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  • Partial Amendment to the Small River Maintenance Act
    • Competent Ministry : Ministry of the Interior and Safety
    • Advance Publication of Legislation : 2018-07-23
    • Opinion Submission Deadline : 2018-08-31

(1) Reasons for Proposal

The Amendment sets a processing deadline for reported matters to prevent delays in administrative processing, thereby eliminating factors causing passive or abnormal processing of work by a managing authority of small rivers. It stipulates grounds on which to prescribe guidelines for handling the management of abandoned river channels, etc., and associated matters, methods for reviewing and processing permits to occupy and use small rivers, and other specific and necessary guidelines. It also addresses and improves upon a number of weaknesses that have emerged from the operation of the current system.

(2) Major Provisions

A. Adjust the list of managing authorities of small rivers (Article 3, Article 3-2, Article 26)

Include Jeju-si and Seogwipo-si, which are disaster management agencies, in the scope of managing authorities of small rivers

B. Prescribe matters concerning the revocation of permits for payers in arrears, and the addition of conditions (Article 14, Article 17)

Allow necessary conditions to be added when granting a permit for occupancy and use, etc., and allow a permit for occupancy and use to be revoked in the event that fees for occupancy and use are not paid on time or conditions are not met

C. Use disaster prevention measures agents to strengthen safety control (Article 8-2)

Prescribe that disaster prevention measures agents who are relevant experts may be involved in the formulation of comprehensive plans for small river maintenance

D. Streamline the report system to encourage active administration (Article 4-2, Article 14)

Require a managing authority to process and give notice on reports of successors to rights and obligations within 20 days and prescribe that where a notice is not given, the report shall be construed as having been accepted on the following day

E. Prescribe guidelines for managing abandoned river channels (Article 25-2)

Allow the Minister of the Interior and Safety to specify guidelines concerning such matters as management procedures, exchanges and transfers, and rescission of the use of abandoned river channels

F. Prescribe guidelines concerning permits to occupy and use small rivers (Article 14)

Allow the Minister of the Interior and Safety to specify guidelines concerning such matters as the scope of small river occupancy and use, types of occupancy and use, and permit conditions


Regulatory effect assessment
  • 180712 규제영향분석서(소하천정비법_법령 위반자 등에 대한 처분).hwp [download]
Legislative proposal (draft)
  • 소하천정비법 일부개정법률안.hwp [download]