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| Article 29 (Agreement on Cargo Rates) |
| (1) | Any person who has registered overseas cargo transportation services (hereinafter referred to as "provider of overseas cargo transportation services") may enter into an agreement on cargo rates, allocation of vessels, stowage of cargo, and other transport terms and conditions, or into the joint activities (in cases of persons providing non-scheduled overseas cargo transportation services, excluding an agreement on cargo rates or joint activities; hereinafter referred to as "agreement") with other providers of overseas cargo transportation services (including foreign providers of cargo transportation services): |
| (2) | When a provider of overseas cargo transportation services (including foreign providers of cargo transportation services who provide marine cargo transportation services between domestic and foreign ports) has entered into an agreement under paragraph (1), he/she shall file a report on its terms with the Minister of Oceans and Fisheries as prescribed by Ministerial Decree of Oceans and Fisheries. The same shall also apply when the terms of such agreement have been altered. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Within two days from the date of receipt of a report or alteration report under paragraph (2), the Minister of Oceans and Fisheries shall notify the reporting person of whether his/her report is accepted. <Added on Mar. 21, 2017> |
| (4) | Where the Minister of Oceans and Fisheries fails to notify, within the period prescribed in paragraph (3), whether his/her report is accepted or whether the treatment period of such report is extended pursuant to a statute related to the treatment of civil petitions, he/she shall be deemed accepted the report on the date immediately after the date such period ends. <Added on Mar. 21, 2017> |
| (5) | The Minister of Oceans and Fisheries may, where the terms of an agreement reported pursuant to paragraph (2) fall under any of the following subparagraphs, order such necessary measures as the suspension of performance or the modification or adjustment, etc. of the terms of the said agreement: |
| 1. | Where such terms violate the proviso to paragraph (1) or any international convention; |
| 2. | Where such terms distort orderly marine cargo transportation by unfairly stipulating the allocation of vessels, stowage of cargoes, and other transportation terms; |
| 3. | Where such terms substantially restrict competition by unfairly raising cargo or fare rates, or decreasing the frequency of operations. |
| (6) | The providers of overseas cargo transportation services who have entered into an agreement under paragraph (1) and a shippers' association prescribed by Presidential Decree shall mutually exchange sufficient information on transport conditions, such as cargo rates and incidental expenses, as prescribed by Ministerial Decree of Oceans and Fisheries, and consult with each other on the said transport conditions before filing the report referred to in paragraph (2). In such cases, the relevant parties shall not refuse such exchange of information or consultation without justifiable grounds. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 21, 2017> |