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ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE CONSERVATION OF THE ECOSYSTEMS IN ISLAND AREAS INCLUDING DOKDO

Presidential Decree No. 15814, jun. 20, 1998

Amended by Presidential Decree No. 17698, Aug. 8, 2002

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18443, jun. 25, 2004

Presidential Decree No. 20384, Nov. 15, 2007

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 29025, Jul. 3, 2018

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Special Act on the Conservation of the Ecosystems in Island Areas including Dokdo and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 20384, Nov. 15, 2007; Presidential Decree No. 29025, Jul. 3, 2018>
 Article 2 (Matters to Be Included in Master Plans for Conservation of Specified Islands)
"Matters prescribed by Presidential Decree" in Article 5 (2) 3 of the Special Act on the Conservation of the Ecosystems in Island Areas including Dokdo (hereinafter referred to as the "Act") means the following matters: <Amended by Presidential Decree No. 20384, Nov. 15, 2007>
1. Current status of the specified islands and the status of use thereof;
2. Matters concerning the restoration of deteriorated natural ecosystems, geographical and geological features and natural environment (hereinafter referred to as "natural ecosystem, etc.");
3. Matters concerning cooperation of relevant central administrative agencies and local governments that are necessary for conserving natural ecosystems, etc.
 Article 3 (Formulation of Master Plans for Conservation of Specified Islands)
(1) Where the Minister of Environment intends to formulate a master plan for the conservation of specified islands pursuant to Article 5 of the Act (hereinafter referred to as "master plan"), he or she shall do so, based on the results of a basic investigation into natural ecosystems, etc. on uninhabited islands, etc. conducted pursuant to Article 6 (1) of the Act; and consideration shall be given to the opinions of the relevant Metropolitan City Mayors or Do Governors (hereinafter referred to as "Mayor/Do Governor"). <Amended by Presidential Decree No. 18443, Jun. 25, 2004>
(2) Where a master plan is finalized, the Minister of Environment shall notify the heads of the relevant central administrative agencies and Mayors/Do Governors of such fact without delay, and the heads of the relevant central administrative agencies and Mayors/Do Governors who receive such notice shall take measures necessary to implement the master plan.
 Article 4 (Investigation into Natural Ecosystems on Uninhabited Islands)
(1) The details of investigation into natural ecosystems, etc. on uninhabited islands, etc. to be conducted pursuant to Article 6 of the Act (hereafter referred to as "investigation" in this Article) are as follows: <Amended by Presidential Decree No. 18443, Jun. 25, 2004>
1. Distribution and current status of the fauna and flora;
2. Current status of vegetation;
3. Current status of unusual geographical and geological features and natural environment;
4. Conditions of coasts and current status of buildings and other structures;
5. Other matters deemed necessary by the Minister of Environment to conduct an investigation for the conservation of natural ecosystems, etc.
(2) An investigation shall be conducted on site by island researchers prescribed in Article 6-2 of the Act (hereinafter referred to as "researcher"): Provided, That in the case of an investigation prescribed in Article 6 (3) of the Act, a person who is not a researcher may conduct an on-site investigation. <Amended by Presidential Decree No. 20384, Nov. 15, 2007>
(3) Notwithstanding paragraph (2), where it is impossible to conduct an on-site investigation due to a natural disaster and any other unavoidable cause, an investigation may be conducted by means of remote sensing using airplanes, satellites, etc. or by indirect investigation through questionnaires, materials, literature, etc. <Newly Inserted by Presidential Decree No. 20384, Nov. 15, 2007>
(4) The Minister of Environment may request the following matters to the heads of the relevant central administrative agencies and Mayors/Do Governors to enable researchers to conduct investigations smoothly, and the heads of the relevant central administrative agencies and Mayors/Do Governors who receive such request shall cooperate therein unless there is a compelling reason not to do so: <Amended by Presidential Decree No. 18443, Jun. 25, 2004; Presidential Decree No. 20384, Nov. 15, 2007>
1. Accessing restricted zones under their jurisdiction;
2. Reading and lending materials related to the investigation;
3. Providing equipment and human resources, such as a ship necessary for investigation.
(5) The Minister of Environment shall formulate an investigation plan including the matters prescribed by Ordinance of the Ministry of Environment not later than 10 days before the date the investigation is commenced and notify the heads of the relevant administrative agencies and Mayors/Do Governors thereof. <Amended by Presidential Decree No. 20384, Nov. 15, 2007>
 Article 5 (Reporting on Restricted Activities)
A person who conducts an activity falling under any subparagraph of Article 8 (2) of the Act shall file a report with or give notice to the Minister of Environment thereon or thereof within 30 days from the date the activity ends, specifying the following matters: <Amended by Presidential Decree No. 29025, Jul. 3, 2018>
1. Purpose and reasons for the activity;
2. Person to conduct the activity;
3. Period for conducting the activity;
4. Area targeted for the activity (including drawings);
5. Details and scale of the activity;
6. Prediction of changes to the natural ecosystems, etc. caused by the activity, current status of restoration or restoration plan.
 Article 5-2 (Procedures for Purchasing Land)
(1) Where a person who owns land, buildings or other articles (hereinafter referred to as "land, etc.") in an area necessary to conserve the natural ecosystems, etc. of a specified island intends to sell the land, etc. to the Minister of Environment pursuant to Article 12-2 of the Act, such person shall submit the following documents to the Minister of Environment. In such cases, the Minister of Environment shall verify the certified copy of the register of the land, etc. through the administrative information sharing service prescribed in Article 36 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 22467, Nov. 2, 2010>
1. Documents stating the name, address, etc. of the owner of the land, etc. to be sold (where the owner is a corporation, its name and the name of its representative);
2. Documents evidencing the number of land lot, land category, size, current status of use, current status of establishment of rights, and owner of the land, etc. to be sold (limited to where it is unverifiable by the certified copy of the register of land, etc.);
3. Documents stating the details of structures, etc. on the land, etc. to be sold.
(2) Where the Minister of Environment is requested to purchase land, etc. pursuant to paragraph (1), he or she shall determine whether to purchase the land, etc. within the budgetary limits of the year concerned and notify the owner of the relevant land, etc. of the results thereof. In such cases, where the Minister of Environment determines to purchase the land, etc., he or she shall also notify such owner of the purchase price calculated pursuant to Article 12-2 of the Act.
[This Article Newly Inserted by Presidential Decree No. 18443, Jun. 25, 2004]
 Article 6 (Delegation of Authority)
(1) The Minister of Environment shall delegate the following authority to Mayors/Do Governors pursuant to Article 13 of the Act: <Amended by Presidential Decree No. 18443, Jun. 25, 2004>
1. Restriction on and prohibition of access and public announcement of matters related thereto under Article 10 of the Act;
2. Authority over the purchase of land, etc. under Article 12-2 of the Act;
3. Imposition and collection of administrative fines on and from persons falling under Article 16 (1) 3 of the Act.
(2) The Minister of Environment shall delegate the following authority to the heads of river basin environmental offices and the heads of regional environmental offices (hereinafter referred to as "heads of regional environmental agency") pursuant to Article 13 of the Act: <Amended by Presidential Decree No. 17698, Aug. 8, 2002; Presidential Decree No. 20384, Nov. 15, 2007>
1. Commissioning honorary rangers pursuant to Article 6-3 (1) of the Act;
1-2. Receiving reports or notices on the details and results of activities on specified islands pursuant to Article 8 (2) of the Act;
2. Granting permission for various activities pursuant to Article 9 of the Act;
3. Issuing an order for restoration to the original state or an order for taking action equivalent thereto on specified islands pursuant to Article 11 of the Act;
4. Revoking permission, or issuing an order to suspend or alter activities pursuant to Article 12 of the Act;
5. Imposing and collecting administrative fines on and from persons falling under Article 16 (1) 2 and 4 of the Act.
 Article 7 (Reporting)
Every Mayor/Do Governor or the head of each regional environmental agency shall report the results of managing the administrative affairs delegated to him or her pursuant to Article 6 to the Minisher of Environment by January 31 of the following year.
 Article 7-2 (Handling of Personally Identifiable Information)
The Minister of Environment (including persons to whom the authority of the Minister of Environment is delegated pursuant to Article 6) may handle materials including resident registration numbers and alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if inevitable to conduct the following administrative affairs:
1. Administrative affairs concerning commissioning island researchers under Article 6-2 of the Act;
2. Administrative affairs concerning accessing another person's land, etc. under Article 7 of the Act;
3. Administrative affairs concerning granting permission for activities on specified islands under Article 9 of the Act;
4. Administrative affairs concerning purchasing land, etc. under Article 12-2 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 8 (Criteria for Imposing Administrative Fines)
Criteria for imposing administrative fines pursuant to Article 16 (1) of the Act shall be as prescribed in the attached Table.
[This Article Wholly Amended by Presidential Decree No. 29025, Jul. 3, 2018]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17698, Aug. 8, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18443, Jun. 25, 2004>
This Decree shall enter into force on July 1, 2004.
ADDENDUM <Presidential Decree No. 20384, Nov. 15, 2007>
This Decree shall enter into force on November 18, 2007.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29025, Jul. 3, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Imposition of Administrative Fines)
The imposition of administrative fines for offenses committed before this Decree enters into force shall not be included in the calculation of the number of offenses under the amended provisions of the attached Table.