COAST GUARD AFFAIRS ACT
Act No. 11372, Feb. 22, 2012
Amended by Act No. 11690, Mar. 23, 2013
Act No. 11810, May 22, 2013
Act No. 12090, Aug. 13, 2013
Act No. 12600, May 20, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13186, Feb. 3, 2015
Act No. 14804, Apr. 18, 2017
Act No. 14810, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 16515, Aug. 20, 2019
Act No. 16568, Aug. 27, 2019
Act No. 16701, Dec. 3, 2019
Act No. 16902, Jan. 29, 2020
Act No. 17798, Dec. 29, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning maritime guard to ensure maritime security, maintain public safety and order, and protect maritime fishery resources and maritime facilities, thereby contributing to the safety of citizens and the maintenance of public order <Amended on Apr. 18, 2017>
The terms used in this Act are defined as follows: <Amended on Nov. 19, 2014; Apr. 18, 2017; Jul. 26, 2017; Dec. 29, 2020>
| 1. | The term “coast guard” means the exercise of police authority by the Commissioner of the Korea Coast Guard to ensure maritime security and maritime public safety for safeguarding maritime sovereignty and to protect maritime fishery resources and maritime facilities in guarded waters; |
| 2. | The term “guarded waters” means the coastal waters, offshore waters and open sea waters to which the rights of the Republic of Korea extend under the statutes of the Republic of Korea and international law; |
| 8. | The term “guard force” means the manpower, naval vessels, aircraft and telecommunication equipment mobilized by the Commissioner of the Korea Coast Guard for coast guard; |
| 9. | The term “maritime inspection and search” means ordering vessels, etc. to stop, boarding vessels, etc., questioning, verifying facts, and searching vessels, and taking other necessary measures in the guarded waters, conducted by the Commissioner of the Korea Coast Guard using the guard force; |
| 11. | The term “critical seashore facilities” means a facility prescribed by Presidential Decree, which is a key industrial facility that becomes a part of the backbone of national economy, such as a public institution, an airport, a harbor, an electric power plant, and an oil storage tank, all of which are adjacent to seas. |
| Article 3 (Responsibilities and Duties of the State) |
The State shall establish a system and prepare conditions necessary for coast guard and formulate and implement policies therefor to ensure maritime security and public safety as well as to protect maritime fishery resources and maritime facilities in the guarded waters. <Amended on Apr. 18, 2017>
| Article 4 (Scope of Application) |
This Act shall apply to vessels, etc. or maritime facilities falling under any of the following subparagraphs:
| 1. | Vessels, etc. or maritime facility located in the guarded waters; |
| 2. | Vessels of the Republic of Korea defined in Article 2 of the Ship Act located in any waters other than the guarded waters. |
| Article 5 (Relation with Other Acts) |
| (1) | Except as otherwise provided for in the United Defense Act in relation to coast guard, this Act shall apply. |
| Article 5-2 Deleted. <Aug. 20, 2019> |
CHAPTER II COAST GUARD ACTIVITIES
| Article 6 (Formulation of Basic Plans for Coast Guard) |
| (1) | The Commissioner of the Korea Coast Guard shall formulate and implement a basic plan for coast guard (hereinafter referred to as "basic plan") every five years to conduct coast guard activities efficiently. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A basic plan shall include the following matters: |
| 1. | Matters concerning the analysis of necessity for maritime public safety following circumstantial changes surrounding the Republic of Korea; |
| 2. | Matters concerning how to operate guard force and pursue international cooperation based on necessity for maritime public safety; |
| 3. | Matters concerning prospects for increase and decrease of guard force, and securing manpower and financial resources therefor; |
| 4. | Matters concerning guard methods suitable for the characteristics of each guarded water; |
| 5. | Other matters necessary for operating coast guard. |
| (3) | The Commissioner of the Korea Coast Guard shall, in case of intending to formulate a basic plan, hear the opinions of the heads of the relevant central administrative agencies such as the Minister of Foreign Affairs, the Minister of National Defense, and the Commissioner of the National Police Agency, and 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 “Mayor/Do Governor”). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 29, 2020> |
| (4) | The Commissioner of the Korea Coast Guard shall formulate an annual coast guard plan containing the objects that need to be heavily guarded, achievement goals, etc. after analyzing the actual results of coast guard activities of the previous year and the conditions of public safety, etc., in accordance with the established basic plan. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 7 (Scope of Coast Guard Activities) |
A police officer under the jurisdiction of the Korea Coast Guard (hereinafter referred to as “coast guard police officer”) shall conduct coast guard activities falling under either of the following subparagraphs: <Amended on Nov. 19, 2014; Apr. 18, 2017; Jul. 26, 2017>
| 1. | Prevention of maritime-related crimes; |
| 2. | Measures concerning controlling maritime pollution and protecting maritime fishery resources; |
| 3. | Execution of maritime security, counter-terrorism and counter-espionage operations; |
| 4. | Measures concerning protecting maritime facilities; |
| 5. | Measures concerning protecting maritime navigation; |
| 6. | Maintenance of public safety and order for coast guard in the guarded waters. |
| Article 8 (Prohibition of Abusing Authority) |
When a coast guard police officer performs his/her duties under this Act, he/she shall not infringe the rights and freedom of individuals by abusing his/her authority. <Amended on Nov. 19, 2014; Jul. 26, 2017>
| Article 9 (International Cooperation) |
| (1) | The Commissioner of the Korea Coast Guard may dispatch a part of guard force abroad for joint inter-State training and relief activities, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 3, 2019> |
| (3) | Criteria and methods of selecting developing countries eligible for transfer under paragraph (2) and detailed procedures for transfer shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 3, 2019> |
[Title Amended on Dec. 3, 2019]
| Article 10 (Establishment and Operation of Consultative Body) |
| (1) | The Commissioner of the Korea Coast Guard may establish and operate a consultative body jointly with the Minister of Foreign Affairs, the Minister of Oceans and Fisheries, and the Commissioner of the National Police Agency for business cooperation, such as prompt collection and dissemination of information, in case of emergency relating to coast guard activities. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Matters necessary for the establishment, operation, etc. of the consultative body under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 11 (Objects of Priority Guard by Kind of Guarded Waters) |
| (1) | The Commissioner of the Korea Coast Guard may deploy guard force and put priority on guard differently according to the classification of the guarded waters. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Matters that need to be heavily guarded based on the classification referred to in paragraph (1) shall be as follows: <Amended on Apr. 18, 2017> |
| 1. | Coastal waters: Ensuring public security and protecting and guarding critical seashore facilities, involving control of vessels, etc. violating any maritime-related domestic statute; |
| 3. | Open Sea waters: Guard for controlling foreign vessels violating the statutes of the Republic of Korea or a treaty concluded and ratified by the Republic of Korea, for protecting maritime fishery resources and maritime facilities, preserving and managing maritime environment, and conducting maritime scientific investigations. |
| Article 12 (Maritime Inspection and Search) |
| (1) | A coast guard police officer may conduct maritime inspection and search of vessels, etc. falling under any of the following subparagraphs, if there are considerable reasons judging from circumstances: Provided, That the maritime inspection and search of a foreign vessel shall be conducted in compliance with the treaties concluded and ratified by the Republic of Korea or generally recognized international law: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Vessels, etc. which impede the safe navigation of other vessels, or are operated in deviation from normal navigation without consistent navigational status, such as the route; |
| 2. | Vessels, etc. which are suspected to transport weapons of mass destruction, other weapons, or materials related thereto; |
| 3. | Vessels, etc. which are suspected to violate or be about to violate any statute of the Republic of Korea or any treaty concluded and ratified by the Republic of Korea. |
| (2) | Where a coast guard police officer boards a vessel, etc. for the purpose of conducting maritime inspection and search, he/she shall inform the captain of such vessel, etc. (including the person operating such vessel, etc.; hereinafter the same shall apply) of his/her affiliation, name, and purpose and grounds of such maritime inspection and search. <Amended on Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 13 (Hot Pursuit and Seizure) |
A coast guard police officer may pursue and seize vessels, etc. falling under any of the following subparagraphs: Provided, That Article 111 of the United Nations Convention on the Law of the Sea shall apply to the exercise of hot pursuit of foreign vessels: <Amended on Nov. 19, 2014; Jul. 26, 2017> | 1. | Vessels, etc., which flee without complying with maritime inspection and search under Article 12; |
| 2. | Vessels, etc., which are reasonably believed to have violated or which are about to violate a statute of the Republic of Korea or a treaty concluded and ratified by the Republic of Korea, which governs the relevant guarded waters. |
| Article 14 (Protective Measures for Maritime Navigation, etc.) |
| (1) | A coast guard police officer may take a protective measure for maritime navigation, such as issuing a warning or an order to move or disperse, against the captains of vessels, etc. which commit any of the following acts: Provided, That protective measures for maritime navigation against a foreign vessel may be taken only in the coastal waters: <Amended on Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Acts by vessels, etc. of significantly impeding the navigation, arrival or departure of other vessels, etc. beyond their original purposes; |
| 2. | Acts by vessels, etc. of occupying any waters inside or outside of a harbor or port or any designated route in a group for a long time, or acts by vessels, etc. of impeding the navigation of other vessels, etc. by deviating from normal crossing methods in navigation; |
| 3. | Acts by vessels, etc. of navigating or occupying the guarded waters within one kilometer outward from the boundary of any critical seashore facility in a manner demonstrating their power, which are highly likely to cause a safety accident. |
| (2) | Where harm to human lives and bodies, serious property loss, or maritime pollution is highly likely to occur because vessels, etc. are in danger of stranding, collision, sinking or destruction due to any of the following reasons in guarded waters (excluding the water zone, etc. of a trade port under the Act on the Arrival, Departure, etc. of Ships, in this paragraph), coast guard police officers may take safety measures against the captain of that vessels, etc. such as issuing a warning and an order to relocate or evacuate: Provided, That safety measures for a foreign vessel may be taken only in the coastal waters: <Newly Inserted on Aug. 13, 2013; Nov. 19, 2014; Feb. 3, 2015; Jul. 26, 2017> |
| 1. | Natural disaster such as typhoon and tsunami; |
| 2. | Explosion of dangerous substances or a fire in a vessel; |
| 3. | Destruction of maritime structures. |
| (3) | Where a coast guard police officer is unable to issue an order under paragraph (2) due to breakdown, etc. of communication devices of vessels, etc. or where the captains of vessels, etc. refuse to comply with an order issued under paragraph (2), the coast guard police officer may take the following measures to the extent reasonably deemed necessary, if such measure is deemed urgent or necessary to prevent harm to human lives and bodies, serious property loss or maritime pollution. <Newly Inserted on Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Measure to relocate vessels, etc. to a safe place; |
| 2. | Measure to require the captain, sailors or passengers of vessels, etc. to disembark to evacuate them to a safe place; |
| 3. | Other measures determined by Presidential Decree. |
| (4) | Where a coast guard police officer intends to take a measure under paragraph (3), he/she shall present a document verifying his/her status to the captains of vessels, etc. and inform the captains of the objectives and reasons of the measure and the place of relocation or evacuation: Provided, That, where a coast guard police officer is unable to board vessels, etc. due to meteorological conditions, etc., he/she may inform his status, etc. by using radio communications, etc. <Newly Inserted on Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The chief of a coast guard station may require the owners of vessels, etc. designated by Presidential Decree to bear the expenses incurred in connection to the measures for relocation under paragraph (3) 1.<Newly Inserted on Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | Matters necessary for protective measures for maritime navigation, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[Title Amended on Aug. 13, 2013]
| Article 15 (Request for Support) |
| (1) | Where urgent support is needed while conducting coast guard activities, the head of a local marine police agency may request a nearby administrative agency for support, such as offering a vessel or an aircraft. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The head of the administrative agency upon receipt of a request for support under paragraph (1) shall comply therewith except in extenuating circumstances. |
| Article 16 (Education and Training for Coast Guard) |
The Commissioner of the Korea Coast Guard may, to smoothly perform coast guard, conduct education and training for guard manpower, such as patrol ship crews and aviation personnel, and comprehensive training by using patrol ships and aircraft. <Amended on Nov. 19, 2014; Jul. 26, 2017>
| Article 16-2 (Formulation of Plans for Maritime Counter-Terrorism) |
| (2) | The head of a local marine police agency shall formulate and implement an action plan to prevent and respond to maritime terrorism through consultation with related agencies each year in order to efficiently implement a plan for maritime terrorism under paragraph (1). |
| (3) | Matters necessary for the formulation and implementation of a plan for maritime counter-terrorism under paragraph (1) and an action plan to prevent and respond to maritime terrorism under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 29, 2020]
CHAPTER III USE OF WEAPONS, EQUIPMENT, ETC.
| Article 17 (Use of Weapons) |
| 1. | For seizing vessels, etc. and arresting an offender; |
| 2. | For thwarting the flee of vessels, etc. or an offender; |
| 3. | For preventing harm to the life and body of him/herself or other persons; |
| 4. | For suppressing resistance to the execution of public duties. |
| (2) | In cases falling under any of the following subparagraphs, a coast guard police officer may use firearms for public use, in addition to individual’s firearms: <Amended on Apr. 18, 2017> |
| 1. | In cases of conducting an operation related to national security, such as a counter-espionage operation and a counter-terrorism operation; |
| 2. | In cases falling under any subparagraph of paragraph (1), where vessels, etc. and the offenders attack or intend to attack the guard force by using the hull of a vessel, or any other dangerous or deadly weapon or instrument; |
| 3. | In cases where vessels, etc. refuse to comply with an order to stop or relocate not less than three times, and cause or intend to inflict, in a group, danger and harm to the guard force. |
| Article 18 (Use of Maritime Police Equipment and Gears) |
| 1. | Police equipment and police gears belonging to and operated by the guard force in cases of compulsorily stopping, blocking or searching vessels, etc. at the time of maritime inspection and search or hot pursuit and arrest; |
| 2. | Police equipment and police gears necessary for protective measures for maritime navigation, such as order to relocate or disperse vessels, etc.; |
| 3. | Police equipment and police gears for self-defense of the guard force where vessels, etc. unjustifiably resist, or attempt to inflict danger and harm to, the guard force during the coast guard police officers’ performance of duties, in addition to police equipment and police gears under subparagraphs 1 and 2. |
| (2) | Kinds of police equipment and police gears under paragraph (1) and standards for using them shall be prescribed by Presidential Decree. |
[Title Amended on Jul. 26, 2017]
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 19 (Request for Cooperation) |
The Commissioner of the Korea Coast Guard may, if necessary for conducting coast guard activities under subparagraphs 1 through 5 of Article 7, request the heads of relevant administrative agencies for cooperation, such as provision of information. <Amended on Nov. 19, 2014; Jul. 26, 2017>
| Article 20 (Notification of Permission for Occupancy or Use within the Guarded Waters, etc.) |
| (1) | Where the Minister of Oceans and Fisheries, the Special Metropolitan City Mayor, the Metropolitan City Mayor, a Special Self-Governing City Mayor, Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) grants permission for occupancy or use of public waters under Article 8 of the Public Waters Management and Reclamation Act within the guarded waters, and if such permission is deemed to seriously impede coast guard activities referred to in subparagraphs 1 through 5 of Article 7, he/she shall notify such fact to the Commissioner of the Korea Coast Guard, the commander of a regional coast guard or the chief of the competent coast guard station. <Amended on Mar. 23, 2013, Nov. 19, 2014; Jul. 26, 2017; Dec. 29, 2020> |
| (2) | Where the Minister of Oceans and Fisheries implements a harbor development project under subparagraph 6 Article 2 of the Harbor Act, and if such project is deemed to seriously impede coast guard activities specified in subparagraphs 1 through 5 of Article 7, the Minister shall notify such fact to the Commissioner of the Korea Coast Guard, the commander of a regional coast guard or the chief of the competent coast guard station. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 29, 2020> |
| (3) | Where the Minister of Oceans and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu implements a fishery harbor development project under Article 23 (1) of the Fishing Villages and Fishery Harbors Act, and if such project is deemed to seriously impede coast guard activities under subparagraphs 1 through 5 of Article 7, he/she shall notify such fact to the Commissioner of the Korea Coast Guard, the commander of a regional coast guard or the chief of the competent coast guard station. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Detailed matters to be notified and procedures for notifying such matters under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
The Commissioner of the Korea Coast Guard may grant rewards to those who have rendered distinguished service in seizing a foreign vessel pursuant to Article 13, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> [This Article Newly Inserted on Apr. 18, 2017]
CHAPTER V PENALTY PROVISIONS
| Article 21 (Penalty Provisions) |
| (1) | A person who refuses, obstructs or evades maritime inspection and search under Article 12 (1) without any justifiable ground shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Newly Inserted on Apr. 18, 2017> |
| (2) | A person who refuses, obstructs or evades an order to relocate, disperse or evacuate under Article 14 or a measure for relocation or evacuation shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won. <Amended on Aug. 13, 2013; Apr. 18, 2017> |
| Article 22 Deleted. <Apr. 18, 2017> |
ADDENDUM <Act No. 11372, Feb. 22, 2012>
This Act shall enter into force six months after 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.
ADDENDUM <Act No. 11810, May 22, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12090, Aug. 13, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12600, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. <Proviso Omitted.>
Article 2 Omitted.
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 among the Acts amended by Article 6 of Addenda, the parts amending the Acts which have been promulgated before this Act enters into force, whose enforcement dates have not yet arrived shall enter into force on the enforcement dates of the relevant Acts, respectively. Articles 2 through 7 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.
ADDENDA <Act No. 14804, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14810, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures on Administrative Fines)
The former provisions shall apply in applying administrative fines to acts committed before this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended by Article 5 of Addenda, the parts amending the Acts which have been promulgated before this Act enters into force, whose enforcement dates have not yet arrived shall enter into force on the enforcement dates of the relevant Acts, respectively. Articles 2 through 6 Omitted.
ADDENDA <Act No. 16515, Aug. 20, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDUM <Act No. 16701, Dec. 3, 2019>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDUM <Act No. 17798, Dec. 29, 2020>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 20 (1) shall enter into force on January 1, 2021.