Act On Antarctic Activities And The Protection Of Antarctic Environment


Published: 2014-10-15

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the protection of the Antarctic environment and the development of science and technology pertaining to Antarctica by providing for matters necessary for activities in the Antarctic area to actively participate in the international cooperative system for Antarctica, including the implementation of the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "Antarctic area" means the land, ice shelves, waters, and skies in and over the area south of the 60 degree South Latitude;
2. The term "Antarctic environment" means the natural system and its dependent and associated ecosystems in the Antarctic area;
3. The term "activity in Antarctica" means any activity undertaken in the Antarctic area, including scientific research, installation of facilities, exploration, tourism, and other similar activities, but excluding the following activities:
(a) Simple transit through the Antarctic area by aircraft, ship, or any other means;
(b) Fishing for commercial purposes only;
4. The term "Antarctic Treaty Consultative Party" means the Contracting Party State to the Antarctic Treaty recognized as the Antarctic Treaty Consultative Party at the Antarctic Treaty Consultative Meetings under subparagraph 5 in return for the establishment of a scientific station in the Antarctic area, the dispatch of a scientific expedition to the area, or the engagement, otherwise, in substantial scientific research activities in the area;
5. The term "Antarctic Treaty Consultative Meeting" means any meeting held for the exchanges of information about the Antarctic area and the formulation of, and deliberation on, recommendations regarding the Antarctic area to provide such recommendations to Contracting Parties pursuant to the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty (hereinafter referred to as the "Protocol");
6. The term "Committee for Environmental Protection" means the committee established pursuant to the Protocol to provide advice and recommendations in connection with the implementation of the Protocol;
7. The term "Antarctic mining resource" means any non-renewable, non-living resource deposits in the Antarctic area, including fossil fuel, and metal and nonmetal minerals;
8. The term "observer of activities in Antarctica" means any person designated by the Antarctic Treaty Consultative Meetings or the Antarctic Treaty Consultative Parties, including the Republic of Korea, to carry out inspections and monitoring as necessary in the Antarctic area pursuant to the Antarctic Treaty and the Protocol;
9. The term "native fauna and flora in Antarctica" means fauna and flora specified by Presidential Decree, such as mammals, birds, plants, and invertebrate animals native to the Antarctic area or that appear seasonally in the Antarctic area through natural migration.
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 Article 3 (Prohibited Activities)   print
No one shall undertake any of the following acts in the Antarctic area:
1. Establishment of military bases, testing of weapons, military maneuvers, or any other similar activities of a military nature;
2. Nuclear tests and disposal of radioactive wastes;
3. Exploration for, and picking, processing, transport, and storage of, mining resources in Antarctica and activities incidental thereto: Provided, That excluded herefrom are activities undertaken only for the purpose of scientific research with permission for the activities in Antarctica pursuant to Article 4;
4. Degradation, misappropriation, or concealment of, any historic site or monument, or any act of infringing upon effects thereof in Antarctica under Article 14 (1) 2.
CHAPTER II PERMISSION FOR ACTIVITIES IN ANTARCTICA
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 Article 4 (Permission for Activities in Antarctica)   print
(1) Any person who desires to undertake activities in Antarctica shall obtain permission from the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Any person who desires to change his/her activities for which the permission under paragraph (1) has been granted shall report the intended change: Provided, That a change in any essential matter specified by Presidential Decree among the matters described in the permission shall be subject to permission of the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Necessary matters concerning the procedures for, and the methods of, permission and reporting under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
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 Article 5 (Application for Permission for Activities in Antarctica)   print
Any person who desires to obtain permission under Article 4 for activities in Antarctica shall file an application for permission with the Minister of Foreign Affairs, along with the following documents attached thereto, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013>
1. A plan for activities in Antarctica;
2. An environmental impact assessment;
3. A waste management plan (applicable only to cases where a comprehensive environmental evaluation is submitted pursuant to Article 7);
4. A contingency plan for response to incidents with potentially adverse effects on the Antarctic environment (applicable only to cases where a comprehensive environmental evaluation is submitted pursuant to Article 7).
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 Article 6 (Disqualifications)   print
No permission for activities in Antarctica granted under Article 4 shall be obtained by any of the following persons: <Amended by Act No. 7428, Mar. 31, 2005; Act No. 12768, Oct. 15, 2014>
1. An incompetent under the adult guardianship or quasi-incompetent under the limited guardianship: Provided, That no restriction shall be placed on the qualifications, where a quasi-incompetent under the limited guardianship is proved to have legal capacity as prescribed by Ordinance of the Ministry of Foreign Affairs;
2. A person declared bankrupt and not yet reinstated;
3. A person for whom two years have not passed since his/her imprisonment with labor declared by a court for a violation of this Act was completely executed (including where the execution of the sentence is deemed completely executed) or exempted;
4. A person who is under suspension of the execution of his/her imprisonment with labor for a violation of this Act declared by a court;
5. A person for whom two years have not passed since permission for activities in Antarctica was revoked pursuant to Article 12 (1);
6. A legal entity or organization, the representative of which falls under subparagraphs 1 through 5.
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 Article 7 (Preparation, etc. of Environmental Impact Assessment)   print
(1) The environmental impact assessment under subparagraph 2 of Article 5 shall be prepared in accordance with the following classification:
1. Preliminary environmental impact evaluation: Where it is determined that the activities in Antarctica, for which an application for permission is filed, are likely to have less than a minor or transitory impact on the Antarctic environment;
2. Intial environmental evaluation: Where it is determined that the activities in Antarctica, for which an application for permission is filed, are likely to have a minor or transitory impact on the Antarctic environment;
3. Comprehensive environmental evaluation: Where it is determined that the activities in Antarctica, for which an application for permission is filed, are likely to have a serious, more than a minor or transitory, impact on the Antarctic environment.
(2) The Minister of Foreign Affairs may hear opinions from experts specializing in Antarctica when he/she examines an environmental impact assessment submitted in accordance with paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Foreign Affairs shall, upon receiving a comprehensive environmental evaluation under paragraph (1) 3, disclose it to the public for inspection for at least 90 days and shall forward each copy to the Antarctic Treaty Consultative Parties and the Committee for Environmental Protection at least 120 days before the opening of a session of the Antarctic Treaty Consultative Meetings. <Amended by Act No. 11690, Mar. 23, 2013>
(4) In cases where any comment has been presented with regard to a comprehensive environmental evaluation disclosed or forwarded pursuant to paragraph (3), the Minister of Foreign Affairs may, if deemed necessary, require the relevant applicant for permission to reflect such a comment in the comprehensive environmental evaluation. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Necessary matters concerning matters that are included in environmental impact assessment, the method of preparation of such assessment, the method of disclosure of comprehensive environmental evaluation and other relevant matters shall be prescribed by Presidential Decree.
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 Article 8 (Consultation, etc. about Permission)   print
(1) The Minister of Foreign Affairs shall, whenever he/she intends to grant permission on activities in Antarctica pursuant to Article 4, consult with the Minister of Environment and the Minister of Oceans and Fisheries: Provided, That the foregoing shall not apply to any minor case specified by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) If the Minister of Environment or the Minister of Oceans and Fisheries, who receives a request for consultation pursuant to paragraph (1), finds that an application for permission falls under any of the following, he/she shall accordingly notify the Minister of Foreign Affairs thereof: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. It is impracticable for him/her to evaluate the impact that the activities in Antarctica have on the Antarctic environment, because, the documents submitted along with the relevant application for permission are not sufficient for evaluation;
2. The environmental impact assessment submitted has not been prepared or submitted in a manner consistent with Article 7.
(3) The Minister of Foreign Affairs shall, upon receiving a notice from the Minister of Environment or the Minister of Oceans and Fisheries pursuant to paragraph (2), request the relevant permission applicant to make a correction or supplementation as necessary, unless there is any special reason. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The Minister of Foreign Affairs shall, if he/she discovers as a result of his/her review that the contents corrected or supplemented by an applicant for permission in accordance with paragraph (3) include any important matter prescribed by Presidential Decree, consult with the Minister of Environment or the Minister of Oceans and Fisheries about the matter. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) The Minister of Foreign Affairs shall, whenever he/she grants permission on activities in Antarctica pursuant to Article 4, notify the Minister of Environment and the Minister of Oceans and Fisheries of the fact without delay. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 9 (Conditional Permission)   print
The Minister of Foreign Affairs may, when he/she grants permission for activities in Antarctica pursuant to Article 4, prescribe a valid period of the permission or attach any other conditions as necessary. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 10 (Limitations on Permission)   print
The Minister of Foreign Affairs shall not grant permission on an application for permission filed in accordance with Article 5, if any of the following events occurs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Where the Minister of Environment or the Minister of Oceans and Fisheries evaluates that the activities in Antarctica, for which an application for permission was filed, are likely to have an adverse impact on the Antarctic environment in the light of the standards prescribed by Presidential Decree;
2. Where the relevant applicant for permission has not complied with a request for correction or supplementation under Article 8 (3).
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 Article 11 (Activities, etc. in Antarctica for which Permission Not Required)   print
(1) Any person who desires to undertake any of the following activities in Antarctica but has insufficient time to obtain permission under Article 4 may undertake such activity without the need to obtain permission:
1. Rescue of lives or ships;
2. Safe protection of expensive equipment or facilities specified by Presidential Decree;
3. Other cases where an emergency measure is required in connection with the protection of the Antarctic environment.
(2) Any person who undertakes activities in Antarctica without obtaining permission pursuant to paragraph (1) shall endeavor to minimize the impact of his/her activities in Antarctica on the Antarctic environment.
(3) Any person who undertakes activities in Antarctica without obtaining permission pursuant to paragraph (1) shall give notice of his/her activities, without delay, to the Minister of Foreign Affairs and the observers of activities in Antarctica under Article 18 (1) respectively, as prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Upon receipt of a notice under paragraph (3), the Minister of Foreign Affairs shall notify such fact to the Minister of Environment and the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 12 (Cancellation, Suspension, etc. of Permission)   print
(1) If any person who undertakes activities in Antarctica falls under any of the following, the Minister of Foreign Affairs may cancel permission for activities in Antarctica under Article 4 or order the person to suspend his/her activities in Antarctica for two designated years, subject to prior consultation with the Minister of Environment and the Minister of Oceans and Fisheries: Provided, That the permission must be cancelled without exception if the person falls under subparagraph 1 or 2: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. If a person has obtained permission for activities in Antarctica by fraud or other wrongful means;
2. If a person who has obtained permission for activities in Antarctica falls under any subparagraph of Article 6;
3. If a person has violated any provision of permission under Article 4 or breached a condition attached to the permission under Article 9;
4. If any activity in Antarctica has caused, or is likely to cause, an unexpected and serious injury to the Antarctic environment.
(2) When the Minister of Foreign Affairs cancels permission for activities in Antarctica or orders a person to suspend his/her activities in Antarctica pursuant to paragraph (1), the Minister shall notify such fact to the Minister of Environment and the Minister of Oceans and Fisheries, without delay. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Any person who whose permission for his/her activities in Antarctica is cancelled or who is ordered to suspend his/her activities in Antarctica pursuant to paragraph (1) shall withdraw from the Antarctic area by the deadline prescribed at the time of cancellation or orders for suspension.
(4) Further guidelines for the cancellation of permission for activities in Antarctica or orders for suspension of activities in Antarctica under paragraph (1), including the grounds for such cancellation or order and the extent of violation, shall be prescribed by Presidential Decree.
(5) The Minister of Foreign Affairs shall hold a hearing, whenever he/she intends to cancel permission for activities in Antarctica. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER III PROTECTION OF ANTARCTIC ENVIRONMENT
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 Article 13 (Approval for Capturing Native Fauna or Flora in Antarctica)   print
(1) Any person who has obtained permission for activities in Antarctica under Article 4 shall, whenever he/she intends to conduct any of the following acts, obtain approval from the Minister of Foreign Affairs, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013>
1. Capturing or picking native fauna or flora in Antarctica or taking such fauna or flora out of the Antarctic area;
2. Bringing any fauna or flora, other than native fauna or flora in Antarctica, into the Antarctic area;
3. Any of the following acts that are likely to seriously deteriorate the habitable environment for native fauna or flora in Antarctica:
(a) Landing and taking off of helicopters or any other aircraft;
(b) Operation of a vehicle or ship;
(c) Use of gunpower or explosives.
(2) The Minister of Foreign Affairs shall, whenever he/she intends to grant approval under paragraph (1), consult with the Minister of Environment and the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Foreign Affairs shall, when intends to grant approval under paragraph (1), shall issue a letter of approval, clearly describing the activities, period, and place approved and other relevant matters therein, as prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 14 (Protection of Special Conservation Area in Antarctica, etc.)   print
(1) The Minister of Foreign Affairs shall publicly notify the following matters designated at the Antarctic Treaty Consultative Meetings, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013>
1. The Antarctic Specially Protected Area and the Antarctic Specially Managed Area;
2. Historic sites and monuments in Antarctica.
(2) Any person who desires to have access to the Antarctic Specially Protected Area or the Antarctic Specially Managed Area under paragraph (1) 1 or who desires to undertake activities within such an area shall obtain approval from the Minister of Foreign Affairs, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Foreign Affairs shall, when he/she intends to grant approval under paragraph (2), shall issue a letter of approval, clearly describing the activities, period , and place approved and other relevant matters therein, as prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Any person who has obtained the approval under paragraph (2) shall carry the letter of approval under paragraph (3) or a copy thereof when he/she enters the Antarctic Specially Protected Area or the Antarctic Specially Managed Area or while he/she undertakes activities within such an area.
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 Article 15 (Disposal and Management of Wastes)   print
(1) Any person who holds a permission for activities in Antarctica under Article 4 shall endeavor to minimize wastes produced by his/her activities in Antarctica.
(2) Any person who undertakes activities in Antarctica shall dispose of wastes produced by his/her activities in Antarctica, as prescribed by Presidential Decree.
(3) Any person who has submitted a waste management plan under subparagraph 3 of Article 5 to obtain permission for activities in Antarctica under Article 4 shall appoint one waste manager to ensure that the waste management plan shall be implemented in good faith.
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 Article 16 (Prevention of Marine Pollution)   print
(1) Any person who undertakes activities in Antarctica shall exercise due care to keep ships used for his/her activities in Antarctica from polluting the sea in the Antarctic area.
(2) The Minister of Oceans and Fisheries shall inspect ships (excluding warships) used for activities in Antarctica to ensure whether such ships are equipped with equipment and facilities necessary for the prevention of marine pollution. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries shall, when he/she completes an inspection under paragraph (2), notify the Minister of Foreign Affairs of the results thereof without delay. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 17 (Monitoring of Antarctic Environment)   print
Any person who has submitted a comprehensive environmental evaluation to obtain permission for activities in Antarctica under Article 4 shall conduct periodic monitoring of the Antarctic environment, as prescribed by Presidential Decree, and take measures as necessary to minimize the impact of his/her activities in Antarctica on the Antarctic environment.
CHAPTER IV GUIDANCE AND OVERSIGHT
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 Article 18 (Designation, and Activities, etc. of Observers of Activities in Antarctica)   print
(1) The Minister of Foreign Affairs may designate observers of activities in Antarctica, subject to prior consultation with the Minister of Environment and the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Foreign Affairs may order observers of activities in Antarctica under paragraph (1) to investigate into matters necessary for protection of the Antarctic area, while the Minister of Environment and the Minister of Oceans and Fisheries may request the Minister of Foreign Affairs to order observers of activities in Antarctica under paragraph (1) to conduct investigation as necessary, and the Minister of Foreign Affairs shall respect such request. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Observers of activities in Antarctica may inspect facilities, equipment, ships, aircraft installed by any person who undertakes activities in Antarctica, as well as records preserved, as necessary. In such cases, any person who undertakes activities in Antarctica shall receive the inspection, unless he/she has good reason otherwise.
(4) Observers of activities in Antarctica under paragraph (1) shall, upon completion of an inspection pursuant to paragraph (3), prepare an inspection report and submit it to the Minister of Foreign Affairs, who shall, in turn, forward one of each copy thereof to the Minister Environment and the Minister of Oceans and Fisheries respectively. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Necessary matters concerning qualification, designation, and scope of duties of observers of activities in Antarctica under paragraph (1) and other relevant matters shall be prescribed by Presidential Decree.
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 Article 19 (Reporting on Results of Activities in Antarctica)   print
(1) Any person who undertakes activities in Antarctica shall report the results of his/her activities in Antarctica to the Minister of Foreign Affairs in accordance with the following classification: <Amended by Act No. 11690, Mar. 23, 2013>
1. If he/she has completed activities in Antarctica: Within two months from the date of completion;
2. If the duration of his/her activities in Antarctica is one year or more: On or before April 30 of each year (or on or before April 30 next year, if he/she began activities in Antarctica on or before April 30).
(2) Any person who has submitted a waste management plan under subparagraph 3 of Article 5 to obtain permission for activities in Antarctica under Article 4 shall, whenever he/she reports the results of his/her activities in Antarctica in accordance with paragraph (1), report the results of performance of the waste management plan, also.
(3) Any person who has become aware of any violation of this Act in the Antarctic area shall either report his/her discovery to the Minister of Foreign Affairs or notify observers of activities in Antarctica of his/her discovery without delay. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The Minister of Foreign Affairs may, if deemed necessary for the environmental protection of the Antarctic area or the international cooperation in activities in Antarctica, require any person who undertakes activities in Antarctica to report such activities, while the Minister of Environment or the Minister of Oceans and Fisheries may request the Minister of Foreign Affairs to order any person who undertakes activities in Antarctica to report such activities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) The Minister of Foreign Affairs shall, upon receiving a report pursuant to paragraphs (1) through (4), notify the Minister of Environment and the Minister of Oceans and Fisheries thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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 Article 20 (Order for Correction)   print
(1) The Minister of Foreign Affairs may, whenever necessary, order any person who has violated this Act to make a correction, while the Minister of Environment and the Minister of Oceans and Fisheries may request the Minister of Foreign Affairs to order such person to rectify such violation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Any person who has been ordered to rectify violation pursuant to paragraph (1) shall take measures in compliance with the order within 60 days from the date on which he/she received the order of correction and shall report the details of measures that he/she has taken to the Minister of Foreign Affairs within ten days from the date of completion of such measures. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER V PROMOTION OF RESEARCH ACTIVITIES IN ANTARCTICA
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 Article 21 (Establishment and Implementation of Basic Plans for Promotion of Research Activities in Antarctica)   print
(1) The Government shall establish a basic plan for promotion of research activities in Antarctica (hereinafter referred to as "basic plan") every five years, including the following matters in order to promote research activities in Antarctica:
1. Objectives of promotion of research activities in Antarctica;
2. Financial resources for research for research activities in Antarctica;
3. Programs for development of national scientific and technical areas relating to Antarctica;
4. Research on environmental protection of Antarctica;
5. Fostering of, and support to, research institutes and researchers in Antarctica;
6. Support for establishment and operation of scientific stations and facilities in Antarctica, as well as for human resources therefor;
7. Development of high-tech research equipment for research on Antarctica;
8. Other matters necessary for implementation of basic plans.
(2) The Government shall finalize basic plans through deliberation by the National Science and Technology Council under Article 9 of the Framework Act on Science and Technology and shall publish them through the Official Gazette. <Amended by Act No. 11713, Mar. 23, 2013>
(3) The Government shall establish and implement an annual implementation plan, consistent with basic plans, for promotion of research activities in Antarctica, as prescribed by Presidential Decree.
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 Article 22 (Public Relations and Education)   print
The Government shall establish a policy for public relations and educational programs to make citizens well aware of the value of Antarctica and the importance of the environmental conservation of Antarctica.
CHAPTER VI PENALTY PROVISIONS
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 Article 23 (Penalty Provisions)   print
Any person who commits an act referred to in any subparagraph of Article 3 in violation of the said Article shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
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 Article 24 (Penalty Provisions)   print
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who undertakes activities in Antarctica without permission or permission for modification under Article 4;
2. A person who obtains permission or permission for modification under Article 4 by fraud or other wrongful means.
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 Article 25 (Penalty Provisions)   print
Any of the following persons shall be punished by a fine not exceeding ten million won: <Amended by Act No. 11690, Mar. 23, 2013>
1. A person who fails to report his/her emergency activities in Antarctica to the Minister of Foreign Affairs and observers of activities in Antarctica in violation of Article 11 (3);
2. A person who conducts an act falling under any subparagraph of Article 13 (1) without approval, in violation of the aforesaid paragraph;
3. A person who enters the Antarctic Specially Protected Area or the Antarctic Specially Managed Area under Article 14 (1) 1, or undertakes activities within such area, without approval, in violation of Article 14 (2);
4. A person who fails to take measures, in compliance with an order for correction in violation of Article 20 (2) within 60 days from the date on which he/she has received the order.
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 Article 26 (Joint Penalty Provisions)   print
If the representative of a legal entity or an agent or employee of, or any other person employed by, a legal entity or a private individual commits an offense under Articles 23 through 25 in connection with the business affairs of the legal entity or the private individual, not only shall such offender be punished accordingly, but the legal entity or the private individual shall also be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where such legal entity or private individual has not been negligent in giving due attention and supervision concerning the relevant business affairs in order to prevent such offense.
[This Article Wholly Amended by Act No. 9256, Dec. 26, 2008]
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 Article 27 (Administrative Fines)   print
(1) Any of the following persons shall be subject to an administrative fine not exceeding ten million won:
1. A person who violates any provision of permission under Article 4 or breaches any condition attached to permission under Article 9;
2. A person who fails to report a change in his/her activities in Antarctica in accordance with the main sentence of Article 4 (2);
3. A person who enters the Antarctic Specially Protected Area or the Antarctic Specially Managed Area, or undertakes activities within such area, without carrying a letter of approval or a copy thereof, in violation of Article 14 (4);
4. A person who fails to appoint a waste manager in violation of Article 15 (3);
5. A person who fails to respond to an inspection by an observer of activities in Antarctica in violation of Article 18 (3);
6. A person who fails to report the results of his/her activities in Antarctica on time without good reason, in violation of Article 19 (1);
7. A person who fails to report the results of performance of a waste management plan on time without good reason, in violation of Article 19 (2);
8. A person who fails to make a report under Article 19 (4) without good reason;
9. A person who fails to report details of measures taken by him/her, in compliance with an order for correction without good reason in violation of Article 20 (2).
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Foreign Affairs, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) through (5) Deleted. <by Act No. 11690, Mar. 23, 2013>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Permission for Activities in Antarctica) Any person who has been undertaking activities in the Antarctic area as at the time this Act enters into force shall be deemed to have obtained permission under Article 4 for activities in Antarctica: Provided, That such person shall obtain permission for activities in Antarctica again within one year after this Act enters into force.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9256, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12768, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
Notwithstanding the amended provisions under Article 6 (1), the previous provisions shall apply to persons for whom the declaration of incompetence or quasi-incompetence remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).