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FISHING MANAGEMENT AND PROMOTION ACT — 법갈피

영문법령 / FISHING MANAGEMENT AND PROMOTION ACT

FISHING MANAGEMENT AND PROMOTION ACT

법률일부개정시행 2025-06-21해양수산부 · 제20597호 · 공포 2024-12-20

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to create a healthy fishing culture and protect fishery resources, contributing to the development of fishing-related industries as well as agricultural and fishing villages, thereby improving the quality of life of the people by prescribing matters concerning the management and promotion of fishing.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "fishing" means the activity of catching fish, shellfish, crustacea and other aquatic animals prescribed by Presidential Decree using tackle including a fishing rod, fishing line, fish hook, etc. (hereinafter referred to as "fishing tackle");

2. The term "fisherman" means a person who fishes or intends to fish at a fishing place;

3. The term "fishing place" means a place, such as the sea, seaside or inland waters, where fishing is done;

4. The term "fishing place business" means a business of providing a place and conveniences so that fishermen can fish, by dividing a specific body of water and installing facilities in a fishing place for profit-making purposes;

5. The term "fishing place proprietor" means a person who operates a fishing place business, and has obtained permits pursuant to Article 10 or has registered his or her business pursuant to Article 16;

6. The term "fishing vessel business" means the business of taking fishermen on board a fishing vessel and guiding them to a fishing place, or allowing them to fish on the fishing vessel;

7. The term "fishing vessel" means a fishing vessel registered pursuant to the Fishing Vessels Act, which is used for the fishing vessel business;

8. The term "fishing vessel proprietor" means a person who operates fishing vessel business, and has reported pursuant to Article 25;

9. The term "bait" means a paste bait, etc. used to attract and catch aquatic animals;

10. The term "manager of a body of water" means a person who owns or occupies and uses a body of water, etc. falling under Article 3, or substantially controls such body of water by other methods.

Article 6(Fishing restricted areas) #

(1) A Special Self-Governing Province Governor, a Special Self-Governing City Mayor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu, and in the case of the han river in the jurisdiction of the Seoul Metropolitan Government, referring to the head of an agency who is in charge of affairs concerning the management of the Han River; hereinafter referred to as "head of a Si/Gun/Gu") may designate and announce a specific area as a fishing-restricted area, for the protection of aquatic ecosystems and fishery resources and the prevention of accidents of fishermen, etc. In such cases, if the manager of a body of water separately exists, he or she shall consult in advance with the manager of such body of water. <Amended on Aug. 20, 2019>

(2) Where the purpose of designating a fishing-restricted area under paragraph (1) has been achieved, or the designating purpose has been lost, or it is necessary to additionally designate an area adjacent to the area subject to designation in order to achieve the original purpose of designation, the head of a Si/Gun/Gu shall fully or partially revoke the designation of the fishing-restricted area, or change the area subject to designation and announce such change. In such cases, if the manager of a body of water separately exists, he or she shall consult with the manager of such body of water in advance.

(3) Where the head of a Si/Gun/Gu designates a fishing-restricted area pursuant to paragraph (1), or changes or revokes such designation pursuant to paragraph (2), he or she shall officially announce on the Official Gazette or the website of the relevant local government such matters prescribed by Presidential Decree as the name and location of the a fishing-restricted area, and has maps etc. in place so that the general public may read them, and install a bulletin board with the official announcements in the fishing-restricted area. <Amended on Feb. 18, 2020>

(4) In designating a fishing-restricted area under paragraph (1), the standard, content and installation place of a bulletin board shall be prescribed by Decree of the Ministry of Oceans and Fisheries, and matters for consideration, such as the period of restriction, procedures for designation, revocation or change of designation, and other necessary matters shall be prescribed by Ordinance of the relevant Special Self-Governing Province, Special Self-Governing City or Si/Gun/Gu (referring to an autonomous Gu, and in the case of the Han River in the jurisdiction of the Seoul Metropolitan Government, referring to an agency that is in charge of affairs concerning the management of the Han River; hereinafter referred to as "Si/Gun/Gu"). <Amended on Mar. 23, 2013; Aug. 20, 2019>

Article 10(Permits for fishing place business) #

(1) Any person who intends to operate a fishing place business on the bodies of water referred to in subparagraphs 1 through 4 of Article 3 shall obtain permits from the head of a Si/Gun/Gu having jurisdiction over the relevant body of water, etc., as prescribed by Decree of the Ministry of Oceans and Fisheries. The same shall apply where he or she intends to change the location and area of the fishing place and other important matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

(2) Where a body of water, etc. on which a person intends to obtain permits for a fishing place business extends over at least two Sis/Guns/Gus, he or she shall obtain permits from the head of a Si/Gun/Gu having jurisdiction over a body of water with the larger surface area on which he or she intends to obtain permits to operate such business.

(3) Where the head of a Si/Gun/Gu intends to grant permits to a fishing place business, he or she shall consider matters concerning the environmental pollution conditions, such as the purpose or water quality of the relevant body of water, the condition of fishery resources, interests with the fishing personnel, the safety of fishermen, etc.

(4) Where the head of a Si/Gun/Gu permits fishing place business on a body of water, etc. falling under subparagraphs 1 and 2 of Article 3 pursuant to paragraph (1), he or she shall promptly notify the matters permitted to the head of the competent regional station of the Korea Coast Guard. <Added on May 29, 2016; Jul. 26, 2017>

(5) Where a person obtains permission to operate fishing place business under paragraph (1) on a body of water, etc. falling under subparagraph 4 of Article 3, he or she shall be deemed to have obtained the following permission or approval: <Amended on May 29, 2016; Dec. 27, 2016>

1. Permission to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act;

2. Approval for using agricultural production infrastructure under Article 23(1) of the Rearrangement of Agricultural and Fishing Villages Act.

(6) Where applications for permission with respect to a body of water, etc. on the same location are filed concurrently, the head of a Si/Gun/Gu may grant permits in order of precedence prescribed by Presidential Decree.

Article 14(Revocation of permission) #

(1) Where a fishing place proprietor who has obtained permits pursuant to Article 10 falls under any of the following cases, the head of a Si/Gun/Gu shall revoke such permits, or order him or her to fully or partially suspend the business, for a fixed period not exceeding six months; provided, where he or she falls under subparagraph 1 or 2, the head of a Si/Gun/Gu shall revoke such permits: <Amended on May 29, 2016; Dec. 31, 2018; Dec. 22, 2020>

1. Where he or she has obtained permits for a fishing place business or permits for the modification thereof, or an extension of a period of validity of permit for a fishing place business by fraud or other improper means;

2. Where he or she operates business during the suspension of business;

3. Where he or she fails to operate business within one year after he or she has obtained permits, or continuously suspends business for at least one year without good cause;

4. Where he or she operates a fishing place business without permits for change thereof under the latter part of Article 10(1);

5. Where he or she fails to meet any of the criteria for permits under Article 11;

6. Where a fishing place proprietor has filed a report on the closure of business to the head of the competent tax office pursuant to Article 8(8) and (9) of the Value-Added Tax Act, or the head of the competent tax office has cancelled registration of a business proprietor.

(2) No person whose business permits have been revoked pursuant to paragraph (1) (excluding where business permits have been revoked pursuant to subparagraph 6 of the same paragraph) shall apply for permits for a fishing place business until one year after the date of revocation of the business permits.

(3) If necessary to revoke permits under paragraph (1), the head of a Si/Gun/Gu may request the head of the competent tax office to provide information about whether a fishing place proprietor filed a report on the closure of business or whether the registration of a business proprietor was cancelled. In such cases, the head of the competent tax office upon receipt of such request shall provide the relevant information to the head of the Si/Gun/Gu without delay. <Added on Dec. 31, 2018>

(4) Specific criteria for disposition under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 31, 2018>

Article 19(Revocation of registration) #

(1) Where a fishing place proprietor registered pursuant to Article 16 falls under any of the following cases, the head of a Si/Gun/Gu may revoke such registration or order him or her to fully or partially suspend his or her business, within a fixed period not exceeding six months; provided, where he or she falls under subparagraph 1 or 2, the head of a Si/Gun/Gu shall revoke his or her registration: <Amended on Dec. 31, 2018; Dec. 22, 2020>

1. Where he or she has registered a fishing place business or the modifications thereof, or has obtained an extension of the period of validity of registration of a fishing place business by fraud or other improper means;

2. Where he or she operates business during the suspension of business;

3. Where he or she operates a fishing place business without registering the modification thereof under the latter part of Article 16(1);

4. Where he or she fails to meet any of the criteria for registration of a fishing place business referred to in Article 17;

5. Where a fishing place proprietor has filed a report on the closure of business to the head of the competent tax office pursuant to Article 8(8) and (9) of the Value-Added Tax Act, or the head of the competent tax office has cancelled registration of a business proprietor.

(2) No person whose registration of business has been revoked pursuant to paragraph (1) (excluding where the registration has been revoked pursuant to subparagraph 5 of the same paragraph) shall file an application for registration of a fishing place business, until one year after the date such registration was revoked. <Amended on Dec. 31, 2018>

(3) If necessary to revoke registration under paragraph (1), the head of a Si/Gun/Gu may request the head of the competent tax office to provide information about whether a fishing place proprietor filed a report on the closure of business or whether the registration of a business proprietor was cancelled. In such cases, the head of the competent tax office upon receipt of such request shall provide the relevant information to the head of the Si/Gun/Gu without delay. <Added on Dec. 31, 2018>

(4) Specific criteria for disposition under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 31, 2018>

Article 23(Disposition of closure) #

(1) The head of a Si/Gun/Gu may require the relevant public official to order a person who falls under any of the following subparagraphs to close the relevant fishing place:

1. A person who operates business without obtaining permits, in violation of Article 10(1), or without registering his or her business, in violation of Article 16(1);

2. A person who continues to operate business after the permits have been revoked pursuant to Article 14(1) or registration has been revoked pursuant to Article 19(1).

(2) The head of a Si/Gun/Gu may have the relevant public official take the following measures for the closure referred to in paragraph (1):

1. Removal or elimination of a signboard or other business markings in the relevant fishing place;

2. Posting a notice, etc. notifying that the relevant fishing place is an unlawful fishing place;

3. Sealing to prohibit the use of facilities of the relevant fishing place or other apparatus used for business.

(3) Where the head of a Si/Gun/Gu deems it necessary to maintain a seal after sealing under paragraph (2)3, or a fishing place proprietor or his or her agent requests the head of a Si/Gun/Gu to unseal facilities or other apparatus by promising the closure of the relevant fishing place or with other just causes, the head of a Si/Gun/Gu may unseal such facilities or apparatus.

(4) Where the head of a Si/Gun/Gu intends to close a fishing place pursuant to paragraph (1), he or she shall notify the relevant fishing place proprietor or his or her agent of the closure thereof in writing in advance; provided, this shall not apply in urgency, such as where the fishing place should be closed urgently because a safety accident has occurred.

(5) Measures taken under paragraph (2) shall be limited to the minimum extent necessary for stopping such business.

(6) The relevant public official who closes a fishing place pursuant to paragraphs (1) and (2) shall carry a certificate indicating his or her authority and produce it to the persons concerned.

Article 29(Obligations for safe navigation of fishing vessel proprietors) #

(1) A fishing vessel proprietor and his or her crew shall take necessary measures for safe navigation, such as checking the safety of the fishing vessel and weather conditions, and navigate the fishing vessel safely according to the conditions of a body of water, so that no harm may be brought to passengers aboard the fishing vessel.

(2) No fishing vessel proprietor and crew shall perform any of the following acts: <Amended on May 29, 2016; Oct. 31, 2017; Aug. 20, 2019>

1. Fishing during business;

2. Taking persons unfit for boarding, such as a person under 14 years of age not accompanied by his or her guardian or a mental patient defined in subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients, on board;

3. Other acts deemed to harm the safe navigation of a fishing vessel.

(3) For the safe navigation of a fishing vessel, a fishing vessel proprietor and his or her crew may have all persons on board, including passengers on board the fishing vessel, wear a life jacket. In such cases, where a passenger does not wear a life jacket, they may refuse his or her boarding. <Amended on May 29, 2016>

(4) For preventing safety accidents, protecting fishery resources, or preventing the environmental pollution, a fishing vessel proprietor and his or her crew shall inform the following matters to passengers on board before departing from a port, as prescribed by the Minister of Oceans and Fisheries: <Added on Dec. 31, 2018>

1. Matters regarding safety, such as methods for safe loading and unloading, a place for keeping lifesaving equipment and fire extinguishers and the manuals for them, emergency signals, the location of gathering place and an evacuation method in an emergency, telephone numbers of agencies related to lifesaving, and how to cope with emergencies;

2. Matters regarding the protection of fishery resources, such as the length, weight, etc. of aquatic animals not to be caught by fishing;

3. Matters regarding the prevention of environmental pollution, such as prohibiting garbage dumping.

Article 30(Prohibition of navigation under influence of alcohol) #

(1) No fishing vessel proprietor and crew shall navigate a fishing vessel under the influence of alcohol or have a fishing vessel proprietor or his or her crew under the influence of alcohol navigate the fishing vessel. In such cases, "under the influence of alcohol" means under the influence of alcohol under Article 39 (4) of the Sea Traffic Safety Act. <Amended on Jun. 15, 2011; Jul. 25, 2023>

(2) Where any person who falls under the following (hereinafter referred to in this Article as "relevant public official") finds a considerable reason to the extent that he or she deems that a fishing vessel proprietor and his or her crew have violated paragraph (1), he or she may measure as to whether the fishing vessel proprietor and his or her crew are under the influence of alcohol: In such cases, the fishing vessel proprietor and his or her crew shall comply with such measurement:

1. A police office;

2. A person who engages in the affairs of water safety among the public officials belong to a Si/Gun/Gu.

(3) Where the relevant public official (excluding a uniformed police officer) measures as to whether a fishing vessel proprietor and his or her crew are under the influence of alcohol pursuant to paragraph (2), he or she shall carry a certificate of character indicating his or her authority and produce it to the relevant fishing vessel proprietor and his or her crew.

(4) Where a fishing vessel proprietor and his or her crew are dissatisfied with the result of measurement under paragraph (2), the relevant public official may remeasure by methods of blood collection, etc. with the consent of the relevant fishing vessel proprietor and his or her crew.

(5) Where a fishing vessel proprietor or his or her crew falls under a drunken state under the latter part of paragraph (1) as a result of measurement under paragraph (2) or (4), the relevant public official shall take necessary measures, such as restrictions on navigation or boarding, with respect to the relevant fishing vessel proprietor or his or her crew.

Article 38(Closure of business) #

(1) Where a fishing vessel proprietor falls under any of the following subparagraphs, the head of a Si/Gun/Gu may order him or her to close his or her business or to suspend his or her business for a fixed period not exceeding three months; provided, where he or she falls under subparagraphs 1 through 4, the head of a Si/Gun/Gu shall order him or her to close his or her business: <Amended on Aug. 20, 2019>

1. Where he or she has operated fishing vessel business without filing a report on the fishing vessel business under the former part of Article 25(1);

2. Where he or she has reported the fishing vessel business by deception or other unlawful means;

3. Where a fishing vessel has been de-registered pursuant to the Fishing Vessels Act;

4. Where he or she operates business during the suspension of business;

5. Where a safety accident has occurred due to the intention, gross negligence, or a negligence of duty of care of a fishing vessel proprietor or his or her crew;

6. Where he or she fails to meet requirements for reporting the fishing vessel business under Article 25;

7. Where he or she has encroached upon a business area for the fishing vessel business under Article 27;

8. Where he or she or his or her crew has navigated a fishing vessel under the influence of alcohol in a state that passengers are aboard the fishing vessel, in violation of Article 30(1);

9. Where he or she or his or her crew has navigated a fishing vessel under the influence of drugs after passengers are aboard the fishing vessel, in violation of Article 31;

10. Where he or she fails to buy an insurance policy or to subscribe to mutual aid under Article 48.

(2) A person who receives an order to close his or her business pursuant to paragraph (1) shall not report the fishing vessel business until two years after the date his or her business is closed. <Amended on Aug. 20, 2019>

(3) Specific criteria for disposition under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

Article 43(Master plan to promote fishing) #

(1) The Minister of Oceans and Fisheries shall formulate and implement a master plan to promote fishing every five years for the development of the fishing industry and fishing-related industries. <Amended on Mar. 23, 2013>

(2) When the Minister of Oceans and Fisheries formulates a master plan to promote fishing under paragraph (1), he or she shall seek opinions from related experts, etc., and when he or she deems the presented opinions appropriate, he or she shall reflect such opinions in the master plan. <Amended on Mar. 23, 2013>

(3) The following matters shall be included in a master plan to promote fishing under paragraph (1):

1. The basic objectives of the promotion of fishing and the direction of the promotion thereof;

2. Matters concerning the reinforcement of connection between fishing-related industries and fisheries;

3. Matters concerning the creation and protection of fishery resources subject to fishing;

4. Matters concerning the creation of the foundation of fishing;

5. Other matters necessary for the promotion of fishing.

(4) The Minister of Oceans and Fisheries shall formulate and implement yearly plans within the limits of a master plan to promote fishing under paragraph (1) in consideration of the current status of fishing and the trends of fishing-related industries, and shall endeavor to secure financial resources necessary therefor. <Amended on Mar. 23, 2013; Dec. 31, 2018>

(5) When necessary for formulating and implementing a master plan to promote fishing under paragraph (1) and yearly plans under paragraph (4), the Minister of Oceans and Fisheries may request the heads of the relevant local governments to provide cooperation with him or her. In such cases, the heads of the relevant local governments requested to provide cooperation shall comply with his or her request, except in extenuating circumstances. <Amended on Mar. 23, 2013>

(6) Where the Minister of Oceans and Fisheries formulates or modifies a master plan to promote fishing and yearly plans under paragraphs (1) and (4), he or she shall notify such fact to the head of a related local government and submit it to the competent Standing Committee of the National Assembly without delay. <Added on Dec. 31, 2018>

(7) Where the Minister of Oceans and Fisheries formulates or modifies a master plan to promote fishing and yearly plans under paragraphs (1) and (4), he or she shall announce such fact as prescribed by Decree of the Ministry of Oceans and Fisheries. <Added on Dec. 31, 2018>

Article 50(Access and inspection) #

(1) Where the Minister of Oceans and Fisheries, the Mayor/Do Governor or the head of a Si/Gun/Gu deems it necessary for the guidance and supervision of fishing-related business and ensuring the safety of baits, he or she may have persons who manufacture, import, sell or store fishing tackle, and fishing place proprietors, fishing vessel proprietors, persons who manufacture, import, sell or store baits and other relevant persons make necessary reports or submit necessary data, and have the relevant public officials (including fisheries supervising officials under Article 69 of the Fisheries Act) have access to the following places to inspect facilities, books or other articles or inquire of the persons concerned: <Amended on Mar. 23, 2013; Aug. 20, 2019; Jan. 11, 2022>

1. A place where fishing tackle is manufactured, imported, sold or stored;

2. A fishing place open for business after obtaining permits for a fishing place business pursuant to Article 10 or after registering a fishing place business pursuant to Article 16;

3. A fishing vessel open for business after reporting the fishing vessel business pursuant to Article 25;

4. A place where baits are manufactured, imported, sold or stored;

5. Other fishing-related places, including game fishing places, under Article 62 of the Fisheries Act.

(2) Where the relevant public official conducts an inspection pursuant to paragraph (1), he or she may collect minimal necessary articles free of charge.

(3) Where the relevant public official has access to a place or conducts an inspection pursuant to paragraph (1), the relevant persons, such as a fishing place proprietor or fishing vessel proprietor shall not refuse, interfere with or evade his or her access or inspection without good cause.

(4) The relevant public official who has access to a place or conducts an inspection pursuant to paragraph (1) shall carry a certificate of character indicating his or her authority and produce it to the persons concerned.

(5) Procedures for access, inspection, etc. under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

Article 53(Penalty provisions) #

(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment of not more than one year or by a fine not exceeding ten million won:

1. A person who has manufactured or imported harmful fishing tackle for sale, in violation of the main clause of Article 8(1);

2. A person who has operated a fishing place business without obtaining permits for a fishing place business or permits for change thereof under Article 10(1);

3. A person who has obtained permits for a fishing place business or permits for change by deception or other unlawful means;

4. A person who has removed or damaged a notice or seal attached by the relevant public official pursuant to Article 23(2)2 and 3 respectively;

5. A person who has manufactured or imported baits breaching the standards for baits, for sale, in violation of Article 41.

(2) Any person who falls under any of the following shall be punished by imprisonment of not more than six months or by a fine not exceeding five million won: <Amended on Jun. 15, 2011; May 29, 2016; Aug. 20, 2019; Jul. 25, 2023>

1. A person whose fishing place business or change thereof has been registered by deception or other unlawful means;

2. A person who operates a fishing place business without registering the business or change thereof under Article 16(1);

3. A person who releases release-prohibited fish to a fishing place operated by a fishing place proprietor, in violation of Article 20(1)1;

3-2. A person who refuses or evades an order issued under subparagraph 1 or 2 of Article 20-2;

4. A person who operates fishing vessel business without reporting the fishing vessel business under the former part of Article 25(1);

5. A person who navigates a fishing vessel under the influence of alcohol in a place exempt from the application of the Sea Traffic Safety Act, such as on a river, lake or marsh where no vessel navigating in the ocean can continue navigation, or a person who allowed another person under the influence of alcohol to navigate a fishing vessel, in violation of Article 30(1);

6. A person who fails to comply with measurement by the relevant public official under Article 30(2) though there is a considerable reason that he or she is deemed to have navigated a fishing vessel under the influence of alcohol in a place exempt from the application of the Sea Traffic Safety Act, such as on a river, lake or marsh where no vessel navigating at sea can continue navigation;

6-2. A person who operates a fishing vessel under the influence of drugs or has another person under the influence of drugs operate the fishing vessel in a place not governed by the Sea Traffic Safety Act, such as rivers, marshes and lakes where seagoing vessels cannot continue navigating, in violation of Article 31;

6-3. A person who fails to report arrival at and departure from a port under Article 33(1) or who arrives at and departs from a port after making a false report;

7. A person who leaves port, in violation of measures for restrictions on departure from port under Article 34(1);

8. A person who refuses or evaded an order under Article 35(1)1,2, or 2-2;

9. A person who continues to operate the fishing vessel business which is closed pursuant to Article 38(1).

Article 55(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Jun. 15, 2011; May 29, 2016; Dec. 31, 2018; Aug. 20, 2019; Jul. 25, 2023>

1. A person who fishes in a fishing-restricted area designated and announced by Article 6(1);

2. A person who disposes of sewage or waste, in violation of subparagraph 1 of Article 7;

3. A person who disposes of fishing tackle or baits without using them for fishing purposes, in violation of subparagraph 2 of Article 7;

4. A person who catches any aquatic animal, in violation of the criteria for restrictions on fishing under subparagraph 3 of Article 7;

5. A person who sells an aquatic animal captured by fishing to other persons, or stores, transports or displays such animal for the purpose of sale, in violation of Article 7-2;

6. A person who uses or sells harmful fishing tackle (including providing many unspecified people with harmful fishing tackle) or stores, transports or displays harmful fishing tackle for sale, in violation of the main clause of Article 8(1);

7. A person who violates matters to be observed by a fishing place proprietor and his or her employees under Article 20(1)2 through 4;

8. A person who refuses or evades an order issued under subparagraph 3 of Article 20-2;

9. A person who fails to report the fact of succession to a fishing place business by the fixed deadline, in violation of Article 21(3);

10. A person who fails to undergo a safety survey of a fishing vessel, in violation of Article 25-2(1);

11. A person who violates the duty of a fishing vessel proprietor, etc. to ensure safe navigation under Article 29(2) and (3);

11-2. A person who violates the duty of a fishing vessel proprietor, etc. to provide information before departure from a port under Article 29(4);

12. A person who violates measures, such as restrictions on navigating or going aboard, under Article 30(5) in a place exempt from the application of the Sea Traffic Safety Act, such as on a river, lake or marsh where no vessel navigating at sea can continue navigation;

13. A person who fails to have passengers prepare a list of persons on board, in violation of the former part of Article 33(3);

14. A person who fails to verify the details entered in a list of persons on board, in violation of the latter part of Article 33(3);

15. A person who fails to refuse boarding of passengers, in violation of Article 33(4);

16. A person who fails to keep a copy of a list of persons on board, in violation of Article 33(5);

17. A person who refuses or avoids an order issued under Article 35(1)3;

18. A person who fails to report the occurrence of an accident or to take measures necessary to manage the accident under Article 37(1);

19. A person who sells baits which do not meet the standards for baits or who uses, stores, transports or displays such baits for sale, in violation of Article 41;

20. A person who refuses, obstructs or evades attachment or disuse, or refuses, obstructs or evades an order to withdraw or disuse baits breaching the standards for baits or to take measures for removal of harm for safety purposes under Article 42;

21. A person who fails to complete professional training for fishing place proprietors, etc. under Article 47(1);

22. A person who operates fishing vessel business without completing professional training under Article 47(2) and (3);

23. A person who allows crew failing to complete professional training to provide services, in violation of Article 47(4);

24. A person who refuses to make a report or to submit data under Article 50(1), or makes a false report or submits false data;

25. A person who refuses, obstructs or evades the relevant public official's access to a place, etc. without good cause when the relevant public official conducts an inspection under Article 50(3).

(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on May 29, 2016; Aug. 20, 2019>

1. A person who refuses or evades an order to take measures to ensure the safety of life and health of fishermen under the subparagraphs of Article 9(1);

2. A person who fails to report the suspension, closure or resumption of a fishing place business or an extension of the period of suspension under Article 24 by the fixed deadline;

3. A person who operates a fishing vessel business without reporting change of the fishing vessel business under the latter part of Article 25(1);

3-2. A person who violates Article 28-2;

3-3. A person who violates Article 29-2;

4. A person who fails to attach a certificate of reporting on the fishing vessel business on the fishing vessel, in violation of Article 32;

5. Deleted; <May 29, 2016>

6. A person who refuses or obstructs measures taken by a fishing vessel proprietor or his or her crew, in violation of Article 36;

7. A person who fails to report the closure of the fishing vessel business under Article 39 by the fixed deadline;

8. A person who fails to file a report on changes under Article 45-2(2);

(3) The Minister of Oceans and Fisheries, the Mayor/Do Governor or the head of a Si/Gun/Gu shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

FISHING MANAGEMENT AND PROMOTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Relationship to other statutes) #

Article 5(Formulation of criteria for restrictions on fishing) #

Article 6(Fishing restricted areas) #

Article 7(Prohibited acts on body of water) #

Article 7-2(Prohibition of sale of aquatic animals captured by fishing) #

Article 8(Prohibition of manufacture of harmful fishing tackle) #

Article 9(Fishermen's safety management) #

Article 10(Permits for fishing place business) #

Article 11(Criteria for permits for fishing place business) #

Article 12(Period of validity of permits) #

Article 13(Consultation on use of body of water) #

Article 14(Revocation of permission) #

Article 15(Reinstatement) #

Article 16(Registration of fishing place business) #

Article 17(Criteria for registration of fishing place business) #

Article 18(Period of validity of registration) #

Article 19(Revocation of registration) #

Article 20(Matters to be observed by fishing place proprietors) #

Article 20-2(Measures for safety of users of fishing places) #

Article 21(Succession to fishing place businesses) #

Article 22(Succession to effect of administrative punishment dispositions) #

Article 23(Disposition of closure) #

Article 24(Report on suspension or closure of business) #

Article 25(Report on fishing vessel business) #

Article 25-2(Safety surveys of fishing vessels) #

Article 26(Report on matters for report) #

Article 27(Business area) #

Article 28(Fixed number of persons on board) #

Article 28-2(Safety guards on board fishing vessels) #

Article 29(Obligations for safe navigation of fishing vessel proprietors) #

Article 29-2(Navigation rules) #

Article 30(Prohibition of navigation under influence of alcohol) #

Article 31(Prohibition of navigation under influence of drugs) #

Article 32(Posting certificate of reporting on fishing vessel business) #

Article 33(Notices of arrival and departure of vessels) #

Article 34(Restrictions on departure from port) #

Article 35(Measures for safe navigation) #

Article 36(Matters to be observed by passengers on board fishing vessels) #

Article 37(Report on occurrence of accidents) #

Article 38(Closure of business) #

Article 39(Report on closure of business) #

Article 40(Formulation of standards for baits) #

Article 41(Prohibition on manufacture of baits) #

Article 42(Measures, such as disuse) #

Article 43(Master plan to promote fishing) #

Article 44(Designation of exemplary fishing places) #

Article 45(Support to and promotion of fishing-related industries) #

Article 45-2(Designation of verification institution) #

Article 45-3(Revocation of designation of verification institution) #

Article 46(Honorary observers) #

Article 47(Education and public relations) #

Article 48(Buying insurance policies) #

Article 49(Fees) #

Article 50(Access and inspection) #

Article 51(Hearings) #

Article 52(Delegation and entrustment of authority) #

Article 52-2(Legal fiction as public officials in application of penalty provisions) #

Article 53(Penalty provisions) #

Article 54(Joint penalty provisions) #

Article 55(Administrative fines) #