MARINE TRANSPORTATION ACT
Wholly Amended by Act No. 8381, Apr. 11, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9615, Apr. 1, 2009
Act No. 9773, jun. 9, 2009
Act No. 10219, Mar. 31, 2010
Act No. 11321, Feb. 17, 2012
Act No. 11480, jun. 1, 2012
Act No. 11598, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12092, Aug. 13, 2013
Act No. 12154, Jan. 1, 2014
Act No. 12492, Mar. 18, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13002, Jan. 6, 2015
Act No. 13186, Feb. 3, 2015
Act No. 14117, Mar. 29, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14748, Mar. 21, 2017
Act No. 15011, Oct. 31, 2017
Act No. 15919, Dec. 11, 2018
Act No. 16160, Dec. 31, 2018
Act No. 16166, Dec. 31, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the improvement of convenience for passengers and shippers, the development of the national economy, and the promotion of public welfare by maintaining the order of marine transportation, ensuring fair competition therein, promoting the sound development of marine transportation services, and facilitating the safe and efficient transportation of passengers and cargo. <Amended by Act No. 14117, Mar. 29, 2016>
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11321, Feb. 17, 2012; Act No. 11480, Jun. 1, 2012; Act No. 13002, Jan. 6, 2015>
| 1. | The term "marine transportation services" means such business as marine passenger transportation services, marine cargo transportation services, marine transportation brokerage business, shipping agency services, vessel leasing services, and vessel management services; |
| 1-2. | The term "passenger ship" means a ship defined in subparagraph 10 of Article 2 of the Ship Safety Act and prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 2. | The term "marine passenger transportation services" means such business as transporting passengers or passengers and goods by any passenger ship or any wing-in-ground ship as defined in Article 1-2 (1) 1 of the Ship Act (hereinafter referred to as "passenger ship, etc.") on the sea or along inland waterways contiguous to the sea or such business as providing ancillary services to the former, which refers to any business other than harbor transport-related business as prescribed in Article 2 (4) of the Harbor Transport Business Act; |
| 3. | The term "marine cargo transportation services" means such business as transporting goods by ship (including any barges connected to tugboats; hereinafter the same shall apply) or such business as providing ancillary services to the former (including the chartering or hiring of vessels) on the sea or along inland waterways contiguous to the sea (excluding services of fisheries operators transporting their own catches or products thereof from their fishing grounds), which refers to any business other than harbor transport business as defined in Article 2 (2) of the Harbor Transport Business Act; |
| 4. | The term "chartering or hiring of vessels" means a charter or hire of the whole or part of vessels granted mutually among the providers of marine passenger transportation services or marine cargo transportation services, or between the providers of marine passenger transportation services or marine cargo transportation services and foreigners, for the purposes of transporting passengers or goods; |
| 5. | The term "marine transportation brokerage business" means brokerage services for intermediating marine cargo transportation, vessel leasing, chartering or hiring of vessels, or purchase or sale of vessels; |
| 6. | The term "shipping agency services" means such business as acting as an agent of a provider of marine passenger transportation services or marine cargo transportation services (including foreign providers of transportation services) for usual transactions belonging to such services; |
| 7. | The term "vessel leasing services" means such business as leasing a vessel owned by a person to any other person (including foreigners) other than providers of marine passenger transportation services or marine cargo transportation services (including vessels chartered by such persons under contract for the acquisition of their ownership by transfer); |
| 8. | The term "vessel management services" means such business as managing all or part of technical or commercial vessel management services, marine structure management services, cruise testing services, etc. entrusted by a domestic or foreign marine transportation agent, provider of vessel leasing services, operator of a government or municipal ship, or operator of a shipbuilding yard or marine structure provided for in subparagraph 1 of Article 2 of the Ship Management Industry Development Act, or by a shipowner under the Seafarers' Act (including such business as performing all or part of the vessel management services entrusted by a foreign provider of vessel management services); |
| 9. | The term "vessel modernization assistance project" means any project to replace old vessels or build new vessels by a provider of marine transportation services selected by the Government with the Government's financial assistance or loan assistance. |
CHAPTER II MARINE PASSENGER TRANSPORTATION SERVICES
| Article 3 (Categories of Services) |
Marine passenger transportation services shall be classified into the following categories:
| 1. | Scheduled coastal passenger transportation services: Marine passenger transportation services operated with a specified service route and schedule between domestic ports (including places located on the sea or inland waterways contiguous to the sea, where at all times people may embark or disembark, or goods may be loaded or unloaded; hereinafter the same shall apply); |
| 2. | Non-scheduled coastal passenger transportation services: Marine passenger transportation services operated without a specified service schedule between domestic ports; |
| 3. | Scheduled overseas passenger transportation services: Marine passenger transportation services operated with a specified service route and schedule between domestic and foreign ports or between foreign ports; |
| 4. | Non-scheduled overseas passenger transportation services: Marine passenger transportation services operated without a specified service route and schedule between domestic ports and foreign ports or between foreign ports; |
| 5. | Cruise passenger transportation services: Marine passenger transportation services operated to provide cruise tours by sea (including calling at domestic and overseas tourist resorts), passenger ships of at least the size prescribed by Presidential Decree, which are equipped with convenience facilities, such as accommodation facilities, eating and drinking facilities, and recreational facilities; |
| 6. | Combined marine passenger transportation services: Marine passenger transportation services operated to provide services falling under any of subparagraphs 1 through 4, along with the services described in subparagraph 5. |
| Article 4 (License for Services) |
| (1) | Any person who intends to provide marine passenger transportation services shall obtain a license from the Minister of Oceans and Fisheries for each service route and by category of services under Article 3: Provided, That in cases of non-scheduled coastal passenger transportation services provided for in subparagraph 2 of Article 3, such license may be granted for at least two service routes, and in cases of non-scheduled overseas passenger transportation services, cruise passenger transportation services, and combined marine passenger transportation services provided for in subparagraphs 4 through 6 of the said Article (limited to provision of services falling under subparagraph 2 or 4 along with those falling under subparagraph 5), such license may be granted, irrespective of the service routes. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | In granting a license for marine passenger transportation services pursuant to paragraph (1), the Minister of Oceans and Fisheries may publicly recruit service providers, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| (3) | Any person who intends to obtain a license under paragraph (1) shall submit a written application, accompanied by a service plan to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | In granting a license pursuant to paragraph (1), the Minister of Oceans and Fisheries may grant it on condition that the facilities, etc. specified in Article 5 (1) 2 and 5 be installed within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries or may impose other necessary conditions to ensure the safety of passengers and secure facilities for passengers’ convenience, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| Article 4-2 (Constructive Registration for Tourist-Use Facility Business under the Tourism Promotion Act) |
| (1) | If the Minister of Oceans and Fisheries has consulted with the head of a relevant administrative agency under paragraph (4) when granting a license for the cruise passenger transportation services or combined marine passenger transportation services set forth in Article 4 (1), the person who has obtained such license shall be deemed to have filed for registration of the tourist-use facility business under Article 3 (1) 3 of the Tourism Promotion Act in accordance with Article 4 (1) of the same Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| (2) | Any person who intends to file for a constructive registration for the tourist-use facility business under paragraph (1) shall submit a business plan and other documents necessary for the registration of the tourist-use facility business as provided for in Article 4 of the Tourism Promotion Act, when applying for a license for the cruise passenger transportation services or combined marine passenger transportation services. |
| (3) | Documents required to be submitted by a person who intends to file for a constructive registration for the tourist-use facility business under paragraph (2), for the registration of such business in accordance with Article 4 of the Tourism Promotion Act, may be otherwise prescribed by Ordinance of the Ministry of Oceans and Fisheries, in consultation with the Minister of Culture, Sports and Tourism. <Newly Inserted by Act No. 13002, Jan. 6, 2015> |
| (4) | Where the Minister of Oceans and Fisheries receives an application for a license for cruise passenger transportation services or combined marine passenger transportation services, he/she shall consult in advance with the head of a relevant administrative agency if the application contains the particulars required for the registration of the tourist-use facility business as provided for in Article 4 of the Tourism Promotion Act, and the head of the relevant administrative agency in receipt of a request to have such consultation shall submit his/her opinion within the period prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| (5) | Where the head of the relevant administrative agency fails to submit his/her opinion within the period referred to in paragraph (4), he/she shall be deemed to have no opinion. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (6) | Where the Minister of Oceans and Fisheries has granted a license for cruise passenger transportation services or combined marine passenger transportation services based on the outcome of consultation under paragraph (4), he/she shall, without delay, notify the head of the relevant administrative agency of the results of such granting. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015; Act No. 14748, Mar. 21, 2017> |
[This Article Newly Inserted by Act No. 11480, Jun. 1, 2012]
| Article 4-3 (Purchase of Insurance, etc.) |
Each provider of marine passenger transportation services shall purchase insurance or enter into a mutual aid agreement in preparation for damage to passengers, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 13002, Jan. 6, 2015]
| Article 5 (Criteria for Licenses) |
| (1) | When the Minister of Oceans and Fisheries intends to grant a license for marine passenger transportation services, he/she shall examine whether a service plan submitted pursuant to Article 4 (3) conforms to each of the following criteria: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| 1. | Deleted; <by Act No. 13002, Jan. 6, 2015> |
| 2. | Vessel mooring facilities and other transport installations to be used for the relevant services shall conform to the nature of transport demand in the relevant service route and to the relevant service route itself; |
| 3. | Commencement of the relevant services shall not cause any concern over hampering the safety of marine traffic; |
| 4. | The relevant services shall have an operation plan suitable for the convenience of passengers and shippers; |
| 5. | The gross tonnage of passenger ships, etc., the ages and operating capabilities of such ships, etc., and the capital, etc. shall meet the criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Deleted. <by Act No. 13002, Jan. 6, 2015> |
| Article 5-2 (Public Notice of Service Routes) |
The Minister of Oceans and Fisheries may determine and publicly notify the routes of coastal passenger transportation services in order to maintain traffic rights of islanders and so forth as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 13002, Jan. 6, 2015]
| Article 6 (Special Cases concerning Foreign Providers of Marine Passenger Transportation Services) |
| (1) | Notwithstanding the provisions of Articles 3 through 5, if a foreign provider of marine passenger transportation services intends to provide marine passenger transportation services between domestic and foreign ports, he/she shall obtain approval therefor from the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Any person who intends to obtain approval as provided for in paragraph (1) shall submit a written application accompanied with a service plan to the Minister of Oceans and Fisheries as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | When the Minister of Oceans and Fisheries intends to grant approval pursuant to paragraph (1), he/she shall examine each of the following matters with regard to the service plan submitted: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Whether vessel mooring facilities and other transport installations to be used for the relevant services are suitable for operation of vessels on the relevant service routes; |
| 2. | Whether the requirements provided for in Article 5 (1) 3 and 4 are met. |
| Article 7 (Report on Establishment of Domestic Branches) |
| (1) | When a person who has obtained approval for marine passenger transportation services pursuant to Article 6 intends to establish a branch office in the Republic of Korea in order to perform the business incidental to such services, he/she shall file a report thereon with the Minister of Oceans and Fisheries. The same shall also apply when he/she intends to modify reported matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Within two days from the date of receipt of a report or modification report under paragraph (1), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (3) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (2), the reporting person of whether his/her report is accepted or whether the treatment period of such report is extended pursuant to a statute related to the treatment of civil petitions, the report shall be deemed accepted on the date immediately after the date such period ends. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (4) | The scope of the business incidental to marine passenger transportation services under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| Article 8 (Grounds for Disqualification) |
None of the following persons shall be granted a license for marine passenger transportation services: <Amended by Act No. 11480, Jun. 1, 2012; Act No. 12492, Mar. 18, 2014; Act No. 13002, Jan. 6, 2015; Act No. 13186, Feb. 3, 2015; Act No. 14117, Mar. 29, 2016; Act No. 14748, Mar. 21, 2017>
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 2. | A person declared bankrupt who is not yet reinstated; |
| 2-2. | A person whose license for marine passenger transportation services has been revoked under Article 19 (2) 1-2; |
| 3. | A person for whom two years have not passed since his/her imprisonment without labor or greater punishment declared by a court for violation of this Act or any Act falling under any of the following Acts (hereafter referred to as “related Act” in this Act) was completely executed (including where it is deemed to have been executed) or since he/she was exempted from the sentence: |
| 4. | A person who is under suspension of the execution of his/her imprisonment without labor or greater punishment declared by a court for violation of any related Act; |
| 5. | A person for whom two years have not passed since his/her license for marine passenger transportation services was revoked (excluding where his/her license was revoked on the ground that he/she fell under subparagraph 1 or 2 of Article 8) in accordance with Article 19 (excluding paragraph (2) 1-2); |
| 6. | A corporation whose representative comes to fall under any of subparagraph 1, 2, 2-2, or 3 through 5. |
| Article 9 (Appraisal of Customer Satisfaction Levels for Passenger Transportation Service Providers) |
| (1) | In order to improve marine traffic services, the Minister of Oceans and Fisheries may appraise the customer satisfaction level on the operation of vessels (hereinafter referred to as "appraisal of customer satisfaction level") by a person who has obtained a license for marine passenger transportation services under Article 4 (1) and a person who has obtained approval for marine passenger transportation services under Article 6 (hereinafter referred to as "passenger transportation service providers"), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries may take following measures according to the results of appraisal of the customer satisfaction level: <Amended by Act No. 14748, Mar. 21, 2017> |
| 1. | To grant awards or preferential treatment to the passenger transportation service providers who are rated as exemplary as a result of appraisal of the customer satisfaction level or accord preferential treatment; |
| 2. | To take unfavorable measures concerning public recruitment of service providers, financial support, etc. against passenger transportation service providers who are rated as poor as a result of appraisal of the customer satisfaction level. |
| (3) | The Minister of Oceans and Fisheries may establish and operate a committee on appraisal of customer satisfaction levels on passenger ships to deliberate on matters concerning methods for appraisal of customer satisfaction levels under paragraph (1) and standards for service providers to be rated as exemplary under paragraph (2), and other related matters. <Amended by Act No. 14748, Mar. 21, 2017> |
| (4) | The Minister of Oceans and Fisheries may publish the results of appraisal of customer satisfaction levels, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| (5) | The methods and procedures for appraisal of customer satisfaction levels and other necessary matters, the measures taken under paragraph (2), and the composition and operation of the committee on appraisal of customer satisfaction levels on passenger ships under paragraph (3) shall be prescribed by Presidential Decree. <Amended by Act No. 14748, Mar. 21, 2017> |
| Article 10 (Minimum Operating Period of Vessels) |
Any person who has obtained a license for scheduled coastal passenger transportation services (hereinafter referred to as "provider of scheduled coastal passenger transportation services") shall operate vessels placed in the licensed service routes for at least one year, except in any of the following cases. In such cases, when operation or service of any of the said vessels is suspended on a long-term basis, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, the period of such suspension shall be excluded from computation of the said period: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
| 1. | Where the number of such vessels temporarily increased or replaced during the special transport period, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries is decreased; |
| 2. | Where any of the vessels in service is temporarily replaced due to inspection or refit; |
| 3. | Where it is virtually impracticable to operate vessels due to their breakage, antiquatedness, breakdown, etc.; |
| 4. | Where vessels are replaced by those with more improved performance, convenience facilities, etc. |
| Article 11 (Cargo and Fare Rates) |
| (1) | A passenger transportation service provider shall fix the cargo and fare rates, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and file in advance a report on, or report on modification of, such rates with the Minister of Oceans and Fisheries. In such cases, when customers of passenger ships receive assistance with the cargo and fare rates in accordance with related statutes, such as the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages, the passenger transportation service provider shall reflect the details of assistance therein. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12092, Aug. 13, 2013> |
| (2) | Within seven days from the date of receipt of a report or modification report under the former part of paragraph (1), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (3) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (2), whether his/her report is accepted or whether the treatment period of such report is extended pursuant to a statute related to the treatment of civil petitions, the report shall be deemed accepted on the date immediately after the date such period ends. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (4) | The Minister of Oceans and Fisheries may set the criteria for cargo and fare rates, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, so as to maintain appropriate and reasonable cargo and fare rates for coastal passenger transportation services on a monopoly or oligopoly service route pursuant to paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12092, Aug. 13, 2013; Act No. 14748, Mar. 21, 2017> |
| Article 11-2 (Reports on Terms and Conditions of Transportation) |
| (1) | Each passenger transportation service provider shall determine its terms and conditions of transportation and report it to the Minister of Oceans and Fisheries. The same shall also apply to any modification of the terms and conditions of transportation so reported. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Within five days from the date of receipt of a report or modification report under paragraph (1), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (3) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (2), whether his/her report is accepted or whether the period of treatment of such report is extended pursuant to a statute related to the treatment of civil petitions, the report shall be deemed accepted on the date immediately after the date such period ends. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (4) | Matters to be included in the terms and conditions of transportation under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
[This Article Newly Inserted by Act No. 11480, Jun. 1, 2012]
| Article 11-3 (Record of Passenger Ships and Disclosure of Safety-Related Information) |
| (1) | Each provider of coastal passenger transportation services shall manage the history of his/her passenger ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Each passenger transportation service provider shall disclose the following information on his/her passenger ship by any means prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as on its website: |
| 1. | The age of the vessel; |
| 2. | The date of inspection of the vessel and the findings from such inspection; |
| 3. | Matters concerning the history of accidents prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 4. | Other information related to the safety of passenger transportation and prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 13002, Jan. 6, 2015]
| Article 12 (Change of Service Plans) |
| (1) | When a passenger transportation service provider intends to change his/her service plan, he/she shall file in advance a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Within two days from the date of receipt of a report under paragraph (1), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (3) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (2), whether his/her report is accepted or whether the treatment period of such report is extended pursuant to a statute related to the treatment of civil petitions, the report shall be deemed accepted on the date immediately after the date such period ends. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (4) | Notwithstanding paragraph (1), when a person who has obtained a license for scheduled coastal passenger transportation services or non-scheduled coastal passenger transportation services (hereinafter referred to as "provider of coastal passenger transportation services") intends to modify his/her service plan with respect to any of the following matters, he/she shall obtain authorization therefor from the Minister of Oceans and Fisheries: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015; Act No. 14748, Mar. 21, 2017> |
| 1. | Increase, replacement, or decrease of vessels; |
| 2. | Change in the ports of call; |
| 3. | Change in the frequency or time of operations of vessels; |
| 4. | Suspension of operations of vessels. |
| (5) | Matters necessary for authorization provided for in paragraph (4) shall be prescribed by Presidential Decree, taking into consideration the criteria for granting a license, etc. under Article 5 (1). <Amended by Act No. 14748, Mar. 21, 2017> |
| Article 13 (Operation under Service Plans) |
| (1) | Unless an act of God or other unavoidable causes exist, each passenger transportation service provider shall operate in conformity with his/her service plan. |
| (2) | When a passenger transportation service provider has violated paragraph (1), the Minister of Oceans and Fisheries may order such provider to operate in conformity with his/her service plan. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 14 (Orders to Improve Services) |
When the Minister of Oceans and Fisheries deems it necessary for elevating the quality of passenger transportation services and improving public welfare, he/she may issue an order to a passenger transportation service provider to implement the following matters: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
| 1. | Changes in the relevant service plan; |
| 2. | Changes in cargo or fare rates applicable to a monopoly or oligopoly service route; |
| 3. | Improvement or alteration of facilities; |
| 4. | Taking out insurance policies; |
| 5. | Measures necessary for protecting seafarers; |
| 6. | Measures necessary for jointly utilizing facilities with other passenger transportation service providers; |
| 7. | Matters related to improvement, replacement, and increase or decrease of vessels; |
| 8. | Matters necessary for the safe operation of vessels; |
| 9. | Matters necessary for enforcing international conventions on marine transportation; |
| 10. | Observance of the minimum operating period of vessels under Article 10; |
| 11. | Changes in the terms and conditions of transportation under Article 11-2. |
| Article 15 (Designation and Operation of Subsidized Service Routes) |
| (1) | The Minister of Oceans and Fisheries may, where deemed necessary to provide the means of marine traffic for islanders, designate service routes subsidized by the State to cover the amount of losses incurred by operation of such routes (hereinafter referred to as "subsidized service routes") and select the persons to be engaged in the operation of such subsidized service routes (hereinafter referred to as "operators of subsidized service routes") from among the providers of coastal passenger transportation services. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Matters relating to the operation of subsidized service routes designated pursuant to paragraph (1), such as the operation plan and the management of vessels in service, shall be determined by the Minister of Oceans and Fisheries through agreement with the operators of such subsidized service routes. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries may accord preferential treatment, etc. to the operators of subsidized service routes who are rated as outstanding in operating subsidized service routes determined by agreement pursuant to paragraph (2). In such cases, detailed matters relating to the methods and procedures for rating, the utilization of the results of ratings, etc. shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | Where an operator of a subsidized service route violates the terms of any agreement under paragraph (2) or it is deemed, as a result of rating under paragraph (3), that the operator is no more suitable for operating the subsidized service route, the Minister of Oceans and Fisheries may revoke the appointment of such operator of the subsidized service route. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (5) | Where the operation of vessels on a subsidized service route is likely to be suspended due to the refit, etc. of such vessels, the Minister of Oceans and Fisheries may allow the operator of that subsidized service route to operate vessels leased from a person other than the registered providers of vessel leasing services, notwithstanding Article 33. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (6) | Where a ground falling under any of the following subparagraphs occurs with respect to the operation of a subsidized service route designated pursuant to paragraph (1), the Minister of Oceans and Fisheries may revoke the designation of the subsidized service route: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Where a land-linking bridge is installed to connect the relevant island; |
| 2. | Where it becomes possible to operate the service route without subsidies for covering the amount of losses incurred by operation of such route owing to an increase in transport demands, etc.; |
| 3. | Where the designation of such subsidized service route is no longer necessary due to considerable decrease in transport demands, etc. |
| (7) | Matters necessary for the designation and operation of subsidized service routes, such as procedures for designating such subsidized service routes, methods for selecting the operators of those subsidized service routes and methods for determining and paying the amount of losses incurred by operation of the subsidized service routes, shall be prescribed by Presidential Decree. |
| Article 15-2 (Support for Shipbuilding) |
| (1) | The State may grant subsidies for ships that will operate subsidized service routes to cover expenses incurred in building those ships. |
| (2) | The selection of ships eligible to receive subsidies from the State under paragraph (1) and of providers of services related to the operation of ships so built, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11480, Jun. 1, 2012]
| Article 16 (Orders to Operate Passenger Ships, etc.) |
| (1) | In any of the following cases, the Minister of Oceans and Fisheries may order a passenger transportation service provider to put his/her passenger ships into service for a fixed period: <Amended by Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| 1. | Where no person is selected as the operator of a subsidized service route under Article 15 (1); |
| 2. | Where a disaster or any other emergency occurs around any sea area in which passenger ships are in service; |
| 3. | Where it is necessary to make passenger ships operating around an island with no scheduled passenger liner operate via the island in order to provide the islanders with the means of marine traffic. |
| (2) | Where a ground for an operation order issued under paragraph (1) has ceased to exist, the Minister of Oceans and Fisheries shall revoke such order. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries shall compensate for losses suffered as a consequence of compliance with an operation order issued under paragraph (1) and revocation of the operation order pursuant to paragraph (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | The methods of determining and paying compensation for losses under paragraph (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 17 (Succession to Services) |
| (1) | When a passenger transportation service provider transfers his/her services or dies, or when a corporation merges with another, the relevant transferee or successor, or a corporation surviving such merger or a new corporation established as a result of the merger shall succeed to the rights and duties accompanying the relevant license. |
| (2) | Any person who has assumed charge of all facilities and equipment of marine passenger transportation services pursuant to any of the following procedures shall therewith succeed to the rights and duties accompanying the relevant license: <Amended by Act No. 10219, Mar. 31, 2010; Act No. 14476, Dec. 27, 2016> |
| 4. | Other procedures equivalent to those provided for in subparagraphs 1 through 3. |
| (3) | Article 8 shall apply mutatis mutandis to a person or corporation that succeeds to the rights and duties under paragraph (1). In such cases, if the relevant successor or the representative of a corporation surviving a merger or of a new corporation established as a result of a merger falls under any subparagraph of Article 8, the successor or corporation shall, within 90 days, transfer its status as the passenger transportation service provider or replace the said representative. <Amended by Act No. 11480, Jun. 1, 2012> |
| (4) | A successor referred to in paragraph (1) or (2) shall file a report on his/her succession with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (5) | Within five days from the date of receipt of a report under paragraph (4), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (6) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (5), whether his/her report is accepted or whether the treatment period of such report is extended pursuant to a statute related to the treatment of civil petitions, the report shall be deemed accepted on the date immediately after the date such period ends. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| Article 18 (Suspension or Permanent Closure of Services) |
| (1) | When a passenger transportation service provider intends to suspend or permanently close his/her services, he/she shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That when a provider of scheduled coastal passenger transportation services intends to suspend his/her services, he/she shall obtain permission from the Minister of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | When a provider of scheduled coastal passenger transportation services files an application for permission to suspend his/her services pursuant to the proviso to paragraph (1), the Minister of Oceans and Fisheries shall grant such permission unless it is likely to cause inconvenience to users of the passenger ships, etc. operating on the relevant marine traffic route. <Newly Inserted by Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) | When the Minister of Oceans and Fisheries has received a report on the suspension or permanent closure of services pursuant to the main sentence of paragraph (1) or granted permission to suspend services pursuant to the proviso to paragraph (1), he/she shall publicly announce such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (4) | The period of suspension of services by a provider of scheduled coastal passenger transportation services under the proviso to paragraph (1) shall not exceed six months in any 12-month period. <Amended by Act No. 11480, Jun. 1, 2012> |
| Article 19 (Revocation of Licenses and Relevant Matters) |
| (1) | Where a passenger transportation service provider falls under any of the following, the Minister of Oceans and Fisheries may revoke his/her license (including approval) or authorization granted under Article 12 (4), issue an order to fully or partially suspend the relevant services for a fixed period not exceeding six months, or impose a penalty surcharge not exceeding one billion won: Provided, That in cases falling under paragraphs 2 through 11, 15, and 17, a penalty surcharge not exceeding 100 million won may be imposed: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015; Act No. 14748, Mar. 21, 2017> |
| 1. | Where a marine accident occurs by intention or gross negligence of the passenger transportation service provider or by his/her neglect of duty of due care in the appointment of, or supervision over, the master of a ship; |
| 2. | Where the passenger transportation service provider fails to take necessary protective measures for passengers sustained injuries during a marine accident or for their baggage or parcels, or fails to pay compensation to victims for their losses, without a justifiable ground; |
| 3. | Where the passenger transportation service provider provides marine passenger transportation services beyond the scope of the services licensed or approved under Article 4 (1) or 6 (1); |
| 4. | Where the passenger transportation service provider fails to secure facilities, etc. prescribed in Article 5 (1) 2 and 5 or violates the conditions imposed on his/her license otherwise within the period set out in Article 4 (4); |
| 5. | Where the passenger transportation service provider fails to meet the criteria for granting a license prescribed in Article 5 (1) 5 (excluding when the relevant provider fulfills such criteria within two months from the date of failure); |
| 6. | Where the passenger transportation service provider fails to report his/her terms and conditions of transportation (including reporting any modification thereof) or to comply with such terms and conditions of transportation reported, in violation of Article 11-2 (1); |
| 7. | Where the passenger transportation service provider obtains authorization for changing his/her service plan under Article 12 (4), but fails to implement such authorized matters within 15 days from the date of authorization; |
| 8. | Where the passenger transportation service provider fails to commence operation within one month from the scheduled operation date stated in his/her service plan under Article 13 (1); |
| 9. | Where the passenger transportation service provider fails to report his/her succession, in violation of Article 17 (4); |
| 10. | Where the passenger transportation service provider violates any provisions of Articles 7 (1), 11 (1), 12 (1) and (4), 13 (2), 14, 16 (1), 18 (1) and (4), and 50 (1); |
| 11. | Where the passenger transportation service provider fails to formulate and submit the operation management rules as required under Article 21 (1) or formulates and submits such rules by fraud or other improper means; |
| 12. | Where the passenger transportation service provider operates passenger ships, etc. without undergoing examination of the operation management rules as required under Article 21 (2); |
| 13. | Where the passenger transportation service provider fails to respond to the request for the amendment of the operation management rules by the Minister of Oceans and Fisheries under the latter part of Article 21 (2), without good cause; |
| 14. | Where the passenger transportation service provider violates the duties to comply with the operation management rules under Article 21 (3); |
| 15. | Where the passenger transportation service provider refuses, obstructs, or evades a regular or occasional inspection under Article 21 (4) or he/she submits false data or give false answers; |
| 16. | Where the passenger transportation service provider fails to comply with the detention of a ship, a corrective order, etc. issued by the Minister of Oceans and Fisheries under Article 21 (5), without good cause; |
| 17. | Where the passenger transportation service provider refuses, obstructs, or evades the guidance and supervision of operations managers under Article 22 (2); |
| 18. | Where the passenger transportation service provider fails to comply with an order to detain a ship issued by an operations manager under the proviso to Article 22 (5). |
| (2) | Where a passenger transportation service provider falls under any of the following, the Minister of Oceans and Fisheries shall revoke his/her license (including approval): <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| 1. | Where the passenger transportation service provider obtains a license or approval for marine passenger transportation services under Article 4 (1) or 6 (1) by fraud or other improper means; |
| 1-2. | Where a marine accident causing damage to the health or safety of many people occurs by intention or gross negligence of the passenger transportation service provider or by his/her negligence in exercising duty of due care concerning the appointment of, or supervision over, the master of a ship; |
| 2. | Where the passenger transportation service provider falls under any subparagraph of Article 8 (excluding when a corporation falls under subparagraph 6 of Article 8, but replaces the representative within 90 days from the date the relevant ground for disqualification occurred); |
| 3. | Where a person who has succeeded to marine passenger transportation services under Article 17 falls under any of subparagraphs 1, 2, 2-2, and 3 through 5 of Article 8 (excluding when the relevant ground for disqualification is settled within 90 days from the date the ground occurred). |
| (3) | Matters necessary for the detailed criteria for suspension of services and other dispositions and for the amounts of penalty surcharges based on the types and severity of violations subject to the imposition of penalty surcharges under paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | Where a person liable to pay a penalty surcharge fails to pay it by the due date for payment, 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. 11480, Jun. 1, 2012]
| Article 20 Deleted. <by Act No. 11480, Jun. 1, 2012> |
| Article 21 (Formulation and Examination of and Compliance with Operation Management Rules) |
| (1) | Each provider of coastal passenger transportation services shall formulate operation management rules, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, in order to ensure the safety of passenger ships, etc. and shall submit them to the Minister of Oceans and Fisheries. The same shall also apply where the provider intends to amend the operation management rules or where a change occurs in the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as change in operating circumstances. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| (2) | The Minister of Oceans and Fisheries shall examine the operation management rules submitted pursuant to paragraph (1) after forming an examination committee on passenger ship operation management rules Examination Committee and, if deemed necessary to amend the operation management rules in order to ensure the safety of passenger ships, etc., the Minister may request the provider of the relevant coastal passenger transportation services to amend his/her operation management rules, specifying the grounds for, and the main point of, amendment. In such cases, the provider of the relevant coastal passenger transportation services shall reflect the requested matters in his/her operation management rules. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| (3) | Each provider of coastal passenger transportation services shall observe his/her operation management rules determined under paragraphs (1) and (2). <Newly Inserted by Act No. 13002, Jan. 6, 2015> |
| (4) | The Minister of Oceans and Fisheries shall regularly or occasionally check whether the provider of coastal passenger transportation services continues to observe his/her operation management rules. <Newly Inserted by Act No. 13002, Jan. 6, 2015> |
| (5) | Where there is a potential risk to safe operation of costal passenger ships, the Minister of Oceans and Fisheries may detain a ship, issue a corrective order, or take other relevant measures. <Newly Inserted by Act No. 13002, Jan. 6, 2015> |
| (6) | Matters necessary for the organization, operation, etc., of the Passenger Ship Operation Management Rules Examination Committee formed under paragraph (2) shall be prescribed by Presidential Decree, and matters necessary for the examination, check, etc. conducted under paragraphs (1) through (5) shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 13002, Jan. 6, 2015> |
| Article 21-2 (Boarding Pass Issuance of Passenger Ships, etc., Verification of Boarding Ships, and Relevant Matters) |
| (1) | Any passenger who intends to board a passenger ship, etc. shall have a boarding pass with his/her name, etc. on it, issued by the passenger transportation service provider, prior to the departure of the passenger ship, etc. from the port, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Any passenger transportation service provider shall require a passenger who intends to board a ship, to present his/her identification card and shall ascertain entries in the boarding pass under paragraph (1). |
| (3) | Where a passenger fails to have a boarding pass issued under paragraph (1) without good cause, has a boarding pass issued by fraud, or fails to comply with a request to present his/her identification card under paragraph (2), the passenger transportation service provider shall refuse to allow him/her to board a ship. |
| (4) | When a passenger has a boarding pass issued under paragraph (1), the passenger transportation service provider shall ascertain whether the passenger is on board and shall maintain the passenger register as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (5) | Any passenger transportation service provider shall keep the details of boarding passes issued under paragraph (1) and the passenger register under paragraph (4) for three months. |
[This Article Wholly Amended by Act No. 13002, Jan. 6, 2015]
| Article 21-3 (Prohibited Acts of Passengers) |
No passenger shall engage in any of the following acts in a passenger ship, etc.: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Violating an order duly issued by the master or crew of the passenger ship, etc. in relation to his/her duties to prohibit any act impeding the safety or operation of the passenger ship, etc.; |
| 2. | Accessing the steering house, engine room, or any other place off-limits to passengers designated by the master of the passenger ship, etc. without obtaining permission from the master or crew thereof; |
| 3. | Handling any device, equipment, etc. of the passenger ship, etc. without a justifiable ground; |
| 4. | Other acts prescribed by Ordinance of the Ministry of Oceans and Fisheries as likely to undermine the safety of passengers and the maintenance of order in passenger ships, etc. |
[This Article Newly Inserted by Act No. 11480, Jun. 1, 2012]
| Article 21-4 (Issuance of Loading Tickets for Vehicles and Cargo Waybills, and Other Relevant Matters) |
| (1) | Any passenger transportation service provider shall issue a loading ticket for vehicles and a cargo waybill to relevant vehicles and cargo to be loaded on a passenger ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Article 21-2 (2) through (5) shall apply mutatis mutandis to the ascertainment, etc. of loading vehicles and cargo under paragraph (1). |
[This Article Newly Inserted by Act No. 13002, Jan. 6, 2015]
| Article 21-5 (Persons in Charge of Safety Management) |
| (1) | Each provider of coastal passenger transportation services shall perform affairs concerning the formulation and implementation of its operation management rules and the safe operation of passenger ships. In such cases, each provider of coastal passenger transportation shall appoint a person in charge of safety management to perform such affairs. <Amended by Act No. 14748, Mar. 21, 2017> |
| (2) | A provider of coastal passenger transportation services may entrust affairs concerning the formulation and implementation of its operation management rules and the safe operation of passenger ships under paragraph (1), to a safety management agency under Article 51 of the Maritime Safety Act (hereinafter referred to as “safety management agency”). In such cases, the provider of coastal passenger transportation services shall notify the Minister of Oceans and Fisheries of such fact within ten days. <Amended by Act No. 14748, Mar. 21, 2017> |
| (3) | A provider of coastal passenger transportation services (referring to a safety management agency in cases of entrusting safety management agency affairs pursuant to paragraph (2)) shall have a person in charge of safety management under paragraph (1) receive education on the safety management of passenger ships, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (4) | Matters necessary for the qualification standards, and number of persons in charge of safety management under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. Act No. 14748, Mar. 21, 2017> |
[This Article Newly Inserted by Act No. 13002, Jan. 6, 2015]
| Article 22 (Management for Safe Operation of Passenger Ships) |
| (1) | The Minister of Oceans and Fisheries shall formulate and implement policies to ensure safe operation of coastal passenger ships. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Each provider of coastal passenger transportation services shall be guided and supervised for safe operation by a vessel operations manager (hereinafter referred to as "operations manager") who shall be appointed by the Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act, from among persons with the qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 13002, Jan. 6, 2015; Act No. 16160, Dec. 31, 2018> |
| (3) | Matters necessary for the methods of and the procedures for appointment and dismissal of, scope of duties of, and guidance and supervision of, operations managers, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| (4) | Each operations manager shall monitor the status of compliance with, and implementation of, the operation management rules provided for in Article 21 and shall faithfully perform other duties referred to in paragraph (3), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| (5) | Where necessary for the safe operation of passenger ships, etc., operations managers may file a request for the following with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where there are circumstances requiring urgent measures for the safety of passenger ships, etc., an operations manager may order the relevant provider of coastal passenger transportation services or master to detain a ship, and the operations manager shall report such fact to the Minister of Oceans and Fisheries without delay: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| 1. | Increase of operations of passenger ships, etc.; |
| 3. | Change of operations under service plans; |
| 4. | Request to take measures against violations of the operation management rules committed by the relevant provider of coastal passenger transportation services. |
| (6) | If necessary for the supervision of the duties, etc. of operations managers under paragraph (4), the Minister of Oceans and Fisheries may require submission or report of relevant materials or may require his/her employees to access the office, etc. for inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such case, the Minister of Oceans and Fisheries may order the relevant operations manager to take necessary measures, including making improvements in performing duties. <Newly Inserted by Act No. 13002, Jan. 6, 2015> |
| (7) | Each provider of coastal passenger transportation services shall bear expenses incurred in placing operations managers, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| (8) | The State may partially subsidize expenses incurred in placing operations managers. <Amended by Act No. 13002, Jan. 6, 2015> |
[This Article Wholly Amended by Act No. 11480, Jun. 1, 2012]
CHAPTER III MARINE CARGO TRANSPORTATION SERVICES
| Article 23 (Categories of Services) |
Marine cargo transportation services shall be classified into the following categories:
| 1. | Coastal cargo transportation services: Marine cargo transportation services operated between domestic ports; |
| 2. | Scheduled overseas cargo transportation services: Marine cargo transportation services, with vessels operating along fixed routes between domestic and foreign ports, or between foreign ports, pursuant to a specified schedule; |
| 3. | Non-scheduled overseas cargo transportation services: Marine cargo transportation services, other than those under subparagraphs 1 and 2. |
| Article 24 (Registration of Services) |
| (1) | Any person who intends to provide coastal cargo transportation services shall file for registration of the said services with the Minister of Oceans and Fisheries in accordance with Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| (2) | Any person who intends to provide scheduled overseas cargo transportation services or non-scheduled overseas cargo transportation services (hereinafter referred to as "overseas cargo transportation services") shall file for registration of the said services with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| (3) | Any person who intends to file for registration under paragraphs (1) and (2) shall file a written application accompanied by his/her service plan, with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | Where a person intends to modify any matter registered pursuant to paragraph (1) or (2), he/she shall make a report on the modification to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (5) | Within two days from the date of receipt of a modification report under paragraph (4), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted or whether the treatment period of such report is extended. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (6) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (5), whether the relevant report is accepted or whether the treatment period of such report is extended, the report on modification shall be deemed accepted on the date immediately after the date such period ends. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (7) | Where the owner of crude oil, raw materials for steel mills, liquefied gas, or other principal cargo prescribed by Presidential Decree (hereinafter referred to as "large volume cargo"), or a corporation de facto owned or controlled by the owner of large volume cargo, has file for registration of marine cargo transportation services in order to transport the said large volume cargo, the Minister of Oceans and Fisheries shall, notwithstanding paragraph (2), hear opinions in advance on the impact, etc. on the domestic marine transportation industry from the policy advisory committee comprised of related industries and academic circles, marine transportation experts, etc. to determine whether such registration is to be made. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| (8) | The criteria for a corporation de facto owned or controlled by the owner of large volume cargo and matters concerning the composition and operation of the policy advisory committee under paragraph (7), and other necessary matters, shall be prescribed by Presidential Decree. <Amended by Act No. 14748, Mar. 21, 2017> |
| Article 25 (Special Cases concerning Registration of Services) |
| (1) | Any person who has registered scheduled overseas cargo transportation services in accordance with Article 24 (2) (hereinafter referred to as "provider of scheduled overseas cargo transportation services") may transport the following cargo without fulfilling the formalities of registration of coastal cargo transportation services provided for in paragraph (1) of the same Article: <Amended by Act No. 11480, Jun. 1, 2012; Act No. 13186, Feb. 3, 2015> |
| 1. | Empty containers or container-packed cargo for export or import (excluding container-packed cargo traded among local Koreans) transported between domestic ports; |
| 2. | Container-packed cargo transported for transhipment between domestic ports within the same boundaries of a water zone in a harbor zone defined in subparagraph 4 of Article 2 of the Harbor Act (excluding container-packed cargo transported through any other domestic port) in the course of transportation between foreign ports. |
| (2) | Where any person who has registered coastal cargo transportation services under Article 24 (1) (hereinafter referred to as "provider of coastal cargo transportation services") intends to temporarily transport cargo between domestic and foreign ports or between foreign ports, or where any person who has registered non-scheduled overseas cargo transportation services under Article 24 (2) intends to temporarily transport cargo between domestic ports, such registration as required for any of the foregoing cases may, notwithstanding Article 24 (1) and (2), be substituted by a prior report to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| (3) | Within two days from the date of receipt of a report under paragraph (2), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (4) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (3), whether the relevant report is accepted or whether the treatment period of such report is extended pursuant to a statute related to the treatment of civil petitions, the report shall be deemed accepted on the date immediately after the date such period ends. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (5) | Where the Minister of Oceans and Fisheries accepts a report under paragraph (2) (including cases where a report is deemed accepted pursuant to paragraph (4)), he/she shall issue a certificate of acceptance, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, which includes the total period of transportation services by vessel for a year of operation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| Article 26 (Report on Domestic Branch Offices Established by Foreigners) |
| (1) | When a foreigner providing marine cargo transportation services between domestic and foreign ports or between foreign ports, intends to establish a branch office in the Republic of Korea in order to perform the business affairs incidental to his/her services, he/she shall file a report thereon with the Minister of Oceans and Fisheries. The same shall also apply when he/she intends to modify reported matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Within two days from the date of receipt of a report or modification report under paragraph (1), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (3) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (2), whether his/her report is accepted or whether the treatment period of such report is extended pursuant to a statute related to the treatment of civil petitions, the report shall be deemed accepted on the date immediately after the date such period ends. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (4) | The scope of business affairs incidental to the foreigner's marine cargo transportation services under paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| Article 27 (Criteria for Registration) |
| (1) | Any person who intends to provide coastal cargo transportation services shall ensure that the gross tonnage, ages, etc. of his/her vessels are in compliance with the registration criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| (2) | Any person who intends to provide overseas cargo transportation services shall ensure that the financial basis and management structures of his/her services, such as the gross tonnage of his/her vessels and the paid-in capital, are in compliance with the registration criteria prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 28 (Publication of Cargo Rates and Other Relevant Matters) |
| (1) | Providers of scheduled overseas cargo transportation services and foreigners who provide scheduled cargo transportation services between domestic and foreign ports shall fix their cargo rates in accordance with Ordinance of the Ministry of Oceans and Fisheries, and publish such rates so as to keep interested parties, such as the cargo owners, informed. The same shall also apply when they intend to alter fixed cargo rates. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Any foreigner as provided for in paragraph (1) shall set his/her operation plans in accordance with Ordinance of the Ministry of Oceans and Fisheries, and file a report thereon with the Minister of Oceans and Fisheries. The same shall also apply when he/she intends to alter reported operation plans. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | Within two days from the date of receipt of a report or alteration report under paragraph (2), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (4) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (3), whether the relevant report is accepted or whether the treatment period of such report is extended pursuant to a statute related to the treatment of civil petitions, he/she shall be deemed accepted the report on the date immediately after the date such period ends. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (5) | When the Minister of Oceans and Fisheries deems that concerns exist over hampering the sound development of scheduled overseas cargo transportation services, such as excessive competition among the said services, with respect to the details published or reported under paragraphs (1) and (2), he/she may issue an order for necessary measures to be taken for the alteration or adjustment of the said details. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| Article 29 (Agreement on Cargo Rates, etc.) |
| (1) | Any person who has registered overseas cargo transportation services (hereinafter referred to as "provider of overseas cargo transportation services") may enter into an agreement on cargo rates, allocation of vessels, stowage of cargo, and other transport terms and conditions, or into the joint activities (in cases of persons providing non-scheduled overseas cargo transportation services, excluding an agreement on cargo rates or joint activities; hereinafter referred to as "agreement") with other providers of overseas cargo transportation services (including foreign providers of cargo transportation services): Provided, That no agreement with terms that unreasonably restrict participation in or withdrawal from an agreement shall be concluded. |
| (2) | When a provider of overseas cargo transportation services (including foreign providers of cargo transportation services who provide marine cargo transportation services between domestic and foreign ports) has entered into an agreement under paragraph (1), he/she shall file a report on its terms with the Minister of Oceans and Fisheries as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply when the terms of such agreement have been altered. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | Within two days from the date of receipt of a report or alteration report under paragraph (2), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (4) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (3), whether his/her report is accepted or whether the treatment period of such report is extended pursuant to a statute related to the treatment of civil petitions, he/she shall be deemed accepted the report on the date immediately after the date such period ends. <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
| (5) | The Minister of Oceans and Fisheries may, where the terms of an agreement reported pursuant to paragraph (2) fall under any of the following subparagraphs, order such necessary measures as the suspension of performance or the modification or adjustment, etc. of the terms of the said agreement: Provided, That when such measures are taken in cases of subparagraph 3, the Minister shall notify the Fair Trade Commission thereof: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| 1. | Where such terms violate the proviso to paragraph (1) or any international convention; |
| 2. | Where such terms distort orderly marine cargo transportation by unfairly stipulating the allocation of vessels, stowage of cargoes, and other transportation terms; |
| 3. | Where such terms substantially restrict competition by unfairly raising cargo or fare rates, or decreasing the frequency of operations. |
| (6) | The providers of overseas cargo transportation services who have entered into an agreement under paragraph (1) and a shippers' association prescribed by Presidential Decree shall mutually exchange sufficient information on transport conditions, such as cargo rates and incidental expenses, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and consult with each other on the said transport conditions before filing the report referred to in paragraph (2). In such cases, the relevant parties shall not refuse such exchange of information or consultation without justifiable grounds. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14748, Mar. 21, 2017> |
| Article 30 (Orders to Improve Services) |
If deemed necessary for strengthening international competitiveness, maintaining order in service routes, and facilitating the transportation of cargo, the Minister of Oceans and Fisheries may order persons providing marine cargo transportation services to implement the following matters: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| 1. | Changes in their service plans; |
| 2. | Measures for protecting persons related to the operation of the relevant vessels, such as seafarers or fishermen on service routes; |
| 3. | Matters necessary for safe navigation of vessels; |
| 4. | Matters necessary to enforce international conventions on marine transportation; |
| 5. | Taking out marine insurance. |
| Article 31 (Prohibited Acts for Providers of Overseas Cargo Transportation Services) |
| (1) | No provider of scheduled overseas cargo transportation services (including foreigners referred to in Article 28 (1)) shall engage in any of the following acts: <Amended by Act No. 14117, Mar. 29, 2016; Act No. 14748, Mar. 21, 2017> |
| 1. | Receiving a cargo rate lower or higher than the cargo rates published under Article 28; |
| 2. | Rebating part of the cargo rate already received, in order to receive a cargo rate lower than the cargo rates published under Article 28; |
| 3. | Unfairly giving preferential or unfavorable treatment to a specific person or region, or a transportation method, on non-commercial grounds; |
| 4. | Unfairly fixing discriminatory cargo or fare rates against Korean exporters in comparison with foreign exporters, on non-commercial grounds; |
| 5. | Unfairly discriminating against shippers in mediating and settling disputes arising in the course of cargo transportation and other claims for damages, on non-commercial grounds; |
| 6. | Other acts of unfairly discriminating against shippers, on non-commercial grounds prescribed by Presidential Decree. |
| (2) | No shipper who has entered into a transport contract with a provider of scheduled overseas cargo transportation services (including foreigners referred to in Article 28 (1)) shall have his/her cargo transported at a cargo rate lower or higher than the cargo rates published under Article 28, or accept a rebate of a part of the cargo rate paid, by such unlawful means as receiving false cargo invoices concerning items or grades of cargo. |
| (3) | No person who provides non-scheduled overseas cargo transportation services (including foreign providers of non-scheduled cargo transportation services) shall engage in any of the following acts: <Amended by Act No. 14117, Mar. 29, 2016; Act No. 14748, Mar. 21, 2017> |
| 1. | Acts provided for in paragraph (1) 3 through 5; |
| 2. | Unfairly competing with any other provider of overseas cargo transportation services, by committing any of the acts referred to in subparagraph 1; |
| 3. | Other acts of unfairly discriminating against shippers on non-commercial grounds prescribed by Presidential Decree. |
| Article 32 (Provisions to Be Applied Mutatis Mutandis) |
| (1) | Articles 4 (4), 8, and 17 through 19 shall apply mutatis mutandis to marine cargo transportation services. In such cases, "Articles 7 (1), 11 (1), 12 (1) and (4), 13 (2), 14, 16 (1), 18 (1) and (4), 21 (1), 22 (2), and 50 (1)" referred to in Article 19 (1) 10 shall be construed as "Articles 13 (2) (limited to the providers of scheduled overseas cargo transportation services), 18 (1) and (4), 24 (4), 26 (1), 28, 29 (2) and (5), 30, 31 (1) and (3), and 50 (1)". <Amended by Act No. 11480, Jun. 1, 2012; Act No. 13002, Jan. 6, 2015; Act No. 14748, Mar. 21, 2017> |
| (2) | Deleted. <by Act No. 11480, Jun. 1, 2012> |
| (3) | Article 13 shall apply mutatis mutandis to scheduled overseas cargo transportation services. |
CHAPTER IV MARINE TRANSPORTATION BROKERAGE BUSINESS, SHIPPING AGENCY SERVICES, VESSEL LEASING SERVICES AND VESSEL MANAGEMENT SERVICES
| Article 33 (Registration of Services) |
| (1) | Any person who intends to engage in the marine transportation brokerage business or provide shipping agency services, vessel leasing services, or vessel management services (hereinafter referred to as "marine transportation brokerage business, etc") shall file for registration with the Minister of Oceans and Fisheries, as prescribed Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply to any modification of the matters so registered. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Any person who intends to engage in the marine transportation brokerage business, etc. under paragraph (1) shall equip himself/herself with the facilities and management structures prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The period of validity of registration of the marine transportation brokerage business, etc. (excluding vessel leasing services; hereafter the same shall apply in this Article) shall be three years from the date of such registration and, if the relevant person intends to continue to engage in the marine transportation brokerage business, etc., he/she shall renew such registration prior to the expiration of the validity period thereof, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Oceans and Fisheries shall determine and publicly notify matters necessary for the efficient registration of vessel management services under paragraph (1), the management thereof, the protection of seafarers’ rights and interests, and so forth. <Newly Inserted by Act No. 14117, Mar. 29, 2016> |
| Article 34 (Orders to Deposit Service Security Bond and Other Relevant Matters) |
| (1) | Where deemed necessary for the stabilized management of seafarers in vessel management services, the Minister of Oceans and Fisheries may order any person who provides vessel management services to deposit a service security bond or to take out security insurance. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for depositing service security bonds or purchasing the security insurance under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 35 (Revocation of Registration and Other Relevant Matters) |
Where a person who engages in the marine transportation brokerage business, etc. violates Article 14 (limited to cases falling under subparagraphs 1 and 8) applicable mutatis mutandis under Article 36, Article 34, and Article 50 (1), the Minister of Oceans and Fisheries may revoke his/her registration, order the suspension of the said services for a fixed period not exceeding six months, or impose a penalty surcharge not exceeding ten million won. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| Article 36 (Provisions to Be Applied Mutatis Mutandis) |
Articles 4 (3), 8, 14 (limited to cases falling under subparagraphs 1 and 8), 17, and 19 shall apply mutatis mutandis to the marine transportation brokerage business, etc. <Amended by Act No. 11480, Jun. 1, 2012>
CHAPTER V SOUND DEVELOPMENT OF MARINE TRANSPORTATION INDUSTRY AND ASSISTANCE TO CUSTOMERS
| Article 37 (Long-Term Development Plans for Marine Transportation Industry) |
| (1) | The Government shall formulate a long-term development plan for the marine transportation industry every five years, and announce it publicly. |
| (2) | The long-term development plan for the marine transportation industry under paragraph (1) shall include the following matters: |
| 1. | Demand for and supply of vessels; |
| 2. | Demand for and supply and welfare of seafarers; |
| 3. | International cooperation in the marine transport; |
| 4. | Matters necessary for sound development of the marine transportation industry. |
| Article 37-2 (Plans to Modernize Costal Passenger Ships) |
| (1) | The Minister of Oceans and Fisheries shall formulate and implement a plan to modernize costal passenger ships (hereafter referred to as "plan to modernize costal passenger ships" in this Article) on a five-year basis. |
| (2) | In formulating a plan to modernize costal passenger ships, the Minister of Oceans and Fisheries shall consult with the heads of the related central administrative agencies in advance. |
| (3) | Matters necessary to formulate and implement a plan to modernize costal passenger ships shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13002, Jan. 6, 2015]
| Article 37-3 (Marine Transportation Industry Development Committee) |
| (1) | A Marine Transportation Industry Development Committee shall be established under the Ministry of Oceans and Fisheries to consult and deliberate with a relevant central administrative agency on matters necessary for the sound development of the marine transportation industry and improvement of its competitiveness. |
| (2) | The Minister of Oceans and Fisheries shall serve as the chairperson of the Marine Transportation Industry Development Committee and its members shall be designated by the President from among public officials at the rank equivalent to Vice Minister of a relevant central administrative agency. |
| (3) | The Committee shall consult and deliberate on the following: |
| 1. | Matters regarding improvement in and support for institutions to develop the marine transportation industry; |
| 2. | Matters regarding support for stable acquisition of cargoes; |
| 3. | Matters regarding fostering of and support for personnel specializing in marine transportation; |
| 4. | Other matters deemed necessary by the chairperson for the sound development of the marine transportation industry and improvement of its competitiveness. |
| (4) | Matters necessary for the organization, operation, etc. of the Marine Transportation Industry Development Committee, other than those referred to in paragraphs (1) through (3), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15919, Dec. 11, 2018]
| Article 38 (Support for Acquisition, etc. of Vessels) |
| (1) | Where persons licensed or registered for marine transportation services (hereinafter referred to as "providers of marine transportation services") operate any of the following projects, if deemed that they require the financial support, the Government may subsidize or loan a portion of the required funds, or arrange for a loan therefor, as prescribed by Presidential Decree: |
| 1. | Import of vessels operating between domestic ports; |
| 2. | Improvement or replacement of vessels' installations; |
| 4. | Construction of vessels pursuant to the vessel modernization assistance project. |
| (2) | Where the project falling under paragraph (1) 1 or 4 is for replacing timeworn vessels, the Government may subsidize or loan a portion of the required fund, or arrange for a loan therefor, in preference to other projects. |
| Article 39 (Fund Raising, etc. for Vessel Modernization Assistance Project) |
| (1) | In order to efficiently support projects for construction of vessels under the vessel modernization assistance project, the Government may create the necessary funds annually, as prescribed by Presidential Decree. |
| (2) | If the Minister of Oceans and Fisheries intends to select the providers of marine transportation services for the vessel modernization assistance project, he/she shall formulate the criteria for such selection. In such cases, he/she shall ensure that persons falling under any of the following are selected with priority: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | A person who has entered into a long-term cargo transportation contract; |
| 2. | A person who intends to build optimized hull-form vessels. |
| Article 40 (Fostering Marine Transport Organizations) |
The Government shall foster marine transport organizations which have objectives of enhancing the economic positions of the providers of marine transportation services and promoting their international activities.
| Article 40-2 (Designation, etc. of Specialized Institutions) |
| (1) | The Minister of Oceans and Fisheries may, to create a foundation for stable maritime transportation transactions, designate a specialized maritime industry supporting institution (hereinafter referred to as “supporting institution”) in charge of the provision of information related to marine transportation industry, and the conduct of other related business affairs. |
| (2) | The business affairs of supporting institutions shall be as follows: |
| 1. | Analysis of, and provision of information on, marine transportation market conditions; |
| 2. | Development and operation of a marine freight index; |
| 3. | Consulting concerning ship transaction, such as economic analysis of ships; |
| 4. | Other business entrusted by the Minister of Oceans and Fisheries. |
| (3) | Where a designated supporting institution falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may cancel its designation, or wholly or partially suspend its business for a fixed period not exceeding six months: Provided That the Minister of Oceans and Fisheries shall cancel its designation where it falls under subparagraph 1: |
| 1. | Where it is designated by fraud or in other wrongful means; |
| 2. | Where it conducts any business affairs, in violation of any designated matters; |
| 3. | Where it fails to meet designation requirements for a supporting institution. |
| (4) | Matters necessary for designation requirements for and operation of supporting institutions shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14748, Mar. 21, 2017]
| Article 41 (Financial Support) |
| (1) | The Government may provide subsidies or loans, or arrange for loans, for mutual aid projects on marine transport and the installation and operation of joint facilities, which are conducted by marine transport organizations, as prescribed by Presidential Decree. <Amended by Act No. 11480, Jun. 1, 2012> |
| (2) | The Government may provide the providers of coastal cargo transportation services with the amount equivalent to an increase in the amount of tax imposed on oil used by his/her ships (hereinafter referred to as “oil tax subsidy”) in whole or in part, in order to promote energy and resources-related projects (limited to support projects following the reorganization of oil pricing structure) under Article 5 of the Act on the Special Accounts for Energy and Resources-Related Projects. <Newly Inserted by Act No. 11480, Jun. 1, 2012; Act No. 12154, Jan. 1, 2014; Act No. 14748, Mar. 21, 2017> |
| (3) | Detailed matters regarding the procedures for payment of oil tax subsidies, evidentiary materials, and other relevant matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| Article 41-2 (Use, etc. of Subsidies, etc.) |
| (1) | No person who has received a subsidy or loan under Articles 38 (1) or 41 (1) shall use it for any purpose other than the original purpose thereof. |
| (2) | If a provider of marine transportation services or a marine transport organization has received a subsidy or loan under Articles 38 (1) or 41 (1) or a provider of coastal cargo transportation services has received an oil tax subsidy under Article 41 (2) by fraud or other improper means, the Minister of Oceans and Fisheries shall order such provider or organization to return such subsidy, loan, or oil tax subsidy and, if the provider or organization fails to comply with such order, he/she shall redeem the subsidy, loan, or oil tax subsidy in the same manner as delinquent national taxes are collected. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11480, Jun. 1, 2012]
| Article 41-3 (Suspension of Payment of Oil Tax Subsidies and Other Relevant Matters) |
| (1) | No provider of coastal cargo transportation services who receives an oil tax subsidy under Article 41 (2) shall engage in any of the following: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015; Act No. 14748, Mar. 21, 2017; Act No. 15011, Oct. 31, 2017> |
| 2. | Receiving the oil tax subsidy by making transactions or by authorizing another person to make transactions on his or her behalf by means of any card used for applying for an oil tax subsidy (hereinafter referred to as “oil purchase card”), such as a credit card, debit card, pre-paid card, etc. defined in Article 2 of the Specialized Credit Finance Business Act, under the pretense of purchasing petroleum from a petroleum retailer, etc. or in excess of the actual purchase amount; |
| 3. | Requesting and receiving the oil tax subsidy by overstating the actual distance of operation or amount of fuel consumption; |
| 4. | Receiving the oil tax subsidy for the amount of oil used for any purpose other than for the coastal cargo transportation services; |
| 5. | Receiving the oil tax subsidy by misrepresenting the amount of oil purchased and consumed by another person or enterprise as his/her own one; |
| 6. | Receiving the oil tax subsidy by applying the unit price of oil different in kind from that actually purchased; |
| 7. | Not complying with a request for supplementing documents or on-the-spot inspection in relation to the request for the oil tax subsidy; |
| 8. | Any other acts prescribed by Ordinance of the Ministry of Oceans and Fisheries, than acts provided for in subparagraphs 1 through 7, such as submitting false evidentiary materials. |
| (2) | If a provider of coastal cargo transportation services engages in a prohibited act provided for in any subparagraph of paragraph (1), the Minister of Oceans and Fisheries may order revocation of registration, reduction of the number of the relevant vessels, or suspension of the operation of the relevant vessels for a fixed period not exceeding six months or may choose not to pay oil tax subsidies for a fixed period not exceeding one year. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| (3) | Detailed guidelines for the suspension of operation and other dispositions imposed under paragraph (2) shall be prescribed by Presidential Decree. |
| (4) | Where a petroleum retailer, etc. engages in any act falling under the subparagraphs of paragraph (1), the Minister of Oceans and Fisheries may suspend the transaction function of its oil purchase card with respect to its relevant place of business or choose not to recognize the materials concerning the transaction details issued by its relevant place of business as evidentiary materials under Article 41 (3). <Newly Inserted by Act No. 14748, Mar. 21, 2017> |
[This Article Newly Inserted by Act No. 11480, Jun. 1, 2012]
| Article 42 (Special Cases concerning Ship Mortgage) |
Loans may be provided to persons who import (including charter) or build vessels pursuant to Article 38 (1) 1 or 4 in order to provide marine transportation services, on condition that the relevant vessels be promptly offered as security after acquiring the ownership of the said vessels, even before filing for the registration for acquisition of the ownership of the said vessels.
| Article 42-2 (Special Cases concerning Operation of Seized Vessels) |
If a seized vessel is the only passenger ship operating on a service route covered by any licensed scheduled coastal passenger transportation services under subparagraph 1 of Article 3, the court may permit the operation of the seized vessel upon application by the debtor without the consent of the creditor, highest bidder, next highest bidder, and successful bidder, notwithstanding the latter part of Article 176 (2) of the Civil Execution Act. [This Article Newly Inserted by Act No. 11480, Jun. 1, 2012]
| Article 43 (Measures, etc. to Compensate for Losses) |
| (1) | Where a provider of coastal passenger transportation services suffers a loss owing to the construction of a land-linking bridge or an island-linking bridge between mainland and an island built as part of public works projects under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the Minister of Oceans and Fisheries shall take necessary measures, including the provision of materials, for the provider of coastal passenger transportation services to receive proper compensation from the undertaker of the works with respect to the license under Article 4. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 44 (Assistance of Cargo and Fare Rates to Customers of Passenger Ships) |
| (1) | The State or a local government may subsidize customers with part of the cargo and fare rates of passenger ships within budgetary limits, to promote the convenience of marine traffic in island areas. <Amended by Act No. 15919, Dec. 11, 2018> |
| (2) | The State or a local government may subsidize a provider of coastal cargo transportation services subsidies, etc. with part of the expenses incurred in transporting oil, gas, briquettes, or wood pellets to be used by residents of islands defined in Article 2 of the Islands Development Promotion Act within budgetary limits, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 15919, Dec. 11, 2018> |
| Article 44-2 (Building, etc. of Berthing Facilities for Passenger Ships, etc.) |
In order to promote the safety and convenience of the users of passenger ships, etc., the Minister of Oceans and Fisheries may build berthing facilities for the ports at which passenger ships, etc. call or may carry out dredging works, etc. for passenger ship routes. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11480, Jun. 1, 2012]
| Article 45 (Measures for Enforcing International Conventions, etc.) |
The Minister of Oceans and Fisheries may, where deemed necessary for enforcing the international conventions determining transport ratios among member states, or agreements on transportation, take such necessary measures as the adjustment of vessel operations by international service route, the determination of transport ratios among the providers of marine transportation services, or the establishment of a consultative organization related thereto, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| Article 46 (Countermeasures, etc.) |
| (1) | When a provider of marine transportation services has received any of the following disadvantageous treatments from any of the marine transportation-related government agencies, corporations, or organizations of a foreign state in breach of the principles of reciprocity and equality, the Government may take countermeasures commensurate therewith against vessel operation service providers of the foreign state or vessels owned by the providers; or domestic providers of vessel operation services de facto controlled by the foreign providers or vessels owned by the domestic providers: <Amended by Act No. 11598, Dec. 18, 2012> |
| 1. | Monetary imposition, including charges; |
| 2. | Prohibition or restriction of vessels' entry into ports; |
| 3. | Prohibition or restriction of cargo loading or unloading; |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | If a foreign vessel operation service provider is deemed to have committed acts detrimental to the development of Korean marine transportation, or to have distorted order in trade routes, the Government may take such measures as regulating the entry into ports against such provider or the vessels owned or operated by him/her. |
| (3) | Necessary matters concerning criteria, etc. for domestic providers of vessel operation services de facto controlled by the vessel operation service providers provided for in paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11598, Dec. 18, 2012> |
| (4) | Necessary matters concerning the details of measures taken under paragraph (1) or (2) and procedures therefor shall be prescribed by Presidential Decree. <Amended by Act No. 11598, Dec. 18, 2012> |
The Minister of Oceans and Fisheries shall supervise persons who have received subsidies or loans pursuant to this Act to ensure appropriate use of the said funds. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 48 (Exemption from Application) |
This Act shall not apply to marine passenger transportation services and marine cargo transportation services operated only with the following vessels:
| 1. | Vessels, the gross tonnage of which does not exceed five tons; |
| 2. | Vessels propelled only by oars or sails. |
| Article 48-2 (Special Cases concerning Transportation of First-Aid Patients) |
In cases of a marine accident, disaster, transportation of first-aid patients, or any other emergency, any person licensed to provide marine passenger transportation services under Article 4 (1) or any person who has registered coastal cargo transportation services under Article 24 (1) may transport passengers beyond the maximum number of passengers aboard set forth in Article 8 (2) of the Ship Safety Act, as prescribed by Presidential Decree. <Amended by Act No. 13002, Jan. 6, 2015; Act No. 16166, Dec. 31, 2018> [This Article Newly Inserted by Act No. 11480, Jun. 1, 2012]
| Article 49 (Restriction on Sale or Purchase, or Chartering or Hiring, of Vessels) |
| (1) | Where deemed necessary for maintaining proper tonnage, and marine safety and order in service routes, the Minister of Oceans and Fisheries may take measures to restrict the sale or purchase (including the purchase under a bareboat charter on the condition of acquiring a vessel's country of registration) or the chartering or hiring of vessels with a person not entitled to own any vessels of the Republic of Korea, or to restrict any assignment of vessels in the specified service routes or areas. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Oceans and Fisheries intends to impose any restriction pursuant to paragraph (1), he/she shall publicly notify in advance the details of the restriction including the sizes, kinds, ages, service routes or service areas of the relevant vessels. In this case, if it is intended to put any exception to such restriction, the requirements, procedures, etc. therefor shall be publicly notified together with the details of the restriction. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | A person who intends to be allowed any exception to the details of any restriction shall obtain permission therefor from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 16166, Dec. 31, 2018> |
| (4) | The Minister of Oceans and Fisheries shall notify an applicant of whether to grant permission within a period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date of receipt of an application for permission under paragraph (3). <Newly Inserted by Act No. 16166, Dec. 31, 2018> |
| (5) | If the Minister of Oceans and Fisheries fails to notify an applicant of whether to grant permission within the period prescribed in paragraph (4) or of an extension of such period under statutes and regulations related to handling civil petitions, permission shall be deemed granted on the date following the date the period (where the period is extended or re-extended under statutes and regulations related to handling civil petitions, referring to such extended or re-extended period) expires. <Newly Inserted by Act No. 16166, Dec. 31, 2018> |
| Article 49-2 (Payment of Monetary Rewards) |
| (1) | The Minister of Oceans and Fisheries may pay a monetary reward not exceeding ten million won to a person who reports on, or denounces a person who has engaged in a prohibited act set forth in Article 41-3 (1) to a relevant administrative agency or investigation agency. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The standards and procedures for, and methods of, the payment of monetary rewards under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11480, Jun. 1, 2012]
| Article 50 (Reports, Investigations, etc.) |
| (1) | In any of the following cases, the Minister of Oceans and Fisheries may require a provider of marine transportation services or a shipper under Article 31 (2) to submit materials prescribed by Ordinance of the Ministry of Oceans and Fisheries or to file a report: <Amended by Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| 1. | Where any of paragraph (2) 1 through 5 is applicable; |
| 2. | Deleted; <by Act No. 13002, Jan. 6, 2015> |
| 3. | Where it is necessary to ascertain the fulfillment of licensing conditions, etc. under Article 4 (4); |
| 4. | Where it is necessary to make an appraisal of the customer satisfaction levels for the passenger transportation service provider under Article 9; |
| 5. | Where it is necessary to ascertain cargo and fare rates reported by the passenger transportation service provider under Article 11; |
| 6. | Where it is necessary to ascertain whether the passenger transportation service provider operates services in compliance with his/her service plan under Article 13; |
| 7. | Where it is necessary to ascertain an agreement on cargo rates, etc. under Article 29; |
| 8. | Where it is necessary to ascertain depositing a service security bond or taking out security insurance under Article 34; |
| 9. | Where any ground for revocation of registration or such other action under Article 35 occurs; |
| 10. | Where it is necessary to conduct an investigation into the business performance, etc. of the provider of marine transportation services for the purposes of establishing marine transport policies, preparing marine transport-related statistics, and so forth. |
| (2) | In any of the following cases, the Minister of Oceans and Fisheries may require a related public official to investigate books, documents, or other objects aboard the vessels of the provider of marine transportation services or at his/her business place or other places: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Where it is necessary to issue an order to improve services or to ascertain its implementation pursuant to Articles 14 and 30; |
| 2. | Where it is necessary to designate and operate subsidized service routes pursuant to Article 15 and to issue an order to operate subsidized service routes pursuant to Article 16; |
| 3. | Where any ground for revocation of a license or such other action as provided for in Article 19 occurs; |
| 4. | Where it is necessary to confirm the publication of cargo rates and other relevant matters provided for in Article 28; |
| 5. | Where it is necessary to ascertain whether the provider of overseas cargo transportation services engage in a prohibited act provided for in Article 31 and whether the shipper as required under paragraph (2) of the said Article have his/her cargo transported at cargo rates lower or higher than the cargo rates published under Article 28, or accept a rebate of part of the paid cargo rates, by fraud; |
| 6. | Where the provider fails to submit materials or a report pursuant to paragraph (1), or submits false materials, or files a false report; |
| 7. | Where, as a result of examination of the materials and report submitted pursuant to paragraph (1), it is deemed impractical to attain the purpose of investigation. |
| (3) | In conducting investigation pursuant to paragraph (2), the investigation plan, including the scheduled date and time, reasons, content, etc. of the investigation, shall be notified to persons subject to investigation by no later than seven days before the investigation is conducted: Provided, That the same shall not apply in urgent cases or if it is deemed that a prior notification might cause destruction, etc. of evidence so as to make it impractical to attain the purpose of investigation. |
| (4) | Public officials who conduct an investigation pursuant to paragraph (2) shall carry certificates indicating their authority and present them to the interested parties. |
The Minister of Oceans and Fisheries shall hold a hearing where he/she intends to take any of the following dispositions: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Any person who intends to obtain a license or to file a registration under this Act shall pay the fees prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| Article 53 (Delegation and Entrustment of Authority) |
| (1) | The authority of the Minister of Oceans and Fisheries vested under this Act may be partially delegated to the heads of his/her subordinate agencies or entrusted to the heads of other central administrative agencies or the corporations or organizations established to promote marine transportation, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11480, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014> |
| (2) | The executive officers and employees of the corporations or organizations established for promoting marine transportation, who are engaged in the duties entrusted under paragraph (1), and non-public official members of the Passenger Ship Operation Management Rules Examination Committee under Article 21 (2) shall be deemed public officials for the purpose of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 13002, Jan. 6, 2015> |
| Article 54 (Electronic Processing, etc. of Civil Petition Affairs) |
Article 89 of the Harbor Act shall apply mutatis mutandis to the electronic processing, etc. of civil petition affairs under this Act. <Amended by Act No. 9773, Jun. 9, 2009>
Where deemed necessary for maintaining order in the marine transportation industry, protecting shippers' rights and interests, ensuring the safe transportation of passengers and cargo, the Minister of Oceans and Fisheries may publish matters concerning the administrative dispositions imposed on the providers of marine transportation services (including foreign providers of marine transportation services) for their violation of this Act, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14117, Mar. 29, 2016; Act No. 14748, Mar. 21, 2017>
CHAPTER VII PENALTY PROVISIONS
| Article 56 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding 20 million won: <Amended by Act No. 11480, Jun. 1, 2012; Act No. 14748, Mar. 21, 2017>
| 1. | A person who provides marine passenger transportation services or marine cargo transportation services, in violation of Article 4 (excluding any person falling under Article 48-2), 6 (1), or 24 (1) or (2); |
| 2. | A person who engages in the marine transportation brokerage business, etc., in violation of the former part of Article 33 (1); |
| 3. | A person who receives a subsidy or loan under Article 41 (1) and (2) by fraud or other improper means; |
| 4. | A person who uses a subsidy or loan for any purpose other than the original purpose thereof, in violation of Article 41-2 (1); |
| 5. | A person who violates the restriction under Article 49. |
| Article 57 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 11480, Jun. 1, 2012; Act No. 13002, Jan. 6, 2015; Act No. 14748, Mar. 21, 2017>
| 1. | A person who fails to either purchase insurance or enter into a mutual aid agreement, in violation of Article 4-3; |
| 2. | A person who violates an order issued under subparagraph 8 of Article 14 (including cases applied mutatis mutandis in Article 36), Article 21 (5), 22 (5) or (6), or 30 (limited to subparagraphs 2 and 3); |
| 3. | A person who violates a disposition for the suspension of services under Article 19 (1) (including cases applied mutatis mutandis in Articles 32 and 36) or 35; |
| 4. | A person involved in appointing an unqualified person as an operations manager, in violation of Article 22 (2). |
| Article 57-2 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding ten million won: <Amended by Act No. 14748, Mar. 21, 2017>
| 1. | A person who violates an order issued under Article 13 (2) (including cases applied mutatis mutandis in Article 32), subparagraph 1 of Article 14 (including cases applied mutatis mutandis in Article 36), or Article 16 (1), 28 (5), 29 (5), or 30 (limited to subparagraphs 1, 4, and 5); |
[This Article Newly Inserted by Act No. 13002, Jan. 6, 2015]
| Article 58 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or individual commits any violation described in Article 56, 57, or 57-2 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be subject to a fine prescribed in the relevant provision: 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. 13002, Jan. 6, 2015> [This Article Wholly Amended by Act No. 9615, Apr. 1, 2009]
| Article 59 (Administrative Fines) |
| (1) | In any of the following cases, a passenger transport service provider shall be subject to an administrative fine not exceeding five million won: <Newly Inserted by Act No. 13002, Jan. 6, 2015> |
| 1. | Where he/she fails to disclose the findings from inspection of his/her vessel, in violation of Article 11-3 (2), or falsely discloses such findings; |
| 2. | Where he/she fails to ascertain entries in a boarding pass, in violation of Article 21-2 (2); |
| 3. | Where he/she fails to refuse to allow a passenger to board the ship in violation of Article 21-2 (3); |
| 4. | Where he/she fails to ascertain whether a passenger is on board or to maintain the passenger register, in violation of Article 21-2 (4); |
| 5. | Where he/she fails to keep the details of boarding passes issued and the passenger register, in violation of Article 21-2 (5); |
| 6. | Where he/she fails to ascertain entries in loading tickets for vehicles and cargo waybills, to refuse to allow vehicles and cargo to be loaded, or to keep data on the issuance and loading, in violation of Article 21-4. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 14748, Mar. 21, 2017> |
| 1. | A provider of coastal passenger transportation services (referring to a safety management agency in cases of entrusting a safety management agency pursuant to Article 21-5 (2)) who fails to appoint a person in charge of safety management, in violation of Article 21-5 (1); |
| 2. | A provider of coastal passenger transportation services (referring to a safety management agency in cases of entrusting a safety management agency pursuant to Article 21-5 (2)) who fails to have a person in charge of safety management complete the education, in violation of Article 21-5 (3). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended by Act No. 11480, Jun. 1, 2012; Act No. 13002, Jan. 6, 2015; Act No. 14748, Mar. 21, 2017> |
| 1-2. | A person who fails to maintain the history of his/her passenger ship, in violation of Article 11-3 (1); |
| 1-3. | A passenger who boards a passenger ship without being issued with a boarding pass, in violation of Article 21-2 (1), or with a falsely issued boarding pass; |
| 1-4. | A person who commits any of the prohibited acts for passengers set forth in Article 21-3; |
| 1-5. | A person who loads a vehicle and cargo without being issued with a loading ticket and cargo waybill, in violation of Article 21-4, or with being issued with such ticket and waybill by fraud; |
| 1-6. | A person who fails to notify the fact that he/she has entrusted the relevant affairs to a safety management agency, in violation of Article 21-5 (2); |
| 2. | A person who performs temporary transportation without a report as provided in Article 25 (2); |
| 3. | A person who fails to publish the cargo rates as required under Article 28 (1); |
| 3-2. | A person who fails to file a registration of any modification of registered matters under the latter part of Article 33 (1) or includes any false entry in the registration of modification; |
| 4. | A person who fails to submit a report or materials under Article 50 (1), or files a false report or submits false documents; |
| 5. | A person who refuses, hinders, or evades an investigation issued under Article 50 (2);. |
| (4) | The administrative fines under paragraph (1) through (3) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13002, Jan. 6, 2015> |
| (5) | Deleted. <by Act No. 9615, Apr. 1, 2009> |
| Article 60 Deleted. <by Act No. 13002, Jan. 6, 2015> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 17 (2) of the Addenda shall enter into force on November 4, 2007.
Article 2 (Transitional Measures concerning Transfer or Takeover, etc. of Marine Passenger Transportation Services)
An application made for authorization for a transfer or takeover of marine passenger transportation services, or a merger or dissolution of corporations pursuant to the former provisions as of December 31, 1988 when the Marine Transportation Services Act (Act No. 4062) took effect, shall be deemed to be a report filed under this Act.
Article 3 (Transitional Measures concerning Cargo and Fare Rates)
The cargo and fare rates of the providers of coastal passenger transportation services, which had been authorized by the Administrator of the former Maritime and Port Administration pursuant to the former provisions as of March 10, 1993 when the Marine Transportation Services Act (Act No. 4546) took effect, shall be deemed to have been reported under the amended provisions of Article 11 (1). Article 4 (Transitional Measures concerning Restriction on License for Marine Cargo Transportation Services)
Where any shipper of large volume cargo had obtained a license for marine cargo transportation services, or had succeeded to the services, pursuant to the former provisions as of March 10, 1993 when the Marine Transportation Services Act (Act No. 4546) took effect, he/she shall be deemed to have obtained a license for marine cargo transportation services under this Act.
Article 5 (Transitional Measures concerning Registration of Overseas Cargo Transportation Services)
A person who had obtained a license for overseas cargo transportation services pursuant to the previous provisions as of June 30, 1996 when the Marine Transportation Act (Act No. 5114) took effect shall be deemed to have filed a registration under the amended provisions of Article 24 (2). Article 6 (Transitional Measures concerning Domestic Branch Offices Established by Foreigners)
A foreigner who had been carrying on marine cargo transportation services between domestic and foreign ports as of July 16, 1999 when the Marine Transportation Act (Act No. 5976) took effect, with permission for the establishment of branch offices in the Republic of Korea under the former provisions, shall be deemed to have filed a report under the amended provisions of Article 25. Article 7 (Transitional Measures concerning Coastal Cargo Transportation Services)
A provider of coastal cargo transportation services who had obtained a license under the previous provisions as of July 16, 1999 when the Marine Transportation Act (Act No. 5976) took effect shall be deemed to have filed a registration under the amended provisions of Article 24 (1). Article 8 (Transitional Measures concerning Long-term Development Plan for Marine Transportation Industry)
The basic plans for fostering the marine transportation industry that had been formulated and publicly announced under Article 3 of the previous Act on the Support of the Marine Transport Industry as of July 16, 1999 when the Marine Transportation Act (Act No. 5976) took effect shall be deemed to be the long-term development plans for marine transportation industry that have been formulated and publicly announced under the amended provisions of Article 37. Article 9 (Transitional Measures concerning Government Supports)
Article 10 (Transitional Measures concerning Countermeasures against Foreign Country)
Article 11 (Transitional Measures concerning License for Other Marine Passenger Transportation Services)
Among those who had obtained a license for other marine passenger transportation services pursuant to the former provisions as of April 5, 2007 when the Marine Transportation Act (Act No. 8046) took effect, a person who had been carrying any services corresponding to the cruise passenger transportation services under the amended provisions of subparagraph 5 of Article 3 shall be deemed to have obtained a license for the cruise passenger transportation services, and a person who had been carrying any services corresponding to the combined marine passenger transportation services under the amended provisions of subparagraph 6 of Article 3 shall be deemed to have obtained a license for the combined marine passenger transportation services. Article 12 (Transitional Measures concerning Special Cases concerning Foreign Providers of Marine Passenger Transportation Services)
A foreign provider of marine passenger transportation services who had been carrying on marine passenger transportation services between domestic and foreign ports as of April 5, 2007 when the Marine Transportation Act (Act No. 8046) took effect shall be deemed to have obtained approval under the amended provisions of Article 6 (1). Article 13 (Transitional Measures concerning Providers of Coastal Passenger Transportation Services Who had Made Report on Change in Service Plans)
An operator of coastal passenger transportation services who had made a report on a change to his/her service plan pursuant to the former provisions as of April 5, 2007 when the Marine Transportation Act (Act No. 8046) took effect shall be deemed to have obtained authorization for the change in his/her service plan under the amended provisions of Article 12 (2). Article 14 (Transitional Measures concerning Order to Put Vessels Out to Sea)
With respect to service routes operated by a passenger transportation service provider ordered to put his/her vessels out to sea pursuant to the previous provisions as of April 5, 2007 when the Marine Transportation Act (Act No. 8046) took effect, the order to put his/her vessels out to sea shall be deemed to have been withdrawn pursuant to the provisions of Article 17-2 (1) in force before the Marine Transportation Act (Act No. 8046) took effect, on the date when six months elapse from April 5, 2007 when the Marine Transportation Act (Act No. 8046) took effect. Article 15 (General Transitional Measures concerning Dispositions, etc.)
An act performed by or with regard to an administrative agency pursuant to the former provisions at the time of enforcement of this Act shall be deemed to be an act performed by or with regard to an administrative agency pursuant to the provisions of this Act corresponding thereto.
Article 16 (Transitional Measures concerning Penalties or Administrative Fines)
In applying the provisions of a penalty or administrative fine to any act committed prior to the enforcement of this Act, the previous provisions shall govern.
Article 17 Omitted.
Article 18 (Relationship to Other Statutes)
Where any other statute cites the former Marine Transportation Act or its provisions at the time of enforcement of this Act and where there exist, in this Act, provisions corresponding to those cited, this Act or the corresponding provisions of this Act shall be deemed to be cited in lieu of the former provisions.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9615, Apr. 1, 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. 11321, Feb. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11480, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Administrative Sanctions)
The amended provisions of Article 19 (2) 1 shall apply from the first person who obtains a license for or approval of marine passenger transportation services on or after the date this Act enters into force. Article 3 (Transitional Measures concerning Reports on Terms and Conditions of Transportation)
Each passenger transportation service provider as at the time this Act enters into force shall determine the terms and conditions of transportation provided for in the amended provisions of Article 11-2 (1) and report it to the Minister of Oceans and Fisheries within three months after this Act enters into force. <Amended by Act No. 11690, Mar. 23, 2013> Article 4 (Transitional Measures concerning Administrative Sanctions)
Any administrative sanction against a passenger transportation service provider falling under any subparagraph of Article 8 as at the time this Act enters into force shall be imposed in accordance with the former provisions of Article 19 (2) and (3), notwithstanding the amended provisions of Article 19 (2) 2 or 3. Article 5 (Transitional Measures concerning Renewal of Registration)
Any person who filed a registration of the marine transportation brokerage business, etc. (excluding vessel leasing services) pursuant to the previous provisions and for whom three years have passed therefrom, as at the time this Act enters into force, shall renew his/her registration pursuant to the amended provisions of Article 33 (3) within one year after this Act enters into force. Article 6 (Transitional Measures concerning Penalties and Administrative Fines)
In the application of penalties and administrative fines to any act committed before this Act enters into force, the previous provisions shall govern.
ADDENDUM <Act No. 11598, Dec. 18, 2012>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12092, Aug. 13, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12154, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 12492, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship and persons under limited guardianship referred to in the amended provision of subparagraph 1 of Article 8 (including cases applied mutatis mutandis under Articles 17 (3), 32, and 36) shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
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 ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13002, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 11-3, 21-5, 59 (1) 1, and 59 (2), and 59 (3) 1-2 shall enter into force on July 1, 2016. Article 2 (Transitional Measures concerning Providers of Marine Passenger Transportation Services)
A business entity that has obtained a license for marine passenger transportation services under Article 4 (1) as at the time this Act enters into force shall satisfy the criteria for licenses under the amended provisions of Article 5 within one year from the date this Act enters into force. Article 3 (Transitional Measures concerning Business Entities with Limited Licenses)
A business entity that has obtained a limited license under the previous Article 4 (2) as at the time this Act enters into force shall be deemed to have been granted a license for scheduled coastal passenger transportation services, and shall satisfy the criteria for licenses under the amended provisions of Article 5 within one year from the date this Act enters into force. Article 4 (Transitional Measures concerning Change of Institution Performing Management for Safe Operation of Passenger Sips)
All properties, rights, and duties of the Korea Shipping Association established under the Korea Shipping Association Act with regard to the performance of management for safe operation of passenger ships, as at the time this Act enters into force, shall be succeeded by the Korea Ship Safety Technology Authority established under the Ship Safety Act. Article 5 Omitted.
ADDENDA <Act No. 13186, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 14117, Mar. 29, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14748, Mar. 21, 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 Articles 21-5 (3) and (4), and 59 (2) shall enter into force on January 1, 2018. Article 2 (Applicability to Consultation concerning Application for License to Provide Cruise Passenger Transportation Services, etc.)
The amended provisions of Article 4-2 (5) shall begin to apply where consultation concerning a license for cruise passenger transportation services or combined marine passenger transportation services is requested after this Act enters into force. Article 3 (Applicability to Reporting, etc. of Establishment of Branch Office in the Republic of Korea by Foreign Provider of Marine Passenger Transportation Services)
The amended provisions of Articles 7 (2) and (3), 11 (2) and (3), 11-2 (2) and (3), 12 (2) and (3), 17 (5) and (6), 25 (3) and (4), 26 (2) and (3), 28 (3) and (4), and 29 (3) and (4) shall begin to apply where any of the following reports is filed after this Act enters into force: a report or modification report on the establishment of a branch office in the Republic of Korea by a foreign provider of marine passenger transportation services; a report or modification report on cargo rates, and terms and conditions of transportation by a provider of passenger transportation services; a modification report on the business plan by a provider of passenger transportation services; a report on succession to marine passenger transportation services; a report by a person who has registered coastal cargo transportation services or unscheduled overseas cargo transportation services; a report or modification report on the establishment of a branch office in the Republic of Korea by a foreigner who intends to provide marine cargo transportation services; a report or modification report on the operation plan by a foreigner who provides scheduled cargo transportation services between domestic and foreign ports; a report or modification report on an agreement by a provider of overseas cargo transportation services (including a foreign cargo transportation services who provides marine cargo transportation services between domestic and foreign ports). Article 4 (Applicability to Modification Reports)
Where procedures for modification to any registered matters are underway pursuant to the latter part of the former Article 24 (1) or (2), the amended provisions of paragraphs (5) and (6) of that Article shall apply, as if a report on modification as provided for in the amended provisions of Article 24 (4) were accepted on the enforcement date of this Act. Article 5 (Applicability to Suspension, etc. of Transaction Function of Oil Purchase Cards)
The amended provisions of Article 41-3 (4) shall apply beginning with the first case of participation in or conspiracy of an act falling under any subparagraph of paragraph (1) of that Article after this Act enters into force. Article 6 (Transitional Measure concerning Grounds for Disqualification)
Where a licensee for marine passenger transportation services as at the time this Act enters into force falls under any of the grounds for disqualification provided for in the amended provisions of subparagraph 3 of Article 8 due to any cause occurring before this Act enters into force, the former provisions shall apply notwithstanding such amended provisions. Article 7 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. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 15919, Dec. 11, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16160, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 16166, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Permission for Allowing Exception to Restrictions on Sale or Purchase, or Chartering or Hiring, of Vessels)
The amended provisions of Article 49 (4) and (5) shall begin to apply to an application for permission for allowing exception to restrictions, etc. on sale or purchase, or chartering or hiring, of vessels, which is filed after this Act enters into force.