Relevant Laws
MARINE ENVIRONMENT MANAGEMENT ACT
[Enforcement Date 23. Dec, 2015.] [Act No.13383, 22. Jun, 2015., Amendment by Other Act]
Article 2(definitions)
- The terms used in this Act shall be defined as follows:<Amended by Act No. 8379, Apr. 11, 2007; Act No. 8404, Apr. 27, 2007; Act No. 8788, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9773, Jun. 9, 2009; Act No. 9872, Dec. 29, 2009; Act No. 11597, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12300, Jan. 21, 2014>
- 5. The term "oil" means crude oil and petroleum products (excluding petroleum gas) provided for in the Petroleum and Petroleum Substitute Fuel Business Act, liquid oil mixtures containing them (hereinafter referred to as "emulsion mixtures"), and waste oil;
Article 66 (Keeping Materials and Chemicals, etc.)
- (1) The port management authority and owners of ships and marine facilities shall keep and maintain materials and chemicals used for pollution response against or prevention of pollutants in storage facilities or in the relevant ships and marine facilities. <Amended by Act No. 10803, Jun. 15, 2011>
- (2) Materials and chemicals to be kept and maintained pursuant to paragraph (1) shall be type-approved, authorized, and recognized pursuant to Article 110 (4), (6), and (7) or authorized pursuant to Article 110-2 (3). <Amended by Act No. 10803, Jun. 15, 2011>
- (3) The kinds, quantity, methods of keeping materials and chemicals to be kept and maintained pursuant to paragraph (1), standards for storage facilities, and other necessary matters shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10803, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
Article 67 (Placement, etc. of Pollution Response Vessels, etc.)
- (1) The owner of any of the following ships or marine facilities shall place or install pollution response vessels or pollution response equipment (hereinafter referred to as "pollution response vessels, etc.") in sea areas determined by Ordinance of the Ministry of Oceans and Fisheries in accordance with the criteria set by Presidential Decree in preparation for oil spills into the ocean: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
- 1. An oiler of at least 500 gross tons;
- 2. A ship of at least 10,000 gross tons (limited to ships, excluding oilers);
- 3. An oil storage facility with a capacity of at least 10,000 kiloliters, registered as a marine facility.
- (2) Any person who is required to place or install pollution response vessels, etc. pursuant to paragraph (1) (hereinafter referred to as "person responsible for placement") may jointly do so or entrust the placement or installation thereof to the Korea Marine Environment Management Corporation under Article 96 (1), as prescribed by Presidential Decree.
- (3) The Minister of Public Safety and Security may issue to the persons who have failed to place or install pollution response vessels, etc. an order aimed at prohibiting ships' entry into or departure from ports, or suspending the use of facilities. <Amended by Act No. 12844, Nov. 19, 2014>
- (4) Where pollutants are discharged or feared to be discharged from any ship or marine facility referred to in paragraph (1), the Minister of Public Safety and Security shall have a person responsible for placement take pollution response measures and measures to prevent discharge under Article 65. In such cases, when a person responsible for placement jointly places or installs pollution response vessels, etc. or entrusts the placement or installation thereof to the Korea Marine Environment Management Corporation pursuant to paragraph (2), he/she shall have the joint placer or installer, or the Korea Marine Environment Management Corporation jointly take pollution response measures and measures to prevent discharge.
Article 69 (Pollution Response Contributions)
- (1) Any person responsible for placement shall pay pollution response contributions required for marine pollution response measures, such as pollution response measures and measures for the prevention of discharge against oil spill accidents, etc.
- (2) Pollution response contributions under paragraph (1) shall be used for the projects under Article 97 (1) 3.
- (3) Pollution response contributions under paragraph (1) shall be paid to the Korea Marine Environment Management Corporation under Article 96 (1), and matters regarding the criteria and procedure for the imposition of pollution response contributions under paragraphs (1) and (2) and others shall be determined by Presidential Decree.
Article 128 (Penalty Provisions)
- Any of the following persons shall be punished by imprisonment with labor for up to two years or by a fine of up to 20 million won: <Amended by Act No. 10803, Jun. 15, 2011; Act No. 11479, Jun. 1, 2012>
8. A person who fails to place or install pollution response vessels, etc. in violation of Article 67 (1);
9. A person who violates an order to prohibit ships from entering into and departing from a port or an order to suspend the use of facilities under Article 67 (3);
Article 129 (Penalty Provisions)
- (1) Any of the following persons shall be punished by imprisonment with labor for up to one year, or by a fine of up to ten million won: <Amended by Act No. 9872, Dec. 29, 2009; Act No. 10803, Jun. 15, 2011>
10. A person falling under Article 63 (1) 1 or 2 who fails to file a report or files a false report;
