Government legislation ministry rules mayors cannot levy fishing safety fines

The Ministry of Government Legislation said Tuesday that city, county and district heads lack the legal authority to fine fishers who fail to complete mandatory safety training. The ruling clarifies ambiguity in the Fishery Vessel Safety Operations Act regarding which body holds enforcement power over education violations.

Buan County in North Jeolla Province requested clarification. The ministry concluded that because the Minister of Oceans and Fisheries holds primary authority to conduct such training, the power to punish non-compliance must reside with the same office or its delegates.

Under current regulations, the minister delegates this duty to heads of regional ocean and fisheries offices. The ministry reasoned that penalty imposition is an intrusive administrative disposition requiring clear legal grounding and alignment with the agency responsible for the underlying obligation.

Allowing municipal leaders to levy fines based solely on jurisdictional convenience would contradict legal principles. Without explicit statutory language granting mayors this power, they cannot execute these collections even if violators live within their boundaries.

The ministry advised that if policymakers intend for local municipal heads to assume this role, the act and its enforcement decree must be amended. Until then, only regional maritime officials may issue penalties.

Violators face fines of up to 3 million won.