| Article 1-2 (Scope of Small-Scale Fishing Households) |
| (1) | "Small-scale fishing households (referring to fishing households within the range prescribed by Presidential Decree" in subparagraph 5 of Article 4 of the Act means a fishing household, meeting all of the following requirements: |
| 1. | Members of a fishing household shall live in the same household on the resident registration card, and all or some of the members shall be fishers: Provided, That any of the following persons shall be deemed to live in the same household even if he or she lives in a different household on the resident registration card: |
| (b) | An unmarried lineal descendant under 19 years of age; |
| (c) | A person who has left the household for reasons other than marriage after having lived in the same household on the resident registration card, and for whom the period of leaving the household is less than three years. In such cases, the period of leaving the household shall be calculated as the period during which the person has lived in a different household on the resident registration record, but where the period during which the actual place of residence has been the same is included therein, such period shall be excluded; |
| 2. | A fishing household meeting all of the requirements under the subparagraphs of Article 18-2 (1) of the Act. |
[This Article Added on Mar. 21, 2023]
| Article 2 (Persons Excluded from Application for Direct Payments for Areas with Unfavorable Conditions) |
| 1. | A daily worker who has been employed for at least one month; |
| (2) | "A fishing household or fisher who has income and property prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 8 (1) of the Act, means the relevant fishing household or fisher, where the fisher or a household member who shares the same livelihood and residence with the fisher falls under any of the following subparagraphs: |
| 1. | Where the highest grade of the global income tax base under Article 55 (1) of the Income Tax Act is applied in the year preceding the year in which an application for direct payments for areas with unfavorable conditions under Article 6 of the Act (hereinafter referred to as "direct payments for areas with unfavorable conditions") is filed; |
| 2. | Where the highest or second highest grade of the tax base of comprehensive real estate holding tax on housing under Article 9 (1) of the Comprehensive Real Estate Holding Tax Act is applied in the year preceding the year in which an application for direct payment for areas with unfavorable conditions is filed. |
| Article 3 (Organization of Steering Committee in Areas Without Fishing Village Fraternities) |
In cases of an area without a fishing village fraternity under the proviso of Article 9 (1) of the Act, a steering committee for direct payments for areas with unfavorable conditions may be organized in each Dong/Ri, or each administrative Dong/Ri area under Article 7 (4) of the Local Autonomy Act. <Amended on Dec. 16, 2021>
| Article 4 (Payments to Joint Fund for Fishing Villages) |
"Amount prescribed by Presidential Decree" in Article 13 (3) of the Act means at least 20/100 of direct payments for areas with unfavorable conditions.
| Article 5 (Requirements for Direct Payments for Business Transfer) |
| (1) | A person who intends to transfer the fishing village fraternity membership under subparagraph 3 of Article 14 of the Act shall do so to a fisher 60 years of age or younger who intends to newly obtain the fishing village fraternity membership (excluding the spouse, or lineal ascendants and descendants of a person who intends to transfer such membership), following a resolution at a general meeting of the fishing village fraternity to which he or she belongs, and shall permanently withdraw from the relevant fishing village fraternity.<Amended on Mar. 21, 2023> |
| (2) | "Requirements prescribed by Presidential Decree" in subparagraph 4 of Article 14 of the Act means that a fishing village fraternity member shall have an income that can be proved by a report on settlement of accounts, etc. of the fishing village fraternity for three years immediately preceding the year in which an application for selection of persons eligible for direct payments for business transfer under Article 15 (1) of the Act is filed. |
| Article 6 (Requirements for Direct Payments for Protecting Fishery Resources) |
| (1) | Direct payments for protecting fishery resources under Article 17 (1) of the Act (hereinafter referred to as "direct payments for protecting fishery resources") shall be granted to fishers who have fulfilled the obligations determined and publicly notified by the Minister of Oceans and Fisheries and who have engaged in fishing operations in excess of the minimum number of days determined and publicly notified by the Minister of Oceans and Fisheries. |
| (2) | Obligations under paragraph (1) may be categorized into basic obligations that are mandatory, such as compliance with the total allowable catch (TAC) established and allocated under Articles 36 and 37 of the Fishery Resources Management Act, and optional obligations that are discretionary, such as the establishment and operation of fishing moratorium; and at least two optional obligations shall be selected and fulfilled. |
| Article 7 (Methods and Procedures for Applying for Direct Payments for Protecting Fishery Resources) |
| (1) | A person who intends to receive direct payments for protecting fishery resources under Article 17 (1) of the Act shall file an application for selection of persons eligible for direct payments for protecting fishery resources with the Minister of Oceans and Fisheries, along with a plan for fulfilling the obligations under Article 6, as prescribed by Ministerial Decree of Oceans and Fisheries. |
| (2) | The Minister of Oceans and Fisheries shall select a person eligible for direct payments for protecting fishery resources and an eligible fishing vessel, in consideration of the impacts, etc. that the obligations that an applicant under paragraph (1) intends to fulfill have on the protection of fishery resources, and shall notify the applicant of such fact. |
| (3) | Where the eligible person and fishing vessel are selected under paragraph (2), they shall be subject to deliberation by the Central Fisheries Mediation Committee under Article 95 of the Fisheries Act. <Amended on Apr. 30, 2024> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for applying for direct payments for protecting fishery resources and selecting persons and fishing vessels eligible for such payments shall be prescribed by Ministerial Decree of Oceans and Fisheries. |
| Article 8 (Methods and Procedures for Granting Direct Payments for Protecting Fishery Resources) |
| (1) | Where a person selected to be eligible for direct payments for protecting fishery resources under Article 7 (2) is verified to meet the payment requirements under Article 6, the Minister of Oceans and Fisheries shall grant the direct payments for protecting fishery resources. |
| (2) | Direct payments for protecting fishery resources shall be granted at a fixed amount in cases of an eligible fishing vessel not exceeding the gross tonnage determined and publicly notified by the Minister of Oceans and Fisheries, and at an amount determined in proportion to tonnage in cases of other eligible fishing vessels. |
| (3) | Except as provided in paragraphs (1) and (2), details regarding the standards, methods, and procedures for granting direct payments for protecting fishery resources shall be determined by the Minister of Oceans and Fisheries. |
| Article 9 (Requirements for Granting Direct Payments for Supporting Production of Environment-Friendly Marine Products) |
Direct payments for supporting the production of environment-friendly marine products under Article 18 (1) of the Act (hereinafter referred to as "direct payments for supporting the production of environment-friendly marine products"), categorized into direct payments for supporting the production of organic fishery products, direct payments for supporting the production of non-antibiotic fishery products, etc., and direct payments for supporting the production of fishery products using mixed feed, shall be granted in accordance with the following standards: | 1. | Direct payments for supporting the production of organic fishery products: Payments shall be granted when in compliance with all of the following obligations: |
| 2. | Direct payments for supporting the production of non-antibiotic fishery products, etc.: Payments shall be granted when in compliance with all of the following obligations: |
| (b) | Fishery products certified as antibiotic-free fishery products, etc. under Article 34 (1) of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods; |
| 3. | Direct payments for supporting the production of fishery products using mixed feed: Payments shall be granted when in compliance with all of the following obligations: |
| Article 10 (Methods and Procedures for Applying for Direct Payments for Supporting Production of Environment-Friendly Marine Products) |
| (1) | A person who intends to receive direct payments for supporting the production of environment-friendly marine products under Article 18 (1) of the Act shall file an application for selection of persons eligible for direct payments for supporting the production of environment-friendly marine products with the Minister of Oceans and Fisheries, as prescribed by Ministerial Decree of Oceans and Fisheries. |
| (2) | The Minister of Oceans and Fisheries shall verify whether applicants under paragraph (1) meet the payment requirements under the subparagraphs of Article 9 to select the eligible persons, and notify the applicants of such fact. |
| (3) | Except as provided in paragraphs (1) and (2), details regarding the methods and procedures for applying for direct payments for supporting the production of environment-friendly marine products shall be prescribed by Ministerial Decree of Oceans and Fisheries. |
| Article 11 (Granting of Direct Payments for Supporting Production of Environment-Friendly Marine Products) |
The Minister of Oceans and Fisheries shall inspect whether persons selected to be eligible for direct payments for supporting the production of environment-friendly marine products under Article 10 (2) have continued to fulfill the obligations in accordance with the classifications under the subparagraphs of Article 9, and shall grant direct payments for supporting the production of environment-friendly marine products to such persons verified to meet the payment requirements.
| Article 11-2 (Requirements for Direct Payments for Small-Scale Fishing Households) |
The requirements for direct payments for small-scale fishing households (hereinafter referred to as "direct payments for small-scale fishing households") under Article 18-2 (1), shall be as specified in Appendix 1. [This Article Added on Mar. 21, 2023]
| Article 11-3 (Requirements for Direct Payments for Fishing Crew Members) |
| (1) | "Fishing vessels prescribed by Presidential Decree" in Article 18-4 (1) 1 of the Act means the following fishing vessels permitted to engage in fishing activities: |
| (2) | "The global income of non-fishing business of the fisher … as of the year immediately preceding the year of the application shall be less than the amount prescribed by Presidential Decree" in Article 18-4 (1) 3 of the Act means that the global income of non-fishing business of the fisher is less than 20 million won as of the year immediately preceding the year of the application. |
| (3) | "The sum of the global income of non-fishing business of all members of the same household shall be less than the amount prescribed by Presidential Decree" in Article 18-4 (1) 3 of the Act means that the sum of the global income of non-fishing business of all members of the same household is less than 45 million won. |
[This Article Added on Mar. 21, 2023]
| Article 12 (Completion of Education) |
| (1) | The education that a person who intends to receive public direct payments under Article 19 of the Act (hereinafter referred to as "public direct payments") is required to complete under subparagraph 1 of that Article shall include the following: |
| 1. | Public functions of the fisheries industry and fishing villages, and roles of fishers; |
| 2. | Operation of the public direct payment program and granting of public direct payments; |
| 3. | Matters to be complied with by fishers, etc. in relation to the granting of public direct payments. |
| (2) | Details regarding the provision of education under paragraph (1) shall be prescribed by Ministerial Decree of Oceans and Fisheries. |
| Article 13 (Compliance with Fisheries-Related Statutes or Regulations) |
Fisheries-related statutes or regulations prescribed by Presidential Decree, such as the Fisheries Act under subparagraph 3 of Article 19 of the Act means statutes or regulations under Appendix 1-2. <Amended on Mar. 21, 2023>
| Article 14 (Matters to Be Complied with for Receipt of Public Direct Payments) |
"Matters prescribed by Presidential Decree" in subparagraph 3 of Article 19 of the Act means matters to be complied with under Appendix 1-3. [This Article Wholly Amended on Mar. 21, 2023]
| Article 15 (Investigation into Compliance regarding Public Direct Payments) |
| (1) | Where necessary for conducting an investigation under Article 20 (1) of the Act, the Minister of Oceans and Fisheries may request that the head of the relevant central administrative agency, a Special Self-Governing Province Governor, or the head of a Si/Gun/autonomous Gu (hereinafter referred to as "Special Self-Governing Province Governor, etc.") provide necessary data, such as the results of the relevant disposition, etc. |
| (2) | Except as provided in paragraph (1), matters necessary for investigations into and verification of compliance for the receipt of public direct payments shall be determined by the Minister of Oceans and Fisheries. |
| Article 16 (Interest Rate of Additional Charges) |
"Interest rate prescribed by Presidential Decree" in the former part of Article 22 (3) of the Act means 6/100 per annum.
| Article 17 (Informatization and Request for Provision of Data) |
| (1) | The Minister of Oceans and Fisheries may establish and operate an electronic information system to efficiently manage information on the implementation of the public direct payment program under Article 23 (1) of the Act. |
| (2) | The scope of data the provision of which is requested by the Minister of Oceans and Fisheries under Article 23 (2) of the Act shall be as specified in Appendix 2. |
| (3) | Where the Minister of Oceans and Fisheries intends to request the provision of data under paragraph (2), the Minister shall specify the following in detail: |
| 1. | Reasons for requesting the provision of data; |
| 2. | Deadline for providing data; |
| 3. | Scope and methods of providing data; |
| 4. | Other matters deemed necessary by the Minister of Oceans and Fisheries. |
| (4) | The Minister of Oceans and Fisheries shall provide the heads of the relevant administrative agencies, etc. only with data related to the business affairs of the relevant agencies under Article 23 (4) of the Act, and the agencies, in receipt of such data, shall not use the relevant data for any purpose other than the purpose for which they are provided. |
| (1) | The Minister of Oceans and Fisheries may formulate and implement an annual implementation plan for guidance, etc. to efficiently provide guidance, supervision, and management (hereinafter referred to as "guidance, etc.") under Article 25 (1) of the Act. |
| (2) | Where necessary for providing guidance, etc., the Minister of Oceans and Fisheries may organize and operate a joint inspection team consisting of public officials who belong to management institutions under Article 19 and to the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province. |
| Article 19 (Designation and Operation of Management Institutions) |
In order to provide guidance, etc., the Minister of Oceans and Fisheries may designate and operate the following institutions as management institutions under Article 25 (2) of the Act for each direct payment program under the subparagraphs of Article 4 of the Act: <Amended on March 21, 2023> | 1. | Direct payment program for areas with unfavorable conditions, direct payment program for business transfer, direct payment program for small-scale fishing households, and direct payment program for fishing crew members: A regional office of oceans and fisheries; |
| 2. | Direct payment program for protecting fishery resources: The East Sea, West Sea, and South Sea Fisheries Management Service; |
| 3. | Direct payment program for supporting the production of environment-friendly marine products: The National Fishery Products Quality Management Service. |
| Article 20 (Delegation and Entrustment of Authority) |
| (1) | Pursuant to Article 26 (1) of the Act, the Minister of Oceans and Fisheries shall delegate his or her authority to the head of the East Sea, West Sea, and South Sea Fisheries Management Service to verify whether the payment requirements are met under Article 17 of the Act and Article 8 (1) of this Decree. |
| (2) | Pursuant to Article 26 (1) of the Act, the Minister of Oceans and Fisheries shall delegate his or her authority to the Director General of the National Fishery Products Quality Management Service to verify whether the payment requirements are met under Article 18 of the Act and Article 11 of this Decree (limited to verification as to whether the payment requirements are met under subparagraphs 1 and 2 of Article 9). |
| (3) | Pursuant to Article 26 (1) of the Act, the Minister of Oceans and Fisheries shall delegate the following authority to the heads of regional offices of oceans and fisheries: <Amended on Mar. 21, 2023> |
| 1. | Investigations, and inspection of books and documents under Article 20 (1) and (2) of the Act (limited to verification of compliance under Article 14 and subparagraph 1 (a) of Appendix 1-3); |
| 2. | Verification as to whether documents under Article 20 (6) of the Act (limited to documents related to matters to be complied with under Article 14 and subparagraph 1 (a) of Appendix 1-3) are stored and kept; |
| 3. | Imposition and collection of administrative fines under Article 32 (1) 1 of the Act (limited to administrative fines for refusing, obstructing, or evading an investigation, inspection, etc. to verify compliance under Article 14 and subparagraph 1 (a) of Appendix 1-3); |
| 4. | Imposition and collection of administrative fines under Article 32 (1) 2 of the Act (limited to administrative fines for failing to store and keep documents related to matters to be complied with under Article 14 and subparagraph 1 (a) of Appendix 1-3). |
| (4) | The Minister of Oceans and Fisheries shall delegate the following authority to a Special Self-Governing Province Governor, etc. pursuant to Article 26 (1) of the Act:<Amended on Mar. 21, 2023> |
| 1. | Receipt of applications for selection of persons eligible for direct payments for protecting fishery resources and notification of the selection of persons eligible for such payments under Article 17 of the Act and Article 7 (1) and (2) of this Decree, and granting of direct payments for protecting fishery resources under Article 8 (1); |
| 2. | Receipt of applications for selection of persons eligible for direct payments for supporting the production of environment-friendly marine products, and selection of and notification to persons eligible for such payments under Article 18 of the Act and Article 10 of this Decree, and verification (limited to verification as to whether the payment requirements under subparagraph 3 of Article 9 are met) as to whether the payment requirements are met and granting of direct payments for supporting the production of environment-friendly marine products under Article 11; |
| 3. | Investigations and inspection of books and documents under Article 20 (1) and (2) of the Act (limited to verification of compliance under subparagraphs 1 and 2 of Article 19 of the Act, Article 14 of this Decree, subparagraph 1 (b) of Appendix 1-3, subparagraphs 2 and 3 of that Table); |
| 4. | Verification as to whether documents are stored and kept under Article 20 (6) of the Act (limited to documents related to matters to be complied with under subparagraphs 1 and 2 of Article 19 of the Act, Article 14 of this Decree, subparagraph 1 (b) of Appendix 1-3, subparagraphs 2 and 3 of that Table); |
| 5. | Restrictions on the granting of public direct payments under Article 21 of the Act; |
| 6. | Recovery of unjust gains and imposition and collection of additional monetary sanctions and additional charges under Article 22 of the Act; |
| 6. | Disclosure of information on the recipients of public direct payments, and receipt of and investigations into objections against such disclosure, and notification of the results under Article 24 of the Act; |
| 8. | Receipt of reports and determination on whether to pay monetary awards under Article 28 of the Act; |
| 9. | Imposition and collection of administrative fines under Article 32 (1) of the Act (excluding the imposition and collection of administrative fines delegated to the heads of regional offices of oceans and fisheries under paragraphs (3) 3 and 4. |
| (5) | The Director General of the National Fishery Products Quality Management Service and the head of a regional office of oceans and fisheries may re-delegate part of the authority delegated under paragraphs (2) and (3) to the heads of the affiliated agencies after obtaining approval from the Minister of Oceans and Fisheries. In such cases, the Director General of the National Fishery Products Quality Management Service and the head of the regional office of oceans and fisheries shall publicly notify the details of such re-delegation. |
| (7) | Where the Minister of Oceans and Fisheries entrusts business affairs under paragraph (6), the Minister shall publicly notify matters regarding the names of the entrusted institutions, the scope of the entrusted business affairs, etc. |
| Article 21 (Management of Personally Identifiable Information) |
| 1. | Verification of compliance in order to grant direct payments for protecting fishery resources and direct payments for supporting the production of environment-friendly marine products, receipt of applications for selection of persons eligible for such payments, and granting of such payments under Articles 17 and 18 of the Act and Articles 6 through 11 of this Decree; |
| 2. | Investigations into compliance for the receipt of public direct payments under Article 20 of the Act; |
| 3. | Restrictions on the granting of public direct payments under Article 21 of the Act; |
| 4. | Recovery of unjust gains, and imposition and collection of additional monetary sanctions and additional charges under Article 22 of the Act; |
| 5. | Formulation and implementation of policies necessary for informatization and requests, etc. for the provision of data under Article 23 of the Act; |
| 6. | Disclosure of information on the recipients of public direct payments, and receipt of and investigations into objections against such disclosure, and notification of the results under Article 24 of the Act; |
| 7. | Guidance, supervision and management under Article 25 of the Act; |
| 8. | Commissioning and operation of honorary monitors for the public direct payment program and payment of expenses under Article 27 of the Act; |
| 9. | Receipt of reports and payment of monetary awards under Article 28 of the Act; |
| 10. | Imposition and collection of administrative fines under Article 32 of the Act. |
| 1. | Receipt of an application for an agreement on the granting of direct payments for areas with unfavorable conditions, verification of qualifications, eligibility, etc. of a fisher who has filed the application for an agreement on the granting of direct payments for areas with unfavorable conditions under Article 10 of the Act; |
| 2. | Granting of direct payments for areas with unfavorable conditions under Article 13 of the Act; |
| 3. | Receipt of applications for direct payments for business transfer under Article 15 of the Act and verification of eligibility of fishers who have submitted applications, etc.; |
| 4. | Conclusion of an agreement on the granting of direct payments for business transfer and granting of such payments under Article 16 of the Act; |
| 4-2. | Receipt of applications for direct payments for small-scale fishing households, verification of qualifications and eligibility of fishers, granting, etc. of direct payments for small-scale fishing households under Article 18-3 of the Act; |
| 4-3. | Receipt of applications for direct payments for fishing crew members under Article 18-5 of the Act, verification of qualifications and eligibility of fishing crew members, granting, etc. of direct payments for fishing crew members under Article 18-5 of the Act; |
| 5. | Commissioning and operation of honorary monitors for the public direct payment program, and payment of expenses under Article 27 of the Act. |
| Article 22 (Standards for Imposing Administrative Fines) |
The standards for imposing administrative fines under Article 32 (2) of the Act shall be as specified in Appendix 3.
ADDENDA <Presidential Decree No. 31507, Feb. 26, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2021.
Article 2 (Relationship to Other Statutes or Regulations)
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32297, Dec. 31, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2022.
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. 33341, Mar. 21, 2023>
This Decree shall enter into force on April 1, 2023.
ADDENDA <Presidential Decree No. 34478, Apr. 30, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2024.