Article 1(Purpose) #
The purpose of this Decree is to prescribe such matters as delegated by the Framework Act on Marine Development (hereinafter referred to as the “Act”) and as necessary for the enforcement thereof.
Article 2(Establishment of Basic Plans) #
(1) Comprehensive and basic plans (hereinafter referred to as the “basic plans”) pertaining to marine development under Article 3 of the Act shall be established by the Minister of Maritime Affairs and Fisheries after consultation with the head of the central administrative agency concerned, but the basic plans shall be consistent with the goals set forth in the national plan as stipulated in Article 15 of the Act on Comprehensive Plans for Construction in the National Territory. <Amended by Presidential Decree No. 13135, Aug. 8, 1996>
(2) The head of the central administrative agency concerned shall, for the purpose of the utilization of materials necessary for the establishment of basic plans as set forth in paragraph (1), prepare plans by jurisdiction, and submit them to the Minister of Maritime Affairs and Fisheries. <Amended by Presidential Decree No. 13135, Aug. 8, 1996>
(3) The Minister of Maritime Affairs and Fisheries shall, for discussion, refer the basic plan established under paragraph (1) of this Article in accordance with Article 3 (3) of the Act to the Marine Development Committee (hereinafter referred to as the “Committee”) set forth in Article 13 of the Act and to the National Council, and shall publish in the Gazette, the reviewed and validated abstract of the plans. <Amended by Presidential Decree No. 13135, Aug. 8, 1996>
Article 3(Establishment of Execution Plans) #
The head of the central administrative agency concerned shall, in accordance with the basic plans established under Article 2, every year, establish and implement execution plans (hereinafter referred to as the “execution plans”) for the purpose of marine development, and shall submit them to the Committee.
Article 4(Syntheses and Submission of Report) #
(1) The Minister of Maritime Affairs and Fisheries shall synthesize and compose a written report pertaining to basic plans and execution plans stipulated under Article 4 of the Act. <Amended by Presidential Decree No. 13135, Aug. 8, 1996>
(2) For the purpose of applying appropriate materials, pertaining to composing the report referred to in paragraph (1) of this Article, the head of the central administrative agency concerned shall synthesize the current status of actions and results of annual execution plans according to regulation, on December 31st of each year, draw up a report by May 31st of succeeding year to the Minister of Maritime Affairs and Fisheries. <Amended by Presidential Decree No. 13135, Aug. 8, 1996>
(3) The Minister of Maritime Affairs and Fisheries shall compose, by July 31st, based upon the materials submitted under paragraph (2) of this Article, and submit it to the Committee, after which time the report, through deliberation by the National Council and Cabinet Council, shall be submitted to the National Assembly. <Amended by Presidential Decree No. 13135, Aug. 8, 1996>
Article 5(Scientific Research of the Seas) #
The necessary measures pertaining to the scientific research of the seas as referred to in Article 5 of the Act shall be as follows:
1. Conduct research activities within domestic and foreign agencies;
2. Establish and implement systematic investigation research plans of the sea;
3. Equilibration and standardization of scientific research equipment for the purpose of normalization and improving the reliability of research data; and
4. Other matters necessary for the purpose of scientific investigation of the seas.
Article 6(Development of Marine Technology) #
The necessary measures for the development of marine technology as referred to in Article 5 of the Act shall be as follows:
1. Establishment of the goal and the basic direction in marine technology development;
2. Assessment of the technology demand of marine related industries;
3. Development of common difficult and troublesome technology;
4. Establishment of joint research programs among academia, research institutes and industrial sector; and
5. Other matters necessary for the development of marine technology.
Article 7(Development of Marine Living Resources) #
The measures necessary for the development of marine living resources under Article 6 of the Act shall be as follows:
1. Investigation, research and technology development of marine living resources;
2. Increasing essential productivity of marine living resources;
3. Technology development of marine living engineering;
4. Development of ocean ranching; and
5. Other matters necessary for the development of marine living resources.
Article 8(Development of Marine Mineral Resources) #
The measures necessary for the development of marine mineral resources under Article 7 of the Act shall be as follows:
1. Investigation and research of marine mineral resources;
2. Exploration, mining and refining of marine mineral resources;
3. International cooperation for the development of marine mineral resources; and
4. Other matters necessary for the development of marine mineral resources.
Article 9(Development of Marine Energy) #
The measures necessary for the development of marine energy under Article 8 of the Act shall be as follows:
1. Establishment of the goal and the basic direction in marine energy development;
2. Investigation and evaluation of the total amount of potential marine energy resources;
3. Technology development for the purpose of practical utilization of marine energy;
4. Establishment of the plans for production, and for supply and demand of marine energy; and
5. Other matters necessary for the development of marine energy.
Article 10(Utilization of Marine Space Resources) #
The measures necessary for the utilization of marine potential space resources under Article 9 of the Act shall be as follows:
1. Establishment of goal and basic direction in marine space utilization;
2. Investigation, research and assessment of environmental effects for the purpose of marine space utilization;
3. Utilization of marine space and development of management technology;
4. Utilization of marine space and establishment of supply and demand plan; and
5. Other matters necessary for the utilization of marine space resources.
Article 10-2(Setup of Marine Science Bases, Survey and Research) #
Policy measures to be taken to facilitate the setup of marine science bases, survey and research in specific global regions under Article 9-2 of the Act shall be as follows:
1. The formulation and implementation of a basic policy designed to set up and operate marine science bases in specific global regions;
2. The formulation and implementation of research plans to be conducted by marine science bases in specific global regions;
3. The domestic cooperation for setting up marine science bases and conducting survey and research in specific global bases; and
4. Other matters necessary to operate and support the marine science bases in specific global regions.
[This Article Newly Inserted by Presidential Decree No. 16502, Aug. 6, 1999].
Article 11(Preservation of Marine Environment) #
The measures necessary for the preservation of marine environment as referred to in Article 10 of the Act shall be as follows:
1. Establishment of basic policies for the conservation of marine environment;
2. Technology development for the prevention and control of marine pollution;
3. Preventive measures on environmental damage resulting from marine development and utilization activities;
4. International cooperation for the preservation of marine environment; and
5. Other matters necessary for the preservation of marine environment.
Article 12(Rational Intervention of Marine Development) #
(1) If the heads of the central agencies concerned determine that the matter is of grave concern which may hinder balanced marine development, due to repetitiveness, etc., between marine development projects, the heads shall, for the purpose of rational intervention of such marine development program, under the provisions of Article 11 of the Act, through deliberation of the Committee, resolve such matter.
(2) The Committee, upon deliberation, shall consider the following matters:
1. Problems of repetitiveness among marine development project in promotion of the development;
2. Social and economic effects;
3. Resolution to repetitiveness and future action plan; and
4. Other matters necessary for the rational intervention of marine development.
Article 13(Setup of Marine Technology City) #
(1) If the Minister of Maritime Affairs and Fisheries, the heads of the central administrative agencies concerned, or the Special Metropolitan City Mayor, Metropolitan City Mayor and Do governor intend to construct the marine technology city as referred to in Article 12 of the Act, they shall consult with the Minister of Construction and Transportation and the heads of central administrative agencies concerned, and shall formulate marine technology city construction plans. The same shall apply in case of the modification of the formulated construction plans. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 16502, Aug. 6, 1999>
(2) The construction plan stipulated in paragraph (1) shall contain the following subparagraphs:
1. Location and size of the marine technology city;
2. Proprietor of projects and term of business/project;
3. Basic facilities plans such as the use of territory plan, the use of marine space plan, and establishment of communication plan, etc.;
4. Predictions on environmental effects and measures for reduction of pollutants;
5. Financial assistance plans; and
6. Other matters necessary for the construction of marine technology city.
Article 13-2(Practical Use of High Marine Science Technology, etc.) #
The policy measures to be taken to facilitate the practical use and industrialization of high marine science technology under Article 12-2 of the Act shall be as follows:
1. The medium-and long-term development goal and direction for high marine science technology;
2. The analysis of domestic and foreign tendencies toward high marine science technology;
3. The strategy for the phased promotion of the practical use and industrialization of high marine science technology; and
4. Other matters necessary for the practical use and industrialization of high marine science technology.
[This Article Newly Inserted by Presidential Decree No. 16502, Aug. 6, 1999]
Article 14(Composition of Marine Development Committee) #
(1) The chairman of the Committee under Article 13 of the Act shall be the Prime Minister and the members of the Committee shall consist of the Minister of Finance and Economy, the Minister of Education and Human Resources Development, the Minister of Foreign Affairs and Trade, the Minister of National Defense, the Minister of Government Administration and Home Affairs, the Minister of Education, the Minister of Science and Technology, the Minister of Culture and Tourism, the Minister of Agriculture and Forestry, the Minister of Commerce, Industry and Energy, the Minister of Information and Communication, the Minister of Environment, the Minister of Construction and Transportation, the Minister of Maritime Affairs and Fisheries, the Minister of Planing and Budget, and any person appointed or commissioned by the Prime Minster from among those persons who have much knowledge and experience on marine development. <Amended by Presidential Decree No. 12899, Jan. 3, 1990; Presidential Decree No. 13282, Feb. 1, 1991; Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree Nos. 14438 & 14447, Dec. 23, 1994; Presidential Decree No. Aug. 8, 1996; Presidential Decree No. 16326, May 24, 1999; Presidential Decree No. 16502, Aug. 6, 1999; Presidential Decree No. 17115, Jan. 29, 2001>
(2) From among members as referred to in paragraph (1), the term of office of any member other than a public official shall be 2 years, but the consecutive appointment may be permitted.
Article 15(Functions of Committee) #
The Committee shall deliberate the following matters:
1. Matters relating to establishment of basic marine development plan;
2. Matters relating to selection of national marine development goal and advancement of marine development systems;
3. Matters relating to intervention of critical policy measures concerning marine development; and
4. Other matters deemed necessary by the Committee.
Article 16(Duties of Chairman) #
(1) The chairman of the Committee shall oversee and represent the Committee and shall supervise its business.
(2) A designated member will be appointed by the chairman in advance and shall assume the role of chairman when the chairman is unable to fulfill his full obligation due to unforseen circumstances which has incapacitated him.
Article 17(Meeting of Committee) #
(1) The meeting of the Committee shall be convened by the chairman with the 3 days advance notification of the meeting to each committee member.
(2) The Committee shall render a decision with a majority attendance of the committee members and by the majority vote of the members present.
Article 18(Secretary of Committee) #
(1) For the purpose of conducting the operations of the Committee, a secretary shall be appointed for the Committee.
(2) The secretary shall be appointed by the chairman from among public officials belonging to the Ministry of Maritime Affairs and Fisheries. <Amended by Presidential Decree No. 16502, Aug. 6, 1999>
Article 19(Formation of Working Committee) #
(1) The Marine Development Working Committee (hereinafter referred to as the “Working Committee”) stipulated under Article 15 of the Act shall consist of one chairman and not more than 30 members.
(2) The chairman of the Working Committee shall be the Vice-Minister of Maritime Affairs and Fisheries, and its members shall consist of one person appointed by the head of each agency to which he belongs, from among public officials of not less than Grade Ⅲ belonging to the Ministry of Finance and Economy, the Ministry of Education and Human Resources Development, the Ministry of Foreign Affairs and Trade, the Ministry of National Defense, the Ministry of Government Administration and Home Affairs, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Culture and Tourism, the Ministry Agriculture and Forestry, the Ministry of Commerce, Industry and Energy, the Ministry of Information and Communication, the Ministry of Environment, the Ministry of Construction and Transportation, the Ministry of Maritime Affairs and Fisheries, and the Ministry of Planing and Budget (in case of the Ministry of Foreign Affairs and Trade, public officials in foreign service under Article 3 (2) of the Decree on the Appointment of Public Officials in Foreign Service), and not more than 15 persons appointed by the Minister of Maritime Affairs and Fisheries from among those persons who have much knowledge and experience on marine development. <Amended by Presidential Decree No. 12899, Jan. 3, 1990; Presidential Decree No. 13282, Feb. 1, 1991; Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree Nos. 14447 & 14450, Dec. 23, 1994; Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 16326, May 24, 1999; Presidential Decree No. 16502, Aug. 6, 1999; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 17269, Jun. 30, 2001>
Article 20(Detailed Regulations of Operations) #
Except for those stipulated in this Decree, matters necessary for the operation of the Committee and the Working Committee shall be determined by the chairman after the deliberation of the resolution by the Committee.
Article 21(Stipend) #
With respect to members present at the Committee meetings and the Working Committee, within the scope budget, shall be paid stipend and expense: Provided, That in a case where members who are public officials in direct relation with the operation under jurisdiction attend the committee meetings, the same shall not apply.
Article 22(Object and Method of Research Institution Support) #
Research institutions installed for the purpose of investigation concerning marine development under Article 17 of the Act and for the purpose of science and technology development, shall be able to receive from the Government, with respect to the following matters, financial assistance such as contributions and subsidies, etc. to support matters as follows:
1. Investigation and research development relating to marine development;
2. Education and training of technicians in marine development area;
3. Technology and research support relating to industrial sectors, etc.;
4. Preparatory plans for unforseen incidents necessary for subparagraphs 1 through 3; and
5. Other projects deemed necessary for the purpose of marine development investigation and science and technology development.
Article 23(Advancement of Marine Science Education) #
The measures necessary for furtherance of marine science education referred to in Article 18 of the Act are as follows:
1. Establishment of goal and basic direction in marine science education;
2. Cultivation and utilization of marine development technical human resources;
3. Cultivation and training of teachers for marine science education;
4. Expansion of facilities and support of research for marine science education;
5. Establishment and operations of marine science hall for the educational advancement of the public; and
6. Other matters necessary for the advancement of marine science education.
Article 24(Proper Circulation of Information) #
The measures necessary for harmonious circulation of information under Article 19 of the Act are as follows:
1. Collection, analysis and transfer of marine science information;
2. Standardization of marine related informations and operation of information data bank;
3. International cooperation of marine related information and data; and
4. Other matters necessary for harmonious circulation of information.
Article 25(Promotion of Joint-Research) #
For the purpose of devising a systematic, organic structure and system for joint-research as referred to in Article 20 of the Act, the Minister of Maritime Affairs and Fisheries shall encourage joint venture investigation and utilization of on-board training vessels, research equipments and exchange of human resources in research; and shall provide necessary support pertaining thereto. <Amended by Presidential Decree No. 15135, Aug. 8, 1996>
Article 26(Promotion of International Cooperation) #
The measures necessary for pursuing international cooperation under Article 21 of the Act shall be as follows: <Amended by Presidential Decree No. 16502, Aug. 6, 1999>
1. Introduction of marine development technology from and joint-research projects with foreign country;
2. Joint-investigation and research with a foreign country and an international organization and the establishment of a joint research institute therefor;
3. International exchange of marine development research personnel;
4. International treaty and admission to international instrumentalities relating to marine development; and
5. Other matters necessary for promoting international cooperation.
Article 27(Promotion of Marine Culture) #
The policy measures to be taken to promote the marine culture under Article 21-2 of the Act shall be as follows:
1. The formulation and implementation of plans to promote the marine culture;
2. The nurturing and support for institutions and organizations engaged in the business of promoting the marine culture;
3. The development, proliferation and dissemination of marine culture projects;
4. The education, publicity and enlightenment of the marine culture;
5. Support for cultural, academic and artistic events held to inspire the public perception of the marine affairs; and
6. Other matters necessary to inspire the public perception of marine affairs and promote the marine culture.
[This Article Newly Inserted by Presidential Decree No. 16502, Aug. 6, 1999]