ENFORCEMENT DECREE OF THE RIVER ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE RIVER ACT — 법갈피

Article 17-2(Method of examination on riverbed changes and cycle and period thereof) #

(1) The examination on riverbed changes under Article 21-2(1) of the Act (hereafter referred to as "riverbed changes") shall be conducted by the following methods:

1. Leveling, including longitudinal leveling and cross leveling;

2. Collection of materials of riverbed and sediment measurement;

3. Estimation of riverbed changes and analysis of riverbed changes by year;

4. Prediction of future riverbed changes using numerical model for river;

5. Other methods necessary for the analysis and evaluation of the impact of riverbed changes.

(2) Riverbed changes shall be examined every 10 years in connection with the formulation of basic river plans under Article 25(1) of the Act; provided, such examination can be conducted biannually in sections with frequent occurrence of scour and sedimentation, such as direct downstream water of dams, upstream and downstream water of multi-functional weirs, confluence of tributaries, areas installed with water-intake facilities, from among river sections of the Han River, Nakdong River, Geum River, Yeongsan River, and Seomjin River; every one year in areas with large level of riverbed changes; and in varying cycle within the scope of every five years in areas with small level of river changes.

(3) A river management agency may conduct frequent examinations or special examinations in addition to the regular examination under paragraph (2) where it is deemed necessary due to occurrence of flood and other reasons.

(4) Riverbed changes shall be examined after flood seasons; provided, frequent examinations or special examinations under paragraph (3) may be conducted before or during flood seasons.

(5) The method of, timing for, and cycle of examination on riverbed changes, processing and use of data, and other details necessary for examination on riverbed changes, other than the matters under paragraphs (1) through (4), shall be determined and publicly notified by the Minister of Climate, Energy and Environment. <Amended on Dec. 28, 2021; Oct. 1, 2025>

[This Article Added on Jul. 19, 2016]

Article 26(Formulation of river works execution plans) #

(1) River works execution plans pursuant to Article 27(1) of the Act (hereinafter referred to as "river works execution plan") shall include matters falling under the following subparagraphs:

1. The name of the river works;

2. The purposes and summary of such river works;

3. The location of an area where such river works are implemented;

4. The name and address of the contractor of such river works;

5. The scheduled date of commencement and completion of such river works;

6. Documents stating the details of items or rights falling under the following items and names and addresses of owners and right holders other than owners:

a. Land or rights other than the ownership of such land;

b. Items fixed to land and rights other than the ownership of such items;

7. Construction documents (in cases where river works are divided into two or more works sections, such construction documents shall be developed for each works section);

8. The estimated costs of such works project and plans for raising funds to meet such costs (including annual investment plans);

9. The schedule for the river works;

10. Matters concerning the management of river facilities;

11. The estimated area of desolate river sites, etc. after the completion of river works under Article 84(1) of the Act.

(2) "Minor river works prescribed by Presidential Decree" in the proviso of Article 27(1) of the Act means works falling under any of the following subparagraphs: <Amended on Apr. 1, 2025>

1. Disaster recovery work under the Countermeasures against Natural Disasters Act;

2. Works under safety measures under Article 31(1)2 and 3 of the Framework Act on the Management of Disasters and Safety (including safety measures taken as emergency measures under Article 37(1)1-2 of that Act), which are deemed urgently necessary by a river management agency in consideration of the details, scale, etc. of works;

3. Routine works implemented to maintain and repair rivers.

(3) Upon formulating or amending a river works execution plan, a river management agency shall publicly notify matters referred to in paragraph (1)1 through 6 in the Official Gazette or public gazette.

Article 27(Works for other installations) #

(1) A river management agency shall, when intending to undertake works pursuant to each subparagraph of Article 27(7) of the Act, notify the manager of the relevant installations or a person liable to undertake the relevant works; provided, where the manager of the relevant installations, etc. is an administrative agency, the river management agency shall have a prior consultation with such administrative agency. <Amended on Nov. 16, 2009; Dec. 12, 2023>

(2) A river management agency shall, when intending to maintain and repair other installations pursuant to Article 27(7) of the Act, furnish a plan for the maintenance and repair of such installations and a cost estimate to the manager of the other installations, etc. <Amended on Dec. 12, 2023>

(3) A river management agency shall, when giving a notice or seeking consultations under paragraph (1), make a written request for such consultations, along with design drawings and documents for such works.

(4) A river management agency shall, when completing works for other installations or other works referred to in Article 27(7) of the Act, furnish without delay a construction completion report, design drawings and the statement of accounts of costs to the manager of other relevant installations, etc. <Amended on Dec. 12, 2023>

(5) A river management agency shall publish the following in the Official Gazette or the public gazette pursuant to Article 27(8) of the Act: <Amended on Dec. 12, 2023>

1. The name of the river works;

2. The purposes and summary of such river works;

3. The location of an area where such river works are implemented;

4. The name and address of the contractor of such river works;

5. The date of commencement and completion of such river works;

6. Detailed records of land incorporated within the river area;

7. A topographic map of the river area, on which the land registers are indicated with a scale of 1:15,000,000 or greater;

8. The estimated area of desolate river sites created by such river works, plans for preservation and disposal thereof under Article 84(1) of the Act;

9. Matters concerning the management of completed facilities.

Article 28(Execution of river works by proxy) #

(1) The Minister of Climate, Energy and Environment may execute, by proxy, river works falling under any of the following subparagraphs in accordance with Article 28(1) of the Act: <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

1. River works for local rivers;

2. River works implemented to maintain and repair national rivers.

(2) The Minister of Climate, Energy and Environment shall, when intending to execute river works by proxy in accordance with Article 28(1) of the Act, notify the Mayor/Do Governor of the matters under Article 26(1)1 through 5. <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

(3) "Government-funded institution prescribed by Presidential Decree" in the former and the latter parts of Article 28(2) of the Act means the Korea Water Resources Corporation established pursuant to the Korea Water Resources Corporation Act.

(4) The Minister of Climate, Energy and Environment may have the Mayor/Do Governor or the Korea Water Resources Corporation under paragraph (3) execute, by proxy, river works falling under any of the following subparagraphs in accordance with Article 28 (2) of the Act: <Amended on Nov. 16, 2009; Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

1. Disaster recovery work;

2. River works executed in connection with river facilities installed and managed by the Mayor/Do Governor or a public institution under the Act on the Management of Public Institutions;

3. River works executed in connection with the operation or management of dams, etc. under Article 39(1) of the Act;

4. Other river works recognized by the Minister of Climate, Energy and Environment as necessary, taking into consideration the sustainable development of the land, revitalization of the local economy, local characteristics, and technology levels, etc.

(5) The Minister of Climate, Energy and Environment shall, when intending to have works under paragraph (4) executed by proxy, notify in advance the person who executes the relevant works by proxy of the matters falling under the following subparagraphs and hear his or her opinion: <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

1. Matters referred to in Article 26(1)1 through 5;

2. The amount of budget (including plans for annual contribution of funds and raising such funds).

(6) The Minister of Climate, Energy and Environment shall, when publicly notifying the completion of river works in accordance with Article 28(4) of the Act, notify the Mayor/Do Governor of the details thereof without delay; and a person who executes, by proxy, river works in accordance with Article 28(2) of the Act shall, when publicly notifying the completion of river works, notify the Minister of Climate, Energy and Environment of the statement of accounts of costs and the details of the public notice of completion without delay. <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

(7) Article 27(5) shall apply mutatis mutandis to public notice under Article 28(4) of the Act.

Article 36(Prohibition of permission for occupation and use of rivers) #

(1) "Agrochemical or fertilizer prescribed by Presidential Decree" in Article 33(4)1 of the Act means any of the following:

1. Agrochemicals of acute toxicity level I (virulently poisonous) or II (highly poisonous) from among those under subparagraph 1 of Appendix 1 of the Enforcement Decree of the Pesticide Control Act and with toxicity to mudfish of levels of I or II from among those under subparagraph 2a of the said Table;

2. Fertilizers which exceed the hazard criteria of heavy metals prescribed in Appendix 1 of the Enforcement Decree of the Fertilizer Control Act;

3. Fertilizers produced by using materials that shall not be used as raw materials for compost under the legal standards publicly notified pursuant to Article 4 of the Fertilizer Control Act.

(2) "Damaging or threatening to damage rivers and river management facilities, such as extracting aggregate, etc. prescribed by Presidential Decree" in the proviso of Article 33(4)2 of the Act means any of the following:

1. Extracting aggregates in violation of the principle that sedimentary sections shall be extracted first;

2. Extracting aggregates in the direction from upstream towards downstream of a river or from the shores on both sides of a river towards its center;

3. Stockpiling aggregates within the river area; provided,, the extracted aggregate may be stockpiled, screened or washed to the extent permitted by the relevant river management agency in recognition of the fact that such activities do not interfere with the management of a river;

4. Extracting aggregates in an uneven and unbalanced manner, thereby creating a pool;

5. Failing to tidy up the soil and stones after extracting aggregates, leaving a mess at the riverbed.

(3) "Activities prescribed by Presidential Decree" in the proviso of Article 33(4)4 of the Act means installing a fixed structure that is essentially required to maintain the structural strength of a structure.

(4) "Activities prescribed by Presidential Decree" in Article 33(4)5 of the Act means the following: <Amended on Nov. 16, 2009; Sep. 19, 2017>

1. Collecting plants, such as bamboo, trees, reeds, grass, and waterweed, which are likely to damage the slope and bed of a river;

2. Operating ships or dabbling in water at an area where watercraft accidents often occur, or where two or more navigational routes overlap;

3. Installing structures that may obstruct the passage to or from the river;

4. Installing greenhouses (including plastic greenhouses) and other facilities similar thereto.

Article 39(Scope of vested river user) #

(1) "Person ... who has a right to a river as is prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 34(1) of the Act means any of the following: <Amended on Sep. 19, 2017; Aug. 26, 2020>

1. Any person who falls under the following:

a. Any person who has obtained permission for river works under Article 30(1) of the Act (including any person who is deemed to have obtained permission for river works in accordance with other statutes or regulations);

b. Any person who has obtained permission for occupation and use of a river (including any person who is deemed to have obtained permission for occupation and use of a river in accordance with other statutes or regulations);

c. Any person who has obtained permission for use of river water;

2. Any person who has obtained a right to a river pursuant to other statutes, such as those who have fishing rights, aquaculture business right, mining rights or dam usage rights.

(2) Where a permission for occupation and use of a river results in any of the following situations and it becomes apparent that such situation will surely incur loss to a relevant vested river user, including seriously impeding the exercise of his or her right to the river, the river management agency shall require the applicant for the permission for occupation and use of the relevant river to obtain the consent of the vested river user pursuant to Article 34(1) of the Act: <Added on Sep. 19, 2017>

1. Limited access to the river;

2. Damage to the water quality and aquatic ecosystem including decline in the water pollution index and decrease in the number of aquatic species or aquatic population;

3. Undermining safety of the river, including rise in the water level of the river, disrupting circulation of a flowing stream, and washing away and scouring of the river;

4. Other situations similar to those referred to in subparagraphs 1 through 3.

(3) The river management agency shall designate a vested river user from whom the applicant should obtain consent within 10 days from the date of his or her application for permission for occupation and use of the river and notify the applicant of the following: <Added on Sep. 19, 2017>

1. Name and telephone number of the vested river user;

2. Matters regarding permission or right classified as follows:

a. Where the vested river user falls under paragraph (1)1: permission for the relevant vested river user;

b. Where the vested river user falls under paragraph (1)2: right of the relevant vested river user.

(4) Upon giving notification under paragraph (3), the river management agency shall without delay notify the vested river user of such fact. <Added on Sep. 19, 2017>

(5) Upon receipt of the notification under paragraph (3), the applicant for the permission for occupancy and use of the river shall submit the written consent of the relevant vested river user within the period prescribed by Decree of the Ministry of Climate, Energy and Environment. <Added on Sep. 19, 2017; Dec. 28, 2021; Oct. 1, 2025>

[Title Amended on Sep. 19, 2017]

Article 49(Designation criteria for preservation districts) #

(1) A river management agency may designate a district for preservation under Article 44(1) of the Act within any of the following river areas: <Amended on Nov. 16, 2009>

1. River areas highly worthy of preservation to maintain the natural ecosystem of a river;

2. River areas that have water in large quantities and high quality, thereby having a great impact on the supply of water;

3. River areas having unique landscape, topography or geology;

4. River areas which represent various riverine ecosystems or may be used as a sample thereof;

5. River areas with important and intrinsic historical and cultural values;

6. River areas other than those prescribed in subparagraphs 1 through 5, deemed by the river management agency to be in need of preservation.

(2) A river management agency may, where the district for preservation designated in accordance with paragraph (1) or a river area falling under any subparagraph of paragraph (1) has been damaged or destroyed due to human intervention, natural disasters, etc. and is required to be restored in order to preserve natural, historical or cultural values, designate a district for restoration under Article 44(1) of the Act within the relevant river area.

(3) A river management agency may designate a hydrophilic district under Article 44(1) of the Act within the river area falling under any of the following subparagraphs. In such cases, such designation shall be limited to the minimum extent necessary for the preservation of nature and ecological environment of a river:

1. The river area in which commercial activities are performed after obtaining permission for occupation and use of a river for direct or indirect hydrophilic activities;

2. The river area in which hydrophilic activities have been traditionally active;

3. Other river areas which are deemed by the river management agency to be in need of designation as hydrophilic districts.

(4) Detailed matters regarding the criteria, etc. for designating districts for preservation or restoration and hydrophilic districts under Article 44(1) of the Act shall be determined by the Minister of Climate, Energy and Environment in consultation with the head of the relevant central administrative agency. <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

Article 74(Expenses borne by city/do) #

(1) The expenses which the Minister of Climate, Energy and Environment may require a City/Do to bear in accordance with Article 61(1) and (2) of the Act shall be as follows: <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

1. Where river expenses borne by the National Treasury under Article 59 of the Act that the Minister requires a City/Do, in which a relevant river is located, to bear: Not more than 1/4 of such expenses;

2. Where river expenses are borne by the National Treasury under Article 60 of the Act: Not more than 1/3 of such expenses;

3. Where another City/Do benefiting from river works and the maintenance and repair of a river is required to bear such expenses under Article 61(2) of the Act: Not more than 1/4 of such expenses.

(2) The Minister of Climate, Energy and Environment shall, when intending to have a City/Do bear part of the expenses incurred in river works, maintenance and repair, etc. of rivers in accordance with paragraph (1), consult with the Minister of the Interior and Safety about the amount to be borne by the City/Do. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 28, 2021; Oct. 1, 2025>

(3) The Mayor/Do Governor, who intends to require another City/Do to bear part of the expenses incurred in river works, or maintenance or repair of a river in accordance with Article 61(2) of the Act, shall file with the Minister of Climate, Energy and Environment a written request expressly stating the name of the river concerned, the name of the river works, the costs of such works, and the amount to be borne by the City/Do. <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

(4) The Minister of Climate, Energy and Environment shall, where he or she deems a request made under paragraph (3) to be valid, notify a City/Do benefiting from the benefits in writing (including by electronic documents) of bearing the expense. In such cases, a copy of a written request under paragraph (3) shall be attached to the notice. <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

Article 79(Custody and handling of occupying objects) #

(1) A river management agency shall, when removing any occupying objects, etc. in accordance with Article 73(1) of the Act, take measures so that the owner or the manager of such occupying objects can easily be aware of where the occupying objects are kept, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

(2) A river management agency shall, when keeping occupying objects, etc. in custody under paragraph (1), publish the details of custody of such objects, etc. in the bulletin board, the website, etc. of the river management agency for a certain period, make and keep the list of such objects, etc. and allow the relevant persons to peruse the list, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

(3) A river management agency shall, where it is impossible to identify the owner or the manager of the occupying objects, etc. even after the lapse of the publication period referred to in paragraph (2), publish again the matters that have already been published under paragraph (2) in daily newspapers and on the Internet; provided, in the event that such occupying objects are recognized as having no property value worth publishing them in daily newspapers, they shall be publicly announced on the Internet.

(4) In the event that the occupying objects are likely to be worn out, deteriorated or destroyed, etc. while in custody under paragraph (1), the river management agency may sell them and keep the proceeds therefrom. In such cases, paragraphs (2) and (3) shall apply mutatis mutandis to the public notice of the keeping of such proceeds.

(5) All sales of occupying objects under paragraph (4), with the exception of cases falling under any of the following subparagraphs, shall be by competitive bidding in accordance with the Act on Contracts to Which the State Is a Party or the Act on Contracts to Which a Local Government Is a Party:

1. Where it is deemed that no bidder is likely to participate in the bidding even such object is placed on competitive bidding;

2. Where competitive bidding is deemed inappropriate because the object holds little property value or for any other reasons.

Article 84(Procedures for purchase) #

(1) Any person who intends to request purchase of land, etc. (hereafter referred to as "land, etc.) in accordance with Article 79(1) of the Act (hereinafter referred to as "requester") shall submit a written request for purchase prescribed by Decree of the Ministry of Climate, Energy and Environment to the river management agency. <Amended on Mar. 23, 2013; Jul. 19, 2016; Dec. 28, 2021; Oct. 1, 2025>

(2) The river management agency which has received a request for purchase in accordance with paragraph (1) shall determine whether the relevant request meets the criteria for land, etc. subject to purchase pursuant to Article 85 (hereinafter referred to as "purchase criteria") and notify the requester as to whether such land, etc. is qualified for purchase and, in cases where it falls under land, etc. subject to purchase, the estimated price. <Amended on Jul. 19, 2016>

(3) The estimated purchase price under Article 80(1) of the Act (hereinafter referred to as "estimated purchase price") shall be the standard market price under Article 4 of the Local Tax Act as at the time such request has been made; provided, in cases of absence of the standard market price, it shall be calculated by comparing cases of trade of the relevant item and similar item in a neighboring area. <Amended on Jul. 19, 2016>

(4) The river management agency shall, when it has notified the estimated purchase price in accordance with paragraph (2), entrust the appraisal and evaluation of the land, etc. subject to purchase to two or more appraisal corporation, etc. (referring to appraisal corporation, etc. defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers; hereinafter the same shall apply) and determine the purchase price by applying mutatis mutandis the method of calculation, etc. under the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Jul. 19, 2016; Aug. 31, 2016; Jan. 21, 2022>

(5) The river management agency shall, in cases where it intends to entrust the appraisal and evaluation pursuant to paragraph (4), notify the requester of the entrustment of the appraisal and evaluation at least one month prior to such entrustment.

(6) Upon determining the purchase price under paragraph (4), the river management agency shall immediately notify the requester thereof.

Article 92(Concession of desolate river sites) #

(1) The Minister of Climate, Energy and Environment shall transfer any desolate river site, etc. in the following order in accordance with Article 85(1) of the Act: <Amended on Mar. 23, 2013; Dec. 28, 2021; Oct. 1, 2025>

1. The first: The original land owner before the incorporation into a river area, who has not been compensated for his or her land or has not obtained any desolate river site, etc. in exchange for his or her land;

2. The second: A person who has implemented river works pursuant to Articles 28 and 30 of the Act;

3. The third: The Mayor/Do Governor who maintains and repairs national rivers.

(2) A desolate river site, etc., the price of which is equivalent to that of his or her original land shall be transferred to the original land owner referred to in paragraph (1). In such cases, the price of the desolate river site, etc. and that of the original land shall be calculated based on the following standards:

1. The price of a desolate river site, etc. shall be based on the price at the time of transfer;

2. The price of the original land shall be based on the amount which derives by adding the land price at the time of incorporation to the land-price fluctuation value until the time of concession or the price of the land which is located near and similar to the land at the time of incorporation.

(3) A desolate river site, the price of which is equivalent to the cost of such works, shall be transferred to the person who conducts river works under paragraph (1)2. In such cases, the price of such desolate river site, etc. and the costs of works shall be calculated in consideration of the following prices: <Amended on Jun. 28, 2016; Jan. 21, 2022>

1. The price of the desolate river site, etc. shall be based on the appraised price by an appraisal corporation, etc. as at the time of completion of the works and where the price of the desolate river site, etc. has risen by the project operator's payment of useful expenses to the desolate river site, etc., the increased portion shall be deducted from the appraised price; provided, where the price of a desolate river site, etc. which is generated by river works apparently falls short of the cost of works, it shall be based on the price calculated according to the publicly announced price of the land which is located near and similar to such land;

2. The cost of works shall be the amount calculated as at the time of the completion of such works in accordance with Article 9 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party or Article 10 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party.

Article 105(Delegation of authority) #

(1) The Minister of Climate, Energy and Environment shall delegate his or her authority falling under the following subparagraphs to the Mayor/Do Governor in accordance with Article 92(1) of the Act: <Amended on Dec. 30, 2009; Dec. 20, 2010; Mar. 23, 2013; Jun. 28, 2016; Dec. 28, 2021; Dec. 12, 2023; Oct. 1, 2025>

1. The following authority concerning national rivers (excluding national rivers falling under subparagraph 2):

a. Receipt of reports pertaining to the succession of rights and obligations pursuant to Article 5(2) of the Act (limited to the matters permitted by the Mayor/Do Governor);

b. Permission for the occupation and use of rivers and publication thereon under Article 33(1)1,5 and 6 of the Act;

c. Vicarious execution of any work that occupies and uses a river under Article 36(1) of the Act and a notice for period of works under Article 36(2) of the Act (limited to the matters permitted by the Mayor/Do Governor);

d. Permission for any act in a flood control area under Article 38 of the Act;

e. Orders issued to restore to the original state, exemption from duties of restoration, the nationalization of installations, etc., the deposit of expenses incurred in relation to the restoration under Article 48 of the Act (limited to the matters permitted by the Mayor/Do Governor);

f. Collection of usage fees related to collection of groundwater pursuant to Article 50(6) of the Act;

g. Refund of erroneously paid charges, etc. under Article 68 of the Act (limited to the payments imposed by the Mayor/Do Governor);

h. Dispositions against violators of statutes issued under Article 69 of the Act (limited to the matters for which the authority concerning permission is delegated to the Mayor/Do Governor);

i. Orders of dispositions or measures under Article 70 of the Act (limited to the matters permitted by the Mayor/Do Governor);

j. Removal, custody, disposition, and other necessary measures, of occupying objects, etc. provided for in Article 73 of the Act;

k. Access, etc. to a third party's land under Article 75 of the Act (limited to the matters for which the authority concerning permission is delegated to the Mayor/Do Governor);

l. Deleted; <Jul. 19, 2016>

m. Reports and entry, etc. under Article 90 of the Act (limited to the matters for which the authority concerning permission is delegated to the Mayor/Do Governor);

n. Hearings under Article 91 of the Act (limited to the matters permitted by the Mayor/Do Governor);

o. Deleted; <Jul. 19, 2016>

p. Imposition and collection of administrative fines under Article 98(3)1,6, and 7 of the Act (limited to the matters for which the authority concerning permission is delegated to the Mayor/Do Governor);

2. The following authority concerning national rivers that belong to any river system of the Anseong River, the Sapgyo River, the Mangyeong River, the Dongjin River, the Tamjin River, the Taehwa River and the Hyeongsan River; provided, the authority under items b through f, p and q regarding river works recognized and publicly notified by the Minister of Climate, Energy and Environment as necessary for river basin management or emergency disaster recovery, etc., shall be excluded:

a. Receipt of reports pertaining to the succession of rights and obligations pursuant to Article 5(2) of the Act (limited to the matters permitted by the Mayor/Do Governor);

b. Formulation and alteration of river works execution plans pursuant to Article 27(1) and (3) of the Act, and the notification thereof;

c. River works under the main clause of Article 27(6) of the Act;

d. River works, and maintenance and repair of rivers, under Article 27(7) of the Act;

e. Notice on the completion of river works pursuant to Article 27(8) of the Act;

f. Consultation with the heads of relevant administrative agencies pursuant to Article 32(3) of the Act (limited to the cases where a river works execution plan has been established or altered, and notified, pursuant to item b);

g. Permission for occupation and use of rivers pursuant to Article 33(1)1,5 and 6 of the Act, and the notification thereof;

h. Execution of works on river occupation and use by proxy under Article 36(1) of the Act and the notice on the period of execution under paragraph (2) of the same Article (limited to the matters permitted by the Mayor/Do Governor);

i. Permission for acts within a flood control area under Article 38 of the Act;

j. Orders for restoration, exemption from the duty to restore, nationalization of installations, etc., and deposit of costs for restoration under Article 48 of the Act (limited to the matters permitted by the Mayor/Do Governor);

k. Collection of usage fees related to collection of groundwater under Article 50(6) of the Act;

l. Refund of erroneously paid charges, etc. under Article 68 of the Act (limited to those imposed by the Mayor/Do Governor);

m. Disposition, etc. against violators of statutes issued under Article 69 of the Act (limited to the matters for which the authority for permission has been delegated to the Mayor/Do Governor);

n. Orders for disposition or taking measures under Article 70 of the Act (limited to the matters permitted by the Mayor/Do Governor);

o. Removal, safekeeping and disposal of occupying objects, etc. and other necessary countermeasures under Article 73 of the Act;

p. Entry, etc. to a third party’s land pursuant to Article 75 of the Act (limited to the matters for which the authority has been delegated to the Mayor/Do Governor);

q. Expropriation and use of land, etc. under Article 78 of the Act (limited to the cases where river works are carried out);

r. Deleted; <Jul. 19, 2016>

s. Report and entry, etc. under Article 90 of the Act (limited to the matters for which the authority for permission has been delegated to the Mayor/Do Governor);

t. Hearings under Article 91 of the Act (limited to the matters permitted by the Mayor/Do Governor);

u. Deleted; <Jul. 19, 2016>

v. Imposition and collection of administrative fines under Article 98(3)1,6, and 7 of the Act (limited to the matters for which the authority has been delegated to the Mayor/Do Governor);

3. In cases of local rivers, the exchange and transfer of a desolate river site, etc. under Article 85 of the Act (limited to the cases where a desolate river site, etc. is national land).

(2) The following authority, from among the authority of the Minister of Climate, Energy and Environment, shall be delegated to the head of a river basin environmental office or the head of a regional environmental office (referring to the head of a river basin environmental office or the head of a regional environmental office who holds jurisdiction over the longest section of a river, in cases falling under subparagraph 1 i and k and subparagraph 3, if a river system is subject to the jurisdiction of at least 2 river basin environmental offices or regional environmental offices, and referring to the a river basin environmental office or the head of a regional environmental office designated by the Minister of Climate, Energy and Environment, in cases falling under subparagraph 2, if a local river is subject to the jurisdiction of at least 2 river basin environmental offices or regional environmental offices) in accordance with Article 92(1) of the Act: <Amended on Dec. 30, 2009; Dec. 20, 2010; Apr. 10, 2012; Mar. 23, 2013; Jun. 28, 2016; Jul. 19, 2016; Jul. 17, 2017; Dec. 28, 2021; Dec. 12, 2023; Oct. 1, 2025>

1. The following authority with respect to national rivers:

a. Receipt of reports on the succession of rights and obligations under Article 5(2) of the Act (limited to the matters permitted or approved by the head of the river basin environmental office or the head of the regional environment office);

b. Consultations or approval under Article 6(1) of the Act (excluding the cases where a project operator is the head of a central administrative agency);

c. Consultations or approval with respect to the establishment of rights and other dispositions under Article 6(2) of the Act (excluding the cases where a project operator is the head of a central administrative agency);

d. Determination, alteration or closure of a river area and the publication thereof under Article 10(1) of the Act;

e. Deleted; <Jun. 28, 2016>

f. Deleted; <Dec. 12, 2023>

g. Designation, alteration, or closure of a flood control area and the publication thereof under Article 12 of the Act;

h. Enactment of management regulations for river facilities under Article 14(1) of the Act and approval for the management regulations for river facilities pursuant to paragraph (2) of that Article;

i. Preparation and keeping of management log books under Article 15(1) of the Act;

j. Conducting examination on riverbed changes under Article 21-2(1) of the Act;

k. Deleted. <Jul. 17, 2017>

l. Formulation and alteration of river works execution plan and the publication thereof under Article 27(1) of the Act;

m. River works of national rivers under the main clause of Article 27(6) of the Act and the maintenance and repair of national rivers under the proviso of that paragraph;

n. River works, and maintenance and repair of rivers, under Article 27(7) of the Act;

o. Notice on the completion of river works pursuant to Article 27(8) of the Act;

p. The implementation of river works by proxy and the publication of the completion of such river works by proxy under Article 28(1) and (2) of the Act;

q. Order to execute works against a person who has caused such works under Article 29 of the Act;

r. Permission for river works and the maintenance and repair of rivers under Article 30(1) of the Act, consultation under paragraph (2) of the said Act and notifications under paragraph (3) of the said Act;

s. Orders issued to deposit the costs of works under Article 30(4) of the Act;

t. Authorization and altered authorization of implementation plans and the publication thereof (excluding implementation plans regarding river waters) under Article 30(5) and (6) of the Act;

u. Authorization of the completion of river works and requests for inspection (limited to the matters for which authority for permission is delegated to the head of the river basin environmental office or the head of the regional environment office) necessary for such authorization under Article 30(7) and (8) of the Act;

v. Comprehensive permission under Article 30(10) of the Act;

w. Consultations with the heads of the relevant administrative agencies under Article 32(3) of the Act;

x. Permission for occupying rivers under subparagraph 2 (excluding multi-purpose dams), subparagraph 3 (excluding multi-purpose dams and river mouth dikes) and subparagraph 4 of Article 33(1) of the Act and authority under paragraphs (5),(6), and (8) of that Article;

y. Implementation of river occupation and use works by proxy and notice on periods of works (limited to the matters permitted by the head of the river basin environmental office or the head of the regional environment office) under Article 36(1) of the Act;

z. Collection of occupation fees, etc. under Article 37(1) of the Act and collection of indemnification under Article 37(3) of the Act;

aa. Prohibition against or restrictions on river use, its publication, and installation of sign boards under Article 47 of the Act;

ab. Orders issued to restore to the original state, exemption from the duty to restore to the original state under Article 48(1) of the Act, notices under paragraph (2) of that Article, the nationalization of installations, etc. under paragraph (3) of that Article, and deposits of expenses for restoration to the original state under paragraph (4) of that Article (limited to the matters for which the authority with respect to permission is delegated to the head of the river basin environmental office or the head of the regional environment office);

ac. Orders to Cities/Dos to bear expenses under Article 61(1) and (2) of the Act;

ad. Refund of erroneously paid charges, etc. under Article 68 of the Act (limited to those imposed by the head of the river basin environmental office or the head of the regional environment office);

(ae) Cancellation of permission or approval under Article 69 of the Act (limited to the matters for which the authority with respect to permission or approval is delegated to the head of the river basin environmental office or the head of the regional environment office);

(af) Orders issued to take dispositions or measures under Article 70(1) of the Act (limited to the matters permitted or approved by the head of the river basin environmental office or the head of the regional environment office) and the notification thereof;

ag. Inspections of the status of river management under Article 74 of the Act;

ah. Entry, etc. into a third party's land under Article 75 of the Act (limited to the matters for which the authority with respect to permission or approval is delegated to the head of the river basin environmental office or the head of the regional environment office);

ai. Expropriation and use of land, etc. under Article 78 of the Act (limited to the cases where river works are carried out);

aj. Purchase, etc. of land under Article 79 of the Act;

ak. Notification and use of desolate river sites, etc. under Article 84 of the Act;

al. Exchange and concession of desolate river sites, etc. under Article 85 of the Act;

ah. Report and entry under Article 90 of the Act (limited to the matters for which the authority with respect to permission or approval is delegated to the head of the river basin environmental office or the head of the regional environment office);

an. Hearing under Article 91 of the Act (limited to the matters permitted or approved by the head of the river basin environmental office or the head of the regional environment office);

ao. Imposition and collection of administrative fines under Article 98(2) of the Act (limited to violations of subparagraph 7 of Article 46 of the Act);

(ap) Imposition and collection of administrative fines under Article 98(3)1,6, and 7 of the Act (limited to the matters for which authority with respect to permission or approval is delegated to the head of the river basin environmental office or the head of the regional environment office);

2. Determination and notification of a management agency or methods for management of rivers under Article 9(2) of the Act and receipt of notification under paragraph (4) of that Article;

3. Formulation, revision and publication of basic river plans provided for in Article 25 of the Act.

(3) The Minister of Climate, Energy and Environment shall delegate the following authority to the head of the competent flood control office in accordance with Article 92(1) of the Act: <Amended on Nov. 16, 2009; Dec. 30, 2009; Dec. 20, 2010; Mar. 23, 2013; Jun. 28, 2016; Jul. 17, 2017; Jun. 8, 2018; Oct. 1, 2025>

1. Receipt of reports on the succession of rights and obligations under Article 5(2) of the Act (limited to the matters permitted by the head of a flood control office);

2. Consultation or approval under Article 6(1) of the Act (limited to the matters for which the authority with respect to permission is delegated to the head of a flood control office, and excluding the cases where a project operator is the head of a central administrative agency);

3. Consultation or approval under Article 6(2) of the Act (limited to the matters for which the authority with respect to permission is delegated to the head of a flood control office, and excluding the cases where a project operator is the head of a central administrative agency);

4. Orders of measures for flood prevention, etc. under Article 14(5) of the Act;

5. Deleted; <Jul. 17, 2017>

6. Deleted; <Jul. 17, 2017>

7. Deleted; <Jul. 17, 2017>

8. Deleted; <Jul. 17, 2017>

9. Deleted; <Jul. 17, 2017>

10. Deleted; <Jul. 17, 2017>

11. Deleted; <Jun. 8, 2017>

12. Deleted; <Jun. 8, 2017>

13. Deleted; <Jun. 8, 2017>

14. Deleted; <Jul. 17, 2017>

15. Requests for submission of records with respect to the management of dams, etc. and flood gates under Article 39(3) of the Act;

16. Deleted; <Jul. 17, 2017>

17. Authority concerning measures for flood control under Article 41 of the Act;

18. Deleted; <Jul. 17, 2017>

19. Deleted; <Jun. 8, 2017>

20. Permission for use of river water under Article 50(1) of the Act, notification under paragraph (2) of that Article, restrictions under paragraph (3) of that Article;

20-2. Reporting on temporary use of river water made under Article 50-2(1) of the Act; limitation, adjustment, and suspension of use, issued under paragraph (2) of that Article; notification made under Article 50(2) of the Act, which shall apply mutatis mutandis under paragraph (3) of that Article;

21. Authority concerning the calculation of the required volume of river water provided for in Article 51 of the Act;

22. Requests for submission of data on the volume of outflow under Article 52(2) of the Act, plans for use of river water and the receipt of records of using river water under paragraph (3) of that Article, and the appraisal of the records of using river water under paragraph (5) of that Article;

23. Authority concerning mediation of the use of river water under Article 53 of the Act;

24. Refund of erroneously paid charges, etc. under Article 68 of the Act (limited to those imposed by the head of a flood control office);

25. Dispositions taken to cancel permission under Article 69 of the Act (limited to the matters for which authority with respect to permission is delegated to the head of a flood control office);

26. Orders of dispositions or measures under Article 70 of the Act (limited to the matters permitted by the head of a flood control office);

27. Entry, etc. into a third party's land under Article 75 of the Act (limited to the matters for which authority with respect to permission is delegated to the head of a flood control office);

27-2. Deleted; <Jul. 17, 2017>

28. Deleted; <Jul. 19, 2016>

29. Authority concerning reports and entry, etc. into a third party’s land under Article 90 of the Act (limited to the matters for which authority with respect to permission or approval is delegated to the head of a flood control office);

30. Hearings held under Article 91 of the Act (limited to the matters permitted by the head of a flood control office);

31. Imposition and collection of administrative fines under Article 98(3)1,6 and 7 of the Act (limited to the matters for which authority with respect to permission is delegated to the head of a flood control office);

32. Imposition and collection of administrative fines under Article 98(3)3 and 5 of the Act.

ENFORCEMENT DECREE OF THE RIVER ACT

Article 1(Purpose) #

Article 2(River facilities) #

Article 3 #

Article 4(Mutatis mutandis application of requests for permission) #

Article 5(Designation of national rivers) #

Article 5-2(Designation of local rivers) #

Article 6(Land of river area) #

Article 7(Scope of flood control area) #

Article 8(River facilities requiring management regulations) #

Article 9 #

Article 10 #

Article 11 #

Article 12 #

Article 13 #

Article 14 #

Article 15 #

Article 16 #

Article 17 #

Article 17-2(Method of examination on riverbed changes and cycle and period thereof) #

Article 17-3(Education on persons engaged in affairs related to examination on riverbed changes) #

Article 18(Building and operation of river management information system) #

Article 19 #

Article 20 #

Article 21 #

Article 22 #

Article 23 #

Article 24(Formulation of basic river plans) #

Article 24-2(Standards for formulation of basic river plans) #

Article 25(Development of emergency countermeasure plans) #

Article 26(Formulation of river works execution plans) #

Article 26-2(Facilities subject to maintenance and repair of national rivers) #

Article 27(Works for other installations) #

Article 28(Execution of river works by proxy) #

Article 29(Permission for implementation of river works by persons, other than river management agencies) #

Article 30(Deposit of construction costs) #

Article 31(Application for approval for river works execution plans) #

Article 32(Blanket processing of matters requiring multiple permissions) #

Article 33 #

Article 34(Applications for permission for occupation and use of rivers) #

Article 35(Activities of occupation and use of rivers) #

Article 36(Prohibition of permission for occupation and use of rivers) #

Article 37(Permits for occupying and using rivers) #

Article 38(Publication of permission for occupation and use) #

Article 39(Scope of vested river user) #

Article 40(Application for adjudication) #

Article 41(Provisions applicable mutatis mutandis to vicarious performance of works that occupy and use rivers) #

Article 42(Collection of occupation fees) #

Article 43(Collection of indemnification) #

Article 44(Reduction of and exemption from occupation and use fees) #

Article 45(Permission for activities in flood control areas) #

Article 46(Installation of facilities necessary for prevention or mitigation of disasters) #

Article 47 #

Article 48(Discharge of water reserved in dams) #

Article 49(Designation criteria for preservation districts) #

Article 50(Designation of preservation districts) #

Article 51(Designation of angling prohibited areas.) #

Article 51-2(Acts of impeding river flows or contaminating rivers) #

Article 52(Prohibition on use of river) #

Article 53(Deposit of expenses for restoration to original state) #

Article 54(Priority in distribution of water) #

Article 55(Permission for use of river water and changes thereto) #

Article 55-2(Report on temporary use of river water) #

Article 56(Preservation of river water) #

Article 57(Collection of fees for use of river water) #

Article 58(Reduction of and exemption from fees for use of river water) #

Article 59(Selection of datum points) #

Article 60(Scope of users of river water) #

Article 61(Adjustment in permitted water quantities) #

Article 62(Composition of river water adjustment council) #

Article 63(Functions of adjustment council) #

Article 64(Secretary) #

Article 65(Meetings) #

Article 66(Minutes) #

Article 67(Allowances and travel expenses) #

Article 68(Operation bylaw) #

Article 69(Application for mediation) #

Article 70(Request for appraisal) #

Article 71(Procedures for hearing opinions) #

Article 72(Bearing of expenses) #