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ENFORCEMENT DECREE OF THE SHIP MANAGEMENT INDUSTRY DEVELOPMENT ACT

Presidential Decree No. 28242, Aug. 9, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Ship Management Industry Development Act and matters necessary for the enforcement thereof.
 Article 2 Deleted. <Aug. 9, 2017>
 Article 3 Deleted. <Aug. 9, 2017>
 Article 4 Deleted. <Aug. 9, 2017>
 Article 5 Deleted. <Aug. 9, 2017>
 Article 6 (Projects for development of ship management industry)
“Matters prescribed by Presidential Decree” in Article 6 (2) 7 of the Ship Management Industry Development Act (hereinafter referred to as the "Act") means the following: <Amended on Aug. 9, 2017>
1. Support for ship management information systems established and operated by ship managers;
2. Support for the international exchange of institutions, corporations, or organizations related to the ship management industry (applicable only when necessary for acquiring advanced ship management techniques).
 Article 7 (Assistance of certification center for ship management industry)
(1) “Assistance prescribed by Presidential Decree” in Article 10 (1) 4 of the Act means the following: <Amended on Mar. 23, 2013>
1. Development of, and research on, certification standards;
2. Promotion of, and surveys on, the certification system;
3. Research on the post-management system and methods for certification services;
4. Other matters deemed necessary by the Minister of Oceans and Fisheries for the improvement of certification services.
(2) If the Minister of Oceans and Fisheries designates a certification center for the ship management industry under Article 10 (2) of the Act, the Minister shall publicly notify such designation in the Official Gazette. <Amended on Mar. 23, 2013>
 Article 8 (Projects for developing human resources specialized in ship management)
“Projects prescribed by Presidential Decree” in Article 13 (1) 4 of the Act means projects for supporting international exchanges and cooperation for the development of human resources specialized in ship management and the introduction of advanced techniques for the ship management industry.
 Article 9 (Supervision over educational and training institutions)
(1) A person entrusted with the education and training of ship management experts under Article 14 (1) of the Act (hereafter in this Article referred to as "entrusted education and training institution") shall formulate a plan for the education and training of ship management experts for the relevant year and obtain approval thereof from the Minister of Oceans and Fisheries by March 31 of each year. The same shall also apply if the person intends to modify an approved education and training plan. <Amended on Mar. 23, 2013>
(2) An entrusted education and training institution shall report the results of the education and training of ship management experts for the preceding year to the Minister of Oceans and Fisheries by January 31 of each year. <Amended on Mar. 23, 2013>
(3) If the Minister of Oceans and Fisheries deems it necessary to supervise an entrusted educational and training institution, the Minister may request the institution to submit the following documents: <Amended on Mar. 23, 2013>
1. Documents related to the development and supplementation of educational materials;
2. Documents related to the management of educational instructors;
3. Documents related to the issuance of certificates of completion of educational programs;
4. Documents related to the disbursement of education and training expenses;
5. Other documents related to education and training that the Minister of Oceans and Fisheries deems necessary.
 Article 10 (Functions and articles of incorporation of Korea Ship Managers' Association)
(1) The Korea Ship Managers' Association under Article 15 of the Act (hereinafter referred to as the "Association") shall perform the following functions:
1. Projects aimed at promoting the development of the ship management industry and the common interests of ship managers;
2. Preparation and management of statistics necessary for the development of the ship management industry, as well as the collection, survey, and research of foreign data;
3. Consultation and guidance on improving the management of the ship management industry;
4. Education and training programs for developing ship management experts;
5. Projects for exploring overseas markets in the ship management industry;
6. Tasks entrusted by the State or local governments;
7. Negotiation and conclusion of contracts to promote the economic interests of members;
8. Projects incidental to the functions or tasks specified in subparagraphs 1 through 7.
(2) The articles of incorporation of the Association shall include the following:
1. Purpose;
2. Name;
3. Location of the principal office;
4. Matters regarding the membership enrollment and withdrawal;
5. Matters regarding the business and its operation;
6. Matters regarding the maximum number, term of office, and methods of election of, executive officers;
7. Matters regarding general meetings and the board of directors;
8. Matters regarding the organization and management;
9. Matters regarding assets and accounting;
10. Matters regarding the modification of the articles of incorporation;
11. Matters deemed necessary for the operation of the Association, other than those specified in subparagraphs 1 through 10.
(3) If the Minister of Oceans and Fisheries deems it necessary for supervising the Association, the Minister may require the Association to report on matters regarding its functions or to submit relevant materials. <Amended on Mar. 23, 2013>
 Article 11 (Fees)
(1) The application fee for certification as an exemplary ship manager under Article 8 of the Act shall be 3 million won, in accordance with Article 18 (1) and (3) of the Act. In such cases, expenses incurred in business trips of persons conducting examinations for certification shall be borne separately by the applicant for certification based on actual costs.
(2) The application fee for the issuance of the education completion certificate under Article 13 (3) of the Act shall be 2,000 won, in accordance with Article 18 (2) and (3) of the Act.
(3) Fees under paragraph (1) or (2) shall be paid by electronic currency or electronic payment through information and communications networks or by other methods prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>
 Article 12 (Delegation and entrustment of authority)
(1) The Minister of Oceans and Fisheries shall delegate the authority to impose and collect administrative fines under Article 23 (1) 2 of the Act to the administrators of regional offices of oceans and fisheries, in accordance with Article 19 (1) of the Act. <Amended on Mar. 23, 2013; Aug. 9, 2017>
(2) The Minister of Oceans and Fisheries shall entrust the Association with the authority over the following tasks, in accordance with Article 19 (1) of the Act: <Amended on Mar. 23, 2013>
1. The establishment and provision of a comprehensive information system for the ship management industry under Article 6 (2) 1 of the Act;
2. Assistance in improving technical and commercial ship management capability under Article 6 (2) 5 of the Act;
3. Assistance in providing consulting services for the advancement and globalization of the ship management industry under subparagraph 1 of Article 12 of the Act;
4. Assistance in exploring overseas markets and establishing overseas business networks under subparagraph 2 of Article 12 of the Act;
5. Projects specified in the subparagraphs of Article 13 (1) of the Act.
 Article 13 (Criteria for imposition of administrative fines)
The criteria for the imposition of administrative fines under Article 23 (2) of the Act shall be as specified in the Appendix.
ADDENDA <Presidential Decree No. 23923, Jun. 29, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2012; provided, Article 7 shall enter into force on January 1, 2015.
Article 2 (Provisions regarding enforcement date of the Ship Management Industry Development Act)
“Date prescribed by Presidential Decree” in the proviso of Article 1 of the Addenda to the Ship Management Industry Development Act (Act No. 11321) means January 1, 2015.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 28242, Aug. 9, 2017>
This Decree shall enter into force on September 22, 2017.