CHAPTER I GENERAL PROVISIONS
| Article 2 (Marina facilities) |
"Facilities prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act on the Development and Management of Marinas (hereinafter referred to as the "Act") means any of the following facilities designated and publicly notified by the Minister of Oceans and Fisheries, either within a marina zone designated and publicly notified pursuant to Article 10 (1) of the Act (hereinafter referred to as "marina zone") or outside a marina zone: <Amended on Oct. 8, 2012; Mar. 23, 2013; Dec. 3, 2014; Jun. 27, 2017; Jan. 5, 2021> | a. | Outer facilities, such as breakwaters, sand barriers, wave barriers, sea dikes, diversion dams, sluice gates, and revetments (shoreline and bank erosion prevention facilities); |
| b. | Waterway facilities, such as navigation routes, berthing areas, shipyards, and turning basins; |
| c. | Port traffic facilities, such as roads, bridges, railroads, tramways, and canals; |
| d. | Mooring facilities, such as quay walls (pier walls), small vessel piers, mooring piles, mooring buoys, jetties (referring to bridge-like structures designed for mooring vessels or connecting them to the pier; hereinafter the same shall apply), floating jetties (referring to floating structures designed for mooring vessels or connecting them to the pier; hereinafter the same shall apply), dolphins, and wharfs; |
| 2. | Functional facilities: |
| a. | Storage facilities, such as mooring areas (including building-type mooring areas) and boat storage facilities; |
| b. | Lifting and launching facilities, such as sloping roadways, ramps (sloping access roads), cranes, and lifts; |
| c. | Vessel supply facilities, such as fueling facilities, water supply facilities, and power supply facilities; |
| d. | Facilities for vessel works, such as manufacturing facilities, including molding fixtures, electrical facilities, repair facilities, and cleaning facilities; |
| e. | Marina-related office facilities, such as those for reporting on the entry and departure of marina vessels, public services, and facility management; |
| f. | Management and operation facilities, such as clubhouses and conference halls; |
| g. | Safety facilities, such as navigational aids, fire prevention facilities, and control and communications facilities; |
| h. | Security facilities, such as entrance doors, fences, and guard posts; |
| i. | Environmental purification facilities, such as waste treatment facilities, sewage and wastewater treatment facilities, and waste oil treatment facilities; |
| j. | Research facilities for marine observation, technological development of marina-related industries, support for venture industries, or other relevant activities; |
| 3. | Service and convenience facilities: |
| a. | Welfare facilities, such as medical facilities, welfare centers, and sports facilities; |
| b. | Recreational facilities, such as accommodation facilities, bathing facilities, and leisure facilities; |
| c. | Convenience facilities, such as kiosks, restaurants, shopping centers (including sales stores for water sports equipment and vessel supplies), and parking lots; |
| d. | Cultural and educational facilities, such as aquariums (including underwater aquariums), marine museums, performance halls (including underwater performance facilities), campsites, and learning centers; |
| e. | Park facilities, such as marine observatories, promenades, coastal green areas, squares, and landscaping facilities; |
| 4. | Sites and waters for the establishment of the facilities specified in subparagraphs 1 through 3. |
| Article 3 (Marina vessels) |
“Vessels prescribed by Presidential Decree” in subparagraph 3 of Article 2 of the Act means any of the following vessels: <Amended on Jan. 5, 2021> | 5. | A personal watercraft; |
| 6. | An air-cushion vehicle (hover craft); |
| 9. | A vessel similar in structure, form, and operation to those referred to in subparagraphs 1 through 8, used for sightseeing, sports, or leisure activities. |
CHAPTER II MASTER PLANS FOR MARINAS
| Article 4 (Details of master plans) |
"Matters prescribed by Presidential Decree" in Article 4 (3) 5 of the Act means the location of a planned marina zone. <Amended on Jul. 6, 2015> | 1. | Deleted; <Jul. 6, 2015> |
| 2. | Deleted. <Jul. 6, 2015> |
| Article 5 (Modification of master plans) |
"Minor matters prescribed by Presidential Decree" in the proviso of Article 5 (3) of the Act means a change in the location of a planned marina zone (limited to cases where the locations before and after the change match at least 90/100). [This Article Wholly Amended on Jul. 6, 2015]
| Article 6 (Details and methods of basic surveys) |
| (1) | A basic survey under Article 7 (1) of the Act shall include the following details regarding the relevant planned marina zone and its neighboring areas: |
| 1. | Natural conditions, such as weather conditions and marine conditions; |
| 2. | The current status of cultural and social conditions in the neighboring area, such as cities, population, tourism demand, and traffic; |
| 3. | The utilization status of the sea areas, such as the current status of fisheries; |
| 4. | The current status of infrastructure, land use, and other relevant matters; |
| 5. | The relevance to other plans; |
| 6. | The current status of development projects targeting the relevant zone and area; |
| 7. | The current status of national defense and military installations, such as coastal guard posts; |
| 8. | In addition to the matters specified in subparagraphs 1 through 7, matters deemed necessary for formulating a master plan under Article 4 (1) of the Act. |
| (2) | The Minister of Oceans and Fisheries may utilize materials from surveys and measurements conducted under other statutes or regulations, if any, regarding matters subject to a basic survey specified in paragraph (1). <Amended on Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries may request the head of either a relevant central administrative agency or a local government to cooperate in perusing materials necessary for a basic survey under paragraph (1) or accessing an area subject to such survey. In such cases, the head of the relevant agency shall comply with such request unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013> |
| (4) | If deemed necessary for an efficient survey, the Minister of Oceans and Fisheries may request a specialized institution to conduct a basic survey under paragraph (1). <Amended on Mar. 23, 2013> |
CHAPTER III DEVELOPMENT OF MARINAS
| Article 7 (Procedures for public invitation of project plans) |
| (1) | If the Minister of Oceans and Fisheries intends to publicly invite a project plan for the establishment, development, or other relevant activities of marinas under the former part of Article 8 (1) of the Act (hereinafter referred to as "project plan"), the Minister shall publicly announce the following details in the Official Gazette and at least 2 daily newspapers (referring to general daily newspapers with nationwide circulation registered pursuant to Article 9 (1) of the Act on the Promotion of Newspapers; hereinafter the same shall apply) and shall post them on the website of the Ministry of Oceans and Fisheries for at least 14 days: <Amended on Jan. 27, 2010; Mar. 23, 2013> |
| 1. | The outline of the project (including the objectives, location, scale, period, method, and other relevant details); |
| 2. | Guidelines for applying for the public invitation, such as the period and method for submitting project plans; |
| 3. | The standards and plans for evaluating project plans; |
| 4. | Guidelines for preparing business plans; |
| 5. | The procedures for designating the implementer (hereinafter referred to as "project implementer") of the relevant marina development project (hereinafter referred to as "development project"); |
| 6. | In addition to the matters specified in subparagraphs 1 through 5, matters necessary for the preparation, submission, and other relevant activities of project plans. |
| (2) | The Minister of Oceans and Fisheries may evaluate written project plans submitted by applicants pursuant to paragraph (1) and select one. <Amended on Mar. 23, 2013> |
| (3) | The details necessary for the public invitation under paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 8 (Scope in compliance with master plans) |
A change in the location of a planned marina zone, where the locations before and after the change match at least 90/100, shall be considered within the scope in compliance with the relevant master plan under Article 8 (3) of the Act. <Amended on Jul. 6, 2015> | 1. | Deleted; <Jul. 6, 2015> |
| 2. | Deleted. <Jul. 6, 2015> |
| Article 9 (Procedures for proposal and processing of project plans) |
| (1) | When intending to propose a project plan under Article 8 (3) of the Act, a person shall submit a written proposal that includes the following details to the Minister of Oceans and Fisheries: <Amended on Mar. 23, 2013> |
| 1. | The details of the project plan specified in the subparagraphs of Article 8 (2) of the Act; |
| 2. | The statement of the total project cost and the annual investment plan; |
| 3. | The type, scale, and installation plan of marina facilities; |
| 4. | The composition plan of the project implementer; |
| 5. | In addition to the matters specified in subparagraphs 1 through 4, matters deemed necessary by the proposer for the implementation of the relevant project. |
| (2) | If a written proposal submitted pursuant to paragraph (1) contains omissions or unclear details, the Minister of Oceans and Fisheries may request the proposer to supplement it within a specified period; and the Minister may return the proposal, if it is deemed to fall under any of the following categories: <Amended on Mar. 23, 2013> |
| 1. | If the proposal does not conform to statutes or regulations and the objectives of the marina development; |
| 2. | If the Minister of Oceans and Fisheries is formulating a project plan for the relevant area pursuant to Article 8 (1) of the Act. |
| (3) | If the Minister of Oceans and Fisheries determines that a written proposal submitted pursuant to paragraph (1) aligns with the objectives of the marina development, the Minister may request a research institute designated by Decree of the Ministry of Oceans and Fisheries (hereafter in this Article referred to as “research institute”) to review the proposal within 15 days from the date of receipt, in order to assess its feasibility. <Amended on Mar. 23, 2013> |
| (4) | Upon receipt of a request for review under paragraph (3), a research institute shall submit its opinion on the relevant proposal to the Minister of Oceans and Fisheries within 60 days and may present its opinion different from the relevant proposal with respect to all conditions for implementing the project, such as the appropriate project cost and rate of return; provided, if the supplementation of materials is requested, the period for review may be extended. <Amended on Mar. 23, 2013> |
| (5) | The Minister of Oceans and Fisheries shall notify the proposer of his or her opinion on the relevant proposal, such as whether to implement the proposed project plan in consideration of the opinions, etc. of a research institute, within 30 days from the date of receipt of the review opinion from the research institute, except in extenuating circumstances. <Amended on Mar. 23, 2013> |
| (6) | Where the Minister of Oceans and Fisheries has notified the proposer of the decision to implement the relevant project plan pursuant to paragraph (5), the Minister shall publicly announce the details of the relevant proposal in the Official Gazette, in at least 2 daily newspapers, and on the website of the Ministry of Oceans and Fisheries so that a third party other than the proposer may make a proposal; provided, if a project plan proposed by a local government falls under any of the following categories, the Minister need not provide a public announcement for third party proposals: <Amended on Mar. 23, 2013> |
| 1. | If the composition plan of the project implementer under paragraph (1) 4 involves solely a local government as the project implementer; |
| 2. | If a person specified in Article 9 (1) 7 of the Act is selected through competition or other methods in the composition plan of the project implementer under paragraph (1) 4. |
| (7) | The Minister of Oceans and Fisheries must not disclose the details of a proposal submitted pursuant to paragraph (1) against the will of the proposer from the date of receipt of the relevant proposal until the date of public announcement of the proposal details under the main clause, with the exception of the subparagraphs, of paragraph (6), and the Minister must not publicly announce the details that would infringe on the proposer's interests, except for matters necessary for third party proposals, when making a public announcement under the main clause, with the exception of the subparagraphs, of paragraph (6). <Amended on Mar. 23, 2013> |
| (8) | If the Minister of Oceans and Fisheries makes a public announcement pursuant to the main clause, with the exception of the subparagraphs, of paragraph (6); the Minister may publicly announce all conditions for implementing the project, such as the appropriate project cost and rate of return, which are different from the relevant proposal details, and the original proposer may revise the details of the original proposal and resubmit it by the deadline specified in the public announcement. <Amended on Mar. 23, 2013> |
| (9) | If a third party has submitted a proposal satisfying the requirements under paragraph (1) by the deadline specified in the public announcement under the main clause, with the exception of the subparagraphs, of paragraph (6), the Minister of Oceans and Fisheries shall examine and evaluate the original proposal (or the modified proposal, if submitted by the original proposer) and any third party's proposal and shall designate at least 2 negotiating parties by determining 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: <Amended on Mar. 23, 2013> |
| 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 that includes details different from those proposed by the original proposer pursuant to paragraph (8) and the original proposer resubmits a modified proposal accordingly: 5 percent of the total score. |
| (10) | If no other proposal is submitted by the deadline specified in the public announcement under the main clause, with the exception of the subparagraphs, of paragraph (6), and if no public announcement is made pursuant to the proviso, with the exception of the subparagraphs, of that paragraph, the Minister of Oceans and Fisheries shall designate the original proposer as a negotiating party. <Amended on Mar. 23, 2013> |
| (11) | If the project plan of a preferred negotiator among negotiators designated pursuant to paragraph (9) or of a negotiator designated pursuant to paragraph (10) meets the following requirements, the Minister of Oceans and Fisheries may approve the project plan pursuant to the main clause of Article 8 (4) of the Act: <Amended on Mar. 23, 2013> |
| 1. | Conformity with the master plan under Article 4 (1) of the Act; |
| 2. | Appropriateness and feasibility of the plan and details under the subparagraphs of Article 8 (2) of the Act; |
| 3. | Appropriateness of the land purchase and compensation plan and resident relocation measures; |
| 4. | Matters prescribed by Decree of the Ministry of Oceans and Fisheries, which are similar to those specified in subparagraphs 1 through 3. |
| Article 10 (Designation of project implementers) |
| (1) | "Public institutions prescribed by Presidential Decree" in Article 9 (1) 4 of the Act means the following institutions: <Amended on Apr. 14, 2011; Dec. 10, 2019> |
| 2. | The Korea Tourism Organization established under the Korea Tourism Organization Act; |
| 5. | The Jeju Free International City Development Center established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (applicable only to a development project implemented in Jeju Special Self-Governing Province); |
| 7. | Other public institutions determined and publicly notified by the Minister of Oceans and Fisheries to implement a development project. |
| (2) | “Private investors meeting the qualifications prescribed by Presidential Decree, such as capital” in Article 9 (1) 6 of the Act means any of the following persons: <Amended on Apr. 14, 2011; Oct. 8, 2012; Dec. 3, 2014; Oct. 30, 2018> |
| 1. | A person who has filed for registration of a business category of performing general construction works under the Framework Act on the Construction Industry (limited to civil engineering business and civil engineering and construction business) and whose publicly announced construction capability evaluation amount under Article 23 of that Act is at least the average annual project cost (excluding compensation costs) of the relevant development project; |
| 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; |
| 9. | A person who meets at least 2 of the following requirements, including the one specified in item a and whose corporate bond or credit rating is assessed at an investment-grade level or higher by a credit rating company authorized to engage in credit rating business under Article 335-3 of the Financial Investment Services and Capital Markets Act or by an internationally recognized foreign credit rating agency: |
| a. | The equity capital for the immediately preceding business year shall be at least 10/100 of the total project cost, or the total sales shall be at least 30/100 of the total project cost; |
| b. | The debt-to-equity ratio for the immediately preceding business year shall be less than 1.5 times the average of the same type of business; |
| c. | A net profit shall be generated in at least 2 business years out of the immediately preceding 3 business years. |
| (3) | “Corporation meeting such standards including capital requirements as prescribed by Presidential Decree” in Article 9 (1) 7 of the Act means a corporation whose total capital invested by any person specified in Article 9 (1) 1, 2, and 4 through 6 of the Act is at least 20/100 of its total capital (or 50/100, if a person specified in Article 9 (1) 6 of the Act is included among the investors). <Added on Jan. 19, 2016> |
| Article 11 (Grounds for replacement of project implementers or revocation of designation) |
"Grounds prescribed by Presidential Decree" in Article 9 (3) 4 of the Act means where a project implementer voluntarily files an application for the replacement of the project implementer or the revocation of designation due to business reasons or other factors.
| Article 12 (Modification of marina zones) |
"Minor matters prescribed by Presidential Decree" in the proviso of Article 10 (2) of the Act means any of the following: <Amended on Oct. 14, 2010; Apr. 10, 2012; Jan. 22, 2016> | 1. | Reduction of the area of a marina zone; |
| 2. | Expansion of the area of a marina zone (limited to a maximum of 10/100 of the total area); |
| Article 13 (Restrictions on acts) |
| (1) | “Act prescribed by Presidential Decree ... such as construction of a building, installation of an artificial structure, modification of landform, extraction of soil and stones, division of land, an act of piling up goods, and capture and farming of aquatic animals and plans” in the former part of Article 12 (1) of the Act means any of the following acts: <Amended on Apr. 20, 2010; Jul. 21, 2010; Aug. 19, 2020; Jan. 5, 2021; Jan. 10, 2023> |
| 1. | Construction of a building: Construction, substantial repair, or alteration of the purpose of use of a building (including a temporary building) defined in Article 2 (1) 2 of the Building Act; |
| 3. | Modification of landform: An act of changing the shape of land by cutting, filling, leveling down, paving down, and other similar activities; excavation of land; and reclamation of public waters; |
| 4. | Extraction of soil and stones: An act of extracting soil and stones, such as earth, sand, gravel, and rocks; |
| 6. | An act of piling up goods: An act of piling up goods which are not easy to move for at least 1 month; |
| 8. | Deleted. <Dec. 30, 2016> |
| (2) | If a person who has commenced construction works or a project pursuant to Article 12 (3) of the Act intends to file a report thereon with the Minister of Oceans and Fisheries or the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), the person shall submit a report in the form prescribed by Decree of the Ministry of Oceans and Fisheries, along with the progress of the construction works or project and the implementation plan, to the Minister of Oceans and Fisheries or the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu within 30 days from the date the relevant project zone is designated and publicly notified. <Amended on Mar. 23, 2013; Jan. 19, 2016; Aug. 19, 2020> |
| Article 14 (Application for approval of implementation plans) |
| (1) | If a project implementer seeks approval of an implementation plan for a development project (hereinafter referred to as "implementation plan") pursuant to the former part of Article 13 (1) of the Act, the implementer shall submit an application for approval of the implementation plan in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents and drawings: <Amended on Mar. 23, 2013; Jan. 22, 2016; Jan. 5, 2021; Dec. 12, 2023> |
| 1. | A location map with a scale of 1:25,000; |
| 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 for implementation 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 and other relevant details); |
| 5. | A written plan for the use, profit-making, management, and disposal of land and facilities developed through the development project; |
| 8. | A report on the establishment, relocation, removal, transfer, and other similar actions for public facilities, such as marina facilities; |
| 9. | A report on the facilities to be retained; |
| 10. | Documents necessary for consultation with the heads of relevant administrative agencies under Article 16 (2) of the Act; |
| 11. | The detailed list in cases of land acquisition or usage under Article 17 (1) of the Act; |
| 12. | A report on the damage impact survey conducted by a research institute or educational institution specializing in fisheries and designated by the Minister of Oceans and Fisheries. |
| (2) | If a business entity seeks the modification of an implementation plan pursuant to the latter part of Article 13 (1) of the Act, the entity shall submit an application for approval for such modification in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents and drawings: <Amended on Mar. 23, 2013> |
| 1. | Documents explaining the reasons for, and details of, the modification; |
| (3) | Upon receipt of an application for approval of an implementation plan under paragraph (1), the Minister of Oceans and Fisheries shall request the Administrator of the Public Procurement Service or other specialized institutions to examine whether the floor plan for implementation and detailed drawings and specifications under paragraph (1) 3 are appropriate, if the construction cost (referring to the construction cost specified in Article 24 (1) 3) according to the implementation plan is estimated to be at least 3 billion won. <Added on Dec. 3, 2014> |
| Article 15 (Modification of minor matters in implementation plans) |
| (1) | "Minor matters prescribed by Presidential Decree" in the proviso of Article 13 (1) of the Act means the following: <Amended on Apr. 10, 2012> |
| 1. | Change of the name or address of the project implementer (in cases where the project implementer is a corporation, referring to the name and location of the corporation and the name of its representative); |
| 2. | Correction of the project implementation area due to surveying errors or other relevant errors, within the scope where there is no change to the project implementation area; |
| (2) | If any matter specified in the subparagraphs of paragraph (1) in an implementation plan is modified, a project implementer shall notify the Minister of Oceans and Fisheries of the details of such modification without delay. <Amended on Mar. 23, 2013> |
| Article 16 (Details of implementation plans) |
“Matters prescribed by Presidential Decree” in Article 13 (2) 5 of the Act means a phased implementation plan, if a development project is implemented in phases.
| Article 17 (Seeking opinions from Mayors/Do Governors on implementation plans) |
| (1) | If the Minister of Oceans and Fisheries seeks opinions from the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and the head of the competent Si/Gun/Gu on an implementation plan to be approved pursuant to Article 13 (3) of the Act, 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. <Amended on Mar. 23, 2013; Jan. 19, 2016> |
| (2) | Upon receipt of a copy of the relevant documents pursuant to paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu shall submit his or her written opinion to the Minister of Oceans and Fisheries within 20 days from the date of receipt of such copy. <Amended on Mar. 23, 2013> |
| Article 18 (Public notice of implementation plans) |
If the Minister of Oceans and Fisheries approves an implementation plan, the Minister shall publicly notify the following in the Official Gazette pursuant to Article 13 (4) of the Act: <Amended on Mar. 23, 2013> | 1. | The name and objectives of the development project; |
| 2. | The location and area of the project implementation area; |
| 3. | The name and address of the project implementer (in cases where the project implementer is a corporation, referring to the name and location of the corporation and the name of its representative); |
| 4. | The outline of the implementation plan; |
| 5. | The period for the project implementation; |
| 6. | The detailed list in cases of land acquisition or usage under Article 17 (1) of the Act; |
| 7. | The methods of inspecting relevant materials. |
| Article 19 (Extension of period for implementation plans) |
"Cause prescribed by Presidential Decree" in the proviso of Article 13 (5) of the Act means a case where it is impracticable to formulate an implementation plan within a fixed period due to reasons not attributable to the project implementer, such as a change in marina conditions.
| Article 19-2 (Advance payments) |
| (1) | A project implementer may receive all or part of the payment in advance (hereinafter referred to as "advance payment") for land, buildings, artificial structures, or other properties developed through a 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 13-2 (1) of the Act only after obtaining approval of the relevant implementation plan. <Amended on Aug. 19, 2020> |
| (2) | If a project implementer intends to receive an advance payment pursuant to paragraph (1), the implementer shall have a prior consultation 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, and other relevant details of the developed land, etc. |
| (3) | In order to receive an advance payment pursuant to paragraph (1), a project implementer (excluding a State agency or local government) shall submit an application for advance payment approval in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries. In such cases, the Minister shall decide whether to approve the application within 15 days from the date of receipt and notify the implementer of the decision. |
[This Article Added on Jun. 27, 2017]
[Previous Article 19-2 moved to Article 19-3 <Jun. 27, 2017>]
| Article 19-3 (Replotting for land owners) |
| (1) | If a project implementer intends to replot land for a person who owns land within a marina zone pursuant to Article 17-3 (1) of the Act, the implementer shall determine the methods, procedures, and other relevant measures for replotting in the project plan in accordance with the following standards: |
| 1. | The value of the previous land subject to replotting shall be the amount calculated by the project implementer for consultation, and the value of replotting shall be based on the sale price of lots of land developed through the relevant 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 development project, and other relevant factors; |
| 3. | The difference between the value of the previous land and the replotted value shall be settled in cash. |
| (2) | If a project implementer intends to perform replotting within a marina zone pursuant to Article 17-3 (1) of the Act, the implementer shall publicly announce the following: |
| 1. | The name of the development project and the project zone; |
| 2. | A statement indicating that replotting will be performed on the land located within the marina zone; |
| 3. | The terms and conditions of replotting; |
| 4. | The period for application for replotting and for consultation. |
| (3) | If a person who owns land within a marina zone seeks replotting pursuant to 17-3 (1) of the Act, the person shall submit an application for replotting to the relevant project implementer, along with a land use plan, within the application period for replotting under paragraph (2) 4. |
| (4) | Upon receipt of an application for replotting under paragraph (3), a project implementer shall consult with the landowner who submitted the application on the replotting, during the consultation period under paragraph (2) 4. |
[This Article Added on Jan. 19, 2016]
[Moved from Article 19-2 <Jun. 27, 2017>]
| Article 20 (Confirmation of completion of works) |
| (1) | The Minister of Oceans and Fisheries shall verify the following when inspecting the completion of works pursuant to Article 18 (2) of the Act: <Amended on Mar. 23, 2013; Jan. 22, 2016> |
| 1. | A completion report (including completion drawings and specifications and completion photographs); |
| 2. | A cadastral survey map issued by the head of a Si (including the head of an administrative Si under Article 11 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City) or Gun/Gu; |
| 3. | An area report and a floor plan by purpose of use of land; |
| 4. | A report 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 the total project cost. |
| (2) | A project implementer may submit the documents specified in the subparagraphs of paragraph (1) by means of electronic information storage media, such as magnetic tapes or discs. |
| (3) | If necessary for inspecting the completion of works under Article 18 (2) of the Act, the Minister of Oceans and Fisheries may request a public institution, a research institute, and any other specialized institution or organization to conduct a specialized or technical inspection. <Amended on Mar. 23, 2013> |
| Article 21 (Report on use before completion of works) |
If a project implementer intends to file a report on use before completion of works pursuant to the proviso of Article 18 (4) of the Act, the implementer shall submit a report on use before completion of works in the form prescribed by Decree of the Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents: <Amended on Mar. 23, 2013> | 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 the relevant land or facilities at the completion stage. |
| Article 22 (Matters to be publicly announced on completion of works) |
If the Minister of Oceans and Fisheries intends to publicly announce the completion of works under Article 19 of the Act, the Minister shall publish the following in the Official Gazette: <Amended on Mar. 23, 2013> | 1. | The name of the development project; |
| 2. | The project implementer; |
| 3. | The location of the project implementation site; |
| 4. | The area of the project implementation site and the area by use; |
| 5. | The date of completion of works; |
| 6. | Matters regarding disposal of major facilities. |
| Article 23 (Devolvement of public facilities) |
"Public land and facilities prescribed by Presidential Decree" in the proviso of Article 20 (2) of the Act means the following land and facilities: | 1. | Outer facilities, waterway facilities, and port traffic facilities referred to in subparagraph 1 a through c of Article 2; |
| 2. | Office facilities for public services among marina-related office facilities referred to in subparagraph 2 e of Article 2; |
| 3. | Coastal green areas and squares among park facilities referred to in subparagraph 3 e of Article 2; |
| 4. | Sites for facilities referred to in subparagraphs 1 through 3. |
| Article 24 (Scope of total project costs and methods of calculating value of land acquired by project implementers) |
| (1) | The total project cost under Article 20 (3) of the Act shall be the aggregate of the following costs and expenses actually incurred for the relevant development project as of the date of completion confirmation of the project: <Amended on Nov. 2, 2010; Jan. 17, 2011; Mar. 23, 2013; Jun. 28, 2013; May 22, 2014; Jan. 22, 2016; Aug. 26, 2020; Sep. 14, 2021> |
| 1. | Investigation costs: Survey costs and other investigation expenses necessary for the implementation of the development project, not included in the net construction expenses, which shall be calculated in accordance with the standards for the prices for engineering projects under Article 31 of the Engineering Industry Promotion Act; |
| 3. | Construction costs: The aggregate of material costs, labor costs, expenses, general management expenses, and profits for the implementation of the 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 the development project; |
| 5. | Incidental expenses: The aggregate of the following expenses: |
| d. | Expenses for damage investigation, reclamation license fees, appraisal fees, and non-life insurance premiums for construction works; |
| e. | All other expenses incurred in fulfilling the conditions for approval of the relevant implementation plan, such as various taxes, public charges, charges, and fees under statutes and regulations; |
| 6. | Construction interests: Construction interests on project costs and expenses specified in subparagraphs 1 through 5 (the interest rate shall be the weighted average deposit interest rate for time deposits of deposit banks announced by the Bank of Korea during the project period); provided, if the project implementer intentionally delays the construction works or fails to receive completion confirmation from the Minister of Oceans and Fisheries within the period specified in the implementation plan due to the project implementer's serious negligence, or if the project period is extended due to reasons attributable to the project implementer as prescribed by Decree of the Ministry of Oceans and Fisheries, the construction interests for the extended period shall be excluded; |
| 8. | Deleted. <Dec. 3, 2014> |
| (2) | The costs and expenses specified in paragraph (1) 1 through 5 shall be based on evidentiary documents, such as work contracts and tax invoices, and any costs or expenses not accompanied by such documents must not be included in the total project cost. |
| (3) | The value of land, etc. under Article 20 (3) of the Act shall be determined as the arithmetic mean of the values appraised by at least 2 appraisal corporations, etc. (referring to appraisal corporations, etc. under the Act on Appraisal and Certified Appraisers; hereafter in this Article, the same shall apply) designated by the State or a local government, as prescribed by Decree of the Ministry of Oceans and Fisheries, as of the date of completion confirmation of the relevant development project. <Amended on Dec. 3, 2014; Aug. 31, 2016; Jan. 21, 2022> |
| (4) | The State or a local government may require at least 2 other appraisal corporations, etc. to reappraise the relevant land, etc. if there is a special reason making it impossible to recognize the appropriateness of the value appraised by an appraisal corporation, etc. under paragraph (3), or if the highest appraised value exceeds 130 percent of the lowest one. In such cases, the value of the land, etc. shall be determined as the arithmetic mean of the values reappraised by the other appraisal corporations, etc. <Added on Dec. 3, 2014; Jan. 21, 2022> |
| Article 25 (Gratuitous use of vested facilities) |
| (1) | If a project implementer seeks gratuitous use or profit from land and facilities vested in the State or a local government pursuant to the former part of Article 20 (4) of the Act, the implementer shall file a report on such use or profit-making, as prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | The period for the gratuitous use of land and facilities under paragraph (1) shall continue until the aggregate of the following user fees amounts to the remaining amount, which is calculated by subtracting the appraisal value of the land and facilities for which the project implementer acquires the ownership pursuant to the main clause of Article 20 (2) of the Act from the total project cost calculated pursuant to Article 24; in such cases, the user fees for the land and facilities to be applied in calculating the period for gratuitous use shall be based on the user fees for the land and facilities at the time of completion confirmation of the relevant land and facilities in cases of subparagraph 1, and based on the user fees at the time of using the relevant land and facilities in cases of subparagraph 2: <Amended on Nov. 2, 2010> |
| 1. | User fees for the onerous use of land and facilities vested in the State or a local government; |
| 2. | User fees collected from other persons pursuant to the latter part of Article 20 (4) of the Act. |
| (3) | Deleted. <Nov. 2, 2010> |
| Article 26 (Registration of facility management rights) |
The Decree on Registration of Port Facility Management Rights shall apply mutatis mutandis to the establishment, modification, extinguishment, restrictions on disposal, etc. of facility management rights or mortgages on such rights under Article 22 of the Act. In such cases, "facility management rights for harbor facilities" shall be construed as "facility management rights for marina facilities", and "register of facility management rights for harbor facilities" as "register of management rights for marina facilities".
CHAPTER IV MANAGEMENT AND OPERATION OF MARINAS
| Article 26-2 (Safety inspections of marina facilities) |
| (1) | Safety inspections of marina facilities under the main clause of Article 24-2 (1) of the Act (hereinafter referred to as "safety inspection") shall be conducted in the categories of regular inspections, emergency inspections, and detailed inspections. <Amended on Aug. 19, 2020> |
| (2) | The timing of safety inspections shall be as specified in Appendix 1. |
| (3) | The owner of a marina facility shall formulate an in-house safety inspection plan for facilities under his or her jurisdiction and conduct a safety inspection by means of a field inspection, a structural inspection, and other relevant methods. <Added on Jun. 27, 2017> |
| (4) | A safety inspection shall be conducted under the supervision of a person who meets the following qualification requirements; provided, this shall not apply where a safety inspection is conducted on a marina facility determined and publicly notified by the Minister of Oceans and Fisheries, which is also subject to another safety inspection under other statutes or regulations: <Added on Aug. 19, 2020> |
| (5) | The Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request the owner of a marina facility to submit the following materials to verify a safety inspection under Article 24-2 (2) of the Act: <Added on Aug. 19, 2020> |
| 1. | Drawings and specifications: Drawings and documents for the completion (including repair and reinforcement works) of facilities, necessary for their maintenance and management, such as floor plans, longitudinal section drawings, structural drawings, construction details, structural calculations, and construction specifications; |
| 2. | Materials on the results of the safety inspection; |
| 3. | Other materials determined and publicly notified by the Minister of Oceans and Fisheries as necessary for verifying the safety inspection. |
| (6) | Except as provided in paragraphs (1) through (5), details necessary for the methods, etc. of conducting safety inspections may be determined and publicly notified by the Minister of Oceans and Fisheries. <Added on Jun. 27, 2017; Aug. 19, 2020> |
[This Article Added on Jan. 19, 2016]
| Article 27 (Permission for use of marina facilities) |
A person seeking permission for the use of a marina facility pursuant to the main clause of Article 26 (1) of the Act shall submit an application for permission for use, stating the following details (including those in electronic form), to the relevant management and operation right holder under Article 24 (1) of the Act (hereinafter referred to as "management and operation right holder"), as prescribed by Decree of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013> | 1. | The name and address of the applicant (in cases where the applicant is a corporation, referring to the name and location of the corporation and the name of its representative); |
| 3. | The location, name, and area of a marina facility to be used; |
| Article 28 (Lease of marina facilities) |
| (1) | When a management and operation right holder, other than the State or a local government, leases a marina facility or grants permission for the use of such facility pursuant to the proviso of Article 26 (1) of the Act, the holder shall notify the Minister of Oceans and Fisheries of the details without delay. <Amended on Mar. 23, 2013> |
| (2) | When a management and operation right holder, other than the State or a local government, leases a marina facility or grants permission for the use of such facility pursuant to paragraph (1), the lease and the permission shall apply only to part of such facility and the holder must not allow the lease or use of the entire facility or the exercise of the full operational right. |
| Article 29 (Types and rates of user fees) |
If a management and operation right holder intends to collect user fees from persons using marina facilities pursuant to the main clause of Article 26 (3) of the Act, the holder shall determine and publicly announce in advance the matters necessary for the collection of user fees, such as the types and rates of the user fees.
| Article 30 (Exemption from user fees) |
| (1) | “Persons prescribed by Presidential Decree, such as the State and local governments” in the proviso of Article 26 (3) of the Act means the following persons: <Amended on Mar. 23, 2013> |
| 1. | The State or a local government that uses the relevant marina facility for administrative purposes; |
| 2. | A person who uses the relevant marina facility for the emergency repair or evacuation of a marina vessel; |
| 3. | A person who uses the relevant marina facility to prevent environmental pollution of the marina, such as disposal of abandoned vessels and waste oil; |
| 4. | A project implementer who uses the relevant marina facility to implement a development project (limited to the portion of land and facilities devolved to the State or a local government); |
| 5. | A person similar to those specified in subparagraphs 1 through 4 and prescribed by Decree of the Ministry of Oceans and Fisheries as necessary for the management and operation of the marina. |
| (2) | The scope, period, procedures, and other necessary matters regarding the exemption from user fees for marina facilities under paragraph (1) shall be prescribed by regulations on marina management. |
| Article 31 (Prohibited acts) |
"Acts prescribed by Presidential Decree" in subparagraph 7 of Article 27 of the Act means any of the following acts conducted within a marina zone: | 1. | An act of extracting soil and stones, such as earth, sand, gravel, and rocks, without good cause; |
| 2. | An act that causes harm to public health or the environment, such as polluting water quality; |
| 3. | An act of dumping hazardous substances, animal carcasses, or other wastes. |
| Article 31-2 (Periods for compliance with restoration or removal orders) |
The specific period for compliance with a restoration or removal order under Article 28 (1) of the Act shall be classified as follows: <Amended on Aug. 19, 2020> | 1. | Restructuring or relocating a marina facility: Within 1 year; |
| 2. | Any of the following acts: Within 3 months: |
| a. | Damaging a marina facility or impairing its functions; |
| b. | Land reclamation or excavation within a marina zone; |
| c. | Cultivating aquatic animals or plants in the waters within a marina zone; |
| 3. | Any of the following acts: Within 1 month: |
| a. | Abandoning a derelict vessel; |
| b. | Leaving an obstacle unattended within a marina zone or occupying a marina zone without authorization; |
| c. | Any act specified in the subparagraphs of Article 31. |
[This Article Added on Jun. 11, 2013]
| Article 32 (Measures for removal of obstacles) |
| (1) | When the head of a relevant administrative agency or local government takes necessary measures, such as removing derelict vessels, obstacles, and wastes, pursuant to Article 28 (2) of the Act, the head shall publicly announce the following details in the Official Gazette within a fixed period of at least 7 days: |
| 1. | The name and details of the object subject to removal or other relevant measures; |
| 2. | The location of the object subject to removal or other relevant measures; |
| 3. | The scheduled date and time for removal or other relevant measures. |
| (2) | When the head of a relevant administrative agency or local government disposes of an object publicly announced pursuant to paragraph (1), the head shall conduct a public auction; provided, this shall not apply if the value of such object is expected to be lower than the cost of the public auction. |
| (3) | If a public auction is conducted pursuant to the main clause of paragraph (2), the following details shall be publicly announced in the Official Gazette: |
| 1. | The name and details of an object to be publicly auctioned; |
| 2. | The venue, date, and time of the public auction; |
| 3. | The amount of a bid bond, if received. |
| (4) | The head of a relevant administrative agency or local government shall deposit the remaining amount, if any, after deducting the costs of removal and other measures, as well as the public auction costs, from the amount obtained through the public auction under the main clause of paragraph (2), in accordance with the Deposit Act. |
CHAPTER IV-2 MARINA BUSINESS
| Article 32-2 (Registration of marina business) |
| (1) | The registration requirements for marina business under Article 28-2 (1) of the Act shall be as specified in Appendix 1-2. <Amended on Jan. 19, 2016; Feb. 15, 2022> |
| (2) | “Important matters prescribed by Presidential Decree” in the latter part, with the exception of the subparagraphs, of Article 28-2 (1) of the Act means the following: <Amended on Feb. 15, 2022> |
| 1. | The trade name, the name of the representative, or the location of the place of business; |
| 2. | The number of marina vessels, as well as their names, gross tonnage, length, or passenger capacity (applicable only to marina vessel rental business); |
| 3. | The scale or type of marina vessel storage and mooring facilities (applicable only to marina vessel storage and mooring business); |
| 4. | Deleted. <Feb. 15, 2022> |
[This Article Added on Jul. 6, 2015]
| Article 32-3 (Major facilities) |
“Major facilities and equipment prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 28-3 (2) of the Act means the following facilities: <Amended on Feb. 15, 2022> | 1. | Marina vessel rental business: Marina vessels and marina vessel mooring facilities; |
| 2. | Marina vessel storage and mooring business: Marina vessel storage and mooring facilities and offices; |
| 3. | Marina vessel maintenance business: Marina vessel maintenance facilities. |
[This Article Added on Jul. 6, 2015]
| Article 32-4 (Subscription to insurance) |
A person who has filed for registration of marina business pursuant to Article 28-2 (1) of the Act (hereinafter referred to as "registered business entity") shall subscribe to insurance or a mutual aid scheme that meets all of the following requirements pursuant to Article 28-8 of the Act: <Amended on Jun. 27, 2017> | 1. | Subscription period: The subscription shall remain active throughout the marina business registration period; |
[This Article Added on Jul. 6, 2015]
[Title Amended on Jun. 27, 2017]
| Article 32-5 (Protection of rights and interests of co-owners or members) |
The requirements to be met by a person who conducts sales in units and the recruitment of members pursuant to Article 28-9 (3) of the Act shall be as follows: <Amended on Jan. 5, 2021> | 1. | Transfer and acquisition of co-ownership shares or membership qualifications: The person must not restrict the transfer and acquisition of co-ownership shares or membership qualifications; provided, if a person who has purchased a marina vessel through sales in units intends to transfer the vessel to a non-corporate Korean national, the transfer shall comply with the requirements for sales in units prescribed in the main clause of Article 32-6 (1) 3; |
| 2. | Use of a marina vessel or marina vessel mooring and storage facility: |
| a. | The person shall allow the use of only a marina vessel or marina vessel mooring and storage facility that is not being used by a co-owner or member to a person who is neither a co-owner nor a member; |
| b. | The person shall formulate a plan for the use of a marina vessel or marina vessel mooring and storage facility after prior consultation with the representative body of co-owners and members referred to in subparagraph 6 (hereinafter referred to as "representative body of co-owners and members"); |
| c. | The person shall prepare a detailed statement of use and disclose it to the representative body of co-owners and members; |
| 3. | Collection of expenses incurred in the maintenance and management of a marina vessel or marina vessel mooring and storage facility: |
| a. | The person shall manage a marina vessel or marina vessel mooring and storage facility with due care as a good manager and must not collect any expenses other than those incurred in the maintenance and management of the marina vessel or marina vessel mooring and storage facility; |
| b. | If the person intends to change any matters regarding the collection of expenses incurred in the maintenance and management of a marina vessel or marina vessel mooring and storage facility, the person shall consult with the representative body of co-owners and members and disclose the results of such consultation to co-owners and members; |
| c. | The person shall annually disclose to the representative body of co-owners and members the usage details of the collected expenses for the maintenance and management of a marina vessel or marina vessel mooring and storage facility; |
| 4. | Refund of the fee paid to a person recruiting members in return in exchange for granting membership (hereafter in this Article referred to as "membership fee"): |
| a. | If a member is in the membership period: The person shall comply with the contract between the registered business entity and the member; |
| b. | If the membership period of a member expires: The person shall refund the membership fee within 10 days from the date the refund is requested; |
| 5. | Issuance and verification of membership cards: The person shall issue a co-owner or member with a membership card certifying their status as a co-owner or member of the relevant marina vessel or marina vessel mooring and storage facility, as prescribed by Decree of the Ministry of Oceans and Fisheries, after obtaining verification from an institution designated by that Decree; |
| 6. | Composition of the representative body of co-owners and members: The representative body shall be composed of at least 2 co-owners and members; in such cases, a person who conducts sales in units or recruits members, the representative, and the executive officers and employees must not participate in the representative body; |
| 7. | Other matters regarding the protection of the rights and interests of co-owners and members: The contract for sales in units or membership subscription shall specify the number and date of the marina business registration, the current status and location of the relevant marina vessel or marina vessel mooring and storage facility, the number of days available for use per year, and the membership period. |
[This Article Added on Jul. 6, 2015]
| Article 32-6 (Requirements for sales in units and recruitment of members) |
| (1) | The requirements for sales in units or membership recruitment under Article 28-9 (4) of the Act shall be as follows: <Amended on Jun. 7, 2023> |
| 1. | To secure the following ownership and other relevant rights: |
| a. | In cases of a marina vessel: The ownership of the relevant marina vessel; |
| b. | In cases of a marina vessel storage and mooring facility: |
1) The ownership of a site on which the relevant marina vessel storage and mooring facility is to be constructed;
2) The ownership of a building for the relevant marina vessel storage and mooring facility;
3) Permission to occupy and use a river or other public waters (applicable only when the relevant marina vessel storage and mooring facility is located in a river or other public waters);
| 2. | To release a mortgage, if a marina vessel or marina vessel storage and mooring facility under subparagraph 1 is subject to a mortgage; provided, this shall not apply if the relevant person subscribes to a guarantee insurance policy with coverage equivalent to the mortgage amount, guaranteeing compensation for any damage caused by an accident related to the sales in units or membership recruitment, until the following period: |
| a. | In cases of a co-ownership system: Until the transfer of ownership is registered in the name of the purchaser of the relevant unit sold; |
| b. | In cases of a membership system: Until the mortgage is released; |
| 3. | In cases of the sales in units of a marina vessel, the number of purchasers per vessel shall be at least 2, and the purchasers must not consist solely of members of the same family (referring to the spouse and lineal ascendants and descendants); provided, if a corporation is a co-owner, a purchaser may be a single corporation; |
| 4. | The sales in units or membership recruitment for each marina vessel must not combine a co-ownership system with a membership system; |
| 5. | The annual usage days per co-owner or member for each marina vessel or marina vessel mooring and storage facility shall be within the range obtained by dividing 365 days by the intended number of purchasers or members in the sales or membership recruitment for each marina vessel or facility; |
| (2) | If a registered business entity conducts sales in units or membership recruitment for a marina vessel or marina vessel mooring and storage facility pursuant to paragraph (1), the timing and other relevant details shall be as follows: <Amended on Jan. 5, 2021> |
| 1. | In cases of a marina vessel: Sales in units or membership recruitment shall be conducted from the date the marina vessel rental business is registered pursuant to Article 28-2 of the Act; |
| 2. | In cases of a marina vessel storage and mooring facility: |
| a. | Timing for sales in units or membership recruitment: Sale in units or membership recruitment shall be conducted after the total construction process of the marina vessel mooring and storage facility has reached at least the progress rate prescribed by Decree of the Ministry of Oceans and Fisheries; |
| b. | Scope of sales in units or membership recruitment: Sales in units or membership recruitment shall be conducted for the mooring positions (referring to the locations where vessels are secured; hereinafter the same shall apply) that have reached the progress rate at the time of the sales or recruitment, for marina vessel storage and mooring facilities subject to such sales or recruitment; provided, if the sales in units or membership recruitment is intended to exceed the scale of the mooring positions that have reached the progress rate at the time of such sales or recruitment, the entity shall purchase surety insurance covering the amount corresponding to the sales or recruitment in excess of the scale at the time of the sales or recruitment before filing for registration of marina vessel storage and mooring business. |
| (3) | A registered business entity seeking to conduct sales in units or membership recruitment for a marina vessel or marina vessel mooring and storage facility pursuant to Article 28-9 of the Act shall submit a plan for such sales or recruitment to the Minister of Oceans and Fisheries, as prescribed by Decree of the Ministry of Oceans and Fisheries. |
| (4) | Upon receipt of a plan for sales in units or membership recruitment under paragraph (3), the Minister of Oceans and Fisheries shall review the plan and notify the registered entity that submitted it of the review results without delay. |
| (5) | If a registered business entity seeking to conduct sales in units or membership recruitment for a marina vessel or marina vessel mooring and storage facility intends to modify a plan for sales in units or membership recruitment, the entity shall submit a modified plan for such sales or recruitment to the Minister of Oceans and Fisheries. In such cases, paragraphs (3) and (4) shall apply mutatis mutandis. |
[This Article Added on Jul. 6, 2015]
| Article 32-7 (Designation of specialist training institutions) |
Institutions or organizations that the Minister of Oceans and Fisheries may designate as specialist training institutions for marina business pursuant to Article 28-10 (1) of the Act shall be as follows: | 2. | Institutions or organizations established for the purpose of promoting marina business. |
[This Article Added on Jul. 6, 2015]
| Article 32-8 (Detailed criteria for dispositions of qualification revocation or suspension for marina vessel maintenance technicians) |
The detailed criteria for dispositions of qualification revocation or suspension for marina vessel maintenance technicians under Article 28-12 (5) of the Act shall be as specified in Appendix 1-3. [This Article Added on Feb. 15, 2022]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 33 (Subsidies to cover expenses) |
| (1) | The State or a local government may provide financial assistance, subsidies, or loans for the expenses for the following facilities pursuant to Article 32 (2) of the Act: <Amended on Mar. 23, 2013> |
| 1. | Facilities among infrastructure, such as breakwaters and roads, which are not suitable to be installed at the expense of the project implementer; |
| 2. | Facilities necessary for a development project or marina industrial complex creation project, such as arterial roads and wide-area waterworks facilities outside the relevant marina zone or marina industrial complex, which are not suitable to be installed at the expense of the project implementer; |
| 3. | Other public facilities that the Minister of Oceans and Fisheries deems particularly necessary for a development project or marina industrial complex creation project. |
| (2) | “Infrastructure prescribed by Presidential Decree, such as breakwaters, roads, railroads, and water supply facilities” in Article 32 (3) of the Act means the following facilities: <Amended on Mar. 23, 2013; Jan. 17, 2017> |
| 1. | Breakwaters, revetments, roads, and railroads; |
| 2. | Water supply facilities and telecommunications facilities; |
| 3. | Sewerage facilities, public wastewater treatment facilities, and waste treatment facilities; |
| 4. | A common utility tunnel within a marina zone or marina industrial complex; |
| 5. | District energy supply facilities; |
| 6. | In addition to the facilities referred to in subparagraphs 1 through 5, public facilities that the Minister of Oceans and Fisheries deems particularly necessary for a development project or marina industrial complex development project. |
| Article 33-2 (Articles of incorporation, operation, and supervision of Marina and Marine Industries Association of Korea) |
| (1) | The articles of incorporation of the Marina and Marine Industries Association of Korea under Article 32-3 (1) of the Act (hereafter in this Article referred to as the "Association") shall include the following: |
| 3. | The location of the principal office; |
| 4. | Matters regarding the membership enrollment and withdrawal; |
| 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 deemed necessary for the operation of the Association. |
| (2) | The Minister of Oceans and Fisheries may request the Association to report on its business affairs or to submit materials and may authorize a public official under his or her jurisdiction to access its office, place of business, or other relevant places to inspect its accounting records, documents, and other items or to make inquiries to relevant persons, if necessary for supervisory purposes. |
| (3) | A public official who intends to access a relevant place or conduct an examination or inquiry pursuant to paragraph (2) shall carry identification verifying his or her authority and present it to a relevant person. |
[This Article Added on Jul. 6, 2015]
| Article 34 (Administrative dispositions) |
| (1) | “Natural disasters or other causes prescribed by Presidential Decree, such as the bankruptcy of the project implementer” in Article 33 (1) 2 of the Act means where a project implementer is deemed unable to continue the project due to financial deterioration or other circumstances. |
| (2) | Where the Minister of Oceans and Fisheries revokes permission, designation, or approval, or makes dispositions or issues orders for the suspension or modification of construction works, the reconstruction, alteration, or relocation of buildings or obstacles, or other relevant measures pursuant to Article 33 (1) of the Act, the Minister shall publicly notify the name of the project implementer, the details of the violation and the administrative disposition, the period of disposition, and other relevant information in the Official Gazette pursuant to paragraph (3) of that Article. <Amended on Mar. 23, 2013> |
| Article 35 (Delegation and entrustment of authority) |
| (1) | The Minister of Oceans and Fisheries shall delegate the following authority to the Director General of a Regional Office of Oceans and Fisheries pursuant to Article 35 (1) of the Act: <Amended on Mar. 23, 2013; Jul. 6, 2015; Jan. 19, 2016; Jun. 27, 2017; Aug. 19, 2020; Feb. 15, 2022; Nov. 5, 2024> |
| 1. | Approval of implementation plans, hearing of opinions, and public notice under Article 13 (1), (3), and (4) of the Act; |
| 1-2. | Approval of advance payments under Article 13-2 (2) of the Act; |
| 2. | Access to another person's land under Article 14 of the Act; |
| 4. | Expropriation and use of land, etc. under Article 17 of the Act; |
| 5. | Confirmation of completion of works and issuance of completion confirmation certificates under Article 18 (1) and (2) of the Act; |
| 6. | Acceptance of reports on use before completion of works under Article 18 (5) of the Act; |
| 7. | Orders to take necessary measures, such as publicly announcing the completion of works and supplementary works under Article 19 of the Act; |
| 8. | Establishment of facility management rights under Article 21 of the Act; |
| 9. | Registration of facility management rights under Article 22 of the Act; |
| 10. | Acceptance of the notification of management regulations and request for the modification of the details of such regulations under Article 24 (2) and (3) of the Act; |
| 10-2. | Request for the submission of reports or materials on safety inspection results under Article 24-2 (2) of the Act; |
| 11. | Implementation of repair and reinforcement works in cases of damage or other impairments to marina facilities under Article 25 of the Act; |
| 12. | Permission for the use of marina facilities and the determination and collection of user fees under Article 26 of the Act; |
| 13. | Issuance of orders for reinstatement, removal, or other necessary measures under Article 28 of the Act; |
| 14. | Receipt of registration, registration of modification, and renewal of registration of marina business under Article 28-2 of the Act; |
| 15. | Acceptance of reports on succession to marina business under Article 28-3 of the Act; |
| 16. | Acceptance of reports on the suspension, resumption, or closure of marina business under Article 28-4 of the Act; |
| 17. | Acceptance of reports on marina business user fees, terms and conditions of use, and other relevant matters under Article 28-5 (1) of the Act; |
| 18. | Issuance of orders to return user fees, cease violations, or take other necessary corrective measures under Article 28-6 of the Act; |
| 19. | Revocation of registration and issuance of orders to suspend business operations for registered business entities under Article 28-7 of the Act; |
| 19-2. | Issuance and reissuance of marina vessel maintenance technician's certificates under Article 28-12 (2) of the Act; |
| 19-3. | Revocation of the qualifications of marina vessel maintenance technicians and issuance of orders to suspend such qualifications under Article 28-12 (5) of the Act; |
| 20. | Administrative dispositions and public notice under Article 33 of the Act; |
| 21. | Request for attendance and statements and for submission of relevant documents and reports, as well as entry for inspection and verification under Article 33-2 (1) of the Act; |
| 22. | Hearings in cases of revocation of permission, designation, or approval under subparagraph 5 of Article 34 of the Act; |
| 23. | Imposition and collection of administrative fines under Article 41 of the Act; |
| 24. | Receipt of plans for sales in units or membership recruitment under Article 32-6 (3). |
| (2) | The Minister of Oceans and Fisheries shall delegate the authority to assign unique identification codes for marina vessel manufacturers under Article 32-2 of the Act to the Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act, pursuant to Article 35 (3) of the Act. <Added on Jul. 6, 2015; Jun. 11, 2019> |
| Article 35-2 (Management of sensitive information and personally identifiable information) |
| 1. | Business affairs regarding the registration, registration of modification, and renewal of registration of marina business under Article 28-2 of the Act; |
| 2. | Business affairs regarding succession to the status of registered business entities under Article 28-3 of the Act; |
| 3. | Business affairs regarding reporting on the suspension, resumption, and closure of marina business under Article 28-4 of the Act; |
| 4. | Business affairs regarding the issuance and reissuance of marina vessel maintenance technician's certificates and the revocation and suspension of such qualifications under Article 28-12 of the Act. |
[This Article Added on Feb. 15, 2022]
[Previous Article 35-2 moved to Article 35-3 <Feb. 15, 2022>]
| Article 35-3 (Re-examination of regulation) |
| (1) | The Minister of Oceans and Fisheries shall examine the validity of the following matters every 3 years from the following base dates (referring to the period that ends on the day before every third anniversary from the base date) and shall take necessary measures such as making improvements: <Amended on Dec. 9, 2014> |
| 1. | Designation of project implementers and other relevant acts under Article 10: January 1, 2014; |
| 2. | Restrictions on acts and other relevant measures under Article 13: January 1, 2014. |
| (2) | Deleted. <Mar. 3, 2020> |
[This Article Added on Dec. 30, 2013]
[Moved from Article 35-2 <Feb. 15, 2022>]
CHAPTER VI PENALTY PROVISIONS
| Article 36 (Criteria for imposition of administrative fines) |
The criteria for the imposition of administrative fines under Article 41 (1) and (2) of the Act shall be as specified in Appendix 2. <Amended on Jun. 27, 2017> [This Article Wholly Amended on Jul. 6, 2015]
ADDENDUM <Presidential Decree No. 21880, Dec. 14, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on February 1, 2010.
ADDENDA <Presidential Decree No. 22127, Apr. 20, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on April 23, 2010.
ADDENDA <Presidential Decree No. 22288, Jul. 21, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on October 16, 2010.
ADDENDUM <Presidential Decree No. 22470, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22626, Jan. 17, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22902, Apr. 14, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 24131, Oct. 8, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 24598, Jun. 11, 2013>
This Decree shall enter into force on June 19, 2013.
ADDENDA <Presidential Decree No. 24638, Jun. 28, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2013. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25358, May 22, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on May 23, 2014.
ADDENDA <Presidential Decree No. 25813, Dec. 3, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 24 (3) and (4) shall enter into force 6 months after the date of the promulgation. Article 2 (Applicability to approval of implementation plans)
The amended provisions of Article 14 (3) shall begin to apply to the first implementation plan for which an application for approval is filed after this Decree enters into force. Article 3 (Transitional measures regarding scope of total project costs)
Notwithstanding the amended provisions of Article 24 (1) 8, the previous provisions shall apply to a project plan for which approval was applied before this Decree enters into force. Article 4 (Transitional measures regarding methods of calculating value of land)
Notwithstanding the amended provisions of Article 24 (3) and (4), the previous provisions shall apply to a project plan for which approval was applied before this Decree enters into force.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2015.
ADDENDUM <Presidential Decree No. 26389, Jul. 6, 2015>
This Decree shall enter into force on July 7, 2015.
ADDENDA <Presidential Decree No. 26912, Jan. 19, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 21, 2016.
Article 2 (Special cases regarding base date for conducting safety inspections)
When applying the amended provisions of Article 26-2 and Appendix 1 to marina facilities for which completion confirmation was received or a report on use before completion of works was filed before this Decree enters into force, the enforcement date of this Decree shall be deemed the date of receiving the certificate of completion confirmation under Article 18 (2) of the Act or the date of filing the report on use before completion of works under the proviso of paragraph (4) of that Article.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 25, 2016.
ADDENDA <Presidential Decree No. 26928, Jan. 22, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 25, 2016.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on September 1, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27792, Jan. 17, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on January 28, 2017.
ADDENDUM <Presidential Decree No. 28166, Jun. 27, 2017>
This Decree shall enter into force on June 28, 2017.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on November 1, 2018.
ADDENDA <Presidential Decree No. 29849, Jun. 11, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2019.
ADDENDUM <Presidential Decree No. 30235, Dec. 10, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30491, Feb. 25, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30952, Aug. 19, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on August 19, 2020.
Article 2 (Transitional measures regarding criteria for imposition of administrative fines)
A disposition imposing an administrative fine for a violation committed before this Decree enters into force shall be included in the calculation of the number of violations under the amended provisions of Appendix 2.
ADDENDA <Presidential Decree No. 30977, Aug. 26, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on August 28, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
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. 32352, Jan. 21, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on January 21, 2022.
ADDENDA <Presidential Decree No. 32440, Feb. 15, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on February 19, 2022.
Article 2 (Special cases regarding application of registration requirements for marina vessel maintenance business)
Notwithstanding subparagraph 3 b of Appendix 1-2, if a person who is engaged in marina vessel maintenance business as at the time this Decree enters into force and fails to meet the human resource requirements under subparagraph 3 b of Appendix 1-2, among the registration requirements under subparagraph 3 of that Appendix, intends to file for registration of marina vessel maintenance business, the person shall be deemed to meet the registration requirements until February 18, 2023.
ADDENDA <Presidential Decree No. 33225, Jan. 10, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on January 12, 2023.
ADDENDA <Presidential Decree No. 33517, Jun. 7, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on June 11, 2023.
ADDENDA <Presidential Decree No. 33518, Jun. 7, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on June 11, 2023.
ADDENDUM <Presidential Decree No. 33913, Dec. 12, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 34986, Nov. 5, 2024>
This Decree shall enter into force on the date of its promulgation.