Article 1(Purpose) #
The purpose of this Decree is to prescribe matters necessary for enforcing the Submarine Mineral Resources Development Act. <Amended on Aug. 17, 2006>
Article 2(Submarine mineral exploitation area) #
The submarine mineral exploitation area defined in subparagraph 2 of Article 2 of the Submarine Mineral Resources Development Act (hereinafter referred to as the "Act") means the marine and submarine area of the sea areas and continental shelves referred to in Article 1 of the Act, over which the Republic of Korea enjoys sovereignty or sovereign rights in accordance with the principles of international laws. <Amended on Aug. 17, 2006>
Article 2-2(Formulation of master plans) #
(1) The Minister of Trade, Industry and Energy shall formulate a 10-year master plan for development of submarine mineral resources specified in Article 2-2(1) of the Act (hereinafter referred to as "master plan") every five years. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) The Minister of Trade, Industry and Energy shall formulate an annual implementation plan for the following year by the end of December each year based on the relevant master plan; and shall execute the implementation plan. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on Nov. 16, 2007]
Article 2-3(Composition and operation of Committee) #
(1) The Chairperson of the Deliberative Committee for Development of Submarine Mineral Resources established under Article 2-3(1) of the Act (hereinafter referred to as the "Committee") shall represent the Committee and exercise general supervision over its affairs.
(2) Where the Chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the Chairperson shall act on behalf of the Chairperson.
(3) "Relevant central administrative agencies prescribed by Presidential Decree" in Article 2-3(4)1 of the Act means the following agencies: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
1. The Ministry of Economy and Finance;
2. The Ministry of Foreign Affairs;
3. The Ministry of Trade, Industry and Energy;
4. The Ministry of Oceans and Fisheries.
(4) The Chairperson of the Committee shall convene and preside over Committee meetings.
(5) Where the Chairperson of the Committee intends to convene a meeting, he or she shall notify in writing each member of the date, time, venue, and agenda items for the meeting at least seven days prior to the meeting; provided, this shall not apply in an emergency or other unavoidable cases.
(6) A majority of the members of the Committee shall constitute a quorum; and any decision thereof shall require the concurring vote of at least a majority of those present.
(7) The Committee shall have one secretary to conduct its affairs, who shall be appointed by the Chairperson of the Committee from among public officials of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on Nov. 16, 2007]
Article 2-4(Composition and operation of working committee) #
(1) The working committee established under the Committee pursuant to Article 2-3(6) of the Act (hereinafter referred to as the "working committee"), shall be comprised of not more than 15 members, including one chairperson.
(2) The chairperson of the working committee shall be a person nominated by the Chairperson of the Committee from among members of the Senior Executive Service belonging to the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(3) The following persons shall serve as members of the working committee:
1. A person appointed by the head of an agency to which the person belongs, from among public officials of Grade IV or those equivalent thereto in any agencies to which the members specified in Article 2-3(4)1 of the Act belong;
2. A person commissioned by the Chairperson of the Committee from among persons who have extensive expertise and experience in the field of marine or submarine mineral resources.
(4) The term of office of a member commissioned under paragraph (3)2 shall be two years; and the term may be renewed only once.
(5) The working committee shall review and coordinate the agenda items to be presented to the Committee in advance and shall deliberate on matters delegated by the Committee.
(6) Article 2-3(2) and (4) through (7) shall apply mutatis mutandis to the composition and operation of the working committee. In such cases, "Committee" shall be construed as "working committee".
[This Article Added on Nov. 16, 2007]
Article 2-5(Operating rules) #
Except as otherwise provided in this Decree, details necessary for composing and operating the Committee and the working committee shall be determined by the Chairperson of the Committee by a resolution of the Committee.
[This Article Added on Nov. 16, 2007]
Article 2-6(Request for surveys and research) #
If necessary to conduct its affairs, the Committee or the working committee (hereinafter referred to as the "Committee, etc.") may request relevant institutions, organizations, or relevant experts, etc. to conduct a survey or research.
[This Article Added on Nov. 16, 2007]
Article 2-7(Hearing opinions and submitting data) #
If deemed necessary to deliberate on agenda items presented to the Committee, etc. and to conduct other affairs, the Committee, etc. may request relevant persons or experts to attend a meeting of the Committee, etc. to hear their opinions and may request them to submit necessary data.
[This Article Added on Nov. 16, 2007]
Article 2-8(Allowances and travel expenses) #
Allowances may be provided, and travel expenses reimbursed, within budgetary limits to members, relevant persons, and experts who attend a meeting of the Committee, etc.; provided, this shall not apply where members who are public officials, attend a meeting of the Committee, etc. directly relating to their duties.
[This Article Added on Nov. 16, 2007]
Article 3(Submarine mining areas) #
The location and form of a submarine mining area referred to in Article 3(2) of the Act, shall be those of an area enclosed by a boundary line which is created by consecutively connecting the relevant coordinates specified in Appendix 1 in straight lines. <Amended on Jun. 5, 2003>
Article 3-2(Designation and publication of promising mining areas) #
(1) Upon designating a promising mining area pursuant to Article 3(4) of the Act, the Minister of Trade, Industry and Energy shall publish such fact in the Official Gazette and through the information processing system he or she has designated; provided, such fact may be published simultaneously in a daily newspaper or by other means, if deemed necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) The area of a promising mining area designated and published pursuant to paragraph (1) (hereinafter referred to as "promising mining area") shall not exceed 3,000 square kilometers.
[This Article Added on Nov. 16, 2007]
Article 4(Registration of submarine mining rights) #
Each submarine mining right referred to in Article 4(1) of the Act shall be registered by the Minister of Trade, Industry and Energy in the original register of submarine mining on behalf of the Government. <Amended on Mar. 6, 1993; Apr. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
Article 4-2(Permission to extend period of existence of exploration rights) #
(1) "Standards prescribed by Presidential Decree" in the former part of Article 9(2) of the Act means any of the following:
1. Where it is deemed highly likely to gather submarine minerals if the period of existence of the exploration right is extended;
2. Any other cases where continued exploration of submarine minerals is deemed necessary to facilitate the development of submarine mining areas.
(2) Where any holder of an exploration right intends to obtain permission to extend the period of existence of the exploration right pursuant to Article 9(2) of the Act, he or she shall file an application for permission for extension with the Minister of Trade, Industry and Energy by not later than three months before the period of existence expires, along with the documents prescribed by Ministerial Decree of the Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(3) Upon receipt of an application under paragraph (2), the Minister of Trade, Industry and Energy shall determine whether to grant permission and shall notify the applicant of the results by not later than one month before the period of existence expires. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on Nov. 16, 2007]
Article 5(Application for permission to extend period of existence of gathering rights) #
(1) Where any holder of a gathering right intends to obtain permission to extend the period of existence of the gathering right under the main sentence of Article 10(2) of the Act, he or she shall file an application for permission for extension with the Minister of Trade, Industry and Energy by not later than two years before the period of existence expires, along with the documents prescribed by Ministerial Decree of the Trade, Industry and Energy. <Amended on Mar. 6, 1993; Apr. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy shall determine whether to grant permission and notify the applicant of the results by not later than one year and six months before the period of existence expires. <Amended on Mar. 25, 1978; Mar. 6, 1993; Apr. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
Article 6(Application for establishment of exploration rights) #
The documents specified in Article 12(2)4 of the Act shall be as follows: <Amended on Mar. 6, 1993; Apr. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
1. A document specifying the conditions the relevant applicant is to fulfill for the Government in obtaining an exploration right;
2. A document on capabilities to conduct business, such as technical personnel, capabilities to raise funds, and experience in development of submarine minerals;
3. Any other documents prescribed by Ministerial Decree of the Trade, Industry and Energy.
Article 6-2(Application for permission to establish exploration rights to promising mining areas) #
(1) Permission to establish an exploration right to any promising mining area under Article 12 of the Act, shall be granted only when at least two applications are filed therefor.
(2) When the Minister of Trade, Industry and Energy publicly announces the filing of applications under paragraph (1), he or she shall do so in the Official Gazette and through the information processing system he or she has designated, fixing an application period of at least 30 days; provided, the Minister may publish it simultaneously in a daily newspaper or by other means, if deemed necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(3) The Minister of Trade, Industry and Energy may publicly announce the refiling of applications for the same promising mining area, in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
1. Where fewer than two applications under paragraph (1) have been filed;
2. Where no person is eligible to obtain permission to establish an exploration right, as a result of deliberating on applications filed under paragraph (1) in compliance with the criteria for permission specified in Article 13 of the Act.
(4) Where fewer than two applications have been filed following the public announcement of the refiling of applications under paragraph (3), permission may be granted upon a single application, notwithstanding paragraph (1).
[This Article Added on Nov. 16, 2007]
Article 6-3(Reporting on discovery of submarine minerals) #
Matters any holder of an exploration right is required to report to the Minister of Trade, Industry and Energy pursuant to Article 14(1) of the Act, shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
1. Samples of submarine minerals gathered;
2. Data on mud logging;
3. Data on geophysical logging;
4. Data on productivity tests;
5. A drill log.
[This Article Added on Nov. 16, 2007]
Article 7(Application for establishment of gathering rights) #
The documents specified in Article 14(2)4 of the Act shall be as follows: <Amended on Mar. 6, 1993; Apr. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
1. A deposit description for the submarine area and submarine minerals to which a gathering right is to be established;
2. A document specifying the conditions the relevant applicant is to fulfill for the Government in obtaining a gathering right;
3. An evaluation report on the economic value of the relevant submarine minerals to be gathered;
4. A plan to prevent environmental pollution;
5. Any other documents prescribed by Ministerial Decree of the Trade, Industry and Energy.
Article 7-2(Conditions and burdens to be attached to permission for establishing exploration right or gathering right) #
Where granting permission to establish an exploration right or a gathering right under Article 16 of the Act, the Minister of Trade, Industry and Energy may attach any of the following conditions or burdens: <Amended on Oct. 1, 2025>
1. Matters regarding the fulfillment of the duty to restore a submarine mining concession area to its original condition under Article 19-2(1) of the Act; in such cases, the restoration provision (referring to the provision required to be set aside for the restoration of the submarine mining concession area) shall be set aside from the time the cumulative quantity of submarine mineral resources produced by a submarine mining concession right holder exceeds 50/100 of the initially reported reserves until the expiration of the gathering right;
2. Matters regarding the payment of the amount to be paid by the submarine mining concession right holder to the Minister of Trade, Industry and Resources, if special requirements stipulated in the contract for establishing a submarine mining concession right (referring to the signing of the relevant contract, discovery of submarine mineral resources, production of at least a certain amount, etc.) are satisfied;
3. Other matters necessary for the efficient and reasonable development of submarine mineral resources.
[This Article Added on Dec. 31, 2024]
Article 8(Criteria for imposition of mining fees) #
(1) The criteria for imposition of mining fees under Article 18(2) of the Act shall be as specified in Appendix 2; provided, where any holder of a submarine mining concession right gratuitously transfers any submarine minerals he or she has produced to a third party, the holder of the submarine mining concession right shall pay mining fees for the quantity of the transferred submarine minerals according to the standard rates prescribed by Ministerial Decree of the Trade, Industry and Energy. <Amended on Aug. 7, 1981; Mar. 6, 1993; Apr. 30, 1999; Jun. 5, 2003; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) Mining fees specified in paragraph (1) shall be paid in Korean won or U.S. dollars; and the Minister of Trade, Industry and Energy may permit all or some of the mining fees to be paid in kind equivalent thereto; provided, when permitting payment in kind, the Minister shall notify the relevant submarine mining concession right holder of such fact by not later than one year prior to the payment. <Amended on Mar. 25, 1978; Mar. 6, 1993; Apr. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2024; Oct. 1, 2025>
(3) Matters regarding the calculation of mining fees, such as the sales value subject to imposition of mining fees, and matters regarding in-kind payment of mining fees under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Trade, Industry and Energy. <Amended on Mar. 25, 1978; Mar. 6, 1993; Apr. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2024; Oct. 1, 2025>
[Title Amended on Dec. 31, 2024]
Article 9(Time for payment of mining fees) #
(1) A submarine mining concession right holder shall pay mining fees annually. <Amended on Dec. 31, 2024>
(2) A submarine mining concession right holder shall pay mining fees within 60 days from the date of receipt of a notice of the imposition of the mining fees from the Minister of Trade, Industry and Energy. <Amended on Dec. 31, 2024; Oct. 1, 2025>
(3) Where the submarine mining concession right holder fails to pay mining fees within the period under paragraph (2), he or she shall pay overdue interest calculated by the following formula in addition thereto: <Amended on Mar. 25, 1978; Apr. 30, 1999; Dec. 31, 2024>
Overdue interest = Unpaid mining fees × 25/100 × days past due/365
(4) Where the Minister of Trade, Industry and Energy deems that it is difficult for a submarine mining concession right holder to fully pay mining fees in a lump sum on any of the following grounds, he or she may, upon the application of the submarine mining concession right holder, extend the deadline for payment thereof or allow them to be paid in installments; in such cases, if deemed necessary, the right holder may be required to provide collateral: <Added on Dec. 31, 2024; Oct. 1, 2025>
1. Where he or she has sustained a substantial property loss due to a natural disaster, other disaster, etc.;
2. Where his or her business is in a serious crisis due to the deterioration of business conditions;
3. Where a lump sum payment of mining fees is expected to cause substantial financial hardship;
4. Where it is deemed inevitable to extend the deadline for payment or allow installment payment, which is equivalent to any of the cases falling under subparagraphs 1 through 3.
(5) Where the Minister of Trade, Industry and Energy extends the deadline for payment of mining fees or allows them to be paid in installments pursuant to paragraph (4), he or she shall collect the mining fees plus interest calculated by multiplying the mining fees by the interest rate under the main clause of Article 43-3(2) of the Enforcement Decree of the Framework Act on National Taxes. <Added on Dec. 31, 2024; Oct. 1, 2025>
(6) Matters regarding the procedures for payment of mining fees, the extension of the deadline for payment of mining fees, installment payment, etc. under paragraphs (1) through (5) shall be prescribed by Decree of the Ministry of Trade, Industry and Energy. <Added on Dec. 31, 2024; Oct. 1, 2025>
Article 10(Registration) #
The Mining Business Registration Decree shall apply mutatis mutandis to the elimination of registration of a submarine mining concession right under Article 19(3) of the Act and registration of a submarine mining concession right under Article 20(2) of the Act; provided, matters necessary for the original register of submarine mining, application for establishment, permit for establishment, certificate of registration, and other forms shall be prescribed by Ministerial Decree of the Trade, Industry and Energy. <Amended on Mar. 6, 1993; Apr. 30, 1999; Jun. 5, 2003; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[Title Amended on Jun. 5, 2003]
Article 11(Period for fulfilling duty of restoration) #
Any holder of a submarine mining concession right shall remove any structures, facilities, and other equipment (hereinafter referred to as "structure, etc.") installed in a submarine mining concession area within the relevant period classified as follows, under the main sentence of Article 19-2(1) of the Act, with the exception of its subparagraphs:
1. Structure, etc. installed for exploration drilling: Within two months after the relevant exploration right ceases to exist;
2. Structure, etc. installed for gathering or acquisition: Within one year after the relevant gathering right ceases to exist.
[This Article Added on Nov. 16, 2007]
Article 12(Application for approval for exemption from duty of restoration) #
(1) Where any holder of a submarine mining concession right intends to be exempt from the duty to restore structure, etc. to its original state under the proviso of Article 19-2(1) of the Act, with the exception of its subparagraphs, he or she shall file an application for exemption with the Minister of Trade, Industry and Energy by not later than three months before the submarine mining concession right ceases to exist, along with the documents prescribed by Ministerial Decree of the Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy shall determine whether to grant approval and notify the applicant of the results by not later than one month before the relevant submarine mining concession right ceases to exist. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on Nov. 16, 2007]
Article 13(Vesting of structures in the state) #
(1) Where it is deemed necessary to continuously use a structure, etc. in consideration of the possibility of exploring, gathering, or acquiring submarine minerals in a submarine mining concession area where the structure, etc. are installed; profitability from exploration, gathering, or acquisition in such area; the period for installing the structure, etc.; and other matters pursuant to Article 19-2(1)2 of the Act; the State may gratuitously acquire the structure, etc. installed in such submarine mining concession area by transfer or may onerously acquire them by purchase.
(2) Where any holder of a submarine mining concession right intends to vest structure, etc. in the State pursuant to paragraph (1), he or she shall complete relevant procedures for the vesting, such as consultation on the time for gratuitous transfer and consultation on calculation of the sale price of the structure, etc., before the relevant submarine mining concession right ceases to exist.
[This Article Added on Nov. 16, 2007]
Article 13-2(Report) #
(1) Any holder of a submarine mining concession right shall report to the Minister of Trade, Industry and Energy on the following matters pursuant to Article 26(1) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
1. Daily drilling data;
2. Monthly data relating to exploration, gathering, or geological surveys acquired in the course of performing submarine mining activities;
3. An annual technical report or financial report.
(2) If it is deemed impracticable to ascertain the status of data acquired and the status of submarine mining activities in progress under Article 17-2 of the Act, the Minister of Trade, Industry and Energy may require the relevant holder of a submarine mining concession right to submit supplementary data, notwithstanding reporting under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on Nov. 16, 2007]
Article 14(Investigation and confirmation) #
(1) The Minister of Trade, Industry and Energy may have public officials under his or her jurisdiction investigate and confirm the following matters pursuant to Article 26(2) of the Act: <Amended on Mar. 6, 1993; Apr. 30, 1999; Nov. 16, 2007; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
1. Management and operation of various facilities;
2. Precision of various instruments and apparatuses;
3. Gathering, analysis, and appraisal of samples;
4. Any other matters the Minister of Trade, Industry and Energy deems necessary.
(2) If deemed necessary to conduct investigations under paragraph (1), the Minister of Trade, Industry and Energy may request relevant institutions to provide cooperation. <Amended on Mar. 25, 1978; Mar. 6, 1993; Apr. 30, 1999; Nov. 16, 2007; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
Article 15 #
Deleted. <Apr. 30, 1999>
Article 16 #
Deleted. <Jun. 5, 2003>
Article 17(Exclusion from application) #
(1) Persons excluded from the application of the Act pursuant to Article 34 of the Act shall be as follows: <Amended on Mar. 6, 1993; Apr. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Oct. 1, 2025>
1. Government agencies;
2. Universities and colleges (including graduate schools), as well as research institutes or academic organizations recommended by the Minister of Science and ICT;
3. Other institutions prescribed by Ministerial Decree of the Trade, Industry and Energy.
(2) Where any person specified in paragraph (1) intends to explore or gather submarine minerals, such person shall report to the Minister of Trade, Industry and Energy on the purpose of and spot for the exploration or gathering, target institution, etc. by not later than 30 days prior to the exploration or gathering. <Amended on Mar. 25, 1978; Mar. 6, 1993; Apr. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(3) Where the spot for exploration or gathering specified in paragraph (2) is located in a third person's submarine mining concession area, the Minister of Trade, Industry and Energy in receipt of a report under paragraph (2) shall notify the relevant holder of the submarine mining concession right of such exploration or gathering without delay. <Amended on Mar. 25, 1978; Mar. 6, 1993; Apr. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
Article 18(Re-examination of regulation) #
The Minister of Trade, Industry and Energy shall examine the appropriateness of the standards for granting permission to extend the period of existence of exploration rights as well as the deadline for application specified in Article 4-2 every two years, counting from January 1, 2015 (referring to the period that ends on the day before January 1 of every second year) and shall take measures, such as making improvements. <Amended on Oct. 1, 2025>
[This Article Added on Dec. 9, 2014]