Government legislation ministry rules 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 impose fines on fishermen who fail to complete mandatory regular safety training. The ruling clarifies that the power to levy such penalties belongs exclusively to the Minister of Oceans and Fisheries or delegated regional ocean officials.

The decision addresses a query from the Ministry of Oceans and Fisheries regarding whether local administrators could enforce fines under Article 58 of the Fishery Safety Operation and Fishermen Safety and Health Promotion Act. While the law broadly allows various officials to collect fines for safety violations, the ministry interpreted that the specific authority follows the administrative power to conduct the training itself.

Since the Minister of Oceans and Fisheries holds the primary mandate to organize regular safety education, often delegated to the chairperson of the National Federation of Fisheries Cooperatives, the corresponding penalty power remains with the central ministry. Delegating this enforcement to local heads based solely on residential address would contradict legal principles governing administrative sanctions.

Consequently, the authority to impose fines for missing regular training has been delegated to directors of regional ocean fisheries offices rather than local municipal leaders. The ministry advised that if lawmakers intend for mayors and county heads to hold this power, the act and its enforcement decree must be amended to state this explicitly.

Violators of the training requirement face fines of up to 3 million won.