CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to ensuring marine safety by identifying the causes of marine accidents through the investigation of and inquiry into marine accidents.
[This Article Wholly Amended on Dec. 29, 2009]
The terms used in this Act are defined as follows: <Amended on Jun. 15, 2011; Mar. 23, 2013>
| 1. | The term "marine accident" means any of the following accidents, which happen at sea and in the inland waters: |
| (a) | An accident in which a person dies, disappears or is injured, in connection with the structure, equipment or operation of ships; |
| (b) | An accident which causes damage to a ship or shore or marine facilities, in connection with the operation of ships; |
| (c) | An accident in which a ship is lost, derelict or missing; |
| (d) | An accident in which a ship collides with another ship, is stranded, capsizes or sinks or it is impossible to steer a ship; |
| (e) | An accident that causes marine pollution damage, in connection with the operation of ships; |
| 1-2. | The term “marine near-miss” is a situation specified by Ordinance of the Ministry of Oceans and Fisheries as an accident that is likely to pose a hazard to the safety of ships and people or the marine environment, if measures for rectification or improvement are not taken with respect to the structure, equipment, or operation of a ship; |
| 2. | The term "ship" means any structure navigating or navigable on the water or under water, which is determined by Presidential Decree; |
| 3. | The term "person involved in a marine accident" means any person involved in the cause of a marine accident, who is designated pursuant to Article 39; |
| 3-2. | The term “interested party” means a person not directly related to the cause of a marine accident but financially affected by an inquiry into, or judgment on, the marine accident; |
| 4. | The term "remote video inquiry" means any inquiry that is held with persons involved in a marine accident attending a remote tribunal equipped with apparatus transmitting and receiving animated images and sound simultaneously, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, other than the location of the competent Maritime Safety Tribunal or facilities equipped with the said apparatus and designated by the competent Maritime Safety Tribunal. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 3 (Establishment of Tribunals) |
In order to make an inquiry into marine accidents, the Maritime Safety Tribunals (hereinafter referred to as the "Tribunals") shall be established under the jurisdiction of the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Dec. 29, 2009]
| Article 4 (Examination on Causes of Marine Accidents) |
| (1) | In an inquiry performed by the Tribunals, the causes of a marine accident shall be examined with respect to the following matters: |
| 1. | Whether it was caused by intention or negligence of any person; |
| 2. | Whether it was caused by the number, qualifications, skills, work conditions or services of the crew of the ship; |
| 3. | Whether it was caused by the structure, materials and manufacture of the hull or engines, or equipment or performance of the ship; |
| 4. | Whether it was caused by auxiliary facilities for navigation, such as hydrographic charts and publication, nautical marks, marine communication, weather forecast, salvage facilities, etc.; |
| 5. | Whether it was caused by conditions of the port or waterway; |
| 6. | Whether it was caused by any reason concerning the characteristics or loading of freight. |
| (2) | Where two or more persons are involved in the occurrence of a marine accident in examining the causes of such marine accident under paragraph (1), the competent Tribunal may examine the extent of causes brought on by each person involved therein. |
| (3) | If deemed necessary to examine the causes of a marine accident under the subparagraphs of paragraph (1), the competent Tribunal may seek advice from a specialized research institution prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 29, 2009]
| (1) | The Tribunals shall examine the causes of marine accidents, and clarify the outcomes thereof by judgment. |
| (2) | Where the Tribunals deem that a marine accident is caused by intention or negligence of a ship officer or pilot on duty, they shall take a disciplinary action against him/her by judgment. |
| (3) | If necessary, the Tribunals may make a judgment to recommend or order rectification or improvement to a person involved in a marine accident, other than those referred to in paragraph (2): Provided, That no judgment that orders rectification or improvement shall be made to administrative agencies. <Amended on Jun. 15, 2011> |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 5-2 (Request for Correction) |
When the Tribunals deem that any matter is to be corrected or improved for preventing a marine accident as a result of an inquiry, they may request an administrative agency or organization, other than persons involved in a marine accident, to take corrective or improvement measures for preventing a marine accident.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 6 (Categories of Disciplinary Actions and Extenuation) |
| (1) | Disciplinary actions under Article 5 (2) may be divided into the following three categories and their application shall be determined by the Tribunals according to the seriousness of the relevant acts: |
| 1. | Revocation of a license; |
| 2. | Suspension of business; |
| (2) | The period of suspension of business under paragraph (1) 2 shall be not less than one month and not more than one year. |
| (3) | In taking a disciplinary action under Article 5 (2), the Tribunals may reduce or exempt it in extenuation of the nature or situation of a marine accident, or the personal history of the relevant person or other circumstances. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 6-2 (Suspending Execution of Disciplinary Actions) |
| (1) | If a Tribunal finds it necessary to require a person to attend a job training course with regard to the operation of a ship (hereinafter referred to “job training course”) when it makes a judgment to suspend business operation under Article 6 (1) 2 for not less than one month but not more than three months as a disciplinary action, it may suspend the execution of a disciplinary action (hereinafter referred to as “suspension of execution”) for a period of not less than three months but not more than nine months simultaneously when it makes such judgment on a disciplinary action. In such cases, the execution of a disciplinary action shall not be suspended contrary to an intention expressly manifested by a person subject to the judgment on the disciplinary action. |
| (2) | Matters necessary for guidelines for the suspension of execution under paragraph (1) shall be determined by the Tribunals. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 6-3 (Order to Finish Job Training Course) |
| (1) | When a Tribunal suspends the execution of a disciplinary action under Article 6-2, it shall order the relevant person to finish job training course during a grace period. |
| (2) | A person who is ordered to finish job training course pursuant to paragraph (1) shall receive the job training course provided by the competent Tribunal or an entrusted educational institution specified by Presidential Decree. |
| (3) | A Tribunal or entrusted educational institution may charge trainees for the training course provided to them pursuant to paragraph (2). |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for completing job training course, such as the term and curriculum thereof, shall be determined by the Tribunals. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 6-4 (Nullification of Suspension of Execution) |
If the execution of a disciplinary action taken against a person has been suspended by judgment pursuant to Article 6-2, but if such person falls under any of the following subparagraphs, the judgment to suspend the execution shall be nullified: | 1. | Where the person fails to finish the job training course during the period of suspension of execution; |
| 2. | Where a judgment to suspend business operation or take any heavier disciplinary action is made against the person who is in the period of suspension of execution and the judgment becomes final and conclusive. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 6-5 (Effects of Suspension of Execution) |
If the period for suspension of execution of a disciplinary action lapses while the judgment to suspend the execution remains valid after the judgment is made under Article 6-2, the disciplinary action shall be deemed executed. [This Article Newly Inserted on Jun. 15, 2011]
| Article 7 (Prohibition against Double Jeopardy) |
The Tribunals may not make another inquiry for a case on the merit of which a final judgment has been made.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 7-2 (Hearings from Tribunals Prior to Public Prosecution) |
In cases of a marine accident, where a prosecutor institutes a public prosecution against a person involved in the marine accident, the prosecutor may hear opinions from the competent District Maritime Safety Tribunal.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 7-3 (Terms of Inquiry Tribunal) |
| (1) | The Korean language shall be used at an inquiry tribunal. |
| (2) | A statement made by a person who cannot make himself/herself understood in the Korean language shall be translated by a translator. |
[This Article Wholly Amended on Dec. 29, 2009]
CHAPTER II ORGANIZATION OF TRIBUNALS
| Article 8 (Organization of Tribunals) |
| (1) | The Tribunals shall comprise the Korean Maritime Safety Tribunal (hereinafter referred to as the "Korean Tribunal") and the District Maritime Safety Tribunals (hereinafter referred to as the "District Tribunals"). |
| (2) | Each Tribunal shall be comprised of a commissioner and such number of judges as determined by Presidential Decree. |
| (3) | The organization of the Korean Tribunal and the names, organizations and jurisdictions of the District Tribunals shall be determined by Presidential Decree. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 9 (Commissioners of Korean Tribunal and District Tribunals) |
| (1) | The Korean Tribunal and each District Tribunal shall have the Commissioner of the Korean Maritime Safety Tribunal (hereinafter referred to as the "Commissioner of the Korean Tribunal") and the commissioner of a District Maritime Safety Tribunal (hereinafter referred to as "commissioner of a District Tribunal"), respectively. |
| (2) | The Commissioner of the Korean Tribunal shall be appointed by the President on the recommendation of the Minister of Oceans and Fisheries, from among those having qualifications falling under any of the subparagraphs of Article 9-2 (2). <Amended on Mar. 23, 2013> |
| (3) | The commissioner of a District Tribunal shall be appointed by the President on the recommendation of the Minister of Oceans and Fisheries, from among those having qualifications falling under any of the subparagraphs of Article 9-2 (2) or judges of a District Tribunal. <Amended on Jun. 15, 2011; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 9-2 (Appointment of and Qualifications for Judges) |
| (1) | The judges of the Korean Tribunal shall be appointed by the President, upon the recommendation of the Minister of Oceans and Fisheries, whereas the judges of a District Tribunal shall be appointed by the Minister of Oceans and Fisheries on the recommendation of the Commissioner of the Korean Tribunal. <Amended on Mar. 23, 2013> |
| (2) | A person qualified as a judge of the Korean Tribunal shall be any of the following persons: |
| 1. | A person who has served as a judge of a District Tribunal for not less than four years; |
| 2. | A person who, after having obtained a license for second-class or higher ship officer as mate, engineer or operator (hereinafter referred to as "license for second-class or higher ship officer"), has served as a state public official in general service of Grade IV or higher for not less than four years; |
| 3. | A person who has served as a state public official in general service of Grade III or higher in administering maritime affairs and fisheries for not less than three years; |
| 4. | A person whose total period of service under subparagraphs 1 through 3 is not less than four years. |
| (3) | A person qualified as a judge of a District Tribunal shall be any of the following persons: |
| 1. | A person who, after having obtained a license for first-class ship officer as a mate, engineer or operator, has been on board as the captain or chief engineer of a ship which navigates a deep sea area as its navigation area for not less than three years; |
| 2. | A person who, after having obtained a license for second-class or higher ship officer, has served as a state public official in general service of Grade V or higher for not less than two years; |
| 3. | A person who, after having obtained a license for second-class or higher ship officer, has taught any subject on the navigation of ships or steerage of ship engines at an educational institution determined by Presidential Decree for not less than three years; |
| 4. | A person whose total period of service under subparagraphs 1 through 3 is not less than three years; |
| 5. | A person who is admitted to the bar and has worked as an attorney-at-law for not less than three years. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 10 (Disqualifications) |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 11 (Duties of Commissioners and Judges) |
| (1) | The Commissioner of the Korean Tribunal shall perform the following duties: <Amended on Feb. 18, 2020> |
| 1. | He/she shall exercise overall control over the general affairs of the Korean Tribunal, and direct and supervise the staff and personnel under his/her jurisdiction; |
| 2. | He/she shall organize an inquiry board of the Korean Tribunal, and nominate a presiding judge from among its judges: Provided, That for an especially important case, he/she may make himself/herself a presiding judge; |
| 3. | He/she shall direct and supervise the general affairs of the District Tribunals; |
| 4. | Where a vacancy occurs in the position of a judge in each Tribunal, or any other inevitable reason exists, he/she may have the commissioner of a District Tribunal to act as a judge of the Korean Tribunal, and the judge of a District Tribunal to act as the judge of another District Tribunal. |
| (2) | The commissioner of a District Tribunal shall perform the following duties: |
| 1. | He/she shall take charge of the general affairs of the District Tribunal, and direct and supervise the staff and personnel under his/her jurisdiction; |
| 2. | He/she shall organize an inquiry board in the District Tribunal and be a presiding judge. |
| (3) | Judges shall perform the duties of inquiry. |
| (4) | Where the commissioner of each Tribunal is unable to perform his/her duties due to any inevitable reason, a senior judge of the relevant Tribunal shall act on his/her behalf: Provided, That a chief investigator referred to in Article 16 (1) shall perform the commissioner's duties other than the duties of inquiry. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 12 (Independent Authority of Judges) |
The presiding judges and judges shall perform their duties independently.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 13 (Status and Terms of Office for Judges) |
| (2) | The terms of office for the commissioners and judges shall be three years, and may be renewed consecutively. |
| (3) | Neither commissioners nor judges shall be subject to removal, reduction of pay or other disadvantageous disposition contrary to their intention without a criminal sentence, disciplinary action or provisions of any laws. |
| (4) | Except as otherwise provided in this Act, the State Public Officials Act shall apply to the requirements and procedures for appointing the commissioners and judges, their retirement age, and other necessary matters. <Amended on Jun. 15, 2011; Mar. 24, 2014; Dec. 31, 2018> |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 13-2 (Transfer of Judges) |
The Minister of Oceans and Fisheries may transfer the commissioner of a District Tribunal or judges of each Tribunal during his/her service under Article 13 (2) to a corresponding position in another Tribunal, only when it is deemed inevitable for performing the duties of an inquiry. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Dec. 29, 2009]
| Article 14 (Non-Permanent Judges) |
| (1) | Each Tribunal shall have non-permanent judges who shall be commissioned by the commissioner of each Tribunal, from among those having knowledge and experience required for performing their duties. In such cases, the commissioner of a District Tribunal shall obtain approval of the Commissioner of the Korean Tribunal. <Amended on Dec. 31, 2018> |
| (2) | The non-permanent judges shall participate in an inquiry into a case in which it is very difficult to identify the causes of marine accidents. |
| (3) | The non-permanent judges who participate in an inquiry shall have the same duties and powers as the judges. |
| (4) | Where any non-permanent judge falls under any of the following, the commissioner of each Tribunal may dismiss him/her. In such cases, the commissioner of a District Tribunal shall obtain approval of the Commissioner of the Korean Tribunal: <Newly Inserted on Dec. 31, 2018> |
| 1. | Where the non-permanent judge becomes incapable of performing his/her duties due to a mental or physical disability; |
| 2. | Where the non-permanent judge voluntarily admits that it is impracticable for him/her to perform his/her duties; |
| 3. | Where the non-permanent judge engages in misconduct in connection with an inquiry; |
| 4. | Where the non-permanent judge is deemed unsuitable to serve as a non-permanent judge due to delinquency of a duty, injury to dignity, or any other reasons; |
| 6. | Where the non-permanent judge, despite falling under any of the subparagraphs of Article 15 (2), fails to refrain from the execution of his/her duties under paragraph (4) of the same Article. |
| (5) | Necessary matters for the number of, qualifications for, etc. non-permanent judges to be assigned to each Tribunal shall be determined by Presidential Decree. <Amended on Dec. 31> |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 15 (Disqualification of, Challenge to, or Refrainment by Judges and Non-Permanent Judges) |
| (1) | Where any judge (including any presiding judge; hereafter the same shall apply in this Article) or non-permanent judge falls under any of the following subparagraphs, he/she shall be disqualified from the execution of his/her duties: |
| 1. | Where he/she is or was a relative of a person involved in the marine accident; |
| 2. | Where he/she bears witness to or gives an expert opinion on the case concerned; |
| 3. | Where he/she takes part in the case concerned as an inquiry counsel or representative of the person involved in the marine accident; |
| 4. | Where he/she performs the duties of an investigator in the case concerned; |
| 5. | Where he/she takes part in the inquiry of the previous trial; |
| 6. | Where he/she is the owner, operator or charterer of a ship which is subject to the inquiry. |
| (2) | Any investigator, person involved in the marine accident and inquiry counsel may file a request for challenge to a judge and non-permanent judge in any of the following cases: |
| 1. | Where the judge or non-permanent judge falls under any of the subparagraphs of paragraph (1); |
| 2. | Where the judge or non-permanent judge is likely to make an unfair inquiry. |
| (3) | A person who has already made a statement about the case concerned at the inquiry court is not allowed to file a request for challenge for the reason referred to in paragraph (2) 2 only: Provided, That where he/she was not aware that a reason for challenge exists, or a reason for challenge occurs thereafter, the same shall not apply. |
| (4) | Any judge or non-permanent judge shall, if it is deemed that a reason under paragraph (2) exists, refrain from the execution of his/her duties. <Amended on Dec. 31, 2018> |
| (5) | A decision on the disqualification of, challenge to, or refrainment by a judge or non-permanent judge shall be made by the collegiate inquiry board of the Tribunal to which he/she belongs: Provided, That if a special inquiry division is established, such decision shall be made by the collegiate inquiry board of the District Tribunal in which the special inquiry division is established. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 16 (Investigators) |
| (1) | Each Tribunal shall have a chief investigator, investigators and other personnel assisting investigative affairs. |
| (2) | The chief investigator, investigators and other personnel assisting investigative affairs referred to in paragraph (1) shall be appointed from among public officials in general service, and their fixed number shall be determined by Presidential Decree. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 16-2 (Qualifications for Investigators) |
| (1) | A person who is qualified as the Chief Investigator of the Korean Tribunal (hereinafter referred to as "Chief Investigator of the Korean Tribunal") shall be any of the following persons: |
| 2. | A person who has served as a state public official in general service of Grade III or higher in the administration of maritime affairs and fisheries for not less than three years (including a career served for affairs related to marine safety for not less than one year); |
| 3. | A person whose total period of career under subparagraphs 1 and 2 is not less than four years. |
| (2) | A person who is qualified as an investigator of the Korean Tribunal and the chief investigator of a District Tribunal (hereinafter referred to as "chief investigator of a District Tribunal") shall be a person falling under Article 9-2 (3) 1 through 4: Provided, That qualifications as an investigator of a District Tribunal shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 17 (Duties of Investigators) |
Any chief investigator and investigator shall take charge of the investigation of marine accidents, request for an inquiry, execution of judgment and other affairs prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 18 (Direction and Supervision over Investigative Affairs) |
| (1) | An investigator shall follow the direction and supervision by his/her superiors with respect to investigative affairs. |
| (2) | If an investigator holds a different view on the lawfulness or legitimacy of the direction and supervision under paragraph (1) over a specific case, he/she may raise an objection. |
| (3) | The Chief Investigator of the Korean Tribunal shall direct and supervise all investigators in general as the supreme supervisor over investigative affairs, while he/she shall direct and supervise investigators of the Korean Tribunal and the chief investigator of each District Tribunal with respect to a specific case. |
[This Article Wholly Amended on Jun. 15, 2011]
| Article 18-2 (Delegation and Transfer of, and Succession to, Duties of Investigators) |
| (1) | The Chief Investigator of the Korean Tribunal or the chief investigator of a District Tribunal may authorize an investigator under his/her control to perform part of the affairs within his/her jurisdiction. |
| (2) | The Chief Investigator of the Korean Tribunal or the chief investigator of a District Tribunal may perform the duty of an investigator under his/her control by him/herself or may assign the performance of such duty to another investigator. |
[This Article Wholly Amended on Jun. 15, 2011]
| Article 18-3 (Formation of Special Investigation Board) |
| (1) | Where the Chief Investigator of the Korean Tribunal deems it necessary to conduct a special investigation into any of the following marine accidents in order to prevent marine accidents in addition to investigations upon a request for an inquiry, he/she may organize a special investigation board: |
| 1. | A marine accident that results in a loss of human life; |
| 2. | A marine accident that results in severe damage to a ship or any other facility to the extent that the ship or facility can no longer perform its essential functions; |
| 3. | A marine accident that results in serious marine pollution by leakage of oil, etc.; |
| 4. | A marine accident or near-miss requiring international cooperation for investigation, other than the marine accidents specified in subparagraphs 1 through 3. |
| (2) | A special investigation board under paragraph (1) (hereinafter referred to as “special investigation board”) shall be comprised of not more than 10 persons who fall under any of the following subparagraphs, and the head of the special investigation board shall be appointed by the Chief Investigator of the Korean Tribunal, from among investigators: Provided, That the Chief Investigator of the Korean Tribunal him/herself may serve as the head of a special investigation board, where a case is crucially important: |
| 1. | Investigators (including chief investigators; hereinafter the same shall apply); |
| 2. | Public officials from an agency related to marine accidents; |
| 3. | Experts that specialize in marine accidents. |
| (3) | The head of a special investigation board shall prepare an investigation report and submit the report to the Minister of Oceans and Fisheries and the Chief Investigator of the Korean Tribunal within ten days after he/she completes investigations, whereupon the Chief Investigator of the Korean Tribunal shall forward the submitted report to the heads of related administrative agencies and the International Maritime Organization (only if a marine accident shall be reported to the Organization pursuant to an international agreement that takes effect internationally in relation to investigation and inquiry into marine accidents). <Amended on Mar. 23, 2013> |
| (4) | The Chief Investigator of the Korean Tribunal shall publish an investigation report under paragraph (3): Provided, That the foregoing shall not apply where such publishing is likely to undermine the national security. |
| (5) | Where any significant evidence likely to change the outcomes of an investigation into a marine accident is discovered after the investigation by a special investigation board into such marine accident is completed, the Chief Investigator of the Korean Tribunal may re-investigate the marine accident. |
| (6) | Investigations by a special investigation board into a marine accident shall be independently conducted, separately from judicial proceedings for civil and criminal liabilities, procedures for conducting an investigation upon a request for inquiry, procedures for taking an administrative disposition, and the proceedings of administrative litigation, and Articles 18 and 18-2 shall not apply to investigators of a special investigation board. |
| (7) | Information acquired in the course of conducting investigations by a special investigation board into a marine accident shall be disclosed to the public: Provided, That it is not required to disclose the information specified by Presidential Decree that is likely to have a negative impact on investigations into the relevant marine accident or investigations into marine accidents in the future or likely to undermine the national security or invade a person’s privacy. |
| (8) | Necessary matters concerning the operation of a special investigation board, including procedures for conducting an investigation into a marine accident and methods for preparing an investigation report, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 15, 2011]
| Article 19 (Direction and Supervision of General Affairs by Investigators) |
The Commissioner of the Korean Tribunal and the commissioner of a District Tribunal shall direct and supervise the general affairs of investigators. In such cases, he/she shall not take part in or influence the affairs proper to investigators.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 20 Deleted. <Jan. 5, 1999> |
| Article 20-2 (Training and Education of Judges and Investigators) |
If deemed necessary for improving the quality of judges, investigators and other personnel, the Commissioner of the Korean Tribunal may conduct training and education, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Dec. 29, 2009]
The District Tribunals shall make inquiries in the first instance, and the Korean Tribunal, in the second instance.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 22 (Organization and Resolutions of Inquiry Board) |
| (1) | A District Tribunal shall make inquiries in a collegiate board comprised of three judges: Provided, That one judge shall make an inquiry into a minor case specified by Presidential Decree or a summary inquiry case under Article 38-2. <Amended on Jun. 15, 2011> |
| (2) | The Korean Tribunal shall make inquiries in a collegiate board comprised of five judges. |
| (3) | Each Tribunal shall allow two non-permanent judges nominated by the commissioner to participate in cases referred to in Article 14 (2), notwithstanding paragraphs (1) and (2). |
| (4) | The collegiate inquiry board shall make a resolution by the consent of a majority of judges organizing a collegiate board (including the presiding judges and non-permanent judges). |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 22-2 (Organization of Special Inquiry Division) |
| (1) | The Commissioner of the Korean Tribunal may organize a special inquiry division in the District Tribunal having jurisdiction over the case concerned, when he/she deems that high expertise is required for closely examining the cause of any of the following marine accidents: |
| 1. | A marine accident in which 10 or more persons die or are injured; |
| 2. | A marine accident which causes serious damage to a ship and other facilities; |
| 3. | A marine accident which causes serious marine pollution due to the leakage of oil, etc. |
| (2) | The special inquiry division under paragraph (1) shall be comprised of two judges having expert knowledge on the examination into the causes of marine accidents and the commissioner of the District Tribunal having jurisdiction over the case concerned, and the commissioner of the District Tribunal shall be the presiding judge. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 23 (Personnel of Inquiry Board) |
| (1) | An inquiry board shall have clerks, inquiry tribunal guards and inquiry assistant personnel. |
| (2) | Clerks shall attend an inquiry, and take charge of preparing, keeping or serving documents under orders of the presiding judge and judges. |
| (3) | Inquiry tribunal guards shall take charge of maintaining order in the inquiry tribunal under orders of the presiding judge. |
| (4) | Inquiry assistant personnel shall take charge of assisting duties in inquiries under orders of the presiding judge and judges, except for the investigation of evidence and clerical work. |
| (5) | Clerks, inquiry tribunal guards and inquiry assistant personnel shall be designated or appointed by the commissioner, from among the staff under his/her jurisdiction. |
[This Article Wholly Amended on Dec. 29, 2009]
CHAPTER II-2 JURISDICTION OF TRIBUNALS
| Article 24 (Jurisdiction) |
| (1) | A case to be remitted to the inquiry shall come under the jurisdiction of the District Tribunal which has jurisdiction over the scene where a marine accident occurs: Provided, That where the scene of a marine accident is not ascertained, the jurisdiction shall belong to the Tribunal which has jurisdiction over the port in which the ship involved in the marine accident is registered. |
| (2) | Where the same case is pending in two or more District Tribunals, the inquiry thereof shall be made by the District Tribunal which has received the initial request for inquiry. |
| (3) | Where two or more cases relating to the same ship are pending in two or more District Tribunals, all cases shall be subject to the inquiry of the District Tribunal which has received the initial request for inquiry. <Amended on Dec. 31, 2018> |
| (4) | Any District Tribunal making inquiries into at least two cases relating to the same ship may, if deemed necessary, separate or consolidate such inquiries ex officio or by decision upon request by an investigator, person involved in the marine accident, or inquiry counsel. <Amended on Dec. 31, 2018> |
| (5) | The jurisdiction over cases which occur outside the Republic of Korea shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 25 (Transfer of Cases) |
| (1) | Where a District Tribunal deems that a case does not belong to its jurisdiction, it shall transfer, by decision, the case to the competent District Tribunal. |
| (2) | No District Tribunal to which the case was transferred under paragraph (1) may re-transfer the case to another District Tribunal. |
| (3) | The case transferred under paragraph (1) shall be deemed pending originally in the District Tribunal to which it is transferred. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 26 (Request for Transfer of Jurisdiction) |
| (1) | If it is deemed inconvenient for a person involved in a marine accident to appear in the competent District Tribunal, an investigator or the person involved in the marine accident may request the Korean Tribunal to change jurisdiction, as prescribed by Presidential Decree. In such cases, the requester may submit an application to the competent District Tribunal, and the competent District Tribunal in receipt thereof shall transmit it to the Korean Tribunal without delay. |
| (2) | Where a request is made under paragraph (1), if it is deemed convenient for the inquiry, the Korean Tribunal may change the jurisdiction, by decision. |
[This Article Wholly Amended on Dec. 29, 2009]
CHAPTER III INQUIRY COUNSELS
| Article 27 (Appointment of Inquiry Counsels) |
| (1) | A person involved in a marine accident or an interested party may appoint an inquiry counsel. |
| (2) | A legal representative, a spouse, lineal relatives and brothers and sisters of the person involved in a marine accident may appoint an inquiry counsel independently. |
| (3) | Inquiry counsels shall be appointed, from among those registered as inquiry counsels with the Korean Tribunal: Provided, That this shall not apply if permission from the commissioner of each Tribunal is granted. |
| (4) | If two or more inquiry counsels are appointed by the persons involved in a marine accident or interested parties who have the same interests in the results of an inquiry, one representative inquiry counsel shall be appointed. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 28 (Qualifications for and Registration of Inquiry Counsels) |
| (1) | A person qualified as an inquiry counsel shall be any of the following persons: <Amended on Mar. 23, 2013> |
| 1. | A person who falls under Article 9-2 (3) 1 through 4; |
| 2. | A person who has served as a judge or an investigator; |
| 3. | A person who, having obtained a license for first-class mate, engineer or operator, has engaged in legal advice service relating to marine affairs for not less than five years or has obtained a doctorate in law in the field of marine affairs prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 4. | A person who is admitted to the bar. |
| (2) | A person who intends to engage in business of an inquiry counsel shall register with the Commissioner of the Korean Tribunal, as prescribed by Presidential Decree. <Amended on Dec. 31, 2018> |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 28-2 (Disqualifications for Inquiry Counsels) |
None of the following persons shall be an inquiry counsel: <Amended on Dec. 31, 2018>
[This Article Wholly Amended on Dec. 29, 2009]
| Article 29 (Duties of Inquiry Counsels) |
| (1) | Inquiry counsels shall perform the following duties: |
| 1. | Representation or vicarious execution of an application, request, statement, etc. made by a person involved in a marine accident or an interested party to each Tribunal under this Act; |
| 2. | Technical consultation relating to a marine accident given to a person involved in a marine accident, etc. |
| (2) | The inquiry counsels shall conscientiously perform the duties delegated to them. |
| (3) | No current or former inquiry counsels may reveal any confidential information that they have learned in the course of performing their duties. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 29-2 (Revocation of Registration of Inquiry Counsels) |
Where any inquiry counsel falls under any of the following, the Commissioner of the Korean Tribunal shall revoke his/her registration as an inquiry counsel, as prescribed by Presidential Decree:
| 1. | When the inquiry counsel fails to meet the qualifications prescribed in Article 28 (1) or loses such qualifications; |
| 2. | When the inquiry counsel falls under any of the subparagraphs of Article 28-2; |
| 3. | When the inquiry counsel violates Article 29 (2) or (3); |
| 4. | When the inquiry counsel dies. |
[This Article Newly Inserted on Dec. 31, 2018]
| Article 30 (Selection of Tribunal-Appointed Inquiry Counsels) |
| (1) | Where a person involved in a marine accident is not represented by an inquiry counsel in any of the following cases, the competent Tribunal shall select an inquiry counsel (hereafter the same shall apply in this Article) ex officio, within the budgetary limits, from among persons registered pursuant to Article 28 (2): |
| 1. | Where the person involved in a marine accident is a minor; |
| 2. | Where the person involved in a marine accident is not less than 70 years of age; |
| 3. | Where the person involved in a marine accident has an impediment in hearing or speech; |
| 4. | Where the person involved in a marine accident is suspected to have a mental disorder. |
| (2) | Where a person involved in a marine accident cannot afford an inquiry counsel due to poverty or any other situation, the competent Tribunal may appoint an inquiry counsel for such person at his/her request, within the budgetary limits. |
| (3) | Where a Tribunal deems it necessary to protect the rights of a person involved in a marine accident, with consideration given to the age, intelligence, and educational background of the person, it may appoint an inquiry counsel for the person, within the budgetary limits. In such cases, the appointment of an inquiry counsel shall not be contrary to an intention expressly manifested by the person involved in a marine accident. |
| (4) | Necessary matters concerning the management of Tribunal-appointed inquiry counsels, including the selection of inquiry counsels under paragraphs (1) through (3), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 30-2 (Inquiry Counsels Association) |
| (1) | Inquiry counsels may establish the Inquiry Counsels Association (hereinafter referred to as the "Association") after obtaining permission therefor from the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | The Association shall be a corporation. |
[This Article Wholly Amended on Dec. 29, 2009]
The Association shall perform the following business:
| 1. | Inquiry aid of a person involved in a marine accident; |
| 2. | Business related to the prevention of marine accidents; |
| 3. | Arbitration of disputes between inquiry counsels and mandators; |
| 4. | Other business prescribed by Presidential Decree as related to inquiries. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 30-4 (Procedures of Incorporation) |
Matters necessary for the procedures for incorporation of the Association, particulars to be specified in the articles of association, executive officers and supervision shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 30-5 (Application Mutatis Mutandis of the Civil Act) |
Except as provided in this Act, the provisions of the Civil Act concerning the incorporated association shall be applicable mutatis mutandis to the Association. [This Article Wholly Amended on Dec. 29, 2009]
CHAPTER IV PRE-INQUIRY PROCEDURES
| Article 31 (Duties of Maritime Affairs and Fisheries Agency) |
| (1) | Where a maritime affairs and fisheries agency, police official, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu recognizes that a marine accident has occurred, he/she shall without delay inform such fact to an investigator of the competent District Tribunal with a detailed statement thereof. <Amended on Mar. 24, 2014; Dec. 22, 2020> |
| (2) | Where an investigator requests the relevant agency to provide cooperation in order to collect the evidence, or conduct an investigation, of a marine accident, the relevant agency shall comply therewith. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 31-2 (Informing of Marine Near-Misses) |
| (1) | In order to prevent marine accidents, the owner or operator of a ship shall inform the Chief Investigator of the Korean Tribunal of a marine near-miss that occurs in connection with the operation of the ship (excluding fishing vessels defined in subparagraph 1 of Article 2 of the Fishing Vessels Act; hereafter the same shall apply in this Article), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | Where the Chief Investigator of the Korean Tribunal discovers any possible risk factor that may cause a hazard to the safety of ships and people and the marine environment as a result of his/her analysis on information provided pursuant to paragraph (1), he/she shall notify such fact to the relevant persons, including the owner of a ship. |
| (3) | The Chief Investigator of the Korean Tribunal shall not disclose the identity of a person who informs of a marine near-miss pursuant to paragraph (1), contrary to the person’s intention. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 32 (Duties of Consuls) |
| (1) | Where any consul recognizes that a marine accident has occurred outside the Republic of Korea, he/she shall without delay collect the evidence of such marine accident and notify the Chief Investigator of the Korean Tribunal thereof. |
| (2) | The Chief Investigator of the Korean Tribunal shall, upon receiving the notification under paragraph (1), transmit it to the chief investigator of the competent District Tribunal without delay. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 33 (Request for Investigation of Fact) |
| (1) | A person who has an interest in a marine accident may request the competent investigator to investigate the fact with a detailed statement thereof. |
| (2) | The investigator shall, upon receiving the request under paragraph (1), investigate the fact, make a decision as to whether to file a request for an inquiry, and notify the person who made such request of the results thereof. |
| (3) | Where the investigator refuses the request for an inquiry filed under paragraph (2), he/she shall obtain the prior approval of the Chief Investigator of the Korean Tribunal. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 34 (Investigation and Settlement of Marine Accidents) |
| (1) | When an investigator finds that a marine accident has occurred, he/she shall promptly investigate such fact and collect evidence. |
| (2) | If deemed unnecessary to remit a case to an inquiry as a result of an investigation, an investigator shall take a disposition not subject to inquiry for such case. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 35 (Preservation of Evidence) |
| (1) | Where an investigator, a person involved in a marine accident, or an inquiry counsel deems it impracticable to admit a material as evidence unless such material is preserved as evidence and files an application for the preservation of evidence, the competent Tribunal may conduct an inspection or hear expert opinions even before a request for an inquiry is filed. <Amended on Jun. 15, 2011> |
| (2) | The evidence shall be indicated in writing in an application filed under paragraph (1), and the reason for preserving such evidence shall be stated therein. |
| (3) | No one shall conduct any of the following acts where a marine accident occurs: Provided, That this shall not apply where it is necessary to perform the act referred to in subparagraph 5 in order to protect significant public interests, such as ensuring safety of seafarers or a ship and protecting the marine environment, or to rescue human lives: <Amended on Mar. 24, 2014; Dec. 31, 2018> |
| 1. | Destruction or alteration of the following publications, documents, etc. which are kept, recorded or preserved in a ship involved in the marine accident (including electronic publications, documents, etc.; hereafter referred to as "records" in this paragraph): |
| (b) | Documents the captain should keep in the ship pursuant to Article 20 (1) of the Seafarers Act and documents the captain should record and keep pursuant to paragraph (2) of the same Article; |
| 2. | Destruction or alteration of records, which are prepared and preserved or kept in a ship involved in the marine accident either by the owner of the relevant ship for which a safety control system under Article 46 (2) of the Maritime Safety Act should be established and implemented or by a safety control agency under Article 51 of the same Act, with respect to the establishment and implementation of the safety control system for the relevant ship; |
| 3. | Destruction or alteration of records, which are prepared and preserved either by the owner of a ship involved in the marine accident, other than the ship referred to in subparagraph 2, or by a ship manager referred to in subparagraph 2 of Article 2 of the Ship Management Industry Development Act, with respect to the operation and maintenance of the relevant ship and the management of its seafarers; |
| 5. | Repair of the damaged hull, engine and various instruments and meters or other damaged part of a ship involved in the marine accident. |
| (4) | The captain of a ship in which a voyage date recorder prescribed by the standards for ship's facilities (hereafter referred to as "voyage date recorder" in this paragraph) is installed pursuant to Article 26 of the Ship Safety Act shall take measures, without delay, to preserve the information in the voyage date recorder, where any marine accident occurs in connection with the ship. <Newly Inserted on Mar. 24, 2014> |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 36 (Confidentiality) |
Investigators or their assistants shall keep confidentiality while investigating facts and collecting evidence, and shall not impair the honor of related persons.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 37 (Authority of Investigators) |
| (1) | Any investigator may take the following dispositions, if required for performing their duties: |
| 1. | Having persons involved in a marine accident attend or asking questions to them; |
| 2. | Inspecting ships or other places; |
| 3. | Ordering persons involved in a marine accident to report or to present books, documents or other things; |
| 4. | Requesting public agencies to report, to submit materials and to provide cooperation; |
| 5. | Having a witness, expert witness, interpreter or translator appear or testify, give an expert opinion, interpret or translate. |
| (2) | Any investigator may, if deemed especially necessary, request a maritime affairs and fisheries agency to land the person subject to a disposition under paragraph (1) 1 for a period not exceeding 72 hours. |
| (3) | When an investigator takes a disposition under paragraph (1) 2, he/she shall carry a certificate indicating his/her authority and produce it to a related person. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 38 (Requests for Inquiry) |
| (1) | Where an investigator deems that a case needs to be referred to an inquiry, he/she shall file a request for an inquiry with the competent District Tribunal: Provided, That he/she shall not file a request for an inquiry into a marine accident for which three years have passed since the marine accident occurred. |
| (2) | A request under paragraph (1) shall be filed, in writing, stating the fact of a marine accident. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 38-2 (Requests for Summary Inquiry) |
| (1) | If an investigator deems it unnecessary to summon persons involved in any of the following minor marine accidents, he/she may file a request for a summary inquiry: Provided, That such request shall not be made contrary to an intention expressly manifested by a person involved in a marine accident: |
| 1. | An accident with no loss of human life; |
| 2. | An accident by which no ship or other facility has lost its essential function; |
| 3. | An accident by which pollutants are discharged to the ocean in quantities not exceeding the levels prescribed by Presidential Decree. |
| (2) | A request for a summary inquiry under paragraph (1) shall be filed along with a request for an inquiry, in writing. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 39 (Designation and Notification of Persons Involved in Marine Accidents) |
| (1) | Where an investigator files a request for an inquiry pursuant to Article 38, he/she shall designate a person deemed relevant to the cause of the occurrence of a marine accident as a person involved in the marine accident. |
| (2) | Where an investigator designates a person involved in a marine accident pursuant to paragraph (1), he/she shall notify the details thereof to the person involved in the marine accident, as prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
[This Article Wholly Amended on Dec. 29, 2009]
[Title Amended on Feb. 18, 2020]
| Article 39-2 (Application for Inquiry by Interested Parties) |
| (1) | If it is deemed necessary to examine the causes of a marine accident for which a disposition not subject to inquiry under Article 34 (2) has been taken, a person who has interests in such marine accident may make an application for an inquiry to the competent District Tribunal as to whether such disposition is appropriate, as prescribed by Presidential Decree. |
| (2) | Where an application for an inquiry is made pursuant to paragraph (1), the competent District Tribunal shall, by decision, have an investigator initiate an investigation and request an inquiry if such application is deemed well-grounded, or dismiss such application by decision if it is deemed groundless. |
[This Article Wholly Amended on Dec. 29, 2009]
CHAPTER V INQUIRY OF DISTRICT TRIBUNAL
| Article 40 (Commencement of Inquiry) |
A District Tribunal shall commence an inquiry upon an investigator's request for an inquiry.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 41 (Public Inquiry) |
The confrontation trials and judgments of an inquiry shall be made in an open inquiry court.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 41-2 (Remote Video Inquiry) |
| (1) | Notwithstanding Article 41, where a person involved in a marine accident is unable to appear before an inquiry tribunal in person due to a traffic problem, etc, the commissioner of the Tribunal may conduct a remote video inquiry. <Amended on Dec. 31, 2018> |
| (2) | A remote video inquiry referred to in paragraph (1) shall be deemed an inquiry held at an inquiry tribunal with the attendance of persons involved in the relevant marine accident. <Newly Inserted on Dec. 31, 2018> |
| (3) | Necessary matters concerning the procedures, etc. of a remote video inquiry under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 31, 2018> |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 41-3 (Procedures for Summary Inquiry) |
| (1) | A case for which a request for a summary inquiry has been filed pursuant to Article 38-2 (1) shall be examined in writing without the proceedings of commencing the inquiry: Provided, That a case on which judgment is notified shall be examined in accordance with procedures prescribed in Article 55. |
| (2) | When a case is examined by summary inquiry under paragraph (1), the presiding judge shall give persons involved in a marine accident an opportunity to file written arguments by a specified deadline. |
| (3) | If a Tribunal deems it improper to examine a case by summary inquiry under paragraph (1), it may decide to examine the case by the proceedings of commencing the inquiry. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 42 (Power of Presiding Judge) |
| (1) | Any presiding judge shall supervise an inquiry while opening the court, and maintain order in the court. |
| (2) | Any presiding judge may order any person interfering with the inquiry to leave the court, or take other measures necessary to maintain order in the court. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 43 (Designation and Change of Inquiry Date) |
| (1) | Any presiding judge shall determine the date of inquiry. |
| (2) | Any person involved in a marine accident shall be summoned on the inquiry date: Provided, That the presiding judge may choose not to summon the person involved in a marine accident who has attended once or more times. |
| (3) | The presiding judge shall notify the date of inquiry to investigators involved, inquiry counsels, interested parties permitted to intervene in the inquiry under Article 44-2, and persons involved in a marine accident but not summoned to the inquiry. <Amended on Jun. 15, 2011> |
| (4) | The presiding judge may change the initial inquiry date ex officio or upon the application of a person involved in a marine accident, investigator or inquiry counsel on one occasion. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 43-2 (Concentrated Trial) |
| (1) | Where it takes two or more days to conduct a trial, a Tribunal shall conduct a concentrated trial continuing holding a court every day as far as practicable. |
| (2) | The presiding judge shall set the following inquiry date within 10 days from the preceding inquiry date unless any special circumstance exists to the contrary. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 44 (Summon and Examination) |
Any District Tribunal may summon and examine a person involved in a marine accident, witnesses and other interested parties on the inquiry date.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 44-2 (Interested Parties’ Participation in Inquiry) |
| (1) | An interested party may participate in an inquiry and make statements with the presiding judge’s permission. |
| (2) | Where an interested party permitted to participate in an inquiry under paragraph (1) fails to respond two or more times to the summons or examination by the competent Tribunal under Article 44 or is found to interfere with the proceedings of the inquiry, the presiding judge may ex officio cancel permission for the interested party to participate in the inquiry. |
| (3) | Where the presiding judge permits a person to participate in an inquiry under paragraph (1) or cancels permission to participate in an inquiry under paragraph (2), he/she shall notify the permission or cancellation to the relevant investigators, persons involved in a marine accident and inquiry counsels. |
| (4) | Necessary matters concerning procedures, etc. for participation by interested parties in an inquiry shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 44-3 (Stenography, Audio Recording and Video Recording at Inquiry Tribunals) |
| (1) | Upon request by an investigator, person involved in a marine accident or inquiry counsel, the presiding judge shall have a stenographer take stenographic notes, or make audio or video recordings (including those with sound recordings; hereinafter the same shall apply) of all or part of the trials at the inquiry tribunal, using an audio or video recording device, unless there is any compelling reason not to do so. |
| (2) | Where it is deemed necessary, the presiding judge may ex officio have a stenographer take stenographic notes, or make audio or video recordings, of all or part of the trials at the inquiry tribunal. |
| (3) | The stenographic notes, audio recordings and video recordings referred to in paragraphs (1) and (2) shall constitute part of the records of the inquiry. |
[This Article Newly Inserted on Dec. 31, 2018]
| Article 44-4 (Perusal or Duplication of Related Documents and Evidence) |
| (1) | A person involved in a marine accident, interested party, or inquiry counsel may apply for the perusal or duplication of the records of inquiry, other related documents or evidence to a District Tribunal. In such cases, the District Tribunal shall accept the application unless there is any compelling reason not to do so, including that it is necessary to restrict perusal or duplication in order to preserve the evidence. |
| (2) | Where any person who has applied for perusal or duplication pursuant to paragraph (1) is unable to read the records of inquiry, other related documents or evidence, he/she may request that the District Tribunal read the relevant documents or evidence for him/her. |
| (3) | Where there is a danger of seriously harming the life or physical safety of a person involved in a marine accident, witness, etc., a District Tribunal shall take protective measures for preventing disclosure of his/her personal information such as name and address, prior to the perusal, duplication, etc. prescribed in paragraphs (1) and (2). |
| (4) | The application procedures for perusal, duplication, etc., the methods for protecting personal information, and other necessary matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 31, 2018]
| Article 45 (Necessary Oral Pleadings) |
| (1) | The judgment on an inquiry shall be made only through oral pleadings: Provided, That oral pleadings are not required for judgment in any of the following cases: |
| 1. | Where a person involved in a marine accident fails to make an appearance on the inquiry date without any justifiable ground; |
| 2. | Where a person involved in a marine accident files a written pleading with permission from the presiding judge; |
| 3. | Where the presiding judge deems it unnecessary to summon persons involved in a marine accident in order to discover the cause of the accident on any ground, such as where oral pleadings by persons involved in a marine accident are unnecessary because investigations conducted by investigators into the accident are sufficient; |
| 4. | Where a case is examined by summary inquiry under Article 41-3. |
| (2) | In cases falling under paragraph (1) 3, oral pleadings shall not be omitted contrary to an intention expressly manifested by a person involved in the relevant marine accident. |
[This Article Wholly Amended on Jun. 15, 2011]
| Article 46 (Identity Interrogation) |
Any presiding judge shall verify the identity of a person involved in a marine accident by questioning his/her name, resident registration number and address, and by questioning the type, etc. of licenses if the person involved in a marine accident is a ship officer or a pilot.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 47 (Opening Statement of Investigator) |
An investigator shall state the summary of the request for an inquiry according to his/her written request for the inquiry.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 48 (Investigation of Evidence) |
| (1) | Any District Tribunal may investigate necessary evidence, ex officio or upon the application of an investigator, person involved in a marine accident or inquiry counsel. |
| (2) | Any District Tribunal may, before the initial inquiry day, make an investigation only by the following means: |
| 1. | Inspection of ships or other places; |
| 2. | Order to present books, documents and other things; |
| 3. | Request for reporting or presentation of materials to public agencies. |
| (3) | The actions of the District Tribunals shall not result in the confinement, seizure, search or other compulsory actions against a person, thing or place. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 48-2 (Use of Hangul for Evidential Material) |
Documents, such as logbooks, presented as evidence to each Tribunal shall be in principle produced in Korean (including the use of Korean and Chinese characters in combination), and where documents prepared in a foreign language are presented, a translation thereof shall be attached thereto.
[This Article Wholly Amended on Dec. 29, 2009]
Where a District Tribunal has a witness, expert witness, interpreter or translator to testify, give an expert opinion, interpret or translate for investigation of evidence under Article 48 (1), it shall put him/her on his/her oath in such manner as prescribed by Presidential Decree. [This Article Wholly Amended on Dec. 29, 2009]
| Article 49-2 (Change in Written Requests for Inquiry) |
| (1) | An investigator may change a case name entered in a written request for an inquiry or add, retract or change the occurrence of a marine accident or persons involved in a marine accident. |
| (2) | A presiding judge may request, in writing, the investigator to add, retract or change persons involved in a marine accident as deemed necessary in light of the progress of a trial. |
| (3) | Where any fact relevant to a marine accident or a person involved in a marine accident is added, retracted, or changed pursuant to paragraphs (1) and (2), the presiding judge shall without delay notify the addition, retractation, or change to persons involved in the marine accident, inquiry counsels, and interested parties permitted to participate in the inquiry under Article 44-2. <Amended on Jun. 15, 2011> |
| (4) | Matters necessary for the requirements, procedures, etc. for the addition to, retraction of or changes in a written request for an inquiry referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 49-3 (Withdrawal of Request for Inquiry) |
In cases prescribed by Presidential Decree, where an inquiry into a case for which a request for the inquiry was made is unnecessary, an investigator may withdraw the inquiry before a judgment in the first instance is made: Provided, That this shall not apply to cases requested by the investigator by decision of the Tribunal pursuant to Article 39-2. [This Article Wholly Amended on Dec. 29, 2009]
| Article 50 (Principle of Evidential Inquiry) |
The investigation shall be based on the evidence investigated on the inquiry day.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 51 (Principle of Free Evaluation of Evidence) |
The probative force of evidence shall depend on the free judgment of judges.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 52 (Judgment on Dismissal of Inquiry Request) |
A District Tribunal shall dismiss, by judgment, any request for an inquiry in the following cases:
| 1. | Where it is not authorized to inquire into a case; |
| 2. | Where a request for an inquiry is made in contravention of statutes or regulations; |
| 3. | Where it is impossible to make an inquiry under Article 7. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 53 (Specification of Reasons for Judgment) |
In a judgment, the text and reason therefor shall be specified.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 54 (Judgment on Merits) |
In making a judgment on the merits, the concrete fact and cause of a marine accident shall be clarified, and the reason why the fact is found shall be specified on the basis of evidence: Provided, That if it is found that the fact does not exist, the purport thereof shall be specified.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 55 (Announcement of Judgment) |
Judgment shall be announced by a presiding judge pursuant to the script of the judgment in an inquiry court.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 56 (Service of Written Judgment) |
The commissioner of each Tribunal shall serve an authentic copy of its written judgment on the investigator and persons involved in the marine accident or inquiry counsel within 10 days from the date on which judgment is announced pursuant to Article 55. [This Article Wholly Amended on Dec. 29, 2009]
| Article 56-2 (Method of Service) |
Matters necessary for notification or service of documents to a person involved in a marine accident, inquiry counsel or proxy shall be prescribed by Presidential Decree. <Amended on Feb. 18, 2020>
[This Article Wholly Amended on Dec. 29, 2009]
| Article 57 (Reference to Statutes or Regulations) |
Except as provided in this Act, matters necessary for the procedures for an inquiry shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2009]
CHAPTER VI INQUIRIES BY KOREAN TRIBUNAL
| Article 58 (Request for Second Instance) |
| (1) | Where an investigator or person involved in a marine accident is dissatisfied with the judgment (including the judgment of a special inquiry division) of a District Tribunal, he/she may request a second instance to the Korean Tribunal. |
| (2) | An inquiry counsel may make a request under paragraph (1) on behalf of the person involved in the marine accident: Provided, That such request shall not be made against the expressed intention of the person involved in the marine accident. |
| (3) | A request for a second instance shall be submitted, in writing, to the Tribunal which made the original judgment, specifying the reason therefor. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 59 (Period for Request for Second Instance) |
| (1) | A request under Article 58 shall be made within 14 days from the date on which an authentic copy of a written judgment is served. |
| (2) | Where a person entitled to make a request for a second instance fails to do so within the period referred to in paragraph (1) due to a reason unattributable to himself/herself, the person may make a request in writing to the Tribunal which made the original judgment within 14 days from the date on which such reason ceases to exist. |
| (3) | In the case of paragraph (2), the relevant reason shall be explained in detail. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 60 (Effect of Request for Second Instance) |
The effect of a request for a second instance shall exert over the case concerned and all the relevant parties.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 61 (Withdrawal of Request for Second Instance) |
A person who made a request for a second instance may withdraw his/her request until a judgment thereon is made.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 62 (Dismissal of Request Due to Violation of Statutes or Regulations) |
Where the procedures for a request for a second instance are in contravention of statutes or regulations, the Korean Tribunal shall, by judgment, dismiss the request.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 63 (Remand of Cases) |
Where a District Tribunal dismisses a request for an inquiry in contravention of statutes or regulations, the Korean Tribunal shall, by judgment, remand the case to the District Tribunal.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 64 (Dismissal of Request Due to Causes of Dismissal by District Tribunal) |
Where a District Tribunal fails to dismiss a request for an inquiry in disregard of the existence of a ground falling under any of the subparagraphs of Article 52, the Korean Tribunal shall, by judgment, dismiss the request. [This Article Wholly Amended on Dec. 29, 2009]
| Article 65 (Judgment on Merits) |
Except in the case of Articles 62 through 64, the Korean Tribunal shall make a judgment on the merits. [This Article Wholly Amended on Dec. 29, 2009]
| Article 65-2 (Prohibition of Change to Disadvantages) |
Where a ship officer or pilot involved in a marine accident requests a second instance or a request for a second instance is made for the benefit of a ship officer or pilot involved in a marine accident, more serious disciplinary action than that judged at the first instance shall not be judged.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 66 (Provisions Applicable Mutatis Mutandis) |
Except as provided in this Chapter, the Korean Tribunal shall apply the provisions of Chapter V mutatis mutandis to inquiries: Provided, That Articles 41-3 and 49-2 (1) and (2) (limited to persons added, retracted, or changed, from among persons involved in a marine accident) shall not apply mutatis mutandis. <Amended on Jun. 15, 2011> [This Article Wholly Amended on Dec. 29, 2009]
| Article 67 (Objection to Decision) |
| (1) | A person against whom a decision was made by a District Tribunal may raise an objection to the Korean Tribunal. |
| (2) | An objection may be raised until a judgment on the second instance is made. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 68 (Procedures for Objection) |
| (1) | An objection shall be filed in writing with a District Tribunal. |
| (2) | Where a District Tribunal deems that an objection is reasonable, it may rectify the original decision. |
| (3) | Where a District Tribunal deems that an objection is, in whole or in part, unreasonable, it shall send the written objection to the Korean Tribunal within three days after receiving it. |
| (4) | No objection shall suspend the execution of the original decision: Provided, That if a District Tribunal deems that a reasonable ground exists, it may suspend its execution after considering the opinions of an investigator. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 69 (Objection, Related Documents and Evidence) |
| (1) | Where an objection is raised, a District Tribunal shall, if necessary, send to the Korean Tribunal the original process-verbal, other related documents and evidence. |
| (2) | The Korean Tribunal may demand a District Tribunal to send the original process-verbal, other related documents and evidence. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 70 (Suspension of Execution for Original Decision) |
| (1) | If a reasonable ground is deemed to exist when an objection is raised, the Korean Tribunal may, by decision, suspend the execution of the original decision after considering the opinions of an investigator. |
| (2) | In the case of paragraph (1), the Korean Tribunal shall send an authentic copy of its written decision to the District Tribunal. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 71 (Decision on Objection) |
| (1) | The Korean Tribunal shall make a decision on an objection after considering the opinions of an investigator. |
| (2) | Where an objection is in contravention of the relevant procedures or is groundless, a decision on dismissal of such objection shall be made. |
| (3) | In a decision under paragraphs (1) and (2), the reason therefor need not be stated. |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 72 (Notification of Decision to District Tribunal) |
Any decision of the Korean Tribunal on an objection shall be notified to the person who raised the objection and the District Tribunal.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 73 (Delegation Provisions) |
Matters necessary for the decision on an objection shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2009]
CHAPTER VIII LITIGATION OVER JUDGMENT OF KOREAN TRIBUNAL
| Article 74 (Jurisdiction, Period for Instituting Litigation and Restriction Thereon) |
| (1) | Any litigation over a judgment of the Korean Tribunal shall be exclusively subject to the jurisdiction of the high court having jurisdiction over the place of location of the Korean Tribunal. <Amended on May 21, 2014> |
| (2) | The litigation referred to in paragraph (1) shall be instituted within 30 days from the date on which an authentic copy of a written judgment is served. |
| (3) | The period referred to in paragraph (2) shall be the peremptory term. |
| (4) | No litigation shall be instituted over the judgment of a District Tribunal. |
[This Article Wholly Amended on Dec. 29, 2009]
In a litigation prescribed in Article 74 (1), the Commissioner of the Korean Tribunal shall be the defendant. [This Article Wholly Amended on Dec. 29, 2009]
| Article 76 Deleted. <Feb. 5, 1999> |
| (1) | Where a court deems that the litigation instituted pursuant to Article 74 is well-grounded, it shall revoke the judgment by court ruling. <Amended on May 21, 2014> |
| (2) | Where a ruling on revocation of judgment has become final and conclusive pursuant to paragraph (1), the Korean Tribunal shall reconduct an inquiry and make a judgment. |
| (3) | In the ruling of a court under paragraph (1), the decision which becomes a reason for revocation of judgment shall bind the Korean Tribunal with respect to such case. |
| (4) | Except as provided in this Act, the Administrative Litigation Act shall apply mutatis mutandis to a litigation over a judgment of the Korean Tribunal under this Act. |
[This Article Wholly Amended on Dec. 29, 2009]
CHAPTER IX EXECUTION OF JUDGMENT
| Article 78 (Time for Execution of Judgment) |
A judgment shall be executed after it has become final and conclusive.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 79 (Authority to Execute Judgment) |
A judgment of the Korean Tribunal shall be executed by the Chief Investigator of the Korean Tribunal, and those of District Tribunals, by the chief investigator of the competent District Tribunal.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 80 (Execution of Judgment on Revocation of License) |
When a judgment on the revocation of a license becomes final and conclusive, the investigator shall withdraw the license of a ship officer or pilot, and send it to the relevant maritime affairs and fisheries agency.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 81 (Execution of Judgment on Suspension of Business) |
When a judgment on the suspension of business operation becomes final and conclusive, the competent investigator shall seize the license of the relevant ship officer or pilot, keep it in custody, and return it after the period of business suspension ends: Provided, That such license shall not be seized if execution is suspended by judgment under Article 6-2. [This Article Wholly Amended on Jun. 15, 2011]
| Article 81-2 (Invalidation of Disciplinary Actions) |
Where a ship officer or pilot against whom a disciplinary action of business suspension or reprimand under Article 5 has been taken has an accident-free navigation record for five or more years after the execution of a judgment on the disciplinary action is terminated, the disciplinary action is invalidated. In such cases, necessary matters concerning the procedures for the cancellation of the record on such disciplinary action shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Dec. 29, 2009]
| Article 82 (Declaration of Invalidity of Licenses and Public Notice Thereof) |
Where a person subject to the judgement on the revocation of a license or suspension of business fails to present his/her license of ship officer or pilot to the investigator, the Chief Investigator of the Korean Tribunal shall declare the invalidity of such license, and, after giving public notice thereof in the Official Gazette, shall report it to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Dec. 29, 2009]
| Article 83 (Public Announcement of Judgment) |
Where the Chief Investigator of the Korean Tribunal has made a judgment recommending or ordering rectification and improvement under Article 5 (3), he/she shall publicly announce the details of the judgment in the Official Gazette and report it to the Minister of Oceans and Fisheries: Provided, That if deemed necessary, the public announcement may be made in newspapers in place of the Official Gazette. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Dec. 29, 2009]
| Article 84 (Implementation of Judgment) |
| (1) | Any of the following persons shall take necessary measures according to the relevant purport, and if the chief investigator orders him/her to inform the details of such measures, he/she shall do so without delay: |
| 1. | A person subject to a judgment ordering rectification or improvement pursuant to Article 5 (3); |
| 2. | A person who has been requested to take corrective or improvement measures pursuant to Article 5-2. |
| (2) | Where the chief investigator deems that relevant measures are inadequate, he/she may examine the details of the informing referred to in paragraph (1) and demand the implementation thereof. |
[This Article Wholly Amended on Dec. 29, 2009]
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 85 (Payment of Allowance to Witnesses) |
A witness, expert witness, interpreter or translator attending pursuant to this Act may be paid travel expenses, per diem, accommodation charges, and expert opinion, interpretation or translation fees, as prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2009]
| Article 85-2 (Prohibition of Disadvantageous Treatment) |
No one shall be dismissed, transferred, given a disciplinary action, treated unfairly, or receive other disadvantages, in connection with his/her status and treatment for bearing witness, giving an expert opinion, making a statement, or submitting materials or articles under this Act with respect to investigation and inquiry into a marine accident.
[This Article Newly Inserted on Mar. 24, 2014]
| Article 86 (Allowances for Non-Permanent Judges) |
Non-permanent judges participating in an inquiry and Tribunal-appointed inquiry counsels selected pursuant to Article 30 may be reimbursed for allowances, as prescribed by Presidential Decree. [This Article Wholly Amended on Jun. 15, 2011]
| Article 87 (Restriction on Administrative Appeal) |
A judgment made under this Act shall not be subject to any administrative appeal or objection under the Administrative Appeals Act or other statutes or regulations. [This Article Wholly Amended on Dec. 29, 2009]
A person who intends to be issued a certified copy of a written judgment, decision, etc. prescribed in this Act from each Tribunal, or to duplicate the records of inquiry, other related documents or evidence shall pay fees prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 31, 2018>
[This Article Wholly Amended on Dec. 29, 2009]
| Article 88-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 1. | A non-permanent judge participating in an inquiry under Article 14 (2); |
| 2. | An expert specializing in marine accidents and taking charge of an investigation in a special investigation board under Article 18-3. |
[This Article Newly Inserted on Jun. 15, 2011]
| Article 88-3 (Establishment and Operation of Marine Accident Information System) |
| (1) | The Commissioner of the Korean Tribunal may establish and operate a marine accident information system in order to efficiently manage information related to investigations and inquiries into marine accidents. |
| (2) | The Commissioner of the Korean Tribunal shall not use information managed through the marine accident information system referred to in paragraph (1) for purposes other than conducting duties for investigations and inquiries into marine accidents, and shall take measures to prevent infringement of personal information, etc. of persons involved in marine accidents, witnesses, etc. |
| (3) | Matters necessary for the establishment, operation, etc. of the marine accident information system, other than those prescribed in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 31, 2018]
CHAPTER XI PENALTY PROVISIONS
| Article 89 (Penalty Provisions) |
A person who reveals confidential information which he/she has learned in the performance of his/her duties in violation of Article 29 (3) shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding 10 million won. [This Article Wholly Amended on Dec. 29, 2009]
| Article 90 (Administrative Fines) |
| (1) | Any person who gives disadvantages, such as dismissal, transfer, a disciplinary action, unfair treatment and other disadvantages in connection with the status and treatment, to a person who has borne witness, given an expert opinion, made a statement, or submitted materials or articles with respect to investigation and inquiry into a marine accident for doing so, in violation of Article 85-2, shall be punished by an administrative fine not exceeding 10 million won. <Newly Inserted on Mar. 24, 2014> |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended on Mar. 24, 2014; Dec. 31, 2018> |
| 1. | A person who fails to implement a judgment ordering correction or improvement under Article 5 (3); |
| 3. | A person who fails to comply with a disposition of the investigator under of Article 37 (1) 1 through 3, or who interferes with a compliance with the disposition: Provided, That in cases falling under Article 37 (1) 1 and 3, a person who is not directly related to the cause of a marine accident shall be excluded therefrom; |
| 4. | A person who refuses, interferes with or evades an inspection conducted by each Tribunal under Article 48 (2) 1; |
| 5. | A person who fails to present books, documents or other things which he/she is ordered to present by each Tribunal under Article 48 (2) 2, or who presents books, documents or other things having any false content; |
| 6. | A person who makes a false statement, in contravention of the oath under Article 49. |
| (3) | Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended on Mar. 24, 2014; Dec. 31, 2018> |
| 1. | A person involved in a marine accident who has been summoned on two consecutive occasions by each Tribunal but fails to appear without a justifiable reason; |
| 2. | A witness, expert witness, interpreter or translator who has been summoned on two consecutive occasions by each Tribunal but fails to appear or fulfill his/her duty without a justifiable reason; |
| 3. | A person who fails to obey an order by a presiding judge under Article 42 (2). |
| (4) | Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the commissioner of each Tribunal, as prescribed by Presidential Decree. <Amended on Mar. 24, 2014> |
[This Article Wholly Amended on Dec. 29, 2009]
| Article 91 Deleted. <Dec. 29, 2009> |
ADDENDA <Act No. 2306, Jan. 22, 1971>
| (1) | (Enforcement Date) This Act shall enter into force on the day as determined by Presidential Decree within the period not exceeding six months after its promulgation. |
| (2) | (Transitional Measures) The chairperson and members of the Marine Accidents Inquiry Commission who are in office as at the time this Act enters into force shall be considered to be appointed as the commissioner and judges of the Marine Accidents Inquiry Agencies under this Act, respectively. |
ADDENDA <Act No. 2582, Mar. 5, 1973>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The commissioner and judges whose retirement age is exceeded or whose term of office is terminated under this Act shall continue to perform their duties until their successors are appointed. In such cases, their term of office shall be extended to the day preceding the day of the appointment of their successors. |
ADDENDUM <Act No. 2876, Dec. 31, 1975>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3715, Dec. 31, 1983>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1984.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 3951, Nov. 28, 1987>
| (1) | (Enforcement Date) This Act shall enter into force three months after its promulgation. |
| (2) | (Transitional Measures concerning Commissioner of Korean Tribunal, Judges, Chief Investigator, and Investigators) The Commissioner of the Korean Tribunal, judges, chief investigator, and investigators in active service as at the time this Act enters into force shall be considered to be appointed as the Commissioner of the Korean Tribunal, judges, chief investigator, and investigators under this Act. |
| (3) | (Transitional Measures concerning Administrative Fines) For application of the provisions regarding administrative fines to an act committed before this Act enters into force, the previous provisions shall be applicable. |
ADDENDA <Act No. 4423, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on February 1, 1992.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the enforcement dates of Presidential Decrees relating to the organization of the Ministry of Maritime Affairs and Fisheries and of the National Maritime Police Agency pursuant to the amended provisions of Article 41 of this Act within 30 days from the date of the promulgation of this Act. Articles 2 through 4 Omitted.
ADDENDA <Act No. 5809, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 4 of Article 2 and Article 41-2 shall enter into force one year and six months after the date of its promulgation. Article 2 (Transitional Measures concerning Commissioner of Korean Tribunal, Commissioner of District Tribunal, Judges and Investigators)
Any person who fails to meet the qualification standards under this Act from among the Commissioner of the Korean Tribunal, the commissioners of District Tribunals, judges and investigators who are in office as at the time this Act enters into force shall be deemed to have met the qualification standards referred to in the amended provisions of Articles 9, 9-2 and 16-2 during the following periods: | 1. | The Commissioner of the Korean Tribunal, commissioners of District Tribunals, and judges: A period equivalent to the remainder of their terms of office; |
| 2. | Investigators: A period of not more than six months after this Act enters into force. |
Article 3 (Transitional Measures concerning Commissioned Judges)
Judges who have been commissioned as at the time this Act enters into force shall be deemed non-permanent judges under the amended provisions of Article 14. Article 4 (Transitional Measures concerning Marine Counsels)
| (1) | Marine counsels who have been registered with the Korean Tribunal as at the time this Act enters into force shall be deemed inquiry counsels registered with the Korean Tribunal pursuant to the amended provisions of Article 28 (2). |
| (2) | The Marine Counsels Association which has obtained permission from the Commissioner of the Korean Tribunal as at the time this Act enters into force shall be deemed the Inquiry Counsels Association which has obtained permission from the Minister of Oceans and Fisheries pursuant to the amended provisions of Article 30-2 (1). |
Article 5 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisons to acts committed before this Act enters into force shall be governed by the previous provisions.
Article 6 Omitted.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... Article 7 of the Addenda (excluding paragraphs (2) and (29)) shall enter into force January 1, 2008. Articles 2 through 7 Omitted.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDA <Act No. 8792, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Appointment of and Qualifications for Judges and Investigators) The amended provisions of Articles 9-2 (1) and (3) and 16-2 shall begin to apply to a judge and investigator appointed after this Act enters into force. |
| (3) | (Applicability to Disqualifications) The amended provisions of Article 10 shall begin to apply to a commissioner and judge appointed or an inquiry counsel registered after this Act enters into force. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... among the Acts amended under Article 6 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9854, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10802, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 9 (3) shall enter into force on the date of its promulgation. Article 2 (Applicability to Suspension of Execution)
The amended provisions of Article 6-2 shall begin to apply to cases on which a judgment is notified after this Act enters into force. Article 3 (Applicability to Interested Parties’ Participation in Inquiry)
The amended provisions of Article 44-2 shall begin to apply to cases into which an inquiry is requested after this Act enters into force.
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. 12547, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 31 (1) shall enter into force on the date of its promulgation, and the amended provisions of Article 13 (1) shall enter into force three months after the date of its promulgation. Article 2 (Applicability to Preservation of Information in Voyage Date Recorder)
The amended provisions of Article 35 (4) shall begin to apply to a marine accident that occurs after this Act enters into force. Article 3 (Transitional Measures concerning Commissioners and Judges)
A public official in extraordinary civil service who holds office as a commissioner or judge under the previous provisions as at the time the amended provisions of Article 13 (1) enter into force shall be deemed appointed, at the enforcement date of the same amended provisions, as a public official in a fixed term position under Article 26-5 of the State Public Officials Act from among public officials in general service. In such cases, the period of service as a public official in a fixed term position shall be the remaining period of the term of appointment as at the time he/she was appointed as a public official in extraordinary civil service. Article 4 (Transitional Measures concerning Preservation of Evidence)
Notwithstanding the amended provisions of Article 35 (3), the previous provisions shall apply to marine accidents that occurred before this Act enters into force.
ADDENDUM <Act No. 12660, May 21, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16164, Dec. 31, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17059, Feb. 18, 2020>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 17689, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 8 Omitted.