ENFORCEMENT DECREE OF THE MARINE TRANSPORTATION ACT
Wholly Amended by Presidential Decree No. 20398, Nov. 30, 2007
Amended by Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 21626, Jul. 7, 2009
Presidential Decree No. 22225, jun. 28, 2010
Presidential Decree No. 22829, Apr. 4, 2011
Presidential Decree No. 23233, Oct. 19, 2011
Presidential Decree No. 24214, Nov. 30, 2012
Presidential Decree No. 24410, Mar. 18, 2013
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25759, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25985, Jan. 6, 2015
Presidential Decree No. 26388, Jul. 6, 2015
Presidential Decree No. 27658, Dec. 5, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28335, Sep. 19, 2017
Presidential Decree No. 28713, Mar. 20, 2018
Presidential Decree No. 28845, Apr. 30, 2018
Presidential Decree No. 29200, Sep. 28, 2018
Presidential Decree No. 29781, May 21, 2019
Presidential Decree No. 30433, Feb. 18, 2020
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30876, Jul. 28, 2020
Presidential Decree No. 30956, Aug. 19, 2020
Presidential Decree No. 31380, Jan. 5, 2021
The purpose of Decree is to provide for matters delegated by the Shipping Act and those necessary for implementation of said Act.
| Article 2 (Vessels Chartered under Agreement on Transfer of Ownership) |
“Vessels chartered ... contract for acquisition of their ownership by transfer” in subparagraph 7 of Article 2 of the Marine Transportation Act (hereinafter referred to as “Act”) means vessels introduced by lease, vessels chartered on condition that they acquire Republic of Korea registration, and vessels, the ownership of which will definitely be acquired by transfer in the future.
| Article 3 (Cruise Passenger Transportation Services) |
“At least the size prescribed by Presidential Decree” provided for in subparagraph 5 of Article 3 of the Act means a gross tonnage of at least 2,000 tons.
| Article 3-2 (Period to Submit Opinions when Consulting about Registration of Tourist-Use Facility Business) |
The head of a relevant administrative agency in receipt of a request for consultation pursuant to Article 4-2 (4) of the Act, shall submit his/her opinion within 14 days. <Amended on Jul. 6, 2015> [This Article Newly Inserted on Nov. 30, 2012]
| Article 4 (Methods and Procedures for Appraisal of Customer Satisfaction Levels) |
| (1) | In order to fairly and efficiently conduct appraisals of customer satisfaction levels for providers of passenger transportation services (hereinafter referred to as “appraisal of customer satisfaction levels”) pursuant to Article 9 (1) of the Act (referring to persons licensed for marine passenger transportation services pursuant to Article 4 (1) of the Act and persons approved for marine passenger transportation services under Article 6 of the Act; hereinafter the same shall apply), the Minister of Oceans and Fisheries may request a private survey institution to perform such duties on his/her behalf. In such cases, expenses incurred in vicarious performance of the duties may be wholly or partially subsidized. <Amended on Feb. 29, 2008; Nov. 30, 2012; Mar. 23, 2013> |
| (2) | Appraisal of customer satisfaction levels shall be conducted by means of surveying and on-site monitoring, targeting the users of passenger transportation services, and objective relevant statistic indexes, such as on-time performance records, may be partly reflected in appraisals. <Amended on Nov. 30, 2012> |
| (3) | The Minister of Oceans and Fisheries shall publicly pre-announce the period for appraisal; subject matters to be appraised; standards for appraisal; etc. before conducting an appraisal of customer satisfaction levels. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 5 (Measures to Be Taken Based on Appraisal of Customer Satisfaction Levels) |
| (1) | Pursuant to Article 9 (2) 1 of the Act, the Minister of Oceans and Fisheries may grant an award or any of the following preferential treatment to a provider of passenger transportation services who is rated exemplary in an appraisal of the customer satisfaction levels: |
| 1. | Granting a preferential right or additional points in publicly recruiting service providers pursuant to Article 4 (2) of the Act; |
| (2) | Pursuant to Article 9 (2) 2 of the Act, the Minister of Oceans and Fisheries may take any of the following unfavorable measures against a provider of passenger transportation services who is rated as poor in an appraisal of the customer satisfaction levels: |
| 4. | Imposing subtract points in selecting recipients of financial support provided under Article 38 of the Act. |
[This Article Wholly Amended on Sep. 19, 2017]
| Article 6 (Composition and Operation of Committee on Appraisal of Customer Satisfaction Levels on Passenger Ships) |
| (1) | The Committee on Appraisal of Customer Satisfaction Levels on Passenger Ships established under Article 9 (3) of the Act (hereafter in this Article referred to as “Committee”) shall be comprised of at least seven, but up to ten members, including one chairperson. In such cases, a public official in general service of the Senior Executive Service, who is in charge of marine transportation affairs in the field of marine transportation, shall be the Chairperson of the Committee, and the members thereof shall be appointed or commissioned by the Minister of Oceans and Fisheries, from among the following persons: <Amended on Feb. 29, 2008; Nov. 30, 2012; Mar. 23, 2013; Sep. 19, 2017> |
| 1. | Persons who have abundant expertise and experience in the field of marine transportation; |
| 2. | Public officials of at least Grade IV or equivalent thereto, in charge of marine transportation affairs; |
| (2) | Were the Chairperson of the Committee is unable to perform his/her duties due to any unavoidable reason, a member designated by the Chairperson shall act on behalf of the Chairperson. |
| (3) | The term of office of the members commissioned under paragraph (1) shall be two years; which may be consecutively renewed. <Amended on Sep. 28, 2018> |
| (4) | Where a member commissioned under paragraph (1) falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may dismiss the member: <Newly Inserted on Sep. 28, 2018> |
| 1. | Where he/she becomes incapable of performing his/her duties due to a mental or physical disorder; |
| 2. | Where he/she engages in misconduct in connection with his/her duties; |
| 3. | Where he/she is deemed unsuitable to serve as a member due to delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where he/she voluntarily admits that it is impracticable for him/her to perform his/her duties as a member. |
| (5) | Other matters necessary for the operation of the Committee shall be determined by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 28, 2018> |
[Title Amended on Nov. 30, 2012]
| Article 7 (Publication of Results of Appraisal of Customer Satisfaction Levels) |
| (1) | Where the Minister of Oceans and Fisheries publishes the findings of appraisals of the customer satisfaction levels pursuant to Article 9 (4) of the Act, the following matters shall be included: <Amended on Feb. 29, 2008; Nov. 30, 2012; Mar. 23, 2013; Sep. 19, 2017> |
| 1. | Appraisal methods by appraisal item, and appraisal findings by appraisal item; |
| 2. | Appraisal ranking among provider of passenger transportation services and by passenger ships; |
| 3. | Degree of improvement of service quality by passenger transportation service provider and by passenger ship; |
| 4. | Other matters determined by Ordinance of the Ministry of Oceans and Fisheries, the publication of which is deemed necessary for promoting marine transportation services. |
| (2) | The Minister of Oceans and Fisheries shall publish the findings of appraisal of customer satisfaction levels in the Official Gazette, official reports, or daily newspapers, or through computer communications networks. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 8 (Standards for Authentication of Modification of Business Plan) |
Where the Minister of Oceans and Fisheries authenticates any amendment of the service plan of a person licensed for scheduled coastal passenger transportation services or non-scheduled coastal passenger transportation services (hereinafter referred to as a "provider of coastal passenger transportation services") pursuant to Article 12 (4) of the Act, he/she shall examine whether a relevant case falls under any of the following subparagraphs: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 6, 2015; Sep. 19, 2017> | 2. | Deleted; <Jul. 6, 2015> |
| 3. | Where it is unlikely that the amendment of the business plan would impair the securing of transportation stability for stable maintenance of the relevant service route. |
| Article 9 (Designation of Subsidized Service Routes) |
| (1) | In order to secure means of marine traffic for islanders, the Minister of Oceans and Fisheries may designate subsidized service routes referred to in Article 15 (1) of the Act (hereinafter referred to as "subsidized service routes") in accordance with the criteria determined and publicly notified by the Minister of Oceans and Fisheries. |
| (2) | Where the Minister of Oceans and Fisheries designates a subsidized service route under paragraph (1), he/she shall publish the following matters in the Official Gazette: |
| 1. | Designation date of the subsidized service route; |
| 2. | Grounds for designation of the subsidized service route; |
| 3. | Designated service route (including the place of departure, the place of arrival, and the ports of call) as the subsidized service route. |
[This Article Wholly Amended on Mar. 20, 2018]
| Article 10 (Methods for Selecting Operator of Subsidized Service Route) |
| (1) | Where the Minister of Oceans and Fisheries selects an operator of a subsidized service route pursuant to Article 15 (1) of the Act, he/she shall do so through competitive bid: Provided, That if he/she intends to select an operator operating on route designated as a subsidized service route as an operator of the relevant subsidized service route, he/she may do so by means of a negotiated contract. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 20, 2018> |
| (2) | If deemed necessary in conducting a competitive bid under the main clause of paragraph (1), the Minister of Oceans and Fisheries may grant eligibility to participate in the bid only to the persons who are able to secure vessels suitable for the characteristics and demands of the relevant subsidized service route. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 20, 2018> |
| (3) | Necessary matters concerning procedures, etc. for competitive bids pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 11 (Determination of Amount of Operation-incurred Loss and Payment Method) |
| (1) | The amount of loss incurred in the course of operation provided for in Article 15 (1) of the Act refers to an amount calculated by deducting paid expenses from revenues, and its detailed items shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where the Minister of Oceans and Fisheries pays an amount of loss incurred in the course of operation in accordance with Article 15 (1) of the Act, he/she shall pay it by installments to the operator of a subsidized service route every quarter during a period of operation of the relevant subsidized service route: Provided, That it may be paid by installments every year if so applied by the relevant operator. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 20, 2018> |
| Article 11-2 (Vessels Subject to National Subsidies) |
| (1) | Standards for selection under Article 15-2 (2) of the Act of the ships to receive subsidies from the State shall be met only where a vessel operating on a subsidized service route falls under any of the following subparagraphs: |
| 1. | Where replacing a ship, exceeding 15 years old; |
| 2. | Where replacing an ordinary passenger ship, not exceeding 15 years old, with a ship for cars and cargos or a ship suitable for the characteristics of the service route; |
| 3. | Where replacing a ship which has been in operation, with a ship the gross tonnage and speed of which exceeds the former by at least 10 percent. |
| (2) | The Minister of Oceans and Fisheries shall order the operator of a subsidized service route selected pursuant to Article 15 of the Act to put a ship built by subsidies from the State pursuant to paragraph (1) into service on the subsidized service route. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Nov. 30, 2012]
| Article 12 (Determination of Indemnification and Payment Method) |
| (1) | A provider of passenger transportation services who suffers loss due to an order to operate a subsidized service route, and revocation of such order pursuant to Article 16 (1) and (2) of the Act may request the Minister of Oceans and Fisheries to pay indemnification every month, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries shall, in receipt of a request for payment of an indemnification pursuant to paragraph (1), give a written notification on payment of indemnification to the applicant after examining the contents of such request and determine the amount of such indemnification. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Indemnification requested under paragraph (1) shall be deemed equivalent to the aggregate of the amount of loss incurred in complying with an order to operate a subsidized service route and the amount of expenses incurred in complying with the revocation of an order to operate such a route. |
| Article 12-2 (Grounds for Exceptions to Revocation of Licenses) |
| (17) | "Unavoidable reason prescribed by Presidential Decree, such as an act of God" in the proviso of Article 19 (2) 4 of the Act means any of the following cases: |
| 1. | Where it is inevitable to suspend the operation of passenger ships as such passenger ships are damaged or sink or any other accident occurs due to an act of God or worsening weather conditions; |
| 2. | Where it is inevitable to suspend the operation of passenger ships for their maintenance due to an unexpected circumstance, such as collision of ships and a fire; |
| 3. | Where the Minister of Oceans and Fisheries deems that there is any unavoidable reason, such as that where the license for scheduled coastal passenger transportation services is revoked, the relevant service route is likely to be interrupted, thereby infringing upon traffic rights of islanders. |
[This Article Newly Inserted on Feb. 18, 2020]
[Previous Article 12-2 moved to Article 12-3 <Feb. 18, 2020>]
| Article 12-3 (Composition and Operation of Passenger Ship Operation Management Rules Examination Committee) |
| (1) | The examination committee on passenger ship operation management rules established under Article 21 (2) of the Act (hereinafter referred to as “examination committee”) shall be composed of not less than four, but not more than 10 members, including one chairperson, for each regional office of oceans and fisheries. |
| (2) | The members of the examination committee shall be appointed or commissioned by the Minister of Oceans and Fisheries in consideration of gender equality, from among the following persons: <Amended on May 21, 2019> |
| 4. | Other persons who have extensive knowledge and experience concerning operation management of passenger ships and are deemed by the Minister of Oceans and Fisheries necessary for the examination of the operation management rules. |
| (3) | The chairperson of the examination committee shall be elected by and from among its members. |
| (4) | The Minister of Oceans and Fisheries in receipt of the operation management rules pursuant to Article 21 (1) of the Act shall organize the examination committee within seven days and notify the committee members of the date, location, agenda, etc., of the meeting. |
| (5) | A majority of the members of the examination committee shall constitute a quorum, and any resolution thereby shall require the concurring vote of at least a majority of those present. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the composition, operation, etc. of the examination committee shall be determined by the Minister of Oceans and Fisheries. |
[This Article Newly Inserted on Jul. 6, 2015]
[Moved from Article 12-2; previous Article 12-3 moved to Article 12-4 <Feb. 18, 2020>]
| Article 12-4 (Qualifications for Person in Charge of Safety Management and Other Related Matter) |
Qualification for, and number of, persons in charge of safety management appointed under the latter part of Article 21-5 (1) of the Act shall be as specified in attached Table 1. <Amended on Sep. 19, 2017> [This Article Newly Inserted on Jul. 6, 2015]
[Moved from Article 12-3 <Feb. 18, 2020>]
| Article 12-5 (Payment of Charges by Credit Card, etc.) |
| (5) | “Charge payment service provider prescribed by Presidential Decree” in Article 22 (3) 1 of the Act means any of the following institutions: |
| 1. | The Korea Financial Telecommunications and Clearings Institute established with permission from the Financial Services Commission pursuant to Article 32 of the Civil Act; |
| 2. | Institutions which conduct settlements by credit card, debit card, etc. (hereinafter referred to as "credit card, etc.") using the information and communications network and are designated and publicly notified by the Minister of Oceans and Fisheries as charge payment service providers taking into account facilities, the ability to provide services, the size of capital, etc. |
| (2) | Fees for providing services for payment of charges under Article 22-3 (3) of the Act shall be determined by the Minister of Oceans and Fisheries within 10/1,000 of the amount paid. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for payment of charges by credit card, etc. shall be prescribed by the Minister of Oceans and Fisheries. |
[This Article Newly Inserted on Aug. 19, 2020]
| Article 13 (Standards for Large Volume Cargo and Other Related Matters) |
| (1) | “Other principal cargo prescribed by Presidential Decree” in Article 24 (7) of the Act means coal for electricity generation. <Amended on Sep. 19, 2017> |
| (2) | “Corporation de facto owned or controlled by the owner of large volume cargo” referred to in Article 24 (8) of the Act means any of the following corporations. In such cases, the owner of large volume cargo shall be limited to the owner of export/import cargo: <Amended on Jun. 28, 2010; Sep. 19, 2017> |
| 1. | A corporation at least 40/100 of the total number of issued stocks (including investment; hereinafter the same shall apply) of which are solely owned by the owner of large volume cargo or a person in a special relationship with that owner, or are aggregately owned thereby; |
| 2. | A corporation at least 40/100 of the total number of issued stocks of which are solely owned by the corporation described in subparagraph 1 or a person in a special relationship with that corporation, or are aggregately owned thereby; |
| 3. | A corporation at least 40/100 of the total number of issued stocks of which are solely owned by the corporation described in subparagraph 1 and a person in a special relationship with that corporation or by a corporation referred to in subparagraph 2, or are aggregately owned thereby; |
| 4. | A corporation, over the management of which the owner of large volume cargo is deemed to exercise influence through appointment or dismissal of its executive officers. |
| (3) | “Person in a special relationship” in paragraph (2) means a person falling under any of the following persons: |
| 1. | A person who owns at least 30/100 of the total number of issued stocks of the relevant corporation; |
| 2. | A director, representative director, managing general partner, or auditor (hereinafter referred to as an “executive officer”) of the relevant corporation; |
| 4. | An employee (in cases of a corporation, referring to an executive officer, and in cases of an individual, referring to a commercial employee; a servant employed under an agreement on employment; and a person who makes a livelihood using the individual’s money or property) of a person provided for in subparagraph 1 or 2. |
| (4) | The policy advisory committee (hereinafter referred to as “committee” in this Article) under Article 24 (7) of the Act shall be composed of not more than eleven members, including one chairperson. <Newly Inserted on Jun. 28, 2010; Sep. 19, 2017> |
| (5) | The chairperson of the committee shall be the Vice Minister of Oceans and Fisheries, and the members excluding the chairperson shall be appointed or commissioned by the Minister of Oceans and Fisheries from among the following persons: <Newly Inserted on Jun. 28, 2010; Mar. 23, 2013> |
| 1. | One person each designated by the Minister of Trade, Industry and Energy and the Minister of Oceans and Fisheries, from among public officials of the Senior Executive Service who work for the Ministry of Trade, Industry and Energy, and public officials thereof who work for the Ministry of Oceans and Fisheries, respectively; |
| 3. | Two persons who have worked as executive officer in each of trade-related industry and marine transportation-related industry for at least three years; |
| 4. | Experts who have extensive learning and experience equivalent to that required in subparagraph 2 in the fields, such as marine transportation-related law, accounting, and taxation, except for persons provided for in subparagraphs 1 through 3. |
| (6) | The term of office of the committee members (excluding the members provided for in paragraph (5) 1) shall be two years. <Newly Inserted on Jun. 28, 2010> |
| (7) | The chairperson of the committee shall convoke and chair the committee’s meetings. <Newly Inserted on Jun. 28, 2010> |
| (8) | Any committee member shall be excluded from deliberation and resolution on any of the following cases: <Newly Inserted on Jun. 28, 2010> |
| 1. | A matter in which the member has a direct interest; |
| 2. | A matter in which his/her spouse has an interest; any relative by blood within the fourth degree or relative by marriage within the second degree of the member; or the organization to which the member belongs. |
| (9) | Where a person, who has a direct interest in a matter referred to the committee for deliberation and resolution, finds it impractical to expect fair deliberation and/or resolution by a member, he/she may file an application to challenge the member, specifying the ground therefor. <Newly Inserted on Jun. 28, 2010> |
| (10) | If a member falls under any such cause prescribed in paragraph (8) or (9), he/she may voluntarily refrain from deliberation and resolution on the relevant case. <Newly Inserted on Jun. 28, 2010> |
| (11) | Except as provided in this Decree, matters necessary for the operation of the committee shall be determined by the chairperson via a resolution of the committee. <Newly Inserted on Jun. 28, 2010> |
| Article 14 (Measures concerning Published Cargo Rates) |
| (2) | Where the Minister of Oceans and Fisheries intends to postpone the publication of cargo and fare rates pursuant to Article 28 (2) of the Act or allow a report to be filed in lieu of such publication or to take necessary measures pursuant to paragraph (7) of the same Article, he/she may hear the opinions of the Korea Ocean Business Corporation established under the Korea Ocean Business Corporation Act to examine relevant technical matters. <Newly Inserted on Feb. 18, 2020> |
| Article 14-2 (Organization Preparing and Disseminating or Utilizing Standard Form Contract) |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 15 (Consultation) |
| (1) | “Shippers' association prescribed by Presidential Decree” in the former part of Article 29 (6) of the Act means an organization meeting all of the following requirements, which has been reported to the Minister of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
| 1. | The aggregate amount of annual exports and imports by its members shall be at least 25/100 of the total amount of annual exports and imports of the Republic of Korea; |
| 2. | The purpose of organizing the association shall be to promote the rights and interests of exporting and importing shippers of the Republic of Korea. |
| (2) | Any of the following cases shall be deemed a case where just ground exists as provided for in the latter part of Article 29 (6) of the Act: <Amended on Sep. 19, 2017> |
| 1. | A case of failing to begin consultation without any reasonable reason; |
| 2. | A case of according discriminatory treatment different from other services providers without any reasonable reason when consulting with each other; |
| 3. | A case of making it impractical to achieve the purpose of consultation by providing false or insufficient materials; |
| 4. | Other cases of actually refusing or obstructing consultation without any reasonable reason. |
| Article 16 Deleted. <Dec. 5, 2016> |
| Article 16-2 (Plans to Modernize Coastal Passenger Ships) |
| (1) | A plan to modernize costal passenger ships pursuant to Article 37-2 of the Act (hereinafter referred to as a “plan to modernize coastal passenger ships”) shall include the following matters: |
| 1. | Objectives and basic direction-setting for implementing a plan to modernize coastal passenger ships; |
| 2. | Current status of and outlook for coastal passenger ships; |
| 3. | Implementation strategy and infrastructure creation for modernizing coastal passenger ships; |
| 4. | Implementation and execution of business plans by sector and by year; |
| 5. | Other matters concerning maritime safety of coastal passenger ships, which the Minister of Oceans and Fisheries deems necessary. |
| (2) | If deemed necessary for formulating, implementing, or amending a plan to modernize coastal passenger ships, the Minister of Oceans and Fisheries may request the head of a relevant central administrative agency, the Mayor of the Special Metropolitan City, the Mayor of a Metropolitan City Mayor, the Governor of a Do, and the Governor of the Special Self-Governing Province; the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu); the head of a public institution established under Article 4 of the Act on the Management of Public Institutions; and a maritime safety-related institution, organization, or individual to provide relevant materials, present opinions, or provide necessary cooperation. |
| (3) | Where the Minister of Oceans and Fisheries formulates or amends a plan to modernize coastal passenger ships, he/she shall publicly notify its contents in the Official Gazette. |
[This Article Newly Inserted on Jul. 6, 2015]
| Article 16-3 (Composition of Committee for Shipping Industry Development) |
| (1) | “Persons prescribed by Presidential Decree” under Article 37-3 (2) of the Act means the 2nd Vice Minister of Economy and Finance, the 1st Vice Minister of Science and ICT, the Vice Minister of the Interior and Safety, the Vice Minister of Trade, Industry and Energy, the Vice Minister of Employment and Labor, the 2nd Vice Minister of Land, Infrastructure and Transport, the Vice Minister of Fisheries and Oceans, and the Vice Chairperson of the Financial Services Commission. |
| (2) | The Committee for Shipping Industry Development under Article 37-3 (1) of the Act (hereinafter referred to as the “Committee for Shipping Industry Development”) shall have an administrative secretary who shall be appointed by the Minister of Fisheries and Oceans, among public officials from the Ministry of Fisheries and Oceans. |
[This Article Newly Inserted on May 21, 2019]
| Article 16-4 (Operation of Committee for Shipping Industry Development) |
| (1) | The Chairperson of the Committee for Shipping Industry Development shall have general supervision and control of the Committee and convene the meetings. |
| (2) | Where the Chairperson of the Committee for Shipping Industry Development convenes a meeting, he/she shall inform each member of the meeting date, place and agenda at least seven days before the date of the meeting: Provided, That in case of urgency, the Chairperson may inform the members a day before the date of the meeting. |
| (3) | A majority of the members of the Committee for Shipping Industry Development shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (4) | The Committee for Shipping Industry Development shall write and keep the minutes of the meetings. |
[This Article Newly Inserted on May 21, 2019]
| Article 17 (Subsidy or Loan) |
The following subparagraphs shall apply to subsidization or a loan (including arrangement of loan of funds; hereinafter the same shall apply) of funds pursuant to Article 38 (1) of the Act: <Amended on Jul. 6, 2015; Mar. 20, 2018> | 1. | In cases of importing a ship operating between domestic ports, a loan of not more than 80/100 of the total amount of the ship price; |
| 2. | In cases of improving or replacing ship facilities and repairing a ship, a subsidy of not more than 20/100 of the required funds, and a loan of not more than 80/100 thereof; |
| 3. | In cases of building a new ship in accordance with the ship modernization assistance project, a loan of not more than 80/100 of the domestically financed funds for ship-building; |
| 4. | In cases of raising funds from a domestic financial institution to build a new ship in accordance with the ship modernization assistance project, the full or partial preservation of the margin accrued by the difference between the interest rate of such funds and that of the funds for the ship modernization assistance project raised pursuant to Article 39 (1) of the Act; |
| 5. | In cases of raising funds from a domestic financial institution to import a used ship, needed for coastal passenger transportation services and coastal cargo transportation services or to improve a used ship to an environment-friendly ship, the full or partial preservation of the margin accrued by the difference between the interest rate of the loan of such funds and the interest rate determined by the Minister of Oceans and Fisheries in consultation with relevant Ministries. |
| Article 18 (Application for Subsidies or Loans) |
| (1) | A person who intends to obtain any subsidy or loan pursuant to Article 38 (1) of the Act shall file a written application specifying the following matters, with the Minister of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | The name of the applicant (in cases of a corporation, the name of the corporation and the name of the representative thereof) and his/her address; |
| 2. | Reasons to obtain the subsidy or loan; |
| 3. | The amount of subsidy or loan intended to obtain. |
| (2) | A written application filed under paragraph (1) shall be attached to the following documents: |
| 1. | Business plan, specifying the details of the project intended to be performed; |
| 2. | Plan to use the subsidy or loan. |
| (3) | A person who intends to obtain a subsidy or loan pursuant to Article 38 (1) of the Act shall prepare a detailed statement of the uses of such funds and submit it to the Minister of Oceans and Fisheries quarterly. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 19 (Raising Funds for Vessel Modernization Assistance Project, and Other Related Matters) |
Pursuant to Article 39 (1) of the Act, the Minister of Oceans and Fisheries may annually determine the quantity of ships needed for the vessel modernization assistance project in consultation with the heads of relevant central administrative agencies and raise funds necessary to secure them. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 19-2 (Designation of Specialized Institutions) |
| (1) | Pursuant to Article 40-2 (1) of the Act, the Minister of Oceans and Fisheries may designate a specialized maritime industry supporting institution (hereinafter referred to as “supporting institution”) from among any of the following institutions or organizations: |
| 3. | A non-profit-making juristic person that performs business related to the support of marine transportation industry as a juristic person established under Article 32 of the Civil Act; |
| 4. | Any other institution or organization that the Minister of Oceans and Fisheries deems to have professional human resources and organizational structure necessary to conduct affairs related to support of marine transportation industry. |
| (2) | Any of the institutions or organizations set forth in the subparagraphs of paragraph (1) that intends to be designated as a supporting institution shall file an application with the Minister of Oceans and Fisheries after fulfilling all of the following requirements: |
| 1. | It shall have expertise in marine transportation transactions, etc. necessary for supporting marine transportation industry; |
| 2. | It shall have at least two persons dedicated to the supporting business with at least three years of experience in the business prescribed in the subparagraphs of Article 40-2 (2) of the Act; |
| 3. | It shall have facilities and equipment necessary to conduct the business prescribed in the subparagraphs of Article 40-2 (2) of the Act. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for designating and operating supporting institutions shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
[This Article Newly Inserted on Sep. 19, 2017]
| Article 20 (Scope of Subsidies or Loans for Mutual Aid Projects on Marine Transport) |
Subsidies and loans for mutual aid projects and the installation and operation of joint facilities granted under Article 41 of the Act shall be governed by the following subparagraphs: <Amended on Feb. 29, 2008; Mar. 23, 2013> | 1. | Subsidies and loans within the scope the Minister of Oceans and Fisheries deems necessary, out of the reserve for liability necessary for mutual aid projects; |
| 2. | Subsidies not exceeding 50/100 of the amount necessary for the installation and operation of joint facilities and loans not exceeding 80/100 thereof: Provided, That the aggregate of the subsidies and loans shall not exceed 80/100 of the amount incurred in the installation and operation of joint facilities. |
| Article 21 (Application for Subsidies or Loans for Mutual Aid Projects on Marine Transport) |
| (1) | A person who intends to obtain a subsidy or loan pursuant to Article 41 of the Act shall file a written application with the Minister of Oceans and Fisheries, specifying the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Name and address of the relevant marine transport organization, and the name of the representative thereof; |
| 2. | Reason to obtain the subsidy or loan; |
| 3. | Amount of the subsidy or loan intended to obtain. |
| (2) | A written application filed under paragraph (1) shall be attached to the following documents: |
| 2. | Statement of profit or loss for the previous year and an estimated income statement for the relevant year. |
| (3) | Article 18 (3) shall apply mutatis mutandis to a person who obtains a subsidy or loan pursuant to Article 41. |
| Article 21-2 (Detailed Standards for Disposition to Suspend Payment of Oil Tax Subsidies) |
Detailed standards for disposition, etc. to suspend payment of oil tax subsidies pursuant to Article 41-3 (3) of the Act shall be as specified in attached Table 1-2. <Amended on Jul. 6, 2015; Mar. 20, 2018> [This Article Newly Inserted on Nov. 30, 2012]
[Title Amended on Mar. 20, 2018]
| Article 21-3 (Suspension of Transaction Function of Oil Purchase Cards and Other Related Matters) |
Where the Minister of Oceans and Fisheries intends to suspend, pursuant to Article 41-3 (4) of the Act, the transaction function of a credit card, debit card, pre-paid card, etc. defined in Article 2 of the Specialized Credit Finance Business Act which are used for applying for an oil tax subsidy (hereinafter referred to as "oil purchase card") of a petroleum retailer defined in subparagraph 9 of Article 2 of the Petroleum and Alternative Fuel Business Act or of a person registered for the bunker fuel supplying business referred to in Article 2 (4) of the Harbor Transport Business Act (hereinafter referred to as "petroleum retailer, etc.") with respect to its relevant place of business, or intends not to accept the materials on the details of transactions issued by the relevant place of business as evidentiary materials under Article 41 (3) of the Act, the following standards shall apply: <Amended on Mar. 20, 2018; Apr. 30, 2018; Feb. 18, 2020> | 1. | Where the petroleum retailer, etc. has committed any act set forth in the subparagraphs of Article 41-3 (1) of the Act: Suspension of transaction function of the oil purchase card for three years or nonacceptance of evidentiary materials for three years; |
| 2. | Where the petroleum retailer, etc. has committed any act set forth in the subparagraphs of Article 41-3 (1) of the Act at least twice: Suspension of transaction function of the oil purchase card for five years or nonacceptance of evidentiary materials for five years: Provided, That, if the petroleum retailer recommits any act set forth in the subparagraphs of Article 41-3 (1) of the Act after the period of suspension of transaction function or nonacceptance of evidentiary materials under the main clause expires, the transaction function shall be suspended permanently or the evidentiary materials shall not be accepted permanently. |
[This Article Newly Inserted on Sep. 19, 2017]
[Previous Article 21-3 moved to Article 21-4 <Sep. 19, 2017>]
| Article 21-4 (Standards for Domestic Providers of Vessel Operation Services, de facto Controlled by Foreign Providers thereof) |
| (1) | A domestic provider of vessel operation services, de facto controlled by a foreign provider of vessel operation services provided for in Article 46 (1) of the Act, shall refer to any of the following providers of vessel operation services: |
| 1. | A domestic provider of vessel operation services, at least 30/100 of the total number of issued stocks of which are solely owned, as the largest stockholder (including the largest investor; hereinafter the same shall apply), by either a foreign provider of vessel operation services or a person in a special relationship with such foreign provider; or are aggregately owned by both of them as the largest stockholders; |
| 2. | A domestic provider of vessel operation services, at least 30/100 of the total number of issued stocks of which are aggregately owned, as the largest stockholder, by several foreign providers of vessel operation services (including a person in a special relationship with any of such foreign providers); |
| 3. | A domestic provider of vessel operation services, at least 30/100 of the total number of issued stocks of which are solely owned, as the largest stockholder, by either the domestic provider of vessel operation services provided for in subparagraph 1 or a person in a special relationship with such domestic provider of vessel operation services; or are aggregately owned by both of them as the largest stockholders; |
| 4. | A domestic provider of vessel operation services at least 30/100 of the total number of issued stocks of which are solely owned, as the largest stockholder, by either the domestic provider of vessel operation services referred to in subparagraph 2 or a person in a special relationship with such domestic provider of vessel operation services; or are aggregately owned by both of them as the largest stockholders. |
| (2) | “Person in a special relationship” in each subparagraph of paragraph (1) means a person falling under any of the subparagraphs of Article 13 (3). |
[This Article Newly Inserted on Mar. 18, 2013]
[Moved from Article 21-3 <Sep. 19, 2017>]
| Article 22 (Countermeasure) |
| 1. | Discriminative treatment in respect of the business activities of a provider of marine transportation services, such as establishing a branch or collecting cargo; |
| 2. | Discriminative treatment in respect of using harbor facilities and other facilities incidental thereto, and using services in the relevant facilities. |
| (2) | Where the Minister of Oceans and Fisheries intends to take a countermeasure pursuant to Article 46 (1) of the Act, the Minister shall give notice of the act giving rise to the countermeasure and a deadline for correction of such act to the country, corporation, or organization concerned, and may, if necessary, give notice thereof to the providers of vessel operation services of such country, corporation, or organization, and the owners of cargo using the ships of such providers. <Amended on Feb. 29, 2008; Mar. 18, 2013; Mar. 23, 2013> |
| (3) | Notice given under paragraph (2) shall specify the fact that the countermeasure against the act will be taken, in cases of failing to correct the act giving rise to the countermeasure by the deadline for correction. |
| (4) | If the act giving rise to the countermeasure fails to be corrected by the deadline provided for in paragraph (2), the Minister of Oceans and Fisheries shall take the countermeasure against such act. In such cases, the Minister shall consult with the head of a relevant central administrative agency where it is anticipated that the countermeasure concerned would be likely to cause an important impact on commerce and diplomacy with the counterpart state. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 23 (Regulating Entry into Ports and Other Related Matters) |
| 2. | Restricting or prohibiting business activities, such as the establishment of a branch and the collection of a cargo; |
| 3. | Restriction or prohibition of using harbor facilities and other facilities incidental thereto and using services in the relevant facilities. |
| (2) | Where the Minister of Oceans and Fisheries takes such measures as regulating entry into ports pursuant to paragraph (1), he/she shall hold a hearing and notify the details of such measure to the domestic providers of marine transportation services related to the operation of ships by the relevant service provider and to the cargo owners using the ships of the relevant service provider. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Where the Minister of Oceans and Fisheries takes such measures as regulating entry into ports under paragraph (1), if deemed necessary, he/she may give a certain period for correction; if correction is not completed within the period, he/she may take such measures. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 23-2 (Persons Granting Certification of Excellent Shipping Company and Shipper and Those Eligible Therefor) |
Certification of an excellent shipping company and shipper under Article 47-2 (1) of the Act shall be granted by the Minister of Oceans and Fisheries to the following: | 2. | Persons who have filed for registration of scheduled overseas cargo transportation services under Article 24 (2) of the Act. |
[This Article Newly Inserted on Feb. 18, 2020]
[Previous Article 23-2 moved to Article 23-6 <Feb. 18, 2020>]
| Article 23-3 (Inspection of Certified Companies) |
| (1) | The Minister of Oceans and Fisheries shall, pursuant to Article 47-2 (5) of the Act, inspect whether a person certified as an excellent shipping company and shipper under paragraph (1) of the same Article (hereinafter referred to as "certified company") continues to meet the requirements under paragraphs (3) and (4) of the same Article (hereinafter referred to as "certification requirements") every three years, counting from the base date when the certification is granted (referring to the period that ends on the day before the base date of every third year). |
| (2) | Where necessary to inspect whether a certified company continues to meet the certification requirements, the Minister of Oceans and Fisheries may conduct an occasional inspection, in addition to the inspection under paragraph (1), only once a year. |
[This Article Newly Inserted on Feb. 18, 2020]
[Previous Article 23-3 moved to Article 23-7 <Feb. 18, 2020>]
| Article 23-4 (Designation of Institutions Solely in Charge of Certification) |
| (1) | The Minister of Oceans and Fisheries may, pursuant to Article 47-4 (1) and (3), designate an institution that meets all of the following requirements as an institution solely in charge of certification under paragraph (1) of the same Article (hereinafter referred to as "institution solely in charge of certification"): |
| 1. | The details of affairs of the relevant institution as prescribed in statutes, regulations, or the articles of incorporation shall include affairs concerning support for the marine transportation industry; |
| 2. | The institution shall have personnel and facilities necessary to perform the affairs prescribed in the subparagraphs of Article 47-4 (1) of the Act. |
| (2) | Where the Minister of Oceans and Fisheries designates an institution solely in charge of certification pursuant to paragraph (1), he/she shall publish the name, contact information, representative, and location of the institution in the Official Gazette. |
| 1. | Public relations activities on the certification system (hereinafter referred to as "certification system") and certified companies under Article 47-2 (1) of the Act; |
| 2. | Research on the certification system; |
| 3. | Other affair related to the certification system as determined and publicly notified by the Minister of Oceans and Fisheries. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 23-5 (Support for Certified Companies) |
The Minister of Oceans and Fisheries may, pursuant to Article 47-7 of the Act, reduce fees for harbor facilities for certified companies or exempt them from such fees under the proviso of Article 42 (1) of the Harbor Act or provide other support deemed necessary to promote the certification system. <Amended on Jul. 28, 2020> [This Article Newly Inserted on Feb. 18, 2020]
| Article 23-6 (Special Cases concerning Transportation of First-Aid Patients) |
| 2. | Guardians of the passengers falling under subparagraph 1, and emergency medical personnel defined in subparagraph 4 of Article 2 of the Emergency Medical Service Act who are needed to transfer the patients: Provided, That the number of emergency medical personnel shall be limited to four persons per passenger falling under subparagraph 1. |
| (2) | The limit of passengers who may be transported in excess of the maximum number of passengers able to board pursuant to paragraph (1) shall be classified as follows: <Amended on May 21, 2019> |
| 1. | A person licensed for marine passenger transportation services pursuant to Article 4 (1) of the Act: Within the limit not exceeding the prescribed number of passengers that can be temporarily increased during the special transport period under subparagraph 1 of Article 10 of the Act according to the standards for the calculation of the maximum number of passengers able to board under Article 8 (3) of the Ship Safety Act (hereinafter referred to as “standards for the calculation of the maximum number of passengers able to board”): Provided, That in the case of a ship for which the number of passengers that can be temporarily increased is not calculated, the limit shall not exceed 10/100 of the prescribed number of passengers according to the standards for the calculation of the maximum number of passengers able to board; |
| 2. | A person who has registered for coastal cargo transportation services under Article 24 (1): Within the limit not exceeding 100/100 of the prescribed number of passengers according to the standards for the calculation of the maximum number of passengers able to board. |
[This Article Newly Inserted on Sep. 19, 2017]
[Moved from Article 23-2 <Feb. 18, 2020>]
| Article 23-7 (Payment of Monetary Rewards) |
| (1) | The head of a relevant administrative agency or the head of an investigative agency, in receipt of a report on or accusation against any prohibited act provided for in Article 41-3 (1) of the Act, shall notify the Minister of Oceans and Fisheries thereof. |
| (2) | The Minister of Oceans and Fisheries in receipt of notification pursuant to paragraph (1) shall, after verifying the contents of the report or accusation, determine whether to pay a monetary reward to the informant or accuser: Provided, That no monetary reward shall be paid in any of the following cases: |
| 1. | After a report or accusation has been filed pursuant to Article 49-2 of the Act, where a further report on or accusation against the one and the same violation is filed based on the same fact; |
| 2. | Where a report or accusation is filed with respect to any matter for which judicial proceedings are already pending; |
| 3. | Where a report or accusation is filed in violation of a relevant statute. |
| (3) | An informant or accuser notified of a determination of payment of a monetary reward pursuant to paragraph (2) shall apply to the Minister of Oceans and Fisheries for payment of a monetary reward, as determined and publicly notified by the Minister of Oceans and Fisheries. |
| (4) | Except as provided in paragraphs (1) through (3), necessary matters concerning standards for payment of monetary rewards, and methods and procedures therefor shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
[This Article Newly Inserted on Jul. 6, 2015]
[Moved from Article 23-3 <Feb. 18, 2020>]
| Article 24 (Violations Subject to Imposition of Penalty Surcharge and Amount thereof) |
| (1) | The categories of violations subject to imposition of a penalty surcharge and the amounts of penalty surcharges pursuant to Articles 19 (3), 32, 35, and 36 of the Act shall be as specified in attached Table 2. <Amended on Nov. 30, 2012> |
| (2) | The Minister of Oceans and Fisheries may increase or reduce the amount of a penalty surcharge provided for in paragraph (1), by up to 1/2 thereof, in consideration of the scale of a project, the specialization of the project area, and the gravity of the relevant violation. <Amended on Feb. 29, 2008; Apr. 4, 2011; Mar. 23, 2013> |
| Article 25 (Payment of Penalty Surcharge) |
| (1) | Where imposing a penalty surcharge pursuant to Article 24, the Minister of Oceans and Fisheries shall notify a person subject to the imposition of a penalty surcharge to pay it, in writing, specifying in detail the category of the relevant violation and the amount of the relevant penalty surcharge: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Any person notified pursuant to paragraph (1) shall pay the penalty surcharge to a collecting agency designated by the Minister of Oceans and Fisheries within 20 days from the date he/she receives such notification: Provided, That if the person is unable to pay the penalty surcharge within the specified period due to a natural disaster or any other unavoidable cause, he/she shall pay it within seven days from the date such cause ceases to exist. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Any collecting agency in receipt of payment of a penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer and notify the Minister of Oceans and Fisheries of such fact, without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | No penalty surcharge shall be paid in installments. |
| Article 26 (Demand of Payment of Penalty Surcharge) |
Where any person who has received a payment notice of a penalty surcharge pursuant to Article 25 (1) fails to pay it by the payment deadline, the Minister of Oceans and Fisheries shall issue a demand note within seven days from the deadline. In such cases, the deadline for payment shall be specified to be within 10 days from the date the demand note is issued. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 27 (Delegation of Authority) |
| (1) | The Minister of Oceans and Fisheries shall, pursuant to Article 53 of the Act, delegate regional offices of oceans and fisheries with the following authority over coastal passenger transportation services; overseas passenger transportation services; coastal cargo transportation services; and non-scheduled overseas cargo transportation services: <Amended on Feb. 29, 2008; Oct. 19, 2011; Nov. 30, 2012; Mar. 23, 2013; Nov. 19, 2014; Jan. 6, 2015; Jul. 6, 2015; Dec. 5, 2016; Sep. 19, 2017; Sep. 28, 2018; Feb. 18, 2020> |
| 1. | Granting licenses for marine passenger transportation services (limited to costal passenger transportation services) pursuant to Article 4 of the Act; |
| 2. | Receipt of reports on, or reports on modification of, cargo and fare rates pursuant to Article 11 (2) of the Act; |
| 2-2. | Receipt of a report on, or report on modification of, terms and conditions of transportation pursuant to Article 11-2 (2) of the Act; |
| 3. | Receipt of a report on, or granting authorization for, modification of a service plan pursuant to Article 12 (2) and (4) of the Act; |
| 3-2. | Receipt of reports filed under Article 13 (2) of the Act; |
| 4. | Issuance of orders to operate in compliance with a service plan under Article 13 (3) of the Act; |
| 5. | Issuance of an order to improve services pursuant to Articles 14 and 30 of the Act; |
| 6. | Designation and operation of a subsidized service route pursuant to Article 15 of the Act, issuance of orders to operate passenger ships pursuant to Article 16 (1) of the Act, and revocation of such order pursuant to Article 16 (2) of the Act; |
| 7. | Compensation for losses pursuant to Article 16 (3) of the Act; |
| 7-2. | Receipt of reports on succession to services pursuant to Article 17 (5) of the Act (including cases to which Article 17 (5) of the Act applies mutatis mutandis pursuant to Article 32 (1) of the Act); |
| 8. | Receipt of a report on suspension or closure of services; permission to suspend scheduled coastal passenger transportation services; and public announcement thereof pursuant to Article 18 (including cases to which Article 18 shall apply mutatis mutandis pursuant to Article 32 (1) of the Act) of the Act; |
| 9. | Suspension of services; revocation of licenses for or registration of services; and imposition and collection of penalty surcharges, pursuant to Article 19 of the Act (including cases to which Article 19 of the Act applies mutatis mutandis pursuant to Article 32 (1) of the Act) regarding delegated matters; |
| 9-2. | Authority referred to in the following items concerning operation management rules under Article 21 (1) of the Act: |
| (a) | Receipt of operation management rules formulated under Article 21 (1) of the Act; |
| (b) | Composition and operation of the examination committee established under the former part of Article 21 (2) of the Act; |
| (c) | Examination of, and request for amendment of, operation management rules, pursuant to the former part of Article 21 (2) of the Act; |
| (d) | Checking under Article 21 (4) of the Act, as to whether operation management rules are observed; |
| (e) | Detention of a ship; issuance of a corrective order, and other relevant measures taken under Article 21 (5) of the Act; |
| 9-3. | Authority referred to in the following items concerning requests and reports by vessel operations managers appointed under Article 22 (2) of the Act: |
| (a) | Receipt of a report by a vessel operations manager on the detention of a ship filed under the proviso, with the exception of the subparagraphs, of Article 22 (5) of the Act; |
| (b) | Receipt of a request to increase operations of passenger ships, etc. filed under Article 22 (5) 1 of the Act; |
| (c) | Receipt of a request for detention of a ship filed under Article 22 (5) 2 of the Act; |
| (d) | Receipt of a request to change operations in conformity with a service plan, filed under Article 22 (5) 3 of the Act; |
| (e) | Receipt of a request to take measures against violations of the operation management rules committed by a provider of coastal passenger transportation services, filed under Article 22 (5) 4 of the Act; |
| 9-4. | Supervision of the duties of operations managers, such as requiring them to submit relevant materials or report thereon, or authorizing access to and inspection of offices, etc.; and issuance of an order to take measures, such as making improvements in performing duties, pursuant to Article 22 (6) of the Act; |
| 10. | Registration of coastal cargo transportation services and receipt of reports on modification of registered matters pursuant to Article 24 of the Act; |
| 11. | Receipt of reports pursuant to Article 25 (2) of the Act; |
| 12. | Permission of any exception to restriction pursuant to Article 49 (3) of the Act; |
| 12-2. | Verification of the details of reports or denouncements and payment of monetary rewards pursuant to Article 49-2 of the Act; |
| 13. | Requiring him/her to submit materials or report pursuant to Article 50 (1) of the Act regarding delegated matters; and requiring investigation pursuant to Article 50 (2) of the Act; |
| 14. | Hearings on revocation of a license or registration pursuant to Article 51 of the Act regarding delegated matters; |
| 15. | Imposition and collection of administrative fines provided for in Article 59 of the Act regarding delegated matters. |
| (2) | The jurisdiction of a regional office of oceans and fisheries delegated with authority pursuant to paragraph (1) shall be subject to the following standards: <Newly Inserted on Nov. 30, 2012; Mar. 23, 2013; Jan. 6, 2015; May 21, 2019> |
| 1. | Coastal passenger transportation services: The head of the regional office of oceans and fisheries who has jurisdiction over the main route of a relevant passenger ship. In this case, standards for determining main routes of passenger ships shall be determined by the Minister of Oceans and Fisheries; |
| 2. | Overseas passenger transportation services: The head of a regional office of oceans and fisheries who has jurisdiction over the departure place of a relevant ship; |
| 3. | Coastal cargo transportation services: The head of the regional office of oceans and fisheries who has jurisdiction over the seat of the principal office or the business office (the business office refers to the unit in charge of coastal cargo transportation services): Provided, That where a person who has registered for non-scheduled overseas cargo transportation services under Article 24 (2) of the Act intends to temporarily transport cargo between domestic ports, the head of a regional office of oceans and fisheries who has jurisdiction over the departure place of a relevant ship shall receive a report from the person, for the exercise of the authority delegated under paragraph (1) 11; |
| 4. | Non-scheduled overseas cargo transportation services: The head of the regional office of oceans and fisheries who has jurisdiction over the seat of the principal office. |
| (3) | The Minister of Oceans and Fisheries shall delegate a regional office of oceans and fisheries having jurisdiction over the seat of the principal office with the following authority concerning marine transportation brokerage business, shipping agency services, vessel leasing services, and vessel management services in accordance with Article 53: <Amended on Feb. 29, 2008; Oct. 19, 2011; Nov. 30, 2012; Mar. 23, 2013; Jan. 6, 2015; Dec. 5, 2016; Sep. 19, 2017> |
| 1. | Registration, modification of registered matters, and renewal of such registration; revocation of registration; suspension of services; and imposition and collection of penalty surcharges, pursuant to Articles 33 and 35 of the Act; |
| 2. | Issuance of orders to deposit a service security bond or to take out security insurance pursuant to Article 34 of the Act; |
| 2-2. | Issuance of orders to improve services pursuant to Article 14 of the Act, which applies mutatis mutandis under Article 36 of the Act; |
| 2-3. | Receipt of reports on succession to services filed under Article 17 (5) of the Act, which applies mutatis mutandis under Article 36 of the Act; |
| 3. | Requesting them to submit materials or report pursuant to Article 50 (1) of the Act regarding delegated matters; |
| 4. | Hearings on revocation of a license or registration held under Article 51 of the Act; |
| 5. | Imposition and collection of administrative fines pursuant to Article 59 of the Act regarding delegated matters. |
| (4) | Deleted. <Nov. 19, 2014> |
| (5) | Deleted. <Mar. 23, 2013> |
[Title Amended on Sep. 19, 2017]
| Article 27-2 (Management of Personally Identifiable Information) |
| 1. | Administrative affairs concerning licenses for marine passenger transportation services under Article 4 of the Act; |
| 2. | Administrative affairs concerning registration, registration for modification, and renewal of registration, of marine transportation brokerage business, shipping agency services, vessel leasing services, or vessel management services under Article 33 of the Act; |
[This Article Newly Inserted on Mar. 27, 2017]
| (1) | Where publishing pursuant to Article 55 of the Act, the Minister of Oceans and Fisheries shall notify a relevant services provider of a plan for publication and a measure necessary to be exempted from such publication, by no later than 15 days before the planned date of publication. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where the provider of marine transportation services notified pursuant to paragraph (1) fails either to present reasonable grounds by the day immediately before the planned date of publication or to take a measure necessary for exemption from publication, the Minister of Oceans and Fisheries shall publicly notify such fact in the Official Gazette or publish it in any other manner that can make major services providers and cargo owners aware of such fact. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 19, 2017> |
| (3) | Where the Minister of Oceans and Fisheries deems that a provider of marine transportation services has compiled with a corrective measure taken for a relevant published matter, the Minister may, upon request by the provider of marine transportation services, publicly announce the fact of the completion of correction at the expense of the relevant services provider. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 28-2 (Re-Examination of Regulation) |
The Minister of Oceans and Fisheries shall examine the appropriateness of the scope of corporations de facto owned or controlled by shippers of large volume cargo under Article 13 (2), counting from January 1, 2017 (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 Wholly Amended on Mar. 3, 2020]
| Article 29 (Standards for Imposition of Administrative Fines) |
Standards for imposition of administrative fines provided for in Article 59 (1) through (3) of the Act shall be as specified in attached Table 3. <Amended on Nov. 30, 2012; Jul. 6, 2015> [This Article Wholly Amended on Apr. 4, 2011]
ADDENDA <Presidential Decree No. 20398, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Shipping Agency Services)
Any international shipping agency services or domestic shipping agency services registered pursuant to the previous provisions as of November 22, 2001, on which the amendment to the Enforcement Decree of the Marine Transportation Act (Presidential Decree No. 17414) enters into force, shall be deemed shipping agency services provided for in this Decree. Articles 3 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 amendments to Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, among the Presidential Decree amended under Article 6 of these Addenda, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively. Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22225, Jun. 28, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22829, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Calculation of Floor Area Ratio following Amendment to the Enforcement Decree of the Building Act) Article 4 (Transitional Measures concerning Penalty Surcharges or Administrative Fines)
| (1) | Imposition of penalty surcharges or administrative fines for violations committed before this Decree enters into force shall be subject to the previous provisions. |
| (2) | Imposition of penalty surcharges or administrative fines for violations committed before this Decree enters into force shall not be taken into account in the number of violations calculated under the amended provisions of this Decree. |
ADDENDA <Presidential Decree No. 23233, Oct. 19, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning from Delegation of Authority)
Where administrative procedures are pending with respect to any business affair delegated pursuant to the amended provisions of Article 27 (1) and (2) as at the time this Decree enters into force, the Ministry of Land, Infrastructure and Transport shall conduct such business affairs pursuant to the previous provisions, notwithstanding the amended provisions.
ADDENDUM <Presidential Decree No. 24214, Nov. 30, 2012>
This Decree shall enter into force on December 2, 2012.
ADDENDUM <Presidential Decree No. 24410, Mar. 18, 2013>
This Decree shall enter into force on March 19, 2013.
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.
ADDENDA <Presidential Decree No. 25759, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Delegation of Authority)
Administrative dispositions taken by the head of the Korea Coast Guard; other acts done by the head of the Korea Coast Guard; and requests made or other acts done in relation to the head of the Korea Coast Guard pursuant to the previous Article 27 (4), before this Decree enters into force, shall be deemed acts done by or in relation to the administrator of a regional office of oceans and fisheries under the amended provisions of Article 27 (1), respectively.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26388, Jul. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2015: Provided, That the amended provisions of Article 12-3, attached Table 1, and subparagraph 2 (b), (c) and (m) of attached Table 3 shall enter into force on July 1, 2016. Article 2 (Applicability concerning Unfavorable Measures Based on Appraisal of Customer Satisfaction Levels)
| (1) | The amended provisions of subparagraphs 1 and 4 of Article 5 shall begin to apply from unfavorable measures taken based on the first appraisal of customer satisfaction levels which is completed after this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of subparagraph 3 of Article 5, the previous provisions shall apply to unfavorable measures based on the appraisals of customer satisfaction levels which have been completed before this Decree enters into force. |
Article 3 (Transitional Measures concerning Detailed Standards for Disposition to Suspend Payment of Oil Tax Subsidies or such Other Actions)
| (1) | Notwithstanding the amended provisions of attached Table 1-2, application of detailed guidelines for disposition to suspend payment of oil tax subsidies against violations committed before this Decree enters into force shall be subject to the previous provisions. |
| (2) | Notwithstanding the amended provisions of subparagraph 1 (a) of attached Table 1-2, disposition issued to suspend payment of oil tax subsidies during a period of between three years and five years, before this Decree enters into force, shall not be taken into account in the number of violations calculated under the amended provisions of subparagraph 2 of attached Table 1-2. |
Article 4 (Transitional Measure concerning Guidelines for Imposition of Administrative Fines)
Notwithstanding the amended provisions subparagraph 2 of attached Table 2, the application of guidelines for imposition of penalty surcharges for violations committed, before this Decree enters into force, shall be subject to the previous provisions.
ADDENDA <Presidential Decree No. 27658, Dec. 5, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Delegation of Authority)
| (1) | Notwithstanding the amended provisions of the proviso to Article 27 (1), the previous provisions shall apply where administrative procedures for the authority referred to in each subparagraph of Article 27 (1) are pending with respect to a non-scheduled overseas cargo transportation services company, the principal office of which is located in Seoul Special Metropolitan City, as at the time this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of the proviso to Article 27 (3), the previous provisions shall apply where administrative procedures for any affair related to the authority referred to in each subparagraph of Article 27 (3) are pending with respect to a marine transportation brokerage business company, shipping agency services company, or vessel leasing services company, the principal office of which is located in Seoul Special Metropolitan City, as at the time this Decree enters into force. |
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28335, Sep. 19, 2017>
This Decree shall enter into force on September 22, 2017: Provided, That the amended provisions of subparagraph 2 (m) through (t) of attached Table 3 shall enter into force on January 1, 2018.
ADDENDUM <Presidential Decree No. 28713, Mar. 20, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28845, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 29200, Sep. 28, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Guidelines for Imposition of Penalty Surcharges)
In applying guidelines for imposition of penalty surcharges to violations before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of attached Table 2.
ADDENDUM <Presidential Decree No. 29781, May 21, 2019>
This Decree shall enter into force on June 12, 2019: Provided, That the amended provisions of Articles 12-2 (2) 3 and 23-2 shall enter into force on July 1, 2019, and the amended provisions of Article 27 (2) 3 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30433, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 21, 2020.
Article 2 (Transitional Measures concerning Suspension of Transaction Function of Oil Purchase Cards)
| (1) | Notwithstanding the amended provisions of Article 21-3, the previous provisions shall apply to violations committed by petroleum retailers, etc. before this Decree enters into force. |
| (2) | Where a petroleum retailer, etc. who has committed a violation before this Decree enters into force recommits a violation on or after the date this Decree enters into force, the violation committed before this Decree enters into force shall be also included in the calculation of the number of violations under the amended provisions of Article 21-3. |
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30876, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 30956, Aug. 19, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 19, 2020.
Article 2 (Transitional Measures concerning Standards for Imposing Administrative Fines)
Where a person subject to the imposition of an administrative fine for a violation of subparagraph 2 (l) and (n) of the previous attached Table 3 recommits the same violation on or after the date this Decree enters into force, the imposition of the administrative fine for the violation committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provisions of subparagraph 2 (l) and (n) of attached Table 3.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)