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MANAGEMENT OF MARINE GARBAGE AND CONTAMINATED MARINE SEDIMENT ACT

Act No. 16699, Dec. 3, 2019

Amended by Act No. 17110, Mar. 24, 2020

Act No. 18065, Apr. 13, 2021

Act No. 18539, Nov. 30, 2021

Act No. 18960, jun. 10, 2022

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the conservation of the marine environment and the improvement of citizens’ quality of life by prescribing matters necessary for environmentally friendly and systematic management of marine garbage and contaminated marine sediments.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term “garbage” means garbage defined in subparagraph 4 of Article 2 of the Marine Environment Management Act;
2. The term “discharge” means discharge defined in subparagraph 3 of Article 2 of the Marine Environment Management Act;
3. The term “sea” means sea defined in subparagraph 1 of Article 3 of the Framework Act on Marine Fishery Development;
4. The term “seashore” means space between a coastline referred to in Article 6 (1) 4 of the Act on the Establishment and Management of Spatial Data and an area registered on the cadastral record;
5. The term “marine garbage” means garbage that is released, dumped, or abandoned in the sea or along the seashore;
6. The term “contaminated marine sediment” means material deposited in the sea, which contains any substance that exceeds the marine environmental standards pursuant to Article 13 of the Act on Conservation and Utilization of the Marine Environment, or which adversely affects human health as well as property, living environment, or natural environment;
7. The term “sea area management authority” means a sea area management authority pursuant to subparagraph 8 of Article 2 of the Act on Conservation and Utilization of the Marine Environment.
 Article 3 (Scope of Application)
(1) This Act shall apply to the management of marine garbage and contaminated marine sediments in the following sea areas and water zones (including the seashore in regard to collection of coastal garbage under Article 12; hereinafter the same shall apply):
1. Territorial sea and internal waters provided for in the Territorial Sea and Contiguous Zone Act and sea areas prescribed by Presidential Decree;
(2) Except as provided in this Act, the disposal of marine garbage and contaminated marine sediments in the sea areas and water zones referred to in each of the subparagraphs of paragraph (1) shall be governed by the Wastes Control Act, the Water Environment Conservation Act, the Sewerage Act, and the Act on the Management and Use of Livestock Excreta.
(3) The disposal of marine garbage and contaminated marine sediments outside the sea areas and water zones referred to in each of the subparagraphs of paragraph (1) shall be governed by the Wastes Control Act.
 Article 4 (Responsibilities of the State)
(1) The State and local governments shall formulate and implement policies necessary to prevent the generation of marine garbage and contaminated marine sediments and to manage them in an environment-friendly way.
(2) The people shall actively cooperate with the policies of the State and local governments for the management of marine garbage and contaminated marine sediments.
 Article 5 (Formulation of Master Plan for Managing Marine Garbage and Contaminated Marine Sediments)
(1) In order to appropriately manage marine garbage and contaminated marine sediments, the Minister of Oceans and Fisheries shall formulate and implement a master plan for managing marine garbage and contaminated marine sediments (hereinafter referred to as “master plan”), every 10 years, after consulting with the heads of relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, and Special Self-Governing Province Governor (hereinafter referred to as the “Mayors/Do Governors”): Provided, That he or she may review the feasibility of the master plan and revise it accordingly after five years have passed since formulation of the master plan.
(2) A master plan shall include the following: <Amended on Jun. 10, 2022>
1. Matters concerning direction-setting of policies for managing marine garbage and contaminated marine sediments;
2. Matters concerning investigations into the current status of marine garbage and contaminated marine sediments, the disposal thereof, such as collection and detoxification, and public-private cooperation necessary therefor;
3. Matters concerning the prevention of garbage inflow from rivers and small rivers to the sea;
4. Matters concerning the prevention and reduction of marine garbage and contaminated marine sediments, and public relations and the improvement of citizens' awareness necessary therefor;
5. Matters concerning the improvement, restoration, and follow-up management of the marine environment contaminated by marine garbage and contaminated marine sediments;
6. Matters concerning securing financial resources for the management of marine garbage and contaminated marine sediments;
7. Recycling of marine garbage and contaminated marine sediments (referring to recycling defined in subparagraph 7 of Article 2 of the Wastes Control Act);
8. Other matters necessary for the management of marine garbage and contaminated marine sediments.
(3) Each sea area management authority shall formulate and implement an annual implementation plan for the master plan (hereinafter referred to as “implementation plan”), taking into consideration the characteristics of the sea areas and water zones under its jurisdiction.
(4) The Minister of Oceans and Fisheries shall submit a master plan formulated or revised under paragraph (1) to the competent standing committee of the National Assembly.
(5) Matters necessary for the formulation and implementation of the master plans and implementation plans shall be prescribed by Presidential Decree.
 Article 5-2 (Marine Garbage Management Committee)
(1) The marine garbage management committee (hereinafter referred to as the "committee") shall be established under the Ministry of Oceans and Fisheries to deliberate on and coordinate matters regarding the management of marine garbage.
(2) The committee shall deliberate on and coordinate the following matters:
1. Matters regarding important policies on the management of marine garbage;
2. Matters regarding the coordination of and cooperation in policies related to the management of marine garbage of the relevant central administrative agencies and local governments, the resolution of conflicts, and the provision of support;
3. Matters regarding the improvement of statutes, regulations, policies, and systems related to marine garbage;
4. Matters regarding inspection and evaluation of the results of formulation, implementation, and promotion of master plans;
5. Matters regarding international cooperation and response for the management of marine garbage;
6. Other matters deemed necessary by the chairperson for the management of marine garbage.
(3) The Minister of Oceans and Fisheries shall serve as the chairperson of the committee, and the members thereof shall be the following persons:
1. Persons prescribed by Presidential Decree from among public officials at the rank of Vice Minister in the central administrative agencies and the heads of public institutions under Article 4 of the Act on the Management of Public Institutions;
2. Persons commissioned by the Minister of Oceans and Fisheries from among persons with extensive expertise and experience in marine garbage.
(4) For the efficient operation of the committee, it shall have one executive secretary who shall be a public official designated by the Minister of Oceans and Fisheries.
(5) The term of committee members commissioned pursuant to paragraph (3) 2 shall hold office for a term of three years and may be appointed consecutively for further terms.
(6) A working committee may be established to efficiently provide support for the affairs of the committee.
(7) The organization, operation, and method of deliberation of the committee, the organization and operation of a working committee, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 13, 2021]
 Article 6 (Fact-Finding Surveys)
(1) Each sea area management authority may conduct a fact-finding survey on the status of marine garbage and contaminated marine sediments in order to perform the following:
1. Efficient formulation and implementation of a master plan and its implementation plan;
2. Collection of marine garbage under Articles 12 through 14;
3. Detoxification of contaminated marine sediments under Article 16.
(2) A fact-finding survey under paragraph (1) may be conducted through entrustment to the marine garbage investigation institution under Article 25 (1) 1 or the contaminated marine sediment investigation institution under subparagraph 2 of that paragraph.
(3) Matters relating to the scope and methods of the fact-finding surveys under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER II MANAGEMENT OF MARINE GARBAGE AND POLLUTED MARINE SEDIMENTS
 Article 7 (Prohibition of Discharge of Garbage into Sea)
(1) No one shall discharge any garbage into the sea.
(2) Notwithstanding paragraph (1), garbage prescribed by Presidential Decree that do not affect the conservation and management of the marine environment may be discharged into the sea in compliance with the standards and methods of disposal prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, such garbage shall be discharged into the sea areas prescribed by Presidential Decree.
(3) The Minister of Oceans and Fisheries may inspect in advance whether garbage meets the standards for discharge into the sea under paragraph (2), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the Minister of Oceans and Fisheries may have an institution determined by Ordinance of the Ministry of Oceans and Fisheries perform the inspection affairs on his or her behalf.
(4) Any person who intends to discharge garbage into the sea under paragraph (2) shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply where he or she intends to alter any important matter prescribed by Ordinance of the Ministry of Oceans and Fisheries among the reported matters.
(5) Any person who intends to file a report pursuant to paragraph (4) shall submit to the Minister of Oceans and Fisheries the data prescribed by Ordinance of the Ministry of Oceans and Fisheries, including the results of measuring the ingredients, concentration, weight and volume of garbage, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, he or she may have the marine discharge inspection institution referred to in Article 25 (1) 3 perform the work of measuring the ingredients, concentration, weight, and volume of garbage on his or her behalf.
(6) A person who intends to discharge garbage into the sea after filing a report pursuant to paragraph (4) (hereinafter referred to as “discharger of garbage into the sea”) may entrust the discharge of such garbage to an entity that has registered the business of discharging garbage into the sea under Article 19 (1) 1.
(7) When a discharger of garbage into the sea transfers his or her business or dies, or when a corporate discharger of garbage into the sea merges, the transferee or successor of the business, or the corporation surviving the merger or newly established as a consequence of the merger shall succeed to the rights and obligations regarding the discharge of garbage into the sea. In such cases, the person who succeeds to the rights and obligations shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, within one month from the date of succeeding to the rights and obligations.
 Article 8 (Discharge of Garbage into Sea Following Natural Disasters)
(1) Notwithstanding Article 7 (1), garbage may be discharged into the sea in extenuating circumstances, such as natural disasters or accidents. In such cases, all the following requirements shall be met:
1. The garbage is likely to cause serious danger to a person’s life, body or property if not discharged into the sea;
2. Discharging the garbage into the sea is the only way to prevent the danger under subparagraph 1;
3. It is certain that the garbage causes less damage when discharged into the sea.
(2) Any person who discharges garbage into the sea under paragraph (1) shall report the fact immediately to the competent sea area management authority, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Upon receipt of a report on the discharge of garbage into the sea pursuant to paragraph (2), the sea area management authority may order the discharger of the garbage to investigate the environmental conditions of the relevant sea area and to collect and detoxify marine garbage.
 Article 9 (Reclamation of Garbage)
(1) Notwithstanding Article 7 (1), garbage prescribed by Presidential Decree may be discharged by any of the following methods:
1. Reclaiming garbage in accordance with Article 28 of the Public Waters Management and Reclamation Act and Article 35 of that Act;
2. Insulating garbage by putting it on a depression ground in the ocean bottom and covering it with uncontaminated material.
(2) Any person who intends to discharge garbage into the sea in the manner of insulating it in accordance with paragraph (1) 2 shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
(3) Matters concerning the methods, standards and procedures for reclamation and insulation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 10 (Storage and Management of Carbon Dioxide Streams in Marine Geological Structures)
(1) Notwithstanding Article 7 (1), the carbon dioxide streams prescribed by Presidential Decree (referring to carbon dioxide liquefied under high pressure through the process of capture from a plant, etc. which generates large quantities of carbon dioxide; hereinafter the same shall apply) may be stored in ocean-floor sediments (hereinafter referred to as “storage in marine geological structures”) by the method prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Any person who intends to store carbon dioxide streams in a marine geological structure under paragraph (1) shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
(3) The Minister of Oceans and Fisheries shall determine a marine geological structure suitable for the storage of carbon dioxide streams in consideration of geological characteristics, and provide public notice of it.
(4) Other matters necessary for the storage and management of carbon dioxide streams in marine geological structures shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 11 (Measures to Block Inflow of Garbage into Sea)
(1) The head of the central administrative agency and the Mayor/Do Governor (hereinafter referred to as “head of the central administrative agency, etc.”) who manages a river adjoining the sea shall take necessary measures, such as installation of facility preventing leakage, to prevent the garbage from flowing from the river into the sea.
(2) The Minister of Oceans and Fisheries may request necessary measures, such as installation of an outflow prevention facility, from the head of the central administrative agency, etc. who fails to take the measures under paragraph (1). In such cases, the head of the central administrative agency, etc. shall comply with such request without special reason not to do so.
 Article 12 (Collection of Coastal Garbage)
(1) The Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall collect marine garbage on the seashore (hereinafter referred to as “coastal garbage”) in his or her jurisdictional area.
(2) The Special Self-Governing Province Governor or the head of a Si/Gun/Gu may order a person who has generated coastal garbage to collect all or some of the coastal garbage.
(3) Methods and procedures for collecting coastal garbage, and other matters necessary for collecting coastal garbage, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 13 (Collection of Floating Garbage)
(1) Each sea area management authority shall collect marine garbage floating on or in the sea under its jurisdiction (hereinafter referred to as “floating garbage”) before they move to other sea areas or are deposited on the ocean floor.
(2) A sea area management authority may order a person who has generated floating garbage to collect all or some of the floating garbage.
(3) A person who has been ordered to collect floating garbage under paragraph (2) may entrust a marine garbage collection business entity registered pursuant to Article 19 (1) 2 with the collection of such garbage.
(4) Methods and procedures for collecting floating garbage, and other matters necessary for collecting floating garbage, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 14 (Collection of Deposited Garbage)
(1) Where, as a result of a fact-finding survey under Article 6, the sea area management authority determines that marine garbage deposited on the ocean floor (hereinafter referred to as “deposited garbage”) have a significant impact on the marine environment, it shall collect the deposited garbage in the relevant sea area.
(2) A sea area management authority may order a person who has generated deposited garbage to collect all or some of the deposited garbage.
(3) A person who has been ordered to collect deposited garbage under paragraph (2) may entrust a marine garbage collection business entity registered pursuant to Article 19 (1) 2 with the collection of such garbage.
(4) Methods and procedures for collecting deposited garbage, and other matters necessary for collecting deposited garbage, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 15 (Operation of Ships for Collection of Marine Garbage)
(1) Each sea area management authority may operate ships and facilities necessary to collect marine garbage or to conduct a fact-finding survey thereon.
(2) Standards and methods for operating ships or facilities under paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 15-2 (Marine Environmental Guards)
(1) A Special Self-Governing Province Governor or the head of a Si/Gun/Gu may hire a marine environmental guard to engage in activities of preventing the generation of marine garbage and collecting and disposing of marine garbage.
(2) Matters necessary for the methods of hiring marine environmental guards, the scope, etc. of their activities shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Nov. 30, 2021]
 Article 16 (Detoxification of Contaminated Marine Sediments)
(1) Where, as a result of a fact-finding survey under Article 6, the sea area management authority determines that contaminated marine sediments have a significant impact on the marine environment, it shall detoxify the contaminated marine sediments according to the methods prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) A sea area management authority may order a person who has generated contaminated marine sediments to detoxify all or some of the contaminated marine sediments.
(3) A person who has been ordered to detoxify contaminated marine sediments under paragraph (2) shall prepare and submit a plan for detoxification, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and obtain approval from the competent sea area management authority. The same shall also apply where he or she intends to alter any important matter prescribed by Ordinance of the Ministry of Oceans and Fisheries among the approved matters.
(4) A person who intends to detoxify contaminated marine sediments after obtaining approval pursuant to paragraph (3) may entrust a contaminated marine sediment detoxification business entity registered pursuant to Article 19 (1) 3 with the detoxification of such sediments.
(5) Other matters necessary for detoxifying contaminated marine sediments shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 17 (Follow-Up Management)
(1) A sea area management authority shall investigate contaminated marine sediments, etc. during the period prescribed by Ordinance of the Ministry of Oceans and Fisheries for the sea area where the contaminated marine sediment detoxification project is completed, so as to measure whether such sediments are re-contaminated.
(2) If, as a result of measurement under paragraph (1), re-contamination, etc. is considered to be likely to occur, the competent sea area management authority shall take necessary measures to prevent such re-contamination, etc.
(3) Matters concerning the details of and methods for investigations and measures under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 18 (Use of Dredged Materials)
(1) Dredged materials that meet the standards prescribed by Presidential Decree may be used for the following:
1. Materials for beach nourishment, creation and restoration of wetlands, creation of artificial islands, maintenance of fishing grounds, or construction of port facilities and fishery harbor facilities;
2. Other uses prescribed by Presidential Decree.
(2) A person who intends to use dredged materials for the purpose of each of the subparagraphs of paragraph (1) shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply where he or she intends to alter any important matter prescribed by Ordinance of the Ministry of Oceans and Fisheries among the reported matters.
(3) A person who has made a report under paragraph (2) shall use the dredged materials reported within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply where there exist extenuating circumstances accepted by the Minister of Oceans and Fisheries, such as a fire, serious accident, and labor dispute, which prevent the use of such materials within the prescribed period.
CHAPTER III MARINE GARBAGE MANAGEMENT BUSINESS
 Article 19 (Registration of Marine Garbage Management Business)
(1) A person who intends to engage in any business falling under any of the following subparagraphs (hereinafter referred to as “marine garbage management business”) shall register such business with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. The same shall also apply where he or she intends to alter any important matter prescribed by Ordinance of the Ministry of Oceans and Fisheries among the reported matters:
1. Business of discharging garbage into the sea: Business of discharging garbage into the sea with ships, facilities, and equipment required for discharging garbage into the sea;
2. Marine garbage collection business: Business of collecting marine garbage with ships, facilities, and equipment required for collecting floating garbage and deposited garbage;
3. Contaminated marine sediment detoxification business: Business of detoxifying contaminated marine sediments with ships, facilities, and equipment required for detoxifying contaminated marine sediments.
(2) A person who intends to register marine garbage management business shall possess technical skills in the relevant field, as prescribed by Presidential Decree, and shall be equipped with ships, facilities, and equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 20 (Grounds for Disqualification from Registration)
None of the following persons shall be registered for a marine garbage management business:
1. A person under adult guardianship;
2. A person for whom one year has not passed since the execution of his or her imprisonment with labor or heavier punishment sentenced to by a court for violating this Act or the Marine Environment Management Act was terminated (including where such execution is deemed to have been terminated) or exempted;
3. A person for whom one year has not passed since the registration of marine garbage management business was revoked (excluding where the registration was revoked on the ground of subparagraph 1);
4. A legal entity that has a person falling under any of subparagraphs 1 through 3, among its executive officers.
 Article 21 (Duties of Marine Garbage Management Business Entities)
(1) An entity that has registered its marine garbage management business (hereinafter referred to as “marine garbage management business entity”) shall prepare a statement of disposal results and submit it to the Minister of Oceans and Fisheries, and shall prepare a ledger of disposal to be kept in the relevant ship or facility.
(2) An entity that has registered its business of discharging garbage into the sea pursuant to Article 19 (1) 1 shall keep and manage garbage subject to discharge into the sea, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall prepare a garbage transfer/takeover form and submit it to the Minister of Oceans and Fisheries.
(3) Where a marine garbage management business entity submits a statement of disposal results under paragraph (1) and a garbage transfer/takeover form under paragraph (2) using the electronic information processing system under Article 30 (2), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, it shall be deemed to have performed its duty to submit and keep the relevant data.
(4) Details regarding the method for preparing and the period for keeping the statement of disposal results, the ledger of disposal, and the garbage transfer/takeover form under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 22 (Orders for Disposal of Entrusted Marine Garbage)
Where a marine garbage management business entity (including where its business is suspended or closed) neglects to dispose of garbage, marine garbage or contaminated marine sediments (hereinafter referred to as “marine garbage, etc.”), the disposal of which is entrusted to it, the Minister of Oceans and Fisheries may order the appropriate disposal of such garbage, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 23 (Succession of Rights and Obligations)
(1) When a marine garbage management business entity transfers his or her business or dies, or when a corporate marine garbage management business entity merges, the transferee or successor of the business, or the corporation surviving the merger or newly established as a consequence of the merger shall succeed to the rights and obligations concerned.
(2) Any person who has fully taken over the facilities or equipment of a marine garbage management business entity through an auction under the Civil Execution Act, realization under the Debtor Rehabilitation and Bankruptcy Act, sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act, or other procedures equivalent thereto shall succeed to the rights and obligations concerned.
(3) A person who succeeds to the rights and obligations of a marine garbage management business entity under paragraphs (1) and (2) shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, within one month of succession to the rights and obligations.
(4) Article 20 shall apply mutatis mutandis to succession under paragraphs (1) and (2).
 Article 24 (Revocation of Registration)
(1) Where a marine garbage management business entity falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke the registration thereof or order the suspension of business for a given period of up to six months: Provided, That he or she shall revoke such registration where the marine garbage management business entity falls under any of subparagraphs 1 through 4:
1. Where the marine garbage management business entity has been registered or any alteration to the entity has been registered for by fraud or other improper means;
2. Where the marine garbage management business entity falls under any of the subparagraphs of Article 20: Provided, That the same shall not apply where a corporation falling under subparagraph 4 of Article 20 has replaced the relevant executive officer within six months;
3. Where the marine garbage management business entity is suspended for business on at least two occasions a year;
4. Where the marine garbage management business entity conducts business activities during the period of business suspension;
5. Where the marine garbage management business entity fails to comply with any terms and conditions of registration without good cause;
6. Where the marine garbage management business entity violates any duty under Article 21 (1) and (2);
7. Where the marine garbage management business entity fails to comply with an order for disposal issued under Article 22;
8. Where the marine garbage management business entity fails to commence business activities within one year after registration or has no business performance for at least one year continuously without good cause.
(2) Detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, based on the types, severity, etc. of the relevant offenses.
 Article 25 (Designation of Specialized institutions)
(1) The Minister of Oceans and Fisheries may designate an institution to inspect garbage and investigate marine garbage and contaminated marine sediments on a professional basis (hereinafter referred to as “specialized institution”), according to the following classification:
1. Marine garbage investigation institution: An institution that conducts investigations into the status of generation and management of marine garbage;
2. Polluted marine sediment investigation institution: An institution that conducts investigations into the status of generation and management of contaminated marine sediments;
3. Marine discharge inspection institution: An institution that conducts the measurement of the ingredients, concentration, weight and volume of garbage under Article 7 (5).
(2) Upon conducting an inspection or investigation, a specialized institution may collect expenses from the person who requests the inspection or investigation. In such cases, the Minister of Oceans and Fisheries shall determine the standards for calculating expenses and provide public notice thereof.
(3) No entity designated as a specialized institution shall do any of the following:
1. Allowing any other person to perform affairs of the specialized institution using its name, or lending its certificate of specialized institution designation to a third person;
2. Concurrently engaging in a marine garbage management business.
(4) Article 20 shall apply mutatis mutandis to grounds for disqualification of specialized institutions. In such cases, “marine garbage management business” shall be read as “specialized institution”, and “shall be registered” as “shall be designated”.
(5) Other matters concerning the standards and procedures for designation of specialized institutions shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 26 (Revocation of Designation as Specialized institutions)
(1) Where a specialized institution falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke the designation thereof or order the suspension of business for a given period of up to six months: Provided, That he or she shall revoke such designation where the specialized institution falls under any of subparagraphs 1 through 4:
1. Where it is designated by fraud or other improper means;
2. Where the specialized institution falls under any of the subparagraphs of Article 20, which applies mutatis mutandis under Article 25 (4): Provided, That the same shall not apply where a corporation falling under subparagraph 4 of Article 20 has replaced the relevant executive officer within six months;
3. Where the specialized institution is suspended for business on at least two occasions a year;
4. Where the specialized institution conducts the work of inspection or investigation during the period of business suspension;
5. Where the specialized institution allows any other person to perform its works using its name, or lends its certificate of specialized institution designation to a third person, in violation of Article 25 (3) 1;
6. Where the specialized institution concurrently engages in a marine garbage management business in violation of Article 25 (3) 2;
7. Where the specialized institution makes a false entry in the records of inspection or investigation by intention or gross negligence.
(2) Detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, based on the types, severity, etc. of the relevant offenses.
 Article 27 (Establishment and Operation of Management Center)
(1) The Minister of Oceans and Fisheries may establish and operate a marine garbage and contaminated marine sediment management center to manage marine garbage and contaminated marine sediments in a comprehensive and systematic way.
(2) Matters necessary for establishing and operating the management center under paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 28 (Vicarious Execution)
Where any person given an order falling under any of the following subparagraphs fails to comply with such order, the competent sea area management authority or the Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu may perform vicarious execution as prescribed by the Administrative Vicarious Execution Act, and collect the relevant expenses from the person who has violated the order:
1. An order to investigate environmental conditions and to collect and detoxify marine garbage under Article 8 (3);
2. An order for collection under Article 12 (2);
3. An order for collection under Article 13 (2);
4. An order for collection under Article 14 (2);
5. An order for detoxification under Article 16 (2);
6. An order for disposal under Article 22.
 Article 29 (Administrative, Financial, and Technical Assistance)
(1) The State may provide administrative, financial, and technical assistance for a local government that takes any of the following measures:
1. Fact-finding survey under Article 6;
2. Measure to block inflow of garbage into the sea under Article 11;
3. Collection of marine garbage under Articles 12 through 14;
4. Operation of ships and facilities under Article 15;
5. The recruitment and operation of marine environmental guards under Article 15-2;
6. Detoxification of contaminated marine sediments under Article 16.
7. Other measures necessary for disposing of collected marine garbage.
(2) The State may provide necessary administrative, financial, and technical assistance for a corporation or organization that engages in monitoring, collection, and detoxification activities to prevent the generation of marine garbage and contaminated marine sediments.
(3) Matters regarding entities entitled to administrative, financial, and technical assistance under paragraphs (1) and (2), and the procedures and methods for such assistance, shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jun. 10, 2022]
 Article 30 (Electronic Information Processing System to Manage Marine Garbage)
(1) The Minister of Oceans and Fisheries shall manage information necessary to manage marine garbage, etc.
(2) The Minister of Oceans and Fisheries shall build and operate an electronic information processing system to manage information under paragraph (1) in a systematic and efficient manner (hereafter in this Article referred to as “electronic information processing system”).
(3) A person who discharges, collects, or detoxifies marine garbage, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries shall enter the details thereof into the electronic information processing system, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, when the relevant marine garbage, etc. are discharged, collected, or detoxified.
(4) The Minister of Oceans and Fisheries shall disclose the information entered into the electronic information processing system and may link it into the electronic information processing program under Article 45 of the Wastes Control Act.
(5) Other matters necessary for the installation, building and operation of the electronic information processing system shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 31 (Hearings)
The Minister of Oceans and Fisheries shall hold a hearing if he or she intends to make a disposition falling under any of the following:
1. Revocation of registration of a marine garbage management business under Article 24;
2. Revocation of designation as a specialized institution under Article 26.
 Article 32 (Access and Inspections)
(1) The Minister of Oceans and Fisheries may, as prescribed by Presidential Decree, direct a public official of the Ministry to request necessary materials or a report from a marine garbage management business entity, specialized institution, or discharger of garbage into the sea, and to enter the relevant facilities, ship or other places for verification and inspection of the status of garbage collection, keeping and disposal or for inspection of the related documents, facilities, or equipment.
(2) Any public official who makes an entry, inspection, etc. under paragraph (1) shall carry a certificate indicating his or her authority and present it to interested persons, and shall inform them of the purpose of entry, his or her name, etc. in detail.
 Article 33 (Delegation and Entrustment of Authority)
(1) The Minister of Oceans and Fisheries may delegate part of his or her authority under this Act to the head of an agency under his or her control, as prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries may entrust some of his or her affairs under this Act to a related institution or organization, as prescribed by Presidential Decree.
 Article 34 (Legal Fiction as Public Officials for Purposes of Penalty Provisions)
Any executive officer or employee of an institution or organization engaged in works entrusted under Articles 6 (2) and 33 (2) shall be deemed a public official for purposes of penalty provisions pursuant to Articles 129 through 132 of the Criminal Act.
CHAPTER V PENALTY PROVISIONS
 Article 35 (Penalty Provisions)
Any person falling under any of the following subparagraphs 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 discharges garbage into the sea in violation of Article 7 (1);
2. A person who engages in marine garbage management business without registering it under the former part of Article 19 (1);
3. A person who performs affairs of the specialized institution without being designated as such under Article 25 (1).
 Article 36 (Penalty Provisions)
Any person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
1. A person who uses dredged materials without meeting the standards under Article 18 (1);
2. A person who conducts business activities after registration is revoked under Article 24 or who conducts business activities during the period of business suspension despite the order to suspend business;
3. A person who conducts business activities after the designation as a specialized institution is revoked under Article 26 or who conducts business activities during the period of business suspension despite the order to suspend business.
 Article 37 (Penalty Provisions)
Any person falling under any of the following subparagraphs 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 fails to file a report or files a false report, in violation of the former part of Article 7 (4);
2. A person who fails to comply with an order for collection issued by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, in violation of Article 12 (2);
3. A person who fails to comply with an order for collection issued by the sea area management authority, in violation of Article 13 (2);
4. A person who fails to comply with an order for collection issued by the sea area management authority, in violation of Article 14 (2);
5. A person who fails to comply with an order for detoxification issued by the sea area management authority, in violation of Article 16 (2);
6. A person who fails to comply with an order for disposal issued by the Minister of Oceans and Fisheries, in violation of Article 22;
7. A person who allows any other person to perform affairs of the specialized institution using his or her name, or who lends its certificate of specialized institution designation to a third person, in violation of Article 25 (3) 1;
8. A person who refuses, interferes with, or evades a request for entry, inspection, or report under Article 32 (1), without good cause.
 Article 38 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, employee or other servant of a corporation or an individual, commits an offense under any of Articles 35 through 37 in course of performing the duties of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in paying due attention to and supervising the relevant business in order to prevent such offense.
 Article 39 (Administrative Fines)
(1) Any person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding five million won:
1. A person who fails to file a report or files a false report, in violation of Article 8 (2);
2. A person who fails to file a report or files a false report, in violation of the former part of Article 18 (2);
3. A person who fails to register an alteration or includes any false entry in registering an alteration, in violation of the latter part of Article 19 (1);
4. A person who fails to submit a statement of disposal results or includes any false entry in such statement, or fails to keep a ledger of disposal or includes any false entry in such ledger, in violation of Article 21 (1);
5. A person who keeps or manages garbage, or fails to submit a garbage transfer/takeover form or includes any false entry in such form, in violation of Article 21 (2);
6. A person who fails to file a report on succession to the rights and obligations of a marine garbage management business entity, or files a false report thereon, in violation of Article 23 (3).
(2) Any person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding one million won:
1. A person who fails to report an alteration or includes any false entry in reporting an alteration, in violation of the latter part of Article 7 (4) or the latter part of Article 18 (2);
2. A person who fails to enter information or enters any false information, in violation of Article 30 (3).
(3) Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries or the competent Mayor/Do Governor, as prescribed by Presidential Decree.
ADDENDA <Act No. 16699, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (General Transitional Measures)
Disposition imposed and other acts done by administrative agencies, or various kinds of applications filed with and other acts done in relation to administrative agencies, under the former Marine Environment Management Act as at the time this Act enters into force shall be deemed acts done by or in relation to the corresponding administrative agencies under this Act.
Article 3 (Transitional Measures concerning Registration of Marine Garbage Management Business)
At the time this Act enters into force, a person who has registered ocean garbage discharge business pursuant to Article 70 (1) 1 of the Marine Environment Management Act shall be deemed to have registered the business of discharging garbages into the sea pursuant to Article 19 (1) 1; a person who has registered ocean garbage collection business pursuant to Article 70 (1) 4 of the Marine Environment Management Act shall be deemed to have registered marine garbage collection business pursuant to Article 19 (1) 2;
and a person who has registered deposited pollutants collection business pursuant to Article 70 (1) 5 of the Marine Environment Management Act shall be deemed to have registered polluted marine sediment detoxification business pursuant to Article 19 (1) 3: Provided, That he or she shall register the relevant business under Article 19 (1), meeting the requirements under this Act, within three years after this Act enters into force.
Article 4 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions and administrative fines to violations committed before this Act enters into force shall be governed by the former Marine Environment Management Act.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes and Regulations)
At the time this Act enters into force, references in other statutes and regulations to the former Marine Environment Management Act or to the provisions thereof, if this Act includes any provisions corresponding thereto, shall be deemed references to this Act or the corresponding provisions thereof in lieu of the former Marine Environment Management Act or the provisions thereof.
ADDENDA <Act No. 17110, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 18065, Apr. 13, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18539, Nov. 30, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 18960, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Master Plans and Implementation Plans for Managing Marine Garbage and Contaminated Marine Sediments)
The amended provisions of Article 5 (2) shall begin to apply to annual implementation plans formulated and implemented by the head of a sea area management authority under Article 5 (3) after this Act enters into force.