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ACT ON THE ARRIVAL AND DEPARTURE OF SHIPS

Act No. 13186, Feb. 3, 2015

Amended by Act No. 14732, Mar. 21, 2017

Act No. 14839, Jul. 26, 2017

Act No. 15003, Oct. 31, 2017

Act No. 15009, Oct. 31, 2017

Act No. 15012, Oct. 31, 2017

Act No. 16280, Jan. 15, 2019

Act No. 16652, Nov. 26, 2019

Act No. 16700, Dec. 3, 2019

Act No. 16699, Dec. 3, 2019

Act No. 16899, Jan. 29, 2020

Act No. 16902, Jan. 29, 2020

Act No. 17007, Feb. 18, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters necessary to support the arrival and departure of ships in the water zone, etc. of trade ports and to maintain the safety and order of ship operation.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended on Dec. 3, 2019; Jan. 29, 2020; Feb. 18, 2020>
1. The term "trade port" means a harbor prescribed in subparagraph 2 of Article 2 of the Harbor Act;
2. The term “water zone, etc. of a trade port” means a water zone of a trade port, and waterfront facilities outside a water zone prescribed in subparagraph 5 (a) (i) of Article 2 of the Harbor Act, which are designated and publicly notified by the management authority;
2-2 The term "management authority" means each of the following administrative authorities that performs administrative affairs regarding the arrival, departure, etc. of ships in a water zone, etc. of a trade port:
(a) National trade ports under Article 3 (2) 1 of the Harbor Act: The Minister of Oceans and Fisheries;
(b) Regional trade ports under Article 3 (2) 2 of the Harbor Act: The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor");
3. The term “ship” means a ship prescribed in Article 1-2 (1) of the Ship Act;
4. The term “tugboat” means a ship which assists ships in docking, undocking, and mooring by pulling or pushing such ships that arrive at or depart from trade ports or move nearby, among towing boats prescribed in subparagraph 13 of Article 2 of the Ship Safety Act (hereinafter referred to as “towing boat”);
5. The term “priority give-way vessel” means the following ships operating mainly in the water zone of trade ports, which shall avoid the path of other ships:
(a) A barge prescribed in Article 1-2 (1) 3 of the Ship Act (including a towing boat and barge where such towing boat is pulling or pushing the barge, but excluding a pusher barge operating in linkage with a towing boat);
(b) A ship operating mainly by oars or poles;
(c) A tugboat;
(d) A ship owned by a person who files for registration of harbor transport-related business prescribed in Article 26-3 (1) of the Harbor Transport Business Act;
(e) A ship owned by a person who filed for registration of marine environmental management business pursuant to Article 70 (1) of the Marine Environment Management Act or who filed for registration of waste management business under Article 19 (1) of the Management of Marine Wastes and Polluted Marine Sediments Act (excluding ships registered for the business of dumping waste at sea);
(f) A ship, the gross tonnage of which is less than 20 tons, not falling under any of items (a) through (e);
6. The term “anchoring” means that a ship stops operating by lowering an anchor to the seabed;
7. The term “anchorage” means a place where a ship can anchor;
8. The term “stoppage” means that a ship stops operating temporarily at sea;
9. The term “mooring” means that a ship is fastened into any part of the other facilities;
10. The term “laying up” means that a ship stops operating and then anchors or moors;
11. The term “sea lane” means a waterway designated and publicly notified pursuant to Article 10 to be used as a path for the arrival and departure of ships;
12. The term “dangerous goods” means a substance prescribed by Ordinance of the Ministry of Oceans and Fisheries, which is likely to cause a fire or explosion, or to harm humans or the marine environment: Provided, That dangerous goods used in the relevant ship to navigate the ship or maintain the safety of human life shall be excluded herefrom;
13. The term “person handling dangerous goods” means the captain of a ship transporting dangerous goods pursuant to Article 37 (1) 1 and a person who handles dangerous goods;
14. Deleted; <Dec. 3, 2019>
15. Deleted. <Dec. 3, 2019>
 Article 3 (Relationship to Other Statutes)
Except as otherwise provided in other statutes, this Act shall apply to the arrival and departure of ships in the water zone, etc. of a trade port.
CHAPTER II ARRIVAL, DEPARTURE AND ANCHORING
 Article 4 (Reports on Arrival and Departure)
(1) The captain of a ship which intends to arrive at or depart from the water zone, etc. of a trade port (hereafter in this Article referred to as “captain”) shall file a report thereon with the management authority, as prescribed by Presidential Decree: Provided, That reports on arrival and departure need not be filed in cases of the following ships: <Amended on Feb. 18, 2020>
1. A ship, the gross tonnage of which is less than five tons;
2. A ship used for rescue operations following marine accidents;
3. A motor boat and motor yachts operating between domestic ports among the water leisure crafts prescribed in subparagraph 3 of Article 2 of the Water-Related Leisure Activities Safety Act;
4. Other ships prescribed by Ordinance of the Ministry of Oceans and Fisheries for public purposes or efficient port operation.
(2) Upon receipt of a report prescribed in paragraph (1), the management authority shall accept such report after reviewing the details thereof, if it conforms to this Act. <Newly Inserted on Jan. 15, 2019; Feb. 18, 2020>
(3) Notwithstanding paragraph (1), in case of a war, incident, or any other national emergency equivalent thereto, or in cases necessary for national security, the captain shall obtain permission from the management authority, as prescribed by Presidential Decree. <Amended on Jan. 15, 2019; Feb. 18, 2020>
 Article 5 (Use of Anchorage)
(1) The management authority may designate and publicly notify an anchoring zone or anchorage according to the type, tonnage, draft, or type of freight of a ship which anchors in the water zone, etc. of a trade port. <Amended on Feb. 18, 2020>
(2) Any ship which intends to anchor in the water zone, etc. of a trade port (excluding priority give-way vessels) shall anchor in an anchoring zone or anchorage pursuant to paragraph (1): Provided, That the same shall not apply in cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, including avoidance of marine accidents.
(3) No priority give-way vessel shall anchor or stop in any place which is likely to interrupt the navigation of other ships.
(4) The captain of a ship which anchors in places other than anchoring zones or anchorages pursuant to the proviso of paragraph (2) shall immediately file a report thereon with the management authority. <Amended on Feb. 18, 2020>
 Article 6 (Limitation and Method of Anchoring)
(1) No ship shall anchor or stop in the following places in the water zone, etc. of a trade port:
1. A water zone near a wharf, landing pier, quay, mooring buoy, dolphin, and dock;
2. A water zone near a river, canal, other narrow waterway and the entrance to moorings.
(2) Notwithstanding paragraph (1), a ship may anchor or stop in a place prescribed in the subparagraphs of paragraph (1) in the following cases:
1. Where it is necessary to avoid marine accidents prescribed in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents;
2. Where it is impracticable to steer a ship due to its breakdown or other causes;
3. Where it is necessary to save a life or rescue a ship in urgent danger;
4. Where a ship is used in construction or any other work which is permitted under Article 41.
(3) Except for the limitation of anchoring or stoppage of ships prescribed in paragraph (1), the details regarding the limitation of anchoring or stoppage of ships in the water zone, etc. of a trade port for each trade port shall be determined and publicly notified by the management authority. <Amended on Feb. 18, 2020>
(4) For a ship which anchors in the water zone, etc. of a trade port, measures necessary to ensure safety shall be taken, such as lifting anchor fasteners to drop a spare anchor without delay and maintaining the state of the engine of a motor ship to be operated immediately.
(5) Where deemed necessary to ensure the safety of ships, the management authority may issue an order to change the anchoring place or method for ships which anchor in the water zone, etc. of a trade port. <Amended on Feb. 18, 2020>
 Article 7 (Reporting on Laying up Ships)
(1) Any person who intends to lay up a ship of at least 20 tons gross tonnage at the water zone, etc. of a trade port shall file a report thereon with the management authority, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020>
(2) Upon receipt of a report prescribed in paragraph (1), the management authority shall accept such report after reviewing the details thereof, if it conforms to this Act. <Newly Inserted on Jan. 15, 2019; Feb. 18, 2020>
(3) Any person who intends to lay up a ship pursuant to paragraph (1) shall lay up the ship at a place designated by the management authority. <Amended on Jan. 15, 2019; Feb. 18, 2020>
(4) Where deemed necessary for ensuring the safety of a ship laid up, the management authority may order the owner or lessee of the ship to embark the required number of seafarers to maintain safety. <Amended on Jan. 15, 2019; Feb. 18, 2020>
 Article 8 (Order to Move Ships)
The management authority may order a ship in the water zone, etc. of a trade port to move to a place determined by the management authority, in the following cases: <Amended on Jan. 29, 2020; Feb. 18, 2020>
1. Where it is found necessary to operate a trade port efficiently;
2. Where it is found necessary in case of a war, incident, or any other national emergency equivalent thereto, or in cases necessary for national security.
 Article 9 (Limitation of Ship Traffic)
(1) The management authority may limit or prohibit ship traffic by designating a sea lane or zone, if deemed necessary to ensure the safety of ship traffic in the water zone, etc. of a trade port. <Amended on Feb. 18, 2020>
(2) Where the management authority designates a sea lane or zone pursuant to paragraph (1), he or she shall determine and publicly announce the location of the sea lane or zone and the period of limitation and prohibition. <Amended on Feb. 18, 2020>
CHAPTER III SEA LANES AND NAVIGATION METHODS
 Article 10 (Designation and Observation of Sea Lanes)
(1) Where necessary for the safety of ship traffic in the water zone, etc. of a trade port, the management authority may designate and publicly notify the waterway in the trade port and outside the water zone of a trade port as a sea lane. <Amended on Feb. 18, 2020>
(2) Where a ship, other than a priority give-way vessel, arrives at, departs from, or passes through the water zone, etc. of a trade port, it shall navigate along the sea lane designated and publicly notified pursuant to paragraph (1): Provided, That the same shall not apply in cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as avoidance of marine accidents.
 Article 11 (Prohibition of Anchoring in Sea Lanes)
(1) No captain shall anchor or stop a ship, or leave a towed ship or floating materials unattended, in a sea lane: Provided, That the same shall not apply in cases falling under any subparagraph of Article 6 (2). <Amended on Jan. 29, 2020>
(2) Any person who intends to anchor or stop a ship due to any reason under subparagraphs 1 through 3 of Article 6 (2) shall file a report thereon with the management authority. In such cases, the captain of a ship falling under subparagraph 2 shall display the mark of vessels not under command pursuant to Article 85 (1) of the Maritime Safety Act. <Amended on Feb. 18, 2020>
 Article 12 (Navigation Methods in Sea Lanes)
(1) All ships shall navigate as follows:
1. A ship which enters or moves out of a sea lane shall navigate by avoiding the course of other ships navigating along the sea lane;
2. No ship shall navigate in parallel with any other ship;
3. A ship shall navigate on the right side where it is likely to run into other ships;
4. No ship shall overtake other ships: Provided, That when it is possible to see the ship to be overtaken and it is safe to so overtake it, a ship shall overtake other ships using the methods prescribed in Articles 67 (5) and 71 of the Maritime Safety Act;
5. No ship shall obstruct the course of any ship transporting any dangerous goods prescribed in Article 37 (1) 1 (excluding tank vessels among the ships prescribed in subparagraph 5 (d) of Article 2) or of the vessel constrained by her draught prescribed in subparagraph 14 of Article 2 of the Maritime Safety Act;
6. No sail ship prescribed in Article 1-2 (1) 2 of the Ship Act shall navigate along a sea lane in a zigzag course.
(2) Where deemed especially necessary for the safety of ship traffic, the management authority may determine and publicly notify matters regarding navigation methods, etc. in sea lanes, in addition to the matters prescribed in paragraph (1). In such cases, ships shall navigate accordingly. <Amended on Feb. 18, 2020>
 Article 13 (Navigation Methods Near Breakwater)
Where a ship arriving at the water zone, etc. of a trade port is likely to run into any ship departing from the entrance, etc. of a breakwater, it shall avoid the course of the ship departing outside the breakwater.
 Article 14 (Navigation Methods Near Wharf)
Where a ship navigates in the water zone, etc. of a trade port, keeping close to land stretching out to the seashore, any part protruding from artificial facilities such as wharfs or breakwater, or ships anchored (hereafter in this Article referred to as “wharfs, etc.”) on the right side of the ship, it shall navigate by approaching wharfs, etc.; and where a ship navigates, keeping close to wharfs, etc. on its left side, it shall navigate away therefrom.
 Article 15 (Navigation Methods of Towing Boat)
(1) Where a towing boat navigates towing any other ship in the water zone, etc. of a trade port, it shall follow the methods prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where a sail ship navigates in the water zone, etc. of a trade port, it shall shorten a sail or have a towing boat tow the sail ship.
 Article 16 (Prohibition of Obstructing Course)
(1) No priority give-way vessel shall obstruct the course of any other ship in the water zone, etc. of a trade port or near the water zone of a trade port.
(2) No ship for which permission for construction, etc. is granted pursuant to Article 41 (1) and no ship for which permission for events such as a ship regatta is granted pursuant to Article 42 (1) shall obstruct the course of other ships in the water zone, etc. of a trade port.
 Article 17 (Speed Limits)
(1) Where a ship navigates in the water zone, etc. of a trade port or near the water zone of a trade port, it shall navigate at a speed that does not pose a risk to any other ship.
(2) Where the Commissioner of the Korea Coast Guard deems that a ship navigating rapidly is likely to affect the safe operation of other ships in the water zone, etc. of a trade port, he or she may request the management authority to designate the maximum speed for navigation in the relevant water zone, etc. of a trade port. <Amended on Jul. 26, 2017; Feb. 18, 2020>
(3) Upon receipt of a request pursuant to paragraph (2), the management authority shall designate and publicly notify the maximum speed for navigation in the water zone, etc. of a trade port unless there is a compelling reason not to do so. In such cases, the ship shall navigate at a speed not exceeding the maximum navigation speed publicly notified. <Amended on Feb. 18, 2020>
 Article 18 (Distance between Navigating Ships)
Where at least two ships navigate in the water zone, etc. of a trade port, they shall maintain a safe distance between the ships to prevent them from colliding.
CHAPTER IV DELETED
 Article 19 Deleted. <Dec. 3, 2019>
 Article 20 Deleted. <Dec. 3, 2019>
 Article 21 Deleted. <Dec. 3, 2019>
 Article 22 Deleted. <Dec. 3, 2019>
CHAPTER V TUGBOATS
 Article 23 (Duty to Use Tugboats)
(1) The management authority shall have ships of a size equal to or larger than a certain size determined and publicly notified by the management authority use tugboats to protect port facilities and ensure the safety of ships. <Amended on Feb. 18, 2020>
(2) The management authority may determine and publicly notify the standards for the use of tugboats (hereinafter referred to as “standards for the use of tugboats”) to have ships which shall use tugboats under paragraph (1) use tugboats befitting their sizes. <Amended on Feb. 18, 2020>
 Article 24 (Registration of Tugboat Business)
(1) Any person who intends to engage in the business of conducting boat tugging (hereinafter referred to as “tugboat business”) in a trade port shall file for registration of such business with the management authority. The same shall also apply where he or she intends to modify the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries among the registered matters. <Amended on Feb. 18, 2020>
(2) The registration or registration of modification of tugboat business under paragraph (1) shall be made by each trade port, and the following standards shall be met: <Amended on Oct. 31, 2017; Feb. 18, 2020>
1. Tugboats shall be the self-owned tugboats (including bareboat charters of one’s own name or lease tugboats agreed to be one’s own), of which the horse power according to the criteria for the possession of tugboats by each trade port prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as “towing power”) and the number of tugboats is appropriate;
2. The type of a tugboat propeller shall be the omnidirectional propeller;
3. Tugboats shall have facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries such as fire extinguishing facilities;
4. The age of a tugboat shall complies with the requirement prescribed by Ordinance of the Ministry of Oceans and Fisheries and shall be not more than 12 years at the time of registration or registration of modification: Provided, That the same shall not apply where registration or registration of modification of a ship is made in a trade port in which business profitability is deemed low by the management authority due to a low demand for tugboats or where the Korea Marine Environment Management Corporation files for registration of modification to place ships to prepare for and respond to marine pollution pursuant to Article 67 of the Marine Environment Management Act.
(3) Notwithstanding paragraph (2), one tugboat business may be registered for at least two trade ports according to the criteria for the possession of tugboats by each trade port prescribed by Ordinance of the Ministry of Oceans and Fisheries, in any of the following cases:
1. Where only a small number of ships arrives at and departs from one trade port;
2. Where at least two trade ports are mutually adjacent.
(4) Where deemed necessary to stably perform tugboat business, the management authority may allow the use of a tugboat registered at a trade port other than the one at which tugboat business is registered. <Newly Inserted on Mar. 21, 2017; Feb. 18, 2020>
(5) Matters necessary for the criteria, procedures, etc. for using tugboats registered at another trade port under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Mar. 21, 2017>
 Article 25 (Limitation of Registration of Tugboat Business)
(1) None of the following persons shall file for registration of tugboat business: <Amended on Oct. 31, 2017>
1. Shippers of crude, raw materials for iron manufacturing, liquefied gases, or coal used for power generation;
2. Providers of scheduled overseas cargo transportation services and providers of non-scheduled overseas cargo transportation services prescribed in the Marine Transportation Act;
3. Shipbuilding business entities;
4. Corporations practically owned or controlled by persons falling under any subparagraphs 1 through 3 (hereinafter referred to as “related corporations”) and persons in a special relationship therewith (hereinafter referred to as “related persons”);
5. A person for whom two years have not passed since his or her registration was cancelled for a reason specified in subparagraph 1 or 5 of Article 26.
(2) The scope, etc. of related corporations and related persons shall be prescribed by Presidential Decree.
(3) Paragraph (1) shall apply mutatis mutandis to persons who succeed to the rights and obligations of tugboat business pursuant to Article 28.
(4) Where necessary for the prevention of safety accidents and for the efficient operation of tugboat business and where waiting places for tugboats within ports fall short of the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries, the management authority may refuse the registration of tugboat business. <Newly Inserted on Oct. 31, 2017; Feb. 18, 2020>
 Article 25-2 (Supply and Demand Control for Tugboats)
(1) If necessary to control the supply of and demand for tugboats, the Minister of Oceans and Fisheries may formulate a tugboat supply and demand plan in which the following matters are reflected. In such cases, he or she shall hear the opinions of a tugboat operation council prescribed in Article 30:
1. Economic trends and prospects for tugboat business;
2. Conditions and actual status of operation of tugboat business by port;
3. Status of supply of and demand for tugboats by port and by horse power;
4. Other matters prescribed by Presidential Decree, which are necessary for the formulation of tugboat supply and demand plans.
(2) Upon the formulation of tugboat supply and demand plans prescribed in paragraph (1), the Minister of Oceans and Fisheries shall publicly announce such plans in the Official Gazette, website, etc.
(3) The management authority may restrict the registration or registration of modification of tugboat business for a specific period or add conditions to registration or registration of modification based on tugboat supply and demand plans formulated. <Amended on Feb. 18, 2020>
(4) Other matters necessary for tugboat supply and demand plans, supply and demand control procedures, substitution of existing tugboats, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Oct. 31, 2017]
 Article 25-3 (Evaluation of Services of Tugboat Business Operators)
(1) To improve tugboat services, the Minister of Oceans and Fisheries may evaluate persons who get tugboat business registered pursuant to Article 24 (1) (hereinafter referred to as "tugboat business operator") in terms of safety in the operation of tugboats and satisfaction of users (hereinafter referred to as "evaluation of services"), as prescribed by Presidential Decree.
(2) The management authority may grant awards to tugboat business operators who obtain outstanding results in the evaluation of services and may treat them preferentially as prescribed by Presidential Decree. <Amended on Feb. 18, 2020>
(3) The management authority may treat tugboat business operators disadvantageously in the increase of number of tugboats, etc. who obtain poor results in the evaluation of services as prescribed by Presidential Decree. <Amended on Feb. 18, 2020>
(4) The Minister of Oceans and Fisheries shall hear the opinions of a tugboat operation council prescribed in Article 30 as to the methods of evaluation of services prescribed in paragraph (1), standards for tugboat business operators with outstanding results prescribed in paragraph (2), standards for tugboat business operators with poor results prescribed in paragraph (3), etc.
(5) The Minister of Oceans and Fisheries may publish the results of evaluation of services, as prescribed by Presidential Decree.
(6) The Minister of Oceans and Fisheries may establish a Tugboat Service Evaluation Committee to deliberate on matters concerning the methods of evaluation of services prescribed in paragraph (1), standards for tugboat business operators with outstanding or poor results prescribed in paragraphs (2) and (3), etc.
(7) Matters necessary for the methods and procedures of evaluation of services, organization and operation of the Tugboat Service Evaluation Committee, etc., other than those provided for in paragraphs (1) through (6), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on Oct. 31, 2017]
 Article 26 (Cancellation of Registration)
Where a tugboat business operator falls under any of the following, the management authority may cancel the registration thereof or order business suspension for a fixed period of not more than six months: Provided, That he or she shall cancel such registration in cases falling under any of subparagraphs 1 through 3: <Amended on Oct. 31, 2017; Feb. 18, 2020>
1. Where such operator has filed for registration or registration of modification by fraud or other improper means;
2. Where such operator fails to meet any of the standards prescribed in Article 24 (2);
3. Where any of the subparagraphs of Article 25 (1) is applicable;
3-2. Where such operator violates the conditions prescribed in Article 25-2 (3);
4. Where such operator refuses a request to use a tugboat without good cause in violation of Article 29 (1) or fails to undergo a towing power examination, in violation of Article 29 (2);
4-2. Where such operator allocates tugboats jointly, in violation of the proviso of Article 29-2 (1);
5. Where such operator fails to comply with an improvement order prescribed in Article 49 (2).
 Article 27 (Imposition of Penalty Surcharge)
(1) Where a tugboat business operator suspends his or her business due to the reason specified in subparagraph 4 of Article 26, the management authority may impose a penalty surcharge not exceeding 10 million won in lieu of disposition on business suspension when there is no tugboat to be used in compliance with the standards for the use of tugboats. <Amended on Feb. 18, 2020>
(2) The amount of a penalty surcharge determined according to the type and degree of a violation for which a penalty surcharge is imposed pursuant to paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree.
(3) Where a tugboat business operator fails to pay a penalty surcharge prescribed in paragraph (1), the Minister of Oceans and Fisheries may collect it in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Non-Tax Revenue.<Amended on Feb. 18, 2020; Mar. 24, 2020>
 Article 28 (Succession to Rights and Obligations)
Any of the following persons shall succeed to the rights and obligations of a tugboat business operator:
1. Where a tugboat business operator dies: His or her heir;
2. Where a tugboat business operator transfers his or her business: The transferee thereof;
3. Where a tugboat business operator, which is a corporation, merges with another corporation: The corporation which survives or results from the merger.
 Article 29 (Matters to Be Observed by Tugboat Business Operators)
(1) No tugboat business operator shall refuse any request to use a tugboat except in the following cases:
1. Where the operation of ships is restricted pursuant to other statutes or regulations;
2. Where it is extremely difficult to perform towing affairs due to a natural disaster or other irresistible causes;
3. Where there is good cause prescribed by a tugboat operation council prescribed in Article 30.
(2) A tugboat business operator shall manage each tugboat for which registration or registration of modification was made to maintain its towing power at the time of such registration or registration of modification, and shall undergo an inspection conducted by the Minister of Oceans and Fisheries to verify whether tugboats have sufficient towing power, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The Minister of Oceans and Fisheries may determine and publicly notify the methods of inspection conducted pursuant to paragraph (2).
 Article 29-2 (Methods to Allocate Tugboats)
(1) Any tugboat business operator requested to provide tugboats shall allocate the tugboats exclusively: Provided, That where it is necessary for the joint utilization of tugboats, etc., and tugboat business operators have announced the methods and details of jointly allocating tugboats to tugboat users, etc. in advance, tugboats may be allocated jointly between the tugboat business operators.
(2) Matters concerning the methods and details of joint allocation of tugboats, methods and detailed procedures of announcement of such allocation, etc. under the proviso of paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on Oct. 31, 2017]
 Article 30 (Tugboat Operation Council)
(1) The management authority may allow the establishment and operation of a tugboat operation council comprised of persons who represent tugboat business, persons who represent tugboat users, and marine and port experts, to operate tugboats efficiently. <Amended on Feb. 18, 2020>
(2) Matters necessary for the function, organization, operation, etc. of a tugboat operation council under paragraph (1) shall be prescribed by Presidential Decree.
(3) The management authority may engage in coordination or request a tugboat operation council to conduct re-consultation in any of the following cases: <Amended on Oct. 31, 2017; Feb. 18, 2020>
1. Where no consultation takes place on the operation of tugboats, etc. at the tugboat operation council;
2. Where the results of consultation of the tugboat operation council are deemed to hinder the sound development of tugboat business or infringe the rights and interests of tugboats users.
 Article 31 (Exemption from Application for Tugboat Business)
No provision of this Act relevant to tugboat business shall apply to any tugboat possessed or managed to move ships, etc. or assist their operation for the purpose of building, repairing, or conducting any sea trial of, such ships in dockyards.
CHAPTER VI MANAGEMENT OF DANGEROUS GOODS
 Article 32 (Bringing in Dangerous Goods)
(1) Any person who intends to bring any dangerous goods into the water zone, etc. of a trade port shall file a report thereon with the management authority, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020>
(2) Upon receipt of a report prescribed in paragraph (1), the management authority shall accept such report after reviewing the details thereof, if it conforms to this Act. <Newly Inserted on Jan. 15, 2019; Feb. 18, 2020>
(3) Upon receipt of a report prescribed in paragraph (1), the management authority may limit the types and amount of dangerous goods, which may be brought in, or issue an order to take measures necessary for ensuring safety, considering the safety of trade ports and the water zone, etc. of trade ports, prevention of pollution, and capacity for storage, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 15, 2019; Feb. 18, 2020>
(4) Any of the following persons shall notify dangerous goods to a person who intends to file a report pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Newly Inserted on Jan. 15, 2019>
1. Any person who gets marine cargo transportation services registered pursuant to Article 24 of the Marine Transportation Act;
2. Any person who gets international logistics brokerage business registered pursuant to Article 43 of the Framework Act on Logistics Policies;
3. Any person who gets shipping agency services registered pursuant to Article 33 of the Marine Transportation Act;
4. Any owner of goods subject to declaration on exports or imports pursuant to Article 241 (1) of the Customs Act.
 Article 33 (Anchoring of Ships Transporting Dangerous Goods)
No ship transporting dangerous goods prescribed in Article 37 (1) 1 shall anchor or stop at any place not designated by the management authority. <Amended on Feb. 18, 2020>
 Article 34 (Loading and Unloading of Dangerous Goods)
(1) Any person who intends to load or unload dangerous goods in the water zone, etc. of a trade port shall formulate a safety management plan, as prescribed by Presidential Decree, and obtain approval thereof from the management authority. The same shall also apply where he or she intends to modify the matters prescribed by Presidential Decree among the approved matters. <Amended on Feb. 18, 2020>
(2) The management authority may order the amendment of a safety management plan formulated pursuant to paragraph (1), if deemed necessary for ensuring the safety of a trade port. <Amended on Feb. 18, 2020>
(3) Where deemed inappropriate to load or unload dangerous goods in the water zone, etc. of a trade port due to any unavoidable cause such as bad weather, the management authority may prohibit or suspend the loading or unloading of such dangerous goods by the person who obtains approval under paragraph (1) or may allow him or her to load or unload the substances in a designated place other than the water zone, etc. of a trade port, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020>
(4) Any person who intends to load or unload dangerous goods in the place prescribed by Ordinance of the Ministry of Oceans and Fisheries, other than the water zone, etc. of a trade port, shall be deemed the person who is in the water zone, etc. of a trade port.
 Article 35 (Safety Measures in Handling Dangerous Goods)
(1) A person handling dangerous goods in the water zone, etc. of a trade port shall take measures necessary to ensure safety as follows:
1. Securing and placing safety managers regarding handling dangerous goods (hereinafter referred to as “dangerous goods safety manager”): Provided, That the same shall not apply where a person handling dangerous goods have a specialized safety management company retaining dangerous goods safety managers perform the duty of safety management on his or her behalf, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. On-site placement of dangerous goods safety managers in wharf docking or undocking of ships transporting dangerous goods prescribed by Ordinance of the Ministry of Oceans and Fisheries;
3. Furnishing fire extinguishing equipment suitable for the characteristics of dangerous goods;
4. Placing danger signs and establishing access control facilities;
5. Securing a means of communication between ships and land;
6. Safety education for workers and other matters necessary to ensure safety prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) A dangerous goods safety manager shall receive education related to safety management, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 31, 2017>
(3) When a person handling dangerous goods employs a dangerous goods safety manager, he or she shall require such safety manager to receive education related to safety management. In such cases, the person handling dangerous goods shall bear the expenses incurred in such education. <Newly Inserted on Oct. 31, 2017>
(4) Matters necessary for the qualifications for, standards for retaining, and implementation of education for, dangerous goods safety managers shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Oct. 31, 2017>
(5) If any person handling dangerous goods fails to take safety measures prescribed in paragraph (1), the management authority may order such person to increase facilities, the number of personnel, equipment, etc. or to improve such facilities or equipment. <Amended on Oct. 31, 2017; Feb. 18, 2020>
(6) Any person who operates mooring dolphins at which ships of not less than 50,000 tons gross tonnage transporting dangerous goods prescribed by Ordinance of the Ministry of Oceans and Fisheries dock shall be equipped with safety equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries so that the relevant ships can dock at the mooring dolphins safely for loading or unloading. <Newly Inserted on Oct. 31, 2017>
 Article 36 (Designation and Cancellation of Educational Institutions)
(1) The Minister of Oceans and Fisheries may designate and publicly notify educational institutions for education for dangerous goods safety managers. <Amended on Oct. 31, 2017>
(2) Matters necessary for the designation and operation of educational institutions prescribed in paragraph (1), such as standards for designation and educational contents of educational institutions, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The Minister of Oceans and Fisheries may check or inspect education plans, records, etc. of educational institutions and may issue a corrective order based on the results of such check or inspection where necessary.
(4) The Minister of Oceans and Fisheries may cancel the designation of an educational institution or order such institution to suspend its affairs for a specified period not to exceed six months in any of the following cases: Provided, That he or she shall cancel the designation thereof in cases falling under subparagraph 1:
1. Where such institution is designated as an educational institution by fraud or other improper means;
2. Where such institution reports false education records;
3. Where such institution fails to comply with a corrective order issued under paragraph (3);
4. Where no educational record is made for at least two years from the date such institution was designated as an educational institution;
5. Where the Minister of Oceans and Fisheries deems that it is impracticable for such institution to perform duties as an educational institution.
 Article 37 (Permission to Repair Ships)
(1) Where a captain intends to repair any of the following ships by a method such as welding, which generates flame or heat, in the water zone, etc. of a trade port, he or she shall obtain permission therefor from the management authority, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the ship prescribed in subparagraph 2 shall be subject to permission only where repair work is conducted in the engine room, fuel tank, and other danger zones in the ship prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 18, 2020>
1. A ship storing and transporting dangerous goods and a ship at risk of a fire or explosion due to inflammable or explosive gas remaining even after unloading dangerous goods (hereinafter referred to as “ship transporting dangerous goods”);
2. A ship, the gross tonnage of which is at least 20 tons (excluding a ship transporting dangerous goods).
(2) Upon receipt of an application for permission prescribed in paragraph (1), the management authority shall grant such permission except where the details of the application fall under any of the following: <Amended on Feb. 18, 2020>
1. Where the captain intends to repair the ship by any method which may lead to a fire, explosion, etc.;
2. Where the qualifications of a person who is to conduct repair work, such as a welder, are deemed insufficient;
3. Where measures necessary for preventing accidents, such as a fire or explosion, are deemed insufficient;
4. Where ship repair is deemed to be likely to undermine the safety of adjacent ships and port facilities;
5. Where the place, time, etc. of repair are deemed to be likely to affect port operation;
6. Where it cannot be proven that there is no inflammable or explosive gas in the area where repair work is to be conducted, in cases of ships transporting dangerous goods.
(3) Where a captain intends to repair ships of at least 20 tons gross tonnage, by any method such as welding, which generates flame or heat, outside the danger zone prescribed in the proviso of paragraph (1), the captain of the relevant ship shall file a report thereon with the management authority as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020>
(4) Upon receipt of a report prescribed in paragraph (3), the management authority shall accept such report after reviewing the details thereof, if it conforms to this Act. <Newly Inserted on Jan. 15, 2019; Feb. 18, 2020>
(5) A person who intends to repair a ship pursuant to paragraphs (1) through (3) shall anchor or moor the relevant ship in a place designated by the management authority. <Amended on Jan. 15, 2019; Feb. 18, 2020>
(6) Where deemed necessary for ensuring the safety of the ship under repair, the management authority may order the owner or lessee of the relevant ship to take measures necessary for ensuring the safety, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 15, 2019; Feb. 18, 2020>
CHAPTER VII CONSERVATION OF WATERWAY
 Article 38 (Prohibition of Dumping Wastes)
(1) No one shall dump any waste which is likely to endanger the safe operation of any ship, such as soil, stones, tree material, or fishing gear, on the water surface of the water zone, etc. of a trade port or within 10 kilometers outside the water zone of a trade port.
(2) A person who intends to load or unload any object which is easily scattered, such as coal, stones, and bricks, in the water zone, etc. of a trade port or near the water zone of a trade port shall take necessary measures prescribed by Presidential Decree to prevent such object from falling on the water surface.
(3) The management authority may order a person who dumps wastes in violation of paragraph (1) or who drops objects which are easily scattered onto the water surface in violation of paragraph (2) to remove the relevant wastes or objects. <Amended on Feb. 18, 2020>
 Article 39 (Measures in Case of Marine Accident)
(1) The captain of a ship in distress which is likely to affect the navigation of other ships or safety of a trade port due to disasters such as marine accidents or fires in the water zone, etc. of a trade port or in a place adjacent to the water zone of a trade port, shall immediately take necessary measures such as establishing aids to navigation prescribed in subparagraph 1 of Article 2 of the Aids to Navigation Act. <Amended on Oct. 31, 2017>
(2) Where the captain of a ship in distress prescribed in paragraph (1) is unable to take measures under that paragraph, he or she may request the Minister of Oceans and Fisheries to take necessary measures, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Where the Ministry of Oceans and Fisheries takes measures prescribed in paragraph (2), the owner or lessee of the relevant ship shall reimburse the expenses incurred in taking such measures to the Minister of Oceans and Fisheries.
(4) Where the owner or lessee of a ship fails to reimburse the expenses incurred in taking measures pursuant to paragraph (3), the Minister of Oceans and Fisheries may collect such expenses in the same manner as delinquent national taxes are collected.
(5) The methods of calculation, and procedures for reimbursement, of the expenses under paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 40 (Removal of Obstacles)
(1) Where the management authority finds an object which obstructs, or is likely to obstruct, the navigation of ships in the water zone, etc. of a trade port or in a place adjacent to the water zone of a trade port (hereinafter referred to as “obstacle”), he or she may order the owner or possessor of the obstacle to remove it. <Amended on Feb. 18, 2020>
(2) Where the owner or possessor of an obstacle fails to comply with the order prescribed in paragraph (1), the management authority may vicariously execute the order pursuant to Article 3 (1) and (2) of the Administrative Vicarious Execution Act. <Amended on Feb. 18, 2020>
(3) Where it is impracticable to achieve goals by following the procedure prescribed in paragraph (2) in any of the following cases, the management authority may take necessary measures, such as removing obstacles, without following the procedure: <Amended on Feb. 18, 2020>
1. Where it is impossible to ascertain the owner or possessor of obstacles;
2. Where the waterfront facilities prescribed in subparagraph 2 of Article 2 are illegally occupied and used repeatedly and habitually;
3. Other cases where it is necessary to remove obstacles quickly since they obstruct or are likely to obstruct the navigation of ships.
(4) The expenses incurred in removing obstacles pursuant to paragraph (3) shall be paid by the owner or possessor of the relevant objects, but where it is impossible to ascertain the owner or possessor, the expenses shall be covered by disposing of the objects as prescribed by Presidential Decree.
(5) Measures prescribed in paragraph (3) shall be taken to the minimum extent necessary to maintain the safety and order of ship traffic.
(6) The management authority shall retain and manage the obstacles removed pursuant to paragraphs (2) and (3). In such cases, where deemed improper to manage them directly since expertise is necessary or any special circumstance exists, he or she may have the Korea Asset Management Corporation established pursuant to the Act on the Establishment of Korea Asset Management Corporation manage the obstacles on his or her behalf, as prescribed by Presidential Decree. <Amended on Nov. 26, 2019; Feb. 18, 2020>
(7) Where the management authority has the Korea Asset Management Corporation manage obstacles on his or her behalf pursuant to paragraph (6), he or she may pay charges as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020>
(8) Where the Korea Asset Management Corporation manages obstacles on behalf of the Minister of Oceans and Fisheries pursuant to paragraph (6), the executive officers and employees of the Korea Asset Management Corporation shall be deemed public officials for the purpose of penalty provisions under Articles 129 through 132 of the Criminal Act.
(9) Matters necessary for retaining and managing obstacles and providing agency services for management of obstacles pursuant to paragraph (6) shall be prescribed by Presidential Decree.
 Article 41 (Permission to Engage in Construction)
(1) A person who intends to conduct construction or other works prescribed by Presidential Decree in the water zone, etc. of a trade port or in a place adjacent to the water zone of a trade port shall obtain permission therefor from the management authority, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020>
(2) Where the management authority grants permission pursuant to paragraph (1), it may order measures necessary to ensure the safety of ship traffic, preservation of freight, and safety of a trade port. <Amended on Feb. 18, 2020>
 Article 42 (Permission to Host Ship Regatta and Other Events)
(1) A person who intends to hold an event prescribed by Presidential Decree such as a ship regatta in the water zone, etc. of a trade port shall obtain permission therefor from the management authority, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 18, 2020>
(2) Upon receipt of an application for permission pursuant to paragraph (1), the management authority shall grant permission except in any of the following cases: <Amended on Feb. 18, 2020>
1. Where an event is likely to result in an accident, such as collision, stranding, or sinking of ships;
2. Where the location, time, etc. of an event is likely to affect port operation;
3. Where an event is likely to obstruct navigation, such as the arrival and departure of other ships;
4. Where an event is likely to affect loading or unloading, or keeping of freight by other ships.
(3) Where the management authority grants permission prescribed in paragraph (1), he or she shall notify the Commissioner of the Korea Coast Guard of such fact. <Amended on Jul. 26, 2017; Feb. 18, 2020>
 Article 43 (Permission for Floating Materials)
(1) A person who intends to engage in any of the following activities in relation to floating materials, such as lumber, which hinder the safety of ship traffic in the water zone, etc. of a trade port shall obtain permission therefor from the management authority as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 18, 2020>
1. A person who intends to float floating materials on the water;
2. A person who intends to tie floating materials to other facilities such as ships or to transport such materials.
(2) Where the management authority grants permission under paragraph (1), it may issue an order to take measures necessary to ensure the safety of ship traffic. <Amended on Feb. 18, 2020>
 Article 44 (Restriction of Fishing)
No one shall engage in fishing (including installation of fishing gear, etc.) in any place or sea lane that is likely to obstruct ship traffic in the water zone, etc. of a trade port.
CHAPTER VIII LIGHTING AND SIGNAL
 Article 45 (Restriction of Lighting)
(1) No one shall use any strong light likely to disrupt ship traffic in the water zone, etc. of a trade port or in any place adjacent to the water zone of a trade port.
(2) The management authority may order a person who uses a light referred to in paragraph (1) to reduce the brightness of the light emitting or to use a light cover. <Amended on Feb. 18, 2020>
[Title Amended on Jan 29, 2020]
 Article 46 (Restriction of Whistle)
(1) No ship shall blow any whistle or siren in the water zone, etc. of a trade port without any compelling reason.
(2) Where a fire occurs in a ship equipped with a whistle or siren in the water zone, etc. of a trade port, the ship shall raise a fire alarm, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, notwithstanding paragraph (1).
CHAPTER IX SUPPLEMENTARY PROVISIONS
 Article 47 (Detention)
Where a ship violates any provision of this Act or any order issued under this Act, the management authority may detain the relevant ship. <Amended on Feb. 18, 2020>
 Article 48 (Inspection and Check)
(1) The management authority may request the owner or captain of a ship or other relevant persons to make attendance, state his or her opinion, or submit or report relevant documents; or may have relevant public officials enter the ship, an office, a business place, or other necessary places and inspect or check a ledger, document, or other objects in the following cases: <Amended on Oct. 31, 2017; Dec. 3, 2019; Feb. 18, 2020>
1. Where a person is deemed to violate any of Articles 4, 5 (2) and (3), 6 (1) and (4), 7, 10 (2), 11, 20 (1), 22, 23, 32, 33, 34 (1) through (3), 35, 37, 40 (1), 41, 42 (1), 43, and 44;
2. Where it is necessary to check whether the registered matters about tugboat business prescribed in Article 24 (1) are being carried out;
3. Where it is necessary to calculate the appropriate number of tugboats and ascertain the conditions of management of the tugboat industry.
(2) The qualifications for relevant public officials prescribed in paragraph (1), the scope of their duty, and other necessary matters shall be prescribed by Presidential Decree.
(3) Public officials who enter a ship, and inspect and check relevant documents pursuant to paragraph (1) shall carry a document indicating his or her authority and show it to interested persons.
 Article 49 (Improvement Order)
(1) Where deemed necessary for the maintenance of safety and order of ships in the water zone, etc. of a trade port based on the results of the inspection or check prescribed in Article 48 (1), the management authority may issue an order for the improvement of the following matters to the owner or captain of the ships or other relevant persons: <Amended on Oct. 31, 2017; Feb. 18, 2020>
1. Reinforcement and replacement of facilities;
2. Suspension of construction or works;
3. Adding the number of personnel;
4. Removal of obstacles;
5. Movement of ships;
6. Limitation of the number of ships;
7. Other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where a tugboat business operator, etc. is deemed to have hindered the sound development of tugboat business or infringed the rights and interests of users of tugboats due to causes prescribed by Presidential Decree, such as unfairly interfering with the business of other tugboat business operators or the use of tugboats by users of other tugboats, the management authority may issue to the relevant tugboat business operator, etc. an order for the change of business contents or improvement of methods, etc. of operating tugboats. <Newly Inserted on Oct. 31, 2017; Feb. 18, 2020>
 Article 50 (Use of Port Operation Information System)
(1) The Minister of Oceans and Fisheries may establish and operate a port operation information system to manage information on the arrival and departure of ships pursuant to this Act, to handle civil petitions, and to perform other affairs.
(2) The Minister of Oceans and Fisheries may designate a network business operator who relays the port operation information system to users’ electronic documents (hereinafter referred to as “relay network business operator”) for the efficient operation of the port operation information system established pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The relay network business operator designated under paragraph (2) shall conduct the following business affairs:
1. Operating and mediating electronic document relay network facilities;
2. Linking electronic document relay network facilities with other information systems;
3. Managing information on the arrival and departure of ships and standardizing the handling civil petitions;
4. Other business affairs prescribed by Presidential Decree to manage information on the arrival and departure of ships and to handle civil petitions.
(4) Where the relay network business operator designated pursuant to paragraph (2) falls under subparagraph 1, the Minister of Oceans and Fisheries shall cancel its designation; and where such business operator falls under subparagraph 2, he or she may cancel its designation or order it to suspend the whole or part of its business for a specified period not to exceed six months:
1. Where such business operator is designated by fraud or other improper means;
2. Where such business operator fails to comply with the guidance and supervision by the Minister of Oceans and Fisheries prescribed in paragraph (5).
(5) The Minister of Oceans and Fisheries may guide or supervise a relay network business operator regarding the business affairs prescribed in paragraph (3).
 Article 51 (Fees)
Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:
1. A person who intends to file for registration of tugboat business prescribed in Article 24 (1);
2. A person who intends to be granted permission to engage in construction, etc. prescribed in Article 41 (1).
 Article 52 (Hearing)
Where the Minister of Oceans and Fisheries intends to issue any of the following dispositions, he or she shall hold a hearing: <Amended on Feb. 18, 2020>
1. Cancellation of the registration of tugboat business prescribed in Article 26;
2. Cancellation of the designation of an educational institution prescribed in Article 36 (4);
3. Cancellation of the designation of a relay network business operator prescribed in Article 50 (4).
 Article 53 (Delegation or Entrustment of Authority)
(1) The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may delegate part of his or her authority granted pursuant to this Act to the heads of institutions under his or her jurisdiction, and the Mayors/Do Governors as prescribed by Presidential Decree. <Amended on Jul. 26, 2017; Oct. 31, 2017; Feb. 18, 2020>
(2) The authority of the management authority vested under this Act may be partially delegated or entrusted to the Commissioner of the Korea Coast Guard, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017; Feb. 18, 2020>
(3) The authority of the management authority to accept reports pursuant to Article 4 (2) shall be entrusted to the relevant port authority established under the Port Authority Act, as prescribed by Presidential Decree. <Amended on Jan. 15, 2019; Feb. 18, 2020>
CHAPTER X PENALTY PROVISIONS
 Article 54 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
1. A person who is registered under Article 24 (1) by fraud or other improper means;
2. A person who engages in tugboat business without making registration pursuant to Article 24 (1).
 Article 55 (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 Oct. 31, 2017; Jan. 15, 2019>
1. A person who arrives at or departs from the water zone, etc. of a trade port without obtaining permission prescribed in Article 4 (3) or who obtains permission to arrives at or departs from a port by submitting false information on a port of call;
2. A person who fails to use a tugboat, in violation of Article 23 (1);
3. A person who uses a tugboat which fails to meet the standards for the use of tugboats prescribed in Article 23 (2);
4. A person who refuses a request to use a tugboat without any justifiable grounds, in violation of Article 29 (1);
5. A person who anchors or stops a ship transporting dangerous goods at a place other than the designated place prescribed in Article 33;
6. A person who fails to take safety measures prescribed in Article 35 (1);
7. A person who fails to comply with an order to increase facilities, number of personnel, equipment, etc. or to improve such facilities or equipment under Article 35 (5);
8. A person who repairs a ship in the water zone, etc. of a trade port without obtaining permission prescribed in Article 37 (1);
9. A person who dumps wastes, in violation of Article 38 (1);
10. A person who fails to comply with an order to remove wastes or objects, pursuant to Article 38 (3);
11. A person who the disposition of detention pursuant to Article 47;
12. A person who fails to comply with an order for improvement prescribed in Article 49 (2).
 Article 56 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Oct. 31, 2017; Jan. 15, 2019; Jan. 29, 2020>
1. A person who fails to file a report on arrival and departure prescribed in Article 4 (1) or files such report by fraud or other improper means;
2. A person who anchors a ship at any place other than anchoring zones or anchorages under the main sentence of Article 5 (2);
3. A person who anchors or stops a ship in a place prescribed in each subparagraph of Article 6 (1);
4. A person who fails to follow an order to change anchoring places or methods prescribed in Article 6 (5);
5. The owner or lessee of a ship who fails to comply with an order to embark seafarers prescribed in Article 7 (4);
6. A person who fails to comply with an order to move a ship issued pursuant to Article 8;
7. A person who fails to follow the disposition of limiting or prohibiting ship traffic in a sea lane or zone pursuant to Article 9 (1);
8. A person who fails to navigate along a sea lane designated and publicly notified, in violation of the main sentence of Article 10 (2);
9. A person who anchors or stops a ship in a sea lane or leaves a towed ship or floating materials unattended in a sea lane, in violation of Article 11 (1);
9-2. Deleted; <Dec. 3, 2019>
10. A person who fails to comply with an order to limit the types and amount of dangerous goods or an order to take measures necessary to ensure safety prescribed in Article 32 (3);
11. A person who fails to obtain approval of a safety management plan for loading or unloading dangerous goods prescribed in Article 34 (1);
12. A person who fails to comply with an order to amend a safety management plan prescribed in Article 34 (2);
13. A person who violates an order to prohibit or suspend loading or unloading or who loads or unloads in a place other than the designated place under Article 34 (3);
13-2. A person who fails to keep a fuel oil change-over procedure referred to in Article 35 (6);
14. A person who anchors or moors a ship in a place other than the designated place prescribed in Article 37 (5);
15. The owner or lessee of a ship who fails to comply with an order to take measures to ensure safety prescribed in Article 37 (6);
16. A person who fails to take measures necessary to prevent objects which can be easily scattered from falling on the water surface, in violation of Article 38 (2);
17. A person who engages in any conduct referred to in each subparagraph of Article 43 (1) without obtaining permission prescribed in the subparagraphs of that paragraph;
18. A person who fails to comply with an order to take measures necessary to ensure safety pursuant to Article 43 (2).
 Article 57 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding three million won: <Amended on Dec. 31, 2017>
1. A person who navigates, in violation of navigation methods prescribed in Article 12 (1);
2. A person who conducts construction or other works without obtaining permission prescribed in Article 41 (1);
3. A person who fails to comply with an order to take measures necessary to ensure the safety of ship traffic, preservation of freight, and safety of a trade port prescribed in Article 41 (2);
4. A person who hosts an event, such as a ship regatta, without obtaining permission prescribed in Article 42 (1);
5. A person who engages in fishing, in violation of Article 44;
6. A person who fails to reduce the brightness of the light emitting or to use a light cover, in violation of an order issued pursuant to Article 45 (2);
7. A person who fails to comply with an improvement order issued pursuant to Article 49 (1).
 Article 58 (Joint Penalty Provisions)
If the representative of a corporation or an agent or employee of, or other persons employed by, the corporation or an individual commits any offense under Articles 54 through 57 in connection with the duties of the corporation or individual, the corporation or individual shall, in addition to punishing the offenders accordingly, be subject to a fine under the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
 Article 59 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Oct. 31, 2017>
1. A person who fails to file a report or display the mark pursuant to Article 11 (2);
2. Deleted; <Dec. 3, 2019>
3. A person who files for registration of modification prescribed in Article 24 (1) by fraud or other improper means;
4. A person who engages in tugboat business without filing for registration of modification pursuant to Article 24 (1);
5. A person who fails to have dangerous goods safety managers receive education on the safety management of dangerous goods, in violation of Article 35 (3).
(2) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 16280, Jan. 15, 2019>
1. A person who anchors or stops a priority give-way vessel, in violation of Article 5 (3);
2. A person who fails to file a report under Article 5 (4);
3. A person who fails to take measures necessary for ensuring the safety of anchoring a ship prescribed in Article 6 (4);
4. A person who fails to file a report on laying up a ship prescribed in Article 7 (1);
5. A person who fails to lay up a ship at a designated place prescribed in Article 7 (3);
6. A person who navigates a ship, in violation of public notification regarding navigation methods, etc. prescribed in Article 12 (2);
7. A person who navigates a ship, in violation of navigation methods prescribed in Article 13;
8. A person who navigates a ship, in violation of navigation methods prescribed in Article 14;
9. A person who navigates a towing boat, in violation of Article 15 (1);
10. A person who navigates a sail ship, in violation of Article 15 (2);
11. A person who obstructs the course of other ships, in violation of Article 16;
12. A person who navigates a ship, in violation of speed limits prescribed in Article 17 (1) and (3);
13. A person who navigates a ship without maintaining safe distance from other ships, in violation of Article 18;
14. Deleted; <Oct. 31, 2017>
15. A person who fails to file a report on bringing dangerous goods prescribed in Article 32 (1): Provided, That the same shall not apply where he or she fails to be notified or is falsely notified of dangerous goods by any of the persons falling under each subparagraph of Article 32 (4);
15-2. A person who fails to notify or falsely notifies dangerous goods, in violation of Article 32 (4);
16. A person who fails to file a report on repair prescribed in Article 37 (3);
17. A captain who fails to take necessary measures, such as establishing aids prescribed in Article 39 (1);
18. A person who fails to comply with an order to remove obstacles prescribed in Article 40 (1);
19. A person who uses a strong light, in violation of Article 45 (1);
20. A person who blows a whistle or siren, in violation of Article 46 (1);
21. A person who fails to raise a fire alarm pursuant to Article 46 (2);
22. A person who fails to make attendance, state his or her opinion, or submit or report a document under Article 48 (1), a person who submits or reports a false document, or a person who refuses or interferes with entry by relevant public officials.
(3) Administrative fines prescribed in paragraphs (1) and (2) shall be imposed and collected by the management authorities as prescribed by Presidential Decree. <Amended on Jul. 26, 2017; Dec. 3, 2019; Feb. 18, 2020>
ADDENDA <Act No. 13186, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Abolition of Other Statutes)
The Public Order in Open Ports Act is hereby abolished.
Article 3 (Applicability to Anchoring or Stoppage of Ships)
Article 6 (2) shall begin to apply to ships anchored or stopped in a place under the subparagraphs of paragraph (1) of that Article after this Act enters into force.
Article 4 (General Transitional Measures concerning Disposition)
Any act conducted by or to an administrative agency pursuant to the previous Public Order in Open Ports Act and the previous Harbor Act as at the time this Act enters into force shall be deemed any act conducted by or to an administrative agency pursuant to this Act.
Article 5 (Transitional Measures concerning Registration of Tugboat Business)
A person who files for registration of tugboat business pursuant to Article 32 of the previous Harbor Act as at the time this Act enters into force shall be deemed a person who files for registration of tugboat business pursuant to Article 24.
Article 6 (Transitional Measures concerning Tugboat Operation Council)
The tugboat operation council established pursuant to Article 40 of the previous Harbor Act as at the time this Act enters into force shall be deemed the tugboat operation council established pursuant to Article 30.
Article 7 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous Public Order in Open Ports Act and the previous Harbor Act shall apply to penalty provisions and provisions regarding administrative fines for violations committed before this Act enters into force.
Article 8 Omitted.
Article 9 (Relationship to Other Statutes or Regulations)
Any citation of the previous Public Order in Open Ports Act, the previous Harbor Act, or any provision thereof, by any statute or regulation as at the time this Act enters into force shall be deemed a citation of this Act or the relevant provision of this Act, in lieu of the previous Public Order in Open Ports Act, the previous Harbor Act, or the relevant provision thereof, if such relevant provision exists herein.
ADDENDUM <Act No. 14732, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
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 among the Acts amended in accordance with Article 5 of the Addenda, amendments to Acts, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15003, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 24 (2) 4, Article 35 (6), and subparagraph 13-2 of Article 56 shall enter into force three years after the date of its promulgation.
Article 2 (Applicability to Registration of Tugboat Business)
(1) The amended provisions of Article 25 (1) 5 shall begin to apply where a person comes to fall under that amended provisions following cancellation of registration of tugboat business after this Act enters into force.
(2) The amended provisions of Article 25 (4) shall begin to apply to applications for registration of tugboat business or for registration of modification filed after this Act enters into force.
Article 3 (Transitional Measures concerning Supply and Demand Control for Tugboats)
The amended provisions of Article 25-2 shall not apply where an application for registration of tugboat business (including registration of modification) is filed within one year after this Act is promulgated under the circumstance that a contract for the construction, etc. of a tugboat is concluded and part of the costs incurred therein is paid before this Act is promulgated.
Article 4 (Transitional Measures concerning Methods of Allocation of Tugboats)
Notwithstanding the amended provisions of the proviso of Article 29-2 (1), tugboat business operators who allocate tugboats jointly between tugboat business operators as at the time this Act enters into force may allocate tugboats jointly: Provided, That they shall announce the methods and details of joint allocation of tugboats pursuant to the amended provisions of Article 29-2 within six months after this Act enters into force.
Article 5 (Transitional Measures concerning Administrative Fines)
The application of provisions regarding administrative fines for acts committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 15009, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 15012, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 16280, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines Related to Reports on Bringing Dangerous Goods)
The application of provisions regarding administrative fines for violations committed before this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 59 (2) 15.
ADDENDA <Act No. 16652, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16699, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 6 Omitted.
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.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 16899, Jan. 29, 2020>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Preliminary Measures to Transfer Affairs)
(1) The head of a relevant central administrative agency shall formulate necessary measures to provide required personnel and financial resources necessary for a full-scale transfer of the central administrative authority and affairs under this Act and shall report said measures to a standing committee of the National Assembly not later than three months before the date of entry into force of this Act.
(2) The Committee on Autonomous Decentralization under Article 44 of the Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems may specialize in investigating and evaluating required personnel and financial resources under paragraph (1).
Article 3 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any disposition or other acts taken or conducted by an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed a disposition or acts taken or conducted by an administrative agency under the provisions of this Act; and any application, report, or other acts filed with or conducted toward an administrative agency under the previous provisions shall be deemed an application, report, or acts filed with or conducted toward an administrative agency under the provisions of this Act.
Article 4 Omitted.