ENFORCEMENT DECREE OF THE HARBOR TRANSPORT BUSINESS ACT
Wholly Amended by Presidential Decree No. 15533, Dec. 8, 1997
Amended by Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 16071, Dec. 31, 1998
Presidential Decree No. 16372, May 27, 1999
Presidential Decree No. 18126, Nov. 11, 2003
Presidential Decree No. 20544, Jan. 11, 2008
Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 21002, Sep. 10, 2008
Presidential Decree No. 21878, Dec. 14, 2009
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 23935, Jul. 4, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25638, Sep. 24, 2014
Presidential Decree No. 26134, Mar. 3, 2015
Presidential Decree No. 27094, Apr. 12, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28508, Dec. 26, 2017
Presidential Decree No. 28845, Apr. 30, 2018
The purpose of this Decree is to provide for matters delegated by the Harbor Transport Business Act and those necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 2 (Types of Harbor Transport-Related Business) |
The following are the business activities that can be conducted by the harbor transport-related business defined in Article 2 (4) of the Harbor Transport Business Act (hereinafter referred to as the “Act”) based on their type: <Amended by Presidential Decree No. 28845, Apr. 30, 2018> | 1. | Harbor service business: Engaging in the following business activities: |
| (a) | Relaying communication between the carrying vessel and the harbor using the sampan; |
| (b) | Guarding the carrying vessel and providing a tugboat service to assist in the berthing and unberthing of the carrying vessel; |
| (c) | Such activities as cleaning ships (excluding the cleaning of oil tanks); removing sewage; disinfecting ships; collecting and transporting waste; securing cargo; and painting ships; |
| (d) | Supplying clean water for ships; |
| 2. | Ship chandling business: Business of supplying beverage, foods, consumables, ropes, spare parts, and accessories for repairing, furniture, and other similar chandleries; |
| 3. | Bunker fuel supplying business: Business of supplying fuels for ships; |
| 3-2. | Ship repairing business: Business of repairing, replacing, or painting ship facilities and equipment, such as the hull of a ship and engines; |
| 4. | Container repair business: Business of repairing containers. |
[This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 3 Deleted. <by Presidential Decree No. 16372, May 27, 1999> |
| Article 4 (Criteria for Registration of Harbor Transport Business) |
The criteria for registration of stevedoring services referred to in Article 6 of the Act are as specified in attached Table 1; and the criteria for registration of tallying services, surveying services, and weighing services are as specified in attached Table 2. [This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 5 (Qualifying Examinations of Tallyman) |
| (1) | The qualifying examination (hereinafter referred to as “examination”) for a tallyman, a cargo surveyor, or a weighman referred to in Article 7 of the Act (hereinafter referred to as “tallyman, etc.”) is administered by type. |
| (2) | To administer an examination, the Minister of Oceans and Fisheries shall announce the date, time, and venues for the examination, examination subjects, steps to apply for the examination, and other necessary matters, by not later than 90 days prior to the date of the examination. <Amended by Presidential Decree No. 23759 May 1, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | A person who intends to apply for the examination shall file an application form prescribed by the Minister of Oceans and Fisheries with said Minister. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 6 Deleted. <by Presidential Decree No. 16372, May 27, 1999> |
| Article 7 (Classification of Examination) |
| (1) | The examination shall be conducted as a written examination and an interview. <Amended by Presidential Decree No. 23935, Jul. 4, 2012> |
| (2) | Only a person who has passed a written examination is eligible to apply for an interview. <Amended by Presidential Decree No. 23935, Jul. 4, 2012> |
| (3) | Interviewers shall be at least two persons. <Amended by Presidential Decree No. 23935, Jul. 4, 2012> |
[This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 7-2 (Partial Exemption from Examination) |
A person who has passed a written examination shall be granted a once-only exemption from the next written examination.
[This Article Newly Inserted by Presidential Decree No. 23935, Jul. 4, 2012]
| Article 8 (Examination Subjects) |
Examination subjects are as specified in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 9 (Fail/Pass Criteria) |
The total score for the written examination and the interview is 100 points each; and an applicant must score as prescribed below, to pass the examination and the interview: <Amended by Presidential Decree No. 23935, Jul. 4, 2012>
| 1. | The written examination: The applicant must score at least 40 points in each subject and an average of at least 60 points in all subjects; |
| 2. | The interview: The applicant must score at least 60 points. |
[This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 10 (Issuance of Certificate of Qualification) |
The Minister of Oceans and Fisheries shall issue a certificate of qualification as a tallyman, etc., to a person who has passed the examination in accordance with Article 9, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> [This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 11 (Suspension of Business and Revocation of Registration) |
Criteria for taking administrative measures against harbor transport business operators and operators of harbor transport-related business pursuant to Articles 26 and 26-5 of the Act, are as specified in attached Table 5. [This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 12 (Criteria for Registration of, or Reporting on, Harbor Transport-Related Business) |
The criteria for registration of, and reporting on, harbor transport-related business referred to in Article 26-3 (5) of the Act, are as specified in attached Table 6. <Amended by Presidential Decree No. 28508, Dec. 26, 2017; Presidential Decree No. 28845, Apr. 30, 2018> [This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 13 Deleted. <by Presidential Decree No. 16372, May 27, 1999> |
| Article 14 (Temporary Business Activities in Unregistered Harbor) |
| 1. | No business operator engages in the same business activity within the premises of the relevant harbor, or the business operator engaging in the same business activity is temporarily suspended from business activities due to an administrative measure or other grounds; |
| 2. | Any other business operator within the premises of the relevant harbor is unable to engage in the relevant business activity due to the nature of that business activity. |
| (2) | A harbor transport business operator or an operator of a harbor transport-related business shall file a written statement containing the period, etc., prescribed by Ordinance of the Ministry of Oceans and Fisheries, to report on a temporary business activity pursuant to Article 27-2 of the Act that the operator intends to engage in within the premises of a harbor with which such operator has not been registered. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Every harbor transport business operator or every operator of a harbor transport-related business that has filed a written statement to engage in a temporary business activity within the premises of a harbor with which such operator has not been registered pursuant to Article 27-2 of the Act, shall engage in the business activity as stipulated in the written statement. |
[This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 15 (Establishment of Educational and Training Institutions) |
A person who intends to establish an educational and training institution pursuant to Article 27-4 (1) of the Act shall file an application for approval for establishment, which shall be accompanied by the articles of association and other documents prescribed by Ordinance of the Ministry of Oceans and Fisheries, with the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28508, Dec. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 16 (Education and Training Courses) |
Persons who should undergo education and training at educational and training institutions, the education and training courses to be provided thereat, and the content of the education and training referred to in Article 27-4 (4) of the Act, are as specified in attached Table 7. <Amended by Presidential Decree No. 28508, Dec. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 17 (Apportionment of Operating Expenses of Educational and Training Institutions) |
Expenses to be apportioned among a harbor transport business operator, an operator of harbor transport-related business, and a person who undergoes the relevant education and training pursuant to Article 27-4 (5) of the Act, are as specified in attached Table 8. <Amended by Presidential Decree No. 28508, Dec. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 18 (Operation of Educational and Training Institution) |
| (1) | Every educational and training institution shall submit a business plan and budget bill for the following year, to the Minister of Oceans and Fisheries by not later than November 30 each year, pursuant to Article 27-4 (7) of the Act. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28508, Dec. 26, 2017> |
| (2) | Every educational and training institution shall submit statements of revenue and expenditure of each business year, to the Minister of Oceans and Fisheries by not later than March 31 of the following year, pursuant to Article 27-4 (7) of the Act. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28508, Dec. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 19 (Articles of Association of Educational and Training Institutions) |
The articles of association of each education and training institution referred to in Article 27-4 (7) of the Act, shall contain the following: <Amended by Presidential Decree No. 28508, Dec. 26, 2017> | 3. | Location of its office; |
| 4. | Matters concerning its assets and accounting; |
| 5. | Matters concerning the appointment and dismissal of executives; |
| 6. | Matters concerning general meetings and directors’ meetings; |
| 7. | Matters concerning amending the articles of associations; |
| 8. | Term of existence and grounds for dissolution, if stipulated. |
[This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 20 (Supervision of Educational and Training Institutions) |
Where the Minister of Oceans and Fisheries finds that an educational or training institution has committed any violation or has engaged in any misconduct in relation to its business, assets, or accounting controls pursuant to Article 27-4 (7) of the Act, the Minister may order the educational or training institution to correct such violation or misconduct. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28508, Dec. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Articles 21 through 24 Deleted. <by Presidential Decree No. 16372, May 27, 1999> |
| Article 25 (Imposition and Payment of Penalty Surcharges) |
| (1) | To impose a penalty surcharge on a business operator pursuant to Article 27-6 (1) of the Act, the Minister of Oceans and Fisheries shall give written notice describing the type of the violation and the amount of the penalty surcharge, to the business operator. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | A person in receipt of written notice given under paragraph (1) shall pay a penalty surcharge to any receiving agency prescribed by the Minister of Oceans and Fisheries within 20 days from receipt of the written notice: Provided, That where the person is unable to pay the penalty surcharge within said period due to a natural disaster or other extenuating circumstance, he or she shall pay it within seven days after the date such ground ceases to exist. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Every receiving agency that has received a penalty surcharge under paragraph (2), shall issue a receipt to each payer. |
| (4) | Upon having received a penalty surcharge under paragraph (2), every receiving agency shall immediately notify the Minister of Oceans and Fisheries of such facts. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (5) | No penalty surcharge shall be paid in installments. |
[This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 26 (Types of Violations Subject to Penalty Surcharges and Amounts of Penalty Surcharges) |
Types of violations subject to a penalty surcharge provided for in Article 27-6 (2) of the Act, and the amount of the penalty surcharge based upon the severity of a violation, are as specified in attached Table 9. [This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 26-2 (Composition of Committees for Supply and Demand Control of Harbor Workers) |
| (1) | “Person prescribed by Presidential Decree” in Article 27-7 (1) of the Act, means a person designated by the Administrator of the Regional Office of Oceans and Fisheries, Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) having jurisdiction over the relevant harbor from among public officials who perform duties related to the supply and demand control of persons engaging in harbor transport business. |
| (2) | A committee for supply and demand control of harbor workers established under Article 27-7 (1) of the Act (hereinafter referred to as “supply and demand control committee”) shall be comprised of seven members, including one chairperson, who shall be elected from among its members. |
| (3) | The following persons shall be the members of the supply and demand control committee: |
| 1. | Three persons recommended by an organization of harbor transport business entities operating in the relevant harbor: Provided, That such three persons shall be recommended through mutual consultation, if there are two or more organizations of harbor transport business entities; |
| 2. | Three persons recommended by an organization of persons who are employed by, or provide services to, harbor transport business entities operating in the relevant harbor (only applicable where more than a half of members of such persons is employed by, or provides services to, harbor transport business entities operating in the relevant harbor. The same shall apply hereafter in this Article and Article 26-5): Provided, That such three persons shall be recommended through mutual consultation, if there are two or more organizations of harbor transport business entities |
| 3. | One person prescribed in paragraph (1). |
[This Article Newly Inserted by Presidential Decree No. 28508, Dec. 26, 2017]
| Article 26-3 (Operation of Supply and Demand Control Committee) |
| (1) | The chairperson of a supply and demand control committee shall represent the supply and demand control committee and exercise general supervision over the affairs thereof. |
| (2) | A meeting of the supply demand and control committee shall be called, if the chairperson deems it necessary or if requested by more than a half of the committee members. |
| (3) | A quorum for a meeting of the supply demand and control committee shall consist of at least 2/3 of the committee members, and decisions of the committee shall be made by the concurring votes of at least 2/3 of the members present. |
| (4) | Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for operating a supply demand and control committee shall be determined by the chairperson of the supply demand and control committee by a resolution of the committee. |
[This Article Newly Inserted by Presidential Decree No. 28508, Dec. 26, 2017]
| Article 26-4 (Matters Subject to Deliberation by Supply and Demand Control Committee) |
A supply and demand control committee shall deliberate and decide on the following matters:
| 1. | Calculating an appropriate number of works necessary for harbor transport business; |
| 2. | Personnel management, including hiring criteria for harbor transportation workers and education and training for them; |
| 3. | Other matters referred to the committee by the chairperson of the supply and demand control committee as deemed necessary for ensuring the smooth supply and demand control of and efficiently managing harbor transportation workers. |
[This Article Newly Inserted by Presidential Decree No. 28508, Dec. 26, 2017]
| Article 26-5 (Composition of Committee for Resolution of Harbor Transport Disputes) |
| (1) | “Person prescribed by Presidential Decree” in Article 27-8 (1) of the Act, means a person designated by the Administrator of the Regional Office of Oceans and Fisheries or the Mayor/Do Governor having jurisdiction over the relevant harbor from among public officials who perform duties related to disputes harbor transport business. |
| (2) | A committee for resolution of harbor transport disputes established under Article 27-8 (1) of the Act (hereinafter referred to as “dispute resolution control committee”) shall be comprised of seven members, including one chairperson, who shall be elected from among its members. |
| (3) | The following persons shall be the members of the dispute resolution control committee: |
| 1. | Three persons recommended by an organization of harbor transport business entities operating in the relevant harbor: Provided, That such three persons shall be recommended through mutual consultation, if there are two or more organizations of harbor transport business entities; |
| 2. | Three persons recommended by an organization of persons who are employed by, or provide services to, harbor transport business entities operating in the relevant harbor: Provided, That such three persons shall be recommended through mutual consultation, if there are two or more organizations of harbor transport business entities; |
| 3. | One person prescribed in paragraph (1). |
[This Article Newly Inserted by Presidential Decree No. 28508, Dec. 26, 2017]
| Article 26-6 (Operation of Dispute Resolution Committee) |
| (1) | The chairperson of a dispute resolution committee shall represent the dispute resolution committee and exercise general supervision over the affairs thereof. |
| (2) | A meeting of the dispute resolution committee shall be called, if the chairperson deems it necessary or if requested by more than a half of the committee members. |
| (3) | A quorum for a meeting of the dispute resolution committee shall consist of at least 2/3 of the committee members, and decisions of the committee shall be made by the concurring votes of at least 2/3 of the members present. |
| (4) | Disputing parties may attend a meeting of the dispute resolution committee to make statements or may submit relevant materials or documents to the committee. |
| (5) | Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for operating a dispute resolution committee shall be determined by the chairperson of the dispute resolution committee by a resolution of the committee. |
[This Article Newly Inserted by Presidential Decree No. 28508, Dec. 26, 2017]
| Article 26-7 (Matters Subject to Deliberation by Dispute Resolution Committee) |
A dispute resolution committee shall deliberate and decide on the following:
| 1. | Resolving labor-management disputes arising relating to harbor transportation; |
| 2. | Other matters referred to the committee by the chairperson of the dispute resolution committee as deemed necessary for such purposes as preventing disputes arising relating to harbor transportation. |
[This Article Newly Inserted by Presidential Decree No. 28508, Dec. 26, 2017]
| Article 27 (Delegation and Entrustment of Authority) |
| (1) | In accordance with Article 29 (1) of the Act, the Minister of Oceans and Fisheries shall delegate the authority over the following affairs in the national trade ports referred to in Article 3 (2) 1 of the Harbor Act and harbors, the waters of which are designated and prescribed by Ordinance of the Ministry of Oceans and Fisheries under Article 2 (3) 2 of the Act, to the head of a regional Office of Oceans and Fisheries: Provided, That excluded herefrom is the authority over the surveying services and weighing services: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28508, Dec. 26, 2017; Presidential Decree No. 28845, Apr. 30, 2018> |
| 2. | Receiving applications for registration of harbor transport business and issuing certificates of registration under Article 5 of the Act; |
| 3. | Relaxing the criteria for registration of limited stevedoring services under the proviso to Article 6 of the Act; |
| 4. | Issuing certificates of qualification as a tallyman under Article 10; |
| 5. | Granting approval of freight charges and fees set by stevedoring service providers and of changes to said charges and fees; accepting reports on freight charges and fees and on changes thereto; accepting reports on fees set by tallying service providers and on changes thereto; and issuing orders to change and adjust freight charges and fees under Article 10 of the Act; |
| 6-2. | Registering harbor transport-related business; and accepting reports on ship chandling business, documents, such as applications for registration to conduct harbor transport-related business, and reports on modifications of business plans to conduct bunker fuel supplying business under Article 26-3 of the Act; |
| 6-3. | Revoking registrations of harbor transport-related business or issuing suspension orders under Article 26-5 of the Act; |
| 6-4. | Accepting reports to temporarily engage in business activities in unregistered harbors under Article 27-2 of the Act; |
| 6-5. | Forbidding persons who fail to undergo the required education and training from engaging in harbor transport business or harbor transport-related business; |
| 7. | Imposing and collecting penalty surcharges from harbor transport business operators or operators of harbor transport-related business under Article 27-6 of the Act; |
| (2) | In accordance with Article 29 (1) of the Act, the Minister of Oceans and Fisheries shall delegate the authority over the following affairs in the regional trade ports referred to in Article 3 (2) 2 of the Harbor Act to each Mayor/Do Governor: Provided, That excluded herefrom is the authority over the surveying services and weighing services: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28508, Dec. 26, 2017; Presidential Decree No. 28845, Apr. 30, 2018> |
| 2. | Receiving applications for registration of harbor transport business and issuing certificates of registration under Article 5 of the Act; |
| 3. | Relaxing the criteria for registration of limited stevedoring services under the proviso to Article 6 of the Act; |
| 4. | Granting approval of freight charges and fees set by stevedoring service providers and of changes to said charges and fees; accepting reports on freight charges and fees and on changes thereto; accepting reports on fees set by tallying service providers and on changes thereto; and issuing orders to change and adjust freight charges and fees under Article 10 of the Act; |
| 6. | Registering harbor transport-related business; and accepting reports on ship chandling business, documents, such as applications for registration to conduct harbor transport-related business, and reports on modifications of business plans to conduct bunker fuel supplying business under Article 26-3 of the Act; |
| 7. | Revoking registration of harbor transport-related business or issuing suspension orders under Article 26-5 of the Act; |
| 8-2. | Forbidding persons who fail to undergo the required education and training from engaging in harbor transport business or harbor transport-related business under Article 27-3 (2) of the Act; |
| 9. | Imposing and collecting penalty surcharges from harbor transport business operators or operators of harbor transport-related business under Article 27-6 of the Act; |
| (4) | In accordance with Article 29 (2) of the Act, the Minister of Oceans and Fisheries shall entrust the affairs for the registration of tallymen, etc. to the Association of Korean Tallying and Survey Firms established under Article 32 of the Civil Act with the permission of the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21878, Dec. 14, 2009]
| Article 27-2 (Processing of Personally Identifiable Information) |
The Minister of Oceans and Fisheries (including persons to whom the authority or duties of the Minister of Oceans and Fisheries is entrusted or delegated pursuant to Article 27) may process data containing a resident registration number referred to in paragraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if necessary to perform the following duties: <Amended by Presidential Decree No. 28508, Dec. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
| Article 28 (Re-Examination of Regulation) |
The Minister of Oceans and Fisheries shall examine the appropriateness of the criteria for registration of, and reporting on, harbor transport-related business provided for in Article 12 and attached Table 6 every three years, beginning on January 1, 2014 (referring to the period ending before every third anniversary from January 1), and shall take measures, such as making improvements. [This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 29 (Criteria for Imposition of Administrative Fines) |
[This Article Newly Inserted by Presidential Decree No. 25638, Sep. 24, 2014]
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Surcharges) The former provisions shall govern the imposition of penalty surcharges for violations committed before this Decree enters into force. |
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 16071, Dec. 31, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 16372, May 27, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18126, Nov. 11, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20544, Jan. 11, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 20, 2008. (Proviso Omitted.)
Articles 2 through 5 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: Provided, That any amendment of a Presidential Decree made under Article 6 of this Addenda, which is promulgated before this Decree comes into force, but the date it enters into force has yet to arrive, shall enter into force on the date the Presidential Decree enters into force.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21002, Sep. 10, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amended Article 27 shall enter into force on January 1, 2009. Article 2 (Transitional Measures concerning Administrative Measures and Penalty Surcharges)
The former provisions shall govern an administrative measure taken, or a penalty surcharge imposed, for a violation committed before this Decree enters into force, notwithstanding amended attached Tables 5 and 9.
ADDENDA <Presidential Decree No. 21878, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 31, 2009.
Article 2 (Transitional Measures Following Delegation of Authority to Mayors/Do Governors in Regional Trade Ports)
| (1) | Any conduct that the head of a Regional Office of Oceans and Fisheries has been engaged in at any regional trade port in relation to the affairs provided for in the subparagraphs of Article 27 (2), as at the time this Decree enters into force, shall be governed by the former provisions, notwithstanding amended Article 27 (2). |
| (2) | Any conduct that the head of a Regional Office of Oceans and Fisheries has engaged in at any regional trade port in relation to the affairs provided for in the subparagraphs of Article 27 (2) and pursuant to paragraph (1) as at the time this Decree enters into force, shall be deemed conduct engaged in by Mayor/Do Governor under this Decree. |
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcements of Examinations)
The provisions of this Decree, which amends the deadline for making a public announcement of an examination, etc., shall begin to apply from the examination to be administered on or after January 1, 2013.
ADDENDA <Presidential Decree No. 23935, Jul. 4, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Examinations)
Amended Articles 7, 7-2, and 9 shall begin to apply from the first examination to be publicly announced after this Decree enters into force. Article 3 (Transitional Measures concerning Registration of General Stevedoring Services)
| (1) | Procedures for registering the general stevedoring service, which are undergoing in compliance with the criteria for registration of Class 3 harbors, in the Pyeongtaek-Dangjin Port as at the time this Decree enters into force, shall be governed by the former provisions, notwithstanding amended attached Table 1. |
| (2) | A person registered to provide general stevedoring services in Class 3 harbors in the Pyeongtaek-Dangjin Port (including a person registered to provide general stevedoring services in the Pyeongtaek-Dangjin Port under paragraph (1)) before this Decree enters into force shall be deemed registered to provide general stevedoring services in Class 2 harbors under amended attached Table 2: Provided, That the person shall satisfy the criteria for registration of general stevedoring services in Class 2 harbors within one year after this Decree enters into force. |
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.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25638, Sep. 24, 2014>
This Decree shall enter into force on September 25, 2014.
ADDENDA <Presidential Decree No. 26134, Mar. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Criteria for Oilers)
| (1) | A person registered to engage in ship refueling business pursuant to the former provisions before this Decree enters into force shall meet the criteria provided for in amended subparagraph 5-2 (b) of Remarks in attached Table 6, within the following classified period: |
| 1. | An oiler with a total tonnage of at least 50 tons: One year after this Decree enters into force; |
| 2. | An oiler with a total tonnage of less than 50 tons: Two years after this Decree enters into force. |
| (2) | A person registered to conduct the ship refueling business pursuant to the former provisions before this Decree enters into force shall meet the criteria provided for in amended subparagraph 5-2 (c) of Remarks in attached Table 6 within the period classified below: |
| 1. | An oiler with a total tonnage of at least 100 tons: One year after this Decree enters into force; |
| 2. | An oiler with a total tonnage of less than 100 tons: Two years after this Decree enters into force. |
ADDENDA <Presidential Decree No. 27094, Apr. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Tanker Trucks)
Any tanker truck being used to provide fuel oil to vessels, by a person registered to conduct the ship refueling business before this Decree enters into force shall satisfy the criteria for tanker trucks among the criteria for registration of the ship refueling business by the day one year and six months after the date this Decree enters into force.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28508, Dec. 26, 2017>
This Decree shall enter into force on December 28, 2017.
ADDENDA <Presidential Decree No. 28845, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018.
Article 2 (Applicability to Penalty Surcharges)
The criteria for imposing penalty surcharges under the amended provisions of attached Table 9 shall begin to apply to any violation committed after this Decree enters into force.
Article 3 (Transitional Measures concerning Registration of Ship Repairing Business)
Notwithstanding the amended provisions of attached Table 6, a person who have had a toolshed or factory and engaged in ship repairing business as at the time this Decree enters into force shall be deemed to have met the criteria for registration of ship repairing business not later than six months from the enforcement date of this Decree.
Article 4 Omitted.