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VESSEL TRAFFIC SERVICES ACT

Act No. 16700, Dec. 3, 2019

 Article 1 (Purpose)
The purpose of this Act is to contribute to improving the safety of vessel traffic and efficiency of port operations and to protecting the marine environment by providing for matters necessary for vessel traffic services.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term “vessel traffic service” means the service of tracking vessel movements and providing vessels with safety-related information and information on port operations necessary for the efficient operation of a port by installing and operating equipment capable of detecting the locations of vessels and communicating with vessels to enhance the safety of vessel traffic and to protect the marine environment and marine facilities;
2. The term “vessel traffic service areas” means the sea areas publicly notified by the Commissioner General of Korea Coast Guard in consultation with the Minister of Oceans and Fisheries to implement vessel traffic services;
3. The term “vessel traffic service operator” means a person who performs vessel traffic services with the qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 3 (Scope of Application)
This Act shall apply to vessels required to participate in vessel traffic services under Article 13 among the vessels in the territorial sea and internal waters (excluding rivers, lakes, marshes, etc. in which vessels navigating the sea cannot continue to navigate) of the Republic of Korea pursuant to Articles 1 and 3 of the Territorial Sea and Contiguous Zone Act.
 Article 4 (Responsibilities of the State)
The State shall develop and implement a policy necessary for vessel traffic services to improve the safety and efficiency of vessel traffic and to protect the marine environment.
 Article 5 (Responsibilities of Owners of Vessels)
(1) The owner of a vessel shall provide the vessel operators with education and training for the following matters to ensure that the vessel such owner owns, manages or operates makes use of vessel traffic services; and shall observe various safety regulations, cooperating in the vessel traffic service policy of the State:
1. Purposes and terms of vessel traffic services, communications procedures and information exchange methods;
2. Relevant regulations on vessel traffic services and various matters to be observed;
3. Operational status of vessel traffic services in Korea;
4. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Matters necessary for education, including the details and methods of the education and training for the operators under paragraph (1), shall be prescribed by Presidential Decree.
 Article 6 (Enhancing International Exchanges and Cooperation)
The Commissioner General of Korea Coast Guard may take necessary measures by seeking the opinions of relevant central administrative agencies to enhance international exchanges and cooperation, such as the exchange of information on vessel traffic services and conducting joint study and research with international organizations relevant to vessel traffic services, foreign governments and groups, etc.
 Article 7 (Relationship to Other Statutes)
Except as otherwise provided in other statutes, vessel traffic services shall be governed by this Act.
 Article 8 (Master Plans for Vessel Traffic Services)
(1) The Commissioner General of Korea Coast Guard shall formulate a master plan for vessel traffic services (hereinafter referred to as “master plan”) every five years.
(2) The master plan shall be consistent with the contents of the national master plans for maritime safety formulated under Article 6 (1) of the Maritime Safety Act.
(3) The master plan shall contain the following matters:
1. Basic directions and goals of the vessel traffic service policy;
2. Operation of vessel traffic services;
3. Construction, maintenance and management of equipment for vessel traffic services;
4. Education and training of a vessel traffic service operator;
5. International cooperation in vessel traffic services;
6. A mid-to long-term development plan of vessel traffic services;
7. Other matters deemed necessary by the Commissioner General of Korea Coast Guard relating to vessel traffic services.
(4) The Commissioner General of Korea Coast Guard shall consult with the heads of relevant central administrative agencies in order to formulate or modify the master plan.
(5) Where necessary to formulate the master plan, the Commissioner General of Korea Coast Guard may request the heads of relevant central administrative agencies, the head of any public institution under Article 4 of the Act on the Management of Public Institutions and other relevant institutions to submit materials, present opinions or provide other necessary cooperation.
(6) Matters regarding the procedure, method, etc. for formulating a master plan shall be prescribed by Presidential Decree.
 Article 9 (Implementation Plans for Vessel Traffic Services)
(1) The Commissioner General of Korea Coast Guard shall formulate an implementation plan of vessel traffic services (hereinafter referred to as “implementation plan”) each year to implement the master plan.
(2) Where necessary to formulate the implementation plan, the Commissioner General of Korea Coast Guard may request the heads of relevant central administrative agencies, the head of any public institution under Article 4 of the Act on the Management of Public Institutions and other relevant institutions to submit materials, present opinions or provide other necessary cooperation.
(3) Matters regarding the details to be included in an implementation plan and the procedure, method, etc. for formulating such plan shall be prescribed by Presidential Decree.
 Article 10 (Submission of Master Plans and Implementation Plans to National Assembly)
(1) Upon the formulation or modification of the master plan or implementation plan, the Commissioner General of Korea Coast Guard shall notify the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors and the Special Self-Governing Province Governor thereof and submit the master plan or implementation plan to the competent standing committee of the National Assembly without delay.
(2) Upon the formulation or modification of the master plan or implementation plan, the Commissioner General of Korea Coast Guard publish such plan, as prescribed by Presidential Decree.
 Article 11 (Implementation of Vessel Traffic Services)
(1) The Commissioner General of Korea Coast Guard shall implement vessel traffic services to guarantee the safety of vessel traffic.
(2) Criteria for the declaration of the vessel traffic service areas to implement the vessel traffic services under paragraph (1) shall be prescribed by Presidential Decree.
(3) The Commissioner General of Korea Coast Guard may establish and operate vessel traffic service centers for the efficient implementation of vessel traffic services.
(4) Matters necessary to the establishment and operation of the vessel traffic service centers (hereinafter referred to as “vessel traffic service centers”) under paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 12 (Regulations on Vessel Traffic Services)
(1) The Commissioner General of Korea Coast Guard shall publicly notify the regulations on vessel traffic services to be observed by vessels required to participate in vessel traffic services under Article 13 within the vessel traffic service areas under the jurisdiction of the Commissioner General of Korea Coast Guard, as prescribed by Presidential Decree.
(2) Where public notification of the regulations on vessel traffic services are provided under paragraph (1), the Commissioner General of Korea Coast Guard shall seek the opinions of relevant central administrative agencies for ensuring the safety of vessel traffic.
 Article 13 (Vessels Required to Participate in Vessel Traffic Services)
A vessel for which vessel traffic services shall be provided (hereinafter referred to as “vessel required to participate in vessel traffic services”) is as follows:
1. A vessel engaged on an international voyage;
2. A vessel of 300 tons gross tonnage and more (Provided, That among the fishing vessels under subparagraph 1 of Article 2 of the Fishing Vessels Act, coastal fishing vessels navigating between domestic ports shall be excluded;
3. A vessel carrying any hazardous cargo under subparagraph 6 of Article 2 of the Maritime Safety Act;
4. Any other vessels publicly notified by the Commissioner General of Korea Coast Guard, in consideration of the characteristics of vessels moving within each vessel traffic service area under the jurisdiction of the Commissioner General of Korea Coast Guard.
 Article 14 (Obligation of Masters)
(1) The master of a vessel required to participate in vessel traffic services shall make use of vessel traffic services: Provided, That such master need not use such vessel traffic services if there is good cause that the use of such vessel traffic services would prevent such master from safely navigating the vessel.
(2) The master of a vessel required to participate in vessel traffic services shall not be relieved from the responsibility for the safe navigation of the vessel, despite the services provided by a vessel traffic service operator.
(3) The master of a vessel required to participate in vessel traffic services that intends to enter a vessel traffic service area shall report to the vessel traffic service center having jurisdiction over the vessel traffic service area.
(4) The master of a vessel required to participate in vessel traffic services shall maintain a continuous listening watch of, and respond to, vessel traffic service communication adjusted to the designated vessel traffic service communication frequency using the radio equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries when entering or moving in a vessel traffic service area: Provided, That if the master is unable to communicate with a vessel traffic service operator on the designated frequency due to a communication failure, such master may make a report using other communication frequency, including a mobile phone.
(5) The master of a vessel required to participate in vessel traffic services navigating in a vessel traffic service area shall report without delay to the vessel traffic service center having jurisdiction over the vessel traffic service area upon the recognition of a present or potential danger to the safety of vessel traffic due to an obstacle on the route of such vessel or the occurrence of marine casualties, etc.
(6) Except as provided in paragraphs (1) through (5), the reporting procedures of vessels required to participate in vessel traffic services, specifications of vessel traffic service communication in each vessel traffic service area and other necessary matters shall be prescribed by Presidential Decree.
 Article 15 (Recording of Vessel Traffic Service Communications)
(1) Every vessel traffic service center and the masters of vessels prescribed by Presidential Decree shall record and retain vessel traffic service communications data under Article 14 (4).
(2) Except as provided in paragraph (1), the method of recording vessel traffic service communications and the period of retention of such data, and other necessary matters shall be prescribed by Presidential Decree.
 Article 16 (Qualifications for Vessel Traffic Service Operators)
(1) Vessel traffic service duties shall be performed by a vessel traffic service operator.
(2) A vessel traffic service operator shall be public officials prescribed by Ordinance of the Ministry of Oceans and Fisheries, who have completed training for a vessel traffic service operator conducted by the Commissioner General of Korea Coast Guard and are qualified by the assessment.
(3) A vessel traffic service operator shall receive regular training and assessments necessary to perform the required duties.
(4) Matters necessary for the training and assessment of a vessel traffic service operator under paragraphs (2) and (3) shall be prescribed by Presidential Decree.
 Article 17 (Designation of Specialized Training Organizations)
(1) The Commissioner General of Korea Coast Guard may designate a specialized training organization for vessel a traffic service operator (hereinafter referred to as “specialized training organization”), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, to train a vessel traffic service operator.
(2) The head of a specialized training organization shall provide training after consulting the Commissioner General of Korea Coast Guard on the details about the provision of the training.
(3) The Commissioner General of Korea Coast Guard may subsidize specialized training organizations to fully or partially subsidize expenses incurred, within the budget.
(4) Criteria for the designation of specialized training organizations shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(5) Where any of the following is applicable to an organization designated as a specialized training organization under paragraph (1), the Commissioner General of Korea Coast Guard may revoke the designation of the specialized training organization: Provided, That the Commissioner General of Korea Coast Guard shall revoke a designation, in the case of subparagraph 1:
1. Where a specialized training organization has obtained designation by fraud or other improper means;
2. Where a specialized training organization fails to comply with the criteria for designation under paragraph (4);
3. Where a specialized training organization has provided training or education not in compliance with the terms of designation under paragraph (4);
4. Where a specialized training organization falsifies completion records as to the recipients of the education or training by fraud or other improper means.
(6) The Commissioner General of Korea Coast Guard shall hold a hearing to revoke the designation of a specialized training organization under paragraph (5).
 Article 18 (Duties of Vessel Traffic Service Operators)
A vessel traffic service operator shall perform the following duties:
1. Observing and monitoring vessels entering or moving within the vessel traffic service area of responsibility, and providing such vessels with safety information and safety-related advice, recommendations and instructions;
2. Providing vessels with vessel traffic information to prevent vessel traffic congestion and weather alerts and warnings issued by the Korea Meteorological Administration;
3. Providing vessels with port operation information necessary for the efficient operation of a port within the water zone of a trade port under subparagraph 2 of Article 2 of the Act on the Arrival and Departure of Ships, which includes information on an entry report, berth, anchorage, pilotage, towage, etc.;
4. Providing vessels with information on maintaining order in trade ports under Articles 8 through 18 of the Act on the Arrival and Departure of Ships;
5. Providing vessels with information on the control of vessel entries and departures under Article 38 of the Maritime Safety Act;
6. Other duties prescribed by Ordinance of the Ministry of Oceans and Fisheries to enhance the safety and efficiency of vessel traffic.
 Article 19 (Vessel Traffic Service Operational Procedures)
Every vessel traffic service operator engaging in vessel traffic service duties shall perform such duties in accordance with the procedures prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the vessel traffic service operator need not adhere to the vessel traffic service operational procedures where such operator recognizes that a vessel is at risk of an imminent accident.
 Article 20 (Authority of Vessel Traffic Service Operators)
(1) A vessel traffic service operator may modify the time at which a vessel enters or departs from, or moves within, the vessel traffic service area of responsibility, where recognized as necessary to ensure the safety of the vessel, in consideration of such factors as maritime weather conditions, route conditions, the volume of maritime traffic, marine casualties within such vessel traffic service area.
(2) A vessel traffic service operator may request the dispatch of a patrol ship or pilotage or towage support immediately upon the occurrence of marine casualties within the vessel traffic service area of responsibility.
 Article 21 (Installation and Management of Vessel Traffic Service Equipment)
(1) The Commissioner General of Korea Coast Guard shall install equipment for performing vessel traffic service duties (hereinafter referred to as “vessel traffic service equipment”), such as radars, high frequency radiotelephones and the automatic identification system, to implement vessel traffic services.
(2) For the management of vessel traffic service equipment, the Commissioner General of Korea Coast Guard shall secure and maintain facilities and equipment necessary for the repair, etc. of the vessel traffic service equipment.
(3) Matters necessary for the installation and management of vessel traffic service equipment under paragraphs (1) and (2) shall be prescribed by Ordinance of Ministry of Oceans and Fisheries.
 Article 22 (Technical Criteria for Vessel Traffic Service Equipment)
(1) Vessel traffic service equipment shall conform to the technical criteria established under Article 45 of the Radio Waves Act.
(2) The Commissioner General of Korea Coast Guard shall comply with the internationally recognized specifications and criteria to install new vessel traffic service equipment or to improve the performance of the existing vessel traffic service equipment.
(3) For the standardization of the functions and specifications of vessel traffic service equipment, the Commissioner General of Korea Coast Guard shall establish the criteria, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 23 (Technical Development and Support)
The Commissioner General of Korea Coast Guard may promote the technical development of vessel traffic service equipment and render support necessary therefor, as prescribed by Presidential Decree.
 Article 24 (Korea Vessel Traffic Service Association)
(1) The Korea Vessel Traffic Service Association (hereinafter referred to as the “Vessel Traffic Service Association”) may be established to perform the duties entrusted by the administrative agencies, including the Commissioner General of Korea Coast Guard, which include research, development, training and education related to vessel traffic services.
(2) The Vessel Traffic Service Association shall be a corporation.
(3) The Vessel Traffic Service Association shall perform the following projects:
1. Research activities for the performance of vessel traffic service duties by a vessel traffic service operator;
2. Performance of research and projects on education, training and assessment of a vessel traffic service operator;
3. Research on the development and technical improvement of vessel traffic service equipment;
4. Surveys and research on the prevention of, and response to, maritime accidents;
5. Research on the establishment and amendment of statutes and regulations related to vessel traffic services domestically and internationally;
6. Academic exchange, information exchange and joint cooperation between domestic and international organizations related to vessel traffic services;
7. Other projects prescribed by Presidential Decree for the development of vessel traffic services.
(4) The Commissioner General of Korea Coast Guard may provide financial support to the Vessel Traffic Service Association within the budget to ensure that the Vessel Traffic Service Association efficiently performs the projects under paragraph (1), where deemed necessary.
(5) Matters necessary for the projects, operation, etc. of the Vessel Traffic Service Association shall be prescribed by Presidential Decree.
(6) Except as provided in this Act, the provisions regarding incorporated associations under the Civil Act shall apply mutatis mutandis to the Vessel Traffic Service Association.
 Article 25 (Delegation and Entrustment of Authority)
(1) Authority vested in the Commissioner General of Korea Coast Guard under this Act may be delegated partially to the heads of the institutions under the authority of Korea Coast Guard, as prescribed by Presidential Decree.
(2) The Commissioner General of Korea Coast Guard may entrust some functions under this Act to specialized institutions determined and publicly notified by the Commissioner General of Korea Coast Guard, as prescribed by Presidential Decree.
 Article 26 (Penalty Provisions)
Any person who fails to make use of vessel traffic services pursuant to the main clause of Article 14 (1) without good cause shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
 Article 27 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won:
1. A person who fails to report under Article 14 (3) or makes a false report;
2. A person who fails to have the radio equipment or to maintain a continuous listening watch of, or respond to, vessel traffic service communication in violation of Article 14 (4);
3. A person who fails to adhere to the reporting procedures by vessels required to participate in vessel traffic service, under Article 14 (6);
4. A person who fails to record and retain vessel traffic service communications data in violation of Article 15 (1).
(2) Any person who fails to report as required under Article 14 (5) or makes a false report shall be subject to an administrative fine not exceeding two million won.
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Commissioner General of Korea Coast Guard, the Commissioners of the Regional Coast Guards or the heads of the coast guard stations, as prescribed by Presidential Decree.
ADDENDA <Act No. 16700, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures)
Any decision, disposition, procedure and other act under the previous Maritime Safety Act and the previous Act on the Arrival and Departure of Ships as at the time this Act enters into force shall be deemed to be made, taken and done under this Act.
Article 3 (Transitional Measures concerning Application of Penalty Provisions)
The application of penalty provisions and of administrative fines for violations committed before this Act enters into force shall be governed by the previous Maritime Safety Act and the previous Act on the Arrival and Departure of Ships.
Article 4 Omitted.
Article 5 (Relationship to Other Statutes and Regulations)
A citation of the previous Maritime Safety Act and the previous Act on the Arrival and Departure of Ships or any provisions thereof in other statutes and regulations as at the time this Act enters into force shall be deemed to be a citation of this Act or the relevant provisions of this Act, in lieu of the previous Maritime Safety Act and the previous Act on the Arrival and Departure of Ships or the relevant provisions, where such corresponding provisions exist herein.