Law Viewer

Back Home

ACT ON THE ARRIVAL, DEPARTURE, ETC. OF SHIPS

Act No. 13186, Feb. 3, 2015

Amended by Act No. 14732, Mar. 21, 2017

Act No. 14839, Jul. 26, 2017

Act No. 15003, Oct. 31, 2017

Act No. 15009, Oct. 31, 2017

Act No. 15012, Oct. 31, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters necessary to support the arrival and departure of ships in the water zone, etc. of trade ports and to maintain the safety and order of ship operation.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "trade port" means a harbor prescribed in subparagraph 2 of Article 2 of the Harbor Act;
2. The term “water zone, etc. of a trade port” means a water zone of a trade port and waterfront facilities outside a water zone, prescribed in subparagraph 5 (a) (i) of Article 2 of the Harbor Act, which are designated and notified by the Minister of Oceans and Fisheries;
3. The term “ship” means ships prescribed in Article 1-2 (1) of the Ship Act;
4. The term “tugboat” means a ship which assists docking, undocking, and mooring by pulling or pushing boats entering and exiting trade ports or moving nearby, among towing boats prescribed in subparagraph 13 of Article 2 of the Ship Safety Act (hereinafter referred to as “towing boat”);
5. The term “priority give-way vessel” means the following ships operating mainly in the water zone of trade ports, which must avoid the path of other ships:
(a) A barge prescribed in Article 1-2 (1) 3 of the Ship Act (including a tugboat and barge where a tugboat is pulling or pushing the barge, but excluding a pusher barge operating in linkage with a tugboat);
(b) A ship operating mainly by oars or poles;
(c) A tugboat;
(d) A ship owned by a person with a registered business relevant to harbor transport prescribed in Article 26-3 (1) of the Harbor Transport Business Act;
(e) A ship owned by a person with a registered business engaged in marine environment management pursuant to Article 70 (1) of the Marine Environment Management Act (excluding ships registered as a business dumping waste at sea);
(f) Ships, the gross tonnage of which is less than 20 tons not falling under any of the items (a) through (e);
6. The term “anchoring” means to stop navigating a ship by lowering an anchor to the seabed;
7. The term “anchorage” means a place where a ship can anchor;
8. The term “stoppage” means to stop navigating a ship temporarily at sea;
9. The term “mooring” means to fasten a ship to any part of the other facilities;
10. The term “laying up” means to stop navigating a ship and then anchor or moor;
11. The term “sea lane” means a waterway designated and notified pursuant to Article 10 to be used as a path of departure and arrival of ships;
12. The term “dangerous substance” means substances which can combust or explode or can harm humans or marine environment, prescribed by Ordinance of Oceans and Fisheries: Provided, That dangerous substances used by the relevant ship to maintain navigation of the ship or safety of human life;
13. The term “person in charge of dangerous substances” means captains of ships transporting dangerous substances pursuant to Article 37 (1) 1 and persons who handle dangerous substances;
14. The term “ship traffic control” means to establish and operate facilities to detect ships or to communicate with ships and take necessary measures for the improvement of safety and efficiency of ship traffic, and the protection of environment in the water zone, etc. of trade ports;
15. The term “ship traffic controller” means a person qualified pursuant to Article 21 (1) and conducts a ship traffic control.
 Article 3 (Relationship with Other Acts)
This Act shall apply to the arrival and departure of ships in the water zone, etc. of a trade port, except as otherwise expressly provided for in other Acts.
CHAPTER II ARRIVAL, DEPARTURE AND ANCHORING
 Article 4 (Entry Report)
(1) A captain of a ship which intends to enter the water zone, etc. of a trade port (hereinafter referred to as “captain”) shall report to the Minister of Oceans and Fisheries, as prescribed by Presidential Decree: Provided, That the following ships need not report such entry:
1. Ships, the gross tonnage of which is less than five tons;
2. Ships used for rescue following marine accidents;
3. Motor boats and engine-powered boats operating between domestic ports among the leisure watercrafts prescribed in subparagarph 3 of Article 2 of the Water-Related Leisure Activities Safety Act;
4. Other ships prescribed by Ordinance of Oceans and Fisheries for public purposes or efficient port operations.
(2) Notwithstanding paragraph (1), in cases of war, other national emergencies equivalent thereto, or cases necessary for national security, the captain shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
 Article 5 (Use, etc. of Anchoring)
(1) The Minister of Oceans and Fisheries may designate and publicly notify a anchoring zone or anchorage according to the types, number of tones, draft, or types of luggage of the ships which anchor in the water zone, etc. of a trade port.
(2) Any ship which intends to anchor in the water zone, etc. of trade ports (excluding priority give-way vessel) shall anchor in the anchoring zones or anchorage pursuant to paragraph (1): Provided, That this shall not apply in extenuating circumstances prescribed by Ordinance of Oceans and Fisheries including avoiding marine accidents.
(3) No priority give-way vessel shall anchor or stop in any place which can interrupt the navigation of other ships.
(4) The captain of the ships which anchored in the places other than anchoring zones or anchorages pursuant to the proviso of paragraph (2) shall immediately report such fact to the Minister of Oceans and Fisheries.
 Article 6 (Limitation and Method, etc. of Stoppage)
(1) No ship shall anchor or stop in the water zone, etc. of trade ports in the following places:
1. The water zone near a wharf, landing pier, quay, mooring buoy, dolphin and dock;
2. The water zone near a river, canal, other narrow waterway and the entrance to moorings.
(2) Notwithstanding paragraph (1), no anchoring or stoppage is allowed in the place prescribed in subparagraphs of paragraph (1) in the following cases:
1. Where it is necessary to avoid marine accidents prescribed in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents;
2. Where it is impracticable to steer ships due to breakdown of ships or other causes;
3. Where it is necessary to save a life or rescue a ship in danger;
4. Where it is used in construction or other works which obtained permission prescribed in Article 41.
(3) Except for the limitation of anchoring or stoppage of ships prescribed in paragraph (1), the details regarding the limitation of anchoring or stoppage of ships in the water zone, etc. of a trade port for each trade port shall be determined and publicly notified by the Minister of Oceans and Fisheries.
(4) Ships which anchor in the water zone, etc. of a trade port shall take measures necessary to ensure safety, such as lifting anchor fasteners to drop reserve anchor without delay and maintaining the status of engine of a power boat to be operated immediately.
(5) Where the Minister of Oceans and Fisheries deemed it necessary to ensure the safety of ships, he/she may order a person to change the anchoring place or method for the ships which anchor in the water zone, etc. of a trade port.
 Article 7 (Report on Mooring, etc. of Ships)
(1) Any person who intends to moor a ship of at least 20 tons gross tonnage at a water zone, etc. of a trade port shall report such intention to the Minister of Oceans and Fisheries, as prescribed by Ordinance of Oceans and Fisheries.
(2) Any person who intends to moor a ship pursuant to paragraph (1) shall moor the ship at the place designated by the Minister of Oceans and Fisheries.
(3) Where the Minister of Oceans and Fisheries deems necessary to ensure the safety of a ship on mooring, he/she may order the owner or lessee of the ship to embark the required number of sailors to maintain safety.
 Article 8 (Order to Move Ships)
The Minister of Oceans and Fisheries may order a ship in the water zone, etc. of a trade port to move to the place determined by the Minister of Oceans and Fisheries, in the following cases:
1. Where it is found necessary to operate a trade port efficiently;
2. Where it is found necessary in case of war, other incidents or other state of national emergency equivalent thereto, or in cases necessary for national security.
 Article 9 (Limitation of Ship Traffic)
(1) The Minister of Oceans and Fisheries may limit or prohibit ship traffic by designating a sea lane or zone if deemed necessary to ensure the safety of ship traffic in the water zone, etc. of a trade port.
(2) Where the Minister of Oceans and Fisheries designated the sea lane or zone pursuant to paragraph (1), he/she shall determine and publicly notify the location of the sea lane or zone and the period of limitation and prohibition.
CHAPTER III SEA LANES AND NAVIGATION
 Article 10 (Designation and Observation of Sea Lanes)
(1) Where it is necessary for the safety of ship traffic in the water zone, etc. of a trade port, The Minister of Oceans and Fisheries may designate and publicly notify the waterway in the trade port and outside the water zone of a trade port as the sea lane if necessary to ensure the safety of ship traffic in the water zone, etc. of a trade port.
(2) Where a ship, other than a priority give-way vessel, enters the water zone, etc. of a trade port or passes through the water zone, etc. of a trade port, it shall navigate along the sea lane designated and publicly notified pursuant to paragraph (1): Provided, That this shall not apply in cases prescribed by Ordinance of Oceans and Fisheries, such as avoidance of marine accidents.
 Article 11 (Prohibition of Anchoring, etc. in Sea Lane)
(1) No captain shall anchor or stop a ship in a sea lane or leave a towed ship or floating material unattended: Provided, That this shall not apply in any case falling under any subparagraph of Article 6 (2).
(2) Any person who intends to anchor or stop a ship due to any reason falling under subparagraphs 1 through 3 of Article 6 (2) shall report such fact to the Minister of Oceans and Fisheries. In such case, the captain of the ship under subparagraph 2 shall display the mark of vessels not under command pursuant to Article 85 (1) of the Maritime Safety Act.
 Article 12 (Navigation along Sea Lane)
(1) All ships shall navigate as follows:
1. A ship which enters a sea lane or moves out of a sea lane shall navigate by avoiding the course of other ships navigating along the sea lane;
2. No ship shall navigate in parallel with any other ship;
3. A ship shall navigate on the right side where there is a concern of running into other ships;
4. A ship shall not overtake other ships: Provided, That when it is possible to see the ship which is to be overtaken and it is safe to so overtake it, a ship shall overtake using the methods prescribed in Article 67 (5) and 71 of the Maritime Safety Act;
5. No ship shall obstruct the course of any ship transporting any dangerous substance prescribed in Article 37 (1) 1 (excluding tank vessels among the ships prescribed in subparagraph 5 (d) of Article 2) or the vessel constrained by her draught prescribed in subparagraph 14 of Article 2 of the Maritime Safety Act;
6. No sail ship prescribed in Article 1-2 (1) 2 of the Ship Act shall navigate along a sea lane in a zigzag course.
(2) Where the Minister of Oceans and Fisheries deems that it is especially necessary for the safety of ship traffic, he/she may determine and publicly notify the matters regarding the navigation, etc. along sea lanes, apart from the matters prescribed in paragraph (1). In such cases, ships shall navigate accordingly.
 Article 13 (Navigation Near Breakwater)
Where a ship entering the water zone, etc. of a trade port risks running into any ship departing at entrance, etc. of breakwater, it shall avoid the course of the departing ship outside the breakwater.
 Article 14 (Navigation Near Wharf, etc.)
Where a ship navigates by keeping close to a sandbar, and land protruding from wharf, breakwater and other artificial facilities, or ships on anchoring (hereinafter referred to as “wharf, etc.” in this Article) on the right side of the ship in the water zone, etc. of a trade port, it shall navigate by approaching the wharf, etc.; and where a ship navigates by keeping to a wharf, etc. on the left side of the ship, it shall navigate away therefrom.
 Article 15 (Navigation of Towing Boat, etc.)
(1) Where a towing boat navigates by towing any other ship in the water zone, etc. of a trade port, it shall follow the methods prescribed by Ordinance of Oceans and Fisheries.
(2) Where a sail ship navigates in the water zone, etc. of a trade port, it shall shorten a sail or have a towing boat tow the sail ship.
 Article 16 (Prohibition against Obstructing Path)
(1) No priority give-way vessel shall obstruct the path of any other ship in the water zone, etc. of a trade port or near the water zone of a trade port.
(2) No ship which obtains permission for construction, etc. pursuant to Article 41 (1) and no ship which obtained permission for events such as ship races pursuant to Article 42 (1) shall obstruct the path of other ships in the water zone, etc. of a trade port.
 Article 17 (Speed, etc. Limits)
(1) Where a ship navigates in the water zone, etc. of a trade port or near the water zone of a trade port, it shall navigate at a speed that does not pose a risk to any other ship.
(2) Where the Commissioner General of the Korea Coast Guard deems that there is a concern that a ship navigates so rapidly that it may affect the safe navigation of other ships in the water zone, etc. of a trade port, he/she may request the Minister of Oceans and Fisheries to designate the maximum speed for navigation in the relevant water zone, etc. of a trade port. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Upon receipt of a request pursuant to paragraph (2), the Minister of Oceans and Fisheries shall designate and notify the maximum speed for navigation in the water zone, etc. of a trade port except in extenuating circumstances. In such cases, the ship shall navigate within a range of the notified maximum navigation speed.
 Article 18 (Distance Among Navigating Ships)
Where at least two ships navigate into the water zone, etc. of a trade port, they shall maintain a safe distance between the ships to prevent them from colliding.
CHAPTER IV SHIP TRAFFIC CONTROL
 Article 19 (Conduct of Ship Traffic Control)
(1) The Minister of Oceans and Fisheries may conduct ship traffic control in waters including the water zone, etc. of a trade port in partnership with the Commissioner General of the Korea Coast Guard. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Where the Commissioner General of the Korea Coast Guard conducts ship traffic control under paragraph (1), he/she shall determine and publicly announce waters where he/she conducts the ship traffic control (hereinafter referred to as “ship traffic control zone”) after listening to the opinion of the Minister of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 20 (Operation, etc. of Ship Traffic Control)
(1) Where a ship enters or passes a ship traffic control zone or moves, anchors, or moors in the ship traffic control zone, it shall follow the ship traffic control: Provided, That where it is impossible to navigate the ship safely for obvious reasons, it may not follow the ship traffic control.
(2) Notwithstanding ship traffic control, a captain shall not be exempt from responsibility to safely navigate the relevant ship.
(3) Necessary matters concerning the procedure for conducting the ship traffic control and the ship subject thereto, management of ship traffic control facilities, etc., shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 21 (Qualifications and Duties of Ship Traffic Controller)
(1) A ship traffic controller shall be a person who has completed the education course for ship traffic controllers offered by the Commissioner General of the Korea Coast Guard and who has passed the evaluation from among public officials of the Ministry of Oceans and Fisheries or the Korea Coast Guard. <Amended by Act No. 14839, Jul. 26, 2017>
(2) A ship traffic controller shall perform the following duties:
1. Observing and identifying ships operating in the ship traffic control zone and providing information, advice and instructions necessary to ensure safety;
2. Providing port operation information such as the information on berths, anchorage, pilot boats, and tug boats necessary to ensure the efficient operation of a port in the water zone, etc. of a trade port.
(3) Matters necessary for the education, evaluation, etc. of ship traffic controllers prescribed in paragraph (1), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 22 (Ship Traffic Control Communication)
Where a ship subject to the ship traffic control prescribed in Article 20 (3) navigates into the ship traffic control zone, it shall have the wireless facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries and shall always listen and answer to the control communication for call response prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017>
CHAPTER V TUGBOATS
 Article 23 (Duty to Use Tugboats)
(1) The Minister of Oceans and Fisheries shall have the ships above a certain size notified by the Minister of Oceans and Fisheries use tugboats to protect port facilities and ensure safety of ships.
(2) To have the ships which shall use tugboats prescribed in paragraph (1) use tugboats befitting their sizes, the Minister of Oceans and Fisheries may determine and publicly notify the standards for the use of tugboats (hereinafter referred to as “standards for the use of tugboats”).
 Article 24 (Registration, etc. of Tugboat Business)
(1) Any person who intends to engage in the business of conducting boat tugging (hereinafter referred to as “tug boat business”) in a trade port shall register it with the Minister of Oceans and Fisheries. The same shall apply where he/she intends to modify the registered information prescribed by Ordinance of Ministry of Oceans and Fisheries among the registered information.
(2) The registration of or registration for modification of the tugboat business shall be made by each trade port, and it shall meet the following standards under paragraph (1): <Amended by Act No. 15012, Oct. 31, 2017>
1. Tugboats shall be the self-owned tug boats (including bareboat charters of one’s own name or lease tug boats agreed to be one’s own), of which the horse power according to the criteria for the possession of tugboats by each trade port prescribed by Ordinance of Ministry of Oceans and Fisheries (hereinafter referred to as “towing power”) and the number of tugboats is appropriate;
2. The type of tugboat propeller shall be the omnidirectional propeller;
3. Tugboats shall have facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries such as fire extinguishing facilities;
4. The age of the relevant tugboats shall be not more than 12 years at the time of registration or registration for modification: Provided, That the cases of ships which are registered or the modification thereto of the registration therefor is registered in the trade port which the Minister of Oceans and Fisheries deemed that the business profitability is low due to a low tugboat demand or the cases where the Korea Marine Environment Corporation registered the modification thereof to place ships to prepare for and respond to marine pollution pursuant to Article 67 of the Marine Environment Management Act.
(3) Notwithstanding paragraph (2), in the following cases more than two trade ports shall be registered under one tugboat business according to the criteria for the possession of tugboats by each trade port prescribed by Ordinance of the Ministry of Oceans and Fisheries in the following cases:
1. Where only a small number of ships enters one trade port;
2. Where at least two trade ports are mutually adjacent.
(4) Where the Minister of Oceans and Fisheries deems it necessary to stably perform tugboat business, he/she may allow a tugboat registered at a trade port other than the one at which tugboat business is registered to be used. <Newly Inserted by Act No. 14732, Mar. 21, 2017>
(5) Matters necessary for the criteria and procedures for using the tugboat registered at another trade port under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 14732, Mar. 21, 2017>
 Article 24 (Registration, etc. of Tugboat Business)
(1) Any person who intends to engage in the business of conducting boat tugging (hereinafter referred to as “tug boat business”) in a trade port shall register it with the Minister of Oceans and Fisheries. The same shall apply where he/she intends to modify the registered information prescribed by Ordinance of Ministry of Oceans and Fisheries among the registered information.
(2) The registration of or registration for modification of the tugboat business shall be made by each trade port, and it shall meet the following standards under paragraph (1): <Amended by Act Nos. 15003 &, 15012, Oct. 31, 2017>
1. Tugboats shall be the self-owned tug boats (including bareboat charters of one’s own name or lease tug boats agreed to be one’s own), of which the horse power according to the criteria for the possession of tugboats by each trade port prescribed by Ordinance of Ministry of Oceans and Fisheries (hereinafter referred to as “towing power”) and the number of tugboats is appropriate;
2. The type of tugboat propeller shall be the omnidirectional propeller;
3. Tugboats shall have facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries such as fire extinguishing facilities;
4. The age of a tugboat shall comply with the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries, on condition that the age of the relevant tugboat at the time of registration or registration for modification shall be not more than 12 years: Provided, That the cases of ships which are registered or the modification thereto of the registration therefor is registered in the trade port which the Minister of Oceans and Fisheries deemed that the business profitability is low due to a low tugboat demand or the cases where the Korea Marine Environment Corporation registered the modification thereof to place ships to prepare for and respond to marine pollution pursuant to Article 67 of the Marine Environment Management Act.
(3) Notwithstanding paragraph (2), in the following cases more than two trade ports shall be registered under one tugboat business according to the criteria for the possession of tugboats by each trade port prescribed by Ordinance of the Ministry of Oceans and Fisheries in the following cases:
1. Where only a small number of ships enters one trade port;
2. Where at least two trade ports are mutually adjacent.
(4) Where the Minister of Oceans and Fisheries deems it necessary to stably perform tugboat business, he/she may allow a tugboat registered at a trade port other than the one at which tugboat business is registered to be used. <Newly Inserted by Act No. 14732, Mar. 21, 2017>
(5) Matters necessary for the criteria and procedures for using the tugboat registered at another trade port under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 14732, Mar. 21, 2017>
 Article 25 (Limitation on Registration of Tugboat Business)
(1) None of the following persons shall register a tugboat business: <Amended by Act No. 15003, Oct. 31, 2017>
1. Shippers of crude, raw materials for iron manufacturing, liquefied gases, or coal used for power generation;
2. Providers of regular overseas cargo transportation services and providers of non-regular overseas cargo transportation services prescribed in the Marine Transportation Act;
3. Shipbuilding business entities;
4. Corporations practically owned or controlled by persons falling under any subparagraphs 1 through 3 (hereinafter referred to as “related corporations”) and persons in a special relationship therewith (hereinafter referred to as “specially related persons”);
5. A person for whom two years have not passed since his/her registration is cancelled by the causes in subparagraph 1 or 5 of Article 26.
(2) The scope, etc. of related corporations and spacially related persons shall be prescribed by Presidential Decree.
(3) Paragraph (1) shall apply mutatis mutandis to persons who succeed to the rights and obligations of tugboat business pursuant to Article 28.
(4) Where it is necessary for the prevention of safety accidents and for the efficient operation of tugboat business, and waiting places for tugboats within ports fall short of the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries, the Minister of Oceans and Fisheries may reject the registration of tugboat business. <Newly Inserted by Act No. 15003, Oct. 31, 2017>
 Article 25-2 (Supply and Demand Control for Tugboats)
(1) If necessary to control the supply of and demand for tugboats, the Minister of Oceans and Fisheries may formulate a tugboat supply and demand plan in which the following matters are reflected. In such cases, he/she shall listen to the opinions of the Tugboat Operation Council prescribed in Article 30:
1. Economic trends and prospects for tugboat business;
2. Conditions and actual status of operation of tugboat business by port;
3. Status of supply of and demand for tugboats by port and by horse power;
4. Other matters prescribed by Presidential Decree, which are necessary for the formulation of tugboat supply and demand plans.
(2) Upon the formulation of tugboat supply and demand plans prescribed in paragraph (1), the Minister of Oceans and Fisheries shall publish such plans in the official gazette, website, etc.
(3) The Minister of Oceans and Fisheries may put limitation on the registration or registration for modification of tugboat business for a specific period or add conditions to registration or registration for modification based on tugboat supply and demand plans formulated.
(4) Other matters necessary for tugboat supply and demand plans and supply and demand control procedures, substitution of existing tugboats, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 15003, Oct. 31, 2017]
 Article 25-3 (Evaluation of Services of Tugboat Business Operators)
(1) To improve tugboat services, the Minister of Oceans and Fisheries may evaluate persons who have registered tugboat business pursuant to Article 24 (1) (hereinafter referred to as "tugboat business operator") in terms of safety in the operation of tugboats and satisfaction of users (hereinafter referred to as "evaluation of services"), as prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries may grant rewards to tugboat business operators who obtain outstanding results in the evaluation of services, and may treat them preferentially, as proscribed by Presidential Decree.
(3) The Minister of Oceans and Fisheries may treat tugboat business operators who obtain poor results in the evaluation of services disadvantageously in the increase of number of tugboats, etc., as prescribed by Presidential Decree.
(4) The Minister of Oceans and Fisheries shall listen to the opinions of the Tugboat Operation Council prescribed in Article 30 as to the methods of evaluation of services prescribed in paragraph (1), standards for outstanding tugboat business operators prescribed in paragraph (2), standards for tugboat business operators lagging behind prescribed in paragraph (3), etc.
(5) The Minister of Oceans and Fisheries may publish the results of evaluation of services, as prescribed by Presidential Decree.
(6) The Minister of Oceans and Fisheries may establish a tugboat service evaluation committee to deliberate on matters concerning methods of evaluation of services prescribed in paragraph (1), standards for tugboat business operators outstanding and lagging behind prescribed in paragraphs (2) and (3), etc.
(7) Matters necessary for methods and procedures of evaluation of services, organization and operation of the Tugboat Service Evaluation Committee, etc. other than those provided for in paragraphs (1) through (6) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 15003, Oct. 31, 2017]
 Article 26 (Cancellation, etc. of Registration)
Where a tugboat business operator falls under any of the following, the Minister of Oceans and Fisheries may cancel the registration thereof or order a suspension of the business for a fixed period of not more than six months: Provided, That he/she shall cancel such registration in cases falling under any one of subparagraphs 1 through 3: <Amended by Act No. 15003, Oct. 31, 2017>
1. Where the registration or the registration for modification was made by fraud or other improper means;
2. Where it fails to meet any of the standards prescribed in Article 24 (2);
3. Where it falls under any of the subparagraph of Article 25 (1);
3-2. Where a tugboat business operator violates conditions prescribed in Article 25-2 (3);
4. Where he/she refuses the request to use the tugboat without good cause in violation of Article 29 (1) or fails to undergo a towing capacity examination in violation of Article 29 (2);
4-2. Where a tugboat business operator allocates tugboats jointly in violation of the proviso to Article 29-2 (1);
5. Where a tugboat business operator fails to comply with an order for improvement prescribed in Article 49 (2).
 Article 27 (Imposition of Penalty Surcharge)
(1) Where a tugboat business operator suspends a business due to reasons falling under subparagarph 4 of Article 26, the Minister of Oceans and Fisheries may impose a penalty surcharge not exceeding 10 million won in lieu of the disposition of business suspension when there is no tugboat which is to be used according to the standards for the use of tug boats.
(2) The amount of penalty surcharge determined according to the type and degree of violation for which a penalty surcharge is imposed pursuant to paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree.
(3) Where a tugboat business operator fails to pay the penalty surcharge prescribed in paragraph (1), the Minister of Oceans and Fisheries may collect it in the same manner as delinquent national taxes are collected.
 Article 28 (Succession to Rights and Obligations)
Any of the following persons shall succeed to the rights and obligations of a tugboat business operator:
1. Where a tugboat business operator passes away: his/her heir;
2. Where a tugboat business operator transfers the business: the transferee thereof;
3. Where a tugboat business operator, which is a corporation, merges with another corporation: the corporation which survives or the corporation incorporated in the course of the merger.
 Article 29 (Matters to Be Observed by Tugboat Business Operators)
(1) No tugboat business operator shall refuse any request to use a tugboat except in the following cases:
1. Where the navigation of ships is limited pursuant to other statutes;
2. Where it is extremely difficult to perform towing due to a natural disaster or other irresistible causes;
3. Where there is good cause prescribed by the tugboat operation council prescribed in Article 30.
(2) A tugboat business operator shall manage each tugboat which was registered or the modification thereof was registered to maintain its towing power, and shall undergo an inspection conducted by the Minister of Oceans and Fisheries to verify whether tugboats have sufficient towing power as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The Minister of Oceans and Fisheries may determine and notify the method of inspection pursuant to paragraph (2).
 Article 29-2 (Methods to Allocate Tugboats)
(1) Any tugboat business operator requested to provide tugboats shall allocate the tugboats exclusively: Provided, That where it is necessary for the joint utilization of tugboats, etc., and tugboat business operators have announced the methods and details of jointly allocating tugboats to tugboat users, etc. in advance, tugboats may be allocated jointly between the tugboat business operators.
(2) Matters concerning methods and details, methods and detailed procedures of announcement, etc. of joint allocation of tugboats prescribed in the proviso to paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 15003, Oct. 31, 2017]
 Article 30 (Tugboat Operation Council)
(1) The Minister of Oceans and Fisheries may allow the establishment and operation of the tugboat operation council comprised of persons who represent a tugboat business, persons who represent tugboat users and marine and port experts to operate tugboats smoothly.
(2) Matters necessary for the function, organization and operation, etc. of the tugboat operation council pursuant to paragraph (1) shall be prescribed by Presidential Decree.
(3) Where falling into any of the following cases, the Minister of Oceans and Fisheries may adjust or request re-consultation to the Tugboat Operation Council: <Amended by Act No. 15003, Oct. 31, 2017>
1. Where no consultation takes place on the operation of tugboats, etc. at the Tugboat Operation Council;
2. Where the results of consultation of the Tugboat Operation Council are recognized to impair the sound development of tugboat business or infringe the rights and interests of users of tugboats.
 Article 31 (Exemption from Application for Tugboat Business)
No provision of this Act relevant to the tugboat business shall apply to any tugboat possessed or managed to move ships, etc. or assist navigation for the purpose of building, repairing tugboats, or undergoing any sea trial in dockyard.
CHAPTER VI MANAGEMENT, ETC. OF DANGEROUS SUBSTANCES
 Article 32 (Bringing in Dangerous Substances)
(1) Any person who intends to bring any dangerous substance into the water zone, etc. of a trade port shall report such intention to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Upon receipt of the report prescribed in paragraph (1), the Minister of Oceans and Fisheries may limit the types and amount of dangerous substances, which may be brought in, or issue an order to take measures necessary to ensure safety, by considering the safety of trade ports and the water zone, etc. of trade ports, and prevention of pollution and capacity to store, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 33 (Anchoring, etc. of Ships Transporting Dangerous Substances)
No ship transporting dangerous substances prescribed in Article 37 (1) 1 shall anchor or stop at any place not designated by the Minister of Oceans and Fisheries.
 Article 34 (Loading and Unloading of Dangerous Substances)
(1) Any person who intends to load or unload a dangerous substance in the water zone, etc. of a trade port, shall formulate a safety management plan, as prescribed by Presidential Decree and obtain approval from the Minister of Oceans and Fisheries. The same shall apply where he/she intends to modify the matters prescribed by Presidential Decree among the approved matters.
(2) The Minister of Oceans and Fisheries may order the amendment of a safety management plan formulated pursuant to paragraph (1) as he/she deems necessary to ensure the safety of the trade port.
(3) Where the Minister of Oceans and Fisheries may prohibit or suspend the loading or unloading by the person who obtains approval under paragraph (1) or may allow the loading or unloading by designating the place other than the water zone, etc. of a trade port as prescribed by Ordinance of the Ministry of Oceans and Fisheries as he/she deems it appropriate to load or unload dangerous substances in the water zone, etc. of a trade port due to any unavoidable cause.
(4) Any person who intends to load or unload a dangerous substance in the place prescribed by Ordinance of the Ministry of Oceans and Fisheries, other than the water zone, etc. of a trade port, shall be deem the person who is in the water zone, etc. of a trade port.
 Article 35 (Safety Measures, etc. in Handling Dangerous Substances)
(1) A person in charge of handling dangerous substances in the water zone, etc. of a trade port, shall take measures necessary to ensure safety as follows:
1. Securing and placing safety managers regarding handing dangerous substances (hereinafter referred to as “safety manager charged with handling dangerous substances”): Provided, That the same shall not apply where a specialized safety management company retaining safety managers charged with handling dangerous substances was ordered to perform the duties of a safety manager, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. On-site placement of safety managers charged with handling dangerous substances in wharf docking or undocking of ships transporting dangerous substances prescribed by Ordinance of Oceans and Fisheries;
3. Furnishing fire apparatus suitable to the characteristics of dangerous substances;
4. Establishing hazard signs and access control facilities;
5. Securing a means of communication between ships and land;
6. Safety education for workers and other matters necessary to ensure safety prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) The qualifications of safety managers charged with handling dangerous substances and standards for retaining them, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The Minister of Oceans and Fisheries may order reinforcement or improvement of facilities, the number of persons, equipment, etc. to be addressed by safety managers charged with handling dangerous substances who failed to take safety measures prescribed in paragraph (1).
 Article 35 (Safety Measures, etc. in Handling Dangerous Substances)
(1) A person in charge of handling dangerous substances in the water zone, etc. of a trade port, shall take measures necessary to ensure safety as follows:
1. Securing and placing safety managers regarding handing dangerous substances (hereinafter referred to as “safety manager charged with handling dangerous substances”): Provided, That the same shall not apply where a specialized safety management company retaining safety managers charged with handling dangerous substances was ordered to perform the duties of a safety manager as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. On-site placement of safety managers charged with handling dangerous substances in wharf docking or undocking of ships transporting dangerous substances prescribed by Ordinance of Oceans and Fisheries;
3. Furnishing fire apparatus suitable to the characteristics of dangerous substances;
4. Establishing hazard signs and access control facilities;
5. Securing a means of communication between ships and land;
6. Safety education for workers and other matters necessary to ensure safety prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Each safety manager charged with handling dangerous substances shall receive education related to safety management, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 15003, Oct. 31, 2017>
(3) Where a person in charge of handling dangerous substances employs a safety manager charged with handling dangerous substances, he/she shall have the safety manager receive education related to safety management. In such cases, the person in charge of handling dangerous substances shall bear the costs of the education. <Newly Inserted by Act No. 15003, Oct. 31, 2017>
(4) Qualifications for, standards for retaining, and implementation of education for safety managers charged with handling dangerous substances shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 15003, Oct. 31, 2017>
(5) The Minister of Oceans and Fisheries may order reinforcement or improvement of facilities, the number of persons, equipment, etc. to be addressed by safety managers charged with handling dangerous substances who failed to take safety measures prescribed in paragraph (1).
(6) Any person who operates mooring dolphins which ships of not less than 50,000 tons transporting dangerous substances prescribed by Ordinance of the Ministry of Oceans and Fisheries come alongside shall be equipped with safety equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries so that the relevant ships can come alongside the mooring dolphins safely for unloading. <Newly Inserted by Act No. 15003, Oct. 31, 2017>
 Article 36 (Designation and Cancellation, etc. of Educational Institutions)
(1) The Minister of Oceans and Fisheries may designate and publicly notify educational institutions for the education of safety managers charged with handling dangerous substances. <Amended by Act No. 15003, Oct. 31, 2017>
(2) Matters necessary for the designation and operation of educational institutions, such as standards for designation and educational contents, etc. of educational institutions prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The Minister of Oceans and Fisheries may check and inspect education plans or records, etc. of educational institutions and may order the rectification thereof where it is found necessary as a result of such check and/or inspection.
(4) The Minister of Oceans and Fisheries may cancel the designation of an educational institution or order a suspension of business thereof for a specified period not to exceed six months where the educational institution falls under any of the followings: Provided, That he/she shall cancel the designation thereof in the case of subparagraph 1:
1. Where it was designated as an educational institution by fraud or other improper means;
2. Where it reported any education record by fraud;
3. Where it failed to comply with the corrective order issued under paragraph (3);
4. Where no educational record is made for at least two years from the date it was designated as an educational institution;
5. Where the Minister of Oceans and Fisheries deemed it impracticable to perform duties as an educational institution.
 Article 37 (Permission, etc. to Repair Ships)
(1) Where a captain intends to repair any of the following ships by a method such as welding, which generates flame or heat, he/she shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the ship prescribed in subparagraph 2 shall be subject to permission only in cases where the repair work is done in the engine room, fuel tank and other danger zone in the ship prescribed by Ordinance of the Ministry of Oceans and Fisheries:
1. A ship storing and transferring dangerous substances and a ship at a risk of combustion or explosion due to inflammable or explosive gas remaining even after unloading (herein after referred to as “ship transporting dangerous substances”);
2. A ship, the gross tonnage of which is at least 20 tons (excluding a ship transporting dangerous substances).
(2) Upon receipt of an application for permission prescribed in paragraph (1), the Minister of Oceans and Fisheries shall grant such permission except where any contents of the application fall under any of the following:
1. Where the captain intends to repair the ship by any method which could combust, explode, etc.;
2. Where the qualifications of the person who conducts the repair work such as a welder, are deemed insufficient;
3. Where the measures necessary for preventing accidents such as fire, explosion, etc., are deemed insufficient;
4. Where ship repair is deemed to undermine the safety of adjacent ships and port facilities;
5. Where the place and time, etc. of repair is deemed to affect the port operation;
6. Where it cannot be proven that there is no inflammable or explosive gas in the area to be repaired, in cases of ships transferring dangerous substances.
(3) When the captain intends to repair ships the gross tonnage of which is at least 20 tons by any method such as welding which generates flame or heat outside the danger zone prescribed in the proviso of paragraph (1), the captain of the relevant ship shall report such intention to the Minister of Oceans and Fisheries as prescribed by Ordinance of Oceans and Fisheries.
(4) Each person who intends to repair a ship pursuant to paragraphs (1) through (3), shall anchor or moor the relevant ship in the place designated by the Minister of Oceans and Fisheries.
(5) When the Minister of Oceans and Fisheries deems that it is necessary to ensure the safety of the ship under repair, he/she may issue an order to take measures necessary to ensure the safety to the owner or lessee of the relevant ship as prescribed by Ordinance of Oceans and Fisheries.
CHAPTER VII CONSERVATION OF WATERWAY
 Article 38 (Prohibition, etc. of Dumping of Waste)
(1) No one shall dump any waste which could endanger the safe navigation of any ship, such as soil, stones, tree material, fishing gear, etc. on the water surface of the water zone, etc. of a trade port or within ten kilometers outside the water zone of a trade port.
(2) A person who intends to load or unload any object which is easily scattered, such as coal, stone, and brick, in the water zone, etc. of a trade port or near water zone of a trade port shall take necessary measures prescribed by Presidential Decree to prevent such objects from falling on the water surface.
(3) The Minister of Oceans and Fisheries may order a person who dumps waste in violation of paragraph (1) or who drop the objects which can be easily scattered onto the water surface, in violation of paragraph (2), to remove the relevant waste or objects.
 Article 39 (Measures in Case of Marine Accident, etc.)
(1) A captain of a ship in distress which could affect the navigation of other ships or safety of a trade port due to disasters such as marine accidents, fire, etc. in the water zone, etc. of a trade port or in a place adjacent to the water zone of a trade port, shall immediately take necessary measures such as establishing navigational aids prescribed in subparagraph 1 of Article 2 of the Navigational Aids Act. <Amended by Act No. 15009, Dec. 31, 2017>
(2) Where the captain of the ship in distress prescribed in paragraph (1) is unable to take measures prescribed in the same paragraph, he/she may request the Minister of Oceans and Fisheries to take necessary measures prescribed by Ordinance of Oceans and Fisheries.
(3) Where the Ministry of Oceans and Fisheries took measures prescribed in paragraph (2), the owner or lessee of the relevant ship shall reimburse the expenses incurred in taking such measures, to the Minister of Oceans and Fisheries.
(4) Where the owner or lessee of a ship fails to pay expenses incurred in taking the measures pursuant to paragraph (3), the Minister of Oceans and Fisheries may collect such expenses in the same manner as he/she does delinquent national taxes.
(5) The methods of calculating expenses and procedures for reimbursement of the expenses prescribed in paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 40 (Removal of Obstacles)
(1) Where the Minister of Oceans and Fisheries finds an object which obstructs, or is likely to obstruct, the navigation of ships in the water zone, etc. of a trade port or in a place adjacent to the water zone of a trade port (hereinafter referred to as “obstacle”), he/she may order the owner or user of the obstacle to remove it.
(2) Where the owner or user of the obstacle fails to comply with the order prescribed in paragraph (1), the Minister of Oceans and Fisheries may vicariously execute the order pursuant to Article 3 (1) and (2) of the Administrative Vicarious Execution Act.
(3) Where it is difficult to achieve goals by following the procedure prescribed in paragraph (2) in any of the following cases, the Minister of Oceans and Fisheries may take necessary measures, such as removing obstacles, without following the procedure:
1. Where it is difficult to ascertain the owner or user of obstacles;
2. Where the water front facilities prescribed in subparagraph 2 of Article 2 are illegally occupied and used repeatedly and habitually;
3. Other cases where it is necessary to remove obstacles quickly since they obstruct or are likely to obstruct navigation of ships.
(4) The expenses incurred in removing the obstacles pursuant to paragraph (3) shall be paid by the owner or user of the relevant objects, but where it is impossible to ascertain the owner or user, the expenses shall be covered by disposing the objects as prescribed by Presidential Decree.
(5) Minimum measures prescribed in paragraph (3) shall be taken to maintain the safety and order of ship traffic.
(6) The Minister of Oceans and Fisheries shall retain and manage the obstacles removed pursuant to paragraphs (2) and (3). In such cases, where he/she deems it improper to manage them directly since expertise is necessary or in extenuating circumstances, he/she may have the Korea Asset Management Corporation established pursuant to the Act on the Efficient Disposal of Non-performing Assets, etc, of Financial Companies and the Establishment of Korea Asset Management Corporation manage the obstacles by proxy as prescribed by Presidential Decree.
(7) Where the Korea Asset Management Corporation manages obstacles by proxy pursuant to paragraph (6), the Minister of Oceans and Fisheries may pay the charges as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(8) Where the Korea Asset Management Corporation manages obstacles by proxy pursuant to paragraph (6), the executives and staff of the Korea Asset Management Corporation are deemed public officials for the purpose of the penalty provisions pursuant to Articles 129 through 132 of the Criminal Act.
(9) Matters necessary for retaining and managing obstacles and managing obstacles by proxy pursuant to paragraph (6) shall be prescribed by Presidential Decree.
 Article 41 (Permission to Engage in Construction, etc.)
(1) A person who intends to conduct the construction or other works prescribed by Presidential Decree in the water zone, etc. of a trade port or in a place adjacent to the water zone shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where the Minister of Oceans and Fisheries grant permission pursuant to paragraph (1), he/she may order the measures necessary to ensure the safety of ship traffic, preservation of freight and safety of a trade port.
 Article 42 (Permission to Host Ship Regatta and Other Events)
(1) A person who intends to hold an event prescribed by Presidential Decree such as a ship regatta in the water zone, etc. of a trade port shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Upon receipt of an application for permission pursuant to paragraph (1), the Minister of Oceans and Fisheries shall grant permission except in any of the following cases:
1. Where the event is likely to result in an accident, such as collision, stranding, sinking, etc. of ships;
2. Where the location and time, etc. of the event is likely to affect the port operation;
3. Where the event is likely to obstruct navigation, such as entry of other ships;
4. Where the event is likely to affect loading or unloading, or keeping of freight by other ships.
(3) Where the Minister of Oceans and Fisheries granted permission prescribed in paragraph (1), he/she shall notify the Commissioner General of the Korea Coast Guard of such fact. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 43 (Permission for Floating Material)
(1) A person who intends to engage in any of the following activities in relation to floating material, such as lumber which hinders the safety of ship traffic in the water zone, etc., of a trade port, shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:
1. A person who intends to allow floating material to float on the water;
2. A person who intends to tie floating material to other facilities such as ships or to transfer floating material.
(2) Where the Minister of Oceans and Fisheries grants permission under paragraph (1), he/she may issue an order to take measures necessary to ensure the safety of ship traffic.
 Article 44 (Fishing Limits)
No one shall engage in fishing (including setting fishing gear, etc.) in any place or sea lane that is likely to obstruct ship traffic in the water zone, etc. of a trade port.
CHAPTER VIII LIGHTING AND SIGNAL
 Article 45 (Lighting Limits)
(1) No one shall use any strong light likely to disrupt ship traffic in the water zone, etc. of a trade port or in any place adjacent to the water zone of a trade port.
(2) The Minister of Oceans and Fisheries may issue an order to a person who uses a light referred to in paragraph (1) to reduce the brightness of the light emitting or to use a light cover.
 Article 46 (Whistle, etc. Limits)
(1) No ship shall blow any whistle or siren in the water zone, etc. of a trade port without any compelling reason.
(2) Where a fire occurs in the ship equipped with a whistle or siren in the water zone, etc. of a trade port notwithstanding paragraph (1), the ship shall raise the alarm to a fire, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER IX SUPPLEMENTARY PROVISIONS
 Article 47 (Suspension of Departure)
Where a ship violates any provision of this Act or any order issued under this Act, the Minister of Oceans and Fisheries may suspend the departure of the relevant ship.
 Article 48 (Inspection, Checks, etc.)
(1) The Minister of Oceans and Fisheries may have the owner or captain of a ship or other relevant persons make attendance or state his/her opinion, or request submission of or a report on the relevant documents, or have the relevant public officials enter the ship or office, business place or other necessary places and inspect or check a ledger, document or other objects in the following cases: <Amended by Act No. 15003, Oct. 31, 2017>
1. Where a person is deemed to violate any of the provisions of Article 4, 5 (2) and (3), 6 (1) and (4), 7, 10 (2), 11, 20 (1), 22, 23, 32, 33, 34 (1) through (3), 35, 37, 40 (1), 41, 42 (1), 43, and 44;
2. Where it is necessary to check whether the registrated information about tugboat business prescribed in Article 24 (1) are being carried out;
3. Where it is necessary to calculate the appropriate number of tug boats and ascertain the conditions of management of the tugboat business.
(2) The qualifications of the relevant public officials prescribed in paragraph (1), the scope of the duty thereof, and other necessary matters, shall be prescribed by Presidential Decree.
(3) The public officials who enter the ship, and check and verify the relevant documents pursuant to paragraph (1) shall carry a document indicating his/her authority thereof and show it to interested persons.
 Article 49 (Improvement Order)
(1) When the Minister of Oceans and Fisheries deem it necessary for the maintenance of safety and order of ships in the water zone, etc. of a trade port as a result of the inspection or verification prescribed in Article 48 (1), he/she may issue an order for the improvement of the following matters to the owner or captain of the ship or other relevant persons: <Amended by Act No. 15003, Oct. 31, 2017>
1. Reinforcement and replacement of facilities;
2. Suspension of construction or works;
3. Adding the number of persons;
4. Removal of obstacles;
5. Movement of ships;
6. Limitation of the number of ships;
7. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where a tugboat business operator, etc. is recognized to have impaired the sound development of tugboat business or infringed the rights and interests of users of tugboats due to causes prescribed by Presidential Decree, such as unfairly interfering with the business of other tugboat business operators or the use of tugboats by users of other tugboats, the Minister of Oceans and Fisheries may issue to the relevant tugboat business operator, etc. an order for the change of business contents or improvement of methods of operating tugboats, etc. <Newly Inserted by Act No. 15003, Oct. 31, 2017>
 Article 50 (Use, etc. of Port Operation Information System)
(1) The Minister of Oceans and Fisheries may establish and operate a port operation information system to manage information on the arrival and departure of ships pursuant to this Act and to handle civil petitions, etc. arising in connection therewith.
(2) For the smooth operation of the port operation information system established pursuant to paragraph (1), the Minister of Oceans and Fisheries may designate a network business operator who relays the port operation information system and users’ electronic documents (hereinafter referred to as “relay network business operator”), as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The relay network business operator designated under paragraph (2) shall conduct the following affairs:
1. Operating and mediating electronic document relay network facilities;
2. Linkaging between electronic document relay network facilities and other information system;
3. Affairs regarding management of information on the arrival and departure of ships and standardization of handling civil petitions;
4. Other affairs prescribed by Presidential Decree to manage information on the arrival and departure of ships and to handle civil petitions.
(4) Where the relay network business operator designated pursuant to paragraph (2) falls under subparagraph 1, the Minister of Oceans and Fisheries shall cancel the designation thereof, and where the relay network business operator designated pursuant to paragraph (2) falls under subparagraph 2, he/she may cancel the designation thereof or order the full or partial suspension of the affairs thereof for a specified period not to exceed six months:
1. Where he/she receives designation by fraud or other improper means;
2. Where he/she violates the guidance and supervision by the Minister of Oceans and Fisheries prescribed in paragraph (5).
(5) The Minister of Oceans and Fisheries may guide or supervise a relay network business operator regarding the affairs prescribed in paragraph (3).
 Article 51 (Fees)
Any of the following persons shall pay the fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:
1. A person who intends to register the tugboat business prescribed in Article 24 (1);
2. A person who intends to be granted permission to engage in construction, etc. prescribed in Article 41 (1).
 Article 52 (Hearing)
Where the Minister of Oceans and Fisheries intends to issue any of the following dispositions, he/she shall hold a hearing:
1. Cancellation of the registration of tugboat business prescribed in Article 26;
2. Cancellation of the designation of designated educational institution prescribed in Article 36 (4);
3. Cancellation of the designation of relay network business operator prescribed in Article 50 (4).
 Article 53 (Delegation and Entrustment of Authority)
(1) The Minister of Oceans and Fisheries or the Minister of Public Safety and Security or the Commissioner General of the Korea Coast Guard can delegate part of his/her respective authority granted pursuant to this Act, to the heads of institutions under their control, the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor or the Governor of a Special Self-Governing Province, as prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017; Act No. 15003, Oct. 31, 2017>
(2) The Minister of Oceans and Fisheries can delegate part of his/her authority granted pursuant to this Act, to the Commissioner General of the Korea Coast Guard. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Authority to accept reports prescribed in Article 4 (1) shall be entrusted to the port authority prescribed in the Port Authority Act, as prescribed by Presidential Decree.
CHAPTER X PENALTY PROVISIONS
 Article 54 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
1. A person registered pursuant to Article 24 (1) by fraud or other improper means;
2. A person who engages in tugboat business without being registered pursuant to Article 24 (1).
 Article 55 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 15003, Oct. 31, 2017>
1. A person who enters the water zone, etc. of a trade port without obtaining permission prescribed in Article 4 (2) or who obtains permission to enter a port by submitting false information on a port of call;
2. A person who fails to use a tugboat in violation of Article 23 (1);
3. A person who uses a tugboat which fails to meet any of the standards for the use of tugboats prescribed in Article 23 (2);
4. A person who refuses a request to use a tugboat in violation of Article 29 (1) without good cause;
5. A person who anchors or stops a ship transporting dangerous substances at the place other than the designated place prescribed in Article 33;
6. A person who fails to take the safety measures prescribed in Article 35 (1);
7. A person who fails to comply with an order for reinforcement or improvement of facilities, number of persons, equipment, etc. prescribed in Article 35 (5);
8. A person who repairs a ship in the water zone, etc. of a trade port without obtaining permission prescribed in Article 37 (1);
9. A person who dumps waste in violation of Article 38 (1);
10. A person who fails to comply with an order to remove waste or an object pursuant to Article 38 (3);
11. A person who violates the disposition of suspending departure pursuant to Article 47;
12. A person who fails to comply with an order for improvement prescribed in Article 49 (2).
 Article 56 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 15003, Oct. 31, 2017>
1. A person who fails to report an entry prescribed in Article 4 (1) or report it by fraud or other improper means;
2. A person who anchors at any place other than anchoring zones or anchorages prescribed in Article 6 (1);
3. A person who anchors or stops a ship in a place prescribed in each subparagraph of Article 6 (1);
4. A person who fails to follow an order to modify anchorage place or method prescribed in Article 6 (5);
5. The owner or lessee of the ship who fails to comply with an order to embark sailors prescribed in Article 7 (3);
6. A person who fails to comply with an order to move issued pursuant to Article 8;
7. A person who fails to follow the disposition of limiting or prohibiting ship traffic in the sea lane or zone pursuant to Article 9 (1);
8. A person who fails to navigate along the sea lane designated and notified in violation of the main sentence of Article 10 (2);
9. A person who anchors or stops a ship in a sea lane or leaves a towed ship or floating material unattended in violation of Article 11 (1);
9-2. A person who fails to follow the ship traffic control prescribed in the main sentence of Article 20 (1);
10. A person who fails to comply with an order to limit the types and amount of dangerous substances or the order to take measures necessary to ensure safety prescribed in Article 32 (2);
11. A person who fails to obtain approval of his/her safety management plan for unloading dangerous substances prescribed in Article 34 (1);
12. A person who fails to comply with an order to amend his/her own safety management plan prescribed in Article 34 (2);
13. A person who violates an order to prohibit or suspend loading or unloading or who loads or unloads in a place other than the designated place prescribed in Article 34 (3);
14. A person who anchors or moors a ship in a place other than the designated place prescribed in Article 37 (4);
15. The owner or lessee of the ship who fails to comply with an order to take measures to ensure safety prescribed in Article 37 (5);
16. A person who fails to take measures necessary to prevent objects which can be easily scattered from falling on the water surface in violation of Article 38 (2);
17. A person who engages in any conduct referred to in each subparagraph of Article 43 (1) without obtaining permission prescribed in the same paragraph;
18. A person who fails to comply with an order to take measures to ensure safety pursuant to Article 43 (2).
 Article 56 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 15003, Oct. 31, 2017>
1. A person who fails to report an entry prescribed in Article 4 (1) or report it by fraud or other improper means;
2. A person who anchors at any place other than anchoring zones or anchorages prescribed in Article 6 (1);
3. A person who anchors or stops a ship in a place prescribed in each subparagraph of Article 6 (1);
4. A person who fails to follow an order to modify anchorage place or method prescribed in Article 6 (5);
5. The owner or lessee of the ship who fails to comply with an order to embark sailors prescribed in Article 7 (3);
6. A person who fails to comply with an order to move issued pursuant to Article 8;
7. A person who fails to follow the disposition of limiting or prohibiting ship traffic in the sea lane or zone pursuant to Article 9 (1);
8. A person who fails to navigate along the sea lane designated and notified in violation of the main sentence of Article 10 (2);
9. A person who anchors or stops a ship in a sea lane or leaves a towed ship or floating material unattended in violation of Article 11 (1);
9-2. A person who fails to follow the ship traffic control prescribed in the main sentence of Article 20 (1);
10. A person who fails to comply with an order to limit the types and amount of dangerous substances or the order to take measures necessary to ensure safety prescribed in Article 32 (2);
11. A person who fails to obtain approval of his/her safety management plan for unloading dangerous substances prescribed in Article 34 (1);
12. A person who fails to comply with an order to amend his/her own safety management plan prescribed in Article 34 (2);
13. A person who violates an order to prohibit or suspend loading or unloading or who loads or unloads in a place other than the designated place prescribed in Article 34 (3);
13-2. A person who fails to be equipped with safety equipment prescribed in Article 35 (6);
14. A person who anchors or moors a ship in a place other than the designated place prescribed in Article 37 (4);
15. The owner or lessee of the ship who fails to comply with an order to take measures to ensure safety prescribed in Article 37 (5);
16. A person who fails to take measures necessary to prevent objects which can be easily scattered from falling on the water surface in violation of Article 38 (2);
17. A person who engages in any conduct referred to in each subparagraph of Article 43 (1) without obtaining permission prescribed in the same paragraph;
18. A person who fails to comply with an order to take measures to ensure safety pursuant to Article 43 (2).
 Article 57 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding three million won: <Amended by Act No. 15003, Oct. 31, 2017>
1. A person who navigates in violation of any navigation-related regulation prescribed in Article 12 (1);
2. A person who conducts the construction or other works without obtaining permission prescribed in Article 41 (1);
3. A person who fails to comply with an order to take measures necessary to ensure the safety of ship traffic, conservation of freight and safety of a trade port prescribed in Article 41 (2);
4. A person who hosts an event, such as ship regatta, without obtaining permission prescribed in Article 42 (1);
5. A person who engages in fishing in violation of Article 44;
6. A person who fails to reduce the brightness of the light emitting or to use a light cover, in violation of the order issued pursuant to Article 45 (2);
7. A person who fails to comply with an improvement order issued pursuant to Article 49 (1).
 Article 58 (Joint Penalty Provisions)
If the representative of a corporation or an agent or employee of, or other persons employed by, the corporation or an individual commits any offenses under Articles 54 through 57 in connection with the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
 Article 59 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 15003, Oct. 31, 2017>
1. A person who fails to report or exhibit the mark pursuant to Article 11 (2);
2. A person who fails to have wireless facilities or to listen to and answer the control communication for call response in violation of Article 22;
3. A person who files for registration of modification prescribed in Article 24 (1) by fraud or other improper means;
4. A person who runs a tugboat business without filing the registration of modification pursuant to Article 24 (1);
5. A person who fails to have safety managers charged with handling dangerous substances receive education on the safety control of dangerous substances in violation of Article 35 (3).
(2) Any of the following persons shall be subject to an administrative fine not exceeding two million won:
1. A person who anchors or stops a priority give-way vessels in violation of Article 5 (3);
2. A person who fails to file a report prescribed in Article 5 (4);
3. A person who fails to take measures necessary to ensure the safety of anchoring ship prescribed in Article 6 (4);
4. A person who fails to filed the mooring report prescribed in Article 7 (1);
5. A person who fails to moor at a designated place prescribed in Article 7 (2);
6. A person who navigates in violation of the notification regarding the navigation, etc. prescribed in Article 12 (2);
7. A person who navigates in violation of navigation-related regulations prescribed in Article 13;
8. A person who navigates in violation of navigation-related regulations prescribed in Article 14;
9. A person who navigates a towing boat in violation of Article 15 (1);
10. A person who navigates a sail ship in violation of Article 15 (2);
11. A person who obstructs the path of other ships in violation of Article 16;
12. A person who navigates in violation of speed limits prescribed in Article 17 (1) and (3);
13. A person who navigates a ship without maintaining safe distance from other ships in violation of Article 18;
14. Deleted; <by Act No. 15003, Oct. 31, 2017>
15. A person who fails to file a report to carry dangerous substances prescribed in Article 32 (1);
16. A person who fails to file a repair report prescribed in Article 37 (3);
17. A captain who fails to take necessary measures such as establishing aids prescribed in Article 39 (1);
18. A person who fails to comply with the order to remove obstacles prescribed in Article 40 (1);
19. A person who uses a strong light in violation of Article 45 (1);
20. A person who blows a whistle or siren in violation of Article 46 (1);
21. A person who fails to raise the alarm to a fire pursuant to Article 46 (2);
22. A person who fails to make attendance or state his/her opinion, or submit or report a document, a person who submits or reports a document by fraud or a person who refused or interfere with entry and exit by the relevant public officials.
(3) Administrative fines prescribed in paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries (referring to the Commissioner General of the Korea Coast Guard in cases of persons violating Articles 20 and 22), as prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Abolition of Other Acts)
The Public Order in Open Ports Act is hereby abolished.
Article 3 (Applicability concerning Anchorage or Stopping of Ships)
Article 6 (2) shall apply beginning with the first ship anchored or stopped in a place prescribed under subparagraphs of paragraph (1) of the same Article after this Act enters into force.
Article 4 (General Transitional Measures concerning Disposition, etc.)
Any activity by or in relation to the administrative agency conducted pursuant to the former Public Order in Open Ports Act and the former Harbor Act as at the time this Act enters into force, shall be deemed any activity by or in relation to the administrative agency conducted pursuant to this Act.
Article 5 (Transitional Measures concerning Registration of Tugboat Business)
A person whose tugboat business is registered pursuant to Article 32 of the former Harbor Act as at the time this Act enters into force shall be deemed a person whose tugboat business is registered pursuant to Article 24.
Article 6 (Transitional Measures concerning Tugboat Operation Council)
The tugboat operation council established pursuant to Article 40 of the former Harbor Act as at the time this Act enters into force shall be deemed the tugboat operation council established pursuant to Article 30.
Article 7 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions of the Public Order in Open Ports Act and the former Harbor Act, shall apply to the imposition of penalty provisions and administrative fines for violations committed before this Act enters into force.
Article 8 Omitted.
Article 9 (Relationship with Other Statutes)
Any citation of the former Public Order in Open Ports Act, the former Harbor Act, or of any provision thereof, by any statute in force as at the time this Act enters into force, shall be deemed a citation of this Act or the relevant provision of this Act, in lieu of the former Public Order in Open Ports Act, the former Harbor Act, or the relevant provision thereof, if such relevant provision exists herein.
ADDENDUM <Act No. 14732, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended in accordance with Article 5 of the Addenda, amendments to Acts, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15003, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 4 of Article 24-2, Article 35 (6) and subparagraph 13-2 of Article 56 shall enter into force three years after the date of its promulgation.
Article 2 (Applicability to Registration of Tugboats)
(1) The amended provisions of Article 25 (1) 5 shall apply, starting from cases where a person comes to fall under the amended provisions resulting from the cancellation of registration of tugboat business after this Act enters into force.
(2) The amended provisions of Article 25 (4) shall apply, starting from the first registration of tugboat business or first request for registration for modification after this Act enters into force.
Article 3 (Transitional Measures concerning Supply and Demand Control for Tugboats)
The amended provisions of Article 25-2 shall not apply to cases where a request for the registration of tugboat business (including registration for modification) is filed within one year after this Act is promulgated under the circumstance that a contract is concluded and part of the costs of the construction, etc. of a tugboat is paid before this Act is promulgated.
Article 4 (Transitional Measures concerning Methods of Allocation of Tugboats)
Notwithstanding the amended provisions of the proviso to Article 29-2 (1), tugboat business operators who are allocating tugboats jointly between tugboat business operators at the time this Act enters into force may allocate tugboats jointly: Provided, That they shall announce the methods and details of joint allocation of tugboats pursuant to the amended provisions of Article 29-2 within six months after this Act enters into force.
Article 5 (Transitional Measures concerning Administrative Fines)
The application of administrative fines for acts committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 15009, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 15012, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.