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FISHING VESSELS ACT — 법갈피

영문법령 / FISHING VESSELS ACT

FISHING VESSELS ACT

법률일부개정시행 2020-02-18해양수산부,해양수산부 · 제17042호 · 공포 2020-02-18

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to prescribe matters concerning the building, registration, equipment, surveys, trade and investigations of, and research on, fishing vessels, thereby ensuring the efficient management and safety of fishing vessels, and contributing to the advancement of fish harvesting capacity and enhancing the growth of fisheries by promoting improvement in the functions of fishing vessels. <Amended on May 27, 2009; Dec. 27, 2016>

[This Article Wholly Amended on Mar. 28, 2008]

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Oct. 31, 2017; Aug. 27, 2019>

1. The term "fishing vessel" means any of the following vessels:

(a) A vessel engaged in fishery (including aquaculture business under the Aquaculture Industry Development Act), transporting fish caught, or processing fishery products (hereinafter referred to as "fisheries");

(b) A vessel engaged in examinations, investigations, guidance, surveillance, or lessons concerning fisheries;

(d) A vessel registered as a fishing vessel under Article 13 (1);

2. The term "conversion" means any of the following:

(a) Alterations of the length, width, and depth of fishing vessels (hereinafter referred to as "principal dimensions");

(b) New installation of the propelling engine of a fishing vessel or alterations of the types or generating capacity of the propelling engine;

(c) Alterations of the structure or equipment of fishing vessels for the sake of altering the purpose of use of fishing vessels or changing the types of fishery:

3. The term "load line" means a load line defined in subparagraph 7 of Article 2 of the Ship Safety Act;

4. The term "stability" means stability defined in subparagraph 8 of Article 2 of the Ship Safety Act.

Article 5-2(Ship Location Transmitters Equipment for Fishing Vessels) #

(1) In order to ensure the safe operation of a fishing vessel, the owner of each fishing vessel falling under subparagraph 1 (a) or (b) of Article 2 (excluding fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as fishing vessels engaged in inland fisheries under the Inland Water Fisheries Act) shall equip his or her fishing vessel with ship location transmitters which automatically provides information about the location of the vessel (hereinafter referred to as "ship location transmitters") and operate such ship location transmitters in accordance with the standards determined by the Minister of Oceans and Fisheries: Provided, That where necessary for the rapid response to marine accidents, the automatic reporting on the arrival and departure of fishing vessels, and other matters, such standards may be otherwise prescribed by the Commissioner of the Korea Coast Guard. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 31, 2018>

(2) If a fishing vessel is equipped with radio installation specified in Article 5 (1) which has the same function as that of ship location transmitters, the fishing vessel shall be deemed equipped with ship location transmitters.

(3) Where ship location transmitters of a fishing vessel referred to in paragraph (1) is malfunctioning or lost, the owner or captain of the fishing vessel shall report such fact to the Commissioner of the Korea Coast Guard without delay, and then take measures for repair, re-installation, etc. for the normal functioning of ship location transmitters until the deadline prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 31, 2017; Feb. 18, 2020>

(4) The State or a local government may fully or partially subsidize the owner of a fishing vessel who installs AIS equipment in his or her vessel within budgetary limits.

(5) Matters necessary for methods of, procedures for, etc. reporting under paragraph (3) shall be determined by the Commissioner of the Korea Coast Guard. <Amended on Nov. 19, 2014; Jul. 26, 2017>

[This Article Newly Inserted on Jul. 14, 2011]

Article 8(Permission for Building or Conversion) #

(1) Each person who intends to build or remodel a fishing vessel or to place a contract for building or conversion a fishing vessel shall obtain permission (hereinafter referred to as "permission for building or conversion") from the Minister of Oceans and Fisheries, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") as prescribed by Ordinance of the Ministry of Oceans and Fisheries (excluding cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as conversion of fishing vessels with a gross tonnage of less than two tons). The same shall also apply to any change of permitted matters. <Amended on Mar. 28, 2008; Mar. 23, 2013; Apr. 5, 2013>

(2) The Minister of Oceans and Fisheries or the head of a Si/Gun/Gu shall grant permission referred to in paragraph (1), except in any of the following cases: <Newly Inserted on Apr. 5, 2013; Aug. 27, 2019>

1. Where necessary to control fishing activities of the applicant for the increase, protection, etc. of fishery resources under the Fisheries Act or the Aquaculture Industry Development Act;

2. Where the applicant is deemed unable to conduct licensed fishery, permitted fishery, or reported fishery under the Fisheries Act, the Aquaculture Industry Development Act, the Distant Water Fisheries Development Act, and the Inland Water Fisheries Act;

3. Where an administrative disposition taken against the applicant who violated the Fisheries Act, the Aquaculture Industry Development Act, the Distant Water Fisheries Development Act, and the Inland Water Fisheries Act is in effect;

4. Other cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, except those provided in subparagraphs 1 through 3, such as where any serious public interest issue impedes the effective management of fishing vessels.

(3) The Minister of Oceans and Fisheries may prescribe a margin of error with respect to the principal dimensions, performance, gross tonnage, etc. of a fishing vessel permitted to be built or remodeled. In such cases, any fishing vessel built or remodeled within the margin of error shall be deemed permitted for change under the latter part of paragraph (1). <Amended on Mar. 28, 2008; Mar. 23, 2013>

(4) Where the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu grants permission for building or conversion, he or she may attach any condition, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 28, 2008; Mar. 23, 2013>

(5) Deleted. <Apr. 5, 2013>

[Title Amended on Mar. 28, 2008]

Article 19(De-Registration and Return of Certificate of Vessel's Nationality) #

(1) Where a fishing vessel registered under Article 13 (1) falls under any of the following cases, the owner of the fishing vessel shall file an application for de-registration within 30 days, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013>

1. Where a fishing vessel is used for other than its original purposes;

2. Where a fishing vessel loses the nationality of the Republic of Korea;

3. Where a fishing vessel cannot be used for its original purposes because it is lost, sunken, dismantled, worn-out, or damaged;

4. Where a fishing vessel goes missing for at least six months.

(2) Where the owner of each fishing vessel falls under any of the following cases, the head of a Si/Gun/Gu shall issue a peremptory notice requiring him or her to apply for de-registration within a prescribed period not exceeding 30 days, and if the owner of the fishing vessel fails to apply for de-registration without just cause despite receiving the peremptory notice, the head of the relevant Si/Gun/Gu shall deregister such fishing vessel ex officio: <Amended on Oct. 31, 2017>

1. Where he or she has filed registration by fraud or other improper means;

2. Where he or she fails to file an application for de-registration under paragraph (1) within a prescribed period;

3. Where one year has passed since permission for, report on, or license for, fisheries conducted with the relevant fishing vessel became invalid: Provided, That the foregoing shall not apply in cases prescribed by Presidential Decree;

4. Where one year has passed without undergoing a survey of the fishing vessel prescribed in Article 21 (1) 1, 2, and 4 (limited to where the Minister of Oceans and Fisheries designates a specific matter requiring an occasional survey at the time of a special survey prescribed in subparagraph 1 of that paragraph or an intermediate survey prescribed in subparagraph 2 of that paragraph) without just cause.

(3) The owner of a fishing vessel deregistered pursuant to paragraph (2) shall without delay remove the license plate attached to the fishing vessel and return the license plate and the certificate of vessel's nationality, etc. to the head of the Si/Gun/Gu having jurisdiction over its port of registry within 14 days: Provided, That where the owner of the fishing vessel cannot return the license plate and the certificate of vessel's nationality, etc. due to loss or other reasons, he or she shall report the relevant reason to the head of the Si/Gun/Gu having jurisdiction over its port of registry within 14 days.

[This Article Wholly Amended on Mar. 28, 2008]

Article 22(Shipbuilding Survey) #

(1) Any fishing vessel builder shall undergo shipbuilding surveys by the Minister of Oceans and Fisheries with regard to equipment referred to in subparagraphs 1, 2, 3, 5, and 6 of Article 3 and a load line referred to in Article 4 from the time when he or she embarks on building the fishing vessel: Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as wooden vessels with a length of less than 24 meters. <Amended on Mar. 23, 2013; Apr. 5, 2013; Feb. 18, 2020>

(2) Any part that has passed a shipbuilding survey under paragraph (1) may be exempt from an initial special survey under Article 21 (1) 1.

(3) Any person who intends to manufacture, convert, repair, maintain, or import fishing vessel supplies prescribed by Ordinance of the Ministry of Oceans and Fisheries among articles for fishing vessel use required for equipment listed in the subparagraphs of Article 3 (hereinafter referred to as "fishing vessel supplies") may undergo a survey by the Minister of Oceans and Fisheries (hereinafter referred to as "preliminary survey") before the determination of a fishing vessel in which such supplies are to be installed. <Amended on Mar. 23, 2013>

(4) With respect to any part of fishing vessel supplies and articles for ship use under Article 22 (3) of the Ship Safety Act that have passed preliminary surveys, such part may be exempt from a shipbuilding survey under paragraph (1) or an initial survey under the subparagraphs of Article 21 (1).

(5) Matters necessary for shipbuilding surveys under paragraph (1) and preliminary surveys under paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(6) The Minister of Oceans and Fisheries may have ships which do not undergo a shipbuilding survey under paragraph (1), such as ships imported from a foreign country, undergo a survey prescribed by Ordinance of the Ministry of Oceans and Fisheries that corresponds to a shipbuilding survey (hereinafter referred to as "special shipbuilding survey"). In such cases, paragraphs (2) through (5) shall apply mutatis mutandis to ships which have passed a special shipbuilding survey. <Amended on Mar. 23, 2013>

[This Article Newly Inserted on Jul. 27, 2009]

Article 24(Type Approval and Examination) #

(1) Any person who intends to manufacture or import fishing vessel supplies determined and publicly notified by the Minister of Oceans and Fisheries or small-sized fishing vessels may obtain type approval and examination from the Minister of Oceans and Fisheries. In such cases, any person who intends to obtain type approval shall undergo a type approval test. <Amended on Mar. 23, 2013>

(2) Where a person who has obtained type approval under paragraph (1) intends to change the details thereof, he or she shall obtain approval for such change from the Minister of Oceans and Fisheries. In such cases, when he or she changes matters affecting the performance of the relevant fishing vessel or fishing vessel supplies, such matters shall be subject to a type approval test under paragraph (1). <Amended on Mar. 23, 2013>

(3) Any of the following institutions shall become a testing institution to conduct type approval tests prescribed in the latter parts of paragraphs (1) and (2) (hereinafter referred to as "type-approval testing laboratory"): <Newly Inserted on Oct. 31, 2017>

1. A testing institution designated and publicly notified pursuant to Article 24-3 (1);

2. A testing institution designated and publicly notified pursuant to Article 18 (3) of the Ship Safety Act.

(4) With respect to fishing vessels or fishing vessel supplies which a person who has obtained type approval under paragraph (1) has built, manufactured, or imported and to which the Minister of Oceans and Fisheries has granted examination, and articles for ship use which have been type-approved by the Minister of Oceans and Fisheries under Article 18 (1) and (2) of the Ship Safety Act and for which an examination by a designated examination institution has been passed, the part that has passed an examination may be exempted from an initial survey referred to in the subparagraphs of Article 21 (1) or a survey referred to in Article 22 (1) and (6). <Amended on Mar. 23, 2013; Oct. 31, 2017>

(5) Matters necessary for type approval, examination, and approval for any change under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Oct. 31, 2017>

[This Article Newly Inserted on May 27, 2009]

Article 25(Ministry-Designated Places of Business) #

(1) The Minister of Oceans and Fisheries may designate places of business which build, manufacture, or maintain (including conversion or repair; hereinafter the same shall apply) fishing vessels or equipment referred to in the subparagraphs of Article 3 and satisfy the designation standards prescribed by Ordinance of the Ministry of Oceans and Fisheries, as Ministry-designated places of business of building, manufacturing, or maintaining fishing vessels, fishing vessel equipment, or fishing vessel supplies (hereinafter referred to as "Ministry-designated places of business"). <Amended on Mar. 23, 2013; Oct. 31, 2017>

(2) A person who intends to be designated as a recognized manufacturing (maintenance) factory pursuant to paragraph (1) shall prepare guidelines for building, manufacturing, or maintaining fishing vessels, fishing vessel equipment, or fishing vessel supplies, and obtain approval from the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Oct. 31, 2017>

(3) Where it is verified that fishing vessels, fishing vessel equipment, or fishing vessel supplies are built or manufactured at a Ministry-designated shipbuilding place of business or Ministry-designated manufacturing place of business prescribed in paragraph (1) and in compliance with the guidelines under paragraph (2) as prescribed by Ordinance of the Ministry of Oceans and Fisheries, their verified parts may be exempt from an initial survey referred to in the subparagraphs of Article 21 (1) or a survey referred to in Article 22 (1) and (6). <Amended on Mar. 23, 2013; Oct. 31, 2017>

(4) Where it is verified that fishing vessels, fishing vessel equipment, or fishing vessel supplies are maintained at Ministry-designated maintenance place of business prescribed in paragraph (1) and in compliance with the guidelines under paragraph (2) as prescribed by Ordinance of the Ministry of Oceans and Fisheries, their verified parts may be exempt from a special survey, intermediate survey, or occasional survey referred to in Article 21 (1) 1, 2, or 4 to be conducted within six months from the date of maintenance. <Amended on Mar. 23, 2013; Apr. 5, 2013; Oct. 31, 2017>

(5) Matters necessary for the designation of Ministry-designated places of business under paragraph (1) and approval of the guidelines for building, manufacturing, and maintenance under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Oct. 31, 2017>

[This Article Newly Inserted on May 27, 2009]

[Title Amended on Oct. 31, 2017]

Article 26(Cancellation of Designation of Recognized Manufacturing (Maintenance) #

Factory) (1) Where a person who has obtained designation as a recognized manufacturing (maintenance) factory falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation or suspend the validity thereof for a prescribed period of up to six months: Provided, That in cases falling under subparagraph 1 or 2, he or she shall cancel such designation: <Amended on Feb. 18, 2020>

1. Where he or she has obtained designation by fraud or other improper means;

2. Where he or she fails to build, manufacture, or maintain fishing vessels, fishing vessel equipment, or fishing vessel supplies in compliance with the standards for fishing vessel equipment prescribed in Article 3;

3. Where he or she ceases to meet the designation standards under Article 25 (1);

4. Where he or she sells fishing vessel equipment or fishing vessel supplies after their term of validity determined and publicly notified by the Minister of Oceans and Fisheries expires;

5. Where he or she fails to build, manufacture, or maintain the relevant fishing vessel, fishing vessel equipment, or fishing vessel supplies for at least one consecutive year without just cause;

6. Where he or she has obtained verification prescribed in Article 25 (3) or (4) by fraud or other improper means;

7. Where he or she fails to make a report or submit data under Article 75 of the Ship Safety Act which applies mutatis mutandis in Article 37 (2) or makes a false report or submits false data.

(2) Where designation as a recognized manufacturing (maintenance) factory is cancelled pursuant to paragraph (1), the relevant person shall not be re-designated as a recognized manufacturing (maintenance) factory for one year from the date such designation is cancelled.

(3) Matters necessary for the procedures, etc. for cancelling designation as a recognized manufacturing (maintenance) factory or suspending the validity of designation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

[This Article Newly Inserted on Oct. 31, 2017]

Article 27(Issuance of Survey Certificates) #

(1) The Minister of Oceans and Fisheries shall issue a survey certificate according to the following classifications: <Amended on Mar. 23, 2013; Oct. 31, 2017>

1. Where a fishing vessel passes a special survey under Article 21 (1) 1, a fishing vessel survey certificate (the type, name, maximum number of allowable persons on board, position of load lines of such fishing vessel shall be stated);

1-2. Where a fishing vessel passes an intermediate survey prescribed in Article 21 (1) 2 or an occasional survey prescribed in subparagraph 4 of that paragraph, and matters stated in the fishing vessel survey certificate are changed, a fishing vessel survey certificate in which the matters changed are stated;

2. Where a fishing vessel passes an additional survey under Article 21 (1) 3, an additional fishing vessel survey certificate;

3. Where a fishing vessel passes a temporary navigation survey under Article 21 (1) 5, a temporary navigation survey certificate;

4. Where a fishing vessel passes a shipbuilding survey under Article 22 (1), a shipbuilding survey certificate;

5. Where a fishing vessel passes a preliminary survey under Article 22 (3), a preliminary survey certificate;

5-2. Where a fishing vessel passes a special shipbuilding survey prescribed in Article 22 (6), a special shipbuilding survey certificate;

6. Where a fishing vessel passes an examination under Article 24 (1), an examination certificate;

7. Where verified under Article 25 (3) and (4), a certificate of verification on building, manufacturing, or maintenance;

8. Where the loading and unloading facilities of a fishing vessel are confirmed pursuant to Article 26-2 (1), a certificate of limit load, etc.

(2) When the Minister of Oceans and Fisheries issues a survey certificate, examination certificate, certificate of building, manufacturing, and maintenance, and certificate of limit load, etc. under paragraph (1) 4, 5, 5-2, or 6 through 8, he or she shall attach a pass mark or pass certificate to the relevant fishing vessel or fishing vessel supplies. <Amended on Mar. 23, 2013; Oct. 31, 2017>

[This Article Newly Inserted on May 27, 2009]

Article 31(Establishment and Operation of Fishing Vessel Trade System) #

(1) With respect to fishing vessels and the trade of fishing vessel equipment prescribed in Article 3 (including radio installation prescribed in Article 5; hereinafter referred to as "fishing vessel equipment, etc."), the Minister of Oceans and Fisheries may establish and operate a fishing vessel trade system to enhance the convenience of fishers and transparency and efficiency in such trade .

(2) The Minister of Oceans and Fisheries may provide information on the sale and purchase or lease of fishing vessels and fishing vessel equipment, etc. to persons requesting such information through the fishing vessel trade system prescribed in paragraph (1) (hereinafter referred to as "fishing vessel trade system"). In such cases, the Minister of Oceans and Fisheries shall not provide information which may infringe the privacy and freedom of owners of fishing vessels, etc., and where the information provided includes personal information prescribed in subparagraph 1 of Article 2 of the Personal Information Protection Act, he or she shall obtain the consent of the data subject prescribed in subparagraph 3 of that Article.

(3) In order to efficiently operate the fishing vessel trade system, the Minister of Oceans and Fisheries may create and manage databases on the following information:

1. Information on the registration of fishing vessels prescribed in Article 13 (1), registration of change of fishing vessels prescribed in Article 17, and de-registration prescribed in Article 19;

2. Information on surveys of fishing vessels prescribed in Article 21;

3. Information on fishery licenses prescribed in Article 8 of the Fisheries Act, fishery permits prescribed in Articles 41 and 42 of that Act, and reports on fishery prescribed in Article 47 of that Act;

4. Other information prescribed by Ordinance of the Ministry of Oceans and Fisheries for the efficient operation of the fishing vessel trade system.

(4) Where necessary to operate the fishing vessel trade system, the Minister of Oceans and Fisheries may manage and operate the fishing vessel trade system and manage databases prescribed in paragraph (3) through electronic data processing systems, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(5) Where necessary to ensure transparency in the trade of fishing vessels and fishing vessel equipment, etc. and to formulate policies for fishing vessels, the Minister of Oceans and Fisheries may request a person who has registered his or her fishing vessel brokerage business pursuant to Article 31-2 to provide information on the trade of fishing vessels and fishing vessel equipment, etc. In such cases, the person in receipt of a request to provide information shall comply with such request unless there is a compelling reason not to do so.

(6) Where necessary to create and manage databases prescribed in paragraph (3), the Minister of Oceans and Fisheries may request the head of a Si/Gun/Gu to provide materials.

[This Article Newly Inserted on Dec. 27, 2016]

Article 31-4(De-Registration of Fishing Vessel Brokerage Business) #

(1) Where a person who has registered his or her fishing vessel brokerage business (hereinafter referred to as "fishing vessel broker") falls under any of the following cases, the Minister of Oceans and Fisheries may deregister fishing vessel brokerage business or issue an order to fully or partially suspend fishing vessel brokerage business for a prescribed period of up to six months: Provided, That in cases falling under subparagraph 1, 3, or 7, he or she shall deregister fishing vessel brokerage business:

1. Where he or she has filed registration of, or registration of change of, fishing vessel brokerage business prescribed in Article 31-2 by fraud or other improper means;

2. Where he or she fails to meet the requirements for registering fishing vessel brokerage business prescribed in Article 31-2;

3. Where he or she falls under any of subparagraphs 1 through 5, or 7 of Article 31-3: Provided, That the foregoing shall not apply where the representative of a corporation who falls under any of subparagraphs 1 through 5 of Article 31-3 is replaced by another person within one month from the date the cause thereof occurs;

4. Where he or she fails to prepare or issue trade contracts in violation of Article 31-8 (1), or retains copies of trade contracts for less than three years or fails to retain such copies in violation of paragraph (2) of that Article;

5. Where he or she falsely states the amount of trade and other trade details in trade contracts prescribed in Article 31-8 (1), or prepares two or more different trade contracts;

6. Where he or she evades or interferes with guidance or supervision prescribed in Article 37-2 (2);

7. Where he or she conducts business during the period of business suspension, in violation of an order to suspend such business.

(2) Detailed standards for administrative dispositions issued under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of the types, degrees, etc. of offenses.

[This Article Newly Inserted on Dec. 27, 2016]

Article 39(Fees) #

(1) Any of the following persons shall pay fees as prescribed by Ordinance of the Ministry of Oceans and Fisheries or ordinance of a Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu: Provided, That where an institution entrusted with the duties of the Minister of Oceans and Fisheries pursuant to Article 40 (2) (hereafter in this Article referred to as "entrusted institution") performs the entrusted duties, or an institution conducting the duties of the Minister of Oceans and Fisheries as an agency under Article 41 (1) (hereafter in this Article referred to as "agency") conducts measurement, re-measurement, and surveys on behalf of the Minister, he or she shall pay fees determined by the entrusted institution or agency to the entrusted institution or agency: <Amended on Apr. 5, 2013; Dec. 27, 2016; Oct. 31, 2017; Feb. 18, 2020>

1. A person applying for approval of the vessel’s stability prescribed in Article 3-2 (1);

1-2. A person applying for permission for building or conversion of a fishing vessel under Article 8 (1) or permission for the change thereof;

2. A person applying for registration of a fishing vessel under Article 13 (1);

3. A person applying for measurement or re-measurement of the gross tonnage of a fishing vessel under Article 14;

4. A person applying for registration of change under Article 17;

5. A person applying for re-issuance of a certificate of vessel's nationality under Article 18;

6. A person applying for surveys of a fishing vessel under Article 21;

7. A person applying for shipbuilding surveys under Article 22 (1);

8. A person applying for preliminary surveys under Article 22 (3);

9. A person applying for special shipbuilding surveys under Article 22 (6);

10. A person applying for type approval or approval for the change thereof, or examination under Article 24 (1) and (2);

11. A person applying for designation of a recognized manufacturing (maintenance) factory pursuant to Article 25 (1);

11-2. A person applying for the verification of fishing vessels, fishing vessel equipment, or fishing vessel supplies pursuant to Article 25 (3) or (4);

11-3. A person applying for the confirmation of limit load, etc. of loading and unloading facilities prescribed in Article 26-2 (1);

12. A person applying for an extension of the period of validity of a fishing vessel survey certificate under Article 28 (3);

13. A person applying for re-surveys, etc. under Article 30 (1);

13-2. A person intending to use information provided under Article 31 (2);

13-3. A person intending to file registration of or registration of change of fishing vessel brokerage business pursuant to Article 31-2;

14. A person applying for a survey under international conventions or approval of drawings prescribed in Articles 12 (1) and 13 (1) of the Ship Safety Act which applies mutatis mutandis in Article 37 (2);

15. A person applying for the issuance of a survey certificate, examination certificate, certificate of verification, certificate of measurement of the gross tonnage of a fishing vessel, etc. under Article 41 (3).

(2) Where an entrusted institution or agency determines a fee under the proviso of paragraph (1), it shall establish the standards therefor and obtain approval from the Minister of Oceans and Fisheries. The same shall also apply to the change of approved matters. <Amended on Mar. 23, 2013; Dec. 27, 2016>

(3) Where an entrusted institution or agency has determined a fee under paragraph (2), it shall post the details of such determination and calculation on its website. <Newly Inserted on Apr. 5, 2013; Dec. 27, 2016>

(4) Where an entrusted institution or agency has collected a fee under the proviso of paragraph (1), the revenue therefrom shall be treated as the revenue of the relevant institution or agency. <Amended on Apr. 5, 2013; Dec. 27, 2016>

[This Article Wholly Amended on Mar. 28, 2008]

Article 41(Agency Service for Surveys) #

(1) The Minister of Oceans and Fisheries may have the Authority or a classification society under Article 60 (2) of the Ship Safety Act (hereinafter referred to as "classification society") perform the following duties on his or her behalf: Provided, That the duties referred to in subparagraphs 5 and 5-2 shall not be performed by a classification society: <Amended on May 27, 2009; Mar. 23, 2013; Apr. 5, 2013; Dec. 27, 2016; Oct. 31, 2017; Feb. 18, 2020>

1. Approval for stability of fishing vessels prescribed in Article 3-2 (1);

1-2. Measurement and re-measurement of the gross tonnage of fishing vessels under Article 14;

2. Surveys of fishing vessels under Article 21;

3. Shipbuilding surveys of fishing vessels, preliminary surveys of fishing vessel supplies, and special shipbuilding surveys under Article 22;

4. Examination of fishing vessels or fishing vessel supplies under Article 24 (1);

5. Surveys for the designation of a recognized manufacturing (maintenance) factory prescribed in Article 25 (1);

5-2. Verification of fishing vessels, fishing vessel equipment, or fishing vessel supplies prescribed in Article 25 (3) or (4);

5-3. Confirmation of limit load, etc. and preparation of loading and unloading facility survey registers prescribed in Article 26-2;

6. Approval to extend the period of validity of a fishing vessel survey certificate under Article 28 (3);

7. The following duties which apply mutatis mutandis under Article 37 (2):

(a) Surveys under international conventions prescribed in Article 12 (1) of the Ship Safety Act;

(b) Approval of drawings prescribed in Article 13 (1) of the Ship Safety Act;

(c) Surveys of and approval for loading, transportation, storage, etc. of hazardous goods prescribed in Article 41 (2) of the Ship Safety Act.

(2) Deleted. <Feb. 8, 1999>

(3) The Authority or a classification society may issue a survey certificate, examination certificate, certificate of verification, or certificate of measurement of the gross tonnage of a fishing vessel (including an international tonnage certificate, international tonnage verification, and deadweight tonnage certificate) under the subparagraphs of Article 27 (1) within the scope of the duties performed under paragraph (1) upon approval of the Minister of Oceans and Fisheries. <Amended on Mar. 28, 2008; May 27, 2009; Mar. 23, 2013>

(4) The Authority or a classification society shall submit a report on the duties performed under paragraph (1) to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 28, 2008; Mar. 23, 2013>

(5) Where the Authority or a classification society submits a report on the duties performed pursuant to paragraph (4), the Minister of Oceans and Fisheries shall verify such report and take necessary measures if he or she finds that the Authority or the classification society violates this Act or any order issued under this Act. <Amended on Mar. 28, 2008; Mar. 23, 2013>

(6) When deemed necessary to provide guidance or supervision regarding the duties performed by the Authority or a classification society under this Act, the Minister of Oceans and Fisheries may issue an instruction or order to the Authority or classification society with respect to its business. <Newly Inserted on May 27, 2009; Mar. 23, 2013>

(7) When deemed necessary, the Minister of Oceans and Fisheries may audit the accounting records or property of the Authority or a classification society. <Newly Inserted on May 27, 2009; Mar. 23, 2013>

(8) Where the Authority or a classification society performs agency services under paragraph (1) by fraud or other improper means, the Minister of Oceans and Fisheries may cancel or suspend the performance of the relevant services, as prescribed by Presidential Decree. <Newly Inserted on Oct. 31, 2017>

[Title Amended on Mar. 28, 2008; May 27, 2009]

Article 44(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on May 27, 2009;, Dec. 27, 2016; Oct. 31, 2017>

1. A person who uses his or her fishing vessel for navigation without obtaining approval of the vessel’s stability or without maintaining the vessel’s stability, in violation of Article 3-2 (1) or (3);

1-2. A person who fails to mark a load line under Article 4;

2. A person who uses his or her fishing vessel for navigation or fishing without radio installation under Article 5 (1);

3. A person who uses his or her fishing vessel for navigation or fishing after hiding, changing, or removing marking of a fishing vessel's name, etc. or a fishing vessel license plate under Article 16;

4. A person who uses his or her fishing vessel for navigation or fishing without undergoing a fishing vessel survey under Article 21;

4-2. A person who replaces or installs the hull, engines, equipment, etc. in the relevant fishing vessel after completing a fishing vessel survey prescribed in Article 21 or a shipbuilding survey prescribed in Article 22 (1) (including special shipbuilding surveys), in violation of Article 23;

5. A person who obtains type approval, approval for the change thereof, or examination under Article 24 (1) or (2) by fraud or other improper means;

6. A person who obtains designation as a recognized manufacturing (maintenance) factory under Article 25 (1) by fraud or other improper means;

7. A person who uses a fishing vessel for navigation or fishing in excess of the maximum number of allowable persons on board stated in the fishing vessel survey certificate prescribed in Article 27 (1) 1;

7-2. A person who uses a fishing vessel for navigation or fishing which did not mark the vessel’s load lines in the position or violated others stated in the fishing vessel survey certificate prescribed in Article 27 (1) 1;

8. A person who receives a fishing vessel survey certificate, additional fishing vessel survey certificate, temporary navigation surveys certificate, shipbuilding survey certificate, preliminary survey certificate, special shipbuilding survey certificate, certificate of building, certificate of manufacturing, certificate of maintenance, or certificate of limit load, etc. under Article 27 (1) by fraud or other improper means;

9. A person who provides brokerage services for fishing vessels without filing registration or registration of change prescribed in Article 31-2;

10. A person who files registration of or registration of change to fishing vessel brokerage business prescribed in Article 31-2 by fraud or other improper means.

(2) If a fishing vessel crew member commits an offense referred to in paragraph (1), not only shall such offender be punished accordingly, but the captain also shall be punished by the fine prescribed in the relevant paragraph.

[This Article Wholly Amended on Mar. 28, 2008]

Article 53(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Newly Inserted on Oct. 31, 2017; Feb. 18, 2020>

1. A person who navigates a fishing vessel loaded with people, fish, freight, etc. to the extent that the load line is submerged, in violation of Article 4 (2);

2. A person who fails to operate radio installation without just cause, in violation of Article 5 (2);

3. A person who fails to operate ship location transmitters without just cause, in violation of the main clause of Article 5-2 (1);

4. A person who fails to report the malfunctioning or loss of ship location transmitters or fails to take measures such as repair or re-installation of ship location transmitters after reporting such malfunctioning or loss without just cause, in violation of Article 5-2 (3).

(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on May 27, 2009; Jul. 14, 2011; Dec. 27, 2016; Oct. 31, 2017>

1. A person who fails to provide stability information to the captain or fails to keep such information in the fishing vessel, in violation of Article 3-2 (4) or (5);

2. A person who uses his or her fishing vessel for navigation or fishing without keeping a certificate of vessel's nationality, etc. in the vessel, in violation of the main clause of Article 15;

3. A person who fails to mark the fishing vessel's name, etc. or attach the fishing vessel license plate to the fishing vessel, in violation of Article 16 (1);

4. A person who fails to file an application for registration of change under Article 17;

5. A person who fails to file an application for de-registration under Article 19 (1);

6. A person who fails to return the fishing vessel license plate and the certificate of vessel's nationality, etc. under Article 19 (3) without just cause or fails to report the reasons therefor, such as loss;

7. A person who fails to undergo a fishing vessel survey prescribed in Article 21 (1) without just cause;

7-2. A person who fails to obtain confirmation of the limit load, etc. of loading and unloading facilities, in violation of Article 26-2 (1);

7-3. A person who uses loading and unloading facilities in excess of the limit load, etc., in violation of Article 26-2 (3);

8. A person who uses his or her fishing vessel for navigation or fishing without keeping the fishing vessel survey certificate, additional fishing vessel survey certificate, or temporary navigation survey certificate in the fishing vessel, in violation of Article 29;

9. A person who fails to report temporary or permanent closure, resumption, or an extension of the period for temporary closure of fishing vessel brokerage business prescribed in Article 31-5;

10. A person who fails to undergo continuing education prescribed in Article 31-7 without just cause;

11. A person who fails to explain matters concerning the guarantee of liability for loss or issue or provide a copy of the relevant policy or electronic documents concerning the relevant policy, in violation of Article 31-9 (2).

(3) Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the following persons, as prescribed by Presidential Decree: <Amended on Jul. 14, 2011; Nov. 19, 2014; Dec. 27, 2016; Jul. 26, 2017; Oct. 31, 2017>

1. In cases falling under paragraphs (1) 1 and 2 and (2): The head of a Si/Gun/Gu;

2. In cases falling under paragraph (1) 3 and 4: The Commissioner of the Korea Coast Guard.

(4) Deleted. <May 27, 2009>

(5) Deleted. <May 27, 2009>

[This Article Wholly Amended on Mar. 28, 2008]

FISHING VESSELS ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Fishing Vessel Equipment) #

Article 3-2(Approval and Maintenance of Stability) #

Article 4(Marking of Load Lines) #

Article 5(Radio Installation) #

Article 5-2(Ship Location Transmitters Equipment for Fishing Vessels) #

Article 6(Application of International Conventions) #

Article 7 #

Article 8(Permission for Building or Conversion) #

Article 9 #

Article 10(Cancellation of Permission) #

Article 11 #

Article 12 #

Article 13(Recording and Registration of Fishing Vessels) #

Article 13-2(Effect of Change of Ownership of Small-Sized Fishing Vessels) #

Article 13-3(Registration of Seizure) #

Article 14(Measurement of Gross Tonnage of Fishing Vessels) #

Article 15(Keeping of Certificates of Vessel's Nationality) #

Article 16(Marking of Fishing Vessel’s Name and Attachment of License Plate) #

Article 17(Change of Required Matters) #

Article 18(Re-Issuance of Certificate of Vessel's Nationality) #

Article 19(De-Registration and Return of Certificate of Vessel's Nationality) #

Article 20 #

Article 21(Survey of Fishing Vessels) #

Article 22(Shipbuilding Survey) #

Article 23(Maintenance of Conditions of Fishing Vessels after Fishing Vessel Survey) #

Article 24(Type Approval and Examination) #

Article 24-2(Cancellation of Type Approval) #

Article 24-3(Designation and Cancellation of Type-Approval Testing Laboratory) #

Article 25(Ministry-Designated Places of Business) #

Article 26(Cancellation of Designation of Recognized Manufacturing (Maintenance) #

Article 26-2(Confirmation of Loading and Unloading Facilities) #

Article 27(Issuance of Survey Certificates) #

Article 28(Period of Validity of Survey Certificate) #

Article 29(Keeping of Inspection Certificate) #

Article 30(Application for Re-Survey) #

Article 31(Establishment and Operation of Fishing Vessel Trade System) #

Article 31-2(Registration of Fishing Vessel Brokerage Business) #

Article 31-3(Grounds for Disqualification) #

Article 31-4(De-Registration of Fishing Vessel Brokerage Business) #

Article 31-5(Reports on Temporary or Permanent Closure of Business) #

Article 31-6(Imposition of Penalty Surcharge) #

Article 31-7(Education for Fishing Vessel Brokers) #

Article 31-8(Preparation of Trade Contracts) #

Article 31-9(Purchase of Surety Insurance Policy) #

Article 32(Surveys and Research of Fishing Vessels) #

Article 33(Development of Standard Fishing Vessels) #

Article 34 #

Article 35 #

Article 36 #

Article 37(Application Mutatis Mutandis of Other Statutes or Regulations) #

Article 37-2(Guidance and Supervision on Offenses) #

Article 38(Hearings) #

Article 39(Fees) #

Article 40(Delegation of Authority) #

Article 41(Agency Service for Surveys) #

Article 41-2(Subsidization for the Authority) #

Article 42(Duties of Legal Representative) #

Article 43(Penalty Provisions) #

Article 44(Penalty Provisions) #

Article 45 #

Article 46(Penalty Provisions) #

Article 47(Penalty Provisions) #

Article 48(Joint Penalty Provisions) #

Article 49(Application Mutatis Mutandis of Penalty Provisions) #

Article 50(Application of Penalty Provisions) #

Article 51(Exception to Application of Penalty Provisions) #

Article 52(Legal Fiction as Public Officials in Applying Penalty Provisions) #

Article 53(Administrative Fines) #