WATER-RELATED LEISURE ACTIVITIES SAFETY ACT
Act No. 7478, Mar. 31, 2005
Amended by Act No. 8016, Sep. 27, 2006
Act No. 8221, Jan. 3, 2007
Act No. 8344, Apr. 11, 2007
Act No. 8621, Aug. 3, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9068, Mar. 28, 2008
Act No. 9525, Mar. 25, 2009
Act No. 10219, Mar. 31, 2010
Act No. 10799, jun. 15, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11862, jun. 4, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13186, Feb. 3, 2015
Act No. 13287, May 18, 2015
Act No. 13754, Jan. 7, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15005, Oct. 31, 2017
Act No. 16155, Dec. 31, 2018
Act No. 16567, Aug. 27, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to secure the safety and order of water-related leisure activities and to promote the sound development of water-related leisure business.
The definitions of terms used in this Act shall be as follows:
| 1. | The term "water-related leisure activities" means activities performed for hobbies, recreation, physical exercise, or education, etc. using water leisure crafts on the water; |
| 2. | The term "rafting" means water-related activities performed by rowing non-powered water leisure crafts to navigate a valley or river, which are usually done on rough water or white water; |
| 3. | The term "water leisure craft" means a boat or craft used for water-related leisure activities, as prescribed by Presidential Decree; |
| 4. | The term "power-driven water leisure craft" means a water leisure craft to which a propelling engine is attached, or to and from which a propelling engine can be attached or detached at any time, as prescribed by Presidential Decree; |
| 5. | The term "water-related" means the surface of seawater and inland waters; |
| 6. | The term "surface of seawater" means the flow or surface of the sea; |
| 7. | The term "surface of inland waters" means the flow or surface of rivers, dams, lakes, marshes, reservoirs, and any other artificially created freshwater or brackish water. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 3 (Exclusion from Application) |
| (1) | This Act shall not apply to the following cases: <Amended by Act No. 10458, Mar. 9, 2011> |
| (2) | Notwithstanding paragraph (1), Articles 12 and 13 shall apply, if other Acts prescribe the operator license under Article 4 as an requirement for qualification. <Newly Inserted by Act No. 10799, Jun. 15, 2011> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER II OPERATOR LICENSE
| Article 4 (Operator License) |
| (1) | Each person who controls an power-driven water leisure craft shall pass a license examination under Article 6 and obtain an operator license for power-driven water leisure craft (hereinafter referred to as "operator license") from the Commissioner of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | An operator license shall be classified as follows: |
| 1. | General operator license: Class 1 operator license, class 2 operator license; |
| (3) | In the case of general operator licenses, if a person who already acquired a class 2 operator license acquires a class 1 operator license, the class 2 operator license shall lose its effect. <Newly Inserted by Act No. 10799, Jun. 15, 2011> |
| (4) | Such matters as the standards, procedures and methods, etc. for operator licenses shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 4-2 (Special Cases concerning Operator License for Foreigners) |
| (1) | Where a foreigner who intends to do water-related leisure activities participates in an international competition held in Korea and operates water leisure crafts, Articles 4 (1) and 20 shall not apply. |
| (2) | Where a foreigner operates water leisure crafts pursuant to paragraph (1), necessary matters, including the type of water leisure crafts, period and place of operation, kind and size of the international competition, etc., shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 10799, Jun. 15, 2011]
| Article 5 (Disqualification for Operator Licenses) |
| (1) | None of the following persons shall obtain an operator license: <Amended by Act No. 10786, Jun. 7, 2011; Act No. 16155, Dec. 31, 2018> |
| 1. | A person under 14 years of age: Provided, That persons falling under Article 7 (1) 1 shall be excluded herefrom; |
| 3. | A narcotics addict, psychotropic drug addict or hemp addict deemed to be incapable of doing water-related leisure activities (referring to narcotics, psychotropic drugs or marijuana as defined in subparagraphs 2 through 4 of Article 2 of the Narcotics Control Act, etc.; the same shall apply hereinafter), as prescribed by Presidential Decree; |
| 4. | A person for whom one year has not passed since his/her operator license was cancelled as prescribed in Article 13 (1); |
| 5. | A person who controlled a power-driven water leisure craft without an operator license in violation of the main sentence of Article 20 and for whom one year (four years for a person who has killed or injured a person and fled the scene without taking necessary measures, such as rescue) has not passed after such violation. |
| (2) | The heads of agencies holding personal information which are prescribed by Presidential Decree shall notify the Commissioner of the Korea Coast Guard of such personal information as relating to disqualification for an operator license. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The content of personal information to be notified to the Commissioner of the Korea Coast Guard and the methods of notification of the content as prescribed in paragraph (2) and other matters necessary for such notification shall be prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 6 (License Examinations) |
| (1) | Each person seeking to obtain an operator license shall pass an examination conducted by the Commissioner of the Korea Coast Guard (hereinafter referred to as "license examination"). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | A license examination shall consist of a written examination and practical examination. |
| (3) | No person disqualified under Article 5 as of the date the practical examination of the license examination is conducted can apply for the license examination. <Newly Inserted by Act No. 16155, Dec. 31, 2018> |
| (4) | Necessary matters concerning the subjects, methods, etc. of a license examination shall be prescribed by Presidential Decree. <Amended by Act No. 16155, Dec. 31, 2018> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 7 (Exemption from License Examination) |
| (1) | The Commissioner of the Korea Coast Guard may exempt any of the following persons from all or some of the subjects of license examination: Provided, That, where a person falls under subparagraph 6, the person shall be exempt from all subjects of license examination (limited to examinations for class 2 operator licenses and yachting licenses): <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017; Act No. 15005, Oct. 31, 2017; Act No. 16567, Aug. 27, 2019> |
| 1. | A person registered as a power-driven water leisure craft player with a sports organization prescribed by Presidential Decree; |
| 2. | A person who satisfies all of the following requirements: |
| (a) | That he/she is graduated from an academic department relating to power-driven water leisure crafts prescribed by Presidential Decree at a school under Article 2 of the Higher Education Act (including cases where he/she is deemed to have an academic background equivalent thereto pursuant to statutes); |
| (b) | That he/she has completed courses of power-driven water leisure crafts relating to the relevant license; |
| 4. | Deleted; <by Act No. 10799, Jun. 15, 2011> |
| 5. | A person who has at least one-year experience in education and training for the use, etc. of power-driven water leisure crafts at the Sea Explorers of Korea under the Act on the Support for Sea Explorers of Korea or a sport organization under subparagraph 11 of Article 2 of the National Sports Promotion Act and has received recommendation from the head of such organization; |
| 6. | A person who has completed educational courses at an institution or organization designated and publicly notified by the Commissioner of the Korea Coast Guard (hereinafter referred to as “license examination-exempt educational institution”); |
| 7. | A person who has passed a written examination of class 1 operator license and intends to apply for a practical examination of class 2 operator license after changing the class of examination. |
| (2) | Necessary matters concerning the criteria, etc. for exemption from examinations under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | A license examination-exempt educational institution shall provide education curriculum and satisfy personnel requirements and equipment and facility requirements necessary for educating on class 2 operator licenses and yachting licenses. <Newly Inserted by Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| (4) | Deleted. <by Act No. 16567, Aug. 27, 2019> |
| (5) | Requirements and procedures for designation of license examination-exempt educational institutions, including the education curriculum, personnel requirements and equipment and facility requirements, shall be prescribed by Presidential Decree. <Amended by Act No. 16567, Aug. 27, 2019> |
| (6) | Matters to be observed by persons working for license examination-exempt educational institutions and matters concerning the issuance of operator licenses of power-driven water leisure crafts to those exempt from the license examination shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 16567, Aug. 27, 2019> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 7-2 (Revocation of Designation of License Examination-Exempt Educational Institution) |
| (1) | The Commissioner of the Korea Coast Guard may revoke the designation of a license examination-exempt educational institution or order the business of such license examination-exempt educational institution to be suspended for a specified period not to exceed six months in any of the following cases: Provided, That the Commissioner of the Korea Coast Guard must revoke the designation of such license-exempt educational institution in the case of subparagraph 1: |
| 1. | If the license-exempt educational institution is found to have obtained designation by fraud or other improper means; |
| 2. | If the license-exempt educational institution causes the Commissioner General of the Korea Coast Guard to grant a full exemption from license examination subjects to a person who did not complete educational courses required under Article 7 (1) 6 by submitting to the Commissioner General of the Korea Coast Guard a false record on the educational courses completed by the person; |
| 3. | If the license-exempt educational institution fails to provide the education curriculum prescribed under Article 7 (3); |
| 4. | If the license-exempt educational institution fails to satisfy any of the requirements for designation prescribed under Article 7 (5). |
| (2) | Detailed standards and procedures for revoking the designation of, and suspending the business of, license examination-exempt educational institutions shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 16567, Aug. 27, 2019]
| Article 8 (Sanctions against Cheaters) |
| (1) | The Commissioner of the Korea Coast Guard may suspend or nullify a license examination with regard to the persons who cheat on the examination. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | A person subject to a disposition of suspension or nullification of the relevant examination under paragraph (1) shall not apply for a license examination for two years from the date of implementation of such examination. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 9 (Renewal of Operator License) |
| (1) | A operator license holder shall renew his/her operator license for power-driven water leisure craft (hereinafter referred to as "license") from the Commissioner of the Korea Coast Guard within the renewal period specified in the following: Provided, That where a person who intends to renew his/her license is unable to do so within the specified period on the grounds prescribed by Presidential Decree, such as military service, he/she may advance or postpone the renewal of the license: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| 1. | The first renewal period of license shall not exceed six months after the date falling on the seventh year from the date of issuance of the license; |
| 2. | The renewal period of license other than that defined in subparagraph 1 shall not exceed six months after the date falling on the seventh year from the date of commencing the renewal period of the immediately previous license. |
| (2) | Where a license holder fails to renew his/her license pursuant to paragraph (1), his/her operator license is suspended on the day following the expiration of the renewal period: Provided, That, if an operator license holder renews his/her license after his/her operator license was suspended, the operator license becomes valid again from the date of renewal. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 16567, Aug. 27, 2019> |
| (3) | Deleted. <by Act No. 16567, Aug. 27, 2019> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 10 (Water-Related Safety Education) |
| (1) | A person who intends to obtain an operator license and an operator license holder who intends to renew his or her license shall undergo the following water-related safety education conducted by the Commissioner of the Korea Coast Guard (hereinafter referred to as "safety education") after submitting the application for license examination as prescribed in Article 6 and within the renewal period of license under Article 9, respectively: Provided, That the term of validity of safety education prior to the acquisition of the first license examination shall be six months, and persons prescribed by Presidential Decree may be exempt from safety education: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| 1. | Statutes concerning water safety; |
| 2. | Matters concerning the use and management of water leisure crafts; |
| 3. | Other matters necessary for water safety. |
| (2) | The Commissioner of the Korea Coast Guard may commission an agency or organization designated by the Commissioner of the Korea Coast Guard (hereinafter referred to as "agency commissioned with safety education") to carry out all or some of the business affairs concerning safety education under paragraph (1). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Requirements and procedures for designation of agencies commissioned with safety education, including personnel requirements, equipment and facilities, shall be prescribed by Presidential Decree. <Amended by Act No. 16567, Aug. 27, 2019> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 10-2 (Revocation of Designation of Agencies Commissioned with Safety Education) |
| (1) | The Commissioner of the Korea Coast Guard may revoke the designation of an agency commissioned with safety education or order the business of such agency commissioned with safety education to be suspended for a specified period not to exceed six months in any of the following cases: Provided, That the Commissioner of the Korea Coast Guard must revoke the designation of such agency commissioned with safety education in the case of subparagraph 1: |
| 1. | If the agency commissioned with safety education is found to have obtained designation by fraud or other improper means; |
| 2. | If the agency commissioned with safety education has issued a certificate of completion of safety education by fraud or other improper means; |
| 3. | If the agency commissioned with safety education fails to satisfy any of the requirements for designation prescribed under Article 10 (3). |
| (2) | Detailed standards and procedures for revoking the designation of, and suspending the business of, agencies commissioned with safety education shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 16567, Aug. 27, 2019]
| Article 11 (Issuance of License) |
| (1) | In any of the following cases, the Commissioner of the Korea Coast Guard shall issue a license as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| 1. | Where a license is issued after an applicant has passed a license examination under Article 6 (1), or is reissued; |
| 2. | Where a license is renewed as prescribed in Article 9. |
| (2) | Where a license is lost, or is unsuable as it is dilapitated, a new license may be issued after it is reported to the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | An operator license becomes valid from the time it is issued to the principal or his/her agent, as prescribed in paragraph (1). |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 12 (Duty to Carry and Produce License) |
| (1) | Each person who controls an power-driven water leisure craft shall carry a license. |
| (2) | Any controller under paragraph (1) shall produce his/her license when a relevant public official requests him/her to do so during navigation. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 13 (Cancellation and Suspension of Operator License) |
| (1) | The Commissioner of the Korea Coast Guard may cancel an operator license or suspend an opeartor license for a specified period not to exceed one year, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, in any of the following cases: Provided, That the Commissioner of the Korea Coast Guard must cancel an operator license in the case of subparagraph 1, 2, 3-2 or 4: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| 1. | Where an operator license holder obtains an operator license by fraud or other improper means; |
| 2. | Where an operator license holder controls a power-driven water leisure craft during the period of suspension of his/her operator license; |
| 3. | Where an operator license holder commits a crime prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as murder or robbery, using a power-driven water leisure craft; |
| 3-2. | Where an operator license holder falls under Article 5 (1) 2 or 3; |
| 4. | Where an operator license holder refuses to take a sobriety test by relevant public officials, although he/she operates a power-driven water leisure craft while intoxicated or there exists a reasonable ground to believe that he/she is in a state of intoxication, in violation of Article 22 (1) or (2); |
| 5. | Deleted; <by Act No. 10799, Jun. 15, 2011> |
| 6. | Where an operator license holder kills or injures any person or inflicts material damage on another person's property intentionally or by negligence during navigation; |
| 7. | Where an operator license holder lends his/her license to another person for navigation; |
| 8. | Where an operator license holder operates a power-driven water leisure craft in a state that he/she might not be able to normally operate such watercraft due to the influence of drugs in violation of Article 23; |
| 9. | Where an operator license holder violates this Act or an order issued for the safety and maintenance of order of water-related leisure activities under this Act. |
| (2) | Any person whose operator license was cancelled or suspended as prescribed in paragraph (1) shall surrender his/her license to the Commissioner of the Korea Coast Guard within seven days from the date such operator license was cancelled or suspended. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 14 (Vicarious Execution of License Examinations) |
| (1) | The Commissioner of the Korea Coast Guard may authorize an agency or organization designated by the Commissioner of the Korea Coast Guard (hereinafter referred to as "vicarious examination agency") to act as his/her agent for the execution of all or some of the business affairs related to license examinations. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Where a vicarious examination agency falls under any of the following subparagraphs, the Commissioner of the Korea Coast Guard may cancel the designation or suspend the business thereof for up to six months: Provided, That where it falls under subparagraph 1, he/she shall cancel such designation: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where it obtains such designation by fraudulent or other illegal means; |
| 2. | Where it falls short of the standards for designation under paragraph (5); |
| 1-2. | Where the head of a test agency, a management director, or an employee has cheated on a license exam (including cases they have ordered or ignored cheating); |
| 3. | Where any event impeding this Act or the vicarious performance of duties involving license examinations under this Act takes place. |
| (3) | A vicarious examination agency shall report on the duties involving license examinations performed vicariously as prescribed in paragraph (1) to the Commissioner of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The Commissioner of the Korea Coast Guard shall confirm the details of vicarious performance of the duties reported under paragraph (3), and may take necessary measures if he/she finds any violation of this Act or an order issued under this Act. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Matters necessary for the vicarious performance of duties involving license examinations, and the standards for the designation of vicarious examination agencies and cancellation thereof, procedures for suspension, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 15 Deleted. <by Act No. 16567, Aug. 27, 2019> |
| (1) | Any person engaged in examinations, education or inspections at license examination-exempt educational institutions, agencies commissioned with safety education, examination agencies or safety inspection agencies or institutions designated under Article 38 shall undergo education conducted by the Commissioner of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| (2) | Necessary matters concerning the timing, target, etc. of education under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER III DUTY TO CONFORM TO SAFETY REGULATIONS
| Article 17 (Wearing Protective Equipment) |
Any person doing water-related leisure activities shall wear equipment necessary for the protection of life, such as life jackets, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 18 (Navigation Regulations) |
When a person doing water-related leisure activities navigates and controls a water leisure craft, he/she shall comply with navigation regulations, such as navigation speed and navigation methods, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 19 (Reporting, etc. on Long-Distance Water-Related Leisure Activities) |
| (1) | Any person who intends to perform water-related leisure activities at a place at least ten nautical miles off the port of departure shall report to a coast guard agency or police agency, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That this shall not apply to ships which have reported their entry and exit referred to in Article 4 of the Act on the Arrival, Departure, etc. of Ships or ships which have reported their exit from or entry into ports as prescribed in Article 15 of the Regulations on Ship Safety and Operations. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13186, Feb. 3, 2015; Act No. 14839, Jul. 26, 2017> |
| (2) | If any other person in the same water leisure craft with him/her is deceased, gone missing, or seriously wounded, any person performing water-related leisure activities shall report such fact to the heads of related administrative agencies, such as coast guard agencies, police agencies, or fire agencies, without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The heads of related administrative agencies, in receipt of a report under paragraph (1), shall take measures necessary to save lives and deal with accidents, etc. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 20 (Prohibition of Unlicensed Navigation) |
No person shall, without obtaining an operator license (including cases where the effectiveness of an operator license is suspended), navigate any power-driven water leisure craft which is allowed to be controlled with an operator license: Provided, That this shall not apply in any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| 1. | Where a person does water-related leisure activities under the supervision of a person with class 1 operator license, as prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 2. | Where a person takes the same power-driven water leisure craft with another person having an operator license and controls such watercraft with him/her, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 21 (Prohibition of Water-Related Leisure Activities at Night) |
| (1) | No person shall do water-related leisure activities between 30 minutes after sunset and 30 minutes before sunrise: Provided, That this shall not apply where a water leisure craft with night navigation equipment is used, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Where the chief of a coast guard station or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu for the head of a Gu; the Special Self-Governing City Mayor for a Special Self-Governing City; the Special Self-Governing Province Governor for a Special Self-Governing Province; and the head of an agency responsible for managing the Han River of the Seoul Special Metropolitan City for the Han River of the Seoul Special Metropolitan City; the same shall apply hereafter in this Chapter, Chapters Ⅳ, Ⅵ, and Ⅶ) deems it necessary, he/she may make an adjustment to the time set forth in the main body of paragraph (1) for specific zones, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| (3) | Where the chief of a coast guard station or the head of a Si/Gun/Gu has made an adjustment to the time set forth in paragraph (2), he/she shall give public notice of such fact in a place readily viewable by persons doing water-related leisure activities. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 22 (Prohibition of Operation while Drunk) |
| (1) | No person shall operate any power-driven water leisure craft while he/she is drunk (referring to the state of being drunk as referred to in Article 41 (5) of the Maritime Safety Act; hereinafter the same shall apply). <Amended by Act No. 13754, Jan. 7, 2016; Act No. 16567, Aug. 27, 2019> |
| (2) | Where any of the following persons (hereafter in this Article referred to as "relevant public official") has reasonable cause to believe that a person operating a power-driven water leisure craft has violated paragraph (1), the relevant public official may conduct a field sobriety test on such person. In such cases, the person operating a power-driven water leisure craft shall comply with such test: <Amended by Act No. 16567, Aug. 27, 2019> |
| 2. | A Si/Gun/Gu public official engaging in water-related leisure safety business. |
| (3) | Where a relevant public official (excluding a police officer in uniform) conducts a field sobriety test on a person operating a power-driven water leisure craft in accordance with paragraph (2), he/she shall carry a certificate indicating his/her authority and produce it to such person. <Amended by Act No. 16567, Aug. 27, 2019> |
| (4) | Where a person operating a power-driven water leisure craft has an objection to the results of a sobriety test conducted under paragraph (2), another test may be conducted by such means as blood sampling, with consent from such person. <Amended by Act No. 16567, Aug. 27, 2019> |
| (5) | Deleted. <by Act No. 13754, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 23 (Prohibition of Operation under Influence of Drugs, etc.) |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 24 (Prohibition of Excess Capacity) |
No person shall navigate any water leisure craft carrying persons in excess of its capacity, as prescribed by Presidential Decree. <Amended by Act No. 16567, Aug. 27, 2019>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER IV SAFETY MANAGEMENT
| Article 25 (Designation, etc. of Prohibited Zones for Water-Related Leisure Activities) |
| (1) | Where the chief of a coast guard station or the head of a Si/Gun/Gu deems it necessary for safe water-related leisure activities, he/she may designate zones where water-related leisure activities are prohibited (including zones where water-related leisure activities are prohibited for each water leisure craft). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | No person shall engage in water-related leisure activities in prohibited zones designated pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 26 (Corrective Orders) |
Where the chief of a coast guard station or the head of a Si/Gun/Gu deems it necessary for safe water-related leisure activities, he/she may issue any of the following orders to a person doing water-related leisure activities or a person who intends to engage in water-related leisure activities: Provided, That a corrective order to a person who intends to engage in water-related leisure activities shall be issued only in cases where the occurrence of an accident is clearly foreseen: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019>
| 1. | Restriction on the number of persons aboard a water leisure craft (including cases of being pushed or pulled by a water leisure craft; the same shall apply hereinafter) or replacement of an operator; |
| 2. | Temporary suspension of water-related leisure activities; |
| 3. | Improvement or replacement of a water leisure craft. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 27 (Temporary Stoppage, Confirmation, etc.) |
| (1) | Where a relevant public official acknowledges that any person in a water leisure craft has violated this Act or an order issued under this Act, he/she may stop such water leisure craft and confirm such violation, or request such person doing water-related leisure activities to produce a license or ID card. |
| (2) | Where a relevant public official stops a water leisure craft and requests the presentation of a license, etc. as prescribed in paragraph (1), he/she shall carry a certificate indicating his/her authority and show it to interested persons. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 28 (Cooperation of Related Administrative Agencies) |
| (1) | Where the Commissioner of the Korea Coast Guard, the chief of a coast guard station, or the head of a Si/Gun/Gu deems it necessary for safe water-related leisure activities, he/she may request the heads of related administrative agencies to provide cooperation. In such cases, the heads of related administrative agencies who have received such requests for cooperation shall comply therewith in the absence of special circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Where the head of a Si/Gun/Gu deems it necessary for the efficient safety management of water-related leisure activities in the inland waters under his/her jurisdiction, he/she may request the Commissioner of the Korea Coast Guard or the chief of a coast guard station to dispatch relevant police officers or to take charge of the business affairs related to the safety management of water-related leisure activities in specific zones. In such cases, the Commissioner of the Korea Coast Guard or the chief of a coast guard station who has received such request shall comply therewith in the absence of special circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 28-2 (Establishment, etc. of Korea Water-related Leisure Activity Safety Association) |
| (1) | The Korea Water-related Leisure Activity Safety Association (hereinafter referred to as "Association") shall be established to carry out affairs commissioned by administrative agencies, such as the Commissioner of the Korea Coast Guard, including research and development, public relations, training and education on safety management of water-related leisure activities, in order to promote the sound development of the water-related leisure industry and to empower employees of water-related leisure business operators to better conduct safety management. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Association shall be a juristic person. |
| (3) | The Association shall conduct the following projects: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Research on the promotion of water-related leisure safety and water-related leisure industry; |
| 2. | Research on the development of the management system for operator licensing examination and the water leisure craft registration system; |
| 3. | Vicarious execution of operator licensing examinations, and of registration, safety inspections and safety examinations for water leisure craft; |
| 4. | Rescue training, water safety education for water-related leisure business operators and users of water leisure craft, etc. and development of related equipment and educational materials; |
| 5. | Affairs commissioned by the State or local governments under this Act or other statutes; |
| 6. | Other affairs deemed important by the Commissioner of the Korea Coast Guard. |
| (4) | If deemed necessary, the Commissioner of the Korea Coast Guard shall provide financial support to the Association, within budgetary limits, to help it efficiently conduct the projects under paragraph (3). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Matters regarding the articles of association, affairs and supervision of the Association as well as eligibility of its members shall be prescribed by Presidential Decree. |
| (6) | Except as provided for in this Act, the provisions concerning the juristic persons under the Civil Act shall apply mutatis mutandis to the Association. |
[This Article Newly Inserted by Act No. 10799, Jun. 15, 2011]
| Article 29 (Operation of Water-Related Leisure Activity Safety Council) |
| (1) | In order to establish a cooperative system for the efficient safety management of water-related leisure activities, the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may organize and operate a safety council for water-related leisure activities which comprises of the representatives of related administrative agencies having jurisdiction over the relevant areas and the representatives of organizations, etc. <Amended by Act No. 16567, Aug. 27, 2019> |
| (2) | Matters necessary for the organization and operation of safety councils for water-related leisure activities under paragraph (1) shall be specified by ordinance of each local government, as prescribed by Presidential Decree. <Amended by Act No. 16567, Aug. 27, 2019> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 29-2 (Establishment, etc. of Safety Management Plans) |
| (1) | Mayors/Do Governors or the chief of a coast guard station shall formulate and implement an annual plan for water-related leisure safety management. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Commissioner of the Korea Coast Guard may determine guidelines for the establishment of safety management plans under paragraph (1), and provide guidance and supervision necessary for the implementation thereof. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 9068, Mar. 28, 2008]
CHAPTER V REGISTRATION AND INSPECTION OF POWER-DRIVEN WATER LEISURE CRAFTS
| Article 30 (Registration) |
| (1) | The owner (hereinafter referred to as "owner") of a power-driven water leisure craft (excluding ships registered under Article 8 of the Ship Act; hereafter the same shall apply in this Article) shall file an application for registration with the head of a Si/Gun/Gu (referring to the head of an autonomous Gu for the head of a Gu; the Special Self-Governing City Mayor for a Special Self-Governing City and the Special Self-Governing Province Governor for a Special Self-Governing Province; hereafter in this Chapter the same shall apply) having jurisdiction over his/her domicile, within one month from the date he/she owns the power-driven water leisure craft. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 16567, Aug. 27, 2019> |
| (2) | In any of the following cases, the head of a Si/Gun/Gu may reject an application for registration filed: <Amended by Act No. 16567, Aug. 27, 2019> |
| 1. | Where fraudulent entries are found in the application for registration; |
| 2. | Where the structure and apparatus of a power-driven water leisure craft fail to meet the standards for initial inspection under Article 37 (1). |
| (3) | Any of the following power-driven water leisure crafts which a person uses or intends to use for water-related leisure activities shall be subject to registration under paragraph (1): <Newly Inserted by Act No. 10799, Jun. 15, 2011> |
| 2. | Inboard or outboard motor boats, which are prescribed by Presidential Decree; |
| 3. | Rubber boats prescribed by Presidential Decree, excluding those inflatable and movable after being folded; |
| 4. | Yachts with gross tonnage of less than 20 tons, which are prescribed by Presidential Decree. |
| (4) | Matters necessary for registration under paragraph (1) including the requirements and procedures, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 10799, Jun. 15, 2011> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 31 (Registers, etc.) |
| (1) | When the head of a Si/Gun/Gu receives an application for registration as prescribed in Article 30 (1), he/she shall record it in the register of power-driven water leisure crafts (hereinafter referred to as "register") and issue a certificate of registration of power-driven water leisure craft (hereinafter referred to as "registration certificate") and registration number plate to the applicant. <Amended by Act No. 16567, Aug. 27, 2019> |
| (2) | A person who intends to access the register or obtain a copy of the register shall file an application for access or issuance with the head of a Si/Gun/Gu. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 16567, Aug. 27, 2019> |
| (3) | Where the head of a Si/Gun/Gu allows an applicant to access a register or issues a copy of the register to the applicant upon application under paragraph (2), he/she need not indicate some of contents to prevent disclosure of personal information, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Where an owner files an application for re-issuance of a registration certificate or registration number plate with the head of a Si/Gun/Gu, he/she shall re-issue it. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 16567, Aug. 27, 2019> |
| (5) | Matters necessary for matters for re-issuance under paragraph (4) including grounds and prodecures, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 32 (Registration of Alteration) |
Where any registered matter of a power-driven water leisure craft (excluding registration of cancellation prescribed in Article 33) is altered, its owner or occupant shall apply for a registration of alteration to the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 16567, Aug. 27, 2019>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 33 (Registration of Cancellation) |
| (1) | Where a registered power-driven water leisure craft falls under any of the following cases, the owner shall surrender its registration certificate and apply for cancellation of registration to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| 1. | Where the power-driven water leisure craft is destroyed or loses its original functions due to accidents on the water, etc.; |
| 2. | Where the existence of the power-driven water leisure craft is unclear for three months; |
| 3. | Where the power-driven water leisure craft is excluded from the object to be registered due to the change of structures and apparatus of such water leisure craft under Article 36; |
| 4. | Where the power-driven water leisure craft is exported; |
| 5. | Where the power-driven water leisure craft is used for any purpose other than water-related leisure activities. |
| (2) | Where an owner fails to apply for cancellation of registration as prescribed in paragraph (1), the head of a competent Si/Gun/Gu shall give a preemptory notice to the owner to apply for cancellation of registration of the relevant power-driven water leisure craft within the prescribed period not exceeding one month, and where an application for cancellation of registration is not filed within such period, the head of the Si/Gun/Gu may ex officio cancel registration of such power-driven water leisure craft. <Amended by Act No. 16567, Aug. 27, 2019> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 33-2 (Effect of Change of Ownership of Power-Driven Water Leisure Craft) |
[This Article Newly Inserted by Act No. 9068, Mar. 28, 2008]
| Article 33-3 (Registration of Seizure) |
Where the head of a Si/Gun/Gu is commissioned by a court to register seizure as prescribed by the Civil Execution Act, or commissioned by an administrative agency to register seizure as prescribed by the National Tax Collection Act or the Local Tax Collection Act, he/she shall record seizure of the relevant power-driven water leisure craft in the register, as prescribed by Presidential Decree, and notify its owner thereof. <Amended by Act No. 10219, Mar. 31, 2010; Act No. 13287, May 18, 2015; Act 14476, Dec. 27, 2016; Act No. 16567, Aug. 27, 2019> [This Article Newly Inserted by Act No. 9068, Mar. 28, 2008]
| Article 34 (Subscription to Insurance, etc.) |
The owner of a power-driven water leisure craft subject to registration shall, within one month from the date he/she owns the power-driven water leisure craft, subscribe to an insurance or mutual aid (hereinafter referred to an “insurance, etc.”) to compensate victims (referring to persons who have the right to be paid damages where such victims are deceased) where other persons are deceased or injured due to the navigation of the power-driven water leisure craft, as prescribed by Presidential Decree. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 13754, Jan. 7, 2016; Act No. 16567, Aug. 27, 2019>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 35 (Attachment of Registration Number Plates) |
The owner of a power-driven water leisure craft shall attach a registration number plate to a readily visible place in the power-driven water leisure craft, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 36 (Change of Structures and Apparatus of Power-Driven Water Leisure Crafts) |
| (1) | Where the owner of a power-driven water leisure craft intends to change the structures or apparatus which affect the buoyancy prescribed by Ordinance of the Ministry of Oceans and Fisheries, such owner shall file an application for registration of alteration with the head of a Si/Gun/Gu after passing an occasional inspection of water leisure crafts under Article 37 (1) 3. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Where an occasional inspection under paragraph (1) coincides with a regular inspection, the occasional inspection may be replaced by the regular inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 37 (Safety Inspections) |
| (1) | Any person who intends to use a power-driven water leisure craft subject to registration under Article 30 (3) for water-related leisure activities shall undergo the following inspections conducted by the Commissioner of the Korea Coast Guard, according to the procedures, methods and preparation for safety inspections prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| 1. | Initial inspection: Inspection for registration under Article 30; |
| 2. | Regular inspection: Inspection to be conducted regularly every five years after registration; |
| 3. | Occasional inspection: Inspection to be conducted whenever the structure or apparatus of a power-driven water leisure craft is modified. |
| (2) | Any person who engages in water-related leisure business under Article 39 (hereinafter referred to as "water-related leisure business operator") shall undergo a safety inspection (hereinafter referred to as "safety inspection") of power-driven water leisure crafts subject to registration from the Commissioner of the Korea Coast Guard if his/her business territory is seawater, and from the Mayors/Do Governors having jurisdiction over the relevant area if his/her business territory is inland waters, respectively. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Power-driven water leisure crafts subject to inspection under paragraphs (1) and (2) used for water-related leisure business shall be inspected every year, and other power-driven water leisure crafts shall be inspected every five years. <Amended by Act No. 16567, Aug. 27, 2019> |
| (4) | No owner shall use any power-driven water leisure craft that fails to undergo or pass an inspection under paragraph (1) for water-related leisure activities: Provided, That this shall not apply to the cases prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| (5) | A person who intends to have a certificate of safety inspection of power-driven water leisure crafts issued or re-issued shall file an application with the Commissioner of the Korea Coast Guard, a Mayor/Do Governor or an inspection agency under Article 38 (1) (hereafter in this Article referred to as "Commissioner of the Korea Coast Guard, etc."). <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (6) | Upon application under paragraph (5), the Commissioner of the Korea Coast Guard, etc. shall issue or re-issue a certificate of safety inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 38 (Vicarious Execution, etc. of Safety Inspections) |
| (1) | The Commissioner of the Korea Coast Guard or a Mayor/Do Governor may authorize an agency or organization (hereinafter referred to as "inspection agency") designated by the Commissioner of the Korea Coast Guard or the Mayor/Do Governor to vicariously execute all or some of the business affairs relating to safety inspections of power-driven water leisure crafts. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| (2) | Where an inspection agency falls under any of the following cases, the Commissioner of the Korea Coast Guard or a Mayor/Do Governor may cancel the designation of the inspection agency or issue an order to fully or partially suspend business of the inspection agency for a specified period not to exceed six months: Provided, That where an inspection agency falls under subparagraph 1, its designation shall be cancelled: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| 1. | Where the inspection agency is designated by fraud or other improper means; |
| 1-2. | Where the inspection agency falsely conducts a safety inspection intentionally or by gross negligence; |
| 2. | Where the inspection agency ceases to meet the standards under paragraph (5); |
| 3. | Where the inspection agency violates this Act, or orders or conditions for designation under this Act; |
| 4. | Where the inspection agency receives illegal money and valuables in connection with its business or commits any other misconduct. |
| (3) | An inspection agency shall report the duties vacariously performed under paragraph (1) to the Commissioner of the Korea Coast Guard or the Mayors/Do Governors. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The Commissioner of the Korea Coast Guard or a Mayor/Do Governor shall examine the matters reported by inspection agencies as prescribed in paragraph (3) and may take necessary measures if any violation of this Act or an order issued under this Act is discovered. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Necessary matters concerning the mandatory number of inspectors of power-driven water leisure crafts employed by inspection agencies, standards for inspection facilities, equipment, etc., procedures for designation, supervision of inspection agencies, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 16567, Aug. 27, 2019> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER VI WATER-RELATED LEISURE BUSINESS
| Article 39 (Registration, etc. of Water-Related Leisure Business) |
| (1) | Each water-related leisure business operator who intends to carry on business of renting water leisure crafts or transporting persons doing water-related leisure activities in water leisure crafts (hereinafter referred to as "water-related leisure business") shall register matters concerning permission for occupancy or use of rivers or other public waters with the persons classified as follows. In such cases, registration standards may be loosened for a water-related leisure business operator who intends to carry on business of renting water leisure crafts, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where the business area is seawater: The chief of a coast guard station having jurisdiction over the relevant area; |
| 2. | Where the business area is inland waters: The Mayors/Do Governors having jurisdiction over the relevant area; |
| 3. | Where the business area is stretching over jurisdictional areas of two or more chiefs of coast guard stations or the heads of Sis/Guns/Gus: The chief of a coast guard station or the head of a Si/Gun/Gu having jurisdiction over the place where water leisure crafts used in water-related leisure business are moored most often. |
| (2) | Each water-related leisure business operator who has completed registration under paragraph (1), where any registered matter is altered, shall make a registration of alteration, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The chief of a coast guard station or the head of a Si/Gun/Gu who has received an application for registration or alteration registration filed as prescribed in paragraph (1) or (2) shall consult the chiefs of other coast guard stations or the heads of other Sis/Guns/Gus having jurisdiction over the relevant business area prior to the registration. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Necessary matters for safety management of water-related leisure business, including the standards, procedures, and adjustment of business territory for registration under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 39-2 Deleted. <by Act No. 16567, Aug. 27, 2019> |
| Article 39-3 (Validity Period, etc. of Registration of Business) |
| (1) | The validity period of registration of water-related leisure business referred to in Article 39 (1) shall be ten years, but if it is intended to conduct such business for less than ten years, the relevant business period shall be the validity period of registration. |
| (2) | A person who intends to continue to conduct water-related leisure business after the validity period of registration under paragraph (1) has elapsed shall renew the registration, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 13754, Jan. 7, 2016]
| Article 40 (Grounds for Disqualification from Obtaining Registration of Water-Related Leisure Business) |
None of the following persons shall make a registration of water-related leisure business: <Amended by Act No. 13754, Jan. 7, 2016>
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 2. | A person in whose case two years have not elapsed since the completion or exemption of his/her imprisonment with labor or heavier punishment as sentenced by a court for violating this Act; |
| 3. | A person who is under a suspension of imprisonment with labor or heavier punishment as sentenced by a court for violating this Act; |
| 4. | A person in whose case two years have not elapsed since his/her registration was cancelled (excluding where the registration was cancelled due to falling under subparagraph 1 of this Article) under Article 51. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 41 (Succession to Rights and Obligations) |
Any person falling under any of the following subparagraphs shall succeed to the rights and obligations of a water-related leisure business operator following the registration of water-related leisure business:
| 1. | If a water-related leisure business operator is deceased, his/her inheritor; |
| 2. | If a water-related leisure business operator transfers his/her business, the transferee; |
| 3. | If a water-related leisure business operator which is a juridical person is merged, a juridical person surviving the merger or newly established by the merger. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 42 (Reporting on Suspension of Business) |
| (1) | Where a water-related leisure business operator intends to suspend or close his/her business during the registered business period, he/she shall report it to the chief of the relevant coast guard station or the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| (2) | Where a water-related leisure business operator intends to recommence the suspended business, he/she shall file a report with the head of the relevant coast guard station or the head of the relevant Si/Gun/Gu. In this case, the head of the coast guard station or the head of the Si/Gun/Gu shall examine the report and if it is in compliance with this Act, accept the report. <Newly Inserted by Act No. 16567, Aug. 27, 2019> |
| (3) | The chief of the coast guard station or the head of the Si/Gun/Gu in receipt of a report of suspension, closure or recommencement of business as prescribed in paragraph (1) or (2) shall notify the tax office having jurisdiction over the location of the water-related leisure business of such suspension, closure, or recommencement of business. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
Where a water-related leisure business operator has determined usage fees, such as passenger fares, rental fees, etc., he/she shall report thereon to the chiefs of coast guard stations or the heads of Sis/Guns/Gus, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall post it on a readily visible place within the place of business. The same shall also apply to any modification to reported matters. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 44 (Subscription to Insurance Scheme, etc.) |
Each water-related leisure business operator shall subscribe to an insurance scheme, etc. to compensate for damages incurred to its employees and users, as prescribed by Presidential Decree. <Amended by Act No. 13754, Jan. 7, 2016>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 44-2 (Provision of Information on Subscription to Insurance Scheme, etc.) |
Each water-related leisure business operator shall notify the users of information on whether he/she has subscribed to an insurance scheme, etc. referred to in Article 44, as prescribed by Presidential Decree. [This Article Newly Inserted by Act No. 13754, Jan. 7, 2016]
| Article 44-3 (Request for Information on Subscription to Insurance Scheme, etc.) |
| (1) | The Commissioner of the Korea Coast Guard, the chief of a coast guard station, or the head of a Si/Gun/Gu may, for investigation and management related to subscription to an insurance scheme, etc. referred to in Articles 34 and 44, request insurance companies and mutual aid business operators (hereinafter referred to as “insurance companies, etc.”), or insurance associations, etc. referred to in Section 1 of Chapter XI of the Insurance Business Act (hereinafter referred to as “insurance associations, etc.”) to provide materials or information necessary for investigation and management related to subscription to an insurance scheme, etc. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Where insurance companies, etc. are requested to provide materials or information pursuant to paragraph (1), they may provide the relevant materials or information through insurance associations, etc. |
| (3) | A person requested to provide materials and information referred to in paragraph (1) shall comply with such request, except in extenuating circumstances. |
[This Article Newly Inserted by Act No. 13754, Jan. 7, 2016]
| Article 45 (Safety Examinations) |
| (1) | In order to ensure the safety of water-related leisure activities, the chiefs of coast guard stations or the heads of Sis/Guns/Gus shall have relevant public officials conduct safety examinations of water leisure crafts and water-related leisure facilities, such as wharves, etc. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The chiefs of coast guard stations or the heads of Sis/Guns/Gus may order repairing or reinstatement as a result of safety examinations under paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, they may order suspension of use of the relevant water leisure craft for a prescribed period necessary for such repairing or reinstatement as well. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Each public official who conducts an examination as prescribed in paragraph (1) shall carry a certificate indicating his/her authority and produce it to interested parties. |
| (4) | Necessary matters concerning safety examinations and subject items, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Articles 46 and 47 Deleted. <by Act No. 13754, Jan. 7, 2016> |
| Article 48 (Measures to be Taken by Business Operators, such as Safety Examination) |
| (1) | Water-related leisure business operators and their employees shall take the following measures to ensure the safety of water-related leisure activities: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019> |
| 1. | To check the safety of water leisure crafts and water-related leisure facilities; |
| 2. | To confirm weather and water conditions in the business area; |
| 3. | In cases of occurrence of an accident in the business area, to perform relief activities and notify the accident to the related administrative agencies, such as coast guard agencies, police agencies and fire agencies; |
| 4. | To ensure users wear safety equipment and provide users with safety education before boarding; |
| 5. | To assign rescue workers or rafting guides to the place of business; |
| 6. | To have in place emergency rescue boats (which means power-driven water leisure crafts used for patrolling a water leisure business establishment and its business area and for rescue operations: hereafter the same applies in this Article). |
| (2) | No water-related leisure business operators and their employees shall perform any of the following activities in the business area: <Amended by Act No. 13754, Jan. 7, 2016; Act No. 16567, Aug. 27, 2019> |
| 1. | Permitting persons below 14 years of age (limited to minors not accompanied by guardians), intoxicated persons, or mentally ill persons to board water leisure crafts, or lending water leisure crafts to such persons; |
| 2. | Permitting persons to board water leisure crafts in excess of the capacity; |
| 3. | Selling or treating alcoholic beverages in water leisure crafts or allowing users of water leisure crafts to bring alcoholic beverages in water leisure crafts; |
| 4. | Engaging in business outside of the business area; |
| 5. | Engaging in business during the hours other than those set for water-related leisure activities under Article 21; |
| 6. | Bringing dangerous articles, such as explosives, inflammables, etc. prescribed by Presidential Decree, in water leisure crafts on which users are boarding, or transporting such dangerous articles by such water leisure crafts; |
| 7. | Using power-driven water leisure crafts which fail to undergo or to pass a safety inspection under Article 37 or fail to undergo a safety examination under Article 45 for business; |
| 8. | Using an emergency rescue boat for any purpose other than its intended purpose. |
| (3) | The qualifications and assignment standards for rescue workers and rafting guides under paragraph (1) 5 and matters necessary for having in place emergency rescue boats under paragraph (1) 6 shall be prescribed by Presidential Decree. <Amended by Act No. 16567, Aug. 27, 2019> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 49 (Restriction on Business, etc.) |
| (1) | In any of the following cases, the chiefs of coast guard stations or the heads of Sis/Guns/Gus may order water-related leisure business operators to restrict their business zones or business hours or temporarily suspend the business: Provided, That in cases falling under any of subparagraphs 3 through 5, the heads of coast guard safety stations or the heads of Sis/Guns/Gus may issue such order only in connection with any business activities using water leisure crafts prescribed by Presidential Decree, such as water leisure crafts the bodies of the users of which directly contact water surface: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Where weather conditions and water conditions deteriorate; |
| 2. | Where a water accident occurs; |
| 3. | Where water is polluted due to the leakage of oil, chemicals, etc. or the occurrence of algal blooms, red tides, etc.; |
| 4. | Where an obstacle occurs, such as suspended solids; |
| 5. | Where a pest occurs, which would be likely to cause harm to the human body or life; |
| 6. | Where there occurs any of the causes prescribed by Presidential Decree. |
| (2) | Where it is deemed that causes falling under each subparagraph of paragraph (1) cease to exist or are mitigated, the chiefs of coast guard stations or the heads of Sis/Guns/Gus shall revoke restriction on business areas or hours, or temporary business suspension. <Newly Inserted by Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 50 (Submission of Data, etc.) |
The chief of a coast guard station or the head of a Si/Gun/Gu may require water-related leisure business operators to submit relevant documents or data, as prescribed by Presidential Decree, if deemed necessary for the safety of water-related leisure activities. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 51 (Cancellation of Registration, etc. of Water-Related Leisure Business) |
Where any water-related leisure business operator falls under any of the following subparagraphs, the chiefs of coast guard stations or the heads of Sis/Guns/Gus may cancel their registration of water-related leisure business or order suspension of all or some of his/her businesses for up to three months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where any water-related leisure business operator falls under subparagraph 1, 2, or 2-2, they shall cancel their registration of water-related leisure business: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| 1. | Where it makes a registration by fraudulent or other illegal means; |
| 2. | Where it falls under any of the subparagraphs of Article 40; |
| 2-2. | Where it continues to do business after the permssion period of occupancy or use of public waters is over; |
| 3. | Where it or its employees cause casualties intentionally or by negligence; |
| 4. | Where it uses water leisure crafts which are not in compliance with Articles 30, 32, 33, and 35 through 37 for water-related leisure business; |
| 5. | Where it fails to make a registration of alteration as prescribed in Article 39 (2); |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 51-2 (Penalty Surcharges) |
| (1) | Where the Commissioner of the Korea Coast Guard or a Mayor/Do Governor (only applicable to subparagraph 4; hereafter the same applies in this Article) has to suspend a license examination-exempt educational institution, an agency commissioned with safety education, an examination agency or an inspection agency for the reasons classified in the following and finds that suspending its business would cause serious inconvenience to persons using the institution or agency or otherwise be in contrary to the public interest, the Commissioner of the Korea Coast Guard or the Mayor/Do Governor may impose on such institution or agency a penalty surcharge not to exceed ten million won instead of suspending its business: |
| 1. | The license examination-exempt educational institution: Article 7-2 (1) 2 through 4; |
| 2. | The agency commissioned with safety education: Article 10-2 (1) 2 and 3; |
| 3. | The examination agency: Article 14 (2) 2 and 3; |
| 4. | The inspection agency: Article 38 (2) 1-2 and 2 through 4. |
| (2) | The amount of a penalty surcharge imposed under paragraph (1) depending on the type of each violation and the severity level and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a license examination-exempt educational institution, an agency commissioned with safety education, an examination agency or an inspection agency fails to pay a penalty surcharge imposed under paragraph (1) by the due date, the Commissioner of the Korea Coast Guard or a Mayor/Do Governor shall collect the penalty surcharge in the same manner as delinquent national taxes are collected or as prescribed by the Act on the Collection of Local Non-Tax Revenue. |
[This Article Newly Inserted by Act No. 16567, Aug. 27, 2019]
| (1) | Any of the following persons shall pay fees to the Commissioner of the Korea Coast Guard or the heads of Sis/Guns/Gus, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | A person who takes a license examination as prescribed in Article 6 (1); |
| 2. | A person who intends to receive safety education as prescribed in Article 10 (1); |
| 3. | A person who intends to apply for the issuance, re-issuance, or renewal of his/her licence as prescribed in Article 11; |
| 4. | A person who intends to apply for the registration, registration of alteration, registration of cancellation, etc. of a water leisure craft as prescribed in Articles 30, 32, and 33; |
| 5. | A person who intends to receive a registration number plate as prescribed in Article 31 (1); |
| 5-2. | A person who files an application for the issuance of the copy of the register as prescribed in Article 31 (2); |
| 5-3. | A person who files an application for the re-issuance of a registration certificate and registration number plate as prescribed in Article 31 (4); |
| 6. | A person who intends to receive an inspection of water leisure crafts as prescribed in Article 37 (1); |
| 7. | A person who intends to apply for the registration, registration of alteration, suspension, closure, or recommencement of water-related leisure business as prescribed in Articles 39 and 42; |
| 8. | and 9. Deleted. <by Act No. 13754, Jan. 7, 2016> |
| (2) | In any of the following cases, fees determined by agencies entrusted with safety education, vicarious examination agencies, or inspection agencies, shall be paid to the relevant vicarious agencies, etc.: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 13754, Jan. 7, 2016> |
| 1. | Where safety education is conducted upon commission as prescribed in Article 10 (2); |
| 2. | Where vicarious examination agencies perform duties involving license examinations as proxy, as prescribed in Article 14 (1); |
| 2-2. | Where the certificate of safety inspection of a power-driven water leisure craft is re-issued as prescribed in Article 37 (6); |
| 3. | Where inspection agencies perform the business of inspecting water leisure crafts as proxy, as prescribed in Article 38 (1); |
| 4. | Deleted. <by Act No. 13754, Jan. 7, 2016> |
| (3) | Where agencies entrusted with safety education, vicarious examination agencies, or inspection agencies intend to determine or change fees as prescribed in paragraph (2), they shall obtain approval from the Commissioner of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13754, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| (4) | Where agencies entrusted with safety education, vicarious examination agencies, or inspection agencies collect fees as prescribed in paragraph (2), such fees shall be appropriated as revenues of such agencies entrusted with safety education, vicarious examination agencies, or inspection agencies. <Amended by Act No. 13754, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| (1) | The Commissioner of the Korea Coast Guard or a Mayor/Do Governor (only applicable to subparagraph 4) shall hold a hearing to: |
| 1. | Revoke the designation of a license examination-exempt educational institution or suspend its business under Article 7-2 (1) or impose a penalty surcharge under Article 51-2 (1) 1; |
| 2. | Revoke the designation of an agency commissioned with safety education or suspend its business under Article 10-2 (1) or impose a penalty surcharge under Article 51-2 (1) 2; |
| 3. | Revoke the designation of an examination agency or suspend its business under Article 14 (2) or impose a penalty surcharge under Article 51-2 (1) 3; |
| 4. | Revoke the designation of an inspection agency or suspend its business under Article 38 (2) or impose a penalty surcharge under Article 51-2 (1) 4. |
| (2) | The chief of a coast guard station or the head of a Si/Gun/Gu shall hold a hearing to cancel the registration of a water-related leisure business under Article 51. |
[This Article Wholly Amended by Act No. 16567, Aug. 27, 2019]
| Article 54 (Delegation of Authority) |
The Commissioner of the Korea Coast Guard may delegate part of his/her authority under this Act to the head of the relevant agency or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16567, Aug. 27, 2019>
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 55 (Persons Deemed Public Officials for Purposes of Penalty Provisions) |
The executives and employees of license examination-exempt educational institutions, agencies commissioned with safety education, examination agencies or inspection agencies shall be deemed public officials for the purposes of penalty provisions under Articles 127, and 129 through 132 of the Criminal Act. <Amended by Act No. 13754, Jan. 7, 2016; Act No. 16567, Aug. 27, 2019> [This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
CHAPTER VIII PENALTY PROVISIONS
| Article 56 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 13754, Jan. 7, 2016; Act No. 15005, Oct. 31, 2017>
| 1. | A person who steers a power-driven water leisure craft without obtaining an operator license, in violation of the main sentence of Article 20; |
| 2. | A person who steers a power-driven water leisure craft in the state of being drunk, in violation of Article 22 (1); |
| 3. | A person who refuses to take a sobriety test by the relevant public official referred to in Article 22 (2) even though there exists a reasonable ground to believe that he/she is in the state of being drunk; |
| 3-2. | A person who steers a power-driven water leisure craft under the influence of drugs, etc., raising concerns that he/she might not be able to normally control such craft, in violation of Article 23; |
| 4. | A person who engages in water-related leisure business without making a registration or a registration of alteration, in violation of Article 39 (1) and (2); |
| 5. | A water-related leisure business operator who engages in business after the cancellation of registration of water-related leisure business or during the period of business suspension referred to in Article 51. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 57 Deleted. <by Act No. 13754, Jan. 7, 2016> |
| Article 58 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won: <Amended by Act No. 13754, Jan. 7, 2016; Act No. 15005, Oct. 31, 2017; Act No. 16567, Aug. 27, 2019>
| 1. | Deleted; <by Act No. 15005, Oct. 31, 2017> |
| 1-2. | A person who uses a power-driven water leisure craft for water-related leisure activities without making a registration in violation of Article 30 (1); |
| 1-3. | A person who uses any power-driven water leisure craft that fails to undergo or pass an inspection for water-related leisure activities in violation of the main sentence of Article 37 (4); |
| 2. | Deleted; <by Act No. 13754, Jan. 7, 2016> |
| 3. | A water-related leisure business operator who violates an order for repairing or reinstatement under Article 45 (2); |
| 4. | A water-related leisure business operator or his/her employee who fails to take measures necessary for safe navigation or commits a prohibited act in violation of Article 48; |
| 5. | A water-related leisure business operator who violates an order to restrict business areas or business hours or an order to temporarily suspend business under Article 49. |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
| Article 59 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 13754, Jan. 7, 2016; Act No. 16567, Aug. 27, 2019> |
| 1. | A person who fails to undergo education in violation of Article 16 (1); |
| 2. | A person who fails to wear protective equipment in violation of Article 17; |
| 3. | A person who fails to comply with navigation regulations in violation of Article 18; |
| 4. | A person who fails to submit a report in violation of Article 19 (1) or (2); |
| 5. | A person who performs water-related leisure activities during the hours other than those set for water-related leisure activities under Article 21 (1) and (2); |
| 6. | A person who permits persons to aboard the water leisure craft operated by him/her in excess of the capacity in violation of Article 24; |
| 7. | A person who performs water-related leisure activities in an area where water-related leisure activities are prohibited in violation of Article 25 (2); |
| 8. | A person who fails to apply for registration within one month from the date he/she owns a power-driven water leisure craft in violation of Article 30 (1); |
| 9. | A person who fails to obtain approval for modification of structures and apparatus in violation of Article 36; |
| 10. | A water-related leisure business operator who fails to undergo a safety inspection of power-driven water leisure crafts in violation of Article 37 (2); |
| 10-2. | A person who is designated as an inspection agency referred to in Article 38 (1) by fraud or other improper means; |
| 10-3. | A person who falsely conducts a safety inspection intentionally or by gross negligence pursuant to Article 38 (2) 1-2; |
| 10-4. | A water-related leisure business operator who fails to report the suspension, closure or recommencement of business in violation of Article 42 (1) and (2); |
| 11. | A water-related leisure business operator who receives money and valuables other than usage fees reported under Article 43 or fails to post a notice of reported matters; |
| 11-2. | A water-related leisure business operator who fails to subscribe to an insurance, etc. in violation of Article 44; |
| 11-3. | A water-related leisure business operator who fails to notify or falsely notifies whether he/she has subscribed to an insurance, etc. in violation of Article 44-2, without just grounds; |
| 12. | A water-related leisure business operator who fails to submit documents or data under Article 50, or submits false documents or data. |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding 500,000 won: <Amended by Act No. 13754, Jan. 7, 2016; Act No. 16567, Aug. 27, 2019> |
| 1. | A person who fails to surrender his/her license in violation of Article 13 (2); |
| 2. | A person who fails to comply with a corrective order under Article 26; |
| 3. | A person who fails to comply with an order for temporary suspension or an order to produce a license or ID card as prescribed in Article 27; |
| 4. | A person who fails to make a registration of alteration of a power-driven water leisure craft in violation of Article 32; |
| 5. | A person who receives a preemptory notice of registration of cancellation of a power-driven water leisure craft under Article 33 (2), but fails to implement such registration within the prescribed period; |
| 6. | A person who fails to subscribe to an insurance, etc. in violation of Article 34; |
| 7. | A person who fails to attach a registration number plate in violation of Article 35; |
| 8. | A person who fails to undergo inspections of personal water leisure crafts, in violation of Article 37 (1). |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Commissioner of the Korea Coast Guard, the chief of a coast guard station, the head of a Si/Gun/Gu (referring to the head of an agency responsible for the management of the Han River of the Seoul Special Metropolitan City, for the Han River of the Seoul Special Metropolitan City; hereafter referred to as "imposing authority" in this Article), as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | through (6) Deleted. <by Act No. 13754, Jan. 7, 2016> |
| (7) | Necessary matters concerning administrative fines referred to in paragraphs (1) and (2) including imposition and collection, procedures for litigation and execution, etc. shall be governed by the Act on the Regulation of Violations of Public Order. <Newly Inserted by Act No. 13754, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Special Cases concerning Registration of Water Leisure Crafts)
Notwithstanding the amended provisions of Article 30, water leisure crafts which are being used for water-related leisure activities at the time this Act enters into force shall be registered within one year after this Act enters into force. Article 3 (Special Cases concerning Inspection of Water Leisure Crafts)
Notwithstanding the amended provisions of Article 37, water leisure crafts which are being used for water-related leisure activities at the time this Act enters into force shall receive inspections within one year after this Act enters into force. Article 4 (Transitional Measures concerning Driving License)
Any person who has obtained a license under the previous provisions at the time this Act enters into force shall be deemed to have obtained a license and received safety education under the amended provisions of Articles 4 and 10. Article 5 (Transitional Measures concerning Designation of Vicarious Examination Agencies)
Any agency vicariously performing duties involving license examinations, which has been designated under the previous provisions at the time this Act enters into force, shall be deemed to have been designated under the amended provisions of Article 14. Article 6 (Transitional Measures concerning Water-Related Leisure Business)
Any water-related leisure business which has been registered under the previous provisions at the time this Act enters into force shall be deemed to have been registered under the amended provisions of Article 39 of this Act. Article 7 (Transitional Measures concerning Penal Provisions)
The application of penal provisions to acts committed before this Act enters into force shall be made pursuant to the previous provisions.
Article 8 (General Transitional Measures)
Any order, measure or disposition issued or taken under the previous provisions at the time this Act enters into force, which is not contradictory to this Act, shall be deemed to have been issued or taken under this Act.
ADDENDUM <Act No. 8016, Sep. 27, 2006>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 shall enter into force six months after this Act enters into force.
ADDENDA <Act No. 8221, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force ten months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8344, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8621, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9068, Mar. 28, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso to Article 9 other than each subparagraph, Article 13 (1) 5 through 9, Article 22 (2) through (4), Article 33-2, Article 33-3, subparagraphs 4 through 6 of Article 51 and Article 59 (2) shall enter into force on July 1, 2008. |
| (2) | (Transitional Measures concerning Administrative Dispositions) The previous provisions shall apply to administrative dispositions imposed on acts done before this Act enters into force. |
| (3) | (Transitional Measures concerning Penal Provisions, etc.) The previous provisions shall apply to penal provisions and fines for negligence for acts done before this Act enters into force. |
ADDENDA <Act No. 9525, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 10458, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force 18 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 10786, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10799, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4-2, 7 (1), 30 (1), (3) and (4), 31 (3), (4) and (5), 33 (1), 34, 36, 37 (1), (5) and (6), 39 (1) and (4), 39-2, and 52 (1) and (2) shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Renewal of Operator License)
The amended provisions of Article 9 shall also apply to the renewal, etc. of operator license acquired before this Act enters into force. Article 3 (Applicability to Change of Structures and Mechanisms of Water Leisure Crafts)
The amended provisions of Article 36 shall apply to a water leisure craft of which structure and mechanism is altered for the first time on or after this Act enters into force. Article 4 (Transitional Measures concerning Water Leisure Crafts Which Had Received Inspections under Other Act)
Where a ship which has been registered under Article 8 of the Ship Act and has received an inspection under the Ship Safety Act at the time this Act enters into force is registered as a water leisure craft according to the amended provisions of Article 30, it shall be deemed that the ship has received a new inspection under Article 37 (1) 1. Article 5 (Transitional Measures concerning Water Leisure Training Business)
Any water leisure training business registered under the previous provisions at the time this Act enters into force shall be deemed to have reported under the amended provisions of Article 39-2. Article 6 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of Addenda, the amended parts that have been promulgated but their enforcement dates have yet to arrive shall enter into force on their respective enforcement dates.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13186, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 13287, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13754, Jan. 7, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Cases of Conducting Safety Inspection in No Conformity with Relevant Facts Intentionally or by Gross Negligence)
The amended provisions of Article 38 (2) 1-2 shall begin to apply from the first case where a safety inspection is conducted in no conformity with the relevant facts intentionally or by gross negligence after this Act enters into force. Article 3 (Special Cases concerning Validity Period of Registration of Business)
| (1) | Where water-related leisure business referred to in Article 39 is registered before this Act enters into force, the validity period of registration thereof shall be deemed the period of business presented as at the time such water-related leisure business is registered: Provided, That, where such period of business exceeds ten years, the validity period of registration shall be deemed ten years. |
| (2) | Where a water-related leisure business operator, the validity period of registration of whose business has already elapsed or is expected to expire in less than six months according to the proviso to paragraph (1) as at the time this Act enters into force, intends to continue to conduct water-related leisure business even after the validity period of his/her business expires, he/she shall renew the registration pursuant to the amended provisions of Article 39-3 (2), by no later than six months from the date this Act enters into force. |
Article 4 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship or persons under limited guardianship referred to in the amended provisions of subparagraph 1 of Article 40 shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429). Article 5 (Transitional Measures concerning Administrative Fines)
The previous provisions shall govern when applying the provisions of administrative fines to offenses committed before the Act enters into force.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts amended by Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on their respective enforcement dates.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15005, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Standards for Exemption from License Examination Subjects)
The amended provisions of Article 7 (1) 2 shall apply, beginning with the first license examination executed after this Act enters into force.
ADDENDUM <Act No. 16155, Dec. 31, 2018>
This Act shall enter into force on the date of its promulgation
ADDENDA <Act No. 16567, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability of Surrender of License)
The amended provisions of Article 13 (2) shall apply, beginning with a person whose operator license is suspended after this Act enters into force. Article 3 (Transitional Measures concerning Renewal of License)
Notwithstanding the amended provisions of Article 9 (2) and (3), former provisions shall apply in cases where an operator license was suspended under the former provisions as at the time this Act enters into force. Article 4 (Transitional Measures concerning Organization and Operation of Safety Council for Water-Related Leisure Activities)
Former provisions shall apply to the organization and operation of a safety council for water-related leisure activities organized and operated under the former provision as at the time this Act enters into force until ordinance of each local government is established under the amended provisions of Article 29 (2).