EXCURSION SHIP AND FERRY BUSINESS ACT
Wholly Amended by Act No. 4610, Dec. 27, 1993
Amended by Act No. 5153, Aug. 8, 1996
Act No. 5204, Dec. 30, 1996
Act No. 5453, Dec. 13, 1997
Act No. 5470, Dec. 17, 1997
Act No. 5629, Jan. 18, 1999
Act No. 7186, Mar. 11, 2004
Act No. 7412, Mar. 24, 2005
Act No. 7428, Mar. 31, 2005
Act No. 7985, Sep. 22, 2006
Act No. 8221, Jan. 3, 2007
Act No. 8260, Jan. 19, 2007
Act No. 8380, Apr. 11, 2007
Act No. 8343, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9095, jun. 5, 2008
Act No. 9203, Dec. 26, 2008
Act No. 9847, Dec. 29, 2009
Act No. 10432, Mar. 7, 2011
Act No. 10753, May 30, 2011
Act No. 10801, jun. 15, 2011
Act No. 11344, Feb. 22, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12798, Oct. 15, 2014
Act No. 13064, Jan. 20, 2015
Act No. 13193, Feb. 3, 2015
Act No. 13441, Jul. 24, 2015
Act No. 13751, Jan. 7, 2016
Act No. 14224, May 29, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15527, Mar. 27, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the promotion of public safety and welfare by prescribing matters necessary for the excursion ship business and the ferry business and to ensure the safe sailing of excursion ships and ferries as well as sound development of the excursion ship business and the ferry business.
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
The terms used in this Act shall be defined as follows: <Amended by Act No. 11344, Feb. 22, 2012>
| 1. | The term "excursion ship business" means business with excursion ships and a wharf thereof, which is engaged in leasing such ships for fishing, sightseeing or other amusement on waters, or taking people on board such ships, but is not subject to the application of the Marine Transportation Act; |
| 2. | The term "ferry business" means business with ferry boats and a wharf thereof, which is engaged in transporting passengers and cargos on inland waters or the neck of sea prescribed by Presidential Decree, but is not subject to the application of the Marine Transportation Act; |
| 3. | The terms "excursion ship wharf" and "ferry wharf" mean a facility for safely mooring excursion ships and ferries (hereinafter referred to as "excursion ship/ferry") in order to load or unload passengers, and a convenience facility for passengers; |
| 4. | The term "waters" means inland waters and sea waters; |
| 5. | The term "inland waters" means the currents or surface of rivers, dams, lakes, marshes, and other fresh water or brackish water created artificially; |
| 6. | The term "sea waters" means the currents or surface of the sea. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 2-2 (Exclusion from Application) |
This Act shall not apply to: <Amended by Act No. 13441, Jul. 24, 2015; Act No. 15527, Mar. 27, 2018>
[This Article Newly Inserted by Act No. 11344, Feb. 22, 2012]
| Article 3 (Business Licenses or Reporting) |
| (1) | Each person who intends to engage in excursion ship business or ferry business (hereinafter referred to as "excursion ship/ferry business") shall obtain a license from, or file a report with, any of the following competent authorities, depending on to the scale of excursion ships/ferries or business territory prescribed by Presidential Decree. The same shall also apply to any amendment to the license or matters so reported: <Amended by Act No. 11344, Feb. 22, 2012; Act No. 12844, Nov. 19, 2014; Act No. 13751, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Where an excursion ship wharf, ferry wharf (hereinafter referred to as "excursion ship/ferry wharf") or the relevant business territory spans inland waters and sea waters, or extends over at least two Special Metropolitan Cities, Metropolitan Cities, Metropolitan Autonomous Cities, Dos, or Special Self-Governing Provinces (hereinafter referred to as "City/Do"): The Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the commander of a regional coast guard who has jurisdiction over the place where excursion ships/ferries are mainly moored; |
| 2. | Where the business territory is inland waters: The Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu"): Provided, That where the business territory spans at least two Special Self-Governing Provinces or Sis/Guns/Gus (a Gu refers to an autonomous Gu; hereinafter referred to as "Si/Gun/Gu"), and where the sailing distance is at least five nautical miles, referring to a Mayor/Do Governor, and where the sailing distance does not exceed five-nautical miles, referring to the head of a Si/Gun/Gu who has jurisdiction over the place where excursion ships/ferries are mainly moored; |
| 3. | Where the business territory is sea waters: The chief of a coast guard station having jurisdiction over the place where excursion ships/ferries are mainly moored; |
| 4. | Where excursion ships/ferries sail along the Han River in the Seoul Metropolitan City: The chief of the agency in charge of the affairs related to the excursion ships/ferries among the Han River management affairs of the Seoul Metropolitan City. |
| (2) | Where the business territory spans inland waters and sea waters, or extends over at least two Cities/Dos or Sis/Guns/Gus when a competent authority (hereinafter referred to as "competent authority") grants a license to engage in excursion ship/ferry business or accept a report pursuant to the subparagraphs of paragraph (1), he/she shall consult, in advance, with the relevant Mayor/Do Governor, the head of a Si/Gun/Gu, the commander of a regional coast guard, or the chief of a coast guard station, and if the excursion ship/ferry wharf or business territory thereof is located within a park area defined in subparagraph 5 of Article 2 of the Natural Parks Act, with the head of the competent park management agency. <Amended by Act No. 11344, Feb. 22, 2012; Act No. 12844, Nov. 19, 2014; Act No. 13441, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (3) | The competent authority shall give notice to the applicant of its acceptance or rejection of a report filed under the former part of paragraph (1) or an amendment report filed under the latter part of paragraph (1) respectively within seven days of receipt of the report or within five days of receipt of the amendment report. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
| (4) | If the competent authority cannot give notice to the applicant of its acceptance or rejection of a report within the period prescribed in paragraph (3), it may extend such period by up to seven days in the case of reports filed under the former part of paragraph (1) and by up to five days in the case of amendment reports filed under the latter part of paragraph (1), beginning on the day following the expiry of the period. In this case, the competent authority shall give the applicant written (or electronic) notice of an extension and the reasons for extending the period without delay. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
| (5) | Where the competent authority grants a license to engage in excursion ship/ferry business or accepts a report, he/she shall notify the details of such license or report to the relevant Mayor/Do Governor, head of a Si/Gun/Gu, the commander of a regional coast guard, or the chief of a coast guard station, chief of a coast guard station, head of a park management agency, chief of a police station, administrator of a regional maritime affairs and port office, and head of a road management agency under Article 23 of the Road Act (limited to a ferry business), or other relevant agencies prescribed by Presidential Decree, respectively. <Amended by Act No. 12248, Jan. 14, 2014; Act No. 12844, Nov. 19, 2014: Act No. 13441, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (6) | The competent authority may impose necessary conditions, as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries, to enhance the safety of, and to secure convenience facilities of, excursion ships/ferries when granting a license under paragraph (1). <Newly Inserted by Act No. 13441, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 3-2 (Tourist Business Deemed Registered under the Tourism Promotion Act) |
| (1) | Each person who intends to engage in business related to excursion ship business (hereinafter refer to as “general tourist excursion ship business”) among tourist-use facility businesses provided for in Article 3 (1) 3 of the Tourism Promotion Act may submit documents necessary for filing for registration of general tourist excursion ship business under Article 4 of the Tourism Promotion Act when applying for a license or filing a report to engage in excursion ship business. |
| (2) | Upon receipt of an application or a report under paragraph (1), a competent authority shall consult with the head of the administrative agency related to the registration of general tourist excursion ship business before granting a license or accepting the report to engage in excursion ship business, and the head of the relevant administrative agency in receipt of a request for consultation shall submit his/her opinion within the period prescribed by Presidential Decree. |
| (3) | Upon completing consultation under paragraph (2), each person granted a license to engage in excursion ship business or whose report is accepted (hereinafter referred to as “excursion ship/ferry business operator”) shall be deemed registered to engage in general tourist excursion ship business under Article 4 (1) of the Tourism Promotion Act. |
| (4) | Upon granting a license or accepting a report to engage in excursion ship business, the competent authority that has completed consultation under paragraph (2) shall notify the head of the relevant administrative agency of the results thereof without delay. |
[This Article Wholly Amended by Act No. 13441, Jul. 24, 2015]
| Article 3-3 (Succession to Business) |
| (1) | Each of the following persons shall succeed to the status of an excursion ship/ferry business operator: |
| 1. | The heir, if the excursion ship/ferry business operator dies (only if such heir files a report under paragraph (3) within six months from the date the predecessor died); |
| 2. | The transferee, if the excursion ship/ferry business operator transfers his/her business; |
| 3. | The corporation surviving or established after a merger, if a corporate excursion ship/ferry business operator merges with other company. |
| (2) | Each person who fully acquires the facilities and equipment of excursion ship/ferry business through any of the following procedures shall succeed to the status of an excursion ship/ferry business operator: <Amended by Act No. 14476, Dec. 27, 2016> |
| 4. | Other procedures equivalent to paragraphs (1) through (3). |
| (3) | Each person who has succeeded to the status of an excursion ship/ferry business operator under paragraph (1) or (2) shall report thereon to a competent authority, as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | The competent authority shall give notice to the applicant of its acceptance or rejection of a report filed under paragraph (3) within seven days of receipt of the report. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
| (5) | If the competent authority fails to give notice to the applicant of its acceptance or rejection of a report or an extension of the processing period permitted under the statute governing processing of civil petitions within the period prescribed in paragraph (4), the report shall be deemed to be accepted on the day following the expiry of such period. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
| (6) | Article 6 shall apply mutatis mutandis to the grounds for disqualification of successors pursuant to paragraph (1) or (2): Provided, That the same shall not apply where a corporation referred to in Article 6 (1) 5 replaces an existing executive officer within six months or the heir transfers excursion ship/ferry business to a third person within six months from the date the predecessor died. |
[This Article Wholly Amended by Act No. 13441, Jul. 24, 2015]
| Article 4 (Standards, etc. for Facilities) |
Each excursion ship/ferry business operator shall equip, manage, and main- tain the vessels, facilities, equipment, and human resources satisfying the standards determined by Presidential Decree for each kind of business.
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 4-2 (Criteria for Licenses) |
| (1) | To grant a license to engage in excursion ship/ferry business, a competent authority shall examine whether an applicant for such license meets the following requirements. The same shall also apply where he/she amends licenses: |
| 1. | The ages of excursion ships or ferries owned by the applicant shall satisfy the criteria prescribed by Presidential Decree; |
| 2. | The ships/ferries and facilities, equipment, and human resources owned by the applicant shall satisfy the standards for facilities determined under Article 4. |
| (2) | The competent authority shall not accept a report filed by a person who intends to engage in excursion ship/ferry business if the ages of ships/ferries owned by the person do not satisfy the criteria referred to in paragraph (1) 1. The same shall also apply where he/she accepts a report on amendments to licenses. |
[This Article Newly Inserted by Act No. 13193, Feb. 3, 2015]
| Article 5 (Term of Validity of Licenses or Reporting) |
| (1) | The term of validity of a license granted, or a report filed, to engage in excursion ship business under Article 3 shall be ten years, but where such business is operated for a limited period of a year, it shall be limited to the relevant year only; the term of validity of a license granted, or a report filed, to engage in ferry business shall be indefinite, but where such business is operated for a limited period of a year, it shall be five years. <Amended by Act No. 11344, Feb. 22, 2012> |
| (2) | Each person who intends to continue business after the term of validity of a license or report provided for in paragraph (1) expires shall renew the license or report, as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The competent authority shall give notice to the applicant of its acceptance or rejection of a renewal report filed under paragraph (2) within five days of receipt of the renewal report. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
| (4) | If the competent authority fails to give notice to the applicant of its acceptance or rejection of a report or an extension of the processing period permitted under the statute governing processing of civil petitions within the period prescribed in paragraph (3), the report shall be deemed to be accepted on the day following the expiry of such period. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 6 (Grounds for Disqualification) |
| (1) | None of the following persons is eligible for applying for a license or filing a report to engage in excursion ship/ferry business under Article 3: <Amended by Act No. 13441, Jul. 24, 2015; Act No. 13751, Jan. 7, 2016; Act No. 14532, Jan. 17, 2017> |
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 4. | A person in whose case two years have not passed since his/her license to engage in an excursion ship/ferry business was cancelled under Article 9 (1) (excluding the cancellation of a license as the person falls under subparagraph 1 of this paragraph); |
| 5. | A corporation, any of whose executive officers falls under any of subparagraphs 1 through 5. |
| (2) | No person subject to a closure order of his/her excursion ship/ferry business under Article 9 (1) shall re-file a report to engage in an excursion ship/ferry business under Article 3 until one year passes from the date of closure of business (excluding the closure of business as the person falls under paragraph (1) 1 of this Article). <Amended by Act No. 13751, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 7 (Suspension, Closure, etc. of Excursion Ship/Ferry Business) |
| (1) | An excursion ship/ferry business operator shall in advance file a report with the competent authority, as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries, in any of the following cases: <Amended by Act No. 13751, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | The excursion ship/ferry business operator intends to suspend or close its business or to partially suspend the service of ships; |
| 2. | The excursion ship/ferry business operator intends to resume its business or service of ships during a period for which its business is temporarily closed or service of ships is suspended. |
| (2) | The competent authority shall give notice to the applicant of its acceptance or rejection of a report (excluding a report on business closure) filed under paragraph (1) within three days of receipt of the report. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
| (3) | If the competent authority fails to give notice to the applicant of its acceptance or rejection of a report or an extension of the processing period permitted under the statute governing processing of civil petitions within the period prescribed in paragraph (2), the report shall be deemed to be accepted on the day following the expiry of such period. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
| (4) | If the Business Closure Form filed to report business closure under paragraph (1) 1 and supporting documents are complete and procedural requirements prescribed by statutes are satisfied, the obligation to report shall be deemed to be fulfilled when the Form arrives at the receiving agency. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
| (5) | Where suspending a business under paragraph (1) 1, no excursion ship business shall be suspended for six consecutive months, and no ferry business shall be suspended for one year, consecutively. <Amended by Act No. 13751, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 13441, Jul. 24, 2015]
| Article 8 (Business Territories, Business Hours, etc.) |
| (1) | Business territories of excursion ships/ferries shall be prescribed by Presidential Decree according to the tonnage and performance of vessels. <Amended by Act No. 10753, May 30, 2011> |
| (2) | Business hours of excursion ships/ferries shall be from 30 minutes before sunrise until 30 minutes after sunset: Provided, That it is permitted to operate excursion ships/ferries even before 30 minutes prior to sunrise or beyond 30 minutes after sunset where safe sailing facilities and equipment, such as lighting fixtures necessary for night sailing, are available, as prescribed by Presidential Decree. <Amended by Act No. 10753, May 30, 2011; Act No. 13441, Jul. 24, 2015> |
| (3) | Paragraphs (1) and (2) shall not apply to the following circumstances: <Amended by Act No. 10753, May 30, 2011> |
| 1. | Where an emergency patient occurs; |
| 2. | Where the operation of excursion ships/ferries is necessary for public purposes; |
| 3. | Deleted. <by Act No. 13441, Jul. 24, 2015> |
| (4) | No excursion ship/ferry shall operate when a severe weather alert (referring to a severe weather alert issued under Article 14 of the Weather Act; hereinafter the same shall apply) is issued. <Newly Inserted by Act No. 13751, Jan. 7, 2016> |
| (5) | Notwithstanding paragraph (4), excursion ships/ferries sailing in a smooth water area (or on the sea surface in the range prescribed by Presidential Decree in the cases of the sea surface with no smooth water area) among the navigation zones determined under Article 8 (3) of the Ship Safety Act may sail in compliance with the guidelines and procedures prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries, despite a severe weather alert (limited to severe weather alerts prescribed by Presidential Decree). <Amended by Act No. 13751, Jan. 7, 2016; Act No. 14839, Jul. 26, 2017> |
| (6) | The head of a Si/Gun/Gu or the chief of a coast guard station may prohibit the operation of excursion ships/ferries even if such ships/ferries are allowed to operate under paragraph (5), if he/she deems that there are risks to safe operation, upon checking the actual weather conditions of the relevant business territory. <Newly Inserted by Act No. 13751, Jan. 7, 2016; Amended by Act No. 14839, Jul. 26, 2017> |
| Article 9 (Administrative Measures) |
| (1) | Where an excursion ship/ferry business operator falls under any of the following circumstances, the competent authority may revoke the business license, or may order the excursion ship/ferry operator to close his/her business or fully or partially suspend his/her business for a period not exceeding three months: Provided, That he/she must revoke the business license if the operator falls under subparagraph 1, 2, or 8: <Amended by Act No. 13064, Jan. 20, 2015; Act No. 13193, Feb. 3, 2015; Act No. 13751, Jan. 7, 2016; Act No. 14480, Dec. 27, 2016; Act No. 14532, Jan. 17, 2017> |
| 1. | Where he/she falls under any subparagraph of Article 6 (1): Provided, That the same shall not apply when he/she falls under any of the following circumstances: |
| (a) | Where a corporation is found to have an executive officer falling under Article 6 (1) 6, and the business operator replaces the relevant executive officer within six months; |
| (b) | Where the heir of the excursion ship/ferry business operator falling under any of Article 6 (1) 1 through 4 transfers the excursion ship/ferry business to a third person within six months from the date the predecessor died; |
| 2. | Where he/she is found to have obtained a license by fraud or other improper means; |
| 2-2. | Where the valid period of a permit to occupy or use public waters granted under the Public Waters Management and Reclamation Act expires, the valid period of a permit to occupy and use a river granted under the River Act expires, the period for using agricultural infrastructure or water approved under the Rearrangement of Agricultural and Fishing Villages Act expires, or the valid period of a permit to occupy or use a fishery harbor facility granted under the Fishing Villages and Fishery Harbors Act expires: Provided, That the competent authority shall if defer the measure if a legal dispute (administrative appeals or litigation) has arisen in relation to an extension of the valid period of a permit to occupy or use public waters, etc.; |
| 3. | When a safety accident has occurred due to willful misconduct, gross negligence, or a breach of duty on the part of the excursion ship/ferry operator, seafarers (including life rescuers; hereinafter the same shall apply), and other employees; |
| 4. | When he/she fails to take necessary protective measures or make compensation to the victims without just grounds; |
| 6. | When he/she fails to file any of the reports required under Articles 3 (1), 3-3 (3), 7 (1), 32 (1) and 34 (1) and (2), or files such reports by fraud or other improper means; |
| 7. | When he/she fails to comply with any of the orders issued under Article 27; |
| 7-2. | When he/she operates an excursion ship or a ferry in violation of Article 12 (3) or Article 16 (3); |
| 8. | When he/she fails to comply with an order issued under each subparagraph of Article 27. |
| (2) | When the commander of a regional coast guard or the chief of a coast guard station intends to revoke a ferry business license or to close or suspend such business under paragraph (1), he/she shall consult with the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu in advance. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Detailed criteria for administrative measures referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Where any person succeeds to the status of an excursion ship/ferry business operator pursuant to Article 3-3, the effect of an administrative measure taken for any of the violations provided for in the subparagraphs of paragraph (1) shall be succeeded to the heir of the status of the excursion ship/ferry business operator until the expiration date of the measure, and if the administrative measure is in process, the process may proceed for the heir of the status of the excursion ship/ferry business operator. <Amended by Act No. 13441, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 9-2 (Imposition of Penalty Surcharges) |
| (1) | In issuing an order suspending the business of a ferry business operator pursuant to Article 9 (1), the competent authority may impose a penalty surcharge not exceeding ten million won in lieu of business suspension if such order is likely to cause severe inconvenience to citizens or otherwise hamper the public interest. <Amended by Act No. 13751, Jan. 7, 2016> |
| (2) | The amount of a penalty surcharge depending on the kind or severity of each violation subject to penalty surcharges under paragraph (1), and other necessary matters, shall be determined by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | If a person liable to pay a penalty surcharge under paragraph (1) fails to do so by the payment deadline, the competent authority shall collect it in the same manner as delinquent national taxes are collected, or as prescribed in the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 10 (Notice to Agencies Concerned) |
When the competent authority receives the report of suspension or closure of business pursuant to Article 7, or when he/she takes the administrative measures pursuant to Article 9, he/she shall notify it to the chiefs of the administrative agencies concerned pursuant to Article 3 (5), respectively. <Amended by Act No. 15527, Mar. 27, 2018> [This Article Wholly Amended by Act No. 10753, May 30, 2011]
CHAPTER II EXCURSION SHIP BUSINESS
| Article 11 (Criteria for Seating Capacity of Ships) |
The competent authority shall determine the seating capacity of each excursion ship not subject to the Ship Safety Act, as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> [This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 12 (Duty of Safe Sailing of Excursion Ship Business Operators, etc.) |
| (1) | Each excursion ship business operator and his/her crew members shall take all measures necessary for safe sailing, such as conducting safety inspections of the ship and checking weather conditions, and shall operate the excursion ship safely considering the condition of water surface not to endanger the safety of passengers. |
| (2) | Before sailing, each excursion ship business operator and his/her crew members shall guide passengers on the methods of safe embarkation and disembarkation, matters concerning prohibition of access to dangerous areas of the ship, instructions on the use of life-saving devices, safety-related matters, such as how to cope with emergencies, by video, broadcasting, etc. <Newly Inserted by Act No. 11344, Feb. 22, 2012> |
| (3) | Where an excursion ship business operator and his/her crew members are unlikely to operate their ship normally due to drinking, drug addiction or other reasons, they shall not operate the ship. Cases in which normal operation of a ship is unlikely due to drinking means being under the influence of alcohol as provided for in Article 41 (5) of the Maritime Safety Act. <Amended by Act No. 10801, Jun. 15, 2011> |
| (4) | If necessary for safe sailing, and for a small excursion ship prescribed by Presidential Decree, each excursion ship business operator and his/her crew members shall require all persons on board the ship, including passengers, to wear life jackets. <Amended by Act No. 13441, Jul. 24, 2015> |
| (5) | No excursion ship business operator, his/her crew members, and other employees shall engage in any of the following activities on an excursion ship or at an excursion ship wharf: <Amended by Act No. 11344, Feb. 22, 2012; Act No. 13441, Jul. 24, 2015; Act No. 13751, Jan. 7, 2016; Act No. 14224, May 29, 2016> |
| 2. | To have passengers on board in excess of the seating capacity; |
| 3. | To ask for money and valuables, in addition to fares; |
| 4. | To avoid sailing without just grounds; |
| 5. | To force passengers to board or to refuse to take passengers or to lease an excursion ship without just grounds; |
| 6. | To sell or serve liquors on an excursion ship or to allow passengers to carry liquors on an excursion ship: Provided, That the same shall not apply to sightseeing boats duly registered pursuant to the Tourism Promotion Act (including where a general tourist excursion ship business is deemed registered under Article 3-2), and other excursion ships determined by Presidential Decree; |
| 7. | To engage in any act that undermines public order and good morals, including gambling, singing loudly, and lewd acts; |
| 8. | To sail outside its business hours or to sail outside its business territory or sailing area (if the place to moor the ship or ferry is separated from the business territory, referring to the area between them; hereinafter the same shall apply); |
| 9. | To carry in or transport explosives, inflammables, and other hazardous substances determined by Presidential Decree, along with passengers (excluding where crew members or other employees are able to safely handle them by installing segregated storage facilities for such hazardous substances); |
| 10. | To dump oil, night-soil, or wastes into waters; |
| 11. | To put locks on life-saving appliances or arrangements, including life jackets, life buoys, and lifelines, while the excursion ship is sailing. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 12 (Duty of Safe Sailing of Excursion Ship Business Operators, etc.) |
| (1) | Each excursion ship business operator and his/her crew members shall take all measures necessary for safe sailing, such as conducting safety inspections of the ship and checking weather conditions, and shall operate the excursion ship safely considering the condition of water surface not to endanger the safety of passengers. |
| (2) | Every excursion ship business operator and his/her crew members shall develop a Safety Manual including the following; furnish the excursion ship wharf and cabins and corridors in the excursion ship prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Oceans and Fisheries with the Safety Manual; and advise passengers thereof by showing a video or through the public address system before departure: <Amended by Act No. 15527, Mar. 27, 2018> |
| 1. | How to embark and disembark safely; |
| 2. | Off-limits to dangerous areas of the excursion ship; |
| 3. | Locations of life-saving equipment and how to use it; |
| 4. | How to cope with emergencies; |
| 5. | Other matters deemed necessary regarding safety. |
| (3) | Where an excursion ship business operator and his/her crew members are unlikely to operate their ship normally due to drinking, drug addiction or other reasons, they shall not operate the ship. Cases in which normal operation of a ship is unlikely due to drinking means being under the influence of alcohol as provided for in Article 41 (5) of the Maritime Safety Act. <Amended by Act No. 10801, Jun. 15, 2011> |
| (4) | If necessary for safe sailing, and for a small excursion ship prescribed by Presidential Decree, each excursion ship business operator and his/her crew members shall require all persons on board the ship, including passengers, to wear life jackets. <Amended by Act No. 13441, Jul. 24, 2015> |
| (5) | No excursion ship business operator, his/her crew members, and other employees shall engage in any of the following activities on an excursion ship or at an excursion ship wharf: <Amended by Act No. 11344, Feb. 22, 2012; Act No. 13441, Jul. 24, 2015; Act No. 13751, Jan. 7, 2016; Act No. 14224, May 29, 2016> |
| 2. | To have passengers on board in excess of the seating capacity; |
| 3. | To ask for money and valuables, in addition to fares; |
| 4. | To avoid sailing without just grounds; |
| 5. | To force passengers to board or to refuse to take passengers or to lease an excursion ship without just grounds; |
| 6. | To sell or serve liquors on an excursion ship or to allow passengers to carry liquors on an excursion ship: Provided, That the same shall not apply to sightseeing boats duly registered pursuant to the Tourism Promotion Act (including where a general tourist excursion ship business is deemed registered under Article 3-2), and other excursion ships determined by Presidential Decree; |
| 7. | To engage in any act that undermines public order and good morals, including gambling, singing loudly, and lewd acts; |
| 8. | To sail outside its business hours or to sail outside its business territory or sailing area (if the place to moor the ship or ferry is separated from the business territory, referring to the area between them; hereinafter the same shall apply); |
| 9. | To carry in or transport explosives, inflammables, and other hazardous substances determined by Presidential Decree, along with passengers (excluding where crew members or other employees are able to safely handle them by installing segregated storage facilities for such hazardous substances); |
| 10. | To dump oil, night-soil, or wastes into waters; |
| 11. | To put locks on life-saving appliances or arrangements, including life jackets, life buoys, and lifelines, while the excursion ship is sailing. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 13 (Matters to be Observed by Passengers) |
| (1) | Passengers of an excursion ship shall observe safety rules, and shall be attentive to maintaining orderly sailing and to preventing danger and injury. |
| (2) | No passenger of any excursion ship shall engage in the following activities: <Amended by Act No. 11344, Feb. 22, 2012; Act No. 13441, Jul. 24, 2015> |
| 1. | To demand boarding in excess of the seating capacity; |
| 2. | To refuse to follow directions provided by an excursion ship business operator, crew members, and other employees to wear life jackets and other directions or announcements for the purpose of safe sailing and prevention of danger and injury; |
| 3. | To drink liquors on an excursion ship which does not fall under the proviso to Article 12 (5) 6 or to disturb order on the ship; |
| 4. | To impair the use of lifesaving equipment or other equipment of an excursion ship by damaging or destroying them; |
| 5. | To engage in the conduct provided for in Article 12 (5) 7 or 9; |
| 6. | To enter a place prohibited from passengers' access designated by a captain, such as a wheelhouse or engine room, without the permission of the captain or other employees. |
| (3) | Article 12 (3), (5) 6, and 8 shall apply mutatis mutandis where a passenger rents an excursion ship and steers it by him/herself. <Amended by Act No. 11344, Feb. 22, 2012> |
| (4) | Any passenger who rents an excursion ship and steers it shall carry a communications device to contact with the excursion ship wharf and maintain contact therewith. <Newly Inserted by Act No. 13751, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
CHAPTER III FERRY BUSINESS
| Article 14 (Criteria for Seating Capacity, Loading Capacity, etc. of Ferries) |
The competent authority shall determine the seating capacity, loading weight, and loading capacity of each ferry not subject to the Ship Safety Act, as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> [This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 15 (Preparation of Sailing and Prohibition of Refusal of Sailing) |
| (1) | Each ferry business operator shall be fully prepared for sailing anytime during business hours. |
| (2) | No ferry business operator shall refuse the request of a passenger for sailing or delay sailing except any of the following cases: |
| 1. | Where sailing is deemed dangerous owing to a heavy storm, floods, or other reasons; |
| 2. | Where the sailing concerned is against public peace and order; |
| 3. | Where the ship is out of order or where other justifiable grounds exist. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 16 (Duty of Safe Sailing of Ferry Business Operators, etc.) |
| (1) | Each ferry business operator and his/her crew members shall take all measures necessary for safe sailing, such as conducting safety inspections of the ferry and checking weather conditions, and shall operate the ferry safely considering the condition of the water surface not to endanger the safety of passengers and cargo. |
| (2) | Before sailing, each ferry business operator and his/her crew members shall guide passengers on the methods of safe embarkation and disembarkation, matters concerning the prohibition of access to dangerous areas of the ferry, instructions on the use of life-saving devices, safety-related matters, such as how to cope with emergencies, by video, broadcasting, etc. <Newly Inserted by Act No. 11344, Feb. 22, 2012> |
| (3) | Where a ferry business operator and his/her crew members are unlikely to operate their ferry normally due to drinking, drug addiction, or other reasons, they shall not operate the ferry. Cases in which normal operation of the ferry is unlikely due to drinking means being under the influence of alcohol as provided in Article 41 (5) of the Maritime Safety Act. <Amended by Act No. 10801, Jun. 15, 2011> |
| (4) | If necessary for safe sailing, and for a small ferry prescribed by Presidential Decree, each ferry business operator and his/her crew members shall require all persons on board the boat, including passengers, to wear life jackets. <Amended by Act No. 13441, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 16 (Duty of Safe Sailing of Ferry Business Operators, etc.) |
| (1) | Each ferry business operator and his/her crew members shall take all measures necessary for safe sailing, such as conducting safety inspections of the ferry and checking weather conditions, and shall operate the ferry safely considering the condition of the water surface not to endanger the safety of passengers and cargo. |
| (2) | Every ferry business operator and his/her crew members shall develop a Safety Manual including the following; furnish the ferry wharf and cabins and corridors in the ferry prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Oceans and Fisheries with the Safety Manual; and advise passengers thereof by showing a video or through the public address system before departure: <Amended by Act No. 15527, Mar. 27, 2018> |
| 1. | How to embark and disembark safely; |
| 2. | Off-limits to dangerous areas of the ferry; |
| 3. | Locations of life-saving equipment and how to use it; |
| 4. | How to cope with emergencies; |
| 5. | Other matters deemed necessary regarding safety. |
| (3) | Where a ferry business operator and his/her crew members are unlikely to operate their ferry normally due to drinking, drug addiction, or other reasons, they shall not operate the ferry. Cases in which normal operation of the ferry is unlikely due to drinking means being under the influence of alcohol as provided in Article 41 (5) of the Maritime Safety Act. <Amended by Act No. 10801, Jun. 15, 2011> |
| (4) | If necessary for safe sailing, and for a small ferry prescribed by Presidential Decree, each ferry business operator and his/her crew members shall require all persons on board the boat, including passengers, to wear life jackets. <Amended by Act No. 13441, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
[Enforcement date: Sep. 28, 2018] Article 16 (2)
| Article 17 Deleted. <by Act No. 5629, Jan. 18, 1999> |
| Article 18 (Restrictions, etc. on Boarding or Loading) |
| (1) | No ferry business operator, his/her crew members, and other employees shall engage in the following activities on a ferry or at a ferry wharf: <Amended by Act No. 11344, Feb. 22, 2012; Act No. 13751, Jan. 7, 2016> |
| 1. | To have passengers on board in excess of the seating capacity or to load cargo in excess of the loading weight or loading capacity of a ferry; |
| 2. | To refuse boarding without just grounds; |
| 3. | To demand money and other valuables, other than fares; |
| 4. | To sell or serve liquors on a ferry, or to let liquors carried onto a ferry (excluding where such liquors are loaded only for transportation): Provided, That the same shall not apply to ferries determined by Presidential Decree; |
| 5. | To do lewd acts and other acts harmful to good morals and manners; |
| 6. | To sail outside its business hours or to sail outside its business territory or sailing area; |
| 7. | To throw oil, night soil, or wastes into waters; |
| 8. | To put locks on life-saving appliances or arrangements, including life jackets, life buoys, and lifelines, while the ferry is sailing. |
| (2) | No ferry business operator, his/her crew members, and other employees shall transport any of the following passengers or cargo, with ordinary passengers and cargo: Provided, That this shall not apply where his/her crew members and other employees are able to safely handle them by installing segregated facilities for such passengers or cargo: <Amended by Act No. 14224, May 29, 2016> |
| 3. | Explosives, inflammables, and other hazardous substances determined by Presidential Decree; |
| 4. | Things that may discomfort passengers or cause harm to passengers. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 19 (Matters to be Observed by Ferry Passengers) |
| (1) | Ferry passengers shall observe the safety rules, and shall be attentive to maintaining orderly sailing and to preventing any danger or injury. |
| (2) | Article 13 (2) shall apply mutatis mutandis to ferry passengers. In such cases, "excursion ship business operator" shall be construed as "ferry business operator," "excursion ship" as "ferry," and "excursion ship which does not fall under the proviso to Article 12 (5) 6" in Article 13 (2) 3 as "ferry determined by Presidential Decree pursuant to the proviso to Article 18 (1) 4," respectively. <Amended by Act No. 11344, Feb. 22, 2012> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
CHAPTER IV SAFETY INSPECTION AND SAFETY MANAGEMENT
| Article 20 (Safety Inspections) |
| (1) | Excursion ship/ferry business operators shall have their excursion ships/ ferries (including emergency rescue boats) not subject to the Ship Safety Act inspected for safety by the competent authority. |
| (2) | Matters necessary for the timing, procedures, standards, and fees for safety inspections under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 21 (Formulation, etc. of Safety Management Plans) |
| (1) | Each Mayor/Do Governor or the commander of each regional coast guard shall formulate and implement an annual safety management plan for excursion ships/ferries. <Amended by Act No. 11344, Feb. 22, 2012; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety or the Commissioner of the Korea Coast Guard may determine guidelines necessary for formulating safety management plans for excursion ships/ ferries, and provide guidance and supervision necessary for the implementation thereof. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 22 (Furnishing, etc. of Lifesaving Equipments) |
| (1) | No excursion ship/ferry business operator shall carry out business without furnishing lifesaving equipment or placing lifesaving staff. |
| (2) | Standards for the lifesaving equipment and qualifications and standards for placement of the lifesaving staff under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 23 (Complement, Qualifications, List, etc. of Crew) |
| (1) | The complement of, and criteria for, the crew of an excursion ship/ferry not subject to the Ship Personnel Act shall be determined by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Each excursion ship/ferry business operator shall prepare a list of his/her crew and keep it at his/her place of business, as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 24 (Safety Education for Excursion Ship/Ferry Business Operators, etc.) |
| (1) | Every excursion ship/ferry business operator, his/her crew, and other employees shall complete education necessary for the safe sailing of excursion ships/ferries, as prescribed by Presidential Decree. |
| (2) | Every excursion ship/ferry business operator shall take measures necessary for his/her crew and other employees to complete the aforesaid education, and shall prohibit any crew and employee who have not completed such education from working. <Amended by Act No. 13193. Feb. 3, 2015> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 24-2 (Emergency Preparedness Training for Crew, etc.) |
| (1) | Every excursion ship/ferry business operator shall conduct emergency preparedness training for the following persons working onboard an excursion ship/ferry (excluding persons who have received training in preparation for emergency pursuant to Article 15 (1) of the Seafarers’ Act): |
| (2) | Matters necessary for conducting the emergency preparedness training referred to in paragraph (1), including the types and frequency of such training, shall be prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 13751, Jan. 7, 2016]
| Article 25 (Record, Management, etc. of Departures from and Arrivals at Ports) |
| (1) | To guarantee the safe sailing of excursion ships/ferries, and to prevent danger and injury, each excursion ship/ferry business operator shall record matters concerning departures from and arrivals at ports, and manage such record, as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries, on departures and arrivals (referring to departure from and arrival at a wharf in cases of inland waters) of ships or ferries (including excursion ships/ferries of which business is suspended or operation is halted) prescribed by Presidential Decree. <Amended by Act No. 11344, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13441, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (2) | Each excursion ship/ferry business operator who operates ships or ferries referred to in paragraph (1) shall require passengers boarding such ships or ferries to fill in embarkation cards and submit such cards to him/her, as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 13441, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (3) | Each excursion ship/ferry business operator shall check the identity of every passenger boarding the ship or ferry and details entered on the embarkation cards submitted under paragraph (2), as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 13441, Jul. 24, 2015; Act No. 15527, Mar. 27, 2018> |
| (4) | Each excursion ship/ferry business operator shall ban a passenger from boarding, if the passenger does not fill in and submit an embarkation card under paragraph (2) or refuses to provide identification under paragraph (3) without just cause. <Newly Inserted by Act No. 13441, Jul. 24, 2015; Act No. 15527, Mar. 27, 2018> |
| (5) | Each excursion ship/ferry business operator shall keep the embarkation cards submitted under paragraph (2) for three months. <Newly Inserted by Act No. 13441, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 25-2 (Building and Operating Information System) |
| (1) | The Minister of the Interior and Safety or the Commissioner of the Korea Coast Guard may build and operate an information system necessary for excursion ship/ferry business operators to efficiently perform their business affairs, such as keeping and managing records on arrivals and departures and preparing and submitting the embarkation cards under Article 25. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Matters necessary for building and operating the information system referred to in paragraph (1), including those eligible to use it and the method of use, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13751, Jan. 7, 2016]
| Article 26 (Inspections, etc.) |
| (1) | The competent authority shall order the public officials concerned to carry out an inspection or safety examination of excursion ships/ferries and excursion ship/ferry wharfs, and may allow them to question or require a report or inspect the account and records, etc., for the safe sailing and the prevention of danger and injury. |
| (2) | Subject matters for safety examinations referred to in paragraph (1) and other matters necessary for safety examination shall be determined by Presidential Decree. |
| (3) | Any public official performing an inspection, etc. under paragraph (1) shall carry a certificate indicating his/her authority and produce it to the party concerned. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 27 (Improvement Orders, etc.) |
If particularly deemed necessary for preventing accidents of an excursion ship/ferry, and for promoting the public welfare, the competent authority may order the relevant excursion ship/ferry business operator to: <Amended by Act No. 13441, Jul. 24, 2015; Act No. 15527, Mar. 27, 2018>
| 1. | Limit the seating capacity, loading weight, or loading capacity; |
| 2. | Limit the business hours or the sailing frequency; |
| 3. | Limit the business territory or temporarily suspend business; |
| 4. | Improve or alter the excursion ship/ferry or the excursion ship/ferry wharf, or to restore the same to the original state; |
| 5. | Amend the terms and conditions of sailing; |
| 6. | Fulfill conditions imposed when issuing a license to engage in an excursion ship/ferry business under Article 3 (6); |
| 7. | Maintain and manage the standards for facilities, etc. prescribed under Article 4; |
| 8. | Resume his/her business upon expiration of the suspension period under Article 7 (5); |
| 10. | Other matters necessary for preventing accidents. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 28 (Duty of Lifesaving upon Accident) |
When a boat is capsized, or crashes into another ship or objects, or other accidents occur within his/her business area, an excursion ship/ferry business operator and his/her crew shall take measures necessary for lifesaving.
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 29 (Reporting on Accidents) |
| (1) | In any of the following cases, each excursion ship/ferry business operator and his/her crew shall file a report without delay to the head of a Si/Gun/Gu and to the chief of a police station, or the chief of a coast guard station adjacent thereto: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where a passenger is dead, missing, or severely wounded, or when a passenger is confirmed to have an infectious disease; |
| 2. | Where the excursion ship/ferry is damaged severely owing to collision, stranding, and other accidents, and otherwise the sailing of such ship/ferry is hindered; |
| 3. | Where a bridge, water facility, watermark, milestone, embankment, or any other facility installed on the water surface is destroyed. |
| (2) | Upon receipt of a report filed under paragraph (1), the head of a Si/Gun/Gu and the chief of a police station or the chief of a coast guard station shall report to the competent Mayor/Do Governor or to the commander of a regional coast guard without delay, and shall take measures necessary for controlling the accident, including the lifesaving activities. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 30 (Cooperation of Relevant Agencies) |
The head of a relevant administrative agency, such as a Mayor/Do Governor, head of Si/Gun/Gu, the commander of a regional coast guard, the chief of a coast guard station, and an administrator of regional maritime affairs and port offices, may request cooperation from each other, if necessary for the safe sailing of excursion ships/ferries and the prevention of danger and injury. In such cases, the head of a relevant administrative agency in receipt of a request for cooperation shall comply therewith unless extenuating circumstances exist. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 30-2 (Establishment of Safety Association of Excursion Ships/Ferries) |
| (1) | Excursion ship/ferry business operators may establish a safety association of excursion ships/ferries (hereinafter referred to as “association”) to contribute to the sound development of excursion ship/ferry business and safety of excursion ships/ferries. |
| (2) | The association shall be a corporate body. |
| (3) | The association shall be duly formed when the registration for its establishment is completed at the registry office having jurisdiction over its principal place of business upon obtaining authorization from the Minister of the Interior and Safety or the Commissioner of the Korea Coast Guard after preparing the articles of association, as prescribed by Presidential Decree, and passing a resolution thereon at the inaugural general meeting. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | The association shall engage in the following business activities: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Research and development for the safety of excursion ships/ferries and the sound development of excursion ship/ferry business; |
| 2. | Publicity on, and training for, the safety of excursion ships/ferries; |
| 3. | Prevention of accidents of excursion ships/ferries; |
| 4. | Business activities entrusted by the State or local governments under this Act or other statutes; |
| 5. | Other business activities deemed necessary by the Minister of the Interior and Safety or the Commissioner of the Korea Coast Guard. |
| (5) | In addition to the business activities provided for in the subparagraphs of paragraph (4), the association may engage in the mutual-aid business to compensate for losses or damage suffered by passengers, crew, or employees under Article 33. |
| (6) | The association shall prescribe mutual-aid regulations and obtain approval from the Minister of the Interior and Safety or the Commissioner of the Korea Coast Guard to engage in the mutual-aid business under paragraph (5). The same shall also apply to amendments to the mutual-aid regulations. <Amended by Act No. 14839, Jul. 26, 2017> |
| (7) | The articles of association, business affairs, membership, and supervision of the association, and other necessary matters, shall be prescribed by Presidential Decree. |
| (8) | Except as otherwise expressly prescribed in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the association. |
[This Article Newly Inserted by Act No. 13441, Jul. 24, 2015]
| Article 31 (Sailing Rules) |
| (1) | Matters necessary for the sailing rules for an excursion ship/ferry which is not subject to the Maritime Safety Act shall be prescribed by Presidential Decree. <Amended by Act No. 10801, Jun. 15, 2011> |
| (2) | Every excursion ship/ferry business operator and his/her crew members shall observe the sailing rules. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 32 (Terms and Conditions of Sailing) |
| (1) | Each excursion ship/ferry business operator shall stipulate terms and conditions of sailing, as prescribed by Presidential Decree, and report such terms and conditions to the competent authority at the time he/she applies for a license for his/her business or reports his/her business. The same shall apply where he/she intends to amend the terms and conditions so reported. |
| (2) | Terms and conditions of sailing referred to in paragraph (1) shall include matters prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries, such as conditions of transportation of passengers, cargo, and baggage of the excursion ship/ferry, excursion ship/ferry business operator's liabilities for sailing, the insurance to compensate for losses and membership to a mutual aid association. <Amended by Act No. 13441, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (3) | The competent authority shall give notice to the applicant of its acceptance or rejection of a report or amendment report filed under paragraph (1) within five days of receipt of the report or amendment report. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
| (4) | If the competent authority fails to give notice to the applicant of its acceptance or rejection of a report or an extension of the processing period permitted under the statute governing processing of civil petitions within the period prescribed in paragraph (3), the report shall be deemed to be accepted on the day following the expiry of such period. <Newly Inserted by Act No. 15527, Mar. 27, 2018> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 33 (Purchasing Insurance, etc.) |
| (1) | Each excursion ship/ferry business operator shall purchase insurance or join a mutual aid association to compensation for losses to passengers, crew, and other employees, as prescribed by Presidential Decree. <Amended by Act No. 13751, Jan. 7, 2016> |
| (2) | The amount covered by the insurance or mutual aid association referred to in paragraph (1), the timing for purchasing the insurance or joining the mutual aid association, and other necessary matters, shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13751, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 34 (Fares and Fees) |
| (1) | When an excursion ship business operator intends to fix a boarding fare or rental fee, he/she shall report it to the competent authority, as prescribed by Presidential Decree. The same shall apply where he/she intends modify it. |
| (2) | When a ferry business operator intends to fix a transportation fee, he/she shall report it to the competent authority, as prescribed by Presidential Decree. The same shall apply where he/she intends to modify it. |
| (3) | If a ferry business operator to whom subsidies are paid under Article 36 reports a transportation fee under paragraph (2), the competent authority may require him/her to set a transportation fee which is lower than that for general passengers, for residents of distant islands, flooded areas, or other regions in which the use of a ferry is inevitable due to geographical conditions. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 35 (Posting Fares, etc.) |
Each excursion ship/ferry business operator shall post the following information at the conspicuous places of the excursion ships/ferries, the excursion ship wharf, and the ferry ship wharf where such information is easily visible to all passengers, as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 14839, Jul. 26, 2017>
| 1. | Boarding fares, rental fees, or transportation fees; |
| 2. | Seating capacity (for each type of cabin, if cabins are fell into different types); |
| 3. | Business area and business hours; |
| 4. | Matters to be observed by passengers; |
| 5. | How to wear a life jacket, locations of emergency escapes, and how to escape in an emergency; |
| 6. | Locations where life-saving appliances and fire-fighting equipment are kept. |
[This Article Wholly Amended by Act No. 13751, Jan. 7, 2016]
| Article 36 (Payment, etc. of Subsidies) |
| (1) | If necessary for safe sailing of ferries or for residents' traffic convenience, a local government may fully or partially subsidize expenses incurred by small-scale ferry business operators in replacing old vessels, installing and improving safety facilities, or compensating for loss-making routes. <Amended by Act No. 13751, Jan. 7, 2016> |
| (2) | If the State or a local government deems it necessary to provide financial support to a business operator that intends to build a new excursion ship or ferry because the age of the existing excursion ship or ferry becomes non-compliant with the criteria for the age of the excursion ship or ferry determined under Article 4-2 (1) 1, it may provide a subsidy or loan or arrange a loan for the business operator to cover some of the expenses incurred in building a new excursion ship or ferry. <Newly Inserted by Act No. 13751, Jan. 7, 2016> |
| (3) | Criteria and methods for providing financial support under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13751, Jan. 7, 2016> |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 36-2 (Measures, etc. to Compensate for Losses) |
| (1) | Where a ferry business operator suffers a loss due to the construction of a sea bridge connecting the mainland and an island or a sea bridge connecting islands implemented as part of public works provided for in Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the competent authority shall take necessary measures, such as the supply of data, so that the relevant ferry business operator can accept appropriate compensation from the relevant project implementer with regard to the license or report granted or filed under Article 3. |
[This Article Newly Inserted by Act No. 11344, Feb. 22, 2012]
The competent authority shall hold a hearing before revoking a license for excursion ship/ferry business, or ordering closure or suspension of such business pursuant to Article 9 (1). <Amended by Act No. 11344, Feb. 22, 2012> [This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 38 (Delegation, etc. of Authority) |
| (1) | Each Mayor/Do Governor or the commander of a regional coast guard may delegate part of his/her authority vested under this Act to a subordinate agency, the head of a Si/Gun/Gu, or the chief of a coast guard station, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The competent authority may entrust inspections under Article 20 and education under Article 24 to a relevant specialized agency, as prescribed by Presidential Decree. In such cases, each person who performs entrusted affairs shall be deemed a public official in the application of Articles 129 through 132 of the Criminal Act. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 39 (Penalty Provisions) |
| (1) | Each excursion ship/ferry business operator or his/her crew who fails to take a measure necessary for lifesaving, in violation of Article 28, shall be punished by imprisonment with labor for up to one year, or by a fine not exceeding ten million won. |
| (2) | Each person who causes injury to a third person by committing the crime provided for in paragraph (1) shall be punished by imprisonment with labor for at least one year up to five years. |
| (3) | Each person who causes the death of a third person by committing the crime provided for in paragraph (1) shall be punished by imprisonment with labor for an indefinite term or for at least three years. |
[This Article Newly Inserted by Act No. 13193, Feb. 3, 2015]
CHAPTER VI PENALTY PROVISIONS
| Article 40 (Penalty Provisions) |
Each of the following persons shall be punished by imprisonment with labor for up to one year, or by a fine not exceeding ten million won: <Amended by Act No. 11344, Feb. 22, 2012; Act No. 12798, Oct. 15, 2014; Act No. 13193, Feb. 3, 2015; Act No. 13751, Jan. 7, 2016>
| 1. | A person who engages in an excursion ship/ferry business without obtaining a license or filing a report, in violation of Article 3 (1); |
| 2. | A person who continues engaging in an excursion ship/ferry business after having been ordered to close or suspend such business under Article 9 (1); |
| 3. | A person who fails to give guidance about safety, in violation of Article 12 (2) or 16 (2); |
| 4. | A person who operates an excursion ship or a ferry, in violation of Article 12 (3) or Article 16 (3); |
| 5. | A person who permits passengers to board an excursion ship in excess of its seating capacity, in violation of Article 12 (5) 2; |
| 6. | A person who permits passengers to board a ferry in excess of its seating capacity or a person who loads a ferry in excess of its loading weight or capacity, in violation of Article 18 (1) 1; |
| 7. | A person who operates an excursion ship/ferry without undergoing a safety inspection under Article 20 (1); |
| 9. | A person who refuses, evades, or interferes with an inspection or safety examination under Article 26 (1). |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 41 (Penalty Provisions) |
Each of the following persons shall be punished by imprisonment with labor for up to six months, or by a fine not exceeding five million won: <Amended by Act No. 11344, Feb. 22, 2012; Act No. 13751, Jan. 7, 2016>
| 1. | A person who operates an exclusion ship/ferry despite a severe weather alert, in violation of Article 8 (4) or (6), or violates the restrictions on the operation of an exclusion ship/ferry; |
| 3. | A person who disobeys an order issued under Article 27. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 42 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent, employee or other servant of the corporation or an individual commits an offence under Article 40 or 41 in connection with the business affairs of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be subject to a fine, under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. <Amended by Act No. 13193, Feb. 3, 2015> [This Article Wholly Amended by Act No. 9203, Dec. 26, 2008]
| Article 43 (Administrative Fines) |
| (1) | Each of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended by Act No. 11344, Feb. 22, 2012; Act No. 13193, Feb. 3, 2015; Act No. 13751, Jan. 7, 2016> |
| 1. | A person who violates Article 7 (1), 12 (4), 12 (5) 10, 15 (2), 16 (4), 18 (1) 7, 23 (2), 24-2 (1), 25, 29 (1), 31 (2), 34 (1) or (2), or 35; |
| 2. | A person who violates Article 13 (2) (including where this provision applies mutatis mutandis under Article 19 (2)). |
| (2) | Administrative fines referred to in paragraph (1) shall be imposed and collected by the competent authority, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
| Article 43 (Administrative Fines) |
| (1) | Each of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended by Act No. 11344, Feb. 22, 2012; Act No. 13193, Feb. 3, 2015; Act No. 13751, Jan. 7, 2016; Act No. 15527, Mar. 27, 2018> |
| 1. | A person who violates Article 7 (1), 12 (4), 12 (5) 10, 15 (2), 16 (4), 18 (1) 7, 23 (2), 24-2 (1), 25, 29 (1), 31 (2), 34 (1) or (2), or 35; |
| 2. | A person who violates Article 13 (2) (including where this provision applies mutatis mutandis under Article 19 (2)); |
| 3. | A person who fails to write or furnish a Safety Manual in violation of Article 12 (2) or Article 16 (2). |
| (2) | Administrative fines referred to in paragraph (1) shall be imposed and collected by the competent authority, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10753, May 30, 2011]
[Enforcement date: Sep. 28, 2018] Article 43 (1) 3
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994.
Article 2 (Transitional Measures concerning Report, other Administrative Dispositions, etc.)
Acceptance of a report by an administrative agency, such as the head of a Si/Gun, any act or various reports done or made by any other administrative agency, and any act done to any other administrative agency pursuant to the previous provisions at the time this Act enters into force shall be deemed an act done by or to the administrative agencies pursuant to this Act.
Article 3 (Transitional Measures concerning Terms and Conditions of Sailing, etc.)
The excursion ship/ferry business operator who has reported his/her business under the previous provisions at the time this Act enters into force shall, within the period prescribed by Presidential Decree, apply for the authorization of the terms and conditions of sailing pursuant to the provisions of Article 32, submit the documents related to subscription to the insurance or the mutual aid association pursuant to the provisions of Article 33, and apply for the approval of boarding fares, rental fee, or transportation fees pursuant to the provisions of Article 34. Article 4 (Transitional Measures concerning Application of Penalty Provisions)
In applying the penalty provisions to the acts done before the enforcement of this Act, the previous provisions shall apply.
Article 5 (Relation with other Statutes)
| (1) | The excursion ship/ferry subject to the provisions of this Act shall not be subject to Article 3 (1) 3 of the Ship Safety Act. <Amended by Act No. 5470, Dec. 17, 1997; Amended by Act No. 8221, Jan. 3, 2007> |
| (2) | Where the previous Excursion Ship and Ferry Business Act is quoted or applied mutatis mutandis in other statutes at the time this Act enters into force, and where provisions corresponding thereto exist in this Act, this Act or relevant provisions of this Act shall be considered to be quoted or applied mutatis mutandis, respectively, in lieu of the previous provisions. |
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force within 30 days after the date of its promulgation, on the enforcement date of the Presidential Decree on the Organization of the Ministry of Maritime Affairs and Fisheries and the National Maritime Police Administration pursuant to the amended provisions of Article 41. Articles 2 through 4 Omitted.
ADDENDA <Act No. 5204, Dec. 30, 1996>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability to Notice of Replacement, Dismissal, etc. of Seamen) The amended provisions of Article 23 (2) shall apply beginning with the matters to be reported occurring after the enforcement of this Act. |
| (3) | (Transitional Measures concerning Change of Terms and Conditions of Sailing) The excursion ship/ferry business operator at the time this Act enters into force shall obtain from a Mayor/Do governor or from the Commissioner of the National Maritime Police Administration authorization of the matters related to the subscription to the insurance and mutual aid association upon inclusion thereof into the term and conditions of sailing, within three months after the enforcement of this Act. |
| (4) | (Transitional Measures concerning Report on Fares, etc.) The boarding fares or the rental fee of the excursion ships, which are approved by a Mayor/Do governor or by the Commissioner of the National Maritime Police Administration before the enforcement of this Act, shall be considered to have been reported pursuant to the amended provision of Article 34 (1). |
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.
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. 5629, Jan. 18, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Report on Terms and Conditions of Sailing) The terms and conditions of sailing authorized or transportation fees approved under the previous provisions at the time this Act enters into force shall be deemed to be reported under the amended provisions of Articles 32 (1) and 34 (2). |
| (3) | (Transitional Measures concerning Penalty Provisions) The application of penalty provisions for acts done before this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 7186, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7412, Mar. 24, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3-2, 3-3 and 9-2 shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Safety Inspection of Emergency Rescue Boat) The amended provisions of Article 20 shall apply beginning with the first safety inspection conducted after the enforcement of this Act. |
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 7985, Sep. 22, 2006>
This Act shall enter into force on the date of its promulgation.
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. 8260, Jan. 19, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 24 Omitted.
ADDENDA <Act No. 8343, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8380, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 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. 9095, Jun. 5, 2008>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning License, Reporting and Ongoing Acts under Previous Provisions) Administrative dispositions performed pursuant to the previous provisions as at the time this Act enters into force, activities performed by other administrative agencies, applications and reports made to administrative agencies, and other activities shall be deemed activities performed by administrative agencies and activities in relation to administrative agencies pursuant to this Act. |
ADDENDUM <Act No. 9203, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9847, Dec. 29, 2009>.
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 10432, Mar. 7, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10753, May 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10801, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11344, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions or administrative fines for acts done before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12798, Oct. 15, 2014>
This Act shall enter into force on the date of its promulgation.
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 the amended parts of the Acts promulgated before this Act enters into force, but the enforcement dates of which have not arrived, among Acts amended under Article 6 of this Addenda, shall enter into force from the respective enforcement dates of the relevant Acts.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13064, Jan. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13193, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4-2 and 9 shall enter into force one year after the date of its promulgation. Article 2 (Applicability to Limits on Ages of Excursion Ships/Ferries)
The amended provisions of Articles 4-2 and 9 (1) 8 shall begin to apply from the first excursion ship/ferry business licensed or reported after this Act enters into force. Article 3 (Transitions Measures concerning Excursion Ship/Ferry Businesses Already Licensed or Reported)
| (1) | Each excursion ship/ferry business operator who has obtained a license or has filed a report as at the time this Act enters into force shall be equipped with ships or ferries meeting the criteria under Article 4-2 (1) 1 within seven years after this Act enters into force. |
| (2) | Where a license or report is renewed because the valid period of an excursion ship/ferry business licensed or reported as at the time this Act enters into force has expired within seven years after this Act enters into force, the relevant business operator shall be equipped with ships or ferries meeting the criteria under Article 4-2 (1) 1 within seven years after this Act enters into force. |
Article 4 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions or administrative fines for violations committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 13441, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Consultation or Notification when Applying for Business Licenses or Reporting)
The former provisions shall apply to filing an application for a license, or a report, to engage in excursion ship/ferry business under Article 3 (1) before this Act enters into force, notwithstanding the amended provisions of Article 3 (2) and (3). Article 3 (Transitional Measures concerning Suspension Period of Excursion Ship/Ferry Business)
Where an excursion ship/ferry business operator has been suspending its business as at the time this Act enters into force, the period of suspension referred to in the amended provisions of Article 7 (2) shall be calculated from the date this Act enters into force. Article 4 (Transitional Measures concerning Terms and Conditions of Sailing)
Each excursion ship/ferry business operator, who stipulated the terms and conditions of sailing and has reported the same to the competent authority under the former provisions before this Act enters into force, shall amend such terms and conditions in compliance with the amended provisions of Article 32 (2) and report the same to the competent authority under the latter part of Article 32 (1).
ADDENDA <Act No. 13751, Jan. 7, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Administrative Measures)
The amended provisions of Article 9 (1) 7 shall apply, beginning with the first violation committed after this Act enters into force. Article 3 (Transitional Measures concerning Change of Competent Authorities)
Licenses issued by, reports accepted by, and other acts done by, the chief of a regional headquarters of the Korea Coast Guard, being the competent authority to issue licenses and accept reports in relation to excursion ship/ferry business, where the business territory spans the jurisdiction of at least two coast guard stations and the sailing distance is at least five nautical miles as referred to in the proviso to the former Article 3 (1) 3, and applications for licenses and reports filed with, and other acts done towards, the chief of a regional headquarters of the Korea Coast Guard, before this Act enters into force, shall be deemed acts done by or towards the chief of the coast guard station under the amended provisions of Article 3 (1) 3. <Amended by Act No. 15527, Jul. 26, 2017> Article 4 (Transitional Measures concerning Incompetent Persons, etc.)
A person already declared incompetent or quasi-incompetent under Article 2 of the Addenda to the partial amendment to the Civil Act (Act No. 10429) shall be deemed a person under adult guardianship, or a person under limited guardianship referred to in the amended provisions of Article 6 (1) 1. Article 5 (Transitional Measures concerning Penalty Surcharges)
The imposition of a penalty surcharge for a violation committed before this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 9-2 (1).
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 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.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
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. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. Provided, That the provisions amending any Act that was promulgated before this Act enters into force but has yet to enter into force, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the respective date the relevant Act enters into force.
Articles 2 through 7 Omitted.
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 provisions amending any Act that was promulgated before this Act enters into force but has yet to enter into force, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the respective date the relevant Act enters into force. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15527, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, That the amended provisions of Article 12 (2), 16 (2), and 43 (1) 3 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Filing Reports or Amendment Reports on Excursion Ship/Ferry Business)