Article 1(Purpose) #
The purpose of this Act is to achieve the efficient use of fishery resources by ensuring the environmentally friendly and hygienic treatment of fishery byproducts and promoting the recycling of such byproducts.
Article 2(Definitions) #
The definitions of terms used in this Act are as follows:
1. The term “fishery products” means fishery products defined in subparagraph 7 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development;
2. The term "fishery byproducts" means bones, fins, internal organs, shells, and other materials that are incidentally generated, in addition to the primary products, in the course of processes related to fishery products, including catching, harvesting, aquaculture, processing, and sale;
3. The term "recycling of fishery byproducts" means manufacturing or processing fishery byproducts into raw materials for finished products such as food, fertilizers, feed, cosmetics, and pharmaceuticals, or into reclamation materials for public waters, building materials, desulfurizers, slaked lime, and other similar materials;
4. The term "fishery byproduct collection and transportation business" means the business of collecting fishery byproducts and transporting such byproducts to fishery byproduct resource recovery facilities or intermediate treatment business entities;
5. The term "fishery byproduct intermediate treatment business" means the business of washing, separating, sorting, or crushing fishery byproducts, or manufacturing or processing such byproducts into recycled products;
6. The term “fishery byproduct treatment business” means fishery byproduct collection and transportation business or fishery byproduct intermediate treatment business;
7. The term “fishery byproduct resource recovery facility” means a facility established and operated by the Minister of Oceans and Fisheries or by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") for the recycling and resource recovery of fishery byproducts.
Article 3(Relationship to other statutes) #
(1) With regard to the environmentally friendly and hygienic treatment and promotion of the recycling of fishery byproducts, this Act shall prevail over other statutes, and the provisions of relevant statutes shall apply to matters not provided in this Act.
(2) If fishery byproducts are mixed with other waste, the relevant provisions of this Act shall not apply, and only the relevant provisions of the Wastes Control Act shall apply.
(3) Notwithstanding paragraph (1), residues generated during the recycling of fishery byproducts (limited to waste designated for incineration or landfill under subparagraph 6 of Article 2 of the Wastes Control Act) shall be deemed waste defined in subparagraph 1 of Article 2 of that Act, and only the relevant provisions of that Act shall apply to such residues.
(4) The types of fishery byproducts subject to this Act shall be prescribed by Presidential Decree, and the detailed classifications of recycling types shall be prescribed by Decree of the Ministry of Oceans and Fisheries, notwithstanding Article 2-2 of the Wastes Control Act.
Article 4(Responsibilities of the State and local governments) #
The State and a local government shall establish necessary policy measures to ensure the environmentally friendly and hygienic treatment of fishery byproducts and to promote the recycling of such byproducts.
Article 5(Formulation of master plans for recycling of fishery byproducts) #
(1) The Minister of Oceans and Fisheries shall formulate a master plan for the recycling of fishery byproducts (hereinafter referred to as "master plan") every 5 years, in consultation with the head of a relevant central administrative agency and the relevant Mayor/Do Governor, to ensure the environmentally friendly and hygienic treatment of fishery byproducts and to promote the recycling of such byproducts.
(2) A master plan shall include the following:
1. Basic objectives and directions for promoting the recycling of fishery byproducts;
2. Research, development, and dissemination of environmentally friendly and hygiene treatment technologies for fishery byproducts;
3. Matters regarding the establishment, operation, and support of fishery byproduct resource recovery facilities;
4. Other matters prescribed by Presidential Decree to promote the recycling of fishery byproducts.
(3) The Minister of Oceans and Fisheries shall formulate and implement an annual action plan for the relevant master plan (hereinafter referred to as “action plan”).
(4) Except as provided in paragraphs (1) through (3), matters necessary for the formulation and implementation of master plans and action plans shall be prescribed by Presidential Decree.
Article 6(Statistical surveys on recycling of fishery byproducts) #
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) shall survey the following, and the head of a Si/Gun/Gu shall submit the results of such survey to the competent Mayor/Do Governor (excluding a Special Self-Governing City Mayor or a Special Self-Governing Province Governor; hereafter in this Article, the same shall apply):
1. Annual volume of fishery byproducts generated;
2. Annual performance of the treatment of fishery byproducts;
3. Other matters determined by the Minister of Oceans and Fisheries.
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and a Mayor/Do Governor who has received the survey results under paragraph (1) shall compile and submit the results to the Minister of Oceans and Fisheries.
(3) The Minister of Oceans and Fisheries shall notify the Minister of Environment of the results of the statistical survey received under paragraph (2).
(4) Matters necessary for the methods of preparing materials, the timing of the submission of such materials, and other relevant details under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.
Article 7(Obligations for separate discharge of fishery byproducts) #
(1) A person prescribed by Presidential Decree who is engaged in catching, harvesting, aquaculture, processing, or sale of fishery products and discharges a large quantity of fishery byproducts (hereinafter referred to as "person with an obligation for separate discharge of fishery byproducts") shall separate and discharge fishery byproducts from other waste.
(2) Matters necessary for the standards, procedures, etc. for the separate discharge of fishery byproducts shall be prescribed by Presidential Decree.
(3) A Mayor/Do Governor may order a person with an obligation for separate discharge of fishery byproducts who fails to comply with the standards under paragraph (1) to take necessary measures such as issuing an order of compliance, as prescribed by Presidential Decree.
Article 8(Support for facilities for separate discharge of fishery byproducts) #
(1) A Mayor/Do Governor may subsidize a person with an obligation for separate discharge of fishery byproducts to cover the expenses incurred for the establishment of facilities and employment of personnel to promote such separate discharge.
(2) Matters necessary for persons eligible for support in relation to the separate discharge of fishery byproducts, the standards and procedures for such support, and other details under paragraph (1) shall be prescribed by Presidential Decree.
Article 9(Permission for fishery byproduct treatment business) #
(1) A person who intends to conduct fishery byproduct treatment business shall be equipped with facilities, equipment, personnel, and other necessary items prescribed by Presidential Decree as necessary for the treatment of fishery byproducts and shall obtain permission from the competent Mayor/Do Governor. The same shall also apply to the modification of important matters prescribed by Presidential Decree.
(2) A person who has obtained permission for fishery byproduct treatment business under paragraph (1) (hereinafter referred to as "treatment business entity") shall comply with the following:
1. Not allowing another person to engage in the collection and transportation, or intermediate treatment of fishery byproducts under the name or trade name of the business entity;
2. Not lending the permit of the business entity.
(3) If a person who has obtained permission under paragraph (1) intends to modify minor permitted matters prescribed by Decree of the Ministry of Oceans and Fisheries, the person shall file a report on such modification.
(4) Matters necessary for the methods and procedures, etc. for permission, permission for modification, and report on modification under paragraphs (1) and (3) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.
Article 10(Succession to rights and obligations) #
(1) If a treatment business entity transfers the business, dies, or undergoes a corporate merger, the transferee, heir, or the surviving or newly established corporation resulting from the merger shall succeed to the rights and obligations of the former treatment business entity.
(2) A person who acquires all of the facilities and equipment under any of the following procedures shall succeed to the rights and obligations of the former treatment business entity:
1. Auction under the Civil Execution Act;
2. Conversion into cash under the Debtor Rehabilitation and Bankruptcy Act;
3. Sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act;
4. Other procedures equivalent to any procedure specified in subparagraphs 1 through 3.
(3) A person who has succeeded to the rights and obligations of the former treatment business entity under paragraph (1) or (2) shall report the fact to the competent Mayor/Do Governor within 30 days from the date such cause arises, as prescribed by Decree of the Ministry of Oceans and Fisheries.
(4) If an heir who has succeeded to the rights and obligations of a treatment business entity under paragraph (1) falls under any of the grounds for disqualification specified in subparagraphs 1 through 5 of Article 12, the heir shall transfer the treatment business to another person within 6 months.
Article 11(Compliance obligations of treatment business entities) #
(1) A treatment business entity shall comply with the obligations prescribed by Presidential Decree regarding the following:
1. Matters regarding the separation of fishery byproducts from other waste;
2. Matters regarding fishery byproduct treatment facilities and equipment;
3. Matters regarding the prevention of environmental pollution during the treatment of fishery byproducts;
4. Other matters necessary for the efficient treatment of fishery byproducts and the prevention of public health hazards.
(2) A Mayor/Do Governor may order a person who fails to comply with the compliance obligations under paragraph (1) to change the treatment methods or take other measures.
Article 12(Grounds for disqualification) #
None of the following persons shall be eligible to obtain permission for fishery byproduct treatment business:
1. A minor, a person under adult guardianship, or a person under limited guardianship;
2. A person declared bankrupt and not yet reinstated;
3. A person for whom 2 years have not passed since their imprisonment without labor or heavier punishment declared by a court for a violation of this Act or the Wastes Control Act was completely executed or the non-execution of such sentence became final;
4. A person who has been sentenced to a suspended execution of imprisonment without labor or heavier punishment declared by a court for a violation of this Act or the Wastes Control Act and for whom the period of the suspended execution has not yet expired;
5. A person for whom permission for fishery byproduct treatment business has been revoked (excluding a person for whom such permission has been revoked on the grounds of falling under the category specified in subparagraph 1 or 2), and for whom 2 years have not passed since the date of such revocation;
6. A corporation whose executive officers include a person falling under any of the categories specified in subparagraphs 1 through 5.
Article 13(Revocation of permission) #
(1) A Mayor/Do Governor may revoke the permission of a treatment business entity (including a person who has succeeded to the rights and obligations of a treatment business entity under Article 10) or order the suspension of their business operations for a fixed period of up to 6 months if the entity falls under any of the following cases; provided, the permission shall be revoked in any of the cases specified in subparagraphs 1 through 3:
1. Where the entity has obtained permission by fraud or other improper means;
2. Where the entity falls under any of the grounds for disqualification under Article 12; provided, this shall not apply where an heir who falls under any of the categories specified in subparagraphs 1 through 5 of that Article transfers the relevant business to another person within 6 months from the date of death of the decedent, or where a corporation that has come to fall under the category specified in subparagraph 6 of that Article appoints a new executive officer to replace the relevant executive officer within 3 months;
3. Where the entity conducts business during the period of business suspension;
4. Where the entity fails to commence business operations within 1 year after obtaining permission under Article 9 (1) or continues to suspend business operations for at least 1 year without good cause;
5. Where the entity ceases to meet the standards under Article 9 (1);
6. Where the entity modifies the permitted matters without obtaining permission for modification or filing a report thereon, in violation of Article 9;
7. Where the entity violates the compliance obligations specified in the subparagraphs of Article 9 (2);
8. Where the entity fails to take measures under Article 11 (2).
(2) The detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Presidential Decree.
(3) A Mayor/Do Governor who intends to revoke permission under paragraph (1) shall hold a hearing.
Article 14(Imposition of penalty surcharges on treatment business entities) #
(1) If a Mayor/Do Governor intends to order a suspension of business operations to a treatment business entity under Article 13, and such suspension is deemed to fall under any of the following cases, the Mayor/Do Governor may impose a penalty surcharge not exceeding 100 million won in lieu of the suspension, as prescribed by Presidential Decree:
1. Where the accumulation of fishery byproducts or similar circumstances are likely to cause significant disruption to the business activities of the relevant entrusted fishery byproduct treatment business entity;
2. Where fishery byproducts stored by the relevant treatment business entity have caused or are likely to cause serious harm to the living environment of residents in the surrounding area;
3. Where it is deemed necessary to continue business operations due to natural disasters or any other unavoidable reasons.
(2) Matters necessary for the amount of penalty surcharges by type of violation and other details under paragraph (1) shall be prescribed by Presidential Decree.
(3) If a person liable to pay a penalty surcharge under paragraph (1) fails to do so by the payment deadline, the competent Mayor/Do Governor shall collect such penalty surcharge in accordance with the Act on the Collection of Local Administrative Penalty Charges.
(4) Penalty surcharges collected under paragraphs (1) and (3) shall be used by a Mayor/Do Governor for purposes prescribed by Presidential Decree, such as supporting and promoting the recycling of fishery byproducts.
Article 15(Reporting of temporary or permanent closure of business) #
(1) If a treatment business entity temporarily or permanently closes or resumes the business, the entity shall report the fact to the competent Mayor/Do Governor, as prescribed by Decree of the Ministry of Oceans and Fisheries.
(2) A person who intends to report the temporary or permanent closure of business under paragraph (1) shall take necessary measures, including the proper treatment of stored fishery byproducts, as prescribed by Decree of the Ministry of Oceans and Fisheries.
Article 16(Establishment and operation of fishery byproduct resource recovery facilities) #
(1) The Minister of Oceans and Fisheries or a Mayor/Do Governor may establish and operate fishery byproduct resource recovery facilities (hereinafter referred to as "resource recovery facilities") for the purpose of recycling fishery byproducts.
(2) The Minister of Oceans and Fisheries or a Mayor/Do Governor shall establish resource recovery facilities equipped with facilities and equipment, etc. appropriate to demand, such as the amount of fishery byproducts generated and treatment performance, based on the statistical survey on the recycling of fishery byproducts under Article 6.
(3) If the Minister of Oceans and Fisheries or a Mayor/Do Governor establishes and operates resource recovery facilities, they shall notify the head of the relevant Si/Gun/Gu thereof.
(4) The Minister of Oceans and Fisheries may provide financial and technical support to a Mayor/Do Governor who establishes and operates resource recovery facilities.
(5) Other matters necessary for the establishment and operation of resource recovery facilities shall be prescribed by Presidential Decree.
Article 17(Functions of resource recovery facilities) #
Resource recovery facilities shall perform the following functions:
1. Processing, treatment, and storage for the recycling of fishery byproducts;
2. Resource recovery of fishery byproducts;
3. Storage and sale of recycled products made from fishery byproducts;
4. Research and development of fishery byproduct recycling technology;
5. Education, promotion, and provision of information for the recycling of fishery byproducts;
6. Other matters prescribed by Decree of the Ministry of Oceans and Fisheries for the recycling of fishery byproducts.
Article 18(Expansion of sales channels for recycled products) #
(1) The Minister of Oceans and Fisheries and Mayors/Do Governors may implement support measures to expand sales channels for recycled products, including food raw materials, fertilizers, feed, cosmetics, pharmaceuticals, reclamation materials for public waters, building materials, desulfurizers, and slaked lime, produced by resource recovery facilities and treatment business entities.
(2) Matters necessary for the support targets, support details, and other related matters for expanding sales channels for recycled products under paragraph (1) shall be prescribed by Presidential Decree.
Article 19(Delegation and entrustment of authority) #
(1) The Minister of Oceans and Fisheries may delegate part of his or her authority under this Act to the head of an agency under his or her jurisdiction or a Mayor/Do Governor, and a Mayor/Do Governor to the head of a Si/Gun/Gu, respectively, as prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries and a Mayor/Do Governor may entrust part of their authority under this Act to an institution or organization related to fishery byproducts, as prescribed by Presidential Decree.
Article 20(Penalty provisions) #
(1) The following persons shall be punished by imprisonment with labor for up to 5 years or by a fine not exceeding 50 million won:
1. A person who conducts fishery byproduct treatment business without obtaining permission, in violation of Article 9 (1);
2. A person who has obtained permission for fishery byproduct treatment business by fraud or other improper means.
(2) The following persons shall be punished by imprisonment with labor for up to 3 years or by a fine not exceeding 30 million won:
1. A person who modifies any important matter without obtaining permission for modification under Article 9 (1);
2. A person who conducts business during the period of business suspension under Article 13 (1).
(3) A person who, in violation of Article 9 (2), allows another person to collect and transport, or perform intermediate treatment of, fishery byproducts under their name or trade name, or lends their permit to another person, shall be punished by imprisonment with labor for up to 2 years or by a fine not exceeding 20 million won.
Article 21(Administrative fines) #
(1) A person who discharges of fishery byproducts without separating them from other waste in violation of Article 7 (1) shall be subject to an administrative fine of up to 10 million won.
(2) The following persons shall be subject to administrative fines of up to 3 million won:
1. A person who fails to comply with an order to take measures under Article 7 (3);
2. A person who has modified any permitted matter without filing a report on modification under Article 9 (3);
3. A person who fails to file a report on succession to rights and obligations, in violation of Article 10 (3);
4. A person who fails to comply with an order to take measures under Article 11 (2);
5. A person who temporarily or permanently closes the business without filing a report thereon, in violation of Article 15 (1);
6. A person who fails to take measures under Article 15 (2).
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by a Mayor/Do Governor, as prescribed by Presidential Decree.