Government legislation ministry says fishing bans not mandatory during weather alerts

The Ministry of Government Legislation said that heads of reporting agencies are not strictly required to restrict fishing vessel departures whenever a special weather report becomes effective. The ruling clarifies that under the Act on Safe Fishing Operations and Promotion of Safety and Health for Fishermen, officials may assess specific sea conditions and regional characteristics before imposing bans.

The decision came in response to an inquiry from the Korea Coast Guard regarding whether Appendix 1 of the relevant enforcement rules mandates automatic restrictions. The ministry explained that while the law uses the phrase "may restrict" rather than "shall restrict," the appendix provides concrete criteria for exercising this discretion based on the type of weather alert issued.

Typhoon advisories, typhoon warnings, and high wave warnings generally require restricting all vessel departures. However, high wave advisories during winter months ban departures only for vessels under 30 tons, with exceptions allowed for larger boats equipped with location transmitters and operating in groups.

The ministry noted that while some argue restrictions must be absolute to protect lives, blanket bans across all waters ignore local variables. Officials stated that because departure limits infringe on property rights and freedom of business, it is more reasonable to judge risk levels by considering specific regional traits rather than applying uniform prohibitions.

Marine accidents rose 7 percent last year to 3,469 cases, though fatalities and missing persons fell 17 percent to 136.

Authorities plan to strengthen safety protocols by mandating life jacket usage for all crew members starting in July 2026. The ocean ministry also intends to inspect approximately 2,000 high-risk vessels to ensure compliance with new safety and health measures.