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FISHING VESSELS ACT

Act No. 4559, jun. 11, 1993

Amended by Act No. 5131, Dec. 30, 1995

Act No. 5153, Dec. 30, 1995

Act No. 5453, Aug. 8, 1996

Act No. 5454, Dec. 13, 1997

Act No. 5470, Dec. 17, 1997

Act No. 5921, Feb. 8, 1999

Act No. 5971, Apr. 15, 1999

Act No. 5972, Apr. 15, 1999

Act No. 6609, Jan. 14, 2002

Act No. 8221, Jan. 3, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9007, Mar. 28, 2008

Act No. 9718, May 27, 2009

Act No. 10219, Mar. 31, 2010

Act No. 10847, Jul. 14, 2011

Act No. 11690, Mar. 23, 2013

Act No. 11754, Apr. 5, 2013

Act No. 12482, Mar. 18, 2014

Act No. 12537, Mar. 24, 2014

Act No. 12844, Nov. 19, 2014

Act No. 14510, Dec. 27, 2016

Act No. 14476, Dec. 27, 2016

Act No. 14839, Jul. 26, 2017

Act No. 15008, Oct. 31, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters concerning the construction, registration, equipment, inspection, trade and investigations of, and research on, fishing vessels, thereby securing the efficient management and safety of fishing vessels, and contributing to the advancement of fish harvesting capacity and enhancing the growth of fisheries by promoting improvement in the functions of fishing vessels. <Amended by Act No. 9718, May 27, 2009; Act No. 14510, Dec. 27, 2016>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 15008, Oct. 31, 2017>
1. The term "fishing vessel" means any of the following vessels:
(a) Vessel engaged in fishing activities, transporting fish caught, or processing fishery products (hereinafter referred to as "fisheries");
(b) Vessel engaged in examinations, investigations, guidance, surveillance, or lessons concerning fisheries;
(c) Vessel built or under construction by obtaining building permission under Article 8 (1);
(d) Vessel registered as a fishing vessel under Article 13 (1);
2. The term "remodeling" means the following:
(a) Alterations of the length, width, and depth of fishing vessels (hereinafter referred to as "principal dimensions");
(b) New installation of the propelling engine of a fishing vessel or alterations of the kinds or generating capacity of the propelling engine;
(c) Alterations of the structure or equipment of fishing vessels for the sake of altering the usage purpose of fishing vessels or changing the types of fisheries:
3. The term "load line" means a load line defined in subparagraph 7 of Article 2 of the Ship Safety Act;
4. The term "stability" means stability defined in subparagraph 8 of Article 2 of the Ship Safety Act.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 3 (Equipment of Fishing Vessels)
Fishing vessels shall be fully or partially equipped with the following facilities in accordance with the criteria prescribed and publicly notified by the Minister of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013>
1. Hull;
2. Engine;
3. Drainage system;
4. Mast;
5. Steering, anchoring, equipment to raise the anchor;
6. Electric facilities;
7. Equipment for fishing operations, and loading and unloading;
8. Emergency rescue facilities and fire-fighting equipment;
9. Quarters and hygiene equipment;
10. Freezing, refrigeration, and processing facilities for marine products;
11. Navigational facilities;
12. Other facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 3-2 (Approval for and Maintenance of Vessel Stability)
(1) The owner of any of the following vessels shall obtain approval for the vessel’s stability as prescribed by Ordinance of the Ministry of Oceans and Fisheries, confirming that the fishing vessel complies with the stability criteria determined and published by the Minister of Oceans and Fisheries:
1. A fishing vessel with a length of at least 24 meters;
2. A fishing vessel prescribed in subparagraph 7 of Article 2 of the Fishing Management and Promotion Act with the maximum seating capacity of not less than 13 persons stated in the fishing vessel inspection certificate.
(2) Where the Minister of Oceans and Fisheries uses computer programs to calculate vessel stability when granting approval prescribed in paragraph (1), he/she shall comply with the methods of calculating vessel stability the Minister of Oceans and Fisheries determines and publishes.
(3) The owner of each fishing vessel approved under paragraph (1) shall maintain the vessel’s stability in compliance with the stability criteria prescribed in paragraph (1).
(4) The owner of each fishing vessel approved under paragraph (1) shall provide the vessel’s stability information to the captain of the fishing vessel.
(5) The captain of each fishing vessel in receipt of the vessel’s stability information pursuant to paragraph (4) shall keep the relevant information in the fishing vessel.
[This Article Newly Inserted by Act No. 15008, Oct. 31, 2017]
 Article 4 (Marking, etc. of Load Lines)
(1) The owner of each fishing vessel with a length of at least 24 meters shall mark a load line on his/her vessel in accordance with the criteria prescribed and publicly notified by the Minister of Oceans and Fisheries: Provided, That a load line need not be marked on a fishing vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as a fishing vessel sailing after undergoing a provisional navigation inspection under Article 21 (1) 5. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11754, Apr. 5, 2013; Act No. 15008, Oct. 31, 2017>
(2) No fishing vessel shall be loaded with people, fish, freight, etc. to the extent that the load lines referred to in paragraph (1) of the fishing vessel are submerged. <Newly Inserted by Act No. 15008, Oct. 31, 2017>
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 5 (Radio Equipment)
(1) The owner of each fishing vessel shall equip his/her fishing vessel with radio equipment under the Radio Waves Act, in accordance with the criteria prescribed and publicly notified by the Minister of Oceans and Fisheries: Provided, That fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as fishing vessels used for transporting fish, among fishing vessels with a gross tonnage of at least 300 tons, engaged on international voyages shall be equipped with radio equipment necessary for the Global Maritime Distress and Safety System in accordance with the International Convention for the Safety of Life at Sea. In such cases, radio equipment shall satisfy the performance standards and requirements specified in the Radio Waves Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11754, Apr. 5, 2013>
(2) The owner of each fishing vessel equipped with radio equipment pursuant to paragraph (1) shall operate the radio equipment for safety navigation and quick response to the occurrence of marine accidents when navigating the fishing vessel or using the fishing vessel for fishing. <Newly Inserted by Act No. 15008, Oct. 31, 2017>
(3) Notwithstanding the provisions of paragraph (1), any fishing vessel engaged on a voyage for any purpose prescribed by Ordinance of the Ministry of Oceans and Fisheries, may sail without radio equipment. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 5-2 (Automatic Identification System Equipment for Fishing Vessels)
(1) In order to ensure the safe navigation of a fishing vessel, the owner of each fishing vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries shall equip his/her fishing vessel with an automatic identification system which automatically provides information about the location of the vessel (hereinafter referred to as "AIS equipment") and operate such AIS equipment in accordance with the criteria set by the Minister of Oceans and Fisheries: Provided, That if necessary for the rapid response to marine accidents and the automatic reporting for port entry and departure, such criteria may be otherwise prescribed by the Commissioner of the Korea Coast Guard. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) If a fishing vessel is equipped with radio equipment specified in Article 5 (1) which has the same function as that of AIS equipment, the fishing vessel shall be deemed equipped with AIS equipment.
(3) If AIS equipment of a fishing vessel referred to in paragraph (1) is malfunctioning or lost, the owner or captain of the fishing vessel shall report such fact to the Commissioner of the Korea Coast Guard without delay, and then take measures for repair, re-installation, etc. for the normal functioning of AIS equipment within the deadline prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) The State or a local government may fully or partially subsidize the owner of a fishing vessel who installs AIS equipment in his/her vessel within budgetary limits.
(5) Matters necessary for methods of, procedures for, etc. reporting under paragraph (3) shall be determined by the Commissioner of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10847, Jul. 14, 2011]
 Article 6 (Application of International Conventions)
Any fishing vessel subject to international conventions shall be preferentially governed by the relevant international conventions, where the provisions of such international conventions are in conflict with those of this Act.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
CHAPTER II BUILDING OF FISHING VESSELS
 Article 7 Deleted. <by Act No. 5921, Feb. 8, 1999>
 Article 8 (Permission, etc. for Building or Remodeling Fishing Vessels)
(1) Each person, who intends to build or remodel a fishing vessel or who intends to place a contract for building or remodeling a fishing vessel, shall obtain permission (hereinafter referred to as "permission for building or remodeling") from the Minister of Oceans and Fisheries, the Mayor of the competent Special Self-Governing City, the Governor of the competent Special Self-Governing Do, or the head of the competent Si/Gun/Gu (referring to the head of the competent autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") as prescribed by Ordinance of the Ministry of Oceans and Fisheries (excluding cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as remodeling fishing vessels with a gross tonnage not exceeding two tons). The same shall also apply to any change of permitted matters. <Amended by Act No. 9007, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11754, Apr. 5, 2013>
(2) The Minister of Oceans and Fisheries or the head of a relevant Si/Gun/Gu shall grant permission referred to in paragraph (1), except in any of the following cases: <Newly Inserted by Act No. 11754, Apr. 5, 2013>
1. Where necessary to control fishing activities of the applicant to increase, protect, etc. fishery resources under the Fisheries Act;
2. Where the applicant is deemed unable to conduct licensed fishery business, permitted fishery business, or reported fishery business under the Fisheries Act, the Distant Water Fisheries Development Act, and the Inland Water Fisheries Act;
3. Where an administrative disposition taken against the applicant who violated the Fisheries Act, the Distant Water Fisheries Development Act ,and the Inland Water Fisheries Act is in effect;
4. Where any serious public interest issue impedes the effective management of fishing vessels or where it is prescribed by Ordinance of the Ministry of Oceans and Fisheries, except as otherwise expressly provided for in subparagraphs 1 through 3.
(3) The Minister of Oceans and Fisheries may prescribe a margin of error with respect to the dimensions, performance, gross tonnage, etc., of a fishing vessel permitted to be built or remodeled. In such cases, any fishing vessel built or remodeled within the margin of error shall be deemed permitted under the latter part of paragraph (1). <Amended by Act No. 9007, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013>
(4) Where the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu grants permission for building or remodeling, he/she may attach any condition, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 9007, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013>
(5) Deleted. <by Act No. 11754, Apr. 5, 2013>
 Article 9 Deleted. <by Act No. 5921, Feb. 8, 1999>
 Article 10 (Cancellation, etc. of Permission)
(1) Where a person, who is building or remodelling a fishing vessel after obtaining permission for building or remodeling the fishing vessel or after being awarded a contract to build or remodel the fishing vessel, falls under any of the following subparagraphs, the Minister of Oceans and Fisheries or the head of the relevant Si/Gun/Gu may cancel such permission: Provided, That in cases falling under subparagraph 1, such permission shall be cancelled: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11754, Apr. 5, 2013>
1. Where he/she obtains permission by deceit or other wrongful means;
2. Where he/she builds or remodels a fishing vessel, in violation of matters permitted.
(2) Where a person, who is building or remodeling a fishing vessel after obtaining permission for building or remodeling the fishing vessel or after being awarded a contract to build or remodel the fishing vessel, falls under paragraph (1) 2, the head of the competent Si/Gun/Gu may order him/her to suspend the building or remodeling of the fishing vessel or to remove the fishing vessel or fishing vessel equipment. <Newly Inserted by Act No. 11754, Apr. 5, 2013>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Articles 11 and 12 Deleted. <by Act No. 5921, Feb. 8, 1999>
CHAPTER III REGISTRATION OF FISHING VESSELS
 Article 13 (Recording and Registration of Fishing Vessels)
(1) The owner of each fishing vessel or the owner of each ship prescribed by Ordinance of the Ministry of Oceans and Fisheries shall file registration of such vessel or ship in the Fishing Vessel Register with the head of a Si/Gun/Gu having jurisdiction over the port or dock which such fishing vessel or ship mainly arrives or departs from (hereinafter referred to as "port of registry") as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, fishing vessels falling under Article 2 of the Ship Registry Act shall be registered as fishing vessels after they are registered as ships. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No fishing vessel shall be used for fishing without registration under paragraph (1).
(3) The head of a Si/Gun/Gu shall issue a certificate, etc. to a fishing vessel registered pursuant to paragraph (1) according to the following classifications:
1. Fishing vessels with a gross tonnage of at least 20 tons: Certificates of ship's nationality;
2. Fishing vessels with a gross tonnage not exceeding 20 tons (excluding non-power fishing vessels with a gross tonnage not exceeding five tons): Certificates of ship registration;
3. Non-power fishing vessel with a gross tonnage not exceeding five tons: Certificates of completion of registration.
(4) Matters necessary for the designation of a port of registry, restrictions, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 13-2 (Validity of Amendment to Ownership of Small-sized Fishing Vessels)
The acquisition and loss of the ownership for small-sized fishing vessels of less than 20 gross tons shall be effective only if registered.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 13-3 (Registration of Seizure)
Where the head of a Si/Gun/Gu receives a request for the registration of seizure from the court under the Civil Execution Act or from the relevant administrative agency under the National Tax Collection Act or the Local Tax Collection Act, he/she shall record seizure registration in the original register of the relevant small-sized fishing vessel as prescribed by Presidential Decree and notify the owner of the vessel thereof. <Amended by Act No. 10219, Mar. 31, 2010; Act No. 14476, Dec. 27, 2016>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 14 (Measurement, etc. of Gross Tonnage of Fishing Vessels)
(1) The owner of each fishing vessel, who intends to file registration under Article 13 (1), shall submit an application for the measurement of the gross tonnage of the fishing vessel to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the gross tonnage of a fishing vessel is changed due to repair or remodeling, the owner of the fishing vessel shall submit an application for the re-measurement of the gross tonnage thereof to the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The owner of each fishing vessel, who intends to use a fishing vessel acquired from a foreign country for sailing or fishing in a foreign country, may submit an application for the measurement or re-measurement of the gross tonnage thereof to a Korea's consul of the foreign country.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 15 (Certificates of Ship's Nationality, etc. Available upon Request)
The owner of each fishing vessel, who intends to use his/her vessel for voyages or for fishing operations, shall make the certificate of ship's nationality, certificate of ship registration, or certificate of completion of registration under each subparagraph of Article 13 (3) (hereinafter referred to as "certificate of ship's nationality, etc.") available upon request: Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as fishing vessels used for licensed fishery, permitted fishery, or reported fishery under Article 6, 9, or 11 of the Inland Water Fisheries Act. <Amended by Act No. 9718, May 27, 2009; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 16 (Marking of Vessel Name, etc. and Attachment of License Plate)
(1) The owner of each fishing vessel in receipt of a certificate of ship's nationality, etc., shall immediately mark the fishing vessel's name, port of registry, gross tonnage, draft mark, etc. (hereinafter referred to as "name, etc.") on the vessel and attach the license plate to the vessel, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for the manufacturing, attachment, etc. of a fishing vessel license plate under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(3) No owner of each fishing vessel shall use his/her fishing vessel for voyages or for fishing operations until the name, etc. under paragraph (1) is marked on the vessel and the license plate is attached to the vessel.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 17 (Change of Registered Matters)
Where any registered matter under Article 13 (1) is changed, the owner of the fishing vessel shall file an application for registration of change, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 18 (Re-issuance of Certificate of Ship's Nationality, etc.)
Where a certificate of ship's nationality, etc. is lost or destroyed, the owner of the fishing vessel shall file an application for re-issuance within 14 days, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 19 (De-Registration and Return of Certificate of Ship's Nationality, etc.)
(1) Where a fishing vessel registered under Article 13 (1) falls under any of the following cases, the owner of the fishing vessel shall file an application for de-registration within 30 days, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where a fishing vessel is used for other than its original purposes;
2. Where a fishing vessel loses the nationality of the Republic of Korea;
3. Where a fishing vessel is not used for its original purposes because it is lost, sunken, dismantled, worn-out or damaged;
4. Where a fishing vessel goes missing for at least six months.
(2) Where the owner of each fishing vessel falls under any of the following cases, the head of a Si/Gun/Gu shall issue a peremptory notice requiring him/her to apply for de-registration within a prescribed period not exceeding 30 days, and if the owner of the fishing vessel fails to apply for de-registration without just cause despite receiving the peremptory notice, the head of the relevant Si/Gun/Gu shall, upon acting ex officio, deregister such fishing vessel: <Amended by Act No. 15008, Oct. 31, 2017>
1. Where he/she files registration by deceit or other wrongful means;
2. Where he/she fails to file an application for de-registration under paragraph (1) within a prescribed period;
3. Where one year has passed since a fishery license, permission, report, etc. of the relevant fishing vessel becomes invalid: Provided, That the foregoing shall not apply in cases prescribed by Presidential Decree;
4. Where one year has passed without undergoing a fishing vessel inspection prescribed in Article 21 (1) 1, 2 and 4 (limited to cases where the Minister of Oceans and Fisheries designates a specific matter requiring a provisional inspection at the time of periodic inspection prescribed in subparagraph 1 of the same paragraph or interim inspection prescribed in subparagraph 2 of the same paragraph) without just cause.
(3) Where a fishing vessel is deregistered pursuant to paragraph (2), the owner of the fishing vessel shall immediately remove the license plate attached to the fishing vessel and return the license plate and the certificate of ship's nationality, etc. to the head of the Si/Gun/Gu having jurisdiction over its port of registry within 14 days: Provided, That where the owner of the fishing vessel cannot return the license plate and the certificate of ship's nationality, etc. due to loss, etc., he/she shall report the reasons thereof to the head of the Si/Gun/Gu having jurisdiction over its port of registry within 14 days.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 20 Deleted. <by Act No. 5921, Feb. 8, 1999>
CHAPTER IV INSPECTION, ETC. OF FISHING VESSELS
 Article 21 (Inspection of Fishing Vessels)
(1) The owner of each fishing vessel shall undergo an inspection by the Minister of Oceans and Fisheries with regard to fishing vessel equipment prescribed in Article 3, approval for and maintenance of the vessel’s stability prescribed in Article 3-2, and marking a load line prescribed in Article 4 according to the following classifications, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as non-powered fishing vessels with a gross tonnage not exceeding five tons: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11754, Apr. 5, 2013; Act No. 15008, Oct. 31, 2017>
1. Periodic inspection: A detailed inspection to be conducted when a fishing vessel is used for the first time for voyages or when the period for validity of a fishing vessel inspection certificate under Article 28 (1) expires;
2. Interim inspection: A simple inspection to be conducted between periodic inspections;
3. Special inspection: A simple inspection to be conducted when a fishing vessel is used on a temporary basis for special purposes prescribed by Ordinance of the Ministry of Oceans and Fisheries;
4. Provisional inspection: Any inspection, other than those falling under subparagraphs 1 through 3, deemed particularly necessary by the Minister of Oceans and Fisheries;
5. Provisional navigation inspection: Any inspection to be conducted when a fishing vessel is intended to be used on a temporary basis for voyages before a fishing vessel inspection certificate is issued.
(2) Radio equipment prescribed in Article 5 (1) and AIS equipment prescribed in Article 5-2 (1) shall be inspected as prescribed by the Radio Waves Act. <Amended by Act No. 15008, Oct. 31, 2017>
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 22 (Inspection of Shipbuilding, etc.)
(1) Any fishing vessel builder shall undergo shipbuilding inspections by the Minister of Oceans and Fisheries with regard to equipment referred to in subparagraphs 1, 2, 3, 5, and 6 of Article 3 and a load line referred to in Article 4 from the time when he/she embarks on building the fishing vessel: Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as wooden vessels with a length of 24 meters or below. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11754, Apr. 5, 2013>
(2) Where any part has passed a shipbuilding inspection under paragraph (1), it may be exempt from an initial periodic inspection under Article 21 (1) 1.
(3) Any person who intends to manufacture, remodel, fix, repair, or import fishing vessel supplies prescribed by Ordinance of the Ministry of Oceans and Fisheries among fishing vessel supplies required for equipment listed in any of subparagraphs of Article 3 (hereinafter referred to as "fishing vessel supplies") may undergo an inspection by the Minister of Oceans and Fisheries (hereinafter referred to as "preliminary inspection") before the determination of a fishing vessel in which such supplies are to be installed. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where fishing vessel supplies and ship's stores under Article 22 (3) of the Ship Safety Act have passed preliminary inspections, they may be exempt from an initial shipbuilding inspection provided for in paragraph (1) or an initial inspection provided for in any of subparagraphs of Article 21 (1).
(5) Matters necessary for shipbuilding inspections under paragraph (1) and preliminary inspections under paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(6) The Minister of Oceans and Fisheries may have vessels which do not undergo a shipbuilding inspection under paragraph (1), such as vessels imported from a foreign country, undergo an inspection prescribed by Ordinance of the Ministry of Oceans and Fisheries that corresponds to a shipbuilding inspection (hereinafter referred to as "special shipbuilding inspection"). In such cases, the provisions falling under paragraphs (2) through (5) shall apply mutatis mutandis to vessels which have passed a special shipbuilding inspection. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 23 (Maintenance of Conditions of Fishing Vessels after Fishing Vessel Inspection)
The owner of each fishing vessel shall neither change nor install the hull, engines, equipment, etc. of the fishing vessel without permission after undergoing a fishing vessel inspection prescribed in Article 21 or a shipbuilding inspection prescribed in Article 22 (1) (including separate shipbuilding inspections); and shall maintain the fishing vessel’s hull, engines, equipment, etc. to ensure their normal function and operation.
[This Article Newly Inserted by Act No. 15008, Oct. 31, 2017]
 Article 24 (Type Approval, Test Approval, etc.)
(1) Any person who intends to manufacture or import fishing vessel supplies prescribed and publicly notified by the Minister of Oceans and Fisheries or small-sized fishing vessels, may obtain type approval and test approval from the Minister of Oceans and Fisheries. In such cases, any person who intends to obtain type approval shall undergo a type approval test. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where a person who obtains type approval under paragraph (1) intends to change the details thereof, he/she shall obtain approval for the change thereof from the Minister of Oceans and Fisheries. In such cases, when he/she changes matters affecting the performance of the relevant fishing vessel or fishing vessel supplies, such matters shall be subject to a type approval test under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(3) The following institutions shall become testing institutions to conduct testing for type approval prescribed in the latter parts of paragraphs (1) and (2) (hereinafter referred to as "testing institution for type approval"): <Newly Inserted by Act No. 15008, Oct. 31, 2017>
1. A testing institution designated and published pursuant to Article 24-3 (1);
2. A testing institution designated and published pursuant to Article 18 (3) of the Ship Safety Act.
(4) With respect to fishing vessels or fishing vessel supplies which a person has built, manufactured, or imported after obtaining type approval under paragraph (1) and to which the Minister of Oceans and Fisheries has granted test approval, and ship's stores which have been type-approved by the Minister of Oceans and Fisheries under Article 18 (1) and (2) of the Ship Safety Act and to which a designated testing institution has granted test approval, the part that passes a test maybe exempted from an initial inspection referred to in Article 21 (1) or an inspection referred to in Article 22 (1) and (6). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15008, Oct. 31, 2017>
(5) Matters necessary for type approval, test approval, and approval for any change thereto under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15008, Oct. 31, 2017>
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 24-2 (Cancellation, etc. of Type Approval)
(1) Where a person who has obtained type approval pursuant to Article 24 (1) falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the type approval or suspend the validity thereof by fixing a period of up to six months: Provided, That in cases specified in any of subparagraphs 1 through 3, he/she shall cancel such type approval:
1. Where he/she has obtained type approval or approval for any change thereto by false or other unjust methods;
2. Where he/she underwent a test by false or unjust methods;
3. Where he/she fails to manufacture or import fishing vessel supplies or small-sized fishing vessels in compliance with the standards for fishing vessel equipment prescribed in Article 3;
4. Where he/she fails to manufacture or import the relevant fishing vessel supplies or small-sized fishing vessels for at least two consecutive years without just cause;
5. Where he/she fails to report or submit materials prescribed in Article 75 of the Ship Safety Act which applies mutatis mutandis in Article 37 (2) without just cause.
(2) Matters necessary for the procedures of cancellation, suspension of validity, etc., of type approval prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 15008, Oct. 31, 2017]
 Article 24-3 (Designation, Cancellation of Designation, etc. of Testing Institutions for Type Approval)
(1) The Minister of Oceans and Fisheries may designate and publish testing institutions meeting the designation standards prescribed by Presidential Decree as testing institutions for type approval, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where a testing institution for type approval designated under paragraph (1) falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation or suspend the validity thereof by fixing a period of up to six months: Provided, That where falling under any of subparagraphs 1 through 3, he/she shall cancel such designation:
1. Where it obtains designation by false or unjust methods;
2. Where it fails to conduct duties concerning tests for type approval;
3. Where it fails to meet the standards for designating testing institutions for type approval prescribed in paragraph (1);
4. Where it is deemed to have lost public confidence due to errors, mistakes, deletions, etc. in tests for type approval;
5. Where it refuses to conduct tests for type approval without just cause;
6. Where it conducts misdeeds in connection with tests for type approval or receives fees unfairly.
(3) Matters necessary for the procedures for cancelling the designation, suspending the validity, etc. of testing institutions for type approval under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 15008, Oct. 31, 2017]
 Article 25 (Ministry-Designated Businesses)
(1) The Minister of Oceans and Fisheries may designate businesses which build, manufacture, or maintain (including remodeling or repairing; hereinafter the same shall apply) fishing vessels or equipment referred to in Article 3, satisfying the designation standards prescribed by Ordinance of the Ministry of Oceans and Fisheries, as Ministry-designated businesses of building, manufacturing, or maintaining fishing vessels, fishing vessel equipment, or fishing vessel supplies (hereinafter referred to as "Ministry-designated businesses"). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15008, Oct. 31, 2017>
(2) Each entity which intends to be designated as a Ministry-designated business pursuant to paragraph (1), shall prepare manuals for building, manufacturing or maintaining fishing vessels, fishing vessel equipment or fishing vessel supplies, and obtain approval from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15008, Oct. 31, 2017>
(3) Where it is verified that fishing vessels, fishing vessel equipment or fishing vessel supplies are built or manufactured at a designated shipbuilding business or designated manufacturing business prescribed in paragraph (1) and in compliance with the manuals under paragraph (2) as prescribed by Ordinance of the Ministry of Oceans and Fisheries, their verified parts may be exempt from an initial inspection referred to in Article 21 (1) or an inspection referred to in Article 22 (1) and (6). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15008, Oct. 31, 2017>
(4) Where it is verified that fishing vessels, fishing vessel equipment, or fishing vessel supplies are maintained at Ministry-designated maintenance business prescribed in paragraph (1) and in compliance with the manuals under paragraph (2) as prescribed by Ordinance of the Ministry of Oceans and Fisheries, their verified parts may be exempt from a periodic inspection, interim inspection, or provisional inspection referred to in Article 21 (1) 1, 2 or 4 to be conducted within six months from the date of maintenance. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11754, Apr. 5, 2013; Act No. 15008, Oct. 31, 2017>
(5) Necessary matters concerning the designation of Ministry-designated businesses under paragraph (1) and approval of the manuals for building, manufacturing, and maintenance under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15008, Oct. 31, 2017>
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 26 (Cancellation of Designation, etc. of Ministry-Designated Businesses)
(1) Where a person who has obtained designation as a Ministry-designated business falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation or suspend the validity thereof by fixing a period of up to six months: Provided, That where he/she falls under subparagraph 1 or 2, he/she shall cancel such designation:
1. Where he/she obtains designation by false or unjust methods;
2. Where he/she fails to build, manufacture or maintain fishing vessels, fishing vessel equipment or fishing vessel supplies in compliance with the fishing vessel equipment standards prescribed in Article 3;
3. Where he/she ceases to meet the designation standards prescribed in Article 25 (1);
4. Where he/she sells fishing vessel equipments or fishing vessel supplies after their term of validity determined and published by the Minister of Oceans and Fisheries expires;
5. Where he/she fails to build, manufacture or maintain the relevant fishing vessel, fishing vessel equipment or fishing vessel supplies for at least one consecutive year without just cause;
6. Where he/she obtains verification prescribed in Article 25 (3) and (4) by false or unjust methods;
7. Where he/she fails to submit reports or materials prescribed in Article 75 of the Ship Safety Act which applies mutatis mutandis in Article 37 (2) or submits reports or materials falsely.
(2) Where designation of a Ministry-designated business is cancelled pursuant to paragraph (1), the business shall not be redesignated as a Ministry-designated business for one year from the date such designation is cancelled.
(3) Matters necessary for the procedures for cancelling designation as a Ministry-designated business or suspending the validity, etc. thereof under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 15008, Oct. 31, 2017]
 Article 26-2 (Certification, etc. of Loading and Unloading Facilities)
(1) The owner of a fishing vessel of at least 300 gross tons equipped with facilities for loading and unloading fish, freight, etc. of at least one ton shall be certified by the Minister of Oceans and Fisheries regarding the limit load, limit angle and limit radius (hereinafter referred to as "limit load, etc.") of the loading and unloading facilities.
(2) Where the Minister of Oceans and Fisheries conducts a periodic inspection prescribed in Article 21 (1) 1 or an interim inspection prescribed in subparagraph 2 of the same paragraph for a loading and unloading facility prescribed in paragraph (1), he/she shall prepare and fill out a loading and unloading facility inspection register, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The owner of a fishing vessel who has obtained certification pursuant to paragraph (1) shall not use the loading and unloading facilities in excess of the limit load, etc. certified.
(4) Matters concerning standards and procedures for certifying the limit load, etc. of loading and unloading facilities prescribed in paragraph (1), indication of matters certified, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 15008, Oct. 31, 2017]
 Article 27 (Issuance, etc. of Certificates of Inspection)
(1) The Minister of Oceans and Fisheries shall issue a certificate of inspection according to the following classifications: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15008, Oct. 31, 2017>
1. Where a fishing vessel passes a periodic inspection under Article 21 (1) 1, a fishing vessel inspection certificate (stating the type, name, maximum seating capacity, position of load lines of such fishing vessel);
1-2. Where a fishing vessel passes an interim inspection prescribed in Article 21 (1) 2 or provisional inspection prescribed in subparagraph 4 of the same paragraph, and matters stated in the fishing vessel inspection certificate are changed, a fishing vessel inspection certificate in which the matters changed are stated;
2. Where a fishing vessel passes a special inspection under Article 21 (1) 3, a special fishing vessel inspection certificate;
3. Where a fishing vessel passes a provisional navigation inspection under Article 21 (1) 5, a provisional navigation inspection certificate;
4. Where a fishing vessel passes a shipbuilding inspection under Article 22 (1), a shipbuilding inspection certificate;
5. Where a fishing vessel passes a preliminary inspection under Article 22 (3), a preliminary inspection certificate;
5-2. Where a fishing vessel passes a special shipbuilding inspection prescribed in Article 22 (6), a special shipbuilding inspection certificate;
6. Where a fishing vessel passes a test under Article 24 (1), a test approval certificate;
7. Where verified under Article 25 (3) and (4), a certificate of verification on building, manufacturing or maintenance;
8. Where the loading and unloading facilities of a fishing vessel are certified pursuant to Article 26-2 (1), a certificate of limit load, etc.
(2) Where the Minister of Oceans and Fisheries issues a certificate of inspection, test approval certificate, certificate of building, manufacturing and maintenance, and certificate of limit load, etc. under paragraph (1) 4, 5-2 or 6 through 8, he/she shall attach a pass mark or pass certificate to the relevant fishing vessel or fishing vessel supplies. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15008, Oct. 31, 2017>
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 28 (Period of Validity of Inspection Certificate)
(1) The inspection certificate of each fishing vessel shall be valid for five years.
(2) The beginning date of a period of validity under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(3) In any of the following subparagraphs, the period of validity of a fishing vessel inspection certificate under paragraph (1) may be extended by up to five months as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where the relevant fishing vessel is not present at an inspection site when the period of validity of a fishing vessel inspection certificate expires;
2. Where a new fishing vessel inspection certificate is neither immediately issued nor made available to users in the fishing vessel because such fishing vessel has passed a periodic inspection in a foreign country or due to any other unforeseen circumstance;
3. Other cases prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) Where a fishing vessel subject to an interim or provisional inspection fails to pass such inspection, an inspection certificate thereof shall become invalid until the vessel passes the relevant inspection.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 29 (Inspection Certificate, etc. Available upon Request)
The owner of each fishing vessel, who uses his/her vessel for voyages or fishing operations, shall make the inspection certificate, special inspection certificate, or provisional navigation inspection certificate available upon request in the fishing vessel: Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as fishing vessels used for licensed fishery, permitted fishery, or reported fishery under Article 6, 9 or 11 of the Inland Water Fisheries Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11754, Apr. 5, 2013>
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 30 (Application for Re-inspection)
(1) Where any person who has undergone measurement or re-measurement of the gross tonnage, inspection, testing, and verification under Articles 14, 21, 22, 24, and 25 (hereafter referred to as "inspection, etc." in this Article) is dissatisfied with the results of inspection, etc., he/she may prepare the grounds and file an application for re-inspection, etc. with the Minister of Oceans and Fisheries within 60 days from the date on which such results have been notified, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where any person who intends to undergo a re-inspection, etc. under paragraph (1) changes the relevant fishing vessel equipment, he/she shall obtain approval from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
CHAPTER V TRADE OF FISHING VESSELS, ETC.
 Article 31 (Establishment and Operation of Fishing Vessel Trade System, etc.)
(1) The Minister of Oceans and Fisheries may establish and operate a fishing vessel trade system to enhance the convenience of fishermen and transparency and efficiency in connection with the trade of fishing vessels, and fishing vessel equipment prescribed in Article 3 (including radio equipment prescribed in Article 5: hereinafter referred to as "fishing vessel equipment, etc.").
(2) The Minister of Oceans and Fisheries may provide information on the sale and purchase or lease of fishing vessels and fishing vessel equipment, etc. to persons requesting such information through the fishing vessel trade system prescribed in paragraph (1) (hereinafter referred to as "fishing vessel trade system"). In such cases, the Minister of Oceans and Fisheries shall not provide information which may infringe the privacy and freedom of owners of fishing vessels, etc., and where the information provided includes personal information prescribed in subparagraph 1 of Article 2 of the Personal Information Protection Act, he/she shall obtain the consent of the data subject prescribed in subparagraph 3 of the same Article.
(3) In order to efficiently operate the fishing vessel trade system, the Minister of Oceans and Fisheries may create and manage databases of the following information:
1. Information on the registration of fishing vessels prescribed in Article 13 (1), registration of change of fishing vessels prescribed in Article 17 and de-registration prescribed in Article 19;
2. Information on inspection of fishing vessels prescribed in Article 21;
3. Information on fishery business licenses prescribed in Article 8 of the Fisheries Act, fishery business permits prescribed in Articles 41 and 42 of the same Act, and reports on fishery business prescribed in Article 47 of the same Act;
4. Other information prescribed by Ordinance of the Ministry of Oceans and Fisheries for the efficient operation of the fishing vessel trade system.
(4) If necessary to operate the fishing vessel trade system, the Minister of Oceans and Fisheries may manage and operate the fishing vessel trade system and manage databases prescribed in paragraph (3) through electronic data processing systems, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(5) If necessary to secure transparency in the trade of fishing vessels and fishing vessel equipment, etc. and to formulate policies for fishing vessels, the Minister of Oceans and Fisheries may request a person who has registered his/her fishing vessel brokerage business pursuant to Article 31-2 to provide information on the trade of fishing vessels and fishing vessel equipment, etc. In such cases, the person in receipt of a request to provide information shall comply with such request except in extenuating circumstances.
(6) If necessary to create and manage databases prescribed in paragraph (3), the Minister of Oceans and Fisheries may request the head of a Si/Gun/Gu to provide materials.
[This Article Newly Inserted by Act No. 14510, Dec. 27, 2016]
 Article 31-2 (Registration, etc. of Fishing Vessel Brokerage Business)
Any person who intends to provide brokerage services for the sale and purchase or lease of fishing vessels and fishing vessel equipment, etc. (hereinafter referred to as "fishing vessel brokerage business") shall satisfy all of the following requirements and file registration with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall apply to any revision to the matters registered:
1. Purchasing a surety insurance bond prescribed in Article 31-9 (1);
2. Completing education on the brokerage of fishing vessels and fishing vessel equipment, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, where a person who intends to file registration of fishing vessel brokerage business is a corporation, the corporation’s representative and employees who intend to engage in fishing vessel brokerage business shall both complete the education;
3. Other matters prescribed by Presidential Decree as necessary to conduct fishing vessel brokerage business.
[This Article Newly Inserted by Act No. 14510, Dec. 27, 2016]
 Article 31-3 (Grounds for Disqualification)
None of the following persons shall file registration prescribed in Article 31-2:
1. A minor;
2. A person under adult guardianship or under limited guardianship;
3. A person declared bankrupt who has not yet been reinstated;
4. A person who is sentenced to imprisonment without prison labor or heavier punishment and for whom two years have not passed from the date the execution of the punishment is terminated (including cases where the execution of the punishment is deemed terminated) or exempted;
5. A person under the suspension of imprisonment without prison labor or heavier punishment;
6. A person for whom one year has not passed from the date his/her fishing vessel brokerage business is deregistered;
7. A corporation the representative of which falls under any of subparagraphs 1 through 5.
[This Article Newly Inserted by Act No. 14510, Dec. 27, 2016]
 Article 31-4 (De-Registration of Fishing Vessel Brokerage Business)
(1) Where a person who has registered his/her fishing vessel brokerage business (hereinafter referred to as "fishing vessel broker") falls under any of the following cases, the Minister of Oceans and Fisheries may deregister the fishing vessel brokerage business or issue an order to fully or partially suspend the operation of fishing vessel brokerage business by fixing a period of up to six months: Provided, That where the fishing vessel broker falls under subparagraph 1, 3 or 7, the Minister shall deregister the fishing vessel brokerage business:
1. Where he/she has filed registration of, or registration of change to, fishing vessel brokerage business prescribed in Article 31-2 by false or other unjust methods;
2. Where he/she fails to meet the requirements for registering fishing vessel brokerage business prescribed in Article 31-2;
3. Where he/she falls under any of subparagraphs 1 through 5, or 7 of Article 31-3: Provided, That the foregoing shall not apply where the representative of a corporation who falls under any of subparagraphs 1 through 5 of Article 31-3 is replaced by another person within one month from the date the cause thereof occurs;
4. Where he/she fails to prepare or issue trade contracts in violation of Article 31-8 (1), or keeps copies of trade contracts for less than three years or fails to keep such copies;
5. Where he/she falsely states the amount of trade and other trade details in trade contracts prescribed in Article 31-8 (1), or prepares two or more different trade contracts;
6. Where he/she evades or interferes with guidance or supervision prescribed in Article 37-2 (2);
7. Where he/she conducts business during the period of business suspension in violation of an order to suspend such business.
(2) Detailed standards for administrative dispositions issued under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of the types, degrees, etc. of offenses.
[This Article Newly Inserted by Act No. 14510, Dec. 27, 2016]
 Article 31-5 (Reports on Temporary or Permanent Closure of Business)
Where a fishing vessel broker falls under any of the following cases, he/she shall report such fact to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:
1. Where he/she intends to permanently close fishing vessel brokerage business;
2. Where he/she intends to temporarily close business for a period exceeding three months;
3. Where he/she intends to resume business after temporary closure of business;
4. Where he/she intends to extend the period for temporary closure of business.
[This Article Newly Inserted by Act No. 14510, Dec. 27, 2016]
 Article 31-6 (Imposition of Penalty Surcharge)
(1) Where a fishing vessel broker is subject to an order to suspend his/her business pursuant to Article 31-4 (1) 2 and 4 through 6 and the suspension of business of the fishing vessel broker is likely to cause substantial inconvenience to fishermen, the Minister of Oceans and Fisheries may impose penalty surcharge not exceeding ten million won in lieu of business suspension order, as prescribed by Presidential Decree.
(2) Where a person subject to penalty surcharge pursuant to paragraph (1) fails to pay the penalty surcharge by the deadline, such penalty surcharge shall be collected in the same manner as delinquent national taxes are collected.
(3) The amount of penalty surcharge imposed pursuant to paragraph (1) based upon the types, severity, etc. of offenses and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14510, Dec. 27, 2016]
 Article 31-7 (Education for Fishing Vessel Brokers)
Each fishing vessel broker (in cases of a corporation, referring to the corporation’s representative and employees in charge of fishing vessel brokerage business) shall receive continuing education provided by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 14510, Dec. 27, 2016]
 Article 31-8 (Preparation, etc. of Trade Contracts)
(1) Where a fishing vessel broker provides brokerage services for the sale and purchase or lease of a fishing vessel and fishing vessel equipment, etc., he/she shall prepare and issue a trade contract to the parties to the trade, as prescribed by Presidential Decree.
(2) Each fishing vessel broker shall keep copies of trade contracts prescribed in paragraph (1) for three years.
[This Article Newly Inserted by Act No. 14510, Dec. 27, 2016]
 Article 31-9 (Purchase of Surety Insurance Bond, etc.)
(1) Each fishing vessel broker shall purchase a surety insurance bond to guarantee the liability for loss to property of the parties to trades which he/she causes intentionally or by negligence brokering the sale and purchase or lease of fishing vessels and fishing vessel equipment, etc.
(2) Where a fishing vessel broker brokers the sale and purchase or lease of a fishing vessel and fishing vessel equipment, etc., he/she shall explain the following matters concerning the guarantee of liability for loss prescribed in paragraph (1) to the parties to the trade, and issue a copy of the relevant bond or provide an electronic document for the relevant bond:
1. Amount guaranteed;
2. Period of guarantee;
3. Name and location of the surety insurance company.
(3) The coverage of surety insurance prescribed in paragraph (1), timing for purchasing surety insurance bonds, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14510, Dec. 27, 2016]
CHAPTER VI RESEARCH AND DEVELOPMENT OF FISHING VESSELS
 Article 32 (Surveys and Research of Fishing Vessels)
The Minister of Oceans and Fisheries may conduct surveys and research necessary for facilitating safe operations of fishing vessels and improving the performance thereof. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 33 (Development of Standard Fishing Vessels)
The Minister of Oceans and Fisheries may develop standard fishing vessels by type of fishery and publicly notify them to facilitate the improvement of fishing vessels and enhance the rationalization of fishery management. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
CHAPTER VII DELETED
 Articles 34 through 36 Deleted. <by Act No. 5921, Feb. 8, 1999>
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 37 (Provisions of Other Statutes to be Applied Mutatis Mutandis)
(1) The provisions of Articles 2, 5, 9 (2) and (3) (applicable only where an application for issuing a certificate of interim ship's nationality is filed with a consul of the Republic of Korean), 10 (applicable only where the national flag of the Republic of Korea is not allowed to be hoisted without keeping a certificate of ship's nationality or a provisional certificate of ship's nationality in the relevant ship), 11 (applicable only where the national flag is hoisted), 13, 26 (limited to the exemption from the obligation to hoist the national flag and indicate a ship's name, etc.), 28, and 29 of the Ship Act shall apply mutatis mutandis to the navigation of fishing vessels and registration thereof. In such cases, "ship of the Republic of Korea" shall be construed as "fishing vessel of the Republic of Korea", "Korean ship" as "Korean fishing vessel", "ship" as "fishing vessel," "place of ship acquisition" as "place of fishing vessel acquisition", "ship manager" as "fishing vessel manager", and "ship owner" as "fishing vessel owner". <Amended by Act No. 9007, Mar. 28, 2008; Act No. 12537, Mar. 24, 2014>
(2) Except as otherwise expressly provided for in this Act, the provisions of Articles 6, 12 through 14, 17, 41, 44, 66, 69, and 73 through 75 of the Ship Safety Act shall apply mutatis mutandis to fishing vessel inspection and other matters relevant thereto. In such cases, "ship" shall be construed as "fishing vessel". <Newly Inserted by Act No. 9718, May 27, 2009; Act No. 11690, Mar. 23, 2013; Act No. 15008, Oct. 31, 2017>
(3) The provisions of Article 3 of the Ship Act and Article 3 (1) of the Addenda of the Amendment to the Ship Act (Act No. 3641) shall apply mutatis mutandis to the measurement of the gross tonnage of any fishing vessel. In such cases, "Korean ship" shall be construed as "Korean fishing vessel". <Amended by Act No. 9007, Mar. 28, 2008>
 Article 37-2 (Guidance, Supervision, etc.)
(1) The Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may guide and supervise the construction, remodelling, registration, installation, inspection, etc. of fishing vessels in accordance with this Act. In such cases, the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may entrust guidance and supervision to public officials supervising fishery business prescribed in Article 72 of the Fisheries Act.
(2) If necessary, the Minister of Oceans and Fisheries may guide and supervise fishing vessel brokers, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 14510, Dec. 27, 2016]
 Article 38 (Hearings)
Where the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu intends to take any of the following measures, he/she shall hold a hearing: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11754, Apr. 5, 2013; Act No. 14510, Dec. 27, 2016; Act No. 15008, Oct. 31, 2017>
1. Cancellation of permission for building or remodeling, or issuance of an order to suspend the building or remodeling of fishing vessels and an order to remove fishing vessels or fishing vessel equipment under Article 10;
2. De-registration of fishing vessels under Article 19 (2);
2-2. Cancellation of designation or suspension of validity of type approval prescribed in Article 24-2 (1);
2-3. Cancellation of designation or suspension of validity of designation of testing institutions for type approval prescribed in Article 24-3 (2);
2-4. Cancellation of designation or suspension of validity of designation of Ministry-designated businesses prescribed in Article 26 (1);
3. De-registration of fishing vessel brokerage business prescribed in Article 31-4;
4. Cancellation or suspension of outsourcing prescribed in Article 41 (8).
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 39 (Fees)
(1) Any of the following persons shall pay fees as prescribed by Ordinance of the Ministry of Oceans and Fisheries or Municipal Ordinance of the competent Special Self-Governing City, Special Self-Governing Do or Si/Gun/Gu: Provided, That where an institution entrusted with duties of the Minister of Oceans and Fisheries pursuant to Article 40 (2) (hereafter referred to in this Article as "entrusted institution") conducts the entrusted duties, or an institution conducting the duties of the Minister of Oceans and Fisheries outsourced under Article 41 (1) (hereafter referred to in this Article as "agency") conducts measurement, survey and inspection, he/she shall pay fees determined by the entrusted institution or agency to the entrusted institution or agency: <Amended by Act No. 11754, Apr. 5, 2013; Act No. 14510, Dec. 27, 2016; Act No. 15008, Oct. 31, 2017>
1. A person applying for approval for the vessel’s stability prescribed in Article 3-2 (1);
1-2. A person applying for permission for building or remodeling a fishing vessel under Article 8 (1) or permission for the change thereof;
2. A person applying for registration of a fishing vessel under Article 13 (1);
3. A person applying for measuring or re-measuring the gross tonnage of a fishing vessel under Article 14;
4. A person applying for registration of change under Article 17;
5. A person applying for re-issuance of a certificate of ship's nationality under Article 18;
6. A person applying for inspection of a fishing vessel under Article 21;
7. A person applying for inspection of shipbuilding under Article 22 (1);
8. A person applying for preliminary inspection under Article 22 (3);
9. A person applying for special shipbuilding inspection under Article 22 (6);
10. A person applying for type approval or approval for the change thereof, or test approval under Article 24 (1) and (2);
11. A person applying for designation of a Ministry-designated business pursuant to Article 25 (1);
11-2. A person applying for the verification of fishing vessels, fishing vessel equipment or fishing vessel supplies pursuant to Article 25 (3) or (4);
11-3. A person applying for the certification of limit load, etc. of loading and unloading facilities prescribed in Article 26-2 (1);
12. A person applying for extension of validity of a certificate of fishing vessel inspection under Article 28 (3);
13. A person applying for re-inspection, etc. under Article 30 (1);
13-2. A person intending to use information provided under Article 31 (2);
13-3. A person intending to file registration of or registration of change to fishing vessel brokerage business pursuant to Article 31-2;
14. A person applying for an inspection under international agreements or approval of drawings prescribed in Articles 12 (1) and 13 (1) of the Ship Safety Act which apply mutatis mutandis in Article 37 (2);
15. A person applying for the issuance of a certificate of inspection, certificate of test approval, certificate of verification, certificate of measurement of the gross tonnage of a fishing vessel, etc. under Article 41 (3).
(2) Where an entrusted institution or an agency determines a fee under the proviso to paragraph (1), it shall establish the criteria thereof and obtain approval from the Minister of Oceans and Fisheries. The same shall also apply to the change of approved matters. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14510, Dec. 27, 2016>
(3) Where an entrusted institution or an agency determines a fee under paragraph (2), it shall post the details of such determination and details of the calculation on the website of the institution or agency. <Newly Inserted by Act No. 11754, Apr. 5, 2013; Act No. 14510, Dec. 27, 2016>
(4) Where an entrusted institution or an agency collects a fee under the proviso to paragraph (1), the revenue therefrom shall be treated as the revenue of the relevant institution or agency. <Amended by Act No. 11754, Apr. 5, 2013; Act No. 14510, Dec. 27, 2016>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 40 (Delegation, etc. of Authority)
(1) Part of the authority of the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard prescribed by this Act may be delegated to the head of a Si/Gun/Gu or to the heads of the affiliated institutions, as prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Some of the duties of the Minister of Oceans and Fisheries prescribed by this Act may be entrusted to the Korea Ship Safety Technology Authority established pursuant to Article 45 of the Ship Safety Act (hereinafter referred to as the "KST"), as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 14510, Dec. 27, 2016]
 Article 41 (Outsourcing of Inspections, etc.)
(1) The Minister of Oceans and Fisheries may outsource the following duties to the KST or a ship classification society under Article 60 (2) of the Ship Safety Act (hereinafter referred to as "ship classification society"): Provided, That the duties referred to in subparagraphs 5 and 5-2 shall not be outsourced to a ship classification society: <Amended by Act No. 9718, May 27, 2009; Act No. 11690, Mar. 23, 2013; Act No. 11754, Apr. 5, 2013; Act No. 14510, Dec. 27, 2016; Act No. 15008, Oct. 31, 2017>
1. Approval for stability of fishing vessels prescribed in Article 3-2 (1);
1-2. Measurement and re-measurement of the gross tonnage of any fishing vessel under Article 14;
2. Inspection of fishing vessels under Article 21;
3. Shipbuilding inspection of fishing vessels under Article 22, preliminary inspection of fishing vessel supplies, and special shipbuilding inspection;
4. Test approval granted for fishing vessels or fishing vessel supplies under Article 24 (1);
5. Survey for the designation of a Ministry-designated business prescribed in Article 25 (1);
5-2. Verification of fishing vessels, fishing vessel equipment or fishing vessel supplies prescribed in Article 25 (3) or (4);
5-3. Certification of limit load, etc. and preparation of loading and unloading facility inspection registers prescribed in Article 26-2;
6. Approval to extend the validity of a fishing vessel inspection certificate under Article 28 (3);
7. The following duties which apply mutatis mutandis in Article 37 (2):
(a) Inspection under international agreements prescribed in Article 12 (1) of the Ship Safety Act;
(b) Approval of drawings prescribed in Article 13 (1) of the Ship Safety Act;
(c) Inspection and approval for loading, transportation, storage, etc. of hazardous substances prescribed in Article 41 (2) of the Ship Safety Act.
(2) Deleted. <by Act No. 5921, Feb. 8, 1999>
(3) The KST or a ship classification society may issue a certificate of inspection, certificate of test approval, certificate of verification, or fishing vessel gross tonnage certificate (including an international tonnage certificate, international tonnage verification, and deadweight tonnage certificate) under the subparagraphs of Article 27 (1) within the scope of duties under paragraph (1) upon approval of the Minister of Oceans and Fisheries. <Amended by Act No. 9007, Mar. 28, 2008; Act No. 9718, May 27, 2009; Act No. 11690, Mar. 23, 2013>
(4) The KST or a ship classification society shall submit a report on the duties outsourced under paragraph (1) to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 9007, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013>
(5) Where the KST or a ship classification society submits a report on the outsourced duties pursuant to paragraph (4), the Minister of Oceans and Fisheries shall verify such report and take necessary measures if he/she finds that the KST or the ship classification society violates this Act or any order issued under this Act. <Amended by Act No. 9007, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013>
(6) The Minister of Oceans and Fisheries may guide or supervise the duties performed by the KST or a ship classification society under this Act and, if deemed necessary, issue an instruction or order to the KST or a ship classification society with respect to its business. <Newly Inserted by Act No. 9718, May 27, 2009; Act No. 11690, Mar. 23, 2013>
(7) If deemed necessary, the Minister of Oceans and Fisheries may audit the accounting records or property of the KST or a ship classification society. <Newly Inserted by Act No. 9718, May 27, 2009; Act No. 11690, Mar. 23, 2013>
(8) Where the KST or a ship classification society conducts the duties outsourced under paragraph (1) by false or other wrongful means, the Minister of Oceans and Fisheries may cancel or suspend the outsourcing of the relevant duties, as prescribed by Presidential Decree. <Newly Inserted by Act No. 15008, Oct. 31, 2017>
 Article 41-2 (Subsidization of Expenses for the KST)
The Minister of Oceans and Fisheries may subsidize the expenses of the KST incurred in developing and disseminating technologies concerning fishing vessels or fishing vessel equipment or in performing the duties outsourced and entrusted, etc., within budgetary limits. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14510, Dec. 27, 2016>
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
 Article 42 (Duties of Legal Representative)
Where the owner of a fishing vessel falling under Articles 14, 16 (1), and 17 through 19 is a minor or an adult ward, his/her legal representative shall conduct the following matters: Provided, That where a minor has the same capabilities as an adult in terms of business, the foregoing shall not apply: <Amended by Act No. 12482, Mar. 18, 2014>
1. Applying for measuring or re-measuring the gross tonnage of any fishing vessel;
2. Marking a fishing vessel's name, etc. and attaching a fishing vessel license plate;
3. Applying for changing registered matters;
4. Applying for re-issuing a certificate of ship's nationality, etc.;
5. Fulfilling the owner's follow-up obligations for the application for cancellation of registration.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
CHAPTER IX PENALTY PROVISIONS
 Article 43 (Penalty Provisions)
Any of the following persons may be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who builds or remodels a fishing vessel without obtaining a building or remodeling permit, or places an order for building or remodelling a fishing vessel, in violation of Article 8 (1);
2. A person who uses a fishing vessel without registration prescribed in Article 13 (1), in violation of paragraph (2) of the same Article;
3. A person who conducts outsourced duties or duty of issuance prescribed in Article 41 (1) or (3) by false or other wrongful means.
[This Article Wholly Amended by Act No. 15008, Oct. 31, 2017]
 Article 44 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 9718, May 27, 2009; Act No. 14510, Dec. 27, 2016; Act No. 15008, Oct. 31, 2017>
1. A person who uses his/her fishing vessel for voyages without obtaining approval for the vessel’s stability, or without maintaining the vessel’s stability, in violation of Article 3-2 (1) or (3);
1-2. A person who fails to mark a load line under Article 4;
2. A person who uses his/her fishing vessel for voyages or fishing operations without radio equipment under Article 5 (1);
3. A person who uses his/her fishing vessel for voyages or fishing operations after hiding, changing, or removing indication of a fishing vessel's name, etc. under Article 16 or a fishing vessel license plate;
4. A person who uses his/her fishing vessel for voyages or fishing operations without undergoing a fishing vessel inspection under Article 21;
4-2. A person who replaces or installs the hull, engines, facilities, etc. in the relevant fishing vessel after completing a fishing vessel inspection prescribed in Article 21 or shipbuilding inspection prescribed in Article 22 (1) (including special shipbuilding inspections), in violation of Article 23;
5. A person who obtains type approval, approval for the change thereof or test approval under Article 24 (1) or (2) by deceit or other wrongful means;
6. A person who obtains designation of a Ministry-designated business under Article 25 (1) by deceit or other wrongful means;
7. A person who uses a fishing vessel for voyages or fishing operations in excess of the maximum seating capacity stated in the fishing vessel inspection certificate prescribed in Article 27 (1) 1;
7-2. A person who uses a fishing vessel for voyages or fishing operations which did not mark the vessel’s load lines in the position or violated others stated in the fishing vessel inspection certificate prescribed in Article 27 (1) 1;
8. A person who receives a certificate of fishing vessel inspection under Article 27 (1), certificate of special inspection for fishing vessels, certificate of provisional navigation inspection, certificate of shipbuilding inspection, certificate of preliminary inspection, certificate of special shipbuilding inspection, certificate of shipbuilding, certificate of manufacturing, certificate of maintenance, or certificate of limit load, etc. by deceit or other wrongful means;
9. A person who provides brokerage services for fishing vessels without filing registration or registration of change prescribed in Article 31-2;
10. A person who files registration of or registration of change to fishing vessel brokerage business prescribed in Article 31-2 by deceit or other wrongful means.
(2) If a fishing vessel crew member commits an offense referred to in paragraph (1), not only shall such offender be punished accordingly, but the captain also shall be punished by the fine prescribed in the relevant paragraph.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 45 Deleted. <by Act No. 5470, Dec. 17, 1997>
 Article 46 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won:
1. A person who fails to comply with any disposition imposed, or order issued, under Article 10;
2. A person who builds a fishing vessel without undergoing a shipbuilding inspection, in violation of Article 22 (1).
[This Article Wholly Amended by Act No. 9718, May 27, 2009]
 Article 47 (Penalty Provisions)
A person who fails to implement the duties of a legal representative in violation of Article 42 shall be punished by a fine not exceeding one million won.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 48 (Joint Penalty Provisions)
(1) If the representative, an agent, an employee, or a servant of a legal entity commits an offense under Articles 43, 44, 46, and 47 in the scope of the business of the legal entity, not only shall such offender be punished accordingly, but the legal entity shall also be punished by a fine prescribed in the relevant Article: Provided, That the foregoing sentence shall not apply to cases where a legal entity had not neglected reasonable care and supervision in connection with the relevant matter in order to prevent such offense.
(2) If an agent, an employee, or a servant of a private individual commits an offense under Articles 43, 44, 46, and 47 in the scope of the business of the private individual, not only shall such offender be punished accordingly, but the private individual shall also be punished by a fine prescribed in the relevant Article: Provided, That the foregoing sentence shall not apply to cases where a private individual had not neglected reasonable care and supervision in connection with the relevant matter in order to prevent such offense.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 49 (Penalty Provisions to be Applied Mutatis Mutandis)
The provisions of Articles 32, 33 (1) (applicable only where the national flag of the Republic of Korea is not allowed to be hoisted without keeping a certificate of ship's nationality or a provisional certificate of ship's nationality in the relevant ship, in violation of Article 10 of the Ship Act), 34, 35 (1), and 35 (2) 3 and 4 of the Ship Act, and the provisions of subparagraph 2 (limited to parts concerning inspections under international agreements) and subparagraph 14 of Article 83, Article 84 (1) 5, 6 and 11, subparagraphs 1, 2, and 5 through 8 of Article 85, and subparagraph 3 of Article 86 of the Ship Safety Act shall apply mutatis mutandis to fishing vessels. In such cases, "Korean ship" shall be construed as "Korean fishing vessel", "ship" as "fishing vessel", "original registry for ship" as "original registry for fishing vessels", "ship owner" as "fishing vessel owner", and "ship manager" as "fishing vessel manager". <Amended by Act No. 9718, May 27, 2009; Act No. 15008, Oct. 31, 2017>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 50 (Penalty Provisions to be Applied Mutatis Mutandis)
The penalty provisions (including the penalty provisions of the Ship Act and the Ship Safety Act which is applied mutatis mutandis in Article 49; hereafter the same shall apply in this Article and Article 51) to be applied to a ship owner who violate this Act (including the Ship Act and the Ship Safety Act which is applied mutatis mutandis in Article 37; hereafter the same shall apply in this Article and Article 51) and any order issued under this Act shall also apply to the following persons: <Amended by Act No. 9718, May 27, 2009>
1. Where a fishing vessel is shared and its manager is hired, the manager of the fishing vessel;
2. Where a fishing vessel is chartered, the charterer of the fishing vessel;
3. The penalty provisions to be applied to the captain shall apply to any person who performs the captain's duties on his/her behalf.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 51 (Exception to Application of Penalty Provisions)
Where the owner of a fishing vessel is the State, a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Do, or Si/Gun/autonomous Gu, the penalty provisions to be applied to fishing vessel owners who violate this Act and any order issued under this Act shall not apply. <Amended by Act No. 11754, Apr. 5, 2013>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 52 (Deemed Public Officials for Purposes of Penalty Provisions)
Any executive or employee of the KST or a ship classification society who performs the duties of the Minister of Oceans and Fisheries outsourced under Article 41 (1) and (3) or issues a certificate of measurement of the gross tonnage of any fishing vessel shall be deemed a public official for the purposes of the penalty provisions of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
 Article 53 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding three million won:
1. A person who navigates a fishing vessel with people on board or loaded with fish, freight, etc. in excess of the load lines of the fishing vessel in violation of Article 4 (2);
2. A person who fails to operate radio equipment in violation of Article 5 (2) without just cause;
3. A person who fails to operate AIS equipment in violation of the main sentence of Article 5-2 (1) without just cause;
4. A person who fails to report the malfunctioning or loss of AIS equipment or fails to take measures such as repair or re-installation of AIS equipment after reporting such malfunctioning or loss in violation of Article 5-2 (3) without just cause.
(2) Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 9718, May 27, 2009; Act No. 10847, Jul. 14, 2011; Act No. 14510, Dec. 27, 2016; Act No. 15008, Oct. 31, 2017>
1. A person who fails to provide stability information to the captain or fails to keep such information in the fishing vessel in violation of Article 3-2 (4) or (5);
2. A person who uses his/her fishing vessel for voyages or fishing operations without keeping a certificate of ship's nationality, etc. in his/her vessel, in violation of the main sentence of Article 15;
3. A person who fails to indicate the fishing vessel's name, etc. or attach the fishing vessel license plate to the fishing vessel, in violation of Article 16 (1);
4. A person who fails to file an application for registration of change under Article 17;
5. A person who fails to file an application for de-registration under Article 19 (1);
6. A person who fails to return the fishing vessel license plate, the certificate of ship's nationality, etc. under Article 19 (3) without just cause or fails to report the reasons thereof, such as loss;
7. A person who fails to undergo a fishing vessel inspection prescribed in Article 21 (1) without just cause;
7-2. A person who fails to have the limit load, etc. of loading and unloading facilities certified in violation of Article 26-2 (1);
7-3. A person who uses loading and unloading facilities in violation of the limit load, etc. in violation of Article 26-2 (3);
8. A person who uses his/her fishing vessel for voyages or fishing operations without keeping a certificate of fishing vessel inspection, certificate of special inspection, or certificate of provisional navigation inspection in the fishing vessel, in violation of Article 29;
9. A person who fails to report the temporary or permanent closure, resumption, or extension of period for temporary closure of fishing vessel brokerage business prescribed in Article 31-5;
10. A person who fails to undergo continuing education prescribed in Article 31-7 without just cause;
11. A person who fails to explain matters concerning the guarantee of liability for damage or issue or provide copies of relevant deeds or electronic documents concerning relevant deeds in violation of Article 31-9 (2).
(3) Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the following persons, as prescribed by Presidential Decree: <Amended by Act No. 10847, Jul. 14, 2011; Act No. 12844, Nov. 19, 2014; Act No. 14510, Dec. 27, 2016; Act No. 14839, Jul. 26, 2017; Act No. 15008, Oct. 31, 2017>
1. In cases falling under paragraphs (1) 1 and 2 and (2): The head of a Si/Gun/Gu;
2. In cases falling under paragraph (1) 3 and 4: The Commissioner of the Korea Coast Guard.
(4) and (5) Deleted. <by Act No. 9718, May 27, 2009>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Criteria for Facilities for Fishing Vessels)
"Rules on Facilities for Fishing Vessels, etc.(Amended on July 4, 1985 by Ordinance of Ministry for Agriculture, Forestry and Fisheries No. 939.)" as at the time this Act enters into force shall be valid until the day before the date on which notification is issued by the Administrator of Regional Maritime Affairs and Fisheries Office under Articles 3, 4, and 5.
Article 3 (Transitional Measure concerning Registration of Fishing Vessels)
(1) In cases where any vessel falls under a new fishing vessel under Article 2 (1) as at the time this Act enters into force (limited to vessels engaged in permitted, reported, and licensed fishing under the Fisheries Act) and the owner of the relevant vessel files a report to Mayor/Do Governor within one year from the date on which this Act enters into force, it shall be deemed registered under Article 13 (1).
(2) Mayor/Do Governor shall issue a certificate of completion of registration within one month after registration to any vessel which is deemed registered under paragraph (1).
Article 4 (Transitional Measure concerning Cancellation of Registration)
With regard to any fishing vessel whose permission, reporting, license, etc. for fishery as at the time this Act enters into force becomes invalid, the registration of the relevant fishing vessel shall be deemed valid until the lapse of one year from the date on which this Act enters into force.
Article 5 (Transitional Measure concerning Fishing Vessel whose Construction or Remodeling Underway)
With regard to any vessel whose construction or remodeling is underway to engage in fishing as at the time this Act enters into force, in cases where the owner of the relevant vessel or any person who builds or remodels the relevant vessel files a report to Mayor/Do Governor within one month after this Act enters into force, it shall cease to be governed by the amended provisions of Article 9 (2) and subparagraph 2 of Article 43.
Article 6 (Special Examples concerning Measurement of Gross Tonnage of Fishing Vessel)
The owner of each fishing vessel which has been built or for which remodeling has been commenced on before December 31, 1982 may file an application for re-measurement of the gross tonnage notwithstanding the provisions of Article 3 (1) of the Addenda of the amendment of the Ship Act No. 3641, which is applied mutatis mutandis under Article 37.
Article 7 Omitted.
ADDENDA <Act No. 5131, Dec. 30, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the enforcement date of the Presidential Decree concerning the organization of the Ministry of Maritime Affairs and Fisheries and the Korea Coast Guard pursuant to the amended provisions of Article 41 within 30 days after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5470, Dec. 17, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 5921, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measure concerning Neglected Fishing Vessel) With regard to necessary measures taken to manage or remove neglected fishing vessels owned by any person who fails to comply with an order issued under the former Article 35 (2) as at the time this Act enters into force, notwithstanding the amended provisions of Article 35 (3), the former provisions shall apply.
(3) (Transitional Measure concerning Penalty Provisions) The application of penalty provisions to any offence committed before this Act enters into force shall be governed by the former provisions.
(4) Omitted.
ADDENDA <Act No. 5971, Apr. 15, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5972, Apr. 15, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 1-2 (limited to cases where an application for the registration of a new vessel subject to registration is filed and the certificate of ship's nationality is issued accordingly pursuant to the amended provisions of the same Article), subparagraph 3 of Article 2, and the amended provisions of Article 26-2 (limited to cases where an application for the issuance of a certificate of ship registration of any vessel subject to the issuance of a certificate of ship registration is filed and a certificate of ship registration is issued accordingly pursuant to the amended provisions of the same Article), and the amended provisions of Article 4 of the Addenda shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6609, Jan. 14, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Permission, etc. to Build or Remodel Fishing Vessels)
Permission to build or remodel a fishing vessel and cancellation of such permission granted by Mayor/Do Governor under the former Articles 8 and 10 as at the time this Act enters into force shall be deemed granted by the head of a Si/Gun/Gu under the amended provisions of Articles 8 and 10.
Article 3 (Transitional Measure concerning Registration, etc. of Fishing Vessel)
(1) The registration of any fishing vessel granted by Mayor/Do Governor under the former Article 13 as at the time this Act enters into force shall be deemed granted by the head of a Si/Gun/Gu under the amended provisions of Article 13.
(2) Notification issued by Mayor/Do Governor concerning an application for registration cancellation under the former Article 19 (2) as at the time this Act enters into force shall be deemed issued by the head of a Si/Gun/Gu under the amended provisions of Article 19 (2).
Article 4 (Transitional Measure concerning Return, etc. of Fishing Vessel License Plate)
A person who fails to or cannot return a fishing vessel head of a, a certificate of ship's nationality, etc. to Mayor/Do Governor from among the owners of fishing vessels whose registration is cancelled under the former Article 19 (3) as at the time this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 8221, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force ten months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9007, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 13-2 and 13-3 shall enter into force on July 1, 2008.
Article 2 Omitted.
ADDENDA <Act No. 9718, May 27, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 15 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Formal Approval and Authorization of Fishing Vessel Products)
The duties of confirmation for fishing vessel products manufactured and repaired by any person who obtains designation of an exemplary place of business for manufacturing or repairing fishing vessels under Article 20 of the Ship Safety Act as at the time this Act enters into force shall be governed by the former provisions.
Article 3 (Transitional Measure concerning Inspection of Fishing Vessel, etc.)
(1) Shipbuilding inspections, vessel inspections, preliminary inspections, formal approvals, authorization, designation of an exemplary place of business for building, manufacturing, and repairing fishing vessels, and confirmation of vessels or vessel products, which are conducted for fishing vessels under Articles 7 (1), 8 (1), 9 (1), 10 (1), 11 (1), 12 (1), 18 (1), and 20 (1) of the Ship Safety Act as at the time this Act enters into force shall be deemed conducted under this Act.
(2) Inspection of any fishing vessel whose certificate of ship's nationality is issued as at the time this Act enters into force shall be governed by the former provisions, until the period of validity of the certificate expires.
(3) Vessel inspection, etc. of fishing vessels, for which an application is filed as at the time this Act enters into force shall be governed by the former provisions.
Article 4 (Transitional Measure concerning Criteria for Facilities of Fishing Vessel)
The criteria concerning the vessel facility, the indication of a full-load draft line, and wireless equipment for fishing vessels under Articles 26, 27, and 29 of the Ship Safety Act as at the time this Act enters into force shall be valid until the notification issued by the Minister for Food, Agriculture, Forestry and Fisheries concerning the criteria of facilities for fishing vessels, etc. under this Act is implemented.
Article 5 (Transitional Measure concerning Ship Classification Society)
The ship classification society designated under Article 60 (2) of the Ship Safety Act as at the time this Act enters into force shall be deemed designated under this Act.
Article 6 (Transitional Measure concerning Penalties and Fines for Negligence)
The application of penalty provisions and fines for negligence to any offence committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 10847, Jul. 14, 2011>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11754, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Exemption from Provisional Inspection)
The exemption from provisional inspection for parts confirmed under the amended provisions of Article 25 (4) shall apply, starting from provisional inspections conducted after this Act enters into force.
ADDENDA <Act No. 12482, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetents, etc.)
The scope of adult wards under the amended provisions of Article 42 shall be construed to include persons for whom the sentence of incompetency or quasi-incompetency is valid and effective under Article 2 of Addenda of the partial amendments to the Civil Act (Act No. 10429).
ADDENDA <Act No. 12537, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That amendments to Acts which are promulgated before this Act enters into force, but the date of enforcement of which has yet to arrive among Acts to be amended under Article 6 of Addenda shall enter into force on the respective enforcement dates.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14510, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Fishing Vessel Brokerage Business)
Notwithstanding the amended provisions of Article 31-2, any person who provides brokerage services for fishing vessels as at the time this Act enters into force may provide such services without filing registration prescribed in the amended provisions of the same Article for three months after this Act enters into force.
Article 3 (Transitional Measures concerning Incompetents, etc.)
The scope of persons under adult guardianship or under limited guardianship prescribed in the amended provisions of subparagraph 2 of Article 31-3 shall be deemed to include persons upon whom the sentence of incompetency or quasi-incompetency remains effective pursuant to Article 2 of Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That the amended parts of the Acts promulgated before this Act enters into force but the enforcement dates of which have yet to arrive among the Acts to be amended pursuant to Article 5 of Addenda, shall enter into force on the dates the respective Acts take effect.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15008, 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 Keeping Stability Information)
The amended provisions of Article 3-2 (4) and (5) shall apply beginning with the first fishing vessels departing from ports after this Act enters into force.
Article 3 (Applicability to De-Registration of Fishing Vessels)
The one-year period prescribed in the amended provisions of Article 19 (2) 4 for the owners of fishing vessels as at the time this Act enters into force shall be counted from the date this Act enters into force.
Article 4 (Applicability to Cancellation, etc. of Type Approval)
The amended provisions of Article 24-2 (1) 4 and 5 shall apply beginning with the cases where a person who has obtained type approval pursuant to Article 24 (1) falls under the amended provisions of Article 24-2 (1) 4 or 5 after this Act enters into force. In such cases, the period of two or longer years prescribed in the amended provisions of Article 24-2 (1) 4 shall be counted from the date fishing vessel supplies or small-sized fishing vessels are neither manufactured nor imported after this Act enters into force.
Article 5 (Applicability to Cancellation, etc. of Designation of Ministry-Designated Businesses)
The amended provisions of Article 26 (1) 4 through 7 shall apply starting from the cases where a person who has obtained designation of a Ministry-designated business pursuant to the amended provisions of Article 25 (1) falls under the amended provisions of any of subparagraphs 4 through 7 of Article 26 (1) after this Act enters into force. In such cases, the period of one or longer year prescribed in the amended provisions of Article 26 (1) 5 shall be counted from the date fishing vessels, fishing vessel equipment or fishing vessel supplies are neither built, manufactured nor maintained after this Act enters into force.
Article 6 (Transitional Measures concerning Exemplary Places of Shipbuilding Business, etc.)
Exemplary places of shipbuilding business, exemplary places of manufacturing business or exemplary places of maintenance business designated pursuant to the former provisions of Article 25 (1) as at the time this Act enters into force shall be deemed a Ministry-designated shipbuilding business, manufacturing business or maintenance business pursuant to the amended provisions of Article 25 (1), respectively.
Article 7 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to any activity performed before this Act enters into force shall be governed by the former provisions.
Article 8 Omitted.