CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to lay a foundation for the growth of the port technology industry and to gain a competitive advantage in the industry, thereby contributing to securing stable cargo handling capacity and developing the national economy, by prescribing matters regarding the promotion of the development and utilization of port equipment and the fostering of the port technology industry.
| (1) | The terms used in this Act are defined as follows: |
| 1. | The term "port equipment" means equipment or devices necessary for transporting, storing, unloading cargo in a port or harbor, which are prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 2. | The term "port technology industry" means an industry prescribed by Presidential Decree, which is related to the development, manufacture, production, distribution, operation, maintenance, management, etc. of port equipment and information and communications systems for such equipment; |
| 3. | The term "business entity engaged in the port technology industry" means a person prescribed by Presidential Decree, who engages in business related to the port technology industry. |
| (2) | Except as otherwise provided in this Act, terms other than those prescribed in paragraph (1) shall be governed by the definitions of the terms under Article 2 of the Harbor Act. |
| Article 3 (Responsibilities of the State and local governments) |
The State and local governments shall establish and implement policy measures necessary for the sustainable development of the port technology industry.
| Article 4 (Relationship to other statutes) |
This Act shall take precedence over other statutes with respect to the fostering of, and support for the port technology industry, special cases regarding the industry, and other relevant matters; provided, if any other statute provides for more lenient provisions than special cases regarding regulation under this Act, the provisions of such statute shall apply.
CHAPTER II LAYING FOUNDATION FOR PORT TECHNOLOGY INDUSTRY
| Article 5 (Formulation of plans for fostering port technology industry) |
| (1) | The Minister of Oceans and Fisheries shall formulate and implement a plan for fostering the port technology industry (hereinafter referred to as "fostering plan") every 5 years to foster the port technology industry. |
| (2) | If the Minister of Oceans and Fisheries intends to formulate a fostering plan, the Minister shall seek the opinions of the relevant Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), shall consult with the heads of the relevant central administrative agencies, and shall submit such plan to the Central Harbor Policy Council under Article 4 of the Harbor Act (hereinafter referred to as the "Harbor Council") for deliberation. The same shall also apply if the Minister intends to modify important matters prescribed by Presidential Decree. |
| (3) | A fostering plan shall include the following: |
| 1. | Basic objectives and directions for fostering the port technology industry; |
| 2. | Development, dissemination, etc. of technologies related to the port technology industry; |
| 3. | Support for business entities engaged in the port technology industry; |
| 4. | Training of technical personnel through industry-academia-research cooperation in the field of the port technology industry; |
| 5. | Reorganization and improvement of laws and systems for fostering the port technology industry; |
| 6. | Support for international exchanges and cooperation and the expansion of export markets, for fostering the port technology industry; |
| 7. | Quality improvement and management of port equipment; |
| 8. | Other matters prescribed by Presidential Decree as deemed necessary to foster the port technology industry. |
| (4) | The Minister of Oceans and Fisheries shall formulate and implement an annual action plan in accordance with the relevant fostering plan. |
| (5) | Upon formulating a fostering plan, the Minister of Oceans and Fisheries shall submit such plan to the competent standing committee of the National Assembly without delay. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the formulation, implementation, etc. of fostering plans and action plans shall be prescribed by Presidential Decree. |
| Article 6 (Fact-finding surveys and compilation and management of statistics) |
| (1) | The Minister of Oceans and Fisheries may conduct a fact-finding survey on the current status, etc. of the port technology industry and business entities engaged in the port technology industry and may compile and manage statistics on the port technology industry in order to lay a foundation for fostering the port technology industry and to systematically formulate a fostering plan and an action plan. In such cases, the Statistics Act shall apply mutatis mutandis to the compilation and management of statistics, except as provided in this Act. |
| (2) | If necessary to formulate a fostering plan and an action plan or to conduct a fact-finding survey and to compile and manage statistics, the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies, local governments, or relevant institutions and organizations to submit necessary materials. In such cases, the heads of the relevant central administrative agencies, etc. in receipt of a request for submission of materials shall comply therewith, unless there is a compelling reason not to do so. |
| (3) | The State and a local government may request a business entity engaged in the port technology industry to submit materials necessary for support under this Act. |
| (4) | The details, scope, and methods of fact-finding surveys and the compilation and management of statistics under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 7 (Facilitation of technology development) |
| (1) | The Minister of Oceans and Fisheries may conduct the following projects to facilitate the technology development of the port technology industry: |
| 1. | Surveys of trends in technologies related to the port technology industry and research and development of fundamental technologies; |
| 2. | Identification and development of core source technologies for the port technology industry in promising fields for future growth; |
| 3. | International joint research on the port technology industry; |
| 4. | Projects for supporting industry-academia-research joint research on port technology; |
| 5. | Projects for promoting the utilization and commercialization of developed technologies related to the port technology industry; |
| 6. | Other projects necessary for the technology development of the port technology industry. |
| (2) | In order to facilitate technology development under paragraph (1), the Minister of Oceans and Fisheries may provide the following support to a person who conducts research and development of the port technology industry, etc. or promotes industrialization of the relevant technology, as prescribed by Presidential Decree: |
| 1. | Provision of subsidies to cover expenses incurred in research and development or industrialization; |
| 2. | Construction and operation of the relevant facilities and permission for use or lease of such facilities to support industrialization, such as technical testing and technology development. |
| Article 8 (Promotion of standardization) |
The Minister of Oceans and Fisheries may conduct the following projects, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, in order to promote the utilization of domestically developed port equipment and to ensure compatibility among port equipment:
| 1. | Establishment, amendment, repeal, and dissemination of standards for port equipment, etc.; provided, the Korean Industrial Standards under the Industrial Standardization Act shall apply, if such standards have been established; |
| 2. | Surveys, research, and development of domestic and foreign standards related to port equipment, etc.; |
| 3. | Establishment of policy measures for the international standardization of standards for domestic port equipment, etc.; |
| 4. | Other projects necessary for the standardization of port equipment, etc. |
| Article 9 (Training of professional personnel) |
| (1) | The Minister of Oceans and Fisheries may establish and implement policy measures on the following matters to train professional personnel necessary for fostering the port technology industry: |
| 1. | Assessing the current demand for professional personnel and preparation of a mid- and long-term forecast of supply and demand; |
| 2. | Designating and supporting professional personnel training institutions; |
| 3. | Supporting the development and dissemination of educational programs for training professional personnel; |
| 4. | Facilitating matters regarding the demand for and the supply of professional personnel in the port technology industry; |
| 5. | Supporting educational programs related to the port technology industry at various levels of schools and educational institutions; |
| 6. | Other matters deemed necessary by the Minister of Oceans and Fisheries to train professional personnel. |
| (2) | The Minister of Oceans and Fisheries may designate an institution or organization equipped with facilities and personnel, such as universities and research institutes, as a professional personnel training institution, in order to train professional personnel pursuant to paragraph (1) 2. |
| (3) | The Minister of Oceans and Fisheries may subsidize a professional personnel training institution designated pursuant to paragraph (2) to cover the expenses incurred in training professional personnel within the budget, as prescribed by Presidential Decree. |
| (4) | If a professional personnel training institution designated pursuant to paragraph (2) falls under any of the following categories, the Minister of Oceans and Fisheries may revoke its designation or may order the full or partial suspension of its business operations for a fixed period not exceeding 6 months; provided, the designation shall be revoked in the case of subparagraph 1: |
| 1. | If the institution has obtained the designation by fraud or other improper means; |
| 2. | If the institution ceases to meet the standards for designation under paragraph (5); |
| 3. | If the curricula related to the training of professional personnel or the details of such curricula are extremely poor; |
| 4. | If the institution fails to train professional personnel without good cause for a consecutive period of at least 1 year. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the standards, procedures, operation, etc. of the designation and revocation of designation of professional personnel training institutions shall be prescribed by Presidential Decree. |
| Article 10 (Institutions specialized in port technology industry) |
| (1) | The Minister of Oceans and Fisheries may designate an institution specialized in the port technology industry (hereinafter referred to as "specialized institution") to conduct research and development related to the port technology industry and to foster the port technology industry. |
| (2) | A specialized institution may perform the following business affairs: |
| 1. | Conducting research and development of new technologies related to the port technology industry and surveying the demand for such technologies; |
| 2. | Disseminating and exchanging research outcomes and developed technologies related to the port technology industry and providing cooperation in relation thereto; |
| 3. | Other business affairs deemed necessary by the Minister of Oceans and Fisheries to foster the port technology industry. |
| (3) | The Minister of Oceans and Fisheries may subsidize a specialized institution to cover the expenses incurred in conducting its business affairs under paragraph (2) within the budget. |
| (4) | If a specialized institution designated pursuant to paragraph (1) falls under any of the following categories, the Minister of Oceans and Fisheries may revoke its designation or may order the full or partial suspension of its business operations for a fixed period not exceeding 6 months; provided, the designation shall be revoked in the case of subparagraph 1: |
| 1. | If the institution has obtained the designation by fraud or other improper means; |
| 2. | If the institution ceases to meet the standards for designation under paragraph (5); |
| 3. | If the institution conducts business affairs, in violation of any designated matters. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the standards, procedures, operation, etc. of the designation and revocation of designation of specialized institutions shall be prescribed by Presidential Decree. |
CHAPTER III SUPPORT FOR BUSINESS ENTITIES ENGAGED IN PORT TECHNOLOGY INDUSTRY
| Article 11 (Full or partial exemption from user fees for harbor facilities) |
Notwithstanding Article 42 of the Harbor Act, a business entity engaged in the port technology industry that relocates to a harbor zone or harbor hinterland complex prescribed by Presidential Decree may be fully or partially exempt from user fees for harbor facilities, as prescribed by Presidential Decree.
| Article 12 (Relaxation of occupancy requirements for harbor hinterland complex) |
Notwithstanding Article 69 of the Harbor Act, the occupancy requirements may be relaxed for a business entity engaged in the port technology industry that relocates to a harbor hinterland complex prescribed by Presidential Decree, as prescribed by Presidential Decree.
| Article 13 (Designation of pilot project zones for port technology industry and support therefor) |
| (1) | The Minister of Oceans and Fisheries may designate and operate a pilot project zone for the port technology industry (hereinafter referred to as "pilot project zone") as prescribed by Presidential Decree, to facilitate the demonstration, testing, certification, etc. of the port technology industry. |
| (2) | The Minister of Oceans and Fisheries may provide administrative and financial support to a person who conducts any of the following business affairs in a pilot project zone, as prescribed by Presidential Decree: |
| 1. | Operation of port equipment for performance testing and development of technologies, etc. related to the port technology industry; |
| 2. | Operation of port equipment for research, etc. on safety standards; |
| 3. | Other demonstration, testing, certification, etc. of the port technology industry deemed necessary by the Minister of Oceans and Fisheries. |
| Article 14 (Financial support) |
| (1) | The Minister of Oceans and Fisheries and a Mayor/Do Governor may provide funds, etc. necessary to enhance the competitiveness of a business entity engaged in the port technology industry that has relocated to a harbor zone or harbor hinterland complex prescribed by Presidential Decree. |
| (2) | The Minister of Oceans and Fisheries and a Mayor/Do Governor may provide necessary funds, etc. to a business entity engaged in the port technology industry that establishes or expands his or her place of business in a zone referred to in paragraph (1). |
| (3) | Matters regarding the standards, procedures, details, etc. of financial support, such as provision of funds under paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 15 (Support for overseas expansion) |
The Minister of Oceans and Fisheries may support projects, such as overseas public relations, international exchanges, international standardization, and international joint research, in order to enhance the export competitiveness of domestic port equipment and the port technology industry and to facilitate expansion into overseas markets.
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 16 (Establishment of trade association) |
| (1) | Business entities engaged in the port technology industry may establish a trade association (hereinafter referred to as "trade association") with the authorization of the Minister of Oceans and Fisheries to foster the port technology industry. |
| (2) | A trade association shall be a corporation. |
| (3) | A trade association may conduct the following projects: |
| 1. | Investigation and research projects for fostering the port technology industry; |
| 2. | Projects to enhance the competitiveness of the port technology industry and to increase mutual interests of its members; |
| 3. | Other projects prescribed by Ordinance of the Ministry of Oceans and Fisheries as deemed necessary to foster the port technology industry. |
| (4) | Matters necessary for the articles of incorporation of a trade association and for guidance and support for, and supervision and operation of, such association, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (5) | Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to a trade association. |
The Minister of Oceans and Fisheries shall hold a hearing for either of the following cases:
| 1. | Revocation of designation of a professional personnel training institution under Article 9 (4); |
| 2. | Revocation of designation of a specialized institution under Article 10 (4). |
| Article 18 (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 agency under his or her jurisdiction or a Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) | Part of the duties of the Minister of Oceans and Fisheries under this Act may be entrusted to the Port Authority established under the Port Authority Act, the Korea Ports and Harbors Association established under Article 102 of the Harbor Act, or an institution or organization related to the port technology industry, as prescribed by Presidential Decree. |
| (3) | The Minister of Oceans and Fisheries may fully or partially provide subsidies to cover the expenses incurred in conducting the business affairs entrusted pursuant to paragraph (2). |
| Article 19 (Legal fiction as public officials for purposes of applying penalty provisions) |
ADDENDUM <Act No. 20135, Jan. 23, 2024>
This Act shall enter into force 1 year after the date of its promulgation.