FISHING VESSELS ACT
Act No. 4559, jun. 11, 1993
Amended by Act No. 5131, Dec. 30, 1995
Act No. 5153, Dec. 30, 1995
Act No. 5453, Aug. 8, 1996
Act No. 5454, Dec. 13, 1997
Act No. 5470, Dec. 17, 1997
Act No. 5921, Feb. 8, 1999
Act No. 5971, Apr. 15, 1999
Act No. 5972, Apr. 15, 1999
Act No. 6609, Jan. 14, 2002
Act No. 8221, Jan. 3, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9007, Mar. 28, 2008
Act No. 9718, May 27, 2009
Act No. 10219, Mar. 31, 2010
Act No. 10847, Jul. 14, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11754, Apr. 5, 2013
Act No. 12482, Mar. 18, 2014
Act No. 12537, Mar. 24, 2014
Act No. 12844, Nov. 19, 2014
Act No. 14476, Dec. 27, 2016
Act No. 14510, Dec. 27, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15008, Oct. 31, 2017
Act No. 16160, Dec. 31, 2018
Act No. 16157, Dec. 31, 2018
Act No. 16568, Aug. 27, 2019
Act No. 17042, Feb. 18, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning the building, registration, equipment, surveys, trade and investigations of, and research on, fishing vessels, thereby ensuring the efficient management and safety of fishing vessels, and contributing to the advancement of fish harvesting capacity and enhancing the growth of fisheries by promoting improvement in the functions of fishing vessels. <Amended on May 27, 2009; Dec. 27, 2016>
[This Article Wholly Amended on Mar. 28, 2008]
The terms used in this Act are defined as follows: <Amended on Oct. 31, 2017; Aug. 27, 2019>
| 1. | The term "fishing vessel" means any of the following vessels: |
| (a) | A vessel engaged in fishery (including aquaculture business under the Aquaculture Industry Development Act), transporting fish caught, or processing fishery products (hereinafter referred to as "fisheries"); |
| (b) | A vessel engaged in examinations, investigations, guidance, surveillance, or lessons concerning fisheries; |
| (c) | A vessel built or being built after obtaining permission for building under Article 8 (1); |
| (d) | A vessel registered as a fishing vessel under Article 13 (1); |
| 2. | The term "conversion" means any of the following: |
| (a) | Alterations of the length, width, and depth of fishing vessels (hereinafter referred to as "principal dimensions"); |
| (b) | New installation of the propelling engine of a fishing vessel or alterations of the types or generating capacity of the propelling engine; |
| (c) | Alterations of the structure or equipment of fishing vessels for the sake of altering the purpose of use of fishing vessels or changing the types of fishery: |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 3 (Fishing Vessel Equipment) |
Fishing vessels shall be fully or partially equipped with the following equipment in accordance with the standards determined and publicly notified by the Minister of Oceans and Fisheries: <Amended on Mar. 23, 2013>
| 5. | Equipment for steering, anchoring, and raising the anchor; |
| 7. | Equipment for fishing operations, and loading and unloading facilities; |
| 8. | Emergency rescue facilities and fire-fighting equipment; |
| 9. | Quarters and hygiene equipment; |
| 10. | Facilities for freezing, refrigeration, and processing marine products; |
| 11. | Navigational facilities; |
| 12. | Other equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on May 27, 2009]
| Article 3-2 (Approval and Maintenance of Stability) |
| (1) | The owner of any of the following vessels shall obtain approval of the vessel’s stability as prescribed by Ordinance of the Ministry of Oceans and Fisheries, as to whether the fishing vessel complies with the stability standards determined and publicly notified by Ordinance of the Ministry of Oceans and Fisheries: |
| 1. | A fishing vessel with a length of at least 24 meters; |
| (2) | When the Minister of Oceans and Fisheries uses computer programs to calculate stability when granting approval prescribed in paragraph (1), he or she shall comply with the methods of calculating stability the Minister of Oceans and Fisheries determines and publicly notifies. |
| (3) | The owner of each fishing vessel approved under paragraph (1) shall maintain the vessel’s stability in compliance with the stability standards prescribed in paragraph (1). |
| (4) | The owner of each fishing vessel approved under paragraph (1) shall provide the vessel’s stability information to the captain of the fishing vessel. |
| (5) | The captain of each fishing vessel in receipt of the vessel’s stability information pursuant to paragraph (4) shall keep the relevant information in the fishing vessel. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 4 (Marking of Load Lines) |
| (1) | The owner of each fishing vessel with a length of at least 24 meters shall mark a load line on his or her vessel in accordance with the standards determined and publicly notified by the Minister of Oceans and Fisheries: Provided, That a load line need not be marked on a fishing vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as a fishing vessel navigating after undergoing a temporary navigation survey under Article 21 (1) 5. <Amended on Mar. 23, 2013; Apr. 5, 2013; Oct. 31, 2017> |
| (2) | No fishing vessel shall, when navigating, be loaded with people, fish, freight, etc. to the extent that the load line marked under paragraph (1) is submerged. <Newly Inserted on Oct. 31, 2017; Dec. 18, 2020> |
[This Article Newly Inserted on May 27, 2009]
[Title Amended on Oct. 31, 2017]
| Article 5 (Radio Installation) |
| (1) | The owner of each fishing vessel shall equip his or her fishing vessel with radio installation under the Radio Waves Act, in accordance with the standards determined and publicly notified by the Minister of Oceans and Fisheries: Provided, That fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as fishing vessels with a gross tonnage of at least 300 tons that are used for transporting fish and engaged in international voyages, shall be equipped with radio installation necessary for implementing the Global Maritime Distress and Safety System in accordance with the International Convention for the Safety of Life at Sea. In such cases, radio installation shall satisfy the performance standards and requirements specified in the Radio Waves Act. <Amended on Mar. 23, 2013; Apr. 5, 2013> |
| (2) | The owner of each fishing vessel equipped with radio installation pursuant to paragraph (1) shall operate the radio installation for its safe operation and quick response to the occurrence of marine accidents when navigating the fishing vessel or using it for fishing. <Newly Inserted on Oct. 31, 2017> |
| (3) | Notwithstanding paragraph (1), any fishing vessel to be used for any purpose of navigation prescribed by Ordinance of the Ministry of Oceans and Fisheries may navigate without radio installation. <Amended on Mar. 23, 2013; Oct. 31, 2017> |
[This Article Newly Inserted on May 27, 2009]
| Article 5-2 (Ship Location Transmitters Equipment for Fishing Vessels) |
| (1) | In order to ensure the safe operation of a fishing vessel, the owner of each fishing vessel falling under subparagraph 1 (a) or (b) of Article 2 (excluding fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as fishing vessels engaged in inland fisheries under the Inland Water Fisheries Act) shall equip his or her fishing vessel with ship location transmitters which automatically provides information about the location of the vessel (hereinafter referred to as "ship location transmitters") and operate such ship location transmitters in accordance with the standards determined by the Minister of Oceans and Fisheries: Provided, That where necessary for the rapid response to marine accidents, the automatic reporting on the arrival and departure of fishing vessels, and other matters, such standards may be otherwise prescribed by the Commissioner of the Korea Coast Guard. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 31, 2018> |
| (2) | If a fishing vessel is equipped with radio installation specified in Article 5 (1) which has the same function as that of ship location transmitters, the fishing vessel shall be deemed equipped with ship location transmitters. |
| (3) | Where ship location transmitters of a fishing vessel referred to in paragraph (1) is malfunctioning or lost, the owner or captain of the fishing vessel shall report such fact to the Commissioner of the Korea Coast Guard without delay, and then take measures for repair, re-installation, etc. for the normal functioning of ship location transmitters until the deadline prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 31, 2017; Feb. 18, 2020> |
| (4) | The State or a local government may fully or partially subsidize the owner of a fishing vessel who installs AIS equipment in his or her vessel within budgetary limits. |
| (5) | Matters necessary for methods of, procedures for, etc. reporting under paragraph (3) shall be determined by the Commissioner of the Korea Coast Guard. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Jul. 14, 2011]
| Article 6 (Application of International Conventions) |
Any fishing vessel subject to international conventions shall be preferentially governed by the relevant international conventions, where the provisions of such international conventions are in conflict with those of this Act.
[This Article Newly Inserted on May 27, 2009]
CHAPTER II BUILDING OF FISHING VESSELS
| Article 7 Deleted. <Feb. 8, 1999> |
| Article 8 (Permission for Building or Conversion) |
| (1) | Each person who intends to build or remodel a fishing vessel or to place a contract for building or conversion a fishing vessel shall obtain permission (hereinafter referred to as "permission for building or conversion") from the Minister of Oceans and Fisheries, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") as prescribed by Ordinance of the Ministry of Oceans and Fisheries (excluding cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as conversion of fishing vessels with a gross tonnage of less than two tons). The same shall also apply to any change of permitted matters. <Amended on Mar. 28, 2008; Mar. 23, 2013; Apr. 5, 2013> |
| (2) | The Minister of Oceans and Fisheries or the head of a Si/Gun/Gu shall grant permission referred to in paragraph (1), except in any of the following cases: <Newly Inserted on Apr. 5, 2013; Aug. 27, 2019> |
| 4. | Other cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, except those provided in subparagraphs 1 through 3, such as where any serious public interest issue impedes the effective management of fishing vessels. |
| (3) | The Minister of Oceans and Fisheries may prescribe a margin of error with respect to the principal dimensions, performance, gross tonnage, etc. of a fishing vessel permitted to be built or remodeled. In such cases, any fishing vessel built or remodeled within the margin of error shall be deemed permitted for change under the latter part of paragraph (1). <Amended on Mar. 28, 2008; Mar. 23, 2013> |
| (4) | Where the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu grants permission for building or conversion, he or she may attach any condition, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 28, 2008; Mar. 23, 2013> |
| (5) | Deleted. <Apr. 5, 2013> |
[Title Amended on Mar. 28, 2008]
| Article 9 Deleted. <Feb. 8, 1999> |
| Article 10 (Cancellation of Permission) |
| (1) | Where a person who has obtained permission for building or conversion or who has been awarded a contract to build or remodel a fishing vessel falls under any of the following cases, the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may cancel such permission: Provided, That in cases falling under subparagraph 1, such permission shall be cancelled: <Amended on Mar. 23, 2013; Apr. 5, 2013> |
| 1. | Where he or she has obtained permission by fraud or other improper means; |
| 2. | Where he or she has built or remodeled a fishing vessel, in violation of matters permitted. |
| (2) | Where a person who has obtained permission for building or conversion or who has been awarded a contract to build or convert a fishing vessel, falls under paragraph (1) 2, the head of a Si/Gun/Gu may order him or her to suspend the building or conversion of the fishing vessel or to remove the fishing vessel or fishing vessel equipment. <Newly Inserted on Apr. 5, 2013> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 11 Deleted. <Feb. 8, 1999> |
| Article 12 Deleted. <Feb. 8, 1999> |
CHAPTER III REGISTRATION OF FISHING VESSELS
| Article 13 (Recording and Registration of Fishing Vessels) |
| (1) | The owner of each fishing vessel or the owner of each ship prescribed by Ordinance of the Ministry of Oceans and Fisheries shall file registration of such vessel or ship in the fishing vessel register with the head of the Si/Gun/Gu having jurisdiction over the port or dock which such fishing vessel or ship mainly arrives or departs from (hereinafter referred to as "port of registry") as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, fishing vessels falling under Article 2 of the Ship Registry Act shall be registered as fishing vessels after they are registered as ships. <Amended on Mar. 23, 2013> |
| (2) | No fishing vessel shall be used as a fishing vessel without registration under paragraph (1). |
| (3) | The head of a Si/Gun/Gu shall issue a certificate, etc. to a fishing vessel registered pursuant to paragraph (1) according to the following classifications: |
| 1. | Fishing vessels with a gross tonnage of at least 20 tons: Certificates of vessel's nationality; |
| 2. | Fishing vessels with a gross tonnage of less than 20 tons (excluding non-powered fishing vessels with a gross tonnage of less than five tons): Certificates of ship registration; |
| 3. | Non-power fishing vessel with a gross tonnage of less than five tons: Certificates of completion of registration. |
| (4) | Matters necessary for the designation of and restriction on a port of registry and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 13-2 (Effect of Change of Ownership of Small-Sized Fishing Vessels) |
The acquisition and loss of the ownership of small-sized fishing vessels with a gross tonnage of less than 20 gross tons shall be effective only if registered.
[This Article Newly Inserted on Mar. 28, 2008]
| Article 13-3 (Registration of Seizure) |
Where the head of a Si/Gun/Gu receives a request for the registration of seizure from the court under the Civil Execution Act or from an administrative agency under the National Tax Collection Act or the Local Tax Collection Act, he or she shall register seizure in the original register of the relevant small-sized fishing vessel as prescribed by Presidential Decree and notify the owner of the vessel thereof. <Amended on Mar. 31, 2010; Dec. 27, 2016> [This Article Newly Inserted on Mar. 28, 2008]
| Article 14 (Measurement of Gross Tonnage of Fishing Vessels) |
| (1) | The owner of each fishing vessel who intends to file registration under Article 13 (1) shall submit an application for the measurement of the gross tonnage of the fishing vessel to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | Where the gross tonnage of a fishing vessel is changed due to repair or conversion, the owner of the fishing vessel shall submit an application for the re-measurement of the gross tonnage thereof to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (3) | The owner of each fishing vessel who intends to use a fishing vessel acquired from a foreign country for navigation or fishing in a foreign country may submit an application for the measurement or re-measurement of the gross tonnage thereof to a Korea's consul of the foreign country. <Amended on Feb. 18, 2020> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 15 (Keeping of Certificates of Vessel's Nationality) |
The owner of each fishing vessel who intends to use his or her vessel for navigation or fishing shall keep in the vessel the certificate of vessel's nationality, certificate of ship registration, or certificate of completion of registration under each subparagraph of Article 13 (3) (hereinafter referred to as "certificate of vessel's nationality, etc."): Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as fishing vessels used for licensed fishery, permitted fishery, reported fishery, or aquaculture under Article 6, 9, or 11, of the Inland Water Fisheries Act, Article 10 (1) 6 or 43 (1) 1 or 2 of the Aquaculture Industry Development Act. <Amended on May 27, 2009; Mar. 23, 2013; Aug. 27, 2019> [This Article Wholly Amended on Mar. 28, 2008]
| Article 16 (Marking of Fishing Vessel’s Name and Attachment of License Plate) |
| (1) | The owner of each fishing vessel in receipt of a certificate of vessel's nationality, etc. shall without delay mark its name, port of registry, gross tonnage, draft mark, etc. (hereinafter referred to as "name, etc.") on the vessel and attach the license plate thereto, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for the manufacturing, attachment, etc. of a fishing vessel license plate under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (3) | No owner of each fishing vessel shall use his or her fishing vessel for navigation or fishing until the name, etc. under paragraph (1) is marked on the vessel and the license plate is attached thereto. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 17 (Change of Required Matters) |
Where any registered matter under Article 13 (1) is changed, the owner of each fishing vessel shall file an application for registration of change, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Mar. 28, 2008]
| Article 18 (Re-Issuance of Certificate of Vessel's Nationality) |
Where a certificate of vessel's nationality, etc. is lost or destroyed, the owner of each fishing vessel shall file an application for re-issuance within 14 days, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 19 (De-Registration and Return of Certificate of Vessel's Nationality) |
| (1) | Where a fishing vessel registered under Article 13 (1) falls under any of the following cases, the owner of the fishing vessel shall file an application for de-registration within 30 days, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013> |
| 1. | Where a fishing vessel is used for other than its original purposes; |
| 2. | Where a fishing vessel loses the nationality of the Republic of Korea; |
| 3. | Where a fishing vessel cannot be used for its original purposes because it is lost, sunken, dismantled, worn-out, or damaged; |
| 4. | Where a fishing vessel goes missing for at least six months. |
| (2) | Where the owner of each fishing vessel falls under any of the following cases, the head of a Si/Gun/Gu shall issue a peremptory notice requiring him or her to apply for de-registration within a prescribed period not exceeding 30 days, and if the owner of the fishing vessel fails to apply for de-registration without just cause despite receiving the peremptory notice, the head of the relevant Si/Gun/Gu shall deregister such fishing vessel ex officio: <Amended on Oct. 31, 2017> |
| 1. | Where he or she has filed registration by fraud or other improper means; |
| 2. | Where he or she fails to file an application for de-registration under paragraph (1) within a prescribed period; |
| 3. | Where one year has passed since permission for, report on, or license for, fisheries conducted with the relevant fishing vessel became invalid: Provided, That the foregoing shall not apply in cases prescribed by Presidential Decree; |
| 4. | Where one year has passed without undergoing a survey of the fishing vessel prescribed in Article 21 (1) 1, 2, and 4 (limited to where the Minister of Oceans and Fisheries designates a specific matter requiring an occasional survey at the time of a special survey prescribed in subparagraph 1 of that paragraph or an intermediate survey prescribed in subparagraph 2 of that paragraph) without just cause. |
| (3) | The owner of a fishing vessel deregistered pursuant to paragraph (2) shall without delay remove the license plate attached to the fishing vessel and return the license plate and the certificate of vessel's nationality, etc. to the head of the Si/Gun/Gu having jurisdiction over its port of registry within 14 days: Provided, That where the owner of the fishing vessel cannot return the license plate and the certificate of vessel's nationality, etc. due to loss or other reasons, he or she shall report the relevant reason to the head of the Si/Gun/Gu having jurisdiction over its port of registry within 14 days. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 20 Deleted. <Feb. 8, 1999> |
CHAPTER IV SURVEY OF FISHING VESSELS
| Article 21 (Survey of Fishing Vessels) |
| (1) | The owner of each fishing vessel shall undergo a survey by the Minister of Oceans and Fisheries with regard to fishing vessel equipment prescribed in Article 3, approval and maintenance of the vessel’s stability prescribed in Article 3-2, and marking of a load line prescribed in Article 4 according to the following classifications, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as non-powered fishing vessels with a gross tonnage of less than five tons: <Amended on Mar. 23, 2013; Apr. 5, 2013; Oct. 31, 2017> |
A detailed survey to be conducted when a fishing vessel is used for the first time for navigation or when the period of validity of a fishing vessel survey certificate under Article 28 (1) expires; A simple survey to be conducted between special surveys;
A simple survey to be conducted when a fishing vessel is temporarily used for special purposes as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
A survey, other than those under subparagraphs 1 through 3, to be conducted when deemed particularly necessary by the Minister of Oceans and Fisheries;
| 5. | Temporary navigation survey: |
A survey to be conducted when a fishing vessel is intended to be temporarily used for navigation before a fishing vessel survey certificate is issued.
| (2) | Radio installation prescribed in Article 5 (1) and ship location transmitters prescribed in Article 5-2 (1) shall be surveyed as prescribed by the Radio Waves Act.<Amended on Oct. 31, 2017> |
[This Article Newly Inserted on May 27, 2009]
| Article 22 (Shipbuilding Survey) |
| (1) | Any fishing vessel builder shall undergo shipbuilding surveys by the Minister of Oceans and Fisheries with regard to equipment referred to in subparagraphs 1, 2, 3, 5, and 6 of Article 3 and a load line referred to in Article 4 from the time when he or she embarks on building the fishing vessel: Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as wooden vessels with a length of less than 24 meters. <Amended on Mar. 23, 2013; Apr. 5, 2013; Feb. 18, 2020> |
| (2) | Any part that has passed a shipbuilding survey under paragraph (1) may be exempt from an initial special survey under Article 21 (1) 1. |
| (3) | Any person who intends to manufacture, convert, repair, maintain, or import fishing vessel supplies prescribed by Ordinance of the Ministry of Oceans and Fisheries among articles for fishing vessel use required for equipment listed in the subparagraphs of Article 3 (hereinafter referred to as "fishing vessel supplies") may undergo a survey by the Minister of Oceans and Fisheries (hereinafter referred to as "preliminary survey") before the determination of a fishing vessel in which such supplies are to be installed. <Amended on Mar. 23, 2013> |
| (4) | With respect to any part of fishing vessel supplies and articles for ship use under Article 22 (3) of the Ship Safety Act that have passed preliminary surveys, such part may be exempt from a shipbuilding survey under paragraph (1) or an initial survey under the subparagraphs of Article 21 (1). |
| (5) | Matters necessary for shipbuilding surveys under paragraph (1) and preliminary surveys under paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (6) | The Minister of Oceans and Fisheries may have ships which do not undergo a shipbuilding survey under paragraph (1), such as ships imported from a foreign country, undergo a survey prescribed by Ordinance of the Ministry of Oceans and Fisheries that corresponds to a shipbuilding survey (hereinafter referred to as "special shipbuilding survey"). In such cases, paragraphs (2) through (5) shall apply mutatis mutandis to ships which have passed a special shipbuilding survey. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jul. 27, 2009]
| Article 23 (Maintenance of Conditions of Fishing Vessels after Fishing Vessel Survey) |
The owner of each fishing vessel shall neither change nor install the hull, engines, equipment, etc. of the fishing vessel without permission after undergoing a fishing vessel survey prescribed in Article 21 or a shipbuilding survey prescribed in Article 22 (1) (including special shipbuilding surveys); and shall maintain the fishing vessel’s hull, engines, equipment, etc. to ensure their normal function and operation. [This Article Newly Inserted on Oct. 31, 2017]
| Article 24 (Type Approval and Examination) |
| (1) | Any person who intends to manufacture or import fishing vessel supplies determined and publicly notified by the Minister of Oceans and Fisheries or small-sized fishing vessels may obtain type approval and examination from the Minister of Oceans and Fisheries. In such cases, any person who intends to obtain type approval shall undergo a type approval test. <Amended on Mar. 23, 2013> |
| (2) | Where a person who has obtained type approval under paragraph (1) intends to change the details thereof, he or she shall obtain approval for such change from the Minister of Oceans and Fisheries. In such cases, when he or she changes matters affecting the performance of the relevant fishing vessel or fishing vessel supplies, such matters shall be subject to a type approval test under paragraph (1). <Amended on Mar. 23, 2013> |
| (3) | Any of the following institutions shall become a testing institution to conduct type approval tests prescribed in the latter parts of paragraphs (1) and (2) (hereinafter referred to as "type-approval testing laboratory"): <Newly Inserted on Oct. 31, 2017> |
| 1. | A testing institution designated and publicly notified pursuant to Article 24-3 (1); |
| (4) | With respect to fishing vessels or fishing vessel supplies which a person who has obtained type approval under paragraph (1) has built, manufactured, or imported and to which the Minister of Oceans and Fisheries has granted examination, and articles for ship use which have been type-approved by the Minister of Oceans and Fisheries under Article 18 (1) and (2) of the Ship Safety Act and for which an examination by a designated examination institution has been passed, the part that has passed an examination may be exempted from an initial survey referred to in the subparagraphs of Article 21 (1) or a survey referred to in Article 22 (1) and (6). <Amended on Mar. 23, 2013; Oct. 31, 2017> |
| (5) | Matters necessary for type approval, examination, and approval for any change under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Oct. 31, 2017> |
[This Article Newly Inserted on May 27, 2009]
| Article 24-2 (Cancellation of Type Approval) |
| (1) | Where a person who has obtained type approval pursuant to Article 24 (1) falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the type approval or suspend the validity thereof for a prescribed period of up to six months: Provided, That in cases falling under any of subparagraphs 1 through 3, he or she shall cancel such type approval: |
| 1. | Where he or she has obtained type approval or approval for any change thereof by fraud or other improper means; |
| 2. | Where he or she has undergone an examination by fraud or other improper means; |
| 3. | Where he or she fails to manufacture or import fishing vessel supplies or small-sized fishing vessels in compliance with the standards for fishing vessel equipment prescribed in Article 3; |
| 4. | Where he or she fails to manufacture or import the relevant fishing vessel supplies or small-sized fishing vessels for at least two consecutive years without just cause; |
| (2) | Matters necessary for the procedures for cancellation, suspension of validity, etc. of type approval prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 24-3 (Designation and Cancellation of Type-Approval Testing Laboratory) |
| (1) | The Minister of Oceans and Fisheries may designate and publicly notify testing institutions meeting the designation standards prescribed by Presidential Decree as testing institutions for type approval, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Where a type-approval testing laboratory designated under paragraph (1) falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation or suspend the validity thereof for a prescribed period of up to six months: Provided, That in cases falling under any of subparagraphs 1 through 3, he or she shall cancel such designation: |
| 1. | Where it has obtained designation by fraud or other improper means; |
| 2. | Where it fails to conduct duties concerning type approval tests; |
| 3. | Where it fails to meet the standards for designating testing institutions for type approval prescribed in paragraph (1); |
| 4. | Where it is deemed to have lost public confidence due to errors, mistakes, omissions, etc. in type approval tests; |
| 5. | Where it refuses to conduct type approval tests without just cause; |
| 6. | Where it conducts misdeeds in connection with type approval tests or receives fees unfairly. |
| (3) | Matters necessary for the procedures, etc. for cancelling the designation and suspending its validity of testing institutions for type approval under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 25 (Ministry-Designated Places of Business) |
| (1) | The Minister of Oceans and Fisheries may designate places of business which build, manufacture, or maintain (including conversion or repair; hereinafter the same shall apply) fishing vessels or equipment referred to in the subparagraphs of Article 3 and satisfy the designation standards prescribed by Ordinance of the Ministry of Oceans and Fisheries, as Ministry-designated places of business of building, manufacturing, or maintaining fishing vessels, fishing vessel equipment, or fishing vessel supplies (hereinafter referred to as "Ministry-designated places of business"). <Amended on Mar. 23, 2013; Oct. 31, 2017> |
| (2) | A person who intends to be designated as a recognized manufacturing (maintenance) factory pursuant to paragraph (1) shall prepare guidelines for building, manufacturing, or maintaining fishing vessels, fishing vessel equipment, or fishing vessel supplies, and obtain approval from the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Oct. 31, 2017> |
| (3) | Where it is verified that fishing vessels, fishing vessel equipment, or fishing vessel supplies are built or manufactured at a Ministry-designated shipbuilding place of business or Ministry-designated manufacturing place of business prescribed in paragraph (1) and in compliance with the guidelines under paragraph (2) as prescribed by Ordinance of the Ministry of Oceans and Fisheries, their verified parts may be exempt from an initial survey referred to in the subparagraphs of Article 21 (1) or a survey referred to in Article 22 (1) and (6). <Amended on Mar. 23, 2013; Oct. 31, 2017> |
| (4) | Where it is verified that fishing vessels, fishing vessel equipment, or fishing vessel supplies are maintained at Ministry-designated maintenance place of business prescribed in paragraph (1) and in compliance with the guidelines under paragraph (2) as prescribed by Ordinance of the Ministry of Oceans and Fisheries, their verified parts may be exempt from a special survey, intermediate survey, or occasional survey referred to in Article 21 (1) 1, 2, or 4 to be conducted within six months from the date of maintenance. <Amended on Mar. 23, 2013; Apr. 5, 2013; Oct. 31, 2017> |
| (5) | Matters necessary for the designation of Ministry-designated places of business under paragraph (1) and approval of the guidelines for building, manufacturing, and maintenance under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Oct. 31, 2017> |
[This Article Newly Inserted on May 27, 2009]
[Title Amended on Oct. 31, 2017]
| Article 26 (Cancellation of Designation of Recognized Manufacturing (Maintenance) Factory) |
| (1) | Where a person who has obtained designation as a recognized manufacturing (maintenance) factory falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation or suspend the validity thereof for a prescribed period of up to six months: Provided, That in cases falling under subparagraph 1 or 2, he or she shall cancel such designation: <Amended on Feb. 18, 2020> |
| 1. | Where he or she has obtained designation by fraud or other improper means; |
| 2. | Where he or she fails to build, manufacture, or maintain fishing vessels, fishing vessel equipment, or fishing vessel supplies in compliance with the standards for fishing vessel equipment prescribed in Article 3; |
| 3. | Where he or she ceases to meet the designation standards under Article 25 (1); |
| 4. | Where he or she sells fishing vessel equipment or fishing vessel supplies after their term of validity determined and publicly notified by the Minister of Oceans and Fisheries expires; |
| 5. | Where he or she fails to build, manufacture, or maintain the relevant fishing vessel, fishing vessel equipment, or fishing vessel supplies for at least one consecutive year without just cause; |
| 6. | Where he or she has obtained verification prescribed in Article 25 (3) or (4) by fraud or other improper means; |
| (2) | Where designation as a recognized manufacturing (maintenance) factory is cancelled pursuant to paragraph (1), the relevant person shall not be re-designated as a recognized manufacturing (maintenance) factory for one year from the date such designation is cancelled. |
| (3) | Matters necessary for the procedures, etc. for cancelling designation as a recognized manufacturing (maintenance) factory or suspending the validity of designation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 26-2 (Confirmation of Loading and Unloading Facilities) |
| (1) | The owner of a fishing vessel with a gross tonnage of at least 300 tons equipped with facilities for loading and unloading fish, freight, etc. of at least one ton shall obtain confirmation from the Minister of Oceans and Fisheries regarding the limit load, limit angle, and limit radius (hereinafter referred to as "limit load, etc.") of such facilities. <Amended on Feb. 18, 2020> |
| (2) | Where the Minister of Oceans and Fisheries conducts a special survey prescribed in Article 21 (1) 1 or an intermediate survey prescribed in subparagraph 2 of that paragraph for a loading and unloading facility prescribed in paragraph (1), he or she shall prepare a loading and unloading facility survey register, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | The owner of a fishing vessel who has obtained confirmation pursuant to paragraph (1) shall not use the loading and unloading facilities in excess of the limit load, etc. confirmed. |
| (4) | Matters concerning standards and procedures for confirming the limit load, etc. of loading and unloading facilities prescribed in paragraph (1), indication of matters confirmed, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 27 (Issuance of Survey Certificates) |
| (1) | The Minister of Oceans and Fisheries shall issue a survey certificate according to the following classifications: <Amended on Mar. 23, 2013; Oct. 31, 2017> |
| 1. | Where a fishing vessel passes a special survey under Article 21 (1) 1, a fishing vessel survey certificate (the type, name, maximum number of allowable persons on board, position of load lines of such fishing vessel shall be stated); |
| 1-2. | Where a fishing vessel passes an intermediate survey prescribed in Article 21 (1) 2 or an occasional survey prescribed in subparagraph 4 of that paragraph, and matters stated in the fishing vessel survey certificate are changed, a fishing vessel survey certificate in which the matters changed are stated; |
| 2. | Where a fishing vessel passes an additional survey under Article 21 (1) 3, an additional fishing vessel survey certificate; |
| 3. | Where a fishing vessel passes a temporary navigation survey under Article 21 (1) 5, a temporary navigation survey certificate; |
| 4. | Where a fishing vessel passes a shipbuilding survey under Article 22 (1), a shipbuilding survey certificate; |
| 5. | Where a fishing vessel passes a preliminary survey under Article 22 (3), a preliminary survey certificate; |
| 5-2. | Where a fishing vessel passes a special shipbuilding survey prescribed in Article 22 (6), a special shipbuilding survey certificate; |
| 6. | Where a fishing vessel passes an examination under Article 24 (1), an examination certificate; |
| 7. | Where verified under Article 25 (3) and (4), a certificate of verification on building, manufacturing, or maintenance; |
| 8. | Where the loading and unloading facilities of a fishing vessel are confirmed pursuant to Article 26-2 (1), a certificate of limit load, etc. |
| (2) | When the Minister of Oceans and Fisheries issues a survey certificate, examination certificate, certificate of building, manufacturing, and maintenance, and certificate of limit load, etc. under paragraph (1) 4, 5, 5-2, or 6 through 8, he or she shall attach a pass mark or pass certificate to the relevant fishing vessel or fishing vessel supplies. <Amended on Mar. 23, 2013; Oct. 31, 2017> |
[This Article Newly Inserted on May 27, 2009]
| Article 28 (Period of Validity of Survey Certificate) |
| (1) | A fishing vessel survey certificate shall be valid for five years. |
| (2) | The method of counting a period of validity under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (3) | The period of validity of a fishing vessel survey certificate under paragraph (1) may be extended by up to five months as prescribed by Ordinance of the Ministry of Oceans and Fisheries in any of the following cases: <Amended on Mar. 23, 2013> |
| 1. | Where the relevant fishing vessel is not present at a survey site when the period of validity of a fishing vessel survey certificate expires; |
| 2. | Where a new fishing vessel survey certificate is neither immediately issued nor kept in the fishing vessel because such fishing vessel has undergone a special survey in a foreign country or due to any other unavoidable reason; |
| 3. | Other cases prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | Where a fishing vessel subject to an intermediate or occasional survey fails to pass such survey, a fishing vessel survey certificate shall become invalid until the vessel passes the relevant survey. |
[This Article Newly Inserted on May 27, 2009]
| Article 29 (Keeping of Inspection Certificate) |
The owner of each fishing vessel who uses his or her vessel for navigation or fishing shall keep the fishing vessel survey certificate, additional fishing vessel survey certificate, or temporary navigation survey certificate in the fishing vessel: Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as fishing vessels used for licensed fishery, permitted fishery, reported fishery, or aquaculture under Article 6, 9, or 11 of the Inland Water Fisheries Act, Article 10 (1) 6 or 43 (1) 1 or 2 of the Aquaculture Industry Development Act. <Amended on Mar. 23, 2013; Apr. 5, 2013; Aug. 27, 2019> [This Article Newly Inserted on May 27, 2009]
| Article 30 (Application for Re-Survey) |
| (1) | Where any person who has undergone measurement or re-measurement of the gross tonnage, surveys, examination, and verification under Articles 14, 21, 22, 24, and 25 (hereafter in this Article referred to as "surveys, etc.") is dissatisfied with the results of surveys, etc., he or she may file an application for re-surveys, etc. with the Minister of Oceans and Fisheries stating the grounds for such dissatisfaction, within 60 days from the date such results have been notified, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
| (2) | Where any person who intends to undergo a re-survey, etc. under paragraph (1) changes the relevant fishing vessel equipment, he or she shall obtain approval from the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on May 27, 2009]
CHAPTER V TRADE OF FISHING VESSELS
| Article 31 (Establishment and Operation of Fishing Vessel Trade System) |
| (1) | With respect to fishing vessels and the trade of fishing vessel equipment prescribed in Article 3 (including radio installation prescribed in Article 5; hereinafter referred to as "fishing vessel equipment, etc."), the Minister of Oceans and Fisheries may establish and operate a fishing vessel trade system to enhance the convenience of fishers and transparency and efficiency in such trade . |
| (2) | The Minister of Oceans and Fisheries may provide information on the sale and purchase or lease of fishing vessels and fishing vessel equipment, etc. to persons requesting such information through the fishing vessel trade system prescribed in paragraph (1) (hereinafter referred to as "fishing vessel trade system"). In such cases, the Minister of Oceans and Fisheries shall not provide information which may infringe the privacy and freedom of owners of fishing vessels, etc., and where the information provided includes personal information prescribed in subparagraph 1 of Article 2 of the Personal Information Protection Act, he or she shall obtain the consent of the data subject prescribed in subparagraph 3 of that Article. |
| (3) | In order to efficiently operate the fishing vessel trade system, the Minister of Oceans and Fisheries may create and manage databases on the following information: |
| 1. | Information on the registration of fishing vessels prescribed in Article 13 (1), registration of change of fishing vessels prescribed in Article 17, and de-registration prescribed in Article 19; |
| 2. | Information on surveys of fishing vessels prescribed in Article 21; |
| 4. | Other information prescribed by Ordinance of the Ministry of Oceans and Fisheries for the efficient operation of the fishing vessel trade system. |
| (4) | Where necessary to operate the fishing vessel trade system, the Minister of Oceans and Fisheries may manage and operate the fishing vessel trade system and manage databases prescribed in paragraph (3) through electronic data processing systems, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (5) | Where necessary to ensure transparency in the trade of fishing vessels and fishing vessel equipment, etc. and to formulate policies for fishing vessels, the Minister of Oceans and Fisheries may request a person who has registered his or her fishing vessel brokerage business pursuant to Article 31-2 to provide information on the trade of fishing vessels and fishing vessel equipment, etc. In such cases, the person in receipt of a request to provide information shall comply with such request unless there is a compelling reason not to do so. |
| (6) | Where necessary to create and manage databases prescribed in paragraph (3), the Minister of Oceans and Fisheries may request the head of a Si/Gun/Gu to provide materials. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 31-2 (Registration of Fishing Vessel Brokerage Business) |
Any person who intends to provide brokerage services for the sale and purchase or lease of fishing vessels and fishing vessel equipment, etc. (hereinafter referred to as "fishing vessel brokerage business") shall satisfy all of the following requirements and file registration with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall apply to any revision to the matters registered:
| 1. | Purchasing a surety insurance policy prescribed in Article 31-9 (1); |
| 2. | Completing education on the brokerage of fishing vessels and fishing vessel equipment, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, where a person who intends to file registration of fishing vessel brokerage business is a corporation, both its representative and persons who intend to engage in fishing vessel brokerage business in such corporation shall complete the education; |
| 3. | Other matters prescribed by Presidential Decree as necessary to conduct fishing vessel brokerage business. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 31-3 (Grounds for Disqualification) |
None of the following persons shall file registration prescribed in Article 31-2: <Amended on Dec. 31, 2018> | 2. | A person who is under adult guardianship or limited guardianship; |
| 3. | A person declared bankrupt and not yet reinstated; |
| 4. | A person for whom two years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including where the punishment is deemed completely executed) or exempted; |
| 5. | A person who is under the suspension of execution of the imprisonment without labor or a heavier punishment as declared by a court; |
| 6. | A person for whom one year has not passed since his or her fishing vessel brokerage business is deregistered (excluding where such business is deregistered as the person falls under any of subparagraphs 1 through 3 of this Article); |
| 7. | A corporation, the representative of which falls under any of subparagraphs 1 through 5. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 31-4 (De-Registration of Fishing Vessel Brokerage Business) |
| (1) | Where a person who has registered his or her fishing vessel brokerage business (hereinafter referred to as "fishing vessel broker") falls under any of the following cases, the Minister of Oceans and Fisheries may deregister fishing vessel brokerage business or issue an order to fully or partially suspend fishing vessel brokerage business for a prescribed period of up to six months: Provided, That in cases falling under subparagraph 1, 3, or 7, he or she shall deregister fishing vessel brokerage business: |
| 1. | Where he or she has filed registration of, or registration of change of, fishing vessel brokerage business prescribed in Article 31-2 by fraud or other improper means; |
| 2. | Where he or she fails to meet the requirements for registering fishing vessel brokerage business prescribed in Article 31-2; |
| 3. | Where he or she falls under any of subparagraphs 1 through 5, or 7 of Article 31-3: Provided, That the foregoing shall not apply where the representative of a corporation who falls under any of subparagraphs 1 through 5 of Article 31-3 is replaced by another person within one month from the date the cause thereof occurs; |
| 4. | Where he or she fails to prepare or issue trade contracts in violation of Article 31-8 (1), or retains copies of trade contracts for less than three years or fails to retain such copies in violation of paragraph (2) of that Article; |
| 5. | Where he or she falsely states the amount of trade and other trade details in trade contracts prescribed in Article 31-8 (1), or prepares two or more different trade contracts; |
| 6. | Where he or she evades or interferes with guidance or supervision prescribed in Article 37-2 (2); |
| 7. | Where he or she conducts business during the period of business suspension, in violation of an order to suspend such business. |
| (2) | Detailed standards for administrative dispositions issued under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of the types, degrees, etc. of offenses. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 31-5 (Reports on Temporary or Permanent Closure of Business) |
Where a fishing vessel broker falls under any of the following cases, he or she shall report such fact to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:
| 1. | Where he or she intends to permanently close fishing vessel brokerage business; |
| 2. | Where he or she intends to temporarily close business for a period exceeding three months; |
| 3. | Where he or she intends to resume business after temporary closure of business; |
| 4. | Where he or she intends to extend the period for temporary closure of business. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 31-6 (Imposition of Penalty Surcharge) |
| (1) | Where a fishing vessel broker is subject to an order to suspend his or her business pursuant to Article 31-4 (1) 2 and 4 through 6 and the suspension of business of the fishing vessel broker is likely to cause substantial inconvenience to fishers, etc., the Minister of Oceans and Fisheries may impose a penalty surcharge not exceeding 10 million won in lieu of business suspension order, as prescribed by Presidential Decree. |
| (2) | Where a person subject to a penalty surcharge pursuant to paragraph (1) fails to pay the penalty surcharge by the deadline, such penalty surcharge shall be collected in the same manner as delinquent national taxes are collected. |
| (3) | The amounts of penalty surcharges depending upon the types, degree, etc. of violations for which penalty surcharges shall be imposed pursuant to paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 31-7 (Education for Fishing Vessel Brokers) |
Each fishing vessel broker (in cases of a corporation, referring to the its representative and persons engaging in fishing vessel brokerage business in such corporation) shall receive continuing education provided by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted on Dec. 27, 2016]
| Article 31-8 (Preparation of Trade Contracts) |
| (1) | Where a fishing vessel broker brokers the sale and purchase or lease of a fishing vessel and fishing vessel equipment, etc., he or she shall prepare and issue a trade contract to the parties to the trade, as prescribed by Presidential Decree. |
| (2) | Each fishing vessel broker shall retain copies of trade contracts prescribed in paragraph (1) for three years. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 31-9 (Purchase of Surety Insurance Policy) |
| (1) | Each fishing vessel broker shall purchase a surety insurance policy to guarantee the liability for loss to the property of the parties to trades which he or she causes by intention or negligence when brokering the sale and purchase or lease of fishing vessels and fishing vessel equipment, etc. |
| (2) | Where a fishing vessel broker brokers the sale and purchase or lease of a fishing vessel and fishing vessel equipment, etc., he or she shall explain the following matters concerning the guarantee of liability for loss prescribed in paragraph (1) to the parties to trades, and issue a copy of the relevant policy or provide an electronic document for the relevant policy: |
| 3. | Name and location of the surety insurance company. |
| (3) | The coverage of a surety insurance policy prescribed in paragraph (1), timing for purchasing such policy, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 27, 2016]
CHAPTER VI RESEARCH AND DEVELOPMENT OF FISHING VESSELS
| Article 32 (Surveys and Research of Fishing Vessels) |
The Minister of Oceans and Fisheries may conduct surveys and research necessary for facilitating safe operations of fishing vessels and improving the performance thereof. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 33 (Development of Standard Fishing Vessels) |
The Minister of Oceans and Fisheries may develop standard fishing vessels by type of fishery and publicly notify them to facilitate the improvement of fishing vessels and enhance the rationalization of fishery management. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 34 Deleted. <Feb. 8, 1999> |
| Article 35 Deleted. <Feb. 8, 1999> |
| Article 36 Deleted. <Feb. 8, 1999> |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 37 (Application Mutatis Mutandis of Other Statutes or Regulations) |
| (1) | Articles 2, 5, 9 (2) and (3) (limited to where an application for issuing a provisional certificate of vessel's nationality is filed with a consul of the Republic of Korea), 10 (limited to where the national flag of the Republic of Korea is not allowed to be hoisted without keeping a certificate of vessel's nationality or provisional certificate of vessel's nationality in the relevant ship), 11 (limited to where the national flag is hoisted), 13, 26 (limited to the exemption from the obligation to hoist the national flag and indicate a ship's name, etc.), 28, and 29 of the Ship Act shall apply mutatis mutandis to the navigation and registration of fishing vessels. In such cases, "ship of the Republic of Korea" shall be construed as "fishing vessel of the Republic of Korea", "Korean ship" as "Korean fishing vessel", "ship" as "fishing vessel," "place of ship acquisition" as "place of fishing vessel acquisition", "ship manager" as "fishing vessel manager", and "ship owner" as "fishing vessel owner". <Amended on Mar. 28, 2008; Mar. 24, 2014> |
| (2) | Except as provided in this Act, Articles 6, 12 through 14, 17, 41, 44, 66, 69, and 73 through 75 of the Ship Safety Act shall apply mutatis mutandis to fishing vessel surveys and other matters relevant thereto. In such cases, "ship" shall be construed as "fishing vessel". <Newly Inserted on May 27, 2009; Mar. 23, 2013; Oct. 31, 2017> |
[Title Amended on Mar. 28, 2008]
| Article 37-2 (Guidance and Supervision on Offenses) |
| (1) | The Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may provide necessary guidance and supervision with regard to the building, conversion, registration, equipment, survey, etc. of fishing vessels in accordance with this Act. In such cases, the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may entrust guidance and supervision to fishery supervising public officials prescribed in Article 72 of the Fisheries Act. |
| (2) | The Minister of Oceans and Fisheries may provide necessary guidance and supervision with regard to fishing vessel brokers, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 27, 2016]
Where the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu intends to take any of the following measures, he or she shall hold a hearing: <Amended on Mar. 23, 2013; Apr. 5, 2013; Dec. 27, 2016; Oct. 31, 2017>
| 1. | Cancellation of permission for building or conversion, or issuance of an order to suspend the building or conversion of fishing vessels and an order to remove fishing vessels or fishing vessel equipment under Article 10; |
| 2. | De-registration of fishing vessels under Article 19 (2); |
| 2-2. | Cancellation or suspension of validity of type approval prescribed in Article 24-2 (1); |
| 2-3. | Cancellation of designation or suspension of validity of designation of testing institutions for type approval prescribed in Article 24-3 (2); |
| 2-4. | Cancellation of designation or suspension of validity of designation of Ministry-designated places of business prescribed in Article 26 (1); |
| 3. | De-registration of fishing vessel brokerage business prescribed in Article 31-4; |
| 4. | Cancellation or suspension of the performance of agency services prescribed in Article 41 (8). |
[This Article Wholly Amended on Mar. 28, 2008]
| (1) | Any of the following persons shall pay fees as prescribed by Ordinance of the Ministry of Oceans and Fisheries or ordinance of a Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu: Provided, That where an institution entrusted with the duties of the Minister of Oceans and Fisheries pursuant to Article 40 (2) (hereafter in this Article referred to as "entrusted institution") performs the entrusted duties, or an institution conducting the duties of the Minister of Oceans and Fisheries as an agency under Article 41 (1) (hereafter in this Article referred to as "agency") conducts measurement, re-measurement, and surveys on behalf of the Minister, he or she shall pay fees determined by the entrusted institution or agency to the entrusted institution or agency: <Amended on Apr. 5, 2013; Dec. 27, 2016; Oct. 31, 2017; Feb. 18, 2020> |
| 1. | A person applying for approval of the vessel’s stability prescribed in Article 3-2 (1); |
| 1-2. | A person applying for permission for building or conversion of a fishing vessel under Article 8 (1) or permission for the change thereof; |
| 2. | A person applying for registration of a fishing vessel under Article 13 (1); |
| 3. | A person applying for measurement or re-measurement of the gross tonnage of a fishing vessel under Article 14; |
| 4. | A person applying for registration of change under Article 17; |
| 5. | A person applying for re-issuance of a certificate of vessel's nationality under Article 18; |
| 6. | A person applying for surveys of a fishing vessel under Article 21; |
| 7. | A person applying for shipbuilding surveys under Article 22 (1); |
| 8. | A person applying for preliminary surveys under Article 22 (3); |
| 9. | A person applying for special shipbuilding surveys under Article 22 (6); |
| 10. | A person applying for type approval or approval for the change thereof, or examination under Article 24 (1) and (2); |
| 11. | A person applying for designation of a recognized manufacturing (maintenance) factory pursuant to Article 25 (1); |
| 11-2. | A person applying for the verification of fishing vessels, fishing vessel equipment, or fishing vessel supplies pursuant to Article 25 (3) or (4); |
| 11-3. | A person applying for the confirmation of limit load, etc. of loading and unloading facilities prescribed in Article 26-2 (1); |
| 12. | A person applying for an extension of the period of validity of a fishing vessel survey certificate under Article 28 (3); |
| 13. | A person applying for re-surveys, etc. under Article 30 (1); |
| 13-2. | A person intending to use information provided under Article 31 (2); |
| 13-3. | A person intending to file registration of or registration of change of fishing vessel brokerage business pursuant to Article 31-2; |
| 15. | A person applying for the issuance of a survey certificate, examination certificate, certificate of verification, certificate of measurement of the gross tonnage of a fishing vessel, etc. under Article 41 (3). |
| (2) | Where an entrusted institution or agency determines a fee under the proviso of paragraph (1), it shall establish the standards therefor and obtain approval from the Minister of Oceans and Fisheries. The same shall also apply to the change of approved matters. <Amended on Mar. 23, 2013; Dec. 27, 2016> |
| (3) | Where an entrusted institution or agency has determined a fee under paragraph (2), it shall post the details of such determination and calculation on its website. <Newly Inserted on Apr. 5, 2013; Dec. 27, 2016> |
| (4) | Where an entrusted institution or agency has collected a fee under the proviso of paragraph (1), the revenue therefrom shall be treated as the revenue of the relevant institution or agency. <Amended on Apr. 5, 2013; Dec. 27, 2016> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 40 (Delegation of Authority) |
| (1) | Part of the authority of the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard prescribed by this Act may be delegated to the head of a Si/Gun/Gu or to the heads of the affiliated institutions, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
| (2) | Part of the duties of the Minister of Oceans and Fisheries prescribed by this Act may be entrusted to the Korea Maritime Transportation Safety Authority established pursuant to the Korea Maritime Transportation Safety Authority Act (hereinafter referred to as the "Authority"), as prescribed by Presidential Decree. <Amended on Dec. 31, 2018> |
[This Article Wholly Amended on Dec. 27, 2016]
| Article 41 (Agency Service for Surveys) |
| (1) | The Minister of Oceans and Fisheries may have the Authority or a classification society under Article 60 (2) of the Ship Safety Act (hereinafter referred to as "classification society") perform the following duties on his or her behalf: Provided, That the duties referred to in subparagraphs 5 and 5-2 shall not be performed by a classification society: <Amended on May 27, 2009; Mar. 23, 2013; Apr. 5, 2013; Dec. 27, 2016; Oct. 31, 2017; Feb. 18, 2020> |
| 1. | Approval for stability of fishing vessels prescribed in Article 3-2 (1); |
| 1-2. | Measurement and re-measurement of the gross tonnage of fishing vessels under Article 14; |
| 3. | Shipbuilding surveys of fishing vessels, preliminary surveys of fishing vessel supplies, and special shipbuilding surveys under Article 22; |
| 4. | Examination of fishing vessels or fishing vessel supplies under Article 24 (1); |
| 5. | Surveys for the designation of a recognized manufacturing (maintenance) factory prescribed in Article 25 (1); |
| 5-2. | Verification of fishing vessels, fishing vessel equipment, or fishing vessel supplies prescribed in Article 25 (3) or (4); |
| 5-3. | Confirmation of limit load, etc. and preparation of loading and unloading facility survey registers prescribed in Article 26-2; |
| 6. | Approval to extend the period of validity of a fishing vessel survey certificate under Article 28 (3); |
| 7. | The following duties which apply mutatis mutandis under Article 37 (2): |
| (2) | Deleted. <Feb. 8, 1999> |
| (3) | The Authority or a classification society may issue a survey certificate, examination certificate, certificate of verification, or certificate of measurement of the gross tonnage of a fishing vessel (including an international tonnage certificate, international tonnage verification, and deadweight tonnage certificate) under the subparagraphs of Article 27 (1) within the scope of the duties performed under paragraph (1) upon approval of the Minister of Oceans and Fisheries. <Amended on Mar. 28, 2008; May 27, 2009; Mar. 23, 2013> |
| (4) | The Authority or a classification society shall submit a report on the duties performed under paragraph (1) to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 28, 2008; Mar. 23, 2013> |
| (5) | Where the Authority or a classification society submits a report on the duties performed pursuant to paragraph (4), the Minister of Oceans and Fisheries shall verify such report and take necessary measures if he or she finds that the Authority or the classification society violates this Act or any order issued under this Act. <Amended on Mar. 28, 2008; Mar. 23, 2013> |
| (6) | When deemed necessary to provide guidance or supervision regarding the duties performed by the Authority or a classification society under this Act, the Minister of Oceans and Fisheries may issue an instruction or order to the Authority or classification society with respect to its business. <Newly Inserted on May 27, 2009; Mar. 23, 2013> |
| (7) | When deemed necessary, the Minister of Oceans and Fisheries may audit the accounting records or property of the Authority or a classification society. <Newly Inserted on May 27, 2009; Mar. 23, 2013> |
| (8) | Where the Authority or a classification society performs agency services under paragraph (1) by fraud or other improper means, the Minister of Oceans and Fisheries may cancel or suspend the performance of the relevant services, as prescribed by Presidential Decree. <Newly Inserted on Oct. 31, 2017> |
[Title Amended on Mar. 28, 2008; May 27, 2009]
| Article 41-2 (Subsidization for the Authority) |
The Minister of Oceans and Fisheries may provide subsidies to help the Authority to cover the expenses incurred in developing and disseminating technologies concerning fishing vessels or fishing vessel equipment or in performing agency services and entrusted duties, etc., within budgetary limits. <Amended on Mar. 23, 2013; Dec. 27, 2016>
[This Article Newly Inserted on May 27, 2009]
| Article 42 (Duties of Legal Representative) |
Where the owner of a fishing vessel falling under Articles 14, 16 (1), and 17 through 19 is a minor or a person under adult guardianship, his or her legal representative shall conduct the following matters: Provided, That where a minor has the same capabilities as an adult in terms of business, the foregoing shall not apply: <Amended on Mar. 18, 2014; Feb. 18, 2020> | 1. | Applying for measuring or re-measuring the gross tonnage of any fishing vessel; |
| 2. | Marking a fishing vessel's name, etc. and attaching a fishing vessel license plate; |
| 3. | Applying for changing registered matters; |
| 4. | Applying for re-issuing a certificate of vessel's nationality, etc.; |
| 5. | Fulfilling the owner's follow-up obligations for the application for de-registration. |
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER IX PENALTY PROVISIONS
| Article 43 (Penalty Provisions) |
Each of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:
| 1. | A person who builds or converts a fishing vessel, or places a contract for building or conversion of a fishing vessel without obtaining permission for building or conversion, in violation of Article 8 (1); |
| 2. | A person who uses a fishing vessel without registration prescribed in Article 13 (1), in violation of paragraph (2) of that Article; |
| 3. | A person who performs agency services or issuance prescribed in Article 41 (1) or (3) by fraud or other improper means. |
[This Article Wholly Amended on Dec. 31, 2017]
| Article 44 (Penalty Provisions) |
| (1) | 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 May 27, 2009;, Dec. 27, 2016; Oct. 31, 2017> |
| 1. | A person who uses his or her fishing vessel for navigation without obtaining approval of the vessel’s stability or without maintaining the vessel’s stability, in violation of Article 3-2 (1) or (3); |
| 1-2. | A person who fails to mark a load line under Article 4; |
| 2. | A person who uses his or her fishing vessel for navigation or fishing without radio installation under Article 5 (1); |
| 3. | A person who uses his or her fishing vessel for navigation or fishing after hiding, changing, or removing marking of a fishing vessel's name, etc. or a fishing vessel license plate under Article 16; |
| 4. | A person who uses his or her fishing vessel for navigation or fishing without undergoing a fishing vessel survey under Article 21; |
| 4-2. | A person who replaces or installs the hull, engines, equipment, etc. in the relevant fishing vessel after completing a fishing vessel survey prescribed in Article 21 or a shipbuilding survey prescribed in Article 22 (1) (including special shipbuilding surveys), in violation of Article 23; |
| 5. | A person who obtains type approval, approval for the change thereof, or examination under Article 24 (1) or (2) by fraud or other improper means; |
| 6. | A person who obtains designation as a recognized manufacturing (maintenance) factory under Article 25 (1) by fraud or other improper means; |
| 7. | A person who uses a fishing vessel for navigation or fishing in excess of the maximum number of allowable persons on board stated in the fishing vessel survey certificate prescribed in Article 27 (1) 1; |
| 7-2. | A person who uses a fishing vessel for navigation or fishing which did not mark the vessel’s load lines in the position or violated others stated in the fishing vessel survey certificate prescribed in Article 27 (1) 1; |
| 8. | A person who receives a fishing vessel survey certificate, additional fishing vessel survey certificate, temporary navigation surveys certificate, shipbuilding survey certificate, preliminary survey certificate, special shipbuilding survey certificate, certificate of building, certificate of manufacturing, certificate of maintenance, or certificate of limit load, etc. under Article 27 (1) by fraud or other improper means; |
| 9. | A person who provides brokerage services for fishing vessels without filing registration or registration of change prescribed in Article 31-2; |
| 10. | A person who files registration of or registration of change to fishing vessel brokerage business prescribed in Article 31-2 by fraud or other improper means. |
| (2) | If a fishing vessel crew member commits an offense referred to in paragraph (1), not only shall such offender be punished accordingly, but the captain also shall be punished by the fine prescribed in the relevant paragraph. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 45 Deleted. <Dec. 17, 1997> |
| Article 46 (Penalty Provisions) |
The following persons shall be subject to a fine not exceeding five million won:
| 1. | A person who fails to comply with any disposition imposed, or order issued, under Article 10; |
| 2. | A person who builds a fishing vessel without undergoing a shipbuilding survey, in violation of Article 22 (1). |
[This Article Wholly Amended on May 27, 2009]
| Article 47 (Penalty Provisions) |
A person who fails to implement the duties of a legal representative in violation of Article 42 shall be punished by a fine not exceeding one million won. [This Article Wholly Amended on Mar. 28, 2008]
| Article 48 (Joint Penalty Provisions) |
| (1) | If the representative, an agent, an employee of, or any other person employed by a corporation commits an offense under Articles 43, 44, 46, and 47 in conducting the business affairs of the corporation, not only shall such offender be punished but the corporation shall be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where such corporation has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense. |
| (2) | If an agent, employee of, or any other person employed by an individual commits an offense under Articles 43, 44, 46, and 47 in conducting the business affairs of the individual, not only shall such offender be punished but the individual shall be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where such individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 49 (Application Mutatis Mutandis of Penalty Provisions) |
Articles 32, 33 (1) (limited to where the national flag of the Republic of Korea is not allowed to be hoisted without keeping a certificate of vessel's nationality or a provisional certificate of vessel's nationality in the relevant ship, in violation of Article 10 of the Ship Act), 34, 35 (1), and 35 (2) 3 and 4 of the Ship Act, and subparagraph 2 (limited to parts concerning surveys under international conventions) and subparagraph 14 of Article 83, Article 84 (1) 5, 6, and 11, subparagraphs 1, 2, and 5 through 8 of Article 85, and subparagraph 3 of Article 86 of the Ship Safety Act shall apply mutatis mutandis to fishing vessels. In such cases, "Korean ship" shall be construed as "Korean fishing vessel", "ship" as "fishing vessel", "ship register" as "fishing vessel register", "ship owner" as "fishing vessel owner", and "ship manager" as "fishing vessel manager". <Amended on May 27, 2009; Oct. 31, 2017> [This Article Wholly Amended on Mar. 28, 2008]
| Article 50 (Application of Penalty Provisions) |
The penalty provisions (including the penalty provisions of the Ship Act and the Ship Safety Act which apply mutatis mutandis in Article 49; hereafter in this Article and Article 51, the same shall apply) to be applied to a ship owner who violates this Act (including the Ship Act and the Ship Safety Act which apply mutatis mutandis in Article 37; hereafter in this Article and Article 51, the same shall apply) and any order issued under this Act shall apply to the following persons: <Amended on May 27, 2009> | 1. | Where a fishing vessel is shared and its manager is hired, the fishing vessel manager; |
| 2. | Where a fishing vessel is chartered, the charterer of the fishing vessel; |
| 3. | The penalty provisions to be applied to the captain shall apply to any person who performs the captain's duties on his or her behalf. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 51 (Exception to Application of Penalty Provisions) |
Where the owner of a fishing vessel is the State, a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, or Si/Gun/autonomous Gu, the penalty provisions to be applied to fishing vessels owners who violate this Act and any order issued under this Act shall not apply. <Amended on Apr. 5, 2013>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 52 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
Any executive officer or employee of the Authority or a classification society who performs the duties of the Minister of Oceans and Fisheries on his or her behalf under Article 41 (1) and (3) or issues a certificate of measurement of the gross tonnage of any fishing vessel shall be deemed a public official in applying the penalty provisions under Articles 129 through 132 of the Criminal Act. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Mar. 28, 2008]
| Article 53 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Newly Inserted on Oct. 31, 2017; Feb. 18, 2020> |
| 1. | A person who navigates a fishing vessel loaded with people, fish, freight, etc. to the extent that the load line is submerged, in violation of Article 4 (2); |
| 2. | A person who fails to operate radio installation without just cause, in violation of Article 5 (2); |
| 3. | A person who fails to operate ship location transmitters without just cause, in violation of the main clause of Article 5-2 (1); |
| 4. | A person who fails to report the malfunctioning or loss of ship location transmitters or fails to take measures such as repair or re-installation of ship location transmitters after reporting such malfunctioning or loss without just cause, in violation of Article 5-2 (3). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on May 27, 2009; Jul. 14, 2011; Dec. 27, 2016; Oct. 31, 2017> |
| 1. | A person who fails to provide stability information to the captain or fails to keep such information in the fishing vessel, in violation of Article 3-2 (4) or (5); |
| 2. | A person who uses his or her fishing vessel for navigation or fishing without keeping a certificate of vessel's nationality, etc. in the vessel, in violation of the main clause of Article 15; |
| 3. | A person who fails to mark the fishing vessel's name, etc. or attach the fishing vessel license plate to the fishing vessel, in violation of Article 16 (1); |
| 4. | A person who fails to file an application for registration of change under Article 17; |
| 5. | A person who fails to file an application for de-registration under Article 19 (1); |
| 6. | A person who fails to return the fishing vessel license plate and the certificate of vessel's nationality, etc. under Article 19 (3) without just cause or fails to report the reasons therefor, such as loss; |
| 7. | A person who fails to undergo a fishing vessel survey prescribed in Article 21 (1) without just cause; |
| 7-2. | A person who fails to obtain confirmation of the limit load, etc. of loading and unloading facilities, in violation of Article 26-2 (1); |
| 7-3. | A person who uses loading and unloading facilities in excess of the limit load, etc., in violation of Article 26-2 (3); |
| 8. | A person who uses his or her fishing vessel for navigation or fishing without keeping the fishing vessel survey certificate, additional fishing vessel survey certificate, or temporary navigation survey certificate in the fishing vessel, in violation of Article 29; |
| 9. | A person who fails to report temporary or permanent closure, resumption, or an extension of the period for temporary closure of fishing vessel brokerage business prescribed in Article 31-5; |
| 10. | A person who fails to undergo continuing education prescribed in Article 31-7 without just cause; |
| 11. | A person who fails to explain matters concerning the guarantee of liability for loss or issue or provide a copy of the relevant policy or electronic documents concerning the relevant policy, in violation of Article 31-9 (2). |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the following persons, as prescribed by Presidential Decree: <Amended on Jul. 14, 2011; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017; Oct. 31, 2017> |
| 1. | In cases falling under paragraphs (1) 1 and 2 and (2): The head of a Si/Gun/Gu; |
| 2. | In cases falling under paragraph (1) 3 and 4: The Commissioner of the Korea Coast Guard. |
| (4) | Deleted. <May 27, 2009> |
| (5) | Deleted. <May 27, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
ADDENDA <Act No. 4559, Jun. 11, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Fishing Vessel Equipment)
"Rules on Fishing Vessel Equipment (Amended on July 4, 1985 by Ordinance of the Ministry of Agriculture, Forestry and Fisheries No. 939)" as at the time this Act enters into force shall be effective until the day before the date the public notice is issued by the Administrator of the Fisheries Agency under Articles 3, 4, and 5. Article 3 (Transitional Measures concerning Registration of Fishing Vessels)
| (1) | Where any vessel newly falls under a fishing vessel under Article 2 (1) as at the time this Act enters into force (limited to vessels engaged in permitted, reported, and licensed fishery under the Fisheries Act) and the owner of the relevant vessel files a report to a Mayor/Do Governor within one year from the date this Act enters into force, it shall be deemed registered under Article 13 (1). |
| (2) | A Mayor/Do Governor shall issue a certificate of completion of registration within one month after registration to any vessel deemed registered under paragraph (1). |
Article 4 (Transitional Measures concerning De-Registration)
With regard to any fishing vessel whose permission, reporting, license, etc. for fisheries become invalid as at the time this Act enters into force, the registration of the relevant fishing vessel shall be deemed valid until the lapse of one year from the date this Act enters into force.
Article 5 (Transitional Measures concerning Fishing Vessel Being Built or Remodeled)
With regard to any vessel that is being built or remodeled to engage in fisheries as at the time this Act enters into force, where the owner of the relevant vessel or any person who builds or remodels the relevant vessel files a report to a Mayor/Do Governor within one month on or after the date this Act enters into force, the amended provisions of Article 9 (2) and subparagraph 2 of Article 43 shall not apply. Article 6 (Special Cases concerning Measurement of Gross Tonnage of Fishing Vessel)
The owner of each fishing vessel which has been built or for which remodeling has been commenced on or before December 31, 1982 may file an application for re-measurement of the gross tonnage notwithstanding Article 3 (1) of the Addenda of the Ship Act (Act No. 3641) which applies mutatis mutandis in Article 37. Article 7 Omitted.
ADDENDA <Act No. 5131, Jul. 30, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force, on the date the Presidential Decree enters into force, relating to the organization of the Ministry of Maritime Affairs and Fisheries, and the National Maritime Police Agency under the amended provisions of Article 41, within 30 days after the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDA <Act No. 5453, Jun. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Jun. 13, 1997>
This Act shall enter into force on 1/1/1998. (Proviso Omitted.)
ADDENDA <Act No. 5470, Jun. 17, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 (Transitional Measures concerning Fishing Vessel Inspection)
| (1) | Any fishing vessel inspection, manufacturing inspection, preliminary inspection, type approval, test approval, designation of an exemplary place of building, manufacturing, or maintenance business, or verification of ships and articles for ship use (hereafter in this Article referred to as “fishing vessel inspection, etc.”) conducted or granted under Articles 21 (1), 22, 24, and 25 of the Fishing Vessels Act as at the time this Act enters into force shall be deemed conducted or granted under this Act. |
Article 7 (Transitional Measures concerning Standards for Fishing Vessel Equipment)
Standards for fishing vessel equipment, marking of load lines, and radio equipment under Articles 3 through 5 of the Fishing Vessels Act as at the time this Act enters into force shall be effective until the enforcement of the public notice issued by the Minister of Oceans and Fisheries regarding ships’ facilities, etc. under this Act Article 8 Omitted.
Article 9 (Transitional Measures concerning the Korea Fishing Vessel Association)
| (1) | The Korea Fishing Vessel Association established under Article 31 of the Fishing Vessels Act (hereinafter referred to as the “Fishing Vessel Association”) as at the time this Act enters into force shall be deemed dissolved when the Institute is established under this Act, and all of the property, rights, and obligations of the Fishing Vessel Association shall be succeeded to by the Institute under this Act. |
| (2) | The title of the Fishing Vessel Association stated in a register or other public records regarding all the property and articles succeeded to by the Institute under this Act in accordance with paragraph (1) shall be deemed the title of the Institute when the Institute is established under this Act. |
| (3) | In cases of paragraph (1), the value of property that is deemed owned by the Institute under this Act shall be the book value on the day before the date of registration of its establishment under Article 8 (3) of these Addenda. |
| (4) | In cases of paragraph (1), any act conducted by the Fishing Vessel Association before this Act enters into force shall be deemed an act conducted by the Institute under this Act, and any act conducted toward the Fishing Vessel Association shall be deemed an act conducted toward the Institute under this Act |
| (5) | In cases of paragraph (1), the executive officers and employees of the Fishing Vessel Association as at the time this Act enters into force shall be deemed the executive officers and employees of the Institute appointed or elected under this Act. In such cases, the term of the executive officers shall be counted from the date they are appointed executive officers. |
Articles 10 through 12 Omitted.
ADDENDA <Act No. 5921, Feb. 8, 1999>
| (1) | (Enforcement Date)This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) |
| (2) | (Transitional Measures concerning Neglected Fishing Vessel) With regard to necessary measures taken to manage or remove neglected fishing vessels owned by any person who fails to comply with an order issued under the previous Article 35 (2) as at the time this Act enters into force, notwithstanding the amended provisions of Article 35 (3), the previous provisions shall apply. |
| (3) | (Transitional Measures on Penalty Provisions) The application of penalty provisions to acts taken before this Act enters into force shall be pursuant to the previous provisions. |
ADDENDA <Act No. 5971, Apr. 15, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. <Proviso Omitted.>
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5972, Apr. 15, 1999>
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 1-2 (limited to where an application for the registration of a new vessel subject to registration is filed and the certificate of vessel's nationality is issued accordingly pursuant to the amended provisions of that Article), subparagraph 3 of Article 2, the amended provisions of Article 26-2 (limited to where an application for the issuance of a certificate of ship registration of any vessel subject to the issuance of a certificate of ship registration is filed and a certificate of ship registration is issued accordingly pursuant to the amended provisions of that Article), and the amended provisions of Article 4 of these Addenda shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDA <Act No. 6609, Jan. 14, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Permission to Build or Remodel Fishing Vessels)
Permission to build or convert a fishing vessel and cancellation of such permission granted by a Mayor/Do Governor under the previous Articles 8 and 10 as at the time this Act enters into force shall be deemed granted by the head of a Si/Gun/Gu under the amended provisions of Articles 8 and 10. Article 3 (Transitional Measures concerning Registration of Fishing Vessel)
| (1) | The registration of any fishing vessel filed with a Mayor/Do Governor under the previous Article 13 as at the time this Act enters into force shall be deemed filed with the head of a Si/Gun/Gu under the amended provisions of Article 13. |
| (2) | A peremptory notice issued by a Mayor/Do Governor concerning an application for de-registration under the previous Article 19 (2) as at the time this Act enters into force shall be deemed issued by the head of a Si/Gun/Gu under the amended provisions of Article 19 (2). |
Article 4 (Transitional Measures concerning Return of Fishing Vessel License Plate)
A person who fails to or cannot return a fishing vessel license plate and a certificate of vessel's nationality, etc. to a Mayor/Do Governor from among the owners of fishing vessels deregistered under the previous Article 19 (3) as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 8221, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force ten months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· amendments to Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, among the Acts amended under Article 6 of these Addenda, shall enter into force on the enforcement dates of the respective Acts. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9007, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 13-2 and 13-3 shall enter into force on July 1, 2008. Article 2 Omitted.
ADDENDA <Act No. 9718, Jun. 27, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 15 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Type Approval and Test Approval of Fishing Vessel Supplies)
The verification of fishing vessel supplies manufactured and maintained by any person who has obtained designation as an exemplary place of manufacturing or maintenance business under Article 20 of the Ship Safety Act as at the time this Act enters into force shall be governed by the previous provisions. Article 3 (Transitional Measures concerning Fishing Vessel Inspection)
| (1) | Shipbuilding inspections, ship inspections, preliminary inspections, type approval, test approval, designation of an exemplary place of building, manufacturing, and maintenance business, and verification of ships or articles for ship use, which are conducted for fishing vessels under Articles 7 (1), 8 (1), 9 (1), 10 (1), 11 (1), 12 (1), 18 (1), and 20 (1) of the Ship Safety Act as at the time this Act enters into force shall be deemed conducted under this Act. |
| (2) | Inspections of any fishing vessel whose certificate of vessel's nationality is issued as at the time this Act enters into force shall be governed by the previous provisions, until the period of validity of the certificate expires. |
| (3) | Vessel inspections, etc. of fishing vessels, for which an application is filed as at the time this Act enters into force, shall be governed by the previous provisions. |
Article 4 (Transitional Measures concerning Standards for Fishing Vessel Equipment)
The standards for ships’ facilities, the marking of a load line, and radio equipment for fishing vessels under Articles 26, 27, and 29 of the Ship Safety Act as at the time this Act enters into force shall be effective until the public notice issued by the Minister of Food, Agriculture, Forestry and Fisheries concerning the standards for fishing vessel equipment, etc. under this Act is implemented. Article 5 (Transitional Measures concerning Classification Society)
Article 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
An act committed before this Act enters into force shall be governed by a former provision in applying penalty provisions and imposing administrative fines.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on 1/1/2011.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 10847, Jul. 14, 2011>
This Act shall enter into one year after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11754, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Exemption from Provisional Inspection)
The exemption from provisional inspections for parts verified under the amended provisions of Article 25 (4) shall begin to apply to provisional inspections conducted on or after the date this Act enters into force.
ADDENDA <Act No. 12482, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation.
Article 2 (Transitional Measures concerning Incompetent, etc.)
The scope of persons under adult guardianship under the amended provisions of Article 42 shall be deemed to include persons for whom the sentence of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 12537, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDUM <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· amendments to Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, among the Acts amended under Article 6 of these Addenda, shall enter into force on the enforcement dates of the respective Acts. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14476, Jun. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months from the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14510, Jun. 27, 2016>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Fishing Vessel Brokerage Business)
Notwithstanding the amended provisions of Article 31-2, any person who engages in fishing vessel brokerage business as at the time this Act enters into force may engages in such business without filing registration prescribed in that amended provisions for three months on or after the date this Act enters into force. Article 3 (Transitional Measures concerning Incompetent, etc.)
The scope of persons under adult guardianship or under limited guardianship prescribed in the amended provisions of subparagraph 2 of Article 31-3 shall be deemed to include persons for whom the sentence of incompetency or quasi-incompetency remains effective pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation: Provided, That the amended provisions of any Act, which is amended pursuant to Article 5 of the Addenda and promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act. Articles 2 through 6 Omitted.
ADDENDA <Act No. 15008, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Keeping Stability Information)
The amended provisions of Article 3-2 (4) and (5) shall begin to apply to fishing vessels departing from ports on or after the date this Act enters into force. Article 3 (Applicability to De-Registration of Fishing Vessels)
The one-year period prescribed in the amended provisions of Article 19 (2) 4 for the owners of fishing vessels as at the time this Act enters into force shall be counted from the date this Act enters into force. Article 4 (Applicability to Cancellation of Type Approval)
The amended provisions of Article 24-2 (1) 4 and 5 shall begin to apply where a person who has obtained type approval pursuant to Article 24 (1) falls under the amended provisions of Article 24-2 (1) 4 or 5 on or after the date this Act enters into force. In such cases, a period of at least two years prescribed in the amended provisions of Article 24-2 (1) 4 shall be counted from the date fishing vessel supplies or small-sized fishing vessels are neither manufactured nor imported on or after the date this Act enters into force. Article 5 (Applicability to Cancellation of Designation of Ministry-Designated Places of Business)
The amended provisions of Article 26 (1) 4 through 7 shall begin to apply where a person who has obtained designation as a Ministry-designated place of business pursuant to the amended provisions of Article 25 (1) falls under any of the amended provisions of Article 26 (1) 4 through 7 on or after the date this Act enters into force. In such cases, a period of at least one year prescribed in the amended provisions of Article 26 (1) 5 shall be counted from the date fishing vessels, fishing vessel equipment, or fishing vessel supplies are neither built, manufactured nor maintained on or after the date this Act enters into force. Article 6 (Transitional Measures concerning Exemplary Places of Shipbuilding Business)
Exemplary places of shipbuilding business, exemplary places of manufacturing business, or exemplary places of maintenance business designated pursuant to the previous provisions of Article 25 (1) as at the time this Act enters into force shall be deemed a Ministry-designated place of building business, Ministry-designated place of manufacturing business, or Ministry-designated place of maintenance business pursuant to the amended provisions of Article 25 (1), respectively. Article 7 (Transitional Measures concerning Penalty Provisions)
With respect to the application of penalty provisions to any act committed before this Act enters into force, the previous provisions shall prevail.
Article 8 Omitted.
ADDENDA <Act No. 16157, Jun. 31, 2018>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16160, Jun. 31, 2018>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDUM <Act No. 17042, Feb. 18, 2020>
This Act shall enter into force on the date of its promulgation.