CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning the constitution and operation of a direct payment program to promote the public functions of fisheries and fishing villages so as to promote the public functions of fisheries and fishing villages and stabilize the income of fishers, etc.
The definitions of terms used in this Act are as follows:
| 5. | The term “public functions of fisheries and fishing villages” means the supply of safe marine products, the conservation of fishery resources and marine environment, the protection of maritime territory, and the maintenance of fishing village community. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State shall formulate a comprehensive policy concerning a direct payment program to promote the public functions of fisheries and fishing villages (hereinafter referred to as “public direct payment program”) so as to promote the public functions of fisheries and fishing villages and stabilize the income of fishers, etc. |
| (2) | The State and local governments shall grasp global trends and strive for international cooperation in the implementation of the direct payment program so as to promote the public functions of fisheries and fishing villages and stabilize the income of fishery business fishers, etc. |
| (3) | The State and local governments shall every year raise financial resources necessary to implement the public direct payment program. |
CHAPTER II CONSTITUTION OF AND ELIGIBILITY FOR DIRECT PAYMENT PROGRAMS TO PROMOTE PUBLIC FUNCTIONS OF FISHERIES AND FISHING VILLAGES
| Article 4 (Constitution of Public Direct Payment Program) |
The public direct payment program shall consist of the following direct payment programs:
| 1. | Direct payment program for residents residing in areas with unfavorable conditions under Article 40 of the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages (hereinafter referred to as “direct payment program for areas with unfavorable conditions”); |
| 2. | Direct payment program for business transfer to stabilize the livelihood of elderly fishers retiring after transferring fishery business under Article 19 (1) of the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages (hereinafter referred to as “direct payment program for business transfer”); |
| Article 5 (Eligibility for Public Direct Payment Program) |
CHAPTER III OPERATION OF DIRECT PAYMENT PROGRAMS TO PROMOTE PUBLIC FUNCTIONS OF FISHERIES AND FISHING VILLAGES
| Article 6 (Operation of Direct Payment Program for Areas with Unfavorable Conditions) |
The Minister of Oceans and Fisheries may grant direct payments for areas with unfavorable conditions to fishers who engage in fishery in any of the following areas in which fishery productivity and settlement conditions are unfavorable, so as to stabilize their income:
| 2. | Area adjacent to the Northern Limit Line on the sea. |
| Article 7 (Selection of Areas with Unfavorable Conditions) |
| (1) | The Minister of Oceans and Fisheries shall select and publicly notify areas with unfavorable conditions in consideration of the level of fishing restrictions necessary for fishery productivity, settlement conditions, military training, or national defense, and notify the Special Self-Governing Province Governor and the head of a Si/Gun/autonomous Gu (hereinafter referred to as the “Special Self-Governing Province Governor, etc.”) thereof. |
| (2) | The Special Self-Governing Province Governor, etc. shall notify the head of an Eup/Myeon/Dong of an area with unfavorable conditions, and the head of the Eup/Myeon/Dong shall publicly announce it on the bulletin board of the relevant Eup/Myeon/Dong for at least ten days. |
| (3) | Matters necessary for the details, procedures, etc. of the public announcement under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 8 (Applying for Direct Payments for Areas with Unfavorable Conditions) |
| (1) | A fisher residing in an area with unfavorable conditions under Article 7, falling under any of the following subparagraphs, may apply for a direct payment for areas with unfavorable conditions: Provided, That a fishing household or fisher that has the income and property prescribed by Presidential Decree among those who do not engage in fishery as their main business or who fall within the median or higher of the tax base under the Income Tax Act or the Comprehensive Real Estate Holding Tax Act shall be excluded herefrom: |
| 1. | A person whose annual sales of marine products by running fishery are not less than 1.2 million won; |
| 2. | A person who engages in fishery for at least 60 days in a year. |
| (2) | A person applying for a direct payment for areas with unfavorable conditions shall make an application therefor with a fishing household as a unit, and fishers belonging to the same fishing household may not make duplicate applications. |
| Article 9 (Procedures for Selecting Fishing Villages Eligible for Direct Payments for Areas with Unfavorable Conditions) |
| (1) | Fishers who intend to receive direct payments for areas with unfavorable conditions shall organize a steering committee for direct payments for areas with unfavorable conditions (hereinafter referred to as “steering committee”) with, as a unit, a fishing village fraternity established pursuant to Article 15 of the Fisheries Cooperatives Act: Provided, That, in an area without a fishing village fraternity, a steering committee may be organized with a village as a unit, as prescribed by Presidential Decree. |
| (2) | A steering committee shall prepare an application for a direct payment project for areas with unfavorable conditions (hereinafter referred to as “project application”) and a plan for developing fishing villages, and submit them to the Special Self-Governing Province Governor, etc. via the head of the relevant Eup/Myeon/Dong. |
| (3) | The Special Self-Governing Province Governor, etc. shall select fishing villages eligible for direct payments for areas with unfavorable conditions after examining a project application and a plan for developing fishing villages, and inform the head of the relevant Eup/Myeon/Dong and the steering committee of such selection. |
| (4) | Matters necessary for the organization and operation of steering committees, the preparation of project applications and plans for developing fishing villages, the selection of fishing villages eligible for direct payments for areas with unfavorable conditions, and other matters related thereto, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 10 (Filing of Applications for Agreement on Making of Direct Payments for Areas with Unfavorable Conditions) |
| (1) | A fisher of a fishing village selected as one eligible for a direct payment for areas with unfavorable conditions pursuant to Article 9 (3) shall file an application for an agreement on making the direct payment for areas with unfavorable conditions (hereinafter referred to as “application for agreement”) with the head of the relevant Eup/Myeon/Dong via the steering committee, in order to apply for the direct payment for areas with unfavorable conditions. |
| (2) | The head of the Eup/Myeon/Dong shall verify whether a fisher applying for a direct payment for areas with unfavorable conditions is eligible and qualified therefor and file the result of such verification and the application for agreement with the Special Self-Governing Province Governor, etc. |
| (3) | Detailed matters necessary for the preparation of applications for agreement and the verification of eligibility and qualification of fishers, as referred to in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 11 (Selection of Persons Eligible for Direct Payments for Areas with Unfavorable Conditions) |
| (1) | Where a fisher applying for a direct payment for areas with unfavorable conditions pursuant to Article 10 (1) is deemed eligible for the direct payment for areas with unfavorable conditions, the Special Self-Governing Province Governor, etc. shall select him or her as a person eligible for the direct payment for areas with unfavorable conditions and inform the head of the relevant Eup/Myeon/Dong and the steering committee of the result of such selection. |
| (2) | The steering committee shall inform fishers applying for direct payments for areas with unfavorable conditions of the result of selection of those eligible for the direct payments for areas with unfavorable conditions under paragraph (1). |
| Article 12 (Conclusion of Management Agreements) |
| (1) | The Special Self-Governing Province Governor, etc. shall conclude an agreement on the management of areas with unfavorable conditions (hereinafter referred to as “management agreement”) with the steering committee which has been informed of the result of the selection of those eligible for direct payments for areas with unfavorable conditions pursuant to Article 11 (1). |
| (2) | A management agreement shall include the following: |
| 1. | Persons eligible for direct payments for areas with unfavorable conditions, and the current status of fisheries; |
| 2. | Tasks of the steering committee; |
| 3. | Responsibilities and duties of persons eligible for direct payments for areas with unfavorable conditions; |
| 4. | Methods and time of granting direct payments for areas with unfavorable conditions; |
| 5. | Creation rate of a joint fund for fishing villages and usage thereof; |
| 6. | Other matters prescribed by the Minister of Oceans and Fisheries. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the conclusion etc. of management agreements shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 13 (Granting of Direct Payments for Areas with Unfavorable Conditions) |
| (1) | The Special Self-Governing Province Governor, etc. shall verify the fulfillment of requirements for granting direct payments for areas with unfavorable conditions, such as compliance with the management agreement, and grant direct payments for areas with unfavorable conditions to fishers who fulfill such requirements. |
| (2) | The amount of direct payments for areas with unfavorable conditions under paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries after consultation with the Minister of Economy and Finance, in consideration of the discrepancy of fishery income between general regions and regions with unfavorable conditions, the inflation rate, etc. |
| (3) | The Special Self-Governing Province Governor, etc. may pay a certain amount determined by Presidential Decree out of the direct payments for areas with unfavorable conditions, as a joint fund for fishing villages to be used for invigorating fishing villages. |
| (4) | Where a fisher fails to satisfy any of the requirements for granting direct payments for areas with unfavorable conditions under paragraph (1), the Special Self-Governing Province Governor, etc. may decide not to pay all or some of the direct payment for areas with unfavorable conditions. |
| (5) | Matters necessary for requirements and methods for granting direct payments for areas with unfavorable conditions and the verification of fulfillment of such requirements under paragraph (1), the payment of joint funds for fishing villages under paragraph (3), and detailed standards for restriction on granting direct payments for areas with unfavorable conditions under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 14 (Operation of Direct Payment Program for Business Transfer) |
In order to maintain and revitalize the fishing village community, the Minister of Oceans and Fisheries may grant a direct payment for business transfer to a fisher transferring his or her fishing village fraternity membership under Article 15 of the Fisheries Cooperatives Act (including inland fisheries association membership under Article 15 of the Inland Water Fisheries Act; hereinafter the same shall apply), meeting all of the following requirements: | 1. | Having maintained his or her fishing village fraternity membership continuously for at least ten years including the date of application for selection of persons eligible for direct payments for business transfer (hereinafter referred to as “date of application for selection”); |
| 2. | Being between the ages of not less than 65 but less than 75 as of the date of application for selection; |
| 3. | Having completed the transfer of his or her fishing village fraternity membership, as prescribed by Presidential Decree, by the day before the agreement on the granting of a direct payment for business transfer under Article 16 is made; |
| 4. | Satisfying the requirements prescribed by Presidential Decree to ensure the efficient implementation of the direct payment program for business transfer. |
| Article 15 (Applying for Direct Payments for Business Transfer) |
| (1) | A fisher who intends to receive a direct payment for business transfer under Article 14 shall submit an application for selection of those eligible for direct payments for business transfer (hereafter referred to as “application” in this Article) to the head of the competent Eup/Myeon/Dong, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | The head of an Eup/Myeon/Dong shall verify whether the fisher who filed an application is eligible for payment and submit the result of such verification to the Special Self-Governing Province Governor, etc. |
| (3) | If the fisher who filed an application under paragraph (1) is deemed to be eligible for payment, the Special Self-Governing Province Governor, etc. shall select him or her as a recipient of a direct payment for business transfer and notify the head of the relevant Eup/Myeon/Dong of the result of selection. |
| (4) | The head of an Eup/Myeon/Dong shall inform the fishers who filed applications of the result of selection of those eligible for direct payments for business transfer under paragraph (3). |
| (5) | Detailed matters necessary for verification of eligibility under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 16 (Granting of Direct Payments for Business Transfer) |
| (1) | The Special Self-Governing Province Governor, etc. shall make an agreement on the granting of a direct payment for business transfer with a person selected as a recipient of the direct payment for business transfer under Article 15, to grant the direct payment for business transfer. |
| (2) | No direct payment for business transfer shall be granted in a way that overlaps with a direct payment for areas with unfavorable conditions. |
| (3) | The amount of a direct payment for business transfer shall be determined and publicly notified by the Minister of Oceans and Fisheries after consultation with the Minister of Economy and Finance, in consideration of fishers’ income level, annual sales of marine products, etc. |
| (4) | Except as provided for in paragraphs (1) through (3), detailed matters necessary for methods for granting direct payments for business transfer, conclusion of agreements on granting direct payments for business transfer, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 17 (Operation of Direct Payment Program for Protecting Fishery Resources) |
| (2) | In order to ensure the effective operation of the direct payment program for protecting fishery resources, the Minister of Oceans and Fisheries may impose compliance obligations, such as the allocation of the total allowable catch, official reduction in the number of vessels, and temporary and self-regulating suspension of fishing specified in the fisheries-related statutes and regulations. |
| (3) | The amount of a direct payment for protecting fishery resources shall be determined by the Minister of Oceans and Fisheries after consultation with the Minister of Economy and Finance, in consideration of profit reduction, etc. incurred due to compliance with the obligations under paragraph (2). |
| (4) | Except as provided for in paragraphs (1) through (3), detailed matters necessary for requirements and criteria for granting direct payments for protecting fishery resources, methods and procedures for payment application, obligations of recipients, payment methods and procedures, etc. shall be prescribed by Presidential Decree. |
| Article 18 (Operation of Direct Payment Program for Supporting Production of Environment-Friendly Marine Products) |
| (1) | The Minister of Oceans and Fisheries may grant direct payments for supporting the production of environment-friendly marine products to fishers, etc. who perform environment-friendly fisheries and to companies under the Commercial Act that are granted a license or permit pursuant to Articles 10 and 43 of the Aquaculture Industry Development Act, so as to promote the early establishment of environment-friendly fisheries and to enhance the public functions of fisheries, such as environmental conservation. |
| (2) | In order to ensure the effective operation of the direct payment program for supporting the production of environment-friendly marine products, the Minister of Oceans and Fisheries may impose compliance obligations, such as the prohibition of use of specific drugs and the certification of organic foods specified in the statutes and regulations governing fisheries. |
| (3) | Marine products eligible for direct payments for supporting the production of environment-friendly marine products shall be determined and publicly notified by the Minister of Oceans and Fisheries in consideration of effects, etc. of environmental conservation. |
| (4) | The amount of a direct payment for supporting the production of environment-friendly marine products shall be determined by the Minister of Oceans and Fisheries after consultation with the Minister of Economy and Finance, in consideration of increased costs incurred when producing such products in compliance with the certification criteria under Article 19 (2) or 34 (2) of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods. |
| (5) | Except as provided for in paragraphs (1) through (4), detailed matters necessary for requirements and criteria for granting direct payments for supporting the production of environment-friendly marine products, methods and procedures for payment application, obligations of recipients, payment methods and procedures, etc. shall be prescribed by Presidential Decree. |
CHAPTER IV FOLLOW-UP MANAGEMENT OF DIRECT PAYMENT PROGRAMS TO PROMOTE PUBLIC FUNCTIONS OF FISHERIES AND FISHING VILLAGES
| Article 19 (Obligations to Be Fulfilled to Receive Public Direct Payments) |
A person who intends to receive a payment under the public direct payment program (hereinafter referred to as “public direct payment”) shall fulfill the following obligations: Provided, That the same shall not apply to a person who intends to receive a direct payment for business transfer:
| 1. | Completing education to promote the public functions of fisheries and fishing villages, as prescribed by Presidential Decree; |
| 2. | Complying with the fisheries-related statutes and regulations prescribed by Presidential Decree, such as the Fisheries Act; |
| 3. | Implementing the matters prescribed by Presidential Decree to promote the public functions of fisheries and fishing villages. |
| Article 20 (Investigation into Whether Obligations to Be Fulfilled to Receive Public Direct Payments Are Fulfilled) |
| (1) | The Minister of Oceans and Fisheries may require a relevant public official, etc. to conduct an investigation, as prescribed by Presidential Decree, to verify whether the obligations under Article 19 are fulfilled. |
| (2) | If necessary to conduct an investigation under paragraph (1), the relevant public official, etc. may enter the residence of a person subject to the public direct payment, the place of fishery management, etc. to conduct the investigation, etc. and inspect related books or documents. |
| (3) | A relevant public official, etc. who conducts an investigation or an inspection of books or documents (hereinafter referred to as “investigation, etc.”) pursuant to paragraphs (1) and (2) shall carry a certificate indicating his or her authority and produce it to the person subject to the public direct payment (including the representative, agent, employee, assistant, family member, or other interested person; hereinafter the same shall apply) if he or she is present for the investigation, etc. |
| (4) | A person subject to the public direct payment shall sincerely cooperate with an investigation, etc. by a relevant public official, etc. and shall not refuse, obstruct, or evade such investigation, etc., without good cause. |
| (5) | To conduct an investigation, etc. under paragraph (3), the Minister of Oceans and Fisheries shall give notification of the date and time, purpose, details, etc. of such investigation, etc. to the person subject to the public direct payment by no later than seven days before such investigation, etc. begins: Provided, That the same shall not apply where deemed that a prior notification might make it impossible to achieve the purpose of the investigation, etc. due to destruction of evidence, etc. |
| (6) | Every person subject to public direct payment shall keep and provide documents relating to the granting of the public direct payment and his or her obligations, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The types of documents subject to keeping and provision, the period and method of keeping and provision, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 21 (Restrictions on Granting of Public Direct Payments) |
| (1) | The Minister of Oceans and Fisheries may decide not to grant all or part of a public direct payment if a person subject to the public direct payment or the recipient thereof falls under any of the following subparagraphs: |
| 1. | Where he or she has applied for or received the public direct payment by fraud or other improper means; |
| 2. | Where he or she has registered himself or herself with a fishery enterprise by fraud or other improper means with the intention of receiving the public direct payment; |
| 3. | Where he or she fails to meet the requirements under Article 8 or 14; |
| 4. | Where he or she fails to fulfill any of the compliance obligations under Article 17 (2) or 18 (2); |
| 5. | Where he or she fails to fulfill any of the obligations under the subparagraphs of Article 19; |
| 6. | Where he or she fails to fulfill the obligation under Article 20 (4); |
| 7. | Where he or she has made a false entry in the application, or has been wrongly paid, by mistake or slight negligence. |
| (2) | If the Minister of Oceans and Fisheries decides not to pay all of the public direct payment on grounds of paragraph (1) 1 through 4, he or she may restrict the relevant person from receiving a public direct payment for up to three years. |
| (3) | The detailed criteria for payment restriction and the restricted period of payment by item under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of the type, degree, etc. of violation. |
| Article 22 (Unjust Gains and Additional Dues) |
| (1) | Where all or part of the public direct payment has been already paid to a person falling under any of the subparagraphs of Article 21 (1), the Minister of Oceans and Fisheries shall promptly restitute the amount of payment already paid to such person (hereafter referred to as “unjust gains” in this Article). |
| (2) | Notwithstanding paragraph (1), where Article 21 (1) 1 or 2 applies, the Minister of Oceans and Fisheries may collect an amount not exceeding five times the amount already paid (hereafter referred to as “additional monetary sanctions” in this Article), in addition to the unjust gains under paragraph (1). In such cases, matters necessary for the criteria for calculating additional monetary sanctions and the imposition, payment, etc. of additional monetary sanctions shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | If a payment obligor under paragraphs (1) and (2) fails to pay unfair gains or additional monetary sanctions in full by the deadline for payment, the Minister of Oceans and Fisheries shall collect as additional dues an amount calculated by multiplying an amount in arrears for the period from the date after the deadline to the date before the payment of all of the unfair gains or additional monetary sanctions by the interest rate prescribed by Presidential Decree. In such cases, the period for which the additional dues are imposed shall not exceed 60 months. |
| (4) | If a payment obligor fails to pay unfair gains under paragraph (1), additional monetary sanctions under paragraph (2), or additional dues under paragraph (3) by the deadline for payment, the Minister of Oceans and Fisheries may demand the payment thereof of the obligor, fixing a certain period therefor, and if the obligor fails to pay them within the fixed period, he or she may collect them in the same manner as national taxes in arrears are collected. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 23 (Informatization and Request for Provision of Materials) |
| (1) | The Minister of Oceans and Fisheries shall formulate and implement policies necessary for informatization in order to efficiently manage information for implementing the public direct payment program. |
| (2) | If necessary to verify and investigate the fulfillment of obligations required for the receipt of public direct payments, the adequacy of payment, etc., the Minister of Oceans and Fisheries may request the head of the relevant central administrative agency, the head of a local government, the head of a public institution under Article 4 of the Act on the Management of Public Institutions, a producer organization under subparagraph 5 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development, or a person who has administrative authority or to whom administrative authority has been delegated or entrusted under statutes, regulations or municipal ordinances (hereinafter referred to as “head of the relevant central administrative agency, etc.”), to provide data containing personal information, such as resident registration numbers or alien registration numbers. |
| (3) | Upon the receipt of a request from the Minister of Oceans and Fisheries for provision of data under paragraph (2), the head of the relevant central administrative agency, etc. shall comply with such request, in the absence of good cause. |
| (4) | The Minister of Oceans and Fisheries may use and process the data collected pursuant to paragraphs (2) and (3) or provide such data to the head of the relevant central administrative agency, etc. |
| (5) | Matters necessary for the use, processing and provision of data containing personal information under paragraphs (2) through (4) shall be prescribed by Presidential Decree. |
| Article 24 (Disclosure and Protection of Information on Public Direct Payment Program) |
| (1) | In order to enhance transparency in granting public direct payments, the Minister of Oceans and Fisheries shall classify and disclose information on the recipients of public direct payments annually in a manner prescribed by Ordinance of the Ministry of Oceans and Fisheries, as follows: |
| 1. | Fishers: Names, whether to hold a fishery license or permit, and types and amounts of public direct payments; |
| 2. | Fisheries corporations and companies under the Commercial Act: Corporate names, whether to hold a fishery license or permit, and types and amounts of public direct payments; |
| 3. | Other matters prescribed by the Minister of Oceans and Fisheries. |
| (2) | No person who is or was engaged in the management of persons eligible for public direct payments or other related affairs shall provide a third person with, divulge, or use for any other purpose, confidential information he or she learned while performing his or her duties, other than the information disclosed pursuant to paragraph (1) and the information used, processed or provided pursuant to Article 23 (2) through (4). |
| (3) | Upon the receipt of an objection raised against the information disclosed under paragraph (1), the Minister of Oceans and Fisheries shall investigate the truth of such information and notify the person who filed the objection of the result. The details and methods of objection, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 25 (Obligation to Provide Guidance) |
| (1) | The Minister of Oceans and Fisheries shall guide, supervise and manage the entire process of implementing the public direct payment program, including application, payment and follow-up management, to operate the public direct payment program and ensure transparency in the execution of public direct payments, as prescribed by Presidential Decree. |
| (2) | The Minister of Oceans and Fisheries may designate and operate a management institution, as prescribed by Presidential Decree, in order to perform the duties under paragraph (1). |
| (3) | The State, local governments, and other entities or institutions which have administrative authority or to which administrative authority is delegated or entrusted under statutes, regulations or municipal ordinances shall cooperate with one another to achieve the objectives of the public direct payment program. |
| Article 26 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Oceans and Fisheries may delegate part of his or her authority under this Act to the head of an agency affiliated with the Ministry of Oceans and Fisheries, the head of a relevant administrative agency, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, Do Governor, or the head of a Si/Gun/autonomous Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of Oceans and Fisheries may entrust part of his or her authority to an institution or organization, as prescribed by Presidential Decree. |
| Article 27 (Honorary Surveillants for Public Direct Payment Program) |
| (1) | The Minister of Oceans and Fisheries or the head of a local government may commission the head of an administrative Ri under Article 4-2 (4) of the Local Autonomy Act or the head of a Tong that is established as a subordinate organization of an administrative Dong under paragraph (5) of that Article, or a member, employee, etc. of a consumer organization or producer organization as an honorary surveillant for the public direct payment program to perform surveillance, guidance, publicity, and reporting of violations regarding requirements for granting the public direct payments, fulfillment of obligations, etc. |
| (2) | The Minister of Oceans and Fisheries and the heads of local governments may, within the budgetary limits, reimburse honorary surveillants for the public direct payment program for expenses incurred for their surveillance activities. |
| (3) | Matters necessary for qualifications for, and methods of commission and duties of, honorary surveillants for the public direct payment program under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 28 (Payment of Monetary Rewards) |
| (1) | The Minister of Oceans and Fisheries may, within the budgetary limits, pay a monetary reward to whoever reports, to the competent authorities or relevant administrative agency, a person who applied for or received a public direct payment without satisfying the requirements for granting public direct payments. |
| (2) | The Minister of Oceans and Fisheries may discover exemplary central administrative agencies, local governments, individuals, companies or organizations that had best practices in achieving the objectives of the public direct payment program and enhancing transparency, and award prizes to them. |
| (3) | Further details necessary for those eligible for monetary rewards and the methods of payment thereof, the details of prizes, the methods of awarding prizes, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 29 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
CHAPTER VI PENALTY PROVISIONS
| Article 30 (Penalty Provisions) |
A person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
| 1. | A person who has applied for or received a public direct payment by fraud or other improper means; |
| 2. | A person who certifies a document submitted under Article 10 (1) or 15 (1) for applying for a public direct payment with knowledge that the content of such document is false; |
| 3. | A person who provides a third person with, divulges, or uses for any other purpose, confidential information he or she learned while performing his or her duties, in violation of Article 24 (2). |
| Article 31 (Joint Penalty Provisions) |
Where the representative of a legal entity, or an agent, employee or other servant of a legal entity or individual commits any offense under Article 30 in the course of performing the duties of the legal entity or individual, not only shall such offender be punished, but also the legal entity or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where the legal entity or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
| Article 32 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| 1. | A person who refuses, obstructs or evades an investigation, inspection, etc. in violation of Article 20 (4); |
| 2. | A person who fails to keep and provide a document relating to the granting of a public direct payment and his or her obligations in violation of Article 20 (6). |
| (2) | Administrative fines referred to in paragraph (1) shall be collected by the Minister of Oceans and Fisheries or the head of a local government, as prescribed by Presidential Decree. |
ADDENDA <Act No. 17331, May 26, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2021.
Article 2 (Preparations for Enforcement of This Act)
Where deemed necessary for the enforcement of this Act, the Minister of Oceans and Fisheries may receive an application or take necessary measures under the amended provisions of Articles 8, 15, 19, 20, and 23 before this Act enters into force. Article 3 (General Transitional Measures)
Dispositions or measures taken, or other acts done by or in relation to administrative agencies, under the former Act on the Implementation of the Direct Payment Program for Fisheries, as at the time this Act enters into force, shall be deemed dispositions or measures taken, or acts done by or in relation to administrative agencies, under this Act. Article 4 (Transitional Measures concerning Restitution)
Article 5 (Transitional Measures concerning Penalty Provisions)
Article 6 Omitted.
Article 7 (Relationship to Other Statutes and Regulations)
At the time this Act enters into force, references in other statutes and regulations to the provisions of the former Act on the Implementation of the Direct Payment Program for Fisheries, if this Act includes any provisions corresponding thereto, shall be deemed references to the corresponding provisions of this Act in lieu of the former provisions.