CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to secure the safety and order of water-related leisure activities and to promote the sound development of water-related leisure business.
The definitions of terms used in this Act shall be as follows:
| 1. | The term "water-related leisure activities" means activities performed for hobbies, recreation, physical exercise, or education, etc. using water leisure crafts on the water; |
| 2. | The term "rafting" means water-related activities performed by rowing non-powered water leisure crafts to navigate a valley or river, which are usually done on rough water or white water; |
| 3. | The term "water leisure craft" means a boat or craft used for water-related leisure activities, as prescribed by Presidential Decree; |
| 4. | The term "power-driven water leisure craft" means a water leisure craft to which a propelling engine is attached, or to and from which a propelling engine can be attached or detached at any time, as prescribed by Presidential Decree; |
| 5. | The term "water-related" means the surface of seawater and inland waters; |
| 6. | The term "surface of seawater" means the flow or surface of the sea; |
| 7. | The term "surface of inland waters" means the flow or surface of rivers, dams, lakes, marshes, reservoirs, and any other artificially created freshwater or brackish water. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 3 (Exclusion from Application) |
| (1) | This Act shall not apply to the following cases: <Amended by Act No. 10458, Mar. 9, 2011> |
| (2) | Notwithstanding paragraph (1), Articles 12 and 13 shall apply, if other Acts prescribe the operator license under Article 4 as an requirement for qualification. <Newly Inserted by Act No. 10799, Jun. 15, 2011> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER II OPERATOR LICENSE
| Article 4 (Operator License) |
| (1) | Each person who controls an engine-powered water leisure craft shall pass a license examination under Article 6 and obtain an operator license for engine-powered water leisure craft (hereinafter referred to as "operator license") from the Commissioner of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | An operator license shall be classified as follows: |
| 1. | General operator license: Class 1 operator license, class 2 operator license; |
| (3) | In the case of general operator licenses, if a person who already acquired a class 2 operator license acquires a class 1 operator license, the class 2 operator license shall lose its effect. <Newly Inserted by Act No. 10799, Jun. 15, 2011> |
| (4) | Such matters as the standards, procedures and methods, etc. for operator licenses shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 4-2 (Special Cases concerning Operator License for Foreigners) |
| (1) | Where a foreigner who intends to do water-related leisure activities participates in an international competition held in Korea and operates water leisure crafts, Articles 4 (1) and 20 shall not apply. |
| (2) | Where a foreigner operates water leisure crafts pursuant to paragraph (1), necessary matters, including the type of water leisure crafts, period and place of operation, kind and size of the international competition, etc., shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 10799, Jun. 15, 2011]
| Article 5 (Disqualification, etc. from Obtaining Operator License) |
| (1) | None of the following persons shall obtain an operator license: <Amended by Act No. 10786, Jun. 7, 2011> |
| 1. | Persons under 14 years of age: Provided, That persons defined in Article 7 (1) 1 shall be excluded herefrom; |
| 2. | Psychopaths acknowledged to be incapable of doing water-related leisure activities (referring to psychopaths under subparagraph 1 of Article 3 of the Mental Health Act; the same shall apply hereinafter), as prescribed by Presidential Decree; |
| 3. | Narcotics addicts, psychotropic drug addicts or hemp addicts acknowledged to be incapable of doing water-related leisure activities (referring to narcotics, psychotropic drugs or marijuana under subparagraphs 2 through 4 of Article 2 of the Narcotics Control Act; the same shall apply hereinafter), as prescribed by Presidential Decree; |
| 4. | Persons for whom one year has not passed since their operator license was cancelled as prescribed in Article 13 (1); |
| 5. | Persons who controlled an engine-powered water leisure craft without obtaining an operator license in violation of the main body of Article 20 and for whom one year (four years for persons who have caused casualties and run without taking necessary measures, such as rescue, etc.) has not passed after such violation. |
| (2) | The heads of agencies having personal information, which are prescribed by Presidential Decree, shall notify the Commissioner of the Korea Coast Guard of such personal information as relating to disqualification from obtaining an operator license. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The details of and notification method for personal information to be notified to the Commissioner of the Korea Coast Guard as prescribed in paragraph (2) and other matters necessary for such notification shall be prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 6 (License Examinations) |
| (1) | Each person seeking to obtain an operator license shall pass an examination conducted by the Commissioner of the Korea Coast Guard (hereinafter referred to as "license examination"). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | A license examination shall consist of a written examination and practical skill examination. |
| (3) | Such matters as the subjects, methods, etc. of a license examination shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 7 (Exemption from License Examination) |
| (1) | The Commissioner of the Korea Coast Guard may exempt any of the following persons from all or some of the examination subjects for license: Provided, That, where a person falls under subparagraph 6, the person shall be exempt from all examination subjects for license (limited to class 2 operator licenses and yachting licenses): <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017; Act No. 15005, Oct. 31, 2017> |
| 1. | Any person who is registered as a power-driven water leisure craft player with a sports organization prescribed by Presidential Decree; |
| 2. | Any person who satisfies the following requirements: |
| (a) | That he/she is graduated from an academic department relating to power-driven water leisure crafts prescribed by Presidential Decree established at a school under Article 2 of the Higher Education Act (including cases where he/she is deemed to have an academic background equivalent thereto pursuant to statutes); |
| (b) | That he/she has completed courses of power-driven water leisure crafts relating to the relevant license; |
| 4. | Deleted; <by Act No. 10799, Jun. 15, 2011> |
| 6. | Any person who has completed education offered by an institution or organization designated and publicly notified by the Commissioner of the Korea Coast Guard; |
| 7. | Any person who has passed a written examination of class 1 operator license and intends to apply for a practical skill examination of class 2 operator license after changing the class of examination. |
| (2) | Such matters as the criteria, etc. for exemption from examinations under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | An institution or organization designated by the Commissioner of the Korea Coast Guard pursuant to paragraph (1) 6 shall be equipped with such educational content and such personnel and equipment standards as necessary for education for class 2 operator licenses and yachting licenses. <Newly Inserted by Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| (4) | Where an institution or organization designated pursuant to paragraph (1) 6 falls under any of the causes prescribed by Presidential Decree, such as ceasing to be equipped with the standards referred to in paragraph (3), the Commissioner of the Korea Coast Guard may cancel its designation, or suspend its business for a period of up to six months. <Newly Inserted by Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| (5) | Matters necessary for the designation of institutions or organizations, the cancellation of designation, and standards and procedures for business suspension referred to in paragraphs (1) 6, (3), and (4), shall respectively be prescribed by Presidential Decree. <Newly Inserted by Act No. 13754, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 8 (Sanctions against Cheaters) |
| (1) | The Commissioner of the Korea Coast Guard may suspend or nullify a license examination with regard to the persons who cheat on the examination. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | A person subject to a disposition of suspension or nullification of the relevant examination under paragraph (1) shall not apply for a license examination for two years from the date of implementation of such examination. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 9 (Renewal, etc. of Operator License) |
| (1) | A person who has obtained an operator license shall have his/her operator license for engine-powered water leisure craft (hereinafter referred to as "license") renewed by the Commissioner of the Korea Coast Guard within the renewal period described in any of the following subparagraphs: Provided, That where a person seeking to have his/her license renewed is unable to get such renewal on the grounds prescribed by Presidential Decree, such as military service, etc., he/she may receive such renewal in advance or have it postponed: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | The first renewal period of license shall be no later than six months after the date falling on the seventh year from the date of issuance of such operator license; |
| 2. | The renewal period of license other than that defined in subparagraph 1 shall be no later than six months after the date falling on the seventh year from the date of commencing the renewal period of the immediately previous license. |
| (2) | Where a license is not renewed pursuant to paragraph (1), the operator license will lose its effect on the next day after the renewal period is over: Provided, That where the license is renewed within one year from the date when the license loses its effect, the license shall become effective again. <Newly Inserted by Act No. 10799, Jun. 15, 2011> |
| (3) | If a license is not renewed within one year from the date when the license loses its effect pursuant to the main sentence of paragraph (2), the operator license will lose its effect. <Newly Inserted by Act No. 10799, Jun. 15, 2011> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 10 (Water-Related Safety Education) |
| (1) | A person seeking to obtain an operator license and a person seeking to have his/her operator license renewed shall receive water-related safety education described in each of the following subparagraphs conducted by the Commissioner of the Korea Coast Guard (hereinafter referred to as "safety education") after submitting the application for license examination as prescribed in Article 6 and within the renewal period of operator license under Article 9, respectively: Provided, That the effective term of safety education prior to the passage of the first license examination shall be six months, and persons prescribed by Presidential Decree may be exempt from safety education: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Statutes concerning water safety; |
| 2. | Matters concerning the use and management of water leisure crafts; |
| 3. | Other matters necessary for water safety. |
| (2) | The Commissioner of the Korea Coast Guard may commission an agency or organization designated by the Commissioner of the Korea Coast Guard (hereinafter referred to as "agency commissioned with safety education") to carry out all or some of the business affairs concerning safety education under paragraph (1). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Such matters as the standards for designation and cancellation of designation, etc. of an agency commissioned with safety education shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 11 (Issuance of License) |
| (1) | In any of the following cases, the Commissioner of the Korea Coast Guard shall issue a license as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where a license is issued after an applicant has passed a license examination under Article 6 (1), or is reissued; |
| 2. | Where an operator license is renewed as prescribed in Article 9. |
| (2) | Where a license has been lost, or has been worn out to become unusable, a new license may be issued after it is reported to the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | An operator license shall become effective from the time it is issued to the principal or his/her agent, as prescribed in paragraph (1). |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 12 (Duty to Carry and Produce License) |
| (1) | Each person who controls an engine-powered water leisure craft shall carry a license. |
| (2) | Any controller under paragraph (1) shall produce his/her license when a relevant public official requests him/her to do so during navigation. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 13 (Cancellation and Suspension of Operator License) |
| (1) | Where a person who has obtained an operator license falls under any of the following cases, the Commissioner of the Korea Coast Guard may cancel his/her operator license or suspend the validity thereof for up to one year, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That, where he/she falls under subparagraph 1, 2, or 4, his/her operator license shall be cancelled: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Where he/she obtains an operator license by fraud or other improper means; |
| 2. | Where he/she controls a power-driven water leisure craft during the period of suspension of his/her operator license; |
| 3. | Where he/she commits a crime prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as murder or robbery, using a power-driven water leisure craft; |
| 4. | Where he/she refuses to take a sobriety test by relevant public officials, although he/she controls a power-driven water leisure craft while intoxicated or there exists a reasonable ground to believe that he/she is in a state of intoxication, in violation of Article 22 (1) or (2); |
| 5. | Deleted; <by Act No. 10799, Jun. 15, 2011> |
| 6. | Where he/she kills or injures any person or inflicts material damage on another person's property intentionally or by negligence during navigation; |
| 7. | Where he/she lends his/her license to another person for navigation; |
| 8. | Where he/she controls a power-driven water leisure craft amidst an apprehension that he/she might not be able to normally control such watercraft due to the influence of drugs, in violation of Article 23; |
| 9. | Where he/she violates this Act or an order issued for the safety and maintenance of order of water-related leisure activities under this Act. |
| (2) | Any person whose operator license has been cancelled as prescribed in paragraph (1) shall return his/her license to the Commissioner of the Korea Coast Guard within seven days from the date of cancellation of such operator license. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 14 (Vicarious Execution of License Examinations) |
| (1) | The Commissioner of the Korea Coast Guard may authorize an agency or organization designated by the Commissioner of the Korea Coast Guard (hereinafter referred to as "vicarious examination agency") to act as his/her agent for the execution of all or some of the business affairs related to license examinations. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Where a vicarious examination agency falls under any of the following subparagraphs, the Commissioner of the Korea Coast Guard may cancel the designation or suspend the business thereof for up to six months: Provided, That where it falls under subparagraph 1, he/she shall cancel such designation: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where it obtains such designation by fraudulent or other illegal means; |
| 2. | Where it falls short of the standards for designation under paragraph (5); |
| 1-2. | Where the head of a test agency, a management director, or an employee has cheated on a license exam (including cases they have ordered or ignored cheating); |
| 3. | Where any event impeding this Act or the vicarious performance of duties involving license examinations under this Act takes place. |
| (3) | A vicarious examination agency shall report on the duties involving license examinations performed vicariously as prescribed in paragraph (1) to the Commissioner of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The Commissioner of the Korea Coast Guard shall confirm the details of vicarious performance of the duties reported under paragraph (3), and may take necessary measures if he/she finds any violation of this Act or an order issued under this Act. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Matters necessary for the vicarious performance of duties involving license examinations, and the standards for the designation of vicarious examination agencies and cancellation thereof, procedures for suspension, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 15 (Penalty Surcharges) |
| (1) | Where the Commissioner of the Korea Coast Guard has to issue a disposition of suspension of business as prescribed in Article 14 (2) 2 or 3 but such suspension of business is acknowledged to inflict severe inconvenience on the examinees of such vicarious examination agency or to harm public interest, he/she may impose a penalty surcharge of less than ten million won in lieu of the disposition of suspension of business. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The amount of a penalty surcharge based on the severity of the offense on which a penalty surcharge is imposed as prescribed in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | If a vicarious examination agency fails to pay a penalty surcharge under paragraph (1) by its due date, the Commissioner of the Korea Coast Guard may collect it in the same manner as delinquent national taxes are collected. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| (1) | Any person engaged in duties involving examinations at vicarious examination agencies shall receive education conducted by the Commissioner of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Such matters as the timing, target, etc. of education under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER III DUTY TO CONFORM TO SAFETY REGULATIONS
| Article 17 (Wearing Protective Equipment) |
Any person doing water-related leisure activities shall wear equipment necessary for the protection of life, such as life jackets, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 18 (Navigation Regulations) |
When a person doing water-related leisure activities navigates and controls a water leisure craft, he/she shall comply with navigation regulations, such as navigation speed and navigation methods, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 19 (Reporting, etc. on Long-Distance Water-Related Leisure Activities) |
| (1) | Any person who intends to perform water-related leisure activities at a place at least ten nautical miles off the port of departure shall report to a coast guard agency or police agency, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That this shall not apply to ships which have reported their entry and exit referred to in Article 4 of the Act on the Arrival, Departure, etc. of Ships or ships which have reported their exit from or entry into ports as prescribed in Article 15 of the Regulations on Ship Safety and Operations. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13186, Feb. 3, 2015; Act No. 14839, Jul. 26, 2017> |
| (2) | If any other person in the same water leisure craft with him/her is deceased, gone missing, or seriously wounded, any person performing water-related leisure activities shall report such fact to the heads of related administrative agencies, such as coast guard agencies, police agencies, or fire agencies, without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The heads of related administrative agencies, in receipt of a report under paragraph (1), shall take measures necessary to save lives and deal with accidents, etc. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 20 (Prohibition of Unlicensed Navigation) |
No person shall, without obtaining an operator license (including cases where the effectiveness of an operator license is suspended), navigate any engine-powered water leisure craft which is allowed to be controlled with an operator license: Provided, That this shall not apply in any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| 1. | Where a person does water-related leisure activities under the supervision of a person with class 1 operator license, as prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 2. | Where a person takes the same engine-powered water leisure craft with another person having an operator license and controls such watercraft with him/her, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 21 (Prohibition of Water-Related Leisure Activities at Night) |
| (1) | No person shall do water-related leisure activities between 30 minutes after sunset and 30 minutes before sunrise: Provided, That this shall not apply where a water leisure craft equipped with night navigation equipment is used, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Where the chief of a coast guard station or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu for the head of a Gu; the Governor of Special Self-Governing Province for a Special Self-Governing Province; and the head of an agency in charge of managing the Han River of the Seoul Special Metropolitan City for the Han River of the Seoul Special Metropolitan City; the same shall apply hereafter in this Chapter, Chapters Ⅳ, Ⅵ, and Ⅶ) deems it necessary, he/she may make an adjustment to the time set forth in the main body of paragraph (1) for specific zones, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Where the chief of a coast guard station or the head of a Si/Gun/Gu has made an adjustment to the time set forth in paragraph (2), he/she shall give public notice of such fact in a place readily viewable by persons doing water-related leisure activities. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 22 (Prohibition of Navigation while Drunk) |
| (1) | No person performing water-related leisure activities shall manipulate any power-driven water leisure craft while he/she is drunk (referring to the state of being drunk as referred to in Article 41 (5) of the Maritime Safety Act; hereinafter the same shall apply). <Amended by Act No. 13754, Jan. 7, 2016> |
| (2) | Where there exists a reasonable ground to believe that any person performing water-related leisure activities has violated paragraph (1), any of the following persons (hereafter in this Article, referred to as "relevant public official") may conduct a field sobriety test on such person. In such cases, any person performing water-related leisure activities shall comply with such test: |
| 2. | A Si/Gun/Gu public official engaging in water-related leisure safety business. |
| (3) | When a relevant public official (excluding a police officer in uniform) conducts a field sobriety test on a person performing water-related leisure activities in accordance with paragraph (2), he/she shall carry a certificate indicating his/her authority and produce it to such person performing water-related leisure activities. |
| (4) | Where a person performing water-related leisure activities has an objection to the results of a sobriety test conducted under paragraph (2), another test may be conducted by such means as blood sampling, with consent from such person performing water-related leisure activities. |
| (5) | Deleted. <by Act No. 13754, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 23 (Prohibition of Navigation under Influence of Drugs, etc.) |
No person doing water-related leisure activities shall navigate any engine-powered water leisure craft amidst an apprehension that he/she might not be able to normally control such watercraft due to the influence of narcotics, psychotropic drugs or marijuana under Article 2 of the Narcotics Control Act of hallucinogens under Article 22 of the Chemicals Control Act, or due to other reasons in addition to cases defined in Article 22. <Amended by Act No. 11862, Jun. 4, 2013> [This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 24 (Prohibition of Exceeding Capacity) |
No controller of a water leisure craft shall navigate such water leisure craft carrying persons in excess of its capacity, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER IV SAFETY MANAGEMENT
| Article 25 (Designation, etc. of Prohibited Zones for Water-Related Leisure Activities) |
| (1) | Where the chief of a coast guard station or the head of a Si/Gun/Gu deems it necessary for safe water-related leisure activities, he/she may designate zones where water-related leisure activities are prohibited (including zones where water-related leisure activities are prohibited for each water leisure craft). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | No person shall engage in water-related leisure activities in prohibited zones designated pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 26 (Orders for Correction) |
Where the chief of a coast guard station or the head of a Si/Gun/Gu deems it necessary for safe water-related leisure activities, he/she may issue any of the following orders to persons doing water-related leisure activities: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| 1. | Restriction on the number of persons to embark (including cases of being pushed or pulled by a water leisure craft; the same shall apply hereinafter) on a water leisure craft, or replacement of a controller; |
| 2. | Temporary suspension of water-related leisure activities; |
| 3. | Improvement or replacement of a water leisure craft. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 27 (Temporary Stoppage, Confirmation, etc.) |
| (1) | Where a relevant public official acknowledges that any person in a water leisure craft has violated this Act or an order issued under this Act, he/she may stop such water leisure craft and confirm such violation, or request such person doing water-related leisure activities to produce a license or ID card. |
| (2) | Where a relevant public official stops a water leisure craft and requests the presentation of a license, etc. as prescribed in paragraph (1), he/she shall carry a certificate indicating his/her authority and show it to interested persons. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 28 (Cooperation of Related Administrative Agencies) |
| (1) | Where the Commissioner of the Korea Coast Guard, the chief of a coast guard station, or the head of a Si/Gun/Gu deems it necessary for safe water-related leisure activities, he/she may request the heads of related administrative agencies to provide cooperation. In such cases, the heads of related administrative agencies who have received such requests for cooperation shall comply therewith in the absence of special circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Where the head of a Si/Gun/Gu deems it necessary for the efficient safety management of water-related leisure activities in the inland waters under his/her jurisdiction, he/she may request the Commissioner of the Korea Coast Guard or the chief of a coast guard station to dispatch relevant police officers or to take charge of the business affairs related to the safety management of water-related leisure activities in specific zones. In such cases, the Commissioner of the Korea Coast Guard or the chief of a coast guard station who has received such request shall comply therewith in the absence of special circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 28-2 (Establishment, etc. of Korea Water-related Leisure Activity Safety Association) |
| (1) | The Korea Water-related Leisure Activity Safety Association (hereinafter referred to as "Association") shall be established to carry out affairs commissioned by administrative agencies, such as the Commissioner of the Korea Coast Guard, including research and development, public relations, training and education on safety management of water-related leisure activities, in order to promote the sound development of the water-related leisure industry and to empower employees of water-related leisure business operators to better conduct safety management. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Association shall be a juristic person. |
| (3) | The Association shall conduct the following projects: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Research on the promotion of water-related leisure safety and water-related leisure industry; |
| 2. | Research on the development of the management system for operator licensing examination and the water leisure craft registration system; |
| 3. | Vicarious execution of operator licensing examinations, and of registration, safety inspections and safety examinations for water leisure craft; |
| 4. | Rescue training, water safety education for water-related leisure business operators and users of water leisure craft, etc. and development of related equipment and educational materials; |
| 5. | Affairs commissioned by the State or local governments under this Act or other statutes; |
| 6. | Other affairs deemed important by the Commissioner of the Korea Coast Guard. |
| (4) | If deemed necessary, the Commissioner of the Korea Coast Guard shall provide financial support to the Association, within budgetary limits, to help it efficiently conduct the projects under paragraph (3). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Matters regarding the articles of association, affairs and supervision of the Association as well as eligibility of its members shall be prescribed by Presidential Decree. |
| (6) | Except as provided for in this Act, the provisions concerning the juristic persons under the Civil Act shall apply mutatis mutandis to the Association. |
[This Article Newly Inserted by Act No. 10799, Jun. 15, 2011]
| Article 29 (Operation of Water-Related Leisure Activity Safety Council) |
| (1) | In order to establish a cooperative mechanism for the efficient safety management of water-related leisure activities, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayors/Do Governors") may constitute and operate a safety council for water-related leisure activities which comprises of the representatives of related administrative agencies having jurisdiction over the relevant areas and the representatives of organizations, etc. |
| (2) | Matters necessary for the constitution and operation of safety councils for water-related leisure activities under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 29-2 (Establishment, etc. of Safety Management Plans) |
| (1) | Mayors/Do Governors or the chief of a coast guard station shall formulate and implement an annual plan for water-related leisure safety management. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Commissioner of the Korea Coast Guard may determine guidelines for the establishment of safety management plans under paragraph (1), and provide guidance and supervision necessary for the implementation thereof. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 9068, Mar. 28, 2008]
CHAPTER V REGISTRATION AND INSPECTION OF WATER LEISURE CRAFTS
| Article 30 (Registration) |
| (1) | The owner (hereinafter referred to as "owner") of an engine-powered water leisure craft (excluding ships registered under Article 8 of the Ship Act; hereafter the same shall apply in this Article) shall file an application for registration with the head of a Si/Gun/Gu (referring to the head of an autonomous Gu for the head of a Gu; and the Governor of a Special Self-Governing Province for a Special Self-Governing Province; hereafter in this Chapter the same shall apply) having jurisdiction over his/her domicile, within one month from the date he/she owns the engine-powered water leisure craft. <Amended by Act No. 10799, Jun. 15, 2011> |
| (2) | In any of the following cases, the head of a Si/Gun/Gu may reject an application for registration filed: |
| 1. | Where fraudulent entries are found in the application for registration; |
| 2. | Where the structure and mechanism of a water leisure craft fail to meet the standards for new inspection under Article 37 (1). |
| (3) | The engine-powered water leisure craft subject to registraion under paragraph (1) shall be any of the following among those which a person uses or intends to use for water-related leisure activities: <Newly Inserted by Act No. 10799, Jun. 15, 2011> |
| 2. | Inboard or outboard motor boats, which are prescribed by Presidential Decree; |
| 3. | Rubber boats prescribed by Presidential Decree, excluding those inflatable and movable after being folded; |
| 4. | Yachts with gross tonnage of less than 20 tons, which are prescribed by Presidential Decree. |
| (4) | Matters necessary for registration under paragraph (1), such as the requirements and procedures therefor, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 10799, Jun. 15, 2011> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 31 (Registers, etc.) |
| (1) | When the head of a Si/Gun/Gu receives an application for registration as prescribed in Article 30 (1), he/she shall register it in the register of water leisure crafts (hereinafter referred to as "register") and issue a certificate of registration of water leisure craft (hereinafter referred to as "registration certificate") and registration number plate to the applicant. |
| (2) | A person who intends to peruse a register of water leisure craft or obtain a copy of the register issued shall file an application for perusal or issuance to the head of a Si/Gun/Gu. <Newly Inserted by Act No. 10799, Jun. 15, 2011> |
| (3) | Where the head of a Si/Gun/Gu allows an applicant to peruse a register or issues the copy of the register to the applicant upon application under paragraph (2), he/she may not state part of contents in order to prevent disclosure of private information, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Where an owner of water leisure craft files an application for re-issuance of the registration certificate or registration number plate to the head of a Si/Gun/Gu, he/she shall re-issue it. <Newly Inserted by Act No. 10799, Jun. 15, 2011> |
| (5) | Such matters as the grounds and procedures, etc. for re-issuance under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 32 (Registration of Alteration, etc.) |
Where any registered matter of a water leisure craft (excluding registration of cancellation as defined in Article 33) is altered, its owner or occupant shall apply for a registration of alteration, as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 33 (Registration of Cancellation) |
| (1) | Where a registered water leisure craft falls under any of the following cases, the owner shall return its registration certificate and apply for cancellation of registration to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where the water leisure craft is destroyed or loses its original functions due to accidents on the water, etc.; |
| 2. | Where the existence of the water leisure craft is unclear for three months; |
| 3. | Where the water leisure craft is excluded from the object to be registered due to change of structures and mechanisms of such water leisure craft under Article 36; |
| 4. | Where the water leisure craft is exported. |
| (2) | Where an owner fails to apply for cancellation of registration as prescribed in paragraph (1), the head of a competent Si/Gun/Gu shall give a preemptory notice to the owner to apply for cancellation of registration of the relevant water leisure craft within the prescribed period not exceeding one month, and where such application for cancellation of registration is not made within such period, he/she may cancel registration of such water leisure craft ex officio. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 33-2 (Effect of Change of Ownership of Power-Driven Water Leisure Craft) |
[This Article Newly Inserted by Act No. 9068, Mar. 28, 2008]
| Article 33-3 (Registration of Seizure) |
Where the head of a Si/Gun/Gu is commissioned by a court to register seizure as prescribed by the Civil Execution Act, or commissioned by an administrative agency to register seizure as prescribed by the National Tax Collection Act or the Local Tax Collection Act, he/she shall register seizure in the register of the relevant power-driven water leisure craft, as prescribed by Presidential Decree, and notify the owner of such power-driven water leisure craft thereof. <Amended by Act No. 10219, Mar. 31, 2010; Act No. 13287, May 18, 2015; Act 14476, Dec. 27, 2016> [This Article Newly Inserted by Act No. 9068, Mar. 28, 2008]
| Article 34 (Subscription to Insurance Scheme, etc.) |
The owner of a water leisure craft subject to registration shall, within one month from the date he/she owns such water leisure craft, subscribe to an insurance scheme or mutual aid (hereinafter referred to an “insurance scheme, etc.”) to compensate victims (referring to persons who have the right to be paid damages where such victims are deceased) where other persons are deceased or injured due to the navigation of the water leisure craft, as prescribed by Presidential Decree. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 13754, Jan. 7, 2016>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 35 (Attachment of Registration Number Plates) |
The owner of a water leisure craft shall attach a registration number plate to a readily visible place in the water leisure craft, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 36 (Change of Structures and Mechanisms of Water Leisure Crafts) |
| (1) | Where the owner of a water leisure craft intends to change the structures or mechanisms which affect the buoyancy prescribed by Ordinance of the Ministry of Oceans and Fisheries, such owner shall file an application for registration of alteration to the head of a Si/Gun/Gu after passing an occasional inspection of water leisure crafts under Article 37 (1) 3. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Where an occasional inspection under paragraph (1) coincides with a regular inspection, the occasional inspection may be replaced by the regular inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 37 (Safety Inspections) |
| (1) | Any person who intends to use a power-driven water leisure craft subject to registration under Article 30 (3) for water-related leisure activities shall receive the following inspections conducted by the Commissioner of the Korea Coast Guard, according to the procedures, methods, and preparation for safety inspections prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | New inspection: Inspection to be made where registration is intended under Article 30; |
| 2. | Regular inspection: Inspection to be made regularly every five years after registration; |
| 3. | Occasional inspection: Inspection to be made where the structure or mechanism of a water leisure craft has been modified. |
| (2) | Any person who engages in water-related leisure business under Article 39 (hereinafter referred to as "water-related leisure business operator") shall receive a safety inspection (hereinafter referred to as "safety inspection") of power-driven water leisure crafts subject to registration from the Commissioner of the Korea Coast Guard if his/her business territory is seawater, and from the Mayors/Do Governors having jurisdiction over the relevant area if his/her business area is inland waters, respectively. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Power-driven water leisure crafts subject to inspection under paragraphs (1) and (2) used in water-related leisure business shall receive an inspection every year, and other water leisure crafts shall receive an inspection every five years. |
| (4) | No owner shall use any water leisure craft that fails to receive or pass an inspection specified under paragraph (1) for water-related leisure activities: Provided, That this shall not apply to the cases prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| (5) | A person who intends to have a certificate of safety inspection of power-driven water leisure crafts issued or re-issued shall file an application with the Commissioner of the Korea Coast Guard, Mayors/Do Governors, or inspection agency under Article 38 (1) (hereafter in this Article, referred to as "Commissioner of the Korea Coast Guard, etc."). <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (6) | Upon application under paragraph (5), the Commissioner of the Korea Coast Guard, etc. shall issue or re-issue a certificate of safety inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 38 (Vicarious Execution, etc. of Safety Inspections) |
| (1) | The Commissioner of the Korea Coast Guard or the Mayors/Do Governors may authorize an agency or organization (hereinafter referred to as "inspection agency") designated by the Commissioner of the Korea Coast Guard or the Mayors/Do Governors to vicariously execute all or some of the business affairs relating to safety inspections of water leisure crafts. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Where an inspection agency falls under any of the following cases, the Commissioner of the Korea Coast Guard or the Mayors/Do Governors may cancel its designation or issue an order to suspend all or part of its business for up to six months: Provided, That, where an inspection agency falls under subparagraph 1, its designation shall be cancelled: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Where its designation is made by fraud or other improper means; |
| 1-2. | Where it conducts a safety inspection in no conformity with the relevant facts intentionally or by gross negligence; |
| 2. | Where it ceases to meet the standards under paragraph (5); |
| 3. | Where it violates this Act, or orders or conditions for designation under this Act; |
| 4. | Where it receives illegal money and valuables in connection with its business or commits any other dishonest act. |
| (3) | Inspection agencies shall report on their duties performed as proxy under paragraph (1) to the Commissioner of the Korea Coast Guard or the Mayors/Do Governors. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The Commissioner of the Korea Coast Guard or the Mayors/Do Governors shall confirm the matters reported by inspection agencies as prescribed in paragraph (3), and may take necessary measures if they find any violation of this Act or an order issued under this Act. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Such matters as the mandatory number of inspectors of water leisure crafts to be employed by inspection agencies, standards for inspection facilities, equipment, etc., and procedures for designation, supervision of inspection agencies, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER VI WATER-RELATED LEISURE BUSINESS
| Article 39 (Registration, etc. of Water-Related Leisure Business) |
| (1) | Each water-related leisure business operator who intends to carry on business of renting water leisure crafts or transporting persons doing water-related leisure activities in water leisure crafts (hereinafter referred to as "water-related leisure business") shall register matters concerning permission for occupancy or use of rivers or other public waters with the persons classified as follows. In such cases, registration standards may be loosened for a water-related leisure business operator who intends to carry on business of renting water leisure crafts, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where the business area is seawater: The chief of a coast guard station having jurisdiction over the relevant area; |
| 2. | Where the business area is inland waters: The Mayors/Do Governors having jurisdiction over the relevant area; |
| 3. | Where the business area is stretching over jurisdictional areas of two or more chiefs of coast guard stations or the heads of Sis/Guns/Gus: The chief of a coast guard station or the head of a Si/Gun/Gu having jurisdiction over the place where water leisure crafts used in water-related leisure business are moored most often. |
| (2) | Each water-related leisure business operator who has completed registration under paragraph (1), where any registered matter is altered, shall make a registration of alteration, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The chief of a coast guard station or the head of a Si/Gun/Gu who has received an application for registration or alteration registration filed as prescribed in paragraph (1) or (2) shall consult the chiefs of other coast guard stations or the heads of other Sis/Guns/Gus having jurisdiction over the relevant business area prior to the registration. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Necessary matters for safety management of water-related leisure business, including the standards, procedures, and adjustment of business territory for registration under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 39-2 (Reporting, etc. on Water-Related Leisure Training Business) |
| (1) | Notwithstanding Article 39 (1), where a water-related leisure business operator intends to conduct training business using water leisure crafts prescribed by Ordinance of the Ministry of Oceans and Fisheries for a person who intends to engage in water leisure activities, the water-related leisure business operator shall report to the head of a Si/Gun/Gu having jurisdiction over his/her domicile. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Necessary matters regarding standards and procedures, etc. of reporting under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 10799, Jun. 15, 2011]
| Article 39-3 (Validity Period, etc. of Registration of Business) |
| (1) | The validity period of registration of water-related leisure business referred to in Article 39 (1) shall be ten years, but if it is intended to conduct such business for less than ten years, the relevant business period shall be the validity period of registration. |
| (2) | A person who intends to continue to conduct water-related leisure business after the validity period of registration under paragraph (1) has elapsed shall renew the registration, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 13754, Jan. 7, 2016]
| Article 40 (Grounds for Disqualification from Obtaining Registration of Water-Related Leisure Business) |
None of the following persons shall make a registration of water-related leisure business: <Amended by Act No. 13754, Jan. 7, 2016>
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 2. | A person in whose case two years have not elapsed since the completion or exemption of his/her imprisonment with labor or heavier punishment as sentenced by a court for violating this Act; |
| 3. | A person who is under a suspension of imprisonment with labor or heavier punishment as sentenced by a court for violating this Act; |
| 4. | A person in whose case two years have not elapsed since his/her registration was cancelled (excluding where the registration was cancelled due to falling under subparagraph 1 of this Article) under Article 51. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 41 (Succession to Rights and Obligations) |
Any person falling under any of the following subparagraphs shall succeed to the rights and obligations of a water-related leisure business operator following the registration of water-related leisure business:
| 1. | If a water-related leisure business operator is deceased, his/her inheritor; |
| 2. | If a water-related leisure business operator transfers his/her business, the transferee; |
| 3. | If a water-related leisure business operator which is a juridical person is merged, a juridical person surviving the merger or newly established by the merger. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 42 (Reporting on Suspension, etc. of Business) |
| (1) | Where a water-related leisure business operator intends to suspend, close, or recommence his/her business during the registered business period, he/she shall report it to the registration agency, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | The chief of a coast guard station or the head of a Si/Gun/Gu in receipt of a report of suspension, closure, or recommencement of business as prescribed in paragraph (1) shall notify the tax office having jurisdiction over the location of the water-related leisure business, of such suspension, closure, or recommencement of business. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
Where a water-related leisure business operator has determined usage fees, such as passenger fares, rental fees, etc., he/she shall report thereon to the chiefs of coast guard stations or the heads of Sis/Guns/Gus, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall post it on a readily visible place within the place of business. The same shall also apply to any modification to reported matters. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 44 (Subscription to Insurance Scheme, etc.) |
Each water-related leisure business operator shall subscribe to an insurance scheme, etc. to compensate for damages incurred to its employees and users, as prescribed by Presidential Decree. <Amended by Act No. 13754, Jan. 7, 2016>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 44-2 (Provision of Information on Subscription to Insurance Scheme, etc.) |
Each water-related leisure business operator shall notify the users of information on whether he/she has subscribed to an insurance scheme, etc. referred to in Article 44, as prescribed by Presidential Decree. [This Article Newly Inserted by Act No. 13754, Jan. 7, 2016]
| Article 44-3 (Request for Information on Subscription to Insurance Scheme, etc.) |
| (1) | The Commissioner of the Korea Coast Guard, the chief of a coast guard station, or the head of a Si/Gun/Gu may, for investigation and management related to subscription to an insurance scheme, etc. referred to in Articles 34 and 44, request insurance companies and mutual aid business operators (hereinafter referred to as “insurance companies, etc.”), or insurance associations, etc. referred to in Section 1 of Chapter XI of the Insurance Business Act (hereinafter referred to as “insurance associations, etc.”) to provide materials or information necessary for investigation and management related to subscription to an insurance scheme, etc. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Where insurance companies, etc. are requested to provide materials or information pursuant to paragraph (1), they may provide the relevant materials or information through insurance associations, etc. |
| (3) | A person requested to provide materials and information referred to in paragraph (1) shall comply with such request, except in extenuating circumstances. |
[This Article Newly Inserted by Act No. 13754, Jan. 7, 2016]
| Article 45 (Safety Examinations) |
| (1) | In order to ensure the safety of water-related leisure activities, the chiefs of coast guard stations or the heads of Sis/Guns/Gus shall have relevant public officials conduct safety examinations of water leisure crafts and water-related leisure facilities, such as wharves, etc. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The chiefs of coast guard stations or the heads of Sis/Guns/Gus may order repairing or reinstatement as a result of safety examinations under paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, they may order suspension of use of the relevant water leisure craft for a prescribed period necessary for such repairing or reinstatement as well. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Each public official who conducts an examination as prescribed in paragraph (1) shall carry a certificate indicating his/her authority and produce it to interested parties. |
| (4) | Necessary matters concerning safety examinations and subject items, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Articles 46 and 47 Deleted. <by Act No. 13754, Jan. 7, 2016> |
| Article 48 (Measures to be Taken by Business Operators, such as Safety Examination) |
| (1) | In order to ensure the safety of water-related leisure activities, water-related leisure business operators and their employees shall take the following measures: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Safety examinations of water leisure crafts and water-related leisure facilities; |
| 2. | Confirmation of weather and water conditions of the business area; |
| 3. | In cases of occurrence of an accident in the business area, relief activities and notification to the related administrative agencies, such as coast guard agencies, police agencies, and fire agencies; |
| 4. | Ensuring users wear safety equipment and providing users with safety education prior to embarkation; |
| 5. | Placing rescue workers or rafting guides within the place of business. |
| (2) | No water-related leisure business operators and their employees shall commit any of the following offenses in the relevant business area: <Amended by Act No. 13754, Jan. 7, 2016> |
| 1. | Embarking persons below 14 years of age (limited to minors not accompanied by guardians), intoxicated persons, or mentally ill persons on water leisure crafts, or lending water leisure crafts to such persons; |
| 2. | Embarking persons on water leisure crafts in excess of the capacity; |
| 3. | Selling or treating alcoholic beverages in water leisure crafts or allowing users of water leisure crafts to bring alcohol in water leisure crafts; |
| 4. | Engaging in business outside of the business area; |
| 5. | Engaging in business during the hours other than those set for water-related leisure activities under Article 21; |
| 6. | Bringing dangerous articles, such as explosives, inflammables, etc. prescribed by Presidential Decree, in water leisure crafts on which users are boarding, or transporting such dangerous articles by such water leisure crafts; |
| 7. | Using water leisure crafts which fail to receive or to pass a safety inspection under Article 37 or fail to receive a safety examination under Article 45 for business. |
| (3) | The qualifications and placement standards, etc. for rescue workers and rafting guides under paragraph (1) 5 shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 49 (Restriction on Business, etc.) |
| (1) | In any of the following cases, the chiefs of coast guard stations or the heads of Sis/Guns/Gus may order water-related leisure business operators to restrict their business zones or business hours or temporarily suspend the business: Provided, That in cases falling under any of subparagraphs 3 through 5, the heads of coast guard safety stations or the heads of Sis/Guns/Gus may issue such order only in connection with any business activities using water leisure crafts prescribed by Presidential Decree, such as water leisure crafts the bodies of the users of which directly contact water surface: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Where weather conditions and water conditions deteriorate; |
| 2. | Where a water accident occurs; |
| 3. | Where water is polluted due to the leakage of oil, chemicals, etc. or the occurrence of algal blooms, red tides, etc.; |
| 4. | Where an obstacle occurs, such as suspended solids; |
| 5. | Where a pest occurs, which would be likely to cause harm to the human body or life; |
| 6. | Where there occurs any of the causes prescribed by Presidential Decree. |
| (2) | Where it is deemed that causes falling under each subparagraph of paragraph (1) cease to exist or are mitigated, the chiefs of coast guard stations or the heads of Sis/Guns/Gus shall revoke restriction on business areas or hours, or temporary business suspension. <Newly Inserted by Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 50 (Submission of Data, etc.) |
Where the chiefs of coast guard stations or the heads of Sis/Guns/Gus deem it necessary for the safety of water-related leisure activities, they may request water-related leisure business operators to submit relevant documents or data. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 51 (Cancellation of Registration, etc. of Water-Related Leisure Business) |
Where any water-related leisure business operator falls under any of the following subparagraphs, the chiefs of coast guard stations or the heads of Sis/Guns/Gus may cancel their registration of water-related leisure business or order suspension of all or some of his/her businesses for up to three months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where any water-related leisure business operator falls under subparagraph 1, 2, or 2-2, they shall cancel their registration of water-related leisure business: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| 1. | Where it makes a registration by fraudulent or other illegal means; |
| 2. | Where it falls under any of the subparagraphs of Article 40; |
| 2-2. | Where it continues to do business after the permssion period of occupancy or use of public waters is over; |
| 3. | Where it or its employees cause casualties intentionally or by negligence; |
| 4. | Where it uses water leisure crafts which are not in compliance with Articles 30, 32, 33, and 35 through 37 for water-related leisure business; |
| 5. | Where it fails to make a registration of alteration as prescribed in Article 39 (2); |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| (1) | Any of the following persons shall pay fees to the Commissioner of the Korea Coast Guard or the heads of Sis/Guns/Gus, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | A person who takes a license examination as prescribed in Article 6 (1); |
| 2. | A person who intends to receive safety education as prescribed in Article 10 (1); |
| 3. | A person who intends to apply for the issuance, re-issuance, or renewal of his/her licence as prescribed in Article 11; |
| 4. | A person who intends to apply for the registration, registration of alteration, registration of cancellation, etc. of a water leisure craft as prescribed in Articles 30, 32, and 33; |
| 5. | A person who intends to receive a registration number plate as prescribed in Article 31 (1); |
| 5-2. | A person who files an application for the issuance of the copy of the register as prescribed in Article 31 (2); |
| 5-3. | A person who files an application for the re-issuance of a registration certificate and registration number plate as prescribed in Article 31 (4); |
| 6. | A person who intends to receive an inspection of water leisure crafts as prescribed in Article 37 (1); |
| 7. | A person who intends to apply for the registration, registration of alteration, suspension, closure, or recommencement of water-related leisure business as prescribed in Articles 39 and 42; |
| 8. | and 9. Deleted. <by Act No. 13754, Jan. 7, 2016> |
| (2) | In any of the following cases, fees determined by agencies entrusted with safety education, vicarious examination agencies, or inspection agencies, shall be paid to the relevant vicarious agencies, etc.: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 13754, Jan. 7, 2016> |
| 1. | Where safety education is conducted upon commission as prescribed in Article 10 (2); |
| 2. | Where vicarious examination agencies perform duties involving license examinations as proxy, as prescribed in Article 14 (1); |
| 2-2. | Where the certificate of safety inspection of a power-driven water leisure craft is re-issued as prescribed in Article 37 (6); |
| 3. | Where inspection agencies perform the business of inspecting water leisure crafts as proxy, as prescribed in Article 38 (1); |
| 4. | Deleted. <by Act No. 13754, Jan. 7, 2016> |
| (3) | Where agencies entrusted with safety education, vicarious examination agencies, or inspection agencies intend to determine or change fees as prescribed in paragraph (2), they shall obtain approval from the Commissioner of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| (4) | Where agencies entrusted with safety education, vicarious examination agencies, or inspection agencies collect fees as prescribed in paragraph (2), such fees shall be appropriated as revenues of such agencies entrusted with safety education, vicarious examination agencies, or inspection agencies. <Amended by Act No. 13754, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
If the chiefs of coast guard stations or the heads of Sis/Guns/Gus intend to issue a disposition of penalty surcharge to a vicarious examination agency, or to cancel any registration of water-related leisure business as prescribed in Articles 15 and 51, they shall hold a hearing. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> [This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 54 (Delegation of Authority) |
The Commissioner of the Korea Coast Guard may delegate part of his/her authority under this Act to the head of the relevant agency as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 55 (Legal Fiction of Public Officials for Purposes of Penalty Provisions) |
The executives and employees of agencies entrusted with safety education, vicarious examination agencies, or inspection agencies shall be deemed public officials for the purposes of penalty provisions applied under Articles 129 through 132 of the Criminal Act. <Amended by Act No. 13754, Jan. 7, 2016> [This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER VIII PENALTY PROVISIONS
| Article 56 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 13754, Jan. 7, 2016; Act No. 15005, Oct. 31, 2017>
| 1. | A person who steers a power-driven water leisure craft without obtaining an operator license, in violation of the main sentence of Article 20; |
| 2. | A person who steers a power-driven water leisure craft in the state of being drunk, in violation of Article 22 (1); |
| 3. | A person who refuses to take a sobriety test by the relevant public official referred to in Article 22 (2) even though there exists a reasonable ground to believe that he/she is in the state of being drunk; |
| 3-2. | A person who steers a power-driven water leisure craft under the influence of drugs, etc., raising concerns that he/she might not be able to normally control such craft, in violation of Article 23; |
| 4. | A person who engages in water-related leisure business without making a registration or a registration of alteration, in violation of Article 39 (1) and (2); |
| 5. | A water-related leisure business operator who engages in business after the cancellation of registration of water-related leisure business or during the period of business suspension referred to in Article 51. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 57 Deleted. <by Act No. 13754, Jan. 7, 2016> |
| Article 58 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than six months or by a fine not exceeding five million won: <Amended by Act No. 13754, Jan. 7, 2016; Act No. 15005, Oct. 31, 2017>
| 1. | Deleted; <by Act No. 15005, Oct. 31, 2017> |
| 1-2. | A person who uses a power-driven water leisure craft for water-related leisure activities without making a registration, in violation of Article 30 (1); |
| 1-3. | A person who uses for water-related leisure activities any water leisure craft that fails to undergo or pass an inspection, in violation of the main sentence of Article 37 (4); |
| 2. | Deleted; <by Act No. 13754, Jan. 7, 2016> |
| 3. | A water-related leisure business operator who violates an order for repairing or reinstatement under Article 45 (2); |
| 4. | A water-related leisure business operator or an employee thereof, who fails to take measures necessary for safe navigation or commits a prohibited act, in violation of Article 48; |
| 5. | A water-related leisure business operator who violates an order to restrict business areas or business hours, or an order to temporarily suspend business under Article 49. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 59 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 13754, Jan. 7, 2016> |
| 1. | A person engaging in duties involving examinations who fails to receive education, in violation of Article 16 (1); |
| 2. | A person who fails to wear protective equipment, in violation of Article 17; |
| 3. | A person who fails to comply with navigation regulations, in violation of Article 18; |
| 4. | A person who fails to make a report, in violation of Article 19 (1) or (2); |
| 5. | A person who performs water-related leisure activities during the hours other than those set for water-related leisure activities under Article 21 (1) and (2); |
| 6. | A person who controls a water leisure craft carrying persons in excess of the capacity, in violation of Article 24; |
| 7. | A person who performs water-related leisure activities in an area where water-related leisure activities are prohibited, in violation of Article 25 (2); |
| 8. | A person who fails to apply for registration within one month from the date he/she owns a power-driven water leisure craft, in violation of Article 30 (1); |
| 9. | A person who fails to obtain approval for modification of structures and mechanisms, in violation of Article 36; |
| 10. | A water-related leisure business operator who fails to receive a safety inspection of water leisure crafts, in violation of Article 37 (2); |
| 10-2. | A person who is designated as an inspection agency referred to in Article 38 (1) by fraud or other improper means; |
| 10-3. | A person who conducts a safety inspection in no conformity with the relevant facts intentionally or by gross negligence pursuant to Article 38 (2) 1-2; |
| 10-4. | A water-related leisure business operator who fails to report the suspension, closure, or recommencement of business, in violation of Article 42 (1); |
| 11. | A water-related leisure business operator who receives money and valuables other than usage fees reported under Article 43, or fails to post a notice of reported matters; |
| 11-2. | A water-related leisure business operator who fails to subscribe to an insurance scheme, etc., in violation of Article 44; |
| 11-3. | A water-related leisure business operator who fails to notify or falsely notifies information on whether he/she has subscribed to an insurance scheme, etc., in violation of Article 44-2, without just grounds; |
| 12. | A water-related leisure business operator who fails to submit documents or data under Article 50, or submits false documents or data. |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding 500,000 won: <Amended by Act No. 13754, Jan. 7, 2016> |
| 1. | A person who fails to return his/her license, in violation of Article 13 (2); |
| 2. | A person who fails to comply with a corrective order under Article 26; |
| 3. | A person who rejects an order for temporary suspension or an order to produce a license or ID card as prescribed in Article 27; |
| 4. | A person who fails to make a registration of alteration of a water leisure craft, in violation of Article 32; |
| 5. | A person who receives a preemptory notice of registration of cancellation of a water leisure craft under Article 33 (2), but fails to implement such registration within the prescribed period; |
| 6. | A person who fails to subscribe to an insurance scheme, etc., in violation of Article 34; |
| 7. | A person who fails to attach a registration number plate, in violation of Article 35; |
| 8. | A person who fails to receive inspections of personal water leisure crafts, in violation of Article 37 (1). |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Commissioner of the Korea Coast Guard, the chiefs of coast guard stations, the heads of Sis/Guns/Gus (referring to the heads of agencies in charge of the management of the Han River of the Seoul Special Metropolitan City, for the Han River of the Seoul Special Metropolitan City; hereafter referred to as "imposing authority" in this Article), as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | through (6) Deleted. <by Act No. 13754, Jan. 7, 2016> |
| (7) | Matters concerning procedures for imposing and collecting administrative fines referred to in paragraphs (1) and (2), and for litigation, execution, etc. in respect of administrative fines shall be governed by the Act on the Regulation of Violations of Public Order. <Newly Inserted by Act No. 13754, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Special Cases concerning Registration of Water Leisure Crafts)
Notwithstanding the amended provisions of Article 30, water leisure crafts which are being used for water-related leisure activities at the time this Act enters into force shall be registered within one year after this Act enters into force. Article 3 (Special Cases concerning Inspection of Water Leisure Crafts)
Notwithstanding the amended provisions of Article 37, water leisure crafts which are being used for water-related leisure activities at the time this Act enters into force shall receive inspections within one year after this Act enters into force. Article 4 (Transitional Measures concerning Driving License)
Any person who has obtained a license under the previous provisions at the time this Act enters into force shall be deemed to have obtained a license and received safety education under the amended provisions of Articles 4 and 10. Article 5 (Transitional Measures concerning Designation of Vicarious Examination Agencies)
Any agency vicariously performing duties involving license examinations, which has been designated under the previous provisions at the time this Act enters into force, shall be deemed to have been designated under the amended provisions of Article 14. Article 6 (Transitional Measures concerning Water-Related Leisure Business)
Any water-related leisure business which has been registered under the previous provisions at the time this Act enters into force shall be deemed to have been registered under the amended provisions of Article 39 of this Act. Article 7 (Transitional Measures concerning Penal Provisions)
The application of penal provisions to acts committed before this Act enters into force shall be made pursuant to the previous provisions.
Article 8 (General Transitional Measures)
Any order, measure or disposition issued or taken under the previous provisions at the time this Act enters into force, which is not contradictory to this Act, shall be deemed to have been issued or taken under this Act.
ADDENDUM <Act No. 8016, Sep. 27, 2006>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 shall enter into force six months after this Act enters into force.
ADDENDA <Act No. 8221, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force ten months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8344, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8621, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 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.
ADDENDA <Act No. 9068, Mar. 28, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso to Article 9 other than each subparagraph, Article 13 (1) 5 through 9, Article 22 (2) through (4), Article 33-2, Article 33-3, subparagraphs 4 through 6 of Article 51 and Article 59 (2) shall enter into force on July 1, 2008. |
| (2) | (Transitional Measures concerning Administrative Dispositions) The previous provisions shall apply to administrative dispositions imposed on acts done before this Act enters into force. |
| (3) | (Transitional Measures concerning Penal Provisions, etc.) The previous provisions shall apply to penal provisions and fines for negligence for acts done before this Act enters into force. |
ADDENDA <Act No. 9525, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 10458, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force 18 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 10786, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10799, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4-2, 7 (1), 30 (1), (3) and (4), 31 (3), (4) and (5), 33 (1), 34, 36, 37 (1), (5) and (6), 39 (1) and (4), 39-2, and 52 (1) and (2) shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Renewal of Operator License)
The amended provisions of Article 9 shall also apply to the renewal, etc. of operator license acquired before this Act enters into force. Article 3 (Applicability to Change of Structures and Mechanisms of Water Leisure Crafts)
The amended provisions of Article 36 shall apply to a water leisure craft of which structure and mechanism is altered for the first time on or after this Act enters into force. Article 4 (Transitional Measures concerning Water Leisure Crafts Which Had Received Inspections under Other Act)
Where a ship which has been registered under Article 8 of the Ship Act and has received an inspection under the Ship Safety Act at the time this Act enters into force is registered as a water leisure craft according to the amended provisions of Article 30, it shall be deemed that the ship has received a new inspection under Article 37 (1) 1. Article 5 (Transitional Measures concerning Water Leisure Training Business)
Any water leisure training business registered under the previous provisions at the time this Act enters into force shall be deemed to have reported under the amended provisions of Article 39-2. Article 6 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of Addenda, the amended parts that have been promulgated but their enforcement dates have yet to arrive shall enter into force on their respective enforcement dates.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13186, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 13287, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13754, Jan. 7, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Cases of Conducting Safety Inspection in No Conformity with Relevant Facts Intentionally or by Gross Negligence)
The amended provisions of Article 38 (2) 1-2 shall begin to apply from the first case where a safety inspection is conducted in no conformity with the relevant facts intentionally or by gross negligence after this Act enters into force. Article 3 (Special Cases concerning Validity Period of Registration of Business)
| (1) | Where water-related leisure business referred to in Article 39 is registered before this Act enters into force, the validity period of registration thereof shall be deemed the period of business presented as at the time such water-related leisure business is registered: Provided, That, where such period of business exceeds ten years, the validity period of registration shall be deemed ten years. |
| (2) | Where a water-related leisure business operator, the validity period of registration of whose business has already elapsed or is expected to expire in less than six months according to the proviso to paragraph (1) as at the time this Act enters into force, intends to continue to conduct water-related leisure business even after the validity period of his/her business expires, he/she shall renew the registration pursuant to the amended provisions of Article 39-3 (2), by no later than six months from the date this Act enters into force. |
Article 4 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship or persons under limited guardianship referred to in the amended provisions of subparagraph 1 of Article 40 shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429). Article 5 (Transitional Measures concerning Administrative Fines)
The previous provisions shall govern when applying the provisions of administrative fines to offenses committed before the Act enters into force.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts amended by Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on their respective enforcement dates.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15005, 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 Standards for Exemption from License Examination Subjects)
The amended provisions of Article 7 (1) 2 shall apply, beginning with the first license examination executed after this Act enters into force.