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ACT ON THE PREVENTION OF DAMAGE TO SHIPS, ETC. ON INTERNATIONAL VOYAGES FROM PIRACY

Act No. 14504, Dec. 27, 2016

Amended by Act No. 14839, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters necessary to safeguard, and prevent damage to, ships on international voyage and the seafarers onboard, and offshore structures from any piracy prohibited by the United Nations Convention on the Law of the Sea, occurring on the sea outside the territorial waters of the Republic of Korea, thereby contributing to protecting the lives and property of the people and to maintaining order in international voyage.
 Article 2 (Definitions)
The definitions of the terms used in this Act are as follows:
1. The term “ship on international voyage” means a ship of the nationality of the Republic of Korea (including any ship subject to bareboat charter hire purchase) used for international voyage, as prescribed by Presidential Decree;
2. The term “deep-sea fishing vessel” means a fishing vessel licensed for distant water fisheries pursuant to Article 6 (1) of the Distant Water Fisheries Development Act or a vessel used for exploratory fishing, research fishing, or training fishing pursuant to Article 17 of the same Act;
3. The term “seafarer” means a seafarer referred to in subparagraph 1 of Article 2 of the Seafarers Act working on a ship on international voyage;
4. The term “offshore structure” means a facility or structure installed on the sea for resource exploration and development, marine scientific research, and other economic purposes;
5. The term “piracy” means any of the following:
(a) Any illegal act of violence or detention, or any act of depredation, committed for private ends by the seafarers or the passengers of a private ship against another ship or against persons or property on board such ship on the high seas or in any other place outside the jurisdiction of any State;
(b) Any act of voluntary participation in the operation of a ship with knowledge of facts making it a pirate ship;
6. The term “armed robbery against a ship” means any act falling under subparagraph 5 (a) or (b) committed in a place within the jurisdiction of any foreign State;
7. The term “risk area” means a sea area determined by Ordinance of the Ministry of Oceans and Fisheries as the one where the safety of a ship on international voyage, a deep-sea fishing vessel, an offshore structure (hereinafter referred to as “ship on international voyage”), or its seafarers and passengers might be considerably jeopardized due to any piracy or sea robbery (hereinafter referred to as “piracy”);
8. The term “potential risk area” means a sea area determined by Ordinance of the Ministry of Oceans and Fisheries as one where the safety of a ship on international voyage or its seafarers and passengers might be threatened due to any potential risk of piracy;
9. The term “maritime special security business” means a business that renders security services necessary to safeguard ships on international voyage and their seafarers from piracy;
10. The term “risk assessment” means an assessment conducted to determine considerations associated with the embarkation of marine special security guards and the performance of maritime special security services.
 Article 3 (State’s Responsibilities and Duties)
(1) The State shall prepare and implement policies necessary to protect the lives and property of the people from piracy and to ensure safe voyage.
(2) The State shall proactively endeavor to promote international cooperation, such as information exchange and technical cooperation, with foreign and international organizations, so as to eradicate piracy against and to prevent damage to ships on international voyage.
(3) The owner, manager or operator of a ship on international voyage (hereinafter referred to as “ship owner, etc.”) shall install necessary facilities on the ship or in the offshore structure that he/she owns, manages or operates according to the measures taken by the State against piracy, provide education and training for his/her employees, and observe related provisions.
 Article 4 (Scope of Application)
This Act shall apply to ships on international voyage passing through risk areas or potentially risk areas (hereinafter referred to as “risk areas, etc.”): Provided, That this shall not apply to ships and offshore structures falling under any of the following:
1. Cargo ships of less than 500 gross tonnage;
2. Fixed offshore structures;
3. Ships owned by the State or local governments.
 Article 5 (Relationship with Other Acts)
(1) The protection of ships on international voyage against piracy shall be governed by this Act, except as otherwise specifically provided for in other Acts.
(2) Where marine special security guards possess and use weapons outside the territorial waters of the Republic of Korea under this Act to prevent damage caused by piracy, the Act on the Safety Management of Guns, Swords, Explosives, Etc. shall not apply.
CHAPTER II ESTABLISHMENT OF COMPREHENSIVE MEASURES FOR PREVENTION OF DAMAGE BY PIRACY
 Article 6 (Establishment and Implementation of Comprehensive Measures for Prevention of Damage by Piracy)
(1) To prevent or minimize any potential or actual risk or damage associated with piracy, the Minister of Oceans and Fisheries shall establish and implement comprehensive measures for the prevention of damage by piracy (hereinafter referred to as “comprehensive measures”) after consultation with the heads of relevant central administrative agencies and the heads of relevant national security agencies referred to in the International Ship and Port Facility Security Act, subject to deliberation by the Council for Protection against Piracy pursuant to Article 8.
(2) The comprehensive measures shall include the following:
1. Roles of relevant central administrative agencies in the prevention of damage by piracy;
2. Establishment of guidelines for protection against piracy pursuant to Article 7;
3. Piracy-related information collection and trend analysis;
4. International cooperation for prevention of damage by piracy;
5. Other matters prescribed by Presidential Decree for the prevention of damage by piracy.
(3) Paragraph (1) shall apply mutatis mutandis to the modification of comprehensive measures: Provided, That the same shall not apply to the modification of any minor matters prescribed by Presidential Decree.
(4) If necessary to establish or modify comprehensive measures, the Minister of Oceans and Fisheries may request the heads of the relevant central administrative agencies or other related institutions or organizations to submit data or state their opinions. In such cases, the heads of the relevant central administrative agencies, etc. so requested shall comply therewith in the absence of any special circumstances.
(5) Other matters necessary for establishing and implementing comprehensive measures shall be prescribed by Presidential Decree.
 Article 7 (Guidelines for Protection against Piracy)
(1) The Minister of Oceans and Fisheries shall establish and implement the guidelines necessary for ships on international voyage to promptly deal with and escape from piracy (hereinafter referred to as “guidelines for protection against piracy”), including the following:
1. Measures to be taken when entering and leaving any risk areas;
2. Reporting on passage of ships on international voyage;
3. Installation and operation of equipment against pirate invasion.
(2) Any ship owner, etc. and any ship on international voyage sailing through any risk area, etc. shall observe the guidelines for protection against piracy established in accordance with paragraph (1).
(3) Other matters necessary for reporting on passage pursuant to paragraph (1) 2, including the timing and methods therefor, shall be prescribed by Presidential Decree.
 Article 8 (Council for Protection against Piracy)
(1) A Council for Protection against Piracy (hereinafter referred to as the “Council”) shall be established in the Ministry of Oceans and Fisheries to deliberate on the following matters regarding the protection of ships on international voyage against piracy:
1. Establishment, modification, and evaluation of comprehensive measures;
2. Cooperation between the relevant central administrative agencies;
3. Other matters necessary to prevent damage caused by piracy.
(2) Other matters necessary for the organization and operation of the Council shall be prescribed by Presidential Decree.
 Article 9 (Establishment of Internal Measures)
(1) Each ship owner, etc. shall establish the measures to protect the ship against piracy (hereinafter referred to as “internal measures”) in accordance with the comprehensive measures and submit them to the Minister of Oceans and Fisheries. The same shall also apply to the modification of any important matters regarding the internal measures, as specified by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where deemed necessary to prevent damage caused by piracy, the Minister of Oceans and Fisheries may request for supplementation of any internal measures established pursuant to paragraph (1) or otherwise take necessary measures.
(3) When requesting for revision or supplementation of internal measures pursuant to paragraph (2), the Minister of Oceans and Fisheries shall consult in advance with the heads of the relevant national security agencies pursuant to the International Ship and Port Facility Security Act.
(4) The Minister of Oceans and Fisheries may, upon request by a ship owner, provide information or data necessary for establishing or modifying the internal measures pursuant to paragraph (1).
(5) Procedures for establishing and submitting the internal measures pursuant to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER III MEASURES FOR PROTECTION AGAINST PIRACY
 Article 10 (Report of Damage Caused by Piracy)
(1) Any person who finds that a piracy has occurred or is likely to occur shall, without delay, make a report thereon to the Minister of Foreign Affairs, the Minister of Oceans and Fisheries, to the Commissioner of the Korea Coast Guard, or to the head of the competent overseas diplomatic establishment. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Upon receipt of a report under paragraph (1), the Minister of Foreign Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Coast Guard, or the head of an overseas diplomatic establishment shall give notice thereof to the heads of the relevant central administrative agencies and ship owners, etc. without delay. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 11 (State’s Measures)
(1) Where deemed that a piracy has occurred or is highly likely to occur in a risk area, etc., the Minister of Oceans and Fisheries shall take any of the following measures:
1. Collecting and sharing of information concerning the piracy;
2. Performance of preventive activities against the piracy according to the comprehensive measures;
3. Support for international cooperation to prevent damage caused by the piracy;
4. Establishment and operation of a general control office to prevent damage caused by the piracy;
5. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where deemed particularly necessary to safeguard and prevent damage to ships on international voyage from any piracy, the State may dispatch the armed forces, etc. outside the Republic of Korea in accordance with the Constitution of the Republic of Korea and other related Acts.
(3) Where necessary for operating a general control office pursuant to paragraph (1) 4, the Minister of Oceans and Fisheries may request the heads of the relevant central administrative agencies to dispatch public officials under their jurisdiction. In such cases, the heads of the relevant central administrative agencies shall comply therewith except under any special circumstances.
 Article 12 (Installation of Shelters)
(1) A ship owner, etc. shall install facilities which can protect the seafarers and passengers of the ship on international voyage or the persons in the offshore structure (hereinafter referred to as “seafarers, etc.”) from piracy (hereinafter referred to as “shelter”).
(2) If a ship on international voyage is not provided with a shelter or its shelter fails to meet the facility standards referred to in paragraph (7), the Minister of Oceans and Fisheries may restrict its entry into risk areas, etc.
(3) The Minister of Oceans and Fisheries may have a ship inspection officer engaged in ship inspections pursuant to Article 76 of the Ship Safety Act, a security examiner pursuant to Article 37 of the International Ship and Port Facility Security Act, or a public official under his/her jurisdiction enter a ship on international voyage or a workplace to check whether a shelter is installed and, if installed, the operations thereof, or require a ship owner, etc. to submit relevant data or reports.
(4) The Minister of Oceans and Fisheries may, upon request by the head of the relevant national security agency pursuant to the International Ship and Port Facility Security Act, conduct a check pursuant to paragraph (3) jointly with the national security agency.
(5) Any person who intends to make any entry or check pursuant to paragraph (3) shall carry a certificate indicating his/her authority and show it to interested persons.
(6) If a shelter is found not to meet the standards required under paragraph (7) upon the check pursuant to paragraph (3), the Minister of Oceans and Fisheries may take necessary measures, such as issuing an order for improvement, specifying a period, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(7) Ships required to have a shelter, facility standards, shelter equipment, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 13 (Conducting Education and Training)
(1) The Minister of Oceans and Fisheries shall establish a plan for education and training necessary to ensure the safety of ships on international voyage against piracy and to improve their ability to prevent damage.
(2) Each ship owner, etc. shall provide education and training pursuant to the plan referred to in paragraph (1) for his/her employees and seafarers. In such cases, the ship owner, etc. may entrust such education and training to the Korea Institute of Maritime and Fisheries Technology pursuant to the Korea Institute of Maritime and Fisheries Technology Act or to other educational institutions for the ships’ seafarers.
(3) The captain of a ship on international voyage and the person in charge of the operation of an offshore structure (hereinafter referred to as “captain, etc.”) shall conduct an emergency training necessary to familiarize the seafarers with the guidelines for protection against piracy during the voyage, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) If a ship owner, etc. fails to provide education and training pursuant to paragraphs (2) and (3) for his/her ship on international voyage and seafarers or fails to allow them to complete such education and training, the Minister of Oceans and Fisheries may restrict their entry into risk areas, etc.
(5) Such matters as the kinds of education and training provided pursuant to paragraph (2), the persons eligible for such education and training, and the details, period, methods, and reporting on outcomes of such education and training shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 14 (Support)
Upon request by a ship owner, etc. or in cases where deemed particularly necessary to prevent damage caused by piracy, the Minister of Oceans and Fisheries may provide administrative and financial support to ship owners, etc., the persons engaged in the research and technological development of preventive facilities under Article 7, or the educational and training institutions entrusted pursuant to Article 13.
CHAPTER IV MARITIME SPECIAL SECURITY BUSINESS
 Article 15 (Embarkation of Marine Special Security Guards)
(1) In order to protect a ship on international voyage and its seafarers passing through risk areas, etc., the ship owner, etc. may take a marine special security guard carrying a weapon (hereinafter referred to as “marine special security guard”) on board, as well as a security officer, in accordance with the International Ship and Port Facility Security Act and other related Acts.
(2) When a ship owner, etc. intends to take a marine special security guard on board, he/she shall conduct a risk assessment for each ship regarding the use of such marine special security guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) When conducting a risk assessment in accordance with paragraph (2), the ship owner, etc. shall consider the evaluation items pursuant to paragraph (5), compliance with the guidelines for protection against piracy, and other alternative protective measures.
(4) Where the owner of a deep-sea fishing vessel decides to embark a marine special security guard for operations in the territorial waters or exclusive economic zone of a coastal country, he/she may take a marine special security guard of the coastal country on board in accordance with the criteria and fishing conditions set by this Act or the coastal country.
(5) Items to be included in the risk assessment conducted by ship owners, etc. pursuant to paragraph (2), and matters necessary for taking on board marine special security guards of coastal countries pursuant to paragraph (4), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 16 (License for Maritime Special Security Business)
(1) A person who intends to engage in a maritime special security business shall obtain a license therefor from the Minister of Oceans and Fisheries.
(2) A person who intends to engage in a maritime special security business shall be a legal entity, meeting the following requirements:
1. Its capital shall not be less than 100 million won, as prescribed by Presidential Decree;
2. It shall have at least ten marine special security guards qualified under Article 26;
3. It shall have the facilities and equipment prescribed by Presidential Decree, including educational facilities for marine special security guards;
4. Other matters prescribed by Presidential Decree for the performance of marine special security services.
(3) A person who intends to obtain a license pursuant to paragraph (1) shall submit a business plan, including the following:
1. Organizational system;
2. A handbook of marine special security services;
3. Career background of executives and marine special security guards;
4. Details of education and training for marine special security guards, and the implementation plan;
5. A certificate of insurance;
6. Procedures for the procurement, use, maintenance, storage and transportation of equipment, including weapons;
7. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) The Minister of Oceans and Fisheries shall examine the fulfillment of the requirements and the appropriateness of the business plan pursuant to paragraphs (2) and (3) (hereinafter referred to as “eligibility examination”) before granting a license under paragraph (1).
(5) A person who has obtained a license for a maritime special security business pursuant to paragraph (1) (hereinafter referred to as “maritime special security business entity”) shall file a report with the Minister of Oceans and Fisheries in any of the following cases:
1. Where the business is commenced;
2. Where the business is temporarily or permanently closed or resumed after closure;
3. Where the name of the relevant legal entity, its representative or its executive is changed;
4. Where the principal office or a branch office of the relevant legal entity is newly established, relocated, or permanently closed;
5. Where the major facilities determined by Ordinance of the Ministry of Oceans and Fisheries, such as educational and training facilities, are newly established, relocated, or permanently closed;
6. Other modifications to the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(6) Procedures and methods for licensing and reporting pursuant to paragraphs (1) and (5) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 17 (License Restrictions)
(1) No person is entitled to a license pursuant to Article 16 (1) in the same name as that of a maritime special security business entity.
(2) No maritime special security business entity whose license has been revoked for any reason specified in any of the subparagraphs of Article 21 (1) may be granted a license pursuant to Article 16 (1) unless five years have passed since the revocation of the license.
(3) No maritime special security business entity whose license has been revoked for any reason specified in any of the subparagraphs of Article 21 (2) may be granted a license pursuant to Article 16 (1) unless three years have passed since the revocation of the license.
 Article 18 (Vicarious Execution of Eligibility Examinations)
(1) The Minister of Oceans and Fisheries may authorize a designated specialized agency to vicariously perform eligibility examinations, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) If a specialized agency designated pursuant to paragraph (1) (hereinafter referred to as “examination agency”) falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke its designation or suspend its work for up to six months: Provided, That, where it falls under subparagraph 1, he/she shall revoke its designation:
1. If it has obtained its designation by fraud or other wrongful means;
2. If it fails to perform eligibility examinations or otherwise fails to satisfy the purposes of designation;
3. If it fails to submit a report or data pursuant to paragraph (3);
4. If it no longer meets the standards for designation pursuant to paragraph (4);
5. If it fails to implement such measures as an order for improvement of work duly issued by the Minister of Oceans and Fisheries.
(3) Where deemed necessary to ascertain the proper performance of eligibility examinations, the Minister of Oceans and Fisheries may require the examination agency to submit necessary reports or data.
(4) The standards and procedures for designating the examination agency and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 19 (Grounds for Disqualification of Executives)
Any person who falls under any of the following subparagraphs shall be disqualified from becoming an executive of a legal entity that is a maritime special security business entity:
1. A minor, adult ward, or limited ward;
2. A person who was declared bankrupt and has yet to be reinstated;
3. A person who had been sentenced to imprisonment without labor or to a heavier punishment for a crime falling under any of the following items, for whom ten years have not passed since the execution of the sentence was terminated (including cases where the execution is deemed terminated), stayed or exempted; or a person who was sentenced to a fine for such a crime, for whom ten years have not passed since that sentence:
(a) As regards Part II of the Criminal Act, a crime described in Article 114 among the crimes against public peace set forth in Chapter V, any of the crimes concerning explosives set forth in Chapter VI, any of the crimes of homicide set forth in Chapter XXIV, any of the crimes of inflicting bodily injury and violence set forth in Chapter XXV, a crime described in Article 267 or 268 among the crimes of inflicting bodily injury and death through negligence set forth in Chapter XXVI, any of the crimes of false arrest and illegal confinement set forth in Chapter XXIX, a crime described in any of Articles 287 through 291, 294 and 296 among the crimes of trafficking in persons set forth in Chapter XXXI, any of the crimes concerning rape and infamous conduct set forth in Chapter XXXII, or any of the crimes of larceny and robbery set forth in Chapter XXXVIII;
(h) A crime described in any of items (a) through (g), subject to aggravated punishment pursuant to any other Act;
4. A person who had been sentenced to imprisonment without labor or to a heavier punishment for a violation of this Act, the Security Services Industry Act, or the International Ship and Port Facility Security Act (excluding the crime described in Article 47), for whom ten years have not passed since the execution of the sentence was terminated (including cases where the execution is deemed terminated), stayed or exempted, or a person who was sentenced to a fine for such a violation, for whom five years have not passed since that sentence;
5. An executive of a legal entity whose business license was revoked for a violation of an order issued pursuant to this Act, for whom three years have not passed since such revocation.
 Article 20 (Validity Period of License)
(1) The validity period of a license for a maritime special security business pursuant to Article 16 (1) shall be five years from the date the license is granted.
(2) A maritime special security business entity which intends to continue the maritime special security business after the expiration of validity period pursuant to paragraph (1) shall obtain a license for renewal thereof, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 21 (Revocation of License for Maritime Special Security Business)
(1) The Minister of Oceans and Fisheries shall revoke a license for a maritime special security business if the maritime special security business entity falls under any of the following cases:
1. Where it obtained the license by fraud or other wrongful means;
2. Where it no longer meets the licensing requirements pursuant to Article 16 (2): Provided, That this shall not apply where a minor non-compliance with the standards has been corrected within a specified period of time, as prescribed by Presidential Decree;
3. Where it fails to enter the details of weapon purchase in the account book or makes any false entry therein in violation of Article 23 (1);
4. Where it fails to report a theft or loss of weapons in violation of Article 23 (2);
5. Where it brings any weapon on a ship on international voyage or into the Republic of Korea in violation of Article 32;
6. Where it continues to operate its business during business suspension;
7. Where it has no record of any contract for its maritime special security services for one year from the date the business license is granted, or has suspended its business continuously for at least one year, without any justifiable grounds;
8. Where it has no record of any contract for its maritime special security services, without any justifiable grounds, for one year from the date following the end date of the final contract.
(2) The Minister of Oceans and Fisheries may revoke a license for a maritime special security business, or suspend the operation of all or part of its business for a period of up to six months, if the maritime special security business entity falls under any of the following cases:
1. Where it receives a contract for security services with the knowledge that it is illegal, in violation of Article 22 (2);
2. Where it falls under any of the following cases, in violation of Article 22 (5):
(a) Where it obstructs fair competition, by reaching an illegal agreement to fix the bidding price, colluding to have the contract awarded to a specific person, or not participating in bidding;
(b) Where it participates in a bidding using any fraudulent or other wrongful means, such as forging or falsifying documents;
(c) Where it interferes with the business activities of another maritime special security business entity without justifiable grounds;
3. Where it fails to comply with a demand by the Minister of Oceans and Fisheries pursuant to Article 26 (4);
4. Where it fails to conduct evaluation pursuant to Article 27 (2) or continues to employ a person rated unqualified upon evaluation;
5. Where it leads to the use of a weapon in violation of Article 33;
6. Where it fails to record or report the details of carrying weapons into or out of a ship on international voyage or of using weapons or makes any false entry in such recording or reporting, in violation of Article 34 (2);
7. Where it fails to take out an insurance policy in violation of Article 36;
8. Where it has been punished pursuant to any of Articles 43 through 45 for a violation of this Act.
(3) The standards and procedures for actions pursuant to paragraph (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 22 (Obligations of Maritime Special Security Business Entities)
(1) Every maritime special security business entity shall abide by the internationally effective conventions on security of ships on international voyage.
(2) A maritime special security business entity shall perform its maritime special security services within the scope of business contracted with ship owners, etc., and refuse to render the maritime special security services designated as illegal or unreasonable.
(3) No maritime special security business entity shall unjustly infringe on others’ freedom and rights, or obstruct their legitimate activities in the course of the provision of maritime special security services.
(4) No maritime special security business entity shall enter into any unfair contract with a marine special security guard infringing on his/her right or interest, and each maritime special security business entity shall ensure that the marine special security guards respect the decisions of a ship’s captain and follow his/her legitimate instructions.
(5) No maritime special security business entity shall engage in any act that may obstruct the sound growth and development of the maritime special security business.
 Article 23 (Weapon Purchase Management)
(1) Where a weapon is purchased or replaced, the maritime special security business entity shall record the quantity, name, manufacturer, purchase certificate, serial number, etc. of the weapon in the account book and keep the same, as prescribed by Presidential Decree.
(2) Where a weapon is purchased or replaced pursuant to paragraph (1) or is found to have been stolen or lost, the maritime special security business entity shall report the fact to the Minister of Oceans and Fisheries without delay.
(3) Upon receipt of a report pursuant to paragraph (2), the Minister of Oceans and Fisheries shall notify the head of the relevant central administrative agency of the details thereof.
 Article 24 (Approval of Business for Foreign Maritime Special Security Business Entities)
(1) Notwithstanding Article 16, if a foreign maritime special security business entity authorized or licensed under the foreign Acts and subordinate statutes intends to engage in maritime special security business with respect to ships on international voyage, it shall obtain approval therefor from the Minister of Oceans and Fisheries.
(2) A foreign maritime special security business entity which intends to obtain approval pursuant to paragraph (1) shall submit a certificate of authorization or license issued in the relevant country, a business plan similar to that described in Article 16 (3), and other documents prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Where a foreign maritime special security business entity with an approval granted pursuant to paragraph (1) establishes a branch or subbranch in the Republic of Korea, it shall report such establishment to the Minister of Oceans and Fisheries. The same shall also apply to the modification of any of the reported matters.
(4) Articles 22, 26 through 28, 32, 33, 35, and 36 shall apply mutatis mutandis to foreign maritime special security business entities.
(5) The procedures for and the period of business approval pursuant to paragraph (1), the procedures for report pursuant to paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 25 (Special Rule for Use of Foreign Maritime Special Security Business Entities)
(1) A ship owner, etc. may, upon request by a foreign shipper, hire a foreign maritime special security business entity in transporting the relevant freight, after obtaining approval from the Minister of Oceans and Fisheries.
(2) A ship owner, etc. who intends to obtain approval pursuant to paragraph (1) shall submit to the Minister of Oceans and Fisheries a freight forwarding agreement and other related documents prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) A ship owner, etc. who intends to employ a foreign maritime special security business entity pursuant to paragraph (1) shall report to the Minister of Oceans and Fisheries on the carrying of weapons into or out of the ship or the use of weapons and other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 26 (Qualification Requirements for Marine Special Security Guards)
(1) Any person falling under any of the following subparagraphs shall be disqualified as a marine special security guard:
1. A person aged below 18 or aged 65 or older, adult ward, or limited ward;
2. A person who was declared bankrupt and has yet to be reinstated;
3. A person who had been sentenced to imprisonment without labor or to a heavier punishment for any of the crimes described in subparagraph 3 of Article 19, for whom ten years have not passed since the execution of the sentence was terminated (including cases where the execution is deemed terminated) or exempted; or a person who was sentenced to a fine for such a crime, for whom five years have not passed since that sentence;
4. A person who had been sentenced to a stay of execution of imprisonment without labor or a heavier punishment pursuant to subparagraph 3, for whom five years have not passed since the execution was stayed;
5. A person who had been sentenced to medical treatment and custody for any of the crimes described in subparagraph 3 (excluding items (c), (f), and (g) thereof) of Article 19, for whom five years have not passed since the execution of the sentence was terminated or exempted;
6. A person who had been sentenced to imprisonment without labor or to a heavier punishment for a violation of this Act, the Security Services Industry Act, or the International Ship and Port Facility Security Act (excluding the crime described in Article 47), for whom five years have not passed since the execution of the sentence was terminated (including cases where the execution is deemed terminated), stayed or exempted, or a person who was sentenced to a fine for such a violation, for whom three years have not passed since that sentence;
7. A mentally ill person or an epileptic, as prescribed by Presidential Decree;
8. A person addicted to a drug (referring to any narcotics pursuant to subparagraph 1 of Article 2 of the Narcotics Control Act or any hallucinogenic chemicals pursuant to Article 22 (1) of the Chemicals Control Act; hereinafter the same shall apply) or alcohol, as prescribed by Presidential Decree.
(2) A person who intends to become a marine special security guard shall meet the following requirements: Provided, That, in the case of a foreigner, he/she shall meet the qualifications or experience requirements pursuant to subparagraphs 1 and 2:
1. To meet the physical conditions prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. To meet any of the requirements for career, qualification, or education and training, or other equivalent requirements, as prescribed by Presidential Decree.
(3) No maritime special security business entity shall employ or engage a person who falls under the grounds for disqualification under paragraph (1) or fails to meet the requirements specified in paragraph (2) as a marine special security guard.
(4) If deemed that a marine special security guard fails to meet the qualification requirements, the Minister of Oceans and Fisheries may request the maritime special security business entity to prohibit him/her from boarding or to replace him/her, and the maritime special security business entity shall comply with such request in the absence of justifiable grounds.
 Article 27 (Employment Management of Marine Special Security Guards)
(1) Where a maritime special security business entity employs or dismisses a marine special security guard, it shall enter such fact in the employment management register and keep the same for a period of time prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) A maritime special security business entity shall evaluate the eligibility and job competency of his/her marine special security guards every year after the date of their employment and, if any of them is deemed unqualified, it shall prohibit him/her from engaging in the maritime special security services.
(3) The Minister of Oceans and Fisheries may require a maritime special security business entity to submit necessary reports or data to verify the results of evaluation concerning the eligibility and job competency of marine special security guards, and may have a public official under his/her jurisdiction directly enter and check the relevant workplace.
 Article 28 (Education and Training for Marine Special Security Guards)
(1) A maritime special security business entity shall provide education and training for marine special security guards, as prescribed by Presidential Decree, such as boarding competency training, medical manager education, and weapons training, in order to improve their abilities and skills necessary to effectively deal with piracy.
(2) A maritime special security business entity may entrust the education and training pursuant to paragraph (1) to the domestic educational and training institutions described in each of the following subparagraphs, and, in the case of education and training in a foreign country, to the institutions recognized by the relevant country or its public institutions:
1. For boarding competency training and medical manager education, the Korea Institute of Maritime and Fisheries Technology pursuant to the Korea Institute of Maritime and Fisheries Technology Act or other maritime educational institutions;
2. For weapons training and other anti-piracy training, the institutions designated by the Minister of Oceans and Fisheries.
(3) The methods of education and training pursuant to paragraphs (1) and (2), the kinds of weapons available, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER V PERFORMANCE OF MARITIME SPECIAL SECURITY SERVICES
 Article 29 (Obligations of Ship Owners, etc.)
(1) No ship owner, etc. shall embark passengers in excess of the maximum seating capacity, including marine special security guards, pursuant to Article 8 (2) of the Ship Safety Act.
(2) A ship owner, etc. shall provide the hired maritime special security business entity in advance with the ship’s particulars and other information necessary for the entity to perform maritime special security services.
(3) A ship owner, etc. shall establish rules on the use of weapons by marine special security guards in consultation with maritime special security business entities to ensure that weapons are used in accordance with Article 33.
(4) No ship owner, etc. shall subcontract his/her maritime special security services to any person to whom the license has not been granted under Article 16 (1).
 Article 30 (Obligations of Ships’ Captains)
(1) A ship’s captain, who is responsible for the safety and security of the ship on international voyage, may take measures necessary to prevent a marine special security guard from engaging in any of the following:
1. Causing harm to the safety of the ship on international voyage;
2. Causing harm to the seafarers, freight or equipment;
3. Disturbing order or breaking discipline on the ship on international voyage.
(2) Where marine special security guards embark on a ship on international voyage, the ship’s captain shall report to the ship owner, etc. on the personal details and number of the marine special security guards, and the scheduled dates and times for boarding and disembarkation.
(3) A ship’s captain shall give its marine special security guards sufficient information on matters necessary for the performance of maritime special security services, including the seafarers and passengers, navigation routes, and hull structure.
 Article 31 (Obligations of Marine Special Security Guards)
(1) No marine special security guard shall engage in any activity that obstructs or is likely to obstruct the safe navigation of a ship on international voyage, such as accessing any limited area in the ship on international voyage or using a weapon, without permission from the ship’s captain.
(2) No marine special security guard shall infringe on the freedom and rights of any seafarer or interfere with his/her legitimate activity.
 Article 32 (Carrying Weapons into or out of Ships)
(1) A maritime special security business entity may, upon request by the ship owner, etc., get the weapons used by marine special security guards brought into or taken out of a ship on international voyage to perform maritime special security services.
(2) The weapons brought into a ship on international voyage pursuant to paragraph (1) shall be kept in a place accessible by both the ship’s captain and the marine special security guards through mutual consultations.
(3) Neither a maritime special security business entity nor a marine special security guard shall bring any weapon into the territory of the Republic of Korea; and, when carrying a weapon into or out of the territory of the Republic of Korea for reasons of repair or other unavoidable circumstances, he/she shall do so in accordance with the Act on the Safety Management of Guns, Swords, Explosives, Etc. and other related Acts.
 Article 33 (Use of Weapons)
(1) A ship’s captain shall have the final right to decide on use of weapons by marine special security guards and shall ensure that weapons are used only in urgent and unavoidable situations that would otherwise be exposed to piracy or other threats, in accordance with this Act and international laws.
(2) A marine special security guard shall devise all reasonable measures to avoid use of weapons and shall not use weapons against any person unless such person is likely to cause a deadly injury to any seafarer or marine special security guard.
(3) When using a weapon, a marine special security guard shall do so in a phased manner in accordance with the rules on the use of weapons under Article 29 (3), based on the decision of the ship’s captain, wherein the use of weapon must be proportional to the degree of piracy or other threats.
(4) Notwithstanding paragraphs (1) and (3), the Minister of Oceans and Fisheries may prohibit use of weapons where it is deemed contrary to the national interest.
 Article 34 (Recording and Reporting)
(1) Where weapons are carried into or out of a ship on international voyage or used therein, the ship’s captain shall report the type, quantity, and details of use of the weapons to the ship owner, etc., who in turn shall notify the maritime special security business entity thereof after deciding whether the terms of the contract concerned are reasonable.
(2) Where a marine special security guard carries a weapon into or out of a ship on international voyage or uses it, the maritime special security business entity shall record all relevant matters and report the details thereof to the Minister of Oceans and Fisheries without delay.
(3) The Minister of Oceans and Fisheries may have a public official under his/her jurisdiction enter the workplace of a maritime special security business entity to check the records and reports on use of weapons.
(4) In the case of a deep-sea fishing vessel taking marine special security guards of a coastal country on board pursuant to Article 15 (4), the ship owner, etc. shall record and report the carrying of weapons into or out of the vessel and any use of the weapons, notwithstanding paragraph (2).
(5) If a foreign maritime special security business entity has a branch or subbranch in the Republic of Korea under Article 24, it has an obligation to keep records and make reports pursuant to paragraph (2), and if not, the ship owner, etc. using the maritime special security business entity has such an obligation.
(6) Further details concerning recording and reporting the carrying of weapons into or out of ships and any use of weapons shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 35 (Duty of Confidentiality)
Neither a person serving or having served as an executive or employee of a maritime special security business entity nor a marine special security guard shall divulge or provide to any other person confidential information that he/she has learned while performing his/her duties, except as otherwise specifically provided for in any other Act.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 36 (Taking Out Insurance Policy)
(1) Each maritime special security business entity and each ship owner, etc. shall take out an insurance policy against any liability, loss or expense arising from use of weapons by a marine special security guard to cover any bodily harm, property damage or other loss inflicted on the ship owner, seafarer, marine special security guard, or third party.
(2) An insurance contract made pursuant to paragraph (1) shall continue until the termination of the contract for maritime special security services.
 Article 37 (Countermeasures)
(1) If a maritime special security business entity is disadvantaged by a foreign government agency, legal entity, or organization associated with the maritime special security business against the principle of reciprocity, as described in any of the following, the Minister of Oceans and Fisheries may take any measures corresponding thereto against the maritime special security business entities of the relevant foreign country:
1. Levying charges or other dues;
2. Prohibiting or limiting the performance of maritime special security services by marine special security guards employed by a Korean maritime special security business entity;
3. Prohibiting or limiting the entry into the Republic of Korea by marine special security guards employed by a Korean maritime special security business entity;
4. Other matters prescribed by Presidential Decree.
(2) If a foreign maritime special security business entity disturbs the order for the maritime special security business or obstructs business activities of a Korean maritime special security business entity, the Minister of Oceans and Fisheries may prohibit or limit the performance of maritime special security services by the foreign maritime special security business entity for any ship on international voyage.
(3) Such matters as the details of and procedures for the measures pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 38 (International Cooperation)
(1) The State shall actively participate in international activities for the eradication of piracy and endeavor to establish policies or systems required therefor or recommended by international organizations.
(2) Where necessary for conducting business affairs or collecting information regarding protection against piracy, the Minister of Oceans and Fisheries may dispatch public officials or related experts to an international organization or a foreign government or research institute.
 Article 39 (Fees)
(1) A person who intends to receive an eligibility examination under Article 16 (4) shall pay a fee: Provided, That, where an examination agency performs the eligibility examination pursuant to Article 18 (1), the fee determined by the examination agency shall be paid to the relevant agency.
(2) Where an examination agency collects fees pursuant to the proviso to paragraph (1), it shall determine the rates or amounts of the fees and obtain approval therefor from the Minister of Oceans and Fisheries. The same shall also apply to a modification of any of the approved matters.
(3) The rates or amounts of fees pursuant to paragraph (2), the approval procedures therefor, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 40 (Hearings)
The Minister of Oceans and Fisheries shall hold a hearing in accordance with the Administrative Procedures Act in any of the following cases:
1. Where he/she intends to revoke the designation of an examination agency pursuant to Article 18 (2);
2. Where he/she intends to revoke a license for a maritime special security business pursuant to Article 21 (1) and (2).
 Article 41 (Delegation and Entrustment)
(1) The Minister of Oceans and Fisheries may delegate part of his/her authority pursuant to this Act to the Commissioners of the Regional Offices of Oceans and Fisheries, as prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries may entrust part of his/her work pursuant to this Act to related specialized institutions or organizations, as prescribed by Presidential Decree.
 Article 42 (Legal Fiction as Public Officials in Applying Penalty Provisions)
An executive or employee of an examination agency, or an executive or employee of an institution or organization engaging in the work entrusted by the Minister of Oceans and Fisheries pursuant to Article 41 (2) shall be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act.
CHAPTER VII PENALTY PROVISIONS
 Article 43 (Penalty Provisions)
Any person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding twenty million won:
1. A person who takes a marine special security guard on board without a risk assessment pursuant to Article 15 (2);
2. A person who engages in a maritime special security business without obtaining a license pursuant to Article 16 (1) (including a person who continues a maritime special security business after a revocation of the license pursuant to Article 21 and a person who continues a maritime special security business during the period of business suspension);
3. A person who obtains a license for a maritime special security business by fraud or other wrongful means;
4. A person who performs eligibility examinations without being designated pursuant to Article 18 (1) (including a person who continues work after a revocation of designation pursuant to Article 18 (2) and a person who continues work during the period of business suspension);
5. A person who is qualified as a marine special security guard pursuant to Article 26 (2) by fraud or other wrongful means;
6. A person who fails to comply with a request for prohibition of boarding or for replacement pursuant to Article 26 (4) without justifiable grounds;
7. A person who fails to conduct the job competency evaluation pursuant to Article 27 (2) or continues to employ a person rated unqualified upon evaluation;
8. A person who keeps a weapon in violation of Article 32 (2);
9. A person who brings a weapon into the territory of the Republic of Korea in violation of Article 32 (3);
10. A person who uses a weapon in violation of Article 33 (4).
 Article 44 (Penalty Provisions)
Any person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won:
1. The owner, etc. or a seafarer of a ship on international voyage entering a risk area in violation of the restriction pursuant to Article 12 (2) or 13 (4);
2. A person who fails to report the purchase, replacement, theft or loss of a weapon in violation of Article 23 (2);
3. A person who subcontracts his/her maritime special security services to any person to whom the license has not been granted under Article 16 (1), in violation of Article 29 (4);
4. A person who allows use of a weapon in violation of Article 33 (1) or a person who uses a weapon without the decision of the ship’s captain thereon pursuant to Article 33 (3);
5. A person who fails to report to the ship owner, etc. in violation of Article 34 (1);
6. A person who fails to report on the carrying or use of a weapon or makes a false entry in such report in violation of Article 34 (2);
7. A person who divulges or provides to another person any confidential information that he/she has learned while performing his/her duties, in violation of Article 35.
 Article 45 (Aggravated Punishment)
(1) If a marine special security guard commits a crime described in any of Articles 257 (1), 258 (1) and (2), 259 (1), 260 (1), 262, 268, 276 (1), 277 (1), 281 (1), 283 (1), 324, 350 and 366 of the Criminal Act against a seafarer while performing maritime special security services with a weapon, in violation of the rules on the use of weapons pursuant to Articles 29 (3) and 33 (3), an additional penalty of up to one half of the penalty already prescribed shall be imposed.
(2) If a marine special security guard commits a crime described in any of Articles 257 (1), 258 (1) and (2), 259 (1), 261, 262, 268, 276 (1), 277 (1), 281 (1), 283 (1), 324, 350 and 366 of the Criminal Act against a seafarer, using any deadly weapon or dangerous things other than weapons available pursuant to Article 32 (1), while performing maritime special security services, an additional penalty of up to one half of the penalty already prescribed shall be imposed.
 Article 46 (Joint Penalty Provisions)
If the representative of a legal entity or an agent, servant or other employee of a legal entity or individual commits an offense prescribed in any of Articles 43 through 45 in course of performing the duties of the legal entity or individual, not only shall the offender be punished accordingly, but also the legal entity or individual shall be punished by a fine provided for in the relevant Article: Provided, That the same shall not apply where the legal entity or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
 Article 47 (Administrative Fines)
(1) Any person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding three million won:
1. A person who fails to establish or submit any internal measures, in violation of Article 9 (1);
2. A person who fails to establish a shelter in violation of Article 12 (1);
3. A person who, in violation of Article 12 (3), refuses, evades or interferes with the entry and check or fails to submit the relevant data or report without justifiable grounds, or submits any false data or report;
4. A person who fails to implement measures, such as an order for improvement, pursuant to Article 12 (6);
5. A person who fails to file a report in violation of Article 16 (5);
6. A person who refuses to render any illegal maritime special security services, in violation of Article 22 (2);
7. A person who fails to make an entry in the account book or to keep the same, in violation of Article 23 (1);
8. A person who fails to make an entry in the employment management register and to keep the same, in violation of Article 27 (1);
9. A person who, in violation of Article 27 (3), refuses, evades or interferes with the entry and check or fails to submit the relevant data or report without justifiable grounds, or submits any false data or report;
10. A person who refuses, evades or interferes with the entry pursuant to Article 34 (3) without justifiable grounds.
(2) A ship’s captain who fails to file a report on passage pursuant to Article 7 (2) without justifiable grounds shall be subject to an administrative fine not exceeding one million won.
(3) Administrative fines specified in paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Those Declared Incompetent or Quasi-Incompetent)
Notwithstanding subparagraph 1 of Article 19 and Article 26 (1) 1, the adult ward or limited ward under each of those provisions shall be construed as including any person for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act, Act No. 10429.
Article 3 (Transitional Measures concerning Education and Training)
Any seafarer or marine special security guard who has completed education and training in accordance with other Acts at the time this Act enters into force shall be deemed to have completed education and training pursuant to Article 28; and, if the validity period of education and training varies depending on individual education and training courses, it shall be deemed the remaining validity period.
Article 4 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That the amended portions of any Act that was revised pursuant to Article 5 of the Addenda to the Government Organization Act and promulgated before the Government Organization Act enters into force, whose enforcement date has not arrived yet, shall enter into force on the enforcement date of such Act.
Articles 2 through 6 Omitted.