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Marine Environment Management Act


Published: 2012-06-01

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to make clear the obligations of the people and the responsibilities of the State for the preservation and management of the marine environment and prescribe basic matters for the preservation of the marine environment, thereby contributing to elevating the quality of life for the people by preventing harms which may be inflicted by a deteriorating marine environment and marine pollution and creating a clean and safe marine environment
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 8379, Apr. 11, 2007; Act No. 8404, Apr. 27, 2007; Act No. 8788, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9773, Jun. 9, 2009; Act No. 9872, Dec. 29, 2009>
1. The term "marine environment" means the natural and living conditions at sea, including organisms inhabiting the sea, abiological environments surrounding such organisms, such as seawater, land at sea and marine atmosphere, and human behavioral patterns at sea;
2. The term "marine pollution" means the state that substances or energy flowing into the sea or generated at sea adversely affect or are feared to adversely affect the marine environment;
3. The term "discharge" means the draining or dumping of pollutants, etc. or the leakage or eruption of pollutants, etc.: Provided, That the draining or dumping, or leakage or eruption of pollutants, etc. for academic purposes, such as conducting surveys and research for the mitigation or prevention, or elimination of marine pollution shall be excluded;
4. The term "waste" means a substance that is useless as it is when discharged into the sea and adversely affects or is feared to adversely affect the marine environment (excluding substances falling under subparagraphs 5, 7 and 8);
5. The term "oil" means crude oil and petroleum products (excluding petroleum gas) under the Petroleum and Petroleum Substitute Fuel Business Act, liquid oily mixtures containing them (hereinafter referred to as "emulsion mixtures") and waste oil;
6. The term "ballast water" means the water loaded on a ship in order to be used to balance the ship;
6. The term "ballast water" means the ballast water under subparagraph 2 of Article 2 of the Ballast Water Management Act; <<Enforcement Date: Refer to the Addenda>>
7. The term "noxious liquid substance" means liquid substances (excluding oil) which adversely affect or are feared to adversely affect the marine environment and mixed liquid substances containing such substances, which are determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
8. The term "harmful substance in packaged form" means harmful substances transported by ship in packaged form, which are determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs as they adversely affect or are feared to adversely affect the marine environment when discharged into the sea;
9. The term "harmful anti-fouling paint" means paints used to restrict or prevent the attachment of organisms to ships, or marine facilities, etc. (hereinafter referred to as "anti-fouling paints"), which are determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs as containing ingredients destroying organisms such as organotin;
10. The term "residual organic pollutant" means chemical substances determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which continuously cause acute or chronic toxicity or are carcinogenic and over a long period of time when flowing into the sea to accumulate in organisms;
11. The term "pollutant" means waste, oil, noxious liquid substances or harmful substances in package form which adversely affect or are feared to adversely affect the marine environment when flowing or discharged into the sea;
12. The term "ozone layer-depleting substance" means substances falling under subparagraph 1 of Article 2 of the Act on the Control, etc. of Manufacture of Specific Substances for the Protection of the Ozone Layer;
13. The term "air pollutant" means ozone layer-depleting substances, volatile organic components, and air pollutants under subparagraph 1 of Article 2 of the Clean Air Conservation Act;
14. The term "sulphur oxide emission control sea area" means the sea areas determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which are in need of measures to specially control the emission of sulphur oxides from ships so as to prevent air pollution and adverse effects on land and sea resulting therefrom;
15. The term "volatile organic compound" means oil and noxious liquid substances from among hydrocarbons, which fall under subparagraph 10 of Article 2 of the Clean Air Conservation Act;
16. The term "ship" means things (including those with an outboard motor) used or usable for navigation above or below water, and fixed or floating-type oil prospecting ships and platforms determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
17. The term "marine facility" means facilities or structures determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which are installed or placed in, or thrown into sea areas (including harbors provided for in subparagraph 1 of Article 2 of the Harbor Act; hereinafter the same shall apply) or between a sea area and land continuously;
18. The term "bilge water" means emulsion mixtures stagnating at the bottom of a ship;
19. The term "port management authority" means the management authorities under Article 20 of the Harbor Act, fishery harbor management authorities under Article 35 of the Fishing Villages and Fishery Harbors Act and port authorities under the Port Authority Act;
20. The term "sea area management authority" means Metropolitan City Mayors, Do Governors and Governors of Special Self-Governing Provinces (hereinafter referred to as "City Mayors/Do Governors") in cases of the territorial sea and internal waters under the Territorial Sea and Contiguous Zone Act, and the Minister of Land, Transport and Maritime Affairs in cases falling under any of the following:
(a) Exclusive economic zones under Article 2 of the Exclusive Economic Zone Act and other sea areas prescribed by Presidential Decree;
(b) Sea areas inside the harbors prescribed by Presidential Decree.
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 Article 3 (Scope of Application)   print
(1) The provisions of this Act shall apply to the management of the marine environment in the sea areas, water zones, zones, ships, marine facilities, etc. specified in each of the following subparagraphs: Provided, That the management of the marine environment and the prevention of marine pollution related to radioactive substances shall be governed by the Nuclear Safety Act: <Amended by Act No. 10911, Jul. 25, 2011>
1. Territorial sea under the Territorial Sea and Contiguous Zone Act and sea areas determined by Presidential Decree;
2. Exclusive economic zones under Article 2 of the Exclusive Economic Zone Act;
3. Environmental management sea areas under Article 15;
4. Submarine mining areas under Article 3 of the Submarine Mineral Resources Development Act.
(2) The provisions of this Act shall apply to the prevention of marine pollution caused by ships of the Republic of Korea (hereinafter referred to as "Korean ships") under Article 2 of the Ship Act outside the sea areas, water zones and zones under each subparagraph of paragraph (1).
(3) The provisions of this Act shall apply to cases where ships other than Korean ships (hereinafter referred to as "foreign ships") are sailing or anchored inside the sea areas, water zones and zones under each subparagraph of paragraph (1): Provided, That the provisions of Articles 32, 49 through 54, 56 through 58, 60, 112 and 113 shall not apply to foreign ships being on international voyages.
(4) Except as otherwise provided for in this Act, the sulphur content standards for fuel oil under Article 44 and the quality standards for fuel oil under Article 45 shall be governed by the Petroleum and Petroleum Substitute Fuel Business Act and the Clean Air Conservation Act.
(5) Except as otherwise provided for in this Act, the disposal of pollutants shall be governed by the Wastes Control Act, the Water Quality and Ecosystem Conservation Act, the Sewerage Act, and the Act on the Management and Use of Livestock Excreta. <Amended by Act No. 10803, Jun. 15, 2011>
(6) Except as otherwise provided for in this Act, the permissible emission levels of air pollutants, including nitrogen oxides, generated by ship diesel engines shall be governed by the Clean Air Conservation Act.
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 Article 4 (Relations with International Conventions)   print
When the standards for the marine environment and marine pollution, which are determined by an international convention in force internationally conflict with the matters provided for in this Act, the international convention shall prevail: Provided, That the same shall not apply to cases where the matters provided for in this Act contain higher standards than those in the international convention.
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 Article 5 (Responsibilities of State, etc.)   print
(1) The State and local governments shall formulate and implement policies necessary for the appropriate preservation and management of the marine environment, such as the prevention of harm which may be inflicted by marine pollution and restoration of a deteriorating marine environment.
(2) Any person who engages in activity or a business which affects the marine environment, such as exploitative or usage at sea, shall take necessary measures to minimize marine pollution and the deterioration of the marine environment.
(3) Every national shall have the right to live in a healthy and comfortable marine environment and have the duty to positively cooperate in the policies that the State and local governments implement for the preservation and management of the marine environment.
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 Article 6 (Facilitating Science and Technology and International Cooperation Related to Marine Environment)   print
(1) The Minister of Land, Transport and Maritime Affairs shall develop science and technology necessary for the efficient management of the marine environment and devise measures needed to facilitate the development of related industries. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may carry out necessary programs in cooperation with foreign governments or marine environment-related international organizations in order to cope jointly with the preservation and management of the marine environment and prevention of marine pollution. In such cases, he/she may have relevant research institutes, academic organizations, etc. of Korea participate jointly in such programs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs may provide necessary support to the relevant research institutes and academic organizations that jointly participate pursuant to the latter part of paragraph (2) within budgetary limits. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Necessary matters concerning the kinds of international cooperation programs, and co-participating organizations in such programs and support therefor, etc. under paragraphs (2) and (3) shall be determined by Presidential Decree.
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 Article 7 (Polluter Pays Principle)   print
Any person whose act or business activity results in the deterioration of the marine environment or marine pollution (hereinafter referred to as "polluter") shall be liable to restore the deteriorating or polluted marine environment and bear the expenses to be incurred for the rectification of the damage caused by such deterioration or pollution of the marine environment in principle.
CHAPTER II MEASURES FOR PRESERVATION AND MANAGEMENT OF MARINE ENVIRONMENT
SECTION 1 Marine Environmental Standards and Data Management
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 Article 8 (Marine Environmental Standards)   print
(1) The Minister of Land, Transport and Maritime Affairs shall determine and publish standards for the marine environment (hereinafter referred to as "marine environmental standards") by sea area and purpose of use, which are required to implement policies for the preservation of the marine environment under Article 13 of the Framework Act on Marine Fishery Development, taking into account the environmental standards under Article 13 of the Framework Act on Environmental Policy. In such cases, the Minister of Land, Transport and Maritime Affairs shall listen to the opinions of the heads of relevant administrative organs in advance. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10893, Jul. 21, 2011>
(2) Any City Mayor/Do Governor may determine and publish marine environmental standards separately for the proper use and development of marine resources, the preservation of the marine environment, etc. in the waters under his/her jurisdiction, referring to the marine environmental standards determined by the Minister of Land, Transport and Maritime Affairs pursuant to paragraph (1). In such cases, when the City Mayor/Do Governor intends to determine or change the marine environmental standards for the waters under the jurisdiction, he/she shall obtain prior approval from the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The method of determining the marine environmental standards under paragraphs (1) and (2) and other necessary matters shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 9 (Marine Environmental Measuring Network)   print
(1) In order to measure or examine the state of the marine environment and pollution sources in coastal waters, the Minister of Land, Transport and Maritime Affairs shall organize marine environmental measuring networks under the conditions prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and measure the marine environment regularly. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any City Mayor/Do Governor may organize marine environmental measuring networks fit for the waters under his/her jurisdiction separately, referring to the marine environmental measuring networks organized by the Minister of Land, Transport and Maritime Affairs pursuant to paragraph (1). In such cases, when the City Mayor/ Do Governor intends to organize marine environmental measuring networks in the waters under his/her jurisdiction or change any matter organized, he/she shall give prior notice of it to the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 10 (Korean Standard Method of Examination for Marine Environment)   print
The Minister of Land, Transport and Maritime Affairs shall determine and publish the Korean standard method of examination for the marine environment to secure accuracy and unity in surveying and assessing the conditions of the marine environment, such as the organization, operation, etc. of marine environmental measuring networks under Article 9 (1). In such cases, if Korean Industrial Standards have been published under Article 10 of the Industrial Standardization Act in connection with the Korean standard method of examination for the marine environment, the already published Korean Industrial Standards shall prevail, unless any circumstance to the contrary exists. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 11 (Marine Environmental Information Networks)   print
(1) The Minister of Land, Transport and Maritime Affairs shall construct marine environmental information networks and provide marine environmental information to people under the conditions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may, if necessary for the construction of marine environmental information networks under paragraph (1), demand the submission of required material from the heads of relevant administrative organs. In such cases, the heads of relevant administrative organs shall comply with such demand, unless any circumstance exists otherwise. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Necessary matters concerning the construction, operation, management, etc. of marine environmental information networks under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 12 (Accuracy Control of Marine Environmental Measuring and Analyzing Institutes)   print
(1) With respect to institutes which measure and analyze the state of the marine environment and are determined by Presidential Decree (hereinafter referred to as "measuring and analysis institute"), the Minister of Land, Transport and Maritime Affairs may take necessary measures (hereinafter referred to as "accuracy control"), including evaluation of measuring and analysis capabilities, provision of relevant educational programs, verification of measurement and analysis-related material, etc. under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs for accurate and reliable measurement and analysis of the marine environment. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may, when deemed necessary as a result of accuracy control of a measuring and analysis institute, order such institution to improve or supplement relevant equipment and devices, or take other necessary measures. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 13 (Certification of Measuring and Analysis Capabilities)   print
(1) With respect to measuring and analyzing institutions that are deemed to be in conformity with the measuring and analyzing standards determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs as a result of accuracy control, the Minister of Land, Transport and Maritime Affairs may certify their measuring and analyzing capabilities. <Amended by Act No. 8852, Feb. 29, 2008>
(2) With respect to measuring and analyzing institutions the measuring and analyzing capabilities of which are certified under paragraph (1), the Minister of Land, Transport and Maritime Affairs shall conduct accuracy control regularly, every three years, and renew the certification of their measuring and analyzing capabilities accordingly: Provided, That in cases where a certified matter concerning measuring and analyzing capabilities is changed, which falls under the important matters determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she shall conduct accuracy control at any time and renew the certification of measuring and analyzing capabilities accordingly. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs shall, when a person whose measuring and analyzing capabilities are certified falls under any of the following subparagraphs, cancel the certification concerned: <Amended by Act No. 8852, Feb. 29, 2008>
1. Cases where he/she has obtained the certification by falsehood or by other unjust methods;
2. Cases where he/she comes unfit to the measuring and analyzing standards under paragraph (1) as a result of the accuracy control under paragraph (2);
3. Other cases in which the certification of measuring and analyzing capabilities is inappropriate and which fall under the causes prescribed by Presidential Decree.
(4) Necessary matters concerning the procedure of application for certification of measuring and analyzing capabilities under paragraphs (1) and (2), issue of certificate, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
SECTION 2 Comprehensive Plan for Marine Environmental Management, etc.
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 Article 14 (Establishment, etc. of Comprehensive Plans for Marine Environment)   print
(1) In order to prevent damage which is caused by the deterioration of the marine environment or marine pollution and to create a clean and safe marine environment, the Minister of Land, Transport and Maritime Affairs shall establish and implement a comprehensive plan for the marine environmental every ten years, as prescribed by Presidential Decree. In such cases, the Minister of Land, Transport and Maritime Affairs shall consult with the heads of relevant central administrative organs in advance. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(2) Each comprehensive plan for the marine environment shall be determined through the deliberation of the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development. <Amended by Act No. 9454, Feb. 6, 2009; Act No. 10803, Jun. 15, 2011>
(3) Each comprehensive plan for the marine environment shall include the matters in each of the following subparagraphs: <Amended by Act No. 10803, Jun. 15, 2011>
1. Matters concerning the current state and future prospects of the marine environment;
2. Matters concerning policy directions for the preservation of the marine environment;
3. Matters concerning measures for the prevention of marine pollution and the improvement of the marine environment;
4. Matters concerning the security of financial resources for marine environmental conservation;
5. Matters concerning the fostering of manpower specialized in the marine environment;
6. Matters concerning the development of scientific technology and international cooperation related to marine environmental conservation;
7. Other matters prescribed by Presidential Decree, which are required to prevent damage which is caused by the deterioration of marine environment or marine pollution and to create a clean and safe marine environment.
(4) The Minister of Land, Transport and Maritime Affairs shall, when a comprehensive plan for the marine environmental under paragraph (1) is established, give notice of it to the heads of relevant administrative organs, and the heads of the relevant administrative organs who are given notice of the comprehensive plan for the marine environment shall take necessary measures for the implementation thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(5) The Minister of Land, Transport and Maritime Affairs may, if necessary for the establishment of the comprehensive plan for the marine environment under paragraph (1), demand the submission of material from the heads of relevant administrative organs. In such cases, the heads of the relevant administrative organs shall comply with such demand, unless any circumstance exists otherwise. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
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 Article 15 (Designation and Management of Environmental Management Sea Areas)   print
(1) The Minister of Land, Transport and Maritime Affairs may, when deemed necessary for the preservation and management of the marine environment, designate and manage environmental preservation sea areas and specially manage sea areas (hereinafter referred to as "environmental management sea areas") as classified in each of the following subparagraphs. In such cases, he/she shall consult with the heads of relevant administrative organs in advance: <Amended by Act No. 8852, Feb. 29, 2008>
1. Environmental preservation sea areas: Sea areas prescribed by Presidential Decree, which fall under any of the following items (including land which directly affects marine pollution):
(a) Sea areas designated as specific use areas necessary for the protection and fostering of fishery resources from among the natural environmental conservation areas under subparagraph 4 of Article 6 of the National Land Planning and Utilization Act;
(b) Sea areas which have the well-preserved marine environment and ecosystems and require a continuous preservation;
2. Specially managed sea areas: Sea areas prescribed by Presidential Decree, in which it is difficult to maintain the marine environmental standards under Article 8 (1) or there is or it is feared to be a considerable difficulty in preserving the marine environment and ecosystems (including land which directly affects marine pollution).
(2) In cases where it is deemed that the marine environmental standards under Article 8 (1) are exceeded as a result of the measurement and examination of the status of the marine environment and sources of pollution in an environmental preservation sea area, which is feared to cause serious damage to the health of the people or the birth and breeding of living things, the Minister of Land, Transport and Maritime Affairs may restrict the installation or modification of facilities determined by Presidential Decree within the environment preservation sea area concerned. <Amended by Act No. 8852, Feb. 29, 2008>
(3) In cases where it is deemed that the marine environmental standards under Article 8 (1) are exceeded as a result of the measurement and examination of the status of the marine environment and sources of pollution in a specially managed sea area, which is feared to cause serous damage to the health of the people and the birth and breeding of living things, the Minister of Land, Transport and Maritime Affairs may take the measures in each of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Restriction on the installation or modification of facilities in the specially managed sea area;
2. Control the total quantity of pollutants discharged from business places located in the specially managed sea area.
(4) Necessary matters concerning the facilities the installation or modification of which is restricted pursuant to each subparagraph of paragraph (3), details of restriction, scope of sea areas in which the total quantity of pollutants is controlled, items and method of control shall be determined by Presidential Decree.
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 Article 16 (Establishment, etc. of Master Plans for Environmental Management Sea Areas)   print
(1) With respect to environmental management sea areas, the Minister of Land, Transport and Maritime Affairs shall establish a master plan for environmental management sea areas, including the following matters, every five years and shall, with the implementation of the master plan for environmental management sea areas, establish and implement a management plan by sea area which aims at environmental conservation in a specific sea area. In such cases, he/she shall consult with the heads of relevant administrative organs in advance: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
1. Matters concerning observation of the marine environment;
2. Matters concerning the examination and research of pollution sources;
3. Matters concerning measures for the preservation and improvement of the marine environment;
4. Matters concerning assistance to residents, following environmental management;
5. Other matters prescribed by Presidential Decree, which are necessary for the management of environmental management sea areas.
(2) Each master plan for environmental management sea areas shall be confirmed through the deliberation of the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development. <Amended by Act No. 9454, Feb. 6, 2009; Act No. 10803, Jun. 15, 2011>
(3) The Minister of Land, Transport and Maritime Affairs shall, when a master plan for environmental management sea areas and management plans by sea area are established, notify the heads of relevant administrative agencies thereof, and the heads of the relevant administrative agencies shall take necessary measures for the implementation thereof. <Amended by Act No. 10803, Jun. 15, 2011>
(4) The Minister of Land, Transport and Maritime Affairs may, when necessary to establish and implement management plans by sea area, separately operate a project management task force, which is composed of public officials belonging to relevant administrative agencies of the central government and local governments, experts, etc. In such cases, matters necessary for the composition and operation of the project management task force shall be determined by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
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 Article 17 Deleted. <by Act No. 9454, Feb. 6, 2009>   print
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 Article 18 (Marine Environmental Improvement Measures)   print
(1) Any sea area management authority may, when deemed necessary for the prevention of marine pollution caused by the inflow or accumulation, etc. of pollutants and improvement of the marine environment, take the marine environmental improvement measures in each of the following subparagraphs, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Amended by Act No. 11479, Jun. 1, 2012>
1. Installation of facilities that prevents the inflow of pollutants;
2. Collection and disposal of pollutants;
3. Collection of polluted sediments;
4. Other projects determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which are necessary in connection with the improvement of the marine environment.
(2) When a sea area or zone which is subject to marine environmental improvement measures referred to in paragraph (1) extends over the jurisdictions of two or more City Mayors/Do Governors or in the cases prescribed by Presidential Decree, the Minister of Land, Transport and Maritime Affairs may take marine environmental improvement measures referred to in paragraph (1) in sea areas or zones falling under any of the subparagraphs of Article 3 (1). In such cases, the Minister of Land, Transport and Maritime Affairs shall consult with the relevant City Mayors/Do Governors in advance. <Newly Inserted by Act No. 11479, Jun. 1, 2012>
(3) The Minister of Land, Transport and Maritime Affairs may, when deemed necessary for the preservation or management of the marine environment, or for the prevention of marine pollution, examine sources of pollution in the marine environment in the sea areas or zones under each of the subparagraphs of Article 3 (1) under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, the Minister of Land, Transport and Maritime Affairs may request the head of a relevant administrative organ to examine jointly polluted sea areas and facilities from which pollutants are discharged. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
(4) The Minister of Land, Transport and Maritime Affairs may, when deemed necessary as a result of the examination of sources of pollution in the marine environment under paragraph (3), require a polluter to take a marine environmental improvement measure falling under any of the subparagraphs of paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
(5) Necessary matters concerning the method of installing facilities that prevents the inflow of pollutants, the method of collecting and disposing of pollutants, the method of collecting polluted sediments, etc. in connection with the marine environmental improvement measures under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
SECTION 3 Marine Environmental Improvement Charges
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 Article 19 (Marine Environmental Improvement Charges)   print
(1) The Minister of Land, Transport and Maritime Affairs shall impose and collect a marine environmental improvement charge (hereinafter referred to as "charge") with respect to the following acts that have a significant impact on the marine environment and marine ecosystems: <Amended by Act No. 8852, Feb. 29, 2008>
1. Discharging wastes to the sea by a person who engages in the ocean waste discharge business under Article 70 (1) 1 (hereinafter referred to as "ocean waste discharge business operator");
2. Discharging pollutants equal to or more than the quantity prescribed by Presidential Decree from ships or marine facilities.
(2) Where the discharge of pollutants referred to in paragraph (1) 2 falls under any of the following subparagraphs, no charge shall be imposed: <Newly Inserted by Act No. 10803, Jun. 15, 2011>
1. Where such discharge is caused by wars, natural disasters or other grounds beyond control;
2. Where such discharge is caused only by the intention of a third person: Provided, That it shall be limited to cases where there is no defect in the installation and management of ships or marine facilities;
3. Where such discharge occurs outside sea areas or waters referred to in Article 3 (1) 1 and 2, which is the case prescribed by Presidential Decree.
(3) The kind and quantity of a pollutant discharged shall be considered in the calculation of a charge that is imposed by applying the imposition coefficients by the kinds of pollutants to the amount calculated by multiplying the quantity of a pollutant discharged by the amount of a charge per unit. In such cases, the discharged quantity and the amount of a charge imposed per unit on a pollutant, imposition coefficients by the kinds of pollutants, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 10803, Jun. 15, 2011>
(4) The Minister of Land, Transport and Maritime Affairs may allow persons liable to pay a charge in installments. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(5) The Minister of Land, Transport and Maritime Affairs shall contribute the charges under paragraph (1) and the additional dues under Article 20 (2) to the fishery development fund under Article 76 of the Fisheries Act (hereinafter referred to as "Fund"). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9626, Apr. 22, 2009; Act No. 10803, Jun. 15, 2011>
(6) Matters necessary for the procedures for collection of charges under paragraphs (1) and (3), etc. shall be prescribed by Presidential Decree. <Amended by Act No. 10803, Jun. 15, 2011>
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 Article 20 (Compulsory Collection of Charges)   print
(1) The Minister of Land, Transport and Maritime Affairs shall, when a person liable to pay a charge pursuant to Article 19 fails to pay it by the payment deadline, issue a reminder letter to such person, fixing a period of not longer than 30 days. In such cases, he/she shall collect additional dues prescribed by Presidential Decree within the scope not exceeding 5/100 of the charge in arrears. <Amended by Act No. 8852, Feb. 29, 2008>
(2) When a person who is urged to pay a charge pursuant to paragraph (1) fails to pay the charge as well as additional dues within the fixed deadline for payment, such charge and additional dues may be collected according to the examples of dispositions on national taxes in arrears.
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 Article 21 (Usage of Charges)   print
The charges contributed to the Fund pursuant to Article 19 (5) shall be used for the following business: <Amended by Act No. 10803, Jun. 15, 2011>
1. Business concerning the prevention of marine pollution and restoration of the marine environment;
2. Business concerning the preservation and management of the marine environment;
3. Business that provides assistance to business operators who use the ocean in an environment-friendly way and to residents in coastal areas;
4. Business concerning the marine environmental improvement measures under Article 18 (1);
5. Marine environment-related research and development business;
6. Support business concerning examination, research, publicity and eduction on the marine environment;
7. Fishing industry support business, such as assistance for fishermen for damage caused by marine pollution;
8. Business determined by Presidential Decree, which is related to business provided for in subparagraphs 1 through 7.
CHAPTER III REGULATIONS FOR PREVENTION OF MARINE POLLUTION
SECTION 1 General Rules
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 Article 22 (Prohibition of Discharge, etc. of Pollutants)   print
(1) No person shall discharge pollutants from ships into the sea: Provided, That the same shall not apply to the following cases: <Amended by Act No. 8788, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 10272, Apr. 15, 2010>
1. Where wastes are discharged according to each of the following classifications:
(a) Where it is intended to discharge wastes generated during the sailing or mooring of a ship, such wastes are to be discharged in conformity with the criteria for and method of disposal determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in sea areas determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
(b) Where it is intended to discharge wastes determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in a place in which it is intended to reclaim such wastes pursuant to Articles 28 and 35 of the Public Waters Management and Reclamation Act, such wastes are to be discharged in conformity with the criteria for and method of disposal determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
2. Where oil is discharged according to each of the following classifications:
(a) Where a ship discharges oil, such oil is to be discharged in conformity with the criteria for and method of discharge determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, in sea areas determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
(b) Where an oiler discharges ballast water mixed with cargo oil, and cleaning water and bilge water from the cargo hold, such water is to be discharged in conformity with the criteria for and method of discharge determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, in sea areas determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
(b) Where an oiler discharges ballast water mixed with cargo oil, and cleaning water and bilge water from the cargo hold, such water is to be discharged in conformity with the criteria for and method of discharge determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, in sea areas determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs; <<Enforcement Date: Refer to the Addenda>>
(c) Where an oiler discharges ballast water from the cargo hold, it is to be discharged to fit to the cleanliness determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
(c) Where an oiler discharges ballast water from the cargo hold, it is to be discharged to fit to the cleanliness determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs; <<Enforcement Date: Refer to the Addenda>>
3. Where noxious liquid substances are discharged according to each of the following classifications:
(a) In cases of discharging a noxious liquid substance, it is to be discharged in conformity with the method of pre-treatment and discharge determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in sea areas determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
(b) In cases of discharging cleaned ballast water from a cargo hold (including facilities for the discharge of ballast water) used for the bulk transportation of noxious liquid substances determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, it is to be discharged in conformity with the method of purification determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(b) In cases of discharging cleaned ballast water from a cargo hold (including facilities for the discharge of ballast water) used for the bulk transportation of noxious liquid substances determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, it is to be discharged in conformity with the method of purification determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <<Enforcement Date: Refer to the Addenda>>
(2) No person shall discharge into the sea pollutants generated in places (hereinafter referred to as "ocean space") determined by Presidential Decree, such as marine facilities, bathing beaches, estuaries, etc.: Provided, That the same shall not apply to each of the following cases: <Amended by Act No. 8852, Feb. 29, 2008>
1. In cases of discharging waste generated in marine facilities or ocean space (hereinafter referred to as "marine facilities, etc.") in conformity with the criteria for and method of disposal determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in sea areas determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
2. In cases of discharging oil or noxious liquid substances generated in marine facilities, etc. in conformity with the criteria for and method of disposal determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Notwithstanding the provisions of paragraphs(1) and (2), in cases falling under any of the following subparagraphs, pollutants generated in ships or marine facilities, etc. may be discharged into the sea: <Amended by Act No. 8852, Feb. 29, 2008>
1. Discharging pollutants unavoidably to secure the safety of ships or marine facilities, etc. or rescue a human life;
2. Cases where pollutants are discharged unavoidably due to damage to ships or marine facilities, etc.;
3. Cases where pollutants are discharged unavoidably in the course of trying to minimize pollution damage in the method determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in a pollution accident caused by ships, or marine facilities, etc.
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 Article 23 (Prevention of Discharging Land-based Waste into Sea)   print
(1) No person shall discharge land-based waste into the sea: Provided, That the Minister of Land, Transport and Maritime Affairs may allow the wastes determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, the land disposal of which is difficult to be discharged into the sea in conformity with the criteria for and method of disposal determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in sea areas determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs within a limited extent not affecting the preservation and management of the marine environment. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may have an ocean waste discharge business operator dispose of the wastes, the ocean discharge of which may be allowed pursuant to the proviso to paragraph (1) and the entrusted disposal of which is reported by a waste disposal entrusting person pursuant to Article 76 (1) limitedly. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs shall inspect in advance as to whether the waste in question falls under the wastes, the ocean discharge of which is allowed pursuant to the proviso to paragraph (1) under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister of Land, Transport and Maritime Affairs may have a specialized inspection institution conduct the duty of inspection under paragraph (3) on his/her behalf under the conditions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(5) The procedure for application and designation of waste discharge sea areas under the proviso to paragraph (1) and other necessary matters shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 24 (Marine Pollution Prevention Activities)   print
(1) The Minister of Land, Transport and Maritime Affairs shall establish and implement an ocean waste collection and disposal plan under the conditions as prescribed by Presidential Decree in order to effectively collect and dispose of wastes (including wastes generated at sea; hereafter the same shall apply in this Article) discharged or flowing into the sea. In such cases, City Mayors/ Do Governors shall establish and implement detailed action plans in accordance with the ocean waste collection and disposal plan. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any sea area management authority may, when deemed necessary for pollution prevention activities, conduct examination or measurement activities determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs such as water analysis in ocean space. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Any sea area management authority may operate ships or disposing facilities necessary for pollution prevention activities, such as collection, disposal, examination, and measurement of wastes under paragraphs (1) and (2).
(4) Any sea area management authority may impose on a polluter the expenses incurred for the collection, disposal, or keeping of wastes under paragraph (1) in whole or in part under the conditions as prescribed by Presidential Decree.
SECTION 2 Marine Pollution Prevention in Ships
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 Article 25 (Installation, etc. of Waste Pollution Prevention Facilities)   print
(1) Ship owners (in cases of leased ships, referring to ship lessees: hereinafter the same shall apply) determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall, in conformity with the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs, install facilities to store or dispose of wastes generated on the ships and determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs (hereinafter referred to as "waste pollution prevention facilities"). <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any waste pollution prevention facility installed pursuant to paragraph (1) shall be maintained and operated in conformity with the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 26 (Installation, etc. of Oil Pollution Prevention Facilities)   print
(1) Any ship owner shall install a facility for the prevention of discharge of oil generated on the ship (hereinafter referred to as "oil pollution prevention facilities") in the relevant ship or provide a container for the storage of waste oil. In such cases, ships subject thereto, criteria for installation, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any ship owner shall have a hull structure, etc. capable of preventing the discharge of oil in the event of collision or stranding of the ship or occurrence of other marine accidents. In this case, ships subject thereto, criteria for hull structures and other necessary matters shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Any oil pollution prevention facility installed pursuant to paragraph (1) shall be maintained and operated in confirmity with the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 27 (Installation, etc. of Noxious Liquid Substance Pollution Prevention Facilities)   print
(1) Any ship owner determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which transports noxious liquid substances in bulk shall install a facility to store or dispose of such noxious liquid substances on the ship or a facility to prevent marine pollution which may be caused by such noxious liquid substances (hereinafter referred to as a "noxious liquid substance pollution prevention facility") in accordance with the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any ship owner determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which transports noxious liquid substances in bulk shall install and maintain a cargo hold on the ship in accordance with the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs in order to prevent the discharge of the noxious liquid substances in the event of collision or stranding of the ship or occurrence of other marine accidents. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Any ship owner under paragraph (1) shall prepare a guidebook on the method of and facilities for the discharge of noxious liquid substances in accordance with the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs and provide it to the master of the ship after obtaining the approval seal of the Minister of Land, Transport and Maritime Affairs thereto. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Any noxious liquid substance pollution prevention facility installed pursuant to paragraph (1) shall be maintained and operated in conformity with the criteria determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 28 (Restriction on Loading Ballast Water and Oil)   print
(1) No ballast water shall be loaded in the cargo holds of the oilers determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs and fuel oil tanks of the ships determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That the same shall not apply to cases determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, in which a trial run of a newly built ship is conducted and it is necessary to secure the safety of a ship. <Amended by Act No. 8852, Feb. 29, 2008>
(1) No ballast water shall be loaded in the cargo holds of the oilers determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs and fuel oil tanks of the ships determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That the same shall not apply to cases determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, in which a trial run of a newly built ship is conducted and it is necessary to secure the safety of a ship. <Amended by Act No. 8788, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008> <<Enforcement Date: Refer to the Addenda>>
(2) No oil shall be loaded in any tank installed in front of the forepeak tank and collision bulkhead of ships determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 29 (Transportation of Harmful Substances in Packaged Form)   print
Any person who intends to transport a harmful substance in packaged form by ship shall transport it in accordance with the conditions of packing and marking, loading method, etc. under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 30 (Management of Ship Pollutant Register)   print
(1) Any shipmaster (in cases of a towed ship, referring to the shipowner) shall keep registers as classified in each of the following subparagraphs (hereinafter referred to as "ship pollutant registers") on the ship (in cases of a towed ship, referring to the office of the ship owner) with respect to wastes, oil and noxious liquid substances used, transported or disposed on the ship: <Amended by Act No. 8852, Feb. 29, 2008>
1. Waste register: A book in which the total quantity of wastes generated or disposed of on a ship in a specific size determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs or above, etc. are recorded: Provided, That in cases where a marine environmental management business operator under Article 72 (1) prepares and keeps a ledger of disposal, the waste register shall be substituted by such ledger of disposal;
2. Oil register: A book in which the quantities of oil used and disposed on a ship are recorded: Provided, That the ships determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall be excluded, and in cases of oilers, the quantity of oil shipped shall be recorded in addition to the quantities of oil used and disposed of;
3. Noxious liquids register: A book in which the quantities of shipment and disposal of noxious liquids which are shipped in bulk are recorded.
(2) The term for keeping the ship pollutant registers shall be three years from the date on which the last record is included, and necessary matters concerning the matters to be included, method of keeping, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 31 (Management of Contingency Plan for Marine Pollution by Ships)   print
(1) Any ship owner shall prepare a contingency plan for marine pollution caused by oil and noxious liquid substances (hereinafter referred to as "contingency plan for marine pollution by ships"), which includes measures to be taken in the event that oil or noxious liquid substances are discharged into the sea and shall keep the plan on the ship after obtaining the approval seal from the Commissioner General of the Korea Coast Guard. <Amended by Act No. 11479, Jun. 1, 2012>
(2) Necessary matters concerning the scope of ships subject to keeping a contingency plan for marine pollution by ships, matters to be included therein, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 32 (Marine Pollution Prevention Managers)   print
(1) Ship owners determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall appoint a crew member of the ship as marine pollution prevention manager to manage the prevention of discharge of pollutants and air pollutants from the ship, assisting the shipmaster. In such cases, where ships transport noxious liquid substances in bulk, not less than one marine pollution prevention manager in charge of noxious liquid substances shall be appointed additionally. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any ship owner shall keep a document evidencing the appointment of a marine pollution prevention manager under paragraph (1) on the ship.
(3) Necessary matters concerning the qualifications and details of operations of and matters to be observed by marine pollution prevention managers under paragraph (1) shall be determined by Presidential Decree.
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 Article 32-2 (Management of Ship-to-Ship Oil Transfer)   print
(1) Any ship owner who intends to transfer oil cargos between oil tankers (hereinafter referred to as ship-to-ship) on the sea shall prepare a plan that states matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as the method of transfer of such oil cargos (hereinafter referred to as "ship-to-ship oil transfer plan") and shall keep the plan in the ship after obtaining the approval seal from the Minister of Land, Transport and Maritime Affairs and comply with the plan during transfer operation.
(2) The captain of a ship shall record matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, including the amount and time of transfer, in an oil register relating to the ship-to-ship oil transfer operation and keep the register for three years from the date of the last record.
(3) The captain of a ship who intends to engage in ship-to-ship oil transfer operations in a sea area or waters referred to in Article 3 (1) 1 and 2 shall report the operation plan to the Minister of Land, Transport and Maritime Affairs in advance.
(4) Necessary matters for the ships subject to keeping ship-to-ship oil transfer plans and the procedure of the approval seal referred to in paragraph (1), the recording of ship-to-ship oil transfer operations referred to in paragraph (2), the matters to report and the methods of reporting referred to in paragraph (3), etc. shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 10803, Jun. 15, 2011]
SECTION 3 Marine Pollution Prevention in Marine Facilities
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 Article 33 (Report on Marine Facilities)   print
(1) The owner of a marine facility (including installers and operators, and in cases where such facilities are leased, referring to the lessees of such facilities; hereinafter the same shall apply) shall make a report on such facility to the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Necessary matters concerning the matters to be reported concerning marine facilities under paragraph (1), procedure of reporting, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 34 (Management of Marine Facility Pollutant Registers)   print
(1) The owners of marine facilities handling oil and noxious liquid substances, which are determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall keep an oil and noxious liquid substance register (hereinafter referred to as "marine facility pollutant register") in the facilities and record therein the quantities of oil and noxious liquid substances used, matters concerning oil and noxious liquid substances brought into and out of the marine facilities, etc. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The term of keeping a marine facility pollutant register shall be three years from the date on which the last entry is made, and necessary matters concerning the matters to be included, method of management, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 35 (Management of Contingency Plan for Pollution by Marine Facilities)   print
(1) The owner of a marine facility using and storing, or disposing of oil and noxious liquid substances shall prepare a contingency plan for marine pollution (hereinafter referred to as a "contingency plan for pollution by marine facilities") in which measures to be taken in the event that oil and noxious liquid substances are discharged into the sea are included and keep it in the marine facility after obtaining the approval seal of the Commissioner General of the Korea Coast Guard thereto: Provided, That when it is difficult to keep the contingency plan for pollution by marine facilities in the marine facility, it may be kept in the office of the owner of the marine facility.
(2) Necessary matters concerning the subjects on which to keep a contingency plan for pollution by marine facilities, matters to be included, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 36 (Marine Pollution Prevention Manager)   print
(1) The owner of a marine facility determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall appoint a marine pollution prevention manager to administer the duties concerning the prevention of discharge of pollutants from the marine facility from among the employees working in the marine facility. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The owner of a marine facility shall keep a document evidencing the appointment of a marine pollution prevention manager in the marine facility: Provided, That when it is difficult to keep an evidential document in the marine facility, it may be kept in the office of the owner of the marine facility.
(3) Necessary matters concerning the qualifications and details of operation of, and matters to be observed by marine pollution prevention managers, etc. under paragraph (1) shall be determined by Presidential Decree.
SECTION 4 Collection and Disposal of Pollutants
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 Article 37 (Collection and Disposal of Pollutants in Ships and Marine Facilities)   print
(1) The owner of a ship or marine facility shall require any of the following persons to collect and dispose of substances determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, among pollutants generated in the ship or marine facility: Provided, That in cases of wastes generated in a marine facility (including a marine facility installed to connect a sea area to land) located on land or ships being built in the shipbuilding yard, he/she may require a waste disposal business operator under Article 25 of the Wastes Control Act to collect or dispose of such wastes: <Amended by Act No. 8371, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9872, Dec. 29, 2009; Act No. 11479, Jun. 1, 2012>
1. An installer or operator of a pollutant storage facility under Article 38 (1);
2. A person who conducts the oil hold cleaning business under Article 70 (1) 3 (hereinafter referred to as "oil hold cleaning business operator").
(2) Notwithstanding paragraph (1), where an oil hold cleaning business operator collects substances determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, among pollutants generated in a ship or marine facility, the owner of the ship or marine facility may require an ocean waste discharge business operator to dispose of such pollutants. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 38 (Pollutant Storage Facilities)   print
(1) Any sea area management authority shall install and operate a facility to store pollutants discharged from ships or marine facilities or discharged into the sea (hereinafter referred to as "pollutant storage facility").
(2) Any sea area management authority shall prepare and manage a ledger for the management of pollutants brought into and out of a pollutant storage facility (hereinafter referred to as "pollutants management ledger"). In such cases, necessary matters concerning the matters to be included in the pollutants management ledger, term for keeping the pollutants management ledger, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The detailed criteria for the installation and operation of pollutant storage facilities under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
SECTION 5 Examination of Residual Organic Pollutants, etc.
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 Article 39 (Examination of Residual Organic Pollutants, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs shall measure and examine the actual conditions, extent, etc. of pollution by residual organic pollutants, under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, the Minister of Land, Transport and Maritime Affairs shall, when it is deemed that there is a problem in the management of the marine environment based on the result of such measurement and examination, take measures as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as prohibition of use of and request for restriction on the use of residual organic pollutants concerned. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may, when conducting a measurement or examination pursuant to paragraph (1), demand the submission of necessary material from relevant administrative organs under the conditions as prescribed by Presidential Decree. In such cases, the head of a relevant administrative organ shall comply with such demand, unless any special circumstances exist otherwise. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs shall determine and publish the Korean standard methods of examination for residual organic pollutants in order to secure accuracy and unity in conducting measurements and examinations under paragraph (1). In such cases, the published Korean standard methods of examination shall be considered as the Korean standard methods of examination for the marine environment under Article 10. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 40 (Prohibition of Use of Harmful Anti-Fouling Paints, etc.)   print
(1) No person shall use harmful anti-fouling paints, or facilities, etc. using such paints (hereinafter referred to as "harmful anti-fouling system") for ships, or marine facilities, etc.
(2) Any person who intends to use or install anti-fouling paints, or facilities, etc. using such paints (hereinafter referred to as "anti-fouling system") for or in ships, or marine facilities, etc. shall comply with the criteria and methods determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER IV REGULATIONS FOR PREVENTION OF AIR POLLUTION AT SEA
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 Article 41 (Installation of Facilities for Prevention of Discharge of Air Pollutants, etc.)   print
(1) Any ship owner shall install a facility to prevent or reduce the emission of air pollutants on the ship (hereinafter referred to as "air pollution prevention facility") under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any air pollution prevention facility installed pursuant to paragraph (1) shall be maintained and operated in conformity with the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 42 (Regulation for Emission of Ozone Layer-Depleting Substances)   print
(1) No person shall emit (including emission generated in the maintenance and repair or the placement of equipment or facilities of ships) ozone layer-depleting substances from ships: Provided, That the same shall not apply to cases where ozone layer-depleting substances are leaked in the course of retrieving them.
(2) No ship owner shall install an installation containing ozone layer-depleting substances in the ship.
(3) Any ship owner shall, when removing an installation containing ozone layer-depleting substances, deliver such facility to a company or organization designated and published by the Minister of Land, Transport and Maritime Affairs. In such cases, the designated or published company or organization shall be equipped with retrieval facilities and accommodation facilities, etc. which meet the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The owner of a ship with a tonnage of not less than 400 tons which is used for international voyages shall prepare and manage a list of installations containing ozone layer-depleting substances. <Newly Inserted by Act No. 10803, Jun. 15, 2011>
(5) The owner of a ship referred to in paragraph (4) shall, when emitting ozone layer-depleting substances from the ship or replenish the ship with ozone layer-depleting substances, prepare and keep a book in which the amount of ozone layer-depleting substances, etc. is recorded (hereinafter referred to as "ozone layer-depleting substance registry"). <Newly Inserted by Act No. 10803, Jun. 15, 2011>
(6) Matters to be recorded in the ozone layer-depleting registry referred to in paragraph (5) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Newly Inserted by Act No. 10803, Jun. 15, 2011>
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 Article 43 (Regulation of Emission of Nitrogen Oxides)   print
(1) No ship owner shall operate diesel engines prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs in excess of the permissible emission level of nitrogen oxides referred to in Article 76 (1) of the Clean Air Conservation Act: Provided, That the same shall not apply to diesel engines mounted on ships for the purpose of any emergency, such as emergency ships and lifeboats, and on public ships for the purpose of national defense and public security, such as military vessels and Korea Coast Guard fleets: <Amended by Act No. 8404, Apr. 27, 2007; Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(2) Notwithstanding paragraph (1), in cases where it is possible to reduce the emission quantity of nitrogen oxides below the permissible emission level referred to in main sentence of paragraph (1), excluding its subparagraphs, with the mounting of an exhaust fume-filter meeting the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs, on a diesel engine, such diesel engine may be operated. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Matters necessary for the time of application, the method of application, etc. in regard to the permissible emission level of nitrogen oxides of diesel engines referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Newly Inserted by Act No. 10803, Jun. 15, 2011>
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 Article 44 (Sulfur Content Standards for Fuel Oil, etc.)   print
(1) No ship owner shall use fuel oil exceeding the sulfur content standards determined by Presidential Decree in sea areas other than sulfur oxide emission control sea areas.
(2) No ship owner shall use fuel oil exceeding the sulfur content standards determined by Presidential Decree in sulfur oxides emission control sea areas: Provided, That the same shall not apply to cases where the quantity of sulfur oxide emissions is reduced below the permissible emission level of sulfur oxides determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, with the mounting of an exhaust fume-filter meeting the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Each ship owner shall record matters determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, including the replacement of fuel oil, in the engineer's logbook in the event that the ship navigates in sulfur oxides emission control sea areas. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Each ship owner shall keep the engineer's logbook under paragraph (3) in the ship for one year from the time when the relevant fuel oil is supplied.
(5) Each ship owner shall keep a procedure manual stating the methods of conversion of fuel oil (hereinafter referred to as "fuel oil conversions procedure manual") in the ship, which must be followed by the ship using fuel oil containing different sulphur contents stored in different tanks to meet sulphur content standards for fuel oil referred to in paragraph (2) before entering or leaving sulphur oxide emission control sea areas. <Newly Inserted by Act No. 10803, Jun. 15, 2011>
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 Article 45 (Supply and Confirmation of Fuel Oil, etc.)   print
(1) No person in any of the following subparagraphs who supplies fuel oil to ships (hereinafter referred to as "ship oil supplier") shall supply ships with fuel oil which is below the quality determined by Presidential Decree or exceeds the sulfur content standards under Article 44 (1):
1. A person who is registered as a ship oil supplier under Article 26-3 of the Harbor Transport Business Act;
2. Fisheries Cooperatives supplying tax-free fuel oil for the fishing industry pursuant to Article 106-2 of the Restriction of Special Taxation Act.
(2) Any ship oil supplier shall prepare a fuel oil supply certificate in which sulfur component, etc. contained in the fuel oil is included, and provide a copy of such certificate to the ship owner together with a sample collected from the fuel oil concerned (hereinafter referred to as "fuel oil sample"): Provided, That the same shall not apply to fuel oil suppliers who supply fuel oil to small ships determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Any ship oil supplier (excluding those under the proviso to paragraph (2)) shall keep fuel oil supply certificates under paragraph (2) in his/her principal office for three years, and ship owners shall keep copies of fuel oil supply certificates in their ships for three years.
(4) Any ship owner shall keep fuel oil samples for the period of time from the date on which fuel oil is supplied to the time when fuel oil is consumed: Provided, That this period shall be one year if such period is less than one year.
(5) Necessary matters concerning the form of fuel oil supply certificate, management of fuel oil sample under paragraph (2), etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(6) The Minister of Land, Transport and Maritime Affairs may, when a foreign ship oil supplier falls under any of the following subparagraphs, take necessary measures, such as notification of the fact to the relevant administrative authority of the country to which the foreign ship oil supplier belongs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Cases where the foreign ship oil supplier supplies fuel oil which is below the quality standards under paragraph (1) or exceeds the sulfur content standards;
2. Cases where the foreign ship oil supplier is found to have supplied fuel oil different from that indicated in the fuel oil supply certificate.
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 Article 46 (Prohibition of Shipboard Incineration)   print
(1) No person shall incinerate things referred to in each of the following subparagraphs aboard ships while a ship is sailing or anchored: Provided, That the same shall not apply to cases of incinerating the substance under subparagraph 5 in a shipboard incinerator determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
1. Residues of oil and noxious liquids, and harmful substances in packaged form, which are carried as freight, and packing materials contaminated with such substances;
2. Poly chlorinated biphenyl;
3. Wastes containing heavy metals above the permissible levels as determined and published by the Minister of Land, Transport and Maritime Affairs;
4. Refined petroleum products containing halogen compounds;
5. Polyvinyl chloride;
6. Wastes brought from land;
7. Residues in exhaust fume filters.
(2) Any ship owner who intends to incinerate aboard the ship substances prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, among substances generated while the ship is sailing or anchored shall operate an incinerator installed on the ship (hereinafter referred to as "shipboard incinerator") by the method prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as maintaining an appropriate temperature to prevent the emission of air pollutants. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Notwithstanding paragraph (2), the substances prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, among substances generated while the ship is sailing or anchored may be incinerated in the main or auxiliary power plant or boiler on the ship: Provided, That the same shall not apply to the sea areas prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as harbors and fishing port zones. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Any shipboard incinerator shall be maintained in conformity with the criteria set by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 47 (Control of Emission of Volatile Organic Compounds, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs may determine and publish volatile organic compounds control ports in order to control the emission of volatile organic compounds from ships. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The owner of a marine facility who installs a facility to load volatile organic compounds-containing oil or noxious liquid substances determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs on a ship in a volatile organic compound control port designated pursuant to paragraph (1) shall install and operate an oil vapor emission control unit. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The owner of a marine facility under paragraph (2) shall, when installing an oil vapor emission control unit, receive the prior inspection of the Minister of Land, Transport and Maritime Affairs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That the same shall not apply to cases of air pollutant emission facilities, the installation of which is permitted or reported under Article 23 (1) of the Clean Air Conservation Act or volatile organic compounds emission facilities the installation of which is reported under Article 44 (1) of the same Act. <Amended by Act No. 8404, Apr. 27, 2007; Act No. 8852, Feb. 29, 2008>
(4) The owner of a marine facility who has installed an oil vapor emission control unit under paragraph (2) shall keep the records on the operation of the oil vapor emission control unit under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs for three years from the date on which the operation of such unit commences. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 47-2 (Management of Volatile Organic Compounds)   print
(1) The owner of an oiler transporting crude oil shall prepare a management plan which includes matters needed to minimize the emission of volatile organic compounds when loading the oiler with freight or unloading freight from the oiler or on a voyage (hereinafter referred to as "volatile organic compounds management plan") and keep such plan in the oiler after obtaining the approval seal from the Minister of Land, Transport and Maritime Affairs and shall observe such plan.
(2) Matters for ships subject to keeping volatile organic compounds management plans referred to in paragraph (1), matters to be recorded therein, matters for the procedure of the approval seal, and other matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 10803, Jun. 15, 2011]
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 Article 48 (Exclusion from Application)   print
The provisions of Articles 41 through 47 shall not apply to cases falling under any of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Cases where air pollutants are emitted unavoidably for the safety of ships and marine facilities, or for lifesaving;
2. Cases where air pollutants are emitted unavoidably due to damaged ships or marine facilities, etc.;
3. Cases where air pollutants prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs are emitted in the course of exploiting and excavating mineral resources on the seabed.
CHAPTER V INSPECTION OF SHIPS FOR PREVENTION OF MARINE POLLUTION, ETC.
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 Article 49 (Regular Inspections)   print
(1) The owner of a ship (hereinafter referred to as "ship subject to inspection") on which waste pollution prevention facilities, oil pollution prevention facilities, noxious liquid pollution prevention facilities and air pollution prevention facilities (hereinafter referred to as "marine pollution prevention facilities, etc.") are to be installed or in which hull under Article 26 (2) and cargo hold under Article 27 are to be installed or maintained shall receive an inspection (hereinafter referred to as "regular inspection") of the Minister of Land, Transport and Maritime Affairs when he intends to use marine pollution prevention facilities, hull and cargo hold (hereinafter referred to as "marine pollution prevention facilities, etc.") for the sailing for the first time after they are installed or when the term of validity under Article 56 expires. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall issue a certificate of marine pollution prevention inspection determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs to ships that pass a regular inspection. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 50 (Interim Inspections)   print
(1) The owner of a ship subject to inspection shall receive an inspection (hereinafter referred to as "interim inspection") of the Minister of Land, Transport and Maritime Affairs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs between regular inspections in addition to a regular inspection. <Amended by Act No. 8852, Feb. 29, 2008>
(2) With respect to ships which pass the interim inspection, the Minister of Land, Transport and Maritime Affairs shall indicate the result of the inspection in the certificate of marine pollution prevention inspection under Article 49 (2). <Amended by Act No. 8852, Feb. 29, 2008>
(3) The subdivision of the kinds of interim inspection and matters to be inspected shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 51 (Extraordinary Inspections)   print
(1) When the owner of a ship subject to inspection intends to replace, remodel or repair marine pollution prevention facilities, etc., he/she shall receive an inspection (hereinafter referred to as "extraordinary inspection") of the Minister of Land, Transport and Maritime Affairs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) With respect to ships which pass an extraordinary inspection, the Minister of Land, Transport and Maritime Affairs shall indicate the result of the inspection in a certificate of marine pollution prevention inspection under Article 49 (2). <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 52 (Inspection for Temporary Sailing)   print
(1) When the owner of a ship subject to inspection intends to temporarily use the ship for sailing before a certificate of marine pollution prevention inspection under Article 49 (2) is issued to him/her, he/she shall receive an inspection (hereinafter referred to as the "inspection for temporary sailing") of the Ministry of Land, Transport and Maritime Affairs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs with respect to the marine pollution prevention facilities, etc. concerned. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall issue a temporary certificate of marine pollution prevention inspection determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs to ships which have passed an inspection for temporary sailing. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 53 (Anti-Fouling System Inspection)   print
(1) When the owner of a ship prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs intends to use an anti-fouling system for sailing after installing it on the ship pursuant to Article 40 (2), he/she shall receive an inspection (hereinafter referred to as "antifouling system inspection") of the Minister of Land, Transport and Maritime Affairs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall issue a certificate of anti-fouling system inspection determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs to the ships which pass an anti-fouling system inspection. <Amended by Act No. 8852, Feb. 29, 2008>
(3) When the owner of a ship under paragraph (1) intends to modify or replace an anti-fouling system, he/she shall receive an inspection (hereinafter referred to as "temporary anti-fouling system inspection") of the Minister of Land, Transport and Maritime Affairs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(4) With respect to the ships which pass the temporary anti-fouling system inspection, the Minister of Land, Transport and Maritime Affairs shall indicate the result of the inspection in the certificate of anti-fouling system inspection under paragraph (2). <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 54 (Preliminary Inspections of Air Pollution Prevention Facilities, etc.)   print
(1) Any person who intends to manufacture, remodel, repair, maintain or import air pollution prevention facilities prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs may receive an inspection (hereinafter referred to as "preliminary inspection") of the Minister of Land, Transport and Maritime Affairs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall deliver a preliminary inspection certificate determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs to air pollution prevention facilities which pass the preliminary inspection. <Amended by Act No. 8852, Feb. 29, 2008>
(3) With respect to air pollution prevention facilities which have passed a preliminary inspection, a regular inspection, interim inspection, extraordinary inspection and inspection for temporary sailing under Articles 49 through 52 may be omitted in whole or in part under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Necessary matters concerning the items of preliminary inspection, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 55 (Issuance of Inspection Certificate under International Conventions, etc.)   print
(1) When the owner or master of a ship which passed a regular inspection, interim inspection, extraordinary inspection, inspection for temporary sailing and anti-fouling system inspection (hereinafter referred to as "marine pollution prevention ship inspections") requests the delivery of an inspection certificate (hereinafter referred to as "inspection certificate under international convention") in compliance with an international convention on marine pollution prevention in order to use the ship for an international voyage, the Minister of Land, Transport and Maritime Affairs shall issue an inspection certificate under international convention under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) In cases where a ship owner or a ship master intends to receive an inspection certificate under international convention directly from the government of a foreign country which is a party to the international convention (hereinafter referred to as "party to the convention"), he/she shall make an application for it through the Korean consul residing in the country concerned.
(3) The Minister of Land, Transport and Maritime Affairs may, in cases where the government of a country which is a party to the convention requests for the issuance of an inspection certificate under the convention to a ship belonging to the country, conduct the marine pollution prevention ship inspections with respect to the ship concerned and issue an inspection certificate under the convention to the ship owner or ship master. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Any inspection certificate under the convention delivered pursuant to paragraphs (1) through (3) shall be deemed to have the same effect as that of a marine pollution prevention inspection certificate and antifouling system inspection certificate.
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 Article 56 (Term of Validity of Marine Pollution Prevention Inspection Certificate, etc.)   print
(1) The term of validity of marine pollution prevention inspection certificate and inspection certificate under the convention (excluding the anti-fouling system inspection certificate) shall be five years.
(2) The Minister of Land, Transport and Maritime Affairs may extend the term of validity of the certificate of marine pollution prevention inspection and inspection certificate under the convention under paragraph (1) within the scope determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The term of validity of the certificate of marine pollution prevention inspection and inspection certificate under the convention of a ship which failed to pass the interim inspection or extraordinary inspection shall be suspended until he/she passes an inspection concerned.
(4) The criteria for and method of computing the term of validity under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 57 (Voyage of Ships to which Certificate of Marine Pollution Prevention Inspection, etc. is not Issued, etc.)   print
(1) No ship owner shall operate any ship for navigation, which is subject to inspection and fails to receive certificate of marine pollution prevention inspection, certificate of temporary marine pollution prevention inspection or certificate of anti-fouling system inspection: Provided, That the same shall not apply to cases where such ship makes a voyage in order to receive the marine pollution prevention inspections, or ship inspections under Articles 7 through 12 of the Ship Safety Act.
(2) No ship owner shall operate any ship to which an inspection certificate under the convention is not issued for international voyage.
(3) No ship owner shall operate any ship for voyage (including international voyage) in a manner in breach of the conditions indicated in the relevant certificate of marine pollution prevention inspection, certificate of temporary marine pollution prevention inspection, certificate of antifouling system inspection and inspection certificate under the convention (hereinafter referred to as "marine pollution prevention inspection certificate, etc.") thereof: Provided, That the same shall not apply to cases of operating a ship for the purpose of receiving a marine pollution prevention ship inspection, or a ship inspection under Articles 7 through 12 of the Ship Safety Act.
(4) Any ship owner to whom a certificate of marine pollution prevention inspection, etc. is issued shall keep the marine pollution prevention inspection certificate, etc. in the ship.
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 Article 58 (Measures against Unfit Ships)   print
(1) Where the Minister of Land, Transport and Maritime Affairs deems that marine pollution prevention facilities, etc. and anti-fouling systems are noncompliant with the installation standards or technical standards under Articles 25 (1), 26 (1) and (2), 27 (1) and (2), 40 (2) and 41 (1), he/she shall order the owner of the ship concerned to replace, remodel, change or repair the marine pollution prevention facilities, etc. and antifouling systems or take other necessary measures. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where a ship owner intends to use or uses the ship continuously without performing the order such as the replacement due to material defect of marine pollution prevention facilities, etc. and anti-fouling systems from among the orders for improvement under paragraph (1), the Minister of Land, Transport and Maritime Affairs may suspend the voyage of such ship: Provided, That the same shall not apply where any justifiable ground exists such as the voyage of the ship to a harbor in which the repair may be conducted in order to perform the orders for improvement without any fear of marine pollution . <Amended by Act No. 9872, Dec. 29, 2009>
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 Article 59 (Port State Control for Marine Pollution Prevention)   print
(1) The Minister of Land, Transport and Maritime Affairs may, when the marine pollution prevention facilities, etc. and anti-fouling systems which are installed on foreign ships in the harbors, ports or coastal areas of Korea are noncompliant with the technical standards under an international convention on marine pollution prevention, order the master of the ship to replace, remodel, change or repair the marine pollution prevention facilities, etc. and anti-fouling systems or take other necessary measures (hereinafter referred to as "port state control"). <Amended by Act No. 8852, Feb. 29, 2008>
(2) The provisions of Articles 68 through 70 of the Ship Safety Act shall apply to procedures necessary for the enforcement of port state control.
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 Article 60 (Re-inspections)   print
(1) When a person who has received a marine pollution prevention ship inspections and preliminary inspection has an objection to the results of such inspections, he/she may apply for re-inspection to the Minister of Land, Transport and Maritime Affairs with the grounds thereof within 90 days from the date on which he/she receives such result. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she receives an application for re-inspection pursuant to paragraph (1), have a public official under his/her control to conduct re-inspection and notify the applicant of the result thereof within 60 days: Provided, That when any unavoidable circumstance exists otherwise, the notice's deadline may be extended within the scope of 30 days. <Amended by Act No. 8852, Feb. 29, 2008>
(3) No person who has an objection to a marine pollution prevention ship inspection and preliminary inspection shall be able to institute an administrative litigation, unless he/she undergoes a reinspection under paragraphs (1) and (2): Provided, That the same shall not apply to cases falling under Article 18 (2) and (3) of the Administrative Litigation Act.
CHAPTER VI MEASURES FOR RESPONSE TO MARINE POLLUTION
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 Article 61 (Establishment and Implementation of National Emergency Pollution Response Plan)   print
(1) The Commissioner General of the Korea Coast Guard shall establish and implement a national emergency pollution response plan for the prevention of, or response to marine pollution under the conditions as prescribed by Presidential Decree in preparation for cases where a pollutant determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs is feared to be or is discharged into the sea. In such cases, the Commissioner General of the Korea Coast Guard shall listen to the opinion of the Minister of Land, Transport and Maritime Affairs in advance. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The national emergency pollution response plan shall be confirmed through the deliberation of the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development. <Amended by Act No. 9454, Feb. 6, 2009>
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 Article 62 (Establishment of Pollution Response Headquarters, etc.)   print
(1) The Commissioner General of the Korea Coast Guard shall take the overall command over emergency pollution response to marine pollution accidents and may establish pollution response headquarters under the control of the Korea Coast Guard therefor. <Amended by Act No. 10803, Jun. 15, 2011>
(2) The Commissioner General of the Korea Coast Guard shall, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, report to the Minister of Land, Transport and Maritime Affairs on actions taken by pollution response headquarters established pursuant to paragraph (1) and the results thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(3) Matters necessary for the composition, operation, etc. of pollution response headquarters under paragraph (1) shall be determined by Presidential Decree. <Amended by Act No. 10803, Jun. 15, 2011>
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 Article 63 (Duty to Report in Cases where Pollutants are Discharged)   print
(1) In cases where a pollutant exceeding the permissible emission level prescribed by Presidential Decree is discharged or feared to be discharged into the sea, persons falling under any of the following subparagraphs shall make a report thereon to the Commissioner General of the Korea Coast Guard or the chief of the coast guard office concerned without delay:
1. The master of a ship or the manager of a marine facility which is loaded with the pollutant, which is discharged or is feared to be discharged. In such cases, the same shall not apply to cases where a person who has committed an act which resulted in the discharge of pollutants from the ship or marine facility concerned makes a report thereon;
2. A person who has committed an act which resulted in the discharge of pollutants;
3. A person who has discovered discharged pollutants.
(2) Necessary matters concerning the procedure of reporting, matters to be reported, etc. under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 64 (Pollution Response Measures in Cases where Pollutants are Discharged)   print
(1) Any person who falls under Article 63 (1) 1 and 2 (hereinafter referred to as "person responsible for pollution response") shall take the measures in each of the following subparagraphs (hereinafter referred to as "measures for pollution response measures") against discharged pollutants, as prescribed by Presidential Decree:
1. Prevention of discharge of pollutants;
2. Prevention of spread of discharged pollutants and removal thereof;
3. Collection and disposal of discharged pollutants.
(2) In cases where a pollutant is discharged from a ship located in a harbor or in a sea area adjacent to a harbor, persons falling under any of the following subparagraphs shall actively cooperate in the pollution response measures taken by the person responsible for pollution response:
1. In cases where the harbor concerned is a harbor used for loading the discharged pollutant, the consignor of the pollutant concerned;
2. In cases where the harbor concerned is a harbor used for unloading the discharged pollutant, the consignee of the pollutant concerned;
3. In cases where the pollutant is discharged while the ship is at her moorings, the manager of mooring facilities concerned;
4. Other person who has committed an act related to the cause of the discharge of the pollutant.
(3) The Commissioner General of the Korea Coast Guard may, when a person responsible for pollution response fails to voluntarily take pollution response measures, order such person to take pollution response measures, fixing a deadline.
(4) The Commissioner General of the Korea Coast Guard may, when a person responsible for pollution response fails to comply with an order for taking pollution response measures under paragraph (3), directly take pollution response measures. In such cases, the expenses incurred in such pollution response measures shall be borne by the person responsible for pollution response, as prescribed by Presidential Decree.
(5) The provisions of Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply to the collection of expenses incurred in directly taking pollution response measures pursuant to paragraph (4).
(6) Materials and chemicals which are used for pollution response measures taken against pollutants pursuant to paragraphs (1) through (4) shall be type-approved, authorized and recognized pursuant to Article 110 (4), (6) and (7) or authorized pursuant to Article 110-2 (3): Provided, That the same shall not apply to materials used for pollution response measures against pollutants, which are needed for emergency pollution response measures and recognized by the Commissioner General of the Korea Coast Guard that such materials do not affect the marine environment. <Newly Inserted by Act No. 10803, Jun. 15, 2011>
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 Article 65 (Measures to be Taken in Cases where Pollutants are Feared to be Discharged, etc.)   print
(1) The owner or master of a ship or the owner of a marine facility shall, in cases where pollutants are feared to be discharged from the ship or marine facility as a result of accidents, such as stranding, collision or conflagration of the ship or marine facility, take measures for the prevention of discharge of pollutants under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The provisions of Article 64 (3) and (4) shall apply mutatis mutandis to the measures for the prevention of discharge of pollutants under paragraph (1). In such cases, "person responsible for pollution response" shall be deemed "owner or master of a ship or the owner of a marine facility."
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 Article 66 (Keeping of Materials and Chemicals, etc.)   print
(1) The port management authority and owners of ships and marine facilities shall keep and retain materials and chemicals used for pollution response against or prevention of pollutants in storage facilities or in the relevant ships and marine facilities. <Amended by Act No. 10803, Jun. 15, 2011>
(2) Materials and chemicals to be kept and retained pursuant to paragraph (1) shall be type-approved, authorized and recognized pursuant to Article 110 (4), (6) and (7) or authorized pursuant to Article 110-2 (3). <Amended by Act No. 10803, Jun. 15, 2011>
(3) Necessary matters concerning the kinds, quantity, methods of keeping, and storage facilities of materials and chemicals to be kept and retained pursuant to paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
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 Article 67 (Placement, etc. of Pollution Response Vessels, etc.)   print
(1) The owner of a ship or a marine facility falling under any of the following subparagraphs shall place or install pollution response vessels or pollution response equipment (hereinafter referred to as "pollution response vessels, etc.") in sea areas determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in accordance with the criteria set by Presidential Decree in preparation for marine spill accidents: <Amended by Act No. 8852, Feb. 29, 2008>
1. An oiler with a total capacity of not less than 500 tonnages;
2. A ship with a total capacity of not less than 10,000 tonnages (limited to ships excluding oilers);
3. An oil storage facility with a storage capacity of not less than 10,000 kiloliters, registered as a marine facility.
(2) Any person who is required to place or install pollution response vessels, etc. pursuant to paragraph (1) (hereinafter referred to as "person responsible for placement") may jointly place or install pollution response vessels, etc. or entrust the placement or installation thereof to the Korea Marine Environment Management Corporation under Article 96 (1) under the conditions as prescribed by Presidential Decree.
(3) The Commissioner General of the Korea Coast Guard may issue to the persons who fail to place or install pollution response vessels, etc. orders for the prohibition of ships' entry into or departure from ports or suspension of the use of facilities.
(4) The Commissioner General of the Korea Coast Guard shall, in cases where pollutants are discharged or feared to be discharged from the ships or marine facilities under paragraph (1), have a person responsible for placement take pollution response measures and measures for the prevention of discharge under Article 65. In such cases, when a person responsible for placement jointly places or installs pollution response vessels, etc. or entrusts the placement or installation thereof to the Korea Marine Environment Management Corporation pursuant to paragraph (2), he/she shall have the joint placer or installer, or the Korea Marine Environment Management Corporation jointy take pollution response measures and measures for the prevention of discharge.
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 Article 68 (Pollution Response Measures and Costs of Bearing by Administrative Organs)   print
(1) Where it is deemed that it is difficult to prevent large-scale spread of pollutants only by pollution response measures taken by the person responsible for pollution response or that the emergency pollution response is required, the Commissioner General of the Korea Coast Guard shall directly take pollution response measures. <Amended by Act No. 10803, Jun. 15, 2011>
(2) Notwithstanding paragraph (1), the heads of the relevant local governments or administrative agencies as classified in the following subparagraphs shall take pollution response measures against oil stuck to pebbles, sand, etc. on the shore: <Newly Inserted by Act No. 10803, Jun. 15, 2011>
1. When oil affects shores under the jurisdiction of the head of one Si/Gun/Gu (referring to heads of autonomous Gus; hereinafter the same shall apply) only: The head of the relevant Si/Gun/Gu;
2. When oil affects shores under the jurisdictions of the heads of not less than two Sis/Guns/Gus: The relevant City Mayor/Do Governor. In such cases, when oil affects shores under the jurisdictions of not less than two City Mayors/Do Governors, the respective City Mayors/Do Governors having their own jurisdictions;
3. Pollution response measures for shores in which military facilities and other facilities prescribed by Presidential Decree are installed: The head of the relevant facility management institution.
(3) When a head of a Si/Gun/Gu or a City Mayor/Do Governor takes pollution response measures referred to in paragraph (2), the Commissioner General of the Korea Coast Guard shall support him/her with materials, chemicals, pollution response equipment, personnel and technology, etc. used for pollution response. <Newly Inserted by Act No. 10803, Jun. 15, 2011>
(4) The expenses incurred in taking pollution response measures under paragraphs (1) and (2) may be borne by the owner of a ship or marine facility as prescribed by Presidential Decree: Provided, That the same shall not apply to cases falling under the conditions as prescribed by Presidential Decree, including natural disasters. <Amended by Act No. 10803, Jun. 15, 2011>
(5) The provisions of Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply to the collection of expenses borne pursuant to paragraph (4). <Amended by Act No. 10803, Jun. 15, 2011>
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 Article 69 (Pollution Response Contributions)   print
(1) Any person responsible for placement shall pay pollution response contributions required for marine pollution response measures, such as pollution response measures and measures for the prevention of discharge against oil spill accidents, etc.
(2) Pollution response contributions under paragraph (1) shall be used for the businesses under Article 97 (1) 3.
(3) Pollution response contributions under paragraph (1) shall be paid to the Korea Marine Environment Management Corporation under Article 96 (1), and necessary matters concerning the criteria and procedure for the imposition of pollution response contributions under paragraphs (1) and (2) and others shall be determined by Presidential Decree.
CHAPTER VII MARINE ENVIRONMENTAL MANAGEMENT BUSINESS, ETC.
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 Article 70 (Marine Environment Management Business)   print
(1) Any person who intends to conduct a business falling under any of the following subparagraphs (hereinafter referred to as "marine environmental management business") shall be registered with the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard under the conditions as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008>
1. Ocean waste discharge business: A business dumping wastes into the sea with ships, facilities and equipment needed for ocean dumping;
2. Marine pollution prevention business: A business removing pollutants which are discharged or feared to be discharged into the sea with facilities and equipment needed for the removal of pollutants;
3. Oil hold cleaning business: A business cleaning the oil holds of ships or collecting the pollutants therefrom with facilities and equipment needed for the collection of pollutants determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which are generated in the course of cleaning the oil holds of the ships or on the ships;
4. Ocean waste collection business: A business collecting wastes with ships, equipment and facilities needed for the collection of wastes floating on the water surface or deposited on the seabed;
5. Deposited pollutants collection business: A business dredging or collecting deposited pollutants with ships, equipment and facilities needed for dredging and collecting deposited pollutants.
(2) Any person who intends to register a marine environmental management business shall have technical capabilities in the area under the conditions as prescribed by Presidential Decree, and have ships, equipment, facilities, etc. determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) When a person who has been registered as a marine environmental management business pursuant to paragraph (1) (hereinafter referred to as "marine environmental management business operator") intends to change important registered matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she shall register for change under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 70-2 (Assistance Measures, etc. for Ocean Waste Discharge Business Operators)   print
(1) When an ocean waste discharge business operator referred to in Article 70 (1) 1 closes down business due to grounds prescribed by Presidential Decree, such as prohibition of discharge of land-based wastes into the sea, the Minister of Land, Transport and Maritime Affairs may formulate and execute assistance measures, such as arrangement of alternative business, payment of business closure assistance funds, and arrangement of loans.
(2) Matters necessary for assistance measures referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 11479, Jun. 1, 2012]
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 Article 71 (Grounds for Disqualification)   print
No person who falls under any of the following subparagraphs shall register a marine environmental management business:
1. An incompetent or quasi-incompetent;
2. A bankrupt who has not yet been reinstated;
3. A person who has been sentenced to imprisonment with prison labor or heavier punishment for violating this Act and for whom one year has not elapsed since the termination (including cases where execution is deemed to have been terminated) of or exemption from the execution of such punishment was made definite;
4. A person for whom one year has not passed since the registration of a marine environmental management business was cancelled;
5. A corporation to which any officer falling under any of subparagraphs 1 through 4 belongs.
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 Article 72 (Duty of Marine Environmental Management Business Operators)   print
(1) Any marine environment management business operator shall prepare a statement of disposing results with respect to ocean waste dumping, removal of pollutants, cleaning and collection of pollutants, collection of floating or deposited wastes, and dredging and collection of accumulated pollutants, etc. and submit it to the Minister of Land, Transport and Maritime Affairs or to the Commissioner General of the Korea Coast Guard, and shall prepare a ledger of such disposal and keep it in the ship or facility concerned. <Amended by Act No. 8852, Feb. 29, 2008>
(2) When a marine environmental management business operator collects pollutants from ships, or marine facilities, etc., he/she shall prepare a certificate of pollutants collection confirmation, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and deliver it to the relevant pollutants entrusting person. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Each ocean waste discharge business operator shall, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, keep and manage wastes subject to ocean dumping and discharge wastes into the sea pursuant to the proviso to Article 23 (1), and shall prepare a waste transfer/takeover form prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and submit it to the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
(4) Necessary matters concerning the method of preparation of and the period for keeping the statement of disposal results, the ledger of disposal, a pollutants collection confirmation certificate and waste transfer/takeover form under paragraphs (1) through (3) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 73 (Orders for Disposal of Entrusted Wastes, etc.)   print
In cases where a marine environment management business operator (including cases of suspended or closed businesses) leaves neglected pollutants requiring his/her disposal such as wastes the disposal of which is entrusted to him/her without disposing thereof under this Act, the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard may issue an order for the appropriate disposal thereof under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 74 (Succession, etc. of Marine Environmental Management Business)   print
(1) When a marine environmental management business operator transfers his/her business to any other person or has died, or there is a merger with any other corporation, the transferee or successor of the business, or the corporation surviving the merger or the corporation newly established by the merger shall succeed to the rights and duties concerned.
(2) Any person who totally takes over the installations or facilities of a marine environmental management business operator in accordance with an auction under the Civil Execution Act, conversion under the Debtor Rehabilitation and Bankruptcy Act, sale of seized property under the National Tax Collection Act, Customs Act or Framework Act on Local Taxes, or other procedures equivalent thereto shall succeed to the duties and rights concerned. <Amended by Act No. 10219, Mar. 31, 2010>
(3) Any person who succeeds to the duties and rights of a marine environmental management business operator pursuant to paragraphs (1) and (2) shall report thereon to the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard, as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs within one month. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Article 71 shall apply mutatis mutandis to succession under paragraphs (1) and (2).
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 Article 75 (Cancellation, etc. of Registration)   print
(1) The Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard may, when a marine environmental management business operator falls under any of the following subparagraphs, cancel the registration thereof or order the suspension of business (including the suspension of use of transportation ships or storage facilities only), fixing a period of not longer than six months: Provided, That in cases falling under any of subparagraphs 1 through 4, he/she shall cancel such registration: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
1. When the marine environmental management business operator falls under any of the subparagraphs of Article 71: Provided, That the same shall not apply to cases where a corporation which has officers falling under any of subparagraphs 1 through 4 of Article 71 has replaced such officers within six months;
2. Cases where such registration or registration for changes is made or has been made by falsehood or by other unjust methods;
3. Cases where the marine environment management business operator was subject to a disposition of suspension of business on two or more occasions in a year;
4. Cases where the marine environment management business operator conducted business during the period of business suspension;
5. Cases where the marine environment management business operator fails to conduct registered matters without any justifiable ground;
6. Cases where the marine environment management business operator violates any duty under Article 72;
7. Cases where the marine environment management business operator fails or refuses to comply with an order under Article 73;
8. Cases where the marine environment management business operator fails to conduct business within one year after registration or has no business performance for one or more years continuously.
(2) Detailed criteria for administrative dispositions under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in consideration of the type, degree, etc. of the relevant offense. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 76 (Duties, etc. of Waste Disposal Entrusting Person)   print
(1) Any person who intends to entrust the disposal of waste to an ocean waste discharge business operator shall make a report thereon to the Minister of Land, Transport and Maritime Affairs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, the same shall apply to cases where it is intended to change important reported matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any person who reports the entrustment of waste for disposal pursuant to paragraph (1) (hereinafter referred to as a "waste disposal entrusting person") shall measure the ingredients, concentration, weight and volume of the waste he/she intends to entrust for disposal under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and entrust the disposal thereof in conformity with the criteria for and method of disposal prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Any waste disposal entrusting person may have a person who has the capability to measure waste under the conditions as prescribed by Presidential Decree vicariously execute the duty to measure the ingredients, concentration, weight and volume of waste under paragraph (2).
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 Article 76-2 (Electronic Processing of Contents, etc. of Waste Transfer/Takeover)   print
(1) The Minister of Land, Transport and Maritime Affairs may construct and operate an electronic information processing system in order to systematically and efficiently manage information on ocean waste discharge.
(2) Where an ocean waste discharge business operator from among marine environmental management business operators submits a statement of disposing results under Article 72 (1) and a waste transfer/takeover form under Article 72 (3) by using an electronic information processing system under paragraph (1), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she shall be deemed to perform the obligation to submit and keep the relevant data.
[This Article Newly Inserted by Act No. 9872, Dec. 29, 2009]
CHAPTER VIII MARINE POLLUTION IMPACT SURVEYS
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 Article 77 (Marine Pollution Impact Surveys)   print
(1) In cases where a pollutant is discharged into the sea from a ship or marine facility in a quantity above the quantity prescribed by Presidential Decree, the owner of the ship or marine facility shall have a marine pollution impact survey institution conduct a marine pollution impact survey.
(2) Marine pollution impact survey institutions under paragraph (1) shall be designated and published by the Minister of Land, Transport and Maritime Affairs in accordance with the criteria set by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs shall, in cases where a person who is supposed to conduct a marine pollution impact survey pursuant to paragraph (1) fails to implement it within the period of time prescribed by Presidential Decree or it is deemed necessary to conduct a survey urgently under the conditions as prescribed by Presidential Decree, have a separately selected survey institution conduct the marine pollution impact survey. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister of Land, Transport and Maritime Affairs shall, in cases where he/she intends to have a separate marine pollution impact survey conducted pursuant to paragraph (3), go through the deliberation of the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9454, Feb. 6, 2009>
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 Article 78 (Areas and Subject Matters of Marine Pollution Impact Survey)   print
The marine pollution impact survey shall be conducted in areas to be adversely affected by pollutants such as the natural environment, living environments, and socio-economic environments, and detailed survey subject matters in each area shall be determined by Presidential Decree.
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 Article 79 (Collection of Residents' Opinions)   print
(1) Any marine pollution impact survey institution shall, when preparing a survey report on marine pollution impacts (hereinafter referred to as "marine pollution impact survey report"), hold an explanatory meeting or public hearing in advance to collect the opinions of the residents living in the area subject to the survey and include them in the marine pollution impact survey report.
(2) Any marine pollution impact survey institution shall, when it intends to collect residents' opinions pursuant to paragraph (1), draft a marine pollution impact survey report and enable the residents to confirm the draft report in advance.
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 Article 80 (Cost of Survey)   print
(1) The costs incurred in conducting a marine pollution impact survey under Article 77 (1) and (3) shall be borne by the owner of a ship or marine facility which caused a marine pollution accident under the conditions as prescribed by Presidential Decree: Provided, That the same shall not apply to cases falling under natural disasters and other causes prescribed by Presidential Decree.
(2) The collection of costs to be incurred in a marine pollution impact survey under Article 77 (3) shall comply with the examples of dispositions on national taxes in arrears.
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 Article 81 (Grounds for Disqualification of Survey Institution)   print
No person who falls under any of the following subparagraphs shall be designated as a marine pollution impact survey institution: <Amended by Act No. 10803, Jun. 15, 2011>
1. An incompetent or quasi-incompetent;
2. A bankrupt who has not yet been reinstated;
3. A person for whom two years have not passed since the cancellation of designation as a marine pollution impact survey institution;
4. A person who has been sentenced to imprisonment without prison labor for violating this Act, the Water Quality and Aquatic Ecosystem Conservation Act, or the Clean Air Conservation Act and for whom two years have not yet passed since the termination of (including cases where the execution is deemed to have been terminated) or exemption from the execution of the sentence was made final and conclusive;
5. A corporation the representative of which falls under any of subparagraphs 1 through 4.
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 Article 82 (Cancellation of Designation of Survey Institution, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs may, when a marine pollution impact survey institution falls under any of the following subparagraphs, cancel the designation concerned or issue an order for business suspension, fixing a period of not longer than one year: Provided, That he/she shall cancel the designation concerned when such institution falls under subparagraphs 1 through 4: <Amended by Act No. 8852, Feb. 29, 2008>
1. When the marine pollution impact survey institution is designated by falsehood or by other unjust methods;
2. When the marine pollution impact survey institution fails to meet the criteria for designation under Article 77 (2);
3. When the marine pollution impact survey institution falls under any of the subparagraphs of Article 81: Provided, That the same shall not apply to cases where the representative director of a corporation who falls under any of subparagraphs 1 through 4 of Article 81 is replaced within six months;
4. When the marine pollution impact survey institution is subject to a disposition of business suspension on two or more occasions a year;
5. When the marine pollution impact survey institution lends its authority to any other person or contracts out a marine pollution impact survey to a subcontractor en bloc;
6. When the marine pollution impact survey institution conducts a marine pollution impact survey unfaithfully intentionally or by gross negligence.
(2) The detailed criteria for the administrative dispositions under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in consideration of the type, degree, etc. of offense concerned. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 83 (Continuation of Business of Marine Pollution Impact Survey Institution Subject to Cancellation of Designation or Business Suspension)   print
(1) Any marine pollution impact survey institution that is subject to a disposition of cancellation of designation or business suspension pursuant to Article 82 may continue its surveying limited to the marine pollution impact surveys the contracts of which were concluded before it is subject to such dispositions.
(2) Any marine pollution impact survey institution that continues its impact survey pursuant to paragraph (1) shall be deemed a marine pollution impact survey institution under this Act until it completes such business.
CHAPTER IX CONSULTATION ON UTILIZATION OF SEA AREAS
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 Article 84 (Consultation on Utilization of Sea Areas)   print
(1) The head of an administrative agency who intends to grant a license, permission, designation, etc. (hereinafter referred to as "license, etc.") falling under any of the following subparagraphs (hereinafter referred to as a "disposing government organ") shall consult with the Minister of Land, Transport and Maritime Affairs in advance on the propriety of utilization of sea areas and on impacts on the marine environment, as prescribed by Presidential Decree before granting such license, etc. (hereinafter referred to as "consultation on utilization of sea areas"). In such cases, the business subject to the sea area utilization impact assessment under Article 85 (1) shall be deemed to have undergone the consultation on utilization of sea areas: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10272, Apr. 15, 2010>
1. Permission for the occupancy or use of public waters under Article 8 of the Public Waters Management and Reclamation Act (excluding the permission for the occupancy or use of public waters following the permission for the extraction of marine aggregates and designation of marine aggregate complexes under subparagraphs 5 and 6) and the license for reclamation of public waters under Article 28 of the same Act;
2. Deleted; <by Act No. 10272, Apr. 15, 2010>
3. The license for fishing industries under Article 8 of the Fisheries Act: Provided, That this shall apply only to the license for fishing industries in sea areas prescribed by Presidential Decree;
4. Designation of marine aggregate extraction-scheduled areas under Article 21-2 of the Aggregate Extraction Act;
5. Permission for the extraction of marine aggregates under Article 22 of the Aggregate Extraction Act;
6. Designation of marine aggregate extraction complexes under Article 34 of the Aggregate Extraction Act.
(2) Even where other Acts stipulate to consider the permission for occupancy or use or license for reclamation of public waters under the Public Waters Management and Reclamation Act to have been granted, the process of consultation on the utilization of sea areas shall be gone through in the application of paragraph (1) 1 and 2: Provided, That this shall not apply to cases related to any of the following: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10272, Apr. 15, 2010>
1. Business for emergency measures under Article 37 of the Framework Act on the Management of Disasters and Safety;
2. Business on which the Minister of National Defense consults with the Minister of Land, Transport and Maritime Affairs as it is deemed necessary for the protection of confidentiality for military purposes or for the urgent performance of military operations, and which is determined and published by the Minister of Land, Transport and Maritime Affairs.
(3) When a disposing government organ intends to consult on the utilization of sea areas with the Minister of Land, Transport and Maritime Affairs pursuant to paragraph (1), it shall submit a sea area utilization consultation form determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(4) A disposing government organ may allow a person (hereinafter referred to as "sea area utilization business operator") who intends to conduct business subject to a license, etc. (hereinafter referred to as "business subject to licensing"), which is subject to consultation on the utilization of sea areas pursuant to paragraph (1), to submit a separate form for sea area utilization consultation and may submit it in lieu of a sea area utilization consultation form referred to in paragraph (3). <Amended by Act No. 10803, Jun. 15, 2011>
(5) Each sea area utilization business operator may allow assessment agents referred to in Article 86 (1) on behalf of him/her to prepare sea area utilization consultation forms submitted to disposing government organs pursuant to paragraph (4). <Newly Inserted by Act No. 10803, Jun. 15, 2011>
(6) Necessary matters for the timing of consultation on utilization of sea areas, and for the method, etc. of preparing a sea area utilization consultation form under paragraphs (3) and (4) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
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 Article 85 (Sea Area Utilization Impact Assessments)   print
(1) When a disposing government organ consults on the utilization of sea areas with the Minister of Land, Transport and Maritime Affairs pursuant to Article 84, if the relevant business subject to licensing involves any of the following acts, the scale of which is equal to or larger than the scale prescribed by Presidential Decree, it shall request the Minister of Land, Transport and Maritime Affairs to assess the impacts of such act on the marine environment (hereinafter referred to as "sea area utilization impact assessment"): Provided, That the businesses prescribed by Presidential Decree, from among businesses subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act, shall be excluded: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9037, Mar. 28, 2008; Act No. 9872, Dec. 29, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10803, Jun. 15, 2011; Act No. 10892, Jul. 21, 2011; Act No. 11479, Jun. 1, 2012>
1. Dredging or digging the bottom of the public waters referred to in Article 8 (1) 3 of the Public Waters Management and Reclamation Act:
2. Extracting earth, sand, or stone in the public waters referred to in Article 8 (1) 6 of the Public Waters Management and Reclamation Act;
3. Affecting the depth of the public waters, by throwing away earth and stone into the public waters referred to in Article 8 (1) 8 of the Public Waters Management and Reclamation Act;
4. Extracting submarine minerals referred to in subparagraph 1 of Article 2 of the Submarine Mineral Resources Development Act;
5. Extracting minerals referred to in subparagraph 1 of Article 3 of the Mining Industry Act from the public waters;
6. Using and developing deep sea water referred to in subparagraph 1 of Article 2 of the Development and Management of Deep Sea Water Act;
7. Extracting marine aggregates from among the extraction of aggregates under Article 22 of the Aggregate Extraction Act;
8. Designating as marine aggregate extraction complexes under Article 34 of the Aggregate Extraction Act;
9. Other acts prescribed by Presidential Decree, which affect the marine environment.
(2) Where a disposing government organ requests a sea area utilization impact assessment from the Minister of Land, Transport and Maritime Affairs, it shall also submit a statement on sea area utilization impact assessment prepared by a person who intends to conduct a business subject to licensing which becomes subject to the sea area utilization impact assessment under each subparagraph of paragraph (1) (hereinafter referred to as "business operator subject to assessment"), as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Where a business operator subject to assessment prepares a statement on sea area utilization impact assessment pursuant to paragraph (2), he/she shall hold an explanatory meeting or public hearing, as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and take necessary procedures, including the collection of opinions of interested persons: Provided, That where business subject to sea area utilization impact assessment referred to in the main sentence of paragraph (1) is conducted in a sea area prescribed by Presidential Decree, he/she shall listen to the opinions of the Minister for Food, Agriculture, Forestry and Fisheries and include them in the statement on sea area utilization impact assessment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(4) Where a business operator subject to assessment prepares a statement on sea area utilization impact assessment pursuant to paragraph (2), he/she may allow an assessment agent under Article 86 (1) to do so on his/her behalf.
(5) Necessary matters concerning the details, method of preparation, etc. of a statement on sea area utilization impact assessment shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 86 (Registration, etc. of Assessment Agents)   print
(1) Any person who intends to conduct business as an agent to prepare sea area utilization consultation forms referred to in Article 84 (5) and statements on sea area utilization impact assessment referred to in Article 85 (4) (hereinafter referred to as "sea area utilization consultation form, etc.") shall file for registration with the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree, being equipped with the technical capabilities, facilities and equipment prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, the same shall apply to cases where a person as an agent whose business has been registered to prepare sea area utilization consultation forms, etc. (hereinafter referred to as "assessment agent") intends to change significant matters determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, among the matters already registered. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(2) When an assessment agent who intends to close down business, he/she shall notify the Minister of Land, Transport and Maritime Affairs of such fact. <Newly Inserted by Act No. 11479, Jun. 1, 2012>
(3) Necessary matters concerning the procedure for registration of assessment agents, the issuance of their certificates of registration, the procedure for notification of their closure of business, etc, which are referred to in paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
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 Article 87 (Grounds for Disqualification)   print
No person who falls under any of the following subparagraphs shall be registered as an assessment agent:
1. An incompetent or quasi-incompetent;
2. A bankrupt who has not yet been reinstated;
3. A person for whom two years have not passed since the cancellation of registration of assessment agent;
4. A person who has been sentenced to imprisonment with prison labor or heavier punishment for violating this Act and for whom two years have not passed since the termination (including the cases where execution is deemed to have been terminated) of or exemption from the execution of such sentence was made definite;
5. A corporation, the representative director of which falls under any of subparagraphs 1 through 4.
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 Article 88 (Matters to be Observed by Sea Area Utilization Business Operators, etc.)   print
Sea area utilization business operators and business operators subject to assessment (hereinafter referred to as "sea area utilization business operators, etc.") or assessment agents shall observe the matters in each of the following subparagraphs, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
1. Not to reproduce the details of other sea area utilization consultation forms, etc.;
2. To keep prepared sea area utilization consultation forms, etc. for the period of time determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
3. Not to falsely prepare materials which are used as the bases for the preparation of sea area utilization consultation forms, etc.;
4. Not to lend a registration certificate or the title thereof to other person;
5. Not to subcontract in a lump any work of sea area utilization consultation or sea area utilization impact assessment (hereinafter referred to as "sea area utilization consultation, etc.") contracted.
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 Article 89 (Cancellation, etc. of Registration of Assessment Agents)   print
(1) The Minister of Land, Transport and Maritime Affairs may, when an assessment agent falls under any of the following subparagraphs, cancel the registration concerned or issue an order for business suspension, fixing a period of not longer than six months: Provided, That he/she shall cancel the registration concerned when falling under any of subparagraphs 1, 3 through 5, and 5-2: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11479, Jun. 1, 2012>
1. When the assessment agent has obtained registration or registration for change by fraud or by other wrongful means;
2. When the assessment agent fails to meet the conditions of the technical capabilities, facilities and equipment under Article 86 (1);
3. When the assesment agent falls under any of subparagraphs of Article 87: Provided, That the same shall not apply to cases where the chief executive officer of a corporation which falls under any of subparagraphs 1 through 4 of Article 87 is replaced within six months;
4. When the assessment agent fails to commence the business of sea area utilization consultation, etc. within two years after registration or continues to have no business performance on sea area utilization consultation, etc. for two or more consecutive years;
5. When an assessment agent who has been subject to a disposition of business suspension twice during the recent one year and repeats an act corresponding to the disposition of business suspension;
5-2. When an assessment agent conducts business (including the conclusion of contracts), such as sea area utilization consultation, etc. during the period of business suspension;
6. When the assessment agent violates the provisions of Article 88;
7. When the assessment agent prepares a sea area utilization consultation form, etc. by fraud or prepares a sea area utilization consultation form, etc. unfaithfully by intention or by gross negligence.
(2) The detailed criteria for the administrative dispositions under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, in consideration of the types, degrees, etc. of the offenses concerned. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 90 (Continuation of Business of Assessment Agent Subject to Cancellation of Registration or Business Suspension)   print
(1) Any assessment agent that is subject to the disposition of cancellation of registration or business suspension pursuant to Article 89 may continue his/her business limited to the work related to the preparation of sea area utilization consultation forms, etc. contracted before he/she is subject to such disposition. <Amended by Act No. 10803, Jun. 15, 2011>
(2) Any assessment agent who continues the business of preparing sea area utilization consultation forms, etc. pursuant to paragraph (1) shall be considered as an assessment agent under this Act until he/she completes such business. <Amended by Act No. 10803, Jun. 15, 2011>
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 Article 91 (Notification, etc. of Opinion)   print
(1) The Minister of Land, Transport and Maritime Affairs shall, when he/she receives a request for sea area utilization consultation, etc. from a disposing government organ, examine sea area utilization consultation forms, etc. submitted and notify his/her opinion thereon, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(2) The Minister of Land, Transport and Maritime Affairs shall listen to the opinion of an organ in charge of reviewing impacts following the sea area utilization consultation, etc., which is determined by Presidential Decree (hereinafter referred to as the "sea area utilization impact review organ") before notifying his/her opinion on the sea area utilization consultation, etc. pursuant to paragraph (1): Provided, That the same shall not apply to business prescribed by Presidential Decree, which affects the marine environment insignificantly, among businesses subject to sea area utilization consultation, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(3) The Minister of Land, Transport and Maritime Affairs shall listen to the opinion of the Minister of Environment in advance before notifying his/her opinion on the sea area utilization consultations on the areas falling under Article 84 (1) 4 and 6, pursuant to paragraph (1) if the relevant marine aggregate extraction-scheduled areas and marine aggregate extraction complexes include coastal areas (referring to the areas within one kilometer towards land and ten kilometers towards sea based on the coastline). <Amended by Act No. 8852, Feb. 29, 2008>
(4) When a disposing government organ which is notified of the opinion on the sea area utilization consultation, etc. grants a license, etc., it shall notify the Minister of Land, Transport and Maritime Affairs thereof. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 92 (Raising Objection)   print
(1) When a sea area utilization business operator, etc. or a disposing government organ has an objection to the opinion notified by the Minister of Land, Transport and Maritime Affairs pursuant to Article 91, he/she or it may file for an objection with the Minister of Land, Transport and Maritime Affairs within 90 days, as prescribed by Presidential Decree. In such cases, the sea area utilization business operator, etc. shall file for the objection through the disposing government organ. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(2) When the Minister of Land, Transport and Maritime Affairs receives an objection pursuant to paragraph (1), he/she shall examine whether the details of the objection are reasonable and notify the person who raised the objection of the result thereof within 60 days, as prescribed by Presidential Decree: Provided, That the deadline for notification may be extended up to 30 days when there exists any unavoidable circumstance. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 93 (Post-Management)   print
(1) When a disposing government organ grants a license, etc. without undergoing the sea area utilization consultation, etc., or grants a license, etc. without reflecting opinions on the sea area utilization consultation, etc., the Minister of Land, Transport and Maritime Affairs may request the concerned disposing government organ to take necessary measures, such as the cancellation of the license concerned, etc., suspension of business, removal and suspension of operation of structures, recovery of the original state, etc. In such cases, the concerned disposing government organ shall comply with such request, unless any special circumstances exist otherwise. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any disposing government organ shall confirm whether or not sea area utilization business operators, etc. implement the opinion of the Minister of Land, Transport and Maritime Affairs on the sea area utilization consultation, etc. under Article 84 (1), and when the sea area utilization business operators, etc. fail to implement it, order them to take necessary measures to implement it under the conditions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 94 (Sea Area Utilization Consultation, etc. following Change of Business Plan)   print
(1) When a sea area utilization business operator, etc. revises a business plan after obtaining a license, etc. from a disposing government organ, it shall again go through the procedure of sea area utilization consultation, etc: Provided, That in cases prescribed by Presidential Decree, where the revised business size affects the marine environment insignificantly, no procedure of sea area utilization consultation, etc. shall be gone through again. <Amended Act No. 10803, Jun. 15, 2011>
(2) The provisions of Articles 84, 85 and 91 through 93 shall apply mutatis mutandis to the details and procedures of sea area utilization consultation, etc. under the main sentence of paragraph (1). <Amended by Act No. 10803, Jun. 15, 2011>
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 Article 95 (Marine Environmental Impact Survey, etc.)   print
(1) Any sea area utilization business operator, etc. shall conduct a survey of impacts on the marine environment (hereinafter referred to as "marine environmental impact survey"), which may be caused by business he/she conducts after obtaining a license, etc. and notify a disposing government organ and the Minister of Land, Transport and Maritime Affairs of the result thereof. In such cases, the sea area utilization business operator, etc. may have an assessment agent conduct such marine environmental impact survey on his/her behalf. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall, when it is deemed that damage is caused to the marine environment as a result of the marine environmental impact survey notified pursuant to paragraph (1), allow the disposing government organ to take measures to reduce damage to the marine environment, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as a change in building methods and a reduction in business size. In such cases, the disposing government organ shall notify the Minister of Land, Transport and Maritime Affairs of the result of such measures. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
(3) Deleted. <by Act No. 8852, Feb. 29, 2008>
(4) Matters necessary for business for which a marine environmental impact survey is to be conducted pursuant to paragraph (1), the items and period of the survey, etc. shall be determined by Presidential Decree. <Amended by Act No. 11479, Jun. 1, 2012>
CHAPTER X KOREA MARINE ENVIRONMENT MANAGEMENT CORPORATION
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 Article 96 (Establishment of Corporation)   print
(1) The Korea Marine Environment Management Corporation (hereinafter referred to as "Corporation") shall be established to conduct business for the preservation, management and improvement of the marine environment, marine pollution response business, and business for marine environment and marine pollution-related technical development, eduction and training, etc.
(2) The Corporation shall be a juristic person.
(3) The Corporation may have branch offices, business offices, research institutes, educational institutes, etc. under the conditions as prescribed by the articles of association.
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 Article 97 (Business)   print
(1) The Corporation shall conduct the businesses in each of the following subparagraphs:
1. Business concerning the preservation and management of the marine environment;
2. Businesses for the improvement of the marine environment in each of the following items:
(a) Business for the collection and disposal of pollutants;
(b) Installation and operation of pollutants storage facilities, and trust management;
(c) Salvaging and towing of ships to prevent the discharge of pollutants;
(d) Marine environment-related testing, survey, research, design, development and supervision of construction work;
3. Businesses for response to marine pollution in each of the following items:
(a) Conducting marine pollution response duties, and placement and installation of pollution response vessels, etc. (including cases where such work is entrusted or executed vicariously);
(b) Provision of materials and chemicals necessary for marine pollution response, installation of storage facilities for such materials and chemicals, etc. (including cases where such work is entrusted or executed vicariously);
(c) Other businesses prescribed by Presidential Decree, which are related to marine pollution response;
4. Businesses incidental to the businesses under subparagraphs 1 through 3, which are prescribed by the articles of association;
5. Marine environment-related international cooperation and technical outsourcing business;
6. Education and training, and publicity on the marine environment;
7. Business entrusted by the State or local governments in relation to subparagraphs 1 through 6;
8. Other businesses prescribed by Presidential Decree, which are necessary to achieve the objective of the establishment of the Corporation.
(2) The Corporation may, if necessary for the preservation and management of the marine environment when conducting the businesses under paragraph (1), install facilities prescribed by Presidential Decree or transfer installed facilities to other person.
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 Article 98 (Articles of Association)   print
(1) The following matters shall be included in the articles of association of the Corporation:
1. Objective;
2. Name;
3. Matters concerning the principal office, branch offices or business offices, or research institutes;
4. Matters concerning the qualifications of officers and employees;
5. Matters concerning the board of directors;
6. Matters concerning duties and the execution thereof;
7. Matters concerning property and accounting;
8. Matters concerning the method of changing the articles of association and method of publication thereof;
9. Matters concerning the enactment and amendment of internal rules and regulations.
(2) The articles of association of the Corporation shall obtain the authorization of the Minister of Land, Transport and Maritime Affairs. The same shall apply to cases where it is intended to amend the articles of association of the Corporation. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 99 (Officers)   print
(1) The Corporation shall consist of officers, such as at least five to nine directors including one chief director, and one auditor. In such cases, the fixed number of the directors shall be determined by the articles of association.
(2) The directors provided for in paragraph (1) shall consist of four standing directors and remaining non-standing directors.
(3) The Minister of Land, Transport and Maritime Affairs shall appoint the chief director and the auditor. In such cases, the Minister of Land, Transport and Maritime Affairs may, when the chief director or auditor is deemed to have difficulties in taking charge of his/her duties, dismiss him/her even during his/her term of office. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The chief director shall appoint directors, obtaining the approval of the Minister of Land, Transport and Maritime Affairs. In such cases, the chief director may, when any director is deemed to have difficulties in taking charge of his/her duties, dismiss him/her even during his/her term of office. <Amended by Act No. 8852, Feb. 29, 2008>
(5) The term of office of officers shall be three years, on condition that they may be reappointed.
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 Article 100 (Duties of Officer)   print
(1) The chief director shall represent the Corporation and supervise the affairs thereof.
(2) The officers shall assist the chief director and take charge of the businesses of the Corporation, which are divided among them under the conditions as prescribed by the articles of association, and when the chief director is unable to carry out his/her duties due to unavoidable circumstances, act on his/her behalf in the order prescribed by the articles of association.
(3) The auditor shall audit the businesses and accounts of the Corporation.
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 Article 101 (Grounds for Disqualification of Officers)   print
(1) No person who falls under any of the following subparagraphs shall become an officer:
1. A person who is not a national of the Republic of Korea;
2. An incompetent or quasi-incompetent;
3. A bankrupt who has not yet been reinstated;
4. A person who has been sentenced to imprisonment without prison labor or heavier punishment and for whom two years have not passed since the termination (including cases where the execution of such sentence is deemed terminated) of or exemption from the execution of such sentence was determined final and conclusive;
5. A person who is under the suspension of the sentence of imprisonment without prison labor or heavier punishment;
6. A person whose qualification is relinquished or suspended by court judgment or by other Acts.
(2) Any officer who has fallen under any of subparagraphs of paragraph (1), or is proven to fall under any of subparagraphs of paragraph (1) as at the time he/she is appointed as an officer shall resign naturally.
(3) Any act that the officer who retired from office pursuant to paragraph (2) conducted before his/her retirement shall not lose its effect.
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 Article 102 (Board of Directors)   print
(1) The board of directors shall be established in the Corporation to resolve important matters concerning the businesses of the Corporation.
(2) The board of directors shall be comprised of the chief director and directors, and the chief director shall convene the meetings of the board of directors and preside over such meetings.
(3) The board of directors shall make resolutions in the presence of a majority of registered members and with the consent of a majority of members present.
(4) The auditor may make a statement of opinion, appearing at the meetings of the board of directors.
(5) Necessary matters concerning the operation of the board of directors shall be determined by Presidential Decree.
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 Article 103 (Sources of Finance)   print
The funds needed for the operation and business of the Corporation shall be financed by each of the following sources of finance:
1. Pollution response contributions under Article 69;
2. Profits coming from the businesses under Article 97;
3. Loans from outside under Article 104 (3);
4. Funds formed by the issue of bonds under Article 106;
5. Fees under Article 122 (2);
6. Earnings from asset management;
7. Subsidies from the government;
8. Contributions under relevant Acts and subordinate statutes;
9. Other revenues prescribed by the articles of association.
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 Article 104 (Contribution, etc.)   print
(1) The Corporation may, if necessary to efficiently conduct the business of the Corporation, make investments or donations in the areas related to the business under Article 97 through a resolution of the board of directors.
(2) Necessary matters concerning the investments or donations under paragraph (1) shall be determined by Presidential Decree.
(3) The Corporation may, when deemed necessary to conduct the business under Article 97, borrow funds (including borrowing funds from international organizations, foreign governments or foreigners). In such cases, it shall obtain the approval of the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 105 (Lending of State or Public Property without Compensation)   print
Notwithstanding the provisions of the State Property Act, Commodity Management Act, Local Finance Act, and Public Property and Commodity Management Act, the State or a local government may, when deemed necessary for the businesses of the Corporation, lend State or public property to the Corporation without compensation or have the Corporation use State or public property for profit-making.
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 Article 106 (Issue of bonds)   print
(1) The Corporation may issue bonds through a resolution of the board of directors. In such cases, it shall obtain the approval of the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs shall, when approving the issue of bonds under paragraph (1), consult with the Minister of Strategy and Finance in advance. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The State may guarantee the redemption of the principal and interest accrued from bonds issued by the Corporation.
(4) The extinctive prescription of the bonds shall be five years for the principal and two years for interest, counting from the date of redemption.
(5) Other necessary matters concerning the issue of bonds shall be determined by Presidential Decree.
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 Article 107 (Budget, Settlement of Accounts, etc.)   print
(1) The fiscal year of the Corporation shall be the same as that of the government.
(2) The Corporation shall obtain the approval of the Minister of Land, Transport and Maritime Affairs on the business operating plan and budget for each fiscal year under the conditions as prescribed by Presidential Decree. The same shall apply to cases where it is intended to change approved matters. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Corporation shall prepare a balance sheet of the settlement of accounts within three months after the lapse of each fiscal year and submit it to the Minister of Land, Transport and Maritime Affairs for approval. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 108 (Guidance and Supervision of Affairs)   print
(1) The Minister of Land, Transport and Maritime Affairs shall guide and supervise the affairs of the Corporation, and may, when deemed necessary, give the Corporation directions or orders with respect to its business: Provided, That the Commissioner General of the Korea Coast Guard may, as prescribed by Ordinance of the Ministry of the Land, Transport and Maritime Affairs, guide and supervise business necessary for emergency pollution response measures, among business referred to in Article 97 (1) 3. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(2) The Minister of Land, Transport and Maritime Affairs may, when deemed necessary, allow the Corporation to make a report on its affairs, accounting and property or allow a public official under his/her control to inspect the books, documents and other things of the Corporation. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 109 (Civil Act Applicable Mutatis Mutandis)   print
Except as otherwise provided for in this Act, the provisions of the Civil Act pertaining to incorporated foundations shall apply mutatis mutandis to the Corporation.
CHAPTER XI SUPPLEMENTARY PROVISIONS
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 Article 110 (Type Approval, etc. of Marine Environment Measuring Apparatus, etc.)   print
(1) Any person who intends to manufacture or import the equipment and apparatus (hereinafter referred to as "marine environment measuring apparatus") that is required to measure, analyze or examine the state of the marine environment under Article 12 (1) shall obtain the type approval of the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That the same shall not apply to the manufacture and import of marine environment measuring apparatus for purposes of testing, research and development, which are confirmed by the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
(2) Any person who intends to use marine environment measuring apparatus shall receive the accuracy inspection of the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and any person who intends to supply or use standard substances, such as a standard solution and standard gas (hereinafter referred to as "correctional article"), which are used for such inspection shall obtain the authorization of the Ministry of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Any person who intends to manufacture or produce or import marine pollution prevention facilities (excluding noxious liquid pollution prevention facilities), anti-fouling systems and shipboard incineration facilities (hereinafter referred to as "facilities subject to type approval"), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall obtain the type approval of the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That the same shall not apply to the manufacture, production or import of facilities subject to type approval for purposes of testing, research or development, which are confirmed by the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
(4) Any person who intends to manufacture or produce or import materials and chemicals that are used for the removal or prevention of pollutants pursuant to Article 66 (1) shall obtain the type approval of the Commissioner General of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That the same shall not apply to the manufacture, production or import of materials or chemicals that are used for pollution response against or prevention of pollutants for purposes of testing, research or development, which are confirmed by the Commissioner General of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
(5) Any person who intends to obtain type approval under paragraphs (1), (3) and (4), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall do the performance test of marine environment measuring apparatus, facilities subject to type approval, or materials and chemicals, which is conducted by the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard in advance. <Amended by Act No. 8852, Feb. 29, 2008>
(6) When a person who has obtained type approval under paragraphs (1), (3) and (4) manufactures or produces or imports marine environment measuring apparatus, facilities subject to type approval, or materials and chemicals, he/she shall seek the authorization of the respective relevant article by the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard. In such cases, any facility subject to type approval, or material or chemical that passes the authorization shall be deemed to have passed the inspection first conducted among the marine pollution prevention ship inspections. <Amended by Act No. 8852, Feb. 29, 2008>
(7) Any person who installs a facility subject to type approval, or provides and keeps materials and chemicals on a ship in a country which is a party to a convention shall obtain the recognition of the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, articles for which such recognition is obtained shall be deemed to have obtained or received the type approval, performance test and accuracy inspection under paragraphs (3) through (5). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11479, Jun. 1, 2012>
(8) Article 60 shall apply mutatis mutandis to any objection raised against authorization on facilities subject to type approval, or on materials and chemicals provided for in paragraph (6). In such cases, "inspection" and "re-inspection" in Article 60 shall be deemed "authorization" and "re-authorization" respectively. <Amended by Act No. 11479, Jun. 1, 2012>
(9) When a person who has obtained type approval under paragraphs (1), (3) and (4) falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard may cancel such approval, or issue an order for business suspension with a specified period of not longer than six months, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That in cases falling under subparagraph 1, he/she shall cancel such approval: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where such person obtained type approval by fraud or by other wrongful means;
2. Where such person obtained authorization by fraud or by other wrongful means;
3. Where such person sold marine environment measuring apparatus, facilities subject to type approval, or materials and chemicals, which fail to meet standards;
4. Where such person has no business results for two or more consecutive years without any justifiable ground.
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 Article 110-2 (Certification of Performance)   print
(1) Any person who intends to manufacture, produce or import the pollution prevention facilities, materials and chemicals that exclude the facilities subject to type approval, materials and chemicals provided for in Article 110 (3) and (4) (hereinafter referred to as "facilities, etc. excluded from type approval") may obtain certification of performance from the Minister of Land, Transport and Maritime Affairs or from the Commissioner General of the Korea Coast Guard in accordance with the procedures and methods prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Any person who intends to obtain certification of performance referred to in paragraph (1) shall, in advance, take a performance test held by the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, on facilities, etc. excluded from type approval.
(3) When a person who has obtained certification of performance pursuant to paragraph (1) manufactures, produces or imports facilities, etc. excluded from type approval, he/she shall obtain authorization from the Minister of Land, Transport and Maritime Affairs or from the Commissioner General of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) When a person who has obtained certification of performance pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard may cancel the relevant certification of performance, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. Where certification of performance is obtained by fraud or other wrongful means;
2. Where authorization is obtained by fraud or other wrongful means;
3. Where there is no business record for two or more consecutive years without any justifiable ground.
[This Article Newly Inserted by Act No. 10803, Jun. 15, 2011]
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 Article 111 (Report, etc. on Dismantling of Ships)   print
(1) Any person who intends to dismantle a ship shall establish a work plan to prevent pollutants from being discharged in the course of the dismantling process under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and report it to the Commissioner General of the Korea Coast Guard by not later than seven days before the commencement of the work: Provided, That the same shall not apply to cases of dismantling a ship by methods determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as dismantling a ship on land. <Amended by Act No. 8852, Feb. 29, 2008>
(2) In cases where a work plan reported pursuant to paragraph (1) is deemed insufficient or the work concerned is deemed not to be performed, the Commissioner General of the Korea Coast Guard may issue an order for correction as necessary.
(3) Any sea area management authority may establish and operate a ship dismantling yard which conforms to the criteria for facilities and is equipped with apparatus, etc. determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs for the dismantling of neglected ships and the smooth disposal thereof. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 112 (Acting as Agent in Performance of Duties, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs may allow the Korea Ship Safety Technology Authority provided for in Article 45 of the Ship Safety Act (hereinafter referred to as the "Korea Ship Safety Technology Authority") or the ship-classifying corporation provided for in Article 60 (2) of the same Act (hereinafter referred to as the "ship-classifying corporation") to act as agent in performance of the following duties. In such cases, the Minister of Land, Transport and Maritime Affairs shall conclude an agreement, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008>
1. Approval seal for guidebooks on the methods and facilities for discharging noxious liquid substances provided for in Article 27 (3);
2. Inspection of oil vapor discharge control unit provided for in Article 47 (3);
3. Inspection and preliminary inspection of marine pollution prevention ships: Provided, That the designation of an agent to inspect a facility for preventing the discharge of nitrous oxides from a diesel engine, among air pollution prevention facilities, shall, in advance, be consulted with the Minister of Environment;
4. Delivery of marine pollution prevention inspection certificate provided for in Article 49 (2), temporary marine pollution prevention inspection certificate provided for in Article 52 (2), anti-fouling system inspection certificate provided for in Article 53 (2), preliminary inspection certificate provided for in Article 54 (2) and inspection certificate provided for in international conventions under Article 55 (1);
5. Extension of the term of validity of marine pollution prevention inspection certificate and of the term of validity of inspection certificate under international conventions provided for in Article 56 (2).
(2) The Commissioner General of the Korea Coast Guard may allow the Korea Ship Safety Technology Authority or ship-classifying corporations to act as an agent in performance of duties in regard to the approval seal for a contingency plan for marine pollution by ships. In such cases, the Commissioner General of the Korea Coast Guard shall conclude an agreement, as prescribed by Presidential Decree.
(3) The Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard may allow a person who meets the criteria for designation determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs and is an agency determined and published by the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard to act as an agent in performance of duties in regard to the type approval, accuracy inspection, performance test, authorization and recognition provided for in Article 110 (1), (2), and (4) through (7), and the performance test and authorization provided for in Article 110-2 (2) and (3). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(4) Necessary matters concerning the requirements for designation, and guidance and supervision of an agent provided for in paragraph (3) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 113 (Cancellation of Vicarious Execution of Operations, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard may, when an agency under Article 112 (1) through (3) falls under any of the following subparagraphs, cancel the agreement on vicarious execution of operations or designation of agency: Provided, That in cases falling under subparagraph 1, he/she shall cancel the agreement or designation concerned: <Amended by Act No. 8852, Feb. 29, 2008>
1. When the agreement on vicarious execution of operations or designation of agency concluded or made by falsehood or by other unjust method;
2. When the agency fails to meet the requirements for designation under Article 112 (4) (limited to the cases of designating an agency);
3. When the agency fails to conduct its vicarious business for three or more months without any justifiable ground;
4. When the person who conducts his/her vicarious execution of operations violates the agreement concluded in relation to such business.
(2) Notwithstanding the provisions of paragraph (1), in cases where a person who is designated as an inspection agent through consultation under the proviso to Article 112 (1) 3 violates the agreement under Article 112 (1), the Minister of Environment may request the Minister of Land, Transport and Maritime Affairs to cancel the agreement concerned. In such cases, the Minister of Land, Transport and Maritime Affairs shall comply with such request, unless any special grounds exist otherwise. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Necessary matters concerning the cancellation of agreement on vicarious execution of operations or designation of agency under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 114 (Cooperation of Relevant Administrative Organs)   print
(1) Any sea area management authority or the Commissioner General of the Korea Coast Guard may, when deemed necessary to achieve the objective of this Act, request the head of a relevant administrative organ for the provision of data and information needed for marine environmental management or marine pollution prevention, and mobilization of personnel and equipment for urgent marine pollution prevention, respectively.
(2) The Corporation may, when necessary to conduct the businesses under Article 97, request relevant administrative organs to render necessary cooperation such as perusal, reproduction, etc. of data or information.
(3) The heads of relevant administrative organs requested to render cooperation by a sea area management authority, the Commissioner General of the Korea Coast Guard or the Corporation pursuant to paragraphs (1) and (2) shall comply with such request, unless any special circumstances exist otherwise.
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 Article 115 (Entrance for Inspection, Report, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs may, as prescribed by Presidential Decree, allow a public official under his/her authority to enter a ship for verification and inspection of the related documents, facilities, equipment and fuel oil <Amended by Act No. 9872, Dec. 29, 2009>
(2) The Minister of Land, Transport and Maritime Affairs may, as prescribed by Presidential Decree, allow a public official under his/her authority to request the presentation of necessary materials or a report from the owners of marine facilities (excluding the duties provided for in Articles 34 through 36 and 67), ship oil suppliers, persons who have installed an oil vapor discharge control unit under Article 47 (2), and persons who conduct the ocean waste collection business or deposited pollutants collection business under Article 70 (1) 4 and 5, and to enter the facilities (including business places and offices; hereafter the same shall apply in this Article) for verification and inspection or to inspect the related documents, facilities and equipment. <Newly Inserted by Act No. 9872, Dec. 29, 2009; Act No. 11479, Jun. 1, 2012>
(3) The Commissioner General of the Korea Coast Guard may, as prescribed by Presidential Decree, allow a public official (applicable only to public officials in general service; hereafter the same shall apply in this Article) under his/her authority to request the presentation of necessary materials or a report from the owners of marine facilities (applicable only to the duties provided for in Articles 34 through 36 and 67), persons who conduct the ocean waste discharge business, marine pollution response business, or oil hold cleaning business under Article 70 (1) 1 through 3, and waste disposal entrusting persons provided for in Article 76, and to enter the facilities for verification and inspection or to inspect the related documents, facilities and equipment. <Amended by Act No. 9872, Dec. 29, 2009; Act No. 11479, Jun. 1, 2012>
(4) Notwithstanding paragraph (1), where an emergency prescribed by Presidential Decree occurs aboard a ship in connection with marine pollution, the Commissioner General of the Korea Coast Guard may allow a public official under his/her authority to enter the ship for verification or inspection or to inspect the related documents, facilities or equipment. <Amended by Act No. 9872, Dec. 29, 2009>
(5) Any public official who makes an entrance for inspection, etc. under paragraphs (1) through (4) shall carry a certificate indicating his/her authority and present it to interested persons, and shall inform them of the purpose of entrance, his/her name, etc. in detail. <Amended by Act No. 9872, Dec. 29, 2009>
(6) No interested person, such as a ship owner, shall refuse, interfere with or evade the entrance for inspection, presentation of materials and request for reports, etc. by public officials under paragraphs (1) through (4) without any justifiable ground. <Amended by Act No. 9872, Dec. 29, 2009>
(7) With respect to the entrance for inspection, and reports, the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard may establish and use computer networks to deal with affairs including guidance and checkup, advance notice, and notification of the result of checkup conducted, as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9872, Dec. 29, 2009>
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 Article 116 (Marine Environmental Guard)   print
(1) The Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard may designate public officials under his/her authority as marine environmental guards to carry out the duties under Article 115 (1) through (4). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9872, Dec. 29, 2009>
(2) Necessary matters, such as the appointment, qualifications, duties, etc. of marine environmental guards under paragraph (1), shall be determined by Presidential Decree. <Amended by Act No. 9872, Dec. 29, 2009>
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 Article 117 (Stopping, Search, Seizure of Ships, Prohibition of Ships from Entry into or Departure from Ports, etc.)   print
In cases where it is deemed that a ship is suspected of violating the provisions of this Act, a sea area management authority or the Commissioner General of the Korea Coast Guard may stop, search and seize the ship or prohibit the ship from entering into or departing from a port, or issue necessary orders or take necessary measures.
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 Article 118 (Prohibition of Divulgence of Confidential Information, etc.)   print
(1) No person who is or has been an assessment agent or an officer or employee of a sea area utilization impact review organ shall divulge or use secretly or surreptitiously confidential information learned while performing his/her duties in connection with the preparation of sea area utilization consultation forms, etc. and the sea area utilization impact review. <Amended by Act No. 10803, Jun. 15, 2011>
(2) No person who is or has been an officer or employee of the Corporation shall divulge or use secretly or surreptitiously confidential information learned in the course of performing his/her duties.
(3) No person who is or has been an officer or employee of an institution or organization which acts as an agent in performance of duties under Article 112 shall divulge or use secretly or surreptitiously confidential information learned in the course of performing his/her duties.
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 Article 119 (Subsidies from National Treasury, etc.)   print
(1) The State may, in cases where a local government takes a measure falling under any of the following subparagraphs, subsidize the expenses incurred therefor from the national treasury in whole or in part:
1. Marine environmental improvement measures under Article 18;
2. Operation of ships or disposing facilities for the collection and disposal of wastes under Article 24 (3);
3. Installation and operation of pollutants storage facilities under Article 38 (1).
(2) The State may subsidize the costs needed for the installation or improvement of marine pollution prevention facilities, pollutants storage facilities and other marine pollution prevention facilities.
(3) The State or a local government may support civil organizations which work for the preservation and management of the marine environment and marine pollution prevention under the conditions as prescribed by Presidential Decree.
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 Article 119-2 (Report Reward)   print
(1) The Minister of Land, Transport and Maritime Affairs, the Commissioner General of the Korea Coast Guard, the Mayor/Do Governor or the head of a Si/Gun/Gu may pay a report reward within budget limits to those who report or inform any of the following persons to the competent administrative agency or the criminal investigation agency:
1. A person who discharges pollutants generated from ships or marine facilities, etc., in violation of Article 22 (1) and (2);
2. A person who discharges wastes into the place other than the sea area prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, in violation of Article 23 (1).
(2) Necessary matters concerning the standard, method and procedure for the payment of a report reward, detailed payment amount, etc. under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9872, Dec. 29, 2009]
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 Article 120 (Hearings)   print
The Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard shall, when he/she intends to impose a disposition falling under any of the following subparagraphs, hold a hearing, as prescribed by the Administrative Procedures Act: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
1. Cancellation of certification of measuring and analyzing capabilities provided for in Article 13 (3);
2. Cancellation of registration provided for in Article 75;
3. Cancellation of designation provided for in Article 82;
4. Cancellation of registration provided for in Article 89;
5. Cancellation of type approval provided for in Article 110 (9);
6. Cancellation of certification of performance provided for in Article 110-2 (4).
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 Article 121 (Education and Training of Marine Pollution Prevention Managers, etc.)   print
Any person who appoints a marine pollution prevention manager under Articles 32 and 36 and any person who employs technical staff engaging in the marine environmental management business under Article 70 (2) shall have relevant people employed by him/her receive eduction and training on marine pollution prevention and pollution response once or more every five years under the conditions as prescribed by Presidential Decree: Provided, That in cases where an employee concerned is aboard a ship, such eduction and training may be postponed within the scope of one year under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 122 (Fees)   print
(1) Any person who intends to obtain or receive the type approval, accuracy inspection, certification, approval seal, inspection, performance test, authorization, recognition and certification of performance under this Act shall pay a fee as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
(2) The Corporation may collect fees for the provision of materials and chemicals, pollution response, or the placement and installation of pollution response vessels, etc. as prescribed by the articles of association in order to carry out the businesses under Article 97.
(3) Any agent provided for in Article 112 that executes the type approval, accuracy inspection, approval seal, inspection, performance test, authorization and recognition may collect fees. In such cases, it shall obtain the prior approval of the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011>
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 Article 123 (Delegation and Entrustment of Authority)   print
(1) Part of the authority of the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard under this Act may be delegated or entrusted to the head of an organ under his/her control, the head of other administrative organ or the head of a local government under the conditions as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Part of the authority of a City Mayor/Do Governor under this Act may be delegated to the head of Si/Gun/Gu under the conditions as prescribed by Presidential Decree.
(3) Any sea area management authority may entrust the duties in each of the following subparagraphs to the chief director of the Corporation:
1. Management of marine environmental improvement measures under Article 18 (1);
2. Operation of ships and disposing facilities under Article 24 (3);
3. Installation and operation of pollutants storage facilities under Article 38 (1);
4. Installation and operation of storage facilities under Article 66 (1);
5. Installation and operation of ship dismantling yards under Article 111 (3);
6. Education and training of marine pollution prevention managers, etc. under Article 121.
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 Article 124 (Legal Fiction as Public Official in Application of Penal Provisions)   print
The sea area utilization impact review organ under Article 91 (2), officers and employees of the Corporation, officers and employees of agencies related to the type approval, inspection, performance test, authorization, etc. under Article 112 shall be deemed public officials in the application of penal provisions in Articles 129 through 132 of the Criminal Act. <Amended by Act No. 10803, Jun. 15, 2011>
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 Article 125 (Marine Environment Preservation Association)   print
(1) The Marine Environment Preservation Association (hereinafter referred to as "Association") shall be established to conduct research, education and public relations, etc. for the preservation and management of the marine environment and ecosystems.
(2) The Association shall be a juristic person.
(3) The organization and operation of the Association and other necessary matters shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The provisions of the Civil Act, which pertain to incorporated associations shall apply mutatis mutandis to the matters not provided for in this Act.
CHAPTER XII PENAL PROVISIONS
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 Article 126 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not longer than five years or by a fine not exceeding 50 million won:
1. A person who discharges oil from ships or marine facilities in violation of Article 22 (1) and (2);
2. A person who violates an order under Article 93 (2).
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 Article 127 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not longer than three years or by a fine not exceeding 30 million won:
1. A person who discharges wastes, noxious liquid or harmful substances in packaged form from ships or marine facilities in violation of Article 22 (1) and (2);
2. A person who discharges oil from ships or marine facilities by negligence in violation of Article 22 (1) and (2);
3. A person who operates a ship for navigation in violation of Article 57 (1) through (3);
4. A person who fails to take pollution response measures or violates an order to take measures under Article 64 (1) or (3);
5. A person who fails to take measures for the prevention of discharge of pollutants under Article 65 or violates an order to take measures.
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 Article 128 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not longer than two years or by a fine not exceeding 20 million won: <Amended by Act No. 10803, Jun. 15, 2011; Act No. 11479, Jun. 1, 2012>
1. A person who discharges wastes, noxious liquid, or harmful substances in packaged form from ships or marine facilities by negligence in violation of Article 22 (1) and (2);
2. A person who navigates a ship without installing a waste pollution prevention facility pursuant to Article 25 (1);
3. A person who navigates a ship without installing an oil pollution prevention facility under Article 26 (1);
4. A person who navigates a ship without installing a hull structure, etc. under Article 26 (2);
5. A person who navigates a ship without installing a noxious liquid pollution prevention facility under Article 27 (1);
6. A person who installs a cargo hold on a ship in violation of Article 27 (2);
7. A person who uses harmful anti-fouling paints or harmful anti-fouling systems in violation of Article 40 (1) and (2), or fails to use or install anti-fouling paints or anti-fouling systems in conformity with lawful criteria and methods;
8. A person who fails to place or install pollution response vessels, etc. in violation of Article 67 (1);
9. A person who violates an order to prohibit ships from entering into and departing from a port or an order to suspend the use of facilities under Article 67 (3);
10. A person who conducts a marine environment management business without making registration under Article 70 (1);
11. A person who conducts a business after his/her registration has been cancelled, or who conducts a business during the period of business suspension, being subject to the order for business suspension pursuant to Article 75;
12. A person who fails to conduct a marine pollution impact survey provided for in Article 77 (1);
13. A person who conduct a business after the designation thereof has been cancelled, or who conducts a business during the period of business suspension, being subject to the order for business suspension pursuant to Article 82 (1) and Article 89 (1);
14. A person who falsely prepares a sea area utilization consultation form provided for in Article 84 (4) or a statement on sea area utilization impact assessment provided for in Article 85 (2);
15. A person who acts as an agent to prepare a sea area utilization consultation form, etc. without making registration of an assessment agent under Article 86 (1);
16. A person who falsely states the results of a marine environmental impact survey under Article 95 (1);
16-2. A person who sells marine environment measuring apparatus exempt from the type approval pursuant to the proviso to Article 110 (1), facilities subject to type approval pursuant to the proviso to Article 110 (3), or materials or chemicals used for pollution response against or prevention of pollutants pursuant to the proviso to Article 110 (4);
17. A person who conducts a business after the type approval or authorization is cancelled, or who conducts a business during the period of business suspension, being subject to an order for business suspension, pursuant to Article 110 (9);
17-2. A person who sells facilities, etc. excluded from type approval, which he/she manufactures, produces or imports with an indication of certification of performance, despite the fact that he/she has not obtained certification of performance in regard to facilities, etc. excluded from type approval pursuant to Article 110-2 (1) or his/her certification of performance is cancelled;
18. A person who refuses, interferes with or evades the stopping, search and seizure of ships, the prohibition of ships from entering into or departing from a port, or other necessary orders or measures under Article 117.
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 Article 129 (Penal Provisions)   print
(1) A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not longer than one year, or by a fine not exceeding ten million won: <Amended by Act No. 9872, Dec. 29, 2009; Act No. 10803, Jun. 15, 2011>
1. A person who installs a facility in a specially managed sea area or contravenes the limit on the total quantity of discharged pollutants, in violation of Article 15 (3);
2. A person who discharges wastes into sea areas, in violation of Article 23 (1) (excluding a person who discharges wastes pursuant to the proviso to Article 23 (1));
3. A person who operates a ship without installing an air pollution prevention facility under Article 41 (1);
4. A person who discharges ozone layer-depleting substances, in violation of Article 42 (1);
5. A person who operates a diesel engine in excess of the permissible emission level of nitrous oxides, in violation of Article 43 (1);
6. A person who uses fuel oil which exceeds the sulfur content standards, in violation of Article 44 (1) or (2);
7. A person who supplies fuel oil which falls short of the quality standards or exceeds the sulfur content standards, in violation of Article 45 (1);
8. A person who fails to install or operate an oil vapor discharge control unit, in violation of Article 47 (2);
9. A person who installs an oil vapor discharge control unit without undergoing an inspection, in violation of Article 47 (3);
10. A person under Article 63 (1) 1 or 2 who fails to file a report or file a false report;
11. A person who conducts a construction work before the procedure of consultation or re-consultation under Articles 84 and 85 completes;
12. A person who reproduces the contents of other sea area utilization consultation forms, etc. or fails to keep sea area utilization consultation forms, etc. for a period prescribed by Acts and subordinate statutes, or prepares sea area utilization consultation forms, etc. by falsehood, in violation of subparagraphs 1 through 3 of Article 88;
13. A person who divulges or makes undue use of confidential information, in violation of Article 118 (1).
(2) A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not longer than one year, or by a fine not exceeding five million won: <Amended by Act No. 8788, Dec. 21, 2007; Act No. 9872, Dec. 29, 2009; Act No. 10803, Jun. 15, 2011>
1. A person who discharges entrusted wastes into the sea without filing a report, in violation of Article 23 (2);
2. A person who installs, or maintains and operates a waste pollution prevention facility, in violation of the criteria under Article 25 (2);
3. A person who installs, or maintains and operates an oil pollution prevention facility, in violation of Article 26 (3);
4. A person who installs, or maintains and operates a noxious liquid pollution prevention facility in violation of Article 27 (4);
5. A person who loads ballast water or oil, in violation of sArticle 28;
5. A person who loads ballast water or oil, in violation of Article 28; <<Enforcement Date: Refer to the Addenda>>
6. A person who transports harmful substances in packaged form, in violation of Article 29;
7. A person who collects and disposes of pollutants on a ship or in a marine facility, in violation of Article 37;
8. A person who operates a ship for navigation without undergoing the marine pollution prevention ship inspections under Articles 49 through 53;
9. A person who fails to perform any order or disposition under Article 58 or 59;
9-2. A person who fails to obtain type approval, authorization or recognition referred to in Article 110 (4), (6) and (7) or uses materials or chemicals not authorized pursuant to Article 110-2 (3) for pollution response measures, in violation of Article 64 (6);
10. A person who fails to stock and keep materials and chemicals in stock facilities, ships or marine facilities in violation of Article 66 (1);
11. A person who violates an order for disposal under Article 73;
12. A person who uses marine environment measuring apparatus without undergoing the accuracy inspection or supplies or uses correctional articles, in violation of Article 110 (2);
13. A person who manufactures, produces or imports without obtaining or receiving the type approval, performance test, authorization or recognition referred to in Article 110 (1) and (3) through (7);
14. A person who dismantles a ship without filing a report under Article 111 (1);
15. A person who rejects, interferes with or evades the entrance for inspection, request for reporting, etc. without any justifiable ground in violation of Article 115 (6);
16. A person who divulges or uses secretly or surreptitiously confidential information learned while performing his/her duties, in violation of Article 118 (2) and (3).
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 Article 130 (Joint Penal Provisions)   print
Where a representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an offense under Articles 126 through 129 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in paying due attention or supervision to the relevant business in order to prevent such offense.
[This Article Wholly Amended by Act No. 9872, Dec. 29, 2009]
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 Article 131 (Special Cases of Application of Penal Provisions for Foreigners)   print
(1) In the application of the provisions of Articles 127 and 128 to foreigners, foreigners shall be punished by a fine as provided for in the corresponding Article, unless they have intentionally committed a relevant offense in the territorial sea of Korea.
(2) The provisions of Article 2 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone shall apply to the scope of foreigners under paragraph (1), and the provisions of Articles 23 through 25 of the same Act shall apply mutatis mutandis to the judicial procedures for foreigners.
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 Article 132 (Fines for Negligence)   print
(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding ten million won:
1. A person who falsely states the results of a marine pollution impact survey under Article 77 (1);
2. Deleted. <by Act No. 10803, Jun. 15, 2011>
(2) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won: <Amended by Act No. 10803, Jun. 15, 2011>
1. A person who discharges pollutants prescribed by Presidential Decree from ocean space, in violation of Article 22 (2);
2. A person who fails to file a report on marine facilities, in violation of Article 33 (1);
3. A person who sets an installation containing ozone layer-depleting substances on a ship, in violation of Article 42 (2);
4. A person who fails to provide a copy of fuel oil supply certificate and fuel oil sample or falsely provides a copy of fuel oil supply certificate and a fuel oil sample, in violation of Article 45 (2);
5. A person who fails to cooperate in pollution response measures, in violation of Article 64 (2);
6. A person who fails to make registration for a change provided for in Article 70 (3);
7. A person who, in violation of Article 72 (3), keeps and manages wastes or fails to prepare a waste transfer/take-over form or falsely prepares a waste transfer/take-over form;
8. A person who fails to file a report on the succession of the rights and duties of a marine environmental management business operator, in violation of Article 74 (3) or falsely files such report;
9. A person who entrusts the disposal of wastes without filing a report, in violation of Article 76 (1);
10. A person who violates the matters to be observed under subparagraphs 4 and 5 of Article 88;
11. A person who fails to conduct a marine environmental impact survey provided for in Article 95 (1) or fails to give notice of the result thereof or gives a false notice thereof;
12. A person who fails to take necessary measures provided for in Article 95 (2).
(3) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million won: <Amended by Act No. 8852, Feb. 29, 2008>
1. A person who maintains and operates air pollution prevention facilities that fails to meet the criteria, in violation of Article 41 (2);
2. A person who transfers an installation containing ozone layer-depleting substances to persons other than the companies or organizations designated and punished by the Minister of Land, Transport and Maritime Affairs, ;
3. A person who, in violation of Article 46 (1), burns substances on a ship, the shipboard incineration of which is prohibited;
4. A person who installs, or maintains and operates an incineration facility, in violation of Article 46 (2) and (4);
5. A person who, in violation of Article 46 (3), burns substances, using a main or auxiliary power plant or boiler in sea areas in which incineration is prohibited.
(4) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won: <Amended by Act No. 9872, Dec. 29, 2009; Act No. 10803, Jun. 15, 2011>
1. A person who fails to install or provide a container for the storage of waste oil under Article 26 (1);
2. A person who fails to provide a guidebook, which bears the approval seal pursuant to Article 27 (3), on the method of and facilities for the discharge of noxious liquid substances;
3. A person who fails to provide a pollutants register under Articles 30 and 34 or fails to make records therein or to keep the pollutants register or enters false records therein;
4. A person who fails to keep a contingency plan for marine pollution by ships and a contingency plan for pollution by marine facilities, which bear the approval seal under Articles 31 and 35;
5. A person who fails to appoint a marine pollution prevention manager under Articles 32 (1) and 36 (1);
6. A person who fails to keep a document evidencing the appointment of a marine pollution prevention manager under Articles 32 (2) and 36 (2);
6-2. A person who fails to keep or observe a ship-to-ship oil transfer plan, which bears the approval seal referred to in Article 32-2 (1);
6-3. A person who fails to make records on ship-to-ship oil transfer operation referred to in Article 32-2 (2), or makes false records or fails to keep records thereon;
6-4. A person who fails to report an operation plan referred to in Article 32-2 (3) or falsely reports it;
6-5. A person who fails to prepare or falsely prepares or fails to manage a list of installations containing ozone layer-depleting substances referred to in Article 42 (4);
6-6. A person who fails to prepare or falsely prepares or fails to keep an ozone layer-depleting substance registry referred to in Article 42 (5);
7. A person who fails to make entries into an engineer's logbook, in violation of Article 44 (3);
8. A person who fails to keep an engineer's logbook for one year, in violation of Article 44 (4);
8-2. A person who fails to keep a fuel oil conversions procedure manual referred to in Article 44 (5);
9. A person who fails to keep fuel oil supply certificates or copies thereof for three years, in violation of Article 45 (3);
10. A person who fails to keep fuel oil samples, in violation of Article 45 (4);
11. A person who fails to keep records on the operation of an oil vapor discharge control unit for three years, in violation of Article 47 (4);
11-2. A person who fails to keep or observe a volatile organic compound management plan, which bears an approval steal referred to in Article 47-2 (1);
12. A person who fails to keep certificates of marine pollution prevention inspection, etc. in ships, in violation of Article 57 (4);
13. A person who fails to prepare and submit a statement of disposal results or fails to prepare and keep a ledger of disposal, in violation of Article 72 (1);
14. A person who fails to prepare a certificate of pollutants collection confirmation certificate, in violation of Article 72 (2) or falsely prepares the pollutants collection confirmation certificate;
15. A person who fails to prepare and submit a waste transfer/takeover form, in violation of Article 72 (3);
16. A person who fails to file a report for a change under the latter part of Article 76 (1);
17. A person who entrusts the disposal of waste, in violation of Article 76 (2);
18. A person who fails to carry out an order for correction under Article 111 (2);
19. A person who fails to provide employees with education and training under Article 121 without any justifiable ground.
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 Article 133 (Imposition, Collection, etc. of Fines for Negligence)   print
The fines for negligence under Article 132 shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs or the Commissioner General of the Korea Coast Guard, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9872, Dec. 29, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the provisions of Article 19 (1) 2 shall enter into force two years after its promulgation, the provisions of Article 110 (1) three years after its promulgation, the provisions of Articles 40 and 53 on the date on which the International Convention on the Control of Harmful Anti-Fouling Systems on Ships takes effect in Korea after this Act enters into force.
Article 2 (Repealed Acts)
The Prevention of Marine Pollution Act is hereby repealed.
Article 3 (Preparation for Establishment of Corporation)
(1) The Minister of Marine Affairs and Fisheries shall establish the Corporation Establishment Promotion Committee (hereinafter referred to as "Establishment Committee") to handle affairs concerning the dissolution of the Korea Marine Pollution Response Corp. under Article 52-2 of the former Prevention of Marine Pollution Act (hereinafter referred to as the "Pollution Response Corp.") and establishment of the Corporation.
(2) The Establishment Committee shall be comprised of not more than 15 members, including the chairperson appointed or commissioned by the Minister of Marine Affairs and Fisheries, on condition that it allow the participation of experts from the government, Pollution Response Corp., academic circles, etc., and the Vice Minister of Marine Affairs and Fisheries shall become the chairperson.
(3) The Establishment Committee shall prepare the articles of association of the Corporation and have the members of the Establishment Committee put their names and affix their seals, or apply their signatures thereto to obtain the authorization of the Minister of Marine Affairs and Fisheries thereon for a registration of establishment concerned.
Article 4 (Transfer of Affairs and Property)
(1) The Establishment Committee shall transfer its affairs and property to the chief director immediately after making a registration of establishment of the Corporation.
(2) The Establishment Committee and its members shall be considered to have been dissolved, dismissed or dismissed from commissioning at the time when the transfer of the affairs and property under paragraph (1) is finalized.
Article 5 (Establishment Costs)
The cost incurred in the dissolution of the Pollution Response Corp. and the establishment of the Corporation shall be borne by the Corporation.
Article 6 (Transitional Measures concerning Establishment of Corporation)
(1) The Pollution Response Corp. established under the former Prevention of Marine Pollution Act at the time when this Act enters into force may apply for the approval of the Minister of Maritime Affairs and Fisheries to enable the Corporation scheduled to be established under this Act to succeed all the rights and duties, and property in accordance with the resolution of the Operation Committee.
(2) When the Pollution Response Corp. obtains the approval of the Minister of Maritime Affairs and Fisheries pursuant to the application under paragraph (1), it shall be considered to have been dissolved in concurrence with the establishment of the Corporation, notwithstanding the provisions of the Civil Act, which pertain to the dissolution and liquidation of corporations, and the acts conducted in the name of the Pollution Response Corp. and in relation to other Acts shall be considered to have been conducted in the name of the Corporation in concurrence with the establishment of the Corporation.
(3) In cases where other Acts and subordinate statutes quote the Pollution Response Corp. at the time when this Act enters into force, they shall be deemed to have quoted the Corporation in lieu of the Pollution Response Corp. in concurrence with the establishment of the Corporation.
(4) The property, and rights and duties of the Pollution Response Corp. at the time when this Act enters into force shall be succeeded by the Corporation by a universal title in concurrence with the establishment of the Corporation. In such cases, the value of the property succeeded by the Corporation shall be the book value at the time when it is succeeded.
(5) The name of the Corporation which is indicated in the registers concerning the property, and rights and duties succeeded by a universal title under paragraph (4) and other public books shall be considered to be the name of the Corporation in concurrence with the establishment of the Corporation.
Article 7 (Measures for Officers and Employees)
(1) The term of office of the chief director, directors and auditor of the Pollution Response Corp. at the time when this Act enters into force shall be deemed to have been terminated in concurrence with the enforcement of this Act: Provided, That duties corresponding to the former position may be issued to the directors in consideration of their remaining term of office and ability to perform duties under the condition as prescribed by the articles of association of the Corporation.
(2) Notwithstanding the provisions of Article 99 (3) and (4), the first chief director, auditor and directors of the Corporation shall be appointed by the Minister of Maritime Affairs and Fisheries under the proposal of the Establishment Committee.
(3) The employees of the Pollution Response Corp. at the time when this Act enters into force shall be deemed the employees of the Corporation.
Article 8 (Applicability to Prohibition of Use of Harmful Anti-Fouling Paints, etc.)
(1) The provision of Article 40 shall apply, starting from the harmful anti-fouling paint or harmful anti-fouling system used for marine facilities after this Act enters into force.
(2) The provisions of Articles 40 and 53 (1) shall apply, starting from the ship constructed after this Act enters into force: Provided, That with respect to the ships already constructed at the time when this Act enters into force, they shall apply from the date on which such ships undergo inspections, entering a dock for the first time after this Act enters into force.
Article 9 (Applicability to Consultation on Utilization of Sea Areas for Designation of Marine Aggregate Extraction-Scheduled Areas, etc.)
The provisions of Article 84 (1) 4 through 6 shall apply, starting from the first application filed with a disposing government organ for the designation of marine aggregate extraction-scheduled areas, approval for the extraction of marine aggregate, and designation of marine aggregate extraction complexes after this Act enters into force.
Article 10 (Applicability to Sea Area Utilization Impact Assessment)
The provisions of Article 85 shall apply, starting from the first application filed with a disposing government organ for obtaining a license, etc. for acts falling under any of the subparagraphs of paragraph (1) of the same Article.
Article 11 (General Transitional Measures)
The dispositions and other acts imposed and conducted by administrative organs under the former Prevention of Marine Pollution Act or various kinds of applications and other acts filed with, or conducted for administrative organs at the time when this Act enters into force shall be deemed acts conducted by or in relation to the corresponding administrative organs under this Act.
Article 12 (Transitional Measure concerning Comprehensive Plan for Marine Environment Preservation, etc.)
(1) The comprehensive plan for marine environment preservation which was established under Article 4 of the former Prevention of Marine Pollution Act at the time when this Act enters into force and is in force shall be deemed the comprehensive plan for marine environment management established under Article 14 of this Act.
(2) The basic plan for the management of environment management sea areas which was established under Article 4-5 of the former Prevention of Marine Pollution Act at the time this Act enters into force and is in force shall be deemed the basic plan for environment management established under Article 16 of this Act.
(3) The national emergency pollution response plan for oil spill preparedness and response established in accordance with the International Convention on Oil Pollution Preparedness, Response and Cooperation at the time when this Act enters into force and is in force shall be considered as the national emergency pollution response plan under Article 61 of this Act.
Article 13 (Transitional Measures concerning Environmental Preservation Sea Areas, etc.)
(1) The environment preservation sea areas under Article 4-4 (1) of the former Prevention of Marine Pollution Act at the time when this Act enters into force shall be considered to have been designated as environmental preservation sea areas pursuant to Article 15 (1) 1 of this Act.
(2) The special management sea areas under Article 4-4 (2) of the former Prevention of Marine Pollution Act at the time when this Act enters into force shall be deemed to have been designated as special management sea areas pursuant to Article 15 (1) 2 of this Act.
(3) Restrictions on acts in environment preservation sea areas, etc. pursuant to Article 4-4 of the former Prevention of Marine Pollution Act at the time this Act enters into force shall be deemed restrictions on acts, or measures, etc. for environment preservation sea areas or special management sea areas under Article 15 (2) and (3) of this Act.
Article 14 (Transitional Measures concerning Consultation on Utilization of Sea Areas)
The consultation on the utilization of sea areas under Article 4-8 of the former Prevention of Marine Pollution Act at the time when this Act enters into force shall be deemed a consultation on the utilization of sea areas under Article 84 of this Act.
Article 15 (Transitional Measures concerning Marine Pollution Prevention and Removal Countermeasures Committee, etc.)
The Marine Pollution Prevention and Removal Countermeasures Committee, Marine Pollution Impact Survey Assessment Committee and Marine Environment Preservation Advisory Committee established under the former Prevention of Marine Pollution Act at the time when this Act enters into force shall be deemed the Marine Environment Management Committee under this Act until the Marine Environment Management Committee is organized pursuant to Article 17 of this Act. In such cases, the matters under the control each of the Marine Pollution Prevention and Removal Countermeasures Committee, Marine Pollution Impact Survey Assessment Committee and Marine Environment Preservation Advisory Committee shall comply with the classifications under Articles 51, 52-12 and 63 of the former Prevention of Marine Pollution Act.
Article 16 (Transitional Measures concerning Ships Installed with Oil Pollution Prevention Facility, etc.)
(1) Any ship installed with an oil pollution prevention facility, hull, noxious liquid substance prevention facility, cargo hold, waste pollution prevention facility and air pollution prevention facility pursuant to Articles 6 (1), 12 (1) and (2), 17 (1) and 23-3 (1) of the former Prevention of Marine Pollution Act at the time this Act enters into force shall be deemed a ship installed with a wastes pollution prevention facility, oil pollution prevention facility, hull, noxious liquid substance prevention facility, cargo hold and air pollution prevention facility pursuant to Articles 25 (1), 26 (1) and (2), 27 (1) and (2), and 41 (1) of this Act.
(2) Any marine pollution prevention certificate and temporary marine pollution prevention certificate delivered by the Minister of Maritime Affairs and Fisheries pursuant to Article 25 of the former Prevention of Marine Pollution Act at the time this Act enters into force shall be deemed a marine pollution prevention inspection certificate and temporary marine pollution prevention inspection certificate which are delivered pursuant to Articles 49 (2) and 52 (2) of this Act.
Article 17 (Transitional Measures concerning Installation of Facilities Containing Ozone Layer-Depleting Substances)
(1) Notwithstanding the provisions of Article 42 (2), facilities containing an ozone layer-depleting substance concerned in which hydrochlorofluorocarbons (HCFCs) are contained may be installed on a ship by January 1, 2020.
(2) Any ship installed with a facility containing ozone layer-depleting substances before June 29, 2006 may, notwithstanding the provisions of Article 42 (2), continue to use such facility.
Article 18 (Transitional Measures concerning Control of Emission of Nitrous Oxides)
Notwithstanding the provisions of Article 43 (1), the diesel engines in each of the following subparagraphs may be operated in excess of the permissible emission levels under the main sentence of paragraph (1) of the same Article with the exception of its subparagraphs (hereafter referred to as "permissible emission level" in this Article):
1. The diesel engine under Article 43 (1) 1, which is installed on a ship constructed before June 29, 2006 (excluding diesel engines manufactured after June 29, 2006, diesel engines remodeled to operate in excess of permissible emission levels, and diesel engines remodeled to increase the maximum continuous output power by not less than 10/100);
2. The diesel engine under Article 43 (1) 2, which is installed on a ship constructed before January 1, 2000 (excluding diesel engines manufactured after January 1, 2000, diesel engines remodeled to operate in excess of permissible emission levels, and diesel engines remodeled to increase the maximum continuous output power by not less than 10/100).
Article 19 (Transitional Measures concerning Installation of Oil Vapor Emission Control Units)
Notwithstanding the provisions of Article 47 (2) and (3), the owner of a marine facility who has begun to install a facility to load oil and noxious liquids on a ship or has completed such installation before June 29, 2006 may not install an oil vapor emission control unit in the marine facility concerned by May 19, 2009.
Article 20 (Transitional Measures concerning Contributions, etc.)
(1) Contributions paid pursuant to Article 52-4 (1) of the former Prevention of Marine Pollution Act at the time this Act enters into force shall be deemed the pollution response contributions paid under Article 69 (1) of this Act.
(2) The cases where it is deemed that the placement of pollution response vessels, etc. was entrusted or a pollution response agent was designated under Article 52-4 (3) of the former Prevention of Marine Pollution Act at the time this Act enters into force shall comply with the former provisions until the period of the relevant entrustment or period of designation terminates.
Article 21 (Transitional Measures concerning Registration of Ocean Waste Discharge Business, etc.)
(1) Any person who filed for registration of ocean waste discharge business pursuant to Article 18 of the former Prevention of Marine Pollution Act at the time this Act enters into force shall be deemed to have made a registration of ocean waste discharge business pursuant to Article 70 (1) 1 of this Act.
(2) Any person who filed for registration of pollution response business pursuant to Article 37 (1) 1 of the former Prevention of Marine Pollution Act at the time this Act enters into force shall be considered to have filed for registration of marine pollution response business pursuant to Article 70 (1) 2 of this Act.
(3) Any person who filed for registration of oil hold cleaning business pursuant to Article 37 (1) 2 of the former Prevention of Marine Pollution Act at the time this Act enters into force shall be deemed to have filed for registration of oil hold cleaning business pursuant to Article 70 (1) 3 of this Act.
Article 22 (Transitional Measures concerning Penal Provisions, etc.)
The application of penal provisions and fines for negligence against acts committed before this Act enters into force shall comply with the provisions of the former Prevention of Marine Pollution Act.
Article 23 Omitted.
Article 24 (Relations with other Acts and Subordinate Statutes)
In cases where other Act and subordinate statutes cite the former Prevention of Marine Pollution Act and the provisions thereof at the time when this Act enters into force, if provisions corresponding thereto exist, they shall be deemed to cite this Act or the corresponding provisions of this Act in lieu of the former provisions.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That …
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8377, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That …
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8379, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That …
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8380, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 (4) of Addenda shall enter into force on January 20, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That …
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8788, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date when the Ballast Water Management Convention takes effect in the Republic of Korea.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9454, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which six months lapse after the promulgation of this Act.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9626, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which one year lapses after the promulgation of this Act.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9773, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which six months lapse after the promulgation of this Act. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 9872, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 119-2 shall enter into force from the date on which six months lapse after the promulgation of this Act.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which six months lapse after the promulgation of this Act.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10803, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 32-2 (1) and (4) (limited to the parts pertaining to paragraph (1)) shall enter into force on the date the relevant ship undergoes the first interim inspection or the first regular inspection conducted after this Act enters into force; Article 32-2 (2), (3) and (4) (excluding the parts pertaining to paragraph (1)) shall enter into force on April 1, 2012; and the amended provisions of Articles 110-2, 112 and 122, of subparagraph 17-2 of Article 128, and of Article 129 (2) 9-2 and 13 shall enter into force six months after the promulgation of this Act.
Article 2 (Applicability to Sea Area Utilization Impact Assessment)
The amended provisions of Article 85 (1) shall apply, beginning with the first request filed with a disposing government organ for the occupation or permission for use of the public waters to dredge them.
Article 3 (Transitional Measures concerning Comprehensive Plans for Marine Environmental Management)
The former comprehensive plans for marine environmental management as at the time this Act enters into force shall be deemed comprehensive plans for marine environmental management referred to in the amended provisions of Article 14, and the former master plans for environmental management shall be deemed management plans by sea area referred to in the amended provisions of Article 16.
Article 4 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
The application of penal provisions and fines for negligence to acts committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation. (Proviso Omitted)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10893, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10911, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11479, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 (Applicability to Marine Environment Measuring Apparatus, etc. Exempt from Type Approval)
The amended provisions of Article 110 shall apply, beginning with the first marine environment measuring apparatus, facility subject to type approval or material or chemical used for pollution response against or prevention of pollutions, which is manufactured, produced or imported after this Act enters into force.
Article 3 (Transitional Measures concerning Keeping, etc. of Contingency Plans for Marine Pollution by Ships for Towed Ships)
Notwithstanding the amended provisons of Article 31 (1), the owners of towed ships in existence under the former provisions as at the time this Act enters into force shall prepare a contingency plan for marine pollution by ships and keep it in the towed ships after obtaining the approval seal from the Commissioner General of the Korea Coast Guard, within one year from the date on which this Act enters into force.