ENFORCEMENT DECREE OF THE PUBLIC WATERS MANAGEMENT AND RECLAMATION ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE PUBLIC WATERS MANAGEMENT AND RECLAMATION ACT — 법갈피

Article 9-2(Collection of opinions from interested parties) #

(1) Where the management agency of public waters intends to grant permission for occupancy or use of public waters, it shall hear opinions of interested parties, such as fishers, by the following methods in accordance with Article 8 (7) of the Act:

1. Public announcement and perusal;

2. Opinion surveys on fishers, etc. whose fishery activities are affected by the permission for occupancy or use of public waters.

(2) Where the management agency of public waters hears opinions by the method referred to in paragraph (1) 1, it shall publicly announce the following matters in the Official Gazette or public gazette and on the website, etc. of the management agency of public waters, and make them available for perusal by interested parties for at least 14 days from the date of public announcement:

1. Matters referred to in Article 7 (1) 1 through 3;

2. Period and method for submitting opinions;

3. Other matters that the management agency of public waters deems necessary to make public announcement, which are to be known to interested parties, such as fishers.

(3) A person who has an opinion on matters publicly announced in accordance with paragraph (2) may submit his or her opinion to the management agency of public waters in accordance with the period and method for submitting opinions under paragraph (2) 2.

(4) The management agency of public waters shall review the opinions submitted in accordance with paragraph (3) and notify the result thereof to the person who submitted the opinions within 30 days from the date of receipt of the opinions.

(5) In order to efficiently conduct an opinion survey referred to in paragraph (1) 2, the management agency of public waters may request necessary cooperation, such as selecting persons subject to the opinion survey, from a cooperative or the National Federation of Fisheries Cooperatives under the Fisheries Cooperatives Act.

(6) Except as provided in paragraphs (1) through (5), matters necessary for collecting opinions from interested parties regarding permission for occupancy or use of public waters shall be determined and publicly notified by the Minister of Oceans and Fisheries.

[This Article Added on Jul. 4, 2022]

Article 12(Entitled person) #

(1) "Person with rights prescribed by Presidential Decree" in the main clause, with the exception of its subparagraphs, of Article 12 (2) of the Act means any of the following persons: <Amended on Jun. 21, 2016; Aug. 26, 2020; Jan. 5, 2021; Jan. 10, 2023; Jun. 13, 2023>

1. A person who has obtained permission for occupancy or use under Article 8 of the Act;

2. A person who has obtained a reclamation license under Article 28 of the Act;

3. A piscary holder under subparagraph 9 of Article 2 of the Fisheries Act;

4. A person who holds a license for fishery business under Article 7 of the Fisheries Act or a license for aquaculture business under Article 10 of the Aquaculture Industry Development Act (excluding inland aquaculture business under paragraph (1) 7 of that Article);

5. A person who has obtained permission for the fishery business within a demarcated zone under Article 40 (3) of the Fisheries Act or permission for the inland saline aquaculture business under Article 43 (1) 1 of the Aquaculture Industry Development Act;

5-2. A person who has obtained permission for the business of producing seeds for fisheries under Article 21 of the Fisheries Seed Industry Promotion Act;

6. The owner or occupant of adjacent land or artificial structures;

7. The owner or occupant of a shipyard [only applicable to permission for, consultation on, or approval for public waters not exceeding 3 times the length of the maximum vessel that can be boarded from the tip of an underwater slipway (referring to structures and equipment that can lift a vessel onto the ground), which are public waters necessary for boarding a vessel at a shipyard].

(2) "Public works projects prescribed by Presidential Decree, such as national defense or prevention of natural disaster" in Article 12 (2) 2 of the Act means the following projects: <Amended on Jun. 13, 2023>

1. Projects for providing necessary facilities for national defense;

2. Projects to install establishments, such as breakwaters and banks, to prevent natural disasters, such as tidal waves.

(3) Where the management agency of public waters grants permission for, consultation on, or approval for occupancy or use, and a dispute arises between a person who intends to occupy and use public waters and a person who falls under any of the subparagraphs of paragraph (1) over a right likely to be compromised under the main clause, with the exception of its subparagraphs, of Article 12 (2) of the Act, it may refer to the opinion of the relevant agency according to the following classification: <Amended on Jul. 20, 2012; Mar. 23, 2013; Jan. 10, 2023; Jun. 13, 2023; Dec. 31, 2024>

1. Disputes in areas falling under subparagraph 1 a and b of Article 2 of the Act: Any of the following agencies:

(a) A fishery-related specialized investigation or research institute or education institution designated by the Minister of Oceans and Fisheries in accordance with subparagraph 4 b 1) of Appendix 10 of the Enforcement Decree of the Fisheries Act;

(b) An assessment agency registered in accordance with Article 33 of the Marine Use Impact Assessment Act;

2. Disputes in zones falling under subparagraph 1 (c) of Article 2 of the Act: Environmental impact assessment agents registered in accordance with Article 53 of the Environmental Impact Assessment Act.

(4) Where the management agency of public waters determines whether a right is likely to be compromised in accordance with Article 12 (2) of the Act, it shall examine the following criteria: <Amended on Jun. 13, 2023>

1. Whether the entitled person under each subparagraph of paragraph (1) becomes unable to use public waters or adjacent land according to the purpose of the relevant right by the relevant permission for, consultation on, or approval for, occupancy or use;

2. Whether the relevant public waters or adjacent land cannot be properly used without taking measures, such as installation of facilities to prevent damage.

Article 13(Calculation of occupancy or use fees of pubic waters) #

(1) Where the Minister of Oceans and Fisheries intends to collect occupancy or use fees (hereinafter referred to as "occupancy or use fees") under the former part, with the exception of its subparagraphs, of Article 13 (1) of the Act for public waters managed by him or her in accordance with Article 4 (2) of the Act, he or she shall collect an amount calculated by the calculation method prescribed by Decree of the Ministry of Oceans and Fisheries according to the standards classified as follows; in such cases, where an act under any item of subparagraph 3 is accompanied by an act subject to permission for occupancy or use under Article 8 (1) 1 of the Act, the standards for calculation under subparagraph 1 and the standards for calculation under any item of subparagraph 3 shall apply together: <Amended on Mar. 23, 2013; Feb. 28, 2022>

1. An act under Article 8 (1) 1, 2, 4, 7 through 9, and 11 of the Act: The price of land adjacent to the relevant public waters;

2. An act under Article 8 (1) 3 of the Act:

(a) Dredging for reclaiming, filling, or using dredged soil for aggregate: The market price of dredged soil surveyed by the method prescribed by Decree of the Ministry of Oceans and Fisheries;

(b) Dredging or excavating for any purpose other than that referred to in item a: The price of land adjacent to the relevant public waters;

3. An act under Article 8 (1) 5 of the Act:

(a) Drawing in or discharging water for use in the electric business: The capacity of an inflow pump or drainage pump;

(b) Drawing in or discharging water for purposes other than that referred to in item (a): The diameter of an inflow pipe or drainage pipe;

4. An act under Article 8 (1) 6 of the Act: The market price of earth, stones, and sand surveyed by the method prescribed by Decree of the Ministry of Oceans and Fisheries;

5. An act under Article 8 (1) 10 of the Act: The price of land adjacent to the relevant public water and the market price of earth, stones, and sand surveyed by the method prescribed by Decree of the Ministry of Oceans and Fisheries.

(2) "Price of land adjacent to the relevant public waters" in paragraph (1) means the price of land if there is any land adjacent to the relevant public waters, or the price of land nearest to the relevant public waters if there is no land adjoining the relevant public waters; provided, if the land adjacent to or nearest to the relevant public water surface is public land, such as roads, rivers, and banks, it shall mean the price of the land adjacent to the public land.

(3) Occupancy and use fees of public waters, other than public waters managed by the Minister of Oceans and Fisheries in accordance with the latter part, with the exception of its subparagraphs, of Article 13 (1) of the Act, shall be prescribed by ordinance of the relevant local government within the scope prescribed by the standards and methods for calculation under paragraph (1). <Added on Feb. 28, 2022>

(4) A person who has obtained permission for occupancy or use for at least 1 year in accordance with Article 11 (3) shall submit an annual occupancy or use plan and a written request for imposition of occupancy or use fees to the management agency of public waters 1 month before the period of imposition of the relevant occupancy or use fees expires. <Amended on Feb. 28, 2022>

(5) The deadline for payment of occupancy and use fees and other matters necessary for the collection thereof shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Feb. 28, 2022>

(6) Except as provided in paragraphs (1) through (5), matters necessary for the collection and calculation of occupancy or use fees shall be prescribed by Decree of the Ministry of Oceans and Fisheries or by ordinance of a local government. <Amended on Feb. 28, 2022>

Article 14(Reduction of, or exemption from, occupancy or use fees of pubic waters) #

(1) The management agency of public waters may reduce or exempt occupancy or use fees in accordance with the proviso, with the exception of its subparagraphs, of Article 13 (1) of the Act in accordance with the following standards: <Amended on Mar. 3, 2015; Aug. 9, 2017; Jun. 18, 2019; Feb. 28, 2022>

1. In cases falling under Article 13 (1) 1 through 10 and 13 of the Act: Full exemption (in cases of persons falling under paragraph (2) 7, 50/100 reduction);

2. In cases falling under Article 13 (1) 11 of the Act: 50/100 reduction; provided, the full amount will be exempted until December 31, 2020;

3. In cases falling under Article 13 (1) 12 or 14 of the Act: 50/100 reduction;

4. In cases falling under Article 13 (1) 15 of the Act: Reduction or exemption according to the rate determined and publicly notified by the management agency of public waters in consideration of the period during which public waters have not been occupied or used for their original purpose, the extent of damage, etc.

(2) "Person prescribed by Presidential Decree" in Article 13 (1) 1 of the Act means a person falling under any of the following: <Amended on Sep. 19, 2017>

1. A corporation that conducts projects entrusted by the State or a local government;

2. A person who installs official or public establishments which revert to the State or a local government;

3. Cooperatives, cooperatives' federation, fishing village fraternities under subparagraphs 4 and 5 of Article 2 and Article 15 of the Fisheries Cooperatives Act;

4. Sea Explorers of Korea under the Act on the Support for Sea Explorers of Korea;

5. A person who installs Expo facilities under subparagraph 1 of Article 2 of the Special Act on the Commemoration of and Follow-Up on the Expo 2012 Yeosu Korea;

6. School foundations under the Private School Act (limited to cases of establishment and operation of private schools);

7. A public organization other than those referred to in subparagraphs 1 through 6 (limited to cases for non-profit projects for the purpose of public interest).

(3) "Types of business prescribed by Presidential Decree" in Article 13 (1) 14 of the Act means the types of business determined through consultation between the Minister of Oceans and Fisheries and the heads of relevant central administrative agencies, for which reduction of, or exemption from, occupancy or use fees is necessary for support of any of the following areas: <Added on Jun. 18, 2019; Feb. 18, 2022>

1. An area designated as a special area for responding to industrial crisis in accordance with Article 10 (1) of the Special Act on Response to Local Industrial Crisis and Recovery of Local Economy;

2. An area designated and publicly notified in accordance with Article 32 of the Framework Act on Employment Policy and Article 29 of the Enforcement Decree of that Act;

3. An employment disaster area under Article 32-2 of the Framework Act on Employment Policy.

Article 18(Collection of indemnities) #

(1) Where the management agency of public waters intends to collect indemnities in accordance with the former part of Article 15 (1) of the Act, it shall investigate and confirm the relevant violations and then notify in writing that indemnities shall be paid, clearly stating the types of violations, the amount of indemnities, etc.

(2) The person in receipt of notification in accordance with paragraph (1) shall pay indemnities within 20 days from the date of receipt of the relevant notification; provided, where he or she fails to pay indemnities within the period due to natural disasters or unavoidable reasons, he or she shall pay indemnities within 7 days from the date when such reasons cease to exist.

(3) The collection of indemnities under paragraph (1) shall be made for the period of occupancy or use without obtaining permission for occupancy or use. In such cases, where the period during which permission for occupancy or use was not obtained exceeds 1 fiscal year, the amount of indemnities calculated for each fiscal year shall be aggregated and collected.

(4) The management agency of public waters shall collect additional charges equivalent to 3/100 of indemnities from a person who is obliged to pay the indemnities but fails to do so by the deadline under paragraph (2), in accordance with the latter part of Article 15 (1) of the Act. <Amended on Sep. 19, 2017>

(5) Where the management agency of public waters intends to collect additional charges under paragraph (4), it shall give written notice, demanding payment of the delayed indemnities and additional charges.

(6) The person in receipt of notice under paragraph (5) shall pay the delayed indemnities and additional charges within 20 days from the date of receipt of the relevant notice; provided, where he or she fails to pay additional charges within the period due to natural disasters or unavoidable reasons, he or she shall pay such charges within 7 days from the date when such reasons cease to exist.

(7) Article 15 shall apply mutatis mutandis to the installment payments of indemnities and additional charges. In such cases, "annual occupancy or use fees" shall be construed as "indemnities or additional charges by fiscal year".

(8) Article 16 shall apply mutatis mutandis to the settlement of indemnities and additional charges which have been overpaid or erroneously paid. In such cases, "occupancy or use fees" shall be construed as "indemnities or additional charges".

Article 20(Approval of implementation plan for occupancy or use) #

(1) "Acts that meet the requirements prescribed by Presidential Decree" in the former part of Article 17 (1) of the Act means any of the following acts: <Amended on Jul. 20, 2012>

1. Acts falling under Article 8 (1) 1 of the Act; provided, this shall exclude acts of installing artificial structure with a limited occupancy or use period of 6 months or less, or other similar artificial structure, and acts of installing artificial structure, recognized and publicly notified by the management agency of public waters, for which approval of the implementation plan is not required at the time of granting permission for occupancy or use;

2. Acts falling under Article 8 (1) 2 and 3 of the Act, among which the following acts fall under each item:

(a) Acts subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act;

(b) Acts of damaging other land or public waters, recognized and publicly notified by the management authority of public waters as requiring approval of the implementation plan for occupancy or use;

3. Acts falling under Article 8 (1) 4 of the Act.

(2) "Where ... intends to modify matters prescribed by Presidential Decree" in the latter part of Article 17 (1) of the Act means any of the following:

1. Where the scale of artificial structures is to be changed by 10/100 or more;

2. Where the total construction cost is to be changed by 10/100 or more;

3. Where the construction period is to be extended by 6 months or more.

(3) "Where ... intends to modify matters prescribed by Presidential Decree" in the latter part of Article 17 (2) of the Act means cased falling under paragraph (2) 2 or 3.

(4) A person who intends to extend the approval period or reporting period for the implementation plan for occupancy or use in accordance with Article 17 (4) of the Act shall submit a written statement on reasons for the extension to the management agency of public waters at least 20 days before the expiration of the period. <Amended on Jan. 10, 2017>

(5) The public notice on approval or reporting of the implementation plan for occupancy or use under Article 17 (5) of the Act shall include the following matters:

1. Name and address of a person who has obtained permission for occupancy or use (in the case of a corporation, referring to the name and address of the corporation and the name and address of its representative);

2. Details of construction;

3. Scheduled dates of commencement and completion of the project;

4. Date of approval of the implementation plan for occupancy or use or acceptance of a report thereon.

Article 24(Deposit of restoration costs) #

(1) In the case of permission for occupancy or use which the management agency of public waters deems it necessary to require the deposit of an amount equivalent to the costs for restoration (hereafter referred to as the "performance guarantee" in this Article) in accordance with Article 21 (7) of the Act, it shall require the person who has obtained such permission to submit a restoration plan and documents calculating the costs for restoration before applying for approval of the implementation plan for occupancy or use under the main clause of Article 17 (1) of the Act or before reporting the implementation plan for occupancy or use under the main clause of Article 17 (2) of the Act.

(2) The management agency of public waters shall review the restoration plan submitted in accordance with paragraph (1) and the costs required for restoration, and require the person who has obtained permission for occupancy or use to deposit an amount equivalent to the costs for restoration as a performance guarantee by the time of applying for approval of the implementation plan for occupancy or use under the main clause of Article 17 (1) of the Act or the time of reporting under the main clause of Article 17 (2) of that Act.

(3) Where the performance guarantee increases due to any modification in the implementation plan for occupancy or use, the management agency of public waters shall require the person who has deposited a performance guarantee in accordance with paragraph (2) to deposit the increased amount additionally when the person applies for approval for modification in the implementation plan for occupancy or use under the latter part of Article 17 (1) of the Act or reports the modification under the latter part of Article 17 (2) of that Act. In such cases, paragraphs (1) and (2) shall apply mutatis mutandis to the documents to be submitted by the person who deposited the performance guarantee and the calculation of the additional performance guarantee.

(4) The deposit of the performance guarantee shall, in principle, be made in cash, but may be substituted by the submission of a letter of guarantee, securities, etc. falling under any of the following subparagraphs:

1. A letter of guarantee, securities, etc. falling under each subparagraph of Article 37 (2) of the Enforcement Decree of the Act on Contracts to which the State Is a Party;

2. A letter of guarantee, securities, etc. falling under each subparagraph of Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party.

(5) Where a person who has deposited a performance guarantee fails to fulfill the obligation of restoration under Article 21 (1) of the Act, the management agency of public waters may restore public waters on behalf of the person who deposited the performance guarantee.

(6) Where the management agency of public waters restores public waters in accordance with paragraph (5), it shall apply the performance guarantee to the costs for such restoration and return any remaining amount to the person who deposited the performance guarantee. In such cases, Article 63 (1) of the Enforcement Decree of the Act on Contracts to Which the State is a Party shall apply mutatis mutandis to the direct use of the performance guarantee.

(7) Where a person who has deposited a performance guarantee fulfills the obligation of restoration under Article 21 (1) of the Act or is exempted from the obligation of restoration in accordance with paragraph (4) of that Article, the performance guarantee (including interest accrued if paid in cash) shall be returned without delay. <Amended on Jan. 10, 2017>

(8) Deleted. <Jan. 10, 2017>

(9) Deleted. <Jan. 10, 2017>

Article 33(Establishment of rights within predetermined land to be reclaimed) #

"Cases prescribed by Presidential Decree" in Article 26 (4) of the Act means the following cases: <Amended on Mar. 23, 2013; Jun. 21, 2016; Aug. 26, 2020; Jan. 10, 2023>

1. Where extension of the period of permission for occupancy or use of public waters is permitted, or consultation on or approval for extension of the consultation or approval period is agreed upon or granted to any person falling under any of the following subparagraphs at the time of formulating the master plan for reclamation:

(a) A person who has obtained permission for occupancy or use of public waters in accordance with Article 8 (1) of the Act;

(b) A person who has consulted on or obtained approval for occupancy or use of public waters in accordance with Article 10 (1) of the Act;

2. Where the Minister of Oceans and Fisheries deems it necessary for the efficient use and management of public waters, and temporarily grants any of the following permission, consultation, or approval before granting a reclamation license under Article 28 of the Act, on the condition of excluding the installation of facilities for compensation for losses or prevention of losses under Article 32 of the Act:

(a) Permission for occupancy or use of public waters under Article 8 (1) of the Act or permission for extension of the period for permission;

(b) Consultation on or approval for the occupancy or use of public waters under Article 10 (1) of the Act, or consultation for extension of the consultation or approval period, or approval for extension;

3. Where a report under Article 47 of the Fisheries Act is accepted within the validity period of the communal fishery right for a piscary holder under subparagraph 9 of Article 2 of that Act;

4. Where permission for extension of the validity period of a license for fishery business or a license for aquaculture business is granted or a license for fishery business or a license for aquaculture business is newly granted in the relevant public waters to a person who holds a license for fishery business under Article 7 of the Fisheries Act or a license for aquaculture business under Article 10 of the Aquaculture Industry Development Act (excluding inland aquaculture business under paragraph (1) 7 of that Article);

5. Where a license for fishery business or a license for aquaculture business is newly granted in the relevant public waters to a person who has obtained permission for the fishery business within a demarcated zone under Article 40 (3) of the Fisheries Act or permission the inland saline aquaculture business under Article 43 (1) 1 of the Aquaculture Industry Development Act;

6. Where permission for business of producing seeds for fisheries is newly granted in the relevant public waters to a person who has obtained permission for business of producing seeds for fisheries under Article 21 of the Fisheries Seed Industry Promotion Act.

Article 48(Application for approval of implementation plan for reclamation of public waters) #

(1) A person who intends to obtain approval of the implementation plan for reclamation of public waters (hereinafter referred to as "implementation plan for reclamation") in accordance with the former part of Article 38 (1) of the Act shall submit a written application for approval and related documents to the reclamation license agency, as prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(2) The reclamation license agency shall review whether the implementation plan for reclamation under paragraph (1) are appropriate. In such cases, if the total project cost exceeds 3 billion won, the review shall be requested to a specialized agency such as the Public Procurement Service.

(3) When approving the implementation plan for reclamation, the reclamation license agency shall reflect the results of the review under paragraph (2).

(4) A person who intends to obtain approval for modification of the implementation plan for reclamation in accordance with the latter part of Article 38 (1) of the Act shall submit a written application for approval for modification thereof and related documents to the reclamation license agency, as prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(5) "Unavoidable reasons prescribed by Presidential Decree, such as natural disasters" in the proviso of Article 38 (3) of the Act means any of the following: <Amended on Sep. 19, 2017>

1. Where the period is delayed due to the implementation of additional clauses imposed in accordance with Article 29 of the Act;

2. Where proceedings related to the relevant license are in progress;

3. Where a natural disaster or any other cause not attributable to the reclamation licensee occurs.

(6) The public notice on approval or approval for modification of the implementation plan for reclamation under Article 38 (5) of the Act shall include the following matters: <Amended on Sep. 19, 2017>

1. Date of approval of the implementation plan for reclamation (including the date of approval of modification thereof in the case of approval of modification);

2. Name and address of the reclamation licensee (in the case of a corporation, referring to the name and address of the corporation and the name and address of its representative);

3. Reclamation purpose;

4. Location and areas for reclamation works;

5. Project period (including the commencement date and the scheduled completion date) of reclamation works;

6. Reasons for modification of the implementation plan for reclamation and the details of modification (limited to cases of approval for modification);

7. Land use plan for predetermined land to be reclaimed.

(7) When approving or granting approval for modification of the implementation plan for reclamation received in accordance with paragraphs (1) and (4), the reclamation license agency shall consult with the head of the relevant administrative agency regarding the vesting of the ownership under Article 46 (1) 1 and 2 of the Act.

Article 51(Acquisition of ownership of reclaimed land and total project cost) #

(1) "Reclaimed land necessary to be used for official or public purposes as prescribed by Presidential Decree" in Article 46 (1) 1 of the Act means roads, revetments (shoreline and bank erosion prevention facilities), quay walls (wharf walls), small vessel piers, breakwaters, drainage facilities, parks, or reclaimed land necessary to be used for official or public purposes in accordance with other statutes and regulations. In such cases, reclaimed land necessary for national facilities shall be reverted to the State, and reclaimed land necessary for local government facilities shall be reverted to the local government. <Amended Jan. 5, 2021>

(2) When a reclamation licensee acquires the ownership of reclaimed land equivalent to the total project costs in accordance with Article 46 (1) 3 of the Act, the price of the relevant reclaimed land shall be calculated as a reasonable price considering the transaction prices of nearby similar land, and shall be based on the arithmetic mean of the values appraised by 2 or more appraisal corporations, etc. designated by the reclamation license agency, as prescribed by Decree of the Ministry of Oceans and Fisheries (referring to appraisal corporations, etc. under the Act on Appraisal and Certified Appraisers; hereinafter the same shall apply). <Amended on Mar. 23, 2013; Aug. 31, 2016; Jan. 21, 2022>

(3) Where the reclamation license agency recognizes that the appraisal value by appraisal corporations, etc. under paragraph (2) is not appropriate, or where the highest appraisal value among the appraisal values exceeds 130 percent of the lowest appraisal value, it may have at least 2 other appraisal corporations, etc. conduct a reappraisal. In such cases, the price of the relevant reclaimed land shall be based on the arithmetic mean of the reappraised appraisal values. <Amended on Jan. 21, 2022>

(4) "The aggregate of the amounts prescribed by Presidential Decree, such as investigation costs, design costs, net construction costs, and compensation costs" in Article 46 (1) 3 of the Act means the aggregate of the amounts of the following costs related to the relevant reclamation works based on the date of application for completion inspection of the relevant reclamation works:

1. Investigation costs: The survey costs and other investigation costs for the implementation of reclamation works, which are not included in the net construction costs, calculated based on the standards for determining the price of an engineering project under Article 31 of the Engineering Industry Promotion Act;

2. Design costs: The costs incurred in design necessary for the implementation of reclamation works, calculated based on the standards for determining the price of an engineering project under Article 31 of the Engineering Industry Promotion Act;

3. Net construction costs: The aggregate of material costs, labor costs, expenses, overhead expenses, and profits for the implementation of reclamation works, calculated based on the standards for determining budget prices under Article 9 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, the Government-standard estimated commodity prices and unit prices (referring to the prices publicly notified by the Government, if any);

4. Compensation costs: The actual compensation costs incurred for the implementation of reclamation works and the installation costs of loss prevention facilities;

5. Incidental costs: The aggregate of the costs referred to in each of the following subparagraphs:

(a) Construction supervision fees based on the standards for prices of engineering projects under Article 31 of the Engineering Industry Promotion Act;

(b) Insurance premiums under Article 4 of the Industrial Accident Compensation Insurance Act;

(d) The increase in construction costs due to price fluctuations calculated by applying mutatis mutandis Article 64 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party; in such cases, the increase in construction costs shall be based on the implementation period of the relevant reclamation works publicly notified in accordance with Article 48 (6) (referring to the period from the commencement date of the reclamation works to the application date for completion inspection; hereinafter the same shall apply), excluding any period other than the extended completion period recognized by the reclamation license agency as not attributable to the reclamation licensee, such as natural disasters or modifications in national plans;

(e) Taxes, public charges, and charges under statutes and regulations;

(f) Environmental impact assessment expenses, expenses for investigation of damage impact, reclaimed land appraisal fees under paragraphs (2) and (3), and all expenses incurred in the implementation of additional clauses of reclamation licenses;

6. Construction interest by process: Construction interest calculated as determined by the reclamation license agency on the aggregate from subparagraphs 1 through 5 (the interest rate shall be the weighted average deposit interest rate for time deposits of deposit banks announced by the Bank of Korea during the project period); in such cases, the construction interest shall be based on the implementation period of the relevant reclamation works as publicly notified in accordance with Article 48 (6), excluding any period other than the extended completion period recognized by the reclamation license agency as not attributable to the reclamation licensee, such as natural disasters or modifications in national plans.

(5) The expenses referred to in subparagraphs 1 to 5 of paragraph (4) shall be based on evidentiary documents, such as work contracts and tax invoices, and expenses not accompanied by such documents shall not be included in the total project costs.

Article 55(Scope of minor modification of reclamation purpose) #

(1) "Minor modifications of reclamation purpose prescribed by Presidential Decree" in the proviso of Article 48 (1) of the Act means any of the following cases:

1. Where the State or a local government changes all or part of a predetermined land to be reclaimed, reclaimed land, or reclaimed land that has passed the completion inspection to official or public use in accordance with relevant statutes and regulations;

2. Where reclaimed lands for harbor facility sites, shipbuilding facility sites, fishery harbor facility sites, and sites for logistics complexes and processing facilities (only applicable to sites for facilities for processing or handling agricultural, fishery, and livestock products) or reclaimed lands that have received completion inspections are mutually exchanged;

3. Where a reclamation licensee specifies 2 or more reclamation purposes in accordance with the latter part of Article 34 (2) and mutually exchanges the reclamation purposes within the scope of 10 percent of the total licensed reclamation area before the completion inspection of the reclamation works;

4. Where a reclamation licensee intends to continue using the area for which permission for occupancy or use was obtained in accordance with Article 8 of the Act at the time of obtaining the reclamation license for the purpose of such occupancy or use after the date on which the reclamation license was granted.

(2) The public notice regarding the confirmation of modification of reclamation purpose under Article 48 (3) of the Act shall include the following matters:

1. Date of confirmation of modification of reclamation purpose;

2. Name and address of a person who has obtained confirmation of modification of reclamation purpose (in the case of a corporation, referring to the name and address of the corporation and the name and address of its representative);

3. Reclamation purpose and land use plan before and after modification;

4. Location and area of the modified reclaimed land;

5. Reasons for modification of reclamation purpose.

Article 73(Delegation of authority regarding management of public waters) #

The Minister of Oceans and Fisheries shall delegate the following authority over public waters within the harbor zones of exclusive economic zones under Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf, national trade ports under Article 3 (2) 1 of the Harbor Act, and national coastal ports under Article 3 (3) 1 of that Act, in accordance with the former part of Article 60 (1) of the Act, to the Director General of a Regional Office of Oceans and Fisheries: <Amended on Jul. 4, 2022>

1. Order for removal of derelict ships, etc. under Article 6 of the Act and measures for removal and disposal of derelict ships, etc.;

2. Permission for occupancy or use and permission for modification under Article 8 of the Act, prior consultation and public notice thereof, and collection of opinions from interested parties regarding permission for occupancy or use;

3. Acceptance of reports on modification of matters of permission for occupancy or use under Article 9 of the Act;

4. Consultation on, or approval for, occupancy and use and consultation on, or approval for, modification thereof under Article 10 of the Act and Article 10 (2) and (5) of this Decree, prior consultation and public notice thereof, and collection of opinions from interested parties regarding consultation on, or approval for, occupancy and use;

5. Collection, reduction or exemption, and installment payment of occupancy or use fees and additional charges under Article 13 of the Act;

6. Adjustment of occupancy or use fees under Article 14 of the Act;

7. Collection and installment payment of indemnities and additional charges under Article 15 of the Act;

8. Acceptance of reports on transfer, etc. of rights and obligations under Article 16 of the Act;

9. Approval of implementation plans, approval for modification thereof, and acceptance of reports and reports on modification under Article 17 of the Act;

10. Completion inspection, confirmation of completion inspection, acceptance and public notice of construction completion under Article 18 of the Act;

11. Order for measures such as cancellation of permission, consultation, or approval, suspension of occupancy or use, and reconstruction or relocation of artificial structures, establishments, soil, stones, or other objects on public waters, and installation of signs under Article 19 of the Act;

12. Cancellation of permission for occupancy or use, suspension of occupancy or use, or order for renovation or relocation of artificial structures, establishments, and other objects under Article 20 of the Act;

13. Approval and notification of exemption from the obligation of restoration, order for restoration, necessary measures for restoration, measures for reversion to the State of artificial structures, etc., and measures for deposit and return of restoration costs under Article 21 of the Act;

14. Measures for deposit of performance guarantee under Article 21 (7) of the Act (including restoration of public waters under Article 24 (6) and appropriation and return of performance guarantee corresponding thereto);

15. Access to and investigation of business places or other necessary locations under Article 55 of the Act;

16. Compensation for losses and consultation on compensation for losses under Article 57 of the Act;

17. Hearing under Article 58 of the Act;

18. Imposition and collection of administrative fines under Article 66 of the Act.

[This Article Wholly Amended on Sep. 8, 2020]

Article 74(Delegation of authority regarding reclamation of public waters) #

(1) The Minister of Oceans and Fisheries shall delegate the following authority to the Director General of a Regional Office of Oceans and Fisheries within the harbor zone of national trade ports under Article 3 (2) 1 of the Harbor Act, reclaimed districts of public waters of 100,000 square meters or more under Article 28 (1) 2 of the Act, and reclaimed districts under Article 28 (2) of the Act, in accordance with the former part of Article 60 (2) of the Act: <Amended on Mar. 23, 2013; Aug. 9, 2017; Jul. 14, 2020>

1. Reclamation license, and consultation with the heads of relevant central administrative agencies, the Mayor/Do Governor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor under Article 28 of the Act;

2. Public notice regarding reclamation license under Article 33 of the Act;

3. Collection of and exemption from reclamation license fees under Article 34 of the Act;

4. Consultation and approval regarding reclamation of public waters implemented by the State or local governments under Article 35 (1) of the Act, and completion inspection under paragraph (4) of that Article;

5. Matters falling under subparagraphs 1, 2, 8 through 12, 14, and 16 through 20 among the matters applied mutatis mutandis in accordance with Article 35 (6) of the Act;

6. Consultation and approval regarding small-scale reclamation of public waters implemented by the State, etc. under Article 36 (1) of the Act, and consultation with relevant administrative agencies under paragraph (2) of that Article;

7. Transfer of control over reclaimed land resulting from government projects under Article 37 of the Act;

8. Approval, approval for modification, and public notice of implementation plan for reclamation under Article 38 of the Act;

9. Consultations with the heads of relevant administrative agencies under Article 39 (3) of the Act;

10. Permission for use before the completion inspection on reclaimed land under Article 44 of the Act;

11. Completion inspection on reclamation works under Article 45 of the Act;

12. Notification of matters regarding the acquisition of ownership of reclaimed land under Article 46 (4) of the Act;

13. Confirmation and public notice under Article 48 of the Act;

14. Approval for modification of reclamation purpose and consultation with the heads of relevant central administrative agencies and Mayors/Do Governors, and public notice thereon following the relevant approval for modification under Article 49 of the Act;

15. Registration and record regarding the ownership of revaluated reclaimed land, and other necessary measures for the preservation of rights under Article 50 (2) of the Act;

16. Confirmation of use of reclaimed land under Article 51 of the Act;

17. Cancellation of approval for reclamation licenses or implementation plans for reclamation, construction suspension order, reconstruction, removal, repair, prohibition or restriction of use, or restoration of buildings, establishments, etc., or other necessary measures, and installation of signs under Article 52 of the Act;

18. Reinstatement of the effects of reclamation license under Article 53 (3) and (4) of the Act;

19. Restoration order, measures necessary for restoration, exemption from the obligation of restoration and notification of exemption status, measures for reversion of reclaimed land, buildings, establishments, or other artificial structures to the State, and measures for deposit and return of performance guarantee under Article 54 of the Act;

20. Orders for submission of data or reporting, entry inspections and inquiries of books, documents, or other objects under Article 56 of the Act;

21. Compensation for losses and consultation on compensation for losses under Article 57 of the Act;

22. Hearing under Article 58 of the Act;

23. Imposition and collection of administrative fines under Article 66 of the Act.

(2) The Minister of Oceans and Fisheries shall delegate the authority regarding each subparagraph of paragraph (1) within the coastal ports under Article 3 (1) 2 of the Harbor Act and regional trade ports under Article 3 (2) 2 of that Act to the Mayor/Do Governor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor in accordance with the former part of Article 60 (2) of the Act. <Amended on Mar. 23, 2013; Aug. 9, 2017>

(3) The case where a Mayor/Do Governor may re-delegate part of the authority delegated in accordance with paragraph (2) to the head of a Si/Gun/Gu after obtaining approval from the Minister of Oceans and Fisheries in accordance with the latter part of Article 60 (2) of this Act shall only apply when the reclamation license area does not span 2 or more Si/Gun/autonomous districts. <Amended on Mar. 23, 2013>

ENFORCEMENT DECREE OF THE PUBLIC WATERS MANAGEMENT AND RECLAMATION ACT

Article 1(Purpose) #

Article 2(Management of public waters) #

Article 3(Removal of derelict ships) #

Article 4(Application for permission for occupancy or use of public waters) #

Article 5(Scope of submerged land) #

Article 6(Scope of buildings) #

Article 7(Prior consultation on permission for occupancy or use) #

Article 8(Permission for modification of matters of permission for occupancy or use) #

Article 9(Public notice) #

Article 9-2(Collection of opinions from interested parties) #

Article 10(Consultations on or approval for occupancy or use of public waters) #

Article 11(Priority order of permission for occupancy or use) #

Article 11-2(Considerations for permission for occupancy or use) #

Article 12(Entitled person) #

Article 13(Calculation of occupancy or use fees of pubic waters) #

Article 14(Reduction of, or exemption from, occupancy or use fees of pubic waters) #

Article 15(Installment payment) #

Article 15-2(Collection of additional charges) #

Article 16(Settlement of occupancy or use fees overpaid or erroneously paid) #

Article 17(Adjustment formula for occupancy or use fees) #

Article 18(Collection of indemnities) #

Article 19(Transfer of rights and obligations) #

Article 20(Approval of implementation plan for occupancy or use) #

Article 21(Application for completion inspection) #

Article 22(Exemption from obligation of restoration) #

Article 23(Reversion of artificial structures) #

Article 24(Deposit of restoration costs) #

Article 25(Formulation of master plans for reclamation of public waters) #

Article 26(Request for reflection in master plan for reclamation) #

Article 27(Investigation of request for reflection in master plan for reclamation) #

Article 28(Request for data) #

Article 29(Cost bearing for investigation or survey) #

Article 30(Priority order of master plan for reclamation) #

Article 31(Changes in marine environment and ecosystem due to reclamation) #

Article 32(Public notice of master plan for reclamation) #

Article 33(Establishment of rights within predetermined land to be reclaimed) #

Article 34(Application for reclamation license) #

Article 35(Exceptions to restrictions on reclamation of public waters) #

Article 36(Priority order of reclamation license) #

Article 37(Additional clauses to reclamation licenses) #

Article 38(Standards for reclamation license) #

Article 39(Scope of areas expected to be damaged by reclamation) #

Article 40(Loss prevention facilities and compensation for loss) #

Article 41(Application for adjudication) #

Article 42(Public notice of reclamation licenses) #

Article 43(Collection of reclamation license fees) #

Article 44(Exemption from reclamation license fees) #

Article 45(Reclamation executed by the State) #

Article 46(Small-scale reclamation executed by the State) #

Article 47(Transfer of created reclaimed land) #

Article 48(Application for approval of implementation plan for reclamation of public waters) #

Article 48-2(Joint council for authorization or permission deemed granted) #

Article 49(Conveyance of disused state-owned or public land) #

Article 49-2(Transfer of rights and obligations of reclamation of public waters) #

Article 50(Application for completion inspection) #

Article 51(Acquisition of ownership of reclaimed land and total project cost) #

Article 52(Additional registration on matters on restrictions on exercise of ownership of reclaimed land) #

Article 53(Notification of matters regarding acquisition of ownership of reclaimed land) #

Article 54(Sale price of remaining reclaimed land) #

Article 55(Scope of minor modification of reclamation purpose) #

Article 56(Application for approval for modification of reclamation purpose) #

Article 57(Criteria for calculation of revaluated reclaimed land) #

Article 58(Methods of revaluating reclaimed land) #

Article 59(Public notice of approval for modification of reclamation purpose) #

Article 60(Confirmation of reclaimed land use) #

Article 61(Reasons for revocation of reclamation license) #

Article 62(Public notice of revocation of reclamation license) #

Article 63(Requirements for restoration of effect of reclamation license) #

Article 64(Requirements for exemption from obligation of restoration) #

Article 65(Procedures for reversion to the State of facilities exempt from obligation of restoration) #

Article 66(Criteria and timing for deposit of performance guarantee) #

Article 67(Use of performance guarantee) #

Article 68(Return of performance guarantee) #

Article 69(Notification of investigation results) #

Article 70(Submission of data) #

Article 71(Application for adjudication) #

Article 72(Operation of information system for management and reclamation of public waters) #

Article 73(Delegation of authority regarding management of public waters) #

Article 74(Delegation of authority regarding reclamation of public waters) #