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ENFORCEMENT DECREE OF THE ACT ON THE SAFETY, PROMOTION, ETC. OF UNDERWATER LEISURE ACTIVITIES

Presidential Decree No. 28035, May 8, 2017

Amended by Presidential Decree No. 28211, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters mandated by the Act on the Safety, Promotion, etc. of Underwater Leisure Activities and matters necessary for enforcing said Act.
 Article 2 (Underwater Leisure Activities)
"Activities specified by Presidential Decree, including skin diving and scuba diving" in subparagraph 2 of Article 2 of the Act on the Safety, Promotion, etc. of Underwater Leisure Activities means skin diving and scuba diving.
 Article 3 (Underwater Leisure Activity Zone)
"Area between the bounds specified by Presidential Decree" in subparagraph 4 of Article 2 means an area marked with the signs placed under Article 9 (1) of the Act.
 Article 4 (Underwater Leisure Activity Equipment)
"Devices and equipment specified by Presidential Decree" means the following equipment:
1. Swimming goggles;
2. Snorkels;
3. Air cylinders;
4. Breathing apparatuses;
5. Buoyancy controllers;
6. Diving suits and diving helmets;
7. Flippers;
8. Weights;
9. Dive knives;
10. Whistles;
11. Other equipment specified and publicly notified by the Minister of Oceans and Fisheries, among those similar to the underwater leisure equipment specified in subparagraphs 1 through 10 in shape or functions.
 Article 5 (Underwater Leisure Facilities)
"Facilities specified by Presidential Decree, including propeller shields and dive ladders" in subparagraph 7 of Article 2 of the Act means the following facilities:
1. Propeller shields;
2. Dive ladders;
3. Searchlights;
4. Ring life buoys;
5. Horns;
6. First-aid medicine and first-aid kits;
7. Rescue rope;
8. Other equipment specified and publicly notified by the Minister of Oceans and Fisheries, among those similar to the underwater leisure facilities specified in subparagraphs 1 through 7 in shape or functions.
CHAPTER II PROMOTION OF UNDERWATER LEISURE ACTIVITIES
 Article 6 (Master Plan for Underwater Leisure Activities)
(1) Where the Minister of Oceans and Fisheries shall consult on a master plan for underwater leisure activities that he/she intends to formulate or amend pursuant to Article 4 (3) of the Act, the period of consultation shall be at least for 20 days, except in extenuating circumstances.
(2) "Minor matters specified by Presidential Decree" in Article 4 (4) of the Act means the matters specified in Article 4 (2) 7 through 10 of the Act.
(3) If the Minister of Oceans and Fisheries deems necessary for formulating or amending a master plan, he/she may hold a public hearing to seek opinions from persons engaged in underwater leisure activities, underwater leisure business entities, etc.
(4) When the Minister of Oceans and Fisheries amends a master plan, he/she shall notify the head of each related central administrative agency and the Special Metropolitan City Mayor; and each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") of the amendment: Provided, That the foregoing shall not apply to amendments to any minor matter referred to in paragraph (2) in the master plan.
CHAPTER III SAFETY MANAGEMENT AND DUTY OF COMPLIANCE
 Article 7 (Duty of Due Care of Ship Operators)
A person who operates a ship specified in any subparagraph of Article 9 (2) of the Act shall comply with the following rules pursuant to Article 9 (3) of the Act:
1. The person shall blow horns in an underwater leisure activity zone;
2. The person shall keep watching for signs placed under Article 9 (1) of the Act and persons engaged in underwater leisure activities, and shall exercise due care to avoid adversely affecting the safety of persons engaged in underwater leisure activities.
 Article 8 (Guidelines, Procedure, etc.)
(1) Safety inspections conducted pursuant to Article 10 (1) of the Act shall be classified as follows:
1. Regular safety inspection: The safety inspection conducted annually on the matters specified in Article 7 (2) of the Act;
2. Occasional safety inspections: Safety inspections conducted occasionally on the matters specified and publicly notified by the Minister of Oceans and Fisheries as those that are likely to cause an accident related to underwater leisure activities so as to ensure safety during underwater leisure activities.
(2) When the Minister of Oceans and Fisheries intends to conduct an annual safety inspection under paragraph (1) 1, he/she shall notify interested persons of the safety inspection plan at least five days before conducting the inspection.
(3) The Minister of Oceans and Fisheries may exempt the underwater leisure activity business establishments that have passed the safety inspection conducted under Article 15 of the Act on Prevention of Accidents at Coastal Sea from the annual safety inspection under paragraph (1) 1 for the relevant year.
 Article 9 (Reporting, etc. of Remote Underwater Leisure Activities)
(1) A person who intends to submit a report pursuant to Article 12 (1) of the Act, he/she shall state the following matters in the remote underwater leisure activity report form prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall submit the report to the relevant coast guard station or police station: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. Personally identifiable information, including name and address;
2. The underwater leisure activity zone;
3. Distance of travel;
4. Scheduled time of return.
(2) "Injury as serious as defined by Presidential Decree" in Article 12 (2) of the Act means unconsciousness or an injury with serious bleeding.
(3) A person who shall submit a report pursuant to Article 12 (2) of the Act shall report the following matters to the head of the related administrative agency, such as a coast guard station, police station, or fire station: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. Personally identifiable information of the person who is dead or has disappeared; or of the person who is seriously injured as referred to in paragraph (2);
2. The location and time of the accident;
3. The category of the accident.
CHAPTER IV UNDERWATER LEISURE BUSINESS
 Article 10 (Dangerous Substances)
"Dangerous substance, such as any of the explosive and inflammable materials specified by Presidential Decree" in Article 21 (3) 8 of the Act means any of the dangerous articles referred to in Article 41 (1) of the Ship Safety Act: Provided, That materials used as fuel for underwater leisure craft shall be excluded herefrom.
 Article 11 (Imposition and Payment of Penalty Surcharges)
(1) The guidelines for imposing penalty surcharges, including categories of violations subject to imposition of a penalty surcharge under paragraph 25 (1) of the Act, the amount of a penalty surcharge that may be imposed according to the degree of violation, etc. shall be as prescribed in attached Table 1.
(2) When the Minister of Oceans and Fisheries intends to impose a penalty surcharge under paragraph (1), he/she shall give a written notice, clearly stating the category of violation and the amount of the penalty surcharge.
(3) A person who receives the notice under paragraph (2) shall pay the penalty surcharge to the receiving agency specified by the Minister of Oceans and Fisheries within 20 days from the date when the notice is delivered: Provided, That, if a person is unable to pay a penalty surcharge due to a natural disaster or any other event beyond control, he/she shall pay it within seven days from the date on which such event terminates.
(4) The receiving agency that receives a penalty surcharge under paragraph (3) shall issue a receipt to the payer and shall notify the Minister of Oceans and Fisheries of the receipt of the penalty surcharge, without delay.
(5) No penalty surcharge under paragraph (1) shall be paid in installments.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 12 (Delegation of Authority)
Pursuant to Article 28 of the Act, the Minister of Oceans and Fisheries shall delegate his/her authority over the following matters to the head of each Regional Office of Oceans and Fisheries:
1. Conducting safety inspections under Article 10 (1) of the Act;
2. Issuing an order to suspend the use of underwater leisure craft, etc., or to repair and restore such craft, etc. to the original state under Article 10 (2) of the Act;
3. Issuing an order to restrict the hours of underwater leisure activities under Article 13 (2) of the Act;
4. Registration of underwater leisure businesses, and registration of amendments under Article 15 of the Act;
5. Authority for reporting temporary or permanent closure of business, or resumption of business operations under Article 18 of the Act;
6. Authority for reporting usage charge rates and reporting changes in such rates under Article 19 of the Act;
7. Issuing an order to restrict business hours, or to temporarily suspend business operations under Article 22 of the Act;
8. Issuing an order to submit documents or materials under Article 23 of the Act;
9. Revoking the registration of underwater leisure businesses, or suspending business operations under Article 24 of the Act;
10. Imposing and collecting penalty surcharges under Article 25 of the Act;
11. Receiving fees under Article 26 of the Act;
12. Holding hearings under Article 27 of the Act;
13. Imposing and collecting administrative fines under Article 32 of the Act.
 Article 13 (Handling of Sensitive Information and Personally Identifiable Information)
If the Minister of Oceans and Fisheries or the head of a Regional Office of Oceans and Fisheries deems inevitably necessary for performing administrative work for the following matters, he/she may handle information about health under Article 23 of the Personal Information Protection Act or data containing a resident registration number or an alien registration number under Article 19 of the Enforcement Decree of said Act:
1. Registration of an underwater leisure business, or registration of amendments under Article 15 of the Act;
2. Verification of disqualifications for registration of an underwater leisure business under Article 16 of the Act;
3. Succession to the status of an underwater leisure business under Article 17 of the Act;
4. Reporting of temporary or permanent closure of business, or resumption of business operations under Article 18 of the Act;
5. Reporting of usage charge rates, and reporting of changes in such rates under Article 19 of the Act.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 14 (Guidelines for Imposition of Administrative Fines)
The Guidelines for imposition of administrative fines under Article 32 (1) and (2) of the Act shall be as prescribed in attached Table 2.
ADDENDUM
This Decree shall enter into force on May 30, 2017.
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 by Article 8 of the Addenda, the amendment to a Presidential Decree, which was promulgated before this Decree enters into force whose enforcement date has yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 8 Omitted.