AIDS TO NAVIGATION ACT

영문법령 불러오는 중…

AIDS TO NAVIGATION ACT — 법갈피

Article 14(Establishment and management of wreck markings) #

(1) Where a vessel sunken or grounded in waters used for the navigation of vessels and prescribed by Presidential Decree obstructs the navigation of other vessels, the owner of the relevant vessel shall without delay establish and manage aids to navigation to mark the sunken or grounded vessel (hereinafter referred to as "wreck marking") and shall file a report on such fact with the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.

(2) Where the Minister of Oceans and Fisheries deems that a wreck marking established pursuant to paragraph (1) is likely to severely disrupt the safety of navigation of vessels, he or she may order the owner of the sunken or grounded vessel to take necessary measures, such as the additional establishment or change of position of the wreck marking. In such cases, a person who has taken necessary measures, such as additionally establishing or changing the positioning of wreck markings in accordance with the order of the Minister of Oceans and Fisheries shall inform the Minister of such fact.

(3) A person obliged to establish and manage wreck markings pursuant to paragraph (1) may request the Minister of Oceans and Fisheries to establish and manage the wreck markings on his or her behalf, on condition that he or she bear the costs, as prescribed by Presidential Decree.

(4) Notwithstanding paragraphs (1) and (3), the Minister of Oceans and Fisheries may directly establish and manage wreck markings in the following cases to prevent marine accidents and claim the costs thereof from the owner of the sunken or grounded vessel:

1. Where it is urgently necessary to establish wreck markings;

2. Where the owner of a sunken or grounded vessel does not establish wreck markings;

3. Where wreck markings fail to be established due to other causes.

(5) Matters necessary for the methods of calculation, period of payment, etc. of costs of establishing and managing wreck markings in cases where the Minister of Oceans and Fisheries establishes and manages the wreck markings pursuant to paragraph (3) or (4) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 15(Deemed permission) #

(1) Where permission is obtained or a report is filed pursuant to Article 9 (6), 13 (1), 14 (1), or 19 (1), or where the owner of a sunken or grounded vessel establishes wreck markings additionally or changes the position of the wreck markings established in compliance with an order issued by the Minister of Oceans and Fisheries to take measures prescribed in Article 14 (2), the following permission, approval, or report shall be deemed granted or filed:

1. Permission to occupy and use public waters prescribed in Article 8 of the Public Waters Management and Reclamation Act, and approval for or reporting on implementation plans for occupation and use prescribed in Article 17 of the same Act;

2. Permission to occupy and use rivers prescribed in Article 33 of the River Act.

(2) Where the Minister of Oceans and Fisheries intends to grant permission to establish or change aids to navigation pursuant to Article 9 (6), 13 (1), or 19 (1), he or she shall have a prior consultation with the heads of relevant administrative agencies on any of the matters prescribed in the subparagraphs of paragraph (1).

(3) Where the owner of a vessel establishes a wreck marking and files a report on such fact pursuant to Article 14 (1), or establishes a wreck marking additionally or changes the position of a wreck marking established pursuant to paragraph (2) of the same Article, the Minister of Oceans and Fisheries shall notify the heads of the relevant administrative agencies of any of the matters prescribed in the subparagraphs of paragraph (1).

(4) The heads of relevant administrative agencies shall submit their opinions within 10 days from the date of receiving a request for consultation referred to in paragraph (2). <Added on Jan. 15, 2019; May 16, 2023>

(5) Except as provided in paragraphs (1) through (4), Articles 24 through 26 of the Framework Act on Administration shall apply mutatis mutandis to the standards and effects of permission, approval, and report deemed granted under the subparagraphs of paragraph (1). <Amended on May 16, 2023>

Article 18(Management of private aids to navigation) #

(1) The owners of aids to navigation established by persons other than the Minister of Oceans and Fisheries pursuant to Article 9 (6), 13, or 14 (hereinafter referred to as "private aids to navigation") shall employ a person who engages in the management of the private aids to navigation (hereinafter referred to as "staff member managing private aids to navigation") and have equipment and facilities in place necessary for managing the private aids to navigation before filing a report with the Minister of Oceans and Fisheries; provided, the same shall not apply to the following cases:

1. Requesting the Minister of Oceans and Fisheries to establish and manage wreck markings on his or her behalf pursuant to Article 14 (3);

2. Outsourcing the management of private aids to navigation to persons whose business of outsourced management of private aids to navigation has been registered pursuant to Article 23 (1) (hereinafter referred to as "outsourced management business entity").

(2) Where the owner of a private aid to navigation falls under any of the following cases, he or she shall file a report on such fact with the Minister of Oceans and Fisheries, as prescribed by Decree of the Ministry of Oceans and Fisheries:

1. Transferring a private aid to navigation to another person;

2. Outsourcing the management of a private aid to navigation to an outsourced management business entity;

3. Where a private aid to navigation is malfunctioning due to a blackout, being lost in the signals, sinking, collapse, moved position, etc.

(3) The owner or outsourced management business entity of a private aid to navigation shall manage the relevant private aid to navigation to prevent it from malfunctioning.

(4) Where a private aid to navigation is malfunctioning due to a blackout, being lost in the signals, sinking, collapse, location change, etc. or impedes marine traffic, the Minister of Oceans and Fisheries may order the owner or the outsourced management business entity thereof to take measures necessary to eliminate such impediment within a specified period.

(5) Upon receiving a report prescribed in paragraph (2) 1, the Minister of Oceans and Fisheries shall notify the person who has filed the report, of whether his or her report has been accepted within six days from the date of receipt thereof. <Added on Jan. 15, 2019>

(6) Where the Minister of Oceans and Fisheries fails to notify the person who has filed the report, of whether his or her report has been accepted or the extension of its processing period pursuant to the statutes or regulations governing processing civil petitions within the period prescribed in paragraph (5), the report shall be deemed accepted on the day after the end of such period (where the processing period is extended or re-extended pursuant to the statutes or regulations governing processing civil petitions, referring to such extended period). <Added on Jan. 15, 2019>

Article 23(Registration of outsourced management business) #

(1) A person who intends to undertake the outsourced management of private aids to navigation (hereinafter referred to as "outsourced management business") shall file for registration with the Minister of Oceans and Fisheries, as prescribed by Decree of the Ministry of Oceans and Fisheries in compliance with the registration standards prescribed by Presidential Decree in terms of the number of staff members managing private aids to navigation, facilities, capital, etc. The same shall apply to any revision of matters registered.

(2) None of the following persons shall become an outsourced management business entity:

1. A minor;

2. A person under adult guardianship or limited guardianship;

3. A person for whom three years have not passed since his or her imprisonment with labor declared by a court for violating this Act or Article 186 of the Criminal Act was completely executed (including cases where such sentence is deemed executed) or exempted;

4. A person under the suspension of the execution of his or her punishment for violating this Act or Article 186 of the Criminal Act;

5. A person for whom two years have not passed since his or her registration of outsourced management business is revoked pursuant to Article 26 (excluding cases where the registration of outsourced management business is revoked as he or she falls under subparagraph 1 or 2 of this paragraph);

6. A corporation the representative of which is a person who falls under any of subparagraphs 1 through 5.

(3) Where an outsourced management business entity registers to do business, the Minister of Oceans and Fisheries shall issue a certificate of registration of outsourced management business to such entity, as prescribed by Decree of the Ministry of Oceans and Fisheries.

(4) An outsourced management business entity who has had a certificate of registration issued pursuant to paragraph (3) shall, if there is any change in the matters prescribed by Decree of the Ministry of Oceans and Fisheries among the matters entered in the certificate of registration of outsourced management business, request the Minister of Oceans and Fisheries to change such matters entered within 30 days, as prescribed by Decree of the Ministry of Oceans and Fisheries.

(5) Deleted. <Jan. 4, 2022>

Article 24(Succession to rights and obligations) #

(1) Where an outsourced management business entity transfers the relevant business or dies, or where a corporation is merged with another corporation, the transferee or inheritor, or the corporation surviving the merger or the corporation established by the merger shall succeed to the rights and obligations that ensue from the registration thereof.

(2) A person who takes over the entire facilities and equipment of an outsourced management business entity by means of a court auction under the Civil Execution Act, realization under the Debtor Rehabilitation and Bankruptcy Act, sale of seized property under the National Tax Collection Act, the Customs Act or the Framework Act on Local Taxes, and other procedures corresponding thereto shall succeed to the rights and obligations that ensue from the registration thereof.

(3) A person who succeeds to rights and obligations pursuant to paragraph (1) shall file a report on such fact with the Minister of Oceans and Fisheries within 30 days from the date he or she succeeds to such rights and obligations, as prescribed by Decree of the Ministry of Oceans and Fisheries.

(4) Article 23 (2) shall apply mutatis mutandis to grounds for disqualification of persons who succeed to rights and obligations pursuant to paragraph (1) or (2).

(5) Upon receiving a report under paragraph (3), the Minister of Oceans and Fisheries shall notify the person who has filed the report, of whether his or her report has been accepted within the period prescribed by Decree of the Ministry of Oceans and Fisheries from the date of receipt thereof. <Added on Jan. 15, 2019>

Article 26(Revocation of registration of outsourced management business) #

(1) Where an outsourced management business entity falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the registration of outsourced management business or issue an order to suspend business for a specified period not exceeding one year; provided, in cases falling under any of subparagraphs 1 through 3, or subparagraph 6, he or she shall revoke the registration: <Amended on Mar. 24, 2020; Apr. 22, 2025>

1. Filing for registration of outsourced management business by fraud or other improper means;

2. Lending a certificate of registration of outsourced management business to other persons;

3. Concluding a new outsourced management contract for the management of private aids to navigation during the period of suspension of business;

4. Thirty days have passed from the date an outsourced management business entity failed to meet the registration standards for outsourced management business prescribed in the former part of Article 23 (1); provided, this shall not apply in cases prescribed by Presidential Decree where a micro enterprise defined in Article 2 of the Framework Act on Micro Enterprises or a small enterprise defined in Article 2 (2) of the Framework Act on Small and Medium Enterprises temporarily fails to meet the registration standards;

5. Changing matters registered without filing registration for change, in violation of the latter part of Article 23 (1) or registering change by fraud;

6. Being disqualified under the subparagraphs of Article 23 (2) (including cases which are applied mutatis mutandis in 24 (4)); provided, the following cases shall be excluded:

(a) Being disqualified under any subparagraph of Article 23 (2) due to inheritance but the ground for disqualification ceases to exist within three months;

(b) Where a corporation which falls under Article 23 (2) 6 replaces its representative who is disqualified within three months;

7. Commencing, suspending, or resuming business without filing a report on the commencement of business, suspension of business, or resumption of business, in violation of Article 25;

8. Failing to resume business within one year from the date of registration without good cause.

(2) Where an outsourced management business entity becomes subject to a disposition to revoke registration of outsourced management business or suspension of business under paragraph (1), such entity shall inform the owner of the private aid to navigation who outsourced the management thereof of such fact within 15 days from the date he or she becomes subject to such disposition.

(3) Matters such as detailed standards, procedures, etc. for dispositions under paragraph (1) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 39(Agency for inspection affairs) #

(1) The Minister of Oceans and Fisheries may have an inspection agency designated in accordance with the standards and procedures prescribed by Decree of the Ministry of Oceans and Fisheries (hereinafter referred to as "inspection agency") conduct inspections of the performance of aids to navigation equipment, supplies, etc. prescribed in Article 38 (1) (hereinafter referred to as "inspection of equipment, supplies"). <Amended on Jan. 4, 2022>

(2) Notwithstanding Articles 32 and 47 of the State Property Act, the State may, if necessary for an inspection agency to conduct inspections of equipment, supplies, etc. on its behalf, permit such agency to use facilities for the testing, inspection, etc. of aids to navigation or lease such facilities to such agency without compensation. In such cases, the Act on Regulation of Special Cases of State Property shall apply to the period of use without compensation. <Amended on Jan. 4, 2022>

(3) Where an inspection agency intends to suspend or close the agency business of inspecting equipment and supplies, it shall file a report thereon with the Minister of Oceans and Fisheries not later than 30 days from the date it intends to suspend or close the agency business, as prescribed by Decree of the Ministry of Oceans and Fisheries.

(4) In order to confirm whether an inspection agency is operated in compliance with the designation standards prescribed in paragraph (1), the Minister of Oceans and Fisheries may have them submit necessary materials, and have the relevant public officials enter the offices of the inspection agency or places at which equipment and supplies are inspected to investigate or inspect the current status of management, etc.

(5) A relevant public official who makes an entry pursuant to paragraph (4) shall carry identification verifying his or her authority and present it to relevant persons.

(6) Where the Minister of Oceans and Fisheries intends to enter offices, etc. to investigate the current status, etc. of management or to inspect business papers and other documents pursuant to paragraph (4), he or she shall notify the inspection agency of the purpose, date, period, etc. of the entry in writing not later than seven days before the investigation or inspection; provided, the same shall not apply to cases where urgency is required or advance notice is deemed to make it impossible to attain the purpose of the investigation or inspection due to destruction of evidence, etc.

(7) Matters necessary for guiding and supervising an inspection agency other than those provided in paragraphs (4) through (6) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 41(Establishment of Korea Institute of Aids to Navigation) #

(1) For technology development for aids to navigation and efficient management of facilities related to aids to navigation, the Korea Institute of Aids to Navigation (hereinafter referred to as "K-AtoN") shall be established.

(2) K-AtoN shall be a corporation.

(3) K-AtoN shall be established at the time it registers such establishment at the location of its main office.

(4) K-AtoN shall perform the following programs: <Amended on Jan. 4, 2022>

1. Survey, research, and public relations on aids to navigation;

2. Support for international cooperation related to aids to navigation, such as cooperation with the International Association of Marine Aids to Navigation and Lighthouse Authorities;

3. Collection, analysis, and provision of information related to aids to navigation from international organizations;

4. Research and development, and testing and inspection of aids to navigation equipment, supplies, etc.;

5. Promotion of and support for the commercialization of aids to navigation equipment, supplies, etc.;

6. Support for the training and education, and management of professional human resources in the area of aids to navigation (hereinafter referred to as "professional human resources for aids to navigation");

7. Support for cooperative development with foreign nations regarding aids to navigation;

8. Manufacture and repair of buoys established and managed by the Minister of Oceans and Fisheries;

9. Programs provided in this Act, which are entrusted by the Minister of Oceans and Fisheries;

10. Other programs prescribed by the Articles of incorporation of K-AtoN.

(5) The Minister of Oceans and Fisheries may provide subsidies to fully or partially cover the costs necessary to conduct the programs prescribed in paragraph (4) within the budget.

(6) The Articles of incorporation of K-AtoN shall contain the following: <Amended on Jan. 15, 2019>

1. Purpose;

2. Name;

3. The location of its main office;

4. Matters regarding its assets;

5. Matters regarding its executive officers and employees;

6. The operation of its board of directors;

7. The scope, details, and execution of its business;

8. Accounting;

9. The methods for making public announcements;

10. The amendment of the Articles of association;

11. Matters regarding its organization, including research institutes;

12. Other important matters regarding the operation of K-AtoN.

(7) Where any matter prescribed in the Articles of association of K-AtoN is to be amended, it shall be authorized by the Minister of Oceans and Fisheries. <Added on Jan. 15, 2019>

(8) Except as provided in this Act and the Act on the Management of Public Institutions, the Civil Act governing incorporated foundations shall apply mutatis mutandis to K-AtoN. <Amended on Jan. 15, 2019>

Article 46(Training and management of professional human resources for aids to navigation) #

(1) The Minister of Oceans and Fisheries may formulate and promote policies for the training and management of professional human resources for aids to navigation.

(2) Policies the Minister of Oceans and Fisheries formulates pursuant to paragraph (1) shall include the following matters:

1. Matters regarding nurturing and the training, and the education and training of professional human resources for aids to navigation;

2. Matters regarding the development, dissemination, etc. of educational programs for professional human resources for aids to navigation;

3. Matters regarding the career management of professional human resources for aids to navigation;

4. Other matters necessary for the training and management of professional human resources for aids to navigation.

(3) The Minister of Oceans and Fisheries may, if necessary for the training and management of professional human resources for aids to navigation, designate schools prescribed in Article 2 of the Higher Education Act, research institutes, institutions, organizations, etc. established for research, activities, etc. related to aids to navigation in compliance with the designation standards prescribed by Presidential Decree as a professional human resources training institution for aids to navigation and have such institutions provide necessary education and training.

(4) The Minister of Oceans and Fisheries may provide subsidies to fully or partially cover the costs necessary for education and training prescribed in paragraph (3) within the budget.

(5) Where a professional human resources training institution for aids to navigation designated pursuant to paragraph (3) falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the designation; provided, he or she shall revoke the designation in cases falling under subparagraph 1:

1. Obtaining designation as a professional human resources training institution for aids to navigation by fraud or other improper means;

2. Failing to meet the designation standards prescribed in paragraph (3);

3. Refusing to perform or avoid performing the duty to provide education and training for professional human resources for aids to navigation without good cause;

4. Performing the duty to provide education and training for professional human resources for aids to navigation unfaithfully by intent or gross negligence.

(6) Matters necessary for the formulation of policies for the training and management of professional human resources for aids to navigation, and the designation, revocation of designation, etc. of a professional human resources training institution for aids to navigation, which are prescribed in paragraphs (1) through (5) shall be prescribed by Presidential Decree.

Article 47(Compensation for loss) #

(1) The Minister of Oceans and Fisheries shall compensate for loss caused pursuant to Article 29 or 33 (3).

(2) Compensation prescribed in paragraph (1) shall be made by the following standards: <Amended on Mar. 24, 2020>

1. In cases falling under Article 29 (1): Costs ordinarily spent on relocating and removing relevant private aids to navigation and taking other necessary measures therefor; provided, in the case of removing a private aid to navigation, the amount including an amount equivalent to the residual value of the relevant private aid to navigation;

2. In the case of expropriating a private aid to navigation pursuant to Article 29 (2): the amount remaining after deducting the amount equivalent to the depreciated portion of the relevant aid to navigation from the cost ordinarily spent on establishing the relevant aid to navigation;

3. In cases falling under Article 33 (3): Costs ordinarily spent on removing, or relocating and establishing structures, etc. which impede or are likely to impede aids to navigation or taking other necessary measures therefor and the amount equivalent to the loss of the relevant structures, etc. calculated based on the market prices.

(3) A person who intends to be compensated pursuant to paragraph (1) shall submit an application stating the amount of compensation he or she seeks and others to the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.

(4) Where the Minister of Oceans and Fisheries receives an application prescribed in paragraph (3), he or she shall determine the amount of compensation without delay. In such cases, the Minister of Oceans and Fisheries shall give the applicant written notice stating the date and place in advance, as prescribed by Presidential Decree and shall listen to his or her statement.

(5) A person who objects to a determination prescribed in paragraph (4) may apply for adjudication to the competent Land Tribunal, as prescribed by Presidential Decree.

(6) Except as provided in this Act, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to compensation for loss prescribed in paragraphs (1) through (4).

Article 55(Administrative fines) #

(1) The following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Jan. 4, 2022>

1. A person who fails to file a report on the establishment of a wreck marking, in violation of Article 14 (1);

2. A person who fails to file a report, in violation of Article 18 (1) or (2);

3. A person who fails to obtain confirmation of completion of establishment, in violation of Article 20;

4. A person who fails to comply with requests of the Minister of Oceans and Fisheries to take corrective measures unless there is a compelling reason not to do so, or who fails to inform the Minister of Oceans and Fisheries of the details of measures taken within 15 days from the date of receiving the request to take corrective measures, in violation of Article 22 (2);

4-2. A person who fails to purchase insurance or to join a mutual aid association, in violation of Article 23-2 (1);

5. A person who fails to file a report on succession to rights and obligations, in violation of Article 24 (3);

6. A person who fails to inform the owners of private aids to navigation of the fact of revocation of registration or suspension of business, in violation of Article 26 (2);

7. A person who refuses an order to submit materials or to file reports, or obstructs or refuses entry, investigations or inspections, which are prescribed in Article 28 (1);

8. A person who fails to comply with an order prescribed in Articles 31 (2), 32 (2), and 33 (2) or (3);

9. A person who moors, anchors, or stops a vessel, in violation of Article 34 (2) or (3);

10. A person who conducts acts which fall under any subparagraph of Article 35;

11. A person who refuses, obstructs, or evades inspections before use, periodic inspections, or inspections for change which are prescribed in Article 38 (1);

12. A person who uses aid to navigation equipment and supplies which fail to pass the inspection of equipment and supplies, in violation of Article 38 (2);

13. A person who fails to file a report on the suspension of business or closure of business, in violation of Article 39 (3).

(2) The Minister of Oceans and Fisheries shall impose and collect administrative fines prescribed in paragraph (1), as prescribed by Presidential Decree.

AIDS TO NAVIGATION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State)

Article 4(Scope of application) #

Article 5(Relationship to other statutes) #

Article 6(Formulation of master plans for aids to navigation) #

Article 7(Revision of master plans for aids to navigation) #

Article 8(Formulation of action plans for aids to navigation) #

Article 8-2(Submission of master plans and action plans for aids to navigation to the National Assembly) #

Article 9(Establishment and management of aids to navigation) #

Article 10(Provision of navigation information) #

Article 11(Establishment and operation of special signal marks) #

Article 12(Removal of underwater rocks) #

Article 13(Establishment and management of aids to navigation marking construction zones) #

Article 14(Establishment and management of wreck markings) #

Article 15(Deemed permission) #

Article 16(Public notice of aids to navigation) #

Article 17(Reporting) #

Article 18(Management of private aids to navigation) #

Article 19(Change in current status of private aids to navigation) #

Article 20(Confirmation of completion of establishment of private aids to navigation) #

Article 21(Grounds for disqualification) #

Article 22(Management of staff members managing private aids to navigation) #

Article 23(Registration of outsourced management business) #

Article 23-2(Obligations for safety including subscription of insurance) #

Article 24(Succession to rights and obligations) #

Article 25(Reporting on commencement of business) #

Article 26(Revocation of registration of outsourced management business) #

Article 27(Measures following revocation of registration of outsourced management business) #

Article 28(Reporting and confirmation) #

Article 29(Orders for relocation and removal) #

Article 30(Prohibition on damaging aids to navigation) #

Article 31(Restrictions on lights) #

Article 32(Restrictions on construction) #

Article 33(Restrictions on establishment of structures) #

Article 34(Restrictions on vessels) #

Article 35(Protection of aids to navigation) #

Article 36(Obligation to restore to original state) #

Article 37(Development of aids to navigation equipment and supplies, etc.) #

Article 38(Inspection of aids to navigation equipment and supplies, etc.) #

Article 39(Agency for inspection affairs) #

Article 40(Revocation of designation of inspection agencies) #

Article 41(Establishment of Korea Institute of Aids to Navigation) #

Article 42(Guidance and supervision of K-AtoN) #

Article 43(Using State property without compensation) #

Article 43-2(Establishment of intelligent aids to navigation informatization framework) #

Article 43-3(Collection, use, and provision of information based on aids to navigation facilities) #

Article 43-4(Protective measures) #

Article 44 #

Article 45(Promotion of international exchange and cooperation) #

Article 46(Training and management of professional human resources for aids to navigation) #

Article 47(Compensation for loss) #

Article 48(Payment of light dues) #

Article 49(Fees) #

Article 50(Hearings) #

Article 51(Delegation or entrustment of authority) #

Article 52(Legal fiction of public officials for purposes of applying penalty provisions) #

Article 52-2(Prohibition on lending qualification certificates) #

Article 53(Penalty provisions) #

Article 54(Penalty provisions) #

Article 55(Administrative fines) #