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ENFORCEMENT DECREE OF THE WATER-RELATED LEISURE ACTIVITIES SAFETY ACT

Wholly Amended by Presidential Decree No. 33518, jun. 7, 2023

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Water-Related Leisure Activities Safety Act and matters necessary for the enforcement thereof.
 Article 2 (Types of Water Leisure Craft)
(1) "Water leisure craft ... which is prescribed by Presidential Decree, including a personal watercraft, a motorboat, a rubber boat, and a sailing yacht (referring to a yacht with a sail and an engine installed)" in subparagraph 4 of Article 2 of the Water-Related Leisure Activities Safety Act (hereinafter referred to as the "Act") means each of the following water leisure craft:
1. A personal watercraft;
2. A motorboat;
3. A rubber boat;
4. A sailing yacht (referring to a yacht with a sail and an engine installed; hereinafter the same shall apply);
5. A water scooter;
6. A hover craft;
7. An amphibious vehicle;
8. Other water leisure craft determined and publicly notified by the Commissioner of the Korea Coast Guard which have a structure, shape, propulsion engine, or operating method similar to that of water leisure craft specified in subparagraphs 1 through 7.
(2) "Water leisure craft prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means each of the following water leisure craft:
1. A water ski (including a cable ski; hereinafter the same shall apply);
2. A parasail;
3. A rowing;
4. A kayak;
5. A canoe;
6. A water sled;
7. A water bike;
8. A surfboard;
9. A rowing boat;
10. A sailing yacht;
11. A windsurfing board;
12. A wakeboard (including a cable wakeboard);
13. A kiteboard;
14. A rigid inflatable tube;
15. A flyboard;
16. A paddleboard;
17. Other water leisure craft determined and publicly notified by the Commissioner of the Korea Coast Guard which have a structure, shape, or operating method similar to that of water leisure craft specified in subparagraphs 1 through 16.
 Article 3 (Formulation and Implementation of Master Plans for Water-Related Leisure Safety Management)
(1) If necessary to formulate and implement a master plan for water-related leisure safety management under Article 4 (1) of the Act (hereinafter referred to as "master plan"), the Commissioner of the Korea Coast Guard may request the heads of relevant central administrative agencies or the heads of local governments to submit relevant materials. In such cases, upon receipt of a request to submit materials, the heads of relevant central administrative agencies or the heads of local governments shall comply with such request, unless there is a compelling reason not to do so.
(2) The Commissioner of the Korea Coast Guard may seek opinions from relevant experts and interested parties if it is deemed necessary to formulate and implement a master plan.
(3) Where the Commissioner of the Korea Coast Guard formulates a master plan, he or she shall publicly notify the details of the plan in the Official Gazette or post them on the comprehensive water-related leisure information system under Article 36 of the Act (hereinafter referred to as "comprehensive water-related leisure information system") or on the website of the Korea Coast Guard.
CHAPTER II OPERATOR LICENSES
 Article 4 (Eligibility and Standards for Operator Licenses)
(1) To operate a power-driven water leisure craft specified in the subparagraphs of Article 2 (1) with a propulsion engine of a maximum output of at least five horsepower (referring to at least 3.75 kilowatts, if the output is measured in kilowatts), its operator shall obtain an operator license for power-driven water leisure craft (hereinafter referred to as "operator license") pursuant to Article 5 (1) of the Act.
(2) Persons eligible for an operator license shall be classified as follows:
1. A general operator license:
(a) A class 1 operator license: An employee engaging in water-related leisure business registered under Article 37 (1) of the Act and an examiner of an examination agency under Article 17 (1) 2 and subparagraph 1 (b) of attached Table 9;
(b) A class 2 operator license: A person who intends to operate a power-driven water leisure craft (excluding a sailing yacht) for which an operator license shall be obtained pursuant to paragraph (1);
2. A yachting license: A person who intends to operate a sailing yacht.
 Article 5 (Grounds for Disqualification from Holding Operator Licenses)
(1) “Person prescribed by Presidential Decree” in Article 7 (1) 2 of the Act means a person who has such mental illness as dementia, schizophrenia, schizotypal affective disorder, bipolar disorder (manic?depressive psychosis), recurrent depressive disorder, or alcoholism, who is deemed incapable of normally operating a power-driven water leisure craft by a specialized medical doctor in the relevant field.
(2) "Person prescribed by Presidential Decree" in Article 7 (1) 3 of the Act means an addict of narcotic drugs, psychotropic substances, or cannabis defined in subparagraphs 2 through 4 of Article 2 of the Narcotics Control Act, who is deemed incapable of normally operating a power-driven water leisure craft by a specialized medical doctor in the relevant field.
 Article 6 (Notification of Personal Information regarding Grounds for Disqualification from Holding Operator Licenses)
(1) "Head of an agency prescribed by Presidential Decree" in Article 7 (2) of the Act means each of the following persons:
1. The Minister of Health and Welfare;
2. The Commissioner of the Military Manpower Administration;
3. The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”), or the head of a Si/Gun/autonomous Gu;
4. The Chief of Staff of the Army, the Chief of Staff of the Navy, the Chief of Staff of the Air Force, or the Commander of Marine Corps;
5. The head of a mental medical institution under subparagraph 5 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (hereinafter referred to as the "head of a mental medical institution").
(2) Personal information that each person specified in the subparagraphs of paragraph (1) is required to notify to the Commissioner of the Korea Coast Guard pursuant to Article 7 (2) of the Act shall be personal information related to grounds for disqualification from holding an operator license falling under paragraph (1) 2 and 3 of that Article and the details of such information shall be as specified in attached Table 1.
(3) Each person specified in the subparagraphs of paragraph (1) shall notify personal information under paragraph (2) to the Commissioner of the Korea Coast Guard at least once every six months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 7 (Conducting of License Examinations)
(1) Where the Commissioner of the Korea Coast Guard intends to conduct a license examination under Article 8 (1) of the Act (hereinafter referred to as "license examination"), he or she shall publicly announce matters necessary to conduct the license examination, such as the date, time, and place of the license examination and the examination subjects, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) A person who intends to apply for a license examination shall submit an application to the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 8 (Subjects and Methods of Written Examinations)
(1) The subjects of a written license examination (hereinafter referred to as “written examination”) shall be as specified in attached Table 2.
(2) A written examination shall be conducted in the form of a multiple-choice test: Provided, That a person who is deemed to have a difficulty in taking a written examination due to illiteracy may take an oral examination in lieu of a written examination.
(3) The criteria for passing a written examination shall be as follows:
1. A general operator license: To score at least 70 points for a class 1 operator license and at least 60 points for a class 2 operator license, out of a maximum of 100 points;
2. A yachting license: To score at least 70 points, out of a maximum of 100 points.
(4) A person who has passed a written examination is exempted from the written examination only on a license examination conducted within one year from the date of passing.
(5) A person who fails to pass a written examination may reapply for a written examination from the day following the date of the failure.
 Article 9 (Methods of Practical Examinations)
(1) A practical license examination (hereinafter referred to as “practical examination”) shall be conducted only for a person who has passed, or is exempted from, a written examination.
(2) The criteria for passing a practical examination shall be as follows:
1. A general operator license: To score at least 80 points for a class 1 operator license and at least 60 points for a class 2 operator license, out of a maximum of 100 points;
2. A yachting license: To score at least 60 points, out of a maximum of 100 points.
(3) Scoring standards for and navigation courses of a practical examination shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) Where the Commissioner of the Korea Coast Guard conducts a practical examination, he or she shall require an applicant to use a power-driven water leisure craft for a practical examination which meets the standards specified in attached Table 3: Provided, That if a power-driven water leisure craft prepared personally by an applicant for a practical examination meets the standards specified in attached Table 3, such craft may be used for the practical examination.
(5) A person who fails to pass a practical examination may re-apply for a practical examination from two days after the date of the failure.
(6) Except as provided in paragraphs (1) through (5), matters necessary to conduct a practical examination shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 10 (Exemption from License Examinations)
(1) “Sports organization prescribed by Presidential Decree” in Article 9 (1) 1 of the Act means an athletic affiliate defined in subparagraph 11 of Article 2 of the National Sports Promotion Act.
(2) “Academic department relating to power-driven water leisure craft prescribed by Presidential Decree” in Article 9 (1) 2 (a) of the Act means an academic department in which at least six credits are to be completed for subjects related to power-driven water leisure craft as compulsory subjects.
(3) “License prescribed by Presidential Decree” in Article 9 (1) 3 of the Act means a license of a deck officer, engineer officer, operating officer, operator of wing-in-ground craft, or operator of small ships referred to in subparagraph 1, 2, 4, 5, or 6 of Article 4 (2) of the Ship Officers Act.
(4) The criteria for exemption from subjects of a license examination under Article 9 (1) of the Act shall be as specified in attached Table 4.
 Article 11 (Designation of License Examination-Exempt Educational Institutions)
(1) The Commissioner of the Korea Coast Guard may designate an institution or organization that meets all of the following requirements as an institution or organization (hereinafter referred to as "license examination-exempt educational institution") that provides education eligible for exemption from all subjects of a license examination (only applicable to a class 2 operator license and a yachting license) pursuant to Article 9 (1) 5 of the Act:
1. It shall be any of the following institutions or organizations:
(a) An institution that operates and manages water craft similar to power-driven water leisure craft for conducting business affairs related to the police, the coast guard, firefighting, or national defense;
(b) A public institution under Article 4 of the Act on the Management of Public Institutions or a local government;
(c) A school that provides curricula related to power-driven water leisure craft, among schools under Article 2 of the Higher Education Act;
(d) Other educational institutions or organizations related to water-related leisure activities, which are recognized by the Commissioner of the Korea Coast Guard;
2. It shall meet the standards for personnel, equipment, and facilities specified in attached Table 5.
(2) A person that intends to be designated as a license examination-exempt educational institution shall file an application for designation with the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Upon designating a license examination-exempt educational institution, the Commissioner of the Korea Coast Guard shall issue a certificate of designation in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries to the relevant applicant and shall publicly notify such fact in the Official Gazette or post it on the comprehensive water-related leisure information system or on the website of the Korea Coast Guard.
(4) The details of the curricula that a license examination-exempt educational institution is required to provide pursuant to Article 9 (3) of the Act shall be as follows:
1. For an exemption from an examination for a class 2 operator license: Statutes and regulations related to water-related leisure, water-related knowledge, emergency medical services and first aid, motorboat overviews, navigation and engines, and operator skills;
2. For an exemption from an examination for a yachting license: Statutes and regulations related to water-related leisure, water-related knowledge, emergency medical services and first aid, yacht overviews, navigation and engines, and sailing skills.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the designation of license examination-exempt educational institutions and the provision of curricula shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 12 (Standards for Revoking Designation of License Examination-Exempt Educational Institutions)
(1) The detailed standards for revoking designation of, and suspending business operations of, a license examination-exempt educational institution pursuant to Article 10 (1) of the Act shall be as specified in attached Table 6.
(2) A person whose designation as a license examination-exempt educational institution is revoked pursuant to Article 10 (1) of the Act shall return a certificate of designation under Article 11 (3) to the Commissioner of the Korea Coast Guard.
 Article 13 (Postponement of Renewal of Operator License Certificates)
(1) "Grounds prescribed by Presidential Decree, such as military service" in the proviso, with the exception of the subparagraphs, of Article 12 (1) of the Act means the following cases:
1. Where an operator license holder is in military service (including where such holder is seconded to serve as an obligatory firefighter or an auxiliary police officer pursuant to Article 25 of the Military Service Act) or is serving as alternative service personnel under the Act on Assignment to and Performance of Alternative Service;
2. Where an operator license holder stays abroad;
3. Where an operator license holder suffers a disaster or calamity;
4. Where an operator license holder is unable to move freely due to a disease or injury;
5. Where an operator license holder is deprived of freedom and is detained or confined in custody pursuant to statutes or regulations;
6. Where there are any other reasonable grounds generally acceptable by social norms as unavoidable.
(2) A person who intends to obtain a prior renewal of, or to postpone a renewal of, his or her operator license certificate for power-driven water leisure craft (hereinafter referred to as "license certificate") pursuant to the proviso, with the exception of the subparagraphs, of Article 12 (1) of the Act shall submit an application in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries to the Commissioner of the Korea Coast Guard, along with documents substantiating the relevant grounds, by the following dates:
1. For a prior renewal of a license certificate: By the day before the start date of the license certificate renewal period specified in the subparagraphs of Article 12 (1) of the Act;
2. For the postponement of a renewal of a license certificate: By the last day of the license certificate renewal period specified in the subparagraphs of Article 12 (1) of the Act.
(3) If an application filed pursuant to paragraph (2) is deemed reasonable, the Commissioner of the Korea Coast Guard may issue a renewed license certificate in advance or postpone the renewal of a license certificate.
(4) A person for whom the renewal of his or her license certificate has been postponed pursuant to paragraph (3) shall renew the license certificate within three months from date the reason for postponement ceases to exist.
 Article 14 (Persons Exempt from Water-Related Safety Education)
“Person prescribed by Presidential Decree” in the proviso, with the exception of the subparagraphs, of Article 13 (1) of the Act means any of the following persons:
1. A person who has received any of the following education within six months retrospectively from the date of receipt of an application for license examination under Article 8 of the Act or from the start date of the license certificate renewal period specified in the subparagraphs of Article 12 (1) of the Act:
(a) Water-related safety education under Article 13 (1) of the Act;
(b) Basic safety education or advanced safety education under Article 43 (1) of the Enforcement Decree of the Seafarers Act;
2. A person who falls under Article 9 (1) 5 of the Act and therefore is exempt from all subjects of an examination for a class 2 operator license or a yachting license;
3. A person who has received education for employees under Article 19 of the Act within six months retrospectively from the last day of the license certificate renewal period specified in the subparagraphs of Article 12 (1) of the Act.
 Article 15 (Designation of Institutions Entrusted with Safety Education)
(1) The Commissioner of the Korea Coast Guard may designate an institution or organization satisfying all of the following requirements, pursuant to Article 13 (2) of the Act, as an institution or organization to conduct the entrusted business affairs related to water-related safety education under Article 13 (1) of the Act (hereinafter referred to as "institution entrusted with safety education"):
1. It shall be any institution or organization specified in the items of Article 11 (1) 1;
2. Its designation as an institution entrusted with safety education shall not have been revoked for the last three years;
3. It shall meet the standards for personnel, facilities, and equipment specified in attached Table 7.
(2) A person that intends to be designated as an institution entrusted with safety education shall file an application for such designation with the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Upon designating an institution entrusted with safety education, the Commissioner of the Korea Coast shall issue a certificate of designation in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries to the relevant applicant and shall publicly notify such fact in the Official Gazette or post it on the comprehensive water-related leisure information system or on the website of the Korea Coast Guard.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the designation of institutions entrusted with safety education and the education provided by such institutions shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 16 (Standards for Revoking Designation of Institutions Entrusted with Safety Education)
(1) Detailed standards for revoking the designation of institutions entrusted with safety education and for suspending their business operations under Article 14 (1) of the Act shall be as specified in attached Table 8.
(2) A person whose designation as an institution entrusted with safety education is revoked pursuant to Article 14 (1) of the Act shall return a certificate of designation under Article 15 (3) to the Commissioner of the Korea Coast Guard.
 Article 17 (Designation of Examination Agencies)
(1) The Commissioner of the Korea Coast Guard may designate an institution or organization satisfying all of the following requirements as an institution or organization to provide agent services involving license examinations (hereinafter referred to as "examination agency") pursuant to Article 18 (1) of the Act:
1. It shall be any institution or organization specified in the items of Article 11 (1) 1;
2. Each place of examination shall meet the standards for personnel, equipment, and facilities specified in attached Table 9.
(2) A person that intends to be designated as an examination agency shall file an application for such designation with the Commissioner of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Upon designating an examination agency, the Commissioner of the Korea Coast Guard shall issue a certificate of designation in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries to the relevant applicant and shall publicly notify such fact in the Official Gazette or post it on the comprehensive water-related leisure information system or on the website of the Korea Coast Guard.
 Article 18 (Standards for Revoking Designation of Examination Agencies)
(1) Detailed standards for revoking the designation of examination agencies and for suspending their business operations under Article 18 (2) of the Act shall be as specified in attached Table 10.
(2) A person whose designation as an examination agency is revoked pursuant to Article 18 (2) of the Act shall return a certificate of designation under Article 17 (3) to the Commissioner of the Korea Coast Guard.
 Article 19 (Supervision over Examination Agencies)
(1) An examination agency shall submit records of agent services involving license examinations to the Commissioner of the Korea Coast Guard pursuant to Article 18 (3) of the Act, within 14 days from the end of each half year. In such cases, the relevant records may be submitted through the comprehensive water-related leisure information system.
(2) The Commissioner of the Korea Coast Guard may request an examination agency to submit necessary materials to ascertain its records records of agent services involving license examinations pursuant to Article 18 (4) of the Act or to supervise such services.
CHAPTER III OBLIGATION TO OBSERVE SAFETY REGULATIONS
 Article 20 (Observation of Matters regarding Navigation Methods)
(1) A person who performs water-related leisure activities shall observe the matters regarding the navigation methods, the speed of craft, etc. prescribed in attached Table 11 pursuant to Article 21 of the Act.
(2) When a person under paragraph (1) uses a power-driven water leisure craft required to be registered pursuant to Article 6 of the Act on Registration and Inspection of Water Leisure Craft (hereinafter referred to as "power-driven water leisure craft subject to registration"), he or she shall navigate only the navigation area, etc. designated pursuant to Article 16 (2) of that Act: Provided, That this shall not apply in any of the following cases:
1. Where he or she uses a power-driven water leisure craft for which the navigation area designated pursuant to Article 16 (2) of the Act on Registration and Inspection of Water Leisure Craft and subparagraph 1 (a) of Article 2 of the Enforcement Decree of that Act is within the smooth water area and navigates the coastal waters within 10 nautical miles (or five nautical miles for a power-driven water leisure craft with an engine prescribed by Ordinance of the Ministry of Oceans and Fisheries) from the end of the smooth water area and nearby land or islands;
2. Where he or she submits a report on navigation in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries to the chief of the relevant coast guard station, in order to operate a power-driven water leisure craft for which the navigation area designated pursuant to Article 16 (2) of the Act on Registration and Inspection of Water Leisure Craft and subparagraph 1 (a) of Article 2 of the Enforcement Decree of that Act is within the smooth water area, simultaneously with another power-driven water leisure craft for which the designated navigation area stretches over the coastal waters, within a distance of 500 meters from each other.
 Article 21 (Exceptions to Restrictions on Water-Related Leisure Activities)
"Cases prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 22 of the Act means cases where a watch of a severe weather alert has been issued relating to storm, storm surge, heavy rain, heavy snow, or strong wind and a report on activities under a severe weather alert has been submitted, in order to perform water-related leisure activities, to the chief of the competent coast guard station, the competent Special Self-Governing City Mayor, the Jeju Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu (the head of the competent Gu means the head of the competent autonomous Gu or the head of an agency of Seoul Special Metropolitan City which is responsible for the management of the Han River, in the case of the Han River under the jurisdiction of Seoul Special Metropolitan City; hereinafter referred to as the "head of the Si/Gun/Gu").
 Article 22 (Standards for Determining Capacity of Water Leisure Craft)
(1) The capacity of a water leisure craft under Article 29 of the Act shall be determined according to the safety inspection under Article 15 of the Act on Registration and Inspection of Water Leisure Craft.
(2) The capacity of a water leisure craft, other than a power-driven water leisure craft subject to registration, shall be calculated in accordance with the standards determined and publicly notified by the Commissioner of the Korea Coast Guard, in consideration of the number of seats, shape, etc. of the relevant water leisure craft.
(3) When calculating the capacity pursuant to paragraphs (1) and (2), the number of people on board for river and sea disasters relief or for any other unavoidable reason shall not be included in it.
CHAPTER IV SAFETY MANAGEMENT
 Article 23 (Korea Aqua-Leisure Safety Association)
(1) The articles of incorporation of the Korea Aqua-Leisure Safety Association under Article 34 (1) of the Act (hereinafter referred to as the “Association”) shall include the following:
1. The objectives;
2. The name;
3. The location of the office (including a branch office or the place of business);
4. Matters regarding the business or its execution;
5. Matters regarding qualifications for membership, joining of and withdrawal from the association, and rights and duties of the members;
6. Matters regarding executive officers and employees;
7. Matters regarding general meetings and the board of directors;
8. Matters regarding the structure and organization;
9. Matters regarding assets and accounting;
10. Matters regarding the modification of the articles of incorporation;
11. Matters regarding the methods of making public announcement.
(2) The Association shall perform the following business affairs pursuant to Article 34 (1) of the Act:
1. Research, development, and publicity of safety management systems for water-related leisure activities;
2. Development and dissemination of safety education programs for water-related leisure activities;
3. Education, training, and guidance for employees related to water-related leisure safety;
4. Surveys and research on safety technology of water leisure craft;
5. Domestic and international cooperation related to the water-related leisure industry;
6. The current status and statistical survey related to the water-related leisure industry.
(3) The following persons are eligible for membership of the Association:
1. A water-related leisure business entity;
2. The representative of an institution, corporation, or organization related to water-related leisure activities;
3. Other persons prescribed as members by the Association's articles of incorporation.
(4) The Association shall report the following to the Commissioner of the Korea Coast Guard:
1. Matters regarding the business management;
2. Matters regarding the financial management;
3. Matters regarding the organizational management;
4. Other matters deemed necessary by the Commissioner of the Korea Coast Guard for the supervision over the Association.
 Article 24 (Composition of Water-Related Leisure Activity Safety Councils)
(1) A water-related leisure activity safety council established under Article 35 (1) of the Act (hereinafter referred to as "safety council") shall consult on the following:
1. Improvement and supplementation of safety management systems for water-related leisure activities;
2. Cooperation in major policies and business affairs regarding the safety of water-related leisure activities;
3. Prevention of and response to safety-related accidents in water-related leisure activities;
4. Other matters requiring consultation regarding the safety of water-related leisure activities.
(2) Matters regarding the composition and operation of a safety council shall be prescribed by ordinance of the relevant local government in accordance with the following standards:
1. The safety council shall be comprised of up to 17 members, including one chairperson;
2. The chairperson of the safety council shall be determined by ordinance of the relevant local government or appointed by the competent Mayor/Do Governor, from among a Vice Mayor or Vice Governor of the relevant local government;
3. The members of the safety council shall be comprised of public officials of the relevant City/Do in charge of water-related leisure safety business affairs, public officials of the relevant administrative agencies that perform business affairs related to water-related leisure safety, and private members with knowledge of and experience in the field of water-related leisure safety;
4. Matters necessary for the operation of the safety council's meetings, such as a person entitled to convene its meetings and the procedures therefor, shall be prescribed.
CHAPTER V WATER-RELATED LEISURE BUSINESS
 Article 25 (Subject Matters of, and Procedures for, Safety Examinations)
(1) The subject matters and items of safety examinations conducted pursuant to Article 43 (1) of the Act (hereinafter referred to as "safety examinations") shall be as follows:
1. Safety of water leisure craft (excluding power-driven water leisure craft subject to safety inspection under Article 15 of the Act on Registration and Inspection of Water Leisure Craft);
2. Whether facilities, equipment, etc. installed in the business place of water-related leisure business under Article 37 (1) of the Act (hereinafter referred to as "water-related leisure business") satisfy the standards for registration;
3. Obligations of water-related leisure business entities and their employees to take measures specified in the subparagraphs of Article 44 (1) of the Act;
4. Obligations to meet the qualification and assignment standards for life guards or rafting guides under Article 44 (1) 5 of the Act;
5. Obligations to comply with the restrictions, etc. on the activities of water-related leisure business entities and their employees specified in the subparagraphs of Article 44 (2) of the Act.
(2) Where the chief of a coast guard station or the head of a Si/Gun/Gu conducts a safety examination pursuant to Article 43 (1) of the Act, he or she shall give prior notice of the purpose, subject matter, date, etc. of the safety examination to a person subject to such examination: Provided, That prior notice need not be given in an emergency such as where a calamity or disaster is likely to occur or in a case where prior notice is deemed to cause the destruction of evidence, etc., thereby making the purpose of the safety examination unachievable.
(3) When disclosing the result of a safety examination pursuant to Article 43 (1) of the Act, the chief of a coast guard station or the head of a Si/Gun/Gu shall post the result of such examination including the following on the website of the relevant agency for at least two months:
1. The name and location of a water leisure craft or water leisure facility for which a safety examination has been conducted;
2. The period of the safety examination;
3. The details of the result of the safety examination and plans to take measures;
4. Other matters the chief of a coast guard station or the head of a Si/Gun/Gu deems it necessary to disclose regarding the result of the safety examination.
 Article 26 (Qualification Standards for Life Guards and Rafting Guides)
(1) Life guards or rafting guides referred to in Article 44 (1) 5 of the Act shall hold the following qualifications:
1. A life guard: Any of the following persons:
(a) A person who is qualified as a life guard after completing educational courses on lifesaving operated by an institution or organization designated by the Commissioner of the Korea Coast Guard as an educational institution (hereafter in this Article and attached Table 12, referred to as "educational institution"), among institutions or organizations meeting the standards for designation specified in attached Table 12;
(b) An aquatic rescue technician under Article 30-2 of the Act on the Search and Rescue in Waters;
2. A rafting guide: A person who is qualified as a rafting guide after completing educational courses on lifesaving operated by an educational institution.
(2) Matters necessary for the designation, revocation of designation, and management of, and supervision over, educational institutions, the operation of education courses on lifesaving, etc. shall be determined and publicly notified by the Commissioner of the Korea Coast Guard.
(3) A life guard shall be positioned in the business area of the relevant water-related leisure business.
(4) At least one rafting guide shall be on board each rafting craft in operation to check the safety conditions in the business area and passengers' safety: Provided, That while boarding another rafting craft and navigating close to the relevant craft, a rafting guide is allowed to check the safety conditions in the business area and passengers’ safety under both of the following circumstances:
1. Where the head of a Si/Gun/Gu having jurisdiction over waters in service deems that there is no obstacle to preventing danger, taking into consideration the water depth, flow velocity, operation distance, the stream strength, etc. of the relevant business place and business area;
2. Where the capacity of a rafting craft is four persons.
(5) The number of rafting craft that one rafting guide can operate while navigating close to the relevant craft pursuant to the proviso of paragraph (4) shall be determined within the range of two to five by the head of a Si/Gun/Gu having jurisdiction over waters in service.
(6) An emergency rescue boat to be placed pursuant to Article 44 (1) 6 of the Act (referring to a power-driven water leisure craft used for patrolling the water-related leisure business place and its business area and for lifesaving; hereinafter the same shall apply) shall be a power-driven water leisure craft suitable for lifesaving, which shall be marked as an emergency rescue boat.
 Article 27 (Scope of Dangerous Goods)
"Dangerous goods, such as explosives and inflammables prescribed by Presidential Decree" in Article 44 (2) 6 of the Act" means the dangerous goods under Article 41 (3) of the Ship Safety Act.
 Article 28 (Water Leisure Craft Subject to Restrictions on Business Operations)
“Water leisure craft prescribed by Presidential Decree, such as water leisure craft on which the user's body directly touches the surface of the water” in the proviso, with the exception of the subparagraphs, of Article 46 (1) of the Act means water leisure craft, such as a water scooter, a water ski, a parasail, and a surfboard, on which the body of a person performing water-related leisure activities touches the surface of the water in the course of such activities.
 Article 29 (Submission of Materials)
The chief of a coast guard station or the head of a Si/Gun/Gu may require a water-related leisure business entity to submit the following documents pursuant to Article 47 of the Act:
1. Documents substantiating that the measures under the subparagraphs of Article 44 (1) of the Act have been taken;
2. Documents relating to subscription to an insurance or mutual aid program under Article 49 (2) of the Act.
CHAPTER VI INSURANCE
 Article 30 (Subscription to Insurance by Owners of Power-Driven Water Leisure Craft)
(1) The owner of a power-driven water leisure craft subject to registration shall subscribe to an insurance or mutual aid program that meets all of the following requirements (hereinafter referred to as "insurance, etc.") pursuant to Article 49 (1) of the Act:
1. The subscription period: To continue such subscription during the registration period of such power-driven water leisure craft;
2. The amount of coverage: At least an amount specified in Article 3 (1) of the Enforcement Decree of the Compulsory Motor Vehicle Liability Security Act.
 Article 31 (Subscription to Insurance by Water-Related Leisure Business Entities)
A water-related leisure business entity shall subscribe to an insurance, etc. that meet all of the following requirements pursuant to Article 49 (2) of the Act:
1. The subscription period: To continue such subscription during the business period of the water-related leisure business entity;
2. The insured or beneficiary: A person engaging in water-related leisure business or a user of a water leisure craft;
3. The amount of coverage: At least an amount specified in Article 3 (1) of the Enforcement Decree of the Compulsory Motor Vehicle Liability Security Act.
 Article 32 (Provision of Information on Subscription to Insurance)
A water-related leisure business entity shall post the following at a conspicuous place within his or her business place pursuant to Article 50 of the Act:
1. The subscription period of an insurance, etc.;
2. The insured or beneficiary of an insurance, etc. to which he or she has subscribed;
3. The amount of coverage of an insurance, etc.
 Article 33 (Establishment and Operation of Computer Network for Insurance Subscription Management)
(1) To establish and operate a computer network for the management of subscription to an insurance, etc. (hereinafter referred to as the "Computer Network for Subscription Management") pursuant to Article 52 (1) of the Act, the Commissioner of the Korea Coast Guard shall perform the following business affairs:
1. Organization, management, and improvement of the Computer Network for Subscription Management;
2. Establishment, dissemination, and operation of a database of information on subscription to insurance, etc.;
3. Installation and management of computers, communications equipment, etc. for the operation of the Computer Network for Subscription Management;
4. Other business affairs necessary for the establishment and operation of the Computer Network for Subscription Management.
(2) The Commissioner of the Korea Coast Guard may formulate and implement guidelines for operating the Computer Network for Subscription Management to facilitate the business affairs specified in the subparagraphs of paragraph (1).
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 34 (Criteria for Imposing Penalty Surcharges)
Criteria for imposing penalty surcharges under Article 56 (1) of the Act shall be as specified in attached Table 13.
 Article 35 (Imposition and Payment of Penalty Surcharges)
(1) When imposing a penalty surcharge pursuant to Article 56 (1) of the Act, the Commissioner of the Korea Coast Guard shall give a written notification to a person subject to imposition of a penalty surcharge, specifying the type of violation and the amount of the penalty surcharge.
(2) A person in receipt of a notification under paragraph (1) shall pay the penalty surcharge to a collecting agency determined by the Commissioner of the Korea Coast Guard within 20 days from the date of receipt of such notification.
(3) A collecting agency in receipt of a penalty surcharge under paragraph (2) shall issue a receipt to the relevant payer and inform without delay the Commissioner of the Korea Coast Guard of the fact of receiving the penalty surcharge.
 Article 36 (Delegation of Authority)
The Commissioner of the Korea Coast Guard shall delegate the following authority to the commander of a regional coast guard or the chief of a coast guard station pursuant to Article 59 of the Act:
1. The commander of a regional coast guard: Providing guidance and supervision necessary to formulate and implement an implementation plan for water-related leisure safety management under Article 4 (5) of the Act;
2. The chief of a coast guard station: The following authority:
(a) Renewing license certificates under Article 12 of the Act;
(b) Issuing and re-issuing license certificates under Article 15 of the Act;
(c) Revoking operator licenses and suspending the effect of such licenses under Article 17 (1) of the Act.
 Article 37 (Management of Sensitive Information and Personally Identifiable Information)
(1) The Commissioner of the Korea Coast Guard (including a person who performs the business affairs of the Commissioner on behalf of him or her pursuant to Article 18 (1) of the Act), the chief of a coast guard station, or the head of a Si/Gun/Gu may manage information on health under Article 23 of the Personal Information Protection Act (limited to the business affairs under subparagraphs 1, 2, 5, and 6), information that constitutes criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act (limited to the business affairs under subparagraphs 5 through 11), and materials containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of that Decree, if it is essential for handling the following business affairs:
1. Verifying the grounds for disqualification from obtaining operator licenses under Article 7 (1) of the Act;
2. Receiving applications for license examination under Article 8 (3) of the Act;
3. Renewing license certificates under Article 12 of the Act;
4. Issuing and re-issuing license certificates under Article 15 of the Act;
5. Revoking operator licenses and suspending the effect of such licenses under Article 17 (1) of the Act;
6. Establishing and operating the comprehensive water-related leisure information system under Article 36 of the Act;
7. Registering water-related leisure business and registering change to the registered matters under Article 37 (1) and (2) of the Act;
8. Renewing the registration of water-related leisure business under Article 38 (2) of the Act;
9. Verifying the grounds for disqualification from filing for registration of water-related leisure business under Article 39 of the Act;
10. Accepting reports on resuming water-related leisure business under Article 41 (2) of the Act;
11. Revoking the registration of water-related leisure business under Article 48 of the Act.
(2) The Commissioner of the Korea Coast Guard (including a person entrusted with the business affairs of the Commissioner pursuant to Article 13 (2) of the Act), the commander of a regional coast guard, the chief of a coast guard station, or the head of a Si/Gun/Gu may manage materials containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential for handling the following business affairs:
1. Providing water-related safety education under Article 13 (1) of the Act;
2. Providing education for employees under Article 19 (1) of the Act;
3. Requesting the provision of materials or information under Article 51 (1) of the Act;
4. Establishing and operating the Computer Network for Subscription Management under Article 52 (1) of the Act.
(3) An insurance company or a mutual aid business entity under Article 51 (1) of the Act and an insurance association, etc. under Section 1 of Chapter XI of the Insurance Business Act may manage materials containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential for providing materials or information on subscription to an insurance, etc. pursuant to Article 51 (2) of the Act, to the Commissioner of the Korea Coast Guard, the commander of a regional coast guard, the chief of a coast guard station, or the head of a Si/Gun/Gu.
 Article 38 (Re-Examination of Regulation)
The Commissioner of the Korea Coast Guard shall examine the appropriateness of the following matters every three years, counting from the base date of January 1, 2022 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
1. Criteria for revoking designation of, and suspending business operations of, license examination-exempt educational institutions under Article 12 and attached Table 6;
2. Criteria for revoking designation of, and suspending business operations of, institutions entrusted with safety education under Article 16 and attached Table 8;
3. Criteria for revoking designation of, and suspending business operations of, examination agencies under Article 18 and attached Table 10;
4. Matters to be observed in relation to navigation methods, the speed of craft, etc. under Article 20 and attached Table 11.
CHAPTER VIII PENALTY PROVISIONS
 Article 39 (Criteria for Imposing Administrative Fines)
Criteria for imposing administrative fines under Article 64 (1) and (2) of the Act shall be as specified in attached Table 14.
ADDENDA <Presidential Decree No. 33518, Jun. 7, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2023.
Article 2 (General Transitional Measures)
Dispositions made, procedures taken, and other acts conducted under the previous Enforcement Decree of the Water-Related Leisure Activities Safety Act as at the time this Decree enters into force shall respectively be deemed made, taken, and conducted under the relevant provisions of this Decree.
Article 3 (Transitional Measures regarding Timing of Completing Education Eligible for Exemption from Water-Related Safety Education)
Notwithstanding the amended provisions of subparagraphs 1 and 3 of Article 14, subparagraphs 1 and 2 of Article 8 of the previous Enforcement Decree of the Water-Related Leisure Activities Safety Act shall apply to the timing of completing education eligible for exemption from water-related safety education for a person who has filed an application for license examination pursuant to Article 6 of the previous Water-Related Leisure Activities Safety Act or who has filed an application to renew a license certificate under Article 9 of that Act before this Decree enters into force.
Article 4 (Transitional Measures regarding Modification of Equipment Standards for License Examination-Exempt Educational Institutions)
A person that is designated as a license examination-exempt educational institution pursuant to Article 7 (5) and attached Table 3 of the previous Enforcement Decree of the Water-Related Leisure Activities Safety Act as at the time this Decree enters into force shall be equipped with the equipment specified in the amended provisions of subparagraph 2 (c) through (h) of attached Table 5 by November 30, 2023.
Article 5 (Transitional Measures regarding Modification of Equipment Standards for Examination Agencies)
A person that is designated as an examination agency pursuant to Article 11 of the previous Enforcement Decree of the Water-Related Leisure Activities Safety Act as at the time this Decree enters into force shall be equipped with the equipment specified in the amended provisions of subparagraph 2 (h) of attached Table 9 by November 30, 2023.
Article 6 (Transitional Measures regarding Educational Institutions for Life Guards and Rafting Guides)
A person that is designated as an educational institution for life guards and rafting guides pursuant to Article 37 and attached Table 10-2 of the previous Enforcement Decree of the Water-Related Leisure Activities Safety Act as at the time this Decree enters into force shall be deemed designated as such educational institution pursuant to the amended provisions of Article 26 and attached Table 12.
Article 7 (Transitional Measures regarding Criteria for Imposing Administrative Fines)
(1) Notwithstanding the amended provisions of attached Table 13, Article 38-4 (2) and attached Table 10-3 of the previous Enforcement Decree of the Water-Related Leisure Activities Safety Act shall apply to the application of the criteria for imposing administrative fines to violations committed before this Decree enters into force.
(2) The imposition of an administrative fine (including the suspension of business operations) for a violation committed before this Decree enters into force shall be included in calculating the number of violations under the amended provisions of attached Table 13.
Article 8 (Transitional Measures regarding Management Directors for Each Place of Examination)
A management director assigned to an examination agency pursuant to the previous Enforcement Decree of the Water-Related Leisure Activities Safety Act (referring to the Enforcement Decree before amended by Presidential Decree No. 23379) as of December 17, 2013 on which the Enforcement Decree of the Water-Related Leisure Activities Safety Act (Presidential Decree No. 23379) enters into force, shall be deemed a management director under the amended provisions of Article 17 (1) 2 and subparagraph 1 (a) of attached Table 9.
Article 9 (Transitional Measures regarding Personnel Standards for Institutions or Organizations Providing Education Eligible for Exemption from License Examinations)
Notwithstanding the amended provisions of subparagraph 1 (a) (i) c of attached Table 3 of the Enforcement Decree of the Water-Related Leisure Activities Safety Act (Presidential Decree No. 25274), subparagraph 1 (a) (i) c of attached Table 3 of the previous Enforcement Decree of the Water-Related Leisure Activities Safety Act shall apply to an institution or an organization that provides education eligible for exemption from license examinations, satisfying the personnel standards under subparagraph 1 (a) (i) c of attached Table 3 of the previous Enforcement Decree of the Water-Related Leisure Activities Safety Act (referring to the Enforcement Decree before amended by Presidential Decree No. 25274; hereafter in this Article the same shall apply) as of March 24, 2014 on which the Enforcement Decree of the Water-Related Leisure Activities Safety Act (Presidential Decree No. 25274) enters into force.
Article 10 (Transitional Measures regarding Scope of Application of Previous Addenda)
The provisions of the Addenda following the amendment of the Enforcement Decree of the Water-Related Leisure Activities Safety Act made before this Decree enters into force shall remain effective even after this Decree enters into force, except for those which have already been invalidated due to the lapse of the period, etc.
Article 11 Omitted.
Article 12 (Relationship to Other Statutes or Regulations)
A citation of any provision of the previous Enforcement Decree of the Water-Related Leisure Activities Safety Act by other statutes or regulations as at the time this Decree enters into force shall be deemed a citation of this Decree or the relevant provision hereof, if any, in lieu of such previous provision.