(1) Each foreigner who intends to conduct fishery activities in an exclusive economic zone other than a no take zone shall obtain a license for each vessel from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> (2) When granting a license pursuant to paragraph (1), the Minister of Oceans and Fisheries shall issue a certificate of license to the relevant foreigner. <Amended by Act No. 11690, Mar. 23, 2013> (3) Each foreigner who has obtained a license pursuant to paragraph (1) shall mark on the licensed vessel to ensure the distinguishability of the licensed matters and carry a certificate of license pursuant to paragraph (2). (4) Matters relating to licenses under paragraphs (1) through (3) shall be stipulated by Presidential Decree, and licensing procedure, issuance of a certificate of license, methods of marking, and other necessary matters shall be stipulated by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>

When a foreigner who is granted a license under Article 5 (1) or approval under Article 8 (1) violates this Act, an order, restrictions, or conditions under this Act, the Minister of Oceans and Fisheries may order the suspension of fishery activities or of the capture, picking, etc. of marine animals and plants for the purpose of experimentation, research, etc. (hereinafter referred to as "fishery activities, etc."), or revoke the license under Article 5 (1) or approval under Article 8 (1).

(1) Each person who intends to engage in distant water fisheries shall obtain a permit for each fishing vessel from the Minister of Oceans and Fisheries. The foregoing shall also apply where a person intends to amend any permitted matter: Provided, That minor matters prescribed by Presidential Decree shall be reported. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015> (2) Notwithstanding paragraph (1), where a fishing vessel which is granted a permit for offshore fisheries under Article 41 (1) of the Fisheries Act is permitted to be engaged in fishery activities in any waters under the jurisdiction of a foreign state in accordance with an agreement on fisheries or an agreement on fisheries cooperation with a foreign state or foreigner (hereinafter referred to as “fisheries cooperation with a foreign state”), the Minister of Oceans and Fisheries may grant a permit under paragraph (1) without applying the permission standards for distant water fisheries under paragraph (8). <Newly Inserted by Act No. 13001, Jan. 6, 2015> (3) A person who intends to obtain a permit for distant water fisheries pursuant to paragraph (1) may file an application for permission for concurrent businesses with respect to the very same fishing vessel depending on the structure and performance of such fishing vessel, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (4) The Minister of Oceans and Fisheries shall, where granting a permit for distant water fisheries, do so by dividing the areas of fisheries operations into the Pacific, the Atlantic, and the Indian Ocean: Provided, that he/she may, depending on the type of distant water fishery, grant a permit for the Pacific, the Atlantic, and the Indian Ocean as one area of fisheries operations. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (5) Notwithstanding paragraph (4), if deemed necessary, the Minister of Oceans and Fisheries may grant a permit for the area of fisheries operations after adjustment thereof through fisheries cooperation with a foreign state. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (6) Where it is deemed necessary for fisheries cooperation with a foreign state, protection of overseas fisheries resources, or public interests, the Minister of Oceans and Fisheries may grant permits, specifying the time for fisheries. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (7) A person who intends to be engaged in distant water fisheries through an overseas local corporation established jointly with a foreigner, shall report thereon to the Minister of Oceans and Fisheries. Any person who intends to modify any reported matter shall report such modification. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015> (8) The types of distant water fisheries that require permission under paragraph (1) shall be prescribed by Presidential Decree, and those matters necessary for permission, standards for permission, permission for modification, and reporting on minor matters under paragraph (1), and report or report of modification under paragraph (7) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015> (9) The Minister of Oceans and Fisheries shall grant a permit under paragraph (1) to an applicant, except in any of the following cases: <Newly Inserted by Act No. 11982, Jul. 30, 2013; Act No. 13001, Jan. 6, 2015>

1. Where any defect is found in any application document specified by Ordinance of the Ministry of Oceans and Fisheries, such as a business plan for distant water fisheries;
2. Where permission is subject to restriction under Article 7 (1);
3. Where an applicant falls under a ground for disqualification as prescribed in Article 8 (1);
4. Where an application fails to meet any of the standards for permission for distant water fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the size of a fishing vessel;
5. Where the permit quota for distant water fisheries under paragraph (10) is exceeded;
6. Where permission contravenes any other restriction under this Act or any other statute. (10) If necessary, the Minister of Oceans and Fisheries may determine the permit quota for distant water fisheries, based upon the status of marine resources, the number of deep-sea fishing vessels, other natural and social conditions, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11982, Jul. 30, 2013> (11) A person who has obtained a new permit for distant water fisheries under Article 7 (2) shall be deemed to have succeeded to an administrative disposition, burdens, conditions, etc., imposed with respect to the previous permit for distant water fisheries. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (12) Matters necessary for the permit quota for distant water fisheries under paragraph (10) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11982, Jul. 30, 2013; Act No. 13001, Jan. 6, 2015>

(1) The Minister of Ocean and Fisheries may restrict permission for distant water fisheries of a ship, suspend the distant water fisheries thereof, or restrict mooring of a ship or its entry into and departure from a port in any of the following cases, when granting a permit for distant water fisheries under Article 6, or if a ship for which such permit has been granted falls under any of the following subpararaphs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015>

1. Where an international fisheries organization has made a resolution for preservation and management of resources;
2. Where the permit for distant water fisheries fails to meet international standards regarding fisheries in high seas;
3. Where a request for restrictions is made by a coastal state or international fisheries organization;
4. Where an international fisheries organization whose establishment is in progress has adopted a voluntary or tentative measure;
5. Where the relevant fishing vessel conducts any fisheries operation in any waters under the jurisdiction of any coastal state in which it is deemed that the said state does not grant a licence, permit, or authorization to, and monitor, supervise, and control foreign ships conducting fishery operations, in a effective manner under its fisheries-related statute;
6. Where it is necessary for managing, etc. overseas fisheries resources;
7. Where the relevant fishing vessel falls under any of the ships for which permit for distant water fisheries has ever been cancelled under Article 11 (1);
8. Where the name of a ship against which a disposition for the cancellation, etc. of permit for distant water fisheries has ever been taken under Article 11 (1) has been changed without any justifiable reason;
9. Where a ship belonging to a high risk group under Article 15-2 has ever been specially managed;
10. Where a ship is or was registered in the list of ships involved in illegal, unreported or unregulated fisheries prepared by an international fisheries organization or a costal state;
11. Where the Minister of Oceans and Fisheries deems that there is sufficient evidence to suspect that any ship is illegal, unreported, or unregulated, or that it is necessary to specially place any restriction on such ship for public interests;
12. A case falling under any of the grounds prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as prevention, etc. of accidents related to fishing activities. (2) Restrictions concerning fishing areas, the age of a vessel, etc. may be imposed on fishing vessels allocated for a new permit for distant water fisheries prescribed by Presidential Decree or for replacement of permitted fishing vessels, if necessary.

(1) None of the following persons shall be qualified for a permit for a distant water fisheries under Article 6 (1). The foregoing shall also apply to a corporation that has any of the following persons as its executive: <Amended by Act No. 9627, Apr. 22, 2009; Act No. 12486, Mar. 18, 2014; Act No. 13001, Jan. 6, 2015>

1. An incompetent under the adult guardianship;
2. A person in whose case two years have not passed since a sentence of imprisonment or any heavier punishment for a violation of this Act, the Fisheries Act, or the Fishing Vessels Act was fully executed (including where a sentence is deemed completely executed) or since such execution was discharged;
3. A person subject to a suspended execution of imprisonment or heavier punishment sentenced for a violation of this Act, the Fisheries Act, or the Fishing Vessels Act;
4. A person in whose case two years have not passed since his/her permit was cancelled under Article 11 (1) (excluding where a permit was cancelled due to their falling under Article 8 (1) 1).

(1) The Minister of Oceans and Fisheries may cancel a permit for distant water fisheries or order the suspension of distant water fisheries for a specified period not exceeding six months in any of the following cases: Provided, That a permit for distant water fisheries shall be cancelled where a person commits an offense falling under subparagraph 1: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015>

1. Where a person has obtained a permit by fraudulent or other unjust means;
2. Where a person breaches any term or condition of a permit under Article 6;
3. Where a person becomes disqualified as prescribed in Article 8;
4. Where a distant water fishery operator violates Article 12;
5. When a person breaches any rule prescribed in Article 13. (2) Where a person engaged in distant water fisheries violates this Act or an order issued under this Act, the Minister of Oceans and Fisheries may request the head of the relevant administrative agency to cancel or suspend the person’s license as a ship officer or to issue a reprimand to the ship officer. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (3) Upon receipt of a request under paragraph (2), the head of the relevant administrative agency shall comply with such request. (4) The criteria and procedure for the measures provided for in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(1) The Minister of Ocean and Fisheries may restrict permission for distant water fisheries of a ship, suspend the distant water fisheries thereof, or restrict mooring of a ship or its entry into and departure from a port in any of the following cases, when granting a permit for distant water fisheries under Article 6, or if a ship for which such permit has been granted falls under any of the following subpararaphs:

1. Where an international fisheries organization has made a resolution for preservation and management of resources;
2. Where the permit for distant water fisheries fails to meet international standards regarding fisheries in high seas;
3. Where a request for restrictions is made by a coastal state or international fisheries organization;
4. Where an international fisheries organization whose establishment is in progress has adopted a voluntary or tentative measure;
5. Where the relevant fishing vessel conducts any fisheries operation in any waters under the jurisdiction of any coastal state in which it is deemed that the said state does not grant a licence, permit, or authorization to, and monitor, supervise, and control foreign ships conducting fishery operations, in a effective manner under its fisheries-related statute;
6. Where it is necessary for managing, etc. overseas fisheries resources;
7. Where the relevant fishing vessel falls under any of the ships for which permit for distant water fisheries has ever been cancelled under Article 11 (1);
8. Where the name of a ship against which a disposition for the cancellation, etc. of permit for distant water fisheries has ever been taken under Article 11 (1) has been changed without any justifiable reason;
9. Where a ship belonging to a high risk group under Article 15-2 has ever been specially managed;
10. Where a ship is or was registered in the list of ships involved in illegal, unreported or unregulated fisheries prepared by an international fisheries organization or a costal state;
11. Where the Minister of Oceans and Fisheries deems that there is sufficient evidence to suspect that any ship is illegal, unreported, or unregulated, or that it is necessary to specially place any restriction on such ship for public interests;
12. A case falling under any of the grounds prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as prevention, etc. of accidents related to fishing activities. (2) Restrictions concerning fishing areas, the age of a vessel, etc. may be imposed on fishing vessels allocated for a new permit for distant water fisheries prescribed by Presidential Decree or for replacement of permitted fishing vessels, if necessary.

(1) None of the following persons shall be qualified for a permit for a distant water fisheries under Article 6 (1). The foregoing shall also apply to a corporation that has any of the following persons as its executive: <Amended by Act No. 9627, Apr. 22, 2009; Act No. 12486, Mar. 18, 2014; Act No. 13001, Jan. 6, 2015>

1. An incompetent under the adult guardianship;
2. A person in whose case two years have not passed since a sentence of imprisonment or any heavier punishment for a violation of this Act, the Fisheries Act, or the Fishing Vessels Act was fully executed (including where a sentence is deemed completely executed) or since such execution was discharged;
3. A person subject to a suspended execution of imprisonment or heavier punishment sentenced for a violation of this Act, the Fisheries Act, or the Fishing Vessels Act;
4. A person in whose case two years have not passed since his/her permit was cancelled under Article 11 (1) (excluding where a permit was cancelled due to their falling under Article 8 (1)

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>

(1) The owner of each fishing vessel or the owner of each ship prescribed by Ordinance of the Ministry of Oceans and Fisheries shall file registration of such vessel or ship in the fishing vessel register with the head of the Si/Gun/Gu having jurisdiction over the port or dock which such fishing vessel or ship mainly arrives or departs from (hereinafter referred to as "port of registry") as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, fishing vessels falling under Article 2 of the Ship Registry Act shall be registered as fishing vessels after they are registered as ships. (2) No fishing vessel shall be used for fishing without registration under paragraph (1). (3) The head of a Si/Gun/Gu shall issue a certificate, etc. to a fishing vessel registered pursuant to paragraph (1) according to the following classifications:

1. Fishing vessels with a gross tonnage of at least 20 tons: Certificates of ship's nationality;
2. Fishing vessels with a gross tonnage not exceeding 20 tons (excluding non-power fishing vessels with a gross tonnage not exceeding five tons): Certificates of ship registration;
3. Non-power fishing vessel with a gross tonnage not exceeding five tons: Certificates of completion of registration.

A ship falling under any of the following subparagraphs shall be a ship of the Republic of Korea (hereinafter referred to as "Korean ship"):

1. A national or public ship;
2. A ship owned by a citizen of the Republic of Korea;
3. A ship owned by a commercial corporation established under the laws of the Republic of Korea;
4. A ship owned by a corporation, other than that under subparagraph 3, whose main office is located in the Republic of Korea and whose representative (in the case of joint representatives: all of such representatives) is a citizen of the Republic of Korea.

(1) Each owner of a Korean ship shall apply for the registration of the ship to the administrator of a regional office of oceans and fisheries having jurisdiction over the port of registry within 60 days from the date of acquiring the ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, with regard to any ship prescribed in Article 2 of the Ship Registry Act, registry of the ship shall be made before registration thereof is filed. (2) If the administrator of a regional office of oceans and fisheries receives an application for the registration of a ship prescribed in paragraph (1), he or she shall make registration thereof in the original ship register and issue a certificate of vessel's nationality to the applicant. (3) Matters necessary for the issuance of a certificate of vessel's nationality shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>