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ENFORCEMENT DECREE OF THE PREVENTION OF MARINE POLLUTION ACT

Presidential Decree No. 20722, Feb. 29, 2008

Amended by Presidential Decree No. 21185, Dec. 24, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 21622, Jul. 7, 2009

Presidential Decree No. 21882, Dec. 14, 2009

Presidential Decree No. 21964, Dec. 31, 2009

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22449, Oct. 14, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 22706, Mar. 9, 2011

Presidential Decree No. 23158, Sep. 22, 2011

Presidential Decree No. 23297, Nov. 16, 2011

Presidential Decree No. 23964, Jul. 20, 2012

Presidential Decree No. 23966, Jul. 20, 2012

Presidential Decree No. 24207, Nov. 27, 2012

Presidential Decree No. 24443, Mar. 23, 2013

Presidential Decree No. 24517, Apr. 22, 2013

Presidential Decree No. 24627, jun. 17, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25639, Sep. 24, 2014

Presidential Decree No. 25758, Nov. 19, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 25860, Dec. 16, 2014

Presidential Decree No. 25943, Dec. 30, 2014

Presidential Decree No. 25985, Jan. 6, 2015

Presidential Decree No. 26220, Apr. 29, 2015

Presidential Decree No. 26473, Aug. 3, 2015

Presidential Decree No. 27165, May 10, 2016

Presidential Decree No. 27299, jun. 30, 2016

Presidential Decree No. 27748, Dec. 30, 2016

Presidential Decree No. 27792, Jan. 17, 2017

Presidential Decree No. 28169, jun. 27, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28332, Sep. 19, 2017

Presidential Decree No. 28583, Jan. 16, 2018

Presidential Decree No. 28586, Jan. 16, 2018

Presidential Decree No. 29269, Oct. 30, 2018

Presidential Decree No. 29849, jun. 11, 2019

Presidential Decree No. 29948, Jul. 2, 2019

Presidential Decree No. 30106, Oct. 8, 2019

Presidential Decree No. 30977, Aug. 26, 2020

Presidential Decree No. 31212, Dec. 1, 2020

Presidential Decree No. 31331, Dec. 29, 2020

Presidential Decree No. 31380, Jan. 5, 2021

Presidential Decree No. 31453, Feb. 17, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Marine Environment Management Act and matters necessary for the enforcement thereof.
 Article 2 Deleted. <Sep. 19, 2017>
 Article 3 Deleted. <Sep. 19, 2017>
 Article 4 (Scope of Sea Areas)
"Sea areas prescribed by Presidential Decree" in Article 3 (1) 1 of the Marine Environment Management Act (hereinafter referred to as the “Act”) means any of the following: <Amended on Jul. 2, 2019>
2. Sea areas, where the Republic of Korea has jurisdiction over the preservation of their marine environment in accordance with the United Nations Convention on the Law of the Sea.
 Article 5 Deleted. <Sep. 19, 2017>
CHAPTER II MEASURES FOR PRESERVING AND MANAGING MARINE ENVIRONMENT
 Article 6 Deleted. <Sep. 19, 2017>
 Article 7 (Organization Subject to Accuracy Control)
"Institutions prescribed by Presidential Decree" in Article 12 (1) of the Act means any of the following: <Amended on Dec. 30, 2016; Dec. 1, 2020>
1. Institutions or organizations that measure or analyze the marine environment to operate the marine environment measuring network referred to in Article 9 of the Act;
2. Polluted marine sediment investigation institution and marine discharge inspection institution designated under Article 25 (1) 2 and 3 of the Management of Marine Garbage and Contaminated Marine Sediment Act;
3. Marine pollution impact survey institutions referred to in Article 77 (1) of the Act;
4. Assessment agents referred to in Article 86 (1) of the Act;
5. Institutions examining the quality of deep sea water referred to in Article 25 (1) of the Development and Management of Deep Sea Water Act;
6. Institutions or organizations that measure or analyze the marine environment to operate a network for inspecting fishing ground environments referred to in Article 6 (1) of the Fishing Ground Management Act;
7. Institutions or organizations that measure or analyze the marine environment to investigate the safety of seawater referred to in Article 28 (2) of the Salt Industry Promotion Act;
8. Other institutions or organizations that measure or analyze the marine environment using the budget of the State, a local government, or a national or public research institute.
 Article 7-2 (Institution for Establishing Accuracy Control Plans)
"Institutions prescribed by Presidential Decree to conduct comprehensive surveys of the marine environment" in Article 12-3 (1) of the Act and "survey institutions prescribed by Presidential Decree" in paragraph (2) of the same Article mean the institutions or organizations referred to in subparagraph 1 of Article 7.
[This Article Newly Inserted on Sep. 19, 2017]
 Article 8 (Cancellation of Certification of Measuring and Analyzing Capabilities)
"Cases ... which fall under the grounds prescribed by Presidential Decree" in Article 13 (3) 3 of the Act means cases where no record of measurement or analysis exists for one year after certification of measuring and analyzing capabilities.
 Article 9 (Designation of Environmental Management Sea Areas)
(1) To designate, revoke, or change the designation of, an environmental management sea area under Article 15 (1) of the Act (hereinafter referred to as “environmental management sea areas”) under Article 15 of the Act, the Minister of Oceans and Fisheries shall hear the opinions of interested parties, such as residents living in the relevant areas and fishers engaging in fishing activities in the relevant sea areas (hereinafter referred to as “residents, etc.”) in advance.
(2) The Minister of Oceans and Fisheries may hold a public hearing directly, or request a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) to hold a public hearing if necessary to hear the opinions of residents, etc. under paragraph (1).
(3) To give public notice of the designation of environmental management sea areas, or of the revocation or change thereof under Article 15 (1) and (2) of the Act, the Minister of Oceans and Fisheries shall include the following in the public notice:
1. The name of the environmental management sea areas designated, revoked, or changed;
2. The location, area, and scope of the environmental management sea areas designated, revoked, or changed;
3. Date of designation, revocation, or change of the environmental management sea areas.
[This Article Newly Inserted on Jul. 2, 2019]
 Article 10 (Restrictions on Installation of Facilities in Environmental Management Sea Areas)
(1) Deleted. <Jul. 2, 2019>
(2) Deleted. <Jul. 2, 2019>
(3) "Facilities prescribed by Presidential Decree" in Article 15-2 (1) of the Act means any of the following: <Amended on Dec. 31, 2009; Oct. 14, 2010; Jan. 17, 2017; Jul. 2, 2019>
1. Facilities, the daily wastewater discharge quantity of which is at least 2,000 cubic meters: Provided, That facilities which cause wastewater discharged by the relevant facilities to flow into the public wastewater treatment facilities and public sewage treatment facilities or those which treat the wastewater under the criteria lower than those for the water quality of discharged water under the statutes or regulations applicable to the relevant region shall be excluded;
2. Piers, breakwaters, bridges, sluice gates, or structures, which require permission from the relevant administrative authorities for construction, reconstruction, expansion, or modification pursuant to Article 8 (1) 1 of the Public Waters Management and Reclamation Act;
(4) Facilities, the installation or modification of which is restricted in specially-managed sea areas prescribed in Article 15 (1) 2 of the Act (hereinafter referred to as “specially-managed sea areas”) under Article 15-2 (2) of the Act, means any of the following: <Amended on Dec. 31, 2009; Oct. 14, 2010; Jan. 17, 2017; Jul. 2, 2019; Aug. 26, 2020>
1. Facilities, the daily wastewater discharge quality of which is at least 1,000 cubic meters: Provided, That facilities which cause wastewater discharged by the relevant facilities to flow into the public wastewater treatment facilities and public sewage treatment facilities or those which treat the wastewater under the criteria lower than those for the water quality of discharged water under the statutes or regulations applicable to the relevant region shall be excluded;
2. Piers, breakwaters, bridges, sluice gates, or structures, which require permission from the relevant administrative authorities for construction, reconstruction, expansion, or modification pursuant to Article 8 (1) 1 of the Public Waters Management and Reclamation Act;
3. Facilities for licensed fisheries under Article 8 of the Fisheries Act;
4. Facilities for licensed aquaculture businesses under the subparagraphs (excluding subparagraph 7) of Article 10 (1) of the Aquaculture Industry Development Act.
(5) To impose restrictions on the installation or modification of facilities in environmental management sea areas under Article 15-2 of the Act, the Minister of Oceans and Fisheries shall publicly notify the details and duration of such restrictions after consulting with the heads of the relevant central administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
[Title Amended on Jul. 2, 2019]
 Article 11 (Sea Areas Subject to Total Pollution Load Control)
(1) To control the total quantity of pollutants under Article 15-2 (2) 2 of the Act (hereinafter referred to as “total pollution load control”), the Minister of Oceans and Fisheries shall designate and publicly notify the sea area subject to total pollution load control (hereinafter referred to as “sea area subject to total pollution load control”) in consultation with the heads of relevant central administrative agencies and the Mayor/Governor. <Amended on Jul. 2, 2019>
(2) In designating a sea area subject to total pollution load control under paragraph (1), the sections of the rivers and their tributaries publicly notified pursuant to Article 12 (2) 1 of the Enforcement Decree of the Act on Water Management and Resident Support in the Nakdong River Basin, Article 10 (2) 1 of the Enforcement Decree of the Act on Water Management and Resident Support in the Geum River Basin, and Article 10 (2) 1 of the Enforcement Decree of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins and affected river basins shall be excluded. <Amended on Jul. 2, 2019>
 Article 12 (Items Subject to Total Pollution Load Control)
(1) The Minister of Oceans and Fisheries shall determine items subject to total pollution load control from among the following items, after comprehensively considering the marine environmental standards, state of utilization of sea areas, state of water quality, etc. and consulting with the Mayor/Do Governor having jurisdiction over the relevant sea area subject to total pollution load control: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017; Jul. 2, 2019>
1. Chemical oxygen demand;
2. Nitrogen;
3. Phosphorus;
4. Heavy metals.
(2) To implement total pollution load control for the items detailed in paragraph (1), the Minister of Oceans and Fisheries shall establish basic policies for total pollution load management, which include the following (hereinafter referred to as "basic policies for total pollution load management") and inform the Mayor/Do Governor having jurisdiction over the relevant sea area subject to total pollution load control of such basic directions: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
1. Items subject to total pollution load control and target water quality;
2. Methods of examining the sources of pollution and calculating pollution loads;
3. Allotment of pollution loads by river area, administrative district and source of pollution;
4. Criteria for approving a master plan for total pollution load management, which is established by the Mayor/Do Governor pursuant to paragraph (3);
5. Criteria for approving action plans for total pollution load management established by a Metropolitan City Mayor, a Special Self-Governing Province Governor, or the heads of Sis and Guns (excluding the heads of Guns in Metropolitan Cities; hereafter in this Article through Article 15 the same shall apply) pursuant to paragraph (4);
6. Minor matters not requiring approval to revise a master plan for total pollution load management and action plans therefor, which are established pursuant to paragraphs (3) and (4).
(3) The relevant Mayor/Do Governor shall establish a master plan for total pollution load management, which includes the following in accordance with the basic policies for total pollution load management and obtain approval from the Minister of Oceans and Fisheries. The same shall also apply where he or she intends to revise the master plan for total pollution load management (excluding revisions to the minor matters referred to in paragraph (2) 6): <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
1. Details of regional development plans;
2. Allotment of pollution loads to each local government having jurisdiction;
3. Total pollution load discharged from regions and sea areas and plans for the reduction thereof;
4. Pollution load additionally discharged as a result of a regional development plan and plan for the reduction thereof.
(4) A Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall establish an action plan for total pollution load management in accordance with the master plan for total pollution load management formulated under paragraph (3) (hereinafter referred to as the “master plan for total pollution load management”), and shall take action as follows. The foregoing shall also apply to revision (excluding revision of minor matters referred to in paragraph (2) 6) of the action plan for total pollution load management: <Amended on Jul. 2, 2019>
1. A Metropolitan City Mayor and a Special Self-Governing Province Governor shall obtain approval for the action plan for total pollution load management from the Minister of Oceans and Fisheries;
2. The head of a Si/Gun shall submit the action plan for total pollution load management to the Minister of Oceans and Fisheries after obtaining approval for such plan from the relevant Do Governor.
(5) The Minister of Oceans and Fisheries may conduct research, examinations, etc. necessary for establishing the master plan for total pollution load management and action plans for total pollution load management under paragraph (4) (hereinafter referred to as “action plans for total pollution load management"), and demand that the results thereof be reflected in such plans, and Mayors/Do Governors or the heads of Sis or Guns shall comply with such demand unless there is compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
(6) The Minister of Oceans and Fisheries may organize and operate a council comprised of relevant experts, etc. to determine and adjust items subject to total pollution load control and target water quality, and conduct research and examinations on the implementation of total pollution load control, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
 Article 13 (Allotment of Pollution Load to Each Business Place)
(1) To achieve and maintain the target water quality determined in the basic policies for total pollution load management, the Minister of Oceans and Fisheries may request the Minister of Environment to allot pollution loads or designate discharge quantities to any of the following facilities: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 17, 2017; Jan. 16, 2018; Jul. 2, 2019>
1. A public wastewater treatment facility subject to the criteria for the water quality of discharged water under Article 12 (3) of the Water Environment Conservation Act;
2. A facility subject to the criteria for the water quality of discharged water (limited to public sewage treatment facilities, excreta treatment facilities, and private sewage treatment facilities) under Article 7 of the Sewerage Act;
3. A purification facility subject to the criteria for the water quality of discharged water under Article 13 of the Act on the Management and Use of Livestock Excreta.
(2) When requesting the Minister of Environment to allot pollution loads or to designate discharge quantities pursuant to paragraph (1), the Minister of Oceans and Fisheries shall forward the master plan for total pollution load management and action plans for total pollution load management to the Minister of Environment. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
(3) Upon receipt of a request to allot pollution loads or to designate discharge quantities pursuant to paragraph (1), the Minister of Environment may do so by final outfall or unit period.
(4) Where deemed necessary to achieve or maintain the target water quality set in the basic policies for total pollution load management, a Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may allot pollution loads or designate discharge quantities by final outfall or unit period for facilities (limited to private sewage treatment facilities) subject to the permissible discharge levels under Article 32 of the Water Environment Conservation Act and criteria for the water quality of discharged water under Article 7 of the Sewerage Act. <Amended on Jan. 16, 2018; Jul. 2, 2019>
(5) The Minister of Environment, a Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall hear from interested persons when allotting pollution loads or designating discharge quantities pursuant to paragraph (3) or (4). <Amended on Jul. 2, 2019>
(6) Any person for whom a pollution load is allotted or a discharge quantity is designated pursuant to paragraph (3) or (4) shall measure pollution loads and discharged quantities, as prescribed in the Water Environment Conservation Act, the Act on the Management and Use of Livestock Excreta or the Sewerage Act, and record and keep the results of such measurements conscientiously. <Amended on Jan. 16, 2018>
(7) With respect to the facilities which have discharged pollutants in excess of the allotted pollution loads or designated discharge quantities provided for in paragraph (3), the Minister of Oceans and Fisheries may request the Metropolitan City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun having jurisdiction over such facilities to take necessary measures, such as the improvement of treatment facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
(8) In cases of discharging pollutants in excess of the pollution load allotted or discharge quantity designated pursuant to paragraph (4) or at the request of the Minister of Oceans and Fisheries under paragraph (7), any Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may order the relevant business entity to take measures, such as the improvement of facilities for a specified period, and a person who has received such order shall comply therewith. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
(9) The methods and procedures for issuing an order for taking measures, confirmation of the performance of such an order, etc. under paragraph (8) shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 14 (Evaluation of Performance of Total Pollution Loads Control)
(1) A Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall evaluate the implementation of the action plans for total pollution load management for the preceding year as publicly notified by the Minister of Oceans and Fisheries and report thereon to the Minister of Oceans and Fisheries (hereinafter referred to as "evaluation report"). In such cases, the head of a Si/Gun shall submit such report through the competent Do Governor. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
(2) Where deemed necessary to achieve the purpose of total pollution load control after reviewing the evaluation report submitted pursuant to paragraph (1), the Minister of Oceans and Fisheries may request the Metropolitan City Mayor, Special Self-Governing Province Governor, or the head of the relevant Si or Gun to formulate and implement necessary actions or countermeasures. In such cases, the Metropolitan City Mayor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun shall comply with such request unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
(3) A Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall prepare and keep a ledger of total pollution load control, as determined by the Minister of Oceans and Fisheries, to ascertain any increase and decrease in sources of pollution. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
 Article 15 (Financial Support)
(1) The State may give preference to local governments or business entities which implement total pollution load control, over the other local governments or business entities, in providing subsidies, loans, or other types of financial support to help them cover the expenses incurred in improving facilities required to implement total pollution load control. <Amended on Jul. 2, 2019>
(2) No head of a relevant administrative agency shall grant approval, permission, etc. for the following to local governments which have exceeded the pollution loads allotted to each local government under Article 12 (3) or have failed to establish and implement the master plan or action plans for total pollution load management without good cause: <Amended on Feb. 29, 2008; Nov. 16, 2011; Mar. 23, 2013; Jul. 2, 2019>
1. Performance of urban development projects under Article 2 (1) 2 of the Urban Development Act;
2. Development of industrial complexes defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act;
3. Development of tourist sites and tourism complexes defined in subparagraphs 6 and 7 of Article 2 of the Tourism Promotion Act;
4. Installation of facilities of at least the size prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) If the head of a relevant administrative agency violates paragraph (2), or if a Metropolitan City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun who implements total pollutant load control, fails to comply with a request under Article 14 (2) without good cause, the Minister of Oceans and Fisheries or the head of the relevant central administrative agency may suspend or reduce financial support or take other necessary measures. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019>
 Article 16 (Details of Master Plans for Environmental Management Sea Areas)
Matters necessary for managing environmental management sea areas prescribed by Presidential Decree pursuant to Article 16 (1) 5 of the Act shall be as follows: <Amended on Feb. 29, 2008; Sep. 22, 2011; Mar. 23, 2013; Jan. 5, 2021>
1. Evaluating and managing the status of implementation of a master plan for environmental management sea areas and a plan for the management of each sea area;
2. Matters regarding total water pollutant load management in sea areas;
3. Matters regarding the management of water quality, sediment, and ecosystems in sea areas;
4. Establishment of investment plans for environmental improvement in sea areas;
5. Matters regarding the expansion of environmental capacity in sea areas, such as dredging of sediments and creation of artificial habitats;
6. Provision of technical and financial support for installing, operating, and managing facilities necessary to prevent marine pollution and to improve the marine environment;
7. Matters regarding publicity and education on the preservation of the marine environment;
8. Other matters deemed necessary by the Minister of Oceans and Fisheries.
[Title Amended on Sep. 22, 2011]
 Article 17 (Organization of Project Management Task Force)
The project management task force referred to in Article 16 (4) of the Act shall be comprised of the following persons: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Public officials belonging to the Ministry of Oceans and Fisheries;
2. Public officials belonging to relevant central administrative agencies and local governments;
3. Experts, etc. in marine environmental management from academic circles, research institutes, etc.
 Article 18 Deleted. <Jul. 7, 2009>
 Article 19 Deleted. <Jul. 7, 2009>
 Article 20 Deleted. <Jul. 7, 2009>
 Article 21 Deleted. <Jul. 7, 2009>
 Article 22 Deleted. <Jul. 7, 2009>
 Article 23 Deleted. <Jul. 7, 2009>
 Article 24 (Marine Environmental Improvement Measures Taken by Sea Area Management Authority)
(1) The details of marine environmental improvement measures which a sea area management authority may take, pursuant to the subparagraphs of Article 18 (1) of the Act, are as specified in each of the following subparagraphs: <Amended on Dec. 1, 2020; Jan. 5, 2021>
1. Installation of containment booms for marine floating debris and silt screening system;
2. Collection and disposal of pollutants in marine space (excluding garbage);
3. Deleted. <Dec. 1, 2020>
(2) Where it is deemed that improvement is required in the installation and operation of public wastewater treatment facilities and excreta or livestock wastewater treatment facilities, any sea area management authority may request the heads of relevant administrative agencies to take necessary measures. In such cases, the heads of the relevant administrative agencies shall comply therewith unless there is a compelling reason not to do so. <Amended on Jan. 17, 2017>
 Article 24-2 (Marine Environmental Improvement Measures to be Taken by Minister of Oceans and Fisheries)
"Where a sea area or zone subject to marine environmental improvement measures referred to in paragraph (1) extends over the jurisdictions of at least two Mayors/Do Governors or in any other case prescribed by Presidential Decree" in the former part of Article 18 (2) of the Act means any of the following cases:
1. Where a sea area or zone subject to marine environmental improvement measures belongs to the jurisdictions of at least two Mayors/Do Governors;
2. Where it is deemed urgent to implement marine environmental improvement measures due to a disaster, etc.
[This Article Newly Inserted on Nov. 27, 2012]
[Title Amended on Mar. 23, 2013]
 Article 25 (Calculation of Marine Environmental Improvement Charges Imposed on Persons Who Engage in Business of Discharging Garbage into the Sea)
(1) Marine environmental improvement charges for discharging garbage into the sea by a person who engages in the business of discharging garbage into the sea under Article 19 (1) 1 of the Act shall be calculated by the following formula:
The quantity of the garbage discharged into the sea (cubic meter) × amount of the charge imposed per unit × imposition coefficient.
(2) The quantity of garbage discharged into the sea in the formula under paragraph (1) shall be based on the statement of disposal results under Article 21 (1) of the Management of Marine Garbage and Contaminated Marine Sediment Act. <Amended on Dec. 1, 2020>
(3) The amount of a charge imposed per unit and imposition coefficients by kind of garbage under Article 19 (3) of the Act shall be as specified in attached Table 3. <Sep. 22, 2011>
[This Article Wholly Amended on Dec. 31, 2009]
 Article 25-2 (Calculation of Marine Environmental Improvement Charges Imposed on Ships)
(1) "Pollutants at least in the quantity prescribed by Presidential Decree" in Article 19 (1) 2 of the Act shall be as specified in attached Table 3-2.
(2) A marine environmental improvement charge imposed for the discharge of pollutants from ships or marine facilities prescribed in Article 19 (1) 2 of the Act shall be calculated by the following formula: <Amended on Apr. 30, 2018>
The quantity of the pollutants discharged into the sea (liter) × the amount of money to be imposed per unit × imposition coefficient.
(3) The quantity of the pollutants discharged into the sea in the formula under paragraph (2) shall be calculated by deducting the removed or remaining quantity after discharge, from the loaded or stored quantity before discharge (in the case of fuel oil of a ship, including the quantity used during navigation of the ship from the loaded quantity): Provided, That, in unavoidable cases where the remaining quantity cannot be known due to submersion, damage, etc. of a ship, the remaining quantity may be calculated by using the hydrodynamic principle, etc., taking into account the kinds of pollutants and weather conditions.
(4) “Case prescribed by Presidential Decree” in Article 19 (2) 3 of the Act means cases where pollutants discharged outside the sea areas and water zones prescribed in Article 3 (1) 1 and 2 of the Act have not flowed into the same sea areas and water zones. <Newly Inserted on Sep. 22, 2011>
(5) The amount of a charge imposed per unit and imposition coefficients for different types of pollutants under Article 19 (3) of the Act shall be as specified in attached Table 3-3. <Amended on Sep. 22, 2011>
(9) Deleted. <Sep. 22, 2011>
[This Article Newly Inserted on Dec. 31, 2009]
 Article 26 (Imposition and Collection of Marine Environmental Improvement Charges)
(1) The Minister of Oceans and Fisheries shall calculate and impose the marine environmental improvement charge under Article 19 (1) 1 and 2 of the Act (hereinafter referred to as "charges") pursuant to the following classification and issue a notice of payment by the 15th day of the month following the relevant quarter or the month in which such charge is calculated, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Dec. 31, 2009; Mar. 23, 2013>
1. Article 19 (1) 1 of the Act: Each quarter;
2. Article 19 (1) 2 of the Act: Upon discharging the pollutants.
(2) Deleted. <Dec. 31, 2009>
(3) Such charges shall be paid by the last day of the month in which a notice of payment is served.
(4) Notwithstanding paragraphs (1) and (3), where the business of discharging garbage into the sea terminates in the middle of a quarter, a notice of payment for the relevant quarter may be issued within 15 days from the date on which the Minister of Oceans and Fisheries becomes aware of such termination. In such cases, the deadline for payment for the relevant quarter shall be 15 days from the date on which a notice of payment has been served. <Amended on Dec. 31, 2009>
[Title Amended on Dec. 31, 2009]
 Article 27 (Payment of Charges in Installments)
(1) Any person who intends to pay charges in installments pursuant to Article 19 (4) of the Act shall submit a written application therefor (including applications in electronic documents) to the Minister of Oceans and Fisheries within five days from the receipt of a notice of payment. <Amended on Feb. 29, 2008; Sep. 22, 2011; Mar. 23, 2013>
(2) Where a person liable to pay charges falls under any of the following cases, the Minister of Oceans and Fisheries may permit the person to pay them in installments. In such cases, the Minister of Oceans and Fisheries shall notify the person in writing as to whether permission is granted: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Where a charge payable exceeds 10 million won;
2. Where the person has sustained a substantial loss to his or her property due to a natural disaster or accident.
(3) Where any of the following applies to a person liable to pay a charge who has received a notice of permission to pay the charge in installments, the Minister of Oceans and Fisheries may cancel such permission and collect the charges related to the installment payments at once. In such cases, the Minister of Oceans and Fisheries shall inform the person, in writing, of the decision: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 17, 2021>
1. Where the person fails to make installment payment by the prescribed deadline;
2. Where it is deemed impracticable to collect the full amount of charges related to the installment payments by the prescribed deadline as the person falls under any of the subparagraphs of Article 9 (1) of the National Tax Collection Act, or on other grounds similar thereto.
 Article 28 (Calculation of Installment Payments)
(1) The number of installment payments under Article 27 (2) shall not exceed three times and the deadline for the first installment payment shall be the last day of the month in which a notice of payment of the relevant charge is served. <Amended on Dec. 31, 2009>
(2) The total amount of the installment payments under paragraph (1) shall be, in principle, equated monthly, and the deadline for each installment payment shall be the last day of each month. <Newly Inserted on Dec. 31, 2009>
(3) Any person liable to pay charges in installments shall pay interest calculated based on the balance computed by subtracting the installment payment amounts paid until the immediately preceding installment payment or the sum of such installment payments from the total amount of installment payments for the number of days during the period from the day following the deadline for the immediately preceding installment payment to the deadline for each installment payment. In such cases, such interest shall be calculated by multiplying the amount to be paid by annual interest rate of 6/100. <Amended on Dec. 31, 2009>
 Article 29 (Adjustment of Charges)
(1) In any of the following cases, the Minister of Oceans and Fisheries shall adjust a charge through re-calculation, and, if there is a difference between the amount paid already and the amount of payment adjusted, he or she shall reimpose or refund the difference: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Where a charge is imposed on a wrong person or the wrong method of calculation is employed;
2. Where the amount of an installment payment and the interest thereon are miscalculated;
3. Where the amount of a charge is erroneously imposed due to other causes.
(2) When the Minister of Oceans and Fisheries intends to impose an adjusted charge or refund a charge pursuant to paragraph (1), he or she shall issue a written notice stating the amount of, deadline for, and place of, payment, and other necessary matters. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 30 (Application for Adjustment of Charges)
(1) When any of the subparagraphs of Article 29 (1) applies to a person who has received a notice of payment of a charge or has obtained permission to pay a charge in installments, he or she may apply for the adjustment of the charge within 30 days from the receipt of such notice or permission.
(2) Upon receipt of an application for adjustment filed under paragraph (1), the Minister of Oceans and Fisheries shall inform the relevant applicant or a person who has newly become subject to the payment of the charge of the processing results within 30 days, and if there is a difference between the amount already paid and the amount of payment adjusted, he or she shall reimpose or refund the difference pursuant to Article 29 (2). <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) No application for adjustment under paragraph (1) shall affect a deadline for payment of charges.
 Article 31 Deleted. <Apr. 30, 2018>
 Article 32 (Surcharges)
(1) “Surcharge prescribed by Presidential Decree” in the former part of Article 20 (1) of the Act means the equivalent to 1/1,000 of the charge in arrears per day of delinquency. <Amended on Apr. 30, 2018>
(2) The Minister of Oceans and Fisheries may allow the surcharges referred to in Article 20 (1) of the Act to be paid in installments. <Amended on Jun. 30, 2016; Apr. 30, 2018>
(3) Regarding the installment payments of the surcharges referred to in paragraph (2), Articles 27 (excluding paragraph (2) 1) and 28 shall apply mutatis mutandis. In such cases, “charges” shall be construed as “surcharges” and “written application for installment payment of charges” as “written application for installment payment of surcharges.” <Newly Inserted on Jun. 30, 2016>
 Article 32-2 (Demand)
Where the Minister of Oceans and Fisheries intends to demand payment pursuant to Article 20 (2) of the Act, he or she shall notify a person liable to pay of the amount of a charge and the amount of a surcharge to be paid, the payment deadline, and the payment place.
[This Article Newly Inserted on Apr. 30, 2018]
 Article 33 (Projects Related to Charges)
(1) "Project prescribed by Presidential Decree" in subparagraph 8 of Article 21 of the Act means any of the following:
1. Projects to research, develop, and lay the groundwork for core technologies for environment-friendly ships;
2. Projects to collect and utilize information on the development of technologies for environment-friendly ships both domestically and internationally;
3. Projects to improve energy efficiency of ships;
4. Projects to support purchasing and converting environment-friendly ships and installing and replacing machinery and equipment used in environment-friendly ships;
5. Other projects that the Minister of Oceans and Fisheries deems necessary for developing, utilizing, and disseminating technologies for environment-friendly ships.
(2) "Project prescribed by Presidential Decree" in subparagraph 9 of Article 21 of the Act means any of the following:
1. Projects to implement and support measures to reduce marine pollution;
2. Projects to support civil organizations in conserving and managing marine environment and preventing marine pollution.
[This Article Wholly Amended on Jun. 27, 2017]
CHAPTER III REGULATIONS FOR PREVENTION OF MARINE POLLUTION
 Article 34 (Marine Space)
The scope of marine space under Article 22 (2) of the Act shall be as specified in attached Table 4.
 Article 35 Deleted. <Dec. 1, 2020>
 Article 35-2 Deleted. <Dec. 1, 2020>
 Article 36 Deleted. <Dec. 1, 2020>
 Article 37 (Examination and Measurement Activities)
(1) Any sea area management authority shall examine and measure the quantity of discharge and influx of pollutants by kind and source of pollution in order to efficiently establish and implement comprehensive plans for the marine environment pursuant to Article 10 (1) of the Act on Conservation and Utilization of the Marine Environment. <Amended on Sep. 19, 2017; Dec. 1, 2020>
(2) Any sea area management authority may request the heads of relevant agencies to grant access to entrance-restricted zones under their jurisdiction, submit necessary data, or provide support for examination and measurement activities under Article 24 (2) of the Act. In such cases, the heads of the relevant agencies shall comply with such request unless there is a compelling reason not to do so.
(3) Any sea area management authority shall conduct examinations and measurements under Article 24 (2) of the Act each year, and where a Mayor/Do Governor is a sea area management authority, he or she shall report the results thereof to+ the Minister of Oceans and Fisheries by the end of February of the following year. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 38 Deleted. <Dec. 1, 2020>
 Article 39 (Qualifications for and Duties of Marine Pollution Prevention Managers in Ships)
(1) ”A person qualified as prescribed by Presidential Decree” in Article 32 (1) and (3) of the Act means a marine pollution prevention manager in a ship and a person qualified as a substitute therefor as prescribed in attached Table 5, respectively. <Amended on Dec. 29, 2020>
(2) The duties of and matters to be observed by the marine pollution prevention manager and his or her substitute under Article 32 (1) and (3) of the Act shall be as follows: <Amended on Jun. 27, 2017; Apr. 30, 2018; Dec. 29, 2020>
1. Recording entries in and keeping a garbage record book and oil record book (in the case of ships transporting noxious liquid substances in bulk, a noxious liquid substances record book shall be included);
2. Direction and supervision for transportation or discharge of pollutants or air pollutants;
3. Maintenance of marine pollution prevention equipment and inspection of their operating conditions;
4. Maintenance and inspection of air pollution prevention equipment;
5. Management of materials and chemicals for marine pollution response;
6. Where pollutants under Articles 63 (1) and 64 (1) of the Act are discharged, making a prompt report and taking necessary emergency measures;
7. Completion of educational and training programs on marine pollution prevention and pollution response, and provision of education to crew members of the relevant ship (limited to marine pollution prevention managers) under Article 121 of the Act;
8. Other matters necessary for the prevention of pollution incidents which may be caused by the relevant ship.
[Title Amended on Apr. 30, 2018]
 Article 40 (Qualifications for and Duties of Marine Pollution Prevention Managers in Marine Facilities)
(1) ”A person qualified as prescribed by Presidential Decree” in Article 36 (1) and (3) of the Act means a marine pollution prevention manager in a marine facility and a person qualified as a substitute therefor prescribed in attached Table 5, respectively. <Amended on Dec. 29, 2020>
(2) The duties of and matters to be observed by the marine pollution prevention manager and his or her substitute under Article 36 (1) and (3) of the Act shall be as follows: <Amended on Jun. 27, 2017; Apr. 30, 2018; Dec. 29, 2020>
1. Recording entries in and keeping a marine facility pollutant record book;
2. Directions and supervision for transportation or discharge of pollutants;
3. Maintenance of marine pollution prevention equipment and inspection of their operating conditions;
4. Management of materials and chemicals for marine pollution response;
5. Where pollutants under Articles 63 (1) and 64 (1) of the Act are discharged, making a prompt report and taking necessary emergency measures;
6. Completion of educational and training programs on marine pollution prevention and pollution response, and provision of education of the workers of the relevant facility (limited to marine pollution prevention managers) under Article 121 of the Act;
7. Other matters necessary for the prevention of pollution incidents which may be caused by the relevant facility.
[Title Amended on Apr. 30, 2018]
 Article 40-2 (Agency Specializing in Safety Inspections)
"Agency specializing in safety inspections and equipped with the facilities and devices prescribed by Presidential Decree" in Article 36-2 (5) of the Act means the following agencies: <Amended on Jan. 16, 2018; Apr. 30, 2018; Dec. 29, 2020>
1. An agency having equipment for each field of safety examination as referred to in Article 23 (1) of the Enforcement Decree of the Special Act on the Safety Control and Maintenance of Establishments and subparagraph 3 of attached Table 11 of the same Decree;
2. An agency having equipment as referred to in Article 14 (1) of the Enforcement Decree of the Act on the Safety Control of Hazardous Substances and subparagraph 3 of attached Table 7 of the same Decree.
[This Article Newly Inserted on Sep. 24, 2014]
 Article 41 (Requests for Submission of Data Necessary for Measurement and Examination)
The data the Minister of Oceans and Fisheries may request from relevant administrative agencies pursuant to Article 39 (2) of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 27, 2017>
1. Data on the measurement by persistent pollutant measurement networks under Article 11 of the Persistent Pollutants Control Act;
2. Information on an order of improvement, order of suspension of use and order of closure under Article 16 of the Persistent Pollutants Control Act and the implementation thereof;
3. Data on the major sources of discharge, discharge routes and amount of discharge of persistent pollutants under Article 18 of the Persistent Pollutants Control Act;
4. Data on assessment of the impact of persistent pollutants under Article 19 of the Persistent Pollutants Control Act;
5. Information on the lines of business, and business entities which handle persistent pollutants.
CHAPTER IV REGULATIONS FOR PREVENTION OF AIR POLLUTION AT SEA
 Article 42 (Sulphur Content Standards for Fuel Oil)
(1) "Sulphur content standards prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 44 (1) of the Act means any of the following:
1. Sulphur oxides emission control sea areas: 0.1 percent (weight percent);
2. Other sea areas:
(a) Light oil: 0.5 percent (weight percent): Provided, That in the case of ships sailing only in territorial seas and exclusive economic zones under Article 3 (1) 1 and 2 of the Act, 0.05 percent (weight percent);
(b) Heavy oil: 0.5 percent (weight percent).
[This Article Wholly Amended on Dec. 29, 2020]
 Article 43 (Quality Standards for Fuel Oil)
"Quality standards for fuel oil prescribed by Presidential Decree" in the main clause of, with the exception of the subparagraphs, of Article 45 (1) of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 29, 2020>
1. In the case of fuel oils manufactured by refining petroleum, all of the following conditions shall be satisfied:
(a) It shall be a hydrocarbon compound (including additives to improve performance);
(b) It shall not contain inorganic acid;
(c) It shall not contain additives or chemical garbage prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. In the case of fuel oils manufactured by methods other than that prescribed under subparagraph 1, all of the following conditions shall be satisfied:
(a) The nitrous oxides emitted during the operation of a ship engine shall not exceed the permissible emission limit of nitrous oxides under the main clause of Article 43 (1), with the exception of its subparagraphs, of the Act;
(b) Inorganic acid shall not be contained in the raw materials to be compounded;
(c) It shall not endanger any ship or adversely affect its mechanical capacity;
(d) It shall not cause any harm to the human body;
(e) It shall not increase air pollution.
CHAPTER V MEASURES FOR MARINE POLLUTION RESPONSE
 Article 44 (Formulating and Implementing National Emergency Pollution Response Plans)
(1) The following shall be included in national emergency pollution response plans formulated under Article 61 (1) of the Act: <Amended on Sep. 22, 2011>
1. Precautionary measures against discharge of pollutants:
(a) Organization and operation of the national pollution response system and response organization;
(b) Duties and roles of relevant agencies, etc. for the preparation against and response to marine pollution;
(c) Preparation of pollution response equipment, materials and chemicals;
(d) Education and training for the preparation against and response to marine pollution;
(e) Organization and operation of a system for assistance and cooperation for response to pollution among neighboring countries;
(f) Advice and support by pollution response experts;
(g) Examination, research, technical development, etc. for marine pollution response;
2. Plans for pollution response to discharge of pollutants:
(a) Scope of emergency pollution response measures to be taken by the State;
(b) Performance of pollution response activities, such as the investigation of pollution sites, decisions on the method of pollution response, and the supervision and control of the sea areas hit by an accident;
(c) Urgent mobilization and provision of pollution response equipment, materials and chemicals;
(d) Measures for ensuring safety on the water and preventing danger;
(e) Post-management, such as a study on the impact and damage caused by marine pollution incidents;
(f) Necessary matters in relation to pollution response measures, such as evaluation of pollution response, and standards for the completion of pollution response.
(2) The Commissioner of the Korea Coast Guard may formulate and implement action plans for regional emergency pollution response tailored to each region to facilitate the implementation of the national emergency pollution response plan. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(3) Matters to be included in the action plan for regional emergency pollution response shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 45 (Composition and Operation of Pollution Response Headquarters)
(1) The Commissioner of the Korea Coast Guard shall serve as the head of the pollution response headquarters under Article 62 (3) of the Act (hereafter in this Article referred to as the "head of the headquarters") composed of the public officials belonging to the Korea Coast Guard and persons dispatched by the heads of relevant institutions. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(2) The head of the headquarters may request the heads of relevant institutions to dispatch persons to work for the pollution response headquarters and to provide personnel, devices, etc. needed for pollution response. In such cases, the heads of the relevant institutions shall comply with such request unless there is a compelling reason not to do so.
(3) The head of the headquarters shall perform the duties specified in each of the following subparagraphs: <Amended on Sep. 22, 2011>
1. Analysis and assessment of pollution incidents and overall supervision of pollution response;
2. Assistance and cooperation for pollution response among neighboring countries;
3. Prevention of a spill or leak and spread of pollutants;
4. Decision on the scope of mobilization of pollution response personnel and equipment, etc., and supervision and control of polluted sites;
5. Establishment of pollution response strategies, and decision on and execution of pollution response methods;
6. Necessary matters other than those prescribed in subparagraphs 1 through 5, in relation to pollution response measures.
(4) The head of the headquarters may organize and operate a council for the provision of pollution response technology, which consists of relevant experts, to provide technical assistance and advice for the preservation of the marine environment and for scientific pollution response.
(5) In order to facilitate cooperation and assistance for pollution response, the head of the headquarters may allow the chiefs of coast guard stations to require relevant public officials of the competent agencies, executive officers and employees of related organizations and companies, representatives of residents, etc. to compose and operate local pollution response committees. <Newly Inserted on Sep. 22, 2011; Nov. 19, 2014; Jul. 26, 2017>
(6) The composition and operation of the pollution response headquarters, a council for the provision of pollution response technology, and a local pollution response committee, the allowance payment to their members, and other necessary matters shall be determined separately by the Commissioner of the Korea Coast Guard. <Amended on Sep. 22, 2011; Nov. 19, 2014; Jul. 26, 2017>
 Article 46 Deleted. <Sep. 22, 2011>
 Article 47 (Criteria for Filing Report in Event of Discharge of Pollutants)
"Permissible emission limit prescribed by Presidential Decree" in Article 63 (1) with the exception of its subparagraphs, of the Act means the limits specified in attached Table 6.
 Article 48 (Pollution Response Measures in Event of Discharge of Pollutants)
(1) The pollution response measures under Article 64 (1) of the Act are those listed in each of the following subparagraphs, which shall be the most effective measures available at the site after emergency measures have been taken to prevent the discharge of pollutants, prevent the spread of discharged pollutants and remove such pollutants:
1. Installation of fences to prevent the spread of pollutants and other measures necessary therefor;
2. Measures for preventing the discharge of pollutants, such as emergency repair of damaged parts of ships or facilities, and towing and salvaging hulls;
3. Measures for transhipping pollutants loaded on a relevant ship or facility to another ship or facility, or cargo hold;
4. Measures for recovering discharged pollutants;
5. Measures for removing pollutants originated from materials and chemicals used for marine pollution response;
6. Measures for preventing secondary pollution by recovered pollutants;
7. Measures for the safe disposal of collected pollutants, and substances the reuse of which is impossible, from among the materials and chemicals used for pollution response.
(2) The Commissioner of the Korea Coast Guard may, if necessary for the measures for pollution response under paragraph (1), take the measures prescribed in each of the following subparagraphs directly or request support from relevant institutions: <Amended on Nov. 19, 2014; Jul. 26, 2017>
1. Control of ships travelling in polluted sea areas;
2. Measures to ensure safety of ships in polluted sea areas;
3. Provision, etc. of personnel, equipment, facilities, etc.
 Article 49 (Order to Take Pollution Response Measures)
An order to take pollution response measures under Article 64 (3) of the Act shall include the following:
1. Duration of pollution response measures;
2. Designation of sea areas requiring pollution response measures;
3. Pollution response measures under Article 48 (1).
 Article 50 (Scope of Cost-Bearing)
(1) The scope of costs associated with pollution response measures to be borne by any person falling under Article 63 (1) 1 or 2 of the Act (hereinafter referred to as “persons responsible for pollution response”) or by the owner of a ship or marine facility pursuant to the latter part of Article 64 (4) of the Act or the main clause of Article 68 (4) of the Act shall be as specified in attached Table 7. <Amended on Sep. 22, 2011; Apr. 30, 2018>
(2) Where the Commissioner of the Korea Coast Guard or the heads of the local governments or administrative agencies prescribed in the subparagraphs of Article 68 (2) of the Act intend to charge the costs under paragraph (1) to the owner of a relevant ship or marine facility pursuant to the main clause of Article 68 (4) of the Act, he or she shall give notice to the persons responsible for pollution response, clearly specifying the basis for the calculation of such costs. <Amended on Sep. 22, 2011; Apr. 30, 2018>
 Article 51 (Placement of Pollution Response Ships)
(1) The owner of a ship or marine facility and the Korea Marine Environment Management Corporation referred to in Article 96 (1) of the Act (hereinafter referred to as the "Corporation") shall comply with attached Table 8 when placing or installing (including joint placement and installation; hereafter in this Article the same shall apply) pollution response ships or pollution response equipment (hereinafter referred to as "pollution response ships, etc.") pursuant to Article 67 (1) and (2) of the Act. <Amended on Apr. 30, 2018>
(2) Except as otherwise provided for in paragraph (1), matters necessary for placement and installation shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Where the Corporation entrusted with the placement of pollution response ships, etc. pursuant to the latter part of Article 67 (4) of the Act takes pollution response measures or measures to prevent discharge, the associated costs shall be borne by persons responsible for pollution response. <Amended on Apr. 30, 2018>
 Article 52 (Measures for Pollution Response and Cost-Bearing of Administrative Agency)
(1) Where a person responsible for pollution response discharges an unidentified pollutant, the Commissioner of the Korea Coast Guard, the head of Si/Gun/Gu, or the head of an administrative agency managing the facilities under paragraph (4) (hereinafter referred to as "agency enforcing measures for pollution response") shall first take measures for pollution response against such pollutant. <Amended on Nov. 19, 2014; Jul. 26, 2017; Jul. 2, 2019>
(2) Any agency enforcing measures for pollution response shall first take measures for pollution response pursuant to paragraph (1), but in any of the following cases, may request the president of the Corporation to do so. In such cases, the president of the Corporation shall comply with such request in the absence of good cause:
1. Where the person responsible for pollution response under paragraph (1) discharges an unidentified pollutant;
2. Where it is deemed that pollution response measures taken by the person responsible, alone, are not enough to address the issue or emergency pollution response is deemed necessary pursuant to Article 68 (1) of the Act.
(3) Where the Corporation has taken measures for pollution response pursuant to paragraph (2), the president of the Corporation may charge the expenses incurred therefor to the relevant agency enforcing measures for pollution response and the agency enforcing measures for pollution response shall reimburse the president of the Corporation for such expenses.
(4) "Facilities prescribed by Presidential Decree" in Article 68 (2) 3 of the Act means the harbor facilities (excluding water facilities) under subparagraph 5 of Article 2 of the Harbor Act. <Amended on Dec. 14, 2009; Sep. 22, 2011>
 Article 53 (Grounds for Exemption from Cost-Bearing)
"Circumstances prescribed by Presidential Decree" in the proviso of Article 68 (4) of the Act means conditions resulting from a war, a calamity or other force majeure events. <Amended on Sep. 22, 2011>
 Article 54 (Criteria and Procedures for Imposing Pollution Response Contributions)
(1) The criteria and procedures for the imposition of pollution response contributions to be made to the Corporation by persons responsible for placement pursuant to Article 69 (3) of the Act are as stated in attached Table 9.
(2) In any of the following cases, the Corporation may adjust or refund the pollution response contributions already imposed or paid: <Newly Inserted on Mar. 9, 2011>
1. Where it is unnecessary to pay a pollution response contribution due to the change, etc. in a voyage plan by the owner of a ship or marine facility;
2. Where a pollution response contribution is imposed on a wrong person or wrong calculation method is used.
(3) When adjusting or refunding a pollution response contribution under paragraph (2), the Corporation shall notify, in writing, such fact to a person liable to pay the pollution response contribution, stating the relevant amount, payment due date, place of payment, period for refund or other necessary matters. <Newly Inserted on Mar. 9, 2011>
(4) A person who has received a payment notice of pollution response contribution (including the notice given under paragraph (3)) may file an application for adjustment with the Corporation within 90 days after receipt of the payment notice. In such cases, no application for adjustment shall have any effect on the payment due date of the pollution response contribution. <Newly Inserted on Mar. 9, 2011; Sep. 19, 2017>
(5) If any application for adjustment is filed under paragraph (4), the Corporation shall notify the processing results in writing within 30 days thereafter; and if any difference exists between the amount already paid and the amount adjusted, the difference shall be reimposed or refunded. <Newly Inserted on Mar. 9, 2011>
(6) The amount of a pollution response contribution shall be re-calculated every three years. <Amended on Mar. 9, 2011; Dec. 30, 2014>
(7) Other matters regarding the procedures for imposition and collection of pollution response contributions shall be prescribed by the articles of association of the Corporation under Article 98 (1) of the Act. <Amended on Mar. 9, 2011>
 Article 54-2 (Surcharges)
“Surcharge prescribed by Presidential Decree” in the former part of Article 69-2 (1) of the Act means the equivalent to 1/1,000 of the pollution response contribution in arrears per day of the delinquent period.
[This Article Newly Inserted on Apr. 30, 2018]
 Article 54-3 (Demand)
Where the Corporation intends to demand payment pursuant to Article 69-2 (2) of the Act, it shall notify a person liable to pay of the amount of a pollution response contribution and the amount of a surcharge to be paid, the payment deadline, and the payment place.
[This Article Newly Inserted on Apr. 30, 2018]
 Article 54-4 (Submission of Data for Calculating Pollution Response Contributions)
(1) Pursuant to Article 69-3 (1) of the Act, the Corporation may request a person liable to pay pollution response contributions to submit data according to the following classification:
1. A person liable to pay pollution response contributions prescribed in Article 67 (1) 1 or 2 of the Act: The following documents:
(a) A certificate of the ship's nationality prescribed in Article 8 (2) of the Ship Act;
(b) The ship’s entry report prescribed in Article 4 (1) of the Act on the Arrival and Departure of Ships;
(c) A report on bringing dangerous substances prescribed in Article 32 of the Act on the Arrival and Departure of Ships;
2. A person liable to pay pollution response contributions prescribed in Article 67 (1) 3 of the Act: The following documents:
(a) The documents prescribed in the items of subparagraph 1;
(b) The details of a report on marine facilities and of a report on changes prescribed in Article 33 of the Act;
(c) A report on the shipment of goods into a bonded area prescribed in Article 176 (1) of the Enforcement Decree of the Customs Act;
(d) A declaration on import prescribed in Article 246 (2) of the Enforcement Decree of the Customs Act.
(2) Where the Corporation requests submission of data according to Article 69-3 (1) of the Act, it shall notify a person liable to pay pollution response contributions of the following matters in writing (including electronic documents) at least 30 days prior to the submission deadline:
1. The grounds for requesting submission;
2. The deadline for submission;
3. The list of documents to be submitted;
4. The methods for submission.
[This Article Newly Inserted on Apr. 30, 2018]
CHAPTER VI MARINE ENVIRONMENTAL MANAGEMENT BUSINESS
 Article 55 (Registration of Marine Environmental Management Business)
(1) Any person who intends to file for registration of marine pollution response business or oil hold cleaning business under Article 70 (1) 2 and 3 of the Act shall submit an application for registration prescribed by Ordinance of the Ministry of Oceans and Fisheries to the Commissioner of the Korea Coast Guard, accompanied by the following documents (including electronic documents): <Newly Inserted on Dec. 29, 2020>
1. Articles of incorporation (limited to corporations);
2. Statement of ships, equipment and devices;
3. Documents proving current status of technical staff members and their qualification.
(2) Upon receipt of an application pursuant to paragraph (1), the Commissioner of the Korea Coast Guard shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the applicant does not consent to the verification of a document under subparagraph 2, the Commissioner of the Korea Coast Guard shall require him or her to submit the relevant documents: <Amended on Dec. 29, 2020>
1. Corporate registration certificate (limited to corporations);
2. National pension subscriber certificate or health insurance entitlement status certificate of the technical staff members engaging in the relevant project.
(3) The Commissioner of the Korea Coast Guard shall approve the registration applications under paragraphs (2), except in any of the following cases: <Newly Inserted on Sep. 22, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 1, 2020; Dec. 29, 2020>
1. Cases falling under any of the subparagraphs of Article 71 of the Act;
2. Failure to hold technical staff members with the qualification under Article 56 (1);
3. Failure to be equipped with a ship, device, equipment, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries;
4. Other cases in violation of the restrictions prescribed in the Act, this Decree or other statutes or regulations.
(4) The Commissioner of the Korea Coast Guard shall issue a certificate of registration prescribed by Ordinance of the Ministry of Oceans and Fisheries to those who have filed for registration of marine environmental management business pursuant to paragraphs (2). <Amended on Feb. 29, 2008; Sep. 22, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 1, 2020>
 Article 56 (Technical Staff Members of Marine Environmental Management Business)
"A technical staff member with the qualification as prescribed by Presidential Decree" in subparagraph 2 of Article 70 of the Act, means a person who meets all the following requirements:
1. Any of the following shall be applicable to the technical staff member:
(a) A person who holds a qualification for an engineer of the marine environment, engineer of the water pollution environmental industry, engineer of the waste disposal industry under the National Technical Qualifications Act, or fifth class engineer officers or higher under the Ship Personnel Act;
(b) A person who has work experience of at least three years in marine pollution response business or oil hold cleaning business;
2. Five years have not passed from the date he or she completed education and training courses under subparagraph 3 of Article 121 of the Act.
(2) A person who intends to register marine environmental management business pursuant to Article 70 (2) of the Act shall hold at least one technical staff member with the qualifications under paragraph (1): Provided, That where concurrently operating marine pollution response business and oil hold cleaning business under Article 70 (1) 2 or 3 of the Act, he or she need not hold technical staff members at the same time.
[This Article Wholly Amended on Dec. 29, 2020]
 Article 56-2 Deleted. <Dec. 1, 2020>
 Article 57 Deleted. <Dec. 1, 2020>
CHAPTER VII MARINE POLLUTION IMPACT SURVEYS
 Article 58 (Marine Pollution Impact Surveys)
(1) "Quantity prescribed by Presidential Decree" in Article 77 (1) of the Act means the quantity provided for in attached Table 12.
(2) The criteria for designation of marine pollution impact survey institutions under Article 77 (2) of the Act (hereinafter referred to as "survey institution") shall be as stated in attached Table 13.
(3) "Period set by Presidential Decree" in Article 77 (3) of the Act means three months from the occurrence of an incident, and "there is an urgent need for such survey, as prescribed by Presidential Decree” means any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Where a massive amount of pollutants is discharged, in excess of the scale prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. Where a massive damage is likely to occur to mariculture facilities, etc. due to the dissemination of pollutants.
 Article 59 (Detailed Items of Marine Pollution Impact Survey by Area)
The detailed items of a marine pollution impact survey by area under Article 78 of the Act shall be as shown in attached Table 14.
 Article 60 (Costs for Marine Pollution Impact Surveys)
(1) The Minister of Oceans and Fisheries may determine and publicly notify standard costs incurred in conducting surveys, considering sea areas, quantity of pollution generated, etc. pursuant to Article 80 of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) "Other causes prescribed by Presidential Decree" in the proviso of Article 80 (1) of the Act means any of the following:
1. Cases falling under Article 22 (3) 1 or 3 of the Act;
2. Cases where the owner of a ship or installer of a marine facility goes bankrupt.
 Article 60-2 (Expenses for Taking Measures for Risk-Reduction of Sunken Ships)
(1) The extent of expenses to be borne by the owner of a sunken ship (referring to a ship sunken under the sea after a marine accident defined in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents; hereafter in this Article the same shall apply) pursuant to the main clause of Article 83-2 (3) of the Act shall be as follows:
1. Expenses for salvaging and collecting all or part of the hull of a sunken ship;
2. Expenses for collecting and recovering fuel oil;
3. Expenses for salvaging and collecting all or part of the cargoes on board a sunken ship (including cargoes which had been on board a sunken ship but dropped out of it).
(2) Where it is impracticable to identify the owner of a sunken ship, the Minister of Oceans and Fisheries may, in accordance with the proviso of Article 83-2 (3) of the Act, cover the expenses incurred in taking measures under Article 83-2 (1) 3 of the Act by selling the sunken ship by public auction: Provided, That the same shall not apply where the value of the relevant sunken ship is expected to be smaller than the expenses incurred in the public auction.
(3) Where the Minister of Oceans and Fisheries intends to sell a sunken ship by public auction under the main clause of paragraph (2), the following information shall be publicly announced on the bulletin board and website of the Ministry of Oceans and Fisheries for at least 14 days:
1. Name of the sunken ship put up for public auction and major data thereon;
2. Time and venue for public auction;
3. Amount of bid bond, if any.
(4) If any balance remains after deducting the expenses incurred in taking the measures referred to in Article 83-2 (1) 3 of the Act and the expenses incurred in public auction from the amount acquired through the public auction conducted under the main clause of paragraph (2), the Minister of Oceans and Fisheries shall deposit it in accordance with the Deposit Act.
[This Article Newly Inserted on Jun. 17, 2013]
CHAPTER VIII CONSULTATION ON UTILIZATION OF SEA AREAS
 Article 61 (Consultation on Utilization of Sea Areas)
(1) Businesses subject to consultation on the utilization of sea areas under Article 84 (1) of the Act shall be classified into two categories: Those which have a bigger influence on the marine environment, requiring a careful consideration and consultation (hereinafter referred to as "business subject to general consultation on utilization of sea areas"); and small-scale businesses, which have a minor influence on the marine environment (hereinafter referred to as "business subject to simplified consultation on utilization of sea areas").
(2) The scope of businesses subject to general consultation on utilization of sea areas and that of those subject to simplified consultation on utilization of sea areas under paragraph (1) shall be as specified in attached Table 15.
 Article 62 (Sea Areas)
"Sea areas prescribed by Presidential Decree" in the proviso of Article 84 (1) 3 of the Act means specially-managed sea areas. <Amended on Jul. 2, 2019>
 Article 63 (Sea Area Utilization Impact Assessment)
(1) "Scale prescribed by Presidential Decree" in the main clause of Article 85 (1), with the exception of its subparagraphs, of the Act is as specified in attached Table 16. <Amended on Dec. 31, 2009>
(2) Businesses to be exempt from the sea area utilization impact assessment pursuant to the proviso of Article 85 (1), with the exception of its subparagraphs, of the Act means those subject to the environmental impact assessment provided for in attached Table 3 of the Enforcement Decree of the Environmental Impact Assessment Act (hereinafter referred to as "business subject to environmental impact assessment"): Provided, That the same shall not apply to any of the following, which is conducted in the seas or seashores (excluding cases where the rivers defined in subparagraph 1 of Article 2 of the River Act are included) under Article 2 of the Public Waters Management and Reclamation Act: <Amended on Dec. 24, 2008; Oct. 14, 2010; Jul. 20, 2012>
1. Extraction of minerals under the Mining Industry Act;
2. Extraction of aggregate under Article 22 of the Aggregate Extraction Act;
3. Designation of aggregate extraction complexes under Article 34 of the Aggregate Extraction Act;
4. Submarine mining industries aimed at exploiting submarine minerals under the Submarine Mineral Resources Development Act.
(3) “Acts prescribed by Presidential Decree" in Article 85 (1) 9 of the Act means using and developing marine resources in accordance with Article 8 (1) 11 of the Public Waters Management and Reclamation Act. <Newly Inserted on Nov. 27, 2012>
(4) Deleted. <Mar. 23, 2013>
 Article 64 (Method for Preparing Statements on Sea Area Utilization Impact Assessment)
(1) A statement on sea area utilization impact assessment, etc. under Article 85 of the Act shall be prepared using scientific methods of survey, etc. to ensure its reliability in compliance with the Korean standard method of examination for the marine environment under Article 10 of the Act.
(2) Any agent of sea area utilization impact assessment registered under Article 86 (1) of the Act (hereinafter referred to as "assessment agent") shall conscientiously prepare a statement on sea area utilization impact assessment in accordance with the terms and conditions of a subcontract and the principle of good faith.
(3) Any assessment agent shall prepare the record of sea area utilization impact assessments conducted in the preceding year and report it to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Dec. 31, 2009; Mar. 23, 2013>
 Article 65 (Application for Registration of Assessment Agents)
(1) Any person who intends to be registered as an assessment agent pursuant to Article 86 (1) of the Act shall submit a written application for registration (registration for change thereof) as a sea area utilization impact assessment agent to the Minister of Oceans and Fisheries, together with the following documents: <Amended on Feb. 29, 2008; May 4, 2010; Nov. 2, 2010; Mar. 23, 2013>
1. Deleted; <Nov. 2, 2010>
2. A specification of facilities and devices: Provided, That where a contract has been entered into on the use of other person's facilities and devices, a copy of such contract;
3. Each one of the documents verifying technical skills and the relevant qualifications (limited to cases where it is impractical to verify them with national technical qualification certificates).
(2) In receipt of an application for registration under paragraph (1), the Minister of Oceans and Fisheries shall verify the following administrative information through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where an applicant does not consent to the verification under subparagraphs 2 and 3, the applicant shall submit the respective copies of the relevant documents: <Newly Inserted on Nov. 2, 2010; Mar. 23, 2013>
1. In the case of a corporation, a certified copy of a corporate registration certificate;
2. In the case of an individual, a business registration certificate;
3. A national technical qualification certificate verifying technical skills.
(3) The Minister of Oceans and Fisheries shall approve the registration under paragraph (1), except the application falling under any of the following cases: <Newly Inserted on Sep. 22, 2011; Mar. 23, 2013>
1. Where it falls under any of the subparagraphs of Article 87 of the Act;
2. Where it fails to satisfy registration standards in terms of personnel, facilities, and devices, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
3. Where it violates the restrictions prescribed in the Act, this Decree, or other statutes or regulations.
 Article 66 (Criteria for Calculating Costs for Conducting Assessment as Agent)
The Minister of Oceans and Fisheries shall determine and publicly notify the criteria for calculating costs necessary for assessment agents registered under Article 65 to perform their duties. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 67 (Notification of Opinions)
(1) Upon receipt of a request for consultation on sea area utilization, or for sea area utilization impact assessment pursuant to Article 91 (1) of the Act (hereinafter referred to as "consultation on utilization of sea areas, etc.") from a license-granting agency, the Minister of Oceans and Fisheries shall inform the agency of his or her review opinions within a period prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, matters necessary for reviewing a sea area utilization consultation form and a statement on sea area utilization impact assessment shall be determined by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may conduct an on-site inspection before notifying his or her opinions pursuant to Article 91 (1) of the Act, if the business subject to consultations on utilization of sea areas, etc. may have a significant impact on the marine environment and is likely to cause a damage to the environment. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 5, 2021>
(3) “Agency in charge of impact review following the consultation on utilization of sea areas, etc., which are prescribed by Presidential Decree" in the main clause of Article 91 (2) of the Act means the National Fisheries Research and Development Institute; and “businesses prescribed by Presidential Decree” in the proviso of the same paragraph means those subject to consultation on utilization of small sea areas listed in subparagraph 2 of attached Table 15. <Amended on Sep. 22, 2011>
(4) In any of the following cases, the Minister of Oceans and Fisheries may request a license-granting agency to supplement documents regarding consultation on utilization of sea areas, etc.: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Where the analysis of the impact on the marine environment is missing or considerably insufficient;
2. Where there is an omission or lack of significant matters so that it is impracticable to present opinions on consultation on utilization of sea areas, etc. for the business in question without supplementation;
3. Where the environmental status survey, the forecast and analysis of impact, and the mitigation measures are not appropriate;
4. Where the opinions of interested persons, such as residents, are not reflected (limited to a statement on sea area utilization impact assessment).
(5) The Minister of Oceans and Fisheries shall, in principle, make a request for supplementation under paragraph (4) only on one occasion: Provided, That the same shall not apply where it is deemed impossible to make a decision in response to the request for consultation on utilization of sea areas, etc. without further supplementation. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 68 (Raising Objections)
(1) Any person who intends to raise an objection to an opinion notified pursuant to the former part of Article 92 (1) of the Act shall file an objection with the Minister of Oceans and Fisheries, stating the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Details of and grounds for the objection;
2. Details of the intended changes to the notified opinion;
3. Analysis of the impact of the changes to the notified opinion.
(2) Upon receipt of an objection filed under Article 92 (2) of the Act, the Minister of Oceans and Fisheries shall inform the person who has filed an objection of his or her review results, including the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Whether to agree to the details of the objection;
2. Results of analyzing the propriety of the details of and grounds for the objection;
3. Suggestion for additional measures for mitigating additional environmental pollution upon changes to the notified opinion.
 Article 69 (Ex Post Facto Management)
(1) Any license-granting agency shall inform the Minister of Oceans and Fisheries of the results of ex post facto management, as to whether the details of consultations are implemented, by January 31 of the following year pursuant to Article 93 (2) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) Where a sea area utilization business entity or a business entity subject to assessment (hereinafter referred to as "sea area utilization business entity, etc.") fails to implement the details of consultations on utilization of sea areas, etc. and opinions on consultations on utilization of sea areas, etc., a license-granting agency shall order such business entity to take measures necessary for the implementation thereof.
(3) Where a sea area utilization business entity, etc. fails to comply with an order for taking measures under paragraph (2), any license-granting agency shall issue a second order for taking measures, and where the sea area utilization business entity, etc. fails to comply with even the second order by the relevant deadline, the agency shall order the sea area utilization business entity to suspend its business until the order for taking measures is complied with.
(4) Where a license-granting agency takes or issues a measure or an order under paragraphs (2) and (3), it shall inform the Minister of Oceans and Fisheries of the details thereof without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(5) The Minister of Oceans and Fisheries and license-granting agencies may require sea area utilization business entities, etc. to submit materials on the implementation of the details of consultations in order to verify whether the details of consultation have been implemented under Article 93 (2) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 70 (Application)
(1) Where a sea area utilization business entity, etc. revises his or her business plan after obtaining a license, etc. for the business plan pursuant to Article 94 (1) of the Act, the relevant license-granting agency shall inform the Minister of Oceans and Fisheries of the details of such revision. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) “Where ... as prescribed by Presidential Decree” in the proviso of Article 94 (1) of the Act means any of the following: <Amended on Sep. 22, 2011; Mar. 23, 2013>
1. Where the business is downsized;
2. Where the changed scale of business is eligible for consultations on utilization of small sea areas;
3. Cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, where the scale of business does not increase and the impact of the change on the marine environment is trivial.
 Article 71 (Businesses Subject to Marine Environmental Impact Surveys)
(1) The period and cycle of a marine environmental impact survey to be conducted by sea area utilization business entities, etc. under Article 95 (4) of the Act are detailed by business type in attached Table 17.
(2) The following items shall be included in the marine environmental impact survey under Article 95 (4) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017>
1. Items for which the marine environmental standards are set;
2. Items for which the marine environmental standards are not set and which the Minister of Oceans and Fisheries suggests as at the time he or she gives notice of his or her opinion regarding sea area utilization consultation forms or on statements on sea area utilization impact assessment under Article 91 (1) of the Act.
CHAPTER IX KOREA MARINE ENVIRONMENT MANAGEMENT CORPORATION
 Article 72 (Projects of Corporation)
(1) "Projects prescribed by Presidential Decree" in Article 97 (1) 3 (c) of the Act means any of the following: <Amended on Dec. 29, 2020>
1. Vicarious preparation of shipboard marine pollution emergency plan under Article 31 (1) of the Act and marine facility pollution emergency plan under Article 35 (1) of the Act;
2. Support for and fostering of marine pollution response business under Article 70 (1) 2 of the Act;
3. International cooperation concerning marine pollution response;
4. Research and development, and technology outsourcing concerning marine pollution response;
5. Education, training, and publicity on marine pollution response;
6. Management of submerged ships (including ships on the verge of submerging, and submerged ships).
(2) "Projects prescribed by Presidential Decree" in Article 97 (1) 8 of the Act means any of the following: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Deleted; <Dec. 1, 2020>
2. Marine pollution impact survey under Article 77 (1) of the Act;
3. Vicarious preparation of statements on sea area utilization impact assessment under Article 86 (1) of the Act;
4. Performance test for marine environment measuring equipment, or materials and chemicals under Article 110 (5) of the Act;
5. Operation of ships for garbage disposal;
6. Leasing its property to finance marine environment-related projects;
7. Management of neglected ships;
8. Projects that the Corporation is allowed to conduct under other statutes or regulations;
9. Projects approved by the Minister of Oceans and Fisheries necessary for the purpose of the establishment of the Corporation.
(3) "Facilities prescribed by Presidential Decree" in Article 97 (2) of the Act means any of the following facilities: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 27, 2017; Dec. 1, 2020>
1. Marine environment measuring facilities under Article 9 (1) of the Act;
2. Facilities that prevent the inflow and spread of pollutants and facilities that collect and dispose of pollutants under Article 18 (1) of the Act;
3. Pollutants storage facilities under Article 38 of the Act;
4. Ship dismantling yards under Article 111 (3) of the Act;
5. Facilities related to the disposal of garbage discharged or flowing into the sea;
6. Facilities necessary for the establishment of the Corporation, and the installation of which is approved by the Minister of Oceans and Fisheries.
 Article 73 (Operation of Board of Directors)
(1) Each of the following matters shall be determined by the resolution of the board of directors pursuant to Article 102 (5) of the Act:
1. Matters regarding business plans, budget, and settlement of accounts of the Corporation;
2. Matters regarding amendment of the articles of association;
3. Matters regarding investment, contribution, and borrowing funds under Article 104 of the Act;
4. Matters regarding the issuance of bonds under Article 106 of the Act;
5. Matters regarding the enactment, amendment, and repeal of rules prescribed by the articles of association;
6. Matters regarding the acquisition and management of important property and disposal thereof;
7. Matters regarding the dissolution and liquidation of the Corporation;
8. Matters regarding litigation and reconciliation.
(2) Other matters necessary for the operation of the board of directors shall be prescribed by the articles of association.
 Article 74 (Investments)
The Corporation shall submit a plan stating the following to the Minister of Oceans and Fisheries when it intends to make an investment or contribution pursuant to Article 104 (1) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Necessity of investment or contribution;
2. The kind and value of the property for investment or contribution;
3. Outline of the business in which or to which investment or contribution is to be made;
4. Other matters necessary for investment or contribution.
 Article 75 (Borrowing)
Where the Corporation intends to obtain approval for borrowing funds pursuant to Article 104 (3) of the Act, it shall submit a written application therefor to the Minister of Oceans and Fisheries, including the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Grounds for borrowing funds and amount of funds to be borrowed;
2. Lender;
3. Terms and conditions for borrowing funds;
4. Method and period of repayment of borrowed funds;
5. A copy of the minutes of the meeting of the board of directors in which the borrowing is determined.
 Article 76 (Form of Bonds)
Bonds issued by the Corporation pursuant to Article 106 (1) of the Act shall be unregistered: Provided, That they may be issued in registered form at the request of a subscriber or a bearer.
 Article 77 (Method for Issuing Bonds)
(1) The Corporation shall issue its bonds by means of offering, firm commitment underwriting, or sale.
(2) Where bonds are issued by means of sale pursuant to paragraph (1), the period of sale as well as the matters specified in Article 78 (2) 1 through 6 shall be publicly announced in advance.
 Article 78 (Subscription to Bonds)
(1) Any person who intends to subscribe to the offering shall include the number of the bonds and the prices for underwriting them and the address of the underwriter in two copies of a bonds subscription form, and have them signed and sealed: Provided, That where the bonds are issued at the lowest fixed price, the subscription prices shall be included.
(2) The following information shall be included in the bonds subscription form:
1. Name of the Corporation;
2. Total amount of bonds issued;
3. Par value of bonds by denomination;
4. Interest rate;
5. Method and term of redemption and interest payment method;
6. Issuance price or minimum issuance price of bonds;
7. Where any unredeemed bond exists, the total amount thereof;
8. Where a company is entrusted with offering, its trade name and address.
 Article 79 (Methods for Firm Commitment Underwriting)
Article 78 shall not apply to underwriting of the total amount of bonds under a contract. Where a company entrusted with offering underwrites a portion of the bonds, the same shall also apply to the portion underwritten.
 Article 80 (Total Amount of Bonds Issued)
Even where the total amount of the bonds actually subscribed to falls short of the total amount of the bonds issued stated in the bonds subscription form, the Corporation may enter a statement in the bonds subscription form to the effect that it issues the bonds. In such cases, the total amount of the bonds subscribed shall be considered to be the total amount of the issued bonds.
 Article 81 (Payment of Prices for Underwriting Bonds)
(1) The Corporation shall, without delay, after subscription to bonds, have subscribers pay for all of the bonds they have underwritten.
(2) Any company entrusted with offering may perform the act under paragraph (1) in its name, on behalf of the Corporation.
(3) In cases of issuing bonds by means of offering, the bonds shall not be issued before the payment for the total amount of the issued bonds is made in full.
 Article 82 (Matters to Be Stated on Bonds)
Bonds shall state each of the following matters and be signed and sealed by the president of the Corporation:
1. Name of the Corporation;
2. Matters under Article 78 (2) 2 through 5 (in cases of issuing bonds by means of sale, matters under Article 78 (2) 2 shall be excluded);
3. Bond number;
4. Date of issuance.
 Article 83 (Bond Ledger)
(1) The Corporation shall keep a bond ledger in its principal office and include the following information:
1. Number of bonds by denomination and serial number of each bond;
2. Date of issuance;
3. Matters referred to in Article 78 (2) 2 through 5 and 8.
(2) Where a bond is in registered form, the following information shall be included, in addition to those specified in the subparagraphs of paragraph (1):
1. Name and address of the bond holder;
2. Date of acquisition of the bond.
(3) The holder or bearer of a bond may demand perusal of a bond ledger at any time during the working hours of the Corporation.
 Article 84 (Absence of Interest Coupons)
(1) In redeeming a bond in unregistered form which is issued with interest coupons, if any interest coupon is absent, the amount equivalent thereto shall be deducted from the amount of redemption.
(2) The bearer of such coupon in absence under paragraph (1) may claim the payment of the amount deducted in exchange for such interest coupon.
 Article 85 (Notice to Bond Bearer)
(1) The Corporation shall issue notice or peremptory notice to a subscriber to a bond or a person entitled to a bond before the issuance of the bond to the address as stated in the bonds subscription form. In such cases, if the Corporation is notified of a different address, it shall send them to such address.
(2) The Corporation shall issue notice or peremptory notice to bearers of bonds in unregistered form by means of public announcement: Provided, That the same shall not apply where the address of the bearers of such bonds is known.
(3) The Corporation shall issue notice or peremptory notice to the bearers of bonds in registered form to the address as stated in the bond ledger. In such cases, if the Corporation is notified of a different address, it shall send it to such address.
 Article 86 (Business Plans and Budget)
(1) The Corporation shall prepare a business plan and a budget plan for the following fiscal year by November 30 each year pursuant to Article 107 (2) of the Act and submit them to the Minister of Oceans and Fisheries for his or her approval. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The budget plan referred to in paragraph (1) shall include the general rules of budget, estimated balance sheet and estimated statement of profits and losses and shall be accompanied by annexes needed to clarify the details thereof.
(3) When the Corporation intends to modify its business plan or budget approved by the Minister of Oceans and Fisheries, it shall submit a document stating the changes to be made and grounds therefor to the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 87 (Submission of Settlement of Accounts)
A balance sheet of the settlement of accounts for each fiscal year the Corporation submits to the Minister of Oceans and Fisheries pursuant to Article 107 (3) of the Act shall be accompanied by the following documents: <Amended on Feb. 29, 2008; Mar. 23, 2013; May 10, 2016; Oct. 30, 2018>
1. The balance sheet and statement of profits and losses for the relevant year;
2. A comparison chart of business plans and performance thereof for the relevant year;
3. An audit report prepared by an accounting firm established under Article 23 of the Certified Public Accountant Act or by an audit team referred to in subparagraph 7 (b) of Article 2 of the Act on External Audit of Stock Companies;
4. Other documents needed to clarify the details of the settlement of accounts.
CHAPTER X SUPPLEMENTARY PROVISIONS
 Article 88 (Conclusion of Agreements)
(1) Where the Korea Maritime Transportation Safety Authority or a classification society intends to conclude an agreement pursuant to Article 112 (1) and (2) of the Act, it shall file an application therefor with the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 11, 2019>
(2) The term of the agreement under paragraph (1) shall be up to five years and may be extended, as determined by the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) Matters to be included in the agreement under paragraph (1) shall be as shown in attached Table 18.
(4) When the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard has concluded an agreement pursuant to paragraph (1), he or she shall publicly notify the details thereof without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 89 (Entrance for Inspection and Reporting)
(1) In any of the following cases, the Minister of Oceans and Fisheries may require a public official under his or her jurisdiction to enter a ship for inspection pursuant to Article 115 (1) of the Act: <Amended on Feb. 29, 2008; Dec. 31, 2009; Mar. 23, 2013>
1. Where necessary for preventing pollution from ships;
2. Where entrance to ships, ship-related business places and offices is deemed necessary upon review of the materials submitted by an agency.
(2) Entrance to ships for inspection and reporting thereon under paragraph (1) 1 may be made once a year for each ship: Provided, That the same shall not apply to special cases, such as a ship accident.
(3) In any of the following cases, the Minister of Oceans and Fisheries may require a public official under his or her jurisdiction to enter marine facilities, etc. for inspection pursuant to Article 115 (2) of the Act: <Amended on Feb. 29, 2008; Dec. 31, 2009; Mar. 23, 2013; Apr. 30, 2018; Apr. 30, 2018>
1. Where it is intended to verify whether or not the collection, disposal, and storage of pollutants under Articles 37 (1) 1 and 38 of the Act are against the law;
2. Where a marine facility reported pursuant to Article 33 of the Act is deemed to have discharged residual pollutants in an environmental management sea area in excess of the applicable standards;
3. Where it is intended to verify whether or not a ship fuel oil supplier has committed any illegality in the process of supplying fuel oil to a ship pursuant to Article 45 of the Act;
4. Where the owner of a marine facility who has installed a vapour emissions control system pursuant to Article 47 (2) of the Act is suspected of emitting oil vapour;
5. Deleted; <Dec. 1, 2020>
6. Deleted. <Dec. 1, 2020>
7. Where it is intended to verify whether or not a person who has obtained type approval prescribed in Article 110 (3) of the Act has complied with law in manufacturing, producing, or importing equipment subject to type approval.
(4) In any of the following cases, the Commissioner of the Korea Coast Guard may have the materials prescribed by Ordinance of the Ministry of Oceans and Fisheries submitted or reported or may allow a public official under his or her jurisdiction to enter the relevant facility for verification, inspection, or survey under Article 115 (3) of the Act: <Amended on Feb. 29, 2008; Dec. 31, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 30, 2018>
1. Where it is intended to verify whether or not a marine facility pollutant record book under Article 34 of the Act is kept and the records thereof are maintained;
2. Where it is intended to verify whether or not a marine facility pollution emergency plan under Article 35 of the Act has been implemented and is appropriate;
3. Where it is intended to verify the appointment of a marine pollution prevention manager, his or her completion of education and state of management of duties under Article 36 of the Act;
4. Where it is intended to verify whether or not materials and chemicals are provided and pollution response ships, etc. are placed or installed, under Articles 66 and 67 of the Act;
5. Where it is intended to verify whether or not a person engaged in marine pollution response business or oil hold cleaning business prescribed in Article 70 (1) 2 or 3 of the Act has performed the duties prescribed in Article 72 of the Act;
6. Deleted. <Apr. 30, 2018>
(5) "Where an emergency prescribed by Presidential Decree occurs" in Article 115 (4) of the Act means any of the following cases: <Amended on Dec. 31, 2009>
1. Where marine pollution occurs on a ship;
2. Where marine pollution is likely to occur as a result of a ship accident;
3. Where it is intended to verify the cause of marine pollution, the cause of which is unknown.
 Article 90 (Marine Environmental Guards)
(1) The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard shall appoint any of the following public officials under his or her jurisdiction as a marine environmental guard pursuant to Article 116 (1) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Aug. 3, 2015; Jul. 26, 2017>
1. A person who is qualified as an engineer of marine engineering, engineer of marine resources development, engineer of marine environment, marine survey industrial engineer, engineer of shipbuilding, engineer of the water pollution environmental industry, engineer of the air pollution environmental industry, engineer of the garbage disposal industry, engineer of the chemical industry, or engineer of hazardous materials or higher certificate holders, or those qualified as a mate, engineer or navigator of third grade or higher;
2. A person who has at least one year's work experience in the business relevant to the marine environment;
3. A public official appointed to oversee trade ports pursuant to Article 20 of the Enforcement Decree of the Act on the Arrival, Departure, etc. of Ships;
4. A ship survey officer appointed pursuant to Article 76 of the Ship Safety Act.
(2) The duties of marine environmental guards shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 1, 2020>
1. Marine environmental guards under the jurisdiction of the Minister of Oceans and Fisheries:
(a) Matters regarding entrance for inspection and reporting under Article 89 (1);
(b) Surveillance of garbage flowing into or discharged into ocean;
(c) Survey on water quality and sources of pollution in ocean;
(d) Guidance on and inspection of a person entrusting the discharge of garbage into the sea under Article 7 (6) of the Management of Marine Garbage and Contaminated Marine Sediment Act and a facility of a marine garbage management business entity under Article 21 (1) of the same Act;
(e) Survey on sources of pollution for the improvement of the marine environment in environment management sea areas;
(f) Surveillance of discharge of pollutants from marine facilities, and guidance and inspection for the prevention of marine pollution (excluding duties related to marine facility pollutants record book, marine facility pollution emergency plan, and marine pollution prevention managers);
2. Marine environmental guards under the jurisdiction of the Commissioner of the Korea Coast Guard:
(a) Matters regarding entrance for inspection and reporting under Article 94 (2) 8;
(b) Surveillance of discharge of pollutants from marine facilities and guidance and inspection for the prevention of marine pollution (limited to duties related to marine facility pollutants record book, marine facility pollution emergency plan, and marine pollution prevention managers);
(c) Inspection and guidance of facilities operated by marine pollution response business entities and oil hold cleaning business entities;
(d) Inspection of the placement and installation of pollution response ships, etc. and provision of materials and chemicals in marine facilities;
(e) Where it is deemed that pollutants are discharged or are suspected of being discharged, survey activities and collection, etc. of pollutant samples for identification and analysis.
 Article 91 (Subsidies from National Treasury)
The State or a local government may provide a subsidy to private organizations for the businesses and activities in each of the following subparagraphs pursuant to Article 119 (3) of the Act:
1. Activities for marine pollution surveillance and purification of the marine environment;
2. Marine pollution response;
3. Marine environment-related research and development;
4. Surveys, research, publicity, and education on the marine environment.
 Article 91-2 (Provision of Monetary Rewards for Reporting)
(1) A person who intends to receive monetary reward for reporting under Article 119-2 (1) of the Act (hereinafter referred to as “monetary reward”) shall file an application therefor with the Minister of Oceans and Fisheries, the Commissioner of the Korea Coast Guard, a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereafter in this Article referred to as the “Minister of Oceans and Fisheries, etc.”), as prescribed by Ordinance of the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) Upon receipt of an application for a monetary reward under paragraph (1), the Minister of Oceans and Fisheries, etc. shall verify relevant facts, including an offender and the volume of emitted garbage, with related administrative agencies or investigative agencies, decide whether to grant the monetary reward and the amount to be provided, and provide the monetary reward within 30 days from such decision: Provided, That no monetary reward shall be provided when a public official files a report or accusation in relation to his or her duties. <Amended on Mar. 23, 2013; Dec. 29, 2020>
(3) A monetary reward of up to three million won shall be provided in accordance with the standards provided for in attached Table 18-2.
(4) Where at least two persons respectively have reported for a single case or accuse an offender of a single case, and have filed an application for a monetary reward, the Minister of Oceans and Fisheries, etc. shall provide the monetary reward to the first person who has made such report or accusation: Provided, That where at least two persons have jointly reported for a single case or accuse an offender of a single case, have and filed an application for a monetary reward after reaching a prior agreement on the apportionment of the monetary reward, the Minister of Oceans and Fisheries, etc. shall provide such monetary reward in accordance with the agreement. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Sep. 22, 2011]
 Article 92 (Education and Training for Marine Pollution Prevention Managers)
(1) Details of education and training courses under subparagraphs 1 through 3 of Article 121 of the Act shall be as follows: <Amended on Dec. 29, 2020>
1. Education and training courses related to the qualifications of marine pollution prevention managers in ships under Article 32 (1) of the Act: Preventing and responding to marine pollution, such as preventing the discharge of pollutants or air pollutants from ships;
2. Education and training courses related to the qualifications of marine pollution prevention managers in marine facilities under Article 36 (1) of the Act: Preventing and responding to marine pollution, such as preventing the discharge of pollutants or air pollutants from marine facilities;
3. Education and training courses related to the qualifications of technical staff members under Article 70 (2) of the Act: Preventing and responding to marine pollution.
(2) Matters regarding the period of, procedures, etc. for education and training courses under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Dec. 29, 2020>
(3) Matters regarding the recognition, etc. of education and training courses similar to those provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 93 (Fee Exemption)
Where the payer of a pollution response contribution under Article 69 (1) of the Act has entrusted the placement and installation of pollution response ships, etc. to the Corporation pursuant to Article 67 (2) of the Act, the Corporation may exempt such payer from the relevant fees when collecting fees for the placement and installation of pollution response ships, etc. pursuant to Article 122 (2) of the Act.
 Article 94 (Delegation of Authority)
(1) Deleted. <Nov. 19, 2014>
(2) Pursuant to Article 123 (1) of the Act, the Minister of Oceans and Fisheries shall entrust the authority as to the following matters to the chief of a relevant coast guard station: <Amended on Feb. 29, 2008; Sep. 22, 2011; Mar. 23, 2013; Nov. 19, 2014; Jan. 6, 2015; Jul. 26, 2017>
1. Deleted; <Nov. 19, 2014>
2. Deleted; <Nov. 19, 2014>
3. Deleted; <Nov. 19, 2014>
4. Deleted; <Nov. 19, 2014>
5. Deleted; <Nov. 19, 2014>
6. Deleted; <Nov. 19, 2014>
7. Deleted; <Nov. 19, 2014>
8. Orders for entrance for inspection of, and reports on the ships falling under each of the following under Article 115 (1) of the Act:
(a) Ships of the Republic of Korea, which serve domestic routes;
(b) Ships of the Republic of Korea, which serve international routes and for which the administrator of a regional office of oceans and fisheries has not performed an on-site inspection pursuant to Article 94 (4) 19;
9. Provision of monetary rewards under Article 119-2 of the Act;
10. Deleted. <Nov. 19, 2014>
(3) The Minister of Oceans and Fisheries shall delegate the following authority to the President of the National Institute of Fisheries Science pursuant to Article 123 (1) of the Act: <Newly Inserted on Dec. 29, 2020>
1. Organization of marine environmental measuring networks under Article 9 (1);
2. Determination and public notification of the Korean standard method of examination for the marine environment under Article 10 of the Act.
(4) The Minister of Oceans and Fisheries shall delegate the authority for the following matters to the administrators of regional offices of oceans and fisheries under Article 123 (1) of the Act: <Amended on Feb. 29, 2008; Dec. 31, 2009; Sep. 22, 2011; Nov. 27, 2012; Mar. 23, 2013; Apr. 22, 2013; Sep. 24, 2014; Nov. 19, 2014; Dec. 16, 2014; Jan. 6, 2015; Dec. 30, 2016; Jun. 27, 2017; Apr. 30, 2018; Jul. 2, 2019; Dec. 29, 2020>
1. Marine environmental improvement measures under Article 18 (1) of the Act (only applicable to environmental management sea areas and the national trade ports under Article 3 (2) 1 of the Harbor Act);
1-2. Examination of the sources of pollution in the marine environment Article 18 (3) of the Act;
1-3. Imposition and collection of charges under Article 19 (1) of the Act;
1-4. Approval of the rate of discharge under Article 22-2 (1) of the Act;
1-5. Issuance of an approval seal for an operation plan stating the method of transferring oil cargoes between oil tankers on the sea (hereinafter referred as to “ship-to-ship”) under Article 32-2 (1) of the Act;
1-6. Receipt of a report on a ship-to-ship operation plan under Article 32-2 (3) of the Act;
2. Receipt of reports on marine facilities (limited to the national trade ports under Article 3 (2) 1 of the Harbor Act and marine facilities in exclusive economic zones under Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf) and receipt of reports on changes thereof under Article 33 (1) of the Act;
2-2. Safety inspections of marine facilities under Article 36-2 (2) and (4) of the Act (limited to the national trade ports under Article 3 (2) 1 of the Harbor Act and marine facilities in exclusive economic zones under Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf);
2-3. Reviewing the ship energy efficiency management plan and issuing a confirmation of compliance of ship energy efficiency plan under Article 41-3 (3) of the Act;
2-4. Receipt of reporting of and verification of the ship fuel oil consumption, etc., and the issuance of a statement of compliance regarding ship fuel oil consumption, etc. under Article 41-4 (1) through (3) of the Act;
2-5. Designation and public notice of a company or organization to which equipment containing ozone depleting substances are delivered from ships prescribed in Article 42 (3) of the Act;
2-6. Recognition of the use of fuel oil which fails to meet the sulphur contents standards under Article 44 (1) 2 of the Act;
2-7. Issuance of an approval seal for a management plan which includes matters necessary to minimize the emission of volatile organic compounds in loading or unloading cargoes on or from oil tankers, or at sea under Article 47-2 (1) of the Act;
3. Marine pollution prevention survey or preliminary survey under Articles 49 through 54 of the Act;
4. Issuance of convention certificate pursuant to Article 55 (1) of the Act;
5. Orders to take measures against and suspension of navigation on noncompliant ships under Article 58 (1) and (2) of the Act;
6. Port state control for marine pollution prevention under Article 59 (1) of the Act;
7. Re-inspections under Article 60 of the Act;
8. Deleted; <Dec. 1, 2020>
8-2. Deleted; <Dec. 1, 2020>
8-3. Deleted; <Dec. 1, 2020>
9. Deleted; <Dec. 1, 2020>
10. Deleted; <Dec. 1, 2020>
10-2. Deleted; <Dec. 1, 2020>
11. Consultations on utilization of sea areas under Article 84 (1) of the Act (excluding cases where a license-granting agency is the head of a central administrative agency);
12. Sea area utilization impact assessments under Article 85 (1) of the Act (excluding cases where a license-granting agency is the head of a central administrative agency);
13. Registration of assessment agents under Article 86 (1) of the Act;
13-2. Acceptance of notification of closure of assessment agents' business under Article 86 (2) of the Act;
14. Cancellation of registration of assessment agents and orders to suspend business under Article 89 (1) of the Act;
14-2. Receipt of notification of a license, permission, or designation under Article 91 (4) of the Act;
14-3. Post-management, such as a request for cancellation of a license, under the former part of Article 93 (1) and (3) of the Act;
14-4. Receipt of notification of the results of a marine environmental impact survey under Article 95 (1) of the Act;
14-5. Requests for measures under Article 95 (2) of the Act;
15. Type approval for equipment subject to type approval under the main clause of Article 110 (3) of the Act;
15-2. Exemption from type approval for the equipment subject to type approval which have been manufactured, produced or imported for testing, research or development purposes under the proviso of Article 110 (3) of the Act;
16. Performance tests for equipment subject to type approval under Article 110 (5) of the Act;
17. Inspection for equipment subject to type approval under Article 110 (6) of the Act;
18. Cancellation of type approval for equipment subject to type approval and suspension of business under Article 110 (9) of the Act;
18-2. Receipt of a report referred to in Article 110-3 (2) of the Act submitted by a person who has obtained type approval prescribed in Article 110 (1) and (3) of the Act;
19. Entrance for inspection of ships (excluding ships of the Republic of Korea, which serve domestic routes) and reports under Article 115 (1) of the Act;
19-2. Submission of materials, reports, or entrance for inspection of marine facilities under Article 115 (2) of the Act (limited to the national trade ports under Article 3 (2) 1 of the Harbor Act and marine facilities in exclusive economic zones under Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf);
20. Designation of marine environmental guards under Article 116 (1) of the Act;
20-2. Appointment of honorary marine environmental guards and reimbursement of expenses under Article 116-2 (1) and (2) of the Act;
21. Orders for stopping, search and seizure of ships and prohibition against ships from entry into and departure from ports, etc. under Article 117 of the Act;
22. Deleted; <Dec. 1, 2020>
23. Hearings for revocation of registration of assessment agents under subparagraph 4 of Article 120 of the Act;
24. Hearings for revocation of type approval for facilities subject to type approval and suspension of business under subparagraph 5 of Article 120 of the Act;
25. Imposition and collection of administrative fines under Article 133 of the Act (excluding cases falling under paragraph (6) 4).
(5) The Commissioner of the Korea Coast Guard shall delegate the authority for the following matters to the chief of a coast guard station pursuant to Article 123 (1) of the Act: <Amended on Dec. 31, 2009; Sep. 22, 2011; Nov. 19, 2014; Jul. 26, 2017; Apr. 30, 2018; Jul. 2, 2019; Dec. 29, 2020>
1. Approval seals for a marine facility pollution emergency plan under Article 35 (1) and (2) of the Act;
1-2. Acceptance of the report on appointment of a marine pollution prevention manager under Article 36 (2) of the Act;
2. Orders to take pollution response measures and measures for pollution response under Article 64 (3) and (4) of the Act;
3. Orders to prohibit ships from entering into and departing from ports or to suspend use of facilities under Article 67 (3) of the Act;
4. Orders to take measures for pollution response and measures for prevention of discharge under Article 67 (4) of the Act;
5. Pollution response measures and measures for cost bearing under Article 68 (1), (2) and (4) of the Act;
5-2. Organization and operation, provision of education and training, and payment of expenses and compensation of a volunteer marine pollution response brigade under Article 68-2 (1) through (4) of the Act;
6. Registration of marine pollution response business and oil hold cleaning business under Article 70 (1) 2 and 3 of the Act;
7. Receipt of statements on disposal results with respect to the removal, cleaning and collection of pollutants under Article 72 (1) of the Act;
8. Receipt of reports on the succession to rights and duties of marine pollution response business entities and oil hold cleaning business entities under Article 74 (3) of the Act;
9. Revocation of registration of marine pollution response business and oil hold cleaning business, and orders to suspend business under Article 75 (1) of the Act;
10. Receipt of reports on ship dismantling, and orders to make corrections under Article 111 (1) and (2) of the Act;
11. Requests for cooperation of relevant institutions under Article 114 (1) of the Act;
12. Orders for entrance for inspections, reports, etc. under Article 115 (3) and (4) of the Act;
13. Designation of marine environmental guards under Article 116 (1) of the Act;
13-2. Appointment of honorary marine environmental guards and reimbursement of expenses under Article 116-2 (1) and (2) of the Act;
14. Orders to stop, search and seize ships and prohibition against ships from entering into and departing from ports, etc. under Article 117 of the Act;
14-2. Provision of monetary rewards for reports under Article 119-2 of the Act;
15. Hearings for revocation of registration of marine pollution response business and oil hold cleaning business under subparagraph 2 of Article 120 of the Act;
16. Imposition and collection of administrative fines under Article 133 of the Act.
(6) The Minister of Oceans and Fisheries shall delegate the authority for the following matters to the Mayor/Do Governor pursuant to Article 123 (1) of the Act, and the Mayor/Do Governor may re-delegate part of the authority to the head of a Si/Gun/Gu after obtaining approval therefor from the Minister of Oceans and Fisheries: <Newly Inserted on Dec. 31, 2009; Sep. 22, 2011; Mar. 23, 2013; Sep. 24, 2014; Jun. 27, 2017; Sep. 19, 2017; Apr. 30, 2018; Dec. 29, 2020>
1. Marine environmental improvement measures under Article 18 (1) of the Act (limited to the State-owned fishery harbors defined in subparagraph 3 (a) of Article 2 of the Fishing Villages and Fishery Harbors Act, coastal ports under Article 3 (1) 2 of the Harbor Act, and regional trade ports under paragraph (2) 2 of the same Article);
2. Receipt of reports on marine facilities (limited to marine facilities in national coastal ports under Article 3 (3) 1 of the Harbor Act) and receipt of reports on changes thereof under Article 33 (1) of the Act;
2-2. Safety inspections of marine facilities under Article 36-2 (2) and (4) of the Act (excluding the national trade ports under Article 3 (2) 1 of the Harbor Act and marine facilities in exclusive economic zones under Article 2 of the Exclusive Economic Zone Act);
3. Orders to submit materials or report on marine facilities under Article 115 (2) of the Act (excluding the national trade ports under Article 3 (2) 1 of the Harbor Act and marine facilities in exclusive economic zones under Article 2 of the Exclusive Economic Zone Act), entrance for inspection, verification, and inspection;
4. Imposition and collection of administrative fines under Article 133 of the Act (limited to the cases falling under Articles 132 (2) 1 of the Act at the coastal ports under Article 3 (1) 2 of the Harbor Act and regional trade ports under paragraph (2) 2 of the same Article, cases falling under Article 132 (2) 2 of the Act at the national coastal ports under Article 3 (3) 1 of the Harbor Act, and cases falling under Article 132 (2) 2-2 through 2-4 of the Act in areas other than the national trade ports under Article 3 (2) 1 of the Harbor Act and exclusive economic zones under Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf).
[Title Amended on Jul. 26, 2017]
 Article 95 (Entrustment of Duties)
(1) The Minister of Oceans and Fisheries shall entrust the following duties to the president of the Corporation pursuant to Article 123 (3) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 22, 2013; Dec. 30, 2016; Jun. 27, 2017; Apr. 30, 2018; Dec. 29, 2020>
1. Regular measurement of the marine environment under Article 9 (1) of the Act;
2. Construction of marine environmental information networks, provision of information on the marine environment, and making a request for the submission of related data under Article 11 of the Act;
3. Accuracy control for measuring and analyzing institutions under Article 12 (1) of the Act;
4. Management of marine environmental improvement measures under Article 18 (1) of the Act;
5. Operation of ships or disposal facilities under Article 24 (3) of the Act;
6. Installation and operation of pollutant storage facilities under Article 38 (1) of the Act;
6-2. Measurement and examination of the status, extent, etc. of pollution by residual pollutants under the former part of Article 39 (1) of the Act;
7. Installation and operation of storage facilities under Article 66 (1) of the Act;
7-2. Measures related to the sunken ship under the subparagraphs of Article 83-2 (1) of the Act;
8. Installation and operation of ship dismantling yards under Article 111 (3) of the Act;
9. Operation of education and training programs for marine pollution prevention managers, etc. under Article 121 of the Act.
(2) Mayors/Do Governors, from among sea area management authorities, shall conclude an entrustment contract when entrusting their duties pursuant to Article 123 (3) of the Act.
(3) The following matters shall be stated in the entrustment contract concluded under paragraph (1) or (2):
1. Scope of projects to be entrusted;
2. Matters concerning the management of projects to be entrusted;
3. Term of an entrustment contract (including matters concerning the revision of the term of a contract, renewal and termination thereof);
4. Matters concerning the payment of compensation for entrustment;
5. Matters concerning the management and supervision of the entrusted duties;
6. Matters concerning re-entrustment of some of the entrusted duties.
 Article 96 (Submission of Materials)
The chiefs of coast guard stations, administrators of regional offices of oceans and fisheries or Mayors/Do Governors shall, after performing the duties delegated or entrusted pursuant to Article 123 (1) of the Act, submit materials thereon to the Minister of Oceans and Fisheries or to the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Dec. 31, 2009; Sep. 22, 2011; Mar. 23, 2013; Nov. 19, 2014; Jan. 6, 2015; Jul. 26, 2017>
 Article 96-2 (Management of Personally Identifiable Information)
Where unavoidable to conduct the following tasks, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard (including those to whom the authority of the Minister of Oceans and Fisheries or of the Commissioner of the Korea Coast Guard is delegated or entrusted pursuant to Article 123 (1) or (3) of the Act) may manage data containing resident registration numbers, passport numbers, or alien registration numbers set forth in subparagraph 1, 2, or 4 of the Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Jul. 26, 2017; Apr. 30, 2018>
1. Verifying grounds for disqualification regarding registration of marine environmental management business under Article 71 of the Act;
2. Verifying grounds for disqualification regarding designation of a marine pollution impact survey institution under Article 81 of the Act;
3. Verifying grounds for disqualification regarding registration as an assessment agent under Article 87 of the Act;
4. Verifying grounds for disqualification regarding executive officers of the Corporation under Article 101 of the Act;
5. Reporting on succession to status by a person who has obtained type approval prescribed in Article 110-3 (2) of the Act.
[This Article Newly Inserted on Dec. 30, 2014]
[Previous Article 96-2 moved to Article 96-3]
 Article 96-3 (Re-Examination of Regulation)
The Minister of Oceans and Fisheries shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take necessary measures, including making improvements:
1. Criteria and procedures for the imposition of pollution response contributions under Article 54: January 1, 2015;
2. Scope of businesses subject to the general and simplified consultation on utilization of sea areas under Article 61 and attached Table 15: January 1, 2014.
[This Article Wholly Amended on Dec. 30, 2014]
[Moved from Article 96-2]
CHAPTER XI PENALTY PROVISIONS
 Article 97 (Pollutants)
"Pollutants prescribed by Presidential Decree" in Article 132 (2) 1 of the Act means such garbage as excreta and wastewater, oil, and noxious liquid substances which exceed the treatment standards prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 98 (Imposition of Administrative Fines)
Standards for imposing administrative fines under Article 132 of the Act shall be as listed in attached Table 19.
[This Article Wholly Amended on Sep. 22, 2011]
ADDENDA <Presidential Decree No. 20544, Jan. 11, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 20, 2008: Provided, That the provisions of the proviso of Article 42 (1) 1 shall enter into force on January 1, 2012 and the provisions of subparagraph 3 in the column of business subject to the use and exploitation of marine resources of attached Table 16, shall enter into force on February 4, 2008.
Article 2 (Repeal of Other Statutes or Regulations)
Article 3 (Transitional Measures concerning Education and Training of Marine Pollution Prevention Managers)
(1) Any educational institution under Article 53 of the Enforcement Decree of the Prevention of Marine Pollution Act as at the time when this Decree enters into force may conduct education and training for marine pollution prevention managers, etc. under Article 92 (1) by not later than December 31, 2010.
(2) The Korea Marine Environment Management Corporation shall, notwithstanding Article 92 (2), operate education and training courses for marine pollution prevention managers, etc. from January 1, 2011.
Article 4 Omitted.
Article 5 (Relationship to Other Statutes or Regulations)
Where other statutes or regulations cite the provisions of the Enforcement Decree of the Prevention of Marine Pollution Act as at the time when this Decree enters into force, if provisions corresponding thereto exist in this Decree, they shall be deemed to have cited this Decree or the corresponding provisions of this Decree in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended by Article 6 of the Addenda, the amendment to a Presidential Decree, which was promulgated before this Decree enters into force whose enforcement has yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21185, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21622, Jul. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· Article 2 of the Addenda shall enter into force on August 7, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21882, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 21964, Dec. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22706, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Adjustment and Refund of Pollution Response Contributions)
The amended provisions of Article 54 shall begin to apply to pollution response contributions imposed or paid after this Decree enters into force.
ADDENDA <Presidential Decree No. 23158, Sep. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 42 (1) shall enter into force on January 1, 2012.
Article 2 (Applicability to Exemption of Environmental Improvement Charges)
The amended provisions of Article 25-2 (4) shall begin to apply to cases where pollutants discharged outside the sea areas and water zones under Article 3 (1) 1 and 2 of the Act fail to flow into the same sea areas and water zones, after this Decree enters into force.
Article 3 (Applicability to Monetary Rewards for Reporting)
The amended provisions of Article 91-2 shall begin to apply to reports or accusations for violations of the Act after this Decree enters into force.
Article 4 (Applicability to Agreement on Use of Sea Areas)
The amended provisions of attached Tables 15 and 16 shall begin to apply to applications for a license, permission, or designation under each subparagraph of Article 84 (1) of the Act and each subparagraph of Article 85 (1) of the Act filed with the relevant license-granting agency, after this Decree enters into force.
Article 5 (Transitional Measures concerning Administrative Fines)
The previous provisions shall apply to the imposition of administrative fines for acts committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 23297, Nov. 16, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23964, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24207, Nov. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2012.
Article 2 (Applicability to Surcharges)
The amended provisions of the main clause of Article 32 (1) shall begin to apply to the charges in arrears imposed for the discharge of garbage or pollutants into the sea after January 1, 2013.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 24517, Apr. 22, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24627, Jun. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 19, 2013.
Article 2 (Applicability to Taking Measures for Risk-Reduction for Sunken Ships)
The amended provisions of Article 60-2 shall begin to apply to the ships sunken under the sea due to a marine accident defined in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25639, Sep. 24, 2014>
This Decree shall enter into force on September 25, 2014.
ADDENDA <Presidential Decree No. 25758, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Delegation of Authority)
(1) Public notices, administrative dispositions, and other actions taken by the Commissioner of the Korea Coast Guard pursuant to the former Article 94 (1) 1, and applications filed with and other actions taken against the Commissioner of the Korea Coast Guard, before this Decree enters into force, shall be construed respectively as actions taken by and actions taken against the Minister of Oceans and Fisheries.
(2) Public notices, administrative dispositions, and other actions taken by the Commissioner of the Korea Coast Guard pursuant to the previous Article 94 (2) 1 through 7, and 10, and applications, reports filed with, and other actions taken against the Commissioner of the Korea Coast Guard, before this Decree enters into force, shall be construed respectively as actions taken by and actions taken against the administrators of regional maritime affairs and port offices.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25860, Dec. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Consultation on Utilization of Sea Areas)
The amended provisions of attached Table 15 shall also apply where a license-granting agency submits a sea area utilization consultation form to the Minister of Oceans and Fisheries pursuant to Article 84 (3) of the Act before this Decree enters into force.
ADDENDUM <Presidential Decree No. 25943, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26220, Apr. 29, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26473, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2015.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 27165, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 7 Omitted.
Article 8 (Applicability to Amendments to the Enforcement Decree of the Marine Environment Management Act)
The amended provisions of Article 32 (2) and (3) of the Enforcement Decree of the Marine Environment Management Act shall begin to apply to cases where a surcharge is imposed and collected pursuant to the latter part of Article 20 (1) of the Act after this Decree enters into force.
Articles 9 through 15 Omitted.
ADDENDUM <Presidential Decree No. 27748, Dec. 30, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27792, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27965, Mar. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date the Minamata Convention on Mercury takes effect in the Republic of Korea. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 28169, Jun. 27, 2017>
This Decree shall enter into force on June 28, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended by Article 8 of the Addenda, the amendment to a Presidential Decree, which was promulgated before this Decree enters into force whose enforcement has yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28332, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2017.
Article 2 (Applicability to Application for Adjustment of Pollution Response Contributions)
The amended provisions of Article 54 (4) shall begin to apply to cases where a payment notice for pollution response contribution (including a notice issued under paragraph (3) of the same Article) is received after this Decree enters into force.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28845, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28846, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018: Provided, That the amended provisions of subparagraph 3 (b), (c), (e), and (f) of attached Table 9 shall enter into force on January 1, 2019.
Article 2 (Transitional Measures concerning Reduction of or Exemption from Charges)
Notwithstanding the amended provisions of Article 25-2 (2), the previous provisions shall apply to charges to be imposed on ships or marine facilities that discharge pollutants into the sea before this Decree enters into force.
Article 3 (Transitional Measures concerning Reduction of or Exemption from Pollution Response Contributions)
(1) Notwithstanding the amended provisions of subparagraph 3 (b) and (c) of attached Table 9, the previous provisions shall apply to pollution response contributions to be imposed on ships that enter a port prior to the enforcement date prescribed in the proviso of Article 1 of the Addenda.
(2) Notwithstanding the amended provisions of subparagraph 3 (e) and (f) of attached Table 9, the previous provisions shall apply to pollution response contributions for the year 2018 or earlier imposed on oil storage facilities that receive oil prior to the enforcement date prescribed in the proviso of Article 1 of the Addenda.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 29849, Jun. 11, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2019.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29948, Jul. 2, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 9, 2019: Provided, That the amended provisions of Article 42 (1) 1 and attached Table 9 shall enter into force on January 1, 2020; the amended provisions of Article 42 (1) 2 shall enter into force on the date specified in the following; and the amended provisions of Articles 4, 11 (2), and 42 (2), and attached Table 8 shall enter into force on the date of the promulgation of this Decree:
1. Ships used for international navigation: January 1, 2020;
2. Ships not used for international navigation: January 1, 2021.
Article 2 (Applicability to Sulphur Content Standards for Fuel Oil)
In cases of a ship not used for international navigation, the amended provisions of Article 42 (1) 2 shall begin to apply from the date on which the owner of the ship applies for a renewal survey under Article 49 of the Act or an intermediate survey under Article 50 of the Act after January 1, 2021, or on December 31, 2021, whichever comes first.
Article 3 (Applicability to Standards for Imposition of Pollution Response Contributions on Oil Tanks)
The amended provisions of subparagraph 2 (b) of attached Table 9 shall begin to apply to the pollution response contributions, which are due after January 1, 2020.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 30977, Aug. 26, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 28, 2020.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 31212, Dec. 1, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 4, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31331, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Article 2 (Applicability to Sulphur Content Standards for Ships Not Used for International Navigation)
The owner of a ship not used for international navigation shall meet the standards under the amended provisions of subparagraph 2 (b) of Article 42 by the earliest of the following dates after January 1, 2021:
1. The date on which the owner of a ship applies for a renewal survey under Article 49 of the Act;
2. The date on which the owner of a ship applies for an intermediates survey under Article 49 of the Act;
3. December 31, 2021.
Article 3 (Transitional Measures concerning Qualification for Marine Pollution Prevention Managers)
A person appointed as a marine pollution prevention manager in a ship or marine pollution prevention manager in a marine facility under Article 32 (1) or 36 (1) of the Act as at the time this Decree enters into force shall meet the qualifications under the amended provisions of attached Table 5 within two years from the enforcement date of this Decree.
Article 4 (Transitional Measures concerning Standards for Registration of Marine Environmental Management Business)
A person whose marine pollution prevention business or oil hold cleaning business has been registered under Article 70 (1) 2 or 3 of the Act as at the time this Decree enters into force shall hold a technical staff member with the qualifications necessary to engage in marine pollution response business or oil holding cleaning business under the amended provisions of Article 56 within two years from the enforcement date of this Decree.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31453, Feb. 17, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.