CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect people’s health, safety, and property from accidents and to contribute to promoting public welfare by prescribing matters necessary for search for, and rescue, salvage, and protection of, people, ships, aircraft, watercraft for leisure use, etc. in distress in waters. <Amended by Act No. 13440, Jul. 24, 2015>
The definitions of the terms used in this Act are as follows: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13440, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017>
| 1. | The term "waters" means sea and inland waters; |
| 4. | The term "aquatic rescue and relief" means the duties concerning search for, and rescue and salvage of, persons and a ship, aircraft, watercraft for leisure use, etc. (hereinafter referred to as "ship or craft") in distress in waters, and protection and management of, and ex post facto measures concerning, the rescued persons, salvaged ship or craft, and articles; |
| 5. | The term "accident" means that people's health or safety, or the safety of a ship or craft is in danger in waters, for the following reasons: |
| (a) | Any accident, such as submerging, falling, isolation, or drifting of a person; |
| (b) | Sinking, stranding, capsizing, collision, fire, engine failure, or crash, etc. of a ship or craft; |
| 6. | The term "institutions cooperating in aquatic rescue and relief" means central administrative agencies, local governments, emergency rescue and relief support agencies defined in subparagraph 8 of Article 3 of the Framework Act on the Management of Disasters and Safety, and public organizations prescribed by Presidential Decree, which mutually cooperate in aquatic rescue and relief operations; |
| 7. | The term "search" means activities of searching for persons in distress, or a ship or craft which persons are presumed to have boarded, using personnel and equipment; |
| 8. | The term "rescue" means activities to rescue persons in distress, and give first aid treatment or provide other necessary things thereto, and guide them to safety; |
| 9. | The term "salvage" means acts or activities performed for the purpose of offering assistance to a ship or craft or other property (including cargo loaded on a ship or craft) in distress; |
| 10. | The term "rescue team" means an organizational unit composed of trained personnel with appropriate equipment to operate speedy search and rescue activities; |
| 11. | The term "civilian maritime rescue team member" means any person, such as any resident well acquainted with local waters, who is registered with a coast guard agency and assists in the maritime rescue activities of the Korea Coast Guard; |
| 12. | The term "flotsam" means articles that float or drift in waters, which have been abandoned involuntarily; |
| 13. | The term "sunken articles" means articles that have sunken to the bottom of waters, which have been abandoned involuntarily. |
| Article 2-2 (Scope of Application) |
Any provision of this Act concerning ship-owners or an order under this Act concerning them shall apply to a ship manager where the ship manager is appointed for a ship that is jointly owned and to a charterer where the ship is chartered, and where there is a person who performs the duties of a ship's master on behalf of the master, any provision concerning the ship's master shall apply to such person.
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 3 (Relationship to Other Statutes) |
Except as otherwise provided for in other statutes, this Act shall apply to all accidents occurring in waters. <Amended by Act No. 13440, Jul. 24, 2015>
CHAPTER II PREPARATION AGAINST AQUATIC ACCIDENTS
| Article 4 (Formulation of Master Plans for Preparation against Aquatic Accidents) |
| (1) | The Commissioner of the Korea Coast Guard shall formulate a master plan to prepare against aquatic accidents every five years to protect people's health, safety, and property from accidents occurring from natural or artificial causes and to efficiently perform aquatic rescue and relief activities. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Commissioner of the Korea Coast Guard shall formulate and implement an implementation plan to prepare against aquatic accidents every year to implement a master plan to prepare against aquatic accidents under paragraph (1). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | An implementation plan to prepare against aquatic accidents under paragraph (2) may be formulated and implemented as part of the civil defense plan under the Framework Act on Civil Defense. |
| (4) | Matters necessary for the formulation, amendment, etc. of master plans to prepare against aquatic accidents under paragraph (1) and implementation plans to prepare against aquatic accidents under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 5 (Establishment of Central Rescue Headquarters) |
| (1) | For the overall management and coordination of matters concerning aquatic rescue and relief operations at sea, for the coordination of aquatic rescue activities among institutions cooperating in aquatic rescue and relief, private organizations for aquatic rescue and relief, etc., and direction and control thereof, and for international cooperation in aquatic rescue and relief operations, the central rescue headquarters shall be established in the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | For the overall management and coordination of matters concerning aquatic rescue and relief operations by sea area, for the coordination of aquatic rescue and relief activities among institutions cooperating in aquatic rescue and relief and private organizations for aquatic rescue and relief located in the relevant area, and direction and control thereof, and for direction and control at the scene of aquatic accidents, a regional rescue headquarters shall be established in each regional coast guard headquarters and a local rescue headquarters at each coast guard station. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The head of the central rescue headquarters, the heads of regional rescue headquarters, and the heads of regional rescue headquarters (hereinafter referred to as "rescue headquarters") may request the heads of institutions cooperating in aquatic rescue and relief to dispatch their employees and to provide equipment for rapid aquatic rescue and relief operations. In such cases, the heads of institutions and organizations so requested shall comply therewith unless there is a compelling reason not to do so. <Amended by Act No. 13440, Jul. 24, 2015> |
| (4) | Necessary matters concerning the organization, operation, etc. of rescue headquarters shall be prescribed by Presidential Decree. |
| Article 5-2 (Implementation of Basic Training against Aquatic Accidents) |
| (1) | The central rescue headquarters shall annually implement basic training against aquatic accidents jointly with institutions cooperating in aquatic rescue and relief and private organizations for aquatic rescue and relief in order to protect people's health, safety, and property from accidents that occur in waters due to natural or artificial causes. |
| (2) | The Commissioner of the Korea Coast Guard shall report annually the results achieved in the implementation of basic training against aquatic accidents under paragraph (1) to the competent standing committee of the National Assembly of the Republic of Korea. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | Specific matters, such as the range and methods, of implementation of basic training against aquatic accidents under paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 6 (Establishment of Maritime Rescue and Relief Committees of All Levels) |
| (1) | In order to promptly and effectively perform maritime rescue and relief activities by establishing an organic cooperative system with institutions cooperating in aquatic rescue and relief and private organizations for aquatic rescue and relief, a central maritime rescue and relief committee shall be established under the control of the head of the central rescue headquarters. |
| (2) | In order to promptly and effectively perform maritime rescue and relief activities by establishing an organic cooperative system with local institutions cooperating in aquatic rescue and relief and local private organizations for aquatic rescue and relief, a regional maritime rescue and relief committee and local maritime rescue and relief committee shall be established under the control of each regional rescue headquarters and local rescue headquarters. |
| (3) | Matters necessary for the organization, operation, etc. of maritime rescue and relief committees under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 7 (Organization and Operation of Rescue Teams and EMS Teams) |
| (1) | The head of the central rescue headquarters, the heads of regional rescue headquarters, and the heads of local rescue headquarters (hereinafter referred to as "heads of rescue headquarters") shall organize and operate a rescue team in order to efficiently perform aquatic rescue and relief activities at sea, and shall organize and operate an EMS team in order to provide first aid treatment to emergency patients located at sea or on islands (excluding islands in which fire-fighting government offices are established) not connected with causeway or to urgently transport them to medical institutions. |
| (2) | The Fire Commissioner of the National Fire Agency, the heads of fire headquarters, and the chiefs of fire stations (hereinafter referred to as "heads of fire-fighting government offices") shall organize and operate a rescue team in order to perform aquatic rescue and relief activities on inland waters and shall organize and operate an EMS team in order to provide first aid treatment to emergency patients located on inland waters or to urgently transport them to medical institutions. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Where deemed necessary for the support for aquatic rescue and relief activities, the heads of institutions cooperating in aquatic rescue and relief may organize and operate a rescue team and an EMS team. |
| (4) | A rescue team and an EMS team under paragraphs (1) and (3) shall have human resources, equipment, organizational systems, etc. suitably equipped for aquatic rescue and relief operations, first aid treatment, etc. |
| (5) | Matters necessary for the organization, operation, etc. of rescue teams and EMS teams under paragraphs (1) and (3) shall be prescribed by Presidential Decree. |
| Article 8 (Establishment and Operation of Emergency Control Centers) |
| (1) | The heads of rescue headquarters shall establish and operate emergency control centers in order to cope with the outbreak of accidents and circumstances in which rescue and first aid are necessary, and to collect and disseminate information necessary for swift rescue activities. |
| (2) | Matters necessary for the organization and operation of emergency control centers under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 9 (Preparation of Emergency Search and Rescue Plans for Passenger Ships) |
| (1) | The owner of a passenger ship sailing on an international route (including a passenger ship operated by a foreign marine passenger transportation business entity approved pursuant to Article 6 (1) of the Marine Transportation Act; hereinafter referred to as "passenger ship") shall prepare a plan which includes the emergency communications network of rescue headquarters, emergency training schedules, a lifesaving apparatus layout, etc. (hereinafter referred to as "emergency search and rescue plan for passenger ship"), for search and rescue operations for the passenger ship in an emergency; report such plan to the chief of the competent coast guard station; and keep it on the relevant passenger ship and in the main office of the relevant owner after obtaining confirmation thereof. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13440, Jul. 24, 2015; Act No. 13920, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | Where the emergency search and rescue plan for passenger ship is amended, the owner of a passenger ship shall, without delay, report the details of such amendment to the chief of the competent coast guard station. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Where the chief of the competent coast guard station deems it necessary for the safety of a passenger ship, he or she may have police officials under his or her control board the ship or visit the main office of the owner of the passenger ship to confirm the emergency search and rescue plan for the relevant passenger ship. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | A police official who boards a ship or visits the main office of the owner of the passenger ship pursuant to paragraph (3), shall carry a certificate indicating his or her authority and present it to interested persons. |
| (5) | The owner of a passenger ship or the owner of a passenger ship under subparagraph 1-2 of Article 2 of the Marine Transportation Act shall conduct emergency search and rescue training of the relevant passenger ship under the command of the master at least once a year, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and determine the timing and method of training after consultation with the chief of the competent coast guard station or the chief of the competent fire station. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13440, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (6) | Necessary matters concerning preparation, etc. of an emergency search and rescue plan for a passenger ship shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 10 (Orders to Move or Evacuate Ships) |
In cases of any of the following ships, the head of a rescue headquarters may order the relevant person to move or evacuate the relevant ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That an order to move or evacuate a foreign ship shall be executed only within the Korean territorial sea and internal waters (excluding inland waters under subparagraph 1 of Article 2 of the Inland Water Fisheries Act) under Articles 1 and 3 of the Territorial Sea and Contiguous Zone Act: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13440, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> | 1. | A ship likely to be in distress due to bad weather at sea, such as a typhoon or the wind and waves; |
| 2. | A ship interfering with salvage work at a place in which a ship is salvaged. |
| Article 11 (Emergency Evacuation of Ships in Distress) |
The master or owner of a ship in distress that is likely to harm humans and the marine environment may perform emergency evacuation to decrease harm that may occur if the ship continues to sail.
| Article 12 (Application and Permission for Emergency Evacuation) |
| (1) | The master or owner of a ship in distress seeking emergency evacuation shall apply to the head of a rescue headquarters for permission for emergency evacuation. |
| (2) | The head of a rescue headquarters who receives an application for permission for emergency evacuation under paragraph (1) shall, without delay, determine whether to give permission. Where the head of the rescue headquarters gives permission, he or she may place conditions on such permission in consideration of influence the ship in distress may have on humans and the marine environment. |
| (3) | If the head of a rescue headquarters does not permit emergency evacuation considering marine weather, ship condition, etc., he or she shall immediately notify the applicant thereof and take measures necessary for the safety of the ship. |
| (4) | Matters necessary for the application, permission, procedures, etc. for emergency evacuation shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
CHAPTER III AQUATIC RESCUE AND RELIEF
| Article 13 (Jurisdiction of Aquatic Rescue and Relief) |
Aquatic rescue and relief activities at sea shall be performed by the head of a rescue headquarters and aquatic rescue and relief activities on inland waters shall be performed by the head of a fire-fighting government office: Provided, That in cases of aquatic rescue and relief activities on a ship for inland waters sailing on an international route, the head of a rescue headquarters and the head of a fire-fighting government office shall mutually cooperate to perform rescue and relief activities.
| Article 14 (Cooperation with Institutions Cooperating in Aquatic Rescue and Relief) |
| (1) | Where the head of a rescue headquarters or the head of a fire-fighting government office requests the head of an institution cooperating in aquatic rescue and relief to provide assistance and cooperation necessary for aquatic rescue and relief activities, the head of the institution shall comply with such request unless there is a compelling reason not to do so. <Amended by Act No. 13440, Jul. 24, 2015> |
| (2) | The head of a rescue headquarters or the head of a fire-fighting government office may conduct joint training or joint education of a rescue team and an EMS team, or establish a system for information exchange and mutual communications concerning a rescue team and an EMS team after consultation with the head of an institution cooperating in aquatic rescue and relief operations. |
| (3) | A Special Self-Governing Province Governor or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) shall take charge of protecting rescued persons; safekeeping, returning, and auctioning discovered articles; calculating, paying, and collecting rescue expenses; and all other affairs concerning ex post facto measures. |
| Article 15 (Reporting on Accidents) |
| (1) | If an accident occurs in waters, any of the following persons shall immediately file a report on such accident to the head of the nearby rescue headquarters or fire-fighting government office: <Amended by Act No. 13440, Jul. 24, 2015> |
| 1. | The master, pilot, or owner of a ship or craft in distress; |
| 2. | A person who witnesses an accident that occurs in waters; |
| 3. | A person who receives a distress signal or communications from a ship or craft in distress; |
| 4. | The master or crew of a ship that has provided a cause for an accident. |
| (2) | Where a ship or craft is deemed to be in danger of disappearance because the whereabouts is unknown and radio communications are cut off, the owner, operator, or manager of such ship or craft shall file a report on such fact, without delay, to the head of a rescue headquarters or the head of a fire-fighting government office. |
| (3) | The head of a rescue headquarters or the head of a fire-fighting government office who receives an accident report or becomes aware of an accident pursuant to paragraphs (1) and (2) shall notify such fact without delay to the head of the rescue headquarters or the head of the fire-fighting government office having jurisdiction over the area in which such accident has occurred. |
| Article 16 (Measures to Be Taken by Rescue Headquarters) |
| (1) | The head of a rescue headquarters or the head of a fire-fighting government office who receives an accident report or notification thereof or becomes aware of an accident as prescribed in Article 15, shall take measures necessary to conduct aquatic rescue and relief operations, such as directing or requesting rescue by a rescue team, or requesting rescue by a ship or craft in the vicinity of the distress situation. |
| (2) | The head of a rescue team in receipt of the direction of or request for rescue as prescribed in paragraph (1) shall report or notify the progress of rescue work to the head of the competent rescue headquarters or the head of the competent fire-fighting government office, as required. |
| (3) | Where the head of a rescue headquarters or the head of a fire-fighting government office deems it necessary to conduct aquatic rescue and relief operations pursuant to paragraph (1), he or she may request the heads of institutions cooperating in aquatic rescue and relief or private organizations for aquatic rescue and relief to support rescue activities (including towing a ship or craft in distress) by, for example, dispatching their rescue support personnel or ships to the scene. In such cases, the heads of institutions cooperating in aquatic rescue and relief or private organizations for aquatic rescue and relief shall comply with such request unless there is a compelling reason not to do so. |
| (4) | Where the head of a rescue headquarters or the head of a fire-fighting government office deems it necessary for the rescue of survivors, he or she may perform underwater search and rescue activities: Provided, That where it is likely to cause serious harm to the health and life of a person who performs such activities, he or she may refrain from performing search and rescue activities or suspend such activities. |
| Article 17 (Issuance of Instructions at Accident Scene) |
| (1) | The head of a local rescue headquarters or the chief of a fire station shall issue instructions on aquatic rescue and relief operations at the scene of an accident: Provided, That, with respect to matters concerning emergency medical services, transportation, etc., he or she shall consult with the head of a relevant institution cooperating in aquatic rescue and relief operations. |
| (2) | The instructions at the scene of an accident under paragraph (1) shall be issued on any of the following matters: <Amended by Act No. 13440, Jul. 24, 2015> |
| 1. | Aquatic rescue and relief activities at the scene of an accident; |
| 2. | Assigning tasks to the institutions cooperating in aquatic rescue and relief, private organizations for aquatic rescue and relief, volunteers, etc., and arrangement and management of human resources and equipment; |
| 3. | Emergency measures for the prevention of further accidents; |
| 4. | Handling of dead persons and medical treatment of those injured and transporting them to medical institutions; |
| 5. | Management of materials and equipment necessary for aquatic rescue and relief operations; |
| 6. | Measures to secure the safety of aquatic rescue workers; |
| 7. | Necessary matters concerning the efficient execution of aquatic rescue and relief activities, such as the control of access to the scene of an accident and maintenance of order at the scene of the accident. |
| (3) | Where the head of a regional rescue headquarters or the head of a fire headquarters deems it necessary for the heads of two or more local rescue headquarters or the chiefs of two or more fire stations to take concerted actions, etc., notwithstanding paragraph (1), he or she may issue direct instructions at the scene of an accident. |
| (4) | Where an aquatic accident of a scale larger than that prescribed by Presidential Decree occurs, notwithstanding paragraphs (1) and (3), the head of the central rescue headquarters or the Fire Commissioner of the National Fire Agency may issue direct instructions at the scene of an accident. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Aquatic rescue workers engaging in aquatic rescue and relief activities at the scene of an accident, and crew members and passengers of a ship in distress shall comply with the instructions and control of the commander at the scene of the accident, as prescribed in paragraphs (1), (3), and (4). <Amended by Act No. 13440, Jul. 24, 2015> |
| (6) | The command post of the head of a rescue headquarters for aquatic rescue and relief activities shall be as prescribed by Presidential Decree. <Newly Inserted by Act No. 16511, Aug. 20, 2019> |
| Article 18 (Rescue Aid by Nearby Ship or Craft) |
| (1) | If the master, pilot, etc. of a ship or craft near the scene of an accident receive a request for rescue from a ship or craft in distress, the head of a rescue headquarters, or the head of a fire-fighting government office, they shall provide maximum support so that persons in distress may be swiftly rescued: Provided, That the master and crew of a ship in distress or a ship that has caused the accident, shall take necessary measures to swiftly rescue persons in distress, even though they receive no such request. <Amended by Act No. 13440, Jul. 24, 2015> |
| (2) | Where the master, pilot, etc. of a ship or craft who receive a request for rescue from the head of a rescue headquarters or the head of a fire-fighting government office is unable to launch rescue operations, he or she shall notify, without delay, the head of the rescue headquarters or the head of the fire-fighting government office, of the reason therefor. |
| Article 19 (Reporting on Salvage of Ship or Craft in Distress) |
| (1) | Any person who intends to salvage a ship or craft in distress in any of the following places shall file a report on such fact to the head of a rescue headquarters or the head of a fire-fighting government office before he or she begins salvage operations: Provided, That where he or she intends to salvage a small ship prescribed by Presidential Decree or to conduct salvage operations at the request of the head of a rescue headquarters or the head of a fire-fighting government office pursuant to Article 16 (3), the foregoing shall not apply, and where he or she intends to perform an emergency rescue, he or she shall inform the head of a rescue headquarters or the head of a fire-fighting government office of the emergency rescue, without delay, after he or she begins emergency rescue operations: <Amended by Act No. 13440, Jul. 24, 2015; Act No. 13920, Jan. 27, 2016; Act No. 14605, Mar. 21, 2017> |
| (2) | Where the head of a rescue headquarters or the head of a fire-fighting government office receives a report under paragraph (1), in which case he or she deems it appropriate to perform rescue operations after he or she reviews the details of the report, he or she shall accept the report. Where he or she deems matters reported insufficient to perform rescue operations, he or she may require the reporter to file a report again after making necessary revision. <Newly Inserted by Act No. 16156, Dec. 31, 2018> |
| (3) | Necessary matters concerning the details, form, etc. of reporting under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 16156, Dec. 31, 2018> |
| Article 19-2 (Safety Management at Rescue Operations) |
Where it is necessary for the safety management and the prevention of environmental pollution at rescue operations, the head of a rescue headquarters or the head of a fire-fighting government office may order the persons concerned with rescue operations to reinforce manpower and equipment, and to take measures, etc. for the navigational safety of neighboring ships.
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 20 (Entering into Insurance Contract When Salvaging Ships or Crafts in Distress) |
Any person who intends to salvage a ship or craft in distress shall enter into an insurance contract in preparation for the occurrence of an accident and marine pollution before he or she starts a salvage operation: Provided, That in cases of a salvage operation under the proviso of Article 19 (1), this shall not apply.
| Article 21 (Responsibilities When Towing Ship or Craft in Distress) |
Even when a ship or craft in distress are damaged or destroyed due to towing as prescribed in the following, a person towing a ship or craft in distress shall not bear civil and criminal responsibilities unless it is caused by intention or gross negligence. In such cases, a person who tows a ship or craft in distress shall notify the master or owner of such ship of such fact:
| 1. | Where a ship of a private organization for aquatic rescue and relief tows a ship or craft in distress at the request of the head of a rescue headquarters or the head of a fire-fighting government office under Article 16 (3); |
| 2. | Where a private ship tows a ship or craft in distress without remuneration (the payment of actual cost shall not be deemed the payment of remuneration). In such cases, the range of actual cost shall be prescribed by Presidential Decree; |
| 3. | Where a ship of a national agency tows a ship or craft in distress in order to salvage such ship in urgent need for salvage. |
| Article 22 (Permission for Foreign Rescue Teams to Enter Territorial Waters) |
| (1) | If a foreign rescue team requests permission to enter the territorial waters, territory, or airspace of the Republic of Korea for prompt aquatic rescue and relief activities in accordance with a treaty concluded with the Republic of Korea, the head of a central rescue headquarters shall give permission without delay, and notify the relevant authorities of such fact. |
| (2) | Matters necessary for a request, permission, etc. for entry under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 23 (Search and Rescue in Case of Overseas Aquatic Accidents) |
| (1) | Where search and rescue operations are necessary to deal with an aquatic accident effecting Korean people and ships or crafdts in a foreign country and an aquatic accident effecting foreign people and ships or crafts in a foreign country, the head of a central rescue headquarters may dispatch a rescue team. |
| (2) | Matters necessary for the dispatch of rescue teams overseas under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 24 (Termination or Suspension of Rescue Activities) |
In any of the following cases, the head of a rescue headquarters may terminate or suspend rescue activities:
| 1. | Where rescue activities are completed; |
| 2. | Where it is unnecessary to continue rescue activities because there is no longer a chance of finding any survivors, etc. |
| Article 25 (Investigation into Accidents in Korea) |
| (1) | Where a large-scale accident occurs at sea, the Commissioner of the Korea Coast Guard may organize an investigation team in combination with the relevant institutions cooperating in aquatic rescue and relief, and conduct investigations into the cause of the accident and damage caused thereby: Provided, That where an investigation is conducted under the Act on the Investigation of and Inquiry into Marine Accidents, this shall not apply. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | In order to organize an investigation team pursuant to paragraph (1), the Commissioner of the Korea Coast Guard may request the heads of relevant institutions cooperating in aquatic rescue and relief to dispatch affiliated public officials or staff. In such cases, the heads of the relevant institutions cooperating in aquatic rescue and relief, upon receipt of such request, shall comply therewith unless there is a compelling reason not to do so. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for the organization and operation of an investigation team under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER IV MARITIME RESCUE AND SALVAGE ASSOCIATION OF KOREA
| Article 26 (Establishment of Maritime Rescue and Salvage Association of Korea) |
| (1) | The Maritime Rescue and Salvage Association of Korea (hereinafter referred to as the "Association") shall be established for assistance in search and rescue and salvage activities; the research, development, publicity, education, and training of technology, systems, culture, etc. of search and rescue and salvage at sea; the performance of duties entrusted by administrative agencies; the sound development of maritime rescue and salvage business; and the improvement in maritime rescue and salvage techniques of persons engaging therein. <Amended by Act No. 16156, Dec. 31, 2018> |
| (2) | The Association shall be a corporation. |
| (3) | Items to be stated in the articles of association of the Association and matters necessary for management, supervision, etc. thereof shall be prescribed by Presidential Decree. |
| (4) | Provisions concerning incorporated association prescribed by the Civil Act shall apply mutatis mutandis to the Association, except as otherwise prescribed by this Act. |
| Article 27 (Duties of the Association) |
| (1) | The Association shall conduct the following duties: <Amended by Act No. 13440, Jul. 24, 2015; Act No. 16156, Dec. 31, 2018> |
| 1. | Assistance in search and rescue and salvage operations; |
| 2. | Education, inspection, research, and development concerning the techniques of search and rescue and salvage operations; |
| 3. | Issuance of all kinds of publications concerning search and rescue and salvage operations; |
| 4. | Providing advice and suggestions concerning the techniques of search and rescue and salvage operations; |
| 5. | Publicity to the people to prevent marine accidents and to enhance the awareness of safety management; |
| 6. | Duties entrusted by administrative agencies concerning search and rescue and salvage operations; |
| 7. | Collection, analysis, and supply of information concerning the techniques of search and rescue and salvage operations; |
| 8. | Management and education and training of civilian maritime rescue team members who assist in search and rescue and salvage operations; |
| 9. | Other matters specified by the articles of association, such as the promotion of the welfare of members, etc. |
| (2) | The Commissioner of the Korea Coast Guard or the head of a local government may provide administrative and financial support necessary to perform duties entrusted to the Association. <Newly Inserted by Act No. 16156, Dec. 31, 2018> |
| Article 28 (Qualification of Members) |
The following persons shall be eligible to become members of the Association: <Amended by Act No. 13440, Jul. 24, 2015; Act No. 15012, Oct. 31, 2017; Act No. 16160, Dec. 31, 2018>
| 1. | A person engaged in ship inspection business of a classification society established under the Ship Safety Act or the Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act, who intends to become a member; |
| 3. | A civil maritime rescue team member, who intends to become a member; |
| 4. | A person specified by Presidential Decree who intends to become a member from among persons with extensive knowledge and experience in aquatic rescue and relief. |
CHAPTER V ASSISTANCE IN CIVILIAN RESCUE ACTIVITIES
| Article 29 (Orders to Perform Aquatic Rescue and Relief Activities) |
| (1) | Where deemed necessary to conduct aquatic rescue and relief operations, the head of a rescue headquarters or the head of a fire-fighting government office may order persons or organizations to perform aquatic rescue and relief activities or may temporarily use ships, automobiles, aircraft, other persons' land and buildings, or other articles, etc. to the extent necessary: Provided, That older persons, the weak, mentally disordered persons, persons with physical disabilities, and persons prescribed by Presidential Decree shall be exempt therefrom. |
| (2) | Upon receipt of an order under paragraph (1), a person shall perform aquatic rescue and relief activities under the instruction of the head of the rescue headquarters or the head of the fire-fighting government office. |
| (3) | Where a person engaging in aquatic rescue and relief activities under paragraph (1) gets injured (including where he or she incurs a physical disability) or dies (including where he or she dies from injuries), the State or a local government shall provide compensation to the injured person or his or her bereaved family: Provided, That where a person has already received the same type of compensation at the expense of the State or a local government under any other statutes and regulations, an amount equivalent to such compensation shall be withheld from such person. <Amended by Act No. 13920, Jan. 27, 2016> |
| (4) | Where a person who performs aquatic rescue and relief activities pursuant to paragraph (1), is eligible to apply for compensation pursuant to the Act on Honorable Treatment of and Support for Persons Who Died or Was Injured for Public Good, the head of a rescue headquarters or the head of a fire-fighting government office shall endeavor to support him or her so that he or she may receive compensation pursuant to the same Act. |
| (5) | Compensation under the main clause of paragraph (3) shall be provided at the expense of the State or a local government, and necessary matters concerning the standards, procedures, etc. therefor shall be prescribed by Presidential Decree. In such cases, the standards for compensation prescribed by the Act on Honorable Treatment of and Support for Persons Who Died or Was Injured for Public Good shall be complied with unless there is a compelling reason not to do so. <Amended by Act No. 13920, Jan. 27, 2016> |
| (6) | A person who intends to receive compensation as prescribed in paragraph (3), shall file an application with the head of a relevant local government, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (7) | Where a person engaging in rescue operations in waters under paragraph (1) sustains an injury, the State or a local government shall provide medical treatment to him or her, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13920, Jan. 27, 2016; Act No. 14751, Mar. 21, 2017> |
| Article 30 (Treatment to Civilian Maritime Rescue Team Members) |
| (1) | Civilian maritime rescue team members may assist the Korea Coast Guard in maritime rescue activities and activities to prevent and respond to accidents. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13440, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (2) | Where a person meeting requirements prescribed by Ordinance of the Ministry of Oceans and Fisheries, among civilian maritime rescue team members and civilians performing maritime rescue and relief operations, provides assistance in maritime rescue activities and activities to prevent and respond to accidents pursuant to paragraph (1), he or she may be provided with an allowance and reimbursed for actual expenses, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13440, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017; Act No. 16156, Dec. 31, 2018> |
| (3) | Where it is deemed necessary, the head of a local government may subsidize some of expenses incurred by civilian maritime rescue team members in participating in rescue activities in waters, within his or her jurisdiction. <Newly Inserted by Act No. 13440, Jul. 24, 2015> |
| (4) | The head of a rescue headquarters may lend equipment necessary to conduct maritime rescue activities to civilian maritime rescue team members free of charge. <Amended by Act No. 16156, Dec. 31, 2018> |
| (5) | The head of a rescue headquarters shall provide education and training for civilian maritime rescue team members. In such cases, he or she may entrust such education and training to the Association, etc. <Newly Inserted by Act No. 16156, Dec. 31, 2018> |
| (6) | Necessary matters concerning the details, period, method, etc. of education and training for civilian maritime rescue team members shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 16156, Dec. 31, 2018> |
| (7) | Where a civilian maritime rescue team member gets sick or injured (including where he or she incurs a physical disability) or dies (including where he or she dies from injuries) due to rescue activities, and education and training concerning rescue, Article 29 (3) through (7) shall apply mutatis mutandis to standards, procedures, etc. for medical treatment or compensation. <Amended by Act No. 13920, Jan. 27, 2016; Act No. 16156, Dec. 31, 2018> |
| Article 30-2 (Aquatic Rescue Technicians) |
| (1) | The Commissioner of the Korea Coast Guard may qualify a person deemed to have professional skills to rescue a person in distress in waters as an aquatic rescue technician. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | A person who intends to become an aquatic rescue technician, shall pass an examination conducted by the Commissioner of the Korea Coast Guard after completing a curriculum at a related organization or institution (hereinafter referred to as "educational institution") designated by the Commissioner of the Korea Coast Guard. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | The Commissioner of the Korea Coast Guard shall issue an aquatic rescue technician certificate (hereinafter referred to as "certificate") to persons who have passed an examination for aquatic rescue technicians, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | Qualification of an aquatic rescue technician shall come into effect from the date a person is issued with a certificate under paragraph (3). |
| (5) | No person who falls under grounds for disqualification referred to in Article 30-3 as of the date an examination for aquatic rescue technicians is conducted shall apply for the examination for aquatic rescue technicians. <Newly Inserted by Act No. 16156, Dec. 31, 2018> |
| (6) | Subjects for and methods of examination for aquatic rescue technicians under paragraph (2), and other necessary matters concerning examination shall be prescribed by Presidential Decree, and necessary matters concerning designation of an educational institution and the revocation of the designation thereof, curriculum, the management and supervision thereof, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 14839, Jul. 26, 2017; Act No. 16156, Dec. 31, 2018> |
| (7) | The Commissioner of the Korea Coast Guard may entrust affairs concerning the implementation of examinations for aquatic rescue technicians to a related specialized institution deemed to be able to administer examinations, as prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017; Act No. 16156, Dec. 31, 2018> |
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 30-3 (Grounds for Disqualification) |
| (1) | Any of the following persons shall be disqualified from becoming an aquatic rescue technician: <Amended by Act No. 16156, Dec. 31, 2018> |
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 4. | A person for whom his or her imprisonment without labor or greater punishment declared by a court for committing a crime prescribed in this Act or any of the following crimes has neither been completed nor exempted: |
| (b) | Crimes referred to in Article 268 of the Criminal Act (only applicable to negligence related to affairs concerning safety management and lifesaving in waters); |
| (d) | Crimes referred to in items (a) through (c), for which aggravated punishment is imposed pursuant to other statutes. |
| (2) | The head of an agency prescribed by Presidential Decree among agencies holding personal information shall notify the Commissioner of the Korea Coast Guard of personal information related to grounds for disqualification of an aquatic rescue technician. <Newly Inserted by Act No. 16156, Dec. 31, 2018> |
| (3) | Details of personal information required to be notified to the Commissioner of the Korea Coast Guard under paragraph (2), methods of notification and other matters necessary for notification of personal information shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 16156, Dec. 31, 2018> |
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 30-4 (Punishment for Cheating) |
| (1) | In cases of a person who has applied for an examination for aquatic rescue technicians by improper means or has cheated on an examination for aquatic rescue technicians, such examination shall be suspended or his or her passing of the examination shall become null and void. |
| (2) | No person for whom the examination is suspended or his or her passing of the examination becomes null and void pursuant to paragraph (1), shall apply for an examination for aquatic rescue technicians for two years from the date the said measures are taken. |
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 30-5 (Matters to Be Observed by Aquatic Rescue Technicians) |
Each aquatic rescue technician shall comply with matters provided in the following:
| 1. | He or she shall not request a rescued person to provide compensation, such as money and other valuables, not provided by statutes and regulations after the completion of rescue; |
| 2. | He or she shall neither require other persons to perform his or her duties by using his or her name, nor lend his or her certificate to other persons. |
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 30-6 (Duty of Confidentiality) |
No aquatic rescue technician shall divulge or disclose confidential information he or she has learned in the course of the rescue of a person in distress.
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 30-7 (Retaining Qualification) |
| (1) | Any person who is qualified as an aquatic rescue technician shall receive continuing education by the Commissioner of the Korea Coast Guard within a period classified in the following (hereinafter referred to as "period of continuing education"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Where he or she is qualified as an aquatic rescue technician for the first time, within six months from the date two years elapse counting from the date he or she receives a certificate; |
| 2. | In cases other than the one under subparagraph 1, within six months from the date two years elapse counting from the date he or she receives the immediately preceding continuing education. |
| (2) | Where it is deemed that a person subject to continuing education is unable to receive such education during the period of the education for any of the following reasons, the Commissioner of the Korea Coast Guard may require him or her to receive continuing education in advance or may permit him or her to postpone such education within six months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Where he or she is scheduled to stay or is staying in a foreign country or suffers an accident or disaster during the period of continuing education; |
| 2. | Where he or she is unable to move around due to his or her illness or injury; |
| 3. | Where his or her personal liberty is restrained pursuant to statutes and regulations; |
| 4. | Where he or she is serving on active duty; |
| 5. | Where it is deemed that extenuating circumstances exist under which he or she is unable to receive continuing education during the period of such education. |
| (3) | The Commissioner of the Korea Coast Guard may conduct continuing education under paragraph (1), by entrusting such education to an educational institution under Article 30-2 (2). <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | In cases of a person who has failed to receive continuing education under paragraph (1), his or her qualification as an aquatic rescue technician is suspended from the date after the period of continuing education ends: Provided, That where he or she receives such education within one year after the suspension of qualification, his or her qualification shall become valid again from the date he or she receives the education. |
| (5) | The Commissioner of the Korea Coast Guard shall notify a person whose qualification is suspended pursuant to paragraph (4) of the suspension of qualification, and the person who receives the notification of the suspension of qualification shall return his or her certificate to the Commissioner of the Korea Coast Guard within 15 days from the date he or she receives the notification thereof. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 30-8 (Revocation of Qualification) |
| (1) | Where an aquatic rescue technician falls under any of the following, the Commissioner of the Korea Coast Guard may revoke his or her qualification or suspend the validity of his or her qualification within one year: Provided, That where he or she falls under any of subparagraphs 1 through 3, his or her qualification shall be revoked: <Amended by Act No. 14839, Jul. 26, 2017; Act No. 16156, Dec. 31, 2018> |
| 1. | Where it is revealed that he or she has obtained qualification by fraud or other improper means; |
| 2. | Where he or she falls under any of grounds for disqualification under Article 30-3 (1) 1 through 4; |
| 3. | Where one year has passed from the date his or her qualification was suspended because he or she failed to receive continuing education; |
| 4. | Where he or she violates matters to be observed under Article 30-5; |
| 5. | Where he or she violates the duty of confidentiality under Article 30-6. |
| (2) | No person whose qualification is revoked pursuant to paragraph (1) 1, shall apply for an examination for aquatic rescue technicians for two years from the date his or her qualification is revoked. |
| (3) | A person whose qualification is revoked pursuant to paragraph (1), shall return his or her certificate to the Commissioner of the Korea Coast Guard within 15 days from the date his or her qualification is revoked. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 30-9 (Purchase of Insurance, etc.) |
| (1) | The head of an educational institute shall purchase insurance or join a mutual aid society (hereinafter referred to as "insurance, etc.") in order to compensate aquatic rescue technician trainees and its employees for losses incurred to them as prescribed by Presidential Decree. |
| (2) | The head of an educational institute shall give information on whether he or she has purchased insurance, etc. under paragraph (1) to aquatic rescue technician trainees and its employees as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13156, Dec. 31, 2018]
| Article 30-10 (Request for Information on Purchase of Insurance, etc.) |
| (1) | For examination and management related to the purchase of insurance, etc. under Article 30-9, the Commissioner of the Korea Coast Guard may request an insurance company and mutual aid society (hereinafter referred to as "insurance company, etc.") or an insurance association, etc. referred to in Chapter 11 Section 1 of the Insurance Business Act (hereinafter referred to as "insurance association, etc.") to provide data or information necessary for examination and management related to the purchase of insurance, etc. |
| (2) | Where an insurance company, etc. is requested to provide data or information pursuant to paragraph (1), it may provide the relevant data or information through an insurance association, etc. |
| (3) | Any person requested to provide data or information under paragraph (1) shall comply with the request unless good cause is shown for his or her failure to comply therewith. |
[This Article Newly Inserted by Act No. 13156, Dec. 31, 2018]
| Article 30-11 (Delegation of Authority) |
The authority of the Commissioner of the Korea Coast Guard under Articles 30-2, 30-4, 30-7, and 30-8 may be delegated to the head of an agency under his or her jurisdiction, as prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017> [This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
| Article 30-12 (Training and Management of Deep Sea Divers) |
| (1) | The Commissioner of the Korea Coast Guard may establish a deep diving rescue training center to train and manage deep sea divers who specialize in deep diving and aquatic rescue. <Amended by Act No. 13920, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | The Commissioner of the Korea Coast Guard may perform physical examinations to ascertain whether deep sea divers (including divers prescribed by Ordinance of the Ministry of Oceans and Fisheries among civilian maritime rescue team members) are suitable for deep diving. <Newly Inserted by Act No. 13920, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 13440, Jul. 24, 2015]
CHAPTER VI DISTRESS SIGNALS
| Article 31 (Maritime Rescue Coordination Center) |
| (1) | The Commissioner of the Korea Coast Guard shall designate and operate a maritime rescue coordination center and maritime rescue coordination sub-centers under the International Convention on Maritime Search and Rescue 1979 and the 1944 Convention on International Civil Aviation. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Matters necessary for the designation, operation, etc. of the maritime rescue coordination center and sub-centers thereof under paragraph (1) shall be prescribed by public notification of the Commissioner of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 32 (Receipt of Distress Signals) |
| (1) | The head of a maritime rescue coordination center shall be equipped with communications equipment capable of receiving distress signals and shall listen out for distress signals at all times so that he or she may promptly notice an accident. |
| (2) | Matters necessary for listening out for distress signals, such as communications networks, frequencies, etc. by which distress signals under paragraph (1) can be received, shall be prescribed by Presidential Decree. |
| Article 33 (Ship Position Reports) |
| (1) | When a ship leaves a port or an inlet or enters a sea area designated and publicly notified by the Commissioner of the Korea Coast Guard as an area in which ships shall report their positions, the master of the ship shall submit the following reports to the head of the relevant maritime rescue coordination center: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Reports on a navigation plan; |
| 2. | Ship position reports; |
| (2) | The scope of ships required to submit reports under paragraph (1), detailed standards for reporting and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Ships sailing with an automatic identification system under Article 30 of the Ship Safety Act may be exempt from submitting ship position reports under paragraph (1) 2. |
| Article 34 (Use of Communications Equipment) |
| (1) | Where it is necessary for aquatic rescue and relief activities, the head of a rescue headquarters or the head of a fire-fighting government office may request a telecommunications business entity defined in subparagraph 8 of Article 2 of the Telecommunications Business Act to fully or partially limit or suspend telecommunications services, or request a broadcasting business entity defined in subparagraph 3 of Article 2 of the Broadcasting Act to promptly broadcast necessary information. |
| (2) | The heads of institutions upon receipt of a request under paragraph (1) shall comply with such request unless there is a compelling reason not to do so. |
CHAPTER VII EX POST FACTO MANAGEMENT
| Article 35 (Transfer of Rescued People, Ship or Craft, and Articles) |
| (1) | The head of a rescue headquarters or the head of a fire-fighting government office shall verify the identity of a rescued or dead person and if such person has a guardian or bereaved family, he or she shall transfer custody of such person to the guardian or bereaved family, and if the owner of a salvaged ship or craft or articles is verified, he or she may transfer custody of such ship or craft or articles to the owner. |
| (2) | Where the identity of a rescued or dead person remains unverified or no guardian or bereaved family exists to take custody of such person, and where the owner of a salvaged ship or craft or articles is not verified, the head of a rescue headquarters or the head of a fire-fighting government office shall transfer such rescued person, dead person, salvaged ship or craft and articles to the custody of a Special Self-Governing Province Governor or the head of a Si/Gun/Gu. |
| (3) | A person who salvages flotsam or sunken articles (hereinafter referred to as "flotsam, etc.") shall deliver, without delay, such flotsam, etc. to a Special Self-Governing Province Governor or the head of a Si/Gun/Gu: Provided, That where the owner is obviously ascertainable and the ownership or possession of flotsam, etc. is not prohibited by any Act, a person who salvages flotsam, etc. may directly deliver such flotsam, etc. to the owner within seven days from the date he or she salvages such flotsam, etc. |
| Article 36 (Protection of Rescued Persons) |
A Special Self-Governing Province Governor or the head of a Si/Gun/Gu who takes custody of rescued persons, etc. pursuant to Article 35 (2) shall promptly take necessary protective measures for such persons, such as providing them with lodging, meals, clothing, and medical treatment, and take appropriate measures for dead persons, such as placing them in a morgue.
| Article 37 (Handling of Transferred Articles) |
| (1) | A Special Self-Governing Province Governor or the head of a Si/Gun/Gu who takes custody of a salvaged ship or craft or articles, as prescribed in Article 35 (2) or is delivered salvaged flotsam, etc. as prescribed in paragraph (3) of the same Article shall keep them safely. |
| (2) | The master, owner, operator, or manager (hereinafter referred as "master or person concerned") of a salvaged ship or craft or the owner of salvaged articles, may provide security recognized to be appropriate by a Special Self-Governing Province Governor or the head of a Si/Gun/Gu, and request him or her to transfer custody of such ship or craft or articles, and the Special Self-Governing Province Governor or the head of the Si/Gun/Gu may transfer custody of such ship, etc, or articles to the master or person concerned or the owner of such articles, notwithstanding paragraph (1). |
| (3) | In the case of paragraph (1), where keeping articles that have been taken over is recognized to be inappropriate as they fall under any of the following, such articles may be sold by public auction and the money therefrom shall be kept, as prescribed by Presidential Decree: |
| 1. | Articles likely to be destroyed or damaged, to perish, or to diminish in value; |
| 2. | Explosives, inflammables, articles harmful to health, or articles likely to cause danger while being kept; |
| 3. | Articles, the cost of storage of which noticeably exceeds the value thereof. |
| (4) | Where a Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to conduct a public auction of articles as prescribed in paragraph (3), he or she shall notify in advance that he or she may transfer custody of articles to the owner or the master or person concerned after such person provides security within a period specified by him or her, and if security is not provided or no request for the transfer of custody of articles is made, such articles shall be publicly auctioned. |
| Article 38 (Rescue Expenses for Rescued Persons) |
| (1) | Expenses incurred in taking measures pursuant to Article 36 for a rescued person shall be paid by the rescued person. |
| (2) | Rescued persons shall pay expenses under paragraph (1) within a period specified by a Special Self-Governing Province Governor or the head of a Si/Gun/Gu. |
| (3) | If a rescued person is unable to pay the expenses under paragraph (1), such expenses shall be borne by the National Treasury. In such cases, criteria for determining inability to pay expenses shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Paragraphs (1) through (3) shall apply mutatis mutandis to dead persons. In such cases, "rescued person" shall be construed as "bereaved family". |
| Article 39 (Payment of Expenses for Aquatic Rescue and Relief Operations) |
| (1) | A person who has performed aquatic rescue and relief activities according to an order under Article 29 (1) and the owner, leaseholder, or user of land, building, etc. that is temporarily used for aquatic rescue and relief activities shall be eligible to receive expenses for aquatic rescue and relief operations from a Special Self-Governing Province Governor or the head of a Si/Gun/Gu: Provided, That this shall not apply to any of the following persons: <Amended by Act No. 13440, Jul. 24, 2015> |
| 1. | The master or person concerned, crew, etc. of a salvaged ship or craft; |
| 2. | A person who causes an accident by intention or negligence; |
| 3. | A person who enforces a rescue notwithstanding justifiable refusal; |
| 4. | A person who removes distressed articles. |
| (2) | "Expenses for aquatic rescue and relief operations" in paragraph (1) means any of the following expenses: |
| 1. | Expenses incurred in towing a ship or craft in distress pursuant to Article 16 (3); |
| 2. | Remuneration for services provided by those engaging in aquatic rescue and relief activities according to an order under Article 29 (1) for a distressed ship or craft and the passengers and crew thereof; |
| 3. | Compensation for loss arising from the use of ships, automobiles, aircraft, land, buildings, or other articles under Article 29 (1); |
| 4. | Expenses incurred in the transportation, storage, or public auction of salvaged articles. |
| Article 40 (Amount of Expenses for Aquatic Rescue and Relief Operations and Notification of Payment) |
| (1) | The amount of expenses for aquatic rescue and relief operations under Article 39 shall be determined by a Special Self-Governing Province Governor or the head of a Si/Gun/Gu after consultation with the chief of a coast guard station or the chief of a fire station, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | A Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall notify the master or person concerned of a distressed ship or craft of the amount of expenses for aquatic rescue and relief operations, and have him or her pay such amount by the deadline specified by the Special Self-Governing Province Governor or the head of the Si/Gun/Gu. |
| (3) | Where the master or person concerned of a distressed ship or craft fail to pay rescue expenses by the deadline specified by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu shall sell the articles kept by the master or person concerned at a public auction, cover the rescue expenses with the money earned at a public auction, and return the remainder, if any, to the master or person concerned, as prescribed by Presidential Decree. |
| Article 41 (Application for Payment of Expenses for Aquatic Rescue and Relief Operations) |
A person who intends to be paid expenses for aquatic rescue and relief operations as prescribed in Article 39, shall apply for receipt of such expenses to a Special Self-Governing Province Governor or the head of a Si/Gun/Gu via the chief of a coast guard station or the chief of a fire station having jurisdiction over the area in distress by the deadline specified by the Special Self-Governing Province Governor or the head of the Si/Gun/Gu. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 42 (Inspection of Documents by Interested Persons) |
The master or person concerned of a salvaged ship or craft or other interested persons may inspect documents concerning expenses for aquatic rescue and relief operations prepared by a Special Self-Governing Province Governor or the head of a Si/Gun/Gu.
CHAPTER VIII PENALTY PROVISIONS
| Article 43 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 70 million won: <Amended by Act No. 15006, Oct. 31, 2017> |
| 1. | A person who falls under Article 15 (1) 4 and fails to file a report on an accident; |
| 2. | A person who fails to take action necessary for rescue, in violation of the proviso of Article 18 (1). |
| (2) | Where a person causes a victim's death or injury by committing a crime under paragraph (1), he or she shall be aggravatingly punished in accordance with the following classifications: <Newly Inserted by Act No. 13440, Jul. 24, 2015> |
| 1. | Where the person causes the victim's death, he or she shall be punished by imprisonment with labor for an indefinite term or for at least three years; |
| 2. | Where the person causes the victim's injury, he or she shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won. |
| Article 44 (Penalty Provisions) |
Any person who interferes with aquatic rescue and relief operations performed by the head of a rescue headquarter or the head of a fire-fighting government office, 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. 15006, Oct. 31, 2017>
| Article 45 (Penalty Provisions) |
Any person who fails to comply with an order issued by the head of a rescue headquarters or the head of a fire-fighting government office to perform aquatic rescue and relief activities pursuant to Article 29 (1), or refuses the temporary use of a ship, automobile, aircraft, land, building, or other articles without good cause, shall be punished by a fine not exceeding three million won.
| Article 46 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 16156, Dec. 31, 2018> |
| 1. | A person who fails to file a report on an emergency search and rescue plan for a passenger ship under Article 9 (1) or fails to keep such plan; |
| 2. | A person who fails to conduct emergency search and rescue training regarding a passenger ship under Article 9 (5); |
| 3. | A person who fails to implement an order for movement and evacuation under Article 10; |
| 4. | A person who fails to file a report under Article 15 (1) 1 and 3 and paragraph (2) of the same Article without good cause or files a false report; |
| 5. | A person who fails to issue notification under Article 18 (2) or fails to provide support when requested to provide assistance to rescue under paragraph (1) of the same Article without good cause; |
| 6. | A person who fails to purchase insurance, etc., in violation of Article 30-9 (1); |
| 7. | A person who fails to give information about whether he or she has purchased insurance, etc. or gives false information without good cause, in violation of Article 30-9 (2). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the head of a rescue headquarters or the head of a fire-fighting government office, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The penalty provisions and administrative fines imposed for acts committed before this Act enters into force shall be governed by the previous provisions.
Article 3 (Relationship to Other Statutes and Regulations)
Where the previous River and Sea Disasters Relief Act or any provision thereof is cited by other statutes and regulations as at the time this Act enters into force, this Act or the relevant provision of this Act shall be deemed cited in lieu of the previous provisions if the corresponding provision exists in this Act.
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. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13440, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 30-2 through 30-9 shall enter into force one year after the date of its promulgation. Article 2 Omitted.
Article 3 (Relationship to Other Statutes and Regulations)
Where the previous River and Sea Disasters Relief Act or any provision thereof is cited by other statutes and regulations as at the time this Act enters into force, this Act or the relevant provision of this Act shall be deemed cited in lieu of the previous provision if the corresponding provision exists in this Act.
ADDENDA <Act No. 13920, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Injuries)
The amended provisions of Articles 29 and 30 (5) shall begin to apply from the first person who is injured or dies after this Act enters into force. Article 3 (Special Cases concerning Persons Eligible for Compensation)
ADDENDA <Act No. 14605, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 14751, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Provision of Medical Treatment)
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. |
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15006, Oct. 31, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15012, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 16156, Dec. 31, 2018>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 19, 30-2, 30-3 (1) 2, and 30-8 shall enter into force on the date of the promulgation thereof.
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.
ADDENDUM <Act No. 16511, Aug. 20, 2019>
This Act shall enter into force three months after the date of its promulgation.