CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to securing the safety of marine traffic and improving the efficiency of navigation of vessels by establishing aids to navigation and managing them in a rational and efficient manner.
The terms used in this Act are defined as follows:
| 1. | The term "aid to navigation" means an aid to navigation prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as a visual aid, shape aid, audible aid, radio aid, and special signal mark, which inform navigating vessels of the position and direction of the vessels, position of obstacles, etc. by means of lights, shapes, colors, sound, radio signals, etc.; |
| 2. | The term "facilities attached to aids to navigation" means the following facilities attached to aids to navigation: |
| (a) | Access roads to aids to navigation; |
| (b) | Buildings (referring to buildings prescribed in Article 2 (1) 2 of the Building Act) used as offices, living quarters, power houses, warehouses, etc. for the management of aids to navigation; |
| 3. | The term "aids to navigation equipment and supplies" means equipment and supplies necessary to maintain and manage the functioning of aids to navigation, such as a marine lantern, control panel, charge and discharge controller, and battery. |
| Article 3 (Responsibilities of the State) |
In order to protect the lives and property of the people by securing the safety of marine traffic, the State shall prepare policies for aids to navigation and implement such policies faithfully.
| Article 4 (Scope of Application) |
This Act shall apply to aids to navigation established in the following waters:
| Article 5 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, this Act shall apply to the establishment and management of aids to navigation.
CHAPTER II MASTER PLANS FOR AIDS TO NAVIGATION
| Article 6 (Formulation of Master Plans for Aids to Navigation) |
| (1) | For the creation of a safe and efficient marine traffic environment, the Minister of Oceans and Fisheries shall formulate and implement a master plan for aids to navigation every 10 years (hereinafter referred to as "master plan for aids to navigation") in consultation with the heads of relevant central administrative agencies. <Amended on Jan. 15, 2019> |
| (2) | A master plan for aids to navigation shall include the following matters: |
| 1. | Basic direction-setting regarding aids to navigation and promotion objectives regarding aids to navigation; |
| 2. | Technological research on aids to navigation; |
| 3. | Investment plans regarding aids to navigation; |
| 4. | International cooperation on aids to navigation; |
| 5. | Training of professional human resources on aids to navigation; |
| 6. | Other matters necessary for the development of aids to navigation. |
| (3) | The Minister of Oceans and Fisheries shall examine the appropriateness of the master plan for aids to navigation every five years. |
| (4) | Matters necessary for formulating and implementing a master plan for aids to navigation under paragraph (1) and examining the appropriateness of a master plan for aids to navigation under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 7 (Revision of Master Plans for Aids to Navigation) |
The Minister of Oceans and Fisheries may revise master plans for aids to navigation in any of the following cases:
| 1. | Where revision of a master plan for aids to navigation is deemed necessary as a result of examining the appropriateness of the master plan for aids to navigation pursuant to Article 6 (3); |
| 2. | Where revision of a master plan for aids to navigation is necessary in response to the change in the marine environment, introduction of new methods of aids to navigation, etc. |
| Article 8 (Formulation of Action Plans for Aids to Navigation) |
| (1) | The Minister of Oceans and Fisheries shall formulate and implement an action plan for aids to navigation each year in accordance with the master plan for aids to navigation, and shall endeavor to secure financial resources necessary therefor. <Amended on Jan. 15, 2019> |
| (2) | Matters necessary for formulating, implementing, and revising action plans for aids to navigation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 8-2 (Submission of Master Plans and Action Plans for Aids to Navigation to the National Assembly) |
| (1) | Where the Minister of Oceans and Fisheries formulates or revises a master plan for aids to navigation or an action plan for aids to navigation, he or she shall notify such plan to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as the "Mayors/Do Governors"), and shall submit the plan to the competent standing committee of the National Assembly without delay. |
| (2) | Where the Minister of Oceans and Fisheries formulates or revises a master plan or action plan for aids to navigation, he or she shall publicize the fact. |
| (3) | Where it is necessary to formulate a master plan or action plan for aids to navigation, the Minister of Oceans and Fisheries may request submission of relevant data from the heads of relevant central administrative agencies or the Mayors/Do Governors. In such cases, the heads of relevant central administrative agencies or the Mayors/Do Governors so requested shall comply with such request, unless there is good cause. |
| (4) | Matters necessary for the procedures for notifying and submitting a master plan or an action plan for aids to navigation under paragraph (1) and for the methods for publicizing the fact under paragraph (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Jan. 15, 2019]
CHAPTER III ESTABLISHMENT, MANAGEMENT, AND PROTECTION OF AIDS TO NAVIGATION
SECTION 1 Establishment and Management of Aids to Navigation
| Article 9 (Establishment and Management of Aids to Navigation) |
| (1) | The Minister of Oceans and Fisheries shall establish and manage aids to navigation. |
| (2) | Where the Minister of Oceans and Fisheries intends to establish an aid to navigation pursuant to paragraph (1), he or she shall determine the placement and functions of the aid to navigation, comprehensively taking into account the conditions of, status of marine traffic, etc. in the waters in which the aid to navigation is to be established, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | The Minister of Oceans and Fisheries shall secure, maintain, and manage facilities, equipment, vessels, etc. necessary for the establishment and management of aids to navigation. |
| (4) | In order to confirm whether the functions of aids to navigation publicly notified pursuant to Article 16 are maintained, the Minister of Oceans and Fisheries shall conduct measurements and analyses of the functions of the aids to navigation periodically, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (5) | Where the Minister of Oceans and Fisheries determines standards for the functions and specifications of aids to navigation, he or she shall publicly notify them. |
| (6) | Notwithstanding paragraph (1), a person who needs to establish aids to navigation to use them for his or her own business or duty may establish the aids to navigation after obtaining permission from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. |
| Article 10 (Provision of Navigation Information) |
| (1) | The Minister of Oceans and Fisheries shall establish and operate the Differential Global Navigation Satellite System (DGNSS) and the Long Range Navigation System (LORAN) to provide the following navigation information to users, as prescribed by Presidential Decree: |
| 1. | Positioning information generated by correcting various differential factors based on signals received from satellites for position measurement (excluding the area of aviation, and areas of land survey prescribed by Presidential Decree); |
| 2. | Information on the positioning, navigation, timing, etc. of vessels, which is obtained by using radio signals broadcasted from a transmitting station established on the ground. |
| (2) | Where the Minister of Oceans and Fisheries establishes and operates a Differential Global Navigation Satellite System, he or she shall have a prior consultation with the heads of relevant central administrative agencies. |
| (3) | The Minister of Oceans and Fisheries shall promote technology development for the establishment and management of the Differential Global Navigation Satellite System and the Long Range Navigation System and for the provision of navigation information, as prescribed by Presidential Decree. |
| (4) | The Minister of Oceans and Fisheries shall formulate and implement security measures, etc. to reinforce the security of the Differential Global Navigation Satellite System and the Long Range Navigation System, as prescribed by Presidential Decree. |
| Article 11 (Establishment and Operation of Special Signal Marks) |
| (1) | The Minister of Oceans and Fisheries may install and operate special signal marks, such as marine weather marks, tidal current marks, and automatic position identification marks in the waters where marine accidents occur or are likely to occur frequently due to the volume of vessel traffic, marine weather conditions, tidal currents, etc., and may provide the relevant information in real time. In such cases, the Minister of Oceans and Fisheries shall give priority to establishing and operating special signal marks in the waters prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Matters necessary for the establishment and operation of special signal marks under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 12 (Removal of Underwater Rocks) |
| (2) | Where it is not possible to establish aids to navigation pursuant to paragraph (1) but where it is necessary to prevent marine accidents, the Minister of Oceans and Fisheries may remove the relevant underwater rocks, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 13 (Establishment and Management of Aids to Navigation Marking Construction Zones) |
| (1) | A person who intends to conduct any of the following acts in waters used for the navigation of vessels and prescribed by Presidential Decree shall establish and manage aids to navigation after obtaining permission from the Minister of Oceans and Fisheries: |
| 1. | Implementing construction works which can obstruct the navigation of vessels, such as dredging, reclamation, and establishment of structures; |
| 2. | Installing man-made structures, such as a wind farm, tidal power plant, wave power plant, and pier. |
| (2) | Where a person obliged to establish aids to navigation pursuant to paragraph (1) fails to do so, the Minister of Oceans and Fisheries may order him or her to take necessary measures, such as the suspension of construction works. |
| Article 14 (Establishment and Management of Wreck Markings) |
| (1) | Where a vessel sunken or grounded in waters used for the navigation of vessels and prescribed by Presidential Decree obstructs the navigation of other vessels, the owner of the relevant vessel shall without delay establish and manage aids to navigation to mark the sunken or grounded vessel (hereinafter referred to as "wreck marking") and shall file a report on such fact with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. |
| (2) | Where the Minister of Oceans and Fisheries deems that a wreck marking established pursuant to paragraph (1) is likely to severely disrupt the safety of navigation of vessels, he or she may order the owner of the sunken or grounded vessel to take necessary measures, such as the additional establishment or change of position of the wreck marking. In such cases, a person who has taken necessary measures, such as additionally establishing or changing the positioning of wreck markings in accordance with the order of the Minister of Oceans and Fisheries shall inform the Minister of such fact. |
| (3) | A person obliged to establish and manage wreck markings pursuant to paragraph (1) may request the Minister of Oceans and Fisheries to establish and manage the wreck markings on his or her behalf, on condition that he or she bear the costs, as prescribed by Presidential Decree. |
| (4) | Notwithstanding paragraphs (1) and (3), the Minister of Oceans and Fisheries may directly establish and manage wreck markings in the following cases to prevent marine accidents and claim the costs thereof from the owner of the sunken or grounded vessel: |
| 1. | Where it is urgently necessary to establish wreck markings; |
| 2. | Where the owner of a sunken or grounded vessel does not establish wreck markings; |
| 3. | Where wreck markings fail to be established due to other causes. |
| (5) | Matters necessary for the methods of calculation, period of payment, etc. of costs of establishing and managing wreck markings in cases where the Minister of Oceans and Fisheries establishes and manages the wreck markings pursuant to paragraph (3) or (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 15 (Deemed Permission) |
| (1) | Where permission is obtained or a report is filed pursuant to Article 9 (6), 13 (1), 14 (1), or 19 (1), or where the owner of a sunken or grounded vessel establishes wreck markings additionally or changes the position of the wreck markings established in compliance with an order issued by the Minister of Oceans and Fisheries to take measures prescribed in Article 14 (2), the following permission, approval, or report shall be deemed granted or filed: |
| (2) | Where the Minister of Oceans and Fisheries intends to grant permission to establish or change aids to navigation pursuant to Article 9 (6), 13 (1), or 19 (1), he or she shall have a prior consultation with the heads of relevant administrative agencies on any of the matters prescribed in the subparagraphs of paragraph (1). |
| (3) | Where the owner of a vessel establishes a wreck marking and files a report on such fact pursuant to Article 14 (1), or establishes a wreck marking additionally or changes the position of a wreck marking established pursuant to paragraph (2) of the same Article, the Minister of Oceans and Fisheries shall notify the heads of the relevant administrative agencies of any of the matters prescribed in the subparagraphs of paragraph (1). |
| (4) | The heads of relevant administrative agencies shall submit their opinions within the period prescribed by Presidential Decree from the date of receiving a request for consultation referred to in paragraph (2). <Newly Inserted on Jan. 15, 2019> |
| (5) | Where the heads of relevant administrative agencies fail to submit their opinions within the period prescribed in paragraph (4) (where the answer period is extended pursuant to Article 20 (2) of the Civil Petitions Treatment Act, referring to such extended period), such consultation shall be deemed made. <Newly Inserted on Jan. 15, 2019> |
| Article 16 (Public Notice of Aids to Navigation) |
Where aids to navigation are established or discontinued or where there is any change in the current status of aids to navigation prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the position, name, and rhythmic character (hereinafter referred to as "change in the current status"), the Minister of Oceans and Fisheries shall publicly notify such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
A person who discovers aids to navigation involved in accidents caused by natural disasters, collision with vessels, or other causes, such as a blackout, being lost in the signals, sinking, collapse, or moved position shall immediately file a report on such fact with the Minister of Oceans and Fisheries or the heads of affiliated organizations, or the chiefs of coast guard stations.
SECTION 2 Management of Private Aids to Navigation
| Article 18 (Management of Private Aids to Navigation) |
| (1) | The owners of aids to navigation established by persons other than the Minister of Oceans and Fisheries pursuant to Article 9 (6), 13, or 14 (hereinafter referred to as "private aids to navigation") shall employ a person who engages in the management of the private aids to navigation (hereinafter referred to as "staff member managing private aids to navigation") and have equipment and facilities in place necessary for managing the private aids to navigation before filing a report with the Minister of Oceans and Fisheries: Provided, That the same shall not apply to the following cases: |
| 1. | Requesting the Minister of Oceans and Fisheries to establish and manage wreck markings on his or her behalf pursuant to Article 14 (3); |
| 2. | Outsourcing the management of private aids to navigation to persons whose business of outsourced management of private aids to navigation has been registered pursuant to Article 23 (1) (hereinafter referred to as "outsourced management business entity"). |
| (2) | Where the owner of a private aid to navigation falls under any of the following cases, he or she shall file a report on such fact with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
| 1. | Transferring a private aid to navigation to another person; |
| 2. | Outsourcing the management of a private aid to navigation to an outsourced management business entity; |
| 3. | Where a private aid to navigation is malfunctioning due to a blackout, being lost in the signals, sinking, collapse, moved position, etc. |
| (3) | The owner or outsourced management business entity of a private aid to navigation shall manage the relevant private aid to navigation to prevent it from malfunctioning. |
| (4) | Where a private aid to navigation is malfunctioning due to a blackout, being lost in the signals, sinking, collapse, location change, etc. or impedes marine traffic, the Minister of Oceans and Fisheries may order the owner or the outsourced management business entity thereof to take measures necessary to eliminate such impediment within a specified period. |
| (5) | Upon receiving a report prescribed in paragraph (2) 1, the Minister of Oceans and Fisheries shall notify the person who has filed the report, of whether his or her report has been accepted within six days from the date of receipt thereof. <Newly Inserted on Jan. 15, 2019> |
| (6) | Where the Minister of Oceans and Fisheries fails to notify the person who has filed the report, of whether his or her report has been accepted or the extension of its processing period pursuant to the statutes or regulations governing processing civil petitions within the period prescribed in paragraph (5), the report shall be deemed accepted on the day after the end of such period (where the processing period is extended or re-extended pursuant to the statutes or regulations governing processing civil petitions, referring to such extended period). <Newly Inserted on Jan. 15, 2019> |
| Article 19 (Change in Current Status of Private Aids to Navigation) |
| (1) | Where the owner of a private aid to navigation intends to change its current status, he or she shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. |
| (2) | Where the owner of a private aid to navigation intends to discontinue the private aid to navigation as the purpose of the establishment thereof ceases to exist shall file a report with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | Upon receiving a report prescribed in paragraph (2), the Minister of Oceans and Fisheries shall notify the person who has filed the report, of whether it has been accepted within six days from the date of receipt thereof. <Newly Inserted on Jan. 15, 2019> |
| (4) | Where the Minister of Oceans and Fisheries fails to notify the person who has filed the report, of whether his or her report has been accepted or the extension of its processing period pursuant to the statutes or regulations governing processing civil petitions within the period prescribed in paragraph (3), the report shall be deemed accepted on the day after the end of such period (where the processing period is extended or re-extended pursuant to the statutes or regulations governing processing civil petitions, referring to such extended period). <Newly Inserted on Jan. 15, 2019> |
| Article 20 (Confirmation of Completion of Establishment of Private Aids to Navigation) |
Where a private aid to navigation is established, or the change in the current status of private aids to navigation is made pursuant to Article 19 (1), the owner of the relevant private aid to navigation shall obtain confirmation of completion of establishment from the Minister of Oceans and Fisheries without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
| Article 21 (Grounds for Disqualification) |
None of the following persons shall become a staff member managing private aids to navigation:
| 2. | A person under adult guardianship or a person under limited guardianship; |
| 3. | A person for whom three years have not passed since his or her imprisonment with labor declared by a court for violating this Act or Article 186 of the Criminal Act was completely executed (including cases where such sentence is deemed executed) or exempted; |
| Article 22 (Management of Staff Members Managing Private Aids to Navigation) |
| (1) | Where a staff member managing private aids to navigation violates any of the matters to be observed which are prescribed by Ordinance of the Ministry of Oceans and Fisheries in the course of performing his or her duty to manage the private aids to navigation, the Minister of Oceans and Fisheries may request the owner or the outsourced management business entity of the private aids to navigation to take necessary corrective measures, such as suspending the duties of the staff member managing private aids to navigation for a period not exceeding six months or replacing the staff member managing private aids to navigation. |
| (2) | Where the owner or the outsourced management business entity of a private aid to navigation is requested to take corrective measures prescribed in paragraph (1), he or she shall comply therewith unless there is a compelling reason not to do so, and shall inform the Minister of Oceans and Fisheries of the details of the measures taken within 15 days from the date of receiving the request to take corrective measures. |
| (3) | Detailed standards for suspending the duties, etc. of staff members managing private aids to navigation, which are as prescribed in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 23 (Registration of Outsourced Management Business) |
| (1) | A person who intends to undertake the outsourced management of private aids to navigation (hereinafter referred to as "outsourced management business") shall file for registration with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries in compliance with the registration standards prescribed by Presidential Decree in terms of the number of staff members managing private aids to navigation, facilities, capital, etc. The same shall apply to any revision of matters registered. |
| (2) | None of the following persons shall become an outsourced management business entity: |
| 2. | A person under adult guardianship or limited guardianship; |
| 3. | A person for whom three years have not passed since his or her imprisonment with labor declared by a court for violating this Act or Article 186 of the Criminal Act was completely executed (including cases where such sentence is deemed executed) or exempted; |
| 5. | A person for whom two years have not passed since his or her registration of outsourced management business is revoked pursuant to Article 26 (excluding cases where the registration of outsourced management business is revoked as he or she falls under subparagraph 1 or 2 of this paragraph); |
| 6. | A corporation the representative of which is a person who falls under any of subparagraphs 1 through 5. |
| (3) | Where an outsourced management business entity registers to do business, the Minister of Oceans and Fisheries shall issue a certificate of registration of outsourced management business to such entity, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | An outsourced management business entity who has had a certificate of registration issued pursuant to paragraph (3) shall, if there is any change in the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries among the matters entered in the certificate of registration of outsourced management business, request the Minister of Oceans and Fisheries to change such matters entered within 30 days, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (5) | No outsourced management business entity shall lend his or her certificate of registration of outsourced management business to other persons. |
| Article 24 (Succession to Rights and Obligations) |
| (1) | Where an outsourced management business entity transfers the relevant business or dies, or where a corporation is merged with another corporation, the transferee or inheritor, or the corporation surviving the merger or the corporation established by the merger shall succeed to the rights and obligations that ensue from the registration thereof. |
| (3) | A person who succeeds to rights and obligations pursuant to paragraph (1) shall file a report on such fact with the Minister of Oceans and Fisheries within 30 days from the date he or she succeeds to such rights and obligations, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | Article 23 (2) shall apply mutatis mutandis to grounds for disqualification of persons who succeed to rights and obligations pursuant to paragraph (1) or (2). |
| (5) | Upon receiving a report under paragraph (3), the Minister of Oceans and Fisheries shall notify the person who has filed the report, of whether his or her report has been accepted within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date of receipt thereof. <Newly Inserted on Jan. 15, 2019> |
| (6) | Where the Minister of Oceans and Fisheries fails to notify the person who has filed the report, of whether his or her report has been accepted or the extension of its processing period pursuant to the statutes or regulations governing processing civil petitions within the period prescribed in paragraph (5), the report shall be deemed accepted on the day after the end of such period (where the processing period is extended or re-extended pursuant to the statutes or regulations governing processing civil petitions, referring to such extended period). <Newly Inserted on Jan. 15, 2019> |
| Article 25 (Reporting on Commencement of Business) |
Where an outsourced management business entity intends to commence, suspend, or close the business, he or she shall file a report on such fact with the Minister of Oceans and Fisheries in advance, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall apply to cases where he or she intends to resume business after the suspension of business.
| Article 26 (Revocation of Registration of Outsourced Management Business) |
| (1) | Where an outsourced management business entity falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the registration of outsourced management business or issue an order to suspend business for a specified period not exceeding one year: Provided, That in cases falling under any of subparagraphs 1 through 3, or subparagraph 6, he or she shall revoke the registration: <Amended on Mar. 24, 2020> |
| 1. | Filing for registration of outsourced management business by fraud or other improper means; |
| 2. | Lending a certificate of registration of outsourced management business to other persons; |
| 3. | Concluding a new outsourced management contract for the management of private aids to navigation during the period of suspension of business; |
| 4. | Thirty days have passed from the date an outsourced management business entity failed to comply with the registration standards for outsourced management business prescribed in the former part of Article 23 (1); |
| 5. | Changing matters registered without filing registration for change, in violation of the latter part of Article 23 (1) or registering change by fraud; |
| 6. | Being disqualified under the subparagraphs of Article 23 (2) (including cases which are applied mutatis mutandis in 24 (4)): Provided, That the following cases shall be excluded: |
| (a) | Being disqualified under any subparagraph of Article 23 (2) due to inheritance but the ground for disqualification ceases to exist within three months; |
| (b) | Where a corporation which falls under Article 23 (2) 6 replaces its representative who is disqualified within three months; |
| 7. | Commencing, suspending, or resuming business without filing a report on the commencement of business, suspension of business, or resumption of business, in violation of Article 25; |
| 8. | Failing to resume business within one year from the date of registration without good cause. |
| (2) | Where an outsourced management business entity becomes subject to a disposition to revoke registration of outsourced management business or suspension of business under paragraph (1), such entity shall inform the owner of the private aid to navigation who outsourced the management thereof of such fact within 15 days from the date he or she becomes subject to such disposition. |
| (3) | Matters such as detailed standards, procedures, etc. for dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 27 (Measures following Revocation of Registration of Outsourced Management Business) |
| (1) | The owner of a private aid to navigation may have the outsourced management business entity who is subject to a disposition to revoke registration of outsourced management business or to suspend business pursuant to Article 26 (1) continue to conduct the outsourced management business for which the contract has concluded before such disposition is imposed for a period not exceeding three months. |
| (2) | Where an outsourced management business entity who is subject to a disposition to revoke registration of outsourced management business or to suspend business pursuant to Article 26 (1) continues to conduct the outsourced management business pursuant to paragraph (1), he or she shall be deemed an outsourced management business entity prescribed in this Act until the outsourced management business is terminated within the period prescribed in paragraph (1). |
| Article 28 (Reporting and Confirmation) |
| (1) | The Minister of Oceans and Fisheries may have the owners of private aids to navigation or outsourced management business entities submit materials or file reports, which are necessary for the management and operation of the private aids to navigation, and have the relevant public officials enter the management offices of private aids to navigation, facilities attached to private aids to navigation, and other places to investigate the current status of management of the aids to navigation, or compliance or non-compliance with the registration standards for outsourced management business or inspect business papers and other documents. |
| (2) | Every relevant public official who makes an entry pursuant to paragraph (1) shall carry identification indicating his or her authority and present it to relevant persons. |
| (3) | Where the Minister of Oceans and Fisheries intends to investigate the current status of management, etc. or inspect business papers and other documents by entering a management office, etc. pursuant to paragraph (1), he or she shall issue a written notice to the owner or outsourced management business entity of the private aids to navigation, stating the purpose, date, period, etc. of entry not later than seven days prior to the date the investigation or inspection is to be conducted: Provided, That he or she may not issue a notice where urgency is required or where advance notice is deemed unlikely to attain the purpose of investigation or inspection due to destruction of evidence, etc. |
| Article 29 (Orders for Relocation and Removal) |
| (1) | In addition to the issuance of orders to take measures for addressing the malfunctioning of private aids to navigation or impediments to marine traffic under Article 18 (4), the Minister of Oceans and Fisheries may, if necessary for the safety of marine traffic, have the owners or outsourced management business entities of private aids to navigation relocate or remove the relevant private aids to navigation or take other necessary measures for a specified period. |
| (2) | The Minister of Oceans and Fisheries may, if necessary for the safety of marine traffic and public interests, directly manage private aids to navigation or expropriate the relevant private aids to navigation, as prescribed by Presidential Decree. |
SECTION 3 Protection of Aids to Navigation
| Article 30 (Prohibition on Damaging Aids to Navigation) |
No person shall damage aids to navigation.
| Article 31 (Restrictions on Lights) |
| (1) | No person shall use lights or sound, etc. that is likely to be mistaken as an aid to navigation. <Amended on Mar. 24, 2020> |
| (2) | The Minister of Oceans and Fisheries may have persons who conduct or intend to conduct any act prescribed in paragraph (1) suspend the use thereof or take other necessary measures to prevent said act from being mistaken as an aid to navigation. |
[Title Amended on Mar. 24, 2020]
| Article 32 (Restrictions on Construction) |
| (1) | A person who intends to embark on the construction of buildings, salvage of sunken objects, establishment of lighting or sound facilities, or other construction works or operations which are likely to impede the functioning of aids to navigation shall take necessary measures to prevent such impediment. <Amended on Mar. 24, 2020> |
| (2) | Where a person who intends to embark on construction works or operations prescribed in paragraph (1) fails to take measures necessary to prevent the malfunctioning of aids to navigation, the Minister of Oceans and Fisheries may order such person to suspend the construction works or operations. |
| Article 33 (Restrictions on Establishment of Structures) |
| (1) | No person shall establish or plant structures, plants, or other facilities (hereinafter referred to as "structures, etc.") near aids to navigation, which cause or are likely to cause the malfunctioning of the aids to navigation. |
| (2) | With regard to structures, etc. established or planted in violation of paragraph (1), the Minister of Oceans and Fisheries may order the persons who have a reasonable title to the structures, etc., such as ownership to remove, or relocate and establish only the parts impeding the functioning of aids to navigation or to take other necessary measures. |
| (3) | Where existing structures, etc. impede or are likely to impede the functioning of a newly established aid to navigation, the Minister of Oceans and Fisheries may order the persons who have a reasonable title to the structures, etc., such as ownership to remove, or relocate and establish the parts causing such impediment, or to take other necessary measures. |
| Article 34 (Restrictions on Vessels) |
| (1) | No person shall navigate a vessel (including barges, rafts, wing-in-ground effect vessels, water leisure crafts prescribed in subparagraph 3 of Article 2 of the Water-Related Leisure Activities Safety Act, and other man-made structures similar to vessels; hereafter the same shall apply in this Article) close to an aid to navigation to the extent likely to cause damage to the aid to navigation. <Amended on Mar. 24, 2020> |
| (2) | No person shall moor a vessel to an aid to navigation: Provided, That the same shall not apply to aids to navigation established for the purpose of mooring vessels. |
| (3) | No person shall anchor or stop a vessel at a place where the vessel is likely to impede the functioning of an aid to navigation or touch an aid to navigation. |
| (4) | When a vessel damages an aid to navigation during navigation, the captain of the vessel shall file a report on the place and details of damage, and measures taken with the Minister of Oceans and Fisheries or the heads of the institutions under the Minister's jurisdiction, or the chief of a coast guard station without delay, as prescribed by Presidential Decree. |
| Article 35 (Protection of Aids to Navigation) |
No person shall conduct the following acts that impede the functioning of aids to navigation without good cause:
| 1. | Going up or accessing an aid to navigation; |
| 2. | Catching, gathering, or cultivating marine animals and plants at an aid to navigation; |
| 3. | Gathering soil, stone, gravel, or sand at a place likely to affect the functioning of an aid to navigation; |
| 4. | Scribbling on an aid to navigation; |
| 5. | Throwing an object at an aid to navigation; |
| 6. | Dumping soil, stone, gravel, sand, garbage, or other wastes at an aid to navigation; |
| 7. | Other acts prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are likely to impede the functioning of aids to navigation. |
| Article 36 (Obligation to Restore to Original State) |
| (1) | A person who damages aids to navigation (excluding private aids to navigation, but including private aids to navigation the Minister of Oceans and Fisheries installs and manages pursuant to Article 14 (3) and (4) and private aids to navigation the Minister of Oceans and Fisheries directly manages or expropriates pursuant to Article 29 (2); hereafter the same shall apply in this paragraph) or facilities attached to aids to navigation shall restore them to their original state at his or her own expense. |
| (2) | When a person who is obliged to restore to the original state pursuant to paragraph (1) fails to perform such obligation without good cause, the Minister of Oceans and Fisheries shall order such person to restore to the original state by a specified deadline. |
| (3) | Where a person who is subject to an order for restoration to the original state prescribed in paragraph (2) fails to comply with the order, the Minister of Oceans and Fisheries may conduct the vicarious execution in accordance with the Administrative Vicarious Execution Act. |
| (4) | Matters such as the period, method, etc. of restoration to the original state prescribed in paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
CHAPTER IV DEVELOPMENT AND INSPECTION OF AIDS TO NAVIGATION EQUIPMENT AND SUPPLIES
| Article 37 (Development of Aids to Navigation Equipment and Supplies) |
| (1) | In order to improve the functions of aids to navigation and promote the benefit of users, the Minister of Oceans and Fisheries may develop aids to navigation equipment and supplies by applying new technologies thereto. |
| (2) | In order to standardize the functions and specifications of aids to navigation equipment and supplies, the Minister of Oceans and Fisheries may determine standards therefor. |
| (3) | The Minister of Oceans and Fisheries may encourage the use of aids to navigation equipment and supplies which are deemed to be outstanding in quality. |
| (4) | Matters necessary for the development, etc. of aids to navigation equipment and supplies under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 38 (Inspection of Aids to Navigation Equipment and Supplies) |
| (1) | The Minister of Oceans and Fisheries shall conduct inspections before use, periodic inspection, or inspection for change with regard to aids to navigation equipment and supplies prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | No person shall use aids to navigation equipment and supplies that fail to pass inspections prescribed in paragraph (1). |
| (3) | Matters such as aids to navigation equipment and supplies subject to inspections prescribed in paragraph (1), and the items of, standards and procedures for, term of validity, etc. of inspections shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 39 (Agency for Inspection Affairs) |
| (1) | The Minister of Oceans and Fisheries may have an inspection agency designated in accordance with the standards and procedures prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as "inspection agency") conduct inspections of the performance of aids to navigation equipment and supplies prescribed in Article 38 (1) (hereinafter referred to as "inspection of equipment and supplies"). |
| (2) | Notwithstanding Articles 32 and 47 of the State Property Act, the State may, if necessary for an inspection agency to conduct inspections of equipment and supplies on its behalf, allow such agency to use facilities for the testing, inspection, etc. of aids to navigation or lease such facilities to such agency without compensation. |
| (3) | Where an inspection agency intends to suspend or close the agency business of inspecting equipment and supplies, it shall file a report thereon with the Minister of Oceans and Fisheries not later than 30 days from the date it intends to suspend or close the agency business, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | In order to confirm whether an inspection agency is operated in compliance with the designation standards prescribed in paragraph (1), the Minister of Oceans and Fisheries may have them submit necessary materials, and have the relevant public officials enter the offices of the inspection agency or places at which equipment and supplies are inspected to investigate or inspect the current status of management, etc. |
| (5) | A relevant public official who makes an entry pursuant to paragraph (4) shall carry identification verifying his or her authority and present it to relevant persons. |
| (6) | Where the Minister of Oceans and Fisheries intends to enter offices, etc. to investigate the current status, etc. of management or to inspect business papers and other documents pursuant to paragraph (4), he or she shall notify the inspection agency of the purpose, date, period, etc. of the entry in writing not later than seven days before the investigation or inspection: Provided, That the same shall not apply to cases where urgency is required or advance notice is deemed to make it impossible to attain the purpose of the investigation or inspection due to destruction of evidence, etc. |
| (7) | Matters necessary for guiding and supervising an inspection agency other than those provided in paragraphs (4) through (6) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 40 (Revocation of Designation of Inspection Agency) |
Where an inspection agency falls under any of the following cases, the Minister of Oceans and Fisheries may revoke its designation or order the suspension of its duty to conduct inspection agency affairs for a period not exceeding six months: Provided, That in cases falling under subparagraph 1, he or she must revoke the designation:
| 1. | Obtaining designation as an inspection agency by fraud or other improper means; |
| 2. | Failing to comply with the designation standards for an inspection agency prescribed in Article 39 (1); |
| 3. | Failing to submit materials, submitting false materials, or refusing, obstructing, and evading the entry of relevant public officials, which are prescribed in Article 39 (4); |
| 4. | Refusing to conduct or avoiding conducting inspection agency affairs regarding equipment and supplies without good cause; |
| 5. | Conducing inspection agency affairs regarding equipment and supplies unfaithfully by intent or gross negligence. |
CHAPTER V ESTABLISHMENT AND OPERATION OF KOREA INSTITUTE OF AIDS TO NAVIGATION
| Article 41 (Establishment of Korea Institute of Aids to Navigation) |
| (1) | For technology development for aids to navigation and efficient management of facilities related to aids to navigation, the Korea Institute of Aids to Navigation (hereinafter referred to as "K-AtoN") shall be established. |
| (2) | K-AtoN shall be a corporation. |
| (3) | K-AtoN shall be established at the time it registers such establishment at the location of its main office. |
| (4) | K-AtoN shall engage in the following business activities: |
| 1. | Survey, research, and public relations on aids to navigation; |
| 2. | Support for international cooperation related to aids to navigation, such as cooperation with the International Association of Marine Aids to Navigation and Lighthouse Authorities; |
| 3. | Collection, analysis, and provision of information related to aids to navigation from international organizations; |
| 4. | Research and development, and testing and inspection of aids to navigation equipment and supplies; |
| 5. | Support for the training and education, and management of professional human resources in the area of aids to navigation (hereinafter referred to as "professional human resources for aids to navigation"); |
| 6. | Support for cooperative development with foreign nations regarding aids to navigation; |
| 7. | Manufacture and repair of buoys established and managed by the Minister of Oceans and Fisheries; |
| 8. | Business activities provided in this Act, which are entrusted by the Minister of Oceans and Fisheries; |
| 9. | Other business activities prescribed by the articles of association of K-AtoN. |
| (5) | The Minister of Oceans and Fisheries may provide subsidies to fully or partially cover the costs necessary to conduct the duties prescribed in paragraph (4) within the budget. |
| (6) | The articles of association of K-AtoN shall contain the following: <Amended on Jan. 15, 2019> |
| 3. | The location of its main office; |
| 4. | Matters regarding its assets; |
| 5. | Matters regarding its executive officers and employees; |
| 6. | The operation of its board of directors; |
| 7. | The scope, details, and execution of its business; |
| 9. | The methods for making public announcements; |
| 10. | The amendment of the articles of association; |
| 11. | Matters regarding its organization, including research institutes; |
| 12. | Other important matters regarding the operation of K-AtoN. |
| (7) | Where any matter prescribed in the articles of association of K-AtoN is to be amended, it shall be authorized by the Minister of Oceans and Fisheries. <Newly Inserted on Jan. 15, 2019> |
| Article 42 (Guidance and Supervision of K-AtoN) |
The Minister of Oceans and Fisheries may, if necessary, have K-AtoN report matters regarding its duties or submit materials and have the public officials under his or her jurisdiction inspect the duties thereof.
| Article 43 (Using State Property without Compensation) |
| (1) | Notwithstanding the State Property Act and the Commodity Management Act, the State may, if necessary for the operation of K-AtoN, allow the use or lease state property without compensation or lease commodities without compensation. |
| (2) | Matters such as the details and conditions of, or procedures for permission for use or lease prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 44 (Preservation and Management of Aids to Navigation) |
| (1) | The Minister of Oceans and Fisheries shall preserve and manage aids to navigation, facilities attached to aids to navigation, and other equipment which have a historical value. |
| (2) | The Minister of Oceans and Fisheries may establish and operate a lighthouse museum and marine cultural space which are related to aids to navigation to educate the public about the historical and cultural transition of aids to navigation in terms of their roles, importance, etc. to the people. |
| (3) | Matters necessary for the methods of preserving and managing aids to navigation, etc. and the establishment and operation of a lighthouse museum and marine cultural space related to aids to navigation, which are prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 45 (Promotion of International Exchange and Cooperation) |
| (1) | For the security of international reliability of and technology development on navigation, the Minister of Oceans and Fisheries may take measures necessary for promoting international exchange and cooperation with relevant international organizations, and the governments, organizations, etc. of other nations by means of the exchange of information, joint survey and research, the provision of opportunities for education and training related to aids to navigation, and the like. |
| (2) | Where the Minister of Oceans and Fisheries intends to newly establish and manage aids to navigation or change the current status of aids to navigation, he or she shall comply with the internationally recognized specifications and standards. |
| Article 46 (Training and Management of Professional Human Resources for Aids to Navigation) |
| (1) | The Minister of Oceans and Fisheries may formulate and promote policies for the training and management of professional human resources for aids to navigation. |
| (2) | Policies the Minister of Oceans and Fisheries formulates pursuant to paragraph (1) shall include the following matters: |
| 1. | Matters regarding nurturing and the training, and the education and training of professional human resources for aids to navigation; |
| 2. | Matters regarding the development, dissemination, etc. of educational programs for professional human resources for aids to navigation; |
| 3. | Matters regarding the career management of professional human resources for aids to navigation; |
| 4. | Other matters necessary for the training and management of professional human resources for aids to navigation. |
| (3) | The Minister of Oceans and Fisheries may, if necessary for the training and management of professional human resources for aids to navigation, designate schools prescribed in Article 2 of the Higher Education Act, research institutes, institutions, organizations, etc. established for research, activities, etc. related to aids to navigation in compliance with the designation standards prescribed by Presidential Decree as a professional human resources training institution for aids to navigation and have such institutions provide necessary education and training. |
| (4) | The Minister of Oceans and Fisheries may provide subsidies to fully or partially cover the costs necessary for education and training prescribed in paragraph (3) within the budget. |
| (5) | Where a professional human resources training institution for aids to navigation designated pursuant to paragraph (3) falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the designation: Provided, That in cases falling under subparagraph 1, he or she must revoke the designation: |
| 1. | Obtaining designation as a professional human resources training institution for aids to navigation by fraud or other improper means; |
| 2. | Failing to meet the designation standards prescribed in paragraph (3); |
| 3. | Refusing to perform or avoid performing the duty to provide education and training for professional human resources for aids to navigation without good cause; |
| 4. | Performing the duty to provide education and training for professional human resources for aids to navigation unfaithfully by intent or gross negligence. |
| (6) | Matters necessary for the formulation of policies for the training and management of professional human resources for aids to navigation, and the designation, revocation of designation, etc. of a professional human resources training institution for aids to navigation, which are prescribed in paragraphs (1) through (5) shall be prescribed by Presidential Decree. |
| Article 47 (Compensation for Loss) |
| (1) | The Minister of Oceans and Fisheries shall compensate for loss caused pursuant to Article 29 or 33 (3). |
| (2) | Compensation prescribed in paragraph (1) shall be made by the following standards: <Amended on Mar. 24, 2020> |
| 1. | In cases falling under Article 29 (1): Costs ordinarily spent on relocating and removing relevant private aids to navigation and taking other necessary measures therefor: Provided, That in the case of removing a private aid to navigation, the amount including an amount equivalent to the residual value of the relevant private aid to navigation; |
| 2. | In the case of expropriating a private aid to navigation pursuant to Article 29 (2): the amount remaining after deducting the amount equivalent to the depreciated portion of the relevant aid to navigation from the cost ordinarily spent on establishing the relevant aid to navigation; |
| 3. | In cases falling under Article 33 (3): Costs ordinarily spent on removing, or relocating and establishing structures, etc. which impede or are likely to impede aids to navigation or taking other necessary measures therefor and the amount equivalent to the loss of the relevant structures, etc. calculated based on the market prices. |
| (3) | A person who intends to be compensated pursuant to paragraph (1) shall submit an application stating the amount of compensation he or she seeks and others to the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. |
| (4) | Where the Minister of Oceans and Fisheries receives an application prescribed in paragraph (3), he or she shall determine the amount of compensation without delay. In such cases, the Minister of Oceans and Fisheries shall give the applicant written notice stating the date and place in advance, as prescribed by Presidential Decree and shall listen to his or her statement. |
| (5) | A person who objects to a determination prescribed in paragraph (4) may apply for adjudication to the competent Land Tribunal, as prescribed by Presidential Decree. |
| (6) | Except as provided in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to compensation for loss prescribed in paragraphs (1) through (4). |
| Article 48 (Payment of Light Dues) |
| (1) | Every vessel which enters trade ports prescribed in subparagraph 2 of Article 2 of the Harbor Act shall pay light dues: Provided, That all or part of the light dues may be exempt for vessels prescribed by Presidential Decree, such as vessels owned by the State or local governments or vessels stopping at ports to avoid disasters at sea. |
| (2) | Matters regarding amounts of light dues to be imposed, methods and procedures, etc. for collecting light dues shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (1) | A person who intends to request an inspection of equipment and supplies pursuant to Article 38 shall pay fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where an inspection agency conducts inspection on equipment and supplies pursuant to Article 39, he or she shall pay a fee the inspection agency determines to the inspection agency with approval from the Minister of Oceans and Fisheries. |
| (2) | Where the Minister of Oceans and Fisheries approves fees pursuant to the proviso of paragraph (1), he or she shall give public notice of such fact in the Official Gazette, and the inspection agency shall make public the details of the fees approved and a detailed statement of the method of calculation of actual costs on its website. |
Where the Minister of Oceans and Fisheries intends to impose any of the following dispositions, he or she shall hold hearings:
| 1. | Revocation of registration or suspension of outsourced management business prescribed in Article 26; |
| 2. | Revocation of designation of an inspection agency or suspension of its duty to conduct inspection agency affairs prescribed in Article 40; |
| 3. | Revocation of designation of a professional human resources training institution for aids to navigation prescribed in Article 46 (5). |
| Article 51 (Delegation or Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Oceans and Fisheries under this Act may be delegated to the heads of affiliated organizations, as prescribed by Presidential Decree. |
| (2) | Part of the duties of the Minister of Oceans and Fisheries under this Act may be entrusted to K-AtoN, as prescribed by Presidential Decree. |
| Article 52 (Legal Fiction of Public Officials for Purposes of Applying Penalty Provisions) |
CHAPTER VII PENALTY PROVISIONS
| Article 53 (Penalty Provisions) |
The following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
| 1. | A person who establishes aids to navigation without obtaining permission in violation of Article 9 (6); |
| 2. | A person who fails to establish aids to navigation when conducting construction works or establishing man-made structures or who installs aids to navigation without obtaining permission in violation of Article 13 (1); |
| 3. | A person who fails to perform the duty to establish a wreck marking in violation of Article 14 (1); |
| 4. | A person who conducts outsourced management business without filing for registration thereof in violation of the former part of Article 23 (1); |
| 5. | A person who causes damage to aids to navigation and fails to report such damage in violation of Article 34 (4). |
| Article 54 (Penalty Provisions) |
The following persons shall be punished by a fine not exceeding five million won:
| 1. | A person who fails to follow an order to take measures, in violation of the former part of Article 14 (2); |
| 2. | A person who fails to employ a staff member managing private aids to navigation, to have equipment, or facilities in place, all of which are necessary for managing aids to navigation, in violation of the main clause, with the exception of the subparagraphs, of Article 18 (1); |
| 3. | A person who fails to comply with an order prescribed in Article 18 (4); |
| 4. | A person who changes the current status of private aids to navigation without obtaining permission, in violation of Article 19 (1); |
| 5. | A person who discontinues private aids to navigation without filing a report, in violation of Article 19 (2); |
| 6. | A person who changes matters registered without filing a registration for revision or files a false registration for revision, in violation of the latter part of Article 23 (1); |
| 7. | A person who accepts and conducts newly outsourced management of private aids to navigation during the period of suspension of business, in violation of an order to suspend business prescribed in Article 26 (1); |
| 8. | A person who fails to comply with an order prescribed in Article 29 (1). |
| Article 55 (Administrative Fines) |
| (1) | The following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who fails to file a report on the establishment of a wreck marking, in violation of Article 14 (1); |
| 2. | A person who fails to file a report, in violation of Article 18 (1) or (2); |
| 3. | A person who fails to obtain confirmation of completion of establishment, in violation of Article 20; |
| 4. | A person who fails to comply with requests of the Minister of Oceans and Fisheries to take corrective measures unless there is a compelling reason not to do so, or who fails to inform the Minister of Oceans and Fisheries of the details of measures taken within 15 days from the date of receiving the request to take corrective measures, in violation of Article 22 (2); |
| 5. | A person who fails to file a report on succession to rights and obligations, in violation of Article 24 (3); |
| 6. | A person who fails to inform the owners of private aids to navigation of the fact of revocation of registration or suspension of business, in violation of Article 26 (2); |
| 7. | A person who refuses an order to submit materials or to file reports, or obstructs or refuses entry, investigations or inspections, which are prescribed in Article 28 (1); |
| 8. | A person who fails to comply with an order prescribed in Articles 31 (2), 32 (2), and 33 (2) or (3); |
| 9. | A person who moors, anchors, or stops a vessel, in violation of Article 34 (2) or (3); |
| 10. | A person who conducts acts which fall under any subparagraph of Article 35; |
| 11. | A person who refuses, obstructs, or evades inspections before use, periodic inspections, or inspections for change which are prescribed in Article 38 (1); |
| 12. | A person who uses aid to navigation equipment and supplies which fail to pass the inspection of equipment and supplies, in violation of Article 38 (2); |
| 13. | A person who fails to file a report on the suspension of business or closure of business, in violation of Article 39 (3). |
| (2) | The Minister of Oceans and Fisheries shall impose and collect administrative fines prescribed in paragraph (1), as prescribed by Presidential Decree. |
ADDENDA <Act No. 15009, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Management of Staff Members Managing Private Aids to Navigation)
The amended provisions of Article 22 (2) shall begin to apply to cases where the Minister of Oceans and Fisheries requests the owners or outsourced management business entities of private aids to navigation to take corrective measures after this Act enters into force. Article 3 (General Transitional Measures)
Dispositions or other acts which have been imposed or conducted, or various requests or other acts which have been filed or conducted toward administrative agencies pursuant to the provisions of the previous Aids to Navigation Act as at the time this Act enters into force shall be deemed to be acts of administrative agencies or acts toward administrative agencies prescribed by this Act in correspondence thereto. Article 4 (Transitional Measures concerning Master Plans for Development of Aids to Navigation)
Master plans for the development of aids to navigation or action plans for the development of aids to navigation which have been formulated pursuant to the previous Article 3 as at the time this Act enters into force shall be deemed to be master plans for aids to navigation formulated pursuant to the amended provisions of Article 6 or action plans for aids to navigation formulated pursuant to the amended provisions of Article 8. Article 5 (Transitional Measures concerning Aids to Navigation)
| (1) | The Differential Global Navigation Satellite System deemed established by the Minister of Oceans and Fisheries pursuant to Article 4 of the Addenda to the Aids to Navigation Act (Act No. 8627) as at the time this Act enters into force shall be deemed to be established and operated pursuant to the amended provisions of Article 10. |
| (2) | Special signal marks deemed to be established by the Minister of Oceans and Fisheries pursuant to Article 5 of the Addenda to the Aids to Navigation Act (Act No. 8627) as at the time this Act enters into force shall be deemed to be established and operated pursuant to the amended provisions of Article 11. |
Article 6 (Transitional Measures concerning Reporting of Owners of Private Aids to Navigation)
Any person with a staff member managing aids to navigation and facilities necessary to manage private aids to navigation in place pursuant to the previous Article 13 (1) before this Act enters into force, and who submitted documents that can prove such fact, shall be deemed to file a report thereon pursuant to the amended provisions of the main clause, with the exception of the subparagraphs, Article 18 (1). Article 7 (Transitional Measures concerning Incompetents)
Persons under adult guardianship and persons under limited guardianship which are prescribed in the amended provisions of subparagraph 2 of Article 21 and Article 23 (2) 2 shall be deemed to include persons for whom the effect of the sentence of incompetency or quasi-incompetency is maintained pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429). Article 8 (Transitional Measures concerning Revocation of Registration of Outsourced Management Business)
| (1) | Notwithstanding the amended provisions of Article 26, administrative dispositions for offenses committed before this Act enters into force shall be governed by the previous Article 18. |
| (2) | Notwithstanding the amended provisions of Article 26 (2), outsourced management business entities who were subject to a disposition of revocation of registration or suspension of business before this Act enters into force shall be governed by the previous Article 18 (2). |
Article 9 (Transitional Measures concerning Inspection Agency)
| (1) | An inspection agency which has been designated pursuant to the previous Article 32 before this Act enters into force shall be deemed to be designated as an inspection agency pursuant to the amended provisions of Article 39 until the validity of the designation expires. |
| (2) | Fees which have been approved by the Minister of Oceans and Fisheries pursuant to the previous Article 33 before this Act enters into force shall be deemed to be approved pursuant to the amended provisions of the proviso of Article 49 (1). |
Article 10 (Transitional Measures concerning Korea Association of Aids to Navigation)
| (1) | The Korea Association of Aids to Navigation which has been established pursuant to the previous Article 39 as at the time this Act enters into force (hereinafter referred to as "KAAN") shall complete the registration of establishment of K-AtoN pursuant to the amended provision of Article 41 (3) by preparing the articles of association and obtaining approval form the Minister of Oceans and Fisheries therefor within three months after this Act enters into force. In such cases, notwithstanding the provisions pertaining to the dissolution and liquidation of corporations under the Civil Act, KAAN shall be deemed to be dissolved as at the time when K-AtoN completes the registration of establishment. |
| (2) | All the duties, rights, obligations, and property of KAAN shall be succeeded to by K-AtoN universally when the registration of establishment prescribed in paragraph (1) is completed. In such cases, the value of the property to be succeeded shall be the book value of the date preceding the date it is succeeded. |
| (3) | The name of KAAN which has been mentioned in registers or other official books as at the time the registration of establishment prescribed in paragraph (1) is completed shall be deemed to be the name of K-AtoN. |
| (4) | Acts conducted by KAAN or acts conducted toward KAAN shall be deemed acts conducted by K-AtoN or acts conducted toward K-AtoN, respectively, when the registration of establishment prescribed in paragraph (1) is completed. |
| (5) | The executive officers and employees of KAAN as at the time when the registration of establishment of K-AtoN prescribed in paragraph (1) is filed shall be deemed the executive officers and employees of K-AtoN. In such cases, the term of office of the executive officers and employees shall be the remaining term of office prescribed in the articles of association of the previous KAAN. |
Article 11 (Transitional Measures concerning Objections to Determination on Compensation for Loss)
Article 6 of the Addenda to the Aids to Navigation Act (Act No. 8627) shall apply to cases in which an administrative trial has been requested to protest determination on compensation for loss as at the time the Aids to Navigation Act (Act No. 8627) enters into force. Article 12 (Transitional Measures concerning Administrative Dispositions)
The previous provisions shall apply to administrative dispositions for offenses which have been committed in violation of the Aids to Navigation Act before this Act enters into force. Article 13 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions shall apply to the imposition of penalty provisions and administrative fines for acts which have been committed before this Act enters into force.
Article 14 Omitted.
Article 15 (Relationship to Other Statutes or Regulations)
Where other statutes or regulations have cited the provisions of the previous Aids to Navigation Act as at the time this Act enters into force, they shall be deemed to have cited the corresponding provisions of this Act in lieu of the previous provisions if there are provisions corresponding thereto in this Act.
ADDENDA <Act No. 16286, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Consultation on Deemed Permission)
| (1) | The amended provisions of Article 15 (4) and (5) shall begin to apply to consultations requested by the Minister of Oceans and Fisheries on deemed permission, etc. after this Act enters into force. |
| (2) | The amended provisions of Articles 18 (5) and (6), 19 (3) and (4), and 24 (5) and (6) shall begin to apply to reports on transferring a private aid to navigation to another person or discontinuing a private aid to navigation and reports on the succession to the rights and obligations of an outsourced management business entity after this Act enters into force. |
ADDENDUM <Act No. 17108, Mar. 24, 2020>
This Act shall enter into force on the date of its promulgation.