FRAMEWORK ACT ON LOGISTICS POLICIES
Wholly Amended by Act No. 8617, Aug. 3, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9445, Feb. 6, 2009
Act No. 9772, jun. 9, 2009
Act No. 10303, May 17, 2010
Act No. 10339, jun. 4, 2010
Act No. 11461, jun. 1, 2012
Act No. 11473, jun. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12017, Aug. 6, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13374, jun. 22, 2015
Act No. 14116, Mar. 29, 2016
Act No. 14541, Jan. 17, 2017
Act No. 14714, Mar. 21, 2017
Act No. 14839, Jul. 26, 2017
Act No. 14939, Oct. 24, 2017
Act No. 15677, jun. 12, 2018
Act No. 15729, Aug. 14, 2018
Act No. 15780, Sep. 18, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the development of the national economy by prescribing fundamental matters concerning the formulation and execution of and the support for the policies and plans for logistics in Korea and overseas for greater efficiency in the logistics system, the strengthening of competitive power of the logistics industry and greater advancement and internationalization of logistics.
| (1) | The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11473, Jun. 1, 2012; Act No. 13374, Jun. 22, 2015> |
| 1. | The term "logistics" means transport, storage, loading and unloading, etc., carried out in the process of delivery of goods procured or manufactured, from suppliers to users or in the process of collection of goods from consumers until disused, and processing, fabrication, classification, repair, packing, labelling, sale, information and communications, etc. adding values thereto; |
| 2. | The term "logistics business" means the following business conducting business of doing logistics activities for a consideration on demand of shippers: |
| (a) | Forwarding business transporting goods through means of transport, such as automobile, rolling stock, ship, aircraft, or pipeline; |
| (b) | Logistics facilities operating business operating logistics facilities, such as logistics terminals or warehouses; |
| (c) | Logistics service business performing affairs of mediation of goods transport, lease of logistics equipment, processing of logistics information or logistics consulting, etc.; |
| (d) | General logistics service business conducting logistics business referred to in items (a) through (c) in a comprehensive and complex manner; |
| 3. | The term "logistics system" means an interconnected aggregate so that facilities, equipment, information, organization, human resources, etc. may fulfill their functions organically for efficient logistics activities; |
| 4. | The term "logistics facilities" means the following facilities necessary for logistics: |
| (a) | Facilities required for transport, storage, and loading and unloading of goods; |
| (b) | Facilities for processing, fabrication, classification, repair, packing, labelling, sale, information and communications, etc. in addition to transport, storage and loading and unloading of goods; |
| (c) | Facilities for collaboration in, and automation and informatization of, logistics; |
| (d) | Logistics terminals and logistics complexes in which facilities under items (a) through (c) are combined; |
| 7. | The term "standardization of logistics" means to consolidate the matters of the following items into standards for logistics and simplify them for smooth logistics: |
| (a) | Kind, shape, size and structure of facilities and equipment; |
| (b) | Kind, shape, size, structure and method of packing; |
| (c) | Matters necessary for improving efficiency of the logistics system, such as terminology of logistics, accounting of logistics and electronic documents related to logistics; |
| 8. | The term "logistics information network by unit" means a series of logistics information systems connecting the relevant administrative agencies, logistics enterprises and their customers by function or by region; |
| 9. | Deleted; <by Act No. 11473, Jun. 1, 2012> |
| 10. | The term "logistics of the third party" means where a shipper entrusts the whole or part of logistics activities to a logistics enterprise which has no special relation prescribed by Presidential Decree with him/her; |
| 11. | The term "international logistics brokerage business" means business mediating logistics of importing and exporting goods by making use of logistics facilities, equipment, etc. of others in his/her own name and by his/her calculation at the request of others; |
| 12. | The term "logistics administrator" means a person who has specialized knowledge about the administration of logistics and has acquired the qualifications under Article 51; |
| 13. | The term "logistics security" means measures to prevent in advance any acts concealing or carrying dangerous articles, such as explosives and weapons, into an airport, port and logistics facilities and any illegal acts committed in order to cause damage to facilities, equipment, human resources, organizations, information networks, cargo, etc. necessary for logistics; |
| 14. | The term "national logistics informatization project" means a logistics informatization project where the State, a local government or a logistics-related institution referred to in Article 22 produces, collects, processes, accumulates, connects and utilizes logistics-related information using information and communications technology and information processing technology. |
| (2) | The specific scope of each logistics business under paragraph (1) 2 shall be prescribed by Presidential Decree. |
The basic principles of logistics policies under this Act are to develop the logistics industry systematically by promoting prompt, punctual, convenient and safe logistics activities and integrating the policies of the government related to logistics interconnecting harmoniously in recognition that logistics is an important driving force of national economic activities.
| Article 4 (Duties of State and Local Governments) |
| (1) | The State shall formulate and execute the policies and plans related to logistics of the whole country to facilitate the logistics activities and enhance efficiency of the logistics system. |
| (2) | The State shall foster the logistics industry so that it can develop soundly and evenly. |
| (3) | A local government shall formulate and execute the policies and plans for regional logistics in consideration of the characteristics of each region in harmony with the policies and plans for national logistics. |
| Article 5 (Duties of Logistics Enterprises and Shippers) |
Logistics enterprises and shippers shall endeavor to facilitate distribution business and promote the efficiency of the logistics system, and collaborate in formulation and execution of the policies and plans for logistics of the State or a local government.
| Article 6 (Relationship to other Acts) |
| (1) | Where other Acts concerning logistics are enacted or amended, they shall be enacted or amended to comply with the objectives of this Act and the basic principles of the policies for logistics. |
| (2) | Matters concerning the development and operation of logistics facilities and management and fosterage of logistics business other than matters prescribed by this Act shall be prescribed separately by other Acts. |
CHAPTER II SYNTHESIS AND COORDINATION OF LOGISTICS POLICIES
SECTION 1 Investigation into Current Status of Logistics
| Article 7 (Investigation into Current Status of Logistics) |
| (1) | When it is deemed necessary for the formulation or amendment of policies or plans for logistics, the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may investigate the current status of the volume of materials in transit and the route of movement, the current status and actual conditions of logistics facilities and equipment, the current status of human resources engaged in logistics and the logistics system, distribution expenses, and the current status of the logistics industry and international logistics, etc. after holding consultation with heads of the relevant administrative agencies. In such cases, an investigation shall be conducted so as not to overlap with the national investigation into traffic volume under Article 12 of the National Transport System Efficiency Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9772, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may request the submission of materials necessary for an investigation under paragraph (1) (hereinafter referred to as "investigation into the current status of logistics") or direct investigation into any part thereof to the following persons. In such cases, those who receive the request for collaboration shall comply therewith, unless there are any extenuating circumstances: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| 1. | The head of the relevant central administrative agency; |
| 2. | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and the Governor of a Special Self-Governing Province (hereinafter referred to as a "Mayor/Do Governor"); |
| 3. | Logistics enterprises, and enterprises, organizations, etc. supported under this Act. |
| (3) | The Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may, if necessary for efficient investigation into the current status of logistics, have a specialized agency make an investigation into the whole or part of the current status of logistics. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may establish logistics indexes for distribution expenses, etc. according to the results of investigation into the current status of logistics and utilize them for the formulation and evaluation of logistics policies. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 8 (Guide to Investigation into Current Status of Logistics) |
| (1) | Where the Minister of Land, Infrastructure and Transport requests investigation into the current status of logistics pursuant to Article 7 (2), he/she may prepare and notify a guide to investigation on the time, kinds and methods, etc. of investigation for the efficient investigation into the current status of logistics as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to prepare a guide under paragraph (1), he/she shall consult with the heads of the relevant central administrative agencies in advance. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 9 (Investigation into Current Status of Regional Logistics) |
| (1) | A Mayor/Do Governor may, when necessary for formulating or changing of the policies and plans for the regional logistics, investigate the current status of the volume of materials in transit, the route of movement, the current status of logistics facilities and equipment and the actual conditions of their utilization, the current status of the logistics industry, etc. of the relevant administrative district. In such cases, an investigation shall be conducted so as not to overlap with the national investigation into traffic volume under Article 12 of the National Transport System Efficiency Act. <Amended by Act No. 9772, Jun. 9, 2009> |
| (2) | A Mayor/Do Governor may request the head of a Si/Gun/Gu (hereinafter referred to as the "head of a Si/Gun/Gu") under his/her jurisdiction (referring to Si/Gun/Gu which is a local government: hereinafter referred to as "Si/Gun/Gu"), logistics enterprises, and enterprises, organizations, etc. supported under this Act to submit materials necessary for an investigation under paragraph (1) (hereinafter referred to as "investigation into the current status of the regional logistics") or to directly investigate any part thereof. In such cases, those who receive a request for collaboration shall comply therewith, unless there are any extenuating circumstances. |
| (3) | A Mayor/Do Governor may, if necessary for the efficient implementation of investigation into the current status of the regional logistics, have a specialized agency implement the whole or part of investigation into the current status of the regional logistics. |
| (4) | A Mayor/Do Governor may, when requesting investigation into the current status of regional logistics pursuant to paragraph (2), prepare and provide guidance on investigation on the time, kinds and methods, etc. for the efficient investigation into the current status of the regional logistics, as prescribed by ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do and Special Self-Governing Province (hereinafter referred to as "City/Do"). <Amended by Act No. 12017, Aug. 6, 2013> |
| Article 10 (Requests for Measures for Improvement of Logistics) |
| (1) | The Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may, when he/she deems that demand for logistics is biased toward specific logistics facilities or specific means of transport and this impairs efficient operation of the logistics system, or any logistics policies or plans established by the head of the relevant central administrative agency or the relevant Mayor/Do Governor are in violation of the master plan for national logistics formulated under Article 11 (hereinafter referred to as "master plan for national logistics"), request the head of the relevant central administrative agency or the relevant Mayor/Do Governor to take measures for improvement thereof. In such cases, the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries shall consult in advance with the head of the relevant central administrative agency or the relevant Mayor/Do Governor on measures for improvement. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The head of the relevant administrative agency or the relevant Mayor/Do Governor who has been requested to take measures for improvement pursuant to paragraph (1) shall take measures for improvement thereof, unless special circumstances dictate otherwise. |
| (3) | Where the head of the relevant central administrative agency or the relevant Mayor/Do Governor has an objection to the request for measures for improvement under paragraph (1), he/she may request the National Logistics Policies Committee under Article 17 (hereinafter referred to as "National Logistics Policies Committee") to make a coordination thereof. |
SECTION 2 Formulation and Execution of Plan for Logistics
| Article 11 (Formulation of Master Plan for National Logistics) |
| (1) | The Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries shall jointly formulate, every five years, a ten-year master plan for national logistics setting basic directions for national logistics policies. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9445, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| (2) | The following shall be included in a master plan for national logistics: <Amended by Act No. 11473, Jun. 1, 2012; Act No. 12017, Aug. 6, 2013> |
| 1. | Changes and prospects of circumstances of logistics in Korea and overseas; |
| 2. | Objectives, strategies and promotion plans of the national logistics policies for each step; |
| 2-2. | Matters concerning national logistics informatization projects; |
| 3. | Matters concerning logistics policies by function, such as transport, storage, loading and unloading, packing, etc. and the synthesis and coordination of logistics policies by means of transport, such as road, railroad, marine transportation and aviation, etc.; |
| 4. | Matters concerning the order of priority of supply and demand, disposition of and investment in logistics facilities and equipment; |
| 5. | Matters concerning construction and improvement of the connected logistics system; |
| 6. | Matters concerning the improvement of the efficiency of logistics system, such as standardization of and cooperation in logistics; |
| 6-2. | Matters concerning logistics security; |
| 7. | Matters concerning strengthening competitiveness of the logistics industry; |
| 8. | Matters concerning training of human resources for logistics and development of logistics techniques; |
| 9. | Matters concerning promotion of and support for the international logistics; |
| 9-2. | Matters concerning promotion of and support for eco-friendly logistics activities; |
| 10. | Other matters necessary for the improvement of the logistics system. |
| (3) | The Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries may request submission of basic materials for the formulation or amendment of a master plan for national logistics to the following persons. In such cases, those who receive such request shall comply therewith, unless there are any extenuating circumstances: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | The head of the relevant central administrative agency; |
| 3. | Logistics enterprises, and enterprises and organizations supported under this Act. |
| (4) | The Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries shall, if he/she formulates a master plan for national logistics or intends to amend important matters prescribed by Presidential Decree, consult with the heads of the relevant central administrative agencies and the relevant Mayors/Do Governors, and then submit it to the National Logistics Policies Committee for deliberation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (5) | The Minister of Land, Infrastructure and Transport shall, when he/she formulates or amends a master plan for national logistics, publish such plan in the Official Gazette and notify the heads of the relevant central administrative agencies and the relevant Mayors/Do Governors thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 12 (Relationship to other Plans) |
| (2) | Master plans for national logistics shall take precedence over any plan for logistics formulated by other statutes and shall be the basis of such plan. |
| Article 13 (Formulation of Annual Execution Plan) |
| (1) | The Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries shall jointly formulate, every year, an annual execution plan (hereinafter referred to as "annual execution plan") in order to execute a master plan for national logistics. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9445, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| (2) | Article 11 (3) shall apply mutatis mutandis to the request for presentation of materials for formulation and amendment of an annual execution plan. |
| (3) | Matters necessary for the formulation and execution of an annual execution plan shall be prescribed by Presidential Decree. |
| Article 14 (Formulation of Master Plan for Regional Logistics) |
| (1) | The Special Metropolitan City Mayor and Metropolitan City Mayors shall formulate, every five years, a ten-year master plan for regional logistics setting basic directions for regional logistics policies. |
| (2) | The Special Self-Governing Mayor, a Do Governor, and the Governor of a Special Self-Governing Province may, if necessary for the better efficiency of a regional logistics system, formulate a master plan for regional logistics under paragraph (1). <Amended by Act No. 12017, Aug. 6, 2013> |
| (3) | A master plan for regional logistics shall not run counter to a master plan for national logistics and shall include the following: <Amended by Act No. 12017, Aug. 6, 2013> |
| 1. | Changes in and prospects of regional logistics circumstances; |
| 2. | Objectives, strategies, promotion plans of the regional logistics policies by steps; |
| 3. | Matters concerning regional logistics policies of logistics by function, such as transport, storage, loading and unloading, packing, etc. and the regional logistics policies by means of transportation, such as road, railroad, marine transportation, aviation, etc.; |
| 4. | Matters concerning the order of priority of supply and demand, disposition of and investment in logistics facilities and equipment in the region; |
| 5. | Matters concerning construction and improvement of the connected logistics system in the region; |
| 6. | Matters concerning greater efficiency in the logistics system, such as collaboration in and informatization, etc. of logistics in the region; |
| 7. | Matters concerning strengthening competitiveness of the regional logistics industry; |
| 8. | Matters concerning training for human resources for the regional logistics and development and diffusion of logistics techniques; |
| 9. | Matters concerning promotion of and support for the international logistics at the regional level; |
| 9-2. | Matters concerning promotion of and support for eco-friendly logistics activities in the region; |
| 10. | Other matters necessary the improvement of the regional logistics system. |
| (4) | The Minister of Land, Infrastructure and Transport shall prepare a guide to the methods of and standards, etc. for the formulation of a master plan for regional logistics under paragraph (1) and notify the Special Metropolitan City Mayor and Metropolitan City Mayors (including the Special Self-Governing Mayor, Do Governors, and the Governors of Special Self-Governing Provinces who formulate a master plan for regional logistics pursuant to paragraph (2); hereafter the same shall apply in Articles 15 and 16) thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| Article 15 (Procedures for Formulation of Master Plan for Regional Logistics) |
| (1) | The Special Metropolitan City Mayor and a Metropolitan City Mayor may request submission of basic materials for the formulation or amendment of a master plan for regional logistics to the following persons. In such cases, those who receive such request shall comply therewith, unless there are any extenuating circumstances: |
| 1. | The Mayor/Do Governor of a neighboring City/Do; |
| 2. | The head of a Si/Gun/Gu under his/her jurisdiction; |
| 3. | Enterprises, organizations, etc. supported by the relevant City/Do under this Act. |
| (2) | Where the Special Metropolitan City Mayor and a Metropolitan City Mayor formulate a master plan for regional logistics or intend to amend important matters prescribed by Presidential Decree, they shall consult with the Mayor/Do Governor of a City/Do adjacent to the relevant City/Do and shall obtain approval from the Minister of Land, Infrastructure and Transport, after deliberation by the relevant regional logistics policies committee referred to in Article 20. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The Special Metropolitan City Mayor and a Metropolitan City Mayor shall, when they formulate or amend a master plan for regional logistics, publicly announce such fact and notify the Mayor/Do Governor of a neighboring City/Do, the head of a Si/Gun/Gu under their jurisdiction, and enterprises and organizations, etc. supported by the relevant City/Do under this Act thereof. |
| (4) | When the Minister of Land, Infrastructure and Transport intends to approve a master plan for regional logistics, he/she shall consult with the head of the relevant central administrative agency and then refer it to the relevant subcommittee on logistics policies under Article 19 (1) 1 for deliberation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 16 (Formulation of Annual Execution Plan of Master Plan for Regional Logistics) |
| (1) | The Special Metropolitan City Mayor and Metropolitan City Mayors who have formulated a master plan for regional logistics shall formulate an annual execution plan (hereinafter referred to as an "execution plan for regional logistics") every year to execute such plan. |
| (2) | Article 15 (1) shall apply mutatis mutandis to the request, etc. for presentation of materials for the formulation and amendment of an execution plan for regional logistics. |
| (3) | Matters necessary for the formulation and execution of an execution plan for regional logistics shall be prescribed by Presidential Decree. |
SECTION 3 Logistics Policies Committee
| Article 17 (Establishment of National Logistics Policies Committee and Its Functions, etc.) |
| (1) | There shall be established a National Logistics Policies Committee under the jurisdiction of the Minister of Land, Infrastructure and Transport to deliberate on important matters concerning national logistics policies. <Amended by Act No. 9445, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| (2) | The National Logistics Policies Committee shall deliberate upon and coordinate the following matters: <Amended by Act No. 11473, Jun. 1, 2012> |
| 1. | Matters on important policies concerning the greater efficiency of the national logistics system; |
| 2. | Matters concerning the formulation of plans for the comprehensive development of logistics facilities; |
| 3. | Matters on important policies concerning the fosterage and development of the logistics industry; |
3-2 Important matters of policies concerning logistics security;
| 4. | Matters on important policies concerning the promotion of and support for international logistics; |
| 5. | Matters prescribed by this Act or other Acts, subject to deliberation of the National Logistics Policies Committee; |
| 6. | Other matters presented to a meeting by the chairman as important matters concerning the national logistics system and the logistics industry. |
| Article 18 (Organization, etc. of National Logistics Policies Committee) |
| (1) | The National Logistics Policies Committee shall be comprised of not more than 23 members, including the chairperson. <Amended by Act No. 9445, Feb. 6, 2009; Act No. 11473, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall serve as chairperson of the National Logistics Policies Committee, and the following persons shall serve as its members: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9445, Feb. 6, 2009; Act No. 10339, Jun. 4, 2010; Act No. 11473, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Each one person appointed by the head of the relevant administrative agency, from among public officials of the Ministry of Strategy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Foreign Affairs, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Employment and Labor, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Ministry of SMEs and Startups, the National Intelligence Service, the Korea Customs Service, and the Small and Medium Business Administration, who are members of the Senior Executive Service or the equivalent; |
| 2. | Not more than ten persons commissioned by the chairperson, from among persons with expertise and substantial experience in a logistics-related field. |
| (3) | A secretary shall be assigned to the National Logistics Policies Committee in order to deal with administrative affairs, who shall be designated by the chairperson from among public officials of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 9445, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| (4) | The term of office of members who are not public officials shall be two years and may be reappointed consecutively. |
| (5) | Expert advisors may be assigned to the National Logistics Policies Committee to investigate and research important matters concerning logistics policies as prescribed by Presidential Decree. |
| (6) | Matters necessary for the composition and operation of the National Logistics Policies Committee, other than matters set forth in paragraphs (1) through (5), shall be prescribed by Presidential Decree. |
| Article 19 (Subcommittees) |
| (1) | The following subcommittees may be organized to efficiently promote affairs of the National Logistics Policies Committee: |
| 1. | Subcommittee on logistics policies; |
| 2. | Subcommittee on logistics facilities; |
| 3. | Subcommittee on international logistics. |
| (2) | Each subcommittee shall deliberate upon and coordinate the following matters according to its jurisdiction: |
| 1. | Matters which require pre-examination as matters to be deliberated upon and coordinated in the National Logistics Policies Committee; |
| 2. | Matters delegated by the National Logistics policies Committee; |
| 3. | Matters prescribed by this Act or other Acts to go through the deliberation and coordination of a subcommittee. |
| (3) | Where a subcommittee has deliberated upon and coordinated the matters under paragraph (2) 2 and 3, the deliberation and coordination of the subcommittee shall be deemed deliberation and coordination by the National Logistics Policies Committee. |
| (4) | Matters necessary for the composition and operation of subcommittees other than the matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 20 (Regional Logistics Policies Committee) |
| (1) | There is hereby established a regional logistics policies committee under the jurisdiction of a Mayor/Do Governor to deliberate upon important matters concerning regional logistics policies. |
| (2) | Matters necessary for the composition and operation of the regional logistics policies committee shall be prescribed by Presidential Decree. |
CHAPTER III GREATER EFFICIENCY OF LOGISTICS SYSTEM
SECTION 1 Expansion of Logistics Facilities and Equipment
| Article 21 (Expansion of Logistics Facilities and Equipment) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy may recommend logistics enterprises to expand necessary logistics facilities and equipment for efficient logistics activities and provide necessary administrative and financial support to them. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy may, if deemed necessary for the smooth expansion of logistics facilities and equipment, request the head of the relevant administrative agency to provide necessary support. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 22 (Connection and Harmony between Logistics Facilities) |
The State, a local government, logistics-related institutions prescribed by Presidential Decree (hereinafter referred to as "logistics-related institutions"), logistics enterprises, etc. shall, when they build new logistics facilities or repair existing logistics facilities, take the following matters into consideration:
| 1. | Connection with main logistics base facilities and means of transport; |
| 2. | Overlap of function with that of neighboring logistics facilities; |
| 3. | Securing a rear site for logistics facilities with appropriate scale and function the cases of airports, harbors or industrial complexes prescribed by Presidential Decree. |
| Article 23 (Promotion of Collaboration in and Automation of Logistics) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of Trade, Industry and Energy, or a Mayor/Do Governor may, within budgetary limits, provide subsidies to logistics enterprises, shipping enterprises, or logistics-related organizations that promote collaboration in logistics. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of Trade, Industry and Energy, or a Mayor/Do Governor may, if a shipping enterprise promotes collaboration in logistics, recommend it to promote collaboration with logistics enterprises or logistics-related organizations and may provide support under paragraph (1) preferentially if it implements the recommendation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (3) | Where a logistics enterprise promotes collaboration in logistics using cloud computing defined in subparagraph 1 of Article 2 of the Act on the Development of Cloud Computing and Protection of Its Users (hereinafter referred to as "cloud computing") or any other information and communications technology, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of Trade, Industry and Energy, or a Mayor/Do Governor may preferentially subsidize such enterprise under paragraph (1). <Newly Inserted by Act No. 15729, Aug. 14, 2018> |
| (4) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of Trade, Industry and Energy, or a Mayor/Do Governor may, if necessary for the proliferation of collaboration in logistics, designate an area as a model area or select a model project for operation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013; Act No. 15729, Aug. 14, 2018> |
| (5) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy may, if a logistics enterprise intends to expand or replace logistics facilities and equipment for logistics automation, provide necessary funds. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15729, Aug. 14, 2018> |
| (6) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy shall, if he/she intends to take measures under paragraphs (1) through (5), consult with each other in advance to prevent any overlap. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15729, Aug. 14, 2018> |
| (7) | Where a Mayor/Do Governor takes measures under paragraphs (1) through (4), he/she shall consult in advance with the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy in connection with the relevant measures to prevent overlap and shall reflect the details of such consultation in the master plan for regional logistics under Article 14 and the execution plan for regional logistics under Article 16. <Newly Inserted by Act No. 12017, Aug. 6, 2013; Act No. 15729, Aug. 14, 2018> |
SECTION 2 Standardization of Logistics
| Article 24 (Promotion, etc. of Proliferation of Standards for Logistics) |
| (1) | The Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may, if deemed necessary for the effective promotion of affairs related to logistics standardization, request the Minister of Trade, Industry and Energy to establish, amend or abolish the Korean Industrial Standards under the Industrial Standardization Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9445, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy may, if necessary to promote the proliferation of the standards for logistics, request or recommend the relevant administrative agencies, public institutions under the Act on the Management of Public Institutions (hereinafter referred to as "public institutions"), logistics enterprises, users and manufacturers of logistics-related equipment to manufacture or use equipment meeting the standards for logistics (hereinafter referred to as "logistics standard-compliant equipment") or pack in the standard meeting the standards for logistics. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 25 (Favorable Treatment for Users, etc. of Logistics Standard-compliant Equipment) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy may request or recommend the relevant administrative agencies, public institutions, logistics enterprises, etc. to afford favorable treatment, such as discount freight rates, landing charges, storage, and preferential purchase, to users of logistics standard-compliant equipment or persons packing goods in compliance with the standards for logistics. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy may provide necessary financial support, such as financing required funds, etc. to logistics enterprises, users of logistics standard-compliant equipment, or persons packing goods in compliance with the standards for logistics, in order to promote the proliferation of logistics standard-compliant equipment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 26 (Standardization of Accounting for Logistics) |
| (1) | The Minister of Land, Infrastructure and Transport shall prepare and notify a guide to calculation of the distribution expenses of enterprises as prescribed by Presidential Decree to standardize the standards for and methods of calculation of the distribution expenses of logistics enterprises and shipping enterprises in consultation with the Minister of Oceans and Fisheries and the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may recommend logistics enterprises and shipping enterprises to manage distribution expenses pursuant to the guide to calculation of the distribution expenses of enterprises referred to in paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport may provide necessary administrative and financial support to logistics enterprises and shipping enterprises which calculate and manage distribution expenses pursuant to the guide to calculation of the distribution expenses of enterprises referred to in paragraph (1) in consultation with the Minister of Oceans and Fisheries and the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
SECTION 3 Logistics Informatization
| Article 27 (Promotion of Logistics Informatization) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of Trade, Industry and Energy, or the Commissioner of the Korea Customs Service shall take necessary measures for the efficiency of the logistics system through the logistics informatization. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of Trade, Industry and Energy, or the Commissioner of the Korea Customs Service may, if necessary for the promotion of logistics informatization, subsidize part of the expenses incurred in relation to the development and operation of facilities or programs related to logistics informatization to logistics enterprises or logistics-related organizations within budgetary limits. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 28 (Construction of Unit Logistics Information Networks) |
| (1) | The relevant administrative agency and logistics-related institution may, if necessary for the promotion of collection, analysis, processing and distribution, etc. of logistics information under the jurisdiction thereof, construct and operate a unit logistics information network. In such cases, the relevant administrative agency may construct and operate a unit logistics information network by designating an institution exclusively responsible therefor. <Amended by Act No. 11473, Jun. 1, 2012> |
| (2) | Where the relevant administrative agency orders an institution it has designated exclusively to construct and manage a unit logistics information network, it may subsidize the whole or part of necessary expenses within budgetary limits. |
| (3) | An administrative agency and a logistics-related institution constructing a unit logistics information network shall construct a connection system between the unit logistics information network under the jurisdiction thereof and the integrated national logistics information center referred to in Article 30-2 (1) or other unit logistics information networks. <Amended by Act No. 11473, Jun. 1, 2012> |
| (4) | Where the integrated national logistics information center referred to in Article 30-2 (1), or an administrative agency or a logistics-related institution operating a unit logistics information network requests the relevant administrative agency or logistics-related institution operating its unit logistics information network to connect such unit logistics information network with its unit logistics information network, the relevant administrative agency and logistics-related institution shall cooperate with the integrated national logistics information center and such administrative agency or logistics-related institution through mutual consultation, unless there are any extenuating circumstances. <Newly Inserted by Act No. 11473, Jun. 1, 2012> |
| (5) | The head of the relevant administrative agency constructing and operating the unit logistics information network may, when necessary for constructing the connection system between its unit logistics information network and the integrated national logistics information center referred to in Article 30-2 (1) or the unit logistics information networks, request the subcommittee on logistics facilities referred to in Article 19 (1) 2 (hereinafter referred to as "subcommittee on logistics facilities") to connect its unit logistics information network with the integrated national logistics information center referred to in the same paragraph or to coordinate the connection system between the unit logistics information networks in consultation with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11473, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (6) | The relevant administrative agency shall designate an institution exclusively responsible for a unit logistics information network referred to in paragraph (1) from among public institutions prescribed by Presidential Decree or those who have proper facilities, equipment and human resources related to the collection, analysis, processing and distribution of logistics information. <Newly Inserted by Act No. 11473, Jun. 1, 2012> |
| (7) | The criteria for facilities, equipment and human resources necessary for designation of an institution exclusively responsible for a unit logistics information network referred to in paragraph (6) and procedures for the designation thereof shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11473, Jun. 1, 2012> |
| (8) | Where an institution exclusively responsible for a unit logistics information network falls under any of the following, the relevant administrative agency constructing and operating a unit logistics information network by designating an institution exclusively responsible therefor pursuant to paragraph (1) may revoke such designation: Provided, That where an institution exclusively responsible therefor falls under subparagraph 1, the relevant administrative agency shall revoke such designation: <Newly Inserted by Act No. 11473, Jun. 1, 2012> |
| 1. | Where such institution has been designated by deception or other wrongful means; |
| 2. | Where such institution fails to meet the criteria for designation referred to in paragraph (7). |
| Article 29 (Establishment and Operation of Hazardous Material Transport Safety Control Center) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish and operate the Hazardous Material Transport Safety Control Center (hereinafter referred to as the "Hazardous Material Transport Safety Control Center") that conducts integrated management of motor vehicles that transport hazardous materials (hereinafter referred to as "hazardous material transport vehicles") for safe road transport of the following materials (hereinafter referred to as "hazardous materials"). In such cases, the Minister of Land, Infrastructure and Transport may require the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act (hereinafter referred to as the "Korea Transportation Safety Authority") to establish and operate the Hazardous Material Transport Safety Control Center on his/her behalf: <Amended by Act No. 14939, Oct. 24, 2017> |
| 7. | Other substances prescribed by Presidential Decree. |
| (2) | The Hazardous Material Transport Safety Control Center shall perform the following duties: |
| 1. | Collecting and managing information necessary for operating the Hazardous Material Transport Safety Control Center, such as the information on the owners and the drivers of hazardous material transport vehicles, information on their operation, and information on response to be taken when any accident occurs; |
| 2. | Providing education on installation and operation of terminal devices, entry, etc. of information on transport plans under Article 29-2 (1), (2) and (5); |
| 3. | Establishing and operating an electronic information system to support the performance of the duties of the Hazardous Material Transport Safety Control Center (hereinafter referred to as "hazardous material transport safety control system"); |
| 4. | Monitoring accidents related to hazardous material transportation vehicles and spreading accident information when any accident occurs; |
| 5. | Giving a notice on prohibition of passing to a hazardous material transport vehicle that has entered into a traffic prohibited or restricted section published by the commissioner of a district police agency pursuant to Article 6 of the Road Traffic Act or a traffic restricted section, such as a water source protection area under Article 17 of the Water Environment Conservation Act, or any other traffic restricted section prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "traffic restricted section") and spreading to relevant institutions, etc. of the fact that the relevant hazardous material transport vehicle has entered into a traffic restricted zone; |
| 6. | Establishing a system for the joint use of the hazardous material transport safety control system among relevant administrative agencies; |
| 7. | Other matters necessary to prevent accidents of hazardous material transport vehicles and to provide prompt assistance in disaster prevention when any accident occurs. |
| (3) | The Minister of Land, Infrastructure and Transport may support the budget necessary for acting as an agent for the establishment and operation of the Hazardous Material Transport Safety Control Center on his/her behalf under paragraph (1), within budgetary limits. |
| (4) | No persons who collect, manage, and use information necessary for operating the Hazardous Material Transport Safety Control Center (including the executive officers and employees of the Korea Transportation Safety Authority that acts as the agent for establishing and operating the Hazardous Material Transport Safety Control Center pursuant to paragraph (1) and personnel of the relevant administrative agencies that jointly use information pursuant to paragraph (5)) shall use the acquired information for purposes other than its purpose. <Amended by Act No. 14939, Oct. 24, 2017> |
| (5) | The heads of relevant administrative agencies may jointly use the information collected and managed by the Hazardous Material Transport Safety Control Center through the hazardous material transport safety control system. |
| (6) | Where necessary to operate the Hazardous Material Transport Safety Control Center, the Minister of Land, Infrastructure and Transport may request the heads of relevant administrative agencies, public institutions and corporations, etc. (hereafter in this Article referred to as "relevant administrative agencies, etc.") to provide cooperation necessary to perform the affairs of said Center, such as dispatch of public officials, executive officers or employees under their control or provision of data and information. In such cases, the heads of the relevant administrative agencies, etc. in receipt of such request shall comply therewith unless there is a compelling reason not to do so. |
[This Article Newly Inserted by Act No. 14714, Mar. 21, 2017]
| Article 29-2 (Obligations, etc. of Owners, etc. of Hazardous Material Transport Vehicles) |
| (1) | The owner of a motor vehicle whose maximum load capacity exceeds a certain level (referring to the owner of a motor vehicle listed in the motor vehicle register under Article 7 of the Motor Vehicle Management Act; hereinafter the same shall apply) among hazardous material transport vehicles which need to be monitored by the Hazardous Material Transport Safety Control Center during the road transport, shall install at the relevant vehicle a mobile communication terminal device capable of wireless communication with the hazardous material transport safety control system, collection of location information of the hazardous material transport vehicle (hereinafter referred to as "terminal device"), etc. In such cases, the types of hazardous materials that need to be monitored by the Hazardous Material Transport Safety Control Center during road transport and the standards for maximum load capacity of hazardous material transport vehicles and other relevant matters shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport after consultation with the heads of relevant central administrative agencies. |
| (2) | The owner of a hazardous material transport vehicle equipped with a terminal device pursuant to paragraph (1) (hereinafter referred to as "vehicle equipped with a terminal device") shall inspect and manage the terminal device to ensure its normal operation; and the driver of a vehicle equipped with a terminal device shall keep the terminal device operated during transport of hazardous materials. |
| (3) | The Minister of Land, Infrastructure and Transport may fully or partially subsidize the expenses incurred by the owner of a hazardous material transport vehicle in installing and operating a terminal device pursuant to paragraphs (1) and (2). |
| (4) | Matters necessary for installing and operating terminal devices, such as the installation and technology standards for terminal devices and methods of inspecting and managing terminal devices, under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | The owner of a vehicle equipped with a terminal device who intends to transport any hazardous material shall enter information on the transport plan, such as the information on the driver of the relevant vehicle, the type of hazardous material to be transported, and the places of departure and destination (hereinafter referred to as "information on a transport plan") in the hazardous material transport safety control system, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (6) | In determining the installation and technology standards for terminal devices and necessary matters for entering information on a transport plan under paragraphs (4) and (5), the Ministry of Land, Infrastructure and Transport shall hold prior consultation with heads of relevant central administrative agencies. |
| (7) | In order to ascertain whether there is any violation in the installation and operation of a terminal device or in entering the information on a transport plan under paragraph (1), (2), or (5), the Minister of Land, Infrastructure and Transport may require a relevant public official or hazardous material transport warden (referring to a person in charge of hazardous material transport safety control among executive officers and employees of the Korea Transportation Safety Authority; hereinafter the same shall apply) to inspect a hazardous material transport vehicle or to access the place of business of a hazardous material transport vehicle to inspect relevant documents, etc. <Amended by Act No. 14939, Oct. 24, 2017> |
| (8) | The owner of a hazardous material transport vehicle, the driver, or a person related to the relevant place of business shall not refuse, hinder, or evade the access and inspection conducted pursuant to paragraph (7) without just cause. |
| (9) | A public official or hazardous material transport warden who gains access and conducts inspection pursuant to paragraph (7) shall carry a document indicating his/her authority and show it to related persons. |
[This Article Newly Inserted by Act No. 14714, Mar. 21, 2017]
| Article 29-3 (Order to Install Terminal Device and to Suspend Operation) |
| (1) | The Minister of Land, Infrastructure and Transport may order a person who fails to install a terminal device pursuant to Article 29-2 (1) or to comply with the installation and technology standards for terminal devices pursuant to paragraph (4) of the same Article to install a terminal device or to make improvement fixing a period, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | If a person in receipt of an order to take measures under paragraph (1) fails to comply with the order, the Minister of Land, Infrastructure and Transport may issue an order to suspend operation of the relevant hazardous material transport vehicle. |
[This Article Newly Inserted by Act No. 14714, Mar. 21, 2017]
| Article 30 (Construction of Integrated National Logistics Database) |
| (1) | The Minister of Land, Infrastructure and Transport may construct the integrated national logistics database covering the whole data related to logistics by receiving necessary information from unit logistics information networks constructed by the relevant administrative agencies, logistics-related institutions, or logistics enterprises, or by processing and analyzing information collected according to a survey of the current status of logistics in consultation with the Minister of Oceans and Fisheries, the Minister of Trade, Industry and Energy, and the Commissioner of the Korea Customs Service. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where necessary for constructing the integrated national logistics database, the Minister of Land, Infrastructure and Transport may request the relevant administrative agencies, local governments, logistics-related institutions, or logistics enterprises to provide him/her with data. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11473, Jun. 1, 2012]
| Article 30-2 (Establishment and Operation of Integrated National Logistics Information Center) |
| (1) | The Minister of Land, Infrastructure and Transport may establish and operate an integrated national logistics information center in order to construct the integrated national logistics database and to have an integrated information system for processing, accumulating and providing logistics information. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may designate any of the following persons as an operator of the integrated national logistics information center: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| 1. | A central administrative agency; |
| 2. | A public institution prescribed by Presidential Decree; |
| 3. | A government-funded research institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes (hereinafter referred to as "government-funded research institute"); |
| 3-2. | A logistics-related association established under Article 55 (1); |
| 4. | A stock company under the Commercial Act, meeting the criteria and qualification requirements prescribed by Presidential Decree, such as capital of at least two hundred million won and the ability to conduct business. |
| (3) | The Minister of Land, Infrastructure and Transport may provide necessary support to a person designated pursuant to paragraph (2) (hereinafter referred to as "operator of the integrated national logistics information center") for the efficient operation of the integrated national logistics information center in consultation with the Minister of Oceans and Fisheries, the Minister of Trade, Industry and Energy, and the Commissioner of the Korea Customs Service. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Procedures necessary for designation of an operator of the integrated national logistics information center, the criteria for the designation thereof, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11473, Jun. 1, 2012]
| Article 31 (Revocation, etc. of Designation) |
Where an operator of the integrated national logistics information center falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke such designation: Provided, That where such operator falls under subparagraph 1, he/she shall revoke such designation: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11473, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013>
| 1. | Where such operator has been designated by deception or other wrongful means; |
| 2. | Where such operator fails to meet the criteria for designation referred to in Article 30-2 (4); |
| 3. | Where such operator uses logistics information in the integrated national logistics database for profit-making purposes. |
| Article 32 (Use and Development of Electronic Documents) |
| (1) | Where logistics enterprises, logistics-related institutions, and logistics-related organizations intend to conduct logistics affairs prescribed by Presidential Decree by electronic documents (referring to electronic documents defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions; hereinafter the same shall apply), they shall make use of electronic documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11461, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall formulate a plan for development and distribution of standard electronic documents in consultation with the Minister of Oceans and Fisheries and the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 33 (Security of Electronic Documents and Logistics Information) |
| (1) | No one shall forge or falsify a unit logistics information network or electronic document referred to in Article 32 (1), or utter any forged or falsified electronic documents. <Amended by Act No. 11473, Jun. 1, 2012> |
| (2) | No one shall damage logistics information processed, stored or transmitted by the integrated national logistics information center or through unit logistics information networks, or infringe, pilfer or reveal the classified information thereof. <Amended by Act No. 11473, Jun. 1, 2012> |
| (3) | An operator of the integrated national logistics information center or an institution exclusively responsible for a unit logistics information network shall store electronic documents and logistics information recorded in the files of the information processing devices for a period prescribed by Presidential Decree. <Amended by Act No. 11473, Jun. 1, 2012> |
| (4) | An operator of the integrated national logistics information center or an institution exclusively responsible for a unit logistics information network shall take protective measures necessary for the security of electronic documents and logistics information under the provisions of paragraphs (1) through (3). <Amended by Act No. 11473, Jun. 1, 2012> |
| (5) | No one shall violate or damage protective measures referred to in paragraph (4) by illegal or unjust means. |
| Article 34 (Disclosure of Electronic Documents and Logistics Information) |
| (1) | Neither operator of the integrated national logistics information center nor institution exclusively responsible for a unit logistics information network shall disclose any electronic documents or logistics information except as otherwise provided for by Presidential Decree. <Amended by Act No. 11473, Jun. 1, 2012> |
| (2) | When an operator of the integrated national logistics information center or an institution exclusively responsible for a unit logistics information network intends to disclose any electronic documents or logistics information pursuant to paragraph (1), he/she or it shall obtain the consent of the relevant persons prescribed by Presidential Decree in advance. <Amended by Act No. 11473, Jun. 1, 2012> |
| Article 35 (Promotion of Use of Electronic Documents) |
| (1) | In consultation with the Minister of Oceans and Fisheries and the Minister of Trade, Industry and Energy, the Minister of Land, Infrastructure and Transport may request logistics enterprises, logistics-related institutions, and logistics-related organizations to conduct relevant affairs prescribed by Presidential Decree, such as use of logistics facilities, using electronic documents. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may request logistics-related institutions to afford favorable treatment, such as preferential handling of the relevant goods, discount of charges, etc. to logistics enterprises conducting affairs by utilizing electronic documents, in consultation with the Minister of Oceans and Fisheries and the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
SECTION 4 Formulation of Policies for National Logistics Security and Support therefor, etc.
| Article 35-2 (Formulation of Policies for National Logistics Security and Support therefor) |
| (1) | In order to improve the national logistics security level, the Minister of Land, Infrastructure and Transport shall formulate and execute policies for national logistics security, including preparation of systems related to logistics security and technical standards for logistics security, in consultation with the heads of the relevant central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where a logistics company or a shipping company engages in any of the following activities, the Minister of Land, Infrastructure and Transport may provide administrative or financial support in consultation with the heads of the relevant central administrative agencies: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Development or introduction of facilities or equipment related to logistics security; |
| 2. | Compliance with policies for national logistics security, such as systems or standards related to logistics security; |
| 3. | Education and running of programs related to logistics security; |
| 4. | Other activities for logistics security prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11473, Jun. 1, 2012]
| Article 35-3 (Promotion of International Cooperation Related to Logistics Security) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and execute policies for the promotion of international cooperation related to logistics security in consultation with the heads of the relevant central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for international cooperation related to logistics security, such as joint research related to logistics security with foreign countries and international organizations, mutual dispatch of experts and sharing of information about technical development for logistics security for international cooperation related to logistics security, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11473, Jun. 1, 2012]
CHAPTER IV STRENGTHENING OF COMPETITIVENESS OF LOGISTICS INDUSTRY
SECTION 1 Fostering Logistics Industry
| Article 36 (Fostering Logistics Industry, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries shall take measures for strengthening competitive power of the logistics industry, which include preferential fosterage of logistics enterprises providing logistics services, such as transport, storage, loading and unloading, in a consistent and consolidated form to shipping enterprises. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy may take the following measures to foster logistics enterprises specified in paragraph (1): <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Support for preferential occupancy of logistics facilities receiving support from the State or a local government by this Act or other Acts related to logistics prescribed by Presidential Decree; |
| 2. | Support necessary for the smooth raising of funds necessary for greater efficiency of logistics, such as expansion of logistics facilities and equipment, standardization, informatization, etc. of logistics. |
| Article 37 (Promotion of Third Party Logistics) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate, implement, and support policies to encourage shipping enterprises and logistics enterprises to promote third party logistics, in consultation with the Minister of Oceans and Fisheries and the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15780, Sep. 18, 2018> |
| (2) | The Minister of Land, Infrastructure and Transport may provide administrative and financial support to a shipping enterprise or logistics enterprise in consultation with the Minister of Oceans and Fisheries and the Minister of Trade, Industry and Energy, if such enterprise falls under any of the following cases: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 15780, Sep. 18, 2018> |
| 1. | Where a shipping enterprise intends to sell or dispose of its logistics facilities or a logistics enterprise intends to acquire or expand logistics facilities, to utilize third party logistics; |
| 2. | Where a shipping enterprise or logistics enterprise intends to receive logistics consulting services to utilize third party logistics; |
| 3. | Other cases deemed necessary to promote third party logistics. |
| (3) | The Minister of Land, Infrastructure and Transport may, when a shipping enterprise intends to receive logistics consultation for the purposes of utilizing third party logistics, subsidize part of the expenses within budgetary limits, in consultation with the Minister of Oceans and Fisheries and the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport may compile successful cases of utilization of third party logistics and inform the public thereof to promote the utilization of third party logistics in consultation with the Minister of Oceans and Fisheries and the Minister of Trade, Industry and Energy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 37-2 (Establishment of Logistics Report Center and Others) |
| (1) | The Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may establish and operate a Logistics Report Center to create sound trading practices in the logistics market. |
| (2) | Where a dispute arises due to any of the following acts hindering sound trading practices in the logistics market, any person may file a report on such fact with the Logistics Report Center established under paragraph (1): |
| 1. | Failing to perform a contract for transport, storage, loading and unloading, etc. of goods without just cause; or unilaterally amending the terms and conditions of such contract; |
| 2. | Intentionally calling for re-tenders; or disclosing information on the agreed unit price to lower the unit price of transport, storage, loading and unloading, etc. of goods; |
| 3. | Forcing a contracting party to engage in overloading, provision of money, etc. beyond the scope of a contract for transport, storage, loading and unloading, etc. of goods; |
| 4. | Continuously avoiding reflecting cost increases, such as a drastic increase in fuel costs, in the agreed unit price regarding transport, storage, loading and unloading, etc. of goods. |
| (3) | Matters necessary for establishing and operating the Logistics Report Center shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15780, Sep. 18, 2018]
| Article 37-3 (Reporting, Investigation and Others) |
| (1) | Where the contents of a report filed under Article 37-2 (2) are deemed to cause, or likely to cause, damage to another person or to the national or regional economy, the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may recommend mediation to the relevant shipping enterprise, logistics enterprise, or any other interested person, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | If necessary to recommend mediation under paragraph (1), the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may require the relevant shipping enterprise, logistics enterprise, or any other interested person to submit or report on data prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | If necessary to recommend mediation under paragraph (1), the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may have a relevant public official visit a place of business of the relevant shipping enterprise, logistics enterprise, or any other interested person or any other place to investigate relevant accounting records, documents, or other articles. In such cases, a public official conducting an investigation shall carry an identification certificate indicating his/her authority and present it to the relevant person. |
[This Article Newly Inserted by Act No. 15780, Sep. 18, 2018]
SECTION 2 Certification of Excellent Logistics Enterprise
| Article 38 (Certification, etc. of Excellent Logistics Enterprise) |
| (1) | In order to nurture logistics enterprises and to develop logistics industry, each of the Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries may certify logistics enterprises under their jurisdiction as excellent logistics enterprises. |
| (2) | Certification of excellent logistics enterprises under paragraph (1) may be managed depending on the type of logistics business, and matters necessary for the certifying authorities and enterprises eligible for certification for each business and other relevant matters shall be prescribed by Presidential Decree. |
| (3) | The Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may inspect, as prescribed by Presidential Decree, as to whether a person who has been certified pursuant to paragraph (1) (hereinafter referred to as "certified excellent logistics enterprise") continues to meet the requirements prescribed in paragraph (4). |
| (4) | Matters necessary for the standards and procedures for, and the methods and inspection of, the certification for selection of excellent logistics enterprises under paragraph (1) and the method of displaying a certification mark shall be prescribed by the Ordinance over which the Ministry of Land, Infrastructure and Transport and the Ministry of Oceans and Fisheries have joint jurisdiction (hereinafter referred to as "joint Ordinance of the Ministries"). |
[This Article Wholly Amended by Act No. 13374, Jun. 22, 2015]
| Article 38-2 Deleted. <by Act No. 13374, Jun. 22, 2015> |
| Article 39 (Revocation, etc. of Certification of Certified Excellent Logistics Enterprises) |
| (1) | Where a certified excellent logistics enterprise under the jurisdiction of the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries falls under any of the following cases, the competent Minister may revoke the relevant certification: Provided, That when it falls under subparagraph 1, such certification shall be revoked: <Amended by Act No. 13374, Jun. 22, 2015; Act No. 15780, Sep. 18, 2018> |
| 1. | Where it has been certified by deception or other wrongful means; |
| 2. | Where it has received a disposition of corrective measures or imposition of a penalty surcharge from the Fair Trade Commission due to logistics business; |
| 3. | Where it has refused to undergo an inspection under Article 38 (3) on not less than three occasions without good cause; |
| 4. | Where it has failed to meet the standards for certification referred to in Article 38 (4); |
| 5. | Where it has allowed a third person to do business by making use of his/her name or trade name or has lent a certificate in violation of Article 66. |
| (2) | Where the certification of an excellent logistics enterprise has been revoked pursuant to paragraph (1), the certified excellent logistics enterprise shall return the certificate under Article 41 (1) and discontinue to use the certified mark. <Amended by Act No. 13374, Jun. 22, 2015> |
| Article 40 (Agency Conducting Evaluation for Certification) |
| (1) | The Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries may jointly designate an agency conducting evaluation for certification of excellent logistics enterprises (hereinafter referred to as "certification institution") in connection with certification of excellent logistics enterprises and require it to perform the following affairs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13374, Jun. 22, 2015> |
| 1. | Receipt of applications for certification; |
| 2. | Examination of whether applicants meet the requirements provided in Article 38 (4); |
| 3. | Inspection on behalf of the competent Minister under Article 38 (3); |
| 4. | Other affairs of support prescribed by Presidential Decree for smoothly conducting affairs of certification. |
| (2) | Any of the following institutions shall be qualified for the designation as a certification institution as prescribed by Presidential Decree: <Amended by Act No. 13374, Jun. 22, 2015> |
| 2. | Government-funded research institutes; |
| 3. | Deleted. <by Act No. 13374, Jun. 22, 2015> |
| (3) | If necessary when conducting affairs under subparagraphs of paragraph (1), the head of the certification institution may request the relevant administrative agencies or any related organizations to collaborate. <Amended by Act No. 13374, Jun. 22, 2015> |
| (4) | Matters necessary for the establishment, operation, etc. of certification institutions shall be prescribed by the joint Ordinance of the Ministries. <Amended by Act No. 13374, Jun. 22, 2015> |
| (5) | The Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries may provide guidance and supervision for certification institutions and subsidize partially their operating expenses. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13374, Jun. 22, 2015> |
| Article 40-2 (Revocation of Designation of Certification Institutions) |
Where a certification institution falls under any of the following cases, the Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries may jointly revoke the designation: Provided, That in the case of subparagraph 1, he/she shall revoke such designation: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13374, Jun. 22, 2015>
| 1. | Where it has been designated by deception or other wrongful means; |
| 2. | Where it has violated the criteria and procedures for certification intentionally or by gross negligence; |
| 3. | Where it has refused certification work without good cause. |
[This Article Newly Inserted by Act No. 11473, Jun. 1, 2012]
| Article 41 (Certificates and Certification Marks) |
| (1) | The Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries may issue a certificate to a certified excellent logistics enterprise under his/her jurisdiction and establish a mark indicating certification (hereinafter referred to as "certification mark") for use by a certified excellent logistics enterprise. <Amended by Act No. 13374, Jun. 22, 2015> |
| (2) | Design and methods of indication of the certification marks shall be jointly determined and publicly announced by the Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries as prescribed by the joint Ordinance of the Ministries. <Amended by Act No. 13374, Jun. 22, 2015> |
| (3) | Any person who is not a certified excellent logistics enterprise shall neither make and use any false certification mark nor misrepresent himself/herself as a certified excellent logistics enterprise by other means. <Amended by Act No. 13374, Jun. 22, 2015> |
| Article 42 (Support to Certified Excellent Logistics Enterprises and Excellent Green Logistics Enterprises) |
The State, a local government, or a public institution may provide administrative and financial support to certified excellent logistics enterprises or excellent green logistics enterprises referred to in Article 60-3, as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 13374, Jun. 22, 2015]
SECTION 3 International Logistics Brokerage Business
| Article 43 (Registration of International Logistics Brokerage Business) |
| (1) | Any person who intends to conduct international logistics brokerage business shall file for registration with a Mayor/Do Governor as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14541, Jan. 17, 2017> |
| (2) | Where a person whose business has been registered as international logistics brokerage business pursuant to paragraph (1) (hereinafter referred to as "international logistics brokerage business entity") intends to modify important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport from among registered matters, he/she shall file for registration of a modification as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | Any person who intends to file for registration of international logistics brokerage business pursuant to paragraph (1) shall possess capital of at least 300 million won (referring to the appraised value of assets of at least 600 million won if he/she is not a juristic person) and meet other criteria prescribed by Presidential Decree. <Amended by Act No. 11473, Jun. 1, 2012> |
| (4) | An international logistics brokerage business entity shall report matters concerning registration criteria referred to in paragraph (3) every three years, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 11473, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| Article 44 (Disqualifications for Registration) |
Neither of the following persons shall file for registration of international logistics brokerage business; in cases of a corporation established by a foreigner or in accordance with a foreign statute, the same shall apply if it falls under any of the following in accordance with a statute of the relevant country: <Amended by Act No. 12017, Aug. 6, 2013; Act No. 13374, Jun. 22, 2015; Act No. 14116, Mar. 29, 2016; Act No. 14541, Jan. 17, 2017>
| 1. | An incompetent under the adult guardianship or a quasi-incompetent under the limited guardianship; |
| 5. | Any person for whom two years have not passed since the revocation of registration under Article 47 (1) (excluding cases where the registration is revoked on the ground of falling under subparagraph 1 of this Article); |
| 6. | Any corporation whose representative falls under any of subparagraphs 1 through 5; |
| 7. | Any corporation whose executive officer other than the representative falls under any of subparagraphs 2 through 5. |
| Article 45 (Succession to Business) |
| (1) | When an international logistics brokerage business entity has transferred his/her business or dies or a corporation has merged his/her business, such transferee, heir or a corporation that continues to exist after merger or a corporation that is incorporated by merger shall succeed to the rights and obligations by registration of international logistics brokerage business. |
| (2) | Any person who has succeeded to rights and obligations by registration of international logistics brokerage business pursuant to paragraph (1) shall report to a Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14541, Jan. 17, 2017> |
| (3) | Article 44 shall apply mutatis mutandis to disqualification of any person who has succeeded to rights and obligations pursuant to paragraph (1). |
| Article 46 (Request for Provision of Information on Suspension or Discontinuance of Business) |
Where necessary to confirm that the business of an international logistics brokerage business entity has been suspended or permanenetly closed down, a Mayor/Do Governor may request the head of the relevant tax office to provide tax information related to the suspension or permanent closure of the business, as prescribed by Presidential Decree. In such cases, the head of the tax office in receipt of such request shall comply therewith unless an extenuating circumstance exists. <Amended by Act No. 14541, Jan. 17, 2017>
[This Article Wholly Amended by Act No. 13374, Jun. 22, 2015]
| Article 47 (Revocation of Registration, etc.) |
| (1) | Where an international logistics brokerage business entity falls under any of the following, a Mayor/Do Governor shall revoke its registration or order it to suspend the whole or part of its business for a period of up to six months: Provided, That in cases falling under subparagraph 1, 4, or 5, he/she shall revoke the registration: <Amended by Act No. 14541, Jan. 17, 2017> |
| 1. | Where it has filed for registration by deception or other wrongful means; |
| 2. | Where it has failed to meet standards for registration under Article 43 (3); |
| 3. | Where it fails to make a report in violation of Article 43 (4) or makes a false report; |
| 4. | Where it falls under any subparagraph of Article 44 (including cases where Article 45 (3) applies mutatis mutandis); Provided, that this shall not apply in cases where an heir who has succeeded to such position has transferred such business to another person within three months from the date of inheritance when he/she falls under any of subparagraphs 1 through 5 of Article 44, and in cases where a juristic person (including a juristic person surviving a merger or a juristic person incorporated by merger), when it falls under subparagraph 6 or 7 of Article 44, has newly elected an executive officer in lieu of the relevant executive officer within three months from the date of occurrence of such reason (referring to the date of a merger in cases of a merger of a juristic person); |
| 5. | Where it has allowed a third person to engage in business by making use of its name or trade name or has lent its certificate of registration in violation of Article 66. |
| (2) | Detailed standards for disposition under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 48 Deleted. <by Act No. 12017, Aug. 6, 2013> |
| Article 49 (Subsidization of Funds) |
The State may, if deemed necessary for fostering international logistics brokerage business, provide necessary support to international logistics brokerage business entities, such as subsidization of funds necessary for such business.
| Articles 49-2 and 49-3 Deleted. <by Act No. 13374, Jun. 22, 2015> |
SECTION 4 Training for Human Resources for Logistics
| Article 50 (Training for Human Resources for Logistics) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may engage in the following activities to train technical human resources and specialized human resources in the field of logistics prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11473, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| 1. | Education and training to strengthen ability of human resources for logistics engaged in shipping enterprises and logistics enterprises; |
| 2. | Development and dissemination of advanced techniques, educational programs and educational teaching materials for greater efficiency in the logistics system and activation of international logistics; |
| 3. | Support to activities for inviting foreign logistics colleges to Korea and support to activities for joint development of programs for education of logistics between domestic colleges and foreign colleges; |
| 4. | Training for and education of technical workers in charge of the management of logistics facilities and the operation of logistics equipment; |
| 5. | Other training for new human resources for logistics, re-education of logistics administrators or activities necessary for the training of foreign human resources for logistics. |
| (2) | Where any of the following persons engages in the activities specified in subparagraphs of paragraph (1), the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries or the relevant Mayor/Do Governor may subsidize all or part of the expenses incurred in relation to the activities within budgetary limits: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| 1. | Government-funded research institutes; |
| 3. | Other logistics study and educational institutions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may, if necessary, provide education and training specified in paragraph (1) 1 and 4 by entrusting it to a specialized educational institution, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11473, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (4) | Matters necessary for the activities specified in subparagraphs of paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or Ordinance of the Ministry of Oceans and Fisheries, according to their jurisdiction. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (5) | Where a Mayor/Do Governor intends to engage in the activities specified in paragraphs (1) through (3), he/she shall consult in advance with the Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries to prevent any overlap and shall reflect the details of such consultation in the master plan for regional logistics under Article 14 and the execution plan for regional logistics under Article 16. <Newly Inserted by Act No. 12017, Aug. 6, 2013> |
| Article 51 (Qualification Examination for Logistics Administrators) |
| (1) | Any person who intends to be a logistics administrator shall pass an examination administered by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Where a person cheats in the examination referred to in paragraph (1), the results of such examination shall be deemed null and void. |
| (3) | Any person who receives a disposition under paragraph (2) shall not be entitled to apply for an examination for three years from the date of such disposition. |
| (4) | Matters necessary for the time frame, procedures, methods, subjects, exam questions, and qualifications for application for the examination, and issuance of a qualification certificate under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 12017, Aug. 6, 2013> |
| (5) | The Minister of Land, Infrastructure and Transport may entrust affairs concerning the management of examinations and the issuance of qualification certificates under paragraphs (1) and (4) to a relevant specialized institution or organization which is recognized to have competence, as prescribed by Presidential Decree. <Newly Inserted by Act No. 12017, Aug. 6, 2013> |
| Article 52 (Duties of Logistics Administrators) |
A logistics administrator shall plan, investigate, research, diagnose, and evaluate matters that require specialized knowledge in connection with logistics activities, or consult and advise thereon, and perform other duties necessary for logistics administration.
| Article 53 (Revocation of Qualifications of Logistics Administrators) |
When a logistics administrator falls under either of the following, the Minister of Land, Infrastructure and Transport may revoke his/her qualification: Provided, That in cases falling under subparagraph 1, his/her qualification shall be revoked: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| 1. | When he/she has acquired the qualifications under Article 51 by wrongful means; |
| 2. | When he/she has allowed another person to engage in business by making use of his/her name or has lent his/her certificate of qualifications. |
| Article 54 (Preferential Support to Business Entities Employing Logistics Administrator) |
| (1) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may provide administrative and financial support to a logistics-related business entity that employs a logistics administrator, in preference to other business entities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (2) | Where a Mayor/Do Governor intends to provide support under paragraph (1), he/she shall consult in advance with the Minister of Land, Infrastructure and Transport to prevent any overlap. <Newly Inserted by Act No. 12017, Aug. 6, 2013> |
SECTION 5 Fostering Logistics-Related Organizations
| Article 55 (Logistics-Related Association, etc.) |
| (1) | Logistics enterprises, shipping enterprises, and other persons related to logistics activities may, if necessary to enhance efficiency of the logistics system and promote healthy development and common interests of the logistics industry, establish an association (hereinafter referred to as "logistics-related association"), as prescribed by Presidential Decree: Provided, That this shall be excluded in cases where other Acts prescribe otherwise. <Amended by Act No. 12017, Aug. 6, 2013> |
| (2) | In order to incorporate the logistics-related association, not less than 100 enterprises which are qualified to be members of the association shall prepare the articles of association as promoters; submit it to the inaugural general meeting attended by not less than 200 enterprises qualified to be members of the association for resolution; and then obtain authorization for incorporation from the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries according to the jurisdiction; <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The logistics-related association shall be formed by registration of incorporation with authorization for incorporation under paragraph (2). |
| (4) | The logistics-related association shall be a juristic person. |
| (5) | The provisions on an incorporated association of the Civil Act shall apply mutatis mutandis to the logistics-related association, except as prescribed otherwise by this Act. |
| (6) | The Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries may provide administrative and financial support to the logistics-related association, if necessary for the development of the logistics-related association. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (7) | Matters necessary for the business and the articles of association, etc. of the logistics-related association shall be prescribed by Presidential Decree. |
| Article 56 (Private and Public Joint Logistics Support Center) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of Trade, Industry and Energy, a logistics-related association, and a logistics-related specialized institution and organization prescribed by Presidential Decree may jointly establish and operate the logistics support center to strengthen national competitiveness by streamlining the logistics system and to promote international logistics activities in an efficient manner. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (2) | The logistics support center shall engage in the following activities: |
| 1. | Support to overseas expansion of domestic logistics enterprises and to attracting investment of overseas logistics enterprises to the domestic market; |
| 2. | Investigation and research for the fostering and development of the logistics industry; |
| 3. | Other activities necessary for greater efficiency of the logistics system, such as support to collaboration in and informatization of logistics. |
| (3) | Matters necessary for the establishment and operation, etc. of the logistics support center shall be prescribed by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy may provide administrative and financial support, if necessary for the efficient operation of the logistics support center. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
CHAPTER V ADVANCEMENT AND INTERNATIONALIZATION OF LOGISTICS
SECTION 1 Research and Development on Logistics
| Article 57 (Promotion of Research and Development and Proliferation of New Technology and Techniques Related to Logistics and Others) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor shall formulate policies to promote research and development of new technology and techniques related to logistics (hereinafter referred to as "new logistics technology"), such as the commercial vehicle operation system, cloud computing, and radio frequency recognition, as well as to proliferate and promote advanced logistics facilities, equipment, and means of transportation (hereinafter referred to as "advanced logistics facilities, etc.") through such research and development. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013; Act No. 15677, Jun. 12, 2018; Act No. 15729, Aug. 14, 2018> |
| (2) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may provide necessary administrative and financial support to logistics enterprises if they engage in any of the following activities: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013; Act No. 15677, Jun. 12, 2018> |
| 1. | Research and development of new logistics technology; |
| 2. | Replacing previous logistics facilities, equipment, and means of transportation with advanced logistics facilities, etc., or newly introducing advanced logistics facilities, etc.; |
| 3. | Any other matters prescribed by Presidential Decree to develop and proliferate new logistics technology, advanced logistics facilities, etc. |
| (3) | Where any new logistics technology, advanced logistics facility, etc. is deemed to have outstanding performance or quality, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries may designate it as outstanding new logistics technology, advanced logistics facility, etc. and provide administrative and financial support necessary for proliferating and utilizing such technology, facility, etc. <Newly Inserted by Act No. 15677, Jun. 12, 2018> |
| (4) | Where a Mayor/Do Governor intends to take measures under paragraph (1) or (2), he/she shall consult in advance with the Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries to prevent any overlap and shall reflect the details of such consultation in the master plan for regional logistics under Article 14 and the execution plan for regional logistics under Article 16. <Newly Inserted by Act No. 12017, Aug. 6, 2013; Act No. 15677, Jun. 12, 2018> |
| (5) | Detailed standards for providing support under paragraph (2), the standards and procedures for designation and support under paragraph (3), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15677, Jun. 12, 2018> |
| Article 58 (Nurturing Research Institutes and Organizations Related to Logistics and Others) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor shall provide guidance to and foster, relevant research institutes and organizations to promote logistics-related technology as well as research and development of new logistics technology. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013; Act No. 15677, Jun. 12, 2018> |
| (2) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may, if deemed especially necessary for promoting logistics-related technology as well as research and development of new logistics technology, recommend that public institutions, etc. invest in the research and development of logistics technology or contribute to research institutes and organizations referred to in paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013; Act No. 15677, Jun. 12, 2018> |
| (3) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may award prizes to public institutions, logistics enterprises, individuals, etc. recognized as having made remarkable contribution to research in the field of logistics, promotion of logistics technology, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
SECTION 2 Promotion of Eco-Friendly Logistics
| Article 59 (Promotion of Eco-Friendly Logistics) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor shall prepare relevant measures so that logistics activities may be promoted in an eco-friendly manner. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (2) | Where a logistics enterprise or shipping enterprise engages in the following for eco-friendly logistics activities, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the relevant Mayor/Do Governor may provide administrative and financial support: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| 1. | Use of eco-friendly means of transportation or packing materials; |
| 2. | Replacement of existing logistics facilities, equipment and means of transportation by eco-friendly logistics facilities, equipment and means of transportation; |
| 3. | Other eco-friendly logistics activities prescribed by Presidential Decree. |
| (3) | Where a Mayor/Do Governor intends to take measures under paragraph (1) or (2), he/she shall consult in advance with the Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries to prevent any overlap and shall reflect the details of such consultation in the master plan for regional logistics under Article 14 and the execution plan for regional logistics under Article 16. <Newly Inserted by Act No. 12017, Aug. 6, 2013> |
| Article 60 (Promotion of Transfer to Eco-Friendly Means of Transportation) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may recommend that logistics enterprises and shipping enterprises transfer to eco-friendly means of transportation and may support such transfer. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (2) | Matters necessary for detailed standards on objects of support and the details of support under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Where a Mayor/Do Governor intends to take measures under paragraph (1), he/she shall consult in advance with the Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries to prevent any overlap and shall reflect the details of such consultation in the master plan for regional logistics under Article 14 and the execution plan for regional logistics under Article 16. <Newly Inserted by Act No. 12017, Aug. 6, 2013> |
| Article 60-2 (Establishment, etc. of Green Logistics Consultative Organization) |
| (1) | The Ministry of Land, Infrastructure and Transport, relevant administrative agencies, logistics-related associations, logistics-related specialized institutions and organizations, logistics enterprises, shipping enterprises, etc. may establish and operate a consultative organization (hereinafter referred to as the "Green Logistics Consultative Organization") to promote eco-friendly logistics activities. |
| (2) | The Green Logistics Consultative Organization shall perform the following duties: |
| 1. | Development of, suggestion of, deliberation on, and coordination of policies for the promotion of eco-friendly logistics activities; |
| 2. | Development and suggestion of policies and projects for the establishment of eco-friendly cooperation system of logistics enterprises and shipping enterprises; |
| 3. | Examination and selection of projects for the support for eco-friendly logistics activities of enterprises; |
| 4. | Research, development, publicity, education, etc. for the promotion of eco-friendly logistics activities. |
| (3) | The Ministry of Land, Infrastructure and Transport may provide administrative and financial support necessary for the Green Logistics Consultative Organization to perform the duties referred to in subparagraphs of paragraph (2). |
| (4) | Matters necessary for the composition, operation, etc. of the Green Logistics Consultative Organization shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12017, Aug. 6, 2013]
| Article 60-3 (Accreditation of Excellent Enterprise of Eco-Friendly Logistics Activities) |
| (1) | The Ministry of Land, Infrastructure and Transport may accredit logistics enterprises and shipping enterprises engaged in exemplary eco-friendly logistics activities as excellent enterprises. |
| (2) | A person who intends to be accredited as an excellent enterprise pursuant to paragraph (1) shall meet the accreditation standards determined by Ordinance of the Ministry of Land, Infrastructure and Transport, such as results of eco-friendly logistics activities specified in subparagraphs of Article 59 (2). |
| (3) | The Ministry of Land, Infrastructure and Transport may conduct checks as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as to whether a person accredited as an excellent enterprise under paragraph (1) (hereinafter referred to as "excellent green logistics enterprise") continues to meet the requirements of paragraph (2). |
| (4) | Matters necessary for the procedures and methods for accreditation of an excellent green logistics enterprise shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 12017, Aug. 6, 2013]
| Article 60-4 (Certificate and Accreditation Mark of Excellent Green Logistics Enterprise) |
| (1) | The Minister of Land, Infrastructure and Transport may issue an accreditation certificate to an excellent green logistics enterprise and may determine an accreditation mark (hereinafter to as "accreditation mark") to identify the accreditation, which may be used by the excellent green logistics enterprise. |
| (2) | The design, method of indication, etc. of the accreditation mark shall be determined and publicly announced by the Minister of Land, Infrastructure and Transport. |
| (3) | No person who is not an excellent green logistics enterprise shall place the accreditation mark or any similar indication thereto. |
[This Article Newly Inserted by Act No. 12017, Aug. 6, 2013]
| Article 60-5 Deleted. <by Act No. 13374, Jun. 22, 2015> |
| Article 60-6 (Revocation of Accreditation as Excellent Green Logistics Enterprise, etc.) |
| (1) | Where an excellent green logistics enterprise falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke its accreditation: Provided, That in cases falling under subparagraph 1, its accreditation shall be revoked: |
| 1. | Where it has been accredited by deception or other wrongful means; |
| 2. | Where it has failed to meet the requirements of Article 60-3 (2); |
| 3. | Where it has rejected checks under Article 60-3 (3) more than three times without good cause. |
| (2) | Where the accreditation of an excellent green logistics enterprise is revoked pursuant to paragraph (1), the enterprise shall return the certificate of accreditation referred to in Article 60-4 (1) and discontinue to use the accreditation mark. |
[This Article Newly Inserted by Act No. 12017, Aug. 6, 2013]
| Article 60-7 (Agency Conducting Evaluation for Accreditation of Excellent Green Logistics Enterprises) |
| (1) | The Minister of Land, Infrastructure and Transport may designate an institution conducting evaluation for accreditation of excellent green logistics enterprises (hereinafter referred to as "accreditation institution") in connection with accreditation of excellent green logistics enterprises and may require it to perform the following affairs: |
| 1. | Receipt of applications for accreditation of excellent green logistics enterprises under Article 60-3 (1); |
| 2. | Examination of whether applicants meet the standards for accreditation of excellent green logistics enterprises provided in Article 60-3 (2); |
| 3. | Checks on excellent green logistics enterprises under Article 60-3 (3); |
| 4. | Other affairs of support, prescribed by Presidential Decree, for smoothly conducting affairs of accreditation. |
| (2) | Any of the following institutions shall be qualified for the designation as an accreditation institution, as prescribed by Presidential Decree: |
| 2. | Government-funded research institutes. |
| (3) | Matters necessary for the establishment, operation, etc. of accreditation institutions shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 13374, Jun. 22, 2015]
| Article 60-8 (Revocation of Designation of Accreditation Institutions) |
Where an accreditation institution falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation: Provided, That in cases falling under subparagraph 1, he/she shall revoke such designation:
| 1. | Where it has been designated by deception or other wrongful means; |
| 2. | Where it has violated the criteria and procedures for accreditation intentionally or by gross negligence; |
| 3. | Where it has refused accreditation work without good cause. |
[This Article Newly Inserted by Act No. 13374, Jun. 22, 2015]
SECTION 3 Promotion of and Support for International Logistics
| Article 61 (Promotion of and Support for International Logistics Business) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor shall prepare measures for the promotion of international logistics, such as construction of the international logistics collaboration system, overseas expansion of domestic logistics enterprises, invitation of overseas logistics enterprises, invitation of trans-shipment cargo, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may provide administrative support or subsidize all or part of the expenses incurred in relation to the following international logistics activities promoted by logistics enterprises or relevant specialized institutions and organizations prescribed by Presidential Decree within budgetary limits: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013; Act No. 15677, Jun. 12, 2018> |
| 1. | International exchange of information, technology, and human resources related to logistics; |
| 2. | International standardization, joint investigation, research and technical collaboration related to logistics; |
| 3. | Holding of international scientific conventions, opening of international expositions, etc. related to logistics; |
| 4. | Research and analysis of the overseas logistics market and systematic distribution of the collected information; |
| 5. | Establishment of supporting organizations for promotion of the logistics activities between nations; |
| 6. | Invitation of overseas logistics enterprises; |
| 7. | Acquisition of a foreign logistics enterprise and establishment of logistics infrastructure overseas, by a Korean logistics enterprise; |
| 8. | Any other matters deemed necessary to promote and subsidize international logistics business. |
| (3) | The Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries shall undergo deliberations by the National Logistics Policies Committee in advance for the composition of a logistics collaboration organization between countries, the conclusion of an agreement between the governments, and other relevant issues, which require support at a pan-government level. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may provide administrative and financial support necessary for the promotion of international logistics activities of logistics enterprises, and institutions and organizations related to international logistics. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (5) | Where a Mayor/Do Governor intends to take measures under paragraph (1), (2) or (4), he/she shall consult in advance with the Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries to prevent any overlap and shall reflect the details of such consultation in the master plan for regional logistics under Article 14 and the execution plan for regional logistics under Article 16. <Newly Inserted by Act No. 12017, Aug. 6, 2013> |
| Article 62 (Activities for Attraction of Joint Investment) |
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may, if necessary for the effective invitation of enterprises invested by foreigners and transshipment cargo in logistics facilities, engages in joint activities for invitation of investment with the manager of relevant logistics facilities (referring to persons whose ownership of logistics facilities, such as airports, harbors, etc., or right of management and operation has been recognized under the individual statutes; hereinafter the same shall apply) or institutions and organizations related to international logistics. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (2) | The manager of logistics facilities, and institutions and organizations related to international logistics shall positively collaborate in joint activities for the attraction of investment under paragraph (1), unless there is a compelling reason not to do so. |
| (3) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may, if deemed necessary for the efficient attraction of investment, request cooperation from the relevant administrative agencies, including overseas missions, and other related institutions or organizations, such as the Korea Trade-Investment Promotion Agency established under the Korea Trade-Investment Promotion Agency Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (4) | Where a Mayor/Do Governor intends to take measures under paragraph (1) or (3), he/she shall consult in advance with the Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries to prevent overlap. <Newly Inserted by Act No. 12017, Aug. 6, 2013> |
| Article 63 (Evaluation of Investment Attraction Activities) |
| (1) | The Minister of Land, Infrastructure and Transport and the Minister of Oceans and Fisheries may, if necessary for the promotion of active efforts of managers of logistics facilities to invite enterprises invested by foreigners and trans-shipment cargo, evaluate the activities of managers of the relevant logistics facilities for the attraction of investment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for institutions subject to the evaluation, methods of evaluation and reflection of the outcomes of evaluation of the activities for the attraction of investment under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 64 (Coordination of Jurisdiction of Affairs) |
Where the jurisdiction of affairs of the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, and the Minister of Trade, Industry and Energy under this Act overlaps, the Ministers shall coordinate the jurisdiction in consultation with each other. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9445, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013>
| Article 65 (Delegation of Authority and Entrustment of Affairs) |
| (1) | The authority of the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, and the Minister of Trade, Industry and Energy under this Act may be partially delegated to the heads of their affiliated agencies or Mayors/Do Governors, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013> |
| (2) | Affairs of the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of Trade, Industry and Energy, or a Mayor/Do Governor under this Act may be partially entrusted to the relevant institutions, organizations, or corporations, as prescribed by Presidential Decree. <Newly Inserted by Act No. 12017, Aug. 6, 2013> |
| Article 66 (Prohibition against Lending Certificate of Registration, etc.) |
Any certified excellent logistics enterprise, international logistics brokerage business entity, logistics administrator, or excellent green logistics enterprise shall neither allow another to conduct business using its or his/her name or trade name nor lend its or his/her certificate, certificate of registration, certificate of accreditation, or certificate of qualifications, to another person. <Amended by Act No. 11473, Jun. 1, 2012; Act No. 12017, Aug. 6, 2013; Act No. 13374, Jun. 22, 2015>
| Article 67 (Penalty Surcharges) |
| (1) | Where a Mayor/Do Governor shall order an international logistics brokerage business entity to suspend its business pursuant to Article 47 (1), and if such suspension of business causes serious inconvenience to users of the relevant business, he/she may impose a penalty surcharge not exceeding ten million won in lieu of such suspension of business. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013; Act No. 14541, Jan. 17, 2017> |
| (2) | Classification of acts of violation for which a penalty surcharge is imposed under paragraph (1) and an amount of penalty surcharge according to its degree, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a penalty surcharge under paragraph (1) fails to be paid by a deadline, a Mayor/Do Governor shall collect it in the same manner as delinquent national taxes are collected under the Act on the Collection, etc. of Local Non-Tax Revenue, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013; Act No. 14541, Jan. 17, 2017> |
Where the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, a Mayor/Do Governor or an administrative agency intends to make any of the following, he/she shall hold a hearing: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11473, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12017, Aug. 6, 2013; Act No. 13374, Jun. 22, 2015; Act No. 14541, Jan. 17, 2017>
| 1. | Revocation of designation of an institution exclusively responsible for a unit logistics information network under Article 28 (8); |
| 2. | Revocation of designation of an operator of the integrated national logistics information center under Article 31; |
| 3. | Revocation of certification of a certified excellent logistics enterprise under Article 39 (1); |
| 4. | Revocation of designation of a certification institution under Article 40-2; |
| 5. | Revocation of registration of an international logistics brokerage business entity under Article 47 (1); |
| 6. | Deleted; <by Act No. 13374, Jun. 22, 2015> |
| 7. | Revocation of qualifications for a logistics administrator under Article 53; |
| 8. | Revocation of accreditation as an excellent green logistics enterprise under Article 60-6 (1); |
| 9. | Revocation of designation of an accreditation institution under Article 60-8. |
| (1) | A person who files any of the following applications shall pay a fee to the Minister of Land, Infrastructure and Transport (including a person who is entrusted with affairs, where the Minister entrusts his/her affairs to the person pursuant to Articles 51 (5) and 65 (2)), the Minister of Oceans and Fisheries, a Mayor/Do Governor or the head of a certification institution or an accreditation agency: <Amended by Act No. 14541, Jan. 17, 2017> |
| 1. | Application for certification or inspection of an excellent logistics enterprise under Article 38; |
| 2. | Application for registration or registration of modification of international logistics brokerage business under Article 43; |
| 3. | Application for a qualification examination and issuance of a certificate of qualifications for a logistics administrator under Article 51; |
| 4. | Application for accreditation as, or check of, an excellent green logistics enterprise under Article 60-3. |
| (2) | Matters necessary for the standards for calculation of, and the procedures for the collection of, fees under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (referring to the joint Ordinance of the Ministries in the case of paragraph (1) 1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 70 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
An executive officer or employee of the Korea Transportation Safety Authority that acts as an agent pursuant to the latter part of Article 29 (1), a hazardous material transport warden who performs his/her duties pursuant to Article 29-2 (7), and an executive officer or employee of an accreditation agency that performs its duties pursuant to Article 60-7, shall be deemed a public official for the purposes of penalty provisions under Articles 129 through 132 of the Criminal Act. <Amended by Act No. 11473, Jun. 1, 2012; Act No. 13374, Jun. 22, 2015; Act No. 14714, Mar. 21, 2017; Act No. 14939, Oct. 24, 2017>
CHAPTER VII PENALTY PROVISIONS
| Article 71 (Penalty Provisions) |
| (1) | Any person who forges or falsifies electronic documents in violation of Article 33 (1) or any person who utters the forged or falsified electronic documents knowingly shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won. In such cases, a would-be criminal shall be punished in accordance with an actual offence. <Amended by Act No. 14541, Jan. 17, 2017> |
| (2) | Any person who damages logistics information processed, stored or transmitted by the integrated national logistics information center or through a unit logistics information network, or infringes, pilfers or reveals the classified information thereof, in violation of Article 33 (2) 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. 11473, Jun. 1, 2012; Act No. 14541, Jan. 17, 2017> |
| (3) | Any person who infringes or damages protective measures for the integrated national logistics information center or a unit logistics information network, in violation of Article 33 (5) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 11473, Jun. 1, 2012; Act No. 14541, Jan. 17, 2017> |
| (4) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 14541, Jan. 17, 2017; Act No. 14714, Mar. 21, 2017> |
| 1. | Any person who uses acquired information for any purpose other than its purpose, in violation of Article 29 (4); |
| 1-2. | Any person who fails to store electronic documents or logistics information for a period prescribed by Presidential Decree in violation of Article 33 (3); |
| 2. | Any person who performs international logistics brokerage business without filing for registration of international logistics brokerage business under Article 43 (1). |
| (5) | Deleted. <by Act No. 13374, Jun. 22, 2015> |
| (6) | Any of the following persons shall be punished by a fine not exceeding 30 million won: <Amended by Act No. 13374, Jun. 22, 2015> |
| 1. | Any person who discloses electronic documents or the logistics information, in violation of Article 34 (1); |
| 2. | Any person who makes or uses any false certification mark or misrepresents himself/herself as a certified excellent logistics enterprise by other means, in violation of Article 41 (3). |
| (7) | Any of the following persons shall be punished by a fine not exceeding 10 million won: <Amended by Act No. 11473, Jun. 1, 2012; Act No. 12017, Aug. 6, 2013; Act No. 14714, Mar. 21, 2017; Act No. 15780, Sep. 18, 2018> |
| 1. | Any person who fails to comply with an order to suspend operation of a hazardous material transport vehicle issued under Article 29-3 (2); |
| 1-2. | Any person who fails to submit or report on the data referred to in Article 37-3 (3), or submits or reports on false data; |
| 1-3. | Any person who refuses, interferes with, or evades the investigation referred to in Article 37-3 (4); |
| 1-4. | Any person who uses an accreditation mark or any other mark similar thereto without obtaining accreditation, in violation of Article 60-4 (3); |
| 2. | Any person who allows a third person to use his/her name or trade name or has lent a certificate, a certificate of registration, a certificate of accreditation, or a certificate of qualifications, in violation of Article 66. |
| Article 72 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed, by a corporation or individual, commits an offense described in Article 71 in connection with the affairs of the corporation or individual, not only shall such offender be punished, but the corporation or individual shall also be punished by a fine under each relevant provision: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant affairs in order to prevent such offence. [This Article Wholly Amended by Act No. 9445, Feb. 6, 2009]
| Article 73 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 9445, Feb. 6, 2009; Act No. 11473, Jun. 1, 2012; Act No. 12017, Aug. 6, 2013; Act No. 13374, Jun. 22, 2015; Act No. 14714, Mar. 21, 2017> |
| 1. | Any person who fails to submit materials under Articles 7 (2), 11 (3) (including cases where Article 13 (2) applies mutatis mutandis), or 15 (1) (including cases where Article 16 (2) applies mutatis mutandis) or submits false materials (limited to persons falling under Articles 7 (2) 3, 11 (3) 3, and 15 (1) 3); |
| 1-2. | Any person who fails to file for registration of any changes referred to in Article 43 (2); |
| 2. | Any person who fails to make a report under Article 45; |
| 3. | Any person who continuously uses a certified mark, in violation of Articles 39 (2); |
| 4. | Any person who continuously uses an accreditation mark, in violation of Article 60-6 (2); |
| 5. | Any person who fails to install a terminal device, in violation of Article 29-2 (1); |
| 6. | Any person who fails to inspect and manage a terminal device or fails to keep a terminal device operated, in violation of Article 29-2 (2); |
| 7. | Any person who fails to enter information on transport plan, in violation of Article 29-2 (5) or enters such information falsely; |
| 8. | Any person who refuses, hinders, or evades the access and inspection without just cause, in violation of Article 29-2 (8). |
| (2) | Administrative fines provided in paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9445, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013; Act No. 14541, Jan. 17, 2017> |
| (3) | through (5) Deleted. <by Act No. 9445, Feb. 6, 2009> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures)
Dispositions, procedures and other conducts under the previous Goods Distribution Promotion Act as at the time when this Act enters into force shall be deemed to have taken pursuant to this Act if provisions corresponding thereto exist in this Act. Article 3 (Transitional Measures concerning Master Plans for National Logistics)
| (1) | A master plan for national logistics and a master plan for city logistics formulated pursuant to the previous Goods Distribution Promotion Act as at the time when this Act enters into force shall be deemed a master plan for national logistics and a master plan for the regional logistics until the master plan for national logistics and the master plan for the regional logistics are firstly formulated by this Act. |
| (2) | The execution plan for the national logistics and the master plan for city logistics formulated pursuant to the previous Goods Distribution Promotion Act in the year to which the enforcement date of this Act belongs at the time this Act enters into force shall be deemed the annual execution plan of the master plan for national logistics and the execution plan for regional logistics under this Act until the annual execution plan of the master plan for national logistics and the execution plan for regional logistics are firstly formulated by this Act. |
Article 4 (Transitional Measures concerning Registration and Reporting)
The previous provisions shall apply to the matters for which application for registration, reporting, etc. have been made pursuant to the previous Goods Distribution Promotion Act before this Act enters into force and their procedures are in progress at the time when this Act enters into force. Article 5 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to penalty provisions or administrative fines on acts violating the previous Goods Distribution Promotion Act before this Act enters into force. Article 6 (Transitional Measures concerning Composite Logistics Information Network Business Entities)
| (1) | The Minister of Construction and Transportation shall designate a composite logistics information network business entity meeting the standards for designation under Article 29 (2) and (4) within three years after this Act enters into force. |
| (2) | Any business entity taking charge of the composite logistics information network under the previous Goods Distribution Promotion Act shall be deemed a composite logistics information network business entity (limited to the affairs concerning development and distribution of electronic documents distributed by making use of the composite logistics information network) under Article 29 (2) of this Act until a new composite logistics information network business entity is designated pursuant to paragraph (1). |
Article 7 (Transitional Measures concerning International Logistics Brokerage Business)
| (1) | Any person who has filed for registration of combined freight brokerage business pursuant to the previous Goods Distribution Promotion Act shall be deemed an international logistics brokerage business entity under Article 43 of this Act. |
| (2) | The association of combined freight brokerage business incorporated pursuant to the previous Goods Distribution Promotion Act shall be deemed the association of international logistics brokerage business under Article 48 of this Act. |
Article 8 (Transitional Measures concerning Industrial Standardization Act)
"Korean Industrial Standards under Article 12 of the Industrial Standardization Act" in Article 2 (1) 6 shall be construed as "Korean Industrial Standards under Article 10 of the Industrial Standardization Act", and "Korean Industrial Standards under the Industrial Standardization Act" in Article 24 (1) shall be construed as "Korean Industrial Standards under the Industrial Standardization Act" until May 25, 2008. Article 9 Omitted.
Article 10 (Relationship to other Statutes)
Where the Goods Distribution Promotion Act or the provisions thereof have been cited by other statutes at the time when this Act enters into force, if provisions corresponding thereto exist in this Act, it shall be deemed that this Act or the corresponding provisions in this Act have been cited in lieu of the previous Goods Distribution Promotion Act or the provisions thereof.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9445, Feb. 6, 2009>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Succession of Duties by National Logistics Policies Committee) Previous duties of the National Logistics Policies Committee shall be succeeded by the National Logistics Policies Committee pursuant to the amended provisions of Article 17. |
ADDENDA <Act No. 9772, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11473, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Revocation of Registration of International Logistics Brokerage Business Entities)
The amended provisions of Article 47 (1) 3-2 shall apply, beginning with an international logistics brokerage business entity that suspends his/her business more than one year counting from the date this Act enters into force. Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
When penalty provisions and administrative fines apply to any violations committed before this Act enters into force, the previous provisions shall apply thereto.
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. 12017, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Special Cases of Certification)
The amended provisions of Article 38-2 (1) shall apply, beginning with general logistics enterprises which receive certification pursuant to Article 38 (1) after this Act enters into force; the same shall also apply to enterprises which have received certification as general logistics enterprises at the time this Act enters into force and are recognized to meet the requirements referred to in subparagraphs of paragraph (2) of the same Article as a result of checks carried out under paragraph (3) of the same Article after this Act enters into force. Article 3 (Transitional Measures concerning Establishment of International Logistics Brokerage Business Association)
The International Logistics Brokerage Business Association established by obtaining authorization from the Minister of Land, Infrastructure and Transport pursuant to the previous provisions at the time this Act enters into force shall be deemed to be a logistics-related association established by obtaining authorization from the Minister of Land, Infrastructure and Transport pursuant to the amended provisions of Article 55.
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 from among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts which were promulgated before this Act enters into force but the dates on which they are to enter into force have yet to arrive, shall enter into force on the date each relevant Act enter into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13374, Jun. 22, 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 subparagraph 1 of Article 44 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Certified Enterprises)
Notwithstanding the amended provisions of this Act, a certified general logistics enterprise under the previous Article 38, a certified international logistics brokerage business entity under the previous Article 49-2, a certified business entity under the previous Article 21-3 of the Act on the Development and Management of Logistics Facilities, an accredited business entity under the previous Article 15 of the Trucking Transport Business Act, and the accredited information networks under the previous Article 34-2 of the same Act as at the time this Act enters into force, shall be deemed certified under this Act. Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 44, the previous provisions shall apply to persons with respect to whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429). Article 4 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions or administrative fines to violations committed before this Act enters into force, shall be governed by the previous provisions.
Article 5 Omitted.
ADDENDA <Act No. 14116, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 55 Omitted.
ADDENDUM <Act No. 14541, Jan. 17, 2017>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 71 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14714, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Installation of Terminal Devices)
The owner of a hazardous material transport vehicle subject to installation of a terminal device pursuant to the amended provisions of Article 29-2 (1) as at the time this Act enters into force shall install a terminal device by not later than the date the Minister of Land, Infrastructure and Transport makes a public notice on the basis classified by the types of hazardous materials, maximum load capacity, etc. after consultation with heads of relevant central administrative agencies after this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall respectively enter into force on the enforcement dates of such Acts.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14939, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 15677, Jun. 12, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15729, Aug. 14, 2018>
This Act shall enter into force on December 13, 2018.
ADDENDUM <Act No. 15780, Sep. 18, 2018>
This Act shall enter into force six months after the date of its promulgation.