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ENFORCEMENT DECREE OF THE WATER-RELATED LEISURE ACTIVITIES SAFETY ACT

Wholly Amended by Presidential Decree No. 19297, Jan. 26, 2006

Amended by Presidential Decree No. 19719, Oct. 27, 2006

Presidential Decree No. 19977, Mar. 27, 2007

Presidential Decree No. 20300, Sep. 28, 2007

Presidential Decree No. 20544, Jan. 11, 2008

Presidential Decree No. 20699, Feb. 29, 2008

Presidential Decree No. 20722, Feb. 29, 2008

Presidential Decree No. 20789, May 21, 2008

Presidential Decree No. 20883, jun. 25, 2008

Presidential Decree No. 21401, Mar. 31, 2009

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 22827, Apr. 4, 2011

Presidential Decree No. 23379, Dec. 16, 2011

Presidential Decree No. 24457, Mar. 23, 2013

Presidential Decree No. 25013, Dec. 17, 2013

Presidential Decree No. 25274, Mar. 24, 2014

Presidential Decree No. 25559, Aug. 20, 2014

Presidential Decree No. 25753, Nov. 19, 2014

Presidential Decree No. 26295, jun. 1, 2015

Presidential Decree No. 26659, Nov. 20, 2015

Presidential Decree No. 26986, Feb. 17, 2016

Presidential Decree No. 27321, Jul. 6, 2016

Presidential Decree No. 27617, Nov. 29, 2016

Presidential Decree No. 28074, May 29, 2017

Presidential Decree No. 28217, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide matters as delegated by the Water-related Leisure Activities Safety Act and necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 2 (Definition)
(1) “Matters prescribed by Presidential Decree” under subparagraph 3 of Article 2 of the Water-related Leisure Activities Safety Act (hereinafter referred to as the “Act”) shall fall under any of the following: <Amended by Presidential Decree No. 23379, Dec. 16, 2011; Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25274, Mar. 24, 2014; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
1. A motorboat;
2. A sailing yacht (referring to the sail and engine being installed; hereinafter the same shall apply);
3. A personal water craft;
4. A rubber boat;
5. A scooter;
6. A hover craft;
7. A water ski;
8. A parasail;
9. A rowing;
10. A kayak;
11. A canoe;
12. A water sled;
13. A water bike;
14. A surfboard;
15. A rowing boat;
16. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries which have the structure, shape and operating method similar to the water leisure crafts under subparagraphs 1 through 15.
(2) “Matters prescribed by Presidential Decree” under subparagraph 4 of Article 2 of the Act shall fall under any of subparagraphs 1 through 6 of paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
CHAPTER II OPERATOR'S LICENSE
 Article 3 (Object, Standard, etc. of Operator's License)
(1) An engine-powered water leisure craft is subject to an operator's license for engine-powered water leisure craft from the Commissioner of the Korea Coast Guard shall mean that the maximum output of the propulsion engine among engine-powered water leisure crafts falling under Article 2 (2) exceeds five horsepower. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(2) The operator's license subject to its issuance shall be classified as follows: <Amended by Presidential Decree No. 25274, Mar. 24, 2014>
1. General operator's license;
(a) 1st degree of operator's license: Employees in the water-related leisure business under Article 39 (1) of the Act and examiners of a examination agency under Article 11 (1) 1 of the Act;
(b) 2nd degree of operator's license: A person who intends to operate an engine-powered water leisure craft (excluding a sailing yacht) which is subject to the operator's license under paragraph (1);
2. Operator's license for a yacht: A person who intends to operate a sailing
yacht.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 3-2 (Grounds for Disqualification from Holding Operator's License)
(1) “A person prescribed by Presidential Decree” under Article 5 (1) 2 of the Act shall mean the one having mental illness such as dementia, schizophrenia, schizotypal affective disorder, bipolar disorder, or alcohol abuse, who is deemed unable to engage in water-related leisure activities normally by a specialized medical doctor in the relevant field.
(2) “A person prescribed by Presidential Decree” under Article 5 (1) 3 of the Act shall mean an addict of drug, psychotropic drug or hemp, who is deemed to be unable to perform water-related leisure activities normally by a specialized medical doctor in the relevant field.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 3-3 (Notification of Personal Information concerning Grounds for Disqualification of Operator's License)
(1) “The head of the agency prescribed by Presidential Decree” under Article 5 (2) of the Act shall mean a person falling under any of the following: <Amended by Presidential Decree No. 23379, Dec. 16, 2011; Presidential Decree No. 28074, May 29, 2017>
1. The Commissioner of the Military Manpower Administration;
2. The Minister of Health and Welfare;
3. The Special Metropolitan Mayor, Metropolitan City Mayors, Do Governors, or the Governor of a Special Self-governing Province (hereinafter referred to as “Mayors/Do Governors”), or the head of a Si/Gun/Gu (referring to the head of autonomous Gu; hereinafter the same shall apply);
4. The Navy Chief of Staff, the Air Force Chief of Staff, each Army Commander of the army, and the armed forces medical commander;
5. The head of a mental medical institution under the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (hereinafter referred to as the “head of a mental medical institution").
(2) The contents of personal information which a person falling under any of the subparagraphs of paragraph (1) shall notify to the Commissioner of the Korea Coast Guard under Article 5 (2) of the Act shall be as set out in attached Table 1. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) A person falling under any of the subparagraphs of paragraph (1) shall notify to the Commissioner of the Korea Coast Guard of the personal information pursuant to paragraph (2) at least once every six months as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 4 (Performing License Examination)
(1) When the Commissioner of the Korea Coast Guard performs an examination for an operator's license under Article 6 of the Act, he/she shall notify the public as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(2) A person who intends to take the examination for operator's license shall submit an application form of the examination to the Commissioner of the Korea Coast Guard as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 5 (Written Examination)
(1) The written examination (hereinafter referred to as the “written examination”) of an operator's license shall be performed by a selective form, and the subject for an examination shall be as set out in attached Table 1-2.
(2) The written examination for general operator's license shall be based on a maximum of 100 points; for 1st degree of operator's license, a successful applicant shall score at least 70, for 2nd degree of operator's license, a successful applicant shall score at least 60.
(3) The written examination of operator's license for a yacht shall be based on a maximum of 100 points, and a successful applicant thereof shall score at least 70.
(4) A person who has passed a written examination is exempted from the written examination which is performed within one year from the date being passed.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 6 (Practical Examination)
(1) The practical examination (hereinafter referred to as the “practical examination”) for operator's license shall be conducted for a person who has passed the written examination or is exempted from the written examination.
(2) The practical examination for general operator's license shall be based on a maximum of 100 points; for 1st degree of operator's license, a successful applicant shall score at least 80, for 2nd degree of operator's license, a successful applicant shall score at least 60.
(3) The practical examination of operator's license for a yacht shall be based on a maximum of 100 points, and a successful applicant thereof shall score at least 60.
(4) The Commissioner of the Korea Coast Guard shall, when conducting the practical examination, have applicants use a water leisure craft for examination purposes appropriate for the size pursuant to attached Table 2. Provided, That where a water leisure craft prepared for the examination separately is appropriate for the size pursuant to attached Table 2, the relevant water leisure craft may be used for the practical examination. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(5) The Commissioner of the Korea Coast Guard shall, when conducting the practical examination, have two examiners embark on one water leisure craft. <Amended by Presidential Decree No. 25274, Mar. 24, 2014; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(6) Scoring standards and driving courses of the practical examination shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 7 (Exemption, etc. of Operator's License)
(1) “Sports organization prescribed by Presidential Decree” in Article 7 (1) 1 of the Act means a sports association defined in subparagraph 11 of Article 2 of the National Sports Promotion Act.
(2) “Academic department relating to power-driven water leisure crafts prescribed by Presidential Decree” in Article 7 (1) 2 of the Act means an academic department in which at least six credits are to be completed for subjects related to power-driven water leisure crafts as compulsory.
(3) “License prescribed by Presidential Decree” in Article 7 (1) 3 of the Act means a license of a navigator, engineer, officer or small vessel operator under the Ship Personnel Act.
(4) Deleted. <by Presidential Decree No. 23379, Dec. 16, 2011>
(5) The Commissioner of the Korea Coast Guard may designate and publicly announce an institution or organization meeting each of the following requirements as an institution or organization conducting education the graduates of which are exempted from all examination subjects for license (limited to class 2 operator licenses and yachting licenses): <Amended by Presidential Decree No. 26986, Feb. 17, 2016; Presidential Decree No. 27321, Jul. 6, 2016; Presidential Decree No. 28217, Jul. 26, 2017>
1. Any one of the following institutions or organizations:
(a) An institution operating water crafts similar to power-driven water leisure crafts in the course of performing its duties, such as the police, the maritime police, the fire-fighting squad, and the armed force;
(b) Any other institution and organization the establishment purpose of which is related to water-related leisure activities;
2. Any institution or organization meeting personnel standards, equipment standards, and facilities standards referred to in attached Table 3, which is capable of implementing the contents of education on such standards.
(6) Deleted. <by Presidential Decree No. 26986, Feb. 17, 2016>
(7) The detailed standards for exemption from examination under Article 7 (2) of the Act shall be as set out in attached Table 4.
(8) The detailed matters necessary for the operation of educational contents and the issuance for operator's license under paragraph (5) 2 shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Presidential Decree No. 25274, Mar. 24, 2014; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 26986, Feb. 17, 2016; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 7-2 (Cancellation of Designation of Educational Institutions Granting Exemption from License Examination, and Other Related Matters)
(1) Where an institution or organization designated and publicly notified (hereinafter referred to as “educational institution granting exemption from license examination”) by the Commissioner of the Korea Coast Guard pursuant to Article 7 (1) 6 of the Act falls under any of the following cases, he/she may cancel its designation or suspend its business for a period of up to six months: Provided, That in cases falling under subparagraph 1, he/she shall cancel its designation: <Amended by Presidential Decree No. 28217, Jul. 26, 2017>
1. Where it is designated by fraud or other improper means;
2. Where it grants qualification for exemption from all license examination subjects to a person who fails to complete education in an educational institution granting exemption from license examination;
3. Where it ceases to meet personnel standards, equipment standards, and facilities standards (hereinafter referred to as “personnel standards, etc.”) referred to in Article 7 (5) 2;
4. Where it fails to comply with details concerning the operation of educational contents referred to in Article 7 (8).
(2) In addition to the matters provided for in paragraph (1), other matters necessary for procedures, etc. for cancelling designation or suspending business of an educational institution granting exemption from license examination shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 27321, Jul. 6, 2016]
 Article 7-3 (Improvement or Complementation Order Issued to Educational Institution Granting Exemption from License Examination)
(1) Notwithstanding Article 7-2 (1) 3 and 4, the Commissioner of the Korea Coast Guard shall, only once, order an educational institution granting exemption from license examination which ceases to meet personnel standards, etc. to take measures for improvement or complementation so as to meet them before the revocation of its designation or suspension of its business. <Amended by Presidential Decree No. 28217, Jul. 26, 2017>
(2) An improvement or complementation order referred to in paragraph (1) shall contain the matters to be improved or complemented by the relevant educational institution granting exemption from license examination, as well as the period of such improvement or complementation.
[This Article Newly Inserted by Presidential Decree No. 27321, Jul. 6, 2016]
 Article 7-4 (Postponement of Renewal of Operator's License, and Other Related Matters)
(1) Where a person required to renew an operator's license pursuant to Article 9 of the Act fails to renew the operator's license within the period of renewal due to any of the following grounds, he/she shall submit to the Commissioner of the Korea Coast Guard a written application for the postponement of the renewal period (prior renewal) of the operator's license, attaching documents to verify the relevant ground, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25274, Mar. 24, 2014; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 27617, Nov. 29, 2016; Presidential Decree No. 28217, Jul. 26, 2017>
1. Where he/she plans to stay or stays abroad, or suffers a disaster or calamity during the period of renewal;
2. Where he/she is unable to move freely due to a disease or injury;
3. Where his/her corporal freedom is restricted pursuant to any statute;
4. Where he/she is in military service (including the service transferred to an obligatory police officer or a member of an obligatory fire-fighting unit pursuant to the Military Service Act);
5. Where it is deemed that when judged from a perspective of social norms, there is an inevitable reason not to be able to renew the operator's license within the period of renewal.
(2) Where a ground for application pursuant to paragraph (1) is deemed well-founded, the Commissioner of the Korea Coast Guard shall have him/her renew it before the period of renewal of an operator's license, or postpone the period of renewal of an operator's license only once. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) A person who has postponed the renewal of an operator's license pursuant to paragraph (2) shall renew his/her operator's license within three months from date the reason for postponement ceases to exist.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 8 (Exemption of Water Leisure Education)
“A person prescribed by Presidential Decree” in the main sentence of Article 10 (1) of the Act shall mean the one falling under
any of the following: <Amended by Presidential Decree No. 23379, Dec. 16, 2011; Presidential Decree No. 25013, Dec. 17, 2013>
1. A person who has completed the education under Article 16 or Article 9 (2) of the Act within two years retrospective to the last date of the period of renewal pursuant to Article 6 of the Act;
2. A person who has completed the education falling under any of the following subparagraphs within the past one year from the time having received the application for license examination pursuant to Article 6 of the Act or the time having renewed the operator's license pursuant to Article 9 of the Act:
(a) Water safety training (hereinafter referred to as the “safety training”) under Article 10 of the Act;
3. A person exempted from subjects of a license examination under Article 7 (1) 6 of the Act.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 9 (Designation Standard, etc. for Entrusted Institution of Safety Education)
(1) The standard for designation, etc. for entrusted institution (hereinafter referred to as the “entrusted institution”) of safety education under Article 10 (2) of the Act shall be as set in attached Table 5.
(2) A safety education instructor who is placed in the entrusted institution of safety education shall complete the training which is conducted at least once per year by the Commissioner of the Korea Coast Guard. In such cases, the education period shall be at least 8 hours. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) The head of the entrusted institution for safety education shall issue the completion certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to a person who has completed the safety education. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(4) Matters necessary for the procedure of designation and contents of safety education for the entrusted institution of safety education in addition to the standard for designation pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 10 (Designation Cancellation, etc. for Entrusted Institution of Safety Education)
(1) Where the entrusted institution for safety education falls under any of the following subparagraphs under Article 10 (3) of the Act, it may cancel its designation, or suspend its duties by determinating the period within the scope of six months. Provided, That in cases falling under paragraph (1), its designation shall be cancelled. <Amended by Presidential Decree No. 25274, Mar. 24, 2014>
1. Where it has been designated falsely or by other unlawful means;
2. Where it has issued a completion certificate falsely or by other unlawful means;
3. Where it has failed to reach the standard for designation pursuant to Article 9 (1);
4. Deleted. <by Presidential Decree No. 25274, Mar. 24, 2014>
(2) The Commissioner of the Korea Coast Guard may, in cases finding the grounds falling under paragraph (1) 3, order the relevant entrusted institution for safety education to improve or supplement by fulfilling the designation standard pursuant to Article 9 (1) within a certain period. In such cases, the order for improvement or supplement shall be issued for one time. <Amended by Presidential Decree No. 25274, Mar. 24, 2014; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) The order for improvement or supplement pursuant to paragraph (2) shall include the deadline and contents of improvement or supplement, the corrective measures where having failed to improve and supplement, etc.
(4) Matters necessary for the cancellation of designation for the entrusted institution of safety education, the standards, procedure, etc. for duties process shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25274, Mar. 24, 2014; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 11 (Designation Standard, etc. for Examination Agency)
(1) A person who intends to be designated as an examination agency (hereinafter referred to as the “examination agency”) under Article 14 (1) of the Act shall prepare requirements of the following: <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
1. Requisite for having a responsible operator and four examiners for each examination site;
2. Requisite for preparing facilities, etc. for practical examination to meet the standard prescribed by Ordinance of the Ministry of Oceans and Fisheries for each examination site.
(2) A responsible operator for each examination site pursuant to paragraph (1) 1 shall have experience having worked for more than five years in the area notified to the public by determining by the Commissioner of the Korea Coast Guard among duties relating to the water leisure activities; an examiner by examination site shall have the operator's license (in cases of examination agency of the general operator's license, referred to as the 1st degree of operator's license; in case of examination agency of operator's license for a yacht, referred to as the operator's license for a yacht), and shall be a person who prepares for a life-saving qualification pursuant to Article 37 (1). <Amended by Presidential Decree No. 23379, Dec. 16, 2011; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) A person who intends to be designated as an examination agency shall file an application for its designation to the Commissioner of the Korea Coast Guard as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 12 (Procedure, etc. for Designation Cancellation of Examination Agency)
(1) With respect to the procedure to cancel the designation of examination agency or discontinue duties under Article 14 (2) of the Act, Article 10 (2) and (3) shall apply mutatis mutandis. In such cases, “the entrusted institution for safety education“ prescribed in Article 10 (2) shall be deemed to be ”the examination agency“ respectively.
(2) When the notification of the designation cancellation and the disposition for suspension of service of the examination agency pursuant to Article 14 (2) of the Act has been received, it shall be a written notice for the cancellation of designation and the suspension of service of the examination agency prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) Such matters as the detailed standards and procedures for the cancellation of designation and the suspension of service of the examination agency provided for in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 13 (Violations, Imposition of Penal Surcharges, and Amount of Penalty Surcharges, etc.)
(1) Kinds of violation on which the penalty surcharge is imposed pursuant to Article 15 (1) of the Act and the amount of the penalty surcharge shall be as set in attached Table 6.
(2) The Commissioner of the Korea Coast Guard may, when imposing the penalty surcharge pursuant to paragraph (1), increase or reduce the amount of the penalty surcharge in the scope of one half in consideration of the number of examination agencies in the relevant area, the degree and frequency of the act of violation, etc. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 14 (Imposition of Penalty Surcharge, Procedure for Payment, etc.)
(1) The Commissioner of the Korea Coast Guard shall, when imposing penalty surcharges pursuant to Article 15 of the Act, give a written notification specifying the types of violation and amounts of the relevant penalty surcharge. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(2) A person who has received the notification pursuant to paragraph (1) shall pay the penalty surcharge to the collecting agency determined by the Commissioner of the Korea Coast Guard within 20 days. Provided, That where he/she fails to pay the penalty surcharge within its period on account of force majeure or other equivalent causes, the payment shall be made within seven days from the date the cause ceases to exist. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) The collecting agency in receipt of a penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer of penalty surcharge, and immediately notify the Commissioner of the Korea Coast Guard of the fact. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(4) The penalty surcharge shall not be paid by dividing such.
(5) Matters regarding the procedures for collection of a penalty surcharge shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
CHAPTER III OBLIGATION OF SAFETY COMPLIANCE
 Article 15 (Operating Regulations)
The operation regulation which a person who performs water leisure activities
complies with shall be as set in attached Table 7.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 16 Deleted. <by Presidential Decree No. 20883, Jun. 25, 2008>
 Article 17 Deleted. <by Presidential Decree No. 27321, Jul. 6, 2016>
 Article 18 (Prohibition of Exceeding Fixed Number of People)
(1) The fixed number of people of water-related leisure craft under Article 24 of the Act shall be the fixed number of people determined by the safety inspection under Article 37 of the Act.
(2) The fixed number of people for a water-related leisure craft who is not subject to the registration under Article 30 of the Act shall be calculated in accordance with the standard for calculation of fixed number notified by the determination of the Commissioner of the Korea Coast Guard in consideration of the number of seats, type, etc. of the relevant water leisure craft. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) When the fixed number is calculated pursuant to paragraphs (1) and (2), the number of people who have taken on board due to the sea rescue or other unavoidable ground shall not be regarded as the fixed number of people.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
CHAPTER IV SAFETY MANAGEMENT
 Article 18-2 (Korea Water-related Leisure Activity Safety Association)
(1) The following matters shall be included in the articles of association of the Korea Water-related Leisure Activity Safety Association (hereinafter referred to as the “Association”) under Article 28-2 (2) of the Act;
1. Objectives;
2. Name;
3. Location of the office (including branch office or place of business)
4. Matters concerning the business or its execution;
5. Matters concerning the qualification of members, entry, withdrawal, and rights and duties;
6. Matters concerning executive members and employees;
7. Matters concerning the general meeting and the board of directors;
8. Matters concerning the organization and the system;
9. Matters concerning the asset and the accounting;
10. Matters concerning the modification of the articles of association;
11. Matters concerning the method of the public notification.
(2) The Association may perform the following duties under Article 28-2 (3) 6 and paragraph (5) of the same Article of the Act:
1. Investigation and research of the technology concerning water-related leisure craft;
2. Research and development of the system concerning water-related leisure safety;
3. Domestic and international cooperation concerning water-related leisure industry;
4. Development and provision of the education program concerning water-related leisure safety;
5. Education, training, and instruction for workers concerning water-related leisure safety;
6. The current status and statistical survey concerning water-related leisure industry.
(3) The Commissioner of the Korea Coast Guard may have the Association submit or report the following materials pursuant to Article 28-2 (5) of the Act: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
1. Matters concerning the business management;
2. Matters concerning the financial management;
3. Matters concerning the management of organization;
4. Other matters deemed by the Commissioner of the Korea Coast Guard to be necessary for the instruction and supervision for the Association.
[This Article Wholly Amended by Presidential Decree No. 23379, Dec. 16, 2011]
 Article 19 (Composition, etc. of Council)
(1) The safety council for water-related leisure activities (hereinafter referred to
as the “Council”) under Article 29 of the Act shall be comprised of not more than 17 members including one chairperson.
(2) The Chairperson of the Council shall be Deputy Mayor or Vice-Governor of the Special Metropolitan City, Metropolitan City, Do or the Special Self-Governing Province; the member therof shall be one of the following: <Amended by Presidential Decree No. 23379, Dec. 16, 2011; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
1. A person who is appointed by the head of the relevant agency among public officials in charge of water-related leisure duties in Si/Do. Provided, That for of the Special Metropolitan City, three persons are appointed;
2. Each person who is appointed by the head of Si/Gun/Gu among public officials in charge of water-related leisure duties in Si/Gun/Gu (referring to the autonomous Gu; hereinafter the same shall apply) designated by Mayor/Do Governor (excluding Governor of Special Self-Governing Province);
3. A representative of water-related leisure organization appointed by Mayor/Do Governor, or an expert in water-related leisure;
4. A police officer in charge of water-related leisure duties who is appointed by the Commander of a Regional Coast Guard in its jurisdiction.
(3) The Council shall have an executive secretary, who shall be appointed by the Chairperson among public officials belonging to Si/Do.
(4) The Council shall deliberate on the following matters:
1. Matters concerning the cooperation among the relevant administrative agencies under Article 28 of the Act;
2. Suggestions of the relevant agency and organization relating to water leisure safety;
3. Matters concerning improvement and supplementation of water leisure safety duties;
4. Other matters concerning water leisure safety duties.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 20 (Management, etc. of Council)
(1) The chairperson of the Council shall convene and chair meetings of the Council.
(2) The Chairperson of the Council shall, when convening its meeting, notify each member of date, time, place and agenda of the meeting seven days prior to the commencement of the meeting.
(3) Matters necessary for the management of the Council other than matters provided for in paragraphs (1) and (2) shall be determined by the Chairperson of the Council through the resolution passed by the Council.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 21 (Working Council)
(1) The working council may be established in addition to the Council in order to examine in advance the deliberation on a matter of the Council and to handle the matter having deliberated by the Council.
(2) Matters necessary for the establishment and management of the workingcouncil shall be determined by the Chairperson of the Council through the resolution passed by the Council.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
CHAPTER V REGISTRATION AND INSPECTION
 Article 22 (Subject to Registration)
An engine-powered water leisure craft subject to registration in accordance with the provisions of Article 30 (3) 2 through 4 of the Act shall be the following: <Amended by Presidential Decree No. 25274, Mar. 24 2014>
1. A motor boat with not more than 20 tons of gross tonnage (meaning the gross tonnage under Article 3 (1) 2 of the Ship Act);
2. A rubber boar with more than 30 horsepower of propulsion engine;
3. A sailing yacht.
[This Article Wholly Amended by Presidential Decree No. 23379, Dec. 16, 2011]
 Article 23 (Procedures, etc. for Application for Registration)
(1) A person who intends to register an engine-powered water-related leisure craft pursuant to Article 30 (1) of the Act shall submit to the head of a Si/Gun/Gu (including Governor of Special Self-Governing Province; hereinafter the same shall apply in this chapter) having jurisdiction over its domicile by attaching the following documents in the written application for registration prescribed by Ordinance of the Ministry of Oceans and Fisheries. Provided, That in cases where the information on attached documents may be verified through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act, the submission of attached documents shall be substituted for its verification. <Amended by Presidential Decree No. 22151, May 4. 2010; Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
1. Transfer certificate or written evidence verifying the ground for registration;
2. Where the agreement or consent for the third party is required for the ground for registration, documents (excluding signing and sealing by the third party on the written application for registration) verifying such;
3. Copy of the safety inspection certificate pursuant to Article 37 of the Act.
(2) The head of a Si/Gun/Gu may request him/her to submit materials necessary to verify that the stated matter and attached documents are trustworthy in addition to attached documents pursuant to each subparagraph of paragraph (1).
(3) The head of a Si/Gun/Gu shall, when he/she has received the application for registration pursuant to paragraph (1), issue the certificate of registration and identification plate of water-related leisure craft prescribed by Ordinance of the Ministry of Oceans and Fisheries to applicants within three days after registering the original register of a water-related leisure craft (hereinafter referred to as the “original register”) prescribed by Ordinance of the Ministry of Oceans and Fisheries by confirming if an applicant is an owner of the relevant water-related leisure craft. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(4) A person who intends to inspect the original register or be issued with a transcript thereof pursuant to paragraph (3) shall apply to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(5) The head of a Si/Gun/Gu shall, upon receipt of a request pursuant to paragraph (4), have applicants inspect the original register or be issued with a transcript thereof. In such cases, in order to prevent the disclosure of personal information, some of the contents thereof may be redacted as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 24 (Change Registration, etc.)
(1) When there exists any of the following changes among the registration matters of a water-related leisure craft pursuant to Article 32 of the Act, its owner or possessor shall apply for the change registration to the head of a Si/Gun/Gu within 30 days from the date when its change has occurred. <Amended by Presidential Decree No. 22827, Apr. 4, 2011; Presidential Decree No. 23379, Dec. 16, 2012; Presidential Decree No. 25274, Mar. 24, 2014>
1. Where the right of ownership has been changed due to buying and selling, donation, etc.;
2. Where the name of owner or the name of a water-related leisure craft has been changed;
3. Where the temporary examination has been passed pursuant to Article 37 (1) 3 of the Act. (2) The head of a Si/Gun/Gu who has received the application for change registration pursuant to paragraph (1) shall file the change of registration, except for cases deemed that the application is false.
(3) A written application form for change registration shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 24-2 (Seizure Registration toward Motor Boat)
The head of a Si/Gun/Gu shall, in cases being requested to file the seizure registration toward a motor boat, file the seizure registration on the original register, and immediately notify an owner of motor boat therof.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 25 (Subscription of Owner of Water Leisure Craft to Insurance Scheme, etc.)
Pursuant to Article 34 of the Act, the owner of a water leisure craft shall subscribe to an insurance scheme or mutual aid (hereinafter referred to as “insurance scheme, etc.”) in accordance with the following standards: <Amended by Presidential Decree No. 27321, Jul. 6, 2016>
1. Subscription period: It shall be required to maintain such subscription during the registration period of such water leisure craft;
2. Subscription amount: At least the amount referred to in Article 3 (1) of the Enforcement Decree of the Compulsory Motor Vehicle Liability Security Act.
[This Article Wholly Amended by Presidential Decree No. 23379, Dec. 16, 2011]
 Article 26 (Condition, Procedure, etc. for Designation of Safety Inspection Agency)
(1) A person who intends to be appointed as an inspection agency pursuant to Article 38 (1) of the Act (hereinafter referred to as “inspection agency”) shall employ at least three safety examiners who meet any of the following qualifications: <Amended by Presidential Decree No. 25013, Dec. 17, 2013; Presidential Decree No. 27321, Jul. 6, 2016>
1. A person who has graduated from the related department of mechanical engineering, or shipbuilding and navigation in at least a junior college referred to in Article 2 of the Higher Education Act, with at least three years’ working experience in business affairs related to ship inspection;
2. A person with at least three years’ working experience in the safety inspection work of a water leisure craft, and duties for certification and formal approval in an outstanding workplace;
3. A person with a qualification required for a ship examining officer or a ship inspector under Article 76 or 77 (1) of the Act of the Ship Safety Act;
4. A person with at least three years’ working experience in maintenance work in a place of business certified as an excellent maintenance workplace pursuant to Article 46 (1) of the Act (referring to the Act which is later amended by Act No. 13754 on July 8, 2016), as a holder of the 1st degree of the general operator's license of a power-driven water leisure craft.
(2) A person who intends to be designated as an inspection agency shall apply for designation to the Commissioner of the Korea Coast Guard or Mayors/Do Governors, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) In addition to matters provided for in paragraphs (1) and (2), detailed matters concerning report subject matters and procedure of an inspection agency, the standards for facilities and equipments prepared by an inspection agency, and the management and supervision over an inspection agency shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 27 (Cancellation, etc. of Designation of Inspection Agencies)
(1) With respect to the cancellation of designation of, and the suspension of duties over, an inspection agency pursuant to Article 38 (2) of the Act, Article 10 (2) and (3) shall apply mutatis mutandis. In such cases, “entrusted organization of safety education” in Article 10 (2) shall be construed as “inspection agency,” respectively.
(2) The disposition to cancel designation of, and suspend duties over, an inspection agency pursuant to Article 38 (2) of the Act shall be made by a written notice of the cancellation of designation of, and suspension of duties over, an inspection agency prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) In addition to matters provided for in paragraphs (1) and (2), matters necessary for the detailed standard and procedure concerning the cancellation of designation of, and suspension of duties over, inspection agencies shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
CHAPTER VI WATER-RELATED LEISURE INDUSTRY
 Article 28 (Subscription to Insurance Scheme, etc. by Water-Related Leisure Business Operators)
Each water-related leisure business operator shall subscribe to an insurance scheme, etc. in accordance with the following standards, pursuant to Article 44 of the Act: <Amended by Presidential Decree No. 27321, Jul. 6, 2016>
1. Subscription period: It shall be purchased continuously during the business period of a water-related leisure business operator;
2. Subscribed subject matter: All the water leisure crafts which are used or intend to use for the business of a water-related leisure business operator;
3. Subscription amount: At least an amount specified in Article 3 (1) of the Enforcement Decree of the Compulsory Motor Vehicle Liability Security Act.
[This Article Wholly Amended by Presidential Decree No. 23379, Dec. 16, 2011]
 Article 28-2 (Provision of Information on Subscription to Insurance Scheme, etc.)
(1) Each water-related leisure business operator shall display, at a noticeable spot in the his/her place of business, the subscription period, subscribed subject matter, and subscription amount of the insurance scheme, etc. to which he/she subscribes pursuant to Article 44-2 of the Act.
(2) In addition to the matters provided for in paragraph (1), other matters necessary for notifying information on whether or not a water-related leisure business operator subscribes to an insurance scheme, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 27321, Jul. 6, 2016]
 Article 29 (Items of Safety Inspection)
Items of the safety inspection performed under Article 45 (1) of the Act shall be as follows:
1. Stability of a water-related leisure craft (excluding the water-related leisure craft subject to the safety inspection pursuant to Article 37 of the Act) pursuant to each subparagraph of Article 2 (1);
2. Whether facilities and equipments installed in a workplace of water-related leisure business pursuant to Article 39 of the Act comply with the standards for registration;
3. Whether a water-related leisure business operator, etc. pursuant to each subparagraph of Article 48 (1) of the Act shall comply with the safety measures;
4. Whether restrictions pursuant to each subparagraph of Article 48 (2) of the Act shall be complied with;
5. Whether the standards for qualifications and assignment of rescue personnels and rafting guides pursuant to Article 48 (30) of the Act are appropriate.
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Articles 30 through 36 Deleted. <by Presidential Decree No. 27321, Jul. 6, 2016>
 Article 37 (Standards, etc. for Qualification of Rescue Personnels and Rafting Guides)
(1) Rescue personnels and rafting guides referred to in Article 48 (1) 5 of the Act shall be those with qualifications classified as follows: <Amended by Presidential Decree No. 27321, Jul. 6, 2016; Presidential Decree No. 28217, Jul. 26, 2017>
1. A rescue personnel: Any of the following persons:
(a) A person who has obtained qualification for a rescue personnel after completing the educational course at an institution or organization related to water-related leisure (hereafter in this Article, referred to as “educational institution”) designated by the Commissioner of the Korea Coast Guard, among institutions or organizations meeting standards referred to in attached Table 10-2;
(b) A certified rescue personnel referred to in Article 30-2 of the Act on the Search and Rescue, etc. in Waters;
2. A rafting guide: A person who has obtained qualification for a rafting guide after completing the educational course at the educational institution.
(2) Matters necessary for the designation and cancellation of the educational institution, the course of education, etc. shall be prescribed and publicly announced by the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 22827, Apr. 4, 2011; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
(3) Rescue personnels shall be assigned in the business area of the relevant water-related leisure business, and rafting guides shall confirm the safety condition in business area and the passengers’ safety by taking at least one person on board in every rafting craft in business: Provided, That, where the head of a Si/Gun/Gu having jurisdiction over waters in service (referring to the Special Self-Governing Province Governor, in cases of the Special Self-Governing Province; referring to the head of the agency having jurisdiction over duties concerning the management of Han River in Seoul Special Metropolitan City, in cases of Han River of Seoul Special Metropolitan City; hereafter in this Chapter and Chapter VIII, the same shall apply) deems that there is no obstacle to the prevention of danger, in consideration of the water depth, flow velocity, operation distance, the stream strength, the stability, etc. of the relevant business place and business area, he/she may permit a rafting guide of a rafting craft in which the fixed number of people on board does not exceed four to confirm the safety condition in business area and the passengers’ safety condition on board another such rafting craft. <Amended by Presidential Decree No. 26986, Feb. 17, 2016>
(4) Where operating a rafting craft pursuant to the proviso to paragraph (3), the number of rafting crafts in which a rafting guide may operate closely shall be determined within the scope of two to five crafts by the head of a Si/Gun/Gu having jurisdiction over waters in service. <Amended by Presidential Decree No. 25274, Mar. 24, 2014; Presidential Decree No. 26986, Feb. 17, 2016>
[This Article Wholly Amended by Presidential Decree No. 21401, Mar. 31, 2009]
 Article 38 (Scope of Dangerous Substance)
“Dangerous explosive, inflammables, etc. substance prescribed by Presidential Decree” under Article 48 (2) 6 of the Act shall mean the dangerous substance under Article 41 (3) of the Ship Safety Act. <Amended by Presidential Decree No. 20300, Sep. 28, 2007; Presidential Decree No. 20883, Jun. 25, 2008>
 Article 38-2 (Water Leisure Crafts Subject to Restriction on Business)
“Water leisure crafts prescribed by Presidential Decree, such as water leisure crafts the bodies of the users of which directly contact water surface” in the proviso of Article 49 (1) of the Act, means water leisure crafts, such as surfboard, waterskies, and parasails, the users of which contact water surface in the course of performing water-related leisure activities.
[This Article Newly Inserted by Presidential Decree No. 27321, Jul. 6, 2016]
CHAPTER VII SUPPLEMENTARY RULES
 Article 39 (Delegation of Authority)
The Commissioner of the Korea Coast Guard shall delegate the authority as classified in the following subparagraphs to the Commander of a Regional Coast Guard or the chief of a coast guard station pursuant to Article 54 of the Act: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
1. The Commander of a Regional Coast Guard: Guidance and supervision necessary for the implementation of a safety management plan under Article 29-2 (2) of the Act;
2. The chief of a coast guard station: The following authorities:
(a) Issuance of license pursuant to Article 11 of the Act;
(b) Disposition of cancellation and suspension of operator's license pursuant to Article 13 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 23379, Dec. 16, 2011]
 Article 39-2 (Disposition of Sensitive Information and Personally Identifiable Information)
If essential to conduct the following affairs, the Commissioner of the Korea Coast Guard (including an agency or organization to vicariously exercise the authority of the Commissioner of the Korea Coast Guard under Article 14 (1) of the Act), the chief of a coast guard station, a Mayor/Do Governor, or the head of a Si/Gun/Gu may process the information concerning the health under Article 23 of the Personal Information Protection Act and date including the resident registration number or the alien registration number under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 27321, Jul. 6, 2016; Presidential Decree No. 28217, Jul. 26, 2017>
1. Affairs concerning the verification of grounds for disqualification under Article 5 (1) of the Act;
2. Affairs concerning the receipt of application form for license examination under Article 6 (3) of the Act and Article 4 (2) of this Decree;
3. Affairs concerning the registration of a power-driven water leisure craft under Article 30 (1) of the Act;
4. Affairs concerning the inspection of the original register and issuance of its copy under Article 31 (2) of the Act;
5. Affairs concerning the designation of an inspection agency under Article 38 (1) of the Act;
6. Affairs concerning the registration and the change registration of the water-related leisure business under Article 39 (1) and (2) of the Act;
7. Affairs concerning the report of the education business related to water leisure under Article 39-2 (1) of the Act;
7-2. Affairs concerning the renewal of registration of water-related leisure business under Article 39-3 of the Act;
8. Affairs concerning the verification of disqualification of the registration of water-related leisure business under Article 40 of the Act;
9. Affairs concerning the certification of excellent workplace of water leisure craft under Article 46 (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 25559, Aug. 20, 2014]
CHAPTER VIII PENALTY PROVISIONS
 Article 40 (Standards for Imposing Administrative Fines)
The standards for imposing administrative fines under Article 59 (1) and (2) of the Act shall be as set in attached Table 11.
[This Article Wholly Amended by Presidential Decree No. 22827, Apr. 4, 2011]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on Apr. 1, 2006.
(2) (Applicability to Exemption of Water-related Safety Education) The exemption of water-related leisure education pursuant to the amended provisions of Article 8 shall apply to a person who obtains the operator licence for the first time after this Decree enters into force.
(3) (Applicability to Calculation standard for Fixed Number of People of Water-related Leisure Craft) The fixed number of people and its calculation standard for water-related leisure craft pursuant to the provisions of Article 18 (1) and (2) toward the water-related leisure craft shall apply to from a person having received inspection pursuant to Article 3 of Addenda of the Act.
(4) Omitted.
ADDENDA <Presidential Decree No. 19719, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on Oct. 29, 2006.
Article 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 19977, Mar. 27, 2007>
(1) (Enforcement Date) This Decree shall enter into force on Mar. 28, 2007.
(2) (Applicability to Certification of Excellent Maintenance Workplace) The amended provisions of attached Table 9 shall apply to a person who obtains the certification of excellent maintenance workplace pursuant to Article 46 of the Act for the first time after this Decree enters into force.
(3) (Transitional Measures concerning Fines for Negligence) With respect to the imposition and collection of fines for negligence toward the act before this Decree enters into force, the previous provisions shall apply notwithstanding the amended provisions of attached Table 11.
ADDENDA <Presidential Decree No. 20300, Sep. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on Nov. 4, 2007.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20544, Jan. 11, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on Jan. 20, 2008. <Proviso Omitted>
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20699, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Provided, That the portion amended by Presidential Decree whose enforcement date has not yet arrived notwithstanding the promulgation before the enforcement of this Decree among Presidential Decrees amended pursuant to Article 6 of Addenda shall enter into force from the date of enforcement of the relevant Presidential Decree.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 2008.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 20883, Jun. 25, 2008>
This Decree shall enter into force on Jul. 1, 2008. Provided, That the amended provisions of Article 37 (1) and attached Table 10-2 shall enter into force on Jan. 1, 2009.
ADDENDUM <Presidential Decree No. 21401, Mar. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Article 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22827, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Inspection of Water-related Leisure
Craft Having Obtained Ship Inspection under the Ship Safety Act)
In cases where the water-related leisure craft subject to the registration pursuant to the amended provisions of Article 22 has obtained the ship inspection pursuant to Article 14 of the Ship Safety Act before this Decree enters into force, such shall be deemed to have obtained a new inspection under Article 37 (1) 1 of the Water-Related Leisure Activities Safety Act.
Article 3 (Transitional Measures concerning Fines for Negligence)
(1) When the standard for imposition of fines for negligence toward the act of violation before this Decree enters into force is applied, the previous provisions shall apply notwithstanding the amended provisions of the attached Table 11.
(2) the imposition disposition of fines for negligence toward the act of violation before this Decree enters into force shall not be included in the calculation of frequency of the act of violation pursuant to the amended provisions of the attached Table 11.
ADDENDA <Presidential Decree No. 23379, Dec. 16, 2011>
Article 1 (Enforcement Date)
The decree shall enter into force on Dec. 16, 2011. Provided, That the amended provisions of Article 11 (2) shall enter into force from the date when two years have passed after its promulgation, and the amended provisions of Article 18-2 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Exemption of Safety Education)
The amended provisions of subparagraph 2 (b) of Article 8 shall apply to from a person who has completed the safety examination pursuant to the relevant provisions for the first time after this Decree enters into force.
Article 3 (Applicability to Change Registration)
The amended provisions other than each subparagraph of Article 24 (1) shall apply to from what the reason of each subparagraph of the same paragraph has occurred for the first time after this Decree enters into force.
Article 4 (Transitional Measures, etc. concerning Responsible Operator by Examination Site)
(1) A responsible operator who has been assigned to the examination agency pursuant to the previous provisions at the time of enforcement of this Decree shall be deemed to the responsible operator pursuant to the amended provisions of Article 11 (2).
(2) The amended provisions of Article 11 (2) shall apply to from what has been applied for the designation of examination agency for the first time after this Decree enters into force.
Article 5 (Transitional Measures concerning Fines for Negligence)
When the imposition standard for fines for negligence is applied to the act of violation before this Decree enters into force, the previous provisions shall apply notwithstanding the amended provisions of attached Table 11.
ADDENDA <Presidential Decree No. 24457, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25013, Dec. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Exemption of Water-related Safety Education)
The amended provisions of subparagraph 3 of Article 8 shall apply to a person who has received or is receiving the education performed by the agency or organization pursuant to Article 7 (5) in order to receive exemption from subjects of license examination under Article 7 (1) 6 of the Act at the time of the enforcement of this Decree.
ADDENDA <Presidential Decree No. 25274, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Designation Cancellation, etc. of Entrusted Agency of Safety Education)
The amended provisions of Article 10 (1) shall apply to the case in which the administrative measures are taken after the enforcement of this Decree with respect to the entrusted agency for safety education previously falling under any of each subparagraph of Article 10 (1) before the enforcement of this Decree.
Article 3 (Applicability to Designation Standard for Entrusted Agency of Safety Education)
The amended provisions of subparagraph 4 of attached Table 5 shall apply to from the agency or organization applying for the designation of entrusted agency for safety examination after the enforcement of this Decree.
Article 4 (Transitional Measures concerning Human Standard for Agency and Organization performing Education Exempted from License Examination)
(1) With respect to the agency and organization performing the education which exempts from the license examination by preparing with the human standard pursuant to previously subparagraph 3 (a) of attached Table 3 at the time of the enforcement of this Decree, a responsible operator shall be placed within one year after the enforcement of this Decree.
(2) With respect to the agency and organization performing the education which exempts from the license examination by preparing with the human standard pursuant to previously subparagraph 1 (a) 1) c) of attached Table 3 at the time of the enforcement of this Decree, the previous provisions shall apply notwithstanding the amended provisions of subparagraph 1 (a) 1) c) of the same attached Table.
ADDENDUM <Presidential Decree No. 25559, Aug. 20, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25753, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Provided, That the portion amended by Presidential Decree whose enforcement date has not yet arrived notwithstanding the promulgation before the enforcement of this Decree among Presidential Decrees amended pursuant to Article 7 of Addenda shall enter into force from the date of enforcement of the relevant Presidential Decree.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 26295, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26659, Nov. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 26986, Feb. 17, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7 and attached Table 3 (limited to the part of its title) shall enter into force on July 8, 2016.
ADDENDA <Presidential Decree No. 27321, Jul. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2016: Provided, That the amended provisions of Article 37 (1) 1 (b) shall enter into force on July 25, 2016.
Article 2 (Transitional Measures concerning Provision of Information on Subscription to Insurance Scheme, etc.)
Notwithstanding the amended provisions of Article 28-2, a water-related leisure business operator registered under Article 39 (1) of the Act before this Decree enters into force may omit to publish matters concerning the subscription period, subscribed subject matter, subscription amount, etc. of an insurance scheme, etc., until one month from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 27617, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28217, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.