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FISHING VILLAGES AND FISHERY HARBORS ACT

Act No. 7571, May 31, 2005

Amended by Act No. 8338, Apr. 6, 2007

Act No. 8352, Apr. 11, 2007

Act No. 8370, Apr. 11, 2007

Act No. 8377, Apr. 11, 2007

Act No. 8733, Dec. 21, 2007

Act No. 8791, Dec. 21, 2007

Act No. 8791, Dec. 21, 2007

Act No. 8819, Dec. 27, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8974, Mar. 21, 2008

Act No. 8976, Mar. 21, 2008

Act No. 9276, Dec. 29, 2008

Act No. 9401, Jan. 30, 2009

Act No. 9626, Apr. 22, 2009

Act No. 9763, jun. 9, 2009

Act No. 10124, Mar. 17, 2010

Act No. 10272, Apr. 15, 2010

Act No. 10331, May 31, 2010

Act No. 10848, Jul. 14, 2011

Act No. 11432, May 23, 2012

Act No. 11503, Oct. 22, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12248, Jan. 14, 2014

Act No. 12543, Mar. 24, 2014

Act No. 12827, Oct. 15, 2014

Act No. 13383, jun. 22, 2015

Act No. 13385, jun. 22, 2015

Act No. 14244, May 29, 2016

Act No. 15133, Nov. 28, 2017

Act No. 15605, Apr. 17, 2018

Act No. 15917, Dec. 11, 2018

Act No. 16284, Jan. 15, 2019

Act No. 16568, Aug. 27, 2019

Act No. 16570, Aug. 27, 2019

Act No. 17007, Feb. 18, 2020

Act No. 17107, Mar. 24, 2020

Act No. 17171, Mar. 31, 2020

Act No. 17749, Dec. 22, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters concerning the comprehensive and systematic maintenance and development of fishing villages and matters concerning the designation, development, and management of fishery harbors, thereby strengthening the competitiveness of the fisheries industry and contributing to building pleasant fishing villages by improving the quality of life for residents of fishing villages and to enhancing the balanced development of the nation.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on May 23, 2012; Oct. 22, 2012; Mar. 23, 2013; Mar. 24, 2014; Jun. 22, 2015; Nov. 28, 2017; Aug. 27, 2019; Mar. 24, 2020>
1. The term “fishing village” means a fishing village as defined in subparagraph 6 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development;
2. The term "comprehensive fishing village development project" means each of the following projects for a fishing village:
(a) Projects to improve and expand production infrastructure for the fisheries industry, such as repair of coastal facilities, creation of fishery resources, and expansion of facilities for distributing or processing fishery products;
(b) Projects to improve the living environment necessary to improve the quality of life for residents in a fishing village and to promote their welfare and relevant projects incidental thereto;
(c) Projects implemented by optimizing the natural landscape of a fishing village, local specialties, or the unique customs of the region, in order to increase the income of residents of fishing villages and promote the local economy;
3. The term "fishery harbor" means any harbor with natural or artificial fishery facilities which serves as a major base for the fisheries industry and is designated and publicly notified under Article 17, and the types of fishery harbors shall be as follows:
(a) State-owned fishery harbor: A nationwide fishery harbor or a fishery harbor required for the development of fishery grounds (referring to fishing grounds defined in subparagraph 1 of Article 2 of the Fishing Ground Management Act; hereinafter the same shall apply) and evacuation of fishing vessels, as it is located on an insular area or remote area;
(b) Local fishery harbor: A local fishery harbor which serves as a main base for assistance for the coastal fishery;
(c) Fishery harbor located in a fishing village: A small-scale fishery harbor which serves as a main base for the livelihoods of people in a fishing village;
(d) Village joint-use fishery harbor: A small-scale fishery harbor or port used jointly by fishermen, which is not classified as a fishery harbor located in a fishing village;
4. The term "fishery harbor district" means any waters and land area in a fishery harbor;
5. The term "fishery harbor facility" means the following facilities inside a fishery harbor district and any facility falling under item (a) or (b) outside a fishery harbor district, designated and publicly notified by the Minister of Oceans and Fisheries, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) pursuant to Article 17:
(a) Basic facilities:
(i) Counter facilities, such as breakwaters, barriers for sand, inner breakwaters, coastal dykes, guide banks, lock gates, sluice gates, bulkheads, embankments, groins, and breast walls;
(ii) Berthing facilities, such as quaywalls, lighters wharfs, anchoring buoys, anchoring piles, floating piers, landing stages, docks, and slipways;
(iii) Water facilities, such as navigation routes, basins, and places for circling;
(b) Functional facilities:
(i) Transportation facilities, such as railroads, roads, bridges, parking lots, and heliports;
(ii) Auxiliary navigational facilities, such as beacons, and signalling or lighting facilities;
(iii) Fishing vessel or fishing gear protection facilities, such as places for building or repairing fishing vessels, places for making fishing gear, places for manufacturing or repairing fishing gear, vessel-hoists, open-air storage yards, and warehouses;
(iv) Distribution facilities, such as facilities for supplying water, ice, and oil, electricity supply facility, and places for distributing vessel products;
(v) Facilities for the distribution, sale, and storage of fishery products, such as fishery products markets, fishery product consignment stores, fishery products direct sales stores, places for unloading fishery products, and temporary holding tanks for live fish, and facilities for drawing into or draining sea water from these facilities;
(vi) Fishery product treatment or processing facilities, such as loading and unloading equipment, icing, freezing, refrigerating facilities, and fishery products processing factories;
(vii) Communications facilities for fishery purposes, such as land wireless telegraphic communications, telephone facilities, and fishery meteorological signalling facilities;
(viii) Public facilities related to maritime affairs and fisheries, such as fishery harbor management facilities, marine observatory facilities, and agencies for reporting the entry and exit of ships under the relevant statutes or regulations;
(ix) Fishery harbor decontamination facilities for the prevention of marine pollution, such as sewage disposal facilities, water supply facilities, and used oil and boat disposal facilities;
(x) Fisheries resources promotional facilities, such as fisheries seed production facilities and fisheries seed cultivation places;
(xi) Business facilities for operating and managing functional facilities;
(c) Fishery harbor convenience facilities:
(i) Welfare facilities, such as medical facilities, welfare centers, and athletic facilities;
(ii) Cultural facilities, such as exhibition halls, libraries, schooling halls, and concert halls;
(iii) Facilities to renovate the surroundings of fishery harbors, such as plazas and landscape facilities;
(iv) Recreational infrastructure facilities for the accommodation of cruise ships, fishing boats for angling, motor boats, yachts, and wind surfing;
(v) Tourism facilities, such as local specialty stores and raw fish restaurants;
(vi) Resting facilities, such as accommodation facilities, bathing facilities, and amusement facilities;
(vii) Other facilities for residents' convenience prescribed by Presidential Decree;
(d) Sites and waters to create facilities falling under items (a) through (c);
6. The term "fishery harbor development project" means the following projects implemented pursuant to a fishery harbor development plan referred to in Article 19:
(a) Basic fishery harbor project: New installation of comprehensive and basic fishery harbor facilities and projects incidental thereto, such as dredging or reclamation;
(b) Fishery harbor maintenance project: Modification, repair, reinforcement, relocation, and expansion of fishery harbor facilities, and projects incidental thereto, such as dredging or reclamation;
(c) Fishery harbor environmental improvement project: Cleanup of fishery harbors and improvement of the fishery harbor environment to invigorate fishing village tourism;
(d) Leisure and tourism infrastructure project: Installation, repair, etc. of recreational infrastructure facilities prescribed in subparagraph 5 (c) (iv) to support marine tourism;
7. The term "integrated information system of fishery harbors" means an electronic and information-oriented communication system established to systematically collect and manage statistical data, etc. of fishery harbors and to electronically deal with information management, civil petitions, etc. related to the formulation and implementation of polices on fishery harbors;
8. The term "waste" means scrapped fishing gear, garbage, combustible materials, sludge, used oil, waste acid, waste alkali, animal carcasses, etc., and any material ceasing to be useful in people's lives or business activities;
9. The term “regeneration of fishing villages and fishery harbors” means social, cultural, economic, and environmental revitalization of fishing villages and fishery harbors, through mutual linkage and integration, that are deteriorating due to depopulation, change of industrial structure, etc. by improving accessibility and settlement conditions, developing the industry of fisheries, tourism, etc. and strengthening community capacity;
10. The term “fishing village and fishery harbor regeneration project” means a project implemented according to a plan for fishing village and fishery harbor regeneration projects under Article 47-3 to regenerate fishing villages and fishery harbors.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 2-2 (Government Policies)
The State and local governments shall formulate policies necessary for the development and management of fishing villages and fishery harbors, the development of related technologies, and the promotion of related industries.
[This Article Newly Inserted on Mar. 24, 2014]
CHAPTER II BASIC PLANS FOR DEVELOPMENT OF FISHING VILLAGES AND FISHERY HARBORS
 Article 3 (Basic Surveys, etc.)
(1) The Minister of Oceans and Fisheries shall conduct a basic survey of fishing villages and fishery harbors, such as the distribution of fishing villages and development of demographic changes thereof, changes in living conditions in fishing villages, changing traffic environment in fishing villages, changes in fishery harbor facilities, etc., in order to facilitate the efficient implementation of policies designed for the development of fishing villages and fishery harbors. <Amended on Mar. 23, 2013; Dec. 22, 2020>
(2) The Minister of Oceans and Fisheries may, if deemed necessary to formulate a basic plan for the development of fishing villages and fishery harbors under Article 4 or formulate policies for fishing villages and fishery harbors, conduct a detailed survey of any specific fishing village or fishery harbor. <Amended on Mar. 23, 2013>
(3) Necessary matters concerning the details of basic surveys and detailed surveys, the survey methods thereof, public announcement of the survey outcomes, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 4 (Formulation of Basic Plans for Development of Fishing Villages and Fishery Harbors)
(1) The Minister of Oceans and Fisheries shall formulate a basic plan for the development of fishing villages and fishery harbors (hereinafter referred to as "basic plan") every 10 years based on the outcomes from basic surveys and detailed surveys under Article 3, in order to increase the income of fishing villages and enhance the rational development and use of fishing villages and fishery harbors. <Amended on Mar. 23, 2013; Mar. 24, 2020>
(2) A basic plan shall include the following: <Amended on Mar. 23, 2013; Aug. 27, 2019; Dec. 22, 2020>
1. Mid- to long-term policy direction-setting for the comprehensive and systematic development of fishing villages and fishery harbors;
2. Matters concerning the annual development, management, and operation of fishing villages and fishery harbors;
3. Matters concerning comprehensive fishing village development projects;
4. Matters concerning fishery harbor development projects;
5. Matters concerning fishing village and fishery harbor regeneration projects;
6. Matters concerning the enhancement of traffic convenience of residents of fishing villages;
7. Matters concerning projects for developing fishing village areas, etc. under other statutes;
8. Other matters deemed necessary by the Minister of Oceans and Fisheries.
(3) Where the Minister of Oceans and Fisheries intends to formulate a basic plan, he or she shall consult in advance with the heads of the relevant central administrative agencies, after hearing opinions from the Mayor/Do Governor, the heads of Sis/Guns/Gus, and relevant experts. <Amended on Mar. 23, 2013; Mar. 24, 2020>
(4) Where the Minister of Oceans and Fisheries formulates a basic plan, he or she shall publicly notify such plan. <Amended on Mar. 23, 2013; Mar. 24, 2020>
(5) Where the Minister of Oceans and Fisheries formulates a basic plan, he or she shall, without delay, notify the head of a relevant central administrative agency and the Mayor/Do Governor thereof and submit such plan to the competent standing committee of the National Assembly. <Newly Inserted on Jan. 15, 2019; Mar. 24, 2020>
(6) If necessary to formulate a basic plan, the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies or the Mayor/Do Governor to submit related data. In such cases, the heads of relevant agencies upon receipt of such request shall comply therewith unless there is good cause. <Newly Inserted on Jan. 15, 2019>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 4-2 (Modification of Basic Plans)
(1) The Minister of Oceans and Fisheries shall examine the appropriateness of a basic plan every five years from the date such plan is formulated and may modify such basic plan, if necessary.
(2) Notwithstanding paragraph (1), the Minister of Oceans and Fisheries may modify a basic plan, if necessary due to rapidly changing economic conditions and the like.
(3) Article 4 (3) through (6) shall apply mutatis mutandis to the formulation of a basic plan or the modification thereof under paragraphs (1) and (2).
[This Article Newly Inserted on Mar. 24, 2020]
 Article 5 (Relationship to Other Plans)
Where the Minister of Oceans and Fisheries formulates or modifies a basic plan, as for fishing villages and fishery harbors for which any plan has been formulated or any specific-use area, etc. have been designated under other statutes or regulations, he or she shall formulate or modify the basic plan within the scope of the relevant plan or specific-use area, etc.: Provided, That if necessary to efficiently implement comprehensive fishing village development projects, enhance the comprehensive development of fishery harbors, or implement fishing village and fishery harbor regeneration projects, he or she may request the head of any relevant administrative agency to modify the plan formulated or the specific-use area, etc. designated under other statutes or regulations. <Amended on Mar. 23, 2013; Aug. 27, 2019>
[This Article Wholly Amended on Jul. 14, 2011]
CHAPTER III COMPREHENSIVE DEVELOPMENT OF FISHING VILLAGES
 Article 6 (Formulation of Comprehensive Plan for Fishing Village Development)
(1) The Minister of Oceans and Fisheries shall formulate a comprehensive plan for fishing village development in accordance with a basic plan and endeavor to secure financial resources required therefor in order to comprehensively and systematically develop fishing villages. <Amended on Mar. 23, 2013; Jan. 15, 2019>
(2) A comprehensive plan for fishing village development shall include the following: <Amended on Mar. 23, 2013>
1. Fundamental conception and development direction-settings for the comprehensive development of fishing villages;
2. Current state of the selection of regional areas subject to comprehensive fishing village development projects;
3. Comprehensive fishing village development projects by area and investment plans;
4. Effects and outlook of comprehensive fishing village development projects;
5. Plans for the assessment of comprehensive fishing village development projects;
6. Other matters deemed necessary by the Minister of Oceans and Fisheries, such as the procedures for implementation of comprehensive fishing village development projects, follow-up management, etc.
(3) Where the Minister of Oceans and Fisheries formulates or modifies a comprehensive plan for fishing village development, he or she shall consult in advance with the heads of relevant central administrative agencies, the Mayor/Do Governor, and the heads of Sis/Guns/Gus: Provided, That the same shall not apply to any modification of minor matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 7 (Formulation of Plans for Comprehensive Fishing Village Development Projects)
(1) The head of a Si/Gun/Gu shall formulate a plan for comprehensive development projects of fishing village areas within the jurisdiction in accordance with a comprehensive plan for fishing village development.
(2) If necessary for the efficient implementation of comprehensive fishing village development projects by reason of nationwide interests, etc., the Minister of Oceans and Fisheries may directly formulate a plan for comprehensive fishing village development projects of concerning the relevant matters, notwithstanding paragraph (1). <Amended on Mar. 23, 2013>
(3) Where the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu intends to formulate or modify a plan for comprehensive fishing village development project, he or she shall in advance consult with the Mayor/Do Governor and the heads of relevant administrative agencies after hearing the opinions of residents in the relevant project areas: Provided, That the same shall not apply to any modification of minor matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
(4) Where the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu formulates a plan for comprehensive fishing village development projects, and a fishery harbor development plan under Article 19 includes matters concerning the development of the surrounding area of fishing villages, he or she shall preferentially reflect such matters in the plan for comprehensive fishing village development projects. <Amended on Mar. 23, 2013>
(5) Where the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu formulates or modifies a plan for comprehensive fishing village development projects, he or she shall publicly notify such plan. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 8 (Authorization, Permission, etc. Deemed Granted)
Where the formulation or modification of a plan for comprehensive fishing village development projects is publicly notified under Article 7 (5) and the details of the plan are consulted under Article 7 (3), the following permission, authorization, licenses, approval, agreement, consultation, etc. shall be deemed to have been granted, reached, or obtained, and any public notice or public announcement of permission, authorization, license, approval, agreement, deliberation, etc. under the relevant statutes shall be deemed made: <Amended on Jan. 14, 2014; Mar. 24, 2014; Mar. 31, 2020>
1. Permission for any development activity under Article 56 of the National Land Planning and Utilization Act and authorization for an implementation plan for the urban or Gun planning facility project under Article 88 of that Act;
2. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, consultation or approval under Article 10 of that Act, approval of and report on an implementation plan for occupancy or use under Article 17 of that Act, a reclamation license of public waters under Article 28 of that Act, consultation on or approval of reclamation implemented by the State, etc. under Article 35 of that Act, and approval of an implementation plan for reclamation of public waters under Article 38 of that Act;
3. Authorization for general waterworks business under Article 17 of the Water Supply and Waterworks Installation Act or authorization for the establishment of private-use waterworks under Article 52 of that Act;
4. Permission to undertake construction works under Article 16 of the Sewerage Act, permission to occupy and use under Article 24 of that Act, and reporting on the establishment of drainage facilities under Article 27 of that Act;
5. Permission to execute construction works under Article 30 of the River Act, permission to occupy and use a river under Article 33 of that Act, and permission to use river water under Article 50 of that Act;
6. Approval of execution of construction works in protected waters under Article 47 (2) of the Fishery Resources Management Act;
7. Permission to undertake road construction works under Article 36 of the Road Act, and permission to occupy and use roads under Article 61 of that Act;
8. Permission for any act under Article 23 of the Natural Parks Act or consultation with a park management agency under Article 71 of that Act;
9. Permission to divert farmland under Article 34 of the Farmland Act or consultation thereon;
10. Consultation on permission, etc. to be granted by any administrative agency under Article 13 of the Protection of Military Bases and Installations Act;
11. Building permission under Article 11 of the Building Act, building permission for any temporary building or reporting thereof under Article 20 of that Act, and consultation on construction under Article 29 of that Act;
12. Permission to alter the form and quality, etc. under Article 21-2 of the Grassland Act, and permission to convert the use of grassland under Article 23 of that Act;
13. Permission to convert mountainous districts or reporting thereon under Article 14 or 15 of the Management of Mountainous Districts Act and permission to temporarily use mountainous districts or reporting thereon under Article 15-2 of that Act;
14. Permission for any activity within a forest conservation zone (excluding conservation zones for forest gene resources) under Article 9 (1) or (2) 1 of the Forest Protection Act, consent or approval of the management plan for State forests under Article 9 of the State Forest Administration and Management Act, and permission to fell standing timber, etc. of State forests under Article 36 of the Forest Resources Creation and Management Act;
15. Permission for any activity within land for erosion control under Article 14 of the Erosion Control Work Act and cancellation of the designation of land for erosion control under Article 20 of that Act;
16. Permission for the establishment, etc. of private roads under Article 4 of the Private Road Act;
17. Authorization for or reporting of constructions plans for electronic equipment for electric business under Article 61 of the Electric Utility Act, and authorization for or reporting of construction plans for private-use electronic equipment under Article 8 of the Electrical Safety Management Act.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 9 (Implementation of Comprehensive Fishing Village Development Projects)
(1) A comprehensive fishing village development project shall be implemented by the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu: Provided, That if necessary for the efficient implementation of a comprehensive fishing village development project, the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may require any of the following persons to fully or partially implement such project: <Amended on Mar. 23, 2013; May 29, 2016; Apr. 17, 2018>
1. Fisheries cooperatives established under Article 2 of the Fisheries Cooperatives Act (hereinafter referred to as “fisheries cooperatives”);
2. Fishing village fraternities organized under Article 15 of the Fisheries Cooperatives Act;
3. The Korea Fisheries Infrastructure Public Agency established under Article 57;
4. The Korea Rural Community Corporation established under Article 3 of the Korea Rural Community Corporation and Farmland Management Fund Act;
5. Other persons prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries, the head of a Si/Gun/Gu, or any person who implements a comprehensive fishing village development project under the proviso of paragraph (1) (hereinafter referred to as "implementer of a comprehensive fishing village development project") shall formulate and implement an implementation plan for a comprehensive fishing village development project (hereinafter referred to as "implementation plan") and within the scope of a plan for comprehensive fishing village development projects, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(3) Where a person who implements a comprehensive fishing village development project under the proviso of paragraph (1) intends to formulate an implementation plan under paragraph (2), he or she shall obtain prior approval from the Minister of Oceans and Fisheries or the head of the relevant Si/Gun/Gu, and the same shall also apply to any modification of the approved matters: Provided, That where the person intends to modify minor matters prescribed by Presidential Decree, he or she shall report it to the Minister of Oceans and Fisheries or the head of the relevant Si/Gun/Gu. <Amended on Mar. 23, 2013>
(4) Where an implementer of a comprehensive fishing village development project formulates or modifies an implementation plan under paragraph (2) or (3), he or she shall publicly announce it as prescribed by Presidential Decree and allow residents in the relevant project area to peruse it: Provided, That the same shall not apply to any modification of minor matters under the proviso of paragraph (3).
[This Article Wholly Amended on Jul. 14, 2011]
 Article 10 (Confirmation of Project Completion)
(1) Where an implementer of a comprehensive fishing village development project under the proviso of Article 9 (1) completes such project in accordance with the implementation plan, he or she shall submit a project completion report without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and obtain the confirmation of project completion according to the following classifications: Provided, That the same shall not apply where any ground prescribed by Presidential Decree arises, such as undergoing supervision, etc. under other statutes or regulations: <Amended on Mar. 23, 2013>
1. Where the Minister of Oceans and Fisheries approves the implementation plan under the main clause of Article 9 (3): The Minister of Oceans and Fisheries;
2. Where the head of the relevant Si/Gun/Gu approves the implementation plan under the main clause of Article 9 (3): The head of the relevant Si/Gun/Gu.
(2) Where the relevant comprehensive fishing village development project is deemed implemented as approved as a result of the confirmation of project completion under paragraph (1), or where any ground prescribed in the proviso of paragraph (1) arises, the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu shall immediately issue a certificate of confirmation of project completion to such applicant. <Amended on Mar. 23, 2013>
(3) No implementer of a comprehensive fishing village development project under the proviso of Article 9 (1) shall use land created or facilities established by the project before obtaining a certificate of confirmation of project completion under paragraph (2): Provided, That the same shall not apply where permission for use prior to project completion has been granted or a report on use prior to project completion has been filed as prescribed by Presidential Decree.
(4) The Minister of Oceans and Fisheries or the head of a Si/Gun/Gu shall notify the reporter of whether or not to accept a report within three days after the date of receipt of the report under the proviso of paragraph (3). <Newly Inserted on Dec. 11, 2018>
(5) Where the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu fails to notify the reporter of whether or not to accept a report or the extension of the treatment period under the statutes or regulations related to civil petition treatment within the period prescribed in paragraph (4), the report shall be deemed accepted on the day following the end of such period (referring to the relevant extended or re-extended period where the treatment period is extended or re-extended under the statutes or regulations related to civil petition treatment). <Newly Inserted on Dec. 11, 2018>
(6) Where the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu intends to permit the use of land created or facilities established through a comprehensive fishing village development project prior to project completion or to accept a report on use thereof prior to project completion pursuant to the proviso of paragraph (3), he or she shall consider the following: <Amended on Mar. 23, 2013; Dec. 11, 2018>
1. Whether it is likely to impede the comprehensive fishing village development project to be implemented afterwards due to the use prior to project completion;
2. Whether it is likely to harm the safety of land or facilities to be used prior to project completion.
(7) Where an implementer of a comprehensive fishing village development project under the proviso of Article 9 (1) has obtained a certificate of project completion under paragraph (2), he or she shall be deemed obtained the following authorization for project completion or approval for use:
1. Inspection of project completion under Article 45 of the Public Waters Management and Reclamation Act;
2. Authorization for project completion under Article 30 (7) of the River Act;
3. Approval for use under Article 22 (2) of the Building Act.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 11 (Entrustment of Survey, Measurement, Design, and Construction Supervision)
(1) An implementer of a comprehensive fishing village development project may, if necessary to implement such project, entrust a person prescribed by Presidential Decree, from among those related to the comprehensive development of fishing villages and the development of fishery harbors, such as the Korea Fisheries Infrastructure Public Agency under Article 57, with the surveys, measurement, design, and supervision of construction works. <Amended on Apr. 17, 2018>
(2) An implementer of a comprehensive fishing village development project may request any person entrusted with the surveys, measurement, design, and supervision of construction works under paragraph (1) to file a necessary report thereon or submit necessary data.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 12 (Transfer of State-Owned Land and Public Land)
(1) Where facilities or land newly created by the implementation of a comprehensive fishing village development project have been replaced with an existing road, drain, dyke, ditch, river, site for a fishery harbor, etc., any owner of land within the region in which such project is implemented or any implementer of such project under the proviso of Article 9 (1) may donate such facilities or land to the State or a local government. <Amended on Jan. 15, 2019>
(2) The Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may fully or partially transfer, free of charge, a State-owned or public road, drain, dyke, ditch, river, site for a fishery harbor, etc., the disuse of which is deemed necessary as its function has been replaced, to the donator of facilities or land under paragraph (1), as prescribed by Presidential Decree, notwithstanding relevant statutes, such as the State Property Act, the Public Property and Commodity Management Act, and the Road Act. <Amended on Mar. 23, 2013; Jan. 15, 2019>
(3) The Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may sell State-owned or public general property within the region in which a comprehensive fishing village development project is implemented to the implementer of such project under the proviso of Article 9 (1) by means of a private contract, notwithstanding Article 43 of the State Property Act, Article 29 of the Public Property and Commodity Management Act, or Article 27 of the State Forest Administration and Management Act. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 13 (Management of Facilities Created by Comprehensive Development of Fishing Villages)
(1) Facilities or land created by a comprehensive development project of fishing villages (hereinafter referred to as "facilities created by the comprehensive development of fishing villages") shall be managed by the implementer of such project.
(2) Matters necessary for the protection and management of facilities created by comprehensive development of fishing villages shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 14 (Use of Facilities Created by Comprehensive Development of Fishing Villages for Purposes Other than Original Purpose)
(1) Where an implementer of a comprehensive fishing village development project under the proviso of Article 9 (1) intends to use facilities created by the comprehensive development of fishing villages for purposes other than its original purpose, or to transfer or rent them to a third party or have the third party use the facilities, he or she shall obtain prior approval from the Minister of Oceans and Fisheries or the head of the relevant Si/Gun/Gu as prescribed by Presidential Decree: Provided, That the same shall not apply to minor matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, to the extent that it does not hamper the maintenance and management of the facilities created by the comprehensive development of fishing villages. <Amended on Mar. 23, 2013>
(2) Facilities shall be used, transferred, or rented for purposes other than its original purpose under paragraph (1), to the extent that it does not hamper its original purpose or use.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 15 (Disuse of Facilities Created by Comprehensive Development of Fishing Villages)
Where any of the following grounds occurs, an implementer of a comprehensive fishing village development project may disuse facilities created by the comprehensive development of fishing villages. In such cases, the implementer of such project under the proviso of Article 9 (1) shall obtain approval from the Minister of Oceans and Fisheries or the head of the relevant Si/Gun/Gu: <Amended on Mar. 23, 2013>
1. Where a fishery business, etc. that benefits from the facilities created by the comprehensive development of fishing villages subject to disuse is closed, or facilities substituted in lieu thereof are fully equipped;
2. Where repair of the facilities becomes economically infeasible, because the facilities created by the comprehensive development of fishing villages have been damaged or buried due to a natural disaster or other force majeure events;
3. Where maintenance of the facilities created by the comprehensive development of fishing villages becomes unprofitable, because the sea has been polluted over a long period of time or is likely to be polluted due to the consistent inflow of pollutants or other force majeure events.
[This Article Wholly Amended on Jul. 14, 2011]
CHAPTER IV FISHERY HARBOR DEVELOPMENT
SECTIONS 1 Designation of Fishery Harbors and Fishery Harbor Development Plans
 Article 16 (Authority to Designate Fishery Harbors)
The Minister of Oceans and Fisheries, the Mayor/Do Governor, or the head of a Si/Gun/Gu (hereafter in this Chapter referred to as "designating authority") shall designate a fishery harbor according to the following classifications: <Amended on May 23, 2012; Mar. 23, 2013; Aug. 27, 2019; Feb. 18, 2020>
1. State-owned fishery harbors: The Minister of Oceans and Fisheries;
2. Local fishery harbors: The Mayor/Do Governor: Provided, That in cases of a large city with a population of at least 500,000 (hereinafter referred to as "large city"), other than Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities under Article 175 of the Local Autonomy Act, the Mayor shall be the Mayor of the relevant large city (hereinafter referred to as the "Mayor of a large city");
3. Fishery harbors located in fishing villages and village joint-use fishery harbors: The head of a Si/Gun/Gu.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 17 (Designation, Modification, and Cancellation of Fishery Harbors)
(1) A designating authority shall, in cases of a fishery harbor, designate it by determining its name, type, location, and, in cases of fishery harbor facilities outside a fishery harbor district, designate them by determining the fishery harbor they belong to, and the name, type, and location of the facilities.
(2) Matters necessary for the designation of fishery harbors and fishery harbor facilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
(3) Where the Mayor/Do Governor or the Mayor of a large city intends to designate a local fishery harbor, he/she shall, in advance, consult with the Minister of Oceans and Fisheries; and where the head of a Si/Gun/Gu intends to designate a fishery harbor located in a fishing village or a village joint-use fishery harbor, he or she shall, in advance, consult with the Mayor/Do Governor. In such cases, necessary matters regarding the procedures, methods, etc. of consultation shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020>
(4) Where the economic, social, or physical conditions of any fishery harbor are changed or any other cause prescribed by Ordinance of the Ministry of Oceans and Fisheries arises, a designating authority may modify the details of designation under paragraph (1) or cancel such designation. <Amended on May 29, 2016>
(5) Where the Minister of Oceans and Fisheries or the Mayor/Do Governor (in cases of a large city, referring to the Mayor of a large city) intends to designate any fishery harbor, or modify or cancel designation under paragraphs (1) and (4), he or she shall, in cases of a State-owned fishery harbor, hear the opinions of the Mayor/Do Governor having jurisdiction over the location of the relevant fishery harbor, and in cases of a local fishery harbor, hear the opinions of the head of the Si/Gun/Gu having jurisdiction over the location of the relevant fishery harbor. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(6) Where the zone a designating authority intends to designate as a fishery harbor has been already designated as a district, area, zone, etc., the use of land or waters of which are prescribed by other statutes, he or she shall have prior consultations with the heads of relevant administrative agencies.
(7) Where a designating authority designates any fishery harbor or any fishery harbor facilities outside a fishery harbor district, or modifies or cancels such designation, he or she shall publicly notify the details thereof.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 18 (Establishment of Zones for Fishing Village Tourism)
(1) If necessary to boost fishing village tourism, a designating authority may establish zones for fishing village tourism inside a fishery harbor district, as prescribed by Presidential Decree.
(2) Facilities prescribed by Presidential Decree, such as vessel mooring facilities for the purposes of marine tourism or leisure and tourist convenience facilities may be established inside a zone for fishing village tourism created under paragraph (1).
(3) Except as provided for in paragraphs (1) and (2), matters necessary for the operation, etc. of zones for fishing village tourism shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 19 (Formulation of Fishery Harbor Development Plans)
(1) A designating authority shall investigate and check the facilities of the relevant fishery harbor and the current status of the use thereof, status of the safety of the fishery harbor facilities, etc. in advance and formulate a fishery harbor development plan based on the outcomes therefrom as prescribed by Presidential Decree, in order to facilitate the development of the fishery harbor and enhance the efficiency of the operation thereof: Provided, That if necessary to facilitate the growth of the fisheries industry and enhance the development of fishing villages, the Minister of Oceans and Fisheries may consult with the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu and formulate a fishery harbor development plan covering at least two local fishery harbors, fishery harbors located in fishing villages, or village joint-use fishery harbors. <Amended on May 23, 2012; Mar. 23, 2013>
(2) A fishery harbor development plan under paragraph (1) shall be formulated as classified as follows, and the major details thereof shall be prescribed by Presidential Decree: <Amended on Oct. 22, 2012; Dec. 22, 2020>
1. A comprehensive and basic fishery harbor plan concerning fishery harbor facilities;
2. A fishery harbor maintenance plan, such as modification, repair, reinforcement, relocation, and expansion of fishery harbor facilities;
3. A plan for improving the environment of the fishery harbor with the aim of facilitating the purification of the fishery harbor and boosting fishing village tourism;
4. A plan for developing leisure and tourism with the aim of boosting marine tourism, such as the installation of recreational infrastructure facilities prescribed in subparagraph 5 (c) (iv) of Article 2;
5. Plans to enhance traffic convenience intended to improve accessibility to fishery harbor facilities.
(3) A designating authority (including where the Minister of Oceans and Fisheries formulates a fishery harbor development plan under the proviso of paragraph (1); hereafter in this Article and Articles 20 and 21, the same shall apply) shall formulate a fishery harbor development plan within the scope of a basic plan, and if deemed necessary to perform a comprehensive fishing village development project at the surrounding area of the fishery harbor to be developed, the designating authority shall formulate the plan in consideration thereof. <Amended on Mar. 23, 2013>
(4) With regard to a region expected to have a huge economic impact, such as invigoration of local development and fishing village tourism through fishery harbor development, a designating authority shall reflect it in a fishery harbor development plan ensuring that the relevant fishery harbor can be developed to perform various functions, such as fisheries, transportation logistics, disaster prevention, fishing village tourism and leisure, and management of sea areas.
(5) If deemed necessary to modify a fishery harbor development plan due to changes in the conditions of a fishery harbor, a designating authority may modify such plan, as prescribed by Presidential Decree.
(6) Where a designating authority formulates or modifies a fishery harbor development plan, he or she shall publicly notify the details thereof: Provided, That the same shall not apply to any modification of minor matters prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 20 (Details of Fishery Harbor Development Plans)
A fishery harbor development plan shall include the following: <Amended on Dec. 22, 2020>
1. Basic direction-setting for the development and operation of a fishery harbor;
2. A plan for the location, type, scale, and arrangement of fishery harbor facilities;
3. The standard cross section of basic facilities;
4. An annual investment plan and the effects thereof;
5. Matters concerning the improvement of traffic accessibility to fishery harbor facilities;
6. Other matters deemed necessary by a designating authority.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 21 (Consultation on Formulation of Fishery Harbor Development Plans)
(1) Where a designating authority intends to formulate or modify a fishery harbor development plan, he or she shall have prior consultations with the heads of relevant administrative agencies and the Mayor/Do Governor (in cases of a large city, referring to the Mayor of a large city) and hear the opinions of residents in the relevant region and interested parties as prescribed by Presidential Decree: Provided, That the same shall not apply to any modification of minor matters prescribed by Presidential Decree. <Amended on Feb. 18, 2020>
(2) Where the Mayor/Do Governor or the Mayor of a large city intends to formulate or modify a local fishery harbor development plan, he or she shall have prior consultations with the Minister of Oceans and Fisheries: Provided, That the same shall not apply to any modification of minor matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Mar. 24, 2014; Feb. 18, 2020>
(3) The head of a relevant administrative agency, the Mayor/Do Governor, or the Mayor of a large city shall, upon receipt of a request for consultation under the main clause of paragraph (1), submit his or her opinions within the period prescribed by Presidential Decree from the date of receipt of such request. <Amended on Feb. 18, 2020>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 22 (Relationship to Other Statutes)
Where public notice is made in relation to the formulation or modification of a fishery harbor development plan under Article 19 (6), with regard to matters that have undergone consultations with the head of a relevant administrative agency, the Mayor/Do Governor, or the Mayor of a large city under Article 21 (1), a basic plan for reclamation under Articles 22 and 27 of the Public Waters Management and Reclamation Act shall be deemed formulated or modified within the extent thereof and publicly notified under Article 26 of that Act. <Amended on Feb. 18, 2020>
[This Article Wholly Amended on Jul. 14, 2011]
SECTION 2 Fishery Harbor Development Projects
 Article 23 (Implementation of Fishery Harbor Development Projects)
(1) A designating authority shall implement a fishery harbor development project, except as otherwise provided for in this Act or other statutes.
(2) Where any person, other than a designating authority, (excluding the head of a State agency or local government) intends to implement a fishery harbor development project, he or she shall formulate a plan for a fishery harbor development project as prescribed by Presidential Decree and obtain permission from the designating authority, to implement the fishery harbor development project: Provided, That the same shall not apply where he or she intends to undertake any of the following construction works, such as repair and reinforcement of fishery harbor facilities: <Amended on Mar. 24, 2014>
1. Construction works for fishery harbor facilities under the proviso of paragraph (4);
2. Construction works that do not undermine the safety and use of fishery harbor facilities, such as repair or reinforcement of mosquito net materials or concrete paving.
(3) Where the head of a State agency or a local government that is not a designating authority intends to implement a fishery harbor development project (excluding construction works falling under the proviso of paragraph (2)), he or she shall formulate a plan for a fishery harbor development project and have consultation thereon with the relevant designating authority, as prescribed by Presidential Decree. <Amended on Mar. 24, 2014>
(4) Where a designating authority grants permission under the main clause of paragraph (2), he or she may attach a condition that the land created or the facilities established by the relevant project devolve on the State or the local government: Provided, That the same shall not apply to fishery harbor facilities prescribed by Presidential Decree, such as passenger escalators and fishery harbor for decontamination facilities.
(5) A fishery harbor development project shall correspond with a fishery harbor development plan.
(6) Where a designating authority intends to grant permission to implement a fishery harbor development project under the main clause of paragraph (2), he or she may preferentially grant such permission to a public organization using fishery harbor facilities or having any direct interest in the relevant fishery harbor, as prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 24 (Standards for Seismic Design of Fishery Harbor Facilities)
(1) The Minister of Oceans and Fisheries shall determine and publicly notify the standards for seismic design of fishery harbor facilities.
(2) The Minister of Oceans and Fisheries may, in addition to the standards for seismic design referred to in paragraph (1), determine and publicly announce technological standards for the basic facilities under subparagraph 5 (a) of Article 2 among the fishery harbor facilities and other fishery harbor facilities prescribed by Presidential Decree.
(3) A person who designs a fishery harbor facility or a person who implements a fishery harbor development project pursuant to Article 23 (hereinafter referred to as "implementer of a fishery harbor development project") shall design the fishery harbor facility or implement the fishery harbor development project in accordance with the standards for seismic design determined under paragraph (1) and technological standards determined under paragraph (2).
(4) For the appropriate management of fishery harbor facilities in accordance with the standards for seismic design under paragraph (1) and technological standards under paragraph (2), the Minister of Oceans and Fisheries shall conduct safety inspections on fishery harbor facilities and notify the results thereof to relevant designating authorities.
(5) A designating authority notified of the result of a safety inspection under paragraph (4) shall reflect the results in the fishery harbor development plan referred to in Article 19.
[This Article Wholly Amended on Mar. 24, 2014]
 Article 25 (Agency Service for Business)
Any person, other than a designating authority, who obtains permission to implement a fishery harbor development project under the main clause of Article 23 (2) (hereinafter referred to as "non-designating authority") and the head of a State agency or local government who has consulted with a designating authority under Article 23 (3) may have the designating authority or any third person execute the fishery harbor development project on his or her behalf. <Amended on Mar. 24, 2014>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 25-2 (Expropriation or Use of Land)
(1) Where necessary to implement a development project of land in a fishery harbor, the implementer of a fishery harbor development project may expropriate or use land, goods, or rights under Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as "land, etc."): Provided, That the implementer of a fishery harbor development project who has obtained permission under Article 23 (2) shall own land equivalent to at least 2/3 of the area of the land subject to the harbor development project and obtain the consent of at least 1/2 of the total number of land owners.
(2) If any public notice is made on the formulation or modification of a fishery harbor development plan (limited to the plans which include the details of land, etc. to be expropriated or used) under Article 19 (6), the project approval and the public notice on the project approval shall be deemed made under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(3) Notwithstanding Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, an application for adjudication on the expropriation or use of land, etc. under paragraph (1) may be filed within the period for implementation of a fishery harbor development project set in the fishery harbor development plan.
(4) Except as otherwise provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the expropriation or use of land, etc. under paragraph (1).
[This Article Newly Inserted on Mar. 24, 2014]
 Article 25-3 (Confirmation of Project Completion)
(1) Where a non-designating authority or the head of a State agency or local government who has consulted with a designating authority under Article 23 (3) completes a fishery harbor development project in accordance with a plan for the fishery harbor development project under that Article, he or she shall submit a project completion report without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and obtain the confirmation of project completion from the designating authority: Provided, That the same shall not apply where any ground prescribed by Presidential Decree arises, such as undergoing supervision, etc. under other statutes or regulations.
(2) Where it is deemed that the relevant fishery harbor development project has been implemented as permitted or consulted, as a result of the confirmation of project completion under paragraph (1), or where any ground prescribed in the proviso of paragraph (1) arises, a designating authority shall immediately issue a certificate of confirmation of project completion to the applicant.
(3) Neither a non-designating authority nor the head of a State agency or local government who has consulted with a designating authority under Article 23 (3) shall use land created or facilities established by the relevant project before obtaining a certificate of confirmation of project completion under paragraph (2): Provided, That the same shall not apply where permission for use prior to project completion has been granted or a report on use prior to project completion has been filed, as prescribed by Presidential Decree.
(4) A designating authority shall notify an applicant of whether or not to grant permission or accept a report within seven days after the date of receipt of the application for permission or within three days after the date of receipt of the report under the proviso of paragraph (3).
(5) If a designating authority fails to notify an applicant of whether or not to grant permission or to accept a report or of the extension of the treatment period under the statutes or regulations related to civil petition treatment within the period prescribed in paragraph (4), the permission or report shall be deemed granted or accepted on the day following the end of such period (referring to the relevant extended or re-extended period where the treatment period is extended or re-extended under the statutes or regulations related to civil petition treatment).
(6) Article 10 (6) and (7) shall apply mutatis mutandis to considerations in the issuance of a certificate of confirmation of project completion under paragraph (2) and in the granting of permission for use prior to project completion or the acceptance of a report on use prior to project completion under the proviso of paragraph (3).
[This Article Newly Inserted on Dec. 11, 2018]
 Article 26 (Devolvement of Fishery Harbor Facilities)
(1) Any land created or facility through a fishery harbor development project implemented by a non-designating authority shall devolve on the State or the relevant local government at the same time such project is completed under the conditions of permission imposed under Article 23 (4): Provided, That the same shall not apply to fishery harbor facilities prescribed by Presidential Decree under the proviso of Article 23 (4).
(2) A non-designating authority may acquire the ownership of any of the following land out of land created through the implementation of a fishery harbor development project, notwithstanding the main clause of paragraph (1), within the limit of the total project expenses invested:
1. A site for facilities prescribed by Presidential Decree, among functional facilities provided for in subparagraph 5 (b) of Article 2;
2. A site for facilities for welfare and culture provided for in subparagraph 5 (c) (i) and (ii) of Article 2;
3. A site for infrastructure facilities for leisure purposes, tourist facilities, and resting facilities provided for in subparagraph 5 (c) (iv) through (vi) of Article 2;
4. Land other than the sites provided for in subparagraph 5 (d) of Article 2.
(3) Notwithstanding Article 43 of the State Property Act and Article 29 (1) of the Public Property and Commodity Management Act, a designating authority may preferentially sell land devolved under paragraph (1) and falling under the subparagraphs of paragraph (2) to a non-designating authority, as prescribed by Presidential Decree.
(4) A designating authority may allow a non-designating authority to use land or facilities devolved on the State or a local government under paragraph (1) or to benefit therefrom free of charge, within the limit of an amount obtained by subtracting the value of land acquired by the non-designating authority under paragraph (2) from the total project expenses, to the extent of not hampering the use or purpose of such land or facilities. In such cases, the non-designating authority shall report it to the designating authority in advance, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
(5) A designating authority shall notify the relevant non-designating authority of whether or not to accept a report within three days after the date of receipt of the report under the latter part of paragraph (4). <Newly Inserted on Dec. 11, 2018>
(6) If a designating authority fails to notify the relevant non-designating authority of whether or not to accept a report or of the extension of the treatment period under the statutes or regulations related to civil petition treatment within the period prescribed in paragraph (5), the report shall be deemed accepted on the day following the end of such period (referring to the relevant extended or re-extended period where the treatment period is extended or re-extended under the statutes or regulations related to civil petition treatment). <Newly Inserted on Dec. 11, 2018>
(7) The period during which a designating authority allows a non-designating authority to use land or facilities devolved on the State or a local government or to benefit therefrom free of charge under paragraph (4) shall be prescribed by Presidential Decree, and such period shall not exceed 30 years. <Amended on Dec. 11, 2018>
(8) The method of calculating the total project expenses referred to in paragraph (2) and the value of land acquired by a non-designating authority shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018>
(9) Notwithstanding Article 30 (2) of the State Property Act, a non-designating authority who uses land or facilities devolved on the State or a local government under paragraph (4) or benefits therefrom free of charge may allow a third party to use part of such land or facilities or to benefit therefrom according to the terms prescribed by the designating authority. In such cases, the period for using such land or facilities or benefiting therefrom shall not exceed the period for using such land or facilities or benefiting therefrom free of charge. <Amended on Dec. 11, 2018>
(10) Any land which is general property out of local government-owned public property under paragraph (2) may be sold as prescribed by ordinance of the relevant local government: Provided, That only alternative land for the site being used or occupied by existing fishery harbor facilities may be sold to persons who have business interest resulting from the implementation of a fishery harbor development project or public organizations under Article 23 (6), by means of a private contract. <Amended on Dec. 11, 2018; Mar. 24, 2020>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 27 (Sale or Transfer of Fishery Harbor Facilities)
(1) Notwithstanding Article 8 (3) of the State Property Act, a designating authority may sell land referred to in any subparagraph of Article 26 (2), out of land created through a fishery harbor development project implemented by the designating authority.
(2) In cases falling under paragraph (1), notwithstanding Article 43 of the State Property Act or Article 29 (1) of the Public Property and Commodity Management Act, a designating authority may preferentially sell the relevant land to a public organization under Article 23 (6) or a person who implements a fishery harbor development project under Article 23. In such cases, if land is sold under Article 49 of the State Property Act and Article 36 of the Public Property and Commodity Management Act, the designating authority shall designate the use of the land and the period of use thereof and register a special agreement which requires that the relevant sales contract be rescinded if the purchaser violates any of the details of designation. <Amended on Mar. 24, 2014; Aug. 27, 2019>
(3) In any of the following cases, notwithstanding Article 55 of the State Property Act and Article 40 (1) of the Public Property and Commodity Management Act, a designating authority may transfer fishery harbor facilities to a new designating authority:
1. Where the designation of a State-owned fishery harbor has been cancelled and the relevant fishery harbor has been designated as a local fishery harbor or a fishery harbor located in a fishing village;
2. Where the designation of a local fishery harbor has been cancelled and the relevant fishery harbor has been designated as a State-owned fishery harbor or a fishery harbor located in a fishing village;
3. Where the designation of a fishery harbor located in a fishing village has been cancelled and the relevant fishery harbor has been designated as a State-owned fishery harbor or a local fishery harbor.
(4) The Minister of Oceans and Fisheries shall pay the proceeds from the sale of land of a State-owned fishery harbor, out of the proceeds from the sale of land under paragraph (1) to the Fisheries Development Fund referred to in Article 46 of the Framework Act on Fisheries and Fishing Villages Development. <Amended on Mar. 23, 2013; Jun. 22, 2015>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 28 (Registration of Property)
A designating authority shall register land and facilities, other than fishery harbor facilities under the proviso of Article 23 (4), out of the land created and facilities established through a fishery harbor development project, within two years from the date of completion of such project.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 29 (Right to Manage and Operate Fishery Harbor Facilities)
A designating authority shall maintain and manage fishery harbor facilities for a period during which a non-designating authority can use such fishery harbor facilities or benefit therefrom free of charge under Article 26 (4), and may grant the right to collect fees from the users of the relevant fishery harbor facilities (hereinafter referred to as "right to manage and operate fishery harbor facilities") to the relevant non-designating authority.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 30 (Nature of Right to Manage and Operate Fishery Harbor Facilities)
The right to manage and operate fishery harbor facilities shall be deemed a real right, and the provisions of the Civil Act governing real estate shall apply mutatis mutandis thereto, except as otherwise provided for in this Act.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 31 (Registration of Right to Manage and Operate Fishery Harbor Facilities)
(1) The right to manage and operate fishery harbor facilities or the creation, modification, or nullification of mortgage, the subject matter of which is the right to manage and operate fishery harbor facilities, and restriction on the disposition thereof shall become valid by filing registration thereon in the original registry of the right to manage and operate fishery harbor facilities prepared by the designating authority.
(2) Matters necessary for registration of the rights to manage and operate fishery harbor facilities under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 32 (Special Cases concerning Disposition of Right to Manage and Operate Fishery Harbor Facilities)
No right to manage and operate fishery harbor facilities over which a mortgage has been created shall be disposed of without the consent of the mortgagee.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 33 (Consultation)
(1) Where the State or a local government intends to conduct any of the following acts in a fishery harbor district, it shall have prior consultation with the relevant designating authority: <Amended on Mar. 24, 2014>
1. Where it formulates a basic reclamation plan under Article 22 of the Public Waters Management and Reclamation Act;
2. Where it determines an urban/Gun management plan under Article 30 of the National Land Planning and Utilization Act;
3. Where it designates an industrial site under Articles 6, 7, 7-2, and 8 of the Industrial Sites and Development Act.
(2) Where the State or a local government intends to establish a mining right, fishing right, etc. or to grant a license, permission, etc. in a fishery harbor district pursuant to the Mining Industry Act, the Fisheries Act, the Public Waters Management and Reclamation Act or other statutes or regulations, it shall have prior consultation with the relevant designating authority. <Amended on Aug. 27, 2019>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 34 (Application Mutatis Mutandis, etc.)
Articles 8 and 11 shall apply mutatis mutandis to the implementation of a fishery harbor development project. In such cases, "Article 7 (5)" in Article 8 shall be construed as "Article 19 (6)", "plan for a comprehensive fishing village development project" as "plan for a fishery harbor development project", and "Article 7 (3)" as "Article 21 (1)"; and "implementer of a comprehensive fishing village development project" in Article 11 shall be construed as "implementer of a fishery harbor development project", and "comprehensive fishing village development project" as "fishery harbor development project". <Amended on Mar. 23, 2013; Mar. 24, 2014; Dec. 11, 2018>
[This Article Wholly Amended on Jul. 14, 2011]
SECTIONS 3 Management and Use of Fishery Harbor Facilities
 Article 35 (Fishery Harbor Management Authority and Duty to Maintain Clean Fishery Harbors)
(1) A fishery harbor management authority shall be as follows: <Amended on May 23, 2012>
1. State-owned fishery harbors and local fishery harbors: A Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun;
2. Fishery harbors located in fishing villages and village joint-use fishery harbors: A Special Self-Governing Province Governor or the head of a Si/Gun/Gu.
(2) A fishery harbor management authority shall efficiently maintain, manage, and operate fishery harbors, conduct research and surveys necessary for the development of fishery harbors, and manage statistical data.
(3) If necessary to maintain, manage, and operate fishery harbors under paragraph (2), a fishery harbor management authority may entrust the following persons with all or some of its duties or have them perform such duties on its behalf: <Newly Inserted on Apr. 17, 2018>
1. The Korea Fisheries Infrastructure Public Agency established under Article 57;
2. A local public enterprise incorporated under the Local Public Enterprises Act;
3. Other persons determined by Ordinance of the Ministry of Oceans and Fisheries.
(4) Notwithstanding paragraph (1), the Minister of Oceans and Fisheries may directly perform the duty to maintain clean fishery harbors by removing scrap materials from the waters in the districts of State-owned fishery harbors and local fishery harbors (hereinafter referred to as "duty to maintain clean fishery harbors") or provide assistance thereto, within budgetary limits. <Amended on Mar. 23, 2013; Mar. 24, 2014; Apr. 17, 2018>
(5) The Minister of Oceans and Fisheries may operate a fishery harbor management ship to ensure the efficient performance of the duty to maintain clean fishery harbors. <Amended on Mar. 23, 2013; Mar. 24, 2014; Apr. 17, 2018>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 36 (Regulations for Fishery Harbor Management)
A Metropolitan City, a Special Self-Governing Province, or a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply) shall prescribe the regulations on fishery harbor management necessary to efficiently manage fishery harbors, as prescribed by municipal ordinances, including matters determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 17, 2010]
 Article 37 (Committee for Deliberation on Fishery Harbor Management)
(1) A committee for deliberation on fishery harbor management shall be established in a fishery harbor to respond to requests for advice by the fishery harbor management authority with regard to important matters concerning the maintenance, management, and use of the fishery harbor.
(2) Matters necessary for the composition and operation of committees for deliberation on fishery harbor management shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 38 (Permission to Use Fishery Harbor Facilities)
(1) Any person who intends to use or occupy a fishery harbor facility shall obtain permission from a fishery harbor management authority: Provided, That in any of the following cases, he or she shall file a report with the fishery harbor management authority, and in such cases, the period for using or occupying such fishery harbor facility shall be prescribed by ordinance of the relevant Metropolitan City, Special Self-Governing Province, or Si/Gun/Gu: <Amended on Mar. 24, 2014>
1. Where a vessel is poised to berth or moor at a basic facility, such as a quaywall, wharf, groin, landing stage, or bulkhead;
2. Where a vessel is poised to dock or anchor at an inner harbor of the counter facilities (excluding a berthing area), such as a breakwater;
3. Where goods, etc. are stored or any temporary structure is established at a basic facility or a site in the fishery harbor district allowing open-air storage;
4. Where a non-designating authority uses land or facilities devolved to the State or a local government or benefits therefrom free of charge under Article 26 (4).
(2) A fishery harbor management authority shall notify the reporting person as to whether or not to accept a report, within three days after receipt of the report under the proviso of paragraph (1). <Newly Inserted on Dec. 11, 2018>
(3) If a fishery harbor management authority fails to notify the reporter of whether or not to accept a report or of the extension of the treatment period under the statutes or regulations related to civil petition treatment within the period prescribed in paragraph (2), the report shall be deemed accepted on the day following the end of such period (referring to the relevant extended or re-extended period where the treatment period is extended or re-extended under the statutes or regulations related to civil petition treatment). <Newly Inserted on Dec. 11, 2018>
(4) Notwithstanding the proviso of paragraph (1), in any of the following cases, fishery harbor facilities may be used or occupied without filing a report: <Amended on Mar. 23, 2013; May 29, 2016; Dec. 11, 2018>
1. Where any fishing vessel uses fishery harbor facilities;
2. Where any vessel owned by the State or a local government uses fishery harbor facilities;
3. Where any vessel owned by an organization relevant to maritime affairs and fisheries to which the State or a local government grants contributions or subsidies or entrusts affairs uses fishery harbor facilities;
4. Where any designating authority uses fishery harbor facilities for the development of the relevant fishery harbor.
(5) Where a fishery harbor management authority grants permission to use or occupy a fishery harbor facility under paragraph (1), it shall ensure that such permission is consistent with a fishery harbor development plan and shall grant such permission to the extent that it does not impede the functions of the relevant fishery harbor and the public use thereof. <Amended on Dec. 11, 2018>
(6) Where a fishery harbor management authority intends to grant permission to use or occupy a fishery harbor facility under the main clause of paragraph (1), it may preferentially grant such permission to a public organization under Article 23 (6). <Amended on Dec. 11, 2018>
(7) Notwithstanding the main clause of paragraph (1), where the State or a local government intends to use or occupy a fishery harbor facility, it shall consult with the relevant fishery harbor management authority. <Amended on Dec. 11, 2018>
(8) A fishery harbor management authority shall, in cases of permission under the main clause of paragraph (1), set the period for use or occupation not exceeding five years and, in cases of consultation under paragraph (7), set the period for use or occupation not exceeding 10 years; and if such period expires, it may extend the period as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 11, 2018>
(9) Where a fishery harbor management authority grants permission under the main clause of paragraph (1), it may attach conditions necessary to protect the functions of the relevant fishery harbor. <Amended on Dec. 11, 2018>
(10) Where a fishery harbor management authority grants permission to use or occupy a facility of a State-owned fishery harbor or a local fishery harbor, it shall notify the relevant designating authority as to whether permission to use or occupy is granted. <Amended on Dec. 11, 2018>
(11) Standards for granting permission to use or occupy fishery harbor facilities shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 39 Deleted. <May 29, 2016>
 Article 40 (Cost-Sharing on Damage to Fishery Harbor Facilities)
(1) Where fishery harbor facilities need to be repaired or reinforced as a result of construction works, other than a fishery harbor development project, or any act that causes destruction or transformation of the fishery harbor facilities, the fishery harbor management authority may require the implementer of the construction works or the person who has performed such act to repair or reinforce the fishery harbor facilities. In such cases, expenses incurred shall be borne by the implementer of the construction works or the said person.
(2) Where a public organization under Article 23 (6) uses fishery harbor facilities, the fishery harbor management authority may require the public organization to repair or reinforce the relevant fishery harbor facilities. In such cases, expenses incurred in repairing and managing the fishery harbor facilities shall be borne by the public organization.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 41 (Cancellation of Permission for Use)
(1) Where any person who obtains permission to use or occupy fishery harbor facilities under Article 38 (1) or files a report thereon falls under any of the following cases, the fishery harbor management authority may cancel such permission or issue an order to suspend the use or occupation within a prescribed period not exceeding six months: Provided, That where he or she falls under subparagraph 1, the fishery harbor management authority shall cancel such permission or issue an order to suspend the use or occupation:
1. Where he or she obtains permission by fraud or other improper means or files a false report;
2. Deleted; <May 29, 2016>
3. Where any public organization that uses fishery harbor facilities under Article 40 (2) neglects its duty to repair and manage such fishery harbor facilities or refuses to bear the expenses incurred therein;
4. Where he or she fails to comply with an order for reinstatement or removal under Article 46;
5. Where he or she falls under any of the subparagraphs of Article 51 (1);
6. Where he or she refuses, obstructs, or evades any countermeasure against emergency or disaster under Article 52, without good cause.
(2) Article 53 shall apply mutatis mutandis to compensation for losses incurred as a result of cancellation of permission, etc. under paragraph (1) 5.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 42 (Collection of Fees for Use)
(1) A fishery harbor management authority may collect fees for use or occupation from persons who use or occupy fishery harbor facilities under Article 38, as prescribed by municipal ordinances: Provided, That the fees for use or occupation may be reduced or exempted for persons prescribed by Presidential Decree, such as the State and local governments, as prescribed by Presidential Decree.
(2) If any person fails to pay a fee for use or occupation under paragraph (1) by the payment deadline, the fee may be collected in the same manner as delinquent local taxes are collected.
(3) Where a non-designating authority allows a third party to use part of fishery harbor facilities or benefit therefrom under Article 26 (9), he or she may collect the fee for use or occupation from the third party, as prescribed by municipal ordinances under paragraph (1). <Amended on Dec. 11, 2018>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 43 (Collection of Indemnities)
(1) A fishery harbor management authority may collect an indemnity corresponding to 100/100 to 150/100 of the fee for use or occupation under Article 42 (1) as prescribed by municipal ordinance from any person who uses or occupies fishery harbor facilities without obtaining permission or filing a report under Article 38 (1): Provided, That any person who uses or occupies fishery harbor facilities under Article 26 (4) shall be excluded.
(2) Article 42 (2) shall apply mutatis mutandis to the collection of indemnities under paragraph (1).
[This Article Wholly Amended on Jul. 14, 2011]
 Article 44 (Devolvement of Fees for Use)
(1) Fees for use or occupation and indemnities regarding fishery harbor facilities shall be deemed revenues earned by the relevant Metropolitan City, Special Self-Governing Province or Si/Gun/Gu. <Amended on Mar. 24, 2014>
(2) Revenues under paragraph (1) shall be used to cover the expenses incurred in the management of fishery harbor facilities, as prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 45 (Forbidden Act)
No person shall engage in any of the following acts for fishery harbor facilities or in fishery harbor districts without good cause: <Amended on Oct. 22, 2012; Aug. 27, 2019; Mar. 24, 2020>
1. Hampering the functions of fishery harbors by destroying fishery harbor facilities;
2. Remodeling the structure of fishery harbor facilities or relocating them;
3. Abandoning a scrapped vessel;
4. Reclaiming and excavating land in a fishery harbor district;
5. Leaving any obstacle unattended in a fishery harbor district or occupying and using a fishery harbor district without permission;
6. Dumping wastes into any place, other than a designated place;
7. Culturing marine flora and fauna in fishery harbors and their contiguous waters (excluding engaging in fisheries for experiment, research or training under Article 45 of the Fisheries Act to the extent that they do not impede the functions of the fishery harbors);
8. Other activities prescribed by Presidential Decree that are likely to hamper the conservation of fishery harbors or the use thereof.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 46 (Reinstatement)
(1) In order to protect the functions of a fishery harbor, a fishery harbor management authority may issue an order to reinstate the fishery harbor or remove the relevant goods to any person who violates Article 45 within a prescribed period.
(2) Notwithstanding paragraph (1), in any of the following cases, a fishery harbor management authority may take any necessary measure, such as removal of scrapped vessels, obstacles, and wastes:
1. Where it is impracticable to issue an order under paragraph (1) on the ground that the person who violates Article 45 is unknown or his or her whereabouts is unknown;
2. Where a public emergency exists for the protection of the functions of the fishery harbor.
(3) Necessary matters concerning measures under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 47 (Establishment and Operation of Integrated Information System of Fishery Harbors)
(1) Where it is necessary for systematically collecting and managing statistical data, etc. of fishery harbors and for information management, civil petition treatment, etc. related to the formation and implementation of polices on fishery harbors, the Minister of Oceans and Fisheries may establish and operate an integrated information system of fishery harbors. <Amended on Mar. 23, 2013; Nov. 28, 2017>
(2) Where a designating authority, a fishery harbor management authority, or a user of the integrated information system of fishery harbors treats civil petitions, such as reporting, approval, permission, issuance, and notification under this Act, by using the integrated information system of fishery harbors as prescribed by Presidential Decree, they shall be deemed treated under this Act. <Amended on Nov. 28, 2017>
(3) Matters necessary for the establishment, operation, use, etc. of the integrated information system of fishery harbors shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 28, 2017>
[This Article Wholly Amended on Jul. 14, 2011]
[Title Amended on Nov. 28, 2017]
CHAPTER IV-II REGENERATION OF FISHING VILLAGES AND FISHERY HARBORS
 Article 47-2 (Formulation of Development Plan for Fishing Village and Fishery Harbor Regeneration)
(1) The Minister of Oceans and Fisheries shall formulate a development plan for fishing village and fishery harbor regeneration including the following matters in accordance with a basic plan in order to comprehensively and systematically implement fishing village and fishery harbor regeneration projects:
1. Fundamental conception and development direction-setting for fishing village and fishery harbor regeneration;
2. Current state of the selection of regional areas subject to fishing village and fishery harbor regeneration projects;
3. Annual investment plans for fishing village and fishery harbor regeneration projects;
4. Effects and outlook of fishing village and fishery harbor regeneration projects;
5. Plans for assessing fishing village and fishery harbor regeneration projects;
6. Plans for promoting cooperation projects among relevant ministries and agencies concerning fishing village and fishery harbor regeneration;
7. Other matters deemed necessary by the Minister of Oceans and Fisheries, such as the procedures for implementation of fishing village and fishery harbor regeneration projects and follow-up management.
(2) Where the Minister of Oceans and Fisheries formulates or modifies a development plan for fishing village and fishery harbor regeneration under paragraph (1), he or she shall submit it for deliberation by the Maritime Affairs and Fisheries Development Committee (hereinafter referred to as the “Committee”) established under Article 7 of the Framework Act on Marine Fishery Development after consulting in advance with the heads of relevant central administrative agencies, the Mayor/Do Governor, and the head of a Si/Gun/Gu: Provided, That the same shall not apply to any modification of minor matters prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 27, 2019]
 Article 47-3 (Formulation of Plans for Fishing Village and Fishery Harbor Regeneration Projects)
(1) The Mayor/Do Governor or the head of a Si/Gun/Gu shall formulate a plan for fishing village and fishery harbor regeneration projects in accordance with the development plan for fishing village and fishery harbor regeneration under Article 47-2 (1).
(2) Where the Mayor/Do Governor or the head of a Si/Gun/Gu formulates or modifies a plan for fishing village and fishery harbor regeneration projects under paragraph (1), he or she shall consult in advance with the Minister of Oceans and Fisheries: Provided, That the same shall not apply to any modification of minor matters prescribed by Presidential Decree.
(3) If necessary to efficiently implement fishing village and fishery harbor regeneration projects by reason of nationwide interests, etc., the Minister of Oceans and Fisheries may formulate a plan for fishing village and fishery harbor regeneration projects concerning the relevant matters, notwithstanding paragraph (1).
(4) Where the Minister of Oceans and Fisheries, the Mayor/Do Governor, or the head of a Si/Gun/Gu (hereafter in this Chapter referred to as “person who has the authority to formulate a project plan”) intends to formulate or modify a plan for fishing village and fishery harbor regeneration projects, he or she shall consult in advance with the heads of relevant administrative agencies after hearing the opinions of a regional consultative body for fishing village and fishery harbor regeneration established under Article 47-5: Provided, That the same shall not apply to any modification of minor matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(5) Where a person who has the authority to formulate a project plan formulates or modifies a plan for fishing village and fishery harbor regeneration projects, he or she shall publicly notify the details thereof.
[This Article Newly Inserted on Aug. 27, 2019]
 Article 47-4 (Establishment of Supporting Entities to Promote Fishing Village and Fishery Harbor Regeneration Projects)
(1) The Minister of Oceans and Fisheries may designate a public institution prescribed by Presidential Decree as a supporting entity to promote fishing village and fishery harbor regeneration projects (hereinafter referred to as “supporting entity”) so as to perform the following:
1. Developing policies for fishing village and fishery harbor regeneration projects;
2. Conducting surveys and research for institutional development of fishing village and fishery harbor regeneration projects;
3. Supporting the formulation, etc. of a plan for fishing village and fishery harbor regeneration projects;
4. Supporting the operation and management of fishing village and fishery harbor regeneration projects;
5. Supporting the operation of the Committee;
6. Supporting the operation, etc. of the regional consultative bodies for fishing village and fishery harbor regeneration established under Article 47-5;
7. Other activities prescribed by the Minister of Oceans and Fisheries.
(2) The Minister of Oceans and Fisheries may fully or partially subsidize expenses incurred in the operation of supporting entities.
(3) Other matters necessary for the organization and operation of supporting entities shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 27, 2019]
 Article 47-5 (Establishment of Regional Consultative Bodies for Fishing Village and Fishery Harbor Regeneration)
(1) A person who has the authority to formulate a project plan may establish a regional consultative body for fishing village and fishery harbor regeneration (hereinafter referred to as “consultative body”) that consists of local residents, experts in fishing village and fishery harbor regeneration, etc. so as to perform the following:
1. Supporting the development of fishing village and fishery harbor regeneration projects;
2. Hearing opinions of residents in areas subject to fishing village and fishery harbor regeneration projects;
3. Operating communities for fishing village and fishery harbor regeneration projects;
4. Other matters prescribed by Presidential Decree.
(2) Other matters necessary for the organization and operation of consultative bodies shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 27, 2019]
 Article 47-6 (Implementation of Fishing Village and Fishery Harbor Regeneration Projects)
(1) A fishing village and fishery harbor regeneration project shall be implemented by the person who has the authority to formulate a project plan: Provided, That when necessary to efficiently implement the fishing village and fishery harbor regeneration project, he or she may require any of the following persons to fully or partially implement the project:
1. Cooperatives and the National Federation established under Article 2 of the Fisheries Cooperatives Act;
2. Fishing village fraternities organized under Article 15 of the Fisheries Cooperatives Act;
3. The Korea Fisheries Infrastructure Public Agency established under Article 57;
4. The Korea Rural Community Corporation established under Article 3 of the Korea Rural Community Corporation and Farmland Management Fund Act;
5. Other persons prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries may fully or partially subsidize necessary project expenses to be incurred in the implementation of fishing village and fishery harbor regeneration projects for the implementers of such projects under paragraph (1), or provide loans for such implementers.
[This Article Newly Inserted on Aug. 27, 2019]
 Article 47-7 (Provisions Applicable Mutatis Mutandis)
Articles 8 and 10 through 15 shall apply mutatis mutandis to fishing village and fishery harbor regeneration projects. In such cases, “comprehensive fishing village development project” shall be construed as “fishing village and fishery harbor regeneration project”, “plan for comprehensive fishing village development projects” as “plan for fishing village and fishery harbor regeneration projects”, “Minister of Oceans and Fisheries or the head of a Si/Gun/ Gu” as “person who has the authority to formulate a project plan”, “implementer of a comprehensive fishing village development project” as “implementer of a fishing village and fishery harbor regeneration project under Article 47-6 (1)”, and “facilities created by comprehensive development of fishing villages” as “facilities created by regeneration of fishing villages and fishery harbors”; “Article 7 (5)” in Article 8 shall be construed as “Article 47-3 (5)”, and “Article 7 (3)” as “Article 47-3 (4)”; “implementation plan” in Article 10 shall be construed as “plan for fishing village and fishery harbor regeneration projects”, and “according to the following classifications” as “from the person who has the authority to formulate a project plan”; and “proviso of Article 9 (1)” in Articles 10, 12, 14, and 15 shall be construed as “proviso of Article 47-6 (1)”.
[This Article Newly Inserted on Aug. 27, 2019]
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 48 (Reporting and Submission of Data)
The Minister of Oceans and Fisheries may require the Mayor/Do Governor or the head of a Si/Gun/Gu to file a necessary report regarding the performance of duties under this Act or submit data thereof. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 49 (Subsidization of Project Expenses)
(1) The Minister of Oceans and Fisheries and the heads of local governments shall appropriate, in the budget, project expenses necessary to efficiently implement projects for the development, management and operation of fishing villages and fishery harbors under this Act. <Amended on Mar. 23, 2013; Mar. 24, 2014>
(2) The Minister of Oceans and Fisheries or the heads of local governments may fully or partially subsidize necessary project expenses to be incurred in the implementation of comprehensive fishing village development projects or fishery harbor development projects for the implementers of such projects or provide loans thereto: Provided, That subsidization for the fishery harbor development projects by the Mayor/Do Governor or the head of a Si/Gun/Gu shall be limited to basic facility improvement projects. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 49-2 (Invigoration of Fishing Villages and Fishery Harbor Tourism, and Assistance thereto)
(1) The Minister of Oceans and Fisheries or the heads of local governments shall formulate and implement policies necessary for the development, etc. of tourism and resort resources capitalizing on the unique characteristics of fishing villages and fishery harbors, in order to increase the income of residents in fishing villages, boost the local economy of fishing villages, and foster sound emotional development of citizens. <Amended on Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries or the heads of local governments shall endeavor to invigorate tourism for fishing villages and fishery harbors, such as development and promotion of the natural landscape, ecology, specialty, indigenous customs, etc. of fishing villages and fishery harbors, urban residents' experience of the culture of fishing villages, development of facilities and programs designed to facilitate exchanges between cities and fishing villages, etc., in order to achieve the purposes prescribed in paragraph (1). <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 49-3 (Education and Training of Persons related to Fishing Villages and Fishery Harbors)
(1) Where necessary to improve the capabilities of relevant persons responsible for the development and management of fishing villages and fishery harbors and to enhance the usefulness and efficiency of facilities of fishing villages and fishery harbors, the Minister of Oceans and Fisheries may operate education and training courses.
(2) Matters concerning the formulation of education and training plans and the contents, etc. of education and training courses for the operation of education and training courses under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on Mar. 24, 2014]
 Article 49-4 (Training of Sea Storytellers)
(1) In order to invigorate fishing villages and fishery harbor tourism and marine tourism, the Minister of Oceans and Fisheries may train and make use of sea storytellers who provide professional explanations concerning fishery resources, fishery using fishing gear, history and culture of fishing villages and fishery harbors, etc. for tourists visiting fishing villages, fishery harbors, and the sea.
(2) Necessary matters for the training courses, granting of qualification, etc. for sea storytellers under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on May 29, 2016]
 Article 50 (Dispositions Imposed for Violation of Statutes or Regulations)
Where any implementer of a comprehensive fishing village development project under the proviso of Article 9 (1), any implementer of a fishing village and fishery harbor regeneration project under the proviso of Article 47-6 (1), any non-designating authority, or any third party commissioned to undertake a project under Article 25 falls under any of the following cases, the Minister of Oceans and Fisheries or the head of the relevant local government may cancel approval or permission granted under this Act or issue an order to suspend the project or to take any measure to remodel, change, relocate, and remove the facilities: Provided, That in cases falling under subparagraph 1, the Minister shall cancel such approval or permission: <Amended on Mar. 23, 2013; Aug. 27, 2019; Mar. 24, 2020>
1. Where he or she obtains such approval or permission under this Act by fraud or other improper means;
2. Where he or she implements the project without obtaining approval for an implementation plan for a comprehensive fishing village development project, in violation of Article 9 (3);
3. Where it is deemed impracticable to continue to implement the project, on the ground that he or she fails to commence the construction works by the designated date without good cause or he or she is deemed incapable of completing the construction works;
4. Where the continued implementation of the project is deemed substantially likely to harm the environment.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 51 (Dispositions for Public Good)
(1) In any of the following cases, the Minister of Oceans and Fisheries or the head of the relevant local government may cancel approval or permission under this Act or issue an order to modify or abolish the project plan, to suspend the project, or to remodel the facilities: <Amended on Mar. 23, 2013>
1. Where it is necessary to cope with changes in the relevant project area or promote the efficient management of the relevant fishing village and fishery harbor;
2. Where the collapse of the facilities caused by a natural disaster or any other emergency is deemed likely to cause damage to many people.
(2) Article 53 shall apply mutatis mutandis where any person suffers a loss as a result of a disposition made under paragraph (1). <Amended on May 29, 2016>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 52 (Countermeasures against Emergencies and Disasters)
If necessary to implement a fishing village or fishery harbor development project or to manage fishery harbors due to a natural disaster or any other emergency, an implementer of a comprehensive fishing village development project, implementer of a fishery harbor development project, implementer of a fishing village and fishery harbor regeneration project under Article 47-6 (1), or fishery harbor management authority may temporarily use other person's land, house, vessel, soil and stone, bamboo and timber, carrier, and any other artificial structure, or change or remove obstacles. <Amended on Aug. 27, 2019; Mar. 24, 2020>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 53 (Compensation for Losses)
(1) If any person suffers a loss as a result of a countermeasure taken under Article 52, an implementer of a comprehensive fishing village development project, implementer of a fishery harbor development project, implementer of a fishing village and fishery harbor regeneration project under Article 47-6 (1), or fishery harbor management authority shall reach an agreement with the sufferer and compensate for the relevant loss. <Amended on Aug. 27, 2019>
(2) If no agreement under paragraph (1) is reached, the amount determined by the implementer of the comprehensive fishing village development project, implementer of the fishery harbor development project, implementer of the fishing village and fishery harbor regeneration project under Article 47-6 (1), or fishery harbor management authority shall be paid to the sufferer: Provided, That where the sufferer refuses to receive the payment or the payment is impossible otherwise, it shall be publicly deposited at the competent court and the counter party shall be notified of such fact. <Amended on Aug. 27, 2019>
(3) Any person who objects to compensation under paragraph (2) may file an application for adjudication to the competent land tribunal within 30 days from the date the payment of compensation or deposit is notified, as prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 54 (Hearings)
Where the Minister of Oceans and Fisheries or the head of a local government intends to cancel approval or permission under Article 41 (1), 50, or 51 (1), he or she shall hold a hearing. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 55 (Transfer of Rights or Duties)
(1) Where any person who has rights and duties created as a result of approval or permission granted under this Act has deceased or his or her rights and duties have been transferred, or where a corporation having such rights and duties has merged with another company, the relevant successor, the person who has acquired such rights and duties, or the surviving corporation after merger or the corporation newly established by the merger shall succeed to such status.
(2) Any person who succeeds to the status under paragraph (1) shall report to the Minister of Oceans and Fisheries or the head of the relevant local government, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries or the head of a local government shall notify the reporter of whether or not to accept a report within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date of receipt of the report under paragraph (2). <Newly Inserted on Dec. 11, 2018>
(4) If the Minister of Oceans and Fisheries or the head of a local government fails to notify the reporter of whether or not to accept a report or of the extension of the treatment period under the statutes or regulations related to civil petition treatment within the period prescribed in paragraph (3), the report shall be deemed accepted on the day following the end of such period (referring to the relevant extended or re-extended period where the treatment period is extended or re-extended under the statutes or regulations related to civil petition treatment). <Newly Inserted on Dec. 11, 2018>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 56 (Delegation and Entrustment of Authority)
(1) The Minister of Oceans and Fisheries may delegate part of his or her authority under this Act to the Mayor/Do Governor or the heads of its affiliate agencies, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(2) The Mayor/Do Governor to which authority is delegated under paragraph (1) may re-delegate part of such authority to the heads of Sis/Guns/Gus after obtaining approval from the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>
(3) The duties of the Minister of Oceans and Fisheries prescribed in this Act may be partially entrusted to the Korea Fisheries Infrastructure Public Agency established under Article 57, fisheries cooperatives, or the Korea Rural Community Corporation established under Article 3 of the Korea Rural Community Corporation and Farmland Management Fund Act, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Apr. 17, 2018>
[This Article Wholly Amended on Jul. 14, 2011]
 Article 57 (Establishment of the Korea Fisheries Infrastructure Public Agency)
(1) The Korea Fisheries Infrastructure Public Agency (hereinafter referred to as the “Public Agency”) shall be established to efficiently develop and manage fishing villages and fishery harbors, preserve and use fishing grounds, conduct research into and development of related technologies, invigorate tourism, etc. <Amended on Mar. 24, 2014; Apr. 17, 2018>
(2) The Public Agency shall be a corporation. <Amended on Apr. 17, 2018>
(3) Matters necessary for establishing and registering the Public Agency shall be prescribed by Presidential Decree. <Amended on Apr. 17, 2018>
(4) Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Public Agency. <Amended on Apr. 17, 2018>
[This Article Wholly Amended on Jul. 14, 2011]
[Title Amended on Apr. 17, 2018]
 Article 58 (Projects of the Public Agency)
(1) The Public Agency shall perform the following projects in order to achieve the objectives of establishment under Article 57 (1): <Amended on Mar. 24, 2014; Apr. 17, 2018; Dec. 22, 2020>
1. Surveys, research, and informatization regarding fishing villages, fishery harbors, and fishing grounds;
2. Development and management of fishing villages and fishery harbors, and development of technologies and international cooperation related thereto;
3. Education and training for persons related to fishing villages and fishery harbors;
4. Service affairs concerning surveys, measurement, design, supervision, and technology incidental to comprehensive fishing village development projects and fishery harbor development projects, or entrusted affairs regarding safety checks, maintenance and repair of facilities and the dredge;
5. Projects entrusted by the State, local governments, or public organizations;
6. Projects related to the purification, maintenance, and surveys of fishing villages, fishery harbors, and coastal waters;
7. Publishing, distribution, and publication of books related to fishing villages and fishery harbors;
8. Projects for the development and management of tourism resources related to fishing villages, fishery harbors, and fishing grounds, and for the revitalization of tourism;
9. Projects for improving residents’ transportation convenience in fishing villages and for enhancing the traffic accessibility of residents of fishery harbor facilities;
10. Other projects necessary to achieve the objectives of incorporation of the Public Agency.
(2) The Minister of Oceans and Fisheries may provide assistance to the Public Agency to ensure the efficient undertaking of projects under paragraph (1). <Amended on Mar. 23, 2013; Apr. 17, 2018>
[This Article Wholly Amended on Jul. 14, 2011]
[Title Amended on Apr. 17, 2018]
 Article 58-2 (Articles of Incorporation)
(1) The articles of incorporation of the Public Agency shall contain the following:
1. Objectives;
2. Name;
3. Matters concerning its principal office, regional headquarters, affiliated institutions, etc.;
4. Matters concerning its executive officers and employees;
5. Matters concerning its board of directors;
6. Matters concerning its affairs and the execution thereof;
7. Matters concerning its property and accounting;
8. Matters concerning modifications in its articles of incorporation and the methods of public announcement;
9. Matters concerning the enactments and amendments of internal rules and regulations.
(2) The articles of incorporation of the Public Agency shall be subject to authorization from the Minister of Oceans and Fisheries. The same shall also apply to any modification in the articles of incorporation of the Public Agency.
[This Article Wholly Amended on Apr. 17, 2018]
 Article 58-3 (Executive Officers)
(1) The Public Agency shall have not more than 15 directors, including the chief director, and one auditor, as its executive officers. In such cases, the chief director shall be a standing member, and the fixed number of the other standing and non-standing executive officers shall be determined by the articles of incorporation.
(2) The chief director shall be appointed by the Minister of Oceans and Fisheries and shall represent the Public Agency and exercise general supervision over the affairs thereof.
(3) Matters concerning the appointment, dismissal, and duties of executive officers other than the chief director shall be determined by the articles of incorporation.
[This Article Newly Inserted on Apr. 17, 2018]
 Article 58-4 (Appointment or Dismissal of Employees)
Employees of the Public Agency shall be appointed or dismissed by the chief director, as determined by the articles of incorporation.
[This Article Newly Inserted on Apr. 17, 2018]
 Article 58-5 (Fundraising)
(1) Funds for the operation and activities of the Public Agency shall be raised through the following methods:
1. Contributions or subsidies by the Government or by persons other than the Government;
2. Profits accrued from projects prescribed in the subparagraphs of Article 58 (1);
3. Donations by persons other than the Government (limited to donations voluntarily entrusted pursuant to the proviso of Article 5 (2) of the Act on Collection and Use of Donations);
4. Other revenues prescribed by the articles of incorporation.
(2) Matters necessary for the payment, management, and use of contributions by the Government under paragraph (1) 1 shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 17, 2018]
 Article 58-6 (Approval of Project Operating Plan)
The Public Agency shall obtain approval from the Minister of Oceans and Fisheries concerning the project operating plan and budget for each fiscal year, as prescribed by Presidential Decree. The same shall also apply to any modification in the project operating plan and budget approved.
[This Article Newly Inserted on Apr. 17, 2018]
 Article 58-7 (Direction and Supervision)
(1) The Minister of Oceans and Fisheries shall direct and supervise the Public Agency regarding the following:
1. Affairs entrusted to the Public Agency by the Minister of Oceans and Fisheries under the relevant statutes or regulations;
2. Implementation of management guidelines pursuant to Article 50 of the Act on the Management of Public Institutions;
3. Formulation and execution of and budgeting for a project plan for each fiscal year;
4. Other matters prescribed by other statutes or regulations.
(2) If necessary, the Minister of Oceans and Fisheries may require the Public Agency to report matters specified in the subparagraphs of paragraph (1) or require a public official under his or her jurisdiction to inspect account books, documents, facilities, and other things of the Public Agency.
(3) If the Minister of Oceans and Fisheries finds any unlawful or unfair fact as a result of the direction, supervision, or inspection under paragraphs (1) and (2), he or she may issue a corrective order to the Public Agency.
(4) A public official who conducts an inspection pursuant to paragraph (2) shall carry an identification indicating his or her authority and present it to relevant persons.
[This Article Newly Inserted on Apr. 17, 2018]
 Article 58-8 (Prohibition against Use of Similar Names)
No person, other than the Public Agency, shall use the name “Korea Fisheries Infrastructure Public Agency” or other similar ones.
[This Article Newly Inserted on Apr. 17, 2018]
 Article 58-9 (Duty to Maintain Confidentiality)
No current or former executive officer or employee of the Public Agency shall divulge or make fraudulent use of confidential information he or she becomes aware of in the course of performing any of his or her duties.
[This Article Newly Inserted on Apr. 17, 2018]
 Article 59 (Legal Fiction as Public Officials in Application of Penalty Provisions)
For the purposes of Articles 129 through 132 of the Criminal Act, any executive officer or employee of the Public Agency, fisheries cooperatives, and the Korea Rural Community Corporation engaging in the affairs entrusted by the Minister of Oceans and Fisheries under Article 56 (3) shall be deemed a public official in connection with such affairs. <Amended on Mar. 23, 2013; Apr. 17, 2018>
[This Article Wholly Amended on Jul. 14, 2011]
CHAPTER VI? PENALTY PROVISIONS
 Article 60 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Aug. 15, 2014>
1. Any person who conducts a prohibited act specified in subparagraph 1 of Article 45 without good cause;
2. Any person who conducts a prohibited act specified in subparagraph 2 of Article 45 without good cause.
(2) 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 Oct. 15, 2014; Dec. 17, 2014>
1. Any person who obtains permission under the main clause of Article 23 (2) or 38 (1), with the exception of its subparagraphs, by fraud or other improper means;
2. Any person who implements a fishery harbor development project without obtaining permission under the main clause of Article 23 (2), with the exception of its subparagraphs;
3. Any person who uses or occupies fishery harbor facilities without obtaining permission under the main clause of Article 38 (1), with the exception of its subparagraphs;
4. Any person who conducts any of prohibited acts specified in subparagraphs 3 through 8 of Article 45 without good cause and who fails to comply with an order for reinstatement or removal under Article 46 (1);
5. Any person who violates an order issued under Article 50;
6. Any person who refuses, obstructs, or evades any countermeasure against any emergency or disaster under Article 52 without good cause;
7. Any person who divulges or makes fraudulent use of confidential information he or she becomes aware of in the course of performing any of his or her duties, in violation of Article 58-9.
[This Article Wholly Amended on Jul. 14, 2011]
 Article 61 (Joint Penalty Provisions)
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 60, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation.
[This Article Wholly Amended on Mar. 17, 2010]
 Article 62 (Administrative Fines)
(1) Any person who uses a similar name in violation of Article 58-8 shall be subject to an administrative fine not exceeding five million won. <Newly Inserted on Apr. 17, 2018>
(2) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Apr. 17, 2018; Dec. 11, 2018>
1. Where he or she fails to make public announcement of an implementation plan or to take a measure for residents’ perusal, in violation of Article 9 (4);
2. Where he or she uses land or facilities prior to project completion without obtaining permission or filing a report, in violation of the proviso of Article 10 (3) or 25-3 (3);
3. Where he or she uses or occupies fishery harbor facilities without filing a report under the proviso of Article 38 (1), with the exception of its subparagraphs.
(3) Any person who allows a third party to use land or facilities in violation of the conditions imposed by a designating authority under the former part of Article 26 (9) and any person who allows a third party to use land or facilities or benefit therefrom in excess of the period for using it or benefiting therefrom free of charge in violation of the latter part of that paragraph shall be subject to an administrative fine not exceeding one million won. <Amended on Apr. 17, 2018; Dec. 11, 2018>
(4) Administrative fines referred to in paragraphs (1) through (3) shall be imposed or collected by the Minister of Oceans and Fisheries, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Apr. 17, 2018>
[This Article Wholly Amended on Jul. 14, 2011]
ADDENDA <Act No. 7571, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Repeal of Statute)
The Fishery Harbors Act shall be hereby repealed.
Article 3 (Transitional Measures concerning Designation of Fishery Harbors)
(1) Fishery harbors and fishery harbor facilities designated or developed under the previous Fishery Harbors Act as at the time this Act enters into force shall be deemed fishery harbors and fishery harbor facilities designated or developed under this Act.
(2) A fishery harbor development plan or fishery harbor facility project formulated or implemented under the previous Fishery Harbors Act as at the time this Act enters into force shall be deemed a fishery harbor development plan or fishery harbor development project formulated or implemented under this Act.
Article 4 (General Transitional Measures)
Any disposition imposed by an administrative agency under the previous Fishery Harbors Act as at the time this Act enters into force or any other act, or various applications made to an administrative agency or any other act shall be deemed an act by the administrative agency or act in relation to the administrative agency under this Act.
Article 5 (Transitional Measures concerning the Korea Fishing Port Association)
(1) The Korea Fishing Port Association established under the previous Fishery Harbors Act as at the time this Act enters into force shall be deemed the Korea Fisheries Infrastructure Promotion Association established under this Act.
(2) Any act or any other legal act conducted by the Korea Fishing Port Association as at the time this Act enters into force shall be deemed conducted by the Korea Fisheries Infrastructure Promotion Association.
(3) The name of the Korea Fishing Port Association in the register or any other public record as at the time this Act enters into force shall be deemed the name of the Korea Fisheries Infrastructure Promotion Association.
(4) A citation of the Korea Fishing Port Association by any other statute or regulation as at the time this Act enters into force shall be deemed a citation of the Korea Fisheries Infrastructure Promotion Association in lieu of the previous provision.
Article 6 (Transitional Measure concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and administrative fines to violations committed before this Act enters into force shall be governed by the previous Fishery Harbors Act.
Article 7 Omitted.
Article 8 (Relationship to Other Statutes and Regulations)
A citation of the previous Fishery Harbors Act or any provision thereof by any other statute or regulation as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision hereof in lieu of the previous provision, if such corresponding provision exists in this Act.
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.
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8377, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
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. 8791, Dec. 21, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Articles of Incorporation) The articles of incorporation of the Association as at the time this Act enters into force shall be deemed to have obtained authorization of the Minister of Maritime Affairs and Fisheries under the amended provisions of Article 58-2 (1) 1.
(3) (Transitional Measures concerning Head of Association) The head of the Association as at the time this Act enters into force shall be deemed to have obtained the approval of the Minister of Maritime Affairs and Fisheries under the amended provisions of Article 58-2 (1) 3.
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts, which were promulgated before this Act enters into force but whose enforcement dates have not yet arrived, among the Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 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. 9276, Dec. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9626, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 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.
ADDENDUM <Act No. 10124, Mar. 17, 2010>
This Act shall enter into force three months after the date of its promulgation.
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.
ADDENDUM <Act No. 10848, Jul. 14, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11432, May 23, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11503, Oct. 22, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 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.
ADDENDA <Act No. 12543, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Formulation of Fishery Harbor Development Plans)
The amended provisions of the main clause of Article 21 (2) shall begin to apply to fishery harbor development plans formulated or modified by the heads of Sis/Guns/Gus after this Act enters into force.
Article 3 (Applicability to Compliance with Standards of Seismic Design of Fishery Harbors)
The amended provisions of Article 24 (3) shall begin to apply to fishery harbor facilities designed in accordance with fishery harbor development plans formulated or modified after this Act enters into force.
Article 4 (Applicability to Expropriation of Land)
The amended provisions of Article 25-2 shall begin to apply to development projects of land area in fishery harbors implemented in accordance with fishery harbor development plans formulated or modified after this Act enters into force.
Article 5 (Applicability to Reports on Use or Occupancy of Fishery Harbor Facilities by Non-Designating Authority)
The amended provisions of Article 38 (1) 4 shall begin to apply where a non-designating authority files a report with a designating authority on the use of land and facilities or profits accrued therefrom under Article 26 (4) after this Act enters into force.
Article 6 (Transitional Measures concerning Sale of Land)
Notwithstanding the amended provisions of the former part of Article 27 (2), the sale of land created or being created by designating authorities through fishery harbor development projects as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDUM <Act No. 12827, Oct. 15, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13385, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14244, May 29, 2016>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 17 (4) and 49-4 shall enter into force six months after the date of their promulgation.
ADDENDUM <Act No. 15133, Nov. 28, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15605, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning the Korea Fisheries Infrastructure Promotion Association)
(1) The Korea Fisheries Infrastructure Promotion Association established under the previous provisions as at the time this Act enters into force shall be deemed the Korea Fisheries Infrastructure Public Agency established under this Act.
(2) Any act conducted by the Korea Fisheries Infrastructure Promotion Association or other legal relations as at the time this Act enters into force shall be deemed made by the Korea Fisheries Infrastructure Public Agency.
(3) The name of the Korea Fisheries Infrastructure Promotion Association on the register and other public records as at the time this Act enters into force shall be deemed the name of the Korea Fisheries Infrastructure Public Agency.
(4) The property, rights, and duties of the Korea Fisheries Infrastructure Promotion Association as at the time this Act enters into force shall be comprehensively taken over by the Korea Fisheries Infrastructure Public Agency at the same time the Korea Fisheries Infrastructure Public Agency is established. In such cases, the value of the property to which the Korea Fisheries Infrastructure Public Agency has succeeded shall be the book value at the time of succession.
(5) The executive officers and employees of the Korea Fisheries Infrastructure Promotion Association as at the time this Act enters into force shall be deemed elected or appointed as the executive officers and employees of the Korea Fisheries Infrastructure Public Agency. In such cases, the term of office of each such executive officer shall be counted from the date he or she was elected as an executive officer of the Korea Fisheries Infrastructure Promotion Association.
(6) Citations of the Korea Fisheries Infrastructure Promotion Association in other statutes or regulations as at the time this Act enters into force shall be deemed citations of the Korea Fisheries Infrastructure Public Agency in lieu thereof.
Article 3 Omitted.
ADDENDA <Act No. 15917, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of Articles 25-3, 34, 38 (8) (limited to parts in which the period of use or occupation is amended from “three years” to “five years”), and 62 (2) 2 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reports on Use Prior to Completion of Comprehensive Fishing Village Development Projects)
(1) The amended provisions of Articles 10 (4) and (5), 26 (5) and (6), 38 (2) and (3), and 55 (3) and (4) shall begin to apply to reports on use prior to completion of a comprehensive fishing village development project, reports on using or benefiting from devolved fishery harbor facilities free of charge, reports on use or occupation of fishery harbor facilities, or reports on succession to status, filed after this Act enters into force.
(2) The amended provisions of Article 25-3 (4) and (5) shall begin to apply to fishery harbor development projects for which an application for permission for use prior to completion has been filed or a report on use prior to completion has been filed, after such amended provisions enter into force.
Article 3 (Applicability to Permission for Use of Fishery Harbor Facilities)
The amended provisions of Article 38 (8) (limited to parts in which the period of use or occupation is amended from “three years” to “five years”) shall begin to apply where a fishery harbor management authority grants permission for use or occupation or permission for the extension of the period for use or occupation after such amended provisions enter into force.
ADDENDUM <Act No. 16284, Jan. 15, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 16570, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Preliminary Measures to Transfer Affairs)
(1) The head of a relevant central administrative agency shall formulate necessary measures to provide required personnel and financial resources necessary for a full-scale transfer of the central administrative authority and affairs under this Act and shall report said measures to a standing committee of the National Assembly not later than three months before the date of entry into force of this Act.
(2) The Committee on Autonomous Decentralization under Article 44 of the Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems may specialize in investigating and evaluating required personnel and financial resources under paragraph (1).
Article 3 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any disposition or other acts taken or conducted by an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed a disposition or acts taken or conducted by an administrative agency under the provisions of this Act; and any application, report, or other acts filed with or conducted toward an administrative agency under the previous provisions shall be deemed an application, report, or acts filed with or conducted toward an administrative agency under the provisions of this Act.
Article 4 Omitted.
ADDENDA <Act No. 17107, Mar. 24, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4 and 4-2 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17171, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 17749, Dec. 22, 2020>
This Act shall enter into force six months year after the date of its promulgation.