DEVELOPMENT AND MANAGEMENT OF DEEP SEA WATER ACT
Act No. 8629, Aug. 3, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9313, Dec. 31, 2008
Act No. 9626, Apr. 22, 2009
Act No. 9737, May 27, 2009
Act No. 9758, jun. 9, 2009
Act No. 10154, Mar. 22, 2010
Act No. 10219, Mar. 31, 2010
Act No. 10272, Apr. 15, 2010
Act No. 10599, Apr. 14, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12548, Mar. 24, 2014
Act No. 12832, Oct. 15, 2014
Act No. 13383, jun. 22, 2015
Act No. 14480, Dec. 27, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14745, Mar. 21, 2017
Act No. 14804, Apr. 18, 2017
Act No. 16396, Apr. 23, 2019
Act No. 16518, Aug. 20, 2019
Act No. 16568, Aug. 27, 2019
Act No. 17062, Feb. 18, 2020
Act No. 17091, Mar. 24, 2020
Act No. 17171, Mar. 31, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure that the State preserves and manages deep sea water and develops or uses deep sea water in an environmentally friendly manner for future generations and the public interests, thereby contributing to the healthy lives of the people and the support for and development of related industries.
The terms used in this Act are defined as follows: <Amended on Jun. 29, 2008; Mar. 21, 2017>
| 1. | The term "deep sea water" means a body of sea water meeting the standards for water quality under Article 24 (1), which is located below the depth of sea prescribed by Ordinance of the Ministry of Oceans and Fisheries and the qualify of which continues to be maintained; |
| 2. | The term "deep sea drinking water" means a body of water satisfying the standards for water quality under Article 33 (1), which is manufactured or processed to ensure that people can drink deep sea water in their daily lives; |
| 2-2. | The term "treated deep sea water" means desalted water, concentrated water, mineral concentrated water, and other water prescribed by Ordinance of the Ministry of Oceans and Fisheries, which is the output of the processing of the deep sea water through desalination, concentration or other methods and satisfies the standards for water quality under Article 36-3 (1); |
| 3. | The term "sea water intake area" means a sea area with submarine topography and water quality suitable for the steady intake of deep sea water, which is designated under Article 9 (1); |
| 4. | The term "deep sea water development business" means storing, processing (excluding processing for manufacturing deep sea drinking water or treated deep sea water), supplying or selling deep sea water after the intake of deep sea water; |
| 5. | The term "business related to deep sea water" means business using deep sea water, such as deep sea water development business, the business of manufacturing deep sea drinking water, the business of importing deep sea drinking water, the business of manufacturing treated deep sea water, or the business of importing treated deep sea water. |
| Article 3 (Scope of Application) |
Except as provided in this Act, deep sea drinking water shall be governed by the Drinking Water Management Act, if the Act has relevant provisions.
CHAPTER II MASTER PLANS ON DEEP SEA WATER
| Article 4 (Master Plans on Deep Sea Water) |
| (1) | The Minister of Oceans and Fisheries shall formulate and finalize master plans on preserving and managing deep sea water and rationalizing the development and use thereof (hereinafter referred to as "master plans on deep sea water") every five years. In such cases, the Minister of Oceans and Fisheries shall have a prior consultation with the heads of the relevant central administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Deleted. <May 27, 2009> |
| (3) | Master plans on deep sea water shall include the following: <Amended on Mar. 21, 2017; Apr. 18, 2017> |
| 1. | Matters concerning investigation and analysis for the development of deep sea water; |
| 2. | Matters concerning market trends related to deep sea water and the analysis of industrial connection; |
| 3. | Matters concerning the direction for operating deep sea water development business; |
| 4. | Matters concerning the industries related to deep sea water, such as inducement of industries related to deep sea water, creation of clusters of deep sea water industries, and operation of an industrial support center; |
| 5. | Matters concerning the use or industrialization of deep sea water; |
| 6. | Matters concerning the management of marine fishery resources in the sea water intake area and the preservation of the marine environment; |
| 7. | Matters concerning a marine survey of the sea water intake area (including the seafloor) and adjacent sea areas; |
| 8. | Other matters prescribed by Presidential Decree as necessary for preserving, managing, developing or using deep sea water. |
| (4) | The Minister of Oceans and Fisheries shall publicly announce master plans on deep sea water, as prescribed by Presidential Decree, and notify such plans to the heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”). <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 20, 2019> |
| (1) | The Minister of Oceans and Fisheries shall formulate and execute implementation plans every year (hereinafter referred to as "annual plans"), in accordance with the master plans on deep sea water formulated and finalized under Article 4. In such cases, the Minister of Oceans and Fisheries shall have a prior consultation with the heads of the relevant central administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries shall endeavor to secure financial resources necessary for implementing annual plans. <Newly Inserted on Aug. 20, 2019> |
| (3) | The Minister of Oceans and Fisheries shall publicly announce annual plans, as prescribed by Presidential Decree, and notify the heads of the relevant central administrative agencies and Mayors/Do Governors or the heads of Sis/Guns/Gus (the heads of Gus refer to the heads of autonomous Gus; hereinafter the same shall apply) thereof, respectively. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017; Aug. 20, 2019> |
| Article 5-2 (Submitting Master Plans on Deep Sea Water and Annual Plans to the National Assembly) |
| (1) | The Minister of Oceans and Fisheries shall submit a master plan on deep sea water and an annual plan to the competent standing committee of the National Assembly. |
| (2) | When necessary to formulate a master plan on deep sea water and an annual plan, the Minister of Oceans and Fisheries may request the heads of the relevant central administrative agencies and Mayors/Do Governors or the heads of Sis/Guns/Gus to submit relevant data. In such cases, the heads of relevant agencies so requested shall comply with such request, except in extenuating circumstances. |
[This Article Newly Inserted on Aug. 20, 2019]
| Article 6 Deleted. <May 27, 2009> |
| Article 7 Deleted. <May 27, 2009> |
CHAPTER III DEVELOPMENT OF DEEP SEA WATER
SECTION 1 Restrictions on Development of Deep Sea Water and Designation of Sea Water Intake Area
| Article 8 (Restrictions on Development of Deep Sea Water) |
The Minister of Oceans and Fisheries may place restrictions on the development of deep sea water, as prescribed by Presidential Decree, where he or she deems that the development of deep sea water is likely to affect the marine environment, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 9 (Designation of Sea Water Intake Area) |
| (1) | The Minister of Oceans and Fisheries may designate the sea water intake area at the request of the head of a Si/Gun/Gu, for the effective development and use of deep sea water, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the Minister of Oceans and Fisheries shall have a prior consultation with the heads of the relevant central administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the Minister of Oceans and Fisheries deems that compensation needs to be made for a fishing right, an aquaculture business right, a mining right, etc. with regard to a sea water intake area to be designated under paragraph (1), he or she shall order the head of a Si/Gun/Gu who has made requests for the designation of the sea water intake area to submit matters on compensation methods separately, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, written consents of right holders, such as the relevant holders of fishing rights, aquaculture business rights, etc. shall be attached thereto. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 27, 2020> |
| (3) | When the Minister of Oceans and Fisheries designates the sea water intake area under paragraph (1), he or she may determine the maximum capacity of intake by sea water intake area, taking into account the marine environment of the relevant sea water intake area, demand for deep sea water, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | When the Minister of Oceans and Fisheries designates the sea water intake area under paragraph (1), he or she shall publicly announce such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (1) | A person who intends to conduct deep sea water development business in the sea water intake area designated under Article 9 (1) shall obtain a license from the Minister of Oceans and Fisheries. This shall also apply where significant matters prescribed by Presidential Decree are revised, among matters to which a license was granted. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the Minister of Oceans and Fisheries grants a license under paragraph (1), he or she may attach conditions to such license, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | When the Minister of Oceans and Fisheries grants a license for deep sea water development business under paragraph (1), he or she shall formulate plans on licenses for deep sea water development business in the relevant sea water intake area and publicly announce such plans, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (4) | A person who intends to obtain a license under paragraph (1) shall submit a written application for a license, accompanied by documents prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as business plans, to the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Matters concerning procedures for obtaining licenses, methods of applying for a license, and methods of public announcement under paragraphs (1) and (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | When any of the following persons applies for a license for deep sea water development business, aiming at the public development in the sea water intake area, the Minister of Oceans and Fisheries may preferentially grant a license for deep sea water development business to the applicant, after examining the matters under the subparagraphs of Article 12 (1): <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 3. | Other institutions prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are recognized to have public nature. |
| Article 11 (Examination of Licenses) |
The Minister of Oceans and Fisheries shall, when granting a license or a revised license under Article 10 (1), appoint persons with expertise required for examining the matters under the subparagraphs of Article 12 (1) to conduct an examination. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Dec. 27, 2009]
| Article 12 (Standards for Examination of Licenses) |
| (1) | When granting a license under Article 10, the Minister of Oceans and Fisheries shall comprehensively examine the following matters and reflect such matters: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Feasibility of business plans; |
| 2. | Whether applicants have financial and technical capability; |
| 3. | Whether the scale of facilities for deep sea water development is appropriate; |
| 4. | Whether measures are in place to reduce the influences of intake or drainage of deep sea water on the marine environment and whether such measures are appropriate; |
| 5. | The level of contribution to the local community. |
| (2) | Detailed standards for the examination of a license under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 13 (Restrictions on Licenses) |
None of the following persons shall obtain a license for deep sea water development business under Article 10: <Amended on Mar. 24, 2014; Apr. 23, 2019> | 1. | A person under adult guardianship or person under limited guardianship: Provided, That where a person under limited guardianship proves that he or she has legal capacity as prescribed by Ordinance of the Ministry of Oceans and Fisheries, he or she shall not be restricted from obtaining a license; |
| 2. | A person for whom his or her imprisonment with labor declared by a court for any violation of this Act has not been completely executed (including where execution is deemed completed) or the non-execution of such sentence has not become final and conclusive; |
| 3. | A person for whom two years have not elapsed since his or her license for deep sea water development business was revoked under Article 23 (excluding where his or her license was revoked on the ground referred to in subparagraph 1); |
| 4. | A corporation, any executive officer of which falls under any of subparagraphs 1 through 3. |
| Article 14 (Term of Validity of Licenses) |
| (1) | The term of validity of licenses for deep sea water development business shall be 10 years. |
| (2) | A person who intends to continue to conduct deep sea water development business after the term of validity under paragraph (1) elapses shall obtain a license again as prescribed by Presidential Decree. In such cases, the term of validity of each renewed license shall be five years. |
SECTION 3 Authorization of Implementation Plans
| Article 15 (Facility Standards) |
A person who has obtained a license for deep sea water development business (hereinafter referred to as "deep sea water developer") shall have facilities for the intake, drainage, storage, supply, etc. of deep sea water, which meet the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 16 (Authorization of Implementation Plans) |
| (1) | Deep sea water developers shall formulate implementation plans (hereinafter referred to as "implementation plans") on facilities necessary for the development of deep sea water, including facilities for the intake, drainage, storage, supply, etc. of deep sea water, and zones and scale thereof, as prescribed by Presidential Decree, and obtain authorization thereof from the Minister of Oceans and Fisheries. This shall also apply where, among the matters in authorized implementation plans, significant matters prescribed by Presidential Decree are revised. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the Minister of Oceans and Fisheries has authorized implementation plans or revisions thereto, he or she shall publicly notify such authorization, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Matters to be examined, procedures, etc. necessary for authorization of implementation plans under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 17 (Legal Fiction of Permission) |
| (1) | When any deep sea water developer has obtained authorization of implementation plans or revisions thereto, the following decisions, permission, licenses, authorization, reports, and consultations (hereinafter referred to as "permission, etc.") shall be deemed granted or made, and when the Minister of Oceans and Fisheries has publicly notified authorization of the relevant implementation plans or revisions thereto under Article 16 (2), the public notification or announcement of permission, etc. under the relevant statutes shall be deemed made: <Amended on Dec. 31, 2008; Jun. 9, 2009; Apr. 15, 2010; Apr. 14, 2011; Dec. 27, 2016; Aug. 20, 2019; Mar. 31, 2020> |
| 3. | Deleted; <Apr. 15, 2010> |
| (2) | When the Minister of Oceans and Fisheries authorizes implementation plans and the plans include the matters falling under any of the subparagraphs of paragraph (1), he or she shall have a prior consultation with the heads of the relevant administrative agencies, accompanied by the relevant documents submitted by deep sea water developers. In such cases, the heads of the relevant administrative agencies, upon receiving requests for consultations, shall submit their opinions within a period prescribed by Presidential Decree from the date on which such request is made. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (3) | Where the heads of the relevant administrative agencies fail to submit their opinions within a period prescribed under the latter part of paragraph (2) (referring to an extended period if the answering period is extended pursuant to Article 20 (2) of the Civil Petitions Treatment Act), the consultations shall be deemed completed. <Newly Inserted on Apr. 23, 2019> |
| Article 18 (Construction of Facilities and Confirmation of Completion) |
| (1) | Deep sea water developers shall construct the relevant facilities for the intake, drainage, storage, supply, etc. of deep sea water, in accordance with implementation plans or revisions thereto, the authorization of which has been obtained under Article 16. |
| (2) | When deep sea water developers have completed construction of facilities under paragraph (1), they shall obtain confirmation of such completion from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
SECTION 4 Follow-Up Management
| Article 19 (Reporting on Commencement of Business) |
| (1) | When any deep sea water developer intends to commence the relevant business, he or he shall obtain confirmation of the completion of construction under Article 18 (2) and report such fact to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. This shall also apply to the suspension, recommencement, or discontinuation of the relevant business. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017> |
| (2) | Where reporting under paragraph (1) has no defect in the matters to be entered in the report and the documents attached thereto, and satisfies the formality requirements prescribed in statutes, regulations, etc., the duty to report shall be deemed fulfilled as at the time the report arrives at the receiving agency. <Newly Inserted on Mar. 21, 2017> |
| Article 20 (Succession to Business) |
| (1) | When any deep sea water developer has transferred the relevant business to another person or dies, or when a corporate merger has been carried out, the relevant transferee, successor, or corporation surviving or resulting from such merger shall succeed to the rights and duties related to the relevant license. <Amended on Aug. 20, 2019> |
| (3) | A person who has succeeded to the rights and duties related to a license of a deep sea water developer under paragraphs (1) and (2) shall report such fact to the Minister of Oceans and Fisheries, within one month after such succession, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | The Minister of Oceans and Fisheries shall notify whether or not a report is accepted to the person who has submitted it within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date the report is received pursuant to paragraph (3). <Newly Inserted on Mar. 21, 2017> |
| (5) | If the Minister of Oceans and Fisheries fails to notify whether or not a report is accepted or whether the period for the processing thereof is extended pursuant to statutes or regulations related to the processing of civil petitions to the person who has submitted such report within the period prescribed in paragraph (4), the report shall be deemed accepted on the date following expiration of such period. <Newly Inserted on Mar. 21, 2017> |
| (6) | Article 13 shall apply mutatis mutandis to succession under paragraphs (1) and (2). <Amended on Mar. 21, 2017> |
| Article 21 (Submission of Data) |
The Minister of Oceans and Fisheries may order deep sea water developers to submit data on the amounts and quality of the water, sales records, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 22 (Order to Suspend Intake of Deep Sea Water) |
The Minister of Oceans and Fisheries may order deep sea water developers to suspend the intake of deep sea water, as prescribed by Presidential Decree, in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013>
| 1. | Where facilities for the intake, drainage, storage, supply, etc. of deep sea water fail to meet the facility standards under Article 15; |
| 2. | Where the quality of deep sea water fails to meet the standards for the water quality under Article 24 (1); |
| 3. | Where the development of deep sea water is likely to cause serious damage to the marine environment or the marine ecosystem. |
| Article 23 (Revocation of Licenses) |
| (1) | Where any deep sea water developer falls under any of the following cases, the Minister of Oceans and Fisheries may revoke his or her license or issue an order to suspend the license for a fixed period of up to six months: Provided, That he or she shall revoke the license, in cases falling under subparagraph 1 or 2: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Where a deep sea water developer falls under any of the subparagraphs of Article 13: Provided, That this shall not apply to any of the following cases: |
| (a) | Where any executive officer of a corporation falls under any of subparagraphs 1 through 3 of Article 13, and such executive officer is replaced by another person within two months; |
| (b) | Where a successor who has inherited a license for deep sea water development business under Article 20 (1) falls under any of subparagraphs 1 through 3 of Article 13, but he or she transfers the relevant business to another person within three months after succession; |
| 2. | Where a deep sea water developer obtains a license or a revised license for deep sea water development business by fraud or other improper means; |
| 3. | Where a deep sea water developer violates conditions attached to licenses under Article 10 (2); |
| 4. | Where facilities for the intake, drainage, storage, supply, etc. of deep sea water fail to meet the facility standards under Article 15; |
| 5. | Where a deep sea water developer commences a business without obtaining confirmation of the completion of construction under Article 18 (2); |
| 6. | Where a deep sea water developer violates an order to suspend the intake of deep sea water under Article 22; |
| 7. | Where the quality of deep sea water fails to meet the standards for the water quality under Article 24 (1), or indication standards under Article 24 (2) are violated; |
| 8. | Where a deep sea water developer fails to take necessary measures under Article 37 (1) or violates an order to take measures to preserve the marine environment or corrective measures under Article 37 (2); |
| 9. | Where a deep sea water developer fails to pay fees for the use of deep sea water under Article 39 for at least six months without any justifiable ground and despite request for payment thereof for a specified period exceeding three months, fails to comply therewith within the period; |
| 10. | Where a deep sea water developer fails to commence the relevant business for over one year after obtaining a license for deep sea water development business, or temporarily closes the relevant business for at least six months; |
| 11. | Where a deep sea water developer engages in business during suspension of his or her license. |
| (2) | Where it is deemed inevitable for a deep sea water developer to delay the commencement or resumption of his or her business for any unavoidable reason, such as following administrative procedures necessary for implementation plans, the Minister of Oceans and Fisheries may delay such commencement or resumption for up to six months, only once, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, notwithstanding paragraph (1) 10. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (3) | Detailed standards for dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, taking into account the type, degree, etc. of the relevant violation. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER IV QUALITY MANAGEMENT OF DEEP SEA WATER
| Article 24 (Standards for Quality of Deep Sea Water) |
| (1) | Standards for the quality of deep sea water shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries shall determine and publicly notify indication standards concerning the origin, ingredients and contents of commercially available deep sea water. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Matters concerning indication standards under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 25 (Examining Quality of Deep Sea Water) |
| (1) | The Minister of Oceans and Fisheries may designate research institutes specializing in deep sea water as an institution examining the quality of deep sea water (hereinafter referred to as "water quality examination institution") and publicly notify such designations, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, where necessary to promote the production and distribution of deep sea water which satisfies the standards for water quality under Article 24 (1) and protect consumers. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Each deep sea water developer shall undergo examinations of the quality of deep sea water subject to the relevant license, conducted by water quality examination institutions, as prescribed by Presidential Decree. <Amended on Aug. 20, 2019> |
| (3) | The Minister of Oceans and Fisheries shall determine and publicly notify official methods to test the quality of deep sea water, so as to ensure the accuracy and consistency in examining the quality of deep sea water under paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Water quality examination institutions may receive fees from applicants for examinations, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
CHAPTER V MANUFACTURING DEEP SEA DRINKING WATER
| (1) | A person who intends to engage in manufacturing deep sea drinking water shall obtain permission from a Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, with facilities satisfying the required standards prescribed by Ordinance of the Ministry of Oceans and Fisheries. This shall also apply to revisions to the location of the facilities or other significant matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the permitted matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017> |
| (2) | A person who intends to engage in importing deep sea drinking water shall register with a Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. This shall also apply to revisions to an import source or other significant matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the registered matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017> |
| (3) | Upon receipt of an application for registration or for registration of revision under paragraph (2), a Mayor/Do Governor shall notify the applicant of whether or not to grant registration, within 20 days from the date of receiving such application. <Newly Inserted on Apr. 23, 2019> |
| (4) | If a Mayor/Do Governor fails to notify the applicant of whether or not to grant registration or to extend the processing period thereof under statutes and regulations related to the processing of civil petitions, within a period fixed under paragraph (3), the registration shall be deemed granted on the day following the end of the period (referring to an extended or re-extended period if the processing period is extended or re-extended under the statutes and regulations related to the processing of civil petitions). <Newly Inserted on Apr. 23, 2019> |
| (5) | A Mayor/Do Governor may attach conditions to permission under paragraph (1), as prescribed by Presidential Decree. <Amended on Apr. 23, 2019> |
| (6) | Where a person who has obtained permission under paragraph (1) (hereinafter referred to as "manufacturer of deep sea drinking water") or filed for registration under paragraph (2) (hereinafter referred to as "importer of deep sea drinking water") intends to temporarily close, resume, or close the relevant business, he or she shall make a report thereon to a Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 23, 2019> |
| (7) | Where reporting under paragraph (6) has no defect in the matters to be entered in the report and the documents attached thereto, and satisfies formality requirements prescribed in statutes, regulations, etc., the duty to report shall be deemed fulfilled as at the time the report arrives at the receiving agency. <Newly Inserted on Mar. 21, 2017; Apr. 23, 2019> |
| Article 28 (Restrictions on Permission) |
None of the following persons may obtain permission or file for registration under Article 27 (1) and (2): <Amended on Mar. 24 2014; Apr. 23, 2019> | 1. | A person under adult guardianship or a person under limited guardianship: Provided, That where a person under limited guardianship proves that he or she has legal capacity as prescribed by Ordinance of the Ministry of Oceans and Fisheries, he or she shall not be restricted from obtaining a license; |
| 2. | A person for whom his or her imprisonment with labor for any violation of this Act declared by a court has not been completely executed (including where execution is deemed completed) or the non-execution of such sentence has not become final and conclusive; |
| 3. | A person for whom two years have not elapsed since his or her permission to manufacture deep sea drinking water or registration of imports of deep sea drinking water was revoked under Article 32 (excluding where his or her permission or registration was revoked on the ground referred to in subparagraph 1); |
| 4. | A corporation, any executive officer of which falls under any of subparagraphs 1 through 3. |
| Article 29 (Quality Control Managers) |
| (1) | Manufacturers of deep sea drinking water shall employ quality control managers who control the quality of deep sea drinking water in the processes of manufacturing and manage manufacturing facilities in a sanitary manner, as prescribed by Presidential Decree: Provided, That manufacturers of deep sea drinking water are not required to employ quality control managers separately where such manufacturers directly perform duties of a quality control manager. |
| (2) | No manufacturer of deep sea drinking water shall obstruct duties of quality control managers under paragraph (1), and such manufacturers shall, upon receipt of requests necessary for performing duties of quality control managers, comply with such requests, except in extenuating circumstances. <Amended on Feb. 18, 2020> |
| (3) | Quality control managers shall receive education on quality management provided by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Standards for the qualifications of quality control managers under paragraph (1) shall be prescribed by Presidential Decree, and matters concerning institutions providing education on quality management, details of such education under paragraph (3), and the like shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 30 (Medical Examination) |
| (1) | A person engaged in the business of manufacturing deep sea drinking water (referring to a person who works in directly related facilities, such as facilities for water purification or drainage) shall undergo a medical examination, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That a person who has undergone a medical examination under other statutes or regulations may be exempt therefrom. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | No person who has failed to undergo a medical examination under paragraph (1) or who is deemed to have a disease likely to cause harm to other persons or manufacturing processes of deep sea drinking water, upon review of its results, shall perform the relevant tasks. |
| (3) | Types of diseases which prohibit persons from performing the relevant tasks under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 31 (Succession to Business) |
| (1) | Where a manufacturer of deep sea drinking water or an importer of deep sea drinking water transfers the relevant business to another person or dies, or where a corporate merger has been carried out, the relevant transferee, successor, or corporation surviving or resulting from such merger shall succeed to the status. |
| (3) | Any person who has succeeded to the rights and duties related to permission for or registration of the business of manufacturing or the business of importing deep sea drinking water under paragraphs (1) and (2) shall report thereon to a Mayor/Do Governor within one month after such succession, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | A Mayor/Do Governor shall notify whether or not a report is accepted to the person who has submitted it within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date the report is received pursuant to paragraph (3). <Newly Inserted on Mar. 21, 2017> |
| (5) | If a Mayor/Do Governor fails to notify whether or not a report is accepted or whether the period for the processing thereof is extended pursuant to statutes or regulations related to the processing of civil petitions to the person who has submitted it within the period prescribed in paragraph (4), the report shall be deemed accepted on the date following expiration of such period. <Newly Inserted on Mar. 21, 2017> |
| (6) | Article 28 shall apply mutatis mutandis to succession under paragraphs (1) and (2). |
| Article 32 (Revocation of Permission) |
| (1) | Where any manufacturer or importer of deep sea drinking water falls under any of the following cases, a Mayor/Do Governor may revoke the relevant permission or registration, or issue an order to suspend the relevant business for up to six months: Provided, That he or she shall revoke permission or registration, in cases falling under subparagraph 1 or 2: <Amended on Mar. 21, 2017; Apr. 23, 2019> |
| 1. | Where manufacturers or importers of deep sea drinking water fall under any of the subparagraphs of Article 28: Provided, That this shall not apply to any of the following cases: |
| (a) | Where the executive officers of a corporation fall under any of subparagraphs 1 through 3 of Article 28, and such executive officers are replaced by other persons within two months; |
| (b) | Where successors to the business of manufacturing or the business of importing deep sea drinking water under Article 31 (1) fall under any of subparagraphs 1 through 3 of Article 28, but such successors transfer the relevant business to other persons within three months after succession; |
| 2. | Where manufacturers of deep sea drinking water obtain permission or revised permission for the business of manufacturing deep sea drinking water, or importers of deep sea drinking water obtain registration or revised registration of the business of importing deep sea drinking water by fraud or other improper means; |
| 3. | Where manufacturers or importers of deep sea drinking water fail to satisfy the standards for manufacturing facilities under Article 27 (1); |
| 4. | Where manufacturers or importers of deep sea drinking water violate conditions under Article 27 (5); |
| 5. | Where manufacturers or importers of deep sea drinking water fail to employ quality control managers under Article 29 (1) or violate Article 29 (2); |
| 6. | Where manufacturers or importers of deep sea drinking water fail to undergo a medical examination under Article 30 (1); |
| 7. | Where manufacturers or importers of deep sea drinking water fail to satisfy the required standards under Article 33 (1) and (2); |
| 8. | Where manufacturers or importers of deep sea drinking water violate indication standards, etc. under Article 35; |
| 9. | Where manufacturers or importers of deep sea drinking water fail to take necessary measures under Article 37 (1) or violate an order to take measures to preserve the marine environment or corrective measures under Article 37 (2); |
| 10. | Where manufacturers or importers of deep sea drinking water sell deep sea drinking water which has no charges certification marks under Article 42; |
| 11. | Where manufacturers or importers of deep sea drinking water violate any ban or restriction under Article 51 (1) or violate orders or measures under Article 51 (2). |
| (2) | Where manufacturers of deep sea drinking water continue to engage in the relevant business, violating a suspension order under paragraph (1), a Mayor/Do Governor may revoke the relevant permission, and where importers of deep sea drinking water continue to engage in the relevant business, violating a suspension order under paragraph (1), he or she may revoke the relevant registration. |
| (3) | Detailed standards for administrative dispositions under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, taking into account the type, degree, etc. of the relevant violation. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER VI QUALITY MANAGEMENT FOR DEEP SEA DRINKING WATER
| Article 33 (Standards for Water Quality) |
| (2) | Standards concerning the shelf life of deep sea drinking water, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries shall consult with the heads of the relevant central administrative agencies before determining standards under paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | No person shall sell deep sea drinking water which fails to meet the required standards under paragraphs (1) and (2), or manufacture, import, store, transport, or display such water for sale, or commercially use it. |
| Article 34 (Quality Control) |
| (1) | The Minister of Oceans and Fisheries shall formulate necessary policies on the quality examination and safety management of deep sea drinking water. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Deleted. <Mar. 22, 2010> |
| (3) | Manufacturers of deep sea drinking water shall conduct self examinations or entrust examinations to other institutions, as prescribed by Presidential Decree, so as to ascertain whether deep sea drinking water satisfies the standards under Article 33 (1) and (2). |
| (5) | The Minister of Oceans and Fisheries may order the public officials under his or her control or water quality examination institutions to conduct necessary examinations of deep sea drinking water, which importers of deep sea drinking water intend to import, before the customs procedures are completed. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 35 (Indication Standards) |
The Minister of Oceans and Fisheries shall determine and publicly notify indication standards concerning the origin, ingredients, contents, etc. of deep sea drinking water and the standards for the containers, packages, etc. thereof.
[This Article Wholly Amended on Mar. 21, 2017]
| Article 36 (Standards for Purpose of Exports and Indication Standards) |
| (1) | With respect to the standards for deep sea drinking water manufactured or produced for the purpose of export, its indication standards, etc., the standards, indication standards, etc. demanded by importers of the relevant deep sea drinking water may be followed, notwithstanding Articles 33 and 35. <Amended on Mar. 21, 2017> |
| (2) | When manufacturers of deep sea drinking water intend to manufacture deep sea drinking water in accordance with the standards, indication standards, etc. demanded by importers of deep sea drinking water under paragraph (1), they shall submit documents verifying such fact, etc. to the Minister of Oceans and Fisheries in advance, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017> |
[Title Amended on Jul. 21, 2017]
CHAPTER VI-2 MANUFACTURING AND MANAGEMENT OF TREATED DEEP SEA WATER
| Article 36-2 (Permission) |
| (1) | A person who intends to engage in the business of manufacturing treated deep sea water shall obtain permission from a Mayor/Do Governor as prescribed by Ordinance of the Ministry of Oceans and Fisheries, after satisfying the facility standards prescribed by Ordinance of the Ministry of Oceans and Fisheries. This shall also apply to revision of the location of the facilities and other significant matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, among the permitted matters. |
| (2) | A person who intends to operate the business of importing treated deep sea water shall be registered with a Mayor/Do Governor as prescribed by Ordinance of the Ministry of Oceans and Fisheries. This shall also apply to revision of an import source and other significant matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, among the registered matters. |
| (3) | A Mayor/Do Governor may attach conditions to permission under paragraph (1), as prescribed by Presidential Decree. |
| (4) | Where a person who has obtained permission under paragraph (1) (hereinafter referred to as "manufacturer of treated deep sea water") or has been registered under paragraph (2) (hereinafter referred to as "importer of treated deep sea water") intends to temporarily close, resume, or close the relevant business, he or she shall report thereon to a Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (5) | Where reporting under paragraph (4) has no defect in the matters to be entered in the report and the documents attached thereto, and satisfies formality requirements prescribed in statutes, regulations, etc., the duty to report shall be deemed fulfilled as at the time the report arrives at the receiving agency. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 36-3 (Standards for Quality of Treated Deep Sea Water) |
| (1) | Standards for the quality, shelf life, etc. of treated deep sea water shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | No person shall sell treated deep sea water which fails to meet the required standards under paragraph (1), or manufacture, import, store, transport, or display such water for sale, or commercially use it. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 36-4 (Application Mutatis Mutandis) |
Articles 25, 26, 28 through 31, 32 (excluding paragraph (1) 10 and 11), 34 (5), 35, and 36 shall apply mutatis mutandis to the business of manufacturing treated deep sea water and the business of importing treated deep sea water. In such cases, "Article 24 (1)" or "Article 33 (1) and (2)" shall be construed as “Article 36-3 (1)”; "deep sea water" or "deep sea drinking water" as "treated deep sea water"; "deep sea water developers" or "manufacturer of deep sea drinking water" as "manufacturer of treated deep sea water"; "license" as "permission"; "Article 27 (1) and (2)" as "Article 36-2 (1) and (2)"; "business of manufacturing deep sea drinking water" as "business of manufacturing treated deep sea water"; "importer of deep sea drinking water" as "importer of treated deep sea water"; "business of importing deep sea drinking water" as "business of importing treated deep sea water"; "Article 27 (1)" as “Article 36-2 (1)”; and "Article 27 (5) as "Article 36-2 (3)". <Amended on Apr. 23, 2019> [This Article Newly Inserted on Mar. 21, 2017]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 37 (Measures to Preserve Marine Environment) |
| (1) | Business entities engaged in business related to deep sea water shall take necessary measures to ensure that the survey of deep sea water, installment of facilities for the intake of deep sea water, or the intake, drainage, and storage of deep sea water do not pollute the marine environment, as prescribed by Presidential Decree. |
| (2) | The Minister of Oceans and Fisheries may conduct a survey, as prescribed by Presidential Decree, and order a relevant administrative agency or business entity responsible for the damage to take measures to preserve the marine environment or take corrective measures, as prescribed by Presidential Decree, where it is deemed that the business activities of business entities engaged in business related to deep sea water have caused or are likely to cause damage to the marine ecosystem. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries shall conduct water quality examinations of the sea water intake area on a regular basis, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 38 (Entry and Exit, Inspection, and Collection) |
| (1) | The Minister of Oceans and Fisheries or a Mayor/Do Governor may order business entities engaged in business related to deep sea water or related persons to submit necessary data, or may order the relevant public officials to enter the facilities for business related to deep sea water, inspect deep sea water for sale or used for business or products, containers and packages related to deep sea water and manufacturing or business facilities, collect the minimum quantities of deep sea water or products, containers and packages related to deep sea water, which are necessary for inspections, free of charge, and peruse books or documents related to such business, where deemed necessary to verify the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017> |
| 1. | Whether business entities follow the conditions attached to licenses under Article 10 (2); |
| 2. | Whether business entities comply with the facility standards under Article 15 and standards for the quality of deep sea water under Article 24 (1); |
| 3. | Whether business entities follow the facility standards under Article 27 (1) and the quality control of deep sea drinking water under Article 34; |
| 3-2. | Whether business entities follow the facility standards under Article 36-2 (1), and the standards for quality, shelf life, etc. of treated deep sea water under Article 36-3 (1); |
| 4. | Whether business entities fulfill their duties to preserve the marine environment under Article 37 (1). |
| (2) | When the Minister of Oceans and Fisheries or a Mayor/Do Governor intends to issue orders of the entry and exit, inspections, collection, or perusal under paragraph (1), he or she shall notify the relevant business entities of the names of the relevant public officials, and the date and time, places, and purposes of the aforementioned activities in writing beforehand, and when the relevant public officials enter and exit facilities, inspect products, etc., collect necessary items, or peruse documents, they shall carry an identification verifying their authority and show it to interested persons. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Matters concerning detailed standards, procedures, etc. for the entry and exit, inspection, collection, or perusal under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 39 (Imposition and Collection of Fees for Use) |
| (1) | The head of a Si/Gun/Gu who has applied for the designation of the sea water intake area under Article 9 (1) shall impose fees for using deep sea water on deep sea water developers in the relevant sea water intake area and collect such fees, in accordance with the rates and calculation methods prescribed by Presidential Decree. In such cases, fees for the occupation and use, imposed and collected under Article 8 (1) 1 and 5 of the Public Waters Management and Reclamation Act, may be reduced or exempted, notwithstanding Article 13 (1) of that Act. <Amended on Apr. 15, 2010; Feb. 18, 2020> |
| (2) | In any of the following cases, fees for using deep sea water may be reduced or exempted, as prescribed by Presidential Decree, notwithstanding paragraph (1): |
| 1. | Where deep sea water is used for cultivating crops, etc. or increasing and raising marine resources and the like; |
| 2. | Where deep sea water is used for research and development; |
| 3. | Other cases prescribed by Presidential Decree where deep sea water is used for serving the public interest. |
| (3) | Fees for using deep sea water under paragraph (1) shall be regarded as revenue for the relevant Si/Gun/autonomous Gu. |
| (4) | The head of a Si/Gun/Gu may collect fees from persons who have failed to pay fees for use under paragraph (1), in the same manner as delinquent local taxes are collected. |
| (5) | Matters necessary for the imposition and collection of fees for using deep sea water shall be prescribed by Presidential Decree. |
| Article 40 (Imposition and Collection of Charges for Using Deep Sea Water) |
| (1) | The Minister of Oceans and Fisheries shall impose charges for using deep sea water (hereinafter referred to as "charges") on manufacturers of deep sea drinking water, importers of deep sea drinking water, manufacturers of treated deep sea water, importers of treated deep sea water, and persons who purchase deep sea water from deep sea water developers for commercial purposes, and collect such fees from them, as prescribed by Presidential Decree. In such cases, deep sea water developers who directly manufacture products for commercial purposes by using deep sea water shall be deemed purchasers of deep sea water for commercial purposes. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017> |
| (2) | The Minister of Oceans and Fisheries may order deep sea water developers to pay charges, which need to be paid by manufacturers, etc. of deep sea drinking water under paragraph (1), in lump sum. In such cases, the Minister of Oceans and Fisheries shall pay expenses incurred for the payment of charges by proxy, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (3) | Charges shall be imposed on or collected from manufacturers or importers of deep sea drinking water according to the rates prescribed by Presidential Decree, within 75/1,000 of the average sales price of deep sea drinking water, and charges shall be imposed on or collected from manufacturers of treated deep sea water, importers of treated deep sea water, and purchasers of deep sea water for commercial purposes according to the rates prescribed by Presidential Decree, within 150/1,000 of the average supply price of deep sea water. <Amended on Mar. 21, 2017> |
| (4) | The Minister of Oceans and Fisheries may allow persons obliged to pay charges to make the payment in installments. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | Charges shall be used for the following projects: <Amended on Mar. 21, 2017; Apr. 18, 2017> |
| 1. | Projects for the research on and development of marine resources, such as deep sea water; |
| 2. | Projects for maintaining the quality of deep sea water, deep sea drinking water, and treated deep sea water; |
| 3. | Projects for fostering industries related to deep sea water; |
| 4. | Projects for preventing damage to the marine ecosystem, such as the water quality examination of the sea water intake area; |
| 5. | Projects for recovering the marine ecosystem which has been damaged due to the intake of deep sea water; |
| 6. | Projects prescribed by Presidential Decree as related to subparagraphs 1 through 5. |
| (7) | Where the Minister of Oceans and Fisheries delegates the authority to collect charges under paragraphs (1) and (2) and surcharges under Article 41 (2) to a Mayor/Do Governor, he or she may grant amounts corresponding to 10/100 of the collected charges and surcharges to the Mayor/Do Governor as expenses for collection thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (8) | Matters regarding the methods of calculating the average sales price or average supply price, with regard to methods of calculating charges under paragraphs (1) and (2), and other methods and procedures for imposing and collecting charges shall be prescribed by Presidential Decree. |
| Article 41 (Compulsory Collection of Charges and Surcharges) |
| (1) | Where any person obliged to pay any charge under Article 40 fails to make the payment by the deadline, the Minister of Oceans and Fisheries shall issue a demand notice to him or her within 30 days from the deadline. In such cases, the deadline for paying such charge shall be set as a date not later than 20 days after such demand notice is issued. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (2) | Where any person who has received a demand notice under paragraph (1) fails to make the payment by the deadline, the Minister of Oceans and Fisheries may collect surcharges for a period from a day immediately following such deadline to a day immediately before the date of payment, within a range not exceeding 5/100 of such charges. |
| (3) | Where charges under paragraph (1) and surcharges under paragraph (2) are not paid within the payment deadline, the Minister of Oceans and Fisheries may collect such charges and surcharges in the same manner as delinquent national taxes are collected. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Matters regarding detailed standards and calculation methods for charges and surcharges and procedures for the imposition thereof shall be prescribed by Presidential Decree. |
| Article 42 (Charges Certification Marks) |
| (1) | The Minister of Oceans and Fisheries may order manufacturers of deep sea drinking water to affix a mark proving that they are subject to, or are exempt from, charges (hereinafter referred to as "charges certification mark") on containers of deep sea drinking water delivered from a warehouse, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Matters regarding standards and methods of indication for charges certification marks and management thereof shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries may impose restrictions on the use of charges certification marks for manufacturers of deep sea drinking water who have failed to pay charges on at least two occasions. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 43 (Manufacturers of Charges Certification Marks) |
| (1) | The Minister of Oceans and Fisheries may designate persons who have facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries as manufacturers of charges certification marks. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where manufacturers of charges certification marks designated under paragraph (1) fall under any of the following cases, the Minister of Oceans and Fisheries shall revoke such designation: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Where manufacturers of charges certification marks are designated by fraud or other improper means; |
| 2. | Where manufacturers of charges certification marks fail to satisfy the requirements for designation under paragraph (1). |
| Article 44 (Penalty Surcharges for Intake Activities without Licenses) |
| (1) | The Minister of Oceans and Fisheries may impose amounts within the range of two times the total amount of income generated from the relevant intake of deep sea water and fees for using deep sea water under Article 39, on persons engaged in the intake of deep sea water without a license for deep sea water development business, and collect such charges from them. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where penalty surcharges for the intake of deep sea water under paragraph (1) are not paid within the payment deadline, the Minister of Oceans and Fisheries shall collect such penalty surcharges in the same manner as delinquent national taxes are collected. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Matters regarding detailed standards for the imposition of penalty surcharges for the intake of deep sea water and methods for the collection thereof under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 45 (Penalty Surcharges) |
| (1) | A Mayor/Do Governor may impose penalty surcharges of up to 100 million won, in lieu of business suspension under Article 32 (1) (including cases of application mutatis mutandis under Article 36-4), as prescribed by Presidential Decree. <Amended on Mar. 21, 2017; Feb. 18, 2020> |
| (3) | Such matters as the amount of penalty surcharges, depending on the type, degree, etc. of a violation subject to penalty surcharges under paragraph (1), shall be prescribed by Presidential Decree. |
| (4) | Where necessary to impose penalty surcharges under paragraph (1), a Mayor/Do Governor may request the head of the competent tax office to provide taxation information under Article 81-13 of the Framework Act on National Taxes by submitting documents stating the following: <Newly Inserted on Feb. 18, 2020> |
| 1. | Taxpayer's personal information; |
| 2. | Purpose of use of the taxation information; |
| 3. | Sales based on which the penalty surcharges are imposed. |
| Article 46 (Measures for Closure) |
| (1) | The Minister of Oceans and Fisheries may order the relevant public officials to close the relevant place of business, as prescribed by Presidential Decree, where a business entity conducts business without obtaining a license for deep sea water development business, in violation of Article 10, conducts business after the expiration of a license under Article 14, or continues to conduct business even after a license for deep sea water development business has been revoked or an order to suspend business has been issued under Article 23. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | In any of the following cases, a Mayor/Do Governor may order the relevant public officials to close the relevant place of business, as prescribed by Presidential Decree: <Amended on Mar. 21, 2017> |
| 1. | Where a business entity conducts business without obtaining permission for the business of manufacturing deep sea drinking water or the business of manufacturing treated deep sea water or filing for registration of the business of importing deep sea drinking water or the business of importing treated deep sea water, in violation of Article 27 (1) or (2) or 36-2 (1) or (2); |
| 2. | Where a business entity continues to conduct business even after permission for or registration of the business of manufacturing deep sea drinking water, the business of importing deep sea drinking water, the business of manufacturing treated deep sea water, or the business of importing treated deep sea water has been revoked or an order to suspend business has been issued under Article 32 (1) (including cases of application mutatis mutandis under Article 36-4). |
| (3) | The Minister of Oceans and Fisheries or a Mayor/Do Governor shall, before taking measures for closure under paragraphs (1) and (2), notify, in writing, the relevant business entities or their agents of the date and time and place of measures for closure, and names of the relevant public officials. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Relevant public officials shall carry an identification indicating their authority and show it to interested persons in cases falling under paragraphs (1) and (2). |
| Article 47 (State Subsidy) |
The Minister of Oceans and Fisheries may grant a subsidy to help cover all or part of the following expenses within budgetary limits: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017>
| 1. | Expenses incurred in conducting an examination, etc. by water quality examination institutions designated under Article 25 (1) (including cases of application mutatis mutandis under Article 36-4); |
| 2. | Expenses incurred in managing water quality supervisors under Article 49 (1); |
| 3. | Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 48 (Support for Research and Development) |
The Minister of Oceans and Fisheries may support the development of deep sea water, research on practical use of deep sea water and business related to deep sea water, within budgetary limits. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 49 (Water Quality Supervisors) |
| (1) | The Ministry of Oceans and Fisheries and local governments shall employ water quality supervisors to provide guidance on and supervision of the criteria and standards related to deep sea water, deep sea drinking water, and treated deep sea water and business activities. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017> |
| (2) | Qualifications, appointment, and job scope of water quality supervisors and other necessary matters shall be prescribed by Presidential Decree. |
| Article 50 (Prohibition against False Indications) |
No person who has obtained a license under Article 10 shall indicate that sea water, underground salt water or underground sea water, other than deep sea water taken in the sea water intake area, is deep sea water, or distribute and sell such water.
| Article 51 (Restrictions on Advertisements) |
| (1) | The Minister of Oceans and Fisheries may prohibit or restrict advertisements for deep sea drinking water in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Where advertisements for deep sea drinking water are likely to mislead the public about health issues; |
| 2. | Where advertisements for deep sea drinking water are likely to obstruct the business of supplying tap water. |
| (2) | Where manufacturers or importers of deep sea drinking water violate prohibitions or restrictions under paragraph (1), the Minister of Oceans and Fisheries may restrict import or sales of the relevant deep sea drinking water or issue an order or take necessary corrective measures, such as the removal of advertisements. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Matters regarding a medium subject to advertisement prohibitions or restrictions under paragraph (1), duration of advertisements, frequency thereof, etc. shall be prescribed by Presidential Decree. |
The Minister of Oceans and Fisheries or a Mayor/Do Governor shall hold hearings before issuing any of the following dispositions: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017>
| 1. | Revocation of a license for deep sea water development business under Article 23 (1); |
| 2. | Revocation of permission or registration under Article 32 (1) (including cases of application mutatis mutandis under Article 36-4); |
| 3. | Revocation of designation of manufacturers of charges certification marks under Article 43 (2). |
| Article 53 (Delegation of Authority) |
Part of the authority of the Minister of Oceans and Fisheries under this Act may be delegated to a Mayor/Do Governor or the heads of affiliated institutions, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>
CHAPTER VIII PENALTY PROVISIONS
| Article 54 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to five years or by a fine of up to 50 million won. In such cases, imprisonment with labor and fines may be imposed concurrently: <Amended on Oct. 15, 2014; Mar. 21, 2017>
| 1. | A person who conducts deep sea water development business without a license or a revised license therefor under Article 10 (1) or obtains a license or revised license by fraud or other improper means; |
| 2. | A person who conducts the business of manufacturing deep sea drinking water without permission or revised permission under Article 27 (1) or obtains permission or revised permission by fraud or other improper means; |
| 2-2. | A person who conducts the business of manufacturing treated deep sea water without permission or revised permission under Article 36-2 (1) or obtains permission or revised permission by fraud or other improper means; |
| 3. | A person who manufactures charges certification marks without being designated as manufacturers of charges certification marks under Article 43 (1); |
| 4. | A person who counterfeits, forges or reuses charges certification marks, possesses or uses counterfeit or forged charges certification marks or issues such marks to other persons. |
| Article 55 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine of up to 30 million won. In such cases, imprisonment with labor and fines may be imposed concurrently: <Amended on Oct. 15, 2014; Mar. 21, 2017>
| 1. | A person who violates an order to suspend the intake of deep sea water under Article 22; |
| 2. | A person who conducts deep sea water development business in violation of an order of license suspension under Article 23 (1); |
| 3. | A person who fails to undergo examinations of deep sea water or treated deep sea water in violation of Article 25 (2) (including cases of application mutatis mutandis under Article 36-4) or has undergone examinations by fraud or other improper means; |
| 4. | A person who conducts the business of importing deep sea drinking water without filing for registration or revised registration under Article 27 (2), or files for registration or revised registration by fraud or other improper means; |
| 5. | A person who conducts the business of manufacturing or importing deep sea drinking water or the business of manufacturing or importing treated deep sea water, in violation of an order to suspend business under Article 32 (1) (including cases of application mutatis mutandis under Article 36-4); |
| 6. | A person who manufactures, imports, stores, transports, or displays deep sea drinking water, or uses such drinking water for other commercial purposes, in violation of Article 33 (4); |
| 6-2. | A person who conducts the business of importing treated deep sea water without filing for registration or revised registration under Article 36-2 (2), or files for registration or revised registration by fraud or other improper means; |
| 6-3. | A person who manufactures, imports, stores, transports or displays treated deep sea water or uses such drinking water for other commercial purposes, in violation of Article 36-3 (2); |
| 7. | A person who fails to take necessary measures under Article 37 (1) or violates an order to take measures to preserve the marine environment or corrective measures under Article 37 (2); |
| 8. | A person who indicates that sea water, underground salt water, or underground sea water, other than deep sea water, is deep sea water, or distributes or sells such water, in violation of Article 50. |
| Article 56 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine of up to 10 million won: <Amended on Dec. 21, 2017>
| 1. | A person who fails to employ quality control managers or obstructs duties of quality control managers, in violation of Article 29 (1) and (2) (including cases of application mutatis mutandis under Article 36-4); |
| 2. | A person who fails to conduct a self examination or to entrust examinations to another institution under Article 34 (3); |
| 3. | A person who fails to comply with an order to submit data or refuses, obstructs or evades entry and exit, inspection, collection or perusal under Article 38; |
| 4. | A person who obstructs measures for closure under Article 46; |
| 5. | A person who violates prohibitions against or restrictions on advertisements under Article 51 (1); |
| 6. | A person who fails to follow orders or measures under Article 51 (2). |
| Article 57 (Joint Penalty Provisions) |
Where the representative of a corporation or an agent, employee of, or any other person employed by a corporation or an individual commits an offense falling under any of Articles 54 through 56 in connection with the business affairs of the corporation or individual, not only shall the offender be punished but such corporation or individual shall be subject to a fine prescribed in the relevant Articles: Provided, That the same shall not apply where such corporation or individual has not neglected to give due attention and supervision over the relevant business affairs in order to prevent such offense. [This Article Wholly Amended on Dec. 27, 2009]
| Article 58 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine of up to five million won: <Amended on Mar. 21, 2017; Apr. 23, 2019> |
| 1. | A person who fails to make a report under Article 19 (1) or has made a report by fraud or other improper means; |
| 2. | A person who fails to make a report under Article 20 (3) or has made a report by fraud or other improper means; |
| 3. | A person who fails to make a report under Article 27 (6) or 36-2 (4) or has made a report by fraud or other improper means; |
| 4. | A person who fails to receive education on quality control under Article 29 (3) (including cases of application mutatis mutandis under Article 36 (4)); |
| 5. | A person who fails to undergo a medical examination under Article 30 (1) (including cases of application mutatis mutandis under Article 36-4); |
| 6. | A person who fails to make a report under Article 31 (3) (including cases of application mutatis mutandis under Article 36-4) or has made a report by fraud or other improper means. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Deleted. <May 27, 2009> |
| (4) | Deleted. <May 27, 2009> |
| (5) | Deleted. <May 27, 2009> |
ADDENDA <Act No. 8629, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Intake of Deep Sea Water for Research)
Article 3 (Transitional Measures concerning Sea Area where Intake Facilities are Established under Public Waters Management Act) The sea area where the construction of facilities for the intake of deep sea water is completed, with permission for the occupation and use under Article 5 (1) of the Public Waters Management Act and authorization of implementation plans under Article 8 (1) of the Act, at the time this Act is promulgated, shall be deemed to have been designated as the sea water intake area under Article 9 (1). Article 4 (Transitional Measures concerning Act on Funeral Services, Etc.) Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Intake of Deep Sea Water for Research)
Article 3 (Transitional Measures concerning Sea Area Where Intake Facilities are Established under the Public Waters Management Act) The sea area where the construction of facilities for the intake of deep sea water is completed, with permission for the occupation and use under Article 5 (1) of the Public Waters Management Act and authorization of implementation plans under Article 8 (1) of that Act, as at the time this Act is promulgated, shall be deemed designated as the sea water intake area under Article 9 (1). Article 4 (Transitional Measures concerning the Act on Funeral Services) "Under Article 27 of the Act on Funeral Services" in Article 17 (1) 12 shall be deemed "under Article 23 of the Act on Funeral Services" until May 25, 2008. Article 5 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> ··· amendments to Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, among the Acts amended under Article 6 of these Addenda, shall enter into force on the enforcement dates of the relevant Acts, respectively. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 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.
ADDENDUM <Act No. 9737, May 27, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 10154, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12548, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons)
Persons under adult guardianship and persons under limited guardianship under the amended provisions of subparagraph 1 of Article 13 (including cases of application mutatis mutandis under Article 20 (4)) and subparagraph 1 of Article 28 (including cases of application mutatis mutandis under Article 31 (4)) shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDUM <Act No. 12832, Oct. 15, 2014>
This Act shall enter into force on 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. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14745, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force two years after the date of its promulgation: Provided, That the amended provisions of Articles 4 and 5 shall enter into force on the date of its promulgation, and the amended provisions of Articles 19, 20, 27 (5), 31, and 58 (1) 1 shall enter into force one month after the date of its promulgation. Article 2 (Applicability to Acceptance of Reports on Succession of Business)
The amended provisions of Articles 20 (4) and (5) or 31 (4) and (5) shall begin to apply where a report is filed on the succession of the deep sea water development business, the business of manufacturing deep sea drinking water, or the business of importing deep sea drinking water on or after the date the same amended provisions enter into force. Article 3 (Transitional Measures concerning License for Deep Sea Water Development Business)
Any person who satisfies the facility standards for the business of manufacturing treated deep sea water under the amended provisions of Article 36-2 (1) and who has obtained a license for deep sea water development business under Article 10 (1) as at the time this Act enters into force, shall be deemed to have obtained permission for the business of manufacturing treated deep sea water under the same amended provisions.
ADDENDA <Act No. 14804, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 16396, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Consultations for Legal Fiction of Permission)
The amended provisions of Articles 17 (3) and 27 (3) and (4) shall begin to apply to a request for consultation for permission, etc. deemed granted, or to an application for registration or revised registration of the business of importing deep sea drinking water, which is made on or after the date this Act enters into force.
ADDENDUM <Act No. 16518, Aug. 20, 2019>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 17, 20, 25, and 31 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.
ADDENDUM <Act No. 17062, Feb. 18, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 45 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
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.