RIVER ACT
Wholly Amended by Act No. 8338, Apr. 6, 2007
Amended by Act No. 8370, Apr. 11, 2007
Act No. 8355, Apr. 11, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8351, Apr. 11, 2007
Act No. 8733, Dec. 21, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 8974, Mar. 21, 2008
Act No. 9313, Dec. 31, 2008
Act No. 9605, Apr. 1, 2009
Act No. 9758, jun. 9, 2009
Act No. 9763, jun. 9, 2009
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10599, Apr. 4, 2011
Act No. 11194, Jan. 17, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11931, Jul. 16, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12994, Jan. 6, 2015
Act No. 13084, Jan. 28, 2015
Act No. 13493, Aug. 11, 2015
Act No. 13689, Dec. 29, 2015
Act No. 13796, Jan. 19, 2016
Act No. 13808, Jan. 19, 2016
Act No. 14544, Jan. 17, 2017
Act No. 14722, Mar. 21, 2017
Act No. 15405, Feb. 21, 2018
Act No. 15624, jun. 8, 2018
Act No. 15684, jun. 12, 2018
Act No. 15742, Aug. 14, 2018
Act No. 16057, Dec. 24, 2018
Act No. 17326, May 26, 2020
Act No. 17453, jun. 9, 2020
Act No. 17732, Dec. 22, 2020
CHAPTER I GENERAL PROVISIONS
The purposes of this Act are to manage rivers appropriately and contribute to the promotion of public welfare by providing for matters regarding the designation, management, use, conservation, etc. of rivers for the promotion of benefits from river use, the environmentally-friendly maintenance and conservation of rivers and the prevention of any damage caused by running river water.
The terms used in this Act are as follows: <Amended on Apr. 1, 2009; Jan. 17, 2012; Mar. 23, 2013; Jun. 9, 2020>
| 1. | The term "river" means waterways where rainwater, etc. fallen on the earth surface flow together, which are designated as a national river or a local river on the ground of its close connection with public interests under Article 7 (2) and (3), and includes river areas and river facilities; |
| 2. | The term "river area" means any lot of land determined pursuant to Article 10 (1); |
| 3. | The term "river facilities" means the following facilities established in order to preserve the functions of a river, improve its usefulness and reduce any damage caused by flooding: Provided, That with respect to facilities installed by a person other than a river management agency, the river facilities shall be limited to those for which the river management agency has obtained consent from their installers to manage them as river facilities: |
| (a) | Facilities for the control of a waterway, including embankments, bank protections, and water control works; |
| (b) | Facilities for the regulation of water levels, including dams, levees (including tide embankments established in accordance with the Tide Embankment Management Act), flood control stations, reservoirs, underground rivers, flood control channels, drainage pumping stations (excluding drainage plants that are infrastructure facilities for agricultural production under the Agricultural and Fishing Villages Improvement Act and pumping stations installed in order to extract sewage under the Sewerage Act), and floodgates; |
| (c) | Facilities related to the sailing of ships, including canals, quays walls, inclining wharfs, docks, and locks; |
| (d) | Other facilities prescribed by Presidential Decree; |
| 4. | The term "river management agency" means each of the Minister of Land, Infrastructure and Transport and a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") who takes charge of the preparation of various plans on rivers, and the designation, use and preservation of rivers; |
| 5. | The term "river works" means works for newly constructing, enlarging, improving or repairing rivers in order to improve the functions of rivers; |
| 6. | The term "maintenance and repair" means inspection, maintenance and other activities performed to maintain normal functionality of a river; |
| 7. | Deleted; <Jan. 17, 2017> |
| 8. | The term "river water" means water flowing in a river or infiltrating and flowing through the river bed, or water stored within a river. |
| Article 3 (Responsibilities and Duties of the State) |
| (1) | The State shall have a responsibility to establish a comprehensive plan on rivers and devise reasonable policies for the efficient preservation and maintenance of rivers. |
| (2) | Local governments shall take necessary measures in accordance with the policies of the State, establish plans catered to the needs of its jurisdiction, and implement them. |
| (3) | Citizens shall proactively cooperate with the river maintenance policies implemented by the State and local governments, and endeavor to preserve rivers and to prevent pollution. |
| Article 4 (Principles of River Maintenance) |
| (1) | Rivers and river water which are public resources shall be duly maintained by the State on such terms and conditions as are appropriate to promote the public interest. |
| (2) | No private right shall be exercised against land consisting of a river and other river facilities: Provided, That the same shall not apply to any of the following cases: <Amended on Jun. 9, 2020> |
| 1. | Where the ownership thereof has been transferred; |
| 2. | Where a mortgage has been established thereon; |
| 3. | Where they are used for permitted purposes after obtaining permission for occupation and use of a river under Article 33 (in cases of persons other than an owner, it shall be limited to cases for which he/she has obtained consent from the owner). |
| Article 5 (Succession to Rights and Obligations) |
| (1) | Where any person who has rights and obligations derived from permission or approval under this Act deceases or transfers his/her rights and obligations, or a merger takes place between corporations which have such rights and obligations, his/her successor, transferee of such rights and obligations, or any corporation surviving a merger or established as a result of a merger shall succeed to his/her status. |
| (2) | Any successor to rights and obligations pursuant to paragraph (1) shall report the fact to the relevant river management agency or to the Minister of Environment, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or by Ordinance of the Ministry of Environment. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (3) | A river management agency and the Minister of Environment shall notify the person who files a report of whether he or she will accept the report within seven days after receiving the same under paragraph (2). <Newly Inserted on Dec. 22, 2020> |
| (4) | If river management agency or the Minister of Environment fails to notify a person who has filed a report of whether or not to accept such report or of the extension of the handling period under the statutes and regulations concerning the handling of civil petitions within the period specified in paragraph (3), the report shall be deemed accepted on the day following the end of the period (referring to the extended or re-extended period if the handling period is extended or re-extended under the statutes and regulations concerning the handling of civil petitions). <Newly Inserted on Dec. 22, 2020> |
| Article 6 (Relation to Other National Projects) |
| (1) | Where the State or a local government intends to conduct a project relating to matters requiring permission by the river management agency or the Minister of Environment pursuant to this Act, the administrative agency which carries out such project shall, in advance, consult with or obtain approval from the river management agency or the Minister of Environment, as prescribed by Presidential Decree. <Amended on Jun. 8, 2018> |
| (2) | Where the head of an administrative agency intends to create any right in the river area or to make any other disposition under other statutes, he/she shall, in advance, consult with or obtain approval from a river management agency or the Minister of Environment. <Amended on Jun. 8, 2018> |
CHAPTER II DESIGNATION OF RIVERS
| Article 7 (Classification and Designation of Rivers) |
| (1) | Rivers shall be categorized into national rivers and local rivers. |
| (2) | National rivers mean any of following rivers which are important for the preservation of the national territory and the national economy, and the names and sections of which, are designated by the Minister of Land, Infrastructure and Transport: <Amended on Apr. 1, 2009; Mar. 23, 2013; Aug. 14, 2018> |
| 1. | A river, total basin area of which, is not smaller than 200 square kilometers; |
| 2. | A down stream of a multi-purpose dam and the river on the upper stream affected in drainage by a dam reservoir; |
| 3. | Any river falling under any of the following whose total basin area is not smaller than 50 square kilometers and smaller than 200 square kilometers: |
| (a) | A river flowing through a city with the population of at least 200 thousand people or the number of people living within its flood area is at least 10 thousand; |
| (b) | A river that has a detention pond with a capacity of at least five million cubic meters, including a multi-purpose dam, levees, etc. and whose water is used nationally; |
| (c) | A river flowing through a water supply source protection area, a national park, a UNESCO biosphere reserve area, a cultural property protection area, or an ecosystem or wetland protection area; |
| (d) | Deleted; <Aug. 14, 2018> |
| 4. | Any river designated by Presidential Decree, based upon such considerations as damage caused by flooding and safety of river facilities and river structures. |
| (3) | Local rivers mean rivers closely related to the public interest of the relevant local area, and the names and sections of which are designated by a Mayor/Do Governor. |
| (4) | The Minister of Land, Infrastructure and Transport shall, when intending to designate a national river pursuant to paragraph (2), undergo deliberation thereon by the National Water Resources Management Committee under Article 29 of the Act on the Investigation, Planning, and Management of Water Resources (hereinafter referred to as the "National Water Resources Management Committee") after consultation with the head of a relevant central administrative agency. The Mayor/Do Governor shall, when intending to designate a local river pursuant to paragraph (3), undergo deliberation thereon by the relevant local water resources management committee under Article 32 of the same Act (hereinafter referred to as "local water resources management committee"). The same shall also apply where such designation is to be altered or revoked. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017> |
| (5) | Where the Minister of Land, Infrastructure and Transport has designated any local river as a national river, the river’s designation as a local river shall cease to have effect. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (6) | Where the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor designates a national or local river in accordance with paragraph (2) or (3) or alters or revokes such designation, he/she shall publicly notify relevant details, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and send the relevant documents to the head of the competent Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply), then such head of the Si/Gun/Gu shall make such documents available to the public for inspection. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (7) | The demarcation of river sections where at least two rivers join or split shall be determined by the relevant river management agency, and if the relevant area falls under the jurisdictions of different river management agencies, such demarcation shall be determined through consultation among the relevant river management agencies. <Amended on Jun. 9, 2020> |
| Article 8 (River Management Agencies) |
| (1) | National rivers shall be managed by the Minister of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (2) | Local rivers shall be managed by the Mayor/Do Governor who has jurisdiction over the relevant area. |
| Article 9 (Management of Border Rivers) |
| (1) | A management agency or methods for management of local rivers located on the border between the Special Metropolitan City, a Metropolitan City, a Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") shall be determined otherwise by an agreement between the relevant Mayors/Do Governors. <Amended on Jan. 17, 2012> |
| (2) | Where an agreement referred to in paragraph (1) is not reached, the Minister of Land, Infrastructure and Transport may determine a management agency or methods for management of relevant rivers after considering the opinions of the related Mayors/Do Governors and undergoing deliberation thereon by the National Water Resources Management Committee and then notify the relevant Mayors/Do Governors of the results thereof. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017> |
| (3) | If any agreement has been reached under paragraph (1), the relevant Mayors/Do Governors shall publicly notify the details thereof or, if he/she receives a notice from the Minister of Land, Infrastructure and Transport under paragraph (2), he/she shall announce the details thereof. The same shall also apply where any of them is amended. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (4) | The relevant Mayors/Do Governors shall report to the Minister of Land, Infrastructure and Transport on the details of such notice under paragraph (3). <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| Article 10 (Determination of River Areas) |
| (1) | A river management agency shall, when the names or sections of rivers have been designated, or publication on the change or revocation of the designation has been made in accordance with Article 7 (6), determine or change any of the following areas as a river area or cancel any existing river area: <Amended on Jun. 9, 2020> |
| 1. | Where there exists a completed embankment (referring to an embankment for which structural stability is deemed secured, as it has a cross-section necessary to let flow a volume of water equal to the flood discharge that serves as a basis for establishing an installation plan for river facilities) on the basic river plan under Article 25 (hereinafter referred to as "basic river plan"), the site of the relevant completed embankment and land on the side of the streambed from the completed embankment; |
| 2. | Where there exists a planned embankment (referring to an embankment that is planned to be reinforced or newly built) in the basic river plan, the site of the relevant planned bank and land on the side of the streambed from the planned bank; |
| 3. | In cases of a district on which no bank is planned on the basic river plan, the land equivalent to a planned width between two riverbanks (referring to the width between two riverbanks, which is necessary to let flow a volume of water equal to the flood discharge that serves as a basis for establishing an installation plan for river facilities); |
| 4. | The land below the estimated flood levels of a dam, an estuarine bank, a flood control area or a reservoir (referring to the relevant water level, where there flows a volume of water equal to the flood discharge that serves as a basis for establishing an installation plan for river facilities; hereinafter the same shall apply); |
| 5. | In cases of a place in which a linear structure, including a railroad and a road, serves as a bank, the crest of a slope of the linear structure in the direction to the river shall be deemed the crest of a slope of the bank, and land on the side of the streambed from the bank; |
| 6. | Land below water surface in cases of a river whose basic river plan has not been established, over which water is likely to flow at least once a year on average when taking into account the land and land features over which water flows continuously, the state of land features on which grass and trees grow, traces of flood, and other status, as prescribed by Presidential Decree. |
| (2) | A river management agency shall, when determining the river area pursuant to paragraph (1), undergo deliberation thereon by the National Water Resources Management Committee or any local water resources management committee (hereinafter referred to as the "Water Resources Management Committee"). The same shall also apply when it changes or cancels any river area under paragraph (1). <Amended on Jan. 17, 2017> |
| (3) | Article 7 (6) shall apply mutatis mutandis to the designation or change in a river area or the revocation of a river area under paragraph (1). |
| (4) | A river management agency shall hear the opinions of local residents and others before determining, changing or revoking a river area under paragraph (1) and, when publicly notifying the determination, change or revocation of a river area in accordance with paragraph (3), prepare a topographical map, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and publish it concurrently. <Amended on Feb. 21, 2018> |
| (5) | The determination, change or revocation of a river area shall be effective on the date when the public notice thereof under paragraph (3) has been made. |
| (6) | Where a river area is designated under paragraph (1), the State or a relevant local government shall endeavor to secure the area as the State property under the State Properties Act, if the area is a national river, or as the public property under the Public Property and Commodity Management Act, if it is a local river. |
| Article 11 Deleted. <Aug. 11, 2015> |
| Article 12 (Flood Control Areas) |
| (1) | Where a river management agency deems it necessary to preserve rivers and prevent possible damage caused by flooding, it may designate any of the following as a flood control area: <Amended on Jun. 9, 2020> |
| 1. | In cases of a river for which a basic river plan has been established, any area excluding land under the estimated flood level and determined as a river area (referring to the land for which any area falling under Article 10 (1) 1 through 3 has been determined as a river area) by a river management agency; |
| 2. | In cases of a river for which a basic river plan has not been established, any area within the specific boundary prescribed by Presidential Decree from the border line of such river area designated by a river management agency from the area under Article 10 (1) 6, in an area in which flooding is feared. |
| (2) | A river management agency shall, when intending to designate a flood control area in accordance with paragraph (1), undergo deliberation thereon by the Water Resources Management Committee. The same shall also apply to any change or revocation of the designation of such area. <Amended on Jan. 17, 2017> |
| (3) | Articles 7 (6) and 10 (4) shall apply mutatis mutandis to the designation, change, and revocation of a flood control area. |
| Article 13 (Standards for Structures and Facilities of Rivers, and Maintenance and Repair) |
| (1) | The structures and facilities of rivers, the maintenance and repair thereof, and safety inspections therefor shall meet standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall, when determining the standards under paragraph (1), endeavor to minimize damage to the ecosystem caused by river works, and secure the safety thereof by taking into account the river structure, water level, quantity of flowing water, features and quality of land, other conditions of the river, deadweight, and estimated weight other than the hydraulic pressure thereof. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| Article 14 (Management Regulations for River Facilities) |
| (1) | Any person who establishes river facilities prescribed by Presidential Decree, including a dam, a reservoir, and a floodgate, shall set management regulations for river facilities, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (2) | Where any person, other than the river management agency, sets the management regulations for river facilities in accordance with paragraph (1), he/she shall obtain approval from a river management agency. The same shall also apply where the prescribed management regulations are to be amended. |
| (3) | A river management agency shall, when setting or amending management regulations pursuant to paragraph (1) or granting its approval or approval for amendment pursuant to paragraph (2), listen to the opinions of relevant Mayors/Do Governors in cases of national rivers, and opinions of relevant heads of Sis/Guns/Gus in cases of local rivers. <Amended on Jun. 9, 2020> |
| (4) | The Minister of Environment may, if necessary for the prevention of a disaster caused by flooding and the efficient operation of water resources, set management regulations regarding the organic linkage and operation of at least two river facilities. In such cases, the Minister of Environment shall first hear the opinions of the heads of relevant central administrative agencies and the relevant Mayor/Do Governor. <Amended on Apr. 1, 2009; Mar. 23, 2013; Feb. 21, 2018; Jun. 8, 2018; Jun. 9, 2020> |
| (5) | The Minister of Environment may order the measures necessary for the prevention of flooding in line with management regulations under paragraph (4). In such cases, any manager of river facilities shall comply therewith. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| Article 15 (River Facility Management Log Books) |
| (1) | A river management agency shall prepare and keep management log books for river facilities under its control. |
| (2) | Matters necessary for preparing and keeping management log books under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jan. 17, 2017> |
| (3) | Deleted. <Jan. 17, 2017> |
CHAPTER III SURVEYS AND ESTABLISHMENT OF PLANS
| Article 16 Deleted. <Jan. 17, 2017> |
| Article 17 Deleted. <Jan. 17, 2017> |
| Article 18 Deleted. <Jan. 17, 2017> |
| Article 19 Deleted. <Jan. 17, 2017> |
| Article 20 Deleted. <Jan. 17, 2017> |
| Article 21 Deleted. <Jan. 17, 2017> |
| Article 21-2 (Conduct of Examination on Riverbed Changes) |
| (1) | A river management agency shall conduct an examination on riverbed changes on a regular basis in order to ascertain the effects of the scour, sedimentation, etc. on the river’s capacity to carry flows and the safety and inherent functions of river facilities. |
| (2) | The following shall be prescribed by Presidential Decree: |
| 1. | Method of examination on riverbed changes; |
| 2. | The timing and cycle of examination on riverbed changes; |
| 3. | Processing and use of data from examination on riverbed changes; |
| 4. | Education and training of persons engaged in the examination on river bed changes; |
| 5. | Other matters related to examination on riverbed changes. |
[This Article Newly Inserted on Jan. 19, 2016]
| Article 22 (Informatization of River Management Data) |
| (1) | The Minister of Land, Infrastructure and Transport shall build and operate a river management information system for the efficient utilization of data necessary for river management. <Amended on Jan. 17, 2017> |
| (2) | The Minister of Land, Infrastructure and Transport may request the head of the relevant agency, such as a central administrative agency, a local government, a government-funded institution, or a government-contributed institution, to submit necessary data in order to build a river management information system referred to in paragraph (1). The head of the relevant agency shall comply with the request in the absence of special circumstances. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017; Jun. 9, 2020> |
| (3) | The scope of construction and operating procedures of the river management information system referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 17, 2017> |
[Title Amended on Jan. 17. 2017]
| Article 23 Deleted. <Jan. 17, 2017> |
| Article 24 Deleted. <Jan. 17, 2017> |
| Article 25 (Basic River Plans) |
| (1) | A river management agency shall establish a basic river plan on a ten-year basis which includes basic matters necessary for the use of rivers and environment-friendly maintenance and conservation thereof, for rivers under its management, as prescribed by Presidential Decree. <Amended on Jun. 12, 2018> |
| (2) | Notwithstanding paragraph (1), the Minister of Land, Infrastructure and Transport may, if he/she deems it necessary to establish a basic river plan in connection with the comprehensive river basin water resources management plan under Article 18 of the Act on the Investigation, Planning, and Management of Water Resources, establish a basic river plan for each river under the control of a Mayor/Do Governor as its management agency. In such cases, the Minister of Land, Infrastructure and Transport shall consult, in advance, the river management agency. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017> |
| (3) | A river management agency shall review the feasibility of the basic river plan every five years from the date of its establishment, and if necessary, amend the plan. <Amended on Jun. 9, 2020> |
| (4) | Matters to be included in a basic river plan shall be prescribed by Presidential Decree. |
| (5) | Where the Minister of Land, Infrastructure and Transport or the river management agency intends to establish or amend a basic river plan, it shall undergo deliberation by the Water Resources Management Committee after prior consultation with the head of the relevant administrative agency: Provided, That the same shall not apply to minor changes as prescribed by Presidential Decree. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017> |
| (6) | Article 9 shall apply mutatis mutandis in cases where the Mayor/Do Governor establishes a basic river plan for local rivers running through at least two Cities/Dos. <Amended on Jun. 9, 2020> |
| (7) | Article 7 (6) shall apply mutatis mutandis to the development and amendment of a basic river plan. |
| (8) | Matters necessary for the standard, procedures, methods, etc. for the establishment of a basic river plan shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 19, 2016> |
| Article 26 (Emergency Countermeasure Plans for River Facilities) |
| (1) | Any person who builds river facilities prescribed by Presidential Decree, including dams, shall establish an emergency countermeasure plan to prevent or mitigate damage resulting from an emergency, including the collapse of any river facilities, to the people's lives and property: Provided, That the same shall not apply where an emergency countermeasure plan is to be established under other statutes. |
| (2) | Where any person intends to establish an emergency countermeasure plan in accordance with paragraph (1), he/she shall consult in advance the heads of relevant administrative agencies over the plan and when he/she has established an emergency countermeasure plan, he/she shall notify it to the heads of the relevant administrative agencies without delay. In such cases, the heads of the relevant administrative agencies shall take measures necessary to deal with any emergency based on the emergency countermeasure plan. |
| (3) | Paragraph (2) shall apply mutatis mutandis to any amendment to the emergency countermeasure plan that has already been established. |
| (4) | Matters to be included in an emergency countermeasure plan and other details concerning the development thereof shall be prescribed by Presidential Decree. |
CHAPTER IV EXECUTION OF RIVER WORKS
| Article 27 (River Works, Maintenance and Repair by River Management Agencies) |
| (1) | Where a river management agency (including the Minister of Land, Infrastructure and Transport, where the Minister executes river works by proxy pursuant to Article 28 (1); hereafter in this Article the same shall apply) intends to carry out any river works, it shall establish a plan on the execution thereof (hereinafter referred to as "river works execution plan"), as prescribed by Presidential Decree: Provided, That the same shall not apply to cases where it intends to carry out any minor river works prescribed by Presidential Decree. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (2) | A river works execution plan shall be established within the scope of a basic river plan. |
| (3) | Where a river management agency establishes or amends a river works execution plan, it shall make a public notice thereof as prescribed by Presidential Decree. |
| (4) | Where a river management agency managing national rivers executes the works on a river belonging to a local river within the section joining a local river during the execution of river works on a national river, notwithstanding the provisions of Article 30, it shall not be deemed river works performed by a person, other than a river management agency. |
| (5) | Except as otherwise provided for in this Act, river works and the maintenance and repair of rivers shall be carried out by a river management agency: Provided, That the maintenance and repair of national rivers shall be carried out by a Mayor/Do Governor in order to prevent disasters caused by floods and to efficiently manage water resources, except in any of the following facilities and sections of national rivers publicly announced by the Minister of Land, Infrastructure and Transport: <Amended on Jan. 17, 2012; Mar. 23, 2013> |
| 1. | A bank (including bank protection and drainage facilities); |
| 4. | Other facilities prescribed by Presidential Decree which need to be managed in conjunction with the facilities referred to in subparagraphs 1 through 3. |
| (6) | A river management agency may, if any of the following arises, execute river works or maintain and repair rivers, as prescribed by Presidential Decree: |
| 1. | Construction, maintenance and repair of other structures which serve also as river facilities; |
| 2. | Where it executes other works which have become necessary as a result of river works or another works which have become necessary to execute river works together with such river works. |
| (7) | A river management agency shall, on completion of any construction works referred to in paragraphs (5) and (6), make a public notice thereof, as prescribed by Presidential Decree. |
| (8) | With regard to river facilities for which a public notice on completion of construction has been made in accordance with paragraph (7), the maintenance or repair shall be performed on the day following such notice pursuant to paragraph (5). |
| (9) | Article 9 shall apply mutatis mutandis to the proviso to paragraph (5). |
| (10) | Where the Minister of Land, Infrastructure and Transport intends to carry out the maintenance and repair of national rivers pursuant to paragraph (5), he/she shall listen to the opinions of the relevant Mayor/Do Governor in advance. <Newly Inserted on Jan. 17, 2012; Mar. 23, 2013> |
| Article 28 (Execution of River Works by Proxy) |
| (1) | The Minister of Land, Infrastructure and Transport may, if he/she deems it necessary, conduct river works on behalf of the Mayor/Do Governor. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may, if he/she deems it necessary, have the Mayor/Do Governor or government-funded institution prescribed by Presidential Decree perform river works on his/her behalf. Where the Minister of Land, Infrastructure and Transport has any government-funded institution prescribed by Presidential Decree perform such river works by proxy pursuant to paragraph (1), he/she shall have prior consultations with the relevant Mayor/Do Governor. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (3) | Matters necessary for the scope of execution of works by proxy referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (4) | Any person who completes work referred to in paragraphs (1) through (3) shall make a public notice thereof, as prescribed by Presidential Decree. |
| (5) | With regard to river facilities for which a public notice on completion of construction has been made in accordance with paragraph (4), the maintenance or repair shall be performed on the day following such notice pursuant to Article 27 (5). |
| Article 29 (Execution of Works by Initiator of Works) |
| (1) | With respect to the river works or maintenance and repair of a river resulting from any work or act falling under any of the following subparagraphs (hereafter in this Article referred to as "river works, etc."), a river management agency may have any person who has performed such work, other than river works or who has caused damage to a river or changed the current state of a river perform river works, etc. at his/her expense: |
| 1. | Works, other than river works; |
| 2. | An act causing damage to a river or a change to its current state. |
| (2) | Notwithstanding paragraph (1), if there exists a separate individual engaged in the activity causing the river works, etc., the river management agency may have him/her bear all or part of the expenses associated with such river works, etc. |
| Article 30 (River Works by Persons Other than River Management Agencies) |
| (1) | A person, other than a river management agency, may execute river works or the maintenance and repair of rivers upon permission from the river management agency, as prescribed by Presidential Decree except as provided for in Articles 6, 9, and 28: Provided, That minor matters prescribed by Presidential Decree shall not require permission. <Amended on Jun. 9, 2020> |
| (2) | Where a river management agency intends to grant permission referred to in paragraph (1), it shall examine whether matters requiring permission are in compliance with the basic river plan. In such cases, the river management agency shall have prior consultations with the head of the relevant administrative agency. |
| (3) | The Minister of Land, Infrastructure and Transport shall, on granting permission referred to in paragraph (1), notify the Mayor/Do Governor having jurisdiction over the relevant area without delay. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (4) | A river management agency may, where deemed particularly necessary in granting permission referred to in paragraph (1), have all or part of required construction costs deposited, as prescribed by Presidential Decree. |
| (5) | Any person who has obtained permission pursuant to paragraph (1) shall prepare a river works execution plan and have it authorized by the river management agency, as prescribed by Presidential Decree. The same shall also apply where he/she amends matters prescribed by Presidential Decree from among those authorized. |
| (6) | A river management agency shall notify the relevant applicant of whether to grant authorization or authorization for change, within 20 days after receipt of an application for authorization or for authorization for change under paragraph (5). <Newly Inserted on Dec. 22, 2020> |
| (7) | A river management agency shall, on granting authorization referred to in paragraph (5), make a public notice thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013; Dec. 22, 2020> |
| (8) | Where any person, other than a river management agency, completes any river works, he/she shall submit a report thereon to, and receive completion authorization from, the river management agency. In such cases, the river management agency which has received an application for completion authorization may request the head of the relevant central administrative agency, a local government, or a government-funded institution prescribed by Presidential Decree to conduct an inspection necessary for such authorization. <Amended on Dec. 22, 2020> |
| (9) | Where a river management agency has received an application for completion authorization referred to in paragraph (8), it shall grant completion authorization if it deems that such work has been performed in conformity with the contents of the implementation plan for river works authorized pursuant to paragraph (5). <Amended on Dec. 22, 2020> |
| (10) | With regard to river facilities for which completion authorization has been granted in accordance with paragraph (9), the maintenance or repair shall be performed on and after the day following the grant of such completion authorization pursuant to Article 27 (5). <Amended on Dec. 22, 2020> |
| (11) | In cases where permission matters under paragraph (1) are duplicated or related to matters requiring permission under Article 33 (1) or 50 (1), a permitting authority and matters necessary for other procedures for permission shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020; Dec. 22, 2020> |
| Article 31 Deleted. <Jan. 17, 2017> |
| Article 32 (Legal Fiction as Authorization and Permission under Other Statutes) |
| (1) | Where a river management agency has established and announced a river works execution plan in accordance with Article 27 or any person other than a river management agency has obtained authorization for a river works execution plan in accordance with Article 30 (5), any matter on which the Minister of Land, Infrastructure and Transport or a river management agency consulted under paragraph (3) with the head of the relevant administrative agency with regard to permission, authorization, license, approval, decision, cancellation, deliberation, report, consultation, disposition, etc. (hereafter in this Article referred to as "authorization, permission, etc.") hereunder shall be deemed to have obtained required authorization, permission, etc., and in cases where a public notice on a river works execution plan or on the authorization of a river works execution plan for a person other than a river management agency has been made, a public notice or announcement on any of the following authorizations, permissions, etc. under relevant statutes shall be deemed to have been given: <Amended on Dec. 21, 2007; Dec. 27, 2007; Act Nos. 8974&8796, Mar. 21, 2008; Dec. 31, 2008; Apr. 1, 2009; Act Nos. 9758&9763, Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Mar. 23, 2013; Jan. 14, 2014; Jan. 17, 2017; Dec. 24, 2018; Jun. 9, 2020> |
| 4. | Deleted; <Apr. 15, 2010> |
| 10. | Permission for occupation of urban parks under Article 24 of the Act on Urban Parks and Green Areas, permission for activities within urban natural park areas under Article 27 of the said Act, and permission for occupation of greenbelts under Article 38 of the said Act; |
| 18. | Permission for reburying corpses in graves under Article 23 (1) of the Act on Funeral Services; |
| (2) | Where any person, other than a river management agency, intends to obtain deemed authorization, permission, etc. referred to in paragraph (1), he/she shall submit required documents as prescribed by the relevant statutes when filing an application for authorization for river works execution plan under Article 30 (5). <Amended on Jun. 9, 2020> |
| (3) | Where the Minister of Land, Infrastructure and Transport or a river management agency intends to establish a river works execution plan in accordance with Article 27 (1) or to authorize a river works execution plan by any person, other than the river management agency, in accordance with Article 30 (5), he/she/it shall have prior consultations with the heads of relevant administrative agencies if the plan includes any matters referred to in each subparagraph of paragraph (1). <Amended on Jan. 17, 2017> |
| (4) | In any of the following cases, the matters on which the Minister of Land, Infrastructure and Transport or a river management agency has consulted with the heads of relevant administrative agencies under paragraph (6) in connection with the inspection of work completion and the authorization for work completion, etc. following the authorization, permission, etc. that are deemed to have been granted by the Minister of Land, Infrastructure and Transport or the river management agency under paragraph (1) shall be deemed to have been publicly notified: <Amended on Apr. 1, 2009; Mar. 23, 2013; Dec. 22, 2020> |
| 1. | Where the completion of river works is publicly notified in accordance with Articles 27 (7) and 28 (4); |
| 2. | Where the completion of river works is authorized in accordance with Article 30 (9); |
| 3. | Deleted. <Jan. 17, 2017> |
| (5) | Where any person, other than a river management agency, intends to be deemed to have received completion inspection and authorization, etc. referred to in paragraph (4), he/she shall submit required documents as prescribed by the relevant Act when applying for completion authorization in accordance with Article 30 (8). <Amended on Jun. 9, 2020; Dec. 22, 2020> |
| (6) | The Minister of Land, Infrastructure and Transport or the river management agency shall, if matters subject to completion inspection or authorization, etc. following the legal fiction of authorization, permission, etc. that are deemed under paragraph (1) exist in performing the works completion or granting the authorization for works completion in accordance with Articles 27 (7), 28 (4), and 30 (9), have prior consultations with the heads of relevant administrative agencies. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017; Jun. 9, 2020; Dec. 22, 2020> |
CHAPTER V OCCUPATION AND USE OF RIVERS
| Article 33 (Permission for Occupation and Use of Rivers) |
| (1) | Any person who intends to perform an act hereunder in a river area shall obtain permission from a river management agency, as prescribed by Presidential Decree. The same shall also apply to making changes to permitted matters determined as important by Presidential Decree: |
| 1. | Occupation and use of land; |
| 2. | Occupation and use of river facilities; |
| 3. | Construction, reconstruction and alteration of structures; |
| 4. | Excavating, banking and cutting the ground and making other changes in shape and quality of land; |
| 5. | Extracting earth and stones, sand, gravels; |
| 6. | Other acts that may hinder the preservation and maintenance of rivers, and those prescribed by Presidential Decree. |
| (2) | Additional conditions may be attached to permission under paragraph (1) (hereinafter referred to as "permission for occupation and use of a river") that are necessary for the prevention of pollution caused by contaminated rivers and any harm to public health and hygiene. |
| (3) | When a river management agency grants permission for occupation and use of a river, it shall take into account the following: <Amended on Jan. 17, 2017> |
| 1. | Whether it is in conformity with the criteria of structure and facilities of rivers under Article 13; |
| 2. | Whether it is in line with the basic river plan; |
| 3. | Whether drainage facilities have been installed so that the flooding does not occur in the surrounding areas due to the establishment of structures; |
| 4. | Impact on river facilities by the use of river water or the establishment of structures, etc. |
| (4) | In granting permission for occupation and use of a river, a river management agency shall not do so if such permission is applied to do any of the following acts: <Amended on Jun. 9, 2020> |
| 1. | Cultivating crops using an agrochemical or fertilizer prescribed by Presidential Decree; |
| 2. | Damaging or threatening to damage rivers and river management facilities, such as extracting aggregate, etc. prescribed by Presidential Decree; |
| 3. | Grazing or breeding cattle; |
| 4. | Installing fixed structures by using materials, including concrete, etc.: Provided, That the same shall not apply to acts prescribed by Presidential Decree which do not impede the management of rivers; |
| 5. | Other acts impeding the preservation and management of rivers and prescribed by Presidential Decree. |
| (5) | A person who has obtained permission for occupation and use of a river shall not lease or sublease to another person any land or facilities he/she is occupying and using under such permission: Provided, That he/she may lease or sublease the land or facilities subject to approval from the river management agency in cases prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Feb. 21, 2018> |
| (6) | Article 30 (10) shall apply mutatis mutandis to cases where matters requiring permission under paragraph (1) duplicate or are related to the matters requiring permission under Article 30 (1) or 50 (1). <Amended on Feb. 21, 2018; Dec. 22, 2020> |
| (7) | A river management agency shall, on granting permission for occupation and use of rivers, issue a notice thereof, as prescribed by Presidential Decree. <Amended on Feb. 21, 2018> |
| (8) | The effective period of permission for occupation and use of rivers and detailed standards for permission shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013; Feb. 21, 2018> |
| (9) | Article 30 (3) shall apply mutatis mutandis to permission for occupation and use of rivers, and Article 30 (5) through (9) shall apply mutatis mutandis to the matters related to permission for occupation and use under paragraph (1) 3 (excluding cases prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which do not affect river management) or paragraph (1) 4. <Amended on Jan. 19, 2016; Mar. 21, 2017; Feb. 21, 2018; Dec. 22, 2020> |
| Article 34 (Protection of Vested River Users) |
| (1) | When granting permission for occupation and use of a river, if it is clear that a person who has the right to a river prescribed by Presidential Decree, including a person who has already obtained permission for occupation and use of a river (hereinafter referred to as "vested river user") will suffer loss, such as limited access or environmental damage, due to the permission at issue, a river management agency shall have the relevant applicant obtain the consent of the vested river user: Provided, That the same shall not apply to any of the following cases: <Amended on Mar. 21, 2017; Jun. 9, 2020> |
| 1. | Where the applicant’s project relating to the occupation and use of a river serves a significantly greater public interest than the vested river user’s project relating thereto; |
| 2. | Where it is deemed that installing loss prevention facilities can keep such permission from causing interference in the implementation of a project relating to the vested river user’s use of the river. |
| (2) | The cases where consent of the vested river user is required pursuant to paragraph (1) and the methods, procedures, etc. for such consent shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 21, 2017> |
| Article 35 (Consultation on Indemnification from Occupation and Use of River) |
| (1) | Where any vested river user suffers any loss due to the permission for occupation and use of a river, the person who has obtained such permission shall compensate for such loss. |
| (2) | As to the indemnification referred to in paragraph (1), a person who has obtained the permission for occupation and use of a river and the vested river user shall consult with each other. |
| (3) | Where an agreement referred to in paragraph (2) is not or cannot be reached, the parties may apply for a ruling to the competent land expropriation commission, as prescribed by Presidential Decree. |
| (4) | Except as provided in this Act in regard of indemnification referred to in paragraphs (1) through (3), the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis thereto. <Amended on Jun. 9, 2020> |
| Article 36 (Vicarious Execution of Work Occupying and Using River) |
| (1) | A river management agency may, on application of a person who has obtained permission referred to in Article 30 or 33, execute any work that occupies and uses a river on his/her behalf, if it is deemed particularly necessary for the preservation of rivers. |
| (2) | Where the river management agency intends to execute works pursuant to paragraph (1), it shall notify in advance the river occupant of the period of execution. |
| (3) | Any work that occupies and uses a river shall be deemed river works insofar as it is executed by the river management agency pursuant to paragraphs (1) and (2). |
| Article 37 (Collection, Reduction, and Exemption of Occupation Fees) |
| (1) | A river management agency may collect fees for land occupation, and other fees for the use of a river (hereinafter referred to as "occupation fees, etc.") from a person who has obtained permission for occupation and use of rivers: Provided, That the same shall not apply where he/she carries out the activities that occupy and use a river under Article 33 (1) 1 and 3 through 6 in a privately-owned river area. |
| (2) | In collecting occupation fees, etc. under paragraph (1) for a national river, if the Mayor/Do Governor maintains and manages the river pursuant to the proviso to Article 27 (5), he/she shall be deemed the river management agency for the relevant national river. <Amended on Jun. 9, 2020> |
| (3) | A river management agency may collect an amount equivalent to 120/100 of occupation fees, etc. as indemnification from a person who occupies or uses a river without permission for occupation and use of rivers. |
| (4) | The amount and collection method of occupation fees, etc. and indemnification referred to in paragraphs (1) through (3) shall be determined by Municipal Ordinance of City/Do to which the relevant river management agency belongs, within the scope prescribed by Presidential Decree. |
| (5) | In granting permission for occupation and use of rivers, a river management agency may reduce or exempt occupation fees, etc., as prescribed by Presidential Decree, if the occupation or use provided for in each subparagraph of Article 33 (1) falls under any of the following cases: |
| 1. | Where the occupation or use is made by a non-profit business that is done for official or public purposes as well as in the public interest; |
| 2. | Where the occupation or use is made by such public-interest business that has a significant impact on the national economy as prescribed by Presidential Decree; |
| 3. | Where the intended purpose of the occupation and use of river cannot be achieved on the grounds of a disaster or special circumstances. |
| Article 38 (Restrictions on Activities in Predetermined River Land) |
| (1) | Any person who intends to engage in any act hereunder in a flood control area publicly notified pursuant to Article 12 (3) shall obtain permission from a river management agency, as prescribed by Presidential Decree: Provided, That the same shall not apply to a minor act prescribed by Presidential Decree: <Amended on Aug. 11, 2015> |
| 1. | Construction or reconstruction of structures; |
| 2. | Excavating, banking and cutting the ground or making other changes in shape and quality of land; |
| 3. | Deleted. <Aug. 14, 2018> |
| (2) | Where a person intends to engage in any act falling under any subparagraph of paragraph (1) within a flood control area (limited to the district falling under Article 12 (1) 1) publicly notified under Article 12 (3), the person may do so after raising the land level higher than the estimated flood level prescribed on the basic river plan. <Amended on Jul. 16, 2013; Jun. 9, 2020> |
| (3) | Article 33 (2) through (4) and (6) through (8) shall apply mutatis mutandis to the additional conditions, restrictions, and detailed standards for permission under paragraph (1). <Amended on Feb. 21, 2018> |
| (4) | Article 30 (5) through (9) shall apply mutatis mutandis to paragraph (1) 1. <Amended on Dec. 22, 2020> |
[Title Amended on Aug. 11, 2015]
| Article 39 (Installation of Disaster Prevention Facilities by Builders or Managers of Dams) |
| (1) | Builders or managers of dams, estuarine banks, etc. (hereinafter referred to as "dams, etc.") who fall under any of following subparagraphs shall install such facilities and take such other measures as are deemed necessary to prevent or reduce the occurrence of disasters resulting from building the dams, etc., as prescribed by Presidential Decree: <Amended on Aug. 14, 2018; Jun. 9, 2020> |
| 1. | Dams installed for impounding or drawing water flowing from a river, which are 15 meters or higher from a dam's foundation to its crest or have a total storage of 20 million or more cubic meters of water: Provided, That agricultural dams with height of not less than 15 meters whose river basin area is less than 250 thousand square meters or which have a total storage of less than five million cubic meters of water shall be excluded; |
| 3. | Structures which impound water flowing from the surface of the sea near an estuary; |
| (2) | Builders or managers of dams, etc. shall employ management engineers qualified as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in order for the appropriate management thereof. <Amended on Apr. 1, 2009; Mar. 23, 2013; Aug. 14, 2018> |
| (3) | Builders or managers of dams, etc. shall prepare and keep record on the management and hydrology of dams, etc. and present them without delay at the request of the river management agency or that of the Minister of Environment, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or by Ordinance of the Ministry of Environment. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018; Aug. 14, 2018> |
[Title Amended on Aug. 14, 2018]
| Article 40 Deleted. <Jan. 17, 2017> |
| Article 41 (Measures for Flood Control) |
| (1) | Builders or managers of dams, etc. shall, when intending to discharge water stored in a dam in preparation for a flood, obtain approval from the Minister of Environment, as prescribed by Presidential Decree. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018; Aug. 14, 2018> |
| (2) | Where it is necessary to take emergency measures to prevent and reduce the occurrence of disasters caused by flooding, a river management agency or the Minister of Environment may order the builder or manager of a dam, etc. to take necessary measures, by comprehensively taking into consideration river conditions of the relevant river system: Provided, That the Minister of Environment may directly order the builder of the relevant dam, etc. to take necessary measures if he/she has consulted in advance with the Mayor/Do Governor who is the river management agency. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018; Aug. 14, 2018> |
| (3) | The Minister of Environment or a river management agency shall, when issuing an order to take measures referred to in paragraph (2), notify the details thereof to the Director of the Central Disaster and Safety Countermeasures Headquarters under the Framework Act on the Management of Disasters and Safety. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| Article 42 Deleted. <Jan. 17, 2017> |
CHAPTER VI PRESERVATION AND MAINTENANCE OF RIVER ENVIRONMENT
| Article 43 (Use of Environmentally-Friendly Techniques) |
| (1) | A river management agency or any person other than the river management agency shall employ environmentally-friendly techniques in executing river works, etc. in accordance with Articles 27 through 30. |
| (2) | The Minister of Land, Infrastructure and Transport shall develop and disseminate methods necessary for environmentally-friendly techniques under paragraph (1) after consultation with the head of the relevant central administrative agency. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| Article 44 (Designation of Preservation Districts for Creation of Environmentally-Friendly Rivers) |
| (1) | If necessary for the preservation or restoration of river environment, etc. within a river area or for the use of a riverine space, a river management agency may designate a district for preservation, a district for restoration, and a hydrophilic district when establishing a basic river plan. |
| (2) | Matters necessary for the designation criteria and procedures for a district for preservation, a district for restoration, and a hydrophilic district under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 45 (Management of Preservation Districts) |
A river management agency may execute any project for preservation or restoration of river environment, etc. within any district for preservation or any district for restoration designated in accordance with Article 44 (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013>
| Article 46 (Prohibited Acts on Rivers) |
No person shall commit any of the following acts in a river in the absence of justifiable cause: <Amended on Jun. 9, 2020>
| 1. | Impounding flowing river water or altering its direction; |
| 2. | Damaging or threatening to damage river facilities; |
| 3. | Dumping soil, stones, tree debris, etc.; |
| 4. | Dumping any flotage or obstacles which may affect the direction of river flow; |
| 5. | Covering rivers: Provided, That the installation of a road bridge specified in a basic river plan shall be excluded; |
| 6. | Acts falling under any of the following, which are performed in an area designated and publicly notified by the Mayor/Do Governor, as prescribed by Presidential Decree, taking into account the purposes of use, water quality situation, etc.: |
| (a) | Camping out or cooking; |
| (b) | Fishing which contaminates rivers by using paste baits, fish meal, etc. for fishing baits; |
| 7. | Such other acts creating disturbance to river flow or causing contamination of river as are prescribed by Presidential Decree. |
| Article 47 (Prohibition on Use of River) |
| (1) | If a river management agency deems it necessary to do so after taking into account river works, the preservation of rivers, a river environment, etc., it may prohibit or restrict the use of a river by specifying sections to which such prohibition or restriction is applicable, as prescribed by Presidential Decree. |
| (2) | Where a river management agency intends to prohibit or restrict the use of a river pursuant to paragraph (1), it shall erect a signboard, specifying the objects, section, period and reasons therefor, and make a public notice thereof. The same shall also apply to any changes or cancellation. |
| Article 48 (Duty of Restoration) |
| (1) | Any person who occupies or uses a river pursuant to Article 30 or 33 or who uses river water pursuant to Article 50 shall restore the river to its original condition when his/her permission expires or he/she ceases to occupy or use the river: Provided, That where it is deemed impossible or unnecessary to restore it, a river management agency may exempt him/her from such duty upon the application of the permit holder or ex officio. |
| (2) | Where an application is made by the permit holder pursuant to the proviso to paragraph (1), the river management agency shall notify as to whether an exemption is granted within 15 days from the date of receiving the application. |
| (3) | Where the duty of restoration is exempted pursuant to the proviso to paragraph (1), the river management agency may nationalize or communalize such structures or other items without consideration. |
| (4) | A river management agency may ensure that an amount equivalent to the expenses to be incurred in the restoration is deposited with the river management agency where such is deemed necessary to guarantee the fulfillment of the duty of restoration referred to in paragraph (1), as prescribed by Presidential Decree. |
CHAPTER VII USE OF RIVER WATER AND MEDIATION IN DISPUTES
| Article 49 (Principles of Use and Distribution of River Water) |
| (1) | River water shall be used in ways not infringing other's rights and public interest, and not hindering the management of water, and shall be distributed in ways that all nationals may enjoy the benefits thereof. |
| (2) | The order of priorities in water distribution in cases falling under Article 53 (1) 2 shall be prescribed by Presidential Decree. |
| Article 50 (Use Permits for River Water) |
| (1) | A person who intends to use river water for the purposes of daily life, industry, agriculture, environmental improvement, generation of electric power, ship transportation, etc., shall obtain permission from the Minister of Environment, as prescribed by Presidential Decree. The same shall also apply where a person intends to make changes to permitted matters determined as important by Presidential Decree. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (2) | The Minister of Environment shall, on granting permission referred to in paragraph (1), promptly notify the details thereof to the Mayor/Do Governor having jurisdiction over the relevant area. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (3) | The Minister of Environment may not grant permission under paragraph (1) or may restrict the volume of river water to be collected in any of the following cases: <Amended on Apr. 1, 2009; Apr. 14, 2011; Mar. 23, 2013; Jun. 8, 2018> |
| 1. | Where it is feared that the relevant act may contaminate river water or reduce the quantity of flowing water and cause harm to the natural ecosystem; |
| 2. | Where it is feared that the relevant act may cause harm to public interest, including a hindrance to the adequate management of river water, urban/Gun management plans and other public projects; |
| 3. | Where it is feared that the collection of river water may cause harm to the safety of facilities in neighboring areas; |
| 4. | Other cases deemed necessary for the preservation of river water, which are prescribed by Presidential Decree. |
| (4) | The effective period of permission and matters necessary for detailed criteria, etc. in accordance with paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (5) | The Mayor/Do Governor may charge fees on any person who has obtained permission for the use of river water in accordance with paragraph (1). |
| (6) | Where any person collects groundwater near a river, a river management agency may charge him/her river water usage fees under paragraph (5) insofar as such act is deemed to affect the water quantity of river according to the result of an impact assessment under Article 7 of the Groundwater Act. |
| (7) | Article 30 (10) shall apply mutatis mutandis to cases where permitted matters under paragraph (1) overlap with or are related to permitted matters under Article 30 (1) or 33 (1). <Amended on Dec. 22, 2020> |
| (8) | Articles 34 and 35 shall apply mutatis mutandis to the protection of vested river users and indemnification. |
| (9) | Article 37 (3) through (5) shall apply mutatis mutandis to the collection, exemption, and reduction of fees for using river water pursuant to paragraphs (5) and (6). |
| Article 50-2 (Report on Temporary Use of River Water) |
| (1) | A person who intends to use river water for purposes of temporary work, subject to use permits for river water under Article 50, such as fire-fighting, cleaning, removal of fugitive dust, and supply of agricultural water in times of drought, may use river water after reporting thereon in advance to the Minister of Environment. The same shall apply to any proposed amendment to such important matters as prescribed by Presidential Decree under Article 50 (1) from among the reported matters. <Amended on Jun. 8, 2018> |
| (2) | The Minister of Environment shall notify a reporting person of whether to receive a report or report on changes within five days from the date of receipt of such report under paragraph (1). <Newly Inserted on Dec. 22, 2020> |
| (3) | If the Minister of Environment fails to notify a person who has filed a report of whether or not to accept such report or of the extension of the handling period thereof under statutes and regulations concerning the handling of civil petitions, within the relevant period specified in paragraph (2), the report shall be deemed accepted on the day following the end of the period (referring to the extended or re-extended period if the handling period is extended or re-extended under the statutes and regulations concerning the handling of civil petitions). <Newly Inserted on Dec. 22, 2020> |
| (4) | In cases falling under any subparagraph of Article 50 (3), the Minister of Environment may take necessary measures, such as limitation on the quantity and period of water intake, adjustment of the point of water intake, suspension of use, etc. <Amended on Jun. 8, 2018; Dec. 22, 2020> |
| (5) | Article 50 (2) shall apply mutatis mutandis to the matters reported under paragraph (1), Article 50 (5) and (9) shall apply mutatis mutandis to the collection and reduction or exemption, and Article 50 (8) shall apply mutatis mutandis to the protection of vested river users and indemnification. <Amended on Dec. 22, 2020> |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 51 (Instream Flow) |
| (1) | The Minister of Environment shall determine the minimum flow required to maintain normal functions and state of rivers (hereinafter referred to as "instream flow") and issue a notice thereof by considering the use of river water for daily life, industry, agriculture, environmental improvement, generation of electric power, ship transportation, etc. under Article 50 (1) after deliberation by the National Water Resources Management Committee. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017; Jun. 8, 2018> |
| (2) | The Minister of Environment shall select a main point that can represent the status of flowing river water (hereinafter referred to as "datum point") for each river and determine instream flows. . <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (3) | The Minister of Environment and a river management agency shall endeavor to secure instream flows. <Amended on Jun. 8, 2018> |
| (4) | Matters necessary for selecting a datum point and calculating the instream flows referred to in paragraph (2) shall be prescribed by Presidential Decree. |
| Article 52 (Use and Management of River Water) |
| (1) | Any user of river water prescribed by Presidential Decree shall install measuring instruments, which can measure the usage of river water, and record and keep matters determined by Ordinance of the Ministry of Environment. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (2) | The Ministry of Environment shall, where it is necessary for river management, have any person who operates and manages public sewerage in accordance with Article 19 (1) of the Sewerage Act submit data on the quantity of water discharging into rivers. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (3) | Any user of river water referred to in paragraph (1) shall notify his/her usage plan and the actual usage to the Minister of Environment. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (4) | Matters necessary for the installation of measuring instruments referred to in paragraph (1), the submission of data on the quantity of water discharging into rivers referred to in paragraph (2), and the notice, etc. on use plan and the amount of flowing river water actually used referred to in paragraph (3) shall be determined by Ordinance of the Ministry of Environment. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (5) | The Ministry of Environment shall appraise the usage results under paragraph (3) and utilize them for adjusting the use of river water under Article 53. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| Article 53 (Adjustment in Use of River Water) |
| (1) | If the state of river water falls under any of following subparagraphs and thereby impedes the appropriate management of river water, the Minister of Environment may restrict use by river water users or take necessary measures, including the adjustment of the quantity permitted under Article 50: <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| 1. | Where it is difficult to secure instream flows at the datum points; |
| 2. | Where it is feared that the public interest may be harmed due to a prolonged drought, etc. if an adjustment is not made to the quantity of water permitted to be used; |
| 3. | Where the user of river water has not used it within the effective period or used it short of the permitted quantity by rates prescribed by Ordinance of the Ministry of Environment; |
| 4. | Other cases in which the permitted river water has become difficult to be used. |
| (2) | The Minister of Environment shall, when intending to make a quantity adjustment pursuant to paragraph (1) (excluding cases falling under paragraph (1) 3), undergo deliberation by the National Water Resources Management Committee. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017; Mar. 21, 2017; Jun. 8, 2018> |
| (3) | The Minister of Environment may, in order to reflect the opinions of residents, etc., establish and operate the River Water Adjustment Council before making a quantity adjustment pursuant to paragraph (1), as prescribed by Presidential Decree. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (4) | When making a quantity adjustment pursuant to paragraph (1), the Minister of Environment shall notify the fact to the person who has obtained permission for use of river water and the builder or manager of dam, etc. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018; Aug. 14, 2018> |
| Article 54 (Application for Mediation of Disputes over River Water) |
| (1) | Any of the following persons may, if a dispute over the use of river water arises, apply for mediation to the National Water Resources Management Committee, as prescribed by Presidential Decree: <Amended on Jan. 17, 2017; Aug. 14, 2018> |
| 1. | A builder or manager of dams, etc. referred to in Article 39; |
| 2. | A person who intends to obtain permission for use of river water pursuant to Article 50; |
| 4. | A local government which has an interest in the use of river water. |
| (2) | Notwithstanding paragraph (1), where the Ministry of Environment mediates the use of river water after deliberation by the National Water Resources Management Committee in accordance with Article 53, he/she shall not apply for mediation of a dispute over river water. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017; Jun. 8, 2018> |
| (3) | The National Water Resources Management Committee shall, on receipt of an application for mediation pursuant to paragraph (1), promptly notify the details thereof to the other party. <Amended on Jan. 17, 2017> |
| (4) | The other party who has received a notice pursuant to paragraph (3) shall attend the meeting of the National Water Resources Management Committee in the absence of special circumstances: Provided, That if he/she is unable to attend the meeting due to inevitable circumstances, he/she may submit opinions in writing. <Amended on Jan. 17, 2017; May 26, 2020> |
| (5) | The National Water Resources Management Committee shall review each application for mediation and prepare a proposal of mediation therefor within 90 days from the receipt of such application: Provided, That in case of inevitable circumstances, the period may be extended by a period of up to 60 days by resolution of the National Water Resources Management Committee. <Amended on Jan. 17, 2017> |
| (6) | The National Water Resources Management Committee shall, when the period is extended in accordance with the proviso to paragraph (5), notify the relevant parties of the details of such extension and grounds therefor, etc. <Amended on Jan. 17, 2017> |
| (7) | Where deemed necessary for dispute mediation, the National Water Resources Management Committee may have public officials from the Ministry of Environment inspect related documents or enter any related place of business to conduct investigations, and have any party or related expert attend the meetings of the National Water Resources Management Committee to state his/her opinions. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017; Jun. 8, 2018> |
| (8) | Public officials who have an access or investigate pursuant to paragraph (7) shall carry certificates indicating their authority and produce them to interested persons. |
| (9) | Perusal of the relevant documents, and matters necessary for entrance into relevant places of business and inspection thereof under paragraph (7) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| Article 55 (Refusal and Suspension of Mediation of Dispute over River Water) |
| (1) | The National Water Resources Management Committee may not mediate a dispute where the Committee is deemed inappropriate to mediate the dispute on the grounds of the nature of the dispute or where the mediation is deemed to have been applied for wrongful purposes. In such cases, it shall notify the applicant of the grounds therefor, etc. <Amended on Jan. 17, 2017> |
| (2) | Where either of the parties to a dispute refuses mediation, the National Water Resources Management Committee shall notify the other party in writing of the background of the mediation and grounds, etc. for refusal. <Amended on Jan. 17, 2017> |
| (3) | Where either of the parties files a lawsuit during a dispute mediation, the party may request the National Water Resources Management Committee to suspend the mediation. In such cases, the National Water Resources Management Committee shall promptly suspend the mediation. <Amended on Jan. 17, 2017> |
| Article 56 (Effect of Mediation of Dispute over River Water) |
| (1) | The National Water Resources Management Committee shall, on preparing a proposal of mediation, promptly produce it to each party. <Amended on Jan. 17, 2017> |
| (2) | Any party who has been provided with a proposal of mediation pursuant to paragraph (1) shall notify the National Water Resources Management Committee as to whether he/she accepts it within 15 days from the date of such production. <Amended on Jan. 17, 2017> |
| (3) | When each party accepts a proposal of mediation, the National Water Resources Management Committee shall promptly prepare a mediation protocol, and the chairperson of the National Water Resources Management Committee and each party shall have it signed and sealed. <Amended on Jan. 17, 2017> |
| (4) | When each party accepts a proposal of mediation, an agreement identical to the contents of the mediation protocol shall be deemed to have been reached between the parties. |
| Article 57 (Bearing Expenses of Medication of Dispute over River Water) |
| (1) | Expenses associated with an investigation and services for a dispute mediation shall be borne by the applicant: Provided, That where a mediation succeeds, they shall be borne equally by the parties in the absence of a special agreement. |
| (2) | The National Water Resources Management Committee may, if necessary, have parties deposit funds equivalent to the expenses referred to in paragraph (1), as prescribed by Presidential Decree. <Amended on Jan. 17, 2017> |
CHAPTER VIII RIVER EXPENSES AND REVENUES
| Article 58 (Scope of Expenses and Revenues) |
The scope of the expenses of river works, and maintenance and repair, etc. of rivers and the revenues arising from rivers under this Act shall be prescribed by Presidential Decree.
| Article 59 (Cost-Bearing Principles) |
Except as otherwise provided for in this Act or other statutes, river expenses shall be borne by the National Treasury for national rivers and by the relevant City/Do for local rivers: Provided, That the expenses incurred by a Mayor/Do Governor in the maintenance and repair of national rivers under the proviso to Article 27 (5) shall be borne by the relevant City/Do.
| Article 60 (Expenses for Vicarious Works) |
| (1) | Expenses for river works which the Minister of Land, Infrastructure and Transport executes, by proxy, pursuant to Article 28 and those for river works which the Minister of Land, Infrastructure and Transport have a Mayor/Do Governor or a government-funded institution execute, by proxy, shall be borne by the National Treasury. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (2) | Where a river management agency and management methods are separately prescribed under Article 9 (1) (including cases applied mutatis mutandis pursuant to Article 27 (9)), the costs to be borne and the cost-bearing ratio shall be as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Article 9 (2) shall apply mutatis mutandis to the determination of the costs and cost-bearing ratio. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (3) | Expenses incurred by a river management agency in connection with work that occupies and uses a river pursuant to Article 36 (1) shall be borne by the river occupant. |
| Article 61 (Expenses Borne by Local Governments) |
| (1) | The Minister of Land, Infrastructure and Transport may have any City/Do which benefits from relevant river works or maintenance and repair of the relevant river bear part of the river expenses to be borne by the State, as prescribed by Presidential Decree. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (2) | Where another City/Do benefits from river works or maintenance and repair of a river executed by a Mayor/Do Governor, the Minister of Land, Infrastructure and Transport may have another City/Do benefiting therefrom bear part of the expenses incurred thereby, as prescribed by Presidential Decree. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (3) | The Mayor/Do Governor who has been ordered to bear expenses pursuant to paragraphs (1) and (2) may, if there exists any Si/Gun/Gu (referring to autonomous Gu; hereinafter the same shall apply) which especially benefits from relevant river works or maintenance and repair of the relevant river, have the Si/Gun/Gu bear all or part of the expenses. |
| Article 62 (Bearing of Expenses by River Management Agencies for Dual-Use Structures) |
Part of the expenses incurred in the construction or maintenance and repair of other structures serving also as river facilities, which is executed by any person other than the river management agency, may be borne by the National Treasury or the City/Do bearing such expenses according to the classification referred to in Article 59 to the extent of its benefits.
| Article 63 (Expenses Incurred in Fulfilling Obligations) |
Expenses incurred in the fulfillment of obligations arising from this Act, an order or Municipal Ordinance issued under this Act or a disposition issued thereunder shall be borne by the person who have obligations thereunder, except as otherwise provided for in this Act.
| Article 64 (Expense Subsidization) |
The Minister of Land, Infrastructure and Transport may provide the City/Do with a subsidy in any of the following cases: <Amended on Apr. 1, 2009; Mar. 23, 2013>
| 1. | Maintenance and repair of national rivers; |
| 2. | River works prescribed by Presidential Decree; |
| 3. | Other matters prescribed by Presidential Decree. |
| Article 65 (Title to Charges) |
| (1) | Charges on river expenses shall go to the National Treasury if the Minister of Land, Infrastructure and Transport has levied such charges and shall go to the City/Do treasury if the Mayor/Do Governor has levied them: Provided, That charges referred to in Article 61 (2) and (3) shall go to the treasury of the City/Do that executes relevant river works or maintenance and repair of relevant river, whereas the charges referred to in Article 62 shall go to the manager of other structures. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (2) | Occupation fees, usage fees, etc. collected pursuant to Articles 37 and 50 (5) shall go to the City/Do treasury, and other river revenues shall go to the National Treasury for national rivers and shall go to the City/Do treasury for local rivers. |
| Article 66 (Restrictions on Use of Receipts) |
Any local government shall use charges, occupation fees, fees and indemnifications derived from rivers, receipts arising from sites for desolate rivers transferred pursuant to Article 85, and other revenues to cover expenses incurred in the maintenance and repair of a river according to the standards prescribed by Presidential Decree.
| Article 67 (Compulsory Collection of Charges) |
| (1) | Where a person liable to pay charges, occupation fees, fees, indemnifications, or other money due arising from this Act, and an order or Municipal Ordinance issued under this Act or a disposition thereunder fails to pay them, additional dues shall be collected. |
| (3) | Where a person liable to pay charges, occupation fees, fees, indemnifications, or other money due fails to pay them by the due date, they shall be collected in the same manner as delinquent national or local taxes are collected. |
| Article 68 (Refund of Erroneously Paid Charges) |
Where a river management agency or the Minister of Environment refunds erroneously paid charges, occupation fees, usage fees, indemnifications, or other money due, it shall refund them along with interest prescribed by Presidential Decree for the period from the date following that of erroneous payment (in cases of installment payment, referring to the date of last payment) to the refund date. <Amended on Jun. 8, 2018>
| Article 69 (Disposition against Violators of Statutes or Regulations) |
| (1) | The Minister of Environment or a river management agency (referring to the Mayor/Do Governor in the cases of imposing a disposition, etc. on committing prohibited acts under subparagraph 6 of Article 46; hereafter the same shall apply in subparagraph 10 of Article 95) may cancel or change permission or approval granted under this Act, suspend its validity, suspend works or other acts, order a disposition to reconstruct, alter, relocate or remove any structures or items, or take other necessary measures in any of the following cases: <Amended on Jan. 19, 2016; Jun. 8, 2018; Jun. 9, 2020> |
| 1. | Where Article 6, 14, 30, 33, 38, 43, 46 through 48, 50, 52, or 53 is violated, or an order or a disposition under any of the said Articles is violated; |
| 2. | Where permission or approval referred to in this Act is obtained by fraud or other illegal means; |
| 3. | Where any permission, authorization or other disposition, which is required to implement a project with permission or approval under this Act, is not obtained, or cancelled or nullified after its grant; |
| 4. | Where all or part of any work or other act related to permission or approval or of any project related thereto is discontinued. |
| (2) | When imposing dispositions, etc. under paragraph (1), the Minister of Land, Infrastructure and Transport or the Minister of Environment shall immediately notify the Mayor/Do Governor who has jurisdiction over the relevant area thereof. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| Article 70 (Dispositions for Public Interest) |
| (1) | A river management agency or the Minister of Environment may impose dispositions or order measures under Article 69 (1) against a person who has obtained permission or approval under this Act in any of the following cases: <Amended on Jun. 8, 2018; Aug. 14, 2018> |
| 1. | Where it is inevitable due to shortages of river water or changes in river conditions; |
| 2. | Where it is necessary to eliminate or reduce damage to public interests such as river conservation and prevention of disasters; |
| 3. | Where it is necessary to execute any river work; |
| 4. | Where it is necessary for public projects under Article 4 of the Act on Acquisition of and Compensation for Land for Public Works Projects. |
| (2) | When imposing dispositions, etc. under paragraph (1), the Minister of Land, Infrastructure and Transport or the Minister of Environment shall immediately notify the Mayor/Do Governor who has jurisdiction over the relevant area thereof. <Amended on Apr. 1, 2009; Mar. 23, 2013; No. 15624, Jun. 8, 2018> |
| Article 71 (Supervision over River Management Agencies) |
| (1) | The Minister of Land, Infrastructure and Transport may cancel or change any disposition imposed by a river management agency, or order measures necessary for the suspension or change of the relevant work or the maintenance or repair of the river in any of the following cases: <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| 1. | Where any disposition or work performed by the river management agency violates this Act or an order or a disposition imposed thereunder; |
| 2. | Where it is deemed necessary to preserve rivers, eliminate or prevent pollution therein. |
| (2) | The Minister of Land, Infrastructure and Transport may request a river management agency to make a report on necessary matters or submit data, etc. if deemed necessary for the effective performance of his/her duties under this Act. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| Article 72 (River Managers) |
| (1) | A Do Governor or the Minister of Land, Infrastructure and Transport may appoint river managers from among public officials under his/her jurisdiction where it is necessary to maintain and monitor a river or to ensure the safety of a river. <Amended on Aug. 14, 2018> |
| (2) | The river manger may order any of the following persons to suspend the work, or perform such measures as may be necessary to prevent harm that might be caused by the relevant structures or goods, including reconstruction, relocation and removal of structures or other goods: |
| 1. | Any person who violates Article 30, 33, 38, 46 through 48, or 50; |
| 2. | Any person who violates any disposition under Articles 69 and 70. |
| (3) | Any person, when intending to order the suspension of works or take measures for monitoring a river or ensuring the safety of a river under paragraph (2), shall carry a certificate indicating his/her authority and produce it to interested persons. |
| (4) | Matters necessary for certificates under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (5) | Notwithstanding paragraph (2), where a river manager is negligent in taking measures under paragraph (2), the Minister of Land, Infrastructure and Transport or the Minister of Environment may order a Mayor/Do Governor to take measures thoroughly within a fixed period of time, and if such order fails to be executed within the period, he/she may directly take necessary measures. <Newly Inserted on Mar. 21, 2017; Jun. 8, 2018> |
| Article 73 (Special Cases in Application of Vicarious Administrative Execution) |
| (1) | Where urgent measures are required to prevent flood damage, etc., a river management agency may, if following the procedures stipulated in Article 3 (1) and (2) of the Administrative Vicarious Execution Act makes it hard to attain such goals, remove occupying objects and take other necessary measures without undergoing such procedures. |
| (2) | The removal of occupying objects and other necessary measures under paragraph (1) shall be limited to the minimum necessary to manage the relevant river. |
| (3) | Matters necessary for the storage and handling of occupying objects that have been removed through the vicarious execution referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 74 (Inspection of River Management Status) |
| (1) | A river management agent shall take measures necessary for the maintenance and repair of river facilities and tort remedy, etc. after inspecting the management status of river facilities and the occupation status of the river. |
| (2) | Matters concerning the contents and methods of the inspections referred to in paragraph (1) and the notification of the result of the measures taken with respect to inspected matters, etc. shall be prescribed by Presidential Decree. |
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 75 (Entry into Others' Land) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Environment, a river management agency, any person who has been ordered, commissioned, or entrusted by the Minister of Land, Infrastructure and Transport, the Minister of Environment or a river management agency, or any person who has performed river works by proxy for the Minister of Land, Infrastructure and Transport or a river management agency may enter or temporarily use other's land that is not for any special purpose as a materials yard, a passage or a temporary road if it is necessary for river works, research and survey on rivers, or other river management, and may, if inevitable, alter or remove bamboo, earth, rocks, or other obstacles. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 17, 2017; Jun. 8, 2018> |
| (2) | Any person who intends to enter other's land pursuant to paragraph (1) shall notify the date and place to the owner, possessor or manager of the land at least three days prior to the date of such entry. |
| (3) | Any person who intends to temporarily use other's land as a materials yard, a passage or a temporary road or alter or remove bamboo, earth, rocks, or other obstacles shall obtain the consent of its owner, possessor or manager in advance: Provided, That where he/she does not know the owner, possessor or manager's address or place of residence or cannot obtain consent therefrom, he/she shall obtain permission from the head of the competent Si/Gun/Gu. |
| (4) | No person shall, before sunrise and after sunset, enter any curtilage or other's land surrounded by fence or a wall without the approval of the land's possessor. |
| (5) | Any person who intends to enter other's land pursuant to paragraph (1) shall carry a certificate indicating his/her authority and produce it to interested persons. |
| (6) | Matters necessary for certificates referred to in paragraph (5) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| Article 76 (Indemnification Resulting from Public Charges) |
| (1) | Where any person suffers loss due to a disposition or restrictions referred to in Article 75 or any person suffers loss due to any river works performed by the river management agency, such loss incurred from any disposition or construction work performed by the Minister of Land, Infrastructure and Transport or the Minister of Environment shall be compensated for out of the National Treasury, while such loss incurred from any disposition or works performed by the Mayor/Do Governor shall be compensated for by the relevant City/Do. <Amended on Apr. 1, 2009; Mar. 23, 2013; Aug. 11, 2015; Jan. 17, 2017; Jun. 8, 2018> |
| (2) | The Minister of Land, Infrastructure and Transport, the Minister of Environment or the Mayor/Do Governor shall consult with any person who has suffered loss in compensating for the losses referred to in paragraph (1). <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018; Jun. 9, 2020> |
| (3) | Where an agreement referred to in paragraph (2) is not or cannot be reached, an application for ruling may be filed with the competent land expropriation commission, as prescribed by Presidential Decree. |
| (4) | Except as otherwise provided for in this Act in compensating for loss pursuant to paragraphs (1) through (3), the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis thereto. <Amended on Jun. 9, 2020> |
| Article 77 (Indemnification Resulting from Supervisory Dispositions) |
| (1) | Article 76 shall apply mutatis mutandis to indemnification arising out of any disposition imposed by a river management agency or the Minister of Environment under Article 70, loss incurred due to any disposition by the Minister of Land, Infrastructure and Transport under Article 71, or loss incurred from the revocation of or changes in such disposition by a river management agency or the Minister of Environment following the orders of the Minister of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (2) | In the case of paragraph (1), if such loss is caused by any disposition referred to in Article 70 (1) 2 and 4, a river management agency may have a person who bears the expenses for the works or projects compensate for all or part of the loss. <Amended on Jun. 8, 2018> |
| Article 78 (Expropriation and Use of Land) |
| 1. | A river management agency that performs river works in accordance with Article 27; |
| 2. | Any person who performs any river works, by proxy, in accordance with Article 28; |
| 3. | Any person, other than a river management agency, which obtains permission for performing any river works in accordance with Article 30 (limited to any administrative agency, any government-funded institution, or any local public corporation); |
| 4. | Deleted. <Jan. 17, 2017> |
| (2) | Except as otherwise provided for in this Act, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the expropriation and use of land, objects or rights under paragraph (1). <Amended on Jan. 19, 2016> |
| (3) | In any of the following cases in applying mutatis mutandis the Act on Acquisition of and Compensation for Land for Public Works Projects pursuant to paragraph (2), it shall be deemed that recognition of a project and a notice of such recognition referred to in Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects is granted and issued, and an application for ruling shall, notwithstanding Articles 23 (1) and 28 (1) of the said Act, be made during the period of the project for relevant river works: <Amended on Jan. 17, 2017; Jun. 9, 2020> |
| 1. | Where a river works execution plan is established or issued notice of pursuant to Article 27; |
| 2. | Where an implementation plan of river works is established or issued notice of pursuant to Article 30; |
| 3. | Deleted. <Jan. 17, 2017> |
[Title Amended on Jan. 19, 2016]
| Article 79 (Requests for Purchase of Land) |
| (1) | If a determination of or a change to a river area (excluding river areas of local rivers) has made it impossible to use land, building, and other objects fixed on the land (hereinafter referred to as “land, etc.”) inside the area for its originally intended purposes and thereby resulting in a significant decline in the usefulness of the land, etc. or making it practically impossible to use or benefit from the land, etc., the owner of the land, etc. located in the river area (hereinafter referred to as "land, etc. subject to purchase") may request the river management agency for the purchase of the land, etc. if he/she falls under any of the following: <Amended on Jan. 19, 2016; Jun. 9, 2020> |
| 1. | A person who has continuously owned the relevant land, etc. from the time of the determination (referring to April 7, 2008 in the cases of determining river areas under items (a) through (c) of Article 2 (1) 2 of the amended River Act (Act No. 5893) as river areas under this Act) or change of the river area; |
| 2. | A person who has acquired and continuously owned the relevant land, etc. since before the time the use of or benefit from the land, etc. became practically impossible; |
| 3. | Deleted; <Jan. 19, 2016> |
| 4. | A person who has continuously owned the land, etc. after inheriting it from any person falling under subparagraph 1 or 2. |
| (2) | Where the land, etc. requested to be purchased pursuant to paragraph (1) meets the standards prescribed in paragraph (3), a river management agency shall purchase the land, etc. <Newly Inserted on Jan. 19, 2016> |
| (3) | Detailed criteria for determining the land, etc. that has suffered a significant decline in its usefulness or that has been made practically impossible to be used or benefited from since it cannot be used for its originally intended purposes as stipulated in paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jan. 19, 2016> |
[Title Amended on Jan. 19, 2016]
| Article 80 (Procedures for Request for Purchase) |
| (1) | A river management agency shall, upon receiving a request for the purchase of land, etc. pursuant to Article 79 (1), notify the requester of whether the land is subject to purchase and the estimated purchase price, etc. within six months from the date of such request. <Amended on Jan. 19, 2016> |
| (2) | When a river management agency serves a notice on the requester that his/her land, etc. is subject to purchase in accordance with paragraph (1), it shall establish a purchase plan and purchase such land, etc. within the period of up to five years from the date of notice as prescribed by Presidential Decree. <Amended on Jan. 19, 2016> |
| (4) | The land, etc. purchased under paragraphs (1) through (3) shall revert to the State. <Amended on Jan. 19, 2016> |
| (5) | When the land, etc. is purchased under paragraphs (1) through (3), the procedures for purchasing such land and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 19, 2016> |
| Article 81 (Expenses Related to Land Requested To Be Purchased) |
| (1) | A river management agency shall bear expenses incurred in the appraisal of a property which is necessary for the calculation of a purchase price. <Amended on Jan. 19, 2016> |
| (2) | A river management agency may, notwithstanding paragraph (1), where a request for purchase is withdrawn without justifiable grounds, have the requester for purchase bear all or part of the expenses incurred in the appraisal of the property as prescribed by Presidential Decree: Provided, That this shall not apply to cases falling under any of the following: <Amended on Jan. 19, 2016> |
| 1. | Where the purchase price falls from the expected purchase price by a rate greater than that prescribed by Presidential Decree; |
| 2. | Where the grounds for request for purchase cease to exist due to amendment, repeal, etc. of statutes or regulations. |
| (3) | Where a requester for purchase fails to pay the expenses that shall be borne by himself/herself in accordance with the main sentence of paragraph (2), it shall be collected in the same manner as delinquent national taxes are collected. |
[Title Amended on Jan. 19, 2016]
| Article 82 (Delegation or Entrustment of Loss Compensation Affairs) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate his/her duties relating to indemnification arising from river works and those relating to the request for purchase of land, etc. to the head of the competent local government, or entrust them to the head of a government-funded institution prescribed by Presidential Decree, as prescribed by Presidential Decree. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 19, 2016; Jan. 17, 2017> |
| (2) | Where the Minister of Land, Infrastructure and Transport delegates or entrusts affairs relating to indemnification or requesting purchase of land under paragraph (1), he/she shall pay the fees at a rate prescribed by Presidential Decree within the limit of 2/100 of the indemnification amount and purchase price to the head of the local government or the head of the government-funded institution to whom the relevant affairs have been delegated or entrusted. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (1) | A river management agency shall post and manage a sign at a location where such sign is deemed necessary to preserve the structure of the river, etc. |
| (2) | The kind and manner of display of the river sign and other necessary matters under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| Article 84 (Management of Desolate River Sites) |
| (1) | A river management agency shall, where any land (limited to national or communalized land; hereinafter referred to as "desolate river site, etc.") has been excluded from a river area on the grounds of a change to the flow path resulting from any river works, any flood or any other natural phenomenon, make a public notice thereof within three years from the creation of such desolate river site, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 9, 2020> |
| (2) | Desolate river sites, etc. created in accordance with paragraph (1) shall be preferentially used for controlling flooding and preserving the river environment, etc. |
| Article 85 (Exchange and Concession of Desolate River Sites) |
| (1) | When any desolate river site, etc. falls under each of the following requirements, a river management agency may exchange such desolate river site, etc. for other person's land which becomes a new river area or other person's land which has already been incorporated into a river area, or concede such desolate river site, etc. to the original owner of the property before it was incorporated into a river, any person who has performed the river works by proxy in accordance with Article 28, any person other than a river management agency that has performed the river works in accordance with Article 30 (1), or the competent Mayor/Do Governor according to the order and standards prescribed by Presidential Decree: |
| 1. | It no longer needs to be used for controlling flooding and preserving the river environment, etc.; |
| 2. | It no longer needs to be kept as a State or public property. |
| Article 86 (Expenses of Desolate River Sites) |
Any expenses incurred in or revenues from the exchange or concession of desolate river sites, etc. shall be paid out of or into the National Treasury if such exchange or concession is made by the Minister of Land, Infrastructure and Transport and be paid out of or into the City/Do's account if it is by the Mayor/Do Governor. <Amended on Apr. 1, 2009; Mar. 23, 2013>
| Article 87 Deleted. <Jan. 17, 2017> |
| Article 88 (Establishment of Association) |
| (1) | Persons engaged in river-related academic circles, research institutions, construction companies, service companies, etc., and other persons prescribed by Presidential Decree may establish an association for the purposes of research and survey of rivers and river environment, development of technology, education, public relations, and other activities necessary for the use and preservation of rivers. |
| (2) | The Association under paragraph (1) (hereinafter referred to as the "Association") shall be a body corporate. |
| (3) | The Association shall be established by effecting the registration of incorporation at the place in which its main office is located after obtaining authorization from the Minister of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (4) | The qualifications for members of the Association shall be prescribed by its articles of incorporation. |
| (5) | Matters to be entered in the articles of incorporation of the Association and matters necessary for the supervision thereof shall be prescribed by Presidential Decree. |
| (6) | Where the State or a local government entrusts its business to the Association, it may subsidize all or part of the expenses incurred in its performance of entrusted affairs within the budgetary limit. |
| (7) | Except as otherwise provided for in this Act, provisions governing corporations referred to in the Civil Act shall apply mutatis mutandis with respect to the Association. |
| Article 89 Deleted. <Jan. 19, 2016> |
| Article 90 (Report and Entry) |
| (1) | A river management agency or the Minister of Environment may have any public officials under its jurisdiction enter the offices, places of business, or other necessary places of a person who has obtained permission or approval, and inspect the work progress, structures, design plans, other necessary things and documents to the extent necessary to have him/her make a report necessary for river maintenance or for it to exercise its competence under this Act. <Amended on Jun. 8, 2018> |
| (2) | Article 72 (3) and (4) shall apply mutatis mutandis to public officials who enter and inspect pursuant to paragraph (1). |
A river management agency or the Minister of Environment shall hold a hearing to cancel permission or approval under this Act, pursuant to Articles 69 and 70. <Amended on Jun. 8, 2018>
| Article 92 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport or the Minister of Environment may delegate part of his/her authority under this Act to a Mayor/Do Governor or the heads of agencies under his/her jurisdiction, as prescribed by Presidential Decree. <Amended on Apr. 1, 2009; Mar. 23, 2013; Jun. 8, 2018> |
| (2) | The Mayor/Do Governor may re-delegate part of his/her authority delegated under paragraph (1) to the head of a Si/Gun/Gu upon approval by the Minister of Land, Infrastructure and Transport. <Amended on Apr. 1, 2009; Mar. 23, 2013> |
| (3) | The following duties, among the duties of the Minister of Land, Infrastructure and Transport under this Act, may be entrusted to any agency or organization related to rivers, as prescribed by Presidential Decree: <Amended on Apr. 1, 2009; Jan. 17, 2012; Mar. 23, 2013; Jan. 17, 2017; Aug. 14, 2018> |
| 1. | Deleted; <Jan. 17, 2017> |
| 2. | Deleted; <Jan. 17, 2017> |
| 3. | Deleted; <Jan. 17, 2017> |
| 4. | Deleted; <Jan. 17, 2017> |
| 5. | Deleted; <Jan. 17, 2017> |
| 6. | Informatization of river management data referred to in Article 22; |
| 6-2. | Maintenance and repair of facilities and sections of national rivers carried out by the Minister of Land, Infrastructure and Transport pursuant to Article 27 (5); |
| 7. | Deleted; <Jan. 17, 2017> |
| 8. | Education and training of persons engaged in the examination on river bed changes for such examination under Article 21-2. |
| (4) | Deleted. <Jan. 19, 2016> |
| Article 92-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted on Jan. 19, 2016]
CHAPTER XI PENALTY PROVISIONS
| Article 93 (Penalty Provisions) |
A person who causes public damage or creates obstacles to water control by relocating or destroying river facilities without justifiable grounds shall be punished by imprisonment for up to 10 years, or by a fine of up to 100 million won. <Amended on Jan. 6, 2015>
| Article 94 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for up to five years, or by a fine of up to 20 million won: <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 6, 2015; Jun. 8, 2018>
| 1. | A person who fails to implement an order to take measures issued by the Minister of Environment under Article 14 (5); |
| 2. | A person who collects soil, stone, sand, and gravel or has another person do so in violation of Article 33 (1) 5; |
| 3. | A person who fails to install facilities referred to in Article 39 (1). |
| Article 95 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Jan. 6, 2015; Jun. 9, 2020>
| 1. | A person who commences operation of river facilities without obtaining approval under management regulations referred to in Article 14 (2); |
| 2. | Deleted; <Jan. 17, 2017> |
| 3. | A person who performs river works, maintenance or repair of rivers without obtaining permission, in violation of the main sentence of Article 30 (1); |
| 4. | A person who obtains permission referred to in the main sentence of Article 30 (1), Article 33 (1), or 50 (1) by fraud or other illegal means; |
| 5. | A person who occupies and uses any river without obtaining permission, in violation of Article 33 (1) (excluding subparagraph 5); |
| 6. | A person who fails to assign any management engineer referred to in Article 39 (2); |
| 7. | Deleted; <Jan. 17, 2017> |
| 8. | A person who commits a prohibited act on rivers, in violation of Article 46 (excluding subparagraphs 6 and 7); |
| 9. | A person who uses river water without obtaining permission, in violation of Article 50 (1); |
| 10. | A person who violates any order issued by a river management agency referred to in Article 69 or 70. |
| Article 96 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for up to one year, or by a fine of up to 10 million won: <Amended on Apr. 1, 2009; Mar. 23, 2013; Jan. 6, 2015; Feb. 21, 2018; Jun. 8, 2018>
| 1. | A person who leases or subleases to another person any land or facilities he/she is occupying and using after obtaining permission for occupation and use thereof, without approval from the river management agency under Article 33 (5); |
| 2. | A person who performs any act falling under any subparagraph of Article 38 (1) without obtaining permission pursuant to the main sentence of Article 38 (1); |
| 3. | A person who obtains permission referred to in Article 38 (1) or the proviso to Article 75 (3) by fraud or other illegal means; |
| 4. | A person who violates any order issued by the Minister of Environment or a river management agency referred to in Article 41 (2); |
| 5. | A person who uses a river, in violation of any prohibition of or restriction on the use of rivers referred to in Article 47 (1); |
| 6. | A person who violates an order issued by a river manager referred to in Article 72 (2); |
| 7. | Deleted; <Apr. 1, 2009> |
| 8. | A person who commits an act referred to in the main sentence of Article 75 (3) without permission from the head of the competent Si/Gun/Gu. |
| Article 97 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent, an employee or other servant of a corporation or an individual commits an offence under Articles 93 through 96 in connection with the business of the corporation or the individual, in addition to the punishment of the offender, such corporation or individual shall be punished by a fine under each relevant Article: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence, the same shall not apply.
| Article 98 (Administrative Fines) |
| (1) | A person who enters other person's land without having given a notice, in violation of Article 75 (2), shall be punished by an administrative fine of up to five million won. |
| (2) | A person who performs a prohibited act on any river, in violation of subparagraphs 6 and 7 of Article 46 shall be punished by an administrative fine of up to three million won. |
| (3) | Any of the following persons shall be punished by an administrative fine of up to one million won: |
| 1. | A person who fails to report, in violation of Article 5 (2); |
| 2. | Deleted; <Jan. 17, 2017> |
| 3. | A person who fails to prepare and keep records on the management and hydrology of dams, etc. or refuses to submit such records or submits false records, in violation of Article 39 (3); |
| 4. | Deleted; <Jan. 17, 2017> |
| 5. | A person who fails to record and maintain the quantity of river water used, in violation of Article 52 (1), refuses to submit data on the quantity of water discharged pursuant to paragraph (2) of the same Article or submits false data, or fails to notify the use plan or the actual usage of river water, in violation of paragraph (3) of the same Article or notifies false data; |
| 6. | A person who refuses or interferes with an entry into or temporary use of land, or the alteration or removal of bamboos, earth, rocks, or other obstacles, as referred to in Article 75 (1), without justifiable grounds; |
| 7. | A person who fails to make a report or makes a false report or interferes with or evades an inspection referred to in Article 90 (1). |
| (4) | Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, the Minister of Environment or the river management agency (referring to the Mayor/Do Governor in cases of imposing and collecting administrative fines for committing prohibited acts under subparagraph 6 of Article 46, from among the provisions of paragraph (2), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jan. 19, 2016; Jun. 8, 2018> |
[This Article Wholly Amended on Apr. 1, 2009]
ADDENDA <Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Reversion of River and Compensation therefor)
| (1) | The reversion of, and compensation for national rivers and class-I local rivers which have been nationalized in accordance with the previous provisions as at the time this Act enters into force shall be governed by the previous provisions. |
| (2) | Notwithstanding paragraph (1), the land registered as private land on a register, which has been incorporated into a river area under Article 4 of the River Act (Act No. 892), Article 3 of the amended River Act (Act No. 2292), and Article 3 of the amended River Act (Act No. 5893), as at the time this Act enters into force, but the compensation therefor has not been performed, but is excluded from a river area shall not be deemed national land. |
Article 3 (Transitional Measures concerning Designation, etc. of National and Local Rivers)
National rivers as at the time this Act enters into force shall be deemed national rivers under this Act, the class-I and class-II local rivers as at the time this Act enters into force shall be deemed local rivers under this Act, and river areas as at the time this Act enters into force shall be deemed river areas under this Act.
Article 4 (Transitional Measures concerning River Facilities)
River appurtenances as at the time this Act enters into force shall be deemed river facilities under the amended provisions of subparagraph 3 of Article 2. Article 5 (Transitional Measures concerning Predetermined River Land)
The predetermined river land which has been designated as at the time this Act enters into force shall be deemed the predetermined river land under the amended provisions of Article 11. Article 6 (Transitional Measures concerning Designation of Flood Control Areas)
Coastal areas designated as such under the previous provisions as at the time this Act enters into force shall be deemed flood control areas under the amended provisions of Article 12. Article 7 (Transitional Measures for River Appurtenances Management Regulations)
River appurtenances management regulations under the previous provisions as at the time this Act enters into force shall be deemed management regulations for river facilities under the amended provisions of Article 14. Article 8 (Transitional Measures concerning Establishment of Long-term Comprehensive Water Resource Plans, etc.)
Long-term comprehensive water resource plans, water control plans for river basins, basic plans for river maintenance, emergency response plans for river appurtenances, and river maintenance execution plans shall be deemed long-term comprehensive water resource plans under the amended provisions of Article 23, comprehensive water control plans for river basins under the amended provisions of Article 24, basic river plans under the amended provisions of Article 25, emergency countermeasure plans of river facilities under the amended provisions of Article 26, and river works execution plans under the amended provisions of Article 27, respectively. Article 9 (Transitional Measures concerning Permission for Use of River Water)
Permission for occupation and use of rivers (limited to permission for occupation with the specified purpose of the use of flowing water) under the previous provisions as at the time this Act enters into force shall be deemed permission for use of river water under the amended provisions of Article 50. Article 10 (Transitional Measures concerning Mediation of Disputes over River Water)
With regard to application for the mediation of disputes over the use of flowing water filed with the local river management committee under the previous provisions of Article 41 as at the time this Act enters into force shall be mediated in accordance with the previous provisions by the local river management committee. Article 11 (Transitional Measures concerning River Managers)
River supervisors appointed under the previous provisions as at the time this Act enters into force shall be deemed river managers under the amended provisions of Article 72. Article 12 (Transitional Measures concerning River Signs)
River signs already erected as at the time this Act enters into force shall be deemed signs under the amended provisions of Article 83. Article 13 (Transitional Measures concerning Management of Desolate River Sites, etc.)
Notwithstanding Article 84 (1), public notice of desolate river sites, etc. created before this Act enters into force shall be made within three years from the date this Act enters into force. Article 14 (Transitional Measures concerning Composition of River Management Committee)
| (1) | The Minister of Land, Transport and Maritime Affairs and the Mayor/Do Governor shall establish the River Management Committee in accordance with the amended provisions of Article 87 after this Act enters into force. <Amended on Apr. 1, 2009> |
| (2) | The River Management Committee under the previous provisions shall perform the tasks of the River Management Committee until the latter is established under paragraph (1). |
Article 15 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and administrative fines to acts committed prior to this Act entering into force shall be governed by the previous provisions.
Article 16 Omitted.
Article 17 (Relation to Other Statutes or Regulations)
Where other statutes or regulations cite the previous River Act or the provisions of the previous River Act as at the time this Act enters into force, and if this Act includes such corresponding provisions, they shall be deemed to cite this Act or the corresponding provisions of this Act in lieu of the previous provisions.
ADDENDA <Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 (62) shall enter into force on April 7, 2008. Articles 2 through 14 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9605, Apr. 1, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The application of penalty provisions to acts committed before this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 11194, Jan. 17, 2012>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 4 of Article 2 and Article 9 (1) shall enter into force on July 1, 2012.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11931, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12994, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13084, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13493, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Predetermined River Land)
| (1) | A river management agency shall cancel a predetermined river land designated and publicly notified pursuant to the previous provisions of Article 11 as at the time this Act enters into force, or determine it as a river area, within six months after this Act enters into force. |
| (2) | A predetermined river land, which is cancelled or yet to be determined as a river area within the period set forth in paragraph (1), shall lose its effect of designation upon the expiration of the period under paragraph (1). |
ADDENDUM <Act No. 13689, Dec. 29, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13808, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on six months after the date of its promulgation.
Article 2 (Applicability to Expansion of Subject of Request for Purchase)
The amended provisions of Articles 79 through 82 shall also apply to buildings and other objects fixed on the land inside the river area for which the procedures for request for purchase are in progress at the time this Act enters into force. Article 3 (Applicability to Abolition of Permission Fees)
The amended provisions of Article 89 shall begin to apply to the first case of granting permission pursuant to Article 30, 33, 38, or 50 after this Act enters into force.
ADDENDA <Act No. 14544, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 14722, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 33 (8) and 34 shall enter into force six months after the date of the promulgation. Article 2 (Applicability to Permission for Occupation and Use for Installation of Small Structures)
The amended provisions of Article 33 (8) shall begin to apply to the first application filed to obtain permission for occupation and use for the purpose of installing small structures after the same amended provisions enter into force.
ADDENDA <Act No. 15405, Feb. 21, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 10 (4) shall enter into force on the date of the promulgation, whereas the amended provisions of Article 14 (4) six months after the date of the promulgation. Article 2 (Transitional Measures as to Lease or Sublease of Land or Facilities Located in River Areas)
Notwithstanding the amended provisions of Article 33 (5), the previous provisions shall apply to cases where a person has leased or subleased to another person any land or facilities he/she was using or occupying after obtaining permission therefor before this Act enters into force.
ADDENDA <Act No. 15624, Jun. 8, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the statutes amended in accordance with Article 4 of the Addenda, the amendments to the statutes, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective statutes.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 15684, Jun. 12, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15742, Aug. 14, 2018>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7 (2) 3 (d), Article 7 (2) 4, Article 38 (1) 3, Article 72 (1), and Article 92 (3) 8 shall enter into force six months after the date of the promulgation.
ADDENDA <Act No. 16057, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17732, Jun. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Report on Succession to Rights and Obligations or Report on Temporary Use of River Water and Report on Changes Thereof)
The amended provisions of Articles 5 (3) and (4), and 50-2 (2) and (3) shall begin to apply from the first case where a report on succession to rights and obligations or report on temporary use of river water and report on changes thereof is filed after this Act enters into force. Article 3 (Applicability to Authorization of Implementation Plan of River Works)
The amended provisions of Article 30 (6) (including cases applied mutatis mutandis pursuant to the amended provisions of Article 33 (9) and Article 38 (4)) shall begin to apply from the first application for authorization for implementation plan of river works or authorization for change therefor filed after this Act enter into force.