The purpose of this Act is to ensure efficient transportation of goods essential to the national economy and munitions and contribute to the stability of national life and national security by maintaining marine transportation and port functions in the event of war, incidents and other emergencies equivalent thereto or major failure of marine transportation and port functions.
The terms used in this Act are defined as follows: <Amended on Jan. 4, 2022>
| 1. | The term “emergency, etc.” means any of the following cases where serious harm to the national economy is expected as the transportation of import and export cargo is suspended or ships’ entry to and departure from a port becomes impossible due to war, incidents, or other emergencies equivalent thereto or major failure of marine transportation or port functions resulting from the bankruptcy of shipping companies, etc.: |
| (c) | Other cases where serious failure prescribed by Presidential Decree occurs in relation to marine transportation and port functions; |
| 2. | The term “national essential ship” means a ship designated pursuant to Article 5 (1) to transport goods essential to the national economy and munitions in the event of an emergency, etc.; |
| 3. | The term “port operation agreement” means any agreement that the Minister of Oceans and Fisheries concludes with a person prescribed in any subparagraph of Article 10 (1) pursuant to that paragraph in order to maintain the functions of ports, such as ships’ entry and departure and cargo loading and unloading, in the event of an emergency, etc. |
| Article 3 (Responsibilities of the State) |
| (1) | The State shall prepare policies and institutions necessary to maintain marine transportation and port functions, including designating national essential ships and concluding port operation agreements, in preparation for an emergency, etc. |
| (2) | The State shall endeavor to provide support necessary for operating national essential ships, attaining the target number of designated national essential ships, and maintaining port operation agreements. <Amended on Jan. 4, 2022> |
| Article 4 (Formulation of Master Plans on Maintaining Marine Transportation and Port Functions) |
| (1) | The Minister of Oceans and Fisheries shall formulate a 10-year master plan on maintaining marine transportation and port functions in preparation for an emergency, etc. (hereinafter referred to as “master plan”) every five years in order to set the basic direction of policies on designating national essential ships, concluding port operation agreements, etc. |
| (2) | A master plan shall contain the following matters: |
| 1. | The basic conception and mid- and long-term policy directions of the Government as to maintaining marine transportation and port functions to prepare for an emergency, etc.; |
| 2. | Predicting the supply and demand of future cargo volume and the marine transportation and port environment to prepare for an emergency, etc.; |
| 3. | Measures for supporting the operation of the system necessary to maintain marine transportation and port functions in preparation for an emergency, etc., such as designating national essential ships and concluding port operation agreements and business operators participating in such system; |
| 4. | Other matters prescribed by Presidential Decree as necessary to maintain marine transportation and port functions to prepare for an emergency, etc. |
| (3) | The Minister of Oceans and Fisheries shall have prior consultations with the heads of relevant central administrative agencies when formulating a master plan prescribed in paragraph (1). |
| (4) | Where the Minister of Oceans and Fisheries has formulated a master plan, he or she shall publicly notify the contents thereof as prescribed by Presidential Decree, and notify such plan to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, and a Special Self-Governing Province Governor. |
| (5) | The Minister of Oceans and Fisheries shall prepare an annual implementation plan each year, as prescribed by Presidential Decree, in order to implement a master plan. |
| (6) | Upon formulating a master plan or an implementation plan referred to in paragraph (1) or (5), the Minister of Oceans and Fisheries shall submit such plan without delay to the competent Standing Committee of the National Assembly. |
| (7) | Where the Minister of Oceans and Fisheries has formulated an annual implementation plan pursuant to paragraph (5), he or she shall publicly notify the contents thereof as prescribed by Presidential Decree, and notify it to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, and a Special Self-Governing Province Governor. |
| (8) | Paragraphs (3) and (4) shall apply mutatis mutandis to amending a master plan: Provided, That when minor matters prescribed by Presidential Decree are amended, consultations with the heads of relevant central administrative agencies may be omitted. |
| Article 5 (Designation and Operation of National Essential Ships) |
| (1) | Where deemed necessary to efficiently utilize ships and seafarers in preparation for an emergency, etc., upon application by the owner, etc. of any of the following ships meeting the criteria prescribed by Presidential Decree including the size and age of ships, the type of cargo, the Minister of Oceans and Fisheries may designate such ship as a national essential ship. In such cases, the Minister of Oceans and Fisheries shall have prior consultations with the heads of relevant central administrative agencies: |
| (2) | Where the Minister of Oceans and Fisheries designates national essential ships pursuant to paragraph (1), he or she shall do so within the minimum extent necessary to prepare for an emergency, etc. In such cases, the Minister of Oceans and Fisheries shall endeavor to attain the target number of designated national essential ships, as determined by the Minister of Oceans and Fisheries. <Amended on Jan. 4, 2022> |
| (3) | In the event of an emergency, etc., the Minister of Oceans and Fisheries may issue a summons of national essential ships, ordering them to transport cargo designated by the Minister of Oceans and Fisheries, to the owners of national essential ships designated under paragraph (1); providers of overseas transportation services (persons who have obtained a license for scheduled overseas passenger transportation services or non-scheduled overseas passenger transportation services prescribed in Article 4 (1) of the Marine Transportation Act and persons who have their scheduled overseas cargo transportation services or non-scheduled overseas cargo transportation services registered under Article 24 (2) of that Act); or providers of vessel leasing services (referring to persons who have their vessel leasing services registered under Article 33 (1) of the Marine Transportation Act; hereinafter owners, providers of overseas transportation services and providers of vessel leasing services to be collectively referred to as “ship owners, etc.”). |
| (4) | Where the Minister of Oceans and Fisheries issues a summons and orders transportation pursuant to paragraph (3), the ship owners, etc. shall comply therewith without delay, unless there is good cause. |
| (5) | No person shall interfere with the implementation of an order by ship owners, etc. prescribed in paragraph (3) without good cause. |
| (6) | The Minister of Oceans and Fisheries may order ship owners, etc. to restrict the boarding of foreign seafarers on national essential ships, as prescribed by Presidential Decree. |
| (7) | Except as provided in paragraphs (1) through (6), necessary matters regarding the procedures for designating national essential ships, the standards for restricting the boarding of foreign seafarers on national essential ships, etc. shall be prescribed by Presidential Decree. |
| Article 6 (Hearing Opinions) |
Where the Minister of Oceans and Fisheries designates a national essential ship pursuant to Article 5 (1), he or she may hear opinions on matters prescribed by Presidential Decree, such as the role of national essential ships during emergencies, etc., from the heads of relevant central administrative agencies, ship owners, etc., and related organizations, etc. prescribed by Presidential Decree.
| Article 7 (Education and Training) |
Where necessary for the prompt summoning of national essential ships and efficient performance of duties in preparation for an emergency, etc., the Minister of Oceans and Fisheries may provide education or training to the ship owners, etc. on the role, etc. of national essential ships at least once a year. In such cases, the ship owners, etc. shall participate in such education or training, unless there is good cause.
| Article 8 (Revocation of Designation of National Essential Ships) |
| (1) | Where a national essential ship falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke the designation of such national essential ship: Provided, That in cases falling under any of subparagraphs 1 through 3, the relevant designation shall be revoked: |
| 1. | Where a national essential ship has been designated by fraud or other improper means; |
| 4. | Where a ship owner, etc. request the revocation of its designation; |
| 5. | Where a national essential ship fails to meet the criteria for designation prescribed in the former part, with the exception of the subparagraphs, of Article 5 (1); |
| 6. | Where a national essential ship fails to comply with an order of summoning and transportation prescribed in Article 5 (3) without good cause. |
| (2) | Where designation is revoked under paragraph (1), the support prescribed in Article 9 shall cease from the date of revocation. |
| Article 9 (Support for National Essential Ships) |
| Article 10 (Conclusion and Implementation of Port Operation Agreements) |
| (1) | Where deemed necessary to maintain port functions, such as ships’ entry to and departure from a port and cargo loading and unloading, in preparation for an emergency, etc., the Minister of Oceans and Fisheries may conclude a port operation agreement by port and by sector with any of the following persons meeting the qualification requirements prescribed by Presidential Decree. In such cases, the Minister of Oceans and Fisheries shall have prior consultations with the heads of relevant central administrative agencies: |
| (2) | Where necessary to maintain the functions of a port when an emergency, etc. occurs, the Minister of Oceans and Fisheries may order a person who has concluded a port operation agreement under paragraph (1) (hereinafter referred to as “contracting enterprise to an agreement”) to engage in the business operations registered by such person. |
| (3) | Upon receiving an order to engage in its business operations issued by the Minister of Oceans and Fisheries pursuant to paragraph (2), any contracting enterprise to an agreement shall comply therewith without delay, unless there is a compelling reason not to do so. |
| (4) | No person shall interfere with the implementation of the order referred to in paragraph (3) by the contracting enterprise to the agreement without just cause. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the procedures, methods, etc. for concluding a port operation agreement shall be prescribed by Presidential Decree. |
| Article 11 (Cancellation of Port Operation Agreements) |
| (1) | Where any contracting enterprise to an agreement falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may cancel the port operation agreement with such enterprise: Provided, That in cases falling under subparagraph 1 or 2, the relevant port operation agreement shall be canceled: |
| 1. | Where a port operation agreement has been concluded by fraud or other improper means; |
| 2. | Where the registration prescribed in any subparagraph of Article 10 (1) has been revoked; |
| 3. | Where a contracting enterprise to an agreement requests the cancellation of the agreement; |
| 4. | Where a contracting enterprise to an agreement fails to meet the qualification requirements prescribed in the former part, with the exception of the subparagraphs, of Article 10 (1); |
| 5. | Where a contracting enterprise to an agreement fails to comply with an order to engage in its business operations issued under Article 10 (2) without good cause; |
| 6. | In other cases where it is deemed unnecessary to maintain a port operation agreement due to loss of port facilities, etc. |
| (2) | Where a port operation agreement is canceled under paragraph (1), the support prescribed in Article 12 shall cease from the date of cancellation. |
| Article 12 (Support for Contracting Enterprises to Agreements) |
| Article 13 (Compensation for Loss) |
| (1) | The Minister of Oceans and Fisheries shall provide just compensation to a person who has suffered any of the following loss: |
| 1. | Loss resulting from complying with a summons and transportation order prescribed in Article 5 (3); |
| 2. | Loss resulting from payment of wages by ship owners, etc. following an order to restrict foreign seafarers from boarding a ship prescribed in Article 5 (6); |
| 3. | Loss resulting from complying with an order to engage in business operations prescribed in Article 10 (2). |
| (2) | Matters necessary for the standards, procedures, etc. for compensation for loss prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 14 (Recovery of Compensation for Loss) |
| (1) | Where any person who has received compensation for loss under Article 13 (hereinafter referred to as “compensation for loss”) falls under any of the following subparagraphs, the Minister of Oceans and Fisheries shall wholly or partially recover the relevant compensation for loss: |
| 1. | Where the person has received compensation for loss by fraud or other improper means; |
| 2. | Where the person has received compensation for loss paid erroneously. |
| (2) | Where a person obligated to return compensation for loss pursuant to paragraph (1) fails to return it, the Minister of Oceans and Fisheries shall demand its payment by determining the payment deadline. |
| (3) | Where a person obligated to return compensation for loss fails to return it by the payment deadline prescribed by paragraph (2), the Minister of Oceans and Fisheries shall collect it in the same manner as delinquent national taxes are collected. |
| (4) | Except as provided in paragraphs (1) through (3), the procedures for recovering compensation for loss, payment deadline, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 15 (Request for Submission of Data) |
| (1) | The Minister of Oceans and Fisheries may request submission of data from ship owners, etc. or contracting enterprises to agreements according to the following classifications: |
| 1. | Ship owners, etc.: Data necessary to verify the operational status, such as an operation plan, of the relevant ship, and whether it continues to meet the designation criteria prescribed in the former part, with the exception of the subparagraphs, of Article 5 (1); |
| 2. | Contracting enterprises to agreements: Data necessary to verify whether to maintain a port operation agreement, such as data on whether they meet the qualification requirements prescribed in the former part, with the exception of the subparagraphs, of Article 10 (1). |
| (2) | Where deemed necessary to perform duties prescribed in this Act, the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies and the heads of public institutions to submit data on the designation of national essential ships, the conclusion and operation of port operation agreements, etc. |
| (3) | The ship owners, etc., contracting enterprises to agreements, and the heads of relevant agencies in receipt of a request under paragraph (1) or (2) shall comply with such request, unless there is good cause. |
| Article 16 (Delegation and Entrustment of Authority) |
| (1) | The authority of the Minister of Oceans and Fisheries under this Act may be partially delegated to the heads of institutions under his or her jurisdiction, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor, as prescribed by Presidential Decree. |
| (2) | The duties of the Minister of Oceans and Fisheries under this Act may be partially entrusted to institutions or organizations related to marine transportation or ports, as prescribed by Presidential Decree. |
| Article 17 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
| Article 18 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: |
| 1. | A person who fails to comply with an order issued by the Minister of Oceans and Fisheries without good cause, in violation of Article 5 (4); |
| 2. | A person who fails to comply with an order issued by the Minister of Oceans and Fisheries without good cause, in violation of Article 10 (3). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: |
| 1. | A person who interferes with the implementation of an order by a ship owner, etc., in violation of Article 5 (5); |
| 2. | A person who interferes with the implementation of an order by a contracting enterprise to an agreement, in violation of Article 10 (4); |
| 3. | A person who receives compensation for loss under Article 13 (1) by fraud or other improper means. |
| Article 19 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: |
| 1. | A person who fails to participate in education or training prescribed in Article 7 without good cause; |
| 2. | A person who fails to comply with a request for data submission prescribed in Article 15 (1) by the Minister of Oceans and Fisheries without good cause. |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. |
ADDENDA <Act No. 16279, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (General Transitional Measures)
Any act by or toward the Minister of Oceans and Fisheries conducted pursuant to the previous International Ship Registration Act as at the time this Act enters into force shall be deemed an act by or toward the Minister of Oceans and Fisheries conducted pursuant to this Act. Article 3 (Transitional Measures concerning International Ships Essential to the Nation)
Any international ship essential to the nation designated pursuant to Article 8 (1) of the previous International Ship Registration Act as at the time this Act enters into force shall be deemed a national essential ship designated pursuant to Article 5 (1) of this Act. Article 4 Omitted.
ADDENDA <Act No. 18682, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 18696, Jan. 4, 2022>
This Act shall enter into force three months after the date of its promulgation.