Article 1(Purpose) #
The purpose of this Act is to prescribe matters concerning the conservation and utilization of lighthouse heritage with historical and aesthetic value and the creation of lighthouse marine cultural space, thereby utilizing lighthouse heritage as a sustainable marine tourist resource and contributing to the improvement of the quality of life of citizens and the development of marine culture.
Article 2(Definitions) #
The terms used in this Act are defined as follows:
1. “Lighthouse heritage” refers to lighthouses, lighthouse ancillary facilities, lighthouse equipment, supplies, and lighthouse-related records, etc. designated pursuant to Article 6 because they have historical, artistic, or academic value or because of their beautiful surrounding scenery and therefore require special measures for conservation and utilization (including private navigation marks installed pursuant to Article 9 (6) of the Aids to Navigation Act, and excluding designated cultural heritages related to lighthouses pursuant to Article 2 (3) of the Act on Conservation and Utilization of Cultural Heritage, natural monuments related to lighthouses pursuant to subparagraph 5 of Article 2 of the Act on Conservation and Utilization of Natural Heritage, and registered cultural heritages related to lighthouses pursuant to subparagraph 2 of Article 2 of the Act on the Conservation and Utilization of Modern and Contemporary Cultural Heritage (hereinafter referred to as “designated cultural heritages, etc.”));
2. "Lighthouse marine cultural space" means a space in which the following facilities (hereinafter referred to as "marine cultural facilities") are created by utilizing lighthouse and appurtenant facilities in a development zone for lighthouse marine cultural space designated by the Minister of Oceans and Fisheries pursuant to Article 8 (1) to inspire people's maritime ideology, develop marine culture and arts, and promote marine experience and education:
(a) Cultural facilities: Outdoor performance venue, history hall, exhibition room, art studio, exhibits, and sculptures;
(b) Educational facilities: Library, digital archive room, seminar room, public relations center, training room;
(c) Experience and convenience facilities: Observatory, experience accommodation, pavilions, shelters, facilities for selling souvenirs and local specialties, facilities for selling snacks, and parks;
(d) Other facilities prescribed by the Minister of Oceans and Fisheries as necessary for the use of lighthouses and lighthouse auxiliary facilities.
Article 3(Responsibilities of State and Local Governments) #
(1) The State shall formulate implement comprehensive policies for the conservation and utilization of lighthouse heritage.
(2) Local governments shall actively cooperate in national policy measures for the conservation and utilization of lighthouse heritage, taking into account the characteristics of lighthouse heritage as a regional marine tourism resource.
(3) In the case of planning and implementing various development projects, the State and local governments shall make efforts to ensure that the natural environment surrounding the lighthouse heritage sites and its historical and cultural values are not damaged.
Article 4(Relationship to Other Statutes) #
This Act shall take precedence over other statutes concerning the conservation and utilization of lighthouse heritage.
Article 5(Formulation of Master Plans for Conservation and Utilization of Lighthouse Heritage) #
(1) For the purpose of systematic conservation of lighthouse heritage and utilization of it as a marine tourism resource, the Minister of Oceans and Fisheries shall formulate and implement a master plan for the conservation and utilization of lighthouse heritage (hereinafter referred to as the "master plan") including the following matters every 5 years, after deliberation by the Maritime Affairs and Fisheries Development Committee (hereinafter referred to as the "Committee") provided in Article 7 of the Framework Act on Marine Fishery Development:
1. Basic directions and goals for the conservation and utilization of lighthouse heritage;
2. Matters concerning the designation of lighthouse heritage;
3. Matters concerning the conservation, management and restoration of lighthouse heritage;
4. Matters concerning the safety management of lighthouse heritage;
5. Matters concerning the digitization of records related to lighthouse heritage;
6. Matters concerning the creation and utilization of lighthouse marine cultural space;
7. Matters concerning international cooperation for the conservation and utilization of lighthouse heritage;
8. Other matters deemed necessary by the Minister of Oceans and Fisheries for the conservation and utilization of lighthouse heritage.
(2) The Minister of Oceans and Fisheries shall formulate and carry out an implementation plan for the conservation and utilization lighthouse heritage (hereinafter referred to as the "implementation plan") every year in accordance with the master plan and inspect the implementation status.
(3) The Minister of Oceans and Fisheries may revise the master plan if it is necessary due to changes in the conditions of the lighthouse heritage.
(4) In cases where the Minister of Oceans and Fisheries intends to formulate or change a master plan or formulate an implementation plan, he or she shall hear the opinions of the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors and the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor) and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), and consult with the heads of the relevant central administrative agencies: provided, this shall not apply in cases of changing any minor matters prescribed by Presidential Decree.
Article 6(Designation of Lighthouse Heritage) #
(1) The Minister of Oceans and Fisheries may designate a lighthouse, lighthouse auxiliary facility, lighthouse equipment and supplies, or lighthouse-related records, etc. (hereinafter referred to as "lighthouse facilities, etc.") which meet any of the following requirements and require special measures for the conservation and utilization, as a lighthouse heritage. In this case, the designation shall go through deliberation by the Committee:
1. Something that has commemorative or symbolic value in the history, culture, art, society, or life in the lighthouse field;
2. Something that is recognized as resources of local tourism and marine education because it serves as the historical and cultural background of the region where the lighthouse is located;
3. Something that has important value in reflecting or understanding the era, such as technological development of the lighthouse.
(2) In case the Minister of Oceans and Fisheries intends to designate the relevant lighthouse facilities, etc. as lighthouse heritage in accordance with paragraph (1), he or she may request a specialized agency prescribed by Presidential Decree to conduct a survey on the relevant lighthouse facilities, etc.
(3) A person who receives a request for survey pursuant to paragraph (2) shall conduct a survey and prepare a report on the survey and submit it to the Minister of Oceans and Fisheries.
(4) If the Minister of Oceans and Fisheries determines that a lighthouse heritage designated under paragraph (1) has lost its value or that it is necessary to rescind the designation of a lighthouse heritage as a result of a regular survey conducted under Article 7 (2), or if it is designated or registered as a designated cultural heritage, etc., the Minister of Oceans and Fisheries shall rescind the designation of the lighthouse heritage after deliberation by the Committee, and notify the relevant institutions thereof.
(5) Matters necessary for the designation procedure of lighthouse heritage, a survey method under paragraph (2), the method of preparing a survey report according to paragraph (3), and the criteria and procedures for the rescission of designation of a lighthouse heritage according to paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 7(Conservation and Management of Lighthouse Heritage) #
(1) The Minister of Oceans and Fisheries shall endeavor to conserve and manage a lighthouse heritage in accordance with the purpose of designation.
(2) The Minister of Oceans and Fisheries shall conduct a regular survey on the current status, management, repair, or other environmental conservation status of the lighthouse heritage to ensure the efficient management of the lighthouse heritage.
(3) Matters necessary for the timing, content, method, etc. of survey pursuant to paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 8(Designation of Development Zone for Lighthouse Marine Cultural Space) #
(1) In order to facilitate and expedite the creation of a lighthouse marine cultural space, the Minister of Oceans and Fisheries may, after deliberation by the Committee, designate a zone for developing a lighthouse marine cultural space (hereinafter referred to as "development zone").
(2) The Mayor/Do Governor or the head of a Si/Gun/Gu may prepare a plan for the development of a lighthouse marine cultural space within the jurisdiction (hereinafter referred to as the "development plan") and request the Minister of Oceans and Fisheries to designate a development zone as prescribed by Presidential Decree. The same shall also apply when a designated development zone is to be changed.
(3) The Minister of Oceans and Fisheries may rescind the designation of a development zone in any of the following subparagraphs:
1. If an application for approval of a development project plan for the lighthouse marine cultural space (hereinafter referred to as the "project plan") is not submitted within 3 years from the date of designation and public notification of a development zone (if an application for approval is rejected, it shall be deemed that an application for approval of the relevant project plan is not filed);
2. If it is deemed that the purpose of designation of a development zone cannot be achieved due to the progress of a development project for the relevant lighthouse marine cultural space.
(4) When the Minister of Oceans and Fisheries designates a development zone or changes or rescinds a designated development zone, he or she shall consult with the heads of relevant central administrative agencies and the competent Mayor/Do Governor or the head of a Si/Gun/Gu and then go through deliberation by the Committee.
(5) In the event that the Minister of Oceans and Fisheries designates, changes, or rescinds a development zone pursuant to paragraphs (1) through (3), he or she shall publicly notify the fact in the Official Gazette as prescribed Presidential Decree, and send the copies of relevant documents to the competent Mayor/Do governor or the head of a Si/Gun/Gu. In this case, the head of the competent local government shall make the copies of relevant documents available for public inspection for at least 14 days.
(6) Other necessary matters concerning the designation criteria for development zones, the procedures for designation, modification, and rescission, etc. shall be prescribed by Presidential Decree.
Article 9(Formulation and Revision of Development Plan) #
(1) In order to designate a development zone, the Minister of Oceans and Fisheries shall formulate a development plan for the relevant development zone.
(2) The development plan shall include matters prescribed by Presidential Decree, such as the name, location, and area of the development zone, and matters concerning the implementer of a development project for the lighthouse marine cultural space.
(3) When the Minister of Oceans and Fisheries formulates a development plan or the Mayor/Do Governor or the head of a Si/Gun/Gu intends to prepare a development plan, he or she may conduct a survey or take a measurement on the land, buildings, structures, housing and living conditions of a development zone, demand for lighthouse marine cultural space, and other necessary matters prescribed Presidential Decree.
(4) A person who intends to conduct a survey or measurement pursuant to paragraph (3) may request the submission of necessary data from the heads of relevant administrative agencies, local governments, public institutions under the Act on the Management of Public Institutions, government-funded research institutes, and other relevant institutions. In this case, the head of the institution requested to submit data shall comply with the request unless there is a special reason not to do so.
(5) If it is necessary to promote a creative and efficient development project for the lighthouse marine cultural space, the Minister of Oceans and Fisheries may hold a public contest for draft development plans as prescribed by Presidential Decree and reflect the selected drafts in the development plan.
(6) The Minister of Oceans and Fisheries may change a development plan directly or at the request of the head of a relevant central administrative agency, Mayor/Do Governor, or the head of a Si/Gun/Gu.
(7) The standards and methods of preparing a development plan shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 10(Restrictions on Practices) #
(1) Anyone who intends to perform acts prescribed by Presidential Decree, such as construction of buildings, installation of structure, change of the form and nature of land, extraction of earth, stones, gravel, or sand, division of land, or piling up objects in a development zone, shall obtain permission from the head of a Si/Gun/Gu. The same shall also apply in cases where a person intends to change permitted matters.
(2) In the case where the head of a Si/Gun/Gu grants permission or permission for modifications pursuant to paragraph (1), if the practices, etc. in question are likely to cause significant disruption to a development project for the lighthouse marine cultural space and are practices prescribed by Presidential Decree, he or she shall hear the opinions of the Minister of Oceans and Fisheries in advance.
(3) Notwithstanding paragraph (1), practices prescribed by Presidential Decree, such as emergency measures necessary for disaster recovery or disaster management, need not be permitted.
(4) With respect to any activities that require permission under paragraph (1), those who have commenced a construction or project on those activities that had already been permitted under relevant statutes and regulations at the time the development zone was designated or publicly notified, or that need not require permission, may continue to implement the construction or project after reporting to head of a Si/Gun/Gu as prescribed by Presidential Decree.
(5) The head of a Si/Gun/Gu may order a person who violates paragraph (1) to restore the original condition. In this case, if the person who received an order fails to fulfill the obligation, the head of a Si/Gun/Gu may vicariously execute such order in accordance with the Administrative Vicarious Execution Act.
(6) Except as otherwise provided for in this Act, permission under paragraph (1) shall be subject to Articles 57 through 60 and Article 62 of the National Land Planning and Utilization Act.
(7) If permission is granted pursuant to paragraph (1), the permission shall be deemed granted pursuant to Article 56 of the National Land Planning and Utilization Act.
Article 11(Formulation and Approval of Project Plan) #
(1) In case where a project implementer intends to carry out a development project for the lighthouse marine cultural space, he or she shall formulate a project plan and obtain approval from the Minister of Oceans and Fisheries, and the same shall also apply to any modifications of an approved project plan: provided, this shall not apply in case of changing any minor matters prescribed by Presidential Decree.
(2) The project plan shall include the following matters:
1. Name of the project implementer;
2. Purpose of creating a lighthouse marine cultural space;
3. Land use plan;
4. The scale of a development project for the lighthouse marine cultural space, and a plan for the installation and operation of the auxiliary facilities of the lighthouse marine cultural space;
5. Plan for the utilization of auxiliary facilities of the lighthouse marine cultural space and provision of related services;
6. Appropriateness of funding plan and development cost;
7. Implementation period for a development project of the lighthouse marine cultural space and a yearly implementation plan for the project;
8. Other matters necessary for the creation of a lighthouse marine cultural space, as prescribed by Presidential Decree.
(3) When the Minister of Oceans and Fisheries intends to formulate or approve a project plan, he or she shall consult with the heads of relevant central administrative agencies and the competent Mayor/Do Governor or the head of a Si/Gun/Gu and then go through deliberation by the Committee.
(4) When the Minister of Oceans and Fisheries formulates or approves a project plan pursuant to paragraph (3), he or she shall publicly notify the details as prescribed by Ordinance of the Ministry of Oceans and Fisheries and notify the heads of relevant central administrative agencies, the competent Mayor/Do Governor, or the head of a Si/Gun/Gun.
(5) When the Minister of Oceans and Fisheries publicly notify a project plan in accordance with paragraph (4), if the plan includes the necessity of expropriating the land, buildings, or objects fixed on the land, or rights other than ownership thereof, mining rights, fishing rights, aquaculture rights, or rights related to the use of water (hereinafter referred to as "land, etc."), the details of the project implementer's address, name, type of project, the land and buildings to be expropriated, etc. shall be publicly notified together and notified to the owners and rights holders of the land, etc.
Article 12(Implementation of Development Project for Lighthouse Marine Cultural Space) #
(1) A development project for the lighthouse marine cultural space shall be implemented by the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu: provided, if necessary for the efficient implementation of a development project for the lighthouse marine cultural space, the Minister of Oceans and Fisheries may entrust the Korea Institute Aids to Navigation established under Article 41 of the Aids to Navigation Act with the implementation of all or part of the project.
(2) The Minister of Oceans and Fisheries may subsidize all or part of the project expenses necessary for a development project for the lighthouse marine cultural space pursuant to paragraph (1).
Article 13(Legal Fiction of Authorization and Permission) #
(1) In the case where the Minister of Oceans and Fisheries approves or approves the modifications of a project plan, if there is a prior consultation with the head of the relevant administrative agency pursuant to paragraph (2) regarding the following authorization, permission, license, approval, consent or consultation, etc. (hereinafter referred to as “authorization, permission, etc.”), the relevant authorization, permission, etc. shall be deemed to have been granted:
1. Building permits under Article 11 (1) of the Building Act, building reports under Article 14 of that Act, modifications of permitted and reported matters under Article 16 of that Act, permission and report for temporary structures under Article 20 of that Act, and reports on the construction of structures under Article 83 of that Act;
2. Permission for occupancy and use of the public waters pursuant to Article 8 of the Public Waters Management and Reclamation Act, approval or report of an implementation plan for occupying or using the public waters pursuant to Article 17 of that Act, a license for reclamation of the public waters pursuant to Article 28 of that Act, and approval of an implementation plan for the reclamation of the public waters pursuant to Article 38 of that Act;
3. Decision on Si/Gun management plan under Article 30 of the National Land Planning and Utilization Act and permission for development activities under Article 56 of that Act;
4. Permission to convert agricultural land according to Article 34 of the Farmland Act;
5. Reporting on the commencement, change, or completion of a project pursuant to Article 86 (1) of the Act on the Establishment and Management of Spatial Data;
6. Permission for the use of agricultural production infrastructure facilities pursuant to Article 23 of the Agricultural and Fishing Villages Improvement Act;
7. Permission to open a private road according to Article 4 of the Private Road Act;
8. Permission for felling, etc. in an erosion control land under Article 14 of the Erosion Control Work Act and rescission of designation of an erosion control land pursuant to Article 20 of that Act;
9. Permission for the conversion of mountainous area and report on the conversion of mountainous area pursuant to Articles 14 and 15 of the Mountainous Districts Management Act and permission for and report on temporary use of the mountainous district pursuant to Article 15-2 of that Act;
Article 14(Expropriation or Use of Land) #
(1) If necessary for the development of a lighthouse marine cultural space, the project implementer may expropriate or use the land, etc.
(2) Except as otherwise special provisions are provided for in this Act, the expropriation or use of land, etc. pursuant to paragraph (1) shall be governed by Act on Acquisition of and Compensation for Land for Public Works Projects.
Article 15(Confirmation of Completion) #
(1) When a project implementer completes a development project for the lighthouse marine cultural space, he or she shall apply for a completion inspection to the Minister of Oceans and Fisheries.
(2) When the Minister of Oceans and Fisheries receives an application for a completion inspection pursuant to paragraph (1), he or she shall conduct a completion inspection as prescribed by Presidential Decree, and if he or she recognizes that a development project for the lighthouse marine cultural space has been completed according to the project plan, he or she shall issue a completion confirmation certificate to the project implementer.
(3) In the case where the Minister of Oceans and Fisheries issues a certificate of completion pursuant to paragraph (2), it shall be deemed that a completion inspection or completion authorization has been granted pursuant to each subparagraph of Article 13 (1).
(4) Matters necessary for the documents and procedures required for the completion inspection according to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 16(Implementation of Lighthouse Utilization Project) #
The Minister of Oceans and Fisheries may implement the following projects to promote lighthouse heritage and disseminate and expand marine culture:
1. Explanation and experience of the history and culture of lighthouse heritage;
2. Promotion, publicity and education of maritime ideology and maritime culture;
3. Holding of events such as exhibitions and performances related to maritime history and culture;
4. Other projects necessary to increase the utilization of lighthouse heritage and lighthouse marine cultural space.
Article 17(Operation of Lighthouse Marine Cultural Space) #
(1) The Minister of Oceans and Fisheries may allow a project implementer to preferentially operate the lighthouse marine cultural space created in accordance with Article 8 (2) or Article 9 (5). In this case, the project implementer shall endeavor to operate the lighthouse marine cultural space on a continuous and efficient basis.
(2) The Minister of Oceans and Fisheries may permit the rental and use of the maritime cultural facilities to those who intend to hold cultural events such as exhibitions and performances, and who intend to conduct education, experience, publicity, and tourism promotion activities, within the extent not impeding his or her duties.
(3) If necessary, the Minister of Oceans and Fisheries may entrust the operation of maritime cultural facilities and the implementation of lighthouse utilization projects to the Korea Institute of Aids to Navigation, and may support expenses necessary for the operation or implementation thereof within budgetary limits.
(4) The project implementer who operates the lighthouse marine cultural space according to paragraph (1), a person who rents or uses the maritime cultural facility according to paragraph (2), and the Korea Institute of Aids to Navigation who has been entrusted with operation according to paragraph (3) shall endeavor to ensure the safe use of the relevant facility.
(5) Other matters necessary for the operation of the lighthouse marine cultural space, collection of rental fees and usage fees for the maritime cultural facilities, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 18(Establishment of National Lighthouse Museum) #
(1) The Minister of Oceans and Fisheries may establish and operate a National Lighthouse Museum in order to discover, preserve, research, educate, and exhibit lighthouses with historical, aesthetic, and cultural value, for the promotion of maritime culture and the utilization of lighthouses, contributing to the enhancement of cultural enjoyment by the public.
(2) Matters necessary for the establishment and operation of the National Lighthouse Museum shall be prescribed by Presidential Decree.
Article 19(Promotion of International Exchange and Cooperation) #
(1) The Minister of Oceans and Fisheries may promote the following tasks in cooperation with international organizations, foreign governments and organizations, etc. in relation to the conservation and utilization of lighthouse heritage:
1. Exchange of information and technology related to the conservation and utilization of lighthouse heritage;
2. Personnel exchange;
3. Collaborative research and study;
4. Hosting the event.
(2) The Minister of Oceans and Fisheries may, within budgetary limits, support all or part of the expenses necessary for a person entrusted with affairs under Article 20 (1) to implement international exchange and cooperation affairs under paragraph (1).
Article 20(Delegation and Entrustment of Authority) #
(1) Part of the authority of the Minister of Oceans and Fisheries under this Act may be delegated or entrusted to the heads of affiliated organizations or specialized institutions, as prescribed by Presidential Decree.
(2) Part of the authority of the Mayor/Do Governor, or the head of a Si/Gun/Gu under this Act may be delegated or entrusted to a relevant institution or organization, as prescribed by Presidential Decree.
Article 21(Prohibition of Use of Similar Names) #
No person other than the National Lighthouse Museum under this Act shall use the name of the National Lighthouse Museum or any other similar name.
Article 22(Administrative Fines) #
(1) A person who violates Article 21 shall be subject to an administrative fine of up to 5 million won.
(2) The Minister of Oceans and Fisheries shall impose and collect the administrative fines pursuant to paragraph (1) as prescribed by Presidential Decree.