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ACT ON THE DEVELOPMENT AND MANAGEMENT OF MARINAS — 법갈피

영문법령 / ACT ON THE DEVELOPMENT AND MANAGEMENT OF MARINAS

ACT ON THE DEVELOPMENT AND MANAGEMENT OF MARINAS

법률일부개정시행 2024-01-02해양수산부,해양수산부 · 제19906호 · 공포 2024-01-02

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to provide for matters concerning the development and use of marinas and facilities related thereto and fosterage of marina-related industries in order to facilitate proliferation and promotion of marine sports and contribute to improvement of the quality of life of the people.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jan. 6, 2015; Feb. 3, 2015; Dec. 27, 2016; Feb. 18, 2020>

1. The term "marina" means any place determined and publicly notified as a marina zone pursuant to Article 10, in which facilities for the entry/departure and berthing of marina ships, embarkation and disembarkation of passengers, etc. and service facilities for the convenience of the users of such facilities, are provided;

2. The term "marina facilities" means the infrastructure and manufacturing facilities for the entry/departure and berthing of marina ships, embarkation and disembarkation of passengers, etc., such as anchoring facilities or moorings for marina ships, as well as service facilities and residential facilities (referring to residential facilities in marina zones excluding river zones to which the River Act applies or applies mutatis mutandis) for the convenience of the users of such infrastructure and manufacturing facilities, which are prescribed by Presidential Decree;

3. The term "marina ship" means ships (including boats and yachts) supplied and used for cruising, sports or recreation, which are prescribed by Presidential Decree;

4. The term "marina industry complex" means national industrial complexes, general industrial complexes, urban high-tech industrial complexes, and agro-industrial complexes under the Industrial Sites and Development Act, which are developed to efficiently promote relevant industries by developing and manufacturing marina-related products including research and development of industries and technologies related to marina facilities, marina ships, etc., fostering professional human resources, etc.;

5. The term "marina business" means a business renting or maintaining marina ships, providing facilities necessary for berthing and mooring marina ships, or providing users of marina ships, etc. with goods or services.

Article 8(Formulation, etc. of Business Plans) #

(1) The Minister of Oceans and Fisheries may, when he/she intends to implement a marina development project (hereinafter referred to as "development project"), formulate a business plan for the formation, development, etc. of the marina (hereinafter referred to as "business plan") directly or by inviting applications within the scope in compliance with the master plan. In such cases, he/she shall undergo consultations with the heads of relevant administrative agencies of the central government and Mayors/Do Governors, and when he/she consults with the heads of relevant administrative agencies of the central government, he/she shall prepare an assessment report and undergo consultation pursuant to Article 16 of the Environmental Impact Assessment Act. <Amended on Jul. 21, 2011; Mar. 23, 2013>

(2) The following matters shall be included in business plans: <Amended on Mar. 23, 2013>

1. Name of development project;

2. Development project area and the size thereof;

3. Plan for landscaping, environment preservation and disaster prevention;

4. Land use planning, transportation plan and green space planning;

5. A term of development project;

6. Financing plan;

7. Plan for the management and operation of marinas;

8. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(3) A local government or a person that falls under any of subparagraphs 2 and 4 through 7 of Article 9 (1) may propose a business plan to the Minister of Oceans and Fisheries, which is prepared including the matters in each subparagraph of paragraph (2) within the scope in compliance with the master plan. <Amended on Mar. 23, 2013; Jul. 20, 2015>

(4) When the Minister of Oceans and Fisheries receives a business plan proposal pursuant to paragraph (3), he/she may, if the business plan proposal satisfies conditions prescribed by Presidential Decree, such as compliance with a master plan and feasibility of financing plan, approve the business plan proposal pursuant to paragraph (5). In such cases, he/she shall undergo the consultation procedure under the latter part of paragraph (1). <Amended on Mar. 23, 2013>

(5) Matters necessary for the preparation of, invitation of public participation, proposal of and approval procedure of business plans, etc. under paragraphs (1), (3), and (4) shall be prescribed by Presidential Decree.

(6) When the Minister of Oceans and Fisheries formulates or approves a business plan, he/she shall publicly notify such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall apply to any amendments to business plans formulated or approved. <Amended on Mar. 23, 2013>

Article 9(Designation, etc. of Project Implementers) #

(1) The Minister of Oceans and Fisheries shall designate development project implementers (hereinafter referred to as a "project implementer") from among any of the following persons: <Amended on Mar. 23, 2013; Jul. 20, 2015>

1. The State or local governments;

2. Port authorities under the Port Authority Act;

3. Deleted; <May 18, 2011>

4. Public institutions under the Act on the Management of Public Institutions, as prescribed by Presidential Decree;

5. Local public enterprises under the Local Public Enterprises Act;

6. Private investors meeting the qualifications prescribed by Presidential Decree, such as capital;

7. Corporations meeting such standards including capital requirements as prescribed by Presidential Decree, which are established by persons falling under any of subparagraphs 1, 2, and 4 through 6, by wholly or partially investing funds for the purpose of implementing development projects.

(2) Any person who have obtained approval pursuant to Article 8 (4) shall be deemed to have been designated as a project implementer.

(3) The Minister of Oceans and Fisheries may, when a project implementer falls under any of the following subparagraphs, replace the project implementer or cancel the designation thereof: <Amended on Mar. 23, 2013; Feb. 18, 2020>

1. Where the project implementer fails to apply for approval for an implementation plan under paragraph (1) of Article 13 during the period starting from the date on which he/she is designated as a project implementer pursuant to paragraph (1) through the deadline for application for approval under paragraph (5) of the same Article;

2. Where the project implementer fails to commence the relevant development project within one year after obtaining approval for an implementation plan under Article 13 (1);

3. Where approval for an implementation plan under Article 13 (1) is canceled;

4. Where achieving the objectives of a development project is deemed difficult by reasons of any natural disaster, project implementer's bankruptcy or other causes prescribed by Presidential Decree (limited to cases where the continuation of projects is recognized to be impossible through deliberation by the Council).

(4) When the Minister of Oceans and Fisheries designates, replaces, or cancels project implementers pursuant to paragraphs (1) and (2) or paragraph (3), he/she shall publicly notify such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

Article 12(Restrictions on Acts, etc.) #

(1) Any person that intends to conduct an act prescribed by Presidential Decree within an area designated and publicly notified as a marina zone pursuant to Article 10, such as construction of buildings, installation of artificial structures, change of form and quality of land, extraction of earth and rock, division of land, the act of heaping things, and capture and farming of aquatic animals and plans, etc. shall obtain the permission from the Minister of Oceans and Fisheries (limited to acts conducted in public waters managed by the Minister of Oceans and Fisheries under the Public Waters Management and Reclamation Act; hereafter the same shall apply in this Article), or the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of a competent Si/Gun/Gu. The same shall apply to cases of changing permitted matters. <Amended on Apr. 15, 2010; Mar. 23, 2013; Jul. 20, 2015; Feb. 18, 2020>

(2) Notwithstanding paragraph (1), an act may be conducted without permission to take emergency measures as necessary to restore or control disaster.

(3) With respect to any act subject to permission pursuant to paragraph (1) and has been permitted, authorized or approved under relevant statutes and regulations at the time the relevant marina zone is designated and publicly notified pursuant to Article 10 or any act that requires no permission, authorization, approval, etc. any person that has commenced such work or project may continue to perform such work or project after reporting such fact to the Minister of Oceans and Fisheries, or the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of a competent Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 20, 2015; Feb. 18, 2020>

(4) The Minister of Oceans and Fisheries, or the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of a competent Gun/Gu may issue an order for reinstatement to any person who violates paragraph (1). In such cases, when the person who receives such order fails to perform the duty, the Minister of Oceans and Fisheries, or the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of a competent Si/Gun/Gu may execute the duty vicariously under the Administrative Vicarious Execution Act. <Amended on Mar. 23, 2013; Jul. 20, 2015>

(5) Except as provided in this Act, the provisions of Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to permission under paragraph (1).

(6) Where permission is obtained pursuant to paragraph (1), permission under Article 56 of the National Land Planning and Utilization Act shall be deemed to have been obtained.

Article 13(Formulation of, Approval for, etc. Implementation Plans) #

(1) Where a project implementer intends to perform a development project, he/she shall prepare an implementation plan for the development plan (hereinafter referred to as "implementation plan") as prescribed by Presidential Decree and obtain the approval of the Minister of Oceans and Fisheries therefor. The same shall apply to cases of changing approved matters: Provided, That the same shall not apply to changes of minor matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

(2) An implementation plan shall reflect the contents of the relevant business plan and the matters in each of the following subparagraphs shall be included therein:

1. The area covered by the implementation plan and the size thereof;

2. Plan of securing and using land and public waters for performing projects;

3. Financing plan and annual investment plan;

4. Plan for environment preservation and disaster prevention;

5. Other matters prescribed by Presidential Decree.

(3) The Minister of Oceans and Fisheries shall, when he/she intends to approve an implementation plan, listen to the opinions of the competent Mayors/Do Governors and the heads of the competent Sis/Guns/Gus as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

(4) When the Minister of Oceans and Fisheries approves an implementation plan, he/she shall publicly notify it in an official gazette as prescribed by Presidential Decree and send the copies of relevant documents to the competent Mayors/Do Governors and the heads of the competent Sis/Guns/Gus. In such cases, the Mayors/Do Governors and the heads of Sis/Guns/Gus to whom the copies of relevant documents are sent shall allow public inspections of the copies of relevant documents to the general public for not less than 14 days. <Amended on Mar. 23, 2013>

(5) The application for approval under paragraph (1) shall be made within two years from the date on which a project implementer is designated pursuant to Article 9: Provided, That such term may be extended only once within the scope of one year if any cause prescribed by Presidential Decree exists. <Amended on Feb. 18, 2020>

Article 14(Access, etc. to other Person's Land) #

(1) Any project implementer may, when necessary to carry out examinations and land surveying for the preparation of implementation plans, etc. or for the performance of development projects, enter land owned or occupied by other person, or temporarily use land owned or occupied by other persons as a material storage or a temporary passage or temporary road, and may, when particularly necessary, change or remove trees, earth, rocks or other obstacles in such land. In such cases, no land owner or occupier shall interfere with or refuse it without any justifiable reason.

(2) Any person that intends to enter other persons' land and any person that intends to temporarily use other persons' land or change or remove obstacles pursuant to paragraph (1) shall notify the relevant land owner or occupier of the personal information of persons to enter and temporarily use the land, time of entrance, purpose of entrance, etc. in writing prior to seven days and obtain the consent of the relevant land owner or occupier thereto: Provided, That where obtaining such consent is impossible by reason of the absence, unknown address, etc. of the relevant land owner or occupier, he/she shall enter the relevant land, obtaining the permission of the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of a competent Si/Gun/Gu. <Amended on Jul. 20, 2015>

(3) No person shall enter any housing site or other persons’ enclosed land without the permission of the relevant land owner or occupier before sunrise or after sunset.

(4) Any person that intends to enter other person’s land pursuant to paragraph (1) shall carry along a certificate indicating his/her authority and produce it to relevant persons.

(5) Any project implementer may enter or temporarily use public waters in marina zones. In such cases, no person that holds a right to public waters under other statutes, such as the Fisheries Act and the Aquaculture Industry Development Act, shall obstruct or interfere with entrance to or temporary use of the relevant public waters by project implementers without any justifiable reason. <Amended on Aug. 27, 2019>

(6) Matters necessary for certificates under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

Article 16(Legal Fiction of Authorization, Permission, etc.) #

(1) Where approval of an implementation plan or approval of amendment thereto has been obtained pursuant to Article 13 (1), if the Minister of Oceans and Fisheries has a prior consultation on the following permission, authorization, determination, license, consent, approval, reporting, revocation, etc. (hereinafter referred to as "authorization, permission, etc.") regarding the implementation plan, with the heads of relevant administrative agencies granting authorization, permission, etc., the relevant authorization, permission, etc. shall be deemed obtained for the matters subject to the prior consultation; and where the implementation plan is publicly notified pursuant to Article 13 (4), authorization, permission, etc. under the following Acts shall be deemed publicly notified or publicly announced: <Amended on Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Mar. 23, 2013; Jan. 14, 2014; Jun. 3, 2014; Jul. 20, 2015; Jan. 19, 2016; Dec. 27, 2016; Feb. 8, 2017; Jan. 29, 2020; Feb. 18, 2020; Mar. 31, 2020; Nov. 30, 2021; May 16, 2023>

1. Building permission under Article 11 of the Building Act, building reports under Article 14 of the same Act, change of matters subject to permission and reporting under Article 16 of the same Act, permission for and reporting on temporary buildings under Article 20 of the same Act, and consultation on building under Article 29 of the same Act;

2. Determination (limited to cases in compliance with urban master plans) of urban/Gun management planning under Article 30 of the National Land Planning and Utilization Act, permission for dividing land and changing land form and quality under Article 56 of the same Act, designation of the implementers of urban/Gun planning facility projects under Article 86 of the same Act, and authorization of implementation plans of urban/Gun planning facility projects under Article 88 of the same Act;

3. Permission to extract aggregate under Article 22 of the Aggregate Extraction Act;

4. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval for and reporting on implementation plans under Article 17 of the same Act, reclamation licenses under Article 28 of the same Act, consultation or approval under Article 35 (1), and authorization and public notification of implementation plans for reclamation of public waters under Article 38 of the same Act;

5. Deleted; <Apr. 15, 2010>

6. Approval of business plans under Article 15 of the Tourism Promotion Act;

7. Permission to use agricultural production infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act, and approval of business plans for agricultural and fishing village tourism and resort complexes under Article 82 (2) of the same Act;

8. Permission for and consultation on diversion of farmland under Article 34 of the Farmland Act;

9. Consultation with and approval of a road management agency under Article 107 of the Road Act (limited to the designation and public notification of routes under Article 19 of the same Act, determination of road zones under Article 25 of the same Act, permission granted to persons, other than road management agencies, to conduct road works under Article 36 of the same Act, and permission to occupy and use roads under Article 61 of the same Act);

10. Authorization for project implementation plans under Article 50 of the Act on the Improvement of Urban Areas and Residential Environments and Article 29 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;

11. Permission to install private roads under Article 4 of the Private Road Act;

12. Permission to fell, extract earth and rock, etc. under Article 14 of the Erosion Control Work Act, and cancellation of designation of land for erosion control under Article 20 of the same Act;

13. Permission to divert mountainous districts under Article 14 of the Mountainous Districts Management Act, and reporting on the diversion of mountainous districts under Article 15 of the same Act, permission for and reporting on temporary use of mountainous districts under Article 15-2 of the same Act;

14. Consents to building permission, etc. under Article 6 (1) of the Act on Installation and Management of Firefighting Systems, reporting on fire-fighting systems installation works under Article 13 (1) of the Firefighting System Installation Business Act, and permission for installation of factories, etc. under Article 6 (1) of the Safety Control of Dangerous Substances Act;

15. Permission to conduct small river conservation works under Article 10 of the Small River Maintenance Act, and permission to occupy and use small rivers under Article 14 of the same Act;

16. Authorization for general waterworks business under Article 17 (1) of the Water Supply and Waterworks Installation Act, authorization for industrial waterworks business under Article 49 of the same Act, authorization for installation of private-use waterworks under Article 52 of the same Act, and private-use industrial waterworks under Articles 54 of the same Act;

17. Approval for the performance of works in protected waters under Article 47 (2) of the Fishery Resources Management Act;

18. Permission for re-burial of tombs under Article 27 of the Act on Funeral Services;

19. Authorization for or reporting on plans for works for electric installations for private-use under Article 8 of the Electrical Safety Management Act;

20. Approval of business plans under Article 15 of the Housing Act;

21. Reporting on commencement, change, or completion of works under Article 86 (1) of the Act on the Establishment and Management of Spatial Data;

22. Permission to change land form and quality, etc. under Article 21-2 of the Grassland Act, and permission for, reporting or consultation on diversion of grassland under Article 23 of the same Act;

23. Approval of housing site development plans under Article 8 of the Housing Site Development Promotion Act, and approval of implementation plans for housing site development projects under Article 9 of the same Act;

24. Approval for or reporting on installation of waste disposal facilities under Article 29 of the Wastes Control Act;

25. Authorization for installation of public sewerage (limited to excreta disposal facilities of public sewerage) under Article 11 of the Sewerage Act, permission for performance of public sewerage construction works under Article 16 of the same Act, and permission to occupy and use public sewerage under Article 24 of the same Act;

26. Consultation with or approval of management authorities under Article 6 of the River Act, permission for performance of river improvement works under Article 30 of the same Act, and permission for occupation, use, etc. of rivers, etc. under Article 33 of the same Act;

27. Formulation of and amendment to harbor master plans under Articles 5 and 7 of the Harbor Act, permission for plans for implementing harbor development projects under Article 9 (2) of the same Act, and approval of plans for implementing harbor development projects under Article 10 (2) of the same Act;

28. Approval for factory establishment, etc. referred to in Article 13 of the Industrial Cluster Development and Factory Establishment Act, permission for construction of a factory referred to in Article 14 of the same Act, approval for use of a factory building referred to in Article 14-2 of the same Act, approval for installation of manufacturing facilities referred to in Article 14-3 of the same Act, and approval for establishment of a knowledge industry center referred to in Article 28-2 of the same Act, etc.

(3) When the Minister of Oceans and Fisheries grants approval of an implementation plan or approval of an amendment thereto pursuant to Article 13 (1), he/she shall have a prior consultation with the heads of relevant administrative agencies if a matter referred to in any of the subparagraphs of paragraph (1) is involved therein. <Amended on Mar. 23, 2013; Feb. 18, 2020; May 16, 2023>

(3) Except as provided in paragraphs (1) and (2), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards, effects, etc. of the legal fiction of authorization, permission, etc. <Newly Inserted on May 16, 2023>

Article 26(Use, Use Fees, etc. of Marina Facilities) #

(1) Any person that intends to use marina facilities shall obtain the permission from the management and operation right holder as prescribed by Presidential Decree: Provided, That where the management and operation right holder is not the State or a local government, he/she may use the marina facility by signing a lease contract with the management and operation right holder or obtaining approval from him/her for use.

(2) Any management and operation right holder may, when he/she receives an application for the use of marina facilities, such as license or lease contracts under paragraph (1), grant permission for the use of the marina facilities, etc. within the scope that the development plans, management and operation of the marina facilities are not obstructed by use of such marina facilities.

(3) Any management and operation right holder may collect use fees from the users of marina facilities pursuant to paragraph (1): Provided, That part of use fees may be exempted for persons prescribed by Presidential Decree, such the State or local governments.

(4) Any management and operation right holder that is not the State or a local government shall report matters concerning the rate of use fees, method of collecting use fees, etc. under paragraph (3) to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(5) The Minister of Oceans and Fisheries may, when he/she recognizes that the rate of use fees and the method of collecting use fees under paragraph (4) are likely to prejudice the benefits of users, order the change of the rate of use fees and other matters necessary for the management and operation of marina facilities. <Amended on Mar. 23, 2013>

(6) The Minister of Oceans and Fisheries shall notify a reporting person of whether his/her report is accepted within 14 days from the date of receipt of such report under paragraph (4). <Newly Inserted on Feb. 18, 2020>

(7) If the Minister of Oceans and Fisheries fails to notify a reporting person of whether to accept his/her report or of the extension of the period of handling the report under the statutes or regulations related to handling civil petitions within the period prescribed in paragraph (6), the report shall be deemed accepted on the date following the end of such period (referring to the relevant extended or re-extended period where the handling period is extended or re-extended under the statutes or regulations related to handling civil petitions). <Newly Inserted on Feb. 18, 2020>

Article 28-2(Registration, etc. of Marina Business) #

(1) A person who intends to conduct any of the following marina businesses shall meet the requirements prescribed by Presidential Decree and file for registration with the relevant Mayor/Do Governor. The same shall also apply to the modification of important matters prescribed by Presidential Decree from among registered matters: <Amended on Dec. 27, 2016; Feb. 28, 2020; Oct. 31, 2023>

1. Marina ship rental business: Business renting marina ships of at least two tons (including navigation of a marina ship, at the request of a person who rents a marina ship);

2. Marina ship berthing and mooring business: Business providing facilities to berth ships on land or to moor ship at sea;

3. Marina ship maintenance business: Business providing maintenance services to marina ships.

(2) The term of validity of registration under paragraph (1) shall be three years from the date of registration, and a person who intends to continue operating his/her business shall renew the registration, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, before the term of validity of such registration expires.

(3) Methods and procedures for filing for registration under paragraph (1), procedures for renewal under paragraph (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(4) No person falling under any of the following subparagraphs may file for registration of marina business: <Newly Inserted on Dec. 27, 2016>

1. A minor, a person under adult guardianship or under limited guardianship;

2. A person for whom two years have not elapsed since his/her imprisonment with labor or greater punishment declared by a court due to violation of this Act was completely executed or exempted;

3. A person who is under suspension of the execution of his/her imprisonment with labor or greater punishment declared by a court due to violation of this Act;

4. A person for whom two years have not elapsed since his/her registration was revoked (excluding cases where registration has been revoked due to falling under Article 28-7 (1) 1) pursuant to Article 28-7.

[This Article Newly Inserted on Jan. 6, 2015]

Article 28-3(Succession to Marina Business, etc.) #

(1) Where a person who has filed for registration pursuant to Article 28-2 (1) (hereinafter referred to as "registered business entity") transfers his/her business or dies, or a corporation merges with another corporation, the transferee, heir, corporation surviving the merger, or corporation newly established in the course of the merger, shall succeed to the status of the registered business entity.

(2) A person who acquires all facilities and equipment (referring to major facilities and equipment prescribed by Presidential Decree) of a registered business, according to any of the following procedures shall succeed to the status of the former registered business entity: <Amended on Dec. 27, 2016>

1. Auction under the Civil Execution Act;

2. Conversion under the Debtor Rehabilitation and Bankruptcy Act;

3. Sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act;

4. Other procedures corresponding to subparagraphs 1 through 3.

(3) A person who succeeds to the status of a registered business entity pursuant to paragraph (1) or (2), shall report thereon to the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Oct. 31, 2023>

(4) A Mayor/Do Governor shall notify a reporting person of whether his/her report is accepted within 14 days from the date of receipt of such report under paragraph (3). <Newly Inserted on Feb. 18, 2020; Oct. 31, 2023>

(5) If a Mayor/Do Governor fails to notify a reporting person of whether to accept his/her report or of the extension of the period of handling the report pursuant to the statutes or regulations related to handling civil petitions within the period prescribed in paragraph (4), the report shall be deemed accepted on the date following the end of such period (referring to the relevant extended or re-extended period where the handling period is extended or re-extended under the statutes or regulations related to handling civil petitions). <Newly Inserted on Feb. 18, 2020; Oct. 31, 2023>

[This Article Newly Inserted on Jan. 6, 2015]

Article 28-12(Acquisition of Qualifications for Marina Ship Maintenance Technician) #

(1) A person who intends to become a marina ship maintenance technician shall complete education at a specialist training institution.

(2) The Minister of Oceans and Fisheries shall issue a marina ship maintenance technician's certificate to a person who completes education under paragraph (1) unless such person falls under the grounds for disqualification specified in the subparagraphs of paragraph (3) as of the date of issuance of a certificate. <Amended on Jan. 2, 2024>

(3) None of the following persons shall be qualified as a marina ship maintenance technician:

1. A minor;

2. A person under adult guardianship or limited guardianship;

3. A person for whom two years have not elapsed since his/her imprisonment without labor or heavier punishment declared by a court for violation of this Act, the Ship Safety Act, the Fishing Vessels Act, or the Water-Related Activities Safety Act was completely executed (including where such execution is deemed completed) or exempted.

(4) Matters necessary for the procedures for the issuance and re-issuance of a marina ship maintenance technician's certificate prescribed in paragraphs (1) and (2), and the management of such certificate shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(5) If a marina ship maintenance technician falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke his/her qualifications or issue an order to suspend his/her qualifications for a period not exceeding three years: Provided, That in cases falling under subparagraph 1, 2, or 4, his/her qualifications shall be revoked:

1. Where he/she acquires a marina ship maintenance technician's certificate by fraud or other improper means;

2. Where he/she becomes disqualified on any of the grounds prescribed in paragraph (3);

3. Where he/she borrows or lends a marina ship maintenance technician's certificate or assist such borrowing or lending;

4. Where he/she performs the maintenance of marina ships during the period of suspension of qualifications for a marina ship maintenance technician.

(6) Detailed standards for the revocation or suspension of qualifications for a marina ship maintenance technician under paragraph (5) shall be prescribed by Presidential Decree, in consideration of the type, degree, etc. of the relevant violation.

[This Article Newly Inserted on Feb. 18, 2020]

Article 41(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Feb. 18, 2020>

1. A person who fails to conduct safety check-ups on marina facilities, in violation of Article 24-2 (1);

2. A person who fails to record and manage matters concerning departure from and arrive at ports, in violation of Article 28-11 (1).

(2) Each of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended on Jan. 6, 2015; Dec. 27, 2016; Feb. 18, 2020>

1. A person who obstructs or interferes with access to, or temporary use of, the land of a project implementer, in violation of the latter part of paragraphs (1) and (5) of Article 14;

2. A person who enters land without permission of the landowner or occupier, in violation of Article 14 (3);

3. A person who enters land without a certificate of authority, in violation of Article 14 (4);

4. A person who operates a marina business without filing for registration of modification, in violation of Article 28-2 (1);

5. A person who fails to report the transfer, acquisition, or merger (applicable only to corporations) of marina business, in violation of Article 28-3 (3);

6. A person who fails to report the suspension, resumption, or closure of a business, in violation of Article 28-4;

7. A person who fails to report the terms of use, or to post usage fees, etc., in violation of Article 28-5 (1);

8. A person who requests money, other than fees, or engage in other act, in violation of Article 28-5 (2) 2 through 6;

9. A person who fails to subscribe to an insurance or mutual aid, in violation of Article 28-8;

10. A person who fails to require the submission of a boarding declaration, in violation of Article 28-11 (2);

11. A person who fails to refuse to allow a passenger to board a ship, in violation of Article 28-11 (4);

12. A person who fails to keep boarding declarations for three months, in violation of Article 28-11 (5).

(3) Administrative Fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Dec. 27, 2016; Oct. 31, 2023>

ACT ON THE DEVELOPMENT AND MANAGEMENT OF MARINAS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship to Other Statutes) #

Article 4(Establishment, etc. of Master Plan) #

Article 5(Alteration, etc. of Master Plan) #

Article 6(Public Notification of Master Plans) #

Article 7(Basic Survey) #

Article 8(Formulation, etc. of Business Plans) #

Article 9(Designation, etc. of Project Implementers) #

Article 10(Designation, etc. of Marina Zones) #

Article 11(Cancellation of Designation of Marina Zones) #

Article 12(Restrictions on Acts, etc.) #

Article 13(Formulation of, Approval for, etc. Implementation Plans) #

Article 13-2(Advance Payments) #

Article 14(Access, etc. to other Person's Land) #

Article 15(Compensation for Losses Caused by Access to Land, etc.) #

Article 16(Legal Fiction of Authorization, Permission, etc.) #

Article 17(Expropriation and Use of Land, etc.) #

Article 17-2(Special Cases Concerning Application of Public Waters Management and Reclamation Act) #

Article 17-3(Replotting for Land Owners) #

Article 18(Confirmation of Completion of Works) #

Article 19(Publication, etc. of Completion of Works) #

Article 20(Attribution of Marina Facilities) #

Article 21(Establishment, Nature, etc. of Facility Management Right) #

Article 22(Registration, etc. of Facilities Management Right) #

Article 23(Special Cases of Disposition of Facility Management Right) #

Article 24(Management Regulations) #

Article 24-2(Safety Check-ups on Marina Facility) #

Article 25(Cost-Sharing for Impairment, etc. of Marina Facilities) #

Article 26(Use, Use Fees, etc. of Marina Facilities) #

Article 27(Prohibited Acts) #

Article 28(Reinstatement, etc. to Original State) #

Article 28-2(Registration, etc. of Marina Business) #

Article 28-3(Succession to Marina Business, etc.) #

Article 28-4(Reporting on Suspension or Closure of Business) #

Article 28-5(Obligations of Registered Business Entities) #

Article 28-6(Corrective Orders) #

Article 28-7(Revocation of Registration, etc.) #

Article 28-8(Subscription to Insurance, etc.) #

Article 28-9(Sale in Lots and Recruitment of Members) #

Article 28-10(Designation, etc. of Institutions for Training Specialists in Marina Business) #

Article 28-11(Record, Management, etc. of Departures from and Arrivals at Ports) #

Article 28-12(Acquisition of Qualifications for Marina Ship Maintenance Technician) #

Article 29(Development of Marina Industry Complexes) #

Article 30(Lending, Use, etc. of National and Public Property) #

Article 31(Reduction and Exemption of Various Kinds of Charges, etc.) #

Article 32(Cost Support) #

Article 32-2(Unique Identifier Codes for Marina Shipbuilders) #

Article 32-3(Establishment of Korea Marina Association) #

Article 33(Administrative Dispositions) #

Article 33-2(Inspections, Verifications, etc.) #

Article 33-3 #

Article 34(Hearings) #

Article 35(Delegation and Entrustment of Authority) #

Article 36(Legal Fiction of Public Officials in Application of Penalty Provisions) #

Article 37(Penalty Provisions) #

Article 38(Penalty Provisions) #

Article 39(Penalty Provisions) #

Article 40(Joint Penalty Provisions) #

Article 41(Administrative Fines) #