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ENFORCEMENT DECREE OF THE ACT ON THE PREVENTION OF DAMAGE TO SHIPS, ETC. ON INTERNATIONAL VOYAGES FROM PIRACY

Presidential Decree No. 28470, Dec. 12, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Act on the Prevention of Damage to Ships, etc. on International Voyages from Piracy and the matters necessary for the enforcement thereof.
 Article 2 (Ships on International Voyages)
“Ship as prescribed by Presidential Decree” in subparagraph 1 of Article 2 of the Act on the Prevention of Damage to Ships, etc. on International Voyages from Piracy (hereinafter referred to as the “Act”) means a ship (excluding any floating maritime structure) described in subparagraph 1 of Article 2 of the Ship Safety Act.
CHAPTER II ESTABLISHMENT OF COMPREHENSIVE MEASURES FOR PREVENTION OF DAMAGE FROM PIRACY
 Article 3 (Establishment and Modification of Comprehensive Measures for Prevention of Damage from Piracy)
(1) “Matters prescribed by Presidential Decree” in Article 6 (2) 5 of the Act means each of the following:
1. Policy conditions and directions for the prevention of damage from piracy at home and abroad;
2. Current status of domestic and overseas maritime special security business and the education and training for marine special security guards;
3. Development of technology for the prevention of damage from piracy.
(2) “Minor matters prescribed by Presidential Decree” in the proviso to Article 6 (3) of the Act means each of the following:
1. The name, organization, and general status of the relevant central administrative agency;
2. Reflection in statutes of matters related to the prevention of damage from piracy.
(3) Upon establishment or modification of comprehensive measures for the prevention of damage from piracy pursuant to Article 6 of the Act, the Minister of Oceans and Fisheries shall notify each of the following persons of the details thereof:
1. The head of the relevant central administrative agency;
2. The head of a national security agency pursuant to subparagraph 9 of Article 2 of the International Ship and Port Facility Security Act (hereinafter referred to as “head of a national security agency”);
3. The owner, manager or operator of a ship on international voyage, deep-sea fishing vessel, or offshore structure (hereinafter referred to as “ship on international voyage, etc.”) [hereinafter referred to as “ship owner, etc.”].
 Article 4 (Reporting on Passage of Ships on International Voyages, etc.)
(1) If a ship owner, etc. intends to make his/her ship on international voyage, etc. pass through a risk area or potential risk area (hereinafter referred to as “risk area, etc.”), he/she shall file a report on passage pursuant to Article 7 (1) 2 of the Act (hereinafter referred to as “passage report”) with the Minister of Oceans and Fisheries at least 24 hours beforehand, specifying the particulars provided for in the following subparagraphs: Provided, That, where there is any justifiable ground prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as rescue of ships in imminent danger, he/she may file such passage report by the time the ship passes through the risk area, etc.:
1. The name, nationality, type, call sign, identification number, and gross tonnage of the ship on international voyage, etc., and the nationality of the seafarers and passengers of the ship on international voyage, etc. or the persons in the offshore structure (hereinafter referred to as “seafarers, etc.”);
2. The speed and freeboard of the ship on international voyage, etc.;
3. The information on navigation of the ship on international voyage, etc., such as the scheduled time of entry into the risk area, etc.;
4. Whether or not to be equipped with facilities that can protect the seafarers, etc. against piracy or armed robbery (hereinafter referred to as “piracy, etc.”) [hereinafter referred to as “shelter”] or other anti-piracy equipment to prevent the attack by pirates, etc.;
5. Whether a marine special security guard carrying a weapon is embarked.
(2) A passage report shall be made in electronic format designated by the Minister of Oceans and Fisheries.
 Article 5 (Organization of Council for Protection against Piracy)
(1) A Council for Protection against Piracy (hereinafter referred to as the “Council”) pursuant to Article 8 (1) of the Act shall be comprised of up to 20 members including one chairperson.
(2) The office of the chairperson of the Council (hereinafter referred to as the “chairperson”) shall be assumed by the Vice Minister of Oceans and Fisheries; and the members shall be those who are designated by the heads of their affiliated agencies from among the public officials belonging to the Senior Civil Service of the Ministry of Strategy and Finance, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Oceans and Fisheries, the National Intelligence Service, the Korea Customs Service, the National Police Agency and the Korea Coast Guard or from among the public officials in grades equivalent thereto.
(3) The chairperson shall represent the Council and exercise overall control over its affairs.
(4) If the chairperson is unable to perform his/her duties due to any unavoidable circumstances, a member designated in advance by the chairperson shall act on behalf of the chairperson.
(5) The chairperson shall call meetings of the Council; and a majority of the total members of the Council shall constitute a quorum at such meetings and resolutions shall be passed with the concurrent vote of a majority of the members present.
(6) The Council shall have one executive secretary to deal with the clerical work thereof, who shall be designated by the Minister of Oceans and Fisheries from among the public officials belonging to the Ministry of Oceans and Fisheries.
(7) Where deemed necessary, the chairperson may require a public official of the relevant central administrative agency, a professional with extensive expert knowledge or practical experience, a ship owner, etc., and a seafarer, etc., as well as a member described in paragraph (2), to be present at a meeting of the Council to present their opinions. In such cases, allowances may be paid within the budget limit to any person, other than a public official, for his/her attendance at the meeting of the Council.
(8) Matters necessary for operating the Council, other than those provided for in paragraphs (1) through (7), shall be determined by the chairperson based on resolution by the Council.
CHAPTER III MEASURES FOR PROTECTION AGAINST PIRACY
 Article 6 (Report of Damage from Piracy)
A report pursuant to Article 10 (1) of the Act shall be made orally, in writing, or in electronic format, specifying the following information:
1. The position, title, name, and other personal details of the reporting person;
2. The details of the report;
3. The place and time of the incident of the piracy, etc.;
4. Other matters related to the report, such as the incident of the piracy, etc. or the signs of incident thereof.
CHAPTER IV MARITIME SPECIAL SECURITY BUSINESS
 Article 7 (Licensing Requirements for Maritime Special Security Business)
Any person who intends to obtain a license for a maritime special security business pursuant to Article 16 (2) of the Act shall meet the requirements listed in attached Table 1.
 Article 8 (Exception to Revocation of License for Maritime Special Security Business)
Where the requirements regarding the space of the facility or quantity of the equipment specified in subparagraph 3 or 4 of attached Table 1 are not met by falling short by a 30 percent or smaller margin, and supplementation is made within three months therefrom, the Minister of Oceans and Fisheries shall not revoke the license for the relevant maritime special security business under the proviso to Article 21 (1) 2 of the Act.
 Article 9 (Management of Weapon Purchase, etc.)
(1) A person licensed to engage in a maritime special security business pursuant to Article 16 (1) of the Act (hereinafter referred to as “maritime special security business entity”) shall, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, promptly prepare and keep records of the following cases, if any, pursuant to Article 23 (1) of the Act:
1. Where a weapon is purchased;
2. Where a weapon is put into or taken out of a certain place (referring to a place other than the place of storage pursuant to Article 32 (2) of the Act);
3. Where a weapon is used;
4. Where a weapon is modified or repaired;
5. Where a weapon is lost, destroyed, or dismantled or the inventory control of weapons is made.
(2) The records referred to in paragraph (1) shall be preserved for two years from the date the preparation thereof is completed.
 Article 10 (Qualification Requirements for Marine Special Security Guards)
(1) “Person as prescribed by Presidential Decree” in Article 26 (1) 7 and 8 of the Act means a person recognized by a medical specialist in the relevant field as lacking the ability to properly perform maritime special security services.
(2) “Requirements for career, qualification, or education and training as prescribed by Presidential Decree” in Article 26 (2) 2 of the Act means each of the following subparagraphs:
1. A person who has served in the relevant field for at least three years, falling under any of the following:
(a) A police official (limited to those who have taken charge of security services and operations) under the Police Officials Act;
(b) A security guard in charge of escort security services or personal protection services under the Security Services Industry Act;
(c) A combatant officer, warrant officer, or noncommissioned officer under the Military Personnel Management Act;
(d) A security officer under the Presidential Security Act;
2. A blackbelt holder in martial arts recognized by a martial arts-related corporation or organization affiliated with the Korean Sport and Olympic Committee pursuant to Article 33 of the National Sports Promotion Act or by a martial arts-related organization under the control of the Ministry of Culture, Sports and Tourism registered pursuant to Article 4 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
3. A person who has graduated in the field of martial arts from at least a four-year college or university or who is recognized as having other educational backgrounds equivalent thereto in accordance with statutes;
4. A person who is recognized by a foreign government or a foreign authorized institution as meeting any of the requirements for career, qualification, or education and training pursuant to subparagraphs 1 through 3.
 Article 11 (Education and Training)
“Education and training as prescribed by Presidential Decree, such as boarding competency training, medical manager education, and weapons training” in Article 28 (1) of the Act means education and training specified in each of the following:
1. Basic safety education and education for persons in charge of medical services pursuant to Article 43 (1) of the Enforcement Decree of the Seafarers Act, and the ship safety education prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. Weapons training under the rules on the use of weapons provided for in Article 29 (3) of the Act. In such cases, training for the use, repair and management of weapons shall be included;
3. Education and training on the roles of marine special security guards, the principles of response to and war against piracy, and the guidelines for protection against piracy pursuant to Article 7 (1) of the Act.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 12 (Countermeasures)
(1) “Matters prescribed by Presidential Decree” in Article 37 (1) 4 of the Act means each of the following:
1. Disadvantages related to the operations of a Korean maritime special security business entity, such as the establishment of a branch or sub-branch in a foreign country;
2. Disadvantages related to the management, education and training of marine special security guards employed by a Korean maritime special security business entity.
(2) If the Minister of Oceans and Fisheries intends to take any countermeasures pursuant to Article 37 (1) and (2) of the Act, he/she shall notify the foreign government agency, corporation or organization and the foreign maritime special security business entity of both the act causing the countermeasures and the deadline for correcting the act. In such cases, such notice shall specify that the countermeasures will be taken unless the act causing the countermeasures is corrected by the deadline for correction.
(3) If the act causing the countermeasures is not corrected by the deadline for correction pursuant to paragraph (2), the Minister of Oceans and Fisheries may take the countermeasures. In such cases, if the countermeasures are expected to have a significant influence on commercial and diplomatic relations with the relevant foreign country, he/she shall have a prior consultation with the head of the relevant central administrative agency.
 Article 13 (Delegation of Authority)
The Minister of Oceans and Fisheries shall, pursuant to Article 41 (1) of the Act, delegate to the Commissioners of the Regional Offices of Oceans and Fisheries the authority for the following:
1. Taking necessary measures, such as receipt of internal measures and request for supplementation thereof, consulting with the heads of national security agencies, and providing information or data necessary for establishing or modifying internal measures pursuant to Article 9 of the Act;
2. Checking the installation or operations of a shelter or requiring the submission of relevant data or reports pursuant to Article 12 (3) of the Act;
3. Taking necessary measures, such as issuing an order for improvement, pursuant to Article 12 (6) of the Act;
4. Imposing and collecting administrative fines pursuant to Article 47 (1) 1 through 4 of the Act.
 Article 14 (Handling of Sensitive Information and Personally Identifiable Information)
(1) The Minister of Oceans and Fisheries may handle data containing information on health and criminal records under Article 23 of the Personal Information Protection Act and Article 18 of the Enforcement Decree of the said Act and containing the resident registration numbers, passport numbers or alien registration numbers under Article 19 of the Enforcement Decree of the said Act, if it is inevitable to perform the following:
1. Affairs concerning licensing for maritime special security business pursuant to Article 16 of the Act;
2. Affairs concerning grounds for disqualification of executives pursuant to Article 19 of the Act;
3. Affairs concerning approval of business for foreign maritime special security business entities pursuant to Article 24 (1) of the Act;
4. Affairs concerning qualification requirements for marine special security guards pursuant to Article 26 of the Act;
5. Affairs concerning employment management of marine special security guards (limited to marine special security guards of foreign nationality) pursuant to Article 27 of the Act.
(2) A ship owner, etc. (including a person to whom the authority of the ship owner, etc. is entrusted under the latter part of Article 13 (2) of the Act) or a maritime special security business entity (including a person to whom the authority of the maritime special security business entity is entrusted under Article 28 (2) of the Act) may handle data containing information on health and criminal records under Article 23 of the Personal Information Protection Act and Article 18 of the Enforcement Decree of the said Act and containing the resident registration numbers, passport numbers or alien registration numbers under Article 19 of the Enforcement Decree of the said Act, if it is inevitable to perform the following:
1. Affairs concerning education and training for employees and seafarers pursuant to Article 13 (2) of the Act;
2. Affairs concerning education and training for marine special security guards pursuant to Article 28 of the Act.
CHAPTER VI PENALTY PROVISIONS
 Article 15 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines pursuant to Article 47 (1) and (2) of the Act are as shown in attached Table 2.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on December 28, 2017.
Article 2 (Transitional Measures concerning Qualification Requirements for Marine Special Security Guards)
Notwithstanding Article 10 (2) 1, three or more years of experience as a maritime special security guard at the time this Decree enters into force shall be deemed as the career referred to in Article 26 (2) 2 of the Act.