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ENFORCEMENT DECREE OF THE ACT ON THE INVESTIGATION OF AND INQUIRY INTO MARINE ACCIDENTS

Presidential Decree No. 16541, Aug. 23, 1999

Amended by Presidential Decree No. 17505, Feb. 4, 2002

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 19563, jun. 29, 2006

Presidential Decree No. 20300, Sep. 28, 2007

Presidential Decree No. 20722, Feb. 29, 2008

Presidential Decree No. 23357, Dec. 8, 2011

Presidential Decree No. 24153, Oct. 29, 2012

Presidential Decree No. 24443, Mar. 23, 2013

Presidential Decree No. 25618, Sep. 18, 2014

Presidential Decree No. 29924, jun. 25, 2019

Presidential Decree No. 31349, Dec. 31, 2020

Presidential Decree No. 31380, Jan. 5, 2021

Presidential Decree No. 31973, Sep. 7, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on the Investigation of and Inquiry into Marine Accidents and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 1-2 (Scope of Ships)
"Ship ... which is determined by Presidential Decree” in subparagraph 2 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents (hereinafter referred to as the “Act”) means the following: Provided, That the foregoing shall not apply to military vessels or vessels used by the police that have independently caused a marine accident irrespective of other vessels; to military vessels or vessels used by the police that have mutually caused a marine accident; and to other water leisure craft determined and publicly notified by the Minister of Oceans and Fisheries: <Amended on Mar. 23, 2013; Dec. 31, 2020>
1. Power vessels (referring to ships propelled by an engine, including ships that have a propulsion engine attached to the outer parts of the hull which may be separated therefrom);
2. Non-power vessels (including sail ships and barges);
3. Wing-in-ground ships (referring to ships that exploit the "wing-in-ground" effect to fly just above the water surface);
4. Waterborne aircraft.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 2 (Name, Location and Jurisdiction of District Maritime Safety Tribunals)
(1) Deleted. <Sep. 18, 2014>
(2) The name, location and jurisdiction of the District Maritime Safety Tribunals prescribed in Article 8 (1) of the Act (hereinafter referred to as the "District Tribunals") and their jurisdiction over cases prescribed in Article 24 (5) of the Act shall be as provided for in attached Table 1.
[This Article Wholly Amended on Oct. 29, 2012]
[Title Amended on Sep. 18, 2018]
 Article 3 (Requests for Transfer of Jurisdiction)
(1) Any investigator or person involved in a marine accident intending to request transfer of jurisdiction pursuant to Article 26 (1) of the Act shall submit an application for transfer of jurisdiction to the Korea Maritime Safety Tribunal referred to in Article 8 (1) of the Act (hereinafter referred to as the "Korea Tribunal") or the competent District Tribunal. <Amended on Sep. 18, 2014>
(2) The request for transfer of jurisdiction prescribed in paragraph (1) shall not be permitted in any of the following cases:
1. Where the relevant person has already made a statement about the relevant case at an inquiry tribunal;
2. Where an application for an inquiry has been made as to whether a disposition not subject to inquiry is appropriate pursuant to Article 39-2 (1) of the Act.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 4 (Processing Requests for Transfer of Jurisdiction)
(1) The Korea Tribunal in receipt of an application for transfer of jurisdiction referred to in Article 3 (1) shall send such application to the competent District Tribunal without delay.
(2) Where the District Tribunal receives the application for transfer of jurisdiction pursuant to paragraph (1) and Article 3 (1), it shall send the application, attached with its opinions, to the Korea Tribunal without delay.
(3) Where the District Tribunal sends the application for transfer of jurisdiction to the Korea Tribunal pursuant to paragraph (2), it shall suspend the proceedings for an inquiry until a decision is made by the Korea Tribunal and notify such fact to the relevant investigator and the persons involved in the relevant marine accident.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 5 (Decisions by Korea Tribunal)
(1) Where an application for transfer of jurisdiction is deemed reasonable, the Korea Tribunal shall designate a District Tribunal to have jurisdiction over the relevant case and decide to transfer the jurisdiction.
(2) Except for cases prescribed in paragraph (1), the Korea Tribunal shall decide to dismiss the application.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 6 (Service of Written Decision and Notification)
(1) Where the Korea Tribunal makes a decision pursuant to Article 5, it shall serve an authentic copy of its written decision on the relevant applicant via the original competent District Tribunal.
(2) Where the Korea Tribunal decides to transfer jurisdiction pursuant to Article 5 (1), it shall notify such decision to the District Tribunal newly granted jurisdiction over the case without delay.
(3) Where a decision is made pursuant to Article 5, the original competent District Tribunal shall notify such decision to the investigator and the persons involved in the relevant marine accident, other than the person who has applied for transfer of jurisdiction.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 7 (Sending Documents and Evidence)
(1) Where a decision to transfer jurisdiction is made pursuant to Article 5 (1), the original competent District Tribunal shall without delay send related documents and evidence to the chief investigator of the District Tribunal newly granted jurisdiction over the case.
(2) Where the chief investigator of the District Tribunal receives documents prescribed in paragraph (1), he or she shall review the details thereof and deliver such documents to the inquiry board of the District Tribunal where he or she belongs within five days.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 7-2 (Standards for Determining Disciplinary Actions against Ship Officers or Pilots)
The disciplinary actions to be taken against a ship officer or a pilot by the Maritime Safety Tribunals (hereinafter referred to as the "Tribunals") pursuant to Article 6 (1) of the Act shall be fairly determined by comprehensively taking into account the degree of his or her professional intention or negligence in relation to a marine accident, the severity of the damage caused by a marine accident, the situation at the time of a marine accident, and other relevant circumstances.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 7-3 (Educational Institution Entrusted with Job Training)
“Entrusted educational institution specified by Presidential Decree” in Article 6-3 (2) of the Act means the following institutions: <Amended on Sep. 7, 2021>
1. The Korea Institute of Maritime and Fisheries Technology established under the Korea Institute of Maritime and Fisheries Technology Act;
2. The Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act.
[This Article Newly Inserted on Dec. 8, 2011]
[Previous Article 7-3 moved to Article 7-4 <Dec. 8, 2011>]
 Article 7-4 (Educational Institutions)
“Educational institution determined by Presidential Decree” in Article 9-2 (3) 3 of the Act means any of the following:
1. Schools defined in subparagraphs 1 through 4 of Article 2 of the Higher Education Act;
2. The Korea Institute of Maritime and Fisheries Technology established under the Korea Institute of Maritime and Fisheries Technology Act.
[This Article Wholly Amended on Oct. 29, 2012]
CHAPTER II NON-PERMANENT JUDGES
 Article 8 (Fixed Number)
The number of non-permanent judges of each Tribunal shall be up to 20.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 9 (Commissioning)
(1) In commissioning non-permanent judges pursuant to Article 14 (1) of the Act, the commissioner of each Tribunal shall not commission any person prescribed in Article 10 of the Act.
(2) Deleted. <Jun. 25, 2019>
[This Article Wholly Amended on Oct. 29, 2012]
 Article 10 (Qualifications for Non-Permanent Judges)
Non-permanent judges shall be commissioned among those having knowledge and experience in any of the following areas:
1. Navigating ships or operating ship engines;
2. Fishing technology;
3. Shipbuilding, machinery, and outfitting;
4. Maritime inspection, or port loading and unloading;
5. Structure of ships;
6. Constructing ports;
7. Weather and sea weather;
8. Ship communication;
9. Statutes or regulations related to maritime affairs;
10. Operating ships;
11. Electronic equipment;
12. Nautical charts and publications, and nautical marks;
13. Characteristics or loading of cargo;
14. Marine pollution prevention;
15. Other special areas related to the relevant case.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 11 (Measures for Filling Vacancy of Non-Permanent Judges)
When a vacancy occurs in the position of a non-permanent judge at any Tribunal or when any non-permanent judge becomes unable to perform his or her duties for any unavoidable reason, the Commissioner of the Korea Maritime Safety Tribunal (hereinafter referred to as the "Commissioner of the Korea Tribunal") may have a non-permanent judge at any other Tribunal perform such duties. <Amended on Sep. 7, 2021>
[This Article Wholly Amended on Oct. 29, 2012]
CHAPTER III DISQUALIFICATION, CHALLENGE, AND REFRAINMENT
 Article 12 (Decision of Disqualification)
Where any judge or non-permanent judge is subject to disqualification for a ground, a Tribunal shall decide to disqualify such judge or non-permanent judge ex officio or upon his or her own request.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 13 (Procedures for Applying for Challenge)
The application for challenge shall be made in writing by clearly stating the reasons therefor to the Tribunal where the relevant judge or non-permanent judge belongs.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 14 (Written Opinions)
The judge or non-permanent judge against whom the application for challenge has been filed shall submit his or her written opinions on the application without delay.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 15 (Decision on Application for Challenge)
(1) Where the Tribunal deems that the application for challenge made under Article 13 is reasonable, it shall decide to disqualify the relevant judge or non-permanent judge: Provided, That where the judge or non-permanent judge who has been challenged voluntarily admits that there is a reasonable ground for the application for challenge, it shall be deemed that the decision of disqualification has been made.
(2) Where the Tribunal deems that there is no reasonable ground for the application for challenge, it shall decide to dismiss the application.
(3) No judge who has been challenged shall engage in decision-making prescribed in paragraph (1) or (2).
[This Article Wholly Amended on Oct. 29, 2012]
 Article 16 (Application for Refrainment)
The application for refrainment shall be made in writing by clearing stating the reasons therefor to the Tribunal where the relevant judge or non-permanent judge belongs.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 17 (Suspension of Inquiry Proceedings)
Where an application for disqualification, challenge or refrainment is made, a Tribunal shall suspend the inquiry proceedings, except in particularly urgent cases.
[This Article Wholly Amended on Oct. 29, 2012]
CHAPTER III-2 INVESTIGATORS
 Article 17-2 (Qualifications for Investigators of District Tribunals)
The qualifications for an investigator of a District Tribunal under the proviso of Article 16-2 (2) of the Act shall be as follows:
1. A person who has obtained a license for first-class ship officer as a mate, engineer or operator;
2. A person who has obtained a license for second-class ship officer as a mate, engineer or operator, with at least a total of five years of work experience falling under any of the following:
(a) Work experience as a public official of Grade VII or higher in administering maritime affairs and fisheries;
(b) Work experience as a ship surveyor prescribed in Article 77 (1) of the Ship Safety Act;
(c) Experience of teaching subjects related to the navigation of ships or operation of ship engines at educational institutions prescribed in Article 7-4 or at specialized high schools (only applicable to high schools related to fisheries or maritime affairs) prescribed in Article 91 (1) of the Enforcement Decree of the Elementary and Secondary Education Act.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 17-3 (Duties of Investigators)
“Other affairs prescribed by Presidential Decree” in Article 17 of the Act mean the following:
1. Compiling and analyzing marine accident statistics;
2. On-site inspection of marine accidents;
3. International cooperation on marine accidents;
4. Matters concerning collecting statutory data on marine accidents.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 17-4 (Scope of Information Subject to Disclosure Restriction)
“Information specified by Presidential Decree” in the proviso of Article 18-3 (7) of the Act means any of the following information:
1. Statements of persons subject to investigations;
2. Communication records related to ship navigation (including voice records, translations, etc.);
3. Privacy information (including medical information) of persons subject to investigations;
4. Information recorded in voyage date recorders, or other ship operation recorders similar thereto;
5. Drawings and ship survey certificates submitted during investigations.
[This Article Wholly Amended on Dec. 8, 2011]
 Article 17-5 (Exceptional Disclosure of Information Subject to Disclosure Restriction)
The following criteria shall be fully met to disclose information prescribed in the subparagraphs of Article 17-4 pursuant to Article 18-3 (7) of the Act:
1. The information subject to disclosure restriction shall be essential to identifying the cause of marine accidents or marine near-misses;
2. The disclosure shall be made by including the relevant information in an investigation report referred to in Article 18-3 (3) of the Act.
[This Article Wholly Amended on Dec. 8, 2011]
CHAPTER IV INQUIRY COUNSELS
 Article 18 Deleted. <Aug. 23, 1999>
 Article 19 Deleted. <Aug. 23, 1999>
 Article 20 Deleted. <Jun. 25, 2019>
 Article 20-2 Deleted. <Aug. 23, 1999>
 Article 21 Deleted. <Jun. 25, 2019>
 Article 22 (Application for Special Inquiry Counsels)
Any person intending to obtain permission under the proviso of Article 27 (3) of the Act shall submit a written application to a Tribunal. In such cases, the Tribunal shall determine whether to grant permission.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 23 (Timing for Appointing Inquiry Counsels)
Any person involved in a marine accident or interested party may appoint an inquiry counsel at any time before the pleadings before an inquiry tribunal are closed.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 24 (Instances and Appointment of Inquiry Counsels)
Where any person involved in a marine accident or interested party intends to appoint an inquiry counsel pursuant to Article 27 of the Act, he or she shall appoint an inquiry counsel for each instance, and submit a document to a Tribunal under the joint signatures with the inquiry counsel.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 25 (Registration of Inquiry Counsels)
(1) Any person intending to be registered as an inquiry counsel pursuant to Article 28 (2) of the Act shall submit a written application for registration prescribed by Ordinance of the Ministry of Oceans and Fisheries to the Commissioner of the Korea Tribunal, attached with the following documents:
1. Documents proving that he or she meets the qualifications prescribed in Article 28 (1) of the Act;
2. A photograph of the upper body.
(2) The Commissioner of the Korea Tribunal shall issue a registration certificate as an inquiry counsel to a person who has been registered as an inquiry counsel pursuant to Article 28 (2) of the Act, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Matters necessary for registering inquiry counsels, other than those prescribed in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Wholly Amended on Jun. 25, 2019]
 Article 26 (Revocation of Registration of Inquiry Counsels)
(1) Where the Commissioner of the Korea Tribunal intends to revoke the registration of an inquiry counsel for the reason prescribed in subparagraph 3 of Article 29-2 of the Act, he or she shall obtain the decision of the Korea Tribunal.
(2) Where the Commissioner of the Korea Tribunal has revoked the registration of an inquiry counsel under Article 29-2 of the Act, he or she shall without delay notify such revocation to the person subject to the revocation of registration (excluding those prescribed in subparagraph 4 of the same Article) specifying the reasons therefor.
[This Article Wholly Amended on Jun. 25, 2019]
 Article 26-2 (Application for Permission to Establish Inquiry Counsels Association)
(1) An inquiry counsel intending to establish the Inquiry Counsels Association under Article 30-2 of the Act (hereinafter referred to as the "Association") shall submit a written application for permission to the Minister of Oceans and Fisheries, attached with its articles of association and documents stating the following matters: <Amended on Mar. 23, 2013>
1. The location of its office;
2. The name and address of its representatives and executive officers.
(2) The articles of association of the Association shall include the following matters:
1. Its purpose;
2. Its name;
3. The location of its office;
4. Matters concerning its general assembly and board of directors;
5. Matters concerning its executive officers and employees;
6. Matters concerning its duties;
7. Matters concerning its assets and accounting;
8. Matters concerning the remuneration standards for inquiry counsels;
9. Matters concerning establishing branch offices;
10. Matters concerning the rights and obligations of its members.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 26-3 (Business of Association)
“Other business prescribed by Presidential Decree” in subparagraph 4 of Article 30-3 of the Act means the following:
1. Providing consultation on maritime safety inquiries;
2. Investigating and researching marine accidents;
3. Researching statutes and regulations pertaining to maritime safety inquiries;
4. Collecting and managing information on maritime safety inquiries;
5. Training and education of inquiry counsels;
6. Education entrusted by the Commissioner of the Korea Tribunal.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 26-4 Deleted. <Aug. 23, 1999>
CHAPTER V INQUIRY PROCEEDINGS OF DISTRICT TRIBUNALS
 Article 27 (Preparation by Investigators of Reports on Questions or Inspections)
(1) Where an investigator asks questions to persons involved in a marine accident or inspects ships or other places pursuant to Article 37 (1) 1 or 2 of the Act, he or she shall prepare a report on the questions asked or the inspection conducted and sign and seal the relevant report with those who have been questioned or who manage the relevant ships or places after reading them the contents of such report: Provided, That where they cannot sign and seal the report, the investigator shall state the reasons therefor on it and sign and seal the relevant report.
(2)  Where the investigator has requested testimony, expert opinion, or translation under Article 37 (1) 5 of the Act, he or she shall prepare a written testimony, written appraisal or translation.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 28 Deleted. <Aug. 23, 1999>
 Article 29 (Written Requests for Inquiry)
Where a request for an inquiry is made under the main clause of Article 38 (1) of the Act, the following matters shall be stated in the written request for the inquiry: <Amended on Sep. 18, 2014>
1. The name of the case;
2. The name, date of birth, and address of persons involved in the marine accident;
3. The official title of persons involved in the marine accident;
4. The types of licenses held;
5. The overview of the marine accident.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 30 (Requests for Inquiries by Single Judge)
Where an investigator deems it appropriate to have a certain case be administered by a single judge for reasons prescribed in any subparagraph of Article 35, he or she shall request it by making a statement to such effect in the written request for an inquiry.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 31 (Participation of Non-Permanent Judges)
Where an investigator deems it necessary for a non-permanent judge to participate in an inquiry into a certain case, he or she shall request it by making a statement to such effect in the written request for an inquiry.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 31-2 (Cases Eligible for Requests for Summary Inquiry)
“Pollutants ... in quantities not exceeding the levels prescribed by Presidential Decree” in Article 38-2 (1) 3 of the Act mean the pollutants prescribed in attached Table 6 of the Enforcement Decree of the Marine Environment Management Act, which are discharged in quantities not exceeding the minimum levels provided for in the aforesaid Table.
[This Article Wholly Amended on Dec. 8, 2011]
 Article 32 (Notification of Requests for Inquiry)
Where an investigator has requested an inquiry to a District Tribunal by designating persons involved in a marine accident pursuant to Article 39 (1) of the Act, he or she shall notify the following matters in writing to the persons involved in the marine accident, as prescribed in paragraph (2) of the same Article: <Amended on Sep. 18, 2014; Sep. 7, 2021>
1. The name of the Tribunal to which the request for the inquiry has been submitted;
2. The name and outline of the case;
3. The name, date of birth, and address of the persons involved in the marine accident; his or her title and occupation as at that time; and the type of licenses held as at that time;
4. The date of the request for the inquiry;
5. The name of the investigator.
[This Article Wholly Amended on Oct. 29, 2012]
[Title Amended on Sep. 7, 2011]
 Article 32-2 (Application for Inquiry by Interested Parties)
(1) Where an interested party applies for an inquiry pursuant to Article 39-2 (1) of the Act, he or she shall submit to the competent District Tribunal an application for inquiry into a case on which a disposition not subject to inquiry has been imposed.
(2) The District Tribunal in receipt of the application referred to in paragraph (1) shall deliver the relevant application to its chief investigator.
(3) The chief investigator of the District Tribunal who has received the application pursuant to paragraph (2) shall submit the application, attached with his or her written opinions, to the District Tribunal within five days.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 32-3 (Change in Written Requests for Inquiry)
(1) Where an investigator intends to change a case name entered in a written request for inquiry, or add, retract or change the occurrence of a marine accident or persons involved in a marine accident pursuant to Article 49-2 (1) of the Act, he or she shall submit a document specifying the relevant details and reasons to the competent District Tribunal.
(2) Where a presiding judge intends to request an investigator to add, retract or change persons involved in a marine accident pursuant to Article 49-2 (2) of the Act, he or she shall do so in writing by specifying the relevant details and reasons, and the investigator in receipt of such written request shall comply with it, unless there is any compelling reason not to do so.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 32-4 (Withdrawal of Requests for Inquiry)
(1) “Cases prescribed by Presidential Decree” in the main clause of Article 49-3 of the Act mean any of the following cases:
1. Where the investigator becomes aware of the absence of jurisdiction over the case after the request for an inquiry is made;
2. Where the investigator becomes aware that the request for an inquiry into the case has been made in violation of statutes or regulations after the request for an inquiry is made;
3. Where the investigator becomes aware that an inquiry into the case cannot be made under Article 7 of the Act after the request for an inquiry is made.
(2) A withdrawal of a request for inquiry prescribed in the main clause of Article 49-3 of the Act shall be made in writing: Provided, That in an inquiry tribunal, a request for inquiry may be withdrawn verbally.
(3) Where an investigator withdraws the request for inquiry under paragraph (2), a District Tribunal shall reject the request for inquiry by decision.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 33 (Cases of Unclear Name or Occupation of Persons Involved in Marine Accidents)
Where it is required to indicate the name, date of birth, and title of a person involved in a marine accident; the types of licenses he or she holds; or his or her occupation pursuant to Article 29 or 32, if such information is unclear, information that can identify the person may be written down in lieu of such information. <Amended on Sep. 18, 2014>
[This Article Wholly Amended on Oct. 29, 2012]
 Article 34 Deleted. <Aug. 23, 1999>
 Article 35 (Scope of Inquiries by Single Judge)
“Minor case specified by Presidential Decree” in the proviso of Article 22 (1) of the Act means any of the following cases: Provided, That the foregoing shall not apply to cases involving passenger ships:
1. Cases where the cause of a marine accident is simple and clear;
2. Cases where damage to a ship or other facilities is not serious.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 36 (Change in Composition of Inquiry Board)
Where a single judge is to make an inquiry into a certain case under the proviso of Article 22 (1) of the Act, if it is deemed inappropriate for a single judge to make an inquiry into the case, the relevant judge may decide to hold an inquiry in a collegiate board.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 37 (Designation of Inquiry Date)
Upon receiving a request for inquiry, a presiding judge shall determine the date of inquiry.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 38 (Application for Change of Inquiry Date)
(1) The application for change of the inquiry date prescribed in Article 43 (4) of the Act shall be made in writing, specifying the reasons therefor.
(2) Where a presiding judge deems the application referred to in paragraph (1) reasonable, he or she shall newly determine the inquiry date; where the presiding judge deems the application unreasonable, he or she shall decide to dismiss such application.
(3) A written decision shall not be served for a decision to dismiss the application referred to in paragraph (2).
[This Article Wholly Amended on Oct. 29, 2012]
 Article 39 (Change of Inquiry Date by Presiding Judges)
Any presiding judge may change the date of inquiry ex officio.
 Article 39-2 (Perusal and Duplication of Related Documents and Evidence)
(1) Any person, who intends to apply for the perusal or duplication of the records of inquiries, other related documents or evidence (hereinafter referred to as “records of inquiries, etc.”) under the former part of Article 44-4 (1) of the Act, shall submit an application for perusal or duplication prescribed by Ordinance of the Ministry of Oceans and Fisheries to a District Tribunal.
(2) Where the District Tribunal intends to permit the perusal or duplication of the records of inquiries, etc. under the latter part of Article 44-4 (1) of the Act, it may designate the date and time, location, subject, methods, etc. thereof. In such cases, the person who peruses or duplicates the records of inquiries, etc. shall comply with the details of such designation in perusing or duplicating the records of inquiries, etc.
(3) Any person who duplicates the records of inquiries, etc. may transcribe them by hand or duplicate them using his or her own equipment: Provided, That he or she may produce duplications using equipment installed in the District Tribunal with approval of the commissioner of the District Tribunal.
(4) An inquiry counsel may have his or her employer, officer, or other persons peruse or duplicate the records of inquiries, etc., with permission of the District Tribunal.
(5) Where the District Tribunal takes measures for protecting personal information pursuant to Article 44-4 (3) of the Act, it shall mark the relevant information using fake names or otherwise make it unidentifiable by a third party by any other appropriate means (hereinafter referred to as "pseudonym treatment").
(6) The District Tribunal may issue an order to suspend or restrict the perusal or duplication of the records of inquiries, etc. to the person who peruses or duplicates the records of inquiries, etc. or take other appropriate measures in any of the following cases: <Amended on Jan. 5, 2021>
1. Where the person who peruses or duplicates the records of inquiries, etc. violates the details of designation prescribed in paragraph (2);
2. Where the person who peruses or duplicates the records of inquiries, etc. changes the records of inquiries, etc. by adding or removing some contents thereto, or otherwise damages the records of inquiries, etc.;
3. Where the person who peruses or duplicates the records of inquiries, etc. acquires or attempts to acquire personal information by any improper means, such as undermining the pseudonym treatment of the records of inquires, etc.;
4. Other cases where the records of inquiries, etc. are likely to be lost, damaged, or altered.
[This Article Newly Inserted on Jun. 25, 2019]
 Article 40 (Observing Inspection before Initial Inquiry Date)
Where any Tribunal intends to conduct an inspection referred to in Article 48 (2) 1 of the Act, it shall provide prior notice thereof to an investigator, a person involved in the marine accident and an inquiry counsel so as to provide them with an opportunity to observe the inspection. <Amended on Jan. 5, 2021>
[This Article Wholly Amended on Oct. 29, 2012]
[Title Amended on Jan. 5, 2021]
 Article 41 (Inquiry Tribunals)
(1) An inquiry on the inquiry date shall be made at an inquiry tribunal of any Tribunal: Provided, That in order to hold an inquiry in places other than the inquiry tribunal of the relevant Tribunal, the collegiate inquiry board shall obtain approval of the Commissioner of the Korea Tribunal and a single judge shall obtain approval of the commissioner of the Tribunal where he or she belongs.
(2) The inquiry tribunal shall commence an inquiry with the participation of the full number of judges and non-permanent judges and a clerk and with the attendance of an investigator.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 42 (Investigation of Evidence)
(1) The investigation of evidence on the date of inquiry shall be held at an inquiry tribunal.
(2) Article 40 shall apply mutatis mutandis to investigation of evidence on days other than the date of inquiry.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 43 (Reporting Being Unable to Attend)
(1) Where any person involved in a marine accident is not able to attend on the date of inquiry, he or she shall without delay report it to the relevant Tribunal specifying the reasons therefor.
(2) Where the Tribunal finds that the reasons for the report made under paragraph (1) are justifiable, it may delay the inquiry date after hearing the opinion of an investigator.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 44 (Attendance of Proxies at Inquiry Tribunals)
(1) Any person involved in a marine accident, other than ship officers or pilots (limited to those who performed the relevant duties with a license), may have his or her proxy attend an inquiry tribunal: Provided, That where deemed necessary, the Tribunal may order the person involved in the marine accident to personally attend the inquiry tribunal.
(2) A proxy referred to in paragraph (1) shall prove his or her qualification by a letter of delegation.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 45 (Examination by Presiding Judges)
(1) A presiding judge shall examine persons related to an inquiry and investigate evidence.
(2) An associate judge, investigator, or inquiry counsel may examine persons related to an inquiry after discussion with the presiding judge.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 46 (Examination of Witnesses in Inquiry Tribunals)
Where a witness is present at an inquiry tribunal, examination of the witness may be permitted without the need to summon him or her.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 47 (Methods of Oath)
(1) The oath shall be based on a written oath.
(2) The written oath shall state, "I swear that I will speak the truth, the whole truth and nothing but the truth according to my own conscience, and if there is any falsehood in my statement, I shall be punished for perjury".
(3) A presiding judge shall have a witness read the written oath and sign and seal it: Provided, That where the witness cannot read or sign the written oath, an attending clerk shall act for him or her.
(4) The oath shall be taken solemnly, standing upright.
(5) The presiding judge shall warn the witness of the penalty of perjury before he or she takes the oath.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 48 (Separate Examination and Confrontation)
(1) A witness shall be examined individually.
(2) A presiding judge shall order any witness not examined but remaining in an inquiry tribunal to leave the inquiry tribunal: Provided, That the foregoing shall not apply when the presiding judge deems it necessary.
(3) If deemed necessary, the presiding judge may require a witness to confront another witness or any person involved in the relevant marine accident.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 49 (Exceptions to Taking Oath)
(1) A person who is or was the spouse or a relative of a ship officer or pilot (limited to those who performed the relevant duties with a license), among those involved in a marine accident, may be examined as a witness without taking the oath.
(2) A person who does not understand the purport of the oath shall be examined without being required to take the oath.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 50 (Investigation of Evidence by Commissioned Judges)
(1) A Tribunal may order one of its judges to investigate the evidence of necessary matters.
(2) The commissioned judge prescribed in paragraph (1) shall report the results of investigating the evidence to the Tribunal at an inquiry tribunal.
(3) The regulations on the inquiry proceedings of the Tribunal shall apply mutatis mutandis to the investigation of evidence by the commissioned judge.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 51 (Renewal of Inquiry Proceedings When Inquiry Is Not Made for Substantial Time after Commencement of Inquiry)
(1) Where an inquiry is not made for a substantial time after the commencement of the inquiry, if deemed necessary, a Tribunal may renew the inquiry proceedings.
(2) Where a person involved in a marine accident is newly designated after the commencement of an inquiry, a Tribunal shall renew the inquiry proceedings.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 52 (Renewal of Inquiry Proceedings When Judges Are Replaced after Commencement of Inquiry)
Where a judge or non-permanent judge is replaced after the commencement of an inquiry, a Tribunal shall renew the inquiry proceedings: Provided, That the foregoing shall not apply when the judgment is only to be announced.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 53 (Decision on Participation of Non-Permanent Judges)
(1) Where deemed necessary for a non-permanent judge to participate in an inquiry into a certain case after the commencement of the inquiry, a Tribunal may decide the participation of a non-permanent judge after hearing the opinion of an investigator.
(2) In cases prescribed in paragraph (1), the Tribunal shall renew the inquiry proceedings.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 54 (Statement of Opinions by Investigators and Persons Involved in Marine Accidents)
(1) When the investigation of evidence is completed, an investigator shall state the relevant facts, and present his or her opinions regarding the cause of the relevant marine accident; disciplinary actions against persons involved in the marine accident; or recommendations or orders for correction or improvement.
(2) The persons involved in the relevant marine accident and the inquiry counsel may provide his or her opinions on the investigator's statements prescribed in paragraph (1).
[This Article Wholly Amended on Oct. 29, 2012]
 Article 55 (Final Statements)
Any person involved in a marine accident and an inquiry counsel shall be given an opportunity to make final statements.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 56 (Resumption of Pleadings)
A Tribunal may resume pleadings by decision when deemed necessary even after the pleadings are closed.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 57 (Judgment on Dismissal of Requests for Inquiry)
Pursuant to Article 24 (2) of the Act, any Tribunal shall dismiss, by judgment, any request for inquiry if the relevant case should not be administered by the relevant Tribunal.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 58 (Written Judgments)
(1) A written judgement shall be prepared by a judge who has made the inquiry and shall then be signed and sealed by the judge and any non-permanent judge who has participated in the inquiry.
(2) Where any judge or non-permanent judge is unable to sign and seal a written judgment for such reasons as replacement, another judge shall write down the relevant reason, and sign and seal the written judgement.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 59 (Matters to Be Included in Written Judgements)
A written judgement shall include the following: <Amended on Sep. 18, 2014>
1. The name of a Tribunal;
2. The name of a case;
3. The name, date of birth, and address of persons involved in a marine accident;
4. The purpose of the request for inquiry;
5. The name of the investigator involved in the inquiry;
6. The text of the judgement;
7. The reason for the judgement;
8. The date of the judgement.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 60 (Announcement of Judgment)
The announcement of judgement shall be made by means of reading a written judgement or notifying a summary thereof.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 61 (Requests for Certified Copy of Written Judgement)
Any person involved in a marine accident, inquiry counsel, or interested party may request the issuance of a certified copy of a written judgement.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 62 (Decisions)
Where an inquiry tribunal makes a decision upon receiving a request, the statements of persons related to the inquiry shall be heard, but in other cases, a decision may be made without hearing the statements of persons related to the inquiry.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 63 (Investigations for Making Decisions)
(1) A Tribunal may investigate a fact when necessary to make a decision.
(2) A Tribunal may have one of its judges investigate a fact under paragraph (1).
[This Article Wholly Amended on Oct. 29, 2012]
 Article 64 (Announcement of Decisions)
Where a decision is announced at an inquiry tribunal, the announcement shall be made by means of reading a written decision or providing a summary thereof, and in other cases, the announcement shall be made by serving the authentic copy of the written decision.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 65 (Provisions Applicable Mutatis Mutandis)
Except as provided in Articles 62 through 64, the provisions concerning judgement shall apply mutatis mutandis to decisions.
[This Article Wholly Amended on Oct. 29, 2012]
CHAPTER VI INQUIRY PROCEEDINGS OF KOREA TRIBUNAL
 Article 66 (Sending Written Requests for Second Instance by Mail)
Where an investigator, person involved in a marine accident, or inquiry counsel sends a written request for a second instance prescribed in Article 58 (3) of the Act by registered mail within 14 days from the date on which an authentic copy of a written judgment is served, such written request shall be deemed to have been submitted within the period prescribed in Article 59 (1) and (2) of the Act.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 67 (Sending Documents and Evidence)
(1) Where a request for a second instance is made, the original District Tribunal shall send all the relevant documents and evidence to the investigator of the relevant Tribunal without delay, and then the investigator shall send such relevant documents and evidence to the investigator of the Korea Tribunal within seven days from the date of receiving them.
(2) The investigator of the Korea Tribunal shall submit all the relevant documents and evidence received under paragraph (1) to the Korea Tribunal within five days from the date of receiving them.
(3) Where a request for a second instance is made, the original District Tribunal shall notify such fact to persons involved in the marine accident other than the claimant without delay.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 68 (Methods for Withdrawing Request for Second Instance)
(1) To withdraw a request for a second instance, a document therefor shall be submitted to the Korea Tribunal: Provided, That in an inquiry tribunal, the request may be withdrawn verbally.
(2) The withdrawal prescribed in paragraph (1) shall have no effect without the consent of all the persons who have requested a second instance.
(3) Where all the persons who have requested a second instance withdraw their request as prescribed in paragraph (2), the Korea Tribunal shall reject the request for a second instance by decision.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 69 (Acceptance of Original Judgement)
The judgement of a second instance may accept the facts and evidence stated in the original judgement.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 70 (Application Mutatis Mutandis of Provisions regarding Inquiry Proceedings)
Except as provided in Articles 66 through 69, the provisions concerning the inquiry proceedings of District Tribunals shall apply mutatis mutandis to the inquiry proceedings of the Korea Tribunal.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 71 (Provisions Applicable Mutatis Mutandis regarding Decisions on Objections)
Except as provided in Chapter VII of the Act, Articles 62 through 65 shall apply mutatis mutandis to decisions on objections.
[This Article Wholly Amended on Oct. 29, 2012]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 72 Deleted. <Feb. 4, 2002>
 Article 72-2 (Time for Execution of Judgment)
The time for executing a judgement pursuant to Article 78 of the Act shall be as follows:
1. In the case of a judgement of District Tribunals: When the period for requesting a second instance prescribed in Article 59 (1) of the Act has passed; or when an authentic copy of a written judgement on dismissal referred to in Article 62 of the Act or a written decision on rejection referred to in Article 68 (3) is served;
2. In the case of a judgement of the Korea Tribunal: When judgement is announced.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 73 Deleted. <Jun. 25, 2019>
 Article 74 (Measures concerning Requests by Persons Related to Records)
With respect to the records of statements made by persons related to an inquiry at an inquiry tribunal, upon request by any person who has made such statements, a presiding judge shall have a clerk read the part related to the relevant statements; and in cases of any request for supplementing, detracting or modifying his or her statements, the presiding judge shall have a clerk write down such fact.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 75 (Report of Place to Receive Notice)
(1) A person involved in a marine accident, inquiry counsel or proxy may designate the location of a Tribunal as a place where any notification or document is to be received under the Act or this Decree, and report such location to the Tribunal. <Amended on Sep. 7, 2021>
(2) Where the report prescribed in paragraph (1) is not made, the notification or service of documents shall be made at the address of the person involved in a marine accident, inquiry counsel or proxy.
(3) The report prescribed in paragraph (1) shall be made in writing for each instance.
[This Article Wholly Amended on Oct. 29, 2012]
[Title Amended on Sep. 7, 2011]
 Article 76 (Service of Documents by Mail)
(1) Pursuant to Article 56-2 of the Act, a clerk may provide notification to and serve documents on a person involved in a marine accident, inquiry counsel or proxy by registered mail. <Amended on Sep. 7, 2021>
(2) Where service is made by registered mail pursuant to paragraph (1), such service shall be deemed to have been made five days after the date of sending: Provided, That the foregoing shall not apply to cases falling under Articles 43 (2) and (3), 44, and 56 of the Act.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 77 (Service of Public Notice)
(1) Where any notification or document is to be served, the details thereof may be posted in an Official Gazette in lieu of serving the notification or document in cases of persons whose address is unknown or persons who, as the subject of notice, etc. prescribed in Articles 43 (2) and (3), 44, and 56 of the Act, choose not to be served with the notification or document by registered mail. <Amended on Sep. 7, 2021>
(2) In cases prescribed in paragraph (1), the notification or document shall be deemed to have been served 14 days after the date of publication in the Official Gazette. <Amended on Sep. 7, 2021>
[This Article Wholly Amended on Oct. 29, 2012]
 Article 78 (Calculation of Periods)
(1) When calculating a period in days, months or years, the first day shall not be counted: Provided, That the first day shall be counted in cases falling under the proviso of Article 38 (1) of the Act and when calculating the period of suspension of business.
(2) Where the last day of the period is a public holiday, the period shall end on the following day: Provided, That the period shall end on the relevant public holiday in cases falling under the proviso of Article 38 (1) of the Act and when calculating the period of suspension of business.
(3) The period of business suspension shall be counted from the date of submitting the relevant license if the license is submitted directly, and from the date of sending the relevant license if it is submitted by mail, etc.: Provided, That where the date of sending the license cannot be verified, the period of business suspension shall be counted from the date of its arrival; and where it is submitted before judgement becomes final and conclusive, the period shall be counted from the date on which the judgement becomes final and conclusive.
[This Article Wholly Amended on Oct. 29, 2012]
 Article 79 (Payment of Expenses to Witnesses)
(1) The payment standards prescribed in subparagraph 2 of attached Table 2 of the Regulations on Travel Expenses for Public Officials shall apply with respect to travel expenses to be paid to a witness, expert witness, interpreter or translator pursuant to Article 85 of the Act.
(2) Except as provided in this Decree, Articles 4 and 5, and Article 16 (3) through (5) of the Regulations on Travel Expenses for Public Officials shall apply mutatis mutandis with respect to paying travel expenses prescribed in paragraph (1).
(3) The per diem, and fees for an expert opinion, interpretation or translation to be paid to a witness, expert witness, interpreter or translator shall be determined by the Commissioner of the Korea Tribunal within the budget each year.
(4) The Commissioner of the Korea Tribunal or the commissioner of a District Maritime Safety Tribunal (hereinafter referred to as the "commissioner of a District Tribunal") may not pay travel expenses, per diem, and fees for an expert opinion, interpretation or translation in any of the following cases: <Amended on Sep. 7, 2021>
1. Where there is a good reason to believe that a witness has made a false statement or when the witness refuses to present statements without just cause;
2. Where there is a good reason to believe that an expert witness, interpreter or translator has provided a false expert opinion, interpretation or translation; or when an expert witness, interpreter or translator refuses to provide an expert opinion, interpretation or translation without justifiable cause.
(5) A witness, expert witness, interpreter or translator shall request his or her travel expenses, per diem, and fees for an expert opinion, interpretation or translation before the judgement for the relevant marine accident becomes final and conclusive.
[This Article Newly Inserted on Oct. 29, 2012]
 Article 79-2 (Payment of Allowances to Non-Permanent Judges)
(1) Where a non-permanent judge participates in a maritime safety inquiry and on-site inspection, he or she shall be paid an allowance equivalent to 1/30 of the monthly salary of judges of the relevant Tribunal pursuant to the Public Officials Remuneration Regulations.
(2) Where a tribunal-appointed inquiry counsel selected under Article 30 of the Act (hereinafter referred to as “tribunal-appointed inquiry counsel”) participates in a maritime safety inquiry and on-site inspection, he or she shall be paid an allowance determined by the Commissioner of the Korea Tribunal within the budgetary limits: Provided, That where a tribunal-appointed inquiry counsel participates in the same maritime safety inquiry at least twice, the amount equivalent to 1/2 of the allowance prescribed in the main clause shall be paid as allowance for each participation after the first participation.
(3) Where a non-permanent judge or tribunal-appointed inquiry counsel participates in a maritime safety inquiry or takes a business trip to conduct on-site inspection for identifying the cause of a marine accident or for other purposes in conducting his or her duties, in addition to the allowances prescribed in paragraphs (1) and (2), he or she shall be paid the travel expense equivalent to the amount of travel expense paid to judges of District Tribunals pursuant to the Regulations on Travel Expenses for Public Officials within the budgetary limits each year.
[This Article Newly Inserted on Oct. 29, 2012]
 Article 79-3 (Management of Personally Identifiable Information)
The Commissioner of the Korea Tribunal and the commissioner of a District Tribunal may manage data including resident registration numbers prescribed in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, where inevitable to perform the following affairs:
1. Affairs related to commissioning and dismissal of non-permanent judges under Article 14 of the Act;
2. Affairs related to verification of disqualifications for inquiry counsels under Article 28-2 of the Act.
[This Article Newly Inserted on Sep. 7, 2021]
CHAPTER VIII PENALTY PROVISIONS
 Article 80 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines pursuant to Article 90 (1) through (3) of the Act shall be as prescribed in attached Table 2. <Amended on Sep. 18, 2014>
[This Article Wholly Amended on Oct. 29, 2012]
ADDENDA <Presidential Decree No. 5686, Jun. 28, 1971>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Enforcement Date of the Act) The enforcement date of this Decree shall be the enforcement date of the Act prescribed in paragraph (1) of the Addenda of the Act.
ADDENDUM <Presidential Decree No. 8478, Mar. 8, 1977>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 8981, Apr. 27, 1978>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The marine accidents subject to the jurisdiction of the Mukho Maritime and Port Administration, which are pending at the Busan District Marine Accidents Inquiry Agency as at the time this Decree enters into force, shall be administered by the same inquiry agency.
ADDENDA <Presidential Decree No. 11022, Dec. 31, 1982>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Jurisdiction over Marine Accidents That Have Occurred Overseas) Notwithstanding the amended provisions of Article 2 (2) and (3), any case about marine accidents that have occurred overseas and are pending at any District Marine Accidents Inquiry Agency under the previous provisions as at the time this Decree enters into force shall be administered by the same inquiry agency.
(3) (Transitional Measures concerning Jurisdiction over Marine Accidents Pending at Collegiate Inquiry Board) Notwithstanding the amended provisions of Article 35, any case pending at a collegiate inquiry board of any District Marine Accidents Inquiry Agency under the previous provisions as at the time this Decree enters into force shall be administered by the same collegiate inquiry board.
ADDENDA <Presidential Decree No. 11756, Aug. 31, 1985>
(1) (Enforcement Date) This Decree shall enter into force on September 1, 1985.
(2) (Transitional Measures concerning Inquiries into Pending Cases) Notwithstanding the amended provisions of the attached Tables, any marine accident cases pending at any District Tribunal under the previous provisions as at the time this Decree enters into force shall be administered by the same District Tribunal.
ADDENDA <Presidential Decree No. 12434, Apr. 20, 1988>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) Omitted.
(3) (Transitional Measures concerning Inquiries into Pending Cases) Notwithstanding the amended provisions of the attached Tables, any marine accident cases pending at any District Tribunal under the previous provisions as at the time this Decree enters into force shall be administered by the same District Tribunal.
(4) (Transitional Measures concerning Investigators at District Tribunals) Any incumbent investigator at a District Tribunal as at the time this Decree enters into force shall be deemed to have been appointed as an investigator pursuant to this Decree.
(5) (Transitional Measures concerning Marine Counsels) Any person registered as a marine counsel as at the time this Decree enters into force shall be deemed a marine counsel pursuant to this Decree.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Articles 13 (5) and 70, and attached Tables 7, 9, and 10 shall enter into force on January 1, 1995, and Articles 71 through 78 and attached Table 11 shall enter into force on March 1, 1995; and to the extent necessary for the prior education and job adaptation training of route control personnel, out of the full number of public officials of the Air Traffic Control Center prescribed in attached Table 11, 78 persons (50 aviation administrative officers in Grade VI, five managing officers in Grade VI, 17 aviation administrative officers in Grade VII, four managing officers in Grade VII, and two managing officer in Grade VIII) shall be deemed public officials of the Ministry of Construction and Transportation from September 9, 1994 and the remaining 70 persons (one in Grade III, one in Grade IV, five in Grade V, 21 in Grade VI, 21 in Grade VII, 14 in Grade VIII, and seven in technical service) shall be deemed public officials of the Ministry of Construction and Transportation from January 1, 1995 to February 28, 1995.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 15135, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 15830, Jul. 1, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 15892, Sep. 17, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 16541, Aug. 23, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 17505, Feb. 4, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 20300, Sep. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 4, 2007.
Articles 2 through 7 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 amended provisions of the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, among the Presidential Decrees amended under Article 6 of the Addenda, shall enter into force on the respective enforcement dates of the relevant Presidential Decrees.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 23357, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 16, 2011.
Article 2 (Applicability to Disclosure of Investigation Information)
The amended provisions of Articles 17-4 and 17-5 shall begin to apply to investigations by a special investigation board organized after this Decree enters into force.
ADDENDA <Presidential Decree No. 24153, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Statutes or Regulations)
The following Presidential Decrees shall be repealed:
1. The Regulations on Payment of Allowances to Non-Permanent Judges and Tribunal-Appointed Inquiry Counsels;
2. The Regulations on Payment of Expenses to Witnesses.
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. 25618, Sep. 18, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 25, 2014.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of attached Table 2, the previous provisions shall apply when applying the criteria for imposing administrative fines for violations committed before this Decree enters into force.
(2) The dispositions to impose administrative fines for violations committed before this Decree enters into force shall not be included in determining the number of violations pursuant to the amended provisions of attached Table 2.
ADDENDA <Presidential Decree No. 29924, Jun. 25, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2019.
Article 2 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
The dispositions to impose administrative fines for violations prescribed in the amended provisions of subparagraph 2 of attached Table 2, which are committed before this Decree enters into force, shall be included in determining the number of violations pursuant to the amended provisions of subparagraph 2 of attached Table 2.
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 through 4 Omitted.
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. 31973, Sep. 7, 2021>
This Decree shall enter into force on the date of its promulgation.