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AIDS TO NAVIGATION ACT

Wholly Amended by Act No. 15009, Oct. 31, 2017

Amended by Act No. 16286, Jan. 15, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to securing the safety of marine transportation and improving the efficiency of navigation of ships by installing aids to navigation and managing them in a rational and efficient manner.
 Article 2 (Definitions)
(1) The terms used in this Act shall be defined as follows:
1. The term "aid to navigation" means an aid to navigation prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as a visual aid, shape aid, audible aid, radio aid and special mark, which shows navigating ships the position and direction of the ships, position of obstacles, etc. by means of lights, shapes, colors, sound, radio waves, etc.;
2. The term "facilities attached to aids to navigation" means the following facilities attached to aids to navigation:
(a) Access roads to aids to navigation;
(b) Buildings (referring to buildings prescribed in Article 2 (1) 2 of the Building Act) used as offices, living quarters, power houses, warehouses, etc. for the management of aids to navigation;
(c) Building equipment installed in buildings prescribed in item (b) (referring to building equipment prescribed in Article 2 (1) 4 of the Building Act);
3. The term "aids to navigation equipment and supplies" means equipment and supplies necessary to maintain and manage the functioning of aids to navigation, such as a marine lantern, control panel, charge and discharge controller, battery, etc.
 Article 3 (Responsibilities of the State)
In order to protect the lives and property of the people by securing the safety of marine transportation, the State shall prepare policies for aids to navigation and implement such policies faithfully.
 Article 4 (Scope of Application)
This Act shall apply to aids to navigation installed in the following waters:
1. Inland waters prescribed in the Inland Water Fisheries Act;
2. Territorial seas or internal waters prescribed in the Territorial Sea and Contiguous Zone Act;
3. Exclusive economic zones prescribed in the Act on the Exclusive Economic Zone and Continental Shelf.
 Article 5 (Relationship to Other Statutes)
Except as otherwise provided for in other statutes, the installation and management of aids to navigation shall be governed by this Act.
CHAPTER II MASTER PLANS FOR AIDS TO NAVIGATION
 Article 6 (Formulation of Master Plans for Aids to Navigation)
(1) For the creation of a safe and efficient marine transportation environment, the Minister of Oceans and Fisheries shall formulate and implement a master plan for aids to navigation every 10 years (hereinafter referred to as "master plan for aids to navigation") in consultation with the heads of relevant central administrative agencies. <Amended by Act No. 16286, Jan. 15, 2019>
(2) A master plan for aids to navigation shall include the following matters:
1. Basic direction-setting regarding aids to navigation and objectives of promoting aids to navigation;
2. Technological research on aids to navigation;
3. Investment plans for aids to navigation;
4. International cooperation for aids to navigation;
5. Training of professional human resources for aids to navigation;
6. Other matters necessary for the development of aids to navigation.
(3) The Minister of Oceans and Fisheries shall examine the appropriateness of the master plan for aids to navigation every five years.
(4) Matters necessary for formulating and implementing a master plan for aids to navigation prescribed in paragraph (1) and examining the appropriateness of a master plan for aids to navigation prescribed in paragraph (3) shall be prescribed by Presidential Decree.
 Article 7 (Revision of Master Plans for Aids to Navigation)
The Minister of Oceans and Fisheries may revise master plans for aids to navigation for the following cases:
1. Where the revision of a master plan for aids to navigation is deemed necessary as a result of examining the appropriateness of the master plan for aids to navigation pursuant to Article 6 (3);
2. Where the revision of a master plan for aids to navigation is necessary according to the change of marine environment, introduction of new methods of aids to navigation, etc.
 Article 8 (Formulation of Implementation Plans for Aids to Navigation)
(1) The Minister of Oceans and Fisheries shall formulate and implement an implementation plan for aids to navigation each year according to the master plan for aids to navigation, and shall endeavor to secure financial resources necessary therefor. <Amended by Act No. 16286, Jan. 15, 2019>
(2) Matters necessary for formulating, implementing and revising implementation plans for aids to navigation prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 8-2 (Submission of Master Plans and Implementation Plans for Aids to Navigation to National Assembly)
(1) Where the Minister of Oceans and Fisheries formulates or amends a master plan for aids to navigation or an implementation plan for aids to navigation, he/she shall notify it to the heads of relevant central administrative agencies, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as the "Mayors/Do Governors"), and shall submit the relevant plan to the competent standing committee of the National Assembly without delay.
(2) Where the Minister of Oceans and Fisheries formulates or amends a master plan or implementation plan for aids to navigation, he/she shall make the fact public.
(3) Where it is necessary to formulate a master plan or implementation plan for aids to navigation, the Minister of Oceans and Fisheries may request submission of relevant data from the heads of relevant central administrative agencies or the Mayors/Do Governors. In such cases, the heads of relevant central administrative agencies or the Mayors/Do Governors so requested shall comply, except in any extenuating circumstance.
(4) Matters necessary for the procedures for notifying and submitting a master plan or implementation plan for aids to navigation under paragraph (1) and for the methods for making the fact public under paragraph (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Act No. 16286, Jan. 15, 2019]
CHAPTER III INSTALLATION, MANAGEMENT AND PROTECTION OF AIDS TO NAVIGATION
SECTION 1 Installation and Management of Aids to Navigation
 Article 9 (Installation and Management of Aids to Navigation)
(1) The Minister of Oceans and Fisheries shall install and manage aids to navigation.
(2) Where the Minister of Oceans and Fisheries intends to install an aid to navigation pursuant to paragraph (1), he/she shall determine the placement and functions of the aid to navigation, comprehensively taking into account the conditions, status of marine transportation, etc. of the sea in which the aid to navigation is to be installed, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The Minister of Oceans and Fisheries shall secure, maintain and manage facilities, equipment, ships, etc. necessary for the installation and management of aids to navigation.
(4) In order to confirm whether the functions of aids to navigation publicly announced pursuant to Article 16 are maintained, the Minister of Oceans and Fisheries shall conduct measurements and analyses for the functions of the aids to navigation periodically, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(5) Where the Minister of Oceans and Fisheries determines standards for the functions and specifications of aids to navigation, he/she shall publicly announce such standards.
(6) Notwithstanding paragraph (1), any person who needs to install aids to navigation to use them for his/her business or duties may install the aids to navigation by obtaining permission from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
 Article 10 (Provision of Navigation Information)
(1) The Minister of Oceans and Fisheries shall install and operate the differential global navigation satellite system (DGNSS) and long range navigation system (LORAN), respectively, to provide the following navigation information to users, as prescribed by Presidential Decree:
1. Positioning information generated by correcting various differential factors based on signals received by satellites for position measurement (excluding the area of aviation, and areas of land survey prescribed by Presidential Decree);
2. Information on the position, navigation, timing, etc. of ships, which is obtained by using radio waves emitted from a transmitting station installed on the ground.
(2) Where the Minister of Oceans and Fisheries installs and operates a global navigation satellite system, he/she shall consult with the heads of relevant central administrative agencies in advance thereon.
(3) The Minister of Oceans and Fisheries shall promote technology development for the installation and management of the global navigation satellite system and long range navigation system and for the provision of navigation information, as prescribed by Presidential Decree.
(4) The Minister of Oceans and Fisheries shall formulate and implement security measures, etc. to reinforce the security of the global navigation satellite system and long range navigation system, as prescribed by Presidential Decree.
 Article 11 (Installation and Operation of Special Marks)
(1) The Minister of Oceans and Fisheries may install and operate special marks, such as marine weather marks, tidal current marks, and automatic position identification marks in the waters where marine accidents occur or are likely to occur frequently due to the volume of vessel traffic, marine weather conditions, tidal currents, etc., and may provide the relevant information in real time. In such cases, the Minister of Oceans and Fisheries shall install and operate special marks preferentially in the waters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Matters necessary for the installation and operation of special marks prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 12 (Removal of Underwater Rocks)
(1) Where there are underwater rocks to obstruct the navigation of vessels in waters besides harbor zones prescribed in subparagraph 4 of Article 2 of the Harbor Act and in waters besides fishery harbor zones prescribed in subparagraph 4 of Article 2 of the Fishing Villages and Fishery Harbors Act, the Minister of Oceans and Fisheries shall install aids to navigation therein.
(2) Where it is not possible to install aids to navigation pursuant to paragraph (1) but it is necessary to prevent marine accidents, the Minister of Oceans and Fisheries may remove the relevant underwater rocks, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 13 (Installation and Management of Aids to Navigation Marking Construction Zones)
(1) Any person who intends to conduct any of the following acts in waters used for the navigation of vessels and prescribed by Presidential Decree shall install and manage aids to navigation by obtaining permission from the Minister of Oceans and Fisheries:
1. Implementing construction works which can obstruct the navigation of vessels, such as dredging, reclamation, and installation of structures;
2. Installing artificial structures, such as a wind power generation plant, tidal power plant, wave power plant, and pier.
(2) Where a person obliged to install aids to navigation pursuant to paragraph (1) fails to do so, the Minister of Oceans and Fisheries may order him/her to take necessary measures, such as the suspension of construction works.
 Article 14 (Installation and Management of Wreck Marks)
(1) Where a ship sunken or stranded in waters used for the navigation of ships and prescribed by Presidential Decree obstructs the navigation of other ships, the owner of the relevant ship shall install and manage aids to navigation to mark the sunken or stranded ship without delay (hereinafter referred to as "wreck mark") and shall file a report on such fact with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
(2) Where the Minister of Oceans and Fisheries deems that a wreck mark installed pursuant to paragraph (1) is likely to severely impair the safety of navigation of ships, he/she may order the owner of the sunken or stranded ship to take necessary measures, such as the additional installation or change of position of the wreck mark. In such cases, any person who has taken necessary measures, such as the additional installation or change of position of a wreck mark according to the order of the Minister of Oceans and Fisheries to take measures shall inform the Minister of Oceans and Fisheries of such fact.
(3) Any person obliged to install and manage wreck marks pursuant to paragraph (1) may request the Minister of Oceans and Fisheries to vicariously install and manage the wreck marks, on condition that he/she bear the costs, as prescribed by Presidential Decree.
(4) Notwithstanding paragraphs (1) and (3), the Minister of Oceans and Fisheries may directly install and manage wreck marks for the following cases to prevent marine accidents and claim the costs thereof from the owner of the sunken or stranded ship:
1. Where it is necessary to install wreck marks urgently;
2. Where the owner of a sunken or stranded ship fails to install wreck marks;
3. Where wreck marks fail to be installed due to other causes.
(5) Matters necessary for the methods of calculation, period of payment, etc. of costs for installing and managing wreck marks under the circumstance that the Minister of Oceans and Fisheries installs and manages the wreck marks pursuant to paragraph (3) or (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 15 (Legal Fiction of Permission)
(1) Where permission is obtained or a report is filed pursuant to Article 9 (6), 13 (1), 14 (1) or 19 (1), or the owner of a sunken or stranded ship installs wreck marks additionally or changes the position of the wreck marks installed in compliance with an order of the Minister of Oceans and Fisheries to take measures prescribed in Article 14 (2), the following permission, approval, or report shall be deemed granted or filed:
1. Permission to occupy and use public waters prescribed in Article 8 of the Public Waters Management and Reclamation Act, and approval for or reporting on implementation plans for occupation and use prescribed in Article 17 of the same Act;
2. Permission to occupy and use rivers prescribed in Article 33 of the River Act.
(2) Where the Minister of Oceans and Fisheries intends to grant permission to install or change aids to navigation pursuant to Article 9 (6), 13 (1) or 19 (1), he/she shall pre-consult with the heads of relevant administrative agencies on any of the matters in the subparagraphs of paragraph (1).
(3) Where the owner of a ship installs a wreck mark and files a report on such fact pursuant to Article 14 (1), or installs a wreck mark additionally or changes the position of a wreck mark installed pursuant to paragraph (2) of the same Article, the Minister of Oceans and Fisheries shall notify the heads of the relevant administrative agencies of any of the matters in the subparagraphs of paragraph (1).
(4) The heads of relevant administrative agencies shall submit their opinions within such period as may be prescribed by Presidential Decree from the receipt of a request for consultation referred to in paragraph (2). <Newly Inserted by Act No. 16286, Jan. 15, 2019>
(5) Where the heads of relevant administrative agencies fail to submit their opinions within the period prescribed in paragraph (4) (where the answer period is extended pursuant to Article 20 (2) of the Civil Petitions Treatment Act, referring to such extended period), it shall be deemed that such consultation has been made. <Newly Inserted by Act No. 16286, Jan. 15, 2019>
 Article 16 (Public Announcement of Aids to Navigation)
Where aids to navigation are installed or abolished or there is any change in the current status of aids to navigation prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the position, name and character of light (hereinafter referred to as "change of current status"), the Minister of Oceans and Fisheries shall publicly announce such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 17 (Reporting)
Any person who discovers aids to navigation involved in accidents caused by natural disasters, collision with ships or other causes, such as a blackout, being lost in the waves, sinking, collapse, or moved position shall immediately file a report on such fact with the Minister of Oceans and Fisheries or the heads of the institutions under the Minister's control, or the head of the coast guard office.
SECTION 2 Management of Private Aids to Navigation
 Article 18 (Management of Private Aids to Navigation)
(1) The owners of aids to navigation installed by persons other than the Minister of Oceans and Fisheries pursuant to Article 9 (6), 13 or 14 (hereinafter referred to as "private aids to navigation") shall employ a person who engages in the management of the private aids to navigation (hereinafter referred to as "staff member managing private aids to navigation"), shall be equipped with equipment and facilities necessary for managing the private aids to navigation, and shall file a report thereon with the Minister of Oceans and Fisheries: Provided, That the same shall not apply to the following cases:
1. Requesting the Minister of Oceans and Fisheries to vicariously install and manage wreck marks pursuant to Article 14 (3);
2. Outsourcing the management of private aids to navigation to persons who have filed the registration of business to provide outsourcing services for the management of private aids to navigation pursuant to Article 23 (1) (hereinafter referred to as "outsourced management business entity").
(2) Where the owner of a private aid to navigation falls under any of the following cases, he/she shall file a report on such fact with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:
1. Transferring a private aid to navigation to another person;
2. Outsourcing the management of a private aid to navigation to an outsourced management business entity;
3. Where a private aid to navigation is malfunctioning due to a blackout, being lost in the waves, sinking, collapse, moved position, etc.
(3) The owner or outsourced management business entity of a private aid to navigation shall manage the relevant private aid to navigation to prevent it from malfunctioning.
(4) Where a private aid to navigation is malfunctioning due to a blackout, being lost in the waves, sinking, collapse, moved position, etc. or impedes marine traffic, the Minister of Oceans and Fisheries may order the owner or the outsourced management business entity thereof to take measures necessary to eliminate such impediment within a specified period.
(5) Upon receiving a report prescribed in paragraph (2) 1, the Minister of Oceans and Fisheries shall notify the person who has filed the report, of whether his/her report has been accepted within six days from the receipt thereof. <Newly Inserted by Act No. 16286, Jan. 15, 2019>
(6) Where the Minister of Oceans and Fisheries fails to notify the person who has filed the report, of whether his/her report has been accepted or the extension of its processing period pursuant to the statutes or regulations governing processing of civil petitions within the period prescribed in paragraph (5), the report shall be deemed accepted the day after the end of such period (where the processing period is extended or re-extended pursuant to the statutes or regulations governing processing of civil petitions, referring to such extended period). <Newly Inserted by Act No. 16286, Jan. 15, 2019>
 Article 19 (Change of Current Status of Private Aids to Navigation)
(1) Where the owner of a private aid to navigation intends to change its current status, he/she shall obtain permission therefor from the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
(2) Where the owner of a private aid to navigation intends to abolish the private aid to navigation due to the dissolution of the purpose of the installation thereof shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Upon receiving a report prescribed in paragraph (2), the Minister of Oceans and Fisheries shall notify the person who has filed the report, of whether his/her report has been accepted within six days from the receipt thereof. <Newly Inserted by Act No. 16286, Jan. 15, 2019>
(4) Where the Minister of Oceans and Fisheries fails to notify the person who has filed the report, of whether his/her report has been accepted or the extension of its processing period pursuant to the statutes or regulations governing processing of civil petitions within the period prescribed in paragraph (3), the report shall be deemed accepted the day after the end of such period (where the processing period is extended or re-extended pursuant to the statutes or regulations governing processing of civil petitions, referring to such extended period). <Newly Inserted by Act No. 16286, Jan. 15, 2019>
 Article 20 (Confirmation of Completion of Construction of Private Aids to Navigation)
Where a private aid to navigation is installed, or the change of current status of private aids to navigation is made pursuant to Article 19 (1), the owner of the relevant private aid to navigation shall obtain the confirmation of completion of construction from the Minister of Oceans and Fisheries without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 21 (Grounds for Disqualification)
None of the following persons shall become a staff member managing private aids to navigation:
1. A minor;
2. A person under adult guardianship or a person under limited guardianship;
3. A person who is sentenced to imprisonment with labor for violating this Act or Article 186 of the Criminal Act and a person for whom three years have not passed from the date on which the execution of the punishment is terminated (including cases where the execution of the punishment is considered to be terminated) or exempted;
4. A person under suspension of the execution of the punishment for violating this Act or Article 186 of the Criminal Act.
 Article 22 (Management of Staff Members Managing Private Aids to Navigation)
(1) Where a staff member managing private aids to navigation violates any of the matters to be observed which are prescribed by Ordinance of the Ministry of Oceans and Fisheries in the course of conducting his/her duty to manage the private aids to navigation, the Minister of Oceans and Fisheries may request the owner or the outsourced management business entity of the private aids to navigation to take necessary corrective measures, such as suspending the duties of the staff member managing private aids to navigation for a period not exceeding six months or replacing the staff member managing private aids to navigation.
(2) Where the owner or the outsourced management business entity of a private aid to navigation is requested to take corrective measures prescribed in paragraph (1), he/she shall comply therewith unless he/she has a special cause to the contrary, and inform the Minister of Oceans and Fisheries of the details of the measures taken within 15 days from the date on which he/she is requested to take corrective measures.
(3) Detailed standards for suspending the duties, etc. of staff members managing private aids to navigation, which are as prescribed in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 23 (Registration of Outsourced Management Business)
(1) Any person who intends to conduct business to undertake the outsourced management of private aids to navigation (hereinafter referred to as "outsourced management business") shall file registration with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries in compliance with the registration standards prescribed by Presidential Decree for the number of staff members managing private aids to navigation, facilities, capital, etc. The same shall apply to the change of matters registered.
(2) None of the following persons shall become an outsourced management business entity:
1. A minor;
2. A person under adult guardianship or limited guardianship;
3. A person who is sentenced to imprisonment with labor for violating this Act or Article 186 of the Criminal Act and a person for whom three years have not passed from the date on which the execution of the punishment is terminated (including cases where the execution of the punishment is considered to be terminated) or exempted;
4. A person under the suspension of the execution of the punishment for violating this Act or Article 186 of the Criminal Act;
5. A person for whom two years have not passed since his/her registration of outsourced management business is canceled pursuant to Article 26 (excluding cases where the registration of outsourced management business is canceled due to falling under subparagraph 1 or 2 of this paragraph);
6. A corporation the representative of which is a person who falls under any of subparagraphs 1 through 5.
(3) Where an outsourced management business entity registers business, the Minister of Oceans and Fisheries shall issue a certificate of registration of outsourced management business to such entity, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) Any outsourced management business entity who has had a certificate of registration issued pursuant to paragraph (3) shall, if there is any change in the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries among the matters mentioned in the certificate of registration of outsourced management business, request the Minister of Oceans and Fisheries to change such matters mentioned within 30 days, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(5) No outsourced management business entity shall lend his/her certificate of registration of outsourced management business to other persons.
 Article 24 (Succession to Rights and Obligations)
(1) Where an outsourced management business entity transfers the relevant business or dies, or where a corporation is merged with another corporation, the transferee or inheritor, or the corporation surviving the merger or the corporation established by the merger shall succeed to the rights and obligations that ensue from the registration thereof.
(2) Any person who takes over the entire facilities and equipment of an outsourced management business entity by means of an auction prescribed by the Civil Execution Act, realization prescribed by the Debtor Rehabilitation and Bankruptcy Act, sale of seized property prescribed by the National Tax Collection Act, the Customs Act or the Framework Act on Local Taxes, and other procedures corresponding thereto shall succeed to the rights and obligations that ensue from the registration thereof.
(3) Any person who succeeds to rights and obligations pursuant to paragraph (1) shall file a report on such fact with the Minister of Oceans and Fisheries within 30 days from the date he/she succeeds to such rights and obligations, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) Article 23 (2) shall apply mutatis mutandis to grounds for disqualification of persons who succeed to rights and obligations pursuant to paragraph (1) or (2).
(5) Upon receiving a report prescribed in paragraph (3), the Minister of Oceans and Fisheries shall notify the person who has filed the report, of whether his/her report has been accepted within such period as may be prescribed by Ordinance of the Ministry of Oceans and Fisheries from the receipt thereof. <Newly Inserted by Act No. 16286, Jan. 15, 2019>
(6) Where the Minister of Oceans and Fisheries fails to notify the person who has filed the report, of whether his/her report has been accepted or the extension of its processing period pursuant to the statutes or regulations governing processing of civil petitions within the period prescribed in paragraph (5), the report shall be deemed accepted the day after the end of such period (where the processing period is extended or re-extended pursuant to the statutes or regulations governing processing of civil petitions, referring to such extended period). <Newly Inserted by Act No. 16286, Jan. 15, 2019>
 Article 25 (Reporting on Commencement of Business)
Where an outsourced management business entity intends to commence, suspend or close the business, he/she shall file a report on such fact with the Minister of Oceans and Fisheries in advance, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall apply to cases where he/she intends to resume business after the suspension of business.
 Article 26 (Cancelation of Registration of Outsourced Management Business)
(1) Where an outsourced management business entity falls into any of the following cases, the Minister of Oceans and Fisheries may cancel the registration of outsourced management business or issue a business suspension order by fixing a period not exceeding one year: Provided, That in cases falling under any of subparagraphs 1 through 3, or 6, he/she must cancel the registration:
1. Filing the registration of outsourced management business by fraud or other improper means;
2. Lending a certificate of registration of outsourced management business to other persons;
3. Concluding a new outsourced management contract for the management of private aids to navigation during the period of suspension of business;
4. Thirty days have passed from the date an outsourced management business entity failed to comply with the registration standards for outsourced management business prescribed in the former part of Article 23 (1);
5. Changing matters registered without filing registration for change or filing a false registration for change in violation of the latter part of Article 23 (1);
6. Falling into the grounds for disqualification under the subparagraphs of Article 23 (2) (including cases where Article 23 (2) applies mutatis mutandis under Article 24 (4)): Provided, That the following cases shall be excluded:
(a) Falling under any of the subparagraphs of Article 23 (2) due to inheritance but the ground for disqualification ceases to exist within three months;
(b) Where a corporation which falls under Article 23 (2) 6 replaces its representative who has grounds for disqualification within three months;
7. Commencing, suspending or resuming business without filing a report on the commencement of business, suspension of business, or closure of business in violation of Article 25;
8. Failing to resume business within one year from the date of registration without good cause.
(2) Where an outsourced management business entity becomes subject to a disposition of cancelation of registration of outsourced management business or suspension of business, which is prescribed in paragraph (1), such entity shall inform the owner of the private aid to navigation who outsourced the management thereof of such fact within 15 days from the date on which he/she becomes subject to such disposition.
(3) Matters such as detailed standards, procedures, etc. for dispositions prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 27 (Measures Following Cancelation of Registration of Outsourced Management Business)
(1) The owner of each private aid to navigation may have the outsourced management business entity who is subject to a disposition of cancelation of registration of outsourced management business or suspension of business pursuant to Article 26 (1) continue to conduct the outsourced management business for which the contract has concluded before such disposition is imposed for a period not exceeding three months.
(2) Where an outsourced management business entity who is subject to a disposition of cancelation of registration of outsourced management business or suspension of business pursuant to Article 26 (1) continues to conduct the outsourced management business pursuant to paragraph (1), he/she shall be considered as an outsourced management business entity prescribed by this Act until the outsourced management business is terminated within the period prescribed in paragraph (1).
 Article 28 (Reporting and Confirmation)
(1) The Minister of Oceans and Fisheries may have the owners of private aids to navigation or outsourced management business entities submit materials or file reports, which are necessary for the management and operation of the aids to navigation, or have the relevant public officials enter the management offices of aids to navigation, facilities attached to aids to navigation, and other places to investigate the actual conditions of management of the aids to navigation, or compliance or non-compliance with the registration standards for outsourced management business or inspect account books and other documents.
(2) Every relevant public official who makes an entry pursuant to paragraph (1) shall carry a certificate showing his/her authority and present it to interested persons.
(3) Where the Minister of Oceans and Fisheries intends to investigate the actual conditions of management, etc. or inspect account books and other documents by entering a management office, etc. pursuant to paragraph (1), he/she shall make a written notice to the owner or outsourced management business entity of the private aids to navigation, stating the purpose, date, period, etc. of entry not later than seven days prior to the date on which the investigation or inspection is to be conducted: Provided, That he/she may not make a notice where urgency is required or an advance notice is deemed to make it impossible to attain the purpose of investigation or inspection due to destruction of evidence, etc.
 Article 29 (Orders for Relocation and Removal)
(1) In addition to the issuance of orders for taking measures for eliminating the functional disorders of private aids to navigation or impediments to marine transportation under Article 18 (4), the Minister of Oceans and Fisheries may, if necessary for the safety of marine transportation, have the owners or outsourced management business entities of private aids to navigation relocate or remove the relevant private aids to navigation or take other necessary measures by fixing a deadline.
(2) The Minister of Oceans and Fisheries may, if necessary for the safety of marine transportation and public interests, directly manage private aids to navigation or expropriate the relevant private aids to navigation, as prescribed by Presidential Decree.
SECTION 3 Protection of Aids to Navigation
 Article 30 (Prohibition of Damaging Aids to Navigation)
No person shall damage aids to navigation.
 Article 31 (Restrictions on Lights)
(1) No person shall use lights or sound, etc. that is likely to be mistaken as an aid to navigation.
(2) The Minister of Oceans and Fisheries may have persons who conduct or intend to conduct any act prescribed in paragraph (1) suspend the use thereof or take other necessary measures to prevent said act from being mistaken as an aid to navigation.
 Article 32 (Restrictions on Construction)
(1) Any person who intends to embark on the construction of buildings, salvage of sunken objects, installation of lighting or sound facilities, or other construction works or operations which are likely to impede the functioning of aids to navigation shall take necessary measures to prevent such impediment.
(2) Where a person who intends to embark on construction works or operations prescribed in paragraph (1) fails to take measures necessary to prevent the malfunctioning of aids to navigation, the Minister of Oceans and Fisheries may order such person to suspend the construction works or operations.
 Article 33 (Restrictions on Installation of Structures)
(1) No person shall install or plant structures, plants or other facilities (hereinafter referred to as "structure, etc.") near aids to navigation, which cause or are likely to cause the malfunctioning of the aids to navigation.
(2) With regard to structures, etc. installed or planted in violation of paragraph (1), the Minister of Oceans and Fisheries may have the persons who have rights to the structures, etc., such as ownership remove, or relocate and install the parts impeding the functioning of aids to navigation limitedly or take other necessary measures therefor.
(3) Where existing structures, etc. impede or are likely to impede the functioning of a newly installed aid to navigation, the Minister of Oceans and Fisheries may order the persons who have a justifiable claim to the structures, etc., such as ownership to remove, or relocate and install the parts causing such impediment, or take other necessary measures therefor.
 Article 34 (Restrictions on Ships)
(1) No person shall navigate a ship (including floating docks, rafts, wing-in-ground effect ships, water leisure crafts prescribed in subparagraph 3 of Article 2 of the Water-Related Leisure Activities Safety Act, and other structures similar to ships; hereafter the same shall apply in this Article) close to an aid to navigation to the extent likely to cause damage to the aid to navigation.
(2) No person shall moor a ship to an aid to navigation: Provided, That the same shall not apply to aids to navigation installed for the purpose of mooring ships.
(3) No person shall anchor or stop a ship at a place where the ship is likely to impede the functioning of an aid to navigation or touch an aid to navigation.
(4) When a ship damages an aid to navigation during navigation, the captain of the ship shall file a report on the place and details of damage, and measures taken with the Minister of Oceans and Fisheries or the heads of the institutions under the Minister's control, or the head of the coast guard office without delay, as prescribed by Presidential Decree.
 Article 35 (Protection of Aids to Navigation)
(1) No person shall conduct the following acts that impede the functioning of aids to navigation without good cause:
1. Going up or access an aid to navigation;
2. Catching, gathering or cultivating marine animals and plants at an aid to navigation;
3. Gathering soil, stone, gravel or sand at a place likely to affect the functioning of an aid to navigation;
4. Scribbling on an aid to navigation;
5. Throwing an object at an aid to navigation;
6. Dumping soil, stone, gravel, sand, garbage or other wastes at a aid to navigation;
7. Other acts prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are likely to impede the functioning of aids to navigation.
 Article 36 (Obligation to Restore to Original State)
(1) Any person who damages aids to navigation (excluding private aids to navigation but including private aids to navigation the Minister of Oceans and Fisheries installs and manages pursuant to Article 14 (3) and (4) and private aids to navigation the Minister of Oceans and Fisheries directly manages or expropriates pursuant to Article 29 (2): hereafter the same shall apply in this paragraph) or facilities attached to aids to navigation shall restore them to their original state at his/her own expense.
(2) When a person who is obliged to restore to the original state pursuant to paragraph (1) fails to perform such obligation without good cause, the Minister of Oceans and Fisheries shall have such person restore to the original state by fixing a specific deadline.
(3) Where a person who is subject to an order for restoration to the original state prescribed in paragraph (2) fails to comply with the order, the Minister of Oceans and Fisheries may conduct the vicarious execution in accordance with the Administrative Vicarious Execution Act.
(4) Matters such as the period, method, etc. of restoration to the original state prescribed in paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
CHAPTER IV DEVELOPMENT AND INSPECTION OF AIDS TO NAVIGATION EQUIPMENT AND SUPPLIES
 Article 37 (Development of Aids to Navigation Equipment and Supplies)
(1) In order to improve the functions of aids to navigation and promote the convenience of users, the Minister of Oceans and Fisheries may develop aids to navigation equipment and supplies by applying new technologies thereto.
(2) In order to standardize the functions and specifications of aids to navigation equipment and supplies, the Minister of Oceans and Fisheries may determine standards therefor.
(3) The Minister of Oceans and Fisheries may encourage the use of aids to navigation equipment and supplies which are deemed to be outstanding in quality.
(4) Matters necessary for the development, etc. of aids to navigation equipment and supplies prescribed in paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 38 (Inspection of Aids to Navigation Equipment and Supplies)
(1) The Minister of Oceans and Fisheries shall conduct before-use inspection, periodic inspection, or inspection for change with regard to aids to navigation equipment and supplies prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) No person shall use aids to navigation equipment and supplies that fail to pass inspections prescribed in paragraph (1).
(3) Matters such as aids to navigation equipment and supplies subject to inspections prescribed in paragraph (1), and the items of, standards and procedures for, validity, etc. of inspections shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 39 (Vicarious Inspections)
(1) The Minister of Oceans and Fisheries may have inspecting institutions designated by following the standards and procedures prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as "institution conducting vicarious inspections") vicariously conduct inspections for the performance of aids to navigation equipment and supplies prescribed in Article 38 (1) (hereinafter referred to as "inspection of equipment and supplies").
(2) Notwithstanding Articles 32 and 47 of the State Property Act, the State may, if necessary for institutions conducting vicarious inspections to conduct inspections of equipment and supplies vicariously, allow such institutions to use facilities for the testing, inspection, etc. of aids to navigation or lend such facilities to such institutions without compensation.
(3) Where an institution conducting vicarious inspections intends to suspend or close the business to conduct the inspection of equipment and supplies vicariously, it shall file a report thereon with the Minister of Oceans and Fisheries not later than 30 days from the date on which it intends to suspend or close the business to conduct the inspection of equipment and supplies vicariously, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) In order to confirm whether institutions conducting vicarious inspections are operated in compliance with the designation standards prescribed in paragraph (1), the Minister of Oceans and Fisheries may have them submit necessary materials, and have the relevant public officials enter the offices of the institutions conducting vicarious inspections or places at which equipment and supplies are inspected to investigate or inspect the actual status of management, etc.
(5) Every relevant public official who makes an entry pursuant to paragraph (4) shall carry a certificate showing his/her authority and present it to interested persons.
(6) Where the Minister of Oceans and Fisheries intends to enter offices, etc. to investigate the actual status, etc. of management or inspect account books and other documents pursuant to paragraph (4), he/she shall notify the institutions conducting vicarious inspections of the purpose, date, period, etc. of the entry in writing not later than seven days before the investigation or inspection: Provided, That the same shall not apply to cases where urgency is required or an advanced notice is deemed to make it impossible to attain the purpose of the investigation or inspection due to destruction of evidence, etc.
(7) Matters necessary for guiding and supervising institutions conducting vicarious inspections other than those provided for in paragraphs (4) through (6) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 40 (Cancelation of Designation of Institutions Conducting Vicarious Inspections)
Where an institution conducting vicarious inspections falls into any of the following cases, the Minister of Oceans and Fisheries may cancel the designation or order the suspension of the duty to conduct vicarious inspections for a period not longer than six months: Provided, That in cases falling under paragraph (1), he/she must cancel the designation:
1. Obtaining designation as an institution conducting vicarious inspections by fraud or other improper means;
2. Failing to comply with the designation standards for institutions conducting vicarious inspections prescribed in Article 39 (1);
3. Failing to submit materials, submitting false materials, or refusing, interfering with and evading the entry of relevant public officials, which are prescribed in Article 39 (4);
4. Refusing to conduct or avoiding conducting vicarious inspections of equipment and supplies without justifiable grounds;
5. Conducing vicarious inspections of equipment and supplies unfaithfully by intention or by gross negligence.
CHAPTER V ESTABLISHMENT AND OPERATION OF KOREA INSTITUTE OF AIDS TO NAVIGATION
 Article 41 (Establishment of Korea Institute of Aids to Navigation)
(1) For technology development for aids to navigation and efficient management of facilities related to aids to navigation, the Korea Institute of Aids to Navigation (hereinafter referred to as "K-AtoN") shall be established.
(2) K-AtoN shall be a juristic person.
(3) K-AtoN shall be established by completing the registration of establishment at the location of its principal office.
(4) K-AtoN shall conduct the following duties:
1. Survey, research and public relations on aids to navigation;
2. Support for international cooperation related to aids to navigation, such as cooperation with the International Association of Marine Aids to Navigation and Lighthouse Authorities;
3. Collection, analysis and provision of information related to aids to navigation from international organizations;
4. Research and development, and testing and inspection on aids to navigation equipment and supplies;
5. Support for the training and education, and management of professional human resources for the area of aids to navigation (hereinafter referred to as "professional human resources for aids to navigation");
6. Support for cooperative development with foreign nations regarding aids to navigation;
7. Manufacturing and repair of buoys installed and managed by the Minister of Oceans and Fisheries;
8. Duties provided for by this Act, which are entrusted by the Minister of Oceans and Fisheries;
9. Other duties prescribed by the articles of association of K-AtoN.
(5) The Minister of Oceans and Fisheries may provide subsidies to fully or partially cover the costs necessary to conduct the duties prescribed in paragraph (4) within budgetary limits.
(6) The articles of association of K-AtoN shall contain the following: <Amended by Act No. 16286, Jan. 15, 2019>
1. Purpose;
2. Name;
3. The location of its principal place of business;
4. Matters regarding its assets;
5. Matters regarding its executive officers and employees;
6. The operation of its board of directors;
7. The scope, details and execution of its business;
8. Accounting;
9. The methods for making public announcements;
10. The amendment of the articles of association;
11. Matters regarding its organization, including research institutes;
12. Other important matters regarding the operation of K-AtoN.
(7) Where any matter prescribed in the articles of association of K-AtoN is to be amended, it shall be authorized by the Minister of Oceans and Fisheries. <Newly Inserted by Act No. 16286, Jan. 15, 2019>
 Article 42 (Guidance for and Supervision of K-AtoN)
The Minister of Oceans and Fisheries may, if necessary, have K-AtoN report matters concerning its duties or submit materials and have the public officials under his/her control inspect the duties thereof.
 Article 43 (Using State Property without Compensation)
(1) Notwithstanding the State Property Act and the Commodity Management Act, the State may, if necessary for the operation of K-AtoN, allow the use or lend state property without compensation or lend commodities without compensation.
(2) Matters such as the details, conditions, procedures, etc. of permission for use or lending prescribed in paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 44 (Preservation and Management of Aids to Navigation)
(1) The Minister of Oceans and Fisheries shall preserve and manage aids to navigation, facilities attached to aids to navigation and other equipment which have a historical value.
(2) The Minister of Oceans and Fisheries may establish and operate lighthouse museums and maritime cultural space which are related to aids to navigation to publicize the historical and cultural transition of aids to navigation in terms of their roles, importance, etc. to the people.
(3) Matters necessary for the methods of preserving and managing aids to navigation, etc. and establishment and operation of lighthouse museums and maritime cultural space related to aids to navigation, which are prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 45 (Promotion of International Exchange and Cooperation)
(1) For the security of international reliability on and technology development for aids to navigation, the Minister of Oceans and Fisheries may take measures necessary for promoting international exchange and cooperation with the relevant international organizations, and the government, organizations, etc. of other nations by means of the exchange of information, joint survey and research, and provision of opportunities for education and training related to aids to navigation.
(2) Where the Minister of Oceans and Fisheries intends to newly install and manage aids to navigation or change the current status of aids to navigation, he/she shall comply with the internationally recognized specifications and standards.
 Article 46 (Training and Management of Professional Human Resources for Aids to Navigation)
(1) The Minister of Oceans and Fisheries may formulate and promote policies for the training and management of professional human resources for aids to navigation.
(2) Policies the Minister of Oceans and Fisheries formulates pursuant to paragraph (1) shall include the following matters:
1. Matters concerning the training, and education and training of professional human resources for aids to navigation;
2. Matters concerning the development, dissemination, etc. of educational programs for professional human resources for aids to navigation;
3. Matters concerning the career management of professional human resources for aids to navigation;
4. Other matters necessary for the training and management of professional human resources for aids to navigation.
(3) The Minister of Oceans and Fisheries may, if necessary for the training and management of professional human resources for aids to navigation, designate schools prescribed in Article 2 of the Higher Education Act, research institutes, institutions, organizations, etc. established for research, activities, etc. related to aids to navigation in compliance with the designation standards prescribed by Presidential Decree as institutions training professional human resources for aids to navigation and have such institutions implement necessary education and training.
(4) The Minister of Oceans and Fisheries may provide subsidies to fully or partially cover the costs necessary for education and training prescribed in paragraph (3) within budgetary limits.
(5) Where an institution training professional human resources for aids to navigation designated pursuant to paragraph (3) falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation: Provided, That where falling under subparagraph 1, he/she must cancel the designation:
1. Obtaining designation as an institution training professional human resources for aids to navigation by false or other unjust methods;
2. Failing to meet the designation standards prescribed in paragraph (3);
3. Refusing to conduct or avoid conducting the duty to implement education and training for professional human resources for aids to navigation without justifiable grounds;
4. Conducting the duty to implement education and training for professional human resources for aids to navigation unfaithfully by intention or by gross negligence.
(6) Matters necessary for the formulation of policies for the training and management of professional human resources for aids to navigation, and necessary for the designation, cancelation of designation, etc. of institutions training professional human resources for aids to navigation, which are prescribed in paragraphs (1) through (5) shall be prescribed by Presidential Decree.
 Article 47 (Compensation)
(1) The Minister of Oceans and Fisheries shall compensate for losses caused pursuant to Article 29 or 33 (3).
(2) Compensation prescribed in paragraph (1) shall be made by the following standards:
1. In cases falling under Article 29 (1): Costs ordinarily used to relocate and remove the relevant private aids to navigation and take other necessary measures therefor: Provided, That in the case of removing a private aid to navigation, the amount including the amount equivalent to the residual value of the relevant private aid to navigation;
2. In the case of expropriating a private aid to navigation pursuant to Article 29 (2): the amount after deducting the amount equivalent to the depreciated portion of the relevant aid to navigation from the cost ordinarily used for the installation of the relevant aid to navigation;
3. In cases falling under Article 33 (3): Costs ordinarily used to remove, or relocate and install structures, etc. which impede or are likely to impede aids to navigation or take other necessary measures therefor and the amount equivalent to the loss of the relevant structures, etc. calculated based on the market prices.
(3) Any person who intends to be compensated pursuant to paragraph (1) shall submit a request stating the amount to be compensated, etc. to the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
(4) Where the Minister of Oceans and Fisheries receives a request prescribed in paragraph (3), he/she shall determine the amount to be compensated without delay. In such cases, the Minister of Oceans and Fisheries shall listen to the statements of the applicant by notifying the applicant of the date and place in advance, as prescribed by Presidential Decree.
(5) Any person who objects to a determination prescribed in paragraph (4) may request adjudication to the competent land expropriation committee, as prescribed by Presidential Decree.
(6) Except as otherwise provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to compensation prescribed in paragraphs (1) through (4).
 Article 48 (Payment of Light Dues)
(1) Every ship which enters international trade ports prescribed in subparagraph 2 of Article 2 of the Harbor Act shall pay light dues: Provided, That all or part of the light dues may be exempt for ships prescribed by Presidential Decree, such as ships owned by the State or local governments or ships stopping at ports to avoid disasters at the sea.
(2) Matters regarding amounts to be imposed, methods and procedures for collecting, etc. light dues shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 49 (Fees)
(1) Any person who intends to request an inspection of equipment and supplies pursuant to Article 38 shall pay fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where an institution conducting vicarious inspections conducts the inspection of equipment and supplies vicariously pursuant to Article 39, he/she shall pay a fee the institution conducting vicarious inspections determines by obtaining approval from the Minister of Oceans and Fisheries to the institution conducting vicarious inspections.
(2) Where the Minister of Oceans and Fisheries approves fees pursuant to the proviso to paragraph (1), he/she shall publish such fact in the Official Gazette, and the institutions conducting vicarious inspections shall make public the details of the fees approved and detailed statements on the calculation of actual costs on the website of the institutions conducting vicarious inspections.
 Article 50 (Hearings)
Where the Minister of Oceans and Fisheries intends to take any of the following dispositions, he/she shall hold hearings:
1. Cancelation of registration or suspension of outsourced management business prescribed in Article 26;
2. Cancelation of designation or suspension of business of institutions conducting vicarious inspections prescribed in Article 40;
3. Cancelation of designation of institutions training professional human resources for aids to navigation prescribed in Article 46 (5).
 Article 51 (Delegation and Entrustment of Authority)
(1) Part of the authority of the Minister of Oceans and Fisheries prescribed by this Act may be delegated to the heads of the institutions under his/her control, as prescribed by Presidential Decree.
(2) Part of the duties of the Minister of Oceans and Fisheries prescribed by this Act may be entrusted to K-AtoN, as prescribed by Presidential Decree.
 Article 52 (Legal Fiction of Public Officials in Application of Penalty Provisions)
The executive officers and employee of institutions conducting vicarious inspections and persons engaging in outsourced administrative affairs prescribed in Article 51 (2) shall be considered as public officials in the application of Articles 129 through 132 of the Criminal Act.
CHAPTER VII PENALTY PROVISIONS
 Article 53 (Penalty Provisions)
The following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
1. A person who installs aids to navigation without obtaining permission in violation of Article 9 (6);
2. A person who fails to install aids to navigation when conducting construction works or installing artificial structures or who installs aids to navigation without obtaining permission in violation of Article 13 (1);
3. A person who fails to perform the duty to install a wreck mark in violation of Article 14 (1);
4. A person who conducts outsourced management business without filing the registration thereof in violation of the former part of Article 23 (1);
5. A person who fails to file a report on damage caused to aids to navigation in violation of Article 34 (4).
 Article 54 (Penalty Provisions)
The following persons shall be subject to a fine not exceeding five million won:
1. A person who fails to follow an order for taking measures in violation of the former part of Article 14 (2);
2. A person who fails to be equipped with a staff member managing private aids to navigation, equipment or facilities, which are necessary for managing aids to navigation in violation of the main sentence of Article 18 (1);
3. A person who fails to comply with an order prescribed in Article 18 (4);
4. A person who changes the current status of private aids to navigation without obtaining permission in violation of Article 19 (1);
5. A person who abolishes aids to navigation without filing a report in violation of Article 19 (2);
6. A person who changes matters registered without filing registration for change or makes a false registration for change in violation of the latter part of Article 23 (1);
7. A person who accepts and conducts newly outsourced management of private aids to navigation during the period of business suspension in violation of an order for suspension of business prescribed in Article 26 (1);
8. A person who fails to perform an order prescribed in Article 29 (1).
 Article 55 (Administrative Fines)
(1) The following persons shall be subject to an administrative fine not exceeding three million won:
1. A person who fails to file a report on the installation of a wreck mark in violation of Article 14 (1);
2. A person who fails to file a report in violation of Article 18 (1) or (2);
3. A person who fails to obtain confirmation of completion of construction in violation of Article 20;
4. A person who fails to comply with requests of the Minister of Oceans and Fisheries to take corrective measures without special grounds, or fails to inform the Minister of Oceans and Fisheries of the details of measures taken within 15 days from the date on which he/she is requested to take corrective measures in violation of Article 22 (2);
5. A person who fails to file a report on succession to rights and obligations in violation of Article 24 (3);
6. A person who fails to inform the owners of private aids to navigation of the fact of cancelation of registration or suspension of business in violation of Article 26 (2);
7. A person who refuses an order to submit materials or file reports, or interferes with or refuses entry, investigations or inspections, which are prescribed in Article 28 (1);
8. A person who fails to perform an order prescribed in Articles 31 (2), 32 (2) and 33 (2) or (3);
9. A person who moors, anchors or stops a ship in violation of Article 34 (2) or (3);
10. A person who conducts acts which fall under any of the subparagraphs of Article 35;
11. A person who refuses, interferes with or evades before-use inspections, periodic inspections or inspections for change which are prescribed in Article 38 (1);
12. A person who uses aid to navigation equipment and supplies which fail the inspection of equipment and supplies in violation of Article 38 (2);
13. A person who fails to file a report on the suspension of business or closure of business in violation of Article 39 (3).
(2) The Minister of Oceans and Fisheries shall impose and collect administrative fines prescribed in paragraph (1), as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 (Applicability to Management of Staff Members Managing Private Aids to Navigation)
The amended provisons of Article 22 (2) shall apply, starting with the cases where the Minister of Oceans and Fisheries requests the owners or outsourced management business entities of private aids to navigation to take corrective measures after this Act enters into force.
Article 3 (General Transitional Measures)
Dispositions or other acts which have been imposed or conducted, or various requests or other acts which have been filed or conducted for administrative agencies pursuant to the provisions of the previous Aids to Navigation Act as at the time this Act enters into force shall be considered as acts of administrative agencies or acts for administrative agencies prescribed by this Act in correspondence thereto.
Article 4 (Transitional Measures concerning Master Plans for Development of Aids to Navigation)
Master plans for the development of aids to navigation or implementation plans for the development of aids to navigation which have been formulated pursuant to previous Article 3 as at the time this Act enters into force shall be considered as master plans for aids to navigation formulated pursuant to the amended provisions of Article 6 or implementation plans for aids to navigation formulated pursuant to the amended provisions of a.
Article 5 (Transitional Measures concerning Aids to Navigation)
(1) The differential global navigation satellite system considered to be installed by the Minister of Oceans and Fisheries pursuant to Article 4 of the Addenda to the Aids to Navigation Act (Act No. 8627) as at the time this Act enters into force shall be considered to be installed and operated pursuant to the amended provisions of Article 10.
(2) Special marks considered to be installed by the Minister of Oceans and Fisheries pursuant to Article 5 of the Addenda to the Aids to Navigation Act (Act No. 8627) as at the time this Act enters into force shall be considered to be installed and operated pursuant to the amended provisions of Article 11.
Article 6 (Transitional Measures concerning Reporting of Owners of Private Aids to Navigation)
Any person who was equipped with a staff member managing aids to navigation and facilities necessary to manage private aids to navigation pursuant to previous Article 13 (1) before this Act enters into force, and submitted documents to prove such fact, shall be deemed to file a report thereon pursuant to the amended provisions of the main sentence of Article 18 (1).
Article 7 (Transitional Measures concerning Incompetents)
Persons under adult guardianship and persons under limited guardianship which are prescribed in the amended provisions of subparagraph 2 of Article 21 and Article 23 (2) 2 shall be considered to include persons for whom the effect of the sentence of incompetency or quasi-incompetency is maintained pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
Article 8 (Transitional Measures concerning Cancelation of Registration of Outsourced Management Business)
(1) Notwithstanding the amended provisions of Article 26, administrative dispositions against offenses committed before this Act enters into force shall be governed by previous Article 18.
(2) Notwithstanding the amended provisions of Article 26 (2), outsourced management business entities who were subject to a disposition of cancelation of registration or suspension of business before this Act enters into force shall be governed by previous Article 18 (2).
Article 9 (Transitional Measures concerning Institutions Conducting Vicarious Inspections)
(1) Institutions conducting vicarious inspections which have been designated pursuant to previous Article 32 before this Act enters into force shall be considered to be designated as institutions conducting vicarious inspections pursuant to the amended provisions of Article 39 until the validity of the designation expires.
(2) Fees which have been approved by the Minister of Oceans and Fisheries pursuant to previous Article 33 before this Act enters into force shall be considered to be approved pursuant to the amended provisions of the proviso to Article 49 (1).
Article 10 (Transitional Measures concerning Korea Association of Aids to Navigation)
(1) The Korea Association of Aids to Navigation which has been established pursuant to previous Article 39 as at the time this Act enters into force (hereinafter referred to as "KAAN") shall complete the registration of establishment of K-AtoN pursuant to the amended provision of Article 41 (3) by preparing the articles of association and obtaining approval form the Minister of Oceans and Fisheries therefor within three months after this Act enters into force. In such cases, notwithstanding the provisions pertaining to the dissolution and liquidation of corporations of the Civil Act, KAAN shall be considered to be dissolved as at the time when K-AtoN completes the registration of establishment.
(2) All the duties, rights, obligations and property of KAAN shall be succeeded by K-AtoN universally when the registration of establishment prescribed in paragraph (1) is completed. In such cases, the value of the property to be succeeded shall be the book value of the date preceding the date on which it is succeeded.
(3) The name of KAAN which has been mentioned in registers or other official books as at the time the registration of establishment prescribed in paragraph (1) is completed shall be considered to be the name of K-AtoN.
(4) Acts conducted by KAAN or acts conducted for KAAN shall be considered as acts conducted by K-AtoN or acts conducted for K-AtoN, respectively when the registration of establishment prescribed in paragraph (1) is completed.
(5) The executive officers and employees of KAAN as at the time when the registration of establishment of K-AtoN prescribed in paragraph (1) is filed shall be considered as the executive officers and employees of K-AtoN. In such cases, the term of office of the executive officers and employees shall be the remaining period of the term of office prescribed in the articles of association of previous KAAN.
Article 11 (Transitional Measures concerning Objections to Determination on Compensation)
Cases in which an administrative trial has been requested to protest to a determination on compensation as at the time the Aids to Navigation Act (Act No. 8627) enters into force shall be governed by Article 6 of the Addenda to the Aids to Navigation Act (Act No. 8627).
Article 12 (Transitional Measures concerning Administrative Dispositions)
Administrative dispositions against offenses which have been committed in violation of the Aids to Navigation Act before this Act enters into force shall be governed by the previous provisions.
Article 13 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and administrative fines for acts which have been committed before this Act enters into force shall be governed by the previous provisions.
Article 14 Omitted.
Article 15 (Relationship to Other Statutes or Regulations)
Where other statutes or regulations have cited the provisions of the previous Aids to Navigation Act as at the time this Act enters into force, they shall be considered to have cited the corresponding provisions of this Act in lieu of the previous provisions if there are provisions corresponding thereto in this Act.
ADDENDA <Act No. 16286, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Consultation on Legal Fiction of Permission)
(1) The amended provisons of Article 15 (4) and (5) shall begin to apply to consultation requested by the Minister of Oceans and Fisheries on legal fiction of permission, etc. after this Act enters into force.
(2) The amended provisons of Articles 18 (5) and (6), 19 (3) and (4), and 24 (5) and (6) shall begin to apply to reports on transferring a private aid to navigation to another person or abolishing a private aid to navigation and reports on the succession to the rights and obligations of an outsourced management business entity after this Act enters into force.