CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to facilitate harbor development projects and efficiently manage and operate ports and harbors by prescribing matters concerning the designation, development, management, and use of ports and harbors, and thereby to contribute to the development of the national economy.
The terms used in this Act are defined as follows: <Amended on Feb. 18, 2020; Jan. 4, 2022>
| 1. | The term "harbor" means an establishment with facilities for the entry and departure of ships, the embarkation and disembarkation of passengers, the loading and unloading, storing, and handling of cargoes, waterfront activities, etc., as well as with facilities for creating added value through assembly, processing, packing, manufacturing, etc. of cargoes; |
| 2. | The term "trade port" means a harbor prescribed by Presidential Decree pursuant to Article 3 (1), which is closely related to the national economy and public interests, and into and from which mainly ocean-going ships enter and depart; |
| 3. | The term "coastal port" means a harbor prescribed by Presidential Decree pursuant to Article 3 (1), into and from which mainly ships operating between domestic ports enter and depart; |
| 4. | The term "harbor zone" means the water zone and land zone of a harbor; |
| 5. | The term "harbor facility" means any of the following facilities; and a facility designated and publicly notified by the Minister of Oceans and Fisheries if any of the following facilities is outside a harbor zone: |
| (i) | Water facilities, such as navigable waterway, anchoring basins, anchoring basins for small ships, and turning basins; |
| (ii) | Peripheral facilities, such as breakwaters, groynes, wave breakers, tidal embankments, training dykes, lock gates, and revetments (referring to banks protecting coasts); |
| (iii) | Port traffic facilities, such as roads, bridges, railroads, tramways, and canals; |
| (iv) | Mooring facilities, such as quay walls, wharves for small ships, piers (referring to structures that take the form of viaducts, providing vessels with access to wharves), floating piers (referring to structures that float on water, to which vessels are tied up or which provide vessels with access to wharves), dolphins (referring to mooring posts), docks, and ramps (referring to inclined access roads); |
| (b) | Functional facilities: |
| (i) | Nautical aids, such as aids to navigation, signals, lighting fixtures, and maritime communications systems for the entry and departure of ships; |
| (ii) | Facilities for loading and unloading cargo, such as fixed or mobile stevedoring equipment, cargo conveying equipment, and piping systems; |
| (iii) | Facilities for passengers, such as waiting lounges, boarding facilities, and luggage offices; |
| (iv) | Facilities for the distribution and sale of cargo, such as warehouses, open stockyards, container yards, container handling yards, silos (referring to storage facilities for bulk cargo, including cement and grains), oil storage facilities, gas storage facilities, and cargo terminals; |
| (v) | Facilities for vessel supplies, such as facilities for supplying fuel and water to vessels and facilities for producing and supplying ice; |
| (vi) | Facilities for control, information and communications, public relations, and security of harbors; |
| (vii) | Sites for harbor facilities; |
| (x) | Pollution prevention facilities, such as soundproof walls, dust-proof nets, and forest zones; |
| (c) | Supporting facilities: |
| (i) | Backup facilities for distribution, such as warehouses, collection and delivery stations, integrated cargo terminals, repair and maintenance shops; |
| (ii) | Facilities to store, sell, and exhibit equipment, materials, supplies, etc. for vessels; |
| (iii) | Facilities to assemble, process, pack, and manufacture cargoes; |
| (iv) | Harbor-related business facilities to provide public services, manage facilities, etc.; |
| (v) | Welfare facilities and convenience facilities for harbor facility users, residents in the neighborhood of harbor facilities, passengers and other harbor users, and harbor workers, such as resting places, accommodations, public health and medical institutions defined in subparagraph 3 of Article 2 of the Public Health and Medical Services Act including clinics, entertainment facilities, training facilities, parking lots, and customs clearance areas for motor vehicles; |
| (vi) | Research facilities to support technology development for harbor-related industries, startup industries, etc.; |
| (vii) | Facilities to construct low carbon harbors, such as new and renewable energy-related facilities, resources circulation facilities, and disaster prevention facilities to respond to climate change; |
| (viii) | Any other facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries to support the functions of harbors; |
| (d) | Harbor waterfront facilities: |
| (i) | Marine leisure facilities that can accommodate fishing sites, cruise ships, sport fishing boats, motor boats, yachts, windsurfing boats, etc.; |
| (ii) | Marine culture and education facilities, such as maritime museums, fishing village folk museums, maritime ruins, performance venues, field study areas, and mud flat experience areas; |
| (iii) | Marine park facilities, such as marine observation decks, promenades, coastal green belts, and landscaping facilities; |
| (iv) | Artificial facilities developed by recycling dredged soil, such as artificial beaches and artificial marshlands; |
| (e) | Harbor hinterland complexes; |
| 6. | The term “management authority” means any of the following administrative agencies that conducts administrative affairs concerning the development and management of harbors: |
| (a) | National trade ports and national coastal ports referred to in Article 3 (2) 1 and (3) 1: The Minister of Oceans and Fisheries; |
| (b) | Regional trade ports and regional coastal ports referred to in Article 3 (2) 2 and (3) 2: The Special Metropolitan City Mayor, the competent Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"); |
| 7. | The term “harbor development project” means a project to newly construct, renovate, reinforce, maintain, or repair harbor facilities (including any facility defined in the items of subparagraph 5, which is to be installed outside a harbor zone and to be designated and publicly notified by the Minister of Oceans Fisheries as a harbor facility in the future), dredging project, etc.; |
| 8. | The term “harbor logistics” means a series of handling processes, including transporting, storing, loading and unloading, and packing a cargo until it is delivered by a supplier to a user; |
| 9. | The term "integrated harbor logistics information system" means a system through which management authorities and harbor users exchange, process, and utilize, through an information and communications network, any information generated in the course of using harbors and handling harbor logistics to reduce harbor logistics costs and obtain diverse information in real time; |
| 10. | The term "integrated harbor construction information system" means a system through which management authorities and persons involved in harbor construction projects exchange, process, and utilize, through an information and communications network, any information generated in the course of planning, designing, contracting, executing, maintaining, and managing such projects to improve the overall efficiency of the projects by promptly processing administrative affairs and reducing costs, etc.; |
| 11. | The term "harbor hinterland complex" means an area designated pursuant to Article 45 to increase the added-value of a harbor, revitalize harbor-related industries, and provide convenience to harbor users by collectively installing supporting facilities and harbor waterfront facilities in a harbor zone or in an area predetermined for the installation of harbor facilities referred to in Article 6 (1) 8 and by installing facilities prescribed by Presidential Decree, such as a general business facility, sales facility, and residential facility, to improve the functions of such supporting facilities and harbor waterfront facilities; |
| 12. | The term "harbor hinterland complex development project" means a project to develop a harbor hinterland complex; |
| 15. | The term "occupant enterprise" means a person that has entered into an occupancy contract pursuant to Article 71 to move into a Class 1 harbor hinterland complex referred to in subparagraph 1 of Article 45. |
| Article 3 (Classification, Names, Locations, and Zones of Harbors) |
| (1) | A harbor shall be classified into one of the following categories of ports, and the name, location, and zone of each port shall be prescribed by Presidential Decree: |
| (2) | To systematically and efficiently manage and operate trade ports, a trade port may be further classified into the following subcategories of ports, as prescribed by Presidential Decree, considering the volume of cargo exported and imported, development plans, balanced regional development, etc.: |
| 1. | National trade port: A harbor that handles cargo from the hinterland of a metropolitan area as a hub of domestic and overseas inland and maritime transport networks, or that significantly relates to national interests by supporting major key industries; |
| 2. | Regional trade port: A harbor mainly for handling cargo, which is necessary for regional industries, as a hub of regional inland and maritime transport networks. |
| (3) | To systematically and efficiently manage and operate coastal ports, a coastal port may be further classified into the following subcategories of ports, as prescribed by Presidential Decree, considering the local conditions and characteristics, functions of a harbor, etc.: |
| 1. | National coastal port: A harbor that is crucial to national security or management of territorial waters, or that is mainly for evacuating ships in an emergency, such as bad weather conditions; |
| 2. | A regional coastal port: A harbor mainly for providing convenience and supporting the promotion of tourism, such as handling cargoes necessary for local industries and transporting passengers. |
| (4) | The State shall give priority to promoting or supporting the development of national coastal ports. |
| Article 4 (Central Harbor Policy Council) |
| (1) | A Central Harbor Policy Council (hereinafter referred to as the "Central Council") shall be established under the jurisdiction of the Minister of Oceans and Fisheries to deliberate on the following matters: |
| 1. | Matters concerning classification, locations, etc. of harbors referred to in Article 3; |
| 2. | Matters concerning formulating and amending harbor master plans under Articles 5 and 7; |
| 3. | Matters concerning establishing and operating technical standards for harbor facilities under Article 36; |
| 4. | Matters concerning promoting the application of new technology related to harbor facilities, and supporting test beds for new technology under Article 37; |
| 5. | Matters concerning formulating and amending a comprehensive plan to develop harbor hinterland complexes under Article 44; |
| 6. | Matters concerning the designation of harbor hinterland complexes and modification thereof under Articles 45 and 46; |
| 7. | Matters concerning canceling the designation of harbor hinterland complexes under Article 49; |
| 8. | Matters specified as those subject to deliberation by the Central Council under other statutes; |
| 9. | Any other matters brought by the Minister of Oceans and Fisheries for deliberation concerning the development, maintenance, management, and operation of harbors. |
| (2) | For efficient deliberations by the Central Council, a sub-council may be established in the Central Council, as prescribed by Presidential Decree. In such cases, matters deliberated upon by a sub-council shall be deemed deliberated upon by the Central Council. |
| (3) | To give advice to the head of an agency delegated with authority pursuant to Article 104 (1) (hereafter referred to as "head of a delegated agency" in this Article) and deliberate upon matters delegated by the Central Council among matters under the jurisdiction of the Central Council, a regional harbor council shall be established under the jurisdiction of the head of a delegated agency. |
| (4) | Matters necessary for the composition, functions, and operation of the Central Council, sub-councils, and regional harbor councils established pursuant to paragraphs (1) through (3) and other matters shall be prescribed by Presidential Decree. |
CHAPTER II HARBOR MASTER PLANS
| Article 5 (Formulation of Harbor Master Plans) |
| (1) | To facilitate the development of harbors and efficiently operate them, the Minister of Oceans and Fisheries shall formulate a harbor master plan on a decennial basis. |
| (2) | Where the Minister of Oceans and Fisheries intends to formulate a harbor master plan under paragraph (1) (hereinafter referred to as “harbor master plan”), he or she shall submit the plan to the Central Council for deliberation after hearing opinions of the relevant Mayor/Do Governor and consulting with the heads of relevant central administrative agencies. <Amended on Feb. 18, 2020> |
| (3) | The Minister of Oceans and Fisheries shall formulate and execute an implementation plan (hereinafter referred to as “implementation plan”) based on the relevant harbor master plan after consultation with the heads of relevant central administrative agencies, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall endeavor to secure finances necessary therefor. |
| (4) | Upon formulating a harbor master plan or an implementation plan, the Minister of Oceans and Fisheries shall notify the heads of relevant central administrative agencies and the Mayors/Do Governors thereof, and submit the relevant plan to the competent Standing Committee of the National Assembly. |
| (5) | Where necessary to formulate a harbor master plan or an implementation plan, the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies or a Mayor/Do Governor to submit relevant data. In such cases, the heads of relevant central administrative agencies or a Mayor/Do Governor in receipt of such request to submit data shall comply therewith, in the absence of good cause. |
| (6) | To formulate a reasonable harbor master plan and implementation plan, the Minister of Oceans and Fisheries may designate a dedicated institution that conducts surveys and research necessary for computing the timing, scale, etc. of development, as prescribed by Presidential Decree. |
| (7) | The Minister of Oceans and Fisheries may subsidize expenses incurred in conducting surveys and research to the dedicated institution designated pursuant to paragraph (6) within budgetary limits. |
| Article 6 (Details of Harbor Mater Plans) |
| (1) | A harbor master plan shall include the following matters: |
| 1. | Classification, locations, etc. of harbors; |
| 2. | Harbor management and operation plans; |
| 3. | Future demand for harbor facilities; |
| 4. | Supply of harbor facilities; |
| 5. | Scale and timing of development of harbor facilities; |
| 6. | Uses, improvement of functions, and maintenance of harbor facilities; |
| 7. | Establishment of connected transportation networks of harbors; |
| 8. | Areas predetermined for the installation of harbor facilities (including areas outside a harbor zone); |
| 9. | Any other matters deemed necessary by the Minister of Oceans and Fisheries. |
| Article 7 (Amendment to Harbor Master Plans) |
| (1) | The Minister of Oceans and Fisheries shall examine the appropriateness of a harbor master plan, including prospects for supply and demand for harbor facilities, forecasts for supply and demand for the traffic volume of harbors, etc., every five years from the date such plan is formulated and may amend the harbor master plan, if necessary. |
| (2) | Notwithstanding paragraph (1), the Minister of Oceans and Fisheries may amend a harbor master plan, if any rapid changes in the economic situation occur or if necessary to efficiently develop, manage, and operate harbors. |
| (3) | Article 5 (2), (4) and (5) shall apply mutatis mutandis to amendment to a harbor master plan under paragraphs (1) and (2): Provided, That this shall not apply to any modification to minor matters prescribed by Presidential Decree. |
| Article 8 (Public Notice of Harbor Master Plans) |
Upon formulating or amending a harbor master plan pursuant to Article 5 or 7, the Minister of Oceans and Fisheries shall publicly notify such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER III DEVELOPMENT OF HARBORS
| Article 9 (Developers of Harbor Development Projects) |
| (1) | A harbor development project shall be implemented by a management authority. <Amended on Feb. 18, 2020> |
| (2) | Where a person, other than a management authority, intends to implement a harbor development project, he or she shall formulate a harbor development project plan and obtain permission therefor from the management authority, as prescribed by Presidential Decree: Provided, That this shall not apply to any of the following harbor development projects: <Amended on Feb. 18, 2020> |
| 1. | A harbor development project to maintain and repair harbor facilities that are not vested in the State, the Special Metropolitan City, a Metropolitan City, Do, or Special Self-governing Province (hereinafter referred to as "City/Do") under the proviso of Article 15 (1); |
| 2. | A harbor development project that meets each of the following requirements: |
| (a) | The relevant harbor development project shall be implemented to add or replace any fixed or mobile stevedoring equipment defined in subparagraph 5 (b) (ii) of Article 2, among harbor facilities to be reported under Article 31 (1); |
| (b) | The relevant harbor development project shall be implemented to the extent that it does not exceed the design load of the relevant zone. |
| (3) | Where a person who intends to obtain permission to implement a harbor development project pursuant to paragraph (2) meets each of the following requirements, a management authority shall grant permission: <Amended on Feb. 18, 2020; Jan. 4, 2022> |
| 1. | A harbor development project plan formulated under the main clause of paragraph (2) (hereinafter referred to as “harbor development project plan”) shall not contravene each of the following master plans: |
| (a) | A harbor master plan; |
| 2. | The harbor development project shall be required to manage and operate the relevant harbor; |
| 3. | The person shall have the capability to finance and implement the harbor development project in compliance with the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 4. | Any cargo manufacturing facility to be installed shall meet the location criteria prescribed by Presidential Decree, such as pollution emission levels; |
| 5. | Any harbor development project, of which the total project cost exceeds 50 billion won (limited to a harbor development project to develop land or harbor facilities in the form of land, if it is a harbor development project for land or harbor facilities that are not vested in the State or a City/Do under the proviso of Article 15 (1)), shall be found to be feasible based on the results of an examination of its economic feasibility, etc., as prescribed by Presidential Decree; |
| 6. | There shall be no other plan to develop the relevant land or harbor facilities formulated pursuant to this Act or any other statutes. |
| (4) | A management authority shall notify the relevant applicant of whether to grant permission within 20 days after receipt of an application under the main clause of paragraph (2): Provided, That in cases of a harbor development project to maintain and repair harbor facilities, such notice shall be given within 14 days. <Amended on Feb. 18, 2020> |
| (5) | Where a management authority fails to notify the applicant of whether to grant permission or whether to extend a period for processing the relevant application under a statute or regulation related to treating civil petitions within the period specified in paragraph (4), such permission shall be deemed granted on the day following the expiry date of the period (referring to the relevant processing period if the processing period has been extended or re-extended pursuant to the statute or regulation related to treating civil petitions). <Amended on Feb. 18, 2020> |
| (6) | Where a person who has obtained permission from the management authority under the main clause of paragraph (2) (hereinafter referred to as “non-management authority”) intends to modify any matters prescribed by Presidential Decree, among permitted matters, he or she shall formulate an amended harbor development project plan and obtain permission therefor from the management authority. In such cases, paragraphs (3) through (5) shall apply mutatis mutandis to permission for the amended harbor development project plan. <Amended on Jan. 4, 2022> |
| (7) | Where a management authority intends to grant permission for a harbor development project exceeding the scale prescribed by Presidential Decree, he or she shall publicly announce such project in advance, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020> |
| (8) | A management authority shall evaluate applicants for permission to implement a harbor development project publicly announced under paragraph (7) in accordance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as their harbor development project plans and capabilities to finance the project, and then grant permission to the person having priority among qualified persons. <Amended on Feb. 18, 2020> |
| (9) | Upon implementing a harbor development project under paragraph (1) or granting permission to implement a harbor development project under the main clause of paragraph (2) or paragraph (6) or (8), a management authority shall publicly notify such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020> |
| (10) | Where any provisions of this Act or any other statute provide otherwise regarding developers of harbor development projects, such provisions shall apply, notwithstanding paragraphs (1) through (9). |
| Article 10 (Formulation and Approval of Implementation Plans for Harbor Development Projects) |
| (1) | Before commencing a harbor development project, a management authority or non-management authority shall formulate an implementation plan for the harbor development project, as prescribed by Presidential Decree; and upon formulating or amending the plan (excluding any modification to minor matters prescribed by Presidential Decree), he or she shall publicly announce such fact: Provided, That in cases of an implementation plan for a harbor development project formulated by a non-management authority, the competent management authority shall publicly announce it. <Amended on Feb. 18, 2020> |
| (2) | Where a non-management authority intends to formulate or amend an implementation plan for a harbor development project under paragraph (1) (hereinafter referred to as “implementation plan for a harbor development project”), he or she shall obtain approval from a management authority, as prescribed by Presidential Decree: Provided, That where a non-management authority intends to modify any minor matters prescribed by Presidential Decree, he or she shall file a report thereon with the management authority, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020; Jan. 4, 2022> |
| (3) | Where any land, goods, or rights are to be expropriated or used to implement a harbor development project, the management authority shall formulate and publicly announce an implementation plan for the harbor development plan, including a list of such land, goods, or rights, pursuant to paragraph (1), and notify the owner or holder of such land, goods, or rights of the plan: Provided, That the management authority may separately prepare and publicly announce a detailed list of land, goods, or rights subject to expropriation or use after formulating and publicly announcing a harbor development plan, if deemed inevitable to implement the plan. <Amended on Jan. 4, 2022> |
| (4) | Where a non-management authority intending to obtain approval of an implementation plan for a harbor development project under the main clause of paragraph (2) meets each of the following requirements, a management authority shall grant approval thereof: <Amended on Feb. 18, 2020> |
| 1. | The implementation plan for the harbor development project shall be consistent with the relevant harbor development project plan; |
| 2. | A funding plan, including an annual investment plan and financing plan, shall be consistent with the implementation plan for the harbor development project; |
| (5) | Where a non-management authority intends to formulate an implementation plan for a harbor development project regarding any harbor facilities prescribed by Presidential Decree, which are not vested in the State or a City/Do under the proviso of Article 15 (1), he or she shall file a report with the competent management authority thereon, as prescribed by Presidential Decree, notwithstanding paragraph (2). <Amended on Feb. 18, 2020> |
| (6) | An application for approval of an implementation plan for a harbor development project under the main clause of paragraph (2) or a report under paragraph (5) shall be filed within one year from the date permission is granted under the main clause of Article 9 (2): Provided, That the deadline may be extended only once by up to one year, if any grounds prescribed by Presidential Decree for such extension exist. |
| (7) | Upon receipt of a report under the proviso of paragraph (2) or paragraph (5), the management authority shall review the details of the report and accept it if such report is consistent with this Act. <Amended on Jan. 4, 2022> |
| Article 11 (Implementation of Harbor Development Projects by Non-Management Authorities) |
A non-management authority shall commence a harbor development project within one year from the date he or she obtains approval of an implementation plan for the harbor development project or files a report thereon pursuant to Article 10 (2) or (5), and shall complete the project by the deadline specified in such implementation plan: Provided, That the competent management authority may postpone the deadline for completion at the request of the relevant non-management authority if the relevant harbor development project constitutes the grounds prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020>
| Article 12 (Completion of Harbor Development Projects) |
| (1) | Upon completion of a harbor development project implemented under the main clause of Article 9 (1), a management authority shall publicly announce the completion of the harbor development project, as prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (2) | Upon completion of a harbor development project permitted under the main clause of Article 9 (2), a non-management authority shall file an application for verification of completion with the competent management authority without delay, along with a completion report on the harbor development project. <Amended on Feb. 18, 2020> |
| (3) | Upon receipt of an application for verification of completion under paragraph (2), a management authority shall conduct a completion inspection, as prescribed by Presidential Decree, and shall issue a completion certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to the relevant non-management authority if the relevant harbor development project is deemed implemented in compliance with the permitted matters. <Amended on Feb. 18, 2020> |
| (4) | Where a management authority has publicly announced the completion of a harbor development project under paragraph (1) or issued a completion certificate under paragraph (3), such project shall be deemed to have undergone a completion inspection or obtained completion authorization, etc. in compliance with permission, etc. under each subparagraph of Article 98 (1). <Amended on Feb. 18, 2020> |
| (5) | No one shall use any land or harbor facility developed or installed through a harbor development project, before the completion of the project is publicly announced under paragraph (1) or a completion certificate is issued under paragraph (3): Provided, That this shall not apply where a report on its use prior to completion has been filed with a management authority, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020> |
| (6) | Upon receipt of a report under the proviso of paragraph (5), the management authority shall review the details of the report and accept it if such report is consistent with this Act. <Amended on Jan. 4, 2022> |
| Article 13 (Implementation of Incidental Works) |
When implementing a harbor development project, a management authority or non-management authority may regard any incidental works directly related to the harbor development project as part of the project and may implement such works along with the project. <Amended on Feb. 18, 2020>
| Article 14 (Implementing Harbor Projects as Agent) |
| (1) | The Minister of Oceans and Fisheries may implement a harbor development project prescribed by Presidential Decree, such as a harbor development project for harbor facilities used by warships, police ships, or any other ships owned or operated by the State, among harbor development projects to be implemented by a Mayor/Do Governor, on his or her behalf after consultation with the Mayor/Do Governor. In such cases, the State shall bear the expenses incurred in implementing the harbor development project on behalf of the Mayor/Do Governor. <Newly Inserted on Feb. 18, 2020> |
| (2) | If deemed necessary to efficiently implement a harbor development project, a management authority may implement the project, which is otherwise to be implemented by a non-management authority with permission under the main clause of Article 9 (2), on behalf of the non-management authority, and said implementation shall be at the expense of and after consultation with the non-management authority. <Amended on Feb. 18, 2020> |
[Title Amended on Feb. 18, 2020]
| Article 15 (Vesting of Harbor Facilities) |
| (1) | The ownership of any land or harbor facility developed or installed through a harbor development project implemented by a non-management authority under the main clause of Article 9 (2) shall be vested in the State or a City/Do upon completion of the project: Provided, That this shall not apply to any land or harbor facilities prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (2) | The ownership of any land or harbor facility developed or installed by a Port Authority established under the Port Authority Act through a harbor facility project it has implemented with its own finances after obtaining approval of an implementation plan pursuant to Article 22 (1) of that Act shall be vested in the Port Authority upon completion of the project, notwithstanding the main clause of paragraph (1). |
| (3) | A non-management authority may gratuitously use harbor facilities, which are vested in the State or a City/Do under the main clause of paragraph (1), to the extent not exceeding the total project cost after obtaining permission from the management authority, as prescribed by Presidential Decree. In such cases, the period for use prior to completion reported under the proviso of Article 12 (5) shall be included in the period for gratuitously using such harbor facilities. <Amended on Jan. 4, 2022> |
| (4) | Where a non-management authority gratuitously uses harbor facilities vested in the State or a City/Do under paragraph (3), it shall faithfully maintain and manage such facilities. <Amended on Feb. 18, 2020> |
| (5) | Where a non-management authority gratuitously uses harbor facilities vested in the State or a City/Do under paragraph (3), it may permit another person to use them gratuitously. <Amended on Feb. 18, 2020> |
| Article 16 (Request for Sale of Land) |
| (1) | A non-management authority may request the sale of any land prescribed by Presidential Decree, among land acquired by the State or a City/Do under the main clause of Article 15 (1), within one year from the date a completion certificate is issued under Article 12 (3). In such cases, the State or a City/Do shall not refuse such request, except where such land is to be used for national or public purposes. <Amended on Jan. 4, 2022> |
| Article 17 (Prohibition of Use of Non-Vested Land and Harbor Facilities for Other Than Their Original Purposes) |
A person who uses any land or harbor facility not vested in the State or a City/Do under the proviso of Article 15 (1) shall use it for the uses of harbor facilities specified in Article 6 (1) 6 or for the purpose of permission under the main clause of Article 9 (2). <Amended on Jan. 4, 2022>
| Article 18 (Prohibition of Lease of Land and Harbor Facilities for Exclusive Use) |
No person who has acquired any land or harbor facility developed or installed by a non-management authority for its exclusive use after obtaining permission under the main clause of Article 9 (2), among land and harbor facilities not vested in the State or a City/Do under the proviso of Article 15 (1), shall lease such land or harbor facility to another person: Provided, That this shall not apply where the person has obtained permission from the management authority, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 4, 2022>
| Article 19 (Restrictions on Transfer of Non-Vested Land and Harbor Facilities) |
| (1) | No person who has acquired any land or harbor facility prescribed by Presidential Decree, among land and harbor facilities not vested in the State or a City/Do under the proviso of Article 15 (1), shall transfer the land or harbor facility to another person, except in any of the following cases: <Amended on Jan. 4, 2022> |
| 1. | Where 10 years have passed from the date the person acquired the land or harbor facility (referring to the date the person is issued a completion certificate under Article 12 (3) if the person is a non-management authority); |
| 2. | Inheritance or any other cases prescribed by Presidential Decree; |
| (2) | A person who has acquired, by transfer, any land or harbor facility under paragraph (1) 1 or 2 shall file a report on the transfer with the management authority, along with documents verifying the transfer, within 15 days from the date of transfer, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 4, 2022> |
| (3) | A person who has transferred, by donation, any land or harbor facility to the State or a City/Do under paragraph (1) 3 may gratuitously use such land or harbor facility to the extent not exceeding the value of the donated assets after obtaining permission from the management authority, as prescribed by Presidential Decree. <Amended on Jan. 4, 2022> |
| (4) | A person who gratuitously uses any land or harbor facility donated to the State or a City/Do pursuant to paragraph (3) may permit another person to use such land or harbor facility. <Amended on Jan. 4, 2022> |
| (5) | If deemed necessary to efficiently manage and operate land and harbor facilities transferred by donation to the State or a City/Do under paragraph (1) 3, the Minister of Oceans and Fisheries may take necessary measures, such as amending a harbor master plan pursuant to Article 7 (2). <Amended on Jan. 4, 2022> |
CHAPTER IV MANAGEMENT AND USE OF HARBORS
| Article 20 (Management of Harbors) |
| (1) | A management authority shall manage trade ports and coastal ports. <Amended on Feb. 18, 2020> |
| (2) | If necessary to efficiently manage and operate harbors, the management authority may establish detailed operational rules for each harbor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 4, 2022> |
| Article 21 (Setting Districts) |
If necessary to efficiently develop, manage, and operate harbors, a management authority may establish any of the following districts in a harbor zone, as prescribed by Presidential Decree: <Amended on Feb. 18, 2020>
| 1. | A commercial port district; |
| 2. | An industrial port district; |
| 3. | A fishery port district; |
| 4. | A passenger port district; |
| 5. | A supply and support port district; |
| 6. | A hazardous substances port district; |
| 7. | A security port district; |
| 8. | An amusement port district; |
| 9. | A waterfront port district. |
| Article 22 (Harbor Registers) |
| (1) | To manage and operate harbors, a management authority shall prepare and keep a harbor register for each harbor. <Amended on Feb. 18, 2020> |
| (2) | Matters concerning the preparation, keeping, and mandatory descriptions of a harbor register and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 23 (Harbor Management Corporations) |
| (1) | The Minister of Oceans and Fisheries and a Mayor/Do Governor may designate a corporation responsible for the management, security, safety, etc. of harbor facilities (hereinafter referred to as "harbor management corporation"). <Amended on Feb. 18, 2020> |
| (2) | Matters necessary for designating and supervising harbor management corporations and other matters shall be prescribed by Presidential Decree. |
| Article 24 (Right to Manage Harbor Facilities) |
| (1) | A management authority may create a right to maintain and manage harbor facilities and collect user fees (hereinafter referred to as "right to manage harbor facilities") from users of the harbor facilities (hereinafter referred to as “users”). <Amended on Feb. 18, 2020> |
| (2) | A right to manage harbor facilities shall be deemed a real right, and the provisions of the Civil Act governing real estate shall apply mutatis mutandis to such right, except as otherwise provided in this Act. |
| (3) | No right to manage harbor facilities over which a mortgage has been established shall be disposed of without the mortgagee’s consent. |
| Article 25 (Registration of Rights to Manage Harbor Facilities) |
| (1) | A person who holds a right to manage harbor facilities pursuant to Article 24 (1) shall file for registration with the management authority. The same shall also apply to any modification to registered matters. <Amended on Jan. 4, 2022> |
| (2) | Any creation, modification, lapse, and restriction on the disposal of, a right to manage harbor facilities or a mortgage on such right shall take effect when it is registered in the register of rights to manage harbor facilities, which is kept in the management authority. <Amended on Jan. 4, 2022> |
| (3) | Matters necessary for the registration of a right to manage harbor facilities, etc. under paragraphs (1) and (2) and other matters shall be prescribed by Presidential Decree. |
| (4) | Except as otherwise provided in this Act, the Registration of Real Estate Act shall apply mutatis mutandis to the registration of rights to manage harbor facilities. |
| Article 26 (Establishment and Operation of Integrated Harbor Logistics Information System) |
| (1) | The Minister of Oceans and Fisheries may establish and operate an integrated harbor logistics information system, if necessary to manage information on the use of harbors and harbor logistics and process relevant civil petitions, etc. |
| (2) | Where the Minister of Oceans and Fisheries or any user of the integrated harbor logistics information system processes any civil petition and affairs concerning harbor logistics under this Act using a standardized Form or standard electronic document determined by the system, such civil petition and affairs shall be deemed processed pursuant to relevant provisions of this Act. |
| (3) | A person who intends to process a civil petition using the integrated harbor logistics information system shall file an application with the Minister of Oceans and Fisheries to obtain a registration number. |
| (4) | Where it is impracticable to process civil petitions through the integrated harbor logistics information system due to a failure in the system, etc., the Minister of Oceans and Fisheries may permit users to directly submit documents concerning civil petitions. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for establishing, operating, and using the integrated harbor logistics information system, etc. shall be prescribed by Presidential Decree. |
| Article 27 (Establishment and Operation of Integrated Harbor Construction Information System) |
| (1) | The Minster of Oceans and Fisheries may establish and operate an integrated harbor construction information system, if necessary to manage information on the management and operation of harbor development projects and harbor facilities and process relevant civil petitions, etc. |
| (2) | To establish and operate an integrated harbor construction information system pursuant to paragraph (1), the Minister of Oceans and Fisheries may request the heads of other central administrative agencies, local governments, and public institutions designated under the Act on the Management of Public Institutions (hereinafter referred to as “public institutions”) to provide necessary data or information. |
| (3) | The Minister of Oceans and Fisheries may designate a person, which has facilities and equipment as well as human resources and an organization capable of properly managing information on the management and operation of harbor development projects and harbor facilities, as a dedicated institution for managing and operating the integrated harbor construction information system. |
| (4) | Article 26 (2) and (4) shall apply mutatis mutandis to the operation and use of the integrated harbor construction information system. In such cases, “integrated harbor logistics information system” shall be construed as “integrated harbor construction information system” and “affairs concerning harbor logistics” shall be construed as “affairs concerning the management and operation of harbor development projects and harbor facilities". |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for establishing and operating the integrated harbor construction information system and designating a dedicated institution and other matters shall be prescribed by Presidential Decree. |
| Article 28 (Prohibited Activities) |
| (1) | No one shall engage in any of the following activities in a harbor without good cause: |
| 1. | Dumping toxic substances or a carcass; |
| 2. | Dumping a large quantity of soil, rocks, or waste, or other activity likely to affect the depth of the harbor; |
| 3. | Any other activities prescribed by Presidential Decree, which are likely to hinder the conservation or use of the harbor. |
| (2) | To prevent safety accidents in a harbor zone, the management authority may control access to any of the following places where human deaths or injuries are frequently or highly likely to occur: <Amended on Jan. 4, 2022> |
| 1. | A breakwater, revetment, beach, or any other place directly influenced by waves in a harbor zone; |
| 2. | A place where cargo vehicles, stevedoring equipment, etc. move or operate; |
| 3. | Any other place where safety accidents occur frequently. |
| (3) | Where intending to control access under paragraph (2), the management authority shall publicly announce the grounds and period for access control and other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall actively publicize such fact through information and communications media. <Amended on Jan. 4, 2022> |
| (4) | Where the grounds for access control under paragraph (2) cease to exist or access control is deemed unnecessary, the management authority shall immediately withdraw such access control measure and make a public announcement, etc. of the withdrawal under paragraph (3). <Amended on Jan. 4, 2022> |
| (5) | Procedures and methods for publicly announcing access control and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 29 (Investigations into Environmental Conditions) |
| (1) | The Government may investigate the environmental conditions of harbor zones to manage and operate harbors in an environmentally friendly manner. |
| (2) | The scope and subject matter of investigations into environmental conditions and methods for conducting such investigations under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 30 (Reduction of Greenhouse Gases) |
| (1) | To maintain and manage low-carbon harbors, anyone who runs a licensed, permitted, or registered business in a harbor zone (hereinafter referred to as "harbor business entity") under this Act, the Marine Transportation Act, the Harbor Transport Business Act, or any other relevant statutes or regulations shall endeavor to reduce the emissions of greenhouse gases and pollutants when using harbor facilities. |
| (2) | The Government may recommend harbor business entities to install facilities necessary for preventing or reducing the emissions of greenhouse gases, etc., or take other relevant measures. |
| Article 31 (Reporting on Facilities and Equipment) |
| (1) | A person who uses and manages harbor facilities prescribed by Presidential Decree (excluding management authorities; hereinafter referred to as "facility manager"), among gate locks, canals, stevedoring equipment, and any other harbor facilities that require operation (hereinafter referred to as "facilities and equipment"), shall report his or her intended activity to a management authority in advance if he or she intends to install or remove such facilities and equipment. <Amended on Feb. 18, 2020> |
| (2) | Upon receipt of a report under paragraph (1), the management authority shall review the details of the report and accept it if such report is in conformity with this Act. <Amended on Jan. 4, 2022> |
| (3) | Procedures for filing a report under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 32 (Self-Inspections of Facilities and Equipment) |
| (1) | Each facility manager shall conduct self-inspections, at least annually, on facilities and equipment used and managed, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall take necessary measures, without delay, for facilities and equipment that require maintenance or repair as a result of such self-inspections. |
| (2) | Each facility manager shall prepare and keep the records of self-inspections on facilities and equipment used and managed, as well as the records of maintenance and repair, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 33 (Inspections of Facilities and Equipment) |
| (1) | Each facility manager shall undergo the following inspections a management authority conducts on facilities and equipment used and managed: <Amended on Feb. 18, 2020> |
| 1. | Manufacturing inspection: An inspection conducted when facilities and equipment are manufactured; |
| 2. | Installation inspection: An inspection conducted when facilities and equipment in the form of finished products are installed; |
| 3. | Regular inspection: An inspection conducted regularly at intervals set by Ordinance of the Ministry of Oceans and Fisheries, beginning on the manufacturing inspection date or the installation inspection date, to ensure the safety of facilities and equipment in operation; |
| 4. | Occasional inspection: An inspection conducted when fixed facilities or equipment are relocated or the structures of facilities or equipment are altered. |
| (2) | The scope of facilities and equipment subject to inspections by type of inspection under paragraph (1), methods of conducting inspections, and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | A person who intends to undergo an inspection under paragraph (1) shall pay fees to a management authority. <Amended on Feb. 18, 2020> |
| Article 34 (Exemption from Inspections) |
| (1) | Facilities and equipment that have passed any of the following inspections, checkups, examinations, etc. shall be exempted from inspections referred to in Article 33 (1), according to the classifications prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
| 3. | Any other inspections, checkups, diagnoses, etc. prescribed by Presidential Decree conducted pursuant to other statues or regulations. |
| (2) | Where a facilities manager equipped with technical workforce and facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries submits, to a management authority, a report on the results of self-inspections he or she has conducted on the facilities and equipment used and managed and then passes a documentary examination, the facility manager shall be deemed to have passed a regular inspection under Article 33 (1) 3. <Amended on Feb. 18, 2020> |
| Article 35 (Inspection Agencies) |
| (1) | A management authority may assign a person designated by the Minister of Oceans and Fisheries (hereinafter referred to as "inspection agency") to conduct inspections under Article 33 (1) on his or her behalf. <Amended on Feb. 18, 2020> |
| (2) | A person that intends to be designated as an inspection agency shall have technical workforce and facilities meeting the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | Where an inspection agency conducts an inspection on behalf of a management authority, fees referred to in Article 33 (3) shall be paid to the inspection agency. |
| (4) | Where an inspection agency falls under any of the following cases, the Minister of Oceans and Fisheries may revoke its designation or suspend the qualification of the inspection agency for a specified period not exceeding six months: Provided, That if an inspection agency falls under subparagraph 1, the Minister shall revoke its designation: |
| 1. | Where the inspection agency is designated by fraud or other improper means; |
| 2. | Where the inspection agency ceases to meet the standards for designation referred to in paragraph (2); |
| 3. | Where the inspection agency fails to comply with an order to improve its inspection affairs, etc. under paragraph (5); |
| 4. | Where the inspection agency fails to conduct an inspection for at least three months without good cause; |
| 5. | Where the inspection agency issues a false inspection certificate without conducting inspections specified in the inspection standards; issues an inspection certificate different from the inspection outcomes; or conducts any other inadequate inspections. |
| (5) | The Minister of Oceans and Fisheries may verify and inspect each inspection agency’s inspection affairs annually, and may take necessary measures, such as issuing an order to improve inspection affairs, if necessary after he or she verifies and inspects inspection outcomes submitted by an inspection agency. |
| Article 36 (Technical Standards for Harbor Facilities) |
| (1) | The Minister of Oceans and Fisheries may establish and publicly notify technical standards for water facilities, peripheral facilities, mooring facilities, and any other harbor facilities prescribed by Presidential Decree. |
| (2) | A person who intends to design or implement a harbor development project shall comply with the technical standards established under paragraph (1) as well as the seismic design standards established and publicly notified by the Minister of Oceans and Fisheries. |
| (3) | To develop the technical standards established under paragraph (1), the Minister of Oceans and Fisheries may perform the following duties: |
| 1. | Managing and operating the technical standards; |
| 2. | Conducting research and development of the technical standards, as well as disseminating the standards; |
| 3. | Verifying and evaluating the technical standards; |
| 4. | Studying and analyzing trends in systems and polices related to international technical standards; |
| 5. | Any other duties prescribed by Presidential Decree. |
| (4) | The Minister of Oceans and Fisheries may entrust his or her duties to develop the technical standards for harbor facilities referred to in paragraph (3) to a specialized institution prescribed by Presidential Decree. |
| (5) | The Minister of Oceans and Fisheries may subsidize, within budgetary limits, expenses incurred in performing the duties entrusted pursuant to paragraph (4) for a specialized institution entrusted with the duties. |
| Article 37 (Utilization of New Technologies) |
| (1) | To facilitate the development and utilization of new technologies related to harbor facilities, the Minister of Oceans and Fisheries may promote the application of new technologies designated pursuant to the Marine Science and Technology Promotion Act, the Construction Technology Promotion Act, or any other relevant statues and regulations to harbor development projects, and may support test beds for new technology. |
| (2) | Eligibility for promotion and support for test beds under paragraph (1) shall be determined through evaluations, and the methods and procedures for conducting the evaluations, and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 38 (Safety Inspections for Harbor Facilities) |
| (1) | The owner of a harbor facility shall conduct safety inspections according to the following classifications: |
| 2. | Harbor facilities, other than those referred to in subparagraph 1: Regular safety inspections, full safety inspections, and emergency safety inspections, as prescribed by Presidential Decree. |
| (2) | Where necessary to ascertain whether safety inspections are properly conducted under paragraph (1), a management authority may require the owner of the relevant harbor facility (excluding the State or a City/Do if it is the owner of the facility) to submit a report or data on outcomes of the inspections, or may take any other necessary measures. <Amended on Feb. 18, 2020> |
| Article 39 (Special Cases concerning Application of the Ship Safety Act to Harbor Construction Work Vessels) |
| (1) | For purposes of applying Articles 7 through 11 of the Ship Safety Act to harbor construction work vessels (referring to vessels mounted with fixed harbor construction equipment prescribed by Presidential Decree, which implement a harbor development project in a harbor zone; hereinafter the same shall apply), the procedures, methods, timing, etc. for conducting surveys of such vessels shall be separately prescribed by Ordinance of the Ministry of Oceans and Fisheries, notwithstanding corresponding provisions of that Act. |
| (2) | Notwithstanding Article 26 of the Ship Safety Act, the Minister of Oceans and Fisheries may prescribe and publicly notify separate standards for vessel facilities of harbor construction work vessels, such as harbor construction equipment. |
| (3) | The Korea Maritime Transportation Safety Authority or a classification society, which conducts surveys, etc. on behalf of the Minister of Oceans and Fisheries pursuant to Article 60 (1) and (2) of the Ship Safety Act, may entrust surveys of harbor construction equipment, among surveys referred to in paragraph (1), to an agency prescribed by Presidential Decree as having expertise in such duties. |
| Article 40 (Qualifications for Operation of Harbor Construction Equipment) |
A person who intends to operate harbor construction equipment referred to in Article 39 (1) shall meet any of the following qualifications: | 2. | Completing an educational course on the operation of harbor construction equipment which is provided by an educational institution designated by the Minister of Oceans and Fisheries. |
| Article 41 (Use of Harbor Facilities) |
| (1) | A person who intends to use a harbor facility (excluding aids to navigation; hereafter the same shall apply in this Article) shall satisfy one or more of the following methods, as prescribed by Presidential Decree; and a person who intends to use a harbor facility prescribed by Ordinance of the Ministry of Oceans and Fisheries by satisfying any method specified in subparagraphs 3 through 5 shall report such fact to a management authority: <Amended on Feb. 18, 2020; Jan. 4, 2022> |
| 1. | Obtaining permission to use the harbor facility from the management authority (including a person delegated or entrusted by the Minister of Oceans and Fisheries to operate harbor facilities pursuant to Article 104 (hereinafter referred to as "harbor facility operator"); hereafter the same shall apply in paragraph (3)); |
| 2. | Entering into a lease contract with the management authority; |
| 3. | Entering into a lease contract with the relevant harbor facility operator; |
| 4. | Entering into a lease contract with a person who has obtained permission for use under subparagraph 1; |
| 5. | Obtaining consent from a person who has entered into a lease contract under subparagraphs 2 through 4 (hereinafter referred to as "lessee"). |
| (2) | Where a non-management authority has obtained approval of an implementation plan for a harbor development project or has reported thereon pursuant to Article 10 (2) or (5), he or she shall be deemed to have obtained permission or consent to use harbor facilities and have reported on its use within the scope of such implementation plan for the harbor development project pursuant to paragraph (1). |
| (3) | Upon receipt of an application for permission to use a harbor facility under paragraph (1) 1, a management authority shall grant permission to use it unless the use of the harbor facility does not hinder the development, management, and operation of the relevant harbor. <Amended on Feb. 18, 2020> |
| (4) | Except as provided in paragraphs (1) through (3), the method of using harbor facilities and other matters shall be determined by a management authority or the relevant harbor facility operator or lessee. <Amended on Feb. 18, 2020> |
| Article 42 (User Fees for Harbor Facilities) |
| (1) | A management authority, harbor facility operator, or lessee may collect user fees from users of harbor facilities pursuant to Article 41 (1) or (2): Provided, That persons prescribed by Presidential Decree may be fully or partially exempted from the user fees. <Amended on Feb. 18, 2020> |
| (2) | Where a maritime cargo transporter referred to in Article 23 of the Marine Transportation Act or a person prescribed by Presidential Decree has filed a report with a management authority under the latter part of Article 41 (1) and paid user fees in lump sum on behalf of the users of harbor facilities to simultaneously transport the cargoes of several shippers, the competent management authority may reimburse the relevant business entity for expenses incurred in paying such user fees in subrogation, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020> |
| (3) | Matters to be considered when calculating the type and rate of user fees referred to in paragraph (1) and other matters shall be prescribed by Presidential Decree. |
| (4) | A harbor facility operator or lessee shall file a report with a management authority on the rate of user fees, method of collecting the fees under paragraph (1), and other matters in advance. <Amended on Feb. 18, 2020> |
| (5) | Upon receipt of a report under paragraph (4), the management authority shall review the details of the report and accept it if such report is consistent with this Act. <Amended on Jan. 4, 2022> |
| (6) | Except as provided in paragraphs (1) through (5), user fees for harbor facilities shall be determined by the management authority or the relevant harbor facility operator or lessee. <Amended on Jan. 4, 2022> |
| Article 43 (Collection of User Fees by Non-Management Authorities) |
| (1) | A person who has allowed another person to use a harbor facility pursuant to Article 15 (5) or 19 (4) may collect user fees from him or her. In such cases, the person shall file a report with a management authority on matters concerning the method of using the facility, the rate of user fees, the method of collecting the fees, etc. <Amended on Feb. 18, 2020> |
| (2) | Upon receipt of a report under the latter part of paragraph (1), the management authority shall review the details of the report and accept it if such report is consistent with this Act. <Amended on Jan. 4, 2022> |
| (3) | Where a management authority deems that the method of using a facility and the rate of user fees referred to in paragraph (1) are likely to undermine users’ convenience, he or she may issue an order to change such method or rate or to take other measures necessary for managing and operating the harbor facility. <Amended on Feb. 18, 2020> |
| (4) | The period for collecting user fees under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER V HARBOR HINTERLAND COMPLEXES
SECTION 1 Designation of Harbor Hinterland Complexes
| Article 44 (Formulation of Comprehensive Plans to Develop Harbor Hinterland Complexes) |
| (1) | The Minister of Oceans and Fisheries shall formulate, every five years, a comprehensive plan to develop a harbor hinterland complex for any harbor deemed to require the development of a harbor hinterland complex (hereinafter referred to as "comprehensive plan"). |
| (2) | A comprehensive plan shall include the following matters: |
| 1. | Sites for developing a harbor hinterland complex and demand for harbor facilities; |
| 2. | Systematic development and supply of sites for developing a harbor hinterland complex, such as reclaimed public waters and unused land in a harbor; |
| 3. | Designation and development of a harbor hinterland complex; |
| 4. | Direction-setting for developing a harbor hinterland complex; |
| 5. | Maintenance and adjustment of harbor facilities installed in a harbor hinterland complex; |
| 6. | Any other matters prescribed by Presidential Decree. |
| (3) | Where the Minister of Oceans and Fisheries intends to formulate a comprehensive plan, he or she shall formulate a draft comprehensive plan and submit it to the Central Council for deliberation after hearing opinions of the competent Mayor/Do Governor and pre-consulting with the heads of relevant central administrative agencies. |
| (4) | If it is necessary to amend a comprehensive plan for the efficient development of a harbor hinterland complex, the Minister of Oceans and Fisheries may amend the comprehensive plan. In such cases, paragraph (3) shall apply mutatis mutandis to procedures for amending the comprehensive plan, but this shall not apply to any modification to minor matters prescribed by Presidential Decree. |
| (5) | The Minister of Oceans and Fisheries may require relevant institutions to submit data necessary for formulating or amending a comprehensive plan or request them to provide cooperation, as prescribed by Presidential Decree; and relevant institutions in receipt of such demand or request shall comply therewith, in the absence of good cause. |
| (6) | Upon formulating or amending a comprehensive plan, the Minister of Oceans and Fisheries shall publicly notify the plan, as prescribed by Presidential Decree. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for formulating and amending a comprehensive plan and other matters shall be prescribed by Presidential Decree. |
| Article 45 (Designation of Harbor Hinterland Complexes) |
The Minister of Oceans and Fisheries shall designate a harbor hinterland complex according to the following classifications:
| 1. | Class 1 harbor hinterland complex: A harbor hinterland complex designed to increase the added-value of a harbor and revitalize harbor-related industries by collectively installing and developing supporting facilities and harbor waterfront facilities in the harbor zone of a trade port or in an area predetermined for the installation of harbor facilities referred to in Article 6 (1) 8; |
| 2. | Class 2 harbor hinterland complex: A harbor hinterland complex designed to improve the functions of a harbor and Class 1 harbor hinterland complex and to provide convenience to harbor users by installing facilities prescribed by Presidential Decree, such as a general business facility, sales facility, or residential facility, in a harbor zone or in an area predetermined for the installation of harbor facilities referred to in Article 6 (1) 8 (excluding an area designated as a Class 1 harbor hinterland complex referred to in subparagraph 1 (hereinafter referred to as "Class 1 harbor hinterland complex")). |
| Article 46 (Harbor Hinterland Complex Development Plans) |
| (1) | Where the Minister of Oceans and Fisheries intends to designate a harbor hinterland complex pursuant to Article 45, he or she shall formulate a harbor hinterland complex development plan and submit it to the Central Council for deliberation after hearing opinions of the competent Mayor/Do Governor and consulting with the heads of relevant central administrative agencies. The same shall also apply to any modification to important matters prescribed by Presidential Decree, among matters concerning the designation of a harbor hinterland complex. |
| (2) | A harbor hinterland complex development plan formulated pursuant to paragraph (1) (hereinafter referred to as "harbor hinterland complex development plan") shall include the following matters: Provided, That if deemed inevitable in formulating a harbor hinterland complex development plan, matters specified in subparagraph 7 may be included in such plan after a harbor hinterland complex is designated: |
| 1. | The name, location, and area of the harbor hinterland complex; |
| 2. | The objectives of designation of the harbor hinterland complex; |
| 3. | The entity, period, and method of implementing the relevant harbor hinterland complex development project; |
| 4. | A land use plan and a plan to establish major infrastructure; |
| 5. | Major facilities to be located in the harbor hinterland complex and the standards for installing such facilities; |
| 7. | A detailed list of land, goods, or rights subject to expropriation or use, if any; |
| 8. | Land to be supplied as raw land under Article 54 and direction-setting for developing such land (limited to where land to be supplied as raw land exists); |
| 9. | Any other matters prescribed by Presidential Decree. |
| (3) | Where the Minister of Oceans and Fisheries intends to designate a harbor hinterland complex by including, in such complex, all or part of the land, which is developed through a harbor development project implemented by a non-management authority and which is not vested in the State under the proviso of Article 15 (1), he or she shall formulate a harbor hinterland complex development plan based on a land use plan and facility project plan submitted by a person who owns such land (hereinafter referred to as "land owner"). |
| (4) | If necessary to seamlessly develop and use a harbor hinterland complex, a land owner may request the Minister of Oceans and Fisheries to amend a harbor hinterland complex development plan formulated pursuant to paragraph (3). |
| Article 47 (Proposals and Open Competition for Harbor Hinterland Complex Development Plans) |
| (1) | A person falling under the subparagraphs of Article 50 (1) may propose to the Minister of Oceans and Fisheries the formulation or amendment of a harbor hinterland complex development plan to the extent consistent with a comprehensive plan or for an area not covered by the comprehensive plan. |
| (2) | Upon receipt of a proposal for the formulation or amendment of a harbor hinterland complex development plan under paragraph (1), the Minister of Oceans and Fisheries shall notify the proposer of the results of processing the proposal. |
| (3) | To implement a creative and efficient harbor hinterland development project, the Minister of Oceans and Fisheries may conduct an open competition for a draft harbor hinterland complex development plan and reflect any draft plan selected through such competition into the final hinterland complex development plan. |
| (4) | Procedures for proposing a harbor hinterland complex development plan under paragraph (1) and for participating in an open competition under paragraph (3) and other matters shall be prescribed by Presidential Decree. |
| Article 48 (Public Notice of Designation of Harbor Hinterland Complexes) |
| (1) | Upon designating a harbor hinterland complex or modifying any contents of the designation of the complex, the Minister of Oceans and Fisheries shall publicly notify matters prescribed by Presidential Decree in the Official Gazette or the official bulletin of the relevant City/Do, and shall forward copies of relevant documents to the head of the competent Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply). In such cases, where any land, goods, or rights are to be expropriated or used to implement a harbor hinterland complex development project, the Minister shall also publicly notify a detailed list thereof and notify the owner or holder of such land, goods, or rights thereof. <Amended on Feb. 18, 2020> |
| (2) | Notwithstanding the latter part of paragraph (1), the Minister of Oceans and Fisheries may separately publicly notify a detailed list of land, goods, or rights subject to expropriation or use after publicly notifying the designation of a harbor hinterland complex, if it falls under the proviso of Article 46 (2). |
| Article 49 (Cancellation of Designation of Harbor Hinterland Complexes) |
| (1) | Where approval of an implementation plan for a harbor development project under Article 10 (2) or approval of an implementation plan for a harbor hinterland complex development project under Article 51 (1) is not obtained ( or where an implementation plan for a harbor development project has not been formulated if the Minister of Oceans and Fisheries implements a harbor hinterland complex development project pursuant to Article 9 (1)) for all or part of the harbor hinterland complex, within a period prescribed by Presidential Decree not exceeding five years from the date the harbor development complex is designated and its designation is publicly notified, the designation of the relevant area as a harbor hinterland complex shall be deemed canceled on the day following the expiry date of such period: Provided, That the period may be extended by up to one year, if the formulation of an implementation plan for a harbor development plan or implementation plan for a harbor hinterland complex development project is delayed due to a natural disaster or any other event beyond control prescribed by Presidential Decree. |
| (2) | Where a harbor hinterland complex falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation of the harbor hinterland complex for all or part of the area designated as such, subject to deliberation by the Central Council, as prescribed by Presidential Decree: |
| 1. | Where it becomes impracticable to develop all or part of the area designated as a harbor hinterland complex according to the relevant harbor hinterland complex development plan; |
| 2. | Where the operation of the relevant harbor is not deemed hindered even if an area, which has been designated as a Class 2 harbor hinterland complex referred to in subparagraph 2 of Article 45 (hereinafter referred to as "Class 2 harbor hinterland complex") and the development of which has been completed according to a harbor hinterland complex development plan, is managed as an urban area referred to in subparagraph 1 of Article 6 of the National Land Planning and Utilization Act; |
| 3. | Where a harbor hinterland complex, the development of which has been completed according to a harbor hinterland complex development plan, is deemed unable to perform its functions or to accomplish the objectives of designation of the harbor hinterland complex due to changes in the harbor logistics conditions of adjacent areas, lack of occupant enterprises, etc. |
| (3) | Upon cancellation of the designation of a harbor hinterland complex under paragraph (1) or (2), the Minister of Oceans and Fisheries shall notify the head of the competent Si/Gun/Gu and the heads of other relevant administrative agencies of the cancellation, and publicly notify such fact in the Official Gazette or the official bulletin of the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Province. |
SECTION 2 Development of Harbor Hinterland Complexes
| Article 50 (Developers of Harbor Hinterland Complex Development Projects) |
| (1) | The Minister of Oceans and Fisheries may designate the developer of a harbor hinterland complex development project (hereinafter referred to as "project developer") from among the following persons: |
| 1. | A State agency or a local government; |
| 3. | A public institution prescribed by Presidential Decree; |
| 5. | A private investor meeting the qualifications prescribed by Presidential Decree, including capital; |
| 6. | A corporation meeting the standards prescribed by Presidential Decree, which has been incorporated by a person falling under any of subparagraphs 1 through 5 by making investments to implement a harbor hinterland complex development project. |
| (2) | Where a Class 1 harbor hinterland complex has been designated adjacent to a Class 2 harbor hinterland complex in a trade port, the Minister of Oceans and Fisheries may preferentially designate the project developer of the Class 1 harbor hinterland complex development project as the project developer of the Class 2 harbor hinterland complex development project. |
| (3) | Where a project developer falls under any of the following cases, the Minister of Oceans and Fisheries may replace it or revoke its designation: |
| 1. | Where the project developer fails to apply for approval of an implementation plan for a harbor hinterland complex development project under Article 51 (1) within two years from the date it is designated as a project developer under paragraph (1); |
| 2. | Where the project developer fails to commence a harbor hinterland complex development project within one year after obtaining approval of an implementation plan for the harbor hinterland complex development project under Article 51 (1); |
| 3. | Where approval of an implementation plan for a harbor hinterland complex development project obtained under Article 51 (1) is revoked; |
| 4. | Where the purposes of a harbor hinterland complex development project are deemed unattainable due to a natural disaster, the project developer’s bankruptcy, or on any other grounds prescribed by Presidential Decree (limited to where the Central Council has deliberated on such replacement or revocation). |
| (4) | Upon designating a project developer, revoking its designation, or replacing it under paragraph (1) or (3), the Minister of Oceans and Fisheries shall publicly notify such fact, as prescribed by Presidential Decree. |
| Article 51 (Approval of Implementation Plans for Harbor Hinterland Complex Development Projects) |
| (1) | Where a project developer intends to implement a harbor hinterland complex development project, it shall formulate an implementation plan for the harbor hinterland complex development project and obtain approval thereof from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. |
| (2) | An implementation plan for a harbor hinterland complex development project formulated under paragraph (1) (hereinafter referred to as "implementation plan for a harbor hinterland complex development project") shall include the details of the relevant harbor hinterland complex development plan and the following matters: |
| 1. | The name, location, and area of the harbor hinterland complex; |
| 2. | The name or title of the project developer (including the location and the name of its representative); |
| 3. | The period for implementing the harbor hinterland complex development project; |
| 4. | A land use plan, a transportation plan, and an environmental management plan; |
| 5. | A financing plan and an annual investment plan; |
| 6. | A plan to establish infrastructure (including a cost sharing plan); |
| 7. | A plan to dispose of land to be developed; |
| 8. | Any other matters prescribed by Presidential Decree. |
| (3) | Where a project developer intends to amend an implementation plan for a harbor hinterland complex development project approved under paragraph (1), it shall obtain approval of such amendment from the Minister of Oceans and Fisheries: Provided, That this shall not apply to any modification to minor matters prescribed by Presidential Decree. |
| (4) | Where the Minister of Oceans and Fisheries intends to approve an implementation plan for a harbor hinterland complex development project or to approve amendment thereto, he or she shall hear opinions of the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. |
| (5) | Upon approval of an implementation plan for a harbor hinterland complex development project or of amendment to such plan, the Minister of Oceans and Fisheries shall publicly notify such fact and forward copies of relevant documents to the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. In such cases, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu in receipt of copies of the documents shall make them available for public inspection for a period exceeding 14 days. |
| (6) | Upon receipt of copies of relevant documents under paragraph (5), the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu shall apply for approval of topographic drawings under Article 32 (2) of the National Land Planning and Utilization Act or take other necessary measures, if the documents include matters concerning determination as to an urban or Gun management plan defined in subparagraph 4 of Article 2 of that Act. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for implementing a harbor hinterland complex development project shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. |
| Article 52 (Installation of Public Facilities) |
The Minister of Oceans and Fisheries may require a project developer to construct roads, parks, greens, or any other public facilities prescribed by Presidential Decree, which are necessary for a harbor hinterland complex, or to maintain the existing parks and greens.
| Article 53 (Advance Payments) |
A project developer may receive, in advance, all or part of the price for any land, building, structure, etc. developed through a harbor hinterland complex development project from a person who intends to be supplied with or to use such developed land, building, structure, etc., as prescribed by Presidential Decree.
| Article 54 (Supply and Development of Raw Land) |
| (1) | Where necessary to partially develop a harbor hinterland complex (limited to an area not exceeding 1/3 of the total area of the harbor hinterland complex) in a nature-friendly or multi-dimensional manner, a project developer may formulate a supply plan for undeveloped land (hereinafter referred to as "raw land") and supply such raw land to any of the following persons to develop it, with the approval of the Minister of Oceans and Fisheries: |
| 4. | A public institution prescribed by Presidential Decree. |
| (2) | A supply plan for raw land formulated under paragraph (1) shall include matters concerning a person that develops supplied raw land (hereinafter referred to as "raw land developer"), the details of supply of such raw land, etc. |
| (3) | Where a project developer intends to amend a supply plan for raw land approved under paragraph (1), it shall obtain approval from the Minister of Oceans and Fisheries. |
| (4) | When granting approval under paragraph (1) or (3), the Minister of Oceans and Fisheries may attach implementation conditions regarding the development of raw land, such as the development density, including the floor area ratio, the area and arrangement by land use, a traffic control plan, and the establishment of infrastructure. In such cases, a project developer shall reflect such implementation conditions in the terms and conditions of a supply contract for raw land entered into pursuant to paragraph (5). |
| (5) | After entering into a supply contract for raw land with a raw land developer according to the following, a project developer shall receive a detailed plan, including the deadline for commencement of construction, scheduled date of completion of construction, project period, etc., from the raw land developer, and reflect the detailed plan in the relevant implementation plan for the harbor hinterland complex development project: |
| 1. | Direction-setting for developing raw land under Article 46 (2) 8; |
| 2. | A supply plan for raw land formulated under paragraph (1). |
| (6) | No raw land developer (excluding State agencies and local governments) shall sell any parcel of the raw land to a third party during a period, not exceeding 10 years, prescribed by Presidential Decree: Provided, That this shall not apply where the raw land is to be used for purposes prescribed by Presidential Decree, such as housing for migration or public facilities, with prior approval from the Minister of Oceans and Fisheries. |
| (7) | The Minister of Oceans and Fisheries may revoke approval of a supply plan for raw land or require a project developer to take necessary measures, such as demanding the implementation of the relevant contract, reinstatement, claiming compensation for damage, or canceling a supply contract for raw land, in any of the following cases: |
| 1. | Where the project developer fails to supply raw land according to the supply plan for raw land formulated under paragraph (1); |
| 2. | Where the project developer or the raw land developer fails to meet the implementation conditions imposed under paragraph (4); |
| 3. | Where the raw land developer falls under any of the subparagraphs of paragraph (8). |
| (8) | Where a raw land developer falls under any of the following, a project developer may terminate a supply contract for raw land, as prescribed by Presidential Decree: |
| 1. | Where the raw land developer fails to commence construction by the deadline for commencement specified in the detailed plan submitted under paragraph (5); |
| 2. | Where the raw land developer fails to complete the project to develop raw land within the project period specified in the detailed plan submitted under paragraph (5) after commencing construction for development; |
| 3. | Where the raw land developer sells all or part of the supplied raw land to a third party, in violation of paragraph (6); |
| 4. | Where the raw land developer violates the terms and conditions of the supply contract for raw land entered into under paragraph (5) by using the raw land for other than its original purpose specified in the supply contract or by committing any other violation. |
| (9) | Except as provided in paragraphs (1) through (8), the standards for selecting raw land developers, procedures and standards for supplying raw land, the supply price of raw land, scope of the duties of project developers and raw land developers, methods for entering into supply contracts for raw land, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 55 (Restrictions on Disposal of State or Public Land) |
| (1) | No land owned by the State or a local government and located in a harbor hinterland complex shall be disposed of for other than its original purpose specified in the relevant implementation plan for a harbor hinterland complex development project, if such land is required for the project. |
| (3) | Upon receipt of a request for consultation under the latter part of paragraph (2), the heads of relevant central administrative agencies shall take measures necessary for consultation within 30 days after receipt of such request. |
| Article 56 (Pre-Contract for Sale of State or Public Property) |
| (1) | The State or a local government may enter into a pre-contract for sale of property disposable under a negotiated contract pursuant to Article 55 (2) with a project developer on condition that the project developer completes a harbor hinterland complex development project. |
| (2) | Article 45 (2) through (5) of the State Property Act shall apply mutatis mutandis to the use of, and profits from, any property subject to a pre-contract for sale under paragraph (1), the termination or cancellation of the pre-contract, and other necessary matters. |
| Article 57 (Special Cases concerning Permission to Use State Property) |
| (1) | If deemed particularly necessary to seamlessly implement a harbor hinterland complex development project, the State may grant permission to use State property in the relevant harbor hinterland complex or lease such property to a project developer within a period not exceeding 20 years, notwithstanding Articles 35 and 46 of the State Property Act. |
| (2) | The previous permission to use, or lease contract for, State property may be renewed only once for a period not exceeding the initial period for permission to use or lease, and commencing upon expiration of the period for permission to use or lease specified in paragraph (1). |
| (3) | Any person who has obtained permission to use or leased State property pursuant to paragraph (1) may install necessary permanent facilities on such State property, notwithstanding Article 18 of the State Property Act. In such cases, the State shall attach the condition that such facilities be donated or returned to the State after reinstatement upon expiration of the period for permission to use or lease, based on the type, etc. of such facilities. |
| Article 58 (Verification of Completion) |
| (1) | Upon completion of a harbor hinterland development project, a project developer shall file an application for verification of completion with the Minister of Oceans and Fisheries without delay, as prescribed by Presidential Decree. In such cases, a project developer may apply for verification of completion for each phase or each facility within the scope of the relevant implementation plan for the harbor hinterland development project, if necessary to efficiently implement the project. |
| (2) | Upon receipt of an application for verification of completion under paragraph (1), the Minister of Oceans and Fisheries shall conduct a completion inspection, as prescribed by Presidential Decree, and shall issue to the applicant a completion certificate in the Form prescribed by Ordinance of the Ministry of Oceans and Fisheries if the Minister deems that the relevant harbor hinterland development project has been implemented as specified in the approved implementation plan for the harbor hinterland complex development project. |
| (3) | Where a completion inspection conducted under paragraph (2) finds that a harbor hinterland complex development project has not been completed as specified in the approved implementation plan for the harbor hinterland complex development project, the Minister of Oceans and Fisheries shall issue an order to take necessary measures, such as supplementary construction, without delay. |
| (4) | Where a project developer receives a completion certificate under paragraph (2), the relevant project shall be deemed to have passed a completion inspection or obtained completion authorization, etc. through permission, etc. granted under the subparagraphs of Article 98 (1). |
| (5) | No person shall use any land or facility developed or installed through a harbor hinterland complex development project before a completion certificate is issued under paragraph (2): Provided, That this shall not apply where a report on its use prior to completion is filed with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. |
| (6) | Upon receipt of a report under the proviso of paragraph (5), the Minister of Oceans and Fisheries shall review the details of the report and accept it if such report is consistent with this Act. |
| Article 59 (Public Announcement of Completion of Projects) |
Upon issuing a completion certificate under Article 58 (2), the Minister of Oceans and Fisheries shall publicly announce the completion of the relevant project.
| Article 60 (Vesting of Harbor Hinterland Complexes) |
| (1) | Articles 15 (1) and (3) through (5) and 43 shall apply mutatis mutandis to the vesting, gratuitous use, etc. of any land and harbor facilities within a harbor hinterland complex developed through a harbor hinterland complex development project. In such cases, "harbor development project implemented by a non-management authority under the main clause of Article 9 (2)" shall be construed as "harbor hinterland complex development project"; "non-management authority" as "project developer"; "proviso of Article 12 (5)" as "proviso of Article 58 (5)"; and "Article 15 (5) or 19 (4)" as "Article 15 (5) applied mutatis mutandis pursuant to Article 60 (1)". |
| (2) | Where a project developer installs a new public facility (excluding facilities prescribed by Presidential Decree; hereafter the same shall apply in this Article) or a facility replacing any preexisting public facility as part of a harbor hinterland complex development project, Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the vesting of such new public facility or facility replacing the preexisting one (hereinafter referred to as "public facility, etc."). |
| (3) | For purposes of registering a public facility, etc. referred to in paragraph (2), a document verifying the grounds of registration under the Registration of Real Estate Act may be substituted with the letter of approval of the implementation plan for the relevant harbor hinterland complex development project referred to in Article 51 (1) and the completion certificate referred to in Article 58 (2). |
| Article 61 (Request for Sale of Land) |
| (1) | A project developer may request the sale of any land prescribed by Presidential Decree, among land acquired by the State under the main clause of Article 15 (1) applied mutatis mutandis pursuant to Article 60 (1), within one year from the date a completion certificate is issued under Article 58 (2). In such cases, the State shall not reject such request, except where such land is to be used for national or public purposes. |
| (2) | Article 16 (2) shall apply mutatis mutandis to the selling price of the land referred to in paragraph (1) and procedures for calculating the price. |
| Article 62 (Disposal of Developed Land) |
| (1) | A project developer shall directly use, sell in lots, or lease any land developed and acquired through a harbor hinterland complex development project according to the implementation plan for the harbor hinterland complex development project. |
| (2) | Methods and procedures for disposing of land under paragraph (1), standards for the price thereof, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 63 (Reinvestment of Development Gains) |
| (1) | A project developer shall use up to 25/100 of the development gains accruing from a harbor hinterland complex development project for any of the following uses, as prescribed by Presidential Decree: |
| 1. | Lowering the selling prices or rent of sites, etc. for harbor facilities in the relevant harbor hinterland complex; |
| 2. | Covering expenses incurred in establishing infrastructure or public facilities in the relevant harbor hinterland complex. |
| (2) | A project developer shall take necessary measures, such as keeping a separate account of development gains referred to in paragraph (1), to ensure that the development gains are reinvested as planned. |
| (3) | Articles 8 through 12 of the Restitution of Development Gains Act shall apply mutatis mutandis to the computation of development gains referred to in paragraph (1). In such cases, "standards for imposing development charges" shall be construed as "standards for computing development gains"; "end point of imposition" as "end point of computation of development gains"; "land subject to imposition" as "land subject to computation of development gains"; "starting point of imposition" as "starting point of computation of development gains"; "period for imposition" as "period for computation of development gains"; "authorization, etc. for a development project from the State or a local government", "authorization, etc. from the State or a local government", "authorization, etc. for a development project" or "authorization, etc." as "approval of an implementation plan for a development project"; "authorization, etc. for completion of a development project" as "verification of completion"; "person liable for payment" as "project developer"; "development project" as "harbor hinterland complex development project"; and "Minister of Land, Infrastructure and Transport" as "Minister of Oceans and Fisheries". |
| Article 64 (Organization of Consultative Councils for Occupants) |
| (1) | Where the Minister of Oceans and Fisheries has publicly announced the completion of a project pursuant to Article 59, occupants and prospective occupants, including occupant enterprises, in the relevant harbor hinterland complex may organize a consultative council to efficiently manage the complex. |
| (2) | The organization and operation of a consultative council for occupants under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
SECTION 3 Management and Operation of Class 1 Harbor Hinterland Complexes
| Article 65 (Management Guidelines for Class 1 Harbor Hinterland Complexes) |
| (1) | The Minister of Oceans and Fisheries shall prepare and publicly notify management guidelines for Class 1 harbor hinterland complexes that stipulate basic matters concerning the management of Class 1 harbor hinterland complexes (hereinafter referred to as "management guidelines"). The same shall also apply to any modification to matters, other than minor matters prescribed by Presidential Decree, in the management guidelines. |
| (2) | The details and preparation of the management guidelines and other necessary matters shall be prescribed by Presidential Decree. |
| Article 66 (Designation of Management Agencies) |
| (1) | The Minister of Oceans and Fisheries shall designate a management agency for a Class 1 harbor hinterland complex (hereinafter referred to as “management agency”) to manage such complex. |
| (2) | The Minister of Oceans and Fisheries may designate any of the following agencies or institutions as a management agency, and may designate at least two institutions as joint management agencies, each performing different duties: |
| 1. | A State agency or a local government; |
| 3. | An institution or organization meeting the standards prescribed and publicly notified by the Minister of Oceans and Fisheries, such as specialists and facilities necessary for operating a Class 1 harbor hinterland complex. |
| (3) | Where at least two persons own any land in a single Class 1 harbor hinterland complex, the landowners may request the Minister of Oceans and Fisheries to designate any institution, other than those referred to in paragraph (2) 3, as a management agency after consultation among the landowners. In such cases, the Minister shall designate such institution as a management agency. |
| (4) | Where a Class 1 harbor hinterland complex is designated as a free trade zone pursuant to Article 4 of the Act on Designation and Management of Free Trade Zones before a management agency is designated under paragraph (1), an administrative authority referred to in Article 8 of that Act (referring to the person delegated or entrusted with the duties of the administrative authority if such duties are delegated or entrusted pursuant to Article 55 (3) of that Act) shall be deemed designated as a management agency, notwithstanding paragraph (1). |
| (5) | Where necessary to efficiently manage a Class 1 harbor hinterland complex, the Minister of Oceans and Fisheries may designate a replaced management agency. In such cases, paragraphs (2) and (3) shall apply mutatis mutandis to the designation of a replacement. |
| (6) | Except as provided in paragraphs (1) through (5), the procedures for designating a management agency and designating a replacement, timing to designate it, and other matters shall be prescribed by Presidential Decree. |
| Article 67 (Duties of Management Agencies) |
A management agency shall perform the following duties concerning the management of a Class 1 harbor hinterland complex:
| 1. | Managing occupant enterprises and supporting their business activities; |
| 2. | Maintaining and managing joint facilities; |
| 3. | Installing and operating various supporting facilities; |
| 4. | Any other duties concerning managing and operating a Class 1 harbor hinterland complex. |
| Article 68 (Formulation of Class 1 Harbor Hinterland Complex Management Plans) |
| (1) | A management agency shall formulate a Class 1 harbor hinterland complex management plan and submit it to the Minister of Oceans and Fisheries. |
| (2) | A Class 1 harbor hinterland complex management plan formulated pursuant to paragraph (1) shall include the following matters: |
| 1. | The area and scope of the Class 1 harbor hinterland complex to be managed; |
| 2. | Types of business eligible for occupying the complex and the qualifications of occupant enterprises; |
| 3. | The establishment and operation of supporting facilities for the Class 1 harbor hinterland complex; |
| 4. | Any other matters necessary for managing the Class 1 harbor hinterland complex. |
| (3) | Matters necessary for formulating a Class 1 harbor hinterland complex management plan pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 69 (Occupancy Requirements) |
| (1) | Any of the following persons shall be qualified to move into a Class 1 harbor hinterland complex: Provided, That even if a person who intends to run business falling under the manufacturing industry or knowledge services industry (referring to the knowledge services industry referred to in Article 8 (2) of the Industrial Development Act; hereinafter the same shall apply) fails to meet the requirements specified in any of subparagraphs 2, 3, and 4, he or she may move into the complex on condition that he or she meet the requirements specified in any of subparagraphs 2, 3, and 4 within a period prescribed by Presidential Decree after entering into an occupancy contract pursuant to Article 71 (1), if deemed necessary by the Minister of Oceans and Fisheries to ensure the seamless operation of harbor logistics, create trading volumes, etc.: <Amended on Dec. 8, 2020> |
| 1. | A person who runs a business prescribed by Presidential Decree, which involves loading and unloading, transporting, distributing, selling, storing, or exhibiting cargoes brought in and out of the competent harbor or supports such activities; |
| 2. | A person who runs a manufacturing business for cargoes mainly for exports and imports using ships that enter and depart from the competent harbor, and who meets the criteria prescribed by Presidential Decree, such as the ratio of export and import values to the sales; |
| 3. | A foreign-invested enterprise that intends to run a manufacturing business capable of creating trading volumes using ships entering and departing from the competent harbor, and that meets the criteria prescribed by Presidential Decree, such as the share of foreign investment; |
| 4. | A person who intends to run a business prescribed by Presidential Decree in the knowledge services industry, and who meets the criteria prescribed by Presidential Decree, such as the share of exports and imports; |
| 5. | A person who intends to run a wholesale business mainly for export and import transactions using ships that enter and depart from the competent harbor, and who meets the criteria prescribed by Presidential Decree, such as the share of import and export transactions; |
| 6. | A person who runs a business prescribed by Presidential Decree, which supports the businesses of occupant enterprises; |
| 7. | A person who runs a business prescribed by Presidential Decree, which relates to managing and operating harbor waterfront facilities; |
| 8. | A State agency or public institution directly related to managing and operating harbors. |
| (2) | Where any land or facility in a Class 1 harbor hinterland complex is still vacant after persons who meet the occupancy requirements under the subparagraphs of paragraph (1) move into the complex and where the scale, etc. of such land or facility meet the criteria prescribed by Presidential Decree, the relevant management agency may permit a person who runs a manufacturing business to move into the complex, notwithstanding paragraph (1). |
| Article 70 (Preferential Occupancy) |
Where persons who meet the occupancy requirements under Article 69 (1) compete to apply for an occupancy contract referred to in Article 71 (1), a management agency may enter into an occupancy contract preferentially with any of the following persons: <Amended on Dec. 8, 2020> | 1. | A person who runs a harbor logistics business (including the logistics activity of putting cargo into or taking them out of a container) creating high added value; |
| 2. | A person who runs a manufacturing business, the export value of which exceeds the criteria prescribed by Presidential Decree; |
| 3. | A repatriating enterprise referred to in Article 69 (1) 2-2, which meets the criteria prescribed by Presidential Decree, such as the ratio of sales net of exports to Republic of Korea to gross sales as of before repatriation. |
| Article 71 (Occupancy Contracts) |
| (1) | A person who intends to move into a Class 1 harbor hinterland complex to run a business therein shall enter into an occupancy contract (hereinafter referred to as "occupancy contract") with the relevant management agency. The same shall also apply to any amendment to the terms and conditions of the contract. |
| (2) | In entering into an occupancy contract pursuant to paragraph (1), a management agency may attach conditions necessary for achieving the objectives of occupancy, such as requiring the submission of a plan to establish business facilities that includes the type of business, details of the facilities, etc. In such cases, the scope of conditions shall be limited to the minimum extent necessary for promoting the public interests, and such conditions shall not impose unjust duties. |
| (3) | Matters necessary for an occupancy contract referred to in paragraph (1) and amendment to the terms and conditions of the contract shall be prescribed by Presidential Decree. |
| Article 72 (Termination of Occupancy Contracts) |
| (1) | Where any occupant enterprise enters into an occupancy contract by fraud or other improper means, a management agency shall terminate its occupancy contract. |
| (2) | Where an occupant enterprise falls under any of the following cases, the relevant management agency may terminate its occupancy contract: Provided, That this shall not apply where the management agency issues a corrective order and the relevant occupant enterprise complies therewith within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries, if the occupant enterprise falls under subparagraph 1 or 3: |
| 1. | Where the enterprise fails to meet the occupancy requirements specified in Article 69, or fails to meet the occupancy requirements specified in the proviso of Article 69 (1) after entering into the occupancy contract; |
| 2. | Where the enterprise runs a business, other than the business for which it has entered into the occupancy contract; |
| 3. | Where the enterprise fails to meet the conditions imposed when the occupancy contract is entered into under Article 71 (2); |
| 4. | Where the enterprise discontinues its business. |
| Article 73 (Processing following Termination of Occupancy Contracts) |
| (1) | A person whose occupancy contract has been terminated pursuant to Article 72 shall immediately discontinue his or her business, except for conducting any remaining affairs prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | A person whose occupancy contract has been terminated pursuant to Article 72 shall transfer his or her land, factory, building, or other facility (hereinafter referred to as “factory, etc.”) in a Class 1 harbor hinterland complex to another occupant enterprise or to any third party meeting the occupancy requirements under Article 69, as prescribed by Presidential Decree. |
| (3) | A person who intends to transfer any land, factory, etc. under paragraph (2) shall notify, in writing, the transferee of the occupancy requirements referred to in Article 69 and the grounds of termination of the occupancy contract under Article 72. |
| Article 74 (Restrictions on Disposal of Land or Factories) |
| (1) | An occupant enterprise who has acquired, by sale in lots, any land owned by the State or a local government (including the relevant land if a project developer has acquired land owned by the State or a local government) or a person who has acquired, by transfer, any land under paragraph (2) in a Class 1 harbor hinterland complex shall transfer such land to the relevant management agency if the enterprise or person intends to dispose of such land before completing the establishment of any of the following facilities according to a plan to establish business facilities submitted under the former part of Article 71 (2): |
| (2) | Where a management agency deems it impracticable to acquire land by transfer under paragraph (1), an occupant enterprise shall transfer such land to another occupant enterprise or any third party meeting the occupancy requirements under Article 69. |
| (3) | The transfer price of the land referred to in paragraphs (1) and (2) shall be an amount calculated by adding the interest and costs prescribed by Presidential Decree to the acquisition price: Provided, That the transfer price of land may not exceed the amount calculated by adding the interest and costs prescribed by Presidential Decree to the acquisition price, if requested by the transferor. |
| (4) | Where an occupant enterprise transfers or lessees (including sublease; hereinafter the same shall apply) any land, factory, etc. after completing the establishment of facilities under the subparagraphs of paragraph (1), only an occupant enterprise or any third party meeting the occupancy requirements shall be the transferee or lessee. |
| (5) | A person who intends to dispose of any land, factory, etc. pursuant to paragraph (2) or (4) shall notify, in writing, the transferee or lessee of the occupancy requirements referred to in Article 69 and the grounds of termination of the occupancy contract under Article 72 before entering into a transfer contract or lease agreement. |
| Article 75 (Use of Land or Factories Acquired by Auction) |
| (1) | A person who has acquired any land, factory, etc. in a Class 1 harbor hinterland complex by auction or pursuant to relevant statutes shall dispose of or use them according to the following requirements: |
| 1. | The person shall enter into an occupancy contract, as prescribed by Presidential Decree: Provided, That where a person who has acquired or merged an occupant enterprise meets the occupancy requirements and runs the type of business for which he or she has entered into an occupancy contract, the person shall be deemed to have entered into an occupancy contract under Article 71; |
| 2. | Where the person fails to enter into an occupancy contract (including where an occupancy contract is deemed entered into) under subparagraph 1, he or she shall transfer his or her land, factory, etc. to another occupant enterprise or to any third party meeting the occupancy requirements under Article 69, as prescribed by Presidential Decree. |
| (2) | A person who intends to transfer his or her land, factory, etc. pursuant to paragraph (1) 2 shall notify, in writing, the transferee of the occupancy requirements referred to in Article 69 and the grounds of termination of the occupancy contract under Article 72 before entering into a transfer contract. |
| Article 76 (Management and Operation of Class 1 Harbor Hinterland Complex Designated as Free Trade Zone) |
| Article 77 (Management and Operation Expenses for Joint Facilities) |
| (1) | A management agency may collect expenses incurred in managing and operating facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries, among joint facilities in a Class 1 harbor hinterland complex, from occupant enterprises, etc. |
| (2) | Standards and methods for bearing management and operation expenses referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 78 (Exemption from Landscaping Duties in Class 1 Harbor Hinterland Complexes) |
Notwithstanding Article 42 of the Building Act, any occupant enterprise shall be exempt from landscaping duties specified in that Article for its sites in a Class 1 harbor hinterland complex.
CHAPTER VI EXPENSES FOR HARBORS
| Article 79 (Principles of Bearing Expenses) |
| (1) | Except as otherwise provided in this Act or other statutes, expenses in managing a harbor and facilities shall be borne by the State if a management authority is the Minister of Oceans and Fisheries, and by a City/Do if the competent management authority is a Mayor/Do Governor. <Amended on Feb. 18, 2020> |
| (2) | Expenses incurred in a harbor development project implemented by a non-management authority pursuant to Article 9 (2) shall be borne by the non-management authority. |
| (3) | Expenses incurred in relation to a harbor hinterland complex development project implemented by a project developer shall be borne by the project developer. |
| (4) | Where any public organization or an individual performs minor repair works for any harbor facility for its, his or her own needs, expenses incurred in such repair works shall be borne by such organization or individual. |
| Article 80 (Subsidization for Expenses) |
| (1) | The State may partially subsidize or finance expenses incurred in implementing a harbor hinterland complex development project within budgetary limits for the relevant project developer, as prescribed by Presidential Decree. |
| (2) | The State or a local government shall give priority to supporting the construction of infrastructure prescribed by Presidential Decree required for harbor hinterland complexes, such as roads, railroads, and water supply facilities. |
| (4) | To attract occupant enterprises or support institutions to a Class 1 harbor hinterland complex, the State or a local government may take measures necessary for financial support. |
| Article 81 (Expenses Incurred in Performing Obligations) |
Expenses incurred in performing an obligation under this Act or in compliance with any order or condition issued or imposed under this Act, or any relevant disposition made under this Act shall be borne by the relevant obligor, except as otherwise provided in this Act.
| Article 82 (Coercive Collection of User Fees) |
Where a person liable to pay a user fee, or any other charge under this Act or in compliance with any order or condition issued or imposed under this Act, or any relevant disposition made under this Act fails to make such payment to a management authority, the Minister of Oceans and Fisheries or the competent Mayor/Do Governor may collect it in the same manner as delinquent national taxes are collected or pursuant to the Act on the Collection of Local Administrative Penalty Charges. <Amended on Feb. 18, 2020, Mar. 24, 2020>
| Article 83 (Dispositions for Violations of Statues or Regulations) |
| (1) | In any of the following cases, the Minister of Oceans and Fisheries or a Mayor/Do Governor may revoke permission, designation, or approval granted under this Act, issue an order to suspend or alter construction works, an order to renovate, alter, relocate, remove, or reinstate facilities or things, an order to suspend the use of facilities and equipment, or make any other necessary disposition or issue an order to take measures: Provided, That he or she shall revoke permission, designation, or approval in cases of subparagraph 1: <Amended on Feb. 18, 2020> |
| 1. | Where a person obtains the following permission, approval, or designation by fraud or other improper means: |
| (a) | Permission to implement a harbor development project under the main clause of Article 9 (2); |
| (b) | Approval of an implementation plan for a harbor development project under the main clause of Article 10 (2); |
| (c) | Permission to use a harbor facility under Article 41 (1) 1; |
| (d) | Designation of a project developer under Article 50 (1); |
| (e) | . Approval for a write-off under Article 51 (1); |
| (f) | Designation of a management agency prescribed in Article 66 (1); |
| 2. | Where a person violates any content of permission to implement a harbor development project under the main clause of Article 9 (2); |
| 3. | Where a person violates any content of approval of an implementation plan for a harbor development project, a report on modification, or a report on formulation of an implementation plan for a harbor development project under Article 10 (2) or (5); |
| 4. | Where a person fails to commence a harbor development project within one year from the date he or she obtains approval of an implementation plan for the harbor development project or reports thereon, in violation of Article 11; |
| 5. | Where a person is exempted from a regular inspection under Article 34 (2) by fraud or other improper means; |
| 6. | Where a person violates any content of permission to use a harbor facility under Article 41 (1) 1; |
| 7. | Where a person fails to pay user fees for a harbor facility referred to in Article 42 (1) within the period prescribed by Presidential Decree; |
| 8. | Where a project developer supplies raw land without obtaining approval under Article 54. |
| (2) | Detailed criteria for revoking permission, designation, or approval, issuing an order to suspend or alter construction works, an order to revoke, alter, relocate, remove, or reinstate facilities or things, an order to suspend the use of facilities and equipment, or for making any other necessary disposition or issuing an order to take measures under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, considering the type, motive, and severity of each violation. |
| (3) | Upon making disposition, etc. under paragraph (1), the Minister of Oceans and Fisheries or the competent Mayor/Do Governor shall publicly notify such fact, as prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| Article 84 (Dispositions for Public Interests) |
The Minister of Oceans and Fisheries or a Mayor/Do Governor may make any disposition, etc. under Article 83 for a person who has obtained permission to implement a harbor development project under the main clause of Article 9 (2), approval of an implementation plan for a harbor development project under the main clause of Article 10 (2), or permission to use a harbor facility under Article 41 (1) 1, in any of the following cases: <Amended on Feb. 18, 2020> | 1. | Where the relevant disposition is necessary to respond to changing circumstances of a harbor, efficiently manage and operate a harbor, or to promote any other public interests; |
| 2. | Where a war, disturbance, other emergency, natural disaster, or any other force majeure event occurs; |
| 3. | Where cargo congestion in a harbor hinders or is likely to hinder the operation of the harbor. |
| Article 85 (Reporting and Inspections) |
| (1) | The Minister of Oceans and Fisheries or a Mayor/Do Governor may require a person who has obtained permission or approval or filed for registration under this Act or under an order issued under this Act or a harbor facility operator to submit a report; or may have subordinate public officials enter the office, place of business, or any other necessary place of such person, a facility manager, or of a harbor facility operator to inspect the status of the relevant harbor development project, harbor facilities, things, relevant documents, etc., in any of the following cases: <Amended on Feb. 18, 2020> |
| 1. | Where it is necessary to verify whether the person, operator, or manager complies with the following contents or outcomes: |
| (a) | Contents of permission to implement a harbor development project under the main clause of Article 9 (2); |
| (b) | Contents of approval of an implementation plan for a harbor development project under Article 10 (2); |
| (c) | Outcomes of self-inspections on facilities and equipment (applicably only to inspections conducted by public officials by entering the relevant place) conducted under Article 32 (1); |
| (d) | Contents of permission to use a harbor facility or those of the operation of harbor facilities by the harbor facility operator under Article 41 (1) 1; |
| 2. | Where a war, disturbance, other emergency, natural disaster, or any other force majeure event is likely to seriously hinder the management and operation of a harbor; |
| 3. | Where it is necessary to verify relevant data or conduct an on-site inspection to implement a public project. |
| (2) | The Minister of Oceans and Fisheries or a management agency may request an occupant enterprise to submit relevant data, if necessary to verify whether the enterprise complies with the occupancy contract, its business performance, etc.; and may have subordinate public officials or staff members enter the enterprise or its place of business, etc. to inspect relevant data, etc. or to make inquiries to relevant persons. |
| (3) | A person who intends to enter a place to conduct an inspection pursuant to paragraph (1) or (2) shall notify, in writing, a person subject to such inspection of an inspection plan regarding the date, time, purpose, details, etc. of the inspection seven days prior to the inspection date: Provided, That this shall not apply to any emergency or where the purposes of the inspection are deemed unattainable if the inspection plan is known. |
| (4) | A person who intends to enter a place to conduct an inspection pursuant to paragraph (1) or (2) shall carry an identification certificate indicating his or her authority and present it to relevant persons, and shall issue to relevant persons a document stating his or her name, time for entry and inspection, purposes, etc. of the inspection when entering the place to conduct such inspection. |
| Article 86 (Disposal of Long-Standing Cargo) |
| (1) | Where the management and operation of harbor facilities are deemed hindered because a cargo has not been transported for at least two months since it was cleared from customs pursuant to the Customs Act or because a domestic cargo has not been transported for at least two months since it was stored at a harbor facility, the Minister of Oceans and Fisheries or the competent Mayor/Do Governor shall notify the owner of the cargo that he or she shall transport the cargo within one month after receipt of such notice, as prescribed by Presidential Decree; and shall issue to the owner a peremptory notice demanding the transportation of the cargo for an additional period not exceeding one month, if the owner fails to transport the cargo even after the lapse of the period stated in the first notice: Provided, That where it is impracticable to give notice or peremptory notice because the whereabouts of the owner of the cargo are unknown, the Minister or the Mayor/Do Governor shall publicly announce such fact, as prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (2) | Where the owner of a cargo fails to transport the cargo within the period stated in the peremptory notice or public announcement given or made under paragraph (1), the Minister of Oceans and Fisheries or the competent Mayor/Do Governor may sell or discard the cargo or vest it in the State or the relevant City/Do, as prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (3) | A harbor facility operator or a lessee may request that the Minister of Oceans and Fisheries or the competent Mayor/Do Governor take measures under paragraphs (1) and (2), if any cargo hinders the operation of a harbor, among cargoes stored at a harbor facility he or she manages and operates, because the cargo has not been transported for at least two months since it was cleared from customs pursuant to the Customs Act. <Amended on Feb. 18, 2020> |
CHAPTER VIII PUBLIC LOADS AND INDEMNIFICATION
| Article 87 (Entry to Other Person’s Land) |
| (1) | If necessary to conduct an inspection or survey to formulate an implementation plan for a harbor development project or implementation plan for a harbor hinterland complex development project, or to implement a harbor development project or harbor hinterland complex development project, the Minister of Oceans and Fisheries, a Mayor/Do Governor, a non-management authority, or a project developer may enter any land owned or occupied by another person or temporarily use such land as a stockyard for piling materials or a temporary passage or road, and may relocate or remove a tree, soil, rock, or any other obstacles in the land, if particularly necessary. <Amended on Feb. 18, 2020> |
| (2) | A person who intends to enter another person's land and a person who intends to temporarily use, alter, or remove obstacles in another person's land pursuant to paragraph (1) shall notify, in writing, the owner or occupant of such land of his or her personal information and the timing for and purpose of such entry at least seven days earlier, and obtain consent thereto from the owner or occupant: Provided, That the Minister of Oceans and Fisheries or a Mayor/Do Governor may enter another person's land without consent from the owner or occupant of the land. <Amended on Feb. 18, 2020> |
| (3) | Where the owner or occupant of land does not give consent or it is impracticable to obtain his or her consent due to an inaccurate address or on any other ground, a non-management authority or a project developer shall obtain permission to enter such land from the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu. |
| (4) | No one may before sunrise or after sunset enter another person's residential premises or land enclosed with walls without consent from the owner or occupant of the premises or land. |
| (5) | A person who intends to enter another person's land pursuant to paragraph (1) shall carry an identification certificate indicating his or her authority and present it to relevant persons, and shall issue to relevant persons a document stating his or her name, and the timing for and purpose of entry when entering such land. |
| (6) | A project developer who has obtained approval of an implementation plan for a harbor hinterland complex development project may enter or temporarily use public waters predetermined for the relevant harbor hinterland complex development project. In such cases, no person who holds a right to public waters under the Fisheries Act, the Aquaculture Industry Development Act, or any other statutes shall interfere with or hinder the project developer's entry to, or temporal use of, the public waters without good cause. <Amended on Jan. 29, 2020> |
| (7) | Matters concerning identification certificates referred to in paragraph (5) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 88 (Use of Land in Emergency Disasters) |
Where deemed particularly necessary to prevent a disaster from causing hazards to harbor facilities or to the use of a harbor, the Minister of Oceans and Fisheries or a Mayor/Do Governor may request that residents in areas adjacent to the harbor or people at the scene of the disaster provide labor; temporarily use any land, houses, ships, and other structures necessary at the scene of the disaster; alter or remove structures or other obstacles; or use or expropriate soil, rocks, trees, means of transportation, and other goods (excluding structures). <Amended on Feb. 18, 2020>
| Article 89 (Expropriation of Land) |
| (1) | Where necessary for the Minister of Oceans and Fisheries or a Mayor/Do Governor to implement a harbor development project or for a project developer to implement a harbor hinterland complex development project, he, she, or it may expropriate or use land, goods, or rights referred to in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (including rights to licensed fishery business referred to in Article 7 of the Fisheries Act; permitted fishery business referred to in Article 40 of that Act; reported fishery business referred to in Article 48 of that Act; aquaculture business licensed under Article 10 of the Aquaculture Industry Development Act; and aquaculture business permitted under Article 43 of that Act; hereinafter the same shall apply), if necessary to implement the relevant project. <Amended on Jan. 29, 2020, Feb. 18, 2020; Jan. 11, 2022> |
| (4) | The Minister of Oceans and Fisheries or a Mayor/Do Governor may determine and publicly notify the standards for determining the scope of sea areas subject to expropriation or use under paragraph (1). <Amended on Jan. 4, 2022> |
| Article 90 (Replotting for Land Owners) |
| (1) | Where a person who owns any land in a harbor hinterland complex intends to use the land as specified in the relevant harbor hinterland complex development plan, the project developer may implement the harbor hinterland complex development project according to such plan, including the land, and allocate replotted land to the land owner upon completion of the project, as prescribed by Presidential Decree. |
| Article 91 (Entrusting Purchase of Land) |
| (1) | A project developer may entrust affairs for a harbor hinterland complex development project, such as purchase of land, indemnification, and measures for migration of residents, to the competent local government or a public institution prescribed by Presidential Decree, as prescribed by Presidential Decree. |
| (2) | Commissions, etc. for purchase of land, indemnification, and measures for migration of residents and other affairs entrusted pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 92 (Measures to Stabilize Real Estate Prices) |
| (1) | The Minister of Oceans and Fisheries, the heads of relevant administrative agencies, and the competent Mayor/Do Governor shall take measures necessary for stabilizing prices of land, buildings, and other real estate in each harbor hinterland complex and adjacent land. |
| (2) | The competent Mayor/Do Governor shall request the heads of relevant central administrative agencies to take the following measures for an area where real estate speculation or a rapid increase in real estate prices is likely to occur as a consequence of a harbor hinterland complex development project: |
| 4. | Any other measures necessary for stabilizing real estate prices. |
| Article 93 (Indemnification for Losses Incurred by Public Loads) |
| (1) | Where any person sustains any loss due to any activity, disposition, etc. performed or made pursuant to Article 87 or 88, the State or the relevant City/Do shall pay due indemnification to such person if the loss is incurred by any activity, disposition, etc. of the Minister of Oceans and Fisheries or the Mayor/Do Governor; and the relevant non-management authority or project developer shall do so if the loss is incurred by the non-management authority or project developer. <Amended on Feb. 18, 2020> |
| (2) | Any entity that intends to pay indemnification under paragraph (1) shall reach an agreement with a person who has sustained a loss. |
| (3) | Where no agreement is reached under paragraph (2), the Minister of Oceans and Fisheries, a Mayor/Do Governor, or a non-management authority shall pay an amount determined on his or her own to the person who has sustained a loss: Provided, That if it is impracticable to pay the amount to such person, he or she shall deposit the amount in the competent depository and notify such person thereof. <Amended on Feb. 18, 2020> |
| (4) | A person dissatisfied with an indemnification paid under paragraph (3) may file an application for adjudication with the competent Land Tribunal within 30 days after receipt of the indemnification or after receipt of the notice of deposit, as prescribed by Presidential Decree. |
| (5) | Where no agreement is reached under paragraph (2), a person who has sustained a loss due to a project developer or any activity, etc. performed by the project developer may file an application for adjudication with the competent Land Tribunal. In such cases, an application for adjudication may be filed during the project implementation period specified in the relevant implementation plan for a harbor hinterland complex development project, notwithstanding Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land for Public Works Projects. |
| Article 94 (Indemnification for Losses Incurred by Dispositions for Public Interests) |
Article 93 (1) through (4) shall apply mutatis mutandis to indemnification for losses incurred by any disposition made under Article 84.
| Article 95 (Indemnification for Losses Incurred by Harbor Development Projects) |
| (1) | Where any person has sustained a loss due to the implementation of a harbor development project under Article 9, the developer of the harbor development project shall indemnify the person for the loss or install facilities to prevent the loss. |
| (2) | Article 93 (2) through (4) shall apply mutatis mutandis to indemnification under paragraph (1). |
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 96 (Relationship to Other National Projects) |
| (1) | Where the State or a local government intends to implement a project subject to permission from the Minister of Oceans and Fisheries or the competent Mayor/Do Governor under the following subparagraphs, the administrative authority implementing such project shall consult with, or obtain permission from, the Minister or the competent Mayor/Do Governor, as prescribed by Presidential Decree, notwithstanding the following subparagraphs: <Amended on Feb. 18, 2020> |
| 1. | Permission to implement a harbor development project under the main clause of Article 9 (2); |
| 2. | Permission to use a harbor facility under Article 41 (1) 1. |
| (2) | Where the State or a local government intends to perform any of the following activities, it shall pre-consult with the Minister of Oceans and Fisheries or the competent Mayor/Do Governor: <Amended on Feb. 18, 2020> |
| (3) | Where the head of a relevant administrative agency intends to create a mining right, etc. or make any disposition in a harbor zone or area predetermined for the installation of harbor facilities referred to in Article 6 (1) 8, pursuant to the Mining Industry Act, the Fisheries Act, the Aquaculture Industry Development Act, the Public Waters Management and Reclamation Act, or any other statute or regulation, he or she shall pre-consult with the Minister of Oceans and Fisheries or the competent Mayor/Do Governor. <Amended on Jan. 29, 2020, Feb. 18, 2020> |
| Article 97 (Restrictions on Activities) |
| (1) | A person who intends to construct a building, install a structure, alter the form and quality of land, collect soil and rocks, partition land, pile goods, or engage in any other activities prescribed by Presidential Decree in an area designated and publicly notified as a harbor hinterland complex shall obtain permission from the Minister of Oceans and Fisheries (applicable only to activities on public waters managed by the Minister of Oceans and Fisheries pursuant to the Public Waters Management and Reclamation Act; hereafter the same shall apply in this Article), the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. The same shall also apply to any modification to permitted matters. |
| (2) | Notwithstanding paragraph (1), none of the following activities require permission: |
| 1. | Activities to take emergency measures necessary for recovering from a disaster or controlling a calamity; |
| 2. | Activities prescribed by Presidential Decree, such as changing the form and quality of land for cultivation. |
| (3) | A person who has commenced construction works or a project regarding an activity, which is subject to permission under paragraph (1) and for which permission has already been obtained when a harbor hinterland complex was designated or publicly notified pursuant to relevant statutes and regulations, or regarding an activity that does not require permission may continue to implement such construction works or project after filing a report thereon with the Minister of Oceans and Fisheries, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. |
| (4) | The Minister of Oceans and Fisheries, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue a reinstatement order to a person who has violated paragraph (1). In such cases, the Minister, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may perform vicarious execution pursuant to the Administrative Vicarious Execution Act, if the person in receipt of the order fails to perform such obligations. |
| Article 98 (Relevant Authorization and Permission Deemed Granted) |
| (1) | Where the Minister of Oceans and Fisheries or a Mayor/Do Governor has publicly announced the formulation of an implementation plan for a harbor development project or amendment thereto under the main clause of Article 10 (1); where he or she has publicly announced approval of an implementation plan for a harbor development project by a non-management authority or approval of amendment thereto under the proviso of Article 10 (1) or Article 10 (2); or where he or she has publicly notified approval of an implementation plan for a harbor hinterland complex development project or approval of amendment thereto under Article 51 (5), the following authorization, permission, determination, licenses, consultation, consent, approval, reports, cancellation, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed obtained, made, or held regarding matters on which the Minister has consulted with the heads of relevant administrative agencies pursuant to paragraph (3), and authorization, permission, etc. under any of the following statutes shall be deemed publicly notified or announced: <Amended on Feb. 18, 2020; Nov. 30, 2021> |
| 1. | Building permission under Article 11 of the Building Act; reporting on building construction under Article 14 of that Act; modification to matters permitted or reported under Article 16 of that Act; permission for and reporting on temporary buildings under Article 20 of that Act; or consultation on building construction under Article 29 of that Act; |
| 4. | Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act; approval of, or reporting on, an implementation plan to occupy or use public waters under Article 17 of that Act; a reclamation license of public waters referred to in Article 28 of that Act; consultation on, or approval for, reclamation conducted by the State, etc. under Article 35 of that Act; or approval of an implementation plan for reclamation of public waters under Article 38 of that Act; |
| 9. | Consultation with, or approval from, the competent road management authority under Article 107 of the Road Act (applicable only to designation and public notice of a road route prescribed under Article 19 of that Act; determination of a road zone under Article 25 of that Act; permission to perform road works for a person other than a road management authority under Article 36 of that Act; and permission to occupy and use roads under Article 61 of that Act); |
| 13. | Approval of an implementation plan for developing a national industrial complex under Article 17 of the Industrial Sites and Development Act; approval of an implementation plan for developing a general industrial complex under Article 18 of that Act; approval of an implementation plan for developing an urban high-tech industrial complex under Article 18-2 of that Act; or approval of an implementation plan for developing an agricultural and industrial complex under Article 19 of that Act; |
| 26. | Permission to perform river works or authorization for a river works execution plan under Article 30 of the River Act, or permission to occupy and use a river under Article 33 of that Act; |
| 27. | Consent to building permission, etc. under Article 6 (1) of the Act on Installation and Maintenance of Firefighting Systems. |
| 1. | Where the formulation of a harbor master plan or amendment thereto have been publicly notified pursuant to Articles 5 through 8; |
| 2. | Where the formulation of a comprehensive plan or amendment thereto have been publicly notified pursuant to Article 44. |
| (3) | Where matters specified in the subparagaphs of paragraph (1) are included in any of the following cases, the Minister of Oceans and Fisheries or a Mayor/Do Governor shall pre-consult with the heads of relevant administrative agencies. In such cases, the head of a relevant administrative agency shall submit his or her opinion within 20 days after receipt of a request for consultation; and where the head of the relevant administrative agency fails to submit his or her opinion within such period, consultation shall be deemed held: <Amended on Feb. 18, 2020> |
| 1. | Where the Minister or the Mayor/Do Governor formulates or amends an implementation plan for a harbor development project pursuant to Article 10 (1); |
| 2. | Where the Minister or the Mayor/Do Governor approves an implementation plan for a harbor development project implemented by a non-management authority, or approves modification to matters approved pursuant to Article 10 (2); |
| 3. | Where the Minister or the Mayor/Do Governor approves an implementation plan for a harbor hinterland complex development project implemented by a project developer, or approves modification to matters approved pursuant to Article 51. |
| (4) | Notwithstanding paragraph (3), the Minister of Oceans and Fisheries or a Mayor/Do Governor may approve an implementation plan for a harbor development project or an implementation plan for a harbor hinterland complex development project or approve amendment thereto, if necessary, before completing consultation with the head of a relevant administrative agency. In such cases, no authorization, permission, etc. under paragraph (1) shall be deemed granted until such consultation is complete. <Amended on Jan. 4, 2022> |
| (5) | Where a non-management authority or a project developer intends to obtain constructive authorization, permission, etc. under paragraph (1), he or she shall submit relevant documents prescribed by relevant statutes, when applying for approval of an implementation plan for a harbor hinterland complex or an implementation plan for a harbor hinterland complex development project or applying for amendment thereto. |
[Enforcement Date: Jan. 12, 2023] Article 98
| Article 99 (Joint Conference on Legal Fiction of Authorization and Permission) |
| (1) | To consult with the heads of relevant administrative agencies pursuant to Article 98 (3), the Minister of Oceans and Fisheries or a Mayor/Do Governor may hold a joint conference on legal fiction of authorization, permission, etc., as prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (2) | The heads of the relevant administrative agencies referred to in Article 98 (3) shall have subordinate public officials attend the joint conference held pursuant to paragraph (1). |
To make any of the following dispositions, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or a management agency shall hold a hearing pursuant to the Administrative Procedures Act: <Amended on Feb. 18, 2020> | 1. | Revoking the designation of an inspection agency pursuant to Article 35 (4); |
| 2. | Replacing a project developer or revoking the designation of a project developer pursuant to Article 50 (3); |
| 3. | Terminating an occupancy contract for a Class 1 harbor hinterland complex pursuant to Article 72; |
| 4. | Revoking permission to implement a harbor development project; approval of an implementation plan for a harbor development project; permission to use a harbor facility; designation of a project developer; or approval of an implementation plan for a harbor hinterland complex development project pursuant to Article 83 or 84. |
| Article 101 (Transfer of Rights or Obligations) |
| (1) | A person who intends to transfer his or her rights or obligations arising from permission or approval granted under this Act shall obtain authorization from the Minister of Oceans and Fisheries or the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the person need not obtain authorization if such rights or obligations are transferred by inheritance or on any other grounds prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (2) | The transfer of rights and obligations under the main clause of paragraph (1) shall become effective from the date the relevant person obtains authorization therefor from the Minister of Oceans and Fisheries or the competent Mayor/Do Governor. <Amended on Feb. 18, 2020> |
| Article 102 (Incorporation of Korea Ports and Harbors Association) |
| (1) | To promote sound development of the harbor construction industry by conducting surveys, research, and technology development concerning harbor construction and facilitating the joint utilization of information on harbor construction, persons related to harbor construction may incorporate a Korea Ports and Harbors Association (hereinafter referred to as the "Association") with the approval of the Minister of Oceans and Fisheries. |
| (2) | The Association shall be a corporation. |
| (3) | The Association shall perform the following activities: |
| 1. | Conducting surveys, research, and publicity on harbors; |
| 2. | Collecting, analyzing, and providing information on harbor construction technologies; |
| 3. | Providing services for surveys, design, supervision, and technologies relating to harbor construction and conducting inspections on the safety of facilities; |
| 4. | Providing education and training as well as support to improve harbor construction technologies; |
| 5. | Performing activities incidental to those referred to in subparagraphs 1 through 4, which are specified in its articles of association. |
| (4) | The Association shall obtain approval of its articles of association from the Minister of Oceans and Fisheries, and matters necessary for mandatory descriptions of the articles of association, the operation, etc. of the Association shall be prescribed by Presidential Decree. |
| (5) | The Minister of Oceans and Fisheries may request the Association to report on its activities or to submit data, and may have subordinate public officials enter its office, place of business, or any other necessary place to inspect its accounting records, documents, and other goods or to make inquiries to relevant persons, if necessary for supervising the Association. |
| (6) | A public official who intends to enter a place to conduct an inspection or make inquiries pursuant to paragraph (5) shall carry an identification certificate indicating his or her authority and produce it to relevant persons. |
| (7) | Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association. |
| Article 103 (Support for International Cooperation on Harbors) |
To promote international cooperation relating to domestic harbors and harbor industries and support relevant domestic enterprises’ entry into overseas markets, the Minister of Oceans and Fisheries may perform the following duties:
| 1. | Identifying and managing international cooperation projects relating to harbors; conducting surveys and research; and providing relevant information; |
| 2. | Human exchanges for international cooperation relating to harbors; and education and training for relevant human resources; |
| 3. | Providing advice on advance into overseas harbor development projects as well as technical support; |
| 4. | International exchanges and publicity on information relating to harbors and harbor industries; |
| 5. | Cooperation with harbor-related international organizations as well as with assistance-related institutions; |
| 6. | Any other duties concerning the promotion of international cooperation relating to harbors and harbor industries, as well as concerning advance into overseas markets. |
| Article 104 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Oceans and Fisheries under this Act may be delegated to the head of an institution under his or her management or a Mayor/Do Governor in accordance with Presidential Decree. |
A person who intends to obtain permission, file for registration, or file a report under this Act shall pay fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries
| Article 106 (Tax Reduction and Exemption) |
CHAPTER X PENALTY PROVISIONS
| Article 107 (Penalty Provisions) |
A person who alters the structure or location of a harbor facility or damages a harbor facility to degrade the efficiency of a harbor or to cause a hazard to the ships entering into or departing from the harbor shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won.
| Article 108 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
| 1. | A person who obtains permission under the main clause of Article 9 (2) by fraud or other improper means; |
| 2. | A person designated as a project developer under Article 50 (1) by fraud or other improper means; |
| 3. | A person who obtains approval of an implementation plan for a harbor hinterland complex development project or approval of amendment thereto under Article 51 (1) or (3) by fraud or other improper means; |
| 4. | A person who runs a business in a Class 1 harbor hinterland complex without entering into an occupancy contract or contract for amendments under Article 71 (1) or by entering into such contract by fraud or other improper means; |
| 5. | A person who runs the relevant business, other than remaining affairs conducted under Article 73 (1), after his or her occupancy contract is terminated under Article 72. |
| Article 109 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Feb. 18, 2020>
| 1. | A person who implements a harbor development project without obtaining permission under the main clause of Article 9 (2), in violation of Article 9 (2); |
| 2. | A person who implements a harbor development project without obtaining approval of an implementation plan for the harbor development project under the main clause of Article 10 (2) or without filing a report under the proviso of Article 10 (2) or paragraph (5) of that Article; |
| 3. | A person who uses any land or harbor facility for other than the uses of harbor facilities specified in Article 6 (1) 6 or for other than the purpose of permission granted under the main clause of Article 9 (2), in violation of Article 17; |
| 4. | A person who transfers any land or harbor facility to another person, in violation of Article 19 (1); |
| 5. | A person who engages in any prohibited activity in a harbor, in violation of Article 28; |
| 6. | A person who uses any harbor facility, in violation of the former part of Article 41 (1); |
| 7. | A person who obtains permission to use a harbor facility pursuant to Article 41 (1) 1 by fraud or other improper means; |
| 8. | A person who implements a harbor hinterland complex development project without obtaining approval of an implementation plan for the harbor hinterland complex development project pursuant to Article 51 (1); |
| 9. | A person who rejects or interferes with any activity or disposition performed or made by the Minister of Oceans and Fisheries or a Mayor/Do Governor pursuant to Article 88 without good cause; |
| 10. | A person who obtains permission or permission for modification pursuant to Article 97 (1) by fraud or other improper means. |
| Article 110 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
| 1. | A person who uses any land or facility developed or installed without reporting on its use under the proviso of Article 12 (5) or the proviso of Article 58 (5); |
| 2. | A person who leases any land or harbor facility to another person, in violation of Article 18; |
| 3. | A person who fails to conduct safety inspections pursuant to Article 38 (1); |
| 4. | A person who operates harbor construction equipment without meeting the qualifications, in violation of Article 40; |
| 5. | A person who disposes of any land, factory, etc., in violation of Article 73 (2), or 74 (1), (2), or (4); |
| 6. | A person who disposes of or uses any land, factory, etc., in violation of Article 75 (1); |
| 7. | A person who fails to comply with an order to suspend or alter construction works; to renovate, alter, relocate, remove, or reinstate facilities or things; or to suspend the use of facilities and equipment; any other necessary disposition; or an order to take other measures issued or made under Article 83 (1) or 84; |
| 8. | A person who engages in any activity specified in Article 97 (1) in a harbor hinterland complex without obtaining permission or permission for modification under Article 97 (1); |
| 9. | A person who submits a false report or false data in response to a request for submission of a report or data under Article 102 (5). |
| Article 111 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed by a corporation or an individual commits any offense specified in Articles 107 through 110 in connection with the affairs of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in taking due care and supervision concerning the relevant affairs to prevent such offense.
| Article 112 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | Non-public official members among members of the Central Council, a sub-council, or a regional harbor council established pursuant to Article 4 (1) through (3); |
| 2. | Executive officers or employees of the Association, a Port Authority, the Korea Shipping Association, or Korea Water Resources Corporation entrusted with duties pursuant to Article 104 (2). |
| Article 113 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Jan. 4, 2022> |
| 1. | A person who fails to report on acquisition by transfer under Article 19 (2); |
| 2. | A person who fails to file a report under Article 31 (1); |
| 3. | A person who fails to conduct self-inspections, or fails to take necessary measures, without delay, for facilities and equipment requiring maintenance or repair under Article 32 (1); |
| 4. | A person who fails to prepare and keep the records of self-inspections and those of maintenance and repair under Article 32 (2); |
| 5. | A person who fails to undergo inspections under Article 33 (1); |
| 6. | A person who prepares and submits a false report on inspection results under Article 34 (2); |
| 7. | A person who conducts inspections after revocation of the designation of an inspection agency or during the period of suspending the qualification of an inspection agency under Article 35 (4); |
| 8. | A person who fails to comply with an order to improve inspection affairs issued under Article 35 (5); |
| 9. | A person who fails to submit a report or data without good cause, or prepares and submits a false report or data, in violation of Article 38 (2); |
| 10. | A person who fails to file a report under the latter part of Article 41 (1); |
| 11. | A person who fails to give notice under Article 73 (3), 74 (5), or 75 (2); |
| 12. | A person who fails to submit a report or submits a false report; a person who rejects, interferes with, or evades entry and inspections without good cause; or a person who fails to submit data or prepares and submits false data, in violation of Article 85 (1) or (2) (limited to where a request to submit data or entry and inspections are made or conducted by the Minister of Oceans and Fisheries or a management agency specified in Article 66 (2) 1); |
| 13. | A person who rejects or interferes with any activity performed by the Minister of Oceans and Fisheries (including persons delegated with the authority of the Minister pursuant to Article 104 (1)), a Mayor/Do Governor, a non-management authority, or a project developer pursuant to Article 87 (1) without good cause; |
| 14. | A person who enters any land without consent from its owner or occupant or without permission, in violation of Article 87 (2) or (3); |
15 A person who interferes with or hinders a project developer’s entry to public waters or temporary use thereof, in violation of the latter part of Article 87 (6); | 16. | A person who fails to submit a report or data or submits a false report or data; or a person who refuses to make any statement in response to inquiries without good cause, in violation of Article 102 (5). |
| (2) | Any person who enters any area subject to access control under Article 28 (2) shall be subject to an administrative fine not exceeding one million won. |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries or a Mayor/Do Governor: Provided, That in cases provided in paragraph (1) 7 and 8, administrative fines shall be imposed and collected by the Minister of Oceans and Fisheries. <Amended on Jan. 4, 2022> |
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Permission to Implement Harbor Development Projects)
The amended provisions of Article 9 (3) 5 and 6 shall begin to apply to applications for permission to implement a harbor development project filed under the main clause of Article 9 (2) after this Act enters into force. Article 3 (Applicability to Reporting on Amendment to Implementation Plans for Harbor Development Projects)
The amended provisions of the proviso of Article 10 (2) shall begin to apply to implementation plans for harbor development projects amended after this Act enters into force. Article 4 (Applicability to Period for Commencement of Harbor Development Projects Implemented by Non-Management Authorities)
Part of the amended provisions of the main clause of Article 11 concerning the period of commencement of harbor development projects implemented by non-management authorities shall begin to apply to implementation plans for harbor development projects approved or reported pursuant to Article 10 (2) or (5) after this Act enters into force. Article 5 (Applicability to Request for Sale of Land)
The amended provisions of Articles 16 and 61 shall begin to apply to completion certificates issued pursuant to Article 12 (3) or 58 (2) after this Act enters into force. Article 6 (Applicability to Prohibition of Use of Non-Vested Land and Harbor Facilities for Other Than Their Original Purposes)
The amended provisions of Article 17 shall begin to apply to completion certificates issued pursuant to Article 12 (3) after this Act enters into force. Article 7 (Applicability to Restrictions on Transfer of Non-Vested Land and Harbor Facilities)
The amended provisions of Article 19 shall begin to apply to applications for permission to implement a harbor development project filed under the main clause of Article 9 (2) after this Act enters into force. Article 8 (Applicability to Occupancy Contracts)
The amended provisions of Articles 71 through 73 shall begin to apply to persons who move into a Class 1 harbor hinterland complex after this Act enters into force. Article 9 (Applicability to Restrictions on Disposal of Land or Factories)
The amended provisions of Article 74 shall begin to apply to persons who have acquired, by sale in lots or by transfer, any land in a Class 1 harbor hinterland complex after this Act enters into force. Article 10 (Applicability to Use of Land or Factories Acquired by Auction)
The amended provisions of Article 75 shall begin to apply to persons who have acquired any land, factory, etc. by auction after this Act enters into force. Article 11 (Applicability to Authorization for Transfer of Rights or Obligations)
The amended provisions of Article 101 (2) shall begin to apply to rights or obligations transferred under the amended provisions of the main clause of Article 101 (1) after this Act enters into force. Article 12 (General Transitional Measures concerning Dispositions)
Acts performed by or toward administrative agencies pursuant to the previous Harbor Act as at the time this Act enters into force shall be deemed acts performed by or toward administrative agencies pursuant to this Act which correspond thereto. Article 13 (Transitional Measures concerning Administrative Dispositions)
For purposes of applying administrative disposition to any offense committed before this Act enters into force, the previous Harbor Act shall apply. Article 14 (Transitional Measures concerning Regional Harbor Policy Councils)
A regional harbor policy council organized and operated pursuant to the previous Harbor Act as at the time this Act enters into force shall be deemed a regional harbor council established under the amended provisions of Article 4 (3). Article 15 (Transitional Measures concerning Permission to Implement Harbor Projects)
Permission to implement a harbor project or an application for such permission granted or filed under the previous Harbor Act as at the time this Act enters into force shall be deemed permission to implement a harbor development project or an application for such permission granted or filed under the amended provisions of Article 9 (2). Article 16 (Transitional Measures concerning Commercial Port Districts)
A commercial port district set under the previous Harbor Act as at the time this Act enters into force shall be deemed a commercial port district set under the amended provisions of subparagraph 1 of Article 21. Article 17 (Transitional Measures concerning Regular Inspections, Precise Inspections, and Emergency Inspections)
Regular inspections, precise inspections, and emergency inspections previously or currently conducted pursuant to the previous Harbor Act as at the time this Act enters into force shall be deemed regular safety inspections, full safety inspections, and emergency safety inspections referred to in Article 38 (1) 2. Article 18 (Transitional Measures concerning Harbor Association)
The Harbor Association incorporated under the previous Harbor Act as at the time this Act enters into force shall be deemed the Korea Ports and Harbors Association incorporated under the amended provisions of Article 102. Article 19 Omitted.
Article 20 (Relationship to Other Statutes and Regulations)
Any citation of the previous Harbor Act, or of any provisions thereof, in any other statute or regulation as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Preliminary Measures to Devolve Affairs)
| (1) | The heads of relevant central administrative agencies shall take measures necessary to support human resources and finance required for the integrated devolution of centralized administrative power and affairs to local governments under this Act and submit a report thereon to the competent Standing Committee of the National Assembly three months before the enforcement date specified in this Act. |
Article 3 (General Transitional Measures concerning Administrative Dispositions)
Dispositions or other acts made or performed by administrative agencies under the previous provisions as at the time this Act enters into force shall be deemed dispositions or other acts made or performed by administrative agencies under this Act; and applications, reports, or other acts filed or performed toward administrative agencies under the previous provisions shall be deemed applications, reports, or other acts filed or performed toward administrative agencies under this Act.
Article 4 Omitted.
ADDENDA <Act No. 17171, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 17620, Dec. 8, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18701, Jan. 4, 2022>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 2 shall enter into force on the date of its promulgation.