ACT ON ACTIVITIES IN THE ANTARCTIC AREA AND THE PROTECTION OF ANTARCTIC ENVIRONMENT
Act No. 7195, Mar. 22, 2004
Amended by Act No. 7428, Mar. 31, 2005
Act No. 8852, Feb. 29, 2008
Act No. 9256, Dec. 26, 2008
Act No. 11690, Mar. 23, 2013
Act No. 11713, Mar. 23, 2013
Act No. 12768, Oct. 15, 2014
Act No. 15344, Jan. 16, 2018
Act No. 15787, Oct. 16, 2018
Act No. 17159, Mar. 31, 2020
Act No. 17304, May 26, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the protection of the Antarctic environment and the development of science and technology pertaining to Antarctica by providing for matters necessary for activities in the Antarctic area to actively participate in the international cooperative system for Antarctica, including the implementation of the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty.
The terms used in this Act are defined as follows: <Amended on Mar. 31, 2020>
| 1. | The term "Antarctic area" means the land, ice shelves (large sheets of ice floating on the ocean surface that are connected to landmasses), waters, and skies in and over the area south of the 60 degree South Latitude; |
| 2. | The term "Antarctic environment" means the natural system and its dependent and associated ecosystems in the Antarctic area; |
| 3. | The term "activity in the Antarctic area" means any activity undertaken in the Antarctic area, including scientific research, installation of facilities, exploration, tourism, and other similar activities, but excluding the following activities: |
| (a) | Simple transit through the Antarctic area by aircraft, ship, or any other means; |
| (b) | Fishing for commercial purposes only; |
| 4. | The term "Antarctic Treaty Consultative Party" means the Contracting Party State to the Antarctic Treaty recognized as the Antarctic Treaty Consultative Party at the Antarctic Treaty Consultative Meetings under subparagraph 5 in return for the establishment of a scientific station in the Antarctic area, the dispatch of a scientific expedition to the area, or the engagement, otherwise, in substantial scientific research activities in the area; |
| 5. | The term "Antarctic Treaty Consultative Meeting" means any meeting held for the exchanges of information about the Antarctic area and the formulation of, and deliberation on, recommendations regarding the Antarctic area to provide such recommendations to Contracting Parties pursuant to the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty (hereinafter referred to as the "Protocol"); |
| 6. | The term "Committee for Environmental Protection" means the committee established pursuant to the Protocol to provide advice and recommendations in connection with the implementation of the Protocol; |
| 7. | The term "Antarctic mining resource" means any non-renewable, non-living resource deposits in the Antarctic area, including fossil fuel, and metal and nonmetal minerals; |
| 8. | The term "observer of activities in the Antarctic area" means any person designated by the Antarctic Treaty Consultative Meetings or the Antarctic Treaty Consultative Parties, including the Republic of Korea, to conduct inspections and monitoring as necessary in the Antarctic area pursuant to the Antarctic Treaty and the Protocol; |
| 9. | The term "native fauna and flora in Antarctica" means fauna and flora specified by Presidential Decree, such as mammals, birds, plants, and invertebrate animals native to the Antarctic area or that appear seasonally in the Antarctic area through natural migration. |
| Article 3 (Prohibited Acts) |
No person shall conduct any of the following acts in the Antarctic area: <Amended on Mar. 31, 2020>
| 1. | Establishment of military bases, testing of weapons, military maneuvers, or any other similar acts of a military nature; |
| 2. | Nuclear tests and disposal of radioactive wastes; |
| 3. | Exploration for, and picking, processing, transport, and storage of, mining resources in Antarctica and activities incidental thereto: Provided, That excluded herefrom are acts undertaken only for the purpose of scientific research with permission for the activities in the Antarctic area pursuant to Article 4; |
| 4. | Degradation, misappropriation, or concealment of, any historic site or monument, or any act of infringing upon effects thereof in Antarctica under Article 14 (1) 2. |
CHAPTER II PERMISSION FOR ACTIVITIES IN ANTARCTIC AREA
| Article 4 (Permission for Activities in Antarctic Area) |
| (1) | Any person who desires to undertake activities in the Antarctic area shall obtain permission from the Minister of Foreign Affairs. <Amended on Mar. 23, 2013> |
| (2) | Any person who desires to change his or her activities for which the permission under paragraph (1) has been granted shall report the intended change: Provided, That a change in any essential matter specified by Presidential Decree among the matters described in the permission shall be subject to permission of the Minister of Foreign Affairs. <Amended on Mar. 23, 2013; Mar. 31, 2020> |
| (3) | Necessary matters concerning the procedures for, and the methods of, permission and reporting under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2020> |
| Article 5 (Application for Permission for Activities in Antarctic Area) |
Any person who desires to obtain permission under Article 4 for activities in the Antarctic area shall file an application for permission with the Minister of Foreign Affairs, along with the following documents attached thereto, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Mar. 31, 2020> | 1. | A plan for activities in the Antarctic area; |
| 2. | An environmental impact assessment; |
| 3. | A waste management plan (applicable only to cases where a comprehensive environmental impact assessment is submitted pursuant to Article 7); |
| 4. | A contingency plan for response to incidents with potentially adverse effects on the Antarctic environment (applicable only to cases where a comprehensive environmental impact assessment is submitted pursuant to Article 7). |
| Article 6 (Grounds for Disqualification) |
No person falling under any of the following shall be granted permission for activities in the Antarctic area under Article 4: <Amended on Mar. 31, 2005; Oct. 15, 2014; Oct. 16, 2018; Mar. 31, 2020; May 26, 2020> | 1. | A person under adult guardianship; |
| 2. | A person who was declared bankrupt, but has not yet been reinstated; |
| 3. | A person in whose case two years have not passed since his or her imprisonment with labor declared by a court for violating this Act was completely executed (including where the execution of the sentence is deemed completely executed) or exempted; |
| 4. | A person who is under suspension of the execution of his or her imprisonment with labor for a violation of this Act declared by a court; |
| 5. | A person in whose case two years have not passed since permission for activities in the Antarctic area was canceled pursuant to Article 12 (1) (excluding cases where the permission was canceled as he or she fell under subparagraph 1 or 2 of this Article); |
| 6. | A corporation or organization, the representative of which falls under any of subparagraphs 1 through 5. |
| Article 7 (Preparation of Environmental Impact Assessment) |
| (1) | The environmental impact assessment under subparagraph 2 of Article 5 shall be prepared in accordance with the following classification: <Amended on Mar. 31, 2020> |
| 1. | Preliminary environmental impact assessment: Where it is determined that the activities in the Antarctic area, for which an application for permission is filed, are likely to have less than a minor or transitory impact on the Antarctic environment; |
| 2. | Initial environmental impact assessment: Where it is determined that the activities in the Antarctic area, for which an application for permission is filed, are likely to have a minor or transitory impact on the Antarctic environment; |
| 3. | Comprehensive environmental impact assessment: Where it is determined that the activities in the Antarctic area, for which an application for permission is filed, are likely to have a serious, more than a minor or transitory, impact on the Antarctic environment. |
| (2) | The Minister of Foreign Affairs may hear opinions from experts specializing in Antarctica when he or she examines an environmental impact assessment submitted in accordance with paragraph (1). <Amended on Mar. 23, 2013; Mar. 31, 2020> |
| (3) | Upon receipt of a comprehensive environmental impact assessment under paragraph (1) 3, the Minister of Foreign Affairs shall disclose it to the public for inspection for at least 90 days and shall forward each copy to the Antarctic Treaty Consultative Parties and the Committee for Environmental Protection at least 120 days before the opening of a session of the Antarctic Treaty Consultative Meetings. <Amended on Mar. 23, 2013> |
| (4) | Where any comment has been presented with regard to a comprehensive environmental impact assessment disclosed or forwarded pursuant to paragraph (3), the Minister of Foreign Affairs may, if deemed necessary, require the relevant applicant for permission to reflect such a comment in the comprehensive environmental impact assessment. <Amended on Mar. 23, 2013; Mar. 31, 2020> |
| (5) | Necessary matters concerning matters that are included in environmental impact assessment, the method of preparation of such assessment, the method of disclosure of comprehensive environmental impact assessment, and other relevant matters shall be prescribed by Presidential Decree. |
| Article 8 (Consultation on Permission) |
| (1) | When the Minister of Foreign Affairs intends to grant permission on activities in the Antarctic area pursuant to Article 4, he or she shall consult with the Minister of Environment and the Minister of Oceans and Fisheries: Provided, That the foregoing shall not apply to any minor case specified by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| (2) | If the Minister of Environment or the Minister of Oceans and Fisheries, who receives a request for consultation pursuant to paragraph (1), finds that an application for permission falls under any of the following, he or she shall accordingly notify the Minister of Foreign Affairs thereof: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| 1. | Where it is impracticable for him/her to evaluate the impact that the activities in the Antarctic area have on the Antarctic environment, because the documents submitted along with the relevant application for permission are not sufficient for assessment; |
| 2. | Where the environmental impact assessment submitted has not been prepared or submitted in a manner consistent with Article 7. |
| (3) | Upon receipt of a notice from the Minister of Environment or the Minister of Oceans and Fisheries pursuant to paragraph (2), the Minister of Foreign Affairs shall request the relevant permission applicant to make a correction or supplementation as necessary, unless there is any special reason. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| (4) | If the Minister of Foreign Affairs discovers as a result of his or her review that the contents corrected or supplemented by an applicant for permission in accordance with paragraph (3) include any important matter prescribed by Presidential Decree, he or she shall consult with the Minister of Environment or the Minister of Oceans and Fisheries about the matter. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| (5) | When the Minister of Foreign Affairs grants permission on activities in the Antarctic area pursuant to Article 4, he or she shall notify the Minister of Environment and the Minister of Oceans and Fisheries, of the fact without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| Article 9 (Conditional Permission) |
When the Minister of Foreign Affairs grants permission for activities in the Antarctic area pursuant to Article 4, he or she may prescribe a valid period of the permission or attach other conditions as necessary. <Amended on Mar. 23, 2013; Mar. 31, 2020>
| Article 10 (Limitations on Permission) |
The Minister of Foreign Affairs shall not grant permission on an application for permission filed in accordance with Article 5, if any of the following events occurs: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> | 1. | Where the Minister of Environment or the Minister of Oceans and Fisheries evaluates that the activities in the Antarctic area, for which an application for permission was filed, are likely to have an adverse impact on the Antarctic environment in the light of the standards prescribed by Presidential Decree; |
| 2. | Where the relevant applicant for permission fails to comply with a request for correction or supplementation under Article 8 (3). |
| Article 11 (Activities in Antarctic Area for Which Permission Not Required) |
| (1) | Any person who desires to undertake any of the following activities in the Antarctic area but has insufficient time to obtain permission under Article 4 may undertake such activity without the need to obtain permission: <Amended on Mar. 31, 2020> |
| 1. | Rescue of lives or ships; |
| 2. | Safe protection of expensive equipment or facilities specified by Presidential Decree; |
| 3. | Other cases where an emergency measure is required in connection with the protection of the Antarctic environment. |
| (2) | Any person who undertakes activities in the Antarctic area without obtaining permission pursuant to paragraph (1) shall endeavor to minimize the impact of his or her activities in the Antarctic area on the Antarctic environment. <Amended on Mar. 31, 2020> |
| (3) | Any person who undertakes activities in the Antarctic area without obtaining permission pursuant to paragraph (1) shall give notice of his or her activities, without delay, to the Minister of Foreign Affairs and the observers of activities in the Antarctic area under Article 18 (1) respectively, as prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended on Mar. 23, 2013; Mar. 31, 2020> |
| (4) | Upon receipt of a notice under paragraph (3), the Minister of Foreign Affairs shall notify such fact to the Minister of Environment and the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| Article 12 (Cancellation, Suspension of Permission) |
| (1) | Where any person who undertakes activities in the Antarctic area falls under any of the following, the Minister of Foreign Affairs may cancel permission for activities in the Antarctic area under Article 4, or order him/her to suspend his or her activities in the Antarctic area for a fixed period of two years or less, in consultation with the Minister of Environment and the Minister of Oceans and Fisheries: Provided, That where he or she falls under subparagraph 1 or 2, his or her permission shall be canceled: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 16, 2018; Mar. 31, 2020> |
| 1. | Where a person has obtained permission for activities in the Antarctic area by fraud or other improper means; |
| 2. | Where a person who has obtained permission for activities in the Antarctic area falls under any of subparagraphs of Article 6: Provided, That a legal entity or organization falling under subparagraph 6 of Article 6 shall be excluded herefrom where such legal entity's or organization's grounds falling under said subparagraph cease to exist within three months from the date such grounds arise; |
| 3. | Where a person has violated any provision of permission under Article 4 or breached a condition attached to the permission under Article 9; |
| 4. | Where any activity in the Antarctic area has caused, or is likely to cause, an unexpected and serious injury to the Antarctic environment. |
| (2) | When the Minister of Foreign Affairs cancels permission for activities in the Antarctic area or orders a person to suspend his or her activities in the Antarctic area pursuant to paragraph (1), the Minister shall notify such fact to the Minister of Environment and the Minister of Oceans and Fisheries, without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| (3) | Any person whose permission for his or her activities in the Antarctic area is canceled or who is ordered to suspend his or her activities in the Antarctic area pursuant to paragraph (1), shall withdraw from the Antarctic area by the deadline prescribed at the time of cancellation or orders for suspension. <Amended on Mar. 31, 2020> |
| (4) | Further guidelines for the cancellation of permission for activities in the Antarctic area or orders for suspension of activities in the Antarctic area under paragraph (1), including the grounds for such cancellation or order and the extent of violation, shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2020> |
| (5) | The Minister of Foreign Affairs shall hold a hearing, whenever he or she intends to cancel permission for activities in the Antarctic area. <Amended on Mar. 23, 2013> |
CHAPTER III PROTECTION OF ANTARCTIC ENVIRONMENT
| Article 13 (Approval for Capturing Native Fauna or Flora in Antarctica) |
| (1) | Any person who has obtained permission for activities in the Antarctic area under Article 4 shall obtain approval from the Minister of Foreign Affairs, as prescribed by Presidential Decree, whenever he or she intends to conduct any of the following acts: <Amended on Mar. 23, 2013; Mar. 31, 2020> |
| 1. | Capturing or picking native fauna or flora in Antarctica or taking such fauna or flora out of the Antarctic area; |
| 2. | Bringing any fauna or flora, other than native fauna or flora in Antarctica, into the Antarctic area; |
| 3. | Any of the following acts that are likely to seriously deteriorate the habitable environment for native fauna or flora in Antarctica: |
| (a) | Take-off and landing of helicopters or any other aircraft; |
| (b) | Operation of a vehicle or ship; |
| (c) | Use of gunpowder or explosives. |
| (2) | When the Minister of Foreign Affairs intends to grant approval under paragraph (1), he or she shall consult with the Minister of Environment and the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| (3) | When the Minister of Foreign Affairs intends to grant approval under paragraph (1), he or she shall issue a letter of approval, clearly describing the activities, period, and place approved and other relevant matters therein, as prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended on Mar. 23, 2013; Mar. 31, 2020> |
| Article 14 (Protection of Special Conservation Area in Antarctica) |
| (1) | The Minister of Foreign Affairs shall publicly notify the following matters designated at the Antarctic Treaty Consultative Meetings, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Mar. 31, 2020> |
| 1. | The Antarctic Specially Protected Area and the Antarctic Specially Managed Area; |
| 2. | Historic sites and monuments in Antarctica. |
| (2) | Any person who desires to have access to the Antarctic Specially Protected Area or the Antarctic Specially Managed Area under paragraph (1) 1 or who desires to undertake activities within such an area, shall obtain approval from the Minister of Foreign Affairs, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Mar. 31, 2020> |
| (3) | When the Minister of Foreign Affairs intends to grant approval under paragraph (2), he or she shall issue a letter of approval, clearly describing the activities, period, and place approved and other relevant matters therein, as prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended on Mar. 23, 2013; Mar. 31, 2020> |
| (4) | Any person who has obtained the approval under paragraph (2) shall carry the letter of approval under paragraph (3) or a copy thereof when he or she enters the Antarctic Specially Protected Area or the Antarctic Specially Managed Area or while he or she undertakes activities within such an area. <Amended on Mar. 31, 2020> |
| Article 15 (Disposal and Management of Wastes) |
| (1) | Any person who holds a permission for activities in the Antarctic area under Article 4 shall endeavor to minimize wastes produced by his or her activities in the Antarctic area. <Amended on Mar. 31, 2020> |
| (2) | Any person who undertakes activities in the Antarctic area shall dispose of wastes produced by his or her activities in the Antarctic area, as prescribed by Presidential Decree. <Amended on Mar. 31, 2020> |
| (3) | Any person who has submitted a waste management plan under subparagraph 3 of Article 5 to obtain permission for activities in the Antarctic area under Article 4, shall appoint one waste manager to ensure that the waste management plan shall be implemented in good faith. <Amended on Mar. 31, 2020> |
| Article 16 (Prevention of Marine Pollution) |
| (1) | Any person who undertakes activities in the Antarctic area shall exercise due care to keep ships used for his or her activities in the Antarctic area from polluting the sea in the Antarctic area. |
| (2) | The Minister of Oceans and Fisheries shall inspect ships (excluding warships) used for activities in the Antarctic area to ensure whether such ships are equipped with equipment and facilities necessary for the prevention of marine pollution. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| (3) | When the Minister of Oceans and Fisheries completes an inspection under paragraph (2), he or she shall notify the Minister of Foreign Affairs of the results thereof without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| Article 17 (Monitoring Antarctic Environment) |
Any person who has submitted a comprehensive environmental impact assessment to obtain permission for activities in the Antarctic area under Article 4, shall conduct periodic monitoring of the Antarctic environment, as prescribed by Presidential Decree, and shall take measures as necessary to minimize the impact of his or her activities in the Antarctic area on the Antarctic environment. <Amended on Mar. 31, 2020>
CHAPTER IV GUIDANCE AND OVERSIGHT
| Article 18 (Designation, and Activities of Observers of Activities in Antarctic Area) |
| (1) | The Minister of Foreign Affairs may designate observers of activities in the Antarctic area, in consultation with the Minister of Environment and the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Foreign Affairs may order observers of activities in the Antarctic area under paragraph (1) to investigate into matters necessary for protection of the Antarctic area, while the Minister of Environment and the Minister of Oceans and Fisheries may request the Minister of Foreign Affairs to order observers of activities in the Antarctic area under paragraph (1) to conduct investigation as necessary, and the Minister of Foreign Affairs shall respect such request. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| (3) | Observers of activities in the Antarctic area may inspect facilities, equipment, ships, and aircraft installed by any person who undertakes activities in the Antarctic area, as well as records preserved, as necessary. In such cases, any person who undertakes activities in the Antarctic area shall receive the inspection, unless there is good reason. <Amended on Mar. 31, 2020> |
| (4) | Upon completion of an inspection pursuant to paragraph (3), observers of activities in the Antarctic area under paragraph (1) shall prepare an inspection report and submit it to the Minister of Foreign Affairs, who shall, in turn, forward one of each copy thereof to the Minister Environment and the Minister of Oceans and Fisheries, respectively. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| (5) | Necessary matters concerning qualification, designation, and scope of duties of observers of activities in the Antarctic area under paragraph (1) and other relevant matters shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2020> |
| Article 19 (Reporting on Results of Activities in Antarctic Area) |
| (1) | Any person who undertakes activities in the Antarctic area shall report the results of his or her activities in the Antarctic area to the Minister of Foreign Affairs in accordance with the following classification: <Amended on Mar. 23, 2013; Mar. 31, 2020> |
| 1. | If he or she has completed activities in the Antarctic area: Within two months from the date of completion; |
| 2. | If the duration of his or her activities in the Antarctic area is one year or more: On or before April 30 of each year (or on or before April 30 of the following year, if he or she began activities in the Antarctic area on or before April 30). |
| (2) | When a person who has obtained permission for activities in the Antarctic area under Article 4 after submitting a waste management plan under subparagraph 3 of Article 5, reports the results of his or her activities in the Antarctic area in accordance with paragraph (1), he or she shall also report the results of performance of the waste management plan. <Amended on Mar. 31, 2020> |
| (3) | Any person who has become aware of any violation of this Act in the Antarctic area shall either report his or her discovery to the Minister of Foreign Affairs or shall notify observers of activities in the Antarctic area of his or her discovery without delay. <Amended on Mar. 23, 2013> |
| (4) | If deemed necessary for the environmental protection of the Antarctic area or the international cooperation in activities in the Antarctic area, the Minister of Foreign Affairs may require any person who undertakes activities in the Antarctic area to report such activities, while the Minister of Environment or the Minister of Oceans and Fisheries may request the Minister of Foreign Affairs to order any person who undertakes activities in the Antarctic area to report such activities. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Upon receipt of a report under paragraphs (1) through (4), the Minister of Foreign Affairs shall notify the Minister of Environment and the Minister of Oceans and Fisheries thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 31, 2020> |
| Article 20 (Corrective Orders) |
| (1) | The Minister of Foreign Affairs may, whenever necessary, order any person who has violated this Act to make a correction, while the Minister of Environment and the Minister of Oceans and Fisheries may request the Minister of Foreign Affairs to order such person to rectify such violation. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Any person who has been ordered to rectify violation pursuant to paragraph (1) shall take measures in compliance with the order within 60 days from the date on which he or she received the order of correction and shall report the details of measures that he or she has taken to the Minister of Foreign Affairs within 10 days from the date of completion of such measures. <Amended on Mar. 23, 2013; Mar. 31, 2020> |
CHAPTER V PROMOTION OF RESEARCH ACTIVITIES IN ANTARCTIC
| Article 21 (Formulation and Implementation of Master Plans for Promotion of Research Activities in Antarctica) |
| (1) | The Government shall formulate a master plan for promotion of research activities in Antarctica (hereinafter referred to as "master plan") every five years, including the following matters in order to promote research activities in Antarctica: |
| 1. | Objectives of promotion of research activities in Antarctica; |
| 2. | Financial resources for research activities in Antarctica; |
| 3. | Programs for development of national scientific and technical areas relating to Antarctica; |
| 4. | Research on environmental protection of Antarctica; |
| 5. | Fostering of, and support to, research institutes and researchers in Antarctica; |
| 6. | Support for establishment and operation of scientific stations and facilities in Antarctica, as well as for human resources therefor; |
| 7. | Development of high-tech research equipment for research on Antarctica; |
| 8. | Other matters necessary for implementation of master plans. |
| (2) | The Government shall finalize master plans through deliberation by the Presidential Advisory Council on Science and Technology under the Presidential Advisory Council on Science and Technology Act and shall publish them through the Official Gazette. <Amended on Mar. 23, 2013; Jan. 16, 2018> |
| (3) | The Government shall establish and implement an annual implementation plan (hereinafter referred to as "implementation plan") for promotion of research activities in Antarctica, according to master plans, as prescribed by Presidential Decree. <Amended on Oct. 16, 2018; Mar. 31, 2020> |
| (4) | The Government shall examine and evaluate the actual performance based on the implementation plan of the preceding year, and shall include the outcome thereof when it formulates a master plan and an implementation plan. <Newly Inserted on Oct. 16, 2018> |
| (5) | Other matters necessary for the formulation and implementation of a master plan and of an implementation plan shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 16, 2018> |
| Article 21-2 (Fact-Finding Survey) |
| (1) | The Government may conduct fact-finding surveys of research activities, etc. on the Antarctic in order to formulate and implement a master plan and an implementation plan. |
| (2) | Where necessary to conduct fact-finding surveys under paragraph (1), the Government may request the heads of related central administrative agencies, local governments, related institutions and organizations to submit data. In such cases, those requested to submit data shall comply with such request unless a compelling ground exists not to do so. |
| (3) | The scope of and method for conducting fact-finding surveys under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 16, 2018]
| Article 22 (Public Relations and Education) |
The Government shall establish a policy for public relations and educational programs to make citizens well aware of the value of Antarctica and the importance of the environmental conservation of Antarctica.
CHAPTER VI? PENALTY PROVISIONS
| Article 23 (Penalty Provisions) |
Any person who commits an act referred to in any subparagraph of Article 3 in violation of the said Article shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on Mar. 31, 2020>
| Article 24 (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 Mar. 31, 2020>
| 1. | A person who undertakes activities in the Antarctic area without permission or permission for modification under Article 4; |
| 2. | A person who obtains permission or permission for modification under Article 4 by fraud or other improper means. |
| Article 25 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding 10 million won: <Amended on Mar. 23, 2013; Mar. 31, 2020>
| 1. | A person who fails to report his or her emergency activities in the Antarctic area to the Minister of Foreign Affairs and observers of activities in the Antarctic area in violation of Article 11 (3); |
| 2. | A person who conducts an act referred to in any subparagraph of Article 13 (1) without approval, in violation of the aforesaid paragraph; |
| 3. | A person who enters the Antarctic Specially Protected Area or the Antarctic Specially Managed Area under Article 14 (1) 1, or undertakes activities within such area, without approval, in violation of Article 14 (2); |
| 4. | A person who fails to take measures, in compliance with an order for correction in violation of Article 20 (2) within 60 days from the date on which he or she has received the order. |
| Article 26 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, a corporation or a individual commits any violation referred to in Articles 23 through 25 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs in order to prevent such violation. [This Article Wholly Amended on Dec. 26, 2008]
| Article 27 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Mar. 31, 2020> |
| 1. | A person who violates any provision of permission under Article 4 or breaches any condition attached to permission under Article 9; |
| 2. | A person who enters the Antarctic Specially Protected Area or the Antarctic Specially Managed Area, or undertakes activities within such area, without carrying a letter of approval or a copy thereof, in violation of Article 14 (4); |
| 3. | A person who fails to appoint a waste manager in violation of Article 15 (3); |
| 4. | A person who fails to respond to an inspection by an observer of activities in the Antarctic area in violation of Article 18 (3); |
| 5. | A person who fails to report the results of his or her activities in the Antarctic area on time without good reason, in violation of Article 19 (1); |
| 6. | A person who fails to report the results of performance of a waste management plan on time without good reason, in violation of Article 19 (2); |
| 7. | A person who fails to make a report under Article 19 (4) without good reason; |
| 8. | A person who fails to report details of measures taken by him/her, in compliance with an order for correction without good reason in violation of Article 20 (2); |
| 9. | Deleted. <Mar. 31, 2020> |
| (2) | A person who fails to report a change in his or her activities in the Antarctic area under the main clause of Article 4 (2) shall be subject to an administrative fine not exceeding seven million won. <Amended on Mar. 31, 2020> |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Foreign Affairs, as prescribed by Presidential Decree. <Newly Inserted on Mar. 31, 2020> |
| (4) | Deleted. <Mar. 23, 2013> |
| (5) | Deleted. <Mar. 23, 2013> |
ADDENDA <Act No. 7195, Mar. 22, 2004>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Permission for Activities in Antarctic Area) Any person who has been undertaking activities in the Antarctic area as at the time this Act enters into force shall be deemed to have obtained permission under Article 4 for activities in the Antarctic area: Provided, That such person shall obtain permission for activities in the Antarctic area again within one year after this Act enters into force. |
ADDENDA <Act No. 7428, Mar. 31, 2005>
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. 8852, Feb. 29, 2008>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... the amendments to the Acts, which were promulgated before this Act enters into force but whose enforcement dates have not yet arrived, among the Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective Acts. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9256, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12768, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons)
Notwithstanding the amended provisions of Article 6 (1), the previous provisions shall apply to persons for whom the declaration of incompetence or quasi-incompetence remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 15344, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 15787, Oct. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 21 and 21-2 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Cancellation of Permission for Activities in the Antarctic Area)
The amended provision of Article 12 (1) 2 shall also apply where an administrative measure is imposed on a legal entity or organization falling under subparagraph 6 of Article 6 before this Act enters into force.
ADDENDUM <Act No. 17159, Mar. 31, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17304, May 26, 2020>
This Act shall enter into force on the date of its promulgation.