Article 12(Duty of safe sailing of excursion ship business operators) #
(1) Each excursion ship business operator and his or her crew members shall take all measures necessary for safe sailing, such as conducting safety inspections of the ship and checking weather conditions, and shall operate the excursion ship safely considering the condition of water surface not to endanger the safety of passengers.
(2) Every excursion ship business operator and his or her crew members shall develop a Safety Manual including the following; furnish the excursion ship wharf and cabins and corridors in the excursion ship prescribed by Decree of the Ministry of the Interior and Safety or Ordinance of the Oceans and Fisheries with the Safety Manual; and advise passengers thereof by showing a video or through the public address system before departure: <Amended on Mar. 27, 2018>
1. How to embark and disembark safely;
2. Off-limits to dangerous areas of the ferry;
3. Locations of life-saving equipment and how to use it;
4. How to cope with emergencies;
5. Other matters deemed necessary regarding safety.
(3) Where an excursion ship business operator and his or her crew members are unlikely to operate their ship normally due to drinking, drug addiction or other reasons, they shall not operate the ship. Cases in which normal operation of a ship is unlikely due to drinking means being under the influence of alcohol as provided for in Article 41 (5) of the Maritime Safety Act. <Amended on Jun. 15, 2011; Feb. 22, 2012>
(4) If necessary for safe sailing, and for a small excursion ship prescribed by Presidential Decree, each excursion ship business operator and his or her crew members shall require all persons on board the ship, including passengers, to wear life jackets. <Amended on Feb. 22, 2012; Jul. 24, 2015>
(5) No excursion ship business operator, his or her crew members, and other employees shall engage in any of the following activities on an excursion ship or at an excursion ship wharf: <Amended on Feb. 22, 2012; Jul. 24, 2015; Jan. 7, 2016; May 29, 2016>
1. To lease an excursion ship to, or to allow boarding of a person under 14 years of age who is not accompanied by his or her guardian, a person under the influence of alcohol (excluding a person on board an excursion ship under the proviso to subparagraph 6), a person suspected of having a mental illness defined in subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients, who is highly likely to threat the safety of him or herself or others (excluding where he or she is accompanied by his or her guardian), a person who acts or speaks quite suspiciously, or a person with an infectious disease defined in subparagraph 13 of Article 2 of the Infectious Disease Control and Prevention Act;
2. To have passengers on board in excess of the seating capacity;
3. To ask for money and valuables, in addition to fares;
4. To avoid sailing without just grounds;
5. To force passengers to board or to refuse to take passengers or to lease an excursion ship without just grounds;
6. To sell or serve liquors on an excursion ship or to allow passengers to carry liquors on an excursion ship; provided, the same shall not apply to sightseeing boats duly registered pursuant to the Tourism Promotion Act (including where a general tourist excursion ship business is deemed registered under Article 3-2), and other excursion ships determined by Presidential Decree;
7. To engage in any act that undermines public order and good morals, including gambling, singing loudly, and lewd acts;
8. To sail outside its business hours or to sail outside its business territory or sailing area (if the place to moor the ship or ferry is separated from the business territory, referring to the area between them; hereinafter the same shall apply);
9. To carry in or transport explosives, inflammables, and other hazardous substances determined by Presidential Decree, along with passengers (excluding where crew members or other employees are able to safely handle them by installing segregated storage facilities for such hazardous substances);
10. To dump oil, night-soil, or wastes into waters;
11. To put locks on life-saving appliances or arrangements, including life jackets, life buoys, and lifelines, while the excursion ship is sailing.
[This Article Wholly Amended on May 30, 2011]