ENFORCEMENT DECREE OF THE FISHING VILLAGES AND FISHERY HARBORS ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE FISHING VILLAGES AND FISHERY HARBORS ACT — 법갈피

Article 20(Formulation of fishery harbor development plans) #

(1) If the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "designating authority") intends to formulate a fishery harbor development plan under the main clause of Article 19 (1) of the Act, the designating authority shall investigate the following in advance: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 5, 2021>

1. The current status of fishery harbor facilities;

2. The current status of fishery harbor usage and fishery business;

3. Natural conditions, such as tidal levels (referring to the height of the sea surface due to tides) and wave heights;

4. The current status and outlook of related industries and tourism resources in adjacent areas;

5. Other matters deemed necessary for formulating a fishery harbor development plan.

(2) When formulating a fishery harbor development plan under the main clause of Article 19 (1) of the Act, if the Minister of Oceans and Fisheries deems it necessary for safety management associated with the plan, the Minister shall conduct the following safety inspections in advance for the facilities specified in subparagraph 5 a of Article 2 of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Deformation, cracks, and subsidence of land-based structures;

2. Deformation, cracks, and subsidence of underwater structures;

3. Other matters necessary for safety management related to the formulation of a fishery harbor development.

(3) A master plan for fishery harbor facilities under Article 19 (2) 1 of the Act shall include the following: <Amended on Apr. 22, 2013>

1. The types and scale of fishery harbor facilities;

2. A layout plan for fishery harbor facilities;

3. The standard cross-section of each basic facility;

4. The designation of fishing village tourism zones and a layout plan for facilities;

5. An investment plan and effects of fishery harbor facilities.

(4) A fishery harbor maintenance plan under Article 19 (2) 2 of the Act shall include the following:

1. The necessity of the maintenance plan;

2. The types and scale of facilities requiring maintenance;

3. A layout plan for fishery harbor facilities requiring maintenance;

4. The standard cross-section of basic facilities requiring maintenance;

5. A dredging plan for earth and sand buried within a fishery harbor, associated with maintenance;

6. An investment plan and effects of fishery harbor facilities requiring maintenance.

(5) A fishery harbor environmental improvement plan under Article 19 (2) 3 of the Act shall include the following:

1. The necessity of fishery harbor cleanup and environmental improvement;

2. The types and scale of cleanup and environmental improvement facilities for fishery harbors;

3. A layout plan for cleanup and environmental improvement facilities for fishery harbors;

4. The standard cross-section of cleanup and environmental improvement facilities for fishery harbors requiring cleanup and improvement;

5. An investment plan and effects of cleanup and environmental improvement facilities for fishery harbors;

6. An operation plan for fishery harbor cleaning vessels to clean fishery harbors.

(6) A development plan for leisure and tourism under Article 19 (2) 4 of the Act shall include the following: <Added on Apr. 22, 2013>

1. The necessity for the development of leisure and tourism;

2. The types and scale of infrastructure for leisure activities under subparagraph 5 c 4) of Article 2 of the Act (hereafter in this paragraph referred to as "infrastructure for leisure activities");

3. A layout plan for infrastructure for leisure activities;

4. The standard cross-section of infrastructure for leisure activities;

5. An investment plan and effects of infrastructure for leisure activities.

(7) A transportation accessibility improvement plan under Article 19 (2) 5 of the Act shall include the following: <Added on Jun. 8, 2021>

1. The necessity of improving transportation accessibility;

2. The types and scale of transportation facilities;

3. A plan for the connection and layout of transportation facilities;

4. An investment plan and effects of transportation facilities.

(8) If a designating authority intends to modify a fishery harbor development plan under Article 19 (5) of the Act, the authority shall conduct a prior investigation into the details of the modification of fishery harbor conditions, the types and scale of fishery harbor facilities requiring modification, the required project cost, and other relevant factors. <Amended on Apr. 22, 2013; Jun. 8, 2021>

Article 31(Methods for calculating total project costs and land values) #

(1) The total project cost under Article 26 (8) of the Act shall be the aggregate of the following expenses related to the relevant fishery harbor development project, calculated based on the date of the confirmation of the completion of the project: <Amended on Feb. 29, 2008; Dec. 24, 2008; Jan. 17, 2011; Mar. 23, 2013; Jun. 28, 2013; Sep. 24, 2014; Jun. 4, 2019; Aug. 26, 2020>

1. Survey costs: The surveying costs for the implementation of the fishery harbor development project and other survey costs for the design of the harbor, which are not included in the net construction costs, and are based on the criteria under Article 31 of the Engineering Industry Promotion Act;

2. Design costs: The costs incurred for the design for the implementation of the fishery harbor development project, which are based on the criteria under Article 31 of the Engineering Industry Promotion Act;

3. Net construction costs: The total amount of material costs, labor costs, expenses, general administrative costs, and profits under Article 9 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party;

4. Compensation costs: The land acquisition costs (including the costs for purchasing buildings, standing trees, and other relevant assets) paid for the implementation of the fishery harbor development project; resident relocation costs; costs for relocating facilities within the fishery harbor district, if relocation occurs; and compensation costs for rights such as business rights, fishing rights, aquaculture rights, and mining rights;

5. Incidental costs: All costs incurred in fulfilling the conditions for permission for the implementation of the fishery harbor development project, including environmental impact assessment expenses under the Environmental Impact Assessment Act, construction supervision fees, and construction damage insurance premiums;

6. Construction interest: The construction interest on the costs specified in subparagraphs 1 through 5 (the interest rate shall be the average one-year fixed deposit rate of the top 6 commercial banks, based on the amount of deposits); provided, if the construction period for the fishery harbor development project has been extended due to any of the following circumstances, no construction interest shall be recognized for the extended period:

a. Where a non-designating authority intentionally delays construction works;

b. Where the completion confirmation of the fishery harbor development project is not obtained by the deadline specified in the permission for implementing the fishery harbor development project under Article 23 of the Act due to the gross negligence of a non-designating authority;

c. Where it is deemed that there is a cause attributable to a non-designating authority, such as a delay in construction works due to insufficient project funds for the construction;

7. Value-added tax: The amount of tax payable under Article 37 of the Value-Added Tax Act, when land and facilities are vested in the State or a local government under the main clause of Article 26 (1) of the Act.

(2) The calculation of land value under Article 26 (8) of the Act shall be the arithmetic average of the amounts appraised by at least 2 appraisal corporations, etc. under the Act on Appraisal and Certified Appraisers, which reflect the value of the land at the time of acquisition. <Amended on Aug. 31, 2016; Jun. 4, 2019; Jan. 21, 2022>

Article 37(Reduction of, or exemption from, usage fees) #

(1) The usage fees or occupancy fees for fishery harbor facilities shall be exempted under the proviso of Article 42 (1) of the Act, in any of the following cases: <Amended on Oct. 2, 2018; Jun. 4, 2019>

1. When the State or a local government uses the facilities for administrative purposes;

2. When a fisheries cooperative or fishing village association uses the facilities for the performance of its business;

3. When the facilities are used for military purposes;

4. When the facilities are used to prevent environmental pollution of fishery harbors and fishing grounds, such as for the disposal of abandoned vessels or waste oil;

5. When a person entrusted with a fishery harbor development project implemented by a designating authority under Article 23 (1) of the Act, or a person granted permission for a fishery harbor development project under Article 23 (2) of the Act (limited to fishery harbor development projects to be vested in the State or a local government) uses the facilities for the implementation of the relevant fishery harbor development project;

6. When a vessel owned by an organization related to maritime affairs and fisheries uses the facilities under Article 38 (4) 3 of the Act;

7. When the Korea Fisheries Infrastructure Public Agency uses the facilities for the performance of its business.

(2) Usage fees or occupancy fees shall be reduced by 50/100 under the proviso of Article 42 (1) of the Act, in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 24, 2014; Dec. 9, 2014; Jun. 4, 2019>

1. Where the facilities are used for the welfare of workers engaged in cargo operations involving fishery products or other similar products within a fishery harbor district;

2. When the facilities are used for passengers’ convenience on a passenger ship operating on a national subsidized service route as facilities for residents’ convenience under subparagraph 5 c 7) of Article 2 of the Act;

3. When the facilities are used by a non-profit organization granted establishment approval by the Minister of Oceans and Fisheries for its established purpose;

4. When the facilities are used for the installation and operation of fishery harbor convenience facilities within a zone designated for fishing village tourism under subparagraph 5 c of Article 2 of the Act.

Article 44(Delegation and entrustment of authority) #

(1) The Minister of Oceans and Fisheries shall delegate the authority over the following affairs to the administrators of regional offices of oceans and fisheries under Article 56 (1) of the Act: <Amended on Mar. 23, 2013; Sep. 24, 2014; Jan. 6, 2015; Jun. 4, 2019>

1. Modification to a fishery harbor development plan under Article 19 (5) of the Act, excluding modification to a plan for outer wall facilities (excluding bulkheads);

2. Public notice of modification to a fishery harbor development plan under Article 19 (6) of the Act (excluding public notice of modification to plans for outer wall facilities);

3. Implementation of a fishery harbor development project under Article 23 (1) of the Act;

4. Permission for, and consultation on, a fishery harbor development project under Article 23 (2) and (3) of the Act;

5. Provision of agency services for a fishery harbor development project implemented by a non-designating authority under Article 25 of the Act;

5-2. Confirmation of the completion of a fishery harbor development project and issuance of a certificate of confirmation of completion under Article 25-3 (1) and (2) of the Act;

5-3. Permission for use before completion or acceptance of a report on use before completion under the proviso of Article 25-3 (3) of the Act;

6. Sale of vested land under Article 26 (3) of the Act;

7. Measures regarding the gratuitous use of, and profit-making from, the vested land and facilities under Article 26 (4) of the Act;

8. Sale of land and transfer of fishery harbor facilities under Article 27 of the Act;

9. Establishment of rights to manage and operate fishery harbor facilities under Article 29 of the Act;

10. Registration of rights to manage and operate fishery harbor facilities under Article 31 of the Act;

11. Deleted; <Jun. 4, 2019>

12. Deleted; <Jun. 4, 2019>

13. Disposition on violations of statutes or regulations under Article 50 of the Act;

14. Dispositions for public interest under Article 51 of the Act;

15. Countermeasures against emergencies and disasters under Article 52 of the Act;

16. Measures for compensation for losses under Article 53 of the Act;

17. Hearings on delegated authority among the authority under Article 54 of the Act;

18. Acceptance of reports on the transfer of rights and obligations under Article 55 of the Act;

19. Imposition and collection of administrative fines under delegated authority among the authority under Article 62 of the Act.

(2) The Minister of Oceans and Fisheries shall entrust the following affairs to the Korea Fisheries Infrastructure Public Agency under Article 56 (3) of the Act: <Amended on Mar. 23, 2013; Sep. 24, 2014; May 28, 2018; Oct. 2, 2018>

1. Basic or detailed surveys under Article 3 of the Act;

2. Survey, measurement, design, and construction supervision following the promotion of comprehensive fishing village development projects implemented by the Minister of Oceans and Fisheries under Article 9 of the Act;

3. Feasibility study for the designation of national fishery harbors under Article 17 of the Act;

4. Safety inspection of the basic facilities of national fishery harbors to formulate fishery harbor maintenance plans under Article 19 (2) 2 of the Act;

5. Operation of fishery harbor management vessels to implement plans for improving the environment of fishery harbors under Article 19 (2) 3 of the Act;

6. Repair works on fishery harbor facilities and dredging of fishery harbors of less than 10,000 cubic meters among the fishery harbor development projects under Article 23 (1) of the Act;

7. Safety inspection of fishery harbor facilities under Article 24 (4) of the Act;

7-2. Establishment and operation of the integrated fishery harbor information system under Article 47 (1) of the Act;

8. Invigoration of fishing villages and fishery harbor tourism, and assistance thereto under Article 49-2 of the Act;

9. Training and use of sea storytellers under Article 49-4 of the Act.

[This Article Wholly Amended on Oct. 29, 2008]

ENFORCEMENT DECREE OF THE FISHING VILLAGES AND FISHERY HARBORS ACT

Article 1(Purpose) #

Article 2(Scope of facilities for residents' convenience) #

Article 3(Details of basic surveys and detailed surveys) #

Article 4(Public notice of formulation and modification of master plans) #

Article 5(Modification of minor matters in comprehensive fishing village development plans) #

Article 6(Details of plans for comprehensive fishing village development projects) #

Article 7(Public notice of formulation and modification of plans for comprehensive fishing village development projects) #

Article 8(Implementers of comprehensive fishing village development projects) #

Article 9(Details of implementation plans) #

Article 10(Reporting on modification of implementation plans for minor matters) #

Article 11(Public announcement of implementation plans) #

Article 12(Special cases regarding confirmation of completion) #

Article 13(Permission for use before completion) #

Article 14(Persons to be entrusted with survey, measurement, design, and construction supervision) #

Article 15(Donation of facilities developed under comprehensive fishing village development projects) #

Article 16(Approval for use of facilities developed under comprehensive fishing village development projects for purposes other than originally intended purpose) #

Article 17(Public notice of designation of fishery harbors) #

Article 18(Establishment of zones for fishing village tourism) #

Article 19(Scope of facilities for fishing village tourism) #

Article 20(Formulation of fishery harbor development plans) #

Article 21(Public notice of formulation and modification of fishery harbor development plans) #

Article 22(Modification of minor matters) #

Article 23(Consultation on formulation of fishery harbor development plans) #

Article 24(Permission for implementation of fishery harbor development projects) #

Article 25(Consultation for implementation of fishery harbor development projects) #

Article 26(Fishery harbor facilities not subject to vesting) #

Article 27(Public organizations subject to preferential permission) #

Article 27-2(Fishery harbor facilities subject to technical standards) #

Article 27-3(Special cases regarding confirmation of completion) #

Article 27-4(Permission for use before completion of construction) #

Article 28(Land subject to ownership acquisition by non-designating authority) #

Article 29(Sale of vested land) #

Article 30(Period of gratuitous use and profit-making of vested fishery harbor facilities) #

Article 31(Methods for calculating total project costs and land values) #

Article 32 #

Article 33(Registration of rights to manage and operate fishery harbor facilities) #

Article 34 #

Article 35(Permission for use or occupancy of fishery harbor facilities) #

Article 36(Scope of repair of fishery harbor facilities) #

Article 37(Reduction of, or exemption from, usage fees) #

Article 38(Collection of indemnities) #

Article 39(Management costs of fishery harbor facilities) #

Article 40(Prohibited acts) #

Article 41(Measures for removal of obstacles) #

Article 42(Use of standardized forms and electronic documents) #

Article 42-2(Modification of minor matters in fishing village and fishery harbor regeneration and development plans) #

Article 42-3(Details of plans for fishing village and fishery harbor regeneration projects) #

Article 42-4(Modification of minor matters in plans for fishing village and fishery harbor regeneration projects) #

Article 42-5(Public notice of formulation and modification of plans for fishing village and fishery harbor regeneration projects) #

Article 42-6(Designation of supporting entities to promote fishing village and fishery harbor regeneration projects) #

Article 42-7(Composition of regional consultative bodies for fishing village and fishery harbor regeneration) #

Article 42-8(Implementers of fishing village and fishery harbor regeneration projects) #

Article 43(Application for adjudication) #

Article 44(Delegation and entrustment of authority) #

Article 44-2(Incorporation registration) #

Article 44-3(Payment of contributions by the Government) #

Article 44-4(Application for approval of project operating plans) #

Article 45 #

Article 45-2(Re-examination of regulation) #

Article 46(Criteria for imposition of administrative fines) #