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ENFORCEMENT DECREE OF THE MARINE SCIENTIFIC RESEARCH ACT

ENFORCEMENT DECREE OF THE MARINE SCIENTIFIC RESEARCH ACT [Enforcement on Feb. 29, 2008] [Presidential Decree No. 20722, Feb. 29, 2008, Amendment of Other Laws and Regulations]

Ministry of Land, Transport, and Maritime Affairs (Maritime Territory and Development Division) 02-2110-8454

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Decree is to define matters delegated by the Marine scientific research Act, (hereinafter referred to as the "Act"), and any matters necessary for the enforcement thereof.

CHAPTER II MARINE SCIENTIFIC RESEARCH BY FOREIGNERS, ETC.

Article 2 (Permission Procedures, etc. for Research within Territorial sea) (1) The "items as determined by Presidential Decree" in Article 6 (2) of the Act shall be as outlined in the attached Table 1.

(2) Any person of a foreign nationality or a corporation established under foreign laws that intends to obtain permission to conduct marine scientific research under Article 6 (1) and (2) of the Act, (hereinafter referred to as "permission"), shall submit an application for permission and a research plan via the Government of the nation to which such said person or corporation belongs.

(3) The Minister of Land, Transport, and Maritime Affairs, (hereinafter referred to as the "Minister"), shall, upon receipt of the application for permission, transmit the 2

application for permission and the research plan to the Minister of Education, Science, and Technology, the Minister of Foreign Affairs and Trade, the Minister of Justice, the Minister of National Defense, the Minister for Food, Agriculture, Forestry, and Fisheries, the Minister of the Knowledge Economy, the Minister of the Environment, the Commissioner of the National Police Agency, the Commissioner of the Korea Meteorological Administration, the Director-General of the Cultural Assets Maintenance Bureau, and the Director General of the Korea Hydrographic and Oceanographic Administration, and heads of other central administrative agencies concerned, and shall consult in relation to whether to grant said permission or not. (4) Where permission is granted pursuant to Article 6 (3) of the Act, the Minister shall issue a permit which contains matters falling under any of the following subparagraphs to the applicant concerned, and notify the fact of said issuance to the heads of the relevant central administrative agencies under Paragraph (3):

1. Name of the research organization and the researcher in charge;

2. Name of the research vessel;

3. Sea area subject to research;

4. Research period;

5. Conditions or obligations pursuant to Article 9 of the Act; and

6. Name and telephone number of the department of the agency which has issued the permit.

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Article 3 (Procedures for Consent to Conduct Research in Maritime Jurisdiction beyond Territorial sea, etc.)

(1) With respect to the procedures for consent to conduct marine scientific research in a maritime jurisdiction beyond the territorial seas pursuant to Article 7 (2) and (3) of the Act, the provision of Article 2 of this Decree shall apply mutatis mutandis. In this case, "permission" shall be regarded as "consent". (2) The head of the relevant central administrative agency to have received the application for consent and the research plan under Paragraph (1), shall, within two months, inform the Minister of his/her opinions on whether or not to grant permission.

(3) Where refusing to grant consent under Article 7 (3) of the Act, the Minister shall inform the applicant of the reason for refusing consent in a clear statement.

Article 4 (Procedures for Permission or Consent for Joint-Research, etc.) (1) With respect to permission or consent to conduct joint-research under Article 8 (1) of the Act, the provisions of Paragraph (2) or (3) of this Decree shall apply mutatis mutandis.

(2) Where a foreigner, etc., or people etc., who participate/s in joint-research under Article 8 (2) of the Act submit/s a joint research plan, they shall attach a written agreement which contains matters such as the distribution of research data and the disposal of research results.

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Article 5 (Display of Permit or Written Consent, etc.) A foreigner, etc. who has received a permit or written consent under Article 2 through 4 shall display said permit or written consent on a research vessel, and shall present it at the request of any public officials concerned. Article 6 (Report on Participation Results)

Persons of the Republic of Korea designated by the Minister pursuant to Subparagraph 1 of Article 10 (1) of the Act to participate in marine scientific research on behalf of a foreigner, etc., (hereinafter referred to as the "designated research participant"), shall perform duties falling under each of the following subparagraphs, and report the results thereof as determined by Ordinance of the Prime Minister:

1. Technique acquisition and information collection relating to the marine scientific research;

2. Inspection of the progress status of marine scientific research;

3. Comprehension about any research data obtained;

4. Confirmation as to whether the marine scientific research was performed in accordance with the research plan to which the permission or consent was granted;

5. Confirmation as to whether a suspension or termination order was obeyed;

6. Confirmation as to whether the provisions of Subparagraphs 6 through 8 of Article 10 (1) of the Act were executed; and

7. Other matters as determined by the Minister. 5

Article 7 (Report on Research Results)

(1) The report on research results under Subparagraph 2 of Article 10 (1) of the Act shall be classified into a preliminary report and a final report. (2) A foreigner, etc. shall submit five copies of the preliminary report, each written in Korean and English, to the Minister within three months of the completion of the research activities.

(3) The preliminary report under Paragraph (2) of this Article shall contain matters outlined in the following subparagraphs:

1. A report, (including track charts), on the marine research in accordance with the form as determined by the Intergovernmental Oceanographic Commission;

2. Matters which have been carried out differently from those in the research plan submitted pursuant to Article 6 (2), 7 (2), or 8 (1) of the Act; and

3. Copies of the vessel logbook and research diary. (4) A foreigner, etc., shall submit to the Minister five copies of the final report, each written in Korean or English, within two years of the completion of the research.

(5) Where the Minister received the preliminary report and final report under Paragraphs (2) and (4) of this Article, he/she shall, without delay, transfer them to the designated management agency, (hereinafter referred to as the "management agency"), under the provision of Article 22 (1) of the Act. 6

Article 8 (Submission of Research Data)

(1) A foreigner, etc. shall submit the research data under Subparagraph 3 of Article 10 (1) of the Act within two years of the completion of the research as determined by the Minister.

(2) The Minister shall transfer to the management agency the research data submitted under Paragraph (1) of this Article.

Article 9 (Significant Changes in Research Plans) The "significant changes in the matters as determined by Presidential Decree" as provided for under Subparagraph 5 of Article 10 (1) of the Act mean changes falling under Subparagraphs 1 (b) through (e), 2 (b), (d) and (e), 3 (a), 5 (a), and 8 of the attached Table 1, provided, however, that changes falling under any of the subparagraphs of Article 10 shall be excluded.

Article 10 (Significant Changes in Marine scientific research) The "reasons for significant changes as determined by Presidential Decree" under Subparagraph 1 of Article 12 (2) of the Act mean any activities outlined in the following subparagraphs which are outside the range of the obtained permission or consent:

1. Any activities with a direct effect on the exploration and development of natural resources;

2. Any excavation of the continental shelf, use of explosives, or use of materials harmful to the marine environment;

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3. Any construction, use, or operation of an artificial island, facility, or structure;

4. Any marine scientific research in sea areas outside the permitted or consented sea areas; and

5. Any participation by a research organization or support organization which has failed to perform its duties for the Republic of Korea in connection with its previous performance of marine scientific research. Article 11 (Notification of Suspension, etc.)

(1) Where giving an order of suspension, termination, or revocation of suspension, (hereinafter referred to as "suspension, etc."), on marine scientific research conducted by a foreigner, etc. under Article 12 of the Act, the Minister shall immediately inform such said facts to the head of the relevant central administrative agency and the designated research participant. In this case, the head of the relevant central administrative agency shall immediately inform the head of the relevant agency of said suspension, etc.

(2) The head of the relevant agency who received the suspension, etc. under the latter part of Paragraph (1) shall confirm whether the suspension or termination order was obeyed and, where the suspension or termination order was not carried out, shall take appropriate measures pursuant to relevant laws and regulations. 8

CHAPTER III MARINE SCIENTIFIC RESEARCH BY PEOPLE OF THE REPUBLIC OF KOREA

Article 12 (Management and Publication of Research Data) The "corporation as determined by Presidential Decree" under Article 21 (1) of the Act means any of the following subparagraphs:

1. Any research institute being governed by the Act on the Support of Specific Research Institutions;

2. Any university established under the Education Act; and

3. Any non-profit corporation in the field of marine science established by the Civil Act or other laws and regulations.

Article 13 (Range of Management of Research Data) (1) The range of management of research data under Article 21 (3) of the Act shall be as shown in the attached Table 2.

(2) The head of the government agency, etc., and the representative of the corporation under Article 21 (1) of the Act, (hereinafter referred to as the head of the government agency etc., and the representative of the corporation), shall maintain any research data collected in the manner outlined in the following subparagraphs:

1. The basic data shall be computerized and preserved permanently, but in particular, it shall be retained in a safe place in precaution against natural disasters or man-made accidents, provided, however, that in the event that the computerization of the basic data is inappropriate by nature, the same shall not apply; and

2. Samples shall be classified and maintained into those things which have high natural or reusable value and those which do not have such value, provided, 9

however, that the same shall not apply in cases specially provided for by other laws and regulations.

Article 14 (Management on Consignment)

(1) Where the head of the government agency, etc., or the representative of the corporation intends to consign research data to a management agency, a consignment note which contains the items outlined in the following subparagraphs shall be attached thereto:

1. Name of the consignor;

2. List of the data of consigned materials; and

3. Information related to said consignment. (2) A management agency which is consigned to manage research data under Paragraph (1) shall manage the research data sincerely, and in the event that the head of a consignment agency makes a request, it shall take any necessary measures for the preferential use of said consigned data and reduction of expenses for disseminating the data, etc.

Article 15 (Publication of Research Data, etc.)

(1) The research data under Article 13 (1) shall be subject to the publication of said research data and dissemination of basic data under Article 21 (2) of the Act, provided, however, that where falling under any of the following subparagraphs, the research data shall not be published:

1. Where the publication of the research data is restricted by other laws and regulations;

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2. Where the head of the government agency, etc., and the representative of the corporation restricts the publication of research data thereof within three years after the completion of an annual project; and

3. Where the head of another governmental agency concerned considers the publication of the research data as being inappropriate for national security purposes, and thus, restricts the publication thereof for a specified period. (2) The head of the government agency and the representative of the corporation shall determine matters pertaining to the publication of research data and procedures for providing the research data, considering the convenient use of any user and the prior use of the research data by participants in the marine scientific research in question. Article 16 (Designation of Management Agency)

(1) The organization to be designated as the management agency by the head of the governmental agency concerned pursuant to Article 22 (1) of the Act shall be an organization falling under any of the following subparagraphs which conducts marine scientific research:

1. A government agency; and

2. Research institutes governed by the Act on the Support of Specific Research Institutions.

(2) Where the head of the government agency concerned designates a management agency pursuant to Article 22 (1) of the Act, he/she shall make a public notification thereof.

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Article 17 (List of Research Data)

(1) The request to furnish a list of the research data under Article 22 (3) of the Act shall be made for any research data for which an annual project, including the marine scientific research, was completed, and the number of requests shall be no more than four times per year.

(2) Where the head of the government agency, etc. or the representative of the corporation receives a request to provide a list of the research data under Paragraph (1), he/she shall submit said list to the appropriate management agency within two months after said receipt, provided, however, that where ten months have not elapsed since the completion of an annual project, the submission may be deferred during said period. (3) The content and form of the list of research data shall be as determined by the Minister of Education, Science, and Technology in consultation with the head of the government agency concerned.

(4) The head of the management agency shall distribute the list of research data furnished under Paragraph (2) to other management agencies without delay. Article 18 (Recommendation of Execution)

Where intending to recommend execution under Article 23 of the Act, the Minister of Education, Science, and Technology shall investigate the current conditions of the management, publication, and recording of the research data and take into consideration the results in advance.

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ADDENDA (Office Organization of the Ministry of Land, Transport, and Maritime Affairs and its Subordinate Organizations) Article 1 (Enforcement Date)

This Decree shall enter into effect on the date of its promulgation, provided, however, that, part of any Presidential Decree amended according to Article 6 of the Addenda, which was promulgated but is not effective prior to the enforcement date of this Presidential Decree, shall enter into effect on the enforcement date of each of such said Presidential Decrees.

Articles 2 through 5 Omitted.

Article 6 (Amendment of Other Laws and Regulations) (1) to <128> Omitted.

<129> Parts of the Enforcement Decree of the Marine scientific research Act shall be amended as follows:

Among Article 2(3) and provisions other than each of the subparagraphs of Article 2(4), Article 3 (2) and (3), provisions other than each of the paragraphs of Article 6 and Paragraph (7), Article 7(2), (4) and (5), Article 8 (1) and (2), the provision and attached Table 2 of Article 11 (1), the "Minister of Maritime Affairs and Fisheries" shall be amended to the "Minister of Land, Transport, and Maritime Affairs". In Article 2 (3), "the Minister of Foreign Affairs, the Minister of Justice, the Minister of National Defense, the Minister of Education and Human Resources Development, the Minister of Agriculture and Forestry, the Minister of Trade, Industry, and Energy, the Minister of Information and Communication, the Minister of the Environment, the Minister of Construction and Transportation, the Commissioner of the National Police Agency, the Commissioner of the Meteorological Administration, the Director-General of the Cultural Assets Maintenance Bureau, and the Director-General of the Hydrographic Affairs Office" shall be amended to "the Minister of Education, Science, and Technology, the Minister of Foreign Affairs and Trade, the Minister of Justice, the 13

Minister of National Defense, the Minister for Food, Agriculture, Forestry, and Fisheries, the Minister of the Knowledge Economy, the Minister of the Environment, the Minister, the Commissioner of the National Police Agency, the Commissioner of the Korea Meteorological Administration, the Director-General of the Cultural Assets Maintenance Bureau, and the Director-General of the Korea Hydrographic and Oceanographic Administration".

In Articles 17 (3) and 18, the "Minister of Science and Technology" shall be amended to the "Minister of Education, Science, and Technology". <130> through <138> Omitted