|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Laws of the Republic of Korea |
[Enforcement: Jul. 31, 2009] [Presidential Decree No. 21641, Jul. 27, 2009, Partial Amendment ]
Ministry of Land, Transport and Maritime Affairs (River Planning Division) 02-2110-8425 CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Enforcement Decree is to provide matters delegated by the River Act and other matters necessary to enforce the delegated matters. Article 2 (River Facilities)
The term "other facilities designated by the Presidential Decree" in subparagraph d of Article 2 (3) of the River Act (hereinafter referred to as the "Act") means reservoir, water course tunnel, hydrological survey facilities, river testing ground and other facilities installed according to the laws and regulations, for which the Minister of Land, Transport and Maritime Affairs has issued a public notice thereof. Article 3 (Hydrological Survey Facilities)
The term "the facilities as prescribed by the Presidential Decree" means facilities falling under any of the following subparagraphs:
1. Facilities required for hydrological survey as referred to in Article 17 (1) of the Act;
2. Facilities required for flood forecast as referred to in Article 42 (1) of the Act;
3. Facilities required for measurement of used quantity of river water, which is related to permission to use river water (hereinafter referred to as "permission to use river water") as referred to in Article 50 (1) of the Act; and
4. Subsidiary facilities of those mentioned in paragraphs (1) through (3). Article 4 (Mutatis Mutandis Application to Application for Permission) The provisions of Articles 29, 34, 45 and 55 shall apply mutatis mutandis to the case where the State or local government intends to implement a project, which requires the State or local government to consult with the river management agencies in advance or obtain permission from the said agencies, as referred to in Article 6 of the Act. CHAPTER 2 DESIGNATION OF RIVERS, ETC.
Article 5 (Designation of Local River)
The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor and Special Self-Governing Do governor (hereinafter referred to as "Mayor/Do governor") shall, when designating a local river or altering or revoking the designation, observe the following subparagraphs:
1. The ending point of any local river that is linked to the starting point of a national river or local river shall conform to the starting point of the national river or local river;
2. One river shall not be designated in the names of more than 2; and
3. If a change occurs in any coastline due to reclamation of public waters, etc., the ending point of the river shall be changed.
Article 6 (Land in Flood Control Area)
(1) The term "method prescribed by the Presidential Decree" in subparagraph 6 of Article 10 (1) of the Act refers to the mathematic averaging method of annual maximum water flow volumes for a period of ten years. (2) When assessing the land as referred to in subparagraph 6 of Article 10 (1) of the Act, the land of which appearance/condition is varied temporarily or flow course is changed by a large flood or other natural phenomenon shall be excluded. (3) The river management agencies may, when deciding the extent of the river area, which will be designated as pertaining to subparagraph 6 of Article 10 (1) of the Act, entrust the review of its suitability to the association referred to in Article 88 of the Act.
Article 7 (Scope of Flood Control Area)
(1) The term "area within a certain extent as prescribed by the Presidential Decree" in subparagraph 2 of Article 12 (1) of the Act means the area falling under any of the following subparagraphs:
1. The area not exceeding five hundred meters in a straight line from the border of the river area, to which floods usually reach;
2. The area not exceeding five hundred meters in a straight line from the border of the river area, which is the minimum area required to preserve rivers and iver facilities;
3. The area exceeding five hundred meters in a straight line from the border of the river area, to which floods usually reach (limited to the case that impounded current reservoir is included in the comprehensive water control plan for the river basin referred to in Article 24).
(2) In the event of designating each area in subparagraph of paragraph (1), the provisions of Article 6 (3) shall apply mutatis mutandis.
Article 8 (River Facilities Requiring Management Regulations) The term "river facilities as prescribed by the Presidential Decree" in Article 14 (1) of the Act means facilities falling under any of the following subparagraphs:
1. Dam, estuarine levee, flood control reservoir and tailrace;
2. Canal and lock gate;
3. Reservoir, impounded current reservoir, floodgate and drainage pumping station (limited to the stations designated by the river management agencies). CHAPTER 3 SURVEY AND SETTING UP PLAN
Article 9 (Types of River Basin Survey, Etc.)
(1) The types of river basin survey (hereinafter referred to as the "basin survey") as referred to in Article 16 (1) of the Act are as follows:
1. Survey on features of river basin: Survey on configuration, soil, etc. of river basin;
2. Survey on basic status of river: Research on civilization, industry, economy, resources, etc. of river basin;
3. Survey on water use: Survey on current status of using water at river basin and on status of irrigation facilities, characteristics of water flows, etc.;
4. Survey on flood control: Survey on status of flood damage, project and facilities related to water control, etc.
5. Survey on water quality and ecological environment of river: This survey shall be conducted by utilizing the data from the Ministry of Environment on water quality, water ecology system, natural environment and wetlands. (2) Basin survey shall be conducted by the cycle of one-year, five-year or ten-year taking into account the periodic creation of objects, changeability of data and frequency of using data, etc.: Provided that occasional survey or special survey may be conducted where it is deemed necessary.
(3) Basin survey shall be conducted by the methods of documentary survey, site survey, and utilization of geographical information and remote sensing data. (4) The Minister of Land, Transport and Maritime Affairs may conduct verification of the outcome on the survey cycle referred to in paragraph (2) and survey method referred to in paragraph (3).
(5) Detailed matters concerning survey cycle, survey method and verification of outcome per type of basin survey shall be determined as prescribed by the Minister of Land, Transport and Maritime Affairs. Article 10 (Consultation to Prevent Overlapping of Hydrology Survey) (1) The head of an organization that intends to conduct hydrological survey referred to in Article 17 (2) of the Act shall consult with the Minister of Land, Transport and Maritime Affairs on the matters falling under any of the following subparagraphs:
1. Matters on the objective of hydrology survey;
2. Matters on the location (latitude, longitude and height above sea level) of hydrology survey;
3. Matters on the items of hydrology survey; and
4. Other matters required to prevent duplication of hydrology survey. (2) For prevention of overlapping in hydrological survey and joint utilization of hydrological survey data, the Minister of Land, Transport and Maritime Affairs shall have the heads of other organizations engaged in hydrological survey submit hydrological survey data, and promote informatization of hydrological survey data as referred to in Article 22 (1) of the Act.
(3) The Minister of Land, Transport and Maritime Affairs and the head of the organization engaged in hydrological survey according to the main text of Article 17 (2) of the Act shall jointly utilize the real-time hydrology information to prevent duplication of hydrology survey.
Article 11 (Setting up Basic Plan for Hydrology Survey) (1) Matters falling under each of the following subparagraphs shall be included in the basic plan for hydrological survey as prescribed in Article 17 (4) of the Act (hereinafter referred to as the "hydrological survey basic plan") :
1. Matters on current status of hydrology survey;
2. Matters on basic direction of hydrology survey;
3. Matters on establishment and management of hydrological survey network;
4. Matters on investment in the field related to hydrology survey;
5. Matters on provision and utilization of hydrological survey data; and
6. Other matters necessary for hydrology survey. (2) The Minister of Land, Transport and Maritime Affairs may request the head of other organizations engaged in hydrological survey to submit the data required for setting up the hydrological survey basic plan.
(3) The Minister of Land, Transport and Maritime Affairs shall, where he/she intends to formulate or change the hydrological survey basic plan, consult with the competent central administrative agency, and when the hydrological survey basic plan is formulated or changed, the said Minister shall notify thereof to the head of the competent central administrative agency.
Article 12 (Standardization of Methods, Criteria, Etc. for Hydrology Survey) (1) Matters falling under any of the following subparagraphs shall be included in the standardization of the methods and criteria for hydrological survey as referred to in Article 18 (1) of the Act:
1. Standardization of installation environment of hydrological survey facilities;
2. Standardization of maintenance and management of hydrological survey facilities;
3. Standardization of quality control of hydrological survey data;
4. Standardization of public certification, storage, distribution and utilization of hydrology data; and
5. Standardization of other matters necessary for hydrology survey. (2) Detailed matters necessary for standardization of the methods, criteria, etc. for hydrological survey shall be determined by the Minister of Land, Transport and Maritime Affairs, which shall be publicly notified. Article 13 (Education of Employees Engaged in Hydrological Survey Work, Etc.) (1) The employees engaged in hydrological survey shall be given education for more than thirty hours within two years from the date they begin engaging in the work related to hydrological survey as referred to in Article 18 (2) of the Act, and they shall be given such education repeatedly every three years.
(2) The Minister of Land, Transport and Maritime Affairs shall, when intending to conduct education and training for the employees engaged in hydrological survey as referred to in paragraph (1), select the trainees sixty days before commencement of such education and notify thereof to the organizations to which the trainees belong. (3) The Minister of Land, Transport and Maritime Affairs shall issue certificates for those who finished the education, and notify the results of education without delay to the organizations to which the trainees belong.
(4) Detailed matters necessary for the education as referred to in paragraph (1) shall be determined by the Minister of Land, Transport and Maritime Affairs. Article 14 (Examination Fee of Hydrological Survey Instruments) Any person who intends to receive examination on hydrological survey instruments as referred to in Article 19 (1) of the Act shall pay a fee for examination as provided in the Attached Table 1.
Article 15 (Notice of Removing Obstacles)
The head of the central administrative agency or local government shall announce the matters falling under any of the following subparagraphs in more than one daily newspaper published in the concerned region as referred to in Article 20 (6) of the Act:
1. Matter on the location of obstacles, and the date of removal or altering such obstacles;
2. Matter on the contents of removing or altering obstacles;
3. Whether any loss has occurred and, if so, the reason; and
4. Other matters on removing or altering obstacles. Article 16 (Application for Ruling)
Any person who intends to apply for a ruling for loss compensation shall fill in the items falling under any of the following subparagraphs in the written application for ruling, and submit the application to the competent land expropriation commission:
1. The name and address of the applicant seeking a ruling, and the name and address of the other party;
2. The fact of the occurrence of loss;
3. Details of loss compensation amount presented or demanded by the applicant and the amount of compensation offered by the other party in the negotiation process;
4. Particulars of negotiations; and
5. Other matters that can be used as reference for the ruling. Article 17 (Survey of Flood Damage Status, Preparation of Flood Danger Map, Etc.) (1) Matters falling under any of the following subparagraphs shall be included in the survey on damage status caused by river inundation (hereinafter referred to as "flood damage survey") as referred to in Article 21 of the Act:
1. Investigation of damages to life and property;
2. Survey on situation of inundation and submersion;
3. Analysis of cause for flood damage; and
4. Investigation and analysis of other matters necessary for flood damage countermeasures, etc.
(2) Survey of flood damage situation shall be conducted within one year from occurrence of flood damage.
(3) The head of the local government shall, when intending to prepare a flood danger map as referred to in Article 21 (5) of the Act, consider matters falling under each of the following subparagraphs:
1. The data of investigation, survey and analysis as referred to in each subparagraph of paragraph (1):
2. The number of floodgates at the river concerned and its mathematical interpretation;
3. Utilization plan of flood damage map; and
4. Other matters necessary for preparation of flood danger map. (4) The head of the local government shall, when he/she prepared the flood danger map as referred to in Article 21 (5) of the Act, notify its contents to the Minister of Land, Transport and Maritime Affairs.
(5) The provisions of Article 6 (3) shall apply mutatis mutandis to the preparation of the flood danger map as referred to in Article 21 (1) and (5) of the Act. Article 18 (Creation and Operation of Water Resources Information System, Etc.) (1) Matters falling under any of the following subparagraphs shall be included in the water resources information system (hereinafter referred to as "water resources information system") as referred to in Article 22 (1) of the Act:
1. Data on basin survey;
2. Data on hydrology survey;
3. Data on river basic plan as referred to in Article 25 (1) of the Act;
4. Data on use and management of dam, wide area water supply, etc.;
5. Data on use and management of rivers and subterranean water; and
6. Other data required to formulate a plan on efficient use and management of water resources.
(2) The Minister of Land, Transport and Maritime Affairs may promote standardization of production, management and circulation of the data listed in the subparagraphs of paragraph (1) when necessary for efficient establishment and operation of water resources information system.
(3) The Minister of Land, Transport and Maritime Affairs shall consult with the administrative agencies and organizations concerned when intending to standardize the water resources information system as referred to in paragraph (2). Article 19 (Formulation of Water Resources Plan)
(1) Matters falling under any of the following subparagraphs shall be included in the long-term comprehensive master plan on water resources (hereinafter referred to as "water resources long-term plan") as referred to in Article 23 (1):
1. Natural environment and social and economic conditions that may affect water resources;
2. Current status and prospect in demand and supply of water;
3. Plan on development, supply and management of water resources;
4. Plan on prevention of flood disaster;
5. Plan on environment preservation and multipurpose use of river;
6. Research and technology development on water resources;
7. Methods to secure water by the State against climate change; and
8. Other matters on management and preservation of water resources. (2) The Minister of Land, Transport and Maritime Affairs may request the head of the central administrative agency or Mayor/Do governor to submit the data required for setting up the long-term plan on water resources. Article 20 (Formulation of Water Control Master Plan at River Basin) (1) The Minister of Land, Transport and Maritime Affairs shall formulate a comprehensive master plan on water control at the river basin (hereinafter referred to as "basin water control plan") as prescribed in Article 24 (1) of the Act, for each river such as the Hangang (excluding the river basin adjacent to Imjingang), Imjingang, Anseongcheon, Sapgyocheon, Gumgang, Mangyunggang, Dongjingang, Yeongsangang, Tamjingang, Seomjingang, Nakdonggang, Taehwagang and Hyungsangang.
(2) Matters falling under any of the following subparagraphs shall be included in the basin water control plan:
1. Relevancy to various development plans such as national land plan;
2. Relevancy to social infrastructures such as road and railway;
3. Matters on allotment of flood volume per major location of river basin; and
4. Other matters required to formulate the basin water control plan. Article 21 (Composition of River Basin Management Council) (1) The river basin management council (hereinafter referred to as the "Council") as prescribed in Article 24 (5) of the Act shall be established under the regional construction and management administration in charge of the respective river basin, and consist of not more than fifteen members including one chairman. (2) The chairman of the Council shall be the head of the relevant regional construction and management administration.
(3) The members shall be appointed or commissioned by the head of the relevant regional construction and management administration from the persons falling under any of the following subparagraphs. In this case, no less than 1/2 of the members shall apply to the regulations of subparagraphs 2 through:
1. Persons who are recommended by the heads of the relevant central administrative agencies and local governments among public officials of grade IV or higher in their ranks, who belong to such central administrative agencies and local governments;
2. Persons who are recommended by the Mayor/Do governor among the residents living in the relevant river basins;
3. Persons who are recommended by civic organizations (referring to nonprofit civic organizations provided for in Article 2 of the Assistance for Nonprofit Non- Governmental Organization Act. The same shall apply hereinafter.);
4. Persons of profound learning and experience in the development of water resources, rivers, cities, environment, laws or economy;
5. Operating manager of river facilities that have flood control function within the basin.
(4) The term of office for the members who are not public officials shall be two years and they may be reappointed or re-commissioned.
Article 22 (Operation of Council, Etc.)
(1) The chairman shall represent the Council and exercise overall control of the works of the Council.
(2) In the event that the chairman is unable to perform his/her duties due to inevitable reasons, a member who has been nominated by the chairman beforehand shall act on behalf of the chairman in performing the latter's duties. (3) The Council's meeting shall be convened by the chairman, who shall preside over such meetings.
(4) The Council's meetings shall open with attendance of a majority of the total members on the register roll and resolve with concurrent vote of a majority of those present. (5) Matters required for operation of Council, but not provided for in this Enforcement Decree, shall be determined by the chairman after going through resolution by the Council.
Article 23 (Allowances)
The members who are present at the Council's meetings may be paid allowances and travel expenses, etc.: Provided, that this shall not apply to the case where the members who are public officials are present at the Council's meetings in connection with their official business.
Article 24 (Formulation of River Basic Plan)
(1) In formulating the river basic plan pursuant to Article 25 (1) of the Act (hereinafter referred to as "river basic plan"), any change in the national land plan, urban plan, etc. shall be taken into account, and thereby the plan shall be formulated for each sphere based on common maps of basins (referring to the maps that cover the basins nationwide divided per sphere by the Minister of Land, Transport and Maritime Affairs in view of irrigation and water control environment). (2) Matters falling under any of the following subparagraphs shall be included in the river basic plan;
1. The objective of the river basic plan;
2. Status summary of the river, in particular the following matters: a. The current general situation such as characteristics of the river basin; b. The natural conditions such as rain and weather; c. The water quality and ecology of rivers;
d. The status of damages from flood and drought;
e. The current state of utilization of river water; and f. Matters concerning the datum point of survey to grasp the configuration and features of the river basin;
3. Flood control plan by means of flood preventive facilities such as embankment, dam, undercurrent reservoir, flood control reservoir and tailrace;
4. Flood control plan in accordance with the land use plan, etc;
5. Method to execute the flood control plan per year;
6. Matters falling under each of the following items that concern river work execution:
a. Basic flood discharge (referring to the flood volume in its natural state without reflecting the flood control plan and flood preventive facilities such as embankment, dam, undercurrent reservoir, flood control reservoir and tailrace) and matters on distribution of flood control;
b. The planned flood discharge;
c. The planned flood elevation; and
d. The planned river width and its boundary.
7. Matters on providing basic data to determine the river area, land planned for rivers and flood control areas;
8. Matters on fostering nature-friendly rivers; and
9. Other matters on preservation and proper use of river environment. (3) The term "minor matters as prescribed by the Presidential Decree" in the proviso of Article 25 (5) of the Act means matters falling under any of the following subparagraph:
1. To increase the planned flood discharge referred to in subparagraph 6-b of paragraph (2) within the limit of 10/100 or decrease the same within the limit of 1/100; and
2. To extend the planned river width referred to in subparagraph 6-d of paragraph (2) within the limit of 10/100 or reduce the same within the limit of 1/100. Article 25 (Formulation of Emergency Countermeasures Plan) (1) The term "river facilities as prescribed by the Presidential Decree" in the main text of Article 26 (1) means the dams falling under any of the following subparagraphs:
1. Multipurpose dam;
2. Power generation dam; and
3. Dam having total water storage capacity of not less than three hundred tons, which does not fall under subparagraph 1 and 2.
(2) Matters falling under any of the following subparagraphs shall be included in the emergency countermeasures plan as referred to in the main text of Article 26 (1) of the Act (hereinafter referred to as "emergency countermeasures plan"):
1. Summary of the relevant dam and its surrounding environment;
2. Areas that are expected to be inundated by collapse of the dam;
3. Emergency communication system;
4. Matters on procedure to issue emergency alarm, etc.;
5. Guidelines for first aid action at the time of emergency;
6. Emergency evacuation plan;
7. Matters on accommodation plan for disaster victims;
8. Matters on taking measures jointly with relevant agency and organization; and
9. Other matters necessary to cope with emergencies. (3) In the case that the person who installed the river facilities falling under each subparagraph of paragraph (1) has formulated the emergency countermeasures plan, the head of the central administrative agency concerned may share its cost in part. CHAPTER IV IMPLEMENTATION OF RIVER WORK, ETC.
Article 26 (Formulation of Execution Plan for River Work) (1) Matters falling under any of the following subparagraphs shall be included in the execution plan for river work as referred to in Article 27 (1) (hereinafter referred to as "river work execution plan"):
1. The name of the river work;
2. The purpose and summary of river work;
3. Location of the area where river work is executed;
4. Name and address of the contractor for river work;
5. The scheduled commencement and completion dates of river work;
6. The document stating details of items or rights falling under any of the following items which will be expropriated or used, and the names and addresses of owners and right holders other than owners:
a. Land and rights other than ownership on such land; and b. Items fixed on land and rights other than ownership on such items;
7. The implementation drawings and specifications (in the case of dividing river work into more than two work sections, implementation drawing and specification shall be worked out for each section);
8. The estimated cost of such work project and plans for raising funds to meet such cost (including annual investment plan);
9. The project schedule of the river work;
10. Matters on management of river facilities; and
11. The expected area of desolate river sites generated as referred to in Article 84 (1) of the Act.
(2) The term "minor river work as determined by the Presidential Decree" in the proviso of Article 27 (1) of the Act means the work falling under any of the following subparagraphs:
1. The work undertaken to restore from disaster according to the Countermeasures against Natural Disaster Act;
2. The work undertaken for regular maintenance and repair of rivers. (3) The river management agencies shall, when they formulate or change the river work implementation plan, issue a public notice of the matters listed in subparagraphs 1 through 6 of paragraph (1) in the official gazette or bulletin. Article 27 (Work for Other Structures, Etc,)
(1) In the event that the river management agencies intend to implement work for other structures or other works according to Article 27 (6) of the Act, they shall notify thereof to the manager of the structure concerned or the person who is obligated to execute the work: Provided, that if the manager of the concerned structure is an administrative agency, consultation in advance shall be required. (2) Where the river management agencies intend to maintain and repair other structures under Article 27 (6) of the Act, they shall send the maintenance and repair plan and estimated cost breakdown to the manager of the structure concerned. (3) The river management agencies shall, when intending to notify or request for consultation as referred to in paragraph (1), attach drawings and specifications concerning the river work to the written notification or consultation request. (4) The river management agencies shall, upon completing the work for other structures or other work according to Article 27 (6) of the Act, they shall send the work completion report, drawings and cost accounts settlement to the manager of the concerned structure.
(5) The river management agencies shall publish the matters falling under each of the following paragraphs in the official gazette or bulletin according to Article 27 (7) of the Act:
1. The name of the river work;
2. The purpose and summary of river work;
3. The location of the area where river work is implemented;
4. The name and address of the contractor of river work;
5. The scheduled dates of commencement and completion of river work;
6. The detailed records on the land incorporated into the river area;
7. The topography drawing which shows the land registers on river areas with a scale of 1/1,500 or above;
8. The area of desolate river site, etc. generated as referred to in Article 84 (1) of the Act, and the plan for their preservation or disposal; and
9. Matters on management of completed facilities. Article 28 (Execution of River Work by Proxy)
(1) The river work which the Minister of Land, Transport and Maritime Affairs may undertake by proxy shall be as seen in each of the following subparagraphs:
1. River work for local river; and
2. Maintenance and repair work for national rivers. (2) The Minister of Land, Transport and Maritime Affairs shall, when intending to undertake a river work by proxy under Article 28 (1) of the Act, notify in advance the items listed in subparagraphs 1 through 5 of Article 26 (1) to the Mayor/Do governor concerned.
(3) The term "government-invested institution prescribed by the Presidential Decree" in the foregoing and latter parts of Article 28 (2) of the Act means the Korea Water Resources Corporation established under the Korea Water Resources Corporation Act. (4) The river work, which the Minister of Land, Transport and Maritime Affairs may have the Mayor/Do governor or the Korea Water Resources Corporation under Article 28 (2) of the Act execute by proxy, shall be the work falling under any of the following subparagraphs:
1. The work performed for restoration from any disaster;
2. The river work performed in connection with river facilities installed and managed by the Mayor/Do governor or public institution according to the Act on the Management of Public Institutions; and
3. The river work connected to the operation and management of dam, etc. pursuant to Article 39 (1) of the Act.
(5) The Minister of Land, Transport and Maritime Affairs shall, when intending to have the work implemented by proxy as referred to in paragraph (4), notify in advance each matter falling under the following subparagraphs to the person who shall implement the work by proxy, and refer to the person's opinion thereon:
1. Matters referred to in subparagraphs 1 through 5 of Article 26 (1); and
2. Budget amount (including the plan of fund input by year and financing plan). (6) The Minister of Land, Transport and Maritime Affairs shall, on publishing the completion of river work according to Article 28 (4) of the Act, notify the contents thereof without delay to the relevant Mayor/Do governor. The person who implemented the river work by proxy shall, when he/she publishes the completion of river works according to Article 28 (2) of the Act, notify without delay the expense account statement and published contents thereof to the Minister of Land, Transport and Maritime Affairs.
(7) The provisions of Article 27 (5) shall apply mutatis mutandis to the public notice as referred to in Article 28 (4) of the Act.
Article 29 (Permission for River Work to Person Other Than River Management Agencies, Etc.)
(1) In the event that a person who is not the river management agencies intends to obtain permission for a river work or maintenance/repair of a river as referred to in Article 30 (1) of the Act, he/she shall submit a written application as determined by Ordinance of the Minister of Land, Transport and Maritime Affairs to the river management agencies.
(2) The term "minor matters prescribed by the Presidential Decree" in the proviso of Article 30 (1) of the Act means regular maintenance and repair of rivers which do not affect the structure of such river.
Article 30 (Deposit of Construction Cost)
(1) The river management agencies shall have the applicant for permission as referred to in Article 30 (1) of the Act deposit an amount equivalent to the construction cost with a financial institution designated by the said agencies in the joint name of the said agencies and the applicant.
(2) Notwithstanding paragraph (1), the river management agencies may allow the construction cost referred to in Article 30 (4) of the Act to be deposited at the said agencies in the form of a guarantee such as the following:
1. Payment guarantee falling under the subparagraphs of Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which the State is a Party; and
2. Government bond, local bond and compensation bond according to Article 69 of the Act on the Acquisition of Land, Etc. for Public Works and the Compensation Therefor, as well as land development bonds issued by the Korea Land Corporation.
(3) The river management agencies shall, upon receiving a request from the person who has obtained permission, allow him/her to withdraw the amount deposited pursuant to paragraph (1) according to the progress of the work concerned. Article 31 (Application for Approval of Implementation Plan) (1) Any person who has obtained permission to implement river work or maintenance and repair of rivers pursuant to Article 30 (1) of the Act shall prepare its execution plan and make an application for its approval as prescribed in Article 30 (5) of the Act (hereinafter referred to as "river work execution plan") within six months from the date of permission: Provided, that the river management agencies may extend the application period within the limit of six months if there exists any inevitable reason. (2) The river work execution plan shall include the matters falling under each subparagraph of Article 26 (1).
(3) The person who obtained approval for the river work execution plan shall, when intending to alter the approved matters excluding any of the following subparagraphs, apply for alteration approval pursuant to the latter part of Article 30 (5) of the Act:
1. The alteration of address of a work contractor;
2. In the case that the work contractor is a corporation, the alteration of its representative;
3. The alteration of an area to be executed which was set by mistake within the project site; and
4. The alteration of facilities and equipment within the limit not causing any change in the project cost.
Article 32 (Package Handling of Overlapping Permission Matters, Etc.) (1) In the event that two or more permission matters overlapp with each other or are related to each other among the permission matters under Articles 30 (1), 33 (1) or 50 (1) of the Act, and the authority to grant permission for main permission matters according to the classification of the Attached Table 2 and other permission matters overlapped with or related to such main permission matters rests with the river management agencies, the said agencies may grant permission for the main permission matters and other permission matters (overlapping with or related to such main permission matters) as a package.
(2) In the event that the authority granting the main permission matters according to the classification of the Attached Table 2 and other permission matters (overlapped with or related to such main permission matters) rests with different agencies under the provisions of Article 105, any agency which holds the authority to grant the main permission matters may grant the main permission matters and other permission matters (overlapping with or related to such main permission matters) as a package notwithstanding the provisions of the same Article. Article 33 (Installation of Hydrological Survey Facilities, Etc.) (1) The installation plan of hydrological survey facilities as referred to in Article 31 (2) of the Act (hereinafter referred to as the "hydrological survey facilities installation plan") shall include the following matters:
1. The name of the project;
2. The objective and summary of the project;
3. The location of the area where the project is implemented;
4. The name and address of project contractor (the title, location and the name of representative if the contractor is a corporation)
5. The scheduled dates of commencement and completion of the project;
6. Details of the goods or rights as listed hereunder, which is to be expropriated or used, and the name and address of the owner or right holder:
a. Land or right other than land ownership; and
b. Items settled at the land or rights other than ownership of such items.
7. Detailed records on land to be expropriated or used;
8. Implementation drawings and specifications;
9. Project cost and plan for raising funds (including the investment plan by year);
10. Project implementation period (including the required period per work process); and
11. Matters on management of hydrological survey facilities after completion of their installation.
(2) The term "the case of installing minor facilities for hydrological survey determined by the Presidential Decree" in the proviso of Article 31 (2) of the Act means the activity falling under any of the following subparagraphs:
1. Repairing or improving hydrological survey facilities; and
2. Improving, replacing or adding measurement instruments, electric communication facilities or electronic equipment.
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she has a formulated hydrological survey facilities installation plan, issue a public notice of the matters listed in subparagraphs 1 through 6 of paragraph (1) in the official gazette pursuant to Article 31 (3) of the Act.
(4) When the installation work of hydrological survey facilities is completed, the Minister of Land, Transport and Maritime Affairs shall issue a public notice of the matters listed in subparagraphs 1 through 4 and 10 of paragraph (1) as well as the starting date and completion date of construction in the official gazette under Article 31 (5) of the Act.
CHAPTER V OCCUPANCY OF RIVER, ETC.
Article 34 (Application for Occupancy Permission, Etc.) (1) Any person who intends to obtain permission pursuant to Article 33 (1) of the Act (hereinafter referred to as "river occupancy permission") shall submit a written application (including submittal through electronic document) for river occupation as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, to the river management agencies concerned.
(2) The term "important matters as prescribed by the Presidential Decree" in the latter part (not the subparagraphs) of Article 33 (1) of the Act, means matters falling under any of the following subparagraphs:
1. The objective and area of occupancy;
2. The picking quantity of earth, stones, sands and gravels;
3. Occupancy period permitted; and
4. Other matters clearly specified in the occupancy permission. (3) Where it is deemed that permission as per the contents of application for river occupancy permission referred to in paragraph (1) may negatively affect the social infrastructures such as roads and railways, the river management agencies shall consult in advance with the head of the administrative agency concerned. Article 35 (River Occupancy Act, Etc.)
(1) The term "other acts as prescribed by the Presidential Decree" in subparagraph 6 of Article 33 (1) of the Act means an activity falling under any of the following subparagraphs:
1. Picking bamboos, reeds, pasture and other river products;
2. Growing of plants;
3. Navigation of ships;
4. Establishing a skating rink, berth of excursion ship or ferry;
5. Water leisure arranged under commercial purposes using leisure apparatus as referred to in the Water Leisure Safety Act; and
6. Act of adding articles newly to the existing fixtures in the river which may affect preservation of river, performed by a person other than the river management agencies.
(2) The term "ships" referred to in paragraph (1) means any of the following subparagraphs:
1. Excursion ship and ferry provided for in the Excursion Ship and Ferry Business Act;
2. Barges provided for in the Ship Act;
3. Periodically-running ships; and
4. Ships running designated routes. Article 36 (Prohibition of River Occupancy Permission) (1) The term "agricultural chemicals or fertilizers as determined by the Presidential Decree" in subparagraph 1 of Article 33 (4) of the Act means any of the following subparagraphs:
1. Agrochemicals with acute toxicity in the level of grade I (deadly poisonous) or grade II (highly poisonous) among item 1 in the Attached Table 1 of the Agrochemicals Control Act, and agrochemicals with fish toxicity (when applied to loach) in the level of grade I or II among item 2-a in the same Table;
2. Fertilizers exceeding the hazard criteria of heavy metals according to Attached Table 1 of the Enforcement Decree of the Fertilizer Control Act; and
3. Fertilizers produced with materials which are prohibited to use in making compost according to the process standard for fertilizer published under Article 4 of the Fertilizer Control Act.
(2) The term "act impairing or likely to impair river and river facilities as determined by the Presidential Decree such as picking aggregate" in subparagraph 2 of Article 33 (4) of the Act means an act falling under any of the following subparagraphs:
1. The act of picking which violates the principle that picking shall be preferentially performed first in the sedimentary section;
2. The act of picking from upstream of a river to its downstream, or picking from both edges of river towards the center;
3. The act of heaping up aggregate at river section: Provided, that the picked aggregate may be heaped up, screened or washed within the limit allowed by the river management agencies as deemed not to affect the management of the river;
4. The act of picking unevenly, which may result in forming puddles; and
5. The act of neglecting earth and stones which are left at the river bottom after picking aggregate.
(3) The term "act that does not hinder river management as determined by the Presidential Decree" in the proviso of subparagraph 4, Article 33 (4) of the Act means installation of fixed structure which is indispensable to maintaining structural strength of the fixture.
(4) The term "act that hinders preservation and management of rivers as determined by the Presidential Decree" in subparagraph 5 of Article 4 (5) of the Act means an act falling under any of the following subparagraphs:
1. The act of picking plants such as bamboos, reeds, pasture and other river products, which involves the risk of impairing slopes and bottoms of river;
2. The act of navigating ships or enjoying leisure on water at areas where ship accidents occur frequently or where navigation routes of ships overlap;
3. The act of installing structures which make passage on river difficult. Article 37 (Permission Certificate for Occupying River, Etc.) The river management agencies shall, on granting river occupancy permission, deliver a permission certificate to the applicant and enter the certification in the permission register and manage such register.
Article 38 (Public Notice of River Occupancy Permission) The river management agencies shall, on granting river occupancy permission, publish the following matters in official gazette or bulletin:
1. The name of the river;
2. The name and address of occupant (in the case of a corporation, the name and address of such corporation and the name of its representative);
3. The purpose and summary of occupancy;
4. The location and size of occupancy area; and
5. The effective period of occupancy permission. Article 39 (Scope of Vested River User)
The term "person who has a right to a river as determined by the Presidential Decree" in the main text of Article 34 (excluding the subparagraphs) means a person falling under each subparagraph hereunder:
1. Any person falling under any of the following items: a. A person who has obtained permission for a river work under Article 30 (1) of the Act (including the persons who are deemed to have obtained permission for a river work under other Acts and subordinate statutes); b. A person who has obtained permission of river occupancy (including the person who is deemed to have obtained permission of river occupancy under other Acts and subordinate statutes); and
c. A person who has obtained permission to use river water.
2. Any person who has obtained right on rivers under the provisions of other Acts, such as the fishing right holder, mining right holder or dam using right holder, etc. Article 40 (Application for Adjudication)
Any person who intends to apply for adjudication on compensation of loss under Article 35 (3) of the Act shall file an application stating the matters under each of the following subparagraphs with the competent Land Expropriation Committee:
1. The name and address of the applicant seeking an adjudication, and the name and address of the other party;
2. The fact of the occurrence of loss;
3. Details of the amount of compensation for loss presented or demanded by the applicant for adjudication and the amount of compensation offered by the other party in the negotiation process;
4. Particulars of negotiations; and
5. Other matters that may be used as reference to the adjudication. Article 41 (Applicable Provisions for River Occupancy Work Undertaken by Proxy) The provisions of Article 27 shall apply mutatis mutandis to the case where the river management agencies undertake a river work for occupancy and use by proxy under Article 36 of the Act.
Article 42 (Collection of Occupancy, Etc.)
(1) Criteria of computing occupancy fee, etc. pursuant to Article 37 (1) of the Act (hereinafter referred to as "occupancy fee, etc.") shall be as per the Attached Table 3. (2) The river management agencies shall collect the total amount of occupancy fee, etc. at a time from a person who obtained permission of river occupancy: Provided, that if the occupancy fee, etc. exceeds five hundred thousand won (in the case of river occupancy permission for picking aggregate, this shall apply only when the picking period exceeds six months), they may allow payment in installments added with interest of 6/100 per annum within the limit of four times a year as provided for by municipal ordinance of the Special Metropolitan City, Metropolitan Cities, Dos and Special Self-Governing Do (hereinafter referred to as "Cities/Dos"). (3) In the event that the total sum of occupancy fees, etc. in a year has increased by more than 10/100 from previous year, the river management agencies may lower the occupancy fee, etc. within the limit of 25/100 of the increased portion: Provided, that this shall not apply to the case of river occupancy permission aimed to pick aggregate. (4) Matters required for collection of occupancy fee, etc. other than the provisions of paragraphs (1) through (3) shall be as prescribed by municipal ordinances of Cities/Dos.
Article 43 (Collection of Indemnity)
(1) The river management agencies shall, when intending to collect the indemnity as prescribed in Article 37 (3) of the Act (hereinafter referred to as the "indemnity"), investigate and confirm the fact of violation, and notify in writing the type of violation and the amount of indemnity, etc. to the person concerned according to the municipal ordinance of the City/Do concerned.
(2) The person who has been notified as referred to in paragraph (1) shall pay the indemnity within twenty days from receiving such notification: Provided, that in the case he/she cannot make payments by the date due to force majeure or other inevitable reason, he/she make payments within seven days from the date such event/reason has been solved.
(3) The river management agencies shall compute the amount of indemnity for the period of occupying or using the river without obtaining permission. In this case, if the mentioned period is stretched over not less than two fiscal years, the indemnity amount calculated for each fiscal year shall be added. (4) Matters required for collection of indemnity other than the provisions of paragraphs (1) through (3) shall be prescribed by municipal ordinance of the City/Do concerned. Article 44 (Reduction and Exemption of Occupancy Fee, Etc.) (1) The term "by a non-profit business and for the official and public purposes as well as for public interests" in subparagraph 5 of Article 37 (5) of the Act means the cases falling under any of the following subparagraphs:
1. The case of emergency restoration from disasters;
2. The case of river work implemented by the river management agencies (including river work undertaken by the said agencies by proxy under Article 28 of the Act) and the case of river management;
3. The case of maintenance and repair of road implemented directly by the head of the national agency or Mayor/Do governor;
4. The case of installing structures which is to become the property of the State or local government;
5. The case where a school juristic person opens and operates a private school under the Private School Act; and
6. The case of serving military operations or the national security. (2) The term "business which is prescribed by the Presidential Decree" in subparagraph 2 of Article 37 (5) of the Act means the project of installing electricity supply facilities, telecommunication facilities, oil pipe lines, gas supply facilities and heat transport facilities.
(3) The river management agencies may reduce or exempt occupancy fee, etc. by the following criteria according to Article 37 (5) of the Act:
1. In cases falling under subparagraph 1 of Article 37 (5) of the Act: Exemption of total amount;
2. In cases falling under subparagraph 2 of Article 37 (5) of the Act: Reduction of 1/2; and
3. In cases falling under subparagraph 3 of Article 37 (5) of the Act: Reduction and exemption according to the ratio determined by the river management agencies. Article 45 (Permission of Act in Predetermined River Land and Flood Control Area) (1) Any person who intends to obtain permission for performing an act in the area predetermined to be a river and the flood control area under the main text (excluding the subparagraphs) of Article 38 (1) of the Act shall submit a written application (submittal through electronic document also acceptable) as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs to the river management agencies.
(2) The river management agencies shall, if the contents of the application referred to in paragraph (1) are deemed to affect major national facilities such as railway, consult in advance with the head of the administrative agency concerned. (3) The term "minor acts as determined by the Presidential Decree" in the proviso of Article 38 (1) of the Act means activities falling under any of the following subparagraphs:
1. The act of restoring to the original state the structures damaged by flood or natural disaster;
2. The act of growing decorative plants which can be easily transplanted;
3. The act of improving farmland and cultivating them; and
4. The act for which permission or approval, etc. is granted according to the relevant Acts and subordinate statutes at the time of designating and publishing the predetermined river area and the flood control area. (4) The provisions of Article 37 shall apply mutatis mutandis to the permission for any act performed in a predetermined river land and flood control area as referred to in Article 38 (1) of the Act.
Article 46 (Installation of Facilities Required to Prevent/Reduce Disaster Occurrence) (1) Any person who installed the facilities falling under any of the subparagraphs in Article 39 (1) of the Act (hereinafter referred to as "dam, etc.) shall, where there is possibility of disaster occurrence due to collapse of river bed, elevation of water level at upstream of river or increased inflow of water into dam, etc., take necessary measures according to the situation.
(2) Where there is possibility of disaster occurrence if water impounded in dam, etc. is discharged, due to increased flow volume or elevated water level or surface at downstream of dam, etc., an installer of dam, etc. shall use proper methods to control the increasing flow volume thereby to prevent disaster occurrence. (3) An installer of dam, etc. shall take the measures stated hereunder to prevent occurrence of disaster due to dam, etc.:
1. Installation of alarming facilities in advance, such as siren and loudspeaker, and their operation;
2. Issuance of warning when intending to discharge reservoir water as referred to in paragraph (2);
3. Notification to the related organizations and taking other necessary measures when intending to discharge reservoir water as referred to in paragraph (2);
4. Issuance of public notice on the time of discharging as referred to in paragraph (2) and other necessary matters.
Article 47 (Installation Criteria of Hydrological Survey Facilities) (1) Where any installer of dam, etc. intends to install hydrological survey instruments pursuant to Article 40 (1) of the Act, he/she shall conduct installation according to the criteria stated hereunder:
1. Water gauge shall be installed at a proper location of upstream of dams to measure the water level and discharge volume of dams and inflow volume into dams;
2. Rain gauge shall be installed at a proper location of a water impounding zone of dam, etc. taking into account the conditions of the river, weather, etc. according to the following criteria:
a. In the case that the area of water impounding zone is less than 200 square kilometers: More than one rain gauge;
b. In the case that the area of water impounding zone is between 200 square kilometers to 600 square kilometers (200 square kilometers shall be included but 600 square kilometers shall be excluded): More than two rain gauges; and c. In the case that the area of water impounding zone is more than 600 square kilometers: More than three rain gauges.
(2) The water gauges and rain gauges to be installed pursuant to subparagraphs 1 and 2 shall be equipped with automatic recording functions. (3) Any installer of dam, etc. shall notify the following matters to the river management agencies and the Mayor/Do governor pursuant to Article 40 (2) of the Act:
1. Volume of water inflow into and rainfall at the dam reservoir;
2. Planned date and time of water discharge;
3. Planned discharge volume;
4. Water level of dam; and
5. Other matters on management status of dam, etc. (4) Any installer of dam, etc. shall install communication facilities for smooth notification as referred to in paragraph (3).
Article 48 (Discharge of Impounded Water from Dam) Any installer of dam, etc., when intending to discharge reservoir water from dam, shall obtain the approval of the Minister of Land, Transport and Maritime Affairs on each of the following subparagraphs pursuant to Article 41 (1) of the Act:
1. Volume of discharge;
2. Starting time of discharge; and
3. Duration of discharge. CHAPTER VI PRESERVATION AND MANAGEMENT OF RIVER
ENVIRONMENT
Article 49 (Designation Criteria of Preservation Area) (1) The river management agencies may designate a preservation area as referred to in Article 44 (1) of the Act within the river area falling under any of the following subparagraphs:
1. The river area which has high preservation value for maintaining the natural ecosystem of river;
2. The river area which has high effect to water supply and residents' health with abundant water quantity and good water quality;
3. The river area which offers peculiar landscape, natural or geological features;
4. The river area which can represent diverse ecosystems of a river or be a sample;
5. The river area which owns a unique historical or cultural value; and
6. The river area which is deemed by the river management agencies as worthy to be preserved, besides those listed in subparagraphs 1 through 5. (2) In the event that the preservation area designated under paragraph (1), or any river area listed in subparagraphs of paragraph (1), is damaged or destroyed due to human interference, natural disaster, etc. and that their restoration is necessary to preserve the natural, historical or cultural value, the river management agencies may designate a restitution area within the river area pursuant to Article 44 (1) of the Act. (3) The river management agencies may designate a hydrophile zone within the river area falling under any of the following subparagraphs pursuant to Article 44 (1) of the Act. In this case, the scope of designating such hydrophile zone shall be limited to the minimum required to preserve the nature and ecosystem environment of the river:
1. The river area where commercial trade is conducted after obtaining permission to occupy river on the pretext of direct or indirect hydrophile activities;
2. The river area where hydrophile activities have been performed vigorously from the past;
3. Other river area which the river management agencies deem it necessary to designate as hydrophile zone.
(4) Detailed matters on designation criteria, etc. for preservation area, restitution area and hydrophile zone shall be determined by the Minister of Land, Transport and Maritime Affairs through consultation with the head of the central administrative agency concerned.
Article 50 (Designation of Preservation Area, Etc.) (1) The river management agencies shall, when intending to designate a preservation area, restitution area and hydrophile zone in formulating the river basic plan as referred to in Article 44 (1) of the Act, prepare a topography drawing on a scale of 1 to 5,000 or larger which shows such areas/zones, their extent and land registration, and attach it to the river basic plan.
(2) In the case that the matters on designation of preservation area, restitution area and hydrophile zone are contained in the river basic plan as referred to in Article 44 (1) of the Act, such areas/zones shall be deemed to have been designated on the date when the river management agencies issue public notice of the river basic plan. Article 51 (Designation of Angling-Prohibited Area, Etc.) (1) The Mayor/Do governor shall, when intending to designate an area in which the acts of camping, cooking and fishing are prohibited according to each item of subparagraph 6 of Article 46 of the Act, take into account the matters falling under each of the following subparagraphs:
1. The purpose of utilizing a river;
2. The current state of pollution source;
3. The degree of contamination of water quality;
4. The current state of the collection and disposal of garbage in adjacent areas; and
5. The current state of the species of inhabiting fish and underwater ecosystem. (2) The Mayor/Do governor shall, when he/she designates an area in which the acts of camping, cooking and fishing are prohibited, issue a public notice of the matters falling under each of the following subparagraphs:
1. The location of prohibited area and the prohibited matters;
2. The restrictions on the act of fishing such as the time and manner of fishing, etc. (limited to fishing-prohibited area only);
3. The fine for negligence against any violator of the prohibited matters; and
4. The method of disposing garbage generated in the prohibited area. (3) The Mayor/Do governor shall, when he/she issues a public notice as referred to in paragraph (2), post signs announcing the contents of such notice at both sides and middle of the prohibited area.
Article 52 (Prohibition of River Use, Etc.)
(1) The river management agencies shall set up marks announcing the prohibition or restriction on river use as prescribed in Article 47 (1) of the Act (hereinafter referred to as "prohibition of use, etc.") at both sides and middle of the area concerned, and publish the contents of such prohibition of use, etc. in a daily newspaper published in the region.
(2) The river management agencies shall, when they issuing a public notice as referred to in paragraph (1), notify the contents thereof to the persons listed hereunder without delay:
1. Any person who has obtained permission of river occupancy for the area pertaining to the prohibition of use, etc.;
2. Any person who has obtained permission to use river water for the area pertaining to the prohibition of use, etc.
Article 53 (Deposit of Cost for Restoration to Original State) (1) The river management agencies shall have the applicant for permission under Articles 30, 33 and 50 of the Act, deposit an amount equivalent to the cost required for restoration to original state as prescribed in Article 48 (1) of the Act, with a financial institution designated by the said agencies in the joint names of the applicant and the said agencies after computation of the amount according to the criteria hereunder:
1. In the case that post-arrangement is needed after the extraction of river products such as earth, stones, sands and gravels, the establishment of skating rink or other river occupancy activity: 30/100 of river occupancy fee.
2. In the case that new construction, reconstruction or alteration of structures as well as excavation, banking or cutting of land, and other changes in the form and quality of such land are done: Actual cost required for restoration to original state. (2) Notwithstanding paragraph (1), the applicant for permission may deposit the guaranty certificates referred to in each subparagraph of Article 30 (2) with the river management agencies. In this case, the deposit period of such guaranty certificates shall be six months from the expiration date of the permission period or, if the permission period is extended, six months from expiration date of the extended permission.
(3) The river management agencies shall, in the event that a river is restored to its original state or it is deemed unnecessary to restore a river to its original state, return the deposits prescribed in paragraph (1).
CHAPTER VII USE OF RIVER WATER AND DISPUTE MEDIATION Article 54 (Order of Priority in Distributing Water) The priority of distributing water as referred to in Article 49 (2) of the Act shall be in the descending order of water for livelihood, industry, agriculture, and other purposes. The priority of distribution among water for other purposes shall be determined by the River Water Adjustment Council provided in Article 53 (3) of the Act. Article 55 (Permission to Use River Water, Its Change, Etc.) (1) Any person who intends to obtain permission to use river water shall submit a written application as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs to the Minister of Land, Transport and Maritime Affairs. (2) The term "major items as determined by the Presidential Decree" in the latter part of Article 50 (1) of the Act means each of the following subparagraphs:
1. The purpose of using river water;
2. The period of using river water;
3. The location of drawing river water and drawing facilities;
4. The permitted quantity of drawing river water; and
5. Special matters attached in granting permission. (3) The Minister of Land, Transport and Maritime Affairs shall, when he/she grants permission to use river water, deliver a permission certificate to the applicant as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs, and enter it in the permission register and manage it. (4) The Minister of Land, Transport and Maritime Affairs shall, on granting permission to use river water, publish matters falling under each of the following subparagraphs in the official gazette:
1. The title of permission to use river water;
2. The name and address of user (in case of a corporation, the name and address of such corporation and the name of its representative);
3. The purpose and summary of using river water;
4. The location to draw river water and the quantity permitted; and
5. The effective period of permission to use river water. Article 56 (Preservation of River Water)
The term "other cases deemed necessary for preservation of river water as prescribed by the Presidential Decree" in subparagraph 4 of Article 50 (3) of the Act means the cases falling under any of the following subparagraphs:
1. The case where the water quantity applied for permission is excessively large compared to the purpose and capacity of drawing water;
2. The case where the flowing water volume of the river for permission is below the criteria for permission of river water use, or the case that flowing water volume is insufficient to maintain the normal function and state of the river prescribed in Article 51 (1) of the Act (hereinafter referred to as "flowing water volume for river maintenance");
3. The case where the right of vested river user who is using water at downstream of the water drawing location (applied for permission) is infringed, thus the consent of the vested river user is not obtained;
4. Where the river water volume is expected to decrease considerably due to repeated use of water.
Article 57 (Collection of Fee for River Water Use) (1) The fee for using river water as prescribed in Article 50 (5) of the Act (hereinafter referred to as "river water using fee") shall be computed by the criteria listed in the following subparagraphs:
1. Water for power generation: Annual fee of 231 won for 100 cubic meters per day;
2. Water for agriculture: Annual fee of 231 won for 1,000 cubic meters per day;
3. Water for livelihood and industry (limited to thermal power generation): The rate or using fee approved by the Minister of Land, Transport and Maritime Affairs according to Article 16 (2) of the Korea Water Resources Corporation Act; and
4. Water for other purposes: The rate or using fee referred to in subparagraph 3 shall be applied.
(2) Matters required for computation and collection of the fees for using river water shall be prescribed by municipal ordinances of Cities/Dos. Article 58 (Reduction and Exemption of River Water Using Fee) (1) The provisions of Article 44 (3) shall apply mutatis mutandis to the reduction and exemption of river water using fee as referred to in Article 50 (9) of the Act. (2) Notwithstanding paragraph (1), the river water using fee shall be exempted for the cases hereunder:
1. The case that the river management agencies use river water within the limit of the flowing water volume which is the criteria for river water use permission by the said agencies;
2. The case that the river water user pays usage fee to the Korea Water Resources Corporation pursuant to Article 16 of the Korea Water Resources Corporation Act. Article 59 (Selection of Standard Location, Etc.) (1) The Minister of Land, Transport and Maritime Affairs shall, when intending to compute the flowing water volume for river maintenance, consult in advance with the head of the administrative agency concerned.
(2) The Minister of Land, Transport and Maritime Affairs shall, when intending to select major locations which can represent the state of flowing water in rivers (hereinafter referred to as "standard location") pursuant to Article 51 (2) of the Act, take into account the locations in the following subparagraphs:
1. The location which can be a standard for managing the quantity and quality of river water;
2. The location for which the hydrology data observed in the past are sufficiently available and the observation of flowing volume is conducted continuously;
3. The location where flowing water is used in a large quantity;
4. The location which is not affected by changes in the sea water level;
5. The location not belonging to the area where flowing water is impounded, such as a dam or estuarine levee;
6. The location where the flowing water volume for river maintenance can be kept at a certain level using to the river facilities; and
7. The location for which a plan of securing new river water has been prepared with installation of river facilities.
(3) The Minister of Land, Transport and Maritime Affairs shall, when intending to determine the standard location and the flowing water volume for river maintenance, go through the deliberation of the River Water Adjustment Council as prescribed in Article 53 (3) of the Act.
(4) The Minister of Land, Transport and Maritime Affairs shall, when he/she determines the flowing water volume for river maintenance, issue public notice of the matters listed hereunder by dividing the volume which can be secured now and the volume required to be secured newly. The same shall apply when he/she changes the flowing water volume for river maintenance already published:
1. The sphere, water system, name and level of river;
2. The name and location of standard location;
3. The flowing water volume for river maintenance; and
4. Other matters required for designation of the flowing water volume for river maintenance.
Article 60 (Scope of River Water User)
The term "users of river water as determined by the Presidential Decree" in Article 52 (1) of the Act means persons falling under any of the following subparagraphs:
1. Any person who draws water for industrial purpose at a volume of 1,000 cubic meters or more per day;
2. Any person who draws water for daily living purpose at a volume of 5,000 cubic meters or more per day; and
3. Any person who draws water for agricultural purpose at a volume of 8,000 cubic meters or more per day.
Article 61 (Adjusting Permission Quantity, Etc.)
The Minister of Land, Transport and Maritime Affairs shall, when he/she adjusts the quantity of permission as prescribed in Article 53 (1) of the Act, record its contents on the permission certificate and permission register provided in Article 55 (3), while publishing it in the official gazette.
Article 62 (Composition of River Water Adjustment Council) (1) The River Water Adjustment Council prescribed in Article 53 (3) of the Act (hereinafter referred to as the "Adjustment Council") shall be established under the competent flood control office and composed of not more than twenty members including one chairman.
(2) The head of the relevant flood control office shall be the chairman of the Adjustment Council, and its members shall be appointed or commissioned by the chairman among the persons listed hereunder:
1. General public officials belonging to the river management agencies and the flood control office;
2. Persons of profound learning and experience in the development of water resources, rivers, cities, environment, laws or economy;
3. Persons falling under any of the following items: a. Right-holders of river water in the river area; b. Persons who have interests in river water use in the river area; and c. Persons recommended by the Mayor/Do governor among those belonging to civic organizations.
4. Persons recommended by installers of dam, etc.; and
5. Persons deemed by the chairman to have interests in the use of river water. (3) The chairman shall represent the Adjustment Council and exercise overall control of the work of the Council: Provided that if the chairman is unable to perform his/her duties due to inevitable reason, a member who has been appointed by the chairman beforehand shall act on behalf of the chairman in performing the chairman's duties. Article 63 (Function of Adjustment Council)
The Adjustment Council shall deliberate on the matters listed in the following subparagraphs:
1. Matters on adjustment and distribution of river water;
2. Matters on operation of the Adjustment Council;
3. Other matters concerning adjustment of river water, which the chairman presents for discussion at the Council meeting.
Article 64 (Secretary)
(1) The Adjustment Council shall have a secretary to perform administrative works of the Council.
(2) The secretary shall be appointed by the chairman among public officials of the agency to which the chairman belong.
Article 65 (Meeting)
(1) The meetings of the Adjustment Council shall be convened by the chairman. (2) The meetings of the Adjustment Council shall open with the attendance of a majority of its members and resolved with the consent of a majority of its members present. (3) When convening a meeting as referred to in paragraph (1), the meeting schedule shall be informed to the members ten days before opening the meeting. Article 66 (Minutes)
(1) The secretary of the Adjustment Council shall prepare and maintain minutes of the meeting.
(2) The minutes referred to in paragraph (1) shall include the date and place, the contents of adjustment and other matters of the meetings.
Article 67 (Allowances and Travel Expenses)
Allowances and travel expenses may be paid to the members attending the meetings of the Adjustment Council within the limit of budget: Provided that the same shall not apply to the cases where public servants attend the meetings as members in relation to their duties. Article 68 (Rules for Operation)
Matters required for composition and operation of the Adjustment Council, other than those provided for in this Enforcement Decree, shall be as determined by the Minister of Land, Transport and Maritime Affairs.
Article 69 (Application for Mediation)
Any person who intends to apply for a dispute mediation regarding use of river water under Article 54 (1) of the Act shall submit a written application as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs, attaching a document on the proceeding of negotiation between both parties and other documents that can be referred to in dispute mediation, to the Central River Management Committee. Article 70 (Request for Expert Opinion, Etc.)
On receiving the written application referred to in Article 69, the Central River Management Committee may, if necessary, request a specialized agency concerned to judge, affirm, test, etc. the dispute case.
Article 71 (Procedure of Hearing Opinion)
The Central River Management Committee shall, when intending to hear opinions from the parties and related expert as referred to in Article 54 (7) of the Act, inform them in writing seven days before holding the meeting.
Article 72 (Bearing of Expenses)
(1) The scope of expenses used for investigation and services for the dispute mediation as referred to in Article 57 (1) of the Act shall be comprised of the following subparagraphs:
1. The expenses required for judgment, affirmation and test, etc.;
2. The expenses required for summoning witnesses or evidence;
3. The expenses required for examination and investigation; and
4. The expenses required for mediation such as recording, stenography and interpretation, etc.
(2) The Central River Management Committee shall, when intending to have the expenses required for dispute mediation deposited pursuant to Article 57 (2) of the Act, determine the amount to be deposited, details of such amount, place and period of deposit, and inform them in writing to the applicant for the dispute mediation. (3) The Central River Management Committee may, in the case that the applicant for the dispute mediation fails to deposit the expenses by the period prescribed in paragraph (2), withhold mediation of such dispute applied under Article 54 of the Act. (4) The Central River Management Committee shall, when it notifies the rejection or suspension of dispute mediation under Article 55 of the Act or suggests a draft mediation under Article 56 (1) of the Act, prepare a settlement of accounts for the mediation expenses and notify it to the applicant within five days from the date of such notification or suggestion.
CHAPTER VIII COST AND REVENUE ON RIVER
Article 73 (Scope of Cost and Revenue on River)
(1) The scope of costs for river work and maintenance/repair of river as referred to in Article 58 of the Act shall include the following subparagraphs:
1. Cost required for river work;
2. Cost required for maintenance and repair of rivers;
3. Cost for inspection, survey and design of rivers;
4. Cost required for purchase of and compensation for land needed for river work, etc.;
5. Cost required for purchase, relocation and compensation of structures needed to maintain and repair rivers or materials impeding them;
6. Cost required for loss compensation under Articles 76 and 77 of the Act; and
7. Other costs required for management of rivers. (2) The scope of revenues gained from a river as referred to in Article 58 of the Act shall include the following subparagraphs:
1. Fees for occupancy and use of river, etc.;
2. Disposal amount of the structures which have become national property or public property under Article 48 (3) of the Act, and other materials;
3. Disposal amount of desolate river sites which have been conceded pursuant to Article 85 of the Act;
4. Permission fees as referred to in Article 89 (1) of the Act; and
5. Other revenues generated from management and operation of rivers. Article 74 (Bearing of Cost by City/Do)
(1) The costs which the Minister of Land, Transport and Maritime Affairs may have any City/Do bear partially under Article 61 (1) and (2) of the Act shall be in accordance with the following criteria:
1. The case of bearing the cost required for maintenance and repair of a national river by the City/Do concerned pursuant to Article 59 of the Act: Within the limit of one fourth of the cost;
2. The case of bearing the cost on a river by the National Treasury as referred to in Article 60 of the Act: Within the limit of one third of the cost;
3. The case of bearing part of the cost by the City/Do that receives benefits from river work or maintenance/repair of a river as referred to in Article 61 (2) of the Act: within the limit of one fourth of the cost.
(2) The Minister of Land, Transport and Maritime Affairs shall, when intending to have part of the cost for river work or maintenance and repair of a river shared according to paragraph (1), consult with the Minister of Public Administration and Safety. (3) The Mayor/Do governor who intends to have another City/Do bear a part of the costs for river work or maintenance/repair of a river according to Article 61 (2) of the Act, shall submit a written request containing the names of rivers and river work, construction cost, amount to be shared, etc. to the Minister of Land, Transport and Maritime Affairs.
(4) The Minister of Land, Transport and Maritime Affairs shall, when he/she deems the request as referred to in paragraph (3) reasonable, notify in writing (electronic document is also acceptable) to the other City/Do that receives the benefit to share the cost. In this case, a copy of the written request stated in paragraph (3) shall be attached to such notification.
Article 75 (Bearing of Cost by City/Gun/Gu)
(1) The amount of charges which the Mayor/Do governor can have the related City/Gun/Gu (means autonomous Gu; hereinafter the same shall apply) share under Article 61 (3) of the Act, shall be within the limit of one fourth of the amount borne by the Mayor/Do governor.
(2) The Mayor/Do governor shall, when intending to have the related City/Gun/Gu share under Article 61 (3) of the Act, determine the names of rivers, river work, construction cost, amount to be shared, etc. and notify them in writing (electronic document is also acceptable).
Article 76 (Scope of Subsidy for Cost)
(1) The term "River work as determined by the Presidential Decree" in Article 64 (2) of the Act means work falling under any of the following subparagraphs:
1. River work undertaken to restore from disaster;
2. River work in the area where the danger of disaster still exists or the flood disaster occurs perennially;
3. Installation of undercurrent reservoir, flood control reservoir and tailrace;
4. Other river work which is undertaken in the interests of both the State and local government and requires subsidies from the National Treasury. (2) The term "other matters as determined by the Presidential Decree" in Article 64 (3) of the Act means formulation of the river basic plan. Article 77 (Standards, Etc. for Using Revenues)
(1) Local governments shall use the revenues as referred to in Article 66 of the Act for the purposes falling under any of the following subparagraphs, but the priority shall be given to the use for subparagraphs 1 and 2:
1. Cost of maintenance and repair of rivers;
2. Compensation for land incorporated into river area;
3. Cost required to formulate the local river basic plan, and to prepare and keep management register for river facilities and hydrological survey facilities;
4. Expense required for preparation and keeping of management register on river revenues , desolate river sites, etc.;
5. Expense required for management and disposition of desolate river sites;
6. Construction cost for rivers; and
7. Other costs required for management of rivers. (2) Local governments, when collecting revenues from rivers and using them, shall submit the current status of collection and the details of use to the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
Article 78 (Interest on Refund of Payment Made by Mistake)
The term "interest as determined by the Presidential Decree" in Article
68 of the Act
means the interest as referred to in Article 73 of the Enforcement Decree of the National
Property Act.
CHAPTER IX SUPERVISION
Article 79 (Storage and Handling of Occupied Fixtures and Others in Use)
(1) The river management agencies shall, when removing
the occupied fixtures and others
in use under Article 73 (1) of the Act, take measures so that their owner or manager
may easily
learn of the place of their storage, etc. as prescribed by the Ordinance of
the Ministry of Land, Transport and Maritime Affairs.
(2) The river management agencies shall, when storing the occupied fixtures and others in
use as referred to in paragraph (1),
issue a public notice thereof at their bulletin board
or on their website for a certain period as prescribed by the Ordinance of
the Ministry
of Land, Transport and Maritime Affairs, and prepare and keep inventory of the
removed fixtures/others so that any
interested persons may access it for perusal.
(3) The river management agencies shall, when they are unable to identify the owner
or
manager even after the period of notice in paragraph (2) has elapsed, issue again a
public notice of the same contents as in
paragraph (2) in a daily newspaper and on a
website: Provided, that if they are deemed to have no property value worth publishing
in a daily newspaper, the notice may be given on their website only.
(4) In the event that the fixtures/others in use are feared
to be qualitatively changed,
defaced or destroyed, etc. while being kept in storage under paragraph (1), the river
management agencies
may sell them and keep the proceeds therefrom. In this case,
the provisions of paragraphs (2) and (3) shall apply mutatis mutandis
to publishing of
the keeping of such proceeds.
(5) When the fixtures/others are sold according to paragraph (4), with the exception of the
cases falling under any of the following
subparagraphs, they shall be sold by means of
a competitive bidding under the conditions as prescribed by the Act on Contracts to
Which the State is a Party or the Act on Contracts to Which Local Government is a
Party:
1. Where it is deemed that there will be no bidder even if they are placed in a
competitive bidding; and
2. Where they are of little property value worth placing them in a competitive
bidding and such competitive bidding is deemed inappropriate.
Article 80 (Return of Occupied Fixtures and Others in Use)
(1) The river management agencies shall, when intending to return the
occupied fixtures
and others in use (including proceeds from selling them) to their owner or manager,
receive a written request
for return and confirm whether the applicant for return is a
justifiable right holder.
(2) The river management agencies may, when intending to return the fixtures/others as
referred to in paragraph (1), collect the
expenses required for removal, transport,
storage or sale of them from the owner or manager.
Article 81 (Reversion of Unreturned
Fixtures/Others)
The river management agencies may, when they are unable to identify the owner or
manager of the fixtures/others
within the period prescribed in Article 253 of the Civil Act or
there has been no request for return, revert them to the National
Treasury in the case that the
Minister of Land, Transport and Maritime Affairs is the river management agencies and
revert them
to the City/Do concerned in the case that the Mayor/Do governor is the said
agencies.
Article 82 (Inspection on Status of River Management)
(1) The river management agencies shall conduct inspections on the matters
falling under
each of the following subparagraphs by the end of May every year as prescribed in
Article 74 (1) of the Act, and
take necessary measures therefor:
1. The maintenance state of embankment, bank protections, etc.
2. The maintenance/repair conditions of structures such as floodgate attached to
embankment;
3. The current status of various obstacles that interfere with the flow of river water;
4. The state of illegal occupancy and use of river; and
5. Other matters required for maintenance of rivers such as flood disaster prevention.
(2) The river management agencies shall notify
the inspection items and results of
measures under paragraphs (1) to the Minister of Land, Transport and Maritime
Affairs as prescribed
by the Ordinance of the Ministry of Land, Transport and
Maritime Affairs.
CHAPTER X SUPPLEMENTARY PROVISIONS
Article 83 (Application for Adjudication)
The provisions of Article 40 shall apply mutatis mutandis to the application for
adjudication under Article 76 (3) of the Act (including
the case where it is applied mutatis
mutandis pursuant to Article 77 of the Act).
Article 84 (Procedure of Purchase)
(1) Any person who intends to request for purchase of his/her land under Article 79 (1) of
the Act (hereinafter referred to as "purchase
requester") shall submit a written request
for purchase determined by the Ordinance of the Ministry of Land, Transport and
Maritime
Affairs to the river management agencies.
(2) The river management agencies shall, on receiving the purchase request as referred
to
in paragraph (1), judge whether the requested land pertains to the criteria of purchase
decision as prescribed in Article 85
(hereinafter referred to as the "purchase criteria"),
and notify to the purchase requester of their decision on whether purchasable
or not
and, if purchasable, the estimated purchasing price.
(3) The estimated purchasing price provided in Article 80 (1) of the
Act (hereinafter
referred to as the "estimated purchasing price") shall be the declared price of the land
concerned (referring
to individual land price declared under Article 11 of the Public
Notice of Values and Appraisal of Real Estate Act; hereinafter
the same shall apply.)
(4) The river management agencies shall, when notifying the estimated purchasing price
under paragraph (2),
entrust more than two appraisal business operators (referring to
appraisal business operators as prescribed in Article 2 (9) of
the Public Notice of
Values and Appraisal of Real Estate Act; hereinafter the same shall apply) with the
appraisal of the land
for purchase, and decide the purchasing price by adopting the
computation method, etc. as prescribed in Article 87.
(5) The river
management agencies shall, when intending to entrust appraisal pursuant to
paragraph (4), notify the purchase requester of the fact
of entrusting appraisal no later
than one month before such entrustment.
(6) The river management agencies shall, when deciding the purchasing price pursuant to
paragraph (4), notify promptly thereof to
the purchase requester.
Article 85 (Criteria for Deciding Land for Purchase)
The criteria for deciding whether any land is eligible
for purchase as prescribed in Article
79 (1) of the Act (hereinafter referred to as "land subject to purchase") shall be in accordance
with the following subparagraphs. In this case, it shall be a precondition that any decrease of
utility, non-usability or non-profitability
of the land is not attributable to the purchase
requester:
1. Any land whose utility has been considerably decreased since it cannot be used
for its original purpose any longer: As the land
for purchase cannot be used for its
original category set before designation of the river area (or the category actually
applied
to the land and certified by official document) at the time of purchase
request, it shall be required that the declared price of
the land be less than 50/100
of the average declared price of similar lands located in the same administrative
district; and
2. The land which is no longer usable or profitable: It shall be required that use of
the land or receiving benefit from the land
be impossible due to restriction of an
act as prescribed in Articles 33 and 46 of the Act.
Article 86 (Expenses for Desolate River
Site, Etc.)
The term "within the period determined by the Presidential Decree" in Article 80 (2) of
the Act means three years from
the date of notifying the decision of `purchasable' to purchase
requester.
Article 87 (Period and Method of Computing Purchasing Price)
(1) The term "fluctuation rate of land prices and rising rate of producers'
commodities
prices determined by the Presidential Decree" means the fluctuation rate of land
prices investigated by the Minister
of Land, Transport and Maritime Affairs under
Article 125 (1) of the Enforcement Decree of the National Land Planning and
Utilization
Act, as well as the rising rate of producers' commodities prices computed
according to producers' commodities indices investigated
and prepared by the Bank
of Korea under Article 86 of the Bank of Korea Act.
(2) The purchasing price of the land subject to purchase
as prescribed in Article 80 (3) of
the Act shall be the mathematical mean of the appraisal values assessed by more than
two appraisal
business operators based on standard land prices declared according to
subparagraph 5 of Article 2 of the Public Notice of Values
and Appraisal of Real
Estate Act.
(3) Article 68 (2) of the Act on the Acquisition of Land, Etc. for Public Works and the
Compensation Therefor shall apply mutatis
mutandis to the selection of appraisal
business operators referred to in paragraph (2).
Article 88 (Payment Notice of Appraisal Fee, Etc.)
(1) The river management agencies may have the purchase requester bear the entire
appraisal fee among the expenses required for the appraisal as prescribed in the main
text of Article 81 (2) of the Act.
(2) The river management agencies shall, when they intend to have the purchase
requester bear the appraisal fee as referred to in
paragraph (1), issue a payment notice
containing each of the following subparagraphs to the purchase requester within seven
days
from the withdrawal date of the purchase request:
1. The name and address of land owner (in the case that the owner is a corporation,
the name and address of the corporation and the
name of its representative);
2. The lot number and area of the land concerned;
3. The amount of appraisal fee to be paid;
4. The period of payment;
5. The breakdown of the appraisal fee; and
6. The reason for payment.
(3) The purchase requester shall, on receiving the payment notice as referred to in
paragraph (2), pay
the noticed appraisal fee to the river management agencies within
one month from the date of receiving such notice
Article 89 (Ratio)
The term "ratio determined by the Presidential Decree" in the proviso of Article 81 (2) of
the Act means 30/100.
Article 90 (Report and Entry, Etc.)
(1) The term "government-invested institution as prescribed by the Presidential Decree"
in Article 82 (1) of the Act means an institution
falling under any of the following
subparagraphs:
1. The Korea Land Corporation under the Korea Land Corporation Act;
2. The Korea National Housing Corporation under the Korea National Housing
Corporation Act;
3. The Korea Water Resources Corporation under the Korea Water Resources
Corporation Act; and
4. The Korea Agricultural and Rural Infrastructure Corporation under the Korea
Agricultural and Rural Infrastructure Corporation
and Farmland Management
Fund Act.
(2) The rate of fee for delegation or entrustment as referred to in Article 82 (2) of the Act
shall be as per the Attached Table
4.
Article 91 (Exchange of Desolate River Site, Etc.)
(1) The river management agencies shall, when intending to exchange a desolate
river
site as referred to in Article 85 (1) of the Act, take into account the current state of the
land which is newly incorporated,
or has been already incorporated, into a new river
area, and the land register, hydraulic conditions, etc.
(2) The Minister of
Land, Transport and Maritime Affairs shall exchange a desolate river
site, etc. as referred to in Article 84 (1) of the Act based
on the prices falling under
each of the following subparagraphs:
1. Price of desolate river site, etc. shall be based on the price at the time of
transaction; and
2. Prices of the lands newly incorporated into, and already incorporated into, a new
river area shall be the prices falling under
any of the following:
a. The land price valid at the time of incorporation, added with the land-price
fluctuation value assessed
from the land-price fluctuation rate under Article
125 (1) of the Enforcement Decree of the National Land Planning and
Utilization
Act (hereinafter referred to as "land-price fluctuation value") for
the period until the time of transaction;
b. The price of a land located nearby and similar to the land at the time of its
incorporation, which is quoted at the time of its
transaction.
Article 92 (Concession of Desolate River Site, Etc.)
(1) The Minister of Land, Transport and Maritime Affairs shall
concede a desolate river
site, etc. under Article 85 (1) of the Act with priority in the descending order of the
following subparagraphs:
1. Order no. 1: Owner of the land before its incorporation into river, who has not
been compensated for his/her land or has not received
any desolate river site, etc.
in exchange for the land;
2. Order no. 2: Any person who has undertaken a river work pursuant to Articles 28
and 30 of the Act; and
3. Order no. 3: The Mayor/Do governor who implements the maintenance and repair
of a national river.
(2) Any original land owner referred to in paragraph (1) shall be granted a concession of
a desolate river site, etc. whose price
is equivalent to the price of his/her original land.
In this case, the price of the desolate river site, etc. and that of the original
land shall
be calculated on the basis of the following subparagraphs:
1. The price of a desolate river site, etc. shall be based on the price at the time of
concession; and
2. The price of the original land shall be calculated by adding the land-price
fluctuation value (for the period until the time of
concession) to the land price at
the time of incorporation, or based on the price of a land which is located nearby
and similar
to the land at the time of incorporation whose price is quoted at the
time of concession.
(3) Any contractor of a river work referred to in subparagraph 2 of paragraph (1) shall be
granted a concession of a desolate river
site whose price is equivalent to the cost of
such work. In this case, the price of such desolate river site, etc. and the cost
of work
shall be calculated on the basis of the following subparagraphs:
1. The price of the desolate rive site, etc. shall be based on the appraised price by the
appraisal agency at the time of work completion,
and in the case that the price of
the desolate river site, etc. has risen by the contractor's payment of utility
expenses to the
desolate river site etc., the increased portion from the existing
price shall be deducted from the appraised price: Provided, that
when the price of
the desolate river site (generated from river work) apparently falls short of the cost
of work, it shall be based
on the price calculated according to the publicly
announced price of a land which is located nearby and similar to the land; and
2. The cost of work shall be the amount calculated at the time of work completion
according to Article 9 of the Enforcement Decree
of the Act on Contracts to
Which the State is a Party or Article 10 of the Enforcement Decree of the Act on
Contracts to Which
Local Government is a Party
Article 93 (Contents of Deliberation by River Management Committee)
The term "matters on management of a river prescribed by the
Presidential Decree" in
subparagraph 4 of Article 87 (2) of the Act means the matters falling under each of the
following subparagraphs:
1. Matters on estimating the flowing water volume for river maintenance;
2. Matters on disaster prevention of rivers; and
3. Matters on prevention of drying up of rivers.
Article 94 (Duties of Chairman)
(1) The chairman of the river management committee as prescribed in Article 87 (1) of
the Act (hereinafter referred to as the "river
management committee") shall represent
the committee and exercise overall control of the business.
(2) In the case that the chairman
is unable to perform his/her duties due to inevitable
reasons, the vice-chairman shall act on behalf of the chairman, and in case
both the
chairman and vice-chairman are unable to perform their duties due to inevitable
reasons, a member designated in advance
by the chairman shall vicariously perform
the chairman's duties.
Article 95 (Meeting)
(1) The chairman shall, when he/she deems it necessary, convene a meeting of the river
management committee.
(2) The meeting of the river management committee shall open with the attendance of a
majority of its members and be resolved with
the consent of a majority of its members
present.
Article 96 (Expert Member)
(1) The river management committee may, when it is deemed necessary for the efficiency
of deliberation, have expert members.
(2) The expert members referred to in paragraph (1) shall be commissioned by the
chairman among persons of professional learning
and experiences with respect to the
development of water resources and rivers.
Article 97 (Secretary and Clerk)
(1) The river management committee shall have a secretary and several clerks.
(2) The secretary and clerks of the river management
committee shall be appointed by the
chairman among public servants of the administrative agency to which the chairman
belongs.
Article 98 (Minutes)
(1) The secretary of the river management committee shall, upon the order from the
chairman, prepare and keep minutes.
(2) The minutes referred to in paragraph (1) shall include the date and place, the contents
of deliberation and other matters of
the meeting.
Article 99 (Allowances and Travel Expenses)
Allowances and travel expenses may be paid to the members and expert members
attending the meeting within the limit of budget: Provided
that the same shall not apply to the
case where public servants attend the meeting as members in relation to their duties.
Article
100 (Composition and Operation of Subcommittees)
(1) The types of subcommittees to be established at the Central River Management
Committee under Article 87 (7) of the Act, and the businesses under their jurisdiction,
shall be as per division of the following
subparagraphs: Provided, that in the case of
establishing subcommittees at a local river management committee, the types and
businesses
under their jurisdiction shall be determined by the local river management
committee concerned:
1. The 1st subcommittee: Among the Hangang water system within the Hangang
sphere, the downstream basin of Paldang dam, the stream
of Anseoungchun and
the river of Hangang west sea sphere;
2. The 2nd subcommittee: Among the Hangang water system within the Hangang
sphere, the upstream basin of Paldang dam, the rivers
of Yangyang Namdaechun,
Gangreung Namdaechun, Samcheok Osipchun and Hangang east sea sphere;
3. The 3rd subcommittee: Nakdonggang sphere;
4. The 4th subcommittee: Geumgang sphere; and
5. The 5th subcommittee: Yeongsangang, Seomjingang and Jejudo sphere.
(2) The subcommittees as referred to in paragraph (1) shall
be composed of ten to fifteen
members including one chairman.
(3) Members of each subcommittee shall be selected by the competent river management
committee from among its members, and members
of any river management
committee shall be eligible to be members of two subcommittees or more.
(4) The chairman of each subcommittee
shall be the persons stated hereunder:
1. The 1st subcommittee: Head of the Seoul Regional Construction and Management
Administration;
2. The 2nd subcommittee: Head of the Weonju Regional Construction and
Management Administration;
3. The 3rd subcommittee: Head of Busan the Regional Construction and
Management Administration;
4. The 4th subcommittee: Head of the Daejeon Regional Construction and
Management Administration; and
5. The 5th subcommittee: Head of the Iksan Regional Construction and Management
Administration.
(5) The meeting of each subcommittee shall open with the attendance of a majority of its
members and resolve with the consent of
a majority of its members present.
(6) Among the matters to be deliberated by a river management committee, the matters
related
to more than two subcommittees or overall management of a river shall be
deliberated by the competent river management committee
regardless of the
businesses under the jurisdiction of each subcommittee listed in paragraph (1).
Article 101 (Rules for Operation)
The chairman shall determine necessary matters concerning the operation of the river
management committee, other than the matters
provided in this Enforcement Decree, after a
decision made by the committee.
Article 102 (Notice of Authorizing Establishment of Association)
The Ministry of Land, Transport and Maritime Affairs shall, when
he/she authorizes the
establishment of an association under Article 88 (1) of the Act (hereinafter referred to as the
"association"),
issue public notice of the purpose, name, location of main office and matters
on business of the association in the official gazette.
Article 103 (Items for Articles of Association)
The association shall have the following matters included in its articles of association:
1. The purpose;
2. The name;
3. The location of main office;
4. The businesses;
5. The eligibility for membership;
6. Director and staff;
7. General assembly and board of directors;
8. Finance and accounting; and
9. Amendment of articles of association.
Article 104 (Supervision of Association)
(1) The Minister of Land, Transport and Maritime Affairs shall supervise the business of
the association.
(2) The Minister of Land, Transport and Maritime Affairs may order the association to
report on its business or submit data related
thereto or other required matters when
deemed necessary for guidance and supervision.
Article 105 (Delegation of Authority)
(1) The Minister of Land, Transport and Maritime Affairs shall delegate part of his/her
authority falling under each of the following
subparagraphs among his/her agencies to
the Mayor/Do governor pursuant to Article 92 (1) of the Act:
1. The authority falling under each of the following items concerning national rivers:
a. The receiving of report on the succession
of rights under the provisions of
Article 5 (2) of the Act (limited to the matters permitted by the Mayor/Do
governor);
b. The permission of river occupancy and public notice thereof under
subparagraphs 1, 5 and 6 of Article 33 (1) of the Act;
c.
The execution of occupancy work by proxy under Article 36 (1) of the Act and
notification of the work period under Article 36 (2)
of the Act (limited to the
matters permitted by the Mayor/Do governor);
d. The permission of any act in a predetermined river land and flood control area
under Article 38 of the Act;
e. The ordering of restitution, exemption of restitution duty, nationalization of
structures, etc. and deposit of restitution costs
under Article 48 of the Act
(limited to the matters permitted by the Mayor/Do governor);
f. The return of payments made by mistake
under Article 68 of the Act (limited
to payments imposed by the Mayor/Do governor);
g. The disposition, etc. to violators of laws and regulations under Article 69 of
the Act (limited to the matters for which the
authority concerning permission
is delegated to the Mayor/Do governor);
h. The ordering of disposition or measures under Article 70 of the Act (limited to
the matters permitted by the Mayor/Do governor);
i. The removal, storage, handling and other necessary measures for occupied
fixtures and others in use under Article 73 of the Act;
j. The access, etc. to other's land under Article 75 of the Act (limited to the
matters for which the authority concerning permission
is delegated to the
Mayor/Do governor);
k. The collection of permission fees under Article 89 of the Act (limited to the
matters permitted by the Mayor/Do governor);
l. The reporting and entry, etc. under Article 90 of the Act (limited to the matters
for which the authority concerning permission
is delegated to the Mayor/Do
governor);
m. The hearings under Article 91 of the Act (limited to the matters permitted by
the Mayor/Do governor);
n. The imposition and collection of fine for negligence under Article 98 of the
Act (limited to the case of performing prohibited
acts in violation of Article 46
(6) of the Act); and
o. The imposition and collection of fine for negligence under subparagraphs 1, 6
and 7 of Article 98 (2) of the Act (limited to
the matters for which the
authority concerning permission is delegated to the Mayor/Do governor).
2. The exchange and concession of desolate river site, etc. for local rivers under
Article 85 of the Act (limited to the case that
desolate river site, etc. is national
property).
(2) The authority falling under each of the following subparagraphs among the agencies
of the Minister of Land, Transport and Maritime
Affairs shall be delegated to the
heads of the regional construction and management administrations under Article 92
(1) of the
Act (in the case that a river is under the jurisdiction of multiple regional
administrations, the administration that holds jurisdiction
over the longest river shall
take the authority):
1. The authority falling under each of the following items with respect to national
rivers:
a. The receiving of report on the succession of rights and obligations under the
provisions of Article 5 (2) of the Act (limited
to the matters permitted or
approved by the head of the regional construction and management
administration);
b. The consultations or approval under Article 6 (1) of the Act (excluding the
case where the work executor is the head of a central
administrative agency);
c. The consultations or approval with respect to rights and other dispositions
under Article 6 (2) of the
Act (excluding the case where the work executor is
the head of a central administrative agency);
d. The designation, alteration and revocation of a river area as well as public
notice thereof under Article 10 (1) of the Act;
e. The designation, alteration and revocation of a predetermined river land as
well as public notice thereof under Article 11 (1)
of the Act;
f. The public notice of the final decision on a river area under Article 11 (5) of
the Act;
g. The designation, alteration and revocation of a flood control area as well as
public notice thereof under Article 12 of the Act;
h. The enactment of management regulations for river facilities under Article 14
(1) of the Act, and approval of the said regulations
under Article 14 (2) of the
Act;
i. The preparation and keeping of a management register for river facilities
under Article 15 (1) of the Act;
j. The formulation or alteration of the comprehensive water control plan for a
river basin under Article 24 (1) and (2) of the Act;
k. The formulation or alteration of a river work execution plan under Article 27
(1) of the Act, and the public notice thereof;
l. The river work under the main text of Article 27 (5) of the Act;
m. The river work and maintenance/repair of rivers under Article
27 (6) of the
Act;
n. The public notice on completion of a river work under Article 27 (7) of the
Act;
o. The execution of a river work by proxy and public notice on completion of
such work under Article 28 (1) and (2) of the Act;
p. The ordering of work execution to its causer under Article 29 of the Act;
q. The permission of river work or maintenance/repair
of rivers under Article 30
(1) of the Act, and the consultation under paragraph (2) and notification under
paragraph (3) of the
same Article;
r. The ordering of deposit of work cost under Article 30 (4) of the Act;
s. The authorization of a river work execution plan, authorization
of its change
and public notice thereof under Article 30 (5) and (6) of the Act (excluding the
execution plan for river water);
t. The authorization of work completion and entrustment of inspection therefor
under Article 30 (7) and (8) of the Act (limited
to the matters for which the
authority concerning permission is delegated to the head of the regional
construction and management
administration);
u. The permission on overlapping matters under Article 30 (10) of the Act;
v. The consultation with the heads of administrative
agencies concerned under
Article 32 (3) of the Act (excluding the consultation on formulation of the
hydrological survey facilities
installation plan under Article 31 (2) of the Act)
w. The permission of river occupancy under subparagraph 2 (excluding
multipurpose
dams), subparagraph 3 (excluding multipurpose dams and
estuarine levees) and subparagraph 4 of Article 33 (1) of the Act, as well
as
the agencies under subparagraphs 5, 6 and 8 of the same Article;
x. The execution of river occupancy work by proxy and notification
of its work
period under Article 36 (1) of the Act (limited to the matters permitted by the
head of the regional construction and
management administration);
y. The prohibition or restriction of river use, public notice thereof and setting up
of marks under
Article 47 of the Act;
z. The ordering of restitution, exemption of restitution duty under Article 48 (1)
of the Act, notification under paragraph (2)
of the same Article,
nationalization of structures, etc. under paragraph (3) of the same Article and
deposit of restitution cost
under paragraph (4) of the same Article (limited to
the matters for which the authority concerning permission is delegated to the
head of the regional construction and management administration);
aa. The ordering of cost sharing to Cities/Dos under Article
61 (1) and (2) of the
Act;
bb. The refund of payment made by mistake under Article 68 of the Act (limited
to the payment imposed by the head of the regional
construction and
management administration);
cc. The cancellation of permission or approval and other dispositions under
Article 69 of the Act (limited to the matters for which
the authority concerning
permission or approval is delegated to the head of the regional construction
and management administration);
dd. The ordering of disposition or measures under Article 70 (1) of the Act
(limited to the matters permitted or approved by the
head of the regional
construction and management administration) and notification thereof;
ee. The inspection on status of river
management, etc. under Article 74 of the Act;
ff. The entry, etc. to other's land under Article 75 of the Act (limited to the
matters
for which the authority concerning permission or approval is delegated
to the head of the regional construction and management administration);
gg. The expropriation and use of land, etc. under Article 78 of the Act;
hh. The purchase of land, etc. under Article 79 of the
Act;
ii. The exchange and concession of desolate river site, etc. under Article 85 of the
Act;
jj. The collection of permission fees under Article 89 (1) of the Act (limited to
the case permitted by the head of the regional
construction and management
administration);
kk. The reporting and entry, etc. under Article 90 of the Act (limited to the matters
for which the authority concerning permission
or approval is delegated to the
head of the regional construction and management administration);
ll. The holding of a hearing
under Article 91 of the Act (limited to the matters
permitted or approved by the head of the regional construction and
management
administration); and
mm. The imposition and collection of a fine for negligence under subparagraphs 1,
6 and 7 of Article 98 (2) of the Act (limited
to the matters for which the
authority concerning permission or approval is delegated to the head of the
regional construction
and management administration; and
2. The formulation and alteration of the river basic plan, as well as a public notice
thereof, under Article 25 of the Act.
(3) The Minister of Land, Transport and Maritime Affairs shall delegate the authority
falling under each of the following subparagraphs
among his/her agencies to the head
of the flood control office pursuant to Article 92 (1) of the Act: Provided, that the
agencies
under subparagraphs 5, 6, 8, 10 and 11 shall be delegated to the head of the
Hangang flood control office:
1. The receiving of report on the succession of rights and obligations under the
provisions of Article 5 (2) of the Act (limited
to the matters permitted by the head
of the flood control office);
2. The consultations or approval under Article 6 (1) of the Act (limited to the matters
for which the authority concerning permission
is delegated to the head of the flood
control office, and the case of project implementer being the head of the central
administrative
agency is excluded);
3. The consultations or approval under Article 6 (2) of the Act (limited to the matters
for which the authority concerning permission
is delegated to the head of the flood
control office, and the case of project implementer being the head of the central
administrative
agency is excluded);
4. The ordering of measures to prevent flood, etc. under Article 14 (5) of the Act;
5. The preparation and keeping of the management register for hydrological survey
facilities under Article 15 (2) of the Act;
6. The conducting of river basin survey and provision of the survey data under
Article 16 (1) of the Act;
7. The conducting of hydrological survey under Article 17 (1) of the Act, and the
consultations under paragraph (3) of the same Article;
8. The conducting of examination, attaching evidential seal, imposing and collecting
fees for hydrological survey instruments under
Article 19 of the Act;
9. The authority concerning optimization of hydrological survey environment under
Article 20 of the Act;
10. The preparation and distribution of the flood danger map and request for submittal
of data under Article 21 (1) of the Act;
11. The authority concerning the information systematization of water resources data
under Article 22 of the Act;
12. The authorization of the river work execution plan, authorization of its change and
public notice thereof under Article 30 (5)
and (6) of the Act (limited to the
execution plan for river water);
13. The authorization of work completion and entrustment of inspection therefor
under Article 30 (7) and (8) of the Act (limited
to the matters for which the
authority concerning permission is delegated to the head of the flood control
office);
14. The authority concerning installation, etc. of hydrological survey facilities under
Article 31 of the Act;
15. The demand to submit the records on management and hydrology of dam, etc.
under Article 39 (3) of the Act;
16. The receiving of notification on survey results and management status under
Article 40 (2) of the Act, as well as the notification
under paragraphs (3) of the
same Article;
17. The authority concerning flood control measures under Article 41 of the Act;
18. The conducting of flood forecast under Article 42 (1) of the Act;
19. The authority concerning the restitution duty under Article 48 of the Act (limited
to the matters for which the authority concerning
permission is delegated to the
head of the flood control office);
20. The permission to use river water under Article 50 (1) of the Act, the notification
under paragraph (2) of the same Article,
the restriction under paragraph (3) of the
same Article, the collection of fees for use concerning extraction of subterranean
water
under paragraph (6) of the same Article;
21. The authority to estimate the flowing water volume for river maintenance under
Article 51 of the Act;
22. The request to submit data on discharge volume under Article 52 (2) of the Act,
the receiving of use plan and used result of
river water under paragraph (3) of the
same Article, and the assessment of used result of river water under paragraph (5)
of the
same Article;
23. The authority concerning adjustment of river water use under Article 53 of the
Act;
24. The refund of payment made by mistake under Article 68 of the Act (limited to
the payment imposed by the head of the flood control
office);
25. The cancellation of permission or other dispositions under Article 69 of the Act
(limited to the matters for which the authority
concerning permission is delegated
to the head of the flood control office);
26. The ordering of disposition or measures under Article 70 of the Act (limited to the
matters permitted by the head of the flood
control office);
27. The authority on entry, etc. to other's land under Article 75 of the Act (limited to
the matters for which the authority concerning
permission is delegated to the head
of the flood control office);
28. The collection of permission fees under Article 89 of the Act (limited to the
matters permitted by the head of the flood control
office);
29. The authority on report and entry, etc. under Article 90 of the Act (limited to the
matters for which the authority concerning
permission is delegated to the head of
the flood control office);
30. The holding of hearings under Article 91 of the Act (limited to the matters
permitted by the head of the flood control office);
31. The imposition and collection of a fine for negligence under subparagraphs 1, 6
and 7 of Article 98 (2) of the Act (limited to
the matters for which the authority
concerning permission is delegated to the flood control office); and
32. The imposition and collection of a fine for negligence under subparagraphs 2
through 5 of Article 98 (2) of the Act.
Article 106 (Entrusted Institutions)
The Minister of Land, Transport and Maritime Affairs may entrust the works falling
under each of the following subparagraphs to
the institutions listed hereunder. In this case,
the said Minister shall issue a public notice of the entrusted institutions and
the works
entrusted:
1. The Korea Water Resources Corporation established under the Korea Water
Resources Corporation Act;
2. The Korea Institute of Construction Technology established under the Act on
Establishment, Operation and Nurturing of Government-Funded
Research
Institutions, Etc. in Science and Technology Field; and
3. Association.
CHAPTER XI PENAL PROVISIONS
Article 107 (Imposition of Fine for Negligence, Etc.)
(1) The Minister of Land, Transport and Maritime Affairs or the river management
agencies shall, when imposing a fine for negligence pursuant to Article 98 (3) of
the Act, explicate in writing the fact of violation
and the amount of fine for
negligence, etc. after investigating and confirming the act of violation and then
notify the person
subject to such fine for payment.
(2) The Minister of Land, Transport and Maritime Affairs or the river management
agencies shall,
when intending to impose a fine for negligence as referred to in
paragraph (1), give a person subject to such fine an opportunity
to state his/her
opinion orally or in writing for a fixed period of not less than ten days. In this
case, if the person subject
to such fine fails to state his/her opinion by the given
date, he/she shall be deemed to have no opinion to state.
(3) The amount
of fine for negligence set according to the kind of offense shall be as
shown in the Attached Table 5.
(4) The Minister of Land, Transport and Maritime Affairs or the river management
agencies may aggravate or mitigate the amount of
fine for negligence within the
limit of 1/2 of the amount set in the Attached Table 5 taking into account the
motive, content and
frequency of the act of violation. In this case, the amount of
an aggravated fine for negligence, if any, shall not exceed the maximum
amount
of each fine as referred to in Article 98 (1) and (2) of the Act.
(5) The procedure for collection of fine for negligence
with respect to national rivers
shall be determined by the Ordinance of the Ministry of Land, Transport and
Maritime Affairs, and
the procedure for collection of fine for negligence with
respect to local rivers shall be determined by the municipal ordinance
of the local
government concerned. In the case that the authority to impose and collect a fine
for negligence with respect to a
national river is delegated to the Mayor/Do
governor under subparagraph 1 of Article 105 (1), the procedure for collection of
fine
for negligence with respect to such national river shall be determined by the
municipal ordinance of the local government concerned.
ADDENDA (Enforcement Decree of the National Property Act)
Article 1 (Enforcement Date) This Enforcement Decree shall enter into force from Jul. 31,
2009.
<59> Part of the Enforcement Decree of the River Act shall be amended as stated hereunder.
Of article 78 "subparagraph 2 of Article 56
of the Enforcement Decree of the National
Property Act" shall be amended to "Article 73 of the Enforcement Decree of the National
Property Act."
<60> through <65> Omitted
Article 15 Omitted
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/edotra278