ENFORCEMENT DECREE OF THE MARITIME SAFETY ACT
Wholly Amended by Presidential Decree No. 23373, Dec. 13, 2011
Amended by Presidential Decree No. 23717, Apr. 10, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25299, Apr. 8, 2014
Presidential Decree No. 25728, Nov. 14, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26175, Mar. 30, 2015
Presidential Decree No. 26497, Aug. 19, 2015
Presidential Decree No. 26724, Dec. 15, 2015
Presidential Decree No. 27747, Dec. 30, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28243, Aug. 16, 2017
Presidential Decree No. 29215, Oct. 2, 2018
Presidential Decree No. 29880, jun. 18, 2019
Presidential Decree No. 30106, Oct. 8, 2019
Presidential Decree No. 30752, jun. 2, 2020
Presidential Decree No. 30876, Jul. 28, 2020
Presidential Decree No. 30877, Jul. 28, 2020
Presidential Decree No. 31176, Nov. 24, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 32011, Sep. 24, 2021
Presidential Decree No. 32528, Mar. 8, 2022
Presidential Decree No. 33201, Jan. 3, 2023
The purpose of this Decree is to prescribe matters mandated by the Maritime Safety Act and matters necessary for the enforcement thereof.
| Article 1-2 (Projects with Impacts on Marine Traffic Safety) |
“Other projects specified by Presidential Decree” in subparagraph 16 (e) of Article 2 of the Maritime Safety Act (hereinafter referred to as the “Act”) means any of the following projects using vessels with a maximum speed of at least 60 knots per hour: [This Article Newly Inserted on Nov. 14, 2014]
| Article 2 (Scope of Application concerning Non-Korean Vessels) |
Pursuant to the proviso, with the exception of the items, of Article 3 (1) 1 of the Act, Articles 46 (2) and (3), 47, 49, and 50 of the Act shall apply to vessels (referring to vessels prescribed in Article 3 (1) 1 (a) and (b) of the Act) other than Korean vessels: Provided, That the same shall not apply to a vessel equipped with the certificate of verification issued by the nation of the relevant vessel or by a certification agency recognized by the nation of the relevant vessel, among the vessels prescribed in Article 3 (1) 1 (b) of the Act. <Amended on Nov. 14, 2014; Jan. 3, 2023>
| Article 3 (National Master Plans for Maritime Safety) |
| (1) | A national master plan for maritime safety referred to in Article 6 (1) of the Act (hereinafter referred to as "master plan") shall include the following matters: <Amended on Mar. 23, 2013> |
| 1. | Objectives of and basic direction-setting for maritime safety policies; |
| 2. | Matters concerning changes in and prospects of the maritime safety policy environment; |
| 3. | Matters concerning promoting the safety of vessels, marine facilities, passengers, crew members, etc.; |
| 4. | Matters concerning establishing waters, investigating the traffic environment, and improving accident hazards; |
| 5. | Matters concerning installing and operating navigational aids, information and communications systems, etc. in relation to the navigation of vessels; |
| 6. | Matters concerning the fostering, and supply and demand, of personnel related to maritime safety; |
| 7. | Matters concerning disseminating knowledge on, and promoting culture for, maritime safety; |
| 8. | Matters concerning research and development of maritime safety-related technologies; |
| 9. | Matters concerning fostering maritime safety-related industries; |
| 10. | Matters concerning international cooperation on maritime safety; |
| 11. | Matters concerning improving institutions and conditions for maritime safety; |
| 12. | Matters concerning investment and financing related to maritime safety; |
| 13. | Matters concerning promoting and implementing business plans by sector, institution and year; |
| 14. | Other matters deemed necessary by the Minister of Oceans and Fisheries regarding maritime safety. |
| (2) | Deleted. <Jun. 18, 2019> |
| (3) | Where the Minister of Oceans and Fisheries formulates or amends a master plan pursuant to Article 7-2 (2) of the Act, he or she shall publish such master plan by publicly notifying it in the Official Gazette or posting it on the website of the Ministry of Oceans and Fisheries or the like. <Amended on Mar. 23, 2013; Jun. 18, 2019; Nov. 24, 2020> |
| Article 4 (Implementation Plans for Maritime Safety) |
| (1) | Where the Minister of Oceans and Fisheries intends to formulate an implementation plan for maritime safety referred to in Article 7 (1) of the Act (hereinafter referred to as "implementation plan"), he or she shall prepare guidelines on formulating an implementation plan and notify them to the head of a relevant central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), and the head of a public institution prescribed in Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as the “head of a public institution”). <Amended on Mar. 23, 2013; Jun. 18, 2019> |
| (2) | The head of a relevant central administrative agency, a Mayor/Do Governor, the head of a Si/Gun/Gu, and the head of a public institution (hereafter in this Article referred to as the “preparing authorities by institution”) in receipt of the formulation guidelines referred to in paragraph (1) shall prepare an implementation plan for maritime safety by institution (hereafter in this Article referred to as “implementation plan by institution”) for the following year by October 31 of each year and submit it to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Jun. 18, 2019> |
| (3) | Where the Minister of Oceans and Fisheries deems that implementation plans by institution submitted under paragraph (2) violate a master plan or necessitate supplementation, he or she may request amendment, supplementation, etc. of the relevant implementation plans. In such cases, the preparing authorities by institution shall reflect matters regarding the relevant amendment, supplementation, etc. in their implementation plans and submit them to the Minister of Oceans and Fisheries without delay, unless there is any compelling reason not to do so. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Oceans and Fisheries shall finalize an implementation plan by compiling and adjusting the implementation plans by institution submitted under paragraphs (2) and (3) and publish the finalized implementation plan by publicly notifying it in the Official Gazette or posting it on the website of the Ministry of Oceans and Fisheries or the like pursuant to Article 7-2 (2) of the Act. <Amended on Mar. 23, 2013; Jun. 18, 2019; Nov. 24, 2020> |
| (5) | The preparing authorities by institution shall submit the results of performing the implementation plan for the preceding year to the Minister of Oceans and Fisheries by the end of February each year. <Amended on Mar. 23, 2013> |
| Article 4-2 (Response Plan to International Maritime Organization Member State Audit Scheme) |
| (1) | When the Minister of Oceans and Fisheries formulates a plan for preparing for the International Maritime Organization Member State Audit Scheme (hereinafter referred to as “response plan”) pursuant to Article 7-3 (1) of the Act, he or she shall take into account the obligations and responsibilities of the Republic of Korea as a State Party to the following international conventions and under the related regulations (hereinafter referred to as “international conventions, etc.”): <Amended on Jun. 18, 2019> |
| 1. | The International Convention for the Safety of Life at Sea; |
| 2. | The International Convention for the Prevention of Pollution from Ships; |
| 3. | The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers; |
| 4. | The International Convention on Load Lines; |
| 5. | The International Convention on Tonnage Measurement of Ships; |
| 6. | The Convention on the International Regulations for Preventing Collisions at Sea; |
| 7. | The Regulations of the International Maritime Organization pertaining to implementing the international conventions referred to in subparagraphs 1 through 6. |
| (2) | The response plan shall include the following: |
| 1. | Matters concerning the basic direction-setting and strategies for ensuring the fulfillment of the obligations and responsibilities of the Republic of Korea as a State Party to conventions according to the international conventions, etc.; |
| 2. | Matters concerning inspection and evaluation regarding implementing the international conventions, etc.; |
| 3. | Matters concerning managing an institution to act on behalf of the Government pursuant to the international conventions, etc., and establishing a coordination system with such institution; |
| 4. | Other matters deemed necessary by the Minister of Oceans and Fisheries to prepare for a member state audit by the International Maritime Organization. |
[This Article Newly Inserted on Oct. 2, 2018]
| Article 4-3 (Inspection Plan) |
| (1) | The inspection plan referred to in Article 7-3 (2) of the Act (hereinafter referred to as "inspection plan") shall include details regarding the inspection of the following matters: <Amended on Jun. 18, 2019> |
| 1. | The current status of and future plans for reflecting the international conventions, etc. in the domestic laws, and other relevant matters; |
| 2. | The qualifications of personnel related to implementing the international conventions, etc., the methods for selecting them and their authority, related organizations, etc.; |
| 3. | Management, retention, etc. of the records pertaining to implementing the international conventions, etc.; |
| 4. | Education, training, etc. pertaining to implementing the international conventions, etc.; |
| 5. | Other matters necessary to implement the response plan. |
| (2) | If deemed necessary for supplementation, etc. of any of the matters prescribed in the subparagraphs of paragraph (1) to implement the response plan after conducting inspection according to the inspection plan, the Minister of Oceans and Fisheries may request that the head of a relevant central administrative agency, the head of a public institution and other relevant persons take necessary measures, including supplementation, for a prescribed period. |
[This Article Newly Inserted on Oct. 2, 2018]
| Article 5 (Public Notice of Sheltered Waters) |
| (1) | Where the Minister of Oceans and Fisheries designates sheltered waters under Article 8 (1) of the Act, he or she shall publicly notify the location and scope of the sheltered waters and mark it on nautical charts. The same shall also apply when changing or abrogating the sheltered waters. <Amended on Mar. 23, 2013> |
| (2) | The scope of sheltered waters referred to in Article 8 (5) of the Act shall be determined in consideration of the traffic volume of vessels in sea areas near marine facilities referred to in Article 3 (1) 4 of the Act and the international standards prescribed in the United Nations Convention on the Law of the Sea. <Amended on Nov. 14, 2014> |
| Article 6 (Scope of Specific Sea Areas for Traffic Safety) |
The scope of specific sea areas for traffic safety referred to in Article 10 (3) of the Act shall be as specified in attached Table 1.
| Article 7 (Scope of Sea Areas Subject to Prohibition of Passage of Oil Tankers) |
The scope of sea areas subject to prohibition of passage of oil tankers referred to in Article 14 (2) of the Act shall be as specified in attached Table 2.
| Article 7-2 (Scope of Sea Trial Prohibition Waterway) |
[This Article Newly Inserted on Oct. 2, 2018]
[Previous Article 7-2 moved to Article 7-3 <Oct. 2, 2018>]
| Article 7-3 (Scope of Projects Subject to Safety Examination) |
| (1) | The scope of projects subject to safety examination referred to in Article 15 (3) of the Act (hereinafter referred to as “projects subject to safety examination”) shall be as specified in attached Table 2-3. <Amended on Oct. 2, 2018; Jan. 3, 2023> |
| (2) | Where 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 15 (1) of the Act relating to the modified matters. <Newly Inserted on Jan. 3, 2023> |
[This Article Newly Inserted on Nov. 14, 2014]
[Moved from Article 7-2 <Oct. 2, 2018>]
| Article 7-4 (Designation of Institutions Specialized in Marine Traffic Safety Examination) |
"Institutions specialized in marine traffic safety examination prescribed by Presidential Decree" in Article 15 (6) of the Act means the following institutions: | 1. | The Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act; |
| 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 a marine traffic safety examination. |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 7-5 (Timing for Submission of Verification Results) |
The disposing authority referred to in Article 15 (2) of the Act shall submit the verification results under Article 18 (2) of the Act to the Minister of Oceans and Fisheries within three months after the commencement, and three months after the completion, of the projects subject to safety examination, respectively: Provided, That the verification results shall be submitted only once within three months from the completion of the projects specified in the subparagraph 16 (b) of Article 2, and only once within three months from the commencement of the projects specified in item (e) of that subparagraph. [This Article Newly Inserted on Sep. 24, 2021]
| Article 8 (Actions by Disposing Authority) |
Where the disposing authority referred to in Article 15 (2) of the Act orders the suspension of a project pursuant to Article 18 (4) of the Act, it shall notify the details thereof to the Minister of Oceans and Fisheries without delay. <Amended on Mar. 23, 2013>
| Article 8-2 (Marine Traffic Safety Examination by State Organs or Local Governments) |
| (1) | Where the head of a State organ or the head of a local government (hereinafter referred to as the “head of a State organ, etc.”) intends to implement projects subject to safety examination referred to in attached Table 2-3 under Article 18-2 (1) of the Act, he or she shall conduct marine traffic safety examinations according to the safety examination standards referred to in Article 15 (1) of the Act and submit the outcomes of the marine traffic safety examinations (hereinafter referred to as “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. <Amended on Oct. 2, 2018> |
| (2) | The head of a State organ, etc. who intends to request the Minister of Oceans and Fisheries to have re-consultation pursuant to the main clause of Article 18-2 (3) of the Act shall submit a written objection to the Minister of Oceans and Fisheries stating the following matters: <Amended on Sep. 24, 2021> |
| 1. | The details and grounds for an objection against the review opinion of the Minister of Oceans and Fisheries prescribed in the former part of Article 18-2 (2) of the Act; |
| 2. | The opinion suggesting a revision of the review opinion of the Minister of Oceans and Fisheries prescribed in the former part of Article 18-2 (2) of the Act; |
| 3. | The validity analysis data regarding the proposed amendments referred to in subparagraph 2. |
| (3) | The results of examination by the Minister of Oceans and Fisheries prescribed in the main sentence of Article 18-2 (4) of the Act shall include the following: |
| 1. | Whether to accept the objection raised by the head of a State organ, etc. pursuant to Article 18-2 (3) of the Act, and the results of the validity analysis; |
| 2. | The details of additional measures, etc. where such measures, etc. are needed to ensure maritime safety in connection with implementing projects subject to safety examinations. |
| (5) | The Minister of Oceans and Fisheries upon receipt of a letter of opinion referred to in Article 18-2 (9) of the Act shall examine whether a safety examination report needs to be submitted within 30 days from the date of receiving the letter of opinion, and then notify the examination results to the head of the State organ, etc. that has submitted the letter of opinion. In such cases, the period required for supplementing documents of the letter of opinion shall not be included in the period specified for notification. <Amended on Sep. 24, 2021> |
| (6) | Except as otherwise provided for in paragraphs (1) through (5), matters necessary for the preparation and submission of safety examination reports, written objections, and letters of opinion by the heads of State organs, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Sep. 24, 2021> |
[This Article Newly Inserted on Nov. 14, 2014]
| Article 9 (Collection of Costs) |
| (1) | Where the Minister of Oceans and Fisheries disposes of an obstruction to navigation or a vessel that created an obstruction to navigation pursuant to Article 29 (2) of the Act, such disposal shall be by public auction: Provided, That the same shall not apply when the obstruction to navigation or the vessel that created the obstruction to navigation is likely to be valued less than the cost of a public auction. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Oceans and Fisheries publicly auctions an obstruction to navigation or a vessel that created an obstruction to navigation pursuant to the main sentence of paragraph (1), he or she shall publicly announce the following matters on the bulletin board or website for seven days: <Amended on Mar. 23, 2013> |
| 1. | The name and details of an article to be auctioned publicly; |
| 2. | The venue, date, and time of the public auction; |
| 3. | The amount of the bid bond, if any. |
| (3) | The Minister of Oceans and Fisheries shall deposit the remaining amount of the money acquired through public auction prescribed in paragraph (1), after deducting the cost of marking, removal, public auction, etc. of the relevant article, in accordance with the Deposit Act. <Amended on Mar. 23, 2013> |
| Article 10 (Obstructions to Marine Traffic) |
| (1) | “Waters specified by Presidential Decree” in the main sentence of Article 34 (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.: <Amended on Nov. 19, 2014; Jul. 26, 2017; Jun. 18, 2019> |
| 1. | Deleted; <Jun. 18, 2019> |
| 2. | Deleted; <Jun. 18, 2019> |
| 3. | Deleted; <Jun. 18, 2019> |
| 4. | Deleted; <Jun. 18, 2019> |
| 5. | Deleted; <Jun. 18, 2019> |
| 6. | Deleted; <Jun. 18, 2019> |
| 7. | Deleted; <Jun. 18, 2019> |
| 8. | Deleted; <Jun. 18, 2019> |
| 9. | Deleted; <Jun. 18, 2019> |
| 10. | Deleted; <Jun. 18, 2019> |
| 11. | Deleted; <Jun. 18, 2019> |
| 12. | Deleted; <Jun. 18, 2019> |
| 13. | Deleted; <Jun. 18, 2019> |
| 14. | Deleted; <Jun. 18, 2019> |
| 15. | Deleted; <Jun. 18, 2019> |
| 16. | Deleted. <Jun. 18, 2019> |
| (2) | Where the chief of a coast guard station determines and publicly notifies waters pursuant to paragraph (1), he or she shall post such fact in conspicuous places easily seen by people using the relevant waters. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | “Activity specified by Presidential Decree ... such as skin diving, scuba diving, or wind surfing” in the main sentence of Article 34 (3) of the Act means any of the following: Provided, That the same shall not apply when a vessel or leisure equipment navigates without a sudden change of its course, speed, etc. so as not to harm the navigational safety of other vessels in passing the waters referred to in paragraph (1): <Newly Inserted on Jun. 18, 2019> |
| Article 11 (Permission for Marine Leisure Activities) |
| (1) | Any person intending to obtain permission prescribed in the proviso of Article 34 (3) of the Act shall acquire equipment necessary for safety, including life-saving appliances, and submit an application for permission (including applications in electronic form) to the chief of the relevant coast guard station, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The chief of a coast guard station in receipt of an application for permission referred to in paragraph (1) shall determine whether to grant permission by comprehensively taking into account potential obstructions to safe marine traffic, marine traffic conditions, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where the chief of a coast guard station grants permission pursuant to paragraph (2), he or she shall issue a permit prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Where any person with permission prescribed in paragraph (3) intends to engage in any activity referred to in Article 10 (3), he or she shall carry the relevant permit and present it upon request by a public official belonging to a coast guard station. <Amended on Nov. 19, 2014; Jul. 26, 2017; Jun. 18, 2019> |
| (5) | The public official requesting the presentation of the permit under paragraph (4) shall show a certificate indicating his or her authority to related persons. |
| Article 12 Deleted. <Dec. 15, 2015> |
| Article 13 (Notification of Order to Halt or Sail Back Vessels) |
An order to halt or sail back a vessel under Article 40 (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 wireless communication. <Amended on Jan. 5, 2021>
| Article 14 (Operation of Marine Traffic Safety Information Management System) |
The Minister of Oceans and Fisheries may conduct a sample survey to verify the accuracy and others of the marine traffic safety information that is managed through the marine traffic safety information management system prescribed in Article 43-2 (1) of the Act. [This Article Newly Inserted on Sep. 24, 2021]
| Article 15 (Vessels Subject to Establishing and Implementing Safety Management System) |
| (1) | “Vessels prescribed by Presidential Decree” in Article 45 (2) 5 of the Act means any of the following vessels: <Amended on Apr. 8, 2014; Dec. 30, 2016; Oct. 2, 2018> |
| 1. | Oil tankers, gas carriers or chemical tankers of 100 gross tonnage and upwards but less than 500 gross tonnage (including barges connected to motor vessels in close proximity to each other), which are engaged in the marine cargo transportation services prescribed in Article 23 of the Marine Transportation Act; |
| (a) | Barges of 2,000 gross tonnage and upwards or a length of at least 100 meters; |
| (b) | Structures with a length of at least 100 meters; |
| (c) | At least two barges with a combined gross tonnage of 2,000 tons and upwards; |
| (d) | At least two structures that are pushed or pulled with a combined total length of at least 100 meters; |
| (e) | A barge or a structure that is pushed or pulled with a combined total length of at least 100 meters; |
| 3. | A dredge of 500 gross tonnage and upwards, engaged in international navigation. |
| (2) | Deleted. <Jun. 18, 2019> |
[Title Amended on Jun. 18, 2019]
| Article 16 (Duties of Persons in Charge of Vessel Safety) |
"Duties prescribed by Presidential Decree" in Article 46-3 (1) 7 of the Act means duties to support safety measures taken by a shipmaster, such as providing assistance to the suspension of work and evacuation of seafarers performed on a ship or at a harbor in the event of a disaster. [This Article Wholly Amended on Jan. 3, 2023]
| Article 17 (Application for Designation of Recognized Organization) |
| (1) | Any person who intends to be designated as a recognized organization under Article 48 of the Act (hereinafter referred to as "recognized organization") shall submit an application for designation (including electronic applications) to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, attached with the following documents (including electronic documents): <Amended on Mar. 23, 2013> |
| 1. | Documents substantiating compliance with the designation requirements prescribed in the subparagraphs of Article 18 (1); |
| 2. | A business plan stating the scope of verification; |
| 3. | Its organization and work rules; |
| 4. | Its articles of incorporation (for corporations only); |
| 5. | Other documents publicly notified by the Minister of Oceans and Fisheries as deemed necessary for verification. |
| (2) | Where the Minister of Oceans and Fisheries receives an application for designation as a recognized organization referred to in paragraph (1), he or she shall determine whether to designate the relevant applicant as a recognized organization by comprehensively reviewing compliance of such applicant with the designation requirements prescribed in the subpararaphs of Article 18 (1), the feasibility of its business plan, etc. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Oceans and Fisheries designates a recognized organization pursuant to paragraph (2), he or she shall issue a written designation prescribed by Ordinance of the Ministry of Oceans and Fisheries and publicly notify the following matters: <Amended on Mar. 23, 2013> |
| 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 when it has overseas offices); |
| 5. | The scope of verification; |
| 6. | The year, month and date of its designation as the recognized organization. |
| (4) | An agreement to be concluded between the Minister of Oceans and Fisheries and the recognized organization pursuant to the latter part, with the exception of its subparagraphs, of Article 48 (1) of the Act shall include the following: <Amended on Mar. 23, 2013> |
| 1. | The scope of the recognized organization’s services; |
| 2. | The period of the recognized organization’s services; |
| 3. | Other matters determined and publicly notified by the Minister of Oceans and Fisheries as necessary for vicarious verification. |
| Article 18 (Standards for Designating Recognized Organization) |
| (1) | The standards for designating a recognized organization prescribed in Article 48 (3) of the Act shall be as follows: <Amended on Oct. 2, 2018> |
| 1. | It shall have an organization dedicated to verification; |
| 2. | It shall have at least seven auditors referred to in paragraph (2); |
| 3. | It shall have at least 11 local offices. In such cases, at least one local office shall be located in at least seven Metropolitan Cities, Dos or Special Self-Governing Provinces respectively; |
| 4. | It shall have at least four overseas offices (applicable only when the designation as a recognized organization is intended for vessels engaged in international navigation). |
| (2) | The qualification standards for persons engaged in verification referred to in Article 48 (3) of the Act (hereinafter referred to as “auditor”) shall be as specified in attached Table 4. <Amended on Oct. 2, 2018> |
| Article 19 (International Conventions on Maritime Safety) |
“International conventions on maritime safety specified by Presidential Decree” in Article 55 (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. [This Article Wholly Amended on Nov. 14, 2014]
| Article 19-2 (Publication of Information on Degree of Safety on Vessels) |
“Vessels involved in any of the serious marine accidents specified by Presidential Decree” in the proviso, with the exception of its subparagraphs, of Article 57 (1) means vessels involved in any of the following marine accidents in relation to its structure, equipment, or operation: | 1. | An accident causing the death or disappearance of a person; |
| 2. | An accident causing the destruction of a vessel or the loss of its seaworthiness due to collision, stranding, overturning, sinking, etc., resulting in sea and river disaster relief operations or towing; |
| 3. | An accident causing the leakage of the following oil: |
[This Article Newly Inserted on Dec. 15, 2015]
[Previous Article 19-2 moved to Article 19-3 <Dec. 15, 2015>]
| Article 19-3 (Maritime Safety Supervisors) |
| (1) | The qualification standards for a maritime safety supervisor referred to in Article 58 (2) of the Act (hereinafter “maritime safety supervisor”) shall be as specified in attached Table 4-2. |
| (2) | Notwithstanding paragraph (1), with respect to a maritime safety supervisor employed by an agency the head of which (limited to the heads of local governments) is delegated with the authority for guidance and supervision by the Minister of Oceans and Fisheries under the proviso of Article 58 (2) of the Act, the head of such agency may partially reduce the qualification standards referred to in paragraph (1) in any of the following cases. In such cases, the head of the relevant agency shall hear opinions of the Minister of Oceans and Fisheries in advance: |
| 1. | Where it is deemed necessary to reduce the qualification standards referred to in paragraph (1) in consideration of the vessels subject to guidance and supervision, the size of the company, etc. prescribed in Article 58 (1) of the Act; |
| 2. | Where it is difficult to employ a person meeting the qualification standards referred to in paragraph (1) as a maritime safety supervisor. |
| (3) | A maritime safety supervisor subject to the jurisdiction of the Ministry of Oceans and Fisheries under the main sentence of Article 58 (2) of the Act shall be appointed and dismissed by the Minister of Oceans and Fisheries; a maritime safety supervisor subject to the jurisdiction of the head of an agency delegated with the authority of the Minister of Oceans and Fisheries pursuant to the proviso of Article 58 (2) of the Act shall be appointed and dismissed by the head of such agency. <Amended on Mar. 30, 2015> |
| (4) | A maritime safety supervisor shall perform the following duties: |
| 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 improvement order or a vessel detention order prescribed in Article 59 of the Act. |
| (5) | The Minister of Oceans and Fisheries shall determine and publicly notify matters necessary for the methods, procedures, etc. for performing the duties prescribed in paragraph (4). <Newly Inserted on Dec. 30, 2016> |
[This Article Newly Inserted on Nov. 14, 2014]
| Article 20 (Raising Objections) |
| (1) | A person who intends to raise an objection pursuant to Article 60 (3) of the Act shall prepare documents stating the grounds for such objection and documentary evidence and submit them to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries in receipt of an objection raised under paragraph (1) may request necessary documents from the relevant shipmaster, shipowner, the classification society (referring to the classification society referred to in Article 60 (2) of the Ship Safety Act; hereinafter the same shall apply), or a nation, etc. where the relevant vessel is registered, or hear opinions of the relevant experts. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Oceans and Fisheries recognizes the objection raised under paragraph (1) as reasonable, he or she shall immediately revoke the relevant rectification, supplementation or vessel detention order. <Amended on Mar. 23, 2013> |
| Article 20-2 (Maritime Safety Day) |
| (1) | The Maritime Safety Day referred to in Article 97-4 of the Act shall be the first day of every month. <Amended on Sep. 24, 2021> |
| (2) | The Minister of Oceans and Fisheries may hold necessary events for raising citizens' awareness of maritime safety, including education and public campaign, on Maritime Safety Day. In such cases, the Minister of Oceans and Fisheries may request cooperation necessary for holding such events from the heads of the relevant administrative agencies, the heads of public institutions, or other agencies, organizations, or individuals related to maritime safety. |
[This Article Newly Inserted on Nov. 14, 2014]
| Article 20-3 (Vessel Safety Manager's Association) |
The articles of incorporation of the Vessel Safety Managers' Association under Article 97-5 (3) of the Act shall include the following: | 3. | Location of its office (including branches or business places); |
| 4. | Matters concerning its business and the execution thereof; |
| 5. | Matters concerning the qualifications for membership and admission to and withdrawal from membership; |
| 6. | Matters concerning the rights and obligations of members; |
| 7. | Matters concerning its executive officers and employees; |
| 8. | Matters concerning its general meetings and board of directors; |
| 9. | Matters concerning its structure and organization; |
| 10. | Matters concerning its property and accounting; |
| 11. | Matters concerning the amendments to its articles of incorporation; |
| 12. | Matters concerning the methods of public announcement. |
[This Article Newly Inserted on Jan. 3, 2023]
| Article 21 (Delegation of Authority) |
| (1) | The Minister of Oceans and Fisheries shall delegate the following authority to the Mayor/Do Governor under Article 99 (1) of the Act: Provided, That subparagraphs 1 through 5, 8 and 8-3 shall not apply to the exclusive economic zone defined in Article 2 of the Exclusive Economic Zone Act and to the harbor areas of a national trade port and a national coastal port respectively referred to in paragraph (2) 1 and paragraph (3) 1 of Article 3 of the Harbor Act; and subparagraphs 6, 7 and 8-2 shall apply only to fishing vessels (excluding fishing vessels that have obtained permission for distant water fisheries prescribed in Article 6 (1) of the Distant Water Fisheries Development Act) or their places of business: <Amended on Mar. 23, 2013; Apr. 8, 2014; Nov. 14, 2014; Aug. 19, 2015; Dec. 15, 2015; Sep. 24, 2021> |
| 1. | Issuing an order to affix a sign on an obstruction to navigation or to take measures or directly affixing a sign pursuant to Article 26 (2) and (3) of the Act; |
| 2. | Determining hazards of an obstruction to navigation pursuant to Article 27 (1) of the Act; |
| 3. | Issuing an order to remove an obstruction to navigation or directly removing the same pursuant to Article 28 (2) and (3) of the Act; |
| 4. | Demanding submission of documents guaranteeing the payment of cost pursuant to Article 29 (1) of the Act; |
| 5. | Denying the entry or departure of a vessel into or from a domestic port or the permission for using a domestic mooring facility pursuant to Article 30 of the Act; |
| 6. | Guidance and supervision prescribed in Article 58 of the Act; |
| 7. | Issuing an improvement order pursuant to Article 59 of the Act; |
| 8. | Necessary measures prescribed in Article 101 (1) of the Act; |
| 8-2. | Imposing and collecting administrative fines pursuant to Article 110 (2) 2 and 3 of the Act; |
| 8-3. | Imposing and collecting administrative fines pursuant to Article 110 (3) 8 through 10 the Act; |
| 9. | Deleted. <Dec. 15, 2015> |
| (2) | The Minister of Oceans and Fisheries shall delegate the following authority to the head of a regional office of oceans and fisheries under Article 99 (1) of the Act: Provided, That subparagraphs 5 through 9, 27 and 28-3 shall apply only to the exclusive economic zone defined in Article 2 of the Exclusive Economic Zone Act and to harbor areas of a national trade port and a national coastal port, respectively prescribed in paragraph (2) 1 and paragraph (3) 1 of Article 3 of the Harbor Act; and subparagraphs 24, 25 and 28 shall not apply to fishing vessels (excluding fishing vessels that have obtained permission for distant water fisheries prescribed in Article 6 (1) of the Distant Water Fisheries Development Act) or their places of business: <Amended on Apr. 10, 2012; Mar. 23, 2013; Apr. 8, 2014; Nov. 14, 2014; Nov. 19, 2014; Mar. 30, 2015; Aug. 19, 2015; Dec. 15, 2015; Sep. 24, 2021; Jan. 3, 2023> |
| 1. | Duties relating to permitting entry to sheltered waters prescribed in Article 8 (2) through (4) of the Act; |
| 2. | Duties relating to entry to sheltered waters pursuant to Article 9 of the Act; |
| 3. | Implementing a fairway designation scheme referred to in Article 10 (2) of the Act; |
| 3-2. | Receiving a report on granting permission and providing public notice thereof pursuant to Article 13 (2) of the Act; |
| 4. | Duties relating to receipt, review, and notification of a written opinion prescribed in Articles 16 (1) and (2) and 18-2 (9) of the Act; |
| 5. | Issuing an order to affix a sign on an obstruction to navigation or to take measures or directly affixing a sign pursuant to Article 26 (2) and (3) of the Act; |
| 6. | Determining hazards of an obstruction to navigation pursuant to Article 27 (1) of the Act; |
| 7. | Issuing an order to remove an obstruction to navigation or directly removing the same pursuant to Article 28 (2) and (3) of the Act; |
| 8. | Demanding submission of documents guaranteeing the payment of expenses referred to in Article 29 (1) of the Act; |
| 9. | Denying the entry or departure of a vessel into or from a domestic port or the permission for using a domestic mooring facility pursuant to Article 30 of the Act; |
| 10. | Providing public notice pursuant to Article 31 (1) of the Act; |
| 11. | Designating and managing waters, etc. pursuant to Article 31 (2) of the Act; |
| 12. | Permitting a non-Korean vessel to pass through inland waters of the Republic of Korea pursuant to Article 32 (1) of the Act; |
| 13. | Issuing an order to control entry and departure of a vessel pursuant to Article 38 of the Act (excluding passenger vessels and fishing vessels); |
| 13-2. | Receiving a request to revoke the certificate of a marine officer or to suspend the validity thereof pursuant to Article 42 of the Act; |
| 14. | Installing, managing, and operating navigational aids pursuant to Article 44 (1) of the Act, and receiving a request to install an aid to navigation pursuant to paragraph (3) of the same Article; |
| 14-2. | Issuing an order to take measures pursuant to Article 45 (4) of the Act; |
| 15. | Receiving notification under the latter part of Article 46 (4) of the Act; |
| 15-2. | Receiving a report filed pursuant to Article 46-2 (3) of the Act; |
| 15-3. | Issuing an order to perform one's duties under Article 46-2 (5) of the Act; |
| 15-4. | Receiving notification under the latter part of Article 46-3 (4) of the Act; |
| 15-5. | Issuing an order to perform one's duties under Article 46-3 (6) of the Act; |
| 15-6. | Requesting the replacement of a person in charge under the former part of Article 46-3 (7) of the Act; |
| 16. | Conducting initial, renewal, intermediate and interim verifications provided for in Article 47 (1) 1 through 4 of the Act (excluding WIG crafts, and vessels and respective companies engaged in international navigation); |
| 17. | Additional verification provided for in Article 47 (1) 5 of the Act; |
| 18. | Issuing a certificate, and extending or suspending the validity thereof under Article 49 (1), (2), (5) and (6) of the Act (excluding WIG crafts, and vessels and respective companies engaged in international navigation); |
| 19. | Registration, or registration of modifications, of a safety management agency referred to in Article 51 of the Act; |
| 20. | Accepting a report on the succession to rights and obligations of a safety management agency pursuant to Article 53 (1) of the Act; |
| 21. | Accepting a report on temporary or permanent closure of a safety management agency pursuant to Article 53 (2) of the Act; |
| 22. | Revoking the registration of a safety management agency or suspending its business operation pursuant to Article 54 (1) of the Act; |
| 23. | Verifying necessary matters, and taking necessary actions or revoking such actions pursuant to Article 55 of the Act; |
| 23-2. | Conducting inspection and special inspection pursuant to Article 56 (1) and (2) of the Act, and issuing an order to make rectification or supplementation or to suspend the navigation of a vessel pursuant to paragraph (3) of the same Article; |
| 24. | Guidance and supervision prescribed in Article 58 of the Act; |
| 25. | Issuing an improvement order or a vessel detention order pursuant to Article 59 of the Act; |
| 25-2. | Collecting fees pursuant to Article 61 of the Act; |
| 26. | Holding hearings pursuant to subparagraph 4 of Article 98 of the Act; |
| 27. | Taking necessary measures pursuant to Article 101 (1) of the Act; |
| 28. | Imposing and collecting administrative fines pursuant to Article 110 (2) 2 and 3 of the Act; |
| 28-2. | Imposing and collecting administrative fines pursuant to Article 110 (3) 1 through 5 (in cases of subparagraphs 4 and 5, applicable only to administrative fines applied mutatis mutandis under Article 53 (1) or (2) of the Act), 11, 17, 18, 18-2, 19, and 22 through 24 of the Act; |
| 28-3. | Imposing and collecting administrative fines pursuant to Article 110 (3) 8 through 10 of the Act; |
| 29. | Imposing and collecting administrative fines pursuant to Article 110 (4) of the Act; |
| 30. | Imposing and collecting administrative fines pursuant to Article 110 (5) 1 of the Act. |
| (3) | Deleted. <Nov. 19, 2014> |
| (4) | Pursuant to Article 99 (2) of the Act, the Minister of Oceans and Fisheries shall delegate the authority to control the entry and departure of passenger vessels and fishing vessels prescribed in Article 38 of the Act to the chief of a coast guard station. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Commissioner of the Korea Coast Guard shall delegate the following authority to the chief of a coast guard station pursuant to Article 99 (1) of the Act: <Amended on Nov. 19, 2014; Dec. 15, 2015; Jul. 26, 2017; Jun. 2, 2020; Sep. 24, 2021> |
| 1. | Consultation prescribed in Article 12 (4) of the Act; |
| 2. | Permission for work or operations, report on granting permission, and suspension or revocation of permission prescribed in Article 13 of the Act; |
| 3. | Request for revocation of, or suspension of the validity of, a certificate of marine officer under Article 42 of the Act; |
| 4. | Request for installation of an aid to navigation under Article 44 (3) of the Act; |
| 5. | Hearings referred to in subparagraph 1 of Article 98 of the Act. |
| (7) | Where the Minister of Oceans and Fisheries intends to partially entrust his or her duties prescribed in this Act pursuant to Article 99 (3) of the Act, he or she shall determine and publicly notify the name, address, and representative of an institution to be entrusted with such duties, the details and processing methods of the duties to be entrusted, and other necessary matters. <Amended on Mar. 23, 2013; Nov. 19, 2014; Sep. 24, 2021; Jan. 3, 2023> |
[Title Amended on Sep. 24, 2021]
| Article 21-2 (Processing of Personally Identifiable Information) |
[This Article Newly Inserted on Jan. 3, 2023]
| Article 22 (Custody and Disposal of Vessels) |
| (1) | Where vessels, etc. referred to in Article 101 (2) of the Act are deemed to be inappropriately stored, the Minister of Oceans and Fisheries may sell them by public auction and keep the proceeds from the auction, if such vessels, etc. fall under any of the following cases: <Amended on Mar. 23, 2013> |
| 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 or combustibles, or contain health hazards or other storage hazards; |
| 3. | Where the storage costs of vessels, etc. are significantly higher than the prices. |
| (2) | The remaining amount of the money acquired through the public auction prescribed in paragraph (1), after deducting the cost of storage and the public auction, shall be deposited according to the Deposit Act, if any. |
| Article 22-2 (Re-Examination of Regulation) |
The Minister of Oceans and Fisheries shall examine the appropriateness of the following matters every three years, counting from January 1, 2022 (referring to the period that ends on the day before the relevant base date of every third year) and take measures such as making improvements:
| 1. | The scope of sea trial prohibition waterway under Article 7-2 and attached Table 2-2; |
| 2. | The ships subject to publication of information on degree of safety under Article 19-2. |
[This Article Wholly Amended on Jan. 3, 2023]
| Article 23 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines prescribed in Article 110 of the Act shall be as specified in attached Table 5.
ADDENDA <Presidential Decree No. 23373, Dec. 13, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 16, 2011.
Article 2 (Special Cases concerning Vessels Subject to Establishing Safety Management System)
| (1) | Notwithstanding the amended provisions of subparagraph 1 of Article 15, in cases of oil tankers, gas carriers and chemical tankers of 100 gross tonnage and upwards but less than 200 gross tonnage (including barges connected to motor vessels in close proximity to each other), the scope of application shall be vessels registered under Article 8 of the Ship Act on or 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, in cases of vessels pulling or pushing a barge of 2,000 gross tonnage and upwards but less than 3,000 gross tonnage or at least two barges with a combined gross tonnage of at least 2,000 tons and less than 3,000 tons, the scope of application shall be vessels registered under Article 8 of the Ship Act on or after July 1, 2012 and used for marine cargo transportation services prescribed in Article 23 of the Marine Transportation Act. |
Article 3 (Applicability to Administrative Dispositions for Violating Criteria for Operation under Influence of Alcohol)
The amended provisions of Article 14 shall begin to apply with the first person who falls under Article 14 after this Decree enters into force. Article 4 (Transitional Measures concerning Designated Persons and Safety Management Personnel)
The designated persons and safety management personnel assigned pursuant to the previous provisions as at the time this Decree enters into force shall be deemed designated persons and safety management personnel pursuant to the amended provisions of attached Table 3: Provided, That such designated persons and safety management personnel shall meet the education requirements prescribed in attached Table 3 within six months from the date this Decree enters into force.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 23717, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Imposing Administrative Fines)
The amended provisions of subparagraph 2 (r), (s), and (t) of attached Table 5 shall begin to apply with violations committed on and after January 17, 2012.
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.
ADDENDA <Presidential Decree No. 25299, Apr. 8, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 15 shall enter into force on April 8, 2014. Article 2 (Transitional Measures concerning Delegation of Authority)
| (1) | Notwithstanding the amended provisions of Article 21 (1) (limited to the parts pertaining to subparagraph 8-2) or (2) (limited to the parts pertaining to subparagraph 28-2), the previous provisions shall apply to imposing administrative fines where any ground for imposing administrative fines arises pursuant to Article 110 (3) 8 through 10 of the Act before this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of Article 21 (2) 16, the previous provisions shall apply where, before this Decree enters into force, an application for initial, renewal, intermediate or interim verification has been submitted for WIG crafts and the company thereof pursuant to Article 47 (1) 1 through 4 of the Act or the verification thereof is pending. |
| (3) | Where the WIG craft and the company thereof have passed the initial, renewal, intermediate or interim verification pursuant to Article 49 (1), (2), (5) and (6) of the Act before this Decree enters into force, notwithstanding the amended provisions of Article 21 (2) 18, the previous provisions shall apply if an application for extending the period of validity of a safety management certificate or a document of compliance has been submitted or any ground for suspending its effects has arisen. |
ADDENDA <Presidential Decree No. 25728, Nov. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 15, 2014: Provided, That the amended provisions of the main sentence of subparagraph 2 (r), other than (i) through (iii), and item (s) of attached Table 5 shall enter into force on March 25, 2015.
Article 2 (Transitional Measures concerning Delegation of Authority)
Notwithstanding the amended provisions of Article 21 (2) 24 and 25, the previous provisions shall apply where procedures for guidance and supervision prescribed in Article 58 of the Act or for an improvement order and a vessel detention order prescribed in Article 59 of the Act are in progress as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, from among the Presidential Decrees amended under Article 5 of the Addenda, shall enter into force on the respective enforcement dates of the relevant Presidential Decrees. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26175, Mar. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26497, Aug. 19, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26724, Dec. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Article 2 (Transitional Measures concerning Delegation of Authority)
Notwithstanding the amended provisions of Article 21 (2) 28-2, the previous provisions shall apply where an administrative fine is imposed by the Head of a Regional Office of Oceans and Fisheries under the previous provisions of Article 21 (2) 28 before this Decree enters into force and the procedures therefor are pending as at the time this Decree enters into force. Article 3 (Transitional Measures concerning Administrative Fines)
The dispositions to impose administrative fines for violations committed before this Decree enters into force pursuant to the previous provisions of subparagraphs 2 (z) and (aa) of attached Table 5 shall not be included in determining the number of violations pursuant to the amended provisions of subparagraphs 2 (bb) and (cc) of attached Table 5.
ADDENDA <Presidential Decree No. 27747, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 15 (1) 3 shall enter into force one month after the date of its promulgation. Article 2 (Transitional Measures concerning Strengthening Qualification Standards for Designated Persons)
Where a shipowner employs a designated person or safety management personnel for the business place of a domestic vessel pursuant to Article 46 (5) of the Act as at the time this Decree enters into force, notwithstanding the amended provisions of attached Table 3, such designated person or safety management personnel shall be deemed to meet the qualification standards: Provided, That the shipowner shall appoint a designated person or safety management personnel meeting the qualification standards prescribed in the amended provisions of the same Table for the business place of the domestic vessel by December 31, 2019.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, from among the Presidential Decrees amended under Article 8 of the Addenda, shall enter into force on the respective enforcement dates of the relevant Presidential Decrees. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28243, Aug. 16, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29215, Oct. 2, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 18, 2018.
Article 2 (Transitional Measures concerning Scope of Projects Subject to Safety Examinations)
Where a project implementer, the head of a State organ or the head of a local government conducts marine traffic safety examinations pursuant to Articles 15 and 18-2 of the Act before this Decree enters into force (including cases where he or she concludes a contract with a safety examination agent to conduct marine traffic safety examinations on his or her behalf pursuant to Article 19 (1) of the Act), notwithstanding the amended provisions of the latter part of note 1 of attached Table 2-3, the previous provisions shall apply.
ADDENDA <Presidential Decree No. 29880, Jun. 18, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2019: Provided, That the amended provisions of Articles 10 and 15 and attached Table 2-2 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Qualification Standards for Auditors and Maritime Safety Supervisors)
| (1) | The education received on the understanding of the guidelines, etc. published by the Korea Ship Safety Technology Authority under the previous provisions as at the time this Decree enters into force shall be deemed education received on the understanding of the guidelines, etc. published by the Korea Maritime Transportation Safety Authority under the amended provisions of subparagraph 3 (b) of attached Table 4. |
| (2) | The work experience as a ship surveyor at the Korea Ship Safety Technology Authority prescribed in the previous provisions as at the time this Decree enters into force shall be deemed work experience as a ship surveyor at the Korea Maritime Transportation Safety Authority prescribed in the amended provisions of subparagraphs 1 and 2 of attached Table 4-2. |
Article 3 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
The dispositions to impose administrative fines for violating subparagraphs 2 (dd) through (qq) and (zz) of attached Table 5 shall be included in determining the number of violations pursuant to the amended provisions of subparagraphs 2 (dd) through (qq) and (zz) of attached Table 5.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
Article 5 (Transitional Measures concerning Amendments to the Enforcement Decree of the Maritime Safety Act) | (1) | In applying the criteria for imposing administrative fines for violations committed before this Decree enters into force, the previous provisions shall apply notwithstanding the amended provisions of attached Table 5 of the Enforcement Decree of the Maritime Safety Act. |
| (2) | Dispositions of imposing administrative fines for violations committed before this Decree enters into force shall not be included in counting the number of violations under the amended provisions of subparagraph 2 (q) (ii) of attached Table 5 of the Enforcement Decree of the Maritime Safety Act. |
ADDENDA <Presidential Decree No. 30752, Jun. 2, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2020.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 30876, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 30877, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 31176, Nov. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Means of Public Announcement)
This Decree shall begin to apply to a public announcement, publication, disclosure or public notice made after this Decree enters into force.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 32011, Sep. 24, 2021>
This Decree shall enter into force on October 14, 2021.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33201, Jan. 3, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 5, 2023.
Article 2 (Applicability to Marine Traffic Safety Examination of Projects Subject to Safety Examination with Modified Business Plan)
The amended provisions of Article 7-3 (2) shall begin to apply where a plan for projects subject to safety examination is modified after this Decree enters into force. Article 3 Omitted.