ENFORCEMENT DECREE OF THE SHIP ACT
Wholly Amended by Presidential Decree No. 11143, jun. 10, 1983
Amended by Presidential Decree No. 14447, Dec. 23, 1994
Presidential Decree No. 15135, Aug. 8, 1996
Presidential Decree No. 15379, May 24, 1997
Presidential Decree No. 16573, Oct. 11, 1999
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 20300, Sep. 28, 2007
Presidential Decree No. 20590, Jan. 31, 2008
Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 22195, jun. 10, 2010
Presidential Decree No. 22829, Apr. 4, 2011
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 29795, May 28, 2019
Presidential Decree No. 30106, Oct. 8, 2019
The purpose of this Decree is to prescribe the matters delegated by the Ship Act and matters necessary for the implementation thereof. [This Article Wholly Amended by Presidential Decree No. 20590, Jan. 31, 2008]
| Article 2 (Port of Registry) |
| (1) | The port of registry prescribed in Article 7 (1) of the Ship Act (hereinafter referred to as the "Act") shall be named after the relevant Si/Eup/Myeon. |
| (2) | In order to be a port of registry, a Si/Eup/Myeon shall be adjacent to waters navigable by ships. |
| (3) | The port of registry shall be determined by the domicile of the owner of the relevant ship: Provided, That a Si/Eup/Myeon that is not a shipowner's domicile may be designated as the port of registry in any of the following cases: <Amended by Presidential Decree No. 26922, Jan. 22, 2016> |
| 1. | Where a shipowner not domiciled in the Republic of Korea intends to designate a place in the Republic of Korea as the port of registry; |
| 2. | Where a shipowner's domicile is in a Si/Eup/Myeon away from waters navigable by ships; |
| 4. | In any extenuating circumstance to designate any Si/Eup/Myeon, other than the Si/Eup/Myeon to which a shipowner's domicile belongs, as the port of registry. |
[This Article Wholly Amended by Presidential Decree No. 22195, Jun. 10, 2010]
| Article 2-2 (Registration of Seizure of Small Ships) |
Upon receipt of a request to register the seizure of a small ship prescribed in Article 8-3 of the Act, the administrator of a regional office of oceans and fisheries (including the head of a district office of oceans and fisheries affiliated with the relevant regional office of oceans and fisheries; hereinafter referred to as the "administrator of a regional office") shall record the seizure in the ship register and shall notify the shipowner of such registration without delay. <Amended by Act No. 29795, May 28, 2019> [This Article Wholly Amended by Presidential Decree No. 22195, Jun. 10, 2010]
| Article 3 (Hoisting of National Flag and Exemption from Keeping Certificate of Vessel's Nationality, etc.) |
| (1) | Cases where a ship is permitted to hoist the national flag of the Republic of Korea, without keeping a certificate of vessel's nationality or a certificate of vessel’s nationality (provisional) in the ship, under the proviso to Article 10 of the Act are as follows: |
| 1. | A national holiday or any other day on which a national event is held: Provided, That hoisting the national flag on a national holiday of a foreign country is permitted only when a ship is anchored in the foreign country; |
| 2. | When a ship offers congratulations or condolences in any case other than those referred to in subparagraph 1; |
| 4. | Where any other good ground exists. |
| (2) | Cases where a ship is permitted to sail without keeping a certificate of vessel's nationality or a certificate of vessel’s nationality (provisional) in the ship, under the proviso to Article 10 of the Act, are as follows: |
| 1. | Where it is intended to operate a ship for sea trial; |
| 2. | Where it is intended to measure the gross tonnage of a ship; |
| 4. | Where any other good ground exists. |
[This Article Wholly Amended by Presidential Decree No. 22195, Jun. 10, 2010]
| Articles 4 and 5 Deleted. <by Presidential Decree No. 20590, Jan. 31, 2008> |
| Articles 6 through 9 Deleted. <by Presidential Decree No. 16573, Oct. 11, 1999> |
| Articles 10 and 11 Deleted. <by Presidential Decree No. 20590, Jan. 31, 2008> |
| Article 11-2 (Consultation, etc. on Agency Duties) |
| (1) | Where the Minister of Oceans and Fisheries or the administrator of a regional office intends to 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 under Article 60 (2) of the Ship Safety Act (hereinafter referred to as the "classification society") to vicariously perform duties pursuant to Article 29-2 (1) of the Act, he/she shall determine the scope of such duties and consult with the Authority or the classification society thereon. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 29795, May 28, 2019> |
| (2) | When the Minister of Oceans and Fisheries or the administrator of a regional office requires the Authority or the classification society to perform duties on his or her behalf, as prescribed in paragraph (1) or revokes the agency performance, he/she shall give public notice of such fact. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Matters necessary for the method of verifying how agency duties have been performed by the Authority or the classification society, shall be prescribed by the Minister of Oceans and Fisheries or the administrator of each regional office. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22195, Jun. 10, 2010]
| Article 12 (Delegation of Authority) |
Pursuant to Article 31 of the Act, the Minister of Oceans and Fisheries shall delegate his/her authority over the following matters to the administrator of each regional office: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 29795, May 28, 2019> | 1. | Permitting non-Korean ships to call at closed ports or to transport passengers or cargo between domestic ports under the proviso to Article 6 of the Act; |
| 2. | Measuring international gross tonnages or net tonnages and issuing international tonnage certificates or tonnage certificates under Article 13 of the Act; |
| 3. | Taking measures regarding agency performance, receiving reports on duties related to such measures and agency duties, verifying details of agency duties performed, and taking measures necessary therefor under Article 29-2 of the Act; |
[This Article Wholly Amended by Presidential Decree No. 22195, Jun. 10, 2010]
| Article 12-2 (Processing of Personally Identifiable Information) |
| 2. | Affairs concerning registration of modification (limited to registration of modification of port of registry) in accordance with Article 18 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
| Article 13 (Guidelines for Imposition of Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 22829, Apr. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date specified by Ordinance of the Ministry of Transportation.
Article 2 (Repeal, etc. of Statutes)
| (1) | The Regulations on the Nationality, etc. of Small Ships are hereby repealed. |
| (2) | All certificates of a ship's nationality issued under the Regulations on the Nationality, etc. of Small Ships before this Decree enters into force shall be deemed issued under this Decree. |
Article 3 Omitted.
Article 4 (Transitional Measure concerning Authorization for Sailing)
Authorization granted for sailing under former provisions before this Decree enters into force, shall be deemed provisional permission for sailing granted under the amended provisions of Article 3 (2).
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 15135, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 15379, May 24, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 16573, Oct. 11, 1999>
This Decree shall enter into force on October 16, 1999.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20300, Sep. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 4, 2007.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 20590, Jan. 31, 2008>
This Decree shall enter into force on February 4, 2008. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 22195, Jun. 10, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22829, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Calculation of Building Volume Ratio according to Amendment of the Enforcement Decree of the Building Act)
Article 3 (Applicability concerning Authorization for Changes according to Amendment of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents)
The amended provisions of subparagraph 3 of Article 27 of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, shall apply where a change is made to any of the terms and conditions of authorization for the establishment of an association, after this Decree enters into force.
Article 4 (Transitional Measures concerning Penalty Surcharges or Administrative Fines)
| (1) | The former provisions shall apply to all violations committed before this Decree enters into force, for the purposes of applying the guidelines for the imposition of a penalty surcharge or an administrative fine for such violations. |
| (2) | No penalty surcharge or an administrative fine imposed for a violation committed before this Decree enters into force shall be included in the number of violations committed under the amended provisions of this Decree. |
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on Jan. 25, 2016.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on Mar. 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29795, May 28, 2019>
This Decree shall enter into force on July 1, 2019: Provided, That the amended provisions of Articles 2-2 and 12 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.