The purpose of this Act is to prescribe matters necessary for the permission and management of zoos and aquariums, with the aim of conserving and conducting research on wildlife in the zoos and aquariums, providing citizens with correct information on the ecology and habits of wildlife, and promoting the welfare and biodiversity of resident animals, thereby realizing the value of respect for life and creating an environment where wildlife and human beings coexist.
The terms used in this Act are defined as follow:
| 1. | The term “zoo” means a facility prescribed by Presidential Decree, which promotes biodiversity through the conservation and proliferation of wild animals and others and the survey and research on the ecology and habits thereof; and provides various kinds of information on wild animals to citizens through exhibition and education programs; |
| 2. | The term “aquarium” means a facility prescribed by Presidential Decree, which promotes biodiversity through the conservation and proliferation of marine organisms or limnobios, etc. and the survey and research on the ecology and habits thereof, and provides various kinds of information on marine organisms or limnobios, etc. to citizens through exhibition and education programs; |
| 6. | The term "resident animal" means any animal possessed, or retained by means of lease, entrustment, etc., at a zoo or an aquarium. In such cases, animals reproduced in a zoo or an aquarium are included herein. |
| Article 3 (Basic Responsibilities of the State) |
| (1) | The State and local governments shall formulate and implement policy measures necessary for improving the welfare of resident animals and for raising the people's awareness about the importance of the conservation of biodiversity by creating a desirable exhibition culture in zoos or aquariums; and local governments shall actively cooperate with the national policy measures. |
| (2) | A person operating a zoo or an aquarium shall actively cooperate with the policy measures of the State and local governments, and endeavor to improve the welfare of resident animals and create a safe and healthy exhibition environment. |
| Article 4 (Relationship to Other Statutes) |
This Act shall prevail over other statutes regarding the exhibition, management, protection, etc. of resident animals.
| Article 5 (Formulation of Comprehensive Plan for Management of Zoos and Aquariums) |
| (1) | The Minister of Environment and the Minister of Oceans and Fisheries shall formulate a comprehensive plan for the management of zoos and aquariums (hereinafter referred to as "comprehensive plan") every five years for the appropriate management of zoos and aquariums. |
| (2) | A comprehensive plan shall include the following matters: |
| 1. | Objectives of policies and basic direction for the management of zoos and aquariums; |
| 2. | Policy tasks and action plans for projects for the conservation of, research on, and education and public relations on biodiversity in zoos and aquariums; |
| 3. | Plans to ensure the welfare and appropriate habitat environment of resident animals; |
| 4. | Plans to secure public safety and health in zoos and aquariums; |
| 5. | Plans to foster and support professional human resources for the operation of zoos and aquariums; |
| 6. | Matters relating to establishment of a cooperative network and international exchange for the conservation of biological species possessed by zoos and aquariums; |
| 7. | Matters relating to the provision of administrative, financial, and technical assistance necessary for the operation of zoos and aquariums; |
| 8. | Other matters prescribed by Presidential Decree for the appropriate management of zoos and aquariums. |
| (3) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate a management plan for zoos and aquariums under his or her jurisdiction (hereinafter referred to as "City/Do plan") every five years in accordance with the comprehensive plan, and notify the Minister of Environment and the Minister of Oceans and Fisheries of the plan. |
| (4) | The State and local governments shall endeavor to secure human resources, budgets, etc. necessary to conduct a project appropriately in accordance with the comprehensive plan and City/Do plan, and the State may provide local governments with subsidies to cover all or some of the expenses incurred in conducting the projects within the budget, for an appropriate management of zoos and aquariums. |
| (5) | Matters necessary for the formulation, modification, implementation, etc. of the comprehensive plan and City/Do plans shall be prescribed by Presidential Decree. |
| Article 6 (Fact-Finding Survey and Evaluation) |
| (1) | For the purpose of formulation and implementation of a comprehensive plan and an appropriate management of zoos and aquariums, the Minister of Environment and the Minister of Oceans and Fisheries shall conduct a fact-finding survey on the following matters as prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries: |
| 1. | Current status of permission granted for zoos and aquariums; |
| 2. | Operational status of exhibition facilities in zoos and aquariums; |
| 3. | Actual conditions of welfare of resident animals; |
| 4. | Other matters necessary for the formulation and implementation of the comprehensive plan. |
| (2) | The Minister of Environment and the Minister of Oceans and Fisheries shall evaluate the implementation, etc. of the comprehensive plan. |
| (3) | The Minister of Environment and the Minister of Oceans and Fisheries shall regularly publish the results of fact-finding surveys and of evaluations conducted under paragraphs (1) and (2). |
| (4) | Other necessary matters relating to the evaluation and publication, etc. under paragraphs (2) and (3) shall be prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries. |
| Article 7 (Animal Management Committee of Zoos and Aquariums) |
| (1) | For the purpose of rendering advice on the following matters, the Minister of Environment and the Minister of Oceans and Fisheries may establish an animal management committee of zoos and aquariums that is jointly operated by the Ministry of Environment and the Ministry of Oceans and Fisheries, as prescribed by Presidential Decree: |
| 1. | Matters concerning the formulation and implementation of comprehensive plans; |
| 2. | Other matters prescribed by Presidential Decree to manage resident animals. |
| (2) | A Mayor/Do Governor may establish an animal management committee of zoos and aquariums in the relevant Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province, to render advice on the following matters, as prescribed by ordinance of the relevant local government: |
| 1. | Matters concerning the formulation and implementation of City/Do plans; |
| 2. | Other matters prescribed by ordinance for the management of resident animals in jurisdictional areas. |
| (1) | A person who intends to operate a zoo or an aquarium shall fulfill the following requirements prescribed by Presidential Decree and obtain permission from the Mayor/Do Governor having jurisdiction over the location of the relevant zoo or aquarium: |
| 1. | The standards for the habitat environment by the species of resident animals and the standards for specialized human resources by size of a zoo or an aquarium; |
| 2. | Disease control plans for resident animals; |
| 3. | Safety management plans for zoos or aquariums; |
| 4. | Management plans for resident animals in the case of temporary closure or permanent closure of a zoo or an aquarium (hereinafter referred to as "temporary or permanent closure"); |
| 5. | Other matters prescribed by Presidential Decree as necessary for an appropriate management of resident animals. |
| (2) | Notwithstanding paragraph (1), where a local government, a public institution under Article 4 of the Act on the Management of Public Institutions, or a local public enterprise established under the Local Public Enterprises Act intends to operate a zoo, it shall obtain permission from the Minister of Environment; and where it intends to operate an aquarium, it shall obtain permission from the Minister of Oceans and Fisheries, fulfilling the requirements specified in paragraph (1). |
| (3) | Where the Minister of Environment, the Minister of Oceans and Fisheries, or a Mayor/Do Governor (hereinafter referred to as the "competent permitting authority") grants permission pursuant to paragraph (1) or (2), he or she shall issue a permit to the applicant. |
| (4) | Where a person who has obtained permission under paragraph (1) or (2) intends to modify any important matters prescribed by Presidential Decree among permitted matters, he or she shall obtain permission for such modification. |
| (5) | If necessary for an examination of whether the requirements for permission under paragraph (1) or (2) are fulfilled, the competent permitting authority may conduct an on-site survey as prescribed by Presidential Decree. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the methods and procedures for granting permission and permission for modification shall be prescribed by Presidential Decree. |
| Article 9 (Grounds for Ineligibility) |
None of the following persons shall be eligible for permission for a zoo or an aquarium under Article 8: | 1. | A minor (referring to a person under 19 years of age) or a person under adult guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person for whom five years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court for committing prohibited acts prescribed in Article 15 (1) 1 or 2 of this Act or Article 10 of the Animal Protection Act was completely executed (including where it is deemed completely executed) or exempted; |
| 4. | A person for whom three years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court for violating this Act (excluding Article 15 (1) 1 and 2) was completely executed (including where such execution is deemed completed) or exempted; |
| 5. | A person who was sentenced to a fine for committing prohibited acts prescribed in subparagraph 3, for whom three years have not elapsed since the sentence became final and conclusive; |
| 6. | Any of the following persons who is under suspension of the execution of punishment: |
| (a) | A person who was sentenced to a suspended execution of a fine or heavier punishment declared by a court for committing any prohibited act under subparagraph 3; |
| (b) | A person sentenced to a suspended execution of imprisonment without labor or heavier punishment declared by a court for violating this Act (excluding Article 15 (1) 1 and 2); |
| 7. | A person for whom three years have not elapsed since the permission for a zoo or an aquarium was revoked under Article 10 (excluding cases where permission was revoked because he or she falls under Article 10 (1) 2); |
| 8. | A corporation employing any executive officer who falls under any of subparagraphs 1 through 7. |
| Article 10 (Revocation of Permission) |
| (1) | A competent permitting authority may revoke permission for a zoo or an aquarium or suspend all or part of his or her business operations for a specified period not exceeding six months, if the relevant person falls under any of the following subparagraphs: Provided, That where he or she falls under subparagraph 1, the competent permitting authority shall revoke such permission: |
| 1. | Where it obtains permission by fraud or other improper means; |
| 2. | Where it fails to meet the requirements for permission specified in Article 8 (1) or (2); |
| 3. | Where it falls under subparagraphs 1 through 6 or 8 of Article 9: Provided, That this shall not apply where a corporation which has an executive officer who falls under subparagraph 8 of that Article replaces such executive officer within six months; |
| 4. | Where it fails to comply with an order to take measures under Article 23. |
| (2) | Any person whose permission is revoked pursuant to paragraph (1) shall return the permit to the competent permitting authority within seven days from the date of such revocation. |
| (3) | Detailed guidelines for administrative dispositions under paragraph (1) and other necessary matters shall be prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Environment. |
| Article 11 (Penalty Surcharges) |
| (1) | Where the competent permitting authority deems that a business suspension to be ordered under Article 10 is likely to seriously obstruct an appropriate management of resident animals, harming public interest through such as influx of resident animals into the ecosystem and undermining public health, the permitting authority may impose a penalty surcharge not exceeding 100 million won in lieu of business suspension. |
| (2) | Where a person against whom a penalty surcharge is imposed under paragraph (1) fails to pay the penalty surcharge by the relevant payment due date, the competent permitting authority shall collect it in the same manners as compulsory national taxes are collected or pursuant to the Act on the Collection of Local Administrative Penalty Charges. |
| (3) | The amount of penalty surcharges imposed and collected under paragraphs (1) and (2) shall revert to the State or a local government with which the relevant imposition and collection authorities are affiliated. |
| (4) | Specific standards and procedures for imposing penalty surcharges under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 12 (Inspectors of Zoos and Aquariums) |
| (1) | The Minister of Environment and the Minister of Oceans and Fisheries may commission an expert who has abundant experience or educational background in a field related to the zooecology, animal welfare, and others, who fulfills the credentials prescribed by Presidential Decree as a zoo inspector or an aquarium inspector (hereinafter referred to as "inspector") to perform any of the following duties; in such cases, they may seek advice from the animal management committee of zoos and aquariums prescribed in Article 7 (1): |
| 1. | Assistance with on-site survey under Article 8 (5); |
| 2. | Support for inspection of zoos or aquariums under Article 22; |
| 3. | Other matters prescribed by Presidential Decree, which are necessary for a professional assessment of the appropriateness of breeding environment in zoos or aquariums. |
| (2) | If deemed necessary, the competent permitting authority may have an inspector perform the duties prescribed in the subparagraphs of paragraph (1); in such cases, no one shall refuse, obstruct, or evade an inspection of the facilities, equipment, etc. without good cause. |
| (3) | An inspector who conducts an inspection under paragraph (2) shall carry identification verifying his or her authority prescribed by Presidential Decree and present it to relevant persons. |
| (4) | Other matters necessary for the procedures for commissioning inspectors, performance of duties, etc. shall be prescribed by Presidential Decree. |
| Article 13 (Public Opening and Temporary or Permanent Closure of Zoos and Aquariums) |
| (1) | A person who operates a zoo or an aquarium shall open it to the public for at least the number of days prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries. |
| (2) | On a special occasion where a zoo or an aquarium shall be closed for at least three consecutive months on any grounds, the person operating such zoo or aquarium shall file a report on the grounds for closure and a management plan for resident animals, and a future plan to reopen the zoo or aquarium (hereinafter referred to as "management plan in the case of a temporary closure”) to the competent permitting authority by at least 10 days before the scheduled date of temporary closure: Provided, That if a person fails to open a zoo or an aquarium for at least three months on any unexpected occasions, such as the outbreak of zoonosis under subparagraph 11 of Article 2 of the Infectious Disease Control and Prevention Act, he or she shall file a report on the grounds for the continued closure and a management plan in the case of a temporary closure to the competent permitting authority within 10 days from the occurrence of such occasion. |
| (3) | Where a person operating a zoo or an aquarium intends to permanently close the zoo or aquarium, he or she shall file a report with the competent permitting authority, along with documents verifying that the person has properly complied with measures prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries, such as transfer of resident animals. |
| (4) | Upon receipt of a report on temporary closure under paragraph (2) or a report on permanent closure under paragraph (3), the competent permitting authority shall review the details thereof and accept such report if the details of the report are in compliance with this Act. |
| (5) | A person who has filed a report on permanent closure pursuant to paragraph (3) shall return the permit to the competent permitting authority. |
| (6) | Matters necessary for the methods and procedures for fling a report on temporary or permanent closure and for returning a permit under paragraphs (2), (3), and (5), and similar matters shall be prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries. |
| Article 14 (Survey on Resident Animals) |
| (1) | The Minister of Environment and the Minister of Oceans and Fisheries may separately conduct a survey or formulate the management guidelines on the species of resident animals in need of special protection or management, and provide such guidelines to the persons operating zoos or aquariums. |
| (2) | Matters necessary for the details, methods, etc. of survey under paragraph (1) shall be prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries. |
| Article 15 (Prohibited Act) |
| (1) | No person operating a zoo or an aquarium or working at a zoo or an aquarium shall engage in any of the following acts against resident animals, without good cause: |
| 3. | Any act of transporting and exhibiting resident animals to any place other than the relevant zoo or aquarium: Provided, That this shall not apply to any of the following cases: |
| (a) | Where an exhibition is held in another zoo or aquarium permitted pursuant to Article 8; |
| (b) | Where resident animals are transported and exhibited for public purposes, such as scientific research or education, in the cases prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries; |
| 4. | Performing any act or making spectators conduct any act that is prescribed by Presidential Decree, such as climbing, touching, and feeding resident animals for the purpose of public recreation or entertainment, which inflicts unnecessary pain, fear, or stress on animals. |
| (2) | No zoo or aquarium shall possess any species prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries, which are likely to suffer death or disease caused by stress, etc. in the case of exposure for the purpose of viewing, etc. |
| Article 16 (Safety Management) |
| (1) | A person operating a zoo or an aquarium or working at a zoo or an aquarium shall manage resident animals to ensure that resident animals do not endanger the life, safety, or property of people. |
| (2) | Notwithstanding paragraph (1), if some resident animals have escaped from their enclosures or control zone and are likely to cause, or have caused, harm to human life, body, or property, the person operating the zoo or aquarium or working at the zoo or aquarium shall without delay take necessary measures, such as capturing and isolating them in accordance with the safety management plan of the zoo or aquarium submitted at the time of granting permission under Article 8, and notify the competent permitting authority of the measures taken under the plan. |
| (3) | The Minister of Environment and the Minister of Oceans and Fisheries may prepare and distribute the safety control guidelines for zoos and aquariums to manage the safety of zoos or aquariums. |
| (4) | If necessary for capturing and isolating resident animals under paragraph (2), the competent permitting authority may request the heads of relevant administrative agencies to provide necessary cooperation or support. In such cases, the heads of relevant administrative agencies upon receipt of such request shall comply therewith unless there is a compelling reason not to do so. |
| Article 17 (Disease Control) |
| (1) | A person operating a zoo or an aquarium shall regularly inspect the health conditions of resident animals for the disease prevention and health control of resident animals. |
| (2) | If any of the following diseases is discovered in resident animals as a result of a regular inspection under paragraph (1), a person operating the relevant zoo or aquarium shall take necessary measures, such as the isolation of relevant animals without delay in accordance with the disease control plan for resident animals submitted at the time of granting permission under Article 8, and notify the competent permitting authority thereof without delay; in such cases, the competent permitting authority shall, upon receipt of a notification, inform the head of the relevant administrative agency thereof, as prescribed by Presidential Decree: |
| (3) | The Minister of Environment and the Minister of Oceans and Fisheries may prepare and distribute the disease control guidelines of zoos and aquariums for disease control in zoos or aquariums. |
| (4) | Matters necessary for the animal species in need of regular inspection, inspection items, frequency, methods, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 18 (Prevention of Disturbance to Ecosystem) |
| (1) | A person operating a zoo or an aquarium shall manage the zoo or aquarium in a way that prevents its resident animals from escaping from their enclosures or control zones and disturbing the ecosystem. |
| (2) | If resident animals are likely to disturb, or have disturbed, the ecosystem notwithstanding paragraph (1), a person operating a zoo or an aquarium shall take measures prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries and notify the competent permitting authority thereof. |
| Article 19 (Education on Workers of Zoos and Aquariums) |
| (1) | Any of the following persons working at a zoo or an aquarium (hereinafter referred to as "persons subject to education") shall receive education provided by an educational institution prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries: |
| 1. | A veterinarian or an aquatic organism disease inspector who works at a zoo or an aquarium (including an associate veterinarian or part-time aquatic organism disease inspector); |
| 2. | A zoo keeper working at a zoo or an aquarium; |
| 3. | Other persons prescribed by Presidential Decree, who perform the duties related to the safety, disease control, and others of resident animals. |
| (2) | A person operating a zoo or an aquarium shall ensure persons subject to education receive education specified in paragraph (1), and bear expenses incurred in providing the relevant education. |
| (3) | Matters necessary for the content, methods, and frequency of education and bearing of expenses thereof, etc. under paragraphs (1) and (2) shall be prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries. |
| Article 20 (Keeping and Retention of Operation and Management Records) |
A person operating a zoo or an aquarium shall keep the records on the following matters, and retain the relevant records for a period of up to 20 years prescribed by Presidential Decree:
| 1. | Number of species and population of resident animals in a zoo or an aquarium; |
| 2. | Records on ship-in and ship-out, proliferation, and death of resident animals in a zoo or an aquarium; |
| 3. | Records on health inspection of resident animals under Article 17 (1); |
| 4. | Other matters prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries for an appropriate management of resident animals. |
| Article 21 (Submission of Data) |
| (1) | A person operating a zoo or an aquarium shall submit to the competent permitting authority data on the operation and management of the zoo or aquarium under the subparagraphs of Article 20 and the number of annual opening days of the zoo or aquarium. |
| (2) | If necessary for the management of a zoo or an aquarium, the competent permitting authority may request a person operating a zoo or an aquarium to submit additional data, and the person upon receipt of a request shall comply therewith, in the absence of good cause. |
| (3) | Methods and timing for submitting the data referred to in paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 22 (Inspection of Zoos and Aquariums) |
| (1) | If deemed necessary for the enforcement of this Act, the Minister of Environment, the Minister of Oceans and Fisheries, or a Mayor/Do Governor (the Minister of Environment shall have jurisdiction only on the zoos, the Minister of Oceans and Fisheries on the aquariums, and a Mayor/Do Governor on the facilities to which the Mayor/Do Governor directly grants permission) may have public officials under his or her jurisdiction have access to the relevant zoos or aquariums and inspect related documents, facilities, equipment, etc. |
| (2) | Any public official who intends to access or inspect a zoo or an aquarium pursuant to paragraph (1) shall carry identification verifying his or her authority and present it to relevant persons. |
| (3) | No person under paragraph (1) shall refuse, obstruct, or evade an access or an inspection by a relevant public official without good cause. |
| (4) | Matters necessary for the timing, detailed methods, etc. of an inspection under paragraph (1) shall be prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries. |
| Article 23 (Order to Take Measures) |
| (1) | Where a zoo or an aquarium falls under any of the following subparagraphs, the competent permitting authority may issue a corrective order and others requiring a person operating the zoo or aquarium to take necessary measures for a specified period as prescribed by Presidential Decree: |
| 1. | Where the zoo or the aquarium is operated in contrary to any matters permitted or permitted for modification under Article 8; |
| 2. | Where the zoo or the aquarium is operated and managed differently from the management plan in the case of a temporary closure reported pursuant to Article 13 (2); |
| 3. | Where any violation of Articles 15 through 18 is discovered. |
| (2) | A person operating a zoo or an aquarium upon receipt of an order to take measures under paragraph (1) shall comply with such order unless there is good cause. |
| Article 24 (Designation and Operation of Hub Zoo or Aquarium) |
| (1) | The Minister of Environment or the Minister of Oceans and Fisheries may designate the hub zoos or aquariums by zone prescribed by Presidential Decree (hereinafter referred to as "hub zoos and aquariums") to assign them the following affairs: |
| 1. | Education and publicity for capacity enhancement of zoos or aquariums in the relevant zone; |
| 2. | Support for the disease control and quarantine of zoos or aquariums in the relevant zone; |
| 3. | Support for the safety control of zoos or aquariums in the relevant zone; |
| 4. | Operation of programs for the preservation and proliferation of species for the conservation of species; |
| 5. | Other affairs prescribed by Presidential Decree. |
| (2) | A person who intends to obtain designation of a hub zoo or aquarium pursuant to paragraph (1) shall apply for such designation to the Minister of Environment or the Minister of Oceans and Fisheries after meeting the requirements prescribed by Presidential Decree, such as requirements for facilities and human resources. |
| (3) | The Minister of Environment or the Minister of Oceans and Fisheries may revoke the designation of a hub zoo or aquarium if it falls under any of the following cases: Provided, That such designation shall be revoked if it falls under subparagraph 1: |
| 1. | Where it obtains the designation by fraud or other improper means; |
| 2. | Where it fails to perform the affairs referred to in each subparagraph of paragraph (1) for at least one year without good cause; |
| 3. | Where it ceases to meet any of the standards for designation under paragraph (2). |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the designation and operation of a hub zoo or aquarium shall be prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries. |
| Article 25 (Subsidization of Expenses) |
The State and local governments may subsidize all or some of the expenses incurred by a zoo or an aquarium in conducting the following projects:
| 2. | Education and publicity on the ecology, habits, and biodiversity of wild animals and marine organisms, etc.; |
| 3. | Projects specified in the subparagraphs of Article 24 (1); |
| 4. | Other projects conducted for public interest, which are prescribed by Presidential Decree. |
| Article 26 (Receipt of Donations) |
| (1) | Notwithstanding the main clause, with the exception of the subparagraphs, of Article 5 (2) of the Act on Collection and Use of Donations, the zoos and aquariums established by the State or local governments and the agencies affiliated therewith, or zoos and aquariums established with funds or contributions of the State or local governments may receive money and valuables donated voluntarily, in compliance with the purposes of business, such as the conservation, proliferation, survey and research, exhibition, and education of resident animals. |
| (2) | Matters necessary for the procedures for receiving donations under paragraph (1) and others shall be prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries. |
| (3) | The zoos and aquariums shall manage the donations received under paragraph (1) in separate accounts. |
Where the competent permitting authority intends to issue any of the following dispositions, he or she shall hold a hearing:
| 1. | Revocation of permission or suspension of business operations of a zoo or an aquarium under Article 10 (1); |
| 2. | Revocation of designation of a hub zoo or aquarium under Article 24 (3). |
| Article 28 (Delegation and Entrustment of Authority or Duties) |
| (1) | Part of the authority of the Minister of Environment or the Minister of Oceans and Fisheries may be delegated to the head of its affiliated agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu), as prescribed by Presidential Decree. |
| (2) | The duties of the Minister of Environment and the Minister of Oceans and Fisheries under this Act may be entrusted to a relevant specialized institution, as prescribed by Presidential Decree. |
| Article 29 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | An inspector who is not a public official; |
| 2. | An executive officer or employee of a relevant specialized institution who performs the duties entrusted pursuant to Article 28 (2). |
| Article 30 (Penalty Provisions) |
| (1) | Any person who commits an act referred to in Article 15 (1) 1 shall be punished by imprisonment with labor for not more than three years or by a fine of at least three million won but not exceeding 30 million won. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for up to two years or by a fine of at least two million won but not exceeding 20 million won: |
| 1. | A person who operates a zoo or an aquarium without any permission or permission for modification under Article 8; |
| 2. | A person who obtains permission or permission for modification under Article 8 by fraud or other improper means; |
| 3. | A person who operates a zoo or an aquarium during a period of business suspension under Article 10; |
| 4. | A person who commits an act specified in Article 15 (1) 2; |
| 5. | A person who exhibits resident animals by moving them to a place other than the relevant zoo or aquarium, in violation of Article 15 (1) 3; |
| 6. | A person who commits any act specified in Article 15 (2). |
| (3) | Any of the following persons shall be punished by a fine not exceeding five million won: |
| 1. | A person who fails to undergo a regular inspection of health conditions of resident animals under Article 17; |
| 2. | A person who fails in his or her duty to keep and retain records under Article 20 or falsely keeps such records; |
| 3. | A person who fails to submit data under Article 21 (1) and (2) or falsely submits such data; |
| 4. | A person who refuses, obstructs, or evades an access or inspection by the relevant public official under Article 22 (1); |
| 5. | A person who fails to comply with an order to take measures under Article 23 without any good cause. |
| Article 31 (Joint Penalty Provisions) |
Where the representative of a corporation or an organization, or an agent, employee, or any other person employed by the corporation, organization or individual commits any violation under Article 30 in conducting the business affairs of such corporation, organization or individual, not only shall the violator be punished accordingly, but also the corporation, organization or individual be punished by a fine prescribed in said Article: Provided, That this shall not apply where such corporation, organization or individual has not been negligent in giving due attention and supervision over the relevant duties to prevent such violation.
| Article 32 (Administrative Fine) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | Any person who refuses, obstructs, or evades an access and inspection by an inspector under Article 12 (2) without good cause; |
| 2. | Any person who fails to open a zoo or an aquarium to the public pursuant to Article 13 (1); |
| 3. | Any person who fails to report a temporary or permanent closure under Article 13 (2) and (3); |
| 4. | Any person who commits any acts referred to in Article 15 (1) 4; |
| 5. | Any person who fails to give a notice under Article 16 (2); |
| 6. | Any person who fails to give a notice under Article 17 (2); |
| 7. | Any person who fails to give a notice under Article 18 (2); |
| 8. | Any person who fails to receive education under Article 19 (1); |
| 9. | Any person who prevents a person required to receive education under subparagraphs of Article 19 (1) from receiving education, or who fails to bear the expenses incurred in conducting such training, in violation of Article 19 (2). |
| (2) | Administrative fines referred to in paragraph (1) shall be imposed by the competent permitting authority as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measure concerning Registration of Zoos and Aquariums)
The zoos and Aquariums operated as at the time this Act enters into force shall file for registration under Article 3 (1) within one year after this Act enters into force pursuant to Article 3 (1); and the zoos and aquariums registered pursuant to the Museum and Art Gallery Support Act as at the time this Act enters into force shall be deemed to be registered pursuant to Article 3 (1): Provided, That requirements referred to in Article 3 (1) 3 and 5 shall be satisfied within two years from the date this Act enters into force.
ADDENDUM <Act No. 15651, Jun. 12, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16165, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 19086, Dec. 13, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Grounds for Ineligibility)
The amended provisions of Articles 9 and 10 (1) 3 shall begin to apply to the persons who fall under the grounds for ineligibility under the amended provisions of Article 9 on the grounds that occur after this Act enters into force. Article 3 (Applicability to and Transitional Measures concerning Report on Temporary Closure of Zoos and Aquariums)
| (1) | The amended provisions of Article 13 shall begin to apply to the cases where the grounds for not opening a zoo or an aquarium for at least 3 months occur after this Act enters into force. |
| (2) | Where a report on temporary closure of a zoo is filed under the previous provisions of Article 5 before this Act enters into force, a report on temporary closure of a zoo or an aquarium shall be deemed filed pursuant to the amended provisions of Article 13. |
Article 4 (Applicability to Prohibition against Possession of Species at Risk of Death or Disease)
The amended provisions of Article 15 (2) shall begin to apply to resident animals newly possessed by a zoo or an aquarium after this Act enters into force. Article 5 (Applicability to and Transitional Measures concerning Period for Keeping and Retaining Operation and Management Records)
| (1) | The period for retaining records under the amended provisions of Article 20 shall begin to apply to the cases where the relevant matters are recorded after this Act enters into force. |
| (2) | The records retained under the previous provisions of Article 9 as at the time this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 20. |
Article 6 (Transitional Measures concerning Animal Management Committee of Zoos and Aquariums)
The animal management committee of zoos and aquariums as at the time this Act enters into force shall be deemed the animal management committee of zoos or aquariums under this Act.
Article 7 (Transitional Measures concerning Permission for Zoos and Aquariums)
A person who has registered a zoo or an aquarium pursuant to the previous provisions as at the time this Act enters into force (including a person who operates a facility deemed registered as a zoo or an aquarium pursuant to the main clause of Article 2 of the Addenda to the Act on the Management of Zoos and Aquariums (Act No. 14227)) shall be deemed to have obtained permission pursuant to the amended provisions of Article 8: Provided, That such person shall obtain permission after meeting the requirements for permission prescribed in the amended provisions of Article 8 within 5 years from the date this Act enters into force. Article 8 (General Transitional Measures concerning Dispositions)
Any acts conducted by or against the administrative agencies under the previous provisions as at the time this Act enters into force shall be deemed acts by or against the administrative agencies conducted under this Act corresponding thereto.
Article 9 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
The previous provisions shall apply to the imposition of penalty provisions or administrative fines for any acts committed before this Act enters into force.
Article 10 Omitted.
Article 11 (Relationship to Other Statutes or Regulations)
A citation of any provisions of the previous Act on the Management of Zoos and Aquariums in any other statutes or regulations as at the time this Act enters into force shall be deemed a citation of the provisions of this Act in lieu of the previous provisions, if provisions corresponding thereto exist herein.