HARBOR TRANSPORT BUSINESS ACT
Act No. 1404, Sep. 19, 1963
Amended by Act No. 2875, Dec. 31, 1975
Act No. 3011, Dec. 16, 1977
Act No. 3714, Dec. 31, 1983
Act No. 4358, Mar. 8, 1991
Act No. 4573, Aug. 5, 1993
Act No. 4925, Jan. 5, 1995
Act No. 5335, Apr. 10, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5919, Feb. 8, 1999
Act No. 6305, Dec. 29, 2000
Act No. 6627, Jan. 26, 2002
Act No. 6890, May 27, 2003
Act No. 7428, Mar. 31, 2005
Act No. 8379, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8981, Mar. 21, 2008
Act No. 9732, May 27, 2009
Act No. 9773, jun. 9, 2009
Act No. 10219, Mar. 31, 2010
Act No. 11595, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12546, Mar. 24, 2014
Act No. 14511, Dec. 27, 2016
Act No. 14476, Dec. 27, 2016
Act No. 15011, Oct. 31, 2017
Act No. 16161, Dec. 31, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to establish order concerning harbor transport and to promote public welfare through the sound development of harbor transport business.
[This Article Wholly Amended by Act No. 9742, May 27, 2009]
| (1) | The term “harbor transport” in this Act means any of the following acts that are conducted to meet another person’s needs: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Taking over freight transported by ship from a ship in the harbor by entrustment of a shipper or shipping service business owner or delivering freight to a shipper; |
| 2. | Taking over freight to be transported by ship from a shipper in the harbor by entrustment of a shipper or shipping service business operator or delivering freight to a ship; |
| 3. | Conducting activities, in series, referred to in subparagraphs 4 through 13 before or after an act referred to in subparagraph 1 or 2; |
| 4. | Freight loading on or unloading from a ship in the harbor; |
| 5. | Transporting freight by ship or barge in the harbor, transporting freight by barge or sailing boat between a harbor prescribed by Ordinance of the Ministry of Oceans and Fisheries and a place, other than a harbor, (hereinafter referred to as “designated section”), and sailing by tugboat towing a barge or a log raft in the harbor or the designated section: Provided, That transport falling under any of the following items shall be excluded: |
| (b) | Transport of freight concomitant with transport of passengers by passenger ship of a marine passenger transport business owner pursuant to the Marine Transportation Act; |
| (c) | Transport prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 6. | Taking freight transported by ship or barge in a warehouse or on the loading dock in the harbor (excluding a wood yard on the surface of the water; hereinafter the same shall apply); |
| 7. | Taking freight to be transported by ship or barge out of the loading dock in the harbor; |
| 8. | Loading, unloading or storing freight pursuant to subparagraph 6 or 7 on the loading dock in the harbor; |
| 9. | Loading freight pursuant to subparagraph 6 or 7 on or unloading from a barge in the harbor; |
| 10. | Carrying timber on a float by log raft in the harbor or in the designated section; |
| 11. | Taking timber carried on a float by log raft in a wood yard on the surface of the water or taking timbers transported by ship or barge in a wood yard on the surface of the water in the harbor; |
| 12. | Taking timber to be carried on a float by log raft out of a wood yard on the surface of the water or taking timber to be transported by ship or barge out of a wood yard on the surface of the water; |
| 13. | Loading, unloading or storing timbers pursuant to subparagraph 11 or 12 in a wood yard on the surface of the water in the harbor; |
| 14. | When loading or unloading freight shipped, calculating the number of freight thereof or certifying delivery or taking over the freight (hereinafter referred to as “tallying”); |
| 15. | Certifying, investigating and appraising (hereinafter referred to as “appraisal”) in connection with freight shipped and a ship (including a barge); |
| 16. | When loading or unloading freight shipped, calculating or certifying measurement or weight of the freight (hereinafter referred to as “weighing”). |
| (2) | The term “harbor transport business” in this Act means the business of doing transportation service in harbors regardless of whether it is for profit making. |
| (3) | The term “harbor” in this Act means any of the following harbors: <Amended by Act No. 9773, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | A harbor (including harbor facilities) prescribed by Ordinance of the Ministry of Oceans and Fisheries of the harbors under subparagraph 1 of Article 2 of the Harbor Act; |
| 2. | A designated harbor (including harbor facilities), the waters of which are prescribed by Ordinance of the Ministry of Oceans and Fisheries as a harbor, other than harbors under subparagraph 1 of Article 2 of the Harbor Act; |
| 3. | Harbor facilities designated and publicly notified by the Minister of Oceans and Fisheries under subparagraph 5 of Article 2 of the Harbor Act. |
| (4) | The term “harbor transport-related business” in this Act means the business of providing goods or services to ships in the harbor, which includes harbor service business, ship chandling business, bunker fuel supplying business, ship repairing business, and container repairing business; and details of each type of business shall be prescribed by Presidential Decree. In such cases, providing supplies for ships being built or other man-made or similar structures at sea is included in the scope of the ship chandling business. <Amended by Act No. 15011, Oct. 31, 2017> |
| (5) | The term “tallyman” in this Act means a person engaged in tallying as an occupation, the term “appraiser” in this Act means a person engaged in appraisal as an occupation, and the term “weighman” in this Act means a person engaged in weighing as an occupation. |
| (6) | The term “terminal operating company” in this Act means a person who enters into a terminal operating agreement pursuant to Article 26-6 (1) with a harbor facility operator prescribed in the main sentence of Article 30 (1) of the Harbor Act or a Port Authority established under the Port Authority Act (hereinafter referred to as “harbor facility operator or similar entity”) to lease and use harbor facilities defined in subparagraph 5 of Article 2 of the Harbor Act and equipment, appurtenant facilities and associated facilities necessary for operating the harbor facilities in package, to provide stevedoring services referred to in subparagraph 1 of Article 3 and services incidental thereto: Provided, That this term does not include the following persons: <Newly Inserted by Act No. 14511, Dec. 27, 2016> |
| 1. | A person who uses a harbor facility designated and publicly notified as container terminal by the Minister of Oceans and Fisheries, under a lease agreement entered into with any Port Authority established under the Port Authority Act; |
| 2. | A person who leases and uses any other port facilities publicly notified by the Minister of Oceans and Fisheries as the Minister deems that such port facilities are inappropriate to be operated by a terminal operating company for such a reason as exclusively used for specific cargo. |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 3 (Types of Business) |
Types of harbor transport business shall be as follows:
| 1. | Harbor loading and unloading business (the business of performing acts referred to in Article 2 (1) 1 through 13); |
| 2. | Tallying business (the business of performing acts referred to in Article 2 (1) 14); |
| 3. | Appraising business (the business of performing acts referred to in Article 2 (1) 15); |
| 4. | Weighing business (the business of performing acts referred to in Article 2 (1) 16). |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
CHAPTER II HARBOR TRANSPORT BUSINESS
| Article 4 (Registration of Business) |
| (1) | Any person who intends to conduct harbor transport business shall register it with the Minister of Oceans and Fisheries by type of business pursuant to Article 3. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Harbor loading and unloading business referred to in subparagraph 1 of Article 3 and tallying business referred to in subparagraph 2 of the same Article shall be registered by harbor. |
| (3) | Registration of harbor loading and unloading business referred to in subparagraph 1 of Article 3 shall be made classified by limited loading and unloading business registered classified by user, handling freight or harbor facilities referred to in subparagraph 5 of Article 2 of the Harbor Act, and by other general loading and unloading business. <Amended by Act No. 9773, Jun. 9, 2009> |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 5 (Application for Registration) |
| (1) | Any person who intends to apply for registration of harbor transport business shall submit an application for registration with a business plan attached thereto 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) | When the Minister of Oceans and Fisheries has received an application for registration pursuant to paragraph (1), if it is deemed that such application meets requirements for registration after examining a business plan and registration criteria referred to in Article 6, he or she shall deliver a certificate of registration, 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. 9732, May 27, 2009]
| Article 6 (Criteria for Registration) |
The criteria for facilities, capital, labor or such required for registration pursuant to Article 4 shall be prescribed by Presidential Decree: Provided, That for limited loading and unloading business under Article 4 (3), the Minister of Oceans and Fisheries may lighten the criteria for registration taking characteristics of users, handling freight or harbor facilities into consideration. <Amended by Act No. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 7 (Qualification and Registration of Tallyman) |
| (1) | Any person who intends to be a tallyman, appraiser, or weighman (hereinafter referred to as “tallyman or such”) shall pass a qualifying examination executed by the Minister of Oceans and Fisheries and register as a tallyman or such with 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) | A person who falls under any of the grounds for disqualification prescribed in Article 8, as of the date of a qualifying examination for tallyman or such, shall not be allowed to apply for a qualifying examination for tallyman or such. <Newly Inserted by Act No. 16161, Dec. 31, 2018> |
| (3) | Matters necessary for qualifications for applying for, subjects, methods or such of a qualifying examination pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 16161, Dec. 31, 2018> |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 7-2 (Sanctions for Cheating in Examinations) |
| (1) | The Minister of Oceans and Fisheries shall take a disposition suspending or nullifying a qualifying examination for tallymen or such conducted under Article 7 (1) in which a person has engaged in cheating behaviors; and shall place restrictions on his or her eligibility to take the same type of qualifying examination for three years from the date such disposition is taken. |
| (2) | The Minister of Oceans and Fishers shall provide an opportunity to explain for a person who has engaged in cheating behaviors by giving notice of the details of a disposition prescribed in paragraph (1) and grounds therefor before taking the disposition. |
[This Article Newly Inserted by Act No. 14511, Dec. 27, 2016]
| Article 8 (Grounds for Disqualification) |
None of the following persons may obtain the qualification as tallyman, etc.: <Amended by Act No. 14511, Dec. 27, 2016>
| 2. | A person under adult guardianship or limited guardianship; |
| 3. | A person in whose case three years have not passed since her/her imprisonment without labor or heavier punishment declared by a court for a violation of this Act or the Customs Act was completely executed (including where such imprisonment without labor or heavier punishment is deemed completely executed) or exempted; |
| 4. | A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court for a violation of this Act or the Customs Act; |
| 5. | A person in whose case two years have not passed since his or her qualification as tallyman, etc. was revoked. |
[This Article Newly Inserted by Act No. 11595, Dec. 18, 2012]
| Article 8-2 (Prohibition on Lending Qualification Certificates) |
| (1) | No tallyman, etc. shall permit any third person to perform the duties of tallyman, etc. using his or her name, or transfer or lend his or her qualification certificate as tallyman, etc. to any third person. |
| (2) | No person shall acquire or borrow any third person’s qualification certificate as tallyman, etc. for use. |
[This Article Newly Inserted by Act No. 11595, Dec. 18, 2012]
| Article 8-3 (Revocation of Qualification) |
| (1) | The Minister of Oceans and Fisheries shall revoke the qualification of a tallyman, etc. in any of the following circumstances: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where the tallyman, etc. has acquired his or her qualification by fraudulent or other illegal means; |
| 2. | Where the tallyman, etc. has permitted any third person to perform the duties of tallyman, etc. using his or her name or has transferred or lent his or her qualification certificate to any third person, or a person who has acquired or borrowed any third person’s qualification certificate as tallyman, etc., in violation of Article 8-2 (1). |
| (2) | The Minister of Oceans and Fisheries shall give a public notice, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, upon revoking the qualification of a tallyman, etc. under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11595, Dec. 18, 2012]
| Article 9 (Cancellation of Registration) |
The Minister of Oceans and Fisheries shall cancel the registration of a tallyman or such, if: <Amended by Act No. 14511, Dec. 27, 2016>
| 1. | The tallyman or such closes his or her business; |
| 2. | The tallyman or such dies. |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 10 (Freight Charges and Fees) |
| (1) | Any person who has registered harbor loading and unloading business shall determine freight charges and fees as prescribed by Ordinance of the Ministry of Oceans and Fisheries and obtain approval thereof from the Minister of Oceans and Fisheries. The same shall also apply when he or she changes them. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Notwithstanding paragraph (1), any person who has registered harbor loading and unloading business shall determine freight charges and fees for freight loaded and unloaded in harbor facilities designated by Ordinance of the Ministry of Oceans and Fisheries or for freight falling under items designated by Ordinance of the Ministry of Oceans and Fisheries, and report them to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply when he or she changes them. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Any person who has registered tallying business, appraising business or weighing business (hereinafter referred to as “tallying business or such”) shall determine fees as prescribed by Ordinance of the Ministry of Oceans and Fisheries and make, in advance, a report thereof to the Minister of Oceans and Fisheries. The same shall also apply when he or she changes them. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Upon receiving a report prescribed in paragraph (2), the Minister of Oceans and Fisheries shall notify the relevant reporter of whether the report has been accepted within 30 days from the date of receipt; and in cases of receiving a report prescribed in paragraph (3), such notification shall be made by the Minister of Oceans and Fisheries within 14 days from the date of receipt. <Newly Inserted by Act No. 16161, Dec. 31, 2018> |
| (5) | Where the Minister of Oceans and Fisheries fails to notify the reporter of whether his or her report has been accepted or the extension of its processing period pursuant to the statutes related to processing civil petitions within the period prescribed in paragraph (4), the report shall be deemed accepted on the day following the end of such period (where the processing period is extended or re-extended pursuant to the statutes related to processing civil petitions, referring to such extended period). <Newly Inserted by Act No. 16161, Dec. 31, 2018> |
| (6) | If necessary for granting approval under paragraph (1), the Minister of Oceans and Fisheries may organize and operate a consultative group comprised of interested parties, including shipping service business owners and terminal operating companies, in order to calculate standard freight charges and fees. <Newly Inserted by Act No. 12546, Mar. 24, 2014; Amended by Act No. 14511, Dec. 27, 2016; Act No. 16161, Dec. 31, 2018> |
| (7) | With respect to freight charges and fees reported pursuant to paragraph (2) or (3), when the Minister of Oceans and Fisheries deems it necessary for sound development of harbor transport business and promotion of public welfare, he or she may issue orders to take necessary measures for change or adjustment of freight charges and fees. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16161, Dec. 31, 2018> |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Articles 11 through 22 Deleted. <by Act No. 5919, Feb. 8, 1999> |
| Article 23 (Succession to Rights and Duties) |
| (1) | Any person who falls under any of the following subparagraphs shall succeed to rights and duties according to registration of any person who has registered harbor transport business (hereinafter referred to as "harbor transport business owner") pursuant to Article 4: |
| 1. | Where a harbor transport business owner died: His or her successor; |
| 2. | Where a harbor transport business owner has transferred the business: The transferee of the business; |
| 3. | Where a harbor transport business owner who is a juristic person has merged: The juristic person who survives the merger or the juristic person incorporated by the merger. |
| (2) | Any person who has taken over the entire facilities and equipment of harbor transport business according to any of the following formalities shall succeed to rights and duties of the previous harbor transport business owner: <Amended by Act No. 10219, Mar. 31, 2010; Act No. 14476, Dec. 27, 2016> |
| 4. | Other formalities corresponding to the provisions of subparagraphs 1 through 3. |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Articles 24 and 25 Deleted. <by Act No. 5919, Feb. 8, 1999> |
| Article 26 (Suspension of Business and Revocation of Registration) |
| (1) | Where a harbor transport business owner falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke the registration of the harbor transport business or order the suspension of the harbor transport business with a fixed period not exceeding six months: Provided, That where he or she falls under subparagraph 5 or 6, the Minister of Oceans and Fisheries shall revoke the registration: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where a harbor transport business owner receives freight charges and fees different from those approved or reported, without any justifiable ground; |
| 2. | Where a harbor transport business owner fails to meet the standards for registration pursuant to Article 6; |
| 3. | Where a harbor transport business owner or the representative thereof has been prosecuted or has received disposition of notification because it or he or she committed an offense falling under any of offenses prescribed in Articles 269 through 271 of the Customs Act; |
| 4. | Where a harbor transport business owner has no business performance for not less than one year; |
| 5. | Where a harbor transport business owner has registered business by wrongful means; |
| 6. | Where a harbor transport business owner continues running business in the suspension period, in violation of an order for the suspension of business. |
| (2) | The standards and formalities for disposition pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 26-2 Deleted. <by Act No. 5335, Apr. 10, 1997> |
CHAPTER II-2 HARBOR TRANSPORT-RELATED BUSINESS
| Article 26-3 (Registration of Business) |
| (1) | A person who intends to operate a harbor transport-related business shall register with the Minister of Oceans and Fisheries by port and by business category, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That a person who intends to operate a ship chandling business shall report 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; Act No. 14511, Dec. 27, 2016; Act No. 15011, Oct. 31, 2017> |
| (2) | A person who intends to file for registration of harbor transport-related business pursuant to the main sentence of paragraph (1) shall file an application for registration with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, along with a business plan and related documents including a list of equipment the person intends to use. <Newly Inserted by Act No. 14511, Dec. 27, 2016> |
| (3) | A person registered to operate bunker fuel supplying business pursuant to the main sentence of paragraph (1), which is included in the scope of harbor transport-related business, shall report a modification of his or her business plan to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, to add equipment the person intends to use or to modify any matter prescribed by Fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries regarding his or her business plan. <Newly Inserted by Act No. 14511, Dec. 27, 2016; Act No. 15011, Oct. 31, 2017> |
| (4) | Upon receiving a report prescribed in the proviso of paragraph (1), the Minister of Oceans and Fisheries shall notify the relevant reporter of whether the report has been accepted within six days from the date of receipt; and in cases of receiving a report prescribed in paragraph (3), such notification shall be made by the Minister of Oceans and Fisheries within five days from the date of receipt. <Newly Inserted by Act No. 16161, Dec. 31, 2018> |
| (5) | Where the Minister of Oceans and Fisheries fails to notify the reporter of whether his or her report has been accepted or the extension of its processing period pursuant to the statutes related to processing civil petitions within the period prescribed in paragraph (4), the report shall be deemed accepted on the day following the end of such period (where the processing period is extended or re-extended pursuant to the statutes related to processing civil petitions, referring to such extended period). <Newly Inserted by Act No. 16161, Dec. 31, 2018> |
| (6) | Operations of ship chandling business reported under the proviso to paragraph (1) are permitted within harbor facilities referred to in any subparagraph of Article 2 (3); and a bunkering vessel registered to provide coastal cargo transportation services pursuant to Article 24 (1) of the Marine Transportation Act (limited to vessels subject to no restriction on their operating areas) shall be subject to no restriction on its operating area. <Newly Inserted by Act No. 15011, Oct. 31, 2017; Act No. 16161, Dec. 31, 2018> |
| (7) | Requirements for capital, facilities, and equipment to be satisfied to register or report pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 16161, Dec. 31, 2018> |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
≪Enforcement Date: Oct. 31, 2017≫ Amendments to Article 26-3 (4) regarding lifting restrictions on operating areas of bunkering vessels registered to provide coastal cargo transportation services
| Article 26-4 (Succession to Rights and Duties) |
Any person who falls under any of the following subparagraphs shall succeed to rights and duties according to registration or report of any person who has registered or made a report of harbor transport-related business (hereinafter referred to as “harbor transport-related business owner”):
| 1. | Where a harbor transport-related business owner died: His or her successor; |
| 2. | Where a harbor transport-related business owner has transferred the business: The transferee of the business; |
| 3. | Where a harbor transport-related business owner who is a juristic person has merged: The juristic person who survives the merger or the juristic person incorporated by the merger. |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 26-5 (Revocation of Registration) |
| (1) | Where a harbor transport-related business entity falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke the registration thereof, or issue an order fully or partially suspending its business for a prescribed period not exceeding six months: Provided, That where the harbor transport-related business entity falls under subparagraph 3 or 5, the Minister of Oceans and Fisheries shall order the revocation of registration: <Amended by Act No. 14511, Dec. 27, 2016; Act No. 15011, Oct. 31, 2017; Act No. 16161, Dec. 31, 2018> |
| 1. | Where the harbor transport-related business entity falls under Article 26 (1) 3; |
| 1-2. | Where the harbor transport-related business entity adds equipment or modifies any matter prescribed by Fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries regarding its business plan; |
| 2. | Where the harbor transport-related business entity fails to meet the standards for registration or report pursuant to Article 26-3 (7); |
| 3. | Where the harbor transport-related business entity has registered business or made a report thereof by wrongful means; |
| 4. | Where the harbor transport-related business entity has no business performance for not less than one year; |
| 5. | Where the harbor transport-related business entity continues running business in the suspension period in violation of an order for the suspension of business. |
| (2) | The standards and formalities for disposition pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
CHAPTER II-3 OPERATION OF TERMINAL OPERATING COMPANIES
| Article 26-6 (Entering into Terminal Operating Agreement) |
| (1) | A harbor facility operator or similar entity may enter into a terminal operating agreement with a person selected by it from among those persons meeting requirements prescribed by Ordinance of the Ministry of Oceans and Fisheries, if necessary for improving efficiency in harbor operations and productivity of harbor transport business. |
| (2) | A terminal operating agreement entered into under paragraph (1) (hereinafter referred to as “terminal operating agreement”) shall include the following: |
| 1. | Scope of harbor facilities, equipment, appurtenant facilities, and associated facilities (hereafter referred to as “harbor facilities and associated facilities” in this Chapter) that a terminal operating company intends to lease and use under the terminal operating agreement; |
| 2. | The terminal operating company’s cargo volume plan and investment plan it intends to handle and make during the term of the terminal operating agreement by leasing and using harbor facilities and associated facilities, and a clause relating to a penalty payable by the terminal operating company for its failure to implement the cargo volume plan and investment plan; |
| 3. | Leasing charges for harbor facilities and associated facilities, set according to standards prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 4. | Term of the terminal operating agreement; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries regarding the use and operation of harbor facilities and associated facilities by the terminal operating company. |
| (3) | Except as otherwise expressly provided for in paragraphs (1) and (2), procedures for selecting terminal operating companies, renewal of terminal operating agreements, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 14511, Dec. 27, 2016]
| Article 26-7 (Imposing Penalty for Failure to Implement Cargo Volume Plan or Investment Plan) |
| (1) | A harbor facility operator or similar entity may impose a penalty on a terminal operating company, if the terminal operating company fails to implement its cargo volume plan or investment plan referred to in Article 26-6 (2) 2: Provided, That the terminal operating company is subject to no penalty, if the failure to implement its cargo volume plan or investment plan is due to any fault or cause not attributable to it. |
| (2) | Failure subject to the penalty, a period for which the penalty is imposed, and matters necessary for calculating and paying the penalty, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 14511, Dec. 27, 2016]
| Article 26-8 (Evaluating Performance of Terminal Operating Company) |
| (1) | The Minister of Oceans and Fishers may annually evaluate the performances of terminal operating companies to improve efficiency in harbor operations. |
| (2) | A harbor facility operator or similar entity may grant a full or partial reduction of leasing charges for harbor facilities and associated facilities to terminal operating companies based on findings from the evaluation conducted under paragraph (1) or take other necessary measures. |
| (3) | Subject matter and items to be evaluated under paragraph (1), methods and procedures for evaluation, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 14511, Dec. 27, 2016]
| Article 26-9 (Termination of Terminal Operating Agreement) |
| (1) | A harbor facility operator or similar entity may terminate a terminal operating agreement, if: |
| 1. | It becomes impracticable to continue leasing harbor facilities and associated facilities to the terminal operating company for serving public interest, such as for implementing a harbor redevelopment project defined in subparagraph 8 of Article 2 of the Harbor Act; |
| 2. | The terminal operating company defaults on lease charges for harbor facilities and associated facilities for at least three months; |
| 3. | It cannot keep the terminal operating agreement due to the destruction of harbor facilities and associated facilities or other causes prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | A harbor facility operator or similar entity shall give written notice of its intention to the terminal operating company, if it intends to terminate the terminal operating agreement pursuant to paragraph (1). |
[This Article Newly Inserted by Act No. 14511, Dec. 27, 2016]
| Article 26-10 (Use of Harbor Facilities by Terminal Operating Company) |
Except as otherwise expressly provided for in this Act, the Harbor Act or the Port Authority Act shall apply to terminal operating companies regarding the use of harbor facilities. [This Article Newly Inserted by Act No. 14511, Dec. 27, 2016]
CHAPTER III SUPPLEMENTARY PROVISIONS
| Article 27 Deleted. <by Act No. 5919, Feb. 8, 1999> |
| Article 27-2 (Temporary Business in Unregistered Harbor) |
| (1) | Where a harbor transport business owner or harbor transport-related business owner intends to temporarily engage in business activities in a harbor in which he or she has not registered due to inevitable reasons prescribed by Presidential Decree, he or she shall report thereon, in advance, to the Minister of Oceans and Fisheries. <Amended by Act No.14511, Dec. 27, 2016> |
| (2) | Upon receiving a report prescribed in paragraph (1), the Minister of Oceans and Fisheries shall notify the relevant reporter of whether the report has been accepted within three days from the date of receipt. <Newly Inserted by Act No. 16161, Dec. 31, 2018> |
| (3) | Where the Minister of Oceans and Fisheries fails to notify the reporter of whether his or her report has been accepted or the extension of its processing period pursuant to the statutes related to processing civil petitions within the period prescribed in paragraph (2), the report shall be deemed accepted on the day following the end of such period (where the processing period is extended or re-extended pursuant to the statutes related to processing civil petitions, referring to such extended period). <Newly Inserted by Act No. 16161, Dec. 31, 2018> |
| (4) | Necessary matters concerning conditions and procedures for reporting, and matters to be observed by a reporter or such according to specific characters by type of business of temporary business pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 16161, Dec. 31, 2018> |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 27-3 (Education and Training for Harbor Transportation Workers) |
| (1) | Persons who engage in accident-prone activities prescribed by Ordinance of the Ministry of Oceans and Fisheries among those engaging in harbor transport business or harbor transport-related business shall undergo education and training provided by the Minister of Oceans and Fisheries. |
| (2) | The Minister of Oceans and Fishers shall forbid any person who fails to undergo education and training required under paragraph (1) from engaging in activities prescribed by Ordinance of the Ministry of Oceans and Fisheries regarding harbor transport business or harbor transport-related business, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the same shall not apply if such person fails to undergo the education and training for any just cause. |
| (3) | Details of and methods for the education and training referred to in paragraph (1), the valid term thereof, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 14511, Dec. 27, 2016]
| Article 27-4 (Establishment of Educational and Training Institution) |
| (1) | In order to provide education and training on harbor transport, harbor safety or such to those who are employed by or provide services to the harbor transport business owner or harbor transport-related business owner, an educational and training institution may be established as prescribed by Presidential Decree. |
| (2) | An educational and training institution shall be a juristic person. |
| (3) | An educational and training institution shall be established by registration of the establishment at the seat of its main office with approval thereof from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Necessary matters concerning persons subject to education and training, education and training courses, details of education and training or such shall be prescribed by Presidential Decree. |
| (5) | Expenses incurred in operation of an educational and training institution shall, as prescribed by Presidential Decree, be borne by a harbor transport business owner, a harbor transport-related business owner and those who receive the relevant education and training. |
| (6) | Except as provided for in this Act, the provisions on incorporated associations of the Civil Act shall apply to educational and training institutions. |
| (7) | Necessary matters concerning the operation, articles of association, supervision or such of educational and training institutions shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 27-5 Deleted. <by Act No. 5919, Feb. 8, 1999> |
| Article 27-6 (Penalty Surcharges) |
| (1) | Where the Minister of Oceans and Fisheries gives a disposition of suspension of business to a harbor transport business owner or harbor transport-related business owner because he or she falls under any of the subparagraphs of Article 26 (1) or 26-5 (1), if the suspension of business may give substantial inconvenience to users or such of the business or be detrimental to the public interest, the Minister of Oceans and Fisheries may impose a penalty surcharge not exceeding five million won in place of the disposition of the suspension of business. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | An amount of penalty surcharge according to kinds and degree of offenses subject to imposition of penalty surcharge pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where any person who must pay a penalty surcharge pursuant to paragraph (1) fails to pay it by the payment deadline, the Minister of Oceans and Fisheries shall collect it in the same manner as delinquent national taxes are collected. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 27-7 (Committee for Supply and Demand Control of Harbor Workers) |
| (1) | Harbor transport business entities, an organization formed by harbor transport-related business entities (hereinafter referred to as “organization of harbor transport business entities”), an organization formed by persons who are employed by, or provide services to, harbor transport business entities or harbor transport-related business entities (hereinafter referred to as “organization of harbor transport worker”) and a person prescribed by Presidential Decree may establish and operate a committee for supply and demand control of harbor workers for each harbor to discuss matters necessary for ensuring the smooth supply and demand control of workers engaging in harbor transport business or harbor transport-related business and for managing the workers transparently and efficiently, such as calculating an appropriate number of workers necessary for harbor transport business or harbor transport-related business, hiring workers, and providing education and training for them. |
| (2) | The composition and operation of committees for supply and demand control of harbor workers, matters to be discussed by the committees, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 14511, Dec. 27, 2016]
| Article 27-8 (Committee for Resolution of Harbor Transport Disputes) |
| (1) | An organization of harbor transport business entities, an organization of harbor transport workers and a person prescribed by Presidential Decree may establish and operate a committee for resolution of harbor transport disputes for each harbor to discuss such matters as necessary for resolving harbor transport-related disputes. |
| (2) | If a harbor transport-related dispute arises, an organization of harbor transport business entities and an organization of harbor transport workers shall endeavor to resolve the dispute amicably through the committee for resolution of harbor transport disputes established under paragraph (1) and to provide harbor transport services smoothly while the dispute is resolved. |
| (3) | The composition and operation of committees for resolution of harbor transport disputes, matters to be discussed by the committees, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 14511, Dec. 27, 2016]
Any person who applies for registration or makes a report pursuant to Article 4, 7 or 26-3 (1) shall pay fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14511, Dec. 27, 2016> [This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 28-2 (Reporting and Inspections) |
| (1) | The Minister of Oceans and Fisheries may request a harbor transport business entity or harbor transport-related business entity to report on or submit necessary data or require his or her subordinate public officials to enter a place of business, office, or ship, including a barge and tugboat, of the harbor transport business entity or harbor transport-related business entity to inspect equipment, books, documents, etc., or ask questions to related persons, if necessary in relation to the following: <Amended by Act No. 14511, Dec. 27, 2016> |
| 1. | Matters about the business registered pursuant to Article 4 (1); |
| 2. | Harbor stevedoring charges and fees approved under Article 10 (1); |
| 3. | Matters about the business registered or reported pursuant to Article 26-3 (1). |
| (2) | A public official who enters a place of business to conduct inspections or ask questions under paragraph (1) shall carry a certificate of identification indicating his or her authority and produce it to related persons. <Amended by Act No. 14511, Dec. 27, 2016> |
[This Article Newly Inserted by Act No. 12546, Mar. 24, 2014]
| Article 29 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Oceans and Fisheries may partially delegate his or her authority prescribed in this Act to the head of any agency under his or her control, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or the Special Self-Governing Province Governor, respectively, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14511, Dec. 27, 2016> |
| (2) | The Minister of Oceans and Fisheries may partially entrust his or her duties prescribed in this Act to any of the following organizations or corporations, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14511, Dec. 27, 2016> |
| 1. | An organization of harbor transport business entities; |
| 2. | A corporation established for the sound development of tallying business or such; |
| 3. | A corporation established for certifying qualification or such; |
| 4. | An educational and training institution established pursuant to Article 27-4. |
| (3) | Any institution performing the affairs entrusted pursuant to paragraph (2) shall make a report on the affairs entrusted 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> |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 29-2 (Computer Processing of Civil Affairs Administration) |
Article 89 of the Harbor Act shall apply mutatis mutandis to computer processing or such of the civil affairs administration under this Act. <Amended by Act No. 9773, Jun. 9, 2009> [This Article Wholly Amended by Act No. 9732, May 27, 2009]
Where the Minister of Oceans and Fisheries intends to make a disposition falling under any of the following subparagraphs, he or she shall hold a hearing: <Amended by Act No. 11595, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 29-4 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
Executives and employees of an organization of harbor transport business entities or of a corporation who performs the duties entrusted pursuant to Article 29 (2) shall be deemed public officials for purposes of the penalty provisions of Articles 129 through 132 of the Criminal Act. [This Article Wholly Amended by Act No. 9732, May 27, 2009]
CHAPTER IV PENALTY PROVISIONS
| Article 30 (Penalty Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding ten million won:
| 1. | Any person who conducts harbor transport business without registration pursuant to Article 4 (1); |
| 2. | Any person who conducts harbor transport-related business without registration or a report pursuant to Article 26-3 (1). |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 31 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 14511, Dec. 27, 2016; Act No. 15011, Oct. 31, 2017>
| 1. | Any person who conducts harbor transport business or harbor transport-related business, in violation of matters registered or reported under Articles 4 or 26-3 (1); |
| 1-2. | Any person who conducts bunker fuel supplying business by adding equipment without reporting modification required under Article 26-3 (3) or by modifying any matter prescribed by Ordinance of Ministry of Oceans and Fisheries regarding his or her business plan; |
| 2. | Any person who temporarily conducts business without making a report pursuant to Article 27-2. |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 32 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding three million won: <Amended by Act No. 11595, Dec. 18, 2012>
| 1. | Any person who has been engaged in the affairs of tallying, appraisal or weighing without registration pursuant to Article 7; |
| 1-2. | Any person who passes a qualifying examination for tallyman, etc. under Article 7 by fraudulent or other illegal means; |
| 1-3. | Any person who permits any third person to perform the duties of tallyman, etc. using his or her name, or transfers or lends his or her qualification certificate to any third person, or a person who acquires or borrows any third person’s qualification certificate as tallyman, etc., in violation of Article 8-2; |
| 2. | Any person who fails to obtain approval or approval for alteration, or fails to make a report or report of alteration, or makes a false report, in violation of Article 10 (1) through (3); |
| 3. | Any person who violates a disposition of the suspension of business pursuant to Article 26 or 26-5. |
[This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 33 (Joint Penalty Provisions) |
Where the representative of a juristic person, an agent, an employee or other employed person of a juristic person or an individual commits an offense falling under any of Articles 30 through 32 concerning the affairs of the juristic person or the individual, not only shall such an offender be punished but the juristic person or the individual also shall be punished by the fine referred to in the relevant provisions: Provided, That this shall not apply to cases where the juristic person or individual has not neglected to pay reasonable attention to and supervise the relevant affairs in order to prevent such offense. [This Article Wholly Amended by Act No. 9732, May 27, 2009]
| Article 34 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended by Act No. 14511, Dec. 27, 2016> |
| 1. | A person who fails to file a report or submit data under Article 28-2 (1) or a person who fails to a false report or submit false data; |
| 2. | A person who refuses, interferes with, or evades entry, an inspection, or an inquiry of a public official. |
| (2) | Administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 12546, Mar. 24, 2014]
| Article 35 Deleted. <by Act No. 5335, Apr. 10, 1997> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) A person who has managed the harbor loading and unloading business upon obtaining permission from the maritime transport office at the time this Act enters into force shall be deemed having obtained permission under this Act: Provided, That if a person who does not meet criteria referred to in Article 6, the permission shall be revoked in case where he or she fails to fix it to be suitable for criteria referred to in this Act within six months from the enforcement date of this Act. |
| (3) | (Transitional Measures) The person who has managed the checkers shall obtain the licence referred to in this Act within three months from the enforcement date of this Act: Provided, That he or she can manage the checkers according to the previous case until he obtains the licence. |
| (4) | (Transitional Measures) The inspector, etc. for commodities number who had obtained the registration from the maritime transport office at the enforcement date of this Act shall be deemed to have obtained registration under this Act. |
| (5) | (Transitional Measures) Fares, fees, and port transport standard contractual terms and conditions shall give and receive or enforce according to the previous case in the limitation of three month from the enforcement date of this Act. |
ADDENDA <Act No. 2875, Dec. 31, 1975>
| (1) | (Enforcement Date) This Act shall enter into force thirty days after the date of its promulgation. |
| (2) | (Transitional Measures) The person who has obtained permission of the business in the port business under Article 37 of the Public Order in Open Ports Act at the time this Act enters into force shall be deemed to have obtained permission of port transport incidental business under this Act. |
ADDENDA <Act No. 3011, Dec. 16, 1977>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 3714, Dec. 31, 1983>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Previous Harbor Transport Incidental Business) The person who has obtained permission of the harbor transport incidental business under the previous Act before this Act enters into force shall be deemed to have obtained permission or registration under the amended provisions of Article 26-3. |
| (3) | (Transitional Measures concerning Registration of Overseas Harbor Business) A person who has carried out the overseas port business before this Act enters into force shall complete registration with the Minister of Maritime Affairs and Fisheries within 30 days from the enforcement date of this Act pursuant to the amended provisions of Article 26-6. |
| (4) | (Transitional Measures concerning Penalty Provisions) The application of the penalty provisions to acts done before this Act enters into force shall be subject to the previous provisions. |
ADDENDA <Act No. 4358, Mar. 8, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 4573, Aug. 5, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 4925, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5335, Apr. 10, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Inspector for Commodities Number)
A person who has completed registration of an inspector for commodities number, etc. pursuant to Article 7 at the time this Act enters into force shall be deemed to have completed registration respectively as a tallyman, etc. pursuant to this Act. Article 3 (Transitional Measures concerning License and Permission)
A person who has obtained the license for harbor transport business and permission for transport incidental business or has completed registration for harbor transport business or for harbor transport incidental business at the time this Act enters into force shall be deemed to have completed registration respectively for harbor transport business or for harbor transport incidental business pursuant to this Act.
Article 4 (Transitional Measures concerning Korea Harbor Transport Association)
| (1) | The Korea Harbor Transport Association existing at the time this Act enters into force may make an application for approval to the Minister of Maritime Affairs and Fisheries so that the Association which will be established pursuant to this Act may succeed to all rights and duties of the Korea Harbor Transport Association by resolution of the general meeting thereof. |
| (2) | The Korea Harbor Transport Association, when obtaining approval from the Minister of Maritime Affairs and Fisheries pursuant to paragraph (1) of this Article, shall be deemed, notwithstanding the provisions of the Civil Act concerning dissolution and liquidation of a juristic person, to be dissolved as soon as the Association is established pursuant to this Act, and all rights and duties belonging to the Korea Harbor Transport Association shall be succeeded to by the Association which will be established pursuant to this Act. |
Article 5 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.
ADDENDA <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5919, Feb. 8, 1999>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Transport Fares and Tariff) From among transport fares and tariffs authorized under the previous provisions at the time this Act enters into force, those of cargo loaded and unloaded in harbor facilities as prescribed by the Ordinance of the Ministry of Maritime Affairs and Fisheries and of items determined by the Ordinance of the Ministry of Maritime Affairs and Fisheries shall be deemed to be reported under the amendment to Article 10 (2). |
| (3) | (Transitional Measures concerning Persons Who Has Registered Commodity Supply Service) A person who has registered the commodity supply service among harbor transport related services at the time this Act enters into force shall be deemed to have made a report under the amendment to Article 26-3 (1). |
| (4) | (Transitional Measures concerning Penalty Provisions) In applying the penalty provisions to any act committed prior to the enforcement of this Act, the previous provisions shall apply. |
ADDENDA <Act No. 6305, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6890, May 27, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 27-3 shall enter into force three months after the date of its promulgation. Article 2 (Transitional Measures with Respect to Persons Who Reported Commodity Supply Business)
Any person who has already reported the commodity supply business under the previous provisions at the time this Act enters into force shall be deemed to have reported it in accordance with the amended provisions of Article 26-3 (1). Article 3 (Transitional Measures with Respect to Korea Port Training Institute)
| (1) | The Korea Port Training Institute which has existed at the time this Act enters into force may, by the resolution of the general meeting of employees, request the Minister of Maritime Affairs and Fisheries to approve that all of its rights and obligations be succeeded by the education and training institution that shall be established under this Act. |
| (2) | Notwithstanding the provisions concerning dissolution and liquidation of corporations as referred to in the Civil Act, the Korea Port Training Institute shall, if the approval provided for in paragraph (1) is obtained from the Minister of Maritime Affairs and Fisheries, be deemed to have been dissolved at the same time the education and training institution is established under this Act; then, all rights and obligations belonging to the Korea Port Training Institute shall be succeeded by the education and training institution established under 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.
ADDENDA <Act No. 8379, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 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. 8981, Mar. 21, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9732, May 27, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9773, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 11595, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification of Tallyman)
The amended provisions of Article 8 shall apply from the first person who acquires the qualification of tallyman, etc. after this Act enters into force.
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. 12546, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Approval of Freight Charges and Fees)
Notwithstanding Article 10 (2), freight charges and fees for the freight falling under items designated by the Minister of Oceans and Fisheries under Article 10 (2) shall be determined and approved by the Minister of Oceans and Fisheries under Article 10 (1) until June 30, 2018.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14511, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 26-3, 26-5 (1), 28, and 31 and Article 6 of the Addenda (limited to parts amending Articles 26-3 and 26-5 (1)) shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Persons Engaging in Cheating Behaviors during Qualifying Examination for Tallymen)
The amended provisions of Article 7-2 shall apply, beginning with the first person who engages in cheating behaviors during a qualifying examination for tallymen, etc. to be conducted after this Act enters into force. Article 3 (Applicability to Reporting Modification of Business Plan by Bunker Fuel Supplier)
The amended provisions of Article 26-3 (3) apply, beginning with a person registered to conduct bunker fuel supplying business who adds equipment that the person intends to use or modifies his or her business plan after such amended provisions enter into force. <Amended by Act No. 15011, Oct. 31, 2017> Article 4 (Transitional Measures concerning Incompetent Persons)
A person under adult guardianship or limited guardianship referred to in subparagraph 2 of Article 8 shall be deemed to include a person declared incompetent or quasi-incompetent and such declaration remains in effect pursuant to Article 2 of the partially amended Civil Act (Act No. 10429). Article 5 (Transitional Measures concerning Lessee of Harbor Facilities)
A person who is providing stevedoring services referred to in subparagraph 1 of Article 3 of the Act and services incidental thereto under a lease agreement of harbor facilities entered into with a harbor facility operator prescribed in Article 30 of the Harbor Act or a Port Authority established under Article 29 of the Port Authority Act before this Act enters into force shall be subject to the former provisions until the last day of the lease agreement, notwithstanding the amended provisions of Articles 2 (6), and Articles 26-6 through 26-10. Article 6 Omitted.
ADDENDA <Act No. 15011, Oct. 31, 2017>
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 26-3 (4) easing the restriction on the operating areas of bunkering vessels registered to provide coastal freight transportation services shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Registration of Harbor Transport-Related Business)
| (1) | A person registered to operate ship refueling business pursuant to the former provisions as at the time Act enters into force shall be deemed a bunker fuel supplier referred to in the amended provisions of Article 2 (4). |
| (2) | A person registered to operate commodity supply business pursuant to the former provisions as at the time Act enters into force shall be deemed a ship chandler referred to in the amended provisions of Article 2 (4). |
Article 3 Omitted.
ADDENDA <Act No. 16161, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Reports on Freight Charges and Fees)
| (1) | The amended provisions of Article 10 (4) and (5) shall begin to apply to a report made regarding freight charges and fees after this Act enters into force. |
| (2) | The amended provisions of Article 26-3 (4) and (5) shall begin to apply to a report made regarding ship chandling business or regarding the amendment of a business plan after this Act enters into force. |
| (3) | The amended provisions of Article 27-2 (2) and (3) shall begin to apply to a report made regarding temporary business activities in an unregistered harbor after this Act enters into force. |
Article 3 (Applicability to Operating Areas of Ship Repairing Business)
The amended provisions of Article 26-3 (6) shall also apply to the operating area of ship repairing business registered before this Act enters into force.