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Government Legislation

  • Whole Amendment to the Enforcement Decree of the Harbor Act
    • Competent Ministry : Ministry of Oceans and Fisheries
    • Advance Publication of Legislation : 2020-03-30
    • Opinion Submission Deadline : 2020-05-11

(1) Reasons for Proposal

As the Harbor Act has been wholly revised (Act No. 16902, promulgated on January 29, 2020, and to be enforced on July 30, 2020) so that the Harbor Act and the Act on Port Redevelopment and Adjacent Area Development have been divided and the Managerial and Operational Rule of Harbor Hinterland Complexes has been newly established, this amendment aims to revise related provisions within the Enforcement Decree, prescribe matters delegated by the Act, such as the scope of port facilities for which transfer is restricted and the qualifications for occupancy of harbor hinterland complexes, and improve and supplement a number of shortcomings in the operation of the current system, such as adjusting the scope of harbor facilities not vested in the State.

 

(2) Major Provisions

A. Newly establish the Port Facility Technical Standards Subcommittee of the Central Port Policy Committee (Article 7) 

Newly establish the Port Facility Technical Standards Subcommittee of the Central Port Policy Committee, which shall deliberate on the establishment and operation matters of port facility technical standards and the application, promotion, and modification matters of new technologies related to port facilities.

B. Adjust the scope of harbor facilities not vested in the State (Article 24) 

Ensure that the facilities vested in the implementer of a fishery harbor development project and pollution prevention facilities under the Fishing Villages and Fishery Harbors Act shall vest in the non-management authorities, and the facilities for public service works other than those created by the Harbor Management Office shall be excluded from facilities vested in the State.

C. Establish the scope of land that may be requested for sale by non-management authorities (Article 27) 

Allow non-management authorities to request a sale to the State only for land, among the land designated as harbor hinterland complex, where a plan for requesting a sale is specified in the proposal submitted when applying for approval of the port development project implementation plan.

D. Specify the scope of land and port facilities for which transfer is restricted (Article 28) 

Define the exclusive purpose facilities, fishery harbor facilities, support facilities, water-friendly harbor facilities, the land not vested in the State, etc., of non-management authorities as non-transferable land and port facilities.

E. Prescribe the qualifications for occupancy of harbor hinterland complex (Articles 70 and 71) 

The types of industries that can move into the harbor hinterland complex and the qualifications to move in by industry are determined, and in the case of manufacturing industries competing for a tenancy agreement, those with an export share of 80/100 or more may access a priority tenancy agreement.



Regulatory effect assessment
  • 항만법 시행령 규제영향분석서.hwp [download]
Legislative proposal (draft)
  • 항만법 시행령 전부개정 입법예고문.hwp [download]