INTERNATIONAL SHIP AND PORT FACILITY SECURITY ACT
Act No. 8618, Aug. 3, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9611, Apr. 1, 2009
Act No. 9773, jun. 9, 2009
Act No. 11578, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 14347, Dec. 2, 2016
Act No. 14504, Dec. 27, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15603, Apr. 17, 2018
Act No. 17021, Feb. 18, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to effectively prevent security threats relating to international voyage and thus to contribute to protecting the lives and property of the people by prescribing matters concerning the security of ships used for international voyage and of port facilities used by such ships.
The terms used in this Act are defined as follows: <Amended on Feb. 29, 2008; Jun. 9, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| 2. | The term "port facilities" means facilities equipped to facilitate ship/port interface with ships on international voyage, which are port facilities under subparagraph 5 of Article 2 of the Harbor Act and facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 3. | The term "ship/port interface" means interactions accompanied by the movement of persons or goods, such as embarkation and disembarkation or loading and unloading between ships on international voyage and port facilities, whereby such ships on international voyage are directly affected by such interface; |
| 4. | The term "mutual activities between ships" means interactions accompanied by the movement of persons or goods, such as embarkation and disembarkation, or loading and unloading between ships on international voyage and other ships on international voyage or between ships on international voyage and other ships; |
| 5. | The term "security incidents" means acts of threatening the security of ships on international voyage, port facilities, ship/port interface, mutual activities between ships, or situations relating to such acts, including acts of damaging ships on international voyage or port facilities, or illegally smuggling and concealing explosives, weapons, etc. in ships on international voyage or port facilities; |
| 6. | The term "levels of security" means that the extent of dangers indicated by degrees that might lead to security incidents and it reflects the classification of degrees under the International Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as the "Convention"); |
| 7. | The term "owners of ships on international voyage" means the owners or managers of ships on international voyage or juristic persons, organizations or individuals entrusted with the operation of ships on international voyage by such owners or managers thereof; |
| 8. | The term "owners of port facilities" means the owners or managers of port facilities, or juristic persons, organizations or individuals entrusted with the operation of port facilities by such owners or managers thereof; |
| 9. | The term "national security agency" means a national agency implementing security duties, such as the National Intelligence Service, the Ministry of National Defense, the Korea Customs Service, the National Police Agency, and the Korea Coast Guard. |
| Article 3 (Scope of Application) |
| (1) | This Act shall apply to ships on international voyage and port facilities falling under any of the following: Provided, That this shall not apply where there exist special provisions to the contrary in this Act: <Amended on Dec. 2, 2016> |
| 1. | Korean-flag ships on international voyage, which fall under any of the following subparagraphs: |
| (a) | All kinds of passenger ships; |
| (b) | Cargo ships of 500 gross tonnage and upwards; |
| (c) | Mobile offshore facilities (referring to those used to explore, mine, gather, etc. resources on the sea bed, such as natural gas); |
| 2. | Port facilities which enable ship/port interface with Korean-flag ships on international voyage falling under any of the items of subparagraph 1 or foreign-flag ships on international voyage. |
| (2) | Notwithstanding paragraph (1), this Act shall not apply to ships on international voyage used for non-commercial purposes, which are owned by the State or local governments. |
| Article 4 (Relationship with International Conventions) |
Where the security standards for internationally effective international conventions concerning the security of ships on international voyage and port facilities conflict with the provisions of this Act, the international conventions shall prevail over this Act: Provided, That if the provisions of this Act contain more stringent standards than those of international conventions, the same shall not apply.
| Article 5 (National Port Security Plans) |
| (1) | In order to efficiently perform security duties for ships on international voyage and port facilities, the Minister of Oceans and Fisheries shall establish and implement a comprehensive plan concerning the security of ports (hereinafter referred to as "national port security plans") every 10 years. In such cases, the Minister of Oceans and Fisheries shall consult with the heads of related administrative agencies in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | National port security plans shall be determined after deliberation by the security committee under Article 34. |
| (3) | National port security plans shall contain the following: |
| 1. | Basic policy for the security of ports; |
| 2. | Mid- to long-term policy direction for the security of ports; |
| 3. | Roles of administrative agencies concerning the security of ports; |
| 4. | Roles of the owners of port facilities concerning the security of ports; |
| 5. | Installation of security facilities and equipment and placement of security and search manpower in ports; |
| 6. | Plans for training and drill of port facility security officers; |
| 7. | Measures for preparing for and responding to security incidents; |
| 8. | International cooperation over the security of ports; |
| 9. | Other matters necessary to ensure the security of ports. |
| (4) | When national port security plans have been established, the Minister of Oceans and Fisheries shall notify the heads of related administrative agencies and the heads of the agency under the control of the Ministry of Oceans and Fisheries which is in charge of affairs regarding port (hereinafter referred to as the “heads of regional administration”) of such plans, and the heads of related administrative agencies and the heads of regional administration who have been notified of such national port security plans shall take measures necessary for the implementation thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 2, 2016> |
| (5) | The heads of regional administration who have been notified of national port security plans under paragraph (4) shall establish and implement security plans for ports under their jurisdiction (hereinafter referred to as "regional port security plans") in accordance with the national port security plans. <Amended on Feb. 29, 2008; Dec. 2, 2016> |
| (6) | When the heads of regional administration intend to establish regional port security plans under paragraph (5), they shall obtain approval from the Minister of Oceans and Fisheries. In such cases, they shall consult the heads of national security agencies in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 2, 2016> |
| (7) | When five years have elapsed after national port security plans and regional port security plans were established, the Minister of Oceans and Fisheries and the heads of regional administration shall examine the details thereof and determine whether to modify them: Provided, That where an urgent need exists, such as that domestic and international security situations need to be reflected, the Minister of Oceans and Fisheries may determine whether to modify such national port security plans and regional port security plans. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 2, 2016> |
| (8) | Where national port security plans are modified under paragraph (7), the procedures prescribed in paragraphs (1) through (4) shall be followed; where regional port security plans are modified, the procedures prescribed in paragraphs (5) and (6) shall be followed: Provided, That where insignificant matters prescribed by Presidential Decree are modified, the procedures may be fully or partially omitted, as prescribed by Presidential Decree. |
| (9) | Details regarding contents of regional port security plans, and procedures and methods for establishing regional port security plans shall be prescribed by Presidential Decree. |
| Article 6 (Establishment and Adjustment of Security Levels) |
| (1) | The Minister of Oceans and Fisheries shall establish levels of security for ships on international voyage and port facilities, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | In the case of changes in the degree of occurrence of security incidents, which is the basis for the level of security set under paragraph (1), the Minister of Oceans and Fisheries shall adjust the security level, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries shall immediately notify the owners of the relevant ships on international voyage or owners of the relevant port facilities of the levels of security established and adjusted under paragraphs (1) and (2), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Where the Minister of Oceans and Fisheries establishes or adjusts levels of security under paragraphs (1) and (2), he or she shall undergo deliberation by the security committee under Article 34: Provided, That in the event of an urgency, the Minister of Oceans and Fisheries may consult the heads of national security agencies in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Detailed security measures to be complied with by ships on international voyage or port facilities according to the levels of security referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | Notwithstanding the detailed security measures determined under paragraph (5), the Minister of Oceans and Fisheries may give separate instructions on security measures to be complied with where deemed necessary, such as where an unexpected security incident occurs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER II MEASURES TO ENSURE SECURITY OF SHIPS ON INTERNATIONAL VOYAGE
| Article 7 (Company Security Officer) |
| (1) | Each owner of ships on international voyage shall designate a person other than seamen under his or her command, who meets the specified qualifications, such as specialized knowledge prescribed by Ordinance of the Ministry of Oceans and Fisheries, as a security officer in order to have him or her implement the overall security duties for all the ships on international voyage owned, managed or operated by him or her (hereinafter referred to as "company security officer"). In such cases, he or she may designate at least two company security officers where it is recognized as necessary given the kinds and number of ships; where an owner of a ship on international voyage owns, manages, or operates one ship, he or she may designate him or herself as a company security officer. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the owners of ships on international voyage have designated company security officers under paragraph (1), they shall notify the Minister of Oceans and Fisheries of such fact within seven days, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall apply to the change of a company security officer. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Company security officers shall perform the following duties: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 2. | Drawing up of ship security plans under Article 10 and application for approval thereof; |
| 3. | Internal security verifications under Article 36; |
| 4. | Other duties prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | Where a company security officer is negligent in his or her duties under paragraph (3) or fails to implement such duties, the Minister of Oceans and Fisheries may order the owner of the relevant ships on international voyage to replace him or her. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 8 (Ship Security Officers) |
| (1) | In order to ensure the efficient execution of the security duties for each ship on international voyage owned, managed or operated by him or her, the owner of ships on international voyage shall designate a person meeting the qualifications, such as specialized knowledge prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among the seamen of a ship under his or her control as a security officer (hereinafter referred to as "ship security officer"). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Ship security officers shall perform the following duties: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Modification of ship security plans under Article 10 and supervision of the implementation thereof; |
| 2. | Reporting security concerns to the company security officer; |
| 3. | Security inspection for the relevant ship on international voyage; |
| 4. | Other duties prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 9 (Ship Security Assessment) |
| (1) | Each owner of ships on international voyage shall implement a security assessment of facilities, equipment, manpower, etc. (hereinafter referred to as "ship security assessment") relating to the security of each individual ship on international voyage owned, managed or operated by him or her. |
| (2) | When a ship security assessment has been implemented as prescribed in paragraph (1), the results thereof shall be recorded in documents as prescribed by Ordinance of the Ministry of Oceans and Fisheries and kept in the main office (where the owner of ships on international voyage is an individual, it refers to his or her address), and the contents thereof shall be reflected in the ship security plans under Article 10. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Such details as the assessment items, methods, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 10 (Ship Security Plans) |
| (1) | Each owner of ships on international voyage shall draw up security plans on how to address vulnerabilities in security, measures to be taken at each level of security, etc. after reflecting the results of ship security assessment under Article 9 (hereinafter referred to as "ship security plans"), keep such plans in the relevant ships, and implement the measures specified therein, etc. |
| (2) | Ship security plans shall include security measures necessary to protect seamen, passengers, cargo, ship supplies, ships, etc. from security threats, such as security incidents, and the details shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | When the owners of ships on international voyage have drawn up ship security plans, they shall obtain approval from the Minister of Oceans and Fisheries for such ship security plans. The same shall apply to the modification of important matters as prescribed by Ordinance of the Ministry of Oceans and Fisheries in ship security plans. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Where the Minister of Oceans and Fisheries approves ship security plans for ships prescribed by Presidential Decree, pursuant to paragraph (3), he or she shall consult related national security agencies in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Such matters as the procedures for approving ship security plans under paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 11 (Ship Security Verifications) |
| (1) | In order to confirm whether the owners of ships on international voyage appropriately implement such measures, etc. according to ship security plans referred to in Article 10 for each individual ship owned, managed or operated by them, they shall undergo a security verification by the Minister of Oceans and Fisheries (hereinafter referred to as "ship security verification") based on the classifications provided in the following subparagraphs: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Initial security verification: Verification implemented to obtain an international ship security certificate under Article 12 (1) for the first time; |
| 2. | Renewed security verification: Verification implemented at a time prescribed by Ordinance of the Ministry of Oceans and Fisheries, before such international ship security certificate, etc. under Article 13 become invalid; |
| 3. | Intermediate security verification: Verification implemented at a time prescribed by Ordinance of the Ministry of Oceans and Fisheries, between an initial security verification and a renewed security verification or between renewed security verifications. |
| (2) | Each owner of ships on international voyage shall undergo a security verification of the Minister of Oceans and Fisheries to confirm whether ship security assessments are implemented, ship security plans are drawn up, implemented, etc. (hereinafter referred to as "interim ship security verification"), where he or she intends to use a ship on international voyage for navigation temporarily before having an initial security verification under paragraph (1) 1, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Where reasons prescribed by Ordinance of the Ministry of Oceans and Fisheries exist, such as the occurrence of security incidents in any ship on international voyage, the Minister of Oceans and Fisheries may implement a security verification of such ship on international voyage to confirm whether ship security assessments are implemented, and ship security plans are drawn up, implemented, etc. (hereinafter referred to as "special ship security verification"). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Such matters as the details of a ship security verification, an interim ship security verification and a special ship security verification under paragraphs (1) through (3) and for the procedures therefor, methods thereof, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 12 (Issuance of International Ship Security Certificates) |
| (1) | The Minister of Oceans and Fisheries shall issue an international ship security certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to ships that have passed an initial security verification or a renewed security verification under Article 11 (1) 1 and 2. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries shall, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, indicate the results of a verification on the international ship security certificate under paragraph (1) for ships that have passed an intermediate security verification or a special ship security verification under Article 11 (1) 3 or paragraph (3) of the same Article. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries shall issue an interim international ship security certificate prescribed by Ordinance the Ministry of Oceans and Fisheries to ships that have passed an interim ship security verification under Article 11 (2). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Each owner of ships on international voyage shall keep the original international ship security certificate or interim international ship security certificate (hereinafter referred to as "international ship security certificate, etc.") in the relevant ships. |
| Article 13 (Validity of International Ship Security Certificates) |
| (1) | The term of validity of international ship security certificates, etc. shall be up to five years, as determined by Presidential Decree: Provided, That the term of validity of an interim international ship security certificate, etc. shall not exceed six months. |
| (2) | The Minister of Oceans and Fisheries may extend the term of validity of international ship certificate, etc. under paragraph (1) by up to five months, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The validity of an international ship security certificate for a ship that has failed an intermediate security verification referred to in Article 11 (1) 3 shall be suspended until such ship passes the relevant verification. |
| Article 14 (Prohibition from Navigating Ships on International Voyage not in Possession of International Ship Security Certificate) |
No one shall use ships for navigation that fail to keep international ship security certificates, etc. or keep international ship security certificates, etc., the validity of which has been suspended or forfeited: Provided, That in a case where such ships need to be temporarily used for navigation due to unavoidable circumstances as prescribed by Ordinance of the Ministry of Oceans and Fisheries, this shall not apply. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>
| Article 15 (Preparing and Keeping Ship Security Records) |
| (1) | Each owner of ships on international voyage shall prepare a logbook which records security threats to an individual ship on international voyage owned, managed or operated by them, measures taken, etc. (hereinafter referred to as "ship security record"), and keep it in the relevant ship. |
| (2) | Such matters as the items to be recorded, methods of recording and keeping ship security records, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 16 (Keeping of Continuous Synopsis Records) |
| (1) | Each owner of ships on international voyage shall receive a logbook which records the name of each ship, the ship identification number referred to in Article 18 (1), its owner, port of registration, etc. (hereinafter referred to as "continuous synopsis records"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, for each individual ship on international voyage owned, managed or operated by him or her, and keep it in such ship. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | In the case of a change in the recorded matters of continuous synopsis records, the relevant owner of ships on international voyage shall receive a continuous synopsis record again from the Minister of the Ministry of Oceans and Fisheries within three months and keep it in such ship. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Where the nationality of each individual ship on international voyage owned, managed, or operated by the owner of ships on international voyage has changed, he or she shall notify the Minister of Oceans and Fisheries of such fact. In such cases, the Minister of Oceans and Fisheries shall notify the maritime transportation authorities of the relevant country of such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Matters necessary for the form, etc. of a continuous synopsis record shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 17 (Ship Security Alarm Devices) |
| (1) | Each owner of ships on international voyage shall install or possess radio transmitters signaling a situation in which the security of each individual ship on international voyage owned, managed, or operated by him or her has been infringed upon or is in danger of being infringed upon (hereinafter referred to as "ship security alarm devices") and facilities or equipment that a ship security assessment under Article 9 finds necessary to keep the security of the ship. <Amended on Dec. 18, 2012; Dec. 27, 2016> |
| (2) | The Minister of Oceans and Fisheries shall possess facilities or devices to receive signals transmitted from ship security alarm devices (hereinafter referred to as "security alarm signal"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | When the Minister of Oceans and Fisheries has received a security alarm signal from a ship on international voyage, he or she shall, without delay, notify the heads of related national security agencies of such fact; when the Minister has received a security alarm signal from a ship on international voyage across the ocean, he or she shall also notify the maritime transportation authorities of the country with jurisdiction over the waters in which such ship is navigating. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | When the head of a national security agency has been notified of the receipt of a security alarm signal as prescribed in paragraph (3), he or she shall take measures necessary to ensure the security of the relevant ship. |
| (5) | Deleted. <May 29, 2016> |
| (6) | Details concerning capacity requirements for ship security alarm devices, places to install, and other matters shall be prescribed by Ordinance of Oceans and Fisheries. <Amended on Feb. 29, 2008; Dec. 18, 2012; Mar. 23, 2013; Dec. 27, 2016> |
| Article 18 (Ship Identification Numbers) |
| (1) | Notwithstanding Article 3, ships on international voyage shall indicate given numbers by which each individual ship can be identified (hereinafter referred to as "ship identification number"): <Amended on Feb. 29, 2008> |
| 1. | Passenger ships of 100 gross tonnage or upward; |
| 2. | Cargo ships of 300 gross tonnage or upward. |
| (2) | Such matters as how and where to indicate ship identification numbers, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 19 (Port State Control) |
| (1) | The Minister of Oceans and Fisheries may confirm and inspect whether the security management system of foreign-flag ships on international voyage which are within Korean ports or intend to enter Korean ports conforms to the standards prescribed by the Convention, etc., and take necessary measures (hereinafter referred to as "port state control"). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The confirmation and inspection procedures for port state control shall be limited only to those conducted to confirm whether a valid international ship security certificate, etc. is in place: Provided, That where reasons prescribed by Ordinance of the Ministry of Oceans and Fisheries exist as clear grounds that the relevant ships fail to meet the standards prescribed by the Convention, etc., this shall not apply. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries may order the suspension of departure from ports, restrictions on movement, requests for correction, deportation or measures corresponding thereto to ships, for which a clear ground exists under the proviso to paragraph (2) upon confirmation and inspection under paragraph (1) or which fail to present a valid international ship security certificate, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Foreign-flag ships on international voyage intending to enter Korean ports shall notify the Minister of Oceans and Fisheries of information on the security of the relevant ships (hereinafter referred to as "ship security information"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries not later than 24 hours before entering such ports: Provided, That where such ships enter Korean ports urgently in order to escape from an imminent danger, such as rough weather, or reasons prescribed by Ordinance of the Ministry of Oceans and Fisheries exist, such ships may provide ship security information at the same time as entering Korean ports. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | The Minister of Oceans and Fisheries shall notify the Commissioner of the Korea Coast Guard of the ship security information that has been provided under paragraph (4), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | The Minister of Oceans and Fisheries may order restrictions on movement, requests for correction, inspection of ships, denial of entry, etc. to ships which are acknowledged to fall under a clear ground under the proviso to paragraph (2) upon inspection of ship security information provided as prescribed in paragraph (4). In such cases, when a probable ground that security incidents may occur to other ships anchoring in the ports or to port facilities exists, he or she shall additionally notify the related national security agencies of such fact to take necessary measures. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (7) | When the Minister of Oceans and Fisheries intends to take measures under paragraphs (3) and (6), he or she shall notify the owners of the relevant foreign-flag ships on international voyage or captains thereof of such purport in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (8) | When the Minister of Oceans and Fisheries has taken measures under paragraphs (3) and (6), he or she shall notify the governments of the countries that have issued international ship security certificates, etc. for the relevant ships of such fact; when such ships have been denied entry into ports or have been deported, he or she shall notify the countries of the ports where such ships are to call next or the governments of the countries along the coast thereof of the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (9) | Where the owners of foreign-flag ships on international voyage or captains thereof regard orders of suspension of departure from ports, restrictions on movement, requests for correction, deportation, inspection of ships, denial of entry into ports, etc. under paragraph (3) or (6) (hereinafter referred to as "corrective order, etc.") as unlawful or unjust, they may raise an objection to the Minister of Oceans and Fisheries, stating the reasons for dissatisfaction within 90 days from the date they received a corrective order, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (10) | The Minister of Oceans and Fisheries who has received an objection under paragraph (9) shall have public officials under his or her command investigate directly into whether such corrective orders, etc. are unlawful or unjust, and notify the results thereof to the applicants within 60 days: Provided, That where unavoidable circumstances exist, the deadline for such notification may be extended for up to 30 days. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (11) | Those dissatisfied with corrective orders, etc. shall not file an administrative lawsuit without going through the procedures for raising an objection under paragraphs (9) and (10): Provided, That this shall not apply to the cases falling under Article 18 (2) and (3) of the Administrative Litigation Act. |
| (12) | Matters necessary for the details of corrective orders, etc. referred to in paragraphs (3) and (6), procedures for providing ship security information in paragraph (4), raising an objection under paragraph (9), etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 20 (Port State Control by Foreign Countries) |
| (1) | Each owner of ships on international voyage shall comply with the standards prescribed by the Convention, etc. so that defects in the security management system of the relevant ships are not pointed out by port state control exercised by foreign port authorities. <Amended on Dec. 2, 2016> |
| (2) | Where a ship on international voyage has been suspended departure from a port, denied entry into a port or expelled according to port state control by the port authorities of foreign countries, or measures are acknowledged as necessary to prevent such ship from being subject to such measures as suspending departure from a port, denying entry into a port or expelling, the Minister of Oceans and Fisheries may inspect the security management system of the relevant ship (hereinafter referred to as "special inspection"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Where it is acknowledged as necessary to ensure the security of the relevant ship upon a special inspection, the Minister of Oceans and Fisheries may order the owners of the relevant ship on international voyage to take corrective and supplementary measures or to suspend navigation, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 21 (Re-Verification) |
| (1) | Where any person who has undergone a ship security verification, an interim ship security verification, and a special ship security verification under Article 11 and a special inspection under Article 20 (2) is dissatisfied with the results, he or she may apply for a re-verification to the Minister of Oceans and Fisheries with a statement of reasons within 90 days from the notification of such results, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Upon receipt of an application for re-verification under paragraph (1), the Minister of Oceans and Fisheries shall order public officials under his or her command to directly conduct a re-verification and to notify the results to the applicant within 60 days: Provided, That where unavoidable reasons exist, the deadline for such notification may be extended by up to 30 days. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Any person dissatisfied with a ship security verification, an interim ship security verification and a special ship security verification, or a special inspection shall not file an administrative lawsuit without going through the procedures for a re-verification under paragraphs (1) and (2): Provided, That this shall not apply to cases which fall under Article 18 (2) and (3) of the Administrative Litigation Act. |
[Moved to Article 30-2 <Dec. 2, 2016>]
CHAPTER III MEASURES TO ENSURE SECURITY OF PORT FACILITIES
| Article 23 (Port Facility Security Officers) |
| (1) | In order to efficiently implement the security duties for port facilities, the owners of such port facilities, who own, manage, or operate the facilities, shall designate a person meeting certain requirements, such as specialized knowledge prescribed by Ordinance of the Ministry of Oceans and Fisheries, as a security officer (hereinafter referred to as "port facility security officer"). In such cases, where it is acknowledged as necessary given the structures and functions of the port facilities in question, one port facility security officer may be designated for two or more port facilities, or two or more port facility security officers may be designated for one port facility. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the owners of port facilities have designated port facility security officers as prescribed in paragraph (1), they shall notify such fact to the Minister of Oceans and Fisheries within seven days, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply to the replacement of port facility security officers. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Port facility security officers shall perform the following duties: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Drafting port facility security plans under Article 25 and applying for approval therefor; |
| 2. | Security inspection for port facilities; |
| 3. | Maintenance and management of security equipment of port facilities; |
| 4. | Other duties prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | The Minister of Oceans and Fisheries may order the owners of port facilities to change port facility security officers when they are negligent in the duties prescribed in paragraph (3) or fail to perform such duties. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 24 (Port Facility Security Assessment) |
| (1) | The Minister of Oceans and Fisheries shall implement a security assessment of facilities, equipment, manpower, etc. relating to the security of port facilities (hereinafter referred to as "port facility security assessment"). In such cases, he or she shall consult the heads of national security agencies in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the Minister of Oceans and Fisheries has implemented a port facility security assessment as prescribed in paragraph (1), he or she shall draft a document stating the findings of such port facility security assessment and notify the owners of the relevant port facilities thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries shall reassess port facility security every five years: Provided, That where any significant change occurs in the security of port facilities, such as a security incident in the relevant port facilities, he or she shall conduct a reassessment immediately. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Details regarding the items and methods of port facility security assessment shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 25 (Port Facility Security Plans) |
| (1) | The owners of port facilities shall draft a security plan to decide how to address vulnerabilities in security, measures to be taken at each level of security, etc., which reflects the findings of a port facility security assessment under Article 24 (hereinafter referred to as "port facility security plan"), keep the same in the main office, and implement the measures accordingly. |
| (2) | A port facility security plan shall contain security measures necessary to protect port facilities (including information on the operation of ports and computing/communications systems), ships, cargo, ship supplies, people, etc. from security threats, such as security incidents, and the details shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | When the owners of port facilities have drafted port facility security plans, they shall obtain approval from the Minister of Oceans and Fisheries. The same shall also apply to the modification of the matters determined to be important by Ordinance of the Ministry of Oceans and Fisheries from among the details of port facility security plans. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Before granting approval for port facility security plans as prescribed in paragraph (3), the Minister of Oceans and Fisheries shall consult the heads of related national security agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Matters necessary to obtain approval for port facility security plans referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 26 (Port Facility Security Verifications) |
| (1) | In order to confirm whether the owners of port facilities adequately implement measures, etc. in accordance with the port facility security plans under Article 25 for the port facilities that they own, manage, or operate, they shall undergo a security verification by the Minister of Oceans and Fisheries according to the following classification (hereinafter referred to as "port facility security verification"): <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Initial security verification: Verification implemented at a time prescribed by Ordinance of the Ministry of Oceans and Fisheries to obtain a statement of compliance of a port facility under Article 27 (1) for the first time; |
| 2. | Renewed security verification: Verification implemented at a time prescribed by Ordinance of the Ministry of Oceans and Fisheries before a statement of compliance of a port facility under Article 28 becomes invalid; |
| 3. | Intermediate security verification: Verification implemented at a time prescribed by Ordinance of the Ministry of Oceans and Fisheries, between an initial security verification and a renewed security verification or between renewed security verifications. |
| (2) | When a port facility owner is temporarily operating a port facility prior to the initial security verification under paragraph (1) 1, and as prescribed by Ordinance of the Ministry of Oceans and Fisheries, the owner shall undergo a security verification to confirm whether or not the port facility security plan has been prepared and implemented by the Minister of Oceans and Fisheries (hereinafter referred to as “temporary port facility security verification”). <Newly Inserted on Feb. 18, 2020> |
| (3) | Where reasons prescribed by Ordinance of the Ministry of Oceans and Fisheries exist, such as the occurrence of a security incident within port facilities, etc., the Minister of Oceans and Fisheries may implement a security verification to confirm as to whether port facility security plans have been drafted and implemented for the port facilities (hereinafter referred to as "special port facility security verification"). In such cases, the Minister of Oceans and Fisheries shall consult the heads of related national security agencies in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (4) | Matters necessary for details, procedures, and methods of port facility security verification, temporary port facility security verification, and special port facility security verification under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| Article 27 (Issuance of Statements of Compliance of Port Facility or Interim Statements of Compliance of Port Facility) |
| (1) | The Minister of Oceans and Fisheries shall issue a statement of compliance of a port facility prescribed by Ordinance of the Ministry of Oceans and Fisheries to port facilities that have passed an initial security verification or a renewed security verification under Article 26 (1) 1 and 2. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries shall indicate the findings of a verification, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, in the statement of compliance of a port facility under paragraph (1) for port facilities that have passed an intermediate security verification or a special port facility security verification under Article 26 (1) 3 and (3). <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (3) | The Minister of Oceans and Fisheries shall issue an interim statement of compliance of port facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries to port facilities that have passed a security verification for temporary port facilities. <Amended on Feb. 18, 2020> |
| (4) | The owners of port facilities shall keep the original statement of compliance of a port facility or interim statement of compliance of a port facility (hereinafter referred to as "statement of compliance of a port facility, etc.") in the main office. <Newly Inserted on Feb. 18, 2020> |
[Title Amended on Feb. 18, 2020]
| Article 28 (Validity of Statements of Compliance of Port Facilities) |
| (1) | The term of validity of a statement of compliance of a port facility shall be prescribed by Presidential Decree within five years, and the term of validity of an interim statement of compliance of a port facility shall be prescribed by Presidential Decree within six months. <Amended on Feb. 18, 2020> |
| (2) | The Minister of Oceans and Fisheries may extend the period of validity of statements of compliance of port facilities under paragraph (1), as prescribed by Presidential Decree, by up to three months. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The validity of statements of compliance of port facilities for port facilities that have failed an intermediate security verification under Article 26 (1) 3 shall be suspended until they pass an appropriate port facility security verification. |
[Title Amended on Feb. 18, 2020]
| Article 29 (Prohibition of Operating Port Facilities not in Possession of Statements of Compliance of Port Facilities) |
No one shall operate port facilities, which do not carry a statement of compliance of a port facility or carry a statement of compliance of a port facility, the validity of which is suspended or forfeited: Provided, That this shall not apply to cases prescribed by Ordinance of the Ministry of Oceans and Fisheries where port facilities need to be operated temporarily under unavoidable circumstances. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>
[Title Amended on Feb. 18, 2020]
| Article 30 (Preparation and Keeping of Port Facility Security Records) |
| (1) | The owners of port facilities shall prepare a record stating threats to the security of the port facilities that they own, manage and operate, measures taken, etc. (hereinafter referred to as "port facility security records") and keep it in the office located in the relevant port facilities. |
| (2) | Such matters as the items to be recorded, methods for preparing, keeping, etc. port facility security records shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 30-2 (Security Checking of Passengers, etc. of Passenger Ships on International Voyage) |
| (1) | Those who board Korean-flag or foreign-flag ships on international voyage used as a passenger ship (hereinafter referred to as "passenger ship on international voyage") shall be subject to security checking of their body, carry-on baggage, and checked baggage. <Amended on Dec. 2, 2016> |
| (2) | The security checking prescribed in paragraph (1) shall be implemented by the owners of port facilities who operate the relevant international passenger terminal: Provided, That where the owners of such port facilities are unable to implement security checking due to strikes, etc., the heads of instructing and supervisory agencies referred to in paragraph (4) shall require officials under their command to do so. |
| (3) | Deleted. <Dec. 2, 2016> |
| (4) | Security checking of body and carry-on baggage, as part of security checking implemented by the owners of port facilities as prescribed in the main sentence of paragraph (2), shall be instructed and supervised by the head of the relevant headquarters of the police; security checking of checked baggage shall be instructed and supervised by the head of the relevant customs office. <Amended on Dec. 2, 2016> |
| (5) | Such matters as the methods, procedures, etc. for implementing security checking referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[Title Amended on Jul. 2, 2016]
[Moved from Article 22 <Dec. 2, 2016>]
| Article 31 (Securing Guard and Search Manpower, and Facilities and Equipment for Security) |
| (1) | The owners of port facilities shall secure guard and search manpower necessary to ensure and maintain the security of port facilities that they own, manage or operate, and to conduct security checking of passenger ships on international voyage under Article 30-2, and construct, expand, rebuild or install necessary facilities and equipment, and maintain and repair them. <Amended on Dec. 2, 2016> |
| (2) | The owners of port facilities shall secure the guard and search manpower under paragraph (1) by any of the following methods: <Newly Inserted on Dec. 2, 2016> |
| (3) | The Minister of Oceans and Fisheries shall designate an agency, recommended by the owners of port facilities, which meets the designation requirements prescribed by Ordinance of the Ministry of Oceans and Fisheries such as capital, as an agency to perform guard and search duties. <Newly Inserted on Dec. 2, 2016> |
| (4) | Where the agency designated under paragraph (3) falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation: Provided, That he or she shall cancel the designation in cases falling under subparagraph 1 or 2: <Newly Inserted on Dec. 2, 2016> |
| 1. | Where it is designated by fraud or other improper means; |
| 3. | Where it fails to meet the requirements for designation under paragraph (3): Provided, That this shall not apply to cases where it fails to meet the designation requirements temporarily but meets the requirements again within three months. |
| 4. | Where it causes damage to human life either intentionally or by gross negligence in the course of performing guard and search duties for the port facilities in question or fails to perform such duties. |
| (5) | Where the Minister of Oceans and Fisheries cancels the designation of an agency commissioned to perform guard and search duties under paragraph (4), he or she shall hold a hearing. <Newly Inserted on Dec. 2, 2016> |
| (6) | The detailed standards for securing guard and search manpower and security facilities and equipment under paragraph (1) and matters necessary for the designation, such as procedures for designating an agency to perform guard and search duties under paragraph (3), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 2, 2016> |
| Article 31-2 (Installation and Operation of Closed-Circuit Televisions) |
| (1) | Each owner of port facilities shall install closed-circuit televisions at the port facilities that he or she owns or manages and operates in order to ensure the prevention of crime and security. In such cases, the resolution standards shall be maintained to ensure situational understanding necessary for crime prevention and security. |
| (2) | Each owner of port facilities shall prepare guidelines on operating and managing closed-circuit televisions to prevent the loss, theft, leakage, alteration, or corruption of videos recorded by closed-circuit television cameras. |
| (3) | Matters necessary under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, including the standards for installing and managing closed-circuit televisions; the resolution standards for closed-circuit televisions; and the preparation of guidelines on operation and management. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 32 (Provision of Information on Port Facility Security) |
| (1) | When a security incident has occurred in any port facilities owned, managed or operated by the owners of port facilities, they shall immediately report such fact to the Minister of Oceans and Fisheries and the heads of national security agencies, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the owners of port facilities are requested by the Minister of Oceans and Fisheries or the heads of national security agencies to provide information on the security of the port facilities that they own, manage, or operate, they shall immediately comply therewith, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Such matters as the details or information to be reported or provided under paragraphs (1) and (2), methods therefor, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 33 (Responsibilities of Users of Port Facilities) |
| (1) | In order to prevent security incidents, no user of port facilities shall perform any of the following acts: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Concealing with harmful goods specified and publicly notified by the Minister of Oceans and Fisheries, such as animals using live bullets in a port facility or a ship with weapons of storage (including explosives, etc.), where goods containing biochemical weapons are available in a natural plant or in a harbor, equipment (which shall be sold out), explosives with high, or combustion; |
| 2. | Refusing to comply with inspections, searches, instructions, etc. for preventing a security incident without justifiable reasons; |
| 3. | Trespassing on an area prescribed by Ordinance of the Ministry of Oceans and Fisheries within port facilities without due process of entry; |
| 4. | Taking pictures within port facilities without permission of the port facility security officer in an area prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| (2) | Notwithstanding paragraph (1) 1, weapons prescribed by Presidential Decree may be carried in or possessed with the permission of the Minister of Oceans and Fisheries if necessary to perform duties prescribed by Presidential Decree, such as security guard, search, and security services of port facilities. <Newly Inserted on Feb. 18, 2020> |
| (3) | Such matters as the process of entry into port facilities, matters to be observed by entrants, etc. in connection with the responsibilities of users of port facilities referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020> |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 34 (Security Committee) |
| (1) | In order to deliberate and decide upon important matters concerning the security of ships on international voyage and port facilities, an international ship and port facility security committee (hereinafter referred to as "security committee") shall be established under the command of the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The security committee shall deliberate upon any of the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Matters concerning the formulation of national port security plans under Article 5; |
| 2. | Matters concerning the establishment and adjustment of levels of security under Article 6; |
| 3. | Matters concerning the securing and maintenance of security of ships and port facilities; |
| 4. | Matters concerning international cooperation relating to the security of ships and port facilities; |
| 5. | Other matters concerning the security of ships and port facilities, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | The security committee shall be comprised of up to 10 members including one chairperson and two vice chairpersons. |
| (4) | The Vice Minister of Oceans and Fisheries shall serve as the chairperson of the security committee; public officials of the Ministry of Oceans and Fisheries belonging to the Senior Executive Service shall serve as the vice chairpersons thereof; public officials of Grade III or IV, or public officials in general service belonging to the Senior Executive Service (including State public officials in special service or in extraordinary service corresponding thereto) shall become its members. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | The security committee shall pass resolutions by a majority of the total members enrolled and a majority vote of the members present. |
| (6) | Other matters necessary for the composition, operation, etc. of the security committee shall be prescribed by Presidential Decree. |
| Article 35 (Drafting of Declaration of Security) |
| (1) | Ship security officers and port facility security officers may draft and exchange an agreement on detailed security measures (hereinafter referred to as "declaration of security") to be mutually performed in the course of ship/port interface or mutual activities between ships. |
| (2) | Where grounds prescribed by Ordinance of the Ministry of Oceans and Fisheries exist, such as the occurrence of a security incident, etc. notwithstanding paragraph (1), the Minister of Oceans and Fisheries may recommend ship security officers and port facility security officers to draft and exchange a declaration of security. In such cases, ship security officers and port facility security officers shall comply therewith unless there is special reasons not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Such matters as the methods of drafting a declaration of security, procedures therefor, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 36 (Internal Security Verification) |
| (1) | Each owner of ships on international voyage and each owner of port facilities shall designate a person with specialized knowledge in security as an internal security verification auditor to implement internal security verifications at less than yearly intervals. |
| (2) | The details of, and procedures for, an internal security verification, qualifications as an internal security verification auditor, etc. referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 37 (Security Verification Auditors) |
| (1) | Where necessary, the Minister of Oceans and Fisheries may appoint a qualified public official prescribed by Ordinance of the Ministry of Oceans and Fisheries under his or her control as a ship security verification auditor, and have him or her perform the following affairs: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 18, 2020; Feb. 18, 2020> |
| 1. | Approval for ship security plans under Article 10 (3); |
| 2. | Ship security verifications, interim ship security verifications and special ship security verifications under Article 11 (1) through (3); |
| 3. | Issuance, etc. of international ship security certificates, etc. under Article 12 (1) through (3); |
| 4. | Issuance and re-issuance of continuous synopsis records under Article 16; |
| 5. | Affairs pertaining to port State's control under Article 19. |
| (2) | The Minister of Oceans and Fisheries may appoint a person who has qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries from among the public officials belonging to it as a port facility security verification auditor to perform port facility security verification, temporary port facility security verification, and special port facility security verification. <Newly Inserted on Feb. 18, 2020> |
| Article 38 (Vicarious Performance of Security Verification) |
| (1) | Where deemed necessary, the Minister of Oceans and Fisheries may allow a person who meets the standards determined by the Minister of Oceans and Fisheries (hereinafter referred to as "recognized security organization") to perform the duties of a security verification auditor concerning port facility security verification under Article 26 (1) and the security of ships on international voyage under subparagraphs 2 and 3 of Article 37 and paragraph (2) of the same Article as proxy. In such cases, the Minister of Oceans and Fisheries shall conclude an agreement with such recognized security organization, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (2) | Where a recognized security organization falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation or suspend the performance of its duties, specifying a period of such suspension of up to six months: Provided, That where such recognized security organization falls under subparagraph 1, the Minister of Oceans and Fisheries shall cancel the designation: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Where it has obtained designation by fraud or other improper means; |
| 2. | Where it is no longer qualified as a recognized security organization under paragraph (1); |
| 3. | Where an independent testing institution refuses submission of report or materials under Article 41 (2); |
| 4. | Where it refuses, obstructs, or evades entry or inspection under Article 41 (3); |
| 5. | Where it fails to comply with improvement orders, to take corrective measures, etc. under Article 41 (6). |
| (3) | When the Minister of Oceans and Fisheries cancels designation under paragraph (2), he or she shall hold a hearing. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Such matters as the standards for the designation of recognized security organizations, detailed standards for administrative dispositions under paragraph (2), instruction, supervision, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 39 (Security Training and Drill) |
| (1) | Each owner of ships on international voyage and each owner of port facilities shall formulate and implement plans for the security training and drill for company security officers, ship security officers and port facility security officers (hereinafter referred to as "security officers") and of persons, other than security officers, in charge of security duties in port facilities (hereinafter referred to as "security personnel"). |
| (2) | Each owner of ships on international voyage and each owner of port facilities shall have security officers under their command implement the security drill for the crew of relevant ships and security workers including security and search personnel of port facilities at less than three-monthly intervals. <Amended on Feb. 18, 2020> |
| (3) | Each owner of ships on international voyage and each owner of port facilities shall implement an exercise program participated in by security officers, security personnel, etc. at least once a year, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the interval between security drill sessions shall not exceed 18 months. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Where ships on international voyage owned, managed, or operated by the owners of ships on international voyage have participated in an international exercise managed by foreign governments, etc., they shall report such fact to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Matters necessary for security training and drill, etc. under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 40 (Security Training Institutions) |
| (1) | In order to implement security training for security officers and security personnel and security training necessary to help security verification auditors to maintain their qualifications under Article 37, the Minister of Oceans and Fisheries may designate security training institutions. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Matters necessary for the requirements for designation, such as facility standards, number of educators, etc. of a security training institution under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Where a security training institution falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation thereof or suspend the duties thereof for up to six months: Provided, That where such institution falls under subparagraph 1, the Minister shall cancel its designation: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Where it has obtained designation by fraud or other improper means; |
| 2. | Where it is no longer qualified as a security training institution under paragraph (2); |
| 3. | Where it has refused to file a report or to submit data under Article 41 (2); |
| 4. | Where it refuses, obstructs, or evades entry or inspection under Article 41 (3); |
| 5. | Where it fails to comply with orders for improvement orders or corrective measures, etc. under Article 41 (6). |
| (4) | Where the Minister of Oceans and Fisheries cancels any designation under paragraph (3), he or she shall hold a hearing. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Such matters as the detailed standards for administrative dispositions under paragraph (3), instruction, supervision, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 41 (Security Supervision) |
| (1) | In order to prevent security incidents and to efficiently perform duties concerning the security of ships on international voyage and port facilities, the Minister of Oceans and Fisheries shall designate public officials under his or her control as security supervisors and have them conduct inspections on the security of ships on international voyage and port facilities. <Newly Inserted on Feb. 18, 2020> |
| (2) | Where deemed necessary to conduct an inspection under paragraph (1), the Minister of Oceans and Fisheries may require the relevant persons, such as the owners of ships on international voyage, the owners of port facilities, recognized security organizations, security training institutions, etc. to file a necessary report or submit data. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (3) | Where the Minister of Oceans and Fisheries acknowledges that it would be impracticable to achieve the intended purposes upon scrutiny into the details of the report or data submitted as prescribed in paragraph (2), he or she may have public officials under his or her command enter the ships in question, port facilities or places of business (hereafter referred to as "ships, etc." in this Article) and inspect matters relevant to the security of ships and port facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (4) | Where the Minister of Oceans and Fisheries conducts an inspection under paragraph (3), he or she shall notify the owners of ships on international voyage, owners of port facilities, recognized security organizations, security training institutions, etc. of an inspection plan containing such information as the inspection officers, date, grounds and other details, etc. not later than seven days before such inspection: Provided, That where it is urgently needed due to the navigation schedule, etc. of ships or it is acknowledged as impractical to accomplish the purposes of such inspection under paragraph (3) due to the possible destruction of evidence, etc. by advance notification, notification process may be omitted. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (5) | The public officials authorized to conduct an inspection under paragraph (3) shall carry a certificate indicating his or her authority and show it to interested parties, and deliver documents stating names, time of entry, purpose of entry, etc. to interested parties when entering the relevant ships, etc. <Amended on Feb. 18, 2020> |
| (6) | Where the Minister of Oceans and Fisheries acknowledges that this Act or orders issued under this Act have been violated or obstacles exist to the maintenance of security upon inspection under paragraph (3), he or she may order the relevant ships, etc. to make improvements or take corrective measures, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (7) | Where it is acknowledges as necessary or requested by the heads of related national security agencies, the Minister of Oceans and Fisheries may conduct joint inspections under paragraph (3) with the related national security agencies, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (8) | Details necessary for the qualification, designation, operation, and inspection tasks of security supervisors under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Feb. 18, 2020> |
[Title Amended on Feb. 18, 2020]
| Article 42 (Port Facility Security Surcharges) |
| (1) | The owners of port facilities may collect expenses incurred in securing guard and search manpower and security facilities and equipment, etc. from the users of the relevant port facilities under Article 31or Article 31-2 (hereinafter referred to as "port facility security surcharge"). <Amended on Dec. 2, 2016; Apr. 17, 2018> |
| (2) | The Minister of Oceans and Fisheries shall determine and publicly notify standards for collection rates of port facility security surcharges in consultation with the heads of related central administrative agencies. <Newly Inserted on Feb. 18, 2020> |
| (3) | When the owners of port facilities intend to collect port facility security surcharges under paragraph (1), they shall obtain approval for collection rates from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply when changing it. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (4) | When the Minister of Oceans and Fisheries intends to approve collection rates of port facility security surcharges pursuant to paragraph (3), he or she shall consult the heads of related central administrative agencies in advance: Provided, That this shall not apply where the rate of collection intended to be approved does not exceed the standard rate prescribed in paragraph (2). <Amended on Feb. 18, 2020> |
| (5) | Each person who conducts marine cargo transportation services, marine passenger transportation services, or shipping agency services under the Marine Transportation Act, or harbor loading and unloading services under the Harbor Transport Business Act (hereinafter referred to as "marine cargo transportation services provider, etc."), may pay security surcharges for port facilities of persons who use port facilities in a lump sum. <Newly Inserted on Feb. 18, 2020> |
| (6) | Where a maritime cargo transportation service provider, etc. has paid the port facility security surcharges of a user of the port facility in lump sum in accordance with paragraph (5), the owner of the port facility may pay the relevant business operator expenses incurred in vicariously paying the port facility security surcharges, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Feb. 18, 2020> |
| (7) | Matters necessary for the standards for collection rates of port facility security surcharges, collection methods, procedures, etc. under paragraph (2) shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 18, 2020> |
| (1) | Those who intend to obtain approval for ship security plans under Article 10 (3), to undergo ship security verifications, interim ship security verifications and special ship security verifications under Article 11, to obtain approval for port facility security plans under Article 25 (3), or to undergo port facility security verifications, temporary port facility verifications, special port facility security verifications under Article 26 shall pay required fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| (2) | Where recognized security organizations perform security inspection as proxy under Article 38, persons who intend to undergo a security verification under paragraph (1) of the same Article shall pay fees determined by such recognized security organizations. |
| (3) | Where recognized security organizations intend to collect fees as prescribed in paragraph (2), they shall determine the standards, rates, etc. thereof and obtain approval therefor from the Minister of Oceans and Fisheries. The same shall also apply to the modification thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 44 (Delegation of Authority) |
Part of the authority of the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard under this Act may be delegated to the heads of agencies under the jurisdictions of the Ministers as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| Article 45 (Financial Support) |
The State may assist the owners of port facilities with all or some of the expenses for ensuring security prescribed in Articles 31 or 31-2 within budgetary limits. <Amended on Dec. 2, 2016; Apr. 17, 2018>
| Article 46 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 1. | Executive officers and employees of the agency entrusted with guard and search duties under Article 31 (2) 2; |
| 2. | Executive officers and employees of recognized security organizations performing security verification duties, etc. as proxy under Article 38. |
[This Article Wholly Amended on Dec. 2, 2016]>
CHAPTER V PENALTY PROVISIONS
| Article 47 (Penalty Provisions) |
Any person who has illegally carried in or concealed harmful goods into port facilities or vessels in the port in violation of Article 33 (1) 1 shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won. <Amended on Feb. 18, 2020>
| Article 48 (Penalty Provisions) |
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 on Aug. 2, 2016; Feb. 18, 2020>
| 1. | Any person who is issued an international ship security certificate or an interim international ship security certificate under Article 12 by fraud or other improper means; |
| 2. | Any person who uses a ship for navigation, which fails to keep an international ship security certificate, etc. or keeps an international ship security certificate, etc., the validity of which has been suspended or forfeited, in violation of Article 14; |
| 3. | Any person who is issued a statement of compliance of a port facility, etc. under Article 27 by fraud or other wrongful means; |
| 4. | Any person who operates port facilities, which fail to keep a statement of compliance of a port facility or keeps a statement of compliance of a port facility, the validity of which has been suspended or forfeited, in violation of Article 29; |
| 4-2. | Any person who is designated under Article 31 (3) by fraud or other improper means; |
| 5. | Any person designated as a recognized security organization under Article 38 by fraud or other improper means; |
| 6. | Any person designated as a security training institution under Article 40 (1) by fraud or other improper means; |
| 7. | Any person who fails to comply with an improvement order, corrective order, etc. under Article 41 (6). |
| Article 49 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Oct. 2, 2016; Jan. 17, 2018; Feb. 18, 2020>
| 1. | Any person who violates specific security measures under Article 6 (5) or fails to comply with instructions on security measures under paragraph (6) of the same Article; |
| 2. | Any person who fails to implement security checking, in violation of the main sentence of Article 30-2 (2); |
| 3. | Any person who fails to secure guard and search manpower and security facilities and equipment under Article 31 (1); |
| 3-2. | A person who fails to install a closed-circuit television, in violation of the former part of Article 31-2 (1), or fails to maintain the standards of resolution, in violation of the latter part of the same paragraph; |
| 4. | Any person who fails to comply with an inspection, search, instruction, etc. without justifiable reasons, in violation of Article 33 (1) 2; |
| 5. | Any person who reports or submits data under Article 41 (2) fraudulently; |
| 6. | Any person who refuses, obstructs or evades an inspection under Article 41 (3); |
| 7. | Any person who collects port facility security surcharges without approval for collection rates of port facility security surcharges (including changed rates) under Article 42 (3). |
| Article 50 (Application of Penalty Provisions) |
| (1) | Penalty provisions applicable to the owners of port facilities who violate this Act and orders issued under this Act shall not apply where such owners of port facilities are the State or local governments. |
| (2) | In applying penalty provisions, the provisions of this Act and orders issued under this Act concerning the owners of ships on international voyage shall respectively apply to managers when such owners of ships on international voyage appoint managers; to operators when the operators of ships on international voyage are entrusted with the operation of ships on international voyage by the owners or managers of such ships on international voyage. |
| (3) | In applying penalty provisions, the provisions of this Act and orders issued under this Act concerning the owners of port facilities shall respectively apply to managers when such owners of port facilities appoint managers; to operators when the operators of port facilities are entrusted with the operation of port facilities by the owners or managers of such port facilities. |
| Article 51 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or an employee of, or any other person employed by, a corporation or individual commits a violation specified in Article 48 or 49 in connection with the business affairs of such corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. [This Article Wholly Amended on Apr. 1, 2009]
| Article 52 (Administrative Fines) |
| (1) | A person falling under any of the following subparagraphs shall be punished by an administrative fine not exceeding three million won: <Amended on Apr. 17, 2018; Feb. 18, 2020> |
| 1. | Any person who designates a person who fails to meet the qualifications under Article 7 (1) as a company security officer; |
| 2. | Any person who fails to fulfill the notification duty, in violation of Article 7 (2); |
| 3. | Any person who fails to comply with an order to change a company security officer under Article 7 (4); |
| 4. | Any person who appoints a person not meeting the qualifications under Article 8 (1) as a ship security officer; |
| 5. | Any person who fails to implement a security assessment under Article 9 (1) and (2), or fails to keep the findings of a ship security assessment in the main office; |
| 6. | Any person who fails to keep ship security plans, in violation of Article 10 (1); |
| 7. | Any person who fails to keep original international ship security logbooks, etc. within the ship, in violation of Article 12 (4); |
| 8. | Any person who fails to prepare a ship security record or fails to keep the same, in violation of Article 15 (1); |
| 9. | Any person who fails to keep a continuous synopsis record within the ship, in violation of Article 16 (1); |
| 10. | Any person who fails to have a continuous synopsis record re-issued or fails to keep the same within the ship, in violation of Article 16 (2); |
| 11. | Any person who fails to notify a change of the nationality of a ship, in violation of Article 16 (3); |
| 12. | Any person who fails to install or possess ship security alarm devices, etc., in violation of Article 17 (1); |
| 13. | Any person who fails to indicate a ship identification number, in violation of Article 18 (1); |
| 14. | Any person who designates a person who fails to meet the qualifications under Article 23 (1) as a port facility security officer; |
| 15. | Any person who fails to fulfill the notification duty, in violation of Article 23 (2); |
| 16. | Any person who fails to keep a port facility security plan, in violation of Article 25 (1); |
| 17. | Any person who fails to keep an original statement of compliance of a port facility in the office, in violation of Article 27 (4); |
| 18. | Any person who fails to prepare a port facility security record or fails to keep the same, in violation of Article 30 (1); |
| 18-2. | Where he or she fails to establish guidelines on the operation and management of closed-circuit televisions, in violation of Article 31-2 (2); |
| 19. | Any person who fails to report a security incident or fails to provide information on the security of port facilities, in violation of Article 32 (1) and (2); |
| 20. | Any person who trespasses without due process, in violation of Article 33 (1) 3; |
| 21. | Any person who shoots without permission from the port facility security officer in an area where taking pictures in port facilities is restricted, in violation of Article 33 (1) 4; |
| 22. | Any person who designates a disqualified person as an internal security verification auditor or fails to implement an internal security verification, in violation of Article 36 (1) and (2); |
| 23. | Any person who fails to formulate or implement a plan for security training and drill, in violation of Article 39 (1); |
| 24. | Any person who fails to implement security drill, in violation of Article 39 (2) and (3); |
| 25. | Any person who fails to report having participated in an international exercise, in violation of Article 39 (4); |
| 26. | Any person who fails to submit related data or to give a report, in violation of Article 41 (2). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Deleted. <Apr. 1, 2009> |
| (4) | Deleted. <Apr. 1, 2009> |
| (5) | Deleted. <Apr. 1, 2009> |
ADDENDA <Act No. 8618, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 42 shall enter into force three years after the date of its promulgation. Article 2 (Transitional Measures concerning Establishment and Adjustment of Levels of Security)
The levels of security of ships on international voyage and port facilities established and adjusted according to the standards determined and announced by the Minister of Maritime Affairs and Fisheries at the time this Act enters into force shall be deemed to have been established and adjusted under Article 6. Article 3 (Transitional Measures concerning Designation of Security Officers)
The company security officers, ship security officers and port facility security officers designated according to the standards determined and announced by the Minister of Maritime Affairs and Fisheries at the time this Act enters into force shall be deemed to have been designated under Articles 7, 8 and 23. Article 4 (Transitional Measures concerning Ship Security Plans)
| (1) | The ship security plans and port facility security plans for which approval or approval for modification has been obtained from the related national agencies, and international ship security certificates, interim international ship security certificates and statements of compliance of port facilities issued by related national agencies according to the standards determined or announced by the Minister of Maritime Affairs and Fisheries at the time this Act enters into force shall be deemed to have been approved or approved for modification thereof under this Act, within the term of their validity. |
| (2) | Continuous synopsis records issued according to the standards determined and announced by the Minister of Maritime Affairs and Fisheries at the time this Act enters into force shall be deemed to have been issued under Article 16. |
Article 5 (Transitional Measures concerning Security Training Institutions)
| (1) | The security training institutions designated according to the standards determined and announced by the Minister of Maritime Affairs and Fisheries at the time this Act enters into force shall be deemed to have been designated under Article 40 (1): Provided, That where the requirements for designation under Article 40 (2) are not met within sixty days after this Act enters into force, such designation shall be deemed to have been cancelled as prescribed in Article 40 (3). |
| (2) | Those who have completed security training at a security training institution designated under the standards determined and announced by the Minister of Maritime Affairs and Fisheries at the time this Act enters into force shall be deemed to have completed security training at the security training institution designated under Article 40 (1). |
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.
ADDENDUM <Act No. 9611, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9773, Jun. 9, 2009>
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. 11578, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Shelters)
Where a shelter is installed in compliance with the requirements for ship's facilities publicly announced in accordance with Article 26 of the Ship Safety Act at the time this Act enters into force, a shelter prescribed in the amended provisions of Article 17 shall be deemed to have been installed.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Acts amended by Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement date of which has not arrived yet, shall enter into force on the enforcement date of the respective Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14347, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Persons Entrusted with Security Verification Duties)
Where the owners of port facilities entrust security checking under previous Article 22 (3) or guard and search duties to secure the guard and search manpower under previous Article 31 (1) at the time this Act enters into force, the person entrusted therewith by the owners of port facilities may conduct security checking or guard and search without designation from the Minister of Oceans and Fisheries until one year after the enforcement date of this Act, notwithstanding the amended provisions of Article 31 (3).
ADDENDA <Act No. 14504, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
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 amendments to the Acts amended under Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on their respective enforcement dates. Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15603, Apr. 17, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17021, Feb. 18, 2020>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 38 (2) 3 through 5, 40 (3) 3 through 5, Article 41, subparagraph 7 of Article 48, subparagraphs 5 and 6 of Article 49, and Article 52 (1) 26 shall enter into force six months after the date of its promulgation.