CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the prevention of marine accidents and the facilitation of traffic and to the protection of the lives, bodies, and property of citizens, by prescribing fundamental matters regarding maritime safety policies and systems.
| Article 2 (Fundamental Concepts) |
The fundamental concepts of this Act are to clarify that the State and local governments are responsible for protecting the lives, bodies, and property of citizens from any danger and obstacles that may occur in connection with the navigation and operation of vessels at sea; and to promote the safe and sustainable use of the sea by giving prime consideration to maritime safety, when formulating policy measures on the use or conservation of the sea.
The terms used in this Act are defined as follows:
| 1. | The term "maritime safety management" means all activities to ensure the safety of the lives, bodies, and property of people from accidents that may occur in any business affairs related to the operation of vessels, by comprehensively and systematically managing the following factors: human factors, including seafarers and vessel owners; physical factors, including vessels and cargoes; environmental factors, including maritime traffic systems and traffic facilities; and systematic factors, including international conventions and safety systems; |
| 2. | The term "vessel" means any kind of vessel used or usable as a means of navigation on the water, including a seaplane (referring to an aircraft capable of moving on the water) and a wing-in-ground craft (referring to a craft which flies in close proximity to the surface by utilizing surface-effect action); |
| 3. | The term "marine facility" means a bridge, tunnel, cable, artificial island, or facility fixed to the ocean floor or a structure floating on the water (excluding a vessel) for the purpose of exploration and development of resources, scientific marine surveys, mooring and repair of vessels, cargo operations, floating housing, tourism, leisure, etc.; |
| 5. | The term "maritime traffic network " means a combined system of marine spaces, such as various routes and waters that the Minister of Oceans and Fisheries establishes in the territorial waters and inland waters to ensure safety in the operation of vessels and smooth operational flow, and maritime traffic facilities installed therein; |
| 6. | The term "maritime cyber security" means a state in which a vessel operation system and information are maintained in a safe manner in terms of confidentiality, integrity, availability, etc., by protecting such system from cyber attacks. |
| Article 4 (Responsibilities of the State) |
| (1) | The State and local governments shall establish and implement policy measures necessary to ensure maritime safety and protect the lives, bodies, and property of citizens in the sea. |
| (2) | The State and local governments shall establish and implement policy measures necessary for the management of marine facilities, the establishment and management of maritime traffic networks, the support for the development of, and establishment of infrastructure for, new technologies related to maritime traffic, the management of maritime cyber security, etc. in order to prevent maritime accidents and respond to changes in the maritime traffic environment. |
| (3) | The State and local governments shall establish and implement policy measures necessary to ensure the safety of persons engaged in the fields related to maritime safety and to improve their welfare. |
| (4) | The State and local governments shall endeavor to provide citizens with knowledge and information about maritime safety and educational programs for maritime safety and to publicize the culture of maritime safety, in order to promote citizens' safety in the use of the sea. |
| (5) | The State shall endeavor to efficiently promote international cooperation with foreign countries, international organizations, etc. with regard to maritime safety, including technical cooperation, exchange of information, and the establishment of organizations for joint surveys and research, and shall assist the industries related to maritime safety as necessary for the promotion and internationalization of such industries. |
| Article 5 (Responsibilities of Citizens) |
| (1) | All citizens shall actively cooperate in facilitating the implementation of maritime safety policies established and implemented by the State and local governments. |
| (2) | The owner of a vessel or marine facility shall conduct educational and training programs for his or her employees in cooperation with the State in implementing policy measures on maritime safety and shall comply with regulations on safety so as to prevent marine accidents, etc. that may be caused by the vessel or marine facility owned and managed by, or operated by, the owner. |
| Article 6 (Relationship with Other Statutes) |
Where enacting or amending other statutes governing maritime safety management, the State shall ensure that the details of such enactment or amendment are consistent with the purpose and fundamental concepts of this Act.
CHAPTER II FORMULATION OF NATIONAL MASTER PLANS FOR MARITIME SAFETY
| Article 7 (National Master Plans for Maritime Safety) |
| (1) | The Minister of Oceans and Fisheries shall formulate a national master plan for the promotion of maritime safety (hereinafter referred to as "master plan") every five years: Provided, That a plan for the improvement of the environment for navigation in the master plan may be formulated every 10 years. |
| (2) | Where the Minister of Oceans and Fisheries intends to formulate a master plan or to modify important matters prescribed by Presidential Decree, the Minister shall consult thereon with the heads of the relevant administrative agencies. |
| (3) | If deemed necessary to formulate or modify a master plan, the Minister of Oceans and Fisheries may request the head of the relevant central administrative agency; 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 a "Mayor/Do Governor"); the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply); the head of a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as the "head of a public institution"); or the head of an institution or organization or an individual related to maritime safety; to submit related materials, present opinions, or offer other necessary cooperation. In such cases, a person in receipt of such request shall comply therewith unless there is a compelling reason not to do so. |
| (4) | Matters necessary to formulate and implement a master plan under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Formulation and Implementation of Action Plans for Maritime Safety) |
| (1) | The Minister of Oceans and Fisheries shall formulate and implement an action plan for maritime safety (hereinafter referred to as "action plan") each year to implement a master plan. |
| (2) | Where the Minister of Oceans and Fisheries intends to formulate an action plan, the Minister shall prepare guidelines for formulating action plans and notify such guidelines to the heads of the relevant central administrative agencies, Mayors/Do Governors, the heads of Sis/Guns/Gus, and the heads of public institutions, who shall formulate an action plan for maritime safety for each relevant agency upon receipt of such notification and shall submit the plan to the Minister. |
| (3) | The details that shall be contained in action plans under paragraph (1) and matters necessary for the procedures, methods, etc. for formulating action plans shall be prescribed by Presidential Decree. |
| Article 9 (Fact-Finding Surveys on Maritime Safety) |
| (1) | The Minister of Oceans and Fisheries shall conduct various fact-finding surveys on maritime safety management every five years, in order to efficiently formulate and implement a master plan and an action plan. |
| (2) | The Minister of Oceans and Fisheries shall reflect the results of fact-finding surveys conducted under paragraph (1) in a master plan and an action plan. |
| (3) | The Minister of Oceans and Fisheries may request the heads of the relevant agencies, corporations, organizations, or facilities to submit materials or present their opinions, in order to conduct fact-finding surveys under paragraph (1). In such cases, a person in receipt of such request shall comply therewith unless there is a compelling reason not to do so. |
| (4) | The details and methods of fact-finding surveys under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 10 (Submission of Master Plans and Action Plans to National Assembly) |
| (1) | Where the Minister of Oceans and Fisheries has formulated or modified a master plan or an action plan, the Minister shall notify such plan to the head of the relevant central administrative agency and the competent Mayor/Do Governor and shall submit the plan to the competent standing committee of the National Assembly without delay. |
| (2) | Where the Minister of Oceans and Fisheries has formulated or modified a master plan or an action plan, the Minister shall publish the plan, as prescribed by Presidential Decree. |
CHAPTER III MARITIME TRAFFIC MANAGEMENT POLICY MEASURES
| Article 11 (Maritime Traffic Management Policy Measures) |
| (1) | The Minister of Oceans and Fisheries shall devise policy measures necessary for maritime traffic management so that safe passage of vessels can be achieved at sea in preparation for changes in the traffic environment of vessels. |
| (2) | In order to implement policy measures for maritime traffic management under paragraph (1), the Minister of Oceans and Fisheries shall periodically assess traffic impacts on coastal sea areas, etc. and publish the results thereof and shall install and manage various maritime traffic facilities, if necessary for the safety of marine navigation. |
| (3) | Matters regarding the establishment, promotion, implementation, etc. of policy measures for maritime traffic management under paragraphs (1) and (2) shall be separately prescribed by statute. |
| Article 12 (Ensuring Safety of Vessels and Marine Facilities) |
| (1) | The Minister of Oceans and Fisheries shall establish policy measures to improve and continuously develop technical standards for the structure, equipment, facilities, etc. of vessels, in order to ensure the safety of vessels. |
| (2) | The Minister of Oceans and Fisheries shall conduct safety management of marine facilities to remove obstacles in the traffic of vessels. |
| (3) | The safety of vessels and the safety management of marine facilities shall be separately prescribed by statute. |
| Article 13 (Training of Professional Human Resources for Maritime Safety Management) |
| (1) | The Minister of Oceans and Fisheries shall establish and promote the following policy measures to train professional human resources that can effectively conduct maritime safety management: |
| 1. | Training professional human resources in each field of maritime safety management; |
| 2. | Providing education and training to strengthen the capabilities of persons engaged in maritime safety management; |
| 3. | Developing and disseminating education programs and teaching materials for persons engaged in maritime safety management; |
| 4. | Training professional human resources necessary for the safety management of vessels, etc. that adopt new technologies; |
| 5. | Other projects deemed necessary to train professional human resources for maritime safety management. |
| (2) | The Minister of Oceans and Fisheries may designate a university, research institute, institution, or organization related to maritime safety management as a professional human resources training institution, to train professional human resources. |
| (3) | The Minister of Oceans and Fisheries may fully or partially subsidize a professional human resources training institution designated pursuant to paragraph (2) to cover the expenses incurred in providing education, training, etc. |
| (4) | Where a professional human resources training institution designated pursuant to paragraph (2) falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the designation: |
| 1. | Where it has obtained the designation by fraud or other improper means; |
| 2. | Where it fails to conduct business affairs assigned following the designation without good cause; |
| 3. | Where it is deemed to lack the capability to conduct business affairs. |
| (5) | Standards and procedures for designation of, and revocation of designation of, professional human resources training institutions under paragraphs (2) and (4), the scope of subsidies under paragraph (3), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 14 (Establishment of Maritime Traffic Safety Information Management System) |
| (1) | The Minister of Oceans and Fisheries may establish and operate a maritime traffic safety information management system (hereafter in this Article referred to as "maritime traffic safety information management system") to comprehensively maintain and manage maritime traffic safety information prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as "maritime traffic safety information"), including information on the causes of marine accidents. |
| (2) | The Minister of Oceans and Fisheries may request the head of a central administrative agency, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a public institution, or the head of an institution or organization or an individual related to maritime safety, who has maritime traffic safety information to provide information necessary to establish and operate the maritime traffic safety information management system and to offer other necessary cooperation. In such cases, a person in receipt of such request shall comply therewith unless there is a compelling reason not to do so. |
| (3) | The Minister of Oceans and Fisheries may share maritime traffic safety information with the relevant central administrative agencies, local governments, public institutions referred to in Article 4 of the Act on the Management of Public Institutions, and relevant institutions and organizations, so that such information can be effectively utilized for maritime safety policies. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the establishment and operation of the maritime traffic safety information management system and the procedures, methods, etc. for sharing maritime traffic safety information shall be prescribed by Presidential Decree. |
| Article 15 (Publication of Information on Safety Levels of Vessels) |
| (1) | In order to ensure the safety of citizens in their use of vessels, the Minister of Oceans and Fisheries may publish the number of marine accidents in which the following vessels have been involved, whether such vessels comply with the standards prescribed by the relevant statutes, regulations, or international conventions on the safety of vessels, and information about the owners, operators, safety management agencies, etc. of the vessels: Provided, That the Minister shall publish information prescribed by Ordinance of the Ministry of Oceans and Fisheries for a vessel involved in any of serious marine accidents prescribed by Presidential Decree, including the summary of the accident and the specification, owner, etc. of the vessel: |
| 3. | Non-Korean vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries which call at a port of the Republic of Korea; |
| 4. | Other vessels for which the Minister of Oceans and Fisheries deems it necessary to provide information on the level of safety, upon request, etc. by maritime safety-related international organizations, including the International Maritime Organization. |
| (2) | Matters necessary for the procedures, methods, etc., for publication under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 16 (Public Disclosure of Safety Investment) |
| (1) | A person prescribed by Ordinance of the Ministry of Oceans and Fisheries who engages in marine passenger transportation services or marine cargo transportation services defined in subparagraph 2 or 3 of Article 2 of the Marine Transportation Act, shall publicly disclose the details of expenditure or investment related to maritime safety recognized by the Minister of Oceans and Fisheries (hereinafter referred to as "safety investment"), such as maintenance of vessel facilities, each year to enhance maritime safety. |
| (2) | Matters necessary for the public disclosure of safety investment under paragraph (1), such as the scope and items of safety investment, standards and procedures therefor, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
CHAPTER IV PROMOTION OF INTERNATIONAL COOPERATION AND MARITIME SAFETY INDUSTRY
| Article 17 (Promotion of International Cooperation) |
| (1) | The Minister of Oceans and Fisheries may promote cooperative projects with international organizations, including the International Maritime Organization, and foreign governments and institutions with regard to various research on trends in maritime safety, development of policies, exchange of human resources and technology, etc. for the development of the maritime safety field. |
| (2) | In order to preemptively respond to new regulation, etc. on maritime safety that the International Maritime Organization intends to introduce, the Minister of Oceans and Fisheries shall lay a foundation for convergence research and development and actively provide various support necessary therefor. |
| Article 18 (Policy Measures to Promote Maritime Safety Industry) |
| (1) | In order to enhance maritime safety, the Minister of Oceans and Fisheries shall establish and implement policy measures to promote the maritime safety industry. |
| (2) | In order to effectively support the development of new industries in the newly emerging field of maritime safety, the Minister of Oceans and Fisheries may implement various support projects, such as conducting related surveys, developing technology, and constructing infrastructure. |
| (3) | The Minister of Oceans and Fisheries may provide necessary support, such as financial assistance, to promote the maritime safety industry. |
| Article 19 (Establishment of Demonstration Facilities Related to Maritime Safety Industry and Development of Model Districts) |
| (1) | The Minister of Oceans and Fisheries shall establish a demonstration infrastructure for vessels, facilities, and equipment that adopt new technologies necessary for maritime safety to strengthen the competitiveness of the maritime safety industry. |
| (2) | The Minister of Oceans and Fisheries may promote the establishment of demonstration facilities, the development of model districts, etc. for demonstration projects in various fields of the maritime safety industry. |
| Article 20 (Master Plans to Comply with International Conventions of International Maritime Organization) |
| (1) | The Minister of Oceans and Fisheries shall formulate a plan to comply with international conventions of the International Maritime Organization (hereinafter referred to as "compliance plan") every seven years. |
| (2) | The Minister of Oceans and Fisheries shall formulate an annual inspection plan (hereinafter referred to as "inspection plan") to implement a compliance plan. |
| (3) | If deemed necessary to formulate or modify a compliance plan and an inspection plan, the Minister of Oceans and Fisheries may request the head of the relevant central administrative agency, the competent Mayor/Do Governor, the head of the relevant Si/Gun/Gu, the head of the relevant public institution, or other interested parties to submit related materials, present opinions, or provide other necessary cooperation. In such cases, a person in receipt of such request shall comply therewith unless there is a compelling reason not to do so. |
| (4) | Details of compliance plans and inspection plans and matters necessary for the procedures, methods, etc. for formulating such plans shall be prescribed by Presidential Decree. |
CHAPTER V PROMOTION OF EDUCATION ON, AND CULTURE OF, MARINE SAFETY
| Article 21 (Implementation of Policy Measures to Promote Education on, and Culture of, Marine Safety) |
The Minister of Oceans and Fisheries shall actively conduct the following projects to raise citizens' awareness of marine safety and promote a marine safety culture:
| 1. | Projects for education on, and experience activities for, marine safety; |
| 2. | Campaigns and publicity projects for raising awareness of marine safety; |
| 3. | Projects for developing and disseminating guidelines for marine safety, such as marine safety instructions; |
| 4. | Projects for identifying and disseminating exemplary cases of a marine safety culture; |
| 5. | Other projects necessary to promote a marine safety culture. |
| Article 22 (Promotion of Marine Safety Education) |
| (1) | The Minister of Oceans and Fisheries shall provide marine safety education so that citizens can prevent and prepare for marine accidents by acquiring knowledge of marine safety. |
| (2) | In order to promote marine safety education, the Minister of Oceans and Fisheries may conduct the following projects: |
| 1. | Developing marine safety education programs and materials; |
| 2. | Conducting projects for experiential marine safety education; |
| 3. | Providing education and training of instructors specializing in marine safety education; |
| 4. | Conducting surveys on awareness of, and demand for, marine safety education; |
| 5. | Conducting other projects necessary to promote marine safety education. |
| Article 23 (Marine Safety Charter) |
| (1) | In order to raise citizens' awareness of marine safety and prevent marine accidents, the Minister of Oceans and Fisheries may establish and publicly notify a marine safety charter that provides for matters regarding marine safety and matters that shall be observed by persons who conduct business affairs related to marine safety, such as maritime safety management. |
| (2) | Administrative agencies, etc. involved in marine safety shall broadly inform interested parties of the details of the marine safety charter under paragraph (1) by posting the charter on related facilities, vessels, etc. or by other means and shall take necessary measures so that such parties can practice it. |
| Article 24 (Marine Safety Day) |
The Minister of Oceans and Fisheries may designate a Marine Safety Day and hold events necessary therefor to raise citizens' awareness of marine safety, as prescribed by Presidential Decree.
| (1) | The Minister of Oceans and Fisheries may select an institution, corporation, organization, or individual that has significantly contributed to marine safety to grant an award. |
| (2) | The standards and procedures for granting awards under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 26 (Investigations and Inspections) |
| (1) | If the Minister of Oceans and Fisheries deems it necessary for maritime safety, the Minister may require an institution, corporation, or organization involved in marine safety to report matters regarding its business affairs or order such entity to submit materials and may authorize public officials under his or her jurisdiction to conduct an investigation or inspection of documents. |
| (2) | A public official, etc. who conduct an investigation or inspection under paragraph (1) shall carry identification verifying his or her authority and present it to relevant persons. |
The Minister of Oceans and Fisheries shall hold a hearing to revoke the designation of a professional human resources training institution pursuant to Article 13 (4).
| Article 28 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Oceans and Fisheries under this Act may be delegated to the head of an institution under his or her jurisdiction or the head of a local government, as prescribed by Presidential Decree. |
| (2) | The Minister of Oceans and Fisheries may entrust part of his or her duties under this Act to a specialized institution related to maritime safety, as prescribed by Presidential Decree. |
| Article 29 (Confidentiality) |
A person who conducts or conducted business affairs entrusted to a specialized institution pursuant to Article 28 (2) shall neither divulge confidential information learned in the course of performing his or her duties nor use such information for any purpose other than the duties: Provided, That the foregoing shall not apply where the Minister of Oceans and Fisheries deems that such divulgence or use is necessary for maritime safety.
| Article 30 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
CHAPTER VII PENALTY PROVISIONS
| Article 31 (Penalty Provisions) |
A person who divulges confidential information learned in the course of performing his or her duties or uses such information for any purpose other than the duties, in violation of Article 29 shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won.
| Article 32 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation described in Article 31 in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine prescribed in that Article in addition to punishing the violator accordingly: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision regarding the relevant business affairs to prevent such violation.
| Article 33 (Administrative Fines) |
| (1) | A person who fails to make a public disclosure under Article 16 (1) or makes a false public disclosure shall be subject to an administrative fine not exceeding three million won. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: |
| 1. | A person who refuses to file a report or to submit materials as prescribed in Article 26 (1) or files a false report or submits false materials; |
| 2. | A person who refuses, interferes with, or evades an investigation or inspection under Article 26 (1). |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. |
ADDENDA <Act No. 19572, Jul. 25, 2023>
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 16 and 33 (1) shall enter into force two years after the date of the promulgation. Article 2 (Applicability to Fact-Finding Surveys on Maritime Safety)
The amended provisions of Article 9 shall begin to apply to the first national master plan for maritime safety and the first action plan for maritime safety to be formulated after this Act enters into force. Article 3 (Special Cases regarding Pilot Projects)
The Minister of Oceans and Fisheries may conduct pilot projects before the amended provisions of Article 16 enter into force to facilitate the public disclosure system for safety investment. Article 4 (General Transitional Measures)
Dispositions made, procedures taken, or other acts performed under the previous Maritime Safety Act as at the time this Act enters into force shall be deemed to have been made, taken, or performed pursuant to the relevant provisions of this Act, if any. Article 5 (Transitional Measures regarding National Master Plans for Maritime Safety)
A national master plan for maritime safety, an action plan for maritime safety, or a plan to respond to a member state audit by the International Maritime Organization formulated pursuant to Article 6, 7, or 7-3 of the previous Maritime Safety Act as at the time this Act enters into force shall be deemed a plan formulated pursuant to the amended provisions of Article 7, 8, or 20 of this Act. Article 6 Omitted.
Article 7 (Relationship to Other Statutes or Regulations)
A citation of the previous Maritime Safety Act or any provision thereof by any other statutes or regulations as at the time this Act enters into force shall be deemed a citation of this Act or the relevant provision hereof, if any, in lieu of such previous Act or provision.