ENFORCEMENT DECREE OF THE HARBOR TRANSPORT BUSINESS ACT
Wholly Amended by Presidential Decree No. 15533, Dec. 8, 1997
Amended by Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 16071, Dec. 31, 1998
Presidential Decree No. 16372, May 27, 1999
Presidential Decree No. 18126, Nov. 11, 2003
Presidential Decree No. 20544, Jan. 11, 2008
Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 21002, Sep. 10, 2008
Presidential Decree No. 21878, Dec. 14, 2009
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 23935, Jul. 4, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25638, Sep. 24, 2014
Presidential Decree No. 26134, Mar. 3, 2015
Presidential Decree No. 27094, Apr. 12, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28508, Dec. 26, 2017
Presidential Decree No. 28845, Apr. 30, 2018
Presidential Decree No. 30993, Sep. 8, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31391, Jan. 12, 2021
The purpose of this Decree is to prescribe matters mandated by the Harbor Transport Business Act and those necessary for the enforcement thereof. [This Article Wholly Amended on Dec. 14, 2009]
| Article 2 (Types of Harbor Transport-Related Business) |
The business activities that can be conducted by the harbor transport-related business defined in Article 2 (4) of the Harbor Transport Business Act (hereinafter referred to as the “Act”) based on their type shall be as follows: <Amended on Apr. 30, 2018> | 1. | Harbor service business: Engaging in the following business activities: |
| (a) | Relaying communication between the carrying vessel and the harbor using the sampan; |
| (b) | Guarding the carrying vessel and providing a tugboat service to assist in the berthing and unberthing of the carrying vessel; |
| (c) | Such activities as cleaning ships (excluding the cleaning of oil tanks); removing sewage; disinfecting ships; collecting and transporting waste; securing cargo; and painting ships; |
| (d) | Supplying clean water for ships; |
| 2. | Ship chandling business: Business of supplying beverage, foods, consumables, ropes, spare parts, and accessories for repairing, furniture, and other similar chandleries; |
| 3. | Bunker fuel supplying business: Business of supplying fuels for ships; |
| 3-2. | Ship repairing business: Business of repairing, replacing, or painting ship facilities and equipment, such as the hull of a ship and engines; |
| 4. | Container repair business: Business of repairing containers. |
[This Article Wholly Amended on Dec. 14, 2009]
| Article 3 Deleted. <May 27, 1999> |
| Article 4 (Criteria for Registration of Harbor Transport Business) |
The criteria for registration of stevedoring services referred to in Article 6 of the Act shall be as specified in attached Table 1; and the criteria for registration of tallying business, appraising business, and weighing business shall be as specified in attached Table 2. [This Article Wholly Amended on Dec. 14, 2009]
| Article 5 (Qualifying Examinations of Tallyman) |
| (1) | The qualifying examination (hereinafter referred to as “examination”) for a tallyman, an appraiser, or a weighman referred to in Article 7 of the Act (hereinafter referred to as “tallyman, etc.”) shall be administered by type. |
| (2) | To administer an examination, the Minister of Oceans and Fisheries shall publicly announce the date, time, and venues for the examination, examination subjects, steps to apply for the examination, and other necessary matters, not later than 90 days prior to the date of the examination. <Amended on May 1, 2012; Mar. 23, 2013> |
| (3) | A person who intends to apply for the examination shall file an application form prescribed by the Minister of Oceans and Fisheries with said Minister. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 14, 2009]
| Article 6 Deleted. <May 27, 1999> |
| Article 7 (Classification of Examination) |
| (1) | The examination shall be conducted as a written examination and an interview. <Amended on Jul. 4, 2012> |
| (2) | Only a person who has passed a written examination is eligible to apply for an interview. <Amended on Jul. 4, 2012> |
| (3) | Interviewers shall be at least two persons. <Amended on Jul. 4, 2012> |
[This Article Wholly Amended on Dec. 14, 2009]
| Article 7-2 (Partial Exemption from Examination) |
A person who has passed a written examination shall be granted a once-only exemption from the next written examination.
[This Article Newly Inserted on Jul. 4, 2012]
| Article 8 (Examination Subjects) |
Examination subjects are as specified in attached Table 4.
[This Article Wholly Amended on Dec. 14, 2009]
| Article 9 (Fail/Pass Criteria) |
The total score for the written examination and the interview is 100 points each; and an applicant must score as prescribed below, to pass the examination and the interview: <Amended on Jul. 4, 2012>
| 1. | The written examination: The applicant must score at least 40 points in each subject and an average of at least 60 points in all subjects; |
| 2. | The interview: The applicant must score at least 60 points. |
[This Article Wholly Amended on Dec. 14, 2009]
| Article 10 (Issuance of Certificate of Qualification) |
The Minister of Oceans and Fisheries shall issue a certificate of qualification as a tallyman, etc., to a person who has passed the examination in accordance with Article 9, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Dec. 14, 2009]
| Article 11 (Suspension of Business and Revocation of Registration) |
Criteria for making administrative dispositions against harbor transport business entities and harbor transport-related business entities pursuant to Articles 26 and 26-5 of the Act shall be as specified in attached Table 5. [This Article Wholly Amended on Dec. 14, 2009]
| Article 12 (Criteria for Registration of, or Reporting on, Harbor Transport-Related Business) |
The criteria for registration of, and reporting on, harbor transport-related business referred to in Article 26-3 (7) of the Act shall be as specified in attached Table 6. <Amended on Dec. 26, 2017; Apr. 30, 2018; Sep. 8, 2020> [This Article Wholly Amended on Dec. 14, 2009]
| Article 13 Deleted. <May 27, 1999> |
| Article 14 (Temporary Business Activities in Unregistered Harbor) |
| 1. | No business entity engages in the same business activity within the premises of the relevant harbor, or the business entity engaging in the same business activity is temporarily suspended from business activities due to an administrative measure or other grounds; |
| 2. | Any other business entity within the premises of the relevant harbor is unable to engage in the relevant business activity due to the nature of that business activity. |
| (2) | A harbor transport business entity or harbor transport-related business entity shall file a written statement containing the period, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries, to report on a temporary business activity pursuant to Article 27-2 of the Act that the entity intends to engage in within the premises of a harbor with which such entity has not been registered. <Amended on Mar. 23, 2013> |
| (3) | A harbor transport business entity or harbor transport-related business entity that has filed a written statement to engage in a temporary business activity within the premises of a harbor with which such entity has not been registered pursuant to Article 27-2 of the Act, shall engage in the business activity as stipulated in the written statement. |
[This Article Wholly Amended on Dec. 14, 2009]
| Article 15 (Establishment of Educational and Training Institutions) |
A person who intends to establish an educational and training institution pursuant to Article 27-4 (1) of the Act shall file an application for authorization for establishment, which shall be accompanied by the articles of association and other documents prescribed by Ordinance of the Ministry of Oceans and Fisheries, with the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Dec. 26, 2017> [This Article Wholly Amended on Dec. 14, 2009]
| Article 16 (Education and Training Courses) |
Persons who should undergo education and training at educational and training institutions, the education and training courses to be provided thereat, and the content of the education and training referred to in Article 27-4 (4) of the Act shall be as specified in attached Table 7. <Amended on Dec. 26, 2017> [This Article Wholly Amended on Dec. 14, 2009]
| Article 17 (Apportionment of Operating Expenses of Educational and Training Institutions) |
Expenses to be apportioned among a harbor transport business entity, a harbor transport-related business entity, and a person who undergoes the relevant education and training pursuant to Article 27-4 (5) of the Act shall be as specified in attached Table 8. <Amended on Dec. 26, 2017> [This Article Wholly Amended on Dec. 14, 2009]
| Article 18 (Operation of Educational and Training Institution) |
| (1) | Every educational and training institution shall submit a business plan and budget bill for the following year, to the Minister of Oceans and Fisheries by not later than November 30 each year, pursuant to Article 27-4 (7) of the Act. <Amended on Mar. 23, 2013; Dec. 26, 2017> |
| (2) | Every educational and training institution shall submit statements of revenue and expenditure of each business year, to the Minister of Oceans and Fisheries by not later than March 31 of the following year, pursuant to Article 27-4 (7) of the Act. <Amended on Mar. 23, 2013; Dec. 26, 2017> |
[This Article Wholly Amended on Dec. 14, 2009]
| Article 19 (Articles of Association of Educational and Training Institutions) |
The articles of association of each education and training institution referred to in Article 27-4 (7) of the Act shall contain the following: <Amended on Dec. 26, 2017> | 3. | Location of its office; |
| 4. | Matters concerning its assets and accounting; |
| 5. | Matters concerning the appointment and dismissal of executives; |
| 6. | Matters concerning general meetings and directors’ meetings; |
| 7. | Matters concerning amending the articles of associations; |
| 8. | Term of existence and grounds for dissolution, if stipulated. |
[This Article Wholly Amended on Dec. 14, 2009]
| Article 20 (Supervision of Educational and Training Institutions) |
Where the Minister of Oceans and Fisheries finds that an educational or training institution has committed any violation or has engaged in any misconduct in relation to its business, assets, or accounting controls pursuant to Article 27-4 (7) of the Act, the Minister may order the educational or training institution to correct such violation or misconduct. <Amended on Mar. 23, 2013; Dec. 26, 2017> [This Article Wholly Amended on Dec. 14, 2009]
| Article 21 Deleted. <May 27, 1999> |
| Article 22 Deleted. < May 27, 1999> |
| Article 23 Deleted. <May 27, 1999> |
| Article 24 Deleted. <May 27, 1999> |
| Article 25 (Imposition and Payment of Penalty Surcharges) |
| (1) | Where the management authority intends to impose a penalty surcharge on a business entity pursuant to Article 27-6 (1) of the Act, it shall give a written notice describing the type of the violation and the amount of the penalty surcharge, to the business entity. <Amended on Mar. 23, 2013; Sep. 8, 2020> |
| (2) | A person in receipt of a written notice given under paragraph (1) shall pay a penalty surcharge to any receiving agency determined by the management authority within 20 days from the date of receipt of the written notice: Provided, That where the person is unable to pay the penalty surcharge within said period due to an act of God or any other unavoidable cause, he or she shall pay it within seven days after the date such cause ceases to exist. <Amended on Mar. 23, 2013; Sep. 8, 2020> |
| (3) | A receiving agency that has received a penalty surcharge under paragraph (2) shall issue a receipt to each payer. |
| (4) | Upon having received a penalty surcharge under paragraph (2), a receiving agency shall notify the management authority of such facts without delay. <Amended on Mar. 23, 2013; Sep. 8, 2020> |
| (5) | No penalty surcharge shall be paid in installments |
[This Article Wholly Amended on Dec. 14, 2009]
| Article 26 (Types of Violations Subject to Penalty Surcharges and Amounts of Penalty Surcharges) |
Types of violations subject to a penalty surcharge provided for in Article 27-6 (2) of the Act, and the amount of the penalty surcharge based upon the severity of a violation shall be as specified in attached Table 9. [This Article Wholly Amended on Dec. 14, 2009]
| Article 26-2 (Composition of Committees for Supply and Demand Control of Harbor Workers) |
| (1) | “Person prescribed by Presidential Decree” in Article 27-7 (1) of the Act means a person designated by the Administrator of the Regional Office of Oceans and Fisheries, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) having jurisdiction over the relevant harbor from among public officials who perform duties related to the supply and demand control of persons engaging in harbor transport business. |
| (2) | A committee for supply and demand control of harbor workers established under Article 27-7 (1) of the Act (hereinafter referred to as “supply and demand control committee”) shall be comprised of seven members, including one chairperson who shall be elected from among its members. |
| (3) | The following persons shall be the members of the supply and demand control committee: |
| 1. | Three persons recommended by an organization of harbor transport business entities operating in the relevant harbor: Provided, That such three persons shall be recommended through mutual consultation, if there are two or more organizations of harbor transport business entities; |
| 2. | Three persons recommended by an organization of persons who are employed by, or provide services to, harbor transport business entities operating in the relevant harbor (only applicable where more than a half of members of such persons is employed by, or provides services to, harbor transport business entities operating in the relevant harbor. The same shall apply hereafter in this Article and Article 26-5): Provided, That such three persons shall be recommended through mutual consultation, if there are two or more organizations of harbor transport business entities; |
| 3. | One person prescribed in paragraph (1). |
[This Article Newly Inserted on Dec. 26, 2017]
| Article 26-3 (Operation of Supply and Demand Control Committee) |
| (1) | The chairperson of a supply and demand control committee shall represent the supply and demand control committee and exercise general supervision over the affairs thereof. |
| (2) | A meeting of the supply demand and control committee shall be convened, if the chairperson deems it necessary or if requested by a majority of the committee members. |
| (3) | At least 2/3 of the members of the supply demand and control committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least 2/3 of those present. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for operating a supply demand and control committee shall be determined by the chairperson of the supply demand and control committee by a resolution of the committee. |
[This Article Newly Inserted on Dec. 26, 2017]
| Article 26-4 (Matters Subject to Deliberation by Supply and Demand Control Committee) |
A supply and demand control committee shall deliberate and decide on the following matters:
| 1. | Calculating an appropriate number of works necessary for harbor transport business; |
| 2. | Personnel management, including hiring criteria for harbor transportation workers and education and training for them; |
| 3. | Other matters referred to the committee by the chairperson of the supply and demand control committee as deemed necessary for ensuring the smooth supply and demand control of and efficiently managing harbor transportation workers. |
[This Article Newly Inserted on Dec. 26, 2017]
| Article 26-5 (Composition of Committee for Resolution of Harbor Transport Disputes) |
| (1) | “Person prescribed by Presidential Decree” in Article 27-8 (1) of the Act means a person designated by the Administrator of the Regional Office of Oceans and Fisheries or the Mayor/Do Governor having jurisdiction over the relevant harbor from among public officials who perform duties related to disputes harbor transport business. |
| (2) | A committee for resolution of harbor transport disputes established under Article 27-8 (1) of the Act (hereinafter referred to as “dispute resolution control committee”) shall be comprised of seven members, including one chairperson, who shall be elected from among its members. |
| (3) | The following persons shall be the members of the dispute resolution control committee: |
| 1. | Three persons recommended by an organization of harbor transport business entities operating in the relevant harbor: Provided, That such three persons shall be recommended through mutual consultation, if there are two or more organizations of harbor transport business entities; |
| 2. | Three persons recommended by an organization of persons who are employed by, or provide services to, harbor transport business entities operating in the relevant harbor: Provided, That such three persons shall be recommended through mutual consultation, if there are two or more organizations of harbor transport business entities; |
| 3. | One person prescribed in paragraph (1). |
[This Article Newly Inserted on Dec. 26, 2017]
| Article 26-6 (Operation of Dispute Resolution Committee) |
| (1) | The chairperson of a dispute resolution committee shall represent the dispute resolution committee and exercise general supervision over the affairs thereof. |
| (2) | A meeting of the dispute resolution committee shall be convened, if the chairperson deems it necessary or if requested by a majority of the committee members. |
| (3) | At least 2/3 of the members of the dispute resolution committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least 2/3 of those present. |
| (4) | Disputing parties may attend a meeting of the dispute resolution committee to make statements or may submit relevant materials or documents to the committee. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for operating a dispute resolution committee shall be determined by the chairperson of the dispute resolution committee by a resolution of the committee. |
[This Article Newly Inserted on Dec. 26, 2017]
| Article 26-7 (Matters Subject to Deliberation by Dispute Resolution Committee) |
A dispute resolution committee shall deliberate and decide on the following:
| 1. | Resolving labor-management disputes arising relating to harbor transportation; |
| 2. | Other matters referred to the committee by the chairperson of the dispute resolution committee as deemed necessary for such purposes as preventing disputes arising relating to harbor transportation. |
[This Article Newly Inserted on Dec. 26, 2017]
| Article 27 (Delegation and Entrustment of Authority) |
| (1) | In accordance with Article 29 (1) of the Act, the Minister of Oceans and Fisheries shall delegate the authority over the following affairs in the national trade ports referred to in Article 3 (2) 1 of the Harbor Act and harbors, the waters of which are prescribed and designated by Ordinance of the Ministry of Oceans and Fisheries under Article 2 (3) 2 of the Act, to the Administrator of a Regional Office of Oceans and Fisheries: Provided, That the authority over appraising business and weighing business shall be excluded herefrom: <Amended on Mar. 23, 2013; Dec. 26, 2017; Apr. 30, 2018> |
| 2. | Receiving applications for registration of harbor transport business and issuing certificates of registration under Article 5 of the Act; |
| 3. | Relaxing the criteria for registration of limited stevedoring services under the proviso of Article 6 of the Act; |
| 4. | Issuing certificates of qualification as a tallyman under Article 10; |
| 5. | Granting authorization for freight charges and fees set by stevedoring service providers and for modification thereof; accepting reports on freight charges and fees and on modification thereto; accepting reports on fees set by tallying business entities and on modification thereto; and issuing orders to modify and adjust freight charges and fees under Article 10 of the Act; |
| 6-2. | Registering harbor transport-related business, accepting reports on ship chandling business, receiving documents, such as applications for registration of harbor transport-related business, and accepting reports on modifications of business plans to conduct bunker fuel supplying business under Article 26-3 of the Act; |
| 6-3. | Revoking registrations of harbor transport-related business or issuing suspension orders under Article 26-5 of the Act; |
| 7. | Imposing and collecting penalty surcharges from harbor transport business entities or harbor transport-related business entities under Article 27-6 of the Act; |
| (4) | In accordance with Article 29 (2) of the Act, the Minister of Oceans and Fisheries shall entrust the affairs concerning the registration of tallymen, etc. to the Association of Korean Tallying and Survey Firms established under Article 32 of the Civil Act with the permission of the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 14, 2009]
| Article 27-2 (Processing of Personally Identifiable Information) |
[This Article Newly Inserted on Mar. 27, 2017]
| Article 28 (Re-Examination of Regulation) |
The Minister of Oceans and Fisheries shall examine the appropriateness of the criteria for registration of, and reporting on, harbor transport-related business provided for in Article 12 and attached Table 6 every three years, counting from January 1, 2014 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. [This Article Newly Inserted on Dec. 30, 2013]
| Article 29 (Criteria for Imposition of Administrative Fines) |
[This Article Newly Inserted on Sep. 24, 2014]
ADDENDA <Presidential Decree No. 15533, Dec. 8, 1997>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Surcharges) The previous provisions shall govern the imposition of penalty surcharges for violations committed before this Decree enters into force. |
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 16071, Dec. 31, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 16372, May 27, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18126, Nov. 11, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20544, Jan. 11, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 20, 2008. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have not yet arrived, among the Presidential Decrees amended by Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective Presidential Decrees. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21002, Sep. 10, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 27 shall enter into force on January 1, 2009. Article 2 (Transitional Measures concerning Administrative Measures and Penalty Surcharges)
The previous provisions shall apply to an administrative measure taken, or a penalty surcharge imposed, for a violation committed before this Decree enters into force, notwithstanding the amended provisions of attached Tables 5 and 9.
ADDENDA <Presidential Decree No. 21878, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 31, 2009.
Article 2 (Transitional Measures Following Delegation of Authority to Mayors/Do Governors in Regional Trade Ports)
| (1) | Any act conducted by the Administrator of a Regional Office of Oceans and Fisheries at any regional trade port in relation to the authority provided in the subparagraphs of Article 27 (2) as at the time this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 27 (2). |
| (2) | Any act conducted by the Administrator of a Regional Office of Oceans and Fisheries at any regional trade port in relation to the authority provided in the subparagraphs of Article 27 (2) and any act conducted by the Administrator of the Regional Office of Oceans and Fisheries pursuant to paragraph (1) as at the time this Decree enters into force shall be deemed an act conducted by the Mayor/Do Governor under this Decree. |
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcements of Examinations)
The provisions of this Decree, which amends the deadline for making a public announcement of an examination, etc., shall begin to apply to the examination to be administered on or after January 1, 2013.
ADDENDA <Presidential Decree No. 23935, Jul. 4, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Examinations)
The amended provisions of Articles 7, 7-2, and 9 shall begin to apply to examination to be publicly announced after this Decree enters into force. Article 3 (Transitional Measures concerning Registration of General Stevedoring Services)
| (1) | Procedures for registering the general stevedoring service, which are undergoing in compliance with the criteria for registration of Class 3 harbors, in the Pyeongtaek-Dangjin Port as at the time this Decree enters into force, shall be governed by the previous provisions, notwithstanding amended attached Table 1. |
| (2) | A person registered to provide general stevedoring services in Class 3 harbors in the Pyeongtaek-Dangjin Port (including a person registered to provide general stevedoring services in the Pyeongtaek-Dangjin Port under paragraph (1)) before this Decree enters into force shall be deemed registered to provide general stevedoring services in Class 2 harbors under amended attached Table 2: Provided, That the person shall satisfy the criteria for registration of general stevedoring services in Class 2 harbors within one year after this Decree enters into force. |
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25638, Sep. 24, 2014>
This Decree shall enter into force on September 25, 2014.
ADDENDA <Presidential Decree No. 26134, Mar. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Criteria for Oilers)
| (1) | A person registered to engage in ship refueling business pursuant to the previous provisions before this Decree enters into force shall meet the criteria provided for in the amended provisions of subparagraph 5-2 (b) of Remarks in attached Table 6, within the following classified period: |
| 1. | An oiler with a total tonnage of at least 50 tons: One year after this Decree enters into force; |
| 2. | An oiler with a total tonnage of less than 50 tons: Two years after this Decree enters into force. |
| (2) | A person registered to conduct the ship refueling business pursuant to the previous provisions before this Decree enters into force shall meet the criteria provided for in the amended provisions of subparagraph 5-2 (c) of Remarks in attached Table 6 within the period classified below: |
| 1. | An oiler with a total tonnage of at least 100 tons: One year after this Decree enters into force; |
| 2. | An oiler with a total tonnage of less than 100 tons: Two years after this Decree enters into force. |
ADDENDA <Presidential Decree No. 27094, Apr. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Tanker Trucks)
Any tanker truck being used to provide fuel oil to vessels, by a person registered to conduct the ship refueling business before this Decree enters into force shall satisfy the criteria for tanker trucks among the criteria for registration of the ship refueling business by the day one year and six months after the date this Decree enters into force.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28508, Dec. 26, 2017>
This Decree shall enter into force on May 1, 2018
ADDENDA <Presidential Decree No. 28845, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018.
Article 2 (Applicability to Penalty Surcharges)
The criteria for imposing penalty surcharges under the amended provisions of attached Table 9 shall begin to apply to any violation committed after this Decree enters into force.
Article 3 (Transitional Measures concerning Registration of Ship Repairing Business)
Notwithstanding the amended provisions of attached Table 6, a person who had a toolshed or factory and engaged in ship repairing business as at the time this Decree enters into force shall be deemed to have met the criteria for registration of ship repairing business not later than six months from the enforcement date of this Decree.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 30993, Sep. 8, 2020>
This Decree shall enter into force on January 1, 2021.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31391, Jan. 12, 2021>
This Decree shall enter into force on the date of its promulgation.