CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Harbor Act and matters necessary for the enforcement thereof.
| Article 2 (Facilities allowed to be installed in Class 2 harbor hinterland complexes) |
"Facilities prescribed by Presidential Decree, such as general business facilities, sales facilities, and residential facilities" in subparagraph 11 of Article 2 and subparagraph 2 of Article 45 of the Harbor Act (hereinafter referred to as the "Act") means the following facilities: <Amended on Jun. 7, 2023> | 1. | General business facilities; |
| 3. | Residential facilities and lodging facilities; |
| 4. | Information processing facilities; |
| 5. | Neighborhood living facilities; |
| 6. | Medical facilities, educational and research facilities, cultural facilities, welfare facilities, sports facilities, leisure facilities for tourism, and amusement facilities. |
| Article 3 (Names of harbors) |
| (1) | The classification, names, locations, and zones of harbors under Article 3 (1) of the Act shall be as specified in Appendix 1. |
| (2) | National trade ports and regional trade ports under Article 3 (2) of the Act shall be as specified in Appendix 2. |
| (3) | National coastal ports and regional coastal ports under Article 3 (3) of the Act shall be as specified in Appendix 3. |
| Article 4 (Composition and operation of Central Harbor Policy Council) |
| (1) | The Central Harbor Policy Council under Article 4 (1) of the Act (hereinafter referred to as the "Central Council") shall be comprised of up to 70 members, including 1 chairperson. <Amended on Apr. 30, 2024> |
| (2) | The Vice Minister of Oceans and Fisheries shall serve as the chairperson of the Central Council, and the following persons shall serve as the members: <Amended on Dec. 29, 2020; Apr. 30, 2024> |
| 1. | A public official each appointed by the head of the relevant agency, from among public officials who are members of the Senior Executive Service or public officials of Grade III, of the Ministry of Economy and Finance, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Korea Customs Service, and the National Fire Agency; |
| 2. | A public official each appointed by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), from among public officials at the director-general level of the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"), who are deemed necessary by the Minister of Oceans and Fisheries in connection with agenda items for deliberation; |
| 3. | A person commissioned by the Minister of Oceans and Fisheries in consideration of gender equality, from among persons who have extensive knowledge of and experience in the development and operation of harbors, urban or Gun planning, architecture, landscape, environment, marine leisure, and technical standards for harbor facilities, and persons who represent harbor users. |
| (3) | The term of office of the members commissioned pursuant to paragraph (2) 3 shall be 2 years. |
| (4) | The chairperson of the Central Council shall convene and preside over meetings of the Central Council or a subcouncil under Article 4 (2) of the Act (hereinafter referred to as "subcouncil"); provided, in cases of a subcouncil for technical standards for harbor facilities and a subcouncil for new harbor construction under Article 7 (1) 4 and 5, the chairperson of the Central Council may separately designate the chairperson of the relevant subcouncil to provide expertise in deliberation. <Amended on Apr. 30, 2024> |
| (5) | A majority of the members of the Central Council or a subcouncil shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (6) | The chairperson of the Central Council or a subcouncil may, if necessary for deliberation on matters under his or her jurisdiction, have a person designated by the head of a local government related to the relevant agenda item attend the relevant meeting and make a statement. |
| Article 5 (Exclusion of, challenge to, or recusal of members) |
| (1) | If any member of the Central Council (hereafter in this Article and Article 6 referred to as “member”) falls under any of the following categories, such member shall be excluded from deliberation and resolution on the relevant agenda item: |
| 1. | If a member or a current or former spouse of a member is a party to the relevant agenda item (including the executive officers of a corporation or organization, etc., if the relevant party is a corporation or organization; hereafter in this subparagraph and subparagraph 2, the same shall apply) or a joint right-holder or joint obligor with such party; |
| 2. | If a member is or was a relative of a party to the relevant agenda item; |
| 3. | If a member has provided advice or service (including subcontracting) or has conducted research, appraisal, or an investigation with respect to the relevant agenda item; |
| 4. | If a member or a corporation, organization, etc. to which a member belongs is or was an agent of a party to the relevant agenda item; |
| 5. | If an enterprise, etc. for which a member works or worked during the last 3 years, as an executive officer or employee has provided advice or service (including subcontracting) or has conducted research, appraisal, or an investigation with respect to the relevant agenda item. |
| (2) | If the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions by a member, a party to the relevant agenda item may file a motion for challenge to the member with the Central Council, which shall decide whether to challenge the member by resolution. In such cases, the member against whom a motion for challenge is filed shall not participate in the resolution process. |
| (3) | If a member falls under any category of grounds for exclusion specified in the subparagraphs of paragraph (1), the member shall recuse himself or herself from deliberation and resolution on the relevant agenda item. |
| Article 6 (Withdrawal of designation of members) |
| (1) | A person who has designated a member pursuant to Article 4 (2) 1 or 2 may withdraw the designation if the member falls under any of the following categories: <Amended on Apr. 30, 2024> |
| 1. | If the member becomes unable to perform his or her duties for a long time due to mental or physical weakness, etc.; |
| 2. | If the member engages in misconduct in connection with his or her duties; |
| 3. | If the member is deemed unsuitable as a member due to neglect of duties, loss of dignity, or any other reason; |
| 4. | If the member fails to recuse himself or herself, despite falling under any category specified in the subparagraphs of Article 5 (1); |
| 5. | If the member indicates his or her intention that it is impracticable to perform his or her duties. |
| (2) | If a member commissioned pursuant to Article 4 (2) 3 falls under any category specified in the subparagraphs of paragraph (1), the Minister of Oceans and Fisheries may dismiss the member. |
| Article 7 (Classification and functions of subcouncils) |
| (1) | The Minister of Oceans and Fisheries shall establish the following subcouncils in the Central Council pursuant to Article 4 (2) of the Act: <Amended on Apr. 30, 2024> |
| 4. | Harbor facility technical standards subcouncil: Deliberation on matters specified in Article 4 (1) 4, 5, and 10 of the Act (limited to matters regarding the technical standards for harbor facilities); |
| 5. | New harbor construction subcouncil: Deliberation on matters prescribed by the New Harbor Construction Promotion Act as matters subject to deliberation by the Central Council and matters specified in Article 4 (1) 10 of the Act (limited to matters regarding the construction of new harbors). |
| (2) | Except as provided in Articles 4 through 6 and paragraph (1) of this Article, matters necessary for the composition and operation of the Central Council and subcouncils shall be determined by the Minister of Oceans and Fisheries. |
| Article 8 (Composition of Regional Harbor Councils) |
| (1) | A Regional Harbor Council under Article 4 (3) of the Act (hereinafter referred to as "Regional Council") shall be comprised of up to 15 members, including 1 chairperson. |
| (2) | The Director General of a Regional Office of Oceans and Fisheries shall serve as the chairperson of a Regional Council under the jurisdiction of the Director General and the deputy Mayor/Do Governor appointed by a Mayor/Do Governor shall serve as the chairperson of a Regional Council under the jurisdiction of the Mayor/Do Governor; and the following persons shall serve as the members of each Regional Council: |
| 1. | A person designated by the head of an administrative agency related to the operation of a harbor located in the relevant area, from among public officials under his or her jurisdiction; |
| 2. | A person designated by the competent Mayor/Do Governor, from among public officials under his or her jurisdiction; |
| 3. | A person that the Director General of a Regional Office of Oceans and Fisheries or a Mayor/Do Governor commissions in consideration of gender equality, from among persons who have extensive knowledge of and experience in the development and operation of harbors. |
| (3) | The term of office of the members commissioned pursuant to paragraph (2) 3 shall be 2 years. |
| (4) | The chairperson of a Regional Council shall convene and preside over meetings of the Regional Council. |
| (5) | A majority of the members of a Regional Council shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (6) | The chairperson of a Regional Council may, if necessary for deliberation on matters under his or her jurisdiction, have a person designated by the head of a local government related to the relevant agenda item attend the relevant meeting and make a statement. |
| (7) | Articles 5 and 6 shall apply mutatis mutandis to the exclusion, challenge, recusal, and withdrawal of designation of members of a Regional Council. In such cases, the "Central Council" shall be construed as a "Regional Council", "Article 4 (2) 1 or 2" as "Article 8 (2) 1 or 2", and "Article 4 (2) 3" as "Article 8 (2) 3", respectively. |
| Article 9 (Functions of Regional Councils) |
A Regional Council shall deliberate on the following:
| 1. | Matters delegated among matters subject to deliberation by the Central Council; |
| 2. | Matters regarding development, redevelopment, management, and operation of harbors under the jurisdiction of the Regional Council. |
| Article 10 (Payment of allowances) |
Allowances may be paid and travel expenses may be reimbursed, within the budget, to members who attend meetings of the Central Council, a subcouncil, or a Regional Council or have reviewed agenda items; provided, this shall not apply if a member who is a public official attends a meeting or has reviewed agenda items in connection with his or her duties.
CHAPTER II HARBOR MASTER PLANS
| Article 11 (Designation of dedicated institution) |
| (2) | A dedicated institution under paragraph (1) shall perform the following business affairs: |
| 1. | Survey of the current status of domestic and foreign traffic volume of harbors and analysis of fluctuation factors; |
| 2. | Mid- to long-term and annual forecast of traffic volume of harbors; |
| 3. | Survey and research on demand for and appropriateness of harbor development and other relevant factors necessary for the reasonable formulation and modification of harbor master plans under Article 5 (1) of the Act (hereinafter referred to as “harbor master plans”) and action plans under paragraph (3) of that Article. |
| Article 12 (Minor modification of harbor master plans) |
"Modification to minor matters prescribed by Presidential Decree" in the proviso of Article 7 (3) of the Act means any of the following modification: <Amended on Jan. 16, 2024> | 1. | Modification of up to 10/100 of the scale or area of a harbor development project for each harbor facility; |
| 2. | Modification of a harbor master plan to reflect matters regarding harbor development included in any of the following plans as they are: |
| 3. | Modification of a harbor master plan to reflect matters regarding harbor development included in any of the following as they are: |
| 4. | Any of the following modification: |
| (a) | Modification of location of harbor facilities without an increase in reclaimed areas of public waters; |
| (b) | Modification of the name of a harbor facility without a change in the size of the harbor facility; |
| (c) | Increase in the berthing capacity of a mooring facility without a change in the size of the mooring facility; |
| (d) | Modification of the facilities of a dolphin (referring to a pile, etc. for anchoring or berthing ships; hereinafter the same shall apply) within the range of the normal line (the line extending from the upper end of the surface where the vessel berths at the mooring facility) of the dolphin; |
| (e) | Modification to minor matters equivalent to those prescribed in items (a) through (d). |
CHAPTER III DEVELOPMENT OF HARBORS
| Article 13 (Application for permission to implement harbor development projects) |
| (1) | A person who intends to obtain permission to implement or modify a harbor development project (excluding permission to implement or modify a harbor development project for the maintenance or repair of a harbor facility) pursuant to the main clause, with the exception of the subparagraphs, of Article 9 (2) of the Act or paragraph (6) of that Article shall submit an application for permission in the form prescribed by Ministerial Decree of Oceans and Fisheries, stating the following information, to the relevant management authority: <Amended on Dec. 29, 2020> |
| 1. | The name or title and address of the applicant; |
| 2. | The name of the harbor and the type of the harbor development project; |
| 3. | The purpose of the harbor development project; |
| 4. | The place, scale, period, and methods of the harbor development project. |
| (2) | An application for permission under paragraph (1) shall be accompanied by the following documents and drawings; provided, in cases of an application for permission for modification, only the documents and drawings corresponding to the modified matters may be attached: <Amended on Jul. 4, 2022> |
| 1. | A business plan for the implementation of the harbor development project and drawings and specifications prescribed by Ministerial Decree of Oceans and Fisheries; |
| 2. | The total project cost necessary for the harbor development project and the calculation statement thereof; |
| 3. | A financing plan for the harbor development project (in cases of a corporation, financial statements shall also be attached thereto); |
| 4. | The topographic map with a scale of at least 1:5000 or a general floor plan or a cadastral floor plan equivalent thereto, and a planned floor plan including adjacent land; |
| 5. | Results of a feasibility study conducted under Article 14 (2) (applicable only to a harbor development project specified in Article 9 (3) 5 of the Act that develops a parcel of land or a harbor facility in the form of land which is not vested in the State or a City/Do); |
| 6. | Documents regarding the criteria under Article 9 (8) of the Act which are prescribed by Ministerial Decree of Oceans and Fisheries, such as a plan for compensation for investment expenses (applicable only to a harbor development project publicly announced pursuant to Article 9 (7) of the Act). |
| (3) | The Minister of Oceans and Fisheries shall determine and publicly notify the standards and methods for evaluating a financing plan under paragraph (2) 3. |
| (4) | A person who intends to obtain permission to implement or modify a harbor development project for the maintenance or repair of a harbor facility pursuant to the main clause, with the exception of the subparagraphs, of Article 9 (2) of the Act or paragraph (6) of that Article shall submit an application for permission in the form prescribed by Ministerial Decree of Oceans and Fisheries, stating the following information, to the relevant management authority, along with drawings prescribed by Ministerial Decree of Oceans and Fisheries, such as a floor plan: <Amended on Dec. 29, 2020> |
| 1. | Information specified in paragraph (1) 1 through 3; |
| 2. | The section, scale, and period of the harbor development project for maintenance or repair; |
| 3. | A plan for the use of a harbor facility necessary for the harbor development project for maintenance or repair. |
| Article 14 (Location criteria for cargo manufacturing facilities) |
| (3) | A person who is required to conduct a feasibility study through a research institute under paragraph (2) and the timing for conducting such study shall be as follows: <Amended on Jul. 4, 2022> |
| 1. | In cases of a harbor development project for land and a harbor facility which are vested in the State or a City/Do: The relevant management authority shall conduct the feasibility study before making a public announcement under Article 9 (7) of the Act; |
| 2. | In cases of a harbor development project for land and a harbor facility in the form of land which are not vested in the State or a City/Do: A person who intends to obtain permission to implement a harbor development project or to modify any permitted matter (limited to modification of the total project cost from less than 50 billion won to at least 50 billion won) pursuant to the main clause, with the exception of the subparagraphs, of Article 9 (2) of the Act or paragraph (6) of that Article before filing an application for the relevant permission. |
| Article 15 (Matters subject to permission for modification of harbor development projects) |
“Matters prescribed by Presidential Decree” in the former part of Article 9 (6) of the Act means the following: <Amended on Dec. 29, 2020; Jul. 4, 2022> | 1. | The name or title of a person who has obtained permission from the relevant management authority pursuant to the main clause, with the exception of the subparagraphs, of Article 9 (2) of the Act; |
| 2. | The type of the harbor development project; |
| 3. | The purpose of the harbor development project; |
| 4. | The place, scale, period, and methods of the harbor development project. |
| Article 16 (Harbor development projects subject to public announcement) |
“Harbor development project exceeding the scale prescribed by Presidential Decree” in Article 9 (7) of the Act means any of the following projects to develop land and a harbor facility which are vested in the State or a City/Do pursuant to the main clause of Article 15 (1) of the Act: <Amended on Dec. 29, 2020> | 1. | A project for the construction and reconstruction (including reinforcement) of a harbor facility of at least 3 billion won in development project costs (referring to development project costs under Article 25 (1) 3; hereafter in this Article, the same shall apply); |
| 2. | A dredging project with a development project cost of at least 3 billion won; provided, a dredging project for which the State or City/Do does not compensate for investment costs shall be excluded herefrom; |
| 3. | Other harbor development projects deemed necessary by the relevant management authority to be publicly announced. |
| Article 17 (Public announcement of implementation plans for harbor development projects) |
| (1) | An implementation plan for a harbor development project under Article 10 (1) of the Act (hereinafter referred to as "implementation plan for a harbor development project") shall include the following: |
| 1. | The name (in cases of a corporation, the name of the corporation and the name of its representative) and address of the developer of the harbor development project; |
| 2. | Matters specified in Article 13 (1) 2 through 4; |
| 3. | Except as provided in subparagraphs 1 and 2, details necessary for implementing the harbor development project. |
| (2) | A public announcement under Article 10 (1) of the Act shall be made by publishing the matters specified in the subparagraphs of Article 17 (1) of this Decree in the Official Gazette, public gazette, or daily newspapers (referring to general daily newspapers registered as nationwide circulation pursuant to Article 9 (1) of the Act on the Promotion of Newspapers; hereinafter the same shall apply) and by posting such matters on the relevant website or at a place easily visible to interested parties in a prearranged area for a harbor development project. |
| (3) | Modification to minor matters under the main clause of Article 10 (1) of the Act and the proviso of paragraph (2) of that Article shall be as follows: |
| 1. | Modification to matters specified in paragraph (1) 1; |
| 2. | Modification within the scope of 5/100 to the total project cost; |
| 3. | Modification within the scope of 5/100 to the project area; |
| 4. | Modification to location and structure of a harbor facility, etc. due to topographical or geological conditions; |
| 6. | Modification to the period of project implementation within the scope of 1 year (if the period of project implementation is modified several times, referring to the case where the sum of the periods modified does not exceed 1 year); |
| 7. | Correction of simple errors or omissions or correction of the project area, etc. due to errors in surveying, etc. |
| Article 18 (Application for approval of implementation plans for harbor development projects) |
| (1) | If a person who has obtained permission from a management authority pursuant to the main clause, with the exception of the subparagraphs, of Article 9 (2) of the Act (hereinafter referred to as "non-management authority") intends to obtain approval of an implementation plan for a harbor development project or approval for modification thereto pursuant to Article 10 (2) of the Act, the person shall submit an application for approval in the from prescribed by Ministerial Decree of Oceans and Fisheries to the relevant management authority, along with the following documents; provided, if the person intends to obtain approval for modification, he or she may attach only documents corresponding to the modified matters: <Amended on Dec. 29, 2020; May 7, 2024> |
| 1. | A location map with a scale of at least 1/5000 and an actual surveyed cadastral floor plan showing permitted areas; |
| 2. | Drawings and specifications for implementation of a harbor development project; |
| 3. | A funding plan (including annual fund investment plans and financing plans); |
| 4. | The statement of environmental impact assessment under Article 27 of the Environmental Impact Assessment Act, the details of consultation notified pursuant to Article 29 of that Act, and a plan for measures to be taken accordingly (applicable only to cases where the relevant project is included in the scope of projects subject to environmental impact assessment under Article 31 (2) and Appendix 3 of the Enforcement Decree of that Act); |
| 5. | The statement of traffic impact assessment under Article 16 of the Urban Traffic Improvement Promotion Act, the results of deliberation on the statement of traffic impact assessment under Article 17 of that Act, and an implementation plan (applicable only to where the relevant project is included in the scope of projects subject to traffic impact assessment under Article 13-2 (3) and Appendix 1 of the Enforcement Decree of that Act); |
| 8. | A plan for the use, profit-making, management, and disposal of land (limited to land designated as a harbor hinterland complex pursuant to Article 45 of the Act) that is to be developed through a harbor development project (including a plan for requests for sale under Article 16 of the Act on land necessary for achieving the objectives of the harbor development project). |
| (2) | If deemed necessary, the management authority may approve an implementation plan in each stage of a harbor development project. In such cases, an application for approval of an implementation plan in each stage shall be filed before the date of completion of the project in the preceding stage. <Amended on Dec. 29, 2020> |
| (3) | With respect to a harbor development project subject to public announcement under subparagraphs 1 and 2 of Article 16 and a harbor development project for land and a harbor facility created in the form of land under Article 24 (1) and (5), the relevant management authority shall request a specialized institution to examine whether the drawings and specifications for implementation of the harbor development project under paragraph (1) 2 (hereinafter referred to as "drawings and specifications for implementation of the harbor development project") are appropriate. The same shall also apply to approval for modification to approved matters, which is determined by the management authority. <Amended on Dec. 29, 2020> |
| (4) | Notwithstanding paragraph (1), when filing an application for implementation permission under Article 13 (1) or (4) for any of the following harbor development projects, a non-management authority may concurrently file an application for approval of an implementation plan for the relevant harbor development project, along with the drawings and specifications for implementation of the harbor development project: <Amended on Dec. 29, 2020> |
| 1. | Paving of open storage yards; |
| 2. | Installation (including extension, reconstruction, maintenance, and repair; hereafter in this Article, the same shall apply) of warehouses, barns, and auction houses; |
| 3. | Installation of stevedoring equipment, cargo conveying equipment, piping systems, and weight measuring equipment; |
| 4. | Installation of slipways (structures and facilities by which ships can be moved up on the ground) and facilities for producing and supplying ice; |
| 6. | Installation of support facilities (referring to support facilities installed on harbor facilities and land which are not vested in the State or a City/Do pursuant to the proviso of Article 15 (1) of the Act, and excluding facilities for manufacturing cargos); |
| 7. | Installation of minor facilities recognized by the relevant management authority, other than harbor development projects specified in subparagraphs 1 through 6. |
| Article 19 (Report on implementation plans for port development projects) |
| (1) | “Harbor Facilities prescribed by Presidential Decree” in Article 10 (5) of the Act means harbor facilities specified in the subparagraphs of Article 24 (4), excluding the following facilities: |
| 1. | Mooring facilities under subparagraph 5 (a) (iv) of Article 2 of the Act; |
| 2. | Facilities for the distribution and sale of cargos under subparagraph 5 (b) (iv) of Article 2 of the Act; |
| 3. | Facilities to assemble, process, pack, and manufacture cargos under subparagraph 5 (c) (iii) of Article 2 of the Act. |
| (2) | If a non-management authority intends to report the formulation of an implementation plan for a harbor development project pursuant to Article 10 (5) of the Act, the authority shall submit a report in the form prescribed by Ministerial Decree of Oceans and Fisheries to the relevant management authority, along with the documents specified in Article 18 (1) 1 and 2; provided, if a non-management authority intends to implement any harbor development project specified in the subparagraphs of Article 18 (4) as a project subject to reporting under Article 10 (5) of the Act, when the authority files an application for permission for implementation thereof pursuant to Article 13 (1) or (4), the authority may concurrently report an implementation plan for the harbor development project, along with the drawings and specifications for implementation of such project. <Amended on Dec. 29, 2020> |
| Article 20 (Extension of deadline for filing application for approval of implementation plans for harbor development projects or for filing report) |
“Grounds prescribed by Presidential Decree” in the proviso of Article 10 (6) of the Act means any of the following grounds: <Amended on Dec. 29, 2020> | 1. | Where it becomes impracticable to formulate an implementation plan for a harbor development project without any cause attributable to a non-management authority, such as a change in the conditions of the harbor development project; |
| 2. | Where the relevant management authority deems that there is any unavoidable reason to extend the deadline for filing an application for approval or for filing a report. |
| Article 21 (Public announcement of completion) |
If a management authority implements and completes a harbor development project, the authority shall publish the following matters in the Official Gazette or public gazette or shall publicly announce such matters on the website of the Ministry of Oceans and Fisheries or the competent City/Do pursuant to Article 12 (1) of the Act: <Amended on Dec. 29, 2020> | 1. | The name or title of the developer of the harbor development project; |
| 2. | The name of the harbor and the type of the harbor development project; |
| 3. | The purpose, place, scale, period, and methods of the harbor development project; |
| 5. | The date of completion of the harbor development project. |
| Article 22 (Completion inspection) |
A completion inspection under Article 12 (3) of the Act shall be conducted by the relevant management authority by means of on-site verification, etc.; provided, if the following documents can be verified, a completion inspection may be substituted by the verification of such documents: <Amended on Dec. 29, 2020; Feb. 9, 2021; Sep. 14, 2021> | 3. | In cases of construction works for harbor facilities that are not vested in the State or a City/Do pursuant to the proviso of Article 15 (1) of the Act: A written approval for use issued by a permitting authority pursuant to Article 22 (2) of the Building Act. |
| Article 23 (Vicarious execution of harbor development projects to be implemented by non-management authority) |
If a management authority intends to implement a harbor development project to be implemented by a non-management authority on behalf of the non-management authority pursuant to Article 14 (2) of the Act, the authority shall have a prior consultation with the non-management authority on the following: <Amended on Dec. 29, 2020> | 1. | The type, scale, and amount of the harbor development project; |
| 2. | The period of the harbor development project (including the scheduled date of commencement and completion of the project and major processes); |
| 3. | Methods of payment of expenses necessary for the harbor development project and matters regarding the management of funds. |
| Article 24 (Land and harbor facilities not vested in the State) |
| (1) | Land not vested in the State or a City/Do pursuant to the proviso of Article 15 (1) of the Act shall be land that meets all of the following requirements: <Amended on Dec. 29, 2020> |
| 1. | It shall not fall within the scope of land vested in the State or a City/Do under Appendix 4; |
| 2. | The value of the relevant land shall not exceed the limit of the total project cost under Article 25; in such cases, the total project cost shall be calculated based on the amount used for the development works of the relevant land. |
| (2) | The value of the land referred to in paragraph (1) 2 shall be the arithmetic mean of the values appraised by at least 2 appraisal corporations, etc. (referring to appraisal corporations, etc. defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers; hereinafter the same shall apply) designated by a management authority, as prescribed by Ministerial Decree of Oceans and Fisheries, based on the date of application for confirmation of completion of the relevant harbor development project implemented by a non-management authority. <Amended on Dec. 29, 2020> |
| (3) | If the appraised value of an appraisal corporation, etc. under paragraph (2) falls under any of the following categories, the relevant management authority may require at least 2 other appraisal corporations, etc. to reappraise the value of the relevant land; in such cases, the value of the land shall be the arithmetic mean of the values reappraised by the appraisal corporations, etc.: <Amended on Dec. 29, 2020> |
| 1. | Where the appraised value is appraised in violation of the relevant statutes or regulations; |
| 2. | Where there is any special reason which makes it impossible to recognize the appraised value of an appraisal corporation, etc. as appropriate because the appraisal corporation, etc. conducts an unfair appraisal, etc.; |
| 3. | Where the highest appraised value exceeds 130 percent of the lowest appraised value. |
| (4) | Harbor facilities not vested in the State or a City/Do pursuant to the proviso of Article 15 (1) of the Act shall be as follows: <Amended on Dec. 29, 2020; Jul. 4, 2022> |
| 1. | Facilities for stevedoring cargos (excluding rail facilities necessary for operating fixed stevedoring equipment) and weight measurement equipment; |
| 2. | Silos (excluding where a non-management authority extends a silo owned by the State or a City/Do), oil storage facilities, and gas storage facilities; |
| 3. | Facilities prescribed by Ministerial Decree of Oceans and Fisheries, among the following facilities installed by a non-management authority for the purpose of exclusive use; in such cases, if a subsidiary (referring to a subsidiary under Article 342-2 (1) of the Commercial Act) or an affiliate (referring to an affiliate under the Monopoly Regulation and Fair Trade Act) of the non-management authority leases and uses a facility vested in the non-management authority pursuant to the former part in order to install and use a facility prescribed by Ministerial Decree of Oceans and Fisheries, the non-management authority shall be deemed to exclusively use the vested facility: |
| (a) | Mooring facilities and navigational aids; |
| (b) | Facilities for the distribution and sale of cargos and auction houses (excluding auction houses falling under the facilities specified in subparagraph 4); |
| (c) | Facilities for vessel supplies and facilities for control, information and telecommunications, public relations, and security of harbors; |
| 5. | Pollution prevention facilities; |
| 6. | Support facilities; provided, excluded herefrom shall be facilities for public services developed by a management authority (including the Director General of a Regional Office of Oceans and Fisheries to whom the authority to implement a harbor development project under Article 9 (1) of the Act has been delegated pursuant to Article 93) among harbor-related business facilities; |
| 7. | Marine leisure facilities and marine culture and education facilities among harbor waterfront facilities; |
| 8. | Other facilities that the relevant management authority deems unnecessary to be vested in the State or a City/Do because of the specific purpose of exclusive use by a non-management authority. |
| (5) | Notwithstanding paragraph (4), paragraphs (1) (excluding the requirements specified in subparagraph 1), (2), and (3) shall apply to harbor facilities created in the form of land among harbor facilities specified in the subparagraphs of the that paragraph. |
[Title Amended on Dec. 29, 2020]
| Article 25 (Scope of total project cost) |
| (1) | The total project cost under Article 15 (3) of the Act shall be the aggregate of the following costs and expenses actually used in connection with the relevant harbor development project based on the date of filing an application for confirmation of completion of the project: <Amended on Aug. 26, 2020; Sep. 14, 2021; Jul. 4, 2022> |
| 1. | Survey costs: Survey costs for the implementation of a harbor development project and other survey costs not included in the net construction expenses, which shall be calculated in accordance with the standards for calculating the prices of engineering projects under Article 31 (2) of the Engineering Industry Promotion Act; |
| 3. | Development project costs: The sum of material costs, labor costs, expenses, general management expenses, and profits for implementing a harbor development project, which shall be calculated in accordance with the standards for determining budget prices under Article 9 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party and the Government-standard estimated commodity prices and unit prices (referring to the prices publicly notified by the Government, if any); |
| 4. | Compensation Expenses: Expenses for purchasing land (including expenses for purchasing buildings, standing trees, etc.), relocation countermeasure expenses, and compensation expenses for rights such as business rights, fishery rights, aquaculture business rights, mining rights, which are paid to implement a harbor development project; |
| 5. | Incidental expenses: The sum of the following expenses: |
| (c) | Environmental impact assessment expenses, expenses for investigation of damage impact, reclamation license fees, appraisal fees, non-life insurance premiums for construction work; |
| (d) | Other taxes, public charges, charges, fees, and all other expenses incurred in fulfilling the conditions for the implementation of a harbor development project under statutes or regulations; |
| 6. | Construction interests: Construction interests on costs and expenses prescribed in subparagraphs 1 through 5 (interest rate shall be the weighted average of the interest rates on time deposits and the interest rates on loans among the weighted average rates of deposit banks announced by the Bank of Korea during the project period, and details on the application thereof shall be determined and publicly notified by the Minister of Oceans and Fisheries); provided, if the project period is extended due to reasons attributable to a non-management authority prescribed by Ministerial Decree of Oceans and Fisheries, such as where a non-management authority intentionally delays a development project or fails to obtain confirmation of completion from a management authority at the time specified in the implementation plan for the harbor development project due to negligence of the non-management authority, the construction interest for the extended period shall be excluded herefrom; |
| (2) | Costs and expenses prescribed in paragraph (1) 1 through 5 shall be based on evidentiary documents, such as a contract for work and a tax invoice. |
| (3) | In calculating the total project cost under paragraph (1), the following expenses shall not be included in the cost: <Amended on Jul. 4, 2022> |
| 1. | Expenses related to a project for developing land and harbor facilities not vested in the State or a City/Do under the proviso of Article 15 (1) of the Act; |
| 2. | Expenses not verified by evidentiary documents under paragraph (2); |
| 3. | Expenses prescribed by Ministerial Decree of Oceans and Fisheries, such as expenses incurred in the dredging of waterfront facilities implemented by a non-management authority for its exclusive use; |
| 4. | Guaranty insurance premiums for defect repair. |
| Article 26 (Gratuitous use of vested harbor facilities) |
| (1) | The period during which harbor facilities may be used gratuitously pursuant to Article 15 (3) of the Act shall be until the aggregate of the following user fees amounts to the total project cost calculated pursuant to Article 25; in such cases, the user fees for harbor facilities to be applied in calculating the period of gratuitous use shall be based on the user fees for harbor facilities at the time of using the relevant harbor facilities, and the user fees for harbor facilities in a free trade zone designated pursuant to Article 4 of the Act on Designation and Management of Free Trade Zones shall be based on the rent under Article 17 (2) or 18 (2) of that Act: <Amended on Jul. 4, 2022> |
| 1. | User fees for using harbor facilities vested in the State or a City/Do at a cost; |
| 2. | User fees for harbor facilities collected from others pursuant to Article 43 of the Act; |
| 3. | User fees paid if persons specified in Article 45 (1) 7 use harbor facilities exempted from user fees at a cost. |
| (2) | Notwithstanding Article 25, if a non-management authority acquires ownership of land pursuant to the proviso of Article 15 (1) of the Act, the period of gratuitous use under paragraph (1) shall be calculated by determining the balance excluding the relevant land price as the total project cost. |
| (3) | Article 24 (2) shall apply to the calculation of land value under paragraph (2). |
| Article 27 (Scope of land subject to request for sale) |
| (1) | “Land prescribed by Presidential Decree” in the former part of Article 16 (1) of the Act means land that meets all of the following requirements: |
| 1. | It shall be land (excluding sites for public facilities) designated as a harbor hinterland complex pursuant to Article 45 of the Act; |
| 2. | It shall be land for which a plan for a request for sale to achieve the purpose of the relevant harbor development project is specified in a plan under Article 18 (1) 8. |
| (2) | Article 24 (2) and (3) shall apply mutatis mutandis to the procedures for calculating the selling price of land under Article 16 (2) of the Act. In such cases, "value of the land referred to in paragraph (1) 2" shall be construed as "selling price of land under Article 16 (2) of the Act", and "date of application for confirmation of completion of the relevant harbor development project implemented by a non-management authority" as "date on which a non-management authority requests the sale of land", respectively. |
| Article 28 (Restrictions on transfer of non-vested land and harbor facilities) |
| (1) | “Land and harbor facilities prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 19 (1) of the Act means the following land and harbor facilities: <Amended on Jul. 4, 2022> |
| 2. | Harbor facilities under Article 24 (4) 3, 4, 6, 7, and 8 (limited to facilities recognized by the relevant management authority as likely to be developed for the purpose of speculation). |
| (2) | “Inheritance or any other cases prescribed by Presidential Decree” in Article 19 (1) 2 of the Act means any of the following cases: <Amended on Jul. 4, 2022> |
| 1. | Where ownership is transferred by inheritance or division or merger of corporations; |
| 2. | Where disposal is made following declaration of bankruptcy; |
| 4. | Where a non-management authority (excluding corporations) converts all of the land and harbor facilities developed through a harbor development project into a corporation by making investment in kind; |
| 5. | Where a person whose occupancy contract is terminated pursuant to Article 72 of the Act disposes of land, factories, buildings, or other facilities owned in a Class 1 harbor hinterland complex; |
| 6. | Where a management authority deems it inevitable for a non-management authority to dispose of land and harbor facilities for the efficient management and operation of the relevant harbor. |
CHAPTER IV MANAGEMENT AND USE OF HARBORS
| Article 29 (Establishment of districts) |
If a management authority intends to establish a district pursuant to Article 21 of the Act, it shall determine and publicly notify the name, location, and area of the district, and the types of cargo handled and ships entering and departing from harbors. <Amended on Dec. 29, 2020>
| Article 30 (Designation of harbor management corporations) |
| (1) | A person who intends to be designated as a harbor management corporation under Article 23 (1) of the Act (hereinafter referred to as "harbor management corporation") shall submit an application for designation as a harbor management corporation in the form prescribed by Ministerial Decree of Oceans and Fisheries to the Minister of Oceans and Fisheries or a Mayor/Do Governor, along with the following documents: <Amended on Dec. 29, 2020> |
| 1. | A documents stating the names of executive officers; |
| 2. | The articles of incorporation; |
| 3. | A business plan (including the grounds for calculating the expenses, etc. for cargo, if such expenses, etc. are collected). |
| (2) | The Minister of Oceans and Fisheries or a Mayor/Do Governor shall designate a harbor management corporation from among persons who have professional human resources and organizations capable of taking charge of the management, guarding, security, etc. of harbor facilities. <Amended on Dec. 29, 2020> |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the standards for designation, scope of business, etc. of harbor management corporations shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 31 (Submission of business plans) |
| (1) | A harbor management corporation shall prepare a business plan and a budget bill for the following business year and submit them to the Minister of Oceans and Fisheries or the competent Mayor/Do Governor by November 30 each year; and if such corporation modifies the relevant plan and bill, it shall submit the modified plan and bill to the Minister of Oceans and Fisheries or the competent Mayor/Do Governor without delay. <Amended on Dec. 29, 2020> |
| (2) | A harbor management corporation shall prepare a statement of accounts of revenue and expenditure for each business year and submit it to the Minister of Oceans and Fisheries or the competent Mayor/Do Governor by March 20 of the following year. <Amended on Dec. 29, 2020> |
| Article 32 (Guidance and supervision) |
| (1) | The Minister of Oceans and Fisheries or a Mayor/Do Governor shall guide and supervise harbor management corporations and, if deemed necessary, may require them to report matters regarding their business affairs, accounting, and property or may have public officials under his or her jurisdiction inspect books, documents, facilities, and other articles of the harbor management corporation. <Amended on Dec. 29, 2020> |
| (2) | If the Minister of Oceans and Fisheries or a Mayor/Do Governor discovers any illegality from an inspection conducted under paragraph (1), he or she may order the relevant harbor management corporation to make correction thereof. <Amended on Dec. 29, 2020> |
| Article 33 (Establishment, operation, and use of integrated harbor logistics information systems) |
| (1) | The Minister of Oceans and Fisheries shall establish an integrated harbor logistics information system for each harbor pursuant to Article 26 (1) of the Act. |
| (2) | The Minister of Oceans and Fisheries shall develop standard forms and standard electronic documents necessary for handling civil petitions and business affairs related to harbor logistics through an integrated harbor logistics information system. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for establishing, operating, and using integrated harbor logistics information systems shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 34 (Establishment and operation of integrated harbor construction information system) |
| (1) | “Dedicated institution prescribed by Presidential Decree” in Article 27 (3) of the Act means the Korea Ports and Harbours Association established pursuant to Article 102 (1) of the Act (hereinafter referred to as the "Association"). <Amended on Jun. 7, 2023> |
| (2) | If the Minister of Oceans and Fisheries intends to entrust the establishment and operation of the integrated harbor construction information system under Article 27 (1) of the Act to the dedicated institution pursuant to Article 27 (3) of the Act, the Minister shall conclude an agreement on the following: <Added on Jun. 7, 2023> |
| 1. | Details and scope of the entrusted business affairs; |
| 2. | Methods of conducting the entrusted business affairs; |
| 3. | Methods of paying expenses necessary to conduct the entrusted business affairs and matters regarding the management of such funds; |
| 4. | Other matters deemed necessary by the Minister of Oceans and Fisheries to efficiently conduct the entrusted business affairs. |
| (2) | The Minister of Oceans and Fisheries shall develop standard forms and standard electronic documents necessary for handling civil petitions and business affairs related to harbor construction through the integrated harbor construction information system. <Amended on Jun. 7, 2023> |
| (4) | Except as provided in paragraphs (1) through (3), matters regarding the establishment and operation of the integrated harbor construction information system shall be determined by the Minister of Oceans and Fisheries. <Amended on Jun. 7, 2023> |
| Article 35 (Prohibited acts) |
“Acts prescribed by Presidential Decree” in Article 28 (1) 3 of the Act means any of the following acts performed in a harbor zone or harbor facility: | 1. | Extracting soil, stones, or gravel, or catching, harvesting, or cultivating aquatic animals and plants without good cause; |
| 2. | Causing harm to citizens' health and environment due to water pollution, etc.; |
| 3. | Dumping dredged soil and sand in a place other than a designated place. |
| Article 36 (Areas subject to environmental status surveys) |
| Article 37 (Procedures for environmental status surveys) |
| (1) | If the Minister of Oceans and Fisheries intends to conduct an environmental status survey, the Minister shall formulate a plan for environmental status surveys of harbor zones (hereafter in this Article referred to as "survey plan"), including the methods, etc. for environmental status surveys, in consultation with the heads of relevant central administrative agencies and Mayors/Do Governors. |
| (2) | The Minister of Oceans and Fisheries shall notify the heads of relevant central administrative agencies and Mayors/Do Governors of the details of the survey plan formulated pursuant to paragraph (1). |
| (3) | The Minister of Oceans and Fisheries shall conduct an environmental status survey in accordance with the survey plan and shall notify the results thereof to the heads of relevant central administrative agencies and Mayors/Do Governors. |
| (4) | The Minister of Oceans and Fisheries may formulate and implement measures for environmental improvement and maintenance of the relevant harbor facilities based on the results of an environmental status survey under paragraph (3). In such cases, for a harbor facility managed and operated by a person who conducts business in a harbor zone after obtaining a license or permission or filing for registration, etc. pursuant to the relevant statutes or regulations, such as the Act, the Marine Transportation Act, and the Harbor Transport Business Act (hereafter in this Article referred to as "harbor business entity"), the Minister may notify the results of the environmental status survey to the relevant harbor business entity so that the entity can take necessary measures, such as maintenance of the harbor facility. |
| Article 38 (Scope of facilities and equipment) |
“Harbor facilities prescribed by Presidential Decree” in Article 31 (1) of the Act means the facilities and equipment specified in Appendix 5.
| Article 39 (Exemption from inspections) |
| (1) | “Inspections, checkups, diagnoses, etc. prescribed by Presidential Decree” in Article 34 (1) 3 of the Act means any of the following: |
| (2) | Construction project management and supervision, including the vicarious exercise of supervisory authority under paragraph (1) 1 and 2 shall be limited to cases where technical human resources and facilities prescribed by Ministerial Decree of Oceans and Fisheries are employed. |
| (3) | Facilities and equipment subject to inspection under paragraph (1) 3 shall be limited to facilities and equipment specified in subparagraphs 9 and 16 of Appendix 5. |
| Article 40 (Technical standards for harbor facilities) |
| (1) | “Harbor facilities prescribed by Presidential Decree” in Article 36 (1) of the Act means the following facilities: |
| 1. | Port traffic facilities; |
| 3. | Facilities for stevedoring cargos; |
| 4. | Facilities for the distribution and sale of cargos; |
| 6. | Other harbor facilities deemed by the Minister of Oceans and Fisheries as requiring technical standards. |
| (2) | “Business affairs prescribed by Presidential Decree” in Article 36 (3) 5 of the Act means verification experiments and test beds necessary for verifying and evaluating technical standards under subparagraph 3 of that paragraph and cooperation with the developer of the relevant harbor development project. |
| (3) | “Specialized institution prescribed by Presidential Decree” in Article 36 (4) of the Act means the Association. <Amended on Jun. 7, 2023> |
| (4) | If the Minister of Oceans and Fisheries intends to entrust business affairs to the Association, the Minister shall conclude an agreement with the Association on the scope of entrusted business affairs, the methods of operation, the scope of payment of expenses incurred in performing entrusted business affairs, the use of such expenses, etc. |
| Article 41 (Conducting safety inspections of harbor facilities) |
| (1) | The timing, etc. for conducting regular safety inspections, full safety inspections, and emergency safety inspections (hereafter in this Article referred to as "regular safety inspections, etc.") of harbor facilities under Article 38 (1) 2 of the Act shall be as specified in Appendix 6. |
| (2) | Except as provided in paragraph (1), matters necessary for the procedures, methods, etc. for conducting regular safety inspections, etc. shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 42 (Harbor construction equipment) |
“Harbor construction equipment prescribed by Presidential Decree” in Article 39 (1) of the Act means any of the following equipment: | 3. | A pile driver (a machine for driving piles using a hammer or power); |
| Article 43 (Entrustment of inspection of harbor construction equipment) |
| (1) | The Korea Maritime Transportation Safety Authority and a classification society that provide agency services of inspections, etc. pursuant to Article 60 (1) and (2) of the Ship Safety Act may entrust the inspection of harbor construction equipment to any of the following institutions pursuant to Article 39 (3) of the Act: |
| 1. | An inspection agency under Article 35 (1) of the Act; |
| (2) | The Korea Maritime Transportation Safety Authority or a classification society that has entrusted inspections pursuant to Article 39 (3) of the Act shall publicly announce the name, etc. of the entrusted institution on its website. |
| Article 44 (Use of harbor facilities) |
| (1) | A person who intends to use a harbor facility after obtaining permission for use pursuant to Article 41 (1) 1 of the Act shall submit an application in the form determined by the Minister of Oceans and Fisheries (including submission of electronic documents), stating the following information, to the management authority: <Amended on Jul. 4, 2022> |
| 1. | The name, date of birth, and address of the applicant; |
| 3. | The location, name, area, length, etc. of a harbor facility to be used; |
| (2) | A person who intends to use a harbor facility by concluding a lease contract with a management authority pursuant to Article 41 (1) 2 of the Act shall submit an application for lease of harbor facilities in the form determined by the Minister of Oceans and Fisheries (including submission of documents in electronic form), stating the information specified in the subparagraphs of paragraph (1), to the management authority. <Amended on Jul. 4, 2022> |
| (3) | A person who intends to use a harbor facility by concluding a lease contract with a harbor facility operator who is not a management authority (referring to a person to whom the operation of harbor facilities is delegated or entrusted pursuant to Article 104 of the Act; hereinafter the same shall apply) pursuant to Article 41 (1) 3 of the Act shall submit an application for lease of harbor facilities in the form determined by the Minister of Oceans and Fisheries, stating the information specified in the subparagraphs of paragraph (1), to the harbor facility operator. <Amended on Jul. 4, 2022> |
| (4) | A person who intends to use a harbor facility with the approval of a person who has concluded a lease contract under Article 41 (1) 2 through 4 of the Act (hereinafter referred to as "lessee") pursuant to subparagraph 5 of that Article shall submit an application for use of harbor facilities in the form determined by the Minister of Oceans and Fisheries, stating the information specified in the subparagraphs of paragraph (1), to the lessee. In such cases, the lessee shall not allow the use of all of the harbor facility initially leased or the exercise of all of the operating rights. |
| (5) | Details regarding the period of lease, the period of approval, the rate of charges, etc. for the use under paragraphs (2) through (4) shall be determined by a harbor facility operator or a lessee. |
| (6) | If a lessee approves the use of a harbor facility pursuant to paragraph (4), he or she shall file a report on the details thereof (including reporting with documents in electronic form) to the harbor facility operator. |
| Article 45 (Exemption from user fees for harbor facilities) |
| (1) | “Persons prescribed by Presidential Decree” in the proviso of Article 42 (1) of the Act means any of the following persons: <Amended on Dec. 29, 2020> |
| 1. | The State or a local government that uses a harbor facility for administrative purposes; |
| 2. | If a foreign warship, administrative vessel, exploration vessel, or training ship uses a harbor facility in accordance with the principle of reciprocity with a foreign country, the owner of the relevant ship; |
| 3. | A shipowner who uses a harbor facility to repair a ship, a person who provides marine passenger transportation services under Article 3 of the Marine Transportation Act, and a person who provides marine cargo transportation services under Article 23 of that Act; |
| 4. | Non-profit corporations related to maritime transport or harbors determined by the Minister of Oceans and Fisheries; |
| 5. | An organization of seafarers or an organization of harbor workers that uses ship facilities to promote the welfare of seafarers and harbor workers; |
| 6. | Cooperatives and the National Federation established pursuant to the Fisheries Cooperatives Act that use harbor facilities for the performance of projects by fishers; |
| 7. | A person who uses any harbor facility other than the relevant harbor facility (excluding where a person uses a harbor facility under the jurisdiction of the Port Authority established under Article 4 of the Port Authority Act) to compensate for the total project cost used for the construction of the relevant harbor facility vested in the State or a City/Do pursuant to Article 15 (1) or 19 (1) 3 of the Act; |
| 8. | Any of the following persons who uses a harbor facility to implement a harbor development project: |
| (a) | A person who performs construction works for a harbor development project ordered by a management authority; |
| (b) | A non-management authority that has obtained permission to implement a harbor development project under the main clause, with the exception of the subparagraphs, of Article 9 (2) of the Act (limited to a development project for a harbor facility to be vested in the State or a City/Do); |
| 9. | Other persons who are deemed by the Minister of Oceans and Fisheries as requiring the full or partial exemption from user fees for the management and operation of harbors. |
| (2) | If a harbor facility operator or a lessee grants the full or partial exemption from user fees pursuant to the proviso of Article 42 (1) of the Act, matters necessary for the scope, period, procedures, etc. of exemption from user fees for harbor facilities shall be determined by the harbor facility operator or the lessee in consultation with the relevant management authority. <Amended on Dec. 29, 2020> |
| (3) | “Persons prescribed by Presidential Decree, such as a person who provides marine cargo transportation services under Article 23 of the Marine Transportation Act” in Article 42 (2) of the Act means persons who provide marine passenger transportation services under Article 3 of the Marine Transportation Act, marine cargo transportation services under Article 23 of that Act, or shipping agency services under Article 33 (1) of that Act. |
| Article 46 (Types and rates of user fees for harbor facilities) |
| (1) | The types of user fees for harbor facilities under Article 42 (1) of the Act shall be as follows: |
| 3. | Passenger terminal fees; |
| 4. | Fees for exclusive use of harbor facilities. |
| (2) | The rates of user fees for harbor facilities under Article 42 (1) of the Act shall be determined and publicly notified by the Minister of Oceans and Fisheries for each type of user fees specified in the subparagraphs of paragraph (1), taking into consideration the facilitation of harbor logistics, etc. |
| Article 47 (Period for collection of user fees by non-management authority) |
The period for collecting user fees under Article 43 (1) of the Act shall be the period under Article 26 (1).
CHAPTER V HARBOR HINTERLAND COMPLEXES
Section 1 Designation of Harbor Hinterland Complexes
| Article 48 (Formulation of comprehensive plans to develop harbor hinterland complexes) |
| (1) | "Matters prescribed by Presidential Decree" in Article 44 (2) 6 of the Act means the following: |
| 1. | Matters regarding the standards for designating a harbor hinterland complex, such as the area of a site necessary for the development of the harbor hinterland complex and the volume of transportation of goods; |
| 2. | If it is necessary to modify a harbor zone to designate a harbor hinterland complex, matters regarding such modification; |
| 3. | Matters regarding infrastructure, such as water, energy, transportation, and telecommunications facilities; |
| 4. | Matters regarding the conservation of the environment, such as the installation of sewerage facilities, public wastewater treatment facilities, and waste treatment facilities, and the conservation of natural scenery and natural ecosystems. |
| (2) | “Modification to minor matters prescribed by Presidential Decree” in the latter part of Article 44 (4) of the Act means modification to a site demand and supply plan within 10/100 of the area of a site for facilities to be installed in a harbor hinterland complex. |
| (3) | If the Minister of Oceans and Fisheries requests the submission of materials or cooperation necessary for formulating or modifying a comprehensive plan for developing harbor hinterland complexes under Article 44 (1) of the Act (hereinafter referred to as "comprehensive plan") pursuant to paragraph (5) of that Article, the Minister shall clarify the details of such requested materials or cooperation and the deadline for submission. |
| (4) | When the Minister of Oceans and Fisheries formulates or modifies a comprehensive plan pursuant to Article 44 (1) or (4) of the Act, the Minister shall publicly notify the relevant details pursuant to paragraph (6) of that Article by publishing them in the Official Gazette and posting them on the website of the Ministry of Oceans and Fisheries. |
| Article 49 (Modification of harbor hinterland complex development plans) |
| (1) | “Modification to important matters prescribed by Presidential Decree” in the latter part of Article 46 (1) of the Act means any of the following modification: |
| 1. | Modification of at least 10/100 of the area of the relevant harbor hinterland complex; |
| 2. | Modification of at least 10/100 of the area by facility use in a site use plan for the relevant harbor hinterland complex; |
| 3. | Modification of the implementing entity of the relevant harbor hinterland development project. |
| (2) | "Matters prescribed by Presidential Decree" in Article 46 (2) 9 of the Act means the following: |
| 1. | A support plan for major facilities to be installed in the relevant harbor hinterland complex; |
| 2. | If there is a need for replotting, the replotting plan. |
| Article 50 (Proposal of, and processing procedures for, harbor hinterland complex development plans) |
| (1) | A person who intends to propose the formulation or modification of a harbor hinterland complex development plan under Article 46 (1) of the Act (hereinafter referred to as "harbor hinterland complex development plan") pursuant to Article 47 (1) of the Act shall submit a proposal including the information specified in the subparagraphs of paragraph (2) of that Article, to the Minister of Oceans and Fisheries. |
| (2) | If there are any omissions in a proposal submitted pursuant to paragraph (1) or the details thereof are not clear, the Minister of Oceans and Fisheries may request the proposer to supplement it within a specified period; and if such proposal is deemed to fall under any of the following categories, the Minister may return the proposal: |
| 1. | If the details of the proposal are not in compliance with statutes or regulations or the purpose of the development of a harbor hinterland complex; |
| 2. | If the Minister of Oceans and Fisheries is formulating a harbor hinterland complex development plan for the relevant harbor zone pursuant to Article 46 of the Act. |
| (4) | A research institute in receipt of a request for review under paragraph (3) shall submit its opinion on the relevant proposal to the Minister of Oceans and Fisheries within 60 days from the date of receipt of such request and may present its opinion different from the relevant proposal on all conditions for the implementation of the project, such as appropriate project costs and profitability rates; provided, if the research institute requests the supplementation of materials to determine the validity of the proposal, the Minister may extend the deadline for review. |
| (5) | The Minister of Oceans and Fisheries shall notify the proposer of the results of processing the relevant proposal, such as whether to promote the harbor hinterland complex development plan proposed pursuant to Article 47 (2) of the Act, within 30 days from the date of receipt of the review from the research institute pursuant to paragraph (4), unless there is a compelling reason not to do so. |
| (6) | If the Minister of Oceans and Fisheries notifies a proposer of the decision to implement a harbor hinterland complex development plan proposed pursuant to paragraph (5), the Minister shall publicly announce the details of the proposal in the Official Gazette and at least 2 daily newspapers, and on the website of the Ministry of Oceans and Fisheries, so that a third party other than the relevant proposer may make another proposal for the fixed application period of at least 90 days. |
| (7) | If a proposal is submitted pursuant to paragraph (1), the Minister of Oceans and Fisheries shall not disclose the details of the proposal against the proposer's will from the date of receipt of the proposal until the public announcement of the details of the proposal under paragraph (6). |
| (8) | If the Minister of Oceans and Fisheries makes a public announcement under paragraph (6), the Minister shall not publicly announce any details that infringe on the interests of the original proposer, except for matters necessary for the proposal of a third party. |
| (9) | If the Minister of Oceans and Fisheries makes a public announcement under paragraph (6), the public announcement may include details different from those of the relevant proposal in terms of all conditions for implementing the project, such as appropriate project costs and profitability, and the original proposer may modify the details of the original proposal and resubmit a proposal by the deadline specified in the public announcement. |
| (10) | If a third party has submitted a proposal satisfying the requirements under paragraph (1) by the deadline specified in the public announcement under paragraph (6), the Minister of Oceans and Fisheries shall examine and evaluate the original proposal (in cases where the original proposer has submitted a modified proposal, referring to the modified proposal) and any third party' proposal and shall determine at least 2 negotiating parties and the order of priority based on the results of the evaluation of the proposal, unless there is a compelling reason not to do so; in such cases, the Minister may give additional points to the original proposer within the extent classified as follows: |
| 1. | If the original proposer does not submit a modified proposal: 10 percent of the total score; |
| 2. | If the Minister of Oceans and Fisheries makes a public announcement including details different from the details proposed by the original proposer pursuant to paragraph (9) and the original proposer resubmits a modified proposal accordingly: 5 percent of the total score. |
| (11) | If no other proposal is made by the deadline specified in the public announcement under paragraph (6), the Minister of Oceans and Fisheries shall designate the original proposer as a negotiating party. |
| (12) | If the Minister of Oceans and Fisheries concludes an agreement with a negotiating party designated pursuant to paragraph (10) or (11) which includes conditions for implementing a project, such as the total project cost, the negotiating party shall be deemed designated as the developer of a harbor hinterland complex development project under Article 50 (1) of the Act (hereinafter referred to as "project developer"). |
| (13) | Except as provided in paragraphs (1) through (12), details necessary for evaluating proposals and concluding agreements with negotiating parties shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 51 (Open competition for harbor hinterland complex development plans) |
| (1) | If the Minister of Oceans and Fisheries conducts an open competition for a draft harbor hinterland complex development plan under Article 47 (3) of the Act (hereinafter referred to as "draft harbor hinterland complex development plan"), the Minister shall publicly announce the following matters in the Official Gazette and daily newspapers at least once, and the period of application shall be at least 90 days; in such cases, the details of the following matters to be publicly announced shall be determined and publicly notified by the Minister: |
| 1. | The outline of the harbor hinterland complex development project; |
| 2. | An evaluation plan for the harbor hinterland complex development project; |
| 3. | The qualifications for participation in the open competition and the schedule thereof; |
| 4. | Procedures for designation of a project developer; |
| 5. | Guidelines for preparing a draft harbor hinterland complex development plan; |
| 6. | Other matters necessary for the open competition for draft harbor hinterland complex development plans. |
| (2) | If at least 2 applicants participate in an open competition under paragraph (1), the Minister of Oceans and Fisheries shall evaluate the submitted draft harbor hinterland complex development plans for selection. |
| (3) | If an applicant for the selected draft harbor hinterland complex development plan meets the qualification requirements prescribed in Article 50 (1) of the Act, the Minister of Oceans and Fisheries may designate the relevant applicant as a project developer. |
| Article 52 (Public notice of designation of harbor hinterland complexes or modification of such designation) |
| (1) | "Matters prescribed by Presidential Decree" in Article 48 (1) of the Act means the following: |
| 1. | The name, location, and area of the harbor hinterland complex; |
| 2. | The objectives of designation of the harbor hinterland complex; |
| 3. | The developer of the harbor hinterland complex development project; |
| 4. | The period and methods of development of the harbor hinterland complex; |
| 5. | The land use plan and the major infrastructure plan; |
| 6. | The layout plan for facilities; |
| 9. | A support plan for major facilities to be installed in the harbor hinterland complex; |
| 10. | A replotting plan for a former landowner; |
| 11. | The methods of inspecting relevant materials. |
| (2) | Notwithstanding paragraph (1), if matters specified in paragraph (1) 3, 7, and 10 are not finalized when designating a harbor hinterland complex, the Minister of Oceans and Fisheries may separately publicly notify such matters after the details thereof are finalized. |
| Article 53 (Revocation of designation of harbor hinterland complexes) |
| (1) | "Period prescribed by Presidential Decree" in the main cause of Article 49 (1) of the Act means 5 years. |
| (2) | “Unavoidable causes prescribed by Presidential Decree, such as natural disasters” in the proviso of Article 49 (1) of the Act means natural disasters and sudden changes in economic conditions. |
| (3) | If the Minister of Oceans and Fisheries intends to revoke the designation of a harbor hinterland complex pursuant to Article 49 (2) of the Act, the Minister shall consult with the heads of relevant administrative agencies, specifying the details of, and grounds for, such revocation. |
Section 2 Development of Harbor Hinterland Complexes
| Article 54 (Designation of project developers) |
| (1) | “Public Institutions prescribed by Presidential Decree in Article 50 (1) 3 of the Act means the following institutions: |
| 1. | The Jeju Free International City Development Center established under Article 166 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (limited to where a harbor hinterland complex development project is implemented by Jeju Special Self-Governing Province); |
| 2. | The Korea Tourism Organization established under the Korea Tourism Organization Act; |
| (2) | “Private investor meeting the qualifications prescribed by Presidential Decree, including capital” in Article 50 (1) 5 of the Act means any of the following persons: <Amended on Jul. 4, 2022> |
| 3. | A person who owns at least 50/100 of the area of land in the project zone; |
| 5. | A real estate trust company that is trusted with at least 1/3 of the area of land in the project zone; |
| (3) | “Corporation meeting the standards prescribed by Presidential Decree” in Article 50 (1) 6 of the Act means a corporation whose total investment ratio of persons falling under any category specified in Article 50 (1) 1 through 5 of the Act is at least 20/100 of the capital. |
| (4) | “Grounds prescribed by Presidential Decree” in Article 50 (3) 4 of the Act means where a project developer voluntarily files an application for modification or revocation of designation for business reasons, etc. |
| (5) | If the Minister of Oceans and Fisheries designates a project developer (including where a project developer is deemed designated following an agreement concluded pursuant to Article 50 (12)) or revokes or modifies the designation thereof, the Minister shall publicly notify the following information in the Official Gazette pursuant to Article 50 (4) of the Act: |
| 1. | The name of the project; |
| 2. | The name or title of the project developer; |
| 3. | The location of the project area; |
| 4. | Grounds for designation, or revocation or modification of designation. |
| Article 55 (Approval of implementation plans for harbor hinterland complex development projects) |
| (1) | If a project developer intends to obtain approval of an implementation plan for a harbor hinterland complex development project pursuant to Article 51 (1) of the Act, the developer shall submit an application for approval of an implementation plan for a harbor hinterland complex development project in the form prescribed by Ministerial Decree of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents and drawings: <Amended on Dec. 29, 2020; Jul. 4, 2022> |
| 1. | A location map with a scale of 1:25000; |
| 2. | A map prepared according to a cadastral map (referring to a map on which the use of land is recorded); |
| 3. | A floor plan and detailed drawings and specifications; |
| 4. | Fund plans and documents evidencing such plan (including annual investment plans, financing plans, and annual plans for recovering invested expenses, etc.); |
| 5. | The statement of environmental impact assessment under Article 27 of the Environmental Impact Assessment Act, the details of consultation notified pursuant to Article 29 of that Act, and a plan for measures to be taken accordingly (applicable only to cases where the relevant project is included in the scope of projects subject to environmental impact assessment under Article 31 (2) and Appendix 3 of the Enforcement Decree of that Act); |
| 6. | The statement of traffic impact assessment under Article 16 of the Urban Traffic Improvement Promotion Act, the results of deliberation on the statement of traffic impact assessment under Article 17 of that Act, and an implementation plan (applicable only to where the relevant project is included in the scope of projects subject to traffic impact assessment under Article 13-2 (3) and Appendix 1 of the Enforcement Decree of that Act); |
| 8. | A plan for the use, profit-making, management, and disposal of land and facilities to be developed through the relevant harbor hinterland complex development project (including a plan for requests for sale under Article 61 of the Act on land necessary for achieving the objectives of the harbor hinterland complex development project); |
| 9. | A report on installation, relocation, removal, vesting, transfer, concession, etc. of public facilities, including harbor facilities; |
| 10. | The detailed statement of facilities to be retained; |
| 11. | Documents necessary for consultation with the heads of relevant administrative agencies under Article 98 (3) of the Act; |
| 12. | A report on damage impact survey conducted by a research institute specializing in fisheries or an educational institution designated by the Minister of Oceans and Fisheries on Fisheries. |
| (2) | “Matters prescribed by Presidential Decree” in Article 51 (2) 8 of the Act means the following: |
| 1. | Phased plans to secure land to be developed; |
| 2. | If a harbor hinterland complex development project is to be implemented in phases, phased implementation plans. |
| (3) | "Modification to minor matters prescribed by Presidential Decree" in the proviso of Article 51 (3) of the Act means any of the following cases: |
| 1. | Where the name, title, or address of the relevant project developer is modified; |
| 2. | Where the relevant project area is corrected due to an error in the survey, etc. within the extent not modifying the area in which the project is to be implemented; |
| 4. | Where any modification is made to matters deemed by the Minister of Oceans and Fisheries not to affect the basic direction of the implementation plan for the relevant harbor hinterland complex development project. |
| (4) | If a project developer modifies the matters specified in the subparagraphs of paragraph (3) in the implementation plan for the relevant harbor hinterland complex development project, the developer shall notify the details of such modification to the Minister of Oceans and Fisheries without delay. |
| (5) | If the Minister of Oceans and Fisheries intends to approve an implementation plan for a harbor hinterland complex development project or any modification thereto, the Minister shall send a copy of the relevant documents to the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu to hear opinions pursuant to Article 51 (4) of the Act. |
| (6) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall submit a written opinion to the Minister of Oceans and Fisheries within 20 days from the date of receipt of a copy of relevant documents pursuant to paragraph (5). |
| (7) | When the Minister of Oceans and Fisheries approves an implementation plan for a harbor hinterland complex development project or any modification thereto, the Minister shall publicly notify the following information in the Official Gazette pursuant to Article 51 (5) of the Act: |
| 1. | The name and purpose of the harbor hinterland complex development project; |
| 2. | The location and size of the harbor hinterland complex development project zone; |
| 3. | The name or title and address of the relevant project developer; |
| 4. | The outline of the implementation plan for the harbor hinterland complex development project; |
| 5. | The period of project implementation; |
| 6. | The methods of inspecting relevant materials. |
| Article 56 (Public facilities) |
“Public Facilities prescribed by Presidential Decree” in Article 52 of the Act means the following facilities: <Amended on Jul. 4, 2022> | 1. | Access roads and arterial roads of a harbor hinterland complex; |
| 3. | Water supply facilities, gas supply facilities, sewerage facilities, electricity and telecommunications facilities, public wastewater treatment facilities, and waste treatment facilities; |
| 4. | Sites for public facilities among land and harbor facilities vested in the State or City/Do pursuant to the main clause of Article 15 (1) of the Act. |
| Article 57 (Advance payments) |
| (1) | A project developer may receive all or part of the price in advance (hereinafter referred to as “advance payment”) for land, buildings, structures, etc. developed by a harbor hinterland complex development project (hereafter in this Article referred to as "developed land, etc.") from a person who intends to be supplied with or to use such developed land, etc. pursuant to Article 53 of the Act only after obtaining approval of an implementation plan for the harbor hinterland complex development project. |
| (2) | If a project developer intends to receive an advance payment, the developer shall consult in advance with a person who intends to be supplied with or to use the relevant developed land, etc. about the price, area, location, condition, methods of use, etc. of the developed land, etc. |
| Article 58 (Procedures for supply and development of raw land) |
| (1) | If a project developer intends to obtain approval from the Minister of Oceans and Fisheries of a supply plan for land in an uncreated state to develop part of a project zone in a nature-friendly or three-dimensional manner (hereinafter referred to as "raw land") pursuant to Article 54 (1) of the Act, the developer shall submit an application for approval of a supply plan for raw land to the Minister, along with the following documents: |
| 1. | The location, area, and purpose of supply of the raw land to be supplied; |
| 2. | Matters regarding a person who is supplied with and develops the raw land (hereafter in this Article referred to as "raw land developer"); |
| 3. | A plan for the development of the raw land, including a plan to accommodate the population of the raw land, a land utilization plan, a traffic control plan, an environmental conservation plan, a plan for the installation of major infrastructure, and other plans for the use of the raw land; |
| 4. | The terms and conditions of use of the raw land; |
| 5. | The estimated supply price and the major terms and conditions of contract; |
| 6. | Other matters that the Minister of Oceans and Fisheries deems necessary in light of the nature of the project and determines in consultation with the project developer. |
| (2) | Upon receipt of an application for approval of a supply plan for raw land under paragraph (1), the Minister of Oceans and Fisheries shall approve such plan only if the plan conforms to the relevant harbor hinterland complex development plan. |
| (3) | “Public Institutions prescribed by Presidential Decree” in Article 54 (1) 4 of the Act means public institutions specified in the subparagraphs of Article 54 (1). |
| (4) | “Period prescribed by Presidential Decree” in the main clause of Article 54 (6) of the Act means any the following periods, whichever ends first: |
| 1. | Five years from the date the completion of the relevant project is publicly announced under Article 59 of the Act; |
| 2. | Ten years from the date of the contract for supply of raw land. |
| (5) | “For purposes prescribed by Presidential Decree, such as housing for migration or public facilities” in the proviso of Article 54 (6) of the Act means cases where it is intended to use raw land as the following sites: |
| 1. | Sites for rental housing; |
| 2. | Sites for infrastructure; |
| 3. | Other sites for the installation of facilities that are difficult to be developed or operated directly by the raw land developer. |
| (6) | When any ground specified in the subparagraphs of Article 54 (8) of the Act occurs, a project developer may request the raw land developer to take corrective measures at least twice; and if the raw land developer fails to do so, the project developer may cancel the supply contract for raw land. In such cases, the raw land developer may present his or her opinion on the project developer's request for correction. |
| (7) | A raw land developer shall be selected by means of a negotiated contract. |
| (8) | The supply price of raw land shall be determined through consultation between a project developer and a raw land based on the amount calculated by adding the appraised value of the raw land (referring to the amount appraised by an appraisal corporation, etc.) to the construction cost of infrastructure, etc. installed by the project developer in the raw land. |
| (9) | The scope of business affairs of a project developer and a raw land developer shall be determined by a supply contract for raw land, and the project developer shall be responsible for the business affairs under relevant statutes and regulations, such as applications for authorization, permission, etc. for the development of raw land. |
| Article 59 (Application for confirmation of completion) |
| (1) | If a project developer intends to apply for confirmation of completion pursuant to Article 58 (1) of the Act, the developer shall submit an application for confirmation of completion 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 completion report (including completion drawings and specifications and completion photographs); |
| 3. | Area reports and floor plans by purpose of use of land; |
| 4. | Reports on vesting of ownership of public facilities, etc. and drawings thereof; |
| 5. | An old and new land register comparison diagram and a comparison table of facilities; |
| 6. | The statement of total project cost. |
| (2) | If the Minister of Oceans and Fisheries deems it necessary for efficient inspections when conducting a completion inspection under Article 58 (2) of the Act, the Minister may request a specialized institution or organization to examine whether a harbor hinterland complex development project has been implemented in accordance with the details of the approved implementation plan for the harbor hinterland complex development project. |
| Article 60 (Report on use prior to completion) |
If a project developer intends to file a report on use prior to completion under the proviso of Article 58 (5) of the Act, the developer shall submit a report on use prior to completion 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 the use land or facilities to be used including the current status of the works of such land or facilities; |
| 2. | A written opinion of a project supervisor on the availability, the stability, etc. of the land or facilities to be used; |
| 3. | Drawings and photographs of land or facilities to be used at the completion stage. |
| Article 61 (Matters to be publicly announced on completion of projects) |
| (1) | The completion of projects under Article 59 of the Act shall be publicly announced by publishing it in the Official Gazette. |
| (2) | The public announcement under paragraph (1) shall include the following information: |
| 1. | The name of the harbor hinterland complex development project; |
| 2. | The project developer; |
| 3. | The location of the harbor hinterland complex development project site; |
| 4. | The area of the harbor hinterland complex development project site and the area by purpose of use; |
| 6. | Matters regarding disposal of major facilities. |
| Article 62 (Public facilities other than those to be vested) |
“Facilities prescribed by Presidential Decree” in Article 60 (2) of the Act means harbor facilities specified in the subparagraphs of Article 24 (4).
| Article 63 (Request for sale of land) |
“Land prescribed by Presidential Decree” in the former part of Article 61 (1) of the Act means land for which a sale request to achieve the purpose of a harbor hinterland development project is specified in a plan specified in Article 55 (1) 8.
| Article 64 (Methods of selling in lots or leasing developed land) |
| (1) | If a project developer intends to sell in lots or lease land developed and acquired pursuant to Article 62 (1) of the Act (hereafter in this Article referred to as "developed land"), the developer shall prepare a plan for sale in lots or lease, stating the following information and shall submit it to the Minister of Oceans and Fisheries by no later than 30 days after acquiring the developed land: <Amended on Jul. 4, 2022> |
| 1. | The location, area, and use of the developed land to be sold in lots or leased; |
| 2. | Requirements for qualification of persons eligible for sale in lots or lease and methods of selecting such persons; |
| 3. | The timing and methods of, and conditions for, sale in lots or lease; |
| 4. | Standards for determining price of developed land; |
| 5. | The following information related to the sale in lots or lease of developed land (limited to cases where developed land is sold in lots or leased by means of general, restricted, or designated competitive bidding): |
| (a) | Methods of public announcement of sale in lots or lease; |
| (b) | The name (in cases of a corporation, the name of the corporation and the name of its representative) and address of the project developer; |
| (c) | The location, area, and use of developed land (if any prohibition or restriction is imposed on the use thereof, including the details of such prohibition or restriction); |
| (d) | The timing and methods of, and conditions for, sale in lots or lease; |
| (e) | The price of sale in lots or lease; |
| (f) | The period and place of application for sale in lots or lease; |
| (g) | The eligibility to apply for sale in lots or lease; |
| (h) | Documents required to be attached for application for sale in lots or lease; |
| 6. | Other matters determined by the Minister of Oceans and Fisheries to facilitate the sale in lots or lease of developed land. |
| (2) | A project developer shall sell in lots or lease developed land in accordance with the purpose of a harbor hinterland complex development project related to the developed land, a harbor hinterland complex development plan, and a plan for sale in lots and lease under paragraph (1). |
| (3) | If a project developer intends to sell in lots or lease developed land by means of general, restricted, or designated competitive bidding, the developer shall publicly announce the information specified in paragraph (1) 5 (b) through (h). <Amended on Jul. 4, 2022> |
| Article 65 (Reinvestment of development gains) |
The development gains that a project developer shall use pursuant to Article 63 (1) of the Act shall be 25/100 of the development gains accrued from the relevant harbor hinterland complex development project.
| Article 66 (Composition and operation of consultative council of occupants) |
| (1) | A consultative council of occupants under Article 64 (1) of the Act (hereafter in this Article referred to as "occupants’ consultative council") shall have at least 75 percent of the occupants and prospective occupants of the relevant project area as its members as at the time of its organization. |
| (2) | An occupants’ consultative council shall hold a regular general meeting within 2 months from the commencement date of each business year and may hold a special general meeting, if necessary. |
| (3) | Except as provided in the rules, a majority of the members of an occupants’ consultative council shall constitute a quorum and any resolution thereof shall require the concurring vote of a majority of those present. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the composition and operation of an occupants’ consultative council shall be prescribed by the rules of the council. |
Section 3 Management and Operation of Class 1 Harbor Hinterland Complexes
| Article 67 (Details of management guidelines) |
| (1) | Management guidelines for Class 1 harbor hinterland complexes under the former part of Article 65 (1) of the Act (hereinafter referred to as "management guidelines") shall include the following: |
| 1. | Basic principles for managing Class 1 harbor hinterland complexes; |
| 2. | Matters regarding the scope of business affairs of management agencies for Class 1 harbor hinterland complexes under Article 66 (1) of the Act (hereinafter referred to as "management agencies"); |
| 3. | Matters regarding the selection of occupant enterprises, such as procedures, methods, and standards for, and timing of, selecting occupant enterprises of Class 1 harbor hinterland complexes, and selection plans; |
| 4. | Matters regarding the occupancy of occupant enterprises, such as the conclusion and termination of occupancy contracts with occupant enterprises of Class 1 harbor hinterland complexes, the area of lease for each occupant enterprise, rents, and implementation of occupancy; |
| 5. | Matters to be observed by occupant enterprises, such as transfer and acquisition of sites sold in lots; |
| 6. | Matters regarding submission and modification of business plans of occupant enterprises of Class 1 harbor hinterland complexes, evaluation of business performance, and utilization of evaluation results; |
| 7. | Matters regarding the formulation of Class 1 harbor hinterland complex management plans under Article 68 of the Act; |
| 8. | Matters regarding the operation of Class 1 harbor hinterland complexes, such as maintenance and management of, and access to, common facilities of Class 1 harbor hinterland complexes; |
| 9. | Matters regarding the designation and operation of specialized zones for Class 1 harbor hinterland complexes (referring to zones designated and publicly notified by the Minister of Oceans and Fisheries to cluster and specialize similar industries in consideration of the characteristics of each harbor); |
| 10. | Other matters necessary to manage Class 1 harbor hinterland complexes, such as the maintenance, repair, and improvement of sites and facilities of Class 1 harbor hinterland complexes. |
| (2) | Except any modification to part of the matters specified in paragraph (1) 10, modifications to management guidelines shall be publicly notified pursuant to the latter part of Article 65 (1) of the Act. |
| Article 68 (Procedures for and timing of designating and modifying designation of management agencies) |
| (1) | When the Minister of Oceans and Fisheries designates a management agency or modifies the designation of such agency pursuant to Article 66 (1) and (5) of the Act, the Minister shall issue a certificate of designation stating the following information to the relevant management agency without delay and shall publicly notify the fact of designation and the details thereof in the Official Gazette: |
| 1. | The name of the management agency and the location of its main office; |
| 2. | The name, location, and area of the Class 1 harbor hinterland complex subject to management, and the current status of management facilities, etc.; |
| 3. | The date of designation of the management agency or the date of modification of such designation. |
| (2) | If an institution or organization under Article 66 (2) 3 of the Act intends to be designated as a management agency, such entity shall file an application with the Minister of Oceans and Fisheries, along with the following documents: |
| 1. | The articles of incorporation of a corporation (applicable only to a corporation); |
| 2. | Documents verifying that the standards determined and publicly notified by the Minister of Oceans and Fisheries are met, such as specialized human resources and facilities necessary for the operation of the relevant Class 1 harbor hinterland complex; |
| (3) | If deemed necessary for designation of a management agency under paragraph (2), the Minister of Oceans and Fisheries may request the applicant to submit materials or may hear the applicant's opinions. |
| (4) | The Minister of Oceans and Fisheries shall designate a management agency before the development of a harbor hinterland complex is completed. |
| Article 69 (Preparation of Class 1 Harbor Hinterland Complex Management Plans) |
| (1) | A management agency shall formulate an annual management plan for a Class 1 harbor hinterland complex under its jurisdiction and shall submit it to the Minister of Oceans and Fisheries by January 31 each year, pursuant to Article 68 of the Act. |
| (2) | The Minister of Oceans and Fisheries may review a Class 1 harbor hinterland complex management plan submitted pursuant to paragraph (1); and if such review finds that any matter specified in the subparagraphs of Article 68 (2) of the Act is omitted or the details thereof are unclear, the Minister may request supplementation. |
| Article 70 (Occupancy Requirements) |
| (1) | “Period prescribed by Presidential Decree” in the proviso, with the exception of the subparagraphs, of Article 69 (1) of the Act means 3 years from the date of the occupancy contract. |
| (2) | “Business prescribed by Presidential Decree” in Article 69 (1) 1 of the Act means the following business: |
| 1. | Business related to complex logistics including international transport brokerage, international ship trade, or business of packing, repair, processing, or assembling; |
| 2. | Business related to international logistics, such as business of repairing, maintaining, and assembling ships (including equipment necessary for the operation of ships); |
| 3. | Business of supplying ship's supplies, such as fuel, drinking water, and ship foods; |
| 4. | Development business and leasing business related to logistics facilities. |
| (3) | “Person ... who meets the criteria prescribed by Presidential Decree, such as the ratio of export and import values to the sales” in Article 69 (1) 2 of the Act means a person for whom the export and import amount to the total sales is not less than 20/100 for at least 1 consecutive year during the 3-year period immediately preceding the date of public announcement of the selection of an occupant enterprise. |
| (4) | “Business prescribed by Presidential Decree” in Article 69 (1) 2-2 of the Act means the manufacturing business and the business specified in the subparagraphs of paragraph (6). <Added on May 25, 2021> |
| (6) | “Person who conducts business prescribed by Presidential Decree ... and who meets the criteria prescribed by Presidential Decree, such as the ratio of exports and imports” in Article 69 (1) 4 of the Act means a person conducts any of the following business and for whom the export amount to the total sales is 5/100 for at least 1 consecutive year during the 3-year period immediately preceding the date of public announcement of the selection of an occupant enterprise: <Amended on May 25, 2021> |
| 1. | Electronic commerce business; |
| 2. | Software development and supply business; |
| 3. | Telecommunications business; |
| 4. | Business of computer programming, system integration, and management; |
| 5. | Information service business; |
| 6. | Research and development business; |
| 7. | Security system service business. |
| (7) | “Person ... who meets the criteria prescribed by Presidential Decree, such as the ratio of exports and imports” in Article 69 (1) 5 of the Act means a person for whom the ratio of exports and imports to the total sales is at least 50/100 for at least 1 consecutive year during the 3-year period immediately preceding the date of public announcement of the selection of an occupant enterprise. <Amended on May 25, 2021> |
| (9) | “Business prescribed by Presidential Decree” in Article 69 (1) 7 of the Act means any of the following business: <Amended on May 25, 2021> |
| 1. | Business for which authorization, permission, etc. under the relevant statutes or regulations have been obtained for the management and operation of harbor waterfront facilities under subparagraph 5 (d) of Article 2 of the Act; |
| 2. | Business that are entrusted by the State or a local government with respect to the management and operation of harbor waterfront facilities under subparagraph 5 (d) of Article 2 of the Act. |
| (10) | “Criteria prescribed by Presidential Decree” in Article 69 (2) of the Act means the following: <Amended on May 25, 2021> |
| 1. | Five years have passed since the date a completion certificate was issued pursuant to Article 58 (2) of the Act; |
| 2. | The area of land remaining after a person who meets the occupancy requirements takes occupancy shall not exceed 30/100 of the area of a harbor hinterland complex under the implementation plan for the relevant harbor hinterland complex development project for which approval or approval for modification has been obtained pursuant to Article 51 of the Act. |
| (11) | If the criteria under paragraph (10) are met, a management agency may allow a person who conducts manufacturing business to take occupancy in consultation with the Minister of Oceans and Fisheries, as prescribed by the management guidelines. <Amended on May 25, 2021; Jul. 4, 2022> |
| Article 71 (Preferential occupancy) |
| (1) | A person who is eligible to preferentially conclude an occupancy contract pursuant to subparagraph 2 of Article 70 of the Act shall be a person whose exports during the 1-year period immediately preceding the date of public announcement of the selection of an occupant enterprise are at least 40/100 of the total sales during the relevant period. <Amended on May 28, 2024> |
| (2) | A person who is eligible to preferentially conclude an occupancy contract pursuant to subparagraph 3 of Article 70 of the Act shall be a repatriating enterprise specified in Article 69 (1) 2-2 of the Act for which the ratio of the sales obtained by deducting the amount of exports to the Republic of Korea to the total sales during the 1-year period prior to repatriation is at least 40/100. <Amended on May 28, 2024> |
[This Article Wholly Amended on May 25, 2021]
| Article 72 (Conclusion of occupancy contracts) |
| (1) | A person who intends to conclude an occupancy contract or a modified contract (referring to a contract conclude if he or she intends to modify an occupancy contract; hereinafter the same shall apply) pursuant to Article 71 (1) of the Act shall file an application in the form prescribed by Ministerial Decree of Oceans and Fisheries with a management authority. |
| (2) | If it is intended to modify the type of business (based on the sub-sub classification units in the standard classification of industries prepared and publicly announced by Commissioner of the Statistics Korea pursuant to Article 22 (1) of the Statistics Act) or the area under an occupancy contract, a modified contract shall be concluded pursuant to the latter part of Article 71 (1) of the Act. |
| (3) | Upon receipt of an application for an occupancy contract or modified contract under paragraph (1), a management agency shall determine whether to conclude such contract and notify the determination to the applicant within 7 days. |
| Article 73 (Disposal of land or factories for which occupancy contract is terminated) |
| (1) | If a person whose occupancy contract is terminated pursuant to Article 72 (1) or (2) of the Act (hereafter in this Article referred to as "person whose occupancy contract is terminated") intends to transfer land, a factory, a building, or other facilities (hereinafter referred to as "factory, etc.") that the person owns in a Class 1 harbor hinterland complex pursuant to Article 73 (2) of the Act, the person shall submit a transfer plan to the relevant management agency, along with documents prescribed by Ministerial Decree of Oceans and Fisheries. |
| (2) | A person whose occupancy contract is terminated shall transfer his or her land, factory, etc. to another person who meets the occupancy requirements within 6 months from the date on the occupancy contract is terminated. In such cases, if an auction for the land, factory, etc. or other procedures under statutes are in progress, the date such procedures are in progress shall be excluded from the calculation of the period prescribed in the former part. |
| (3) | If a person whose occupancy contract is terminated fails to transfer his or her land, factory, etc. within the period specified in paragraph (2), the person shall submit an application for disposal to the relevant management agency, along with documents prescribed by Ministerial Decree of Oceans and Fisheries. |
| (4) | Upon receipt of an application for disposal under paragraph (3), a management agency shall select a transferee by publicly announcing matters regarding the sale thereof by posting such matters on its website or by other means. |
| (5) | Upon receipt of a recommendation of a transferee from a management agency, a person whose occupancy contract is terminated shall negotiate the transfer without delay and conclude a sales contract within 6 months from the date of receipt of such recommendation. |
| Article 74 (Disposal of land or factories) |
A person who acquires any land, factory, etc. pursuant to Article 74 (2) and (4) of the Act shall conclude an occupancy contract or a modified contract with a management agency within 3 months from the date of acquisition of such land, factory, etc.
| Article 75 (Interest and expenses) |
“Interest and expenses prescribed by Presidential Decree” in the main clause and the proviso of Article 74 (3) of the Act means the following amounts: | 1. | An amount calculated by multiplying the acquisition price of land of a Class 1 harbor hinterland complex to be transferred by the producer price inflation rate (referring to the rate calculated according to the producer price index surveyed and announced by the Bank of Korea pursuant to Article 86 of the Bank of Korea Act) from the date of acquisition to the date of transfer; |
| 2. | Acquisition tax and other taxes and public charges incurred on the acquisition of land of a Class 1 harbor hinterland complex to be transferred; provided, a tax punitively collected for reasons attributable to a person who acquired land of a Class 1 harbor hinterland complex shall be excluded herefrom; |
| 3. | Expenses incurred in maintaining, preserving, or improving land of a Class 1 harbor hinterland complex to be transferred. |
| Article 76 (Use of land or factories acquired by auction) |
A person who intends to conclude an occupancy contract (including a modified occupancy contract; hereafter in this Article, the same shall apply) pursuant to the main clause of Article 75 (1) 1 of the Act shall file an application for concluding an occupancy contract within 3 months from the date of acquisition of the relevant land, factory, etc.
| Article 77 (Collection of management expenses of public facilities) |
| (1) | Expenses for the management and operation of common facilities under Article 77 (1) of the Act shall be the amount calculated according to the amount of profits earned by each occupant enterprise from using the common facilities; provided, if it is impracticable to calculate the amount of profits of each occupant enterprise, such expenses may be calculated in accordance with the standards determined and publicly announced by the relevant management agency, comprehensively taking into account the area of the building, site area, or number of employees of each occupant enterprise. <Amended on Jun. 7, 2023> |
| (2) | A management agency may collect expenses for the management and operation of common facilities on a monthly or quarterly basis depending on the operational status of the relevant Class 1 harbor hinterland complex. |
CHAPTER VI EXPENSES FOR HARBORS
| Article 78 (Subsidization for costs) |
| (1) | Costs and expenses that may be subsidized or financed pursuant to Article 80 (1) of the Act shall be as follows: |
| 1. | Construction costs of arterial roads; |
| 2. | Construction costs of green areas; |
| 3. | Relocation countermeasure expenses; |
| 4. | Expenses incurred in developing and purchasing sites for harbor facilities; |
| 5. | Expenses incurred in installing facilities, among infrastructure, such as roads and telecommunications facilities, which are not appropriate to be borne by project developers; |
| 6. | Expenses incurred in installing facilities, among facilities necessary for implementing harbor hinterland complex development projects, such as arterial roads and wide-area waterworks facilities outside of project areas, which are not appropriate to be borne by project developers; |
| 7. | Expenses incurred in installing other public facilities particularly necessary for harbor hinterland complex development projects. |
| (2) | “Infrastructure prescribed by Presidential Decree” in Article 80 (2) of the Act means the following facilities: |
| 2. | Water supply facilities and telecommunications facilities; |
| 3. | Sewerage facilities, public wastewater treatment facilities, and waste treatment facilities; |
| 4. | Common ditches in a harbor hinterland complex; |
| 5. | Integrated energy supply facilities; |
| 6. | Other public facilities prescribed by Ministerial Decree of Oceans and Fisheries as particularly necessary for a harbor hinterland complex development project. |
| Article 79 (Installation of electric facilities) |
| (1) | If the Minister of Oceans and Fisheries or a Mayor/Do Governor formulates an implementation plan for a harbor development project or approves an implementation plan for a harbor development project or an implementation plan for a harbor hinterland complex development project implemented by a non-management authority, he or she shall, without delay, notify such fact to a person obligated to install electricity, telecommunications, gas, and district heating facilities under Article 80 (3) of the Act. <Amended on Dec. 29, 2020> |
| (2) | The installation of electricity, telecommunications, gas, and district heating facilities under Article 80 (3) of the Act shall be completed by the date of approval for use or approval for temporary use under Article 22 of the Building Act, unless there is a compelling reason not to do so. |
| Article 80 (Administrative dispositions) |
| (1) | If the Minister of Oceans and Fisheries or a Mayor/Do Governor has made a disposition or has issued an order pursuant to Article 83 (1) of the Act, he or she shall publicly notify the name or title of the person in receipt of such disposition or order, the details of violation, the details of the administrative disposition, the period thereof, etc. in the Official Gazette or public gazette. <Amended on Dec. 29, 2020> |
| (2) | “Period prescribed by Presidential Decree” in Article 83 (1) 7 of the Act means the 3-month period from the date the period for payment of user fees for harbor facilities under the main clause of Article 42 (1) of the Act expires. |
| Article 81 (Notification of transportation) |
| (1) | When the Minister of Oceans and Fisheries or a Mayor/Do Governor gives a notice of the transportation of cargos or a peremptory notice demanding such transportation pursuant to the main clause of Article 86 (1) of the Act, he or she shall specify the items and quantity of the relevant cargos, the initial date of storage, the deadline for transporting cargos, the details of measures to be taken in case of the failure to transport cargos. <Amended on Dec. 29, 2020> |
| (2) | A public announcement under the proviso of Article 86 (1) of the Act shall be made by publicly notifying the details of notification under paragraph (1) in the Official Gazette or public gazette or publishing them in daily newspapers and by posting them at a place easily visible to harbor users for at least 20 days. <Amended on Dec. 29, 2020> |
| Article 82 (Sale of long-standing cargos) |
| (1) | The Minister of Oceans and Fisheries or a Mayor/Do Governor shall sell cargos excluding any cargo specified in the subparagraphs of Article 83 among cargos not transported within the period prescribed in a peremptory notice under the main clause of Article 86 (1) of the Act or in a public announcement under the proviso of that paragraph (hereinafter referred to as "long-standing cargos"). <Amended on Dec. 29, 2020> |
| (2) | The sale under paragraph (1) shall be conducted by means of public auction; provided, if the value of the relevant goods is expected to be less than the cost of public auction, such goods may be sold by a negotiated contract. |
| (3) | If the Minister of Oceans and Fisheries or a Mayor/Do Governor conducts a public auction pursuant to the main clause of paragraph (2), he or she shall publicly announce the following information in advance: <Amended on Dec. 29, 2020> |
| 1. | The name and details of cargos to be offered for the public auction; |
| 2. | The venue, date, and time of the public auction; |
| 3. | The amount of the bid bond, if any; |
| 4. | Other matters deemed necessary by the Minister of Oceans and Fisheries or a Mayor/Do Governor. |
| (4) | If any amount remains after deducting sale costs, various taxes, public charges, and harbor facility user fees from the amount acquired through the sale under paragraph (2), the Minister of Oceans and Fisheries or a Mayor/Do Governor shall deposit such amount in accordance with the Deposit Act. <Amended on Dec. 29, 2020> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the sale of long-standing cargos shall be determined by the Minister of Oceans and Fisheries or a Mayor/Do Governor. <Amended on Dec. 29, 2020> |
| Article 83 (Discarding of long-standing cargos) |
The Minister of Oceans and Fisheries or a Mayor/Do Governor shall discard any of the following cargos among long-standing cargos: <Amended on Dec. 29, 2020>
| 1. | Goods that are likely to harm human life or property; |
| 2. | Decayed or deteriorated goods; |
| 3. | Goods, the utility prescription of which has expired; |
| 4. | Goods that have lost their commodity value; |
| 5. | Other goods prescribed by the Minister of Oceans and Fisheries or a Mayor/Do Governor, which are equivalent to those prescribed in subparagraphs 1 through 4. |
| Article 84 (Vesting of long-standing cargos in the State or City/Do) |
The Minister of Oceans and Fisheries or a Mayor/Do Governor shall vest long-standing cargos which fail to be sold pursuant to Article 82 in the State or a City/Do. <Amended on Dec. 29, 2020> [Title Amended on Dec. 29, 2020]
CHAPTER VIII PUBLIC LOADS AND INDEMNIFICATION
| Article 85 (Replotting for land owners) |
| (1) | If a project developer intends to replot land to a person who owns land in a harbor hinterland complex pursuant to Article 90 (1) of the Act, the developer shall, in advance, determine the methods, procedures, etc. for replotting in accordance with the following standards and request the reflection of such methods, procedures, etc. in the relevant harbor hinterland complex development plan: |
| 1. | The value of the previous land subject to replotting shall be the amount presented by the project developer for consultation at the time of public announcement of compensation, and the value of replotting shall be based on the price of sale in lots of land developed by the relevant harbor hinterland complex development project; |
| 2. | The area of replotting shall be based on the previous area of land, but the area shall be increased or decreased in consideration of regional conditions, the supply of and demand for land for the harbor hinterland complex development project, etc.; |
| 3. | The difference between the previous land value and the replotted value shall be settled in cash. |
| (2) | If a project developer intends to perform replotting in a harbor hinterland complex pursuant to Article 90 (1) of the Act, the developer shall publicly announce the following information: |
| 1. | The name and zone of the harbor hinterland complex development project; |
| 2. | A statement to the effect that replotting shall be performed on the land located in the harbor hinterland complex; |
| 3. | The terms and conditions of replotting; |
| 4. | The period for application for replotting and for consultation. |
| (3) | If a person who owns land in a harbor hinterland complex intends to file an application for replotting pursuant to Article 90 (1) of the Act, the person shall submit an application for replotting to the relevant project developer, along with a land use plan, within the period for filing an application for replotting under paragraph (2) 4. |
| (4) | Upon receipt of an application for replotting under paragraph (3), a project developer shall consult with the landowner who has applied for replotting during the consultation period under paragraph (2) 4. |
| Article 86 (Entrustment of purchase of land) |
| (1) | If a project developer intends to entrust business affairs, such as the purchase of land, indemnification, and relocation measures, to the competent local government or public institution pursuant to Article 91 (1) of the Act, it shall conclude an agreement on the following: |
| 1. | The place of business of the entrusted project; |
| 2. | The type, size, amount, and period of the entrusted project; |
| 3. | Methods of paying expenses necessary to conduct the entrusted project and matters regarding the management of such funds; |
| 4. | If an entrusting party provides real estate, equipment, or workers, matters regarding the management thereof; |
| 5. | Matters regarding risk bearing; |
| 6. | Other matters necessary to clarify the details of the entrusted project. |
| (2) | Upon concluding an agreement pursuant to paragraph (1), a project developer shall publicly announce the conclusion of the agreement and the details thereof on its website, such as the name of the institution that has concluded the agreement. |
| (3) | “Public Institutions prescribed by Presidential Decree” in Article 91 (1) of the Act means the following institutions: <Amended on Dec. 8, 2020> |
| Article 87 (Application for adjudication) |
| (1) | If an application for adjudication is filed pursuant to Article 93 (4) of the Act, an application related to a disposition made by the Minister of Oceans and Fisheries (including a person to whom the authority of the Minister is delegated pursuant to Article 93; hereafter in this Article, the same shall apply) or a Mayor/Do Governor or related to a development project implemented by the Minister or a Mayor/Do Governor shall be filed with the Central Land Tribunal under Article 49 of the Act on Acquisition of and Compensation for Land for Public Works Projects, and an application related to other matters shall be filed with the local land tribunal under that Article. <Amended on Dec. 29, 2020> |
| (2) | A person who intends to file an application for adjudication pursuant to paragraph (1) shall submit an application for adjudication in the form prescribed by Ministerial Decree of Oceans and Fisheries, stating the following information, to the competent land tribunal: <Amended on Dec. 29, 2020> |
| 1. | The name or title and address of the applicant for adjudication and the other party; |
| 2. | The fact that the loss occurred; |
| 3. | The details of the amount of indemnification determined by the Minister of Oceans and Fisheries, a Mayor/Do Governor, a non-management authority and the relevant project developer, and the amount of the loss calculated by the applicant for adjudication; |
| 4. | The progress of consultation. |
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 88 (Relationship to other national projects) |
If an administrative authority intends to consult with, or obtain approval from, the Minister of Oceans and Fisheries or a Mayor/Do Governor pursuant to Article 96 (1) of the Act, the procedures prescribed in Article 13 or 44 (1) shall apply mutatis mutandis. <Amended on Dec. 29, 2020>
| Article 89 (Restrictions on acts) |
| (1) | Acts subject to permission under Article 97 (1) of the Act shall be as follows: <Amended on Aug. 26, 2020; Jan. 10, 2023> |
| 1. | Construction, etc. of buildings: Construction, substantial repair, or alteration of the purpose of use of buildings (including temporary buildings) defined in Article 2 (1) 2 of the Building Act; |
| 3. | Change of the form and quality of Land: An act of changing the shape of land by cutting, filling, leveling down, paving down, etc.; excavation of land; and reclamation of public waters; |
| 4. | Extraction of soil and rocks: An act of extracting soil and stones, such as earth, sand, gravel, rocks, etc.; provided, those for the purpose of changing the form and quality of land shall be governed by subparagraph 3; |
| 7. | An act of piling up goods: An act of piling up goods which are not easy to move for at least 1 month; |
| 8. | An act of felling or planting bamboo trees. |
| (2) | “Acts prescribed by Presidential Decree, such as changing the form and quality of land for cultivation” in Article 97 (2) 2 of the Act means the following acts: |
| 1. | Change of the form and quality of land for cultivation; |
| 2. | Extraction of soil and stones to the extent that it does not interfere with a harbor hinterland complex development project and does not damage the scenery; |
| 3. | Temporary planting of ornamental bamboo trees in land other than cultivated land. |
| (3) | If a person who commences construction works or projects pursuant to Article 97 (3) of the Act intends to file a report thereon, the person shall submit a report in the form prescribed by Ministerial Decree of Oceans and Fisheries to the Minister of Oceans and Fisheries or the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu within 30 days from the date the relevant harbor hinterland complex is designated and publicly notified, along with the progress of the relevant construction works or projects and an implementation plan. |
| Article 90 (Joint conference on constructive authorization and permission) |
| (1) | If the Minister of Oceans and Fisheries or a Mayor/Do Governor intends to hold a joint conference on constructive authorization and permission, etc. under Article 99 (1) of the Act (hereinafter referred to as "joint conference"), he or she shall notify the head of a relevant administrative agency of a plan to hold a meeting by no later than 7 days before holding the meeting. <Amended on Dec. 29, 2020> |
| (2) | Upon receipt of notification under paragraph (1), the head of a relevant administrative agency shall submit his or her opinion on constructive authorization, permission, etc. under the subparagraphs of Article 98 (1) of the Act at a meeting of the a joint conference; provided, if it is impracticable to submit his or her opinion on the relevant authorization, permission, etc. at a meeting of a joint conference because it is necessary to review statutes or regulations and verify facts, etc., he or she may submit his or her opinion within 5 days after the date the joint conference meeting is held. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the operation, etc. of a joint conference shall be determined by the Minister of Oceans and Fisheries or a Mayor/Do Governor. <Amended on Dec. 29, 2020> |
| Article 91 (Transfer of rights or obligations) |
“Grounds prescribed by Presidential Decree, such as inheritance” in the proviso of Article 101 (1) of the Act means the following: | 2. | Mergers and acquisitions of corporations; |
| Article 92 (Matters to be stated in articles of incorporation) |
The articles of incorporation of the Association shall include the following information:
| 3. | The location of the principal office; |
| 4. | Matters regarding membership and withdrawal of members; |
| 5. | Matters regarding the business and its operation; |
| 6. | Matters regarding the maximum number, term of office, and methods of election of, executive officers; |
| 7. | Matters regarding general meetings and the board of directors; |
| 8. | Matters regarding the organization and management; |
| 9. | Matters regarding assets and accounting; |
| 10. | Matters regarding the modification of the articles of incorporation; |
| 11. | Other matters that the Minister of Oceans and Fisheries deems necessary for the operation of the Association. |
| Article 93 (Delegation of authority) |
| (1) | The Minister of Oceans and Fisheries shall delegate the following authority over national trade ports and national coastal ports under Article 3 (2) 1 and (3) 1 of the Act to the administrators of regional offices of oceans and fisheries pursuant to Article 104 (1) of the Act: <Amended on Jul. 4, 2022; Jun. 7, 2023> |
| 1. | Designation and public notice of harbor facilities under the latter part, with the exception of the items, of subparagraph 5 of Article 2 of the Act; |
| 2. | Implementation of harbor development projects under Article 9 (1) of the Act; |
| 3. | Permission to implement harbor development projects or permission for modification thereof and notification thereof under Article 9 (2) through (4), (6), and (8); |
| 4. | Examination of feasibility under Article 9 (3) 5 of the Act; |
| 5. | Public notice of implementation of harbor development projects and permission therefor under Article 9 (9) of the Act; |
| 6. | Formulation, modification, public announcement, approval, approval for modification, acceptance of reports, application for approval, or extension of the deadline for filing a report, of an implementation plan for a harbor development project under Article 10 (1), (2), (5), or (6) of the Act; |
| 7. | Notification to the owners and right holders of land, goods, or rights and separate preparation and public announcement of detailed lists under Article 10 (3) of the Act; |
| 7-2. | Postponement of the deadline for completion of harbor development projects under the proviso of Article 11 of the Act; |
| 8. | Public announcement of the completion of harbor development projects under Article 12 (1) of the Act; |
| 9. | Confirmation of completion of harbor development projects and issuance of completion certificates under Article 12 (3) of the Act; |
| 10. | Acceptance of reports on use before completion of construction under Article 12 (6) of the Act; |
| 11. | Implementation of incidental works under Article 13 of the Act; |
| 12. | Implementation of harbor development projects as an agent under Article 14 of the Act; |
| 13. | Measures to vest harbor facilities in the State under the main clause of Article 15 (1) of the Act and paragraph (3) of that Article (including cases applied mutatis mutandis pursuant to Article 60 (1) of the Act), and permission to gratuitously use harbor facilities vested in the State; |
| 14. | Measures such as sale, etc. upon request for sale of land under Article 16 of the Act; |
| 15. | Permission for lease under the proviso of Article 18 (1) of the Act; |
| 16. | Acceptance of reports under Article 19 (2) of the Act and permission for gratuitous use under paragraph (3) of that Article; |
| 17. | Management of harbors and establishment and operation of operational rules for harbors under Article 20 of the Act; |
| 18. | Setting of districts under Article 21 of the Act; |
| 19. | Preparing and keeping harbor registers under Article 22 of the Act; |
| 20. | Designation and supervision of harbor management corporations under Article 23 of the Act; |
| 21. | Establishment of right to manage harbor facilities, registration of such rights, and registration of modification of such rights under Articles 24 and 25 of the Act; |
| 22. | Access control, withdrawal of access control measures, public announcement thereof under Article 28 (2) through (4) of the Act; |
| 23. | Acceptance of reports on the installation and removal of facilities and equipment under Article 31 (2) of the Act; |
| 24. | Inspection of facilities and equipment and collection of fees under Article 33 of the Act; |
| 25. | Exemption from inspections under Article 34 of the Act; |
| 26. | Measures regarding safety inspections under Article 38 (1) of the Act and safety inspections of harbor facilities under paragraph (2) of that Article; |
| 27. | Permission to use harbor facilities and receipt of reports on use of harbor facilities under Article 41 of the Act; |
| 28. | Collection of and exemption from user fees for harbor facilities, payment of expenses incurred in paying user fees on behalf of harbor facilities, and acceptance of reports on the rates, methods, etc. of collection of user fees by harbor facility operators or lessees under Article 42 of the Act; |
| 29. | Acceptance of reports on the methods of use, rates of user fees, methods of collection, etc. by non-management authorities or project developers, and issuance of orders necessary for the management and operation of harbor facilities under Article 43 of the Act (including cases applied mutatis mutandis pursuant to Article 60 (1) of the Act); |
| 30. | Approval of implementation plans for harbor hinterland complex development projects, approval for modification thereof, collection of opinions, public notice, and sending of related documents under Article 51 of the Act; |
| 31. | Confirmation of completion of harbor hinterland complex development projects, issuance of completion certificates, issuance of orders for supplementary construction, etc., and acceptance of reports on use before completion of construction under Article 58 of the Act; |
| 32. | Public announcement of completion of construction works under Article 59 of the Act; |
| 33. | Measures such as sale, etc. upon request for sale of land under Article 61 of the Act; |
| 34. | Compulsory collection of user fees, etc. under Article 82 of the Act; |
| 35. | Dispositions, orders, and public notification on violations of statutes or regulations under Article 83 (1) and (3) of the Act (limited to dispositions, orders, and public notification on violations of statutes or regulations on matters for which authority has been delegated); |
| 36. | Dispositions, etc. under Article 84 of the Act; |
| 37. | Orders for reporting and entrance and inspections under Article 85 of the Act; |
| 38. | Disposal of long-standing cargos under Article 86 of the Act; |
| 39. | Access to another person's land, temporary use of land, and alteration or removal of obstacles under Article 87 of the Act; |
| 40. | Requests for provision of labor, temporary use of land, etc., alteration and removal of structures, etc., and use and expropriation of soil and stones, etc. under Article 88 of the Act; |
| 41. | Expropriation and use of land, etc. under Article 89 of the Act; |
| 42. | Compensation for losses under Article 93 or 94 of the Act; |
| 43. | Compensation for losses or installation of facilities for prevention of losses under Article 95 of the Act; |
| 44. | Consultation or approval under Article 96 of the Act; |
| 45. | Consultation with the heads of relevant administrative agencies under Article 98 (3) of the Act; |
| 46. | Hearings under Article 100 of the Act (limited to hearings on matters for which authority has been delegated); |
| 47. | Authorization for transfer of rights and obligations under Article 101 of the Act (limited to authorization for matters for which authority has been delegated); |
| 49. | Imposition and collection of administrative fines under Article 113 of the Act (excluding violations of paragraph (1) 7, 8, and 16 of that Article); |
| 50. | Designation of an appraisal corporation, etc. and appraisal of land value under Article 24 (2) and (3) (including cases applied mutatis mutandis pursuant to Article 27 (2) and Article 61 (2) of the Act). |
| (2) | The Minister of Oceans and Fisheries shall delegate the following authority regarding regional trade ports and regional coastal ports under Article 3 (2) 2 and (3) 2 of the Act to a Mayor/Do Governor pursuant to Article 104 (1) of the Act; in such cases, the Mayor/Do Governor may re-delegate the authority delegated to the head of a Si/Gun/Gu with approval from the Minister of Oceans and Fisheries: <Amended on Dec. 29, 2020; Jul. 4, 2022> |
| 1. | Designation and public notice of harbor facilities under the latter part, with the exception of the items, of subparagraph 5 of Article 2 of the Act; |
| 2. | Deleted; <Jul. 4, 2022> |
| 3. | Deleted; <Jul. 4, 2022> |
| 4. | Deleted; <Jul. 4, 2022> |
| 5. | Deleted; <Jul. 4, 2022> |
| 6. | Imposition and collection of administrative fines under Articles 113 (1) 11, 12 (limited to the part regarding requests for submission of materials and entry and inspection by the Minister of Oceans and Fisheries or a management agency specified in Article 66 (2) 1 of the Act, under Article 85 (2) of the Act), 13 (limited to inspections and surveys for formulating an implementation plan for a harbor hinterland complex development project or for implementing a harbor hinterland complex development project), 14 (limited to inspections and surveys for formulating an implementation plan for a harbor hinterland complex development project or for implementing a harbor hinterland complex development project), and 15 of the Act. |
| Article 94 (Entrustment of business affairs) |
The Minister of Oceans and Fisheries shall entrust the following business affairs to the Association pursuant to Article 104 (2) of the Act: | 1. | Identifying and managing international cooperation projects; conducting surveys and research; and providing relevant information under subparagraph 1 of Article 103 of the Act; |
| 2. | Human exchanges and education and training for relevant human resources under subparagraph 2 of Article 103 of the Act; |
| 3. | Providing advice on advance into overseas harbor development projects as well as technical support under subparagraph 3 of Article 103 of the Act; |
| 4. | Construction and operation of relevant information system among business affairs regarding international exchanges and publicity on harbor-related information under subparagraph 4 of Article 103 of the Act; |
| 5. | Identifying cooperation projects and holding international events among cooperation with harbor-related international organizations as well as with assistance-related institutions under subparagraph 5 of Article 103 of the Act; |
| 6. | Support for enterprises related to harbors and harbor industries to advance into overseas markets under subparagraph 6 of Article 103 of the Act. |
| Article 95 (Re-examination of regulation) |
The Minister of Oceans and Fisheries shall examine the appropriateness of the designation of a project developer and revocation and modification of such designation under Article 54 every 3 years, counting from January 1, 2023 (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 Wholly Amended on Mar. 7, 2023]
CHAPTER X PENALTY PROVISIONS
| Article 96 (Criteria for imposition of administrative fines) |
The criteria for imposition of administrative fines under Article 113 (1) and (2) of the Act shall be as specified in Appendix 7.
ADDENDA <Presidential Decree No. 30876, Jul. 28, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on July 30, 2020.
Article 2 (Applicability to documents attached to applications for approval of implementation plans for harbor development projects)
The amended provisions of Article 18 (1) 5, 6, and 8 shall begin to apply to applications for approval of an implementation plan for a harbor development project filed after this Decree enters into force. Article 3 (Applicability to approval for modification of implementation plans for harbor development projects)
The amended provisions of the latter part of Article 18 (3) shall begin to apply to applications for approval for modification of an implementation plan for a harbor development project filed after this Decree enters into force. Article 4 (Applicability to documents attached to applications for approval of implementation plans for harbor hinterland complex development projects)
The amended provisions of Article 55 (1) 8 shall begin to apply to applications for approval of an implementation plan for a harbor hinterland complex development project or approval for modification thereof filed after this Decree enters into force. Article 5 (Special cases regarding initial date of safety inspection)
When applying the amended provisions of Appendix 6 to harbor facilities installed before September 24, 2014, which is the enforcement date of the Enforcement Decree of the Harbor Act (Presidential Decree No. 25637), September 24, 2014 shall be deemed the date of completion of, or approval for use of, the harbor facilities. Article 6 (General transitional measures regarding disposition)
Acts performed by or toward administrative agencies in accordance with the previous Enforcement Decree of the Harbor Act as at the time this Decree enters into force shall be deemed those performed by or toward administrative agencies in accordance with this Decree which correspond thereto. Article 7 (Transitional measures regarding applications for approval of implementation plans for harbor development projects in each stage)
Notwithstanding the amended provisions of Article 18 (2), Article 13 (2) of the previous Enforcement Decree of the Harbor Act shall apply to a harbor project for which an application for permission for implementation has been filed pursuant to the main clause, with the exception of the subparagraphs, of Article 9 (2) of the previous Harbor Act before this Decree enters into force. Article 8 (Transitional measures regarding approval of implementation plans for harbor development projects for facilities to assemble, process, pack, and manufacture cargos)
Article 9 (Transitional measures regarding methods for calculating value of land that is not vested in the State)
Article 10 (Transitional measures regarding facilities that are not vested in the State)
Notwithstanding the amended provisions of Article 24 (4), Article 18 (1) of the previous Enforcement Decree of the Harbor Act shall apply to a harbor project for which an application for permission for implementation has been filed by a non-management authority pursuant to the main clause, with the exception of the subparagraphs, of Article 9 (2) of the previous Harbor Act before this Decree enters into force. Article 11 (Transitional measures regarding scope of total project costs)
Article 12 (Transitional measures regarding gratuitous use of vested harbor facilities)
Article 13 (Transitional measures regarding procedures for proposal of harbor hinterland complex development projects)
Article 15 (Relationship to other statutes or regulations)
A citation of any provisions of the previous Enforcement Decree of the Harbor Act in other statutes or regulations as at the time this Decree enters into force shall be deemed to be a citation of the corresponding provisions of this Decree, in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Presidential Decree No. 30977, Aug. 26, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on August 28, 2020.
ADDENDA <Presidential Decree No. 31243, Dec. 8, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on December 10, 2020.
ADDENDUM <Presidential Decree No. 31332, Dec. 29, 2020>
This Decree shall enter into force on January 1, 2021.
ADDENDA <Presidential Decree No. 31438, Feb. 9, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on February 19, 2021.
ADDENDUM <Presidential Decree No. 31705, May 25, 2021>
This Decree shall enter into force on June 9, 2021.
ADDENDA <Presidential Decree No. 31986, Sep. 14, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32763, Jul. 4, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on July 5, 2022.
Article 2 (Applicability to submission of plans for, and public announcement of, sale and lease of developed land)
The amended provisions of Article 64 (1) and (3) shall begin to apply to developed land to be acquired after this Decree enters into force.
ADDENDA <Presidential Decree No. 33225, Jan. 10, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on January 12, 2023.
ADDENDUM <Presidential Decree No. 33321, Mar. 7, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33515, Jun. 7, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on June 28, 2023.
Article 2 (Transitional measures regarding previous agreements)
An agreement that was concluded before this Decree enters into force to have a dedicated institution manage and operate the integrated harbor construction information system pursuant to the previous provisions of Article 27 (3) of the Act shall be deemed an agreement on the entrustment of business affairs concluded pursuant to the amended provisions of Article 34 (2).
ADDENDA <Presidential Decree No. 34153, Jan. 16, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on January 26, 2024. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 34480, Apr. 30, 2024>
This Decree shall enter into force on May 1, 2024; provided, the amended provisions of Article 7 (1) 1 through 4 shall enter into force on the date of the promulgation of this Decree.
ADDENDA <Presidential Decree No. 34491, May 7, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on May 17, 2024.
ADDENDA <Presidential Decree No. 34533, May 28, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 34550, Jun. 4, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on June 8, 2024.