COMPENSATION FOR OIL POLLUTION DAMAGE GUARANTEE ACT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to promote the protection of victims and the sound development of oil shipment by clearly identifying liability of the shipowners and establishing the system guaranteeing compensation for oil pollution damage, in cases of pollution damage by oil spilled or discharged from ships, including oil tankers, etc.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Feb. 18, 2020>

1. The term "oil tanker" means any sea-going vessel (including a barge) of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo; provided, a ship capable of carrying oil or other cargo shall be deemed an oil tanker under this Act only when it is actually carrying oil in bulk as cargo, or it is proved that it has residues of such carriage of oil in bulk aboard;

2. The term "general vessel" means any ship, except oil tankers and oil storage barges;

3. The term "oil storage barge" means a ship used for oil storage which is a floating maritime structure under subparagraph 1 of Article 2 of the Ship Safety Act;

4. The term "shipowner" means a person under the following classifications:

a. Oil tankers and general vessels: Any person registered as the owner of a ship under Article 8(1) of the Ship Act, Article 13(1) of the Fishing Vessels Act, or foreign statutes (in the absence of registration, any person who owns an oil tanker or general vessel); provided, in cases of a ship owned by a foreign government, any corporation or association in that country registered as the operator of the oil tanker or general vessel shall be deemed the shipowner under this Act, and in cases of an oil tanker or general vessel of foreign registry chartered by a national of the Republic of Korea, both the person registered as the owner of the ship and the charterer shall be deemed the shipowners under this Act;

b. Oil storage barges: Any person who owns or rents an oil storage barge;

5. The term "oil" means any persistent hydrocarbon mineral oil such as crude oil, heavy oil, lubricating oil, etc. whether carried on board a ship as cargo or in the bunkers of such a ship, as prescribed by Presidential Decree;

COMPENSATION FOR OIL POLLUTION DAMAGE GUARANTEE ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Tonnage of ships) #

Article 5(Liability of oil tankers for oil pollution damage) #

Article 6(Consideration of liability) #

Article 7(Limitation of liability of shipowner) #

Article 8(Aggregate amount of liability) #

Article 9(Scope of limitation of liability) #

Article 10(Ratio of payment for limited claimant) #

Article 11(Extinction of rights) #

Article 12(Jurisdiction over actions for compensation for oil pollution damage against owners of oil tankers) #

Article 13(Validity of foreign judgments) #

Article 14(Conclusion of indemnity contract) #

Article 15(Indemnity contracts) #

Article 16(Claims for compensation against insurers) #

Article 17(Jurisdiction of claims for compensation for pollution damage against insurers, etc.) #

Article 18(Certificate of indemnity contract) #

Article 19(Alteration of entries in certificate of indemnity contracts) #

Article 20(Keeping of certificates of indemnity contracts) #

Article 21(Claims for compensation by victims from international fund) #

Article 22(Intervention by international fund) #

Article 23(Notification of litigation to international fund) #

Article 24(Jurisdiction over claims to international fund) #

Article 25(Validity of foreign judgments) #

Article 26(Report of quantity of contributing oil) #

Article 27(Communication of data to international fund) #

Article 28(Payment of contributions) #

Article 29(Notice of demand for defaulters of contributions) #

Article 30(Claims for compensation by victims from Additional Fund) #

Article 31(Application mutatis mutandis) #

Article 32(Application for initiation of procedure for limiting liability) #

Article 33(Transfer of liability limitation cases) #

Article 34(Order of deposit) #

Article 35(Intervention of International Fund) #

Article 36(Notification of pending procedure for limiting liability to International Fund) #

Article 37(Service of notification on cancellation of decision to initiate procedure for limiting liability to International Fund) #

Article 38(Intervention in procedure for limiting liability by shipowner who takes preventive measures) #

Article 39(Suspension of legal proceedings) #

Article 40(Intervention of additional fund) #

Article 41(Application mutatis mutandis of the Act on the Procedure for Limiting the Liability of Shipowners) #

Article 42(Supreme Court Regulations) #

Article 43(Liability of general vessels for oil pollution damage) #

Article 44(Liability of oil storage barges for oil pollution damage) #

Article 45(Limitation of liability of owners of general vessels) #

Article 46(Limitation of liability of owners of oil storage barges) #

Article 47(Conclusion of indemnity contracts) #

Article 48(Indemnity contract for damage compensation) #

Article 49(Application mutatis mutandis) #

Article 50(Keeping of certificate of indemnity contract for damage compensation) #

Article 51(Priority rights of ship) #

Article 52(Effect of limitation of liability in foreign contracting state) #

Article 53(Appraisal of oil pollution damage) #

Article 54(Information on indemnity contracts) #

Article 55(Entrance and exit for inspections, reports) #

Article 56(Ships for public use) #

Article 57(Delegation and entrustment of authority) #

Article 58(Bribery by manager) #

Article 59(Offer of bribe) #

Article 60(Penalty provisions) #

Article 61(Penalty provisions) #

Article 62(Penalty provisions) #

Article 63(Joint penalty provisions) #

Article 64(Persons deemed as public officials in application of penalty provisions) #

Article 65(Administrative fines) #