PUBLIC WATERS MANAGEMENT AND RECLAMATION ACT

영문법령 불러오는 중…

PUBLIC WATERS MANAGEMENT AND RECLAMATION ACT — 법갈피

Article 6(Removal of Derelict Ships) #

(1) Where any capsized, sunken, derelict or moored ship, derelict waste material, or other object (hereinafter referred to as "derelict ship, etc.") falls under any of the following cases, the Minister of Oceans and Fisheries, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "management agency of public waters") may order its owner or occupant to remove it, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013; Mar. 21, 2017; Feb. 18, 2020>

1. Where it is deemed to impede the efficient use of public waters;

2. Where it is deemed likely to generate water pollution.

(2) Where the management agency of public waters intends to order removal pursuant to paragraph (1), the agency shall conduct a prior investigation to ascertain whether a derelict ship, etc. falls under any subparagraph of paragraph (1), as determined by the Minister of Oceans and Fisheries, and give comprehensive consideration to various circumstances, such as the present condition and location of the relevant derelict ship, etc. when discovered, any risk of causing a maritime accident or water pollution, or whether any impediment exists to the management and use of public waters. <Amended on Mar. 23, 2013>

(3) In any of the following cases, the management agency of public waters may remove a derelict ship, etc., as prescribed by Presidential Decree:

1. Where the owner or occupant of a derelict ship, etc. has failed to comply with the order of removal issued under paragraph (1): Provided, That the foregoing shall not apply where an approval for the removal thereof or consent thereto is not obtained from interested persons of the ship, etc. subject to the order of removal (limited to those registered with the ships register pursuant to the Ship Registry Act and with the ship register, etc. pursuant to the Act on Mortgage on Motor Vehicles and other Specific Movables; hereafter in this Article the same shall apply);

2. Where the owner or occupant of a derelict ship, etc. is unknown.

(4) The management agency of public waters may require interested persons provided for in the proviso of paragraph (3) 1 to submit their opinions regarding the removal of the relevant ship, including the assertion of rights to the relevant ship, as prescribed by Presidential Decree.

(5) The management agency of public waters shall, in receipt of the opinions submitted under paragraph (4), conduct a reinvestigation to ascertain the validity of the details of the relevant opinions (including whether the assertion of rights thereto is legitimate), as prescribed by Presidential Decree.

(6) Notwithstanding the proviso of paragraph (3) 1, in any of the following cases, the management agency of public waters may remove the relevant ship, as prescribed by Presidential Decree: <Amended on Jun. 15, 2011; Feb. 3, 2015>

1. Where an interested person fails to submit his or her opinion or declares his or her intention to waive the rights stated in the ship register, despite the receipt of a request to submit an opinion from the management agency of public waters provided for in paragraph (4);

2. Where the results of reinvestigation conducted under paragraph (5) show that it falls under any of the following cases:

(a) Where the ship provided in paragraph (1) is deemed likely to impede safe navigation of other ships and maritime traffic order, in violation of a treaty or convention concluded with a foreign state, the Act on the Arrival and Departure of Ships, or the Maritime Safety Act;

(b) Where the ship provided for in paragraph (1) is likely to discharge any material falling under subparagraphs 4, 5, 7 through 10, 15, and 18 of Article 2 of the Marine Environment Management Act (referring to discharging under subparagraph 3 of Article 2 of said Act);

(c) Where a ship provided for in paragraph (1) drifts, thereby creating a risk of collision with fishing port facilities provided for in subparagraph 5 of Article 2 of the Fishing Village and Fishery Harbors Act, harbor facilities provided for in subparagraph 5 of Article 2 of the Harbor Act, facilities within a port or estuary, and other ships, etc.;

(d) Where the ship provided for in paragraph (1) impedes the use of public waters, and its salvage value is less than the estimated expenses to be incurred in removing it.

(7) Expenses incurred by the management agency of public waters in removing a derelict ship, etc. pursuant to paragraphs (3) and (6) shall be borne by the owner or occupant of the derelict ship, etc., but where such owner or occupant is unknown, such expenses may be appropriated by disposing of the relevant derelict ship, etc., as prescribed by Presidential Decree.

Article 8(Permission to Occupy or Use of Public Waters) #

(1) A person who intends to perform any of the following acts shall obtain permission to occupy or use of public waters (hereinafter referred to as "occupancy or use") from the management agency of public waters (hereinafter referred to as "permission to occupy or use") as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where a person intends to occupy or use public waters for the purpose of salvaging a ship or craft in distress pursuant to Article 19 of the Act on the Search and Rescue in Waters or taking emergency measures pursuant to Article 37 of the Framework Act on the Management of Disasters and Safety, or where a person who has obtained a reclamation license under Article 28 intends to occupy or use his or her licensed public waters within the scope of the purpose for which the reclamation license has been issued: <Amended on Mar. 23, 2013; Dec. 27, 2016; Mar. 21, 2017>

1. Newly constructing, renovating, extending, altering, or removing a wharf, a breakwater, a bridge, a floodgate, new and renewable energy facilities (referring to new and renewable energy facilities referred to in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy; hereafter in this Chapter the same shall apply), a building (referring to a building provided for in Article 2 (1) 2 of the Building Act which is installed without developing land on the pubic waters; hereafter in this Chapter the same shall apply), or other artificial structure on any public waters;

2. Excavating any land contiguous to public waters below the surface of the public waters;

3. Dredging or excavating the bottom of public waters;

4. Developing any submerged land determined by Presidential Decree or any tideland entitled to private ownership into land;

5. Withdrawing water from or discharging water to public waters: Provided, That acts prescribed by Ordinance of the Ministry of Oceans and Fisheries shall be excluded herefrom;

6. Taking earth, sands or rocks from or on public waters;

7. Growing or cutting down plants from or on public waters;

8. Affecting the depth of public waters, such as dumping large quantities of earth or rocks on public waters;

9. Occupying or using installations, established on public waters upon obtaining permission to occupy or use, which are owned by the State or any local government;

10. Extracting minerals provided for in subparagraph 1 of Article 3 of the Mining Industry Act from public waters;

11. Occupying or using public waters other than those listed in subparagraphs 1 through 10.

(2) In granting permission for the new construction, renovation and extension of a building referred to in paragraph (1) 1, the management agency of public waters shall grant permission only to a building determined by Presidential Decree.

(3) Where the management agency of public waters intends to grant permission to occupy or use, the agency shall consult in advance with the head of the related administrative agency, as prescribed by Presidential Decree.

(4) Where any person who has obtained permission to occupy or use intends to change the matters, etc. prescribed by Presidential Decree, such as the period of occupancy or use and the purposes among matters permitted, he or she shall obtain permission for change from the management agency of public waters.

(5) Paragraph (3) shall apply mutatis mutandis to any permission for change provided for in paragraph (4).

(6) Where the management agency of public waters grants permission to occupy or use or permission for change provided for in paragraph (4), the agency shall publicly notify the terms thereof, as prescribed by Presidential Decree.

(7) Where the management agency of public waters grants permission to occupy or use, the agency shall hear the opinions of fishers and other interested parties, as prescribed by Presidential Decree, and may set additional clauses concerning the method of occupancy or use, and management, etc., if deemed necessary for protection of the marine environment, ecosystem, fisheries resources, and natural landscape, for prevention of damage to fishery, or for management or operation of public waters. <Amended on Jan. 4, 2022>

(8) A person who obtains permission to occupy or use shall not have others occupy or use the permitted public waters: Provided, That the foregoing shall not apply where approval from the management agency is obtained because it is necessary for public interests such as national defense or prevention of natural disaster.

(9) Where the head of an administrative agency other than the management agency of public waters has issued an administrative disposition which is deemed permission to occupy or use granted under other statutes or permission for change granted pursuant to paragraph (4), he or she shall notify the management agency of public waters of such fact immediately. <Newly Inserted on Mar. 21, 2017>

Article 13(Collection of Fees for Occupancy or Use of Public Waters) #

(1) The management agency of public waters shall collect fees for occupancy or use of pubic waters (hereinafter referred to as "occupancy or use fees") each year from a person who has obtained permission to occupy or use or who has obtained consultation or approval for occupancy or use of public waters (including a person who has obtained approval of an implementation plan for the reclamation of public waters pursuant to Article 38 (1), a person who is deemed to have obtained approval of an implementation plan for the reclamation of public waters pursuant to other statutes, and a person who is deemed to have obtained permission to occupy or use, or who has obtained consultation or approval for occupancy or use of public waters pursuant to other statutes), as prescribed by Presidential Decree. In such cases, fees for occupancy or use of public waters other than those managed by the Minister of Oceans and Fisheries under Article 4 (2) shall be prescribed by ordinance of the relevant local government within the range specified by Presidential Decree: Provided, That reductions or exemptions of occupancy or use fees may be granted, as prescribed by Presidential Decree in any of the following cases: <Amended on Aug. 4, 2011; Mar. 23, 2013; Jun. 22, 2015; Jul. 24, 2015; Mar. 21, 2017; Oct. 31, 2017; Dec. 31, 2018; Aug. 27, 2019; Nov. 30, 2021>

1. Where the State, a local government, or a person designated by Presidential Decree directly occupies or uses public waters for any non-profit project for the purpose of public interests;

2. Where he or she occupies or uses public waters for an act falling under Article 8 (1) 4;

3. Where he or she occupies and uses public waters to install a silt protector for the purpose of preventing the proliferation of pollutants generated by an act falling under the subparagraphs of Article 8 (1) or works, etc. executed on public waters under other statutes;

4. Where the operator of a development project occupies or uses public waters to execute the development project in a free economic zone provided for in subparagraph 1 of Article 2 of the Special Act on Designation and Management of Free Economic Zones;

5. Where he or she occupies or uses public waters to perform a public-private partnership project provided for in subparagraph 5 of Article 2 of the Act on Public-Private Partnerships in Infrastructure;

6. Where the operator of an industrial complex development project provided for in subparagraph 9 of Article 2 of the Industrial Sites and Development Act occupies or uses public waters to collect and dredge earth and rocks for the purpose of reclaiming public waters for the relevant industrial complex development project;

7. Where he or she occupies or uses public waters for any licensed, permitted, or reported fishery under the Fisheries Act or the Aquaculture Industry Development Act in the relevant fishing grounds [including where a person who intends to engage in the inland saline aquaculture business under Article 43 (1) 1 of the Aquaculture Industry Development Act installs a waterline for drawing water or drainpipe outside the relevant fishing grounds for an act referred to in Article 8 (1) 5];

8. Where the operator of a development project provided for in Article 147 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City occupies or uses public waters for executing the development project in the Jeju investment promotion zone designated under Article 162 (1) of said Act;

9. Where he or she occupies or uses public waters to establish and maintain private navigational aids under Articles 9 (6), 13, or 14 of the Navigation Aids Act;

10. Where he or she occupies or uses public waters to install marine disaster prevention equipment or materials prescribed by Ordinance of the Ministry of Oceans and Fisheries for the purpose of preventing the proliferation of the substances provided for in subparagraphs 4, 5, 7 through 10, 15 and 18 of Article 2 of the Marine Environment Management Act;

11. Where he or she occupies or uses public waters to form and operate a marina facility or marina industry complex provided for in subparagraphs 2 and 4 of Article 2 of the Act on the Development and Management of Marinas within the marina zones designated and publicly notified under Article 10 of said Act;

12. Where he or she occupies or uses public waters to install or operate new and renewable energy facilities;

13. Where he or she occupies or uses public waters for fisheries seed production under the Fisheries Seed Industry Promotion Act;

14. The types of business prescribed by Presidential Decree, among the types of business located in an area designated as a special area for responding to industrial crisis under Article 17 (2) of the Special Act on Balanced National Development or as an employment crisis area or employment disaster area under the Framework Act on Employment Policy;

15. Where it is impossible to attain the originally intended purpose of occupancy or use of public waters due to a disaster or other special circumstances.

(2) Occupancy or use fees collected based on permission to occupy or use granted by the Minister of Oceans and Fisheries shall be appropriated for the State revenue, and occupancy or use fees collected based on permission to occupy or use granted by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall be appropriated for the revenue of the relevant local government. <Amended on Mar. 23, 2013; Mar. 21, 2017; Feb. 18, 2020>

(3) Notwithstanding the provisions of paragraph (2), in cases of collecting occupancy or use fees for any of the following acts in the Exclusive Economic Zone provided for in Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf, the amount equivalent to 50/100 of occupancy or use fees shall be appropriated for the revenue of the Metropolitan City, Do, or Special Self-Governing Province which is closest to the relevant area permitted: <Amended on Mar. 21, 2017>

1. Extraction of aggregate provided for in Article 2 (1) 1 of the Aggregate Extraction Act;

2. Extraction of minerals provided for in subparagraph 1 of Article 3 of the Mining Industry Act.

(4) Metropolitan City Mayors or Do Governors shall equitably provide the revenue provided for in paragraph (3) to up to three Sis/Guns/Gus (referring to autonomous Gus; hereinafter the same shall apply) adjacent to the relevant Exclusive Economic Zone so that they may use it to enrich fishery resources and develop the fishing industry. <Amended on Mar. 21, 2017>

(5) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall use at least 50/100 of the revenue gained from the occupancy or use fees collected for the extraction of aggregate under the Aggregate Extraction Act or the extraction of minerals under the Mining Industry Act, in the project for the enrichment of fishery resources under each subparagraph of Article 41 (1) of the Fishery Resources Management Act: Provided, That the Minister of Oceans and Fisheries may separately set the ratio of the revenue to be used in the project for the enrichment of fishery resources below 50/100, taking into account features of each management agency of public waters, and the revenue gained from occupancy or use fees, etc. <Amended on Mar. 23, 2013; Mar. 21, 2017; Feb. 18, 2020>

(6) The management agency of public waters may allow the payment by installments of occupancy or use fees, as prescribed by Presidential Decree. In such cases, where an annual occupancy or use fee equals or exceeds the amount determined by Presidential Decree, the agency shall require a person who obtains permission to occupy or use to provide a security deposit within the amount determined by Presidential Decree or to take a measure to ensure performance guarantee at the time of granting the permission to occupy or use (including a permit for the modification thereof in cases of extending the permission period).

(7) Where a person who is obliged to pay an occupancy or use fee fails to pay such fee by the deadline for payment, the management agency of public waters may collect additional charge by 3/100 of the occupancy or use fee as prescribed by Presidential Decree. <Newly Inserted on Mar. 21, 2017>

(8) The management agency of public waters may collect occupancy or use fees or additional charge from a person who fails to pay occupancy or use fees or additional charge in the same manner as delinquent national or local taxes are collected. <Amended on Mar. 21, 2017>

Article 17(Authorization of Implementation Plans for Occupancy or Use) #

(1) Any person who has obtained permission to occupy or use for performing an act determined by Presidential Decree, relating to the scale of an artificial structure and total construction expenses, among acts falling under Article 8 (1) 1 through 4 shall obtain approval of an implementation plan for occupancy or use of public waters (hereinafter referred to as "implementation plan for occupancy or use") from the management agency of public waters in advance before starting related work. The same shall apply where he or she intends to change matters determined by Presidential Decree, among the approved matters.

(2) Any person who has obtained permission to occupy or use for performing an act falling under the subparagraphs of Article 8 (1) (excluding an act subject to approval of an implementation plan for occupancy or use pursuant to the former part of paragraph (1)) or who has obtained the consultation or approval for occupancy or use of public waters under Article 10 shall report an implementation plan for occupancy or use to the management agency of public waters in advance before starting the related work. The same shall apply where he or she intends to change matters determined by Presidential Decree, among matters already reported.

(3) Any person who intends to obtain approval of an implementation plan for occupancy or use pursuant to in paragraph (1) shall obtain such approval from the management agency of public waters within one year from the date of obtaining the permission to occupy or use, and any person who intends to report an implementation plan for occupancy or use pursuant to paragraph (2) shall report such plan to the management agency of public waters within six months after the date of obtaining the permission to occupy or use or the consultation or approval for occupancy or use.

(4) Notwithstanding paragraph (3), where any unavoidable cause exists such as natural disaster, the management agency of public waters may extend the period referred to in paragraph (3) only once by up to one year (referring to six months in cases of reporting), as prescribed by Presidential Decree.

(5) The management agency of public waters shall notify a reporting person of whether to accept a report filed pursuant to paragraph (2), within 10 days from the filing date of the report. <Newly Inserted on Aug. 20, 2019>

(6) If the management agency of public waters fails to notify a reporting person of whether to accept a report or of the extension of the processing period of a report under statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (5), the report shall be deemed to be accepted on the day immediately after the end of the period (if the processing period has been extended or re-extended under statutes or regulations relating to the processing of civil petitions, referring to the relevant processing period). <Newly Inserted on Aug. 20, 2019>

(7) Where the management agency of public waters approves an implementation plan for occupancy or use or accepts any report thereon pursuant to paragraphs (1) and (5) (including where a report shall be deemed to be accepted under paragraph (6)), the agency shall publicly notify the details of such authorization or report, as prescribed by Presidential Decree. <Amended on Aug. 20, 2019>

(8) Matters necessary for the approval of and report on an implementation plan for occupancy or use referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Aug. 20, 2019>

Article 18(Inspection on Completion) #

(1) Any person who has obtained approval of an implementation plan for occupancy or use pursuant to Article 17 (1) shall, upon completion of the relevant work, apply for inspection on completion with the management agency of public waters without delay, as prescribed by Presidential Decree: Provided, That where necessary, application for inspection on completion may be filed for the part completed even before the full completion of the relevant work. <Amended on Mar. 21, 2017>

(2) Any person who has reported an implementation plan for occupancy or use pursuant to Article 17 (2) shall, upon completion of the relevant work, report such completion to the management agency of public waters without delay, as prescribed by Presidential Decree.

(3) The management agency of public waters shall notify a reporting person of whether to accept a report filed pursuant to paragraph (2), within 10 days from the filing date of the report. <Newly Inserted on Aug. 20, 2019>

(4) If the management agency of public waters fails to notify a reporting person of whether to accept a report or of the extension of the processing period of a report under statutes or regulations relating to the processing of civil petitions, within the period specified in paragraph (3), the report shall be deemed to be accepted on the day immediately after the end of the period (if the processing period has been extended or re-extended under statutes or regulations relating to the processing of civil petitions, referring to the relevant processing period). <Newly Inserted on Aug. 20, 2019>

(5) Where the management agency of public waters recognizes that the relevant work has been performed as provided for in the implementation plan for occupancy or use authorized pursuant to Article 17 (1) according to an inspection on completion referred to in paragraph (1) as prescribed by Presidential Decree, the agency shall issue a certificate of inspection on completion, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Aug. 20, 2019>

(6) Where the management agency of public waters has accepted a report on completion of work (including where a report shall be deemed to have been accepted under paragraph (4)) or conducted an inspection on completion pursuant to paragraph (3) or (5), the agency shall publicly notify the details thereof as prescribed by Presidential Decree. <Amended on Aug. 20, 2019>

Article 19(Cancellation of Permission to Occupy or Use) #

(1) Where any person who has obtained an permission to occupy or use or who has obtained the consultation or approval for occupancy or use of public waters pursuant to Articles 8 and 10 falls under any of the following cases, the management agency of public waters may revoke such permit, consultation, or approval; suspend his or her occupancy or use; or order him or her to take necessary measures, such as renovating or relocating any artificial structures, installations, earth, rocks, or other things: Provided, That in cases of falling under subparagraph 1, the permission to occupy or use shall be revoked: <Amended on Mar. 21, 2017>

1. Where he or she obtains the permission to occupy or use by fraud or other improper means;

2. Where a person who has obtained the permission to occupy or use violates permitted matters;

3. Where he or she fails to perform additional clauses referred to in Article 8 (7) without any justifiable grounds;

4. Where he or she fails to pay occupancy or use fees;

5. Where he or she fails to obtain the authorization of an implementation plan for occupancy or use or to report an implementation plan for occupancy or use referred to in Article 17 (1) and (2);

6. Where he or she has refused, interfered with or evaded an investigation into interested persons, related documents, etc., any entry to or temporary use of land, etc., or alteration or removal of obstacles referred to in Article 55;

7. Where all or part of a project related to the permission to occupy or use or consultation or approval for occupancy or use of public waters has been discontinued.

(2) Where the management agency of public waters cancels an permission to occupy or use or the consultation or approval for occupancy or use; suspends the occupancy or use; or orders to take necessary measures, such as renovating or relocating any artificial structures, installations, earth, rocks or other things referred to in paragraph (1); the agency shall publicly notify such fact and install a sign determined by Ordinance of the Ministry of Oceans and Fisheries in the place from where the relevant public waters or artificial structures, etc. are clearly visible. <Amended on Mar. 23, 2013>

(3) No person may refuse or obstruct the installation of the sign referred to in paragraph (2) or damage the installed sign.

Article 21(Recovery) #

(1) Any of the following persons (hereafter in this Article referred to as "person responsible for recovery") shall remove artificial structures, installations, earth and rocks, or other things established on any public waters and recover such public waters: Provided, That the foregoing shall not apply to cases where he or she has obtained the permission to occupy or use in order to perform an act falling under Article 8 (1) 4:

1. A person who occupies or uses public waters without obtaining permission to occupy or use or the consultation or approval for occupancy or use of public waters;

2. A person who occupies or uses public waters in excess of the area for which permission to occupy or use, consultation, or approval for occupancy or use of public waters is obtained;

3. A person for whom the period of occupancy or use expires;

4. A person for whom the project related to the permission to occupy or use or the consultation or approval for occupancy or use of public waters is discontinued;

5. A person for whom the permission to occupy or use is canceled;

6. A person for whom the consultation or approval for occupancy or use of public waters is canceled.

(2) Where a person responsible for recovery fails to take measures necessary for recovery referred to in paragraph (1), the management agency of public waters may order him or her to recover public waters, specifying a certain period.

(3) Where the person who has been issued an order for recovery referred to in paragraph (2) fails to comply with it, the management agency of public waters may take measures necessary for recovery pursuant to the Administrative Vicarious Execution Act.

(4) Notwithstanding paragraph (1), where it is impossible to recover public waters, or other reasons exist determined by Presidential Decree, the management agency of public waters may, ex officio or upon request from a person responsible for recovery, exempt such person from the obligation of recovery.

(5) Where the management agency of public waters receives request for exemption pursuant to paragraph (4), the agency shall notify the applicant of whether exemption is granted, within 20 days from the date of receipt of such request, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(6) The management agency of public waters may gratuitously revert artificial structures, installations, earth and rocks or other things on the relevant public waters to the State or any local government, as prescribed by Presidential Decree in any of the following cases:

1. Where any person who occupies or uses public waters without obtaining occupation or use permission fails to comply with an order for recovery referred to in paragraph (2);

2. Where a person is exempted from the obligation of recovery pursuant to paragraph (4).

(7) Where it is necessary in order to secure the fulfillment of the obligation of recovery referred to in paragraph (1) and of an order for the obligation of recovery referred to in paragraph (2), the management agency of public waters may allow a relevant person to deposit an amount equivalent to the costs incurred in such recovery as prescribed by Presidential Decree at the time of approving an implementation plan for occupancy or use pursuant to Article 17 (1) or of receiving the report referred to in Article 17 (2).

Article 23(Request for Reflection in Master Plans for Reclamation) #

(1) The head of a central administrative agency, the head of a local government, or a person who intends to reclaim public waters may request the Minister of Oceans and Fisheries to reflect any public waters in a master plan for reclamation, if they are not included in such plan but need to be reclaimed. <Amended on Mar. 23, 2013>

(2) In receipt of a request to reflect the public waters in a master plan for reclamation under paragraph (1), the Minister of Oceans and Fisheries shall investigate or survey the marine environment, the current state of the ecosystem, the feasibility of reclamation and the land use plan of the relevant public waters, and other matters determined by Presidential Decree, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(3) The Minister of Oceans and Fisheries may request the head of the related administrative agency to provide data necessary for the investigation or survey referred to in paragraph (2). In such cases, the head of the related administrative agency so requested shall provide the relevant data in the absence of special circumstances. <Amended on Mar. 23, 2013>

(4) Where it is necessary for an efficient investigation or survey, the Minister of Oceans and Fisheries may ask the specialized organization to conduct the relevant investigation or survey referred to in paragraph (2). In such cases, the Minister of Oceans and Fisheries may require a person who has requested for the reflection of the public waters in a master plan for reclamation under paragraph (1) (hereinafter referred to as "person requesting the reflection in a master plan for reclamation") to pay all or part of expenses incurred in the relevant investigation or survey, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

(5) Where the Minister of Oceans and Fisheries conducts an investigation or survey under paragraph (2), he or she shall immediately notify the person requesting the reflection in a master plan for reclamation of the result. <Amended on Mar. 23, 2013>

(6) Where there are several persons requesting the reflection in a master plan for reclamation in regard to the same public waters, the Minister of Oceans and Fisheries may reflect the public waters in the master plan for reclamation according to the priorities determined by Presidential Decree. <Amended on Mar. 23, 2013>

Article 28(Reclamation Licenses) #

(1) Anyone who intends to reclaim public waters shall obtain a reclamation license of public waters (hereinafter referred to as "reclamation license") from the Minister of Oceans and Fisheries, the Mayor/Do Governor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor (hereinafter referred to as "reclamation license agency") according to the following classifications by specifying the purposes of reclamation, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Mar. 21, 2017>

1. The reclamation of public waters in a harbor area provided for in the subparagraphs of Article 3 (1) of the Harbor Act: The Minister of Oceans and Fisheries;

2. The reclamation of public waters, the area of which is not less than 100,000 square meters: The Minister of Oceans and Fisheries;

3. The reclamation of public waters other than public waters referred to in subparagraphs 1 and 2: The Mayor/Do Governor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor.

(2) Where any predetermined land to be reclaimed includes both public waters provided for in paragraph (1) 1 and public waters provided for in paragraph (1) 3, a reclamation license shall be obtained from the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(3) Where any predetermined land to be reclaimed for the reclamation of public waters provided for in paragraph (1) 3 extends over not less than two jurisdictions of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces, a reclamation license shall be obtained from the Mayor/Do Governor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor who is decided after consultation with the related Mayors/Do Governors, Special Self-Governing City Mayors, or Special Self-Governing Province Governors: Provided, That where no agreement is reached following consultation, such reclamation license shall be obtained from the Mayor/Do Governor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor who is designated by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Mar. 21, 2017>

(4) Where the reclamation license agency intends to grant the reclamation license pursuant to paragraph (1), the agency shall, in advance, consult with the heads of related central administrative agencies and the related Mayor/Do Governor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor. <Amended on Mar. 21, 2017>

(5) The reclamation license agency shall grant a license to the extent appropriate for the details of a master plan for reclamation.

(6) The reclamation license agency may not grant a license by dividing any predetermined land to be reclaimed which has been reflected in a master plan for reclamation: Provided, That the same shall not apply to reclamation conducted by the State, a local government or the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act.

(7) Public waters in the harbor zone referred to in each subparagraph of Article 3 (1) of the Harbor Act and public waters in the State-owned fishery harbor referred to in subparagraph 3 (a) of Article 2 of the Fishing Villages and Fishery Harbors Act shall be reclaimed only by the State or a local government: Provided, That the foregoing shall not apply where they are reclaimed as prescribed by Presidential Decree, in consideration of the purpose and size of reclamation or the conditions of location.

(8) Where applications compete for a reclamation license for public waters in the same location, the reclamation license agency may grant a license according to the priorities determined by Presidential Decree.

(9) Where the head of an administrative agency other than a reclamation license agency has issued an administrative disposition that is construed as a reclamation license of public waters under paragraph (1) obtained under other statutes, he or she shall immediately notify the reclamation license agency of such fact. <Newly Inserted on Mar. 21, 2017>

Article 35(Reclamation Conducted by the State) #

(1) Notwithstanding Article 28, where the State or a local government intends to reclaim public waters or where the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act intends to reclaim public waters for an industrial complex development project under the Industrial Sites and Development Act, it shall consult in advance or obtain approval from the reclamation license agency.

(2) Any person who has consulted on, or has obtained approval for, reclamation pursuant to paragraph (1) shall not transfer the right to reclamation before undergoing an inspection on completion under paragraph (4): Provided, That where the right to reclamation is to be transferred to the State or a local government, it may be transferred after filing a report on the transfer to the reclamation license agency, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Aug. 20, 2019>

(3) In receipt of a report filed pursuant to the proviso of paragraph (2), the reclamation license agency shall examine the contents of the report and shall accept the report if the agency finds that the report is in conformity with this Act. In such cases, the reclamation license agency that is not the Minister of Oceans and Fisheries shall consult the Minister of Oceans and Fisheries on the report before accepting the report. <Newly Inserted on Aug. 20, 2019>

(4) Where a person who consults on, or obtains approval for, reclamation pursuant to paragraph (1) completes the relevant reclamation work, he or she shall, without delay, apply for an inspection on completion to the reclamation license agency, determining the land category provided for in Article 67 of the Act on the Establishment and Management of Spatial Data. <Amended on Jun. 3, 2014; Aug. 20, 2019>

(5) A person who consults on, or obtains approval for, reclamation pursuant to paragraph (1) shall acquire the ownership of such reclaimed land as falling under Article 46 (1) 3 and 4 on the date an inspection on completion provided for in paragraph (4) is conducted. <Amended on Mar. 21, 2017; Aug. 20, 2019>

(6) Articles 28 (1) through (5) and (9), 29 through 33, 38, 39, 39-2, 40 through 42, 44 through 46 (excluding Article 46 (1) 3 and 4), 48, 49 (1), (3), (5), and (6), 51 through 54 (excluding Article 54 (9)), and 56 through 58 shall apply mutatis mutandis to reclamation of public waters conducted by a person who consults on, or obtains approval for, reclamation pursuant to paragraph (1). <Amended on Mar. 21, 2017; Aug. 20, 2019>

Article 39(Authorization and Permission Deemed Granted) #

(1) Where a reclamation licensee obtains approval of an implementation plan for reclamation, he or she shall be deemed to obtain authorization, permission, approval, cancellation, consultation, and reports (hereinafter referred to as "authorization, permission, etc."), and if the approval of an implementation plan for reclamation is publicly notified under Article 38 (5), it shall be deemed that the public notice or announcement of authorization, permission, etc. under related statutes is given: <Amended on May 31, 2010; Apr. 14, 2011; Jan. 14, 2014; Dec. 27 2016; Mar. 21, 2017; Oct. 31, 2017; Jan. 29, 2020; Mar. 31, 2020; Dec. 27, 2022>

1. Permission for aggregate extraction referred to in Article 22 of the Aggregate Extraction Act, and permission for aggregate extraction in the aggregate extraction complex referred to in Article 34 (1) of said Act;

2. Determination of the urban or Gun management planning referred to in Article 30 of the National Land Planning and Utilization Act, permission for changes in the form and quality and for division of land referred to in Article 56 (1) 2 and 4 of said Act, designation of the operator of the urban or Gun planning facility project referred to in Article 86 of said Act, and authorization of an implementation plan for the urban or Gun planning facility project referred to in Article 88 of said Act;

3. Permission for use of agricultural production infrastructure referred to in Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;

4. Permission for, or consultation on, farmland conversion referred to in Article 34 of the Farmland Act;

5. Consultation with, or approval by, the road management authority referred to in Article 107 of the Road Act (limited to permission for the execution of road works by persons other than the road management authority referred to in Article 36 of said Act, and permission for occupancy and use of roads referred to in Article 61 of said Act);

6. Permission to open private roads referred to in Article 4 of the Private Road Act;

7. Permission for deforestation, etc. in an erosion control area referred to in Article 14 of the Erosion Control Work Act and any cancellation of designation as an erosion control area referred to in Article 20 of said Act;

8. Permission for, and reporting on, deforestation referred to in Article 36 (1) and (5) of the Creation and Management of Forest Resources Act; permission for, and reporting on, an act to do in the forest reserve under Article 9 (1) and (2) of the Forest Protection Act (excluding the forest genetic resources reserve); and cancellation of designation as a forest reserve referred to in Article 11 (1) 1 of said Act;

9. Permission for conversion of mountainous districts referred to in Article 14 of the Mountainous Districts Management Act; report on conversion of mountainous districts referred to in Article 15 of said Act; and permission for, or reporting on, temporary use of mountainous districts referred to in Article 15-2 of said Act;

10. Permission for the execution of small river works referred to in Article 10 (1) of the Small River Maintenance Act and permission for the occupancy of small rivers referred to in Article 14 of said Act;

11. Approval for the execution of works in a protected water zone referred to in Article 47 (2) of the Fishery Resources Management Act;

12. Approval of the implementation plan for a new harbor construction project referred to in Article 8 (1) of the New Harbor Construction Promotion Act;

13. Permission to do an act in a park area referred to in Article 23 of the Natural Parks Act and consultation with the park management agency referred to in Article 71 of said Act;

14. Permission for reburying graveyards referred to in Article 27 (1) of the Act on Funeral Services;

15. Authorization for, or reporting of, plans for works for establishing electric Installations for private use as prescribed in Article 8 of the Electrical Safety Management Act;

16. Permission to change the form and quality, etc. of land referred to in Article 21-2 of the Grassland Act; and permission for, reporting on, or consultation on, grassland conversion referred to in Article 23 of said Act;

17. Permission for the occupancy or use of public sewerage referred to in Article 24 of the Sewerage Act;

18. Consultations with, or approval by, the river management agency referred to in Article 6 of the River Act; permission for the execution of river works referred to in Article 30 of said Act; and permission for the occupancy or use of rivers referred to in Article 33 of said Act;

19. Permission for the installation of navigation aids referred to in Article 13 (1) 1 of the Navigational Aids Act;

20. Permission for the implementation of harbor development projects under Article 9 (2) of the Harbor Act and approval of the implementation plan for a harbor development project under Article 10 (2) of said Act.

(2) Where a reclamation licensee obtains the approval of an implementation plan for reclamation, he or she shall be deemed to have obtained an permission to occupy or use referred to in Article 8; to have obtained the consultation on, or approval for, occupancy or use of public waters referred to in Article 10; and to have reported on, or obtained the approval of, the implementation plan for occupancy or use referred to in Article 17; and where the approval of an implementation plan for reclamation referred to in Article 38 (5) is publicly notified, it shall be deemed that a public notice referred to in Article 17 (7) is made. <Amended on Mar. 21, 2017; Aug. 20, 2019>

(3) When approving an implementation plan for reclamation, the reclamation licensing agency shall be equipped with related documents furnished by the reclamation licensee and consult in advance with the head of the related administrative agency, if the plan includes the matters listed in any subparagraph of paragraph (1) or paragraph (2). In such cases, the head of the related administrative agency shall submit his or her opinion within 20 days from the date of receipt of the request for consultation.

(4) Where the head of the related administrative agency that has authority to grant authorization, permission, etc. referred to in each subparagraph of paragraph (1) has determined or revised standards, procedures, etc. therefor, he or she shall without delay give notice thereof to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(5) Upon receipt of notice of standards, procedures, etc. referred to in paragraph (4), the Minister of Oceans and Fisheries shall integrate them and give public notice thereof. The foregoing shall also apply to any alterations thereto. <Amended on Mar. 23, 2013>

Article 44(Use of Reclaimed Land) #

(1) No reclamation licensee may use reclaimed land for such purposes as establishing buildings, installations, or other artificial structures before an inspection on completion pursuant to Article 45: Provided, That the foregoing shall not apply where permission to use before inspection on completion is granted by the reclamation license agency as prescribed by Ordinance of the Ministry of Oceans and Fisheries, to the extent that the use does not hinder the accomplishment of the purpose for reclamation. <Amended on Mar. 23, 2013>

(2) Where the reclamation license agency grants permission to use before inspection on completion referred to in the proviso of paragraph (1), the agency shall grant the permission to use only where the use of reclaimed land suits the purpose of reclamation referred to in Article 24 (1) 2 and the land use plan referred to in Article 24 (1) 3.

(3) Where a person who intends to use reclaimed land before inspection on completion obtains permission to use referred to in the proviso of paragraph (1), he or she shall be deemed to have obtained the following authorization, report, permission, or inspection (hereinafter referred to as "authorization, etc."): <Amended on Mar. 31, 2020>

1. Permission for, or reporting of, the construction of a temporary building referred to in Article 20 (1) and (2) of the Building Act;

2. Authorization for, or reporting of, plans for works for establishing electric Installations for private use as prescribed in Article 8 of the Electrical Safety Management Act;

3. Pre-use inspection referred to in Article 36 of the Information and Communications Construction Business Act.

(4) When the reclamation license agency grants the permission referred to in the proviso of paragraph (1), if the details of such permit include matters falling under any subparagraph of paragraph (3), a person who intends to obtain the use permit before inspection on completion shall consult in advance with the head of the related administrative agency, preparing the related documents. In such cases, the head of the related administrative agency shall submit his or her opinion within 20 days from the date of receipt of the request for consultation.

(5) If the head of the related administrative agency fails to submit his or her opinion within the period specified in the latter part of paragraph (4) (referring to an extended period if the period for response has been extended under Article 20 (2) of the Civil Petitions Treatment Act), it shall be deemed that consultation has been held. <Newly Inserted on Aug. 20, 2019>

Article 45(Inspection on Completion) #

(1) Where a reclamation licensee completes his or her reclamation works, he or she shall, as prescribed by Presidential Decree, determine the location and land category (referring to land category referred to in Article 67 of the Act on the Establishment and Management of Spatial Data) of reclaimed land and apply for inspection on completion to the reclamation license agency. In such cases, a reclamation licensee may apply for inspection on completion for each zone if he or she has obtained approval of an implementation plan for reclamation for separate zones pursuant to Article 38 (2). <Amended on Jun. 3, 2014; Mar. 21, 2017>

(2) After the reclamation license agency that receives the application for inspection on completion pursuant to paragraph (1) conducts an inspection on completion as prescribed by Presidential Decree, if the agency recognizes that the relevant work has been executed as approved in the implementation plan for reclamation, the agency shall issue a certificate of inspection on completion prescribed by Ordinance of the Ministry of Oceans and Fisheries and publicly notify the relevant fact. Where the work has not been executed as approved in the implementation plan for reclamation, the reclamation license agency shall without delay order necessary measures such as supplemental works. <Amended on Mar. 23, 2013>

(3) Any person who applies for inspection on completion pursuant to paragraph (1) obtains a certificate of inspection on completion referred to in paragraph (2), he or she shall be deemed to have received an inspection on completion or authorization on completion of the relevant project referred to in authorization, permission, etc. falling under the subparagraphs of Article 39 (1) and paragraph (2) of said Article. In such cases, the reclamation license agency shall consult in advance with the heads of the related administrative agencies concerning the inspection on completion. <Amended on Mar. 21, 2017>

(4) Any person who wants to be deemed to have received an inspection on completion or authorization of completion pursuant to paragraph (3) shall also submit the related documents prescribed by the relevant statutes at the time of applying for inspection on completion pursuant to paragraph (1).

Article 46(Acquisition of Reclaimed Land's Ownership) #

(1) Where a reclamation licensee obtains the certificate of inspection on completion referred to in Article 45 (2), the State, a local government, or a reclamation licensee shall acquire reclaimed land's ownership according to the following classifications:

1. Reclaimed land necessary to be used for official or public purposes as determined by Presidential Decree reverts to the State or a local government;

2. Reclaimed land of an area (excluding an area of seashores included in site for facilities for public use or public facilities newly installed due to the execution of reclamation works from among reclaimed seashores) equivalent to reclaimed seashores reverts to the State. In such cases, the location of reclaimed land, the ownership of which the State acquired shall be a place other than reclaimed land as determined by the reclamation licensee;

3. Reclaimed land equivalent to the total project costs (referring to the aggregate of costs incurred in investigation and design, net construction costs, compensation costs, and the like as determined by Presidential Decree) incurred for such reclamation works from among reclaimed land except reclaimed land, the ownership of which the State or a local government acquired pursuant to subparagraphs 1 and 2 reverts to the reclamation licensee;

4. Remaining reclaimed land except reclaimed land, the ownership of which the State, a local government, or the reclamation licensee acquired pursuant to the provisions of subparagraphs 1 through 3 (hereinafter referred to as "remaining reclaimed land") reverts to the State.

(2) When a person who has acquired any reclaimed land's ownership falling under paragraph (1) 3 and 4 applies for registration for maintenance of ownership for such reclaimed land, he or she shall enter mattes determined by Presidential Decree in respect of any restrictions on the exercise of ownership (hereinafter referred to as "matters on any restrictions on the exercise of ownership") in the application and the registration official shall write in addition, ex officio, matters on any restrictions on the exercise of ownership in effecting a registration for maintenance of ownership.

(3) Where a limitation period for changes to the purpose for reclamation referred to in the main clause of Article 48 (1) expires, a person who has acquired any reclaimed land's ownership falling under paragraph (1) 3 and 4 may apply for registration for cancellation regarding the matters on restrictions on the exercise of ownership written in addition in the registration for maintenance of ownership pursuant to paragraph (2) to the competent registry office.

(4) Where the State, a local government, or a reclamation licensee has obtained the ownership referred to in paragraph (1), the reclamation license agency shall notify the related administrative agency, such as the competent tax office and registry office, of the ownership of the reclaimed land, as prescribed by Presidential Decree.

Article 47(Requests for Purchase of Remaining Reclaimed Land) #

(1) A reclamation licensee may file a request for his or her purchase of remaining reclaimed land which the State has acquired pursuant to Article 46 (1) within one year from the date of receipt of inspection on completion, and the State shall not refuse such request except when using the remaining reclaimed land for official or public purposes. In such cases, if the requester is the operator of an industrial complex development project under the Industrial Sites and Development Act, the sale price of such remaining reclaimed land may be determined by Presidential Decree, notwithstanding Article 44 of the State Property Act.

(2) Where the State leases reclaimed land, the ownership of which it has acquired pursuant to Article 46 (1) 2, and remaining reclaimed land, the ownership of which it has acquired pursuant to Article 46 (1) 4, as sites for any of the following facilities according to its reclamation objectives, it may have permanent installations established thereon, notwithstanding the State Property Act: Provided, That if the deadline for purchase request referred to in paragraph (1) has not expired for remained reclaimed land, the State shall obtain consent thereto from the reclamation licensee: <Amended on Aug. 4, 2011; Mar. 21, 2017>

1. Factories under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;

2. Facilities for the knowledge industry referred to in subparagraph 2 of Article 2 of the Industrial Sites and Development Act;

3. Facilities related to the information and communications industry and facilities for a stockpile of resources referred to in subparagraphs 4 and 6 of Article 2 of the Industrial Sites and Development Act;

4. Facilities for tourist accommodation business referred to in Article 3 (1) 2 of the Tourism Promotion Act, and facilities prescribed by Presidential Decree among tourist-using facility business referred to in Article 3 (1) 3 of said Act.

(3) Where the State leases reclaimed land and remaining reclaimed land pursuant to paragraph (2), it may provide for the leasing method and period and rents for such reclaimed land and remaining reclaimed land pursuant to Presidential Decree, notwithstanding Articles 43, 46 and 47 of the State Property Act.

Article 49(Exception of Restrictions on Changes in Purpose of Reclamation) #

(1) Notwithstanding the main clause of Article 48 (1), where a predetermined land to be reclaimed or a reclaimed land for which a reclamation license has been granted, or reclaimed land which has received inspection on its completion, falls under any of the following cases, a reclamation licensee, a person who has acquired reclaimed land's ownership, and his or her successor may change the purpose of his or her reclamation after obtaining approval therefor from the reclamation license agency, as prescribed by Presidential Decree:

1. Where it becomes impossible to use the remainder for serving the purpose of its reclamation by changing part of reclaimed land into that for official or public purposes;

2. Where it becomes impossible to use reclaimed land for serving the purpose of its reclamation due to any change to a national plan under related statutes or regulations;

3. Where any change in the purpose of reclamation is inevitable due to industrial development or changes in circumstances.

(2) Where a person who has acquired reclaimed land's ownership or his or her successor intends to change the purpose of reclamation under paragraph (1), the reclamation license agency may grant approval under paragraph (1) only where the former makes an application to revert revaluated reclaimed land equivalent to the remaining value, deducting required expenses (an amount of capital expenses multiplying the consumer price index by taxes and dues, appraisal and evaluation cost, acquisition value for the reclaimed land on authorization on its completion, and other expenses taken together) as determined by Presidential Decree (hereinafter referred to as "revaluated reclaimed land") to the State among reclaimed land equivalent to an increase in prices of reclaimed land revaluated on the basis of the purpose of reclamation which he or she intends to change.

(3) Where the reclamation license agency intends to grant approval for any changes in the purpose of reclamation under paragraph (1), the agency shall undergo deliberation thereof by the Council after consulting with the heads of relevant central administrative agencies and the Mayor/Do Governor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor. <Amended on Mar. 21, 2017>

(4) The revaluation methods of reclaimed land referred to in paragraph (2) or other necessary matters shall be determined by Presidential Decree.

(5) Upon granting approval for any changes to the purpose of reclamation pursuant to paragraphs (1) and (2), the reclamation license agency shall publicly notify such fact, as prescribed by Presidential Decree.

(6) Any person who has obtained authorization to change the purpose of reclamation pursuant to paragraph (1) may file an application for registration of such change with the competent registry office by attaching thereto a written authorization to change the purpose of reclamation.

Article 52(Cancellation of Reclamation Licenses) #

(1) In any of the following cases, a reclamation license agency may cancel a reclamation license or an implementation plan for reclamation, or order an owner or occupant of any building, installation, etc. established on public waters or a person who is entrusted with the relevant work to suspend the relevant work, or to alter, remove, repair, or recover any building or installation, or prohibit or restrict the use thereof, or order to take other necessary measures, by specifying a certain period of up to one year: Provided, That in cases of falling under subparagraph 1, the reclamation license shall be canceled: <Amended on Mar. 21, 2017>

1. Where the reclamation license is granted by fraud or other improper means;

2. Where the process of reclamation works fails to meet the standards prescribed by Presidential Decree due to grounds attributable to the reclamation licensee;

3. Where the additional clauses to the reclamation license referred to in Article 29 are not performed without any justifiable grounds;

4. Where reclamation license fees referred to in Article 34 are not paid without any justifiable grounds;

5. Where the work is executed without obtaining approval of the implementation plan for reclamation;

6. Where the reclaimed land is used for such purposes as establishing buildings, installations, or other artificial structures without obtaining a use permit before an inspection on completion referred to in the proviso of Article 44 (1);

7. Where the confirmation is obtained as referred to in Article 48 (2) by fraud or other improper means;

8. Where it is necessary due to any changes to conditions directly related to public waters, such as changes in the development of related industry and the related plan of the State or a local government;

9. Other cases where it is necessary for a project that can expropriate or use land under other statutes or regulations.

(2) Where the reclamation license agency cancels a reclamation license, etc. referred to in paragraph (1), the agency shall publicly notify such fact and install the sign prescribed by Ordinance of the Ministry of Oceans and Fisheries in a place where the relevant public waters or buildings, installations, and other artificial structures are clearly visible. <Amended on Mar. 23, 2013>

(3) No person may refuse or obstruct the installation of the sign referred to in paragraph (2) or damage the installed sign.

Article 54(Recovery) #

(1) Any of the following persons (hereafter in this Article referred to as "person responsible for recovery") shall recover the relevant public waters:

1. A person who reclaims public waters without obtaining a reclamation license;

2. A person whose reclamation license loses its effect, is terminated, or is canceled for any cause attributable to him or her;

3. A person who reclaims public waters exceeding the area subject to the reclamation license.

(2) Where a person responsible for recovery fails to take measures necessary for recovery referred to in paragraph (1), the reclamation license agency may order him or her to recover public waters, specifying a certain period.

(3) Where a person who has been issued an order for recovery referred to in paragraph (2) fails to comply with it, the reclamation license agency may take measures necessary for recovery under the Administrative Vicarious Execution Act.

(4) Notwithstanding paragraph (1), where it is impossible to recover public waters, or there exist other reasons prescribed by Presidential Decree, the reclamation license agency may exempt the obligation of recovery, ex officio or upon the receipt of an application of a person responsible for recovery.

(5) Where the reclamation license agency receives an application for exemption pursuant to paragraph (4), the agency shall notify the applicant of whether to exempt him or her, within 20 days from the date of receipt of the application, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(6) Any reclaimed land, structure, installation, or other artificial structure established by a person exempted from the obligation of recovery pursuant to paragraph (4) in the zone of reclamation works may be gratuitously reverted to the State.

(7) Where the State deems it unnecessary to own the structure, installation, or other artificial structure reverted to it pursuant to paragraph (6), it may sell or lease it under the State Property Act.

(8) Paragraphs (6) and (7) shall apply mutatis mutandis to cases where a person responsible for recovery fails to comply with the order for recovery or to apply for exemption from the obligation of recovery referred to in paragraph (4) within one year from the date when he or she receives the recovery order.

(9) The reclamation license agency may require a person responsible for recovery to deposit an amount equivalent to expenses incurred in recovery in order to guarantee the fulfillment of the obligation of recovery referred to in paragraph (1): Provided, That the foregoing shall not apply where a person responsible for recovery is the State, a local government, or any other person prescribed by Presidential Decree.

(10) Depositing an amount for guaranteeing the fulfillment of the obligation of recovery referred to in the main clause of paragraph (9) and other matters necessary for the deposit, etc. shall be determined by Presidential Decree.

Article 55(Investigation Related to Management, Occupancy, or Use of Public Waters) #

(1) The management agency of public waters may require a person who obtains an permission to occupy or use to report on the status, etc. of management, occupancy, or use of public waters, or require any related public officials to enter the place of business of a person who occupies or uses public waters or any other necessary place and to investigate the relevant person, related documents, etc., if deemed necessary for the efficient management of public waters.

(2) If deemed necessary for construction works to prevent disaster on public waters and erosion, etc. and for investigation or survey of public waters, the management agency of public waters may perform any of the following acts:

1. Entry to any land or public waters (hereafter in this Article referred to as "land, etc.") occupied by other persons;

2. Temporary use of the land, etc. as a material yard, temporary passage, or temporary road;

3. Change or removal of trees, earth and rocks, or other obstacles on the land, etc. if particularly necessary.

(3) Where the management agency of public waters intends to enter the place of business or lands, etc. of the persons occupying or using the public waters, for the investigation referred to in paragraph (1) and the investigation or survey referred to in paragraph (2), the agency shall notify in writing an occupant, user, or occupant of public waters (referring to owners, occupants, or managers of lands, etc. in cases of paragraph (2)) of the names of related public officials, the date of entry, the place of entry, and the purpose of investigation or survey, seven days prior to the investigation or survey.

(4) No person who intends to enter land, etc., pursuant to paragraph (2), shall enter the curtilage or land, etc. enclosed by a wall or fence without the consent of the owner, occupant, or manager of the land, etc. before sunrise and after sunset.

(5) Where the management agency of public waters intends to enter land, etc.; temporarily use the land, etc. as a material yard, temporary passage, or temporary road; or change or remove obstacles pursuant to paragraph (2); the agency shall obtain consent from the owner, occupant, or manager of obstacles: Provided, That the foregoing shall not apply where the owner, occupant, or manager is not known, or there exists any unavoidable cause.

(6) Where public waters are occupied or used without obtaining an permission to occupy or use or occupied or used inconsistently with the details of the obtained permission to occupy or use, or the permission to occupy or use is confirmed to have been terminated or revoked as shown in a result of an investigation, etc. pursuant to paragraphs (1) and (2), the management agency of public waters shall notify the related persons of such result, as prescribed by Presidential Decree.

(7) Any person who intends to perform an act referred to in paragraphs (1) and (2) shall produce a certificate indicating his or her authority to interested persons, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

Article 66(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jan. 29, 2020>

1. A person who fails to report the transfer, etc. of rights and obligations, in violation of Article 43 (2);

2. A person who uses reclaimed land or predetermined land to be reclaimed without obtaining the confirmation of change to reclamation purpose under Article 48 (2);

3. A person who refuses or obstructs the installation of a sign, or damages any installed sign, in violation of Article 52 (3).

(2) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Newly Inserted on Jan. 29, 2020>

1. A person who fails to make a report required under Article 55 (1) or makes a false report or a person who refuses, obstructs, or evades an entry or investigation performed under that paragraph;

2. A person who refuses, obstructs, or evades an entry or temporary use conducted under Article 55 (2), or change or removal of obstacles conducted under that paragraph;

3. A person who fails to submit or report data required under Article 56 (1) or submits or reports false data or a person who refuses, obstructs, or evades an entry or investigation conducted under that paragraph.

(3) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Newly Inserted on Jan. 29, 2020>

1. A person who fails to report any change in matters for which permission to occupy or use public waters is granted, in violation of Article 9 (excluding subparagraph 3 of that Article);

2. A person who fails to report the transfer, etc. of rights and obligations, in violation of Article 16 (2);

3. A person who fails to receive an inspection on completion, in violation of Article 18 (1);

4. A person who fails to report the completion of works, in violation of Article 18 (2);

5. A person who refuses or obstructs the installation of a sign, or damages any installed sign, in violation of Article 19 (3).

(4) Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the competent management agency of public wasters or the competent reclamation license agency, as prescribed by Presidential Decree. <Amended on Jan. 29, 2020>

PUBLIC WATERS MANAGEMENT AND RECLAMATION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Exclusion from Application) #

Article 4(Management of Public Waters) #

Article 5(Prohibited Acts) #

Article 6(Removal of Derelict Ships) #

Article 7(Support for Project Costs) #

Article 8(Permission to Occupy or Use of Public Waters) #

Article 9(Reporting on Changes in Matters for Which Permission to Occupy or Use is Granted) #

Article 10(Consultations or Approval for Occupancy or Use of Public Waters) #

Article 11(Period of Permission to Occupy or Use) #

Article 12(Standards for Permission to Occupy or Use) #

Article 13(Collection of Fees for Occupancy or Use of Public Waters) #

Article 14(Adjustment of Occupancy or Use Fees) #

Article 15(Collection of Indemnification) #

Article 16(Transfer of Rights and Obligations) #

Article 17(Authorization of Implementation Plans for Occupancy or Use) #

Article 18(Inspection on Completion) #

Article 19(Cancellation of Permission to Occupy or Use) #

Article 20(Disposition for Public Interests) #

Article 21(Recovery) #

Article 22(Formulation of Master Plans for Reclamation of Public Waters) #

Article 23(Request for Reflection in Master Plans for Reclamation) #

Article 24(Details of Master Plans for Reclamation) #

Article 25(Cancellation of Reclamation Plans for Each Predetermined Land to Be Reclaimed) #

Article 26(Public Notice on Master Plans for Reclamation) #

Article 27(Change in Master Plans for Reclamation) #

Article 28(Reclamation Licenses) #

Article 29(Additional Clauses to Reclamation Licenses) #

Article 30(Standards for Reclamation License) #

Article 31(Scope of Right Holders Related to Reclamation of Public Waters) #

Article 32(Prevention of Losses and Compensation Due to Reclamation) #

Article 33(Public Notice for Reclamation Licenses) #

Article 34(Reclamation License Fees) #

Article 35(Reclamation Conducted by the State) #

Article 36(Small-Scale Reclamation Executed by the State) #

Article 37(Transfer of Control over Reclaimed Land) #

Article 38(Approval of Implementation Plans for Reclamation of Public Waters) #

Article 39(Authorization and Permission Deemed Granted) #

Article 39-2(Package Deal Consultation Meetings for Authorization and Permission Deemed Granted) #

Article 40(Reclamation Works) #

Article 41(Entry to Land) #

Article 42(Conveyance of Disused State-Owned or Public Land) #

Article 43(Transfer of Rights and Obligations of Reclamation of Public Waters) #

Article 44(Use of Reclaimed Land) #

Article 45(Inspection on Completion) #

Article 46(Acquisition of Reclaimed Land's Ownership) #

Article 47(Requests for Purchase of Remaining Reclaimed Land) #

Article 48(Restrictions on Changes in Purpose of Reclamation) #

Article 49(Exception of Restrictions on Changes in Purpose of Reclamation) #

Article 50(Acquisition of Revaluated Reclaimed Land's Ownership) #

Article 51(Confirmation of Use of Reclaimed Land) #

Article 52(Cancellation of Reclamation Licenses) #

Article 53(Invalidation of Reclamation Licenses) #

Article 54(Recovery) #

Article 55(Investigation Related to Management, Occupancy, or Use of Public Waters) #

Article 56(Report and Inspection Related to Reclamation of Public Waters) #

Article 57(Compensation for Losses Due to Disposition for Public Interests) #

Article 58(Hearings) #

Article 59(Construction and Operation of Information System for Management and Reclamation of Public Waters) #

Article 60(Delegation of Authority) #

Article 61(Re-Examination of Regulation) #

Article 62(Penalty Provisions) #

Article 63(Penalty Provisions) #

Article 64(Penalty Provisions) #

Article 65(Joint Penalty Provisions) #

Article 66(Administrative Fines) #