Government legislation ministry says mayors cannot fine fishermen for missed safety training

The Ministry of Government Legislation said Tuesday that city, county and district heads lack the legal authority to fine fishermen who fail to complete mandatory safety training. The ruling clarifies that penalty power belongs exclusively to the Minister of Oceans and Fisheries, whose authority is delegated to regional ocean and fisheries office chiefs.

The decision addresses whether local administrators could collect fines under the Act on Safe Fishing Operations and Safety and Health Promotion of Fishermen when vessel owners or crew miss required education sessions. While the law allows various officials to collect fines for different violations, the ministry determined that penalty powers must align with the specific administrative authority responsible for the underlying duty.

Since the Minister of Oceans and Fisheries holds the primary mandate to conduct the training, the power to punish non-compliance rests with that minister rather than local governors. The ministry noted that treating fines as sanctions affecting citizen rights requires them to be exercised by agencies explicitly granted legal competence for the specific violation.

The interpretation stems from the principle that without explicit statutory designation, the authority to impose fines for a specific obligation defaults to the agency holding the administrative power over that obligation. Although Article 58, Paragraph 7 of the act broadly lists mayors and county heads among those who can collect fines, it does not specify which official handles each distinct violation type.

Under current regulations, the National Federation of Fisheries Cooperatives conducts the regular training under delegation from the ocean ministry, while special training for specific fishing zones is managed by the Fishing Protection Headquarters. The Ministry of Government Legislation concluded that because the ocean minister retains ultimate responsibility for the regular training program, the corresponding fine imposition authority cannot be assumed by local leaders based solely on the residence of the violator.

Local leaders cannot enforce these fines unless the act and its enforcement decree are amended to designate them as authorized collectors. The ministry recommended that if policymakers intend for mayors and county heads to assume this role, relevant statutes must be revised to explicitly state such a transfer of authority.