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Busan Metropolitan City Ordinance on the Fostering of Marine Industry for Implementation of Marine Capital

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BUSAN METROPOLITAN CITY ORDINANCE ON THE FOSTERING OF MARINE INDUSTRY FOR IMPLEMENTATION OF MARINE CAPITAL

Ordinance No. 4420, Sep. 16, 2009

Amended by Ordinance No. 4592, Jan. 5, 2011

Ordinance No. 4959, Oct. 30, 2013

Ordinance No. 4976, Jan. 1, 2014

Ordinance No. 5081, Jan. 1, 2015

Ordinance No. 5230, Sep. 23, 2015

Ordinance No. 5356, Jun. 8, 2016

CHAPTER 1 GENERAL PROVISIONS

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to raise the Busan City's status as truly the marine capital and to contribute to vitalization of the local economy and enhancement of national competitiveness by prescribing matters necessary for fostering and developing marine industries systematically so as to realize a marine capital Busan by leading regional development based on marine. [This Article Wholly Amended by Ordinance No. 5356, Jun. 8, 2016]
  • Article 1-2 (Basic Ideology)
  • The basic ideology is to realize a marine capital Busan by recognizing that a marine environment effects the local economy and citizen's lives substantially as a treasure for future resources, a habitate, and logistics passageway, and by creating the foundation and an environment to lead economic, social, and cultural activities centered around marine to forster and develop such matters. [This Article Wholly Amended by Ordinance No. 5356, Jun. 8, 2016]
  • Article 2 (Definition)
  • The definitions of terms used in this Ordinance are as follows: (Amended by Ordinance No. 5356, Jun. 8, 2016)
    • 1. The term "marine capital" means a city which is active in economic, social, and cultural activities centered on marine and has the comprehensively developed marine industry, so that it become the most advanced and centered city in the marine industry;
    • 2. The term "sea" means the sea area under subparagraph 1 of Article 3 of the Framework Act on Marine Fishery Development;
    • 3. The term "marine resources" means the resources under subparagraph 2 of Article 3 of the Framework Act on Marine Fishery Development;
    • 4. The term "marine industry" means the industries related to the marine transportation and harbor logistics, fishery, shipbuilding, and offshore plant, marine biology, development of marine science and technology, marine environment and disaster prevention, marine tourism, marine leisure and sports, marine information and finance, and other industries related to the management, preservation, development or utilization of the sea and marine resources;
    • 5. The term "public institution" means the institutions under subparagraph 10 of Article 2 of the Special Act on Balanced National Development.
  • Article 3 (Duties)
  • Busan Metropolitan City (hereinafter referred to as "City") shall formulate policies necessary for realizing the marine capital, and for fostering and developing the marine industry to formulate and execute such policies, and prepare and promote the relevant measures therefor. (Amended by Ordinance No. 5356, Jun. 8, 2016)
  • Article 4 (Relations to other Ordinances)
  • Except as otherwise expressly provided for in other Ordinances, this Ordinance shall apply to realizing the marine capital and fostering the marine industry. (Amended by Ordinance No. 5356, Jun. 8, 2016)

CHAPTER 2 FORMULATING MASTER PLAN

  • Article 4-2 (Formulating Marine Industry Master Plan to Realize Marine Capital) (1) The Mayor shall formulate marine industry master plans to realize the Busan Metropolitan City marine capital (hereinafter referred to as "master plan") every ten years, including the following, and coordinate the master plan with long-term development plans such as the city plan:
    • 1. Matters concerning vision, strategies, targets, and direction setting for promoting the marine capital;
    • 2. Matters concerning mid and long-term action plans by phase for realizing the marine capital;
    • 3. Matters concerning promotion of science and technology, tourism and leisures, logistics, fisheries, finance, and shipbuilding sectors;
    • 4. Matters concerning rational development and use, etc. of marine resources;
    • 5. Matters concerning management, preservation, and pollution prevention, and safety of marine;
    • 6. Matters concerning social infrastructure, such as roads, ports, and information and communications networks;
    • 7. Other matters necessary for realizing the marine capital.
  • (2) A master plan shall be determined in deliberation of the Marine Capital Policy Deliberation Committee under Article 6. The same shall apply where the Mayor intends to amend the master plan. [This Article Newly Inserted by Ordinance No. 5356, Jun. 8, 2016]
  • Article 5 (Formulating, etc. of Marine Industry Fostering Comprehensive Plan) (1) The Mayor of the Busan Metropolitan City (hereinafter referred to as the "Mayor") shall establish comprehensive plans for fostering the marine industry of Busan Metropolitan City (hereinafter referred to as the "comprehensive plan") every five years to systematically foster and develop the marine industry upon deliberation of the Marine Industry Policy Deliberation Committee under Article 6 in accordance with master plans and directions under Article 4-2. The same shall apply where the Mayor intends to amend the comprehensive plan. (Amended by Ordinance No. 5356, Jun. 8, 2016)
  • (2) The comprehensive plan shall include following matters:
    • 1. Environmental change of marine industries at home and abroad;
    • 2. The real condition and outlook of marine industries;
    • 3. Policy direction and goal with regard to fostering marine industries;
    • 4. Matters concerning the priority order of marine industry fostering measures and the procurement of financial resources;
    • 5. Matters concerning the inducement and support of pubic institutions or enterprises with regard to marine industries;
    • 6. Matters concerning institutional improvement for fostering marine industries;
    • 7. Other matters necessary for fostering and developing marine industries.
  • (3) The head of department concerned by each field of any subparagraph of Article 7 (1) shall establish and enforce a year-to-year implementation plan under the comprehensive plan. In this case, the established year-to-year implementation plan shall be reported to the Marine Capital Policy Deliberation Committee under Article 6. (Amended by Ordinance No. 5356, Jun. 8, 2016)
  • Article 6 (Marine Capital Policy Deliberation Committee) (1) The Mayor shall establish the Marine Capital Policy Deliberation Committee (hereinafter referred to as the "Committee") to deliberate on the following matters with regard to realizing a marin capital and fostering the marine industry: (Amended by Ordinance No. 5356, Jun. 8, 2016)
    • 1. Formulating and amending the master plan under Article 4-2;
    • 2. Formulating and amending the comprehensive plan under Article 5;
    • 3. Adjusting policies with regard to realizing a marine capital and fostering the marine industry;
    • 4. Other matters important to realize a marine capital and foster the marine industry.
  • (2) The Committee shall be comprised of not more than 30 members, including one chairperson. (Amended by Ordinance No. 4949, Oct. 30, 2013)
  • (3) The chairperson of the Committee shall be the Mayor, the vice chairperson shall be elected from among the members, and the members shall be appointed or commissioned by the Mayor from among persons having profound knowledge and experience in the marine industry and city planning. (Amended by Ordinance No. 5356, Jun. 8, 2016)
  • (4) The term of office of the members shall be two years, and the members may be reappointed: Provided, That the term of office of a member for filling a vacancy shall be the remainder of the term of office of the predecessor. (Amended by Ordinance No. 5356, Jun. 8, 2016)
  • (5) The resolution of a meeting of the Committee shall require the attendance of a majority of all the incumbent members and the consent of a majority of those present.
  • (6) The Committee shall have a secretary to administer affairs of the Committee, and a secretary shall be the director in charge of marine industry policy affairs.
  • (7) Attendance allowances and travel expenses may be reimbursed to the commissioned members within budgetary limits.
  • (8) Matters necessary for operating the Committee, other than those provided for in this Ordinance, shall be determined by the chairperson upon resolution of the Committee.
  • Article 7 (Specialized Committee) (1) A specialized committee by each field of the following subparagraphs may be established under the Committee for the purpose of specialized investigation, research, etc. concerning the duties of the Committee: (Amended by Ordinance No. 4949, Oct. 30, 2013)
    • 1. A field of marine transportation and harbor logistics;
    • 2. A field of fishery;
    • 3. A field of marine science and technology;
    • 4. A field of shipbuilding;
    • 5. A field of marine tourism and marine leisure and sports;
    • 6. Other field of the management and preservation of the sea and marine resources.
  • (2) The specialized committee shall be comprised of not more than 10 expert members, including one chairperson.
  • (3) The chairperson of the specialized committee shall be elected from among the expert members, and the expert members shall be commissioned by the chairperson of the Committee from among persons having profound knowledge and experience concerning the field falling under any subparagraph of paragraph (1).
  • (4) The term of office of the expert members shall be from the date when they are commissioned to the date when they finish specialized investigation, research, etc.
  • (5) Attendance allowances and travel expenses may be paid to the commissioned members within the limit of the budget.
  • (6) The necessary matters for the operation of the specialized committee, other than those provided in this Ordinance, shall be determined by the chairperson through a resolution of the Committee.
  • Article 8 (Marine Industry Policy Planning Office) (1) The Mayor shall establish the Marine Industry Policy Planning Office (hereinafter referred to as the "planning office") to mediate the affairs of offices, bureaus, and headquarters mutually concerning marine industries.
  • (2) The director general of the planning office shall be the Deputy Mayor for economic affairs, and it shall be comprised of the persons who the Mayor appoints among the heads of offices, bureaus, and headquarters. (Amended by Ordinance No. 4592, Jan. 5, 2011)
  • (3) For dealing with affairs of the planning office, the planning office shall have a secretary, and a secretary shall be the director who is in charge of marine industry policy affairs.
  • (4) The necessary matters for the operation of the planning office, other than those provided in this Ordinance, shall be determined by the Mayor.

CHAPTER 3 SUPPORT FOR MARINE INDUSTRY, ETC.

  • Article 9 (Subsidy to Enterprises)
  • the City related to the marine industry within budgetary limits as follows: (Amended by Ordinance No. 5230, Sep. 23, 2015)
    • 1. Small and medium enterprise fostering fund under the Busan Metropolitan City Ordinance on small and medium enterprise fostering fund;
    • 2. Credit guarantee of the Busan Credit Guarantee Foundation established under the Regional Credit Guarantee Foundation Act;
    • 3. Act of bearing guaranteed obligation under Article 13 of the Local Finance Act;
    • 4. Part of expenses incurred in research and development of new technologies or commercialization, certification, and marketing, etc. to increase competitiveness of small and medium enterprises (referring to small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises);
    • 5. Part of expenses incurred in creating a consortium with enterprises from the same type of business and jointly conducting business with them;
    • 6. Part of expenses incurred in developing a joint brand or selling a joint brand already developed.
  • Article 10 (Cultivation of Professional Manpower) (1) The Mayor shall positively endeavor to cultivate professional manpower concerning marine industries.
  • (2) The Mayor may give the support of part of expenses necessary for education and training to the schools of any subparagraph of Article 2 of the Higher Education Act, research institutions, or other education and training institutions, which operate educational course concerned, to nurture specialists concerning marine industries within the limit of the budget.
  • Article 11 (Inducement of Public Institutions) (1) The Mayor shall endeavor to induce public institutions concerning marine industries inside the area of the City.
  • (2) The Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Institutions shall apply to the support to the relocation of public institutions under paragraph (1).
  • Article 12 (Attracting Enterprises, etc.) (1) The Mayor shall endeavor to attract the headquarters, factories, or research laboratories of enterprises, research institutions, or organizations, etc. related to the marine industry inside the area of the City.
  • (2) The Busan Metropolitan City Ordinance on Promoting Attraction of Enterprises and Investment shall apply to subsidies to the relocation of enterprises, research institutions, or organizations, etc. under paragraph (1). (Amended by Ordinance No. 4976, Jan. 1, 2014)
  • Article 13 (Attracting Foreign Enterprises, etc.) (1) The Mayor shall endeavor to promote to attract foreign enterprises or foreign investment related to the marine industry for increasing national competitiveness, establishing cooperative system, joint research, etc.
  • (2) The Busan Metropolitan City Ordinance on Promoting Attraction of Enterprises and Investment shall apply to subsidies to foreign investment under paragraph (1). (Amended by Ordinance No. 4976, Jan. 1, 2014)
  • Article 14 (Execution of Marine Industry Fostering Business) (1) The Mayor may have the following persons implement the necessary business for promoting the comprehensive plan efficiently:
    • 1. Public institutions;
    • 2. Corporations or organizations provided with investments or funds by the Government or the City;
    • 3. Schools falling under Article 2 of the Higher Education Act;
    • 4. Other corporations or organizations related to the marine industry.
  • (2) The Mayor may fully or partially subsidize necessary expenses to persons who implement the following business for fostering the marine industry within budgetary limits: (Amended by Ordinance No. 5230, Sep. 23, 2015)
    • 1. Research and development related to marine (including polar regions) and fisheries;
    • 2. Management and disaster prevention of the marine environment and education and campaigns thereon;
    • 3. Construction of a marine safety base;
    • 4. Attracting transhipment cargo and passengers, and activating local coastal passengers;
    • 5. Maintaining coastal and waterfront spaces;
    • 6. Construct a marine transaction and shipping finance base;
    • 7. Developing and commercializing brand;
    • 8. Domestic and foreign exchanges and cooperation, marketing, exhibitions or conventions, and academic events.
  • Article 15 (Fund)
  • The Mayor may operate a fund for the purpose of the fostering and support of marine industry.
  • Article 16 (Establishment of Research Institutes)
  • The Mayor may establish and operate a research institute for the purpose of the investigation, research, etc. for the systematic development of marine industries.
  • Article 17 (Promotion, etc. of Marine Culture) (1) The Mayor shall endeavor to promote the marine culture.
  • (2) The Mayor may fully or partially subsidize necessary expenses to the following businesses implemented for promoting the marine culture within budgetary limits: (Amended by Ordinance No. 5230, Sep. 23, 2015)
    • 1. Domestic or foreign events and festivals related to marine (including polar regions) and fisheries;
    • 2. Events related to marine tourism, marine leisure and sports, and education and experience programs;
    • 3. Civil education to instill marine spirit;
    • 4. Deleted. (by Ordinance No. 5230, Sep. 23, 2015)

CCHAPTER SUPPLEMENTARY PROVISIONS

  • Article 18 (Classification and Statistics Management of Marine Industry)
  • The Mayor shall classify marine industries systematically and manage its statistics so as to utilize it for the establishment of marine industry policy and research, etc.
  • Article 19 (Cooperation with the Government)
  • The Mayor shall endeavor to establish a cooperative system with the Government and to dispatch public officers mutually for the following matters:
    • 1. Connection with the Government policy concerning the marine industry fostering policy and the enhancement of mutual understanding;
    • 2. Mutual exchange of information concerning marine industries and the expansion of marine culture;
    • 3. Other matters necessary for cooperation with the Government to foster marine industry.
  • Article 19 (Cooperation with the Government)
  • The Mayor shall endeavor to establish a cooperative system with the Government and to dispatch public officers mutually for the following matters:
    • 1. Connection with the Government policy concerning the marine industry fostering policy and the enhancement of mutual understanding;
    • 2. Mutual exchange of information concerning marine industries and the expansion of marine culture;
    • 3. Other matters necessary for cooperation with the Government to foster marine industry.
  • Article 20 (Support for Finance)
  • The Busan Metropolitan City Ordinance on the Management of Local Subsidy shall apply to necessary matters such as procedures and methods of support in case of support for finance under this Ordinance. (Amended by Ordinance No. 5081, Jan. 1, 2015)
  • Article 21 (Reward)
  • The Mayor may grant reward yearly to domestic and overseas individuals or organizations who make a great contribution to fostering and developing marine industries under the Busan Metropolitan City Ordinance on Reward.
  • ADDENDA (Ordinance 5356, Jun. 8, 2016)
  • Article 1 (Enforcement Date)
  • This Ordinance shall enters into force one month after the date of its promulgation.
  • Article 2 (Transitional Measures concerning Marine Capital Policy Deliberation Committee) (1) The Marine Industry Policy Deliberation Committee under the previous provisions as at the time this Ordinance enters into force shall be construed as the Marine Capital Policy Deliberation Committee unde this Ordinance.
  • (2) A member of the Committee appointed or commissioned under the previous provisions as at the time this Ordinance enters into force shall be construed as a member appointed or commissioned under this Ordinance.
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