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ACT ON THE MANAGEMENT AND UTILIZATION OF MARINE HEALING RESOURCES

Act No. 17064, Feb. 18, 2020

Amended by Act No. 17171, Mar. 31, 2020

Act No. 18703, Jan. 4, 2022

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to improving the health and welfare of the people and developing the national economy through such activities as providing marine healing services to them and facilitating relevant industries, by prescribing matters necessary for systematically managing marine healing resources and facilitating the utilization thereof.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term "marine healing" means any activity to enhance the health of the people using marine healing resources, such as activities to improve constitution, activities to strengthen immunity, and anti-aging activities;
2. The term "marine healing resource" means any marine resource that can be utilized for marine healing, such as mud flats, salt, deep sea water, algae, marine landscape, and marine climate;
3. The term "marine healing facility" means a facility and its appurtenant facilities continuously utilized for marine healing in the sea, coasts, etc.;
4. The term "marine healing district" means a district with marine healing resources, which is designated pursuant to Article 9 to effectively provide marine healing services to the people;
5. The term "marine healing service" means a service provided based on marine healing resources and marine healing facilities.
 Article 3 (Responsibilities of the State and Local Governments)
(1) The State and local governments shall formulate and implement necessary policies to ensure that all the people can enjoy the benefits of marine healing by promoting marine healing services, etc.
(2) The State and local governments shall devise measures necessary to expand marine healing services for low-income earners, such as recipients defined in subparagraph 2 of Article 2 of the National Basic Living Security Act.
 Article 4 (Relationship to Other Statutes)
(1) Except as otherwise provided in other statutes, the management and utilization of marine healing resources shall be governed by this Act.
(2) Other statutes relating to the management and utilization of marine healing resources shall be enacted or amended in compliance with the purpose and basic principles of this Act.
CHAPTER II FORMULATION OF MASTER PLANS
 Article 5 (Formulation and Implementation of Master Plans to Manage and Utilize Marine Healing Resources)
(1) To facilitate the systematic management and utilization of marine healing resources, the Minister of Oceans and Fisheries shall formulate and implement a master plan to manage and utilize marine healing resources (hereinafter referred to as "master plan") every five years, subject to deliberation by the Maritime Affairs and Fisheries Development Committee established under Article 7 of the Framework Act on Marine Fishery Development (hereinafter referred to as the "Committee").
(2) A master plan shall include the following matters:
1. Objectives of, and direction-setting for, policies to manage and utilize marine healing resources;
2. Conditions of and prospects for marine healing resources;
3. Surveys and research on, and conservation and utilization of, marine healing resources;
4. Designation of marine healing districts and modification of the designation;
5. Promotion and provision of marine healing services;
6. Development of institutions and organizations related to marine healing;
7. Any other matters concerning the management and utilization of marine healing resources.
(3) The Minister of Oceans and Fisheries may amend a master plan if it is necessary to amend the plan due to changes, etc. in the conditions of marine healing resources.
(4) To formulate or amend a master plan pursuant to paragraph (1) or (3), the Minister of Oceans and Fisheries shall pre-consult with the heads of relevant central administrative agencies: Provided, That this shall not apply to any modification to minor matters prescribed by Presidential Decree.
(5) Upon receipt of a request for consultation under the main clause of paragraph (4), the heads of relevant central administrative agencies shall give their opinions within 30 days after receipt thereof, unless there is a compelling reason not to do so.
(6) If necessary to formulate or amend a master plan, the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, and the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") to submit data. In such cases, the heads of the central administrative agencies and the Mayors/Do Governors shall comply with such request, unless there is a compelling reason not to do so.
(7) Upon formulating or amending a master plan under paragraph (1) or (3), the Minister of Oceans and Fisheries shall publicly notify such fact in the Official Gazette and notify the heads of relevant central administrative agencies and the Mayors/Do Governors thereof, without delay.
(8) The heads of relevant central administrative agencies and the Mayors/Do Governors in receipt of notice of a master plan under paragraph (7) shall take measures necessary for implementing the plan.
(9) Matters necessary for formulating, implementing, and amending a master plan under paragraphs (1) and (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 6 (Formulation of Regional Plans)
(1) A Mayor/Do Governor may formulate or amend a regional plan to manage and utilize marine healing resources (hereinafter referred to as "regional plan") based on the local conditions.
(2) When formulating or amending a regional plan, a Mayor/Do Governor shall make the plan conform to the relevant master plan, and take measures necessary for implementing the regional plan.
(3) Where a Mayor/Do Governor formulates or amends a regional plan, he or she shall hold a prior public hearing to hear opinions of relevant local residents.
(4) The Minister of Oceans and Fisheries may evaluate a performance record of each regional plan and may differentiate support for local governments based on results of the evaluation.
(5) Matters necessary for formulating and amending a regional plan and evaluating a performance record, and other necessary matters shall be prescribed by Presidential Decree.
 Article 7 (Surveys on Marine Healing Resources)
(1) The Minister of Oceans and Fisheries shall conduct a basic survey on the status and utilization conditions of marine healing resources every five years to collect data, etc. to effectively manage such resources.
(2) The Minister of Oceans and Fisheries or a Mayor/Do Governor may occasionally conduct a survey, if an urgent survey is required to formulate or implement a master plan or regional plan or designate a marine healing district under Article 9, or for any other purposes.
(3) The Minister of Oceans and Fisheries or a Mayor/Do Governor may entrust surveys referred to in paragraphs (1) and (2) to an institution or organization prescribed by Presidential Decree, if necessary to conduct efficient surveys.
(4) Where the Minister of Oceans and Fisheries conducts a survey under paragraph (1) or (2), he or she may request the heads of relevant administrative agencies to submit necessary data. In such cases, the heads of the relevant administrative agencies shall comply with such request, unless there is a compelling reason not to do so.
(5) The method and procedures for conducting a survey on marine healing resources under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 8 (Establishment and Operation of Marine Healing Resource Information System)
(1) The Minister of Oceans and Fisheries shall establish and operate a marine healing resource information system to systematically deliver information on marine healing resources to the people and efficiently formulate and implement policies necessary for promoting marine healing.
(2) The Minister of Oceans and Fisheries may request the heads of relevant administrative agencies to submit data necessary for establishing and operating a marine healing resource information system. In such cases, the heads of the relevant administrative agencies in receipt of such request shall comply therewith, unless there is a compelling reason not to do so.
(3) If deemed necessary to efficiently promote policies for marine healing resources, the Minister of Oceans and Fisheries may assign an institution prescribed by Presidential Decree to establish and operate a marine healing resource information system on his or her behalf.
(4) Matters necessary for establishing and operating a marine healing resource information system under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER III DESIGNATION OF MARINE HEALING DISTRICTS
 Article 9 (Designation, and Modification of Designation, of Marine Healing Districts)
(1) The Minister of Oceans and Fisheries may designate a marine healing district, considering the conditions of marine healing resources, etc., in any of the following cases: <Amended on Jan. 4, 2022>
1. Where the sustainable management and utilization of marine healing resources are deemed necessary;
2. Where the installation of marine healing facilities and provision of marine healing services are deemed necessary.
(2) To designate a marine healing district pursuant to paragraph (1), the Minister of Oceans and Fisheries shall consider the following matters:
1. The relevant district shall be beneficial to the public interests and thereby contribute to promoting regional development and the people’s health;
2. The relevant district shall have sufficient marine healing resources to contribute to enhancing human immunity and improving mental and physical health;
3. The size of the relevant district shall be appropriate, considering the characteristics, conditions, etc., of the relevant region;
4. Demand forecasting, investment plans, etc. for marine healing services shall be practicable;
5. The relevant district shall meet other requirements prescribed by Presidential Decree.
(3) To designate a marine healing district pursuant to paragraph (1), the Minister of Oceans and Fisheries shall consult with the heads of relevant central administrative agencies and hear opinions of the Mayor/Do Governor or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the relevant region. In such cases, the heads of the relevant central administrative agencies in receipt of a request for consultation shall present their opinions within 30 days after receipt thereof, unless there is a compelling reason not to do so.
(4) To designate a marine healing district pursuant to paragraph (1), the Minister of Oceans and Fisheries shall submit the case to the Committee for deliberation, and gather consensus from relevant local residents.
(5) Paragraphs (3) and (4) shall apply mutatis mutandis to modification of the designation of a marine healing district: Provided, That this shall not apply to any modification of minor matters prescribed by Presidential Decree.
(6) Matters necessary for designating a marine healing district, modifying its designation, and for gathering consensus from local residents under paragraphs (2) through (5) and other necessary matters shall be prescribed by Presidential Decree.
 Article 10 (Proposals for Designation, or Modification of Designation, of Marine Healing Districts)
(1) A Mayor/Do Governor or a project implementer referred to in Article 13 may propose to the Minister of Oceans and Fisheries the designation of a marine healing district or the modification of its designation: Provided, That where a private investor or a corporation specified in Article 13 (1) 4 or 5 solely makes such proposal, the investor or corporation shall do so via the Mayor/Do Governor having jurisdiction over the relevant region.
(2) A person that proposes the designation of a marine healing district or the modification of its designation pursuant to paragraph (1) shall submit a proposal, including relevant documents, to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 11 (Public Notice of Designation, and Modification of Designation, of Marine Healing Districts)
(1) Upon designating a marine healing district or modifying a designated marine healing district, the Minister of Oceans and Fisheries shall publicly notify the following matters in the Official Gazette:
1. The date of public notice;
2. The name, location, and area of the marine healing district;
3. Basic direction-setting for designating the marine healing district;
4. A topographic map on a scale of at least 1:25,000 indicating the marine healing district;
5. Any other matters prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries shall make the details of public notice under paragraph (1) available for public inspection for at least 14 days.
 Article 12 (Revocation of Designation of Marine Healing Districts)
(1) Where a marine healing district designated under Article 9 falls under any of the following cases, the Minister of Oceans and Fisheries may revoke its designation, subject to deliberation by the Committee:
1. Where no application for approval of a marine healing district development plan formulated under Article 14 is filed in the marine healing district within three years from the date the marine healing district is designated and publicly notified;
2. Where the objectives of designation of the marine healing district are deemed unattainable, considering the status of a marine healing district development project implemented in the marine healing district.
(2) Upon revoking the designation of a marine healing district under paragraph (1), the Minister of Oceans and Fisheries shall publicly notify the details thereof in the Official Gazette and notify the heads of relevant administrative agencies thereof, as prescribed by Presidential Decree.
(3) Where the designation of a marine healing district has been revoked under paragraph (1), the relevant land use plan, etc. shall be deemed returned to the state before the designation, and authorization, permission, etc. deemed granted under Article 18 shall be deemed revoked.
 Article 13 (Designation of Project Implementers)
(1) A person that implements a marine healing district development project (hereinafter referred to as "project implementer") shall be designated by the Minister of Oceans and Fisheries from among the following persons:
1. The State or a local government;
2. A public institution prescribed by Presidential Decree among public institutions designated under Article 4 of the Act on the Management of Public Institutions;
3. A local government-invested public corporation incorporated under the Local Public Enterprises Act;
4. A private investor meeting the qualifications prescribed by Presidential Decree, including capital;
5. A corporation incorporated to implement the marine healing district development project, in which the share of investment made by at least two of the persons specified in subparagraphs 1 through 4 exceeds 70/100.
(2) To designate a project implementer pursuant to paragraph (1), the Minister of Oceans and Fisheries shall consider the following matters:
1. Financial soundness and financing ability;
2. Experience in implementing similar projects, such as marine healing, marine recreation, and marine tourism;
3. Any other matters deemed necessary and publicly notified by the Minister of Oceans and Fisheries to seamlessly implement a marine healing district development project.
(3) Upon designating a project implementer under paragraphs (1) and (2), the Minister of Oceans and Fisheries shall publicly notify the details of the designation in the Official Gazette.
 Article 14 (Formulation of Marine Healing District Development Plans)
(1) Where a project implementer intends to develop a marine healing district, it shall formulate a marine healing district development plan (hereinafter referred to as "development plan"), including the results of a feasibility study conducted under Article 15, and obtain approval thereof from the Minister of Oceans and Fisheries; and the same shall also apply to any amendment to matters approved: Provided, That this shall not apply to any modification to minor matters prescribed by Presidential Decree.
(2) A development plan shall include the following matters:
1. The name, location, and area of the marine healing district;
2. The objectives and date of designation of the relevant marine healing district;
3. The implementer and method of developing the relevant marine healing district;
4. Direction-setting for, and objectives of, development of the relevant marine healing district;
5. A marine healing service promotion plan;
6. A financing plan and annual investment plan;
7. Any other matters prescribed by Presidential Decree.
(3) The Minister of Oceans and Fisheries shall comprehensively examine a development plan and grant approval thereto, subject to deliberation by the Committee.
(4) To approve a development plan or amendment thereto under paragraphs (1) and (3), the Minister of Oceans and Fisheries shall consult with the heads of relevant central administrative agencies. In such cases, the heads of the relevant central administrative agencies in receipt of a request for consultation shall present their opinions within 30 days after receipt thereof, unless there is a compelling reason not to do so.
(5) If necessary to approve a development plan or amendment thereto, the Minister of Oceans and Fisheries may request the relevant project implementer to supplement data, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(6) Upon approving a development plan or amendment thereto, the Minister of Oceans and Fisheries shall publicly notify such fact in the Official Gazette without delay.
(7) Any other matters necessary for formulating and approving a development plan and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 15 (Feasibility Studies on Development Plans)
(1) A project implementer shall apply for a survey on economic and social feasibility of a development plan (hereinafter referred to as "feasibility study") with a specialized institution prescribed by Presidential Decree.
(2) Upon receipt of an application under paragraph (1), a specialized institution shall conduct a feasibility study and notify the relevant project implementer of the outcomes of the study.
(3) Fees required for a feasibility study shall be paid by the project implementer, which has applied for the study, to the relevant specialized institution.
(4) The detailed standards, procedures, and method for conducting a feasibility study, method of calculating and paying fees, and other necessary matters shall be prescribed by Presidential Decree.
 Article 16 (Revocation of Approval of Development Plans)
(1) Where a development plan that has obtained approval or approval of amendment under Article 14 falls under any of the following cases, the Minister of Oceans and Fisheries may revoke such approval: Provided, That the Minister shall revoke such approval if the development plan falls under subparagraph 1:
1. Where the development plan obtains approval or approval of amendment by fraud or other improper means;
2. Where the project implementer fails to commence a marine healing district development project within two years from the date it obtains approval or approval of amendment, or suspends the project for at least one year without good cause;
3. Where the project implementer fails to implement the relevant project according to the development plan approved.
(2) The Minister of Oceans and Fisheries may issue a reinstatement order to a person subject to revocation of approval under paragraph (1), or recover all or part of the charges, etc. reduced or exempted under Article 21, if any.
(3) Where a person in receipt of a reinstatement order under paragraph (2) fails to comply with the order, the Minister of Oceans and Fisheries may perform vicarious execution by applying mutatis mutandis the Administrative Vicarious Execution Act.
 Article 17 (Approval of Implementation Plans)
(1) Before implementing a marine healing district development project, the relevant project implementer shall formulate an implementation plan, including each of the following matters, to obtain approval thereof from the Minister of Oceans and Fisheries; and the same shall also apply to amendment thereto: Provided, That this shall not apply to any modification to minor matters prescribed by Presidential Decree:
1. The name of the project implementer (referring to the name of the relevant corporation and the representative’s name if the project implementer is a corporation) and its address;
2. The name, objectives, location, and area of the relevant marine healing district, as well as the implementation period of the relevant development project;
3. A map on the location of an area subject to implementation of the project;
4. A floor plan as well as rough drawings and specifications;
5. A plan for use and disposal of developed land, etc.;
6. An annual funding plan and financing plan;
7. Any other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where the Minister of Oceans and Fisheries intends to grant approval under paragraph (1), he or she shall examine the following matters:
1. Whether the implementation plan fails to conform to the relevant development plan;
2. Whether the implementation plan is appropriate for the relevant development project;
3. Whether the implementation plan is appropriate for matters prescribed by Presidential Decree.
(3) Upon approval of an implementation plan, the Minister of Oceans and Fisheries shall publicly notify such fact in the Official Gazette and forward copies of relevant documents to the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu. In such cases, the Mayor/Do Governor and the head of the Si/Gun/Gu in receipt of the copies shall make them available for public inspection for at least 14 days.
 Article 18 (Authorization and Permission Deemed Granted)
(1) Where approval of an implementation plan or amendment thereto has been granted under Article 17, the following approval, permission, authorization, determination, report, consultation, cancellation, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted, made, filed, or held regarding the implementation plan or amendment thereto; and where an implementation plan has been publicly notified under Article 17 (3), public notice or public announcement of authorization, permission, etc. under relevant statutes shall be deemed given or made: <Amended on Mar. 31, 2020>
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;
2. Reporting on the commencement, alteration, or completion of a project under Article 86 (1) of the Act on the Establishment and Management of Spatial Data;
3. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act; consultation or approval under Article 10 of that Act; approval of, 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; public notice of a reclamation license under Article 33 of that Act; consultation on, or approval for, reclamation conducted by the State, etc. under Article 35 of that Act; or approval and public notice of an implementation plan for reclamation of public waters under Article 38 of that Act;
4. Abolition of the use of administrative property under Article 11 of the Public Property and Commodity Management Act; or permission to use or profit under Article 20 of that Act;
5. Designation of a tourist destination or tourism complex under Article 52 of the Tourism Promotion Act; approval of a development plan for a tourist destination or tourism complex under Article 54 of that Act; or permission to execute a development project under Article 55 of that Act;
6. Permission to use State property under Article 30 of the State Property Act; or abolition of the use of administrative property under Article 40 of that Act;
7. Determination of an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act (limited to facilities defined in subparagraph 6 of Article 2 of that Act); permission to engage in development activities under Article 56 of that Act; designation of an implementer of an urban or Gun planning facility project under Article 86 of that Act; or formulation of and authorization for an implementation plan under Article 88 of that Act;
8. Change or cancellation of an agricultural promotion area under Article 31 of the Farmland Act; or permission to divert farmland or consultation under Article 34 of that Act;
9. Permission to install emission facilities or reporting on such facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, or Article 8 of the Noise and Vibration Control Act;
10. Permission to perform road works under Article 36 of the Road Act; permission to occupy and use roads under Article 61 of that Act; or consultation with, or approval from, the competent road management authority under Article 107 of that Act;
11. Designation of an implementer under Article 11 of the Urban Development Act; formulation of, and authorization for, an implementation plan under Article 17 of that Act; submission of a supply plan for developed land, etc. under Article 26 of that Act; permission to use developed land, etc. prior to completion under Article 53 of that Act; or permission to enter a third person’s land under Article 64 (2) of that Act;
12. Permission for a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions;
13. Building permit for a private road under Article 4 of the Private Road Act;
14. Permission to fell trees, etc. under Article 14 of the Erosion Control Work Act; or cancellation of the designation of land for erosion control under Article 20 of that Act;
15. Permission to fell standing timber, etc. or reporting on timber felling, etc. under Article 36 (1) or (4) of the Creation and Management of Forest Resources Act; permission to perform, or reporting on, activities in a forest conservation zone referred to in Article 9 (2) 1 or 2 of the Forest Protection Act; or cancellation of designation of a forest conservation zone under Article 11 (1) 1 of that Act: Provided, That this shall not apply to forests for collecting seeds and experimental forests prescribed in the Creation and Management of Forest Resources Act and forest genetic resources protection zones designated under the Forest Protection Act;
16. Permission to convert a mountainous district under Article 14 of the Mountainous Districts Management Act; reporting on conversion of a mountainous district under Article 15 of that Act; or permission for, or reporting on, temporary use of a mountainous district under Article 15-2 of that Act;
17. Formulation and approval of a comprehensive plan for maintaining small rivers under Article 6 of the Small River Maintenance Act; formulation of an action plan for maintaining small rivers under Article 8 of that Act; permission to maintain a small river, etc. under Article 10 of that Act; or permission for, or reporting on, occupancy, use, etc. of a small river, etc. under Article 14 of that Act;
18. Authorization for a waterworks business under Article 17 or 49 of the Water Supply and Waterworks Installation Act; or authorization for the installation of private-use waterworks under Article 52 of that Act;
19. Permission to implement a fishery harbor development project under Article 23 of the Fishing Villages and Fishery Harbors Act;
20. Consultation on energy use plans under Article 10 of the Energy Use Rationalization Act;
21. Revision or revocation of designation of a forestry promotion zone under Article 20 of the Forestry and Mountain Villages Development Promotion Act;
22. Permission to perform acts under Article 23 of the Natural Parks Act;
23. Consultation on disaster impact assessment for a development project under Article 4 of the Countermeasures against Natural Disasters Act;
24. Permission for reburial under Article 27 (1) of the Act on Funeral Services;
25. Authorization for, or reporting on, a plan for works for establishing electric installations for private use under Article 8 of the Electrical Safety Management Act;
26. Permission to alter the form and quality of land, etc. under Article 21-2 of the Grassland Act; or permission to convert the use of grassland under Article 23 of that Act;
27. Approval for, or reporting on, the installation of waste treatment facilities under Article 29 of the Wastes Control Act;
28. Permission to perform public sewerage system works under Article 16 of the Sewerage Act; or permission to occupy and use a public sewerage system under Article 24 of that Act;
29. Permission to implement a harbor development project under Article 9 (2) of the Harbor Act; or approval of an implementation plan for a harbor development project under Article 10 (2) of that Act;
30. Authorization for an implementation plan under Article 16 of the Development and Management of Deep Sea Water Act; or permission for, or reporting on, manufacturing deep sea drinking water under Article 27 of that Act.
(2) A person who intends to obtain constructive authorization, permission, etc. shall submit relevant documents prescribed by the relevant statute when applying for approval of an implementation plan.
(3) Where the Minister of Oceans and Fisheries intends to approve an implementation plan containing matters specified in the subparagraphs of paragraph (1), he or she shall pre-consult with the heads of relevant administrative agencies on such plan, including relevant documents submitted by the relevant project implementer. In such cases, the heads of the relevant administrative agencies shall present their opinions within 30 days after receipt of a request for consultation, unless there is a compelling reason not to do so.
(4) Where authorization, permission, etc. under other statutes are deemed obtained under paragraph (1), an exemption from license tax, fees, usage fees, etc. imposed under relevant statues and regulations shall be granted.
 Article 19 (Support for Marine Healing Districts)
(1) The State and local governments may provide the following support to revitalize marine healing districts:
1. Installing and operating joint-use facilities for manufacturing, sales, experience, etc. using marine healing resources;
2. Joint research and development as well as quality control of marine healing resources and marine healing services;
3. Joint marketing, publicity, and securing markets for marine healing services;
4. Any other matters deemed necessary to revitalize marine healing districts.
(2) The method and procedures for supporting marine healing districts and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 20 (Preferential Installation of Public Facilities)
The State, a local government, or a project implementer may preferentially install public facilities, such as roads, electric facilities, waterworks, and sewerage systems, in relation to a marine healing district development project and operation of the project.
 Article 21 (Reduction of and Exemption from Charges)
Any of the following charges imposed on a marine healing district development project may be reduced, exempted, or not imposed pursuant to relevant statutes and regulations:
1. Development charges imposed under the Restitution of Development Gains Act;
2. Farmland preservation charges imposed under the Farmland Act;
3. Costs incurred in creating substitute grassland imposed under the Grassland Act;
4. Occupancy or usage fees imposed under the Public Waters Management and Reclamation Act;
5. Fishery resources formation levies imposed under the Fishery Resources Management Act.
CHAPTER IV ESTABLISHMENT OF FOUNDATION FOR USING MARINE HEALING RESOURCES
 Article 22 (Establishment and Designation of Marine Healing Management Bodies)
(1) To promote marine healing, the Minister of Oceans and Fisheries may establish an institution, which conducts research and development, trains human resources, and distributes marine healing services, etc. (hereinafter referred to as "marine healing management body"), or designate an institution or organization prescribed by Presidential Decree as a marine healing management body.
(2) A marine healing management body shall perform the following activities:
1. Surveys and management of marine healing resources;
2. Research, development, and joint research related to marine healing resources;
3. Demand surveys and distribution of marine healing services;
4. Activities to support coastal and fishing village residents related to marine healing;
5. Business start-up related to marine healing and management support;
6. Any other activities prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are necessary for promoting marine healing services and the utilization of marine healing.
(3) The Minister of Oceans and Fisheries may subsidize, within budgetary limits, expenses incurred in performing activities under paragraph (2) for an institution or organization established or designated as a marine healing management body.
(4) The standards for establishing and designating a marine healing management body, the operation thereof, and other necessary matters shall be prescribed by Presidential Decree.
 Article 23 (Revocation of Establishment or Designation of Marine Healing Management Bodies)
Where a marine healing management body established or designated pursuant to Article 22 (1) falls under any of the following cases, the Minister of Oceans and Fisheries may revoke its establishment or designation or issue a corrective order: Provided, that the Minister shall revoke its establishment or designation if it falls under subparagraph 1:
1. Where it is established or designated by fraud or other improper means;
2. Where it fails to commence activities specified in the subparagraphs of Article 22 (2) continuously for at least one year without good cause;
3. Where it ceases to meet the standards for establishment or designation referred to in Article 22 (4);
4. Where it fails to comply with an order or inspection issued or conducted under Article 31 without good cause.
 Article 24 (Development, Dissemination, and Certification of Marine Healing Programs)
(1) The Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu may develop and disseminate marine healing programs to effectively implement marine healing.
(2) A person who intends to operate, develop, or disseminate a marine healing program may apply for certification of the marine healing program with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That no person, who has violated paragraph (5) or for whom certification has been revoked pursuant to Article 25, shall apply for such certification for three years from the date he or she receives a disposition of an administrative fine or certification is revoked.
(3) Where a marine healing program subject to application under paragraph (2) meets the standards for certification prescribed by Ordinance of the Ministry of Oceans and Fisheries, the Minister of Oceans and Fisheries shall certify the program, subject to deliberation by the Committee.
(4) A person who has obtained certification under paragraph (3) may place a certification mark on the relevant marine healing program, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(5) No person shall place a certification mark referred to in paragraph (4) or any other similar mark on a marine healing program, if such program is not certified under paragraph (3).
(6) The term of validity of certification referred to in paragraph (3) shall be three years from the date certification is obtained.
(7) The method of placing a certification mark, procedures for applying for certification, standards for certification, and other matters necessary for certification shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 25 (Revocation of Certification of Marine Healing Programs)
(1) Where a marine healing program certified under Article 24 (3) has obtained certification by fraud or other improper means, the Minister of Oceans and Fisheries shall revoke such certification.
(2) Where a marine healing program certified under Article 24 (3) ceases to meet the standards for certification referred to in Article 24 (7), the Minister of Oceans and Fisheries may revoke certification of the program.
 Article 26 (Support for Revitalization of Marine Healing Industry)
To revitalize the marine healing industry, the State and local governments may promote the following activities or support and develop institutions or organizations engaging in relevant activities:
1. Research and development of technology necessary for surveys and conservation of marine healing resources;
2. Research and development of technology to utilize marine healing resources in the relevant industry;
3. Support for small and medium enterprises and startups related to marine healing;
4. Joint research on marine healing between domestic and foreign institutions;
5. Any other activities prescribed by Presidential Decree to revitalize the marine healing industry.
 Article 27 (Training Specialists)
(1) The State and local governments may formulate and implement policies necessary to train specialists who are required for facilitating the management and utilization of marine healing resources.
(2) To train specialists under paragraph (1), the State and local governments may designate an institution prescribed by Presidential Decree as a training institution for specialists to conduct necessary education and training.
(3) The State and local governments may fully or partially subsidize expenses incurred in conducting education and training for a training institution for specialists designated under paragraph (2), as prescribed by Presidential Decree.
(4) Where a training institution for specialists ceases to meet the requirements for designation, the State or the competent local government may revoke its designation.
(5) Matters necessary for the standards for designating, or revoking the designation of, a training institution for specialists shall be prescribed by Presidential Decree.
 Article 28 (Provision of Marine Healing Services)
(1) The Minister of Oceans and Fisheries shall endeavor to seamlessly provide marine healing services to the people.
(2) The Minister of Oceans and Fisheries may assist in providing marine healing services preferentially to coastal and fishing village residents.
(3) Matters necessary for providing marine healing services, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 29 (Preparation and Distribution of Statistics)
(1) To promptly collect and analyze information necessary for managing and utilizing marine healing resources, the Minister of Oceans and Fisheries shall prepare and distribute statistics on the status of marine healing resources and facilities, the actual conditions of marine healing services, etc.
(2) To prepare statistics under paragraph (1), the Minister of Oceans and Fisheries may request the heads of relevant administrative agencies to submit necessary data. In such cases, the heads of the relevant administrative agencies shall comply with such request, unless there is a compelling reason not to do so.
(3) The details of statistics on marine healing referred to in paragraph (1), methods of submitting and preparing data, and other necessary matters shall be prescribed by Presidential Decree.
 Article 30 (Support Projects for Coastal and Fishing Village Residents)
(1) A person who develops and operates a marine healing facility within a marine healing district may implement a support project to improve the living environment and enhance welfare, etc. of fishery business personnel defined in subparagraph 3 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development and residents in a fishing village defined in subparagraph 6 of Article 3 of that Act, in an Eup/Myeon/Dong where such facility is located.
(2) A person who develops and operates a marine healing facility may preferentially employ migrants related to project implementation and residents in an area where such facility is located.
(3) The types of, and procedures and methods for implementing, resident support projects and preferential employment under paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 31 (Reporting and Inspections)
(1) The Minister of Oceans and Fisheries may require a marine healing management body to report on its affairs or to submit relevant documents or issue any other necessary order, or may have public officials under his or her management make inquiries to relevant persons or inspect relevant accounting records, documents, etc.
(2) The head of a marine healing management body and its workers shall comply with an order or inspection issued or conducted under paragraph (1), in the absence of good cause.
(3) A public official conducting an inspection under paragraph (1) shall carry an identification certificate indicating his or her authority and present it to relevant persons.
 Article 32 (Hearings)
The Minister of Oceans and Fisheries shall hold a hearing if he or she intends to make any of the following dispositions:
1. Revoking the designation of a marine healing district under Article 12;
2. Revoking approval of a development plan under Article 16;
3. Revoking the establishment or designation of a marine healing management body under Article 23;
4. Revoking certification of a marine healing program under Article 25.
 Article 33 (Delegation and Entrustment of Authority or Duties)
(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, a Mayor/Do Governor, or the head of a Si/Gun/Gu in accordance with Presidential Decree.
(2) Part of the duties of the Minister of Oceans and Fisheries under this Act may be entrusted to a relevant institution or organization in accordance with Presidential Decree.
 Article 34 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions)
The executive officers and employees of an institution or organization performing the duties entrusted by the Minister of Oceans and Fisheries under Article 33 (2) shall be deemed public officials for purposes of applying penalty provisions pursuant to Articles 129 through 132 of the Criminal Act. <Amended on Jan. 4, 2022>
 Article 34-2 (Prohibition of Divulgence of Confidential Information)
No current or former executive officer or employee of an institution or organization engaged in duties entrusted by the Minister of Oceans and Fisheries under Article 33 (2) shall divulge or misappropriate any confidential information acquired in the course of performing his or her duties.
[This Article Newly Inserted on Jan. 4, 2022]
CHAPTER VI PENALTY PROVISIONS
 Article 35 (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 Jan. 4, 2022>
1. A person who implements a marine healing district development project after obtaining approval of an implementation plan or approval of amendment thereto under Article 17 by fraud or other improper means;
2. A person who implements a marine healing district development project without approval of an implementation plan or approval of amendment thereto under Article 17.
3. A person who divulges or misappropriates any confidential information acquired in the course of performing his or her duties, in violation of Article 34-2.
 Article 36 (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 Article 35 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 37 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won:
1. A person designated as a marine healing management body under Article 22 (1) by fraud or other improper means;
2. A person who fails to comply with a corrective order issued under Article 23.
(2) A person who fails to comply with an order or inspection issued or conducted under Article 31 without any justifiable grounds shall be subject to an administrative fine not exceeding three million won.
(3) A person who places a certification mark or any other similar mark on a marine healing program not certified, in violation of Article 24 (5), shall be subject to an administrative fine not exceeding one million won.
(4) Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
ADDENDUM <Act No. 17064, Feb. 18, 2020>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 17171, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 18703, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Application of Penalty Provisions to Divulgence of Confidential Information Acquired in Course of Performing Duties)
The previous provisions shall apply to the application of penalty provisions for acts committed before this Act enters into force.