Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Use and Management of Bathing Beaches and matters necessary for the enforcement thereof.
Article 2(Standards for facilities and environment) #
"Standards for facilities and environment prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 6 (1) of the Act on the Use and Management of Bathing Beaches (hereinafter referred to as the "Act") means the standards for facilities and environment specified in Appendix 1.
Article 3(Matters regarding changes in conditions after designation of bathing beaches) #
"Cases prescribed by Presidential Decree" in Article 7 (1) 3 of the Act means any of the following cases:
1. Where the sandy beach of the relevant bathing beach ceases to meet the standards specified in subparagraphs 1 a and 2 a of Appendix 1;
2. Where the waters of the relevant bathing beach ceases to meet the standards specified in subparagraph 2 b of Appendix 1;
3. Where it is deemed unavoidable by the management authority for the protection of military operations, military installations, or military secrets;
4. Where it is deemed unavoidable by the management authority for the development of resources, etc.
Article 4(Formulation of master plans for bathing beaches) #
(1) The Minister of Oceans and Fisheries may hold a public hearing involving experts and interested parties if deemed necessary to formulate a master plan for bathing beaches under Article 9 (1) of the Act (hereinafter referred to as "master plan").
(2) If the Minister of Oceans and Fisheries requests consultation from the head of a related central administrative agency under Article 9 (2) of the Act, the head of such agency shall submit opinions on the formulation of the master plan to the Minister within 20 days from the date of receipt of such request, unless there is a compelling reason not to do so.
Article 5(Details of master plans) #
"Matters prescribed by Presidential Decree" in subparagraph 7 of Article 10 of the Act means the following:
1. Matters regarding the development of bathing beaches and bathing beach facilities;
2. Matters regarding the promotion of the use of bathing beaches during non-operating periods.
Article 6(Modification of master plans) #
(1) "If bathing beach conditions change or any other cause prescribed by Presidential Decree arises" in Article 11 (2) of the Act means any of the following cases:
1. Where the number of bathing beach users increases or decreases by at least 20 percent compared to the immediately preceding year for 3 consecutive years;
2. Where significant changes have occurred in the surrounding natural environment and the ecosystem of the relevant bathing beach, such as coastal erosion, changes in topography, frequent natural disasters, or rising water temperatures of bathing beach waters.
(2) "Minor matters prescribed by Presidential Decree" in the proviso of Article 11 (3) of the Act means any of the following:
1. Matters regarding simple statistical changes in the current status and actual use conditions of bathing beaches and bathing beach facilities;
2. Matters regarding changes in the evaluation and support methods for bathing beaches.
Article 7(Modification of minor matters in management plans) #
“Modification to minor matters prescribed by Presidential Decree” in the proviso of Article 15 (3) of the Act means any of the following:
1. Changing the area of a jurisdictional bathing beach by less than 10/100;
2. Changing the total project cost of a project for bathing beach facilities (hereinafter referred to as "facility project") for a jurisdictional bathing beach by less than 10/100.
Article 8(Entrustment of management and operation of bathing beaches) #
(1) Tasks that a management authority may entrust under Article 19 (2) of the Act shall be the management and operation of any of the following facilities: <Amended on Jun. 25, 2019>
1. Convenience facilities for users under subparagraph 2 a 3) of Article 2 of the Act;
1-2. Safety facilities under subparagraph 2 a 4) of Article 2 of the Act;
2. Environmental facilities under subparagraph 2 a 5) of Article 2 of the Act;
2-2. Sports facilities under subparagraph 2 b 2) of Article 2 of the Act;
3. Sales and rental facilities under subparagraph 2 b 3) of Article 2 of the Act;
4. Facilities under subparagraph 2 c of Article 2 of the Act.
(2) “Institutions or organizations prescribed by Presidential Decree, such as local communities including local prosperity associations and fishing village associations, and public interest corporations under the Act on the Establishment and Operation of Public Interest Corporations” in Article 19 (3) of the Act means any of the following institutions or organizations: <Amended on Sep. 1, 2015; Oct. 2, 2018>
1. A local prosperity association, such as a village council in the vicinity of the relevant bathing beach;
2. A fishing village association under Article 15 of the Fisheries Cooperatives Act that has jurisdiction over the relevant bathing beach;
3. A public interest corporation established under the Act on the Establishment and Operation of Public Interest Corporations;
4. A local government-invested public corporation or local public agency under the Local Public Enterprises Act;
5. The Korea Fisheries Infrastructure Public Agency established under Article 57 of the Fishing Villages and Fishery Harbors Act;
6. The Sea Explorers of Korea organized under the Act on the Support for Sea Explorers of Korea;
7. The Korea Rural Community Corporation established under Article 3 of the Korea Rural Community Corporation and Farmland Management Fund Act.
Article 9(Heads of administrative agencies participating in Bathing Beach Council) #
"Heads of relevant administrative agencies prescribed by Presidential Decree" in Article 20 (1) of the Act means the heads of the following administrative agencies: <Amended on Sep. 1, 2015; Jun. 27, 2017; Jul. 26, 2017>
1. The Director General of a Regional Office of Oceans and Fisheries having jurisdiction over the relevant bathing beach (including the head of an oceans and fisheries office or the head of an oceans and fisheries branch office);
2. The chief of a coast guard station having jurisdiction over the relevant bathing beach;
3. The chief of a meteorological station having jurisdiction over the relevant bathing beach;
4. The chief of a fire station having jurisdiction over the relevant bathing beach;
5. The head of a health center having jurisdiction over the relevant bathing beach;
6. The chief of a police station having jurisdiction over the relevant bathing beach.
Article 10(Objects subject to removal) #
"Objects prescribed by Presidential Decree, such as camping supplies or cooking supplies" in Article 23-2 (1) of the Act means any of the following objects (hereinafter referred to as "objects, etc."):
1. Camping supplies;
2. Cooking supplies;
3. Other objects prescribed by ordinance of the relevant local government that may hinder the smooth use and management of bathing beaches.
[This Article Added on Jun. 27, 2023]
Article 10-2(Storage and disposal of removed objects) #
(1) If a management authority removes objects, etc. under Article 23-2 (2) of the Act, it shall post at the place where the objects, etc. were located the description and quantity of the objects, etc., the fact, date, and time of removal, the place of storage, and other relevant details.
(2) A management authority shall store removed objects, etc. at a designated place determined by the management authority under Article 23-2 (2) of the Act and shall record the description and quantity of the objects, etc., the place, date, and time of removal, the reason for removal, and the place of storage in a ledger prescribed by Decree of the Ministry of Oceans and Fisheries.
(3) If a management authority removes objects, etc. under Article 23-2 (2) of the Act, it shall publicly announce the following matters on its website and bulletin board for 1 month; in such case, if the owner or manager of the objects, etc. is known, a notice containing the following matters shall be sent to the owner or manager by registered mail:
1. The description and quantity of the objects, etc., the place, date, and time of removal, and the reason for removal;
2. The place of storage of the objects, etc.;
3. A statement that the objects, etc. may be reclaimed upon payment of costs incurred in their removal, transportation, and storage.
(4) If the relevant objects, etc. remain unclaimed or their owner or manager remains unknown even after the expiration of the public announcement period under the former part, with the exception of the subparagraphs, of paragraph (3), the competent management authority shall publicly announce the matters specified in the subparagraphs of paragraph (3) in 1 or more media among a daily newspaper, public gazette, or broadcasting, and on its website; provided, no such public announcement in a newspaper, public gazette, or broadcasting shall be required if the objects, etc. are deemed to have insufficient property value to warrant such announcement.
(5) If the relevant objects, etc. remain unclaimed or their owner or manager remains unknown even after 1 month from the public announcement under the main clause of paragraph (4), the competent management authority may sell the objects, etc.
(6) If the relevant objects, etc. are not sold under paragraph (5), the competent management authority may dispose of the objects, etc.
(7) If the competent management authority sells the relevant objects, etc. under paragraph (5) or disposes of them under paragraph (6), it shall first appropriate the expenses incurred for the objects, etc. (referring to costs for removal, transportation, storage, processing, etc.; hereinafter the same shall apply) from the proceeds generated from such sale or disposal; and any remaining amount after such appropriation shall accrue to the relevant local government on the day following 1 year from the public announcement date under the main clause of paragraph (4) unless a claim for return is made by the owner or manager of the objects, etc. within 1 year from such public announcement.
Article 10-3(Return of objects) #
If a management authority intends to return objects, etc. stored under Article 10-2 (2) to their owner or manager or to return the remaining amount under paragraph (7) of that Article to the owner or manager prior to sale or disposal, it shall receive an application for return as prescribed by Decree of the Ministry of Oceans and Fisheries and verify whether the applicant for return is the legitimate right-holder. In such cases, if the objects, etc. are returned in their original form, the costs incurred for such objects, etc. may be collected from the applicant for return.
[This Article Added on Jun. 27, 2023]
Article 11(Scope of application of safety management guidelines) #
(1) The safety management guidelines for bathing beaches established under Article 24 (1) of the Act (hereinafter referred to as "safety management guidelines") shall apply to bathing beaches designated by a management authority under Article 6 (1) of the Act.
(2) Upon establishing safety management guidelines, the Commissioner General of the Korea Coast Guard shall without delay publicly notify the guidelines in the Official Gazette and publicly announce them on the website of the Korea Coast Guard. <Amended on Sep. 1, 2015; Jul. 26, 2017>
(3) Upon receipt of notification under Article 24 (1) of the Act, a management authority shall make the safety management guidelines available for public perusal.
Article 12(Bathing beach facilities subject to safety inspections) #
(1) The subjects and timing of, and the procedures for, safety inspections that shall be conducted by a management authority or the chief of a coast guard station under Article 27 (1) or (2) of the Act (hereinafter referred to as "safety inspections") shall be as specified in Appendix 2. <Amended on Jul. 26, 2017>
(2) When a management authority or the chief of a coast guard station issues an order to take measures under Article 27 (3) of the Act, they shall notify the details in writing to the owner or manager of the relevant facility. <Amended on Jul. 26, 2017>
(3) Upon receipt of notification under paragraph (2), the owner or manager of the relevant facility shall immediately take necessary measures, such as the maintenance and repair of the facility, and upon completion of such measures, shall report the details of the measures to the competent management authority or the chief of the competent coast guard station. <Amended on Jul. 26, 2017>
Article 13(Restrictions on use of bathing beaches) #
“If any cause prescribed by Presidential Decree arises, such as the inflow of hazardous substances, the emergence of harmful organisms, or deteriorating weather conditions” in the main clause of Article 28 (1) of the Act means any of the following cases: <Amended on Sep. 1, 2015; Feb. 6, 2024>
1. Where marine pollution defined in subparagraph 2 of Article 2 of the Marine Environment Management Act has occurred, or an incident likely to cause marine pollution has occurred;
2. Where harmful marine organisms defined in subparagraph 13 of Article 2 of the Conservation and Management of Marine Ecosystems Act (hereinafter referred to as "harmful marine organisms") have appeared or are likely to appear;
3. Where marine organisms, such as sharks, which are not classified as harmful marine organisms but may endanger human life, have appeared or are likely to appear;
4. Where weather conditions are deteriorating or likely to deteriorate due to atmospheric phenomena defined in subparagraph 4 of Article 2 of the Weather Act;
5. Where the Administrator of the Korea Meteorological Administration issues a severe weather alert under Article 13-2 (1) of the Weather Act or a marine severe weather alert under Article 14 (2) of that Act;
6. Where an infectious disease defined in subparagraph 1 of Article 2 of the Infectious Disease Control and Prevention Act is occurring or spreading, or is likely to occur or spread;
7. Where rip currents or other similar phenomena are occurring or likely to occur.
Article 14(Environmental management guidelines) #
Article 11 shall apply mutatis mutandis to the scope of application and method of public notice of the guidelines on the environmental management of bathing beaches under Article 29 (1) of the Act (hereinafter referred to as "environmental management guidelines"). In such cases, "safety management" shall be construed as "environmental management", the "Commissioner General of the Korea Coast Guard" as the "Minister of Oceans and Fisheries", and "safety management guidelines" as "environmental management guidelines", respectively. <Amended on Sep. 1, 2015; Jul. 26, 2017>
Article 15(Water quality management) #
(1) “Environmental standards prescribed by Presidential Decree” in Article 30 (1) of the Act means the standards specified in subparagraph 2 b 3) of Appendix 1.
(2) "Where a natural disaster or any other cause prescribed by Presidential Decree arises" in the former part of Article 30 (2) of the Act means any of the following cases:
1. Where the water quality of the relevant bathing beach has deteriorated or is likely to deteriorate due to a natural disaster defined in subparagraph 2 of Article 2 of the Countermeasures against Natural Disasters Act;
2. Where marine pollution defined in subparagraph 2 of Article 2 of the Marine Environment Management Act has occurred, or an incident likely to cause marine pollution has occurred;
3. Where the water quality of the relevant bathing beach has deteriorated or is likely to deteriorate due to pollution sources originating from land, such as domestic sewage.
Article 16(Management of sandy beaches) #
(1) "Environmental standards prescribed by Presidential Decree" in Article 31 (1) of the Act means the standards specified in subparagraph 2 a of Appendix 1.
(2) A system for inspecting the soil quality of sandy beaches under Article 31 (2) of the Act shall be established and operated in accordance with the following methods:
1. The Minister of Oceans and Fisheries shall conduct a survey on the erosion status and soil quality of sandy beaches in areas subject to coastal erosion status surveys under Article 5 (3) of the Coast Management Act;
2. The Minister of Oceans and Fisheries shall manage the results of the survey under subparagraph 1 by categorizing them by region, topography, and year;
3. The Minister of Oceans and Fisheries shall annually notify a management authority of the results of the survey under subparagraph 1 and the management data under subparagraph 2.
Article 17(Standards for installation and management of bathing beach facilities) #
The standards for the installation and management of bathing beach facilities under Article 34 (1) of the Act shall be as specified in Appendix 3.
Article 18(Implementers of facility projects) #
(1) "Person prescribed by Presidential Decree" in Article 36 (2) 4 of the Act means the Sea Explorers of Korea organized under the Act on the Support for Sea Explorers of Korea. <Amended on Jun. 25, 2019>
(2) "Person meeting qualification requirements prescribed by Presidential Decree, such as capital" in Article 36 (2) 5 of the Act means any of the following persons: <Added on Jun. 25, 2019>
1. A corporation whose equity capital in the immediately preceding business year shall be at least 10/100 of the total project cost of the facility project, or the total sales shall be at least 30/100 of the total project cost of the facility project;
2. A public and private joint corporation defined in subparagraph 12 of Article 2 of the Act on Public-Private Partnerships in Infrastructure;
3. A project implementer under Article 55 (1) of the Tourism Promotion Act;
4. A fishing village association under Article 15 of the Fisheries Cooperatives Act that has jurisdiction over a bathing beach subject to the facility project.
Article 19(Bathing beach facilities not to be vested) #
"Bathing beach facilities prescribed by Presidential Decree" in the proviso of Article 36 (3) of the Act means any of the following facilities: <Amended on Jun. 25, 2019>
1. Changing facilities, shower facilities, and awning among convenience facilities for users under subparagraph 2 a 3) of Article 2 of the Act;
1-2. Sports facilities under subparagraph 2 b 2) of Article 2 of the Act;
2. Sales and rental facilities under subparagraph 2 b 3) of Article 2 of the Act;
3. Facilities prescribed by Decree of the Ministry of Oceans and Fisheries among those under subparagraph 2 c of Article 2 of the Act.
Article 20(Matters to be included in implementation plans for facility projects) #
An implementation plan for a facility project formulated by a person intending to conduct the facility project under Article 37 (1) and (2) of the Act (hereinafter referred to as the "implementation plan") shall include the following:
1. The name and address of the person intending to conduct the facility project (in cases of a corporation, referring to the corporate name, the location of its principal office, and the name of its representative);
2. The name and type of the facility project;
3. The purpose of the facility project;
4. The location, scale, period, and method of the facility project;
5. Other matters regarding the characteristics, effects, and relevant aspects of the facility project.
Article 21(Minor facility projects not requiring approval by management authority) #
(1) "Minor facility projects prescribed by Presidential Decree" in the former part of Article 37 (2) of the Act means any of the following facility projects: <Amended on Sep. 1, 2015>
1. A facility project for movable bathing beach facilities, temporarily installed during the operating period of a bathing beach;
2. A facility project involving the expansion, reconstruction, repair, restoration, and rehabilitation of existing bathing beach facilities, conducted within the scope of 5/100 of the total project cost of the relevant facility project; provided, this shall exclude cases where the cumulative total of such project costs amounts to at least 5/100 of the total project cost of the relevant facility project.
(2) "Important matters prescribed by Presidential Decree" in the latter part of Article 37 (2) of the Act means matters specified in any of subparagraphs 1 through 5 of Article 20.
Article 21-2(Selection of bathing beaches eligible for support) #
The Minister of Oceans and Fisheries shall, based on the results of the evaluation under Article 39 (1) of the Act, select bathing beaches that fall under any of the following categories as eligible for support:
1. Where support is necessary to implement the master plan;
2. Where support is otherwise necessary to improve bathing beach facilities or enhance user convenience.
[This Article Added on Jun. 25, 2019]
Article 22(Composition and operation of Bathing Beach Evaluation Committee) #
(1) The Bathing Beach Evaluation Committee established under Article 40 (1) of the Act (hereinafter referred to as the "Evaluation Committee") shall consist of up to 15 members including 1 chairperson. <Amended on Apr. 10, 2018>
(2) The Deputy Minister of the Marine Policy Office of the Ministry of Oceans and Fisheries shall serve as the chairperson of the Evaluation Committee and the following persons shall serve as members: <Amended on Jul. 26, 2017; Apr. 10, 2018; Apr. 30, 2024>
1. One public official of Grade IV or higher, or of an equivalent rank, designated by each head of the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Environment, the Ministry of Oceans and Fisheries, the National Fire Agency, and the Korea Coast Guard;
2. A person commissioned by the Minister of Oceans and Fisheries, in consideration of gender equality, from among those with extensive knowledge of and experience in the management and operation of bathing beaches or in marine tourism and marine leisure.
(3) The term of office of the members specified in paragraph (2) 2 shall be 2 years; provided, if the Evaluation Committee is dissolved under Article 40 (2) of the Act, their term of office shall expire upon such dissolution. <Amended on Apr. 30, 2024>
(4) Meetings of the Evaluation Committee shall be convened if deemed necessary by the chairperson or upon the request of at least 1/3 of the members under paragraph (1).
(5) If the chairperson is unable to perform duties for unavoidable reasons, public officials of the Ministry of Oceans and Fisheries, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Environment, the Korea Coast Guard, and the National Fire Agency shall act on behalf of the chairperson in that order. <Amended on Jul. 26, 2017>
(6) If the chairperson of the Evaluation Committee intends to convene a meeting, the chairperson shall notify each member of the fact of the convening and the agenda items no later than 7 days prior to the meeting; provided, in cases of urgency or unavoidable reasons, such notification shall be made by the day before the meeting.
(7) A majority of the members under paragraph (1) of the Evaluation Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(8) The Evaluation Committee shall have 1 executive secretary to handle administrative affairs of the Committee, and the secretary shall be appointed by the Minister of Oceans and Fisheries from among public officials of the Ministry of Oceans and Fisheries.
Article 22-2(Dismissal of members of Evaluation Committee) #
(1) If a member of the Evaluation Committee falls under any of the following categories, a person who has designated the member under Article 22 (2) 1 may withdraw such designation:
1. Where the member becomes unable to perform his or her duties due to a physical or mental disability;
2. Where the member is involved in any misconduct related to his or her duties;
3. Where the member is deemed unfit to serve due to negligence in duties, conduct prejudicial to dignity, or any other similar reason;
4. Where the member declares that it is impracticable to continue performing his or her duties.
(2) If a member of the Evaluation Committee commissioned under Article 22 (2) 2 falls under any category specified in the subparagraphs of paragraph (1), the Minister of Oceans and Fisheries may dismiss such member.
[This Article Added on Dec. 31, 2015]
Article 23(Delegation and entrustment of authority) #
(1) The Minister of Oceans and Fisheries shall delegate the authority over the inspection of bathing beach facilities and the request for improvement measures under Article 34 (3) of the Act to the Director General of a Regional Office of Oceans and Fisheries under Article 43 (1) of the Act. <Amended on Jun. 27, 2017>
(2) The Minister of Oceans and Fisheries shall, in accordance with Article 43 (2) of the Act, entrust the task of investigating and analyzing the water quality of bathing beaches under Article 30 (2) of the Act to the Korea Marine Environment Management Corporation established under Article 96 (1) of the Marine Environment Management Act. <Amended on Apr. 30, 2018>
Article 24(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 47 (1) through (3) of the Act shall be as specified in Appendix 4.