MARINE ENVIRONMENT MANAGEMENT ACT

영문법령 불러오는 중…

MARINE ENVIRONMENT MANAGEMENT ACT — 법갈피

Article 3(Scope of Application) #

(1) This Act shall apply to the management of the marine environment in the following sea areas, water zones, zones, ships, marine facilities, etc.: Provided, That the management of the marine environment (excluding inspections for research, academic, or policy-making purposes) and the prevention of marine pollution related to radioactive substances shall be governed by the Nuclear Safety Act: <Amended on Jul. 25, 2011; Dec. 27, 2016; Mar. 21, 2017>

1. Territorial sea provided for in the Territorial Sea and Contiguous Zone Act and sea areas prescribed by Presidential Decree;

2. Exclusive economic zones defined in Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf;

3. Environmental management sea areas designated under Article 15;

4. Submarine mining areas designated pursuant to Article 3 of the Submarine Mineral Resources Development Act.

(2) This Act shall apply to the prevention of marine pollution caused by ships of the Republic of Korea defined in Article 2 of the Ship Act (hereinafter referred to as "Korean ships") outside the sea areas, water zones, and zones referred to in each subparagraph of paragraph (1).

(3) This Act shall apply where ships other than Korean ships (hereinafter referred to as "foreign ships") are sailing or anchored inside the sea areas, water zones, and zones referred to in each subparagraph of paragraph (1): Provided, That Articles 32, 41-3 (2) through (5), 41-4, 49 through 54, 54-2, 56 through 58, 60, 112, and 113 shall not apply to foreign ships navigating internally. <Amended on Dec. 18, 2012; Mar. 24, 2020>

(4) Except as provided in this Act, the sulfur content standards for fuel oil under Article 44 and the quality standards for fuel oil under Article 45 shall be governed by the Petroleum and Alternative Fuel Business Act and the Clean Air Conservation Act.

(5) Except as provided in this Act, the disposal of pollutants shall be governed by the Wastes Control Act, the Water Environment Conservation Act, the Sewerage Act, and the Act on the Management and Use of Livestock Excreta. <Amended on Jun. 15, 2011; Jan. 17, 2017>

(6) Except as provided in this Act, the permissible emission limits of air pollutants, including nitrogen oxides, generated by the diesel engines of ships, shall be governed by the Clean Air Conservation Act.

Article 15(Designation and Management of Environmental Management Sea Areas) #

(1) If deemed necessary to preserve and manage the marine environment, the Minister of Oceans and Fisheries may designate and manage environmental preservation sea areas and specially-managed sea areas (hereinafter referred to as "environmental management sea areas") according to the following classification. In such cases, he or she shall have a prior consultation with the heads of relevant central administrative agencies, the competent Mayor/Do Governor, etc.:

1. Environmental preservation sea areas: Sea areas (including land that directly affects marine pollution) determined and publicly notified by the Minister of Oceans and Fisheries, from among the sea areas that have well-preserved marine environment and ecosystems and require continuous management to satisfy the marine environmental standards referred to in Article 13 (1) of the Act on Conservation and Utilization of the Marine Environment;

2. Specially-managed sea areas: Sea areas (including land that directly affects marine pollution) determined and publicly notified by the Minister of Oceans and Fisheries, from among the sea areas where it is impracticable to satisfy the marine environmental standards referred to in Article 13 (1) of the Act on Conservation and Utilization of the Marine Environment and the sea areas having substantial or potential obstacles to preserving the marine environment and ecosystems.

(2) Where the purpose of designating an environmental management sea area has been accomplished or lost or where it is necessary to expand, reduce, or otherwise adjust the scope of designation to achieve the original purpose of designation, the Minister of Oceans and Fisheries may wholly or partially revoke the designation of the environmental management sea area or change the scope of the designation and give public notice thereof. In such cases, the Minister of Oceans and Fisheries shall consult with the Mayor/Do Governor having jurisdiction over the relevant area in advance.

(3) Where the Minister of Oceans and Fisheries intends to designate, or to revoke or change the designation of, any environmental management sea area pursuant to paragraphs (1) and (2), he or she shall consider the following:

1. Results of inspecting marine environmental measuring networks under Article 9;

2. Results of examining residual pollutants under Article 39;

3. Results of national comprehensive investigations into marine ecosystems under Article 10 of the Conservation and Management of Marine Ecosystems Act;

4. Results of surveys of the marine environment and ecosystem conducted by the State or local governments for at least three consecutive years.

(4) Matters necessary for designating, revoking, or changing environmental management sea areas pursuant to paragraphs (1) through (3) shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Jan. 8, 2019]

[Previous Article 15 moved to Article 15-2 <Jan. 8, 2019>]

Article 16(Formulation of Master Plans for Environmental Management Sea Areas) #

(1) With respect to environmental management sea areas, the Minister of Oceans and Fisheries shall formulate a master plan for environmental management sea areas, including the following, every five years, and shall formulate and implement a management plan by sea area which aims at environmental conservation in a specific sea area after customizing the master plan for environmental management sea areas. In such cases, he or she shall have a prior consultation with the heads of relevant administrative agencies: <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>

1. Matters regarding observation of the marine environment;

2. Matters regarding the examination and research of sources of pollution;

3. Matters regarding measures for the preservation and improvement of the marine environment;

4. Matters regarding assistance to residents, following environmental management;

5. Other matters prescribed by Presidential Decree, which are necessary for the management of environmental management sea areas.

(2) Master plans for environmental management sea areas shall be confirmed through deliberation by the Maritime Affairs and Fisheries Development Committee under Article 7 of the Framework Act on Marine Fishery Development. <Amended on Feb. 6, 2009; Jun. 15, 2011>

(3) When the Minister of Oceans and Fisheries has formulated a master plan for environmental management sea areas and management plans by sea area, he or she shall notify the heads of relevant administrative agencies thereof, and the heads of the relevant administrative agencies shall take necessary measures for the implementation thereof. <Amended on Jun. 15, 2011; Mar. 23, 2013>

(4) If necessary to formulate and implement management plans by sea area, the Minister of Oceans and Fisheries may separately operate a project management task force, which is comprised of public officials belonging to relevant central administrative agencies and local governments, experts, etc. In such cases, matters necessary for its composition and operation shall be prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>

[Title Amended on Jun. 15, 2011]

Article 18(Marine Environmental Improvement Measures) #

(1) Any sea area management authority may take the following marine environmental improvement measures, as prescribed by Presidential Decree, if deemed necessary to prevent marine pollution caused by the inflow, spread, or accumulation, etc. of pollutants and to improve the marine environment: <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Dec. 27, 2016; Dec. 3, 2019>

1. Installation of facilities that prevent the inflow and spread of pollutants;

2. Collection and disposal of pollutants (excluding garbage);

3. Deleted; <Dec. 3, 2019>

4. Other projects prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are necessary to improve the marine environment.

(2) Where a sea area or zone subject to marine environmental improvement measures referred to in paragraph (1) extends over the jurisdictions of at least two Mayors/Do Governors or in any other case prescribed by Presidential Decree, the Minister of Oceans and Fisheries may take marine environmental improvement measures referred to in paragraph (1) in sea areas or zones falling under any subparagraph of Article 3 (1). In such cases, the Minister of Oceans and Fisheries shall have a prior consultation with the relevant Mayors/Do Governors. <Newly Inserted on Jun. 1, 2012; Mar. 23, 2013>

(3) The Minister of Oceans and Fisheries may examine the sources of pollution in the marine environment in sea areas or zones referred to in the subparagraphs of Article 3 (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, if deemed necessary to preserve or manage the marine environment, or to prevent marine pollution. In such cases, the Minister of Oceans and Fisheries may request the head of a relevant administrative agency to jointly examine the polluted sea areas and facilities from which pollutants are discharged. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013>

(4) If deemed necessary upon examination of sources of pollution in the marine environment under paragraph (3), the Minister of Oceans and Fisheries may require a polluter referred to in Article 8 of the Act on Conservation and Utilization of the Marine Environment (hereinafter referred to as “polluter”) to take a marine environmental improvement measure referred to in any subparagraph of paragraph (1). <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Mar. 21, 2017>

(5) Methods for installing facilities preventing the inflow and spread of pollutants, methods for collecting and disposing of pollutants (excluding garbage), etc. in connection with the marine environmental improvement measures referred to in paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Dec. 27, 2016; Dec. 3, 2019>

Article 19(Marine Environmental Improvement Charges) #

(1) The Minister of Oceans and Fisheries shall impose and collect a marine environmental improvement charge (hereinafter referred to as "charge") with respect to the following acts that have a significant impact on the marine environment and marine ecosystems: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 3, 2019>

1. Discharging garbage into the sea by a person who engages in the business of discharging garbage into the sea under Article 19 (1) 1 of the Management of Marine Garbage and Contaminated Marine Sediment Act;

2. Discharging pollutants at least in the quantity prescribed by Presidential Decree from ships or marine facilities.

3. Discharging garbage into the sea by insulating it in accordance with Article 9 (1) 2 of the Management of Marine Garbage and Contaminated Marine Sediment Act;

4. Storing carbon dioxide streams in a marine geological structure in accordance with Article 10 (1) of the Management of Marine Garbage and Contaminated Marine Sediment Act.

(2) No charge shall be imposed where the discharge of pollutants referred to in paragraph (1) 2 falls under any of the following cases: <Newly Inserted on Jun. 15, 2011>

1. Where such discharge is caused by a war, an act of God, or any other force majeure event;

2. Where such discharge is caused only by the intention of a third party: Provided, That it shall be limited to cases where there is no defect in the installation and management of ships or marine facilities;

3. Where such discharge occurs outside sea areas or waters referred to in Article 3 (1) 1 and 2, as prescribed by Presidential Decree.

(3) The kind and quantity of a pollutant discharged shall be considered in the calculation of a charge that is imposed by applying the imposition coefficients by kind of pollutants to the amount calculated by multiplying the quantity of the pollutant discharged by the amount of charge per unit. In such cases, the quantity discharged and the amount of charge imposed per unit on a pollutant, imposition coefficients by kind of pollutants, etc. shall be prescribed by Presidential Decree. <Amended on Jun. 15, 2011>

(4) The Minister of Oceans and Fisheries may allow persons liable to pay such charges in installments. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>

(5) The Minister of Oceans and Fisheries shall contribute charges and surcharges collected under Article 20 (1) to the Fisheries Development Fund under Article 46 of the Framework Act on Fisheries and Fishing Villages Development (hereinafter referred to as "Fund"). <Amended on Feb. 29, 2008; Apr. 22, 2009; Jun. 15, 2011; Mar. 23, 2013; Jun. 22, 2015; Oct. 31, 2017>

(6) Procedures for the collection of charges under paragraphs (1) and (3), and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jun. 15, 2011>

Article 22(Prohibition of Discharge of Pollutants) #

(1) No person shall discharge pollutants from ships into the sea: Provided, That the same shall not apply in the following cases: <Amended on Dec. 21, 2007; Feb. 29, 2008; Apr. 15, 2010; Mar. 23, 2013; Dec. 3, 2019>

1. Where the discharge of garbage generated during the sailing or mooring of a ship is intended, such garbage shall be discharged in compliance with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;

2. Where oil is discharged according to the following classification:

(a) Where a ship discharges oil, such oil shall be discharged in compliance with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries, in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;

(b) Where an oiler discharges its ballast water mixed with cargo oil, and cleaning water and bilge water from the cargo hold, such water shall be discharged in compliance with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries, in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;

(c) Where an oiler discharges its ballast water from the cargo hold, such water shall be discharged to satisfy the cleanness requirements prescribed by Ordinance of the Ministry of Oceans and Fisheries;

3. Where noxious liquid substances are discharged according to the following classification:

(a) Where a noxious liquid substance is discharged, it shall be discharged in compliance with the method of pre-treatment and discharge prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;

(b) Where ships' cleaned ballast water is discharged from a cargo hold (including equipment for discharging ballast water) used for the bulk transportation of noxious liquid substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, it shall be discharged in compliance with the method of purification prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(2) No person shall discharge pollutants generated in places prescribed by Presidential Decree, such as marine facilities, bathing beaches, and estuaries (hereinafter referred to as "marine space"), into the sea: Provided, That the same shall not apply in the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Discharging garbage generated in marine facilities or marine space (hereinafter referred to as "marine facilities, etc.") in compliance with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries;

2. Discharging oil or noxious liquid substances generated in marine facilities, etc. in compliance with the disposal criteria and method prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(3) Notwithstanding paragraphs (1) and (2), pollutants (excluding garbage; hereafter in this Article the same shall apply) generated in ships, marine facilities, etc. may be discharged into the sea in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 3, 2019>

1. Where pollutants are inevitably discharged to ensure the safety of ships, marine facilities, etc. or to save lives;

2. Where pollutants are inevitably discharged due to damage to ships, marine facilities, etc.;

3. Where pollutants are inevitably discharged in an effort to minimize pollution damage by the method prescribed by Ordinance of the Ministry of Oceans and Fisheries in a pollution accident caused by ships, marine facilities, etc.

Article 38(Pollutant Storage Facilities) #

(1) Any sea area management authority shall install and operate a facility to store pollutants discharged from ships or marine facilities or discharged into the sea (hereinafter referred to as "pollutant storage facility").

(2) A person who intends to install and operate a pollutant storage facility (hereinafter referred to as a "pollutant storage facility operator") other than a sea area management authority shall notify the sea area management authority as prescribed by Presidential Decree. The same shall also apply where he or she intends to revise any important reported matter prescribed by Ordinance of the Ministry of Oceans and Fisheries <Newly Inserted on Oct. 24, 2023>

(3) From the date of receipt of a notification pursuant to the former part of paragraph (2) or a notification of change pursuant to the latter part of the same paragraph, a sea area management authority shall notify the notifier whether the notification has been received within the period prescribed by the Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 24, 2023>

(4) Any sea area management authority shall prepare and manage a ledger to manage pollutants brought into and out of a pollutant storage facility (hereinafter referred to as "pollutants management ledger") and the pollutant storage facility operator, shall submit the pollutants management ledger to the Commissioner of the Korea Coast Guard. In such cases, matters regarding ledger entries, preservation period, submission procedures, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 24, 2023>

(5) Articles 71 and 74 shall apply mutatis mutandis to the grounds for disqualification of a pollutant storage facility operator, and the succession to the status thereof. <Newly Inserted on Oct. 24, 2023>

(6) Detailed criteria for the installation and operation of pollutant storage facilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 24, 2023>

Article 41-2(Calculation of Energy Efficiency Design Index) #

(1) A person who intends to build or convert a ship as follows, of at least 400 gross tonnage that is engaged in international navigation and prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall install a propulsion engine having minimum output equal to or above that determined and publicly notified by the Minister of Oceans and Fisheries; calculate the Energy Efficiency Design Index in a manner determined and publicly notified by the Minister of Oceans and Fisheries, and report the results of such calculation to the Minister of Oceans and Fisheries: <Amended on Mar. 23, 2013; Oct. 18, 2022>

1. Conversion to substantially change the length, width, depth, transport capacity, or engine output of a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;

2. Conversion to change the service for which the ship is intended;

3. Conversion to extend the service life of the ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;

4. Conversion, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, to substantially change the ship energy efficiency, such as a change exceeding the acceptable value of the Energy Efficiency Design Index prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(2) No owner of any ship prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the ships referred to in paragraph (1), shall build or convert a ship, the Energy Efficiency Design Index of which calculated under paragraph (1) exceeds the acceptable value of the Energy Efficiency Design Index prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(3) The Minister of Oceans and Fisheries shall submit the Energy Efficiency Design Index calculated pursuant to paragraph (1) and the acceptable value of the Energy Efficiency Design Index calculated under paragraph (2) to the International Maritime Organization, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 18, 2022>

[This Article Newly Inserted on, Dec. 18, 2012]

Article 41-4(Reporting of Ship Fuel Oil Consumption) #

(1) The owner of a ship who is issued a written confirmation of compliance of ship energy efficiency pursuant to Article 41-3 (3) shall report matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the fuel oil consumptions of the ship in the relevant year, the sailing distance of the ship, and the Carbon Intensity Indicator (hereinafter referred to as "ship fuel oil consumptions, etc."), to the Minister of Oceans and Fisheries by March 31 of the following year. <Amended on Oct. 18, 2022>

(2) Notwithstanding paragraph (1), where the relevant ship is no longer Korean ship or is no longer used due to sale or scrapping of the ship, etc., the owner of a ship shall report ship fuel oil consumptions, etc. for the relevant year to the Minister of Oceans and Fisheries within a period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date the relevant cause arises.

(3) The Minister of Oceans and Fisheries shall verify the ship fuel oil consumptions, etc. reported under paragraph (1) or (2), and issue a statement of compliance regarding ship fuel oil consumptions, etc. to the owner of the relevant ship (in cases falling under paragraph (2), referring to a person who reports pursuant to that paragraph), if it meets the criteria.

(4) The owner of a ship shall keep a statement of compliance regarding ship fuel oil consumptions, etc. under paragraph (3) in the relevant ship for at least five years. <Amended on Oct. 18, 2022>

(5) The Minister of Oceans and Fisheries shall submit the results of verifying the fuel oil consumptions, etc. under paragraph (3) to the International Maritime Organization.

(6) Matters necessary for the reporting of and verification method of the ship fuel oil consumption, etc., the issuance of a statement of compliance regarding ship fuel oil consumptions, etc., and the submission of the results of verification to the International Maritime Organization under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

[This Article Newly Inserted on Mar. 24, 2020]

Article 44(Sulphur Content Standards for Fuel Oil) #

(1) No ship owner shall use fuel oil exceeding the sulfur content standards prescribed by Presidential Decree by classifying sea areas into emission control sea area and other sea areas: Provided, That the same shall not apply to any of the following cases: <Amended on Mar. 24, 2020; Oct. 18, 2022>

1. Where he or she mounts and operates an exhaust gas purifying device meeting the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries and reduces the quantity of sulfur oxide emissions below the permissible emission standards for sulfur oxides prescribed by Ordinance of the Ministry of Oceans and Fisheries;

2. Where the relevant ship fails to be supplied fuel oil meeting the sulfur content standards in an adjacent harbor of a sea area in which the ship is operated despite the effort to be supplied fuel oil meeting the sulfur content standards prescribed in the main clause of this paragraph, with the exception of the subparagraphs, and where the ship is recognized by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(2) Deleted. <Mar. 24, 2020>

(3) A ship owner shall record the matters such as fuel oil change-over that are prescribed by Ordinance of the Ministry of Oceans and Fisheries, in the ship's engine logbook in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2020; Oct. 18, 2022>

1. Where a ship navigates in the emission control sea area;

2. Where it fails to reduce the quantity of sulfur oxides emissions below the permissible emission standards for sulfur oxides referred to in paragraph (1) 1 due to the improper operation of an exhaust gas purifying device referred to in that subparagraph;

3. Where it falls under paragraph (1) 2.

(4) Each ship owner shall retain the engine logbook referred to in paragraph (3) in the ship for one year from the supply of the relevant fuel oil.

(5) Each ship owner shall keep a procedure manual stating the methods of fuel oil change-over (hereinafter referred to as "procedure manual for fuel oil change-over") in the ship, which must be followed by the ship using fuel oil with different sulfur content stored in different tanks to meet the sulfur content standards for fuel oil referred to in paragraph (1) before entering or leaving the emission control sea areas. <Newly Inserted on Jun. 15, 2011; Mar. 24, 2020; Oct. 18, 2022>

(6) Where an entry into a ship is made and an inspection is conducted under Article 115 (1) to check the sulfur content of fuel oil, he or she shall designate a place or install facilities to collect samples of fuel oil in use: Provided, That the same shall not apply to the ships prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as ships with specific engines. <Newly Inserted on Oct. 18, 2022>

(7) Matters necessary for the standards for collecting samples under paragraph (6) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 18, 2022>

Article 45(Supply and Confirmation of Fuel Oil) #

(1) None of the following persons who supplies fuel oil to ships (hereinafter referred to as "ship fuel oil supplier") shall supply ships with fuel oil which is below the quality standards for fuel oil prescribed by Presidential Decree or exceeds the sulfur content standards under Article 44 (1): Provided, That the same shall not apply where a ship supplied with fuel oil falls under Article 44 (1) 1: <Amended on Oct. 31, 2017; Mar. 24, 2020>

1. A person who is registered as a ship fuel oil supplier under Article 26-3 of the Harbor Transport Business Act;

2. Fisheries cooperatives supplying tax-free fuel oil for the fishing industry pursuant to Article 106-2 of the Act on Restriction on Special Cases concerning Taxation.

(2) Each ship fuel oil supplier shall prepare a bunker delivery note which states sulfur compounds, etc. contained in the fuel oil, and provide a copy thereof to the ship owner together with a sample collected from the relevant fuel oil (hereinafter referred to as "fuel oil sample"): Provided, That the same shall not apply to ship fuel oil suppliers who supply fuel oil to small ships prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Aug. 20, 2019>

(3) Every ship fuel oil supplier (excluding those referred to in the proviso of paragraph (2)) shall retain bunker delivery notes under paragraph (2) in his or her principal office for three years, and ship owners shall retain copies thereof in their ships for three years. <Amended on Oct. 31, 2017>

(4) Every ship owner shall retain fuel oil samples from the supply of fuel oil until the use-up of such fuel oil: Provided, That where the period until such fuel oil is consumed is less than one year, he or she shall retain the fuel oil samples for a period classified as follows: <Amended on Aug. 20, 2019; Mar. 24, 2020>

1. Ships prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as ships engaged exclusively in domestic navigation: The period prescribed by Ordinance of the Ministry of Oceans and Fisheries, which shall not exceed six months;

2. Ships other than those referred to in subparagraph 1: One year.

(5) Matters regarding the form of the bunker delivery note, management of fuel oil samples under paragraph (2), etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(6) Where any of the following applies to a foreign ship fuel oil supplier, the Minister of Oceans and Fisheries may notify the fact to the relevant administrative authorities of the country to which the foreign ship fuel oil supplier belongs and take other necessary measures: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

1. Where the foreign ship fuel oil supplier supplies fuel oil which is below the quality standards under paragraph (1) or exceeds the sulfur content standards;

2. Where the foreign ship fuel oil supplier is found to have supplied fuel oil different from that indicated in the bunker delivery note.

Article 46(Prohibition on Shipboard Incineration) #

(1) No person shall incinerate any of the following on board a ship while the ship is sailing or anchored: Provided, That the same shall not apply to the substance referred to in subparagraph 5 burned in a shipboard incinerator prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>

1. Residues of oil, noxious liquid substances, and harmful substances in packaged form, which are carried by freight, and packing materials contaminated with such substances;

2. Poly chlorinated biphenyl;

3. Garbage containing heavy metals above the permissible levels determined and publicly notified by the Minister of Oceans and Fisheries;

4. Refined petroleum products containing halogen compounds;

5. Polyvinyl chloride;

6. Garbage brought from ashore;

7. Residues in gas cleaning system.

(2) Any ship owner, who intends to incinerate on board the ship substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the substances generated while the ship is sailing or anchored, shall operate an incinerator installed on the ship (hereinafter referred to as "shipboard incinerator") by the method prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as maintaining an appropriate temperature to prevent the emission of air pollutants. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Notwithstanding paragraph (2), the substances prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the substances generated while the ship is sailing or anchored, may be incinerated in the main or auxiliary engine or boiler on the ship: Provided, That the same shall not apply to the sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as harbors and fishing port zones. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) Shipboard incinerators shall be maintained in compliance with the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 58(Measures against Noncompliant Ships) #

(1) Where the Minister of Oceans and Fisheries deems that marine pollution prevention equipment, etc., anti-fouling systems, or the sulfur content of fuel oil, etc. are not in compliance with the installation standards, technical standards, or sulfur content standards, etc. under Articles 25 (1), 26 (1) and (2), 27 (1) and (2), 40 (2), 41 (1), or 44 (1), he or she may order the owner of the relevant ship to replace, convert, change, or repair the marine pollution prevention equipment, etc., anti-fouling systems, or fuel oil or to take other necessary measures. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2020>

(2) Where a ship owner intends to continuously use or uses his or her ship against an order of replacement, etc. issued to address a material defect in marine pollution prevention equipment, etc. and anti-fouling systems, from among the orders for improvement under paragraph (1), the Minister of Oceans and Fisheries may suspend the navigation of such ship: Provided, That the same shall not apply where good cause exists, such as the navigation of the ship to a harbor for repair in order to comply with the orders for improvement without any fear of marine pollution. <Amended on Dec. 29, 2009; Mar. 23, 2013>

(3) The Minister of Oceans and Fisheries may order the owner of a relevant ship to take necessary measures, such as correction, replacement, conversion, and keeping such plan on board, in any of the following cases: <Amended on Dec. 18, 2012; Mar. 23, 2013; Oct. 18, 2022>

1. Where it is recognized that the ship energy efficiency fails to comply with the calculation method or acceptable value of the Energy Efficiency Design Index, or the minimum output of propulsion engine under Article 41-2;

2. Where it is recognized that the ship energy efficiency fails to comply with the calculation method and the acceptable value of the Energy Efficiency Existing Ship Index under Article 41-5 and of the Carbon Intensity Indicator under Article 41-6;

3. Where a ship energy efficiency management plan is not kept on board.

Article 64(Pollution Response Measures upon Discharge of Pollutants) #

(1) Any person who falls under Article 63 (1) 1 or 2 (hereinafter referred to as "person responsible for pollution response") shall take the following measures against discharged pollutants (hereinafter referred to as "pollution response measures"), as prescribed by Presidential Decree:

1. Prevention of discharge of pollutants;

2. Prevention of spread of discharged pollutants and removal thereof;

3. Collection and disposal of discharged pollutants.

(2) Where a pollutant is discharged from a ship located in a harbor or sea area adjacent to a harbor, any of the following persons shall fully cooperate with the person responsible for pollution response in taking pollution response measures: <Amended on Aug. 20, 2019>

1. Where the relevant harbor is used for loading the discharged pollutant, the consignor of the relevant pollutant;

2. Where the relevant harbor is used for unloading the discharged pollutant, the consignee of the relevant pollutant;

3. Where the pollutant is discharged while the ship is at her moorings, the manager of the relevant mooring facilities;

4. Other persons whose act resulted in the discharge of the pollutant.

(3) Where a person responsible for pollution response fails to voluntarily take pollution response measures, the Commissioner of the Korea Coast Guard may order the person to take pollution response measures, setting a deadline. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(4) Where a person responsible for pollution response fails to comply with an order to take pollution response measures under paragraph (3), the Commissioner of the Korea Coast Guard may take the pollution response measures on his or her own. In such cases, expenses associated with such pollution response measures shall be borne by the person responsible for pollution response, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(5) Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply mutatis mutandis to the collection of expenses incurred in directly taking pollution response measures pursuant to paragraph (4).

(6) Materials and chemicals used for taking pollution response measures against pollutants pursuant to paragraphs (1) through (4) shall obtain type-approval, ship equipment inspection, and recognition under Article 110 (4), (6), and (7) or ship equipment inspection pursuant to Article 110-2 (3): Provided, That the same shall not apply to materials used for pollution response measures against pollutants, which are recognized by the Commissioner of the Korea Coast Guard that such materials are needed for emergency pollution response measures and do not affect the marine environment. <Newly Inserted on Jun. 15, 2011; Nov. 19, 2014; Jul. 26, 2017>

Article 67(Placement of Pollution Response Ships) #

(1) The owner of any of the following ships or marine facilities shall place or install pollution response ships or pollution response equipment (hereinafter referred to as "pollution response ships, etc.") in the sea areas prescribed by Ordinance of the Ministry of Oceans and Fisheries in accordance with the criteria prescribed by Presidential Decree in preparation for oil spills into the ocean: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

1. An oil tanker of 500 gross tonnage and above;

2. A ship of 10,000 gross tonnage and above (other than oil tankers);

3. An oil storage facility with a capacity of not less than 10,000 kiloliters, registered as a marine facility.

(2) Any person required to place or install pollution response ships, etc. pursuant to paragraph (1) (hereinafter referred to as "person responsible for placement") may jointly do so or entrust the placement or installation thereof to the Korea Marine Environment Management Corporation under Article 96 (1), as prescribed by Presidential Decree. <Amended on Oct. 31, 2017>

(3) The Commissioner of the Korea Coast Guard may issue to the persons who have failed to place or install pollution response ships, etc. an order aimed at prohibiting ships' entry into or departure from ports, or suspending the use of facilities. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(4) Where pollutants are discharged or likely to be discharged from any ship or marine facility referred to in paragraph (1), the Commissioner of the Korea Coast Guard shall have a person responsible for placement take pollution response measures and measures to prevent discharge under Article 65. In such cases, when a person responsible for placement jointly places or installs pollution response ships, etc. or entrusts the placement or installation thereof to the Korea Marine Environment Management Corporation pursuant to paragraph (2), he or she shall have the joint placer or installer, or the Korea Marine Environment Management Corporation jointly take pollution response measures and measures to prevent discharge. <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 31, 2017>

Article 68(Pollution Response Measures and Costs Bearing by Administrative Agencies) #

(1) Where it is deemed that pollution response measures taken by the person responsible for pollution response, alone, are not enough to prevent large-scale spread of pollutants or that the emergency pollution response is required, the Commissioner of the Korea Coast Guard shall take pollution response measures on his or her own. <Amended on Jun. 15, 2011; Nov. 19, 2014; Jul. 26, 2017>

(2) Notwithstanding paragraph (1), the heads of the relevant local governments or administrative agencies as classified in the following subparagraphs shall take pollution response measures against oil stuck to pebbles, sand, etc. on the shore: <Newly Inserted on Jun. 15, 2011>

1. Where oil affects shores under the jurisdiction of the head of one Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) only: The head of the relevant Si/Gun/Gu;

2. Where oil affects shores under the jurisdictions of the heads of at least two Sis/Guns/Gus: The relevant Mayor/Do Governor. In such cases, where oil affects shores under the jurisdictions of at least two Mayors/Do Governors, the respective Mayors/Do Governors having their own jurisdictions;

3. Pollution response measures for shores on which military facilities and other facilities prescribed by Presidential Decree are installed: The head of the relevant facility management institution.

(3) When the head of a Si/Gun/Gu or a Mayor/Do Governor takes pollution response measures referred to in paragraph (2), the Commissioner of the Korea Coast Guard shall support him or her with materials, chemicals, pollution response equipment, personnel, technology, etc. required for pollution response. <Newly Inserted on Jun. 15, 2011; Nov. 19, 2014; Jul. 26, 2017>

(4) Expenses incurred in taking pollution response measures under paragraphs (1) and (2) may be borne by the owner of a ship or marine facility, as prescribed by Presidential Decree: Provided, That the same shall not apply in circumstances prescribed by Presidential Decree, including natural disasters. <Amended on Jun. 15, 2011>

(5) Articles 5 and 6 of the Administrative Vicarious Execution Act shall apply mutatis mutandis to the collection of expenses borne under paragraph (4). <Amended on Jun. 15, 2011>

Article 75(Revocation of Registration) #

(1) Where a marine environmental management business entity falls under any of the following cases, the Commissioner of the Korea Coast Guard may revoke the registration thereof or order the suspension of business, within a specified period of up to six months: Provided, That he or she shall revoke such registration where the marine environmental management business entity falls under any of the cases referred to in subparagraphs 1 through 4: <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017; Oct. 31, 2017; Dec. 3, 2019>

1. Where the marine environmental management business entity falls under any subparagraph of Article 71: Provided, That the same shall not apply where a corporation which has an executive officer falling under subparagraph 1, 3, or 4 of Article 71 has replaced such executive officer within six months;

2. Where the marine environment management business entity has been registered, or registered for any change by fraud or other improper means;

3. Where the marine environment management business entity has been subjected to the suspension of business on at least two occasions a year;

4. Where the marine environment management business entity has engaged in business activities during the period of business suspension;

5. Where the marine environment management business entity fails to comply with any terms and conditions of registration without good cause;

6. Where the marine environment management business entity violates any duty under Article 72;

7. Where the marine environment management business entity fails or refuses to comply with an order issued under Article 73;

8. Where the marine environment management business entity fails to conduct business activities within one year after registration or has no business performance for at least one year continuously without good cause.

(2) Detailed criteria for an administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, based on the type, severity, etc. of the relevant offense. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

Article 84(Consultation on Utilization of Sea Areas) #

(1) The head of an administrative agency (hereinafter referred to as "license-granting agency") who intends to grant any of the following licenses, permission, designation, etc. (hereinafter referred to as "license, etc.") shall have a prior consultation with the Minister of Oceans and Fisheries on the propriety of utilization of sea areas referred to in Article 20 of the Act on Conservation and Utilization of the Marine Environment and its impact on the marine environment (hereinafter referred to as "consultation on utilization of sea areas"), as prescribed by Presidential Decree, before granting such license, etc. In such cases, the business subject to sea area utilization impact assessment under Article 85 (1) shall be deemed to have undergone the consultation on utilization of sea areas: <Amended on Feb. 29, 2008; Apr. 15, 2010; Mar. 23, 2013; Mar. 21, 2017; Aug. 27, 2019>

1. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act (excluding permission to occupy or use public waters following permission to extract marine aggregates and designation of marine aggregate complexes under subparagraphs 5 and 6) and a license to reclaim public waters under Article 28 of that Act;

2. Deleted; <Apr. 15, 2010>

3. An aquaculture business license under Article 10 of the Aquaculture Industry Development Act: Provided, That this shall apply only to licenses for fishery business in sea areas prescribed by Presidential Decree;

4. Designation of prospective areas for extraction of marine aggregates under Article 21-2 of the Aggregate Extraction Act;

5. Permission to extract marine aggregates under Article 22 of the Aggregate Extraction Act;

6. Designation of marine aggregate extraction complexes under Article 34 of the Aggregate Extraction Act.

(2) Even where any other statute stipulates that permission to occupy or use or a license to reclaim public waters is deemed granted under the Public Waters Management and Reclamation Act, consultation on the utilization of sea areas shall be held in the application of paragraph (1) 1: Provided, That this shall not apply to any of the following: <Amended on Feb. 29, 2008; Apr. 15, 2010; Mar. 23, 2013; Dec. 27, 2016>

1. Business for taking emergency measures under Article 37 of the Framework Act on the Management of Disasters and Safety;

2. Business on which the Minister of National Defense consults with the Minister of Oceans and Fisheries as deemed necessary for confidentiality for military purposes or for urgent military operations, and which is determined and publicly notified by the Minister of Oceans and Fisheries.

(3) When a license-granting agency intends to consult on the utilization of sea areas with the Minister of Oceans and Fisheries pursuant to paragraph (1), it shall submit a sea area utilization consultation form prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) A license-granting agency may require a person who intends to engage in a business requiring a license, etc. (hereinafter referred to as "business subject to licensing"), which is subject to consultation on the utilization of sea areas pursuant to paragraph (1) (hereinafter referred to as "sea area utilization business entity"), to submit a separate sea area utilization consultation form and may submit it in lieu of the sea area utilization consultation form referred to in paragraph (3). <Amended on Jun. 15, 2011>

(5) Any sea area utilization business entity may allow an assessment agent registered under Article 86 (1) to prepare sea area utilization consultation forms submitted to license-granting agencies on his or her behalf pursuant to paragraph (4). <Newly Inserted on Jun. 15, 2011>

(6) The timing of consultation on the utilization of sea areas, and the method of preparing the sea area utilization consultation form under paragraphs (3) and (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>

Article 85(Sea Area Utilization Impact Assessment) #

(1) In consulting on the utilization of sea areas with the Minister of Oceans and Fisheries pursuant to Article 84, if the relevant business subject to licensing involves any of the following acts which is of at least the scale prescribed by Presidential Decree, a license-granting agency shall request the Minister of Oceans and Fisheries to assess its impact on the marine environment (hereinafter referred to as "sea area utilization impact assessment"): Provided, That this shall not apply to the businesses prescribed by Presidential Decree, from among those subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act: <Amended on Feb. 29, 2008; Mar. 28, 2008; Dec. 29, 2009; Apr. 15, 2010; Jun. 15, 2011; Jul. 21, 2011; Jun. 1, 2012; Mar. 23, 2013; Mar. 24, 2020>

1. Dredging or digging the bottom of public waters referred to in Article 8 (1) 3 of the Public Waters Management and Reclamation Act:

2. Extracting earth, sand, or stone in public waters referred to in Article 8 (1) 6 of the Public Waters Management and Reclamation Act;

3. Affecting the depth of public waters, by dumping earth and stone into public waters referred to in Article 8 (1) 8 of the Public Waters Management and Reclamation Act;

4. Extracting submarine minerals defined in subparagraph 1 of Article 2 of the Submarine Mineral Resources Development Act;

5. Extracting minerals referred to in subparagraph 1 of Article 3 of the Mining Industry Act from public waters;

6. Using and developing deep sea water defined in subparagraph 1 of Article 2 of the Development and Management of Deep Sea Water Act;

7. Extracting marine aggregates under Article 22 of the Aggregate Extraction Act;

8. Designating marine aggregate extraction complexes under Article 34 of the Aggregate Extraction Act;

8-2. Installing offshore wind power plants among electric power resource development businesses under the Electric Power Resource Development Promotion Act and relevant statutes or regulations, or offshore wind power plants among electric installations under the Electric Utility Act and relevant statutes or regulations;

9. Other acts prescribed by Presidential Decree, which affect the marine environment.

(2) Where a license-granting agency requests a sea area utilization impact assessment from the Minister of Oceans and Fisheries, it shall also submit a statement on sea area utilization impact assessment prepared by a person who intends to engage in the business subject to licensing, that requires the sea area utilization impact assessment under any subparagraph of paragraph (1) (hereinafter referred to as "business entity subject to assessment"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Where a business entity subject to assessment prepares a statement on sea area utilization impact assessment pursuant to paragraph (2), he or she shall hold an explanatory meeting or public hearing, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and take necessary procedures, including the collection of opinions of interested persons. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013>

(4) Where a business entity subject to assessment prepares a statement on sea area utilization impact assessment pursuant to paragraph (2), he or she may allow an assessment agent registered under Article 86 (1) to do so on his or her behalf.

(5) The details and method of preparing a statement on sea area utilization impact assessment, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 89(Revocation of Registration of Assessment Agents) #

(1) Where an assessment agent falls under any of the following, the Minister of Oceans and Fisheries may revoke his or her registration or issue an order for business suspension for up to six months: Provided, That he or she shall revoke the relevant registration where the assessment agent falls under any of the cases specified in subparagraphs 1, 3 through 5, and 5-2: <Amended on Feb. 29, 2008; Jun. 15, 2011; Jun. 1, 2012; Mar. 23, 2013; Dec. 27, 2016; Oct. 31, 2017>

1. Where the assessment agent has obtained registration or registration for modification by fraud or other improper means;

2. Where the assessment agent fails to meet the requirements for skills, facilities, and equipment under the former part of Article 86 (1);

2-2. Where the assessment agent fails to file for registration for change under the latter part of Article 86 (1);

3. Where the assessment agent falls under any subparagraph of Article 87: Provided, That the same shall not apply where the representative of a corporation who falls under subparagraph 1, 3, or 4 of Article 87 is replaced within six months;

4. Where the assessment agent fails to commence the business of consultation on utilization of sea areas, etc. within two years after registration or continues to have no business performance on consultation on utilization of sea areas, etc. for at least two consecutive years;

5. Where the assessment agent who has been subject to business suspension on two occasions for the past one year and repeats an act constituting the grounds for business suspension;

5-2. Where the assessment agent conducts business activities (including the conclusion of contracts), such as consultation on utilization of sea areas, etc. during business suspension;

6. Where the assessment agent violates Article 88;

7. Where the assessment agent falsely prepares a sea area utilization consultation form, etc. or submits a poorly prepared sea area utilization consultation form, etc. either by intent or gross negligence.

(2) Detailed criteria for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, in consideration of the types, severity, etc. of the relevant offenses. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 93(Ex Post Facto Management) #

(1) Where a license-granting agency grants a license, etc. without consultation on utilization of sea areas, etc., or grants a license, etc. without reflecting opinions on the consultation on utilization of sea areas, etc., the Minister of Oceans and Fisheries may request the relevant license-granting agency to take necessary measures, such as revoking the relevant license, etc., suspending business, removing and suspending the operation of structures, and restoring them to their original state. In such cases, the relevant license-granting agency shall comply with such request unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 20, 2019>

(2) Any license-granting agency shall verify whether sea area utilization business entities, etc. implement the opinion of the Minister of Oceans and Fisheries on the consultation on utilization of sea areas, etc. under Article 84 (1), and order them to take necessary measures, as prescribed by Presidential Decree, where the sea area utilization business entities, etc. fail to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Where any license-granting agency fails to verify whether the opinion on consultation on utilization of sea areas, etc. is being implemented or substantially delays such verification, the Minister of Oceans and Fisheries may verify it on his or her own, notwithstanding paragraph (2); and where deemed necessary to implement the opinion on consultation on utilization of sea areas, etc., he or she may request the license-granting agency to order suspension of construction work or to take other necessary measures. <Newly Inserted on May 21, 2014>

(4) When performing verification on his or her own under paragraph (3), the Minister of Oceans and Fisheries may seek opinions from a relevant expert or a sea area utilization impact review agency, etc. or request him, her, or it to conduct an on-site investigation, or may request a sea area utilization business entity, etc. or the head of a license-granting agency to submit related data. <Newly Inserted on Oct. 31, 2017>

(5) Upon receipt of a request from the Minister of Oceans and Fisheries pursuant to paragraph (3) or (4), a licensing-granting agency shall comply therewith unless there is a compelling reason not to do so. <Newly Inserted on May 21, 2014; Oct. 31, 2017>

Article 110(Type Approval for Marine Pollution Prevention Facilities) #

(1) Deleted. <Oct. 24, 2023>

(2) Deleted. <Oct. 24, 2023>

(3) Any person who intends to manufacture, produce, or import marine pollution prevention equipment (excluding noxious liquid substance pollution prevention equipment), anti-fouling systems, and shipboard incineration equipment (hereinafter referred to as "equipment subject to type approval") prescribed by Ordinance of the Ministry of Oceans and Fisheries shall obtain type approval from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and any changes to the type approval shall be approved by the Minister of Oceans and Fisheries: Provided, That the same shall not apply to the manufacture, production, or import of equipment subject to type approval for purposes of testing, research, or development, which are confirmed by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Oct. 24; 2023>

(4) Any person who intends to manufacture, produce, or import materials or chemicals used for removing or preventing pollutants pursuant to Article 66 (1) shall obtain type approval from the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply to the manufacture, production, or import of materials or chemicals used for response to or prevention of pollutants for purposes of testing, research, or development, which are confirmed by the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(5) Any person who intends to obtain type approval under paragraphs (3) and (4), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall first undergo a performance test of equipment subject to type approval or materials or chemicals, which is conducted by the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 24, 2023>

(6) Where a person who has obtained type approval under paragraphs (3) and (4) manufactures, produces, or imports equipment subject to type approval or materials or chemicals, he or she shall obtain survey for each article from the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. In such cases, any equipment subject to type approval or material or chemical granted survey shall be deemed to have passed an inspection first conducted, from among the marine pollution prevention survey. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 24, 2023>

(7) Any person who installs equipment subject to type approval, or provides and keeps materials or chemicals on a ship in a party to the convention shall obtain recognition from the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, articles so recognized shall be deemed to have obtained type approval, or to have undergone a performance test and ship equipment inspection under paragraphs (3) through (5). <Amended on Feb. 29, 2008; Jun. 1, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(8) Article 60 shall apply mutatis mutandis to any objection against verification for equipment subject to type approval, or for materials and chemicals provided for in paragraph (6). In such cases, "survey" and "resurvey" in Article 60 shall be construed as "inspection" and "re-inspection," respectively. <Amended on Jun. 1, 2012>

(9) Where a person who has obtained type approval under paragraphs (3) and (4) falls under any of the following, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may revoke such approval, or issue an order for business suspension of up to six months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That he or she shall revoke such approval if the person falls under subparagraph 1: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017; Oct. 24, 2023>

1. Where he or she has obtained type approval or approval of change by fraud or other improper means;

2. Where he or she has failed to undergo an inspection or has undergone an inspection by fraud or other improper means;

2-2. Where he or she has failed to obtain approval of change;

3. Where he or she has sold equipment subject to type approval or materials or chemicals, which fail to meet the required standards;

4. Where he or she has not conducted business for at least two consecutive years without good cause.

(10) Where type approval is revoked under paragraph (9), all passing of a performance test under paragraph (5) shall also be revoked. <Newly Inserted on Oct. 24, 2023>

(11) The Minister of Oceans and Fisheries may inspect the performance of type-approved equipment that has received type approval and inspection when deemed necessary for quality control equipment subject to type approval. <Newly Inserted on Oct. 24, 2023>

(12) The Minister of Oceans and Fisheries may order the manufacturer and importer to supplement or exchange the equipment subject to type approval that is recognized as having a significant defect as stipulated by Ordinance of the Ministry of Oceans and Fisheries as a result of the performance test pursuant to paragraph (11), and may cancel the passing of the type approval and performance test. <Newly Inserted on Oct. 24, 2023>

(13) When the Minister of Oceans and Fisheries orders a supplement or exchange pursuant to paragraph (12) or revokes a type approval, the Minister may publicly announce the fact on the website, etc. of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 24, 2023>

(14) The procedures and methods required for a performance test, supplementation and exchange, or revocation of type approval pursuant to paragraphs (11) through (13), and public announcement of such facts, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 24, 2023>

[Title Amended on Oct. 24, 2023]

Article 110-2(Certification of Performance) #

(1) Any person who intends to manufacture, produce, or import materials or chemicals to prevent or respond to pollutants, other than the materials and chemicals provided for in Article 110 (4) (hereinafter referred to as "materials or chemicals excluded from type approval"), may obtain certification of performance from the Commissioner of the Korea Coast Guard in accordance with the procedures and methods prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017>

(2) Any person who intends to obtain certification of performance under paragraph (1) shall in advance undergo a performance test conducted by the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, on the materials or chemicals excluded from type approval. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017>

(3) Where a person who has obtained certification of performance pursuant to paragraph (1) manufactures, produces, or imports the certified materials or chemicals excluded from type approval, he or she shall undergo ship equipment inspection from the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017>

(4) Where a person who has obtained certification of performance pursuant to paragraph (1) falls under any of the following cases, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may revoke the relevant certification of performance, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 24, 2016; Jul. 26, 2017>

1. Where he or she has obtained such certification of performance by fraud or other improper means;

2. Where he or she has obtained the relevant ship equipment inspection by fraud or other improper means;

3. Where he or she has not conducted business for at least two consecutive years without good cause.

[This Article Newly Inserted on Jun. 15, 2011]

Article 112(Acting as Agent in Performing Duties) #

(1) The Minister of Oceans and Fisheries may allow the Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act (hereinafter referred to as the “Korea Maritime Transportation Safety Authority”) or a classification society provided in Article 60 (2) of the Ship Safety Act (hereinafter referred to as "classification society") to act as agent in performing the following duties. In such cases, the Minister of Oceans and Fisheries shall conclude an agreement, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Dec. 18, 2012; Mar. 23, 2013; Dec. 27, 2016; Dec. 31, 2018; Mar. 24, 2020; Oct. 18, 2022>

1. Issuing approval for the rate of discharge under Article 22-2;

1-2. Issuing approval seals for a procedures and arrangements manual provided for in Article 27 (3);

1-3. Inspecting an electronic record book and issuing a written confirmation of compliance of the electronic record book under Article 30-2 (2) and (3);

1-4. Issuing approval seals for a ship-to-ship operations Plan under Article 32-2 (1);

1-5. Submitting the Energy Efficiency Design Index and the acceptable value thereof to the International Maritime Organization under Article 41-2 (3);

1-6. Inspecting a ship energy efficiency management plan and issuing a written confirmation of compliance of ship energy efficiency under Article 41-3 (2) and (3);

1-7. Verifying the ship fuel oil consumptions, etc. and issuing a statement of compliance under Article 41-4 (3);

1-8. Submitting the results of verification of the ship fuel oil consumptions, etc. to the International Maritime Organization under Article 41-4 (5);

2. Conducting inspections of vapor emissions control systems provided for in Article 47 (3);

2-2. Issuing approval seals for volatile organic compounds management plans under Article 47-2 (1);

3. Conducting marine pollution prevention survey, preliminary survey, and energy efficiency survey: Provided, That the designation of an agent to inspect equipment for preventing the discharge of nitrous oxides from a diesel engine, from among air pollution prevention equipment shall be first consulted on with the Minister of Environment;

4. Issuing marine pollution prevention certificates provided for in Article 49 (2), temporary marine pollution prevention certificates provided for in Article 52 (2), anti-fouling system certificates provided for in Article 53 (2), certificate of articles for the ship use provided for in Article 54 (2), international energy efficiency certificates provided for in Article 54-2 (2), and convention certificate provided for in Article 55 (1);

5. Extending the validity of marine pollution prevention certificates and of convention certificates under Article 56 (2).

(2) The Commissioner of the Korea Coast Guard may allow the Korea Maritime Transportation Safety Authority or a classification society to act as agent in performing duties regarding the approval seal for shipboard marine pollution emergency plans. In such cases, the Commissioner of the Korea Coast Guard shall conclude an agreement, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 31, 2018>

(3) The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may allow an agent who meets the criteria for designation prescribed by Ordinance of the Ministry of Oceans and Fisheries and who is determined and publicly notified by the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard to act as agent in performing duties regarding the type approval, performance tests, ship equipment inspection, and recognition provided for in Article 110 (4) through (7), and performance tests provided for in Article 110-2 (2) and (3). <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 24, 2023>

(4) Matters regarding the requirements for designation, and guidance and supervision of agents provided for in paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

Article 115(Entrance for Inspection and Reporting) #

(1) The Minister of Oceans and Fisheries may, as prescribed by Presidential Decree, allow a public official of the Ministry to enter a ship to verify and inspect the related documents, facilities, devices, and fuel oil. <Amended on Dec. 29, 2009; Mar. 23, 2013>

(2) The Minister of Oceans and Fisheries or a Mayor/Do Governor (limited to cases of reporting under Article 33) may, as prescribed by Presidential Decree, allow a public official of the Ministry to request necessary materials or a report from any of the following persons and to enter the facilities (including business places and offices; hereafter in this Article the same shall apply) for verification and inspection or to survey the related documents, facilities, or equipment: <Amended on Oct. 31, 2017; Feb. 18, 2020>

1. The owner of a marine facility (excluding the duties prescribed in Articles 34 through 36, 66, and 67);

2. A ship fuel oil supplier;

3. The owner of a marine facility which has installed the vapour emission control system under Article 47 (2);

4. Deleted; <Dec. 3, 2019>

5. Deleted; <Dec. 3, 2019>

6. A person who has obtained type approval under Article 110 (3).

(3) The Commissioner of the Korea Coast Guard may, as prescribed by Presidential Decree, allow a public official of the Ministry (applicable only to public officials designated as marine environmental guards under Article 116; hereafter in this Article the same shall apply) to request necessary materials or a report from any of the following persons, and to enter the facilities for verification and inspection or to inspect the related documents, facilities, or equipment: <Amended on Oct. 31, 2017>

1. The owner of a marine facility (applicable only to the duties provided for in Articles 34 through 36, 66, and 67);

2. A person who engages in the marine pollution response business or oil hold cleaning business under in Article 70 (1) 2 or 3.

(4) Notwithstanding paragraph (1), where an emergency prescribed by Presidential Decree occurs on board a ship in connection with marine pollution, the Commissioner of the Korea Coast Guard may allow a public official under his or her jurisdiction to enter the ship for verification or inspection or to inspect the related documents, facilities, or equipment. <Amended on Dec. 29, 2009; Nov. 19, 2014; Jul. 26, 2017>

(5) Any public official who makes an entrance for inspection, etc. under paragraphs (1) through (4) shall carry identification indicating his or her authority and present it to relevant persons, and shall inform them of the purpose of entrance, his or her name, etc. in detail. <Amended on Dec. 29, 2009>

(6) No relevant person, such as a ship owner, shall refuse, obstruct, or evade the entrance for inspection, request for materials, reports, etc. by public officials under paragraphs (1) through (4) without good cause. <Amended on Dec. 29, 2009>

(7) With respect to the entrance for inspection, and reports, the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may build and use computer networks to deal with affairs, including guidance and inspections, advance notice of inspections, and notification of the inspection results, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

Article 122(Fees) #

(1) Any person who intends to obtain or receive type approval, certification, approval seal, approval (limited to the approval for the rate of discharge referred to in Article 22-2), inspection, performance test, ship equipment inspection, recognition, verification (limited to the verification of the ship fuel oil consumptions, etc. referred to in Article 41-4 (3)), designation (limited to the designation of company or organization referred to in Article 42 (3)), and certification of performance under this Act shall pay required fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017; Mar. 24, 2020; Oct. 24, 2023>

(2) Where an installer or operator of a pollutant storage facility under Article 38 collects and disposes of pollutants, he or she may require a person who generated pollutants to bear expenses incurred in collecting and disposing of the pollutants, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Apr. 13, 2021>

(3) The Corporation may collect fees for keeping the materials and chemicals, pollution response efforts, or placement and installation of pollution response ships, etc. as prescribed by the articles of association to conduct its projects under Article 97. <Amended on Apr. 13, 2021>

(4) Any agent designated under Article 112 who performs type approval, approval seal, approval (limited to the approval of the rate of discharge referred to in Article 22-2), inspection, performance test, ship equipment inspection, recognition, and verification (limited to the verification of the ship fuel oil consumptions, etc. referred to in Article 41-4 (3)) may collect fees. In such cases, prior approval shall be obtained from the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard. <Amended on Feb. 29, 2008; Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017; Mar. 24, 2020; Apr. 13, 2021; Oct. 24, 2023>

Article 128(Penalty Provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Jun. 15, 2011; Jun. 1, 2012; Dec. 27, 2016; Oct. 24, 2023>

1. A person who discharges garbage from ships or marine facilities by negligence in violation of Article 22 (1) and (2);

2. A person who navigates a ship without installing a garbage pollution prevention equipment pursuant to Article 25 (1);

3. A person who navigates a ship without installing an oil pollution prevention equipment under Article 26 (1);

4. A person who navigates a ship without installing a hull structure, etc. under Article 26 (2);

5. A person who navigates a ship without installing a noxious liquid pollution prevention equipment under Article 27 (1);

6. A person who installs a cargo hold on a ship in violation of Article 27 (2);

6-2. A person who operates a facility after receiving an order to close the facility under Article 38-3 or who operates a facility during the period of suspension of operation after receiving an order to suspend the operation of the facility;

7. A person who uses harmful anti-fouling paints or harmful anti-fouling systems in violation of Article 40 (1) and (2), or fails to use or install anti-fouling paints or anti-fouling systems in compliance with legitimate criteria and methods;

8. A person who fails to place or install pollution response ships, etc. in violation of Article 67 (1);

9. A person who violates an order to prohibit ships from entering into and departing from a port or an order to suspend the use of facilities under Article 67 (3);

10. A person who conducts a marine environment management business without making registration under Article 70 (1);

11. A person who conducts business activities after his or her registration has been revoked, or during the period of business suspension after receiving a business suspension order, pursuant to Article 75;

12. A person who fails to conduct a marine pollution impact survey provided for in Article 77 (1);

13. A person who conducts business activities after the designation thereof has been revoked, or during the period of business suspension after receiving a business suspension order, pursuant to Article 82 (1) and Article 89 (1);

14. A person who falsely prepares a sea area utilization consultation form provided for in Article 84 (4) or a statement on sea area utilization impact assessment provided for in Article 85 (2);

15. A person who acts as an agent in preparing a sea area utilization consultation form, etc. without making registration as an assessment agent under the former part of Article 86 (1);

16. A person who falsely states the results of a marine environmental impact survey under Article 95 (1);

16-2. A person who sells equipment subject to type approval exempt from type approval pursuant to the proviso of Article 110 (3), or materials or chemicals used for response against or prevention of pollutants pursuant to the proviso of Article 110 (4);

17. A person who conducts business activities after the type approval or ship equipment inspection has been revoked, or during the period of business suspension after receiving a business suspension order, pursuant to Article 110 (9);

17-2. A person who sells materials or chemicals excluded from type approval, which he or she has manufactured, produced or imported, carrying an indication of certification of performance, despite the fact that he or she has not obtained any certification of performance for such materials or chemicals excluded from type approval pursuant to Article 110-2 (1) or that certification of performance has been revoked;

18. A person who refuses, obstructs or evades the stopping, search and seizure of ships, the prohibition of ships from entering into or departing from a port, or other necessary orders or measures under Article 117.

Article 129(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for up to one year, or by a fine of up to 10 million won: <Amended on Dec. 29, 2009; Jun. 15, 2011; Jan. 8, 2019; Mar. 24, 2020>

1. A person who installs a facility in a specially-managed sea area or exceeds the limit on the total quantity of discharged pollutants, in violation of Article 15-2 (2);

2. Deleted; <Dec. 3, 2019>

3. A person who operates a ship for navigation without installing an air pollution prevention equipment under Article 41 (1);

4. A person who discharges ozone depleting substances, in violation of Article 42 (1);

5. A person who operates a diesel engine in excess of the permissible emission limit of nitrous oxides, in violation of Article 43 (1);

6. A person who uses fuel oil which exceeds the sulfur content standards, in violation of Article 44 (1);

6-2. A person who loads a ship with fuel oil which exceeds the sulfur content standards, in violation of Article 44 (2);

7. A person who supplies fuel oil which falls short of the quality standards or exceeds the sulfur content standards, in violation of Article 45 (1);

8. A person who fails to install or operate a vapour emission control system, in violation of Article 47 (2);

9. A person who installs a vapour emission control system without undergoing an inspection, in violation of Article 47 (3);

10. A person falling under Article 63 (1) 1 or 2 who fails to file a report or files a false report;

11. A person who conducts construction before the completion of the consultation or re-consultation procedures under Articles 84 and 85;

12. A person who reproduces the contents of other sea area utilization consultation forms, etc. or fails to retain sea area utilization consultation forms, etc. for a period prescribed by statutes or regulations, or prepares false sea area utilization consultation forms, etc., in violation of subparagraphs 1 through 3 of Article 88;

13. A person who divulges or misappropriates confidential information, in violation of Article 118 (1).

(2) Any of the following persons shall be punished by imprisonment with labor for up to one year, or by a fine of up to five million won: <Amended on Dec. 21, 2007; Dec. 29, 2009; Jun. 15, 2011; Dec. 18, 2012; Dec. 27, 2016; Oct. 24, 2023>

1. Deleted; <Dec. 3, 2019>

2. A person who installs, or maintains and operates a garbage pollution prevention equipment, in violation of the criteria under Article 25 (2);

3. A person who installs, or maintains and operates an oil pollution prevention equipment, in violation of Article 26 (3);

4. A person who installs, or maintains and operates a noxious liquid substance pollution prevention equipment, in violation of Article 27 (4);

5. A person who loads a ship's ballast water or oil, in violation of Article 28;

6. A person who transports harmful substances in packaged form, in violation of Article 29;

7. A person who let pollutants collected and disposed of in a ship or marine facility, in violation of Article 37;

8. A person who operates a ship for navigation without undergoing a marine pollution prevention survey under Articles 49 through 53;

8-2. A person who uses, for navigation, a ship which has failed to undergo an energy efficiency survey, in violation of Article 54-2;

9. A person who fails to comply with any order or disposition issued under Article 58 or 59;

9-2. A person who fails to obtain type approval, ship equipment inspection, or recognition under Article 110 (4), (6), or (7), or uses materials or chemicals without undergoing a ship equipment inspection pursuant to Article 110-2 (3) for pollution response measures, in violation of Article 64 (6);

10. A person who fails to stock and keep materials and chemicals in storage facilities, ships, or marine facilities, in violation of Article 66 (1);

11. A person who violates an order for disposal under Article 73;

12. Deleted; <Oct. 24, 2023>

13. A person who manufactures, produces, or imports without obtaining or undergoing type approval, approval of change, a performance test, ship equipment inspection, or recognition under Article 110 (3) through (7);

13-2. A person who obtains type approval, approval of change, a performance test, ship equipment inspection, or recognition by fraud or other improper means, in violation of Article 110 (3) through (7);

13-3. Any person who violates an order issued under Article 110 (12) without good cause;

14. A person who dismantles a ship without filing a report under Article 111 (1);

15. A person who refuses, obstructs, or evades the entrance for inspection, request for reporting, etc. without good cause, in violation of Article 115 (6);

16. A person who divulges or misappropriates confidential information he or she has become aware of in the course of performing his or her duties, in violation of Article 118 (2) and (3).

Article 132(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Oct. 31, 2017>

1. A person who falsely states the results of a marine pollution impact survey under Article 77 (1);

2. Deleted. <Jun. 15, 2011>

(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jun. 15, 2011; Mar. 24, 2014; Oct. 31, 2017; Mar. 24, 2020>

1. A person who discharges pollutants prescribed by Presidential Decree from marine space, in violation of Article 22 (2);

2. A person who fails to report on marine facilities or report on changes thereof, in violation of Article 33 (1);

2-2. A person who fails to conduct a safety inspection under Article 36-2 (1);

2-3. A person who fails to file a report under Article 36-2 (2) or files a false report;

2-4. A person who fails to retain the results of a safety inspection under Article 36-2 (3);

3. A person who installs equipment containing ozone depleting substances on a ship, in violation of Article 42 (2);

4. A person who fails to provide a copy of the bunker delivery note and a fuel oil sample, or falsely provides a copy of the bunker delivery note and a fuel oil sample, in violation of Article 45 (2);

5. A person who fails to cooperate in pollution response measures, in violation of Article 64 (2);

6. A person who fails to register a change under Article 70 (3);

7. Deleted; <Dec. 3, 2019>

8. A person who fails to report on succession to the rights and duties of a marine environmental management business entity, in violation of Article 74 (3) or falsely files such report;

9. Deleted; <Dec. 3, 2019>

10. A person who fails to comply with any of the obligations to be observed under subparagraphs 4 and 5 of Article 88;

11. A person who fails to conduct a marine environmental impact survey under Article 95 (1), or fails to give notice of its results or gives a false notice thereof;

12. A person who fails to take necessary measures under Article 95 (2).

(3) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

1. A person who maintains and operates air pollution prevention equipment not in compliance with the criteria, in violation of Article 41 (2);

2. A person who transfers an installation containing ozone depleting substances to persons, other than companies or organizations designated and publicly notified by the Minister of Oceans and Fisheries, in violation of Article 42 (3);

3. A person who burns substances on a ship, the shipboard incineration of which is prohibited, in violation of Article 46 (1);

4. A person who installs, or maintains and operates an incinerator, in violation of Article 46 (2) or (4);

5. A person who burns substances, using a main or auxiliary engine or boiler in sea areas on which incineration is prohibited, in violation of Article 46 (3).

(4) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Dec. 29, 2009; Jun. 15, 2011; Dec. 27, 2016; Oct. 31, 2017; Mar. 24, 2020; Oct. 18, 2022>

1. A person who fails to obtain approval for the rate of discharge, in violation of Article 22-2 (1) or who discharges garbage, in violation of the approved rate of discharge;

1-2. A person who fails to record the place where garbage is discharged and the amount of garbage discharged, etc. in the engine logbook of the ship, in violation of Article 22-2 (2);

1-3. A person who fails to keep a container for storing waste oil under Article 26 (1);

2. A person who fails to provide the procedures and arrangements manual which bears an approval seal under Article 27 (3);

3. A person who fails to keep pollutants record books under Articles 30 and 34, fails to make entries therein or retain such record books, or makes false entries therein;

3-2. A person who fails to keep a written confirmation of compliance of electronic record book, in violation of Article 30-2 (4);

4. A person who fails to keep a shipboard marine pollution emergency plan or marine facility pollution emergency plan which bears an approval seal under Article 31 or 35, or who fails to implement measures, etc. in the shipboard marine pollution emergency plan or marine facility pollution emergency plan;

5. A person who fails to appoint a marine pollution prevention manager under Article 32 (1) or 36 (1);

6. A person who fails to keep a document verifying the appointment of a marine pollution prevention manager under Article 32 (2);

6-2. A person who fails to appoint a substitute for a marine pollution prevention manager under Article 32 (3) or 36 (3);

6-3. A person who fails to have the operation of transferring or discharging pollutants, etc. directed or supervised under Article 32 (4) or 36 (4);

6-4. A person who fails to keep or observe a ship-to-ship operations Plan, which bears an approval seal referred to in Article 32-2 (1);

6-5. A person who fails to make records on ship-to-ship operation referred to in Article 32-2 (2), or makes false records, or fails to retain records thereon;

6-6. A person who fails to report an operation plan under Article 32-2 (3) or falsely reports it;

6-7. A person who fails to report the appointment of a marine pollution prevention manager, in violation of Article 36 (2);

6-8. A person who fails to keep a ship energy efficiency management plan or the written confirmation of compliance of ship energy efficiency within a ship, in violation of Article 41-3 (1) or (4);

6-9. A person who fails to report the fuel oil consumptions, etc. or falsely reports it, in violation of Article 41-4 (1) or (2);

6-10. A person who fails to keep a statement of compliance regarding fuel oil consumptions, etc. in a ship for at least five years, in violation of Article 41-4 (4);

6-11. A person who fails to prepare, or falsely prepares, or fails to manage a list of facilities containing ozone depleting substances referred to in Article 42 (4);

6-12. A person who fails to prepare, or falsely prepares, or fails to keep, an ozone depleting substance record book referred to in Article 42 (5);

6-13. A person who fails to make entries into an engine logbook, in violation of Article 43 (4);

7. A person who fails to make entries into an engine logbook, in violation of Article 44 (3);

8. A person who fails to retain an engine logbook for one year, in violation of Article 44 (4);

8-2. A person who fails to keep a fuel oil change-over procedure referred to in Article 44 (5);

9. A person who fails to retain bunker delivery notes or copies thereof for three years, in violation of Article 45 (3);

10. A person who fails to retain a fuel oil sample, in violation of Article 45 (4);

11. A person who fails to retain records on the operation of a vapour emission control system for three years, in violation of Article 47 (4);

11-2. A person who fails to keep or observe a volatile organic compounds management plan, which bears an approval steal referred to in Article 47-2 (1);

12. A person who fails to keep marine pollution prevention survey certificates, etc. in ships, in violation of Article 57 (4);

13. A person who fails to prepare and submit a statement of disposal results or fails to prepare and keep a ledger of disposal, in violation of Article 72 (1);

14. A person who fails to prepare a certificate of pollutants collection confirmation, in violation of Article 72 (2), or falsely prepares the pollutants collection confirmation certificate;

15. Deleted; <Dec. 3, 2019>

15-2. A person who intentionally delays pollutants response duties or obstructs pollution response measures of persons, etc. responsible for pollution response, in violation of Article 72 (4);

16. Deleted; <Dec. 3, 2019>

17. Deleted; <Dec. 3, 2019>

17-2. A person who fails to report on succession to rights and obligations, in violation of the latter part of Article 76 (5);

18. A person who fails to comply with a corrective order under Article 111 (2);

19. Deleted. <Mar. 24, 2020>

MARINE ENVIRONMENT MANAGEMENT ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of Application) #

Article 4(Relationship to International Conventions) #

Article 5 #

Article 6 #

Article 7 #

Article 8 #

Article 9(Marine Environmental Measuring Network) #

Article 10(Korean Standard Method of Examination for Marine Environment) #

Article 11(Marine Environmental Information Networks) #

Article 12(Accuracy Control for Marine Environmental Measuring and Analyzing Institutions) #

Article 12-2(Criteria for Accuracy Control) #

Article 12-3(Accuracy Control Plans) #

Article 13(Certification of Measuring and Analyzing Capabilities) #

Article 14 #

Article 15(Designation and Management of Environmental Management Sea Areas) #

Article 15-2(Restriction on Activities in Environmental Management Sea Areas) #

Article 16(Formulation of Master Plans for Environmental Management Sea Areas) #

Article 17(Submission of Master Plans for Environmental Management Sea Areas to National Assembly) #

Article 18(Marine Environmental Improvement Measures) #

Article 19(Marine Environmental Improvement Charges) #

Article 20(Compulsory Collection of Charges and Surcharges) #

Article 21(Use of Charges) #

Article 22(Prohibition of Discharge of Pollutants) #

Article 22-2(Rate of Garbage Discharge) #

Article 23 #

Article 24(Marine Pollution Prevention Activities) #

Article 25(Installation of Garbage Pollution Prevention Equipment) #

Article 26(Installation of Oil Pollution Prevention Equipment) #

Article 27(Installation of Noxious Liquid Substance Pollution Prevention Equipment) #

Article 28(Restriction on Loading Ships' Ballast Water and Oil) #

Article 29(Transportation of Harmful Substances in Packaged Form) #

Article 30(Management of Ship Pollutant Record Books) #

Article 30-2(Management of Electronic Record Book) #

Article 31(Management of Shipboard Marine Pollution Emergency Plan) #

Article 32(Marine Pollution Prevention Managers in Ships) #

Article 32-2(Management of Transfer of Oil Cargo between Oil Tankers at Sea) #

Article 33(Reporting on Marine Facilities and Reporting on Changes Thereof) #

Article 34(Management of Marine Facility Pollutant Record Book) #

Article 35(Management of Marine Facility Pollution Emergency Plan) #

Article 36(Marine Pollution Prevention Manager in Marine Facility) #

Article 36-2(Safety Inspections of Marine Facilities) #

Article 37(Collection and Disposal of Pollutants in Ships and Marine Facilities) #

Article 38(Pollutant Storage Facilities) #

Article 38-2(Operation of Pollutant storage facility) #

Article 38-3(Orders to Improve Facilities) #

Article 39(Examination of Residual Pollutants) #

Article 40(Prohibition on Use of Harmful Anti-Fouling Paints) #

Article 41(Installation of Equipment to Prevent Discharge of Air Pollutants) #

Article 41-2(Calculation of Energy Efficiency Design Index) #

Article 41-3(Keeping Ship Energy Efficiency Management Plans) #

Article 41-4(Reporting of Ship Fuel Oil Consumption) #

Article 41-5(Calculation of Energy Efficiency Existing Ship Index) #

Article 41-6(Calculation of Carbon Intensity Indicator) #

Article 42(Regulation for Emission of Ozone Depleting Substances) #

Article 43(Regulation of Emission of Nitrogen Oxides) #

Article 44(Sulphur Content Standards for Fuel Oil) #

Article 44-2(Prohibition of Loading Noncompliant Fuel Oil) #

Article 45(Supply and Confirmation of Fuel Oil) #

Article 46(Prohibition on Shipboard Incineration) #

Article 47(Emission Control for Volatile Organic Compounds) #

Article 47-2(Management of Volatile Organic Compounds) #

Article 48(Application Exceptions) #

Article 49(Renewal Survey) #

Article 50(Intermediate Survey) #

Article 51(Occasional survey) #

Article 52(Temporary Navigation Survey) #

Article 53(Anti-Fouling System Survey) #

Article 54(Preliminary Survey of Air Pollution Prevention Equipment) #

Article 54-2(Energy Efficiency Survey) #

Article 55(Issuance of Convention Certificates) #

Article 56(Validity of Marine Pollution Prevention Certificates) #

Article 57(Navigation of Ships to Which Marine Pollution Prevention Certificate Is Not Issued) #

Article 58(Measures against Noncompliant Ships) #

Article 59(Port State Control for Marine Pollution Prevention) #

Article 60(Resurvey) #

Article 61(Formulation and Implementation of National Emergency Pollution Response Plan) #

Article 62(Establishment of Pollution Response Headquarters) #

Article 65(Measures to Be Taken against Possible　Discharge of Pollutants) #