Enforcement Decree Of The River Act


Published: 2009-12-30

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the River Act and other matters necessary to enforce such delegated matters.
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 Article 2 (River Facilities)   print
The term "facilities prescribed by Presidential Decree" in subparagraph 3 (d) of Article 2 of the River Act (hereinafter referred to as the "Act") means dammed pools necessary for the management of rivers, waterway tunnels, floodgate survey devices, riverine experimental stations, and facilities established under the Act and published by the Minister of Land, Transport and Maritime Affairs.
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 Article 3 (Floodgate Survey Devices)   print
The term "facilities prescribed by Presidential Decree" in subparagraph 7 of Article 2 of the Act means any of the following facilities:
1. Facilities necessary for a floodgate survey under Article 17 (1) of the Act;
2. Facilities necessary for a flood forecast under Article 42 (1) of the Act;
3. Facilities necessary for a survey on the volume of river water usage, related to permission for use of river water under Article 50 (1) of the Act (hereinafter referred to as "permission for use of river water");
4. Facilities incidental to the facilities falling under subparagraphs 1 through 3.
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 Article 4 (Mutatis Mutandis Application to Requests for Permission)   print
The provisions of Article 29, 34, 45 or 55 shall apply mutatis mutandis to cases where the State or a local government intends to implement a project which requires the State or the local government to consult with the river management agency in advance, or obtain permission from the river management agency under Article 6 of the Act.
CHAPTER II DESIGNATION OF RIVERS, ETC.
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 Article 5 (Designation of Local Rivers)   print
The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do governor, or a Special Self-governing Province governor (hereinafter referred to as the "Mayor/Do governor") shall, when he/she designates any local river, changes the designation thereof or revokes its designation in accordance with Article 7 (3) of the Act, observe the requirements falling under the following:
1. He/she is required to verify coherence between the ending point of any local river that is linked with the starting point of any national river or any local river to the starting point of any national river or the starting point of any local river;
2. He/she shall not designate one river with two or more names;
3. He/she is required to change the ending point of any river if a change takes place in any coastline on the grounds of tidal flat reclamation, etc.
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 Article 6 (Land of River Area)   print
(1) The term "method prescribed by Presidential Decree" as provided for in Article 10 (1) 6 of the Act means an arithmetic mean of maximum quantities of water flow per year for the past ten years.
(2) When any determination is made on land under Article 10 (1) 6 of the Act, in cases where the relevant situation occurs temporarily due to a big flood or any other natural phenonenon or a change occurs in the route of flow, it shall be excluded.
(3) The river management agency may, if it is deemed necessary when determining the scope of river area which falls under Article 10 (1) 6 of the Act and designated, request the Association under Article 88 of the Act to review its adequacy.
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 Article 7 (Scope of Flood Control Area)   print
(1) The "area within the specific boundary prescribed by Presidential Decree" under Article 12 (1) 2 of the Act means any of the following subparagraphs:
1. Areas which usual floods reach within the scope of not more than a 500-meter radius from the boundary of a river basin;
2. Minimum areas that are necessary to preserve rivers and river facilities within the scope of not more than a 500-meter radius from the boundary of a river basin;
3. Areas (limited to cases where a dammed pool has been included in the comprehensive water control plan for a river basin under Article 24 of the Act) which usual floods reach within the scope of more than a 500-meter radius from the boundary of a river basin.
(2) Where an area falling under paragraph (1) is to be designated as a flood control area, Article 6 (3) shall apply mutatis mutandis.
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 Article 8 (River Facilities Requiring Management Regulations)   print
The term "river facilities prescribed by Presidential Decree, including a dam, reservoir, and floodgate" in Article 14 (1) of the Act means any of the following facilities: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. Dams, estuarine banks, flood control areas, drain canals, and reservoirs;
2. Canal and lock gates;
3. Dammed pools, floodgates, and drain pumping lots designated by the river management agency.
CHAPTER III SURVEYS AND PREPARATION OF PLANS
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 Article 9 (Kinds, etc. of River Basin Surveys)   print
(1) The kinds of river basin surveys under Article 16 (1) of the Act (hereinafter referred to as "river basin survey") shall be classified as set out in the following:
1. Survey on features of river basins: Investigation into the configuration of land, soil, etc.;
2. Survey on basics on current status of rivers: Investigation into the human studies, industry, economy, natural resources, etc. of a river basin;
3. Survey on current use of river water: Investigation into the current use of water of river basins, current status of facilities for using water, characteristics in flow of water, etc.;
4. Survey on current control of water: Investigation into the current status of flood damage, projects related to water control and the current status of facilities therefor, etc.;
5. Survey on water quality and ecosystem of rivers: In such cases, data on the quality of water and aquatic ecosystems, natural environment, wetlands, etc. produced by the Ministry of Environment shall be fully utilized.
(2) Surveys of river basins shall be conducted on a yearly, five-yearly or ten-yearly basis, taking into account the occurrence cycle of subject matter of survey, variability of data, frequencies of utilizing them, etc.: Provided, That in cases where it is deemed necessary, an ad-hoc survey or a special survey may be employed.
(3) Surveys of river basins shall be conducted by means of documentary survey, on-site investigation, the use of geographic information, data obtained from remote sensing, etc.
(4) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary, conduct an inspection for the purposes of verifying the performance of survey frequencies under paragraph (2) and means of survey under paragraph (3).
(5) The details on the frequency of survey by kind, means of survey and verification on the performance of surveys of river basins shall be determined by the Minister of Land, Transport and Maritime Affairs.
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 Article 10 (Consultation for Avoiding Overlapping of Floodgate Surveys)   print
(1) The head of an agency which intends to execute a floodgate survey in accordance with Article 17 (2) of the Act shall consult with the Minister of Land, Transport and Maritime Affairs on the following matters:
1. Matters on the purposes of a floodgate survey;
2. Matters on the location (latitude, longitude and altitude), of a floodgate survey;
3. Matters on the items of a floodgate survey; and
4. Other matters necessary to avoid overlapping of a floodgate survey.
(2) The Minister of Land, Transport and Maritime Affairs shall promote the information system of a river basin survey data pursuant to Article 22 (1) of the Act after being provided with data obtained from a floodgate survey from the head of any other agency which has executed a floodgate survey in order to avoid the overlapping of floodgate surveys and jointly utilize data obtained from a floodgate survey.
(3) The Minister of Land, Transport and Maritime Affairs and the head of an agency who executes a floodgate survey in accordance with the main body of Article 17 (2) of the Act shall jointly and reciprocally utilize real time floodgate data in order to avoid overlapping of floodgate surveys.
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 Article 11 (Preparation of Basic Floodgate Survey Plans)   print
(1) The matters falling under the following subparagraphs shall be included in the basic floodgate survey plan under Article 17 (4) of the Act (hereinafter referred to as the "basic floodgate survey plan"):
1. Matters on the current status of the floodgate survey;
2. Matters on the basic direction of the floodgate survey;
3. Matters on the construction and management of floodgate survey network;
4. Matters on the investment on floodgate survey-related fields;
5. Matters on the provision and use of the floodgate survey; and
6. Other matters necessary for the floodgate survey.
(2) The Minister of Land, Transport and Maritime Affairs may request the head of any other agency which conducts a floodgate survey to submit materials necessary for the preparation of the basic floodgate survey plan.
(3) In cases where the Minister of Land, Transport and Maritime Affairs intends to devise or alter the basic floodgate survey plan, he/she shall consult with the head of the relevant central administrative agency; and when he/she has devised or altered the basic floodgate survey plan, he/she shall notify the head of the relevant central administrative agency thereof.
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 Article 12 (Standardization of Means and Criteria of Floodgate Surveys, etc.)   print
(1) Matters falling under the following subparagraphs shall be included in means and criteria of a floodgate survey under Article 18 (1) of the Act:
1. Standardization on the installment environment of floodgate survey facilities;
2. Standardization on the maintenance and management of floodgate survey facilities;
3. Standardization on the quality control of floodgate data;
4. Standardization on the public recognition, storage, distribution and use of floodgate data; and
5. Other matters necessary for the standardization of floodgate surveys.
(2) The detailed matters necessary for the means and criteria of floodgate surveys under paragraph (1) shall be determined and published by the Minister of Land, Transport and Maritime Affairs.
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 Article 13 (Education for Employees who Engages in Floodgate Survey-related Affairs, etc.)   print
(1) Any person who engages in floodgate survey-related affairs shall receive 30 hours of training or more within two years from the commencement date of such affairs and receive re-training each three years in accordance with Article 18 (2) of the Act.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to provide training under paragraph (1), select persons to be subject to the relevant training and notify the head of an agency to which such persons belong by no later than 60 days prior to the commencement of the relevant training course.
(3) The Minister of Land, Transport and Maritime Affairs shall issue a certificate of completion of training to each person who has undergone such training and shall report without delay the results thereof to the head of any agency to which the relevant person belongs.
(4) Detailed matters necessary for education and training under paragraph (1) shall be determined by the Minister of Land, Transport and Maritime Affairs.
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 Article 14 (Fees for Official Approval of Floodgate Survey Devices)   print
Any person who intends to obtain official approval on a floodgate survey device in accordance with Article 19 (1) of the Act, shall pay fees for official approval prescribed in the attached Table 1.
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 Article 15 (Public Notice of Removal of Obstacles)   print
The head of the relevant central administrative agency or local government shall publish each of the following matters in one or more daily newspaper(s) published in the region concerned in accordance with Article 20 (6) of the Act:
1. Matters on the location, time of removal or change of obstacles;
2. Matters on the details of removal or change of obstacles;
3. Where any loss has been incurred and matters regarding the reasons therefor; and
4. Other matters regarding the removal or change of obstacles.
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 Article 16 (Application for Adjudication)   print
Any person who intends to apply for an adjudication on the compensation for loss under Article 20 (8) of the Act shall file an application for adjudication, stating matters falling under 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. Details of any loss incurred;
3. Details of the amount of compensation for loss presented or demanded by the applicant for the adjudication and the amount of compensation offered by the other party in the process of negotiations;
4. Particulars of negotiations;
5. Other matters that could be used for reference to the adjudication.
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 Article 17 (Surveys of Flood Damage and Preparation of Flood Alert Maps, etc.)   print
(1) The following matters shall be included in a survey on the status of flood damage under Article 21 (1) of the Act (hereinafter referred to as "survey of flood damage"):
1. Investigation of various kinds of damage, including property damage, victims, etc.;
2. Investigation of the status of flooding and inundation;
3. Analysis of the causes of flood damage;
4. Survey and analysis of other matters necessary for countermeasures against flood damage, etc.
(2) Surveys of flood damage shall be conducted within one year from the time when such flood damage occurs.
(3) The head of the local government shall, when he/she formulates a flood alert map in accordance with Article 21 (5) of the Act, take into account the following matters:
1. Data from a survey or analysis set out in each subparagraph of paragraph (1);
2. Number of floodgates installed on the relevant river and an interpretation from a hydraulic's point of view;
3. Means of fully utilizing flood alert maps;
4. Other matters necessary for the preparation of flood alert maps.
(4) The head of the central administrative agency shall, when he/she formulates a flood alert map in accordance with Article 21 (5) of the Act, notify the Minister of Land, Transport and Maritime Affairs of the details thereof.
(5) Article 6 (3) shall apply mutatis mutandis to the preparation of flood alert maps under Article 21 (1) and (5) of the Act.
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 Article 18 (Creation and Operation of Water Resource Information System)   print
(1) The water resource information system pursuant to Article 22 (1) of the Act (hereinafter referred to as "water resources information system") shall include the following matters: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. Data pertaining to the survey of river basins;
2. Data pertaining to floodgate surveys;
2-2. Data pertaining to the long-term comprehensive water resource plan pursuant to Article 23 of the Act;
2-3. Data pertaining to the comprehensive water control plan for river basins pursuant to Article 24 of the Act;
3. Data pertaining to basic river plans pursuant to Article 25 (1) of the Act;
4. Data on the utilization and management of dams and waterworks in wide areas, etc.;
5. Data on the utilization and management of river and underground water;
6. Data necessary to establish plans to efficiently use and manage water resources.
(2) The Minister of Land, Transport and Maritime Affairs may, if it is deemed necessary to efficiently create and operate the water resource information system, promote the standardization of production, management and distribution of data referred to in each subparagraph of paragraph (1).
(3) The Minister of Land, Transport and Maritime Affairs shall, when the Minister intends to standardize the water resource information system in accordance with paragraph (2), consult with relevant administrative agencies, organizations, etc.
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 Article 19 (Establishment of Long-Term Comprehensive Water Resources Plan)   print
(1) The long-term comprehensive water resources plan under Article 23 (1) of the Act (hereinafter referred to as the "long-term comprehensive water resources plan") shall include the following matters:
1. Natural environment, social and economic conditions affecting water resources;
2. Current status and prospects for the supply and demand of water;
3. Plans for the development, supply and management of water resources;
4. Plans for the prevention of flood disasters;
5. Plans for the preservation of riverine environment and use for multiple-purposes;
6. Surveys, research and technology development with respect to water resources;
7. Means of securing water by the State after climate changes;
8. Other matters concerning the management and preservation of water resources.
(2) The Minister of Land, Transport and Maritime Affairs may request the heads of he relevant central administrative agencies and the Mayor/Do governor to furnish material necessary to formulate the long-term comprehensive water resources plan.
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 Article 20 (Formulation of Comprehensive Water Control Plan for River Basins)   print
(1) The Minister of Land, Transport and Maritime Affairs shall devise a comprehensive water control plan for a river basin under Article 24 (1) of the Act (hereinafter referred to as "comprehensive water control plan for a river basin") on the Han River (excluding the river basin on the Imjin River), the Imjin River, the Anseong River, the Sapgyo River, the Geum River, the Mangyeong River, the Dongjin River, the Yeongsan River, the Tamjin River, the Seomjin River, the Nakdong River, the Taehwa River and the Hyeongsan River, respectively.
(2) The comprehensive water control plan for a river basin referred to in paragraph (1) shall include matters falling under the following subparagraphs:
1. Relevancy to various development plans, such as the national land plan;
2. Relevancy to social infrastructure, such as roads, railways, etc.;
3. Allotment of volume of floods at each main point of river basins; and
4. Other matters necessary for the establishment of the comprehensive water control plans for river basins.
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 Article 21 (Composition of River Basin Management Council)   print
(1) The River Basin Management Council (hereinafter referred to as the "Council") provided for in Article 24 (5) of the Act shall be established in the Local Management Agency of National Land which has jurisdiction over each river basin and consists of not more than 15 members, including one chairperson.
(2) The chairperson shall be the head of the competent Local Management Agency of National Land.
(3) Its members shall be appointed or commissioned by the head of the competent Local Management Agency of National Land from among persons falling under any of the following subparagraphs. In such cases, not less than 1/2 of members shall be commissioned from among persons falling under subparagraphs 2 through 5:
1. Persons who are recommended by the heads of the agencies that they belong to, from among public officials of Grade IV or higher of the relevant central administrative agencies or local governments;
2. Persons who are recommended by the Mayor/Do governor from among residents living in the relevant river basin;
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);
4. Persons of profound knowledge and experience in the development of water resources, rivers, cities, the environment, laws and the economy;
5. Persons operating and managing river facilities which are located in the relevant river basin and which are capable of controlling floods.
(4) The terms of office for members who are not public officials shall be two years, and may be reappointed or recommissioned.
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 Article 22 (Operation of Council)   print
(1) The chairperson shall represent the Council and exercise overall control of the affairs of the Council.
(2) If the chairperson is unable to perform his/her duties on grounds of inevitability, a member who has been nominated by the chairperson in advance shall act on behalf of the chairperson in performing the latter's duties.
(3) The Council's meetings shall be convened by the chairperson and he/ she shall convene and preside over such meetings.
(4) The Council's meetings shall open with the attendance of a majority of the total members on the register roll and pass resolutions with the concurrent vote of a majority of those present.
(5) Necessary matters concerning the operation of the Council, with the exception of those prescribed by this Decree, shall be prescribed by the chairperson after undergoing a resolution of the Council.
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 Article 23 (Allowances)   print
Members present at Council meetings may be paid allowances within budget limits: Provided, That the same shall not apply to cases where the members who are public officials are present at Council meetings in connection with their official duties.
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 Article 24 (Establishment of Basic River Plans)   print
(1) In establishing basic river plans pursuant to Article 25 (1) of the Act (hereinafter referred to as a "basic river plan"), changes in the national land plan and urban development plans of river basins shall be taken into consideration, and basic river plans shall be established by region based on the common river basin map (referring to the map of river basins on which the whole country is classified into regions by the Minister of Land, Transport and Maritime Affairs by taking into account the use of water, flood control and the environment).
(2) The following matters shall be included in the basic river plans: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. Objectives of the basic river plans;
2. Matters which fall under the following items, regarding the overall status of rivers:
(a) The current overall status, such as characteristics of river basins;
(b) The natural conditions, such as rainfall, weather, etc.;
(c) The quality of water and ecosystems of such rivers;
(d) The current status of damage from floods or droughts;
(e) The current status of utilization of river water;
(f) Matters concerning the survey fiducial points to grasp the topography and features of river basins;
3. Countermeasures against flooding prepared by flood defense facilities, including embankments, dams, reservoirs, flood control areas, drain canals, etc.;
4. Countermeasures against floods by the land utilization plan, etc.;
5. Annual implementation plans for countermeasures against floods;
6. Matters which fall under the following items, regarding the execution of river works:
(a) The reference volume of floods (referring to the natural volume of floods, not regarding the flood control plan to be executed by means of flood defense facilities, such as embankments, dams, reservoirs, flood control areas, drain canals, etc.) and the allotment of the volume of floods:
(b) The predetermined volume of floods;
(c) Predetermined flood elevation;
(d) Predetermined river width and the boundaries thereof;
(e) Improvement of a river channel and flow regime;
7. Matters on the provision of basic data necessary for determining the river area, the predetermined river land and the flood control area;
8. Matters on the creation of a environmentally-friendly river;
8-2. Matters on the preservation and utilization of desolate river sites, etc. pursuant to Article 84 (1) of the Act;
9. Other matters necessary for the preservation of the river environment and the proper use thereof.
(3) The term "minor matters prescribed by Presidential Decree" in the proviso to Article 25 (5) of the Act means matters falling under any of the following subparagraphs:
1. Increase in the predetermined volume of floods under paragraph (2) 6 (b) within the scope of not more than 10/100;
2. Expansion of predetermined river width under paragraph (2) 6 (d) within the scope of not more than 10/100 or the reduction thereof within the scope of not more than 1/100.
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 Article 25 (Development of Emergency Countermeasure Plans)   print
(1) The term "river facilities prescribed by Presidential Decree" in the main sentence of Article 26 (1) of the Act means the following dams:
1. Multi-purpose dams;
2. Power-generation dams;
3. Dams whose total water storage capacity is not less than 300.000 tons, which do not fall under subparagraph 1 or 2.
(2) The emergency countermeasure plan (hereinafter referred to the "emergency countermeasure plan") provided for in the main body of Article 26 (1) of the Act shall include the matters falling under the following subparagraphs:
1. A summary of the relevant dam and the surrounding environment thereof;
2. Areas that are expected to be inundated in the event of the collapse of the relevant dam;
3. Emergency communications systems;
4. Matters on the issuance procedures, etc. of emergency alerts;
5. Guidelines on first aid activities in the event of emergency;
6. Plans for emergency evacuation;
7. Matters on plans for accommodation of flood victims;
8. Joint response of the relevant institutions and organization;
9. Other matters necessary to cope with emergencies.
(3) The heads of central administrative agencies concerned may financially assist the installers of river facilities referred to in each subparagraph of paragraph (1) to cover part of the expenses incurred in developing their respective emergency measures plans.
CHAPTER IV EXECUTION OF RIVER WORKS, ETC.
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 Article 26 (Formulation of River Works Implementation Plans)   print
(1) River works implementation plans pursuant to Article 27 (1) of the Act (hereinafter referred to as the "river works implementation plan") shall include matters falling under the following subparagraphs:
1. The name of river works;
2. The purposes and summary of such river works;
3. The location of the area in which river works are to be implemented;
4. The name and address of the contractor of such river works;
5. The scheduled date of commencement and completion of such river works;
6. Documents stating the details of items or rights falling under the following items and names and addresses of owners and right holders other than owners:
(a) Land or rights other than the ownership of such land; and
(b) Items fixed to land and rights other than the ownership of such items;
7. Implementation drawings and specifications (in cases where river works are divided into not less than two works sections, such implementation drawings and specifications shall be formulated by each works section);
8. The estimated costs of such works project and plans for raising funds to meet such costs (including annual investment plans);
9. The schedule for the river works;
10. Matters concerning the management of river facilities;
11. The estimated area of desolate river sites, etc. after the completion of river works under Article 84 (1) of the Act.
(2) The term "any minor river works prescribed by Presidential Decree" in the proviso to Article 27 (1) of the Act means works falling under any of the following subparagraphs:
1. Works implemented to restore from any disaster under the Countermeasures against Natural Disasters Act;
2. Routine works implemented to maintain and repair rivers.
(3) A river management agency shall, when it establishes or alters a river works execution plan, take into account matters referred to in paragraph (1) 1 through 6.
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 Article 27 (Works, etc. for other Installations)   print
(1) A river management agency shall, when it intends to undertake works pursuant to each subparagraph of Article 27 (6) of the Act, notify the manager of the relevant installations or a person liable to undertake the relevant works: Provided, That where the manager of the relevant installations, etc. is an administrative agency, the river management agency shall consult in advance with such administrative agency. <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
(2) A river management agency shall, when it intends to maintain and repair other installations pursuant to Article 27 (6) of the Act, furnish a plan for the maintenance and repair of such installations and the statement of account of expenses to the manager of the other installations, etc.
(3) A river management agency shall, when it gives a notice or seeks consultations under paragraph (1), make a written request for such consultations, along with design documents of such works.
(4) A river management agency shall, when it completes works for other installations or other works referred to in Article 27 (6) of the Act, furnish without delay works completion records, design drawings and statements of account of expenses to the manager of other installations, etc.
(5) A river management agency shall publish the following matters in the Official Gazette or the Official Report pursuant to Article 27 (7) of the Act:
1. The name of the river works;
2. The purposes and summary of such river works;
3. The location of an area where such river works are implemented;
4. The name and address of the contractor of such river works;
5. The date of commencement and completion of such river works;
6. Detailed records of land incorporated within the river area;
7. A topographic map regarding the river area, on which the land registers are indicated with a scale of 1:15,000,000 or greater;
8. The estimated area of desolate river sites following such river works pursuant to Article 84 (1) of the Act and a plan for preservation and disposal thereof;
9. Matters concerning the management of facilities the installation of which are completed.
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 Article 28 (Execution of River Works by Proxy)   print
(1) The Minister of Land, Transport and Maritime Affairs may execute, by proxy, river works falling under any of the following subparagraphs in accordance with Article 28 (1) of the Act:
1. River works for local rivers;
2. River works implemented to maintain and repair national rivers.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to execute river works by proxy pursuant to Article 28 (1) of the Act, notify the Mayor/Do governor of matters referred to in Article 26 (1) 1 through 5.
(3) The term "government-funded institution prescribed by Presidential Decree" in the former and the latter parts of Article 29 (2) of the Act means the Korea Water Resources Corporation established pursuant to the Korea Water Resources Corporation Act.
(4) The Minister of Land, Transport and Maritime Affairs may have the Mayor/Do governor or the Korea Water Resources Corporation under paragraph (3) execute, by proxy, river works falling under any of the following subparagraphs pursuant to Article 28 (2) of the Act: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. Works implemented to restore from any disaster;
2. River works executed in connection with river facilities installed and managed by the Mayor/Do governor or a public institution under the Act on the Management of Public Institutions;
3. River works executed in connection with the operation or management of dams, etc. under Article 39 (1) of the Act;
4. Other river works recognized by the Minister of Land, Transport and Maritime Affairs as necessary, in consideration of the sustainable development of the land, revitalization of the local economy, local characteristics, and technology levels, etc.
(5) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to have works under paragraph (4) executed by proxy, notify in advance the person who executes the relevant works by proxy of matters falling under the following subparagraphs and consider his/her opinion:
1. Matters referred to in Article 26 (1) 1 through 5;
2. The amount of budget (including plans for annual contribution of funds and raising such funds).
(6) The Minister of Land, Transport and Maritime Affairs shall, when he/she publishes the completion of river works in accordance with Article 28 (4) of the Act, notify without delay the Mayor/Do governor of the details of such publication; and a person who executes, by proxy, river works under Article 28 (2) of the Act shall, when he/she publishes the completion of river works, notify, without delay, the Minister of Land, Transport and Maritime Affairs of the expense account statement and the details of publication thereof.
(7) Article 27 (5) shall apply mutatis mutandis to publication under Article 28 (4) of the Act.
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 Article 29 (Permission, etc. for River Works by Persons, other than River Management Agencies)   print
(1) Where a person who is not a river management agency intends to obtain permission for river works or the maintenance and management of a river in accordance with Article 30 (1) of the Act, he/she shall file an application for permission, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs to the river management agency.
(2) The term "minor matters prescribed by Presidential Decree" in the proviso to Article 30 (1) of the Act means works implemented for the routine repair or normal maintenance of a river which does not affect the structure of such river.
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 Article 30 (Deposit of Construction Costs)   print
(1) A river management agency shall have applicants for permission under Article 30 (1) of the Act deposit the amount equivalent to the costs of river works pursuant to Article 30 (4) of the Act, in the joint account of the river management agency and the applicant for permission at a financial institution designated by the river management agency.
(2) Notwithstanding paragraph (1), a river management agency may allow the construction costs under Article 30 (4) of the Act to be deposited with a written guaranty, etc. falling under any of the following subparagraphs at the river management agency: <Amended by Presidential Decree No. 21744, Sep. 21, 2009>
2. Government bonds, local government bonds, claims for compensation under Article 69 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor or bonds and debentures issued by the Korea Land and Housing Corporation in accordance with the Korea Land and Housing Corporation Act.
(3) A river management agency shall, upon receiving a request from a person who has obtained permission pursuant to Article 30 (1) of the Act, allow him/her to withdraw the amount deposited pursuant to paragraph (1) according to the progress of the relevant works.
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 Article 31 (Application, etc. for Approval on River Works Execution Plans, etc.)   print
(1) Any person who has obtained permission for any river works or maintenance or repair pursuant to Article 30 (1) of the Act shall file an application for permission of his/her river works execution plan under Article 30 (5) of the Act (hereinafter referred to as "river works execution plan") within six months from the date of permission, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That, if the river management agency deems that there exist inevitable reasons, it may extend the relevant application period within six months.
(2) River works execution plans shall include matters set out in each subparagraph of Article 26 (1).
(3) Where any person who has obtained permission for the river works execution plan intends to alter matters other than those falling under any of the following subparagraphs from among permitted matter, he/she shall obtain permission for changes in accordance with the latter part of Article 30 (5) of the Act:
1. Matters concerning the change in the address of a contractor;
2. Where the work contractor is a corporation, the alteration of its representative;
3. The alteration of the execution area, caused by errors in the work area;
4. The alteration of facilities and equipment within the scope which does not result in any change in the costs of works.
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 Article 32 (Batch Handling, etc. of Overlapping Matters Subject to Permission)   print
(1) Where not less than two matters subject to permission overlap with, or are related to one another, from among the matters subject to permission under Article 30 (1), 33 (1) or 50 (1) of the Act, and the authority to grant the main matters of permission in accordance with the classification of attached Table 2 and other matters of permission overlapping with, or related to such main matters of permission rest with the relevant river management agency, the river management agency may grant the main matters of permission and other matters of permission overlapping with, or related to such main matters of permission as one batch.
(2) In cases where the authority to grant the main matters of permission in accordance with the classification of the attached Table 2 and other matters of permission overlapping with, or related to such main matters of permission rests with different agencies under Article 105, any agency which holds the authority to grant the main matters of permission may grant the main matters of permission and other matters of permission overlapping with, or related to such main matters of permission as one batch, notwithstanding Article 105. In such cases, the head of the agency which holds the authority to grant the main matters of permission shall consult in advance with the head of the agency which holds the authority to grant other matters of permission overlapping with, or related to the main matters of permission.
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 Article 33 (Installation of Floodgate Survey Facilities, etc.)   print
(1) The plan for installing facilities used for a floodgate survey (hereinafter referred to as the "plan for installing floodgate survey facilities") provided for in Article 31 (2) of the Act shall contain the matters falling under the following subparagraphs:
1. The name of project;
2. The objectives and a summary of the project;
3. The location of the place where the project is to be implemented;
4. The name and address of the project undertaker (the title, location and the name of the representative in the case of any corporation);
5. The date on which the project is scheduled to be launched and the date on which the project is scheduled to be completed;
6. Details of goods or titles falling under any of the following items to be expropriated or used, and the names and addresses of their owners and right holders other than owners:
(a) Land and rights other than ownership in such land; and
(b) Items fixed on land and rights other than ownership on such items;
7. Detailed records on the land to be expropriated or used;
8. Implementation drawings and specifications;
9. Project costs and plans for raising funds (including annual investment plans);
10. Project implementation period (including the required period by work process); and
11. Matters concerning the management of a floodgate survey device after the completion of the installation thereof.
(2) The term "when installing floodgate survey facilities prescribed by Presidential Decree" in the proviso to Article 31 (2) of the Act means the time falling under any of the following subparagraphs:
1. When a floodgate survey facility has been repaired or improved; or
2. When a measurement tool, electronic communications facility or computer hardware has been improved, changed or installed.
(3) In cases where the Minister of Land, Transport and Maritime Affairs establishes the installation plan for floodgate survey facilities in accordance with Article 31 (3) of the Act, matters provided for in paragraph (1) 1 through 6 shall be published in the Official Gazette.
(4) In cases where the Minister of Land, Transport and Maritime Affairs completes installation works on floodgate survey facilities in accordance with Article 31 (5) of the Act, the matters provided for in paragraph (1) 1 through 4 and 10, the commencement date of the project and the date of the completion of the project shall be published in the Official Gazette.
CHAPTER V OCCUPANCY AND USE, ETC. OF RIVERS
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 Article 34 (Applications for Occupancy and Use Permission, etc. of Rivers)   print
(1) Any person who intends to obtain permission under Article 33 (1) of the Act (hereinafter referred to as "permission for occupancy and use of a river") shall submit to the river management agency an application for such permission (including submission by means of electronic documents), accompanied by any documents prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The term "matters determined as important by Presidential Decree" in the main body of Article 33 (1) of the Act means any of the following subparagraphs:
1. The purposes and areas of occupancy and use;
2. The quantity of soil, sand or gravel collected;
3. The period of occupancy and use permitted;
4. Other matters expressively prescribed when permission for river occupancy and use has been granted.
(3) A river management agency shall, if deemed that granting permission as requested in the details of an application for permission for river occupancy and use under paragraph (1) may affect social infrastructure, such as roads, railways, etc., consult with the head of the relevant administrative agency in advance.
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 Article 35 (Acts, etc. of Occupancy and Use of Rivers)   print
(1) The term "acts prescribed by Presidential Decree" in Article 31 (1) 6 of the Act means activities falling under any of the following acts: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. Collecting bamboo, trees, reeds, grass or waterweed, etc.;
2. Planting plants;
3. Operating ships;
4. Installing skating rinks, decks for excursion ships or ferries, or marinas (in cases of decks for excursion ships or ferries or marinas, limited to floating types);
5. Waterside activities for the purposes of water-related leisure business by using water-related leisure apparatuses provided for in the Water-Related Leisure Activities Safety Act;
6. Attaching any goods that may affect the preservation of rivers to the items for occupying and using rivers by any person other than the river management agency.
(2) The term "ships" in paragraph (1) 3 means any of the following subparagraphs:
1. Excursion ships and ferries under the Excursion Ship and Ferry Business Act;
2. Barges under the Ship Act;
3. Periodically-running ships;
4. Ships running designated routes.
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 Article 36 (Prohibition of Permission for Occupancy and Use of Rivers)   print
(1) The term "agrochemical or fertilizer prescribed by Presidential Decree" in Article 33 (4) 1 of the Act means any of the following subparagraphs:
1. Agrochemicals of acute toxicity level I (virulently poisonous) or II (highly poisonous) from among those under subparagraph 1 of attached Table 1 of the Enforcement Decree of the Agrochemicals Control Act and with toxicity to mudfish of levels of I or II from among those under subparagraph 2 (a) of the said Table;
2. Fertilizers which exceed the hazard criteria of heavy metals prescribed in attached Table 1 of the Enforcement Decree of the Fertilizer Control Act;
3. Fertilizers produced by using materials that shall not be used as raw materials for compost under the legal standards published pursuant to Article 4 of the Fertilizer Control Act.
(2) The term "damaging or threatening to damage rivers and river management facilities, such as extracting aggregate, etc. prescribed by Presidential Decree" in the proviso to Article 33 (4) 2 of the Act means any of the following acts:
1. Extracting aggregate in violation of the principles of prior extraction on the sedimentary section;
2. Extracting aggregate in the direction from upstream towards downstream of a river or from the shores on both sides of a river towards its center;
3. Stockpiling aggregate within the river area: Provided, That, the extracted aggregate may be stockpiled, screened or cleared within the scope permitted by the relevant river management agency as it is deemed not impeding the management of a river;
4. Extracting aggregate in an uneven and unbalanced manner so as to create a pool;
5. Leaving the soil and stones remaining on the river bed after collecting aggregate untended without gathering it up.
(3) The term "acts prescribed by Presidential Decree" in the proviso to Article 33 (4) 4 of the Act means installing a fixed structure that is essentially required to keep the strength of structures.
(4) The term "acts prescribed by Presidential Decree" in Article 33 (4) 5 of the Act means the following acts: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. Collecting plants, such as bamboo, trees, reeds, grass, waterweed, etc., that is feared to damage the slope and bed of a river;
2. Operating ships or having water activities at the area where watercraft accidents occur frequently, or where two or more watercraft cruising sections operation overlap each other;
3. Installing structures that may obstruct the passage into or from the river;
4. Installing greenhouses (including plastic greenhouses) and other facilities similar thereto.
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 Article 37 (Permits, etc. for Occupying and Using Rivers)   print
A river management agency shall, when it grants permission for occupancy and use of a river, grant a permit to the relevant applicant and enter the permit in a permit register and manage such permit register, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 38 (Publication of Permission for Occupancy and Use)   print
A river management agency shall, where it grants permission for river occupancy and use, publish matters falling under the following subparagraphs in the Official Gazette or the Official Report;
1. The name of the river;
2. The name and address of the occupant (in cases of a corporation, the name and address of such corporation and the name of its representative);
3. The purposes and summary of occupancy and use of such river;
4. The location and size of the area of occupancy and use;
5. The effective period of permission for occupancy and use.
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 Article 39 (Scope of Vested River User)   print
The term "person who has a right to the river prescribed by Presidential Decree" in the main sentence of Article 34 of the Act means any of the following persons:
1. Any person who falls under the following items:
(a) Any person who has obtained permission for river works under Article 30 (1) of the Act (including any person who is deemed to have obtained permission for river works in accordance with other Acts and subordinate statutes);
(b) Any person who has obtained permission for occupancy and use of a river (including any person who is deemed to have obtained permission for occupancy and use of a river in accordance with other Acts and subordinate statutes);
(c) Any person who has obtained permission for the use of river water;
2. Any person who has obtained a right to any river under other Acts, such as those who have fishing rights, mining rights or dam usage rights, etc.
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 Article 40 (Application for Adjudication)   print
Any person who intends to apply for an adjudication on compensation for loss pursuant to Article 35 (3) of the Act shall file an application for adjudication with the competent Land Expropriation Committee, stating each matter falling under the following:
1. The name and address of the applicant seeking adjudication and the name and address of the other party;
2. The details of the occurrence of loss;
3. Details on the amount of compensation for loss presented or demanded by the applicant for the adjudication and the amount of compensation offered by the other party in the course of negotiations;
4. Particulars of negotiations;
5. Other matters that could be used for reference in the adjudication.
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 Article 41 (Provisions Applicable Mutatis Muntandis to Occupancy and Use Works Implemented by Proxy)   print
Article 27 shall apply mutatis mutandis to cases where the river management agency undertakes river works for occupancy and use by proxy under Article 36 of the Act.
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 Article 42 (Collection of Occupancy Fees, etc.)   print
(1) The standards for calculation of occupancy fees, etc. pursuant to Article 37 (1) of the Act (hereinafter referred to as "occupancy fees, etc.") shall be as the attached Table 3.
(2) The river management agency shall collect the total occupancy fees, etc. from the person who has obtained permission for occupancy and use of a river each year: Provided, That, in cases where the occupancy fees, etc. exceed 500 thousand won (in cases of permission for occupancy and use of a river with the aim of collecting aggregate, it shall be limited to cases where the period of collection is six months or longer), such occupancy fees may be paid on an installment basis by adding interest of 6/100 per annum on up to four occasions per year as prescribe by Municipal Ordinance of City/Do of the Special Metropolitan City, a Metropolitan City or a Special Self-Governing Province (hereinafter referred to as the "City/Do").
(3) The river management agency may, in cases where the occupancy fees, etc. for the relevant year increase by 10/100 or more from the occupancy fees, etc. of the preceding year, reduce the occupancy fees, etc. within the scope of 25/100 of the increased portion: Provided, That, in cases of permission for occupancy and use of a river with the aim of collecting aggregate, the foregoing shall not apply.
(4) Matters necessary for the collection of occupancy fees, etc. other than those prescribed in paragraphs (1) through (3) shall be prescribed by Municipal Ordinance of City/Do.
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 Article 43 (Collection of Indemnification)   print
(1) The river management agency shall, when it intends to collect the indemnification under Article 37 (3) of the Act (hereinafter referred to as "indemnification"), issue a written notice for the payment of indemnification, indicating the type of offense committed, the amount of indemnification, etc. as prescribed by Municipal Ordinance of City/Do after investigating and verifying the offense committed.
(2) The person who has been notified in accordance with paragraph (1) shall pay the indemnification within 20 days from the date the relevant notice has been served: Provided, That, in cases where he/she has failed to pay the indemnification until the relevant deadline due to natural disasters, or other inevitable grounds, he/she shall pay it within seven days from the date when such grounds cease to exist.
(3) The river management agency shall calculate the indemnification for the period of occupancy and use of the relevant river without obtaining permission for occupancy and use of such river. In such cases, if the relevant period extends beyond two or more fiscal years, the indemnifications calculated by each fiscal year shall be aggregated.
(4) Matters necessary for the collection of indemnification, other than those prescribed in paragraph (1) through (3) shall be prescribed by Municipal Ordinance of City/Do.
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 Article 44 (Reduction and Exemption of Occupancy and Usage Charges)   print
(1) The term "cases of a nonprofit business that is run for the purpose of official use, public use and public interest" in Article 37 (5) 1 of the Act means cases falling under any of the following subparagraphs:
1. Cases of emergency restoration from disasters;
2. Cases of river works implemented by the river management agency (including river works implemented by the river management agency by proxy under Article 28 of the Act) and other river management;
3. Cases of works implemented by the heads of State agencies or the Mayor/Do governor to maintain and repair roads;
4. Cases of installing facilities which will revert to the State or local government;
5. Cases where an incorporated educational institution opens and administers a private school under the Private School Act; and
6. Cases serving to military operations or the national security.
(2) The term "projects prescribed by Presidential Decree" in Article 39 (5) 2 of the Act means projects of installing electricity supply facilities, telecommunications facilities, oil pipe lines, gas supply facilities, heat transport facilities, etc.
(3) The river management agency may reduce or exempt occupancy fees, etc. in accordance with the following criteria as provided for in Article 37 (5) of the Act:
1. In cases of Article 37 (5) 1 of the Act, the reduction of the total amount;
2. In cases of Article 37 (5) 2 of the Act, the reduction or exemption within 1/2; or
3. In cases of Article 37 (5) 3 of the Act, the reduction or exemption determined according to the ratio set by the river management agency, taking into account the extent of special circumstances, including disasters, etc.
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 Article 45 (Permission for Activities in Predetermined River Land and Flood Control Area)   print
(1) Any person who intends to obtain permission for activities in predetermined river land or a flood control area under the main body of Article 38 (1) of the Act, shall file with the river management agency an application for such permission (including by submitting electronic documents), accompanied by a document prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The river management agency shall, when the details of an application for permission pursuant to paragraph (1) is deemed to adversely affect railroad facilities and other major national facilities, consult with the relevant administrative agencies prior to granting such permission.
(3) The term "minor activities prescribed by Presidential Decree" in the proviso to Article 38 (1) of the Act means any activities falling under the following:
1. Restoring installations which are damaged by floods or natural disasters to their original state;
2. Planting decorative plants which can be easily transplanted;
3. Improving farmland and cultivating them; and
4. Activities for which permission or approval, etc is granted in accordance with relevant Acts and subordinate statutes at the time of designating and publishing the area of a predetermined river land and a flood control area.
(4) Article 37 shall apply mutatis mutandis to permission for any activities conducted in any predetermined river land or a flood control area provided for in Article 38 (1) of the Act.
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 Article 46 (Installation of Facilities Necessary for Prevention or Reduction of Disasters)   print
(1) Any person who has constructed or set up facilities falling under any subparagraph of Article 39 (1) of the Act (hereinafter referred to as a "dam, etc."), when any disaster is anticipated to occur due to burying of the riverbed of a river running upstream of a dam, etc., the rise of water levels or an increase in water influx into a dam, etc. shall take necessary measures according to circumstances.
(2) The installers of a dam, etc. shall, in cases where any disaster is anticipated to occur if they discharge water reserved in dams, etc. due to a notable increase in the volume of water flow downstream of a dam, etc., the rise of water levels or sea surface an area into which water flows, prevent the disaster from occurring by regulating the increasing volume of water flow in an appropriate manner.
(3) The installer of a dam, etc. shall take measures falling under the following subparagraphs for the prevention of any disaster:
1. The installation and operation of sirens, loudspeakers, etc. and alarms;
2. An alarm at the time of discharge in accordance with paragraph (2);
3. Notice to agencies concerned and other necessary measures for the time of discharge in accordance with paragraph (2); and
4. Announcement of the time of discharge and other necessary matters in accordance with paragraph (2).
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 Article 47 (Standards for Installing Floodgate Survey Devices)   print
(1) The installer of a dam, etc. shall, when he/she intends to install a floodgate survey device in accordance with Article 40 (1) of the Act, in conformity with the standards falling under each of the following subparagraphs:
1. The water level gauge shall be installed at an appropriate place in the upstream from the dam in order to measure the water level of such dam, the volume of outflow and the volume of inflow; and
2. The rainfall gauge shall be installed at an appropriate place in the catchment area of the dam, etc., taking into account the status of the river, climate, etc. according to the classification under the following items:
(a) Cases where the size of the catchment area is smaller than 200 square kilometers: one or more;
(b) Cases where the size of the catchment area is not smaller than 200 square kilometers and smaller than 600 square kilometers: two or more;
(c) Cases where the size of the catchment area is not smaller than 600 square kilometers: three or more.
(2) The water level gauge and rainfall gauge to be installed in accordance with paragraph (1) shall record automatically.
(3) Builders of dams, etc. shall notify a river management agency and the Mayor/Do governor of the following matters in accordance with Article 40 (2) of the Act:
1. The volume of inflow, and the amount of rainfall;
2. Scheduled date and time of outflow;
3. Scheduled amount of outflow;
4. Water level of the dam;
5. Other matters on the management status of the dam, etc.
(4) Builders of dams, etc. shall install necessary communications facilities for the efficient issuance of notice pursuant to paragraph (3).
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 Article 48 (Discharge of Water Reserved in Dams)   print
Where any builder of a dam, etc. discharges reserved water of a dam, etc, in accordance with Article 41 (1) of the Act, he/she shall obtain approval from the Minister of Land, Transport and Maritime Affairs for the following matters:
1. Volume of outflow;
2. Time of commencing outflow;
3. Term of outflow.
CHAPTER VI PRESERVATION AND MAINTENANCE OF RIVER ENVIRONMENT
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 Article 49 (Designation Criteria for Preservation Districts, etc.)   print
(1) A river management agency may designate a district for preservation under Article 44 (1) of the Act within any of the following rivers: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. River areas highly worth preserving for the maintenance of natural ecosystem of river;
2. River areas which have great influence on the supply of water, the health of residents due to abundant quantity and high quality of water;
3. River areas having unique landscape, topography or geology;
4. River areas which represent various riverine ecosystems or may be used as a sample thereof;
5. River areas with important and intrinsically historic and cultural value;
6. River areas other than subparagraphs 1 through 5, which are deemed by the river management agency as required to be preserved.
(2) A river management agency may, where the district for preservation designated in accordance with paragraph (1) or a river area falling under any subparagraph of paragraph (1) has been damaged or destroyed due to human intervention, natural disasters, etc. and is required to be restored in order to preserve natural, historic or cultural values, designate the district for restoration under Article 44 (1) of the Act within the relevant river area.
(3) A river management agency may designate the hydrophilic district under Article 44 (1) of the Act within the river area falling under any of the following subparagraphs. In such cases, the scope of designation of hydrophilic districts shall be limited to the minimum necessary for the preservation of nature and ecological environment of river:
1. The river area in which commercial activities are performed after obtaining permission for occupancy and use of a river for direct and indirect hydrophilic activities;
2. The river area in which hydrophilic activities are traditionally and actively performed;
3. Other river areas which are deemed by the river management agency as required to be designated as hydrophilic districts.
(4) Details on designation criteria for the district for preservation, the district for restoration and the hydrophilic district under Article 44 (1) of the Act shall be determined by the Minister of Land, Transport and Maritime Affairs after consulting with the head of the relevant central administrative agency.
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 Article 50 (Designation of Preservation Districts, etc.)   print
(1) A river management agency shall, where it intends to designate a district for preservation, a district for restoration and a hydrophilic district under Article 44 (1) of the Act as at the time when the basic river plan is to be established, prepare and attach a topographic map regarding the relevant river area falling under the basic river plan, on which the scope and the land registers are indicated with a scale of 1:50,000,000 or greater.
(2) Where matters regarding the designation of a district for preservation, a district for restoration and a hydrophilic district have been included in the basic river plan in accordance with Article 44 (1) of the Act, the district for preservation, the district for restoration and the hydrophilic district shall be deemed designated when the river management agency has published the relevant basic river plan.
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 Article 51 (Designation, etc. of Angling-Prohibited Areas, etc.)   print
(1) The Mayor/Do governor shall, when he/she intends to designate an area in which any activity falling under any item of subparagraph 6 of Article 46 of the Act is prohibited (hereinafter referred to as "prohibition area"), take into account the following matters:
1. The purpose of utilizing the river;
2. The current status of source of river pollution;
3. The degree of contamination of the quality of river water;
4. The current status of the collection and disposal of garbage in areas adjacent to the river;
5. The current status of the species of inhabiting fish and underwater ecosystem.
(2) The Mayor/Do governor shall, when he/she designates a prohibition area, publish matters falling under each of the following subparagraphs, as prescribed by Municipal Ordinance of the relevant City/Do:
1. The location of the prohibition area and prohibited matters;
2. The restrictions on angling, such as the time for and manner of angling, etc. (limited to the areas where angling is prohibited);
3. Matters regarding fines for negligence against any violator of prohibited matters;
4. Disposing methods of garbage in the prohibition area.
(3) The Mayor/Do governor shall post signs announcing the details of publication on both sides and in the middle of the prohibition area published in accordance with paragraph (2).
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 Article 51-2 (Acts of Impeding River Flows or Contaminating Rivers)   print
For the purpose of subparagraph 7 of Article 46 of the Act, the term "acts prescribed by Presidential Decree" means the acts in the following subparagraphs:
1. Dumping farming materials, such as plastic products, etc., and farming equipment into rivers;
2. Dumping fishing equipment, such as fishing nets, etc., and fishing boats into rivers.
[This Article Newly Inserted by Presidential Decree No. 21824, Nov. 16, 2009]
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 Article 52 (Prohibition, etc. of River Use)   print
(1) A river management agency shall, when it intends to prohibit or limit the use of a river pursuant to Article 47 (1) of the Act, post in advance signs specifying the prohibition of river use or restrictions on river use (hereinafter referred to as "prohibition of river use, etc.") on both sides and in the middle of the section subject to such prohibiton or restriction, and publish the details of such prohibition or restriction in daily newspapers published in the relevant region.
(2) A river management agency shall, when it makes the publication pursuant to paragraph (1), notify any person falling under any of the following subparagraphs of the details of such publication:
1. Person who has obtained permission for occupancy and use of a river in a section to which the prohibition of river use, etc. is applied;
2. Person who has obtained permission for use of river water in a section to which the prohibition of river use, etc. is applied.
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 Article 53 (Deposit of Expenses for Restoration to Original State)   print
(1) A river management agency shall calculate an amount equivalent to expenses incurred in restoration to the original state pursuant to Article 48 (1) of the Act in accordance with each of the following subparagraphs, and have a person who has applied for permission pursuant to Article 30, 33 or 50 of the Act deposit such expenses in the joint names of the applicant and the river management agency at a financial institution designated by the river management agency:
1. Where post arrangements are required following the extraction of river products, such as earth and stones, sand, gravel and others, the establishment of a skating rink and any other river occupancy: 30/100 of the river occupation charges;
2. Where installations are newly set up, renovated or altered, and the land is excavated, banked up, or cut, or the form and quality of land are changed: Actual expenses incurred in restoration to original states.
(2) Notwithstanding paragraph (1), an applicant for permission may deposit a written guaranty referred to in each subparagraph of Article 30 (2) at the river management agency. In such cases, the deposit period of such guaranty shall be on or by the date on which six months lapse after the expiration of the period of permission, and on or by the date on which six months lapse after the expiration of the extended period of permission if the period of permission is extended.
(3) The river management agency shall, in cases where a river has been restored into its original state or deemed unnecessary to restore a river into its original state, return such deposits referred to in paragraph (1).
CHAPTER VII USE OF RIVER WATER AND MEDIATION OF DISPUTES
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 Article 54 (Priority of Distribution for Water)   print
The water in accordance with Article 49 (2) of the Act shall be distributed in order of water for daily living, water for industrial use, water for agricultural use and water for other uses, and the priorities of water for other uses shall follow the results of adjustment of the River Water Adjustment Council under Article 53 (3) of the Act.
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 Article 55 (Permission for Use of River Water and Alternation Thereof)   print
(1) Each person who intends to obtain permission for the use of river water shall file an application for permission prescribed by Ordinance of Ministry of Land, Transport and Maritime Affairs with the Minister of Land, Transport and Maritime Affairs.
(2) The term "major matters prescribed by Presidential Decree" in the latter part of Article 50 (1) of the Act means matters falling under any of the following subparagraphs:
1. Purposes of using river water;
2. Period of use of river water;
3. Point of collection and facilities to be used for collecting river water;
4. Use of permitted volume for collecting river water; and
5. Additional conditions attached when permission has been granted.
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she grants permission for use of river water, deliver a permit to the relevant applicant and enter the permit in the permit register and manage such permit register under the conditions prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) The Minister of Land, Transport and Maritime Affairs shall, when he/she grants permission for use of river water, publish the following matters in the Official Gazette:
1. The name of permission for the use of 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 for using river water and a summary thereof;
4. The location of area for collecting river water and the permitted volume;
5. The effective period of permission for the use of river water.
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 Article 56 (Preservation of River Water)   print
(1) The term "cases prescribed by Presidential Decree" in Article 50 (3) 4 of the Act means any of the following cases: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. Where the volume of water requested for permission for the use of river water is excessively large in view of the purpose for or capability of collecting water;
2. Where the sum of the volume of water flow for use that has been permitted for the pertinent river and the volume of water flow for use to be permitted exceeds the volume of water flow that serves as the standard for the permission for use of river water, or the volume of water flow for river maintenance under Article 51 (1) of the Act (hereinafter referred to as "volume of water flow for river maintenance") is insufficient;
3. Where the consent from the relevant vested river user has not been obtained, because the rights of a vested river user who uses river water downstream from the point for which the collection of river water has been requested are infringed;
4. Where a considerable decrease in the volume of river water is anticipated due to the reuse of water, etc.
(2) The water flow that serves as the standard for permission for the use of river water under paragraph (1) 2 shall be determined and notified by the Minister of Land, Transport and Maritime Affairs. <Newly Inserted by Presidential Decree No. 21824, Nov. 16, 2009>
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 Article 57 (Collection of Fees for Use of River Water)   print
(1) Fees for the use of river water in accordance with Article 50 (5) of the Act (hereinafter referred to as "fees for the use of river water") shall be calculated in conformity with the standards falling under the following: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. Water for generation of electric power: 231 per annum for each 100 cubic meters per day;
2. Water for agricultural use: 231 per annum for each 1,000 cubic meters per day;
3. Water for daily living and water for industrial use (including water for thermal power generation): Charges or fees for use approved by the Minister of Land, Transport and Maritime Affairs in accordance with Article 16 (2) of the Korea Water Resources Corporation Act;
4. Water for other uses: Charges or fees for use pursuant to subparagraph 3.
(2) Other matters necessary for the calculation and collection of fees for the use of river water shall be prescribed by Municipal Ordinance of City/Do.
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 Article 58 (Exemption and Reduction of Fees for Use of River Water)   print
(1) Article 44 (3) shall apply mutatis mutandis to the exemption or reduction of fees for the use of river water under Article 50 (9) of the Act.
(2) Notwithstanding paragraph (1), in cases of the following subparagraphs, fees for use of river water shall be exempted: <Amended by Presidential Decree No. 21824, Nov. 16, 2009; Presidential Decree No. 21887, Dec. 15, 2009>
1. Where a river management agency uses river water within the scope of the volume of water flow which serves as a basis for permission for use of river water under Article 56 (2);
2. Where the user of river water pays usage fees to the Korea Water Resources Corporation in accordance with Article 16 of the Korea Water Resources Corporation Act;
3. Where the user of river water pays fees to the Korea Rural Community Corporation in accordance with Article 23 of the Rearrangement of Agricultural and Fishing Villages Act.
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 Article 59 (Selection of Datum Points, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs shall, when he/she calculates the volume of water flow for river maintenance, consult in advance with the head of the relevant central administrative agency.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to designate datum points pursuant to Article 51 (2) of the Act (hereinafter referred to as "datum point"), take into account the following matters:
1. The point which may be a standard for the management of the volume of water flow and the quality of water;
2. The point where hydrologic data collected in the past is abundant and the observation of volume of water flow has been made incessantly;
3. The point where the river flow is used in a large volume;
4. The point where any changes in seawater level have no impact;
5. The point where water flow is not reserved, unlike dams and river mouth dikes;
6. The point where the volume of water flow for river maintenance may be incessantly maintained;
7. The point where the new securing of river water is planned as a result of installing river facilities.
(3) Deleted. <by Presidential Decree No. 21824, Nov. 16, 2009>
(4) The Minister of Land, Transport and Maritime Affairs shall, when he/she determines the volume of water flow for river maintenance, publish each of the following matters by dividing the volume that may be secured currently and the volume that is required to be newly secured. The same shall apply where he/she alters the published volume of water flow for river maintenance:
1. Regions, river systems, names and grades of rivers;
2. Names and locations of datum points;
3. The volume of water flow for river maintenance;
4. Other matters necessary for determination of the volume of water flow for river maintenance.
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 Article 60 (Scope of Users of River Water)   print
The term "user of river water prescribed by Presidential Decree" in Article 52 (1) of the Act means any of the following persons:
1. A person who collects not less than 1,000㎥ of water for industrial use per day;
2. A person who collects not less than 5,000㎥ of water for daily living per day;
3. A person who collects not less than 8,000㎥ of water for agricultural use per day.
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 Article 61 (Adjustment, etc. in Permitted Volume of Water)   print
The Minister of Land, Transport and Maritime Affairs shall, when he/she adjusts the permitted volume pursuant to Article 53 (1) of the Act, record the details thereof on such permit under Article 55 (3) and in the permit register and publish it on the Official Gazette.
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 Article 62 (Composition of River Water Adjustment Council)   print
(1) The River Water Adjustment Council under Article 53 (3) of the Act (hereinafter referred to as the "Adjustment Council") shall be established in the competent flood control office and comprised of 20 members, including one chairperson.
(2) The head of the competent flood control office shall be the chairperson and members shall be appointed or commissioned by the chairperson, from among the persons falling under any of the following:
1. Public officials in general service who belong to the river management agency or the flood control office;
2. A person of considerable knowledge and experience in water resource development, rivers, cities, the environment, law and the economy;
3. A person falling under any of the following:
(a) A person entitled to use the river water of the river area;
(b) An interested person regarding the use of river water of the river area; and
(c) An interested person related to a civic group, who is recommended by the competent Mayor/Do governor;
4. A person recommended by the installer of a dam, etc.; and
5. A person who is recognized by the chairperson as having interests in the use of the river water.
(3) The chairperson shall represent the Council and exercise overall control of affairs of the Adjustment Council: Provided, That if the chairperson is unable to perform his/her duties on grounds of inevitability, a member who has been appointed by the chairperson in advance shall act on behalf of the chairperson in performing the latter's duties.
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 Article 63 (Functions of Adjustment Council)   print
The Adjustment Council shall deliberate upon the following matters:
1. Matters on the adjustment and distribution of river water;
2. Matters on the operation of the Adjustment Council; and
3. Other matters on the adjustment of river water, brought up by the chairperson.
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 Article 64 (Secretary)   print
(1) The Adjustment Council shall have a secretary for dealing with affairs of the Adjustment Council.
(2) The secretary of the Adjustment Council shall be designated by the chairperson from among public officials belonging to the administrative agency to which the chairperson belongs.
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 Article 65 (Meetings)   print
(1) Meetings of the Adjustment Council shall been convened by the chairperson.
(2) Meetings of the Adjustment Council shall open with the attendance of a majority of the total members on the register roll and pass a resolution with the concurrent vote of a majority of those present.
(3) When any meeting is to be convened in accordance with paragraph (1), its agenda shall be known to its member by no later than ten days before the opening of such meeting.
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 Article 66 (Minutes)   print
(1) The secretary of the Adjustment Council shall prepare and keep minutes.
(2) The minutes referred to in paragraph (1) shall include the dates and places, the details of mediation and other matters of meetings.
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 Article 67 (Allowances and Travel Expenses)   print
Allowances and travel expenses may be paid to the members attending the Adjustment Council within budget limits: Provided, That the same shall not apply to cases where public officials attend the said meeting as members in direct relation to their duties.
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 Article 68 (Rules for Operation)   print
The Minister of Land, Transport and Maritime Affairs shall determine necessary matters concerning the composition and the operation of the Adjustment Council, other than those provided for in this Decree.
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 Article 69 (Application for Mediation)   print
Any person who intends to apply for a mediation of a dispute regarding the use of river water pursuant to Article 54 (1) of the Act shall file with the Central River Management Committee an application for such mediation as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, accompanying by documents on negotiation process between the parties concerned and other documents that may serve as reference for such mediation.
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 Article 70 (Request for Judgment, etc.)   print
The Central River Management Committee which has received an application pursuant to Article 69 may, in cases where it is deemed necessary, ask specialized institutions concerned to judge, affirm and test.
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 Article 71 (Procedures for Hearing Opinions)   print
The Central River Management Committee shall, in cases where it intends to hear opinions from parties and related specialists by allowing them to attend a meeting under Article 54 (7) of the Act, notify them in writing by seven days prior to such meeting.
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 Article 72 (Bearing of Expenses)   print
(1) Expenses necessary for an investigation or service for dispute mediation under Article 57 (1) of the Act shall be as follows:
1. Expenses incurred in appraisal, diagnosis, tests, etc.;
2. Expenses incurred in the adaption of witnesses or evidence;
3. Expenses incurred in examination and the investigation; and
4. Expenses incurred in mediation, such as recording, stenography, interpretation, etc.
(2) The Central River Management Committee shall, in cases where it has expenses to be incurred in dispute mediation deposited pursuant to Article 57 (2) of the Act, determine the amount to be deposited, details of such amount, a place where such amount is deposited and a period for which the amount has to be deposited, and then notify in writing an applicant for mediation of dispute.
(3) The Central River Management Committee may, in cases where an applicant for mediation of dispute fails to deposit the prescribed amount within a fixed period for deposit under paragraph (2), withhold the mediation regarding the application for mediation of dispute involving river water under Article 54 of the Act.
(4) The Central River Management Committee shall, in cases where it notifies its decision to reject or halt the dispute mediation pursuant to Article 55 of the Act, or submit a draft mediation pursuant to Article 56 (1) of the Act, perform a settlement of accounts within five days from the date of notice or submission and notify an applicant for mediation of dispute in writing.
CHAPTER VIII EXPENSES AND REVENUES CONCERNING RIVERS
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 Article 73 (Scope of Expenses and Revenues Concerning Rivers)   print
(1) Expenses necessary for river works, the maintenance and repair, etc. of river under Article 58 of the Act shall be that which falls under any of the following subparagraphs:
1. Expenses incurred in river works;
2. Expenses incurred in the maintenance and repair of rivers;
3. Expenses incurred in the inspection, survey and design of rivers;
4. Expenses incurred in purchase of and compensation for land needed for river works, etc.;
5. Expenses incurred in purchase, relocation and compensation of installations required for the maintenance and repair of rivers or materials impeding them;
6. Expenses incurred in loss compensation under Articles 76 or 77 of the Act; and
7. Other expenses incurred in the management of rivers.
(2) Revenues from rivers under Article 58 of the Act shall accrue from that which falls under any of the following:
1. River occupancy and usage charges, etc.;
2. Income from the dispositions of installations or other materials which have been nationalized or communized under Article 48 (3) of the Act;
3. Amount from the disposal of desolate river sites which have been transferred pursuant to Article 85 of the Act;
4. Permission fees under Article 89 (1) of the Act; and
5. Other revenues from the management and operation of rivers.
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 Article 74 (Bearing of Expenses by City/Do)   print
(1) The Minister of Land, Transport and Maritime Affairs may have a City/Do bear expenses falling under any of the following subparagraphs in accordance with Article 61 (1) and (2) of the Act:
1. In cases where the treasury bears expenses concerning rivers under Article 59 of the Act, the City/Do in the location of the river concerned shall be made to bear not more than 1/4 of such expenses;
2. In cases where the treasury bears expenses concerning rivers under Article 60 of the Act, the City/Do shall be made to bear not more than 1/3 of such expenses;
3. In cases where any other City/Do benefiting from any river works and the maintenance and repair of river is made to bear such expenses under Article 61 (2) of the Act, such City/Do shall be made to bear not more than 1/4 of such expenses.
(2) In cases where the Minister of Land, Transport and Maritime Affairs shall, when he/she intends to have a City/Do bear a part of the expenses incurred in river works, maintenance and repair, etc. of rivers pursuant to paragraph (1), consult with the Minister of Public Administration and Security about the amount to be borne by the City/Do.
(3) The Mayor/Do governor who intends to have any other City/Do bear part of the expenses incurred in any river works, or maintenance or repair of rivers pursuant to Article 61 (2) of the Act, shall file with the Minister of Land, Transport and Maritime Affairs a written request, expressly stating the name of the river concerned, the name of the river works, the costs of such works and the amount to be borne by any other City/Do.
(4) The Minister of Land, Transport and Maritime Affairs shall, when he/she deems a request made pursuant to (3) justifiable, notify in writing (including by electronic documents) any other City/Do benefiting therefrom to bear the expenses. In such cases, a copy of the written request referred to in paragraph (3) shall be accompanied therewith.
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 Article 75 (Bearing of Expenses by Si/Gun/Gu)   print
(1) The expenses any Mayor/Do governor may have a Si/Gun/Gu (referring to an autonomous Gu; hereafter the same shall apply in this Article) bear pursuant to Article 61 (3) of the Act shall not be more than 1/4 of the expenses borne by the Mayor/Do governor in accordance with Article 74 (1).
(2) The Mayor/Do governor shall, when he/she intends to have the Si/Gun/Gu bear the expenses pursuant to Article 61 (3) of the Act, issue a written notice (including by electronic documents), expressly indicating the name of the relevant river, the name of river works, the costs of such works and the amount to be borne by the Si/Gun/Gu.
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 Article 76 (Scope of Subsidies for Expenses)   print
(1) The term "river works prescribed by Presidential Decree" in subparagraph 2 of Article 64 of the Act means any of the following works: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. River works implemented for restoration from disasters;
2. Maintenance works for local rivers;
3. The creation of underflow lands, flood control lands and the channels of outflow;
4. Deleted. <by Presidential Decree No. 21824, Nov. 16, 2009>
(2) The term "other matters prescribed by Presidential Decree" referred to in subparagraph 3 of Article 64 of the Act means the establishment of basic river plans.
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 Article 77 (Standards, etc. for Using Receipts)   print
(1) The receipts referred to Article 66 of the Act shall be used for the following purposes, but priority shall be given to the use of such receipts for the purposes of subparagraphs 1 and 2:
1. Expense incurred in maintenance and repair of river;
2. Compensation for the land incorporated into river areas;
3. Expenses incurred in the establishment of basic river plans for the local river, the preparation of a river facility and a floodgate survey device;
4. Expenses incurred in the preparation and management of a river register with respect to river revenues and desolate river sites;
5. Expenses incurred in the management and disposition of desolate river sites;
6. Expenses incurred in river works;
7. Other expenses incurred in river management.
(2) Where a local government collects and uses the receipts, it shall submit the current status of collections and the details of uses to the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 78 (Interest Concerning Refund of Erroneously Paid Charges, etc.)   print
The term "interest prescribed by Presidential Decree" in Article 68 of the Act means the interest under Article 73 of the Enforcement Decree of the State Property Act. <Amended by Presidential Decree No. 21641, Jul. 27, 2009>
CHAPTER IX SUPERVISION
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 Article 79 (Custody and Handling, etc. of Occupied Fixtures, etc.)   print
(1) A river management agency shall, when it removes any occupied fixtures and use pursuant to Article 73 (1) of the Act, take measures to have the owner or the manager of such occupied fixtures easily learn the place of custody of the occupied fixtures, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) A river management agency shall, when it keeps occupied fixtures in custody pursuant to paragraph (1), publish the details of custody of such occupied fixtures in the bulletin board of the river management agency and on the Internet, etc. for a certain period, make and keep the list thereof and allow the relevant persons to peruse the list, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) A river management agency shall, when it is impossible to identify the owner or the manager of the occupied fixtures, etc. after the lapse of the publication period referred to in paragraph (2), publish again the matters that have already been published under paragraph (2) in daily newspapers and on the Internet: Provided, That in the event that such occupied fixtures are recognized as having no property value worth publishing them in daily newspapers, they shall be published on the Internet.
(4) In the event that the occupied fixtures are anticipated to be qualitatively changed, defaced or destroyed, etc. while being kept in custody under paragraph (1), the river management agency may sell them and keep the proceeds therefrom. In such cases, paragraphs (2) and (3) shall apply mutatis mutandis to the publication of the keeping of such proceeds.
(5) When the occupied fixtures are sold in accordance with paragraph (4), with the exception of case falling under either of the following subparagraphs, they shall be sold by means of competitive bidding under the conditions prescribed by the Act on Contracts to Which the State is a Party or the Act on Contracts to Which a Local Government is a Party:
1. Where it is recognized that no bidder exists even they are placed for competitive bidding;
2. Where they are of little property value worth placing them for competitive bidding or such competitive bidding is deemed inappropriate.
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 Article 80 (Return of Items of Occupation and Use)   print
(1) The river management agency shall, when it intends to return any items of occupation and use (including the proceeds therefrom; hereafter the same shall apply) to the owner or the manager thereof, verify whether the person who has filed an application for return thereof is the bonafide right holder after receiving an application for return as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The river management agency shall, when it returns the items of occupation and use in accordance with paragraph (1), collect expenses incurred in the removal, transportation or sale thereof from the owner or the manager thereof.
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 Article 81 (Reversion of Unreturned Items of Occupation and Use)   print
The river management agency may, when it has been impossible to identify the owner or the manager eligible to the return of the items of occupation and use or no request has been made for the return of the items of occupation and use even after the lapse of the period under Article 253 of the Civil Act, revert them to the National Treasury in cases where the river management agency is the Minister of Land, Transport and Maritime Affairs and revert them to the Mayor/Do governor in cases where the river management agency is the Mayor/Do governor.
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 Article 82 (Inspection of River Management)   print
(1) The river management agency shall inspect matters falling under the following subparagraphs by the end of May of each year pursuant to Article 74 (1) of the Act and take necessary measures:
1. The status of maintenance of banks and shore protection;
2. The status of upgrade of structures, such as floodgates attached to banks;
3. The current status of various obstacles impeding water flow;
4. The status of illegal occupancy of rivers;
5. Other matters necessary for the management of rivers such as the prevention of floods, etc.
(2) The river management agency shall notify the Minister of Land, Transport and Maritime Affairs of matters of inspection and the results of measures taken pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs .
CHAPTER X SUPPLEMENTARY PROVISIONS
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 Article 83 (Applications for Adjudication)   print
The provisions of Article 40 shall apply mutatis mutandis to applications for adjudication pursuant to Article 76 (3) of the Act (including cases applied mutatis mutandis in accordance with Article 77 (1) of the Act).
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 Article 84 (Procedures for Request for Purchase)   print
(1) Any person who intends to request purchase in accordance with Article 79 (1) of the Act (hereinafter referred to as the "requester") shall submit a written request for purchase as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs to the river management agency.
(2) The river management agency which has received a request for purchase in accordance with paragraph (1) shall determine whether the relevant request falls under the criteria for land subject to purchase pursuant to Article 85 (hereinafter referred to as "purchase criteria") and notify the requester as to whether such land is qualified for purchase and, in cases where it falls under land subject to purchase, the estimated price.
(3) The estimated purchase price pursuant to Article 80 (1) of the Act (hereinafter referred to as "estimated purchase price") means the officially announced price of individual land (referring to the officially announced price of individual land under Article 11 of the Public Notice of Values and Appraisal of Real Estate Act; hereinafter the same shall apply) of the relevant land at the time when the request for purchase has been made.
(4) The river management agency shall, when it has notified the estimated purchase price in accordance with paragraph (2), entrust the appraisal and evaluation on the land subject to purchase to two or more appraisal businesses (referring to appraisal businesses under subparagraph 9 of Article 2 of the Public Notice of Values and Appraisal of Real Estate Act; hereinafter the same shall apply) and determine the purchase price in accordance with the methods of calculation under Article 87.
(5) The river management agency shall, in cases where it intends to entrust the appraisal and evaluation pursuant to paragraph (4), notify the requester of the fact on the entrustment of the appraisal and evaluation by no later than one month prior to such entrustment.
(6) The river management agency shall, when it has determined the purchase price pursuant to paragraph (4), notify the requester thereof without delay.
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 Article 85 (Criteria for Determination on Land subject to Purchase)   print
The criteria for determining land subject to purchase (hereinafter referred to as the "land subject to purchase") pursuant to Article 79 (1) of the Act shall follow the following subparagraphs. In such cases, with regards to deterioration in the utility of land, impossibility of use and profitability, etc., no cause attributable to the principal shall exist:
1. Land, the utility of which is considerably deteriorated due to its unuseability in accordance with the original purpose: The officially announced price of individual land of the relevant land as of the date when the request for purchase has been applied is less than 50/100 of the average amount of officially announced prices of individual parcels of land (excluding officially announced prices of individual parcels of land subject to purchase) with the same land category within the river area designated within Eup/Myeon/Dong where the relevant land is located due to the unuseability of the land subject to purchase in accordance with the land category identical to that before the designation of river area (in cases where the requester approves with official documents, that he/she has used the land lawfully in a manner different from the land category on the official land register before the designation of a river area, the actual purpose prior to the designation of a river area shall be deemed the land category); or
2. Land, the use and profitability of which is impossible: The use and profitability of the relevant land becomes impossible due to the restriction of activities in accordance with Articles 33 and 46 of the Act.
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 Article 86 (Purchase Deadline)   print
The term "period prescribed by Presidential Decree" in Article 80 (2) of the Act means three years from the date when a notice on the land subject to purchase has been served on the requester.
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 Article 87 (Time and Methods of Calculation of Purchase Price)   print
(1) The term "land price fluctuation rate and the producer price increase rate prescribed by Presidential Decree" in the former part of Article 80 (3) of the Act means the land price fluctuation rate researched by the Minister of Land, Transport and Maritime Affairs in accordance with Article 125 (1) of the Enforcement Decree of the National Land Planning and Utilization Act and the producer price increase rate calculated based on the producer price index researched and prepared by the Bank of Korea in accordance with Article 86 of the Bank of Korea Act.
(2) The purchase price of land subject to purchase under Article 80 (3) of the Act shall be the arithmetic mean of the amounts appraised by two appraisal businesses based on the officially announced price of reference land under subparagraph 5 of Article 2 the of 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 businesses pursuant to paragraph (2).
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 Article 88 (Notice for Payment of Costs for Appraisal and Evaluation, etc.)   print
(1) The river management agency may have the requester bear the total amount of costs of appraisal and evaluation from among the costs incurred in the appraisal and evaluation in accordance with the main body of Article 81 (2) of the Act.
(2) The river management agency shall, in cases where it intends to have the requester bear the cost for appraisal and evaluation in accordance with paragraph (1), issue a notice for payment in which the following matters are stated to the requester within seven days from the date when the request for purchase has been withdrawn:
1. The name and address of the land owner (the title, location and the name of the representative in cases of any corporation);
2. Lot number of the land subject to purchase and its size;
3. Notified amount for payment;
4. Payment deadline;
5. Detailed statement on the calculation of the expenses for appraisal and evaluation;
6. Reasons for payment notice.
(3) The requester who has received a notice for payment in accordance with paragraph (2) shall pay a notified amount for appraisal and evaluation to the river management agency within one month from the date when he/she has been notified.
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 Article 89 (Rates)   print
The term "rate prescribed by Presidential Decree" in the proviso to Article 81 (2) of the Act means 30/100.
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 Article 90 (Delegation or Entrustment of Loss Compensation Business)   print
(1) The term "government-funded institution prescribed by Presidential Decree" in Article 82 (1) of the Act means any of the following institutions: <Amended by Presidential Decree No. 21565, Jun. 26, 2009; Presidential Decree No. 21744, Sep. 21, 2009>
1. The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act;
2. Deleted; <by Presidential Decree No. 21744, Sep. 21, 2009>
3. The Korea Water Resources Corporation under the Korea Water Resources Corporation Act;
4. The Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act.
(2) The rate of fees for delegation or entrustment under Article 82 (2) of the Act shall be as shown in attached Table 4.
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 Article 91 (Exchange of Desolate River Site, etc.)   print
(1) When a river management agency intends to exchange a desolate river site referred to in Article 85 (1) of the Act with any other person's land which has become a new river area, he/she shall take into account the current status of the previous land which has become a new river area, the land register and hydraulic conditions, etc.
(2) The Minister of Land, Transport and Maritime Affairs shall exchange desolate river sites, etc. on the basis of the following prices in accordance with Article 84 (1) of the Act:
1. In cases of a desolate river site, etc., it shall be based on the price at the time of such exchange;
2. In cases of land which has newly become a river area or land which has already been incorporated within a river area, it shall be the price falling under any of the following items:
(a) The amount which derives from the addition of land price at the time of incorporation into the land-price fluctuation value (hereinafter referred to as the "land-price fluctuation value") set according to the land price fluctuation rate under Article 125 (1) of the Enforcement Decree of the National Land Planning and Utilization Act until the time of exchange;
(b) The price of land which is located nearby and similar to the land at the time of its incorporation and the price of which is quoted at the time of its exchange.
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 Article 92 (Concession of Desolate River Sites, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs shall concede any desolate river site, etc. in the order falling under each of the following subparagraphs pursuant to the main body of Article 85 (1) of the Act:
1. 1st: The original land owner before the incorporation into a river area, who has not been compensated for relinquishment of his/her land or has not obtained any desolate river site, etc. in exchange for his/her land;
2. 2nd: A person who has implemented river works pursuant to Articles 28 and 30 of the Act; and
3. 3rd: The Mayor/Do governor who maintains and repairs national rivers.
(2) Any original land owner referred to in paragraph (1) shall be granted a concession of a desolate river site, etc., the price of which is equivalent to the price of his/her original land. In such cases, the price of the desolate river site, etc. and that of the original land shall be calculated on the basis falling under 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 based on the amount which derives from the addition of the land price at the time of incorporation into the land-price fluctuation value until the time of concession or the price of land which is located near and similar to land at the time of incorporation and the price of which is quoted at the time of concession.
(3) The contractor of river works under paragraph (1) 2 shall be granted a concession of a desolate river site, the price of which is equivalent to the cost of such works. In such cases, the price of such desolate river site, etc. and the costs of works shall be calculated on the basis falling under the following subparagraphs:
1. The price of the desolate river site, etc. shall be based on the appraised price at the time of completion of the works and in cases where the price of the desolate river site, etc. has been risen by the contractor's payment of utility expenses to the desolate river site, etc., the increased portion shall be deducted from the appraised price: Provided, That in cases where the price of desolate river site, etc. which is generated by river works apparently falls short of the cost of works, it shall be based on the price calculated according to the publically announced price of land which is located near and similar to such land; and
2. The cost of works shall be the amount calculated at the time of the completion of such works in accordance with 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 a Local Government is a Party.
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 Article 93 (Matters Deliberated upon by River Management Committee)   print
The term "matters prescribed by Presidential Decree" in Article 87 (2) 4 of the Act means any of the following:
1. Matters on the calculation of the volume of water flow for river maintenance;
2. Matters on the prevention of disasters on rivers;
3. Matters on the prevention of rivers from drying up.
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 Article 94 (Duties of Chairperson)   print
(1) The chairperson of the River Management Committee under Article 87 (1) of the Act (hereinafter referred to as the "River Management Agency") shall represent the River Management Committee and exercise general control of the business.
(2) The vice-chairperson shall, in cases where the chairperson is unable to perform his/her duties due to inevitable reasons, act on behalf of the chairperson and a member designated in advance by the chairperson shall, in cases where both the chairperson and vice-chairperson are unable to perform their duties due to inevitable reasons, vicariously perform the chairperson's duties.
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 Article 95 (Meetings)   print
(1) The chairperson shall, when he/she deems it necessary, convene a meeting of the River Management Committee.
(2) Meetings of the River Management Committee shall open with the attendance of a majority of its members on the register and pass a resolution with the consent of a majority of its members present.
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 Article 96 (Expert Members)   print
(1) The River Management Committee may, when deemed necessary for the efficiency of deliberation, have expert members.
(2) Expert members referred to in paragraph (1) shall be commissioned by the chairperson, from among persons with professional knowledge and experience with respect to the development of water resources and rivers.
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 Article 97 (Secretary and Clerks)   print
(1) The River Management Committee shall have a secretary and clerks.
(2) The secretary and clerks of the River Management Committee shall be designated by the chairperson, from among public officials belonging to the competent administrative agency.
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 Article 98 (Minutes)   print
(1) The secretary of the River Management Committee shall, upon orders from the chairperson, prepare and keep minutes.
(2) Minutes referred to in paragraph (1) shall include the date and place, the details of deliberation and other matters of the meetings.
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 Article 99 (Allowances and Travel Expenses)   print
Allowances and travel expenses may be paid to the members and expert members attending meetings within budgetary limits: Provided, That the same shall not apply where members who are public officials attend meetings in direct relation with their duties.
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 Article 100 (Composition and Operation of Sub-Committees)   print
(1) With regards to the types and affairs of sub-committees to be organized under the Central River Management Committee in accordance with Article 87 (7) of the Act, the following classification shall be applied: Provided, That where sub-committees are organized under the Local River Management Committee, the types and affairs of the sub-committees shall be determined by the competent Local River Management Committee: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. Comprehensive sub-committee: Affairs relating to two or more sub-committees or to the overall river management;
1-2. Sub-committee 1: The downstream area of Paldang Dam from the Han River System within the Han River Sphere, the Anseong River System and the Han River-West Sea Water System;
2. Sub-committee 2: The upstream area of Paldang Dam from among the Han River System within Han River Sphere, YangyangNamdaecheon, GangreungNamdaecheon, Samcheok Oshipcheon and the Han River-East Sea Water System;
3. Sub-committee 3: Nakdong River Sphere;
4. Sub-committee 4: Geumgang River Sphere;
5. Sub-committee 5: Yeongsan River Sphere; Seomjin River Sphere and Jeju Province Sphere.
(2) The sub-committees under paragraph (1) shall be comprised of 20 members, including one chairperson. <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
(3) Members of each sub-committee shall be selected by the river management agency, from among its members, and the members of the river management agency may be members of two or more sub-committees.
(4) The chairperson of each sub-committee shall be as follows: <Amended by Presidential Decree No. 21824, Nov. 16, 2009>
1. Comprehensive sub-committee: The vice-chairperson of the Central River Management Committee;
1-2.Sub-committee 1: The head of the Seoul Local Management Agency of National Land;
2. Sub-committee 2: The head of the Wonju Local Management Agency of National Land;
3. Sub-committee 3: The head of the Busan Local Management Agency of National Land;
4. Sub-committee 4: The head of the Daejeon Local Management Agency of National Land;
5. Sub-committee 5: The head of the Iksan Local Management Agency of National Land;
(5) Meetings of each sub-committee shall open with the attendance of a majority of all incumbent members and its resolutions shall be passed with the affirmative vote of a majority of members present.
(6) Deleted. <by Presidential Decree No. 21824, Nov. 16, 2009>
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 Article 101 (Rules for Operation)   print
The chairperson shall determine necessary matters concerning the operation of the River Management Committee, other than matters provided for in this Decree, after undergoing resolutions by the Committee.
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 Article 102 (Publication of Establishment Authorization for Association)   print
When the Minister of Land, Transport and Maritime Affairs grants authorization for the establishment of the Association under Article 88 (1) of the Act (hereinafter referred to as the "Association"), he/she shall publish matters on its purposes, name, location of main office on the Official Gazette.
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 Article 103 (Matters, etc. to be Entered in Articles of Incorporation)   print
The following matters shall be included in the articles of incorporation of the Association:
1. Purposes;
2. Name;
3. Location of main office;
4. Projects;
5. Qualifications of members;
6. Executives and employees;
7. General meetings and the board of directors;
8. Finance and accounting;
9. Amendments to the articles of incorporation.
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 Article 104 (Supervision over Association)   print
(1) The Minister of Land, Transport and Maritime Affairs shall supervise the affairs of the Association.
(2) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary for directing and supervising the Association, order it to file a report on its affairs or submit data, or other necessary matters.
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 Article 105 (Delegation of Authority)   print
(1) The Minister of Land, Transport and Maritime Affairs shall delegate his/her authority falling under the following subparagraphs to the Mayor/ Do governor pursuant to Article 92 (1) of the Act: <Amended by Presidential Decree No. 21931, Dec. 30, 2009>
1. The authority which falls under the following items concerning national rivers (excluding national rivers falling under subparagraph 2):
(a) Receipt of reports concerning the succession of rights and obligations under Article 5 (2) of the Act (limited to matters permitted by the Mayor/Do governor);
(b) Permission for the occupancy and use of rivers and publication thereon under Article 33 (1) 1, 5 and 6 of the Act;
(c) The execution of works on river occupancy and use by proxy under Article 36 (1) of the Act and the notice for period of works under Article 36 (2) of the Act (limited to matters permitted by the Mayor/Do governor);
(d) Permission for any act in a predetermined river land and a flood control area under Article 38 of the Act;
(e) Orders issued to restore to original state, exemption from duties of restoration, the nationalization of installations, etc., the deposit of expenses incurred in the restoration under Article 48 of the Act (limited to matters permitted by the Mayor/Do governor)
(f) The refund of erroneously paid charges, etc. under Article 68 of the Act (limited to payments imposed by the Mayor/Do governor);
(g) Dispositions against violators of the acts and subordinate statutes under Article 69 of the Act (limited to matters for which the authority concerning permission is delegated to the Mayor/Do governor);
(h) Orders given to take disposition or measures under Article 70 of the Act (limited to matters permitted by the Mayor/Do governor);
(i) Removal, custody, disposition, and other necessary measures, of occupied fixtures provided for in Article 73 of the Act;
(j) Access, etc. to any other person's land under Article 75 of the Act (limited to matters for which the authority concerning permission is delegated to the Mayor/Do governor);
(k) The collection of permit fees under Article 89 of the Act (limited to matters permitted by the Mayor/Do governor);
(l) Reports and entry, etc. under Article 90 of the Act (limited to 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 matters permitted by the Mayor/Do governor);
(n) The imposition and collection of fines for negligence under Article 98 (2) of the Act (limited to cases where prohibited acts have been conducted, in violation of subparagraph 6 of Article 46 of the Act);
(o) The imposition and collection of fines for negligence under Article 98 (3) 1, 6 and 7 of the Act (limited to matters for which the authority concerning permission is delegated to the Mayor/Do governor);
2. The authority falling under the following items concerning national rivers that belong to any river system of the Anseong River, the Sapgyo River, the Mangyeong River, the Dongjin River, the Tamjin River, the Taehwa River and the Hyeongsan River: Provided, That the authority under items (b) through (f), (o) and (p) concerning river works recognized and notified by the Minister of Land, Transport and Maritime Affairs as necessary for river basin management or emergency measures to restore from disasters, etc., shall be excluded:
(a) Registration of reports pertaining to the succession of rights and obligations pursuant to Article 5 (2) of the Act (limited to the matters permitted by the Mayor/Do governor);
(b) Establishment and alteration of river works execution plans pursuant to Article 27 (1) and (3) of the Act, and the notification of objections thereto;
(c) River works under the main sentence of Article 27 (5) of the Act;
(d) River works, and maintenance and repair of rivers, under Article 27 (6) of the Act;
(e) Issuance of notice on completion of river works pursuant to Article 27 (7) of the Act;
(f) Consultation with the heads of relevant administrative agencies pursuant to Article 32 (3) of the Act (limited to cases where a river works execution plan has been established or altered, and notified, pursuant to item (b));
(g) Permission for occupancy and use of rivers pursuant to Article 33 (1) 1, 5 and 6 of the Act, and the notification of the permission for occupancy;
(h) Execution of works on river occupancy and use by proxy under Article 36 (1) of the Act and the notice on the period of execution under paragraph (2) of the same Article (limited to the matters permitted by the Mayor/Do governor);
(i) Permission for acts within predetermined river lands and flood control areas under Article 38 of the Act;
(j) Orders for restoration, exemption from the duty to restore, nationalization of installations, etc., and deposit of costs for restoration under Article 48 of the Act (limited to the matters permitted by the Mayor/Do governor);
(k) Refund of erroneously paid charges, etc. under Article 68 of the Act (limited to those imposed by the Mayor/Do governor);
(l) Disposition, etc. of violators of Acts and subordinate statutes under Article 69 of the Act (limited to the affairs for which the authority for permission has been delegated to the Mayor/Do governor);
(m) Orders for disposition or taking measures under Article 70 of the Act (limited to the matters permitted by the Mayor/Do governor);
(n) Removal, safekeeping and disposal of occupied fixtures, etc. and other necessary countermeasures under Article 73 of the Act;
(o) Entry, etc. to others' land pursuant to Article 75 of the Act (limited to the affairs for which the authority has been delegated to the Mayor/Do governor);
(p) Expropriation and use of land, etc. pursuant to Article 78 of the Act;
(q) Collection of permission fees under Article 89 of the Act (limited to the matters permitted by the Mayor/Do governor);
(r) Report and entry, etc. under Article 90 of the Act (limited to the affairs for which the authority for permission has been delegated to the Mayor/Do governor);
(s) Hearings under Article 91 of the Act (limited to the matters permitted by the Mayor/Do governor);
(t) Imposition and collection of fines for negligence under Article 98 (2) of the Act (limited to cases where any person commits a prohibited act in violation of subparagraph 6 of Article 46 of the Act);
(u) Imposition and collection of fines for negligence under Article 98 (3) 1, 6 and 7 of the Act (limited to the matters for which the authority has been delegated to the Mayor/Do governor);
3. In cases of local rivers, the exchange and transfer of a desolate river site, etc. under Article 85 of the Act (limited to cases where desolate river site, etc. is national land).
(2) The authority falling under each of the following subparagraphs, from among the authority of the Minister of Land, Transport and Maritime Affairs shall be delegated to the head of the Local Management Agency of National Land (referring to the head of the Local Management Agency of National Land who holds jurisdiction over the longest river, in cases of subparagraph 1 (i) and (j) and subparagraph 2, if one river system is under the jurisdictions of the heads of not less than two Local Management Agencies of National Land) in accordance with Article 92 (1) of the Act: <Amended by Presidential Decree No. 21931, Dec. 30, 2009>
1. The authority falling under the following items with respect to national rivers:
(a) The receipt of reports on the succession of rights and obligations under Article 5 (2) of the Act (limited to the matters permitted or approved by the head of the Local Management Agencies of National Land);
(b) Consultations or approval under Article 6 (1) of the Act (excluding cases where a project conductor is the head of a central administrative agency);
(c) Consultations or approval with respect to the establishment of rights and other dispositions under Article 6 (2) of the Act (excluding cases where a project conductor is the head of a central administrative agency);
(d) The determination, alteration or closure of a river area and the publication thereof under Article 10 (1) of the Act;
(e) The designation, alteration or closure of a planned river area and the publication thereof under Article 11 (1) of the Act;
(f) The publication of the decision on river areas under Article 11 (5) of the Act;
(g) The designation, alteration, or closure of a flood control area and the publication thereon under Article 12 of the Act;
(h) The enactment of management regulation for river facilities under Article 14 (1) of the Act and approval on the management regulations for river facilities pursuant to paragraph (2) of the said Article;
(i) The preparation and keeping of river registers under Article 15 (1) of the Act;
(j) The development of basin comprehensive flood control plans and revisions to such plans pursuant to Article 24 (1) and (2) of the Act;
(k) The formulation and alteration of river works implementation plan and its publication under Article 27 (1) of the Act;
(l) River works under the main body of Article 27 (5) of the Act;
(m) River works and the maintenance and repair of rivers under Article 27 (6) of the Act;
(n) Publication of the completion of river works under the provisions of Article 27 (7) of the Act;
(o) The implementation of river works by proxy and the publication of the completion of such river works by proxy under Article 28 (1) and (2) of the Act;
(p) Order to execute works against a person who has inflicted such works under Article 29 of the Act;
(q) Permission for river works and the maintenance and repair of rivers under Article 30 (1) of the Act, consultation under paragraph (2) of the said Act and notifications under paragraph (3) of the said Act;
(r) Orders issued to deposit the costs of works under the provisions Article 30 (4) of the Act;
(s) The authorization and altered authorization of implementation plan and its publication (excluding implementation plans regarding river waters) under Article 30 (5) and (6) of the Act;
(t) The authorization of the completion of river works and requests for inspection (limited to matters whose authority for permission is delegated to the head of the Local Management Agency of National Land) necessary for such authorization under Article 30 (7) and (8) of the Act;
(u) Comprehensive permission under Article 30 (10) of the Act;
(v) Consultations with the heads of the relevant administrative agencies under Article 32 (3) of the Act (excluding consultations regarding the development of installation plans for river facilities in accordance with Article 31 (2) of the Act);
(w) Permission for occupying rivers under subparagraph 2 (excluding multi-purpose dams), subparagraph 3 (excluding multi-purpose dams and river mouth dikes) and subparagraph 4 of Article 33 (1) of the Act and authorities under paragraphs (5), (6), and (8) of the said Article;
(x) The implementation of river occupancy and use works by proxy and notices of periods of works (limited to matters permitted by the head of the Local Management Agency of National Land) under Article 36 (1) of the Act;
(y) Prohibition or restrictions on river use, its publication, and installing of sign boards under Article 47 of the Act;
(z) Orders issued to restore to original state, the exemption from the duty to restore to original state under Article 48 (1) of the Act, notices under paragraph (2) of the said Article, the nationalization of installations, etc. under paragraph (3) of the said Article, and deposits of expenses for restoration to original state under paragraph (4) of the said Article (limited to matters for which the authority with respect to permission is delegated to the head of the Local Management Agency of National Land);
(aa) Orders to Cities/Dos to bear expenses under Article 61 (1) and (2) of the Act;
(ab) The return of payments made in error under Article 68 of the Act (limited to that which is imposed by the head of the Local Management Agency of National Land);
(ac) The cancellation of permission or approval under Article 69 of the Act (limited to the matters for which the authority with respect to permission or approval is delegated by the head of the Local Management Agency of National Land);
(ad) Orders issued to take dispositions or measures under the provisions of Article 70 (1) of the Act (limited to matters permitted or approved by the head of the Local Management Agency of National Land);
(ae) Inspections of the status of river management under Article 74 of the Act;
(af) Entry, etc. into any other person's land under Article 75 of the Act (limited to matters for which the authority with respect to permission or approval is delegated to the head of the Local Management Agency of National Land);
(ag) The expropriation and use of land under Article 78 of the Act;
(ah) The purchase, etc. of land under Article 79 of the Act;
(ai) The exchange and concession of desolate river sites, etc. under Article 85 of the Act;
(aj) The collection of permission fees under Article 89 (1) of the Act (limited to matters permitted by the head of the Local Management Agency of National Land);
(ak) Reports and entry, etc. under Article 90 of the Act (limited to the matters for which the authority with respect to permission or approval is delegated to the head of the Local Management Agency of National Land);
(al) The hearings under Article 91 of the Act (limited to matters permitted or approved by the head of the Local Management Agency of National Land);
(am) The imposition and collection of fines for negligence under Article 98 (3) 1, 6 and 7 of the Act (limited to matters for which authority with respect to permission or approval is delegated to the head of the Local Management Agency of National Land);
2. The development, revision and publication of basic plans for rivers provided for in Article 25 of the Act.
(3) The Minister of Land, Transport and Maritime Affairs shall delegate the authority falling under the following subparagraphs to the head of the competent flood control office pursuant to Article 92 (1) of the Act: Provided, That the authorities under subparagraphs 6, 8, 10, and 11 shall be delegated to the head of the Han River flood control office): <Amended by Presidential Decree No. 21824, Nov. 16, 2009; Presidential Decree No. 21931, Dec. 30, 2009>
1. The receipt of reports on the succession of rights and obligations under Article 5 (2) of the Act (limited to matters permitted by the head of the flood control office);
2. Consultation or approval under Article 6 (1) of the Act (limited to matters for which the authority with respect to permission is delegated to the head of the competent flood control office, and excluding cases where the executor of a project is the head of a central administrative agency);
3. Consultation or approval under Article 6 (2) of the Act (limited to matters for which the authority with respect to permission is delegated to the head of the flood control office, and excluding cases where the project executor is the head of a central administrative agency);
4. Orders of measures for flood prevention, etc. under Article 14 (5) of the Act;
5. The preparation and keeping of management books regarding floodgate survey facilities under Article 15 (2) of the Act;
6. Surveys of river basins and furnishing of such survey data under Article 16 (1) of the Act;
7. The execution of floodgate surveys under Article 17 (1) of the Act and the consultation under paragraph (3) of the said Article;
8. Official approval and the seal of official approval of floodgate survey devices and imposition and collection of fees under Article 19 of the Act;
9. Authority regarding the optimization of floodgate survey environments under Article 20 of the Act;
10. The preparation and distribution of flood alert maps and requests for submitting data under Article 21 (1) of the Act;
11. Authority regarding the information systemization of water resource information under Article 22 of the Act;
12. The approval, alteration approval of river works implementation plan and the publication thereof (limited to implementation plans related to river water) under Article 30 (5) and (6) of the Act;
13. The authorization of completion and requests for inspection (limited to matters for which the authority with respect to permission is delegated to the head of the flood control office) necessary for such authorization under Article 30 (7) and (8) of the Act;
14. Authorization of the installment of floodgate survey devices under Article 31 of the Act;
15. Requests for submission of records with respect to the management of dams and flood gates under Article 39 (3) of the Act;
16. Receipt of notices on the results of floodgate surveys and the management status thereof under Article 40 (2) of the Act and notices under paragraph (3) of the said Article;
17. Authorization on measures for flood control under Article 41 of the Act;
18. The implementation of flood forecasts provided for in Article 42 (1) of the Act;
19. Authorization related to restoration to original state under Article 48 of the Act (limited to matters for which the authority with respect to permission is delegated to the head of the flood control office);
20. Permission for use of river water under Article 50 (1) of the Act, notification under paragraph (2) of the said Article, restrictions under paragraph (3) of the said Article, and the collection of usage fees related to the collection of groundwater under paragraph (6) of the said Article;
21. Authority on the calculation of the required volume of river water provided for in Article 51 of the Act;
22. Requests for submission of data on the volume of outflow under Article 52 (2) of the Act, plans for use of river water and the receipt of records of using river water under paragraph (3) of the said Article, and the appraisal on records of using river water under paragraph (5) of the said Article;
23. Authority for mediation of the use of river water under Article 53 of the Act;
24. The return of payments made in error under Article 68 of the Act (limited to that which is imposed by the head of the flood control office);
25. Dispositions taken to cancel permission under Article 69 of the Act (limited to matters for which authority with respect to permission is delegated to the head of the flood control office);
26. Orders of disposition or measures under Article 70 of the Act (limited to matters permitted by the head of the flood control office);
27. Entry, etc. into any other person's land under Article 75 of the Act (limited to matters for which the authority with respect to permission is delegated to the head of the flood control office);
28. The collection of permit fees under Article 89 of the Act (limited to matters permitted by the head of the flood control office);
29. Entry, etc. into any other person's land under Article 90 of the Act (limited to matters for which the authority with respect to permission or approval is delegated to the head of the flood control office);
30. The hearings held under Article 91 of the Act (limited to matters permitted by the head of the flood control office);
31. The imposition and collection of fines for negligence under Article 98 (3) 1, 6 and 7 of the Act (limited to matters for which the authority with respect to permission is delegated to the head of the flood control office);
32. The imposition and collection of fines for negligence under Article 98 (3) 2 through 5 of the Act.
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 Article 105-2 (Adjustment following Delegation of Authority)   print
(1) Where the Mayor/Do governor establishes a river works execution plan pursuant to Article 105 (1) 2 (b), he/she shall hear in advance the opinion of the head of the competent Local Management Agency of National Land on the appropriateness of basic river plans and reflect the opinion.
(2) Where the Mayor/Do governor has exercised the authority under Article 105 (1) 2 (b) through (e), he/she shall report the results to the head of the competent Local Management Agency of National Land within ten days, as prescribed by the Minister of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Presidential Decree No. 21931, Dec. 30, 2009]
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 Article 106 (Entrusted Institutions)   print
Pursuant to Article 92 (3) of the Act, the Minister of Land, Transport and Maritime Affairs may entrust the following institutions with the business affairs specified in subparagraphs of the aforesaid paragraph. In such cases, the Minister of Land, Transport and Maritime Affairs shall make public notification of the entrusted institutions and entrusted business affairs.
1. Korea Water Resources Corporation under the Korea Water Resources Corporation Act;
2. Korea Institute of Construction Technology under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions;
3. The Association.
CHAPTER XI PENAL PROVISIONS
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 Article 107 (Imposition, etc. of Fines for Negligence)   print
(1) and (2) Deleted. <by Presidential Decree No. 21824, Nov. 16, 2009>
(3) The amount of a fine for negligence set by type of offenses shall be as shown in attached Table 5.
(4) The Minister of Land, Transport and Maritime Affairs or the river management agency may increase or mitigate the amount of a fine for negligence within the scope of 1/2 of the amount set in attached Table 5, taking into account the motives, details and frequency of violation. In such cases, the amount of an increased fine for negligence, if any, shall not exceed the upper limit for fines for negligence pursuant to Article 98 (1) and (2) of the Act.
(5) Deleted. <by Presidential Decree No. 21824, Nov. 16, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on April 7, 2008.
Article 2 (Transitional Measures Concerning Collection of Occupancy Fees, etc.)
The former provisons shall govern the collection of occupancy fees, etc. of permission for river occupancy granted before this Decree enters into force.
Article 3 Omitted.
Article 4 (Relation to other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes cite the former Enforcement Decree of the River Act or the provisions thereof as at the time this Decree enters into force, and if this Decree includes such corresponding provisions, they shall be deemed to cite the corresponding provisions of this Decree in lieu of the former provisions.
ADDENDA<Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009: Provided, That ...<omitted>... Article 3 of the Addenda shall enter into force on the date of its promulgation.
Articles 2 and 4 Omitted.
ADDENDA<Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA<Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 21824, Nov. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 24 shall be applicable starting from the first basic river plan established or changed after this Decree enters into force.
ADDENDA<Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Presidential Decree No. 21931, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 31, 2009.
Article 2 (Transitional Measures)
The authority over river works being executed pertaining to national rivers as at the time this Decree enters into force shall be governed by the former provisions.