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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON MARINE FISHERY DEVELOPMENT

[Enforcement Date: Jul. 7, 2009] [Presidential Decree No. 21622, Jul. 7, 2009, Partial Amendment]

Ministry of Land, Transport and Maritime Affairs (Marine Policy Division) Tel.: 02-2110-8446

Article 1 (Purpose)

The purpose of this Decree is to prescribe the matters delegated by the Framework Act on Marine Fishery Development, and matters necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 2 (Establishment of Objectives and Directions of Mid-Term and Long-Term Policies)

(1) The Minister of Land, Transport and Maritime Affairs (hereinafter referred to as the "Minister") shall establish the objectives and directions of mid-term and long-term policies (hereinafter in this Article, referred to as the "objectives of mid-term and long-term policies, etc.") for the rational management, preservation, development and utilization of seas and marine resources and for the fosterage of marine industries under Article 6 (1) of the Framework Act on Marine Fishery Development (hereinafter referred to as the "Act"), and notify the heads of the central administrative agencies concerned thereof, and publicly announce the contents thereof.

(2) When the Minister establishes the objectives of mid-term and long-term policies, etc. under section (1), he/she shall go through a deliberation by the Marine and Fishery Development Committee as prescribed in Article 7 of the Act. (3) Where deemed necessary for establishing the objectives of mid-term and long-term policies, etc., the Minister may request the relevant central administrative agency, local government, and the enterprises having participated in the State's research and development projects, to submit materials.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 3 (Establishment of Basic Plan)

(1) The basic plan for marine fishery development under Article 6 of the Act (hereinafter referred to as the "basic plan") shall be established by the Minister by holding consultation with the heads of the central administrative agencies concerned. (2) The head of the central administrative agency concerned shall prepare the plans for his/her jurisdiction, and submit them to the Minister so as to be utilized as the materials necessary for establishing the basic plan under section (1). [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 4 (Establishment of Implementation Plans) (1) The head of the central administrative agency concerned shall establish and execute the implementation plan for marine fishery development for his/her jurisdiction (hereinafter referred to as the "implementation plan") every year in accordance with the basic plan. (2) The head of the central administrative agency concerned shall submit the data on the implementation plan for the current year and on the promotion record of the implementation plan for the preceding year to the Minister not later than the end of January each year. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 5 (Preparation and Submission of Report)

(1) The Minister shall prepare a written report on the main contents of the basic plan, the implementation plan for the current year, and the actual promotion records of the implementation plan for the preceding year, on the basis of the data submitted under Article 4 (2) every year.

(2) The Minister shall make a written report prepared under section (1) to the Marine and Fishery Development Committee, and thereafter submit it to the National Assembly not later than the end of June each year.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 6 (Composition of Marine Fishery Development Committee) (1) The vice-minister level public officials of the central administrative agencies concerned who are to become the members of the Marine and Fishery Development Committee under Article 8 (2) of the Act (hereinafter referred to as the "Committee") shall be the Vice Minister for Tax, Policy and International Affairs of the Ministry of Strategy and Finance, the Vice Minister I of Education, Science and Technology, the Vice Minister II of Foreign Affairs and Trade, the Vice Minister of Unification, the Vice Minister of National Defense, the Vice Minister II of Public Administration and Security, the 1st Vice Minister of Culture,

Sports and Tourism, the Vice Minister II for Food, Agriculture, Forestry and Fisheries, the Vice Minister for Trade and Energy of the Ministry of Knowledge Economy, the Vice Minister of Environment, the Vice Minister of Labor, and the Vice Minister II of Land, Transport and Maritime Affairs.

(2) The executive secretary member under Article 8 (3) of the Act shall be the Vice Minister II of the Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 7 (Operation of Committee)

(1) The chairperson of the Committee (hereinafter in this Article referred to as the "chairperson") shall exercise overall control of its affairs and convene the meetings of the Committee.

(2) When the chairperson intends to convene any meeting, he/she shall notify each member of the date and time, venue and referred agenda for the meeting not later than seven days prior to the opening of such meeting.

(3) The Committee's meeting shall begin with the attendance of a majority of all incumbent members, and its resolution shall require the consent of a majority vote of present members. (4) One secretary shall be assigned in order to assist the executive secretary member of the Committee in dealing with administrative affairs, and the said secretary shall be appointed by the executive secretary member of the Committee from the public officials belonging to the Ministry of Land, Transport and Maritime Affairs. (5) The chairperson shall prepare and maintain the Committee's minutes. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 8 (Organization and Operation of Working-Level Committee) (1) The working-level committee for marine fishery development under Article 11 of the Act (hereinafter referred to as the "working-level committee") shall be composed of not more than 30 members including one chairperson.

(2) The chairperson of the working-level committee shall be the head of the Marine Policy Bureau of the Ministry of Land, Transport and Maritime Affairs, and persons applicable to any of the following subsections shall become its members:

1. Grade 3 or 4 public officials (referring to public officials in the position of officers or directors of divisions) of the central administrative agency to which a member of the Committee belongs appointed by the head of the relevant central administrative agency; and

2. Persons commissioned by the Minister among persons having professional knowledge of and profound experiences in the sea, marine resources or marine industries. (3) One executive secretary shall be assigned in order to deal with administrative affairs of the working-level committee, and the said executive secretary shall be appointed by the Minister from the public officials belonging to the Ministry of Land, Transport and Maritime Affairs.

(4) The chairperson of the working-level committee shall exercise the overall control of the affairs of the working-level committee, and convene the meetings of the working-level committee.

(5) The provisions of Article 7 (2) and (3) shall apply mutatis mutandis to the convocation, commencement, and resolution of meetings of the working-level committee. (6) The working-level committee shall examine and deliberate the agenda submitted to the Committee, and the matters entrusted by the Committee or those instructed by the chairperson of the Committee.

(7) The chairperson of the working-level committee shall prepare and maintain the working- level committee's minutes.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 9 (Organization and Operation of Subcommittee) (1) The working-level committee may organize and operate the following subcommittees in accordance with Article 11 (2) of the Act:

1. Sea Subcommittee;

2. Marine Resources Subcommittee;

3. Marine Industries Subcommittee; and

4. Marine Environment Subcommittee. (2) Any subcommittee applicable to each subsection of section (1) shall be composed of not more than ten members of the working-level committee. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 10 (Allowances and Travel Expenses)

Allowances and travel expenses may be paid to any members, interested persons and specialists stating opinions, who have attended the Committee, working committee and subcommittees (hereinafter referred to as the "Committee, etc.") within the limit of budgets: Provided, that the same shall not apply to the cases where any members who are public officials attend the Committee, etc. in direct connection with the duties under their jurisdiction.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 11 (Rules for Operation)

Matters necessary for the operation of the Committee, etc. other than the matters prescribed by this Decree shall be set forth respectively by the head of the Committee, etc. through the resolution of the related Committee, etc.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 12 (Conservation of Marine Environment)

The policies required for the conservation of marine environments under Article 13 of the Act shall be as follows:

1. Establishment of basic policies for the conservation of marine environments;

2. Technological development for the prevention and control of marine pollution;

3. International cooperation for the conservation of marine environment; and

4. Other matters necessary for the conservation of marine environment. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 13 (Development, etc. of Marine Resources) The policies required for the development, etc. of marine resources under Article 16 of the Act shall be as follows:

1. Investigation and research on marine resources;

2. Technological development of utilizing marine resources;

3. International cooperation for the management, preservation, development and utilization of marine resources;

4. Other matters necessary for the management, preservation, development and utilization of marine resources.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 14 (Installation of Marine Science Base, and Investigation and Research) The support plans required for the installation of a marine science base in the specific area, and for vitalization of investigation and research on the sea under Article 20 of the Act shall contain the matters applicable to each of the following subsections:

1. Basic policies for the installation and operation of a marine science base in the specific area;

2. Plans for investigation and research to be performed in a marine science base in the specific area;

3. International cooperation for the installation of a marine science base in the specific area, and for investigation and research; and

4. Other matters necessary for the operation and support of the marine science bases in the specific areas.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 15 (Strengthening of Competitiveness of Shipping and Harbor Industry) Policies for strengthening the competitiveness of the shipping and harbor industry under Article 23 of the Act shall be as follows:

1. Elevation of the technology and productivity of shipping and harbor industry;

2. Training of manpower for shipping and harbor industry, and its efficient management;

3. Expansion of the foundation for the shipping and harbor industry;

4. Improvement of international cooperation for the shipping and harbor industry; and

5. Other matters necessary for strengthening the competitiveness of the shipping and harbor industry.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 16 (Expansion of Harbor Infrastructure, etc.) Policies required for the expansion of harbor Infrastructure and fishing port Infrastructure under Article 24 of the Act shall be as follows:

1. Basic policies for expanding the harbor facilities and fishing port facilities;

2. Matters concerning the development of technology for harbor construction;

3. Plans for demand and supply of harbor facilities and fishing port facilities;

4. Matters concerning the establishment and operation of the comprehensive information system for supporting the construction work of harbors and fishing ports, and designation of the exclusive-charge institution; and

5. Other matters necessary for expanding the harbor facilities and fishing port facilities. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 17 (Fosterage, etc. of Fisheries)

Any policies required for the fosterage, etc. of fisheries under Article 25 of the Act shall be as follows:

1. Formulation of objectives and basic directions for the fishery policies;

2. Matters concerning the restructuring of fisheries;

3. Matters concerning the fostering of breeding fisheries;

4. Matters concerning the environmental purification of fishing grounds;

5. Matters concerning the promotion of exports of marine products;

6. Matters concerning the overseas cooperation and investment in fisheries; and

7. Other matters concerning the fosterage and development of fisheries. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 18 (Improvement, etc. of Settlement Environment in Fishing Villages) Any policies required for the improvement, etc. of environment for settlement in the fishing villages under Article 27 of the Act shall be as follows:

1. Formulation of objectives and basic directions for the development of fishing village areas;

2. Matters concerning the rearrangement and expansion of facilities for the production or income basis and for living environments, etc. of fishing villages;

3. Matters concerning support for the production complex of the special products of fishing villages; and

4. Other matters required for the improvement, etc. of environment for settlement in the fishing villages.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 19 (Promotion of Marine Tourism)

Any policies for the promotion of marine tourism under Article 28 (1) of the Act shall be as follows:

1. Formulation of basic policies for the promotion of marine tourism;

2. Improvement of systems for the promotion of marine tourism;

3. Expansion of facilities for the promotion of marine tourism;

4. Finding and diffusion of projects for the promotion of marine tourism; and

5. Other matters required for the promotion of marine tourism. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 20 (Designation of Undersea Scenic Zone)

(1) When the Minister intends to designate the undersea scenic zone under Article 28 (2) of the Act, he/she shall listen to the opinions of the competent Metropolitan City Mayor or Do governor or Special Self-governing Do governor.

(2) When the Minister has designated the undersea scenic zone, he/she shall publicly announce the matters applicable to any of the following subsections:

1. The name of the undersea scenic zone;

2. The location or range of the undersea scenic zone;

3. Area of the undersea scenic zone;

4. Objectives and grounding laws and regulations for the designation of the undersea scenic zone;

5. Name, location, range, and scale of major resources of the undersea scenic zone; and

6. Date of designation, public announcement number, and name of the agency making a public announcement.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 20-2 (Support Procedure, etc. for New Technology) (1) Any person who intends to receive support for new technology under Article 29 (1) of the Act (hereinafter referred to as "new technology") shall fill out an application form for support for new technology that includes the followings for each separate form and apply to the Minister:

1. The title of new technology and development period;

2. Details of new technology;

3. A new technology development plan and required budget by stage;

4. Application areas and applicable cases of new technology;

5. Form of holding technology and comparison with similar technologies; and

6. Commercialization results and investment plan. (2) When receiving the application under section (1), the Minister shall review the following, and determine whether or not to support it and notify the applicant of the results within two months from the date of receiving the application:

1. Economic, technological impact of new technology;

2. Degree of practical use and value-added of new technology;

3. Redundancy of developing new technology and feasibility of commercialization;

4. Whether applicable to core technology in maritime and fishery area;

5. Capability and expertise of developing new technology; and

6. Adequacy of the size of project budget and the period of technological development. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 21 (Collection of Royalty, etc. Following Support for New Technology) (1) In the case where any sales have occurred by commercializing the new technology which has been developed with the support pursuant to Article 29 (1) of the Act, the Minister may collect as technical fees from the relevant business operator under the conditions as set by himself/herself, the amount equivalent to a specific percentage of funds for support.

(2) The technical fees may be allowed to be paid in equal installments for a specific period on the basis of the year wherein any sales have occurred by commercializing the new technology.

(3) The technical fees may be spent for the uses applicable to any of the following subsections: Provided that in this case, at least 50 percent of the collected technical fees shall be spent for the purpose of subsection 1:

1. Support for development of new technology;

2. Survey for demand and evaluation of business feasibility for the business to support;

3. Prize for business operators who have succeeded in the development of distinguished technology or commercialization; and

4. Other businesses determined by the Minister. (4) Matters necessary for the payment and use, etc. of the technical fees, except as prescribed in this Decree, shall be determined by the Minister. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 22 (Training, etc. of Marine and Fishery Experts) Any policies required for training of the professional manpower in the marine fishery industry under Article 31 of the Act shall be as follows:

1. Formulation of objectives and basic directions for training the professional manpower in the marine fishery industry;

2. Finding demands for education for the professional manpower in the marine fishery industry;

3. Expansion of facilities and fostering of instructors for the education of the professional manpower in the marine fishery industry; and

4. Other matters necessary for the training of the professional manpower in the marine fishery industry.

[This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 23 (Promotion of Informatization for Marine Development, etc.) (1) The policies required for advancement of data processing and harmonization of information distribution pertaining to the marine development, etc. under Article 32 (1) of the Act (referring to the marine development, etc. under Article 6 (1) of the Act, and hereinafter referred to as "marine development, etc.") shall be as follows:

1. Improvement of the management systems for information on marine development, etc.;

2. Demarcation of scopes of the data subject to the management of information on marine development, etc.;

3. Preparation of plans for nationwide collection, management and furnishing of the information on marine development, and their utilization;

4. Standardization of the information on marine development, etc., and establishment of a database; and

5. Other matters necessary for advancement of data processing and harmonization of information distribution pertaining to the marine development, etc. (2) Functions of the national marine fishery information center under Article 32 (2) of the Act shall be as follows:

1. Collection, management and provision of the information on marine development, etc.;

2. Establishment and operation of the information system, communication networks and relay systems for efficient collection, management and provision of the information on marine development, etc.;

3. Designation and connection of the information communication networks for joint use of the information on marine development, etc.; and

4. Domestic and international cooperation for the information and data on marine development, etc.

(3) The Minister may request the head of an agency which produces and manages the information on marine fishery to submit the required data, in order to smoothly promote the matters under sections (1) and (2). In this case, the head of an agency in receipt of such request shall comply with such request unless there exist any justifiable grounds not to. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] Article 24 (Support, etc. for Research and Development Project) (1) The Minister shall formulate and implement the plans for support, etc. of the research and development project for marine development, etc. every year under Article 33 of the Act.

(2) Any person intending to receive the support pursuant to the plans under section (1) shall file an application therefor to the Minister by clarifying the matters applicable to each of the following subsections:

1. Subject title and composition of research teams;

2. Objectives for implementing the subjects;

3. Capabilities for implementing the subjects;

4. Expenses required for implementing the subjects; and

5. Other matters prescribed and publicly announced by the Minister. (3) When the Minister has received an application under section (2), he/she shall examine the matters applicable to each of the following subsections, and make a decision on whether or not they are the object of such support:

1. Overlapping of the subject;

2. Propriety of the research teams' organization and the capability for implementing the subject; and

3. Superiority and importance of subject, and social and economic ripple effects. (4) The Minister may designate the specialized agency to be entrusted with the affairs of planning, evaluation, management, etc. of the project under section (1). (5) The Minister may provide the designated specialized agency under section (4) with funds necessary to conduct the affairs within the limit of budget. [This Article Wholly Amended by Presidential Decree No. 21622, Jul. 7, 2009] ADDENDA Article 1 (Enforcement Date)

This Decree shall take effect on the day of its promulgation. Provided, that the amended provisions of Articles 6, 8, 9 and Article 2 of the Addenda shall take effect on Aug. 7, 2009. Article 2 (Amendment of Other Laws and Regulations) (1) Part of the organization of office of the Ministry of Land, Transport and Maritime Affairs and its affiliated organizations shall be amended as follows: Article 16 (3) 36 shall be deleted.

The term "section (3) 32 through 65" in Article 16 (4) shall be changed to "section (3) 32 through 35 and 37 through 65".

(2) Part of the Enforcement Decree of the Marine Environment Management Act shall be amended as follows:

The term "Marine Environment Management Committee under Article 17 (1) of the Act" in Article 9 (4) shall be changed to "Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development" Articles 18 through 23 shall be deleted.

The latter part of Article 36 (1) shall be deleted.