ACT ON THE INVESTIGATION OF AND INQUIRY INTO MARINE ACCIDENTS

영문법령 불러오는 중…

ACT ON THE INVESTIGATION OF AND INQUIRY INTO MARINE ACCIDENTS — 법갈피

Article 9-2(Appointment of and qualifications for judges) #

(1) The judges of the Korean Tribunal shall be appointed by the President, upon the recommendation of the Minister of Oceans and Fisheries, whereas the judges of a District Tribunal shall be appointed by the Minister of Oceans and Fisheries on the recommendation of the Commissioner of the Korean Tribunal. <Amended on Mar. 23, 2013>

(2) A person qualified as a judge of the Korean Tribunal shall be any of the following persons:

1. A person who has served as a judge of a District Tribunal for not less than four years;

2. A person who, after having obtained a license for second-class or higher ship officer as mate, engineer or operator (hereinafter referred to as "license for second-class or higher ship officer"), has served as a state public official in general service of Grade IV or higher for not less than four years;

3. A person who has served as a state public official in general service of Grade III or higher in administering maritime affairs and fisheries for not less than three years;

4. A person whose total period of service under subparagraphs 1 through 3 is not less than four years.

(3) A person qualified as a judge of a District Tribunal shall be any of the following persons:

1. A person who, after having obtained a license for first-class ship officer as a mate, engineer or operator, has been on board as the captain or chief engineer of a ship which navigates a deep sea area as its navigation area for not less than three years;

2. A person who, after having obtained a license for second-class or higher ship officer, has served as a state public official in general service of Grade V or higher for not less than two years;

3. A person who, after having obtained a license for second-class or higher ship officer, has taught any subject on the navigation of ships or steerage of ship engines at an educational institution determined by Presidential Decree for not less than three years;

4. A person whose total period of service under subparagraphs 1 through 3 is not less than three years;

5. A person who is admitted to the bar and has worked as an attorney-at-law for not less than three years.

[This Article Wholly Amended on Dec. 29, 2009]

Article 15(Disqualification of, challenge to, or refrainment by judges and non-permanent judges) #

(1) Where any judge (including any presiding judge; hereafter the same shall apply in this Article) or non-permanent judge falls under any of the following subparagraphs, he or she shall be disqualified from the execution of his or her duties:

1. Where he or she is or was a relative of a person involved in the marine accident;

2. Where he or she bears witness to or gives an expert opinion on the case concerned;

3. Where he or she takes part in the case concerned as an inquiry counsel or representative of the person involved in the marine accident;

4. Where he or she performs the duties of an investigator in the case concerned;

5. Where he or she takes part in the inquiry of the previous trial;

6. Where he or she is the owner, operator or charterer of a ship which is subject to the inquiry.

(2) Any investigator, person involved in the marine accident and inquiry counsel may file a request for challenge to a judge and non-permanent judge in any of the following cases:

1. Where the judge or non-permanent judge falls under any of the subparagraphs of paragraph (1);

2. Where the judge or non-permanent judge is likely to make an unfair inquiry.

(3) A person who has already made a statement about the case concerned at the inquiry court is not allowed to file a request for challenge for the reason referred to in paragraph (2)2 only; provided, where he or she was not aware that a reason for challenge exists, or a reason for challenge occurs thereafter, the same shall not apply.

(4) Any judge or non-permanent judge shall, if it is deemed that a reason under paragraph (2) exists, refrain from the execution of his or her duties. <Amended on Dec. 31, 2018>

(5) A decision on the disqualification of, challenge to, or refrainment by a judge or non-permanent judge shall be made by the collegiate inquiry board of the Tribunal to which he or she belongs; provided, if a special inquiry division is established, such decision shall be made by the collegiate inquiry board of the District Tribunal in which the special inquiry division is established.

[This Article Wholly Amended on Dec. 29, 2009]

Article 18-3(Formation of special investigation board) #

(1) Where the Chief Investigator of the Korean Tribunal deems it necessary to conduct a special investigation into any of the following marine accidents in order to prevent marine accidents in addition to investigations upon a request for an inquiry, he or she may organize a special investigation board:

1. A marine accident that results in a loss of human life;

2. A marine accident that results in severe damage to a ship or any other facility to the extent that the ship or facility can no longer perform its essential functions;

3. A marine accident which causes serious marine pollution due to the leakage of oil, etc.

4. A marine accident or near-miss requiring international cooperation for investigation, other than the marine accidents specified in subparagraphs 1 through 3.

(2) A special investigation board under paragraph (1) (hereinafter referred to as "special investigation board") shall be comprised of not more than 10 persons who fall under any of the following subparagraphs, and the head of the special investigation board shall be appointed by the Chief Investigator of the Korean Tribunal, from among investigators; provided, the Chief Investigator of the Korean Tribunal him or herself may serve as the head of a special investigation board, where a case is crucially important:

1. Investigators (including chief investigators; hereinafter the same shall apply);

2. Public officials from an agency related to marine accidents;

3. Experts that specialize in marine accidents.

(3) The head of a special investigation board shall prepare an investigation report and submit the report to the Minister of Oceans and Fisheries and the Chief Investigator of the Korean Tribunal within ten days after he or she completes investigations, whereupon the Chief Investigator of the Korean Tribunal shall forward the submitted report to the heads of related administrative agencies and the International Maritime Organization (only if a marine accident shall be reported to the organization pursuant to an international agreement that takes effect internationally in relation to investigation and inquiry into marine accidents). <Amended on Mar. 23, 2013>

(4) The Chief Investigator of the Korean Tribunal shall publish an investigation report under paragraph (3); provided, the foregoing shall not apply where such publishing is likely to undermine the national security.

(5) Where any significant evidence likely to change the outcomes of an investigation into a marine accident is discovered after the investigation by a special investigation board into such marine accident is completed, the Chief Investigator of the Korean Tribunal may re-investigate the marine accident.

(6) Investigations by a special investigation board into a marine accident shall be independently conducted, separately from judicial proceedings for civil and criminal liabilities, procedures for conducting an investigation upon a request for inquiry, procedures for taking an administrative disposition, and the proceedings of administrative litigation, and Articles 18 and 18-2 shall not apply to investigators of a special investigation board.

(7) Information acquired in the course of conducting investigations by a special investigation board into a marine accident shall be disclosed to the public; provided, it is not required to disclose the information specified by Presidential Decree that is likely to have a negative impact on investigations into the relevant marine accident or investigations into marine accidents in the future or likely to undermine the national security or invade a person’s privacy.

(8) Necessary matters concerning the operation of a special investigation board, including procedures for conducting an investigation into a marine accident and methods for preparing an investigation report, shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Jun. 15, 2011]

Article 35(Preservation of evidence) #

(1) Where an investigator, a person involved in a marine accident, or an inquiry counsel deems it impracticable to admit a material as evidence unless such material is preserved as evidence and files an application for the preservation of evidence, the competent Tribunal may conduct an inspection or hear expert opinions even before a request for an inquiry is filed. <Amended on Jun. 15, 2011>

(2) The evidence shall be indicated in writing in an application filed under paragraph (1), and the reason for preserving such evidence shall be stated therein.

(3) No one shall conduct any of the following acts where a marine accident occurs; provided, this shall not apply where it is necessary to perform the act referred to in subparagraph 5 in order to protect significant public interests, such as ensuring safety of seafarers or a ship and protecting the marine environment, or to rescue human lives: <Amended on Mar. 24, 2014; Dec. 31, 2018; Jul. 25, 2023>

1. Destruction or alteration of the following publications, documents, etc. which are kept, recorded or preserved in a ship involved in the marine accident (including electronic publications, documents; hereafter referred to as "records" in this paragraph):

a. Publications for navigation the ship owner should keep in the ship pursuant to Article 32 of the Ship Safety Act;

b. Documents the captain should keep in the ship pursuant to Article 20(1) of the Seafarers Act and documents the captain should record and keep pursuant to paragraph (2) of the same Article;

2. Destruction or alteration of records, which are prepared and preserved or kept in a ship involved in the marine accident either by the owner of the relevant ship for which a safety control system under Article 46(2) of the Sea Traffic Safety Act should be established and implemented or by a safety control agency under Article 53 of the same Act, with respect to the establishment and implementation of the safety control system for the relevant ship;

3. Destruction or alteration of records, which are prepared and preserved either by the owner of a ship involved in the marine accident, other than the ship referred to in subparagraph 2, or by a ship manager referred to in subparagraph 2 of Article 2 of the Ship Management Industry Development Act, with respect to the operation and maintenance of the relevant ship and the management of its seafarers;

4. Destruction or alteration of records, which are prepared and preserved with respect to vessel traffic control or marine traffic control between a ship involved in the marine accident and an institution performing vessel traffic control under Article 2(1) of the Sea Traffic Safety Act;

5. Repair of the damaged hull, engine and various instruments and meters or other damaged part of a ship involved in the marine accident.

(4) The captain of a ship in which a voyage date recorder prescribed by the standards for ship's facilities (hereafter referred to as "voyage date recorder" in this paragraph) is installed pursuant to Article 26 of the Ship Safety Act shall take measures, without delay, to preserve the information in the voyage date recorder, where any marine accident occurs in connection with the ship. <Added on Mar. 24, 2014>

[This Article Wholly Amended on Dec. 29, 2009]

Article 90(Administrative fines) #

(1) Any person who gives disadvantages, such as dismissal, transfer, a disciplinary action, unfair treatment and other disadvantages in connection with the status and treatment, to a person who has borne witness, given an expert opinion, made a statement, or submitted materials or Articles with respect to investigation and inquiry into a marine accident for doing so, in violation of Article 85-2, shall be punished by an administrative fine not exceeding 10 million won. <Added on Mar. 24, 2014>

(2) Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended on Mar. 24, 2014; Dec. 31, 2018>

1. A person who fails to implement a judgment ordering correction or improvement under Article 5(3);

2. A person who violates Article 35(3);

2-2. A person who violates Article 35(4);

3. A person who fails to comply with a disposition of the investigator under of Article 37(1)1 through 3, or who interferes with a compliance with the disposition; provided, in cases falling under Article 37(1)1 and 3, a person who is not directly related to the cause of a marine accident shall be excluded therefrom;

4. A person who refuses, interferes with or evades an inspection conducted by each Tribunal under Article 48(2)1;

5. A person who fails to present books, documents or other things which he or she is ordered to present by each Tribunal under Article 48(2)2, or who presents books, documents or other things having any false content;

6. A person who makes a false statement, in contravention of the oath under Article 49.

(3) Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended on Mar. 24, 2014; Dec. 31, 2018>

1. A person involved in a marine accident who has been summoned on two consecutive occasions by each Tribunal but fails to appear without a justifiable reason;

2. A witness, expert witness, interpreter or translator who has been summoned on two consecutive occasions by each Tribunal but fails to appear or fulfill his or her duty without a justifiable reason;

3. A person who fails to obey an order by a presiding judge under Article 42(2).

(4) Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the commissioner of each Tribunal, as prescribed by Presidential Decree. <Amended on Mar. 24, 2014>

[This Article Wholly Amended on Dec. 29, 2009]

ACT ON THE INVESTIGATION OF AND INQUIRY INTO MARINE ACCIDENTS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Establishment of tribunals) #

Article 4(Examination on causes of marine accidents) #

Article 5(Judgment) #

Article 5-2(Request for correction) #

Article 6(Categories of disciplinary actions and extenuation) #

Article 6-2(Suspending execution of disciplinary actions) #

Article 6-3(Order to finish job training course) #

Article 6-4(Nullification of suspension of execution) #

Article 6-5(Effects of suspension of execution) #

Article 7(Prohibition against double jeopardy) #

Article 7-2(Hearings from tribunals prior to public prosecution) #

Article 7-3(Terms of inquiry tribunal) #

Article 8(Organization of tribunals) #

Article 9(Commissioners of Korean Tribunal and each District Tribunals) #

Article 9-2(Appointment of and qualifications for judges) #

Article 10(Disqualifications) #

Article 11(Duties of commissioners and judges) #

Article 12(Independent authority of judges) #

Article 13(Status and terms of office for judges) #

Article 13-2(Transfer of judges) #

Article 14(Non-permanent judges) #

Article 15(Disqualification of, challenge to, or refrainment by judges and non-permanent judges) #

Article 16(Investigators) #

Article 16-2(Qualifications for investigators) #

Article 17(Duties of investigators) #

Article 18(Direction and supervision over investigative affairs) #

Article 18-2(Delegation and transfer of, and succession to, duties of investigators) #

Article 18-3(Formation of special investigation board) #

Article 19(Direction and supervision of general affairs by investigators) #

Article 20 #

Article 20-2(Training and education of judges and investigators) #

Article 21(Instances) #

Article 22(Organization and resolutions of inquiry board) #

Article 22-2(Organization of special inquiry division) #

Article 23(Personnel of inquiry board) #

Article 24(Jurisdiction) #

Article 25(Transfer of cases) #

Article 26(Request for transfer of jurisdiction) #

Article 27(Appointment of inquiry counsels) #

Article 28(Qualifications for and registration of inquiry counsels) #

Article 28-2(Disqualifications for inquiry counsels) #

Article 29(Duties of inquiry counsels) #

Article 29-2(Revocation of registration of inquiry counsels) #

Article 30(Selection of tribunal-appointed inquiry counsels) #

Article 30-2(Inquiry Counsels Association) #

Article 30-3(Business) #

Article 30-4(Procedures of incorporation) #

Article 30-5(Application mutatis mutandis of the civil act) #

Article 31(Duties of maritime affairs and fisheries agency) #

Article 31-2(Informing of marine near-misses) #

Article 32(Duties of consuls) #

Article 33(Request for investigation of fact) #

Article 34(Investigation and settlement of marine accidents) #

Article 35(Preservation of evidence) #

Article 36(Confidentiality) #

Article 37(Authority of investigators) #

Article 38(Requests for inquiry) #

Article 38-2(Requests for summary inquiry) #

Article 39(Designation and notification of persons involved in marine accidents) #

Article 39-2(Application for inquiry by interested parties) #

Article 40(Commencement of inquiry) #

Article 41(Public inquiry) #

Article 41-2(Remote video inquiry) #

Article 41-3(Procedures for summary inquiry) #

Article 42(Power of presiding judge) #

Article 43(Designation and change of inquiry date) #

Article 43-2(Concentrated trial) #

Article 44(Summon and examination) #

Article 44-2(Interested parties’ participation in inquiry) #

Article 44-3(Stenography, audio recording and video recording at inquiry tribunals) #

Article 44-4(Perusal or duplication of related documents and evidence) #

Article 45(Necessary oral pleadings) #

Article 46(Identity interrogation) #

Article 47(Opening statement of investigator) #

Article 48(Investigation of evidence) #

Article 48-2(Use of hangul for evidential material) #

Article 49(Oath) #