CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure the safety and order of water-related leisure activities and to promote the sound development of the water-related leisure business.
The terms used in this Act are defined as follows:
| 1. | The term "water-related leisure activities" means activities performed for hobbies, recreation, physical exercise, education, etc. using water leisure craft on the water; |
| 2. | The term "rafting" means water-related activities performed by rowing non-power-driven water leisure craft to travel down rapid streams or with the current of a valley or river; |
| 3. | The term "water leisure craft" means a boat or craft used for water-related leisure activities, which is classified as power-driven water leisure craft and non-power-driven water leisure craft; |
| 4. | The term "power-driven water leisure craft" means a water leisure craft to which a propelling engine is attached or to or from which a propelling engine can be attached or detached at any time; and which is prescribed by Presidential Decree, including a personal watercraft, a motorboat, a rubber boat, and a sailing yacht (referring to a yacht with a sail and an engine installed); |
| 5. | The term "non-power-driven water leisure craft" means a water leisure craft prescribed by Presidential Decree, other than a power-driven water leisure craft; |
| 6. | The term "water-related" means the surface of seawater and inland waters; |
| 7. | The term "surface of seawater" means the flow or surface of the sea; |
| 8. | 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. |
| Article 3 (Exclusion from Application) |
| (1) | This Act shall not apply to the following: |
| (2) | Notwithstanding paragraph (1), Articles 16 and 17 shall apply, if other statutes prescribe the operator license under Article 5 as a requirement for qualification. |
| Article 4 (Formulation of Master Plans for Water-Related Leisure Safety Management) |
| (1) | The Commissioner of the Korea Coast Guard shall formulate and implement a master plan for water-related leisure safety management (hereinafter referred to as "master plan") every five years to ensure the safety and order of water-related leisure activities, as prescribed by Presidential Decree. |
| (2) | A master plan shall include the following: |
| 1. | Matters relating to changes in domestic or overseas policy environment for water-related leisure and prospects thereof; |
| 2. | Matters relating to the objectives of medium- and long-term policies for water-related leisure and the strategies for the promotion of such policies, and other relevant matters; |
| 3. | Matters relating to the development of a water-related leisure safety management system; |
| 4. | Matters relating to public-private collaboration for water-related leisure safety management; |
| 5. | Other matters that the Commissioner of the Korea Coast Guard deems necessary for water-related leisure safety. |
| (3) | The Commissioner of the Korea Coast Guard shall notify a master plan formulated under paragraph (1) to the heads of the relevant central administrative agencies, and 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 a “Mayor/Do Governor”). |
| (4) | A Mayor/Do Governor or the chief of a coast guard station shall formulate and implement an implementation plan for water-related leisure safety management (hereinafter referred to as "implementation plan") every year, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, based on the master plan. |
| (5) | The Commissioner of the Korea Coast Guard may provide guidance and supervision necessary for the formulation and implementation of an implementation plan. |
CHAPTER II OPERATOR LICENSES
| Article 5 (Operator Licenses) |
| (1) | A person who operates a power-driven water leisure craft shall pass a license examination under Article 8 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. |
| (2) | An operator license shall be classified as follows: |
| 1. | A general operator license: A class 1 operator license and a class 2 operator license; |
| (3) | In cases of a general operator license, if a person who already acquired a class 2 operator license acquires a class 1 operator license, the class 2 operator license is no longer valid. |
| (4) | Matters necessary for the standards, procedures, and methods, etc. for operator licenses shall be prescribed by Presidential Decree. |
| Article 6 (Special Cases concerning Operator Licenses for Foreigners) |
| (1) | Where a foreigner who intends to do water-related leisure activities participates in an international competition held in the Republic of Korea and operates a water leisure craft, Article 5 (1) and Article 25 shall not apply. |
| (2) | Where a foreigner operates a water leisure craft pursuant to paragraph (1), necessary matters, including the type of a water leisure craft, the period and place of operation thereof, and the kind and size of the international competition, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 7 (Disqualification of Operator Licenses) |
| (1) | None of the following persons shall obtain an operator license: |
| 1. | A person under 14 years of age (in cases of a class 1 operator license, referring to a person under 18 years of age): Provided, That the foregoing shall not apply to persons falling under Article 9 (1) 1; |
| 3. | A person prescribed by Presidential Decree who is deemed incapable of doing water-related leisure activities, from among addicts of narcotic drugs, psychotropic substances, or cannabis (referring to narcotic drugs, psychotropic substances, or cannabis as defined in subparagraphs 2 through 4 of Article 2 of the Narcotics Control Act; hereinafter the same shall apply); |
| 4. | A person for whom one year has not elapsed from the date his or her operator license was revoked under Article 17 (1); |
| 5. | A person who operated a power-driven water leisure craft without an operator license in violation of the main clause, with the exception of the subparagraphs, of Article 25 and for whom one year (or four years for a person who has killed or injured another person and fled the scene without taking necessary measures, such as rescue) has not passed from the date such violation was committed. |
| (2) | The head of an agency prescribed by Presidential Decree, among agencies holding personal information, shall notify the Commissioner of the Korea Coast Guard of personal information related to grounds for disqualification of an operator license. |
| (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. |
| Article 8 (License Examinations) |
| (1) | A person seeking to obtain an operator license shall pass an examination administered by the Commissioner of the Korea Coast Guard (hereinafter referred to as "license examination"). |
| (2) | A license examination shall consist of a written examination and practical examination. |
| (3) | No person disqualified under Article 7 (1) as of the date the practical examination of the license examination is conducted can apply for the license examination. |
| (4) | Matters necessary for the subjects, methods, etc. of license examinations shall be prescribed by Presidential Decree. |
| Article 9 (Exemption from License Examinations) |
| (1) | The Commissioner of the Korea Coast Guard may exempt any of the following persons from all or some of the subjects of license examinations: Provided, That all subjects of license examinations (limited to a class 2 operator license and a yachting license) shall be exempted in cases falling under subparagraph 5: |
| 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 or she graduated from an academic department relating to power-driven water leisure craft prescribed by Presidential Decree at a school defined in Article 2 of the Higher Education Act (including where he or she is deemed to have an academic background equivalent thereto pursuant to statutes or regulations); |
| (b) | That he or she has completed courses of power-driven water leisure craft relating to the relevant license; |
| 4. | A person who has at least one-year experience in education and training for the use, etc. of power-driven water leisure craft at the Sea Explorers of Korea under the Act on the Support for Sea Explorers of Korea or a sports organization under subparagraph 11 of Article 2 of the National Sports Promotion Act and has received recommendation from the head of such organization; |
| 5. | 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”); |
| 6. | 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) | Matters necessary for the criteria, etc. for exemption from examinations under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | A license examination-exempt educational institution shall operate education curricula necessary for providing education on class 2 operator license and yachting license and shall meet the requirements for personnel, equipment, facilities, etc. |
| (4) | Matters necessary for the operation of educational curricula of license examination-exempt educational institutions; standards for designation in terms of personnel, equipment, and facilities, etc.; procedures for designation; and other relevant matters shall be prescribed by Presidential Decree. |
| (5) | Matters to be observed by employees of license examination-exempt educational institutions and other matters necessary for the issuance, etc. of operator license certificates for power-driven water leisure craft to the persons exempted from license examinations shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 10 (Revocation of Designation of License Examination-Exempt Educational Institutions) |
| (1) | The Commissioner of the Korea Coast Guard may revoke the designation of a license examination-exempt educational institution or suspend the business operations of such license examination-exempt educational institution for a specified period up to six months, in any of the following cases: Provided, That such designation shall be revoked in cases falling under subparagraph 1: |
| 1. | If the institution has been designated by fraud or other improper means; |
| 2. | If the institution causes the Commissioner General of the Korea Coast Guard to grant a full exemption from license examination subjects to a person who has failed to complete educational courses required under Article 9 (1) 5 by submitting to the Commissioner a false record on the educational courses completed by the person; |
| 3. | If the institution fails to provide the education curricula under Article 9 (3); |
| 4. | If the institution ceases to satisfy the standards for designation under Article 9 (4). |
| (2) | Matters necessary for the detailed standards and procedures, etc. for revoking the designation of, and suspending the business of, license examination-exempt educational institutions shall be prescribed by Presidential Decree. |
| Article 11 (Sanctions against Cheaters) |
| (1) | The Commissioner of the Korea Coast Guard may suspend or nullify a license examination with regard to a person who has cheated on the examination. |
| (2) | A person subject to a disposition to suspend or nullify the relevant examination under paragraph (1) shall not apply for a license examination for two years from the date of making such disposition. |
| Article 12 (Renewal of Operator License Certificates) |
| (1) | A operator license holder shall renew his or her operator license for power-driven water leisure craft (hereinafter referred to as "license certificate") 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 or her license certificate is unable to do so within the specified period on the grounds prescribed by Presidential Decree, such as military service, he or she may advance or postpone the renewal of the license certificate as prescribed by Presidential Decree: |
| 1. | The first renewal period of such license certificate shall not exceed six months after the date on which a period of seven years elapses from the date of issuing the license; |
| 2. | The renewal period of a license certificate other than that described in subparagraph 1 shall not exceed six months after the date on which a period of seven years elapses from the date of commencing the renewal period of the immediately previous license. |
| (2) | Where a license holder fails to renew his or her license under paragraph (1), his or her operator license is suspended on the day following the expiration of the renewal period: Provided, That if an operator license holder renews his or her license certificate after his or her operator license was suspended, the operator license becomes valid again from the date of renewal. |
| Article 13 (Water-Related Safety Education) |
| (1) | A person who seeks to obtain an operator license and an operator license holder who seeks to renew his or her license certificate shall receive water-related safety education about the following provided 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 8 and within the renewal period of the license certificate under Article 12, respectively: Provided, That the effective period of safety education before passing the first license examination shall be six months, and a person prescribed by Presidential Decree may be exempt from the safety education: |
| 1. | Statutes and regulations governing water-related safety; |
| 2. | Matters relating to the use and management of water leisure craft; |
| 3. | Other matters necessary for water-related safety. |
| (2) | The Commissioner of the Korea Coast Guard may entrust an agency or organization designated by the Commissioner of the Korea Coast Guard (hereinafter referred to as "agency entrusted with safety education") to perform all or some of affairs relating to safety education. |
| (3) | Matters necessary for standards for designation of agencies entrusted with safety education, in terms of personnel, equipment, and facilities, etc. and procedures for designation thereof shall be prescribed by Presidential Decree. |
| Article 14 (Revocation of Designation of Agencies Entrusted with Safety Education) |
| (1) | The Commissioner of the Korea Coast Guard may revoke the designation of an agency entrusted with safety education or suspend the business operations of such agency for a specified period up to six months, in any of the following cases: Provided, That such designation shall be revoked in cases falling under subparagraph 1: |
| 1. | If the agency has been designated by fraud or other improper means; |
| 2. | If the agency has issued a certificate of completion of safety education by fraud or other improper means; |
| 3. | If the agency ceases to satisfy the requirements for designation under Article 13 (3). |
| (2) | Matters necessary for detailed standards and procedures, etc. for revoking the designation of, and suspending the business of, agencies entrusted with safety education shall be prescribed by Presidential Decree. |
| Article 15 (Issuance of License Certificates) |
| (1) | The Commissioner of the Korea Coast Guard shall issue a license certificate, in any of the following cases: |
| 1. | Where a license certificate is issued to an applicant who has passed a license examination referred to in Article 8 (1); |
| 2. | Where a license certificate is renewed as prescribed in Article 12. |
| (2) | An operator license becomes valid from the time the license certificate is issued to the principal or his or her agent as prescribed in paragraph (1). |
| (3) | Where a license certificate is lost or worn out, it may be re-issued after reporting thereon to the Commissioner of the Korea Coast Guard. |
| (4) | Matters necessary for procedures, etc. for the issuance or re-issuance of license certificates under paragraphs (1) and (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 16 (Duty to Carry License Certificate) |
| (1) | A person who operates a power-driven water leisure craft shall carry his or her license certificate. |
| (2) | An operator under paragraph (1) shall present his or her license certificate when a relevant public official requests him or her to do so while operating the craft. |
| (3) | No person shall borrow or lend a license certificate from or to another or arrange such borrowing or lending. |
| Article 17 (Revocation or Suspension of Operator Licenses) |
| (1) | Where an operator license holder falls under any of the following cases, the Commissioner of the Korea Coast Guard may revoke the operator license or suspend the validity of such license for a specified period up to one year as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the operator license shall be revoked in cases falling under subparagraphs 1, 2, and 4 through 6: |
| 1. | Where the license holder has obtained his or her operator license by fraud or other improper means; |
| 2. | Where the license holder operates a power-driven water leisure craft during the period of suspension of his or her operator license; |
| 3. | Where the license holder commits a crime prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as murder or robbery, by using a power-driven water leisure craft; |
| 4. | Where the license holder becomes ineligible to obtain an operator license under Article 7 (1) 2 or 3; |
| 5. | Where the license holder has been ineligible to obtain an operator license under Article 7 (1) but has obtained the license; |
| 6. | Where the license holder refuses to take a sobriety test by a relevant public official, although he or she operates a power-driven water leisure craft while intoxicated or there exists a reasonable ground to believe that he or she is in a state of intoxication, in violation of Article 27 (1) or (2); |
| 7. | Where the license holder kills or injures any person or inflicts material damage on another person's property intentionally or by negligence while operating a craft; |
| 8. | Where the license holder lends his or her license certificate to another person for operating a craft; |
| 9. | Where the license holder operates a power-driven water leisure craft in a state that he or she might not be able to normally operate such craft due to the influence of drugs, in violation of Article 28; |
| 10. | Where the 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) | A person whose operator license was revoked or suspended as prescribed in paragraph (1) shall return his or her license certificate to the Commissioner of the Korea Coast Guard within seven days from the date such operator license was revoked or suspended. |
| Article 18 (Agent Service for 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 "examination agency") to act as his or her agent for conducting all or some of the business affairs related to license examinations. |
| (2) | Where an examination agency falls under any of the following cases, the Commissioner of the Korea Coast Guard may revoke the designation of the examination agency or may order it to suspend its business operations for a specified period not exceeding six months: Provided, That the Commissioner must revoke the designation of such examination agency in cases falling under subparagraph 1 or 2: |
| 1. | Where the agency has been designated by fraud or other improper means; |
| 2. | Where the head, management director, or an employee of the agency commits an illegal act in connection with a license examination (including where such person has ordered or ignored an illegal act); |
| 3. | Where the agency ceases to satisfy the standards for designation under paragraph (5); |
| 4. | Where any event impeding this Act or agent services involving license examinations under this Act takes place. |
| (3) | An examination agency shall report on agent services involving license examinations as described in paragraph (1) to the Commissioner of the Korea Coast Guard. |
| (4) | The Commissioner of the Korea Coast Guard shall ascertain the details regarding the agent services involving license examinations reported under paragraph (3) and may take necessary measures if he or she finds a violation of this Act or an order issued under this Act. |
| (5) | Agent services involving the duties of conducting license examinations and standards for the designation of examination agencies under paragraph (1), procedures for revocation or suspension of designation under paragraph (2), reporting under paragraph (3), supervision over examination agencies under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 19 (Education of Employees) |
| (1) | Persons who performs testing and education affairs at license examination-exempt educational institutions, agencies entrusted with safety education, and examination agencies shall receive education provided by the Commissioner of the Korea Coast Guard. |
| (2) | Matters necessary for the timing, target, methods, etc. of education under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
CHAPTER III OBLIGATION TO COMPLY WITH SAFETY REGULATIONS
| Article 20 (Wearing Safety Equipment) |
A person who does water-related leisure activities shall wear equipment necessary for the safety of human lives, such as life jackets, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
| Article 21 (Observation of Navigation Rules) |
A person who does water-related leisure activities shall observe the matters regarding the navigation methods, the speed of craft, and the navigation areas, etc. designated under Article 16 (2) of the Act on Registration and Inspection of Water Leisure Craft, as prescribed by Presidential Decree.
| Article 22 (Restriction on Water-Related Leisure Activities Due to Weather Conditions) |
No person shall do water-related leisure activities in any of the following areas: Provided, That the foregoing shall not apply to cases prescribed by Presidential Decree in consideration of the characteristics of water leisure craft using only waves or wind:
| 1. | Areas where at least a watch of a severe weather alert has been issued relating to typhoon, storm, storm surge, heavy rain, heavy snow, or strong wind; |
| 2. | Areas where fog or any other similar weather factor reduces visibility to not more than 0.5 kilometers. |
| Article 23 (Reporting on Long-Distance Water-Related Leisure Activities) |
| (1) | A person who intends to do water-related leisure activities at a place at least 10 nautical miles from 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 the foregoing shall not apply to ships which have filed a report on their arrival and departure under Article 4 of the Act on the Arrival and Departure of Ships or ships which have filed a report on their arrival at or departure from ports as prescribed in Article 15 of the Regulations on Ship Safety and Operations. |
| (2) | Notwithstanding paragraph (1), a person who intends to do water-related leisure activities with a water leisure craft which is not a power-driven water leisure craft specified in Article 3 of the Act on Registration and Inspection of Water Leisure Craft (hereinafter referred to as "power-driven water leisure craft subject to registration"), shall not do water-related leisure activities at a place 10 nautical miles or more from the port of departure: Provided, That the foregoing shall not apply to cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as accompanying a safety management ship and mobilizing a fleet. |
| Article 24 (Reporting on Accidents) |
| (1) | A person who does water-related leisure activities shall report to a relevant administrative agency, such as a coast guard agency, a police agency, or a fire agency, without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, in any of the following cases: |
| 1. | Where another person on the same water leisure craft dies or disappears or suffers a serious injury, due to an accident; |
| 2. | Where a collision, stranding, or any other accident that has an impact or is likely to have an impact on the safe navigation of the relevant water leisure craft has occurred. |
| (2) | Upon receipt of a report under paragraph (1), the head of a relevant administrative agency shall take measures necessary to save human lives and deal with such accident, etc. |
| (3) | After taking necessary measures under paragraph (2) upon receipt of a report under paragraph (1), the chief of a police station or the chief of a fire station shall notify the results of the measures to the chief of the competent coast guard station, in cases of an accident that occurs at the surface of seawater; and to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu (the head of the competent Gu means the head of the competent autonomous Gu; and in the case of the Han River under the jurisdiction of Seoul Special Metropolitan City, the competent head means the head of an agency of Seoul Special Metropolitan City which is responsible for the management of the Han River; hereinafter referred to as the "head of the Si/Gun/Gu"), in cases of an accident that occurs at the surface of inland waters. |
| Article 25 (Prohibition of Unlicensed Operation) |
No person shall, without obtaining an operator license (including where the validity of an operator license is suspended), operate a power-driven water leisure craft which is allowed to be operated with an operator license: Provided, That the foregoing shall not apply in any of the following cases:
| 1. | Where a person does water-related leisure activities under the supervision of another person with a class 1 operator license, as prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 2. | Where a person, on the same power-driven water leisure craft with another person who has an operator license, operates such craft, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 26 (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 the foregoing 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. |
| (2) | The chief of a coast guard station or the head of a Si/Gun/Gu may, if deemed necessary, adjust the time referred to in the main clause of paragraph (1) for a certain area, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | Where the chief of a coast guard station or the head of a Si/Gun/Gu has adjusted the time as prescribed in paragraph (2), he or she shall give public announcement of such fact in a place readily viewable by persons doing water-related leisure activities. |
| Article 27 (Prohibition of Operation While Intoxicated) |
| (1) | No person shall operate a power-driven water leisure craft while intoxicated (referring to the state of being under the influence of alcohol as referred to in Article 41 (5) of the Maritime Safety Act; hereinafter the same shall apply). |
| (2) | Where the following persons (hereinafter referred to as "relevant public official") have reasonable cause to believe that a person operating a power-driven water leisure craft has violated paragraph (1), they 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: |
| 2. | A Si/Gun/Gu public official who performs water-related leisure safety affairs. |
| (3) | Where a relevant public official (excluding a police official in uniform) conducts a field sobriety test on a person operating a power-driven water leisure craft pursuant to paragraph (2), he or she shall carry identification indicating his or her authority and show it to such person. |
| (4) | Where a person operating a power-driven water leisure craft has an objection to the results of a sobriety test conducted pursuant to paragraph (2), another test may be conducted by such means as blood sampling, with consent from such person. |
| Article 28 (Prohibition of Operation under Influence of Drugs) |
No person shall operate a power-driven water leisure craft in a state that he or she might not be able to normally operate such craft due to the influence of narcotic drugs, psychotropic substances, or cannabis as defined in Article 2 of the Act on the Control of Narcotics or of hallucinogenic substances referred to in Article 22 of the Chemicals Control Act or due to any other reason.
| Article 29 (Prohibition of Carrying Persons in Excess of Capacity) |
No person shall operate a water leisure craft carrying persons in excess of its capacity, as prescribed by Presidential Decree.
CHAPTER IV SAFETY MANAGEMENT
| Article 30 (Designation 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 or she may designate prohibited zones for water-related leisure activities (including prohibited zones for water-related leisure activities designated for each water leisure craft). |
| (2) | No person shall do water-related leisure activities in prohibited zones designated pursuant to paragraph (1). |
| Article 31 (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 or she may issue the following orders to a person who does water-related leisure activities or a person who intends to do water-related leisure activities: Provided, That a corrective order to a person who intends to do water-related leisure activities shall be issued only where the occurrence of an accident is clearly foreseen:
| 1. | Limitation on the number of persons on-board of a water leisure craft (including cases of being pushed or pulled by a water leisure craft; hereinafter the same shall apply) or replacement of an operator; |
| 2. | Temporary suspension of water-related leisure activities; |
| 3. | Improvement or replacement of a water leisure craft. |
| Article 32 (Temporary Stoppage and Identification Check) |
| (1) | Where a relevant public official acknowledges that a person on a water leisure craft has violated this Act or an order issued under this Act, he or she may stop the water leisure craft and check such violation or may request the person doing water-related leisure activities to present his or her license certificate or ID card. |
| (2) | Where a relevant public official stops a water leisure craft and requests the presentation of a license certificate, etc. as prescribed in paragraph (1), he or she shall carry identification indicating his or her authority and show it to the relevant person. |
| Article 33 (Cooperation of Related Administrative Agencies) |
| (1) | Where the Commissioner of the Korea Coast Guard, the commander of a regional coast guard, the chief of a coast guard station, a Mayor/Do Governor, or the head of a Si/Gun/Gu deems it necessary for safe water-related leisure activities, he or 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 request for cooperation shall comply therewith in the absence of special reasons to the contrary. |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu may, if deemed necessary for the efficient safety management of water-related leisure activities in the surface of inland waters under his or her jurisdiction, request the Commissioner of the Korea Coast Guard, the commander of the competent regional coast guard, or the chief of the competent coast guard station to dispatch relevant public officials or to take charge of the duty of safety management of water-related leisure activities in a specific zone. In such cases, the Commissioner of the Korea Coast Guard, the commander of the competent regional coast guard, or the head of the competent coast guard station who has received such request shall comply therewith in the absence of special reasons to the contrary. |
| Article 34 (Establishment of Korea Aqua-Leisure Safety Association) |
| (1) | A Korea Aqua-Leisure Safety Association (hereinafter referred to as the "Association") may be established to conduct research and development of safety management of water-related leisure activities, public relations, education and training, and other affairs entrusted by the Commissioner of the Korea Coast Guard and other administrative agencies; to promote the sound development of the water-related leisure industry; and to empower persons engaging in the water-related leisure business to better conduct safety management. |
| (2) | The Association shall be a corporation. |
| (3) | The Association shall perform the following services: |
| 1. | Research on the promotion of water-related leisure safety and the water-related leisure industry; |
| 2. | Research on the development of the operator license examination management system and the water leisure craft registration system; |
| 3. | Agent services for operator license examinations and for the registration, safety inspections, and safety examinations of water leisure craft; |
| 4. | Rescue training and water-related safety education for water-related leisure business entities and users of water leisure craft, etc.; and development of related equipment and educational materials; |
| 5. | Affairs entrusted by the State or a local government under this Act or other statutes or regulations; |
| 6. | Other services deemed necessary by the Commissioner of the Korea Coast Guard. |
| (4) | If deemed necessary, the Commissioner of the Korea Coast Guard may provide financial support to the Association, within the budget, to help it efficiently perform the services under paragraph (3). |
| (5) | Matters relating to the articles of incorporation, affairs, and supervision of the Association, eligibility of its members, etc. shall be prescribed by Presidential Decree. |
| (6) | Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association. |
| Article 35 (Operation of Water-Related Leisure Activity Safety Council) |
| (1) | In order to establish a cooperative system for efficient safety management of water-related leisure activities, a Mayor/Do Governor may organize and operate a water-related leisure activity safety council which comprises of related administrative agencies having jurisdiction over relevant areas and the representatives of related organizations, etc. |
| (2) | Matters necessary for the organization and operation of a water-related leisure activity safety council under paragraph (1) shall be prescribed by ordinance of a relevant local government, as prescribed by Presidential Decree. |
| (3) | Notwithstanding paragraph (1), the Commissioner of the Korea Coast Guard may request a Mayor/Do Governor to organize and operate a water-related leisure activity safety council for the safety management of water-related leisure activities. In such cases, the Mayor/Do Governor who has received such request shall comply therewith in the absence of special reasons to the contrary. |
| Article 36 (Establishment and Operation of Data Processing System) |
| (1) | The Commissioner of the Korea Coast Guard may establish and operate a comprehensive water-related leisure information system for the systemic safety management of water-related leisure activities. |
| (2) | The Commissioner of the Korea Coast Guard may handle the duties prescribed by this Act or the Act on Registration and Inspection of Water Leisure Craft by using the comprehensive water-related leisure information system, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
CHAPTER V WATER-RELATED LEISURE BUSINESS
| Article 37 (Registration of Water-Related Leisure Business) |
| (1) | A person who intends to engage in the business of renting water leisure craft or transporting persons doing water-related leisure activities in water leisure craft (hereinafter referred to as "water-related leisure business") shall file for registration of matters relating to permission for occupancy or use of rivers or other public waters with the persons classified as follows; in such cases, registration standards may be relaxed for a water-related leisure business entity that intends to engage in the business of renting water leisure craft, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
| 1. | Where the business area is the surface of seawater: The chief of a coast guard station having jurisdiction over the relevant area; |
| 2. | Where the business area is the surface of inland waters: The head of a Si/Gun/Gu having jurisdiction over the relevant area; |
| 3. | Where the business area is stretching over jurisdictions of two or more chiefs of coast guard stations or 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 a water leisure craft used for water-related leisure business is mainly moored. |
| (2) | If any registered matter is changed, the relevant water-related leisure business entity that has filed for registration under paragraph (1) shall file for registration of change to the registered matters, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | Upon receipt of an application for registration or for registration of change to the registered matters filed under paragraph (1) or (2), the chief of a coast guard station or the head of a Si/Gun/Gu shall consult the chiefs of other coast guard stations or the heads of other Sis/Guns/Gus having jurisdiction over the relevant business area before granting such registration. |
| (4) | Matters necessary for the registration, etc. of water-related leisure business, such as standards and procedures for registration and adjustment of business areas under paragraph (1), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 38 (Effective Period of Business Registration) |
| (1) | The effective period of registration of water-related leisure business referred to in Article 37 (1) shall be 10 years, but if it is intended to conduct such business for less than 10 years, the relevant business period shall be the effective period of registration. |
| (2) | A person who intends to continue to conduct water-related leisure business after the expiration of the effective period of registration under paragraph (1) shall renew the registration as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 39 (Grounds for Disqualification from Filing for Registration of Water-Related Leisure Business) |
None of the following persons shall file for registration of his or her water-related leisure business:
| 1. | A minor or a person under adult guardianship or under limited guardianship; |
| 2. | A person in whose case two years have not elapsed since the imprisonment with labor or heavier punishment sentenced by a court for violating this Act was completely executed or since the person was exempted from serving the sentence; |
| 3. | A person who is under suspension of the execution of the 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 the registration was revoked under Article 48 (excluding where the registration was revoked in cases falling under subparagraph 1 of this Article). |
| Article 40 (Succession to Rights and Obligations) |
Any of the following persons shall succeed to the rights and obligations of a water-related leisure business entity following the registration of water-related leisure business:
| 1. | Where a water-related leisure business entity is deceased, his or her heir; |
| 2. | Where a water-related leisure business entity transfers his or her business, the transferee; |
| 3. | Where a water-related leisure business entity which is a corporation is merged, a corporation surviving the merger or a corporation incorporated as a result of the merger. |
| Article 41 (Reporting on Temporary Closure of Business) |
| (1) | When a water-related leisure business entity intends to temporarily or permanently close the business during the registered period of business, he or she shall file a report thereon with 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. |
| (2) | Where a water-related leisure business entity intends to resume the business temporarily closed, he or she shall file a report thereon with the head 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. In such cases, the head of the coast guard station or the head of the Si/Gun/Gu shall examine the details of the report and accept the report if such details are in compliance with this Act. |
| (3) | Upon receipt of a report of the temporary or permanent closure or the resumption of the business under paragraph (1) or (2), the chief of the relevant coast guard station or the head of the relevant Si/Gun/Gu shall notify the tax office having jurisdiction over the location of the water-related leisure business, of the temporary or permanent closure or the resumption of the business. |
Where a water-related leisure business entity has determined usage fees, such as passenger fares and rental fees, he or she shall file a report thereon with 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 and shall post it on a readily visible place within the place of business. The same shall also apply to any change to reported matters.
| Article 43 (Safety Examinations) |
| (1) | In order to ensure safe water-related leisure activities, the chief of a coast guard station or the head of a Si/Gun/Gu shall authorize a relevant public official to conduct a safety examination of water leisure craft and water-related leisure facilities, such as wharves, and may disclose the result of such examination. |
| (2) | The chief of a coast guard station or the head of a Si/Gun/Gu may order repairing or reinstatement based on the results of a safety examination conducted under paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, an order to suspend the use of the relevant water leisure craft may be issued along with the aforementioned order, specifying a period necessary for such repairing or reinstatement. |
| (3) | A public official who conducts an examination as prescribed in paragraph (1) shall carry identification verifying his or her authority and show it to relevant persons. |
| (4) | Matters relating to subject matters, items, timing, procedures, and disclosure of the results of, safety examinations conducted under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 44 (Measures to Be Taken by Business Entities, Such as Safety Examinations) |
| (1) | A water-related leisure business entity and his or her employees shall take the following measures to ensure safe water-related leisure activities: |
| 1. | To examine the safety of water leisure craft and water-related leisure facilities; |
| 2. | To monitor weather and water conditions in the business area; |
| 3. | In case of an accident occurring in the business area, to take relief measures and to notify the accident to a relevant administrative agency, such as a coast guard agency, a police agency, and a fire agency; |
| 4. | To ensure users to wear safety equipment and to provide users with safety education before boarding; |
| 5. | To assign a life guard or a rafting guide to the business place or to have such staff on board; |
| 6. | To have an emergency rescue boat (referring to a power-driven water leisure craft used for patrolling the place of business of water-related leisure business and its business area and for conducting rescue operations: hereafter in this Article, the same shall apply). |
| (2) | A water-related leisure business and his or her employees shall perform none of the following acts in the business area: |
| 1. | Permitting a person below 14 years of age (limited to a person not accompanied by a guardian), an intoxicated person, or a mentally ill person to board a water leisure craft or lending a water leisure craft to such person; |
| 2. | Permitting a person to board a water leisure craft in excess of the capacity; |
| 3. | Selling or treating alcoholic beverages in water leisure craft or allowing users of water leisure craft to bring alcoholic beverages in water leisure craft; |
| 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 26; |
| 6. | Bringing dangerous goods, such as explosives and inflammables prescribed by Presidential Decree, in a water leisure craft on which a user is boarding, or transporting such goods by such craft; |
| 7. | Using a power-driven water leisure craft that has failed to undergo a safety inspection under Article 15 of Act on the Registration and Inspection of Water Leisure Craft, for business; |
| 8. | Using an emergency rescue boat for any purpose other than its intended purpose. |
| (3) | The qualifications and assignment standards for life guards and rafting guides under paragraph (1) 5, matters necessary for having emergency rescue boats under paragraph (1) 6, and other relevant matters shall be prescribed by Presidential Decree. |
| Article 45 (Matters to Be Observed by Business Entities Operating Water Leisure Craft, Not Subject to Registration) |
A water-related leisure business entity and his or her employees that operate a water leisure craft, other than a power-driven water leisure craft subject to registration, shall comply with the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries regarding the operation of, and the safety standards, etc. for, water leisure craft.
| Article 46 (Restrictions on Business Operations) |
| (1) | The chief of a coast guard station or the head of a Si/Gun/Gu may issue an order to restrict the business area or business hours or to temporarily suspend the business operations to a water-related leisure business entity, in any of the following cases: Provided, That in cases falling under subparagraphs 3 through 5, such order may be issued solely for business activities using water leisure craft prescribed by Presidential Decree, such as water leisure craft on which the user's body directly touches the surface of the water: |
| 1. | Where weather conditions and water conditions deteriorate; |
| 2. | Where an accident occurs on the surface of the water; |
| 3. | Where water is polluted due to the leakage of oil, chemical substances, etc. or the occurrence of algal blooms, red tides, etc.; |
| 4. | Where an obstacle appears, such as floating materials; |
| 5. | Where harmful organisms originate 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 specified in the subparagraphs of paragraph (1) cease to exist or are mitigated, the chief of the relevant coast guard station or the head of the relevant Si/Gun/Gu shall revoke restrictions on business areas or hours, or temporary business suspension. |
| Article 47 (Submission of Materials) |
If deemed necessary for safe water-related leisure activities, the chief of a coast guard station or the head of a Si/Gun/Gu may require a water-related leisure business entity to submit related documents or materials, as prescribed by Presidential Decree.
| Article 48 (Revocation of Registration of Water-Related Leisure Business) |
Where a water-related leisure business entity falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the registration of water-related leisure business or may order such entity to all or part of business operations for up to three months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That such registration shall be revoked in cases falling under subparagraphs 1 through 3:
| 1. | Where the business entity has filed for registration by fraud or other improper means; |
| 2. | Where the business entity falls under any of the subparagraphs of Article 39; |
| 3. | Where the business entity continues to do business after the expiration of the permission period of occupancy or use of public waters; |
| 4. | Where the business entity or his or her employee causes casualties by intention or negligence; |
| 5. | Where the business entity uses a water leisure craft which is not in compliance with Article 6, 9, 10, 13, 15, or 17 of the Act on Registration and Inspection of Water Leisure Craft, for water-related leisure business; |
| 6. | Where the business entity fails to file for registration of change to the registered matters as prescribed in Article 37 (2); |
| 7. | Where the business entity violates the provisions of Articles 42 through 46, 49 (2), or 50 or an order issued thereunder. |
| Article 49 (Subscription to Insurance) |
| (1) | The owner of a power-driven water leisure craft subject to registration shall subscribe to an insurance or mutual aid program (hereinafter referred to as “insurance, etc.”) within one month from the date of acquiring such craft, to compensate a victim (referring to a person who has the right to be paid damages where a victim is deceased) in the event of the death or injury of the victim caused by the use of the craft, as prescribed by Presidential Decree. |
| (2) | A water-related leisure business entity shall subscribe to an insurance, etc. to compensate for damages incurred to his or her employees and users, as prescribed by Presidential Decree. |
| Article 50 (Provision of Information on Subscription to Insurance) |
A water-related leisure business entity shall notify his or her employees and users of information on the subscription to an insurance, etc. under Article 49, as prescribed by Presidential Decree.
| Article 51 (Request for Information on Subscription to Insurance) |
| (1) | For investigation and management related to subscription to an insurance, etc. under Article 49, the Commissioner of the Korea Coast Guard, the commander of a regional coast guard, the chief of a coast guard station, or the head of a Si/Gun/Gu may request an insurance company or a mutual aid business entity (hereinafter referred to as “insurance company, etc.”), or an insurance association, etc. referred to in Section 1 of Chapter XI of the Insurance Business Act (hereinafter referred to as “insurance association, etc.”) to provide materials or information necessary for investigation and management related to subscription to an insurance, etc. |
| (2) | Where an insurance company, etc. is requested to provide materials or information pursuant to paragraph (1), it may provide the relevant materials or information through an insurance association, etc. |
| (3) | A person who has received request for materials and information referred to in paragraph (1) shall comply therewith, unless there is good cause. |
| Article 52 (Establishment and Operation of Computer Network for Insurance Subscription Management) |
| (1) | To efficiently perform affairs related to the management of subscription to insurance, etc., the Commissioner of the Korea Coast Guard may establish and operate a computer network for the management of subscription to an insurance, etc. (hereinafter referred to as the "Computer Network for Subscription Management") by linking the comprehensive water-related leisure information system established under Article 36 (1) and computer systems managed and operated by insurance companies, etc. or insurance associations, etc., or similar computer systems. |
| (2) | The Commissioner of the Korea Coast Guard may request an insurance company, etc. or an insurance association, etc. to provide information prescribed by Presidential Decree for the establishment and operation of the Computer Network for Subscription Management. In such cases, a person who has received such request for relevant information shall comply therewith in the absence of special circumstances. |
| (3) | Matters necessary for operating the Computer Network for Subscription Management shall be prescribed by Presidential Decree. |
[Enforcement Date: Jun. 11, 2025] Part of the amended provisions of Article 52 governing insurance companies, etc. and insurance associations, etc.
| Article 53 (Measures against Persons Who Fail to Subscribe to Mandatory Insurance) |
| (1) | Where a person who is required to subscribe to insurance, etc., falls under any of the following categories, an insurance company, etc. shall notify such fact to the Commissioner of the Korea Coast Guard, the commander of a regional coast guard, the chief of a coast guard station, or the head of a Si/Gun/Gu within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
| 1. | Where a person has entered into a contract for insurance, etc. with the insurance company, etc.; |
| 2. | Where a person has entered into a contact for insurance, etc. with the insurance company, etc. but terminates it before the contract expires; |
| 3. | Where a person who has entered into a contract for insurance, etc. with the insurance company, etc. does not renew the contract after the contract expires. |
| (2) | Upon receipt of notification under paragraph (1), the Commissioner of the Korea Coast Guard, the commander of a regional coast guard, the chief of a coast guard station, or the head of a Si/Gun/Gu shall, without delay, order a person who has been required to subscribe to a mandatory insurance, etc. but fails to do so, to subscribe to such insurance, etc. and to present a document verifying the subscription, for a specified period of at least 10 days but not more than 15 days. |
[Enforcement Date: Jun. 11, 2025] Part of the amended provisions of Article 53 governing insurance companies, etc. and insurance associations, etc.
| Article 54 (Prohibition of Imposition of Dispositions, Such as Registration, on Persons Who Fail to Subscribe to Mandatory Insurance) |
| (1) | In any of the following cases, the Commissioner of the Korea Coast Guard, the commissioner of a regional coast guard, the chief of a coast guard station, or the head of a Si/Gun/Gu shall accept an application for registration or a report only if a person required to subscribe insurance, etc. under Article 49 has subscribed to insurance, etc., after ascertaining such subscription: |
| 1. | Where the owner of a power-driven water leisure craft subject to registration files for registration of a water leisure craft for which it is required to subscribe to mandatory insurance, etc., pursuant to Articles 6 (1) and 9 of the Act on Registration and Inspection of Water Leisure Craft; |
| 2. | Where a water-related leisure business entity files for registration of his or her water-related leisure business pursuant to Article 37 or reports the resumption of such business pursuant to Article 41 (2). |
| (2) | Matters necessary for methods and procedures for ascertaining the subscription to insurance, etc. referred to in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[Enforcement Date: Jun. 11, 2025] Part of the amended provisions of Article 54 governing insurance companies, etc. and insurance associations, etc.
| Article 55 (Entrustment of Authority) |
The Commissioner of the Korea Coast Guard may entrust an insurance company, etc. or an insurance association, etc. with the affairs of establishment and operation of the Computer Network for Management of Subscription.
[Enforcement Date: Jun. 11, 2025] Part of the amended provisions of Article 55 governing insurance companies, etc. and insurance associations, etc.
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 56 (Penalty Surcharges) |
| (1) | Where the Commissioner of the Korea Coast Guard has to make a disposition to suspend business operations of a license examination-exempt educational institution, an agency entrusted with safety education, or an examination agency for the reasons classified in the following but finds that suspending its business operations would cause serious inconvenience to persons using the institution or agency or otherwise be in contrary to the public interest, the Commissioner may impose on the institution or agency a penalty surcharge not exceeding 10 million won instead of suspending its business operations: |
| 1. | A license examination-exempt educational institution: Article 10 (1) 2 through 4; |
| 2. | An agency entrusted with safety education: Article 14 (1) 2 and 3; |
| (2) | Notwithstanding paragraph (1), where a license examination-exempt educational institution, an agency entrusted with safety education, or an examination agency has been subjected to the imposition of a penalty surcharge under paragraph (1), and it commits a violation subject to the imposition of a penalty surcharge again within two years from the date of the imposition, the Commissioner of the Korea Coast Guard shall impose a disposition to suspend its business operations. |
| (3) | The types of violations subject to penalty surcharges under paragraph (1), the amount of penalty surcharges imposed based on the severity of violations, and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | Where a license examination-exempt educational institution, an agency entrusted with safety education, or an examination agency fails to pay a penalty surcharge imposed pursuant to paragraph (1) by the payment deadline, the Commissioner of the Korea Coast Guard shall collect the penalty surcharge in the same manner as delinquent national taxes. |
| (1) | Any of the following persons shall pay fees to the Commissioner of the Korea Coast Guard or the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
| 1. | A person who intends to take a license examination as prescribed in Article 8 (1); |
| 2. | A person who intends to receive safety education as prescribed in Article 13 (1); |
| 3. | A person who intends to apply for the issuance, re-issuance, or renewal of his or her license certificate as prescribed in Article 15; |
| 4. | A person who intends to file for registration of his or her water-related leisure business or file for registration of change to the registered matters pursuant to Article 37 and intends to close the business operations temporarily or permanently or resume the business operations pursuant to Article 41. |
| (2) | Fees determined by an agency entrusted with safety education or an examination agency shall be paid to the relevant agency, etc. in any of the following cases: |
| 1. | Where safety education is provided upon entrustment as prescribed in Article 13 (2); |
| 2. | Where an examination agency provides agent services involving the duties of administering license examinations, as prescribed in Article 18 (1). |
| (3) | Where an agency entrusted with safety education or an examination agency intends to determine or change fees under paragraph (2), such agency shall obtain approval therefor from the Commissioner of the Korea Coast Guard. |
| (4) | Where an agency entrusted with safety education or an examination agency has collected fees as prescribed in paragraph (2), such fees shall be appropriated as revenues of the agency entrusted with safety education or the examination agency. |
| (5) | Necessary matters relating to criteria, etc. for the refund of fees paid to take license examinations or receive safety education under paragraph (1) 1 and 2 shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (1) | If the Commissioner of the Korea Coast Guard intends to make any of the following dispositions, he or she shall hold a hearing: |
| 1. | To revoke the designation of a license examination-exempt educational institution or suspend its business operations under Article 10 (1) or to impose a penalty surcharge under Article 56 (1) 1; |
| 2. | To revoke the designation of an agency entrusted with safety education or suspend its business operations under Article 14 (1) or to impose a penalty surcharge under Article 56 (1) 2; |
| 3. | To revoke the designation of an examination agency or suspend its business operations under Article 18 (2) or to impose a penalty surcharge under Article 56 (1) 3. |
| (2) | The chief of a coast guard station or the head of a Si/Gun/Gu shall hold a hearing to revoke the registration of water-related leisure business under Article 48. |
| Article 59 (Delegation of Authority) |
Part of the authority of the Commissioner of the Korea Coast Guard under this Act may be delegated to the head of an agency under the Commissioner's jurisdiction as prescribed by Presidential Decree.
| Article 60 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
Executive officers and employees of license examination-exempt educational institutions, agencies entrusted with safety education, and examination agencies and those of insurance companies, etc. or insurance associations, etc. that perform the affairs entrusted pursuant to Article 55 shall be deemed public officials for purposes of applying penalty provisions pursuant to Articles 127 and 129 through 132 of the Criminal Act. [Enforcement Date: Jun. 11, 2025] Part of the amended provisions of Article 60 governing insurance companies, etc. and insurance associations, etc.
CHAPTER VIII PENALTY PROVISIONS
| Article 61 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
| 1. | A person who borrows or lends a license certificate or arranges such borrowing or lending, in violation of Article 16 (3); |
| 2. | A person who operates a power-driven water leisure craft without obtaining an operator license, in violation of the main clause, with the exception of the subparagraphs, of Article 25; |
| 3. | A person who operates a power-driven water leisure craft while intoxicated, in violation of Article 27 (1); |
| 4. | A person who refuses to undergo a field sobriety test by the relevant public official referred to in Article 27 (2) even though there exists a reasonable cause to believe that he or she is in a state of intoxication; |
| 5. | A person who operates a power-driven water leisure craft in a state that he or she might not be able to normally operate such watercraft due to the influence of drugs, etc. in violation of Article 28; |
| 6. | A person who operates his or her water-related leisure business without filing for registration or without filing for registration of change to the registered matters, in violation of Article 37 (1) or (2); |
| 7. | A water-related leisure business entity who has operated his or her water-related leisure business after the registration of his or her water-related leisure business was revoked or during the period of business suspension under Article 48. |
| Article 62 (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:
| 1. | A water-related leisure business entity who violates an order for repairing or reinstatement under Article 43 (2); |
| 2. | A water-related leisure business entity or his or her employee who fails to take measures necessary for safety or commits a prohibited act, in violation of Article 44; |
| 3. | A water-related leisure business entity who violates an order to restrict business areas or business hours or an order to temporarily suspend business operations under Article 46. |
| Article 63 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation described in Article 61 or 62 in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine prescribed in that Article in addition to punishing the violator accordingly: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.
| Article 64 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: |
| 1. | A person who fails to receive education in violation of Article 19 (1); |
| 2. | A person who does water-related leisure activities during the hours other than those set for water-related leisure activities under Article 26 (1) and (2); |
| 3. | A person who operates a water-related leisure craft in excess of its capacity, in violation of Article 29; |
| 4. | A person who does water-related leisure activities in a prohibited zone for water-related leisure activities, in violation of Article 30 (2); |
| 5. | A water-related leisure business entity who fails to file a report on the temporary or permanent closure or resumption of business operations, in violation of Article 41 (1) and (2); |
| 6. | A water-related leisure business entity who receives money and valuables other than usage fees reported under Article 42 or fails to post a notice of reported matters; |
| 7. | A water-related leisure business entity or his or her employee who violates the matters to be observed by each business entity, etc. operating a water leisure craft not subject to registration under Article 45; |
| 8. | A water-related leisure business entity who fails to submit documents or materials under Article 47 or submits false documents or materials; |
| 9. | A person who fails to subscribe to insurance, etc., in violation of Article 49 (2); |
| 10. | A water-related leisure business entity who fails to notify information on the subscription to an insurance, etc. or notifies false information, in violation of Article 50, without good cause; |
| 11. | An insurance company, etc. that fails to give notification, in violation of Article 53 (1). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 500,000 won: |
| 1. | A person who fails to return his or her license certificate, in violation of Article 17 (2); |
| 2. | A person who fails to wear life safety equipment, in violation of Article 20; |
| 3. | A person who fails to observe navigation rules, etc., in violation of Article 21; |
| 4. | A person who does water-related leisure activities in an area where water-related leisure activities are restricted due to weather conditions, in violation of Article 22; |
| 5. | A person fails to file a report on long-distance water-related leisure activities, in violation of Article 23 (1); |
| 6. | A person who does water-related leisure activities at a place 10 nautical miles or more from the port of departure with a water leisure craft not subject to registration, in violation of Article 23 (2); |
| 7. | A person who fails to file a report on an accident, in violation of Article 24 (1); |
| 8. | A person who fails to comply with a corrective order issued under Article 31; |
| 9. | A person who refuses to comply with an order issued under Article 32, to stop the relevant water leisure craft, or to present his or her license certificate or ID card; |
| 10. | A person who fails to subscribe to insurance, etc. in violation of Article 49 (1). |
| (3) | Administrative fines under paragraphs (1) and (2) shall, as prescribed by Presidential Decree, be imposed and collected by the Commissioner of the Korea Coast Guard, the commander of a regional coast guard, or the chief of a coast guard station in cases of the surface of seawater and by the head of a Si/Gun/Gu in cases of the surface of inland waters, respectively. |
ADDENDA <Act No. 18958, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the part of the amended provisions of Articles 52 through 55 and 60 governing insurance companies, etc. and insurance associations, etc. shall enter into force three years after the date of promulgation thereof. Article 2 (Applicability to Disqualification of Operator Licenses)
Article 3 (Applicability to Revocation or Suspension of Operator Licenses)
Article 4 (Applicability to Disqualification from Filing for Registration of Water-Related Leisure Business)
The amended provisions of Article 39 of this Act shall apply to disqualification from filing for registration of the water-related leisure business of a person who was or is subject to a penalty or whose registration is revoked due to the violation of the previous Water-Related Leisure Activities Safety Act as at the time this Act enters into force. Article 5 (Applicability to Disclosure of Results of Safety Examinations)
The disclosure of the results of safety examinations under Article 43 (1) shall begin to apply to safety examinations conducted on or after the date this Act enters into force. Article 6 (General Transitional Measures)
Dispositions imposed, procedures taken, or other acts performed under the previous provisions as at the time this Act enters into force shall be deemed to have been imposed, taken, or performed pursuant to the relevant provisions of this Act, if any.
Article 7 (Transitional Measures concerning Operator Licenses and Safety Education)
| (1) | A person who has obtained an operator license under the previous provisions as at the time this Act enters into force shall be deemed to have obtained an operator license under Article 5 of this Act until the date the validity of the relevant license expires. |
| (2) | Notwithstanding the amended provisions of Article 7 (1) 1, a person under 18 years of age has obtained a class 1 operator license under the previous provisions as at the time this Act enters into force shall be deemed to have obtained a class 1 operator license effectively under the previous provisions. |
| (3) | A person who has received safety education under the previous provisions as at the time this Act enters into force shall be deemed to have received safety education under the amended provisions of Article 13 of this Act. |
Article 8 (Transitional Measures concerning Designation of License Examination-Exempt Educational Institutions)
A license examination-exempt educational institution that has obtained designation under the previous provisions as at the time this Act enters into force shall be deemed to have obtained designation under the amended provisions of Article 9. Article 9 (Transitional Measures concerning Designation of Agencies Entrusted with Safety Examinations)
An agency entrusted with safety education that has obtained designation under the previous provisions as at the time this Act enters into force shall be deemed to have obtained designation under the amended provisions of Article 13. Article 10 (Transitional Measures concerning Designation of Examination Agencies)
An agency providing agent services involving license examinations that has obtained designation under the previous provisions as at the time this Act enters into force shall be deemed to have obtained designation under the amended provisions of Article 18. Article 11 (Transitional Measures concerning Prohibited Acts)
Unlicensed operation, water-related leisure activities at night, operation while intoxicated, operation under the influence of drugs, etc., or carrying persons in excess of the relevant capacity that is committed in violation of Articles 20 through 24 of the previous Water-Related Leisure Activities Safety Act as at the time this Act enters into force, shall be deemed a violation prescribed in the amended provisions of Articles 25 through 29. Article 12 (Transitional Measures concerning Korea Aqua-Leisure Safety Association)
The Korea Aqua-Leisure Safety Association, which was established pursuant to Article 28-2 of the previous Water-Related Leisure Activities Act as at the time this Act enters into force, shall be deemed to be the Korea Aqua-Leisure Safety Association established pursuant to Article 34 of this Act. Article 13 (Transitional Measures concerning Water-Related Leisure Activity Safety Council)
The Water-Related Leisure Activity Safety Council, which was organized pursuant to Article 29 of the previous Water-Related Leisure Activities Act as at the time this Act enters into force, shall be deemed to be the Water-Related Leisure Activity Safety Council organized pursuant to Article 35 of this Act. Article 14 (Transitional Measures concerning Registration of Water-Related Leisure Business)
Registration, etc. that has filed for by a business entity that intends to conduct water-related leisure business pursuant to the previous provisions as at the time this Act enters into force, shall be deemed filed for pursuant to the amended provisions of Article 37. Article 15 (Transitional Measures concerning Effective Period of Business Registration)
For a person who has filed for registration of his or her business pursuant to Article 39-3 of the previous Water-Related Leisure Activities Safety Act as at the time this Act enters into force, his or her business shall be deemed registered pursuant to Article 38 of this Act until the date the effective period of the relevant registration expires. Article 16 (Transitional Measures concerning Succession to Rights and Obligations)
Article 17 (Transitional Measures concerning Revocation of Registration of Water-Related Leisure Business)
Matters relating to the revocation, etc. of registration of water-related leisure business under Article 51 of the previous Water-Related Leisure Activities Safety Act as at the time this Act enters into force shall be deemed those relating to the revocation, etc. of registration of water-related leisure business under Article 48 of this Act. Article 18 (Transitional Measures concerning Applications, Reports, and Notifications)
Applications, reports, notifications, etc. filed or given under the previous Water-Related Leisure Activities Safety Act as at the time this Act enters into force shall be deemed applications, reports, notifications, etc. filed or given under this Act. Article 19 (Transitional Measures concerning Fees)
In applying provisions concerning fees, acts committed before this Act enters into force, for which fees are required to be paid shall be governed by the previous provisions.
Article 20 (Transitional Measures concerning Administrative Dispositions and Penalty Surcharges)
In applying provisions concerning administrative dispositions and penalty surcharges, violations committed before this Act enters into force shall be governed by the previous provisions.
Article 21 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
In applying penalty provisions or provisions concerning administrative fines, violations committed before this Act enters into force shall be governed by the previous provisions.
Article 22 Omitted.
Article 23 (Relationship to Other Statutes or Regulations)
A citation of the previous Water-Related Leisure Activities Safety Act or any provision thereof by other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation of this Act or relevant provision hereof, if any, in lieu of such previous Act or the provision thereof.