CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to provide for matters concerning the development and use of marinas and facilities related thereto and fosterage of marina-related industries in order to facilitate proliferation and promotion of marine sports and contribute to improvement of the quality of life of the people.
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows: <Amended by Act No. 12998, Jan. 6, 2015>
| 1. |
The term "marina" means any place determined and published as a marina zone pursuant to Article 10, in which facilities for the entry/departure and berthing of marina ships, embarkation and disembarkation of passengers, etc. and service facilities for the convenience of the users of such facilities, are provided; |
| 2. |
The term "marina facility" means infrastructure for the entry/departure and berthing of marina ships, embarkation and disembarkation of passengers, etc., such as anchoring facilities or moorings for marina ships, and service facilities for the convenience of the users of such infrastructure, which are prescribed by Presidential Decree; |
| 3. |
The term "marina ship" means ships (including boats and yachts) supplied and used for cruising, sports or recreation, which are prescribed by Presidential Decree; |
| 4. |
The term "marina industry complex" means national industrial complexes, general industrial complexes, urban high-tech industrial complexes, and agro-industrial complexes under the Industrial Sites and Development Act, which are developed to efficiently promote relevant industries by developing and manufacturing marina-related products, fostering professional human resources, etc., including research and development of industries and technologies related to marina facilities, marina ships, etc.; |
| 5. |
The term "marina business" means a business renting marina ships, providing facilities necessary for berthing and mooring marina ships, or providing users of marina ships, etc. with goods or services. |
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| Article 3 (Relations with other Acts) |
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Special cases of regulations applicable to the development and use of marinas and facilities related thereto, fostering of relevant industries, etc. in this Act shall prevail over other Acts: Provided, That in cases where other Acts have provisions more lenient than the special cases of the regulations in this Act, they shall prevail.
CHAPTER II MASTER PLAN FOR MARINAS
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| Article 4 (Establishment, etc. of Master Plan) |
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| (1) |
The Minister of Oceans and Fisheries shall establish a master plan for marinas (hereinafter referred to as "master plan") every 10 years through deliberation by the Central Harbor Policy Council (hereinafter referred to as the "Council") under Article 4 of the Harbor Act for the rational development and use of marinas. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Oceans and Fisheries shall, when he/she intends to establish a master plan, consult with the heads of relevant administrative agencies of the central government, Special Metropolitan City Mayors, Metropolitan City Mayors, Do Governors or Governors of Special Self-Governing Provinces concerned (hereinafter referred to as "City Mayors/Do Governors"): Provided, That opinions submitted by the City Mayors/Do Governors in the course of consulting shall be accompanied by the opinions of the heads of relevant Sis, Guns or Gus (referring to the heads of autonomous Gu offices; hereinafter the same shall apply). <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The matters in each of the following subparagraphs shall be included in master plans: |
| 1. |
Matters concerning the long-to-mid-term policy directions for marinas; |
| 2. |
Matters concerning the criteria for selecting marina zones, such as measures for siting marinas, development demand, etc.; |
| 3. |
Matters concerning the designation, alteration and cancellation of marinas; |
| 4. |
Matters concerning the fosterage of marina-related industries; |
| 5. |
Other matters prescribed by Presidential Decree. |
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| Article 5 (Alteration, etc. of Master Plan) |
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| (1) |
The Minister of Oceans and Fisheries shall examine the feasibility of master plans every five years and reflect the results thereof to the master plans. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Notwithstanding paragraph (1), the Minister of Oceans and Fisheries may, when he/she deems that the alteration of master plans is required or when he/she is requested by the heads of relevant administrative agencies of the central government and relevant Metropolitan City Mayors/Do Governors for the alteration of master plans, consider and alter the master plans. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The provisions of Article 4 shall apply mutatis mutandis to alterations of master plans under paragraphs (1) and (2): Provided, That the same shall not apply to cases of changing minor matters prescribed by Presidential Decree. |
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| Article 6 (Publication, etc. of Master Plans) |
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The Minister of Oceans and Fisheries shall, when he/she formulates or alters a master plan pursuant to Articles 4 and 5, publish such fact as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
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| Article 7 (Basic Survey) |
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| (1) |
The Minister of Oceans and Fisheries shall, when he/she intends to formulate or alter a master plan pursuant to Article 4 and 5, conduct a basic survey of natural and social settings necessary for the formation, development, etc. of marinas in advance. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Oceans and Fisheries may, if necessary to conduct a basic survey under paragraph (1), have public officials under his/her control enter and investigate other persons' land, fisheries, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
Any public official that enters other persons' land, fisheries, etc. pursuant to paragraph (2) shall carry along a certificate indicating his/her authority and produce it to relevant persons. |
| (4) |
Matters necessary for the details, methods, etc. of the basic survey under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER III DEVELOPMENT OF MARINAS
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| Article 8 (Formulation, etc. of Business Plans) |
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| (1) |
The Minister of Oceans and Fisheries may, when he/she intends to implement a marina development project (hereinafter referred to as "development project"), formulate a business plan for the formation, development, etc. of the marina (hereinafter referred to as "business plan") directly or by inviting applications within the scope conforming to the master plan. In such cases, he/she shall undergo consultations with the heads of relevant administrative agencies of the central government and Metropolitan City Mayors/Do Governors, and when he/she consults with the heads of relevant administrative agencies of the central government, he/she shall prepare an assessment report and undergo consultation pursuant to Article 16 of the Environmental Impact Assessment Act. <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013> |
| (2) |
The following matters shall be included in business plans: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Name of development project; |
| 2. |
Development project area and the size thereof; |
| 3. |
Plan for landscaping, environment preservation and disaster prevention; |
| 4. |
Land use planning, transportation plan and green space planning; |
| 5. |
A term of development project; |
| 7. |
Plan for the management and operation of marinas; |
| 8. |
Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) |
A local government or a person that falls under any of subparagraphs 2 through 7 of Article 9 (1) may propose a business plan to the Minister of Oceans and Fisheries, which is prepared including the matters in each subparagraph of paragraph (2) within the scope conforming to the master plan. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
When the Minister of Oceans and Fisheries receives a business plan proposal pursuant to paragraph (3), he/she may, if the business plan proposal satisfies conditions prescribed by Presidential Decree, such as conformity with a master plan and feasibility of financing plan, approve the business plan proposal pursuant to paragraph (5). In such cases, he/she shall undergo the consultation procedure under the latter part of paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
Necessary matters for the preparation of, invitation of public participation, proposal of and approval procedure of business plans, etc. under paragraphs (1), (3) and (4) shall be prescribed by Presidential Decree. |
| (6) |
The Minister of Oceans and Fisheries shall, when he/she formulates or approves a business plan, publish such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall apply to any amendments to business plans formulated or approved. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 9 (Designation, etc. of Project Concessionaires) |
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| (1) |
The Minister of Oceans and Fisheries shall designate development project concessionaires (hereinafter referred to as "project concessionaire") from among any of the following persons: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
The State or local governments; |
| 3. |
Deleted; <by Act No. 10628, May 18, 2011> |
| 6. |
Private investors meeting the qualifications prescribed by Presidential Decree, such as capital; |
| 7. |
Corporations or public corporations established and invested by not less than two persons falling under subparagraphs 1 through 6 for the purpose of implementing development projects. |
| (2) |
Any person who have obtained approval pursuant to Article 8 (4) shall be deemed to have been designated as a project concessionaire. |
| (3) |
The Minister of Oceans and Fisheries may, when a project concessionaire falls under any of the following subparagraphs, replace the project concessionaire or cancel the designation thereof: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Where the project concessionaire fails to apply for approval for an implementation plan under paragraph (1) of Article 13 during the period starting from the date on which he/she is designated as a project concessionaire pursuant to paragraph (1) through the deadline for application for approval under paragraph (5) of the same Article; |
| 2. |
Where the project concessionaire fails to commence the relevant development project within one year after obtaining approval for an implementation plan under Article 13 (1); |
| 3. |
Where approval for an implementation plan under Article 13 (1) is cancelled; |
| 4. |
Where achieving the objectives of a development project is deemed difficult by reasons of any natural disaster, project concessionaire's bankruptcy or other causes prescribed by Presidential Decree (limited to cases where the continuation of projects is recognized to be impossible through deliberation by the Council). |
| (4) |
The Minister of Oceans and Fisheries shall, when he/she designates, replaces or cancels project concessionaires pursuant to paragraphs (1) and (2) or paragraph (3), publish such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 10 (Designation, etc. of Marina Zones) |
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| (1) |
The Minister of Oceans and Fisheries shall designate and announce marina zones in accordance with business plans that he/she formulated or approved pursuant to Article 8. In such cases, the provisions of Article 8 of the Framework Act on the Regulation of Land Use shall apply mutatis mutandis to announcement. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Oceans and Fisheries shall, when he/she intends to designate a marina zone pursuant to paragraph (1), undergo deliberation by the Council after consulting with the heads of relevant administrative agencies of the central government and Metropolitan City Mayors/Do Governors. The same shall apply to the cases of changing designated marina zones: Provided, That the same shall not apply to cases of changing minor matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 11 (Cancellation of Designation of Marina Zones) |
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| (1) |
The Minister of Oceans and Fisheries may, in cases falling under any of the following subparagraphs, cancel the designation of marina zones designated and announced pursuant to Article 10 (1) in whole or in part: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Where a project concessionaire fails to apply for approval for an implementation plan during the period from the date on which the relevant marina zone is designated until the deadline of application for approval under Article 13 (5); |
| 2. |
Where a project concessionaire fails to commence a development project within one year after obtaining approval for an implementation plan under Article 13 (1). |
| (2) |
The Minister of Oceans and Fisheries shall, when he/she has cancelled the designation of marina zones pursuant to paragraph (1), notify the relevant project concessionaires and the heads of relevant administrative agencies of such fact and publish such fact as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 12 (Restrictions on Acts, etc.) |
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| (1) |
Any person that intends to conduct an act prescribed by Presidential Decree within an area designated and announced as a marina zone pursuant to Article 10, such as construction of buildings, installation of structures, change of form and quality of land, extraction of earth and rock, division of land, the act of heaping things, and capture and farming of aquatic animals and plans, etc. shall obtain the permission from the Minister of Oceans and Fisheries (limited to acts conducted in public waters managed by the Minister of Oceans and Fisheries under the Public Waters Management and Reclamation Act; hereafter the same shall apply in this Article), the Governor of the competent Special Self-Governing Province or the head of the competent Si/Gun/Gu. The same shall apply to cases of changing permitted matters. <Amended by Act No. 10272, Apr. 15, 2010; Act No. 11690, Mar. 23, 2013> |
| (2) |
Notwithstanding paragraph (1), an act may be conducted without permission to take emergency measures as necessary to restore or control disaster. |
| (3) |
With respect to any act subject to permission pursuant to paragraph (1) and has been permitted, authorized or approved under relevant Acts and subordinate statutes at the time the relevant marina zone is designated and announced pursuant to Article 10 or any act that requires no permission, authorization, approval, etc. any person that has commenced such work or project may continue to perform such work or project after reporting such fact to the Minister of Oceans and Fisheries, the Governor of the competent Special Self-Governing Province or the head of the competent Si/Gun/Gu as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The Minister of Oceans and Fisheries, the Governor of the competent Special Self-Governing Province or the head of the competent Si/Gun/Gu may issue an order for reinstatement to any person that violates the provisions of paragraph (1). In such cases, when the person who receives such order fails to carry out the duty, the Minister of Oceans and Fisheries, the Governor of the competent Special Self-Governing Province or the head of the competent Si/Gun/Gu may execute the duty vicariously under the Administrative Vicarious Execution Act. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 13 (Formulation of, Approval for, etc. Implementation Plans) |
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| (1) |
In cases where a project concessionaire intends to perform a development project, he/she shall prepare an implementation plan for the development plan (hereinafter referred to as "implementation plan") as prescribed by Presidential Decree and obtain the approval of the Minister of Oceans and Fisheries therefor. The same shall apply to cases of changing approved matters: Provided, That the same shall not apply to changes of minor matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
An implementation plan shall reflect the contents of the relevant business plan and the matters in each of the following subparagraphs shall be included therein: |
| 1. |
The area covered by the implementation plan and the size thereof; |
| 2. |
Plan of securing and using land and public waters for performing projects; |
| 3. |
Financing plan and annual investment plan; |
| 4. |
Plan for environment preservation and disaster prevention; |
| 5. |
Other matters prescribed by Presidential Decree. |
| (3) |
The Minister of Oceans and Fisheries shall, when he/she intends to approve an implementation plan, listen to the opinions of competent Metropolitan City Mayors/Do Governors and the heads of competent Sis/Guns/Gus under the conditions prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The Minister of Oceans and Fisheries shall, when he/she approves an implementation plan, publish it in an official gazette under as prescribed by Presidential Decree and serve the copies of relevant documents on competent Metropolitan City Mayors/Do Governors and the heads of competent Sis/Guns/Gus. In such cases, the Metropolitan City Mayors/Do Governors and the heads of any Sis/Guns/Gus that the copies of relevant documents are served shall allow public inspections of the copies of relevant documents to the general public for not less than 14 days. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
The application for approval under paragraph (1) shall be made within two years from the date on which a project concessionaire is designated pursuant to Article 9: Provided, That such term may be extended only once within the scope of one year if any cause prescribed by Presidential Decree exists. |
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| Article 14 (Access, etc. to other Person's Land.) |
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| (1) |
Any project concessionaire may, when necessary to carry out examinations and land surveying for the preparation of implementation plans, etc. or for the performance of development projects, enter land owned or occupied by other person, or temporarily use land owned or occupied by other persons as a material storage or a temporary passage or temporary road, and may, when particularly necessary, change or remove trees, earth, rocks or other obstacles in such land. In such cases, no land owner or occupier shall interfere with or refuse it without any justifiable reason. |
| (2) |
Any person that intends to enter other persons' land and any person that intends to temporarily use other persons' land or change or remove obstacles pursuant to paragraph (1) shall notify the relevant land owner or occupier concerned of the personal information of persons to enter and temporarily use the land, time of entrance, purpose of entrance, etc. in writing prior to seven days and obtain the consent of the relevant land owner or occupier thereto: Provided, That in cases where obtaining such consent is impossible by reason of the absence, unknown address, etc. of the relevant land owner or occupier, he/she shall enter the land concerned, obtaining the permission of the Governor of the competent Special Self-Governing Province or the head of the competent Si/Gun/Gu. |
| (3) |
No person shall enter any housing site or other persons’ enclosed land without the permission of the relevant land owner or occupier before sunrise or after sunset. |
| (4) |
Any person that intends to enter other person’s land pursuant to paragraph (1) shall carry along a certificate indicating his/her authority and produce it to relevant persons. |
| (5) |
Any project concessionaire may enter or temporarily use public waters in marina zones. In such cases, no person that holds a right to public waters under other Acts, such as the Fisheries Act shall obstruct or interfere with entrance to or temporary use of the relevant public waters by project concessionaires without any justifiable reason. |
| (6) |
Matters necessary for certificates under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 15 (Compensation for Losses Caused by Access to Land, etc.) |
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| (1) |
In cases where any person sustains a loss due to the act, etc. of entering land under Article 14, the project concessionaire concerned shall compensate for such loss. |
| (2) |
Project concessionaires and persons who sustain any loss shall consult on the compensation for losses under paragraph (1). |
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| Article 16 (Authorization, Permission, etc. Deemed Granted) |
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| (1) |
Where the Minister of Oceans and Fisheries has consulted the heads of relevant administrative agencies on the following permission, authorization, determination, license, consent, approval, reporting, revocation, etc. (hereinafter referred to as "authorization, permission, etc.") regarding an implementation plan pursuant to paragraph (3) to grant approval of such implementation plan or approval of amendment thereto, relevant authorization, permission, etc. shall be deemed granted; where the implementation plan is published pursuant to Article 13 (4), authorization, permission, etc. under the following Acts shall be deemed published or announced: <Amended by Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun. 3, 2014> |
| 5. |
Deleted; <by Act No. 10272, Apr. 15, 2010> |
| (2) |
When a project concessionaire who intends to obtain authorization, permission, etc. deemed granted under paragraph (1) files an application for approval of an implementation plan or of an amendment thereto, he/she shall also submit relevant documents prescribed by relevant Acts. |
| (3) |
When the Minister of Oceans and Fisheries grants approval of an implementation plan or approval of an amendment thereto pursuant to Article 13 (1), he/she shall consult the heads of relevant administrative agencies in advance if a matter referred to in any of the subparagraphs of paragraph (1) is involved therein. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The head of any relevant administrative agency in receipt a request for consultation from the Minister of Oceans and Fisheries pursuant to paragraph (3) shall submit his/her opinion within 20 days of receipt of such request for consultation. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 17 (Expropriation and Use of Land, etc.) |
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| Article 18 (Confirmation of Completion of Works) |
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| (1) |
Any project concessionaire shall, when he/she completes development works, submit a written report on the completion of works to the Minister of Oceans and Fisheries without delay to obtain the confirmation of completion of works. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Oceans and Fisheries shall, when he/she recognizes that works have been completed in conformity with designated matters after inspecting the completion of works as prescribed by Presidential Decree, deliver a certificate of confirmation of completion of works prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
In cases where the Minister of Oceans and Fisheries delivers a certificate of confirmation of completion of works under paragraph (2), inspection of completion of works or authorization on completion of works, such as the authorization, permission, etc. in each subparagraph of Article 16 (1) shall be deemed to have been conducted or obtained. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
No land and facilities formed or installed by development works shall be used until a certificate of confirmation of completion of works under paragraph (2) is obtained: Provided, That the same shall not apply to cases where a report on use before completion of work is filed with the Minister of Oceans and Fisheries as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 19 (Publication, etc. of Completion of Works) |
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The Minister of Oceans and Fisheries shall, when he/she deems that a development project is completed as intended by the relevant implementation plan as a result of conducting an inspection of completion of works under Article 18 (2), publish the completed work, and when it is not completed as intended by the implementation plan, order to take necessary measures, such as supplementary works without delay. <Amended by Act No. 11690, Mar. 23, 2013>
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| Article 20 (Attribution of Marina Facilities) |
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| (1) |
In cases where a project concessionaire is the State or a local government, any land and facilities formed or installed by development projects shall be attributed to the State or the local government upon the completion of works. |
| (2) |
In cases where a project concessionaire is not the State or a local government, the project concessionaire thereof shall acquire the ownership of any land and facilities formed or installed by the development project upon the completion of works within the scope of total project cost invested: Provided, That public land and facilities prescribed by Presidential Decree shall be attributed to the State or local governments upon the completion of works. |
| (3) |
The method of calculating the total project cost and the value of land acquired by project concessionaires under paragraph (2) shall be prescribed by Presidential Decree. |
| (4) |
Any land and facilities to be attributed to the State or local governments pursuant to the proviso to paragraph (2) may be used or used for profit-making by the relevant project concessionaire within the scope of the amount of investment without compensation under the conditions prescribed by Presidential Decree. In such cases, any person who uses such land and facilities or makes profits using such land and facilities without compensation may have other person use part of such land and facility or make profits using a part of such land and facility. |
| (5) |
In cases of having other persons use and make profits pursuant to the latter part of paragraph (4), the term of such use or profit-making shall not exceed the term of using relevant land and facilities or making profits using relevant land and facilities without compensation. |
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| Article 21 (Establishment, Nature, etc. of Facility Management Right) |
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| (1) |
The Minister of Oceans and Fisheries or the head of each local government may establish a right (hereinafter referred to as "facility management right") to maintain and manage marina facilities and receive use fees from the users of marina facilities during the term of using or making profits from the marina facilities without compensation pursuant to Article 20 (4) on relevant project concessionaires. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The facility management right shall be considered as a real right and unless otherwise provided for in this Act, the provisions of the Civil Act shall apply mutatis mutandis thereto. |
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| Article 22 (Registration, etc. of Facilities Management Right) |
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| (1) |
Matters concerning the establishment, change, extinction and restriction on the disposition of the facility management right or mortgage on the facility management right shall take effect by being registered in the facility management right registration book kept by the Minister of Oceans and Fisheries and the heads of local governments. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Matters necessary for the registration of the facility management right under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) |
Except as otherwise provided for in this Act, the provisions of the Registration of Real Estate Act shall apply mutatis mutandis to the registration of the facility management right. |
| (4) |
The provisions of the Civil Procedure Act shall apply mutatis mutandis to delivery related to the registration of the facility management right, and the provisions of the Non-Contentious Case Procedure Act shall apply mutatis mutandis to expenses for raising objections. |
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| Article 23 (Special Cases of Disposition of Facility Management Right) |
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No mortgaged facility management right shall be disposed of without the consent of the mortgagee.
CHAPTER IV MANAGEMENT AND OPERATION OF MARINAS
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| Article 24 (Management Regulations) |
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| (1) |
Any person that maintains, manages and operates marina facilities and any person that is delegated or entrusted the management of marina facilities by the State or by a local government (hereinafter referred to as "management and operation right holder") shall set marina management regulations (hereinafter referred to as "management regulations") under the conditions prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
When a management and operation right holder sets or changes management regulations, he/she shall notify the Minister of Oceans and Fisheries of the details thereof without delay. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Oceans and Fisheries may, when the details of management regulations considerably goes against public interests or contravenes Acts and subordinate statutes, request for the change thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 25 (Cost-Sharing for Impairment, etc of Marina Facilities) |
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Any management and operation right holder may have repair and reinforcement works of marina facilities, which are caused by any works other than development projects or any act to impair or deform marina facilities done by the person who performed such works or the person who committed such act. In such cases, the expenses to be incurred therefrom shall be borne by the person who performed such works or the person who committed such act.
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| Article 26 (Use, Use Fees, etc. of Marina Facilities) |
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| (1) |
Any person that intends to use marina facilities shall obtain the permission from the management and operation right holder under the conditions prescribed by Presidential Decree: Provided, That in cases where the management and operation right holder is not the State or a local government, he/she may use the marina facility by making a lease contract with the management and operation right holder or obtaining approval from the management and operation right holder for use. |
| (2) |
Any management and operation right holder may, when he/she receives an application for the use of marina facilities, such as license or lease contracts under paragraph (1), grant permission for the use of the marina facilities, etc. within the scope that the development plans, management and operation of the marina facilities are not obstructed by use of such marina facilities. |
| (3) |
Any management and operation right holder may collect use fees from the users of marina facilities pursuant to paragraph (1): Provided, That part of use fees may be exempted for persons prescribed by Presidential Decree, such the State or local governments. |
| (4) |
Any management and operation right holder that is not the State or a local government shall report matters concerning the rate of use fees, method of collecting use fees, etc. under paragraph (3) to the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
The Minister of Oceans and Fisheries may, when he/she recognizes that the rate of use fees and the method of collecting use fees under paragraph (4) are likely to prejudice the benefits of users, order the change of the rate of use fees and other matters necessary for the management and operation of marina facilities. <Amended by Act No. 11690, Mar. 23, 2013> |
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| Article 27 (Prohibited Acts) |
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No person shall conduct any act falling under any of the following subparagraphs in marina facilities or inside marina zones without any justifiable cause:
| 1. |
Impairing marina facilities or deteriorating the functions thereof; |
| 2. |
Altering the structure of marina facilities or changing the location thereof; |
| 3. |
Leaving abandoned ships neglected; |
| 4. |
Reclaiming or excavating marina zones; |
| 5. |
Leaving obstacles neglected in marina zones or occupying marina zones without permission; |
| 6. |
Farming aquatic animals and plants in the waters of marina zones; |
| 7. |
Other acts prescribed by Presidential Decree, which could impair the preservation or use of marinas. |
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| Article 28 (Reinstatement, etc. to Original State) |
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| (1) |
The head of each relevant administrative agency of the government or the head of each local government may, in order to preserve the functions of marinas, give an order of reinstatement to the original state or removal to persons who violate the provisions of Article 27, for a period of less than three months: Provided, That for a person who violates subparagraph 2 of Article 27, the period shall be less than one year. <Amended by Act No. 11582, Dec. 18, 2012> |
| (2) |
The head of each relevant administrative agency of the government or the head of each local government may, when he/she is unable to issue orders under paragraph (1) due to not knowing persons who violated the provisions of Article 27 or the whereabout of such persons or when urgency is required to preserve the functions of marinas, take necessary measures for removal of abandoned ships, obstacles and waste, etc. notwithstanding paragraph (1). |
| (3) |
A specific period for reinstatement to the original state or removal under paragraph (1) and matters necessary for measures under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 11582, Dec. 18, 2012> |
CHAPTER IV-2 MARINA BUSINESS
law view
| Article 28-2 (Registration, etc. of Marina Business) |
|
| (1) |
Each person who intends to conduct any of the following business among marina business shall meet the requirements prescribed by Presidential Decree and file for registration with the Minister of Oceans and Fisheries. The same shall also apply to the modification of important matters prescribed by Presidential Decree among registered matters: |
| 1. |
Marina ship rental business: Business renting marina ships of at least five tons (including navigation of a marina ship, at the request of a person who rents a marina ship); |
| 2. |
Marina ship berthing and mooring business: Business providing facilities to berth ships on land or to moor ship at sea. |
| (2) |
The term of validity of registration under paragraph (1) shall be three years from the date of registration, and a person who intends to continue operating his/her business shall renew the registration, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, before the term of validity of such registration expires. |
| (3) |
Methods and procedures for filing for registration under paragraph (1), procedures for renewal under paragraph (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 28-3 (Succession to Marina Business, etc.) |
|
| (1) |
Where a person who has filed for registration pursuant to Article 28-2 (1) (hereinafter referred to as "registered business operator") transfers his/her business or dies, or a corporation merges with another corporation, the transferee, heir, corporation surviving the merger, or corporation newly established in the course of the merger, shall succeed to the status of the registered business operator. |
| (2) |
A person who acquires all facilities and equipment (referring to major facilities and equipment prescribed by Presidential Decree) of a registered business, according to any of the following procedures shall succeed to the status of the former registered business operator: |
| 4. |
Other procedures corresponding to paragraphs (1) through (3). |
| (3) |
Each person who succeeds to the status of a registered business operator pursuant to paragraph (1) or (2), shall report thereon to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 28-4 (Reporting on Suspension or Closure of Business) |
|
Where a registered business operator intends to wholly or partially suspend, resume, or close his/her business, he/she shall report thereon to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply where he/she suspends its business for a period not exceeding 15 days.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 28-5 (Obligations of Registered Business Operators) |
|
| (1) |
Every registered business operator shall determine usage fees, conditions of use, etc. (hereinafter referred to as "terms of use") and report thereon to the Minister of Oceans and Fisheries, and post usage fees and matters to be observed by users, at a readily visible place in his/her place of business. The same shall apply to the amendment thereto. |
| (2) |
No registered business operator shall engage in any of the following conduct: |
| 1. |
Allowing any third person to operate a business in his/her name; |
| 2. |
Requesting money other than fees; |
| 3. |
Refusing to rent a marina ship or refusing to provide facilities for berthing and mooring a marina ship without good cause; |
| 4. |
Accepting fees in excess of the reported or posted usage fees. |
| (3) |
No person who has registered a business berthing and mooring marina ships shall change the place for and method of berthing and mooring marina ships without request from or consent of the person who has requested berthing and mooring of such marina ships. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 28-6 (Corrective Orders) |
|
The Minister of Oceans and Fisheries may require a registered business operator to return usage fees, to cease a violation, or to take other measures necessary for correction, if the registered business operator:
| 1. |
Breaches his/her obligations to report or post under Article 28-5 (1); |
| 2. |
Breaches any of his/her obligations provided for in Article 28-5 (2) 2 through 4; |
| 3. |
Breaches his/her obligation to subscribe to insurance under Article 28-8. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 28-7 (Revocation of Registration, etc.) |
|
| (1) |
Where any of the following applies to a registered business operator, the Minister of Oceans and Fisheries may revoke the registration thereof or order him/her to fully or partially suspend his/her business for a specified period not exceeding six months: Provided, That where subparagraph 1 or 9 applies thereto, the Minister of Oceans and Fisheries shall revoke his/her registration: |
| 1. |
Where he/she has filed for registration or registration of modification by fraudulent or other wrongful means; |
| 2. |
Where he/she has no record of operating a business for at least one year; |
| 3. |
Where he/she fails to meet any of the prerequisites for registration under Article 28-2 (1); |
| 4. |
Where he/she allows a third person to operate a business in his/her name, in violation of Article 28-5 (2) 1; |
| 5. |
Where he/she fails to comply with an order to take a corrective measure issued under Article 28-6; |
| 6. |
Where he/she violates his/her obligation to subscribe to insurance under Article 28-8; |
| 7. |
Where he/she violates any of the obligations provided for in Article 28-9 (2) through (4); |
| 8. |
Where he/she is deemed unfit to continue operating his/her business due to substandard management, worsening financial instability or similar reasons; |
| 9. |
Where he/she carries on business during any period of suspension, in violation of an order to suspend his/her business. |
| (2) |
Matters necessary concerning the standards and procedures for making administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 28-8 (Subscription to Insurance) |
|
To compensate for damage to employees and users, every registered business operator shall subscribe to insurance, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 28-9 (Sale in Lots and Recruitment of Members) |
|
| (1) |
Each registered business operator may sell marina ships and facilities for berthing and mooring marina ships in lots, and recruit members. |
| (2) |
No person shall engage in any of the following conduct: |
| 1. |
Selling marina ships and facilities for berthing and mooring marina ships in lots, or recruiting members using the title “marina ship rental business, marina ship berthing or mooring business” or similar title although he/she is not entitled to sell such marina ships or facilities in lots or to recruit members pursuant to paragraph (1); |
| 2. |
Selling marina business-related facilities and facilities unrelated to marina business in lots or recruiting members in a package deal; |
| 3. |
Recruiting members to use marina ships or facilities for berthing and mooring marina ships after being transferred a right to use marina ships or facilities for berthing and mooring from a joint user or member. |
| (3) |
A person who sells marina ships or facilities in lots or recruits members shall observe the following matters, as prescribed by Presidential Decree, in order to protect the rights and interests of joint owners or members: |
| 1. |
Transfer and acquisition of co-owned share and membership; |
| 2. |
Use of marina ships and facilities for berthing and mooring; |
| 3. |
Collection of expenses incurred in the maintenance and management of marina ships or facilities for berthing and mooring; |
| 4. |
Refund of membership fees; |
| 5. |
Issuance and confirmation of member certificates; |
| 6. |
Establishment of the representative organization of joint owners and members; |
| 7. |
Other matters necessary for protecting the rights and interests of joint owners and members. |
| (4) |
Each person who intends to sell marina ships or facilities in lots or to recruit members pursuant to paragraph (1) shall sell marina ships or facilities in lots or recruit members according to the standards and procedures prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 28-10 (Designation, etc. of Institutions for Training Specialists in Marina Business) |
|
| (1) |
To ensure the continuous development of marina business and to strengthen the competitiveness thereof, the Minister of Oceans and Fisheries may designate relevant institutions or organizations as institutions for training specialists in marina business (hereinafter referred to as "specialist training institution"), as prescribed by Presidential Decree. |
| (2) |
Specialist training institutions shall: |
| 1. |
Train specialists in marina business; |
| 2. |
Develop and operate advanced technologies, educational programs, educational courses and teaching aids to strengthen the competitiveness of marina business; |
| 3. |
Other projects necessary for the training and education of specialists in marina business. |
| (3) |
The Minister of Oceans and Fisheries may fully or partially subsidize expenses incurred by specialist training institutions, within budgetary limits. |
| (4) |
Where any of the following applies to a specialist training institution, the Minister of Oceans and Fisheries may revoke the designation thereof or order it to suspend its business for a specified period not exceeding six months: Provided, That where it falls under subparagraph (1), the Minister of Oceans and Fisheries shall revoke its designation: |
| 1. |
Where it has obtained designation by fraudulent or other wrongful means; |
| 2. |
Where it fails to meet any of the prerequisites for designation; |
| 3. |
Where it fails to commence training specialists or delays training specialists without good cause; |
| 4. |
Where it fails to train specialists continuously for at least one year without good cause. |
| (5) |
The standards for designation of specialist training institutions under paragraph (1), detailed standards and procedures for making dispositions under paragraph (4), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
CHAPTER V SUPPLEMENTARY PROVISIONS
law view
| Article 29 (Development of Marina Industry Complexes) |
|
| (1) |
The State or a local government may develop marina industry complexes to efficiently promote marina-related industries. |
| (2) |
The development of marina industry complexes under paragraph (1) shall follow the procedures for the designation and development of national industrial complexes, general industrial complexes, urban high-tech industrial complexes and agro-industrial complexes under the Industrial Sites and Development Act. |
law view
| Article 30 (Lending, Use, etc. of National and Public Property) |
|
| (1) |
Notwithstanding the provisions of the State Property Act or Public Property and Commodity Management Act, the State or a local government may, if necessary for development projects or the development and operation of marina industry complexes, have national and public property lent, used or used commercially through private contracting or sell national and public property. |
law view
| Article 31 (Reduction and Exemption of Various Kinds of Charges, etc.) |
|
| (1) |
When the conversion of farmland or mountainous districts is required for the smooth implementation of development projects or marina industry complex creation projects, farmland preservation charges or alternative forest resources creation expenses may be reduced or exempted for project concessionaires as prescribed by the Farmland Act or Management of Mountainous Districts Act. |
| (2) |
The occupation fees and use fees of public waters may be reduced or exempted for development projects and persons developing and managing marina industry complexes as prescribed by the Public Waters Management and Reclamation Act. <Amended by Act No. 10272, Apr. 15, 2010> |
law view
| Article 32 (Cost Support) |
|
| (1) |
Costs for performing development projects or marina industry complex creation projects shall be borne by project concessionaires. |
| (2) |
The State or a local government may provide, subsidize or lend part of costs for development projects or creation of marina industry complexes to project concessionaires within budgetary limits as prescribed by Presidential Decree for development projects or creation of marina industry complexes. |
| (3) |
The State or a local government may preferentially support the installation of infrastructure prescribed by Presidential Decree, such as breakwaters, roads, railways and water supply facilities which are necessary for development projects or creation projects for marina industry complexes. |
law view
| Article 32-2 (Unique Identifier Codes for Marina Shipbuilders) |
|
| (1) |
Upon application by a marina shipbuilder, the Minister of Oceans and Fisheries may allocate a unique identifier code to the marina shipbuilder. |
| (2) |
Procedures and methods for requesting and allocating unique identifier codes under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 32-3 (Establishment of Korea Marina Association) |
|
| (1) |
Persons related to marinas and marina businesses may establish a Korea Marina Association (hereinafter referred to as "Association") with the approval of the Minister of Oceans and Fisheries, to ensure the sound development of marina-related industries. |
| (2) |
The Association shall be a body corporate. |
| (3) |
The Association shall perform the following duties: |
| 1. |
Surveys, research and publicity concerning marina-related industries; |
| 2. |
Collection and provision of information on marina-related industries; |
| 3. |
Education and training of persons engaged in marina business; |
| 4. |
Exchanges and cooperation with foreign institutions and organizations in marina-related industries; |
| 5. |
Duties entrusted by the State or local governments; |
| 6. |
Duties incidental to the duties referred to in subparagraphs 1 through 4, specified by the Association’s articles of association. |
| (4) |
Matters necessary regarding the articles of association, operation, supervision, etc. of the Association shall be prescribed by Presidential Decree. |
| (5) |
Except as otherwise expressly prescribed by this Act, provisions of the Commercial Act governing incorporated associations shall apply mutatis mutandis to the Association. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 33 (Administrative Dispositions) |
|
| (1) |
The Minister of Oceans and Fisheries may, when a project concessionaire falls under any of the following subparagraphs, order the cancellation of permission, designation or approval under this Act, suspension or change of works, reconstruction, alteration or relocation of structures, obstacles, etc. or other necessary dispositions or measures: Provided, That in cases falling under subparagraph 1, he/she shall cancel the relevant designation or approval: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Where permission, designation or approval under this Act is obtained by false or other unjust means; |
| 2. |
Where the continuation of a development project is impossible due to natural disasters or other causes prescribed by Presidential Decree, such as project concessionaire's bankruptcy (limited to cases where the continuation of a project is deemed unlikely through deliberation by the Council). |
| (2) |
Detailed criteria for the cancelation of permission, designation or approval, suspension or change of works, reconstruction, alteration or relocation of structures, obstacles, etc. other necessary dispositions or measures under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of the types, causes, degrees of violation, etc. of offensive acts. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Oceans and Fisheries shall, when he/she issues an order or disposition under paragraph (1), publish it as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
law view
| Article 33-2 (Inspections, Verifications, etc.) |
|
| (1) |
Where deemed necessary to ascertain whether prerequisites for registration are met, etc., the Minister of Oceans and Fisheries may require registered business operators or other related persons to appear or make a statement, may request them to submit relevant documents or report, and may require relevant public officials to enter marina ships, relevant facilities, etc. to inspect or verify books, documents or other things. |
| (2) |
Public officials who enter marina ships, relevant facilities, etc. for inspection or verification under paragraph (1) shall carry a certificate indicating their authority and produce it to interested persons. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 33-3 (Fees) |
|
| (1) |
Each of the following persons shall pay a fee to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where any of the Minister's duties are entrusted to an institution, fees determined by the institution shall be paid thereto: |
| 1. |
A person who files for registration or registration of modification of marina business pursuant to Article 28-2; |
| 2. |
A person who reports the transfer, acquisition or merger of marina business pursuant to Article 28-3; |
| 3. |
A person who applies for a unique identifier code pursuant to Article 32-2 (1). |
| (2) |
Where an entrusting institution intends to determine fees pursuant to the proviso to paragraph (1), it shall determine the rate, etc. according to the procedures prescribed by Ordinance of the Ministry of Oceans and Fisheries and obtain prior approval from the Minister of Oceans and Fisheries. The same shall also apply to the amendment of approved matters. |
[This Article Newly Inserted by Act No. 12998, Jan. 6, 2015]
law view
| Article 34 (Hearings) |
|
The Minister of Oceans and Fisheries or the heads of local governments shall hold a hearing under the Administrative Procedures Act to make any of the following administrative dispositions: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12998, Jan. 6, 2015>
| 1. |
Replacement of a project concessionaire or cancellation of designation thereof under Article 9 (3); |
| 2. |
Cancellation of designation under Article 11 (1); |
| 4. |
Revocation of designation of a specialist training institution under Article 28-10 (4). |
law view
| Article 35 (Delegation and Entrustment of Authority) |
|
| (1) |
The authority of the Minister of Oceans and Fisheries bestowed under this Act may be partially delegated to the administrators of regional maritime affairs and port offices or Mayors/Do Governors, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Any Mayor/Do Governor to whom authority is delegated pursuant to paragraph (1) may partially sub-delegate such authority to the heads of Sis/Guns/Gus, upon obtaining approval from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The duties of the Minister of Oceans and Fisheries prescribed under this Act may be partially entrusted to the Association established under Article 32-3 or the Korea Ship Safety Technology Authority established under Article 45 of the Ship Safety Act, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12998, Jan. 6, 2015> |
| (4) |
Where deemed necessary for efficiently performing the duties entrusted pursuant to paragraph (3), the Minister of Oceans and Fisheries may subsidize expenses incurred in performing such duties. <Newly Inserted by Act No. 12998, Jan. 6, 2015> |
law view
| Article 36 (Legal Fiction of Public Officials in Application of Penal Provisions) |
|
CHAPTER VI PENAL PROVISIONS
law view
| Article 37 (Penal Provisions) |
|
Any person that falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won:
| 1. |
A person who is designated as a project concessionaire under Article 9 by false or other unjust means; |
| 2. |
A person who obtains approval of an implementation plan under Article 13 (1) by false or other unjust means. |
law view
| Article 38 (Penal Provisions) |
|
Each of the following persons shall be punished by imprisonment with prison labor for not more than two years, or by a fine not exceeding 20 million won: <Amended by Act No. 12998, Jan. 6, 2015>
| 1. |
A person who performs a project without obtaining approval of the relevant implementation plan under Article 13 (1); |
| 2. |
A person who uses land or facilities without reporting on use before completion of works under Article 18 (4); |
| 3. |
A person who operates a marina business without filing for registration thereof with the Minister of Oceans and Fisheries, or files for registration by fraudulent or other wrongful means; |
| 4. |
A person who sells marina ships and facilities for berthing and mooring of marina ships in lots or recruits member, in violation of Article 28-9 (2). |
law view
| Article 39 (Penal Provisions) |
|
Each of the following persons shall be punished by imprisonment with prison labor for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 12998, Jan. 6, 2015>
| 1. |
A person who engages in conduct, such as construction of a building in a marina zone, without permission granted under Article 12 (1); |
| 2. |
A person who violates an order for reinstatement or removal issued under Article 28 (1); |
| 3. |
A person who violates an order for suspension or alteration of works, reconstruction, alteration, or relocation of structures, obstacles, etc. and other necessary dispositions or measures issued under Article 33 (1); |
| 4. |
A person who allows a third person to operate a business in his/her name, in violation of Article 28-5 (2) 1. |
law view
| Article 40 (Joint Penal Provisions) |
|
When a representative of a corporation, or a proxy, an employee or other worker of a corporation or an individual commits an act which violates Articles 37 through 39 in connection with a business of the corporation or the individual, not only the offender is punished but also the corporation or the individual shall be punished by fines as prescribed in the corresponding Article: Provided
, That the same shall not apply to cases where the corporation or the individual paid considerable attention to and diligently oversaw the relevant business in order to prevent such offenses.
law view
| Article 41 (Administrative Fines) |
|
| (1) |
Each of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended by Act No. 12998, Jan. 6, 2015> |
| 1. |
A person who obstructs or interferes with access to, or temporary use of, the land of a project concessionaire, in violation of the latter part of paragraphs (1) and (5) of Article 14; |
| 2. |
A person who enters land without permission of the landowner or occupier, in violation of Article 14 (3); |
| 3. |
A person who enters land without a certificate of authority, in violation of Article 14 (4); |
| 4. |
A person who operates a marina business without filing for registration of modification, in violation of Article 28-2 (1); |
| 5. |
A person who fails to report the transfer, acquisition, or merger (applicable only to corporations) of marina business, in violation of Article 28-3 (3); |
| 6. |
A person who fails to report the suspension, resumption, or closure of a business, in violation of Article 28-4; |
| 7. |
A person who fails to report the terms of use, or to post usage fees, etc., in violation of Article 28-5 (1); |
| 8. |
A person who requests money, other than fees, or engage in other conduct, in violation of Article 28-5 (2) 2 through 4; |
| 9. |
A person who fails to subscribe to insurance, in violation of Article 28-8. |
| (2) |
Administrative fines provided for in paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
ADDENDA
| (1) |
(Enforcement Date) This Act shall enter into force six months after its promulgation. |
| (2) |
(Transitional Measures) Any disposition or procedure and other acts that are given or taken and conducted for projects creating or developing marinas under other Acts before this Act enters into force shall be deemed to have been given, taken and conducted under this Act when such projects are designated as marinas under this Act. |
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. (Proviso Omitted)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation. (Proviso Omitted)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10628, May 18, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation. (Proviso Omitted)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11582, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reinstatement to Original State, etc.)
The amended provisions of Article 28 shall apply to a person who gives the first order of reinstatement to the original state or removal after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) |
This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12998, Jan. 6, 2015>
This Act shall enter into force six months after the date of its promulgation.
