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ENFORCEMENT DECREE OF THE ACT ON PROMOTION OF MARINE EDUCATION AND MARINE CULTURE

Presidential Decree No. 31470, Feb. 19, 2021

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Promotion of Marine Education and Marine Culture and matters necessary for the enforcement thereof.
 Article 2 (Marine Education Facility and Marine Education Organization)
(1) "Facility prescribed by Presidential Decree" in subparagraph 6 (l) of Article 2 of the Act on Promotion of Marine Education and Marine Culture (hereinafter referred to as the "Act") means the facilities determined and publicly notified by the Minister of Oceans and Fisheries from among the following facilities:
1. Facilities providing marine education among the institutions affiliated with the State or local governments;
2. Facilities providing marine education among the public institutions designated pursuant to Article 4 of the Act on the Management of Public Institutions.
(2) "Corporation or organization prescribed by Presidential Decree" in subparagraph 7 of Article 2 of the Act means the following:
1. A corporation determined and publicly notified by the Minister of Oceans and Fisheries from among non-profit corporations conducting business affairs such as academic research, cultivation of industries, international exchanges related to marine affairs;
2. A corporation or organization determined and publicly notified by the Minister of Oceans and Fisheries after deliberation by the Marine Education and Culture Deliberation Committee established under Article 5 (1) of the Act (hereafter referred to as the "Committee"), from among corporations or organizations having expertise in marine education.
 Article 3 (Composition of Marine Education and Culture Deliberation Committee)
(1) The members of the Committee (hereinafter referred to as "committee members") shall be appointed or commissioned by the chairperson of the Committee (hereafter referred to as the "chairperson") from among the following persons, in consideration of gender:
1. A person recommended by the head of the relevant institution respectively, from among public officials who are members of the Senior Executive Service belonging to the Ministry of Education, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Employment and Labor, the Ministry of Gender Equality and Family, and the Ministry of Oceans and Fisheries;
2. Persons with extensive knowledge of and experience in marine education and culture.
(2) The term of office of the committee members referred to in paragraph (1) 2 shall be two years: Provided, That the term of office of a committee member newly commissioned to fill a vacancy following the resignation of a committee member shall be the remaining term of office of his or her predecessor.
(3) The Committee shall have one secretary to deal with the general affairs of the Committee, who shall be appointed by the chairperson from among public officials belonging to the Ministry of Oceans and Fisheries.
 Article 4 (Operation of Committee)
(1) The chairperson shall represent the Committee and exercise overall control over affairs of the Committee.
(2) Where the chairperson is unable to perform his or her duties due to any unavoidable causes, a committee member designated in advance by the chairperson shall act on behalf of the chairperson.
(3) The chairperson shall convene a meeting and preside over the meetings of the Committee.
(4) A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(5) If it is deemed necessary for examination by the Committee, the chairperson may request relevant persons or experts in the relevant fields to attend a meeting to hear their opinions.
(6) A committee member who attends a meeting of the Committee may be reimbursed for allowances and travel expense within the budget: Provided, That this shall not apply where a committee member who is a public official attends a meeting of the Committee in direct connection with his or her official duties.
(7) Except as provided in paragraphs (1) through (6), matters necessary for the operation of the Committee shall be determined by the chairperson after resolution by the Committee.
 Article 5 (Exclusion of, Challenge to, and Recusal of Committee Members)
(1) If any committee member falls under any of the following cases, the member shall be excluded from deliberation and resolution on the relevant agenda item:
1. Where a committee member, or a current or former spouse of the committee member, is a party to the relevant agenda item (including the executive officers of a corporation or organization, if the party concerned is a corporation or organization; hereafter the same shall apply in this subparagraph and subparagraph 2) or a joint right-holder or joint obligor with a party to the agenda item;
2. Where a committee member is or was a relative of a party to the relevant agenda item;
3. Where a committee member has given any testimony, statement, consultation, service, or has conducted any research or appraisal with respect to the relevant agenda item;
4. Where a committee member or a corporation, organization, etc. to which he or she belongs is or was an agent of a party to the relevant agenda item;
5. Where a committee member belongs to or has belonged to a corporation or organization related to the relevant agenda item for the recent three years;
6. Where a committee member has been involved in disposition or omission that gave rise to the relevant agenda item.
(2) If any circumstances indicate that it would be difficult to expect a fair deliberation and resolution from a committee member, a party to the relevant agenda item may file an application for challenge to the committee member with the Committee, and the Committee shall decide whether to challenge the committee member by a resolution. In such cases, the committee member against whom an application for challenge is filed shall not participate in the resolution process.
(3) If a committee member falls under any of the grounds for exclusion specified in the subparagraphs of paragraph (1), he or she shall recuse himself or herself from deliberation and resolution on the relevant agenda item.
 Article 6 (Dismissal of Committee Members)
If a committee member falls under any of the following cases, the chairperson of the Committee may dismiss or decommission the relevant committee member:
1. Where a committee member becomes incapable of performing his or her duties due to a mental or physical disorder;
2. Where a committee member is deemed unsuitable as a committee member due to neglect of duties, injury to dignity, or any other grounds;
3. Where a committee member fails to recuse oneself, despite falling under any subparagraph of Article 5 (1).
 Article 7 (Modification of Insignificant Matters in Master Plan)
"Minor matters prescribed by Presidential Decree" in the proviso of Article 6 (2) of the Act means the following:
1. Modification within the scope of 10/100 of the total operating expenses;
2. Reflection of an amendment to the Act or the enactment, amendment, or repeal of other statutes or regulations;
3. Correction of minor mistakes, misspellings, omissions, or apparent errors equivalent thereto.
 Article 8 (Scope and Method of Fact-Finding Survey)
(1) The scope of a survey on the current status of activities and actual conditions of marine education facilities and marine education organizations, and survey, research, discovery, collection, etc. of marine cultural data pursuant to Article 7 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be as follows:
1. The current status of operation of a marine education center under Article 8 (1) of the Act (hereinafter referred to as "marine education center");
2. The current status of operation of a regional marine education center under Article 9 (1) of the Act (hereinafter referred to as "regional center");
3. The current status of the operation of specialized marine education institutions and training of specialized marine education instructors under Article 13 (1) of the Act;
4. The current status of the dissemination and operation of marine education programs accredited under Article 14 (3) of the Act;
5. The current status of the discovery, collection, preservation, translation, publication and informatization of assets and data under Article 21 (1) of the Act;
6. The current status of support for research activities under Article 22 of the Act;
7. The current status of support for domestic and international exchange and cooperation under Article 23 of the Act;
8. Public awareness of marine education and marine culture;
9. Other matters necessary to efficiently formulate and implement the master plan under Article 6 (1) of the Act.
(2) A fact-finding survey shall be conducted in the form of written survey or on-site survey, etc.
(3) The Minister of Oceans and Fisheries shall publish the results of a fact-finding survey on the website, etc. of the Ministry of Oceans and Fisheries.
(4) Except as provided in paragraphs (1) through (3), matters necessary for a fact-finding survey shall be determined and publicly notified by the Minister of Oceans and Fisheries.
 Article 9 (Standards and Procedures for Designation of Marine Education Center)
(1) The standards for designation of a marine education center or a regional center shall be as follows:
1. It shall be a marine education facility or a marine education organization;
2. It shall have at least one specialized marine education instructor and a personnel member exclusively in charge of its operation;
3. It shall have lecture rooms, practice rooms, offices and equipment necessary for education.
(2) The Minister of Oceans and Fisheries shall determine the details of the standards for designation prescribed in paragraph (1) and publicly notify the details.
(3) A person who intends to be designated as a marine education center or a regional center shall file an application for designation with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) Upon receipt of an application under paragraph (3), the Minister of Oceans and Fisheries shall determine whether to grant the designation after deliberation by the Committee.
(5) If the details of an application filed under paragraph (3) are not in compliance with the designation standards, the Minister of Oceans and Fisheries may request the applicant to make improvement or supplementation thereof within 14 days.
(6) When the Minister of Oceans and Fisheries designates a marine education center or a regional center, he or she shall issue the certificate of designation prescribed by Ordinance of the Ministry of Oceans and Fisheries to the applicant, and publicly announce such designation on the website, etc. of the Ministry of Oceans and Fisheries.
 Article 10 (Order for Rectification or Suspension of Operation)
(1) The Minister of Oceans and Fisheries may, pursuant to Article 10 (1) of the Act, recommend or order a marine education center or a regional center to improve or supplement its annual business plans, budget execution, and others.
(2) The period for issuance of an order for correction or suspension of operation under Article 10 (2) of the Act shall not exceed six months.
 Article 11 (Composition and Operation of Regional Consultative Council on Marine Education)
(1) A deputy mayor or a deputy governor nominated by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the “Mayor/Do Governor") shall serve as the chairperson of a regional consultative council on marine education referred to in Article 12 (1) of the Act (hereinafter referred to as "regional consultative council"), and a public official at director-general level in charge of marine education affairs at the office of education, nominated by the superintendent of education of the Special Self-Governing City, a Metropolitan City, a Special Self-Governing City, Do, a Special Self-Governing Province (hereinafter referred to as "City/Do") shall serve as the vice chairperson.
(2) The members of a regional consultative council shall be commissioned by the Mayor/Do Governor from among the following persons, in consideration of gender balance:
1. A person who performs business affairs related to marine education, such as teachers, or the employees of a marine education facility or a marine education organization;
2. A person with extensive knowledge of and experience in marine education.
(3) When the chairperson of a regional consultative council is unable to perform his or her duties due to any unavoidable causes, the vice chairperson shall act on behalf of the chairperson.
(4) The regional consultative council shall have one executive secretary to deal with the clerical work thereof, who shall be designated by the Mayor/Do Governor from among the public officials belonging to the relevant City/Do.
(5) The term of office of each member of a regional consultative council shall be two years: Provided, That the term of office of a member of a regional consultative council newly commissioned to fill a vacancy following the resignation of a member of a regional consultative council shall be the remaining term of office of his or her predecessor.
(6) Allowances may be paid and travel expenses reimbursed to a member of a regional consultative council who attends a meeting of a regional consultative council within the budget: Provided, That the same shall not apply where a member of a regional consultative council who is a public official attends a meeting of a regional consultative council in direct connection with his or her official duties.
(7) Articles 5 and 6 shall apply mutatis mutandis to the exclusion, challenge, recusal, and decommissioning of a member of a regional consultative council. In such cases, the term "Committee" shall be construed as "regional council", and the term "chairperson" as "Mayor/Do Governor".
(8) Except as provided in paragraphs (1) through (7), matters necessary for operating a regional consultative council shall be determined by the chairperson following resolution by the regional consultative council.
 Article 12 (Designation of Specialized Marine Education Institution)
(1) The details of the standards for designation of a specialized marine education institution pursuant to Article 13 (1) of the Act (hereinafter referred to as "specialized marine education institution") shall be as listed in attached Table 1.
(2) If the Minister of Oceans and Fisheries intends to designate a specialized marine education institution pursuant to Article 13 (1) of the Act, he or she shall formulate a designation plan and publicly announce it on the website, etc. of the Ministry of Oceans and Fisheries.
(3) A person who intends to be designated as a specialized marine education institution shall file an application therefor with the Minister of Oceans and Fisheries as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) If the details of an application filed under paragraph (3) fail to comply with the standards for designation prescribed in Article 13 (2) of the Act and paragraph (1) of this Article, the Minister of Oceans and Fisheries may request the applicant for designation to improve or supplement the details thereof within 14 days.
(5) Upon designating a specialized marine education institution, the Minister of Oceans and Fisheries shall issue the certificate of designation prescribed by Ordinance of the Ministry of Oceans and Fisheries to the applicant, and publicly announce such designation on the website, etc. of the Ministry of Oceans and Fisheries.
 Article 13 (Educational Courses of Specialized Marine Education Institution)
(1) The educational courses of a specialized marine education institution shall be set up and operated according to the classification of the common courses for understanding of the general marine studies and the specialized courses for cultivating expertise in specified fields, such as marine science, marine industry, and marine culture.
(2) A specialized marine education institution shall issue the certificate of completion to a person who completes the educational courses pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Details regarding the educational courses and curricula of a specialized marine education institution pursuant to paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries.
 Article 14 (Cancellation of Designation of Specialized Marine Education Institution)
"Where a specialized marine education institution violates any matters prescribed by Presidential Decree" in Article 13 (4) 3 of the Act means any of the following cases:
1. Where a specialized marine education institution fails to set up the educational courses within one year from the date it is designated as a specialized marine education institution under Article 13 (1) of the Act;
2. Where a specialized marine education institution discontinues its operation for at least one year;
3. Where a specialized marine education institution operates its educational courses differently from the details of designation.
 Article 15 (Modification of Minor Matters of Marine Education Program)
"Minor matters prescribed by Presidential Decree" in the proviso of Article 15 (1) of the Act means the following:
1. Changing the number of educational audience by up to 10/100 of the total;
2. Correcting minor mistakes, misspellings, omissions, or apparent errors equivalent thereto.
 Article 16 (Support for Operating Expenses for School Marine Education)
The State and local governments may subsidize schools to cover the following expenses pursuant to Article 17 (5) of the Act:
1. Expenses incurred in the operation of school marine education programs;
3. Expenses incurred in survey and research relating to school marine education;
3. Expenses incurred in developing and distributing teaching materials related to school marine education;
4. Expenses of procuring facilities and equipment necessary for providing school marine education.
 Article 17 (National or Public Marine Education Facility)
(1) The operator of a national or public marine education facility shall be equipped with the following facilities, equipment, marine education programs, etc. in accordance with Article 18 (2) of the Act:
1. Lecture rooms which can accommodate at least 50 students;
2. Marine education programs and annual education plans for the operation thereof;
3. Teaching materials, teaching tools, and actual training equipment necessary for operating marine education programs;
4. At least one specialized marine education instructor.
(2) Detailed matters relating to the facilities, equipment, marine education programs, etc. referred to in paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries.
 Article 18 (Support for Operating Expenses for Social Marine Education)
The State or local governments may subsidize the marine education facilities and marine education organizations under Article 18 (5) of the Act to cover the following expenses:
1. Expenses incurred in the operation of social marine education programs;
2. Expenses incurred in survey and research related to social marine education;
3. Expenses incurred in developing and distributing educational materials related to social marine education;
4. Expenses incurred in purchasing facilities and equipment necessary for providing social marine education.
 Article 19 (Subject Matters and Criteria of Evaluation)
(1) The detailed criteria for an evaluation under Article 20 (1) of the Act (hereafter referred to as "evaluation” in this Article and Article 20) shall be as follows:
1. Systematic educational courses and appropriateness of educational curricula: It shall have educational courses suited marine to the audience and the purpose of education, and the curricula shall be appropriate for improving citizens' awareness of affairs and for fostering marine human resources;
2. Current status of employment of specialized marine education instructors: It shall have sufficient manpower of specialized marine education instructors to cover the number of trainees, and have a cooperative system with the relevant institutions to maintain and improve the expertise of specialized marine education instructors;
3. A drawing for an educational environment, including facilities and equipment: It shall secure education facilities and equipment suitable to accommodate the number of trainees and educational curricula, and conduct safety inspection on a regular basis and manage them properly.
(2) Except as provided in paragraph (1), matters necessary for the detailed criteria of evaluation shall be determined and publicly notified by the Minister of Oceans and Fisheries.
 Article 20 (Procedures and Methods of Evaluation)
(1) When the Minister of Oceans and Fisheries intends to conduct an evaluation, he or she shall formulate a plan for evaluation.
(2) The Minister of Oceans and Fisheries may compose and operate an evaluation committee to efficiently conduct evaluations.
(3) An evaluation shall consist of two phases, the first of which shall be conducted in a written form, and the second of which shall be conducted on-site.
(4) Upon completion of an evaluation, the Minister of Oceans and Fisheries shall notify the institutions subject to the evaluation of the results thereof, and shall publish the results on the website, etc. of the Ministry of Oceans and Fisheries.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the procedures and methods of evaluation and the disclosure of evaluation results shall be determined and publicly notified by the Minister of Oceans and Fisheries.
 Article 21 (Discovery and Collection of Assets and Data of Marine Culture)
(1) Pursuant to Article 21 (1) of the Act, the State and local governments shall discover, collect, and preserve the following assets and data, and make them readily available to the public:
1. Tangible and intangible assets relevant to marine culture, with a high value of preservation in terms of ecological, artistic, historical, and academic perspectives, such as natural landscape, traditional fishing gear, fishery techniques, folklore, and traditional ritual;
2. Data helpful for recording, passing down, and understanding marine culture, such as books, photographs, videos, or research data on marine culture.
(2) The Minister of Oceans and Fisheries shall translate and publish the assets and data specified in paragraph (1) or preserve them in an electronic form, and provide them to the public through the information system referred to in Article 7 (2) of the Act or on the website of the Ministry of Oceans and Fisheries, etc.
 Article 22 (Entrustment of Business Affairs)
(1) Pursuant to Article 24 (2) of the Act, the Minister of Oceans and Fisheries may entrust the following business affairs to a nonprofit corporation that conducts business affairs such as academic research, cultivation of industries, and international exchange related to marine affairs:
1. Fact-finding surveys under Article 7 (1) of the Act;
2. Establishment and operation of an information system under Article 7 (2) of the Act;
3. Evaluation of the marine education facilities and marine education organizations under Article 20 (1) of the Act;
4. Discovery, collection, preservation and translation, publication, and informatization of assets and data related to marine culture pursuant to Article 21 (1) of the Act.
(2) Where the Minister of Oceans and Fisheries entrusts business affairs pursuant to paragraph (1), he or she shall publicly announce the institutions entrusted with the business affairs, the details of entrusted affairs, etc. in the Official Gazette or on the website of the Ministry of Oceans and Fisheries, etc.
 Article 23 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 29 (1) and (2) of the Act shall be as specified in attached Table 2.
ADDENDUM <Presidential Decree No. 31470, Feb. 19, 2021>
This Decree shall enter into force on February 19, 2021.