ENFORCEMENT DECREE OF THE WATER-RELATED LEISURE ACTIVITIES SAFETY ACT
Wholly Amended by Presidential Decree No. 19297, Jan. 26, 2006
Amended by Presidential Decree No. 19719, Oct. 27, 2006
Presidential Decree No. 19977, Mar. 27, 2007
Presidential Decree No. 20300, Sep. 28, 2007
Presidential Decree No. 20544, Jan. 11, 2008
Presidential Decree No. 20699, Feb. 29, 2008
Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 20789, May 21, 2008
Presidential Decree No. 20883, jun. 25, 2008
Presidential Decree No. 21401, Mar. 31, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 22827, Apr. 4, 2011
Presidential Decree No. 23379, Dec. 16, 2011
Presidential Decree No. 24457, Mar. 23, 2013
Presidential Decree No. 25013, Dec. 17, 2013
Presidential Decree No. 25274, Mar. 24, 2014
Presidential Decree No. 25559, Aug. 20, 2014
Presidential Decree No. 25753, Nov. 19, 2014
Presidential Decree No. 26295, jun. 1, 2015
Presidential Decree No. 26659, Nov. 20, 2015
Presidential Decree No. 26986, Feb. 17, 2016
Presidential Decree No. 27321, Jul. 6, 2016
Presidential Decree No. 27617, Nov. 29, 2016
Presidential Decree No. 28074, May 29, 2017
Presidential Decree No. 28217, Jul. 26, 2017
Presidential Decree No. 29972, Jul. 9, 2019
Presidential Decree No. 30106, Oct. 8, 2019
Presidential Decree No. 30492, Feb. 25, 2020
Presidential Decree No. 30807, jun. 30, 2020
Presidential Decree No. 31191, Nov. 24, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 32014, Sep. 24, 2021
Presidential Decree No. 32528, Mar. 8, 2022
Presidential Decree No. 32801, Jul. 14, 2022
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended on Mar. 31, 2009]
| 2. | A sailing yacht (referring to a yacht with a sail and an engine installed; hereinafter the same shall apply); |
| 3. | A personal watercraft; |
| 16. | Other craft prescribed by Ordinance of the Ministry of Oceans and Fisheries which have the structure, shape and operating method similar to the water leisure craft under subparagraphs 1 through 15. |
| (2) | “Craft prescribed by Presidential Decree” in subparagraph 4 of Article 2 of the Act means any of the following: <Amended on Jul. 9, 2019> |
| 1. | Water leisure craft falling under paragraph (1) 1 through 6; |
| 2. | Water leisure craft prescribed by Ordinance of the Ministry of Oceans and Fisheries among those falling under paragraph (1) 16 (limited to those which have the similar structure, shape and operating method with the water leisure craft under subparagraph 1). |
[This Article Wholly Amended on Mar. 31, 2009]
CHAPTER II OPERATOR LICENSE
| Article 3 (Eligibility and Standards for Operator License) |
| (1) | A power-driven water leisure craft, for which an operator license for power-driven water leisure craft shall be obtained from the Commissioner of the Korea Coast Guard (hereinafter referred to as "operator license") under Article 4 (1) of the Act refers to the one with a maximum output of at least five horsepower of a propulsion engine among power-driven water leisure craft falling under Article 2 (2). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Persons eligible for an operator license shall be classified as follows: <Amended on Mar. 24, 2014> |
| 1. | General operator license; |
| (b) | Class 2 operator license: Persons who intend to operate power-driven water leisure craft (excluding a sailing yacht) which is subject to the operator license under paragraph (1); |
| 2. | Yachting license: A person who intends to operate a sailing yacht. |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 3-2 (Grounds for Disqualification from Holding Operator License) |
| (1) | “Person prescribed by Presidential Decree” in Article 5 (1) 2 of the Act means the one having mental illness such as dementia, schizophrenia, schizotypal affective disorder, bipolar disorder, or alcohol abuse, who is deemed incapable of doing water-related leisure activities normally by a specialized medical doctor in the relevant field. |
| (2) | “Person prescribed by Presidential Decree” in Article 5 (1) 3 of the Act means an addict of narcotic drugs, psychotropic substances, and cannabis, who is deemed incapable of doing water-related leisure activities normally by a specialized medical doctor in the relevant field. |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 3-3 (Notification of Personal Information relating to Grounds for Disqualification of Operator License) |
| (1) | “The head of the agency prescribed by Presidential Decree” in Article 5 (2) of the Act means any of the following persons: <Amended on Dec. 16, 2011; May 29, 2017; Feb. 25, 2020> |
| 1. | The Commissioner of the Military Manpower Administration; |
| 2. | The Minister of Health and Welfare; |
| 3. | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as a “Mayor/Do Governor”), or the head of a Si/Gun/Gu (the head of Gu refers to the head of an autonomous Gu; hereinafter the same shall apply); |
| 4. | The Navy Chief of Staff, the Air Force Chief of Staff, each Army Commander of the army, and the armed forces medical commander; |
| (2) | The contents of personal information which a person falling under any of the subparagraphs of paragraph (1) shall notify to the Commissioner of the Korea Coast Guard under Article 5 (2) of the Act shall be as set out in attached Table 1. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | A person falling under any of the subparagraphs of paragraph (1) shall notify to the Commissioner of the Korea Coast Guard of the personal information pursuant to paragraph (2) at least once every six months as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 4 (Conduct of License Examinations) |
| (1) | When the Commissioner of the Korea Coast Guard conducts operator license examinations under Article 6 of the Act (hereinafter referred to as "license examination"), he or she shall publicly announce such examinations as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A person who intends to take a license examination shall submit an application for license examination to the Commissioner of the Korea Coast Guard as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 5 (Written Examination) |
| (1) | The written examination (hereinafter referred to as the “written examination”) of an operator license shall be performed by a selective form, and the subject for an examination shall be as set out in attached Table 1-2. |
| (2) | The written examination for general operator license shall be based on a maximum of 100 points; for class 1 operator license, a successful applicant shall score at least 70, for class 2 operator license, a successful applicant shall score at least 60. |
| (3) | The written examination for a yachting license shall be based on a maximum of 100 points, and a successful applicant thereof shall score at least 70. |
| (4) | A person who has passed a written examination is exempted from the written examination which is performed within one year from the date being passed. |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 6 (Practical Examination) |
| (1) | The practical examination (hereinafter referred to as the “practical examination”) for operator license shall be conducted for a person who has passed the written examination or is exempted from the written examination. |
| (2) | The practical examination for general operator license shall be based on a maximum of 100 points; for class 1 operator license, a successful applicant shall score at least 80, for class 2 operator license, a successful applicant shall score at least 60. |
| (3) | The practical examination for a yachting license shall be based on a maximum of 100 points, and a successful applicant thereof shall score at least 60. |
| (4) | The Commissioner of the Korea Coast Guard shall, when conducting the practical examination, have applicants use a water leisure craft for examination purposes appropriate for the size pursuant to attached Table 2: Provided, That where a water leisure craft prepared for the examination separately is appropriate for the size pursuant to attached Table 2, the relevant water leisure craft may be used for the practical examination. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Commissioner of the Korea Coast Guard shall, when conducting the practical examination, have two examiners embark on one water leisure craft. <Amended on Mar. 24, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | Scoring standards and driving courses of the practical examination shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 7 (Exemption from License Examination) |
| (2) | “Academic department relating to power-driven water leisure craft prescribed by Presidential Decree” in Article 7 (1) 2 of the Act means an academic department in which at least six credits are to be completed for subjects related to power-driven water leisure craft as compulsory. |
| (3) | “License ... prescribed by Presidential Decree” in Article 7 (1) 3 of the Act means a license of a deck officer, engineer officer, operating officer, or operator of small ships, which is categorized in the Ship Officers Act. |
| (4) | Deleted. <Dec. 16, 2011> |
| (5) | The Commissioner of the Korea Coast Guard may designate and publicly announce an institution or organization meeting each of the following requirements as an institution or organization conducting education (hereinafter referred to as "license examination-exempt educational institution") the graduates of which are exempted from all examination subjects for license (limited to a class 2 operator license and a yachting license): <Amended on Feb. 17, 2016; Jul. 6, 2016; Jul. 26, 2017; Feb. 25, 2020> |
| 1. | Any one of the following institutions or organizations: |
| (a) | An institution operating water craft similar to power-driven water leisure craft in the course of performing its duties, such as the police, the maritime police, the firefighting squad, and the armed force; |
| (b) | Any other institution and organization the establishment purpose of which is related to water-related leisure activities; |
| 2. | An institution or organization that has established personnel standards and equipment and facilities standards under attached Table 3 and that is capable of providing relevant curricula. |
| (6) | A person that seeks to be designated as a license examination-exempt educational institution shall file an application for designation with the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Feb. 25, 2020> |
| (7) | The detailed standards for exemption from examination under Article 7 (2) of the Act shall be as set out in attached Table 4. |
| (8) | Detailed matters necessary for providing relevant curricula under paragraph (5) 2 shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Mar. 24, 2014; Nov. 19, 2014; Feb. 17, 2016; Jul. 26, 2017; Feb. 25, 2020> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 7-2 Deleted. <Feb. 25, 2020> |
| Article 7-3 (Improvement or Complementation Orders Issued to License Examination-Exempt Educational Institutions) |
| (1) | Where the Commissioner of the Korea Coast Guard finds that either of the grounds specified in Article 7-2 (1) 3 or 4 of the Act has occurred, he or she may, on only one occasion, order the relevant license examination-exempt educational institution to take measures for improvement or complementation so that it can provide relevant education curricula or satisfy relevant requirements for designation, before revoking the designation of such institution or suspending its business operations. <Amended on Jul. 26, 2017; Feb. 25, 2020> |
| (2) | An improvement or complementation order issued under paragraph (1) shall contain matters to be improved or complemented by a license examination-exempt educational institution subject to such order, as well as the period of such improvement or complementation. <Amended on Feb. 25, 2020> |
[This Article Newly Inserted on Jul. 6, 2016]
[Title Amended on Feb. 25, 2020]
| Article 7-4 (Postponement of Renewal of Operator License Certificates) |
| (1) | Where a person required to renew his or her operator license certificate for power-driven water leisure craft pursuant to Article 9 of the Act (hereinafter referred to as "license certificate) fails to renew the license certificate within the period of renewal due to any of the following grounds, he or she shall submit to the Commissioner of the Korea Coast Guard an application for the postponement of the renewal period of operator license certificate (prior renewal) in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries, accompanied by documentation substantiating the relevant ground: <Amended on Mar. 23, 2013; Mar. 24, 2014; Nov. 19, 2014; Nov. 20, 2015; Nov. 29, 2016; Jul. 26, 2017; Feb. 25, 2020; Jun. 30, 2020> |
| 1. | Where he or she plans to stay or stays abroad, or suffers a disaster or calamity during the period of renewal; |
| 2. | Where he or she is unable to move freely due to a disease or injury; |
| 3. | Where his or her corporal freedom is restricted pursuant to any statute or regulation; |
| 4. | Where he or she is in military service (including substitute service as a conscripted police officer or a compulsory fire fighter pursuant to the Military Service Act) or is serving as alternative service personnel under Act on the Assignment and Performance of the Alternative Service; |
| 5. | Where it is deemed that when judged from a perspective of social norms, there is an unavoidable reason not to be able to renew the license certificate within the period of renewal. |
| (2) | Where a ground for application under paragraph (1) is deemed well-founded, the Commissioner of the Korea Coast Guard shall have him or her renew his or her license certificate before the period of renewal thereof or shall postpone the period of renewal of his or her license certificate on only one occasion. <Amended on Nov. 19, 2014; Jul. 26, 2017; Feb. 25, 2020> |
| (3) | A person who has postponed the renewal of his or her license certificate pursuant to paragraph (2) shall renew the license certificate within three months from the date the reason for postponement ceases to exist. <Amended on Feb. 25, 2020> |
[This Article Wholly Amended on Mar. 31, 2009]
[Title Amended on Feb. 25, 2020]
[Moved from Article 7-2 <Jul. 6, 2016>]
| Article 8 (Exemption from Water-Related Safety Education) |
“Person prescribed by Presidential Decree” in the proviso, with the exception of the subparagraphs, of Article 10 (1) of the Act means any of the following persons: <Amended on Dec. 16, 2011; Dec. 17, 2013; Feb. 25, 2020> | 2. | A person who has completed any of the following education within the past one year from the time having received the application for license examination pursuant to Article 6 of the Act or the time having renewed the license certificate pursuant to Article 9 of the Act: |
| (a) | Water-related safety education under Article 10 of the Act (hereinafter referred to as the “safety education”); |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 9 (Standards for Designation of Agencies Entrusted with Safety Education) |
| (1) | The standards for designation of agencies entrusted with safety education pursuant to Article 10 (2) of the Act (hereinafter referred to as “agencies entrusted with safety education”) shall be as set in attached Table 5. |
| (2) | A person that seeks to be designated as an agency entrusted with safety education shall file an application for designation with the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 25, 2020> |
| (3) | The head of an agency entrusted with safety education shall issue a certificate for completion of safety education in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries to a person who has undergone adequate safety education. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Matters necessary for the curricula of safety education to be provided by agencies entrusted with safety education shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 25, 2020> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 10 (Improvement or Complementation Orders Issued to Agencies Entrusted with Safety Education) |
| (1) | Where the Commissioner of the Korea Coast Guard finds that the ground specified in Article 10-2 (1) 3 of the Act has occurred, he or she may issue an order for improvement or complementation, to the agency entrusted with safety education concerned, so that it can satisfy the standards for designation under Article 9 (1) within a specified period. In such cases, such improvement or complementation order may be issued on only one occasion. <Amended on Mar. 24, 2014; Nov. 19, 2014; Jul. 26, 2017; Feb. 25, 2020> |
| (2) | An improvement or complementation order issued under paragraph (1) shall include the deadline for and details of improvement or complementation; and other measures, etc. that shall be taken in the case of failure to comply with such improvement or complementation order. <Amended on Feb. 25, 2020> |
[This Article Wholly Amended on Mar. 31, 2009]
[Title Amended on Mar. 24, 2014; Feb. 25, 2020]
| Article 11 (Standards for Designation of Examination Agencies) |
| (1) | A person that seeks to be designated as an examination agency under Article 14 (1) of the Act (hereinafter referred to as “examination agency”) shall meet all of the following requirements: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The person shall have the ability to assign one responsible operator and four examiners for each examination site; |
| 2. | The person shall have facilities, etc. for practical examination for each examination site that meet the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries |
| (2) | A responsible operator for each examination site under paragraph (1) 1 shall have experience performing the duties determined and publicly notified by the Commissioner of the Korea Coast Guard, which are related to water-related leisure activities, for at least five years; an examiner by examination site shall have the operator license (in the case of an examination agency for class 2 operator license, such operator license refers to class 1 operator license; in the case of examination agencies for yachting license, it refers to yachting license), and shall be a person who has obtained qualifications for a life guard prescribed in Article 37 (1). <Amended on Dec. 16, 2011; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | A person that seeks to be designated as an examination agency shall file an application for designation as prescribed by Ordinance of the Ministry of Oceans and Fisheries with the Commissioner of the Korea Coast Guard. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 12 (Procedures for Revocation of Designation of Examination Agency) |
| (1) | Article 10 shall apply mutatis mutandis to an improvement or complementation order issued to an examination agency. In such cases, "ground specified in Article 10-2 (1) 3 of the Act" shall be construed as "ground specified in Article 14 (2) 2 of the Act", "agencies entrusted with safety education" as "examination agencies", and "standards for designation under Article 9 (1)" as "standards for designation under Article 11 (1) and (2)", respectively. <Amended on Feb. 25, 2020> |
| (2) | When the revocation of a designation of, or the disposition to suspend of the business of, an examination agency under Article 14 (2) is notified, a notice to revoke a designation as an examination agency or to suspend business operations in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries shall be sent. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Except as provided in paragraphs (1) and (2), detailed standards, procedures, etc. for revoking the designation of, or suspending the business of, an examination agency shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 13 Deleted. <Feb. 25, 2020> |
| Article 14 Deleted. <Feb. 25, 2020> |
CHAPTER III OBLIGATION OF SAFETY COMPLIANCE
| Article 15 (Navigation Rules) |
Navigation rules observed by persons engaged in water-related leisure activities pursuant to Article 18 of the Act shall be as shown in attached Table 7. [This Article Wholly Amended on Mar. 31, 2009]
| Article 16 Deleted. <Jun. 25, 2008> |
| Article 17 Deleted. <Jul. 6, 2016> |
| Article 18 (Prohibition of Excess Capacity) |
| (2) | The capacity of a water leisure craft, which is not subject to registration under Article 30 of the Act, shall be calculated in accordance with the standard for calculation of capacity thereof determined and notified by the Commissioner of the Korea Coast Guard taking into consideration the number of seats, type, etc. of the relevant water leisure craft. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | When the capacity of the water leisure craft is calculated pursuant to paragraphs (1) and (2), the number of people who have taken on board due to aquatic rescue and relief or any other unavoidable cause shall not be included in its capacity. <Amended on Feb. 25, 2020> |
[This Article Wholly Amended on Mar. 31, 2009]
CHAPTER IV SAFETY MANAGEMENT
| Article 18-2 (Korea Aqua-Leisure Safety Association) |
| (1) | The following matters shall be included in the articles of incorporation of the Korea Aqua-Leisure Safety Association (hereinafter referred to as the “Association”) under Article 28-2 (2) of the Act; |
| 3. | Location of the office (including a branch office or the place of business) |
| 4. | Matters regarding the business or its execution; |
| 5. | Matters regarding the qualification of members, entry, withdrawal, and rights and duties; |
| 6. | Matters regarding executive members and employees; |
| 7. | Matters regarding the general meeting and the board of directors; |
| 8. | Matters regarding the organization and the system; |
| 9. | Matters regarding the asset and the accounting; |
| 10. | Matters regarding the modification of the articles of incorporation; |
| 11. | Matters regarding the method of the public notification. |
| 1. | Investigation and research of the technology relating to water leisure craft; |
| 2. | Research and development of the system concerning water-related leisure safety; |
| 3. | Domestic and international cooperation relating to water-related leisure industry; |
| 4. | Development and provision of the education program relating to water-related leisure safety; |
| 5. | Education, training, and guidance for employees relating to water-related leisure safety; |
| 6. | The current status and statistical survey relating to water-related leisure industry. |
| (3) | The Commissioner of the Korea Coast Guard may require the Association to submit or report the following materials pursuant to Article 28-2 (5) of the Act: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Matters regarding the business management; |
| 2. | Matters regarding the financial management; |
| 3. | Matters regarding the management of organization; |
| 4. | Other matters deemed necessary by the Commissioner of the Korea Coast Guard for the guidance and supervision of the Association. |
[This Article Newly Inserted on Dec. 16, 2011]
| Article 19 (Composition of Council) |
| (1) | A safety council for water-related leisure activities under Article 29 of the Act (hereinafter referred to as “council”) shall be comprised of not more than 17 members including one chairperson. |
| (2) | A Deputy Mayor or Vice-Governor of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") shall serve as the chairperson of the relevant council; and the following persons shall serve as its members: <Amended on Dec. 16, 2011; Nov. 19, 2014; Jul. 26, 2017; Feb. 25, 2020> |
| 1. | At least one person appointed by the head having jurisdiction, from among the public officials in charge of water-related leisure duties in each City/Do: Provided, That in cases of a Special Self-Governing Province, at least three persons shall be appointed; |
| 2. | From among the public officials in charge of water-related leisure duties in a Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply) that a Mayor/Do Governor (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor) has designated, at least one person per such Si/Gun/Gu appointed by the head of the Si/Gun/Gu; |
| 3. | One representative of water-related leisure organization or expert in the field of water-related leisure who is commissioned by the competent Mayor/Do Governor; |
| 4. | A police officer in charge of water-related leisure duties who is appointed by the Commander of a Regional Coast Guard in its jurisdiction. |
| (3) | The Council shall have an executive secretary, who shall be appointed by the Chairperson from among public officials of the City/Do. |
| (4) | The Council shall deliberate on the following matters: |
| 1. | Matters regarding the cooperation among the relevant administrative agencies under Article 28 of the Act; |
| 2. | Suggestions of the relevant agency and organization regarding water leisure safety; |
| 3. | Matters regarding the improvement and supplementation of water leisure safety duties; |
| 4. | Other matters regarding water leisure safety duties. |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 20 Deleted. <Feb. 25, 2020> |
| Article 21 Deleted. <Feb. 25, 2020> |
CHAPTER V REGISTRATION AND INSPECTION
| Article 22 (Power-Driven Water Leisure Craft Subject to Registration) |
| 2. | A rubber boar with more than 30 horsepower of propulsion engine; |
[This Article Wholly Amended on Dec. 16, 2011]
| Article 23 (Procedures for Filing Application for Registration) |
| (1) | A person who intends to file for registration of a power-driven water leisure craft pursuant to Article 30 (1) of the Act shall submit an application for registration in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries, accompanied with each of the following documents, to the head of a Si/Gun/Gu (including a Special Self-Governing City Mayor or a Special Self-Governing Province Governor; hereafter in this Chapter, the same shall apply) having jurisdiction over his or her domicile: Provided, That if the information in the accompanied documents can be verified through administrative data matching under Article 36 (1) of the Electronic Government Act, the verification shall substitute for the accompanied documents: <Amended on May 4. 2010; Nov. 2, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 25, 2020> |
| 1. | Transfer certificate or written evidence verifying the ground for registration; |
| 2. | Where the agreement or consent for the third party is required for the ground for registration, documents (excluding signing and sealing by the third party on the written application for registration) verifying such; |
| (2) | The head of a Si/Gun/Gu may request him or her to submit materials necessary to verify that the stated matter and attached documents are trustworthy in addition to attached documents pursuant to each subparagraph of paragraph (1). |
| (3) | Upon receipt of an application for registration under paragraph (1), the head of the competent Si/Gun/Gu shall ascertain whether the applicant is the owner of the relevant power-driven water leisure craft and then make a registration thereof in the original register of power-driven water leisure craft in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as “original register”); and shall issue the certificate of registration of power-driven water leisure craft and identification plate thereof to the applicant within three days after the date of registration. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 25, 2020> |
| (4) | A person who intends to inspect the original register or be issued with a transcript thereof pursuant to paragraph (3) shall apply to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The head of a Si/Gun/Gu shall, upon receipt of a request pursuant to paragraph (4), have applicants inspect the original register or be issued with a transcript thereof. In such cases, in order to prevent the disclosure of personal information, some of the contents thereof may be redacted as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 24 (Registration of Change to Registered Matters) |
| (1) | When any of the following changes occurs to the registered matters of a power-driven water leisure craft under Article 32 of the Act, its owner or possessor shall file for change to registration with the head of a Si/Gun/Gu within 30 days from the date when such change has occurred: <Amended on Apr. 4, 2011; Dec. 16, 2012; Mar. 24, 2014; Feb. 25, 2020> |
| 1. | When the right of ownership is changed due to purchase, sale, donation, etc.; |
| 2. | When the name of the owner (referring to the name of the corporation in the case of a corporation) or the name of such power-driven water leisure craft is changed; |
| (2) | The head of a Si/Gun/Gu with whom the application for change to registration is filed pursuant to paragraph (1) shall register such change, except for cases deemed that the application is false. |
| (3) | An application form for registration of change to the registered matters of a power-driven water leisure craft shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 25, 2020> |
[This Article Wholly Amended on Mar. 31, 2009]
[Title Amended on Feb. 25, 2020]
| Article 24-2 (Seizure Registration) |
Upon receipt of request for registration of seizure of a power-driven water leisure craft under Article 33-3 of the Act, the head of a Si/Gun/Gu shall register the seizure of the relevant craft on the original register and immediately notify the owner of the craft thereof. <Amended on Feb. 25, 2020> [This Article Wholly Amended on Mar. 31, 2009]
[Title Amended on Feb. 25, 2020]
| Article 25 (Subscription to Insurance by Owner of Power-Driven Water Leisure Craft) |
Pursuant to Article 34 of the Act, the owner of a power-driven water leisure craft shall subscribe to an insurance or mutual aid program (hereinafter referred to as “insurance, etc.”) in accordance with the following standards: <Amended on Jul. 6, 2016; Feb. 25, 2020> | 1. | Subscription period: It shall be required to maintain such subscription during the registration period of such power-driven water leisure craft; |
[This Article Wholly Amended on Dec. 16, 2011]
[Title Amended on Jul. 6, 2016; Feb. 25, 2020]
| Article 26 (Conditions and Procedures for Designation of Safety Inspection Agencies) |
| (1) | A person who seeks to be designated as an inspection agency pursuant to Article 38 (1) of the Act (hereinafter referred to as “inspection agency”) shall employ at least three safety inspectors who meet any of the following qualifications: <Amended on Dec. 17, 2013; Jul. 6, 2016; Feb. 25, 2020> |
| 1. | A person with at least three years’ working experience in business affairs related to ship inspection after graduating from the related department of mechanical engineering, or shipbuilding and navigation at a junior college or higher under Article 2 of the Higher Education Act, or after acquiring scholastic ability recognized as equivalent thereto pursuant to any statute or regulation; |
| 2. | A person who has at least three years’ working experience in the safety inspection of power-driven water leisure craft under Article 37 of the Act, in the certification of exemplary workplaces under Article 46 (1) of the Act (referring to the one before amended by Act No. 13754), or in the type approval under Article 47 of that Act; |
| 4. | A person who has at least three years’ working experience in maintenance work in a place of business certified as an exemplary workplace pursuant to Article 46 (1) of the Act (referring to the one amended by Act No. 13754 on July 8, 2016), as a holder of class 1 general operator license for power-driven water leisure craft; |
| 5. | A person who has at least 10 years' working experience in the operation and maintenance of ship engines after he or she has obtained an operator license for power-driven water leisure craft (limited to a class 1 operator license or a yachting license) and a license as a third class engineer or higher pursuant to the Ship Officers Act. |
| (2) | A person that seeks to be designated as an inspection agency shall fill an application for designation as prescribed by Ordinance of the Ministry of Oceans and Fisheries with the Commissioner of the Korea Coast Guard or the competent Mayor/Do Governor <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Except as provided in paragraphs (1) and (2), matters to be reported and procedures for reporting by inspection agencies, standards for facilities and equipment that inspection agencies are required to meet, and detailed matters regarding the management of and supervision over inspection agencies shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 27 (Revocation of Designation of Inspection Agency) |
| (1) | Article 10 shall apply mutatis mutandis to an improvement or complementation order issued to an inspection agency. In such cases, "ground specified in Article 10-2 (1) 3 of the Act“ shall be construed as "ground specified in Article 38 (2) 2 of the Act", "agencies entrusted with safety education" as "inspection agencies", and "standards for designation under Article 9 (1)" as "conditions for designation under Article 26", respectively. <Amended on Feb. 25, 2020> |
| (2) | A disposition to revoke the designation of or to suspend the business of an inspection agency under Article 38 (2) of the Act shall be made by a notice of revocation of the designation of or suspension of the business of an inspection agency in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the detailed standards and procedures for revocation of the designation of, or suspension of the business of, an inspection agency shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 27-2 (Permission for Provisional Navigation) |
| (1) | A person that seeks to obtain permission for provisional navigation under Article 38-2 (1) of the Act (hereinafter referred to as "permission for provisional navigation") shall file an application for permission for provisional navigation after having safety equipment and other equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries prepared and available, with the chief of a coast guard station or the head of a Si/Gun/Gu having jurisdiction over a zone in the following classifications in which provisional navigation is permitted (hereafter in this Article referred to as the "head of a government agency responsible for permission for provisional navigation"): |
| 1. | Where a provisional navigation zone is part of the surface of seawater: The chief of a coast guard station having jurisdiction over the relevant area; |
| 2. | Where a provisional navigation zone is part of the surface of inland waters: The head of a Si/Gun/Gu having jurisdiction over the relevant area. |
| (2) | Where the head of a government agency responsible for permission for provisional navigation grants permission for provisional navigation, he or she shall issue a permit for provisional navigation in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | The period of permission for provisional navigation and the zone subject to such permission shall be as follows: |
| 1. | The period of permission: 7 days (limited to the time from 30 minutes before sunrise, to 30 minutes after sunset); |
| 2. | The zone subject to permission: Not more than 10 nautical miles in a straight line from the port of departure. |
| (4) | A person who has obtained permission for provisional navigation shall return the permit for provisional navigation to the head of a government agency responsible for permission for provisional navigation within three days from the date the period of permission expires under Article 38-2 (4) of the Act. |
| (5) | Except as provided in paragraphs (1) through (4), detailed procedures relating to permission for provisional navigation shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Nov. 24, 2020]
CHAPTER VI WATER-RELATED LEISURE INDUSTRY
| Article 28 (Subscription by Water-Related Leisure Business Operators to Insurance) |
Each water-related leisure business operator shall subscribe to an insurance, etc. in accordance with the following standards, pursuant to Article 44 of the Act: <Amended on Jul. 6, 2016> | 1. | Subscription period: It shall be purchased continuously during the business period of a water-related leisure business operator; |
| 2. | Subscribed subject matter: All the water leisure craft which are used or intend to use for the business of a water-related leisure business operator; |
[This Article Wholly Amended on Dec. 16, 2011]
[Title Amended on Jul. 6, 2016]
| Article 28-2 (Provision of Information on Subscription to Insurance) |
| (1) | Each water-related leisure business operator shall display, at a noticeable spot in the his or her place of business, the subscription period, subscribed subject matter, and subscription amount of the insurance, etc. to which he or she subscribes pursuant to Article 44-2 of the Act. |
| (2) | Except as provided in paragraph (1), matters necessary to inform whether a water-related leisure business operator subscribes to insurance, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jul. 6, 2016]
| Article 29 (Items Subject to Safety Examination) |
| 1. | Stability of water leisure craft (excluding power-driven water leisure craft subject to safety inspection under Article 37 of the Act) under each subparagraph of Article 2 (1); |
| 2. | Whether facilities, equipment, etc. installed in a place of a water-related leisure business under Article 39 of the Act comply with the standards for registration; |
| 3. | Whether a water-related leisure business operator, etc. pursuant to each subparagraph of Article 48 (1) of the Act shall comply with the safety measures; |
| 5. | Whether the standards for qualifications and assignment of life guards and rafting guides under Article 48 (3) of the Act are appropriate. |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 30 Deleted. <Jul. 6, 2016> |
| Article 31 Deleted. <Jul. 6, 2016> |
| Article 32 Deleted. <Jul. 6, 2016> |
| Article 33 Deleted. <Jul. 6, 2016> |
| Article 34 Deleted. <Jul. 6, 2016> |
| Article 35 Deleted. <Jul. 6, 2016> |
| Article 36 Deleted. <Jul. 6, 2016> |
| Article 37 (Standards for Qualifications for Life Guards and Rafting Guides) |
| (1) | Life guards and rafting guides referred to in Article 48 (1) 5 of the Act shall be those with qualifications classified as follows: <Amended on Jul. 6, 2016; Jul. 26, 2017> |
| 1. | Life guard: Any of the following persons: |
| (a) | A person who has obtained qualifications for a life guard after completing the educational course at an institution or organization related to water-related leisure which are designated by the Commissioner of the Korea Coast Guard (referred to as “educational institution” hereafter in this Article) among institutions or organizations meeting the standards referred to in attached Table 10-2; |
| 2. | A rafting guide: A person who has obtained the qualifications for a rafting guide after completing a relevant educational course at the educational institution. |
| (2) | Matters necessary for the designation of educational institutions, revocation of such designation, education courses, etc. shall be determined and publicly announced by the Commissioner of the Korea Coast Guard. <Amended on Apr. 4, 2011; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Life guards shall be assigned to the business area of every relevant water-related leisure business, and at least one rafting guide shall board each rafting craft in operation to check the safety conditions in the business area and passengers' safety: Provided, That where the head of the Si/Gun/Gu having jurisdiction over waters in service (referring to the Special Self-Governing City Mayor in the case of a Special Self-Governing City; the Special Self-Governing Province Governor, in the case of a Special Self-Governing Province; the head of the agency having jurisdiction over duties regarding the management of Han River in Seoul Special Metropolitan City, in the case of Han River of Seoul Special Metropolitan City, respectively; hereafter in this Chapter, the same shall apply) deems that there is no obstacle to the prevention of danger, taking into consideration the water depth, flow velocity, operation distance, the stream strength, the stability, etc. of the relevant business place and business area, and if the capacity of a rafting craft does not exceed four persons, he or she may permit that a rafting guide on another rafting craft to can approach such rafting craft while marinating close proximity to one another for checking the safety conditions in the business area and passengers’ safety. <Amended on Feb. 17, 2016; Feb. 25, 2020> |
| (4) | Where rafting craft are being operated as described in the proviso of paragraph (3), the number of rafting craft which a rafting guide can operate while maintain proximity shall be determined within the scope of two to five craft by the head of the Si/Gun/Gu having jurisdiction over waters in service. <Amended on Mar. 24, 2014; Feb. 17, 2016> |
| (5) | An emergency rescue boat to be placed pursuant to Article 48 (1) 6 of the Act shall be a power-driven water leisure craft appropriate for lifesaving and shall be marked with a sign indicating that it is an emergency rescue boat. <Newly Inserted on Feb. 25, 2020> |
[This Article Wholly Amended on Mar. 31, 2009]
| Article 38 (Scope of Dangerous Goods) |
| Article 38-2 (Water Leisure Craft Subject to Restriction on Business) |
“Water leisure craft prescribed by Presidential Decree, such as water leisure craft the bodies of the users of which directly contact water surface” in the proviso, with the exception of the subparagraphs, of Article 49 (1) of the Act, means water leisure craft, such as surfboard, waterskies, and parasails, the users of which contact water surface in the course of performing water-related leisure activities. [This Article Newly Inserted on Jul. 6, 2016]
| Article 38-3 (Submission of Materials) |
The chief of a coast guard station or the head of a Si/Gun/Gu may require a water-related leisure business entity to submit the following documents pursuant to Article 50 of the Act: [This Article Newly Inserted on Feb. 25, 2020]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 38-4 (Violations Subject to Penalty Surcharges and Amount of Penalty Surcharges) |
| (1) | The types of violations subject to penalty surcharges under Article 51-2 (1) of the Act and the amounts of penalty surcharges shall be as specified in attached Table 10-3. |
| (2) | Where the Commissioner of the Korea Coast Guard or the head of a Si/Gun/Gu (limited to where penalty surcharges are imposed pursuant to subparagraph 8 through 11 of attached Table 10-3) imposes a penalty surcharge as prescribed in paragraph (1), the Commissioner or the head may increase or decrease the amount of the penalty surcharge by up to 1/2 of the amount, taking into consideration the number of license examination-exempt educational institutions, agencies entrusted with safety education, examination agencies, and inspection agencies in the relevant area; the severity of relevant violation; and other relevant matters. In such cases, even if the amount of a penalty surcharge is increased, the total amount of penalty surcharges shall not exceed the maximum amount prescribed in Article 51-2 (1) of the Act. |
[This Article Newly Inserted on Feb. 25, 2020]
| Article 38-5 (Imposition of Penalty Surcharges and Procedures for Payment Thereof) |
| (1) | When the Commissioner of the Korea Coast Guard or a Mayor/Do Governor imposes a penalty surcharge under Article 51-2 of the Act, he or she shall give a written notice for the payment of the penalty surcharge, clearly stating the type of the relevant violation and the amount of the penalty surcharge. |
| (2) | A person in receipt of a notice under paragraph (1) shall pay the penalty surcharge to a collecting agency designated by the Commissioner of the Korea Coast Guard or the competent Mayor/Do Governor, by no later than 20 days from the date of receipt of the notice: Provided, That where he or she is unable to pay the penalty surcharge due to a natural disaster or any other unavoidable cause, he or she shall pay it within seven days from the date such cause ceases to exist. |
| (3) | Upon receipt of a penalty surcharge under paragraph (2), a collecting agency shall issue a receipt to the payer and notify the Commissioner of the Korea Coast Guard or the competent Mayor/Do Governor of the fact without delay. |
| (4) | Deleted. <Sep. 24, 2021> |
[This Article Newly Inserted on Feb. 25, 2020]
| Article 39 (Delegation of Authority) |
The Commissioner of the Korea Coast Guard shall delegate the authority as classified in the following to the commanders of regional coast guards, the chiefs of coast guard stations, and the heads of Sis/Guns/Gus (including a Special Self-Governing City Mayor; hereafter in this Article, the same shall apply) pursuant to Article 54 of the Act: <Amended on Nov. 19, 2014; Jul. 26, 2017; Feb. 25, 2020> | 1. | The commanders of regional coast guards: To provide guidance and supervision necessary for the implementation of a safety management plan under Article 29-2 (2) of the Act; |
| 2. | The chiefs of coast guard stations: The following authorities: |
[This Article Wholly Amended on Dec. 16, 2011]
| Article 39-2 (Processing Sensitive Information and Personally Identifiable Information) |
The Commissioner of the Korea Coast Guard (including an agency or organization acting on behalf of the authority of the Commissioner of the Korea Coast Guard under Article 14 (1) of the Act), the chiefs of coast guard stations, the Mayors/Do Governors, or the heads of Sis/Guns/Gus may process the information relating to the health under Article 23 of the Personal Information Protection Act and data including resident registration numbers in subparagraph 1 of Article 19 of the Enforcement Decree of that Act or foreigner registration numbers in subparagraph 4 of that Article if it is essential for handling the following: <Amended on Nov. 19, 2014; Jul. 6, 2016; Jul. 26, 2017> | 6. | Affairs regarding the registration of water-related leisure business and registration of change to the registered matters under Article 39 (1) and (2) of the Act; |
| 7. | Deleted; <Feb. 25, 2020> |
| 7-2. | Affairs regarding the renewal of registration of water-related leisure business under Article 39-3 of the Act; |
| 8. | Affairs regarding the verification of disqualification of the registration of water-related leisure business under Article 40 of the Act; |
| 9. | Deleted. <Feb. 25, 2020> |
[This Article Newly Inserted on Aug. 20, 2014]
| Article 39-3 (Re-Examination of Regulation) |
The Commissioner of the Korean Korea Coast Guard shall examine the appropriateness of the following matters every three years, counting from January 1, 2022 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
| 1. | Navigation rules to be observed by persons engaged in water-related leisure activities under Article 15 and attached Table 7; |
| 2. | Procedures for applying for permission for provisional navigation, the period of such permission, the zone subject to such permission, and the return of such permit under Article 27-2. |
[This Article Newly Inserted on Mar. 8, 2022]
CHAPTER VIII PENALTY PROVISIONS
| Article 40 (Criteria for Imposing Administrative Fines) |
[This Article Wholly Amended on Apr. 4, 2011]
ADDENDA <Presidential Decree No. 19297, Jan. 26, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on Apr. 1, 2006. |
| (2) | (Applicability to Exemption of Water-related Safety Education) The exemption of water-related leisure education pursuant to the amended provisions of Article 8 shall apply to a person who obtains the operator licence for the first time after this Decree enters into force. |
| (3) | (Applicability to Calculation standard for Fixed Number of People of Water-related Leisure Craft) The fixed number of people and its calculation standard for water-related leisure craft pursuant to the provisions of Article 18 (1) and (2) toward the water-related leisure craft shall apply to from a person having received inspection pursuant to Article 3 of Addenda of the Act. |
ADDENDA <Presidential Decree No. 19719, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on Oct. 29, 2006.
Article 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 19977, Mar. 27, 2007>
| (1) | (Enforcement Date) This Decree shall enter into force on Mar. 28, 2007. |
| (2) | (Applicability to Certification of Excellent Maintenance Workplace) The amended provisions of attached Table 9 shall apply to a person who obtains the certification of excellent maintenance workplace pursuant to Article 46 of the Act for the first time after this Decree enters into force. |
| (3) | (Transitional Measures concerning Fines for Negligence) With respect to the imposition and collection of fines for negligence toward the act before this Decree enters into force, the previous provisions shall apply notwithstanding the amended provisions of attached Table 11. |
ADDENDA <Presidential Decree No. 20300, Sep. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on Nov. 4, 2007.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20544, Jan. 11, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on Jan. 20, 2008. <Proviso Omitted>
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20699, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 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 portion amended by Presidential Decree whose enforcement date has not yet arrived notwithstanding the promulgation before the enforcement of this Decree among Presidential Decrees amended pursuant to Article 6 of Addenda shall enter into force from the date of enforcement of the relevant Presidential Decree. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 2008.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 20883, Jun. 25, 2008>
This Decree shall enter into force on Jul. 1, 2008. Provided, That the amended provisions of Article 37 (1) and attached Table 10-2 shall enter into force on Jan. 1, 2009.
ADDENDUM <Presidential Decree No. 21401, Mar. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Article 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22827, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Inspection of Water-related Leisure Craft Having Obtained Ship Inspection under the Ship Safety Act) Article 3 (Transitional Measures concerning Fines for Negligence)
| (1) | When the standard for imposition of fines for negligence toward the act of violation before this Decree enters into force is applied, the previous provisions shall apply notwithstanding the amended provisions of the attached Table 11. |
| (2) | the imposition disposition of fines for negligence toward the act of violation before this Decree enters into force shall not be included in the calculation of frequency of the act of violation pursuant to the amended provisions of the attached Table 11. |
ADDENDA <Presidential Decree No. 23379, Dec. 16, 2011>
Article 1 (Enforcement Date)
The decree shall enter into force on Dec. 16, 2011. Provided, That the amended provisions of Article 11 (2) shall enter into force from the date when two years have passed after its promulgation, and the amended provisions of Article 18-2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Exemption of Safety Education)
The amended provisions of subparagraph 2 (b) of Article 8 shall apply to from a person who has completed the safety examination pursuant to the relevant provisions for the first time after this Decree enters into force. Article 3 (Applicability to Change Registration)
The amended provisions other than each subparagraph of Article 24 (1) shall apply to from what the reason of each subparagraph of the same paragraph has occurred for the first time after this Decree enters into force. Article 4 (Transitional Measures, etc. concerning Responsible Operator by Examination Site)
| (1) | A responsible operator who has been assigned to the examination agency pursuant to the previous provisions at the time of enforcement of this Decree shall be deemed to the responsible operator pursuant to the amended provisions of Article 11 (2). |
| (2) | The amended provisions of Article 11 (2) shall apply to from what has been applied for the designation of examination agency for the first time after this Decree enters into force. |
Article 5 (Transitional Measures concerning Fines for Negligence)
When the imposition standard for fines for negligence is applied to the act of violation before this Decree enters into force, the previous provisions shall apply notwithstanding the amended provisions of attached Table 11.
ADDENDA <Presidential Decree No. 24457, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25013, Dec. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Exemption of Water-related Safety Education)
The amended provisions of subparagraph 3 of Article 8 shall apply to a person who has received or is receiving the education performed by the agency or organization pursuant to Article 7 (5) in order to receive exemption from subjects of license examination under Article 7 (1) 6 of the Act at the time of the enforcement of this Decree.
ADDENDA <Presidential Decree No. 25274, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Designation Cancellation, etc. of Entrusted Agency of Safety Education)
The amended provisions of Article 10 (1) shall apply to the case in which the administrative measures are taken after the enforcement of this Decree with respect to the entrusted agency for safety education previously falling under any of each subparagraph of Article 10 (1) before the enforcement of this Decree. Article 3 (Applicability to Designation Standard for Entrusted Agency of Safety Education)
The amended provisions of subparagraph 4 of attached Table 5 shall apply to from the agency or organization applying for the designation of entrusted agency for safety examination after the enforcement of this Decree.
Article 4 (Transitional Measures concerning Human Standard for Agency and Organization performing Education Exempted from License Examination)
| (1) | With respect to the agency and organization performing the education which exempts from the license examination by preparing with the human standard pursuant to previously subparagraph 3 (a) of attached Table 3 at the time of the enforcement of this Decree, a responsible operator shall be placed within one year after the enforcement of this Decree. |
| (2) | With respect to the agency and organization performing the education which exempts from the license examination by preparing with the human standard pursuant to previously subparagraph 1 (a) 1) c) of attached Table 3 at the time of the enforcement of this Decree, the previous provisions shall apply notwithstanding the amended provisions of subparagraph 1 (a) 1) c) of the same attached Table. |
ADDENDUM <Presidential Decree No. 25559, Aug. 20, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25753, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Provided, That the portion amended by Presidential Decree whose enforcement date has not yet arrived notwithstanding the promulgation before the enforcement of this Decree among Presidential Decrees amended pursuant to Article 7 of Addenda shall enter into force from the date of enforcement of the relevant Presidential Decree. Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 26295, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26659, Nov. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 26986, Feb. 17, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7 and attached Table 3 (limited to the part of its title) shall enter into force on July 8, 2016.
ADDENDA <Presidential Decree No. 27321, Jul. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2016: Provided, That the amended provisions of Article 37 (1) 1 (b) shall enter into force on July 25, 2016. Article 2 (Transitional Measures concerning Provision of Information on Subscription to Insurance Scheme, etc.)
Notwithstanding the amended provisions of Article 28-2, a water-related leisure business operator registered under Article 39 (1) of the Act before this Decree enters into force may omit to publish matters concerning the subscription period, subscribed subject matter, subscription amount, etc. of an insurance scheme, etc., until one month from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 27617, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28217, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
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. 30492, Feb. 25, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 28, 2020. (Proviso Omitted.)
Article 2 (Applicability to Penalty Surcharges)
| (1) | The amended provisions of Article 38-4 and attached Table 10-3 shall also apply to violations committed before this Decree enters into force (excluding violations prescribed in previous attached Table 6). |
| (2) | With regard to dispositions to impose penalty surcharges for violations described in previous attached Table 6 before this Decree enters into force, where any of the relevant criteria prescribed in the amended provisions of attached Table 10-3 is stricter than the previous one, the relevant provisions of previous attached Table 6 shall apply; where any of those is more relaxed than the previous one, the relevant amended provisions of attached Table 10-3 shall apply. |
| (3) | Administrative dispositions imposed for violations committed before this Decree enters into force shall be included in the calculation of the number of violations under the amended provisions of attached Table 10-3. |
ADDENDA <Presidential Decree No. 30807, Jun. 30, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 31191, Nov. 24, 2020>
This Decree shall enter into force on November 27, 2020: Provided, That the amended provisions of subparagraph 2 of attached Table 3 shall enter into force three months after the date of the promulgation.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32014, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32801, Jul. 14, 2022>
This Decree shall enter into force on the date of its promulgation.