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Laws of the Republic of Korea |
Act No. 8045, Oct, 4, 2006
Amended by Act No. 8260, Jan. 19, 2007
Act No. 8351, Apr.11, 2007
Act No. 8377, Apr.11, 2007
Act No. 8762, Dec.21, 2007
Act No. 8852, Feb.29, 2008
Act No. 9037, Mar.28, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9454, Feb. 6, 2009
Act No. 9614, Apr. 1, 2009
Act No. 9626, Apr.22, 2009
Act No. 9982, Jan. 27, 2010
Act No.10676, May19, 2011
CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to protect marine ecosystems from artificial damage and conserve or manage marine ecosystems in a comprehensive and systematic manner, such as conserving marine biological diversity and promoting the sustainable use of marine biological resources, thereby improving the quality of national life and protecting marine assets.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 8852, Feb. 29, 2008>
1. The termmarine ecosystemsmeans the biological community of specific sea areas, and a material system or a functional system where inorganic and organic environments
surrounding such community are combined;
2. The termconservation and management of marine ecosystems means all activities committed to conserve, protect or restore marine ecosystems in a systematic manner and conserve marine biological
diversity;
3. The term marine biological diversity means the diversity of biological species or
organisms within marine ecosystems, including the diversity of intra-species, inter- species, the habitats of organisms and ecosystems;
4. The termmarine biological resourcesmeans genetic resources, organisms, a part of
organisms, population and other biological components of marine ecosystems, which have a value to people or have practical or potential
purposes;
5. The termmarine ecosystem axismeans the network of habitats which connects the ecosystems of ecologically important areas or sea areas maintaining ecological functions,
so as to protect and manage marine ecosystems and marine biological diversity in an
integrated manner, and maintain the ecological structure and the continuity of ecological functions;
6. The marine ecology map means a map drawn up under Article 12, by classifying marine ecosystems according to ecological or landscape
value, etc.;
7. The termmarine primary productionmeans the production of organic materials through photosynthesis or chemical synthesis in the sea;
8. The termmarine organisms means organisms which inhabit or grow naturally in marine ecosystems;
9. The migratory marine animals means animals moving in a group for spawning, feeding activities or reproduction, etc., determined by
Ordinance of the Ministry of Land, Transport and Maritime Affairs;
10. The marine mammals means mammals living in the sea, which are determined by
Ordinance of the Ministry of Land, Transport and Maritime Affairs;
11. The termmarine organisms under protection means marine species falling under any of the following items, determined by Ordinance of the
Ministry of Land, Transport and Maritime Affairs:
(a) Unique species living in the Republic of Korea;
(b) Species, the number of which is remarkably decreasing; (c) Species of high academic or economic value;
(d) Species worthy of being highly protected internationally;
12. The organisms disturbing marine ecosystems means organisms falling under any of the following items, which are determined by Ordinance
of the Ministry of Land, Transport and Maritime Affairs:
(a) Marine organisms flowing in from abroad artificially or naturally, which cause or are likely to cause disturbance to the balance
of marine ecosystems;
(b) Marine organisms which cause or are likely to cause disturbance to the balance of marine ecosystems, from among genetically modified
organisms produced through
genetic modification;
13. The harmful marine organisms means marine organisms causing harm to the life or property of people, which are determined by Ordinance
of the Ministry of Land, Transport and Maritime Affairs;
14. The termprotected marine areas means areas worthy of preservation, as they are ecologically important due to diverse marine organisms, or they have excellent marine
assets, including marine landscape, determined by Ordinance of the Ministry of Land,
Transport and Maritime Affairs under Article 25;
15. The termmarine assets means the total of non-biological resources of tangible or intangible value, which can be used in the life of people or economic activities,
including biological resources of marine ecosystems, marine landscape, marine minerals, seawater and marine energy.
Ecosystems)
Marine ecosystems shall be conserved or managed, according to the following basic principles:
1. Marine ecosystems shall be conserved or managed as the assets of all nationals, serving the public interests, and marine ecosystems
shall be used on a sustainable basis;
2. There should be harmony and balance between the use of the sea and the conservation or management of marine ecosystems;
3. Endangered marine organisms or ecologically important marine organisms shall be protected, and the diversity of marine organisms
shall be conserved;
4. Nationals shall take part in the conservation or management of marine ecosystems, and shall be provided more opportunities to
use marine ecosystems in a sound manner;
5. The burden of conserving or managing marine ecosystems shall be shared in an equitable manner, and benefits generated from marine
ecosystems shall be preferentially enjoyed by local residents and interested persons;
6. No ecological balance shall be destroyed nor shall the value thereof be undermined, when marine environments are used or developed,
and endeavors shall be made to restore or recover marine ecosystems and marine landscape, when they are destroyed, damaged or injured;
7. International cooperation shall be promoted for the sustainable use of marine ecosystems.
(1) The State or local governments shall take the following measures to conserve or manage marine ecosystems:
1. Formulation and implementation of measures to conserve or manage marine ecosystems, in an effort to prevent inordinate damage
to marine ecosystems due to activities or projects (hereinafter referred to development activities, etc. ) affecting marine ecosystems, including the development or use of the sea, or promote the
sustainable use of marine ecosystems;
2. Promotion of policies which encourage nationals to take an active part in the conservation or management of marine ecosystems
and the creation of conditions therefor;
3. Investigation, research and technology development concerning the conservation and management of marine ecosystems, or the fosterage
of specialized human resources;
4. Formulation and implementation of measures to restore or recover damaged marine ecosystems;
5. Raising the public awareness of the importance of marine ecosystems, through education and public relations concerning marine
ecosystems;
6. Promotion of international cooperation concerning the conservation of marine environments.
(2) Business operators shall observe the following matters, in conducting business activities:
1. Business operators shall preferentially consider marine ecosystems and marine landscapes;
2. Business operators shall take necessary measures to restore or recover damaged marine environments due to business activities on
their own behalf;
3. Business operators shall take part in or cooperate in measures to conserve the marine environments, formulated and implemented
by the State and local governments under paragraph (1).
(3) All nationals shall endeavor to protect marine ecosystems, including active participation in policies of the State and local governments
to conserve and manage marine ecosystems.
(4) Any one who intends to conduct development activities, etc. shall take necessary measures to minimize damage to marine ecosystems.
(1) The heads of central administrative agencies shall, when they intend to formulate and
implement major policies or plans directly related to the conservation and management of marine ecosystems, consult with the Minister
of Land, Transport and Maritime Affairs in advance: Provided, That this shall not apply to cases where they have consulted with the
Minister of Land, Transport and Maritime Affairs under other Acts. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may, when he/she conducts development activities, etc., in consultation
with the heads of the relevant central administrative agencies, draw up guidelines on the conservation, management and sustainable
use of marine ecosystems, and order persons engaged in development activities, etc. to utilize such guidelines. <Amended by Act
No. 8852, Feb. 29, 2008>
(3) Necessary matters concerning the kinds of major polices or plans subject to consultation and the preparation of guidelines under
paragraphs (1) and (2) shall be prescribed by Presidential Decree.
The State shall support local governments, civil groups, etc. to ensure that nationals can take part in movements to protect marine ecosystems and encourage movements to protect marine ecosystems by taking into account ecological characteristics by region.
System)
(1) The Minister of Land, Transport and Maritime Affairs may establish and operate the marine ecosystem information system (hereinafter
referred to asmarine ecosystem information system ) which computerizes a marine ecology map, marine species and information on habitats, etc.,
so as to smoothly produce and distribute knowledge and information on marine ecosystems. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may request the heads of the relevant administrative agencies to submit
data necessary for the establishment and operation of the marine ecosystem information system. In such cases, the heads of the
relevant administrative agencies shall comply with such requests, unless any extraordinary ground exists. <Amended by Act No.
8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs may entrust the establishment and operation of the marine ecosystem information
system to specialized institutions, when necessary for the efficient establishment and operation of the marine ecosystem information
system. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Necessary matters concerning the establishment and operation of the marine ecosystem information system under paragraph (1) and
entrustment to specialized institutions under paragraph (3) shall be prescribed by Presidential Decree.
(1) The State may formulate joint measures with neighboring countries, to conserve and manage marine ecosystems and marine biological
resources in a systematic and comprehensive manner.
(2) The State or local governments may conduct cooperative protects, such as investigations, research, restoration or recovery, with
neighboring nations, in an effort to promote international joint responses to the protection of marine organisms, the conservation
of habitats of marine organisms and influences on marine ecosystems of marine pollution, and may order the relevant research institutes
or academic institutions to take part in such projects.
(3) The State or local governments may support the relevant research institutes or academic institutions which take part in cooperative
projects under paragraph (2), and the kinds of and procedures for support for cooperative projects and institutions subject to support
shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29,
2008>
CHAPTER II FORMULATION OF PLANS AND INVESTIGATIONS
Marine Ecosystems)
(1) The Minister of Land, Transport and Maritime Affairs shall formulate basic plans (hereinafter referred to asbasic plans ) on the conservation and management of marine ecosystems every ten years, so as to conserve and manage marine ecosystems
in a comprehensive and systematic manner. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Basic plans shall include the following matters:
1. The actual status or use of marine ecosystems;
2. Basic directions and major projects concerning the conservation and management of marine ecosystems;
3. Matters concerning the protection or restoration of habitats or the migratory routes of marine organisms;
4. Matters concerning the establishment and promotion of the marine ecosystem axis;
5. Education and public relations concerning the conservation and management of marine ecosystems and the promotion of civil cooperation;
6. Cooperation of the relevant central administrative agencies and local governments;
7. International cooperation on the conservation and management of marine ecosystems;
8. Matters concerning the calculation of expenses incurred in conducting projects and methods of procuring financial resources;
9. Other matters prescribed by Presidential Decree concerning the conservation and management of marine ecosystems.
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to formulate basic plans, go through deliberations
by the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development, after consulting
with the heads of the relevant central administrative agencies, the Metropolitan City Mayor, Do Governors, the Governors of a
Special Self-Governing Province (hereinafter referred to asMayors/Do Governors ) in advance. <Amended by
Act No. 8260, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9454, Feb. 6, 2009>
(4) The Minister of Land, Transport and Maritime Affairs may request the heads of the relevant central administrative agencies and
Mayors/Do Governors to submit data necessary for formulating basic plans. <Amended by Act No. 8852, Feb. 29, 2008>
(5) The Minister of Land, Transport and Maritime Affairs shall notify the heads of the relevant central administrative agencies and
Mayors/Do Governors of basic plans and publicly notify such plans. <Amended by Act No. 8852, Feb. 29, 2008>
(6) Mayors/Do Governors shall formulate detailed implementation plans on the conservation and management of marine ecosystems in areas
under their jurisdiction, according to basic plans, and report such plans to the Minister of Land, Transport and Maritime Affairs.
<Amended by Act No. 8852, Feb. 29, 2008>
(7) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors may change basic plans and detailed implementation
plans, when they deem that such plans need to be changed due to changes in natural or social conditions. In such cases, they shall
consult with the heads of the relevant central administrative agencies and Mayors/Do Governors in advance. <Amended by Act No.
8852, Feb. 29, 2008>
(8) The Minister of Land, Transport and Maritime Affairs may request Mayors/Do Governors to change detailed implementation plans,
when it is deemed necessary for the conservation and management of marine ecosystems. <Amended by Act No. 8852, Feb.
29, 2008>
(9) Paragraphs (3) and (6) shall apply mutatis mutandis to changes of basic plans: Provided, That this shall not apply to changes
to insignificant matters prescribed by Presidential Decree .
(10)The heads of the relevant central administrative agencies or Mayors/Do Governors shall preferentially consider basic plans, when
they authorize, permit, approve, license, decide on or designate development activities, etc.
(11)The Minister of Land, Transport and Maritime Affairs shall analyze and evaluate the outcomes of implementing basic plans on the
conservation and management of marine ecosystems on a regular basis every two years, and reflect such outcomes in polices on the
conservation and management of marine ecosystems. <Amended by Act No. 8852, Feb. 29, 2008>
(1) The Minister of Land, Transport and Maritime Affairs shall conduct a basic investigation into marine ecosystems nationwide every
ten years, in collaboration with the heads of the relevant central administrative agencies. <Amended by Act No. 8852, Feb. 29,
2008>
(2) The Minister of Land, Transport and Maritime Affairs may conduct an investigation into the marine ecosystems of regions and sea
areas classified as the first-class zone on a marine ecology map under Article 12 and regions and sea areas where it is especially
necessary to understand changes in marine ecosystems, every five years, in collaboration with the heads of the relevant central administrative
agencies. <Amended by Act No.
8852, Feb. 29, 2008>
(3) Necessary matters concerning the details and methods of investigations under paragraphs
(1) and (2) shall be prescribed by Presidential Decree.
(4) Mayors/Do Governors may conduct an investigation into marine ecosystems in areas under their jurisdiction, in accordance with
Municipal Ordinance of the relevant local governments, and shall report investigation plans and the outcomes of investigations to
the Minister of Land, Transport and Maritime Affairs, when they conduct an investigation. <Amended by Act No. 8852, Feb. 29,
2008>
Ecosystems)
(1) The Minister of Land, Transport and Maritime Affairs shall formulate and implement plans on detailed investigation of the relevant
marine ecosystems, when he/she deems that it is especially necessary to investigate and manage such marine ecosystems which
came to be newly understood as a result of an investigation under Article 10. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may conduct a supplementary investigation of regions and sea areas, where
changes in marine ecosystems due to natural or artificial factors are deemed to be obvious, from among regions and sea areas, the
investigation of which has been conducted under Article 10. <Amended by Act No.
8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs shall continue to observe changes in marine ecosystems due to natural or
artificial factors.
<Amended by Act No. 8852, Feb. 29, 2008>
(4) Mayors/Do governors may investigate and observe marine ecosystems in areas under their jurisdiction under paragraphs (1) and
(3), in accordance with the Municipal Ordinance of the relevant local governments.
(5) The items, details and methods of investigations under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry
of Land, Transport and Maritime Affairs.
<Amended by Act No. 8852, Feb. 29, 2008>
(1) The Minister of Land, Transport and Maritime Affairs shall draft a marine ecology map, which classifies the marine ecosystems
nationwide according to the following criteria, on the basis of the results of investigations and observation under Articles 10 and
11, so as to utilize such map for formulating basic plans and take into account such map in conducting development activities, etc.:
<Amended by Act No. 8852, Feb. 29, 2008>
1. First-class zone: Regions and sea areas falling under any of the following items:
(a) Regions and sea areas which become the major habitats, spawning areas and major migratory routes of marine organisms under protection;
(b) Regions and sea areas which have excellent marine ecosystems or magnificent marine landscape;
(c) Regions and sea areas which are located in geographical distribution limits of organisms or which represent the types of marine
vegetation;
(d) Regions and sea areas with especially diverse marine organisms, where marine biological resources worthy of preservation exist
and are distributed;
(e) Regions and sea areas which have a marine ecological value equivalent to items (a)
through (d), satisfying standards prescribed by Presidential Decree;
2. Second-class zone: Regions and sea areas equivalent to those falling under any item of
subparagraph 1, which are worthy of future preservation in terms of marine biological value, or regions and sea areas outside of the
first-class zone, which are necessary for protecting the first-class zone;
3. Third-class zone: Regions and sea areas to be developed or used, which are not classified as a first-class zone, second-class
zone or separately managed zone;
4. Separately managed zone: Regions of landscape value, which are prescribed by
Presidential Decree, from among areas conserved under other Acts.
(2) The Minister of Land, Transport and Maritime Affairs may, when he/she draws up a marine ecology map, request the heads of the
relevant central administrative agencies or the heads of local governments to cooperate in drawing such map, including the submission
of necessary data or the cooperation of specialized human resources, and the heads of the relevant central administrative agencies
or the heads of local governments shall comply with such requests, as prescribed by Presidential Decree, unless any unavoidable
ground exists in fulfilling military purposes. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Mayors/Do Governors may draw up a detailed marine ecology map in areas under their jurisdiction for the efficient conservation
and management of marine ecosystems, in consultation with the Minister of Land, Transport and Maritime Affairs, and necessary
matters concerning a marine ecology map shall be determined by the Municipal Ordinance of the relevant local governments. <Amended
by Act No. 8852, Feb. 29,
2008>
(4) The Minister of Land, Transport and Maritime Affairs shall, when he/she drafts a marine ecology map, consult with the heads of
the relevant central administrative agencies, after undergoing public perusal for not less than 14 days. <Amended by Act No. 8852,
Feb.
29, 2008>
(5) The Minister of Land, Transport and Maritime Affairs shall notify the heads of the relevant central administrative agencies and
the heads of the relevant local governments of a marine ecology map and publicly announce such map. <Amended by Act No. 8852,
Feb. 29, 2008>
(6) Standards and methods for drafting up marine ecology maps shall be prescribed by
Presidential Decree.
(1) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors may establish the Marine Ecology Research Institute
(hereinafter referred to as Research
Institute ), when it is necessary for investigations and observation under Articles 10 and
11 or other investigations of marine ecosystems. <Amended by Act No. 8852, Feb. 29,
2008>
(2) Qualifications for researchers and procedures for appointing researchers under paragraph (1) or other necessary matters shall
be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs or Municipal Ordinance of the relevant local
governments. <Amended by Act No. 8852, Feb. 29, 2008>
(1) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors may order public officials or researchers to conduct
an investigation or make an observation by entering public waters or land owned by another, or order them to change or remove trees,
soil, stones or other obstacles (hereinafter referred to asobstacles, etc. ) of such public waters or land, when necessary for investigations and observation under Articles
10 and 11. <Amended by Act No. 8852, Feb. 29, 2008>
(2) When public officials or researchers intend to change or remove obstacles, etc. under paragraph (1), they shall obtain the consent
of those who (hereinafter referred to as occupiers, users, etc. ) occupy and use, use, possess, occupy or manage public waters
or land: Provided, That when occupiers, users, etc. are not on site, or when it is impossible to obtain consent thereof due to incorrect
addresses, they shall post a notice on the bulletin board of a Eup/Myeon/Dong having jurisdiction over the relevant areas or publicly
announce such fact in daily newspapers, and when 14 days elapse after the date on which notification or announcement is made, they
shall be deemed to obtain consent.
(3) No occupier or user of public waters or land may refuse, obstruct or evade entrance, investigations or observation and the change
or removal of obstacles, etc. under paragraph (1) without any justifiable ground.
(4) Any one who intends to enter public waters or land owned by another under paragraph (1) shall carry a certificate indicating his/her
authority and show such certificate to the relevant person, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime
Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(1) The Minister of Land, Transport and Maritime Affairs shall take measures to maintain and manage marine primary production, in
consultation with the heads of the relevant central administrative agencies and Mayors/Do Governors. <Amended by Act No. 8852,
Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall conduct an investigation of necessary matters, including the actual
state, characteristics and influences, etc. of marine ecosystems by sea area, in advance, to maintain and manage marine primary production.
<Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs may request the relevant specialized institutions to conduct an investigation
under paragraph (2), for scientific and specialized investigations and measurement. <Amended by Act No. 8852, Feb. 29,
2008>
CHAPTER III PROTECTION OF MARINE ORGANISMS
(1) The State or local governments shall protect the habitats, spawning areas and migratory routes of migratory marine animals and
marine mammals.
(2) The State or local governments may establish exhibit halls and education or information centers for the conservation or management
of migratory marine animals and marine mammals, and subsidize expenses incurred in conducting research or investigations by the
relevant institutions or organizations in whole or in part.
(3) The Minister of Land, Transport and Maritime Affairs, the heads of the relevant central administrative agencies or the heads of
local governments may prohibit or restrict capturing, so as to conserve and manage the spawning or breeding environments of migratory
marine animals and marine mammals. <Amended by Act No. 8852, Feb. 29,
2008>
(4) Necessary matters concerning procedures or methods for supporting research and investigations of migratory marine animals and
marine mammals under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended
by Act No. 8852, Feb. 29, 2008>
(1) The Minister of Land, Transport and Maritime Affairs may designate institutions prescribed by Presidential Decree, including
zoos, as conservation institutions of marine organisms, other than habitats, (hereinafter referred to as conservation institutions
other
than habitats ), after listening to the opinions of the relevant central administrative agencies, where it is difficult to conserve
marine organisms in habitats or it is necessary to conserve marine organisms in places, other than habitats, for the conservation
of species: Provided, That he/she shall consult with the Administrator of the Cultural Heritage Administration, when he/she intends
to designate conservation institutions other than habitats, so as to conserve natural monuments designated under Article 6 of the
Cultural Heritage Protection Act in places other than habitats. <Amended by Act No.
8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may subsidize expenses incurred in conserving marine organisms in whole or
in part, when it is especially necessary to preserve marine organisms in conservation institutions other than habitats. <Amended
by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs may revoke the designation, when conservation institutions other than habitats
fall under any of the following subparagraphs: Provided, That he/she shall revoke designation, when conservation institutions other
than habitats fall under subparagraph 1: <Amended by Act No. 8852, Feb. 29, 2008>
1. When they are designated as conservation institutions other than habitats, by fraud or other wrongful means;
2. When they capture migratory marine animals and marine mammals, in violation of prohibitions and restrictions under Article 16
(3);
3. When they fall under any of the following items, in violation of Article 20 (1):
(a) When they capture, collect or damage marine organisms under protection, without permission;
(b) When they install explosives, nets or fishing gear or use harmful materials (referring to harmful materials under subparagraph
3 of Article 2 of the Toxic Chemicals Control Act; hereinafter the same shall apply) or electric currents, so as to capture or damage
marine organisms under protection;
4. When they import or bring in marine organisms, the capture of which is prohibited or restricted, without permission, or export,
import, ship out or bring in marine organisms under protection, in violation of Article 42 (1) 1 and 2.
(4) Necessary matters concerning procedures for designating conservation institutions other than habitats, or the operation thereof
shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(1) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors shall take necessary measures to rescue or treat
marine animals in distress or wounded, such as the establishment and operation of facilities for rescuing and treating marine animals.
<Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors may designate the relevant institutions or organizations
as institutions specialized in rescuing and treating marine animals, for the rescue and treatment of marine animals. <Amended
by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors may subsidize expenses incurred in rescuing and treating
marine animals in whole or in part, for institutions specialized in rescuing and treating marine animals designated under paragraph
(2). <Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors may revoke the designation, when institutions specialized
in rescuing and treating marine animals fall under any of the following subparagraphs: Provided, That he/she shall revoke the
designation, when institutions specialized in rescuing and treating marine animals fall under subparagraph 1: <Amended by Act
No. 8852, Feb. 29, 2008>
1. When they are designated as institutions specialized in rescuing and treating marine animals by fraud or other wrongful means;
2. When they refuse to rescue or treat marine animals in distress or wounded for not less than three times without any extraordinary
ground;
3. When they abuse marine animals;
4. When they acquire, transfer, take over, transport, keep or offer marine organisms under protection, which have been captured in
an illegal manner, and processed goods made of such marine organisms, in violation of Article 20.
(5) Necessary matters concerning procedures for designating institutions specialized in rescuing and treating marine animals and
subsidies for expenses incurred in rescuing and treating marine animals under paragraphs (2) and (3) shall be prescribed by Ordinance
of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb.
29, 2008>
(1) The Minister of Land, Transport and Maritime Affairs may take measures to conserve marine organisms under protection, as prescribed
by Presidential Decree, and implement
such measures, in collaboration with the heads of the relevant central administrative agencies and Mayors/Do Governors, or request
the heads of the relevant central administrative agencies and Mayors/Do Governors to implement such measures.
<Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall take measures to protect the habitats, etc. of marine organisms under
protection and take necessary measures, such as increasing or restoring species, when he/she deems that it is difficult for the
current populations to continue to survive in nature and it is especially necessary to take measures to protect species. <Amended
by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs may request for cooperation from the heads of the relevant central administrative
agencies or Mayors/Do Governors, when necessary for protecting, increasing or restoring marine organisms under protection.
<Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister of Land, Transport and Maritime Affairs, the heads of the relevant central administrative agencies or Mayors/Do Governors
may recommend appropriate methods of using public waters or land to the occupiers and users of the public waters or land, as prescribed
by Presidential Decree, when they deem that it is necessary for protecting marine organisms under protection. <Amended by Act
No. 8852, Feb. 29, 2008>
(5) The Minister of Land, Transport and Maritime Affairs may provide support necessary for following recommendations to the occupiers
and users of the public waters or land, within budget limits. <Amended by Act No. 8852, Feb. 29, 2008>
(1) No one shall capture, collect, transplant, process, distribute, store (including dead marine organisms in cases of process, distribution
or storage) or damage (hereinafter referred to ascapture or collection, etc. ) marine organisms under protection, and shall install explosives, nets or fishing gear or use harmful
materials or electric currents, so as to capture or damage marine organisms under protection: Provided, That marine organisms under
protection may be captured or collected, with permission from the Minister of Land, Transport and Maritime Affairs, in any of the
following cases: <Amended by Act No. 8852, Feb. 29, 2008>
1. When anyone intends to use marine organisms, so as to protect, increase, or restore marine organisms under protection or conduct
academic research;
2. When anyone intends to use marine organisms for viewing or exhibition in facilities
for conserving or using marine ecosystems established under Article 43;
3. When it is necessary for preventing damage to cultured fish species or fishery products;
4. When it is inevitable to conserve marine organisms under protection by moving or transplanting them, so as to perform the public
works under Article 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor or conduct projects
which receive authorization, permission or approval (hereinafter referred to as authorization or permission, etc. ) under Acts and
subordinate statutes;
5. When anyone exports, imports, ships out or brings in artificially proliferated marine organisms, as prescribed by Presidential
Decree;
6. Other cases determined by Ordinance of the Ministry of Land, Transport and Maritime
Affairs, unless the protection of marine organism is interrupted.
(2) When anyone obtains permission under Article 19 of the Protection of Wild Fauna and Flora Act, he/she shall be deemed to have
obtained permission of the Minister of Land, Transport and Maritime Affairs under the proviso to paragraph (1). <Amended by
Act No. 8852, Feb. 29, 2008>
(3) The provisions of paragraph (1) shall not apply in cases falling under any of the following subparagraphs: <Amended by Act
No. 8852, Feb. 29, 2008>
1. When anyone captures marine organisms, for fear that they are likely to cause urgent harm to human;
2. When anyone captures marine organisms, as it is urgent to rescue and treat marine animals in distress or wounded;
3. When it is inevitable for anyone to incidentally catch marine organisms due to fishing activities, and such catch is reported to
the Minister of Land, Transport and Maritime Affairs within three months;
4. When conservation institutions, other than habitats, receive authorization or permission for capture or collection under the relevant
Acts and subordinate statutes;
5. When matters are permitted under Article 20 of the Cultural Heritage Protection Act;
6. When marine organisms fall under wild animals or plants in danger of extinction under subparagraph 2 of Article 2 of the Protection
of Wild Fauna and Flora Act.
(4) Any one who intends to capture or collect marine organisms under protection, after obtaining permission under the proviso to
paragraph (1), shall carry a certificate of permission, and when any one captures or collects marine organisms under protection,
he/she shall report the results of capture or collection to the Minister of Land, Transport and Maritime Affairs, as prescribed by
Ordinance of the Ministry of Land, Transport and
Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(5) Where specific marine organisms are designated as marine organisms under protection, anyone who has continued to keep the relevant
marine organisms shall make a report to the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry
of Land, Transport and Maritime Affairs, within one year. <Amended by Act No. 8852, Feb. 29, 2008>
(6) Necessary matters concerning standards and procedures for permission and the issuance of certificates of permission under the
proviso to paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by
Act No. 8852, Feb. 29, 2008>
(1) When anyone who obtains permission under the proviso to Article 20 (1), falls under any of the following subparagraphs, the Minister
of Land, Transport and Maritime Affairs may revoke such permission: Provided, That when anyone falls under subparagraph 1, he/she
shall revoke such permission: <Amended by Act No. 8852, Feb. 29, 2008>
1. When anyone obtains permission by fraud or other wrongful means;
2. When anyone violates permitted matters in capturing or collecting marine organisms under protection.
(2) Anyone whose permission is revoked under paragraph (1), shall return a certificate of permission to the Minister of Land, Transport
and Maritime Affairs, within seven days after the date on which such revocation is made. <Amended by Act No. 8852, Feb. 29,
2008>
Protection)
No one shall place an advertisement which is likely to promote the extinction or decrease of marine organisms under protection or provoke the abuse of marine organisms under protection: Provided, That this shall not apply to cases where he/she receives authorization or permission, etc. under other Acts.
(1) No one shall bring organisms disturbing marine ecosystems into marine systems and increase their habitats or numbers.
(2) Anyone who intends to import or bring in organisms disturbing marine ecosystems, shall
obtain permission from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport
and Maritime Affairs: Provided, That genetically modified organisms under Article 2 of the Transboundary Movement, etc. of Living
Modified Organisms Act, among organisms disturbing marine ecosystems, shall be governed by the Act. <Amended by Act No. 8762,
Dec. 21, 2007; Act No. 8852, Feb. 29, 2008>
(3) When organisms disturbing marine ecosystems disturb or damage the balance of marine ecosystems, the Minister of Land, Transport
and Maritime Affairs shall establish measures through investigation, and request the heads of relevant central administrative agencies
or the heads of local governments to take relevant measures. In such cases, the Minister of Land, Transport and Maritime Affairs
may permit the capture or collection of organisms disturbing marine ecosystems, notwithstanding restriction on acts in protected
marine areas under Article 27 (1). <Amended by Act No. 8852, Feb. 29, 2008>
The Minister of Land, Transport and Maritime Affairs shall manage harmful marine organisms, by taking into account damage caused by harmful marine organisms to fishery industries and the types or numbers of harmful marine organisms, and endeavor to ensure that marine ecosystems are not disturbed due to inordinate capture or collection. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER IV DESIGNATION AND MANAGEMENT OF PROTECTED MARINE AREAS
(1) The Minister of Land, Transport and Maritime Affairs may designate areas, the marine ecosystems or marine landscape of which need
to be especially protected, falling under any of the following subparagraphs, as protected marine areas and manage such areas:
<Amended by Act No. 8852, Feb. 29, 2008>
1. Sea areas where marine ecosystems maintain primitiveness or sea areas worthy of being preserved or of being the subject matter
of academic research thanks to diverse marine organisms;
2. Areas which need academic research or preservation, due to unusual topography, geological features or ecology of the sea;
3. Sea areas which are worthy of being preserved as the habitats or spawning areas of marine organisms under protection or sea areas
which have high primary production capacity;
4. Sea areas which may represent diverse marine ecosystems or are equivalent to examples thereof;
5. Sea areas which are worthy of special conservation, due to beautiful submarine landscape, including coral reefs and seaweeds,
or marine landscape;
6. Sea areas prescribed by Presidential Decree, which are especially necessary for the effective conservation and management of marine
ecosystems.
(2) Protected marine areas under paragraph (1) may be designated and managed, after protected marine areas are classified into the
following sub-areas, according to the characteristics of marine ecosystems:
1. Areas for protecting marine organisms: Areas needed to protect marine organisms;
2. Areas for protecting marine ecosystems: Areas which have excellent marine ecosystems or diverse marine organisms or areas, the
vulnerable ecosystems of which are unlikely to be restored, if damaged;
3. Areas for protecting marine landscape: Areas which have excellent marine landscape, as the topography, geological features and
biota of the seaside or in the sea achieve harmony with marine ecosystems.
(3) The Minister of Land, Transport and Maritime Affairs may alter or cancel the designation of protected marine areas, when such
areas lose the value of protected marine areas under paragraph (1) or do not need to be conserved, due to military purposes, natural
disasters or other grounds. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Necessary matters for the designation or management of protected marine areas under paragraphs (1) through (3) shall be determined
by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(1) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to designate or alter protected marine areas,
draft a topographic map (including a marine chart) determined by Presidential Decree in a written plan on designation, including
the following matters, and undergo consultations with the heads of the relevant central administrative agencies and deliberations
of the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development, after listening to
the opinions of the relevant local residents, interested persons and the heads of local
governments in advance: Provided, That when insignificant matters prescribed by Presidential Decree are revised, deliberations of
the Marine Fishery Development Committee may be omitted: <Amended by Act No. 8260, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008;
Act No. 9454, Feb. 6, 2009>
1. Grounds and purposes of designation or alteration;
2. Current status and characteristics of major marine ecosystems;
3. Specific use zone or current status of using land in designated areas and adjacent land;
4. Classification of protected marine areas and measures to manage such areas;
5. Current status of a fishing right and a mining right and drawings;
6. Current status of regulated areas under Acts and subordinate statues.
(2) The heads of local governments or the heads of the relevant central administrative agencies shall, upon receiving requests for
opinions or consultations under paragraph (1), shall present their opinions to the Minister of Land, Transport and Maritime Affairs
within 30 days after the date on which they receive such requests, unless any extraordinary ground exists. <Amended by Act No.
8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she designates, alters or cancels protected marine areas,
publicly notify the details of designation, alteration or cancellation in the official gazette, without delay, as prescribed by
Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(1) No one shall commit any act falling under any of the following subparagraphs in protected marine areas: Provided, That when park
areas designated under the Natural Parks Act or cultural heritage (including protected areas) under the Cultural Heritage Protection
Act are included in protected marine areas, the provisions of the Natural Parks Act or Cultural Heritage Protection Act shall apply:
<Amended by Act No. 8852, Feb.
29, 2008; Act No. 10676, May 19, 2011>
1. Capturing, collecting, transplanting, or damaging marine organisms prescribed by Ordinance of the Ministry of Land, Transport
and Maritime Affairs, among marine organisms which do not fall under marine organisms under protection, or installing explosives,
nets or fishing gear or using harmful materials or electric currents, so as to capture or damage marine organisms in protected marine
areas;
2. Newly constructing or extending buildings or other structures (limited to cases where buildings are extended on not less than two
occasions the size of the total ground area
at the time of designation of protected marine areas);
3. Changing the structure of public waters, or increasing or decreasing the water level or quantity of the sea water;
4. Changing the quality of public waters or land;
5. Collecting the sea sand, quartz sand, soil and stones;
6. Throwing away specific substances harmful to the quality of water under subparagraph
8 of Article 2 of the Water Quality and Ecosystem Conservation Act, or wastes or harmful materials under subparagraph 1 of Article
2 of the Wastes Control Act;
7. Damaging, destroying or relocating notices concerning the conservation and management of marine ecosystems or other landmarks;
8. Other acts prescribed by Presidential Decree as deemed to be harmful to marine ecosystems.
(2) In cases falling under any of the following subparagraphs, the provisions of paragraph (1)
shall not apply: <Amended by Act No. 8377, Apr. 11, 2007; No. 8852, Feb. 29, 2008>
1. When it is necessary for military purposes;
2. When it is necessary to take urgent measures to cope with natural disasters or other disasters prescribed by Presidential Decree;
3. Acts falling under paragraph (1) 2 through 5, which are necessary for maintaining or improving the unique life styles of residents
in marine protected areas or adjacent areas (hereinafter referred to asadjacent areas ) which may pollute or affect protected
marine areas, or acts for maintaining the existing farming or fishing activities, which
are prescribed by Presidential Decree;
4. Acts or related facilities for conducting an investigation into marine ecosystems, or academic investigation or research, which
are deemed to cause no harm to the conservation of the relevant protected marine areas and permitted by the Minister of Land, Transport
and Maritime Affairs;
5. Where the heads of the relevant administrative agencies are directly engaged in development activities under other Acts and subordinate
statues, or where the authorization or permission of the relevant administrative agencies are given. In such cases, the heads of
the relevant administrative agencies shall consult with the Minister of Land, Transport and Maritime Affairs in advance;
6. Projects for rearranging the basis of agricultural production under subparagraph 5 of Article 2 of the Rearrangement of Agricultural
and Fishing Villages Act and complex projects for the development of fishing villages under subparagraph 2 of Article 2 of the Fishing
Villages and Fishery Harbors Act, which implement matters included in a
basic management plan for protected marine areas under Article 28 of this Act;
7. When the Minister of Land, Transport and Maritime Affairs commit acts prescribed by Presidential Decree or establish necessary
facilities, so as to protect and manage protected marine areas;
8. When facilities prescribed by Presidential Decree, including facilities for experiencing ecosystems, are established in areas for
protecting marine landscape under Article 25 (2) 3.
(3) No act falling under paragraph (1) 1 shall be committed against marine organisms in any area for protecting marine organisms under
Article 25 (2) 1, notwithstanding the proviso to paragraph (1).
(4) Any one may capture or collect marine organisms in areas protecting marine landscape under Article 25 (2) 3, unless it damages
marine landscape, which serves as a ground for the designation of areas for protecting marine landscape, notwithstanding paragraph
(1).
(5) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors may restrict development activities prescribed by
Presidential Decree or fishing activities in protected marine areas, notwithstanding paragraph (2) 3, when it is inevitable to protect
marine organisms under protection or it is especially necessary to conserve and manage vulnerable marine ecosystems. <Amended
by Act No. 8852, Feb. 29, 2008; Act No.
10676 May 10, 2011>
The Minister of Land, Transport and Maritime Affairs shall formulate and implement basic management plans of protected marine areas,
including the following matters, after consulting with the heads of the relevant central administrative agencies and the heads of
local governments: <Amended by Act No. 8852, Feb. 29, 2008>
1. Conservation and management of marine ecosystems and marine biological diversity;
2. Special management of areas for protecting marine organisms, areas for protecting marine ecosystems and areas for protecting marine
landscape under each subparagraph of Article
25 (2);
3. Improvement of the life quality of residents in protected marine areas and adjacent areas and the protection of interests of interested
persons;
4. Matters which contribute to the development of local community through the conservation and management of marine ecosystems.
(1) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to designate or alter protected marine areas,
investigate and measure matters, in advance, necessary for designation or alteration thereof, such as the current status, characteristics
and topography of marine ecosystems. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may request the relevant specialized institutions to conduct investigations
or take measurements under paragraph (1), for scientific and specialized investigation and measurements. <Amended by Act No.
8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs may request the heads of the relevant central administrative agencies or
the heads of local governments to submit data necessary for designating protected marine areas. In such cases, the heads of the relevant
central administrative agencies or the heads of local governments shall comply with such requests, unless there exists any extraordinary
grounds to the contrary. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors shall continue to observe the current status of marine
ecosystems and inhabitation of marine organisms in protected marine areas. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10676
May, 19, 2011>
The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors may order any person who commits acts violating the provisions
of Article 27 (1), (3) and (5) in protected marine areas, to suspend the relevant acts or restore protected marine areas by fixing
a considerable period: Provided, That when it is difficult to restore protected marine areas, he/she may give an order to take measures
equivalent thereto, including the creation of alternative nature. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10676 May,
19,
2011>
(1) The Minister of Land, Transport and Maritime Affairs may designate regions or sea areas falling under any of the subparagraphs
of Article 25 (1), which are deemed to need urgent protection for fear of significant damage to marine ecosystems, as urgent protected
marine areas, after listening to the opinions of the heads of the relevant central administrative agencies or the heads of local
governments. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she designates urgent protected marine areas under paragraph
(1), announce such fact and notify the heads of the relevant central administrative agencies or the heads of local governments of
such fact. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs may, when he/she designates urgent protected marine areas under paragraph
(1), request the heads of the relevant administrative agencies to supplement plans with regard to authorization or permission for
plans or projects which are likely to transform marine ecosystems, adjust implementation periods, change implementation methods
or reserve authorization or permission. <Amended by Act No. 8852, Feb. 29, 2008>
(4) When any ground for designating urgent protected marine areas under paragraph (1) disappears, the Minister of Land, Transport
and Maritime Affairs shall cancel such designation without delay and publicly notify such fact. <Amended by Act No. 8852, Feb.
29, 2008>
(5) When the relevant areas are not designated as protected marine areas within one year after the date on which such areas are designated
and publicly notified as urgent protected marine areas under paragraph (1), the designation of urgent protected marine areas shall
be deemed to have been cancelled.
(1) When land, public waters, structures or other articles settled in the relevant land in protected marine areas, or in regions
or sea areas (hereinafter referred to land, etc. ), which need to be designated as protected marine areas due to excellent ecological value, are not necessary for military
purposes or the purposes of protecting cultural heritage, the Minister of Land, Transport and Maritime Affairs may request for administrative
conversion under subparagraph 5 of Article 2 of the State Property Act from the heads of central administrative agencies who have
authority to manage the relevant land, etc., such as the Minister of National Defense: Provided, That this shall not apply to land
under Articles 20 and 20-2 of the Act on Special Measures for Readjustment of Requisitioned Properties or Articles 2 and 3 of the
Act on Special Measures for Readjustment of Expropriated or Used Lands under the Decree on Special Measures for Expropriation or
Uses of Lands in Areas to be Mobilized pursuant to the Provisions of Article 5 (4) of the Act on Special Measures for National Integrity.
<Amended by Act No. 8852, Feb. 29,
2008, Act No. 9401, Jan. 30, 2009>
(2) The Minister of Land, Transport and Maritime Affairs may conduct an investigation into
land, etc., in consultation with the heads of the relevant central administrative agencies, including the Minister of National Defense
and the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree, so as to select land, etc.
subject to administrative conversion under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008, Act No. 9401, Jan. 30, 2009;
Act No. 10676 May,
19, 2011>
(1) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors may purchase land, etc., in consultation with owners,
when necessary for the conservation and management of marine ecosystems in protected marine areas. <Amended by Act No.
8852, Feb. 29, 2008; Act No. 10676 May, 19, 2011>
(2) Purchase prices of land, etc. under paragraph (1) shall depend on prices calculated under the Act on the Acquisition of Land,
etc. for Public Works and the Compensation therefor.
<Amended by Act No. 10676 May, 19, 2011>
(1) The Minister of Land, Transport and Maritime Affairs may conduct the following projects in protected marine areas or adjacent
areas: <Amended by Act No. 8852, Feb.
29, 2008>
1. Projects for collecting marine wastes;
2. Projects for facilities aimed at reducing marine pollution;
3. Other projects for supporting residents in protected marine areas and adjacent areas.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she designates each protected marine area under Article 25,
preferentially take and implement measures to support public facilities for residents in the relevant protected marine area and
adjacent areas, establish convenience facilities and increase incomes of residents. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs or the heads of local governments may use parts of protected marine areas
and adjacent areas as places for visiting marine ecosystems or recreation, etc. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Types, procedures and methods of support in protected marine areas and adjacent areas shall be prescribed by Presidential Decree.
(1) The Minister of Land, Transport and Maritime Affairs shall endeavor to ensure that residents in protected marine areas and adjacent
areas can preferentially use protected marine areas, in consultation with the heads of the relevant central administrative agencies
and the heads of local governments: Provided, That when interested persons exist, this shall be limited to cases where consensus
is reached with the interested persons. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Local residents who use protected marine areas under paragraph (1) shall endeavor to protect protected marine areas.
(1) Mayors/Do Governors may designate regions or sea areas, which need to be conserved like protected marine areas, as City/Do protected
marine areas and manage such areas.
(2) Mayors/Do Governors shall, when they intend to designate City/Do protected marine areas, listen to the opinions of interested
persons and consult with the heads of the relevant central administrative agencies, as prescribed by Presidential Decree. This shall
apply to cases where the designation of City/Do protected marine areas is altered or cancelled.
(3) When it is necessary to conserve and manage marine ecosystems representing the relevant regions, the Minister of Land, Transport
and Maritime Affairs may recommend Mayors/Do Governors to designate regions or sea areas, to which the relevant ecosystems belong,
as City/Do protected marine areas and manage such areas. <Amended by Act No.
8852, Feb. 29, 2008>
(4) Mayors/Do Governors shall, when they designate City/Do protected marine areas under paragraph (1), publicly notify the location,
size, date of designation of the relevant areas or other matters determined by the Municipal Ordinance of the relevant local governments.
The same shall apply to cases where the designation of City/Do protected marine areas is altered or cancelled.
(5) Mayors/Do Governors may take necessary measures to conserve City/Do protected marine areas, such as restrictions on the capture
and collection of marine organisms, as prescribed by Municipal Ordinance of the relevant local governments, in accordance with Articles
25 (2) and (3), 27 through 29 and 34 through 35. <Amended by Act No. 10676, May 19,
2011>
When the State or local governments intend to conduct development activities, etc. or grant authorization or permission concerning development activities, etc. in City/Do protected marine areas under other Acts and subordinate statues, the heads of the competent administrative agencies shall consult with Mayors/Do Governors who are in charge of City/Do protected marine areas.
CHAPTER V CONSERVATION OF MARINE BIOLOGICAL DIVERSITY
International Cooperation)
(1) The State shall formulate and implement measures to conserve marine biological diversity, including the following matters, as
prescribed by Presidential Decree, for the conservation of marine biological diversity, the sustainable use of components thereof,
the appropriate management of marine biological resources and the implementation of international agreements for the conservation
and management of marine ecosystems, to which the State has acceded (including the Convention on Biological Diversity, the Convention
on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance
Especially as Waterfowl Habitat):
1. Conserving the components of marine biological diversity in habitats and places other than habitats;
2. Promoting and supporting projects for protecting and increasing marine biological resources;
3. Securing specialized human resources and facilities for the operation of facilities for conserving marine biological resources
and the research of marine biological diversity;
4. Developing technology for the conservation and management of marine biological resources;
5. Evaluating impacts of mutated organisms in biotechnology on marine ecosystems, when such organisms are introduced into marine
ecosystems;
6. Other matters prescribed by Presidential Decree, which are deemed to be necessary for implementing international agreements for
the conservation and management of marine ecosystems.
(2) The State shall endeavor to exchange technology and information for the conservation
and management of marine ecosystems, in cooperation with international organizations and related nations, ensure that knowledge concerning
the conservation of marine biological diversity and sustainable use of components of marine biological diversity are easily acquired
and transferred, in collaboration with countries directly involved in international agreements for the conservation and management
of marine ecosystems and cooperate with each other, with regard to the management of marine biotechnology and the distribution of
profits thereof.
(1) The State shall conduct a research and develop technology concerning the structure, functions, research and restoration of marine
ecosystems, the classification of marine organisms and the conservation of components of marine biological diversity in habitats
and places other than habitats.
(2) The State shall conduct a necessary investigation into the distribution and trends of components of marine biological diversity
which need separate measures for conservation or which has social, economic, cultural and scientific value, and development activities
which may have negative influences on the conservation of marine biological diversity and the sustainable use of components of
marine biological diversity, so as to contribute to the conservation of marine biological diversity and the sustainable use of components
of marine biological diversity: Provided, That this shall not apply to cases where investigations under Articles 10 and 11 may
substitute the aforementioned investigation.
(3) The State shall analyze, evaluate and record the outcomes of investigations into the components of marine biological diversity
under paragraph (2), manage such information in a systematic manner and reflect such information in measures to conserve marine
biological diversity under Article 38 (1), to ensure that such information can be used for the conservation of marine biological
resources in an appropriate manner.
(4) Subjects and methods of investigations under paragraph (2) shall be prescribed by
Presidential Decree.
Resources)
(1) The State or local governments may establish and operate the Institute of Marine
Biological Resources, for the efficient conservation of marine biological resources.
(2) When the State or local governments establish the Institute of Marine Biological
Resources under paragraph (1), the Institute of Marine Biological Resources shall have experts in the classification and conservation
of biological resources, for the efficient operation and management thereof.
(3) Necessary matters concerning the establishment and operation of the Institute of Marine
Biological Resources shall be prescribed by Presidential Decree.
(1) The Minister of Land, Transport and Maritime Affairs may conclude a contract (hereinafter referred to ascontract on the management of marine biological diversity ) on the alteration of methods of capture or collection, a reduction in
the use of chemical substances, the creation of wetlands and methods of managing public waters, with occupiers and users of public
waters or land, or recommend the heads of the relevant central administrative agencies or the heads of local governments to conclude
a contract on the management of marine biological diversity, for the conservation of the following regions or sea areas: <Amended
by Act No. 8852, Feb. 29, 2008>
1. Regions necessary for protecting marine organisms;
2. Sea areas, the marine biological diversity of which needs to be improved;
3. Sea areas with distinct or excellent marine biological diversity
(2) When the Minister of Land, Transport and Maritime Affairs, the heads of the relevant central administrative agencies or the heads
of local governments conclude a contract on the management of marine biological diversity, they shall reimburse actual expenses to
any person whose profits from the relevant public waters or land are reduced due to the implementation of such contract, in accordance
with standards prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) When any party to a contract on the management of marine biological diversity intends to terminate a contract, he/she shall notify
the other parties to a contract of such fact three months before the termination of such contract.
(4) Necessary matters concerning the conclusion of a contract on the management of marine biological diversity shall be prescribed
by Presidential Decree.
(1) Any one shall obtain permission of the Minister of Land, Transport and Maritime Affairs in cases falling under any of the following
subparagraphs, in an effort to prevent damage to marine ecosystems and conserve marine biological diversity: Provided, That when
any one obtains permission or approval under Article 21 of the Cultural Heritage Protection
Act and Articles 21 and 41 of the Protection of Wild Fauna and Flora Act, he/she shall be deemed to obtain permission of the Minister
of Land, Transport and Maritime Affairs:
<Amended by Act No. 8852, Feb. 29, 2008>
1. When any one imports or brings in marine animals (including processed products), the capture of which is prohibited or restricted
under Article 6 (3), from foreign nations;
2. When any one exports, imports, ships out or brings in marine organisms under protection (including easily recognizable parts,
derivatives and processed products), the capture or collection of which is restricted under Article 20 (1);
3. When any one exports, imports, ships out or brings in species determined by Ordinance of the Ministry of Land, Transport and Maritime
Affairs, as likely to significantly affect the conservation, management and sustainable use of marine ecosystems and marine biological
resources.
(2) The Minister of Land, Transport and Maritime Affairs may specify or restrict the methods, quantities or regions of imports or
shipments and business owners, etc. under paragraph (1), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime
Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) When any person who obtains permission under the main sentence of paragraph (1), falls under any of the following subparagraphs,
the Minister of Land, Transport and Maritime Affairs may revoke such permission: Provided, That when any one falls under subparagraph
1, he/she shall revoke such permission: <Amended by Act No. 8852, Feb.
29, 2008>
1. When any one obtains permission by fraud or other wrongful means;
2. When any one violates permitted matters, in exporting, importing, shipping out or bringing in marine animals, etc. under any subparagraph
of paragraph (1).
CHAPTER VI MANAGEMENT OF MARINE ASSETS
Using Marine Ecosystems)
(1) The Minister of Land, Transport and Maritime Affairs, the heads of the relevant central administrative agencies or the heads of
local governments may establish and operate the following facilities (hereinafter referred to asfacilities for conserving and using marine ecosystems ), for the conservation and management of marine ecosystems or the sound use
of the sea: <Amended by Act No. 8852, Feb. 29, 2008>
1. Facilities for conserving and managing marine ecosystems or preventing damage to marine ecosystems;
2. Information facilities for the conservation and management of marine ecosystems and facilities for using marine ecosystems, such
as a wooden bridge for observing natural ecosystems;
3. Educational facilities, PR facilities or management facilities for conserving and using marine ecosystems, such as facilities for
observing marine ecosystems, the institute for conservation of marine ecosystems and a marine ecosystem learning institute;
4. Facilities for conserving and restoring ecosystems in protected marine areas and
City/Do protected marine areas;
5. Facilities for conserving and restoring landscape in areas for protecting marine landscapes;
6. Other facilities for protecting marine assets.
(2) The Minister of Land, Transport and Maritime Affairs, the heads of the relevant central administrative agencies or the heads of
local governments shall, when they intend to establish or operate facilities for conserving and using marine ecosystems under paragraph
(1), formulate plans on the establishment of such facilities and publicly notify such plans, as prescribed by Ordinance of the Ministry
of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs, the heads of the relevant central administrative agencies or the heads of
local governments may collect charges from persons who use facilities for conserving and using marine ecosystems established under
paragraph (1), by taking into account expenses incurred in maintenance and management thereof: Provided, That park areas designated
under the Natural Parks Acts shall be governed by the Natural Parks Acts. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Necessary matters concerning procedures for collecting charges under paragraph (3) and exemption therefrom shall be prescribed
by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(1) The heads of local governments may designate places of high ecological and landscape values, which are suitable for visiting marine
ecosystems and giving an education on marine ecosystems, from among regions which are not designated as parks or a tourist complex
under other Acts, as seaside rest areas, as prescribed by Presidential Decree. In such cases, they shall obtain the consent of owners
of privately-owned land.
(2) The heads of local governments may collect charges from persons who use the seaside rest areas under the Municipal Ordinance,
by taking into account expenses incurred in maintenance and management thereof, for the efficient management of seaside rest areas
designated under paragraph (1): Provided, That this shall not apply to cases where such areas are designated as parks or a tourist
complex under other Acts, after they are designated as seaside rest areas.
(3) Management of seaside rest areas under paragraphs (1) and (2) and other necessary matters shall be determined by Municipal Ordinance
of the relevant local governments.
(1) The Minister of Land, Transport and Maritime Affairs, the heads of the relevant central administrative agencies or the heads of
local governments shall endeavor to ensure that major landscape factors beside the seaside of high landscape value and under the
sea are not damaged or visibility is not blocked. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The heads of local governments shall take necessary measures to preserve marine landscape, in conducting development activities,
etc., under the Municipal Ordinance.
(3) The Minister of Land, Transport and Maritime Affairs may draw up guidelines necessary for preserving marine landscapes and notify
the heads of the relevant administrative agencies and the heads of local governments of such guidelines. <Amended by Act No.
8852, Feb. 29, 2008>
(1) The Minister of Land, Transport and Maritime Affairs or the heads of local governments shall take necessary measures to ensure
that marine ecosystems of high ecological value are not damaged, in conducting development activities, etc. <Amended by Act No.
8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may take measures to conserve and manage the relevant marine ecosystems
and implement such measures, in cooperation with the heads of the relevant central administrative agencies and the heads of local
governments in the following cases: <Amended by Act No. 8852, Feb. 29, 2008>
1. When the major habitats or spawning areas of marine organisms under protection are destroyed or damaged, which endangers the existence
of species;
2. When the parts of marine ecosystems maintaining primitiveness or vulnerable marine ecosystems are destroyed, damaged or disturbed;
3. When nature of high-level marine biological diversity or unique nature is damaged;
4. Other regions prescribed by Presidential Decree as necessary for the protection of marine ecosystems, such as seaside and habitats.
(3) The Minister of Land, Transport and Maritime Affairs or the heads of local governments shall formulate and implement necessary
measures to restore damaged marine ecosystems. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister of Land, Transport and Maritime Affairs may request the heads of the relevant central administrative agencies or
the heads of local governments, who formulate or finalize business plans for development activities, etc. or who grant permission
for development activities, etc., to formulate and implement measure to restore marine ecosystems. <Amended by Act No. 8852,
Feb. 29, 2008>
(5) The Minister of Land, Transport and Maritime Affairs shall formulate and implement necessary policies to conserve or restore
marine ecosystems, such as the development of technology to restore marine ecosystems, or support for projects to restore marine
ecosystems and institutions specializing in restoring marine ecosystems. <Amended by Act No. 8852, Feb. 29, 2008>
The Minister of Land, Transport and Maritime Affairs or the heads of local governments may restrict changes in the shape and quality
of public waters, or entry, cooking and camping, as prescribed by Presidential Decree, in the following cases, so as to prevent damage
to ecological or landscape value in public waters: <Amended by Act No. 8852, Feb.
29, 2008>
1. When marine ecosystems are significantly damaged or a decrease in marine biological resources is remarkable in public places,
such as a beach or mud flat;
2. Regions or sea areas equivalent to those falling under subparagraph 1, which meet standards prescribed by Presidential Decree.
(1) The Minister of Land, Transport and Maritime Affairs may support local governments, tourist business operators and private organizations
for the conservation and management of marine ecosystems, in consultation with the Minister of Culture, Sports and Tourism, so as
to support ecologically sound and environmentally friendly tourism (hereinafter referred to marine ecological tourism ). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10676, May 19, 2011>
(2) The Minister of Land, Transport and Maritime Affairs may, in consultation with the
Minister of Culture, Sports and Tourism and heads of local governments, formulate and implement plans on education programs necessary
for marine ecological tourism, the investigation and discovery of marine ecological tourism resources and the establishment and management
of facilities for the sound use of marine ecological tourism resources by nationals, or recommend the heads of local governments
to formulate and implement plans. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10676, May 19, 2011>
CHAPTER VII SUPPLEMENTARY PROVISIONS
(1) The Minister of Land, Transport and Maritime Affairs shall impose and collect the marine ecosystem conservation levy from any
person who conducts development projects which remarkably affect marine ecosystems or reduce marine biological diversity. <Amended
by Act No. 8852, Feb. 29, 2008>
(2) The following projects are the subjects of marine ecosystem conservation levy under paragraph (1): <Amended by Act No. 9037,
Mar. 28, 2008; Act No. 9982, Jan. 27, 2010; Act No. 10676, May 19, 2011>
1. Development projects conducted in public waters, from among projects subject to impact assessment under Article 4 of the Environmental
Impact Assessment Act;
2. Projects for prospecting and mining in public waters, the size of which is not less than a size prescribed by Presidential Decree,
among mining industry under subparagraph 2 of Article 3 of the Mining Industry Act;
3. Collection of not less than 500,000 cubic meters of marine aggregate under Article 22 of the Aggregate Collection Act among projects
subject to the sea area utilization assessment in accordance with Article 85 of the Marine Environment Management Act; and designation
of marine aggregate collection complex pursuant to the provisions of Article 34 of the Aggregate Collection Act;
4. Other projects prescribed by Presidential Decree, from among projects which remarkably affect marine ecosystems or projects using
marine assets in public waters.
<Newly Inserted by Act No. 10676, May 19, 2011>
(3) The marine ecosystem conservation levy under paragraph (1) shall be calculated and imposed, by multiplying damaged areas of ecosystems
by amounts to be imposed per unit area and regional coefficients, not exceeding two billion won: Provided, That projects prescribed
by Presidential Decree, from among projects conducted for military
purposes, may be exempted from the marine ecosystem conservation levy.
(4) Procedures for collecting the marine ecosystem conservation levy under paragraph (1), standards for exemption therefrom, amounts
to be imposed per unit area and regional coefficients shall be determined by Presidential Decree. In such cases, amounts to be
imposed per unit area shall be based on the value of damaged marine ecosystems and regional coefficients shall be based on purposes
of using land under the National Land Planning and Utilization Act, but regional coefficients of green belt zones shall apply mutatis
mutandis to harbor areas under the Harbor Act, from among sea and beaches under the Public Waters Management Act and regional coefficients
of natural environment conservation areas shall apply mutatis mutandis to other areas.
(5) The Minister of Land, Transport and Maritime Affairs shall pay the marine ecosystem conservation levy under paragraph (1) and
additional charges under Article 51 (1) using the fisheries development fund under Article 76 of the Fisheries Act. <Amended by
Act No. 8852, Feb. 29, 2008; Act No. 9614454, Apr. 1, 2009; Act No.9626, Apr. 22, 2009>
(6) When the Minister of Land, Transport and Maritime Affairs delegates the authority to collect the marine ecosystem conservation
levy and additional charges to Mayors/Do Governors under Article 60 (1), he/she may grant amounts equivalent to 50/100 of the marine
ecosystem conservation levy and additional charges collected to Mayors/Do Governors in charge of the relevant projects areas. In
such cases, Mayors/Do Governors may use parts of grant money for imposing and collecting the marine ecosystem conservation levy,
as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(7) When any person who has paid the marine ecosystem conservation levy conducts projects for the conservation and management of
marine ecosystems, which are prescribed by Presidential Decree, such as creating alternative marine ecosystems and restoring marine
ecosystems, after obtaining approval from the Minister of Land, Transport and Maritime Affairs, the Minister of Land, Transport
and Maritime Affairs may return some of the marine ecosystem conservation levy to the person. <Amended by Act No. 8852, Feb.
29, 2008>
(8) Necessary matters concerning approval and the return of the marine ecosystem conservation levy under paragraph (7) shall be prescribed
by Presidential Decree.
The Marine Ecosystem Conservation Levy in accordance with Article 49 (1) and the
additional charge under Article 51 (1) of this Act should be used for the following purposes:
1. Conservation and restoration project of marine ecosystems and species
2. Support for ex situ agencies and institutions working for biodiversity conservation
3. Implementation of basic management plans of protected marine areas in accordance with
Article 28
4. Purchase of land, etc. in accordance with Article 33
5. Development of the projects under each subparagraph of Article 34 (1)
6. Establishment and operation of facilities for conserving and using marine ecosystems under Article 43
7. Restoration of marine ecosystems in accordance with Article 46
8. Other necessary matters prescribed by Presidential Decree for conservation and management of marine ecosystems other than those
as provided for in subparagraphs 1 through 7.
[This Article Newly Inserted by Act No.10676, May 19, 2011]
(1) The heads of administrative agencies who authorize or permit projects subject to the marine ecosystem conservation levy under
Article 49 (2) shall publicly notify the Minister of Land, Transport and Maritime Affairs of business operators, details of projects
and the size of projects, etc. within 20 days from the date on which such authorization or permission is granted. <Amended by
Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall publicly notify business operators of matters concerning amounts of
the marine ecosystem conservation levy and the deadline for payment within one month after the date on which he/she is publicly
notified under paragraph (1). In such cases, the deadline for payment shall be three months from the date on which the marine ecosystem
conservation levy is imposed.
<Amended by Act No. 8852, Feb. 29, 2008>
(3) Necessary matters concerning the details and methods of notification under paragraphs (1) and (2) shall be prescribed by Ordinance
of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(1) When any one obliged to pay the marine ecosystem conservation levy under Article 49 fails to pay such levy within the deadline
for payment, the Minister of Land, Transport and Maritime Affairs shall call for payment by fixing a period for not less than 30
days.
In such cases, charges equivalent to 5/100 of such fund shall be added to the amounts of the marine ecosystem conservation levy in
arrears. <Amended by Act No. 8852, Feb. 29,
2008>
(2) When any one who is urged to make a payment under paragraph (1) fails to pay the marine ecosystem conservation levy and additional
charges within a deadline, such fund and charges may be collected pursuant to the practices of dispositions on default of national
taxes.
(1) The Minister of Land, Transport and Maritime Affairs may request the heads of the relevant central administrative agencies or
the heads of local governments to formulate necessary polices or take measures concerning matters prescribed by Presidential Decree,
when he/she deems that it is necessary for achieving the purposes of this Act. In such cases, the heads of the relevant central
administrative agencies or the heads of local governments shall comply with such requests, unless there exists any extraordinary
ground to the contrary. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall evaluate the value and functions of marine biological diversity and
endeavor to ensure that the heads of the relevant central administrative agencies or the heads of local governments can use such
information, for the conservation, management and sustainable use of marine ecosystems. <Amended by Act No. 8852, Feb. 29, 2008>
(1) Any one who suffers property loss under Articles 14 (1) and 27 (5) (including Municipal Ordinance determined in accordance with
Article 27 (5) under Article 36 (5)) may request for compensation from the Minister of Land, Transport and Maritime Affairs or Mayors/Do
Governors, as prescribed by Presidential Decree: Provided, That in cases of compensation concerning fishing activities, Article 81
of the Fisheries Act shall apply mutatis mutandis. <Amended by Act No. 8377, Apr. 11, 2007; Act No. 8852, Feb. 29,
2008; Act No. 9626, Apr. 22, 2009>
(2) The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors, upon receiving a request under the main sentence
of paragraph (1), shall determine amounts of compensation by consulting with an applicant within three months and notify an applicant
of such amounts. <Amended by Act No. 8852, Feb. 29, 2008>
(3) When a consensus is not reached under paragraph (2), the Minister of Land, Transport
and Maritime Affairs, Mayors/Do Governors or a requester may apply for adjudication with the competent Land Tribunal, as prescribed
by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
The State may subsidize expenses in whole or in part for local governments or organizations related to the conservation of marine
ecosystems which conduct the following projects for the conservation and management of marine ecosystems:
1. Support for movements to protect marine ecosystems under Article 6;
2. Support for residents in protected marine areas and adjacent areas under Article 34;
3. Establishment and operation of facilities for conserving and using marine ecosystems under Article 43;
4. Projects falling under each subparagraph of Article 56;
5. Entrusted projects under Article 60 (2).
Local Governments)
(1) The State may establish symbolic signs of marine ecosystems by type of region in regions which need to conserve and manage marine
ecosystems, such as protected marine areas, and local governments may change and use parts of symbolic signs of marine ecosystems
by taking into account the characteristics of the competent areas.
(2) Local governments may designate important marine organisms or marine ecosystems, which can represent the relevant regions, as
the symbolic species or symbolic marine ecosystems of the relevant local governments, and conserve or use such species or ecosystems.
The Minister of Land, Transport and Maritime Affairs may support civil organizations for the conservation and management of marine
ecosystems, engaging in the following activities, for the conservation and management of marine ecosystems: <Amended by Act No.
8852, Feb. 29, 2008>
1. Cooperation and exchanges with international organizations and agencies for the conservation of marine ecosystems;
2. Protection of marine organisms;
3. Conservation of marine ecosystems and marine assets.
(1) The Minister of Land, Transport and Maritime Affairs or the heads of local governments may appoint members of civil organizations
for the conservation and management of marine ecosystems or persons who faithfully conduct activities for the conservation and management
of marine ecosystems as honorary instructors for the conservation of marine ecosystems, for instruction and enlightenment concerning
the conservation and management of marine ecosystems. <Amended by Act No. 8852, Feb. 29, 2008>
(2) A certificate identifying the status of honorary instructors for the conservation of marine ecosystems shall be issued to honorary
instructors for the conservation of marine ecosystems, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime
Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Necessary matters concerning methods of appointing honorary instructors for the conservation of marine ecosystems and the scope
of their activities shall be prescribed by Presidential Decree.
The Minister of Land, Transport and Maritime Affairs shall submit reports on major plans concerning the conservation of marine ecosystems
and the outcomes of implementing such plans to the National Assembly before the commencement of the regular session of the National
Assembly in the relevant year, every two years. <Amended by Act No. 8852, Feb.
29, 2008>
The Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors shall, when they intend to revoke designation or permission under Article 17 (3), 18 (4), 21 (1) and 42 (3), hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008>
(1) A part of the authority of the Minister of Land, Transport and Maritime Affairs under this Act may be delegated to the heads of
institutions belonging to the Ministry of Land, Transport and Maritime Affairs or Mayors/Do Governors, as prescribed by Presidential
Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may entrust some tasks under this Act to the relevant specialized institutions
or organizations, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER VIII PENAL PROVISIONS
Any one falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a
fine not exceeding 20 million won:
1. Any person who captures marine mammals, in violation of prohibitions and restrictions under Article 16 (3);
2. Any person who captures, collects or damages marine organisms under protection, or who installs explosives, nets or fishing gear
or uses harmful materials or electric currents, so as to capture or damage marine organisms under protection, in violation of Article
20 (1).
Any one falling under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine
not exceeding 10 million won:
1. Any one who transplants, processes, distributes or stores marine organisms under protection, in violation of Article 20 (1);
2. Any one who brings organisms disturbing marine ecosystems into marine ecosystems and increases their habitats or numbers, in violation
of Article 23 (1);
3. Any one who imports or brings in organisms disturbing marine ecosystems, without obtaining permission, in violation of Article
23 (2);
4. Any one who damages marine organisms or marine ecosystems in areas for protecting marine organisms or areas for protecting marine
ecosystems, in violation of Article 27 (1) 1 through 5;
5. Any one who damages marine organisms or marine ecosystems in areas for protecting marine organisms, in violation of Article 27
(3);
6. Any one who violates orders for suspension, restoration or taking measures under Article 30;
7. Any one who imports or brings in marine animals from foreign nations, without obtaining permission, in violation of Article 42
(1) 1;
8. Any one who exports, imports, ships out or brings in marine organisms under protection without obtaining permission, in violation
of Article 42 (1) 2.
Any one falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine
not exceeding five million won:
<Amended by Act No. 8852, Feb. 29, 2008>
1. Any one who obtains permission for the capture or collection of marine organisms under protection under the proviso to Article
20 (1) by fraud or other wrongful means;
2. Any one who places an advertisement which is likely to promote the extinction or decrease of marine organisms under protection
or provoke the abuse of marine organisms under protection, in violation of Article 22;
3. Any one who obtains permission for importing or bringing in organisms disturbing marine ecosystems under Article 23 (2) by fraud
or other wrongful means;
4. Any one who damages the marine landscape in areas for protecting marine landscape, in violation of Article 27 (1) 2 through 5;
5. Any one who obtains permission under Article 42 (1) 1 through 3 by fraud or other wrongful means;
6. Any one who exports, imports, ships out or brings in species determined by Ordinance of the Ministry of Land, Transport and Maritime
Affairs, without obtaining permission, in violation of Article 42 (1) 3.
If the representative of a corporation, or an agent, an employee or any other employed person of the corporation or an individual
commits such act as prescribed in Articles 61 through 63, in connection with the duties of the said corporation or individual, not
only shall such an actor be punished accordingly, but the corporation or individual shall be punished by a fine under the same Article:
Provided, That the same shall not apply where the corporation or individual has not neglected to exercise due diligence and supervision
over the relevant duties in order to prevent such violation.
[This Article Wholly Amended by Act No. 9614, Apr. 1, 2009]
(1) Any one who violates a measure taken by a Mayor/Do Governors under Article 36 (5) (limited to parts related to the provisions
of Articles 27 and 30) shall be punished by a fine for negligence not exceeding 10 million won.
(2) Any one falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million
won:
1. Any one who refuses, obstructs or evades entrance, an investigation or observation and the change or removal of any obstacle, etc.,
without any justifiable ground, in violation of Article 14 (3);
2. Any one who captures a migratory marine animal, in violation of prohibitions or restrictions under Article 16 (3);
3. Any one who fails to report the outcome of the capture or collection of marine organisms under protection, in violation of Article
20 (4);
4. Any one who fails to report on the storage of marine organisms under protection, in violation of Article 20 (5);
5. Any one who violates a restriction on change in the shape and quality of public waters, or entry, cooking and camping under Article
47.
(3) Any one falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million
won:
1. Any one who fails to carry a certificate of permission, in violation of Article 20 (4);
2. Any one who fails to return a certificate of permission, in violation of Article 21 (2);
3. Any one who violates a restriction on an act falling under Article 27 (1) 6 through 8;
4. Any one who violates a restriction on development activities or fishing activities under
Article 27 (5).
(4) Fines for negligence under paragraphs (1) through (3) shall be imposed and collected by the Minister of Land, Transport and Maritime
Affairs or the heads of local governments, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(5) through (7) Deleted. <by Act No. 9614, Apr. 1, 2009>
ADDENDA
This Act shall enter into force six months after the date of its promulgation.
Conservation Levy)
Article 49 shall begin to apply to the first development project which applies for authorization or permission, after this Act enters into force.
Ecosystems)
Any investigation into the natural environment in the sea, conducted under Article 30 of the Natural Environment Conservation Act at the time this Act enters into force, shall be deemed a basic investigation into marine ecosystems under Article 10.
Animals)
Migratory marine animals and marine mammals, the capture of which is prohibited under Article 19 of the Protection of Wild Fauna and Flora Act, at the time this Act enters into force, shall be deemed to be prohibited from being captured under Article 16 (3).
Conservation institutions other than habitats designated under Article 7 of the previous Protection of Wild Fauna and Flora Act, at the time this Act enters into force, shall be deemed designated as conservation institutions other than habitats under Article 17.
Areas for conserving ecosystems and landscape, designated and notified by the Minister of Maritime Affairs and Fisheries under Articles 12 (1) and (2) and 13 (3) of the Natural Environment Conservation Act, at the time this Act enters into force, shall be deemed designated and notified as protected marine areas under Articles 25 (1) and (2) and 26 (3).
Animals and Marine Biological Resources)
When any one receives permission or approval for exports, imports, transfer or shipments under Article 21 of the Cultural Heritage Protection Act and Articles 21 and 41 of the Protection of Wild Fauna and Flora Act, at the time when this Act enters into force, he/she shall be deemed to obtain permission under Article 42 (1).
Dispositions, such as authorization, permission and designation under the Natural Environment Conservation Act and the Protection of Wild Fauna and Flora Act, before this Act enters into force, and other acts committed by or for administrative agencies shall be deemed dispositions and acts committed by or against administrative agencies under this Act, if any corresponding provision exists in this Act.
A citation of the provisions of the Natural Environment Conservation Act or the Protection of Wild Fauna and Flora Act by any other Act or subordinate statute in force at the time when this Act enters into force, in connection with marine ecosystems, shall be deemed a citation of this Act or the corresponding provision hereof in lieu of the former provision, if such a corresponding provision exists herein.
ADDENDA <Act No. 8260, Jan. 19, 2007>
This Act shall enter into force one year after the date of its promulgation (Proviso Omitted.)
Articles 2 through 24 Omitted. ADDENDA <Act No. 8351, Apr. 11, 2007> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted.)
Articles 2 through 15 Omitted. ADDENDA <Act No. 8377, Apr. 11, 2007> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted.)
ADDENDA <Act No. 8762, Dec. 21, 2007>
This Act shall enter into force on the date when the protocol takes effect in the Republic of
Korea.
[Effective Date of the Protocol: Jan. 1, 2008]
Articles 2 through 4 Omitted. ADDENDA <Act No. 8852, Feb. 29, 2008> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted.)
Articles 2 through 7 Omitted. ADDENDA <Act No. 9037, Mar. 28, 2008> Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted. ADDENDA <Act No. 9401, Jan. 30, 2009> Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 11 Omitted. ADDENDA <Act No. 9454, Feb. 6, 2009> Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 9614, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9626, Apr. 22, 2009>
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted. ADDENDA <Act No. 9982, Jan. 27, 2010> Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted. ADDENDA <Act No. 10676, May. 19, 2011> Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation.
Conservation Levy)
The revised regulations of Article 49 (2) 3 of this Act shall apply to development projects that apply for a permit or authorization on or after the enforcement date of this Act.
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