CHAPTER I GENERAL PROVISIONS
CHAPTER II MARINE RESEARCH
| Article 2 (Formulation of Master Plans for Marine Research) |
| (1) | The Minister of Oceans and Fisheries may request necessary data from the heads of relevant central administrative agencies or heads of local governments if it is necessary for formulating a master plan for marine research under Article 7 (1) (hereinafter referred to as the "master plan") of the Marine Research and the Use of Marine Information (hereinafter referred to as the "Act") and annual implementation plans under paragraph (2) of that Article (hereinafter referred to as the "implementation plan"). |
| (2) | When the Minister of Oceans and Fisheries formulates or revises the master plan, he or she shall publish the details thereof in the Official Gazette and on the website of the Ministry of Oceans and Fisheries pursuant to Article 7 (4) of the Act. |
| Article 3 (Details of Implementation Plan) |
The implementation plan shall include the following matters:
| 1. | Direction-setting for execution of the projects in the relevant year; |
| 2. | Detailed execution plan for each project; |
| 3. | Investment plan by project |
| Article 4 (Detailed Requirements for the World Geodetic System) |
| 1. | It is required to be a standard for measuring by assuming the Earth to be a flattened spheroid; |
| 2. | The long radius and flattening ratio (referring to the ratio of the long and short radius) of the rotating spheroid shall be as follows: |
| (a) | The long radius: 6,378,137 meters; |
| (b) | The flattening ratio: 1/298.257223563; |
| 3. | The center of the rotating spheroid shall coincide with the center of mass of the Earth; |
| 4. | The short axis of the rotating spheroid should coincide with the axis of rotation of the Earth. |
| Article 5 (Classification of National Marine Reference Points) (1) National marine reference points under Article 9 (1) of the Act shall be classified as follows: |
| 1. | Tidal bench mark: Any of the reference points determined on the basis of a basic level (referring to the lowest sea level measured based on tidal observations for a given period of time) to be used as the basis for measuring the height of water depth and low-tide elevation at sea when conducting marine research; |
| 2. | Hydrographic survey reference point: Any of the reference points determined on the basis of GNSS reference points to be used as the basis for measuring the horizontal position of the sea when conducting marine research; |
| 3. | Territorial sea reference point: A reference point fixed for delimiting the territorial sea of the Republic of Korea; |
| (2) | National marine reference points categorized in the subparagraphs of paragraph (1) can be rated if necessary. |
| Articles 6 (Scope of Research and Development) |
"Research and development of marine research prescribed by Presidential Decree" in Article 12 (1) of the Act means research and development regarding the following matters: | 1. | Marine research technology, equipment, and standardization thereof; |
| 2. | Marine forecast technology; |
| 3. | Establishment and use of marine information system; |
| 4. | Processing and use of data from marine observation satellites; |
| 5. | Fostering and education of professional human resources; |
| 6. | Marine research policy and system; |
| 7. | International cooperation and exchange of technologies. |
| Article 7 (Relevant Specialized Institutions) |
"Relevant specialized institutions prescribed by Presidential Decree" in Article 12 (2) of the Act means the following institutions or organizations: | 1. | National and public research institutes; |
| 2. | Korea Hydrography and Research Association established under Article 54 (1) of the Act (hereinafter referred to as "KHRA"); |
| 5. | The Korea Institute of Ocean Science and Technology established under the Korea Institute of Ocean Science and Technology Act; |
| Article 8 (Exceptions to General Hydrographic Surveys) |
"Construction works, etc. the scale of which do not exceed the scale prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 20 (1) of the Act means any of the following acts: | 1. | Any act specified in Article 20 (1) 2, 3, or 5 of the Act performed within a sea area prescribed by Ordinance of the Ministry of Oceans, the water depth of which is less than 30 meters (limited to cases where a change in water depth does not exceed 1/100 as a result of such act); |
| 2. | Any act specified in Article 20 (1) 2, 3, or 5 of the Act performed within a sea area prescribed by Ordinance of the Ministry of Oceans, the water depth of which is at least 30 meters (limited to cases where a change in water depth does not exceed 1/100 as a result of such act); |
| 3. | Any act specified in Article 20 (1) 5 of the Act performed in a sea area not used for navigation of general vessels (limited to cases where a change in water depth does not exceed 20/100 as a result of such act); |
| 4. | Act of installing artificial fishing reefs in a sea area in which fishing ground licensed for communal fishing business described in Article 8 (1) 6 of the Fisheries Act is located; |
| 6. | Conducting harbor construction works or construction works involving shoreline changes (limited to cases where such shoreline change is less than 50 meters in length as a result of such construction works, but excluding cases where any projection or obstruction that can be a hindrance to the navigation of vessels is present) in a harbor zone defined in paragraph 4 of Article 2 of the Harbor Act, in a new harbor defined in subparagraph 1 of Article 2 of the New Harbor Construction Promotion Act, or in a State-owned fishery harbor or local fishery harbor defined in subparagraph 3 (a) or (b) of Article 2 of the Fishing Villages and Fishery Harbors Act (hereinafter referred to as "harbor zone, etc."); |
| 7. | Conducting harbor construction works in a sea area other than a harbor zone, etc. or construction works involving shoreline changes (limited to cases where such shoreline change is less than 100 meters in length as a result of the construction works, but excluding cases where any projection or obstruction that can be a hindrance to the navigation of vessels is present); |
| 8. | Reclamation of tidal land in a harbor zone, etc., the reclaimed area of which is less than 2,500 square meters; |
| 9. | Reclamation of tidal land in a sea area other than a harbor zone, etc. the reclaimed area of which is less than 10,000 square meters; |
| 10. | Temporary installation of facilities or marine research equipment on the surface of sea water or underwater (limited to where necessary measures have been taken so as to avoid causing damage to navigation); |
| 11. | Installation or change of a bridge, aerial cable, etc. on sea routes (limited to cases where no change in water depth does not occur as a result of such act, and relevant as-built drawing, etc. showing height, location, etc. are submitted to the Minster of Oceans and Fisheries. |
| Article 9 (Publication of Marine Information) |
| (1) | When publishing marine information in Notices to Mariners pursuant to Article 21 (3) of the Act, the Minister of Oceans and Fisheries shall determine the schedule for publishing thereof, taking into consideration of other navigational publications, the urgency of information, and other factors, and if necessary, he or she may provide such marine information by means of a warning as prescribed in Article 47 (4) of the Act. |
| (2) | The criteria, procedures, etc. for publishing marine information under paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 10 (Public Notice of Marine Geographical Names) |
| (1) | Public notices of marine geographical names under Article 23 (5) of the Act shall be made by publishing them in the Official Gazette or posting them on the website. |
| 1. | Marine geographical names established or changed; |
| 2. | Representative locations (which shall be expressed by geographical latitudes and longitudes measured by the World Geodetic System) or range. |
CHAPTER III MARINE RESEARCH TECHNITIANS AND MARINE RESEARCH AND INFORMATION BUSINESS
| Article 11 (Qualification Requirements for Marine Research Technicians by Grade) |
| Article 12 (Education and Training of Marine Research Technicians) |
| (1) | The types, details, hours, and the timing of completion of education and training that marine research technicians are required to receive pursuant to the main clause of Article 29 (1) of the Act; and the standards for the education and training, which are deemed received by a marine research technician pursuant to the proviso of that paragraph, shall be as prescribed in attached Table 2. |
| (2) | Except as provided in paragraph (1), the Minister of Oceans and Fisheries shall determine and publicly notify detailed matters concerning education and training of marine research technicians, such as methods of completing education and training. |
| Article 13 (Designation of Specialized Educational Institutions for Education and Training of Marine Research Technicians) |
| 1. | To be equipped with lecture rooms which can accommodate at least 30 persons; |
| 2. | It shall have at least two professors, associate professors, or assistant professors (referring to persons qualified as faculty members under Article 16 of the Higher Education Act) in the field of marine research and production of navigational publications or at least two persons qualified as special-class marine research technician under attached Table 1. |
| (2) | A person who intends to be designated as a specialized educational institution pursuant to Article 29 (4) of the Act (hereinafter referred to as “specialized educational institution”) shall submit an application for designation prescribed by Ordinance of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with a document substantiating that the person satisfies the requirements prescribed in paragraph. |
| (3) | Upon designation of a specialized educational institution, the Minister of Oceans and Fisheries shall issue a certificate of designation of specialized educational institution to the relevant institution, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and publish such fact in the Official Gazette and on the website of the Ministry of Oceans and Fisheries. |
| (4) | The Minister of Land, Infrastructure and Transport may subsidize expenses incurred by specialized educational institutions in performing their duties within the budget. |
| (5) | The head of an institution designated as a specialized educational institution under paragraph (3) shall consult with the Minister of Oceans and Fisheries in advance on matters concerning educational operation costs. |
| (6) | Except as provided in paragraphs (1) through (5), necessary matters concerning education and training by specialized educational institutions shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 14 (Criteria for Revocation of Designation of Specialized Educational Institutions) |
| (1) | Criteria for revocation of designation of a specialized educational institution and for suspension of business operations under Article 29 (5) of the Act shall be as prescribed in attached Table 3. |
| (2) | Where the Minister of Oceans and Fisheries revokes the designation of a specialized educational institution or suspends its business operations pursuant to Article 29 (5) of the Act, he or she shall notify the relevant institution thereof without delay and shall publish such fact in the Official Gazette and on the website of the Ministry of Oceans and Fisheries. |
| Article 15 (Standards for Registration of Marine Research and Information Business) |
| (2) | The specific scope of services by type of marine research and information business under Article 30 (2) of the Act shall be as prescribed in attached Table 5. |
| Article 16 (Re-Issuance of Registration Certificates) |
Where a certificate of registration of marine research and information business or a pocketbook of registration of marine research and information business issued under Article 33 (1) of the Act is lost or damaged beyond usability, the relevant marine research and information business entity may request the Minister of Oceans and Fisheries to reissue such certificate or pocketbook.
| Article 17 (Temporary Failure of Marine Research and Information Business Entity to Meet Standards for Registration) |
"Cases prescribed by Presidential Decree, such as where the business entity fails to meet the standards for registration temporarily" in the proviso of Article 36 (1) 4 of the Act means where the period during which the registration standards are not met is within 90 days due to the death, unknown whereabouts, or retirement of a person falling under technical personnel under attached Table 4.
| Article 18 Price Guidelines for Marine Research and Information Business) |
Prices for the marine research and information businesses under Article 39 (1) of the Act shall be calculated by classifying them into direct and indirect costs.
CHAPTER IV USE OF MARINE INFORMATION
| Article 19 (Establishment and Operation of Marine Information Use Center) |
| (1) | “Agency affiliated with the Ministry of Oceans and Fisheries as prescribed by Presidential Decree” in Article 46 (1) of the Act means the Korea Hydrographic and Oceanographic Agency. |
| (2) | The marine information use center established under Article 46 (1) of the Act (hereinafter referred to as the “marine information use center”) shall perform the following duties: |
| 1. | Collection, processing, analysis, prediction of marine information and establishment of relevant databases; |
| 2. | Promotion and support of the provision, distribution, and use of marine information; |
| 3. | Disclosure of lists of marine information and management thereof, such as maintenance of the accuracy of data; |
| 5. | Investigation of current status of using marine information; |
| 6. | Interconnection among marine information-related systems prescribed in other statutes and regulations related to oceans and fisheries; and collection, processing, provision, distribution, etc. of relevant marine information. |
| Article 20 (Procedures for Approval for Reproduction of Marine Publications) |
| (1) | A person who intends to publish any of the following products pursuant to Article 48 (1) of the Act shall submit an application for approval prescribed by Ordinance of the Ministry of Oceans and Fisheries, along with a relevant publication plan, to the Minister of Oceans and Fisheries: |
| 1. | Marine publications that such person makes by reproducing all or some of navigational publications produced by the Minister of Oceans and Fisheries; |
| 2. | Marine publications that such person makes for navigation or for reference in navigation by similarly modifying those produced by the Minister of Oceans and Fisheries. |
| (2) | The Minister of Oceans and Fisheries shall determine whether to approve reproduction, etc. taking into account the disruption of the sales market of marine publications, the possibility of impediments to safety of marine navigation, the impact on national security, or the like. |
| Article 21 (Requirements for Designation of Sales Agents for Marine Publications) |
| (1) | Among sales agents described in Article 50 (1) of the Act (hereinafter referred to as "sales agent"), a person who intends to be designated as a sales agent of marine publications in the form of printed materials shall have at least one marine research technician at beginner level listed in attached Table 1. |
| (2) | Among sales agents, a person who intends to be designated as a sales agent for marine publications in digital form shall satisfy all of the following requirements: |
| 1. | It shall have at least one marine research technician at beginner level listed in attached Table 1; |
| 2. | It shall have an electronic system that can identify marine publications in digital form. |
| (3) | A person who intends to be designated as a sales agent that can sell marine publications both in the form of printed materials and in digital form shall have at least one marine research technician at intermediate level listed in attached Table 1 and shall meet the requirement prescribed in paragraph (2) 2. |
| Article 22 (Temporary Failure of Sales Agent to Meet Requirements for Designation) |
"Cases prescribed by Presidential Decree, such as ... fails to meet designation requirements temporarily" in the proviso of Article 52 (1) 1 of the Act means cases where the period during which designation requirements are not met is 90 days or less.
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 23 (Public Announcement of Establishment of the Association) |
When KHRA is established pursuant to Article 54 (1) of the Act, the Minister of Oceans and Fisheries shall publish major details thereof in the Official Gazette, daily newspapers, or on the website of the Ministry of Oceans and Fisheries.
| Article 24 (Compensation for Losses) |
| (1) | When compensation for a loss is made under Article 57 (4) of the Act, the compensation shall first be consulted with the person who has sustained the loss. |
| (2) | Consultations on compensation for a loss under paragraph (1) shall be held within 60 days from the date any act specified in the subparagraphs of Article 57 (1) of the Act occurs. |
| Article 25 (Delegation of Authority) |
| (1) | The Minister of Oceans and Fisheries shall delegate the following authority to the Director General of the Korea Hydrographic and Oceanographic Agency pursuant to Article 60 (1) of the Act: |
| 1. | To formulate mater plans and implementation plans, to change thereof, and to give public notice thereon under Article 7 of the Act; |
| 2. | To determine coordinate systems, etc. related to marine research, to change thereof, and to give public notice thereon pursuant to Article 8 (2) of the Act; |
| 3. | To install and manage national marine reference point markers under Article 9 (2) and (3) (excluding management under paragraph (2) 1) and to give public notice thereon; |
| 4. | To receive applications for relocation of national marine reference point markers and to give public notice on the details of relocations under Article 10 of the Act; |
| 5. | To publicly announce an execution plan for marine research and to publish it pursuant to Article 11 of the Act; |
| 6. | To conduct research and development of marine research, to establish research institutes, and to subsidize expenses under Article 12 of the Act; |
| 8. | To conduct ocean observation, to collect and manage ocean observation information, and to produce and manage various statistics under Article 14 (1) and (2) of the Act; |
| 10. | To establish and operate the Korea Ocean Observing Network under Article 15 (1) and (3) of the Act (excluding affairs referred to in paragraph (2) 3) and to request the submission of necessary data; |
| 12. | To produce marine forecast information and to establish and operate a marine forecast system pursuant to Article 17 of the Act; |
| 13. | To conduct research and analysis of medium and long-term changes, etc. in ocean phenomena and to forecast trends therein pursuant to Article 18 of the Act; |
| 18. | To publish marine information in Notices to Mariners and to reflect it in navigational publications under Article 21 (3) of the Act; |
| 20. | To receive applications for establishing or changing marine geographical names, to establish or change such marine geographical names, to request the submission of relevant data, and to give public notice thereof pursuant to Article 23 of the Act; |
| 21. | To establish and manage a database of marine geographical names under Article 24 (1) of the Act and to provide technical support under paragraph (2) of that Article; |
| 24. | To designate specialized educational institutions and to revoke designation of specialized educational institutions or suspend their business operations pursuant to Article 29 (4) and (5) of the Act; |
| 25. | To register business entities for the marine research and information business, to accept reports on changes in registered matters, and to notify such acceptance pursuant to Article 30 (1), (3), and (4) of the Act; |
| 26. | To issue certificates and pocket books of registration for the marine research and information business pursuant to Article 33 (1) of the Act; |
| 27. | To receive reports on temporary or permanent closure of business by marine research and information business entities pursuant to Article 34 of the Act; |
| 28. | To accept reports on succession to the status of a marine research and information business entity and to notify such acceptance under Article 35 (3) and (4) of the Act; |
| 29. | To revoke registration of marine research and information business entities or to suspend their business operations and to give public announcement thereof pursuant to Article 36 (1) or (3) of the Act; |
| 30. | To determine price guidelines for the marine research and information business and to pre-consult with the Minister of Economy and Finance pursuant to Article 39 (1) of the Act; |
| 31. | To develop, secure, maintain, and manage marine research equipment pursuant to Article 40; |
| 33. | To retain marine information, to provide it for perusal, to give public announcement thereof, and to issue copies pursuant to Article 42 of the Act; |
| 34. | To conduct quality control of marine information pursuant to Article 43 (1) of the Act (excluding quality control under paragraph (2) 6 of that Article); |
| 35. | To request the submission of data pursuant to Article 44 (1) of the Act and to promote data sharing, collaborative research, and technology cooperation pursuant to paragraph (2) of that Article; |
| 36. | To establish and operate a national marine information system and to request the provision of data related thereto pursuant to Article 45 (1) and (2) of the Act; |
| 38. | To produce, publish, sell, and distribute marine publications under Article 47 (1) of the Act (excluding the affairs specified in paragraph (2) 7); |
| 42. | To receive the notification of modifications to navigational publications pursuant to Article 49 of the Act; |
| 43. | To designate sales agents for marine publications and to determine necessary matters, such as types of marine publications, and give public notice thereof pursuant to Article 50 (1) and (3) of the Act; |
| 45. | To revoke designation of sales agents or to suspend business operations pursuant to Article 52 (1); |
| 47. | To require to make a report, to order to submit data, and to inspect business affairs pursuant to Article 54 (8); |
| 48. | To order a marine research and information business entity or a sales agent to make a report or to undergo an inspection pursuant to Article 55 (1) of the Act; |
| 54. | To determine criteria, etc. for publishing marine information and to give public notice thereof pursuant to Article 9 (2); |
| 55. | To publicly notify detailed matters on education and training of marine research technicians under Article 12 (2); |
| 1. | Management of national marine reference point markers under Article 9 (2) of the Act (such reference points shall be limited to hydrographic survey reference points and territorial sea reference points under Article 5 (1) 2 and 3); |
| 3. | Affairs of operating the Korea Ocean Observing Network under Article 15 (1) of the Act, which are determined and publicly notified by the Minister of Oceans and Fisheries; |
| 4. | Receipt of reports filed by marine research technicians; keeping and management of records of workplaces, careers, etc. of marine research technicians; and issuance of certificates of marine research technique career under Article 26 (1) through (3) of the Act; |
| (b) | Navigational publications; |
| Article 26 (Processing of Personally Identifiable Information) |
| 2. | Affairs regarding reports on changes filed by marine research and information business entities under Article 30 (3) of the Act; |
| 3. | Affairs regarding reports on succession to the status of a marine research and information business entity filed under Article 35 (3) of the Act; |
| Article 27 (Re-Examination of Regulation) |
The Minister of Health and Welfare shall examine the appropriateness of the criteria for the imposition of administrative fines under Article 28 and attached Table 6 every three years, counting from January 1, 2022 (referring to the period that ends on the day before January 1 of every third year), and shall take measures, such as making improvements.
CHAPTER VI PENALTY PROVISIONS
| Article 28 (Criteria for Imposition of Administrative Fines) |
The criteria for the imposition of administrative fines under Article 66 (1) of the Act shall be prescribed in attached Table 6.
ADDENDA <Presidential Decree No. 31438, Feb. 9, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 19, 2021.
Article 2 (Transitional Measures concerning Education and Training of Marine Research Technicians)
Article 3 (Transitional Measures concerning Registration for Marine Research and Information Business)
Where persons filed for registration for the marine charts production business, hydrographic survey business, and ocean observation business under Article 54 (1) of the previous Act on the Establishment and Management of Spatial Data and Article 45 (1) 1 and 2 of the Enforcement Decree of that Act before this Decree enters into force, it shall be deemed that they have filed for registration for the nautical chart production business, hydrographic survey business, and ocean observation business, respectively, under subparagraph 13 of Article 2 of the Act and Article 30 (1). Article 4 Omitted.
Article 5 (Relationship to Other Statutes and Regulations)
Where the previous Enforcement Decree of the Act on the Establishment and Management of Spatial Data or any provision thereof is cited in any other statute or regulation as at the time this Decree enters into force, if this Decree includes any corresponding provision, this Decree or the corresponding provision of this Decree shall be deemed cited in lieu of the previous Enforcement Decree of the Establishment and Management of Spatial Data or the previous provision.