ENFORCEMENT DECREE OF THE ACT ON THE ARRIVAL AND DEPARTURE OF SHIPS
Presidential Decree No. 26473, Aug. 3, 2015
Amended by Presidential Decree No. 27442, Aug. 9, 2016
Presidential Decree No. 28172, jun. 30, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28846, Apr. 30, 2018
Presidential Decree No. 28877, May 8, 2018
Presidential Decree No. 29968, Jul. 9, 2019
Presidential Decree No. 30648, Apr. 28, 2020
Presidential Decree No. 30752, jun. 2, 2020
Presidential Decree No. 30877, Jul. 28, 2020
Presidential Decree No. 30993, Sep. 8, 2020
The purpose of this Decree is to prescribe matters mandated by the Act on the Arrival and Departure of Ships and others necessary for the enforcement thereof.
| Article 2 (Report on Arrival and Departure) |
Reports on arrivals and departures prescribed in Article 4 (1) of the Act on the Arrival and Departure of Ships (hereinafter referred to as the “Act”) shall be classified as follows: Provided, That reports on arrivals and departures of domestic line fishing vessels (referring to fishing vessels defined in subparagraph 1 of Article 2 of the Fishing Vessels Act navigating among domestic ports only) shall be filed as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Apr. 28, 2020; Sep. 8, 2020> | 1. | Where a domestic line vessel (referring to ships navigating domestic waters only) arrives in and departs from the water zone, etc. of a trade port, a report on arrival and departure of the domestic line vessel before the arrival at and departure from the port, respectively, shall be submitted to the management authority, as prescribed by Ordinance of Oceans and Fisheries; |
| 2. | Where an ocean-going vessel (referring to ships navigating between domestic ports and foreign ports) arrives in and departs from the water zone, etc. of a trade port, a report on arrival and departure of the ocean-going vessel before the arrival at and departure from the port, respectively, shall be submited to the management authority, as prescribed by Ordinance of Oceans and Fisheries; |
| 3. | Where a ship which departed from a trade port returns to the same port within 12 hours after such departure due to evacuation, repair, or other grounds, such fact shall be submitted, in writing or by electronic means, to the management authority; |
| 4. | Where a ship arrives in or departs from the water zone, etc. of a trade port to avoid marine accidents or due to other unavoidable reasons, such fact shall be submitted, in writing or by electronic means, to the management authority. |
| Article 3 (Ships Subject to Permission for Arrival and Departure) |
A captain of any of the following ships shall obtain permission for arrival and departure from the management authority pursuant to Article 4 (3) of the Act: <Amended on Aug. 9, 2016; Jun. 30, 2017; Jul. 9, 2019; Sep. 8, 2020> | 1. | A foreign registered ship which departs from a trade port and whose next port of call is scheduled for North Korea; |
| 2. | A foreign registered ship which arrives at a trade port for the first time within one year after it calls at a port of North Korea; |
| 2-2. | A ship on international voyage, one of the seafarers of which is a foreign seafarer who commits an act under Article 33 (1) 3 of the International Ship and Port Facility Security Act (referring to a ship on international voyage defined in subparagraph 1 of Article 2 of that Act) and for which the Minister of Oceans and Fisheries deems that special management is required for arrival at and departure from a trade port to ensure national security; |
| 3. | A ship for which the head of the relevant central administrative agency or the head of a national security agency prescribed in subparagraph 9 of Article 2 of the International Ship and Port Facility Security Act (hereinafter referred to as “head of a national security agency”) deems that special management is required for arrival at and departure from a trade port in cases of wars, armed conflicts, or national emergencies equivalent thereto or where it is necessary for national security. |
| Article 4 (Application for Permission for Arrival and Departure) |
The captain of a ship who intends to obtain permission for arrival and departure pursuant to Article 4 (3) of the Act shall submit an application for permission for arrival and departure to the management authority before arrival at or departure from a port, along with the following documents, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Jul. 9, 2019; Sep. 8, 2020>
| Article 5 (Procedures for Permission for Arrival and Departure) |
| (1) | Where the management authority intends to grant permission for arrival and departure pursuant to Article 4 (3) of the Act, it shall consult in advance with the head of a national security agency and the head of the relevant Immigration Office. <Amended on Jul. 9, 2019; Sep. 8, 2020> |
| (2) | Where it is necessary for the verification of the details of an application for permission for arrival and departure of a ship filed pursuant to Article 4, the management authority may have the relevant public officials embark on the relevant ship and verify the facts regarding navigation, in cooperation with the head of the relevant national security agency: Provided, That this shall not apply to any ship navigating between South Korea and North Korea after obtaining approval from the Minister of Unification pursuant to Article 20 (1) of the Inter-Korean Exchange and Cooperation Act. <Amended on Sep. 8, 2020> |
| Article 6 (Designation of Anchorages) |
| (1) | A ship which intends to anchor in an anchoring zone designated and publicly notified by the management authority under Article 5 (1) of the Act shall anchor after being assigned to a designated anchorage as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Sep. 8, 2020> |
| (2) | Where the management authority cannot designate an anchorage for a ship under paragraph (1) in the anchoring zone designated and publicly notified pursuant to Article 5 (1) of the Act, it may designate a certain place outside the anchoring zone as an anchorage. <Amended on Sep. 8, 2020> |
| Article 7 (Scope of Related Corporations and Related Persons) |
| 1. | A corporation, at least 30/100 of the total number of issued stocks (including investment; hereinafter the same shall apply) of which is owned separately or in combination by a person falling under any of Article 25 (1) 1 through 3 of the Act or a related person prescribed in subparagraph 4 of that paragraph (hereinafter referred to as “related person”); |
| 2. | A corporation, at least 30/100 of the total number of issued stocks of which is owned separately or in combination by a corporation prescribed in subparagraph 1 and its related persons; |
| 3. | A corporation, at least 30/100 of the total number of issued stocks of which is owned separately or in combination by a corporation prescribed in subparagraph 1 and its related persons, and a corporation prescribed in subparagraph 2; |
| 4. | A corporation deemed to exercise influence over the management of the relevant corporation by the appointment and dismissal of executive officers, provisional registration, registration of the establishment of the right to open-end mortgage, etc. |
| (2) | A related person shall be any of the following persons: |
| 1. | Persons who own at least 30/100 of the total number of issued stocks of the relevant corporation; |
| 2. | The president, directors, partners with unlimited liability who conduct business, and auditors of the relevant corporation; |
| 4. | Employees (in cases of an individual, referring to commercial employees, employees under an employment contract, and persons who maintain their own livelihood based on such individual’s money or property) of persons falling under subparagraphs 1 and 2. |
| Article 7-2 (Supply and Demand Control for Tugboats) |
| (1) | The Minister of Oceans and Fisheries shall formulate a tugboat supply and demand plan under Article 25-2 (1) of the Act (hereinafter referred to as “tugboat supply and demand plan”) every three years. In such cases, he or she shall hear the opinions of the central tugboat operation council under Article 11 (1). |
| 1. | The current status of the age of tugboats by port and by horse power; |
| 2. | The current status of waiting places for tugboats within ports. |
| (3) | The Minister of Oceans and Fisheries may modify the tugboat supply and demand plan if the supply or demand conditions of tugboats are expected to change due to the occurrence of a disaster, a radical change in the number of ships arriving at or departing from ports, etc. In such cases, he or she shall hear the opinions of the central tugboat operation council under Article 11 (1). |
| (4) | The period for limitation on the registration or registration of modification of tugboat business under Article 25-2 (3) of the Act shall not exceed two years: Provided, That if necessary to control the supply of and demand for tugboats, such period may be extended on a yearly basis, considering the opinions of the central tugboat operation council under Article 11 (1). |
| (5) | Where the management authority intends to put limitation on the registration or registration of modification of tugboat business under Article 25-2 (3) of the Act, it shall publicly announce such fact in the Official Gazette, public gazette, website, etc. and notify it to the Administrator of a Regional Office of Oceans and Fisheries, and other management authorities. The same shall also apply where the period for the registration or registration of modification of tugboat business expires or it is intended to lift such limitation. <Amended on Sep. 8, 2020> |
| (6) | Where limitation on the registration or registration of modification of tugboat business is put pursuant to Article 25-2 (3) of the Act, the existing tugboats may be replaced according to the following classification: <Amended on Sep. 8, 2020> |
| 1. | Where a person who has filed for registration of tugboat business pursuant to Article 24 (1) of the Act (hereinafter referred to as “tugboat business operator”) closes his or her business: Tugboats shall be selected and replaced within the limit of the towing power (referring to the towing power under Article 24 (2) 1 of the Act; hereinafter the same shall apply) of tugboats reduced due to business closure, through the procedures for public subscription conducted by the management authority; |
| 2. | Where a tugboat business operator has filed for registration of modification to replace the existing self-owned tugboats (including bareboat charters of one’s own name or lease tugboats agreed to be one’s own) due to their deterioration: The registration of modification of tugboat business shall be permitted to the extent that the towing power of tugboats replaced does not exceed 120/100 of the towing power of the existing tugboats. |
[This Article Newly Inserted on May 8, 2018]
| Article 7-3 (Methods for Evaluation of Services of Tugboat Business Operators) |
| (1) | Where the Minister of Oceans and Fisheries evaluates safety in the operation of tugboats and satisfaction of users (hereinafter referred to as “evaluation of services”) for a tugboat business operator pursuant to Article 25-3 (1) of the Act, he or she may require a private evaluation institute to perform such affairs on his or her behalf for efficient evaluation. In such cases, he or she may subsidize the evaluation institute for all or part of expenses incurred in performing such affairs within budgetary limits. |
| (2) | Evaluation of services shall be conducted through a survey on tugboat users and the hearing of opinions from the field and may reflect objective statistical indicators, such as the performance records of tugboat business. |
[This Article Newly Inserted on May 8, 2018]
| Article 7-4 (Measures Following Evaluation of Services) |
| (1) | The management authority may grant awards to tugboat business operators who obtain outstanding results in the evaluation of services pursuant to Article 25-3 (2) of the Act and may give additional points to those making the public subscription under Article 7-2 (6) 1. <Amended on Sep. 8, 2020> |
| (2) | Pursuant to Article 25-3 (3) of the Act, the management authority may give any of the following disadvantages to tugboat business operators who obtain poor results in the evaluation of services: <Amended on Sep. 8, 2020> |
| 1. | Rejection of an application for registration of modification of tugboat business under the latter part of Article 24 (1) of the Act, which is filed to increase the number of tugboats; |
| 2. | Deduction of points in making the public subscription under Article 7-2 (6) 1. |
[This Article Newly Inserted on May 8, 2018]
| Article 7-5 (Publication of Results of Evaluation of Services) |
Pursuant to Article 25-3 (5) of the Act, the Minister of Oceans and Fisheries may publish the results of evaluation of services, including the following matters, in the Official Gazette, daily newspapers, website, etc.: | 1. | Methods of evaluation by evaluation item and results thereof; |
| 2. | Evaluation rankings by each tugboat business operator; |
| 3. | The level of service quality improved by each tugboat business operator. |
[This Article Newly Inserted on May 8, 2018]
| Article 8 (Violations for Which Penalty Surcharges Are Imposed and Amount of Penalty Surcharges) |
The amount of penalty surcharge determined according to the type and degree of a violation for which a penalty surcharge is imposed pursuant to Article 27 (1) of the Act shall be as specified in attached Table 1.
| Article 9 (Imposition and Payment of Penalty Surcharges) |
| (1) | Where the management authority imposes a penalty surcharge pursuant to Article 27 (1) of the Act, he or she shall notify a person subject to penalty surcharge of paying the penalty surcharge, clarifying the details of a violation and the amount of the relevant penalty surcharge in writing. <Amended on Sep. 8, 2020> |
| (2) | A person notified pursuant to paragraph (1) shall pay the penalty surcharge to the collecting agency designated by the management authority within 20 days after the date of notification: Provided, That where the person is unable to pay the penalty surcharge within such period due to a natural disaster or any other unavoidable cause, he or she shall pay it within seven days after such cause ceases to exist. <Amended on Sep. 8, 2020> |
| (3) | The collecting agency upon receipt of the penalty surcharge pursuant to paragraph (2) shall issue a receipt and notify without delay the management authority that it has received the penalty surcharge. <Amended on Sep. 8, 2020> |
| (4) | Penalty surcharge payment shall not be made in installments. |
| Article 10 (Urge for Payment and Collection of Penalty Surcharges) |
| (1) | Where a person who was notified to pay a penalty surcharge pursuant to Article 9 (1) fails to pay it within the payment period, the management authority shall issue a reminder within seven days from the date the payment period expires. In such cases, the payment period shall be within 10 days after the date of issuance of the reminder. <Amended on Sep. 8, 2020> |
| (2) | Where a person urged to pay the penalty surcharge under paragraph (1) fails to pay the penalty surcharge within the payment period, the management authority may require his or her public officials to coercively collect the penalty surcharge in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Non-Tax Revenue. In such cases, such public officials shall carry an identification indicating his or her authority and present it to interested persons. <Amended on Sep. 8, 2020> |
| Article 11 (Organization and Operation of Tugboat Operation Council) |
| (1) | A tugboat operation council prescribed in Article 30 (1) of the Act (hereinafter referred to as “council”) may be organized and operated by being separated into the central tugboat operation council and local tugboat operation councils which are established in each trade port. |
| (2) | The central tugboat operation council prescribed in paragraph (1) (hereinafter referred to as “central council”) shall be comprised of nine members, including one chairperson and one vice-chairperson, and the members shall be appointed by the Minister of Oceans and Fisheries from among the following persons: |
| 1. | Three persons representing tugboat users (two persons recommended by shipowners’ organizations and one person recommended by shippers’ organizations); |
| 2. | Three persons representing tugboat business operators recommended by tugboat operators’ organizations; |
| 3. | Three marine and port experts recommended following consultation among persons representing tugboat users and those representing tugboat business operators. In such cases, three marine and port experts shall include at least one pilot recommended by pilots’ organizations. |
| (3) | A local tugboat operation council prescribed in paragraph (1) (hereinafter referred to as “local council”) shall be comprised of an odd number of members not exceeding nine, including one chairperson and one vice-chairperson, and the members shall be commissioned by the management authority according to the following standards: <Amended on Sep. 8, 2020> |
| 1. | Three marine and port experts recommended following consultation among persons representing tugboat users and those representing tugboat business operators. In such cases, at least one pilot belonging to the relevant trade port shall be included in three marine and port experts; |
| 2. | The number of members representing tugboat users and the number of members representing tugboat business operators shall be the same. |
| (4) | The chairperson and vice-chairperson of a council shall be elected from among and by its members. |
| (5) | The chairperson of a council shall represent the council and have general supervision and control of its affairs. |
| (6) | The vice-chairperson of a council shall assist the chairperson, and where the chairperson is unable to perform the duties due to any unavoidable cause, the vice-chairperson shall act on behalf of the chairperson. |
| Article 12 (Functions of Council) |
| (1) | The central council shall hold consultation on the following matters: <Amended on May 8, 2018> |
| 1. | Calculation and determination of fees for using tugboats; |
| 1-2. | Supply and demand control for tugboats; |
| 1-3. | Methods of evaluation of services, and standards for tugboat business operators to be granted outstanding or poor results in the evaluation of services; |
| 2. | Enactment and amendment of the operating rules of the central council; |
| 3. | Guidance, supervision, and support for a local council; |
| 4. | Other matters necessary for the operation of tugboats. |
| (2) | A local council shall hold consultation on the following matters: <Amended on Apr. 30, 2018; May 8, 2018> |
| 1. | The method for using tugboats; |
| 2. | Enactment and amendment of the operating rules of the local council; |
| 3. | The procedures for using tugboats; |
| 4. | Establishment of the standards for the use of tugboats; |
| 6. | Other matters necessary for the operation of tugboats in each relevant port. |
| Article 13 (Meetings of Council) |
| (1) | The chairperson shall convene meetings of a council where the chairperson deems it necessary or at the request of a majority of incumbent members. |
| (2) | A majority of the members of the council shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | The operating rules of the council shall include the following: |
| 1. | Matters regarding the methods for election, terms of office, and dismissal of the council members; |
| 2. | Matters necessary for consultation prescribed in Article 12. |
| Article 14 (Formulation and Approval of Safety Management Plans) |
| (1) | A safety management plan prescribed in the former part of Article 34 (1) of the Act (hereinafter referred to as “safety management plan”) shall include the following: <Amended on Sep. 8, 2020> |
| 1. | Matters regarding the policies for the safety of a chief executive officer and environmental protection; |
| 2. | Matters regarding the operation and business affairs of an organization exclusively in charge of safety management in handling dangerous substances; |
| 3. | Matters regarding the appointment and duty of dangerous substance safety managers; |
| 4. | Matters regarding the details of facilities for loading and unloading dangerous substances (including tank vessels), such as the name, specification, and number; |
| 5. | Matters regarding the safety education and training for a person handling dangerous substances; |
| 6. | Matters regarding safety facilities, such as fire-fighting facilities, safety equipment, and pollution prevention equipment; |
| 7. | Matters regarding the work standards for handling dangerous substances and know-how to maintain workplace safety; |
| 8. | Matters regarding safety inspection plans for wharfs and vessels and conducting safety inspections thereof; |
| 9. | Matters regarding the details of comprehensive emergency response training and methods for implementation thereof; |
| 10. | Matters regarding the command system and emergency measures plan in cases of emergency; |
| 11. | Matters regarding the reporting system and handling methods upon finding unsafe elements; |
| 12. | Other matters deemed necessary for the safety of handling dangerous substances and publicly notified by the management authority. |
| (2) | The effective period of a safety management plan shall be for five years from the date the safety management plan or the modification thereof was approved. |
| (3) | A person who obtained approval of a safety management plan pursuant to Article 34 (1) of the Act may file an application for a renewal of the safety management plan no later than three months to one month before the expiration date of the effective period of the safety management plan. |
| (4) | “Matters prescribed by Presidential Decree” in the latter part of Article 34 (1) of the Act means the matters prescribed in paragraph (1) 1 through 4, 6, 8, and 10. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the procedures for approving a safety management plan, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 15 (Measures for Preventing Objects Easily Scattered From Falling) |
A person who loads or unloads any object which is easily scattered pursuant to Article 38 (2) of the Act shall use a cover or install facilities to prevent objects from falling and shall install facilities to prevent objects that fell on the water surface from floating around or being scattered.
| Article 16 (Removal of Obstacles) |
| (1) | Where the management authority intends to dispose of an object which obstructs, or is likely to obstruct the navigation of ships in the water zone, etc. of a trade port or in a place adjacent to the water zone of a trade port (hereinafter referred to as “obstacle”) pursuant to Article 40 (4) of the Act, it shall dispose of it through public auction: Provided, That where it is concerned that the price of the object is less than expenses incurred in sale at public auction, he or she may dispose of it using a method other than public auction. <Amended on Sep. 8, 2020> |
| (2) | Where the management authority intends to offer the object for sale at public auction pursuant to the main sentence of paragraph (1), it shall publicly announce the following matters. In such cases, such public announcement shall be placed on its bulletin board and website for at least seven days, and if necessary, it may be published in the Official Gazette, the public gazette, or a general daily newspaper having national circulation registered under Article 9 (1) of the Act on the Promotion of Newspapers, Etc.: <Amended on Sep. 8, 2020> |
| 1. | The name and details of an object to be offered for public auction; |
| 2. | The place of and timing for the public auction; |
| 3. | The amount of tender bid, when it is received. |
| (3) | Where any amount remains after excluding the expenses incurred in removing the relevant object and those incurred in sale at public auction, etc. from the revenues earned through the public auction prescribed in paragraph (1) and (2), the management authority shall deposit it under the Deposit Act. <Amended on Sep. 8, 2020> |
| (4) | Where the management authority retains and manages the obstacles pursuant to the former part of Article 40 (6) of the Act, it shall retain them in their original shape; and where it is difficult to ascertain the owner or possessor of the obstacles (hereafter referred to as “owner, etc.” in this Article and Article 17), it shall inform the owner, etc. of the storage place of the relevant obstacles and have the owner, etc. manage them within seven days. <Amended on Sep. 8, 2020> |
| (5) | Where the owner, etc. fail to manage the obstacles within the period prescribed in paragraph (4) or it is difficult to ascertain the owner, etc., the management authority may make a public announcement pursuant to paragraph (2) and dispose of it through public auction. In such cases, where any amount remains after excluding the expenses incurred in retaining the relevant object and those incurred in sale at public auction, etc. from the revenues earned through the public auction, it shall return it to the owner, etc., and where it is difficult to ascertain the owner, etc., it shall deposit it under the Deposit Act. <Amended on Sep. 8, 2020> |
| Article 17 (Request for Agency Service for Public Auction) |
| 1. | The address or residence of the owner, etc. of obstacles; |
| 2. | The type, quantity, quality, and location of obstacles; |
| 3. | The insurance premiums and attachment status related to obstacles; |
| 4. | Other matters necessary for agency service for the public auction of obstacles. |
| (2) | Where the management authority requests the agency service for management pursuant to paragraph (1), he or she shall notify such fact to the owner, etc. of obstacles and a person who has the right to lease on a deposit basis, pledge, mortgage, or other rights regarding such obstacles. <Amended on Sep. 8, 2020> |
| (3) | Where the management authority requests the cessation of agency service for obstacle management due to the causes, such as the payment of expenses incurred in removing, managing, etc. the obstacles by the owner, etc., the Korea Asset Management Corporation shall immediately cease to manage the obstacles on its behalf. <Amended on Sep. 8, 2020> |
| (4) | Where the Korea Asset Management Corporation fails to manage the obstacles even two years after the date of receiving a request for agency service for obstacle management, it may request the management authority to cancel such request for agency service for management of the relevant obstacles. <Amended on Sep. 8, 2020> |
| (5) | Upon receipt of request prescribed in paragraph (4), the management authority shall cancel the request for agency service for management, unless there is a compelling reason not to do so. <Amended on Sep. 8, 2020> |
| Article 18 (Scope of Permission to Engage in Construction) |
| 1. | Construction or other works which put a person or facility into water; |
| 2. | Construction or other works involving construction or reconstruction, or change or removal of facilities or artificial structures other than harbor facilities prescribed in subparagraph 5 of Article 2 of the Harbor Act; |
| 3. | Other construction or works prescribed by Ordinance of the Ministry of Oceans and Fisheries for the safety of a trade port. |
| Article 19 (Ship Regatta and Other Events) |
“Event prescribed by Presidential Decree such as a ship regatta” in Article 42 (1) of the Act means any of the following events: | 1. | A ship regatta using yachts, motor boats, etc.; |
| 2. | An activity for purifying marine environment, such as collecting marine waste; |
| 3. | A festival event, such as a marine parade; |
| 4. | A fireworks event using ships; |
| 5. | Other events which are likely to affect the safety of ship traffic. |
| Article 20 (Qualification for Public Officials in Charge of Trade Port Inspections) |
A public official who conducts an inspection or check under Article 48 (1) of the Act shall be appointed by the management authority from among any of the following public officials under its control: <Amended on Sep. 8, 2020> | 1. | Public officials of Grade VII or higher and public officials of Grades VIII and IX who have worked in a marine fisheries-related department or a patrol ship belonging to the management authority (including a marine fisheries agency) for at least two years and three years, respectively; |
| 2. | Persons with a license for mate of Grade V or higher, engineer of Grade V or higher, or ship operator of Grade IV or higher, who have served onboard a ship for at least three years; |
| 3. | Persons who have been engaged in the examination of dangerous goods in an agency for examination, etc. of dangerous goods prescribed in Article 65 (1) of the Ship Safety Act for at least three years. |
| Article 20-2 (Improvement Orders for Tugboat Business Operators) |
“Causes prescribed by Presidential Decree, such as unfairly interfering with the business of other tugboat business operators or the use of tugboats by users of other tugboats” in Article 49 (2) of the Act means any of the following: | 1. | Unfairly interfering with the business of any other tugboat business operator or the use of tugboats by users of other tugboats; |
| 2. | Concluding a contract to offer tugboats beyond the number of tugboats held by the tugboat business operator: Provided, That this shall not apply where an agreement is made with any other tugboat business operator to offer tugboats for the excess portion as at the time of concluding the contract; |
| 3. | Preparing data used as the basis for calculating fees for using tugboats by improper means. |
[This Article Newly Inserted on May 8, 2018]
| Article 21 (Affairs of Rely Network Business Operators) |
| 1. | Establishment and distribution of a system to systematically manage and utilize the information related to port logistics such as the arrival and departure of ships, and affairs using such system; |
| 2. | Education such as manufacturing and distributing educational materials regarding the use of a port operation information system prescribed in Article 50 (1) of the Act (hereinafter referred to as “port operation information system”) and a network which relays the port operation information system and users’ electronic documents (hereinafter referred to as “relay network”); |
| 3. | Public relations for the promotion of use and expansion of the port operation information system. |
| (2) | Guidance on and supervision of a network business operator who relays the port operation information system and users’ electronic documents under Article 50 (5) of the Act (hereinafter referred to as “relay network business operator”) shall be conducted as follows: |
| 1. | Reporting and verification of the status of conducting business of a relay network business operator conducting the business affairs prescribed in each subparagraph of Article 50 (3) of the Act; |
| 2. | Reporting and verification of the matters regarding the prevention of, response to, and restoration of failures of the port operation information system and the relay network; |
| 3. | Verification of compliance with the standards for designating relay network business operators prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 4. | Inspection of other matters necessary for smooth operation of the port operation information system. |
| Article 22 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Oceans and Fisheries shall delegate the following authority regarding a national trade port prescribed in Article 3 (2) 1 of the Harbor Act to the Administrator of a Regional Office of Oceans and Fisheries pursuant to Article 53 (1) of the Act: <Amended on Jul. 26, 2017; May 8, 2018; Jun. 2, 2020; Sep. 8, 2020> |
| 1. | Acceptance of reports on arrival and departure and permission for arrival and departure under Article 4 of the Act; |
| 2. | Designation and public notice of an anchoring zone or anchorage, and acceptance of reports on movement of a ship due to unavoidable reasons under Article 5 of the Act; |
| 3. | Public notice of the details regarding the limitation of anchoring or stoppage of ships in the water zone, etc. of a trade port under Article 6 (3) of the Act; and orders to change the anchoring place or method under paragraph (5) of that Article; |
| 4. | Acceptance of reports on mooring of ships, designation of a mooring place, and orders to embark the required number of seafarers to maintain safety under Article 7 of the Act; |
| 11. | Orders to use tugboats and public notice of the standards for the use of tugboats under Article 23 of the Act; |
| 13. | Cancellation of the registration of tugboat business and orders to suspend the business under Article 26 of the Act; |
| 15. | Acceptance of reports on bringing in dangerous substances, limitation of the types and amount of dangerous substances which may be brought in, or orders to take measures necessary for ensuring safety under Article 32 of the Act; |
| 16. | Designation of a place of anchoring or stopping a ship transporting dangerous substances under Article 33 of the Act; |
| 17. | Approval of a safety management plan for loading and unloading of dangerous substances, orders to modify such plan, orders to prohibit or suspend the loading or unloading, designation of a place of loading and unloading under Article 34 of the Act; |
| 18. | Orders to take safety measures for a person handling dangerous substances when handling dangerous substances under Article 35 (5) of the Act; |
| 19. | Permission to repair ships and acceptance of reports, designation of a place to anchor or moor ships to be repaired, and orders to take safety measures against ships on repair under Article 37 of the Act; |
| 22. | Orders to remove obstacles, measures such as removing obstacles, collection of expenses incurred therein, and retaining and management of obstacles under Article 40 of the Act; |
| 23. | Permission to engage in construction works, etc. and orders to take safety measures under Article 41 of the Act; |
| 24. | Permission to host ship regattas and other events and notification to the Commissioner of the Korea Coast Guard of the fact of permission under Article 42 of the Act; |
| 25. | Permission for activities in relation to floating material and orders to take safety measures under Article 43 of the Act; |
| 33. | Appointment of the members of a local council under Article 11 (3); |
| 34. | Public notice necessary for the safety of handling dangerous substances under Article 14 (1) 12. |
| (2) | Deleted. <Jun. 2, 2020> |
| Article 23 (Criteria for Imposition of Administrative Fines) |
ADDENDA <Presidential Decree No. 26473, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2015.
Article 2 (Repeal of Other Statutes and Regulations)
Article 3 (Transitional Measures concerning Criteria for Imposing Penalty Surcharges)
Notwithstanding attached Table 1, the imposition of penalty surcharges for any violation committed before this Decree enters into force shall be governed by attached Table 5 of the previous Enforcement Decree of the Harbor Act. Article 4 (Transitional Measures concerning Safety Management Plans)
| (2) | The effective period of the safety management plan prescribed in paragraph (1) shall be for two years on or after this Decree enters into force, notwithstanding Article 14 (2). |
Article 5 (Transitional Measures concerning Removal of Obstacles)
Article 6 (Transitional Measures concerning Public Officials in Charge of Inspecting Open Ports)
Article 7 Omitted.
Article 8 (Relationship to Other Statutes and Regulations)
ADDENDUM <Presidential Decree No. 27442, Aug. 9, 2016>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 28172, Jun. 30, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but enforcement dates have not yet arrived, among the Presidential Decrees amended by Article 8 of the Addenda, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28846, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28877, May 8, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29968, Jul. 9, 2019>
This Decree shall enter into force on July 16, 2019.
ADDENDUM <Presidential Decree No. 30648, Apr. 28, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30752, Jun. 2, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2020.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 30877, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 30993, Sep. 8, 2020>
This Decree shall enter into force on January 1, 2021.