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

Act No. 14243, May 29, 2016

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

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to ensure safety and public order in underwater leisure activities, to encourage underwater leisure activities, and to promote robust development of underwater leisure activities.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. "Underwater" means the region below the surface of seawater as defined in subparagraph 6 of Article 2 of the Water-Related Leisure Activities Safety Act (hereinafter referred to as "seawater") or of inland waters as defined in subparagraph 7 of Article 2 of said Act (hereinafter referred to as "inland water");
2. "Underwater leisure activities" means activities specified by Presidential Decree, including skin diving and scuba diving, as those performed for pastime, recreation, sports, education, etc. with craft or equipment for underwater leisure in the water;
3. "Person engaged in underwater leisure activities" means a person who is engaged in underwater leisure activities;
4. "Underwater leisure activity zone" means an area between the bounds specified by Presidential Decree for underwater leisure activities and the point where underwater leisure activities are conducted;
5. "Underwater leisure craft" means ships specified by the Ship Act as those for travelling on seawater or inland waters or in the water and powered water leisure craft as defined in the Water-Related Leisure Activities Safety Act;
6. "Underwater leisure equipment" means devices and equipment specified by Presidential Decree as required for underwater leisure activities, such as swimming goggles, snorkels, air cylinders, breathing apparatuses, and buoyancy controllers, in addition to underwater leisure craft;
7. "Underwater leisure facilities" means facilities specified by Presidential Decree, including propeller shields and dive ladders, as required for safety of underwater leisure craft;
8. "Underwater leisure business" means any of the following businesses related to underwater leisure activities:
(a) Business of renting underwater leisure craft or underwater leisure equipment to persons engaged in underwater leisure activities;
(b) Business of transporting persons engaged in underwater leisure activities by underwater leisure craft;
(c) Business of providing educational programs to persons engaged in underwater leisure activities with regard to information, etc. necessary for underwater leisure activities;
(d) Other businesses specified by Presidential Decree as a business similar to those specified in items (a) through (c).
9. "Underwater leisure business entity" means a person registered pursuant to Article 15 in order to engage in an underwater leisure business;
10. "Underwater leisure instructor" means a person qualified under Article 11 (4) for safe underwater leisure activities as a person who can teach and guide persons engaged in underwater leisure activities.
 Article 3 (Relationships to Other Acts)
Except as otherwise expressly provided for in any provision of the following Acts, this Act shall apply to underwater leisure activities:
CHAPTER II PROMOTION OF UNDERWATER LEISURE ACTIVITIES
 Article 4 (Master Plan for Underwater Leisure Activities)
(1) The Minister of Oceans and Fisheries shall formulate and implement a quinquennial master plan for underwater leisure activities (hereinafter referred to as the "master plan"), as prescribed by Presidential Decree.
(2) The master plan shall include the following matters:
1. The basic direction-setting for policies on safety and promotion of underwater leisure activities;
2. Coordination and implementation of policies on safety and promotion of underwater leisure activities;
3. Securing and management of funds for safety and promotion of underwater leisure activities;
4. Installation, safety, maintenance, and management of facilities related to underwater leisure activities;
5. Development of underwater leisure businesses;
6. Education about underwater leisure activities;
7. Collaboration among organizations related to underwater leisure activities;
8. Survey, research, and advertising for underwater leisure activities;
9. Establishment and operation of an information system concerning underwater leisure activities;
10. Other matters necessary for safety and promotion of underwater leisure activities.
(3) When the Minister of Oceans and Fisheries intends to formulate a master plan, he/she shall consult with 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") thereon. The foregoing shall also apply where the Minister of Oceans and Fisheries intends to amend the master plan.
(4) When the Minister of Oceans and Fisheries intends to revise the master plan with regard to any of the minor matters specified by Presidential Decree, he/she may skip the consultation process under paragraph (3).
(5) The Minister of Oceans and Fisheries may request the head of any related central administrative agency or the head of any local government to provide him/her with data necessary for formulating, amending, or implementing the master plan or to cooperate with him/her in such process, and the head of a related central administrative agency or the head of a local government shall comply with such request, except in extenuating circumstances.
(6) The Minister of Oceans and Fisheries shall notify the head of each related central administrative agency and each Mayor/Do Governor of the master plan formulated pursuant to paragraph (1).
 Article 5 (Projects for Promotion)
In order to promote underwater leisure activities, the Minister of Oceans and Fisheries may implement the following projects:
1. Surveying, identifying, and advertising areas suitable for underwater leisure activities;
2. Developing the manufacturing industry for underwater leisure;
3. Formulating standards or guidelines for underwater leisure activities and education about underwater leisure;
4. Holding events related to underwater leisure activities.
 Article 6 (Voluntary Agreement)
Any underwater leisure business entity may conclude an agreement with a fishing village fraternity referred to in Article 15 of the Fisheries Cooperatives Act.
CHAPTER III SAFETY MANAGEMENT AND DUTY OF COMPLIANCE
 Article 7 (Establishment and Enforcement of Safety Management Regulations)
(1) In order to prevent accidents that might occur in connection with underwater leisure activities, the Minister of Oceans and Fisheries shall establish and enforce regulations on safety management of underwater leisure (hereinafter referred to as the "safety management regulations").
(2) The safety management regulations shall include provisions concerning the following matters:
1. Safety management of underwater leisure equipment and underwater leisure craft;
2. Renting underwater leisure equipment and use of underwater leisure craft;
3. Safety management of underwater leisure facilities;
4. Transportation and education of persons engaged in underwater leisure activities;
5. Other matters specified by Ordinance of the Ministry of Oceans and Fisheries for ensuring safety of persons engaged in underwater leisure activities.
 Article 8 (Duty of Compliance of Persons Engaged in Underwater Leisure Activities)
Persons engaged in underwater leisure activities shall comply with the following rules:
3. Every person engaged in underwater leisure activities shall wear underwater leisure equipment necessary for safety of life;
4. No person engaged in underwater leisure activities shall stray out of an underwater leisure activity zone.
 Article 9 (Signs of Underwater Leisure Activity Zone and Prohibition of Navigation)
(1) An underwater leisure business entity shall place the signs prescribed by Ordinance of the Ministry of Oceans and Fisheries in each underwater leisure activity zone so that other ships, etc. can recognize the zone.
(2) No ship shall navigate in an underwater leisure activity zone: Provided, That the foregoing shall not apply to a ship in either of the following cases:
1. A ship navigating in an underwater leisure activity zone in order to rescue people or a vessel;
2. A ship navigating in an underwater leisure activity zone for a military operation or maritime security.
(3) Even a ship falling under either subparagraph of paragraph (2) shall endeavor to navigate safely in the manner prescribed by Presidential Decree to protect persons engaged in underwater leisure activities.
 Article 10 (Safety Inspection)
(1) The Minister of Oceans and Fisheries shall conduct safety inspections on underwater leisure craft, underwater leisure equipment, underwater leisure facilities, etc. (hereinafter referred to as "underwater leisure craft, etc.") in each underwater leisure business establishment in accordance with the safety management regulations.
(2) If the Minister of Oceans and Fisheries finds any problem in safety of underwater leisure craft, etc. as a result of a safety inspection conducted pursuant to paragraph (1), he/she may issue an order to suspend the use of the underwater leisure craft, etc. or repair or restore the underwater leisure craft, etc. to the original state, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) A public official who conducts a safety inspection according to an order issued by the Minister of Oceans and Fisheries under paragraph (1) shall carry a certificate verifying his/her authority and shall present it to interested persons.
(4) Matters necessary for the guidelines, procedure, etc. for safety inspections under paragraph (1) shall be prescribed by Presidential Decree.
 Article 11 (Measures, etc. to be Taken by Business Entities)
(1) In order to ensure safety during underwater leisure activities, every underwater leisure business entity shall take the following measures: <Amended by Amended by Act No. 14839, Jul. 26, 2017>
1. Conducting safety inspections on underwater leisure craft, underwater leisure equipment, and other facilities specified by Ordinance of the Ministry of Oceans and Fisheries;
2. Monitoring weather and conditions of seawater or inland waters in each underwater leisure activity zone;
3. Taking measures for rescue and relief when an accident occurs in connection with underwater leisure activities and reporting the occurrence of the accident to the relevant administrative agency, such as a police station, a fire station, or a coast guard station;
4. Conducting an educational program for safety of persons engaged in underwater leisure activities before wearing underwater leisure equipment and boarding;
5. Placing underwater leisure instructors in each business establishment or in each underwater leisure craft.
(2) Specific matters necessary for the measures under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) A person who wishes to be qualified as an underwater leisure instructor shall complete an educational course concerning the use and safety inspection of underwater leisure equipment, measures to be taken in response to an accident that may occur in connection with underwater leisure activities.
(4) Specific matters necessary for the qualification of underwater leisure instructors, including the curriculum of the education under paragraph (3), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 12 (Reporting, etc. of Remote Underwater Leisure Activities)
(1) Any person who intends to conduct an underwater leisure activity at a place at least ten nautical miles far from the port of departure or coastline shall report his/her activity to the relevant police station or coast guard station. <Amended by Amended by Act No. 14839, Jul. 26, 2017>
(2) If any person dies, disappears, or sustains an injury as serious as defined by Presidential Decree due to an accident that has occurred in connection with an underwater leisure activity, the person engaged in the relevant underwater leisure business or another person engaged in the underwater leisure activity shall report the accident to a relevant administrative agency, such as a police station, a fire station, or a coast guard station. <Amended by Amended by Act No. 14839, Jul. 26, 2017>
(3) Upon receipt of a report under paragraph (2), the head of the relevant administrative agency shall take measures necessary for activities of rescuing people, settling the accident, etc.
(4) Matters necessary for the procedure, methods, etc. for the reporting under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 13 (Restrictions on Underwater Leisure Activities)
(1) No person shall conduct any underwater leisure activity between the time of 30 minutes after sunset and 30 minutes before sunrise: Provided, That the foregoing shall not apply where an underwater leisure craft, etc. is equipped with nighttime safety equipment and safety management personnel, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) In any of the following cases, the Minister of Oceans and Fisheries may order persons engaged in underwater leisure activities to restrict the hours of underwater leisure activities:
1. Where the condition of weather, seawater, or inland waters in the area near the relevant underwater leisure activity zone deteriorates;
2. Where a marine accident occurs in an area near the relevant underwater leisure activity zone;
3. Where various obstacles, such as fishing nets, exist in the sea;
4. Where such restriction is necessary for safety during underwater leisure activities due to any other cause or event.
 Article 14 (Designation, etc. of Underwater Leisure Activity Prohibition Zones)
(1) In any of the following cases, the Minister of Oceans and Fisheries may designate an underwater leisure activity prohibition zone after hearing opinions from the heads of related local governments for safety of underwater leisure activities:
1. Where a hazardous substance flows into the zone;
2. Where a harmful living creature appears in the zone;
3. Where a major sea route of ships goes through the zone;
4. Where it is found on any other ground that it is difficult to ensure safety during underwater leisure activities.
(2) No person shall conduct any underwater leisure activity in a prohibited zone designated under paragraph (1).
(3) The Minister of Oceans and Fisheries may cancel the designation of an underwater leisure activity prohibition zone under paragraph (1) after consulting with related agencies thereon.
CHAPTER IV UNDERWATER LEISURE BUSINESS
 Article 15 (Registration, etc. of Underwater Leisure Business)
(1) Any person who
intends to engage in an underwater leisure business shall meet the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries and shall register the business with the Minister of Oceans and Fisheries.
(2) If any change occurs to the registration, the entity of the underwater leisure business registered pursuant to paragraph (1) shall register the change in the manner prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 16 (Grounds for Disqualification from Registration of Underwater Leisure Business)
The following persons shall not be qualified for the registration as an underwater leisure business:
1. A minor, a person under the adult guardianship, or a person under the limited guardianship;
2. A person in whose case two years have not passed yet since a sentence of imprisonment without prison labor or any heavier penalty imposed upon him/her for a violation of this Act was completely executed or remitted;
3. A person sentenced to a suspension of imprisonment without labor or any heavier penalty for a violation of this Act and who is still in the period of suspension;
4. A person in whose case two years have not passed since his/her registration was revoked under Article 24 (excluding cases where his/her registration was revoked under subparagraph 1 of this Article).
 Article 17 (Succession to Status of Underwater Leisure Business Entity)
(1) Any of the following persons shall succeed to the status of an underwater leisure business entity:
1. The heir if the underwater leisure business entity is dead;
2. The transferee if the underwater leisure business entity transfers the business;
3. The corporation surviving after a merger or the corporation established as a consequence of a merger if the underwater leisure business entity in the form of a corporation is merged with another corporation.
(2) The succession to the status of an underwater leisure business entity under paragraph (1) shall become effective on the day when the registration of the change is completed in accordance with Article 15 (2).
 Article 18 (Reporting of Temporary or Permanent Closure of Business)
(1) When an underwater leisure business entity intends to temporarily or permanently close the business or resume business operations during the registered period of business, he/she shall report said action to the Minister of Oceans and Fisheries in the manner prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Upon receipt of a report on temporary or permanent closure of business or resumption of business operations under paragraph (1), the Minister of Oceans and Fisheries shall notify the tax office having jurisdiction over the domicile of the underwater leisure business of the temporary or permanent closure of business or resumption of business operations.
 Article 19 (Usage Charges)
Each underwater leisure business entity shall determine usage charge rates, including fares and rental charges, shall report the rates to the Minister of Oceans and Fisheries in the manner prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall post the rates in a location plainly visible in the place of business. The foregoing shall also apply where it is intended to change any matter stated in the report.
 Article 20 (Education, etc.)
(1) A person who is engaged in an underwater leisure business shall complete educational courses provided on a regular basis with regard to safety of underwater leisure activities, measures to be taken when an accident occurs in connection with underwater leisure activities, etc.
(2) Specific matters concerning the timing, curriculum, methods, etc. of the education under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 21 (Duty of Compliance of Underwater Leisure Business Entities)
(1) Underwater leisure business entities may use only the underwater leisure craft that have passed safety inspections under the Ship Safety Act, the Water-Related Leisure Activities Safety Act, and the Fishing Vessels Act for underwater leisure activities.
(2) The underwater leisure craft for transporting persons engaged in underwater leisure activities shall be equipped with the underwater leisure facilities specified by Ordinance of the Ministry of Oceans and Fisheries, including propeller shields and dive ladders.
(3) No underwater leisure business entity shall conduct the following acts:
1. Renting an underwater leisure craft to a person who has a high risk of harming him/herself or others (excluding cases where the person is accompanied by his/her guardian), such as a person below 14 years of age but not accompanied by his/her guardian, a person under the influence of alcohol, as referred to in Article 41 (5) of the Maritime Safety Act, or a person suspected of being mentally ill, as referred to in subparagraph 1 of Article 3 of the Mental Health Act, a person who speaks or behaves suspiciously, or a patient with an infectious disease or taking aboard such person on to an underwater leisure craft;
2. Loading an underwater leisure craft with people in excess of the capacity;
3. Demanding money or valuables in addition to the usage charge rates posted in accordance with Article 19;
4. Refusing to rent or operate an underwater leisure craft without a good cause;
5. Selling or providing alcoholic beverage in an underwater leisure craft or permitting any person engaged in underwater leisure activities to bring alcoholic beverage into an underwater leisure craft;
6. Conducting any obscene act or an act harmful to morality;
7. Continuing business operations during the hours in which underwater leisure activities are restricted under Article 13;
8. Carrying or transporting any dangerous substance, such as any of the explosive and inflammable materials specified by Presidential Decree by an underwater leisure craft with persons engaged in underwater leisure activities on board;
9. Dumping any petroleum product, excreta, or waste to the surface of seawater, inland waters, or into the water.
 Article 22 (Restriction on Business Operations)
In any of the following cases, the Minister of Oceans and Fisheries may order an underwater leisure business entity to restrict business hours or may temporarily suspend business operations:
1. Where the condition of weather, seawater, or inland waters in the area near the relevant underwater leisure activity zone deteriorates;
2. Where a marine accident occurs in an area near the relevant underwater leisure activity zone;
3. Where various obstacles, such as fishing nets, exist in the sea;
4. Where such restriction or suspension is necessary for safety of underwater leisure activities due to any other cause or event.
 Article 23 (Submission of Materials, etc.)
If the Minister of Oceans and Fisheries deems necessary for safety of underwater leisure activities, he/she may require an underwater leisure business entity to submit relevant documents or materials.
 Article 24 (Revocation, etc. of Registration of Underwater Leisure Business)
In any of the following cases, the Minister of Oceans and Fisheries may revoke the registration of an underwater leisure business or may order an underwater leisure business entity to completely or partially suspend business operations for not more than three months in the manner prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the registration of an underwater leisure business shall be revoked in any case specified in subparagraphs 1 through 3:
1. Where an underwater leisure business entity registered his/her business by fraud or any other improper means;
2. Where an underwater leisure business entity falls under any subparagraph of Article 16;
3. Where an underwater leisure business entity continues business operations even after the expiration of the period during which the occupancy or use of public waters is permitted under the Public Waters Management and Reclamation Act;
4. Where any person dies or is injured due to an intentional or grossly negligent act of an underwater leisure business entity or any of his/her employees;
5. Where an underwater leisure business entity does not register a change in accordance with Article 15 (2);
6. Where an underwater leisure business entity violates any provision of Articles 19 through 22 or an order.
 Article 25 (Penalty Surcharge)
(1) Where the Minister of Oceans and Fisheries shall issue an order to suspend business operations under Article 24, he/she may impose a penalty surcharge not exceeding 20 million won in lieu of the order of suspension of business operations, if the suspension of business operations is likely to cause severe inconvenience to users, etc. or harm public interest.
(2) Matters necessary for the categories of violations subject to imposition of a penalty surcharge under paragraph (1), the amount of a penalty surcharge that may be imposed according to the degree of violation, etc. shall be prescribed by Presidential Decree.
(3) If a person upon whom a penalty surcharge has been imposed under paragraph (1) fails to pay the penalty surcharge by the deadline, the Minister of Oceans and Fisheries shall collect it in the same manner as provided for the dispositions on delinquent national taxes.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 26 (Fees)
Any person who intends to apply for registration of an underwater leisure business or an amendment to such registration pursuant to Article 15 shall pay fees to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 27 (Hearings)
When the Minister of Oceans and Fisheries intends to revoke registration of an underwater leisure business under Article 24, he/she shall hold hearings.
 Article 28 (Delegation of Authority)
The Minister of Oceans and Fisheries may delegate part of his/her authority to the head of an affiliated agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
CHAPTER VI PENALTY PROVISIONS, ETC.
 Article 29 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
1. A person who operates a ship in violation of Article 9 (2);
2. A person who engages in an underwater leisure business without registration in violation of Article 15 (1);
3. An underwater leisure business entity who violates Article 21 (3) 8 or 9;
4. An underwater leisure business entity who continues business operations during the period of suspension of business operations under Article 24.
 Article 30 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won:
1. An underwater leisure business entity who violates Article 9 (1);
2. An underwater leisure business entity who violates an order issued under Article 10 (2) to suspend the use of craft, etc. or to repair or restore craft, etc. to the original state;
3. A person who fails to take the measures specified in Article 11;
4. A person who engages in an underwater leisure business without filing for an amendment to registration in accordance with Article 15 (2);
5. An underwater leisure business entity who violates the duty to conduct safety inspections on the underwater leisure craft used for underwater leisure activities or the duty to install underwater leisure facilities in accordance with Article 21 (1) or (2);
6. An underwater leisure business entity who violates an order issued under Article 22 to restrict business hours or to temporarily suspend business operations.
 Article 31 (Joint Penalty Provisions)
If the representative of a corporation, or an agent, employee, or servant of a corporation or of an individual commits an offense in violation of Article 29 or 30 in connection with the business of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual represented by the offender also shall be punished by a fine as specified in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not neglected due care and supervision over the relevant business to prevent such offense.
 Article 32 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding one million won:
1. A person who fails to report in violation of Article 12 (1) or 2;
2. A person who conducts an underwater leisure activity in violation of Article 13;
3. A person who conducts an underwater leisure activity in an underwater leisure activity prohibition zone in violation of Article 14 (2);
4. A person who fails to complete educational courses in violation of Article 20 (1);
5. An underwater leisure business entity who fails to submit a document or material required under Article 23, or who submits a false document or material.
(2) Any of the following persons shall be subject to an administrative fine not exceeding 500,000 won:
1. A person who fails to wear underwater leisure equipment in violation of subparagraph 3 of Article 8;
2. A person who strays out of an underwater leisure activity zone while conducting an underwater leisure activity in violation of subparagraph 4 of Article 8;
3. A person who fails to report temporary or permanent closure of business or resumption of business operations in violation of Article 18 (1).
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended by Article 5 of the Addenda, the amendment to an Act, which was promulgated before this Decree enters into force but whose enforcement date has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 6 Omitted.