[Background for Promotion]
ㅇ (Background) With the recent increase in large-scale utilization and development projects such as offshore wind power, there is a growing concern that if projects are suspended or closed and left abandoned without being restored to their original state, the state may have to bear the restoration costs. In accordance with the amendment to the Act on the Management and Reclamation of Public Waters (scheduled to take effect in September 2026), which introduces a mandatory performance bond deposit system by defining the scope of businesses required to deposit performance bonds—shifting away from the current optional provision—subordinate statutes are being prepared to enhance the enforceability of restoring public waters to their original state.
ㅇ (Necessity of Government Intervention) To enhance the enforceability of the restoration obligation by public water occupiers and users, it is necessary to stipulate the specific scope of businesses subject to the mandatory performance bond deposit in subordinate statutes.
[Regulatory Content]
ㅇ Addition of detailed standards for mandatory performance bond deposits, supplementing the existing deposit requirements under Article 21 of the Public Waters Management and Reclamation Act.
- Requires businesses with a permitted area of 10,000 square meters or more to deposit an amount calculated by considering the costs required to dismantle, remove, or clear obstacles or structures unlawfully installed, left abandoned, or occupied in public waters.