Presidential Decree No. 32852, Aug. 4, 2022
| Article 1 (Purpose) |
| Article 2 (Scope of Port Transport Workers) |
| 1. | A person in a special type of employment under Article 77 (1) of the Occupational Safety and Health Act and Article 67 of the Enforcement Decree of that Act; |
| 2. | Port and transport union members engaged in domestic labor procurement service with permission granted under Article 33 of the Employment Security Act. |
| Article 3 (Scope of Port Safety Accidents) |
| Article 4 (Composition and Operation of Port Safety Council) |
| (1) | The management authority shall have a port safety council under Article 7 (1) of the Act (hereinafter referred to as "port safety council") consist of the following institutions or organizations having jurisdiction over the ports under its jurisdiction: |
| 1. | Port transport business entities’ associations and port transport workers’ associations; |
| 2. | Regional employment and labor offices; |
| 3. | The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act; |
| 4. | Port authorities established under the Port Authority Act; |
| 5. | Educational and training institutions referred to in Article 27-4 of the Harbor Transport Business Act; |
| 6. | Other institutions or organizations that the management authority deems necessary to participate in the port safety council for consultation on the prevention of port safety accidents and other similar matters. |
| (2) | The port safety council shall have consultations on the following matters: |
| 1. | Matters concerning policies and related business projects for the prevention of port safety accidents; |
| 2. | Matters concerning the operation and management of the safety control system in the ports; |
| 3. | Matters concerning safety measures in the ports; |
| 4. | Other matters deemed necessary by the management authority for the prevention of safety accidents and disasters, etc. in the ports. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for organizing and operating a port safety council shall be determined by the management authority, in consultation with the port safety council. |
| Article 5 (Safety Education for Port Transport Workers) |
| (1) | Port transport business entities shall provide safety education classified as follows, to port transport workers pursuant to Article 8 (1) of the Act: |
| 1. | Initial safety education: Education provided to port transport workers who intend to newly engage in port transport-related operations (excluding those subject to basic safety education under subparagraph 3) before he or she starts the relevant operations; |
| 2. | Regular safety education: Education provided to a port transport worker engaged in port transport-related operations (excluding persons subject to the basic safety education under subparagraph 3), annually until the date on which one year elapses from the date of providing initial safety education under subparagraph 1 or from the date of conducting previous regular safety education. |
| 3. | Basic safety education: Education provided to port transport workers who are scheduled to engage in operations related to port transport for less than seven days prior to the commencement of the relevant operations; |
| (2) | The details and methods of safety education under paragraph (1) shall be as specified in attached Table 1. |
| (3) | The safety education under paragraph (1) shall be conducted by an education and training institution under Article 27-4 of the Harbor Transport Business Act (hereinafter referred to as "safety educational institution"). |
| (4) | The standards for bearing safety education expenses under Article 8 (2) of the Act shall be determined by a safety educational institution in consultation with the Minister of Oceans and Fisheries, taking into account the curriculum, period, etc. of education. |
| (5) | A safety educational institution shall formulate a safety educational plan, including the following matters, and notify the Minister of Oceans and Fisheries thereof by December 31 each year: |
| 1. | The performances and outcomes of safety education conducted in the previous year; |
| 2. | The basic direction-setting of safety education; |
| 3. | Curriculum and educational methods for each course of safety education; |
| 4. | Other matters necessary for the operation and management of safety education. |
| Article 6 (Approval of Self-Safety Control Plans) |
| (1) | A self-safety control plan prescribed in the former part of Article 9 (1) of the Act (hereinafter referred to as “self-safety control plan”) shall include the following: |
| 1. | Matters concerning the operation and management of a self-safety control system, including the operation of an organization dedicated to safety control; |
| 2. | Matters concerning the working standards for each loading and unloading operation and safety manual; |
| 3. | Matters concerning the safety guidelines in handling loading and unloading equipment; |
| 4. | Matters concerning safety inspection plans for stevedoring facilities in ports and conduct of safety inspections; |
| 5. | Other matters deemed necessary by the management authority to prevent port safety accidents. |
| (2) | Any person who has filed for the registration of the harbor loading and unloading business with the management authority pursuant to Article 4 of the Harbor Transport Business Act (hereinafter referred to as "harbor loading and unloading business entity") shall formulate a self-safety control plan pursuant to the former part of Article 9 (1) of the Act and obtain approval therefor from the management authority before commencing the harbor loading and unloading business. |
| (3) | A harbor loading and unloading business entity who intends to obtain approval for modification of a self-safety control plan pursuant to the latter part of Article 9 (1) of the Act shall submit an application for approval for modification in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries, accompanied by the self-safety control plan to be modified, to the management authority. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the formulation, approval, approval of modification of a self-safety control plan shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 7 (Qualification Standards for Port Safety Inspection Officers and Port Safety Inspectors) |
| (1) | The qualification standards for the port safety inspection officers prescribed in Article 9 (5) of the Act (hereinafter referred to as "port safety inspection officers") and the port safety inspectors prescribed in paragraph (6) of that Article (hereinafter referred to as "port safety inspectors") shall be as specified in attached Table 2. |
| (2) | The port safety inspection officers shall perform the following duties: |
| 1. | Affairs related to granting approval for a self-safety control plan and approval for modification thereof; |
| 2. | Affairs related to issuing an order to modify a self-safety control plan; |
| 3. | Affairs related to confirming whether a self-safety control plan is implemented; |
| 4. | Affairs related to issuing an order to take corrective measures under Article 9 (4) of the Act; |
| 5. | Other affairs corresponding to those prescribed in subparagraphs 1 through 4, which the management authority deems necessary for port safety control. |
| (3) | The port safety inspectors shall assist the port safety inspection officers prescribed in paragraph (2) in conducting on-site check and investigation or inspection duties necessary in the course of performing their duties under paragraph (2). |
| (4) | Port safety inspection officers and port safety inspectors shall present the certificates indicating their authority to interested persons in performing or supporting the duties referred to in paragraphs (2) and (3). |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the credentials and performing duties of the port safety inspection officers and port safety inspectors shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 8 (Standards for Administrative Dispositions against Port Transport Business Entities) |
| Article 9 (Criteria and Procedures for Imposition of Penalty Surcharges) |
| (1) | The criteria for imposing penalty surcharges under Article 13 (1) of the Act shall be as specified in attached Table 4. |
| (2) | Where the management authority intends to impose penalty surcharges pursuant to Article 13 (1) of the Act, it shall notify a person subject to penalty surcharges of such imposition, specifying the type of the relevant violation and the amount of penalty surcharges in writing. |
| (3) | A person, upon receipt of a notice under paragraph (2), shall pay the penalty surcharges to the collecting agency designated by the management authority within 20 days from the date of receipt of such notice. |
| (4) | A collecting agency, upon receipt of penalty surcharges under paragraph (3), shall issue a receipt to the payer and notify the management authority of the payment thereof. |
| Article 10 (Delegation of Authority) |
| 1. | Composition and operation of a port safety council under Article 7 of the Act; |
| 2. | Approval of a self-safety control plan and approval of modification thereof, an order to modify a self-safety control plan, measures to ascertain whether a self-safety control plan has been implemented, and an an order to take corrective measures for harbor loading and unloading business entities, pursuant to Article 9 (1) through (4) of the Act; |
| 3. | Appointment and dismissal, designation, or commissioning of a port safety inspector under Article 9 (6) of the Act; |
| 4. | Disclosure of information concerning the results of safety education, etc. under Article 10 of the Act; |
| 5. | Requesting cooperation, such as submitting materials, under Article 11 of the Act; |
| 6. | An order to revoke registration, suspend business, or temporarily suspend business pursuant to Article 12 of the Act; |
| 7. | Imposition and collection of penalty surcharges under Article 13 of the Act; |
| 8. | Imposition and collection of administrative fines under Article 17 of the Act. |
| Article 11 (Criteria for Imposition of Administrative Fines) |