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ENFORCEMENT DECREE OF THE ACT ON THE ARRIVAL, DEPARTURE, ETC. OF SHIPS

Presidential Decree No. 26473, Aug. 3, 2015

Amended by Presidential Decree No. 27442, Aug. 9, 2016

Presidential Decree No. 28172, jun. 30, 2017

Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Arrival, Departure, etc. of Ships and others necessary for the enforcement of said Act.
 Article 2 (Entry Report)
An entry report prescribed in Article 4 (1) of the Act on the Arrival, Departure, etc. of Ships (hereinafter referred to as “the Act”) shall be classified as follows: Provided, That the entry report of domestic line fishing vessels (referring to vessels prescribed in subparagraph 1 of Article 2 of the Fishing Vessels Act navigating among domestic ports only) shall be made as prescribed by Ordinance of the Ministry of Oceans and Fisheries:
1. Where a coastal vessel (referring to a vessel navigating domestic waters only) arrives at the water zone, etc. of a trade port or departs from the water zone, etc. of a trade port, it shall submit an entry report of domestic line vessel before the arrival or departure from the previous port, respectively, to the Minister of Oceans and Fisheries, as prescribed by Ordinance of Oceans and Fisheries;
2. Where an ocean-going vessel (referring to a vessel navigating between domestic ports and foreign ports) arrives at the water zone, etc. of a trade port or departs from the water zone, etc. of a trade port, it shall submit the entry report of the ocean-going vessel before the arrival or departure from the previous port, respectively, to the Minister of Oceans and Fisheries, as prescribed by Ordinance of Oceans and Fisheries;
3. Where a vessel which departed from a trade port returns to the same port from which it departed within 12 hours after such departure due to grounds such as evacuation or repair, it shall submit documents stating such fact to the Minister of Oceans and Fisheries;
4. Where a vessel arrives at the water zone, etc. of a trade port or departs from the water zone, etc. of a trade port to avoid marine accidents or due to other unavoidable grounds, it shall submit the documents describing such fact to the Minister of Oceans and Fisheries.
 Article 3 (Ships Subject to Entry Permission)
Any of the following captains shall obtain permission to enter a port from the Minister of Oceans and Fisheries pursuant to Article 4 (2) of the Act: <Amended by Presidential Decree No. 27442, Aug. 9, 2016; Presidential Decree No. 28172, Jun. 30, 2017>
1. A foreign registered ship which departs from a trade port and the next scheduled port of a call of which is North Korea;
2. A foreign registered ship which arrives at a trade port first within one year after it entered North Korean territorial waters;
2-2. A ship on international voyages (referring to a ship engaged on international voyages prescribed in subparagraph 1 of Article 2 of the International Ship and Port Facility Security Act), one of the crew of which is a foreign sailor who does an act under Article 33 (1) 3 of the same Act, and for which the Minister of Oceans and Fisheries deems that special management is needed to enter a trade port for national security;
3. A ship for which the head of the relevant central administrative agency or the head of a national security agency prescribed in subparagraph 9 of Article 2 of the International Ship and Port Facility Security Act (hereinafter referred to as “the head of a national security agency”) deems that special management is required to enter a trade port in the event of a war, armed conflict or a state of national emergency similar thereto or where it is necessary for national security.
 Article 4 (Application for Entry Permission)
A captain of a vessel who intends to obtain entry permission pursuant to Article 4 (2) of the Act, shall submit an application for entry permission before arrival or departure from the previous port by attaching the following documents, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:
1. The crew list;
2. The passenger manifest;
3. The documents approved for operation of transportation equipment pursuant to Article 33 of the Enforcement Decree of the Inter-Korean Exchange and Cooperation Act (only referring to vessels navigating between South Korea and North Korea after obtaining approval from the Minister of Unification pursuant to Article 20 (1) of the Inter-Korean Exchange and Cooperation Act).
 Article 5 (Procedure of Entry Permission)
(1) Where the Minister of Oceans and Fisheries intends to grant an entry permission pursuant to Article 4 (2) of the Act, he/she shall consult with the head of a national security agency and the head of the Immigration Office in advance.
(2) Where it is necessary to verify the contents of an application for entry permission of a vessel filed pursuant to Article 4, the Minister of Oceans and Fisheries may have the relevant public official embark on the relevant vessel and verify the facts regarding navigation in cooperation with the head of the relevant national security agency: Provided, That this shall not apply to any vessel navigating between South Korea and North Korea after obtaining the approval of the Minister of Unification pursuant to Article 20 (1) of the Inter-Korean Exchange and Cooperation Act.
 Article 6 (Designation of Anchorage)
(1) A vessel which intends to anchor in an anchoring zone designated and publicly notified by the Minister of Oceans and Fisheries pursuant to Article 5 (1) of the Act shall anchor after the anchorage is designated as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where the Minister of Oceans and Fisheries is unable to designate an anchorage for a vessel pursuant to paragraph (1) in the anchoring zone designated and publicly notified pursuant to Article 5 (1) of the Act, he/she may designate a certain place outside the anchoring zone as an anchorage.
 Article 7 (Scope of Related Corporations and Specially Related Persons)
(1) Related corporations prescribed in Article 25 (1) 4 of the Act, means any of the followings:
1. Corporations, more than 30/100 of total number of stocks of which are issued (including investment; hereinafter the same shall apply) is owned separately by or in combination with a person falling under any of Article 25 (1) 1 through 3 of the Act or a specially related person prescribed in subparagraph 4 of the same Article (hereinafter referred to as “specially related persons”);
2. Corporations of which more than 30/100 of total number of stocks issued is owned separately or in combination by corporations prescribed in subparagraph 1 and specially related persons;
3. Corporations of which more than 30/100 of total number of stocks issued is owned separatedly or in combination by corporations prescribed in subparagraph 1, specially related persons and corporations prescribed in subparagraph 2;
4. Corporations deemed to exercise influence over the management of the relevant corporation by the appointment and dismissal of executive officers, provisional registration, or registration for the establishment of the right to open-end mortgage, etc.
(2) Specially related person means any of the following persons:
1. Persons who own more than 30/100 of the total stocks issued by the relevant corporation;
2. The president, director, employees with unlimited liability who conduct business, and the auditor of the relevant corporation;
3. Relatives prescribed in Article 777 of the Civil Act of persons falling under subparagraphs 1 and 2;
4. Employees (in cases of an individual, referring to commercial employees, employees under an employment contract and persons who maintain their own livelihood) of persons falling under subparagraphs 1 and 2.
 Article 8 (Violation For Which Penalty Surcharge Is Imposed and Amount of Penalty Surcharge)
The amount of penalty surcharge determined according to the type and seriousness of violation for which a penalty surcharge is imposed pursuant to Article 27 (1) of the Act shall be as shown in attached Table 1.
 Article 9 (Imposition and Payment of Penalty Surcharge)
(1) Where the Minister of Oceans and Fisheries imposes a penalty surcharge pursuant to Article 27 (1) of the Act, he/she shall direct the person subject to penalty surcharge to pay the penalty surcharge, clarifying the details of violation and amount of the relevant penalty surcharge in writing.
(2) A person notified pursuant to paragraph (1) shall pay the penalty surcharge to the collecting agency prescribed by the Minister of Oceans and Fisheries within 20 days after he/she is notified: Provided, That where he/she is unable to pay the penalty surcharge within such period due to natural disaster or any other unavoidable cause, he/she shall pay it within 7 days after such cause ceases to exist.
(3) The collecting agency in receipt of the penalty surcharge pursuant to paragraph (2) shall issue a receipt and notify without delay the Minister of Oceans and Fisheries that it received the penalty surcharge.
(4) Penalty surcharge payment shall not be made in installments.
 Article 10 (Urge for Payment and Collection of Penalty Surcharge)
(1) Where a person who was notified to pay a penalty surcharge pursuant to Article 9 (1) fails to pay it within the payment period, the Minister of Oceans and Fisheries shall issue a reminder within seven days after the payment period expires. In such case, the payment period shall be within ten days after the date of issuance of the reminder.
(2) Where a person urged to pay the penalty surcharge prescribed in paragraph (1) fails to pay the penalty surcharge within the payment period, the Minister of Oceans and Fisheries may have his/her officials collect the penalty surcharge in the same coercive manner as delinquent national taxes are collected. In such case, the affiliated public official shall carry a certificate indicating his/her authority and present it to interested parties.
 Article 11 (Organization and Operation of Tugboat Operation Council)
(1) The tugboat operation council prescribed in Article 30 (1) of the Act (hereinafter referred to as “council”) may be organized and operated by being separated into the central tugboat operation council and the local tug boat operation council, which is established in each trade port.
(2) The central tugboat operation council prescribed in paragraph (1) (hereinafter referred to as “central council”) shall be comprised of nine members, including one chairperson and one vice-chairperson, and the members shall be appointed by the Minister of Oceans and Fisheries from among the following persons:
1. Three persons representing tugboat users (two persons recommended by shipowners’ organizations and one person recommended by shippers’ organizations);
2. Three persons representing tugboat business operators recommended by tugboat operators’ organizations;
3. Three marine and port experts recommended following consultation among persons representing tugboat users and persons representing tugboat business operators. In such case, three marine and port experts shall include at least one pilot recommended by organizations of pilots.
(3) The local tugboat operation council prescribed in paragraph (1) (hereinafter referred to as “local council”) shall be comprised of an odd number of members, including a chairperson and a vice-chairperson, and the members shall be appointed by the Minister of Oceans and Fisheries according to the following standards:
1. Three marine and port experts recommended following consultation among persons representing tugboat users and persons representing tugboat business operators. In such case, at least one pilot belonging to the relevant trade port shall be included in three marine and port exprts;
2. The number of members representing tugboat users and the number of members representing tugboat business operators shall be the same.
(4) The chairperson and vice-chairperson of the council shall be elected from among and by its members.
(5) The chairperson of the council shall represent the council and have general supervision and control of its affairs.
(6) The vice-chairperson of the council shall assist the chairperson, and in any case where the chairperson is unable to perform any of his/her duties due to any unavoidable cause, the vice-chairperson shall act on behalf of the chairperson.
 Article 12 (Function of Council)
(1) The central council shall hold consultation on the following matters:
1. The calculation and determination of fees for using tugboats;
2. The promulgation and amendment of the regulations for operating the central council;
3. Guidance, supervision and support for the local council;
4. Other matters necessary for the operation of tugboats.
(2) The local council shall hold consultation on the following matters:
1. The method for using tugboats;
2. The enactment and revision of the regulations for operating the local council;
3. The procedures for using tugboats and methods of assigning tugboats;
4. The formulation of standards for using tugboats;
5. Matters regarding the assignment of tugboats belonging to the Korea Marine Environment Management Corporation prescribed in Article 96 (1) of the Marine Environment Management Act (only limited to cases falling under the proviso to Article 24 (2) 4 of the Act;
6. Other matters necessary for the operation of tugboats in each relevant port.
 Article 13 (Meeting of Council)
(1) The chairperson shall convene meetings of a council where the chairperson deems it necessary or where he/she receives a request from at least a majority of incumbent members.
(2) A majority of the members of the council shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(3) The regulations for operating the council shall include the following:
1. Matters regarding the method for election, term of office and dismissal of members of the council;
2. Matters necessary for consultation prescribed in Article 12.
 Article 14 (Establishment, Approval, etc. of Safety Management Plan)
(1) A safety management plan prescribed in the former part of Article 34 (1) of the Act (hereinafter referred to as “safety management plan”) shall include the following:
1. Matters regarding the policies for the safety of a chief executive officer and environmental protection;
2. Matters regarding the operation and business affairs of the organization in charge of safety management of dangerous substances;
3. Matters regarding the appointment and duty of a safety manager charged with handling dangerous substances;
4. Matters regarding the details, such as the name, size and number, of facilities for loading and unloading dangerous substances (including tank vessels);
5. Matters regarding the safety education and training for a person in charge of handling dangerous substances;
6. Matters regarding safety facilities such as fire-fighting facilities, safety equipment and pollution prevention equipment;
7. Matters regarding the work standards for handling dangerous substances and know-how to maintain workplace safety;
8. Matters regarding the safety inspection plan and conducting safety inspection of wharfs and vessels;
9. Matters regarding the contents and methods for implementing comprehensive emergency response training;
10. Matters regarding the command system and emergency measures plan in case of emergency;
11. Matters regarding the reporting system and handling methods upon finding unsafe elements;
12. Other matters deemed necessary for the safety of handling dangerous substances and publicly announced by the Minister of Oceans and Fisheries.
(2) A safety management plan shall remain in effect for five years beginning from the date the safety management plan or the change thereof was approved.
(3) A person who obtained an approval for a safety management plan pursuant to Article 34 (1) of the Act may file an application for a renewal of the safety management plan from three months to one month before the expiration date of the safety management plan.
(4) “Matters prescribed by Presidential Decree” in the latter part of Article 34 (1) of the Act, means the matters prescribed in paragraph (1) 1 through 4, 6, 8 and 10.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), other necessary matters such as the procedure for approving a safety management plan shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 15 (Measures for Preventing Objects Easily Scattered From Falling)
A person who loads or unloads any object which is easily scattered pursuant to Article 38 (2) of the Act shall use a cover or intall facilities to prevent objects from falling and install facilities to prevent objects that fell on the water surface from floating about or being scattered.
 Article 16 (Removal, etc. of Obstacles)
(1) Where the Minister of Oceans and Fisheries intends to dispose of an object which obstructs, or is likely to obstruct the navigation of ships in the water zone, etc. of a trade port or in a place adjacent to the water zone of a trade port (hereinafter referred to as “obstacle”) pursuant to Article 40 (4) of the Act, he/she shall offer it for sale at public auction: Provided, That where it is concerned that the price of the object is less than expenses incurred in sale at public auction, he/she may dispose of it using a method other than public sale.
(2) Where the Minister of Oceans and Fisheries intends to offer the object for sale at public auction pursuant to the main sentence of paragraph (1), he/she shall notify the following matters. In such cases, the notification shall be placed on a bulletin board and the website of the Ministry of Oceans and Fisheries for at least seven days, and if necessary, it may be published in the Official Gazette or a general daily newspaper circulated nationwide pursuant to Article 9 (1) of the Act on the Promotion of Newspapers, Etc.:
1. The name and details of the object to be offered for public auction;
2. The place and time of the public auction;
3. The amount of tender bid, when it is received.
(3) Where any expenses remain after excluding the expenses incurred in removing the relevant object and those incurred in sale at public auction from the revenues earned through the public auction prescribed in paragraph (1) and (2), the Minister of Oceans and Fisheries shall deposit it under the Deposit Act.
(4) Where the Minister of Oceans and Fisheries retains and manages the obstacle pursuant to the former part of Article 40 (6) of the Act, he/she shall retain it in its original shape; where it is difficult to ascertain the owner or person possessing the obstacle (hereinafter referred to as “owner, etc.” in this Article and Article 17), he/she shall inform the owner, etc. of the storage place and have the owner, etc. claim it within seven days.
(5) Where the owner, etc. fails to claim the obstacle within the period prescribed in paragraph (4) or it is difficult to ascertain the owner, etc., the Minister of Oceans and Fisheries may make a notification pursuant to paragraph (2) and offer it for sale at public auction. In such case, where any expenses remain after excluding the expenses incurred in retaining the relevant object and those incurred in sale at public auction from the revenues earned through the public auction, he/she shall return it to the owner, etc. and where it is difficult to ascertain the owner, etc., he/she shall deposit it under the Deposit Act.
 Article 17 (Request, etc. for Public Auction by Proxy)
(1) Where the Minister of Oceans and Fisheries has the Korea Asset Management Corporation established under Article 6 of the Act on the Efficient Disposal of Non-performing Assets, etc, of Financial Companies and the Establishment of Korea Asset Management Corporation manage by proxy the obstacles removed by proxy pursuant to the latter part of Article 40 (6) of the Act, he/she shall send the written request for public auction by proxy including the following to the Korea Asset Management Corporation:
1. The address or residence of the owner, etc. of obstacles;
2. The type, number, quality and location of obstacles;
3. The insurance premium and attachment status related to obstacles;
4. Other matters necessary for the public auction of obstacles by proxy.
(2) Where the Minister of Oceans and Fisheries requests the management by proxy pursuant to paragraph (1), he/she shall notify the owner, etc. of obstacles such fact and a person who has the leasehold right, the right of pledge, mortgage or other rights.
(3) Where the Minister of Oceans and Fisheries requests to cease managing obstacles by proxy due to the causes such as the payment of the expenses incurred in removing and managing, etc. the obstacles by the owner, etc., the Korea Asset Management Corporation shall cease to manage the obstacles by proxy without delay.
(4) Where the Korea Asset Management Corporation fails to manage the obstacles by proxy after two years from the day it receives such request, it may request the Minister of Oceans and Fisheries to cancel the request for management of the relevant obstacles by proxy.
(5) Upon receipt of request prescribed in paragraph (4), the Minister of Oceans and Fisheries shall cancel the request for management by proxy, except in extenuating circumstances.
 Article 18 (Scope of Permission to Engage in Construction, etc.)
“Construction or other works prescribed by Presidential Decree” in Article 41 (1) of the Act means the construction or other works falling under any of the followings: Provided, That this shall not apply to the construction or other works for which permission or a license was issued by the Minister of Oceans and Fisheries pursuant to the Harbor Act or Public Waters Management and Reclamation Act:
1. Construction or other work which puts a person or facility into water;
2. Construction or other work involving construction or reconstruction, or change or removal of facilities other than harbor facilities prescribed in subparagraph 5 of Article 2 of the Harbor Act or artificial structure;
3. Other construction or works prescribed by Ordinance of the Ministry of Oceans and Fisheries for the safety of a trade port.
 Article 19 (Event such as Ship Regatta)
“An event prescribed by Presidential Decree such as a ship regatta” in Article 42 (1) of the Act means the event falling under any of the followings:
1. A ship regatta using yachts, motor boats, etc.;
2. Purifying marine environment such as collecting marine waste;
3. A festival event such as a marine parade;
4. A fireworks event using ships;
5. Other events which are likely to affect the safety of ship traffic.
 Article 20 (Qualification for Public Official in Charge of Trade Port Inspections)
A public official who conducts an inspection or check pursuant to Article 48 (1) of the Act (hereinafter referred to as “public official in charge of trade port inspection”) shall be appointed by the Minister of Oceans and Fisheries from among any of the following affiliated public officials:
1. Public officials of Grade 7 and public officials of Grade 8 and 9 who have worked in a marine fisheries agency or patrol ship belonging to the marine public official for at least two years, and three years, respectively;
2. Persons with a license for mate of at least Grade 5, engineer of Grade 5 and above or ship operator of at least Grade 4, who have served onboard a ship for more than three years;
3. Persons who have been engaged in the examination of dangerous articles in an agency responsible for examination, etc. of dangerous articles prescribed in Article 65 (1) of the Ship Safety Act for more than three years.
 Article 21 (Affairs of Rely Network Business Operators)
(1) “Affairs prescribed by Presidential Decree” in Article 50 (3) 4 of the Act means the following affairs:
1. Establishing and distributing a system to systematically manage and utilize the information relevant to port logistics such as the arrival and departure of ships, and affairs using such system;
2. Education such as manufacturing and distributing educational materials regarding the use of a port operation information system prescribed in Article 50 (1) of the Act and a network which relays the port operation information system and users’ electronic documents (herein after referred to as “relay network”);
3. Public relations for the promotion of use and expansion of the port operation information system.
(2) Guidance and supervision of a network business operator who relays the port operation information system and users’ electronic documents (hereinafter referred to as “relay network business operator”) pursuant to Article 50 (5) of the Act shall be conducted as follows:
1. Reporting and verification of the status of conducting business of relay network business operator conducting the affairs pursuant to each subparagraph of Article 50 (3) of the Act;
2. Reporting and verification of the matters regarding the prevention, response and reinstatement of failures of the port operation information system and relay network;
3. Verification of observances of the standards of designating relay network business operators prescribed by Ordinance of the Ministry of Oceans and Fisheries;
4. Inspection of other matters necessary for smooth operation of the port operation information system.
 Article 22 (Delegation and Entrustment of Authority)
(1) The Minister of Oceans and Fisheries shall delegate authority for the following to the administrator of regional office of oceans and fisheries for a national trade port prescribed in Article 3 (2) 1 of the Harbor Act and to the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor or the Governor of a Special Self-Governing Province for a regional trade port prescribed in subparagraph 2 of the same paragraph, pursuant to Article 53 (1) of the Act: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. Acceptance of entry reports and permission for entry under Article 4 of the Act;
2. Designation and notification of an anchoring zone or anchorage, and acceptance of reports on movement of a ship due to unavoidable reasons under Article 5 of the Act;
3. Notification of the details regarding the limitation of anchoring or stoppage of ships in the water zone, etc. of a trade port under Article 6 (3) of the Act; and orders to change the anchoring place or method under paragraph (5) of the same Article;
4. Acceptance of reports on mooring of ships, designation of a mooring place and orders to embark the required number of sailors to maintain safety under Article 7 of the Act;
5. Order to move ships under Article 8 of the Act;
6. Limiting or prohibiting sea traffic under Article 9 of the Act;
7. Designation and notification of sea lanes under Article 10 (1) of the Act;
8. Acceptance of reports on anchoring or stopping of ships in a sea lane under Article 11 (2) of the Act;
9. Notification of the navigation, etc. under Article 12 (2) of the Act;
10. Designation and notification of a maximum navigation speed of ships under Article 17 (3) of the Act;
11. Order to use tug boats and notification of standards for using tug boats under Article 23 of the Act;
12. Registration of tugboat business under Article 24 of the Act;
13. Order to cancel the registration of a tugboat business and to suspend the business under Article 26 of the Act;
14. Imposition and collection of penalty surcharge under Article 27 of the Act;
15. Acceptance of repots on bringing in dangerous substances and limitation of the types and amount of dangerous substances, which may be brought in, or order to take measures necessary to ensure safety under Article 32 of the Act;
16. Designation of a place of anchoring or stopping a ship transporting dangerous substances under Article 33 of the Act;
17. Approval and order to amend a safety management plan for loading and unloading of dangerous substances, order to prohibit or suspend the loading or unloading, designation of a place of loading and unloading under Article 34 of the Act;
18. Orders against a person in charge of handling dangerous substances to take safety measures when handling dangerous substances under Article 35 (3) of the Act;
19. Permission to repair ships and acceptance of reports, designation of a place to anchor or moor ships to be repaired, and order to take safety measures against ships on repair under Article 37 of the Act;
20. Orders to remove waste, etc. under Article 38 (3) of the Act;
21. Measures in case of marine accident, etc. and collection of expenses incurred in taking such measures under Article 39 (2) and (3) of the Act;
22. Orders to remove obstacles, measures, such as removing obstacles, and collection of expenses incurred thereby, and retaining and management of obstacles under Article 40 of the Act;
23. Permission to engage in construction works, etc. and orders to take safety measures under Article 41 of the Act;
24. Permission to host ship regattas and other events and notification to the Commissioner General of the Korea Coast Guard of the fact of permission under Article 42 of the Act;
25. Permission for an act for floating material and order to take safety measures under Article 43 of the Act;
26. Designation of place and sea lane where fishing is prohibited under Article 44 of the Act;
27. Order to limit lighting under Article 45 (2) of the Act;
28. Order to suspend departure under Article 47 of the Act;
29. Inspection, check, etc. under Article 48 (1) of the Act;
30. Improvement order under Article 49 of the Act;
31. A hearing in case of issuing the dispositions under subparagraph 1 of Article 52 of the Act;
32. Imposition and collection of administrative fees under Article 59 of the Act;
33. Appointment of the members of local council under Article 11 (3);
34. Notification necessary for the safety of handling dangerous substances under Article 14 (1) 12.
(2) For the purposes of a trade port under the jurisdiction of the port authority under Article 4 (3) of the Port Authority Act, the Minister of Oceans and Fisheries shall entrust the affairs of accepting entry reports under Article 4 (1) of the Act, to the port authority as prescribed in Article 53 (3) of the Act.
 Article 23 (Criteria for Imposition of Administrative Fines)
Criteria for imposition of administrative fines under Article 59 (1) and (2) of the Act shall be as listed in attached Table 2.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2015.
Article 2 (Abolishment of Other Statutes)
Article 3 (Transitional Measures concerning Standards for Imposing Administrative Fees)
Notwithstanding attached Table 1, the imposition of administrative fees for any violation committed before this Decree enters into force shall be as shown in attached Table 5 of the Enforcement Decree of the Harbor Act.
Article 4 (Transitional Measures, etc. regarding Safety Management Plan)
(1) A safety management plan approved by the Minister of Oceans and Fisheries pursuant to Article 13-2 (1) of the former Enforcement Decree of the Public Order in Open Ports Act before this Decree enters into force, shall be deemed a safety management plan prescribed in Article 14 (1).
(2) The expiration date of the safety management plan prescribed in paragraph (1) shall be two years after this Decree enters into force, notwithstanding Article 14 (2).
Article 5 (Transitional Measures concerning Removal, etc. of Obstacles)
Article 15 of the former Enforcement Decree of the Public Order in Open Ports Act shall apply to the removal and public sale, etc. of obstacles discovered before this Decree enters into force, notwithstanding Articles 16 and 17.
Article 6 (Transitional Measures concerning Public Officials in Charge of Inspecting Open Ports)
A public official in charge of the inspection of open ports appointed under Article 17 of the former Enforcement Decree of the Public Order in Open Ports Act before this Decree enters into force shall be deemed a public official in charge of trade port inspection appointed pursuant to Article 20.
Article 7 Omitted.
Article 8 (Relationship to other Statutes)
Any citation of the former Enforcement Decree of the Public Order in Open Ports Act, the former Enforcement Decree of the Harbor Act, or any provision thereof, in any statute in force as at the time this Decree enters into force, shall be deemed a citation of this Decree or the relevant provision hereof, in lieu of the former Enforcement Decree of the Public Order in Open Ports Act, the former Enforcement Decree of the Harbor Act or any provision thereof, if such relevant provisions exist herein.
ADDENDUM <Presidential Decree No. 27442, Aug. 9, 2016>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 28172, Jun. 30, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended in accordance with Article 8 of the Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 8 Omitted.