CHAPTER I GENERAL PROVISIONS
The purposes of this Act are to promote scientific and advanced maritime transport management and to contribute to enhancing the safety and efficiency of maritime transport by prescribing matters to seamlessly provide intelligent maritime transport information services and facilitate the use of such services.
The terms used in this Act are defined as follows:
| (a) | Information on ship operations, such as the locations, courses, speeds, and routes of ships; |
| (b) | Information on waterways and nautical charts, such as the depth, topography, and geology of the ocean; |
| (c) | Information on vessel traffic, such as the traffic volume of ships, maritime accidents, and navigational warnings; |
| (d) | Information on oceanographic observation, such as tidal currents, tides, and marine meteorology; |
| (e) | Information produced by analyzing and processing the information specified in items (a) through (d); |
| 3. | The term “intelligent maritime transport information service” means that the Minister of Oceans and Fisheries provides maritime transport information to ships, using a maritime wireless communication network based on information and communications technology to promote scientific and advanced maritime transport management; |
| 4. | The term “maritime wireless communication network” means a wireless communication network established and operated by the Minister of Oceans and Fisheries to provide intelligent maritime transport information services; |
| 5. | The term “intelligent maritime transport information system” means an information system built and operated by the Minister of Oceans and Fisheries by organically linking computer hardware, software, and databases to collect, store, search, analyze, process, and manage maritime transport information and to effectively provide intelligent maritime transport information services; |
| 6. | The term “intelligent maritime transport information service equipment” means machines, devices, tracks, and other equipment that constitute a maritime wireless communication network and an intelligent maritime transport information system. |
| Article 3 (Responsibilities of the State) |
To ensure the safety of the people in the sea and enhance the efficiency of maritime transport, the State shall develop and implement policies necessary for providing intelligent maritime transport information services.
| Article 4 (Relationship to Other Statutes) |
This Act shall prevail over other statutes regarding the provision and use of intelligent maritime transport information services, as well as regarding the establishment, operation, etc of the maritime wireless communication network.
CHAPTER II MASTER PLANS FOR INTELLIGENT MARITIME TRANSPORT INFORMATION SERVICES
| Article 5 (Master Plans for Intelligent Maritime Transport Information Services) |
| (1) | To facilitate the seamless provision and use of intelligent maritime transport information services, the Minister of Oceans and Fisheries shall formulate and implement a master plan for intelligent maritime transport information services (hereinafter referred to as “master plan”) every five years. In such cases, the Minister shall hear, in advance, opinions of the heads, etc. of relevant central administrative agencies and public institutions (referring to public institutions designated under Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply). |
| (2) | A master plan shall include the following matters: |
| 1. | Basic direction-setting for, and objectives of, policies for intelligent maritime transport information services; |
| 2. | Establishing, operating, protecting, and upgrading a maritime wireless communication network and intelligent maritime transport information system; |
| 3. | Promoting the development, provision, and use of intelligent maritime transport information services; |
| 4. | Research and development of technologies relating to intelligent maritime transport information services; |
| 5. | Facilitating international cooperation and overseas expansion relating to intelligent maritime transport information services; |
| 6. | Cultivating professionals relating to intelligent maritime transport information services; |
| 7. | Any other matters necessary for promoting the seamless provision and use of intelligent maritime transport information services. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for formulating and implementing master plans shall be prescribed by Presidential Decree. |
| Article 6 (Annual Implementation Plans) |
| (1) | The Minister of Oceans and Fisheries shall formulate and implement an annual implementation plan to execute a master plan each year. |
| (2) | An annual implementation plan formulated under paragraph (1) (hereinafter referred to as “implementation plan”) shall include the following matters: |
| 1. | Performance results and evaluation of the implementation plan of the immediately preceding year; |
| 2. | A detailed execution plan to implement the relevant master plan in the relevant year; |
| 3. | Implementation objectives and performance management for the relevant year; |
| 4. | Any other matters necessary for implementing the relevant master plan. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for formulating and implementing implementation plans shall be prescribed by Presidential Decree. |
| Article 7 (Submission of Master Plans and Implementation Plans to the National Assembly) |
| (1) | Where the Minister of Oceans and Fisheries has formulated or amended a master plan or implementation plan, he or she shall notify the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, and the Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors"), and submit the plan to the competent Standing Committee of the National Assembly without delay. |
| (2) | Where the Minister of Oceans and Fisheries has formulated or amended a master plan or implementation plan, he or she shall publicize the plan, as prescribed by Presidential Decree. |
CHAPTER III DEVELOPMENT OF INFRASTRUCTURE FOR PROVIDING INTELLIGENT MARITIME TRANSPORT INFORMATION SERVICES
| Article 8 (Establishment of Maritime Wireless Communication Network) |
| (1) | To systematically and stably provide intelligent maritime transport information services, the Minister of Oceans and Fisheries shall establish and operate a maritime wireless communication network. |
| (2) | The Minister of Oceans and Fisheries shall continuously upgrade the maritime wireless communication network, in consideration of advances in wireless communication technology, changes in international standards related to the maritime wireless communication network, etc. |
| (3) | If deemed necessary to establish and operate the maritime wireless communication network, the Minister of Oceans and Fisheries may request the head of other administrative agency or the head of a public institution to link such network with its information and communications network, telecommunications equipment (referring to telecommunications equipment defined in subparagraph 2 of Article 2 of the Telecommunications Business Act; hereinafter the same shall apply), etc. In such cases, the head of an administrative agency or public institution so requested shall comply with such request, unless there is a compelling reason not to do so. |
| Article 9 (Request for Use and Provision of Telecommunications Equipment) |
| (1) | If necessary to efficiently establish and operate the maritime wireless communication network, the Minister of Oceans and Fisheries may request the following matters from a person who constructs, owns, operates, or manages telecommunications equipment, roads, railroads, subways, water and sewerage systems, electrical equipment, etc. (hereinafter referred to as “telecommunications business entity, etc.”): |
| 1. | Use and provision of telecommunications equipment or such facilities or equipment as ducts, common utility conduits, stations (spaces for receiving, operating, maintaining, and repairing telecommunications equipment), poles, or cables (hereinafter referred to as “telecommunications equipment, etc.”); |
| 2. | Joint use of wireless communication facilities; |
| 3. | Interconnection of intelligent maritime transport information service equipment and telecommunications equipment. |
| (2) | Where the Minister of Oceans and Fisheries intends to request matters specified in paragraph (1), he or she shall pre-consult with telecommunications business entities, etc. on the price for, scope of, procedures, methods, etc. for, the use, provision, joint use, and interconnection of such matters: Provided, That in urgent circumstances where it is impracticable to conduct pre-consultation in cases of paragraph (1) 1, the Minister may consult on the price, etc. for using telecommunications equipment, etc. after using them. |
| (3) | If necessary for the use, provision, joint use, and interconnection under paragraph (1), the Minister of Oceans and Fisheries may request the relevant telecommunications business entity, etc. to provide relevant technology information. In such cases, the Minister shall pre-consult with the relevant telecommunications business entity, etc. on the scope of relevant technology information, the procedures, methods, etc. for providing such information. |
| (4) | No person shall use technology information provided under paragraph (3) for other than its original purpose or provide such information to a third person. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the use and provision of telecommunications equipment, etc., the joint use of wireless communication facilities, and for interconnection with telecommunications equipment shall be prescribed by Presidential Decree. |
| Article 10 (Ensuring Interoperability) |
To ensure interoperability between the maritime wireless communication network and public communication networks that share the frequency band, the Minister of Oceans and Fisheries shall take necessary measures, such as establishing a cooperation system with relevant administrative agencies or public institutions.
| Article 11 (Use of Maritime Wireless Communication Network by Relevant Administrative Agencies) |
Where the head of a relevant administrative agency or public institution prescribed by Presidential Decree intends to conduct its business using the maritime wireless communication network, he or she may use the network to the extent not impeding the provision of intelligent maritime transport information services after consultation with the Minister of Oceans and Fisheries.
| Article 12 (Establishment of Intelligent Maritime Transport Information System) |
| (1) | The Minister of Oceans and Fisheries shall build and operate an intelligent maritime transport information system to collect, store, search, analyze, process, and manage maritime transport information and to effectively provide intelligent maritime transport information services. |
| (2) | The Minister of Oceans and Fisheries shall continuously upgrade the intelligent maritime transport information system, in consideration of advances in wireless communication technology, changes in international standards, etc. |
| (3) | If deemed necessary to build and operate the intelligent maritime transport information system, the Minister of Oceans and Fisheries may request the head of other administrative agency or the head of a public institution to link such system with its information system. In such cases, the head of an administrative agency or public institution so requested shall comply with such request, unless there is a compelling reason not to do so. |
| Article 13 (Operating Personnel and Facilities) |
| (1) | The Minister of Oceans and Fisheries shall have personnel, facilities, equipment, etc. required to operate the maritime wireless communication network and intelligent maritime transport information system. |
| (2) | Matters necessary for the qualifications of personnel, facilities, equipment, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 14 (Promotion of Technology Development and Advancement) |
| (1) | To facilitate the development and advancement of technology related to intelligent maritime transport information services, the Minister of Oceans and Fisheries may perform the following activities: |
| 1. | Developing technology related to intelligent maritime transport information services and formulating development strategies therefor; |
| 2. | Ensuring that technology related to intelligent maritime transport information services meets the domestic and foreign technology standards; |
| 3. | Securing rights to developed technology related to intelligent maritime transport information services, as well as commercializing and proliferating such technology; |
| 4. | Promoting domestic and international cooperation and information exchanges on technology related to intelligent maritime transport information services; |
| 5. | Training and educating professionals in the field of technology related to intelligent maritime transport information services; |
| 6. | Any other matters necessary for developing and advancing technology related to intelligent maritime transport information services. |
| (2) | If necessary to standardize technology related to intelligent maritime transport information services, the Minister of Oceans and Fisheries may request the following matters from the Minister of Science and ICT and the heads of other relevant central administrative agencies: |
| 1. | Establishment, revision, abolition, and dissemination of standards for technology related to intelligent maritime transport information services; |
| 2. | Studies, research, and development of domestic and foreign standards for technology related to intelligent maritime transport information services; |
| 3. | Any other matters necessary for standardizing technology related to intelligent maritime transport information services. |
CHAPTER IV PROVISION AND USE OF INTELLIGENT MARITIME TRANSPORT INFORMATION SERVICES
| Article 15 (Provision of Intelligent Maritime Transport Information Services) |
| (1) | To enhance the safety and efficiency of maritime transport, the Minister of Oceans and Fisheries shall provide the following types of intelligent maritime transport information services: |
| 1. | Intelligent maritime transport information services that guide ships into optimal routes; |
| 2. | Intelligent maritime transport information services that prevent ship collisions, contact, etc.; |
| 3. | Intelligent maritime transport information services that provide real-time electronic navigational charts; |
| 4. | Intelligent maritime transport information services that provide information on maritime safety, such as navigational warnings, tidal currents, tides, and marine weather; |
| 5. | Any other intelligent maritime transport information services prescribed by Presidential Decree. |
| (2) | The Minister of Oceans and Fisheries shall collect, store, search, analyze, process, and systematically manage maritime transport information necessary for seamlessly providing intelligent maritime transport information services. |
| Article 16 (Cooperation with Relevant Institutions) |
To develop and seamlessly provide various intelligent maritime transport information services, the Minister of Oceans and Fisheries may develop or provide such services in cooperation with relevant administrative agencies, public institutions, other relevant institutions, organizations, etc.
| Article 17 (Provision of Maritime Transport Information) |
| (1) | The Minister of Oceans and Fisheries may provide maritime transport information, which has been collected, stored, searched, analyzed, and processed through the intelligent maritime transport information system, to a person who collects, processes, and provides maritime transport information as his or her business, or to a person, etc. who utilizes such information to conduct academic research or compile statistics: Provided, That where relevant provisions are otherwise provided in the Act on the Establishment, Management, etc. of Spatial Data or any other statue, such provisions shall apply. |
| (2) | Where the Minister of Oceans and Fishers provides any maritime transport information pursuant to paragraph (1), he or she may receive fees. |
| (3) | Matters necessary for providing maritime transport information and receiving fees, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 18 (Installation of Terminals for Intelligent Maritime Transport Information Services) |
| (1) | The owner of any of the following ships shall install equipment capable of transmitting and receiving intelligent maritime transport information services (hereinafter referred to as “terminal”) on the ship: Provided, That this shall not apply to ships prescribed by Ordinance of the Ministry of Oceans and Fisheries, for which it is unnecessary or impracticable to install a terminal, such as ships without a propulsion engine or mast: |
| (2) | The Minister of Oceans and Fisheries or a local government may fully or partially subsidize, within budgetary limits, expenses incurred in installing a terminal for the owner of a ship who installs a terminal thereon under paragraph (1). |
| (3) | The types of terminals to be installed under paragraph (1), procedures, methods, etc. for installing them shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 19 (Education, Publicity and Rewards) |
To raise the people’s awareness of intelligent maritime transport information services and facilitate the use of such services, the Minister of Oceans and Fisheries may promote such activities as education, publicity, and rewards.
| Article 20 (Protective Measures) |
To stably provide intelligent maritime transport information services, the Minister of Oceans and Fisheries shall take the following protective measures:
| 1. | Measures to prevent unauthorized persons from accessing or intruding intelligent maritime transport information service equipment, as well as responsive measures; |
| 2. | Preventive measures against the loss or theft of intelligent maritime transport information service equipment, as well as against the leakage, falsification, deletion, etc. of maritime transport information; |
| 3. | Measures to recover, and prevent reoccurrence of, any failure in the maritime wireless communication network or intelligent maritime transport information system. |
| Article 21 (Confidentiality) |
No person who was or is engaged in intelligent maritime transport information service business shall divulge any confidential information learned in the course of performing his or her duties.
| Article 22 (Prevention of Interference) |
| (1) | No person shall destroy any intelligent maritime transport information service equipment to disturb its function, or shall intentionally transmit jamming waves to interfere with the provision of intelligent maritime transport information services. |
| (2) | No person shall damage any intelligent maritime transport information service equipment or any sign of such equipment by throwing an object at such equipment or by tying an animal, ship, etc. thereto. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 23 (Establishment and Operation of Consultative Group) |
| (1) | To consult on the following matters, the Minister of Oceans and Fisheries may establish and operate a consultative group with relevant administrative agencies, public institutions, etc.: |
| 1. | Linkage with other information and communications networks or telecommunications equipment, etc. under Article 8 (3); |
| 2. | Use of the maritime wireless communication network under Article 11; |
| 3. | Linkage with other information systems under Article 12 (3); |
| 4. | Development or provision of intelligent maritime transport information services under Article 16; |
| 5. | Any other matters prescribed by Presidential Decree, which require consultation regarding intelligent maritime transport information services. |
| (2) | Matters necessary for establishing and operating the consultative group under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 24 (International Cooperation) |
The Minister of Oceans and Fisheries may identify international trends in intelligent maritime transport information services and promote international cooperation on the following matters:
| 1. | Support for international exchanges of personnel relating to intelligent maritime transport information services; |
| 2. | Support for international standardization, international joint research and development projects, etc. relating to intelligent maritime transport information services; |
| 3. | Support for cooperation with international organizations related to intelligent maritime transport information services or foreign governments, as well as support for international cooperation in the private sector; |
| 4. | Any other matters concerning promoting the provision and use of intelligent maritime transport information services. |
| Article 25 (Entry to Land) |
| (1) | If necessary to install, repair, investigate, or measure intelligent maritime transport information service equipment, the Minister of Oceans and Fisheries may have a person engaging in installing, repairing, investigating, or measuring such equipment do any of the following activities (hereinafter referred to as “entry, etc.”): |
| 1. | Entry to another person’s land, building, or artificial structure, as well as to the surface or bottom of water (hereinafter referred to as “land, etc.”); |
| 2. | Temporary use of another person’s land, etc., such as installing a sign necessary for investigation or measurement thereon. |
| (2) | No person shall interfere with the installation, repair, investigation, measurement of intelligent maritime transport information service equipment, or entry, etc. to land, etc. to do such activities under paragraph (1) without good cause. |
| (3) | A person who intends to enter, etc. another person’s land, etc. pursuant to paragraph (1) shall notify the owner, possessor, or manager of such land, etc. (hereinafter referred to as “owner, etc.”) of the date, time, place, details, etc. of such entry, etc., by seven days prior to the date of entry, etc.: Provided, That such person shall publicly announce the date, time, place, details, etc. of entry, etc. on the bulletin board or website of the Eup/Myeon office or Dong community center having jurisdiction over the relevant area or in daily newspapers, by 14 days prior to the date of entry, etc., in any of the following cases: |
| 1. | Where the owner, etc. of such land, etc. are unknown; |
| 2. | Where the address or residence of the owner, etc. of such land, etc. or any other place of notification is unknown. |
| (4) | Where a place the relevant person intends to enter, etc. under paragraph (1) is a residential building with any resident, the consent of such resident shall be obtained. |
| (5) | A person who intends to enter, etc. another person’s land, etc. pursuant to paragraph (1) shall carry an identification certificate indicating his or her authority and present it to the owner, etc., as prescribed by Presidential Decree. |
| Article 26 (Relocation of Obstacles) |
| (1) | Where any artificial structure, buried object, device, bamboo tree, or other plant (hereinafter referred to as “artificial structure, etc.”) hinders the installation of intelligent maritime transport information service equipment or causes radio interference to the maritime wireless communication network, the Minister of Oceans and Fisheries may require its owner, etc. to take measures, such as its relocation, removal, felling, transplantation, or alteration of its state (hereinafter referred to as “relocation, etc.”). |
| (2) | Where the owner, etc. of an artificial structure, etc. fails to comply with a request made under paragraph (1) or where there exist any unavoidable circumstances making it impracticable to relocate, etc. an artificial structure, etc., the Minister of Oceans and Fisheries may directly relocate, etc. an artificial structure, etc. In such cases, the Minister shall pre-consult with the heads of relevant central administrative agencies regarding an artificial structure, etc. prescribed by Presidential Decree. |
| (3) | Where the Minister of Oceans and Fisheries intends to directly relocate, etc. an artificial structure, etc. pursuant to paragraph (2), he or she shall notify its owner, etc. of its relocation, etc. in advance. In such cases, Article 25 (3) shall apply mutatis mutandis to the notice or public announcement given or made to the owner, etc. |
| Article 27 (Compensation for loss) |
| (1) | The Minister of Oceans and Fisheries shall compensate for any loss that occurs due to any of the following activities: |
| 1. | Entry to another person’s land, etc. under Article 25 (1) 1; |
| 2. | Temporary use of another person’s land, etc. under Article 25 (1) 2; |
| 3. | Relocation, etc. of an artificial structure, etc. under Article 26. |
| (2) | A claim for compensation for loss under paragraph (1) shall be filed within one year from the date the claimant becomes aware of a loss or within three years from the date a loss occurs. |
| (3) | Upon receipt of a claim for compensation under paragraph (2), the Minister of Oceans and Fisheries shall determine an amount of compensation through consultation with the claimant within three months from the date he or she receives the claim, and shall notify the claimant thereof in writing. |
| (4) | Where the Minister of Oceans and Fisheries and the claimant fail to conduct consultation under paragraph (3) or are unable to to do so, either the Minister of the claimant may file an application for adjudication with the competent Land Tribunal established under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. |
| (5) | Except as provided in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to compensation for loss, such as the criteria, methods, and procedures for paying compensation under paragraph (1) and application for adjudication under paragraph (4). |
| Article 28 (Entrustment of Duties) |
Part of the duties of the Minister of Oceans and Fisheries under this Act may be entrusted to a relevant institution, corporation, or organization in accordance with Presidential Decree.
CHAPTER VI PENALTY PROVISIONS
| Article 29 (Penalty Provisions) |
| (1) | A person who destroys any intelligent maritime transport information service equipment to disturb its function or intentionally transmit jamming waves to interfere with the provision of intelligent maritime transport information services in violation of Article 22 (1), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
| (2) | A person who divulges any confidential information learned in the course of performing his or her duties in violation of Article 21, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: |
| 1. | A person who uses provided technology information for other than its original purpose or provides such information to a third person, in violation of Article 9 (4); |
| 2. | A person who interferes with the installation, repair, investigation, or measurement of intelligent maritime transport information service equipment without good cause, in violation of Article 25 (2). |
| (4) | A person who damages any intelligent maritime transport information service equipment or any sign of such equipment in violation of Article 22 (2), shall be punished by a fine not exceeding 3 million won or by a minor fine. |
| Article 30 (Attempted Crimes) |
Any attempted crimes referred to in Article 29 (1) shall be punished.
| Article 31 (Administrative Fines) |
| (1) | A person who interferes with entry, etc. to land, etc. without good cause in violation of Article 25 (2), shall be subject to an administrative fine not exceeding 30 million won. |
| (2) | A ship owner who fails to install a terminal without good cause in violation of Article 18 (1), shall be subject to an administrative fine not exceeding one million won. |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries. |
ADDENDA <Act No. 16901, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Installation of Terminals)
Article 18 shall begin to apply to ships built or imported from foreign countries after this Act enters into force.