Advanced Search

Fisheries Act


Published: 2010-05-17

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CHAPTER I GENERAL PROVISIONS
law view
 Article 1 (Purpose)   print
The purpose of this Act is to establish a fundamental system for fisheries to promote the development of fisheries and the democratization of fishery business by comprehensively utilizing fishery resources and waters and consequently enhancing the productivity of fisheries.
law view
 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 9948, Jan. 25, 2010>
1. The term "fisheries" means any fishery business, fishery catch transportation business, and marine product processing business;
2. The term "fishery business" means business of catching, gathering, or cultivating marine animals or plants;
3. The term "fishery catch transportation business" means business of transporting fishery catches or products thereof from a fishing ground to a designated landing place;
4. The term "marine product processing business" means business of manufacturing or processing foodstuff, feed, fertilizer, paste, glue, oil, fat or leather by directly using marine animals or plants as raw materials;
5. The term "fish farming" means business of cultivating seaweed, business of cultivating shellfish, business of cultivating fishes or similar, combined cultivation business, cooperative cultivation business and business of cultivation in the open sea referred to in Article 8, and business of cultivation in inland sea water and business of producing seeds and seedlings stipulated in Article 41 (3) 2 and 3;
6. The term "open sea" means the sea open without being landlocked prescribed by Presidential Decree, wherein pollutants are not accumulated, due to smooth inflow and outflow of seawater;
7. The term "cultivation" means activities of raising and gathering marine animals or plants in artificial ways, and activities of using fishing vessels and gear, or installing facilities granted pursuant to such purposes;
8. The term "fishing ground" means a certain area of waters where a fishery business is carried on with a license under Article 8;
9. The term "fishery right" means a right to run a fishery business with a license granted pursuant to Article 8;
10. The term "fishery activities by a piscary holder" means a piscary holder catches or gathers marine animals or plants at a fishing ground designated for community fisheries;
11. The term "piscary holder" means a person who has reported a fishery business in accordance with Article 47 and is registered in the original register of fishery rights, as prescribed by Presidential Decree, among those who the majority of local residents recognize to have continuously engaged in catching or gathering marine animals or plants on the local waters before the communal fishing right to those waters is created;
12. The term "fisher" means a fishery owner or employee;
13. The term "fishery owner" means a person who runs a fishery business;
14. The term "fishery employee" means a person who engages in a job of catching, gathering, or cultivating marine animals or plants for or on behalf of a fishery owner;
15. The term "fishery catch transporter" means a person who runs a fishery catch transportation business;
16. The term "employee of a fishery catch transportation business" means a person who engages in a job of carrying fishery catches or products thereof from a fishing ground to a designated landing place for or on behalf of a fishery catch transporter;
17. The term "marine product processor" means a person who runs a business of processing marine products;
18. The term "seashore" means an area between the water level line at full tide and the boundary line along the seaside of a tract of land as registered in the official cadastral record;
19. The term "leisure fishing" means the activities of catching or gathering marine animals or plants with a fishing rod or any other tool for pleasure;
20. The term "fishing gear" means equipment and implements used directly for catching and gathering marine animals or plants.
law view
 Article 3 (Scope of Application)   print
This Act shall apply to the waters, etc. specified in the following subparagraphs:
1. Seas;
2. Seashores;
3. Sea waters developed on land artificially for purposes of fishery business.
law view
 Article 4 (Plan, etc. for Use and Development of Fishing Grounds)   print
(1) The head of a Si (referring to a Special Self-Governing Province Governor for the Special Self-Governing Province; hereinafter the same shall apply), Gun or Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall prepare a plan for the use and development of fishing grounds (hereinafter referred to as "development plan") to comprehensively use and develop the waters within his/her jurisdiction.
(2) The head of a Si/Gun/Gu, who has prepared a development plan, shall obtain approval therefor from the Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor concerned.
(3) The head of a Si/Gun/Gu shall, in preparing a development plan, conduct a basic survey of the waters to be developed, considering the social and economic conditions, and shall follow the detailed guidelines for development plans determined by the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), considering the local conditions and characteristics, in compliance with the basic guidelines for development plans prescribed by the Minister for Food, Agriculture, Forestry and Fisheries.
(4) Where any other Act or subordinate statute restricts or prohibits fishery activities on the waters for which a development plan is to be prepared, the head of a Si/Gun/Gu shall either obtain approval from or consult with the head of the relevant administrative agency in advance.
(5) The head of a Si/Gun/Gu, who intends to establish a development plan, shall go through the deliberation thereon by the competent fisheries mediation committee under Article 88.
(6) Any development plan approved pursuant to paragraphs (1) through (5) may be revised only in cases prescribed by Presidential Decree, and paragraphs (1) through (5) shall apply mutatis mutandis to the preparation and approval of the revised development plan, the approval from or consultation with the head of the administrative agency concerned, and deliberation thereon by the competent fisheries mediation committee: Provided, That the approval from or consultation with the head of the administrative agency concerned shall be required only where such approval or consultation is further needed due to an addition of new waters or any other similar reason.
(7) Necessary matters concerning the preparation of the basic guidelines and the detailed guidelines for development plans under paragraphs (1) and (3), the establishment of development plans, the procedures therefor, etc. shall be prescribed by Presidential Decree.
law view
 Article 5 (Granting Fishery Business License, etc. to Foreigners)   print
(1) The Mayor/Do Governor or the head of a Si/Gun/Gu, who intends to grant a fishery business license or permit prescribed by Presidential Decree to a foreigner or a foreign legal entity, shall consult in advance with the Minister for Food, Agriculture, Forestry and Fisheries.
(2) Paragraph (1) shall also apply where a foreigner or a foreign legal entity provides investment to a citizen of the Republic of Korea or to a legal entity (including a legal entity still in the formation progress; hereafter the same shall apply in this Article) established pursuant to any Act of the Republic of Korea, with intent to run a fishery business under paragraph (1), and where the ratio of the investment in such citizen or legal entity reaches or exceeds 50 percent or the voting rights so acquired takes the majority.
(3) As to an individual, a legal entity or an organization from a country that bans or restricts the acquisition of any right to fisheries within its territory to a citizen of the Republic of Korea or to a legal entity or an organization established pursuant to any Act of the Republic of Korea, a ban or restriction equivalent or similar to that of such country may be placed with respect to the acquisition of a right to fisheries within the territory of the Republic of Korea.
law view
 Article 6 (Service of Documents by Public Notice)   print
(1) If it is impossible to serve a document necessary for giving notice of an order, a disposition, etc. made pursuant to this Act or an order hereunder because a definite domicile or residence is unknown or due to any other reason, the Minister for Food, Agriculture, Forestry and Fisheries, the Mayor/Do Governor or the head of a Si/Gun/Gu (hereinafter referred to as "administrative authority") shall publicly notify it as prescribed by Presidential Decree.
(2) If the administrative authority concerned has given public notice under paragraph (1), the document shall be deemed to have been served on the date on which 30 days have elapsed since the day following the date of such public notice.
law view
 Article 7 (Joint Application)   print
(1) If two or more persons jointly obtain a license or permit, or submit a report on a reported fishery business, under this Act, they shall appoint a representative from among themselves and state such appointment additionally on the application or report concerned.
(2) In case of paragraph (1), if no representative is appointed, one of the said persons shall be chosen as their representative and reported so to the administrative authority concerned, as prescribed by Presidential Decree. In such cases, the foregoing procedure shall also apply where the representative is replaced.
(3) If there is no report made in accordance with paragraph (2), the administrative authority concerned shall designate a representative.
CHAPTER II LICENSED FISHERY BUSINESS
law view
 Article 8 (Licensed Fishery Business)   print
(1) Any person who intends to engage in fishery business that falls under any of the following subparagraphs shall obtain a license from the head of a Si/Gun/Gu: Provided, That any person who intends to engage in business of cultivation in the open sea shall receive a license from the Minister for Food, Agriculture, Forestry and Fisheries: <Amended by Act No. 9948, Jan. 25, 2010>
1. Set-net fishery business: Business of catching marine animals in a demarcated area of waters with the fishing gear prescribed by Presidential Decree set up at a certain place;
2. Business of cultivating seaweed: Business of cultivating seaweed in a demarcated area of waters by using the seabed or installing facilities under water as necessary;
3. Business of cultivating shellfish: Business of cultivating shellfish in a demarcated area of waters by using the seabed or installing facilities under water as necessary;
4. Business of cultivating fishes or similar: Business of cultivating marine animals other than shellfish in a demarcated area of waters by using the seabed or installing facilities under water as necessary or in any other way;
5. Combined cultivation business: Business, other than any of those set forth in subparagraphs 2 through 4 and 6, of cultivating a combination of two or more different species set forth in subparagraphs 2 through 4, considering the characteristics of fishing grounds, etc.;
6. Communal fishing business: Business run by a fisher residing in a certain locality to manage, cultivate, catch and gather shellfish, seaweed or sedentary marine animals in a demarcated area of waters, contiguous to the shore, within a certain depth range;
7. Cooperative cultivation business: Cultivation business run by fishers residing in a certain locality through mutual cooperation in a demarcated area of waters within a certain depth range, which exceeds the water depth limit of a fishing ground allowed for communal fishing business, in a manner set forth in any of subparagraphs 2 through 5;
8. Business of cultivation in the open sea: Business of cultivating marine animals or plants in a demarcated area of waters in the open sea by installing facilities under or on the surface of water as necessary or in any other way.
(2) When granting a license for any fishery business described in paragraph (1), the head of a Si/Gun/Gu shall do so within the scope of the development plan.
(3) The kinds of fishery business under the subparagraphs of paragraph (1) and the limits of the depth of fishing grounds for communal fishing business and cooperative cultivation business shall be prescribed by Presidential Decree.
(4) Necessary matters concerning those listed in the following subparagraphs shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That the depth of water in fishing grounds referred to in subparagraph 1 may be determined by Municipal Ordinance of relevant Si/Gun/Gu within the limits prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: <Amended by Act No. 9948, Jan. 25, 2010>
1. Depth of water in fishing grounds (excluding those for communal fishing business and cooperative cultivation business), the bounds of fishery zones, and the distance between fishing grounds;
2. Methods of installing facilities in fishing grounds, and methods of cultivation or catching and gathering;
3. Matters concerning cultivated products or catches;
4. Matters concerning fishing vessels and fishing gear, or the use thereof;
5. Matters concerning the installation of toilets and other subsidiary facilities and restrictions on activities in fishing grounds to strengthen the safety of marine products;
6. Other matters necessary for licensing fishery business.
law view
 Article 9 (License for Communal Fishing Business, etc.)   print
(1) A license for communal fishing business shall be granted only to a fishing village fraternity or a fisheries cooperative located in each district (hereinafter referred to as "district fisheries cooperative") in order to promote the common interests of fishers who reside in a certain locality.
(2) A license for cooperative cultivation business shall be granted only to a fishing village fraternity, a fisheries partnership under Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter referred to as "fisheries partnership") or a district fisheries cooperative in order to improve the common interests and fishery productivity of fishers who reside in a certain locality.
(3) If a certain area of waters for which a license is to be granted falls under either of the following subparagraphs, a license for the business of cultivating seaweed or the business of cultivating fishes or similar in the area of waters or the business of cultivating shellfish on the seabed shall be granted only to a fishing village fraternity, a fisheries partnership or a district fisheries cooperative, whichever is near to the area of waters:
1. The area of waters is located within the bounds of a fishing ground for communal fishing business;
2. The area of waters is located within the area covering up to 500 meters (or 1,000 meters for the west coast) away from the coastline at full tide, and the competent Si/Gun/Gu fisheries mediation committee (referring to the competent City/Do fisheries mediation committee for the Special Self-Governing Province) under Article 88 concludes that it is necessary to do so for coordination of fisheries.
(4) The head of a Si/Gun/Gu may grant a license for a fishery business other than the communal fishing business, cooperative cultivation business and business of cultivation in the open sea to a fishing village fraternity, a fisheries partnership or a district fisheries cooperative, if deemed necessary to do so for promoting the common interests of fishers and the development of fisheries in a certain area. <Amended by Act No. 9948, Jan. 25, 2010>
law view
 Article 10 (Disqualification from Holding License)   print
No head of a Si/Gun/Gu shall grant a license for fishery business to any person who falls under any of the following subparagraphs:
1. A legal entity or an organization, the business purpose of which is not fishery;
2. A person, the area of whose fishing ground is equal to or larger than that prescribed by Presidential Decree, if the area of fishing ground to which he/she applies for a fishery right is added to the area of fishing ground to which he/she has obtained a fishery right;
3. A company that meets the criteria prescribed by Presidential Decree and any of its affiliates (limited to cases where business of cultivating seaweed, business of cultivating shellfish on the seabed or business of cultivating fishes or similar is involved);
4. A person who was sentenced to imprisonment without labor or heavier punishment for a violation of this Act, the Fishing Ground Management Act, the Fishing Vessels Act or the Fishery Resources Management Act and for whom two years have yet to elapse from the date the execution of the sentence was terminated (including the cases where the execution of the sentence is deemed to have been terminated) or exempted;
5. A person who was sentenced to a stay of an execution of imprisonment without labor or heavier punishment for a violation of this Act, the Fishing Ground Management Act, the Fishing Vessels Act or the Fishery Resources Management Act and is under the period of the stay of execution;
6. A person who was sentenced to a fine of one million won or more for a violation of this Act, the Fishing Ground Management Act, the Fishing Vessels Act or the Fishery Resources Management Act and for whom two years have yet to elapse from the date the sentence became final and conclusive.
law view
 Article 11 (Prohibition of Licensing)   print
(1) If the waters for which a license for fishery business is sought fall under Article 34 (1) 1 through 7, the head of a Si/Gun/Gu shall not be required to grant such a license for fishery business.
(2) The head of a Si/Gun/Gu shall not grant a license for fishery business to a person whose license for fishery business was revoked on any of the grounds set forth in subparagraphs 1 and 3 through 6 of Article 35 (excluding cases that fall under any of Article 34 (1) 1 through 7), if two years have not passed since the revocation of the previous license, as prescribed by the Presidential Decree.
law view
 Article 12 (Imposition of Restrictions and Conditions on License)   print
When granting a license for fishery business, the head of a Si/Gun/Gu may place restrictions or conditions on the license, if deemed necessary for coordination of fisheries or if the case falls under any of Article 34 (1) 1 through 7.
law view
 Article 13 (Order of Priority)   print
(1) Priority shall be given to applicants for a license for fishery business (excluding the licenses for fishery business under Articles 8 (1) 8 and 9 (1) through (4)) in the following order: <Amended by Act No. 9948, Jan. 25, 2010>
1. Any fisheries engineer who has run or engaged in the same kind of fishery business as one for which a license application is filed, or any person who has run or engaged in the same kind of fishery business as one for which the license application is filed during five years before the application date (excluding the period of intermission for a fishing ground under the Fishing Ground Management Act);
2. Any fisheries engineer who has run or engaged in a fishery business falling under Article 41 (2) or (3) (excluding cases falling under subparagraph 1), or any person who has run or engaged in a fishery business falling under Article 41 (2) or (3) (excluding cases set forth in subparagraph 1) during five years before the application date (excluding the period of intermission for a fishing ground under the Fishing Ground Management Act);
3. Any person other than those falling under subparagraphs 1 and 2.
(2) Where two or more persons have joint priority under paragraph (1), the priority shall be given as in the following order:
1. Any person whose fishery right to the fishing ground concerned has expired as at the time of the application or during the period of intermission for the fishing ground under Article 9 (5) of the Fishing Ground Management Act;
2. Any fisheries engineer who has run or engaged in fishery business for which the license application is filed at a fishing ground for the fishery business for which the license application is filed, or any person who has run or engaged in fishery business for which the license application is filed at a fishing ground for the fishery business for which the license application is filed during five years before the application date (excluding the period of intermission for the fishing ground under the Fishing Ground Management Act);
3. Any person other than those falling under subparagraphs 1 and 2.
(3) Where two or more persons have joint priority under paragraph (2), the priority shall be given as in the following order:
1. Any person who has, since one year before, had his/her domicile (referring to the place of business for fisheries, if such person is a legal entity or an organization; hereinafter the same shall apply) continuously in the Special Self-Governing Province or Si/Gun/autonomous Gu within which the waters for which the license is applied, are located;
2. Any person who has, since one year before, had his/her domicile continuously in any Si/Gun/autonomous Gu adjoining the Si/Gun/autonomous Gu within which the waters for which the license is applied, are located;
3. Any person other than those falling under subparagraphs 1 and 2.
(4) As to other waters for which no person''s fishery right has expired, the head of a Si/Gun/Gu shall give a top priority to a person who holds a fishery right to the waters falling under Article 9 (3), if he/she wants to be granted a new fishery business license of the same type for such other waters under the condition that he/she shall relinquish the fishery right currently held before the fishery right expires, notwithstanding paragraphs (1) through (3).
(5) The order of priority in granting a license for communal fishing business, business of cultivating seaweed, etc. under Article 9 (1) and (3) shall be in accordance with Article 9 (1) and (3).
(6) The order of priority in granting a license for cooperative cultivation business under Article 9 (2) shall be in accordance with Article 9 (2), except for transfer, division or similar under Article 19 (1) or other cases prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(7) In determining the priority in accordance with paragraphs (1) through (6), any person who falls under any of the following subparagraphs may be deprived of the priority. Such deprivation requires deliberation by the competent fisheries mediation committee under Article 88:
1. Any person on whom an administrative disposition has ever been imposed with respect to a fishing ground for the relevant fishery business due to his/her violation of this Act, the Fishing Ground Management Act or the Fishery Resources Management Act, or an order or a disposition under this Act, the Fishing Ground Management Act or the Fishery Resources Management Act, or a restriction or condition thereunder;
2. Any person in whose case the status of maintenance of the relevant fishing ground and management of the relevant fishery business is found substantially poor;
3. Any person who has once held the relevant fishery right but transferred it to a third person without a justifiable ground;
4. Any person who has ever received compensation for losses as a consequence of revocation of a fishery right due to any cause set forth in Article 81 (1) 1: Provided, That the person shall not be deprived of the priority, if he/she had any other fishery right at the time when such compensation for losses was given, or had a fishery right transferred or divided in accordance with the proviso to Article 19 (1) with the exception of subparagraphs thereof after receiving such compensation, and if he/she applies for a new fishery business license due to expiration of such fishery right.
law view
 Article 13-2 (Order of Priority in Granting License for Business of Cultivation in Open Sea)   print
(1) Priority shall be given to applicants for a license for the business of cultivation in the open sea under Article 8 (1) 8 in the following order:
1. Any person who has run or is running the business of cultivation in the open sea as a pilot project, which is approved by the Minister for Food, Agriculture, Forestry and Fisheries;
2. Any person who runs fish-raising business in an inland bay (referring to the area of waters which is short of the water standards for the installation of fishing ground facilities for the open sea cultivation; hereinafter the same shall apply) but intends to relocate it into the open sea;
3. Any person who has purchased a right to cultivate fishes or similar (limited to the business of fish farming using cages) in an inland bay but intends to carry on it in the open sea;
4. Other than those falling under subparagraphs 2 and 3, any fisher, fisheries corporation, fisheries cooperative classified by district or business, fishing village fraternity, or person intending to run a business of cultivation in the open sea that is selected by the Central Fisheries Mediation Committee under Article 88 after deliberation according to the standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) The order of priority of those who have the same priority under any subparagraph of paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, taking into consideration the situation of fisheries, etc.
(3) In determining priority in accordance with paragraphs (1) and (2), deprivation of the priority shall be governed by Article 13 (7).
[This Article Newly Inserted by Act No. 9948, Jan. 25, 2010]
law view
 Article 14 (Period of Validity of License)   print
(1) Each fishery business license under Article 8 shall be effective for ten years: Provided, That the period of validity of such a license may be shortened to less than ten years, where the license is subject to Article 4 (4) of this Act or Article 8 (5) of the Fishing Ground Management Act, or where Presidential Decree prescribes necessary matters concerning the protection of fishery resources and coordination of fisheries.
(2) The head of a Si/Gun/Gu shall, upon request by a fishery right holder, permit an extension of the period of validity within the limit of ten years from the expiry of the license, except a ground falling under the proviso to paragraph (1) exists, any subparagraph of Article 13 (7) or any subparagraph of 34 (1). In such cases, the total period of extensions as permitted shall not exceed ten years, if such extensions are permitted over several times.
(3) Even where a fishery right holder has not requested an extension of the period of validity, the head of a Si/Gun/Gu may, upon request by a registered holder to the fishery right, permit an extension of the period of validity of the fishery right.
(4) A fishery right shall be extinguished simultaneously upon the expiration of the period of validity of the license concerned or the extended period as permitted under paragraph (2).
law view
 Article 15 (Limited Fishery Business License for Licensing-Restricted Area, etc.)   print
(1) As to a person who intends to do fishery business in the area of waters where fisheries are restricted or for which the fishery business license has been revoked because the area of waters falls under any of Article 34 (1) 1 through 6 or subparagraph 6 of Article 35 (limited to the cases falling under any of Article 34 (1) 1 through 6), the head of a Si/Gun/Gu may grant a limited fishery business license under Article 8 (hereinafter referred to as "limited fishery business license") after setting the period of validity of the license, etc. particularly, subject to consultation with or approval from the head of the administrative agency concerned.
(2) As to any limited fishery business license, Article 16 (2), the proviso to the head sentence of Article 19 (1) and Article 81 (1) shall not apply.
(3) The head of a Si/Gun/Gu shall, whenever granting a limited fishery business license, put a condition to exclude the case from any compensation under other Acts and subordinate statutes, if the administrative agency concerned agrees or approves the license on such condition.
law view
 Article 16 (Acquisition and Nature of Fishery Right)   print
(1) Any person who obtains a fishery business license in accordance with Article 8 or has a fishery right transferred or divided in accordance with Article 19 shall acquire the fishery right only when it is registered on the original register of fishery rights under Article 17.
(2) A fishery right shall be a real right, to which the provisions of the Civil Act governing land shall apply mutatis mutandis, except as provided for otherwise in this Act.
(3) As to a fishery right and the rights derived therefrom, the provisions of the Civil Act governing pledge rights shall not be applicable.
(4) It shall be deemed that any fishery right held by a fishing village fraternity which is not a legal entity, is owned collectively by the fishing village fraternity.
law view
 Article 17 (Registration of Fishery Right)   print
(1) The matters concerning the creation, preservation, transfer, alteration, extinguishment, restrictions on disposition, and equities of a fishery right and the rights derived therefrom, and also the matters concerning fishery activities by a piscary holder, shall be registered on the original register of fishery rights.
(2) Registration under paragraph (1) shall be deemed effective as a substitute for the registration of real estate.
(3) The matters concerning registration shall be prescribed by Presidential Decree.
law view
 Article 18 (Acquisition and Nature of Fishery Right)   print
(1) Any person, who obtains a fishery business license in accordance with Article 8 or has a fishery right transferred or split off in accordance with Article 21, shall acquire the fishery right only when the license is registered on the original register of fishery rights under Article 19.
(2) The fishery right shall be a real right, to which the provisions of the Civil Act governing land shall apply mutatis mutandis, except as provided otherwise in this Act.
(3) As to the fishery right and the rights derived therefrom, the provisions of the Civil Act governing pledge rights shall not be applicable.
(4) It shall be deemed that any fishery right held by a fishing village fraternity, which is not a legal entity, is owned collectively by the fishing village fraternity.
law view
 Article 19 (Transfer, Division or Alteration of Fishery Right)   print
(1) No fishery right shall be subject to transfer, division or alteration: Provided, That a fishery right may be transferred, divided or altered, when it is required to alter the fishery right in consequence of purification or rearrangement of fishing grounds under the Fishing Ground Management Act, when it is authorized by the head of a Si/Gun/Gu pursuant to Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries one year after the registration of the fishery right (excluding communal fishing rights) and the commencement of the fishery business (referring to one of the following days; hereinafter the same shall apply), or when the fishery right is transferred or divided as a consequence of a merger of legal entities or inheritance:
1. The day on which installation of facilities and spread of seeds or planting seedlings are completed, where it is necessary to install such facilities and spread such seeds or seedlings;
2. The day on which installing facilities is completed, where it is necessary to install such facilities, but it is not necessary to spread any seeds or seedlings;
3. The day on which spread of seeds or planting seedlings is completed, where it is not necessary to install any facility, but it is necessary to spread such seeds or seedlings.
(2) The head of a Si/Gun/Gu shall not grant authorization for transfer or division of a fishery right, if the person who wants to have the fishery right transferred or divided in accordance with the proviso to paragraph (1) falls under any subparagraph of Article 10 or Article 11 (2).
(3) Notwithstanding the main sentence of the head sentence of paragraph (1), a fishery right held by a fishing village fraternity or a district fisheries cooperative may be transferred or divided, if the fishery right is transferred or divided among fishing village fraternities, among district fisheries cooperatives, or between a fishing village fraternity and a district fisheries cooperative, as a consequence of a merger or division of fishing village fraternities or district fisheries cooperatives, an alteration of business territories, or a mutual agreement.
law view
 Article 20 (Report on Changes in Matters Licensed)   print
A fishery right holder, who intends to change any matter licensed as prescribed by Presidential Decree including a name and address, shall submit a report on the change to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 21 (Transfer, Split-off, or Alteration of Fishery Right)   print
(1) No fishery right shall be subject to transfer, split-off, or alteration: Provided, That the fishery right may be transferred, split off, or altered, when it is altered due to purification or rearrangement of fishing grounds under the Fishing Ground Management Act, when an alteration is authorized by the Head of Si/ Gun/ Gu pursuant to the Ordinance of the Ministry of Maritime Affairs and Fisheries one year after the registration of the fishery right (excluding community fishery rights) and the commence ment of the fishery business (referring to one of the following days; hereinafter the same shall apply), or when it is transferred or split off as a consequence of a merger of legal entities or inheritance:
1. The day on which installing facilities and spreading seeds or seedlings are completed, where it is necessary to install such facilities and spread the seeds or seedlings;
2. The day on which installing facilities is completed, where it is necessary to install such facilities, but it is not necessary to spread seeds or seedlings; and
3. The day on which spreading seeds or seedlings is completed, where it is not necessary to install any facility, but it is necessary to spread seeds or seedlings.
(2) The head of Si/ Gun/ Gu shall not give any authorization for transfer or split-off of a fishery right, if the person who wants to have the fishery right transferred or split off in accordance with the proviso of paragraph (1) falls under any subparagraph of Article 12 or Article 13 (2).
(3) Notwithstanding the main sentence of paragraph (1), a fishery right held by a fishing village fraternity or a district cooperative may be transferred or split off, if the fishery right is transferred or split off between fishing village fraternities, between district cooperatives, or between a fishing village fraternity and a district cooperative, as a consequence of a merger or split-off of fishing village fraternities or district cooperatives, or alteration of business territories, or a mutual agreement.
law view
 Article 22 (Report on Changes in the Matters Licensed)   print
A fishery right holder, who wants to change any of the matters licensed as prescribed by the Presidential Decree including name and address, shall submit a report on the change to the head of Si/Gun/Gu under the conditions as prescribed by the Ordinance of the Ministry of Maritime Affairs and Fisheries.
law view
 Article 23 (Consent of Co-Owner)   print
(1) No co-owner of a fishery right may dispose of his/her equity or offer it as security without the consent of the other co-owners.
(2) As to the cases under paragraph (1), if it is impossible to obtain the consent of any other co-owner because his/her domicile or residence is not ascertained or due to any other reason, such fact shall be notified publicly as prescribed by Presidential Decree.
(3) When public notice is made in accordance with paragraph (2), if an objection is not filed within 30 days from the date following the day of such public notice, it shall be deemed that the consent is given on the last day during such period.
law view
 Article 24 (Consent of Registered Right Holder)   print
No fishery right may be divided, altered or surrendered without the consent of a registered right holder.
law view
 Article 25 (Consent of Co-Owner)   print
(1) Any co-owner of a fishery right may not dispose of his/her equity or offer it as security without consent of other co-owners.
(2) In relation to the case under paragraph (1), if it is impossible to obtain the consent because the domicile or abode of a co-owner is not ascertained or due to any other reason, such fact shall be notified publicly under the conditions as prescribed by the Presidential Decree.
(3) When a public notice is made in accordance with paragraph (2), it shall be deemed that the consent is given on the last day on which 30 days beginning from the day following the public notice date have elapsed, if there is no objection within said time period.
law view
 Article 26 (Auction of Fishery Rights)   print
(1) If a fishery business license is revoked in accordance with any of Article 31 (2), subparagraphs 2 through 5 of Article 35, or subparagraph 6 of Article 35 (limited to the cases falling under Article 34 (1) 8 or 9), the person who is registered as the holder of a mortgage to the fishery right may file an application for auction of the fishery right within 30 days from the date following the day on which notice under Article 36 is received.
(2) When an application for auction is filed in accordance with paragraph (1), it shall be deemed that the relevant fishery right remains effective for the purposes of the auction during the period ranging from the day on which the license is revoked to the day on which the proceedings for the auction are closed.
(3) The remainder of the sale price from the auction shall escheat to the National Treasury, if any money remains after satisfying the auction expenses and the obligations owed to the holder of a mortgage under paragraph (1).
(4) When the successful bidder pays the auction price, it shall be deemed that the revocation of the fishery business license has not become effective.
law view
 Article 27 (Use of Patrol Vessel, and Restriction and Prohibition thereof)   print
(1) Any fishery right holder who intends to use a fishing vessel necessary for control of a fishing ground for the fishery business (hereinafter referred to as "patrol vessel"), shall have the vessel so designated by the head of a Si/Gun/Gu. In such cases, only a fishing vessel owned or leased by the fishery right holder (including a person who exercises the fishery right in accordance with Article 37) may be designated as a patrol vessel.
(2) If necessary for proliferation and protection of fishery resources and coordination of fisheries, the head of a Si/Gun/Gu may restrict or ban any fishing vessel or fishing gear appropriate for the patrol vessel according to the type of fishing business, the area of fishing ground or the species of marine animals or plants as prescribed by Presidential Decree.
(3) A fishery right holder who has no patrol vessel for a fishing ground for his/her fishery business licensed may use a fishing vessel so designated pursuant to paragraph (1), or a fishing vessel for the fishery business permitted or reported in accordance with Article 41 (1), (2) and (3) 1 or Article 47 (1), subject to approval from the head of a Si/Gun/Gu.
(4) No fishery right holder with a vessel designated as a patrol vessel pursuant to paragraph (1) shall use the patrol vessel for catching, gathering or cultivating marine animals or plants in any area of waters other than the designated area of fishing ground or the area approved pursuant to paragraph (3): Provided, That the same shall not apply where a fishery permit has been obtained or a report has been made in accordance with Article 41 or 47 with respect to the patrol vessel.
(5) The size and number of patrol vessels under paragraphs (1) and (3), the horsepower of their engines, designation or approval for the use, and other necessary matters concerning the use of the patrol vessels shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That when necessary for proliferation and protection of fishery resources and coordination of fisheries, matters regarding the number of patrol vessels, the standards for use thereof, etc. may be determined by Municipal Ordinance of the Si/Gun/Gu concerned within the limits prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 9948, Jan. 25, 2010>
law view
 Article 28 (Designation, etc. of Wintering or Summering Zones)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries or the Mayor/Do Governor may, if deemed necessary for wintering or summering of marine animals or plants, designate a certain area of waters as a wintering or summering zone.
(2) A fishery right holder for cultivation business under any of Article 8 (1) 2 through 6 may demarcate and use a certain area of waters as a wintering or summering place, in order to facilitate wintering or summering of the marine animals or plants cultivated in the area demarcated pursuant to paragraph (1).
(3) If inevitable for the efficient use and management of wintering or summering places, the head of a Si/Gun/Gu may take necessary measures, such as adjustment of the areas of waters, or the Minister for Food, Agriculture, Forestry and Fisheries or the Mayor/Do Governor may require the head of the Si/Gun/Gu concerned to take necessary measures.
(4) Necessary matters concerning the designation of wintering or summering zones, the facilities and methods of managing wintering or summering places, etc. under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 29 (Reserves)   print
(1) In order to protect fishery rights for set-net fishery business, a reserve shall be established.
(2) No activities provided for in the following subparagraphs that are likely to cause damage to facilities or interfere with the exercise of fishery rights shall be engaged in within the reserve under paragraph (1): Provided, That the same shall not apply where consent thereto is given by the fishery right holder concerned:
1. Using fishing nets;
2. Attracting or chasing marine animals using light, sound, etc.;
3. Installing fishing gear such as weirs and longlines, or using dragged gears and diving apparatus;
4. Constructing, enlarging or remodeling any facility that is likely to interfere with the exercise of a fishery right: Provided, That this shall not include the cases where it is done by the State or a local government for the purposes of meeting needs for the national defense or serving other public interests.
(3) Necessary matters concerning the bounds of reserves under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 9948, Jan. 25, 2010]
law view
 Article 30 (Report on Suspension of Business and Voluntary Surrender of Fishery Right)   print
(1) Any person who engages in fishery business with a fishery right, but wants to suspend his/her business for one year or longer continuously, shall submit a report in advance to the head of a Si/Gun/Gu, stating a definite business suspension period: Provided, That no one may suspend his/her fishery business before commencing the business pursuant to Article 31 (1), and nor suspend his/her business for more than two consecutive years.
(2) Notwithstanding the proviso to paragraph (1), if it is impossible to secure seeds or seedlings due to any natural disaster or other unavoidable causes, any person may report the fact in advance to the head of a Si/Gun/Gu to seek an extension of the business suspension period within the limit of one year.
(3) A person who has reported under paragraphs (1) and (2) shall report again in advance with the head of a Si/Gun/Gu, if he/she intends to resume his/her fishery business before expiration of the business suspension period previously reported.
(4) No period under paragraphs (1) and (2) shall include the period during which fishery business has been suspended in compliance with an order issued pursuant to Article 34 or 61, and the period of intermission for a fishing ground under the Fishing Ground Management Act.
(5) A fishery right holder who intends to voluntarily surrender his/her fishery right shall report his/her intent to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 31 (Commencement, etc. of Fishery Business)   print
(1) Any person who has acquired a fishery right shall commence his/her fishery business within one year after he/she has acquired the fishery right: Provided, That the foregoing period may be adjusted by the head of a Si/Gun/Gu within the limit of two years, if Presidential Decree prescribes.
(2) If it is found that a person who acquired a fishery right has kept the fishing ground continuously idle for more than one year after commencement of his/her fishery business and fails to utilize the fishing ground comprehensively, the head of a Si/Gun/Gu may alter or revoke the fishery right.
(3) No period under paragraphs (1) and (2) shall include the period during which fishery business has been suspended in compliance with an order issued pursuant to Article 34 or 61, and the period of intermission for a fishing ground under the Fishing Ground Management Act.
law view
 Article 32 (Prohibition of Control by Third Person)   print
(1) No fishery right holder shall allow a third person to have de facto control over the management of his/her fishery business.
(2) The extent of de facto control over the management of fishery business under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 33 (Prohibition of Lease)   print
No fishery right shall become the subject matter of a lease. In such cases, the exercise of a fishery right owned by a fishing village fraternity or a district fisheries cooperative shall not be deemed a lease, if it is exercised by a member of such fishing village fraternity or district fisheries cooperative or by a fishery partnership comprised of members of such fishing village fraternity or district fisheries cooperative in accordance with the fishing ground management covenant under Article 38.
law view
 Article 34 (Restrictions, etc. on Licensed Fishery Business to Meet Needs for Public Interests)   print
(1) The head of a Si/Gun/Gu may restrict or suspend a fishery business licensed, or may restrict a fishing vessel's mooring at, or departure from or entry into, a port, on any of the following grounds:
1. If required for proliferation and conservation of fishery resources;
2. If required for military training or security of a major military base;
3. If deemed necessary for national defense upon request by the Minister of National Defense;
4. If required for navigation, anchorage and mooring of vessels or laying of subaqueous cables;
5. If required for sanitation control of marine animals inhabiting on the bottom of the sea area into which wastes are discharged pursuant to the proviso to Article 23 (1) of the Marine Environment Management Act;
6. If required for public utilities under Article 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor;
7. If any ground is prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, such as prevention of accidents relating to safety in fishing activities;
8. If a fishery right holder violates this Act, the Fishing Ground Management Act or the Fishery Resources Management Act, any order or disposition under this Act, the Fishing Ground Management Act or the Fishery Resources Management Act, or any restriction or condition thereunder;
9. If a fishery right holder violates any agreement made on fisheries with a foreign country, any generally accepted international law or rule, or any Act or subordinate statute of a foreign country governing fisheries.
(2) Necessary matters concerning the procedures for restriction on fishery business, etc. under any of paragraph (1) 1 through 6 shall be prescribed by Presidential Decree.
(3) The matters concerning the restriction on fishery business, etc. under paragraph (1) 7 shall be prescribed by Joint Ordinance of the Ministry of National Defense, the Ministry for Food, Agriculture, Forestry and Fisheries and the Ministry of Land, Transport and Maritime Affairs.
(4) Necessary matters regarding the standards and procedures for disposition of restrictions on fishery business, etc. under paragraph (1) 8 or 9 shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(5) The control of a fishing vessel subject to disposition of mooring pursuant to paragraph (1) 8 or 9 shall be put under a person who has obtained the designation or approval pursuant to Article 27 (1) and (3).
law view
 Article 35 (Revocation of Fishery Business License)   print
If a person who holds a fishery business license falls under any of the following subparagraphs, the head of a Si/Gun/Gu may revoke the fishery business license, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That the license shall be revoked if that person falls under subparagraph 1:
1. When he/she is found to have obtained the fishery business license by false or other fraudulent means;
2. When he/she falls under subparagraph 1 of Article 10;
3. When he/she violates Article 30 (1) or (2) or 31 (1);
4. When he/she allows a third person to have de facto control over the management of the fishery business, in violation of Article 32;
5. When he/she leases the fishery right to a third person, in violation of Article 33;
6. When he/she falls under any subparagraph of Article 34 (1), in addition to the cases set forth in subparagraphs 1 through 5.
law view
 Article 36 (Notice of Revocation of Fishery Rights)   print
When the head of a Si/Gun/Gu revokes a fishery business license, it shall immediately notify the registered holder of the fishery right of such fact.
law view
 Article 37 (Management of Fishing Ground by Fishing Village Fraternity, etc.)   print
(1) A fishery right owned by each fishing village fraternity shall be exercised by its members in accordance with the fishing ground management covenant under Article 38: Provided, That where the fishery right involved is a communal fishing right, a person who is not a member of such fishing village fraternity may exercise the communal fishing right, if he/she satisfies all requirements set forth in the following subparagraphs:
1. The person whose domicile must be within the jurisdiction of the fishing village fraternity;
2. A resolution on the exercise of the communal fishing right is required to be adopted by a general meeting of the fishing village fraternity to that effect;
3. A report on the fishery business under Article 47 is required to be completed.
(2) Except as prescribed by Presidential Decree, a fishery right owned by each district fisheries cooperative shall be exercised by a member of each such district fisheries cooperative, whose domicile is within the business territory of a fishing village fraternity that covers an area adjoining the fishing ground concerned, as prescribed by the fishing ground management covenant under Article 38.
(3) The means of exercising fishery rights under paragraphs (1) and (2), the order of priority in the exercise thereof, adjustment of the size of facilities and business territory for each fishing village fraternity, each member of such fraternity, and each member of a cooperative, and other necessary matters for the management of fishing grounds shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 38 (Fishing Ground Management Covenant)   print
(1) Every fishing village fraternity and district fisheries cooperative shall, upon acquiring a fishery right under Article 9, adopt a covenant on the management of a fishing ground that shall stipulate the qualifications for those eligible for conducting fishery activities with a piscary or exercising a fishery right in the fishing ground, the means of conducting fishery activities with a piscary and exercising a fishery right, the timing and methods for fishery business, the charges for conducting fishery activities with a piscary and exercising a fishery right, and other necessary matters for the management of the fishing ground, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) If a fishing ground management covenant under paragraph (1) contravenes this Act, the Fishing Ground Management Act or the Fishery Resources Management Act, any order or disposition made pursuant to this Act, the Fishing Ground Management Act or the Fishery Resources Management Act, or any restriction or condition thereunder, the head of a Si/Gun/Gu may issue an order to take measures necessary for correcting such contravention by amending the fishing ground management covenant or otherwise.
law view
 Article 39 (Restriction, etc. on Exercise of Fishery Right)   print
As to a fishing ground for a fishing village fraternity or a district fisheries cooperative, the head of a Si/Gun/Gu may, notwithstanding Article 37 (1) or (2), restrict or ban the exercise of a fishing right by a member of that fraternity or cooperative, who falls under any of the criteria prescribed by Presidential Decree, in order to promote income equality among the members thereof.
law view
 Article 40 (Restriction, etc. on Fishery Activities by Piscary Holder)   print
(1) A fishery right holder for communal fishing business shall allow a piscary holder to conduct fishery activities within his/her fishing grounds, as prescribed by the fishing ground management covenant under Article 38.
(2) The fishery right holder and piscary holder as set forth in paragraph (1) may restrict fishery activities by a mutual agreement, if they deem it necessary for proliferation and protection of marine animals and plants as well as maintenance of fishery order.
(3) Any restriction, condition or suspension put or imposed on a license for communal fishing business in accordance with Article 12 or 34 (1) 1 through 7 shall also be deemed a restriction, condition or suspension placed on fishery activities of a piscary holder.
(4) The head of a Si/Gun/Gu may make a disposition of restriction on or suspension of a fishery business licensed, a disposition of revocation of a fishery business license, or a disposition of restriction on, suspension of or ban on fishery activities of a piscary holder, if the fishery right holder or piscary holder concerned violates an agreement under paragraph (2) or a ruling under Article 84 (2) or if the piscary holder concerned violates a restriction, a condition or an order of suspension under paragraph (3).
law view
 Article 40-2 (Application to License for Business of Cultivation in Open Sea)   print
In applying Articles 4 (1), (4) and (5), 10 through 12, 14, 15, 19, 20, 27, 30, 31, 34 through 36, 65, 68 and 85 to any business of cultivation in the open sea, the term "head of a Si/Gun/Gu" shall be construed as "Minister for Food, Agriculture, Forestry and Fisheries", and the term "Si/Gun/Gu fisheries mediation committee" as "Central Fisheries Mediation Committee".
[This Article Newly Inserted by Act No. 9948, Jan. 25, 2010]
CHAPTER III PERMIT-REQUIRED AND REPORTED FISHERY BUSINESS
law view
 Article 41 (Permitted Fishery Business)   print
(1) Any person who intends to run any fishery business that uses a powered fishing vessel with a gross tonnage of eight or more tons or a powered fishing vessel with a gross tonnage of less than eight tons as prescribed by Presidential Decree because of particular needs for protection of fishery resources and coordination of fisheries (hereinafter referred to as "inshore fishery business") shall obtain a permit for each fishing vessel or fishing gear from the Minister for Food, Agriculture, Forestry and Fisheries.
(2) Any person who intends to run any fishery business which uses a non-powered fishing vessel, a powered fishing vessel with a gross tonnage of less than eight tons, or a powered fishing vessel with a gross tonnage of more than eight tons but less than 10 tons as prescribed by Presidential Decree for safe operation of fishing vessels and coordination of fisheries, other than an inshore fishery business and the fishery business under paragraph (3)(hereinafter referred to as "coastal fishery business"), shall obtain a permit for each fishing vessel or fishing gear from the Mayor/Do Governor concerned.
(3) Any person who intends to run any fishery business falling under any of the following subparagraphs shall obtain a permit for each fishing vessel, fishing gear or facility from the head of a Si/Gun/Gu concerned: <Amended by Act No. 9948, Jan. 25, 2010>
1. Fishery business within a demarcated zone: Fishery business run by installing fishing gear or using a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than five tons within a demarcated area of waters: Provided, That a powered fishing vessel with a gross tonnage of less than eight tons may be permitted for any fishery business, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, which is subject to the establishment and control of the total quota of catches by the Mayor/Do Governor pursuant to Articles 36 and 38 of the Fishery Resources Management Act;
2. Business of cultivation in inland sea water: Fishery business run to cultivate marine animals and plants in a certain area of artificial inland sea waters;
3. Business of producing seeds and seedlings: Fishery business run to produce seeds and seedlings for fisheries by installing facilities in a demarcated area of sea or seashore or in a certain area of inland sea water artificially developed (including an interim growing of seeds and seedlings so produced for a certain period).
(4) The fishery business types that require a permit pursuant to paragraphs (1) through (3) shall be prescribed by Presidential Decree, while the matters specified in the following subparagraphs and other necessary procedures, etc. concerning the permit shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That the priority in granting the permit shall be determined by the administrative authority that has the power to grant such permit for the relevant fishery business, considering the situation of fisheries, etc.:
1. The tonnage of a fishing vessel by type of fishery business, the engine horsepower, the suspension of a fishery permit, the grounds for restriction on a permit, the designation of an unloading port, the partition of operating sea areas, and the replacement of permitted fishing vessels;
2. The quota of permits for coastal fishery business and fishery business within demarcated zones, the auxiliary vessels to be used for such fishery businesses, and the type of fishing gear to be used;
3. The kinds of products cultivated through the business of cultivation in inland sea water, the kinds of seeds and seedlings produced by the business of producing seeds and seedlings, and the standards of facilities for the business of cultivation in inland sea water and the business of producing seeds and seedlings.
(5) No administrative authority shall grant a permit for fishery business to a person whose fishery business permit was revoked on any ground under subparagraph 1, 3, 4 or 6 of Article 35 (excluding cases falling under any of Article 34 (1) 1 through 7), as well as a permit for the fishing vessel or fishing gear involved, unless and until one year has passed since the day on which the previous permit was revoked, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 42 (Temporary Fishery Business Permit)   print
(1) Where marine animals (excluding sedentary fishery resources in any area of waters to be designated as requiring the management of fishery resources pursuant to Article 48 of the Fishery Resources Management Act; hereafter in this Article the same shall apply) never or rarely seen in the past, appear in large numbers, but fishery activities therefor are not yet permitted, the Mayor/Do Governor concerned may conduct a detailed survey and appraisal of those fishery resources in accordance with Article 11 of the Fishery Resources Management Act to appropriately use and manage the marine animals, and accordingly permit a fishery business subject to temporary operation (hereinafter referred to as "temporary fishery business") with approval from the Minister for Food, Agriculture, Forestry and Fisheries, specifying the following matters:
1. Type of fishery business (limited to any type of fishery business provided for in this Act);
2. Kinds of marine animals allowed to be caught, and the total catch quota;
3. Bounds of the sea area;
4. Period (within three months in a year: Provided, That such period may be extended by up to two months) and time for operation, and the number of vessels operated;
5. Allotment and management of fishing quota for each vessel under Articles 36 through 40 of the Fishery Resources Management Act.
(2) The Mayor/Do Governor shall permit temporary fishery business on condition that it is run concurrently with fishery business using a fishing vessel permitted pursuant to Article 41.
(3) No Mayor/Do Governor shall permit temporary fishery business where it falls under any of the following subparagraphs:
1. Where a fishery dispute exists or it is necessary to maintain fishery order;
2. Where it is likely to pose difficulties to fishery activities, the main purpose of which is to catch the marine animals of the same species as those subject to temporary fishery;
3. Where the director of a research institute prescribed by Presidential Decree deems that it is likely to impede the proliferation and protection of fishery resources or otherwise to adversely affect marine ecosystem.
(4) Necessary matters concerning approval for temporary fishery business, fishery activities subject to permit, procedures for permit, etc. shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 43 (Imposition of Restrictions and Conditions on Fishery Business Permit)   print
(1) When granting a permit for fishery business under Articles 41 and 42, an administrative authority shall place restrictions or conditions on the permit, including those applicable to both of coastal fishery business and inshore fishery business, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and the areas of operations, fishing gear and methods, the size and marking of fishing gear, etc. according to the type of fishing business and the size of fishing vessels.
(2) Besides the restrictions or conditions set forth in paragraph (1), an administrative authority may place restrictions or conditions on a permit when deemed necessary for the protection of public interests, the coordination of fisheries or the proliferation and protection of fishery resources pursuant to Article 34 (1) 1 through 6.
law view
 Article 44 (Succession to Status of Fishery Business Permit Holder)   print
(1) Any person who inherits, purchases or leases any fishing vessel, fishing gear or facility (hereafter in this Article referred to as "fishing vessel, etc."), for which a permit for fishery business is granted in accordance with Articles 41 and 42, from the holder of such fishery business permit (including any legal entity surviving a merger or division if the fishery business permit holder is a legal entity) shall succeed to the status of the fishery business permit holder. In such cases, the previous fishery business permit holder shall lose his/her entitlement as such permit holder.
(2) Any person who succeeds to the entitlement of a fishery business permit holder pursuant to paragraph (1) shall report the fact of succession to the administrative authority that granted the relevant permit, within 30 days after such succession, in accordance with the procedure prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and if the person who succeeds to that entitlement fails to meet the fishing vessel standards and application qualifications for the fishery business permit prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, he/she shall meet those standards and qualifications within 90 days after such succession.
(3) Any person who has succeeded to the entitlement of a fishery business permit holder pursuant to paragraph (1) shall be deemed to have succeeded to any administrative disposition, obligation, conditions, etc. incidental to such permit: Provided, That this shall not apply where the person who has succeeded to the entitlement of the fishery business permit holder proves that he/she was unaware of such disposition or ground for such disposition.
law view
 Article 45 (Fisheries for Experiment, Research or Training)   print
(1) Any person who intends to operate experimental fisheries, distinct from those set forth in Article 8, 41, 42 or 47, in order to develop new fishing gear, techniques or grounds shall file an application for those experimental fisheries as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) The Minister for Food, Agriculture, Forestry and Fisheries or the Mayor/Do Governor may conduct experimental fisheries jointly with a fisher, an applicant under paragraph (1), an institution for experiment and research, etc., considering the current status of fishery resources, the situation of fisheries, etc., when necessary for developing new fishing gear, techniques or grounds, distinct from the fisheries under Article 8, 41, 42 or 47, or when an application under paragraph (1) is considered reasonable. In such cases, the Mayor/Do Governor shall prepare a plan for those experimental fisheries to obtain approval from the Minister for Food, Agriculture, Forestry and Fisheries.
(3) Notwithstanding paragraphs (1) and (2) of this Article and Articles 8, 41, 42 and 47, any institution for experiment and research, institution for guiding or disseminating fisheries techniques, or training or educational institution designated by the Minister for Food, Agriculture, Forestry and Fisheries, may conduct fisheries for research and training, if it intends to do so.
(4) Necessary matters concerning the fisheries for experiment, research and training under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 46 (Period of Validity of Fishery Business Permit, etc.)   print
Each fishery business permit given pursuant to Article 41 shall be effective for five years: Provided, That the period of validity may be shortened on grounds prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries such as the use of a leased fishing vessel.
law view
 Article 47 (Reported Fishery Business)   print
(1) A person who intends to engage in any such fishery business prescribed by Presidential Decree, other than those set forth in Article 8, 41, 42 or 45, shall report to the head of a Si/Gun/Gu each fishing vessel, fishing gear or facility, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) The period of validity of a report under paragraph (1) shall be five years from the day on which the report is accepted: Provided, That the period of validity may be shortened, if necessary for the execution of a project for pubic interests or as otherwise prescribed by Presidential Decree.
(3) The head of a Si/Gun/Gu shall, upon accepting a report on a fishery business under paragraph (1), issue a certificate of fishery business report to the reporting person.
(4) A person who has reported fishery business under paragraph (1) shall observe the following matters:
1. He/she shall operate the fishery business for at least 60 days in a year in an area of waters under the control of the head of a Si/Gun/Gu having jurisdiction over his/her domicile and operating place;
2. He/she shall not operate the fishery business in an area of waters where fisheries are restricted or banned by the provisions of other Acts and subordinate statutes, in violation of such restriction or ban;
3. He/she shall observe matters prescribed by Presidential Decree for settlement of disputes arising from fisheries, coordination of fisheries, or otherwise.
(5) If a person who has reported fishery business under paragraph (1) violates any of the matters to be observed in accordance with paragraph (4), the head of a Si/Gun/Gu may restrict or suspend the reported fishery business, or make a disposition to forcefully moor the fishing vessel.
(6) If a person who has reported fishery business falls under any of the following subparagraphs, his/her report on fishery business shall become invalid. In such cases, when the report becomes invalid on the ground of subparagraph 1 or 2, the person who has made the relevant report shall be banned from making another fishery business report under paragraph (1) during the period set by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, considering the type of the reported fishery business, the reason of invalidity, and other factors, within the limit of one year from the day on which the registration of the previous fishery business is deleted from the relevant public record pursuant to paragraph (7):
1. When he/she violates any of the matters for observance in accordance with paragraph (4) on three or more occasions;
2. When he/she violates a restriction on or an order of suspension of the reported fishery business or a disposition of mooring a fishing vessel pursuant to paragraph (5) on two or more occasions;
3. When any cause occurs that requires a closure report of the reported fishery business in accordance with Article 48 (3).
(7) When a fishery business report becomes invalid pursuant to paragraph (6), the head of a Si/Gun/Gu shall immediately delete the registration of the reported fishery business from public record, and shall notify the person who reported the fishery business of such.
law view
 Article 48 (Revision, Closedown, etc. of Permitted or Reported Fishery Business)   print
(1) Where any person who has a fishery business permit in accordance with Articles 41 and 42 intends to revise permitted matters, he/she shall either obtain a permit for such revision from the administrative authority that issued the permit or report such revision to the said administrative authority.
(2) Where any person who reported his/her fishery business in accordance with Article 47 intends to revise permitted matters, he/she shall report such revision to the administrative authority with which the report was filed.
(3) Where any person who has been permitted or reported business in accordance with Article 41, 42 or 47 closes down the fishery business or is no longer able to continue the fishery business, he/she shall report such situation to the competent administrative authority.
(4) The matters concerning and procedures for the revision permit, revision report and closure report in accordance with paragraphs (1) through (3), and other necessary matters, shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 49 (Provisions Applicable Mutatis Mutandis)   print
(1) As to the permitted fishery business under Articles 41 and 42, Articles 11 (1), 15, 18, 27 (1), (4) and (5) (limited to any fishery business run by installing fishing gear within a demarcated area of waters), 30 (1) through (4), 31 (1) and (3), 32 and 34, subparagraphs 1, 3, 4 and 6 of Article 35, and Article 58 (1) 2 shall apply mutatis mutandis. <Amended by Act No. 9948, Jan. 25, 2010>
(2) As to the experimental fisheries under Article 45, Article 27 shall apply mutatis mutandis.
(3) As to the reported fishery business under Article 47, Article 34 shall apply mutatis mutandis.
CHAPTER IV FOSTERING OF FISH FARMING
law view
 Article 50 (Basic Plans for Development of Fish Farming)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall establish a basic plan for the development of fish farming (hereinafter referred to as "basic plan") every five years to foster and develop such fish farming.
(2) A basic plan shall include the following matters:
1. Basic direction-setting for policies for fish farming;
2. Matters relating to the development of fishing grounds to cultivate marine organisms;
3. Matters relating to the development and dissemination of techniques necessary to cultivate marine organisms;
4. Matters relating to the improvement of fishing ground environments;
5. Other matters relating to the fostering and development of fish farming.
(3) The establishment of a basic plan shall be subject to deliberation by the Central Fisheries Mediation Committee under Article 88.
law view
 Article 51 (Implementation Plans for Development of Fishery Farming)   print
(1) The Mayor/Do Governor shall establish an implementation plan for the development of fish farming (hereinafter referred to as "implementation plan") according to the regional circumstances every year in line with a basic plan.
(2) An implementation plan shall include the following matters:
1. Matters relating to the enlargement of fishing grounds necessary to cultivate marine organisms and the promotion of productivity thereof;
2. Matters relating to the dissemination and guidance of techniques necessary to cultivate marine organisms;
3. Matters relating to the designation of fish farming development zones;
4. Matters relating to the purification and maintenance of fishing grounds necessary to cultivate marine organisms;
5. Other matters which the Mayor/Do Governor deems necessary to foster and develope fish farming.
(3) The establishment of an implementation plan shall be subject to deliberation by the competent City/Do fisheries mediation committee under Article 88.
law view
 Article 52 (Basic Survey for Establishment of Basic Plans or Implementation Plans)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries or the Mayor/Do Governor may conduct a basic survey necessary to establish a basic plan or an implementation plan.
(2) If necessary to conduct the basic survey under paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries or the Mayor/Do Governor may have public officials under his/her control make access to another's land, fishing ground, etc. to conduct such survey.
(3) Public officials making access to another's land, fishing ground, etc. under paragraph (2) shall carry their certificates of authority and present them to interested persons.
(4) Necessary matters regarding the details, methods, etc. of the basic survey under paragraph (1) shall be prescribed by Presidential Decree.
law view
 Article 53 (Fish Farming Development Zones)   print
(1) Administrative authorities may designate as fish farming development zones, the areas of sea or land recognized suitable for fostering fish farming.
(2) Administrative authorities may preferentially provide necessary funds for the business of fostering fish farming run within fish farming development zones designated pursuant to paragraph (1) to accelerate the development of such zones.
(3) Administrative authorities shall, when designating fish farming development zones pursuant to paragraph (1) or cancelling such designation, publish such fact.
(4) Necessary matters regarding the areas to be designated as fish farming development zones under paragraph (1), and the methods, procedures, etc. for such designation, shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 54 (Support for Development, etc. of Fish Farming Techniques)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries may provide support for those who perform the following work so as to develop and disseminate techniques related to fish farming:
1. Development and dissemination of techniques related to fish farming;
2. Introduction of new fish farming techniques from abroad;
3. Industrial use of techniques developed for fish farming;
4. Other work necessary to develop and disseminate techniques related to fish farming;
(2) Necessary matters regarding the techniques to be provided, the methods of and procedures for support, etc. for those who seek to perform the work under each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.
law view
 Article 55 (Determination of Quota of Permits, etc.)   print
(1) In determining the quota of fishery permits and the dead weight of vessels pursuant to Article 43 (4) or 53 (1) 5, the status of fishery resources, the number of persons currently operating the relevant fishery, other natural and social conditions, etc. shall be taken into consideration.
(2) In determining the quota and the dead weight under paragraph (1), the deliberation by the competent Fisheries Coordination Committee under Article 86 shall be required.
law view
 Article 56 (Fostering of Fish Farming)   print
The Government may grant tax reduction and exemption in accordance with the Restriction of Special Taxation Act, the Local Tax Act and other related Acts so as to foster fish farming.
CHAPTER V FISHERY CATCH TRANSPORTATION BUSINESS
law view
 Article 57 (Registration of Fishery Catch Transportation Business)   print
(1) Any person who intends to run a fishery catch transportation business shall register each fishing vessel that is to be used in such business with the head of a Si/Gun/Gu having jurisdiction over his/her domicile or the shipping port of each such fishing vessel: Provided, That it is not required to register such vessel, if it falls under any of the following subparagraphs:
1. If the holder of a fishery business license under Article 8 uses the vessel for transporting marine animals or plants he/she catches, gathers or cultivates;
2. If the vessel is a fishing vessel designated pursuant to Article 27 or for which a fishery business permit is granted under Articles 41 and 42, and if a person who has reported his/her fishery business in accordance with Article 47 uses it for transporting marine animals or plants he/she catches, gathers or cultivates.
(2) The qualification standards for fishery catch transportation business under paragraph (1) and the standards for registration of fishery catch transportation business shall be prescribed by Presidential Decree, while the standards for facilities of fishery catch transportation business and the kinds of catches or products thereof to be transported shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(3) As regards to a person whose registration of a fishery catch transportation business was revoked pursuant to Article 58 (1) and the fishing vessel concerned, the head of a Si/Gun/Gu shall not allow him/her to register another fishery catch transportation business, unless and until one year has passed from the day on which the previous registration was revoked, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 58 (Restriction on or Suspension or Revocation of Fishery Catch Transportation Business)   print
(1) If a person who registered his/her fishery catch transportation business falls under any of the following subparagraphs, the head of a Si/Gun/Gu may restrict his/her registered fishery catch transportation business, or issue an order to suspend his/her business for a prescribed period of six or less months, or revoke the registration:
1. If he/she is found to have captured or gathered any marine animal or plant or to have carried any marine animal or plant cultivated or any product thereof, in violation of any Act or subordinate statute of a foreign country or an agreement with a foreign country which governs fishery business, or of any of the following items:
(a) Article 8 (1), 12, 15 (1), 27 (1) and (4), 32 (1), 34 (1), 35, 41 (1) through (3), 43, 47 (1), (2) and (4), 61 or 66;
(b) Article 15 (1), 32 (1) or 34 (1), or subparagraphs 1, 3, 4 and 6 of Article 35, which applies mutatis mutandis pursuant to Article 49 (1);
2. If a punishment equivalent to or heavier than imprisonment without labor sentenced against a violator under the Customs Act becomes final and conclusive and the Commissioner of the Korea Customs Service requests suspension of his/her fishery business or revocation of the registration thereof;
3. If he/she violates Article 57, or Article 30 (1) through (4), 31 (1) and (3), 32 or 34 (1) 2, 3 and 7, subparagraph 1 of Article 35, or Article 48 (1), (3) and (4) that applies mutatis mutandis pursuant to Article 60;
4. If he/she violates any restriction or condition under Article 12 or 43, which applies mutatis mutandis pursuant to Article 60;
5. If he/she violates any measure or order prescribed by Presidential Decree pursuant to Article 70 (2) and 72 (1).
(2) The standards and procedures for the disposition under paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 59 (Registration, etc. of Marine Product Processing Business)   print
Matters concerning registration, report, etc. of the marine product processing business shall be prescribed separately by Act.
law view
 Article 60 (Provisions Applicable Mutatis Mutandis)   print
To fishery catch transportation business, Articles 11, 12, 30 (1) through (4), 31 (1) and (3), 32 and 34 (1) 2, 3 and 7, subparagraphs 1, 3 and 4 of Article 35, and Articles 41 (5), 42, 43, 47 (3) and 48 (1), (3) and (4) shall apply mutatis mutandis.
CHAPTER VI COORDINATION OF FISHERIES, ETC.
law view
 Article 61 (Order for Coordination of Fisheries, etc.)   print
(1) Administrative authorities may order the following measures if necessary for the control of fisheries, sanitary control, the maintenance of order in distribution and coordination in other matters related to fisheries:
1. Restriction or prohibition on disposition of catches of marine animals or plants cultivated and the products thereof;
2. Restriction or prohibition on the operating areas of inshore fishery business;
3. Restriction on the quota of permits for inshore fishery business, and other restriction or ban on inshore fishery business permit;
4. Number of, or qualifications for, fishers and fishery employees;
5. Restriction or ban necessary for enforcing agreements with foreign countries relating to fisheries, generally accepted international rules, and the Acts and subordinate statutes of foreign countries governing fisheries;
6. Restriction or ban on packaging and containers of marine products;
7. Designation of unloading and sale places for marine animals or plants captured, gathered or cultivated and the products thereof, or revocation of such designation.
(2) Necessary matters regarding the restriction, ban, etc. set forth in the subparagraphs of paragraph (1) shall be prescribed by Presidential Decree.
law view
 Article 62 (Adjustment of Operating Areas, etc.)   print
(1) If it is necessary to coordinate fisheries between local governments of Metropolitan City, Do and Special Self-Governing Province (hereinafter referred to as "City/Do"), the Minister for Food, Agriculture, Forestry and Fisheries may adjust operating areas so as to designate a common operating zone, as prescribed by Presidential Decree.
(2) If it is necessary for coordination in fisheries between municipalities of Si/Gun/autonomous Gu, the Mayor/Do Governor may adjust operating areas so as to designate a common operating zone, as prescribed by Presidential Decree.
(3) As to an agreement on adjustment of operating areas between and by fisheries cooperatives by region or business type, fishing village fraternities, fishers, etc., covering the establishment of a common operating zone, allowance of reciprocal operations, restrictions on operations, etc., and if it is deemed necessary particularly for coordination in fisheries, the Minister for Food, Agriculture, Forestry and Fisheries or the Mayor/Do Governor may, notwithstanding any restriction or condition on the areas of operations under this Act or the Fishery Resources Management Act, permit or restrict such operations by prescribing the areas and period of operations, the number of vessels operated, and other conditions.
law view
 Article 63 (Fisheries Supervising Official)   print
(1) A fisheries supervising official may have access to a fishing ground, fishing vessel, workplace, office, warehouse, or any other place to inspect accounting books, documents, and other goods, ask questions to people concerned, or order to stop or sail back a vessel, if deemed necessary for coordinating fisheries, securing safety in operations, preventing illegal fisheries, or establishing order in the distribution of marine products.
(2) The administrative agency concerned may assign a fisheries supervising official to enter someone''s land to conduct a survey or inspection, if necessary for coordinating fisheries, etc., and may authorize the official to move or remove any material that hinders such a survey or inspection, if it is unavoidable to do so.
(3) Each fisheries supervising official who performs his/her duties under paragraphs (1) and (2) shall present an identification certificate verifying his/her authority to the people concerned.
(4) Necessary matters concerning the order to stop or sail back a vessel and the qualifications and identification certificate of fisheries super vising officials under paragraphs (1) through (3) shall be prescribed by the Presidential Decree. <Amended by Act No. 8564, Jul. 27, 2007>
law view
 Article 64 (Equipment and Size, etc. of Fishing Vessels)   print
(1) No fishing vessels may be used for fishery business without being provided with such equipment prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) The size, age and engines of fishing vessels by type of fishery business, the number and size of auxiliary vessels and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 65 (Designation, etc. of Leisure Fishing Ground)   print
(1) In order to promote common interests of fishers, any fishing village fraternity, fisheries partnership or district fisheries cooperative may operate a leisure fishing ground (referring to a fishing ground for tourism including field learning and pleasure fishing; hereinafter the same shall apply) at a certain area of waters designated by the head of a Si/Gun/Gu to the extent that such operation shall not interfere with any fishery business prescribed by Presidential Decree among those licensed and permitted to the fishing village fraternity, fisheries partnership or district fisheries cooperative.
(2) The period of validity of a leisure fishing ground designated shall expire at the end of the period of validity of any fishery business licensed or permitted for the leisure fishing ground. In such cases, if there are two or more licensed or permitted fishery business for the area of waters designated as the leisure fishing ground, the period of validity of such leisure fishing ground shall expire at the end of the period of validity of any of those fishery business, whichever expires earlier.
(3) When a fishing village fraternity, fisheries partnership or district fisheries cooperative applies for designation of a leisure fishing ground in accordance with paragraph (1), it shall establish a policy for the methods of leisure fishing, the user fees, the rules that users shall comply with, and other matters concerning the management and operation of the leisure fishing ground, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and attach such a policy to the application.
(4) Necessary matters concerning the management and operation including the designation of leisure fishing grounds, the development of fishery resources in leisure fishing grounds, the kinds of marine animals and plants allowed to be caught and gathered, the methods of capturing and gathering, the regulations on management of leisure fishing grounds, the operation of patrol vessels, the standards for facilities in leisure fishing grounds, the access of users to leisure fishing grounds, the preventive safety measures for leisure fishing grounds, the prevention of environmental pollution, etc. shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. In such cases, any means other than those of fishery business set forth in Articles 8, 41, 42 and 47 may be adopted for catching and gathering of marine animals and plants in leisure fishing grounds.
(5) If it is found that a leisure fishing ground is managed and operated in breach of paragraph (4), the head of a Si/Gun/Gu may issue an order to correct, or revoke the relevant designation, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 66 (Prohibition of Fishery Business Other than Those Licensed, Permitted or Reported)   print
No one may catch, gather or cultivate marine animals or plants in any manner other than those of fishery business prescribed by this Act or the Fishery Resources Management Act.
law view
 Article 67 (Fishing Operations in Exclusive Economic Zone of Foreign Country)   print
(1) Any person who intends to conduct fishing operations in an exclusive economic zone of a foreign country which has made an agreement on fisheries with the Government of the Republic of Korea shall obtain a permit for those operations from the relevant administrative authority of the foreign country.
(2) Any person who conducts fishing operations in an exclusive economic zone of a foreign country which has made an agreement on fisheries with the Government of the Republic Korea shall comply with an order issued by the competent administrative authority of the foreign country, if the authority issues such order to stop or turn back a fishing vessel in order to prevent illegal operations.
law view
 Article 68 (Removal, etc. of Facilities)   print
(1) Upon expiration of the fishery right or fishery permit or at the end of the prescribed fishery season, the holder of a fishery right or fishery permit shall remove all facilities installed in the fishing ground or the area of waters and products cultivated therein within a time period prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That the Mayor/Do Governor or the head of a Si/Gun/Gu may exempt a person who is obligated to remove them, from that obligation upon his/her request, if it is concluded impossible or unnecessary to remove such facilities or products cultivated therein.
(2) It shall be deemed that exemption from an obligation under the proviso to paragraph (1) constitutes voluntary surrender of ownership of the facilities and products cultivated therein.
(3) If a person who is obligated to remove his/her facilities and products cultivated therein in accordance with paragraph (1), fails to remove them even after expiration of the period provided for such removal, the administrative authority concerned may remove such facilities and products cultivated therein in accordance with the Administrative Vicarious Execution Act.
(4) As to the facilities installed and the products cultivated therein without a license or permit for fishery business, paragraphs (1) through (3) shall apply mutatis mutandis.
law view
 Article 69 (Installation and Protection of Signs)   print
(1) The administrative authority concerned may order each fisher to install signs indicating fishing grounds, fishing vessels and fishing gear.
(2) No one may move, destroy, alter or conceal any sign installed in accordance with paragraph (1).
law view
 Article 70 (Supervision)   print
(1) If it is found that an order or disposition of the Mayor/Do Governor or the head of a Si/Gun/Gu contravenes this Act or an order issued pursuant to this Act, the Minister for Food, Agriculture, Forestry and Fisheries may order him/her to rectify such contravention within a given period, or may fully or partially suspend or revoke such action or take other necessary measures. In such cases, with respect to an order or disposition of the head of a Si/Gun/Gu, the said measures may also be taken by the Mayor/Do Governor (excluding the Special Self-Governing Province Governor).
(2) If deemed necessary particularly as a policy for fisheries, administrative authorities may take necessary measures with respect to fishers, fishery catch transporters, employees of fishery catch transporters or marine product processors, as prescribed by Presidential Decree.
law view
 Article 71 (Revocation of Marine Officer's License, etc.)   print
(1) If a fishery employee or an employee of a fishery catch transporter violates this Act or the Fishery Resources Management Act or an order issued pursuant to this Act or the Fishery Resources Management Act, the administrative authority concerned may demand that the head of the competent administrative agency revoke or suspend his/her marine officer's license or administer a rebuke against him/her.
(2) The head of the competent administrative agency shall, upon receiving a demand under paragraph (1), follow the demand.
law view
 Article 72 (Fisheries Supervising Official)   print
(1) A fisheries supervising official may have access to any fishing ground, fishing vessel, workplace, office, warehouse or other place to inspect accounting books, documents and other goods or to query the persons concerned, or give an order to stop or sail back a vessel, if deemed necessary for coordinating fisheries, securing safety in operations, preventing illegal fisheries or establishing order in the distribution of marine products.
(2) An administrative authority may direct a fisheries supervising official to enter someone's land to conduct a survey or inspection, if necessary for coordinating fisheries, etc., and may authorize the official to move or remove any material that hinders such survey or inspection, if it is crucial to do so.
(3) Each fisheries supervising official who performs his/her duties under paragraphs (1) and (2) shall carry his/her certificate of authority and present it to the persons concerned.
(4) Necessary matters concerning orders to stop or sail back vessels and the qualifications and certificates of fisheries supervising officials under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
law view
 Article 73 (Judicial Police Power)   print
Each fisheries supervising official shall perform his/her duties as a judicial police official against a violation of this Act or any order issued pursuant to this Act, as prescribed by the Act on the Persons Performing the Duties of Judicial Police Officials and the Scope of their Duties.
CHAPTER VII PROMOTION OF FISHERIES
law view
 Article 74 (Comprehensive Measures for Promotion of Fisheries)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall establish comprehensive measures for the promotion of fisheries every five years to actively cope with changes in international fisheries order and promote sustainable and competitive development of fisheries.
(2) The comprehensive measures for the promotion of fisheries under paragraph (1) shall include the following matters:
1. Basic direction-setting for fisheries policies;
2. Matters relating to the restructuring of fisheries;
3. Matters relating to the fostering and support of fisheries-related manpower and corporations;
4. Matters relating to the improvement of the distribution structure for marine products;
5. Matters relating to the improvement of fishing ground environments;
6. Matters relating to the export promotion of marine products;
7. Matters relating to the informatization of fisheries;
8. Matters relating to the development of fishing villages and the promotion of fishing village tourism;
9. Matters relating to the development and dissemination of fisheries techniques;
10. Matters relating to external fisheries cooperation and investments in fisheries;
11. Other matters relating to the fostering and development of fisheries.
(3) When the Minister for Food, Agriculture, Forestry and Fisheries intends to establish comprehensive measures for the promotion of fisheries, it shall consult with the heads of the central administrative agencies concerned after hearing opinions from the Mayors/Do Governors, the heads of fisheries-related organizations, and related experts.
law view
 Article 75 (Acceleration of Fishery Business Restructuring)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall establish measures to restructure and support fishery business, as described in the following subparagraphs, in order to develop and protect coastal and inshore marine resources and strengthen the competitiveness of fisheries:
1. Matters relating to the adjustment of the number of fishing vessels to protect marine resources and strengthen the competitiveness of fishery business;
2. Matters relating to the development and spread of standard vessels by types of fishery business;
3. Matters relating to the improvement of facilities and equipment for fishing vessels;
4. Matters relating to the improvement of fishery business management including the appropriateness of the management scale of, and the strengthening of cooperation between, fishery business;
5. Matters relating to the maintenance and reinforcement of fisheries infrastructure including fishing ports;
6. Matters relating to the maintenance and development of fishing grounds including village fishing grounds;
7. Other matters prescribed by Presidential Decree.
(2) With respect to any fishery business requiring structural improvement due to any change in the conditions of fishery business, such as the state of fishery resources, the Minister for Food, Agriculture, Forestry and Fisheries may designate such fishery business as a fishery business requiring the acceleration of structural improvement and take necessary measures for the support thereof, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(3) The Minister for Food, Agriculture, Forestry and Fisheries shall make investigations into the conditions of fishery business and resources, etc. every five years to efficiently conduct the structural improvement of fishery business under paragraphs (1) and (2).
(4) The Minister for Food, Agriculture, Forestry and Fisheries may reflect the results of investigations under paragraph (3) in devising policies for the structural improvement of fishery business.
CHAPTER VIII FISHERIES DEVELOPMENT FUND
law view
 Article 76 (Establishment of Fund)   print
The Government shall establish a Fisheries Development Fund (hereinafter referred to as the "Fund") to secure financial resources necessary for the provision of management funds for fishery business, the improvement of the distribution structure for marine products, the price stabilization of marine products, and the fostering of competitive fisheries.
law view
 Article 77 (Resources of Fund)   print
(1) The resources of the Fund shall consist of the following: <Amended by Act No. 10272, Apr. 15, 2010>
1. Contributions made by the Government;
2. Money transferred or deposited from other accounts or funds;
3. Contributions or donations made by persons other than the Government;
4. Money deposited from any public capital management fund under the Public Capital Management Fund Act;
5. Proceeds from the sale of fishing vessels and fishing gear under Article 27 (1) 1 of the Special Act on Assistance to Fisherman, etc. and Development of Fisheries following the Conclusion of Fisheries Agreement: Provided, That when such fishing vessels and fishing gear are purchased by the Mayor/Do Governor, the amount shall be prescribed by Presidential Decree within the limits of 70/100;
6. Proceeds from the sale of national fishing port sites sold as set forth in Article 27 (1) of the Fishing Villages and Fishery Harbors Act;
7. Marine environmental improvement charges and additional dues under Articles 19 and 20 of the Marine Environment Management Act;
8. Occupation and use fees for gathering earth, stone, sand and gravel in the exclusive economic zone under Article 2 of the Exclusive Economic Zone Act or for the extraction of minerals under the Mining Industry Act, among those collected under the control of the Minister of Land, Transport and Maritime Affairs under Article 13 (2) of the Public Waters Management and Reclamation Act;
9. Marine ecosystem conservation levy and additional charges under Articles 49 and 51 of the Conservation and Management of Marine Ecosystems Act;
10. Contributions for public sale or margins from importation, imposed and collected by the Minister for Food, Agriculture, Forestry and Fisheries under Article 19 (1) of the Special Act on Assistance to Farmers, Fishermen, etc. Following the Conclusion of Free Trade Agreements;
11. Charges for using deep sea water under Article 40 of the Development and Management of Deep Sea Water Act;
12. Borrowings or loans referred to in paragraph (2);
13. Profits, etc. accrued from the operation of the Fund.
(2) The Government may borrow money from domestic sources or introduce loans to lend them to the Fund.
law view
 Article 78 (Operation and Management of Fund)   print
(1) The Fund shall be operated and managed by the Minister for Food, Agriculture, Forestry and Fisheries.
(2) The Minister for Food, Agriculture, Forestry and Fisheries may fully or partially entrust the affairs of operation and management of the Fund to the National Federation of Fisheries Cooperatives established pursuant to the Fisheries Cooperatives Act, as prescribed by Presidential Decree.
(3) The accounting of the Fund shall be performed according to the principles of corporate accounting.
(4) The Minister for Food, Agriculture, Forestry and Fisheries may establish and manage a separate account, as prescribed by Presidential Decree, if necessary to efficiently operate and manage the Fund.
(5) Necessary matters regarding the operation, management, etc. of the Fund shall be prescribed by Presidential Decree.
law view
 Article 79 (Use of Fund)   print
(1) The Fund may extend loans, etc. if necessary to support the following activities:
1. Accelerating the restructuring of fishery business;
2. Fostering fish farming;
3. Extending loans to fishery business management funds;
4. Improving the distribution structure for marine products, such as producers' consignment sale business;
5. Stabilizing the prices of marine products through the control, etc. of their production and shipment under Articles 4 through 9, 9-2 and 10 through 14 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products;
6. Keeping in custody and managing marine products;
7. Improving the marine environment to protect marine resources;
8. Providing support for the quality control of deep sea water, the development of the deep sea water industry, and the research and development of deep sea water and other marine resources;
9. Developing new fishing grounds;
10. Fostering the marine product processing industry;
11. Providing support for fishers, etc. pursuant to Articles 4 through 9 of the Special Act on Assistance to Farmers, Fishermen, etc. Following the Conclusion of Free Trade Agreements;
12. Carrying out business activities necessary to conserve and manage marine ecosystems under the Conservation and Management of Marine Ecosystems Act;
13. Covering expenses in levying and collecting the contribution for public sale or the margin from importation under Article 77 (1) 10;
14. Carrying out business activities necessary to promote the welfare of the crew members of fishing vessels and develop fisheries, as determined by the Minister for Food, Agriculture, Forestry and Fisheries.
(2) The Fund may be used to cover the expense incurred in installing, acquiring and operating such facilities as may be necessary to perform the affairs relating to the distribution and price stabilization of marine products, including a producers' consignment sale business, as well as to serve such purposes prescribed by Presidential Decree.
(3) Subsidies may be paid from the Fund if necessary to perform the business activities described in each subparagraph of paragraph (1), and the application procedures and payment methods and other necessary matters shall be prescribed by Presidential Decree.
(4) With respect to the provision of support referred to in paragraph (1) 11, Articles 4 through 9, 16 and 17 of the Special Act on Assistance to Farmers, Fishermen, etc. Following the Conclusion of Free Trade Agreements shall apply mutatis mutandis.
law view
 Article 80 (Accounting Agency of Fund)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall appoint a Fund revenue collection officer, a Fund financial officer, a Fund disbursement officer and a Fund accounting official from among public officials under his/her control to take charge of the affairs of revenue and expenditure of the Fund.
(2) The Minister for Food, Agriculture, Forestry and Fisheries shall, upon fully or partially entrusting the affairs of operation and management of the Fund pursuant to Article 78 (2), appoint a director taking charge of the Fund revenue and a director taking charge of the acts incurring expenditure of the Fund from among the directors of the National Federation of Fisheries Cooperatives so entrusted, and a Fund disbursing employee and a Fund accounting employee from among the employees thereof, respectively.
(3) The Minister for Food, Agriculture, Forestry and Fisheries shall, upon appointment of a Fund revenue collection officer, a Fund financial officer, a Fund disbursing officer, a Fund accounting official, a director taking charge of the Fund revenue, a director taking charge of the causative acts of the Fund expenditure, a Fund disbursing employee and a Fund accounting employee pursuant to paragraphs (1) and (2), notify the Board of Audit and Inspection, the Minister of Strategy and Finance and the Governor of the Bank of Korea of such appointment.
CHAPTER IX COMPENSATION, SUBSIDY AND RULING
law view
 Article 81 (Compensation)   print
(1) Any person who has sustained a loss caused by a disposition falling under any of the following subparagraphs may claim compensation for such loss against the administrative authority concerned that made such disposition:
1. Where a disposition of restriction, etc. is made against fishery business already licensed, permitted or reported under this Act on any of the grounds set forth in Article 34 (1) 1 through 6 and subparagraph 6 of Article 35 (referring to cases that fall under Article 34 (1) 1 through 6), or where the extension of the period of validity of a fishery business license under Article 14 is not permitted on any of such grounds: Provided, That this shall exclude cases where the restriction is imposed upon fishery business permitted or reported on any of the grounds set forth in Article 34 (1) 1 through 3 (referring to cases to which the said provisions apply mutatis mutandis under Article 49 (1) and (3));
2. Where an order is issued to move or remove any material that hinders the survey or inspection under Article 72 (2).
(2) If there is any person who benefits from a disposition (hereinafter referred to as "beneficiary"), which has given rise to any compensation under paragraph (1), the administrative authority concerned that has made such a disposition may require the beneficiary to fully or partially bear the burden of such compensation to the extent of his/her benefits. In such cases, if the beneficiary fails to pay the amount determined to be borne by him/her, the amount shall be collected in the same manner as delinquent national taxes are collected.
(3) No beneficiary shall commence any act or work which causes a loss to a person entitled to claim the compensation under paragraph (1), unless and until such compensation is paid in advance: Provided, That the same shall not apply where the beneficiary has obtained the consent of the person entitled to claim the compensation.
(4) The standards for compensation under paragraph (1), the payment method and other matters necessary for such compensation shall be prescribed by Presidential Decree.
law view
 Article 82 (Compensation for Damage Caused by Water Contamination)   print
(1) If a licensed fishery business sustains damage due to water contamination caused by any of the following subparagraphs, the operator of the facilities that caused such contamination shall make proper compensation for such damage sustained by the victim in compliance with the provisions of relevant Acts and subordinate statutes:
1. Construction works or operations of industrial facilities or any other place of business;
2. Vessels or marine facilities (referring to marine facilities under subparagraph 17 of Article 2 of the Marine Environment Management Act);
3. Development, etc. of submarine mining areas.
(2) If the operator of the facilities that have caused contamination as set forth in paragraph (1), transfers his/her business after the damage has occurred, the operator of the facilities at the time of occurrence of such damage and the transferee of the facilities shall be jointly and severally liable for such damage.
law view
 Article 83 (Deposit of Compensatory Damages in Court)   print
(1) Compensatory damages under Article 81 shall be deposited into a court in any of the following cases:
1. Where the person entitled to the compensatory damages rejects or avoids the compensatory damages;
2. Where the domicile or abode of the person entitled to the compensatory damages is not ascertained;
3. Where there is a right holder who has registered any entitlement to the fishery right, land or an article, which is a subject matter for which the compensatory damages shall be paid: Provided, That depositing into court is not required if such right holder so consents.
(2) A right holder who has registered his/her right or a party to a lawsuit may exercise his/her right to the money deposited in court in accordance with paragraph (1) 3.
law view
 Article 84 (Ruling on Fishery Activities by Piscary Holder)   print
(1) If there occurs any dispute over fishery activities by a piscary holder under Article 40 (1), or if the parties fail, or are unable to, reach an agreement under Article 40 (2), the fishery right holder or the piscary holder may file an application for a ruling on the matter with the Mayor/Do Governor or the head of a Si/Gun/Gu.
(2) Upon receiving a request for a ruling under paragraph (1), the Mayor/Do Governor or the head of a Si/Gun/Gu shall make a ruling subject to deliberation by the competent City/Do or Si/Gun/Gu fisheries mediation committee under Article 88.
law view
 Article 85 (Ruling on Bounds of Fishery Zone, etc.)   print
(1) If any dispute arises in connection with the bounds of a fishery zone, the scope of a fishery right, a reserve or a fishery method, any interested party may file a request for ruling with the Mayor/Do Governor or the head of a Si/Gun/Gu.
(2) The Mayor/Do Governor or the head of a Si/Gun/Gu, who makes a ruling pursuant to paragraph (1), shall bring the case before the competent City/Do or Si/Gun/Gu fisheries mediation committee under Article 88 for deliberation.
law view
 Article 86 (Subsidies, etc.)   print
(1) Administrative authorities may grant subsidies or loans, if deemed necessary for encouraging and promoting fisheries and fish farming.
(2) Business subject to the grant of subsidies under paragraph (1) shall be prescribed by Presidential Decree, and necessary matters concerning the standards, procedures, etc. for the grant of loans under the same paragraph by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 87 (Functions of Fisheries Coordination Committee)   print
(1) The Central Fisheries Coordination Committee shall have the following functions:
1. Responding to requests for advice on matters which the Minister of Maritime Affairs and Fisheries refers to the Committee;
2. Recommendation on matters necessary for development of fisheries and maintenance of order in fisheries;
3. Conciliation of disputes by fishery business;
4. Conciliation of disputes arising in fishery business between local governments of City/Do; and
5. Deliberation on other matters as prescribed by this Act or the Fishing Ground Management Act.
(2) Each City/Do Fisheries Coordination Committee shall have the following functions:
1. Responding to requests for advice on matters which the Mayor/Do Governor refers to the Committee;
2. Recommendation on matters necessary for the development of fisheries and the maintenance of order in fishery business;
3. Deliberation on and conciliation of compensation for damages in fishery business and disputes arising in fishery business;
4. Conciliation of disputes arising between municipalities of Si/Gun/autonomous Gu;
5. Deliberation on the priority in granting fishery permits pursuant to the proviso of Article 43 (4); and
6. Deliberation on other matters as prescribed by this Act or the Fishing Ground Management Act.
(3) Each Si/Gun/Gu Fisheries Coordination Committee shall have the following functions:
1. Deliberation on eligibility for licensed fisheries under Article 8 and the matters relating to the priority in such permission;
2. Deliberation on the development plan;
3. Deliberation on the matters concerning management of a fishing ground, such as the fishing ground management covenant for community fisheries;
4. Deliberation on matters concerning control over a fishing ground on the waters subject to large-scale development;
5. Deliberation on the matters concerning the priority in granting fishery permits pursuant to the proviso of Article 43 (4);
6. Recommendation on matters necessary for development of fisheries and maintenance of order in fisheries;
7. Conciliation of compensation for damages in fishery business and disputes arising in fishery business;
8. Recommendation for various regulations on fishery business for conservation and control of resources;
9. Advice on matters which the head of Si/Gun/Gu refers to the Committee; and
10. Deliberation on other matters as prescribed by this Act or the Fishing Ground Management Act.
(4) If it is deemed necessary for coordination in fisheries, the Minister of Maritime Affairs and Fisheries or the Mayor/Do Governor may convene a meeting of the Joint Fisheries Coordination Committee. In this case, necessary matters concerning the organization, management, etc. of the Joint Fisheries Coordination Committee shall be prescribed by the Presidential Decree.
(5) The Fisheries Coordination Committee under Article 86 may, if necessary for its activities, demand people concerned to attend a meeting of the Committee or to submit data, or request the administrative authority concerned to assign a public official concerned to ask questions or conduct an investigation. In this case, the administrative authority concerned shall, upon receiving such request, follow such a demand, unless there are any extraordinary circumstances otherwise.
CHAPTER X FISHERIES MEDIATION COMMITTEE
law view
 Article 88 (Establishment of Fisheries Mediation Committee)   print
In order to deliberate on the matters concerning mediation, compensation or ruling for fisheries, fish farming, etc., the Central Fisheries Mediation Committee shall be established in the Ministry for Food, Agriculture, Forestry and Fisheries, and the City/Do or Si/Gun/Gu fisheries mediation committee within the City/Do or Si/Gun/autonomous Gu.
law view
 Article 89 (Functions of Fisheries Mediation Committee)   print
(1) The Central Fisheries Mediation Committee shall serve the following functions: <Amended by Act No. 9948, Jan. 25, 2010>
1. Mediation of disputes arising from fishery business;
2. Mediation of disputes arising from fishery business between local governments of City/Do;
3. Deliberation on basic plans;
4. Deliberation on the order of priority in granting applicants licenses for the business of cultivation in the open sea;
5. Deliberation on and mediation of loss compensation or disputes in relation to the business of cultivation in the open sea;
6. Recommendation on matters necessary for development of fisheries and maintenance of order in fisheries;
7. Responding to requests for advice on matters which the Minister for Food, Agriculture, Forestry and Fisheries refers to the Committee;
8. Deliberation on other matters prescribed by this Act or the Fishing Ground Management Act.
(2) Each City/Do fisheries mediation committee shall serve the following functions: Provided, That for the Special Self-Governing Province, the City/Do fisheries mediation committee shall serve concurrently as Si/Gun/Gu fisheries mediation committee:
1. Deliberation on and mediation of compensation for losses in fishery business and disputes arising from fishery business;
2. Mediation of fishery disputes arising between municipalities of Si/Gun/autonomous Gu;
3. Deliberation on the order of priority in granting fishery business permits pursuant to the proviso to Article 41 (4) with the exception of the subparagraphs thereof;
4. Deliberation on matters regarding temporary fishery business permits;
5. Deliberation on implementation plans;
6. Recommendations on matters necessary for the development of fisheries and the maintenance of order in fisheries;
7. Responding to requests for advice on matters which the Mayor/Do Governor refers to the committee;
8. Deliberation on other matters prescribed by this Act or the Fishing Ground Management Act.
(3) Each Si/Gun/Gu fisheries mediation committee shall serve the following functions:
1. Mediation of compensation for losses in fishery business and disputes arising from fishery business;
2. Deliberation on development plans;
3. Deliberation on the matters relating to eligibility for licensed fishery business under Article 8 and the order of priority in granting the license;
4. Deliberation on matters concerning management of fishing grounds, such as the fishing ground management covenant for communal fishing business;
5. Deliberation on matters concerning the order of priority in granting fishery business permits pursuant to the proviso to the head sentence of Article 41 (4);
6. Recommendation on matters necessary for the development of fisheries and the maintenance of order in fisheries;
7. Recommendation for various regulations on fishery business for conservation and control of resources;
8. Responding to requests for advice on matters which the head of a Si/Gun/Gu refers to the committee;
9. Deliberation on other matters prescribed by this Act or the Fishing Ground Management Act.
(4) If it is deemed necessary for coordination in fisheries, the Minister for Food, Agriculture, Forestry and Fisheries or the Mayor/Do Governor may convene a meeting of the joint fisheries mediation committee. In such cases, necessary matters concerning the organization, operation, etc. of the joint fisheries mediation committee shall be prescribed by Presidential Decree.
(5) A fisheries mediation committee under Article 88 may, if necessary for its activities, demand that the persons concerned attend a meeting of the committee or submit materials, or request the administrative authority concerned to assign a public official concerned to ask questions or conduct an investigation. In such cases, the administrative authority concerned shall, upon receipt of such request, follow the request, unless any extenuating circumstance exists.
law view
 Article 90 (Organization and Operation of Fisheries Mediation Committee)   print
(1) A fisheries mediation committee under Article 88 shall be comprised of fishers' representatives and those who have profound knowledge and experience in fisheries.
(2) The Central Fisheries Mediation Committee shall be comprised of not more than 19 members, including one chairperson and one vice chairperson.
(3) The office of the chairperson of the Central Fisheries Mediation Committee shall be assumed by the Vice Minister for Food, Agriculture, Forestry and Fisheries, and the office of the vice chairperson thereof by a person appointed by the Minister for Food, Agriculture, Forestry and Fisheries from among public officials in general service belonging to the Senior Civil Service of the Ministry for Food, Agriculture, Forestry and Fisheries.
(4) The appointment and the terms of office of members of the Central Fisheries Mediation Committee and other necessary matters shall be prescribed by Presidential Decree.
(5) The organization and operation of the City/Do and Si/Gun/Gu fisheries mediation committees and other necessary matters shall be prescribed by Presidential Decree.
CHAPTER XI SUPPLEMENTARY PROVISIONS
law view
 Article 91 (Disposition of Penalty Surcharge)   print
(1) When an administrative authority considers whether to make a disposition of restriction on or suspension of a licensed fishery business, etc. on any of the grounds set forth in Article 34 (1) 8 and 9 (including cases where it applies mutatis mutandis pursuant to Article 49) and Article 58 (1) 3 through 5, it may impose a penalty surcharge not exceeding 20 million won in lieu of such disposition of restriction or suspension.
(2) The amount of a penalty surcharge to be imposed pursuant to paragraph (1) depending upon the nature, degree, etc. of the offense, and other necessary matters, shall be prescribed by Presidential Decree.
(3) An administrative authority shall collect a penalty surcharge under paragraph (1) in the same manner as delinquent national taxes are collected.
(4) The penalty surcharges collected pursuant to paragraphs (1) and (3) shall be spent (including disbursing them as subsidies or loans) by the competent collecting agency, but may not be appropriated for any purpose of use other than activities for fishery business guidance.
(5) The procedures for spending penalty surcharges collected pursuant to paragraphs (1) and (3), the purposes of such spending and other necessary matters shall be prescribed by Presidential Decree.
(6) An administrative authority shall establish and implement a management plan for the amount collected as penalty surcharges.
law view
 Article 92 (Rewards)   print
The Minister for Food, Agriculture, Forestry and Fisheries may reward a person for rendering to the relevant agency information about a violater of this Act or an order issued pursuant to this Act or contributing to arresting such a violater, or for contributing to the protection of fishery resources and the establishment of order in fisheries in any other way, as prescribed by Presidential Decree.
law view
 Article 93 (Delegation and Entrustment of Authority)   print
(1) Part of the authority given under this Act may be delegated by the Minister for Food, Agriculture, Forestry and Fisheries to the heads of his/her subordinate agencies or the Mayor/Do Governor, and by the Mayor/Do Governor to the heads of a Si/Gun/Gu respectively, as prescribed by Presidential Decree.
(2) The Minister for Food, Agriculture, Forestry and Fisheries may entrust part of his/her authority under this Act to the President of the National Federation of Fisheries Cooperatives or the director of the fisheries resource center under Article 55-2 of the Fishery Resources Management Act, as prescribed by Presidential Decree. <Amended by Act No. 10292, May 17, 2010>
law view
 Article 94 (Fees)   print
Any person who files an application for any license, permission, approval, registration or revised registration, or submits a report, under this Act shall pay a certain fee, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries (limited to applications filed with the Minister for Food, Agriculture, Forestry and Fisheries) or by Municipal Ordinance of the City/Do or Si/Gun/autonomous Gu (limited to applications filed with the Mayor/Do Governor or the head of a Si/Gun/Gu).
law view
 Article 95 (Hearings)   print
An administrative authority shall hold a hearing, before making a disposition that falls under any of the following subparagraphs:
1. Revocation of a fishery right under Article 31 (2);
2. Revocation of a licensed fishery business under Article 35 (including cases to which the said Article applies mutatis mutandis pursuant to Article 49);
3. Revocation of a license, or ban on fishing activities of a piscary holder, pursuant to Article 40 (4);
4. Revocation of the registration pursuant to Article 58;
5. Revocation of the designation pursuant to Article 65 (5).
law view
 Article 96 (Building of Database on Fisheries)   print
(1) In order to secure data necessary to shape reasonable policies for fisheries, the Minister for Food, Agriculture, Forestry and Fisheries shall investigate the status of operations of coastal and inshore fishery business and the records of fishery catches thereof by type of business and the areas of waters, the situation of distribution of fisheries resources, etc. to build, maintain and manage a database on fisheries.
(2) Any person permitted to run a coastal fishery business, inshore fishery business or temporary fishery business under Articles 41 and 42 shall report to the Minister for Food, Agriculture, Forestry and Fisheries the data necessary to build a database on fisheries under paragraph (1), as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
CHAPTER XII PENAL PROVISIONS
law view
 Article 97 (Penal Provisions)   print
(1) Any person, who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won:
1. A person who runs a fishery business without a fishery right under this Act;
2. A person engaged in fisheries without a permit or registration under Article 41 (1) through (3), 42 or 57 (1);
3. A person who violates a disposition of restriction on or suspension of fishery business or mooring of a fishing vessel pursuant to Article 34 (1) 2 or 3 (including cases where the said Article applies mutatis mutandis pursuant to Article 49 (1));
4. A person who catches, gathers or cultivates any marine animals or plants, in violation of Article 66.
(2) In cases under paragraph (1), both imprisonment and a fine may be imposed concurrently.
law view
 Article 98 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won:
1. A person who obtains a license or permit or makes a registration under Articles 8 (1), 15 (1), 41 (1) through (3), 42 or 57 (1) by any false or other fraudulent means;
2. A person who transfers, divides, alters, or offers as security a fishery right, or a person who has a fishery right so transferred, divided or offered as security, in violation of Article 19 (1) or (3) or 21;
3. A person who uses a vessel not designated as a patrol vessel, in violation of Article 27 (1) (including cases to which the said Article applies mutatis mutandis pursuant to Article 49 (2)),
4. A person who uses a patrol vessel for the purposes of catching, gathering or cultivating any marine animals or plants in any area of waters, which is not the area of fishing ground designated or approved, in violation of Article 27 (4) (including cases to which the said Article applies mutatis mutandis pursuant to Article 49 (2));
5. A person who has de facto control over the management of a fishery business, or a holder of a fishery right or fishery business permit who allows a third person to have de facto control over the management of such a fishery business, in violation of Article 32 (1) (including cases to which the said Article applies mutatis mutandis pursuant to Article 49 (1) or 60);
6. A person who lends a fishery right to or from a third person, in violation of Article 33;
7. A person who transports any marine animals or plants or the products thereof under Article 58 (1) 1;
8. A person who violates an order issued in relation to fisheries coordination, etc. under Article 61.
law view
 Article 99 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won: <Amended by Act No. 9948, Jan. 25, 2010>
1. A person who causes damage to facilities or interferes with the exercise of a fishery right within any reserve, in violation of Article 29 (2);
2. A person who violates a disposition of restriction or suspension or a disposition of mooring of a fishing vessel taken pursuant to Article 34 (1) 1, 4, 6, 8 or 9 (including cases to which the said Article applies mutatis mutandis pursuant to Article 49) or 58 (1) 2;
3. A person who runs away back home disobeying an order to stop or turn back his/her vessel while catching or gathering any marine animals or plants, without a fishery business permit referred to in Article 67 (1) and (2), in an exclusive economic zone of a foreign country specified by Presidential Decree;
4. A person who fails to put a sign on a fishing vessel, in violation of Article 69;
5. A person who does not cooperate in an inspection of accounting books, documents or other goods, or does not obey an order to stop or sail back a fishing vessel, in violation of Article 72 (1).
law view
 Article 100 (Confiscation)   print
(1) In any case set forth in Article 97 or 98 or subparagraph 2 and 4 of Article 99, the fishery catches, products, fishing vessel, fishing gear, explosive or toxic substance possessed or carried by an offender may be confiscated: Provided, That such fishery catches, fishing vessel or fishing gear shall be confiscated with no exception, if the person has been punished twice or more during the latest five years because of his/her violations set forth in Article 97 (1) 3. <Amended by Act No. 9948, Jan. 25, 2010>
(2) If it is impossible to confiscate all or part of things possessed or carried by an offender pursuant to paragraph (1), the value equivalent thereto may be collected.
law view
 Article 101 (Joint Penal Provisions)   print
If a representative of a juristic person, or an agent, employee or other servant of a juristic person or individual commits an offense under Articles 97 through 99 in connection with the business of the juristic person or individual, not only shall such violator be punished, but also the juristic person or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where the juristic person or individual has not been negligent in giving due attention and supervision concerning the relevant business in order to prevent such violation.
law view
 Article 102 (Fines for Negligence)   print
(1) Any person who falls under any of the following subparagraphs shall be subject to a fine for negligence not exceeding five million won:
1. A person who fails to report any change in accordance with Article 20;
2. A person who suspends his/her business or runs a fishery business, without making a report required under Article 30 (1) through (3) (including cases where the said Article applies mutatis mutandis pursuant to Article 49 (1) or 60);
3. A person who fails to commence his/her fishery business within one year after having acquired a fishery right or permit, or keeps the fishing ground concerned idle continuously even one year after commencement of his/her fishery business, in violation of Article 31 (1) (including cases where it applies mutatis mutandis pursuant to Article 49 (1)) or (2);
4. A fishery right holder who violates an action necessary for the management of fishing grounds pursuant to Article 37 (3);
5. A fishery right holder who allows a third person to exercise the fishery right, or a person who actually exercise such fishery right, in breach of the fishing ground management covenant under Article 38 (1);
6. A person who violates a measure for correction such as an amendment to the fishing ground management covenant under Article 38 (2);
7. A person who violates a restriction or ban imposed on the exercise of a fishery right pursuant to Article 39, or a fishery right holder who aids a third person to commit such violation;
8. A person who fails to allow a piscary holder to conduct fishery activities, or a person who violates a disposition of restriction on, suspension of, or ban on fishery activities by a piscary holder, in violation of Article 40 (1) or (4);
9. A person who fails to report succession within 30 days after such succession in accordance with Article 44 (2), or a person who fails to meet the fishing vessel standards and application qualifications for the fishery business permit within 90 days after such succession;
10. A person who runs a reported fishery business without making a report set forth in Article 47 (1);
11. An operator of a reported fishery business who fails to fulfill the matters to be observed in accordance with Article 47 (4);
12. A person who fails to obtain a permit or submit a report concerning a change, or fails to submit a report on business closure in accordance with Article 48: Provided, That the matters for which revised registration is required in accordance with Article 17 of the Fishing Vessels Act shall be excluded;
13. A person who runs a leisure fishing ground without due designation pursuant to Article 65 (1);
14. A person who fails to remove facilities installed or products cultivated within a deadline prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, in violation of Article 68 (1) (including cases where it applies mutatis mutandis pursuant to paragraph (4) of the same Article);
15. A person who fails to install a sign on a fishing ground or fishing gear, or moves, destroys, alters or conceals a sign installed on a fishing ground, fishing vessel or fishing gear, in violation of Article 69;
16. A person who violates Article 72 (1) by avoiding questioning by a fishery supervising official or making a false statement;
17. A person who violates Article 72 (2) by refusing or interfering with a survey or inspection or the moving or removal of an obstacle;
18. A person who violates Article 89 (5) by refusing, interfering with or evading any questioning or investigation, submitting false data, or making a false statement;
19. A person who violates Article 96 (2) by failing to report or making a false report.
(2) Fines for negligence under paragraph (1) shall be imposed and collected by an administrative authority concerned as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Succession to Administrative Disposition)
Succession to administrative disposition under Article 44 (3) shall apply with respect to any administrative disposition taken on or after this Act enters into force.
Article 3 (General Transitional Measures)
Any disposition, procedure or other act taken or done pursuant to the former Fisheries Act, Fish Farming Development Act, or Special Act on Assistance to Fisherman, etc. and Development of Fisheries following the Conclusion of Fisheries Agreement, as at the time this Act enters into force, shall be deemed to be taken or done in accordance with this Act, if there are any provisions corresponding thereto in this Act.
Article 4 (Transitional Measures concerning Business of Cultivation in Inland Sea Water and Business of Producing Seeds and Seedlings)
Any business of cultivation in inland sea water or any business of producing seeds and seedlings that is permitted pursuant to the previous provisions of Article 43 (2), as at the time this Act enters into force, shall be deemed to be permitted by the head of a Si/Gun/Gu who has jurisdiction over the permitted area of waters in accordance with the amended provisions of Article 41 (3), until expiration of the period of validity of the previous permit.
Article 5 (Transitional Measures concerning Restrictions and Conditions on Fishery Business Permit)
Any restriction or condition placed on a fishery business permit pursuant to the previous provisions as at the time this Act enters into force shall be deemed to be imposed in accordance with the amended provisions of Article 43.
Article 6 (Transitional Measures concerning Basic Plan, etc. for Development of Fish Farming)
A basic plan for the development of fish farming and the implementation plan thereof that are established pursuant to Articles 4 and 5 of the former Fish Farming Development Act as at the time this Act enters into force shall be deemed the basic plan and implementation plan established in accordance with the amended provisions of Articles 50 and 51.
Article 7 (Transitional Measures concerning Fish Farming Center)
The fish farming center established pursuant to Article 20 of the former Special Act on Assistance to Fisherman, etc. and Development of Fisheries following the Conclusion of Fisheries Agreement as at the time this Act enters into force shall be deemed the one established in accordance with the amended provisions of Article 55.
Article 8 (Transitional Measures concerning Comprehensive Measures for Promotion of Fisheries)
Any comprehensive measures for the promotion of fisheries established pursuant to Article 18 of the former Special Act on Assistance to Fisherman, etc. and Development of Fisheries following the Conclusion of Fisheries Agreement as at the time this Act enters into force shall be deemed to be those established in accordance with the amended provisions of Article 74.
Article 9 (Transitional Measures concerning Fishery Business Restructuring)
Any project for the structural improvement of fishery business that is implemented pursuant to Article 11 of the former Act on the Special Measures for Development of Agricultural and Fishing Villages as at the time this Act enters into force shall be deemed to be a project for the restructuring of fishery business implemented in accordance with this Act.
Article 10 (Transitional Measures concerning Fisheries Development Fund)
(1) The Fisheries Development Fund pursuant to the former Special Act on Assistance to Fisherman, etc. and Development of Fisheries following the Conclusion of Fisheries Agreement as at the time this Act enters into force shall be deemed the Fisheries Development Fund under the amended provisions of Article 76.
(2) Assistance to the Fisheries Development Fund, entrusted institutions, etc. pursuant to the former Special Act on Assistance to Fisherman, etc. and Development of Fisheries following the Conclusion of Fisheries Agreement as at the time this Act enters into force shall be deemed those in accordance with this Act.
Article 10-2 (Transitional Measures concerning Penal Provisions)
In levying penal provisions for acts committed before this Act enters into force, the previous provisions shall prevail.
[This Article Newly Inserted by Act No. 9948, Jan. 25, 2010]
Article 11 Omitted.
Article 12 (Relations to other Acts and Subordinate Statutes)
If the former Fisheries Act, Fish Farming Development Act, or Special Act on Assistance to Fisherman, etc. and Development of Fisheries following the Conclusion of Fisheries Agreement, or the provisions thereof, are cited in other Acts and subordinate statutes as at the time this Act enters into force, and if any provisions corresponding thereto exist in this Act, this Act or the corresponding provisions hereof in lieu of the former provisions shall be deemed to be cited.
ADDENDA<Act No. 9948, Jan. 25, 2010>
(1) (Enforcement Date) This Act shall enter into force on April 23, 2010: Provided, That the amended provisions of Articles 2, 8, 9, 13, 13-2, 40-2 and 89 shall take effect on July 1, 2010.
(2) (Transitional Measures concerning Fishing Vessels Permitted for Fishery Business Run within Demarcated Zone) Any fishing vessel permitted to be used for fishery business run by installing fishing gear within a demarcated area of waters pursuant to the previous provisions of Article 43 (3), as at the time this Act enters into force, shall be deemed to be a patrol vessel designated in accordance with amended provisions of Article 49 (1).
ADDENDA<Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDUM<Act No. 10292, May 17, 2010>
This Act shall enter into force six months after the date of its promulgation.