CHAPTER I. GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to preserve the coastal environment and to ensure sustainable development, and thereby to promote an abundant and pleasant coastal zone as a living place for human by stipulating matters concerning efficient preservation, utilization and development.
Article 2 (Definitions)
For the purpose of this Act, the definitions of terms shall be as follows:
1. The term Òcoastal zoneÓ means coastal waters and coastal lands;
2. The term Òcoastal watersÓ means areas falling under either of the following definitions:
(a) transitional and intertidal areas from the high tide line to the first line of a cadastral map; or
(b) waters within the territorial seaÕs outer limit from the high tide line.
3. The term Òcoastal landsÓ means areas falling under any of the following definitions:
(a) islands with no residents: or
(b) areas set by the integrated coastal management plan under Article 5 within 500 meters from the landward boundary of coastal waters (1000 meters
in the case of designated port by Port Act, fishing harbor of I or III Category by Fishing Harbor Act, industrial complex by Industrial Sites and
Development Act).
4. The term ÒCoastal Readjustment ProjectÓ means a project falling under any of the following definitions:
(a) a project to protect the coastal zone from coastal hazards and erosion, and to restore damaged coast line; or
(b) a project to clean coastal waters and to eliminate abandoned vessels in order to preserve and improve coastal waters; or
(c) a project to revitalize a waterfront.
Article 3 (Basic goals of coastal management)
The coastal zone is managed from the viewpoint of integration and future-orientation in order to harmonize ecological, cultural, and economic values.
Article 4 (Coastal survey)
(1) The Minister of Maritime Affairs and Fisheries (hereinafter referred to the as Òthe MinisterÓ) must enforce a basic survey on coastal conditions for
efficient coastal management every 5 years.
(2) The Minister must enforce a supplementary survey where an area has been recognized as having a changed shoreline and ecosystem resulting from basic
survey referred to in paragraph (1).
(3) The Minister must enforce a comprehensive survey where an area has been recognized as needing a coastal revitalization project.
(4) The contents, method, or other necessary matters of survey under paragraphs (1) to (3) shall be prescribed by Presidential Decree.
CHAPTER II. INTEGRATED COASTAL ZONE MANAGEMENT
Article 5 (Formulating an Integrated Coastal Management Plan)
(1) The Minister shall formulate an Integrated Coastal Management Plan (hereinafter referred to as Ò Integrated PlanÓ) through the deliberations of the
National Coast Deliberation Committee under Article 22 and the Environmental Conservation Committee under Article36 of the Framework Act on
Environmental Policy (hereinafter referred to as the ÒEnvironmental Conservation CommitteeÓ) in order to preserve, utilize, or develop the coastal zone.
(2) When the Minister establishes the Integrated Plan, the Minister shall listen to the opinion of the Metropolitan City Mayor or Do governor (hereinafter
referred to as the ÒMayor/Do governorÓ), the head of the Shi/Kun/autonomous Ku, and relevant experts, and shall consult with the head of the central
administrative agency concerned.
(3) In the course of establishing the Integrated Plan, the Minister can request the submission of needed material from the head of the central administrative
agency concerned. In this case, the head of the central administrative agency concerned, must respond if there is no reason to refuse.
Article 6 (Contents of the Integration Plan)
(1) The Integration Plan shall include the following items:
1. The boundary of coastal lands
2. The planning area
3. Basic Policy Direction for coastal management
4. Matters concerning desirable preservation, utilization, or development, such as preserving the coastal environment, sustainable development of the
coast, etc.
5. Restriction and support by permit under other Acts or Presidential Decrees in the coastal zone
6. Matters of coordinating policy conflicts concerning coastal preservation, utilization, and development among the administrative agencies concerned
7. Basic Direction of coastal revitalization projects
8. Matters that the Minister deems to be included
(2) When the boundary of coastal land and planning area under the provisions of subparagraph 1 or 2 of paragraph 1 is determined, the Minister shall
consider the following items:
1. Administrative district or configuration of the ground
2. Zoning of coastal uses or land planning under other Acts and Presidential Decrees
3. Watershed, current, and the character of configuration of sea bottom
4. Coastal ecosystem or other matters concerning about the preservation of the natural environment
5. Fishery, Mining, tourism or other uses in coastal waters
6. Boundaries for areas affected by land-based pollutants
7. Relationship of social or economic activity
Article 7 (Public Notice of the Integration Plan)
(1) With regard to establishment of the Integrated Plan, the Minister shall give public notice of government documents, and inform the head of the central
administrative agency concerned, mayor and Do governor without delay.
(2) The Mayor and Do governor informed under paragraph (1) shall direct the head of the Shi/Kun/autonomous Ku to make the Integrated Plan available to
the public without delay.
(3) Matters that to be resolved need for public notice, informing, or availability under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
Article 8 (Formulating a Local Coastal Management Plan)
(1) The head of a Shi/Kun/autonomous Ku can establish a Local Coastal management Plan (hereinafter referred to as ÒLocal PlanÓ) within their jurisdiction
for efficient coastal preservation, utilization, or development.
(2) The Mayor or Do governor can establish a Local Plan covering 2 or more shi/Kun/autonomous Ku for efficient coastal preservation, utilization, or
development within the guidelines of the Integration Plan in which there is not a publicly notified Local Plan under paragraph 1 of Article 9. However, the
Minister can establish a Local Plan independently following the establishment procedure of Integrated Plan set by Article 5 where the Mayor or Do governor
recognizes difficulties, that he cannot establish a Local Plan covering 2 of more Shi/Kun/autonomous Ku.
(3) A Local Plan shall include the following items:
1. Policy direction about coastal management within its jurisdiction
2. Requirements for the implementation of the Integration Plan
3. Policy direction of coastal revitalization projects within its jurisdiction
4. Other matters that the head of the Shi/Kun/autonomous Ku deems need to be included
(4) While establishing the local plan, the Mayor and Do governor or the head of the Shi/Kun/autonomous Ku shall hold a public hearing in accordance with
Presidential Decree and listen to the opinions of local residents and experts concerned, and shall get approval for the Local Plan from the Minister through the
deliberation of the Local Coast Deliberation Committee.
(5) Where the Minister approves the local plan by virtue of the above provision (4), the Local Plan shall be accepted by the National Coast Deliberation
Committee as prescribed in Article 22.
Article 9 (Notice of a Local Plan)
(1) With regard to establishment of a Local Plan as prescribed in provision (4) of Article 8, the head of the Shi/Kun/autonomous Ku shall give notice to the
public using an official gazette, notify the administrative body concerned, and provide access to the public.
(2) With regard to establishment of a Local Plan as prescribed in provision (4) of Article 8, the Mayor and Do governor shall give notice to the public using an
official gazette, and notify the administrative body concerned and the head of the Shi/Kun/autonomous Ku.
(3) The head of the Shi/Kun/autonomous Ku notified as referred to in provision (2) shall provide access without delay.
(4) The Minister can assist with the cost of establishing or implementing of a Local Plan from the budget of MOMAF.
Article 10 (Revising Integrated Plan, etc.)
(1) The Minister, Mayor and Do governor, and head of the Shi/Kun/autonomous Ku can revise the Integrated Plan or Local Plan where necessary or at the
request of the head of the administrative body concerned.
(2) Article 5 and Article 7 shall apply mutantis mutandis to the revision of the Integrated Plan (1) referred to in provision (1). However, only Article 7 shall
apply mutantis mutandis to minor revisions of the Integrated Plan as prescribed by Presidential Decree.
(3) Provision 4 or 5 of Article 8 and Article 9 shall apply mutantis mutandis to the revision of the Local Plan (1) referred to in provision (1). However, only
Article 9 shall apply mutantis mutandis to minor revisions of the Local Plan as prescribed by Presidential Decree.
Article 11 (Relationship of other national Plans)
(1) When establishing or revising an Integrated Plan or Local Plan, the Minister, Mayor and Do governor, and head of the Shi/Kun/autonomous Ku shall
establish or revise an Integrated Plan or Local Plan within the boundary of the plan or zoning, etc. which has been established or designated pursuant to the
provisions of other laws applying to coastal zone. However, The Minister, Mayor and Do governor, and head of the Shi/Ku/autonomous Ku can request
revision of the plan or zoning, etc which is established or designated pursuant to the provisions of other laws, where it is needed for preserving the coastal
environment or for sustainable development.
(2) Where heads of administrative bodies concerned establish or revise a plan, or they designate, revise or cancel a zoning, etc. pursuant to the provisions of
other laws applying to coastal zone, they shall notify the Minister of MOMAF, Mayor and Do governor, and head of the Shi/Kun/autonomous Ku without
delay.
(3) When the Minister of MOMAF, Mayor and Do governor, and head of the Shi/Kun/autonomous Ku are informed as per provision (2), they shall revise
the Integrated Plan or Local Plan accordingly and give notice publicly.
Article 12 (Observance of an Integrated Plan, etc.)
The head of administrative bodies shall observe an Integrated Plan or Local Plan in preserving, utilizing, or developing coastal resources.
CHAPTER III. COASTAL ZONE READJUSTMENT PROJECT
Article 13 (Formulating a Coastal Readjustment Plan)
(1) The Minister shall formulate a Coastal Readjustment Plan (hereinafter referred to as ÒReadjustment PlanÓ) for efficient coastal zone readjustment project
every 10 years. In this case, the Minister can establish the Readjustment Plan in coast where it is pursuant to the following pieces of legislation only if asked
by the head of administrative bodies concerned:
1. Urban Planning Act
2. Industrial Location and Development Act
3. Promotion of Distribution Complex Development Act
4. National Environment Conservation Act
5. Natural Parks Act
6. Islands Ecosystem Conservation Act
7. Inland Water-body Water Quality Act
8. Water Supply and Waterworks Installation Act
(2) When establishing the Readjustment Plan, the Minister must listen to the opinions of the Mayor and Do governor and consult with the heads of
administrative bodes concerned, and thereafter ??? Readjustment Plan shall be deliberated upon by National Deliberation Committee as prescribed in Article
22.
(3) The Minister shall give public notice as having established Readjustment Plan without delay.
Article 14 (Contents of the Readjustment Plan)
The readjustment plan should include following particulars:
1. Basic direction of the coastal readjustment project
2. Mid-term and long-term plan of the coastal readjustment project
3. Annual plan of the coastal readjustment project
4. Other matters that Minister deems need to be included
Article 15 (Revising the Readjustment Plan)
(1) The Minister can revise the Readjustment Plan where it needs to be revised due to coastal conditionsÕ change.
(2) Provision 2 or 3 of the Article 13 shall apply mutantis mutandis to the revision of Readjustment Plan referred to in provision (1). However, only
provision 3 of Article 13 shall apply mutantis mutandis for minor revisions as prescribed by Presidential Decree.
Article 16 (Doer of coastal readjustment projects)
(1) The minister implements coastal readjustment projects in coastal port areas set by the Port Act. However, the Mayor and Do governor, and head of the
Shi/Kun/autonomous Ku can implement a coastal readjustment project prescribed by the Ordinance of the MOMAF.
(2) The Mayor and Do governor, and head of the Shi/Kun/autonomous Ku implement coastal readjustment projects as stipulated by the Ordinance of the
MOMAF in coastal areas, excluding coastal port areas set by the Port Act. However, the Minister can implement coastal readjustment projects coming
under any of the following sub-paragraphs;
1. Project greater than that set by Presidential Decree
2. Project needed highly advanced technology
3. Project straddling 2 or more metropolitan cities or prefectures
4. Other projects that affect public interests
(3) The Minister shall listen to the opinion of the Mayor and Do governor, and head of the Shi/Kun/autonomous Ku before he implements a coastal
readjustment project pursuant t the proviso referred to in provision (2).
(4) Persons designated by the Minister, the Mayor and Do governor, and head of the Shi/Kun/autonomous Ku can implement a coastal readjustment project
within their jurisdiction as stipulated by the following classification;
1. Coastline within a designated port area set by the Port Act: The Minister
2. Other coastline than that referred to in sub-paragraph 1: The Mayor and Do governor, and head of the Shi/Kun/autonomous Ku stipulated by the
first paragraph of provision (2)
Article 17 (Formulating an action plan for a coastal readjustment project)
(1) The Doer of a coastal readjustment project stipulated by Article 16 (hereinafter referred to as the ÒProject DoerÓ) shall establish an action plan for the
coastal readjustment project in order to implement the coastal readjustment project within the Readjustment Plan.
(2) The Project Doer shall get approval from the Minister for establishing the action plan for the coastal readjustment project. It is the same as revising an
action plan for a coastal readjustment project.
(3) Where the Minister establishes an action plan for a coastal readjustment project or approves the action plan for a coastal readjustment project stipulated
by the provision (2), the Minister shall consult with the heads of administrative bodies in advance. It is the same as revising an action plan for a coastal
readjustment project established by the Minister.
(4) When the Minister has established, revised or approved the action plan for a coastal readjustment project according to the stipulated provision (2), the
Minister shall give notice publicly and notify the heads of administrative bodies concerned.
Article 18 (A legal presumption of authorization or permission)
(1) When the Minister gives notice of the action plan for a coastal readjustment project under provision 4 of article 17, the following procedures of
permission, authorization, decision, license, deliberation, consent approval, report or dissolution and so forth (we call it Òauthorization or permission, etc.Ó in
this article) and a notice or a notification of authorization or permission etc. under related laws are considered to have been done.
1. Agreement on construction permission under Article 8 of the Fire Services Act, permission for the establishment of a factor under Article 16 (1) of
the same Act, report on the work for fire-fighting facilities under Article 62 (1) of the same Act;
2. Use approval other than for purposes of agricultural infrastructure as referred to in Article 20 of the Rearrangement of Agricultural and Fishing
Villages Act;
3. Permission for farmland conversion referred to in Article 36 of the Farmland Act;
4. Permission for deforestation, etc. in erosion control areas as referred to in Article 14 of the Work against Land Erosion or Collapse Act and any
cancellation of designation as an erosion control area as referred to in Article 20 of the said Act; and
5. Permission for conversion of forest reserve as referred to in Article 18 of the Forestry Act, cancellation of designation as a forest reserve as referred
to in Article 57 of the said Act and permission for deforestation, etc. as referred to in Articles 62 and 90 of the said Act;
6. Cancellation of the wildlife sanctuary establishment as referred to in Article 4 (8) of the Act on Wild Life Conservation and Game;
7. Permission for changes in form and quality of land as referred to in Article 21-2 of the Grassland Act and permission, report or consultation on
grassland conversion referred to in Article 23 of the said Act;
8. Approval for the execution of work in a protected water zone as referred to in Article 69 of the Fisheries Act;
9. Authorization for or report on the construction scheme of private electrical equipment as referred to in Article 32 of the Electricity Business Act;
10. Permission for changes in form and quality of land as referred to in Article 4 of the Urban Planning Act, designation of urban planning project
operators as referred to in Article 23 of the said Act and authorization for the implementation plan for an urban planning project as referred to in
Article 25 of the said Act;
11. Permission for installation of the structure for public sewerage as referred to in Article 20 of the Sewerage Act;
12. Consultations with or approval by the road management agency as referred to in Article 8 of the Road Act, permission for the execution of road
work as referred to in Article 34 of the said Act and occupancy or use permission on roads as referred to in Article 40 of the said Act;
13. Permission for the opening of private roads as referred to in Article 4 of the Private Road Act;
14. Occupancy or use permission for public waters as referred to in Article 5 of the Public Waters management Act;
15. Reclamation license as referred to in Article 9 of the Public Waters Reclamation Act, authorization of the enforcement plan as referred to in Article
15 of the same Act and consultation or approval as prescribed in Article 38 (1) of the same Act;
16. Permission for the execution of small river work as referred to in Article 10 of the Small River Maintenance Act;
17. Permission for aggregate picking as referred to in Article 22 of the Aggregate Picking Act; and
18. Reburial permission for deserted graves as referred to in Article 16 of the Burial and Graveyard, etc. Act.
(2) When the Minister establishes or changes the action plan for the coastal readjustment project, or approves the action plan under provision 2 of article 17,
he shall consult with heads of administrative bodies in advance only if the items of each number of the provision of 1 are include in the action plan of coastal
readjustment project concerned.
Article 19 (Expropriation or use of land)
(1) The Project Doer can expropriate or use the land, goods or rights under provision of article 2 of the Compulsory Purchase of Land Act where needed for
the enforcement of the coastal readjustment project.
(2) The provision of (1) of this article with respect to the expropriation or use of land, goods or rights shall be pursuant to the Compulsory Purchase of Land
Act, except for the things stipulated in this Act.
(3) When the announcement referred to in Article 17 (4) is made, project approval and announcement of project approval as referred to in Article 14 of the
Land Expropriation Act and Article 16 of the said Act shall be deemed as made, notwithstanding the provisions of Article 17 of the Land Expropriation Act
and Article 25 (2) of the said Act. Application for adjudication can be made within the period of effectiveness of projects.
Article 20 (Burden of expense)
(1) The project Doer bears the expense required for enforcement of the coastal readjustment project.
(2) The Government may give financial aid or loan all or part of the expenses borne by the Mayor/Do governor or head or the Shi/Kun/autonomous Ku as
prescribed by paragraph (1) within budget limits.
Article 21 (Burden of cause provider)
(1) The Minister, Mayor and Do governor or the head of the Shi/Kun/autonomous Ku, where a coastal readjustment project needs to be done by the
construction or action unrelated to a readjustment project as prescribed by Presidential Decree, can make the doer of the construction or the causer bear all or
part of the expense of the coast readjustment project.
(2) Where no expense is paid by the bearer referred to in paragraph (1) within the period prescribed by the Ordinance of Ministry of Maritime Affairs and
Fisheries, it shall be collected pursuant to the examples of disposition on national or local taxes in arrears.
CHAPTER IV. COASTAL MANAGEMENT COMMITTEE
Article 22 (National Coastal Deliberation Committee)
(1) To deliberate upon the following matters, the National Coastal Deliberation Committee shall be composed under the Minister.
1. Matters of establishment and changes in the Integrated Plan and Local Plan
2. Matters of establishment and changes in the Readjustment Plan
3. Other matters that the Minister deems need to be included
(2) The Minister may request deliberation directly from the Environmental Conservation Committee despite the rules about the organization and operation,
etc. of the environmental conservation committee.
(3) Organization, operation, and other necessary matters with regard to the National Coastal Deliberation Committee shall be prescribed by Presidential
Decree.
Article 23 (Local Coastal Deliberation Committee)
(1) To deliberate upon important matters with respect to the establishment or changes in a Local Plan, or management issues of jurisdictional coast, the Local
Coastal Deliberation Committee shall be composed under the Mayor and Do governor.
(2) Necessary matters regarding the function, organization and operation etc. of the local deliberation committee are regulated by the ordinance of the
metropolitan city or Do.
CHAPTER V. SUPPLEMENTARY PROVISIONS
Article 24 (Honorary coastal manager)
(1) The Minister, Mayor and Do governor, and head of the Shi/Kun/autonomous Ku can appoint an honorary coastal manager where necessary for efficient
coastal management.
(2) Necessary matters regarding qualifications, appointment and job scope etc. of the honorary coastal manager under paragraph (1) shall be prescribed by
Presidential Decree.
Article 25 (Periodic inspection of coast)
(1) The Minister should order public officials belonging to MOMAF to inspect the enforcement status of the Integrated Plan or Local Plan periodically.
(2) Other necessary matters regarding the content, method etc. of inspection under paragraph (1) shall be prescribed by Presidential Decree.
(3) The Minister, where corrective measures are especially needed after inspection under paragraph (1), can request the administrative bodies concerned to
undertake these. In this case, the administrative body concerned should respond, and report the plan for measures and the results to the Minister.
Article 26 (Entry, etc. to Land, etc.)
(1) The Project Doer and public officials who enforce a coastal survey as referred to in Article 4 and inspection as referred to in Article 25, where deemed
necessary for the coastal readjustment project or the coastal survey, can enter otherÕs private land or coastal waters (hereinafter in this Article referred to as
Òland etc.Ó), use the otherÕs land for a material store or temporary road, and alter or remove bamboo and tree, earth and rocks or other obstacles if necessary.
(2) Any person who intends to enter private land etc. pursuant to paragraph (1), shall notify the occupant of the date and place 5 days before he wants to
enter. However, the notice shall not be needed where it is not known who the occupant is or there exists any inevitable cause.
(3) Entry cannot be made to private land etc. enclosed by a wall or fence without the occupantÕs consent before sunrise and after sunset.
(4) Where the Project Doer or public officials who enforce a coastal survey use anotherÕs land for a material store or temporary road, alter or remove bamboo
and tree, earth and rocks, or other obstacles pursuant to paragraph (1), they shall obtain consent from the owner, occupant or manager of obstacles.
However, obtaining consent shall not be need where it is not known who the owner, occupant or manager is or there exists any inevitable cause.
(5) Any person who intends to perform and act referred to in paragraph (1) shall present a certificate indicating his authority to the concerned persons on the
terms and conditions of the Ordinance of the MOMAF.
Article 27 (Compensation for losses)
(1) Where there is any loss from the behavior referred to in Article 26 (1), the Project Doer shall compensate for it.
(2) The compensation for loss as referred to in paragraph (1) shall be settled by agreement between the Project Doer and the person who has sustained the
loss.
(3) Where agreement as referred to in paragraph (2) is not reached, a ruling may be applied for to a competent land commission on such terms and conditions
as Presidential Decree may determine.
Article 28 (Delegation and Entrustment of Authority)
(1) Part of the authority of the Minister under this Act may be delegated to agencies under his jurisdiction or the Mayor/Do governor, or entrusted to the
heads of administrative bodies concerned respectively on such terms and conditions as Presidential Decree may determine.
(2) The minister may entrust all or part of the duties of periodic coastal inspection as referred to in Article 25 to related specialized agencies established for
the purpose of inspection and research etc. about the preservation and utilization of the marine resources on such terms and conditions as residential Decree
may determine.
Article 29 (Fine for Negligence)
(1) Any person who interferes with or refuses an investigation referred to Article 26 (1), with respect to entry, temporary use or the alteration or removal of
obstacles shall be punished by a fine for negligence not exceeding three million won.
(2) The fine for negligence referred to in paragraph (1) shall be imposed and collected by the Minister, Mayor and Do governor or the head of the
Shi/Ku/autonomous Ku (hereinafter referred to Òmanagement agencyÓ) on such terms and conditions as Presidential Decree may determine.
(3) Any person who is dissatisfied with an imposition of a fine for negligence as referred to in paragraph (2) may file an objection with the management
agency within thirty days from the date of receipt of notice of such imposition.
(4) Where any person who has been subject to the imposition of a fine for negligence as referred to in paragraph (2) files an objection pursuant to paragraph
(3), the management agency shall notify promptly such fact to a competent court, and the court which has received such notification shall bring the fine for
negligence to trial under the Non-Contentious Case Litigation Procedure Act.
(5) Where no objection is made and no fine for negligence is paid within the period referred to in paragraph (3), it shall be collected pursuant to the examples
of disposition on national or local taxes in arrears.
Addendum
This Act shall enter into force six months after the date of its promulgation.