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ACT ON PREVENTION OF ACCIDENTS AT COASTAL SEA

Act No. 12657, May 21, 2014

Amended by Act No. 12844, Nov. 19, 2014

Act No. 14807, Apr. 18, 2017

Act No. 14839, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to protect the safety, health, and property of the people and to promote the safety of the general public by prescribing matters necessary to prevent accidents on coastal sea areas.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. The term “coastal sea area” means an area referred to in subparagraph 2 of Article 2 of the Coast Management Act (including uninhabited islands defined in subparagraph 1 of Article 2 of the Act on the Conservation and Management of Uninhabited Islands);
2. The term “accident at coastal sea” means the following accidents that occur in coastal sea areas, causing danger and injury to people: Provided, That marine accidents defined in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents, shall be excluded herefrom:
(a)  An accident caused by falling into the sea from mud flats, rocks on the seashore, bulwarks, land-connecting bridges, docks, uninhabited islands, etc., or by crash, isolation, etc.;
(b) An accident that occurs during coastal sea experience activities;
3. The term “coastal sea experience activity” means an experiential activity conducted in coast sea areas, prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 3 (Responsibilities of the State, etc.)
(1) The State and local governments shall formulate and implement policies necessary to protect the life, health, and property of the people, from accidents at coastal sea.
(2) The State and local governments shall endeavor to establish a safety system as well as the necessary foundations for effectively preventing accidents at coastal sea.
 Article 4 (Relationship to Other Acts)
This Act shall apply to preventing accidents at coastal sea, except as expressly provided for in other Acts.
CHAPTER II BASIC PLANS FOR PREVENTION OF ACCIDENTS AT COASTAL SEA, ETC.
 Article 5 (Formulation of Basic Plans for Prevention of Accidents at Coastal Sea, etc.)
(1) The Commissioner of the Korea Coast Guard shall formulate and implement basic plans for preventing accidents at coastal sea (hereinafter referred to as “basic plan”) every five years, in order to prevent accidents at coastal sea. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Where the Commissioner of the Korea Coast Guard intends to formulate basic plans, he/she shall hear opinions of the Administrator of the National Fire Agency, Metropolitan City Mayors, Do Governors and Special Self-Governing Province Governors, and the superintendents of education of the Special Metropolitan City, Metropolitan Cities, Metropolitan Autonomous Cities, Dos, and Special Self-Governing Provinces (hereinafter referred to as “superintendents of education of City/Do”). The same shall also apply to amending important matters prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Where it is necessary for formulating or amending a basic plan, the Commissioner of the Korea Coast Guard may request the heads of the relevant administrative agencies to submit related materials. In such cases, upon receipt of such request, the heads of the relevant administrative agencies shall comply therewith, except in extenuating circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 6 (Details of Basic Plans)
A basic plan shall include the following:
1. Basic direction-setting for policies related to preventing accidents at coastal sea;
2. Matters related to establishing a safety system necessary to prevent accidents at coastal sea;
3. Matters related to policies for preventing accidents at coastal sea in consideration of the characteristics of coastal sea areas;
4. Matters related to nurturing and managing professional workforce to prevent accidents at coastal sea;
5. Matters related to policies for securing resources necessary to prevent accidents at coastal sea;
6. Other matters necessary to prevent accidents at coastal sea.
 Article 7 (Formulation and Execution of Implementation Plans)
(1) The Commissioner of the Korea Coast Guard shall formulate and execute an implementation plan to prevent accidents at coastal sea (hereafter in this Article referred to as “implementation plan”) every year in accordance with a basic plan. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Matters necessary to formulate and execute an implementation plan shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 8 (Councils for Prevention of Accidents at Coastal Sea)
(1) In order to consult on matters necessary to prevent accidents at coastal sea, a central council for the prevention of accidents at coastal sea shall be established under the control of the Commissioner of the Korea Coast Guard, and a local council for the prevention of accidents at coastal sea shall be established under the control of the Commander of the competent Regional Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Matters necessary for the composition, functions, operation, etc., of a council for prevention of accidents at coastal sea, shall be prescribed by Presidential Decree.
CHAPTER III SAFETY MANAGEMENT REGULATIONS FOR ACCIDENTS AT COASTAL SEA, ETC.
 Article 9 (Formulation and Implementation of Safety Management Regulations for Accidents at Coastal Sea)
(1) In order to prevent accidents at coastal sea, the Commissioner of the Korea Coast Guard shall formulate and implement safety management regulations for accidents at coastal sea (hereafter in this Article referred to as “safety management regulations”) after hearing opinions of the Administrator of the National Fire Agency, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), and the superintendents of education of City/Do. The same shall also apply to amending the safety management regulations. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The safety management regulations shall include the following: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Matters related to coastal sea areas where accidents causing the loss of human lives occur frequently;
2. Matters related to the measures for preventing accidents causing the loss of human lives;
3. Matters related to the designation of danger zones for accidents causing the loss of human lives and danger alerts;
4. Matters related to the installation of safety management facilities, such as warning signs;
5. Matters related to the frequency of safety inspections in coastal sea areas and emergency measures based on the results of safety inspections;
6. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The Special Self-Governing Province Governor and the head of a Si/Gun/Gu shall comply with the safety management regulations.
 Article 10 (Access Control, etc.)
(1) For the purposes of preventing accidents at coastal sea, the Commissioner of the Korea Coast Guard may control access to any of the following places, where accidents causing the loss of human lives frequently occur, or are highly likely to occur, after hearing opinions of the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, the chief of a fire station, and the head of an agency in charge of port-related affairs under the control of the Ministry of Oceans and Fisheries: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14807, Apr. 18, 2017; Act No. 14839, Jul. 26, 2017>
1. Coastlines or bulwarks with frequent surging waves;
2. Mudflat areas with fast-flowing water and deep tidal channels;
3. Islands or rocks on the seashore where accidents occur frequently and rescue operations are challenging;
4. Areas where accidents involving falling off a precipice into the sea are likely to occur;
5. Other areas of coastal sea where accidents occur frequently.
(2) Where the Commissioner of the Korea Coast Guard intends to control access under paragraph (1), he/she shall publicly announce matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, including the ground for and period of the relevant access control, and actively inform the same through information and communications media. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Where a ground for access control prescribed in paragraph (1) ceases to exist or where it is recognized that access control ceases to be necessary, the Commissioner of the Korea Coast Guard shall cancel the access control immediately and publicly announce the same, etc., pursuant to paragraph (2). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Matters necessary for the procedures, methods, etc., of a public announcement of access control shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 11 (Safety Rules and Safety Education for Coastal Sea Experience Activities)
(1) In order to prevent accidents that may occur during coastal sea experience activities, the Commissioner of the Korea Coast Guard shall prescribe safety rules for coastal sea experience activities (hereinafter referred to as “safety rules”) which shall include each of the following: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Qualifications and standards for placement of safety management staff;
2. Types and standards for placement of safety equipment;
3. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Any person who intends to operate a coastal sea experience program (hereinafter referred to as “operator of coastal sea experience activities”) by inviting persons who wish to participate in coastal sea experience activities (hereinafter referred to as “participant in coastal sea experience activities”) shall comply with safety rules.
(3) The Commissioner of the Korea Coast Guard shall conduct safety education necessary for operators of coastal sea experience activities and safety management staff referred to in paragraph (1) 1, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Matters necessary for the qualifications and standards for placement of safety management staff, the types and standards for placement of safety equipment, etc., under paragraph (1), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 11-2 (Safety Education Fees)
A person who intends to receive safety education under Article 11 (3) shall pay fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 14807, Apr. 18, 2017]
 Article 12 (Report on Coastal Sea Experience Activities)
(1) An operator of coastal sea experience activities shall prepare a plan for safety management of coastal sea experience activities (hereinafter referred to as “plan”) and report it to the Chief of a Coast Guard Station in accordance with the procedures and methods prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That this shall not apply in the following cases: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14807, Apr. 18, 2017; Act No. 14839, Jul. 26, 2017>
1. Where a corporation or organization subject to the guidance or supervision under other Acts, operates coastal sea experience activities;
2. Where a religious group operates coastal sea experience activities (excluding high-risk coastal sea experience activities prescribed by Ordinance of the Ministry of Oceans and Fisheries);
3. Where the number of participants in coastal sea experience activities is smaller than the number of participants prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) A plan shall include the following: <Amended by Act No. 14807, Apr. 18, 2017>
1. Period, location, and type of coastal sea experience activities;
2. Matters related to compliance with safety rules prescribed in Article 11 (1);
3. That insurance or mutual aid (hereinafter referred to as “insurance, etc.”) is subscribed to pursuant to Article 13;
4. Matters related to a plan for responding to accidents which may occur during coastal sea experience activities, including imposition of obligation on an operator of coastal sea experience activities to report to related agencies, etc.
(3) No operator of coastal sea experience activities shall recruit participants in coastal sea experience activities before a plan he/she has reported is accepted.
(4) Where the Chief of a Coast Guard Station accepts the report on a plan, he/she shall notify it to the Special Self-Governing Province Governor and the head of a Si/Gun/Gu. <Amended by Act No. 14807, Apr. 18, 2017; Act No. 14839, Jul. 26, 2017>
 Article 13 (Subscription to Insurance, etc.)
(1) Any operator of coastal sea experience activities shall purchase insurance, etc. to indemnify participants in coastal sea experience activities and safety management staff for any harm to their lives and bodies. <Amended by Act No. 14807, Apr. 18, 2017>
(2)  The types of coastal sea experience activities which require the purchase of insurance, etc. under paragraph (1), amount of an insurance, etc., and other matters shall be prescribed by Presidential Decree. <Amended by Act No. 14807, Apr. 18, 2017>
 Article 14 (Restriction on Coastal Sea Experience Activities, etc.)
(1) In any of the following cases, where it is recognized that conducting coastal sea experience activities is impracticable or likely to compromise the safety of participants in coastal sea experience activities, the Chief of the competent Coast Guard Station may prohibit or restrict all or part of the coastal sea experience activities: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14807, Apr. 18, 2017; Act No. 14839, Jul. 26, 2017>
1. When a forecast, warning, etc., of a natural disaster is made or issued;
2. When oil pollution, red tides, floating debris, or harmful organisms are created or exists;
3. When there are many marine obstacles, such as a fishing net;
4. Other cases prescribed by Presidential Decree for the prevention of accidents at coastal sea.
(2) Where a ground for prohibiting or restrict coastal sea experience activities ceases to exist or becomes irrelevant, the Chief of the competent Coast Guard Station may cancel all or part of the prohibition of, or restriction on, coastal sea experience activities, upon consultation with the Special Self-Governing Province Governor and the head of a Si/Gun/Gu. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14807, Apr. 18, 2017; Act No. 14839, Jul. 26, 2017>
(3) Where the Chief of the competent Coast Guard Station prohibits or restricts coastal sea experience activities or cancels the prohibition of, or restriction on, coastal sea experience activities pursuant to paragraphs (1) and (2), he/she shall make a public announcement thereof without delay via information and communications media, etc. to the Special Self-Governing Province Governor and the head of a Si/Gun/Gu. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14807, Apr. 18, 2017; Act No. 14839, Jul. 26, 2017>
 Article 15 (Safety Inspections on Coastal Sea Experience Activities)
(1) In order to prevent accidents at coastal sea, the Chief of the competent Coast Guard Station may have police officers under his/her jurisdiction access places of coastal sea experience activities, to conduct a safety inspection on each of the following: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Compliance with safety rules prescribed in Article 11 (1);
2. Conditions effecting coastal sea experience activities;
3. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where it is found that safety rules have been violated or there are serious problems in securing safety as a result of a safety inspection referred to in paragraph (1), the Chief of the competent Coast Guard Station may take necessary measures, including issuing a corrective order, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, or request the head of the relevant administrative agency to take such actions as business suspension in accordance with the related Acts. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Any police officer who conducts a safety inspection under paragraph (1) shall carry identification indicating his/her authority and present it to the relevant persons.
(4)  The Chief of the competent Coast Guard Station shall avoid causing inconvenience to coastal sea experience activities due to the duplication of safety inspections referred to in paragraph (1). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 16 (Formation and Operation of 112 Coast Guard)
(1) The Commissioner of the Korea Coast Guard may organize and operate a 112 Coast Guard in order to conduct such duties as patrol, guidance to prevent accidents at coastal sea. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2)  Matters necessary for the qualifications, service, etc., of 112 Coast Guard Staff shall be prescribed by Presidential Decree.
 Article 17 (Commissioning of Private Staff Member of Coast Guard)
(1) The Commissioner of the Korea Coast Guard may commission a local resident, who is well aware of the characteristics of a coastal sea area, as a private staff member of the Coast Guard, and have him/her assist the patrol and guidance for preventing accidents at coastal sea. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Any private staff member of the Coast Guard who conducts his/her duty shall carry identification indicating his/her authority and present it to the relevant persons.
(3)  Matters necessary for the private staff members of the Coast Guard, including the methods for commissioning, the scope of activities, and the payment of allowances, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 18 (Safety Management in Uninhabited Islands)
(1) The Special Self-Governing Province Governor and the head of a Si/Gun/Gu shall develop a safety management system necessary to prevent accidents causing the loss of human lives, that may occur in uninhabited islands prescribed by Ordinance of the Ministry of Oceans and Fisheries from among the uninhabited islands referred to in subparagraph 1 of Article 2 of the Act on the Conservation and Management of Uninhabited Islands. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The Chief of the competent Coast Guard Station may operate an emergency reporting network for effectively responding to accidents causing the loss of human lives that may occur in an inhabited island prescribed in paragraph (1), in consultation with the Special Self-Governing Province Governor and the head of a Si/Gun/Gu. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
CHAPTER IV SAFETY CULTURE POLICIES, ETC.
 Article 19 (Formulation, etc., of Safety Culture Policies)
(1) For the purposes of preventing accidents at coastal sea, the Commissioner of the Korea Coast Guard shall formulate and implement policies necessary to raise the safety awareness of the public and to establish a safety culture. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The Commissioner of the Korea Coast Guard may establish and operate safety experience facilities through which the public can learn the importance of preventing accidents at coastal sea and practice the safety culture. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 20 (Safety at Coastal Sea Day and Safety Inspection Week)
(1) The safety at coastal sea day and safety inspection week shall be designated every year to encourage public participation in activities for preventing accidents at coastal sea and promoting the safety awareness of the public.
(2) Matters necessary for the safety at coastal sea day, safety inspection week, and events thereof shall be prescribed by Presidential Decree.
 Article 21 (Research on Prevention of Accidents at Coastal Sea and Mitigation of Damage)
(1) The Commissioner of the Korea Coast Guard may conduct surveys and research on preventing accidents at coastal sea and reducing harm. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Where it is necessary to conduct surveys or research on the prevention of accidents at coastal sea and the mitigation of harm prescribed in paragraph (1), the Commissioner of the Korea Coast Guard may request the Special Self-Governing Province Governor and the head of a Si/Gun/Gu to submit relevant information. In such cases, the Special Self-Governing Province Governor and the head of a Si/Gun/Gu shall comply with such request, except in extenuating circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 22 (Delegation and Entrustment)
(1) The Commissioner of the Korea Coast Guard may delegate part of his/her authority bestowed under this Act to the heads of institutions under his/her jurisdiction, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The Commissioner of the Korea Coast Guard may entrust part of his/her authority bestowed under this Act to specialized agencies or organizations related to the seas, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 22-2 (Legal Fiction as Public Official in Application of Penalty Provisions)
An executive officer or employee of an agency or organization in charge of business affairs entrusted by the Commissioner of the Korea Coast Guard under Article 22 (2) shall be deemed as a public official in application of penalty provisions under Articles 129 through 132 of the Criminal Act. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 14807, Apr. 18, 2017]
CHAPTER V PENALTY PROVISIONS
 Article 23 (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 fails to comply with any of the safety rules, in violation of Article 11 (2);
2. An operator of coastal sea experience activities who conducts coastal sea experience activities without reporting a plan referred to in Article 12 (1) or reporting it falsely or improperly;
3. A person who fails to comply with any measure, such as the prohibition of coastal sea experience activities referred to in Article 14 (1),
 Article 24 (Joint Penalty Provisions)
Where a representative of a corporation, or an agent, employee or other servant of a corporation or individual, commits an offence under Article 23 in connection with the duties of the corporation or individual, not only shall the offender be punished but also the corporation or individual shall be punished by a fine under each relevant Article: Provided, That the same shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
 Article 25 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 14807, Apr. 18, 2017>
1. A person who fails to receive safety education prescribed in Article 11 (3);
2. A person who fails to report a plan referred to in Article 12 (1) or who reports it falsely or improperly;
3. A person who invites participants, in violation of Article 12 (3);
4. A person who fails to purchase insurance, etc., in violation of Article 13;
5. A person who fails to comply with any measure, such as a corrective order, referred to in Article 15 (2).
(2) A person who accesses an area subject to access control prescribed in Article 10 (1) shall be subject to an administrative fine not exceeding one million won.
(3)  The administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Commissioner of the Korea Coast Guard, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
ADDENDUM
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Administrative Fines)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 6 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but date on which it enters into force has yet to arrive, shall enter into force on the date such Act enters into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14807, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Safety Education Fees)
The amended provisions of Article 11-2 shall apply beginning with the first person who applies for safety education after this Act enters into force.
Article 3 (Transitional Measures concerning Report on Coastal Sea Experience Activities)
Where a plan for safety management of coastal sea experience activities was reported to the Special Self-Governing Province Governor and the head of a Si/Gun/Gu pursuant to the previous provisions before this Act enters into force, such plan shall be deemed a plan reported pursuant to the amended provisions of Article 12 (1).
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, among the Acts amended by Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 5 Omitted.