SHIP SAFETY ACT
Wholly Amended by Act No. 8221, Jan. 3, 2007
Amended by Act No. 8381, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9446, Feb. 6, 2009
Act No. 9871, Dec. 29, 2009
Act No. 10271, Apr. 15, 2010
Act No. 11690, Mar. 23, 2013
Act No. 11808, May 22, 2013
Act No. 13002, Jan. 6, 2015
Act No. 12999, Jan. 6, 2015
Act No. 15002, Oct. 31, 2017
Act No. 16160, Dec. 31, 2018
Act No. 16506, Aug. 20, 2019
Act No. 16902, Jan. 29, 2020
Act No. 17028, Feb. 18, 2020
Act No. 19134, Dec. 27, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect the lives and properties of the nation by prescribing the matters necessary for maintenance of seaworthiness and safe navigation of ships.
The terms used in this Act are defined as follows: <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013; Oct. 31, 2017; Feb. 18, 2020>
1. | The term "ship" means a vessel that is used or can be used for navigation on the water or under water (including a ship with an outboard engine) and floating maritime structures prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as and floatels; |
2. | The term "ship’s facilities" means facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries as those installed or to be installed on ships, such as a hull, an engine, a mast, and drainage facilities; |
3. | The term "articles for ship use" means things prescribed and publicly notified by the Minister of Oceans and Fisheries as those installed and equipped in the ship’s facilities; |
4. | The term "engine" means a mechanism comprising a ship’s facilities, such as motor, power transmission device, boiler, pressure vessel, and auxiliary engine, and their control devices; |
5. | The term "outboard engine" means a mechanism easily detachable by a brief operation from the hull of a ship, as propulsion machinery attachable to the exterior of a ship’s hull; |
6. | The term "seaworthiness" means performance that enables safe navigation in certain weather or navigation conditions as the ability to be prepared the ship to secure her own stability; |
7. | The term "load line" means the line that indicates the maximum passengers on board or cargo on board that allows safe navigation as the draft line of maximum load for the safe navigation of the ship; |
8. | The term "stability" means the nature of the ship returning to its original state of balance when it is heeled by external force, such as waves and wind, while floating on the water in a state of balance; |
9. | The term "passengers" means persons on board a ship, except the following persons: |
(b) | An infant under one year of age; |
(c) | A person prescribed by Ordinance of the Ministry of Oceans and Fisheries, who is temporarily on board, such as a customs officer; |
10. | The term "passenger ship" means a ship which can transport at least 13 passengers; |
11. | The term "small ship" means a ship, the length of which is under 12 meters measured by method of measurement under Article 27 (1) 2; |
12. | The term "barge" means a ship which is not equipped with propulsion machinery, such as a motor and power transmission device, or a mast, and sails by being pulled or pushed by another ship; |
13. | The term "tugboat" means a ship moving another ship by pulling or pushing; |
14. | The term "container" means an implement, the bottom of which is rectangular, which is used repeatedly for transportation of cargo by ship, can be loaded and unloaded by using machinery; can be loaded by stacking; and is equipped with outfits fixing it to a ship or another container; |
15. | The term "bulk carrier" means a ship which loads and transports dry cargo in bulk, such as grain and mineral; |
16. | The term "cargo gear" means mechanical apparatus used for loading and unloading cargo (including fuel, food, engine, ship’s stores, and materials for working which are used for the relevant ship), which is permanently attached to the structure, etc. of the hull; |
17. | The term "loose gear" means articles used as attached to the cargo gear or to the fittings of cargo gear; |
18. | The term "bareboat charters hire purchase" means bareboat charters with hire-purchase agreement by which the ships shall acquire the nationality of the Republic of Korea after expiry of the charter period and after full payment of chartering costs. |
Article 3 (Scope of Application) |
(1) | This Act shall apply to each ship owned by a national of the Republic of Korea or by the Government of the Republic of Korea: Provided, That this Act shall not apply to any of the following ships: <Amended on Apr. 15, 2010; Oct. 31, 2017; Feb. 18, 2020> |
1. | Warships and coast guard ships; |
2. | Ships operated solely by human power using oar, boat pole, pedal, etc.; |
3. | Ships prescribed by Presidential Decree, other than those referred to in subparagraphs 1, 2, and 2-2. |
(2) | The whole or part of this Act shall apply to the following foreign ships, as prescribed by Presidential Decree: Provided, That Article 68 shall apply to all the foreign ships: <Amended on Apr. 11, 2007; Dec. 29, 2009; Oct. 31, 2017> |
1. | A ship used for scheduled coastal passenger transportation services or non-scheduled coastal passenger transportation services provided for in subparagraphs 1 and 2 of Article 3 of the Marine Transportation Act; |
3. | A bareboat charter hire purchase. |
(3) | Notwithstanding paragraphs (1) and (2), the whole or part of this Act shall not apply to or may be applied with relaxation to the following ships, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
1. | The relevant ship the agreement of which is made by and between the Government of the Republic of Korea and the government of a foreign country concerning the scope of application of this Act; |
2. | The relevant ship where emergencies prescribed by Ordinance of the Ministry of Oceans and Fisheries occur, such as rescue of victims; |
3. | The relevant ship where the ship built for the purposes of developing a ship with new characteristics or in new form is intended for temporary use in navigation; |
4. | A ship which navigates internationally only once exceptionally for sale of the ship to a foreign country. |
Article 4 (Application of Standard of Ship's Facilities) |
Where the ship's facilities or the articles for ship use installed in a ship are recognized equivalent to the standard of those to be installed or higher than those in performance, it shall be deemed that the ship's facilities or the articles for ship use have been installed pursuant to the standard of this Act.
Article 5 (Relations with International Conventions) |
When there is a difference between the safety standard of an international convention that has entered into force internationally and the contents of the provisions of this Act in connection with the seaworthiness of a ship on an international voyage and the safety of human lives, the effect of the relevant international convention shall take precedence over the provisions of this Act: Provided, That the same shall not apply when the contents of the provisions of this Act include more higher standards than the safety standard of the international convention.
Article 6 (Participation in Survey of Ship) |
(1) | A person who intends to undergo a survey and obtain examination and confirmation of a ship under this Act, or his or her representative shall attend in the work site where surveys, etc. of a ship is being performed. |
(2) | A person who participates in the survey, etc. of a ship under paragraph (1) shall render necessary cooperation for the survey, examination, and confirmation. |
(3) | Where a person obliged to participate in the survey, examination, and confirmation under paragraphs (1) and (2) fails to take part in them or a person who takes part in the survey, examination, and confirmation does not render necessary cooperation, the Minister of Oceans and Fisheries may suspend the relevant survey, examination, and confirmation. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER II SURVEY OF SHIPS
Article 7 (Shipbuilding Surveys) |
(1) | A person who intends to build a ship shall undergo a survey (hereinafter referred to as "shipbuilding survey") by the Minister of Oceans and Fisheries concerning the ship's facilities to be installed in a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | The Minister of Oceans and Fisheries shall issue a shipbuilding survey certificate in which matters prescribed by Ordinance of the Ministry of Oceans and Fisheries and survey records are described for a ship which has passed the shipbuilding survey. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
(3) | The ship's facilities which have passed a shipbuilding survey under paragraph (1) shall be deemed to have passed the survey to be performed when the ship is used for navigation for the first time during the special survey under Article 8 (1). |
(4) | The Minister of Oceans and Fisheries may have the ships which do not undergo a shipbuilding survey under paragraph (1), such as ships imported from abroad, undergo a survey (hereinafter referred to as "special shipbuilding survey") prescribed by Ordinance of the Ministry of Oceans and Fisheries as the survey corresponding to a shipbuilding survey. In such cases, paragraphs (2) and (3) shall apply mutatis mutandis to ships which have passed the special shipbuilding survey. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
Article 8 (Special Surveys) |
(2) | The Minister of Oceans and Fisheries shall issue a ship survey certificate in which matters prescribed by Ordinance of the Ministry of Oceans and Fisheries and survey records are described for a ship which has passed the special survey under paragraph (1), with the designated navigation area, maximum number of allowable persons on board, and position of the load line. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
(3) | Matters necessary for class of navigation area, navigation area exceptionally allowed or restricted, standard for computation of maximum number of allowable persons on board, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 9 (Intermediate Surveys) |
(1) | A shipowner shall undergo a survey by the Minister of Oceans and Fisheries (hereinafter referred to as "intermediate survey") between special surveys, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | Intermediate surveys shall be classified as Class 1 and Class 2, and the timing and matters of survey shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(3) | The Minister of Oceans and Fisheries shall enter the survey results in the survey records of a ship survey certificate under Article 8 (2) for a ship which has passed the intermediate survey under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
(4) | A person who cannot undergo an intermediate survey due to unavoidable reasons, such as long-term navigation and operations on foreign waters (referring to waters, other than those of the Republic of Korea; hereinafter the same shall apply), may defer the timing for intermediate survey, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
Article 10 (Occasional Survey) |
(1) | In any of the following cases, a shipowner shall undergo a survey (hereinafter referred to as "occasional survey") conducted by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Aug. 20, 2019; Feb. 18, 2020> |
1. | Where the shipowner intends to perform the conversion or repair of the ship's facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
2. | Where the shipowner intends to modify the details entered in a ship survey certificate under Article 8 (2): Provided, That the same shall not apply to a modification of insignificant matters not attended with the modification of the ship's facilities, such as modification of name and address of a shipowner, of ship's name, and of port of registry; |
3. | Where the shipowner intends to modify the use of his or her ship under Article 15 (3); |
4. | Where the shipowner intends to newly install radio installations or modify them under Article 29; |
6. | Where the Minister of Oceans and Fisheries designates the contents and timing of an occasional survey by recognizing the necessity to supplement or repair the ship's facilities; |
7. | Other cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as modifying the load line, etc. |
(2) | The Minister of Oceans and Fisheries shall enter the survey results in the survey records of a ship survey certificate under Article 8 (2) for the ship which has passed the occasional survey under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
(3) | Notwithstanding paragraph (2), the Minister of Oceans and Fisheries may issue a temporary alteration certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries for a ship which has passed an occasional survey under the main clause of paragraph (1) 2 to temporarily alter the matters specified in the ship survey certificate referred to in Article 8 (2). <Amended on Oct. 31, 2017> |
Article 11 (Temporary Navigation Survey) |
(1) | Where a shipowner or shipbuilder intends to temporarily use a ship for navigation prior to a special survey or to execute a sea trial of a foreign ship (referring to a ship registered or to be registered in a foreign country after the completion of shipbuilding in a domestic shipbuilding yard; hereafter in this Article the same shall apply) built in a domestic shipbuilding yard, he or she shall undergo an survey (hereinafter referred to as "temporary navigation survey") by the Minister of Oceans and Fisheries as to whether the relevant ship has the required seaworthiness, as prescribed by Ordinance of the Ministry of Oceans and fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | The Minister of Oceans and Fisheries shall issue a temporary navigation certificate in which matters prescribed by Ordinance of the Ministry of Oceans and Fisheries and survey records are described for a ship which has passed the temporary navigation survey under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
Article 12 (International Convention Survey) |
(1) | An owner of a ship on an international voyage shall undergo a survey (hereinafter referred to as "international convention survey") conducted by the Minister of Oceans and Fisheries under the international convention internationally entering into effect in connection with the seaworthiness of the ship and safety of human life. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries shall issue an international convention certificate in which matters prescribed by Ordinance of the Ministry of Oceans and Fisheries and survey records are described for a ship which has passed the international convention survey. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
(3) | Where a holder of an international convention certificate issued under paragraph (2) violates the international convention prescribed in paragraph (1), the Minister of Oceans and Fisheries may withdraw the relevant certificate, suspend its effect, or revoke it. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(4) | When a foreign government requests the issuance of an international convention certificate, the Minister of Oceans and Fisheries may issue an international convention certificate after conducting an international convention survey for the relevant foreign ship under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(5) | Matters necessary for class of an international convention survey, issuance, withdrawal, suspension of effect, and revocation of an international convention certificate, and investigation method on the violation of international conventions, etc. under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
Article 13 (Approval of Drawings) |
(1) | A person who intends to undergo a shipbuilding survey, special survey, intermediate survey, or occasional survey under Articles 7 through 10 shall obtain a prior approval from the Minister of Oceans and Fisheries for the drawings of the relevant ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply to the modification of approved matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | When the Minister of Oceans and Fisheries deems that drawings requested for approval under paragraph (1) are suitable for the standard under Articles 26 through 28, he or she shall approve the drawings and indicate the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries for the relevant drawings. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Feb. 18, 2020> |
(3) | A person who obtains approval from the Minister of Oceans and Fisheries under paragraph (1) shall build or convert a ship in compliance with the drawings as approved. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(4) | A shipowner shall keep the drawings approved under paragraph (1) in the relevant ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
Article 14 (Preparation for Survey) |
(1) | Matters of arrangements necessary for a shipbuilding survey, special survey, intermediate survey, occasional survey, or temporary navigation survey (hereinafter referred to as "ship survey"), classified by the relevant survey, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(2) | Notwithstanding paragraph (1), the Minister of Oceans and Fisheries may fully or partially relax or exempt the survey arrangements, document submission, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries, taking into account the structure, facilities, size, use, navigation area, etc. of the relevant ship. <Amended on Oct. 31, 2017> |
(3) | As arrangements for surveys under paragraph (1), a shipowner shall undergo the measurement of the hull thickness conducted by a thickness measuring company designated pursuant to paragraph (4), as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where it is impracticable to domestically measure the hull thickness due to unavoidable circumstances, such as long-term voyage and operations on foreign waters or repair in a foreign country, the shipowner may undergo the measurement conducted by a foreign thickness measuring company other than the one designated as a thickness measuring company under paragraph (4), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Oct. 31, 2017> |
(4) | The Minister of Oceans and Fisheries may designate a thickness measuring company that fulfills the criteria prescribed by Presidential Decree, such as measuring equipment and professional human resources, as a thickness measuring company that measures hull thickness pursuant to paragraph (3). <Newly Inserted on Oct. 31, 2017> |
(5) | Where a thickness measuring company designated under paragraph (4) (hereinafter referred to as "designated thickness measuring company") falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the designation or suspend the measuring business for a fixed period of up to six months: Provided, That in cases falling under any of subparagraphs 1 through 3, he or she shall revoke the designation: <Newly Inserted on Oct. 31, 2017> |
1. | Where the designation is obtained by fraud or other improper means; |
2. | Where a hull thickness was measured by fraud or other improper means; |
3. | Where the company discontinues its business; |
4. | If it fails to meet the criteria for designation under paragraph (4); |
5. | Where the company fails to perform the hull thickness measuring business for at least one year continuously without good cause; |
6. | Where the company fails to comply with an order to submit a report or data issued under Article 75 (1). |
(6) | Where the Minister of Oceans and Fisheries designates a thickness measuring company pursuant to paragraph (4) or revokes the designation or suspends the measuring business pursuant to paragraph (5), he or she shall publicly notify such fact. <Newly Inserted on Oct. 31, 2017> |
(7) | Matters necessary for the procedures for designating a thickness measuring company and the guidance and supervision of a designated thickness measuring company, and the detailed criteria, procedures, etc. for revoking the designation or suspending such measuring business shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 31, 2017> |
Article 15 (Maintenance of State of Ship after Ship Survey) |
(1) | A shipowner shall not modify or convert the structure arrangement, engine, facilities, etc. of the relevant ship after the shipbuilding survey or ship survey. <Amended on Jan. 6, 2015; Aug. 20, 2019> |
(2) | A shipowner shall maintain the facilities of its ship in the normal working and operating state so that the seaworthiness of the ship is maintained after it undergoes a shipbuilding survey or ship survey. <Newly Inserted on Aug. 20, 2019> |
(3) | Notwithstanding paragraph (1), a shipowner may modify the length, width, depth, and use of a ship or convert the facilities thereof within the extent that the stability standards prescribed by Ordinance of the Ministry of Oceans and Fisheries are satisfied, with permission therefor from the Minister of Oceans and Fisheries. <Amended on Jan. 6, 2015; Aug. 20, 2019> |
(4) | Matters necessary for the objects of and procedures for permission under paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Jan. 6, 2015; Aug. 20, 2019> |
Article 16 (Term of Validity of Ship Survey Certificate and International Convention Certificate) |
(1) | The term of validity of a ship survey certificate under Article 8 (2) and that of an international convention certificate under Article 12 (2) shall be prescribed by Presidential Decree within five years. |
(2) | The Minister of Oceans and Fisheries may extend the term of validity of a ship survey certificate and an international convention certificate under paragraph (1) by up to five months, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(3) | The effect of the term of validity of a ship survey certificate and an international convention certificate of a ship which fails to pass the intermediate survey or occasional survey under Article 10 (1) 6 or to apply for such survey until the fixed period for survey expires, shall be suspended from the day following the date the relevant survey period expires until the relevant survey is passed. <Amended on Oct. 31, 2017> |
Article 17 (Prohibition on Navigation of Ship without Ship Survey Certificate) |
(1) | No one shall use a ship for navigation which does not carry a ship survey certificate under Article 8 (2), a temporary alteration certificate under Article 10 (3), a temporary navigation certificate under Article 11 (2), an international convention certificate under Article 12 (2) or a towing certificate under Article 43 (2) (hereinafter referred to as "ship survey certificate, etc.") or a ship of which the effect of a ship survey certificate, etc. has been suspended. <Amended on Dec. 29, 2009> |
(2) | No one shall use a ship for navigation in violation of the conditions related to the navigation entered in the ship survey certificate, etc. |
(3) | A shipowner who is granted a ship survey certificate, etc. shall keep the ship survey certificate, etc. (including a certificate in electronic form) in the ship: Provided, That small ships may keep their ship survey certificate, etc. in a place other than ships. <Newly Inserted on Dec. 29, 2009; Dec. 27, 2022> |
[Title Amended on Dec. 29, 2009]
CHAPTER III TYPE APPROVAL OF ARTICLES FOR SHIP USE OR SMALL SHIPS
Article 18 (Type Approval and Examination) |
(1) | When a person who intends to manufacture or import articles for ship use or small ships prescribed and publicly notified by the Minister of Oceans and Fisheries intends to undergo the examination for the relevant articles for ship use or small ships under the former part of paragraph (9), the person shall pre-obtain type approval (hereinafter referred to as "type approval") from the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(2) | A person who intends to obtain type approval under paragraph (1) shall undergo a type approval test: Provided, That where a person manufactures the articles for ship use, small ships, etc. which have passed a survey under the Industrial Standardization Act, the type approval test may be omitted, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(3) | The Minister of Oceans and Fisheries shall designate and publicly notify the laboratory in charge of the type approval test under paragraph (2) (hereinafter referred to as "type-approval testing laboratory"), as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(4) | Where a person who has obtained type approval intends to modify the details thereof, he or she shall obtain approval from the Minister of Oceans and Fisheries for such modification. In such cases, when the matters affecting the performance of articles for ship use and small ships are modified, he or she shall undergo the type approval test for the relevant modification under paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(5) | Where the Minister of Oceans and Fisheries grants type approval under paragraph (1) or approval for modification thereof under the latter part of paragraph (4), he or she shall issue a certificate of type approval as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 31, 2017> |
(6) | The term of validity of a certificate of type approval issued under paragraph (5) shall be five years from the date such certificate is issued. <Newly Inserted on Oct. 31, 2017> |
(7) | A person who intends to maintain type approval after its term of validity prescribed in paragraph (6) expires shall apply for the renewal of the certificate of type approval to the Minister of Oceans and Fisheries at least 30 days prior to the expiry of the period of validity. <Newly Inserted on Oct. 31, 2017> |
(8) | A person who has obtained type approval under paragraph (1) and the type-approval testing laboratory under paragraph (3) shall keep the articles for ship use in custody which have passed the type approval test. In such cases, the same shall also apply where an approval for modification has been obtained under paragraph (4). <Amended on Oct. 31, 2017> |
(9) | A person who has obtained type approval or approval for modification thereof under paragraph (1) or (4) shall undergo an examination for the relevant articles for ship use or small ships by the Minister of Oceans and Fisheries according to the standard of the examination prescribed and publicly notified by the Minister of Oceans and Fisheries. In such cases, the relevant articles for ship use (including articles for ship use that have obtained type approval from and passed the examination by the Minister of Oceans and Fisheries pursuant to Article 24 (1) of the Fishing Vessels Act by meeting the level which is equivalent to or higher than the standard prescribed by this Act) and small ships which have passed the examination shall be deemed to have passed the first survey performed out of the shipbuilding survey or ship survey. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(10) | The Minister of Oceans and Fisheries shall issue an examination certificate for the articles for ship use or small ships which have passed the examination and issue a mark of passing the examination on the relevant articles for ship use. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Feb. 18, 2020> |
(11) | Matters concerning the procedures for type approval, the procedures for renewal of a certificate of type approval, the guidance and supervision of a person who has obtained type approval and the type-approval testing laboratory, the scope of custody of articles for ship use, the form and issuance of the examination certificate under paragraphs (1) through (10) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, and the standard of the type approval test under paragraph (2) shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
Article 18-2 (Succession to Status of Persons Who Have Obtained Type Approval) |
(1) | Any of the following persons shall succeed to the status of a person who has obtained type approval of articles for ship use or small ships under Article 18 (1): |
1. | A transferee, where a business operator transfers his or her business; |
2. | An heir, where a business operator dies; |
3. | A corporation surviving or established after a merger, where a business operator that is a corporation merges with another corporation. |
(2) | A person who succeeds to the status of a person who has obtained type approval under paragraph (1) shall report such succession to the Minister of Oceans and Fisheries within one month from the date of the succession, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 27, 2022]
Article 19 (Revocation of Type Approval) |
(1) | When a person who has obtained type approval falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the type approval or suspend the validity thereof for a fixed period of up to six months: Provided, That in cases falling under subparagraph 1, the type approval shall be revoked: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 27, 2022> |
1. | When he or she has obtained type approval or approval for modification thereof by fraud or other improper means; |
2. | When he or she fails to undergo an examination or undergoes an examination by fraud or other improper means; |
2-2. | When he or she fails to obtain approval for modification of type approval; |
3. | When the articles for ship use or small ships manufactured or imported cease to meet the standard of ship's facilities under Article 26; |
4. | When he or she fails to manufacture or import the relevant articles for ship use or small ships for at least two consecutive years without good cause; |
5. | When he or she refuses to follow orders for the reporting and submission of data under Article 75. |
(2) | Where type approval is revoked under paragraph (1), passes in type approval tests conducted under Article 18 (2) and (4) shall also be revoked. <Newly Inserted on Dec. 27, 2022> |
(3) | When a type-approval testing laboratory under Article 18 (3) falls under any of the following cases, the Minister of Oceans and Fisheries may revoke its designation and suspend the validity thereof for a fixed period of up to six months: Provided, That in cases falling under subparagraphs 1 through 3, such designation shall be revoked: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 27, 2022> |
1. | When it has been designated by fraud or other improper means; |
2. | When it no longer performs affairs concerning tests; |
3. | When it ceases to meet the criteria for designation of a type-approval testing laboratory under Article 18 (3); |
4. | When it is deemed to lose public confidence in type approval tests due to an error, mistake, omission, etc.; |
5. | When it refuses to conduct type approval tests without good cause; |
6. | When it conducts a wrongful act or receives a fee unjustly in connection with a type approval test. |
(4) | Matters concerning the revocation of type approval and suspension of the validity thereof under paragraph (1), the revocation of passes in type approval tests under paragraph (2), the procedures for revoking the designation of a type-approval testing laboratory and for suspending the validity of such designation under paragraph (3), and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2022> |
Article 19-2 (Performance Surveys of Articles for Ship Use) |
(1) | When it is deemed necessary for the quality control of articles for ship use or small ships, the Minister of Oceans and Fisheries may conduct a survey of the performance of the articles for ship use or small ships for which type approval has been obtained and which undergone an examination. |
(2) | If the results of a performance survey under paragraph (1) suggest that articles for ship use or small ships are deemed to have a serious defect prescribed by Ordinance of the Ministry of Oceans and Fisheries, the Minister of Oceans and Fisheries may issue an order for recall, exchange, or disposal of, or suspension of the sale of, the articles for ship use or small ships to the relevant manufacturers or importers and may revoke their type approval or passes in type approval tests. |
(3) | When the Minister of Oceans and Fisheries issues an order for recall, exchange, disposal, or suspension of sale or revokes type approval pursuant to paragraph (2), he or she may publish such fact on the website, etc. of the Ministry of Oceans and Fisheries. |
(4) | Where necessary, the Minister of Oceans and Fisheries may entrust performance surveys conducted under paragraph (1) to a type-approval testing laboratory under Article 18 (3). |
(5) | The procedures and methods necessary for performance surveys, recall, exchange, disposal, or suspension of sale, the revocation of type approval, the publication thereof, and other matters under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 27, 2022]
Article 20 (Designation of Recognized Manufacturing (Maintenance) Factory) |
(1) | A person who manufactures or maintains articles for ship use or small ships prescribed and publicly notified by the Minister of Oceans and Fisheries may be designated for the relevant factory as a recognized manufacturing factory or a recognized maintenance factory (hereinafter referred to as "recognized manufacturing (maintenance) factory") by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
(2) | A person who intends to be designated as a recognized manufacturing (maintenance) factory under paragraph (1) shall obtain approval of the facilities and installations, standards for manufacture and maintenance, criteria for in-house survey, human resources, etc. from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply to the modification of the approved matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Feb. 18, 2020> |
(3) | Articles for ship use or small ships which have been manufactured or maintained in a recognized manufacturing (maintenance) factory designated by the Minister of Oceans and Fisheries under paragraph (1) and which have passed in-house survey standards under paragraph (2) shall be deemed to have passed the first survey performed out of the shipbuilding survey and ship survey: Provided, That the articles for ship use or small ships prescribed and publicly notified by the Minister of Oceans and Fisheries shall be deemed to have passed the same survey only where they have been directly verified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Feb. 18, 2020> |
(4) | A recognized manufacturing (maintenance) factory shall directly issue a certificate for the articles for ship use or small ships which have passed their own survey standard under paragraph (3); and shall issue a mark on the relevant articles for ship use indicating their passing of its own survey standard: Provided, That the Minister of Oceans and Fisheries shall issue a written verification for the articles for ship use or small ships to be directly verified by the Minister of Oceans and Fisheries under the proviso of paragraph (3); and shall issue a mark indicating the verification on the relevant articles for ship use. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
(5) | When the Minister of Oceans and Fisheries designates a recognized manufacturing (maintenance) factory under paragraph (1), he or she shall guide and supervise as to whether it conducts manufacturing and maintenance and is operated and managed according to the terms of the approval obtained under paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
(6) | Matters necessary for the procedure for designation of recognized manufacturing (maintenance) factories, procedure for verifying the suitability of recognized manufacturing (maintenance) factories, form and issuance of certificates and written verification and guidance and supervision, etc. on recognized manufacturing (maintenance) factories under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Feb. 18, 2020> |
[Title Amended on Jan. 6, 2015]
Article 21 (Revocation of Designation of Recognized Manufacturing (Maintenance) Factories) |
(1) | When a person designated as a recognized manufacturing (maintenance) factory falls under any of the following cases, the Minister of Oceans and Fisheries may revoke such designation or suspend the validity thereof for a fixed period of up to six months: Provided, That the designation shall be revoked when he or she falls under subparagraphs 1 and 2: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Feb. 18, 2020> |
1. | When he or she is designated for a recognized manufacturing (maintenance) factory by fraud or other improper means; |
2. | When the articles for ship use or small ships manufactured or maintained fail to meet the standards of ship's facilities under Article 26; |
3. | When he or she sells the articles for ship use, the term of validity of which has expired; |
4. | When he or she fails to manufacture or maintain the relevant articles for ship use or small ships for at least one year consecutively without good cause; |
5. | When the relevant factory fails to meet the criteria for designation under Article 20 (2); |
6. | When he or she receives the verification under the proviso of Article 20 (3) by improper means; |
7. | When he or she refuses to follow orders for the reporting and submission of data under Article 75. |
(2) | A person whose designation as a recognized manufacturing (maintenance) factory has been revoked under paragraph (1) shall not be designated as a recognized manufacturing (maintenance) factory for one year from the date of revocation of such designation. <Amended on Jan. 6, 2015> |
(3) | Matters necessary for the revocation of designation of a recognized manufacturing (maintenance) factory and the procedures therefor under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
[Title Amended on Jan. 6, 2015]
Article 22 (Preliminary Inspections) |
(1) | A person who intends to manufacture, convert, repair, maintain, or import articles for ship use or hull of small ships designated and publicly notified by the Minister of Oceans and Fisheries may undergo a survey (hereinafter referred to as "preliminary inspection") conducted by the Minister of Oceans and Fisheries pursuant to the standard prescribed and publicly notified by the Minister of Oceans and Fisheries before the articles for ship use are installed in a ship. In such cases, matters necessary for procedures for preliminary inspection shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(2) | A person who intends to undergo a preliminary inspection under paragraph (1) shall obtain approval from the Minister of Oceans and Fisheries on the drawings of the relevant articles for ship use or the hull of small ships, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, Article 13 (2) shall apply mutatis mutandis to a mark of approval of the drawings following a preliminary inspection. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(3) | The Minister of Oceans and Fisheries shall issue a Certificate of Articles for Ship Use prescribed by Ordinance of the Ministry of Oceans and Fisheries for the articles for ship use or the hulls of small ships which have passed a preliminary inspection under paragraph (1). In such cases, for the relevant articles for ship use, a mark indicating that they have passed such survey shall be issued separately. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(4) | The articles for ship use or hulls of small ships which have passed a preliminary inspection under paragraph (1) shall be deemed to have passed the first survey performed the shipbuilding survey or ship survey. |
(5) | Article 14 (1) shall apply mutatis mutandis to the arrangements for a preliminary inspection. In such cases, "shipbuilding survey and ship survey" in Article 14 (1) shall be construed as "preliminary inspection". |
CHAPTER IV TYPE APPROVAL OF CONTAINERS
Article 23 (Type Approval and Inspection of Containers) |
(1) | In cases of a container loaded on a ship and used for transport of cargo, a person who intends to manufacture a container, the area of the bottom of which is equal to or larger than that prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall obtain type approval (hereinafter referred to as "container type approval") from the Minister of Oceans and Fisheries. |
(2) | A person who intends to obtain container type approval under paragraph (1) shall undergo a type approval test conducted by a testing laboratory designated and publicly notified as prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as "container type-approval testing laboratory"). |
(3) | Where a person who has obtained container type approval under paragraphs (1) and (2) intends to modify the details thereof, the person shall obtain approval for the modification from the Minister of Oceans and Fisheries. In such cases, when the person modifies such matters affecting the performance of the relevant container as determined and publicly notified by the Minister of Oceans and Fisheries, he or she shall undergo a separate type approval test under paragraph (2) for the relevant modification. |
(4) | Where the Minister of Oceans and Fisheries grants container type approval under paragraph (1) or approval for modification under paragraph (3), he or she shall issue a certificate of type approval, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(5) | The term of validity of a certificate of container type approval under paragraph (4) shall be five years from the date such certificate is issued. |
(6) | A person who intends to maintain type approval after its term of validity under paragraph (5) expires shall file an application for the renewal of the certificate of container type approval with the Minister of Oceans and Fisheries from 15 days to three months prior to the expiry of the term or validity. |
(7) | A person who has obtained container type approval or approval for modification thereof under paragraphs (1) and (3) shall undergo an inspection (hereinafter referred to as "container inspection") conducted by the Minister of Oceans and Fisheries for the relevant container pursuant to the inspection standards determined and publicly notified by the Minister of Oceans and Fisheries. In such cases, the Minister of Oceans and Fisheries shall issue a Certificate of Inspection on Articles for Ship Use of Approved Type for a container which has passed the inspection. |
(8) | A container manufacturer shall affix a plate of safety type approval (hereinafter referred to as "CSC Safety Approval") indicating the container type approval to the container which has passed the container inspection under paragraph (7), and the Minister of Oceans and Fisheries shall issue a mark of confirmation on the CSC Safety Approval indicating the pass in the container inspection. |
(9) | A container owner shall remove a CSC Safety Approval without delay in any of the following cases: |
1. | Where a container is converted differently from the manner specified in the existing approved matters and the information on the CSC Safety Approval; |
3. | Where a safety checkup is not conducted under Article 24. |
(10) | Matters necessary for the procedures for container type approval and approval for modification thereof, the standards and procedures for designating a container type-approval testing laboratory, the standards for type approval tests, the procedures for renewing certificates of container type approval, and the guidance to and supervision over a person who has obtained container type approval and a container type-approval testing laboratory under paragraphs (1) through (9), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(11) | Neither shipowner nor captain of any ship shall load on the ship any container which has no CSC Safety Approval under paragraph (8) affixed thereto and use such container for transportation of cargoes. |
[This Article Wholly Amended on Dec. 27, 2022]
Article 23-2 (Succession to Status of Persons Who Have Obtained Container Type Approval) |
(1) | Any of the following persons shall succeed to the status of a person who has obtained container type approval under Article 23 (1): |
1. | A transferee, where a business operator transfers his or her business; |
2. | An heir, where a business operator dies; |
3. | A corporation surviving or established after a merger, where a business operator that is a corporation merges with another corporation. |
(2) | A person who succeeds to the status of a person who has obtained container type approval under paragraph (1) shall report such succession to the Minister of Oceans and Fisheries within one month from the date of the succession, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 27, 2022]
Article 23-3 (Revocation of Container Type Approval) |
(1) | When a person who has obtained container type approval under Article 23 (1) falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the container type approval or suspend the validity thereof for a fixed period of up to six months: Provided That in cases falling under subparagraph 1, the container type approval shall be revoked: |
1. | When he or she has obtained container type approval or approval for modification thereof by fraud or other improper means; |
2. | When he or she fails to undergo a container inspection or undergoes a container inspection by fraud or other improper means; |
3. | When he or she fails to obtain approval for modification of container type approval; |
4. | When he or she fails to manufacture containers for at least two consecutive years without good cause after obtaining container type approval or approval for modification thereof; |
5. | When containers for which container type approval is granted under Article 23 (1) cease to meet the standards for type approval tests specified in Article 23 (10); |
6. | When he or she refuses to comply with orders for reporting and submission of data under Article 75 without good cause. |
(2) | When a container type-approval testing laboratory falls under any of the following cases, the Minister of Oceans and Fisheries may revoke its designation or suspend the validity thereof for a fixed period of up to six months: Provided, That in cases falling under any of subparagraphs 1 through 3, the designation shall be revoked: |
1. | When it has been designated by fraud or other improper means; |
2. | When it no longer performs affairs regarding type approval tests; |
3. | When it ceases to meet the criteria for designation of a container type-approval testing laboratory; |
4. | When it is deemed to lose public confidence in type approval tests due to an error, mistake, omission, etc.; |
5. | When it refuses to conduct type approval tests without good cause; |
6. | When it conducts a wrongful act or receives a fee unjustly in connection with type approval tests. |
(3) | Where container type approval is revokeed under paragraph (1), passes in type approval tests under Article 23 (2) shall also be revoked. |
(4) | Matters necessary for the revocation of container type approval and the suspension of the validity thereof under paragraph (1), the revocation of designation of a container type-approval testing laboratory and the suspension of the validity thereof under paragraph (2), and the procedures for revoking passes in type approval tests under paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 27, 2022]
Article 23-4 (Performance Surveys of Containers) |
(1) | When it is deemed necessary for the quality control of container type approval, the Minister of Oceans and Fisheries may collect containers that are manufactured, imported, or used after container type approval thereof has been granted and may conduct a survey of such containers (hereinafter referred to as "performance survey"). |
(2) | If the results of a performance survey under paragraph (1) suggest that containers are deemed to have a serious defect prescribed by Ordinance of the Ministry of Oceans and Fisheries, the Minister of Oceans and Fisheries may issue an order for recall, exchange, or disposal of, or suspension of the sale of, such containers to the relevant manufacturers or importers and may revoke the container type approval or passes in type approval tests conducted under Article 23 (2). |
(3) | When the Minister of Oceans and Fisheries issues an order for recall, exchange, disposal, or suspension of sale or revokes container type approval pursuant to paragraph (2), he or she may publish such fact on the website, etc. of the Ministry of Oceans and Fisheries. |
(4) | Where necessary, the Minister of Oceans and Fisheries may entrust performance surveys conducted under paragraph (1) to a container type-approval testing laboratory under Article 23 (2). |
(5) | The procedures and methods necessary for performance surveys, recall, exchange, disposal, or suspension of sale, the revocation of container type approval, the publication thereof, and other matters under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 27, 2022]
Article 24 (Safety Checkup of Containers) |
(1) | A container owner shall obtain approval of his or her own safety checkup method from the Minister of Oceans and Fisheries and perform a safety checkup personally. In such cases, a container owner may have a container safety checkup business operator specified in Article 24-2 (1) perform it on his or her behalf. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2022> |
(2) | The Minister of Oceans and Fisheries shall re-examine the safety checkup method of which a container owner obtains approval under paragraph (1) every 10 years from the date of the approval and shall ensure the validity of such method. <Amended on Dec. 27, 2022> |
(3) | Where any modification is made in the safety checkup method approved under paragraph (1), a container owner shall obtain approval for such modification from the Minister of Oceans and Fisheries. <Amended on Dec. 27, 2022> |
(4) | Matters necessary for the standards and methods for safety checkups and procedures for approval of the safety checkup method under paragraph (1), the standards and procedures for re-examination of the safety checkup method under paragraph (2), and the procedures for approval for modification under paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Dec. 27, 2022> |
Article 24-2 (Registration of Safety Checkup Business Operators) |
(1) | A person who conducts a safety checkup by proxy under the latter part of Article 24 (1) or a person who conducts a container safety checkup in a domestic port on behalf of a foreign container owner in accordance with the International Convention for Safe Containers (hereinafter referred to as "container safety checkup business operator") shall file for registration with the Minister of Oceans and Fisheries. |
(2) | A person who intends to file for registration of a container safety checkup business operator under paragraph (1), he or she shall have human resources, facilities, equipment, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(3) | Where any modification is made in registered matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, a person who has filed for registration of a container safety checkup business operator under paragraph (1) shall file for registration of such modification with the Minister of Oceans and Fisheries. |
(4) | A container safety checkup business operator shall conduct a container safety checkup in accordance with the standards for container safety checkups determined and publicly notified by the Minister of Oceans and Fisheries and the International Convention for Safe Containers. |
(5) | Matters necessary for the registration of container safety checkup business operators, the procedures for registration of modification, and the guidance to and supervision over container safety checkup business operators, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 27, 2022]
Article 24-3 (Cancellation of Approval of, or Approval for Modification of, Safety Checkup Method) |
Where a container owner has obtained approval of, or approval for modification of, the safety checkup method under Article 24 (1) or (3) by fraud or other improper means, the Minister of Oceans and Fisheries shall revoke such approval or approval for modification. [This Article Newly Inserted on Dec. 27, 2022]
Article 24-4 (Cancellation of Registration and Suspension of Business) |
(1) | Where a container safety checkup business operator falls under any of the following cases, the Minister of Oceans and Fisheries may revoke his or her registration or order him or her to suspend all or part of the business for a fixed period of up to six months: Provided, That in cases falling under subparagraph 1 or 6, the registration shall be revoked: |
1. | Where he or she has been registered by fraud or other improper means; |
2. | Where he or she ceases to meet the standards for registration under Article 24-2 (2); |
3. | Where he or she fails to file for registration of any modification under Article 24-2 (3); |
4. | Where he or she fails to conduct a container safety checkup under Article 24-2 (4); |
5. | Where he or she has no records of conducting safety checkup business for at least two consecutive years without good cause; |
6. | Where he or she fails to comply with an order for the suspension of business and continues to conduct safety checkup business during the period of suspension. |
(2) | The standards and procedures for dispositions under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 27, 2022]
Article 25 (Prohibition of Use of Containers) |
(1) | No one shall load a ship with a container for which the safety checkup under Article 24 has not been performed, and use it for maritime cargo transport. <Amended on Feb. 18, 2020> |
(2) | Anyone who finds a container which may jeopardize human life and safety of a ship due to breakage, corrosion, crevice, deformation, etc. shall report it without delay to the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(3) | The Minister of Oceans and Fisheries may have a public official under his or her control verify whether a container brought into a port has a valid CSC Safety Approval, whether the structure, etc. of such container is in conformity with the International Convention for Safe Containers, and other matters and may take measures necessary therefor. <Newly Inserted on Dec. 27, 2022> |
(4) | When the Minister of Oceans and Fisheries finds, or receives a report on, a container specified in paragraph (2) or when a container that is found unsuitable based on the results of verification under paragraph (3) is identified, he or she may open the relevant container and repair it or take necessary safety measures, such as transfer of cargo loaded in the container or abandonment thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 27, 2022> |
(5) | The Minister of Oceans and Fisheries may claim from a container owner the expenses incurred in taking measures under paragraph (4). <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2022> |
(6) | Where a container owner under paragraph (5) is unknown or his or her whereabouts are unknown, the Minister of Oceans and Fisheries may publicly sell the relevant container and loaded cargo and appropriate the expenses incurred in taking measures under paragraph (4). In such cases, any balance of money remaining after appropriating expenses shall be deposited. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 27, 2022> |
(7) | Matters necessary for measures for safety of containers, procedures for claiming expenses, appropriation procedures, etc. under paragraphs (3) through (6) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 27, 2022> |
Article 25-2 (Establishment and Operation of Computer Networks) |
The Minister of Oceans and Fisheries may establish and operate a computer network to allow any person to peruse all or part of information regarding container type approval and approval for modification under Article 23 (1) and (3); approval of, and approval for modification of, the safety checkup method granted to container owners under Article 24 (1) and (3); registration of safety checkup business operators and registration of modification under Article 24-2 (1) and (3); and other matters. [This Article Newly Inserted on Dec. 27, 2022]
CHAPTER V STANDARDS OF SHIP’S FACILITIES
Article 26 (Standards of Ship's Facilities) |
The ship's facilities shall meet the standard of ship's facilities prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 27 (Marking of Load Lines) |
(1) | An owner of any of the following ships shall mark the load line pursuant to the standard prescribed and publicly notified by the Minister of Oceans and Fisheries: Provided, That a mark of load line may be omitted for a submarine and other ships prescribed by the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
1. | A ship on an international voyage; |
2. | A ship, the length of which (hereinafter referred to as "length of ship") measured by the method prescribed by Ordinance of the Ministry of Oceans and Fisheries is at least 12 meters; |
3. | Any of the following ships, the length of which is under 12 meters: |
(b) | A ship transporting dangerous goods loaded in bulk under Article 41. |
(2) | No one shall transport passengers or cargo exceeding the load line marked under paragraph (1). |
Article 28 (Maintenance of Stability) |
(1) | An owner of any of the following ships (including any person who occupies or uses such ship with the legitimate title of the relevant ship; hereafter in this Article the same shall apply) or the captain of the relevant ship shall maintain stability pursuant to the standards prescribed and publicly notified by the Minister of Oceans and Fisheries: Provided, That the same shall not apply to ships prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as tugboats, marine accident rescue boats, dredgers, and ships used for survey: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
2. | A ship, the length of which is at least 12 meters. |
(2) | A shipowner shall obtain approval from the Minister of Oceans and Fisheries for the stability information regarding suitability in connection with the stability of a ship under paragraph (1), and provide a captain of the relevant ship with the stability information approved. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(3) | When a computer program has been used for calculating stability for approval under paragraph (2), the calculation shall be in accordance with the method for calculating stability prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(4) | Matters necessary for the standard and procedure for approval related to stability under paragraphs (2) and (3), the stability information and the outline of writing computer programs for calculation of stability, etc. shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 29 (Radio Installations) |
(1) | An owner of any of the following ships shall be equipped with the necessary radio installations for executing world maritime distress and safety systems under the International Convention for Safety of Life at Sea. In such cases, the radio installations shall be suitable for the performance and standard under the Radio Waves Act: |
1. | A passenger ship on an international voyage; |
2. | A ship, the gross tonnage of which is at least 300 gross tonnage on an international voyage, other than a ship under subparagraph 1. |
(2) | Ships prescribed by Ordinance of the Ministry of Oceans and Fisheries, other than those specified under paragraph (1), shall be equipped with radio installations pursuant to the standard prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the radio installations shall be suitable for the performance and standard under the Radio Waves Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(3) | No one shall use a ship for navigation without being equipped with radio installations under paragraphs (1) and (2): Provided, That the same shall not apply where he or she uses a ship for navigation once with a temporary navigation certificate or performs a sea trial. |
Article 30 (Ship Location Transmitters) |
(1) | For securing the safe navigation of ships and for prompt tackling when any maritime accident occurs, each owner of a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries shall be equipped with a device which automatically transmits the location thereof (hereinafter referred to as "ship location transmitter") under the standards prescribed and publicly notified by the Minister of Oceans and Fisheries and operate it. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | When radio installations under Article 29 (1) or (2) have the function of a ship location transmitter, it shall be deemed to be equipped with the ship location transmitter. |
(3) | The captain of a ship may discontinue the operation of a ship location transmitter when determining that an appearance of pirates, sea robbers, etc. may cause threat to the safety of a ship. In such cases, the captain shall enter such situation in the log, etc. |
CHAPTER VI MEASURES FOR SAFE NAVIGATION
Article 31 (Captain's Authority) |
No person shall interfere with or intervene in a captain's expert judgment for the safety of the vessel.
Article 32 (Keeping for Nautical Publication) |
A shipowner shall keep a nautical publication prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as a marine chart and a tide table, in a ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>
Article 33 (Securing Visibility of Navigation Bridge) |
(1) | With respect to relevant navigation bridge, a shipowner shall take necessary measures for securing sufficient visibility pursuant to the standard prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | A shipowner shall install a communication system pursuant to the standard prescribed and publicly notified by the Minister of Oceans and Fisheries between the navigation bridge of the relevant ship and the place where the steering gear has been installed. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
Article 34 (Confirmation of Cargo Handling Appliances) |
(1) | A shipowner equipped with cargo gear and loose gear (hereinafter referred to as "cargo handling appliances") shall obtain confirmation from the Minister of Oceans and Fisheries on the matters of limited loads, limited angle, and limited radius (hereinafter referred to as "limited load, etc.") pursuant to the standard prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | When the Minister of Oceans and Fisheries confirms limited load, etc. under paragraph (1), he or she shall issue a written confirmation of limited loads, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(3) | A shipowner who has obtained the confirmation under paragraph (1) shall mark the matters of limited loads, etc. confirmed, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, on the relevant cargo handling appliances. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(4) | A shipowner who has obtained the confirmation under paragraph (1) shall not use the cargo handling appliances in violation of the matters of limited loads, etc. confirmed. |
Article 35 (Cargo Handling Appliances Survey Record and Keeping on File) |
(1) | When the Minister of Oceans and Fisheries conducts a special survey or intermediate survey for cargo handling appliances, he or she shall draw up the cargo handling appliances survey record and enter the details thereof in it, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | A shipowner shall keep documents prescribed by Ordinance of the Ministry of Oceans and Fisheries relating to the survey for the cargo handling appliances in a ship, such as the loading and unloading survey record, etc. under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
Article 36 (Providing Cargo Information) |
(1) | To ensure safe loading and transporting of cargo, a consignor shall provide the captain of the relevant ship with the information on the cargo prior to loading the ship with the relevant cargo. <Amended on Feb. 18, 2020> |
(2) | Where a consignor who intends to transport his or her cargo loaded in a container to a foreign country provides the captain of the relevant ship with the information on the cargo pursuant to paragraph (1), the consignor shall also provide the verified information on the gross weight of the cargo according to the method prescribed by the Ordinance of the Ministry of Oceans and Fisheries. In such cases, if requested by the captain, the consignor shall provide the verified information on the gross weight of the cargo also to the harbor facility operator or the lessee referred to in Article 41 (1) of the Harbor Act in addition to the captain. <Amended on Jan. 29, 2020; Feb. 18, 2020> |
(3) | The captain of a ship may refuse to load a cargo where no information thereon is provided as prescribed in paragraph (1) or (2). |
(4) | The types of cargoes for which the information is to be provided and the details of information to be provided for each cargo under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Wholly Amended on Oct. 31, 2017]
Article 37 (Providing Measuring Instruments of Poisonous Gas Concentration) |
Where a shipowner transports cargo loaded in bulk which may generate poisonous gases or cause a lack of oxygen, the shipowner shall provide the captain with instruments which may measure the concentration of poisonous gases or oxygen, and their operating manuals, as prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 38 (Safety Measures following Use of Disinfectants) |
When a captain uses disinfectants, such as insecticides, for disinfecting a ship, he or she shall take safety measures, as prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 39 (Method of Loading and Lashing of Cargo) |
(1) | A shipowner shall prepare his or her own cargo securing manual which prescribes the method of loading and lashing of cargo prior to loading and lashing a ship with cargo, and obtain approval from the Minister of Oceans and Fisheries on the manual, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | When a shipowner loads and lashes the cargo, cargo unit (referring to the implements for transport not attached to a ship, such as vehicles, tank lorries, etc.) and cargo loaded in cargo unit, he or she shall comply with the cargo securing manual approved under paragraph (1). <Amended on Feb. 18, 2020> |
(3) | When a shipowner loads a transporting ship of vehicle, etc. (referring to a ship with a deck installed for loading and transport of vehicles, etc. used for land transport) with vehicle and cargo, etc., he or she shall comply with the cargo securing manual approved under paragraph (1) and take necessary measures for safety, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(4) | When a shipowner receives and loads a container with cargo, he or she shall comply with the cargo securing manual approved under paragraph (1), but shall not receive and load the cargo exceeding the maximum gross weight marked on its CSC Safety Approval. <Amended on Dec. 27, 2022> |
(5) | Matters necessary for methods of loading and lashing of cargo under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
Article 40 (Transport of Bulk Cargo) |
(1) | A shipowner shall provide the captain of the relevant ship with information on the stability of the ship, the nature and loading method of the cargo, prior to transporting the bulk cargo. <Amended on Feb. 18, 2020> |
(2) | A shipowner who intends to transport bulk cargo shall take necessary safety measures. |
(3) | Matters necessary for the stability of the ship, the contents of nature and loading method of the cargo, and the safety measures, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 41 (Transportation of Dangerous Goods) |
(1) | A person who intends to load, transport, or store dangerous goods by ship shall load, transport, or store them under the method suitable for the prevention of danger in navigation and the safety of human life. |
(2) | A person who intends to load, transport, or store the dangerous goods under paragraph (1) shall undergo a survey by, or obtain approval from, the Minister of Oceans and Fisheries on the suitability of the method. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(3) | Matters necessary for types of dangerous goods, their containers and packing, methods of loading, transport, and storage, examination or approval, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(4) | Notwithstanding paragraphs (1) through (3), the standard of facilities, etc. of a ship transporting radioactive substances and a ship transporting dangerous goods in liquid form loaded in bulk shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
Article 41-2 (Education on Safe Transport of Dangerous Goods) |
(1) | Any person who is engaged in producing, transporting and loading dangerous goods by ship (hereinafter referred to as "person handling dangerous goods") shall receive education provided by the Minister of Oceans and Fisheries on safe transport of dangerous goods. <Amended on Mar. 23, 2013> |
(2) | The Minister of Oceans and Fisheries may designate an education institution specializing in education on safe transport of dangerous goods (hereinafter referred to as "professional education institution of safe transport of dangerous goods") and require the education institution to conduct education for persons handling dangerous goods to efficiently provide education to persons handling dangerous goods. <Amended on Mar. 23, 2013> |
(3) | Any person who intends to be designated as a professional education institution of safe transport of dangerous goods under paragraph (2) shall have facilities, equipment, human resources, etc. that satisfy the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
(4) | If a professional education institution of safe transport of dangerous goods falls under any of the following cases, the Minister of Oceans and Fisheries may revoke designation or suspend all or some services by up to six months: Provided, That if it falls under subparagraph 1, the designation as a professional education institution of safe transport of dangerous goods shall be revoked: <Amended on Mar. 23, 2013> |
1. | Where the professional education institution of safe transport of dangerous goods was designated by fraud or other improper means; |
2. | Where a professional education institution of safe transport of dangerous goods falls short of the criteria for designation as referred to in paragraph (3). |
(5) | Detailed matters on disposition under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
(6) | Matters necessary for specific scope, content, etc. of education for persons handling dangerous goods who are required to receive education on safe transport of dangerous goods under paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Apr. 15, 2010]
Article 42 (Enhanced Survey on Oil Tankers) |
(1) | A shipowner of an oil tanker, bulk carrier or transporting ship of dangerous goods in bulk (excluding a transporting ship of liquefied gas in bulk) shall undergo a survey (hereinafter referred to as "enhanced survey") by the Minister of Oceans and Fisheries for matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as confirmation of thickness of the material composing the hull structure, other than a shipbuilding survey and a ship survey: Provided, That the same shall not apply to a ship prescribed by Ordinance of the Ministry of Oceans and Fisheries as a ship not placed on international navigation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | The Minister of Oceans and Fisheries shall indicate the survey results on the ship survey certificate under Article 8 (2) for the oil tanker, etc. which has passed the enhanced survey. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(3) | Methods of, and procedures for, enhanced surveys under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 43 (Towing Surveys for Tugboats) |
(1) | When a shipowner of a tugboat intends to tow a barge, a structure, etc., he or she shall undergo a survey (hereinafter referred to as "towing survey") by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(2) | The Minister of Oceans and Fisheries shall issue a towing certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries for a tugboat which has passed the towing survey. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(3) | A shipowner of a tugboat shall keep a towing certificate under paragraph (2) in the relevant tugboat. <Amended on Feb. 18, 2020> |
(4) | Article 15 (1) and (2) shall apply mutatis mutandis to a tugboat undergone a towing survey under paragraph (1). In such cases, "shipbuilding survey or ship survey" shall be construed as "towing survey." <Amended on Aug. 20, 2019> |
Article 44 (Prohibition of Use of Highly Inflammable Fuel Oil) |
No one shall use fuel oil, lubricating oil, etc., the inflammable point of which is below 60 degrees Celsius, in a ship, unless the ship is equipped with facilities prescribed and publicly notified by the Minister of Oceans and Fisheries, such as facilities preventing fire and explosion. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>
Article 45 Deleted. <Dec. 31, 2018> |
Article 46 Deleted. <Dec. 31, 2018> |
Article 47 Deleted. <Feb. 6, 2009> |
Article 48 Deleted. <Dec. 31, 2018> |
Article 49 Deleted. <Feb. 6, 2009> |
Article 50 Deleted. <Dec. 31, 2018> |
Article 51 Deleted. <Feb. 6, 2009> |
Article 52 Deleted. <Feb. 6, 2009> |
Article 53 Deleted. <Feb. 6, 2009> |
Article 54 Deleted. <Dec. 31, 2018> |
Article 55 Deleted. <Dec. 31, 2018> |
Article 56 Deleted. <Dec. 31, 2018> |
Article 57 Deleted. <Feb. 6, 2009> |
Article 58 Deleted. <Dec. 31, 2018> |
Article 58-2 Deleted. <Dec. 31, 2018> |
Article 58-3 Deleted. <Dec. 31, 2018> |
Article 59 Deleted. <Dec. 31, 2018> |
CHAPTER VIII DELEGATION FOR SURVEY AFFAIRS
Article 60 (Delegation for Survey Affairs) |
(1) | The Minister of Oceans and Fisheries may have the Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act (hereinafter referred to as the “Authority”) perform the following affairs concerning shipbuilding surveys, ship surveys, approval of drawings, etc. (hereinafter referred to as "affairs of survey, etc."), on his or her behalf. In such cases, the Minister of Oceans and Fisheries shall enter into an agreement with the Authority, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Dec. 31, 2018; Feb. 18, 2020> |
1. | Shipbuilding surveys, issuance of shipbuilding survey certificates, and special shipbuilding surveys under Article 7 (1), (2), and (4); |
2. | Special surveys and issuance of ship survey certificates under Article 8 (1) and (2); |
4. | Occasional surveys and issuance of temporary alteration certificates under Article 10 (1) and (3); |
5. | Temporary navigation surveys and issuance of temporary navigation certificates under Article 11 (1) and (2); |
6. | International convention surveys and issuance international convention certificates under Article 12 (1), (2), and (4); |
7. | Approval of drawings and marks of approval under Article 13 (1) and (2); |
8. | Deleted; <Oct. 31, 2017> |
9. | Extending the term of validity of ship survey certificates and international convention certificates under Article 16 (2); |
10. | Examining articles for ship use or small ships, issuing examination certificates, and marks of passing examination under Article 18 (9) and (10); |
11. | Verifying articles for ship use or small ships, issuing written verification, and marks of verification under the provisos to Article 20 (3) and (4); |
12. | Preliminary inspections, approval of drawings and marks of approval, issuance of Certificate of Articles for Ship Use, and marks of passing preliminary inspections under Article 22 (1) through (3); |
13. | Approval of stability information under Article 28 (2) and (3); |
14. | Confirming limited loads, etc. and issuance of written confirmations of limited loads, etc. under Article 34 (1) and (2); |
15. | Preparing and entering the details of inspection registers of cargo handling appliances under Article 35 (1); |
16. | Approval of cargo securing manual under Article 39 (1); |
18. | Towing surveys and issuance of towing certificates under Article 43 (1) and (2). |
(2) | The Minister of Oceans and Fisheries may have a corporation (hereinafter referred to as "classification society") which performs the affairs of registration of ships and of evaluation concerning the seaworthiness (hereinafter referred to as "classification affairs") for purchasing and maintaining hull insurance as a domestic or foreign corporation that meets the criteria prescribed and publicly notified by the Minister of Oceans and Fisheries, perform the affairs of survey, etc. under the subparagraphs of paragraph (1) for the ships only registered or to be registered on the register (hereinafter referred to as "classification-registered ships") administered by the relevant classification society. In such cases, the Minister of Oceans and Fisheries shall enter into an agreement with the classification society, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(3) | The term of agreements under the latter part of paragraph (1), with the exception of the subparagraphs, and the latter part of paragraph (2) shall be within five years and may be extended, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(4) | When the Authority and classification society perform affairs of survey, etc. on behalf of the Minister of Oceans and Fisheries under paragraphs (1) and (2), they shall formulate their own regulations of survey related to the delegation and obtain approval from the Minister of Oceans and Fisheries on them. This shall also apply to the modification of approved matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
Article 61 (Measures According to Frustration of Delegated Affairs) |
When it is recognized that a frustration occurs or is apprehended to occur in performance of the delegation for the affairs of survey, etc. by the Authority and the classification society under Article 60 (1) and (2), the Minister of Oceans and Fisheries may directly perform the affairs or have a person designated by him or her perform the affairs on his or her behalf. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>
Article 62 (Supervision on Delegated Affairs) |
(1) | When the Authority and the classification society violate any agreement under the latter part of Article 60 (1), with the exception of its subparagraphs, and the latter part of Article 60 (2), the Minister of Oceans and Fisheries may revoke or suspend the delegation for the relevant affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(2) | Matters necessary for the requirements for revoking or suspending the delegation under paragraph (1) shall be prescribed by Presidential Decree. |
(3) | Matters necessary for the guidance, supervision, etc. of the Authority and the classification society relating to performing the delegation for the affairs of survey, etc. under Article 60 (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 31, 2017> |
Article 63 Deleted. <Oct. 31, 2017> |
Article 64 (Delegation for Container Inspection) |
(1) | The Minister of Oceans and Fisheries may have an agency determined and publicly notified by him or her (hereinafter referred to as "agency for inspection, etc. of containers"), as a person meeting the criteria for designation determined and publicly notified by him or her, perform the following affairs on his or her behalf: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2022> |
2. | Issuance of marks of confirmation on a CSC Safety Approval under Article 23 (8). |
(2) | Matters concerning the delegation and revocation of delegation of an agency for inspection, etc. of containers under paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for guidance and supervision of an agency for inspection, etc. of containers shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 65 (Delegation for Inspection and Approval Related to Dangerous Goods) |
(1) | The Minister of Oceans and Fisheries may have an agency prescribed and publicly notified by him or her (hereinafter referred to as "agency for inspection, etc. of dangerous goods"), as a person suitable for the criteria for designation prescribed and publicly notified by him or her, conduct an inspection of and grant approval for the loading, transport, storage, etc. of dangerous goods under Article 41 (2) on his or her behalf. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(2) | Matters concerning the delegation and revocation of delegation of an agency for inspection, etc. of dangerous goods under paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for guidance and supervision of an agency for inspection, etc. of dangerous goods shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 66 (Recognition of Surveys Conducted by Foreign Governments) |
(1) | Where the provisions of the statutes or regulations related to the safety of ships in force in the relevant country to which a foreign ship belongs are equivalent to the standards of international conventions or this Act or higher than that, the affairs of survey, etc. on the relevant foreign ship conducted by the relevant foreign government or an agency (hereinafter referred to as "foreign government, etc.") designated by the foreign government shall be deemed the affairs of survey, etc. under this Act. <Amended on Oct. 31, 2017> |
(2) | Certificates issued by foreign governments, etc. after having performed affairs of survey, etc. under paragraph (1) shall be deemed to have validity equivalent to a certificate issued under this Act: Provided, That the same shall not apply to certificates issued by a foreign country, etc. which does not recognize the validity of a certificate issued under this Act. |
Article 67 (Liability of Compensation of Survey Agency) |
(1) | When the Authority, a classification society, an agency for inspection, etc. of containers, and an agency for inspection, etc. of dangerous goods (hereinafter referred to as "survey agency") cause damage to a third party illegally in performing the relevant delegated affairs, the State shall compensate the third party for such damage. <Amended on Feb. 18, 2020> |
(2) | With respect to the compensation for damage under paragraph (1), the State may claim the relevant survey agency for indemnification when there is an intention or gross negligence by the survey agency. <Amended on Feb. 18, 2020> |
(3) | The claim for indemnification against a survey agency under paragraph (2) shall be limited to the amount prescribed by Presidential Decree: Provided, That no limit of claim amount shall apply to any damage caused by a reckless act or omission knowing the intention of the survey agency or acknowledging worries about the occurrence of the damage. <Amended on Oct. 31, 2017> |
CHAPTER IX PORT STATE CONTROL
Article 68 (Port State Control) |
(1) | The Minister of Oceans and Fisheries may ascertain whether the structure, facilities, methods of transporting cargoes, ship navigation knowledge, etc. of the crew of a foreign ship are suitable for the international conventions concerning the safety of ships prescribed by Presidential Decree and take necessary measures therefor (hereinafter referred to as "port State control"). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(2) | Where exercising the port State control under paragraph (1), the Minister of Oceans and Fisheries may have public officials under his or her direct control aboard a foreign ship entering or scheduled to enter any port of the Republic of Korea perform it. In such cases, the navigation of the relevant ship shall not be unduly delayed. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(3) | As a result of the port State control under paragraph (1), when it is recognized that the structure, facilities, methods of transporting cargoes, ship navigation knowledge, etc. of the crew of a foreign ship fail to meet the standards of the international conventions under paragraph (1), the Minister of Oceans and Fisheries may issue an order to take necessary corrective measures to the relevant ship, such as repair, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(4) | As a result of the port State control under paragraph (1), when it is determined that defects related to the structure, facilities, methods of transporting cargoes, ship navigation knowledge, etc. of the crew of a ship are apprehended to cause substantial danger to the relevant ship or the persons aboard the ship, the Minister of Oceans and Fisheries may order a detention on such ship. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(5) | Where a shipowner of a foreign ship is dissatisfied with an order for corrective measures or an order for detention under paragraphs (3) and (4), the shipowner may file an objection with the Minister of Oceans and Fisheries with the reasons of dissatisfaction entered therein within 90 days from the date he or she has received the relevant orders. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(6) | Upon receipt of an objection under paragraph (5), the Minister of Oceans and Fisheries shall have public officials under his or her control directly investigate whether the relevant order for corrective measures or the order for detention is illegal or unjust; and shall notify the applicant of the result thereof within 60 days: Provided, That in unavoidable circumstances, the deadline of notification may be extended by up to 30 days. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(7) | A person dissatisfied with an order for corrective measures or an order for detention shall not commence administrative litigation without following the procedure for filing an objection under paragraphs (5) and (6): Provided, That the same shall not apply where he or she falls under Article 18 (2) and (3) of the Administrative Litigation Act. <Amended on Feb. 18, 2020> |
(8) | Matters necessary for measures for a foreign ship and filing objections under paragraphs (3) through (7) shall be prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
Article 69 (Foreign Port State Control) |
(1) | A shipowner shall conform to the related provisions of international conventions so as not to be pointed out the defects of a ship by the port State control of a foreign port State authority. |
(2) | Where a ship of the Republic of Korea which has received a disposition of detention by the port State control of a foreign port State authority enters a port of Korea, the Minister of Oceans and Fisheries may inspect (hereinafter referred to as "additional inspection") the structure, facilities, etc. of the relevant ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where necessary, such as where a foreign government requests verification, an additional inspection may be performed in a foreign country. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(3) | Where measures to prevent detention at a foreign port are deemed necessary for the following ships of the Republic of Korea, the Minister of Oceans and Fisheries may perform an additional inspection on the structure, facilities, etc. of the related ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
1. | A bulk carrier and a ship transporting dangerous goods, the age of which exceeds 15 years; |
2. | Other ships prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(4) | Where deemed necessary for securing the safety of a ship as a result of an additional inspection under paragraphs (2) and (3), the Minister of Oceans and Fisheries may issue an order of suspension of navigation or an order of correction and supplement to a shipowner of the relevant ship, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
For a ship of the Republic of Korea which has received an order of detention by the port State control of a foreign port State authority, the Minister of Oceans and Fisheries may publish the name of such ship, its gross tonnage, the fact of detention, etc. of the relevant ship, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>
CHAPTER X ADDITIONAL SURVEYS
Article 71 (Additional Surveys) |
(1) | Where a terrible marine accident arises or similar accidents have arisen continuously due to any defect of structure, facilities, etc. of ships, the Minister of Oceans and Fisheries may conduct a survey (hereinafter referred to as "additional survey") for the structure, facilities, etc. of the related ships, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(2) | Where the Minister of Oceans and Fisheries intends to conduct an additional survey under paragraph (1), he or she shall publicly announce necessary matters, such as the scope of ships subject to an additional survey and matters of arrangements of a shipowner, 30 days prior to the additional survey; and shall directly notify the relevant shipowner thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(3) | Where deemed necessary for securing the safety of a ship as a result of an additional survey under paragraph (1), the Minister of Oceans and Fisheries may issue an order to suspend navigation or an order to correct and supplement to an owner of the relevant ship, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(4) | Article 15 (1) and (2) and Article 16 (3) shall apply mutatis mutandis to a ship that has undergone an additional survey under paragraph (1). In such cases, "ship survey" in Article 15 (1) and (2) and "intermediate survey and occasional survey under Article 10 (1) 6" in Article 16 (3) shall be construed as "additional survey", respectively. <Amended on Oct. 31, 2017; Aug. 20, 2019> |
Article 72 (Reinspection) |
(1) | When a person who has undergone an survey, examination, and verification of the survey agency under Articles 60 (1) and (2) (including where the Minister of Oceans and Fisheries directly performs the survey or a person designated by him or her performs the survey on his or her behalf under Article 61), 64 (1), and 65 (1) is dissatisfied with the result thereof, the person may apply for re-survey, re-examination, and re-verification with the Minister of Oceans and Fisheries with the grounds for such application within 90 days from the date the person has been notified of the result thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Feb. 18, 2020> |
(2) | Upon receipt of an application for re-survey, re-examination, and re-verification under paragraph (1), the Minister of Oceans and Fisheries shall have public officials under his or her control directly perform the re-survey, etc.; and shall notify the applicant of the result thereof within 60 days: Provided, That where there is any unavoidable cause, the deadline of notification may be extended by up to 30 days. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(3) | A person dissatisfied with a survey, examination, and verification by a survey agency shall not commence administrative litigation without undergoing the procedures for re-survey, re-examination, and re-verification under paragraphs (1) and (2): Provided, That in cases falling under Article 18 (2) and (3) of the Administrative Litigation Act, the same shall not apply. <Amended on Feb. 18, 2020> |
CHAPTER XI SUPPLEMENTARY PROVISIONS
Article 73 (Ship Surveys of Classification Societies) |
A classification-registered ship shall be deemed to have undergone a ship survey under this Act for only the ship's facilities and load line prescribed by Ordinance of the Ministry of Oceans and Fisheries and to have passed such ship survey. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>
Article 74 (Verification following Report of Defects) |
(1) | When anyone has discovered any defect in seaworthiness and safety facilities of a ship, he or she shall report the details of such defects to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Feb. 18, 2020> |
(2) | When the Minister of Oceans and Fisheries has been reported under paragraph (1), he or she shall have the public officials under his or her control verify the fact thereof without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(3) | Where the continuous use of the ship for navigation is deemed to apprehend to cause danger to the relevant ship and the persons aboard the ship because the contents of the defects are serious as a result of verification under paragraph (2), the Minister of Oceans and Fisheries may order detention until the relevant defects are rectified, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(4) | No one shall inform others of personal information of any person who has reported under paragraph (1) or the facts by which he or she is known as a reporting person, disclose them to the public, or report them. |
Article 75 (Order for Report and Submission of Data) |
(1) | In any of the following cases, the Minister of Oceans and Fisheries may order a shipowner, a designated thickness measuring company; a person who has obtained type approval under Article 18 (1); a type-approval testing laboratory under Article 18 (3); a person designated as a recognized manufacturing (maintenance) factory under Article 20 (1); a person who has undergone a preliminary inspection under Article 22 (1); a person who has obtained container type approval under Article 23 (1); a container owner under Article 24 (1); a container safety checkup business operator under Article 24-2 (1); a consignor or the captain of a ship under Article 36 (2); a harbor facility operator or a lessee under Article 41 (1) of the Harbor Act; the Authority; the classification society; an agency for inspection, etc. of containers; an agency for inspection, etc. of dangerous goods (hereafter in this Article, referred to as "shipowner, etc."), to make necessary reports, or submit necessary data: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Oct. 31, 2017; Jan. 29, 2020; Dec. 27, 2022> |
1. | Where it is necessary in connection with guidance and supervision under Articles 14 (7), 18 (11), 20 (5), 23 (10), 24-2 (5), 64 (2), and 65 (2); |
1-2. | Where it is necessary for container type approval under Article 23 (1); |
1-3. | Where it is necessary for approving and applying the container safety checkup method under Article 24 (1); |
1-4. | Where it is necessary for performing affairs related to the registration of container safety checkup business operators under Article 24-2 (1); |
2. | Where it is necessary in connection with facilities for seaworthiness of ships and safety of human life, and measures to prevent danger at sea; |
3. | Where it is necessary in connection with supervision under Article 60 (1) and (2). |
(2) | When deemed impracticable to attain the objectives of the subparagraphs of paragraph (1) as a result of the review of the contents of report and the contents of data submitted under paragraph (1), the Minister of Oceans and Fisheries may have the public officials under his or her control directly access the relevant ship or place of business to inspect books, documents, and facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(3) | Where the Minister of Oceans and Fisheries conducts inspection under paragraph (2), he or she shall notify a shipowner, etc. of the inspection plan including inspector, date, time, reasons, details, etc. of inspection, seven days prior to such inspection: Provided, That where it is urgently requested according to the navigation itinerary, etc. of a ship or it is deemed difficult to attain the objectives of the subparagraphs of paragraph (1) due to the destruction of evidence, etc. in cases of prior notification, the same shall not apply. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(4) | A public official who performs an inspection under paragraph (2) shall carry a certificate evidencing his or her authority and produce it to interested parties, and give a document indicating the name, time of access, purpose of access, etc. to interested parties when accessing the relevant ship or place of business. |
(5) | When it is deemed that this Act or an order issued under this Act has been violated, as a result of inspection of a ship or a place of business under paragraph (2), the Minister of Oceans and Fisheries may order the suspension of navigation or make a disposition related to the repair and supplement for the relevant ship or place of business, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(6) | Where the Minister of Oceans and Fisheries has ordered the suspension of navigation, etc. under paragraph (5), he or she shall release the order as soon as the grounds for such order are solved. <Amended on Feb. 18, 2020> |
(7) | In addition to the reports referred to in paragraph (1), a survey agency shall report its performance of delegated business to the Minister of Oceans and Fisheries for each period prescribed and publicly notified by the Minister of Oceans and Fisheries. <Newly Inserted on Oct. 31, 2017> |
Article 76 (Ship Survey Officers) |
Where necessary, the Minister of Oceans and Fisheries may appoint a person who has qualifications prescribed by Ordinance of the Ministry of Oceans and Fisheries from among public officials under his or her control as a ship survey officer, and have him or her perform the following affairs: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Dec. 27, 2022>
1. | Affairs concerning shipbuilding surveys, special surveys, intermediate surveys, occasional surveys, temporary navigation surveys, international convention surveys, surveys of the suitability of loading methods of dangerous goods under Article 41 (2), enhanced surveys, towing surveys, additional inspections, additional surveys, and re-surveys, re-examinations, and re-verifications under Article 72 (2); |
2. | Affairs concerning examination of articles for ship use or small ships under Article 18 (9), verification of articles for ship use or small ships under the proviso of Article 20 (3), container inspections under Article 23 (7), and verification under Article 25 (3); |
3. | Affairs concerning direct performance according to frustration of delegated affairs under Article 61; |
4. | Affairs concerning the port State control under Article 68; |
5. | Affairs concerning verifying the fact of defect reports under Article 74 (2); |
6. | Affairs concerning accessing and inspecting ships or places of business under Article 75 (2). |
Article 76-2 (Restriction on Employment of Ship Survey Officers) |
Notwithstanding Article 17 of the Public Service Ethics Act, a public official who has experience as a ship survey officer for five years immediately before his or her retirement shall not be a ship surveyor unless two years pass after the date of retirement. <Amended on Feb. 18, 2020> [This Article Newly Inserted on Jan. 6, 2015]
Article 77 (Ship Surveyors) |
(1) | The Authority and the classification society performing delegated affairs under Article 60 (1) and (2) may employ a ship surveyor who performs the relevant delegated affairs directly. <Amended on Dec. 29, 2009> |
(2) | Matters necessary for the eligibility, job responsibilities, etc. of ship surveyors under (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Dec. 29, 2009; Mar. 23, 2013> |
(3) | When a ship surveyor violates this Act or any order issued under this Act in performing any of his or her duties, the Minister of Oceans and Fisheries may request the Authority or the classification society to dismiss him or her or to suspend his or her duties for a fixed period of up to one year. <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013; Feb. 18, 2020> |
(4) | When the Authority or the classification society is requested to dismiss a ship surveyor or suspend his or her duties under paragraph (3), it shall take the measures for the relevant ship surveyor without delay and inform the Minister of Oceans and Fisheries of the result thereof. <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013; Feb. 18, 2020> |
Article 77-2 (Dangerous Goods Inspectors) |
(1) | An agency for inspection, etc. of dangerous goods that performs affairs delegated under Article 65 (1) may have dangerous goods inspectors perform such affairs directly. |
(2) | Qualification requirements for, and duties of the dangerous goods inspectors under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
(3) | If a dangerous goods inspector violates this Act or an order issued under this Act in the course of performing his or her duties, the Minister of Oceans and Fisheries may request that the relevant agency for inspection, etc. of dangerous goods dismiss the dangerous goods inspector or suspend the performance of his or her duties for a specified period not exceeding one year. |
(4) | Upon receipt of a request for dismissal or suspension of performance of duties under paragraph (3), an agency for inspection, etc. of dangerous goods shall, without delay, take action against the relevant dangerous goods inspector and report the results thereof to the Minister of Oceans and Fisheries. |
[This Article Newly Inserted on Aug. 20, 2019]
Where the Minister of Oceans and Fisheries intends to take any of the following dispositions, he or she shall hold a hearing, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Aug. 20, 2019; Dec. 27, 2022>
1. | Revoking the designation, or suspending the business, of a designated thickness measuring company under Article 14 (5); |
2. | Revoking the type approval of articles for ship use that have obtained type approval, or suspending the validity thereof under Article 19 (1) or 19-2 (2); |
3. | Revoking the designation of a type-approval testing laboratory, or suspending the validity thereof under Article 19 (3); |
4. | Revoking the designation of a recognized manufacturing (maintenance) factory, or suspending the validity thereof under Article 21 (1); |
5. | Revoking container type approval or suspending the validity thereof under Article 23-3 (1); |
5-2. | Ordering recall, exchange, disposal, or suspension of sale of, containers and revoking container type approval under Article 23-4 (2); |
5-3. | Revoking approval of the safety checkup method granted to container owners under Article 24-3, and revoking registration of container safety checkup business operators or suspending business under Article 24-4 (1); |
6. | Revoking the designation of a professional education institution of safe transport of dangerous goods, or suspending services of the institution under Article 41-2 (4); |
7. | Revoking or suspending delegation to the Authority and a classification society under Article 62 (1); |
8. | Revoking or suspending delegation of an agency for inspection, etc. of containers under Article 64 (2); |
9. | Revoking or suspending delegation of an agency for inspection, etc. of dangerous goods under Article 65 (2); |
10. | Requesting to dismiss a ship surveyor or to suspend his or her duties under Article 77 (3); |
11. | Requesting to dismiss a dangerous goods inspector or suspend performance of his or her duties under Article 77-2 (3). |
[This Article Wholly Amended on Oct. 31, 2017]
Article 79 (Investigations and Research) |
The Minister of Oceans and Fisheries may conduct necessary investigation and research for effectively performing affairs concerning international conventions related to the seaworthiness of ships and securing the safety of human life and the safety of ships. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(1) | Any of the following persons shall pay the Minister of Oceans and Fisheries a fee, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where a survey agency performs the affairs of survey, verification, examination, approval, etc. under this Act on behalf of the Minister of Oceans and Fisheries, such person shall pay the relevant agency a fee prescribed by the relevant agency: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Oct. 31, 2017; Aug. 20, 2019; Dec. 27, 2022> |
1. | A person who files an application for shipbuilding surveys, ship surveys, special shipbuilding surveys, or international convention surveys; |
2. | A person who files an application for approval of drawings under Article 13 (1); |
3. | A person who files an application for permission for modification under Article 15 (3); |
4. | A person who files an application for type approval or approval for modification thereof under Article 18 (1) and (4); |
5. | A person who files an application for examination of articles for ship use or small ships under Article 18 (9); |
6. | A person who files an application for designation of a recognized manufacturing (maintenance) factory under Article 20 (1); |
7. | A person who files an application for verification under the proviso of Article 20 (3); |
8. | A person who files an application for preliminary inspection under Article 22 (1); |
9. | A person who files an application for approval of drawings under Article 22 (2); |
10. | A person who files an application for container type approval or approval for modification thereof under Article 23 (1) and (3); |
11. | A person who files an application for a container inspection under Article 23 (7); |
12. | A person who files an application for approval of safety checkup method under Article 24 (1); |
13. | A person who files an application for approval of stability information under Article 28 (2); |
14. | A person who files an application for confirmation of limited loads, etc. under Article 34 (1); |
15. | A person who files an application for approval of cargo securing manual under Article 39 (1); |
16. | A person who files an application for survey or approval of the suitability of dangerous goods under Article 41 (2); |
17. | A person who files an application for enhanced surveys or towing surveys; |
18. | A person who files an application for issuance or re-issuance of a certificate, etc. under Articles 7 (2), 8 (2), 10 (3), 11 (2), 12 (2) and (4), 18 (10), 20 (4), and 22 (3), the latter part of Article 23 (7), and Articles 34 (2) and 43 (2). |
(2) | Deleted. <Oct. 31, 2017> |
(3) | Where a survey agency collects a fee under the proviso of paragraph (1), with the exception of the subparagraphs, it shall set the standards thereof and obtain approval from the Minister of Oceans and Fisheries. The same shall also apply to modification of approved matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017> |
(4) | Where a survey agency collects a fee under the proviso of paragraph (1), with the exception of the subparagarphs, such income shall become the revenue of a survey agency. <Amended on Oct. 31, 2017> |
(5) | With respect to a ship which has been ordered to take the corrective measures or the detention under Article 68 (3) and (4) due to any defect discovered as a result of the port State control under Article 68, the Minister of Oceans and Fisheries may collect a fee necessary for confirmation, etc. of the correction of the defect, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
(6) | Where an additional inspection is performed in a foreign country under the proviso of Article 69 (2), the Minister of Oceans and Fisheries may collect fees for necessary facilities, such as airfares. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 81 (Delegation of Authority) |
The authority of the Minister of Oceans and Fisheries may be partially delegated to the heads of agencies under his or her control, as prescribed by Presidential Decree.
[This Article Wholly Amended on Oct. 31, 2017]
Article 82 (Legal Fiction of Public Official for Purposes of Penalty Provisions) |
CHAPTER XII PENALTY PROVISIONS
Article 83 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: <Amended on Jan. 6, 2015; Oct. 31, 2017; Aug. 20, 2019; Feb. 18, 2020; Dec. 27, 2022>
1. | A person who fails to undergo a shipbuilding survey in violation of Article 7; |
2. | A person who undergoes a shipbuilding survey, ship survey, or international convention survey agreement under Articles 7 through 12 by fraud or other improper means; |
2-2. | A person who measures thickness of hulls under Article 14 (3) by fraud or other improper means; |
3. | A shipowner who modifies or converts the structure arrangement, machinery, facilities, etc. of the relevant ship after a shipbuilding survey or ship survey, in violation of Article 15 (1) (including cases where said paragraph shall apply mutatis mutandis under Article 43 (4)); |
3-2. | A shipowner who causes his or her ship to suffer a maritime accident in violation of Article 15 (2) by intention or gross negligence; |
4. | A shipowner who modifies the length, width, depth, and use of a ship or converts the facilities thereof without obtaining permission from the Minister of Oceans and Fisheries, in violation of Article 15 (3); |
5. | A person who obtains type approval or approval for modification thereof, and undergoes the examination under Article 18 (1), (4), and (9) by fraud or other improper means, or a person who fails to obtain type approval and to undergo the examination; |
6. | A person who is designated as a recognized manufacturing (maintenance) factory under Article 20 (1) by fraud or other improper means; |
6-2. | A person who issues a certificate of the passing of survey standard under Article 20 (4) or a mark indicating the passing of its own survey standard by fraud or other improper means; |
7. | A person who undergoes a preliminary inspection under Article 22 (1) by fraud or other improper means; |
8. | A person who obtains container type approval or approval for modification thereof, and undergoes the examination under Article 23 (1), (3), and (7) by fraud or other improper means, or a person who fails to obtain container type approval and to undergo the examination; |
8-2. | A person who obtains approval of the container safety checkup method or approval for modification thereof under Article 24 (1) and (3) by fraud or other improper means; |
8-3. | A person who uses containers without obtaining approval of the container safety checkup method under Article 24 (1); |
8-4. | A person who has filed for registration of a container safety checkup business operator under Article 24-2 (1) by fraud or other improper means; |
8-5. | A person who conducts business without filing for registering registration of a container safety checkup business operator under Article 24-2 (1); |
9. | A person who transports passengers or cargo exceeding the load line, in violation of Article 27 (2); |
10. | A person who uses a ship for navigation without maintaining stability, in violation of Article 28 (1); |
11. | A shipowner who stows or secures cargo without obtaining approval of cargo securing manual from the Minister of Oceans and Fisheries in violation of Article 39 (1); |
11-2. | A person who loads or lashes cargo failing to comply with the details approved, in violation of Article 39 (2); |
12. | A person who undergoes an enhanced survey under Article 42 (1) by fraud or other improper means; |
13. | A person who undergoes a towing survey under Article 43 (1) by fraud or other improper means; |
13-2. | A person who conducts affairs of survey, etc. under Article 60 (1) by fraud or other improper means; |
13-3. | Deleted; <Oct. 31, 2017> |
13-4. | A person who conducts container inspection, etc. under Article 64 by fraud or other improper means; |
13-5. | A person who conducts an inspection and grants approval related to dangerous goods under Article 65 by fraud or other improper means; |
14. | A person who informs others or discloses to the public or reports, in violation of Article 74 (4). |
Article 84 (Penalty Provisions) |
(1) | A shipowner, captain, employee of a ship, or container owner who commits any of the following offenses shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won: <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013; Jan. 6, 2015; Oct. 31, 2017; Feb. 18, 2020; Dec. 27, 2022> |
1. | When he or she uses a ship for navigation beyond the navigation area entered in the relevant ship survey certificate under Article 8 (2); |
2. | When he or she uses a ship for navigation with persons on board exceeding the maximum number of allowable persons on board entered in the relevant ship survey certificate under Article 8 (2); |
3. | When he or she uses a ship for navigation in violation of the designated position of the load line entered in the relevant ship survey certificate under Article 8 (2); |
4. | Deleted; <Jan. 6, 2015> |
5. | When he or she uses a ship for navigation without a ship survey certificate, etc. or with the ship survey certificate, etc. the validity of which has been suspended, in violation of Article 17 (1); |
6. | When he or she uses a ship for navigation in violation of the conditions related to navigation entered in the relevant ship survey certificate, etc., in violation of Article 17 (2); |
6-2. | When he or she loads on the ship a container which has no CSC Safety Approval attached thereto and use such container for transportation of cargoes, in violation of Article 23 (11); |
6-3. | When he or she fails to perform the safety checkup of containers, in violation of Article 24 (1); |
6-4. | When he or she uses a container without performing the safety checkup of the container, in violation of Article 25 (1); |
7. | Deleted; <Dec. 29, 2009> |
8. | When he or she hides, modifies, or erases the mark of the load line, in violation of Article 27 (1); |
9. | Deleted; <Jan. 6, 2015> |
10. | When he or she uses a ship without being equipped with radio installations, in violation of Article 29 (3); |
11. | When he or she fails to report defects of a ship under Article 74 (1). |
(2) | When a captain commits any violation referred to in paragraph (1) concerning the affairs of a shipowner, not only shall the captain be punished, but the shipowner also shall be fined under the same paragraph: Provided, That where the shipowner has not been negligent in giving due attention and supervision concerning the relevant affairs in order to prevent such violation, the foregoing shall not apply. <Amended on Dec. 29, 2009> |
(3) | When a crewmember of a ship, other than its captain, commits any violation referred to in paragraph (1), not only shall the relevant crewmember of the ship be punished, but the captain also shall be fined under the same paragraph: Provided, That where the captain has not been negligent in giving due attention and supervision concerning the relevant affairs in order to prevent such violation, the foregoing shall not apply. <Amended on Dec. 29, 2009> |
(4) | Deleted. <Feb. 18, 2020> |
Article 85 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding 10 million won: <Amended on Feb. 6, 2009; Jan. 6, 2015; Feb. 18, 2020; Dec. 27, 2022>
1. | A person who fails to comply with a disposition made under Article 19-2 (2) without good cause; |
1-2. | Deleted; <Dec. 31, 2018> |
1-3. | A person who undergoes an inspection or obtains approval concerning the suitability of the method of loading, transporting, or storing dangerous goods under Article 41 (2) by fraud or other improper means; |
2. | A person who fails to comply with an order issued under Article 69 (4); |
3. | A person who fails to comply with an order issued under Article 71 (3); |
4. | Deleted; <Jan. 6, 2015> |
5. | A person who fails to comply with an order for detention issued under Article 74 (3); |
6. | A person who makes a false report or submits false data, in violation of Article 75 (1); |
7. | A person who refuses, hinders, or evades the access of a public official under Article 75 (2) without good cause; |
8. | A person who fails to comply with disposition under Article 75 (5). |
Article 86 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Jan. 6, 2015; Dec. 27, 2022>
1. | Deleted; <Jan. 6, 2015> |
1-2. | A person who fails to obtain approval for modification, in violation of Article 18 (4); |
1-3. | A person who fails to obtain approval for modification, in violation of Article 23 (3); |
1-4. | A person who receives and loads cargoes exceeding the maximum gross weight marked on a CSC Safety Approval, in violation of Article 39 (4); |
2. | A person who tows a barge, a structure, etc. without having undergone a towing survey, in violation of Article 43 (1); |
3. | A person who uses highly inflammable fuel oil, lubricating oil, etc. on a ship, in violation of Article 44. |
Article 86-2 (Joint Penalty Provisions) |
When an agent (including a representative where a shipowner is a corporation) and employee of, or any other person employed by (excluding the ship’s crew members) a shipowner commits any violation referred to in each subparagraph of Article 83 or Article 84 (1) in conducting the business affairs of the shipowner, not only shall such agent, employee, or other person be punished, but the shipowner also shall be punished by a fine prescribed in that paragraph: Provided, That where the shipowner has not been negligent in giving due attention and supervision concerning the relevant affairs in order to prevent such violation, the foregoing shall not apply. [This Article Newly Inserted on Feb. 18, 2020]
Article 87 (Exception to Application of Penalty Provisions) |
Penalty provisions applicable to a shipowner who has violated this Act and the orders issued under this Act shall not apply when a shipowner is the State or a local government.
Article 88 (Application of Penalty Provisions) |
The provisions of this Act concerning a shipowner in the application of penalty provisions shall apply to a custodian of a ship when a custodian has been appointed in cases of co-ownership of a ship, to a lessee of the ship in cases of lease of such ship, to a person who is substantially in charge of management and operation of the ship in cases of charter of the ship, respectively; and the provisions concerning a captain shall apply to a person who performs the duties of the captain on behalf of him or her. <Amended on Feb. 18, 2020>
Article 89 (Administrative Fine) |
(1) | Deleted. <Jan. 6, 2015> |
(2) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Feb. 6, 2009; Dec. 29, 2009; Apr. 15, 2010; May 22, 2013; Jan. 6, 2015; Oct. 31, 2017; Feb. 18, 2020; Dec. 27, 2022> |
1. | A person who fails to undergo a ship survey without good cause; |
2. | A person who fails to keep the approved drawings in a ship, in violation of Article 13 (4); |
3. | Deleted; <Jan. 6, 2015> |
3-2. | A person who fails to keep a ship survey certificate, etc. in a ship (excluding a small ship), in violation of Article 17 (3); |
3-3. | A person who fails to file an application for the renewal of a certificate of type approval under Article 18 (7) without good cause; |
4. | A person who fails to take custody of the articles for ship use which passed the type approval test or the test of approval for modification under Article 18 (8); |
4-2. | A person who fails to obtain approval for modification in the container safety checkup method approved under Article 24 (3); |
4-3. | A person who has filed for registration of a container safety checkup business operator Article 24-2 (3) but fails to file for registration of modification thereof; |
5. | Deleted; <Jan. 6, 2015> |
6. | Deleted; <Jan. 6, 2015> |
7. | A person who fails to provide a captain with the stability information in violation of Article 28 (2); |
8. | A person who hinders or interferes in the professional judgment of a captain, in violation of Article 31; |
9. | A person who fails to keep the nautical publication in a ship, in violation of Article 32; |
10. | A person who fails to secure the navigation bridge visibility, in violation of Article 33 (1); |
11. | A person who fails to install a communication system between the navigating bridge and the steering gear compartment, in violation of Article 33 (2); |
12. | A person who fails to mark the limited load, etc., in violation of Article 34 (3); |
13. | A person who uses cargo handling appliances in violation of the matters, such as the limited load, etc., in violation of Article 34 (4); |
14. | A person who fails to keep the documents, such as inspection register of cargo handling appliances, etc. in a ship, in violation of Article 35 (2); |
15. | A person who fails to provide information concerning cargoes, in violation of Article 36 (1) or (2); |
16. | A person who fails to provide a captain with instruments measuring the concentration of poisonous gases or oxygen and operating manuals therefor, in violation of Article 37; |
17. | A person who fails to take safety measures, in violation of Article 38; |
18. | Deleted; <Jan. 6, 2015> |
19. | A person who fails to take safety measures, in violation of Article 39 (3); |
20. | Deleted; <Jan. 6, 2015> |
21. | A person who fails to provide a captain with information concerning stability of the ship, the nature of the cargo, and the loading method, in violation of Article 40 (1); |
22. | A person who fails to take safety measures, in violation of Article 40 (2); |
23. | A person who loads, transports, or stores dangerous goods, in violation of Article 41 (1); |
24. | A person who fails to undergo an inspection or obtain approval concerning the suitability of loading, transporting, and storage method of dangerous goods under Article 41 (2) without good cause; |
24-2. | A person who handles dangerous goods without receiving education on safe transport of dangerous goods under Article 41-2 (1) without good cause; |
25. | A person who fails to undergo an enhanced survey under Article 42 (1) without good cause; |
26. | A person who fails to keep a towing certificate in the tugboat, in violation of Article 43 (3); |
26-2. | Deleted; <Dec. 31, 2018> |
27. | A shipowner of a ship of the Republic of Korea which has been detained due to the port State control of a foreign State authority, in violation of Article 69 (1); |
28. | Any of the following persons who fails to report or submit data prescribed in Article 75 (1) without good cause: |
(b) | A type-approval testing laboratory under Article 18 (3); |
(c) | A person who obtains container type approval under Article 23 (1); |
(d) | A safety checkup business operator under the latter part of Article 24 (1). |
(3) | A captain of a ship which fails to operate a ship location transmitter under Article 30 (1) without good cause shall be punished by an administrative fine not exceeding one million won. |
(4) | Administrative fines provided for in paragraphs (1) through (3) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013> |
(5) | Deleted. <Feb. 6, 2009> |
(6) | Deleted. <Jun. 6, 2009> |
ADDENDA <Act No. 8221, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force 10 months after the date of its promulgation: Provided, That the amended provisions of Chapter VII shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Additionally Applicable Ship)
(1) | A ship the gross tonnage of which does not exceed two tons, a ship with no propulsion machinery installed as a ship the gross tonnage of which does not exceed five tons, a sailing ship the gross tonnage of which does not exceed five tons and a floating maritime structure (hereafter referred to as the "additionally applicable ship" in this Article) newly subject to the application of this Act under the amended provisions of Article 3 (1) shall be governed by this Act from the ship to be built after October 1, 2008. |
(2) | Notwithstanding paragraph (1), this Act shall be applied to an additionally applicable ship built or a ship of which building has commenced prior to October 1, 2008 from the date based on the following: |
1. | Longer than seven meters in length: April 1, 2009; |
2. | Longer than six meters and shorter than seven meters in length: April 1, 2010; |
3. | Shorter than six meters in length: April 1, 2011. |
(3) | Additionally applicable ships under the subparagraphs of paragraph (2) shall be deemed to have undergone a shipbuilding survey under the amended provisions of Article 7 (1). |
Article 3 (Applicability to Navigation Bridge Visibility)
The amended provisions of Article 33 (1) shall apply from the ship for which a shipbuilding contract is made after the date this Act enters into force. Article 4 (Applicability to Cargo Handling Appliances Subject to Survey)
With respect to a ship which has been exempted from the designation of a limited load, etc. for the cargo gear and loose gear under the former provisions as at the time this Act enters into force, the amended provisions of Article 34 (1) shall apply from the first ship which undergoes the special survey or the Class 1 intermediate survey after this Act enters into force. Article 5 (Applicability to Provisions of Measuring Instruments of Concentration of Poison Gas)
The amended provisions of Articles 37 and 42 shall apply from the first ship which undergoes the special survey or Class 1 intermediate survey after this Act enters into force. Article 6 (General Transitional Measures)
The disposition and other conduct performed by an administrative agency or various applications and other conduct performed to an administrative agency under the former provisions as at the time this Act enters into force shall be deemed the conduct performed by an administrative agency or the conduct performed to an administrative agency under this Act equivalent to the said provisions.
Article 7 Deleted. <Dec. 29, 2009>
Article 8 (Transitional Measures concerning Shipbuilding Surveys)
(1) | Where a ship has undergone the manufacturing survey under the former provisions as at the time when this Act enters into force, the ship shall be deemed to have undergone a shipbuilding survey under this Act. |
(2) | Where the design drawings of a ship have been examined under the former provisions as at the time when this Act enters into force, it shall be deemed to have obtained the approval of the drawings under this Act. |
(3) | Where a ship has undergone a ship survey under the former provisions as at the time when this Act enters into force, it shall be deemed to have undergone the ship survey and international navigation survey under this Act. |
(4) | Where it has been recognized as an excellent factory under the former provisions as at the time when this Act enters into force, it shall be deemed to have been designated as excellent factory under this Act. |
Article 9 (Transitional Measures concerning Container)
A container used for transport of cargo of a ship without having obtained type approval as at the time when this Act enters into force, notwithstanding the amended provisions of Article 23 (8), may be loaded on a ship only which is not placed on international voyage by December 31, 2011. Article 10 (Transitional Measures concerning Mark of Load Line)
A ship exempted from the mark of the load line under the former provisions as at the time when this Act enters into force, notwithstanding the amended provisions of Article 27, shall conform to the former provisions: Provided, That where the modifications in length, width and depth of the relevant ship have been made, the same shall not apply. Article 11 (Transitional Measures concerning Maintenance of Stability)
(1) | A ship exempted from maintaining stability under the former provisions as at the time when this Act enters into force, notwithstanding the amended provisions of Article 28, shall conform to the former provisions: Provided, That where the modifications in length, width and depth of the relevant ship have been made, the same shall not apply. |
(2) | The stability information with which a shipowner has provided a captain under the former provisions as at the time when this Act enters into force, shall be deemed to have been provided under the amended provisions of Article 28 (2). |
Article 12 (Transitional Measures concerning Confirmation Cargo Handling Appliances)
Where a limited load, etc. on a cargo gear and loose gear have been designated under the former provisions as at the time when this Act enters into force, it shall be deemed that the cargo handling appliances have been confirmed under this Act.
Article 13 (Transitional Measures concerning Authority)
(1) | The Ship Inspection Technology Association under the former provisions as at the time when this Act enters into force, shall be deemed as the Korea Ship Safety Technology Authority established under the amended provisions of Article 45. |
(2) | The chairperson, directors and auditor of the Ship Inspection Technology Association appointed under the former provisions as at the time when this Act enters into force, shall be deemed the chairperson, directors and auditor of the Authority appointed, respectively, under this Act until the terms of their offices expire under the former provisions. |
(3) | The conduct or other legal relations engaged by the Ship Inspection Technology Association as at the time when this Act enters into force, shall be deemed to have been made by the Korea Ship Safety Technology Authority. |
(4) | The property, rights and obligations of the Ship Inspection Technology Association as at the time when this Act enters into force, shall be comprehensively taken over by the Authority at the same time when the Authority is established. In such cases, the value of the property the Authority has acquired shall be the book value at the time when the Authority acquires such property. |
(5) | The name of the Ship Inspection Technology Association on the register and other public records as at the time when this Act enters into force, shall be deemed the name of the Korea Ship Safety Technology Authority. |
(6) | Where the Ship Inspection Technology Association has been cited in other statutes or regulations as at the time when this Act enters into force, it shall be deemed that the Korea Ship Safety Technology Authority has been cited in lieu of the Ship Inspection Technology Association. |
Article 14 (Transitional Measures concerning Delegation for Affairs of Surveys)
With respect to the affairs of survey, etc. for which the Authority and the classification society perform the delegation under the former provisions at the time when this Act enters into force, the Authority and the classification society shall have the validity on the said delegation until an agreement is made under the amended provisions of the latter part of Article 60 (1), with the exception of its subparagarphs, and the latter part of Article 60 (2). Article 15 (Transitional Measures concerning Penalty Provisions)
In application of penalty provisions for the conducts committed prior to the enforcement of this Act, the former provisions shall apply.
Article 16 Omitted.
ADDENDA <Act No. 8381, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 17 (2) of the Addenda shall enter into force on November 4, 2007. Articles 2 through 19 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9446, Feb. 6, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9871, Dec. 29, 2009>
(1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (2) 3 and Article 7 of the Addenda to the Ship Safety Act (Act No. 8221) shall enter into force on November 4, 2010. |
(2) | (Transitional Measures concerning Penalty Provisions) In applying penalty provisions for the conducts committed prior to the enforcement of this Act, the former provisions shall apply. |
ADDENDA <Act No. 10271, Apr. 15, 2010>
(1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
(2) | (Transitional Measures) Any person who handles dangerous goods as at the time this Act enters into force shall receive education on safe transport of dangerous goods under the amended provisions of Article 41-2 (1) within one year after this Act enters into force. |
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) | This Act shall enter into on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11808, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
The imposition of administrative fines against offenses committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 12999, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Recognized Manufacturing (Maintenance) Factories)
A person designated as an exemplary factory under the former provisions as at the time this Act enters into force shall be deemed designated as a recognized manufacturing (maintenance) factory under this Act.
Article 3 (Transitional Measures concerning Surveys)
The application for a survey filed with the Minister of Oceans and Fisheries under the former provisions as at the time this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 13002, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15002, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Limit of Claim Amount against Survey Agency)
The amended provisions of the proviso to Article 67 (3) shall apply from the case where a survey agency illegitimately causes damage to any other person in the course of performing delegated affairs after this Act enters into force. Article 3 (Transitional Measures concerning Certificate of Type Approval)
(1) | The term of validity of a certificate of type approval issued under former Article 18 (8) after obtaining type approval under former Article 18 (1) before this Act enters into force, shall be classified as follows: |
1. | Where not more than three years have passed from the date the certificate of type approval was issued, as at the time this Act enters into force: Five years from the date the certificate of type approval was issued; |
2. | Where three years have passed from the date the certificate of type approval was issued, as at the time this Act enters into force: Two years from the enforcement date of this Act. |
(2) | A written approval for modification of type approval issued under the former provisions of Article 18 (8) after obtaining approval for modification under the former provisions of Article 18 (4) (limited to where approval for modification is granted after undergoing a type approval test under the latter part of Article 18 (4)) before this Act enters into force, shall be deemed a certificate of type approval issued under the amended provisions of Article 18 (5). In such cases, the term of validity of such written approval for modification of type approval shall be classified as follows: |
1. | Where not more than three years have passed from the date a written approval for modification of type approval was issued, as at the time this Act enters into force: Five years from the date the written approval for modification of type approval was issued; |
2. | Where three years have passed from the date the written approval for modification of type approval was issued, as at the time this Act enters into force: Two years from the enforcement date of this Act. |
Article 4 (Transitional Measures concerning Maintenance of Stability of Ships)
Notwithstanding the amended provisions of Article 28 (1), any ship which left a port before this Act enters into force and is on the voyage shall be subject to the former provisions. Article 5 (Transitional Measures concerning Agency for Measurement of Thickness)
An agency for measurement of thickness publicly notified pursuant to the former provisions of Article 63 (1) as at the time this Act enters into force shall be deemed a designated thickness measuring company publicly notified pursuant to the amended provisions of Article 14 (6). Article 6 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to any act committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 16160, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 16506, Aug. 20, 2019>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDUM <Act No. 17028, Feb. 18, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 84 (4) and 86-2 shall enter into force six months after the date of their promulgation.
ADDENDA <Act No. 19134, Dec. 27, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 17 (3) and 23 (9) shall enter into force on the date of the promulgation. Article 2 (Transitional Measures concerning Certificates of Container Type Approval)
(1) | The term of validity of a certificate of container type approval issued under previous Article 23 (1) and a certificate of changed container type approval issued under the latter part of previous Article 23 (3) as at the time this Act enters into force (hereinafter referred to as "certificate of type approval, etc.") shall be classified as follows: |
1. | Where it is not more than three years since the date of issuance of a certificate of type approval, etc. as at the time this Act enters into force: Five years from the date of issuance of the certificate of type approval, etc.; |
2. | Where three years have elapsed since the date of issuance of a certificate of type approval, etc. as at the times this Act enters into force: Two years from the date this Act enters into force. |
(2) | "CSC Safety Approval" affixed to a container which has passed a container inspection under previous Article 23 (5) as at the time this Act enters into force shall be deemed "CSC Safety Approval" under the amended provisions of Article 23 (8). |
Article 3 (Transitional Measures concerning Re-Examination of Safety Checkup Method of Container Owners)
The deadline for re-examining the safety checkup method of a container owner approved under previous Article 24 (1) as at the time this Act enters into force shall be classified as follows: 1. | Where 10 years have elapsed since approval of the container safety checkup method under previous Article 24 (1) as at the time this Act enters into force: By no later than the date of approval within one year from the date this Act enters into force; |
2. | Where 10 years have not elapsed since approval of the container safety checkup method under previous Article 24 (1) as at the time this Act enters into force: By no later the date of approval which comes after 10 years from the date of the existing approval. |
Article 4 (Transitional Measures concerning Registration of Container Safety Checkup Business Operators)
Where a safety checkup business operator who has qualifications under previous Article 24 (2) and performs safety checkups on behalf of a container owner under the latter part of previous Article 24 (1) as at the time this Act enters into force or a safety checkup business operator who has qualifications under previous Article 24 (2) and performs safety checkups on behalf of an overseas container owner as at the time this Act enters into force is registered within one month from the date this Act enters into force with documents proving a contract with the relevant container owner, facilities and human resources under the previous provisions, and other matters, he or she shall be deemed a safety checkup business operator under the previous provisions. In such cases, after this Act enters into force, a safety checkup business operator under the previous provisions shall have qualifications under this Act within one year after registration.