessary to preserve or manage the marine environment, or to prevent marine pollution. In such cases, the Minister of Oceans and Fisheries may request the head of a relevant administrative agency to jointly examine the polluted sea areas and facilities from which pollutants are discharged. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
(4) If deemed necessary upon examination of sources of pollution in the marine environment under paragraph (3), the Minister of Oceans and Fisheries may require a polluter referred to in Article 8 of the Act on Conservation and Utilization of the Marine Environment (hereinafter referred to as “polluter”) to take a marine environmental improvement measure referred to in any subparagraph of paragraph (1). <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Mar. 21, 2017>
(5) Methods for installing facilities preventing the inflow and spread of pollutants, methods for collecting and disposing of pollutants (excluding garbage), etc. in connection with the marine environmental improvement measures referred to in paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Dec. 27, 2016; Dec. 3, 2019>
SECTION 3 Marine Environmental Improvement Charges
 Article 19 (Marine Environmental Improvement Charges)
(1) The Minister of Oceans and Fisheries shall impose and collect a marine environmental improvement charge (hereinafter referred to as "charge") with respect to the following acts that have a significant impact on the marine environment and marine ecosystems: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 3, 2019>
1. Discharging garbage into the sea by a person who engages in the business of discharging garbage into the sea under Article 19 (1) 1 of the Management of Marine Garbage and Contaminated Marine Sediment Act;
2. Discharging pollutants at least in the quantity prescribed by Presidential Decree from ships or marine facilities.
3. Discharging garbage into the sea by insulating it in accordance with Article 9 (1) 2 of the Management of Marine Garbage and Contaminated Marine Sediment Act;
4. Storing carbon dioxide streams in a marine geological structure in accordance with Article 10 (1) of the Management of Marine Garbage and Contaminated Marine Sediment Act.
(2) No charge shall be imposed where the discharge of pollutants referred to in paragraph (1) 2 falls under any of the following cases: <Newly Inserted on Jun. 15, 2011>
1. Where such discharge is caused by a war, an act of God, or any other force majeure event;
2. Where such discharge is caused only by the intention of a third party: Provided, That it shall be limited to cases where there is no defect in the installation and management of ships or marine facilities;
3. Where such discharge occurs outside sea areas or waters referred to in Article 3 (1) 1 and 2, as prescribed by Presidential Decree.
(3) The kind and quantity of a pollutant discharged shall be considered in the calculation of a charge that is imposed by applying the imposition coefficients by kind of pollutants to the amount calculated by multiplying the quantity of the pollutant discharged by the amount of charge per unit. In such cases, the quantity discharged and the amount of charge imposed per unit on a pollutant, imposition coefficients by kind of pollutants, etc. shall be prescribed by Presidential Decree. <Amended on Jun. 15, 2011>
(4) The Minister of Oceans and Fisheries may allow persons liable to pay such charges in installments. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
(5) The Minister of Oceans and Fisheries shall contribute charges and surcharges collected under Article 20 (1) to the Fisheries Development Fund under Article 46 of the Framework Act on Fisheries and Fishing Villages Development (hereinafter referred to as "Fund"). <Amended on Feb. 29, 2008; Apr. 22, 2009; Jun. 15, 2011; Mar. 23, 2013; Jun. 22, 2015; Oct. 31, 2017>
(6) Procedures for the collection of charges under paragraphs (1) and (3), and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jun. 15, 2011>
 Article 20 (Compulsory Collection of Charges and Surcharges)
(1) Where a person liable to pay a charge fails to make payment by the due date, the Minister of Oceans and Fisheries shall collect a surcharge prescribed by Presidential Decree for the period from the date following the due date until the date of payment. In such cases, the surcharge shall not exceed 3/100 of the charge in arrears.
(2) Where a person liable to pay a charge fails to make payment by the due date, the Minister of Oceans and Fisheries shall demand the payment for a specified period of at least 30 days; and if he or she fails to pay the charge and the surcharge referred to in paragraph (1) within the period, they may be collected in the same manner as delinquent national taxes are collected.
[This Article Wholly Amended on Oct. 31, 2017]
 Article 21 (Use of Charges)
The charges contributed to the Fund pursuant to Article 19 (5) shall be used for the following projects: <Amended on Jun. 15, 2011; Dec. 27, 2016>
1. Projects for the prevention of marine pollution and restoration of the marine environment;
2. Projects for the preservation and management of the marine environment;
3. Projects for providing assistance to business entities which use the marine area in an environment-friendly way and to residents in coastal areas;
4. Projects concerning the marine environmental improvement measures under Article 18 (1);
5. Marine environment-related research and development projects;
6. Projects concerning examination, research, publicity, and training on the marine environment;
7. Fishing industry support projects, such as providing assistance for fishermen suffering from marine pollution;
8. Projects prescribed by Presidential Decree as those necessary for developing technologies for eco-friendly ships and using and distributing eco-friendly ships;
9. Projects prescribed by Presidential Decree, which are related to the projects provided for in subparagraphs 1 through 8.
CHAPTER III REGULATIONS FOR PREVENTING MARINE POLLUTION
SECTION 1 General Rules
 Article 22 (Prohibition of Discharge of Pollutants)
(1) No person shall discharge pollutants from ships into the sea: Provided, That the same shall not apply in the following cases: <Amended on Dec. 21, 2007; Feb. 29, 2008; Apr. 15, 2010; Mar. 23, 2013; Dec. 3, 2019>
1. Where the discharge of garbage generated during the sailing or mooring of a ship is intended, such garbage shall be discharged in compliance with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. Where oil is discharged according to the following classification:
(a) Where a ship discharges oil, such oil shall be discharged in compliance with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries, in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;
(b) Where an oiler discharges its ballast water mixed with cargo oil, and cleaning water and bilge water from the cargo hold, such water shall be discharged in compliance with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries, in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;
(c) Where an oiler discharges its ballast water from the cargo hold, such water shall be discharged to satisfy the cleanness requirements prescribed by Ordinance of the Ministry of Oceans and Fisheries;
3. Where noxious liquid substances are discharged according to the following classification:
(a) Where a noxious liquid substance is discharged, it shall be discharged in compliance with the method of pre-treatment and discharge prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;
(b) Where ships' cleaned ballast water is discharged from a cargo hold (including equipment for discharging ballast water) used for the bulk transportation of noxious liquid substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, it shall be discharged in compliance with the method of purification prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) No person shall discharge pollutants generated in places prescribed by Presidential Decree, such as marine facilities, bathing beaches, and estuaries (hereinafter referred to as "marine space"), into the sea: Provided, That the same shall not apply in the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Discharging garbage generated in marine facilities or marine space (hereinafter referred to as "marine facilities, etc.") in compliance with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. Discharging oil or noxious liquid substances generated in marine facilities, etc. in compliance with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Notwithstanding paragraphs (1) and (2), pollutants (excluding garbage; hereafter in this Article the same shall apply) generated in ships, marine facilities, etc. may be discharged into the sea in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 3, 2019>
1. Where pollutants are inevitably discharged to ensure the safety of ships, marine facilities, etc. or to save lives;
2. Where pollutants are inevitably discharged due to damage to ships, marine facilities, etc.;
3. Where pollutants are inevitably discharged in an effort to minimize pollution damage by the method prescribed by Ordinance of the Ministry of Oceans and Fisheries in a pollution accident caused by ships, marine facilities, etc.
 Article 22-2 (Rate of Garbage Discharge)
(1) Every ship owner (in the case of leased ships, referring to ship lessees; hereinafter the same shall apply) who intends to discharge garbage generated while the ship is on a navigation or at anchor, into the waters prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall comply with the requirement for garbage discharge rate (meaning the amount of garbage discharged per hour in relation to the draft and velocity of the ship; hereinafter the same shall apply) approved by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 24, 2020>
(2) Every ship owner who discharges garbage pursuant to paragraph (1) shall record the place where garbage is discharged and the amount of garbage discharged, etc. in the engine logbook of the ship. <Newly Inserted on Mar. 24, 2020>
(3) Such matters as the types of garbage the rate of discharge of which shall be approved and approval process for the rate of discharge under paragraph (1) and methods of making entries in the engine logbook under paragraph (2), etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 24, 2020>
[This Article Newly Inserted on Dec. 27, 2016]
 Article 23 Deleted. <Dec. 3, 2019>
 Article 24 (Marine Pollution Prevention Activities)
(1) Deleted. <Dec. 3, 2019>
(2) Any sea area management authority may engage in examination or measurement activities prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as water analysis in marine space, where deemed necessary to prevent pollution. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Any sea area management authority may operate ships or disposal facilities necessary to prevent pollution, such as examination, and measurement under paragraphs (2). <Amended on Dec. 3, 2019>
(4) Deleted. <Dec. 3, 2019>
SECTION 2 Marine Pollution Prevention in Ships
 Article 25 (Installation of Garbage Pollution Prevention Equipment)
(1) Every ship owner prescribed by Ordinance of the Ministry of Oceans and Fisheries shall install equipment to store or dispose of garbage generated on the ship and prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as "garbage pollution prevention equipment") in compliance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2020>
(2) Every garbage pollution prevention equipment installed pursuant to paragraph (1) shall be maintained and operated in compliance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 26 (Installation of Oil Pollution Prevention Equipment)
(1) Every ship owner shall install equipment for preventing the discharge of oil generated on the ship (hereinafter referred to as "oil pollution prevention equipment") in his or her ship or provide a container to store oil refuse. In such cases, ships subject thereto, criteria for installation, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 20, 2019>
(2) Every ship owner shall have a hull structure, etc. capable of preventing the discharge of oil in the event of collision or stranding of the ship or other marine accidents. In such cases, ships subject thereto, criteria for hull structures, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Every oil pollution prevention equipment installed pursuant to paragraph (1) shall be maintained and operated in compliance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 27 (Installation of Noxious Liquid Substance Pollution Prevention Equipment)
(1) Every owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, which transports noxious liquid substances in bulk, shall install equipment to store or dispose of such noxious liquid substances on the ship or equipment to prevent marine pollution which may be caused by such noxious liquid substances (hereinafter referred to as "noxious liquid substance pollution prevention equipment") in compliance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) Every owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, which transports noxious liquid substances in bulk, shall install and maintain a cargo hold on the ship in compliance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries in order to prevent the discharge of the noxious liquid substances in the event of collision or stranding of the ship or other marine accidents. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Every ship owner referred to in paragraph (1) shall prepare a procedures and arrangements manual in compliance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries and provide it to the master of the ship after obtaining an approval seal from the Minister of Oceans and Fisheries thereto. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Every noxious liquid substance pollution prevention equipment installed pursuant to paragraph (1) shall be maintained and operated in compliance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 28 (Restriction on Loading Ships' Ballast Water and Oil)
(1) No ship's ballast water shall be loaded in the cargo holds of the oilers prescribed by Ordinance of the Ministry of Oceans and Fisheries and fuel oil tanks of the ships prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to the cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, in which a trial run of a newly built ship is conducted and it is necessary to ensure the safety of a ship. <Amended on Dec. 21, 2007; Feb. 29, 2008; Mar. 23, 2013>
(2) No oil shall be loaded in any tank installed in front of the forepeak tank and collision bulkhead of ships prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
[Title Amended on Dec. 21, 2007]
 Article 29 (Transportation of Harmful Substances in Packaged Form)
Any person who intends to transport a harmful substance in packaged form by ship shall do so in compliance with the conditions of packing and marking, loading method, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 30 (Management of Ship Pollutant Record Books)
(1) Every shipmaster (in the case of a towed ship, referring to the ship owner) shall keep record books as classified in the following (hereinafter referred to as "ship pollutant record books") on the ship (in the case of a towed ship, referring to the office of the ship owner) with respect to garbage, oil, and noxious liquid substances used, transported, or disposed of on the ship, and record the quantity of use, transportation, or disposal thereof: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. A garbage record book: A book which records the total quantity, etc. of garbage generated or disposed of on a ship of at least a specific size prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where a marine environmental management business entity prepares and keeps a ledger of disposal pursuant to Article 72 (1), the garbage record book shall be substituted by such ledger of disposal;
2. An oil record book: A book which records the quantities of oil used and disposed of on a ship: Provided, That ships prescribed by Ordinance of the Ministry of Oceans and Fisheries shall be excluded, and in the case of oilers, the quantity of oil shipped shall be recorded in addition to the quantities of oil used and disposed of;
3. A cargo record book for ship carrying noxious liquid substances in bulk: A book which records the quantities of shipment and disposal of noxious liquid substances which are shipped in bulk.
(2) The ship pollutant record books shall be kept for three years from the last entries; and detailed entries, method of keeping, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 31 (Management of Shipboard Marine Pollution Emergency Plan)
(1) Every ship owner shall establish a shipboard marine pollution emergency plan to prepare for pollution caused by oil and noxious liquid substances (hereinafter referred to as "shipboard marine pollution emergency plan"), which includes measures to be taken in the event that oil or noxious liquid substances are discharged into the sea, and shall keep the plan on the ship after obtaining an approval seal from the Commissioner of the Korea Coast Guard and shall implement measures, etc. specified in the shipboard marine pollution emergency plan. <Amended on Jun. 1, 2012; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017>
(2) If a ship owner who has obtained an approval seal on a shipboard marine pollution emergency plan under paragraph (1) intends to modify any important matters in the shipboard marine pollution emergency plan prescribed by Ordinance of the Ministry of Oceans and Fisheries, he or she shall prepare a modified shipboard marine pollution emergency plan and keep it on the relevant ship after obtaining the approval seal from the Commissioner of the Korea Coast Guard. <Newly Inserted on Oct. 31, 2017>
(3) The scope of ships required to keep a shipboard marine pollution emergency plan, entries therein, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 31, 2017>
[Title Amended on Dec. 27, 2016]
 Article 32 (Marine Pollution Prevention Managers in Ships)
(1) The owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries shall appoint a person qualified as prescribed by Presidential Decree from among crew members of the ship as a marine pollution prevention manager to manage the prevention of discharge of pollutants and air pollutants from the ship, assisting the shipmaster. In such cases, where ships transport noxious liquid substances in bulk, at least one additional shall be appointed as a marine pollution prevention manager in charge of noxious liquid substances. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2020>
(2) Every ship owner shall keep a document evidencing the appointment of a marine pollution prevention manager under paragraph (1) on the ship.
(3) If a marine pollution prevention manager becomes temporarily unable to perform his or her duties due to a trip, disease or any other reason, the ship owner who has appointed him or her pursuant to paragraph (1) shall appoint a person qualified as prescribed by Presidential Decree as a substitute to perform the duties of the marine pollution prevention manager on his or her behalf. In such cases, the period during which the substitute performs the duties of the marine pollution prevention manager shall not exceed 30 days. <Newly Inserted on Oct. 31, 2017; Mar. 24, 2020>
(4) A ship owner shall have a marine pollution prevention manager under paragraph (1) or the substitute for a marine pollution prevention manager under paragraph (3) direct and supervise the transfer or discharge of pollutants and air pollutants. <Newly Inserted on Oct. 31, 2017>
(5) Except as provided in paragraphs (1) through (4), duties of and matters to be observed by, a marine pollution prevention manager and his or her substitute, and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 31, 2017; Mar. 24, 2020>
[Title Amended on Oct. 31, 2017]
 Article 32-2 (Management of Transfer of Oil Cargo between Oil Tankers at Sea)
(1) Every ship owner who intends to transfer oil cargoes between oil tankers (hereinafter referred to as “ship-to-ship”) at sea shall prepare a plan stating matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the transfer method (hereinafter referred to as "ship-to-ship operation plan"), keep the plan in the ship after obtaining an approval seal from the Minister of Oceans and Fisheries, and comply with the plan during transfer. <Amended on Mar. 23, 2013>
(2) Every shipmaster shall record matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, including the amount and time of transfer, on the oil record book relating to the ship-to-ship operation and retain the record book for three years from the date of the last entry. <Amended on Mar. 23, 2013>
(3) Every shipmaster who intends to engage in ship-to-ship operations in a sea area or waters referred to in Article 3 (1) 1 and 2 shall in advance report the operation plan to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>
(4) Ships required to keep ship-to-ship operation plans and procedures for obtaining the approval seal referred to in paragraph (1), the recording of operation for transfer of oil cargo between oil tankers at sea referred to in paragraph (2), reporting items and methods referred to in paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Jun. 15, 2011]
SECTION 3 Marine Pollution Prevention in Marine Facilities
 Article 33 (Reporting on Marine Facilities and Reporting on Changes Thereof)
(1) The owner of a marine facility (including installers and operators, and where such facilities are leased, referring to the lessees of such facilities; hereinafter the same shall apply) shall report on such facility to the Minister of Oceans and Fisheries or a Mayor/Do Governor in accordance with the following classification. In the event of any change to the important matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such change shall also be reported. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2017; Feb. 18, 2020>
1. The exclusive economic zone defined in Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf, and marine facilities in the national trade ports and national coastal ports under Article 3 (2) 1 and (3) 1 of the Harbor Act: The Minister of Oceans and Fisheries;
2. Marine facilities in sea areas other than those referred to in subparagraph 1: The competent Mayor/Do Governor.
(2) Details of reporting on marine facilities, important matters subject to reporting on changes, relevant procedures and other matters under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Dec. 27, 2016>
[Title Amended on Dec. 27, 2016]
 Article 34 (Management of Marine Facility Pollutant Record Book)
(1) The owners of marine facilities handling oil and noxious liquid substances, which are prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall keep an oil and noxious liquid substance record book (hereinafter referred to as "marine facility pollutant record book") in the facilities and record therein the quantities of oil and noxious liquid substances used, entries regarding oil and noxious liquid substances brought into and out of the marine facilities, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) A marine facility pollutant record book shall be kept for three years from the date of last entries, and other necessary matters related to entries therein and method, etc. of management shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 35 (Management of Marine Facility Pollution Emergency Plan)
(1) The owner of a marine facility using and storing, or disposing of oil and noxious liquid substances shall prepare a marine pollution emergency plan (hereinafter referred to as "marine facility pollution emergency plan") which includes measures to be taken in the event that oil and noxious liquid substances are discharged into the sea, keep it in the marine facility after obtaining an approval seal from the Commissioner of the Korea Coast Guard, and shall implement measures, etc. referred to in the marine facility pollution emergency plan: Provided, That when it is impracticable to keep the emergency plan in the marine facility, it may be kept in the office of the owner of the marine facility. <Amended on Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017>
(2) If the owner of a marine facility who has obtained an approval seal on a marine facility pollution emergency plan under paragraph (1) intends to modify any important matters in the marine facility pollution emergency plan prescribed by Ordinance of the Ministry of Oceans and Fisheries, he or she shall prepare a modified marine facility pollution emergency plan and keep it in the relevant marine facility or the office of the owner of the relevant marine facility after obtaining an approval seal from the Commissioner of the Korea Coast Guard. <Newly Inserted on Oct. 31, 2017>
(3) Persons required to keep a marine facility pollution emergency plan, entries therein, and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 31, 2017>
[Title Amended on Dec. 27, 2016]
 Article 36 (Marine Pollution Prevention Manager in Marine Facility)
(1) The owner of a marine facility prescribed by Ordinance of the Ministry of Oceans and Fisheries shall appoint a person qualified as prescribed by Presidential Decree as a marine pollution prevention manager to perform the duties to prevent discharge of pollutants from the marine facility from among the employees working in the marine facility. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2020>
(2) Where the owner of a marine facility appoints a marine pollution prevention manager (including where the owner appoints a replacement for such manager), he or she shall report thereon, without delay, to the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 24, 2020>
(3) If a marine pollution prevention manager becomes temporarily unable to perform his or her duties due to a trip, disease, or any other reason, the owner of a marine facility shall appoint a person qualified as prescribed by Presidential Decree as a substitute to perform the duties of the marine pollution prevention manager on his or her behalf. In such cases, the period during which the substitute performs the duties of the marine pollution prevention manager shall not exceed 30 days. <Newly Inserted on Oct. 31, 2017; Mar. 24, 2020>
(4) The owner of a marine facility shall have a marine pollution prevention manager under paragraph (1) or the substitute for a marine pollution prevention manager under paragraph (3) direct and supervise the transfer and discharge of pollutants. <Newly Inserted on Oct. 31, 2017>
(5) Except as provided in paragraphs (1) through (4), qualifications for, duties of, and matters to be observed by, a marine pollution prevention manager and his or her substitute, and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 31, 2017; Mar. 24, 2020>
[Title Amended on Oct. 31, 2017]
 Article 36-2 (Safety Inspections of Marine Facilities)
(1) The owner of a marine facility related to oil and noxious liquid substances, which is prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall conduct a safety inspection of the marine facility.
(2) The owner of a marine facility who has conducted a safety inspection under paragraph (1) shall report, without delay, the result thereof to the Minister of Oceans and Fisheries, if requested by the Minister of Oceans and Fisheries or if any serious defect prescribed by Ordinance of the Ministry of Oceans and Fisheries is detected upon safety inspection. <Amended on Oct. 31, 2017>
(3) The owner of a marine facility who has conducted a safety inspection under paragraph (1) shall retain the results of the safety inspection for three years from the date of the completion of the safety inspection. <Newly Inserted on Oct. 31, 2017>
(4) Where the safety of a marine facility referred to in paragraph (1) is deemed questionable due to a force majeure, natural disaster, or any other similar cause, the Minister of Oceans and Fisheries may conduct a safety inspection on his or her own. In such cases, the owner of the relevant marine facility shall actively cooperate therein. <Amended on Oct. 31, 2017>
(5) The owner of a marine facility referred to in paragraph (1) may authorize an agency specializing in safety inspections and equipped with the facilities and devices prescribed by Presidential Decree to conduct a safety inspection of the relevant facility on his or her behalf. <Amended on Oct. 31, 2017>
(6) Period and methods for conducting safety inspections under paragraph (1), matters to be reported under paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Oct. 31, 2017>
[This Article Newly Inserted on Mar. 24, 2014]
SECTION 4 Collection and Disposal of Pollutants
 Article 37 (Collection and Disposal of Pollutants in Ships and Marine Facilities)
(1) The owner of a ship or marine facility shall require any of the following persons to collect and dispose of the substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the pollutants generated in the ship or marine facility: <Amended on Apr. 11, 2007; Feb. 29, 2008; Dec. 29, 2009; Jun. 1, 2012; Mar. 23, 2013; Oct. 31, 2017>
1. An installer or operator of a pollutant storage facility under Article 38 (1);
2. A person who engages in oil hold cleaning business under Article 70 (1) 3 (hereinafter referred to as "oil hold cleaning business entity").
(2) Notwithstanding paragraph (1), the owner of any of the following ships or marine facilities may require a waste treatment business entity under Article 25 (8) of the Wastes Control Act to collect and dispose of garbage generated in the relevant ship or marine facility as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Oct. 31, 2017; Mar. 24, 2020>
1. A marine facility (including a marine facility installed connectively between a sea area and land) located on land;
2. A ship being built in the shipbuilding yard;
3. A ship undergoing a trial operation before filing registration under Article 8 (1) of the Ship Act or Article 13 (1) of the Fishing Vessels Act;
4. A small ship with a gross tonnage of less than 20 tons;
5. A ship being repaired in a shipbuilding yard or a ship repair yard (limited to ships in which all pollutants generated during navigation have been collected and disposed of under paragraph (1));
6. A ship being dismantled.
 Article 38 (Pollutant Storage Facilities)
(1) Any sea area management authority shall install and operate a facility to store pollutants discharged from ships or marine facilities or discharged into the sea (hereinafter referred to as "pollutant storage facility").
(2) Any sea area management authority shall prepare and manage a ledger to manage pollutants brought into and out of a pollutant storage facility (hereinafter referred to as "pollutants management ledger"). In such cases, matters regarding ledger entries, preservation period, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Detailed criteria for the installation and operation of pollutant storage facilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
SECTION 5 Examination of Residual Organic Pollutants
 Article 39 (Examination of Residual Pollutants)
(1) The Minister of Oceans and Fisheries shall measure and examine the actual conditions, extent, etc. of pollution by residual pollutants, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, where the results of such measurement and examination show that there is a problem in the management of the marine environment, the Minister of Oceans and Fisheries shall take measures prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as prohibition on the use of, and request for restriction on the use of the relevant residual pollutants. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
(2) The Minister of Oceans and Fisheries may request necessary materials from relevant administrative agencies, as prescribed by Presidential Decree, when conducting measurement or examination pursuant to paragraph (1). In such cases, the head of a relevant administrative agency shall comply with such request unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries shall determine and publicly notify the Korean standard methods of examination for residual pollutants in order to ensure accuracy and consistency in conducting measurements and examinations under paragraph (1). In such cases, the publicly notified Korean standard methods of examination shall be deemed the Korean standard methods of examination for the marine environment referred to in Article 10. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
[Title Amended on Oct. 31, 2017]
 Article 40 (Prohibition on Use of Harmful Anti-Fouling Paints)
(1) No person shall use harmful anti-fouling paints, or equipment, etc. using such paints (hereinafter referred to as "harmful anti-fouling system") for ships, marine facilities, etc.
(2) Any person who intends to use anti-fouling paints, or to install equipment, etc. using such paints (hereinafter referred to as "anti-fouling system") for or in ships, marine facilities, etc. shall comply with the criteria and methods prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
CHAPTER IV REGULATIONS FOR PREVENTION OF AIR POLLUTION AT SEA
 Article 41 (Installation of Equipment to Prevent Discharge of Air Pollutants)
(1) Each ship owner shall install equipment to prevent or reduce the discharge of air pollutants on the ship (hereinafter referred to as "air pollution prevention equipment"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) Each air pollution prevention equipment installed pursuant to paragraph (1) shall be maintained and operated in compliance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 41-2 (Calculation of Ship Energy Efficiency Design Index)
(1) A person who intends to build or conduct any of the following conversion for, a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among ships of 400 gross tonnage and above, and engaged in international navigation, shall install a propulsion engine of not less than the minimum output determined and publicly notified by the Minister of Oceans and Fisheries and calculate the ship energy efficiency design index: <Amended on Mar. 23, 2013>
1. Conversion to substantially change the length, width, depth, transport capacity, or engine output of the ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. Conversion to change the service for which the ship is intended;
3. Conversion to extend the service life of the ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
4. Conversion, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, to substantially change the ship energy efficiency, such as a change exceeding the required value of the ship energy efficiency design index prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) No owner of any ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the ships referred to in paragraph (1), shall build or convert a ship, the ship energy efficiency design index of which calculated under paragraph (1) exceeds the required value of the ship energy efficiency design index prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Dec. 18, 2012]
 Article 41-3 (Keeping Ship Energy Efficiency Management Plans)
(1) The owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among ships of 400 gross tonnage and above and engaged in international navigation, shall prepare a plan stating the procedures and methods for the formulation, implementation, monitoring, evaluation, improvement, etc. of a plan for improving ship energy efficiency (hereinafter referred to as "ship energy efficiency management plan"), and keep it on board. <Amended on Mar. 23, 2013>
(2) The owner of a ship of at least 5,000 gross tonnage and above, from among ships that should keep the ship energy efficiency management plan pursuant to paragraph (1), shall request the Minister of Oceans and Fisheries to review the ship energy efficiency management plan he or she prepares. <Newly Inserted on Mar. 24, 2020>
(3) Upon receipt of a request for review pursuant to paragraph (2), the Minister of Oceans and Fisheries shall review whether the ship energy efficiency management plan meets the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries, and issue a confirmation of compliance of the ship energy efficiency management plan to the owner of the relevant ship, if the plan meets the criteria. <Newly Inserted on Mar. 24, 2020>
(4) The owner of a ship shall keep the confirmation of compliance of the ship energy efficiency management plan issued under paragraph (3) in the relevant ship. <Newly Inserted by Mar. 24, 2020>
(5) Except as provided in paragraphs (1) through (4), matters necessary for entries, methods of preparation, method of review of the ship energy efficiency management plan, the issuance of the confirmation of compliance of the ship energy efficiency management plan, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Mar. 24, 2020>
[This Article Newly Inserted on Dec. 18, 2012]
[Title Amended on Mar. 24, 2020]
 Article 41-4 (Reporting of Ship Fuel Oil Consumption)
(1) The owner of a ship who is issued a confirmation of compliance of the ship energy efficiency management plan pursuant to Article 41-3 (3) shall report matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the fuel oil consumption on ship for the relevant year and the sailing distance of the ship (hereinafter referred to as "ship fuel oil consumption etc."), to the Minister of Oceans and Fisheries by March 3 of the following year.
(2) Notwithstanding paragraph (1), where the relevant ship is no longer Korean ship or is no longer used due to sale or scrapping of the ship, etc., the owner of a ship shall report ship fuel oil consumption, etc. for the relevant year to the Minister of Oceans and Fisheries within a period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date the relevant cause arises.
(3) The Minister of Oceans and Fisheries shall verify the ship fuel oil consumption etc. reported under paragraph (1) or (2), and issue a statement of compliance regarding ship fuel oil consumption, etc. to the owner of the relevant ship (in cases falling under paragraph (2), referring to a person who reports pursuant to the same paragraph), if it meets the criteria.
(4) The owner of a ship shall keep a statement of compliance regarding fuel oil consumption, etc. under paragraph (3) in the relevant ship.
(5) The Minister of Oceans and Fisheries shall submit the results of verifying the fuel oil consumption, etc. under paragraph (3) to the International Maritime Organization.
(6) Matters necessary for the reporting of and verification method of the ship fuel oil consumption, etc., the issuance of a statement of compliance regarding ship fuel oil consumption, etc., and the submission of the results of verification to the International Maritime Organization under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on Mar. 24, 2020]
 Article 42 (Regulation for Emission of Ozone Depleting Substances)
(1) No person shall emit (including emission generated during maintenance and repair or the installation of device or equipment) ozone depleting substances from ships: Provided, That the same shall not apply where ozone depleting substances are leaked in processing of recovery.
(2) No ship owner shall install a ship with any equipment containing ozone depleting substances.
(3) When a ship owner removes equipment containing ozone depleting substances, he or she shall deliver such equipment to a company or an organization designated and publicly notified by the Minister of Oceans and Fisheries. In such cases, the designated or publicly notified company or organization shall be equipped with recovery equipment, accommodation facilities, etc. which meet the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) The owner of a ship of 400 gross tonnage and above which is engaged in international navigation shall prepare and manage a list of equipment containing ozone depleting substances. <Newly Inserted on Jun. 15, 2011>
(5) The owner of a ship referred to in paragraph (4) shall, when emitting ozone depleting substances from the ship or charging the ship with ozone depleting substances, prepare and keep a record book which records the amount of the ozone depleting substances, etc. (hereinafter referred to as "ozone depleting substance record book"). <Newly Inserted on Jun. 15, 2011>
(6) Methods and procedures for designating company or organization referred to in paragraph (3), entries in the ozone depleting substance record book prescribed in paragraph (5), etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 24, 2020>
 Article 43 (Regulation on Emission of Nitrogen Oxides)
(1) No ship owner shall operate diesel engines prescribed by Ordinance of the Ministry of Oceans and Fisheries in excess of the permissible emission limit of nitrogen oxides specified in Article 76 (1) of the Clean Air Conservation Act: Provided, That the same shall not apply to diesel engines mounted on ships for the purpose of any emergency, such as emergency ships and lifeboats, and on public ships for the purpose of national defense and public security, such as military ships and fleets of the Korea Coast Guard: <Amended on Apr. 27, 2007; Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) Notwithstanding paragraph (1), where it is possible to reduce the emission of nitrogen oxides below the permissible emission limit referred to in the main clause of paragraph (1) with the mounting of an exhaust gas cleaning system meeting the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries, on a diesel engine, such diesel engine may be operated. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Such details as the time and method of applying permissible emission limits of nitrogen oxides for diesel engines referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Jun. 15, 2011; Mar. 23, 2013>
 Article 44 (Sulphur Content Standards for Fuel Oil)
(1) No ship owner shall use fuel oil exceeding the sulphur content standards prescribed by Presidential Decree by classifying sea areas into sulphur oxides emission control sea area and other sea areas: Provided, That the same shall not apply to any of the following cases: <Amended on Mar. 24, 2020>
1. Where he or she mounts and operates an exhaust gas purifying device meeting the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries and reduces the quantity of sulfur oxide emissions below the permissible emission standards for sulfur oxides prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. Where the relevant ship fails to be supplied fuel oil meeting the sulphur contents standards in an adjacent harbor of a sea area in which the ship is operated despite the effort to be supplied fuel oil meeting the sulphur contents standards prescribed in the main clause of this paragraph, with the exception of its subparagraphs, and where the ship is recognized by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Deleted. <Mar. 24, 2020>
(3) Each ship owner shall record the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, including the fuel oil change-over, in the engine logbook in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2020>
1. Where it navigates in sulphur oxides emission control sea area;
2. Where it fails to reduce the quantity of sulphur oxides emissions below the permissible emission standards for sulphur oxides referred to in paragraph (1) 1 due to the improper operation of an exhaust gas purifying device referred to in the same subparagraph;
3. Where it falls under paragraph (1) 2.
(4) Each ship owner shall retain the engine logbook referred to in paragraph (3) in the ship for one year from the supply of the relevant fuel oil.
(5) Each ship owner shall keep a procedure manual stating the methods for fuel oil change-over (hereinafter referred to as "procedure manual for fuel oil change-over") in the ship, which must be followed by the ship using fuel oil with different sulphur content stored in different tanks to meet the sulphur content standards for fuel oil referred to in paragraph (1) before entering or leaving sulphur oxides emission control sea areas. <Newly Inserted on Jun. 15, 2011; Mar. 24, 2020>
 Article 44-2 (Prohibition of Loading Noncompliant Fuel Oil)
No ship owner shall load a ship with fuel oil exceeding the sulphur contents standards referred to in Article 44 (1) (referring to the sulphur contents standards in sea areas other than sulphur oxides emission control sea area; hereafter the same shall apply in Article 45): Provided, That the same shall not apply in any of the following cases:
1. Where the ship falls under any subparagraph of Article 44 (1);
2. Where the ship transports fuel oil as a cargo.
[This Article Newly Inserted on Mar. 24, 2020]
 Article 45 (Supply and Confirmation of Fuel Oil)
(1) None of the following persons who supplies fuel oil to ships (hereinafter referred to as "ship fuel oil supplier") shall supply ships with fuel oil which is below the quality standards for fuel oil prescribed by Presidential Decree or exceeds the sulphur content standards under Article 44 (1): Provided, That the same shall not apply where a ship supplied with fuel oil falls under Article 44 (1) 1: <Amended on Oct. 31, 2017; Mar. 24, 2020>
1. A person who is registered as a ship fuel oil supplier under Article 26-3 of the Harbor Transport Business Act;
2. Fisheries cooperatives supplying tax-free fuel oil for the fishing industry pursuant to Article 106-2 of the Restriction of Special Taxation Act.
(2) Each ship fuel oil supplier shall prepare a bunker delivery note which states sulphur compounds, etc. contained in the fuel oil, and provide a copy thereof to the ship owner together with a sample collected from the relevant fuel oil (hereinafter referred to as "fuel oil sample"): Provided, That the same shall not apply to ship fuel oil suppliers who supply fuel oil to small ships prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Aug. 20, 2019>
(3) Every ship fuel oil supplier (excluding those referred to in the proviso of paragraph (2)) shall retain bunker delivery notes under paragraph (2) in his or her principal office for three years, and ship owners shall retain copies thereof in their ships for three years. <Amended on Oct. 31, 2017>
(4) Every ship owner shall retain fuel oil samples from the supply of fuel oil until the use-up of such fuel oil: Provided, That where the period until such fuel oil is consumed is less than one year, he or she shall retain the fuel oil samples for a period classified as follows: <Amended on Aug. 20, 2019; Mar. 24, 2020>
1. Ships prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as ships engaged exclusively in domestic navigation: The period prescribed by Ordinance of the Ministry of Oceans and Fisheries, which shall not exceed six months;
2. Ships other than those referred to in subparagraph 1: One year.
(5) Matters regarding the form of the bunker delivery note, management of fuel oil samples under paragraph (2), etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(6) Where any of the following applies to a foreign ship fuel oil supplier, the Minister of Oceans and Fisheries may notify the fact to the relevant administrative authorities of the country to which the foreign ship fuel oil supplier belongs and take other necessary measures: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
1. Where the foreign ship fuel oil supplier supplies fuel oil which is below the quality standards under paragraph (1) or exceeds the sulphur content standards;
2. Where the foreign ship fuel oil supplier is found to have supplied fuel oil different from that indicated in the bunker delivery note.
 Article 46 (Prohibition on Shipboard Incineration)
(1) No person shall incinerate any of the following on board a ship while the ship is sailing or anchored: Provided, That the same shall not apply to the substance referred to in subparagraph 5 burned in a shipboard incinerator prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
1. Residues of oil, noxious liquid substances, and harmful substances in packaged form, which are carried by freight, and packing materials contaminated with such substances;
2. Poly chlorinated biphenyl;
3. Garbage containing heavy metals above the permissible levels determined and publicly notified by the Minister of Oceans and Fisheries;
4. Refined petroleum products containing halogen compounds;
5. Polyvinyl chloride;
6. Garbage brought from ashore;
7. Residues in gas cleaning system.
(2) Any ship owner, who intends to incinerate on board the ship substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the substances generated while the ship is sailing or anchored, shall operate an incinerator installed on the ship (hereinafter referred to as "shipboard incinerator") by the method prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as maintaining an appropriate temperature to prevent the emission of air pollutants. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Notwithstanding paragraph (2), the substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the substances generated while the ship is sailing or anchored, may be incinerated in the main or auxiliary engine or boiler on the ship: Provided, That the same shall not apply to the sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as harbors and fishing port zones. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Shipboard incinerators shall be maintained in compliance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 47 (Emission Control for Volatile Organic Compounds)
(1) The Minister of Oceans and Fisheries may determine and publicly notify volatile organic compounds control ports to control the emission of volatile organic compounds from ships. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The owner of a marine facility, who installs a facility to load volatile organic compounds-containing oil or noxious liquid substances prescribed by Ordinance of the Ministry of Oceans and Fisheries on board in a volatile organic compounds control port designated pursuant to paragraph (1), shall install and operate a vapour emissions control system. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) When the owner of a marine facility referred to in paragraph (2) installs a vapour emissions control system, he or she shall be subject to inspection in advance by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to air pollutant emission facilities, the installation of which is permitted or reported under Article 23 (1) of the Clean Air Conservation Act or volatile organic compounds emission facilities, the installation of which is reported under Article 44 (1) of the same Act. <Amended on Apr. 27, 2007; Feb. 29, 2008; Mar. 23, 2013>
(4) The owner of a marine facility who has installed a vapour emissions control system under paragraph (2) shall retain a record of the operation of the vapour emissions control system, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, for three years from the date he or she starts operating the system. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 47-2 (Management of Volatile Organic Compounds)
(1) The owner of an oiler transporting crude oil shall prepare a management plan which includes matters necessary to minimize the emission of volatile organic compounds during loading or unloading or during navigation (hereinafter referred to as "volatile organic compounds management plan"), and keep such plan on board the ship after obtaining an approval seal from the Minister of Oceans and Fisheries, and shall comply with such plan. <Amended on Mar. 23, 2013>
(2) Ships required to maintain volatile organic compounds management plans referred to in paragraph (1), entries therein, procedures for obtaining an approval seal, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Jun. 15, 2011]
 Article 48 (Application Exceptions)
Articles 41, 42 through 47, and 47-2 shall not apply in any of the following cases: <Amended on Feb. 29, 2008; Dec. 18, 2012; Mar. 23, 2013; Mar. 24, 2020>
1. Where air pollutants are inevitably emitted to ensure the safety of ships and marine facilities, or to save lives;
2. Where air pollutants are inevitably emitted due to damage to ships or marine facilities, etc.;
3. Where air pollutants prescribed by Ordinance of the Ministry of Oceans and Fisheries are emitted in the course of exploring and excavating submarine minerals on the seabed;
4. Where a person conducts a trial operation of the relevant equipment for a preliminary survey, etc. of air pollution prevention equipment referred to in Article 54.
CHAPTER V SURVEY OF SHIPS FOR PREVENTING MARINE POLLUTION
 Article 49 (Renewal Survey)
(1) The owner of a ship on which garbage pollution prevention equipment, oil pollution prevention equipment, noxious liquid substance pollution prevention equipment, and air pollution prevention equipment (hereinafter referred to as "marine pollution prevention equipment") must be installed or in which a hull structure referred to in Article 26 (2) and a cargo hold referred to in Article 27 (2) must be installed or maintained (hereinafter referred to as "ship subject to survey") shall undergo a survey conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "renewal survey"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, when he or she intends to use such marine pollution prevention equipment, hull, and cargo hold (hereinafter referred to as "marine pollution prevention equipment, etc.") for sailing for the first time after they are installed or when the term of validity under Article 56 expires. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue a marine pollution prevention certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to the ships that have passed a renewal survey. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 50 (Intermediate Survey)
(1) The owner of a ship subject to survey shall undergo a survey conducted by the Minister of Oceans and Fisheries between renewal surveys (hereinafter referred to as "intermediate survey"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) With respect to the ships which have passed an intermediate survey, the Minister of Oceans and Fisheries shall indicate the findings thereof in a marine pollution prevention certificate issued under Article 49 (2). <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Details and items of intermediate survey and matters to be inspected shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 51 (Occasional survey)
(1) When the owner of a ship subject to survey intends to replace, convert, or repair marine pollution prevention equipment, etc., he or she shall undergo a survey conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "occasional survey"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) With respect to the ships which have passed an occasional survey, the Minister of Oceans and Fisheries shall indicate the findings thereof in a marine pollution prevention certificate issued under Article 49 (2). <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 52 (Temporary Navigation Survey)
(1) When the owner of a ship subject to survey intends to temporarily use the ship for navigation before a marine pollution prevention certificate is issued under Article 49 (2), he or she shall undergo a survey conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "temporary navigation survey"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, for the relevant marine pollution prevention equipment, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue a temporary marine pollution prevention certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to a ship which has passed a temporary navigation survey. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 53 (Anti-Fouling System Survey)
(1) When the owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries intends to use an anti-fouling system for navigation after installing it on the ship pursuant to Article 40 (2), he or she shall undergo a survey conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "anti-fouling system survey"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue an anti-fouling system certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to a ship which has passed an anti-fouling system survey. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) When the owner of a ship referred to in paragraph (1) intends to modify or replace an anti-fouling system, he or she shall undergo a survey conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "temporary anti-fouling system survey"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) With respect to ships which have passed a temporary anti-fouling system survey, the Minister of Oceans and Fisheries shall indicate the findings thereof in the anti-fouling system certificate under paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 54 (Preliminary Survey of Air Pollution Prevention Equipment)
(1) Any person who intends to manufacture, convert, repair, maintain, or import air pollution prevention equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries may undergo a survey conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "preliminary survey"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue a certificate of articles for ship use prescribed by Ordinance of the Ministry of Oceans and Fisheries to air pollution prevention equipment which have passed a preliminary survey. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) With respect to air pollution prevention equipment which have passed a preliminary survey, renewal survey, intermediate survey, occasional survey, and temporary navigation survey provided for in Articles 49 through 52 may be fully or partially omitted, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Matters regarding the items of a preliminary survey, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 54-2 (Energy Efficiency Survey)
(1) The owner of a ship referred to in Article 41-2 (1) or the owner of a ship referred to in Article 41-3 (1) shall undergo a survey on ship energy efficiency conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "energy efficiency survey"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue an international energy efficiency certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to a ship which has passed an energy efficiency survey. <Amended on Mar. 23, 2013>
(3) Matters regarding the time for applying for an energy efficiency survey, survey matters, survey methods, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Dec. 18, 2012]
 Article 55 (Issuance of Convention Certificates)
(1) When the owner or master of a ship which has passed a renewal survey, intermediate survey, occasional survey, temporary navigation survey, and anti-fouling system survey (hereinafter referred to as "marine pollution prevention survey") applies for the issuance of a survey certificate in compliance with an international convention on marine pollution prevention in order to use the ship for international navigation (hereinafter referred to as "convention certificate"), the Minister of Oceans and Fisheries shall issue a convention certificate, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) Where a ship owner or a ship master intends to obtain a convention certificate directly from the government of a foreign country which is a party to the international convention (hereinafter referred to as "party to the convention"), he or she shall apply therefor through the Korean consul residing in the relevant foreign country.
(3) Where the government of a country which is a party to the convention applies for the issuance of a convention certificate for a ship belonging to the country, the Minister of Oceans and Fisheries may conduct the marine pollution prevention survey with respect to the ship and issue a convention certificate to the ship owner or ship master. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) A convention certificate issued under paragraphs (1) through (3) shall be deemed to have the same effect as a marine pollution prevention certificate and anti-fouling system certificate.
 Article 56 (Validity of Marine Pollution Prevention Certificates)
(1) A marine pollution prevention certificate, an anti-fouling system certificate, an international energy efficiency certificate, and a convention certificate shall be valid for the following periods: <Amended on Dec. 18, 2012>
1. A marine pollution prevention certificate: Five years;
2. An anti-fouling system certificate: Permanent;
3. An international energy efficiency certificate: Permanent;
4. A convention certificate: Five years.
(2) The Minister of Oceans and Fisheries may extend the validity of a marine pollution prevention certificate and a convention certificate under paragraph (1) within the scope prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) The validity of a marine pollution prevention certificate and a convention certificate of a ship which has failed to pass an intermediate survey or occasional survey shall be suspended until the ship passes the intermediate survey or occasional survey.
(4) The criteria and method for computing the validity under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 57 (Navigation of Ships to Which Marine Pollution Prevention Certificate Is Not Issued)
(1) No ship owner shall operate any ship for navigation, which is subject to survey and to which a marine pollution prevention certificate, temporary marine pollution prevention certificate, anti-fouling system certificate, or international energy efficiency certificate is not issued: Provided, That the same shall not apply where such ship navigates to undergo a marine pollution prevention survey, energy efficiency survey, or ship survey under Articles 7 through 12 of the Ship Safety Act. <Amended on Dec. 18, 2012>
(2) No ship owner shall use any ship, to which a convention certificate is not issued, for international navigation.
(3) No ship owner shall operate any ship for navigation (including international navigation) in a manner violating any of the conditions indicated in the relevant marine pollution prevention certificate, temporary marine pollution prevention certificate, anti-fouling system certificate, international energy efficiency certificate, and convention certificate (hereinafter referred to as "marine pollution prevention certificate, etc."): Provided, That the same shall not apply where a ship navigates to undergo a marine pollution prevention survey, energy efficiency survey, or ship survey under Articles 7 through 12 of the Ship Safety Act. <Amended on Dec. 18, 2012>
(4) Any ship owner to whom a marine pollution prevention certificate, etc. have been issued shall keep the marine pollution prevention certificate, etc. in the relevant ship.
 Article 58 (Measures against Noncompliant Ships)
(1) Where the Minister of Oceans and Fisheries deems that marine pollution prevention equipment, etc., anti-fouling systems, or the sulphur contents of fuel oil, etc. are not in compliance with the installation standards, technical standards, or sulphur content standards, etc. under Articles 25 (1), 26 (1) and (2), 27 (1) and (2), 40 (2), 41 (1), or 44 (1), he or she may order the owner of the relevant ship to replace, convert, change, or repair the marine pollution prevention equipment, etc., anti-fouling systems, or fuel oil or to take other necessary measures. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2020>
(2) Where a ship owner intends to continuously use or uses his or her ship against an order of replacement, etc. issued to address a material defect in marine pollution prevention equipment, etc. and anti-fouling systems, from among the orders for improvement under paragraph (1), the Minister of Oceans and Fisheries may suspend the navigation of such ship: Provided, That the same shall not apply where good cause exists, such as the navigation of the ship to a harbor for repair in order to comply with the orders for improvement without any fear of marine pollution. <Amended on Dec. 29, 2009; Mar. 23, 2013>
(3) In any of the following cases, the Minister of Oceans and Fisheries may order the relevant ship owner to take necessary measures, such as corrections, replacement, conversion, and keeping such plan on board: <Amended on Dec. 18, 2012; Mar. 23, 2013>
1. Where it is deemed that the ship energy efficiency fails to meet the calculation method or required value of the ship energy efficiency design index, or the minimum output of propulsion engine under Article 41-2;
2. Where a ship energy efficiency management plan is not in place.
 Article 59 (Port State Control for Marine Pollution Prevention)
(1) Where the Minister of Oceans and Fisheries deems that marine pollution prevention equipment, etc. or anti-fouling systems installed on a foreign ship in any harbor, port, or coastal areas of Korea, the sulphur contents of fuel oil or ship energy efficiency thereof are not in compliance with the technical standards or sulphur content standards under an international convention on marine pollution prevention, he or she may order the master of the foreign ship to replace, convert, change, repair, or improve the marine pollution prevention equipment, etc., anti-fouling systems, or equipment related to fuel oil or ship energy efficiency, etc. or to take other necessary measures (hereinafter referred to as "port state control"). <Amended on Feb. 29, 2008; Dec. 18, 2012; Mar. 23, 2013; Mar. 24, 2020>
(2) Articles 68 through 70 of the Ship Safety Act shall apply mutatis mutandis to procedures for enforcing port state control.
 Article 60 (Resurvey)
(1) Where a person who has undergone a marine pollution prevention survey, preliminary survey, or energy efficiency survey has an objection to the results thereof, he or she may apply for resurvey to the Minister of Oceans and Fisheries, stating the grounds therefor, within 90 days from the receipt of such results. <Amended on Feb. 29, 2008; Dec. 18, 2012; Mar. 23, 2013>
(2) Upon receipt of an application for resurvey pursuant to paragraph (1), the Minister of Oceans and Fisheries shall require a public official under his or her jurisdiction to conduct a resurvey and notify the applicant of the results thereof within 60 days: Provided, That where there is any unavoidable cause, the deadline for such notification may be extended by up to 30 days. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) No person who has an objection to any marine pollution prevention survey, preliminary survey, or energy efficiency survey shall initiate administrative litigation, without resurvey under paragraphs (1) and (2): Provided, That the same shall not apply to the cases falling under Article 18 (2) and (3) of the Administrative Litigation Act. <Amended on Dec. 18, 2012>
CHAPTER VI MEASURES FOR RESPONDING TO MARINE POLLUTION
 Article 61 (Formulation and Implementation of National Emergency Pollution Response Plan)
(1) The Commissioner of the Korea Coast Guard shall formulate and implement a national emergency pollution response plan to prevent and respond to marine pollution, as prescribed by Presidential Decree, in preparation for cases where a pollutant prescribed by Ordinance of the Ministry of Oceans and Fisheries is or is likely to be discharged into the sea. In such cases, the Commissioner of the Korea Coast Guard shall, in advance, seek an opinion from the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) The national emergency pollution response plan shall be confirmed after deliberation by the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development. <Amended on Feb. 6, 2009>
 Article 62 (Establishment of Pollution Response Headquarters)
(1) The Commissioner of the Korea Coast Guard shall exercise overall control over emergency pollution response to marine pollution accidents and may establish a pollution response headquarters under his or her jurisdiction. <Amended on Jun. 15, 2011; Nov. 19, 2014; Jul. 26, 2017>
(2) The Commissioner of the Korea Coast Guard shall report to the Minister of Oceans and Fisheries on the actions taken by the pollution response headquarters established pursuant to paragraph (1) and the results thereof, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) Matters necessary for the composition, operation, etc. of the pollution response headquarters under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jun. 15, 2011>
 Article 63 (Duty to Report on Discharge of Pollutants)
(1) Where a pollutant exceeding the permissible emission limit prescribed by Presidential Decree is or is likely to be discharged into the sea, any of the following persons shall report thereon, without delay, to the Commissioner of the Korea Coast Guard or the chief of the relevant coast guard station: <Amended on Nov. 19, 2014; Jul. 26, 2017; Aug. 20, 2019>
1. The master of a ship or the manager of a marine facility loaded with a pollutant, which is or is likely to be discharged. In such cases, the same shall not apply where a person who has done an act which resulted in the discharge of the pollutant from the relevant ship or marine facility reports thereon;
2. A person whose act resulted in the discharge of a pollutant;
3. A person who has discovered the discharged pollutant.
(2) Matters regarding procedures for reporting, matters to be reported, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 64 (Pollution Response Measures upon Discharge of Pollutants)
(1) Any person who falls under Article 63 (1) 1 or 2 (hereinafter referred to as "person responsible for pollution response") shall take the following measures against discharged pollutants (hereinafter referred to as "pollution response measures"), as prescribed by Presidential Decree:
1. Prevention of discharge of pollutants;
2. Prevention of spread of discharged pollutants and removal thereof;
3. Collection and disposal of discharged pollutants.
(2) Where a pollutant is discharged from a ship located in a harbor or sea area adjacent to a harbor, any of the following persons shall fully cooperate with the person responsible for pollution response in taking pollution response measures: <Amended on Aug. 20, 2019>
1. Where the relevant harbor is used for loading the discharged pollutant, the consignor of the relevant pollutant;
2. Where the relevant harbor is used for unloading the discharged pollutant, the consignee of the relevant pollutant;
3. Where the pollutant is discharged while the ship is at her moorings, the manager of the relevant mooring facilities;
4. Other persons whose act resulted in the discharge of the pollutant.
(3) Where a person responsible for pollution response fails to voluntarily take pollution response measures, the Commissioner of the Korea Coast Guard may order the person to take pollution response measures, setting a deadline. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(4) Where a person responsible for pollution response fails to comply with an order to take pollution response measures under paragraph (3), the Commissioner of the Korea Coast Guard may take the pollution response measures on his or her own. In such cases, expenses associated with such pollution response measures shall be borne by the person responsible for pollution response, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(5) Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply mutatis mutandis to the collection of expenses incurred in directly taking pollution response measures pursuant to paragraph (4).
(6) Materials and chemicals used for taking pollution response measures against pollutants pursuant to paragraphs (1) through (4) shall obtain type-approval, ship equipment inspection, and recognition under Article 110 (4), (6), and (7) or ship equipment inspection pursuant to Article 110-2 (3): Provided, That the same shall not apply to materials used for pollution response measures against pollutants, which are recognized by the Commissioner of the Korea Coast Guard that such materials are needed for emergency pollution response measures and do not affect the marine environment. <Newly Inserted on Jun. 15, 2011; Nov. 19, 2014; Jul. 26, 2017>
 Article 65 (Measures to Be Taken against Possible　Discharge of Pollutants)
(1) Where pollutants are likely to be discharged from a ship or marine facility due to an accident, such as stranding, collision, sinking, or conflagration of the ship or marine facility, the owner or master of such ship or the owner of such marine facility shall take measures to prevent the discharge of pollutants, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) Article 64 (3) and (4) shall apply mutatis mutandis to measures to prevent the discharge of pollutants under paragraph (1). In such cases, "person responsible for pollution response" shall be construed as "owner or master of a ship or the owner of a marine facility."
 Article 66 (Keeping Materials and Chemicals)
(1) The port management authority and owners of ships and marine facilities shall keep and retain materials and chemicals used for pollution response against or prevention of pollutants in storage facilities or in the relevant ships and marine facilities. <Amended on Jun. 15, 2011>
(2) Materials and chemicals to be kept and maintained pursuant to paragraph (1) shall obtain type-approval, ship equipment inspection, and recognition pursuant to Article 110 (4), (6), and (7) or ship equipment inspection pursuant to Article 110-2 (3). <Amended on Jun. 15, 2011>
(3) The types, quantity, methods of materials and chemicals required to be kept and maintained pursuant to paragraph (1), standards for storage facilities, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
 Article 67 (Placement of Pollution Response Ships)
(1) The owner of any of the following ships or marine facilities shall place or install pollution response ships or pollution response equipment (hereinafter referred to as "pollution response ships, etc.") in the sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries in accordance with the criteria prescribed by Presidential Decree in preparation for oil spills into the ocean: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
1. An oil tanker of 500 gross tonnage and above;
2. A ship of 10,000 gross tonnage and above (other than oil tankers);
3. An oil storage facility with a capacity of not less than 10,000 kiloliters, registered as a marine facility.
(2) Any person required to place or install pollution response ships, etc. pursuant to paragraph (1) (hereinafter referred to as "person responsible for placement") may jointly do so or entrust the placement or installation thereof to the Korea Marine Environment Management Corporation under Article 96 (1), as prescribed by Presidential Decree. <Amended on Oct. 31, 2017>
(3) The Commissioner of the Korea Coast Guard may issue to the persons who have failed to place or install pollution response ships, etc. an order aimed at prohibiting ships' entry into or departure from ports, or suspending the use of facilities. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(4) Where pollutants are discharged or likely to be discharged from any ship or marine facility referred to in paragraph (1), the Commissioner of the Korea Coast Guard shall have a person responsible for placement take pollution response measures and measures to prevent discharge under Article 65. In such cases, when a person responsible for placement jointly places or installs pollution response ships, etc. or entrusts the placement or installation thereof to the Korea Marine Environment Management Corporation pursuant to paragraph (2), he or she shall have the joint placer or installer, or the Korea Marine Environment Management Corporation jointly take pollution response measures and measures to prevent discharge. <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 31, 2017>
 Article 68 (Pollution Response Measures and Costs Bearing by Administrative Agencies)
(1) Where it is deemed that pollution response measures taken by the person responsible for pollution response, alone, are not enough to prevent large-scale spread of pollutants or that the emergency pollution response is required, the Commissioner of the Korea Coast Guard shall take pollution response measures on his or her own. <Amended on Jun. 15, 2011; Nov. 19, 2014; Jul. 26, 2017>
(2) Notwithstanding paragraph (1), the heads of the relevant local governments or administrative agencies as classified in the following subparagraphs shall take pollution response measures against oil stuck to pebbles, sand, etc. on the shore: <Newly Inserted on Jun. 15, 2011>
1. Where oil affects shores under the jurisdiction of the head of one Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) only: The head of the relevant Si/Gun/Gu;
2. Where oil affects shores under the jurisdictions of the heads of at least two Sis/Guns/Gus: The relevant Mayor/Do Governor. In such cases, where oil affects shores under the jurisdictions of at least two Mayors/Do Governors, the respective Mayors/Do Governors having their own jurisdictions;
3. Pollution response measures for shores on which military facilities and other facilities prescribed by Presidential Decree are installed: The head of the relevant facility management institution.
(3) When the head of a Si/Gun/Gu or a Mayor/Do Governor takes pollution response measures referred to in paragraph (2), the Commissioner of the Korea Coast Guard shall support him or her with materials, chemicals, pollution response equipment, personnel, technology, etc. required for pollution response. <Newly Inserted on Jun. 15, 2011; Nov. 19, 2014; Jul. 26, 2017>
(4) Expenses incurred in taking pollution response measures under paragraphs (1) and (2) may be borne by the owner of a ship or marine facility, as prescribed by Presidential Decree: Provided, That the same shall not apply in circumstances prescribed by Presidential Decree, including natural disasters. <Amended on Jun. 15, 2011>
(5) Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply mutatis mutandis to the collection of expenses borne under paragraph (4). <Amended on Jun. 15, 2011>
 Article 68-2 (Volunteer Marine Pollution Response Brigades)
(1) The Commissioner of the Korea Coast Guard may organize and operate a volunteer marine pollution response brigade made up of fishers belonging to the fishing village fraternity referred to in Article 15 of the Fisheries Cooperatives Act, residents, etc. in order to strengthen the regional function of autonomous marine pollution response.
(2) The Commissioner of the Korea Coast Guard may provide education and training to strengthen the capabilities of the members of a volunteer marine pollution response brigade.
(3) The Commissioner of the Korea Coast Guard may reimburse the volunteer marine pollution response brigade and its members for expenses incurred in performing their activities within the budget.
(4) Where a member of the volunteer marine pollution response brigade contracts a disease, sustains an injury or dies as a result of the participation of activities, etc. or education and training thereof, the Commissioner of the Korea Coast Guard shall pay compensation, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(5) Matters necessary for the qualifications of a member, organization and operation, duties, etc. of the volunteer marine pollution response brigade referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on Mar. 24, 2020]
 Article 69 (Pollution Response Contributions)
(1) Any person responsible for placement shall pay a pollution response contribution required for marine pollution response measures, such as pollution response measures and measures for the prevention of discharge against oil spill accidents, etc. (hereinafter referred to as "pollution response contribution”). <Amended on Oct. 31, 2017>
(2) Pollution response contributions and surcharges under Article 69-2 (1) shall be used for the projects under Article 97 (1) 3. <Amended on Oct. 31, 2017>
(3) Pollution response contributions shall be paid to the Korea Marine Environment Management Corporation under Article 96 (1), and matters necessary for the criteria and procedure for the imposition of pollution response contributions under paragraphs (1) and (2) and other matters shall be prescribed by Presidential Decree. <Amended on Oct. 31, 2017>
 Article 69-2 (Compulsory Collection of Pollution Response Contributions and Surcharges)
(1) If a person liable to pay a pollution response contribution fails to make payment by the due date, the Korea Marine Environment Management Corporation under Article 96 (1) shall collect a surcharge prescribed by Presidential Decree for the period from the date following the due date until the date of payment. In such cases, the surcharge shall not exceed 3/100 of the amount of the pollution response contribution in arrears.
(2) Where a person liable to pay a pollution response contribution fails to make payment by the due date, the Korea Marine Environment Management Corporation under Article 96 (1) shall demand payment for a specified period of at least 30 days; and if he or she fails to pay the pollution response contribution and the surcharge referred to in paragraph (1) within the specified period, it may collect them in the same manner as delinquent national taxes after obtaining approval therefor from the Minister of Oceans and Fisheries.
[This Article Newly Inserted on Oct. 31, 2017]
 Article 69-3 (Submission of Data for Calculation of Pollution Response Contributions)
(1) For the purpose of the calculation, etc. of a pollution response contribution, the Korea Marine Environment Management Corporation under Article 96 (1) may request a person liable to pay the pollution response contribution to submit a manifest of the ship, data on the quantity of oil received in oil storage facilities, and other relevant data, as prescribed by Presidential Decree.
(2) A person requested to submit data under paragraph (1) shall comply with such request unless there is a compelling reason not to do so.
(3) Where necessary to verify the data submitted pursuant to paragraph (2), the Korea Marine Environment Management Corporation under Article 96 (1) may request the head of a related central administrative agency or the head of a related local government to submit necessary data.
[This Article Newly Inserted on Oct. 31, 2017]
CHAPTER VII MARINE ENVIRONMENTAL MANAGEMENT BUSINESS
 Article 70 (Marine Environment Management Business)
(1) Any person who intends to run any of the following businesses (hereinafter referred to as "marine environmental management business") shall be registered with the Commissioner of the Korea Coast Guard, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Dec. 18, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 3, 2019>
1. Deleted; <Dec. 3, 2019>
2. Marine pollution response business: Removing pollutants which are discharged or are likely to be discharged into the sea with facilities and equipment needed therefor;
3. Oil hold cleaning business: Cleaning the oil holds of ships or collecting the pollutants therefrom with facilities and equipment needed therefor prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are generated from ships or marine facilities (limited to cases where the marine facilities are storage facilities of oil or noxious liquid substances);
4. Deleted; <Dec. 3, 2019>
5. Deleted. <Dec. 3, 2019>
(2) Any person who intends to register a marine environmental management business shall have a technical staff member with the qualification prescribed by Presidential Decree, as prescribed by Presidential Decree, and have in place ships, equipment, facilities, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 24, 2020>
(3) When a person whose marine environmental management business has been registered pursuant to paragraph (1) (hereinafter referred to as "marine environmental management business entity") intends to make important changes to the matters registered prescribed by Ordinance of the Ministry of Oceans and Fisheries, he or she shall file for registration of such change, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 70-2 Deleted. <Dec. 3, 2019>
 Article 71 (Grounds for Disqualification)
None of the following persons shall be eligible to register marine environmental management business: <Amended on May 21, 2014; Oct. 31, 2017>
1. A person under adult guardianship;
2. Deleted; <Oct. 31, 2017>
3. A person for whom one year has not passed since his or her imprisonment with labor or heavier punishment for violating this Act was completely executed (including cases where the execution is deemed terminated) or since the non-execution of such sentence became final and conclusive;
4. A person for whom one year has not passed since the revocation of the registration for marine environmental management business (excluding any revocation made under subparagraph 1);
5. A corporation, any executive officer of which falls under subparagraph 1, 3, or 4.
 Article 72 (Duties of Marine Environmental Management Business Entities)
(1) Every marine environment management business entity shall prepare a statement with respect to the removal of pollutants and cleaning and collection of pollutants and submit it to the Minister of Oceans and Fisheries or to the Commissioner of the Korea Coast Guard, and prepare a ledger to be kept in the relevant ship or facility. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 3, 2019>
(2) When a marine environmental management business entity collects pollutants from ships, or marine facilities, etc., he or she shall prepare a certificate of pollutants collection confirmation, as prescribed by Ordinance of the Ministry of Oceans and Fisheries and issue it to the relevant pollutants entrusting person. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) Deleted. <Dec. 3, 2019>
(4) A person who has registered a marine pollution response business pursuant to Article 70 (1) 2 shall fully cooperate with persons, etc. responsible for pollution response in taking pollution response measures pursuant to Article 64, and shall neither intentionally delay pollutants response duties nor obstructs pollution response measures of persons, etc. responsible for pollution response. <Newly Inserted on Mar. 24, 2020>
(5) Details regarding the method of preparation of and the period for keeping the statement of disposal results, the ledger of disposal, and the certificate of pollutants collection confirmation under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 3, 2019; Mar. 24, 2020>
 Article 73 (Orders for Disposal of Entrusted Garbage)
Where a marine environment management business entity (including suspension or closure of business) neglects to dispose of pollutants subject to disposal, such as garbage, the disposal of which is entrusted to him or her, the Commissioner of the Korea Coast Guard may order the appropriate disposal of such pollutants, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 3, 2019>
 Article 74 (Succession of Marine Environmental Management Business)
(1) Where a marine environmental management business entity transfers his or her business to any other person or dies, or where a corporate marine environmental management business entity merges with any other corporation, the transferee or successor of the business, or the corporation surviving the merger or the corporation resulting from the consolidation shall succeed to the relevant rights and duties.
(2) Any person who has fully taken over the facilities or equipment of a marine environmental management business entity through an auction under the Civil Execution Act, conversion under the Debtor Rehabilitation and Bankruptcy Act, sale of seized property under the National Tax Collection Act, Customs Act, or Local Tax Collection Act, or other procedures equivalent thereto shall succeed to the relevant rights and duties. <Amended on Mar. 31, 2010; Dec. 27, 2016>
(3) Any person who has succeeded to the duties and rights of a marine environmental management business entity pursuant to paragraphs (1) and (2) shall report thereon to the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries within one month. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 3, 2019>
(4) Article 71 shall apply mutatis mutandis to succession under paragraphs (1) and (2).
 Article 75 (Revocation of Registration)
(1) Where a marine environmental management business entity falls under any of the following cases, the Commissioner of the Korea Coast Guard may revoke the registration thereof or order the suspension of business, within a specified period of up to six months: Provided, That he or she shall revoke such registration where the marine environmental management business entity falls under any of the cases referred to in subparagraphs 1 through 4: <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017; Oct. 31, 2017; Dec. 3, 2019>
1. Where the marine environmental management business entity falls under any subparagraph of Article 71: Provided, That the same shall not apply where a corporation which has an executive officer falling under subparagraph 1, 3, or 4 of Article 71 has replaced such executive officer within six months;
2. Where the marine environment management business entity has been registered, or registered for any change by fraud or other improper means;
3. Where the marine environment management business entity has been subjected to the suspension of business on at least two occasions a year;
4. Where the marine environment management business entity has engaged in business activities during the period of business suspension;
5. Where the marine environment management business entity fails to comply with any terms and conditions of registration without good cause;
6. Where the marine environment management business entity violates any duty under Article 72;
7. Where the marine environment management business entity fails or refuses to comply with an order issued under Article 73;
8. Where the marine environment management business entity fails to conduct business activities within one year after registration or has no business performance for at least one year continuously without good cause.
(2) Detailed criteria for an administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, based on the type, severity, etc. of the relevant offense. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 76 Deleted. <Dec. 3, 2019>
 Article 76-2 Deleted. <Dec. 3, 2019>
CHAPTER VIII MARINE POLLUTION IMPACT SURVEYS
 Article 77 (Marine Pollution Impact Surveys)
(1) Where a pollutant is discharged into the sea from a ship or marine facility in at least the quantity prescribed by Presidential Decree, the owner of the ship or marine facility shall require a marine pollution impact survey institution to conduct a marine pollution impact survey.
(2) Marine pollution impact survey institutions referred to in paragraph (1) shall be designated and publicly notified by the Minister of Oceans and Fisheries in accordance with the criteria prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Where an entity required to conduct a marine pollution impact survey pursuant to paragraph (1) fails to do so within the period prescribed by Presidential Decree or where there is an urgent need for such survey, as prescribed by Presidential Decree, the Minister of Oceans and Fisheries shall select any other survey institution to conduct the marine pollution impact survey. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Where the Minister of Oceans and Fisheries intends to have a separate marine pollution impact survey conducted pursuant to paragraph (3), he or she shall submit the relevant matter for deliberation by the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Feb. 6, 2009; Mar. 23, 2013>
 Article 78 (Areas and Subject Matters of Marine Pollution Impact Survey)
A marine pollution impact survey shall be conducted for areas to be adversely affected by pollutants, such as the natural environment, living environment, and socio-economic environment, and detailed subject matters by area shall be prescribed by Presidential Decree.
 Article 79 (Collection of Residents' Opinions)
(1) When preparing a survey report on marine pollution impact (hereinafter referred to as "marine pollution impact survey report"), any marine pollution impact survey institution shall hold an explanatory meeting or public hearing in advance to collect the opinions of the residents in the area subject to the survey and include them in the marine pollution impact survey report.
(2) When collecting residents' opinions pursuant to paragraph (1), any marine pollution impact survey institution shall draft a marine pollution impact survey report and provide the same to the residents so that they can confirm the contents in advance.
 Article 80 (Survey Costs)
(1) Costs associated with marine pollution impact surveys under Article 77 (1) and (3) shall be borne by the owner of a ship or marine facility which caused a marine pollution accident, as prescribed by Presidential Decree: Provided, That the same shall not apply to cases falling under natural disasters and other causes prescribed by Presidential Decree.
(2) Costs associated with marine pollution impact surveys under Article 77 (3) shall be collected in the same manner as national taxes in arrears are collected.
 Article 81 (Grounds for Disqualification of Survey Institutions)
None of the following persons shall be designated as a marine pollution impact survey institution: <Amended on Jun. 15, 2011; May 21, 2014; Jan. 17, 2017; Oct. 31, 2017>
1. A person under adult guardianship;
2. Deleted; <Oct. 31, 2017>
3. A person for whom two years have not passed since the revocation of designation as a marine pollution impact survey institution (excluding any revocation made under subparagraph 1);
4. A person for whom one year has not passed since his or her imprisonment without labor or heavier punishment for violating this Act, the Water Environment Conservation Act, or the Clean Air Conservation Act was completely executed (including cases where the execution is deemed terminated) or since the non-execution of such sentence became final and conclusive;
5. A corporation, the representative of which falls under subparagraph 1, 3, or 4.
 Article 82 (Revocation of Designation as Survey Institutions)
(1) Where a marine pollution impact survey institution falls under any of the following, the Minister of Oceans and Fisheries may revoke the relevant designation or issue an order for business suspension for a period of up to one year: Provided, That he or she shall revoke the relevant designation where such institution falls under any of the cases in subparagraphs 1 through 4: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
1. Where the marine pollution impact survey institution has obtained designation by fraud or other improper means;
2. Where the marine pollution impact survey institution fails to meet the criteria for designation under Article 77 (2);
3. Where the marine pollution impact survey institution falls under any subparagraph of Article 81: Provided, That the same shall not apply where the representative of a corporation who falls under subparagraph 1, 3, or 4 of Article 81 is replaced within six months;
4. Where the marine pollution impact survey institution has experienced suspension of business on at least two occasions a year;
5. Where the marine pollution impact survey institution lends its authority to any other person or subcontracts a marine pollution impact survey to any other institution en bloc;
6. Where the marine pollution impact survey institution fails to conduct a thorough survey, either by intent or gross negligence.
(2) Detailed criteria for an administrative disposition referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, in consideration of the type, severity, etc. of the relevant offense. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 83 (Continuation of Business of Marine Pollution Impact Survey Institution Subject to Revocation of Designation or Business Suspension)
(1) Any marine pollution impact survey institution subject to revocation of designation or business suspension pursuant to Article 82 may continue its marine pollution impact surveys, the contracts for which were concluded before being subjected to either of the above dispositions.
(2) Any marine pollution impact survey institution that continues to conduct an impact survey pursuant to paragraph (1) shall be deemed a marine pollution impact survey institution under this Act until its completion.
 Article 83-2 (Management of Sunken Ships)
(1) The Minister of Oceans and Fisheries shall take the following measures to prevent additional marine pollution accidents which may be caused by a ship sunken under the sea after any marine accident defined in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents (hereafter in this Article referred to as "sunken ship"): <Amended on Mar. 23, 2013>
1. Systematic management of information on the sunken ship;
2. Risk assessment with respect to possible marine pollution accidents by the sunken ship;
3. Implementation of risk-mitigation measures for the sunken ship.
(2) Where necessary, the Minister of Oceans and Fisheries may, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, request the Commissioner of the Korea Coast Guard to provide information that public officials belonging to the Korea Coast Guard have acquired in the course of performing their duties. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) Expenses incurred in taking the measures referred to in paragraph (1) 3 shall be borne by the owner of a sunken ship, as prescribed by Presidential Decree: Provided, That where it is impracticable to identify the ship owner, the expenses may be covered by selling the relevant sunken ship, as prescribed by Presidential Decree.
(4) Methods for assessing risks under paragraph (1) 2, detailed methods and procedures for taking risk-mitigation measures under paragraph (1) 3, methods for calculating and paying expenses under paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Dec. 18, 2012]
CHAPTER IX CONSULTATION ON UTILIZATION OF SEA AREAS
 Article 84 (Consultation on Utilization of Sea Areas)
(1) The head of an administrative agency (hereinafter referred to as "license-granting agency") who intends to grant any of the following licenses, permission, designation, etc. (hereinafter referred to as "license, etc.") shall have a prior consultation with the Minister of Oceans and Fisheries on the propriety of utilization of sea areas referred to in Article 20 of the Act on Conservation and Utilization of the Marine Environment and its impact on the marine environment (hereinafter referred to as "consultation on utilization of sea areas"), as prescribed by Presidential Decree, before granting such license, etc. In such cases, the business subject to sea area utilization impact assessment under Article 85 (1) shall be deemed to have undergone the consultation on utilization of sea areas: <Amended on Feb. 29, 2008; Apr. 15, 2010; Mar. 23, 2013; Mar. 21, 2017; Aug. 27, 2019>
1. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act (excluding permission to occupy or use public waters following permission to extract marine aggregates and designation of marine aggregate complexes under subparagraphs 5 and 6) and a license to reclaim public waters under Article 28 of the same Act;
2. Deleted; <Apr. 15, 2010>
3. An aquaculture business license under Article 10 of the Aquaculture Industry Development Act: Provided, That this shall apply only to licenses for fishery business in sea areas prescribed by Presidential Decree;
4. Designation of prospective areas for extraction of marine aggregates under Article 21-2 of the Aggregate Extraction Act;
5. Permission to extract marine aggregates under Article 22 of the Aggregate Extraction Act;
6. Designation of marine aggregate extraction complexes under Article 34 of the Aggregate Extraction Act.
(2) Even where any other statute stipulates that permission to occupy or use or a license to reclaim public waters is deemed granted under the Public Waters Management and Reclamation Act, consultation on the utilization of sea areas shall be held in the application of paragraph (1) 1: Provided, That this shall not apply to any of the following: <Amended on Feb. 29, 2008; Apr. 15, 2010; Mar. 23, 2013; Dec. 27, 2016>
1. Business for taking emergency measures under Article 37 of the Framework Act on the Management of Disasters and Safety;
2. Business on which the Minister of National Defense consults with the Minister of Oceans and Fisheries as deemed necessary for confidentiality for military purposes or for urgent military operations, and which is determined and publicly notified by the Minister of Oceans and Fisheries.
(3) When a license-granting agency intends to consult on the utilization of sea areas with the Minister of Oceans and Fisheries pursuant to paragraph (1), it shall submit a sea area utilization consultation form prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) A license-granting agency may require a person who intends to engage in a business requiring a license, etc. (hereinafter referred to as "business subject to licensing"), which is subject to consultation on the utilization of sea areas pursuant to paragraph (1) (hereinafter referred to as "sea area utilization business entity"), to submit a separate sea area utilization consultation form and may submit it in lieu of the sea area utilization consultation form referred to in paragraph (3). <Amended on Jun. 15, 2011>
(5) Any sea area utilization business entity may allow an assessment agent registered under Article 86 (1) to prepare sea area utilization consultation forms submitted to license-granting agencies on his or her behalf pursuant to paragraph (4). <Newly Inserted on Jun. 15, 2011>
(6) The timing of consultation on the utilization of sea areas, and the method of preparing the sea area utilization consultation form under paragraphs (3) and (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
 Article 85 (Sea Area Utilization Impact Assessment)
(1) In consulting on the utilization of sea areas with the Minister of Oceans and Fisheries pursuant to Article 84, if the relevant business subject to licensing involves any of the following acts which is of at least the scale prescribed by Presidential Decree, a license-granting agency shall request the Minister of Oceans and Fisheries to assess its impact on the marine environment (hereinafter referred to as "sea area utilization impact assessment"): Provided, That this shall not apply to the businesses prescribed by Presidential Decree, from among those subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act: <Amended on Feb. 29, 2008; Mar. 28, 2008; Dec. 29, 2009; Apr. 15, 2010; Jun. 15, 2011; Jul. 21, 2011; Jun. 1, 2012; Mar. 23, 2013; Mar. 24, 2020>
1. Dredging or digging the bottom of public waters referred to in Article 8 (1) 3 of the Public Waters Management and Reclamation Act:
2. Extracting earth, sand, or stone in public waters referred to in Article 8 (1) 6 of the Public Waters Management and Reclamation Act;
3. Affecting the depth of public waters, by dumping earth and stone into public waters referred to in Article 8 (1) 8 of the Public Waters Management and Reclamation Act;
4. Extracting submarine minerals defined in subparagraph 1 of Article 2 of the Submarine Mineral Resources Development Act;
5. Extracting minerals referred to in subparagraph 1 of Article 3 of the Mining Industry Act from public waters;
6. Using and developing deep sea water defined in subparagraph 1 of Article 2 of the Development and Management of Deep Sea Water Act;
7. Extracting marine aggregates under Article 22 of the Aggregate Extraction Act;
8. Designating marine aggregate extraction complexes under Article 34 of the Aggregate Extraction Act;
8-2. Installing offshore wind power plants among electric power resource development businesses under the Electric Power Resource Development Promotion Act and relevant statutes or regulations, or offshore wind power plants among electric installations under the Electric Utility Act and relevant statutes or regulations;
9. Other acts prescribed by Presidential Decree, which affect the marine environment.
(2) Where a license-granting agency requests a sea area utilization impact assessment from the Minister of Oceans and Fisheries, it shall also submit a statement on sea area utilization impact assessment prepared by a person who intends to engage in the business subject to licensing, that requires the sea area utilization impact assessment under any subparagraph of paragraph (1) (hereinafter referred to as "business entity subject to assessment"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Where a business entity subject to assessment prepares a statement on sea area utilization impact assessment pursuant to paragraph (2), he or she shall hold an explanatory meeting or public hearing, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and take necessary procedures, including the collection of opinions of interested persons. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
(4) Where a business entity subject to assessment prepares a statement on sea area utilization impact assessment pursuant to paragraph (2), he or she may allow an assessment agent registered under Article 86 (1) to do so on his or her behalf.
(5) The details and method of preparing a statement on sea area utilization impact assessment, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 86 (Registration of Assessment Agents)
(1) Any person who intends to engage in the business of an agent to prepare sea area utilization consultation forms referred to in Article 84 (5) and statements on sea area utilization impact assessment referred to in Article 85 (4) (hereinafter referred to as "sea area utilization consultation form, etc.") shall file for registration with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree, being equipped with the skills, facilities, and equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the same shall also apply where a person registered as an agent to conduct the business of preparing sea area utilization consultation forms, etc. (hereinafter referred to as “assessment agent") intends to make changes to the registered important matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
(2) When an assessment agent intends to close his or her business, he or she shall notify the Minister of Oceans and Fisheries of such fact. <Newly Inserted on Jun. 1, 2012; Mar. 23, 2013>
(3) Procedures for registration as assessment agents, procedures for issuing certificates of registration and notifying closure of business under paragraphs (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
[Title Amended on Jan. 1, 2012]
 Article 87 (Grounds for Disqualification)
None of the following persons shall be registered as an assessment agent: <Amended on May 21, 2014; Oct. 31, 2017>
1. A person under adult guardianship;
2. Deleted; <Oct. 31, 2017>
3. A person for whom two years have not passed since the revocation of his or her registration as an assessment agent (excluding any revocation made under subparagraph 1);
4. A person for whom one year has not passed since his or her imprisonment with labor or heavier punishment for violating this Act was completely executed (including cases where the execution is deemed terminated) or since the non-execution of such sentence became final and conclusive;
5. A corporation, the representative director of which falls under subparagraph 1, 3, or 4.
 Article 88 (Matters to Be Observed by Sea Area Utilization Business Entities)
Sea area utilization business entities and business entities subject to assessment (hereinafter referred to as "sea area utilization business entities, etc.") or assessment agents shall observe the following, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
1. Not to reproduce the contents of any other sea area utilization consultation forms, etc.;
2. To keep sea area utilization consultation forms, etc. for the period prescribed by Ordinance of the Ministry of Oceans and Fisheries;
3. Not to prepare false materials which serve as a basis for sea area utilization consultation forms, etc.;
4. Not to lend a registration certificate or the title thereof to another person;
5. Not to subcontract, en bloc, tasks associated with consultation on utilization of sea areas or sea area utilization impact assessment (hereinafter referred to as "consultation on utilization of sea areas, etc.") contracted.
 Article 89 (Revocation of Registration of Assessment Agents)
(1) Where an assessment agent falls under any of the following, the Minister of Oceans and Fisheries may revoke his or her registration or issue an order for business suspension for up to six months: Provided, That he or she shall revoke the relevant registration where the assessment agent falls under any of the cases specified in subparagraphs 1, 3 through 5, and 5-2: <Amended on Feb. 29, 2008; Jun. 15, 2011; Jun. 1, 2012; Mar. 23, 2013; Dec. 27, 2016; Oct. 31, 2017>
1. Where the assessment agent has obtained registration or registration for modification by fraud or other improper means;
2. Where the assessment agent fails to meet the requirements for skills, facilities, and equipment under the former part of Article 86 (1);
2-2. Where the assessment agent fails to file for registration for change under the latter part of Article 86 (1);
3. Where the assessment agent falls under any subparagraph of Article 87: Provided, That the same shall not apply where the representative of a corporation who falls under subparagraph 1, 3, or 4 of Article 87 is replaced within six months;
4. Where the assessment agent fails to commence the business of consultation on utilization of sea areas, etc. within two years after registration or continues to have no business performance on consultation on utilization of sea areas, etc. for at least two consecutive years;
5. Where the assessment agent who has been subject to business suspension on two occasions for the past one year and repeats an act constituting a ground for business suspension;
5-2. Where the assessment agent conducts business activities (including the conclusion of contracts), such as consultation on utilization of sea areas, etc. during business suspension;
6. Where the assessment agent violates Article 88;
7. Where the assessment agent falsely prepares a sea area utilization consultation form, etc. or submits a poorly prepared sea area utilization consultation form, etc. either by intent or gross negligence.
(2) Detailed criteria for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, in consideration of the types, severity, etc. of the relevant offenses. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 90 (Continuation of Business of Assessment Agent Subject to Revocation of Registration or Business Suspension)
(1) Any assessment agent who has received a disposition of revocation of registration or business suspension pursuant to Article 89 may continue to provide his or her service relating to the preparation of sea area utilization consultation forms, etc. contracted before receiving such disposition. <Amended on Jun. 15, 2011>
(2) Any assessment agent who continues to prepare sea area utilization consultation forms, etc. pursuant to paragraph (1) shall be considered to be an assessment agent under this Act until the completion of such business. <Amended on Jun. 15, 2011>
 Article 91 (Notification of Opinions)
(1) Upon receipt of a request for consultation on utilization of sea areas, etc. from a license-granting agency, the Minister of Oceans and Fisheries shall examine the sea area utilization consultation forms, etc. submitted and notify the license-granting agency of his or her opinions thereon, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall seek an opinion from an agency in charge of impact review following the consultation on utilization of sea areas, etc., which are prescribed by Presidential Decree (hereinafter referred to as "sea area utilization impact review agency") before notifying his or her opinions on the consultation on utilization of sea areas, etc. pursuant to paragraph (1): Provided, That the same shall not apply to businesses prescribed by Presidential Decree, which have an insignificant impact on the marine environment, from among the businesses subject to consultation on utilization of sea areas, etc. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries shall, in advance, seek an opinion from the Minister of Environment before notifying his or her opinions on consultation on the utilization of sea areas falling under Article 84 (1) 4 and 6, pursuant to paragraph (1), if the relevant prospective area for marine aggregate extraction and marine aggregate extraction complex include coastal areas (referring to the areas within one kilometer towards land and 10 kilometers towards sea based on the coastline). <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) When a license-granting agency, notified of the opinions on the consultation on utilization of sea areas, etc., grants a license, etc., it shall notify the Minister of Oceans and Fisheries thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 92 (Raising Objections)
(1) Where a sea area utilization business entity, etc. or a license-granting agency has an objection against the opinion notified by the Minister of Oceans and Fisheries pursuant to Article 91, it may file an objection with the Minister of Oceans and Fisheries within 90 days, as prescribed by Presidential Decree. In such cases, the sea area utilization business entity, etc. shall file an objection via the license-granting agency. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>
(2) Upon receipt of an objection filed under paragraph (1), the Minister of Oceans and Fisheries shall examine whether the grounds for the objection are reasonable and notify the person who raised such objection of the results thereof within 60 days, as prescribed by Presidential Decree: Provided, That the deadline for notification may be extended by up to 30 additional days under unavoidable circumstances. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 93 (Ex Post Facto Management)
(1) Where a license-granting agency grants a license, etc. without consultation on utilization of sea areas, etc., or grants a license, etc. without reflecting opinions on the consultation on utilization of sea areas, etc., the Minister of Oceans and Fisheries may request the relevant license-granting agency to take necessary measures, such as revoking the relevant license, etc., suspending business, removing and suspending the operation of structures, and restoring them to their original state. In such cases, the relevant license-granting agency shall comply with such request unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 20, 2019>
(2) Any license-granting agency shall verify whether sea area utilization business entities, etc. implement the opinion of the Minister of Oceans and Fisheries on the consultation on utilization of sea areas, etc. under Article 84 (1), and order them to take necessary measures, as prescribed by Presidential Decree, where the sea area utilization business entities, etc. fail to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Where any license-granting agency fails to verify whether the opinion on consultation on utilization of sea areas, etc. is being implemented or substantially delays such verification, the Minister of Oceans and Fisheries may verify it on his or her own, notwithstanding paragraph (2); and where deemed necessary to implement the opinion on consultation on utilization of sea areas, etc., he or she may request the license-granting agency to order suspension of construction work or to take other necessary measures. <Newly Inserted on May 21, 2014>
(4) When performing verification on his or her own under paragraph (3), the Minister of Oceans and Fisheries may seek opinions from a relevant expert or a sea area utilization impact review agency, etc. or request him, her, or it to conduct an on-site investigation, or may request a sea area utilization business entity, etc. or the head of a license-granting agency to submit related data. <Newly Inserted on Oct. 31, 2017>
(5) Upon receipt of a request from the Minister of Oceans and Fisheries pursuant to paragraph (3) or (4), a licensing-granting agency shall comply therewith unless there is a compelling reason not to do so. <Newly Inserted on May 21, 2014; Oct. 31, 2017>
 Article 94 (Consultation on Utilization of Sea Areas upon Revision of Business Plans)
(1) Where a sea area utilization business entity, etc. revises his or her business plan after obtaining a license, etc. from a license-granting agency, it shall again take the procedures for consultation on utilization of sea areas, etc.: Provided, That where such revision has an insignificant impact on the marine environment as prescribed by Presidential Decree, such procedures shall be omitted. <Amended Jun. 15, 2011>
(2) Articles 84, 85, and 91 through 93 shall apply mutatis mutandis to the details of and procedures for consultation on utilization of sea areas, etc. under the main clause of paragraph (1). <Amended on Jun. 15, 2011>
 Article 95 (Marine Environmental Impact Surveys)
(1) Any sea area utilization business entity, etc. shall survey the possible impact of business activities conducted after obtaining a license, etc. on the marine environment (hereinafter referred to as "marine environmental impact survey") and notify the results thereof to the relevant license-granting agency and the Minister of Oceans and Fisheries. In such cases, the sea area utilization business entity, etc. may have an assessment agent conduct such marine environmental impact survey on his or her behalf. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) Where the Minister of Oceans and Fisheries deems that damage has been caused to the marine environment in light of the results of the marine environmental impact survey notified pursuant to paragraph (1), he or she shall allow the license-granting agency to take measures to reduce such damage to the marine environment, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as changing construction methods or reducing business size. In such cases, the license-granting agency shall notify the Minister of Oceans and Fisheries of the results of such measures. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
(3) Deleted. <Feb. 29, 2008>
(4) Matters regarding business activities subject to a marine environmental impact survey pursuant to paragraph (1), the items and period of the survey, etc. shall be prescribed by Presidential Decree. <Amended on Jun. 1, 2012>
CHAPTER X KOREA MARINE ENVIRONMENT MANAGEMENT CORPORATION
 Article 96 (Establishment of Corporation)
(1) The Korea Marine Environment Management Corporation (hereinafter referred to as the "Corporation") shall be established to carry out projects for the preservation, management, and improvement of the marine environment, marine pollution response projects, and projects for marine environment- and marine pollution-related technical development, education and training, etc. <Amended on Oct. 31, 2017>
(2) The Corporation shall be a legal entity.
(3) The Corporation may have branch offices, business offices, research institutes, educational institutions, etc., as prescribed by its articles of incorporation.
 Article 97 (Projects)
(1) The Corporation shall carry out the following projects:
1. Projects for the preservation and management of the marine environment;
2. Projects for the improvement of the marine environment specified in each of the following items:
(a) Collection and disposal of pollutants;
(b) Installation and operation of pollutants storage facilities, and trust management;
(c) Salvaging and towing of ships to prevent the discharge of pollutants;
(d) Marine environment-related testing, survey, research, design, development, and supervision of construction;
3. Projects for responding to marine pollution detailed in each of the following items:
(a) Performance of marine pollution response duties, and placement and installation of pollution response ships, etc. (including cases where such work is entrusted or executed vicariously);
(b) Provision of materials and chemicals necessary for marine pollution response, installation of storage facilities for such materials and chemicals, etc. (including cases where such work is entrusted or executed vicariously);
(c) Other projects prescribed by Presidential Decree, which are related to marine pollution response;
4. Projects incidental to those referred to in subparagraphs 1 through 3, which are prescribed by the articles of association;
5. Marine environment-related international cooperation and technical outsourcing;
6. Education and training, and PR on the marine environment;
7. Projects entrusted by the State or local governments in relation to subparagraphs 1 through 6;
8. Other projects prescribed by Presidential Decree, which are necessary to achieve the objective of the establishment of the Corporation.
(2) Where necessary for the preservation and management of the marine environment in performing the projects under paragraph (1), the Corporation may install facilities prescribed by Presidential Decree or transfer installed facilities to another person.
 Article 98 (Articles of Association)
(1) The following shall be included in the articles of incorporation of the Corporation:
1. Objectives;
2. Name;
3. Matters regarding the principal office, branch offices, business offices, or research institutes;
4. Matters regarding the qualifications of executive officers and employees;
5. Matters regarding the board of directors;
6. Matters regarding business affairs and the execution thereof;
7. Matters regarding property and accounting;
8. Matters regarding the method of amending the articles of association and method of issuing public announcements;
9. Matters regarding the enactment and amendment of internal rules and regulations.
(2) The Corporation shall obtain authorization for its articles of incorporation from the Minister of Oceans and Fisheries. The same shall apply to any amendment to the articles of incorporation of the Corporation. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 99 (Executive Officers)
(1) The executive officers of the Corporation shall consist of five to nine directors, including one president, and one auditor. In such cases, the fixed number of the directors shall be prescribed by the articles of incorporation.
(2) Four of the directors referred to in paragraph (1) shall be standing directors and the rest shall be non-standing ones.
(3) The Minister of Oceans and Fisheries shall appoint the president and the auditor. In such cases, the Minister of Oceans and Fisheries may dismiss the president or auditor even during his or her term of office if it is deemed difficult for them to perform their duties. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) The president shall appoint directors, upon approval from the Minister of Oceans and Fisheries. In such cases, where it is deemed impracticable for any director to perform his or her duties, the president may dismiss the director even during his or her term of office. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(5) Each executive officer shall hold office for a term of three years, and may be re-appointed for further terms.
 Article 100 (Duties of Executive Officers)
(1) The president shall represent the Corporation and exercise overall control over its affairs.
(2) The directors shall assist the president and take partial charge of the business affairs of the Corporation, as prescribed by the articles of incorporation, and act on behalf of the president in the order prescribed by the articles of incorporation if the president is unable to perform his or her duties due to any unavoidable cause.
(3) The auditor shall audit the business affairs and accounts of the Corporation.
 Article 101 (Grounds for Disqualification of Executive Officers)
(1) None of the following persons shall become an executive officer: <Amended on May 21, 2014>
1. A person who is not a national of the Republic of Korea;
2. A person under adult guardianship or a person under limited guardianship;
3. A person declared bankrupt and not yet reinstated;
4. A person for whom two years have not passed since his or her imprisonment without labor or heavier punishment was completely executed (including cases where the execution is deemed terminated) or since the non-execution of such sentence became final and conclusive;
5. A person who is under the suspension of the sentence of imprisonment without labor or heavier punishment;
6. A person who has been disqualified or whose qualification has been suspended by a court ruling or under other statutes.
(2) Any executive officer who falls under any provision of paragraph (1), or is proven to fall under any provision of paragraph (1) as at the time he or she was appointed as an executive officer, shall automatically resign.
(3) Any act done by an executive officer who retired from office pursuant to paragraph (2) before his or her retirement shall remain in effect.
 Article 102 (Board of Directors)
(1) The board of directors shall be established in the Corporation to resolve on important matters regarding the business affairs of the Corporation.
(2) The board of directors shall be comprised of the president and directors, and the president shall convene the meetings of the board of directors and preside over such meetings.
(3) The board of directors shall pass a resolution with the attendance of a majority of the registered members and the consent of a majority of those present.
(4) The auditor may appear at the meetings of the board of directors and state his or her opinions.
(5) Matters necessary for the operation of the board of directors shall be prescribed by Presidential Decree.
 Article 103 (Sources of Finance)
The funds needed to operate the Corporation and to carry out its projects shall be financed by each of the following: <Amended on Oct. 31, 2017>
1. Pollution response contributions and surcharges under Article 69-2 (1);
2. Profits coming from the projects under Article 97;
3. Loans from outside lenders under Article 104 (3);
4. Funds created by the issue of bonds under Article 106;
5. Fees under Article 122 (2);
6. Earnings from asset management;
7. Subsidies from the Government;
8. Contributions under relevant statutes and regulations;
9. Other revenues prescribed by the articles of incorporation.
 Article 104 (Investments)
(1) The Corporation may make investments or contributions in the fields related to the projects referred to in Article 97 upon a resolution by the board of directors, if necessary to efficiently perform its projects.
(2) Matters necessary for making investments or contributions under paragraph (1) shall be prescribed by Presidential Decree.
(3) The Corporation may borrow funds (including borrowing funds from international organizations, foreign governments, or foreigners), if deemed necessary to carry out the projects referred to in Article 97. In such cases, it shall obtain approval from the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 105 (Gratuitous Lending of State or Public Property)
Notwithstanding the State Property Act, the Commodity Management Act, the Local Finance Act, and the Public Property and Commodity Management Act, the State or a local government may gratuitously lend State or public property to the Corporation or permit the Corporation to use or profit from State or public property, for a period of up to five years. <Amended on Dec. 27, 2016>
[This Article is effective until June 27, 2027 pursuant to Article 2 of the Addenda to Act No. 14516 (December 27, 2016)]
 Article 106 (Issuance of Bonds)
(1) The Corporation may issue bonds upon a resolution by the board of directors. In such cases, it shall obtain approval from the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall have a prior consultation with the Minister of Economy and Finance before granting approval for the issuance of bonds under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) The State may guarantee the redemption of the principal and interest accrued from the bonds issued by the Corporation.
(4) The validity of such bonds shall be five years for the principal and two years for interest, commencing from the date of redemption.
(5) Other matters necessary for issuing bonds shall be prescribed by Presidential Decree.
 Article 107 (Budget and Settlement of Accounts)
(1) The fiscal year of the Corporation shall coincide with that of the Government.
(2) The Corporation shall obtain approval for its business plan and budget for each fiscal year from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. The same shall apply to any modification of the approved matters. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) The Corporation shall prepare a balance sheet of the settlement of accounts within three months after the end of each fiscal year and submit it to the Minister of Oceans and Fisheries for approval. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 108 (Guidance and Supervision over Affairs)
(1) The Minister of Oceans and Fisheries shall provide guidance and supervision over the affairs of the Corporation, and may give the Corporation directions or orders regarding its business affairs, if deemed necessary: Provided, That the Commissioner of the Korea Coast Guard may, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, provide guidance and supervision in connection with emergency pollution response measures, from among the projects referred to in Article 97 (1) 3. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) The Minister of Oceans and Fisheries may require the Corporation to report on its affairs, accounting, and property or require a public official under his or her jurisdiction to inspect its books, documents, and others, if deemed necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 109 (Application Mutatis Mutandis of the Civil Act)
Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Corporation.
CHAPTER XI SUPPLEMENTARY PROVISIONS
 Article 110 (Type Approval for Marine Environment Measuring Apparatus)
(1) Any person who intends to manufacture or import the equipment and apparatus necessary to measure, analyze, or examine the state of the marine environment under Article 12 (1) (hereinafter referred to as "marine environment measuring apparatus") shall obtain type approval from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to the manufacture and import of marine environment measuring apparatus for purposes of testing, research, or development, which are confirmed by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
(2) Any person who intends to use marine environment measuring apparatus shall undergo an accuracy survey conducted by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and any person who intends to supply or use standard substances, such as a standard solution and standard gas (hereinafter referred to as "calibration appliance"), which are used for such inspection, shall undergo an inspection by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Any person who intends to manufacture, produce, or import marine pollution prevention equipment (excluding noxious liquid substance pollution prevention equipment), anti-fouling systems, and shipboard incineration equipment (hereinafter referred to as "equipment subject to type approval") prescribed by Ordinance of the Ministry of Oceans and Fisheries shall obtain type approval from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to the manufacture, production, or import of equipment subject to type approval for purposes of testing, research, or development, which are confirmed by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>
(4) Any person who intends to manufacture, produce, or import materials or chemicals used for removing or preventing pollutants pursuant to Article 66 (1) shall obtain type approval from the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to the manufacture, production, or import of materials or chemicals used for response to or prevention of pollutants for purposes of testing, research, or development, which are confirmed by the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(5) Any person who intends to obtain type approval under paragraphs (1), (3), and (4), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall first undergo a performance test of marine environment measuring apparatus, equipment subject to type approval, or materials or chemicals, which is conducted by the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(6) Where a person who has obtained type approval under paragraphs (1), (3), and (4) manufactures, produces, or imports marine environment measuring apparatus, equipment subject to type approval, or materials or chemicals, he or she shall obtain survey for each article from the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. In such cases, any equipment subject to type approval, or material or chemical granted survey shall be deemed to have passed an inspection first conducted, from among the marine pollution prevention survey. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(7) Any person who installs equipment subject to type approval, or provides and keeps materials or chemicals on a ship in a party to the convention shall obtain recognition from the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, articles so recognized shall be deemed to have obtained type approval, or to have undergone a performance test and ship equipment inspection under paragraphs (3) through (5). <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(8) Article 60 shall apply mutatis mutandis to any objection against verification for equipment subject to type approval, or for materials and chemicals provided for in paragraph (6). In such cases, "survey" and "resurvey" in Article 60 shall be construed as "inspection" and "reinspection," respectively. <Amended on Jun. 1, 2012>
(9) Where a person who has obtained type approval under paragraphs (1), (3), and (4) falls under any of the following, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may revoke such approval, or issue an order for business suspension of up to six months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That he or she shall revoke such approval if the person falls under subparagraph 1 or 2: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017>
1. Where he or she has obtained type approval by fraud or other improper means;
2. Where he or she has undergone a ship equipment inspection by fraud or other improper means;
3. Where he or she has sold marine environment measuring apparatus, equipment subject to type approval, or materials and chemicals, which fail to meet the required standards;
4. Where he or she has not conducted business for at least two consecutive years without good cause.
 Article 110-2 (Certification of Performance)
(1) Any person who intends to manufacture, produce, or import materials or chemicals to prevent or respond to pollutants, other than the materials and chemicals provided for in Article 110 (4) (hereinafter referred to as "materials or chemicals excluded from type approval"), may obtain certification of performance from the Commissioner of the Korea Coast Guard in accordance with the procedures and methods prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017>
(2) Any person who intends to obtain certification of performance under paragraph (1) shall in advance undergo a performance test conducted by the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, on the materials or chemicals excluded from type approval. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017>
(3) Where a person who has obtained certification of performance pursuant to paragraph (1) manufactures, produces, or imports the certified materials or chemicals excluded from type approval, he or she shall undergo ship equipment inspection from the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017>
(4) Where a person who has obtained certification of performance pursuant to paragraph (1) falls under any of the following cases, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may revoke the relevant certification of performance, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. Where he or she has obtained such certification of performance by fraud or other improper means;
2. Where he or she has obtained the relevant ship equipment inspection by fraud or other improper means;
3. Where he or she has not conducted business for at least two consecutive years without good cause.
[This Article Newly Inserted on Jun. 15, 2011]
 Article 110-3 (Succession to Status of Person Granted Type Approval)
(1) Any of the following persons shall succeed to the status of a person who has obtained type approval under Article 110 (1), (3), or (4) or certification of performance under Article 110-2 (1) (hereafter in this Article referred to as "business entity"):
1. Where a business entity transfers the business, the transferee of the business;
2. Where a business entity dies, the successor of the business;
3. Where a business entity who is a corporation merges with any other corporation, the corporation surviving the merger or resulting from the merger.
(2) A person who has succeeded to the status of a business entity pursuant to paragraph (1) shall file a report thereon with the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries within one month from the date of succession.
[This Article Newly Inserted on Oct. 31, 2017]
 Article 111 (Reporting on Dismantling of Ships)
(1) Any person who intends to dismantle a ship shall prepare a work plan to prevent the discharge of pollutants in the course of the dismantling process, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and report such plan to the Commissioner of the Korea Coast Guard by not later than seven days before the commencement of dismantling: Provided, That the same shall not apply where a ship is dismantled by the methods prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as dismantling conducted on land. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) Upon receipt of a reporting under paragraph (1), the Commissioner of the Korea Coast Guard shall review the details thereof and accept such report when it is in compliance with this Act and where a work plan reported pursuant to paragraph (1) is deemed insufficient or is deemed not implemented, he or she may issue a corrective order as necessary. <Amended on Nov. 19, 2014; Jul. 26, 2017; Mar. 24, 2020>
(3) Any sea area management authority may establish and operate a ship dismantling yard which conforms to the criteria for facilities and is equipped with apparatus, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries for the dismantling of neglected ships and their smooth disposal. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 112 (Acting as Agent in Performing Duties)
(1) The Minister of Oceans and Fisheries may allow the Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act (hereinafter referred to as the “Korea Maritime Transportation Safety Authority”) or a classification society provided for in Article 60 (2) of the Ship Safety Act (hereinafter referred to as "classification society") to act as agent in performing the following duties. In such cases, the Minister of Oceans and Fisheries shall conclude an agreement, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Dec. 18, 2012; Mar. 23, 2013; Dec. 27, 2016; Dec. 31, 2018; Mar. 24, 2020>
1. Issuing approval for the rate of discharge under Article 22-2;
1-2. Issuing approval seals for a procedures and arrangements manual provided for in Article 27 (3);
1-3. Issuing approval seals for ship-to-ship operations plan under Article 32-2 (1);
1-4. Reviewing the ship energy efficiency management plan and issuing the confirmation of compliance of the ship energy efficiency management plan under Article 41-3 (2) and (3);
1-5. Verifying the ship fuel oil consumption, etc. and issuing the statement of compliance regarding ship fuel oil consumption, etc. under Article 41-4 (3);
2. Conducting inspections of vapour emissions control systems provided for in Article 47 (3);
2-2. Issuing approval seals for volatile organic compounds management plans under Article 47-2 (1);
3. Conducting marine pollution prevention survey, preliminary survey, and energy efficiency survey: Provided, That the designation of an agent to inspect equipment for preventing the discharge of nitrous oxides from a diesel engine, from among air pollution prevention equipment shall be first consulted on with the Minister of Environment;
4. Issuing marine pollution prevention certificates provided for in Article 49 (2), temporary marine pollution prevention certificates provided for in Article 52 (2), anti-fouling system certificates provided for in Article 53 (2), certificate of articles for the ship use provided for in Article 54 (2), international energy efficiency certificates provided for in Article 54-2 (2), and convention certificate provided for in Article 55 (1);
5. Extending the validity of marine pollution prevention certificates and of convention certificates under Article 56 (2).
(2) The Commissioner of the Korea Coast Guard may allow the Korea Maritime Transportation Safety Authority or a classification society to act as agent in performing duties regarding the approval seal for shipboard marine pollution emergency plans. In such cases, the Commissioner of the Korea Coast Guard shall conclude an agreement, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 31, 2018>
(3) The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may allow an agent who meets the criteria for designation prescribed by Ordinance of the Ministry of Oceans and Fisheries and who is determined and publicly notified by the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard to act as agent in performing duties regarding the type approval, accuracy inspections, performance tests, ship equipment inspection, and recognition provided for in Article 110 (1), (2), and (4) through (7), and performance tests and ship equipment inspection provided for in Article 110-2 (2) and (3). <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(4) Matters regarding the requirements for designation, and guidance and supervision of agents provided for in paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 113 (Revocation of Designation as Agents in Performing Duties)
(1) Where any of the following applies to an agent under Article 112 (1) through (3), the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may revoke the relevant agreement or designation as agent: Provided, That if subparagraph 1 applies to the agent, such agreement or designation shall be revoked: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. Where the agency agreement or designation of agent is concluded or made by fraud or other improper means;
2. Where the agent fails to meet any of the requirements for designation under Article 112 (4) (limited to the designation of an agent);
3. Where the agent fails to act as agent in performing duties for at least three months without good cause;
4. Where the person who performs duties as agent violates any provisions of the agreement concluded in relation to such duties.
(2) Notwithstanding paragraph (1), where a person designated as an inspection agent through consultation under the proviso of Article 112 (1) 3 violates any provision of the agreement under Article 112 (1), the Minister of Environment may request the Minister of Oceans and Fisheries to revoke the relevant agreement. In such cases, the Minister of Oceans and Fisheries shall comply with such request unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Matters necessary for revoking agency agreements or designation of agents under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 114 (Cooperation of Relevant Administrative Agencies)
(1) Sea area management authorities or the Commissioner of the Korea Coast Guard may, where deemed necessary to achieve the objective of this Act, request the head of a relevant administrative agency to provide data and information necessary for marine environmental management or marine pollution prevention, and mobilize personnel and equipment for urgent marine pollution prevention, respectively. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(2) The Corporation may, where necessary to conduct its businesses under Article 97, request relevant administrative agencies to render necessary cooperation such as perusal, reproduction, etc. of data or information.
(3) The heads of the relevant administrative agencies requested to render cooperation by sea area management authorities, the Commissioner of the Korea Coast Guard, or the Corporation pursuant to paragraphs (1) and (2) shall comply with such request unless there is a compelling reason not to do so. <Amended on Nov. 19, 2014; Jul. 26, 2017>
 Article 115 (Entrance for Inspection and Reporting)
(1) The Minister of Oceans and Fisheries may, as prescribed by Presidential Decree, allow a public official of the Ministry to enter a ship to verify and inspect the related documents, facilities, devices, and fuel oil. <Amended on Dec. 29, 2009; Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries or a Mayor/Do Governor (limited to cases of reporting under Article 33) may, as prescribed by Presidential Decree, allow a public official of the Ministry to request necessary materials or a report from any of the following persons and to enter the facilities (including business places and offices; hereafter in this Article the same shall apply) for verification and inspection or to survey the related documents, facilities, or equipment: <Amended on Oct. 31, 2017; Feb. 18, 2020>
1. The owner of a marine facility (excluding the duties prescribed in Articles 34 through 36, 66, and 67);
2. A ship fuel oil supplier;
3. The owner of a marine facility which has installed the vapour emission control system under Article 47 (2);
4. Deleted; <Dec. 3, 2019>
5. Deleted; <Dec. 3, 2019>
6. A person who has obtained type approval under Article 110 (3).
(3) The Commissioner of the Korea Coast Guard may, as prescribed by Presidential Decree, allow a public official of the Ministry (applicable only to public officials designated as marine environmental guards under Article 116; hereafter in this Article the same shall apply) to request necessary materials or a report from any of the following persons, and to enter the facilities for verification and inspection or to inspect the related documents, facilities, or equipment: <Amended on Oct. 31, 2017>
1. The owner of a marine facility (applicable only to the duties provided for in Articles 34 through 36, 66, and 67);
2. A persons who engages in the marine pollution response business or oil hold cleaning business under in Article 70 (1) 2 or 3.
(4) Notwithstanding paragraph (1), where an emergency prescribed by Presidential Decree occurs on board a ship in connection with marine pollution, the Commissioner of the Korea Coast Guard may allow a public official under his or her jurisdiction to enter the ship for verification or inspection or to inspect the related documents, facilities, or equipment. <Amended on Dec. 29, 2009; Nov. 19, 2014; Jul. 26, 2017>
(5) Any public official who makes an entrance for inspection, etc. under paragraphs (1) through (4) shall carry identification indicating his or her authority and present it to relevant persons, and shall inform them of the purpose of entrance, his or her name, etc. in detail. <Amended on Dec. 29, 2009>
(6) No relevant person, such as a ship owner, shall refuse, obstruct, or evade the entrance for inspection, request for materials, reports, etc. by public officials under paragraphs (1) through (4) without good cause. <Amended on Dec. 29, 2009>
(7) With respect to the entrance for inspection, and reports, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may build and use computer networks to deal with affairs, including guidance and inspections, advance notice of inspections, and notification of the inspection results, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 116 (Marine Environmental Guards)
(1) The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may designate subordinate public officials as marine environmental guards to perform the duties under Article 115 (1) through (4). <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) Matters regarding appointment, qualifications, duties, etc. of marine environmental guards under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 29, 2009>
 Article 116-2 (Honorary Marine Environmental Guards)
(1) For the guidance, enlightenment activities, etc. aimed at efficiently managing the marine environment, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may appoint as an honorary marine environmental guard any member of a private organization engaged in activities of preserving and managing the marine environment and preventing marine pollution or any person faithfully conducting activities for marine environment management.
(2) The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may provide honorary marine environmental guards with expenses incurred in performing their duties within the budget.
(3) Matters necessary for the qualifications, appointment method, scope of duties, functions, etc. of honorary marine environmental guards referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on Jan. 8, 2019]
 Article 117 (Stopping, Search, Seizure of Ships, and Prohibition of Ships from Entry into or Departure from Ports)
Where it is deemed that a ship is suspected of violating this Act, sea area management authorities or the Commissioner of the Korea Coast Guard may stop, search, and seize the ship or prohibit the ship from entering into or departing from a port, or issue other necessary orders or take necessary measures. <Amended on Nov. 19, 2014; Jul. 26, 2017>
 Article 118 (Confidentiality)
(1) No current or former executive officer or employee of an assessment agent or a sea area utilization impact review agency shall divulge or misappropriate confidential information he or she has become aware of in the course of performing his or her duties regarding preparation of sea area utilization consultation forms, etc. and sea area utilization impact review. <Amended on Jun. 15, 2011>
(2) No current or former executive officer or employee of the Corporation shall divulge or misappropriate confidential information he or she has become aware of in the course of performing his or her duties.
(3) No current or former executive officer or employee of an institution or organization which acts as an agent in performing duties under Article 112 shall divulge or misappropriate confidential information he or she has become aware of in the course of performing such duties.
 Article 119 (Subsidies from National Treasury)
(1) Where a local government takes any of the following measures, subsidies may be granted from the National Treasury to fully or partially cover the associated expenses:
1. Marine environmental improvement measures under Article 18;
2. Deleted; <Dec. 3, 2019>
3. Installation and operation of pollutant storage facilities under Article 38 (1).
(2) The State may provide financial support to cover the expenses incurred in installing or improving marine pollution prevention equipment, pollutant storage facilities, and other marine pollution prevention equipment.
(3) The State or a local government may provide support to private organizations which work for the preservation and management of the marine environment and marine pollution prevention, as prescribed by Presidential Decree.
 Article 119-2 (Monetary Rewards for Reporting)
(1) The Minister of Oceans and Fisheries, the Commissioner of the Korea Coast Guard, a Mayor/Do Governor, or the head of a Si/Gun/Gu may pay a monetary reward, within the budget, to those who report any of the following persons to the competent administrative agency or investigative agency: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 3, 2019>
1. A person who discharges pollutants generated from a ship or marine facilities, etc., in violation of Article 22 (1) or (2);
2. A person who discharges garbage into the sea, in violation of Article 7 (1) of the Management of Marine Garbage and Contaminated Marine Sediment Act.
(2) The standards, methods, and procedures for the payment of the monetary reward under paragraph (1), the specific amount to be paid, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 29, 2009]
 Article 120 (Hearings)
The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard shall hold a hearing, as prescribed by the Administrative Procedures Act, in order to impose any of the following dispositions: <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. Revocation of certification of measuring and analyzing capabilities under Article 13 (3);
2. Revocation of registration under Article 75;
3. Revocation of designation under Article 82;
4. Revocation of registration under Article 89;
5. Revocation of type approval under Article 110 (9);
6. Revocation of certification of performance under Article 110-2 (4).
 Article 121 (Education and Training on Marine Pollution Prevention and Response)
The Minister of Oceans and Fisheries may operate education and training courses on marine pollution prevention and response, as prescribed by Presidential Decree:
1. Education and training courses related to the qualifications of a marine pollution prevention manager in a ship under Article 32 (1);
2. Education and training courses related to the qualifications of a marine pollution prevention manager in a marine facility under Article 36 (1);
3. Education and training courses related to the qualifications of a technical staff member under Article 70 (2);
4. Other education and training courses on marine pollution prevention and response, which are deemed necessary by the Minister of Oceans and Fisheries.
[This Article Wholly Amended on Mar. 24, 2020]
 Article 122 (Fees)
(1) Any person who intends to obtain or receive type approval, accuracy inspection, certification, approval seal, approval (limited to the approval for the rate of discharge referred to in Article 22-2), survey, performance test, ship equipment inspection, recognition, verification (limited to the verification of the ship fuel oil consumption, etc. referred to in Article 41-4 (3)), designation (limited to the designation of company or organization referred to in Article 42 (3)), and certification of performance under this Act shall pay required fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017; Mar. 24, 2020>
(2) The Corporation may collect fees for the provision of materials and chemicals, pollution response, or the placement and installation of pollution response ships, etc. as prescribed by the articles of association in order to conduct its businesses under Article 97.
(3) Any agent designated under Article 112 who executes type approval, accuracy inspection, approval seal, approval (limited to the approval for the rate of discharge referred to in Article 22-2), inspection, performance test, ship equipment inspection, recognition, and verification (limited to the verification of the ship fuel oil consumption, etc. referred to in Article 41-4 (3)) may collect fees. In such cases, prior approval shall be obtained from the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017; Mar. 24, 2020>
 Article 123 (Delegation and Entrustment)
(1) The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may delegate or entrust part of his or her authority under this Act to the head of an agency under his or her jurisdiction, the head of another administrative agency, or the head of a local government, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) A Mayor/Do Governor may delegate part of his or her authority under this Act to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(3) The Minister of Oceans and Fisheries and a Mayor/Do Governor may entrust part of his or her duties under this Act to the president of the Corporation, as prescribed by Presidential Decree. <Amended on Mar. 24, 2020>
[Title Amended on Dec. 18, 2012]
 Article 124 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions)
Executive officers and employees of sea area utilization impact review agencies under Article 91 (2), of the Corporation, and of agencies related to type approval, inspection, performance test, ship equipment inspection, etc. under Article 112 shall be deemed public officials for purposes of applying penalty provisions under Articles 129 through 132 of the Criminal Act. <Amended on Jun. 15, 2011>
 Article 125 Deleted. <Mar. 21, 2017>
CHAPTER XII PENALTY PROVISIONS
 Article 126 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Dec. 27, 2016>
1. A person who discharges oil, noxious liquid substance, or harmful substance in packaged form, from ships or marine facilities in violation of Article 22 (1) and (2);
2. A person who violates an order under Article 93 (2).
 Article 127 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Dec. 27, 2016>
1. A person who discharges garbage from ships or marine facilities in violation of Article 22 (1) and (2);
2. A person who discharges oil, noxious liquid substance, or harmful substance in packaged form, from ships or marine facilities by negligence in violation of Article 22 (1) and (2);
3. A person who operates a ship for navigation in violation of Article 57 (1) through (3);
4. A person who fails to take pollution response measures or violates an order to take measures under Article 64 (1) or (3);
5. A person who fails to take measures to prevent discharge of pollutants under Article 65 or violates an order to take measures.
 Article 128 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Jun. 15, 2011; Jun. 1, 2012; Dec. 27, 2016>
1. A person who discharges garbage from ships or marine facilities by negligence in violation of Article 22 (1) and (2);
2. A person who navigates a ship without installing a garbage pollution prevention equipment pursuant to Article 25 (1);
3. A person who navigates a ship without installing an oil pollution prevention equipment under Article 26 (1);
4. A person who navigates a ship without installing a hull structure, etc. under Article 26 (2);
5. A person who navigates a ship without installing a noxious liquid pollution prevention equipment under Article 27 (1);
6. A person who installs a cargo hold on a ship in violation of Article 27 (2);
7. A person who uses harmful anti-fouling paints or harmful anti-fouling systems in violation of Article 40 (1) and (2), or fails to use or install anti-fouling paints or anti-fouling systems in compliance with legitimate criteria and methods;
8. A person who fails to place or install pollution response ships, etc. in violation of Article 67 (1);
9. A person who violates an order to prohibit ships from entering into and departing from a port or an order to suspend the use of facilities under Article 67 (3);
10. A person who conducts a marine environment management business without making registration under Article 70 (1);
11. A person who conducts business activities after his or her registration has been revoked, or during the period of business suspension after receiving a business suspension order, pursuant to Article 75;
12. A person who fails to conduct a marine pollution impact survey provided for in Article 77 (1);
13. A person who conducts business activities after the designation thereof has been revoked, or during the period of business suspension after receiving a business suspension order, pursuant to Article 82 (1) and Article 89 (1);
14. A person who falsely prepares a sea area utilization consultation form provided for in Article 84 (4) or a statement on sea area utilization impact assessment provided for in Article 85 (2);
15. A person who acts as an agent in preparing a sea area utilization consultation form, etc. without making registration as an assessment agent under the former part of Article 86 (1);
16. A person who falsely states the results of a marine environmental impact survey under Article 95 (1);
16-2. A person who sells marine environment measuring apparatus exempt from type approval pursuant to the proviso of Article 110 (1), equipment subject to type approval pursuant to the proviso of Article 110 (3), or materials or chemicals used for response against or prevention of pollutants pursuant to the proviso of Article 110 (4);
17. A person who conducts business activities after the type approval or ship equipment inspection has been revoked, or during the period of business suspension after receiving a business suspension order, pursuant to Article 110 (9);
17-2. A person who sells materials or chemicals excluded from type approval, which he or she has manufactured, produced or imported, carrying an indication of certification of performance, despite the fact that he or she has not obtained any certification of performance for such materials or chemicals excluded from type approval pursuant to Article 110-2 (1) or that certification of performance has been revoked;
18. A person who refuses, obstructs or evades the stopping, search and seizure of ships, the prohibition of ships from entering into or departing from a port, or other necessary orders or measures under Article 117.
 Article 129 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for up to one year, or by a fine of up to 10 million won: <Amended on Dec. 29, 2009; Jun. 15, 2011; Jan. 8, 2019; Mar. 24, 2020>
1. A person who installs a facility in a specially-managed sea area or exceeds the limit on the total quantity of discharged pollutants, in violation of Article 15-2 (2);
2. Deleted; <Dec. 3, 2019>
3. A person who operates a ship for navigation without installing an air pollution prevention equipment under Article 41 (1);
4. A person who discharges ozone depleting substances, in violation of Article 42 (1);
5. A person who operates a diesel engine in excess of the permissible emission limit of nitrous oxides, in violation of Article 43 (1);
6. A person who uses fuel oil which exceeds the sulphur content standards, in violation of Article 44 (1);
6-2. A person who loads a ship with fuel oil which exceeds the sulphur content standards, in violation of Article 44 (2);
7. A person who supplies fuel oil which falls short of the quality standards or exceeds the sulphur content standards, in violation of Article 45 (1);
8. A person who fails to install or operate a vapour emission control system, in violation of Article 47 (2);
9. A person who installs a vapour emission control system without undergoing an inspection, in violation of Article 47 (3);
10. A person falling under Article 63 (1) 1 or 2 who fails to file a report or files a false report;
11. A person who conducts construction before the completion of the consultation or re-consultation procedures under Articles 84 and 85;
12. A person who reproduces the contents of other sea area utilization consultation forms, etc. or fails to retain sea area utilization consultation forms, etc. for a period prescribed by statutes and regulations, or prepares false sea area utilization consultation forms, etc., in violation of subparagraphs 1 through 3 of Article 88;
13. A person who divulges or misappropriates confidential information, in violation of Article 118 (1).
(2) Any of the following persons shall be punished by imprisonment with labor for up to one year, or by a fine of up to five million won: <Amended on Dec. 21, 2007; Dec. 29, 2009; Jun. 15, 2011; Dec. 18, 2012; Dec. 27, 2016>
1. Deleted; <Dec. 3, 2019>
2. A person who installs, or maintains and operates a garbage pollution prevention equipment, in violation of the criteria under Article 25 (2);
3. A person who installs, or maintains and operates an oil pollution prevention equipment, in violation of Article 26 (3);
4. A person who installs, or maintains and operates a noxious liquid substance pollution prevention equipment, in violation of Article 27 (4);
5. A person who loads a ship's ballast water or oil, in violation of Article 28;
6. A person who transports harmful substances in packaged form, in violation of Article 29;
7. A person who let pollutants collected and disposed of in a ship or marine facility, in violation of Article 37;
8. A person who operates a ship for navigation without undergoing a marine pollution prevention survey under Articles 49 through 53;
8-2. A person who uses, for navigation, a ship which has failed to undergo an energy efficiency survey, in violation of Article 54-2;
9. A person who fails to comply with any order or disposition issued under Article 58 or 59;
9-2. A person who fails to obtain type approval, ship equipment inspection, or recognition under Article 110 (4), (6), or (7), or uses materials or chemicals without undergoing a ship equipment inspection pursuant to Article 110-2 (3) for pollution response measures, in violation of Article 64 (6);
10. A person who fails to stock and keep materials and chemicals in storage facilities, ships, or marine facilities, in violation of Article 66 (1);
11. A person who violates an order for disposal under Article 73;
12. A person who uses marine environment measuring apparatus without undergoing an accuracy inspection or supplies or uses calibration appliances, in violation of Article 110 (2);
13. A person who manufactures, produces, or imports without obtaining or undergoing type approval, a performance test, ship equipment inspection, or recognition under Article 110 (1) and (3) through (7);
14. A person who dismantles a ship without filing a report under Article 111 (1);
15. A person who refuses, obstructs, or evades the entrance for inspection, request for reporting, etc. without good cause, in violation of Article 115 (6);
16. A person who divulges or misappropriates confidential information he or she has become aware of in the course of performing his or her duties, in violation of Article 118 (2) and (3).
 Article 130 (Joint Penalty Provisions)
Where the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits an offense under Articles 126 through 129 in conducting the business affairs of the corporation or individual, not only shall such offender, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in paying due attention or supervision to the relevant business affairs in order to prevent such offense.
[This Article Wholly Amended on Dec. 29, 2009]
 Article 131 (Special Cases concerning Application of Penalty Provisions to Foreigners)
(1) In applying Articles 127 and 128 to foreigners, they shall be punished by a fine provided for in the corresponding Article, unless they have intentionally committed an offense in the territorial sea of Korea.
(2) Article 2 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone shall apply to the scope of foreigners referred to in paragraph (1), and Articles 23 through 25 of the same Act shall apply mutatis mutandis to judicial procedures for foreigners.
 Article 132 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Oct. 31, 2017>
1. A person who falsely states the results of a marine pollution impact survey under Article 77 (1);
2. Deleted. <Jun. 15, 2011>
(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jun. 15, 2011; Mar. 24, 2014; Oct. 31, 2017; Mar. 24, 2020>
1. A person who discharges pollutants prescribed by Presidential Decree from marine space, in violation of Article 22 (2);
2. A person who fails to report on marine facilities or report on changes thereof, in violation of Article 33 (1);
2-2. A person who fails to conduct a safety inspection under Article 36-2 (1);
2-3. A person who fails to file a report under Article 36-2 (2) or files a false report;
2-4. A person who fails to retain the results of a safety inspection under Article 36-2 (3);
3. A person who installs equipment containing ozone depleting substances on a ship, in violation of Article 42 (2);
4. A person who fails to provide a copy of the bunker delivery note and a fuel oil sample, or falsely provides a copy of the bunker delivery note and a fuel oil sample, in violation of Article 45 (2);
5. A person who fails to cooperate in pollution response measures, in violation of Article 64 (2);
6. A person who fails to register a change under Article 70 (3);
7. Deleted; <Dec. 3, 2019>
8. A person who fails to report on succession to the rights and duties of a marine environmental management business entity, in violation of Article 74 (3) or falsely files such report;
9. Deleted; <Dec. 3, 2019>
10. A person who fails to comply with any of the obligations to be observed under subparagraphs 4 and 5 of Article 88;
11. A person who fails to conduct a marine environmental impact survey under Article 95 (1), or fails to give notice of its results or gives a false notice thereof;
12. A person who fails to take necessary measures under Article 95 (2).
(3) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
1. A person who maintains and operates air pollution prevention equipment not in compliance with the criteria, in violation of Article 41 (2);
2. A person who transfers an installation containing ozone depleting substances to persons, other than companies or organizations designated and publicly notified by the Minister of Oceans and Fisheries, in violation of Article 42 (3);
3. A person who burns substances on a ship, the shipboard incineration of which is prohibited, in violation of Article 46 (1);
4. A person who installs, or maintains and operates an incinerator, in violation of Article 46 (2) or (4);
5. A person who burns substances, using a main or auxiliary engine or boiler in sea areas on which incineration is prohibited, in violation of Article 46 (3).
(4) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Dec. 29, 2009; Jun. 15, 2011; Dec. 27, 2016; Oct. 31, 2017; Mar. 24, 2020>
1. A person who fails to obtain approval for the rate of discharge, in violation of Article 22-2 (1) or who discharges garbage, in violation of the approved rate of discharge;
1-2. A person who fails to record the place where garbage is discharged and the amount of garbage discharged, etc. in the engine logbook of the ship, in violation of Article 22-2 (2);
1-3. A person who fails to provide a container for storing oil refuse under Article 26 (1);
2. A person who fails to provide the procedures and arrangements manual which bears an approval seal under Article 27 (3);
3. A person who fails to keep pollutants record books under Articles 30 and 34, fails to make entries therein or retain such record books, or makes false entries therein;
4. A person who fails to keep a shipboard marine pollution emergency plan or marine facility pollution emergency plan which bears an approval seal under Article 31 or 35, or who fails to implement measures, etc. in the shipboard marine pollution emergency plan or marine facility pollution emergency plan;
5. A person who fails to appoint a marine pollution prevention manager under Article 32 (1) or 36 (1);
6. A person who fails to keep a document evidencing the appointment of a marine pollution prevention manager under Article 32 (2);
6-2. A person who fails to appoint a substitute for a marine pollution prevention manager under Article 32 (3) or 36 (3);
6-3. A person who fails to have the operation of transferring or discharging pollutants, etc. directed or supervised under Article 32 (4) or 36 (4);
6-4. A person who fails to keep or observe a ship-to-ship operation plan, which bears an approval seal referred to in Article 32-2 (1);
6-5. A person who fails to make records on ship-to-ship operation referred to in Article 32-2 (2), or makes false records, or fails to retain records thereon;
6-6. A person who fails to report an operation plan under Article 32-2 (3) or falsely reports it;
6-7. A person who fails to report the appointment of a marine pollution prevention manager, in violation of Article 36 (2);
6-8. A person who fails to keep a ship energy efficiency management plan or a confirmation of compliance of the ship energy efficiency management plan in a ship, in violation of Article 41-3 (1) or (4);
6-9. A person who fails to report the fuel oil consumption, etc. or falsely reports it, in violation of Article 41-4 (1) or (2);
6-10. A person who fails to keep a statement of compliance regarding fuel oil consumption, etc. in a ship, in violation of Article 41-4 (4);
6-11. A person who fails to prepare, or falsely prepares, or fails to manage a list of equipment containing ozone depleting substances referred to in Article 42 (4);
6-12. A person who fails to prepare, or falsely prepares, or fails to keep an ozone depleting substance record book referred to in Article 42 (5);
7. A person who fails to make entries into an engine logbook, in violation of Article 44 (3);
8. A person who fails to retain an engine logbook for one year, in violation of Article 44 (4);
8-2. A person who fails to keep a fuel oil change-over procedure referred to in Article 44 (5);
9. A person who fails to retain bunker delivery notes or copies thereof for three years, in violation of Article 45 (3);
10. A person who fails to retain a fuel oil sample, in violation of Article 45 (4);
11. A person who fails to retain records on the operation of a vapour emission control system for three years, in violation of Article 47 (4);
11-2. A person who fails to keep or observe a volatile organic compounds management plan, which bears an approval steal referred to in Article 47-2 (1);
12. A person who fails to keep marine pollution prevention survey certificates, etc. in ships, in violation of Article 57 (4);
13. A person who fails to prepare and submit a statement of disposal results or fails to prepare and keep a ledger of disposal, in violation of Article 72 (1);
14. A person who fails to prepare a certificate of pollutants collection confirmation, in violation of Article 72 (2), or falsely prepares the pollutants collection confirmation certificate;
15. Deleted; <Dec. 3, 2019>
15-2. A person who intentionally delays pollutants response duties or obstructs pollution response measures of persons, etc. responsible for pollution response, in violation of Article 72 (4);
16. Deleted; <Dec. 3, 2019>
17. Deleted; <Dec. 3, 2019>
17-2. A person who fails to report on succession to rights and obligations, in violation of the latter part of Article 76 (5);
18. A person who fails to comply with a corrective order under Article 111 (2);
19. Deleted. <Mar. 24, 2020>
 Article 133 (Imposition and Collection of Administrative Fines)
Administrative fines referred to in Article 132 shall be imposed and collected by the Minister of Oceans and Fisheries, the Commissioner of the Korea Coast Guard, or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020>
[This Article Wholly Amended on Dec. 29, 2009]
ADDENDA <Act No. 8260, Jan. 19, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Article 19 (1) 2 shall enter into force two years after the date of its promulgation; Article 110 (1) three years after the date of its promulgation; and Articles 40 and 53 on the date on which the International Convention on the Control of Harmful Anti-Fouling Systems on Ships takes effect in Korea after this Act enters into force.
Article 2 (Repealed Acts)
The Prevention of Marine Pollution Act is hereby repealed.
Article 3 (Preparation for Establishment of Corporation)
(1) The Minister of Oceans and Fisheries shall establish the Corporation Establishment Promotion Committee (hereinafter referred to as "Establishment Committee") to handle affairs concerning the dissolution of the Korea Marine Pollution Response Corp. under Article 52-2 of the previous Prevention of Marine Pollution Act (hereinafter referred to as the "Pollution Response Corp.") and establishment of the Corporation.
(2) The Establishment Committee shall be comprised of up to 15 members, including the chairperson appointed or commissioned by the Minister of Oceans and Fisheries, on condition that it allow the participation of experts from the Government, Pollution Response Corp., academic circles, etc., and the Vice Minister of Oceans and Fisheries shall become the chairperson.
(3) The Establishment Committee shall prepare the articles of incorporation of the Corporation and have the members of the Establishment Committee affix their names and seals, or apply their signatures thereto to obtain authorization from the Minister of Oceans and Fisheries for registration for establishment.
Article 4 (Transfer of Affairs and Property)
(1) The Establishment Committee shall transfer its affairs and property to the president immediately after completing the registration for establishment of the Corporation.
(2) The Establishment Committee and its members shall be deemed dissolved, dismissed, or dismissed from commissioning as at the time the transfer of the affairs and property under paragraph (1) is finalized.
Article 5 (Establishment Costs)
The cost incurred in the dissolution of the Pollution Response Corp. and the establishment of the Corporation shall be borne by the Corporation.
Article 6 (Transitional Measures concerning Establishment of Corporation)
(1) The Pollution Response Corp. established under the previous Prevention of Marine Pollution Act as at the time this Act enters into force may apply for the approval of the Minister of Oceans and Fisheries to enable the Corporation scheduled to be established under this Act to succeed all the rights and duties, and property in accordance with the resolution of the Operation Committee.
(2) When the Pollution Response Corp. obtains the approval of the Minister of Oceans and Fisheries pursuant to the application under paragraph (1), it shall be deemed dissolved in concurrence with the establishment of the Corporation, notwithstanding the provisions of the Civil Act, which pertain to the dissolution and liquidation of corporations, and the acts done in the name of the Pollution Response Corp. and in relation to other Acts shall be deemed done in the name of the Corporation in concurrence with the establishment of the Corporation.
(3) A citation of the Pollution Response Corp. by other statutes and regulations quote as at the time this Act enters into force shall be deemed a citation of the Corporation in lieu of the Pollution Response Corp. in concurrence with the establishment of the Corporation.
(4) The property, and rights and duties of the Pollution Response Corp. as at the time this Act enters into force shall be succeeded to by the Corporation by a universal title in concurrence with the establishment of the Corporation. In such cases, the value of the property succeeded by the Corporation shall be the book value as at the time of succession.
(5) The name of the Corporation which is indicated in the registers concerning the property, and rights and duties succeeded to by a universal title under paragraph (4) and other public books shall be deemed the name of the Corporation in concurrence with the establishment of the Corporation.
Article 7 (Measures concerning Executive Officers and Employees)
(1) The term of office of the president, directors, and auditor of the Pollution Response Corp. as at the time this Act enters into force shall be deemed terminated in concurrence with the enforcement of this Act: Provided, That duties corresponding to the former position may be issued to the directors in consideration of their remaining term of office and ability to perform duties, as prescribed by the articles of association of the Corporation.
(2) Notwithstanding Article 99 (3) and (4), the first president, auditor, and directors of the Corporation shall be appointed by the Minister of Oceans and Fisheries upon the recommendation of the Establishment Committee.
(3) The employees of the Pollution Response Corp. as at the time this Act enters into force shall be deemed the employees of the Corporation.
Article 8 (Applicability to Prohibition on Use of Harmful Anti-Fouling Paints)
(1) Article 40 shall begin to apply to harmful anti-fouling paints or harmful anti-fouling systems used for marine facilities after this Act enters into force.
(2) Articles 40 and 53 (1) shall begin to apply to ships constructed after this Act enters into force: Provided, That with respect to the ships already constructed as at the time this Act enters into force, Articles 40 and 53 (1) shall begin to apply to such ships which undergo inspections, entering a dock for the first time after this Act enters into force.
Article 9 (Applicability to Consultation on Utilization of Sea Areas for Designation of Prospective Areas for Extraction of Marine Aggregates)
Article 84 (1) 4 through 6 shall begin to apply to applications filed with a license-granting agency for the designation of prospective areas for extraction of marine aggregates, permission to extract marine aggregates, and designation of marine aggregate extraction complexes after this Act enters into force.
Article 10 (Applicability to Sea Area Utilization Impact Assessment)
Article 85 shall begin to apply to applications filed with a license-granting agency for obtaining a license, etc. for acts falling under any subparagraph of paragraph (1) of the same Article.
Article 11 (General Transitional Measures)
Disposition imposed and other acts done by administrative agencies under the previous Prevention of Marine Pollution Act or various kinds of applications filed with and other acts done toward administrative agencies as at the time this Act enters into force shall be deemed acts done by or toward the corresponding administrative agencies under this Act.
Article 12 (Transitional Measures concerning Comprehensive Plans for Marine Environmental Conservation)
(1) The comprehensive plan for marine environmental conservation in force formulated under Article 4 of the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed the comprehensive plan for marine environmental management formulated under Article 14 of this Act.
(2) The master plan for the management of environmental management sea areas in force formulated under Article 4-5 of the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed the master plan for environmental management formulated under Article 16 of this Act.
(3) The national emergency pollution response plan for oil spill preparedness and response in force formulated in accordance with the International Convention on Oil Pollution Preparedness, Response and Cooperation as at the time this Act enters into force shall be deemed the national emergency pollution response plan formulated under Article 61 of this Act.
Article 13 (Transitional Measures concerning Environmental Preservation Sea Areas)
(1) The environmental preservation sea areas designated under Article 4-4 (1) of the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed designated as environmental preservation sea areas pursuant to Article 15 (1) 1 of this Act.
(2) The specially-managed sea areas designated under Article 4-4 (2) of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed designated as specially-managed sea areas pursuant to Article 15 (1) 2 of this Act.
(3) Restrictions on acts in environmental preservation sea areas, etc. under Article 4-4 of the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed restrictions on acts, or measures, etc. for environmental preservation sea areas or specially-managed sea areas under Article 15 (2) and (3) of this Act.
Article 14 (Transitional Measures concerning Consultation on Utilization of Sea Areas)
The consultation on the utilization of sea areas under Article 4-8 of the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed a consultation on the utilization of sea areas under Article 84 of this Act.
Article 15 (Transitional Measures concerning Marine Pollution Prevention and Removal Countermeasures Committee)
The Marine Pollution Prevention and Removal Countermeasures Committee, the Marine Pollution Impact Survey Assessment Committee, and the Marine Environment Preservation Advisory Committee established under the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed the Marine Environment Management Committee under this Act until the Marine Environment Management Committee is organized pursuant to Article 17 of this Act. In such cases, the matters falling under the jurisdiction of the Marine Pollution Prevention and Removal Countermeasures Committee, the Marine Pollution Impact Survey Assessment Committee, and the Marine Environment Preservation Advisory Committee shall comply with the classifications under Articles 51, 52-12, and 63 of the previous Prevention of Marine Pollution Act.
Article 16 (Transitional Measures concerning Ships That Have Oil Pollution Prevention Equipment on board)
(1) Any ship that has an oil pollution prevention equipment, hull, noxious liquid substance prevention facility, cargo hold, garbage pollution prevention equipment, and air pollution prevention equipment on board pursuant to Articles 6 (1), 12 (1) and (2), 17 (1), and 23-3 (1) of the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed a ship that has a garbage pollution prevention equipment, oil pollution prevention equipment, hull, noxious liquid substance prevention facility, cargo hold, and air pollution prevention equipment on board pursuant to Articles 25 (1), 26 (1) and (2), 27 (1) and (2), and 41 (1) of this Act.
(2) Any marine pollution prevention certificate and temporary marine pollution prevention certificate delivered by the Minister of Oceans and Fisheries pursuant to Article 25 of the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed a marine pollution prevention certificate and temporary marine pollution prevention certificate delivered pursuant to Articles 49 (2) and 52 (2) of this Act.
Article 17 (Transitional Measures concerning Installation of Facilities Containing Ozone Depleting Substances)
(1) Notwithstanding Article 42 (2), facilities containing an ozone depleting substance in which hydrochlorofluorocarbons (HCFCs) are contained may be installed on a ship by January 1, 2020.
(2) Notwithstanding Article 42 (2), any ship equipped with a facility containing ozone depleting substances before June 29, 2006 may continue to use such facility.
Article 18 (Transitional Measures concerning Control of Emission of Nitrous Oxides)
Notwithstanding Article 43 (1), the following diesel engines may be operated in excess of the permissible emission limits under the main clause of paragraph (1), with the exception of its subparagraphs, of the same Article (hereafter in this Article referred to as "permissible emission limit"):
1. The diesel engine referred to in Article 43 (1) 1, which is installed on a ship constructed before June 29, 2006 (excluding diesel engines manufactured after June 29, 2006, diesel engines converted to operate in excess of permissible emission limits, and diesel engines converted to increase the maximum continuous output power by at least 10/100);
2. The diesel engine referred to in Article 43 (1) 2, which is installed on a ship constructed before January 1, 2000 (excluding diesel engines manufactured after January 1, 2000, diesel engines converted to operate in excess of permissible emission limits, and diesel engines converted to increase the maximum continuous output power by at least 10/100).
Article 19 (Transitional Measures concerning Installation of Vapour Emissions Control System)
Notwithstanding Article 47 (2) and (3), the owner of a marine facility who has begun to install a facility to load oil and noxious liquid substances on a ship or has completed such installation before June 29, 2006 need not install a vapour emission control system in the relevant marine facility by May 19, 2009.
Article 20 (Transitional Measures concerning Contributions)
(1) Contributions paid pursuant to Article 52-4 (1) of the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed the pollution response contributions paid under Article 69 (1) of this Act.
(2) Where the placement of pollution response ships, etc. is deemed entrusted, or a pollution response agent is deemed designated under Article 52-4 (3) of the previous Prevention of Marine Pollution Act as at the time this Act enters into force, the previous provisions shall govern until the period of the relevant entrustment or period of designation terminates.
Article 21 (Transitional Measures concerning Registration of Business of Discharging Garbage into Sea)
(1) Any person who filed for registration of business of discharging garbage into the sea pursuant to Article 18 of the former Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed to have filed for registration of discharging garbage into the sea pursuant to Article 70 (1) 1 of this Act.
(2) Any person who filed for registration of pollution response business pursuant to Article 37 (1) 1 of the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed to have filed for registration of marine pollution response business pursuant to Article 70 (1) 2 of this Act.
(3) Any person who filed for registration of oil hold cleaning business pursuant to Article 37 (1) 2 of the previous Prevention of Marine Pollution Act as at the time this Act enters into force shall be deemed to have filed for registration of oil hold cleaning business pursuant to Article 70 (1) 3 of this Act.
Article 22 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions and administrative fines to violations committed before this Act enters into force shall be governed by the former Prevention of Marine Pollution Act.
Article 23 Omitted.
Article 24 (Relationship to Other Statutes or Regulations)
A citation of the previous Prevention of Marine Pollution Act and any provisions thereof in other statutes or regulations as at the time when this Act enters into force shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the previous provisions if such corresponding provisions exist herein.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8377, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amended provisions of Article 15 (24) of the Addenda shall enter into force on January 20, 2008.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8379, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amended provisions of Article 10 (11) of the Addenda shall enter into force on January 20, 2008.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8380, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 (4) of the Addenda shall enter into force on January 20, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8788, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date the International Convention for the Control and Management of Ships' Ballast Water and Sediments takes effect in the Republic of Korea.
Articles 2 through 5 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 by Article 6 of the Addenda, the amendment to an Act, which was promulgated before this Act enters into force but whose enforcement date has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9454, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9626, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9773, 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 10 Omitted.
ADDENDUM <Act No. 9872, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 119-2 shall enter into force six months after the date of the promulgation of this Act.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
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. 10803, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 32-2 (1) and (4) (limited to the parts pertaining to paragraph (1)) shall enter into force on the date the relevant ship undergoes the first intermediate survey or the first regular survey conducted after this Act enters into force; Article 32-2 (2), (3), and (4) (excluding the parts pertaining to paragraph (1)) shall enter into force on April 1, 2012; and the amended provisions of Articles 110-2, 112, and 122, of subparagraph 17-2 of Article 128, and of Article 129 (2) 9-2 and 13 shall enter into force six months after the date of promulgation of this Act.
Article 2 (Applicability to Sea Area Utilization Impact Assessment)
The amended provisions of Article 85 (1) shall begin to apply to requests filed with a license-granting agency for the occupation or permission for use of the public waters to dredge them.
Article 3 (Transitional Measures concerning Comprehensive Plans for Marine Environmental Management)
The former comprehensive plans for marine environmental management as at the time this Act enters into force shall be deemed comprehensive plans for marine environmental management referred to in the amended provisions of Article 14, and the former master plans for environmental management shall be deemed management plans by sea area referred to in the amended provisions of Article 16.
Article 4 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions shall apply to the application of penalty provisions and the imposition of administrative fines for acts committed before this Act enters into force.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10893, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10911, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11479, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Marine Environment Measuring Apparatus Exempt from Type Approval)
The amended provisions of Article 110 shall begin to apply to marine environment measuring apparatus, equipment subject to type approval or materials or chemicals used for the response against or prevention of pollutions, which are manufactured, produced or imported after this Act enters into force.
Article 3 (Transitional Measures concerning Maintenance of Shipboard Marine Pollution Emergency Plans)
Notwithstanding the amended provisions of Article 31 (1), the owner of a towed ship in existence under the previous provisions as at the time this Act enters into force shall prepare a shipboard marine pollution emergency plan by ship and keep it in the towed ship after obtaining an approval seal from the Commissioner of the Korea Coast Guard, within one year from the date on which this Act enters into force.
ADDENDA <Act No. 11597, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2013: Provided, That the amended provisions of Articles 70 (1) 3, 115 (3), and 123 (3) shall enter into force on the date of its promulgation, and the amended provisions of Article 83-2 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Calculation of Ship Energy Efficiency Design Indices)
The amended provisions of Articles 41-2 and 41-3 shall begin to apply to ships, the building contracts of which are concluded after January 1, 2013 (where no building contracts exist, referring to ships, the keels of which are installed, or ships which commenced building stage equivalent thereto after July 1, 2013), ships to be delivered to the ship owner after July 1, 2015, or ships intended to be converted after January 1, 2013.
Article 3 (Applicability to Keeping Ship Energy Efficiency Management Plan)
The owner of a ship referred to in the amended provisions of Article 41-3 (1), excluding ships to be built or converted under the amended provisions of Article 41-2 (1), shall keep a ship energy efficiency management plan in his or her ship until he or she undergoes the first regular survey or intermediate survey of air pollution prevention equipment after this Act enters into force.
Article 4 (Transitional Measures concerning Energy Efficiency Survey)
(1) The owner of a ship referred to in the amended provisions of Article 41-2 (1) shall undergo an energy efficiency survey under the amended provisions of Article 54-2 before he or she uses the ship built or converted, for navigation.
(2) The owner of a ship referred to in the amended provisions of Article 41-3 (1), excluding the ships referred to in paragraph (1), shall undergo an energy efficiency survey under the amended provisions of Article 54-2 at the time he or she undergoes the first regular survey or intermediate survey of air pollution prevention equipment 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. 12300, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 12549, Mar. 24, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12662, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons)
An incompetent under adult guardianship or a quasi-incompetent under limited guardianship referred to in the amended provisions of subparagraph 1 of Article 71 (including cases applicable mutatis mutandis under Article 74 (4)), subparagraph 1 of Article 81, subparagraph 1 of Article 87, and Article 101 (1) 2 shall be deemed to include a person against whom declaration of incompetency or quasi-competency remains effective under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429).
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 by Article 6 of the Addenda, the amendment to an Act, which was promulgated before this Act enters into force but whose enforcement date has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13084, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14516, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 8 and 9 of Article 21, Article 31 (1), Article 33, Article 35 (1), Article 75 (1) 8, Article 89 (1) 2-2, Article 105, subparagraph 1 of Article 126, subparagraphs 1 and 2 of Article 127, subparagraph 1 of Article 128, Article 132 (4) 1, 1-2, and 4 shall enter into force six months after the date of the promulgation of this Act.
Article 2 (Effective Period for Exception for State or Public Property)
(1) The amended provisions of Article 105 shall be effective for 10 years from the date the same provisions enter into force.
(2) Where State or public property is lent gratuitously to or used for profit by the Corporation pursuant to the amended provisions of Article 105, such lending or use for profit shall remain effective for the period of lending or use for profit, even if the effective period expires under paragraph (1).
Article 3 (Applicability to Revocation of Registration of Assessment Agents)
The amended provisions of Article 89 (1) 2-2 shall begin to apply to cases where the assessment agent is required to file for registration of changes under the latter part of Article 86 (1), after said amended provisions enter into force.
Article 4 (Transitional Measures concerning Approval for Rate of Discharge of Garbage)
Any rate of discharge, approved before this Act enters into force, by the Minister of Oceans and Fisheries pursuant to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, shall be construed as approved in accordance with the amended provisions of Article 22-2.
Article 5 (Transitional Measures concerning Administrative Dispositions on Marine Environmental Management Business Entities)
If any marine environmental management business entity falls under the previous Article 75 (1) 8 before the amended provisions of Article 75 (1) 8 enter into force, any administrative disposition to be imposed on him or her shall be governed by the previous provisions.
Article 6 (Transitional Measures concerning Gratuitous Lending of State or Public Property)
If any State or public property is lent gratuitously to or being used for profit by the Corporation before the amended provisions of Article 105 enter into force, the period for such lending or use shall be governed by the previous provisions, notwithstanding said amended provisions.
Article 7 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to the application of penalty provisions for acts done before this Act enters into force.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That among the Acts amended by Article 6 of the Addenda, the amendment to an Act, which was promulgated before this Act enters into force but whose enforcement date has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14605, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 14747, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended by Article 5 of the Addenda, the amendment to an Act, which was promulgated before this Act enters into force but whose enforcement date has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15011, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15012, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Modification of Shipboard Marine Pollution Emergency Plans)
The amended provisions of Articles 31 (2) and 35 (2) shall begin to apply to cases where any modification is made to a shipboard marine pollution emergency plan or a marine facility pollution emergency plan after this Act enters into force.
Article 3 (Applicability to Keeping Results of Safety Inspections of Marine Facilities)
The amended provisions of Article 36-2 shall begin to apply to the results of safety inspections of marine facilities conducted pursuant to Article 36-2 (1) after this Act enters into force.
Article 4 (Applicability to Compulsory Collection of Pollution Response Contributions)
The amended provisions of Article 69-2 shall begin to apply to the pollution response contributions imposed after this Act enters into force.
Article 5 (Applicability to Reporting on Succession of Status of Person Granted Type Approval)
The amended provisions of Article 110-3 (2) shall begin to apply to the successions of the status of a person who has obtained type approval, etc. after this Act enters into force.
Article 6 (Transitional Measures concerning Surcharges)
Notwithstanding the amended provisions of Article 20 (1), the surcharges imposed pursuant to the latter part of the previous Article 20 (1) before this Act enters into force shall be governed by the previous provisions.
Article 7 (Transitional Measures Following Change of Name of Corporation)
(1) The Korea Marine Environment Management Corporation established under the previous provisions as at the time this Act enters into force shall be deemed the Korea Marine Environment Corporation under this Act.
(2) Any act conducted by or against the Korea Marine Environment Management Corporation under the previous provisions as at the time this Act enters into force shall be deemed an act conducted by or against the Korea Marine Environment Corporation.
(3) The Korea Marine Environment Corporation shall modify its articles of incorporation in accordance with the amended provisions of this Act and obtain authorization therefor from the Minister of Oceans and Fisheries within six months after this Act enters into force.
Article 8 Omitted.
ADDENDA <Act No. 16160, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 16215, Jan. 8, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16520, Aug. 20, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 16699, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Preliminary Measures to Transfer Affairs)
(1) The head of a relevant central administrative agency shall formulate necessary measures to provide required personnel and financial resources necessary for a full-scale transfer of the central administrative authority and affairs under this Act and shall report said measures to a standing committee of the National Assembly not later than three months before this Act enters into force.
(2) The Committee on Autonomous Decentralization under Article 44 of the Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems may specialize in investigating and evaluating required personnel and financial resources under paragraph (1).
Article 3 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any disposition or other acts taken or conducted by an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed a disposition or acts taken or conducted by an administrative agency under the provisions of this Act; and any application, report, or other acts filed with or conducted toward an administrative agency under the previous provisions shall be deemed an application, report, or acts filed with or conducted toward an administrative agency under this Act.
Article 4 Omitted.
ADDENDA <Act No. 17110, Mar. 24, 2020>
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 44-2, 48, 129 (1) 6-2 shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes or Regulations)
Any citation of provisions of the previous Marine Environment Management Act by other statutes or regulations as at the time this Act enters into force shall be deemed a citation of any corresponding provision hereof in lieu of the previous provisions, if such corresponding provision exists herein.