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SHIP SAFETY ACT

Wholly Amended by Act No. 8221, Jan. 3, 2007

Amended by Act No. 8381, Apr. 11, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9446, Feb. 6, 2009

Act No. 9871, Dec. 29, 2009

Act No. 10271, Apr. 15, 2010

Act No. 11690, Mar. 23, 2013

Act No. 11808, May 22, 2013

Act No. 12999, Jan. 6, 2015

Act No. 13002, Jan. 6, 2015

Act No. 15002, Oct. 31, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to protect the lives and properties of the nation by prescribing the matters necessary for maintenance of seaworthiness and safe navigation of ships.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9871, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
1. The term "ship" means a vessel that is used or can be used for navigation on the water or under water (including a vessel with an outboard engine) and floating maritime structures prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as movable oil prospecting ships and floatels;
2. The term "ship’s facilities" means facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries as those installed or to be installed on ships, such as a hull, an engine, a mast, and drainage facilities;
3. The term "ship’s articles" means things prescribed and publicly notified by the Minister of Oceans and Fisheries as those installed and equipped in the ship’s facilities;
4. The term "engine" means a mechanism comprising a ship’s facilities, such as motor, power transmission device, boiler, pressure vessel, and auxiliary engine, and their control devices;
5. The term "outboard engine" means a mechanism easily detachable by a brief operation from the hull of a ship, as propulsion machinery attachable to the exterior of a ship’s hull;
6. The term "seaworthiness" means performance that enables safe navigation in certain weather or navigation conditions as the ability to be prepared the ship to secure her own stability;
7. The term "full load draft line" means the line that indicates the maximum passengers on board or cargo on board that allows safe navigation as the draft line of maximum load for the safe navigation of the ship;
8. The term "restitution" means the nature of the ship returning to its original state of balance when it is heeled by external force, such as waves and wind, while floating on the water in a state of balance;
9. The term "passengers" means persons on board a ship, except the following persons:
(a) Crew;
(b) An infant under one year of age;
(c) A person prescribed by Ordinance of the Ministry of Oceans and Fisheries, who is temporarily on board, such as a customs officer;
10. The term "passenger ship" means a ship which can transport at least 13 passengers;
11. The term "small ship" means a ship, the length of which is under 12 meters measured by method of measurement under Article 27 (1) 2;
12. The term "barge" means a ship which is not equipped with propulsion machinery, such as a motor and power transmission device, or a mast, and sails by being pulled or pushed by another ship;
13. The term "tugboat" means a ship moving another ship by pulling or pushing;
14. The term "container" means an implement, the bottom of which is rectangular, which is used repeatedly for transportation of cargo by ship, can be loaded and unloaded by using machinery; can be loaded by stacking; and is equipped with outfits fixing it to a ship or another container;
15. The term "bulk cargo ship" means a ship which loads and transports dry cargo in bulk, such as grain and mineral;
16. The term "loading and unloading apparatus" means mechanical apparatus used for loading and unloading cargo (including fuel, food, engine, ship’s stores, and materials for working which are used for the relevant ship), which is permanently attached to the structure, etc. of the hull;
17. The term "loading and unloading outfits" means articles used as attached to the loading and unloading apparatus or to the fittings of loading and unloading apparatus;
18. The term "bareboat charters hire purchase" means bareboat charters with hire-purchase agreement by which the ships shall acquire the nationality of the Republic of Korea after expiry of the charter period and after full payment of chartering costs.
 Article 3 (Scope of Application)
(1) This Act shall apply to each ship owned by a national of the Republic of Korea or by the Government of the Republic of Korea: Provided, That this Act shall not apply to any of the following ships: <Amended by Act No. 10271, Apr. 15, 2010; Act No. 15002, Oct. 31, 2017>
1. Warships and coast guard ships;
2. Ships operated solely by human power using oar, boat pole, pedal, etc.;
2-2. Ships defined in subparagraph 1 of Article 2 of the Fishing Vessels Act;
3. Ships prescribed by Presidential Decree, other than those referred to in subparagraphs 1, 2, and 2-2.
(2) The whole or part of this Act shall apply to the following foreign ships, as prescribed by Presidential Decree: Provided, That Article 68 shall apply to all the foreign ships: <Amended by Act No. 8381, Apr. 11, 2007; Act No. 9871, Dec. 29, 2009; Act No. 15002, Oct. 31, 2017>
1. A ship used for regular coast-wise passenger transport services or non-regular coast-wise passenger transport services provided for in subparagraphs 1 and 2 of Article 3 of the Marine Transportation Act;
2. A ship used for coast-wise cargo transport services provided for in subparagraph 1 of Article 23 of the Marine Transportation Act;
3. A bareboat charter hire purchase.
(3) Notwithstanding paragraphs (1) and (2), the whole or part of this Act shall not apply to or may be applied with relaxation to the following ships, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. The relevant ship the agreement of which is made by and between the Government of the Republic of Korea and the government of a foreign country concerning the scope of application of this Act;
2. The relevant ship where emergencies prescribed by Ordinance of the Ministry of Oceans and Fisheries occur, such as rescue of victims;
3. The relevant ship where the ship built for the purposes of developing a ship with new characteristics or in new form is intended for temporary use in navigation;
4. A ship which navigates internationally only once exceptionally for sale of the ship to a foreign country.
 Article 4 (Application of Standard of Ship's Facilities)
Where the ship's facilities or the ship's articles installed in a ship are recognized equivalent to the standard of those to be installed or higher than those in performance, it shall be deemed that the ship's facilities or the ship's articles have been installed pursuant to the standard of this Act.
 Article 5 (Relations with International Conventions)
When there is a difference between the safety standard of an international convention that has entered into force internationally and the contents of the provisions of this Act in connection with the seaworthiness of a ship on an international voyage and the safety of human lives, the effect of the relevant international convention shall take precedence over the provisions of this Act: Provided, That when the contents of the provisions of this Act include more higher standards than the safety standard of the international convention, the provisions of this Act shall take precedence.
 Article 6 (Participation, etc. in Survey of Ship)
(1) A person who intends to undergo a survey and obtain certification and confirmation of a ship under this Act, or his/her representative shall attend in the work site where surveys, etc. of a ship is being performed.
(2) A person who participates in the survey, etc. of a ship under paragraph (1) shall render necessary cooperation for the survey, certification, and confirmation.
(3) Where a person obliged to participate in the survey, certification, and confirmation under paragraphs (1) and (2) fails to take part in them or a person who takes part in the survey, certification, and confirmation does not render necessary cooperation, the Minister of Oceans and Fisheries may suspend the relevant survey, certification, and confirmation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
CHAPTER II SURVEY OF SHIPS
 Article 7 (Shipbuilding Surveys)
(1) A person who intends to build a ship shall undergo a survey (hereinafter referred to as "shipbuilding survey") by the Minister of Oceans and Fisheries concerning the ship's facilities to be installed in a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue a shipbuilding survey certificate in which matters prescribed by Ordinance of the Ministry of Oceans and Fisheries and survey records are described for a ship which has passed the shipbuilding survey. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(3) The ship's facilities which have passed a shipbuilding survey under paragraph (1) shall be deemed to have passed the survey to be performed when the ship is used for navigation for the first time during the periodic survey under Article 8 (1).
(4) The Minister of Oceans and Fisheries may have the ships which do not undergo a shipbuilding survey under paragraph (1), such as ships imported from abroad, undergo a survey (hereinafter referred to as "special shipbuilding survey") prescribed by Ordinance of the Ministry of Oceans and Fisheries as the survey corresponding to a shipbuilding survey. In such cases, paragraphs (2) and (3) shall apply mutatis mutandis to ships which have passed the special shipbuilding survey. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 8 (Periodic Surveys)
(1) A shipowner shall undergo a survey by the Minister of Oceans and Fisheries (hereinafter referred to as "periodic survey") for the ship's facilities and the full load draft line, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, when he/she uses the ship for navigation for the first time or when the term of validity of a ship survey certificate under Article 16 has expired: Provided, That the radio communication facilities under Article 29 and the ship position transmitter under Article 30 shall be ascertained as to whether they have undergone the survey under the provisions of the Radio Waves Act in lieu of the periodic survey. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue a ship survey certificate in which matters prescribed by Ordinance of the Ministry of Oceans and Fisheries and survey records are described for a ship which has passed the periodic survey under paragraph (1), with the designated navigation zone, number of maximum passengers aboard, and position of the full load draft line. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(3) Matters necessary for class of navigation zone, navigation zone exceptionally allowed or restricted, standard for computation of number of maximum passengers able to board, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 9 (Interim Surveys)
(1) A shipowner shall undergo a survey by the Minister of Oceans and Fisheries (hereinafter referred to as "interim survey") between periodic surveys, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Interim surveys shall be classified as Class 1 and Class 2, and the timing and matters of survey shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries shall enter the survey results in the survey records of a ship survey certificate under Article 8 (2) for a ship which has passed the interim survey under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(4) A person who can not undergo an interim survey due to unavoidable reasons, such as long-term navigation and operations on foreign waters (referring to waters, other than those of the Republic of Korea; hereinafter the same shall apply), may defer the timing for interim survey, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 10 (Temporary Surveys)
(1) In any of the following cases, a shipowner shall undergo a survey (hereinafter referred to as "temporary survey") conducted by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
1. Where the shipowner intends to perform the remodelling or repair of the ship's facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. Where the shipowner intends to modify the details entered in a ship survey certificate under Article 8 (2): Provided, That the same shall not apply to a modification of insignificant matters not attended with the modification of the ship's facilities, such as modification of name and address of a shipowner, of ship's name, and of loading port;
3. Where the shipowner intends to modify the use of his/her ship under Article 15 (2);
4. Where the shipowner intends to newly install radio communication facilities or modify them under Article 29;
5. Where ship’s facilities that may affect the seaworthiness of the ship or the maintenance of safety of human life are modified due to a marine accident defined in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents (hereinafter referred to as "marine accident"), etc.;
6. Where the Minister of Oceans and Fisheries designates the contents and timing of a temporary survey by recognizing the necessity to supplement or repair the ship's facilities;
7. Other cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as modifying the full load draft line, etc.
(2) The Minister of Oceans and Fisheries shall enter the survey results in the survey records of a ship survey certificate under Article 8 (2) for the ship which has passed the temporary survey under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(3) Notwithstanding paragraph (2), the Minister of Oceans and Fisheries may issue a temporary alteration certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries for a ship which has passed a temporary survey under the main sentence of paragraph (1) 2 to temporarily alter the matters specified in the ship survey certificate referred to in Article 8 (2). <Amended by Act No. 15002, Oct. 31, 2017>
 Article 11 (Temporary Navigation Surveys)
(1) Where a shipowner or shipbuilder intends to temporarily use a ship for navigation prior to a periodic survey or to execute a sea trial of a foreign ship (referring to a ship registered or to be registered in a foreign country after the completion of shipbuilding in a domestic shipbuilding yard; hereafter the same shall apply in this Article) built in a domestic shipbuilding yard, he/she shall undergo an survey (hereinafter referred to as "temporary navigation survey") by the Minister of Oceans and Fisheries as to whether the relevant ship has the required seaworthiness, as prescribed by Ordinance of the Ministry of Oceans and fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue a temporary navigation certificate in which matters prescribed by Ordinance of the Ministry of Oceans and Fisheries and survey records are described for a ship which has passed the temporary navigation survey under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
 Article 12 (International Convention Survey)
(1) An owner of a ship on an international voyage shall undergo a survey (hereinafter referred to as "international convention survey") conducted by the Minister of Oceans and Fisheries under the international convention internationally entering into effect in connection with the seaworthiness of the ship and safety of human life. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue an international convention certificate in which matters prescribed by Ordinance of the Ministry of Oceans and Fisheries and survey records are described for a ship which has passed the international convention survey. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(3) Where a holder of an international convention certificate issued under paragraph (2) violates the international convention prescribed in paragraph (1), the Minister of Oceans and Fisheries may withdraw the relevant certificate, suspend its effect, or cancel it. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) When a foreign government requests the issuance of an international convention certificate, the Minister of Oceans and Fisheries may issue an international convention certificate after conducting an international convention survey for the relevant foreign ship under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Matters necessary for class of an international convention survey, issuance, withdrawal, suspension of effect, and cancellation of an international convention certificate, and investigation method on the violation of international conventions, etc. under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 13 (Approval of Drawings, etc.)
(1) A person who intends to undergo a shipbuilding survey, periodic survey, interim survey, or temporary survey under Articles 7 through 10 shall obtain a prior approval from the Minister of Oceans and Fisheries on the drawings of the relevant ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply when he/she intends to modify the matters approved. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) When the Minister of Oceans and Fisheries deems that drawings requested for approval under paragraph (1) are suitable for the standard under Articles 26 through 28, he/she shall approve the drawings and indicate the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries on the relevant drawings. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(3) A person who obtains approval from the Minister of Oceans and Fisheries under paragraph (1) shall build or remodel a ship in compliance with the drawings as approved. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) A shipowner shall keep the drawings approved under paragraph (1) in the relevant ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 14 (Preparation for Survey, etc.)
(1) Matters of arrangements necessary for a shipbuilding survey, periodic survey, interim survey, temporary survey, or temporary navigation survey (hereinafter referred to as "ship survey"), classified by the relevant survey, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Notwithstanding paragraph (1), the Minister of Oceans and Fisheries may fully or partially relax or exempt the survey arrangements and presentation of documents, etc. as prescribed by Ordinance of the Ministry of Oceans and Fisheries, taking into account the structure, facilities, size, use, navigation zone, etc. of the relevant ship. <Amended by Act No. 15002, Oct. 31, 2017>
(3) As arrangements for surveys under paragraph (1), a shipowner shall undergo the measurement of the hull thickness conducted by a thickness measuring company designated pursuant to paragraph (4), as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where it is impracticable to domestically measure the hull thickness due to extenuating circumstances, such as long-term voyage and operations on foreign waters or repair in a foreign country, the shipowner may undergo the measurement conducted by a foreign thickness measuring company other than the one designated as a thickness measuring company under paragraph (4), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 15002, Oct. 31, 2017>
(4) The Minister of Oceans and Fisheries may designate a thickness measuring company that fulfills the criteria prescribed by Presidential Decree, such as measuring equipment and professional human resources, as a thickness measuring company that measures hull thickness pursuant to paragraph (3). <Newly Inserted by Act No. 15002, Oct. 31, 2017>
(5) Where a thickness measuring company designated under paragraph (4) (hereinafter referred to as "designated thickness measuring company") falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation or suspend the measuring business for a fixed period of up to six months: Provided, That in cases falling under any of subparagraphs 1 through 3, he/she shall cancel the designation: <Newly Inserted by Act No. 15002, Oct. 31, 2017>
1. Where the designation was obtained deceitfully or otherwise fraudulently;
2. Where a hull thickness was measured deceitfully or otherwise fraudulently;
3. Where the company discontinues its business;
4. Where the company falls short of the criteria for designation referred to in paragraph (4);
5. Where the company fails to perform the hull thickness measuring business for at least one year continuously without justifiable grounds;
6. Where the company fails to comply with an order to submit a report or data issued under Article 75 (1).
(6) Where the Minister of Oceans and Fisheries designates a thickness measuring company pursuant to paragraph (4) or cancels the designation or suspends the measuring business pursuant to paragraph (5), he/she shall publicly notify such fact. <Newly Inserted by Act No. 15002, Oct. 31, 2017>
(7) Matters necessary for the procedures for designating a thickness measuring company and the guidance and supervision of a designated thickness measuring company, and the detailed criteria, procedures, etc. for cancelling the designation or suspending such measuring business shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 15002, Oct. 31, 2017>
 Article 15 (Maintenance of State of Ship after Ship Survey)
(1) A shipowner shall not modify or remodel the structure arrangement, engine, facilities, etc. of the relevant ship after the shipbuilding survey or ship survey, and shall maintain the state of the hull, engine, facilities, etc. for normal working and operation. <Amended by Act No. 12999, Jan. 6, 2015>
(2) Notwithstanding paragraph (1), a shipowner may modify the length, width, depth, and use of a ship or remodel the facilities thereof within the extent that the restitution standards prescribed by Ordinance of the Ministry of Oceans and Fisheries are satisfied, with permission therefor from the Minister of Oceans and Fisheries. <Amended by Act No. 12999, Jan. 6, 2015>
(3) Matters necessary for the objects of and procedures for permission under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 12999, Jan. 6, 2015>
 Article 16 (Term of Validity, etc. of Ship Survey Certificate and International Convention Certificate)
(1) The term of validity of a ship survey certificate under Article 8 (2) and that of an international convention certificate under Article 12 (2) shall be prescribed by Presidential Decree within five years.
(2) The Minister of Oceans and Fisheries may extend the term of validity of a ship survey certificate and an international convention certificate under paragraph (1) by up to five months, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The effect of the term of validity of a ship survey certificate and an international convention certificate of a ship which fails to pass the interim survey or temporary survey under Article 10 (1) 6 or to apply for such survey until the fixed period for survey expires, shall be suspended from the day following the date the relevant survey period expires until the relevant survey is passed. <Amended by Act No. 15002, Oct. 31, 2017>
 Article 17 (Prohibition on Navigation of Ship without Ship Survey Certificate, etc.)
(1) No one shall use a ship for navigation which does not carry a ship survey certificate under Article 8 (2), a temporary alteration certificate under Article 10 (3), a temporary navigation certificate under Article 11 (2), an international convention certificate under Article 12 (2) or a tugboat navigation certificate under Article 43 (2) (hereinafter referred to as "ship survey certificate, etc.") or a ship of which the effect of a ship survey certificate, etc. has been suspended. <Amended by Act No. 9871 Dec. 29, 2009>
(2) No one shall use a ship for navigation in violation of the conditions related to the navigation entered in the ship survey certificate, etc.
(3) A shipowner who is granted a ship survey certificate, etc. shall keep the ship survey certificate, etc. in the ship: Provided, That small ships may keep their ship survey certificate, etc. in a place other than ships. <Newly Inserted by Act No. 9871 Dec. 29, 2009>
CHAPTER III TYPE APPROVAL OF SHIP’S ARTICLES OR SMALL SHIPS
 Article 18 (Type Approval and Examination)
(1) When a person who intends to manufacture or import ship's articles or small ships prescribed and publicly notified by the Minister of Oceans and Fisheries intends to undergo the examination for the relevant ship's articles or small ships under the former part of paragraph (9), the person shall pre-obtain a type approval (hereinafter referred to as "type approval") from the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(2) A person who intends to obtain type approval under paragraph (1) shall undergo a type approval test: Provided, That where a person manufactures the ship's articles, small ships, etc. which have passed a survey under the Industrial Standardization Act, the type approval test may be omitted, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(3) The Minister of Oceans and Fisheries shall designate and publicly notify the laboratory in charge of the type approval test under paragraph (2) (hereinafter referred to as "type-approval testing laboratory"), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(4) Where a person who has obtained type approval intends to modify the details thereof, he/she shall obtain approval from the Minister of Oceans and Fisheries for such modification. In such cases, when the matters affecting the performance of ship's articles and small ships are modified, he/she shall undergo the type approval test for the relevant modification under paragraph (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(5) Where the Minister of Oceans and Fisheries grants type approval under paragraph (1) or approval for modification under the latter part of paragraph (4), he/she shall issue a certificate of type approval as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 15002, Oct. 31, 2017>
(6) The term of validity of a certificate of type approval issued under paragraph (5) shall be five years from the date such certificate is issued. <Newly Inserted by Act No. 15002, Oct. 31, 2017>
(7) A person who intends to maintain type approval after its term of validity prescribed in paragraph (6) expires shall apply for the renewal of the certificate of type approval to the Minister of Oceans and Fisheries at least 30 days prior to the expiry of the period of validity. <Newly Inserted by Act No. 15002, Oct. 31, 2017>
(8) A person who has obtained type approval under paragraph (1) and the type-approval testing laboratory under paragraph (3) shall keep the ship's articles in custody which have passed the type approval test. In such cases, the same shall also apply where an approval for the modification has been obtained under paragraph (4). <Amended by Act No. 15002, Oct. 31, 2017>
(9) A person who has obtained type approval or approval for modification under paragraph (1) or (4) shall obtain approval for the relevant ship's articles or small ships from the Minister of Oceans and Fisheries according to the standard of the examination prescribed and publicly notified by the Minister of Oceans and Fisheries. In such cases, the relevant ship's articles (including ship's articles that have obtained type approval and test approval from the Minister of Oceans and Fisheries pursuant to Article 24 (1) of the Fishing Vessels Act by meeting the level which is equivalent to or higher than the standard prescribed by this Act) and small ships which have passed the examination shall be deemed to have passed the first survey performed out of the shipbuilding survey or ship survey. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(10) The Minister of Oceans and Fisheries shall issue an examination certificate for the ship's articles or small ships which have passed the examination and issue a mark of passing the examination on the relevant ship's articles. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(11) Matters concerning the procedures for type approval, the procedures for renewal of a certificate of type approval, the guidance and supervision of a person who has obtained type approval and the type-approval testing laboratory, the scope of custody of ship's articles, the form and issuance of the examination certificate under paragraphs (1) through (10) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, and the standard of the type approval test under paragraph (2) shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
 Article 19 (Cancellation of Type Approval, etc.)
(1) When a person who obtains type approval falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the type approval or suspend the effect thereof for a fixed period of up to six months: Provided, That when he/she falls under subparagraphs 1 through 3, the type approval shall be cancelled: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. When he/she obtains type approval or the approval on modification thereof deceitfully or otherwise fraudulently;
2. When he/she undergoes the examination deceitfully or otherwise fraudulently;
3. When the ship's articles or small ships manufactured or imported become unsuitable for the standard of ship's facilities under Article 26;
4. When he/she fails to manufacture or import the relevant ship's articles or small ships for at least two consecutive years without justifiable grounds;
5. When he/she refuses to follow orders for reporting and presentation of data under Article 75.
(2) When a type-approval testing laboratory under Article 18 (3) falls under any of the following cases, the Minister of Oceans and Fisheries may cancel such designation and suspend the effect thereof for a fixed period of up to six months: Provided, That when it falls under subparagraphs 1 through 3, such designation shall be cancelled: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. When it is designated deceitfully or otherwise fraudulently;
2. When it fails to perform affairs concerning test any longer;
3. When it fails to meet the standard of designation of a type-approval testing laboratory under Article 18 (3);
4. When it is deemed to lose public confidence due to error, mistake, omission, etc. in the type approval test;
5. When it refuses to conduct the type approval test without justifiable grounds;
6. When it conducts a wrongful act or received a fee unjustly in connection with a type approval test.
(3) Matters concerning the cancellation and suspension of type approval, the procedures, etc. for cancellation and suspension of the type-approval testing laboratory under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 20 (Designation of Recognized Manufacturing (Maintenance) Factory)
(1) A person who manufactures or maintains ship's articles or small ships prescribed and publicly notified by the Minister of Oceans and Fisheries may be designated for the relevant factory as a recognized manufacturing factory or a recognized maintenance factory (hereinafter referred to as "recognized manufacturing (maintenance) factory") by the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(2) A person who intends to be designated as a recognized manufacturing (maintenance) factory under paragraph (1) shall obtain approval on the facilities and installations, standard of manufacture and maintenance, its own survey standard, human resources, etc. from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply to the modification of the matters approved. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(3) Ship's articles or small ships which have been manufactured or maintained in a recognized manufacturing (maintenance) factory designated by the Minister of Oceans and Fisheries under paragraph (1) and which have passed their own survey standard under paragraph (2) shall be deemed to have passed the first survey performed out of the shipbuilding survey and ship survey: Provided, That the ship's articles or small ships prescribed and publicly notified by the Minister of Oceans and Fisheries shall be deemed to have passed the same survey only where it has been directly verified by the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(4) A recognized manufacturing (maintenance) factory shall directly issue a certificate for the ship's articles or small ships which have passed their own survey standard under paragraph (3); and shall issue a mark on the relevant ship's articles indicating their passing of its own survey standard: Provided, That the Minister of Oceans and Fisheries shall issue a written verification for the ship's articles or small ships to be directly verified by the Minister of Oceans and Fisheries under the proviso to paragraph (3); and shall issue a mark indicating the verification on the relevant ship's articles. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(5) When the Minister of Oceans and Fisheries designates a recognized manufacturing (maintenance) factory under paragraph (1), he/she shall guide and supervise as to whether it conducts manufacturing and maintenance, and is operated and managed according to the terms of the approval obtained under paragraph (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(6) Matters necessary for the procedure for designation of recognized manufacturing (maintenance) factories, procedure for verifying the suitability of recognized manufacturing (maintenance) factories, form and issuance of certificates and written verification and guidance and supervision, etc. on recognized manufacturing (maintenance) factories under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
 Article 21 (Cancellation of Designation of Recognized Manufacturing (Maintenance) Factories, etc.)
(1) When a person designated as a recognized manufacturing (maintenance) factory falls under any of the following cases, the Minister of Oceans and Fisheries may cancel such designation or suspend the effect of designation for a fixed period of up to six months: Provided, That the designation shall be cancelled when he/she falls under subparagraphs 1 and 2: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
1. When he/she is designated for a recognized manufacturing (maintenance) factory deceitfully or otherwise fraudulently;
2. When the ship's articles or small ships manufactured or maintained fail to meet the standards of ship's facilities under Article 26;
3. When he/she sells the ship's articles, the term of validity of which has expired;
4. When he/she fails to manufacture or maintain the relevant ship's articles or small ships for at least one year consecutively without justifiable grounds;
5. When the relevant factory fails to meet the standards of designation under Article 20 (2);
6. When he/she receives the confirmation under the proviso to Article 20 (3) fraudulently;
7. When he/she refuses to follow orders for the reporting and presentation of data under Article 75.
(2) A person whose designation as a recognized manufacturing (maintenance) factory has been cancelled under paragraph (1) shall not be designated as a recognized manufacturing (maintenance) factory for one year from the date of cancellation of such designation. <Amended by Act No. 12999, Jan. 6, 2015>
(3) Matters necessary for the cancellation of designation of a recognized manufacturing (maintenance) factory and the procedures therefor under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
 Article 22 (Preliminary Surveys)
(1) A person who intends to manufacture, remodel, repair, maintain, or import ship's articles or hull of small ships designated and publicly notified by the Minister of Oceans and Fisheries may undergo a survey (hereinafter referred to as "preliminary survey") conducted by the Minister of Oceans and Fisheries pursuant to the standard prescribed and publicly notified by the Minister of Oceans and Fisheries before the ship's articles are installed in a ship. In such cases, matters necessary for procedures for preliminary survey shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) A person who intends to undergo a preliminary survey under paragraph (1) shall obtain approval from the Minister of Oceans and Fisheries on the drawings of the relevant ship's articles or the hull of small ships, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, Article 13 (2) shall apply mutatis mutandis to a mark of approval on the drawings following a preliminary survey. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries shall issue a preliminary survey certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries for the ship's articles or the hulls of small ships which have passed a preliminary survey under paragraph (1). In such cases, for the relevant ship's articles, a mark indicating that they have passed such survey shall be issued separately. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The ship's articles or hulls of small ships which have passed a preliminary survey under paragraph (1) shall be deemed to have passed the first survey performed the shipbuilding survey or ship survey.
(5) Article 14 (1) shall apply mutatis mutandis to the arrangements for a preliminary survey. In such cases, "shipbuilding survey and ship survey" in Article 14 (1) shall be construed as "preliminary survey."
CHAPTER IV TYPE APPROVAL OF CONTAINERS, ETC.
 Article 23 (Type Approval and Examination of Containers)
(1) In cases of a container loaded on a ship and used for transport of cargo, a person who intends to manufacture a container, the area of the bottom of which is larger than that prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall obtain type approval (hereinafter referred to as "type approval of container") from the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) A person who intends to obtain type approval of container under paragraph (1) shall undergo the type approval test of the testing laboratory designated and publicly notified by the Minister of Oceans and Fisheries (hereinafter referred to as "type-approval testing laboratory of container"). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where a person who obtains type approval of container under paragraphs (1) and (2) intends to modify the terms thereof, the person shall obtain the approval on the modification from the Minister of Oceans and Fisheries. In such cases, when the person modifies the matters affecting the performance of container, he/she shall undergo a separate type approval test under paragraph (2) for the relevant modification. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) A person who obtains type approval of container or approval on modification thereof under paragraphs (1) and (3) shall undergo an examination (hereinafter referred to as "examination for container") conducted by the Minister of Oceans and Fisheries for the relevant container pursuant to the standard of examination prescribed and publicly notified by the Minister of Oceans and Fisheries. In such cases, the Minister of Oceans and Fisheries shall issue a container examination certificate for the container which has passed the container examination. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) A container manufacturer shall affix a plate of type approval (hereinafter referred to as "container type approval plate") indicating the type approval of container to the container which has passed the container examination under paragraph (3), and the Minister of Oceans and Fisheries shall issue a mark of confirmation on that container type approval plate indicating the success in the container examination. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) When a person who obtains type approval of container under paragraph (1) falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the type approval or suspend the effect thereof for a fixed period of up to six months: Provided, That such type approval shall be cancelled when the person falls under subparagraph 1: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. When the person obtains type approval of container or approval on modification thereof deceitfully or otherwise fraudulently;
2. When the person undergoes the container examination deceitfully or otherwise fraudulently;
3. When the person fails to manufacture containers for at least two consecutive years after having obtained the type approval of container or the approval on modification thereof.
(7) Matters necessary for the procedures for type approval of container and approval on the modification thereof, the standard of and procedures for designating a type-approval testing laboratory of container, the standard of type approval test, the guidance and supervision, etc. on a person who has obtained the type approval of container and a type-approval testing laboratory of container under paragraphs (1) through (6) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(8) No shipowner nor captain of any ship shall load on the ship any container which has no container type approval plate under paragraph (5) attached thereto and use such container for transportation of cargoes. <Amended by Act No. 15002, Oct. 31, 2017>
 Article 24 (Safety Checkup of Containers)
(1) A container owner shall obtain approval from the Minister of Oceans and Fisheries on his/her own safety checkup method and perform the safety checkup personally. In such cases, a container owner may have a safety checkup business operator perform it on his/her behalf. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) A person who performs the safety checkup for a container owner under the latter part of paragraph (1) shall have qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Matters necessary for the standards, method, and approval procedure of safety checkup, the standard of safety checkups business operators, and the guidance and supervision, etc. on safety checkup business operators under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 25 (Prohibition of Use of Containers, etc.)
(1) No one shall load a ship with a container for which the safety checkup under Article 24 has not been performed, and use it for maritime cargo transport.
(2) Anyone who finds a container which may jeopardize human life and safety of a ship due to breakage, corrosion, crevice, deformation, etc. shall report it without delay to the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) When the Minister of Oceans and Fisheries finds a container specified in paragraph (2) or is reported such container, he/she may open the relevant container and repair it or take necessary safety measures, such as transfer of cargo loaded in the container, abandonment thereof, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The Minister of Oceans and Fisheries may claim from a container owner the expenses incurred in taking measures under paragraph (3). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Where a container owner under paragraph (4) is unknown or his/her whereabouts is unknown, the Minister of Oceans and Fisheries may publicly sell the relevant container and loaded cargo and appropriate for the expenses incurred in taking measures under paragraph (3). In such cases, any balance of money remaining after appropriating for expenses, shall be deposited. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) Matters necessary for measures for safety of container, procedures for claiming expenses, appropriation procedures, etc. under paragraphs (3) through (5) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
CHAPTER V STANDARDS OF SHIP’S FACILITIES, ETC.
 Article 26 (Standards of Ship's Facilities)
The ship's facilities shall meet the standard of ship's facilities prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 27 (Mark, etc. of Full Load Draft Line)
(1) An owner of any of the following ships shall mark the full load draft line pursuant to the standard prescribed and publicly notified by the Minister of Oceans and Fisheries: Provided, That a mark of full load draft line may be omitted for a submarine and other ships prescribed by the Ministry of Oceans and Fisheries: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. A ship on an international voyage;
2. A ship, the length of which (hereinafter referred to as "length of ship") by the method prescribed by Ordinance of the Ministry of Oceans and Fisheries is at least 12 meters;
3. Any of the following ships, the length of which is under 12 meters:
(a) A passenger ship;
(b) A ship transporting dangerous goods loaded in bulk under Article 41.
(2) No one shall transport passengers or cargo exceeding the full load draft line marked under paragraph (1).
 Article 28 (Maintenance of Restitution)
(1) An owner of any of the following ships (including any person who occupies or uses such ship with the legitimate title of the relevant ship; hereafter in this Article the same shall apply) or the captain of the relevant ship shall maintain restitution pursuant to the standards prescribed and publicly notified by the Minister of Oceans and Fisheries: Provided, That the same shall not apply to ships prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as tugboats, marine accident rescue boats, dredgers, and ships used for survey: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
1. A passenger ship;
2. A ship, the length of which is at least 12 meters.
(2) A shipowner shall obtain approval from the Minister of Oceans and Fisheries on the data of restitution regarding suitability in connection with the restitution of a ship under paragraph (1), and provide a captain of the relevant ship with the data of restitution approved. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(3) When a computer program has been used for calculating restitution for approval under paragraph (2), the calculation shall be in accordance with the method for calculating restitution prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Matters necessary for the standard and procedure for approval related to restitution under paragraphs (2) and (3), the data for restitution and the outline of writing computer programs for calculation of restitution, etc. shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 29 (Radio Communication Facilities)
(1) An owner of any of the following ships shall be equipped with the necessary radio communication facilities for executing world maritime distress and safety systems under the International Convention for Safety of Human Life at Sea. In such cases, the radio communication facilities shall be suitable for the performance and standard under the Radio Waves Act:
1. A passenger ship on an international voyage;
2. A ship, the gross tonnage of which is at least 300 tons on an international voyage, other than a ship under subparagraph 1.
(2) Ships prescribed by Ordinance of the Ministry of Oceans and Fisheries, other than those specified under paragraph (1), shall be equipped with radio communication facilities pursuant to the standard prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the radio communication facilities shall be suitable for the performance and standard under the Radio Waves Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) No one shall use a ship for navigation without being equipped with radio communication facilities under paragraphs (1) and (2): Provided, That the same shall not apply where he/she uses a ship for navigation once with a temporary navigation certificate or performs a sea trial.
 Article 30 (Ship Location Transmitters)
(1) For securing the safe navigation of ships and for prompt tackling when any maritime accident occurs, each owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries shall be equipped with a device which automatically transmits the location thereof (hereinafter referred to as "ship location transmitter") under the standards prescribed and publicly notified by the Minister of Oceans and Fisheries and operate it. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) When radio communication facilities under Article 29 (1) or (2) have the function of a ship location transmitter, it shall be deemed to be equipped with the ship location transmitter.
(3) The captain of a ship may discontinue the operation of a ship location transmitter when determined that it may threaten the safety of a ship due to appearance of pirates, sea robbers, etc. In such cases, the captain shall enter such situation in the log, etc.
CHAPTER VI MEASURES FOR SAFE NAVIGATION
 Article 31 (Authority of Captains)
No one shall hinder or interfere with the professional judgement of a captain for the safety of a ship.
 Article 32 (Keeping Publication for Navigation)
A shipowner shall keep a publication for navigation prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as a marine chart and an ebb and flow table, in a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 33 (Securing View of Pilothouse, etc.)
(1) With respect to relevant pilothouse, a shipowner shall take necessary measures for securing sufficient view pursuant to the standard prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended by Act No. 8852. Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) A shipowner shall install a communication system pursuant to the standard prescribed and publicly notified by the Minister of Oceans and Fisheries between the pilothouse of the relevant ship and the place where the steering gear has been installed. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 34 (Confirmation, etc, of Loading and Unloading Facilities)
(1) A shipowner equipped with loading and unloading apparatus and loading and unloading outfits (hereinafter referred to as "loading and unloading facilities") shall obtain confirmation from the Minister of Oceans and Fisheries on the matters of limited loads, limited angle, and limited radius (hereinafter referred to as "limited load, etc.") pursuant to the standard prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) When the Minister of Oceans and Fisheries confirms limited load, etc. under paragraph (1), he/she shall issue a written confirmation of limited loads, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) A shipowner who has obtained the confirmation under paragraph (1) shall mark the matters of limited loads, etc. confirmed, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, on the relevant loading and unloading facilities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) A shipowner who has obtained the confirmation under paragraph (1) shall not use the loading and unloading facilities in violation of the matters of limited loads, etc. confirmed.
 Article 35 (Loading and Unloading Facilities Survey Record and Keeping on File)
(1) When the Minister of Oceans and Fisheries conducts a periodic survey or interim survey for loading and unloading facilities, he/she shall draw up the loading and unloading facilities survey record and enter the details thereof in it, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) A shipowner shall keep documents prescribed by Ordinance of the Ministry of Oceans and Fisheries relating to the survey for the loading and unloading facilities in a ship, such as the loading and unloading survey record, etc. under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 36 (Providing Cargo Information)
(1) To ensure safe loading and transporting of cargo, a consignor shall provide the captain of the relevant ship with the information on the cargo prior to loading the ship with the relevant cargo.
(2) Where a consignor who intends to transport his/her cargo loaded in a container to a foreign country provides the captain of the relevant ship with the information on the cargo pursuant to paragraph (1), the consignor shall also provide the verified information on the gross weight of the cargo according to the method prescribed by the Ordinance of the Ministry of Oceans and Fisheries. In such cases, if requested by the captain, the consignor shall provide the verified information on the gross weight of the cargo also to the harbor facility operator or the lessee referred to in Article 30 (1) of the Harbor Act in addition to the captain.
(3) The captain of a ship may refuse to load a cargo where no information thereon is provided as prescribed in paragraph (1) or (2).
(4) The types of cargoes for which the information is to be provided and the details of information to be provided for each cargo under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Wholly Amended by Act No. 15002, Oct. 31, 2017]
 Article 37 (Providing, etc. Measuring Instruments of Poisonous Gas Concentration)
Where a shipowner transports cargo loaded in bulk which may generate poisonous gases or cause a lack of oxygen, the shipowner shall provide the captain with instruments which may measure the concentration of poisonous gases or oxygen, and their operating manuals, as prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 38 (Safety Measures following Use of Disinfectants)
When a captain uses disinfectants, such as insecticides, for disinfecting a ship, he/she shall take safety measures, as prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 39 (Method of Loading, Anchoring, and Lashing of Cargo, etc.)
(1) A shipowner shall prepare his/her own guide book for the loading, anchoring, and lashing of cargo, prescribing the method of loading, anchoring, and lashing of cargo prior to loading, anchoring, and lashing a ship with cargo, and obtain approval from the Minister of Oceans and Fisheries on the guide book, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) When a shipowner loads, anchors, and lashes the cargo, cargo unit (referring to the implements for transport not attached to a ship, such as vehicles, tank lorries, etc.) and cargo loaded in cargo unit, he/she shall comply with the cargo loading, anchoring, and lashing guide book approved under paragraph (1).
(3) When a shipowner loads a transporting ship of vehicle, etc. (referring to a ship with a deck installed for loading and transport of vehicles, etc. used for land transport) with vehicle and cargo, etc., he/she shall comply with the cargo loading, anchoring, and lashing guide book approved under paragraph (1) and take necessary measures for safety, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) When a shipowner receives and loads a container with cargo, he/she shall comply with cargo loading, anchoring, and lashing guide book approved under paragraph (1), but shall not receive and load the cargo exceeding the maximum gross weight marked on a container type approval plate.
(5) Matters necessary for methods of loading, anchoring, and lashing of cargo under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 40 (Transport of Bulk Cargo)
(1) A shipowner shall provide the captain of the relevant ship with information on the restitution of the ship, the nature and loading method of the cargo, prior to transporting the bulk cargo.
(2) A shipowner who intends to transport bulk cargo shall take necessary safety measures.
(3) Matters necessary for the restitution of the ship, the contents of nature and loading method of the cargo, and the safety measures, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 41 (Transport of Dangerous Goods)
(1) A person who intends to load, transport, or store dangerous goods by ship shall load, transport, or store them under the method suitable for the prevention of danger in navigation and the safety of human life.
(2) A person who intends to load, transport, or store the dangerous goods under paragraph (1) shall undergo a survey by, or obtain approval from, the Minister of Oceans and Fisheries on the suitability of the method. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Matters necessary for types of dangerous goods, their containers and packing, methods of loading, transport, and storage, survey or approval, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Notwithstanding paragraphs (1) through (3), the standard of facilities, etc. of a ship transporting radioactive substances and a ship transporting dangerous goods in liquid form loaded in bulk shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 41-2 (Education, etc. on Safe Transport of Dangerous Goods)
(1) Any person who is engaged in producing, transporting and loading dangerous goods by ship (hereinafter referred to as "person handling dangerous goods") shall receive education provided by the Minister of Oceans and Fisheries on safe transport of dangerous goods. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may designate an education institution specializing in education on safe transport of dangerous goods (hereinafter referred to as "professional education institution of safe transport of dangerous goods") and require the education institution to conduct education for persons handling dangerous goods to efficiently provide education to persons handling dangerous goods. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Any person who intends to be designated as a professional education institution of safe transport of dangerous goods under paragraph (2) shall have facilities, equipment, human resources, etc. that satisfy the standards set by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(4) If a professional education institution of safe transport of dangerous goods falls under any of the following cases, the Minister of Oceans and Fisheries may cancel designation or suspend all or some services by up to six months: Provided, That if it falls under subparagraph 1, the designation as a professional education institution of safe transport of dangerous goods shall be canceled: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where the professional education institution of safe transport of dangerous goods was designated deceitfully or otherwise fraudulently;
2. Where a professional education institution of safe transport of dangerous goods falls short of designation standards as referred to in paragraph (3).
(5) Detailed matters on disposition under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(6) Matters necessary for specific scope, content, etc. of education for persons handling dangerous goods who are required to receive education on safe transport of dangerous goods under paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10271, Apr. 15, 2010]
 Article 42 (Reinforcement Surveys on Oil Tankers, etc.)
(1) A shipowner of an oil tanker, bulk cargo ship or transporting ship of dangerous goods in bulk (excluding a transporting ship of liquified gas in bulk) shall undergo a survey (hereinafter referred to as "reinforcement survey") by the Minister of Oceans and Fisheries for matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as confirmation of thickness of the material composing the hull structure, other than a shipbuilding survey and a ship survey: Provided, That the same shall not apply to a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries as a ship not placed on international navigation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall indicate the survey results on the ship survey certificate under Article 8 (2) for the oil tanker, etc. which has passed the reinforcement survey. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Methods of, and procedures for, reinforcement surveys under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 43 (Tugboat Navigation Surveys for Tugboats)
(1) When a shipowner of a tugboat intends to tow a barge, a structure, etc., he/she shall undergo a survey (hereinafter referred to as "tugboat navigation survey") by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries shall issue a tugboat navigation certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries for a tugboat which has passed the tugboat navigation survey. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) A shipowner of a tugboat shall keep a tugboat navigation certificate under paragraph (2) in the relevant tugboat.
(4) Article 15 (1) shall apply mutatis mutandis to a tugboat undergone a tugboat navigation survey under paragraph (1). In such cases, "shipbuilding survey or ship survey" shall be construed as "tugboat navigation survey."
 Article 44 (Prohibition of Use of Highly Inflammable Fuel Oil, etc.)
No one shall use fuel oil, lubricating oil, etc., the inflammable point of which is below 60 degrees Celsius, in a ship, unless the ship is equipped with facilities prescribed and publicly notified by the Minister of Oceans and Fisheries, such as facilities preventing fire and explosion. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
CHAPTER VII KOREA SHIP SAFETY TECHNOLOGY AUTHORITY
 Article 45 (Establishment of Korea Ship Safety Technology Authority)
(1) The Korea Ship Safety Technology Authority (hereinafter referred to as the "Authority") shall be established for securing safety related to navigation of ships and for research, development, and distribution of technology concerning ships or ship's facilities by being entrusted with the affairs of the Minister of Oceans and Fisheries and performing such affairs on his/her behalf. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Authority shall be a juristic person.
 Article 46 (Business Affairs of Authority)
The Authority shall conduct the following business affairs: <Amended by Act Nos. 12999 & 13002, Jan. 6, 2015>
1. Delegation for affairs of approval of drawings for ship or ship's articles;
2. Delegation for affairs of survey for ships or ship's articles;
3. Delegation for affairs of confirmation for ship's articles or small ships manufactured or maintained in recognized manufacturing (maintenance) factories;
4. Delegation for affairs of examination for ship's articles or small ships and containers;
5. Delegation for affairs of approval concerning loading, anchoring, and lashing of cargo;
5-2. Management for safe operation of passenger ships under the Marine Transport Act;
6. Inspections, tests, and research for securing the seaworthiness of ships and securing safety of human life at sea, the development and distribution of technology related thereto;
7. Research and analysis of technological standards under the International Convention Concerning the Safety of Ships;
8. Entrusted affairs of services for design and, consultation and supervision of shipbuilding of ships;
9. Activities of research, education, and publicity for prevention of marine accidents;
10. Affairs for which the Government or local governments have the Authority to perform on their behalf or they entrust the Authority under the Acts and subordinate statutes;
11. Other business affairs prescribed by the articles of association of the Authority as those necessary for attaining the purposes of establishment of the Authority.
 Article 47 Deleted. <by Act No. 9446, Feb. 6, 2009>
 Article 48 (Executives)
(1) Executives of the Authority shall be comprised of nine directors, including the chairperson and one auditor. In such cases, the chairperson and three directors shall be standing directors, and the other five directors and the auditor shall be non-standing directors and auditor. <Amended by Act No. 9446, Feb. 6, 2009>
(2) The chairperson shall represent the Authority and take charge of its business affairs. <Amended by Act No. 9446, Feb. 6, 2009>
(3) and (4) Deleted. <by Act No. 9446, Feb. 6, 2009>
 Article 49 Deleted. <by Act No. 9446, Feb. 6, 2009>
 Article 50 (Appointment of Representatives)
The chairperson may appoint a representative for among the employees as prescribed by the articles of association, who is authorized to perform judicial procedures or non-judicial procedures concerning the affairs of the authority.
 Articles 51 through 53 Deleted. <by Act No. 9446, Feb. 6, 2009>
 Article 54 (Appointment and Dismissal of Employees)
The chairperson shall appoint and dismiss employees of the Authority as prescribed by the articles of association.
 Article 55 (Raising of Funds)
Funds required for operation and business affairs of the Authority shall be raised as follows:
1. Subsidies or loans of the Government;
2. Income according to business affairs referred to in Article 46;
3. Proceeds from management of assets;
4. Other income of incidental business affairs.
 Article 56 (Subsidization, etc.)
(1) The State may subsidize expenses incurred in conducting business affairs under Article 46 to the Authority, within budgetary limits.
(2) Where necessary for the operation of the Authority, the State may lend the Authority State property and commodities, or have the Authority make use of them and receive benefits from them free of charge under the State Properties Act and the Commodity Management Act.
 Article 57 Deleted. <by Act No. 9446, Feb. 6, 2009>
 Article 58 (Guidance and Supervision of Affairs)
The Minister of Oceans and Fisheries shall supervise the following matters among the affairs of the Authority: <Amended by Act No. 11690, Mar. 23, 2013>
1. Matters regarding appropriate performance of the business affairs under Article 46;
2. Other matters prescribed by other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9446, Feb. 6, 2009]
 Article 58-2 (Duty of Confidentiality)
A person who is, or was, an officer or employee of the Authority may not divulge nor use any confidential information that he/she has obtained while performing his/her job.
[This Article Newly Inserted by Act No. 9446, Feb. 6, 2009]
 Article 58-3 (Prohibition of Use of Similar Names)
Anyone that is not the Authority under this Act may not use the name "the Korea Ship Safety Technology Authority" or any other name similar thereto.
[This Article Newly Inserted by Act No. 9446, Feb. 6, 2009]
 Article 59 (Application Mutatis Mutandis of the Civil Act)
Except as otherwise expressly prescribed in this Act and the Act on the Management of Public Institutions, the provisions regarding incorporated foundations of the Civil Act shall apply mutatis mutandis to the Authority. <Amended by Act No. 9446, Feb. 6, 2009>
CHAPTER VIII DELEGATION FOR SURVEY AFFAIRS, ETC.
 Article 60 (Delegation for Survey Affairs, etc.)
(1) The Minister of Oceans and Fisheries may have the Authority perform the following affairs concerning shipbuilding surveys, ship surveys, approval of drawings, etc. (hereinafter referred to as "affairs of survey, etc."), on his/her behalf. In such cases, the Minister of Oceans and Fisheries shall enter into an agreement with the Authority, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
1. Shipbuilding surveys, issuing shipbuilding survey certificates, and special shipbuilding surveys under Article 7 (1), (2), and (4);
2. Periodic surveys and issuing ship survey certificates under Article 8 (1) and (2);
3. Interim surveys under Article 9 (1);
4. Temporary surveys and issuing temporary alteration certificates under Article 10 (1) and (3);
5. Temporary navigation surveys and issuing temporary navigation certificates under Article 11 (1) and (2);
6. International convention surveys and issuing international convention certificates under Article 12 (1), (2), and (4);
7. Approval of drawings and marks of approval under Article 13 (1) and (2);
8. Deleted; <by Act No. 15002, Oct. 31, 2017>
9. Extending the term of validity of ship survey certificates and international convention certificates under Article 16 (2);
10. Examining ship's articles or small ships, issuing examination certificates, and marks of passing examination under Article 18 (9) and (10);
11. Verifying ship's articles or small ships, issuing written verification, and marks of verification under the provisos to Article 20 (3) and (4);
12. Preliminary surveys, approval of drawings and marks of approval, issuance of preliminary survey certificates, and marks of passing preliminary surveys under Article 22 (1) through (3);
13. Approval of data for restitution under Article 28 (2) and (3);
14. Confirming limited loads, etc. and issuing written confirmations of limited loads, etc. under Article 34 (1) and (2);
15. Preparing and entering the details of inspection registers of loading and unloading facilities under Article 35 (1);
16. Approval of guide books of loading, anchoring, and lashing of cargo under Article 39 (1);
17. Reinforcement surveys under Article 42 (1);
18. Tugboat navigation surveys and issuance of tugboat navigation certificates under Article 43 (1) and (2).
(2) The Minister of Oceans and Fisheries may have a corporation (hereinafter referred to as "classification society") which performs the affairs of registration of ships and of evaluation concerning the seaworthiness (hereinafter referred to as "classification affairs") for purchasing and maintaining hull insurance as a domestic or foreign corporation that meets the criteria prescribed and publicly notified by the Minister of Oceans and Fisheries, perform the affairs of survey, etc. under the subparagraphs of paragraph (1) for the ships only registered or to be registered on the register (hereinafter referred to as "classification-registered ships") administered by the relevant classification society. In such cases, the Minister of Oceans and Fisheries shall enter into an agreement with the classification society, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(3) The term of agreements under the latter part of paragraph (1) and the latter part of paragraph (2) shall be within five years and may be extended, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) When the Authority and classification society perform affairs of survey, etc. on behalf of the Minister of Oceans and Fisheries under paragraphs (1) and (2), they shall formulate their own regulations of survey related to the delegation and obtain approval from the Minister of Oceans and Fisheries on them. This shall also apply to the modification of approved matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
 Article 61 (Measures According to Frustration of Delegated Affairs)
When it is recognized that a frustration occurs or is apprehended to occur in performance of the delegation for the affairs of survey, etc. by the Authority and the classification society under Article 60 (1) and (2), the Minister of Oceans and Fisheries may directly perform the affairs or have a person designated by him/her perform the affairs on his/her behalf. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 62 (Supervision on Delegated Affairs)
(1) When the Authority and the classification society violate any agreement under the latter part of Article 60 (1) and the latter part of Article 60 (2), the Minister of Oceans and Fisheries may cancel or suspend the delegation for the relevant affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for the requirements for cancelling or suspending the delegation under paragraph (1) shall be prescribed by Presidential Decree.
(3) Matters necessary for the guidance, supervision, etc. of the Authority and the classification society relating to performing the delegation for the affairs of survey, etc. under Article 60 (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 15002, Oct. 31, 2017>
 Article 63 Deleted. <by Act No. 15002, Oct. 31, 2017>
 Article 64 (Delegation for Examination, etc. of Containers)
(1) The Minister of Oceans and Fisheries may have an agency prescribed and publicly notified by him/her (hereinafter referred to as "agency for examination, etc. of containers"), as a person suitable for the standard of designation prescribed and publicly notified by him/her, perform the following affairs on his/her behalf: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Examination of container under Article 23 (4);
2. Marks of confirmation on container type approval plates under Article 23 (5).
(2) Matters concerning the delegation and cancellation of delegation of an agency for examination, etc. of containers under paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for guidance and supervision of an agency for examination, etc. of containers shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 65 (Delegation for Examination and Approval Related to Dangerous Goods)
(1) The Minister of Oceans and Fisheries may have an agency prescribed and publicly notified by him/her (hereinafter referred to as "agency for examination, etc. of dangerous goods"), as a person suitable for the standard of designation prescribed and publicly notified by him/her, perform the survey and approval concerning the loading, transport, storage, etc. of dangerous goods under Article 41 (2) on his/her behalf. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Matters concerning the delegation and cancellation of delegation of an agency for examination, etc. of dangerous goods under paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for guidance and supervision of an agency for examination, etc. of dangerous goods shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 66 (Recognition of Surveys Conducted by Foreign Governments, etc.)
(1) Where the provisions of the statutes related to the safety of ships in force in the relevant country to which a foreign ship belongs are equivalent to the standards of international conventions or this Act or higher than that, the affairs of survey, etc. on the relevant foreign ship conducted by the relevant foreign government or an agency (hereinafter referred to as "foreign government, etc.") designated by the foreign government shall be deemed the affairs of survey, etc. under this Act. <Amended by Act No. 15002, Oct. 31, 2017>
(2) Certificates issued by foreign governments, etc. after having performed affairs of survey, etc. under paragraph (1) shall be deemed to have an effect equivalent to a certificate issued under this Act: Provided, That the same shall not apply to certificates issued by a foreign country, etc. which does not recognize the effect of a certificate issued under this Act.
 Article 67 (Liability of Compensation of Agency)
(1) When the Authority, the classification society, an agency for examination, etc. of containers, and an agency for survey, etc. of dangerous goods (hereinafter referred to as "agency for survey") cause damage to a third party illegally in performing the relevant delegated affairs, the State shall compensate the third party for such damage.
(2) With respect to the compensation for damage under paragraph (1), the State may claim the relevant agency for survey for indemnification when there is an intention or gross negligence by the agency for survey.
(3) The claim for indemnification against an agency for survey under paragraph (2) shall be limited to the amount prescribed by Presidential Decree: Provided, That no limit of claim amount shall apply to any damage caused by a reckless act or omission knowing the intention of the agency for survey or acknowledging worries about the occurrence of the damage. <Amended by Act No. 15002, Oct. 31, 2017>
CHAPTER IX PORT STATE CONTROL
 Article 68 (Port State Control)
(1) The Minister of Oceans and Fisheries may ascertain whether the structure, facilities, methods of transporting cargoes, ship navigation knowledge, etc. of the crew of a foreign ship are suitable for the international conventions concerning the safety of ships prescribed by Presidential Decree and take necessary measures therefor (hereinafter referred to as "port State control"). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(2) Where exercising the port State control under paragraph (1), the Minister of Oceans and Fisheries may have public officials under his/her direct control aboard a foreign ship entering or scheduled to enter any port of the Republic of Korea perform it. In such cases, the navigation of the relevant ship shall not be unduly delayed. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) As a result of the port State control under paragraph (1), when it is recognized that the structure, facilities, methods of transporting cargoes, ship navigation knowledge, etc. of the crew of a foreign ship fail to meet the standards of the international conventions under paragraph (1), the Minister of Oceans and Fisheries may issue an order to take necessary corrective measures to the relevant ship, such as repair, etc. <Amended by Act No. 852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(4) As a result of the port State control under paragraph (1), when it is determined that defects related to the structure, facilities, methods of transporting cargoes, ship navigation knowledge, etc. of the crew of a ship are apprehended to cause substantial danger to the relevant ship or the persons aboard the ship, the Minister of Oceans and Fisheries may order an embargo on such ship. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(5) Where a shipowner of a foreign ship is dissatisfied with an order for corrective measures or an order for embargo under paragraphs (3) and (4), the shipowner may file an objection with the Minister of Oceans and Fisheries with the reasons of dissatisfaction entered therein within 90 days from the date he/she has received the relevant orders. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) Upon receipt of an objection under paragraph (5), the Minister of Oceans and Fisheries shall have public officials under his/her control directly investigate whether the relevant order for corrective measures or the order for embargo is illegal or unjust; and shall notify the applicant of the result thereof within 60 days: Provided, That in extenuating circumstances, the deadline of notification may be extended by up to 30 days. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(7) A person dissatisfied with an order for corrective measures or an order for embargo shall not commence administrative litigation without following the procedure for filing an objection under paragraphs (5) and (6): Provided, That the same shall not apply where he/she falls under Article 18 (2) and (3) of the Administrative Litigation Act.
(8) Matters necessary for measures for a foreign ship and filing objections under paragraphs (3) through (7) shall be prescribed by Presidential Decree.
 Article 69 (Foreign Port State Control, etc.)
(1) A shipowner shall conform to the related provisions of international conventions so as not to be pointed out the defects of a ship by the port State control of a foreign port State authority.
(2) Where a ship of the Republic of Korea which has received a disposition of embargo by the port State control of a foreign port State authority enters a port of Korea, the Minister of Oceans and Fisheries may check up (hereinafter referred to as "special checkup") the structure, facilities, etc. of the relevant ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where necessary, such as where a foreign government requests verification, a special checkup may be performed in a foreign country. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where measures to prevent embargo at a foreign port are deemed necessary for the following ships of the Republic of Korea, the Minister of Oceans and Fisheries may perform a special checkup on the structure, facilities, etc. of the related ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. A bulk cargo ship and a ship transporting dangerous goods, the age of which exceeds 15 years;
2. Other ships prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) Where deemed necessary for securing the safety of a ship as a result of a special checkup under paragraphs (2) and (3), the Minister of Oceans and Fisheries may issue an order of suspension of navigation or an order of correction and supplement to a shipowner of the relevant ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 70 (Publication)
For a ship of the Republic of Korea which has received an order of embargo by the port State control of a foreign port State authority, the Minister of Oceans and Fisheries may publish the name of such ship, its gross tonnage, the fact of embargo, etc. of the relevant ship, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
CHAPTER X SPECIAL SURVEYS, ETC.
 Article 71 (Special Surveys)
(1) Where a terrible marine accident arises or similar accidents have arisen continuously due to any defect of structure, facilities, etc. of ships, the Minister of Oceans and Fisheries may conduct a survey (hereinafter referred to as "special survey") for the structure, facilities, etc. of the related ships, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(2) Where the Minister of Oceans and Fisheries intends to conduct a special survey under paragraph (1), he/she shall publicly notify necessary matters, such as the scope of ships subject to a special survey and matters of arrangements of a shipowner, 30 days prior to the special survey; and shall directly notify the relevant shipowner thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where deemed necessary for securing the safety of a ship as a result of a special survey under paragraph (1), the Minister of Oceans and Fisheries may issue an order to suspend navigation or an order to correct and supplement to an owner of the relevant ship, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Articles 15 (1) and 16 (3) shall apply mutatis mutandis to a ship that has undergone a special survey under paragraph (1). In such cases, "ship survey" in Article 15 (1) and "interim survey and temporary survey under Article 10 (1) 6" in Article 16 (3) shall be construed as "special survey," respectively. <Amended by Act No. 15002, Oct. 31, 2017>
 Article 72 (Re-Surveys, etc.)
(1) When a person who has undergone an survey, examination, and verification of the agency for survey under Articles 60 (1) and (2) (including where the Minister of Oceans and Fisheries directly performs the survey or a person designated by him/her performs the survey on his/her behalf under Article 61), 64 (1), and 65 (1) is dissatisfied with the result thereof, the person may apply for re-survey, re-examination, and re-verification with the Minister of Oceans and Fisheries with the grounds for such application within 90 days from the date the person has been notified of the result thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(2) Upon receipt of an application for re-survey, re-examination, and re-verification under paragraph (1), the Minister of Oceans and Fisheries shall have public officials under his/her control directly perform the re-survey, etc.; and shall notify the applicant of the result thereof within 60 days: Provided, That in extenuating circumstances, the deadline of notification may be extended by up to 30 days. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) A person dissatisfied with a survey, examination, and confirmation by an agency for survey shall not commence administrative litigation without undergoing the procedures for re-survey, re-examination, and re-verification under paragraphs (1) and (2): Provided, That in cases falling under Article 18 (2) and (3) of the Administrative Litigation Act, the same shall not apply.
CHAPTER XI SUPPLEMENTARY PROVISIONS
 Article 73 (Ship Surveys of Classification Societies)
A classification-registered ship shall be deemed to have undergone a ship survey under this Act for only the ship's facilities and full load draft line prescribed by Ordinance of the Ministry of Oceans and Fisheries and to have passed such ship survey. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 74 (Verification following Report of Defects, etc.)
(1) When anyone has discovered any defect in seaworthiness and safety facilities of a ship, he/she shall report the details of such defects to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015>
(2) When the Minister of Oceans and Fisheries has been reported under paragraph (1), he/she shall have the public officials under his/her control verify the fact thereof without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where the continuous use of the ship for navigation is deemed to apprehend to cause danger to the relevant ship and the persons aboard the ship because the contents of the defects are serious as a result of verification under paragraph (2), the Minister of Oceans and Fisheries may order the embargo until the relevant defects are rectified, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) No one shall inform others of personal information of any person who has reported under paragraph (1) or the facts by which he/she is known as a reporting person, disclose them to the public, or report them.
 Article 75 (Order for Report and Presentation of Data, etc.)
(1) In any of the following cases, the Minister of Oceans and Fisheries may order a shipowner, a designated thickness measuring company; a person who has obtained type approval under Article 18 (1); a type-approval testing laboratory under Article 18 (3); a person designated as a recognized manufacturing (maintenance) factory under Article 20 (1); a person who has undergone a preliminary survey under Article 22 (1); a person who has obtained type approval of containers under Article 23 (1); a safety checkup business operator under the latter part of Article 24 (1); a consignor or the captain of a ship under Article 36 (2); a harbor facility operator or a lessee under Article 30 (1) of the Harbor Act; the Authority; the classification society; an agency for examination, etc. of containers; an agency for inspection, etc. of dangerous goods (hereinafter in this Article, referred to as "shipowner, etc."), to make necessary report, or submit necessary data: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015; Act No. 15002, Oct. 31, 2017>
1. Where it is necessary in connection with guidance and supervision under Articles 14 (7), 18 (11), 20 (5), 23 (7), 24 (3), 64 (2), and 65 (2);
2. Where it is necessary in connection with facilities for seaworthiness of ships and safety of human life, and measures to prevent danger at sea;
3. Where it is necessary in connection with supervision under Article 60 (1) and (2).
(2) When deemed impracticable to attain the objectives of subparagraphs of paragraph (1) as a result of the examination of the contents of report and the contents of data submitted under paragraph (1), the Minister of Oceans and Fisheries may have the public officials under his/her control directly access the relevant ship or place of business to inspect books, documents, and facilities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where the Minister of Oceans and Fisheries conducts inspection under paragraph (2), he/she shall notify a shipowner, etc. of the inspection plan including inspector, date, time, reasons, details, etc. of inspection, seven days prior to such inspection: Provided, That where it is urgently requested according to the navigation itinerary, etc. of a ship or it is deemed difficult to attain the objectives of the subparagraphs of paragraph (1) due to the destruction of evidence, etc. in cases of prior notification, the same shall not apply. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) A public official who performs an inspection under paragraph (2) shall carry a certificate evidencing his/her authority and produce it to interested parties, and give a document indicating the name, time of access, purpose of access, etc. to interested parties when accessing the relevant ship or place of business.
(5) When it is deemed that this Act or an order issued under this Act has been violated, as a result of inspection of a ship or a place of business under paragraph (2), the Minister of Oceans and Fisheries may order the suspension of navigation or make a disposition related to the repair and supplement for the relevant ship or place of business, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) Where the Minister of Oceans and Fisheries has ordered the suspension of navigation, etc. under paragraph (5), he/she shall release the order as soon as the grounds for such order are solved.
(7) In addition to the reports referred to in paragraph (1), an agency for survey shall report its performance of delegated business to the Minister of Oceans and Fisheries for each period prescribed and publicly notified by the Minister of Oceans and Fisheries. <Newly Inserted by Act No. 15002, Oct. 31, 2017>
 Article 76 (Ship Survey Officers)
Where necessary, the Minister of Oceans and Fisheries may appoint a qualified public official prescribed by Ordinance of the Ministry of Oceans and Fisheries under his/her control as a ship survey officer, and have him/her perform the following affairs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
1. Affairs concerning shipbuilding surveys, periodic surveys, interim surveys, temporary surveys, temporary navigation surveys, international convention surveys, surveys of the suitability of loading methods of dangerous goods under Article 41 (2), reinforcement surveys, tugboat navigation surveys, special checkups, special surveys, and re-surveys, re-examinations, and re-verifications under Article 72 (2);
2. Affairs concerning examining ship's articles or small ships under Article 18 (9), the confirmation of ship's articles or small ships under the proviso to Article 20 (3), and examining containers under Article 23 (4);
3. Affairs concerning direct performance according to frustration of delegated affairs under Article 61;
4. Affairs concerning the port State control under Article 68;
5. Affairs concerning verifying the fact of defect reports under Article 74 (2);
6. Affairs concerning accessing and inspecting ships or places of business under Article 75 (2).
 Article 76-2 (Restriction on Employment of Ship Survey Officers)
Notwithstanding Article 17 of the Public Service Ethics Act, a public official who has experience as a ship survey officer for five years immediately before his/her retirement shall not be a ship surveyor unless two years pass after the date of retirement.
[This Article Newly Inserted by Act No. 12999, Jan. 6, 2015]
 Article 77 (Ship Surveyors)
(1) The Authority and the classification society performing delegated affairs under Article 60 (1) and (2) may employ a ship surveyor who performs the relevant delegated affairs directly. <Amended by Act No. 9871, Dec. 29, 2009>
(2) Matters necessary for the eligibility, job responsibilities, etc. of ship surveyors under (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 9871, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013>
(3) When a ship surveyor violates this Act or any order issued under this Act in performing any of his/her duties, the Minister of Oceans and Fisheries may request the Authority or the classification society to dismiss him/her or to suspend his/her duties for a fixed period of up to one year. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) When the Authority or the classification society is requested to dismiss a ship surveyor or suspend his/her duties under paragraph (3), it shall take the measures for the relevant ship surveyor without delay and inform the Minister of Oceans and Fisheries of the result thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9871 Dec. 29, 2009; Act No. 11690, Mar. 23, 2013>
 Article 78 (Hearings)
Where the Minister of Oceans and Fisheries intends to take any of the following dispositions, he/she shall hold a hearing, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:
1. Cancelling the designation, or suspending the business, of a designated thickness measuring company under Article 14 (5);
2. Cancelling the type approval of ships' articles that have obtained type approval, or suspending the effect thereof under Article 19 (1);
3. Cancelling the designation of a type-approval testing laboratory, or suspending the effect thereof under Article 19 (2);
4. Cancelling the designation of a recognized manufacturing (maintenance) factory, or suspending the effect thereof under Article 21 (1);
5. Cancelling type approval of container or suspending the effect thereof under Article 23 (6);
6. Cancelling the designation of a professional education institution of safe transport of dangerous goods, or suspending the effect thereof under Article 41-2 (4);
7. Cancelling or suspending delegation of the Authority and a classification society under Article 62 (1);
8. Cancelling or suspending delegation of an agency for examination, etc. of containers under Article 64 (2);
9. Cancelling or suspending delegation of an agency for examination, etc. of dangerous goods under Article 65 (2);
10. Requesting to dismiss a ship surveyor or to suspend his/her duties under Article 77 (3).
[This Article Wholly Amended by Act No. 15002, Oct. 31, 2017]
 Article 79 (Investigations and Research)
The Minister of Oceans and Fisheries may conduct necessary investigation and research for effectively performing affairs concerning international conventions related to the seaworthiness of ships and securing the safety of human life and the safety of ships. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 80 (Fees)
(1) Any of the following persons shall pay the Minister of Oceans and Fisheries a fee, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where an agency for survey performs the affairs of survey, confirmation, examination, approval, etc. under this Act on behalf of the Minister of Oceans and Fisheries, he/she shall pay the relevant agency a fee prescribed by the relevant agency: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015; Act No. 15002, Oct. 31, 2017>
1. A person who files an application for shipbuilding surveys, ship surveys, special shipbuilding surveys, or international convention surveys;
2. A person who files an application for approval of drawings under Article 13 (1);
3. A person who files an application for permission for modification under Article 15 (2);
4. A person who files an application for type approval or approval on modification thereof under Article 18 (1) and (4);
5. A person who files an application for examination of ship's articles or small ships under Article 18 (9);
6. A person who files an application for designation of a recognized manufacturing (maintenance) factory under Article 20 (1);
7. A person who files an application for confirmation under the proviso to Article 20 (3);
8. A person who files an application for preliminary survey under Article 22 (1);
9. A person who files an application for approval of drawings under Article 22 (2);
10. A person who files an application for type approval of containers or approval on modification thereof under Article 23 (1) and (3);
11. A person who files an application for examination of containers under Article 23 (4);
12. A person who files an application for approval of safety checkup method under Article 24 (1);
13. A person who files an application for approval of data of restitution under Article 28 (2);
14. A person who files an application for confirmation of limited loads, etc. under Article 34 (1);
15. A person who files an application for approval of a guide book of loading, anchoring, and lashing of cargo under Article 39 (1);
16. A person who files an application for survey or approval concerning the suitability of dangerous goods under Article 41 (2);
17. A person who files an application for reinforcement surveys or tugboat navigation surveys;
18. A person who files an application for issuance or re-issuance of a certificate, etc. under Articles 7 (2), 8 (2), 10 (3), 11 (2), 12 (2) and (4), 18 (10), 20 (4), and 22 (3), the latter part of Article 23 (4), Articles 34 (2) and 43 (2).
(2) Deleted. <by Act No. 15002, Oct. 31, 2017>
(3) Where an agency for survey collects a fee under the proviso to paragraph (1) and paragraph (2), it shall set the standard thereof and obtain approval from the Minister of Oceans and Fisheries. The same shall also apply when it is intended to modify approved matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15002, Oct. 31, 2017>
(4) Where an agency for survey collects a fee under the proviso to paragraph (1) and paragraph (2), such income shall become the revenue of an agency for survey. <Amended by Act No. 15002, Oct. 31, 2017>
(5) With respect to a ship which has been ordered to take the corrective measures or the embargo under Article 68 (3) and (4) due to any defect discovered as a result of the port State control under Article 68, the Minister of Oceans and Fisheries may collect a fee necessary for confirmation, etc. of the correction of the defect, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) Where a special checkup is performed in a foreign country under the proviso to Article 69 (2), the Minister of Oceans and Fisheries may collect fees for necessary facilities, such as airfares. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 81 (Delegation of Authority)
The authority of the Minister of Oceans and Fisheries may be partially delegated to the heads of agencies under his/her control, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 15002, Oct. 31, 2017]
 Article 82 (Legal Fiction of Public Official for Purposes of Penalty Provisions)
An executive and an employee of an agency for survey under Article 60 (1) and (2), 64 (1), or 65 (1) shall be deemed a public official for the purposes of penalty provisions applied under Articles 129 through 132 of the Criminal Act.
CHAPTER XII PENALTY PROVISIONS
 Article 83 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment for not exceeding three years or by a fine not exceeding 30 million won: <Amended by Act No. 12999, Jan. 6, 2015; Act No. 15002, Oct. 31, 2017>
1. A person who fails to undergo a shipbuilding survey in violation of Article 7;
2. A person who undergoes a shipbuilding survey, ship survey, or international convention survey agreement under Articles 7 through 12 deceitfully or otherwise fraudulently;
2-2. A person who measures thickness of hulls under Article 63 deceitfully or otherwise fraudulently;
3. A shipowner who modifies or remodels the structure arrangement, machinery, facilities, etc. of the relevant ship after a shipbuilding survey or ship survey, in violation of Article 15 (1) (including cases applied mutatis mutandis under Article 43 (4));
4. A shipowner who modifies the length, width, depth, and use of a ship or remodels the facilities thereof without obtaining permission from the Minister of Oceans and Fisheries, in violation of Article 15 (2);
5. A person who obtains type approval and approval on modification thereof, and passes the examination under Article 18 (1), (4), and (9) deceitfully or otherwise fraudulently;
6. A person who is designated as a recognized manufacturing (maintenance) factory under Article 20 (1) deceitfully or otherwise fraudulently;
6-2. A person who issues a certificate of the passing of survey standard under Article 20 (4) or a mark indicating the passing of its own survey standard deceitfully or otherwise fraudulently;
7. A person who undergoes a preliminary survey under Article 22 (1) deceitfully or otherwise fraudulently;
8. A person who obtains type approval of container or approval for modification thereof, and passes the examination under Article 23 (1), (3), and (4) deceitfully or otherwise fraudulently;
9. A person who transports passengers or cargo exceeding the full load draft line, in violation of Article 27 (2);
10. A person who uses a ship for navigation without maintaining restitution, in violation of Article 28 (1);
11. A person who loads, anchors, and lashes cargo failing to comply with the details approved, in violation of Article 39 (2);
12. A person who undergoes a reinforcement survey under Article 42 (1) deceitfully or otherwise fraudulently;
13. A person who undergoes a tugboat navigation survey under Article 43 (1) deceitfully or otherwise fraudulently;
13-2. A person who conducts affairs of survey, etc. under Article 60 (1) deceitfully or otherwise fraudulently;
13-3. Deleted; <by Act No. 15002, Oct. 31, 2017>
13-4. A person who conducts examination, etc. of containers under Article 64 deceitfully or otherwise fraudulently;
13-5. A person who conducts surveys and approval related to dangerous goods under Article 65 deceitfully or otherwise fraudulently;
14. A person who informs others or discloses to the public or reports, in violation of Article 74 (4).
 Article 84 (Penalty Provisions)
(1) A shipowner, captain, or employee of a ship who commits any of the following offences shall be punished by imprisonment for not exceeding one year or by a fine not exceeding ten million won: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9871 Dec. 29, 2009; Act No. 11690, Mar. 23, 2013; Act No. 12999, Jan. 6, 2015; Act No. 15002, Oct. 31, 2017>
1. When he/she uses a ship for navigation beyond the navigation zone entered in the relevant ship survey certificate under Article 8 (2);
2. When he/she uses a ship for navigation with persons on board exceeding the maximum number of persons on board entered in the relevant ship survey certificate under Article 8 (2);
3. When he/she uses a ship for navigation in violation of the designated position of the full load draft line entered in the relevant ship survey certificate under Article 8 (2);
4. Deleted; <by Act No. 12999, Jan. 6, 2015>
5. When he/she uses a ship for navigation without a ship survey certificate, etc. or with the ship survey certificate, etc. of which effect has been suspended, in violation of Article 17 (1);
6. When he/she uses a ship for navigation in violation of the conditions related to navigation entered in the relevant ship survey certificate, etc., in violation of Article 17 (2);
6-2. When he/she loads on the ship a container which has no container type approval plate attached thereto and use such container for transportation of cargoes, in violation of Article 23 (8);
6-3. When he/she fails to perform the safety checkup of containers, in violation of Article 24 (1);
6-4. When he/she uses a container without performing the safety checkup of the container, in violation of Article 25 (1);
7. Deleted; <by Act No. 9871 Dec. 29, 2009>
8. When he/she hides, modifies, or erases the mark of the full load draft line, in violation of Article 27 (1);
9. Deleted; <by Act No. 12999, Jan. 6, 2015>
10. When he/she uses a ship without being equipped with radio communication facilities, in violation of Article 29 (3);
11. When he/she fails to report defects of a ship under Article 74 (1).
(2) When a captain commits any violation referred to in paragraph (1) concerning the affairs of a shipowner, not only shall the captain be punished, but the shipowner also shall be fined under the same paragraph: Provided, That where the shipowner has not been negligent in giving due attention and supervision concerning the relevant affairs in order to prevent such violation, the foregoing shall not apply. <Amended by Act No. 9871 Dec. 29, 2009>
(3) When a crewmember of a ship, other than its captain, commits any violation referred to in paragraph (1), not only shall the relevant crewmember of the ship be punished, but the captain also shall be fined under the same paragraph: Provided, That where the captain has not been negligent in giving due attention and supervision concerning the relevant affairs in order to prevent such violation, the foregoing shall not apply. <Amended by Act No. 9871 Dec. 29, 2009>
(4) When a proxy (including a representative where a shipowner is a corporation), employee, or other servant (excluding the ship’s crewmembers) of a shipowner commits any violation referred to in paragraph (1) concerning the affairs of the shipowner, not only shall the proxy, employee, or other servant be punished, but the shipowner also shall be fined under the same paragraph: Provided, That where the shipowner has not been negligent in giving due attention and supervision concerning the relevant affairs in order to prevent such violation, the foregoing shall not apply. <Amended by Act No .9871 Dec. 29, 2009>
 Article 85 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding ten million won: <Amended by Act No. 9446, Feb. 6, 2009; Act No. 12999, Jan. 6, 2015>
1. A person who undergoes a survey or obtains approval concerning the suitability of loading, transport, or storage method of dangerous goods under Article 41 (2) deceitfully or otherwise fraudulently;
1-2. A person who divulges or uses any confidential information that he/she learns in the course of performing any of his/her duties, in violation of Article 58-2;
2. A person who fails to comply with an order issued under Article 69 (4);
3. A person who fails to comply with an order issued under Article 71 (3);
4. Deleted; <by Act No. 12999, Jan. 6, 2015>
5. A person who fails to comply with an order to embargo issued under Article 74 (3);
6. A person who makes a false report or submits false data, in violation of Article 75 (1);
7. A person who refuses, hinders, or evades the access of a public official under Article 75 (2) without justifiable grounds;
8. A person who fails to comply with disposition under Article 75 (5).
 Article 86 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 12999, Jan. 6, 2015>
1. Deleted; <by Act No. 12999, Jan. 6, 2015>
1-2. A person who receives and loads cargoes exceeding the maximum gross weight marked on a container type approval plate, in violation of Article 39 (4);
2. A person who tows a barge, a structure, etc. without having undergone a tugboat navigation survey, in violation of Article 43 (1);
3. A person who uses highly inflammable fuel oil, lubricating oil, etc. on a ship, in violation of Article 44.
 Article 87 (Exception to Application of Penalty Provisions)
Penalty provisions applicable to a shipowner who has violated this Act and the orders issued under this Act shall not apply when a shipowner is the State or a local government.
 Article 88 (Application of Penalty Provisions)
The provisions of this Act concerning a shipowner in the application of penalty provisions shall apply to a custodian of a ship when a custodian has been appointed in cases of co-ownership of a ship, to a lessee of the ship in cases of lease of such ship, to a person who is substantially in charge of management and operation of the ship in cases of charter of the ship, respectively; and the provisons concerning a captain shall apply to a person who performs the duties of the captain on be half of him/her.
 Article 89 (Administrative Fines)
(1) Deleted. <by Act No. 12999, Jan. 6, 2015>
(2) Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 9446, Feb. 6, 2009; Act No. 9871, Dec. 29, 2009; Act No. 10271, Apr. 15, 2010; Act No. 11808, May 22, 2013; Act No. 12999, Jan. 6, 2015; Act No. 15002, Oct. 31, 2017>
1. A person who fails to undergo a ship survey without justifiable grounds;
2. A person who fails to keep the approved drawings in a ship, in violation of Article 13 (4);
3. Deleted; <by Act No. 12999, Jan. 6, 2015>
3-2. A person who fails to keep a ship survey certificate, etc. in a ship (excluding a small ship), in violation of Article 17 (3);
4. A person who fails to take custody of the ship’s articles which passed the type approval test or the test of approval on modification under Article 18 (8);
5. and 6. Deleted; <by Act No. 12999, Jan. 6, 2015>
7. A person who fails to provide a captain with the data of restitution, in violation of Article 28 (2);
8. A person who hinders or interferes in the professional judgement of a captain, in violation of Article 31;
9. A person who fails to keep the publication for navigation in a ship, in violation of Article 32;
10. A person who fails to secure the view of the pilothouse, in violation of Article 33 (1);
11. A person who fails to install a communication system between the pilothouse and the place where the steering gear is installed, in violation of Article 33 (2);
12. A person who fails to mark the limited load, etc., in violation of Article 34 (3);
13. A person who uses loading and unloading facilities in violation of the matters, such as the limited load, etc., in violation of Article 34 (4);
14. A person who fails to keep the documents, such as inspection register of loading and unloading facilities, etc. in a ship, in violation of Article 35 (2);
15. A person who fails to provide information concerning cargoes, in violation of Article 36 (1) or (2);
16. A person who fails to provide a captain with instruments measuring the concentration of poisonous gases or oxygen and operating manuals therefor, in violation of Article 37;
17. A person who fails to take safety measures, in violation of Article 38;
18. Deleted; <by Act No. 12999, Jan. 6, 2015>
19. A person who fails to take safety measures, in violation of Article 39 (3);
20. Deleted; <by Act No. 12999, Jan. 6, 2015>
21. A person who fails to provide a captain with information concerning restitution of the ship, the nature of the cargo, and the loading method, in violation of Article 40 (1);
22. A person who fails to take safety measures, in violation of Article 40 (2);
23. A person who loads, transports, or stores dangerous goods, in violation of Article 41 (1);
24. A person who fails to undergo a survey or obtain approval concerning the suitability of loading, transporting, and storage method of dangerous goods under Article 41 (2) without justifiable grounds;
24-2. A person who handles dangerous goods without receiving education on safe transport of dangerous goods under Article 41-2 (1) without justifiable grounds;
25. A person who fails to undergo a reinforcement survey under Article 42 (1) without justifiable grounds;
26. A person who fails to keep a tugboat navigation certificate in the tugboat, in violation of Article 43 (3);
26-2. A person who uses a similar name, in violation of Article 58-3;
27. A shipowner of a ship of the Republic of Korea which has been embargoed due to the port State control of a foreign State authority, in violation of Article 69 (1);
28. Any of the following persons who fails to report or submit data prescribed in Article 75 (1) without justifiable grounds:
(a) A shipowner;
(b) A type-approval testing laboratory under Article 18 (3);
(c) A person who obtains type approval of containers under Article 23 (1);
(d) A safety checkup business operator under the latter part of Article 24 (1).
(3) A captain of a ship which fails to operate a ship location transmitter under Article 30 (1) without justifiable grounds shall be punished by an administrative fine not exceeding one million won.
(4) Administrative fines provided for in paragraphs (1) through (3) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9871, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013>
(5) and (6) Deleted. <by Act No. 9446, Feb. 6, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force ten months after the date of its promulgation: Provided, That the amended provisions of Chapter VII shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Additionally Applicable Ship, etc.)
(1) A ship the gross tonnage of which does not exceed two tons, a ship with no propulsion machinery installed as a ship the gross tonnage of which does not exceed five tons, a sailing ship the gross tonnage of which does not exceed five tons and a floating maritime structure (hereafter referred to as the "additionally applicable ship" in this Article) newly subject to the application of this Act under the amended provisions of Article 3 (1) shall be governed by this Act from the ship to be built after October 1, 2008.
(2) Notwithstanding paragraph (1), this Act shall be applied to an additionally applicable ship built or a ship of which building has commenced prior to October 1, 2008 from the date based on the following:
1. Longer than seven meters in length: April 1, 2009;
2. Longer than six meters and shorter than seven meters in length: April 1, 2010;
3. Shorter than six meter in length: April 1, 2011.
(3) Additionally applicable ships under the subparagraphs of paragraph (2) shall be deemed to have undergone a shipbuilding survey under the amended provisions of Article 7 (1).
Article 3 (Applicability to Securing View of Pilothouse)
The amended provisions of Article 33 (1) shall apply from the ship for which a shipbuilding contract is made after the date this Act enters into force.
Article 4 (Applicability to Loading and Unloading Facilities Subject to Survey)
With respect to a ship which has been exempted from the designation of a limited load, etc. for the loading and unloading apparatus and outfits under the former provisions as at the time this Act enters into force, the amended provisions of Article 34 (1) shall apply from the first ship which undergoes the periodic survey or the Class 1 interim survey after this Act enters into force.
Article 5 (Applicability to Provisions of Measuring Instruments of Concentration of Poison Gas)
The amended provisions of Articles 37 and 42 shall apply from the first ship which undergoes the periodic survey or Class 1 interim survey after this Act enters into force.
Article 6 (General Transitional Measures)
The disposition and other conduct performed by an administrative agency or various applications and other conduct performed to an administrative agency under the former provisions as at the time this Act enters into force shall be deemed the conduct performed by an administrative agency or the conduct performed to an administrative agency under this Act equivalent to the said provisions.
Article 7 Deleted. <by Act No. 9871, Dec. 29, 2009>
Article 8 (Transitional Measures concerning Shipbuilding Surveys, etc.)
(1) Where a ship has undergone the manufacturing survey under the former provisions as at the time when this Act enters into force, the ship shall be deemed to have undergone a shipbuilding survey under this Act.
(2) Where the design drawings of a ship have been examined under the former provisions as at the time when this Act enters into force, it shall be deemed to have obtained the approval of the drawings under this Act.
(3) Where a ship has undergone a ship survey under the former provisions as at the time when this Act enters into force, it shall be deemed to have undergone the ship survey and international navigation survey under this Act.
(4) Where it has been recognized as an excellent factory under the former provisions as at the time when this Act enters into force, it shall be deemed to have been designated as excellent factory under this Act.
Article 9 (Transitional Measures concerning Container)
A container used for transport of cargo of a ship without having obtained type approval as at the time when this Act enters into force, notwithstanding the amended provisions of Article 23 (8), may be loaded on a ship only which is not placed on international voyage by December 31, 2011.
Article 10 (Transitional Measures concerning Mark of Full Load Draft Line)
A ship exempted from the mark of the full load draft line under the former provisions as at the time when this Act enters into force, notwithstanding the amended provisions of Article 27, shall conform to the former provisions: Provided, That where the modifications in length, width and depth of the relevant ship have been made, the same shall not apply.
Article 11 (Transitional Measures concerning Maintenance of Restitution, etc.)
(1) A ship exempted from maintaining restitution under the former provisions as at the time when this Act enters into force, notwithstanding the amended provisions of Article 28, shall conform to the former provisions: Provided, That where the modifications in length, width and depth of the relevant ship have been made, the same shall not apply.
(2) The data for restitution with which a shipowner has provided a captain under the former provisions as at the time when this Act enters into force, shall be deemed to have been provided under the amended provisions of Article 28 (2).
Article 12 (Transitional Measures concerning Verifying Loading and Unloading Facilities)
Where a limited load, etc. on a loading and unloading apparatus and outfits have been designated under the former provisions as at the time when this Act enters into force, it shall be deemed that the loading and unloading facilities have been verified under this Act.
Article 13 (Transitional Measures concerning Authority)
(1) The Ship Inspection Technology Association under the former provisions as at the time when this Act enters into force, shall be deemed as the Korea Ship Safety Technology Authority established under the amended provisions of Article 45.
(2) The chairperson, directors and auditor of the Ship Inspection Technology Association appointed under the former provisions as at the time when this Act enters into force, shall be deemed the chairperson, directors and auditor of the Authority appointed, respectively, under this Act until the terms of their offices expire under the former provisions.
(3) The conduct or other legal relations engaged by the Ship Inspection Technology Association as at the time when this Act enters into force, shall be deemed to have been made by the Korea Ship Safety Technology Authority.
(4) The property, rights and obligations of the Ship Inspection Technology Association as at the time when this Act enters into force, shall be comprehensively taken over by the Authority at the same time when the Authority is established. In such cases, the value of the property the Authority has acquired shall be the book value at the time when the Authority acquires such property.
(5) The name of the Ship Inspection Technology Association on the register and other public records as at the time when this Act enters into force, shall be deemed the name of the Korea Ship Safety Technology Authority.
(6) Where the Ship Inspection Technology Association has been cited in other statutes as at the time when this Act enters into force, it shall be deemed that the Korea Ship Safety Technology Authority has been cited in lieu of the Ship Inspection Technology Association.
Article 14 (Transitional Measures concerning Delegation for Affairs of Surveys, etc.)
With respect to the affairs of survey, etc. for which the Authority and the classification society perform the delegation under the former provisions at the time when this Act enters into force, the Authority and the classification society shall have the effect on the said delegation until an agreement is made under the amended provisions of the latter part of Article 60 (1) and the latter part of Article 60 (2).
Article 15 (Transitional Measures concerning Penalty Provisions)
In application of penalty provisions for the conducts committed prior to the enforcement of this Act, the former provisions shall apply.
Article 16 Omitted.
ADDENDA <Act No. 8381, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 17 (2) of the Addenda shall enter into force on November 4, 2007.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9446, Feb. 6, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9871, Dec. 29, 2009>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (2) 3 and Article 7 of the Addenda to the Ship Safety Act (Act No. 8221) shall enter into force on November 4, 2010.
(2) (Transitional Measures concerning Penalty Provisions) In applying penalty provisions for the conducts committed prior to the enforcement of this Act, the former provisions shall apply.
ADDENDA <Act No. 10271, Apr. 15, 2010>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures) Any person who handles dangerous goods as at the time this Act enters into force shall receive education on safe transport of dangerous goods under the amended provisions of Article 41-2 (1) within one year after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11808, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
The imposition of administrative fines against offences committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 12999, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Recognized Manufacturing (Maintenance) Factories)
A person designated as an exemplary factory under the former provisions as at the time this Act enters into force shall be deemed designated as a recognized manufacturing (maintenance) factory under this Act.
Article 3 (Transitional Measures concerning Surveys)
The application for a survey filed with the Minister of Oceans and Fisheries under the former provisions as at the time this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 13002, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15002, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Limit of Claim Amount against Agency for Survey)
The amended provisions of the proviso to Article 67 (3) shall apply from the case where an agency for survey illegitimately causes damage to any other person in the course of performing delegated affairs after this Act enters into force.
Article 3 (Transitional Measures concerning Certificate of Type Approval, etc.)
(1) The term of validity of a certificate of type approval issued under former Article 18 (8) after obtaining type approval under former Article 18 (1) before this Act enters into force, shall be classified as follows:
1. Where not more than three years have passed from the date the certificate of type approval was issued, as at the time this Act enters into force: Five years from the date the certificate of type approval was issued;
2. Where three years have passed from the date the certificate of type approval was issued, as at the time this Act enters into force: Two years from the enforcement date of this Act.
(2) A written approval for modification of type approval issued under the former provisions of Article 18 (8) after obtaining approval for modification under the former provisions of Article 18 (4) (limited to where approval for modification is granted after undergoing a type approval test under the latter part of Article 18 (4)) before this Act enters into force, shall be deemed a certificate of type approval issued under the amended provisions of Article 18 (5). In such cases, the term of validity of such written approval for modification of type approval shall be classified as follows:
1. Where not more than three years have passed from the date a written approval for modification of type approval was issued, as at the time this Act enters into force: Five years from the date the written approval for modification of type approval was issued;
2. Where three years have passed from the date the written approval for modification of type approval was issued, as at the time this Act enters into force: Two years from the enforcement date of this Act.
Article 4 (Transitional Measures concerning Maintenance of Restitution of Ships)
Notwithstanding the amended provisions of Article 28 (1), any ship which left a port before this Act enters into force and is on the voyage shall be subject to the former provisions.
Article 5 (Transitional Measures concerning Agency for Measurement of Thickness)
An agency for measurement of thickness publicly notified pursuant to the former provisions of Article 63 (1) as at the time this Act enters into force shall be deemed a designated thickness measuring company publicly notified pursuant to the amended provisions of Article 14 (6).
Article 6 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to any act committed before this Act enters into force shall be governed by the former provisions.