The purpose of this Decree is to prescribe matters mandated by the Management of Marine Garbage and Contaminated Marine Sediments Act and matters necessary for the enforcement thereof.
| Article 2 (Scope of sea areas) |
| Article 3 (Formulation and implementation of master plans and action plans) |
| (1) | When the Minister of Oceans and Fisheries formulates or modifies a master plan for managing marine garbage and contaminated marine sediments under Article 5 (1) of the Act (hereinafter referred to as “master plan”), the Minister shall submit such plan to the Marine Garbage Management Commission under Article 5-2 (1) of the Act (hereinafter referred to as the "Commission"). <Amended on Sep. 24, 2021> |
| (2) | When the Minister of Oceans and Fisheries formulates or modifies a master plan, the Minister shall notify the heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, a Special Self-Governing City Mayor, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as "Mayors/Do Governors") thereof without delay. |
| (3) | An annual action plan for the master plan under Article 5 (3) of the Act (hereinafter referred to as “action plan”) shall include the following: <Amended on Mar. 12, 2024> |
| 1. | The current status of marine garbage and contaminated marine sediments in sea areas and waters under the relevant jurisdiction, and the performance of treatment, such as collection and detoxification; |
| 2. | Current status of ships, facilities, and equipment which are held by the sea area management authority for the collection, treatment, etc. of marine garbage and contaminated marine sediments in sea areas and waters under the jurisdiction or which are registered by a person who has filed for registration of business of discharging garbage into the sea, marine garbage collection business, or contaminated marine sediment detoxification business under Article 19 of the Act (hereinafter referred to as “marine garbage management business”) and the capital, etc. therefor; |
| 3. | Plans for the following projects for the management of marine garbage and contaminated marine sediments in sea areas and waters under the relevant jurisdiction: |
| (a) | Fact-finding surveys on marine garbage and contaminated marine sediments under Article 6 of the Act; |
| (b) | Prevention of garbage inflow from rivers, etc. into the sea; |
| (c) | Prevention and reduction of the generation of marine garbage and contaminated marine sediments; |
| (d) | Improvement, restoration, and follow-up management of the marine environment contaminated by marine garbage and contaminated marine sediments; |
| (e) | Cooperation with central administrative agencies, local governments, and relevant agencies; |
| (f) | Participation of local residents and education and public relations for them; |
| 4. | Other matters necessary to implement master plans. |
| (4) | A Mayor/Do Governor shall submit to the Minister of Oceans and Fisheries the performance results of the action plan for the previous year and the action plan for the relevant year by January 31 each year. |
| Article 3-2 (Composition and operation of Marine Garbage Management Commission) |
| (1) | “Persons prescribed by Presidential Decree” in Article 5-2 (3) 1 of the Act means the following persons: <Amended on Mar. 12, 2024> |
| 1. | The Vice Minister of Economy and Finance, the Vice Minister of Foreign Affairs, the Vice Minister of the Interior and Safety, the Vice Minister of Trade, Industry and Energy, the Vice Minister of Environment, the Vice Minister of Land, Infrastructure and Transport, the Vice Minister of Oceans and Fisheries, the Minister of Food and Drug Safety, and the Commissioner of the Korea Coast Guard; in cases of an agency that has multiple Vice Ministers, the Vice Minister designated by the head of the relevant agency; |
| (2) | The number of members commissioned by the Minister of Oceans and Fisheries pursuant to Article 5-2 (3) 2 of the Act shall not exceed 10. |
| (3) | The chairperson of the Commission shall convene and preside over meetings of the Commission; provided, if the chairperson is unable to perform his or her duties due to any unavoidable cause, a member predesignated by the chairperson shall act on behalf of the chairperson. |
| (4) | The chairperson and a majority of the members of the Commission shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (5) | Except as provided in paragraphs (1) through (4), detailed matters regarding the composition and operation of the Commission shall be determined by the Minister of Oceans and Fisheries. |
[This Article Added on Sep. 24, 2021]
| Article 3-3 (Composition and operation of working committee) |
| (1) | The working committee under Article 5-2 (6) of the Act (hereinafter referred to as the "working committee") shall be comprised of up to 25 members, including 1 chairperson. |
| (2) | The chairperson of the working committee shall be designated by the Minister of Oceans and Fisheries from among public officials belonging to the Senior Executive Service of the Ministry of Oceans and Fisheries who are in charge of marine garbage-related affairs, and the members of the working committee shall be designated or commissioned from among the following persons: |
| 1. | A person designated by the head of the relevant agency from among public officials of Grade IV or higher in general service (including public officials in special service or in extraordinary civil service corresponding thereto) of the relevant agency to which a member specified in Article 3-2 (1) 1 belongs; |
| 2. | An executive officer or employee of an institution to which a member specified in Article 3-2 (1) 2 through 4 belongs, who is designated by the head of the relevant institution; |
| 3. | A person commissioned by the Minister of Oceans and Fisheries from among persons with extensive expertise and experience in marine garbage. |
| (3) | The term of office of members commissioned pursuant to paragraph (2) 3 shall be 3 years. |
| (4) | The working committee shall handle the following: |
| 1. | Preliminary reviews of the agenda items to be deliberated on and resolved by the Commission; |
| 2. | Matters delegated by the Commission; |
| 3. | Other matters requested by the chairperson of the Commission. |
| (5) | The working committee shall have 1 executive secretary to handle the business affairs of the working committee, who shall be designated by the Minister of Oceans and Fisheries from among public officials of Grade IV or higher of the Ministry of Oceans and Fisheries. |
| (6) | Except as provided in paragraphs (1) through (5), detailed matters regarding the composition and operation of the working committee shall be determined by the Minister of Oceans and Fisheries. |
[This Article Added on Sep. 24, 2021]
| Article 3-4 (Dismissal of members of Commission and working committee) |
If a commissioned member of the Commission or the working committee falls under any of the following categories, the Minister of Oceans and Fisheries may dismiss the relevant member:
| 1. | Where the member becomes unable to perform the duties due to mental or physical disability; |
| 2. | Where the member is found to have committed irregularities in connection with his or her duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of duties, loss of dignity, or any other reason; |
| 4. | Where the member voluntarily declares that it is impracticable for him or her to perform the duties. |
[This Article Added on Sep. 24, 2021]
| Article 3-5 (Hearing opinions) |
The Commission and the working committee may request relevant public officials or experts to attend their meetings to hear the opinions of such officials or experts, if necessary for the performance of their duties.
[This Article Added on Sep. 24, 2021]
| Article 3-6 (Allowances and travel expenses) |
Allowances, travel expenses, and other necessary expenses may be paid or reimbursed to members, relevant public officials, or experts who attend meetings of the Commission and the working committee within the budget; provided, if a member who is a public official or a relevant public official attends a meeting in direct connection with his or her duties, no payment shall be made.
[This Article Added on Sep. 24, 2021]
| Article 4 (Types of garbage that can be discharged into sea and discharge sea areas) |
| (1) | “Garbage prescribed by Presidential Decree” in the former part of Article 7 (2) of the Act means the garbage specified in Appendix 1. |
| (2) | “Sea areas prescribed by Presidential Decree” in the latter part of Article 7 (2) of the Act means the sea areas specified in Appendix 2. |
| Article 5 (Types of garbage to be reclaimed or insulated) |
“Garbage prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 9 (1) of the Act means the following: | 1. | Dredged soil (referring to soil dredged from underwater areas; hereinafter the same shall apply); |
| 3. | Other substances which are publicly notified by the Minister of Oceans and Fisheries as the Minister deems that such substances may be discharged by reclamation or insulation. |
| Article 6 (Application for permission for insulation) |
| (1) | A person who intends to obtain permission to insulate garbage pursuant to Article 9 (2) of the Act shall submit an application for permission in the form prescribed by Ministerial Decree of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents: |
| 1. | An isolation plan that includes the following: |
| (a) | Characteristics, ingredients, and quantity of garbage; |
| (b) | The current status of sea areas in which garbage is to be insulated; |
| (c) | Methods of collecting, transporting, and insulating garbage; |
| (d) | Facilities, equipment, and technical personnel employed to transport and insulate garbage; |
| (e) | The impact of garbage insulation on the marine environment and measures to reduce such impact; |
| (f) | Other matters determined and publicly notified by the Minister of Oceans and Fisheries as necessary for permission to insulate garbage; |
| (2) | The Minister of Oceans and Fisheries shall notify the applicant for permission of whether to grant permission within 30 days from the date of receipt of an application for permission under paragraph (1). |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for permission to insulate garbage shall be prescribed by Ministerial Decree of Oceans and Fisheries. |
| Article 7 (Requirements for carbon dioxide streams) |
“Carbon dioxide streams prescribed by Presidential Decree” in Article 10 (1) of the Act means carbon dioxide streams in a state that meets all of the following requirements in accordance with the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (hereinafter referred to as the "Protocol"): | 1. | Carbon dioxide in carbon dioxide streams shall occupy an overwhelmingly higher proportion than the raw materials used in the industrial processes and the by-products generated in the process of capturing and sequestering carbon dioxide; |
| Article 8 (Application for permission for storage in marine geological structures) |
| (1) | A person who intends to obtain permission for storage of carbon dioxide streams in marine geological structures pursuant to Article 10 (2) of the Act shall submit an application for permission in the form prescribed by Ministerial Decree of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents: |
| 1. | A plan for storage of carbon dioxide streams in marine geological structures that includes the following information: |
| (a) | Characteristics, composition, and quantity of carbon dioxide streams; |
| (b) | Current status of sea areas for storage in marine geological structures; |
| (c) | Methods of capturing, transporting, and storing carbon dioxide streams; |
| (d) | Facilities, equipment, and technical personnel employed for transporting and storing carbon dioxide streams; |
| (e) | Plans to ensure safety in transportation and storage and to monitor thereof; |
| (f) | The impact of storage in marine geological structures on the marine environment and measures to reduce such impact; |
| (g) | Other matters determined and publicly notified by the Minister of Oceans and Fisheries as necessary for granting permission for storage of carbon dioxide streams in marine geological structures; |
| (2) | The Minister of Oceans and Fisheries shall notify the applicant for permission of whether to grant permission within 90 days from the date of receipt of an application for permission under paragraph (1). |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for permission for storage of carbon dioxide streams in marine geological structures shall be prescribed by Ministerial Decree of Oceans and Fisheries. |
| Article 9 (Standards for dredged materials to be utilized) |
| (1) | “Garbage prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 18 (1) of the Act means shells of shellfish. <Added on Mar. 12, 2024> |
| (2) | “Standards prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 18 (1) of the Act means the standards specified in Appendix 3. <Amended on Mar. 12, 2024> |
| (3) | "Uses prescribed by Presidential Decree" in Article 18 (1) 2 of the Act means the use of uncontaminated dredged materials, such as clean sand, and shells of shellfish referred to in paragraph (1) (hereinafter referred to as "dredged material, etc.") by the following methods: <Amended on Mar. 12, 2024> |
| 1. | Covering polluted sediments (referring to covering such sediments with uncontaminated materials); |
| 2. | Replacement of contaminated sediments for the detoxification of fishing grounds; |
| 4. | Creation (limited to cases where shells of shellfish referred to in paragraph (1) are used) of artificial reefs (referring to artificial facilities that assist the reproduction of animals and plants in the sea). |
[Title Amended on Mar. 12, 2024]
| Article 10 (Procedures for registration of marine garbage management business) |
| (1) | A person who intends to file for registration of marine garbage management business pursuant to Article 19 (1) of the Act shall submit an application for registration and accompanying documents prescribed by Ministerial Decree of Oceans and Fisheries to the Minister of Oceans and Fisheries. |
| (2) | The Minister of Oceans and Fisheries shall accept an application for registration under paragraph (1) unless such application falls under any of the following cases: <Amended on Mar. 12, 2024> |
| 1. | Where the standards for technical personnel under Article 19 (2) of the Act and Article 11 of this Decree are not met; |
| 2. | Where the relevant person fails to have ships, facilities, equipment, capital, etc. prescribed by Ministerial Decree of Oceans and Fisheries pursuant to Article 19 (2) of the Act; |
| 3. | Where the relevant person falls under any of the categories specified in the subparagraphs of Article 20 of the Act; |
| 4. | Other cases in violation of the restrictions prescribed in the Act, this Decree, or other statutes or regulations. |
| (3) | The Minister of Oceans and Fisheries shall issue a certificate of registration prescribed by Ministerial Decree of Oceans and Fisheries to a person who has filed for registration of marine garbage management business pursuant to paragraphs (1) and (2) (hereinafter referred to as "marine garbage management business entity"). |
| Article 11 (Standards for technical personnel in marine garbage management business) |
The standards for technical personnel to be met by a person who intends to file for registration of marine garbage management business pursuant to Article 19 (2) of the Act shall be as specified in Appendix 4. <Amended on Mar. 12, 2024> [Title Amended on Mar. 12, 2024]
| Article 11-2 (Education for technical personnel for marine garbage management business) |
| (1) | Education under the former part of Article 21-2 (1) of the Act shall be classified as follows: |
| 1. | Education for new personnel: Education received by technical personnel in the marine garbage management business for at least 20 hours before the lapse of 1 year from the date they first engaged in the relevant business; |
| 2. | Regular education: Education for at least 16 hours every 5 years (referring to the period from January 1 to December 31 of the year in which every fifth anniversary falls) from the date of receiving education for new personnel under subparagraph 1. |
| (2) | Education under the former part of Article 21-2 (1) of the Act shall include the following: |
| 1. | The prevention of, and countermeasures against, marine pollution; |
| 2. | Statutes and regulations and systems related to the prevention of marine pollution; |
| 3. | The management of marine garbage and contaminated marine sediments; |
| 4. | Other matters deemed necessary by the Minister of Oceans and Fisheries for the protection of the marine environment. |
| (3) | Except as provided in paragraphs (1) and (2), detailed matters necessary for conducting education for technical personnel in the marine garbage management business shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
[This Article Added on Mar. 12, 2024]
| Article 12 (Management Center) |
The Marine Garbage and Contaminated Marine Sediment Management Center established under Article 27 (1) of the Act shall conduct the following business affairs: | 1. | Surveys, research, and international cooperation related to marine garbage and contaminated marine sediments; |
| 2. | Collection and integrated management of information on marine garbage and contaminated marine sediments; |
| 3. | Publicity to the public for reducing generation of marine garbage and contaminated marine sediments; |
| 4. | Promotion of cooperation and participation of the private sector for reducing marine garbage and contaminated marine sediments; |
| 5. | Other business affairs deemed necessary by the Minister of Oceans and Fisheries for managing marine garbage and contaminated marine sediments. |
| Article 13 (Entities eligible for financial assistance) |
| (1) | Activities of a corporation or organization eligible for financial assistance under Article 29 (2) of the Act shall be as follows: |
| 1. | Monitoring to prevent pollution by garbage, marine garbage, and contaminated marine sediments (hereafter in this Article referred to as "marine garbage, etc."); |
| 2. | Collection and detoxification of marine garbage, etc.; |
| 3. | Surveys, research, and international cooperation related to marine garbage, etc.; |
| 4. | Domestic and international projects to prevent damage caused by marine garbage, etc.; |
| 5. | Education and publicity related to marine garbage, etc. |
| (2) | A corporation or organization that intends to receive financial assistance pursuant to Article 29 (2) of the Act shall file an application for assistance with the Minister of Oceans and Fisheries by December 31 each year. |
| (3) | Upon receipt of an application under paragraph (2), the Minister of Oceans and Fisheries shall determine whether to provide assistance after consultation with relevant Ministries and experts in the field of marine environment. |
| Article 13-2 (Coastal Cleanup Day) |
| (1) | The Coastal Cleanup Day under Article 29-2 of the Act shall be the third Saturday of September each year. |
| (2) | The Minister of Oceans and Fisheries may hold the following events on a week in which the Coastal Cleanup Day falls; in such cases, the Minister may request relevant administrative agencies, public institutions under Article 4 of the Act on the Management of Public Institutions, or institutions, organizations, or individuals related to the management of marine garbage, to provide cooperation necessary for holding such events: |
| 1. | Granting awards to persons of distinguished service related to the improvement of the coastal environment; |
| 2. | Academic events related to the improvement of the coastal environment; |
| 3. | Other events to raise public awareness of the improvement of the coastal environment. |
[This Article Added on Mar. 12, 2024]
| Article 14 (Reporting, access, and inspections) |
Matters regarding the submission of materials, reporting, verification, inspection, and examination under Article 32 (1) of the Act shall be as follows: <Amended on Mar. 12, 2024> | 1. | Whether the details reported pursuant to Article 7 (4) of the Act by a discharger of garbage into the sea under paragraph (6) of that Article are consistent with the details of entrustment of discharge under paragraph (6) of that Article or the actual discharge; |
| 2. | Whether the technical personnel, ships, facilities, equipment, equipment, capital, etc. that a marine garbage management business entity has are maintained in compliance with the standards for registration under Article 19 (2) of the Act; |
| 3. | Whether a marine garbage management business entity fulfills its duties prescribed in Article 21 of the Act; |
| 4. | Whether human resources, facilities, equipment, etc. that a specialized institution under Article 25 (1) of the Act has are maintained in conformity with the standards for designation under paragraph (5) of that Article. |
| Article 15 (Delegation of authority) |
The Minister of Oceans and Fisheries shall delegate his or her authority over the following matters to the administrator of the competent regional office of oceans and fisheries pursuant to Article 33 (1) of the Act: <Amended on Mar. 12, 2024> | 1. | Formulating and implementing action plans under Article 5 (3) of the Act; |
| 2. | Accepting a report filed by a discharger of garbage into the sea and a report on modification thereof under Article 7 (4) of the Act; |
| 3. | Accepting and receiving a report on succession to the rights and obligations of a discharger of garbage into the sea under Article 7 (7) of the Act; |
| 4. | Receiving a report on the discharge of garbage into the sea due to natural disasters, etc. under Article 8 (2) of the Act; |
| 5. | Issuing an order for investigation, collection, and detoxification under Article 8 (3) of the Act; |
| 6. | Granting permission to insulate garbage under Article 9 (2) of the Act; |
| 7. | Collecting floating garbage under Article 13 (1) of the Act; |
| 8. | Issuing an order to collect floating garbage under Article 13 (2) of the Act; |
| 9. | Detoxifying contaminated marine sediments under Article 16 (1) of the Act; |
| 10. | Issuing an order to detoxify contaminated marine sediments under Article 16 (2) of the Act; |
| 11. | Granting approval of a plan for detoxification of contaminated marine sediments and approval for modification thereof under Article 16 (3) of the Act; |
| 12. | Performing measurement to determine whether sea areas where purification projects are completed are re-contaminated and taking measures to prevent re-contamination, etc. under Article 17 (1) and (2) of the Act; |
| 13. | Accepting a report on the use of dredged materials, etc. and a report on modification thereof under Article 18 (2) of the Act; |
| 14. | Granting approval under the proviso of Article 18 (3) of the Act; |
| 15. | Filing for registration of marine garbage management business and registration of modification under Article 19 (1) of the Act; |
| 16. | Receiving a statement of treatment results under Article 21 (1) of the Act; |
| 17. | Receiving a garbage transfer or takeover form under Article 21 (2) of the Act; |
| 18. | Issuing an order to treat entrusted marine garbage, etc. under Article 22 of the Act; |
| 19. | Accepting and receiving a report on succession to the rights and obligations of a marine garbage management business entity under Article 23 (3) of the Act; |
| 20. | Revoking registration of marine garbage management business and issuing an order to suspend business operations of such business under Article 24 (1) of the Act; |
| 21. | Conducting vicarious execution and collecting expenses under Article 28 of the Act; |
| 22. | Holding a hearing for revocation of registration of marine garbage management business under subparagraph 1 of Article 31 of the Act; |
| 23. | Issuing an order to submit materials and file a report and entering the relevant place and conducting verification, inspection, and examination under Article 32 (1) of the Act; |
| 24. | Imposing and collecting administrative fines under Article 39 of the Act. |
| Article 16 (Entrustment of business affairs) |
| (1) | The Minister of Oceans and Fisheries shall entrust the Korea Marine Environment Management Corporation with the following business affairs pursuant to Article 33 (2) of the Act: <Amended on Mar. 12, 2024> |
| 1. | Conducting fact-finding surveys on marine garbage and contaminated marine sediments under Article 6 (1) of the Act; |
| 2. | Collecting deposited garbage under Article 14 (1) of the Act; |
| 3. | Operating ships, facilities, etc. for the collection, etc. of marine garbage under Article 15 of the Act; |
| 4. | Establishing and operating a Marine Garbage and Contaminated Marine Sediment Management Center under Article 27 of the Act; |
| 5. | Establishing and operating an electronic information processing system under Article 30 (2) of the Act. |
| (2) | The administrator of a regional office of oceans and fisheries may entrust the following business affairs among those delegated pursuant to Article 33 (1) of the Act to the Korea Marine Environment Management Corporation with approval from the Minister of Oceans and Fisheries pursuant to paragraph (3) of that Article: <Added on Mar. 12, 2024> |
| 1. | Collecting floating garbage under Article 13 (1) of the Act; |
| 2. | Detoxifying contaminated marine sediments under Article 16 (1) of the Act; |
| 3. | Performing measurement to determine whether sea areas where purification projects are completed are re-contaminated under Article 17 (1) of the Act. |
| (3) | If the administrator of a regional office of oceans and fisheries entrusts the business affairs specified in the subparagraphs of paragraph (2) to the Korea Marine Environment Management Corporation pursuant to that paragraph, the administrator shall publicly notify the details thereof. <Added on Mar. 12, 2024> |
| Article 16-2 (Re-examination of regulation) |
The Minister of Oceans and Fisheries shall examine the appropriateness of the education of technical personnel in the marine garbage management business under Article 11-2 every 3 years, counting from January 1, 2024 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements. [This Article Added on Mar. 12, 2024]
| Article 17 (Criteria for imposition of administrative fines) |
The criteria for imposition of administrative fines under Article 39 (1) and (2) of the Act shall be as specified in Appendix 5. <Amended on Mar. 12, 2024>
ADDENDA <Presidential Decree No. 31212, Dec. 1, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on December 4, 2020.
ADDENDA <Presidential Decree No. 32010, Sep. 24, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on October 14, 2021.
Article 2 (Transitional measures regarding master plans)
ADDENDA <Presidential Decree No. 33434, Apr. 25, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to administrative dispositions, penalty surcharges, or administrative fines)
The amended provisions of Articles 1 through 61 shall also apply to the cases where administrative dispositions, penalty surcharges, or administrative fines are imposed after this Decree enters into force for any violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 334306, Mar. 12, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on March 15, 2014.
Article 2 (Special cases regarding education for technical personnel in marine garbage management business)
Notwithstanding the amended provisions of Article 11-2 (1) 1, a marine garbage management business entity shall require technical personnel engaged in the relevant marine garbage management business as at the time this Decree enters into force to receive education for new personnel under the amended provisions of that subparagraph by December 31, 2025.