FRAMEWORK ACT ON MARINE FISHERY DEVELOPMENT. [Enforcement Date: Nov. 28, 2009] [Act No. 9717, May 27, 2009, Other Laws and Regulations Amended]

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1 The English version is translated and uploaded only for the purpose of no other than PR, and thereby, Framework Act on Marine Fishery Development in the Korean language will prevail regarding authorization and permission FRAMEWORK ACT ON MARINE FISHERY DEVELOPMENT [Enforcement Date: Nov. 28, 2009] [Act No. 9717, May 27, 2009, Other Laws and Regulations Amended] Ministry of Land, Transport and Maritime Affairs (Marine Policy Division) Tel.: CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Act is to contribute to the development of the national economy and the improvement of the people s welfare, by determining the Government's basic policy and its directions for the rational management, preservation, development and utilization of the sea and marine resources, and fostering of marine industries. Article 2 (Basic Ideology) The basic ideology of this Act is, recognizing that the sea is a rich repository of resources and a ground for livelihoods as well as a route for logistics and exerts great influences on the national economy and the people s lives, to cultivate the opulent and viable sea to be bequeathed to the future generations, by creating the environment for intellectualization, informatization and heightening value-added of marine industries and pursuance of the environment-friendly and sustainable development or utilization of marine resources. Article 3 (Definitions)

2 The definition of the terms used in this Act shall be as follows: 1. The term "sea" means the sea area such as inland waters, territorial waters, exclusive economic zone and continental shelf, etc. of the Republic of Korea where the sovereignty, sovereign rights or jurisdiction of the Republic of Korea extends to, and the sea area where the Government of the Republic of Korea or the people may participate in its development, utilization and preservation under the treaties entered and promulgated under the Constitution, or the generally approved international statutes; 2. The term "marine resources" means the resources valuable to the national economy and people s lives such as the marine life resources, marine mineral resources, marine energy, marine tourism resources, marine space resources, etc. which may be developed or utilized; and 3. The term "marine industry" means the industries related to the maritime transportation, harbor, fishery, development of marine science and technology, marine environment, marine tourism, and marine information, and other industries related to the management, preservation, development or utilization of the sea and marine resources. Article 4 (Relations with Other Acts) In the event that other Acts in respect to the marine fishery are enacted or revised, they shall be made to be compatible with the purpose and basic ideology of this Act. Article 5 (Basic Liabilities of the State, etc.) (1) The State and local governments shall be responsible for the preservation of the marine environments, marine resources and marine ecosystems. (2) The State and local governments shall, in promoting the development of marine industries, endeavor to make the management and preservation of the sea and marine resources consistent and balanced with development or utilization thereof. (3) The State and local governments shall continuously promote the creation of the foundation and environment required for the development of marine fisheries.

3 CHAPTER II FORMULATION OF MARINE FISHERY POLICIES AND PROMOTION SYSTEM Article 6 (Basic Plan for Marine and Fishery Development) (1) The Government shall, in order to efficiently achieve the purposes of this Act, establish the mid-term and long-term policy objectives and directions thereof concerning the rational management, preservation, development and utilization of seas and marine resources, and the fosterage of marine industry (hereinafter referred to as the "marine development, etc."), and formulate and implement the basic policies for marine fishery development (hereinafter referred to as the "basic plan") every ten years as provided by the Presidential Decree. (2) The basic plan shall contain the matters applicable to any of the following subsections: 1. Basic conception of the Government as to the marine development, etc. and its promotion objectives; 2. Matters concerning the management and preservation, etc. of the sea; 3. Matters concerning the rational development and utilization, etc. of marine resources; 4. Matters concerning the fosterage of marine industries; 5. Matters concerning the development basis of marine fishery and the promotion of environment preservation; and 6. Other matters concerning the comprehensive and systematic promotion of marine development, etc. (3) The Government shall confirm the basic plan through deliberations of the Marine and Fishery Development Committee under Article 7 and the State Council, and publicly announce it. (4) The Government shall formulate every year the implementation plan for marine and fishery development (hereinafter referred to as the "implementation plan") pursuant to the

4 basic plan, and implement it. In this case, if there exist any plans by division under other laws and regulations, they shall be reflected in the implementation plan. (5) The Government shall prepare the implementation plan for the current fiscal year as prescribed in section (4) and the performance records of promoting the implementation plan for the preceding year as provided by the Presidential Decree. (6) The Government shall submit to the National Assembly every year the written reports on the main contents of the basic plan, the implementation plan for the current fiscal year, and the performance record of promoting the implementation plan for the preceding year. <Amended by Act No. 9454, Feb. 6, 2009> Article 7 (Marine Fishery Development Committee) The Marine and Fishery Development Committee (hereinafter referred to as the "Committee") shall be established under the control of the Minister of Land, Transport and Maritime Affairs (hereinafter referred to as the Minister ) in order to deliberate on the basic plan and the marine development, etc. and the important policies on the marine environment. <Amended by Act No. 9454, Feb. 6, 2009> Article 8 (Composition, etc. of Committee) (1) The Committee shall be composed of not more than 25 members including one chairperson. (2) The chairperson of the Committee shall be the Minister, and the members shall be viceminister level public officials of the related central administrative agencies who are designated by the Presidential Decree, and those commissioned by the Minister (hereinafter referred to as the "commissioned members") among the persons having professional knowledge of, and profound experiences in, the sea, marine resource, marine industries or marine environment. <Amended by Act No. 9454, Feb. 6, 2009> (3) One executive secretary member shall be placed in the Committee, and he/she shall be the vice-minister of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9454, Feb. 6, 2009>

5 (4) The number of commissioned members shall be not less than five, and their term of office shall be two years, and they may be re-commissioned. (5) Composition and operation of the Committee and other necessary matters shall be prescribed by the Presidential Decree. Article 9 (Functions of Committee) The Committee shall deliberate on the matters applicable to any of the following subsections: <Amended by Act No. 9454, Feb. 6, 2009> 1. Matters concerning the formulation of the basic plan; 2. Matters concerning the establishment of national objectives and the development of systems in respect to marine development, etc.; 3. Matters concerning the adjustment of important policies on marine development, etc.; 4. Matters concerning the fosterage and support of marine industries; 5. Matters concerning formulation of major policies and plans in respect to the marine environment; and 6. Other matters referred to in the deliberation of the Committee under other Acts and by the chairperson. Article 10 (Request for Submission of Materials, etc.) The Committee may, if deemed necessary for performing its functions, request the head of the related administrative agency to submit the data or to state opinions, etc., and the head of the related administrative agency in receipt of the request shall comply with it unless he/she has any justifiable grounds not to. Article 11 (Working-Level Committee)

6 (1) A working-level committee for marine fishery development (hereafter referred to as the "working-level committee" in this Article) shall be placed in the Committee in order to efficiently operate the Committee and to provide practical support to the deliberation on agenda. (2) Subcommittees may be operated by field in the working-level committee for the purpose of its efficient operation. (3) Composition and operation of the working-level committee and subcommittees and other necessary matters shall be prescribed by the Presidential Decree. CHAPTER III MARINE DEVELOPMENT, ETC. SECTION 1 Management and Preservation, etc. of Sea Article 12 (Management of Sea) (1) The Government shall endeavor to preserve the marine environment and marine resources, and to pursue sustainable development. (2) The Government shall comprehensively and systematically manage and preserve the resources in the sea area under Korea's sovereign rights or jurisdiction, such as the exclusive economic zone and continental shelf, etc., and secure overall capabilities for them. Article 13 (Conservation of the Marine Environment) The Government shall, in order to preserve the marine environment, establish policies on the prevention of occurrence or influx of any pollutants or waste materials, or the removal, etc. of any pollutants or waste materials. Article 14 (Conservation of the Marine Ecosystem)

7 The Government shall endeavor to preserve and restore the marine ecosystem, such as preserving the varieties of marine lives, or protecting their habitats, etc. Article 15 (Marine Safety Management) The Government shall, in order to prevent the damages on human lives and properties due to marine accidents, devise and implement the policies on the marine safety management, such as developing the marine safety technologies, improving the marine transportation environment, securing the safety of the ships, and establishing systems, etc. capable of immediate countermeasures in the case where such accidents occur. SECTION 2 Development and Utilization, etc. of Marine Resources Article 16 (Development, etc. of Marine Resources) The Government shall devise and implement the policies required for the management, preservation, development and utilization of marine resources. Article 17 (Marine Scientific Survey and Development of Technology, etc.) (1) The Government shall conduct scientific investigation and observation on the sea for the purpose of the rational management, preservation, development and utilization of the sea and marine resources, and may establish and operate national networks for marine observation for the purpose of efficient performance thereof. (2) The Minister shall formulate and implement the development plans for marine science and technology, in order to enhance the marine science and technology and to promote its practical use and industrialization thereof. <Amended by Act No. 8852, Feb. 29, 2008> Article 18 (Utilization of Marine Spaces)

8 The Government shall endeavor to utilize the marine spaces scientifically and economically, through the installation and operation of the oceanic city, artificial islands and marine structures, etc. Article 19 (Development of Advance Base for Marine Development) The Government shall develop an advance base for marine development for the development, etc. of overseas marine life resources and marine mineral resources. Article 20 (Installation of Marine Science Base, and Investigation and Research) The Government shall formulate and implement the support plans required for the installation of the marine science base in the specific areas, such as the South Pole and the North Pole, etc. and the vitalization of an investigation and research on the sea. Article 21 (Promotion of International Cooperation) The Government shall endeavor to promote the efficient international cooperation, such as the establishment of the organization for technological cooperation, information exchange, joint survey and research concerning the marine development, etc. with foreign countries and international organizations, etc. Article 22 (Cooperation between South and North for Marine Fishery) The Government shall endeavor to promote the cooperation in the marine fishery field, such as joint research on marine science, joint development of marine resources, or joint fishery with the residents in the northern territory of the military demarcation line, and the opening of sea routes and the exchange of fishery products with the northern areas of the military demarcation line. SECTION 3 Fosterage of Marine Industry

9 Article 23 (Strengthening, etc. of Competitiveness of Shipping and Harbor Industries) The Government shall devise and implement the policies required for the fosterage of shipping industry and the development of harbor industry, for strengthening international competitiveness of shipping and harbor industry and for increasing the efficiency of harbor operation. Article 24 (Expansion of Harbor Facilities, etc.) The Government shall establish and implement the policies required for the expansion of harbor facilities and fishing port facilities, such as the construction of harbor and fishing ports, construction of the harbor hinterland complex, and the development of harbor construction technology. Articles 25 through 27 Deleted. <By Act No. 9717, May 27, 2009> Article 28 (Promotion of Marine Tourism) (1) The Government shall, in order to improve the national health, recreation and emotional lives, establish and implement the policies required for the promotion of tourist activities, leisure and sports in the sea (hereafter referred to as the "marine tourism" in this Article). (2) The Minister may designate the sea area of which having excellent undersea scenery and whose ecosystems are well preserved as the undersea scenic zone as provided by the Presidential Decree. In this case, if the sea area intended for designation as the undersea scenic zone corresponds to the natural park under subsection 1 of Article 2 of the Natural Parks Act, he/she shall have prior consultations with the Minister of Environment. <Amended by Act No. 8852, Feb. 29, 2008> (3) The Minister for Food, Agriculture, Forestry and Fisheries shall, for the purpose of cultivating sound emotions of nationals, increased exchanges between urban areas and fishing villages, and increase in incomes of fishing villages, establish and implement policies on the tourism of specially-converted fishing villages that develop fishing villages into a tourist zone with special features. <Amended by Act No. 8852, Feb. 29, 2008>

10 (4) The State may, where it is needed to develop the tourism of specially-converted fishing villages under section (3), provide support required for installing and operating the cultural facilities, etc. or for holding a regional cultural event, etc. Article 29 (Supports, etc. for New Technologies) (1) The Minister may provide support required for the development or commercialization of new technologies related to marine development, etc. (hereafter referred to as the "new technologies" in this Article) for small and medium enterprises (referring to the small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises). <Amended by Act No. 8852, Feb. 29, 2008> (2) In the case where a business operator, who has commercialized a new technology by receiving support under section (1), has generated sales by utilizing or commercializing the new technology, the Minister may collect the technical fees from such business operator. In this case, matters necessary for the payment criteria, payment procedures and usage, etc. shall be prescribed by the Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> (3) The Minister may, if deemed necessary for efficiently promoting the support business as prescribed in section (1), designate a specialized agency and have it perform the business related thereto. In this case, the said Minister may provide support for the expenses required therefor. <Amended by Act No. 8852, Feb. 29, 2008> SECTION 4 Creation of Basis and Environment of Marine Fishery Development Article 30 (Establishment and Fosterage, etc. of Research Institutes) (1) The Government may, pursuant to the provisions of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions, etc., establish and foster the research institutes for the purpose of the survey, research and development of science and technology for the rational management, preservation, development and utilization of the sea and marine resources.

11 (2) The Government shall endeavor to establish and utilize the organic joint research systems among the academic circles, research institutes and industrial circles. Article 31 (Nurturing Marine and Fishery Experts, etc.) (1) The Government shall establish and operate training and educational institutes in order to cultivate professional manpower in the marine fishery field and to efficiently utilize it. (2) The Minister for Food, Agriculture, Forestry and Fisheries and the Minister shall establish and implement the policies required for employment stabilization and improvement of welfare of the ship crew. <Amended by Act No. 8852, Feb. 29, 2008> (3) The Minister for Food, Agriculture, Forestry and Fisheries shall establish and implement the policies required for fostering the successor to fisheries who is operating or intends to operate the fisheries by settling in the fishing village, and the specialized fishermen equipped with the professional fishery technology and managerial capability. <Amended by Act No. 8852, Feb. 29, 2008> Article 32 (Promotion of Informatization for Marine Development, etc.) (1) The Minister shall establish and implement the policies required for the advancement of the data processing concerning marine development, etc. and harmonizing the information distribution. <Amended by Act No. 8852, Feb. 29, 2008> (2) The Minister may establish and operate the national marine fishery information center for the efficient collection, management and provision of information concerning marine development, etc. <Amended by Act No. 8852, Feb. 29, 2008> Article 33 (Support, etc. for Research and Development Project) (1) The Minister may implement the projects required for the support of research and development projects concerning marine development, etc. and for the cultivation of highly competent professional manpower in marine science and technology. <Amended by Act No. 8852, Feb. 29, 2008>

12 (2) Matters necessary for the support, the establishment and operation of cultivation projects as prescribed in section (1) shall be prescribed by the Presidential Decree. Article 34 (Promotion, etc. of Maritime Culture) (1) The Government shall endeavor to enhance a progressive spirit as to the sea and to promote the marine culture. (2) The Government shall endeavor to advance the national understanding of marine development, etc. and to diffuse the knowledge thereof. Article 35 (Financial Support, etc.) The Government may, if deemed necessary for achieving the purpose of this Act, provide supports to the institutions, etc. related to marine fishery concerning their finance and loans. ADDENDA (Framework Act on Agriculture and Fisheries, Agricultural and Fishing Villages and Food Industry) <Act No. 9717, May 27, 2009> Article 1 (Enforcement Date) This Act shall take effect on the day six months from its promulgation. <Proviso Omitted> Articles 2 through 5 Omitted. Article 6 (Amendment of Other Acts) (1) through <16> Omitted. <17> Part of the Framework Act on Marine Fishery Development shall be amended as follows: Articles 25 through 27 shall be deleted respectively.

13 Article 7 Omitted.

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