The purpose of this Act is to disseminate a culture of safety in harbors and prevent accidents thereby by clarifying the responsibilities of participants in harbor transportation concerning the prevention of accidents and disasters, and by promoting autonomous safety management.
The definitions of terms used in this Act shall be as follows:
| 5. | "Participants in harbor transport" means persons who engage in harbor transport business or harbor transport-related business. |
| 6. | The term "harbor transport employee" means any of the following persons: |
| (b) | Any person prescribed by Presidential Decree, who provides services, in exchange for consideration, for the performance of harbor transport participants’ business in a harbor, irrespective of the form of contracts, services, entrustment, etc. |
| 7. | The term "harbor safety accident" means an accident that causes damage to people or property more than the scale prescribed by Presidential Decree while implementing a harbor transport business or harbor transport-related business. |
| Article 3 (Responsibilities of State, etc.) |
| (1) | The State shall endeavor to prevent any loss of human lives or property damage in ports and may provide necessary support to harbor transport participants so that they can comply with this Act. |
| (2) | Local governments may provide support necessary during the entire stage of operation of harbor transport business and harbor transport-related business to prevent harbor safety accidents in areas under their jurisdiction, fulfill their duty of due care related thereto, and fully cooperate with the State in performing its duties to prevent harbor safety accidents. |
| Article 4 (Relationship with other Acts) |
With respect to matters provided for in this Act concerning safety management in ports, such provisions shall take precedence over other Acts. Provided, That matters separately provided for in the Occupational Safety and Health Act shall be excluded herefrom.
| Article 5 (Basic Duties of Participants in Harbor Transport) |
Harbor transport participants shall observe the following rules for the prevention of harbor accidents:
| 1. | (1) The Mayor shall endeavor to remove hazards as much as possible and minimize risks. |
| 2. | The management and operation of any danger shall be materially handled. |
| 3. | Safety shall be preferentially considered in all jobs. |
| Article 6 (Duty of Participants in Harbor Transport to Secure Safety) |
| (1) | Harbor transport participants shall endeavor to provide safe working environments to harbor transport employees at the relevant place of business. |
| (2) | Harbor transport participants shall actively cooperate with the State or local governments in their measures to ensure safety at harbors. |
| Article 7 (Organization and Operation of Harbor Safety Council) |
| (1) | The Mayor may organize and operate a consultative body on harbor safety (hereafter in this Article referred to as "consultative body on harbor safety") together with organizations of harbor transport participants, organizations of harbor transport workers and other persons prescribed by Presidential Decree in order to discuss matters concerning the prevention of accidents, etc. |
| (2) | Other necessary matters, such as organization and operation of a port safety council, shall be prescribed by Presidential Decree. |
| Article 8 (Safety Education) |
| (1) | Harbor transport participants shall provide safety education on the details of work, safety rules, and hazardous factors in harbors for harbor transportation workers. |
| (2) | Costs incurred in conducting safety education under paragraph (1) shall be borne by participants in harbor transport, as prescribed by Presidential Decree, and the State or a local government may fully or partially subsidize such costs. |
| (3) | The curriculum and method of, effective period and institution of safety education under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 9 (Formulation and Approval of Safety Management Plans) |
| (1) | A person who has registered a harbor loading and unloading business with the relevant management authority pursuant to Article 4 of the Harbor Transport Business Act (hereinafter referred to as "harbor loading and unloading business") among harbor transport participants shall have his/her own safety management plan (hereinafter referred to as "self-safety management plan"), such as the control of access within a harbor, securing facilities, and provision of safety equipment, to prevent safety equipment. It shall be established and approved by the management agency. The same shall also apply to the modification of any approved matter. |
| (2) | Orders to modify a safety control plan of persons engaged in transportation exclusively, if deemed necessary. |
| (3) | Where deemed necessary to approve the plan and ascertain its implementation, the following measures may be taken: |
| 1. | Entry to a place of business to inspect documents related to the safety management in harbors and to confirm, investigate, or inspect the status of the safety management |
| 2. | Request for submission of documents and report on the safety management within ports |
| (a) | Where it is deemed necessary to supplement safety measures, etc. as a result of measures taken pursuant to paragraph (3), an order to take corrective measures, etc. may be issued to a harbor loading and unloading business operator; |
| (5) | A port safety inspection officer shall be assigned to the Management Agency to perform the duties of approval and performance of the self-safety management plan, and corrective measures under paragraph (4). |
| (6) | Public officials belonging to the port safety inspection officer under paragraph (5) shall be appointed or dismissed as such, or a person recognized by the Minister of Oceans and Fisheries under the Port Authority Act shall be commissioned. In such cases, the port safety inspection personnel shall be designated to direct and supervise the port safety inspection officers only for the confirmation of the approval and implementation of the safety management plan, and for the execution of corrective measures under paragraph (4). |
| (7) | Qualifications, appointment, designation or commissioning of port safety inspection officers and port safety inspection personnel, the scope of duties thereof under paragraphs (5) and (6), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 10 (Disclosure of Information on Harbor Safety, etc.) |
A management agency may disclose the results of the implementation of safety education prescribed in Article 8 (1), the confirmation of approval and implementation of a safety management plan prescribed in Article 9, and the results, etc. of the implementation of corrective measures prescribed in Article 9 (4). In such cases, the scope and method of disclosure shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
| Article 11 (Cooperation of Relevant Agencies) |
| (1) | Where necessary to ascertain the appropriateness of a plan for safety management, the head of a relevant administrative agency may request the head of such agency to submit data, etc. |
| (2) | A person requested pursuant to paragraph (1) shall comply with such request, except in extenuating circumstances. |
| Article 12 (Suspension of Business) |
| (1) | Where a participant in transportation falls under any of the following, the court may revoke registration under Article 4 of the Harbor Transport Business Act or order to fully or partially suspend business for a specified period not exceeding one year: Provided, That where there are reasons prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as ensuring the safety of harbor transport employees and investigating accidents, an order to temporarily suspend works may be issued. |
| 1. | Where a port-safe accident occurs in violation of Article 4 or 5 of the Act on the Punishment of Violences, etc. |
| 2. | Where a sentence of a fine or heavier punishment provided for in Article 6 of the Act on the Punishment, etc. of Serious Accidents becomes final and conclusive; |
| 3. | Where he/she is sentenced to a fine or heavier punishment under Article 15 and such sentence becomes final and conclusive. |
| (2) | Matters necessary for the standards and procedures under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 13 (Penalty Surcharges, etc.) |
| (1) | Where a participant in transport falls under any subparagraph of Article 12 (1) and thus his/her business is subject to suspension, the suspension of business may not exceed the amount computed by multiplying the amount of sales by no more than 100, instead of a disposition of business suspension. . |
| (2) | Where a participant in transport withholds a penalty surcharge pursuant to paragraph (1) and commits a violation subject to a disposition of imposing a penalty surcharge again within two years from the date of such disposition, such order shall be issued to suspend business. |
| (3) | The method of calculation, procedure for imposition, and other necessary matters regarding penalty surcharges under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 14 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the management agency under this Act may be delegated to the head of an agency under its control, as prescribed by Presidential Decree. |
| (2) | The authority of the management agency under this Act may be partially entrusted to a relevant institution or organization, as prescribed by Presidential Decree. |
| Article 15 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
| 1. | A person who fails to obtain approval of his/her safety management plan pursuant to Article 9 (1); |
| 2. | A person who fails to comply with an order to amend a safety management plan prescribed in Article 9 (2); |
| 3. | A person who fails to comply with an order to take corrective measures under Article 9 (4); |
| Article 16 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent, employee or other servant of a corporation or individual commits an offence under Article 15 in connection with the business of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual shall also be punished by the fine prescribed in the relevant provisions. Provided, That this shall not apply where a corporation or individual has not been negligent in performing his/her duties for a considerable period to prevent such violation.
| Article 17 (Fines for Negligence) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: |
| 1. | A person who fails to implement safety education for harbor transport employees, in violation of Article 8 (1). |
| 2. | A person who refuses, interferes with, or evades access to a place of business, an inspection, etc. under Article 9 (3) 1; |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries or a Mayor/Do Governor, as prescribed by Presidential Decree. |
ADDENDA <Act No. 18369, Aug. 3, 2021>
This Act shall enter into force one year after the date of its promulgation.