MARITIME SAFETY ACT
Wholly Amended by Act No. 10801, jun. 15, 2011
Amended by Act No. 11197, Jan. 17, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11862, jun. 4, 2013
Act No. 12221, Jan. 7, 2014
Act No. 12489, Mar. 18, 2014
Act No. 12538, Mar. 24, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13002, Jan. 6, 2015
Act No. 13186, Feb. 3, 2015
Act No. 13386, jun. 22, 2015
Act No. 14839, Jul. 26, 2017
Act No. 15009, Oct. 31, 2017
Act No. 15606, Apr. 17, 2018
Act No. 16162, Dec. 31, 2018
Act No. 16568, Aug. 27, 2019
Act No. 16700, Dec. 3, 2019
Act No. 17056, Feb. 18, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote maritime safety and smooth traffic of vessels by establishing a safety management system for safe navigation of vessels and by removing all hazards and obstructions to the navigation of vessels.
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; May 14, 2014; Apr. 17, 2018>
| 1. | The term "maritime safety control" means all activities conducted to protect the safety of people’s lives, bodies and property from accidents likely to arise in the course of all activities related to the operation of vessels by comprehensively and systematically managing human elements, such as seafarers and ship owners, physical elements, such as vessels and cargoes, and environmental elements, such as navigational aids and safety management systems; |
| 2. | The term "vessel" means any kind of a ship used or usable as a means of navigation on the water (including a seaplane or wing-in-ground (WIG) craft capable of moving on the water); |
| 3. | The term "seaplane" means an aircraft capable of moving on the water; |
| 4. | The term "WIG craft" means a craft which flies in close proximity to the surface by utilizing surface-effect action; |
| 6. | The term "hazardous cargo carrier" means a vessel carrying hazardous cargoes specified by Ordinance of the Ministry of Oceans and Fisheries and loaded into the cargo hold, which is a part of the hull of the vessel, or into a tank, etc. fixed to the hull of the vessel; |
| 7. | The term "large vessel" means a vessel of at least 200 meters in length; |
| 8. | The term "high-speed passenger vessel" means a passenger vessel sailing at a speed of at least 15 knots per hour; |
| 9. | The term "power-driven vessel" means a vessel propelled by an engine: Provided, That a vessel equipped with a sail shall be deemed a power-driven vessel, if she is mainly propelled by an engine; |
| 10. | The term "sailing vessel" means a vessel driven by sails: Provided, That a vessel equipped with an engine shall be deemed a sailing vessel, if she is mainly driven by sails; |
| 11. | The term "fishing vessel" means a vessel engaged in fishing with nets, fishing lines, trawlnets, or any other fishing gear that restricts maneuverability; |
| 12. | The term "vessel not under command" means a vessel that becomes unmaneuverable by a failure or any other cause that restricts the maneuverability of the vessel and incapable of keeping away from the course of another vessel; |
| 13. | The term "vessel restricted in her ability to maneuver" means a vessel incapable of keeping away from the course of another vessel because the vessel is engaged in any of the following works or any other operation that restricts the maneuverability of the vessel: |
| (a) | Laying, repairing, or lifting an aid to navigation, submarine cable, or submarine pipeline; |
| (b) | Dredging, surveying, or an underwater operation; |
| (c) | Furnishing supplies or transferring people or cargoes underway; |
| (d) | Taking off or landing of aircraft; |
| (e) | Mine clearance operations; |
| (f) | A towing operation that greatly restricts the capability of deviating from the course; |
| 14. | The term "vessel constrained by her draught" means a power-driven vessel with the significantly restricted capability of deviating from her course in light of the relation between the depth and breadth of the navigable waters and the draught of the vessel; |
| 15. | The term "marine facility" means a bridge, tunnel, cable, artificial island, or facility fixed to the ocean floor or a structure floating on the water for the purpose of exploration and development of resources, scientific marine surveys, mooring and repair of vessels, loading to and unloading from vessels, floating housing, tourism, leisure, etc., which is not a vessel; |
| 16. | The term "marine traffic safety examination" means expert investigation, monitoring, and assessment of risks to the safety of navigation, which are likely to be caused by any of the following projects that might affect the safety of marine traffic (hereinafter referred to as "projects subject to safety examination"): |
| (a) | Designation, public notification, or alteration of fairways or anchorages; |
| (b) | Designation or alteration of waters in which navigation of vessels is prohibited or restricted; |
| (c) | Construction, laying, or repair of facilities, such as bridges, tunnels, and cables, in waters; |
| (d) | Development and re-development of a port, harbor, or wharf; |
| (e) | Other projects specified by Presidential Decree as those that affect the safety of marine traffic; |
| 17. | The term "obstruction to navigation" means a thing specified by Ordinance of the Ministry of Oceans and Fisheries as an obstruction to the navigation of vessels, such as a thing dropped down from a vessel and a vessel sunken or stranded, or a thing swept away from such vessel; |
| 18. | The term "traffic lane" means waters defined with specified bounds through which vessels are permitted to pass only in one direction in order to secure the safety in navigation of vessels; |
| 19. | The term "restricted visibility" means a situation in which visibility is restricted by fog, smoke, snow, rain, sandstorm, or any other similar event; |
| 20. | The term "fairway designation scheme" means a scheme under which the route and speed of a vessel and other matters relating to the operation of vessels are designated; |
| 21. | Deleted; <Dec. 3, 2019> |
| 22. | The term "underway" means a state of a vessel not specified in any of the following: |
| (a) | The state of being anchored; |
| (b) | The state of being moored to a mooring facility, such as a dock in a port or harbor (including a vessel moored to a mooring buoy or an anchored vessel); |
| (c) | The state of being aground; |
| 23. | The term "length" means the maximum horizontal distance from the end of the stem to the end of the stern, including protrusions fixed to the hull; |
| 24. | The term "breadth" means the maximum horizontal distance from an external side of the outer hull panel, transverse to the length of a vessel, to the other external side of the outer hull panel; |
| 25. | The term "traffic separation scheme" means a scheme under which fairways are separated by designating traffic lanes or by other appropriate means so as to permit vessels to navigate only in one direction in order to prevent vessels from being collided; |
| 26. | The term "separation line" or "separation zone" means a line or waters of a specified breadth, which separates traffic lanes in one direction from those in the other direction; |
| 27. | The term "inshore traffic zone" means waters between the boundary line on the shore side of a traffic separation zone and the seashore; |
| 28. | The term "tow" mans the entire group of vessels towing and towed or pushing and pushed; |
| 29. | The term "speed through the water" means the speed of a vessel through the water, which is generated by the operation of the propulsion system of the vessel or another vessel or by the inertia of the vessel from the operation of such system. |
| Article 3 (Scope of Application) |
| (1) | This Act shall apply to a vessel or marine facility defined in any of the following subparagraphs: |
| 1. | A vessel or marine facility situated within the territorial sea or inland waters of the Republic of Korea (excluding rivers, lakes, swamps, etc. in which a seagoing vessel cannot continue navigation; hereinafter the same shall apply): Provided, That this Act shall partially apply to any of the following vessels, among vessels other than Koran vessels (hereinafter referred to as "non-Korean vessels"), as prescribed by Presidential Decree, when any provision of Articles 46 through 50 applies to such non-Korean vessel: |
| (a) | A vessel navigating between ports of the Republic of Korea; |
| (b) | A vessel chartered as bareboat on condition that she shall obtain Korean nationality; |
| 2. | A Korean vessel situated in any sea area other than the territorial sea or inland waters of the Republic of Korea; |
| 3. | A vessel that has created an obstruction to navigation in the exclusive economic zone of the Republic of Korea; |
| 4. | A marine facility situated in the exclusive economic zone or continental shelf of the Republic of Korea. |
| (2) | The provisions regarding shipowners in this Act and in an order issued under this Act shall apply to a ship manager, if a ship manager has been appointed where the ship involved is co-owned, or to the lessee of a ship, if the ship involved is leased, while the provisions regarding shipmasters shall also apply to a person who acts on behalf of a shipmaster. |
| (3) | The provisions regarding the owners of a marine facility in this Act or in an order issued under this Act shall apply to a lessee of such marine facility, where the facility is leased. |
| Article 4 (Responsibilities of the State) |
| (1) | The State and local governments shall take matters regarding maritime safety into consideration in formulating a policy for the use or conservation of oceans. |
| (2) | In order to promote citizens' safety in the utilization of oceans, the State shall endeavor to provide citizens with knowledge and information about maritime safety and educational programs for maritime safety and to promote the culture of maritime safety. |
| (3) | The State shall endeavor to efficiently promote international cooperation with foreign countries, international organizations, etc. with regard to maritime safety, including technical cooperation, exchange of information, and joint investigations and research, and shall assist the industries related to maritime safety as necessary for the promotion and internationalization of such industries. |
| Article 5 (Responsibilities of Owners of Vessels and Marine Facilities) |
The owner of a vessel or marine facility shall conduct educational and training programs for his or her employees in cooperation with the State in implementing policies on maritime safety and shall comply with regulations on safety so as to prevent marine accidents that are likely to be caused by the vessel or marine facility owned and managed, or operated by the owner.
CHAPTER II MARITIME SAFETY CONTROL PLANS
| Article 6 (National Master Plans for Maritime Safety) |
| (1) | The Minister of Oceans and Fisheries shall formulate a national master plan for the promotion of maritime safety every five years (hereinafter referred to as "master plan"): Provided, That a plan for the improvement of the environment for navigation in the master plan may be formulated every 10 years. <Amended on Mar. 23, 2013> |
| (2) | When the Minister of Oceans and Fisheries formulates a master plan pursuant to paragraph (1), he or she shall consult thereon with the heads of related administrative agencies. <Amended on Mar. 23, 2013> |
| (3) | If deemed necessary to formulate or amend a master plan, the Minister of Oceans and Fisheries may request the head of a related central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), the head of a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "head of a public institution"), or an institution, organization, or individual related to maritime safety to submit related data, present an opinion, or provide other necessary cooperation. In such cases, a person in receipt of such request shall comply therewith unless there is any compelling reason not to do so. <Newly Inserted on Dec. 31, 2018> |
| (4) | Matters necessary for formulating and implementing a master plan under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 31, 2018> |
| Article 7 (Implementation Plans for Maritime Safety) |
| (1) | In order to implement a master plan, the Minister of Oceans and Fisheries shall formulate and execute an implementation plan for maritime safety each year (hereinafter referred to as "implementation plan") and shall endeavor to secure financial resources necessary therefor. <Amended on Mar. 23, 2013; Dec. 31, 2018> |
| (2) | If deemed necessary to formulate an implementation plan, the Minister of Oceans and Fisheries may request the head of a related central administrative agency, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a public institution, or an institution, organization, or individual related to maritime safety to submit related data, present an opinion, or provide other necessary cooperation. In such cases, a person in receipt of such request shall comply therewith unless there is any compelling reason not to do so. <Amended on Mar. 23, 2013; Dec. 31, 2018> |
| (3) | The details that shall be contained in an implementation plan under paragraph (1) and matters necessary for the procedure, method, etc. for formulating an implementation plan shall be prescribed by Presidential Decree. |
| Article 7-2 (Submission of Master Plans and Implementation Plans to the National Assembly) |
| (1) | When the Minister of Oceans and Fisheries formulates or amends a master plan and an implementation plan, he or she shall notify such plans formulated or amended to the head of a related central administrative agency and a Mayor/Do Governor and shall submit them to the competent standing committee of the National Assembly without delay. |
| (2) | When the Minister of Oceans and Fisheries formulates or amends a master plan and an implementation plan, he or she shall publish such plans, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 31, 2018]
[Previous Article 7-2 moved to Article 7-3 <Dec. 31, 2018>]
| Article 7-3 (Plans to Respond to Member State Audit by International Maritime Organization) |
| (1) | The Minister of Oceans and Fisheries shall formulate a plan to respond to Member State Audit by International Maritime Organization (hereinafter referred to as "response plan") every seven years. |
| (2) | The Minister of Oceans and Fisheries shall formulate an annual inspection plan (hereinafter referred to as "inspection plan") to implement a response plan. |
| (3) | If deemed necessary to formulate or amend a response plan and an inspection plan, the Minister of Oceans and Fisheries may request the head of a related central administrative agency, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a public institution, or other relevant persons to submit related data, present an opinion, or provide other necessary cooperation. In such cases, a person in receipt of such request shall comply therewith unless there is any compelling reason not to do so. <Amended on Dec. 31, 2018> |
| (4) | Matters necessary for the details of a response plan and an inspection plan, and the procedures, method, etc. for formulating such plans shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 17, 2018]
[This Article moved from Article 7-2 <Dec. 31, 2018>]
CHAPTER III MARINE TRAFFIC CONTROL
SECTION 1 Designation and Management of Sheltered Waters for Marine Facilities
| Article 8 (Designation of Sheltered Waters and Permission for Entry to Such Waters) |
| (1) | The Minister of Oceans and Fisheries may designate waters for the safe navigation of vessels and the protection of a marine facility (hereinafter referred to as "sheltered waters") in the sea area around a marine facility. <Amended on Mar. 23, 2013> |
| (2) | Whoever intends to enter sheltered waters shall obtain permission therefor from the Minister of Oceans and Fisheries, and the Minister of Oceans and Fisheries may permit a person to enter sheltered waters, when he or she finds that such entry is unlikely to create a hindrance to securing the safety of such marine facility or that such entry is necessary for public interest. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries may attach necessary conditions to the permission granted for an entry under paragraph (2). <Amended on Mar. 23, 2013> |
| (4) | If the Minister of Oceans and Fisheries deems it necessary for the permission to be granted for an entry under paragraph (2), he or she shall consult thereon with the heads of related administrative agencies. <Amended on Mar. 23, 2013> |
| (5) | The scope of sheltered waters shall be prescribed by Presidential Decree, and matters necessary for the permission for an entry to sheltered waters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 9 (Entry to Sheltered Waters) |
| (1) | Notwithstanding Article 8 (2), a person may enter sheltered waters without permission therefor from the Minister of Oceans and Fisheries in any of the following cases: <Amended on Mar. 23, 2013> |
| 1. | If it is impossible to maneuver a vessel due to a failure or any other cause in the vessel; |
| 2. | If it is inevitable to avoid a marine accident; |
| 3. | If it is necessary to rescue a human life or a vessel in an imminent danger; |
| 4. | If the head of a related administrative agency intends to execute any work for securing safety at sea; |
| 5. | If an authority responsible for the operation or management of a marine facility intends to enter the sheltered waters for the marine facility. |
| (2) | Matters necessary for the entry to sheltered waters under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
SECTION 2 Designation and Management of Specific Sea Areas for Traffic Safety
| Article 10 (Designation of Specific Sea Areas for Traffic Safety) |
| (1) | The Minister of Oceans and Fisheries may designate a sea area referred to in either of the following subparagraphs as a sea area in which a massive accident is likely to occur (hereinafter referred to as "specific sea area for traffic safety"): <Amended on Mar. 23, 2013> |
| 1. | A sea area with heavy marine traffic; |
| 2. | A sea area with frequent traffic of large vessels, hazardous cargo carriers, high-speed passenger vessels, etc. |
| (2) | The Minister of Oceans and Fisheries may implement a fairway designation scheme in a specific sea area for traffic safety, hearing opinions thereon from the heads of related administrative agencies, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (3) | The scope of specific sea areas for traffic safety shall be prescribed by Presidential Decree. |
| Article 11 (Measures to Secure Safety in Navigation of Large Vessels) |
Where the chief of a coast guard station deems it necessary to secure safety in navigation when a large vessel, a hazardous cargo carrier, a high-speed passenger vessel, or any other vessel specified by Ordinance of the Ministry of Oceans and Fisheries intends to travel through a specific sea area for traffic safety, he or she may issue an order to the shipmaster or shipowner with respect to the following matters: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jun. 22, 2015; Jul. 26, 2017>
| 1. | Change of the timing for passage; |
| 3. | Restriction on navigation of the vessel if visibility is restricted; |
| 6. | Other matters specified by Ordinance of the Ministry of Oceans and Fisheries. |
[Title Amended on Jan. 7, 2014]
| Article 12 (Restrictions on Fisheries) |
| (1) | No vessel engaging in fishing in a specific sea area for traffic safety shall disturb the passage of other vessels navigating the specific sea area for traffic safety in accordance with the relevant fairway designation scheme. |
| (2) | No person shall set up a fishing net or other fishing gear affecting the passage of vessels or engage in sea farming in a specific sea area for traffic safety. <Amended on Aug. 27, 2019> |
| (3) | Where a person exercises a fishery right or aquaculture business right for which a license was issued for a sea area before the sea area is designated as a specific sea area for traffic safety, paragraph (2) shall not apply until the expiry of the effective period for the relevant fishery license or license for aquaculture business. <Amended on Aug. 27, 2019> |
| (4) | Where the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) intends to grant a fishing license, aquaculture business license, fishery permit, or aquaculture business permit (including an extension of the effective period of license or permit) in a specific sea area for traffic safety, he or she shall consult in advance with the Commissioner of the Korea Coast Guard. <Amended on Nov. 19, 2014; Jul. 26, 2017; Aug. 27, 2019> |
| Article 13 (Works or Operations) |
| (1) | Any person who intends to lay a submarine cable or pipeline, dredge, conduct a survey, salve a sunken vessel, or perform any other work or operation likely to disturb the navigation of vessels in a specific sea area for traffic safety, shall obtain permission therefor from the Commissioner of the Korea Coast Guard: Provided, That the same shall not apply to works for maritime safety, such as works performed by the State under any related statues or regulations for installing aids to navigation or conducting surveys on waterways. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where the Commissioner of the Korea Coast Guard grants permission under paragraph (1), he or she shall report such fact to the Minister of Oceans and Fisheries, and the Minister of Oceans and Fisheries shall give public notice thereof. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where a person to whom permission for works or operations was granted under paragraph (1) falls under any of the following cases, the Commissioner of the Korea Coast Guard may revoke the permission or may order the person to completely or partially suspend such work or operation for a period not exceeding six months: Provided, That where such person falls under subparagraph 1 or 4, the relevant permission must be revoked: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where the person obtains permission under paragraph (1) by fraud or other improper means; |
| 2. | Where the person is deemed incapable of continuing works or operations, as the works or operations are inactive; |
| 3. | Where the person breaches a condition attached to permission granted under paragraph (1) or a provision of the permission; |
| 4. | Where the person continues works or operations during the period of suspension in violation of a suspension order. |
| (4) | Where the period of permission granted under paragraph (1) lapses or the permission is revoked, the person to whom the permission was granted shall remove the structures in the area and shall reinstate the area. |
| (5) | Detailed guidelines and procedures for permission for works or operations under paragraph (1) and for the administrative dispositions made under paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
SECTION 3 Designation and Management of Sea Areas Subject to Prohibition of Passage of Oil Tankers
| Article 14 (Restrictions on Passage of Oil Tankers) |
| (1) | No shipmaster or officer on duty of navigation of a vessel carrying any of the following petroleum or hazardous liquid substances (hereinafter referred to as "oil tanker") shall pass through a sea area through which the passage of oil tankers is prohibited (hereinafter referred to as "sea area subject to prohibition against passage of oil tankers") in order to ensure safe navigation of oil tankers and to prevent marine pollution by marine accidents: <Amended on Mar. 23, 2013; May 14, 2014> |
| 1. | A vessel laden with and carrying at least 1,500 kilo liters of crude oil, heavy oil, light oil, hydrocarbon oil defined in subparagraph 2 (a) of Article 2 of the Petroleum and Alternative Fuel Business Act, similar to any of those stated above, a fake petroleum product defined in subparagraph 10 of the same Article, or any kind of oil specified by Ordinance of the Ministry of Oceans and Fisheries as similar to crude oil, heavy oil, or light oil, from among petroleum substitute fuels defined in subparagraph 11 of the same Article; |
| (2) | The scope of the sea areas subject to prohibition against passage of oil tankers shall be prescribed by Presidential Decree. |
| (3) | In any of the following cases, an oil tanker may navigate a sea area subject to prohibition against passage of oil tankers, notwithstanding paragraph (1): |
| 1. | When a severe danger to the safety of the vessel is likely to arise due to deteriorating weather conditions; |
| 2. | When it is necessary to rescue a human life or a vessel; |
| 3. | When the vessel carries an emergency patient; |
| 4. | When the vessel enters or departs from a port or harbor. In such cases, an oil tanker shall enter or depart from a port or harbor through the nearest route to the port from the area outside of the sea area subject to prohibition against passage of oil tankers, thoroughly taking into account conditions for navigation, such as weather conditions and the depth of the sea area for entry or departure and other sea conditions. |
| Article 14-2 (Establishment of Sea Trial Prohibition Waterways) |
| (1) | To prevent marine accidents, such as collisions, no person shall conduct a sea trial prescribed by Ordinance of the Ministry of Oceans and Fisheries on a vessel of at least 100 meters in length in a sea trial prohibition waterway (referring to sea trial conducted after a vessel is built, renovated, and repaired at a shipbuilding yard, etc. before delivery or conducted while it is built, renovated, and repaired; hereafter the same shall apply in this Article and subparagraph 5-2 of Article 106) is prohibited (hereinafter referred to as "sea trial prohibition waterway"). |
| (2) | The scope of a sea trial prohibition waterway under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 17, 2018]
CHAPTER IV MARINE TRAFFIC SAFETY CONTROL
SECTION 1 Marine Traffic Safety Examinations
| Article 15 (Marine Traffic Safety Examinations) |
| (1) | The Minister of Oceans and Fisheries shall require a person who intends to implement a project subject to safety examinations (excluding where the person is the head of the State organ or the head of a local government; hereinafter referred to as "project implementer") to conduct marine traffic safety examinations in accordance with the standards prescribed for safety examinations by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; May 14, 2014> |
| (2) | Where a project implementer intends to obtain permission, authorization, or approval or file a report (hereinafter referred to as "permission, etc.") pursuant to the Harbor Act, the Public Waters Management and Reclamation Act, the Act on the Arrival, Departure, etc. of Ships into and from Ports, or any other statutes or regulations regarding the utilization or conservation of oceans with respect to a project subject to safety examinations, it shall submit a report on the findings of the marine traffic safety examination conducted pursuant to paragraph (1) (hereinafter referred to as "safety examination report") to the head of an administrative agency with authority for permission, etc. (hereinafter referred to as "disposing authority"). <Amended on Feb. 3, 2015> |
| (3) | The scope of projects subject to safety examinations, for which marine traffic safety examinations shall be conducted and a safety examination report shall be submitted in accordance with paragraphs (1) and (2), shall be prescribed by Presidential Decree. <Newly Inserted on May 14, 2014> |
| (4) | Upon receipt of a safety examination report submitted pursuant to paragraph (2), the disposing authority shall submit the report to the Minister of Oceans and Fisheries within 10 days from the date of receiving the report from the project implementer before granting permission, etc. <Amended on Mar. 23, 2013; May 14, 2014> |
| (5) | The Minister of Oceans and Fisheries shall review a safety examination report within 45 days from the date of receipt of the safety examination report from the disposing authority and shall notify the disposing authority of his or her opinion thereon (hereinafter referred to as "opinion on the review"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, no period required for supplementing documents of a safety examination report or for consultation with related agencies shall be included in a period specified for notification. <Amended on Mar. 23, 2013; May 14, 2014> |
| (6) | The disposing authority shall notify opinions on the review to the relevant project implementer within 10 days from the date of receiving such opinions on the review from the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; May 14, 2014> |
| (7) | Except as provided in paragraphs (1) through (5), necessary matters concerning marine traffic safety examinations, such as the preparation, deadline for submission, review, and disclosure of a safety examination report, and the education of technical human resources for examinations, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; May 14, 2014> |
| Article 16 (Projects Exempt from Submission of Safety Examination Reports) |
| (1) | If a project implementer considers it unnecessary to submit a safety examination report because its project subject to safety examinations falls under either of the following subparagraphs, it shall submit a written opinion on the objectives, and details of the project involved and the reasons why it is not necessary to submit a safety examination report to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, notwithstanding Article 15 (2): <Amended on Mar. 23, 2013> |
| 1. | A project that shall be implemented urgently for the safety in navigation of vessels or for the preparation against, or recovery from, a disaster; |
| 2. | Any other project specified and publicly notified by the Minister of Oceans and Fisheries as a project less likely to affect the navigation of vessels. |
| (2) | Upon receipt of a written opinion under paragraph (1), the Minister of Oceans and Fisheries shall review the written opinion, determine, within 30 days from the date of receiving the written opinion, whether it is necessary to submit a safety examination report, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and give notice of the results thereof. In such cases, the period required for the supplementation of documents of a written opinion shall not be included in the period specified for notification. <Amended on Mar. 23, 2013> |
| (3) | When a project implementor is notified by the Minister of Oceans and Fisheries that it shall submit a safety examination report pursuant to paragraph (2), the project implementer shall submit the safety examination report to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Oceans and Fisheries shall review a safety examination report within 45 days from the date of receiving the safety examination report from a project implementer and then notify the relevant project implementer of his or her opinion on the review. In such cases, the period required for the supplementation of documents of a safety examination report or the consultation with related agencies shall not be included in the period specified for notification. <Amended on Mar. 23, 2013> |
| Article 17 (Petition for Objection to Opinion on Review) |
| (1) | A project implementer who has an objection against an opinion on the review may file a petition for objection with the Minister of Oceans and Fisheries via the disposing authority. In such cases, a project implementer shall file a petition for objection with the disposing authority within 30 days from the date of receiving the opinion on the review: Provided, That if a natural disaster or any other event beyond control occurs, the duration of such disaster or event shall not be included in the period specified for submission. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries shall examine the validity of a petition filed for objection pursuant to paragraph (1) and shall notify the person who filed the petition for objection of the results thereof (hereinafter referred to as "results of examination") via the disposing authority within 20 days, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That if a natural disaster or any other event beyond control occurs, the period specified for notification may be extended by not more than 10 days. <Amended on Mar. 23, 2013> |
| (3) | Matters necessary for the method, procedure, etc. for a petition for objection under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 18 (Permission by Disposing Authority) |
| (1) | The disposing authority shall reflect the opinion on the review, against which no petition for objection has been filed, or the results of examination in granting permission, etc., and shall notify the Minister of Oceans and Fisheries of the permission, etc. granted. <Amended on Mar. 23, 2013> |
| (2) | The disposing authority shall check whether a project implementer implements the project in accordance with the opinion on the review, against which no petition for objection has been filed, or the results of examination and may request the project implementer to submit data about its compliance or may conduct an on-site investigation. |
| (3) | If the disposing authority finds that a project implementer does not perform in accordance with the opinion on the review, against which no petition for objection has been filed, or the results of examination, it shall issue a written order to the project implementer to perform as ordered by a deadline specified for performance. |
| (4) | If the disposing authority finds that a project implementer's non-compliance with an order issued under paragraph (3) is likely to seriously affect safety in marine traffic, it shall issue an order to completely or partially suspend the project involved. |
| (5) | If the disposing authority grants permission, etc. without following the procedure provided for in Article 15 (2) through (5), the Minister of Oceans and Fisheries may request the disposing authority to revoke the permission, etc., suspend the project involved, remove artificial structures, suspend the operation of such structures, reinstate the area, and take other necessary measures. In such cases, the disposing authority shall comply with such request, in the absence of special circumstances. <Amended on Mar. 23, 2013; May 14, 2014> |
| Article 18-2 (Marine Traffic Safety Examinations by State Organs or Local Governments) |
| (1) | Notwithstanding the provisions of Article 15, the head of a State organ or the head of a local government shall submit a safety examination report to the Minister of Oceans and Fisheries and shall request consultations thereon, when he or she intends to implement a project subject to safety examinations. |
| (2) | Upon receipt of a request for consultations under paragraph (1), the Minister of Oceans and Fisheries shall review the safety examination report within 45 days from the date on which he or she is requested for consultations thereon and shall notify his or her opinion on the review to the head of the State organ or the head of the local government who requests consultations. |
| (3) | If the head of a State organ or the head of a local government has an objection to the opinion on the review under paragraph (2), he or she may request re-consultation thereon to the Minister of Oceans and Fisheries within 30 days from the date on which he or she is notified of the opinion on the review, stating the details of, and the reasons for, the objection, etc.: Provided, That if a natural disaster or any event beyond control occurs, a period during which such disaster or event continues shall be excluded from a period during which a request for re-consultation shall be made. |
| (4) | Upon receipt of a request for re-consultation under paragraph (3), the Minister of Oceans and Fisheries shall examine its validity and shall notify the results of the examination to the head of the State organ or the head of the local government who requests re-consultation within 20 days from the date on which he or she receives a request for re-consultation: Provided, That a period for notification may be extended by up to 10 days, if a natural disaster or any event beyond control occurs. |
| (5) | The head of a State organ or the head of a local government shall implement a project subject to safety examinations in accordance with the opinion of the review or the results of the examination notified by the Minister of Oceans and Fisheries. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the methods and procedures for the submission of a safety examination report by the head of a State organ or the head of a local government and the consultations and re-consultation thereon, etc. shall be prescribed by Presidential Decree. |
| (7) | If the head of a State organ or the head of a local government implements a project subject to safety examinations without undergoing the procedures provided for in paragraphs (1) through (4) or without following the opinion of the review or the results of the examination notified by the Minister of Oceans and Fisheries under paragraph (5), the Minister of Oceans and Fisheries may request the head of the State organ or the head of the local government to revoke the project plan, discontinue the project, remove artificial structures, discontinue operation, restore the project to the originate state, or take any other necessary measures. In such cases, the head of a State organ or the head of a local government shall comply with the request of the Minister of Oceans and Fisheries, in the absence of special circumstances. |
| (8) | Notwithstanding paragraph (1), if the head of a State organ or the head of a local government finds it unnecessary to submit a safety examination report because the project subject to safety examinations, which he or she intends to implement, falls under any subparagraph of Article 16 (1), he or she shall submit a letter of opinion to the Minister of Oceans and Fisheries for consultations, stating the objectives and details of the project, the reasons why it is unnecessary to submit a safety examination report, etc. therein. |
| (9) | Except as otherwise provided in paragraph (8), matters necessary for the preparation and review of a letter of opinions, the notification of the results of review, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 14, 2014]
| Article 19 (Agency for Marine Traffic Safety Examinations) |
| (1) | A project implementer specified in Article 15 (1) or the head of a State organ or the head of a local government, who shall request consultations to the Minister of Oceans and Fisheries under Article 18-2 (1), may authorize a safety examination agent registered pursuant to paragraph (2) to conduct marine traffic safety examinations on his or her behalf. <Amended on May 14, 2014> |
| (2) | A person who intends to provide services as an agency for marine traffic safety examinations (hereinafter referred to as "safety examination agent") shall meet the requirements prescribed for qualification by Ordinance of the Ministry of Oceans and Fisheries, such as technical human resources and equipment, and shall register itself with the Minister of Oceans and Fisheries. The same procedure shall also apply where it is intended to modify a description specified by Ordinance of the Ministry of Oceans and Fisheries among registered descriptions. <Amended on Mar. 23, 2013> |
| (3) | Except as provided in paragraph (2), the procedures for registration and matters necessary for the issuance, etc. of certificates of registration shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 20 (Grounds for Disqualification of Safety Examination Agents) |
None of the following persons shall be qualified for registration as a safety examination agent: <Amended on Mar. 18, 2014; Apr. 17, 2018>
| 1. | A person under adult guardianship, a person under limited guardianship, or a minor; |
| 2. | A person in whose case two years have not passed yet since his or her imprisonment without labor or greater punishment declared by a court for a violation of this Act or for the destruction of a lighthouse or sign or for the obstruction of traffic of vessels under Article 186 of the Criminal Act was completely executed (including where it is deemed completely executed) or exempted; |
| 3. | A person who is under suspension of the execution of his or her imprisonment without labor or a heavier punishment declared by a court for a violation of this Act or for the destruction of a lighthouse or sign or for the obstruction of traffic of vessels under Article 186 of the Criminal Act; |
| 4. | A person in whose case two years have not passed yet since the date his or her registration was revoked under Article 23 (excluding where his or her registration was revoked as he or she falls under subparagraph 1); |
| 5. | A corporation whose representative falls under any of subparagraphs 1 through 4. |
| Article 21 (Succession to Rights and Obligations) |
| (1) | When a person or corporation registered as a safety examination agent pursuant to Article 19 transfers his or her business or is merged to another corporation, the transferee or the corporation surviving the merger or newly established as a consequence of the merger shall succeed to rights and obligations that have arisen from the registration. |
| (2) | A person who succeeds rights and obligations under paragraph (1) shall report to the Minister of Oceans and Fisheries thereon within 30 days from the date of succession, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries shall notify a reporting person of whether to accept his or her report within three days from the date of receipt of such report under paragraph (2). <Newly Inserted on Apr. 17, 2018> |
| (4) | If the Minister of Oceans and Fisheries fails to notify a reporting person of whether to accept his or her report within the period prescribed in paragraph (3) or of whether to extend the period of processing such report under statutes or regulations related to processing of civil petitions, the report shall be deemed accepted on the date following the date of expiry of the period (referring to the relevant period where the period of processing a report is extended or re-extended under statutes or regulations related to processing of civil petitions). <Newly Inserted on Apr. 17, 2018> |
| (5) | Article 20 shall apply mutatis mutandis to a person who acquires a safety examination agent pursuant to paragraph (1). <Amended on Apr. 17, 2018> |
| Article 22 (Reporting of Temporary or Permanent Closure of Business) |
When a person registered as a safety examination agent intends to temporarily or permanently close his or her business shall file a report thereon with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
| Article 23 (Revocation of Registration of Safety Examination Agents) |
| (1) | In any of the following cases, the Minister of Oceans and Fisheries may revoke the registration of a safety examination agent or may order a safety examination agent to suspend business operation for a specified period not exceeding six months: Provided, That the registration of a safety examination agent shall be revoked if the safety examination agent falls under subparagraph 1 through 3, 5, 11, or 12: <Amended on Mar. 23, 2013; Jan. 7, 2014; May 14, 2014; Apr. 17, 2018> |
| 1. | If a safety examination agent fails to observe the standards for safety examinations under Article 15 (1) or if a safety examination agent makes a false safety examination report without conducting a marine traffic safety examination; |
| 2. | If a safety examination agent has his or her business registered or has the registration of his or her business modified by fraud or other improper means; |
| 3. | If a safety examination agent ceases to meet the requirements prescribed for qualification by Ordinance of the Ministry of Oceans and Fisheries pursuant to the former part of Article 19 (2); |
| 4. | If a safety examination agent fails to file an application for modification to registration pursuant to the latter part of Article 19 (2); |
| 5. | If a safety examination agent falls under any subparagraph of Article 20: Provided, That no registration shall be revoked if the relevant violation is rectified within six months from the date on which the representative of such corporation falls under any subparagraph of Article 20; |
| 6. | If a safety examination agent fails to file a report on the succession to rights and obligations in violation of Article 21 (2); |
| 7. | If a safety examination agent fails to file a report on temporary or permanent closure of business in violation of Article 22; |
| 8. | If a safety examination agent refuses to appear or testify pursuant to Article 58 (1) 1 or obstructs or evades such appearance or statements; |
| 9. | If a safety examination agent refuses, obstructs, or evades an entry, inspection, verification, investigation, or examination conducted pursuant to Article 58 (1) 2; |
| 10. | If a safety examination agent fails to submit a document or a report pursuant to Article 58 (1) 3 or makes a false representation in such document or report; |
| 11. | If a safety examination agent continues his or her business as a safety examination agent during the period of suspension in breach of an order issued to suspend business operation; |
| 12. | If a safety examination agent hires another safety examination agent for a marine traffic safety examination. |
| (2) | Detailed guidelines and procedures for the dispositions made under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 24 (Continuance of Business as Safety Examination Agents) |
| (1) | Notwithstanding a disposition made to revoke registration or suspend business operation under Article 23, a safety examination agent may continue marine traffic safety examinations for which a contract has been concluded before the disposition is made: Provided, That the same shall not apply where registration is revoked under Article 23 (1) 1 through 3, 11, or 12. <Amended on Jan. 7, 2014> |
| (2) | A person who continues marine traffic safety examinations pursuant to paragraph (1) shall be deemed a safety examination agent under this Act until he or she completes such examinations. |
| (3) | A safety examination agent who has registration revoked or who is ordered to suspend business operation under Article 23 (1) shall notify persons who requested marine traffic safety examinations of the revocation of registration or of the suspension of business operation within 10 days from the date on which registration is revoked or the suspension of business operation is ordered. |
| (4) | A person who requested a marine traffic safety examination may terminate the contract on the marine traffic safety examination only within 30 days from the date on which he or she receives a notice under paragraph (3) from the safety examination agent or he or she becomes aware of the revocation of registration or of the suspension of business operation. |
SECTION 2 Disposal of Obstructions to Navigation
| Article 25 (Reporting of Obstructions to Navigation) |
| (1) | The shipmaster, shipowner, or ship operator of a vessel that has created any of the following obstructions to navigation (hereinafter referred to as "person responsible for the removal of an obstruction to navigation") shall report the position of the obstruction to navigation, the hazards defined in Article 27, etc., without delay, to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013> |
| 1. | An obstruction to navigation, which is floating or sunken to impede the safe navigation of other vessels and disturbs the order of marine traffic; |
| (2) | If a Korean vessel produces an obstruction to navigation in the exclusive economic zone of a foreign country, the person responsible for the removal of the obstruction to navigation shall report thereon to the government of the foreign country having jurisdiction over the sea area. |
| (3) | Upon receipt of a report under paragraph (1), the Minister of Oceans and Fisheries shall notify vessels navigating the area around the obstruction to navigation and the governments of neighboring countries of the position, substance, etc. of the obstruction to navigation. <Amended on Mar. 23, 2013> |
| Article 26 (Marking of Obstructions to Navigation) |
| (1) | If an obstruction to navigation is likely to jeopardize the safety in navigation of other vessels, the person responsible for the removal of the obstruction to navigation shall put a sign indicating the hazard on the obstruction to navigation or take measures for informing other vessels of the obstruction without delay: Provided, That such person shall take measures for a vessel sunken or stranded, among obstructions to navigation, in accordance with Article 14 of the Aids to Navigation Act. <Amended on Oct. 31, 2017> |
| (2) | If the person responsible for the removal of an obstruction to navigation does not put a sign or does not take any measure pursuant to paragraph (1), the Minister of Oceans and Fisheries may order the person responsible for the removal of the obstruction to navigation to put such sign or take the measure. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Oceans and Fisheries finds that an obstruction to navigation is likely to severely jeopardize the safety of vessels if the person responsible for the removal of an obstruction to navigation does not comply with an order issued under paragraph (2) or does not put a sign promptly, he or she may directly put a sign indicating the obstruction to navigation. <Amended on Mar. 23, 2013> |
| Article 27 (Determination of Hazards of Obstructions to Navigation) |
| (1) | The Minister of Oceans and Fisheries shall take into consideration whether an obstruction to navigation seriously affects the safety in navigation of vessels or the marine environment in determining hazards of the obstruction to navigation. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for the determination of hazards of an obstruction to navigation shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 28 (Removal of Obstructions to Navigation) |
| (1) | The person responsible for the removal of an obstruction to navigation shall remove the obstruction to navigation. |
| (2) | If the person responsible for the removal of an obstruction to navigation does not remove the obstruction to navigation pursuant to paragraph (1), the Minister of Oceans and Fisheries may order the person responsible for the removal of the obstruction to navigation to remove the obstruction to navigation. <Amended on Mar. 23, 2013> |
| (3) | If the person responsible for the removal of an obstruction to navigation does not comply with an order issued under paragraph (2) or if such obstruction to navigation is determined as hazardous under Article 27, the Minister of Oceans and Fisheries may directly remove the obstruction to navigation. <Amended on Mar. 23, 2013> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the removal of an obstruction to navigation shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 29 (Collection of Costs) |
| (1) | If the Minister of Oceans and Fisheries deems it necessary in preparation for the collection of the cost incurred in putting a sign on an obstruction to navigation and in removing the obstruction to navigation pursuant to Articles 26 (3) and 28 (3), he or she may demand the shipowner to submit a document guaranteeing the payment of such cost. <Amended on Mar. 23, 2013> |
| (2) | The cost incurred in putting a sign on an obstruction to navigation and in removing the obstruction to navigation pursuant to Articles 26 (3) and 28 (3) shall be borne by the person responsible for the removal of the obstruction to navigation, but if it is impossible to identify the person responsible for the removal of the obstruction to navigation, such cost may be covered by disposing of the obstruction to navigation or the vessel that created the obstruction to navigation, as prescribed by Presidential Decree. |
| Article 30 (Denial of Entry into, or Departure from, Domestic Ports) |
The Minister of Oceans and Fisheries may deny the entry or departure of a vessel that does not comply with the demand made pursuant to Article 29 (1) into or from a domestic port or may deny the permission for the use of a domestic mooring facility. <Amended on Mar. 23, 2013>
SECTION 3 Navigation Safety Control
| Article 31 (Designation of Fairways) |
| (1) | If the Minister of Oceans and Fisheries finds that marine accidents are likely to occur due to topography, tidal current or other natural conditions, or the traffic volume of vessels in waters through which vessels pass, he or she may publicly notify the bounds of the waters, fairways and speed of vessels, and other matters necessary for the safety in navigation of vessels, hearing opinions thereon from the heads of related administrative agencies, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries may designate and manage waters for vessels attempting to take shelter from typhoon or other bad weather condition or vessels not freely maneuverable due to a marine accident or any other cause. <Amended on Mar. 23, 2013> |
| Article 32 (Passage of Non-Korean Vessels) |
| (1) | No non-Korean vessel shall pass through inland waters of the Republic of Korea without permission therefor from the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | Notwithstanding paragraph (1), a vessel may uninterruptedly and quickly pass through a sea area included in inland waters along the straight line defined in Article 2 (2) of the Territorial Sea and Contiguous Zone Act without anchoring, halting, mooring, or loitering: Provided, That the same shall not apply to the following cases: <Amended on Mar. 23, 2013> |
| 1. | Where it is necessary due to a force majeure event or shipwreck; |
| 2. | Where it is necessary to rescue a human life or a vessel or aircraft in peril or in distress; |
| 3. | Other cases specified by Ordinance of the Ministry of Oceans and Fisheries, such as entry into a port or harbor of the Republic of Korea. |
| (3) | Matters necessary for the submission of documents necessary for the permission under paragraph (1) and other measures shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 33 (Measures for Safety of Special Vessels) |
| (1) | The following vessels (hereinafter referred to as "special vessels"), among non-Korean vessels passing through the territorial sea or inland waters of the Republic of Korea, shall carry documents specified by the International Convention for the Safety of Life at Sea and other relevant international conventions or shall comply with special preventive measures prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013> |
| 1. | A nuclear-powered vessel; |
| 2. | A vessel carrying a hazardous cargo, such as nuclear materials. |
| (2) | If the Minister of Oceans and Fisheries deems it necessary for the prevention, reduction, or control of marine pollution by a special vessel, he or she may designate a traffic route for such vessel or may take other necessary measures for safety. <Amended on Mar. 23, 2013> |
| Article 34 (Preservation of Fairways) |
| (1) | No person shall conduct any of the following activities in fairways: |
| 2. | Setting up or dumping a fishing net or fishing gear. |
| (2) | The chief of a coast guard station may order a person who violates paragraph (1) to move or salve the abandoned vessel or to remove the fishing net or fishing gear. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | No person shall conduct any activity specified by Presidential Decree as obstruction to the safety of marine traffic, such as skin diving, scuba diving, or wind surfing, in waters specified by Presidential Decree, among waters of ports and harbors defined in subparagraph 1 of Article 2 of the Harbor Act and waters of fishery harbors defined in subparagraph 3 of Article 2 of the Fishing Villages and Fishery Harbors Act: Provided, That the same shall not apply where a person obtains permission for such activity from the chief of the relevant coast guard station as it is deemed unlikely to create obstruction to the safety of marine traffic and where a person conducts such activity on the waters in connection with a sports facility business reported pursuant to Article 20 of the Installation and Utilization of Sports Facilities Act. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | In any of the following cases, the chief of a coast guard station may revoke permission granted to a person pursuant to paragraph (3) or may order a person, to whom such permission has been granted, not to impede the safety of marine traffic: Provided, That such permission must be revoked in cases falling under subparagraph 3: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where any condition of marine traffic, such as fairways or anchorages, changes; |
| 2. | Where the person breaches a condition attached to permission; |
| 3. | Where the person obtains permission by fraud or other improper means. |
| (5) | Matters necessary for permission referred to in paragraph (3) shall be prescribed by Presidential Decree. |
| Article 35 (Securing of Safety in Waters and Fairways) |
| (1) | No person shall interrupt the passage of vessels by occupying or blocking waters or fairways by using a vessel or other means in waters or in an area not exceeding 10 kilometers far from waters. |
| (2) | The chief of a coast guard station may request persons who interrupt or are likely to interrupt the passage of vessels in violation of paragraph (1) to voluntarily disperse within a given time, but may order such persons to disperse where they do not comply with such request. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Persons ordered to disperse under paragraph (2) shall withdraw without delay. |
| Article 36 Deleted. <Dec. 3, 2019> |
| Article 36-2 Deleted. <Dec. 3, 2019> |
| Article 37 (Restrictions on Disclosure of Vessel Position Information) |
| (1) | A person who possesses information of the track of each vessel, etc., recorded by an electronic means specified by Ordinance of the Ministry of Oceans and Fisheries, (hereinafter referred to as "vessel position information") shall not disclose such vessel position information, except for the following cases: <Amended on Mar. 23, 2013> |
| 1. | Where a person who has a right to possess vessel position information intends to use the information for the purpose of possession; |
| 4. | The vessel position information specified by Ordinance of the Ministry of Oceans and Fisheries, among vessel position information recorded at least six months ago. |
| (2) | A ship owner, shipmaster, or seafarer who acquires vessel position information in the course of performing of his or her duties shall not divulge, alter, or destroy such information. |
| Article 38 (Control of Entry and Departure of Vessels) |
| (1) | If the Minister of Oceans and Fisheries anticipates that the safe navigation of vessels is likely to be hindered by weather conditions on the seas, regarding which a special weather statement has been announced, restricted visibility, or other circumstances, he or she may issue an order to shipowners or shipmasters for the control of entry and departure of vessels. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for the guidelines, methods, procedure, etc. for the control of entry and departure under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
The chief of a coast guard station shall assign his or her subordinate police officers to patrol waters, fairways, sheltered waters, etc., so as to maintain the safety and public order in passage of vessels. <Amended on Nov. 19, 2014; Jul. 26, 2017>
| Article 40 (Halt of Vessels) |
| (1) | The chief of a coast guard station may order a vessel that a person who violated or is suspected to have violated this Act or an order issued under this Act is on board, to halt or sail back. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | An order issued under paragraph (1) to halt or sail back a vessel shall be communicated to a person who is on duty of navigation of the vessel, by a method prescribed by Presidential Decree. |
| Article 41 (Prohibition against Operation of Steering Gear While under Influence of Alcohol) |
| (1) | No person, while under the influence of alcohol, shall operate, or instruct the operation of, the steering gear of a vessel defined in subparagraph 1 of Article 2 of the Ship Personnel Act (including vessels of less than five gross tonnage and non-Korean vessels falling under item (b) or (c) of the same subparagraph, but excluding vessels in sea trials (referring to vessels for which a sea trial is conducted from launch to delivery, after being built or renovated at a shipbuilding yard in the Republic of Korea) and floating maritime structures prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as mobile offshore drilling units and floatels, defined in subparagraph 1 of Article 2 of the Ship Safety Act; hereafter the same shall apply in this Article and Article 41-2) or conduct pilotage defined in subparagraph 1 of Article 2 of the Pilotage Act (hereinafter referred to as "pilotage"). <Amended on Jan. 17, 2012; Mar. 24, 2014> |
| (2) | In any of the following cases, a police officer of the Korea Coast Guard may examine whether a person who operates, or instructs the operation of, the steering gear of a vessel for navigation (hereinafter referred to as "operator") or a person who conducts pilotage referred to in paragraph (1) (hereinafter referred to as "pilot") is under the influence of alcohol, and the relevant operator or pilot shall comply with the examination conducted by the police officer of the Korea Coast Guard: Provided, That the police officer shall examine whether a person is under the influence of alcohol, without fail, in cases falling under subparagraph 3: <Amended on Nov. 19, 2014; Jun. 22, 2015; Jul. 26, 2017> |
| 1. | Where deemed necessary for the safety of marine traffic and the prevention of dangers because safety navigation of other vessels is jeopardized or is likely to be jeopardized; |
| 2. | Where a well-founded reason exists to believe that a person, while under the influence of alcohol, operated, or instructed the operation of, the steering gear or conducted pilotage in violation of paragraph (1); |
| 3. | Where a marine accident has occurred. |
| (3) | Where a person denies the results of an examination conducted pursuant to paragraph (2) to determine whether the person is under the influence of alcohol, the relevant operator or pilot may be re-examined by collecting a sample of his or her blood or by other means, subject to his or her consent thereto. |
| (4) | Deleted. <Apr. 17. 2018> |
| (5) | The criterion for determining the state of being under the influence of alcohol referred to in paragraph (1) shall be the blood alcohol content of at least 0.03 percent. <Amended on Jun. 22, 2015> |
| (6) | Detailed procedures necessary for the examination referred to in paragraphs (1) through (5) and necessary matters concerning the management, etc. of the records of examinations shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Jun. 22, 2015; Jul. 26, 2017> |
| Article 41-2 (Prohibition against Operation of Steering Gear While under Influence of Drug) |
No person shall conduct either of the following acts while in a state where he or she is unlikely to conduct such act in a normal condition due to influence of a drug (referring to a narcotic defined in subparagraph 1 of Article 2 of the Narcotics Control Act, etc.; the same apply hereinafter) or a hallucinogenic substance (referring to a hallucinogenic substance defined in Article 22 (1) of the Chemical Substances Control Act; the same shall apply hereinafter): <Amended on Jun. 4, 2013; Mar. 24, 2014> [This Article Newly Inserted on Jan. 17, 2012]
| Article 41-3 (Measures to Prevent Dangers) |
Where an operator or a pilot violates Article 41 (1) or 41-2, the chief of a coast guard station may order such operator or pilot not to operate, or instruct the operation of, the steering gear until he or she can operate, or instruct the operation of, the steering gear in a normal condition, or not to conduct pilotage, or may take other necessary measures. [This Article Newly Inserted on Apr. 17, 2018]
| Article 42 (Request for Revocation or Suspension of Certificate of Marine Officer) |
Where a person who holds a certificate of marine officer granted pursuant to Article 4 of the Ship Personnel Act commits any of the following acts, the Commissioner of the Korea Coast Guard may request the Minister of Oceans and Fisheries to revoke the certificate of the marine officer or to suspend the validity of the certificate of the marine officer by up to one year: <Amended on Jan. 17, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> | 1. | Where a marine officer operates, or instructs the operation of, the steering gear for navigation while under the influence of alcohol, in violation of Article 41 (1); |
| 2. | Where a marine officer fails to comply with a request by a police officer of the Korea Coast Guard to cooperate with the police officer in examining the marine officer's physical state, although a reasonable ground exists to believe that the marine officer operates, or instructs the operation of, the steering gear while under the influence of alcohol, in violation of Article 41 (2) 2; |
| 3. | Where a marine officer operates, or instructs the operation of, the steering gear in a state where the marine officer is unlikely to conduct such act in a normal condition due to influence of a drug or hallucinant, in violation of Article 41-2. |
| Article 43 (Measures to Be Taken for Marine Accidents) |
| (1) | Where a marine accident is likely to put a vessel into danger or to jeopardize safety in the navigation of other vessels, the shipmaster or shipowner involved shall promptly take measures necessary for preventing dangers and shall report the occurrence of the marine accident and measures taken by him or her to the chief of the relevant coast guard station or the Head of the relevant Regional Office of Oceans and Fisheries, without delay. <Amended on Nov. 19, 2014; Jun. 22, 2015; Jul. 26, 2017> |
| (2) | Upon receipt of a report under paragraph (1), the Head of a Regional Office of Oceans and Fisheries shall notify the chief of the relevant coast guard station thereof without delay. <Amended on Nov. 19, 2014; Jun. 22, 2015; Jul. 26, 2017> |
| (3) | The chief of a coast guard station shall review a report made by a shipmaster or a shipowner on measures taken under paragraph (1) by applying appropriate means and shall order the shipmaster or shipowner to take measures necessary for quickly bringing the marine accident under control and for securing the safety of marine traffic, where the chief of the coast guard station deems that the shipmaster or shipowner has not taken any measure in accordance with paragraph (1) or a measure taken by the shipmaster or shipowner is inappropriate. <Amended on Nov. 19, 2014; Jun. 22, 2015; Jul. 26, 2017> |
| (4) | Where a marine accident is likely to put a vessel into a danger or to jeopardize safety in navigation of other vessels, the chief of the relevant coast guard station may order other vessels to move to other area from the area designated by him or her, refrain from passing through such area, or stop operations in such area, if necessary. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 44 (Installation and Management of Navigational Aids) |
| (1) | The Minister of Oceans and Fisheries shall install, manage, and operate navigational aids and facilities, such as aids to navigation and facilities related to signaling, lighting, etc., necessary for safety in navigating vessels. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (2) | Deleted. <Dec. 3, 2019> |
| (3) | Where the Commissioner of the Korea Coast Guard, the head of a local government, or an operator deems it necessary to install an aid to navigation defined in subparagraph 1 of Article 2 of the Aids to Navigation Act in any of the following waters, he or she may request the Minister of Oceans and Fisheries to install such aid to navigation: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 31, 2017> |
| 1. | Waters with heavy traffic of vessels; |
| 2. | Waters dangerous for navigation. |
CHAPTER V SAFETY MANAGEMENT OF VESSELS AND COMPANIES
SECTION 1 Safety Management System of Vessels
| Article 45 (Shipmaster's Authority) |
No person shall interfere with or intervene in a shipmaster's expert judgment for the safety of the vessel.
| Article 46 (Establishment of Safety Management System for Vessels) |
| (1) | The Minister of Oceans and Fisheries shall formulate policies necessary for a shipowner operating a vessel specified in paragraph (2) to establish and implement a system for the management of the vessel and his or her company for safe operation of the vessel (hereinafter referred to as "safety management system"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | Each shipowner who operates any of the following vessels (including mobile offshore drilling units engaged in gathering, exploring, or excavating submarine resources; hereafter the same shall apply in this Article and Articles 47 through 54) shall establish and implement a safety management system: Provided, That a shipowner who has formulated and implements the operation management rules under Article 21 of the Marine Transportation Act after undergoing an examination by the Minister of Oceans and Fisheries shall be deemed to have established and implement a safety management system: <Amended on Jun. 22, 2015; Apr. 17, 2018> |
| 2. | A vessel of 500 gross tonnage and upwards which engages in marine cargo transportation services defined in Article 23 of the Marine Transportation Act (including barges connected to motor vessels in close proximity to each other); |
| 3. | A vessel of 500 gross tonnage and upwards which engages in international navigation for transporting catches of fish or a mobile offshore drilling unit for such purpose; |
| 5. | Other vessels prescribed by Presidential Decree. |
| (3) | A shipowner who shall establish and implement a safety management system pursuant to paragraph (2) may entrust it to a safety management agency defined in Article 51. In such cases, the shipowner shall notify the Minister of Oceans and Fisheries of the entrustment within 10 days. <Amended on Mar. 23, 2013> |
| (4) | Each safety management system shall include the following matters: Provided, That some of the following matters may be omitted in the safety management system for vessels specified in paragraph (2) 5, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Jan. 7, 2014; Dec. 31, 2018> |
| 1. | The basic policy on safety at sea and the protection of environment; |
| 2. | Matters regarding the responsibilities and authority of the shipowner; |
| 3. | Matters regarding the duties of designated persons and safety management personnel under paragraph (5); |
| 4. | Matters regarding the responsibilities and authority of the shipmaster; |
| 5. | Matters regarding the placement and management of human resources; |
| 6. | Matters regarding the establishment of a safety management system for vessels; |
| 7. | Matters regarding the formulation of emergency countermeasures in preparation against a collision of vessels, etc.; |
| 8. | Matters regarding reporting and analysis of accidents, dangerous situations, and defects in the safety management system; |
| 9. | Matters regarding the maintenance of vessels; |
| 10. | Matters regarding the management of documents and data, including manuals concerning the safety management system; |
| 11. | Matters regarding the examination, review, and evaluation by the shipowner of the safety management system. |
| (5) | Each shipowner who shall establish and implement a safety management system pursuant to paragraph (2) shall employ designated persons and safety management personnel for the implementation of the safety management system. |
| (6) | Matters necessary for the standards for the qualification of designated persons and safety management personnel under paragraph (5) and the prescribed number of such designated persons and safety management personnel shall be prescribed by Presidential Decree. |
| Article 47 (Verification) |
| (1) | A shipowner shall obtain verification from the Minister of Oceans and Fisheries for a safety management system of a vessel or company, for which the shipowner shall establish and implement a safety management system pursuant to Article 46 (2), (hereinafter referred to as "verification") in accordance with any of the following subparagraphs, whichever is relevant: <Amended on Mar. 23, 2013> |
| 1. | Initial verification: Verification initially conducted to examine matters regarding the establishment and implementation of a safety management system; |
| 2. | Renewal verification: Verification conducted at the end of the effective period of a vessel safety management certificate or a document of compliance; |
| 3. | Intermediate verification: Verification conducted at the time specified by Ordinance of the Ministry of Oceans and Fisheries between an initial verification and a renewal verification or between renewal verifications; |
| 4. | Interim verification: An examination under either of the following subparagraphs for operating a vessel temporarily before obtaining the initial verification: |
| (a) | An examination of the company to which a new type of vessel is added or newly placed; |
| (b) | An examination of a vessel the type of which has been changed as a result of remodelling or a vessel newly introduced; |
| 5. | Additional verification: Verification of a company or a vessel in addition to the verifications under subparagraphs 1 through 4 in cases specified by Ordinance of the Ministry of Oceans and Fisheries, conducted for such purposes as preventing marine accidents of vessels and detention of vessels in foreign ports. |
| (2) | No shipowner shall use a vessel that fails verification for navigation: Provided, That the same shall not apply to cases specified by Ordinance of the Ministry of Oceans and Fisheries, such as where it is found that a shipowner is unable to undergo verification due to a natural disaster or the like. <Amended on Mar. 23, 2013> |
| (3) | A person who intends to undergo verification shall pay fees, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (4) | Matters necessary for verification procedures and methods shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 48 (Vicarious Verification) |
| (1) | The Minister of Oceans and Fisheries may authorize a recognized organization designated by the Minister of Oceans and Fisheries (hereinafter referred to as "recognized organization") to perform the following services on behalf of the Government. In such cases, the Minister of Oceans and Fisheries shall execute an agreement with the recognized organization, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013> |
| 2. | Issuance of vessel safety management certificates, etc. defined in Article 49 (1) and (2). |
| (2) | The Minister of Oceans and Fisheries may supervise or monitor services provided by examination agencies regularly or occasionally, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Apr. 17, 2018> |
| (3) | Matters necessary for the standards for the designation of a recognized organization, such as organization, personnel, and offices, and the qualification of persons engaging in examinations shall be prescribed by Presidential Decree. <Amended on Apr. 17, 2018> |
| (4) | When a recognized organization conducts verification on behalf of the Government, a person who intends to undergo the verification shall pay fees prescribed by the recognized organization to the recognized organization. <Amended on Apr. 17, 2018> |
| (5) | A recognized organization shall formulate guidelines for the fees referred to in paragraph (4) and shall obtain approval thereof from the Minister of Oceans and Fisheries. The same procedure shall also apply where a recognized organization intends to amend the guidelines so approved. <Amended on Mar. 23, 201; Apr. 17, 2108> |
| (6) | In any of the following cases, the Minister of Oceans and Fisheries may revoke the designation of the recognized organization involved or order the recognized organization involved to completely or partially suspend its business operation for a period not exceeding six months: Provided, That if the recognized organization involved falls under subparagraph 1 or 6, its designation shall be revoked: <Amended on Mar. 23, 2013; Apr. 17, 2018> |
| 1. | If the recognized organization obtained the designation by fraud or other improper means; |
| 2. | If the recognized organization ceases to meet the standards for the designation of a recognized organization; |
| 3. | If the recognized organization is deemed incapable of performing services related to verification; |
| 4. | If the recognized organization collects fees without approval or amended approval for fees, in violation of paragraph (5); |
| 5. | If the recognized organization fails to report on its agency services, in violation of paragraph (7); |
| 6. | If the recognized organization continues agency services during a period of suspension of business operation, in violation of an order issued to suspend business operation. |
| (7) | A recognized organization shall report to the Minister of Oceans and Fisheries on its agency services, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Apr. 17, 2018> |
| (8) | The Minister of Oceans and Fisheries shall review the performance of agency services reported by a recognized organization pursuant to paragraph (7), and shall revoke the designation of a recognized organization or take other necessary measures, if he or she discovers a violation of any subparagraph of paragraph (6). <Amended on Mar. 23, 2013; Apr. 17, 2108> |
| (9) | Detailed guidelines and procedures for the administrative disposition prescribed in paragraph (6) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Apr. 17, 2108> |
| Article 49 (Issuance of Safety Management Certificates) |
| (1) | If a vessel successfully passes the initial verification or the renewal verification, the Minister of Oceans and Fisheries shall issue a safety management certificate and shall issue a document of compliance for the related company. <Amended on Mar. 23, 2013> |
| (2) | If a vessel successfully passes the interim verification, the Minister of Oceans and Fisheries shall issue an interim vessel safety management certificate and shall issue an interim document of compliance for the related company. <Amended on Mar. 23, 2013> |
| (3) | The shipowner of a vessel shall keep the original of the relevant vessel safety management certificate or the relevant interim safety management certificate and a copy of the relevant document of compliance or the relevant interim document of compliance in the vessel and shall keep the original of the safety management certificate or the interim document of compliance in the related company. |
| (4) | The effective period of a vessel safety management certificate and a document of compliance issued under paragraph (1) shall be five years respectively, while the effective period of an interim document of compliance issued under paragraph (2) shall be one year, and the effective period of an interim safety management certificate shall be six months. |
| (5) | The effective period of a safety management certificate issued under paragraph (1) may be extended only once by not more than five months, while an interim safety management certificate issued under paragraph (2) may be extended only once by not more than six months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (6) | If a shipowner fails an intermediate verification prescribed in Article 47 (1) 3 or an additional verification under Article 47 (1) 5, the Minister of Oceans and Fisheries shall suspend the validity of the relevant document of compliance or safety management certificate issued under paragraph (1) until the shipowner successfully passes the relevant verification. <Amended on Mar. 23, 2013> |
| (7) | When the validity of a document of compliance is suspended under paragraph (6), the validity of the safety management certificates of all vessels in the related company shall be also suspended. |
| (8) | Matters necessary for the method of counting the effective period under paragraph (4) or (5) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 50 (Objection to Verification) |
| (1) | A person who objects to the verification results may file a petition of objection within 30 days from the date on which he or she is notified of the results, stating the reasons therefor, as determined by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | A person who objects to the verification results may file an administrative appeal under the Administrative Appeals Act or an administrative lawsuit under the Administrative Litigation Act, irrespective of whether he or she files a petition for objection pursuant to paragraph (1). |
| Article 51 (Registration of Safety Management Agency) |
| (1) | A person who intends to operate an agency for services entrusted by shipowners for the establishment and implementation of a safety management system (hereinafter referred to as "safety management agency") shall register its business with the Minister of Oceans and Fisheries. The same shall also apply where a person intends to modify a description specified by Ordinance of the Ministry of Oceans and Fisheries among registered descriptions. <Amended on Mar. 23, 2013> |
| (2) | A person who intends to register itself as a safety management agency shall be a corporation and shall have a safety management system established for its company pursuant to Article 46 (2). |
| (3) | Matters necessary for the procedure for the registration of a safety management agency shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 52 (Grounds for Disqualification of Safety Management Agency) |
| (1) | If the representative of a corporation falls under subparagraph 1, 2, or 3 of Article 20, such corporation shall not be qualified for registration as a safety management agency. |
| (2) | A corporation shall not be qualified for registration as a safety management agency, unless two years lapse from the date its registration is revoked under Article 54 (excluding where registration is revoked as the representative of a corporation falls under subparagraph 1 of Article 20). <Amended on Apr. 17, 2018> |
| Article 53 (Succession to Rights and Obligations) |
| (1) | Article 21 (1) through (4) shall apply mutatis mutandis to the succession to rights and obligations of a person registered as a safety management agency, and Article 52 shall apply mutatis mutandis to a person who succeeds to a safety management agency. <Amended on Apr. 17, 2018> |
| (2) | Article 22 shall apply mutatis mutandis to temporary or permanent closure of a safety management agency. |
| Article 54 (Revocation of Registration of Safety Management Agency) |
| (1) | In any of the following cases, the Minister of Oceans and Fisheries may revoke the registration of a person registered as a safety management agency or may order such person to completely or partially suspend business operation for a specified period not exceeding six months: Provided, That the registration of such person must be revoked in cases specified in subparagraph 1, 4, or 12: <Amended on Mar. 23, 2013; May 14, 2014> |
| 1. | If the person has itself registered by fraud or other improper means; |
| 2. | If the person fails to make a revised registration, in violation of the latter part of Article 51 (1); |
| 3. | If the person ceases to have a safety management system for its company pursuant to Article 51 (2); |
| 4. | If the representative of a corporation is disqualified on a ground specified in Article 52 (1): Provided, That no registration of a corporation shall be revoked if the representative of the corporation rectifies the relevant violation within six months from the date on which he or she is disqualified under Article 52 (1); |
| 5. | If the person makes a false document without performing services for the establishment and implementation of a safety management system; |
| 6. | If a safety examination agent fails to file a report on the succession to rights and obligations in violation of Article 53 (1); |
| 7. | If the person fails to file a report on temporary or permanent closure of business, in violation of Article 53 (2); |
| 8. | If a safety examination agent refuses to appear or testify pursuant to Article 58 (1) 1 or obstructs or evades such appearance or statements; |
| 9. | If a safety examination agent refuses, obstructs, or evades an entry, inspection, verification, investigation, or examination conducted pursuant to Article 58 (1) 2; |
| 10. | If the person fails to submit a document or report required under Article 58 (1) 3 or makes a false representation in such document or report; |
| 11. | If the person fails to comply with an improvement order issued under Article 59; |
| 12. | If the person continues its business as a safety management agency during a period of suspension of business operation in breach of an order issued to suspend business operation. |
| (2) | Detailed guidelines and procedures for the dispositions made under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
SECTION 2 Inspection of Vessels and Safety Management of Company
| Article 55 (Control of Non-Korean Vessels) |
| (1) | The Minister of Oceans and Fisheries may examine a vessel that has entered, or is scheduled to enter, a port or harbor of the Republic of Korea, among non-Korean vessels in the territorial sea of the Republic of Korea, to make sure whether the safety management system, structure, and facilities of the vessel, seafarers' knowledge about navigation of vessels, etc. meet the standards of international conventions on maritime safety specified by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | If the Minister of Oceans and Fisheries finds, as a result of the inspection conducted pursuant to paragraph (1), that the safety management system, structure, and facilities of the vessel, seafarers' knowledge about navigation of vessels, etc. fail to meet the standards of international conventions and that continuing navigation is likely to cause hazards to a human life or property or is likely to cause harms to the conservation of marine environment in light of the size, type, state, or period of navigation of the vessel, he or she may order the detention of the vessel and may take other necessary measures. <Amended on Mar. 23, 2013> |
| (3) | If the Minister of Oceans and Fisheries recognizes that the hazards and harms referred to in paragraph (2) are eliminated, he or she shall cancel the measures taken against the relevant vessel without delay. <Amended on Mar. 23, 2013> |
| (4) | Matters necessary for the examination under paragraph (1) and the measures to be taken under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 56 (Inspection of Vessels) |
| (1) | If a Korean vessel is detained as a result of a foreign government's control of vessels, the Minister of Oceans and Fisheries may inspect the company for the vessel to make sure whether its safety management system is appropriate or inspect the safety management system, structure, and facilities of the vessel, seafarers' knowledge about navigation of vessels, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries, if the vessel enters a Korean port: Provided, That such inspection may be conducted in a foreign country upon the request of a foreign government or if necessary. <Amended on Mar. 23, 2013> |
| (2) | If the Minister of Oceans and Fisheries deems it necessary to take measures for preventing vessel detention resulting from foreign government's control of vessels, he or she may conduct an inspection of the vessel concerned pursuant to paragraph (1) (hereinafter referred to as "special inspection"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (3) | If the Minister of Oceans and Fisheries finds, as a result of a special inspection, that it is necessary for securing the safety of a vessel, he or she may order the owner of the vessel or the relevant company to take measures for rectification and supplementation or to detain the vessel, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 57 (Publication of Information on Degree of Safety on Vessels) |
| (1) | In order to promote people's safety in their use of vessels, the Minister of Oceans and Fisheries may publish the number of marine accidents in which the following vessels have been involved, whether the following vessels comply with standards prescribed by relevant statutes, regulations, or international conventions on the safety of vessels, and information about owners, operators, safety management agencies, etc. of such vessels: Provided, That the Minister of Oceans and Fisheries shall publish information specified by Ordinance of the Ministry of Oceans and Fisheries, including the summary of the accident, the specification and owner of the vessel with respect to a vessel involved in any of the serious marine accidents specified by Presidential Decree: <Amended on Mar. 23, 2013; Jun. 22, 2015> |
| 3. | Vessels specified by Ordinance of the Ministry of Oceans and Fisheries, among non-Korean vessels anchored in a port or harbor of the Republic of Korea; |
| 4. | Other vessels of which the Minister of Oceans and Fisheries deems it necessary to provide information on the degree of safety on vessels, upon request, etc. by maritime safety-related international organizations, including the International Maritime Organization. |
| (2) | Matters necessary for the procedure, method, etc. for publication referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[Title Amended on Jun. 22, 2015]
| Article 57-2 (Designation of Exemplary Business Operators in Maritime Safety) |
| (1) | Where any of the following persons has contributed to the improvement of the level of maritime safety and the reduction of maritime accidents and meets the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries, the Minister of Oceans and Fisheries may designate the person as an exemplary business operator in maritime safety: <Amended on Jan. 6, 2015> |
| 4. | A person who engages in any other business determined and publicly notified by the Minister of Oceans and Fisheries as business related to maritime safety control or marine transportation services. |
| (2) | If the Minister of Oceans and Fisheries deems necessary for designating exemplary business operators in maritime safety, he or she may request a person who intends to obtain the designation, the heads of related administrative agencies, the heads of public institutions designated under Article 4 of the Act on the Management of Public Institutions, or other maritime safety-related institutions, organizations, or interested parties, to submit necessary data. |
| (3) | The Minister of Oceans and Fisheries may provide persons designated as exemplary business operators in maritime safety with marks indicating that they are designated as exemplary business operators and assistance prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | Where a person designated as an exemplary business operator in maritime safety falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the designation or may suspend the validity of the designation within a specified period not exceeding three months: Provided, That where such person falls under subparagraph 1, the Minister of Oceans and Fisheries must revoke the designation: |
| 1. | Where a person has obtained the designation of an exemplary business operator in maritime safety by fraud or other improper means; |
| 2. | Where a person ceases to meet the standards prescribed for the designation of exemplary business operators in maritime safety by Ordinance of the Ministry of Oceans and Fisheries under paragraph (1); |
| 3. | Where an exemplary business operator in maritime safety commits any of the following violations: |
| (a) | Where an exemplary business operator in maritime safety uses a vessel, which has failed to pass verification, for navigation in violation of the main sentence of Article 47 (2) (including where the validity of a vessel safety management certificate or a document of compliance is suspended under Article 49 (6) or (7)); |
| (b) | Where an exemplary business operator in maritime safety refuses, interferes with, or evades guidance or supervision under Article 58; |
| (c) | Where an exemplary business operator in maritime safety fails to comply with an improvement order under Article 59. |
| (5) | Except as provided in paragraphs (1) through (4), necessary matters concerning the standards, procedures, etc. for the designation of exemplary business operators in maritime safety, the revocation of such designation, and the suspension of the validity of such designation shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on May 14, 2014]
| Article 58 (Guidance and Supervision) |
| (1) | In cases where a maritime accident is likely to occur or it is necessary to ascertain whether maritime safety control has been properly performed or in cases specified by Ordinance of the Ministry of Oceans and Fisheries, the Minister of Oceans and Fisheries may instruct a maritime safety supervisor under paragraph (2) to take the following measures on a regular or occasional basis: Provided, That the same shall not apply to the leisure watercraft, wharves, and other water leisure facilities under the Water-Related Leisure Activities Safety Act and the excursion ships, ferries, and stations of excursion ships and ferries under the Excursion Ship and Ferry Business Act: <Amended on Mar. 23, 2013; May 14, 2014> |
| 1. | Summoning a shipmaster, shipowner, safety examination agent, safety management agency, or any other interested party to appear or testify; |
| 2. | Entering a ship or a company to inspect relevant documents or inspect, investigate, or examine the conditions of maritime safety control in a ship or a company; |
| 3. | Requiring a shipmaster, shipowner, safety examination agent, safety management agency, or any other interested party to submit relevant documents, or requiring any of such persons to report on business activities for maritime safety control. |
| (2) | The Ministry of Oceans and Fisheries shall employ maritime safety supervisors who shall perform guidance and supervision under paragraph (1): Provided, That if the Minister of Oceans and Fisheries partially delegates his or her authority for guidance and supervision to the head of an agency pursuant to Article 99 (1), the agency, the head of which has the authority delegated, shall employ maritime safety supervisors. <Newly Inserted on May 14, 2014> |
| (3) | A maritime safety supervisor who intends to take measures under paragraph (1) 1 or 2 (hereinafter referred to as "measures for guidance or supervision") shall notify the person subject to the measures for guidance or supervision of the purposes, details, date, and timing for the measures for guidance or supervision, in writing, by no later than seven days before the date scheduled for the measures for guidance or supervision: Provided, That such notification need not be made in the case of an emergency or if it is anticipated impossible to achieve the purpose of measures for guidance or supervision because of the destruction of evidence, etc., if prior notice is given. <Amended on May 14, 2014> |
| (4) | A maritime safety supervisor who takes measures for guidance or supervision under paragraph (1) shall carry a certificate indicating his or her authority therefor and shall produce it to people involved. <Amended on May 14, 2014> |
| (5) | A maritime safety supervisor who takes measures for guidance or supervision under paragraph (1) shall notify a person subject to the measures for guidance or supervision of the results thereof in writing. <Amended on May 14, 2014> |
| (6) | Matters necessary for the qualification for maritime safety supervisors under paragraph (2), the appointment or dismissal of maritime safety supervisors, and the scope of their duties shall be prescribed by Presidential Decree. <Newly Inserted on May 14, 2014> |
| (7) | Except as provided in paragraphs (1) through (5), matters necessary for guidance and supervision shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on May 14, 2014> |
[Title Amended on Jan. 7, 2014]
| Article 59 (Improvement Orders) |
| (1) | If the Minister of Oceans and Fisheries finds it necessary as a result of measures taken for guidance or supervision or deems it necessary in light of the frequency and seriousness of marine accidents, he or she may order the shipmaster, shipowner, safety management agency, and other interested parties of the relevant vessel to take the following measures: <Amended on Mar. 23, 2013; May 14, 2014> |
| 1. | Supplementation or replacement of facilities of the vessel; |
| 2. | Improvement of work hours and working conditions of employees; |
| 3. | Conduct of educational and training programs for executives and employees; |
| 4. | Improvements in other affairs relating to maritime safety control. |
| (2) | When the Minister of Oceans and Fisheries issues an order to take measures specified in paragraph (1) 1, he or she may concurrently order the detention of the relevant vessel until the supplementation or replacement of facilities of the vessel is completed. <Amended on Mar. 23, 2013> |
| (1) | A shipowner who objects to a vessel detention order issued under Article 55 (2) or rectification, supplementation or vessel detention orders issued under Article 56 (3) may file a petition for objection with the Minister of Oceans and Fisheries, stating the reasons for the objection therein, within 90 days from the date on which he or she receives such order. <Amended on Mar. 23, 2013> |
| (2) | Upon receipt of a petition for objection under paragraph (1), the Minister of Oceans and Fisheries shall notify the petitioner of the results of his or her review of the petition within 60 days: Provided, That the deadline for notification may be extended by not more than 30 days, if unavoidable circumstances arise. <Amended on Mar. 23, 2013> |
| (3) | Matters necessary for the petition of objection, the review of such petition, and the notification of the results thereof under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (4) | A person who objects to a vessel detention order issued under Article 55 (2) or rectification, supplementation or vessel detention orders issued under Article 56 (3) may file an administrative appeal under the Administrative Appeals Act or an administrative lawsuit under the Administrative Litigation Act, irrespective of whether he or she files a petition for objection pursuant to paragraph (1). |
| Article 61 (Fees for Control of Non-Korean Vessels and Inspection of Vessels) |
| (1) | If the Minister of Oceans and Fisheries discovers a defect from a vessel as a result of an examination conducted pursuant to Article 55 (1) or a special inspection conducted pursuant to Article 56 (1) or (2) and issues a vessel detention order under Article 55 (2) or rectification, supplementation or vessel detention orders under Article 56 (3), he or she may collect fees required for the confirmation on whether such defect is cured from the vessel so ordered, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | When a special inspection is conducted in a foreign country pursuant to the proviso of Article 56 (1), the Minister of Oceans and Fisheries may collect fees for airfare and other actual expenses as necessary. <Amended on Mar. 23, 2013> |
CHAPTER VI CONDUCT OF VESSELS
SECTION 1 Conduct of Vessels in Any Condition of Visibility
This Section shall apply to any condition of visibility.
Every vessel shall keep at all times an appropriate lookout by all available means, such as sight, hearing and all other means suitable for the prevailing circumstances and conditions, in order to fully grasp the surrounding conditions and risk of collision with other vessels.
| (1) | Every vessel shall make appropriate and effective action to avoid a collision with other vessels or navigate at all times at a safe speed so that she can stop within a distance suitable for the prevailing circumstances and conditions. |
| (2) | The following matters (matters specified in subparagraphs 1 through 6 in cases of a vessel with no radar) shall be taken into consideration in determining a safe speed pursuant to paragraph (1): |
| 1. | The state of visibility; |
| 2. | The marine traffic density; |
| 3. | The maneuverability of the vessel with special reference to stopping distance and turning ability; |
| 4. | At night, the presence of light that obstructs navigation; |
| 5. | The state of wind, sea, current and the proximity of obstructions to navigation; |
| 6. | The correlation between the draft of the vessel and the depth of water; |
| 7. | The characteristics and performance of the radar; |
| 8. | The effect on radar detection of the sea state, weather and other sources of interference; |
| 9. | The number, location, and movements of vessels detected by the radar. |
| Article 65 (Risk of Collision) |
| (1) | Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine whether risk of collision with other vessels exists. |
| (2) | A vessel fitted with a radar shall use the radar for purposes such as long-range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects. |
| (3) | In determining risk of collision with other vessels exists, assumptions shall not be made on the basis of scanty information, especially scanty radar information. |
| (4) | If the compass bearing of an approaching vessel does not appreciably changes, a vessel shall take necessary measures, deeming that risk of collision exists. Necessary measures shall be also taken to prevent a collision, even where the compass bearing of an approaching vessel appreciably changes but she approaches a large vessel, a vessel engaged in towing another vessel, or any other vessel at a close range. |
| Article 66 (Action to Avoid Collision) |
| (1) | A vessel shall take action to avoid a collision with other vessels in compliance with the rules of conduct in Sections 1 through 3 and 6 and shall take measures therefor pro-actively, taking ample time and with due regard to the observance of good seamanship, except as otherwise provided in this Act. |
| (2) | Any alteration of course or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel; a succession of small alterations of course or speed shall be avoided. |
| (3) | When a vessel changes her course on broad waters to avoid a collision, she shall change the course by a large angle at an appropriate time and shall ensure not to result in a close-quarters situation with another vessel. |
| (4) | Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear. |
| (5) | If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way off by stopping or reversing her means of propulsion. |
| (6) | A vessel that shall not impede the passage of another vessel or disturb the safety of passage pursuant to this Act shall observe and take heed of the following matters: |
| 1. | She shall take action earlier to secure an area enough for another vessel to pass by safely; |
| 2. | If she creates risk of collision by approaching another vessel, she shall not be exempted from the liability therefor and shall fully take into consideration the action required in this Chapter when she takes action to give way. |
| (7) | A vessel, the passage of which is not to be impeded remains fully obliged to comply with the provisions of this Chapter when the two vessels are approaching one another so as to involve risk of collision. |
| Article 67 (Narrow Channel) |
| (1) | A vessel passing along a narrow channel or fairway (hereinafter referred to as "narrow channel") shall keep as near to the right edge of the narrow channel as possible, taking into consideration the safety of navigation: Provided, That a vessel shall not be obliged to pass along the right edge of a narrow channel in a zone particularly designated by the Minister of Oceans and Fisheries pursuant to Article 31 (1) or in a zone to which a traffic separation scheme shall apply pursuant to Article 68 (1). <Amended on Mar. 23, 2013> |
| (2) | Neither a vessel of less than 20 meters in length nor a sailing vessel shall impede the passage of another vessel which can safely navigate only within a narrow channel. |
| (3) | A vessel engaged in fishing shall not impede the passage of another vessel navigating within a narrow channel. |
| (4) | No vessel shall cross a narrow channel, if such crossing obstructs the passage of another vessel which can safely navigate only within such channel. |
| (5) | A vessel that intends to overtake another vessel in a narrow channel pursuant to Article 71 (2) or (3) shall express her intention by sounding signals, if she would be unable to overtake the other vessel, unless the vessel to be overtaken takes action for allowing the overtaking vessel to pass by safely. In such cases, if the vessel to be overtaken consents to the overtaking vessel's intention, she shall take action to allow the overtaking vessel to pass by safely. |
| (6) | A vessel nearing a bend or an area of a narrow channel where other vessels may be obscured by an intervening obstruction shall navigate with particular alertness and caution. |
| (7) | No vessel shall anchor (or be tied to an anchored vessel) in a narrow channel: Provided, That the same shall not apply where it is found unavoidable to avoid a marine accident or to rescue a human life or a vessel. |
| Article 68 (Traffic Separation Scheme) |
| (1) | This Article shall apply to the following waters (hereinafter referred to as "traffic separation zones"): <Amended on Mar. 23, 2013> |
| 1. | Waters subject to the traffic separation scheme adopted by the International Maritime Organization; |
| 2. | Waters specified by Ordinance of the Ministry of Oceans and Fisheries as an area to which it is necessary to apply a traffic separation scheme because heavy marine traffic and the risk of collisions. |
| (2) | A vessel passing through a traffic separation zone shall comply with the following rules: |
| 1. | She shall proceed in the specified direction within the traffic lane; |
| 2. | She shall keep a distance from the traffic separation line or separation zone as far as possible; |
| 3. | She shall normally join or leave a traffic lane at the termination of the lane, but when joining or leaving from either side shall do so at as small an angle to the general direction of traffic flow as practicable. |
| (3) | A vessel shall, so far as practicable, avoid crossing traffic lanes but if obliged to do so shall cross on a heading as nearly as practicable at right angles to the general direction of traffic flow. |
| (4) | No vessel shall navigate along an inshore traffic zone, when she can safely pass along a traffic lane in a traffic separation zone adjacent to the inshore traffic zone: Provided, That the following vessels may navigate along an inshore traffic zone: |
| 1. | A vessel of less than 20 meters in length; |
| 3. | A vessel engaged in fishing; |
| 4. | A vessel entering and exiting an adjacent port; |
| 5. | A vessel entering and exiting a marine facility in an inshore traffic zone or a place where pilots shall embark or disembark a vessel; |
| 6. | A vessel taking a shelter from an imminent danger. |
| (5) | No vessel, other than those crossing, entering, or exiting a traffic lane, shall enter a separation zone or cross a separation line, except where a vessel takes a shelter from an imminent danger or is engaged in fishing in a separation zone. |
| (6) | A vessel engaged in fishing within a traffic separation zone shall not impede the passage of other vessels navigating along a traffic lane. |
| (7) | Every vessel shall exercise special care when she navigates in the vicinity of the entrance or exit of a traffic separation zone. |
| (8) | No vessel shall anchor (or be tied to an anchored vessel) in the vicinity of a traffic separation zone or the entrance or exit of such zone: Provided, That the same shall not apply where it is found inevitable to avoid a marine accident or to rescue a human life or vessel. |
| (9) | A vessel that does not use a traffic separation zone shall keep a distance as far as possible from the traffic separation zone while navigating. |
| (10) | Neither a vessel of less than 20 meters in length nor a sailing vessel shall impede the course of other vessels passing along a traffic lane. |
| (11) | The provisions of paragraphs (1) through (10) shall not apply to a vessel restricted in her ability to maneuver, while she is engaged in works for laying, repairing, lifting a submarine cable or in works for the maintenance of safety of navigation in a traffic separation zone, to the extent necessary for such works. |
SECTION 2 Conduct of Vessels in Sight of One Another
This Section shall apply to vessels in sight of one another.
| Article 70 (Sailing Vessels) |
| (1) | When two sailing vessels are approaching one another, so as to involve risk of collision, they shall navigate in compliance with the following rules: |
| 1. | If each vessel has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other vessel; |
| 2. | If both vessels have the wind on the same side, the windward vessel shall keep out of the way of the leeward vessel; |
| 3. | If a vessel with the wind on the port side sights a vessel at the windward side but is unable to ascertain whether the other vessel has the wind on the port or starboard side, she shall keep out of the way of the other vessel. |
| (2) | For the purpose of paragraph (1), "the windward side" means the side opposite to that on which the mainsail is unfurled, in cases of an afore-and-aft rigged vessel, or the side opposite to that on which the largest fore-and-aft sail is unfurled, in cases of a square-rigged vessel; and "the leeward side" means the side opposite to the windward side. |
| (1) | Notwithstanding the provisions of Section 1 and other provisions of Section, an overtaking vessel shall keep out of the way of the overtaken vessel until the former completely overtakes the latter or is able to keep a sufficient distance from the latter. |
| (2) | A vessel shall take necessary measures against another vessel overtaking her from a direction more than 22.5 degrees abaft from her beam between her sides (at nighttime, it means such position at which only the stern light of another vessel is visible but no sidelight at either side is visible), deeming such vessel as an overtaking vessel. |
| (3) | If a vessel is in doubt as to whether she is overtaking another vessel, she shall take necessary measures, deeming itself overtaking. |
| (4) | When a vessel overtakes another vessel, the overtaking vessel shall keep out of the way of the overtaken vessel until overtaking is completed, irrespective of to whichever the bearing between the two vessels is altered. |
| Article 72 (Head-on Situation) |
| (1) | When two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision, each vessel shall alter her course to starboard so that each vessel can pass by the port side of the other vessel. |
| (2) | If a vessel is able to see another vessel from the direction of her stem in either of the following cases, it shall be deemed that a head-on situation exists: |
| 1. | If a vessel can see two masthead lights of another vessel in a beeline or nearly in a beeline or sidelights on both sides by night; |
| 2. | If the masts of both vessels are in a beeline or nearly in a beeline from the stem to the stern in the daytime. |
| (3) | If a vessel is in doubt as to whether a head-on situation exists, she shall assume that such situation does exist and take necessary measures. |
| Article 73 (Crossing Situation) |
When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other vessel on her starboard side shall keep out of the way of the other vessel. In such cases, the vessel obliged to keep out of the way of the other vessel shall avoid crossing ahead of the other vessel, except where such crossing is inevitable.
| Article 74 (Action by Give-Way Vessel) |
Every vessel obliged to keep out of the way of another vessel in accordance with this Act (hereinafter referred to as "give-way vessel") shall, so far as possible, take early and substantial action to keep well clear.
| Article 75 (Action by Stand-on Vessel) |
| (1) | Where one of two vessels is to keep out of the way of the other vessel, the other vessel shall keep her course and speed. |
| (2) | Notwithstanding paragraph (1), a vessel that shall keep her course and speed pursuant to paragraph (1) (hereinafter referred to as "stand-on vessel") may take action to avoid a collision with a give-way vessel by her maneuver alone when it is judged that the give-way vessel fails to take appropriate action in compliance with this Act. In such cases, the stand-on vessel shall not direct her course toward the vessel on her port side, except where she has no choice but to do so. |
| (3) | When the stand-on vessel finds herself so close to the give-way vessel that a collision cannot be avoided by the action of the give-way vessel alone, she shall fully cooperate with the give-way vessel to avoid collision, notwithstanding paragraph (1). |
| (4) | Paragraphs (2) and (3) do not relieve the give-way vessel of her obligation to keep out of the way of the other vessel. |
| Article 76 (Responsibilities between Vessels) |
| (1) | Except as otherwise provided in Articles 67, 68 and 71, a vessel underway shall comply with the rules in this Article. |
| (2) | A power-driven vessel underway shall keep out of the way of the following vessels: |
| 1. | A vessel not under command; |
| 2. | A vessel restricted in her ability to maneuver; |
| 3. | A vessel engaged in fishing; |
| (3) | A sailing vessel underway shall keep out of the way of the following vessels: |
| 1. | A vessel not under command; |
| 2. | A vessel restricted in her ability to maneuver; |
| 3. | A vessel engaged in fishing. |
| (4) | A vessel engaged in fishing when underway shall, as far as possible, keep out of the way of the following vessels: |
| 1. | A vessel not under command; |
| 2. | A vessel restricted in her ability to maneuver. |
| (5) | Any vessel, other than a vessel not under command or a vessel restricted in her ability to maneuver shall avoid impeding the passage of a vessel constrained by her draught, exhibiting the lights or shapes specified in Article 86, except where it is deemed inevitable. |
| (6) | A seaplane on the water shall, as far as possible, keep well clear of all vessels and avoid impeding their navigation, but where risk of collision exists, she shall comply with the provisions of this Act. |
| (7) | A WIG craft shall keep well clear of all vessels when she flies (or takes off or lands; hereinafter the same shall apply) to avoid impeding their navigation: Provided, That when a WIG craft navigates on the water, she shall comply with the rules of conduct prescribed by this Act for power-driven vessels. |
SECTION 3 Conduct of Vessels in Restricted Visibility
| Article 77 (Conduct of Vessels in Restricted Visibility) |
| (1) | This Article shall apply to vessels not insight of one another when navigating in or near an area of restricted visibility. |
| (2) | Every vessel shall proceed at a safe speed suitable for the prevailing circumstances and conditions of restricted visibility, and a power-driven vessel shall have her engines ready for immediate maneuver, when in restricted visibility. |
| (3) | Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when taking measures pursuant to Section 1. |
| (4) | A vessel that detects by radar alone the presence of another vessel shall determine how near the other vessel is or whether risk of collision exists. In such cases, a vessel shall take action to avoid a collision in ample time, if she judges that a close-quarters situation is developing or risk of collision exists. |
| (5) | Where the action to be taken to avoid collision under paragraph (4) consists of an alteration of course alone, the action specified in the following subparagraphs shall be avoided as far as possible: |
| 1. | An alteration of the course to the port side where another vessel is forward of the beam of the vessel (except cases of an overtaken vessel); |
| 2. | An alteration of the course towards a vessel abeam or abaft the beam. |
| (6) | Except where it is determined that risk of collision does not exist, every vessel shall reduce her speed to the minimum at which she can keep her course in either of the following cases. In such cases, a vessel shall take all her way off, if necessary, and navigate with extreme caution until risk of collision is over, in any case: |
| 1. | When the vessel hears the fog signal of another vessel forward of her beam; |
| 2. | When the vessel cannot avoid a close-quarters situation with another vessel forward of her beam. |
SECTION 4 Lights and Shapes
| (1) | This Section shall be complied with in all weathers. |
| (2) | Every vessel shall exhibit lights in compliance with this Act from sunset to sunrise, but no light other than those specified in this Act shall be exhibited during such times: Provided, That the following lights may be exhibited: |
| 1. | Lights that cannot be mistaken as lights specified in this Act; |
| 2. | Lights that do not impair the visibility or distinctive character of a light specified in this Act; |
| 3. | Lights that do not interfere with the keeping of a proper lookout by a light specified in this Act. |
| (3) | A vessel equipped with lights specified in this Act shall also exhibit such lights in restricted visibility even from sunrise to sunset and may exhibit such lights in all other circumstances when it is deemed necessary. |
| (4) | Every vessel shall exhibit the shapes specified in this Act by day. |
| Article 79 (Types of Lights) |
The lights of a vessel shall be classified into the following categories:
| 1. | Masthead light: A while light placed over the stem and aft centerline of the vessel showing a light over an arc of the horizon of 225 degrees, which can show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel; |
| 2. | Sidelights: Lights each showing a light over an arc of the horizon of 112.5 degrees from right ahead on either side of the vessel, comprised of a red light on the port side; showing the light from right ahead to 22.5 degrees abaft the beam on its port side, and a green light on the starboard side, showing the light from right ahead to 22.5 degrees abaft the beam on the starboard side; |
| 3. | Stern light: A while light showing a light over an arc of the horizon of 135 degrees, placed as nearly as practicable at the stern to show the light 67.5 degrees from right aft on each side of the vessel; |
| 4. | Towing light: A yellow light having the same characteristics as the stern light; |
| 5. | All-round light: A light showing a light over an arc of the horizon of 360 degrees: Provided, That flashing lights shall be excluded herefrom; |
| 6. | Flashing light: A light flashing at regular intervals at a frequency of 120 flashes or more per minutes, showing the light over an arc of the horizon of 360 degrees; |
| 7. | Bi-colored lanterns: Lights placed over the stem and aft centerline of the vessel, each showing a light comprised of two colors, red and green, each of which has the same characteristics of the red lights and green lights used as sidelights; |
| 8. | Tri-colored lanterns: Lights placed over the stem and aft centerline of the vessel, each showing a light comprised of three colors, red, green, and white, each of which has the same characteristics of the red lights and green lights used as sidelights and the stern light. |
| Article 80 (Standards for Lights and Shapes) |
Matters necessary for technological standards of visible ranges, luminous intensity, etc. of the lights specified in this Act, the structures and positions of lights and shapes specified in this Act, etc. shall be determined and publicly noticed by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>
| Article 81 (Power-Driven Vessels Underway) |
| (1) | Every power-driven vessel underway shall exhibit the following lights: |
| 1. | A masthead light forward and another masthead light abaft of and higher than the forward one: Provided, That a vessel of less than 50 meters in length shall not be obliged to exhibit the masthead light abaft; |
| 2. | A pair of sidelights (a vessel of less than 20 meters in length may exhibit bi-colored lanterns in lieu of such sidelights; the same shall apply hereafter in this Section); |
| (2) | A vessel specified in Ordinance of the Ministry of Oceans and Fisheries shall exhibit an all-round flashing yellow light, when operating in a non-displacement mode, in addition to the lights specified in paragraph (1). <Amended on Mar. 23, 2013> |
| (3) | When a WIG craft flies, she shall exhibit a high intensity all-round flashing red right, in addition to the lights specified in paragraph (1). |
| (4) | A power-driven vessel of less than 12 meters in length may exhibit an all-round white light and a pair of sidelights in lieu of the lights specified in paragraph (1). |
| (5) | A power-driven vessel of less than seven meters in length whose maximum speed does not exceed 7 knots may exhibit an all-round white light alone in lieu of the lights specified in paragraph (1) or (4) and may also exhibit a pair of sidelights, if practicable. |
| (6) | The masthead light or all-round white light on a power-driven vessel of less than 12 meters in length may be placed at a position out of the stem and aft centerline of the vessel if the centerline fitting is not practicable. In such cases, a pair of sidelights shall be combined into one light and exhibited on the stem and aft centerline of the vessel or in its vicinity, but such lights shall be exhibited as near the line on which the masthead light or the all-round white light is exhibited as possible, if it is impracticable to exhibit such lights as prescribed above. |
| Article 82 (Towing Vessel Underway) |
| (1) | A power-driven vessel towing another vessel or object, shall exhibit the following lights or shapes: |
| 1. | Two masthead lights in the same vertical line in lieu of the masthead lights exhibited afore pursuant to Article 81 (1) 1: Provided, That if the length of the tow measured from the stern of the towing vessel to the aft end of the towed vessel or object exceeds 200 meters, three masthead lights shall be exhibited in the same vertical line; |
| 4. | A towing light in a vertical line above the stern light; |
| 5. | A diamond shape at the place where it can best be seen, when the length of the tow exceeds 200 meters. |
| (2) | A power-driven vessel pushing ahead or towing alongside another vessel shall exhibit the following lights: |
| 1. | Two masthead lights in the same vertical line in lieu of the masthead lights exhibited afore pursuant to Article 81 (1) 1; |
| (3) | A vessel or object being towed shall exhibit the following lights or shapes: |
| 3. | A diamond shape at the place where it can best be seen, when the length of the tow exceeds 200 meters. |
| (4) | Two or more vessels being towed alongside or pushed in a group shall be deemed one vessel and shall exhibit the following lights: |
| 1. | A pair of sidelights at the forward end of the vessel being pushed ahead; |
| 2. | A stern light and a pair of sidelights at the forward end of the vessel being towed alongside. |
| (5) | A vessel or object, or a combination of vessels or objects, being towed in an obscured and partly submerged state shall exhibit the following lights and shapes, notwithstanding paragraph (3): |
| 1. | One all-round white light at or near the forward end and one at or near the aft end respectively, if the breath is less than 25 meters; |
| 2. | One all-round white light at or near each end of the breadth respectively in addition to the lights specified in subparagraph 1, if the breadth is 25 meters or more; |
| 3. | An additional all-round white light at the distance not exceeding 100 meters between the lights specified in subparagraphs 1 and 2, if the length exceeds 100 meters; |
| 4. | A diamond shape at or near the aft end of the last vessel or object being towed. In such cases, if the length of the tow exceeds 200 meters, an additional diamond shape shall be exhibited at a place as far forward as possible where it can best be seen. |
| (6) | If it is impracticable to exhibit the lights or shapes specified in paragraph (3) or (5) at a vessel or object being towed, all available measures shall be taken whereby to illuminate the vessel or object being towed or indicate its presence. |
| (7) | If it is impracticable to exhibit lights specified in paragraph (1) or (2), when a vessel, ordinarily not engaged in towing operations, is towing another vessel in distress or in need of rescue, such vessel is not required to exhibit such lights. In such cases, all available measures under Article 94 shall be taken, such as illuminating by a searchlight the towline used to indicate the relationship between the towing vessel and the vessel being towed. |
| (8) | Where a pushing vessel and a vessel being pushed are tightly connected in a composite unit, such vessels shall be deemed one power-driven vessel and Article 81 shall apply to such vessels. |
| Article 83 (Sailing Vessels Underway) |
| (1) | A sailing vessel underway shall exhibit the following lights: |
| (2) | A sailing vessel of less than 20 meters in length underway may exhibit a tri-colored lantern at or near the top of the mast, where it can best be seen, in lieu of the lights specified in paragraph (1). |
| (3) | A sailing vessel underway may exhibit two all-round lights above and below in a vertical line at or near the top of mast, where they can best be seen, in addition to the lights specified in paragraph (1). In such cases, the upper light shall be red, the lower one green, and such lights shall not be exhibited together with a tri-colored lantern specified in paragraph (2). |
| (4) | A sailing vessel of less than 7 meters in length shall exhibit the light specified in paragraph (1) or (2) as far as possible: Provided, That if such vessel does not exhibit such lights, she shall have a portable electric light or a lighted lantern, showing a white light, ready at hand, and exhibit it for a sufficient period to prevent a collision. |
| (5) | A vessel under oars may exhibit the lights specified in this Article for sailing vessels: Provided, That such vessel shall comply with the proviso of paragraph (4), if she does not exhibit such lights. |
| (6) | A sailing vessel proceeding under sail, when also being driven by an engine, shall exhibit forward, where it can best be seen, a conical shape, apex downwards. |
| Article 84 (Fishing Vessels) |
| (1) | A vessel engaged in trawling, which means dragging a dredge net or other fishing appliance in the water, shall exhibit the following lights or shapes, whether or not underway: |
| 1. | Two all-round lights in a vertical line, the upper being green and the lower white, or a shape consisting of two cones with their apexes together in a vertical line one above the other; |
| 2. | A masthead light abaft of and higher than the all-round green light specified in subparagraph 1: Provided, That a vessel of less than 50 meters in length, engaged in fishing, shall not be obliged to exhibit such light; |
| 3. | A pair of sidelights and a stern light, when making way through the water, in addition to the lights specified in subparagraphs 1 and 2. |
| (2) | A vessel engaged in fishing, other than trawling under paragraph (1), shall exhibit the following lights or shapes, whether underway or at anchor: |
| 1. | Two all-round lights in a vertical line, the upper being red and the lower white, or a shape consisting of two cones with their apexes together in a vertical line one above the other; |
| 2. | An all-round white light or a cone apex upwards in the direction of the gear, when there is outlying gear extending more than 150 meters horizontally from the vessel; |
| 3. | A pair of sidelights and a stern light, when making way through the water, in addition to the lights specified in subparagraphs 1 and 2. |
| (3) | A vessel engaged in trawlnet fishing or purse-seine fishing shall exhibit additional signals prescribed by Ordinance of the Ministry of Oceans and Fisheries, in addition to the lights specified in paragraphs (1) and (2). <Amended on Mar. 23, 2013> |
| (4) | A vessel not engaged in fishing shall not exhibit the lights or shapes specified in this Article but shall exhibit only the lights or shapes prescribed for a vessel of her length. |
| Article 85 (Vessels Not under Command or Restricted in Their Ability to Maneuver) |
| (1) | A vessel not under command shall exhibit the following lights or shapes: |
| 1. | Two all-round red lights in a vertical line where they can best be seen; |
| 2. | Two balls or similar shapes in a vertical line where they can best be seen; |
| 3. | A pair of sidelights and a stern light, when making way through the water, in addition to the lights specified in subparagraphs 1 and 2. |
| (2) | A vessel restricted in her ability to maneuver shall exhibit the following lights or shapes, except when she is engaged in mine clearance operations: |
| 1. | Three all-round lights in a vertical line where they can best be seen; the highest and lowest of the lights shall be red and the middle one shall be white; |
| 2. | Three shapes in a vertical line where they can best be seen; the highest and lowest of the shapes shall be balls and the middle one shall be a diamond; |
| 3. | A masthead light, a pair of sidelights and a stern light, when making way through the water, in addition to the lights specified in subparagraph 1; |
| 4. | The lights or shapes specified in Article 88, when at anchor, in addition to the lights or shapes specified in subparagraphs 1 and 2. |
| (3) | A power-driven vessel engaged in a towing operation, which severely restricts her ability to deviate from her course, shall exhibit the lights or shapes specified in paragraph (2) 1 and 2, in addition to the lights or shapes specified in Article 82 (1). |
| (4) | A vessel engaged in dredging or underwater operations, which restricts her ability to maneuver, shall exhibit the lights and shapes specified in paragraph (2) and shall exhibit the following lights or shapes additionally, when an obstruction exists: |
| 1. | Two all-round red lights or two balls in a vertical line to indicate the side on which the obstruction exists; |
| 2. | Two all-round green lights or two diamonds in a vertical line to indicate the side on which another vessel may pass; |
| 3. | The lights or shapes specified in subparagraphs 1 and 2 in lieu of the lights or shapes specified in Article 88, when at anchor. |
| (5) | A vessel engaged in diving operations shall exhibit the following signals, if her size makes it impracticable to exhibit the lights and shapes specified in paragraph (4): |
| 1. | Three all-round lights in a vertical line where they can best be seen; the highest and lowest of the lights shall be red and the middle one shall be white; |
| 2. | A replica of the International Code flag "A", prescribed by the International Maritime Organization, not less than one meter in height shall be exhibited to ensure all-round visibility. |
| (6) | A vessel engaged in mine clearance operations shall exhibit three all-round green lights or three balls indicating that it is dangerous for another vessel to approach closer than 1,000 meters from the vessel, in addition to the lights specified for a power-driven vessel in Article 81 or to the lights or shapes specified for a vessel at anchor in Article 88. In such cases, one out of these lights or shapes shall be exhibited near the foremast head, and one at each end of the crossbar of the foremast. |
| (7) | A vessel of less than 12 meters in length shall not be obliged to exhibit the lights or shapes specified in this Article, except when she is engaged in diving operations. |
| Article 86 (Vessels Constrained by Her Draught) |
A vessel constrained by her draught may exhibit three all-round red lights in a vertical line or a shape of cylinder at the place where they can best be seen, in addition to the lights specified for power-driven vessels in Article 81.
| Article 87 (Pilot Vessels) |
| (1) | A vessel engaged on pilotage duty shall exhibit the following lights or shapes: |
| 1. | Two all-round lights in a vertical line at or near the masthead; the upper one shall be white and the lower one shall be red; |
| 2. | A pair of sidelights and a stern light, when underway, in addition to the lights specified in subparagraph 1; |
| 3. | The lights or shapes specified in Article 88 for vessels at anchor, when at anchor, in addition to the lights specified in subparagraph 1. |
| (2) | When a pilot vessel does not engage in pilotage, she shall exhibit the lights or shapes prescribed for a similar vessel of her length. |
| Article 88 (Anchored Vessels and Vessels Aground) |
| (1) | A vessel at anchor shall exhibit the following lights or shapes where it can best be seen: |
| 1. | An all-round white light or one ball in the forepart; |
| 2. | An all-round white light at or near the stern and at a level lower than the light specified in subparagraph 1. |
| (2) | A vessel of less than 50 meters in length may exhibit an all-round white light where it can best be seen in lieu of the lights specified in paragraph (1). |
| (3) | A vessel at anchor shall use the available working or equivalent lights to illuminate her decks: Provided, That a vessel of less than 100 meters in length shall not be obliged to use such lights. |
| (4) | A vessel aground shall exhibit the lights specified in paragraph (1) or (2) and shall exhibit the following lights and shapes additionally where they can best be seen: |
| 1. | Two all-round red lights in a vertical line; |
| 2. | Three balls in a vertical line. |
| (5) | A vessel of less than seven meters in length shall not be obliged to exhibit the lights or shapes specified in paragraphs (1) and (2), when at anchor or aground, not in or near a narrow channel or anchorage nor in an area where other vessels normally navigate. |
| (6) | A vessel of less than 12 meters in length shall not be obliged to exhibit the lights or shapes specified in paragraph (4), when aground. |
| Article 89 (Seaplanes and WIG Craft) |
Where it is impracticable for a seaplane or WIG craft to exhibit lights and shapes of the characteristics prescribed in this Section or in the specified positions, she shall exhibit lights and shapes as closely similar in characteristics and positions to those prescribed in this Section as possible.
SECTION 5 Sound and Light Signals
| Article 90 (Types of Whistle) |
The term "whistle" means any sound signaling appliance capable of producing short blasts and prolonged blasts as defined in the following subparagraphs:
| 1. | Short blast: A blast of about one second's duration; |
| 2. | Prolonged blast: A blast of from four to six seconds' duration. |
| Article 91 (Equipment for Sound Signals) |
| (1) | A vessel of 12 meters or more in length shall be provided with a whistle, a vessel of 20 meters or more in length shall be provided with a whistle and a bell, and a vessel of 100 meters or more in length shall be provided additionally with a gong, whose tone and sound cannot be mistaken for that of the bell: Provided, That the bell and gong may be replaced by other equipment with an identical timbre, with which a manual sounding of signals required under this Act can be effected. |
| (2) | A vessel of less than 12 meters in length shall not be obliged to carry the sound signaling appliances specified in paragraph (1): Provided, That if a vessel is not provided with such appliances, she shall have other equipment capable of making an effective sound signal. |
| (3) | The technological standards for the whistle, bell, and gong, with which a vessel shall be provided, and the position of a whistle shall be determined and publicly announced by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 92 (Maneuvering and Warning Signals) |
| (1) | When power-driven vessels are in sight of one another, a power-driven vessel underway shall indicate her maneuvering by the following signals on her whistle, when she alters her course or employs her engine in backward gear in accordance with the provisions of this Act: <Amended on Jan. 7, 2014> |
| 1. | To alter her course to starboard: One short blast; |
| 2. | To alter her course to port: Two short blasts; |
| 3. | To propel astern: Three short blasts. |
| (2) | A power-driven vessel underway may supplement the whistle signals prescribed in paragraph (1) by the following light signals, repeated as appropriate: |
| 1. | To alter her course to starboard: One flash; |
| 2. | To alter her course to port: Two flashes; |
| 3. | To propel astern: Three flashes. |
| (3) | The duration of each flash and the interval between flashes under paragraph (2) shall be about one second respectively, and the interval between repeated signals shall be at least 10 seconds, while the light used for such flash signals shall be an all-round white light that shall be visible at a minimum range of five nautical miles. |
| (4) | Vessels in sight of one another in a narrow channel shall use the whistle signals prescribe in Article 67 (5) in the following manner: |
| 1. | A vessel intending to overtake another on the latter's starboard side shall indicate her intention by two prolonged blasts followed by a short blast; |
| 2. | A vessel intending to overtake another on the latter's port side shall indicate her intention by two prolonged blasts followed by two short blasts; |
| 3. | A vessel to be overtaken shall indicate her agreement on being overtaken by another vessel by twice repeating one prolonged and one short blast. |
| (5) | When vessels in sight of one another are approaching each other and either vessel fails to understand the intention or action of the other vessel or is in doubt whether sufficient action is being taken by the other vessel to avoid collision, the relevant vessel about such situation shall indicate her concern immediately by giving five short and rapid blasts. In such cases, such signals indicating doubt may be supplemented by a light signal of at least five short and rapid flashes. |
| (6) | A vessel nearing a bend of a narrow channel or an area in which other vessels are obscured by an obstruction shall sound one prolonged blast. In such cases, another vessel approaching the sounding vessel shall answer the signal with a prolonged blast, if she hears such signal near the bend or behind the obstruction. |
| (7) | If at least two whistles are fitted on a vessel at a distance apart of at least 100 meters, only one whistle shall be used for giving maneuvering and warning signals. |
| Article 93 (Sound Signals in Restricted Visibility) |
| (1) | All vessels in or near an area of restricted visibility shall use the following signals, whether by day or night: |
| 1. | A power-driven vessel making way through the water shall sound one prolonged blast at intervals of not more than two minutes; |
| 2. | A power-driven vessel underway but stopped and making no way through the water shall sound two prolonged blasts with an interval of about two seconds between them in succession at intervals of not more than two minutes; |
| 3. | A vessel not under command, a vessel with restricted in her ability to maneuver, a vessel constrained by her draught, a sailing vessel, a vessel engaged in fishing, or a vessel engaged in towing or pushing another vessel shall sound three blasts in succession (one prolonged blast followed by two short blasts) at intervals of not more than two minutes, in lieu of the signals prescribed in subparagraphs 1 and 2; |
| 4. | A vessel towed (the last vessel of the tow, if two or more vessels are towed), if manned, shall sound four blasts in succession (one prolonged blast followed by three short blasts) at intervals of not more than two minutes. In such cases, the signal shall be made immediately after the signal made by the towing vessel as far as practicable; |
| 5. | A vessel at anchor shall ring the bell rapidly for about five seconds at intervals of not more than one minute: Provided, That a vessel with restricted in her ability to maneuver, while engaged in fishing or performing works at anchor, shall sound the signal prescribed in subparagraph 3, while a vessel of 100 meters or more in length shall ring the bell in her forepart and shall sound the gong rapidly for about five seconds at the stern immediately after the ringing of the bell and may sound three blasts in succession (one short, one prolonged, and one short blast) in addition, if it is necessary to give a warning of her position and of the possibility of collision to an approaching vessel; |
| 6. | A vessel of less than 100 meters in length, when aground, shall give the bell signal rapidly for about five seconds at intervals of not more than one minute and shall additionally give three separate and distinct strokes on the bell immediately before and after the rapid ringing of the bell. In such cases, a vessel aground may sound an appropriate whistle signal in addition; |
| 7. | A vessel of 100 meters or more in length, when aground, shall give the bell signal rapidly for about five seconds at intervals of not more than one minute in the forepart of the vessel, shall additionally give three separate and distinct strokes on the bell immediately before and after the rapid ringing of the bell, and shall ring the gong rapidly in the stern part of the vessel immediately after the last ringing of the bell. In such cases, a vessel aground may sound an appropriate whistle signal in addition; |
| 8. | A vessel of less than 12 meters in length shall not be obliged to give the signals prescribed in subparagraphs 1 through 7, while a vessel of not less than 12 meters but less than 20 meters in length shall not be obliged to give the signals prescribed in subparagraphs 5 through 7: Provided, That where if a vessel does not give such signals, she shall make other effective sound signals at intervals of not more than two minutes; |
| 9. | A pilot vessel, engaged in pilotage duty, may sound an identity signal by sounding four short blasts in addition to the signals prescribed in subparagraph 1, 2 or 5. |
| (2) | When a pushing vessel and a vessel being pushed ahead are tightly connected in a composite unit, paragraph (1) shall apply to such vessels, deeming them one power-driven vessel. |
| Article 94 (Signals to Attract Attention) |
| (1) | If necessary to attract the attention of another vessel, a vessel may make light or sound signals that cannot be mistaken for any signal prescribed elsewhere in this Act or may direct the beam of her searchlight in the direction of the danger in such a manner as not to embarrass any vessel. |
| (2) | A light signal or searchlight referred to in paragraph (1) shall be such one as cannot be mistaken as navigational aids, and a strobe light or any other strong light, flickering or rotating, shall not be used for such purpose. |
| Article 95 (Distress Signals) |
| (1) | When a vessel is in distress and requires rescue, she shall make the signals prescribed by the International Maritime Organization. |
| (2) | No vessel shall make the signals specified in paragraph (1) for any purpose other than the purposes prescribed in paragraph (1) or any signal that might be mistaken as a signal specified in the aforesaid paragraph. |
SECTION 6 Conduct of Vessels in Critical Situation
| Article 96 (Critical Situation with Imminent Danger) |
| (1) | Each vessel, shipmaster, shipowner, or seafarer shall exercise reasonable care in preparation against all critical situations with imminent danger (including circumstances situated due to limits on the performance of vessels involved), such as risk of collision with another vessel. |
| (2) | When a vessel is in a critical situation with imminent danger as referred to in paragraph (1), she shall not be obliged to comply with the rules of conduct prescribed in Sections 1 through 3 in order to avoid such danger. |
| (3) | No vessel, shipmaster, shipowner, or seafarer shall be relieved from liability for any consequence of his or her negligence in complying the provisions of this Act or in exercising care required for a critical situation. |
| Article 97 (Special Provisions regarding Installation and Exhibition of Lights and Shapes) |
Special provisions regarding vessels in which it is impracticable or unnecessary to install or exhibit the lights or shapes prescribed in Section 4 of this Chapter in light of the structure of the vessels or the nature of their navigation may be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 31, 2018>
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 97-2 (Maritime Safety Charter) |
| (1) | In order to raise citizens' awareness of maritime safety and prevent marine accidents, the Minister of Oceans and Fisheries may establish and publicly announce a maritime safety charter that provides for matters concerning maritime safety and rules with which persons engaged in any business related to maritime safety, such as maritime safety control, shall comply. |
| (2) | Each administrative agency, etc. involved in maritime safety shall post the maritime safety charter under paragraph (1) on related facilities, ships, etc., broadly inform interested parties of the details of the maritime safety charter, and shall take measures necessary for putting it to practice. |
[This Article Newly Inserted on May 14, 2014]
| Article 97-3 (Maritime Safety Day) |
In order to raise citizens' awareness of maritime safety, the Minister of Oceans and Fisheries may designate a day as Maritime Safety Day and may hold events necessary therefor, as prescribed by Presidential Decree.
[This Article Newly Inserted on May 14, 2014]
Where the Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard intends to make any of the following dispositions, he or she shall hold hearings: <Amended on Mar. 23, 2013; May 14, 2014; Nov. 19, 2014; Jul. 26, 2017; Apr. 17, 2018>
| 1. | Revocation of permission for works or operations specified in Article 13 (3); |
| 2. | Revocation of the registration of a safety examination agent specified in Article 23 (1); |
| 3. | Revocation of the designation of a recognized organization specified in Article 48 (6); |
| 4. | Revocation of the registration of a safety management agency specified in Article 54 (1); |
| 5. | Revocation of the designation of an exemplary business operator in maritime safety or suspension of the validity of designation specified in Article 57-2 (4). |
| Article 99 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Oceans and Fisheries or the Commissioner of the Korea Coast Guard may partially delegate his or her authority bestowed under this Act to the head of an agency affiliated to the Ministry or the head of a local government, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of Oceans and Fisheries may partially entrust his or her authority bestowed under this Act to the Commissioner of the Korea Coast Guard or the head of any of the agencies affiliated to the Korea Coast Guard, as prescribed by Presidential Decree. <Newly Inserted on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Minister of Oceans and Fisheries may partially entrust affairs assigned to him or her under this Act, such as international cooperation in maritime safety specified in Article 4 (3), to specialized institutions determined and publicly announced by the Minister of Oceans and Fisheries, from among institutions specializing in maritime safety, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| Article 100 (Confidentiality) |
A person who is or was involved in any of the following business affairs shall not divulge confidential information acquired in the scope of his or her duty or use such information for any purpose other than his or her duty: Provided, That the same shall not apply where the Minister of Oceans and Fisheries determines that it is necessary to divulge or use such information for maritime safety: <Amended on Mar. 23, 2013; Jul. 26, 2017>
| 2. | Business affairs entrusted to a specialized institution under Article 99 (3). |
| Article 101 (Special Provisions regarding Application of Administrative Vicarious Execution) |
| (1) | Where the Minister of Oceans and Fisheries determines that it is urgently required to promptly enforce an order to indicate and remove an obstruction to navigation under Article 26 (2) or 28 (2) but it is impracticable to achieve the objective thereof, if he or she follows the procedure prescribed in Article 3 (1) and (2) of the Administrative Vicarious Execution Act, he or she may take necessary measures without following the procedure. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for the custody and disposal of vessels, etc. removed by administrative vicarious execution under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 102 (Persons Deemed Public Officials in Application of Penalty Provisions) |
Executives and employees of agencies vicariously executing affairs assigned to Minister of Oceans and Fisheries pursuant to Article 48 (1) and executives and employees of a specialized institution engaged in business affairs entrusted pursuant to Article 99 (3) shall be deemed public officials for the purpose of applying any provision of Articles 129 through 132 of the Criminal Act to them. <Amended on Mar. 23, 2013; Jul. 26, 2017>
CHAPTER VIII PENALTY PROVISIONS
| Article 103 (Penalty Provisions) |
Any person who breaches an order issued under Article 18 (4) to suspend business operation shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
| Article 104 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Jul. 26, 2017>
| 1. | Deleted; <Feb. 18, 2020> |
| 2. | Deleted; <Feb. 18, 2020> |
| 3. | An operator who operates, or instructs the operation of, the steering gear of a vessel defined in subparagraph 1 of Article 2 of the Ship Personnel Act or conducts pilotage for such vessel, while in a state where he or she is unlikely to be able to operate, or instruct the operation of, the steering gear of the vessel or to conduct pilotage for such vessel in a normal condition due to influence of a drug or hallucinant, in violation of Article 41-2; |
| 4. | A person who divulges confidential information obtained in the course of performing his or her duties or uses such information for any purpose other than his or her duties, in violation of Article 100. |
[This Article Wholly Amended on Jun. 22, 2015]
| Article 104-2 (Penalty Provisions) |
| (1) | A pilot who operates, or instructs the operation of, the steering gear of a vessel defined in subparagraph 1 of Article 2 of the Ship Personnel Act (including non-Korean vessels falling under any item of the same subparagraph) or a person who conducts pilotage, while under the influence of alcohol, in violation of Article 41 (1) shall be punished by the following: |
| 1. | A person whose blood alcohol content is not less than 0.2 percent shall be punished by imprisonment with labor for not less than 2 years but not more than 5 years or by a fine not less than 20 million won but not exceeding 30 million won; |
| 2. | A person whose blood alcohol content is not less than 0.08 percent but less than 0.2 percent shall be punished by imprisonment with labor for not less than 1 year but not more than 2 years or a by fine not less than 10 million won but not exceeding 20 million won; |
| 3. | A person whose blood alcohol content is not less than 0.03 percent but less than 0.08 percent shall be punished by imprisonment with labor for not more than 1 year or a by fine not exceeding 10 million won. |
| (2) | A pilot who operates, or instructs the operation of, the steering gear of a vessel defined in subparagraph 1 of Article 2 of the Ship Personnel Act (including non-Korean vessels falling under the aforementioned subparagraph) or a person who conducts pilotage, while under the influence of alcohol, in violation of Article 41 (1) shall be punished by imprisonment with labor for not less than 2 years but not more than 5 years or by a fine not less than 20 million won but not exceeding 30 million won. |
| (3) | An operator who operates, or instructs the operation of, the steering gear of a vessel defined in subparagraph 1 of Article 2 of the Ship Personnel Act (including non-Korean vessels falling under the aforementioned subparagraph) or a person who conducts pilotage without complying with a request by a police officer of the Korea Coast Guard to undergo an examination, in violation of Article 41 (2) shall be punished by the following: |
| 1. | A person who fails to comply with a request for measurement once shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won; |
| 2. | A person who fails to comply with a request for measurement twice or more shall be punished by imprisonment with labor for not less than 2 years but not more than 5 years or by a fine not less than 20 million won but not exceeding 30 million won. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 105 Deleted. <Jun. 22, 2015> |
| Article 106 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jun. 22, 2015; Apr. 17, 2018; Aug. 27, 2019>
| 1. | A person who enters sheltered waters without permission, in violation of Article 8 (2); |
| 2. | A person who breaches a condition attached to permission granted under Article 8 (3); |
| 2-2. | A person who violates an order issued under subparagraph 1 or 3 of Article 11; |
| 3. | A person who sets up a fishing net or other fishing gear affecting the navigation of vessels or engages in sea farming in a specific sea area for traffic safety, in violation of Article 12 (2); |
| 4. | A person who performs works or operations in a specific sea area for traffic safety without permission under Article 13 (1); |
| 5. | A person who passes through a sea area subject to prohibition of passage of oil tankers, in violation of Article 14 (1); |
| 5-2. | A person who conducts a sea trial for a vessel of at least 100 meters in length in a sea trial prohibition waterway, in violation of Article 14-2 (1); |
| 6. | A person who implements a project without conducting the marine traffic safety examination under Article 15 (1) or implements a project before such marine traffic safety examination is completed; |
| 7. | A person who makes a misrepresentation in a safety examination report drawn up and submitted pursuant to Article 15 (2); |
| 8. | A person who acts as a marine traffic safety examination agent without being registered as a safety examination agent under Article 19 (2); |
| 9. | A person who acts as a marine traffic safety examination agent after his or her registration is revoked or he or she is ordered to suspend business operation under Article 23 (1) (excluding where a person vicariously conducts a marine traffic safety examination pursuant to Article 24); |
| 10. | A person who breaches an order issued under Article 34 (2) to move or salve an abandoned vessel or to remove a fishing net or other fishing gear; |
| 12. | A person who breaches an order issued under Article 40 (1) to halt or sail back; |
| 13. | A person who uses a vessel for navigation without obtaining verification (including where a safety management certificate or document of compliance is invalidated under Article 49 (6) or (7)), in violation of the main sentence of Article 47 (2); |
| 14. | A person who obtains a safety management certificate, document of compliance, interim safety management certificate, or interim document of compliance under Article 49 (1) or (2) by fraud or other improper means; |
| 15. | A person who acts as a safety management agency without registration, in violation of Article 51 (1); |
| 16. | A person who breaches any improvement order issued under Article 59 (1); |
| 17. | The shipmaster or shipowner of a ship that engages in marine passenger transportation services defined in subparagraph 2 of Article 2 of the Marine Transportation Act, who fails to make a report specified in Article 43 (1), neglects such report, or makes a false statement in such report; |
| Article 107 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Jun. 22, 2015; Apr. 17, 2018>
| 1. | A person who breaches any order issued under subparagraph 2 or 4 through 6 of Article 11; |
| 2. | A person who fails to remove a structure or reinstate an area, in violation of Article 13 (4); |
| 2-2. | Deleted; <Dec. 3, 2019> |
| 2-3. | An operator who, under the influence of alcohol, operates, or instructs the operation of, the steering gear of a vessel of less than five gross tonnage (limited to Korean vessels) not falling under the proviso of subparagraph 1 (a) of Article 2 of the Ship Personnel Act, in violation of Article 41 (1); |
| 2-4. | An operator who refuses an examination conducted by a police official of the Korea Coast Guard and who operates, or instructs the operation of, the steering gear of a vessel of less than five gross tonnage (limited to Korean vessels) not falling under the proviso of subparagraph 1 (a) of Article 2 of the Ship Personnel Act, in violation of Article 41 (2); |
| 3. | The shipmaster or shipowner of any ship, other than those referred to in subparagraph 18 of Article 106, who breaches any order issued under Article 43 (3) or (4). |
| Article 108 (Penalty Provisions) |
Any person who breaches an order issued under Article 38 (1) shall be punished by a fine not exceeding three million won.
| Article 109 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee, or servant of a corporation or individual commits an offense in violation of any provision of Articles 103 through 108 in connection with the business of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual also shall be punished by the fine prescribed in the relevant Article: Provided, That the same shall not apply where the corporation or individual has not neglected due care and supervision over the business to prevent such offense.
| Article 110 (Administrative Fines) |
| (1) | Any person who discloses, divulges, alters, or destroys vessel position information, in violation of Article 37, shall be subject to an administrative fine not exceeding 20 million won. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Jun. 22, 2015; Dec. 31, 2018> |
| 1. | A person who breaches an order issued under Article 18 (3); |
| 2. | A person who refuses to make an appearance or a statement in accordance with Article 58 (1) or refuses, obstructs, or evades an inspection, verification, investigation, or examination; |
| 3. | A person who fails to submit a document or report in accordance with Article 58 (1) or who makes a false statement in such report or document; |
| 4. | A person who violates any provisions regarding navigation prescribed in Articles 63 through 66, 71 through 73, and 77. |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Jan. 17, 2012; Mar. 24, 2014; May 14, 2014; Nov. 19, 2014; Jun. 22, 2015; Jul. 26, 2017; Apr. 17, 2018; Dec. 31, 2018> |
| 1. | A person who violates the fairway designation scheme under Article 10 (2); |
| 3. | A person who violates a rule with which oil tankers shall comply under the latter part of Article 14 (3) 4; |
| 4. | A person who fails to file a report on the succession to rights and obligations by transfer or merger, in violation of Article 21 (2) (including cases to which the aforementioned provisions shall apply pursuant to Article 53 (1)); |
| 5. | A person who fails to file a report on temporary or permanent closure of business, in violation of Article 22 (including cases to which the aforesaid provisions shall apply pursuant to Article 53 (2)); |
| 6. | A person who fails to give notice in compliance with Article 24 (3); |
| 7. | A person who fails to file a report in compliance with Article 25 (1); |
| 8. | A person who fails to put a mark or take measures in compliance with Article 26 (1); |
| 9. | A person who breaches an order issued under Article 26 (2) to put a mark or to take measures; |
| 10. | A person who breaches an order issued under Article 28 (2) for removal; |
| 11. | A person who violates a public notice given under Article 31 (1); |
| 12. | A person who violates any subparagraph of Article 34 (1); |
| 13. | A person who conducts an activity, such as skin diving or scuba diving, without permission, in violation of Article 34 (3), or who breaches a condition attached to such permission; |
| 14. | A person who breaches an order issued under Article 34 (4) for rectification; |
| 15. | Deleted; <Dec. 3, 2019> |
| 15-2. | Deleted; <Dec. 3, 2019> |
| 15-3. | Deleted; <Dec. 3, 2019> |
| 15-4. | Deleted; <Apr. 17, 2018> |
| 15-5. | Deleted; <Apr. 17, 2018> |
| 15-6. | A person who fails to comply with any order issued or a measure taken under Article 41-3; |
| 16. | Deleted; <Jun. 22, 2015> |
| 17. | A person who fails to give notice in compliance with the latter part of Article 46 (3); |
| 18. | A person who fails to employ a designated person or safety management personnel in compliance with Article 46 (5); |
| 19. | A person who fails to keep a certificate that shall be kept in compliance with Article 49 (3); |
| 20. | Deleted; <Jun. 22, 2015> |
| 21. | Deleted; <Jun. 22, 2015> |
| 22. | A person who violates any provisions regarding navigation prescribed in Articles 67, 68, 70, 74 through 76, and 96; |
| 23. | A person who violates any provisions regarding the installation and exhibition of lights and shapes prescribed in Articles 78, 81 through 85, and 87 through 89; |
| 24. | A person who violates a rule that requires him or her to provide the equipment for making sound signals, light signals, etc. ready for use, under Articles 91 through 95 and the provisions regarding the use of such signals; |
| 25. | The shipmaster or shipowner of any ship, other than those referred to in subparagraph 17 of Article 106, who fails to make a report in accordance with Article 43 (1), neglects such report, or makes a false statement in such report. |
| (4) | Any person who obstructs or intervenes in a shipmaster's expert judgment, in violation of Article 45, shall be subject to an administrative fine not exceeding two million won. |
| (5) | Administrative fines provided for in paragraphs (1) through (4) shall be imposed and collected by the Minister of Oceans and Fisheries, the Commissioner of the Korea Coast Guard, the Head of the relevant Regional Office of Oceans and Fisheries, or the chief of the relevant coast guard station, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jun. 22, 2015; Jul. 26, 2017> |
ADDENDA <Act No. 10801, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 (General Transitional Measures)
The decisions, dispositions, proceedings, and other acts made or done under the previous Sea Traffic Safety Act as at the time this Act enters into force shall be deemed to have been done under this Act. Article 3 (Transitional Measures concerning Application of Penalty Provisions)
A violation committed before this Act enters into force shall be governed by previous provisions in applying penalty provisions to such violation and imposing a fine for negligence therefor.
Article 4 (Transitional Measures concerning Additional Verification)
A vessel or company that successfully passed an additional verification under the previous Sea Traffic Safety Act as at the time this Act enters into force shall be deemed to have passed an interim verification under this Act. Article 5 (Transitional Measures concerning Recognized Organization)
An institution designated as a recognized organization under the previous Sea Traffic Safety Act before this Act enters into force shall be deemed a recognized organization designated under this Act. Article 6 (Transitional Measures concerning Issuance of Safety Management Certificates)
A vessel and its company that hold a safety management certificate and a document of compliance issued under the previous Sea Traffic Safety Act before this Act enters into force shall be deemed to hold such certificates issued under this Act. Article 7 (Transitional Measures concerning Safety Management Agencies and Safety Examination Agencies)
A person registered as a safety management agency or a safety examination agency under the previous Sea Traffic Safety Act as at the time this Act enters into force shall be deemed registered as a safety management agency or a safety examination agency under this Act. Article 8 Omitted.
Article 9 (Relationship to Other Statutes or Regulations)
A citation of the previous Sea Traffic Safety Act or any provision thereof in any other statutes or regulations as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision of this Act, if any, in lieu of the previous Sea Traffic Safety Act or the provision thereof.
ADDENDUM <Act No. 11197, Jan. 17, 2012>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 41 (1) and 110 (3) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 12221, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 11 and 92 (1) 3 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Revocation of Registration of Safety Examination Agents)
Notwithstanding the amended provisions of Article 23, the previous provisions shall apply to the revocation of registration of a safety examination agent on the ground of a violation committed before this Act enters into force.
ADDENDA <Act No. 12489, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Persons Declared Incompetent)
Persons under adult guardianship, persons under limited guardianship, and minors defined in the amended provisions of subparagraph 1 of Article 20 (including the cases to which the said provisions shall apply mutatis mutandis pursuant to Article 21 (3)) shall be deemed to include persons upon whom the declaration of incompetence or quasi-incompetence remains effective under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429).
ADDENDA <Act No. 12538, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12581, May 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Scope of Projects Subject to Safety Examinations)
Notwithstanding the amended provisions of subparagraph 16 of Article 2 and Articles 15, 18 (5), and 18-2, the previous provisions shall apply to projects subject to safety examinations for which a safety examination report has been submitted under Article 15 (2) before this Act enters into force (including the projects for which the head of a State organ or the head of a local government has submitted a safety examination report). Article 3 (Transitional Measures concerning Guidance and Supervision over Ships or Companies)
Notwithstanding the amended provisions of Article 58, the previous provisions shall apply to the guidance and supervision over a ship or a company concerning which notice has been given with regard to inspection, verification, or examination under the previous provisions of Article 58 (2) before this Act enters into force.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of an Act, promulgated before this Act enters into force, but the date they are to enter into force, has not yet arrived, among the Acts amended under Article 6 of the Addenda, shall enter into force on the date the relevant Act enters into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13002, Jan. 6, 2015>
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.
ADDENDA <Act No. 13186, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 13386, Jun. 22, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not arrived yet, among the Acts amended by Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15009, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 15606, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 21 (3) and (4) and 53 (1) shall enter into force one month after the date of its promulgation. Article 2 (Applicability to Report on Succession to Rights and Obligations by Safety Examination Agents)
The amended provisions of Articles 21 (3) and (4) and 53 (1) shall begin to apply to a case where a report on succession to rights and obligations following registration of a safety examination agent or safety management agency is filed after the enforcement date prescribed in the proviso of Article 1 of the Addenda. Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and provisions regarding administrative fines to a violation committed before this Act enters into force shall be governed by the previous provisions.
ADDENDUM <Act No. 16162, Dec. 31, 2018>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 46 (4) and 97 shall enter into force on the date of its promulgation.
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.
ADDENDA <Act No. 16700, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 17056, Feb. 18, 2020>
This Act shall enter into force three months after the date of its promulgation.