The purpose of this Decree is to prescribe matters mandated by the Maritime Traffic Safety Act and matters necessary for the enforcement thereof.
| Article 2 (Business affecting marine traffic safety) |
"Projects prescribed by Presidential Decree" in subparagraph 14 (e) of Article 2 of the Maritime Safety Act (hereinafter referred to as the "Act") means any of the following services using vessels with a maximum speed of at least 60 knots per hour:
| Article 3 (Scope of application to non-Korean vessels) |
Articles 46 (2) and (3), 49, 51, and 52 of the Act shall apply to a non-Korean vessel (referring to a vessel specified in Article 3 (1) 1 (a) and (b) of the Act) pursuant to the proviso of Article 3 (1) 1 of the Act; provided, this shall not apply to a vessel specified in Article 3 (1) 1 (b) of the Act that has a certification certificate issued by the country to which the vessel belongs or by a certification institution recognized by such country.
| Article 4 (Public notice of sheltered waters) |
| (1) | If the Minister of Oceans and Fisheries designates sheltered waters pursuant to Article 5 (1) of the Act, the Minister shall publicly notify the location and scope of the sheltered waters and mark such waters on nautical charts. The same shall also apply when changing or abrogating the sheltered waters. |
| (2) | The scope of sheltered waters prescribed in Article 5 (1) of the Act shall be determined in consideration of the traffic volume of vessels in sea areas near marine facilities specified in Article 3 (1) 4 of the Act and the international standards prescribed in the United Nations Convention on the Law of the Sea. |
| Article 5 (Scope of specific sea areas for traffic safety) |
The scope of specific sea areas for traffic safety prescribed in Article 7 (1) of the Act shall be as specified in attached Table 1.
| Article 6 (Scope of sea areas subject to prohibition of passage of oil tankers) |
The scope of sea areas subject to prohibition against passage of oil tankers under the provisions, with the exception of the subparagraphs, of Article 11 (1) of the Act shall be as specified in attached Table 2.
| Article 7 (Scope of sea areas subject to prohibition against sea trials) |
The scope of sea area subject to prohibition against sea trials prescribed in Article 12 (1) of the Act shall be as specified in attached Table 3.
| Article 8 (Scope of projects subject to safety examination) |
| (1) | The scope of projects subject to safety examination (hereinafter referred to as "projects subject to safety examination") for which marine traffic safety examinations shall be conducted pursuant to Article 13 (1) and (2) of the Act and the result of such examinations (hereinafter referred to as "safety examination report") shall be submitted, shall be as specified in attached Table 4. |
| (2) | If a plan for a project subject to safety examination is modified after a marine traffic safety examination is conducted on the relevant project, the marine traffic safety examination shall be conducted only with respect to the safety examination standards under Article 13 (1) of the Act relating to the modified matters. |
| Article 9 (Designation of institutions specialized in marine traffic safety examinations) |
"Institutions specialized in marine traffic safety examinations prescribed by Presidential Decree" in Article 13 (6) of the Act means the following institutions: | 1. | The Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act (hereinafter referred to as the "Korea Maritime Transportation Safety Authority"); |
| 2. | Other institutions or organizations recognized and publicly notified by the Minister of Oceans and Fisheries as having technical and financial capability and equipment to conduct marine traffic safety examinations. |
| Article 10 (Timing for submission of verification results) |
A disposing authority prescribed in Article 13 (2) of the Act (hereinafter referred to as “disposing authority”) shall submit a verification result under Article 16 (2) of the Act to the Minister of Oceans and Fisheries within 3 months both after the commencement and after the completion of a project subject to safety examination; provided, a verification result shall be submitted only once for a project specified in the subparagraph 14 (b) of Article 2 of the Act within 3 months after the completion thereof, and for a project specified in item (e) of that subparagraph within 3 months after the commencement thereof.
| Article 11 (Measures taken by disposing authorities) |
If a disposing authority orders the suspension of a project pursuant to Article 16 (4) of the Act, the authority shall notify the details thereof to the Minister of Oceans and Fisheries without delay.
| Article 12 (Maritime traffic safety examinations by State organs or local governments) |
| (1) | If the head of a State organ or a local government (hereinafter referred to as the "head of a State organ, etc.") intends to implement projects subject to safety examination specified in attached Table 4 pursuant to Article 17 (1) of the Act, the head shall conduct a marine traffic safety examination in accordance with the standards for safety examinations under Article 13 (1) of the Act and shall submit a safety examination report to the Minister of Oceans and Fisheries and request consultations thereon, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | If the head of a State organ, etc. intends to request the Minister of Oceans and Fisheries for reconsultation pursuant to the main clause of Article 17 (3) of the Act, the head shall submit a written objection that includes the following to the Minister of Oceans and Fisheries: |
| 1. | The details and grounds for an objection against the review opinion of the Minister of Oceans and Fisheries under the former part of Article 17 (2) of the Act; |
| 2. | Opinions to amend the review opinion of the Minister of Oceans and Fisheries under the former part of article 17 (2) of the Act; |
| 3. | Data on the analysis of the validity of opinions to the review opinion under subparagraph 2. |
| (3) | The review results of the Minister of Oceans and Fisheries prescribed in the main clause of Article 17 (4) of the Act shall include the following: |
| 1. | Whether to accept the objection filed by the head of a State organ, etc. pursuant to Article 17 (3) of the Act, and the results of the validity analysis of such objection; |
| 2. | The details of additional measures, etc., if such measures, etc. are needed to ensure maritime safety in connection with the implementation of a project subject to safety examination. |
| (4) | Article 10 shall apply mutatis mutandis to the submission of the results of compliance under Article 17 (5) of the Act. In such cases, "disposing authority under Article 13 (2) of the Act" shall be construed as "the head of a State organ, etc.", "Article 16 (2) of the Act" as "Article 17 (5) of the Act", and "results of verification" as "results of compliance". |
| (5) | Upon receipt of a written opinion under Article 17 (9) of the Act, the Minister of Oceans and Fisheries shall examine whether a safety examination report needs to be submitted within 30 days from the date of receiving the written opinion and shall notify the examination results to the head of the State organ, etc. that has submitted the written opinion. In such cases, the period required to supplement the documents of the written opinion shall not be included in the period for notification. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the preparation and submission of safety examination reports, written objections, and written opinions by the heads of State organs, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 13 (Collection of costs) |
| (1) | If the Minister of Oceans and Fisheries intends to dispose of an obstruction to navigation or a vessel that has created an obstruction to navigation pursuant to Article 28 (2) of the Act, such disposal shall be made by public auction; provided, if the obstruction to navigation or the vessel that created the obstruction to navigation is likely to be valued less than the cost of the public auction, the disposal may be made by any method other than public auction. |
| (2) | If the Minister of Oceans and Fisheries intends publicly auction an obstruction to navigation or a vessel that has created an obstruction to navigation pursuant to the main clause of paragraph (1), the Minister shall publicly announce the following information on the bulletin board or website of the Ministry of Oceans and Fisheries for 7 days: |
| 1. | The name and details of an object to be auctioned publicly; |
| 2. | The venue, date, and time of the public auction; |
| 3. | The amount of a bid bond, if such bond is to be received. |
| (3) | The Minister of Oceans and Fisheries shall deposit the remaining amount of the money acquired through public auction under paragraphs (1) and (2), if any, after deducting the cost of marking, removal, public auction, etc. of the relevant object, in accordance with the Deposit Act. |
| Article 14 (Obstructions to marine traffic) |
| (1) | “Waters prescribed by Presidential Decree” in the main clause of Article 33 (3) of the Act means waters determined and publicly notified by the chief of a coast guard station in consideration of maritime safety, maritime traffic conditions, etc. |
| (2) | If the chief of a coast guard station determines and publicly notifies waters pursuant to paragraph (1), the chief shall post the details thereof at a conspicuous place easily seen by people using the relevant waters. |
| Article 15 (Permission for marine leisure activities) |
| (1) | A person who intends to obtain permission from the chief of a coast guard station pursuant to the proviso of Article 33 (3) of the Act shall be equipped with equipment necessary for safety, including lifesaving appliances, and shall submit an application for permission to the chief of the competent coast guard station, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Upon receipt of an application for permission under paragraph (1), the chief of a coast guard station shall determine whether to grant permission, taking into comprehensive consideration potential obstructions to safe marine traffic, marine traffic conditions, etc. |
| (3) | If the chief of a coast guard station grants permission pursuant to the proviso of Article 33 (3) of the Act, the chief shall issue a permit in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries to the applicant. |
| (4) | If a person granted permission under paragraph (3) intends to engage in any activity specified in the subparagraphs of Article 14 (3), the person shall carry the relevant permit and present it upon request by a public official of a coast guard station. |
| (5) | A public official requesting the presentation of a permit under paragraph (4) shall present identification verifying his or her authority to relevant persons. |
| Article 16 (Notification of order to halt or sail back vessels) |
An order to halt or sail back a vessel under Article 38 (2) of the Act shall be communicated to a person on duty for navigation on the relevant vessel, by easily understandable methods such as voice, sound, semaphore, light signal, flag signaling, and radio communications.
| Article 17 (Vessels required to establish and implement safety management system) |
"Vessels prescribed by Presidential Decree" in the proviso of Article 46 (2) 5 of the Act means any of the following vessels: | 1. | An oil tanker, gas carrier, or chemical tanker with a gross tonnage of at least 100 tons but less than 500 tons (including a barge connected to a motor vessel in close proximity to each other), which is engaged in marine cargo transportation services prescribed in Article 23 of the Marine Transportation Act; |
| (a) | A barge with a gross tonnage of at least 2,000 tons or with a length of at least 100 meters; |
| (b) | A structure with a length of at least 100 meters; |
| (c) | At least 2 barges that are pushed or pulled by each barge, with a combined gross tonnage of at least 2,000 tons; |
| (d) | At least 2 structures that are pushed or pulled, with a combined total length of at least 100 meters; |
| (e) | A barge and a structure that are pushed or pulled, with a combined total length of at least 100 meters; |
| 3. | A dredge with a gross tonnage of at least 500 tons, which is engaged in international navigation. |
| Article 18 (Duties of designated persons) |
"Duties prescribed by Presidential Decree" in Article 48 (1) 7 of the Act means duties to support safety measures taken by a master, such as providing assistance to the suspension of work and evacuation of seafarers performed on a vessel or at a harbor in the event of a disaster.
| Article 19 (Designation of recognized organizations) |
| (1) | The Minister of Oceans and Fisheries may designate an institution, corporation, or organization that meets all of the following requirements as a recognized organization to provide agency services for verification specified in the subparagraphs of Article 50 (1) of the Act (hereinafter referred to as "recognized organization") pursuant to the former part, with the exception of the subparagraphs, of Article 50 (1) of the Act: |
| 1. | It shall have an organization dedicated to verification; |
| 2. | It shall have at least 7 auditors who meet the qualification requirements specified in attached Table 5 (referring to persons engaged in verification under Article 50 (3) of the Act; hereinafter the same shall apply); |
| 3. | It shall have at least 11 local offices; in such cases, at least 1 local office shall be located in each of at least 7 Metropolitan Cities, Dos, or Special Self-Governing Provinces; |
| 4. | It shall have at least 4 overseas offices (applicable only when the designation as a recognized organization is intended for vessels engaged in international navigation). |
| (2) | A person who intends to be designated as a recognized organization shall submit an application for designation in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents: |
| 1. | A document verifying that the requirements for designation specified in the subparagraphs of paragraph (1) are met; |
| 2. | A business plan regarding the scope of verification; |
| 3. | Its organization and work rules; |
| 4. | The articles of incorporation (applicable only to a corporation). |
| 5. | Other documents publicly notified by the Minister of Oceans and Fisheries as deemed necessary for verification. |
| (3) | Upon receipt of an application for designation submitted pursuant to paragraph (2), the Minister of Oceans and Fisheries shall determine whether to designate the applicant as a recognized organization after comprehensively examining whether the applicant meets the requirements for designation specified in the subparagraphs of paragraph (1), the feasibility of a business plan, etc. |
| (4) | Upon designation of a recognized organization, the Minister of Oceans and Fisheries shall issue a certificate of designation in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries and shall publicly notify the following matters in the Official Gazette or on the website of the Ministry of Oceans and Fisheries: |
| 1. | The name and address of the recognized organization; |
| 2. | The name of its representative; |
| 3. | The location of its main office and local offices; |
| 4. | The location of its overseas offices (applicable only where it has overseas offices); |
| 5. | The scope of verification; |
| 6. | The year, month, and date of its designation as a recognized organization. |
| (5) | An agreement to be concluded between the Minister of Oceans and Fisheries and a recognized organization pursuant to the latter part, with the exception of the subparagraphs, of Article 50 (1) of the Act shall include the following: |
| 1. | Details and scope of the agency services; |
| 2. | The period of the agency services; |
| 3. | Other matters publicly notified by the Minister of Oceans and Fisheries as deemed necessary for agency services for verification. |
| Article 20 (International conventions on maritime safety) |
"International conventions on maritime safety prescribed by Presidential Decree" in Article 57 (1) of the Act means international conventions on maritime safety adopted and implemented by the International Maritime Organization, etc., that have been concluded and ratified by the Republic of Korea.
| Article 21 (Maritime safety supervisors) |
| (1) | The qualification requirements for a maritime safety supervisor under Article 60 (2) of the Act (hereinafter "maritime safety supervisor") shall be as specified in attached Table 6. |
| (2) | Notwithstanding paragraph (1), the head of an agency (applicable only to the head of a local government) delegated with the authority to provide guidance and supervision by the Minister of Oceans and Fisheries may partially relax the qualification requirements under paragraph (1) for a maritime safety supervisor assigned to an agency to which such head belongs pursuant to the proviso of Article 60 (2) of the Act, in any of the following cases; in such cases, the head shall hear the opinion of the Minister of Oceans and Fisheries in advance: |
| 1. | Where it is deemed necessary to relax the qualification requirements under paragraph (1), taking into account the scale, etc. of a vessel or the place of business subject to guidance and supervision prescribed in Article 60 (1) of the Act; |
| 2. | Where it is impracticable to employ a person meeting the qualification requirements under paragraph (1) as a maritime safety supervisor. |
| (3) | A maritime safety supervisor to be assigned to the Ministry of Oceans and Fisheries under the main clause of Article 60 (2) of the Act shall be appointed and dismissed by the Minister of Oceans and Fisheries; and a maritime safety supervisor to be assigned to an agency whose head is delegated with the authority of the Minister of Oceans and Fisheries to provide guidance and supervision pursuant to the proviso of that paragraph shall be appointed and dismissed by the head of such agency. |
| (4) | A maritime safety supervisor shall perform the following duties: |
| 1. | Guidance and supervision prescribed in Article 60 (1) of the Act; |
| 2. | Other duties deemed necessary and determined by the Minister of Oceans and Fisheries to prevent maritime accidents, to ascertain whether maritime safety control has been properly performed, or to ascertain the execution and implementation of an order to take measures or to detain a vessel prescribed in Article 61 of the Act. |
| (5) | The Minister of Oceans and Fisheries shall determine and publicly notify matters necessary for the methods, procedures, etc. for performing duties of maritime safety supervisors under paragraph (4). |
| Article 22 (Filing objections against order to detain vessels) |
| (1) | A person who intends to raise an objection pursuant to Article 62 (1) of the Act shall submit to the Minister of Oceans and Fisheries the grounds for the objection and documents evidencing such grounds. |
| (2) | If necessary to review an objection under paragraph (1), the Minister of Oceans and Fisheries may request necessary documents from the master, the shipowner, or the classification society (referring to the classification society under Article 60 (2) of the Ship Safety Act; hereinafter the same shall apply) of the relevant vessel, or a nation, etc. where the relevant vessel is registered, or may hear opinions of the relevant experts. |
| (3) | If the Minister of Oceans and Fisheries deems that an objection filed pursuant to paragraph (1) is reasonable, the Minister shall immediately revoke the relevant order to detain the relevant vessel or to make a correction or supplementation. |
| Article 23 (Eligibility to apply for qualifying examination for vessel safety managers) |
| (1) | The grades of vessel safety managers under Article 64 (1) of the Act shall be classified into Grades 1, 2, and 3. |
| (2) | “Application eligibility prescribed by Presidential Decree” in the main clause of Article 64 (3) of the Act means eligibility to take the qualifying examination for each grade of vessel safety supervisors under attached Table 7. |
| (3) | “Person prescribed by Presidential Decree, such as a holder of qualifications related to the safety management of vessels under the National Technical Qualifications Act or any other statute” in the proviso of Article 64 (3) of the Act means any of the following persons: |
| 1. | An officer of 3rd class or higher under Article 4 (2) 1 of the Ship Officers Act (in cases of a limited license, applicable only to a merchant ship officer's license under Article 4 (1) 1 of the Enforcement Decree of that Act) or an engineer officer of 3rd class or higher under Article 4 (2) 2 of that Act; |
| 2. | A person who has been issued with a certificate of endorsement recognized as having the same occupational category and class as qualifications specified in subparagraph 1 pursuant to Article 10-2 (2) of the Ship Officers Act; |
| Article 24 (Subjects and methods of examination) |
| (1) | The qualifying examination for vessel safety managers under Article 64 (3) of the Act (hereinafter referred to as "qualifying examination") shall be classified into a written examination and an interview test, and the methods of the qualifying examination for each grade shall be as specified in attached Table 8. |
| (2) | The subjects of the qualifying examination and the criteria for partial exemption from the subjects of the qualifying examination for any person specified in the subparagraphs of Article 23 (3) shall be as specified in attached Table 9. |
| (3) | Successful applicants for the qualifying examination shall be determined according to the following classifications: |
| 1. | Written examination: The score of each subject shall be at least 40, and the average score of all subjects shall be at least 60, on a 100-point scale for each subject; |
| 2. | Interview test: A score of at least 60 points out of 100 points. |
| (4) | A person who has passed a written examination among the qualifying examination of Grade 2 or higher shall be exempted from the written examination for 4 years from the date the person passed the written examination; provided, if an interview test has been conducted less than 4 times during the 4-year period from the date the person passed the written examination, the written examination necessary to take the relevant interview test shall be exempted only for the single subsequent interview test. |
| Article 25 (Administration of examinations and determination of successful applicants) |
| (1) | The Minister of Oceans and Fisheries shall administer a qualifying examination once a year; provided, the Minister may increase or decrease the frequency of such examination if deemed necessary, taking into account the demand for vessel safety managers, etc. |
| (2) | If the Minister of Oceans and Fisheries intends to administer a qualifying examination, the Minister shall publicly announce a plan for administering the qualifying examination, including the following information, on the website of the Ministry of Oceans and Fisheries (if the business affairs regarding the qualifying examination are entrusted pursuant to Article 29 (2), referring to the website of the entrusted institution; hereafter in this Article, the same shall apply) by no later than 90 days before the date of administering the qualifying examination: |
| 1. | Eligibility to take the examination; |
| 2. | The subjects of the examination and the ratio of questions prepared for each subject; |
| 3. | The date and place of the examination and procedures for applying for the examination; |
| 4. | Other matters necessary for administering the examination. |
| (3) | The Minister of Oceans and Fisheries shall appoint or commission examiners from among any of the following persons (including public officials of the Ministry of Oceans and Fisheries) to prepare and score the qualifying examination: |
| 1. | A person who has obtained a doctoral degree in a field related to maritime safety or vessel safety; |
| 2. | A person who has served as an assistant professor or higher in a department related to maritime safety or vessel safety at a university or college defined in subparagraph 1 of Article 2 of the Higher Education Act for at least 2 years; |
| 3. | A person who has served as a designated person under Article 47 (1) of the Act (hereinafter referred to as "designated person") for at least 7 years; |
| 4. | A person who has worked for at least 7 years at a specialized institution related to maritime safety or vessel safety; |
| 5. | Other persons recognized by the Minister of Oceans and Fisheries as having expertise in maritime safety or vessel safety. |
| (4) | A person who intends to apply for a qualifying examination shall submit an application for qualifying examination in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with relevant documents evidencing his or her eligibility to apply for the examination. |
| (5) | When the Minister of Oceans and Fisheries determines successful applicants for the qualifying examination, the Minister shall publicly announce the results thereof on the website of the Ministry of Oceans and Fisheries. |
| (6) | The Minister of Oceans and Fisheries shall issue a qualification certificate to a successful applicant under paragraph (5), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the management and operation of qualifying examinations shall be determined by the Minister of Oceans and Fisheries. |
| Article 26 (Vessel Safety Manager's Association) |
The articles of incorporation of the Vessel Safety Managers' Association under Article 105 (3) of the Act shall include the following: | 3. | The location of its office (including a branch or a business place); |
| 4. | Matters regarding its business and the execution thereof; |
| 5. | Matters regarding the qualifications for membership and admission to and withdrawal from membership; |
| 6. | Matters regarding the rights and obligations of members; |
| 7. | Matters regarding its executive officers and employees; |
| 8. | Matters regarding its general meetings and board of directors; |
| 9. | Matters regarding its organ and organization; |
| 10. | Matters regarding its property and accounting; |
| 11. | Matters regarding the amendments to its articles of incorporation; |
| 12. | Matters regarding the methods of public announcement. |
| Article 27 (Custody and disposal of vessels) |
| (1) | If vessels, etc. in custody fall under any of the following categories and therefore the custody of such vessels, etc. is deemed to be inappropriate, the Minister of Oceans and Fisheries may sell them by public auction and keep the proceeds from the auction pursuant to Article 106 (2) of the Act: |
| 1. | Where the vessels, etc. are likely to be destroyed, damaged, or corrupted, or the prices thereof are likely to fall significantly; |
| 2. | Where the vessels, etc. contain explosives, combustibles, or objects harmful to health or other hazards are likely to occur while in custody; |
| 3. | Where the storage costs of objects are significantly higher than the prices thereof. |
| (2) | The Minister of Oceans and Fisheries shall deposit the remaining amount of the money acquired through public auction under paragraph (1), if any, after deducting the cost of the custody, public auction, etc. of the relevant objects, in accordance with the Deposit Act. |
| Article 28 (Delegation of authority) |
| 1. | Permission for entry into sheltered waters and attachment of conditions necessary for such permission under Article 5 (2) and (3) of the Act and consultation with the heads of relevant administrative agencies regarding the permission under paragraph (4) of that Article; |
| 2. | Management of entry into sheltered waters under Article 6 of the Act; |
| 3. | Implementation of a fairway designation scheme under Article 7 (2) of the Act; |
| 4. | Receipt and public notice of reports on permission under Article 10 (2) of the Act; |
| 5. | Receipt and review of written opinions and notification of results of review under Articles 14 (1) and (2) and 17 (9) of the Act; |
| 6. | Orders for marking of obstructions to navigation or taking measures under Article 25 (2) of the Act and direct marking of obstructions to navigation under paragraph (3) of that Article; |
| 7. | Determination of hazards of obstructions to navigation under Article 26 (1) of the Act; |
| 8. | Orders to remove obstructions to navigation under Article 27 (2) of the Act and direct removal of obstructions to navigation under paragraph (3) of that Article; |
| 9. | Demanding of submission of documents guaranteeing payment of costs under Article 28 (1) of the Act; |
| 10. | Denial of entry into, or departure from, domestic ports or denial of granting permission to use domestic mooring facilities under Article 29 of the Act; |
| 11. | Public notice of matters necessary for the safety of navigation of vessels under Article 30 (1) of the Act; |
| 12. | Designation and operation of waters, etc. under Article 30 (2) of the Act; |
| 13. | Permission for non-Korean vessels to pass through inland waters of the Republic of Korea under Article 31 (1) of the Act; |
| 14. | Orders to control the departure of vessels under Article 36 of the Act (excluding passenger vessels and fishing vessels); |
| 15. | Receipt of a request to revoke a certificated officer's license or suspend the validity of such license under Article 42 of the Act; |
| 16. | The establishment, management, and operation of navigational aids under Article 44 (1) of the Act and the receipt of a request for the establishment of aids to navigation under paragraph (2) of that Article; |
| 17. | Orders to take measures under Article 45 (4) of the Act; |
| 18. | Receipt of notification of entrustment of the establishment and implementation of a safety management system under the latter part of Article 46 (4) of the Act; |
| 19. | Receipt of reports under Article 47 (3) of the Act; |
| 20. | Orders for performance under Article 47 (5) of the Act; |
| 21. | Receipt of a notification given by a designated person, stating that a request to take measures has failed to be complied with, pursuant to the latter part of Article 48 (4) of the Act; |
| 22. | Orders issued to designated persons and safety management personnel to perform their duties under Article 48 (6) of the Act; |
| 23. | Request for replacement of designated persons and safety management personnel under the former part of Article 48 (7) of the Act; |
| 24. | Initial, renewal, intermediate, and interim verifications specified in Article 49 (1) 1 through 4 of the Act (excluding WIG craft and vessels engaged in international navigation and their respective companies); |
| 25. | Additional verifications specified in Article 49 (1) 5 of the Act; |
| 26. | Issuance of a certificate, and extension or suspension of the validity thereof under Article 51 (1), (2), (5), and (6) of the Act (excluding WIG craft and vessels engaged in international navigation and their respective companies); |
| 27. | Registration of, or registration of modifications of, safety management agency services under Article 53 (1) of the Act; |
| 28. | Acceptance of reports on the succession to rights and obligations of safety management agency services under Article 55 (1) of the Act; |
| 29. | Acceptance of reports on temporary or permanent closure of safety management agency services under Article 55 (2) of the Act; |
| 30. | Revocation of the registration of safety management agency services and orders to suspend business operations under Article 56 (1) of the Act; |
| 31. | Port state control under Article 57 (1) of the Act and measures, such as vessel detention orders, and cancellation of such measures under paragraphs (2) and (3) of that Article; |
| 32. | Inspections and additional inspections under Article 58 (1) and (2) of the Act and orders of correction or supplementation or vessel detention orders under paragraph (3) of that Article; |
| 33. | Guidance and supervision of maritime safety supervisors under Article 60 (1) of the Act; |
| 34. | Orders to take measures and to detain vessels under Article 61 of the Act; |
| 35. | Collection of fees under Article 63 of the Act; |
| 36. | Necessary measures under Article 106 (1) of the Act; |
| 37. | Hearings under subparagraph 4 of Article 108 of the Act; |
| 38. | Imposition and collection of administrative fines under Article 118 (2) 2 and 3 of the Act; |
| 39. | Imposition and collection of administrative fines under Article 118 (3) 1 through 5 (in the case of subparagraphs 4 and 5, applicable only to administrative fines applied mutatis mutandis pursuant to Article 55 (1) or (2) of the Act), 11, and 16 through 22 of the Act; |
| 40. | Imposition and collection of administrative fines under Article 118 (3) 8 through 10 of the Act; |
| 41. | Imposition and collection of administrative fines under Article 118 (4) of the Act; |
| 42. | Imposition and collection of administrative fines under Article 118 (5) 1 of the Act. |
| 1. | Orders for marking of obstructions to navigation or taking measures under Article 25 (2) of the Act and direct marking of obstructions to navigation under paragraph (3) of that Article; |
| 2. | Determination of hazards of obstructions to navigation under Article 26 (1) of the Act; |
| 3. | Orders to remove obstructions to navigation under Article 27 (2) of the Act and direct removal of obstructions to navigation under paragraph (3) of that Article; |
| 4. | Demanding of submission of documents guaranteeing payment of costs under Article 28 (1) of the Act; |
| 5. | Denial of entry into, or departure from, domestic ports or denial of granting permission to use domestic mooring facilities under Article 29 of the Act; |
| 6. | Guidance and supervision of maritime safety supervisors under Article 60 (1) of the Act; |
| 7. | Orders to take measures and to detain vessels under Article 61 of the Act; |
| 8. | Necessary measures under Article 106 (1) of the Act; |
| 9. | Imposition and collection of administrative fines under Article 118 (2) 2 and 3 of the Act; |
| 10. | Imposition and collection of administrative fines under Article 118 (3) 8 through 10 of the Act. |
| (3) | The Commissioner General of the Korea Coast Guard shall delegate the following authority to the chiefs of coast guard stations pursuant to Article 109 (1) of the Act: |
| 1. | Consultation on licenses, permission, etc. for fishery business in specific sea areas for traffic safety under Article 9 (4) of the Act; |
| 2. | Permission for works or operations under Article 10 (1) of the Act, reporting on permission under paragraph (2) of that Article, and orders to suspend works or operations and revocation of permission under Article 10 (3) of the Act; |
| 3. | Request for revocation of, or suspension of the validity of, licenses of certificated officers under Article 42 of the Act; |
| 4. | Request for installation of aids to navigation under Article 44 (2) of the Act; |
| 5. | Hearings under subparagraph 1 of Article 108 of the Act. |
| (4) | The Minister of Oceans and Fisheries shall delegate the authority to control the departure of passenger vessels and fishing vessels prescribed in Article 36 of the Act to the chiefs of coast guard stations, pursuant to Article 109 (2) of the Act. |
| Article 29 (Entrustment of business affairs) |
| (1) | Pursuant to Article 109 (3) of the Act, the Minister of Oceans and Fisheries shall entrust the Korea Institute of Maritime and Fisheries Technology established under the Korea Institute of Maritime and Fisheries Technology Act (hereinafter referred to as the "Korea Institute of Maritime and Fisheries Technology") or a recognized organization with business affairs regarding education under Article 48 (3) of the Act. |
| (2) | Pursuant to Article 109 (3) of the Act, the Minister of Oceans and Fisheries shall entrust the Korea Institute of Maritime and Fisheries Technology with the following business affairs regarding qualifying examinations: |
| 1. | Administration of qualifying examinations under Article 25 (1); |
| 2. | Public announcement of plans for administering qualifying examinations under Article 25 (2); |
| 3. | Appointment or commission of examiners under Article 25 (3); |
| 4. | Receipt of application forms and related documents under Article 25 (4); |
| 5. | Public announcement of successful applicants under Article 25 (5); |
| 6. | Issuance of a qualification certificate under Article 25 (6) (referring to a certificate of qualification issued in the name of the Minister of Oceans and Fisheries); |
| 7. | Determination of matters necessary for the management and operation of qualifying examinations under Article 25 (7). |
| (3) | If the Minister of Oceans and Fisheries partially entrusts business affairs under this Act pursuant to Article 109 (3) of the Act, the Minister shall determine and publicly notify the name and address of an institution entrusted with such affairs, the details of, and methods of handling, entrusted affairs, and other necessary matters. |
| Article 30 (Management of Personally Identifiable Information) |
| 1. | Business affairs regarding education under Article 48 (3) of the Act; |
| 2. | Business affairs regarding verifying eligibility to take qualifying examinations and persons eligible for partial exemption from qualifying examinations under Article 64 (3) of the Act; |
| 3. | Business affairs regarding the issuance of qualification certificates under Article 64 (6) of the Act; |
| 4. | Business affairs regarding verification of grounds for disqualification under Article 66 of the Act; |
| 5. | Business affairs regarding the revocation or suspension of qualification under Article 67 of the Act. |
| Article 31 (Re-examination of regulation) |
The Minister of Oceans and Fisheries shall examine the appropriateness of the scope of sea areas subject to prohibition against sea trials under Article 7 and attached Table 3 every 3 years, counting from January 26, 2024 (referring to the period that ends on the day before the relevant base date of every 3rd year) and shall take measures such as making improvements.
| Article 32 (Criteria for imposing administrative fines) |
The criteria for imposing administrative fines under Article 118 (1) through (5) of the Act shall be as specified in attached Table 10.
ADDENDA <Presidential Decree No. 34153, Jan. 16, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on January 26, 2024; provided, the amended provisions of subparagraph 2 (av) (ii) of attached Table 10 shall enter into force on July 26, 2025.
Article 2 (Special cases regarding vessels subject to establishing safety management system)
| (1) | Notwithstanding the amended provisions of subparagraph 1 of Article 15 of the Enforcement Decree of the Maritime Traffic Safety Act (Presidential Decree No. 23373), in cases of an oil tanker, gas carrier, or chemical tanker with a gross tonnage of at least 100 tons but less than 200 tons (including a barge connected to a motor vessel in close proximity to each other), the scope of application shall be a vessel registered under Article 8 of the Ship Act after July 1, 2012 and used for marine cargo transportation services prescribed in Article 23 of the Marine Transportation Act. |
| (2) | Notwithstanding the amended provisions of subparagraph 2 (a) and (c) of Article 15 of the Enforcement Decree of the Maritime Traffic Safety Act (Presidential Decree No. 23373), in cases of a vessel pulling or pushing a barge with a gross tonnage of at least 2,000 tons but less than 3,000 tons or at least 2 barges with a combined gross tonnage of at least 2,000 tons but less than 3,000 tons, the scope of application shall be a vessel registered under Article 8 of the Ship Act after July 1, 2012 and used for marine cargo transportation services prescribed in Article 23 of the Marine Transportation Act. |
Article 3 (General transitional measures)
Determinations or dispositions made, procedures taken, or other acts performed under the previous Enforcement Decree of the Maritime Safety Act as at the time this Decree enters into force shall be deemed to have been made, taken, or performed pursuant to the relevant provisions of this Decree, if any. Article 4 (Transitional measures regarding scope of projects subject to safety examinations)
Article 5 (Transitional measures regarding qualification requirements for auditors and maritime safety supervisors)
Article 7 (Relationship to other statutes or regulations)
A citation of the previous Enforcement Decree of the Maritime Safety Act or any provision thereof by any 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 Decree or provision.
ADDENDA <Presidential Decree No. 34533, May 28, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)