Assemblyman Seo Samsuk, Ministry of Oceans and Fisheries Neglects Illegal Fisheries Resource Development Projects for 50 Years
Yeouido Area 1034 Times Larger, No Punishment for Illegal Occupation and Use of Public Waters
"Urgent Need to Prepare Alternatives That Meet Public Expectations, Including Legal Revisions"
Seosamseok, Democratic Party of Korea member of the National Assembly (Yeongam, Muan, Sinan, Jeollanam-do) / ⓒ Asia Economy
View original image[Asia Economy Honam Reporting Headquarters Reporter Seo Young-seo] It has come as a shock that the facilities of the fishery resource development projects implemented since the 1970s have been found to be illegal.
According to an opinion letter on the application of the Public Waters Management Act for the installation of fishery resource development facilities, submitted by Seo Sam-seok, a member of the Democratic Party of Korea (Yeongam·Muan·Sinan), from the Ministry of Oceans and Fisheries, the fishery resource development projects carried out over the past 50 years since the 1970s have violated the current "Act on the Management and Reclamation of Public Waters." Although permission for occupation and use must be obtained from the public waters management authority, there is not a single record of such permission or notification having been filed.
Violations of this law are punishable under Article 62 of the Public Waters Act by imprisonment for up to three years or a fine of up to 30 million won. Furthermore, according to Article 21, facilities constructed without obtaining permission for occupation or use of public waters are subject to restoration to their original state.
Since 1971, according to records from the Ministry of Oceans and Fisheries, the total area of underwater facilities installed nationwide amounts to 300,000 hectares, with 1.49 million facilities, and the total project cost reaches 1.8675 trillion won. This is equivalent to 1,034 times the area of Yeouido, with a total of 5.06 million tons based on rectangular artificial reefs (3.4 tons), meaning 500,000 10-ton trucks have been illegally installed in the sea.
The Public Waters Act was enacted in 1960, and fishery resource development projects have been implemented since the 1970s. However, the Ministry of Oceans and Fisheries, the competent authority, stated, "We have never received any related complaints during the project execution process and did not consider it a problem," adding, "We will now proceed with the occupation and use permission notifications for the project implementation."
However, issues regarding the legal punishment provisions and restoration requirements remain unresolved. According to the Ministry of Oceans and Fisheries' opinion provided by Seo Sam-seok's office, "Public interest projects by the state and local governments fall under Article 10, Paragraph 1 of the law, but there are no separate punishment provisions for these, so they cannot be penalized. Also, although restoration is mandatory, exemptions are possible by the authority of the state and the competent authority," which could potentially grant a self-amnesty for past illegal acts, making future controversies inevitable.
Seo Sam-seok criticized, "Even if the project purpose aligns with the public interest, illegal means must never be tolerated as a practice," and pointed out, "Until now, the Ministry of Oceans and Fisheries has consistently acted with administrative convenience, and its legal interpretations regarding punishment are very arbitrary."
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He also emphasized, "After the collapse of nearshore fishery production of 1 million tons, the importance of fishery resource development projects has been further highlighted," and urged, "To prevent disruptions in fishery resource development due to legal applications in the future, related laws must be amended, and alternatives that meet the public's expectations should be promptly prepared."
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