CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to improving the people’s awareness of the sea and cultivating talent by prescribing matters necessary to promote marine education and marine culture, as well as to strengthening national marine capabilities, promoting social development, and to improving the qualify of life of the people by developing marine culture.
The terms used in this Act are defined as follows:
1. | The term “marine education” means education conducted by schools and society regarding the fundamental concepts referred to in Article 2 of the Framework Act on Marine Fishery Development, as well as regarding the sea, marine fishery resources, marine science and technology, and marine fisheries referred to in the subparagraphs of Article 3 of that Act; and marine education shall be classified as follows: |
(b) | Social marine education: Marine education conducted by marine education facilities, marine education organizations, and by various facilities, organizations, etc. referred to in Article 18 (3); |
2. | The term “marine culture” means activities of steadily preserving and inheriting tradition, heritage, lifestyles, etc. related to the sea, which have so far been passed down as the totality of spiritual and material products created through interactions between the sea and humans, and all human activities of seeing, enjoying, and experiencing the sea; |
4. | The term “specialized marine education instructor” means a person who has completed a specialized marine education course at a specialized marine education institution and engages in planning, progress, analysis, evaluation, and teaching regarding marine education; |
5. | The term “specialized marine education institution” means an institution, organization, etc. designated under Article 13 (1) to efficiently conduct social marine education; |
6. | The term “marine education facility” means any of the following facilities: |
(a) | Korea National Maritime Museum established under Article 3 of the Korea National Maritime Museum Act; |
(b) | The National Marine Biodiversity Institute established under Article 2 of the Act on the Establishment and Operation of the National Marine Biodiversity Institute of Korea; |
(c) | A facility that preserves and exhibits materials on marine science and technology by collecting, investigating, and studying such materials as well as disseminates knowledge about marine science and technology by opening various educational programs on marine science and technology, among science museums defined in subparagraph 1 of Article 2 of the Act on Establishment, Operation and Promotion of Science Museums; |
(d) | A facility that collects, manages, preserves, investigates, studies, exhibits, and conducts education on materials concerning sea-related history, archaeology, human race, folklore, arts, fauna and flora, minerals, science, technology, industries, etc., among museums defined in subparagraph 1 of Article 2 of the Museum and Art Gallery Support Act and other exhibition facilities; |
(h) | Sea Explorers of Korea organized under the Act on the Support for Sea Explorers of Korea; |
(l) | Any other facility prescribed by Presidential Decree; |
7. | The term “marine education organization” means a corporation or organization prescribed by Presidential Decree, which conducts marine education as one of its major functions, or a corporation or organization similar thereto. |
Article 3 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, support for marine education and marine culture shall be governed by this Act.
Article 4 (Responsibilities of the State and Local Governments) |
(1) | The State and each local government shall formulate policies for promoting marine education and marine culture and provide necessary support. |
(2) | To efficiently implement policies for supporting marine education and marine culture, the State shall establish a cooperation system among relevant central administrative agencies; the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, and the Special Self-Governing Province (hereinafter referred to as "Cities/Dos"); and City/Do offices of education. |
(3) | The State and each local government shall shall guarantee opportunities to systematically learn about the sea and equally enjoy marine culture for socially underprivileged groups, such as low-income earners and persons with disabilities; and shall formulate and implement necessary policies so that they can enjoy and learn about marine culture. |
Article 5 (Establishment and Operation of Marine Education and Culture Deliberation Committee) |
(1) | To deliberate on the following matters concerning revitalizing marine education and marine culture, a marine education and culture deliberation committee (hereinafter referred to as the “Committee”) shall be established under the jurisdiction of the Minister of Oceans and Fisheries: |
1. | Exercising overall control of, and coordinating, policies for marine education and marine culture; |
2. | Formulating and implementing a master plan established pursuant to Article 6; |
3. | Developing, and rendering advice on, policies to revitalize industries using marine culture; |
4. | Establishing and designating marine education centers; |
5. | Improving systems to promote marine education and marine culture; |
6. | Other matters brought to the Committee by the Chairperson, which relate to the affairs and operation of the Committee. |
(2) | The Committee shall be comprised of not more than 20 members, including one Chairperson. |
(3) | The Vice Minister of Oceans and Fisheries shall serve as the Chairperson of the Committee; and members of the Committee shall be appointed or commissioned by the Chairperson, from among public officials of relevant central administrative agencies and persons with considerable knowledge and experience in marine education and marine culture. |
(4) | The Committee may have expert members to investigate and research specialized matters concerning marine education and marine culture, as well as to efficiently deliberate on certification under Article 14 (3). |
(5) | Matters necessary for the composition, operation, etc. of the Committee shall be prescribed by Presidential Decree. |
Article 6 (Formulation of Mater Plans) |
(1) | The Minister of Oceans and Fisheries shall formulate a master plan to promote marine education and marine culture (hereinafter referred to as “master plan”), including the following matters, every five years, subject to deliberation by the Committee: |
1. | Basic objectives of, and direction-setting for, promoting marine education and marine culture; |
2. | Diversification, intensification, and convergence of research on marine education and marine culture, as well as dissemination of research outcomes throughout society; |
3. | Fact-finding surveys and evaluations of marine education; |
4. | Training and utilization of marine education specialists; |
5. | Development and dissemination of marine education materials; |
6. | Measures to raise the people’s awareness of marine culture and to spread marine culture throughout society; |
7. | Identification, research, and preservation of tangible and intangible assets related to marine culture; |
8. | Support for industries utilizing marine culture; |
9. | Domestic and international exchanges and cooperation concerning marine education and marine culture; |
10. | Establishment and operation of a cooperation system among relevant central administrative agencies, local governments, institutions, and organizations to revitalize marine education and marine culture; |
11. | Other matters necessary to promote marine education and marine culture. |
(2) | When formulating or amending a master plan, the Minister of Oceans and Fisheries shall finalize the plan, subject to deliberation by the Committee, after pre-consulting with the head of relevant central administrative agencies and hearing opinions of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"): Provided, That minor matters prescribed by Presidential Decree need not undergo deliberation by the Committee. |
(3) | Where the Minister of Oceans and Fisheries has formulated or amended a master plan pursuant to paragraph (2), he or she shall notify the heads of relevant central administrative agencies and the competent Mayor/Do Governor thereof, and submit it to the competent Standing Committee of the National Assembly without delay. |
(4) | Where necessary to formulate a master plan, the Minister of Oceans and Fisheries may request the heads of relevant administrative agencies, the heads of local governments, the heads of public institutions (referring to public institutions designated under Article 4 of the Act on the Management of Public Institutions), the heads of relevant institutions and organizations, etc. to submit necessary data and information. In such cases, a person so requested shall submit the data and information, unless there is good cause. |
(5) | Upon receipt of notification of the formulation of a master plan from the Minister of Oceans and Fisheries under paragraph (3), a Mayor/Do Governor shall formulate or amend the relevant regional plan to promote marine education and marine culture (hereinafter referred to as “regional plan”) every five years, considering the contents of the master plan and circumstances of the relevant region; and upon receipt of notification of an amendment to a master plan from the Minister, a Mayor/Do Governor shall reflect it in the relevant regional plan, unless there is a compelling reason not to do so. |
Article 7 (Fact-Finding Surveys and Establishment and Operation of Information System) |
(1) | To efficiently formulate and implement a master plan, the Minister of Oceans and Fisheries may conduct a survey regarding the activity status and actual conditions of marine education facilities and marine education organizations, as well as regarding investigation, research, identification, collection, etc. of data on marine culture (hereinafter referred to as “fact-finding survey”) each year. |
(2) | The Minister of Oceans and Fisheries shall establish and operate an information system on marine education and marine culture to efficiently deliver information, data, etc. obtained through fact-finding surveys to the people and to efficiently formulate and implement policies necessary for promoting marine education and marine culture. |
(3) | Where necessary to conduct a fact-finding survey or to establish and operate an information system under paragraph (1) or (2), the Minister of Oceans and Fisheries may request the heads of relevant administrative agencies, the heads of local governments, the heads of public institutions, the heads of relevant institutions and organizations, etc. to submit necessary data and information. In such cases, a person so requested shall submit the data and information, unless there is good cause. |
(4) | The Minister of Oceans and Fisheries shall endeavor to provide the people with the contents and information of fact-finding surveys conducted under paragraphs (1) and (2), pursuant to the Official Information Disclosure Act. |
(5) | The scope and methods of conducting fact-finding surveys and establishing the information system under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER II MARINE EDUCATION
Article 8 (Establishment and Designation of Marine Education Centers) |
(1) | If necessary to revitalize marine education, strengthen national marine capabilities, and contribute to improving the quality of life of the people, the Minister of Oceans and Fisheries may establish a marine education center or may designate a marine education center from among marine education facilities or marine education organizations. |
(2) | A marine education center referred to in paragraph (1) (hereinafter referred to as “marine education center”) shall perform the following activities: |
1. | Conducting marine education for the public, including youth and marginalized groups; |
2. | Developing teaching materials on marine education in schools; providing support for relevant programs; and training teachers on the marine field; |
3. | Developing and distributing teaching materials and programs concerning social marine education; |
4. | Examining whether specialized marine education institutions meet the standards for designation of such institutions; |
5. | Examining whether marine education programs meet the standards for certification of such programs under Article 14 (3); |
6. | Any other matters necessary for revitalizing marine education. |
Article 9 (Designation of Regional Marine Education Centers) |
(1) | To efficiently support marine education by region and to promote consultation, coordination, and other cooperation among entities participating in marine education by region, the Minister of Oceans and Fisheries may designate a regional marine education center (hereinafter referred to as “regional center”) after consultation with a Mayor/Do Governor or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply). |
(2) | A regional center shall perform activities suitable for the relevant region, which are similar to the affairs of marine education centers. |
(3) | Each marine education center and regional center shall devise policies to establish mutual cooperation networks, such as exchange of human and material resources relating to marine education. |
(4) | The Minister of Oceans and Fisheries may contribute or subsidize expenses incurred in relation to activities, operation, etc. of marine education centers and regional centers within budgetary limits. |
(5) | Standards and procedures for designating marine education centers and regional centers and other necessary matters shall be prescribed by Presidential Decree. |
Article 10 (Order for Rectification or Suspension of Operation) |
(1) | The Minister of Oceans and Fisheries may provide guidance and issue an order, which are measures necessary for seamless operation, to a person who has obtained the designation of a marine education center or regional center pursuant to Article 8 (1), as prescribed by Presidential Decree. |
(2) | Where a person who has obtained the designation of a marine education center or regional center pursuant to Article 8 (1) falls under any of the following cases, the Minister of Oceans and Fisheries may issue an order for rectification or suspension of the operation of the center for a specified period: |
1. | Where the person operates such center in violation of the standards for designation referred to in Article 9 (5); |
2. | Other cases where the person fails to comply with an order issued under this Act. |
(3) | Procedures and criteria for making administrative disposition under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 11 (Revocation of Designation of Marine Education Centers or Regional Centers) |
(1) | Where a person who has obtained the designation of a marine education center or regional center pursuant to Article 8 (1) falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the designation: Provided, That where the person falls under subparagraph 1, the Minister shall revoke the designation: |
1. | Where the person obtains the designation by fraud or other improper means; |
2. | Where the person suspends its operation for at least one year without good cause; |
3. | Where the relevant center ceases to meet the standards for designation referred to in Article 9 (5); |
4. | Where the person fails to comply with an order for rectification or suspension of its operation issued under Article 10 (2); |
5. | Where a person who has obtained the designation of a marine education center or regional center pursuant to Article 8 (1) applies for revocation of the designation. |
(2) | Where the designation of a marine education center or regional center is revoked under paragraph (1), the relevant person shall not obtain the designation of the marine education center or regional center within two years from the date of revocation. |
Article 12 (Regional Consultative Councils on Marine Education) |
(1) | To consult on support for marine education by City/Do, a regional consultative council on marine education (hereinafter referred to as “regional consultative council”) may be organized and operated in each City/Do, which is joined by relevant administrative agencies, the City/Do office of education, schools, marine education facilities, marine education organizations, etc. |
(2) | A regional consultative council shall consult on and coordinate the following matters: |
1. | Cooperation, role allocation, and coordination concerning marine education policies or marine education activities by region implemented or performed by relevant central administrative agencies and the competent local government and City/Do office of education; |
2. | Linkage with, and utilization of, marine cultural resources within a region to support marine education by region; |
3. | Any other matters submitted for deliberation by the chairperson of a regional consultative council, as deemed necessary to support marine education by region. |
(3) | A regional consultative council shall be comprised of not more than 20 members, including one chairperson. |
(4) | Any other matters necessary for the composition, operation, etc. of regional consultative councils shall be prescribed by Presidential Decree. |
Article 13 (Designation, and Revocation of Designation, of Specialized Marine Education Institutions) |
(1) | To conduct social marine education by sector and cultivate specialized marine education instructors, the Minister of Oceans and Fisheries may designate a specialized marine education institution from among marine education facilities, marine education centers, regional centers, national and public educational facilities, universities, colleges, and relevant specialized institutions, as prescribed by Presidential Decree. |
(2) | The standards for designating specialized marine education institutions shall be as follows: |
1. | Systematic curricula and educational contents, as well as capabilities to perform educational functions; |
2. | Expertise of educational personnel; |
3. | Status of the educational environment, including facilities and equipment. |
(3) | The State may partially subsidize expenses incurred in relation to specialized marine education institutions within budgetary limits; and such institutions may collect expenses incurred in conducting education with the approval of the Minister. |
(4) | Where a specialized marine education institution falls under any of the following cases, the Minister of Oceans and Fisheries may revoke its designation: Provided, That where a specialized marine education institution falls under subparagraph 1, the Minister shall revoke its designation: |
1. | Where a specialized marine education institution is designated as such by fraud or other improper means; |
2. | Where a specialized marine education institution ceases to meet the standards for designation specified in paragraph (2); |
3. | Where a specialized marine education institution violates any matters prescribed by Presidential Decree. |
(5) | With regard to a person (including the representative if the person is a corporation) for whom the designation of a specialized marine education institution has been revoked pursuant to paragraph (4), the Minister of Oceans and Fisheries shall not designate a specialized marine education institution within two years from the date the designation is revoked. |
(6) | The standards and procedures for designating specialized marine education institutions by sector, details about their curricula and educational contents, etc., procedures therefor, and other necessary matters shall be prescribed by Presidential Decree. |
Article 14 (Development, Dissemination and Certification of Marine Education Programs) |
(1) | To effectively conduct marine education, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu may develop and disseminate marine education programs. |
(2) | A person who intends to operate or to develop and disseminate a marine education program, other than the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu, may apply for certification of the marine education program to the Minister, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That no person, who violates paragraph (5) or for whom such certification has been revoked pursuant to Article 15 (2), shall apply for the certification for two years from the date he or she receives the disposition of an administrative fine or the certification is revoked. |
(3) | The Minister of Oceans and Fisheries may certify a marine education program subject to application for certification under paragraph (2) after the program undergoes examination by the relevant marine education center and deliberation by the Committee as to where it meets the standards for certification prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(4) | A person who has obtained certification under paragraph (3) may indicate certification for the relevant marine education program, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(5) | No person shall indicate the certification referred to in paragraph (4) or make any other similar indication for a marine education program not certified under paragraph (3). |
(6) | The effective period of the certification referred to in paragraph (3) shall be three years from the date the certification is obtained, but it may be extended, subject to deliberation by the Committee. |
(7) | The method of indicating the certification, procedures for applying for certification, standards for certification, extension of the effective period, and any other matters necessary for certification shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
Article 15 (Modification and Revocation of Certification) |
(1) | A person who intends to modify any content of a marine education program certified under Article 14 (3) shall apply for modification of certified matters to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That application for modification of any minor matters prescribed by Presidential Decree may be replaced with notice thereof to the Minister of Oceans and Fisheries. |
(2) | Where a marine education program certified under Article 14 (3) falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the certification thereof: Provided, That where a marine education program falls under subparagraph 1, the Minister shall revoke the certification thereof: |
1. | Where the program is certified by fraud or other improper means; |
2. | Where the program ceases to meet the standards for certification referred to in Article 14 (3); |
3. | Where the certification is indicated in a manner different from the method specified in Article 14 (4); |
4. | Where any modification is made to the contents of the program in violation of paragraph (1). |
Article 16 (Provision of Educational Opportunities to Specialized Marine Education Instructors) |
(1) | The State, local governments, and operators of marine education facilities may provide educational opportunities, including training, to specialized marine education instructors and may support their research activities related to marine education. |
(2) | The State and local governments may fully or partially subsidize operating expenses within budgetary limits to support education, research, and other activities of specialized marine education instructors. |
Article 17 (Support for School Marine Education) |
(1) | For high-quality school marine education, the State and each local government may subsidize the development and research of curricula and educational contents relating to the sea, various marine education activities, and relevant facilities and equipment. |
(2) | For high-quality school marine education, the State and each local government may provide teachers with training opportunities for marine education. |
(3) | The State and each local government may support school marine education activities and events performed or held as part of school marine education, such as club activities, festivals, school arts festivals, and presentations. |
(4) | To promote school marine education, the State and each local government may assist schools in linking with and utilizing marine education facilities, marine education centers, and regional centers. |
(5) | To support school marine education, the State and each local government may fully or partially subsidize operating expenses within budgetary limits, as prescribed by Presidential Decree. |
Article 18 (Support for Social Marine Education) |
(1) | For high-quality social marine education, the State and each local government may subsidize the development and research of curricula and educational contents relating to the sea, various marine education activities, and relevant facilities and equipment. |
(2) | Operators of national and public marine education facilities shall have relevant facilities, equipment, marine education programs, etc. to provide social marine education, as prescribed by Presidential Decree. |
(3) | The State and each local government may support social marine education-related activities of various facilities and organizations that protect and support culturally vulnerable groups with special needs, such as aged persons and persons with disabilities. |
(4) | To support social marine education, the head of a school and the head of the relevant school corporation may allow marine education organizations, etc. to use some of the school facilities after school, on holidays, and during vacations. |
(5) | To support social marine education, the State and each local government may fully or partially subsidize operating expenses of marine education facilities and marine education organizations within budgetary limits, as prescribed by Presidential Decree. |
Article 19 (Support and Subsidization for Expenses) |
(1) | The State and each local government may provide necessary financial support for activities of marine education centers and regional centers within budgetary limits. |
(2) | For the operation of marine education facilities and marine education organizations, the State and each local government may provide necessary financial support within budgetary limits. |
Article 20 (Evaluation of Marine Education Facilities) |
(1) | If necessary to efficiently support marine education, the Minister of Oceans and Fisheries may evaluate the operation status, etc. of marine education facilities and marine education organizations funded or subsidized by the State or a local government. |
(2) | The criteria for evaluating marine education facilities and marine education organizations shall be as follows: |
1. | Systematic curricula and appropriateness of educational contents; |
2. | Status of specialized marine education instructors in possession; |
3. | The educational environment, including facilities and equipment; |
(3) | The objects of evaluation referred to in paragraph (1), detailed criteria for evaluation referred to in paragraph (2), procedures for evaluation, disclosure of evaluation results, and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER III MARINE CULTURE
Article 21 (Dissemination of Marine Culture) |
(1) | The State and each local government shall identify, collect, and preserve assets and data related to marine culture and make them readily available to the people through translation, publication, informatization, etc. |
(2) | The State and each local government may provide necessary support to the revitalization of industries using marine culture. |
(3) | The scope and method of identification, collection, preservation, translation, publication, informatization, etc. of the assets and data under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
Article 22 (Support for Research Activities) |
(1) | The State and each local government may provide necessary support to facilitate research activities, such as diversification, intensification, and convergence of research on marine culture. |
(2) | The State and each local government shall endeavor to ensure that the outcomes of research activities related to marine culture can be actively utilized. |
Article 23 (Domestic and International Exchanges and Cooperation) |
To promote marine culture, the State and each local government shall facilitate cooperation activities, such as joint research with domestic and foreign relevant institutions or international organizations, etc. and academic and cultural exchanges, and may provide necessary assistance to such activities.
CHAPTER IV SUPPLEMENTARY PROVISIONS
Article 24 (Delegation and Entrustment of Authority and Duties) |
(1) | Part of the authority of the Minister of Oceans and Fisheries or a Mayor/Do Governor under this Act may be delegated to the head of an institution under his or her management in accordance with Presidential Decree. |
(2) | Part of the duties of the Minister of Oceans and Fisheries or a Mayor/Do Governor under this Act may be entrusted to a relevant corporation or organization in accordance with Presidential Decree. |
Where the Minister of Oceans and Fisheries intends to take any of the following dispositions, he or she shall hold a hearing:
1. | An order for rectification or suspension of operation issued under Article 10 (2); |
2. | Revocation of the designation of a marine education center or regional center under Article 11 (1); |
3. | Revocation of the designation of a specialized marine education institution under Article 13 (4); |
4. | Revocation of the certification of a marine education program under Article 15 (2). |
Article 26 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
CHAPTER V PENALTY PROVISIONS
Article 27 (Penalty Provisions) |
Any of the following persons 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 obtains the designation of a marine education center under Article 8 (1) by fraud or other improper means; |
2. | A person who obtains the certification of a marine education center under Article 9 (1) by fraud or other improper means; |
3. | A person who obtains the designation of a specialized marine education institution under Article 13 by fraud or other improper means; |
4. | A person who obtains the certification of a marine education program under Article 14 (3) by fraud or other improper means. |
Article 28 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed by a corporation or an individual commits any offense specified in Article 27 in connection with the affairs of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in taking due care and supervision concerning the relevant affairs to prevent such offense.
Article 29 (Administrative Fines) |
(1) | A person who continues to operate a marine education center or regional center in violating of an order for rectification or suspension of operation issued under Article 10 (2) shall be subject to an administrative fine not exceeding five million won. |
(2) | A person who indicates certification for a marine education program not certified or makes any other similar indication in violation of Article 14 (5) shall be subject to an administrative fine not exceeding 200,000 won. |
(3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries or a Mayor/Do Governor, as prescribed by Presidential Decree. |
ADDENDUM <Act No. 17058, Feb. 18, 2020>
This Act shall enter into force one year after the date of its promulgation.