CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide for matters mandated by the Act on the Search and Rescue, etc. in Waters and those necessary for the enforcement of said Act. <Amended by Presidential Decree No. 26930, Jan. 22, 2016>
| Article 2 (Scope of Institutions Cooperating in Aquatic Rescue and Relief) |
“Public organizations prescribed by Presidential Decree” in subparagraph 6 of Article 2 of the Act on the Search and Rescue, etc. in Waters (hereinafter referred to as the “Act”) means any of the following institutions and organizations: <Amended by Presidential Decree No. 24340, Jan. 28, 2013; Presidential Decree No. 26930, Jan. 22, 2016> | 1. | Deleted; <by Presidential Decree No. 26930, Jan. 22, 2016> |
| 2. | Public health and medical institutions under subparagraph 3 of Article 2 of the Public Health and Medical Services Act [excluding the Korean Red Cross (hereinafter referred to as the "Korean Red Cross") established under the Organization of the Republic of Korea National Red Cross Act]; |
| 3. | and 4. Deleted; <by Presidential Decree No. 26930, Jan. 22, 2016> |
| 6. | Research institutes that specialize in maritime affairs, fisheries, or aquatic rescue and relief; |
| 7. | Other institutions and organizations equipped with human resources and equipment necessary for aquatic rescue and relief. |
| Article 3 (Top Priority in Aquatic Rescue and Relief) |
The top priority in aquatic rescue and relief shall be given to the safeguarding of the lives of civilians.
CHAPTER II PREPARATION AGAINST AQUATIC ACCIDENTS
| Article 4 (Organization and Operation of Central Rescue Headquarters) |
| (1) | The central rescue headquarters under Article 5 (1) of the Act (hereinafter referred to as the "central rescue headquarters") shall have one head, one deputy head, one central coordinator, and other personnel necessary for the execution of its missions. |
| (2) | The Commissioner of the Korea Coast Guard shall serve as the head of the central rescue headquarters (hereinafter referred to as the "head of the central rescue headquarters"), while the deputy head, the central coordinator, and other personnel shall be appointed by the Commissioner of the Korea Coast Guard, from among public officials of the Korea Coast Guard. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| (3) | The head of the central rescue headquarters shall administer the following affairs: <Amended by Presidential Decree No. 26930, Jan. 22, 2016> |
| 1. | Overall administration and coordination of measures for aquatic rescue and relief; |
| 1-2. | Implementation of basic training against aquatic accidents (hereinafter referred to as "basic training against aquatic accidents") under Article 5-2 (1) of the Act; |
| 2. | Command and control of rescue and relief activities at the scene of a large scale aquatic accident under Article 17 (4) of the Act; |
| 3. | Cooperation with related institutions and organizations in aquatic rescue and relief operations at sea (hereinafter referred to as “maritime rescue and relief operations”); |
| 4. | Cooperation with international organizations and foreign institutions in maritime rescue and relief operations; |
| 5. | Establishment of guidelines for rescue and relief operations necessary for joint exercises and joint search and rescue with rescue teams dispatched from institutions cooperating in aquatic rescue and relief and other related institutions and organizations; |
| 6. | Execution of an implementation plan to prepare against aquatic accidents under Article 4 (2) of the Act (hereinafter referred to as “implementation plan to prepare against aquatic accidents”); |
| 7. | Expansion, distribution, etc. of equipment for aquatic rescue and relief; |
| 8. | Command and supervision over regional rescue headquarters (hereinafter referred to as “regional rescue headquarters”) and local rescue headquarters (hereinafter referred to “local rescue headquarters”) under Article 5 (2) of the Act; |
| 9. | Other necessary matters concerning efficient maritime rescue and relief operations. |
| (4) | The deputy head of the central rescue headquarters shall assist the head of the central rescue headquarters and shall act on his or her behalf when the head of the central rescue headquarters is unable to perform his or her duties due to extenuating circumstances. |
| (5) | The central coordinator shall assist the head and the deputy head of the central rescue headquarters, exercise overall control over rescue and relief services as instructed by the head of the central rescue headquarters, and lead and supervise personnel of the central rescue headquarters. |
| Article 5 (Organization and Operation of Regional and Local Rescue Headquarters) |
| (1) | Each regional rescue headquarters shall have one head and one regional coordinator, and each local rescue headquarters shall have one head and one local coordinator; and each regional or local rescue headquarters shall have personnel necessary for the execution of its missions. |
| (2) | The commander of a regional coast guard headquarters shall serve as the head of each regional rescue headquarters (hereinafter referred to as the “head of each regional rescue headquarters”), and the metropolitan coordinator and personnel of each regional rescue headquarters shall be appointed by the commander of a regional coast guard headquarters, from among public officials of the regional headquarters of the Korea Coast Guard, and the chief of each coast guard station shall serve as the head of each local rescue headquarters (hereinafter referred to as the “head of a local rescue headquarters”), and a local coordinator and personnel of each local rescue headquarters shall be appointed by the chief of each coast guard station, from among public officials of the coast guard station. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| (3) | The head of a regional rescue headquarters shall administer the following activities: |
| 1. | Administration, coordination, and command of aquatic rescue and relief operations in the waters within the jurisdiction of the regional rescue headquarters and cooperation with related institutions and foreign agencies; |
| 2. | Conducting aquatic rescue and relief operations in its jurisdictional waters; |
| 3. | Organization and operation of rescue teams and command and control over rescue and relief activities of rescue teams; |
| 4. | Sharing duties of aquatic rescue and relief and command and control with institutions cooperating in aquatic rescue and relief and private organizations for aquatic rescue and relief within its jurisdiction; |
| 6. | Management and operation of regional telecommunications networks for maritime rescue and relief operations; |
| 7. | Other matters delegated or instructed by the head of the central rescue headquarters. |
| (4) | The head of each local rescue headquarters shall administer the following activities for maritime rescue and relief operations as coordinated and instructed by the head of the competent regional rescue headquarters: |
| 1. | Conducting activities for aquatic rescue and relief in its jurisdictional waters; |
| 2. | Organization and operation of rescue teams and command and control over rescue and relief activities of rescue teams; |
| 3. | Sharing duties of aquatic rescue and relief and command and control with institutions cooperating in aquatic rescue and relief and private organizations for aquatic rescue and relief within its jurisdiction in activities; |
| 4. | Other matters delegated or instructed by the head of the central rescue headquarters or the head of the competent regional rescue headquarters. |
| (5) | The regional coordinator of a regional rescue headquarters or the local coordinator of a local rescue headquarters shall assist the head of the competent headquarters, command and supervise rescue teams and personnel of the rescue headquarters as ordered by the head of the headquarters, and shall act on behalf of the head of the headquarters, when the head of the headquarters is unable to perform his or her duties due to extenuating circumstances. |
| (6) | The head of a local rescue headquarters may request the head of the competent regional rescue headquarters to assist him or her with rescue teams and equipment necessary for aquatic rescue and relief or in cooperation with related institutions. |
| (7) | The name, location, and jurisdictional waters of each regional or local rescue headquarters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| Article 5-2 (Implementation of Basic Training against Aquatic Accidents) |
| (1) | The head of the central rescue headquarters shall implement basic training against aquatic accidents at least once a year. |
| (2) | In order to efficiently implement basic training against aquatic accidents, the head of the central rescue headquarters may formulate a plan for basic training against aquatic accidents for the relevant year, including the following matters, and may notify the heads of institutions cooperating in aquatic rescue and relief, private organizations for aquatic rescue and relief, etc. under Article 5-2 (1) of the Act (hereinafter referred to as "institutions participating in training"), of the aforementioned plan: |
| 1. | Objectives of basic training against aquatic accidents; |
| 2. | Range of institutions participating in training; |
| 3. | Type of basic training against aquatic accidents; |
| 4. | Other matters concerning the implementation of basic training against aquatic accidents. |
| (3) | Where it is deemed necessary, the head of the central rescue headquarters may request ship owners (referring to persons who own passenger ships, fishing vessels, etc.) who are not institutions participating in training to let their ships and captains, crew members, etc. of the relevant ships participate in basic training against aquatic accidents. |
| (4) | The head of the central rescue headquarters shall notify the heads of institutions participating in training (where ships and captains, crew members, etc. of the relevant ships participate in basic training against aquatic accidents pursuant to paragraph (3), the relevant ship owners are included), of the date and time, place, and methods of training, and other matters necessary for basic training against aquatic accidents, not later than seven days before the implementation of basic training against aquatic accidents: Provided, That where there exist extenuating circumstances, he or she may give notice by the day before the implementation of basic training against aquatic accidents. |
| (5) | The head of the central rescue headquarters may provide preliminary training for basic training against aquatic accidents to those participating in basic training against aquatic accidents under paragraphs (3) and (4). |
| (6) | The head of the central rescue headquarters may reimburse ship owners participating in basic training against aquatic accidents pursuant to paragraph (3) for expenses incurred in participating in training, within the budget. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for methods, etc. of basic training against aquatic accidents shall be determined by the head of the central rescue headquarters. |
[This Article Newly Inserted by Presidential Decree No. 26930, Jan. 22, 2016]
| Article 5-3 (Reporting on Results Achieved in Implementation of Basic Training against Aquatic Accidents) |
The Commissioner of the Korea Coast Guard shall report the results achieved in the implementation of basic training against aquatic accidents to the competent standing committee of the National Assembly of the Republic of Korea in writing by the end of February of the following year, pursuant to Article 5-2 (2) of the Act. <Amended by Presidential Decree No. 28217, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 26930, Jan. 22, 2016]
| Article 6 (Organization of Central Maritime Rescue and Relief Committee) |
| (1) | The Central Maritime Rescue and Relief Committee under Article 6 (1) of the Act (hereinafter referred to as the “Central Countermeasure Committee”) shall be comprised of not more than 20 members, including one chairperson and one vice chairperson. |
| (2) | The deputy head of the central rescue headquarters shall serve as the chairperson of the Central Countermeasure Committee, and the central coordinator of the central rescue headquarters shall serve as its vice chairperson. |
| (3) | The following persons shall become members of the Central Countermeasure Committee: <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 27371, Jul. 22, 2016; Presidential Decree No. 28217, Jul. 26, 2017> |
| 1. | Public officials designated by the head of each competent ministry or agency, from among public officials of the Ministry of Foreign Affairs, the Ministry of Unification, the Ministry of Justice, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, the Ministry of Oceans and Fisheries, the National Fire Agency, and the Korea Meteorological Administration; |
| 2. | Persons commissioned by the head of the central rescue headquarters from among any of the following persons: |
| (a) | Executive officers and employees of organizations related to marine salvage or ship business; |
| (b) | Civilian maritime rescue team members; |
| (c) | Persons who have extensive knowledge and experience in aquatic rescue, medicine, jurisprudence, or social welfare studies. |
| (4) | The term of office of each committee member under paragraph (3) 2 shall be two years. |
| Article 6-2 (Dismissal of Members) |
| (1) | A person who has appointed a member of the Central Countermeasure Committee pursuant to Article 6 (3) 1, may withdraw his or her appointment where the member falls under any of the following: |
| 1. | Where the member is unable to perform his or her duties due to a mental disorder; |
| 2. | Where the member has committed any wrongdoing in relation to his or her duties; |
| 3. | Where the member is deemed inappropriate for a member for neglect of duties, injury to dignity, or other reasons; |
| 4. | Where the member personally expresses that it is impracticable for him or her to perform his or her duties. |
| (2) | Where a member of the Central Countermeasure Committee under Article 6 (3) 2 falls under any subparagraph of paragraph (1), the head of the central rescue headquarters may dismiss the relevant member. |
[This Article Newly Inserted by Presidential Decree No. 26930, Jan. 22, 2016]
| Article 7 (Organization of Regional or Local Countermeasure Committees for Maritime Rescue and Relief Operations) |
| (1) | A regional or local countermeasure committee for maritime rescue and relief operations under Article 6 (2) of the Act (hereinafter referred to as a “regional or local countermeasure committee”) shall be comprised of not less than five, but not exceeding 20 members, including one chairperson and one vice chairperson. |
| (2) | The head of a regional rescue headquarters shall serve as the chairperson of a regional committee for maritime rescue and relief operations (hereinafter referred to as a “regional countermeasure committee”), and the regional coordinator shall serve as its vice chairperson, while committee members shall be the following persons: <Amended by Presidential Decree No. 25985, Jan. 6, 2015; Presidential Decree No. 28870, May 8, 2018> |
| 1. | Public officials appointed by the head of each competent agency or local government, from among public officials of a regional postal service, the National Quarantine Station, a regional meteorological administration, a regional office of oceans and fisheries, a regional maritime safety tribunal, the Naval Fleet Command, the Fighter Wing of the Air Force, a Metropolitan City/Do/Special Self-Governing Province, a regional fire and disaster headquarters, a customs office, an immigration office, or a local immigration office; |
| 2. | Persons commissioned by the head of the regional rescue headquarters, from among executive officers and employees of the Korean Red Cross, a regional fisheries cooperative, or branches or sub-branches of Korea Shipping Association, executive officers and employees of private rescue teams, owners of ships, etc., and other persons who have extensive knowledge and experience in aquatic rescue and relief. |
| (3) | The head of a local rescue headquarters shall serve as the chairperson of a local committee for maritime rescue and relief operations (hereinafter referred to as “local countermeasure committee”), and the local coordinator shall serve as its vice chairperson, and the following persons shall become committee members: <Amended by Presidential Decree No. 25985, Jan. 6, 2015; Presidential Decree No. 28870, May 8, 2018> |
| 1. | Public officials appointed by the head of each agency or local government, from among public officials of the post office, the National Quarantine Station or its branch office, a regional meteorological administration or office, a regional office of oceans and fisheries or a district office of oceans and fisheries or its branch office, a regional maritime safety tribunal, the Naval Fleet Command, the Fighter Wing of the Air Force, a customs office, an immigration office or local immigration office, a Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply), and a fire station; |
| 2. | Persons commissioned by the head of the local rescue headquarters, from among executive officers and employees of the Korean Red Cross, a regional fisheries cooperative, or branches or sub-branches of Korea Shipping Association, executive officers and employees of private rescue teams, owners of ships, etc., and other persons who have extensive knowledge and experience in aquatic rescue and relief. |
| (4) | The term of office of each committee member under paragraphs (2) 2 and (3) 2 shall be two years. |
| Article 7-2 (Dismissal of Members) |
| (1) | A person who has appointed a member of a regional countermeasure committee pursuant to Article 7 (2) 1, may withdraw his or her appointment where the member falls under any subparagraph of Article 6-2 (1). |
| (2) | Where a member of a regional countermeasure committee under Article 7 (2) 2 falls under any subparagraph of Article 6-2 (1), the head of the relevant regional rescue headquarters may dismiss the relevant member. |
| (3) | Paragraphs (1) and (2) shall apply to the withdrawal of appointment and dismissal of a member under the subparagraphs of Article 7 (3). In such cases, the "head of a regional rescue headquarters" shall be construed as the "head of a regional rescue headquarters". |
[This Article Newly Inserted by Presidential Decree No. 26930, Jan. 22, 2016]
| Article 8 (Functions of Central Countermeasure Committee) |
The Central Countermeasure Committee shall discuss and coordinate the following affairs: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 27371, Jul. 22, 2016; Presidential Decree No. 28217, Jul. 26, 2017>
| 1. | Institutional improvement necessary for maritime rescue and relief operations; |
| 2. | Cooperation in business to provide assistance with human resources, budgeting, supplies, equipment, facilities, etc. necessary for formulation and implementation of a master plan to prepare against aquatic accidents under Article 4 (1) of the Act (hereinafter referred to as “master plan to prepare against aquatic accidents”) and implementation plans to prepare against aquatic accidents; |
| 3. | Collection and exchange of information about maritime rescue and relief operations; |
| 4. | Cooperation with regional and local countermeasure committees; |
| 5. | Matters necessary to perform international agreements on search and rescue at sea; |
| 6. | Matters regarding permission for foreign rescue teams to enter jurisdictional waters and assistance to foreign rescue teams in rescue and relief operations under Article 22 (1) of the Act; |
| 7. | Adjustment of jurisdictional zones for maritime rescue and relief operations and emergency evacuation of ships; |
| 8. | Research and development of technologies for the development of maritime rescue and relief operations; |
| 10. | Necessary matters concerning the provision of compensation under Article 29 (3) of the Act, such as whether a person is eligible for compensation or the amount of compensation; |
| 11. | Adjustment of roles among rescue institutions in relation to joint salvage of ships for navigation in inland waters, which operate in international oceans; |
| 12. | Other matters which the Commissioner of the Korea Coast Guard or the chairperson of the Central Countermeasure Committee deems necessary for maritime rescue and relief operations and refers to the Committee for deliberation. |
| Article 9 (Functions of Regional or Local Countermeasure Committee) |
A regional or local countermeasure committee shall discuss and coordinate the following affairs:
| 1. | Coordination in the formulation and implementation of its own plan according to the master plan to prepare against aquatic accidents; |
| 2. | Cooperation in business to provide assistance with human resources, supplies, equipment, facilities, etc. necessary for maritime rescue and relief operations; |
| 3. | Education and training necessary for maritime rescue and relief operations; |
| 4. | Cooperation with private rescue teams in rescue; |
| 5. | Matters necessary to perform international agreements on search and rescue at sea; |
| 6. | Other matters which the chairperson of the regional or local countermeasure committee deems necessary for maritime rescue and relief operations and refers to the committee for deliberation. |
| Article 10 (Chairperson’s Duties) |
| (1) | The chairpersons of the Central Countermeasure Committee and regional and local countermeasure committees (hereinafter referred to as the “Countermeasure Committee”) shall represent their respective Countermeasure Committee and shall administer all affairs their said Committee. |
| (2) | The vice chairperson of the Countermeasure Committee shall assist the committee chairperson and shall act on behalf of the committee chairperson where the committee chairperson is unable to perform his or her duties due to extenuating circumstances. |
| Article 11 (Countermeasure Committee Meetings) |
| (1) | The Commissioner of the Korea Coast Guard or the chairperson of the Central Countermeasure Committee may, when deemed necessary, convene a meeting of the Central Countermeasure Committee, and the chairperson of a regional or local countermeasure committee may, when deemed necessary, convene a meeting of such committee. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| (2) | A majority of the members of the Countermeasure Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | The chairperson of the Countermeasure Committee may hold a meeting by function or issue area, with the attendance of relevant committee members only, notwithstanding paragraph (2), when deemed necessary in light of the distinct nature of maritime rescue and relief operations. In such cases, any decision thereof shall require the concurring vote of a majority of those present. |
| (4) | The chairperson of the Central Countermeasure Committee shall, where necessary, give notice of the resolution adopted at a meeting of the Central Countermeasure Committee (including meetings falling under paragraph (3)) to the heads of related institutions by issue area. |
| (5) | The chairperson of a regional countermeasure committee shall, without delay, report a resolution adopted at a meeting of the regional countermeasure committee (including meetings falling under paragraph (3)) to the head of the central rescue headquarters and shall notify the heads of related institutions thereof by issue area, where necessary, while the chairperson of a local countermeasure committee shall, without delay, report a resolution adopted at a meeting of the local countermeasure committee (including meetings under paragraph (3)) to the head of the competent regional rescue headquarters. <Amended by Presidential Decree No. 25753, Nov. 19, 2014> |
| (6) | Where necessary to conduct the preliminary examination of agenda items referred to the Countermeasure Committee or to execute a resolution, the chairperson of the Countermeasure Committee may convene an executive meeting which consists of working-level personnel, including liaison officers designated pursuant to Article 15 (1). |
| Article 12 (General Affairs of the Countermeasure Committee) |
| (1) | The Countermeasure Committee shall have one executive secretary and one clerk in order to perform its general affairs. |
| (2) | The executive secretary and clerk of the Countermeasure Committee shall be appointed by its chairperson, from among public officials of the competent government agency. |
| (3) | The Countermeasure Committee shall prepare and keep minutes of meeting. |
| Article 13 (Allowances and Travel Expenses) |
The committee members who attend a meeting of the Countermeasure Committee may be reimbursed for allowances and travel expenses within the budget: Provided, That the foregoing shall not apply to the committee members who attend at a meeting as public officials in direct connection with their duties.
| Article 14 (Detailed Regulations on Operation of the Countermeasure Committee) |
Except as otherwise provided for in this Decree, matters necessary for the operation of the Countermeasure Committee shall be determined by the chairperson of the Countermeasure Committee, subject to prior resolution thereon by the Countermeasure Committee.
| Article 15 (Designation of Liaison Officers) |
| (1) | The head of the central rescue headquarters may request the head of a related administrative agency specified in Article 6 (3) 1, the head of a regional rescue headquarters may request the head of a related administrative agency specified in Article 7 (2) 1, and the head of a local rescue headquarters may request the head of a related administrative agency specified in Article 7 (3) 1, to designate a liaison officer who shall take exclusive charge of liaison with related institutions and executive affairs with regard to maritime rescue and relief operations. |
| (2) | The head of the central rescue headquarters or of a regional or local rescue headquarters (hereinafter referred to as the “head of a rescue headquarters”) shall establish a telecommunications system and maintain and manage a network of emergency contacts to enable prompt communication and interaction with liaison officers under paragraph (1) to occur. |
| Article 16 (Organization and Operation of Rescue Teams and EMS Teams) |
| (1) | Rescue teams under Article 7 (1) of the Act shall be organized and operated as follows: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| 1. | Coast Guard Rescue Team: More than one rescue team that each coast guard station shall organize and operate for conducting search and rescue activities and relief operations in order to save human lives, etc. safely from a distress situation or other emergencies; |
| 2. | Korea Coast Guard Special Rescue Unit: A rescue team that the central rescue headquarters shall organize and operate in order to conduct rescue and relief activities as deemed necessary in an extraordinary situation, such as a massive shipwreck at sea or rescue of human lives from a ship on fire, and to train police officials of the Korea Coast Guard (hereinafter referred to as “Korea Coast Guard police officer”), civilian maritime rescue team members, and other persons engaging in rescuing human life from marine accidents. |
| (2) | Pursuant to Article 7 (1) of the Act, the head of each rescue headquarters shall organize and operate an EMS team with a ship and an aircraft equipped with first aid facilities. |
| (3) | The head of the central rescue headquarters shall operate an educational institution for the acquisition and maintenance of qualifications under Article 17 (2) 3 and 4 in order to ensure the smooth operation of EMS teams under paragraph (2). |
| Article 17 (Standards for Qualification of Members of Rescue Teams and EMS Teams) |
| (1) | To qualify as a member of a rescue team, a person shall be a Korea Coast Guard police officer who meets any of the following prerequisites: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| 1. | A person specially employed for rescue; |
| 2. | A person who has completed an educational course provided by the Commissioner of the Korea Coast Guard on rescue of human life; |
| (2) | To qualify as a member of an EMS team, a person shall be a Korea Coast Guard police officer who meets any of the following prerequisites: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| 4. | A person who has completed an educational course on rescue and relief operations conducted by the Commissioner of the Korea Coast Guard. |
CHAPTER III AQUATIC RESCUE AND RELIEF
| Article 18 (Notification of Towage) |
When the head of a rescue headquarters intends to instruct a person who owns or operates a towing ship and other necessary equipment to tow a ship, aircraft, or leisure watercraft (hereinafter referred to as “ship or craft”) in distress or take other necessary measures for such ship or craft pursuant to Article 16 (3) of the Act, he or she shall notify the master, owner, operator, or manager of the ship or craft in distress (hereinafter referred to as “master or person concerned”) thereof so that they can negotiate on expenses incurred in taking such measures, etc. with one another: Provided, That the foregoing shall not apply where the master or person concerned of the ship or craft in distress is unknown or to emergency cases.
| Article 19 (Aquatic Accidents in Which Head of Central Rescue Headquarters or Fire Commissioner of the National Fire Agency May Be in Control at the Scenes of the Accidents) |
"Aquatic accident of a scale larger than that prescribed by Presidential Decree" in Article 17 (4) of the Act means an aquatic accident where the head of the central rescue headquarters or the Fire Commissioner of the National Fire Agency finds the damage to human life or property is significantly severe or its social and economic impact is extensive. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
| Article 19-2 (Commanding Post of Aquatic Rescue and Relief Activities) |
The commanding post of aquatic rescue and relief activities under Article 17 (6) of the Act shall be any of the following places, which has the broadcasting and information and communications systems for the swift collection and dissemination of information related to aquatic rescue and relief and for the management and provision of resources for aquatic rescue and relief: | 1. | The scene of an accident or a place, such as a ship near the scene of an accident; |
| 2. | A place, such as the situation room established in the Rescue Headquarters. |
[This Article Newly Inserted by Presidential Decree No. 30207, Nov. 12, 2019]
| Article 20 (Salvage of Small Ships) |
| Article 21 (Extent of Actual Cost Incurred in Towing Ship or Craft in Distress) |
The extent of the actual cost incurred in towing a ship or craft in distress under the latter part of subparagraph 2 of Article 21 of the Act is as follows: | 1. | The cost of fuel consumed in towing the ship or craft in distress; |
| 2. | Labor costs, and equipment and facilities expenses incurred in towing the ship or craft in distress. |
| Article 22 (Permission for Foreign Rescue Teams’ Entry into Territories) |
| (1) | Pursuant to Article 22 (1) of the Act, a foreign rescue team that intends to obtain entry permission in order to enter territorial waters, land, or airspace shall file an application with the head of the central rescue headquarters, stating the following matters therein: Provided, That such application may be transmitted by a wireless telecommunications system or similar means under emergency circumstances, but even in such cases, a written application shall be submitted after aquatic rescue and relief activities are completed: |
| 1. | The name, type, and identification number of the ship, aircraft, etc. subject to permission; |
| 2. | The objective of activities; |
| 3. | The operational area, seaway or airway, and schedule; |
| 4. | The number of personnel of the rescue team and the list of major rescue equipment; |
| 5. | Other matters specified in a treaty concluded between the two countries. |
| (2) | Upon receipt of an application under paragraph (1), the head of the central rescue headquarters shall convene a meeting of the Central Countermeasure Committee and consult thereon with related administrative agencies before granting entry permission: Provided, That he or she may consult with related administrative agencies without holding a meeting of the Central Countermeasure Committee, if there is an urgent need to conduct rescue operations. |
| Article 23 (Dispatch of Rescue Teams Abroad) |
| (1) | When the head of the central rescue headquarters intends to dispatch a rescue team abroad pursuant to Article 23 (1) of the Act, he or she shall, in advance, consult with the competent authority of the country concerned on the ships and aircraft to be dispatched, the operational area, etc. |
| (2) | The head of the central rescue headquarters shall convene a meeting of the Central Countermeasure Committee and consult thereon with related administrative agencies before initiating consultation under paragraph (1): Provided, That he or she may consult with related administrative agencies without holding a meeting of the Central Countermeasure Committee, if there is an urgent need to conduct rescue operations. |
| (3) | When the head of the central rescue headquarters dispatches a rescue team abroad following consultation under paragraph (1), he or she shall, without delay, notify related administrative agencies thereof. |
| Article 24 (Organization and Operation of Joint Investigative Team for Massive Disasters) |
| (1) | A Korea Coast Guard police officer shall serve as the head of an investigative team organized to jointly investigate a massive disaster under the main clause of Article 25 (1) of the Act (hereinafter referred to as “investigative team”). <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| (2) | The head of an investigative team shall exercise general supervision over the affairs of the investigative team under the command of the Commissioner of the Korea Coast Guard and shall lead and supervise personnel of the investigative team. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| (3) | The Commissioner of the Korea Coast Guard may organize and operate a specialized investigative team according to the type and scale of damage from a disaster, if specialized investigations are required. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| (4) | Other matters necessary for the organization and operation of an investigative team shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
CHAPTER IV MARITIME RESCUE AND SALVAGE ASSOCIATION OF KOREA
| Article 25 (Mandatory Provisions of Articles of Association) |
The articles of association of the Maritime Rescue and Salvage Association of Korea under Article 26 (1) of the Act (hereinafter referred to as the “Association”) shall include the following: | 4. | Business activities for the operation of the Association; |
| 5. | Acquisition and forfeiture of membership; |
| 7. | Property and accounting; |
| 8. | The number of executive officers, terms of office, and appointment thereof; |
| 9. | Organs and organization; |
| 10. | General meeting and the board of directors; |
| 11. | Amendment of its articles of association. |
| Article 26 (Operation of Association) |
Expenses incurred in the operation of the Association shall be covered from membership fees, revenue from business activities, etc.
| (1) | If the Commissioner of the Korea Coast Guard deems it necessary for the supervision of the Association under Article 26 (3) of the Act, he or she may require the Association to submit a report or materials on its operations or may allow public officials under his or her jurisdiction to inspect its operations. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| (2) | Each business plan and budget of the Association shall be subject to approval by the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| Article 28 (Members of Association) |
“Person specified by Presidential Decree” in subparagraph 4 of Article 28 of the Act means any of the following persons: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> | 1. | A person who holds a master’s or doctoral degree in a relevant field of oceanography or fisheries; |
| 2. | A company, organization, or institution related to salvage, shipbuilding, maritime affairs, or fisheries or a staff member of such company, organization, or institution; |
| 3. | A person who has served as a Korea Coast Guard police officer for at least five years; |
| 4. | A person recognized by the Commissioner of the Korea Coast Guard as the one closely involved in aquatic rescue and relief. |
CHAPTER V ASSISTANCE IN PRIVATE RESCUE ACTIVITIES
| Article 29 (Persons Excluded from Activities for Aquatic Rescue and Relief) |
| 1. | A person of less than 14 years of age; |
| 2. | A person under adult guardianship or limited guardianship, or a person deemed incompetent for activities for aquatic rescue and relief on any other ground. |
| Article 30 (Criteria and Procedure for Medical Treatment and Payment of Compensation) |
Subparagraph 5 of Article 2 and Articles 6, 6-2, 8, 10, 18, and 19 of the Act on Honorable Treatment of and Support for Persons Who Died or Were Injured for Public Good and Articles 2, 11, 12, 14, 15, and 18 of the Enforcement Decree of the aforesaid Act regarding compensation to bereaved families of persons who died for public good and to persons who died or were injured for public good, the extent and grades of wounds, and the amount of compensation for each grade of wound, shall apply mutatis mutandis to the criteria and procedure for the medical treatment and payment of compensation under Article 29 (5) of the Act. <Amended by Presidential Decree No. 27371, Jul. 22, 2016>
| Article 30-2 (Procedures for Providing Medical Treatment to Persons Ineligible for Compensation) |
| (1) | Where a person who has engaged in aquatic rescue and relief operations pursuant to Article 29 (1) of the Act (hereinafter referred to as "person engaging in rescue and relief operations"), has sustained injuries that do not meet the standards for compensation under paragraph (5) of the aforementioned Article and intends to receive medical treatment pursuant to paragraph (7) of the aforementioned Article, he or she shall submit an application for medical treatment (including an application in an electronic form) to the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, or the Special Self-Governing Province Governor having jurisdiction over an area where an accident occurred (hereafter in this Article referred to as the "head of a competent local government") following confirmation by the chief of a coast guard station or the head of a fire station, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 28217, Jul. 26, 2017> |
| (2) | The head of a competent local government who has received an application for medical treatment under paragraph (1) (hereinafter referred to as "application for medical treatment") shall designate a medical institution where a person who has submitted an application for medical treatment (hereinafter referred to as "applicant") is to receive medical treatment among medical institutions under Article 3 of the Medical Service Act (referring to the medical institutions located in an area within the jurisdiction of the relevant local government; hereinafter referred to as "medical institution") and shall notify the applicant of the designated medical institution, without delay. |
| (3) | Where the location, medical technology, etc. of a medical institution designated by the head of a competent local government pursuant to paragraph (2) are not appropriate to treat an applicant or there exist extenuating circumstances, the applicant may request the head of the relevant local government to designate another medical institution. |
| (4) | The head of a competent local government in receipt of a request under paragraph (3) shall review whether to designate another medical institution and notify the applicant of the result of such review, without delay. |
| (5) | Where the applicant receives medical treatment at a medical institution designated pursuant to paragraphs (2) and (4), the competent local government shall bear his or her medical expenses. In such cases, the State may fully or partially subsidize the medical expenses borne by the relevant local government. |
| (6) | Except as provided for in paragraphs (1) through (5), detailed matters necessary for procedures for providing medical treatment to, or bearing expenses for, persons who sustain injuries not meeting standards for compensation under Article 29 (5) of the Act from among persons engaging in rescue and relief operations, shall be determined and publicly notified by the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 28217, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27371, Jul. 22, 2016]
| Article 30-3 (Administration of Qualifying Examinations for Aquatic Rescue Technicians) |
| (1) | Qualifying examinations for aquatic rescue technicians under Article 30-2 (2) of the Act (hereinafter referred to as "qualifying examination") shall be administered as the occasion arises. |
| (2) | Where the Commissioner of the Korea Coast Guard intends to administer a qualifying examination, he or she shall publicly announce the date, time, and place of the examination, and other matters necessary for administration of the qualifying examination not later than two months before the date of the examination. <Amended by Presidential Decree No. 28217, Jul. 26, 2017> |
| (3) | Where there are extenuating circumstances under which the Commissioner of the Korea Coast Guard is unable to administer a qualifying examination as publicly announced pursuant to paragraph (2), he or she may alter the details of the public announcement under paragraph (2). In such cases, he or she shall publicly announce the details of alterations not later than seven days prior to the date of the qualifying examination. <Newly Inserted by Presidential Decree No. 29966, Jul. 9, 2019> |
| (4) | Any person who intends to apply for a qualifying examination shall submit an application for examination prescribed by Ordinance of the Ministry of Oceans and Fisheries to the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 28217, Jul. 26, 2017; Presidential Decree No. 29966, Jul. 9, 2019> |
[This Article Newly Inserted by Presidential Decree No. 27371, Jul. 22, 2016]
| Article 30-4 (Qualification for Applying for Qualifying Examinations) |
Any person who intends to apply for a qualifying examination shall complete a curriculum of at least 64 hours at a related organization or institution (hereinafter referred to as "educational institution") designated by the Commissioner of the Korea Coast Guard pursuant to Article 30-2 (2) of the Act. <Amended by Presidential Decree No. 28217, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 27371, Jul. 22, 2016]
| Article 30-5 (Methods of Examination and Subjects for Examination) |
| (1) | A qualifying examination shall be administered by means of a practical examination. |
| (2) | Subjects for the qualifying examination and points for each subject shall be as follows: <Amended by Presidential Decree No. 29966, Jul. 9, 2019> |
| 1. | Swimming style: 15 points; |
| 2. | Rescue swimming: 15 points; |
| 3. | Rescue by using equipment: 15 points; |
| 3-2. | Basic rescue: 20 points; |
| 4. | Comprehensive rescue: 20 points; |
| 6. | Use of rescue equipment: 5 points. |
| (3) | The successful examinees shall be the persons whose total score for all subjects is at least 60 points out of a perfect score of 100 points, and who gain points of at least 40 percent of the perfect score of each subject. |
[This Article Newly Inserted by Presidential Decree No. 27371, Jul. 22, 2016]
| Article 30-6 (Other Matters Necessary for Qualifying Examinations) |
Except as provided for in Articles 30-3 through 30-5, matters necessary for procedures for, or methods of, administering qualifying examinations, subjects for examination, or evaluation standards shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 28217, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 27371, Jul. 22, 2016]
| Article 30-7 (Qualifying Examination Fees) |
Any person who intends to apply for a qualifying examination shall pay an examination fee, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 28217, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 27371, Jul. 22, 2016]
| Article 30-8 (Entrustment of Affairs concerning Administration of Qualifying Examinations) |
| (1) | The Commissioner of the Korea Coast Guard may entrust affairs concerning the implementation of qualifying examinations to any of the following specialized institutions pursuant to Article 30-2 (7) of the Act: <Amended by Presidential Decree No. 28217, Jul. 26, 2017; Presidential Decree No. 29966, Jul. 9, 2019> |
| 1. | Non-profit corporation established after obtaining permission from the Commissioner of the Korea Coast Guard pursuant to Article 32 of the Civil Act; |
| 3. | In addition to specialized institutions under subparagraphs 1 and 2, institutions or organizations which the Commissioner of the Korea Coast Guard deems appropriate to conduct affairs concerning the implementation of qualifying examinations. |
| (2) | Where the Commissioner of the Korea Coast Guard entrusts affairs to an institution pursuant to paragraph (1), he or she shall provide public notice of such institution. <Amended by Presidential Decree No. 28217, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27371, Jul. 22, 2016]
| Article 30-9 (Notification of Personal Information Related to Grounds for Disqualification for Aquatic Rescue Technicians) |
| 1. | The Minister of Health and Welfare; |
| 2. | The Commissioner of the Military Manpower Administration; |
| 3. | Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply); |
| 4. | The Chief of Staff of the Republic of Korea Navy, the Chief of Staff of the Republic of Korea Air Force, the Commander of each Army of the Republic of Korea Army, and the Commander of the Armed Forces Medical Command; |
| (2) | Personal information required to be provided by each person falling under the subparagraphs of paragraph (1) to the Commissioner of the Korea Coast Guard pursuant to Article 30-3 (2) of the Act shall be as specified in attached Table 1, which is related to grounds for disqualification for aquatic rescue technicians falling under paragraph (1) 2 and 3 of that Article. |
| (3) | Persons falling under the subparagraphs of paragraph (1) shall provide personal information under paragraph (2) to the Commissioner of the Korea Coast Guard at least once every six months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Presidential Decree No. 29966, Jul. 9, 2019]
[Previous Article 30-9 moved to Article 30-11 <by Presidential Decree No. 29966, Jul. 9, 2019>]
| Article 30-10 (Purchasing Insurance, etc.) |
| (1) | The head of an educational institution shall have insurance policies or join a mutual aid association (hereinafter referred to as "insurance, etc.") that meets each of the following requirements pursuant to Article 30-9 (1) of the Act: |
| 1. | Period of coverage: Policies shall provide continuous coverage for the entire period of education; |
| 2. | Insured persons or persons to whom mutual aid is to be provided: Aquatic rescue technician trainees and educational institution employees shall be the insured persons or persons to whom mutual aid is to be provided; |
| 3. | Amount of coverage: The amount shall be not less than the amount specified in Article 3 (1) of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act. |
| (2) | The head of an educational institution shall post a notice containing matters concerning the period of coverage concerning insurance, etc. purchased pursuant to Article 30-9 (2) of the Act, insured persons or persons to whom mutual aid is to be provided, the amount of coverage, etc. in a conspicuous place within the place of business. |
[This Article Newly Inserted by Presidential Decree No. 29966, Jul. 9, 2019]
| Article 30-11 (Delegation of Authority) |
| (1) | The Commissioner of the Korea Coast Guard shall delegate the following authority to the Commander of a regional coast guard headquarters pursuant to Article 30-11 of the Act: <Amended by Presidential Decree No. 28217, Jul. 26, 2017; Presidential Decree No. 29966, Jul. 9, 2019> |
| (2) | The Commissioner of the Korea Coast Guard shall delegate his or her authority over the provision of continuing education for aquatic rescue technicians under Article 30-7 (1) of the Act to the chief of a coast guard station pursuant to Article 30-11 of the Act. <Amended by Presidential Decree No. 28217, Jul. 26, 2017; Presidential Decree No. 29966, Jul. 9, 2019> |
[This Article Newly Inserted by Presidential Decree No. 27371, Jul. 22, 2016]
[Moved from Article 30-9 <by Presidential Decree No. 29966, Jul. 9, 2019>]
CHAPTER VI DISTRESS SIGNALS
| Article 31 (Equipment for Telecommunications in Distress) |
| (1) | The telecommunications equipment under Article 32 (1) of the Act shall be any of the following devices that shall conform to the global system for distress and safety at sea under the International Convention for the Safety of Life at Sea and relevant protocols for the safety of human life at sea: |
| 1. | A device that functions as a radio station under Article 29 of the Enforcement Decree of the Radio Waves Act, which can receive and process information about maritime rescue and relief operations from a radio station that can communicate with ships by radio or from a device receiving distress signals through a satellite; |
| 2. | A device that can receive and process information about marine accidents from the central rescue headquarters; |
| Article 32 (Establishment of Telecommunications Network for Distress Signals) |
| (1) | Pursuant to Article 32 (2) of the Act, the head of the central rescue headquarters shall establish a telecommunications network connecting the following sections to receive distress signals: |
| 2. | The section between a receiver of distress signals from satellites and the central rescue headquarters; |
| 3. | The section between a regional or local rescue headquarters or a designated rescue team and the central rescue headquarters; |
| 4. | The section between an institution or organization cooperating in aquatic rescue and relief and the central rescue headquarters; |
| 5. | Other sections necessary for the establishment of the telecommunications network for distress signals. |
| (2) | If the head of the central rescue headquarters deems it necessary for the establishment of the telecommunications network for distress signals under paragraph (1), he or she may request the Korea Communications Commission to cooperate therein. |
CHAPTER VII EX POST FACTO MANAGEMENT
| Article 33 (Transfer of Rescued Persons) |
| (1) | When the head of a rescue headquarters, the Fire Commissioner of the National Fire Agency, the head of a regional fire and disaster headquarters, or the head of a fire station intends to transfer rescued or dead persons, a salvaged ship or craft, or articles to the Special Self-Governing Province Governor or the head of the Si/Gun/Gu pursuant to Article 35 (2) of the Act, he or she shall prepare and verify a list thereof at the scene of rescue and relief and transfer them along with the list to the competent authority. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017; Presidential Decree No. 29966, Jul. 9, 2019> |
| (2) | The authority of the competent local government to whom the transfer under paragraph (1) shall be made is a Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over the area in which an accident occurs, but where it is unclear who has jurisdiction over an area, transfer shall be made to a Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over a port or harbor near the disaster area or the scene of aquatic rescue and relief, in which it is easy to make the transfer. |
| Article 34 (Submission of Flotsam or Sunken Articles) |
| (1) | Pursuant to the main clause of Article 35 (3) of the Act, a person who finds (hereinafter referred to as “finder”) flotsam or a sunken article (hereinafter referred to as “flotsam, etc.”) shall deliver it to a Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over the place from which he or she finds the flotsam, etc. |
| (2) | Notwithstanding paragraph (1), if it is impracticable for a finder to transport or deliver flotsam, etc. or if he or she is in any extenuating circumstance, he or she may deliver them to the nearest coast guard station (including a coast guard substation or branch office), police station (including a precinct unit, substation, or branch office), fire station (including a 119 safety center, 119 rescue squad, 119 EMS team, or 119 community unit), or institution prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the chief of a coast guard station or other authority receiving flotsam, etc. shall deliver them, without delay, to the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu. <Amended by Presidential Decree No. 24457, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017> |
| (3) | Where it is ascertained that flotsam, etc. delivered pursuant to paragraph (1) or the latter part of paragraph (2) have no property value or that they have been obviously discarded by their owner, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu may return them to the finder without delay or may discard them at his or her discretion. |
| Article 35 (Taking Custody of Flotsam and Public Announcement of Flotsam Kept in Custody) |
| Article 36 (Return of Flotsam) |
| (1) | When a Special Self-Governing Province Governor or the head of a Si/Gun/Gu delivers the flotsam, etc. received pursuant to the main clause of Article 35 (3) of the Act to their owner, he or she shall verify whether the person is the owner of the flotsam, etc. and the name and address of the owner, by asking about the flotsam, etc. as necessary or by other means. |
| (2) | When a Special Self-Governing Province Governor or the head of a Si/Gun/Gu delivers flotsam, etc. to their owner pursuant to paragraph (1), he or she shall notify their acquirer of the following matters without delay. In such cases, the deadline for receipt under subparagraph 2 shall be at least one month from the date of such notification: |
| 1. | The amount of compensation; |
| 2. | The deadline for receipt; |
| 3. | Instructions for receipt and the statement that the compensation shall be forfeited to the National Treasury, if unclaimed by the deadline for receipt. |
| Article 37 (Public Auctions) |
| (2) | In the case of paragraph (1), any article restricted or prohibited from being owned or possessed by the general public shall not be sold, unless it is sold to a person permitted to own or possess it legally under relevant statutes and regulations. |
| Article 38 (Reimbursement for Expenses Incurred in Conducting Rescue and Relief Operations from National Treasury) |
If a Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to request the reimbursement for expenses incurred in the care of a person rescued pursuant to Article 38 (3) of the Act from the National Treasury, he or she shall file an application for reimbursement with the head of the central administrative agency responsible for the settlement of the relevant accident, along with a statement of expenses, and the head of a central administrative agency shall pay the reimbursement without delay, upon receipt of such application for reimbursement. In such cases, the head of a Si/Gun/Gu shall file an application for reimbursement through the Special Metropolitan City Mayor or the competent Metropolitan City Mayor or Do Governor.
| Article 39 (Application for Reimbursement for Expenses Incurred in Conducting Aquatic Rescue and Relief Operations) |
When a Special Self-Governing Province Governor or the head of a Si/Gun/Gu reimburses expenses incurred in conducting aquatic rescue and relief operations under Article 39 of the Act, he or she shall post on the bulletin board of the competent agency, a public announcement that a person shall file a claim for expenses incurred in conducting aquatic rescue and relief operations within the prescribed filing period of at least one month. In such cases, a written notice shall be given individually to persons known as entitled to reimbursement for expenses incurred in conducting aquatic rescue and relief operations.
| Article 40 (Amount of Expenses Incurred in Conducting Aquatic Rescue and Relief Operations) |
When a Special Self-Governing Province Governor or the head of a Si/Gun/Gu determines the amount of expenses incurred in conducting aquatic rescue and relief operations in consultation with the chief of the competent coast guard station or the head of the competent fire station pursuant to Article 40 (1) of the Act, he or she shall take into consideration the type of rescue and relief operations, operating hours, the degree of danger, the number of hours spent using facilities or articles, and the amount of customary compensation and wages in the relevant area depending upon whether any loss is incurred, etc. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28217, Jul. 26, 2017>
| Article 40-2 (Management of Sensitive Information and Personally Identifiable Information) |
Where it is inevitable for performing the following affairs, the Commissioner of the Korea Coast Guard (including persons to whom his or her authority is delegated or entrusted pursuant to Article 30-8 or 30-11) may manage information constituting criminal records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data containing resident registration numbers or alien registration numbers referred to in subparagraph 1 or 4 of Article 19 of the same Decree: <Amended by Presidential Decree No. 28217, Jul. 26, 2017; Presidential Decree No. 29966, Jul. 9, 2019> | 1. | Affairs concerning the implementation of qualifying examinations; |
[This Article Newly Inserted by Presidential Decree No. 27371, Jul. 22, 2016]
CHAPTER VIII PENALTY PROVISIONS
| Article 41 (Guidelines for Imposition of Administrative Fines) |
The guidelines for the imposition of administrative fines under Article 46 (1) of the Act shall be as specified in attached Table 2. <Amended by Presidential Decree No. 29966, Jul. 9, 2019>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2012.
Article 2 (Transitional Measures concerning Persons Declared Incompetent)
| (1) | “Person under adult guardianship or limited guardianship” in the amended provision of subparagraph 2 of Article 29 shall be construed as “person declared incompetent or quasi-incompetent” until June 30, 2013. |
| (2) | Persons under adult guardianship or limited guardianship shall be deemed to include persons for whom the declaration of incompetence or quasi-incompetence remains effective under Article 2 (2) of the Addenda to the Civil Act (Act No. 10429). |
Article 3 (Relationship to Other Statutes and Regulations)
A citation of any provision of the previous Enforcement Decree of the River and Sea Disasters Relief Act by any other statute or regulation in force as at the time this Decree enters into force shall be deemed a citation of the relevant provision of this Decree in lieu of the previous provision, if such provision exists in this Decree.
ADDENDA <Presidential Decree No. 24340, Jan. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 2, 2013.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24457, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25753, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Decrees pursuant to Article 7 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Decree.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26930, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes and Regulations)
Where the previous Enforcement Decree of the River and Sea Disasters Relief Act or any provision thereof is cited by any other statute or regulation as at the time this Decree enters into force, if this Decree contains any provision corresponding thereto, this Decree or the relevant provision of this Decree shall be deemed cited in lieu of the previous Enforcement Decree of the River and Sea Disasters Relief Act or any provision thereof.
ADDENDUM <Presidential Decree No. 27371, Jul. 22, 2016>
This Decree shall enter into force on July 25, 2016: Provided, That the amended provisions of Articles 6, 8, and 30-2 shall enter into force on July 28, 2016, and the amended provision of Article 30 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28217, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28870, May 8, 2018>
Article 1 (Enforcement Decree)
This Decree shall enter into force on May 10, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29966, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 30-5 (2) 3-2 and 4 shall enter into force on January 1, 2020.
ADDENDUM <Presidential Decree No. 30207, Nov. 12, 2019>
This Decree shall enter into force on November 21, 2019.