Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Coast Management Act and matters necessary for the enforcement thereof.
Article 2(Details of basic coastal surveys) #
(1) A basic coastal survey under Article 5 (1) of the Coast Management Act (hereinafter referred to as the "Act") shall be conducted in consideration of the results of the following survey: <Amended on Jun. 1, 2015; Feb. 9, 2021>
1. Scientific research and observation of the sea under Article 17 of the Framework Act on Marine Fishery Development;
2. Marine scientific research defined in subparagraph 1 of Article 2 of the Marine Scientific Research Act;
3. Measurement of the marine environment under Article 9 of the Marine Environment Management Act;
4. A basic marine ecosystem survey under Article 10 of the Conservation and Management of Marine Ecosystems Act;
5. An inspection of the actual conditions under Article 9 of the Act on the Conservation and Management of Uninhabited Islands;
6. Ocean observation, a basic hydrographic survey, and a general hydrographic survey under Articles 14, 19, and 20 of the Act on Marine Research and the Use of Marine Information;
7. An inspection of the fishing ground environment under Article 6 of the Fishing Ground Management Act;
8. A nationwide survey of the natural environment under Article 30 (1) of the Natural Environment Conservation Act.
(2) A basic coastal survey under paragraph (1) shall include the following: <Amended on Mar. 23, 2013; Aug. 12, 2014>
1. Natural environmental conditions, such as coastline, topography, water depth, temperature, tides, tidal currents, water temperature, sediments, and ecosystems;
2. Socio-economic conditions, such as population, employment, and regional economy;
3. The resource utilization status, such as ports, fisheries resources, tourism resources, and mineral resources, as well as reclamation and landfill;
4. The status of marine environmental pollution, such as coastal water quality pollution and marine sediment contamination;
5. The status of facilities, such as coastal conservation facilities and waterfront facilities;
6. The status of coastal disaster risks and damages, such as coastal flooding and vulnerability to disasters;
7. Except as provided in subparagraphs 1 through 6, matters prescribed by Decree of the Ministry of Oceans and Fisheries.
(3) A supplementary survey under Article 5 (2) of the Act shall include the following: <Amended on Mar. 23, 2013>
1. The causes, extent, and patterns of coastal environmental changes;
2. The impact of coastal environmental changes on coasts;
3. Except as provided in subparagraphs 1 and 2, matters prescribed by Decree of the Ministry of Oceans and Fisheries.
(4) A coastal erosion survey under Article 5 (3) of the Act shall include the following: <Added on Aug. 12, 2014>
1. The changes in the physical characteristics of coasts, such as the width, area, altitude, and grain size of the beaches;
2. The current status and plans for the utilization and development of coasts;
3. The causes affecting coastal erosion;
4. Other matters prescribed by Decree of the Ministry of Oceans and Fisheries.
(5) A detailed survey under Article 5 (3) of the Act shall include the following: <Amended on Mar. 23, 2013; Aug. 12, 2014>
1. Matters specified in paragraph (2) 1, 3, and 5;
2. Impacts of coastal maintenance projects on the coastal environment;
3. Except as provided in subparagraphs 1 and 2, matters prescribed by Decree of the Ministry of Oceans and Fisheries.
(6) Surveys under paragraphs (2) through (5) shall be conducted through on-site investigations, such as coastal surveys and sample collection; remote sensing using aircraft and satellites; or indirect investigations, including hearings, materials, and documents. <Amended on Aug. 12, 2014>
(7) If the Minister of Oceans and Fisheries conducts an investigation under paragraph (6), the Minister may request the heads of relevant administrative agencies to provide cooperation in perusal of investigation-related materials, access to areas under their jurisdiction, and other relevant measures. In such cases, the heads shall comply with the request unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Aug. 12, 2014>
(8) Except as provided in paragraph (6), matters necessary for the methods of basic coastal surveys and other relevant details shall be determined by the Minister of Oceans and Fisheries. <Added on Aug. 12, 2014>
Article 3(Matters included in integrated coastal management plans) #
"Matters prescribed by Presidential Decree" in Article 7 (1) 8 of the Act means the following: <Amended on Aug. 12, 2014>
1. Matters regarding the establishment and utilization of the coastal information system under Article 34-2 of the Act;
2. Matters regarding education and publicity for the effective management of coasts;
3. Matters regarding international cooperation in coastal management.
Article 4(Notification and perusal of integrated plans) #
(1) The Minister of Oceans and Fisheries shall notify an integrated coastal management plan (hereinafter referred to as "integrated plan") to the heads of relevant central administrative agencies, as well as to Metropolitan City Mayors, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as "Mayors/Do Governors") pursuant to Article 8 (1) of the Act; and Mayors/Do Governors (excluding Special Self-Governing Province Governors) shall then notify the plan to the heads of Sis/Guns/Gus (the heads of Gus refers to the heads of autonomous Gus; hereinafter the same shall apply). <Amended on Mar. 23, 2013>
(2) When making an integrated coastal plan for the relevant jurisdiction available for public perusal pursuant to Article 8 (2) of the Act, Special Self-Governing Province Governors or the heads of Sis/Guns/Gus shall ensure that the perusal period is at least 20 days.
Article 5(Holding of public hearings on coastal management area plans) #
If a Mayor/Do Governor or the head of a Si/Gun/Gu intends to hold a public hearing on a coastal management area plan (hereinafter referred to as "area plan") pursuant to Article 9 (4) of the Act, he or she shall publicly announce the following details in the Official Gazette, the relevant public gazette or website, daily newspapers, or other relevant media at least 14 days before the hearing: <Amended on Mar. 23, 2013; Aug. 12, 2014>
1. The objectives of the public hearing;
2. The date, time, and venue of the public hearing;
3. Key details of the area plan to be formulated or modified;
4. Except as provided in subparagraphs 1 through 3, matters necessary for holding the public hearing.
Article 6(Perusal of area plans) #
Article 4 (2) shall apply mutatis mutandis to the perusal of an area plan under Article 11 (1) and (3) of the Act.
Article 7(Modification of minor matters in integrated plans) #
(1) "Minor matters prescribed by Presidential Decree, such as reflecting topographical changes" in the proviso of Article 12 (4) of the Act means the following:
1. Matters for reflecting natural topographical changes;
2. Correction and supplementation of simple status, statistical data, and other relevant information.
(2) "Minor matters prescribed by Presidential Decree, such as reflecting topographical changes" in the proviso of Article 12 (5) of the Act means the following:
1. Matters for reflecting natural topographical changes;
2. Modification of the functional area for coastal sea within the same sea area for coastal use;
3. Correction and supplementation of simple status, statistical data, and other relevant information.
Article 8(Other functional areas for coastal sea) #
(1) "Functional areas prescribed by Presidential Decree" in Article 19 (1) 1 g of the Act means areas for underwater cultural facilities (areas necessary for the establishment and operation of underwater cultural facilities, such as underwater aquariums and maritime museums).
(2) "Functional areas prescribed by Presidential Decree" in Article 19 (1) 2 f of the Act means areas for marine environmental restoration (areas necessary for restoration projects for the marine environment and ecosystem).
(3) "Functional areas prescribed by Presidential Decree" in Article 19 (1) 3 f of the Act means areas for marine cultural heritage preservation (areas necessary for the management of marine cultural and historical relics of preservation value).
Article 9(Designation of functional areas for coastal sea) #
(1) A functional area for coastal seas under Article 19 of the Act may be designated to overlap with another such area, or the designation of such area may be modified. <Amended on Aug. 12, 2014>
(2) If necessary for the efficient utilization, development, and conservation of coasts, a Mayor/Do Governor or the head of a Si/Gun/Gu may subdivide and designate functional areas for coastal sea according to management purposes through modification of area plans pursuant to Article 19 (1) of the Act. <Amended on Mar. 23, 2013; Aug. 12, 2014>
Article 10(Consultation on legal fiction of determination of area plans) #
If intending to consult with a Mayor/Do Governor or the head of a Si/Gun/Gu pursuant to Article 20 of the Act, the head of a relevant administrative agency shall submit the following documents: <Amended on Mar. 23, 2013; Aug. 12, 2014>
1. An explanatory statement on the purpose, details, necessity, and background of the relevant plan;
2. A written examination of the compatibility of sea areas for coastal use or functional areas for coastal sea determined by the relevant plan and the area plan.
Article 10-2(Grounds for revoking and modifying designation of coastal erosion management areas) #
"Areas prescribed by Presidential Decree" in Article 20-3 (1) 2 of the Act means any of the following areas:
1. An area where a large-scale national project, such as a port construction project, with a significant impact on the national economy is implemented;
2. An area deemed necessary for the installation, repair, reinforcement, and protection of national defense and military installations under the Act on National Defense and Military Installations Projects or for the conduct of military operations.
[This Article Added on Aug. 12, 2014]
Article 10-3(Restrictions on acts in coastal erosion management areas) #
(1) "Acts prescribed by Presidential Decree" in Article 20-5 (1) 4 of the Act means any of the following acts: <Amended on Jan. 5, 2021>
1. Felling or damaging standing trees or bamboos;
2. Damaging or transforming sand dune vegetation.
(2) If intending to restrict acts pursuant to Article 20-5 (2) of the Act, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall have a prior consultation with the head of a relevant central administrative agency and the head of a local government.
(3) When imposing restrictions on acts pursuant to Article 20-5 (2) of the Act, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall publicly notify the details of such restrictions in the Official Gazette or public gazette.
[This Article Added on Aug. 12, 2014]
Article 10-4(Application for approval to be exempt from restrictions on acts) #
(1) A person who intends to obtain approval from the Minister of Oceans and Fisheries or a Mayor/Do Governor or to consult with the Minister pursuant to Article 20-5 (3) of the Act shall submit an application for approval for acts in coastal erosion management areas to the Minister or the Mayor/Do Governor, along with the documents prescribed by Decree of the Ministry of Oceans and Fisheries.
(2) Upon receipt of an application for approval or consultation under paragraph (1), the Minister of Oceans and Fisheries or a Mayor/Do Governor shall assess the impact of an act subject to approval or consultation on coastal erosion and the adequacy of measures to mitigate such impact.
(3) "Cases prescribed by Presidential Decree" in the proviso of Article 20-5 (3) 4 of the Act means any of the following cases:
1. Where there is an intention to develop resources that have a significant impact on the national economy;
2. Where emergency measures are needed to prevent damage to life or property;
3. Where it is necessary for the maintenance, dredging, or removal of pollutants in a harbor zone defined in subparagraph 4 of Article 2 of the Harbor Act or a fishery harbor defined in subparagraph 3 of Article 2 of the Fishing Villages and Fishery Harbors Act;
4. Where it is deemed necessary for the installation, repair, reinforcement, and protection of national defense and military installations under the Act on National Defense and Military Installations Projects or for the conduct of military operations.
[This Article Added on Aug. 12, 2014]
Article 11(Notification of master plans for coastal maintenance) #
If the Minister of Oceans and Fisheries has publicly notified a master plan for coastal maintenance pursuant to Article 21 (3) of the Act, the Minister shall notify the heads of relevant central administrative agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus of the plan without delay. <Amended on Mar. 23, 2013>
Article 12(Modification of minor matters in master plans for coastal maintenance) #
"Urgent circumstances or modification of minor matters prescribed by Presidential Decree" in the proviso of Article 23 (3) of the Act means any of the following:
1. The need for urgent restoration of coastal areas damaged by coastal erosion and other factors;
2. Modification of less than 10/100 of the total construction cost of the coastal maintenance project;
3. Modification of the project period.
Article 13(Large-scale coastal maintenance projects) #
(1) "Project of at least the scale prescribed by Presidential Decree" in Article 24 (2) 1 of the Act means a project with a total construction cost of at least 20 billion won. <Amended on Mar. 3, 2015>
(2) “Projects prescribed by Presidential Decree that have a significant impact on the public interest” in Article 24 (2) 4 of the Act means projects deemed to have a significant impact on the coastal environment by the Minister of Oceans and Fisheries, among projects subject to consultation on general marine use under subparagraph 2 of Appendix 1 of the Enforcement Decree of the Marine Use Impact Assessment Act. <Amended on Mar. 23, 2013; Dec. 31, 2024>
Article 14(Details of implementation plans for coastal maintenance projects) #
The implementation plan for a coastal maintenance project under Article 25 (1) of the Act shall include the following:
1. The objectives of the project;
2. The place where the project is to be implemented;
3. The scale of the project and the total project cost;
4. The project period;
5. The floor plan and the cross-sectional view of the project plan.
Article 15(Modification of minor matters in implementation plans for coastal maintenance projects) #
(2) "Urgent circumstances or modification of minor matters prescribed by Presidential Decree" in the proviso of Article 25 (3) of the Act means any of the following:
1. The need for urgent restoration of coastal areas damaged by coastal erosion and other factors;
2. Modification of less than 10/100 of the total construction cost of the coastal maintenance project;
3. Modification of the project period.
Article 16 #
Deleted. <Aug. 12, 2014>
Article 17(Composition of Central Coastal Management Deliberative Council) #
(1) The Central Coastal Management Deliberative Council under Article 30 of the Act (hereinafter referred to as the "Council") shall be comprised of up to 20 members, including 1 chairperson.
(2) The Vice Minister of Oceans and Fisheries shall serve as the chairperson of the Council, and the members shall include the following persons: <Amended on Mar. 23, 2013; Nov. 19, 2014; Mar. 3, 2015; Jul. 26, 2017>
1. One person each recommended by the head of the agency to which they belong, from among public officials in general service who are members of the Senior Executive Service of the Ministry of Economy and Finance, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, and the Ministry of Oceans and Fisheries;
2. Persons commissioned by the Minister of Oceans and Fisheries from among those with extensive knowledge of and experience in coastal management and other relevant fields.
(3) The term of office of the Council members specified in paragraph (2) 2 shall be 2 years.
(4) The chairperson of the Council shall represent the Council and exercise general supervision over its affairs.
(5) If the chairperson of the Council is unable to perform his or her duties due to any unavoidable reason, a member predesignated by the chairperson shall act on behalf of the chairperson.
(6) If deemed necessary for deliberation, the Council may require public officials of the relevant administrative agencies to attend its meeting and provide their opinions. <Added on Mar. 3, 2015>
Article 17-2(Exclusion, challenge to, or recusal of, members) #
(1) A Council member (hereinafter referred to as "member") shall be excluded from deliberation and resolution by the Council in any of the following cases:
1. Where the member or the current or former spouse of the member is a party to the relevant agenda item (if the party is a corporation or an organization, including its executive officers; hereafter in this subparagraph and subparagraph 2, the same shall apply) or is a co-obligee or co-obligor of the party;
2. Where the member is or was a relative of a party to the relevant agenda item;
3. Where the member has provided any advice or service (including subcontracting) or has conducted any research, appraisal, or investigation with respect to the relevant agenda item;
4. Where the member or a corporation or organization, etc. to which the member belongs is or was an agent of a party to the relevant agenda item;
5. Where an enterprise or any other relevant entity for which a member has served within the last 3 years or currently serves as an executive officer or employee, has provided any advice or service (including subcontracting) or has conducted any research, appraisal, or investigation with respect to the relevant agenda item.
(2) Where the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions by a member, a party to the relevant agenda item may file a motion for challenge to the member with the Council, and the Council shall determine whether to accept the motion by resolution. In such cases, the member subject to the motion must not participate in the resolution.
(3) If any ground for exclusion specified in the subparagraphs of paragraph (1) applies, the relevant member shall recuse himself or herself from deliberation and resolution on the relevant agenda item.
[This Article Added on Jul. 4, 2012]
Article 17-3(Dismissal of members) #
(1) A person who has recommended a member pursuant to Article 17 (2) 1 may withdraw the recommendation if the member falls under any of the following categories:
1. Where the member becomes unable to perform his or her duties due to mental or physical disabilities;
2. Where the member commits irregularities related to the duties;
3. Where the member is deemed unfit to serve as a member due to negligence, loss of dignity, or other reasons;
4. Where the member fails to recuse himself or herself despite falling under any category specified in the subparagraphs of Article 17-2 (1);
5. Where the member voluntarily declares that it is impracticable to perform his or her duties.
(2) If a member specified in Article 17 (2) 2 falls under any category specified in the subparagraphs of paragraph (1), the Minister of Oceans and Fisheries may dismiss the member.
[This Article Added on May 10, 2016]
Article 18(Operation of Council) #
(1) The chairperson of the Council shall convene and preside over meetings of the Council.
(2) A majority of the members of the Council shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
Article 19(Administrative secretary) #
The Council shall have 1 administrative secretary, who shall be appointed by the Minister of Oceans and Fisheries from among public officials of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
Article 20(Allowances) #
Allowances or travel expenses may be paid or reimbursed to Council members within the budget; provided, this shall not apply if a public official attends a meeting of the Council in direct connection with his or her duties.
Article 21(Operating rules) #
Except as provided in this Decree, matters necessary for the operation of the Council shall be determined by the chairperson of the Council after resolution by the Council.
Article 22(Implementation of natural coastal management objectives system) #
(1) The Minister of Oceans and Fisheries may take the following measures to establish the objectives for natural coastal management under Article 32 of the Act: <Amended on Mar. 23, 2013>
1. Surveys on the current status of natural coasts;
2. Establishment of priorities for management by zone and region;
3. Consultation on coastal use and development plans.
(2) The Minister of Oceans and Fisheries may request a Special Self-Governing Province Governor or the head of a Si/Gun/Gu to submit 5-year natural coastal management objectives in consideration of a development plan for the next 5 years for the coasts under his or her jurisdiction, in order to establish natural coastal management objectives pursuant to Article 32 (1) of the Act. <Amended on Mar. 23, 2013>
(3) To achieve the natural coastal management objectives under Article 32 (1) of the Act, the Minister of Oceans and Fisheries may classify natural coasts based on their ecological characteristics, environmental value, coastal landscape, disaster prevention, and other relevant factors, and may accordingly establish and implement policy measures for the management of natural coasts. <Added on Aug. 12, 2014>
(4) The Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu may determine matters regarding the procedures, scope, restoration plan, and other relevant details of a natural coast restoration project under Article 32 (3) of the Act in the implementation plan for a coastal maintenance project under Article 25 of the Act. <Amended on Mar. 23, 2013; Aug. 12, 2014>
Article 23(Coastal keepers) #
(1) If a Mayor/Do Governor or the head of a Si/Gun/Gu intends to commission a coastal keeper pursuant to Article 33 of the Act, he or she shall do so from among any of the following persons: <Amended on Mar. 23, 2013; Aug. 12, 2014>
1. A person who is currently engaged in, or has at least 1 year of experience working with, an organization involved in coastal management activities;
2. A person with experience in research or administration related to coastal management;
3. A person with extensive knowledge and experience in the field of coastal management or environmental studies.
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu shall commission a coastal keeper from among those who have applied for such position. <Amended on Mar. 23, 2013; Aug. 12, 2014>
(3) The duties of coastal keepers shall include the following:
1. Guidance and publicity for the conservation and improvement of the coastal environment;
2. Guidance on acts of damaging the coastal environment and notification to the relevant agencies;
3. Suggestions regarding the installation and operation of facilities for coastal conservation and other relevant measures.
(4) The term of office of a coastal keeper shall be 2 years.
(5) A Mayor/Do Governor or the head of a Si/Gun/Gu may support the activities of coastal keepers and provide necessary activity expenses and other relevant expenses within the budget. <Amended on Mar. 23, 2013; Aug. 12, 2014>
(6) When a Mayor/Do Governor or the head of a Si/Gun/Gu commissions a coastal keeper, he or she shall issue a certificate verifying his or her identity, as prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Aug. 12, 2014>
Article 24(Details of periodic inspections) #
(1) The subjects of periodic inspections regarding the implementation status of an integrated plan, an area plan, and basic coastal maintenance plan under Article 34 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013; Aug. 12, 2014>
1. Matters regarding coastal use and development;
2. The implementation status of coastal maintenance projects;
3. Matters regarding restrictions on, or support, etc. for, acts in coasts, such as authorization, permission, etc. under other statutes and regulations;
4. The current status of coastal pollution;
5. The changes in the coastline, seabed topography, marine structures, and other relevant factors, as well as the variations in tides, tidal currents, and other relevant conditions;
6. Except as provided in subparagraphs 1 through 5, matters deemed necessary by the Minister of Oceans and Fisheries for coastal management.
(2) Article 2 (6) and (7) shall apply mutatis mutandis to an inspection under paragraph (1). In such cases, "investigation" shall be construed as "inspection". <Amended on Aug. 12, 2014>
(3) The evaluation conducted to prepare a self-assessment report on the implementation status of an area plan under Article 34 (2) of the Act shall cover the following:
1. The annual implementation status of the area plan;
2. Reasons for the poor performance in implementing the area plan;
3. Details of the future implementation plan and methods of promotion.
(4) The Minister of Oceans and Fisheries may evaluate a self-evaluation report under paragraph (3). In such cases, the Minister of Oceans and Fisheries may separately determine detailed evaluation criteria, such as the justification for the poor performance in implementing the area plan. <Amended on Mar. 23, 2013>
Article 24-2(Establishment and management of coastal information system) #
The Minister of Oceans and Fisheries may perform the following tasks for the efficient establishment and management of the coastal information system under Article 34-2 (1) of the Act:
1. Standardizing the coastal information system;
2. Conducting research and development for the establishment and management of the coastal information system;
3. Establishing connections and promoting joint projects between the coastal information system and other information systems established and operated under other statutes and regulations.
[This Article Added on Aug. 12, 2014]
Article 24-3(Designation of coastal education centers) #
(1) A person who intends to be designated as a coastal education center pursuant to Article 34-4 (2) of the Act shall submit an application for designation as a coastal education center to the Minister of Oceans and Fisheries, along with the documents prescribed by Decree of the Ministry of Oceans and Fisheries.
(2) Upon receipt of an application for designation under paragraph (1), the Minister of Oceans and Fisheries shall examine whether the application meets the designation criteria prescribed by Decree of the Ministry of Oceans and Fisheries and shall designate the applicant as a coastal education center.
(3) A coastal education center designated pursuant to paragraph (2) shall conduct the following tasks:
1. Education and publicity of policies for coastal management;
2. Development and operation of coastal education programs;
3. Survey, research, and provision of materials related to coastal management;
4. Publication, distribution, and promotion of books related to coastal management;
5. Projects entrusted by the State, a local government, or a public institution under Article 4 of the Act on the Management of Public Institutions;
6. Other projects necessary for raising awareness about coasts.
[This Article Added on Aug. 12, 2014]
Article 24-4(Procedures for purchase of land by consultation) #
(1) When the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu purchases land, buildings, other goods, mining rights, fishing rights, and other relevant rights (hereafter in this Article and Articles 24-5 and 24-6, referred to as "land, etc.") through consultation pursuant to Article 34-5 (1) of the Act, the authority shall engage in good-faith consultation with the owners of land, etc. and relevant persons regarding compensation for such land, etc. In such cases, matters necessary for consultation, such as the procedures and methods for consultation, shall be prescribed by Decree of the Ministry of Oceans and Fisheries.
(2) Upon completion of consultation under paragraph (1), the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall conclude a contract with the landowners and relevant persons.
[This Article Added on Aug. 12, 2014]
Article 24-5(Criteria for purchase of land) #
"Criteria prescribed by Presidential Decree" in the latter part of Article 34-5 (4) of the Act means fulfilling all of the following requirements: in such cases, there shall be no fault attributable to a person who intends to request the purchase of land, etc., for the significant reduction in the utility of such land: <Amended on Aug. 31, 2016>
1. The land, etc. shall have been continuously owned by the owner (including his or her heir) within the coastal erosion management area since the designation of such area;
2. The relevant land, etc. shall be essentially unusable or unprofitable due to the restrictions on acts within the coastal erosion management area under Article 20-5 of the Act;
3. In cases of land, the category (the actual use of the land before the designation of the coastal erosion management area shall be deemed the land category, if the person intends to request the purchase can prove, with public records, that the land was used differently from its category in the cadastral records before the designation) of which before the designation of the coastal erosion management area is unusable at the time of the purchase request, the Officially Assessed Individual Land Price (referring to the officially assessed individual land price under Article 10 of the Act on the Public Announcement of Real Estate Values; hereafter in this Article, the same shall apply) on the day of the purchase request shall be less than 50 percent of the average officially assessed individual land price of the same land category within the designated coastal erosion management area of the relevant Eup/Myeon/Dong where the land is located (referring to the officially assessed individual land price for the same land category of the adjacent land, in cases where there is no same land category within the designated coastal erosion management area in the relevant Eup/Myeon/Dong where the land is located).
[This Article Added on Aug. 12, 2014]
Article 24-6(Procedures for requesting purchase of land) #
(1) A person who intends to request the purchase of land, etc. pursuant to Article 34-5 (4) of the Act shall submit a written request for purchase to the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu, along with the following documents (including those in electronic form), as prescribed by Decree of the Ministry of Oceans and Fisheries:
1. A document stating the name (in cases where the owner is a corporation, its name and the name of its representative), address, and other relevant details of the owner of the land, etc. subject to the purchase request;
2. The lot number, land category, area, current utilization status, and the status of rights established on the land, etc. subject to the purchase request, as well as a document proving the ownership of the land, etc.;
3. A document listing the details of structures and other relevant objects on the land, etc., subject to the purchase request;
4. Details of revenues from the land, etc. (limited to real rights, such as mining rights and fishery rights) subject to the purchase request for the last 3 years before such request.
(2) If a person who intends to request the purchase of land, etc. submits the documents specified in paragraph (1), the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall verify the certificate of registered matters of the relevant land and buildings through administrative data matching under Article 36 (1) of the Electronic Government Act.
(3) The Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall notify the person requesting the purchase of whether the land, etc. is subject to purchase, the estimated purchase price, and other relevant details within 3 months from the date of receipt of the purchase request under paragraph (1).
(4) When the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu provides notification that the relevant land, etc. is subject to purchase pursuant to paragraph (3), the authority shall formulate a purchase plan for the land, etc. and purchase it within 5 years from the date of notification.
(5) Articles 67 (1), 68, and 70, 75, and 76 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the timing, methods, standards, and other relevant matters for calculating the purchase price in cases of purchasing land, etc. pursuant to paragraph (4).
Article 25(Application for adjudication) #
A person who intends to apply for adjudication on compensation for loss pursuant to Article 36 (3) of the Act shall file an application for adjudication stating the following with the competent Land Tribunal:
1. The names and addresses of the claimant for adjudication and the other party;
2. Details of the loss incurred;
3. The amount of loss claimed by the claimant for adjudication and the compensation amount proposed by the implementer of the coastal maintenance project or by the administrative agency to which a public official in charge of survey and inspection under Articles 5 and 34 of the Act belongs;
4. Progress of consultation;
5. Except as provided in subparagraphs 1 through 4, matters to be used as a reference for adjudication.
Article 26 #
Deleted. <Aug. 12, 2014>
Article 27(Delegation of authority) #
(1) The Minister of Oceans and Fisheries shall delegate the authority over the following affairs to the administrators of regional offices of oceans and fisheries pursuant to Article 38 (1) of the Act: <Amended on Mar. 23, 2013; Aug. 12, 2014; Jan. 6, 2015>
1. The authority over the following affairs regarding the coasts within a harbor zone of a national trade port under Article 3 (2) 1 of the Harbor Act (hereafter in this Article referred to as "national trade port"):
a. Restrictions on acts in a buffer management area under Article 20-5 (2) of the Act;
b. A suspension or reinstatement order under Article 20-6 of the Act;
c. Temporary restrictions on access to a coastal erosion management area under Article 20-7 of the Act;
d. Vicarious execution under Article 20-8 of the Act;
e. Implementation of a coastal maintenance project under the main clause of Article 24 (1) of the Act;
f. Designation of the implementer of a coastal maintenance project under Article 24 (4) 1 of the Act;
g. Formulation of the implementation plan for a coastal maintenance project under Article 25 (1), (3), and (4) of the Act, as well as consultation, public notice, and notification following the formulation and modification of the plan;
h. Approval for the formulation and modification of the implementation plan for a coastal maintenance project under Article 25 (2) through (4) of the Act, as well as consultation, public notice, and notification following the approval of the plan;
i. Appropriation and use of land, etc. under Article 27 of the Act;
j. Purchase of land, etc. under Article 34-5 of the Act;
k. Access to land, etc., temporary use of land, and modification or removal of obstacles under Article 35 of the Act;
l. Compensation for loss under Article 36 of the Act;
m. Imposition and collection of administrative fines under Article 39 of the Act;
n. Periodic inspections of coasts under Article 24 (1) 1 through 4 and 6;
2. Authority over the business affairs specified in subparagraph 1 f through i and k through m for coastal maintenance projects and the implementation of such projects under the proviso of Article 24 (2) of the Act.
Article 28(Entrustment of business affairs) #
(1) The Minister of Oceans and Fisheries may entrust the business affairs specified in the subparagraphs of Article 38 (2) of the Act to the following institutions: <Amended on Apr. 30, 2018>
1. The Korea Maritime Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
2. The Korea Marine Environment Management Corporation established under Article 96 of the Marine Environment Management Act;
3. The Korea Institute of Ocean Science and Technology established under the Korea Institute of Ocean Science and Technology Act;
4. Coastal education centers designated under Article 34-4 (2) of the Act.
(2) When the Minister of Oceans and Fisheries entrusts business affairs pursuant to paragraph (1), the Minister shall publicly notify the entrusted institutions, the details of entrusted affairs, and the methods of handling the affairs.
[This Article Wholly Amended on Aug. 12, 2014]
Article 28-2(Re-examination of regulation) #
The Minister of Oceans and Fisheries shall examine the appropriateness of the criteria for the imposition of administrative fines under Article 29 (1) and subparagraph 2 b of Appendix every 3 years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. <Amended on Dec. 30, 2016>
[This Article Added on Dec. 9, 2014]
Article 29(Criteria for imposition of administrative fines) #
(1) The criteria for the imposition of administrative fines under Article 39 (1) of the Act shall be as specified in Appendix.
(2) The Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu may reduce the amount of an administrative fine by up to 1/2 of the amount specified in the Appendix, taking into consideration the motive, details, severity, etc. of the violation. <Amended on Mar. 23, 2013>