SHIP ACT
Wholly Amended by Act No. 3641, Dec. 31, 1982
Amended by Act No. 5454, Dec. 13, 1997
Act No. 5809, Feb. 5, 1999
Act No. 5972, Apr. 15, 1999
Act No. 8221, Jan. 3, 2007
Act No. 8621, Aug. 3, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9007, Mar. 28, 2009
Act No. 9870, Dec. 29, 2009
Act No. 10219, Mar. 31, 2010
Act No. 10799, jun. 15, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12537, Mar. 24, 2014
Act No. 13266, Mar. 27, 2015
Act No. 14476, Dec. 27, 2016
Act No. 16151, Dec. 31, 2018
Act No. 16160, Dec. 31, 2018
The purpose of this Act is to prescribe matters concerning the nationality, tonnage measurement and registration of a ship, in order to operate maritime systems properly and maintain maritime order, thereby contributing to protecting national interests and improving the national economy.
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 1-2 (Definitions) |
| (1) | The term "ship" in this Act means the sort of ships that are used or can be used for navigation on or under the water, and their classification shall be as follows: |
| 1. | Steam ship: A ship propelled by an engine (including any ship that has an engine attached to outside the hull which may be separated therefrom, and any ship using both engines and sails which mainly uses an engine, and a wing-in-ground craft (a ship that exploits "wing-in-ground" effect to fly just above the water surface); |
| 2. | Sail ship: A ship propelled by sails (including any ship that uses both an engine and sails, with the latter used mainly); |
| 3. | Barge: A non-self-propelled ship that needs to be towed or pushed by another ship. |
| (2) | The term "small ship" in this Act means any ship falling under any of the following subparagraphs: |
| 1. | Steam ships and sail ships of less than 20 gross tonnage; |
| 2. | Barges of less than 100 gross tonnage. |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
A ship falling under any of the following subparagraphs shall be a ship of the Republic of Korea (hereinafter referred to as "Korean ship"):
| 1. | A national or public ship; |
| 2. | A ship owned by a citizen of the Republic of Korea; |
| 3. | A ship owned by a commercial corporation established under the laws of the Republic of Korea; |
| 4. | A ship owned by a corporation, other than that under subparagraph 3, whose main office is located in the Republic of Korea and whose representative (in the case of joint representatives: all of such representatives) is a citizen of the Republic of Korea. |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 3 (Tonnage of Ship) |
| (1) | The classification of tonnage of a ship used in this Act shall be as follows: |
| 1. | International gross tonnage: It means an index used to indicate the capacity of a ship mainly engaged in international voyages in accordance with the International Convention on Tonnage Measurement of Ships, 1969 (hereinafter referred to as the "Convention") and the annexes thereto; |
| 2. | Gross tonnage: It means an index used to indicate the capacity of a ship in applying statutes concerning maritime affairs of the Republic of Korea; |
| 3. | Net tonnage: It means an index used to indicate the capacity of the space available within a ship for the transportation of passengers or cargo in accordance with the Convention and the annexes thereto; |
| 4. | Deadweight tonnes: It means an index used to indicate how much weight of passengers, cargo, etc. a ship can carry safely. |
| (2) | The standards for the tonnage measurement of a ship under any subparagraph of paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 4 (Relationship to Other Acts) |
With regard to the standards for the tonnage measurement of a ship, the provisions of this Act shall apply, except as otherwise prescribed by other Acts.
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 5 (Hoisting of National Flag) |
| (1) | Non-Korean ships shall not hoist the national flag of the Republic of Korea. <Amended by Act No. 12537, Mar. 24, 2014> |
| (2) | Notwithstanding paragraph (1), non-Korean ships entering, exiting, or staying in ports of the Republic of Korea may hoist the national flag of the Republic of Korea on the ship’s mast or other places easily visible from the outside. <Newly Inserted by Act No. 12537, Mar. 24, 2014> |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 6 (Prohibition of Call at Closed Ports and Transportation between Domestic Ports) |
Non-Korean ships shall not be permitted to call at closed ports of the Republic of Korea or to transport passengers or cargo between domestic ports: Provided, That this shall not apply in any case as otherwise prescribed by another Act or treaty, in cases of avoiding a maritime accident or seizure, or in cases permitted by the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 7 (Application for Tonnage Measurement of Ships) |
| (1) | Each owner of a Korean ship shall designate its port of registry in the Republic of Korea and apply for its gross tonnage measurement to the administrator of a regional office of oceans and fisheries (including the head of a district office of oceans and fisheries under a regional office of oceans and fisheries; hereinafter referred to as "administrator of a regional office of oceans and fisheries") having jurisdiction over its port of registry or location. <Amended by Act No. 16151, Dec. 31, 2018> |
| (2) | The administrator of a regional office of oceans and fisheries having jurisdiction over a ship's port of registry may require the administrator of any other regional office of oceans and fisheries having jurisdiction over the ship's location to measure its gross tonnage. <Amended by Act No. 16151, Dec. 31, 2018> |
| (3) | Where a ship acquired in a foreign country cruises between ports of foreign countries, its owner may apply for its tonnage measurement to a relevant consul of the Republic of Korea. |
| (4) | Matters necessary for filing an application for a ship's tonnage measurement shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 8 (Registry and Registration) |
| (1) | Each owner of a Korean ship shall apply for the registration of the ship to the administrator of a regional office of oceans and fisheries having jurisdiction over the port of registry within 60 days from the date of acquiring the ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, with regard to any ship prescribed in Article 2 of the Ship Registry Act, registry of the ship shall be made before registration thereof is filed. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16151, Dec. 31, 2018> |
| (2) | If the administrator of a regional office of oceans and fisheries receives an application for the registration of a ship prescribed in paragraph (1), he or she shall make registration thereof in the original ship register and issue a certificate of vessel's nationality to the applicant. <Amended by Act No. 16151, Dec. 31, 2018> |
| (3) | Matters necessary for the issuance of a certificate of vessel's nationality shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The registration of a ship shall be separately prescribed by an Act. |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 8-2 (Effect of Changes in Ownership of Small Ships) |
The acquisition and loss of the ownership of a small ship shall become effective by making registration thereof.
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 8-3 (Registration of Seizure) |
Where a court commissions a registration agency for small ships with registration of seizure under the Civil Execution Act or where an administrative agency commissions it with registration of seizure under the National Tax Collection Act or the Local Tax Collection Act, the registration agency for small ships shall record such registration of seizure of the relevant small ship in the original register as prescribed by Presidential Decree, and notify the owner of the ship thereof. <Amended by Act No. 10219, Mar. 31, 2010; Act No. 14476, Dec. 27, 2016> [This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 9 (Application for Issuance of Certificate of Vessel's Nationality (Provisional)) |
| (1) | Where a person who has acquired a ship in the Republic of Korea does not determine its port of registry within the jurisdiction of the administrator of a regional office of oceans and fisheries having jurisdiction over the place of such acquisition, he or she may apply for the issuance of a certificate of vessel's nationality (provisional) to the aforementioned head. <Amended by Act No. 16151, Dec. 31, 2018> |
| (2) | A person who has acquired a ship in a foreign country may apply for the issuance of a certificate of vessel's nationality (provisional) to the administrator of a regional office of oceans and fisheries or the consul of the Republic of Korea having jurisdiction over the place of such acquisition. <Amended by Act No. 12537, Mar. 24, 2014; Act No. 16151, Dec. 31, 2018> |
| (3) | Notwithstanding paragraph (2), when it is impracticable for a person who has acquired a ship in a foreign country to apply for the issuance of a certificate of vessel's nationality (provisional) to the administrator of a regional office of oceans and fisheries or the consul of the Republic of Korea having jurisdiction over the place of ship acquisition, such application may be made to the consul of the Republic of Korea having jurisdiction over the place of first call after departure from the place of ship acquisition. <Amended by Act No. 12537, Mar. 24, 2014; Act No. 16151, Dec. 31, 2018> |
| (4) | Matters necessary for the issuance of a certificate of vessel's nationality (provisional) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 10 (Hoisting of National Flag and Sailing) |
No Korean ship shall be permitted to hoist the national flag of the Republic of Korea or to sail without keeping a certificate of vessel’s nationality or a certificate of vessel’s nationality (provisional) in the ship: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as test-driving a ship. <Amended by Act No. 12537, Mar. 24, 2014>
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 11 (Hoisting of National Flag and Indication) |
Each Korean ship shall, in accordance with Ordinance of the Ministry of Oceans and Fisheries, hoist the national flag of the Republic of Korea, and indicate the name, port of registry, draft gauge of the ship, and other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 12 Deleted. <by Act No. 5972, Apr. 15, 1999> |
| Article 13 (International Tonnage Certificate, etc.) |
| (1) | No owner of a Korean ship of at least 24 meters in length (the ship's manager where it has joint ownership, or the ship's lessee where it is rent to him/her; hereafter the same shall apply in this Article) shall allow the ship to engage in international voyages without keeping therein an international tonnage certificate thereof (referring to a certificate in which international gross tonnage and net tonnage are recorded; hereinafter the same shall apply) that has been issued by the Minister of Oceans and Fisheries. <Amended by Act No. 9870, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013> |
| (2) | If the Minister of Oceans and Fisheries receives an application for the issuance of an international tonnage certificate prescribed in paragraph (1), he/she shall issue such certificate to the applicant after he/she measures the international gross tonnage and net tonnage of the relevant ship. <Amended by Act No. 9870, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013> |
| (3) | Deleted. <by Act No. 5972, Apr. 15, 1999> |
| (4) | Where a Korean ship falls under any of the following subparagraphs, its owner shall report to the administrator of a regional office of oceans and fisheries having jurisdiction over its port of registry within 30 days from the date on which he/she has learned such fact: <Amended by Act No. 9870, Dec. 29, 2009; Act No. 16151, Dec. 31, 2018> |
| 1. | Where it falls under any subparagraph of Article 22 (1); |
| 2. | Where it is no longer engaged in international voyages; |
| 3. | Where it becomes less than 24 meters in length. |
| (5) | Where the owner of a Korean ship of less than 24 meters in length intends to have the ship engaged in international voyages, he/she may receive a tonnage certificate (referring to a document in which international gross tonnage and net tonnage are stated; hereinafter the same shall apply) issued by the Minister of Oceans and Fisheries. <Amended by Act No. 9870, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013> |
| (6) | Paragraphs (2) and (4) shall apply mutatis mutandis with regard to a tonnage certificate. In such cases, "international tonnage certificate" and "less than 24 meters in length" shall be deemed "tonnage certificate" and "at least 24 meters in length", respectively. <Amended by Act No. 9870, Dec. 29, 2009> |
| (7) | Matters necessary for the issuance of an international tonnage certificate and a tonnage certificate shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 9870, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013> |
| Articles 14 through 17 Deleted. <by Act No. 5972, Apr. 15, 1999> |
| Article 18 (Modification of Registered Matters) |
If matters registered in the original ship register are modified, the owner thereof shall apply for the registration of modifications within 30 days from the date on which he/she has learned such fact.
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Articles 19 through 21 Deleted. <by Act No. 5972, Apr. 15, 1999> |
| Article 22 (De-Registration) |
| (1) | When a Korean ship falls under any of the following subparagraphs, its owner shall apply for the de-registration thereof to the administrator of a regional office of oceans and fisheries having jurisdiction over its port of registry within 30 days from the date on which he or she has learned such fact: <Amended by Act No. 16151, Dec. 31, 2018> |
| 1. | When it is destroyed or lost, sunk or dismantled; |
| 2. | When it loses the nationality of the Republic of Korea; |
| 3. | When it becomes a ship prescribed in any subparagraph of Article 26; |
| 4. | When its existence is not clearly known for 90 days. |
| (2) | In cases falling under paragraph (1), where the owner of a ship fails to apply for the de-registration thereof, the administrator of a regional office of oceans and fisheries having jurisdiction over its port of registry shall give notice to him/her, requesting application for the de-registration of the ship during a prescribed period of less than 30 days, and shall ex officio de-register the relevant ship when the application for de-registration is not filed within such period. <Amended by Act No. 16151, Dec. 31, 2018> |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Articles 23 through 25 Deleted. <by Act No. 5972, Apr. 15, 1999> |
| Article 26 (Ships Partially Excluded from Application) |
Articles 7, 8, 8-2, 8-3, 9 through 11, 13, 18, and 22 shall not apply to any of the following ships: Provided, That Articles 8, 18, and 22 shall not apply to ships falling under subparagraph 6: <Amended by Act No. 10799, Jun. 15, 2011; Act No. 12537, Mar. 24, 2014> | 1. | Warships and police ships; |
| 2. | Sail ships with no engine installed among those weighing less than 5 gross tons; |
| 3. | Barges weighing less than 20 gross tons; |
| 4. | Barges weighing at least 20 gross tons which are fixed underwater for the purpose of mooring ships or storing ship supplies, etc.: Provided, That floating structure-type barges, such as floating hotels, floating restaurants, and floating theaters which obtained permission for occupation and use or permission for use under Article 8 of the Public Waters Management and Reclamation Act or which obtained permission for occupation and use under Article 33 of the River Act shall be excluded herefrom; |
| 5. | Ships navigated by only oars and row poles; |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 26-2 Deleted. <by Act No. 8621, Aug. 3, 2007> |
| Article 27 Deleted. <by Act No. 5972, Apr. 15, 1999> |
| Article 28 (Handling of Duties in Foreign Countries) |
In cases of handling the duties of the Minister of Oceans and Fisheries or the administrator of a regional office of oceans and fisheries in any foreign country, such duties shall be performed by a consul of the Republic of Korea. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16151, Dec. 31, 2018>
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 29 (Application Mutatis Mutandis of the Commercial Act) |
The provisions concerning maritime commerce of Part V of the Commercial Act shall apply mutatis mutandis to the ships that are used for sailing, even if they are not used for the purpose of commercial transactions: Provided, That this shall not apply to national or public ships. [This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 29-2 (Agency Performance of Ship's Tonnage Measurement, etc.) |
| (1) | The Minister of Oceans and Fisheries or the administrator of a regional office of oceans and fisheries may require the Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act (hereinafter referred to as the "Authority") or the classification society prescribed in Article 60 (2) of the Ship Safety Act (hereinafter referred to as the "classification society") to vicariously perform the following duties on his/her behalf: <Amended by Act No. 11690, Mar. 23, 2013; Act Nos. 16151 & 16160, Dec. 31, 2018> |
| 1. | Measurement of a ship's tonnage prescribed in Article 7 of this Act; |
| 2. | Measurement of international gross tonnage and net tonnage, and the issuance of an international tonnage certificate or tonnage certificate prescribed in Article 13 of this Act. |
| (2) | The classification of ships with respect to which the Minister of Oceans and Fisheries requires the Authority or the classification society (hereinafter referred to as "agency") to perform the duties on his/her behalf under paragraph (1) shall be as follows: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | In cases of the Authority: Any ship other than the ships for which the classification society performs the duties; |
| 2. | In cases of the classification society: Any ship whose owner has registered or intends to register its classification with the classification society. |
| (3) | The agency shall report its agency duties prescribed in paragraph (1) to the Minister of Oceans and Fisheries in accordance with Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Oceans and Fisheries shall verify how the agency duties reported by the agency prescribed in paragraph (3) have been performed, and shall take necessary measures if any violation of this Act or any order issued under this Act is found. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Matters necessary for the agency duties prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| (1) | A person who intends to obtain permission or authorization, to make registration, or receive tonnage measurement, or to receive any certificate issued under this Act shall pay fees as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That if an agency vicariously performs the duties under Article 29-2, the person shall pay fees determined by the agency to the relevant agency. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the agency intends to determine fees under the proviso to paragraph (1), it shall determine fee rates, etc. according to the procedure prescribed by Ordinance of the Ministry of Oceans and Fisheries, and obtain approval from the Minister of Oceans and Fisheries in advance. The same shall apply to any intended modification of the approved matters. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12537, Mar. 24, 2014> |
| (3) | Where the agency collects fees under the proviso to paragraph (1), such fees shall be regarded as its revenue. |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 31 (Delegation of Authority) |
The Minister of Oceans and Fisheries may delegate part of his/her authority prescribed in this Act to the administrator of a regional office of oceans and fisheries, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16151, Dec. 31, 2018>
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 31-2 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 32 (Penalty Provisions) |
| (1) | The captain of any foreign ship which has, for the purpose of falsely claiming to be a Korean ship, hoisted the national flag of the Republic of Korea or sailed with a Korean ship's certificate of vessel’s nationality or a certificate of vessel’s nationality (provisional), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: Provided, That this shall not apply where the relevant ship has hoisted the national flag of the Republic of Korea in order to escape seizure. <Amended by Act No. 13266, Mar. 27, 2015> |
| (2) | The provisions of paragraph (1) shall also apply where any flag, other than the national flag of the Republic of Korea, is hoisted on a Korean ship for the purpose of falsely claiming to be a ship of another country. |
| (3) | Where the gravity of violations falling under paragraphs (1) and (2) is severe, the relevant ship may be confiscated. |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 33 (Penalty Provisions) |
The captain of any ship violating Article 6 or 10 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: Provided, That this shall not apply to small ships. <Amended by Act No. 13266, Mar. 27, 2015> [This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 34 (Penalty Provisions) |
| (1) | Any person who has deceived any public official into making false registration in the original ship register shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 13266, Mar. 27, 2015> |
| (2) | Any person who attempts to commit a crime under paragraph (1) shall be punished. |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Article 35 (Administrative Fines) |
| (1) | Any captain who fails to hoist the national flag of the Republic of Korea, in violation of Article 11, shall be subject to an administrative fine not exceeding two million won: Provided, That this shall not apply to captains of small ships. |
| (2) | Any of the following ship owners shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 16151, Dec. 31, 2018> |
| 1. | Where he/she fails to apply for the registration, in violation of Article 8 (1): Provided, That the same shall not apply where he/she was issued with a certificate of vessel’s nationality (provisional) pursuant to Article 9; |
| 2. | Where he/she fails to keep a certificate of vessel’s nationality or a certificate of vessel’s nationality (provisional) prescribed in Article 10 (only applicable to small ships); |
| 3. | Where he/she fails to indicate the matters provided for in Article 11 on the ship; |
| 4. | Where he/she has his/her ship engaged in international voyages without keeping an international tonnage certificate, in violation of Article 13 (1); |
| 5. | Where he/she fails to report the destruction, loss, etc. of his or her ship, in violation of Article 13 (4) (including cases where Article 13 (4) apply mutatis mutandis under paragraph 13 (6)); |
| 6. | Where he/she fails to apply for registration of modification, in violation of Article 18; |
| 7. | Where he/she fails to file an application for de-registration for his/her ship within the designated period after receiving a notification of such application prescribed in Article 22 (2). |
| (3) | An administrative fine prescribed in paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries or the administrator of a regional office of oceans and fisheries, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16151, Dec. 31, 2018> |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
| Articles 36 and 37 Deleted. <by Act No. 5972, Apr. 15, 1999> |
| Article 38 (Applicable Provisions) |
| (1) | Articles 32, 33 and 35 (1) shall apply to those who vicariously perform the duties of a captain on his/her behalf. <Amended by Act No. 9870, Dec. 29, 2009> |
| (2) | Deleted. <by Act No. 5972, Apr. 15, 1999> |
| (3) | Article 35 (2) shall apply to the manager of a ship, or the representative or the liquidator of a commercial company or any other corporation. <Amended by Act No. 9870, Dec. 29, 2009> |
| Article 39 (Exclusion from Application of Provisions on Complicity in the Criminal Act) |
[This Article Wholly Amended by Act No. 9870, Dec. 29, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Repeal of Act)
The Act on Tonnage Measurement of Ship shall be hereby repealed.
Article 3 (Transitional Measures concerning Tonnage of Ships of Existing Ships)
| (1) | Notwithstanding the amended provisions of Article 3 (2), standards for measurement of gross tonnage for Korean ships which were built or the construction of which has commenced before this Act enters into force (hereinafter referred to as "existing ships") shall be governed by the previous examples, however, in cases where the owner of the relevant ship files an application otherwise, the amended provisions of Article 3 (2) may apply: Provided, That with regard to an existing ship which made a repair as prescribed by Ordinance of the Ministry of Maritime Affairs and Fisheries (hereinafter referred to as "specific repair") after this Act enters into force, the amended provisions of Article 3 (2) shall apply from the date (hereinafter referred to as the "first re-measurement date") when such ship first underwent re-measurement or measurement (including dispositions equivalent thereto) following such specific repair. <Amended by Act No. 8621, Aug. 3, 2007> |
| (2) | Notwithstanding the amended provisions of Article 3 (2), the standards for measurement of net tonnage shall be governed by the previous provisions: Provided, That with regard to the existing ship under the following, the same shall not apply after the date as prescribed in the following respectively: |
| 1. | The first re-measurement date in the case of an existing ship (excluding one which became an existing ship under subparagraph 2 or 3 before the specific repair concerned was made) which made the specific repair after enforcement of this Act; |
| 2. | The date when measurement under Article 13 (2) was made in the case of an existing ship to which the international tonnage certificate was issued; |
| 3. | The date when measurement pursuant to Article 13 (6) to which paragraph (2) of the same Article applies mutatis mutandis was made in the case of an existing ship to which the international tonnage certificate was issued. |
| (3) | With regard to an existing ship of not less than 24 meters in length engaged in international voyages, the amended provisions of Article 13 (1) shall not apply during the period (hereinafter referred to as the "grace period") which commences on the effective date of the treaty and ends on the date (the first re-measurement date in the case of a ship which made the specific repair prior thereto) 12 years thereafter. |
| (4) | Notwithstanding the provisions of paragraph (3), the international tonnage certificate may be issued to the owner of a ship under the same paragraph even during the grace period. |
Article 4 (Transitional Measures concerning Previous Disposition)
Dispositions or other activities taken before the enforcement of this Act in accordance with previous provisions other than those under Article 3 of the Addenda shall be deemed to have been taken in accordance with this Act.
Article 5 (Transitional Measures concerning Penalty Provisions)
Application of penalty provisions to the activities committed before the enforcement of this Act shall be governed by the previous provisions.
Article 6 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5809, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5972, Apr. 15, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 1-2 (limited to an application for the registration of a ship subject to new registration and the issuance of the certificate of vessel's nationality under the amended provisions of the same Article), the amended provisions of subparagraph 3 of Article 2 and Article 26-2 (limited to an application for the issuance of a registration certificate of a ship subject to the issuance thereof and the subsequent issuance of the registration certificate under the amended provisions of the same Article) and the amended provisions of Article 4 of the Addenda shall enter into force on the date of the promulgation of this Act. Article 2 (Special Case concerning Application of Penalty Provisions to Ships Subject to New Registration)
The provisions of Article 33, subparagraphs 3 and 4 of Article 36 and Article 38 shall not apply to the owner and captain of any ship subject to new registration and the issuance of the registration certificate under the amended provisions of Articles 1-2 and 26-2 within six months after the date of the promulgation of this Act. Article 3 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions for any act committed before this Act enters into force shall be governed by the previous provisions.
Article 4 Omitted.
ADDENDA <Act No. 8221, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force ten months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8621, Aug. 3, 2007>
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 8-2 and 8-3 shall enter into force on July 1, 2008, while the amended provisions of the part other than the subparagraph of Article 13 (4), Article 18, and the part other than the subparagraph of Article 22 (1) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Registration Certificates)
In cases where a registration certificate has been delivered under the previous provisions of Article 26-2 (2) as at the time this Act enters into force, a certificate of a ship's nationality shall be deemed to have been delivered under Article 8 (2). Article 3 Omitted.
Article 4 (Relationship to Other Statutes)
In cases where other statutes cite the previous Ship Act and its provisions at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed to have been cited in lieu of such previous provisions if the provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9007, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 9870, Dec. 29, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso to subparagraph 4 of Article 26 shall enter into force six months after the date of its promulgation. |
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. 10799, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12537, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Application for Issuance of Certificate of Vessel’s Nationality (Provisional))
The amended provisions of Article 9 (2) and (3) shall apply beginning with the first application for the issuance of a certificate of vessel’s nationality (provisional) after this Act enters into force. Article 3 Omitted.
ADDENDUM <Act No. 13266, Mar. 27, 2015>
This Act shall enter into force on 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.
ADDENDUM <Act No. 16151, Dec. 31, 2018>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 8 (1) (excluding matters concerning the administrator of a regional office of oceans and fisheries) and 35 (2) 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.