Fisheries Act

No head of a Si/Gun/Gu shall grant a license for fishery business to any person who falls under any of the following subparagraphs:

1. A legal entity or an organization, the business purpose of which is not fishery;
2. A person, the area of whose fishing ground is equal to or larger than that prescribed by Presidential Decree, if the area of fishing ground to which he/she applies for a fishery right is added to the area of fishing ground to which he/she has obtained a fishery right;
3. Deleted;
4. A person who was sentenced to imprisonment without labor or heavier punishment for a violation of this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, the Fishing Vessels Act or the Fishery Resources Management Act and for whom two years have yet to elapse from the date the execution of the sentence was terminated (including the cases where the execution of the sentence is deemed to have been terminated) or exempted;
5. A person who was sentenced to a stay of an execution of imprisonment without labor or heavier punishment for a violation of this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, the Fishing Vessels Act or the Fishery Resources Management Act and is under the period of the stay of execution;
6. A person who was sentenced to a fine of one million won or more for a violation of this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, the Fishing Vessels Act, or the Fishery Resources Management Act and for whom two years have yet to elapse from the date the sentence became final and conclusive.

No head of a Si/Gun/Gu shall grant a license for fishery business to any person who falls under any of the following subparagraphs:

1. A legal entity or an organization, the business purpose of which is not fishery;
2. A person, the area of whose fishing ground is equal to or larger than that prescribed by Presidential Decree, if the area of fishing ground to which he/she applies for a fishery right is added to the area of fishing ground to which he/she has obtained a fishery right;
3. Deleted;
4. A person who was sentenced to imprisonment without labor or heavier punishment for a violation of this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, the Fishing Vessels Act or the Fishery Resources Management Act and for whom two years have yet to elapse from the date the execution of the sentence was terminated (including the cases where the execution of the sentence is deemed to have been terminated) or exempted;
5. A person who was sentenced to a stay of an execution of imprisonment without labor or heavier punishment for a violation of this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, the Fishing Vessels Act or the Fishery Resources Management Act and is under the period of the stay of execution;
6. A person who was sentenced to a fine of one million won or more for a violation of this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, the Fishing Vessels Act, or the Fishery Resources Management Act and for whom two years have yet to elapse from the date the sentence became final and conclusive.

(1) If the waters for which a license for fishery business is sought fall under Article 34 (1) 1 through 7, the head of a Si/Gun/Gu shall not be required to grant such a license for fishery business. (2) The head of a Si/Gun/Gu shall not grant a license for fishery business to a person whose license for fishery business was revoked on any of the grounds set forth in subparagraphs 1 and 3 through 6 of Article 35 (excluding cases that fall under any of Article 34 (1) 1 through 7), if two years have not passed since the revocation of the previous license, as prescribed by the Presidential Decree.

When granting a license for fishery business, the head of a Si/Gun/Gu may place restrictions or conditions on the license, if deemed necessary for coordination of fisheries or if the case falls under any of Article 34 (1) 1 through 7.

(1) Each fishery business license under Article 8 shall be effective for ten years: Provided, That the period of validity of such a license may be shortened to less than ten years, where the license is subject to Article 4 (4) of this Act or Article 8 (5) of the Fishing Ground Management Act, or where Presidential Decree prescribes necessary matters concerning the protection of fishery resources and coordination of fisheries. (2) The head of a Si/Gun/Gu shall, upon request by a fishery right holder, permit an extension of the period of validity within the limit of ten years from the expiry of the license, except a ground falling under the proviso to paragraph (1) exists, any subparagraph of Article 13 (7) or any subparagraph of 34 (1). In such cases, the total period of extensions as permitted shall not exceed ten years, if such extensions are permitted over several times. (3) Even where a fishery right holder has not requested an extension of the period of validity, the head of a Si/Gun/Gu may, upon request by a registered holder to the fishery right, permit an extension of the period of validity of the fishery right. (4) The head of Si/Gun/Gu shall notify the applicant of whether to grant a permit within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date he or she receives a request for a permit under the former part of paragraph (2) or (3). <Newly Inserted on Jan. 8, 2019> (5) If the head of a Si/Gun/Gu fails to notify the applicant of whether to grant a permit within the period prescribed in paragraph (4) or of an extension of the processing period under statutes or regulations related to processing civil petitions, a permit shall be deemed granted on the date following the date of expiry of the relevant period (referring to the extended or re-extended period, where the processing period is extended or re-extended under statutes or regulations related to processing civil petitions). <Newly Inserted on Jan. 8, 2019> (6) A fishery right shall be extinguished simultaneously upon the expiration of the period of validity of the license concerned or the extended period as permitted under paragraph (2).

(1) As to a person who intends to do fishery business in the area of waters where fisheries are restricted or for which the fishery business license has been revoked because the area of waters falls under any of Article 34 (1) 1 through 6 or subparagraph 6 of Article 35 (limited to the cases falling under any of Article 34 (1) 1 through 6), the head of a Si/Gun/Gu may grant a limited fishery business license under Article 8 (hereinafter referred to as "limited fishery business license") after setting the period of validity of the license, etc. particularly, subject to consultation with or approval from the head of the administrative agency concerned. (2) As to any limited fishery business license, Article 16 (2), the proviso to the head sentence of Article 19 (1) and Article 81 (1) shall not apply. (3) The head of a Si/Gun/Gu shall, whenever granting a limited fishery business license, put a condition to exclude the case from any compensation under other statutes or regulations, if the administrative agency concerned agrees or approves the license on such condition.

(1) Any person who obtains a fishery business license in accordance with Article 8 or has a fishery right transferred or divided in accordance with Article 19 shall acquire the fishery right only when it is registered on the original register of fishery rights under Article 17. (2) A fishery right shall be a real right, to which the provisions of the Civil Act governing land shall apply mutatis mutandis, except as provided by this Act. (3) As to a fishery right and the right to fulfill the purpose thereof, the provisions of the Civil Act governing pledge rights shall not be applicable. (4) It shall be deemed that any fishery right held by a fishing village fraternity which is not a legal entity, is owned collectively by the fishing village fraternity.

(1) The matters concerning the creation, preservation, transfer, alteration, extinguishment, restrictions on disposition, and equities of a fishery right and the rights derived therefrom, and also the matters concerning fishery activities by a piscary holder, shall be registered on the original register of fishery rights. (2) Registration under paragraph (1) shall be deemed effective as a substitute for the registration of real estate. (3) The matters concerning registration shall be prescribed by Presidential Decree.

(1) A fishery right holder shall be permitted to do any act prescribed in the Public Waters Management and Reclamation Act within the extent necessary for fishery business which he/she is granted a license to do. <Amended on Apr. 15, 2010> (2) Article 46 of the Public Waters Management and Reclamation Act shall not apply to paragraph (1). <Amended on Apr. 15, 2010>

(1) Any person who engages in fishery business with a fishery right, but wants to suspend his/her business for at least one year consecutively, shall submit a report in advance to the head of a Si/Gun/Gu, stating a definite business suspension period: Provided, That no one may suspend his/her fishery business before commencing the business pursuant to Article 31 (1), and suspend his/her business for more than two consecutive years. (2) Deleted. <Aug. 27, 2019> (3) A person who has reported under paragraph (1) shall report in advance with the head of a Si/Gun/Gu to resume his/her fishery business before expiration of the business suspension period previously reported. <Amended on Aug. 27, 2019> (4) No period reported or extended pursuant to paragraph (1) shall include the period during which fishery business has been suspended in compliance with an order issued pursuant to Article 34 or 61, and the period of intermission for a fishing ground under the Fishing Ground Management Act. <Amended on Aug. 27, 2019> (5) A fishery right holder who intends to voluntarily surrender his/her fishery right shall report his/her intent to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(1) No fishery right holder shall allow any third person to have de facto control over the management of his/her fishery business. (2) The extent of de facto control over the management of fishery business under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>