SHIP SAFETY ACT

영문법령 불러오는 중…

SHIP SAFETY ACT — 법갈피

Article 3(Scope of Application) #

(1) This Act shall apply to each ship owned by a national of the Republic of Korea or by the Government of the Republic of Korea: Provided, That this Act shall not apply to any of the following ships: <Amended on Apr. 15, 2010; Oct. 31, 2017; Feb. 18, 2020>

1. Warships and coast guard ships;

2. Ships operated solely by human power using oar, boat pole, pedal, etc.;

2-2. Ships defined in subparagraph 1 of Article 2 of the Fishing Vessels Act;

3. Ships prescribed by Presidential Decree, other than those referred to in subparagraphs 1, 2, and 2-2.

(2) The whole or part of this Act shall apply to the following foreign ships, as prescribed by Presidential Decree: Provided, That Article 68 shall apply to all the foreign ships: <Amended on Apr. 11, 2007; Dec. 29, 2009; Oct. 31, 2017>

1. A ship used for regular coast-wise passenger transport services or non-regular coast-wise passenger transport services provided for in subparagraphs 1 and 2 of Article 3 of the Marine Transportation Act;

2. A ship used for coast-wise cargo transport services provided for in subparagraph 1 of Article 23 of the Marine Transportation Act;

3. A bareboat charter hire purchase.

(3) Notwithstanding paragraphs (1) and (2), the whole or part of this Act shall not apply to or may be applied with relaxation to the following ships, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

1. The relevant ship the agreement of which is made by and between the Government of the Republic of Korea and the government of a foreign country concerning the scope of application of this Act;

2. The relevant ship where emergencies prescribed by Ordinance of the Ministry of Oceans and Fisheries occur, such as rescue of victims;

3. The relevant ship where the ship built for the purposes of developing a ship with new characteristics or in new form is intended for temporary use in navigation;

4. A ship which navigates internationally only once exceptionally for sale of the ship to a foreign country.

Article 10(Occasional Survey) #

(1) In any of the following cases, a shipowner shall undergo a survey (hereinafter referred to as "occasional survey") conducted by the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Aug. 20, 2019; Feb. 18, 2020>

1. Where the shipowner intends to perform the conversion or repair of the ship's facilities prescribed by Ordinance of the Ministry of Oceans and Fisheries;

2. Where the shipowner intends to modify the details entered in a ship survey certificate under Article 8 (2): Provided, That the same shall not apply to a modification of insignificant matters not attended with the modification of the ship's facilities, such as modification of name and address of a shipowner, of ship's name, and of port of registry;

3. Where the shipowner intends to modify the use of his or her ship under Article 15 (3);

4. Where the shipowner intends to newly install radio installations or modify them under Article 29;

5. Where ship’s facilities that may affect the seaworthiness of the ship or the maintenance of safety of human life are modified due to a marine accident defined in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents (hereinafter referred to as "marine accident"), etc.;

6. Where the Minister of Oceans and Fisheries designates the contents and timing of an occasional survey by recognizing the necessity to supplement or repair the ship's facilities;

7. Other cases prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as modifying the load line, etc.

(2) The Minister of Oceans and Fisheries shall enter the survey results in the survey records of a ship survey certificate under Article 8 (2) for the ship which has passed the occasional survey under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015>

(3) Notwithstanding paragraph (2), the Minister of Oceans and Fisheries may issue a temporary alteration certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries for a ship which has passed an occasional survey under the main clause of paragraph (1) 2 to temporarily alter the matters specified in the ship survey certificate referred to in Article 8 (2). <Amended on Oct. 31, 2017>

Article 14(Preparation for Survey) #

(1) Matters of arrangements necessary for a shipbuilding survey, special survey, intermediate survey, occasional survey, or temporary navigation survey (hereinafter referred to as "ship survey"), classified by the relevant survey, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) Notwithstanding paragraph (1), the Minister of Oceans and Fisheries may fully or partially relax or exempt the survey arrangements, document submission, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries, taking into account the structure, facilities, size, use, navigation area, etc. of the relevant ship. <Amended on Oct. 31, 2017>

(3) As arrangements for surveys under paragraph (1), a shipowner shall undergo the measurement of the hull thickness conducted by a thickness measuring company designated pursuant to paragraph (4), as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where it is impracticable to domestically measure the hull thickness due to unavoidable circumstances, such as long-term voyage and operations on foreign waters or repair in a foreign country, the shipowner may undergo the measurement conducted by a foreign thickness measuring company other than the one designated as a thickness measuring company under paragraph (4), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Oct. 31, 2017>

(4) The Minister of Oceans and Fisheries may designate a thickness measuring company that fulfills the criteria prescribed by Presidential Decree, such as measuring equipment and professional human resources, as a thickness measuring company that measures hull thickness pursuant to paragraph (3). <Newly Inserted on Oct. 31, 2017>

(5) Where a thickness measuring company designated under paragraph (4) (hereinafter referred to as "designated thickness measuring company") falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the designation or suspend the measuring business for a fixed period of up to six months: Provided, That in cases falling under any of subparagraphs 1 through 3, he or she shall revoke the designation: <Newly Inserted on Oct. 31, 2017>

1. Where the trading agency has obtained the designation by fraud or other improper means;

2. Where a hull thickness was measured by fraud or other improper means;

3. Where the company discontinues its business;

4. If it fails to meet the criteria for designation under paragraph (4);

5. Where the company fails to perform the hull thickness measuring business for at least one year continuously without good cause;

6. Where the company fails to comply with an order to submit a report or data issued under Article 75 (1).

(6) Where the Minister of Oceans and Fisheries designates a thickness measuring company pursuant to paragraph (4) or revokes the designation or suspends the measuring business pursuant to paragraph (5), he or she shall publicly notify such fact. <Newly Inserted on Oct. 31, 2017>

(7) Matters necessary for the procedures for designating a thickness measuring company and the guidance and supervision of a designated thickness measuring company, and the detailed criteria, procedures, etc. for revoking the designation or suspending such measuring business shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 31, 2017>

Article 18(Type Approval and Examination) #

(1) When a person who intends to manufacture or import articles for ship use or small ships prescribed and publicly notified by the Minister of Oceans and Fisheries intends to undergo the examination for the relevant articles for ship use or small ships under the former part of paragraph (9), the person shall pre-obtain type approval (hereinafter referred to as "type approval") from the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(2) A person who intends to obtain type approval under paragraph (1) shall undergo a type approval test: Provided, That where a person manufactures the articles for ship use, small ships, etc. which have passed a survey under the Industrial Standardization Act, the type approval test may be omitted, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(3) The Minister of Oceans and Fisheries shall designate and publicly notify the laboratory in charge of the type approval test under paragraph (2) (hereinafter referred to as "type-approval testing laboratory"), as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(4) Where a person who has obtained type approval intends to modify the details thereof, he or she shall obtain approval from the Minister of Oceans and Fisheries for such modification. In such cases, when the matters affecting the performance of articles for ship use and small ships are modified, he or she shall undergo the type approval test for the relevant modification under paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(5) Where the Minister of Oceans and Fisheries grants type approval under paragraph (1) or approval for modification thereof under the latter part of paragraph (4), he or she shall issue a certificate of type approval as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Oct. 31, 2017>

(6) The term of validity of a certificate of type approval issued under paragraph (5) shall be five years from the date such certificate is issued. <Newly Inserted on Oct. 31, 2017>

(7) A person who intends to maintain type approval after its term of validity prescribed in paragraph (6) expires shall apply for the renewal of the certificate of type approval to the Minister of Oceans and Fisheries at least 30 days prior to the expiry of the period of validity. <Newly Inserted on Oct. 31, 2017>

(8) A person who has obtained type approval under paragraph (1) and the type-approval testing laboratory under paragraph (3) shall keep the articles for ship use in custody which have passed the type approval test. In such cases, the same shall also apply where an approval for modification has been obtained under paragraph (4). <Amended on Oct. 31, 2017>

(9) A person who has obtained type approval or approval for modification thereof under paragraph (1) or (4) shall undergo an examination for the relevant articles for ship use or small ships by the Minister of Oceans and Fisheries according to the standard of the examination prescribed and publicly notified by the Minister of Oceans and Fisheries. In such cases, the relevant articles for ship use (including articles for ship use that have obtained type approval from and passed the examination by the Minister of Oceans and Fisheries pursuant to Article 24 (1) of the Fishing Vessels Act by meeting the level which is equivalent to or higher than the standard prescribed by this Act) and small ships which have passed the examination shall be deemed to have passed the first survey performed out of the shipbuilding survey or ship survey. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(10) The Minister of Oceans and Fisheries shall issue an examination certificate for the articles for ship use or small ships which have passed the examination and issue a mark of passing the examination on the relevant articles for ship use. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Feb. 18, 2020>

(11) Matters concerning the procedures for type approval, the procedures for renewal of a certificate of type approval, the guidance and supervision of a person who has obtained type approval and the type-approval testing laboratory, the scope of custody of articles for ship use, the form and issuance of the examination certificate under paragraphs (1) through (10) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, and the standard of the type approval test under paragraph (2) shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

Article 19(Revocation of Type Approval) #

(1) When a person who has obtained type approval falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the type approval or suspend the validity thereof for a fixed period of up to six months: Provided, That in cases falling under subparagraph 1, the type approval shall be revoked: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 27, 2022>

1. When he or she has obtained type approval or approval for modification thereof by fraud or other improper means;

2. When he or she fails to undergo an examination or undergoes an examination by fraud or other improper means;

2-2. When he or she fails to obtain approval for modification of type approval;

3. When the articles for ship use or small ships manufactured or imported cease to meet the standard of ship's facilities under Article 26;

4. When he or she fails to manufacture or import the relevant articles for ship use or small ships for at least two consecutive years without good cause;

5. When he or she refuses to follow orders for the reporting and submission of data under Article 75.

(2) Where type approval is revoked under paragraph (1), passes in type approval tests conducted under Article 18 (2) and (4) shall also be revoked. <Newly Inserted on Dec. 27, 2022>

(3) When a type-approval testing laboratory under Article 18 (3) falls under any of the following cases, the Minister of Oceans and Fisheries may revoke its designation and suspend the validity thereof for a fixed period of up to six months: Provided, That in cases falling under subparagraphs 1 through 3, such designation shall be revoked: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 27, 2022>

1. When it has been designated by fraud or other improper means;

2. When it no longer performs affairs concerning tests;

3. When it ceases to meet the criteria for designation of a type-approval testing laboratory under Article 18 (3);

4. When it is deemed to lose public confidence in type approval tests due to an error, mistake, omission, etc.;

5. When it refuses to conduct type approval tests without good cause;

6. When it conducts a wrongful act or receives a fee unjustly in connection with a type approval test.

(4) Matters concerning the revocation of type approval and suspension of the validity thereof under paragraph (1), the revocation of passes in type approval tests under paragraph (2), the procedures for revoking the designation of a type-approval testing laboratory and for suspending the validity of such designation under paragraph (3), and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2022>

Article 20(Designation of Recognized Manufacturing (Maintenance) #

Factory) (1) A person who manufactures or maintains articles for ship use or small ships prescribed and publicly notified by the Minister of Oceans and Fisheries may be designated for the relevant factory as a recognized manufacturing factory or a recognized maintenance factory (hereinafter referred to as "recognized manufacturing (maintenance) factory") by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015>

(2) A person who intends to be designated as a recognized manufacturing (maintenance) factory under paragraph (1) shall obtain approval of the facilities and installations, standards for manufacture and maintenance, criteria for in-house survey, human resources, etc. from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply to the modification of the approved matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Feb. 18, 2020>

(3) Articles for ship use or small ships which have been manufactured or maintained in a recognized manufacturing (maintenance) factory designated by the Minister of Oceans and Fisheries under paragraph (1) and which have passed in-house survey standards under paragraph (2) shall be deemed to have passed the first survey performed out of the shipbuilding survey and ship survey: Provided, That the articles for ship use or small ships prescribed and publicly notified by the Minister of Oceans and Fisheries shall be deemed to have passed the same survey only where they have been directly verified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Feb. 18, 2020>

(4) A recognized manufacturing (maintenance) factory shall directly issue a certificate for the articles for ship use or small ships which have passed their own survey standard under paragraph (3); and shall issue a mark on the relevant articles for ship use indicating their passing of its own survey standard: Provided, That the Minister of Oceans and Fisheries shall issue a written verification for the articles for ship use or small ships to be directly verified by the Minister of Oceans and Fisheries under the proviso of paragraph (3); and shall issue a mark indicating the verification on the relevant articles for ship use. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015>

(5) When the Minister of Oceans and Fisheries designates a recognized manufacturing (maintenance) factory under paragraph (1), he or she shall guide and supervise as to whether it conducts manufacturing and maintenance and is operated and managed according to the terms of the approval obtained under paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015>

(6) Matters necessary for the procedure for designation of recognized manufacturing (maintenance) factories, procedure for verifying the suitability of recognized manufacturing (maintenance) factories, form and issuance of certificates and written verification and guidance and supervision, etc. on recognized manufacturing (maintenance) factories under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Feb. 18, 2020>

[Title Amended on Jan. 6, 2015]

Article 22(Preliminary Inspections) #

(1) A person who intends to manufacture, convert, repair, maintain, or import articles for ship use or hull of small ships designated and publicly notified by the Minister of Oceans and Fisheries may undergo a survey (hereinafter referred to as "preliminary inspection") conducted by the Minister of Oceans and Fisheries pursuant to the standard prescribed and publicly notified by the Minister of Oceans and Fisheries before the articles for ship use are installed in a ship. In such cases, matters necessary for procedures for preliminary inspection shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) A person who intends to undergo a preliminary inspection under paragraph (1) shall obtain approval from the Minister of Oceans and Fisheries on the drawings of the relevant articles for ship use or the hull of small ships, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, Article 13 (2) shall apply mutatis mutandis to a mark of approval of the drawings following a preliminary inspection. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(3) The Minister of Oceans and Fisheries shall issue a Certificate of Articles for Ship Use prescribed by Ordinance of the Ministry of Oceans and Fisheries for the articles for ship use or the hulls of small ships which have passed a preliminary inspection under paragraph (1). In such cases, for the relevant articles for ship use, a mark indicating that they have passed such survey shall be issued separately. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(4) The articles for ship use or hulls of small ships which have passed a preliminary inspection under paragraph (1) shall be deemed to have passed the first survey performed the shipbuilding survey or ship survey.

(5) Article 14 (1) shall apply mutatis mutandis to the arrangements for a preliminary inspection. In such cases, "shipbuilding survey and ship survey" in Article 14 (1) shall be construed as "preliminary inspection".

Article 23(Type Approval and Inspection of Containers) #

(1) In cases of a container loaded on a ship and used for transport of cargo, a person who intends to manufacture a container, the area of the bottom of which is equal to or larger than that prescribed by Ordinance of the Ministry of Oceans and Fisheries, shall obtain type approval (hereinafter referred to as "container type approval") from the Minister of Oceans and Fisheries.

(2) A person who intends to obtain container type approval under paragraph (1) shall undergo a type approval test conducted by a testing laboratory designated and publicly notified as prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as "container type-approval testing laboratory").

(3) Where a person who has obtained container type approval under paragraphs (1) and (2) intends to modify the details thereof, the person shall obtain approval for the modification from the Minister of Oceans and Fisheries. In such cases, when the person modifies such matters affecting the performance of the relevant container as determined and publicly notified by the Minister of Oceans and Fisheries, he or she shall undergo a separate type approval test under paragraph (2) for the relevant modification.

(4) Where the Minister of Oceans and Fisheries grants container type approval under paragraph (1) or approval for modification under paragraph (3), he or she shall issue a certificate of type approval, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(5) The term of validity of a certificate of container type approval under paragraph (4) shall be five years from the date such certificate is issued.

(6) A person who intends to maintain type approval after its term of validity under paragraph (5) expires shall file an application for the renewal of the certificate of container type approval with the Minister of Oceans and Fisheries from 15 days to three months prior to the expiry of the term or validity.

(7) A person who has obtained container type approval or approval for modification thereof under paragraphs (1) and (3) shall undergo an inspection (hereinafter referred to as "container inspection") conducted by the Minister of Oceans and Fisheries for the relevant container pursuant to the inspection standards determined and publicly notified by the Minister of Oceans and Fisheries. In such cases, the Minister of Oceans and Fisheries shall issue a Certificate of Inspection on Articles for Ship Use of Approved Type for a container which has passed the inspection.

(8) A container manufacturer shall affix a plate of safety type approval (hereinafter referred to as "CSC Safety Approval") indicating the container type approval to the container which has passed the container inspection under paragraph (7), and the Minister of Oceans and Fisheries shall issue a mark of confirmation on the CSC Safety Approval indicating the pass in the container inspection.

(9) A container owner shall remove a CSC Safety Approval without delay in any of the following cases:

1. Where a container is converted differently from the manner specified in the existing approved matters and the information on the CSC Safety Approval;

2. Where type approval is revoked under Article 23-3 (1) 1;

3. Where a safety checkup is not conducted under Article 24.

(10) Matters necessary for the procedures for container type approval and approval for modification thereof, the standards and procedures for designating a container type-approval testing laboratory, the standards for type approval tests, the procedures for renewing certificates of container type approval, and the guidance to and supervision over a person who has obtained container type approval and a container type-approval testing laboratory under paragraphs (1) through (9), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(11) Neither shipowner nor captain of any ship shall load on the ship any container which has no CSC Safety Approval under paragraph (8) affixed thereto and use such container for transportation of cargoes.

[This Article Wholly Amended on Dec. 27, 2022]

[Enforcement Date: Dec. 27, 2022] Article 23 (9)

Article 23-3(Revocation of Container Type Approval) #

(1) When a person who has obtained container type approval under Article 23 (1) falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the container type approval or suspend the validity thereof for a fixed period of up to six months: Provided That in cases falling under subparagraph 1, the container type approval shall be revoked:

1. When he or she has obtained container type approval or approval for modification thereof by fraud or other improper means;

2. When he or she fails to undergo a container inspection or undergoes a container inspection by fraud or other improper means;

3. When he or she fails to obtain approval for modification of container type approval;

4. When he or she fails to manufacture containers for at least two consecutive years without good cause after obtaining container type approval or approval for modification thereof;

5. When containers for which container type approval is granted under Article 23 (1) cease to meet the standards for type approval tests specified in Article 23 (10);

6. When he or she refuses to comply with orders for reporting and submission of data under Article 75 without good cause.

(2) When a container type-approval testing laboratory falls under any of the following cases, the Minister of Oceans and Fisheries may revoke its designation or suspend the validity thereof for a fixed period of up to six months: Provided, That in cases falling under any of subparagraphs 1 through 3, the designation shall be revoked:

1. When it has been designated by fraud or other improper means;

2. When it no longer performs affairs regarding type approval tests;

3. When it ceases to meet the criteria for designation of a container type-approval testing laboratory;

4. When it is deemed to lose public confidence in type approval tests due to an error, mistake, omission, etc.;

5. When it refuses to conduct type approval tests without good cause;

6. When it conducts a wrongful act or receives a fee unjustly in connection with type approval tests.

(3) Where container type approval is revokeed under paragraph (1), passes in type approval tests under Article 23 (2) shall also be revoked.

(4) Matters necessary for the revocation of container type approval and the suspension of the validity thereof under paragraph (1), the revocation of designation of a container type-approval testing laboratory and the suspension of the validity thereof under paragraph (2), and the procedures for revoking passes in type approval tests under paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

[This Article Newly Inserted on Dec. 27, 2022]

Article 25(Prohibition of Use of Containers) #

(1) No one shall load a ship with a container for which the safety checkup under Article 24 has not been performed, and use it for maritime cargo transport. <Amended on Feb. 18, 2020>

(2) Anyone who finds a container which may jeopardize human life and safety of a ship due to breakage, corrosion, crevice, deformation, etc. shall report it without delay to the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) The Minister of Oceans and Fisheries may have a public official under his or her control verify whether a container brought into a port has a valid CSC Safety Approval, whether the structure, etc. of such container is in conformity with the International Convention for Safe Containers, and other matters and may take measures necessary therefor. <Newly Inserted on Dec. 27, 2022>

(4) When the Minister of Oceans and Fisheries finds, or receives a report on, a container specified in paragraph (2) or when a container that is found unsuitable based on the results of verification under paragraph (3) is identified, he or she may open the relevant container and repair it or take necessary safety measures, such as transfer of cargo loaded in the container or abandonment thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 27, 2022>

(5) The Minister of Oceans and Fisheries may claim from a container owner the expenses incurred in taking measures under paragraph (4). <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2022>

(6) Where a container owner under paragraph (5) is unknown or his or her whereabouts are unknown, the Minister of Oceans and Fisheries may publicly sell the relevant container and loaded cargo and appropriate the expenses incurred in taking measures under paragraph (4). In such cases, any balance of money remaining after appropriating expenses shall be deposited. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 27, 2022>

(7) Matters necessary for measures for safety of containers, procedures for claiming expenses, appropriation procedures, etc. under paragraphs (3) through (6) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 27, 2022>

Article 41-2(Education on Safe Transport of Dangerous Goods) #

(1) Any person who is engaged in producing, transporting and loading dangerous goods by ship (hereinafter referred to as "person handling dangerous goods") shall receive education provided by the Minister of Oceans and Fisheries on safe transport of dangerous goods. <Amended on Mar. 23, 2013>

(2) The Minister of Oceans and Fisheries may designate an education institution specializing in education on safe transport of dangerous goods (hereinafter referred to as "professional education institution of safe transport of dangerous goods") and require the education institution to conduct education for persons handling dangerous goods to efficiently provide education to persons handling dangerous goods. <Amended on Mar. 23, 2013>

(3) Any person who intends to be designated as a professional education institution of safe transport of dangerous goods under paragraph (2) shall have facilities, equipment, human resources, etc. that satisfy the criteria set by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(4) If a professional education institution of safe transport of dangerous goods falls under any of the following cases, the Minister of Oceans and Fisheries may revoke designation or suspend all or some services by up to six months: Provided, That if it falls under subparagraph 1, the designation as a professional education institution of safe transport of dangerous goods shall be revoked: <Amended on Mar. 23, 2013>

1. Where the professional education institution of safe transport of dangerous goods was designated by fraud or other improper means;

2. Where a professional education institution of safe transport of dangerous goods falls short of the criteria for designation as referred to in paragraph (3).

(5) Detailed matters on disposition under paragraph (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(6) Matters necessary for specific scope, content, etc. of education for persons handling dangerous goods who are required to receive education on safe transport of dangerous goods under paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>

[This Article Newly Inserted on Apr. 15, 2010]

Article 60(Delegation for Survey Affairs) #

(1) The Minister of Oceans and Fisheries may have the Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act (hereinafter referred to as the “Authority”) perform the following affairs concerning shipbuilding surveys, ship surveys, approval of drawings, etc. (hereinafter referred to as "affairs of survey, etc."), on his or her behalf. In such cases, the Minister of Oceans and Fisheries shall enter into an agreement with the Authority, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Dec. 31, 2018; Feb. 18, 2020>

1. Shipbuilding surveys, issuance of shipbuilding survey certificates, and special shipbuilding surveys under Article 7 (1), (2), and (4);

2. Special surveys and issuance of ship survey certificates under Article 8 (1) and (2);

3. Intermediate surveys under Article 9 (1);

4. Occasional surveys and issuance of temporary alteration certificates under Article 10 (1) and (3);

5. Temporary navigation surveys and issuance of temporary navigation certificates under Article 11 (1) and (2);

6. International convention surveys and issuance international convention certificates under Article 12 (1), (2), and (4);

7. Approval of drawings and marks of approval under Article 13 (1) and (2);

8. Deleted; <Oct. 31, 2017>

9. Extending the term of validity of ship survey certificates and international convention certificates under Article 16 (2);

10. Examining articles for ship use or small ships, issuing examination certificates, and marks of passing examination under Article 18 (9) and (10);

11. Verifying articles for ship use or small ships, issuing written verification, and marks of verification under the provisos to Article 20 (3) and (4);

12. Preliminary inspections, approval of drawings and marks of approval, issuance of Certificate of Articles for Ship Use, and marks of passing preliminary inspections under Article 22 (1) through (3);

13. Approval of stability information under Article 28 (2) and (3);

14. Confirming limited loads, etc. and issuance of written confirmations of limited loads, etc. under Article 34 (1) and (2);

15. Preparing and entering the details of inspection registers of cargo handling appliances under Article 35 (1);

16. Approval of cargo securing manual under Article 39 (1);

17. Enhanced surveys under Article 42 (1);

18. Towing surveys and issuance of towing certificates under Article 43 (1) and (2).

(2) The Minister of Oceans and Fisheries may have a corporation (hereinafter referred to as "classification society") which performs the affairs of registration of ships and of evaluation concerning the seaworthiness (hereinafter referred to as "classification affairs") for purchasing and maintaining hull insurance as a domestic or foreign corporation that meets the criteria prescribed and publicly notified by the Minister of Oceans and Fisheries, perform the affairs of survey, etc. under the subparagraphs of paragraph (1) for the ships only registered or to be registered on the register (hereinafter referred to as "classification-registered ships") administered by the relevant classification society. In such cases, the Minister of Oceans and Fisheries shall enter into an agreement with the classification society, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(3) The term of agreements under the latter part of paragraph (1), with the exception of the subparagraphs, and the latter part of paragraph (2) shall be within five years and may be extended, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(4) When the Authority and classification society perform affairs of survey, etc. on behalf of the Minister of Oceans and Fisheries under paragraphs (1) and (2), they shall formulate their own regulations of survey related to the delegation and obtain approval from the Minister of Oceans and Fisheries on them. This shall also apply to the modification of approved matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

Article 68(Port State Control) #

(1) The Minister of Oceans and Fisheries may ascertain whether the structure, facilities, methods of transporting cargoes, ship navigation knowledge, etc. of the crew of a foreign ship are suitable for the international conventions concerning the safety of ships prescribed by Presidential Decree and take necessary measures therefor (hereinafter referred to as "port State control"). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(2) Where exercising the port State control under paragraph (1), the Minister of Oceans and Fisheries may have public officials under his or her direct control aboard a foreign ship entering or scheduled to enter any port of the Republic of Korea perform it. In such cases, the navigation of the relevant ship shall not be unduly delayed. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(3) As a result of the port State control under paragraph (1), when it is recognized that the structure, facilities, methods of transporting cargoes, ship navigation knowledge, etc. of the crew of a foreign ship fail to meet the standards of the international conventions under paragraph (1), the Minister of Oceans and Fisheries may issue an order to take necessary corrective measures to the relevant ship, such as repair, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(4) As a result of the port State control under paragraph (1), when it is determined that defects related to the structure, facilities, methods of transporting cargoes, ship navigation knowledge, etc. of the crew of a ship are apprehended to cause substantial danger to the relevant ship or the persons aboard the ship, the Minister of Oceans and Fisheries may order a detention on such ship. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(5) Where a shipowner of a foreign ship is dissatisfied with an order for corrective measures or an order for detention under paragraphs (3) and (4), the shipowner may file an objection with the Minister of Oceans and Fisheries with the reasons of dissatisfaction entered therein within 90 days from the date he or she has received the relevant orders. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(6) Upon receipt of an objection under paragraph (5), the Minister of Oceans and Fisheries shall have public officials under his or her control directly investigate whether the relevant order for corrective measures or the order for detention is illegal or unjust; and shall notify the applicant of the result thereof within 60 days: Provided, That in unavoidable circumstances, the deadline of notification may be extended by up to 30 days. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(7) A person dissatisfied with an order for corrective measures or an order for detention shall not commence administrative litigation without following the procedure for filing an objection under paragraphs (5) and (6): Provided, That the same shall not apply where he or she falls under Article 18 (2) and (3) of the Administrative Litigation Act. <Amended on Feb. 18, 2020>

(8) Matters necessary for measures for a foreign ship and filing objections under paragraphs (3) through (7) shall be prescribed by Presidential Decree. <Amended on Feb. 18, 2020>

Article 75(Order for Report and Submission of Data) #

(1) In any of the following cases, the Minister of Oceans and Fisheries may order a shipowner, a designated thickness measuring company; a person who has obtained type approval under Article 18 (1); a type-approval testing laboratory under Article 18 (3); a person designated as a recognized manufacturing (maintenance) factory under Article 20 (1); a person who has undergone a preliminary inspection under Article 22 (1); a person who has obtained container type approval under Article 23 (1); a container owner under Article 24 (1); a container safety checkup business operator under Article 24-2 (1); a consignor or the captain of a ship under Article 36 (2); a harbor facility operator or a lessee under Article 41 (1) of the Harbor Act; the Authority; the classification society; an agency for inspection, etc. of containers; an agency for inspection, etc. of dangerous goods (hereafter in this Article, referred to as "shipowner, etc."), to make necessary reports, or submit necessary data: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Oct. 31, 2017; Jan. 29, 2020; Dec. 27, 2022>

1. Where it is necessary in connection with guidance and supervision under Articles 14 (7), 18 (11), 20 (5), 23 (10), 24-2 (5), 64 (2), and 65 (2);

1-2. Where it is necessary for container type approval under Article 23 (1);

1-3. Where it is necessary for approving and applying the container safety checkup method under Article 24 (1);

1-4. Where it is necessary for performing affairs related to the registration of container safety checkup business operators under Article 24-2 (1);

2. Where it is necessary in connection with facilities for seaworthiness of ships and safety of human life, and measures to prevent danger at sea;

3. Where it is necessary in connection with supervision under Article 60 (1) and (2).

(2) When deemed impracticable to attain the objectives of the subparagraphs of paragraph (1) as a result of the review of the contents of report and the contents of data submitted under paragraph (1), the Minister of Oceans and Fisheries may have the public officials under his or her control directly access the relevant ship or place of business to inspect books, documents, and facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Where the Minister of Oceans and Fisheries conducts inspection under paragraph (2), he or she shall notify a shipowner, etc. of the inspection plan including inspector, date, time, reasons, details, etc. of inspection, seven days prior to such inspection: Provided, That where it is urgently requested according to the navigation itinerary, etc. of a ship or it is deemed difficult to attain the objectives of the subparagraphs of paragraph (1) due to the destruction of evidence, etc. in cases of prior notification, the same shall not apply. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) A public official who performs an inspection under paragraph (2) shall carry a certificate evidencing his or her authority and produce it to interested parties, and give a document indicating the name, time of access, purpose of access, etc. to interested parties when accessing the relevant ship or place of business.

(5) When it is deemed that this Act or an order issued under this Act has been violated, as a result of inspection of a ship or a place of business under paragraph (2), the Minister of Oceans and Fisheries may order the suspension of navigation or make a disposition related to the repair and supplement for the relevant ship or place of business, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(6) Where the Minister of Oceans and Fisheries has ordered the suspension of navigation, etc. under paragraph (5), he or she shall release the order as soon as the grounds for such order are solved. <Amended on Feb. 18, 2020>

(7) In addition to the reports referred to in paragraph (1), a survey agency shall report its performance of delegated business to the Minister of Oceans and Fisheries for each period prescribed and publicly notified by the Minister of Oceans and Fisheries. <Newly Inserted on Oct. 31, 2017>

Article 78(Hearings) #

Where the Minister of Oceans and Fisheries intends to take any of the following dispositions, he or she shall hold a hearing, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Aug. 20, 2019; Dec. 27, 2022>

1. Revoking the designation, or suspending the business, of a designated thickness measuring company under Article 14 (5);

2. Revoking the type approval of articles for ship use that have obtained type approval, or suspending the validity thereof under Article 19 (1) or 19-2 (2);

3. Revoking the designation of a type-approval testing laboratory, or suspending the validity thereof under Article 19 (3);

4. Revoking the designation of a recognized manufacturing (maintenance) factory, or suspending the validity thereof under Article 21 (1);

5. Revoking container type approval or suspending the validity thereof under Article 23-3 (1);

5-2. Ordering recall, exchange, disposal, or suspension of sale of, containers and revoking container type approval under Article 23-4 (2);

5-3. Revoking approval of the safety checkup method granted to container owners under Article 24-3, and revoking registration of container safety checkup business operators or suspending business under Article 24-4 (1);

6. Revoking the designation of a professional education institution of safe transport of dangerous goods, or suspending services of the institution under Article 41-2 (4);

7. Revoking or suspending delegation to the Authority and a classification society under Article 62 (1);

8. Revoking or suspending delegation of an agency for inspection, etc. of containers under Article 64 (2);

9. Revoking or suspending delegation of an agency for inspection, etc. of dangerous goods under Article 65 (2);

10. Requesting to dismiss a ship surveyor or to suspend his or her duties under Article 77 (3);

11. Requesting to dismiss a dangerous goods inspector or suspend performance of his or her duties under Article 77-2 (3).

[This Article Wholly Amended on Oct. 31, 2017]

Article 80(Fees) #

(1) Any of the following persons shall pay the Minister of Oceans and Fisheries a fee, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where a survey agency performs the affairs of survey, verification, examination, approval, etc. under this Act on behalf of the Minister of Oceans and Fisheries, such person shall pay the relevant agency a fee prescribed by the relevant agency: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Oct. 31, 2017; Aug. 20, 2019; Dec. 27, 2022>

1. A person who files an application for shipbuilding surveys, ship surveys, special shipbuilding surveys, or international convention surveys;

2. A person who files an application for approval of drawings under Article 13 (1);

3. A person who files an application for permission for modification under Article 15 (3);

4. A person who files an application for type approval or approval for modification thereof under Article 18 (1) and (4);

5. A person who files an application for examination of articles for ship use or small ships under Article 18 (9);

6. A person who files an application for designation of a recognized manufacturing (maintenance) factory under Article 20 (1);

7. A person who files an application for verification under the proviso of Article 20 (3);

8. A person who files an application for preliminary inspection under Article 22 (1);

9. A person who files an application for approval of drawings under Article 22 (2);

10. A person who files an application for container type approval or approval for modification thereof under Article 23 (1) and (3);

11. A person who files an application for a container inspection under Article 23 (7);

12. A person who files an application for approval of safety checkup method under Article 24 (1);

13. A person who files an application for approval of stability information under Article 28 (2);

14. A person who files an application for confirmation of limited loads, etc. under Article 34 (1);

15. A person who files an application for approval of cargo securing manual under Article 39 (1);

16. A person who files an application for survey or approval of the suitability of dangerous goods under Article 41 (2);

17. A person who files an application for enhanced surveys or towing surveys;

18. A person who files an application for issuance or re-issuance of a certificate, etc. under Articles 7 (2), 8 (2), 10 (3), 11 (2), 12 (2) and (4), 18 (10), 20 (4), and 22 (3), the latter part of Article 23 (7), and Articles 34 (2) and 43 (2).

(2) Deleted. <Oct. 31, 2017>

(3) Where a survey agency collects a fee under the proviso of paragraph (1), with the exception of the subparagraphs, it shall set the standards thereof and obtain approval from the Minister of Oceans and Fisheries. The same shall also apply to modification of approved matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017>

(4) Where a survey agency collects a fee under the proviso of paragraph (1), with the exception of the subparagarphs, such income shall become the revenue of a survey agency. <Amended on Oct. 31, 2017>

(5) With respect to a ship which has been ordered to take the corrective measures or the detention under Article 68 (3) and (4) due to any defect discovered as a result of the port State control under Article 68, the Minister of Oceans and Fisheries may collect a fee necessary for confirmation, etc. of the correction of the defect, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(6) Where an additional inspection is performed in a foreign country under the proviso of Article 69 (2), the Minister of Oceans and Fisheries may collect fees for necessary facilities, such as airfares. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 83(Penalty Provisions) #

Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: <Amended on Jan. 6, 2015; Oct. 31, 2017; Aug. 20, 2019; Feb. 18, 2020; Dec. 27, 2022>

1. A person who fails to undergo a shipbuilding survey in violation of Article 7;

2. A person who undergoes a shipbuilding survey, ship survey, or international convention survey agreement under Articles 7 through 12 by fraud or other improper means;

2-2. A person who measures thickness of hulls under Article 14 (3) by fraud or other improper means;

3. A shipowner who modifies or converts the structure arrangement, machinery, facilities, etc. of the relevant ship after a shipbuilding survey or ship survey, in violation of Article 15 (1) (including cases where said paragraph shall apply mutatis mutandis under Article 43 (4));

3-2. A shipowner who causes his or her ship to suffer a maritime accident in violation of Article 15 (2) by intention or gross negligence;

4. A shipowner who modifies the length, width, depth, and use of a ship or converts the facilities thereof without obtaining permission from the Minister of Oceans and Fisheries, in violation of Article 15 (3);

5. A person who obtains type approval or approval for modification thereof, and undergoes the examination under Article 18 (1), (4), and (9) by fraud or other improper means, or a person who fails to obtain type approval and to undergo the examination;

6. A person who is designated as a recognized manufacturing (maintenance) factory under Article 20 (1) by fraud or other improper means;

6-2. A person who issues a certificate of the passing of survey standard under Article 20 (4) or a mark indicating the passing of its own survey standard by fraud or other improper means;

7. A person who undergoes a preliminary inspection under Article 22 (1) by fraud or other improper means;

8. A person who obtains container type approval or approval for modification thereof, and undergoes the examination under Article 23 (1), (3), and (7) by fraud or other improper means, or a person who fails to obtain container type approval and to undergo the examination;

8-2. A person who obtains approval of the container safety checkup method or approval for modification thereof under Article 24 (1) and (3) by fraud or other improper means;

8-3. A person who uses containers without obtaining approval of the container safety checkup method under Article 24 (1);

8-4. A person who has filed for registration of a container safety checkup business operator under Article 24-2 (1) by fraud or other improper means;

8-5. A person who conducts business without filing for registering registration of a container safety checkup business operator under Article 24-2 (1);

9. A person who transports passengers or cargo exceeding the load line, in violation of Article 27 (2);

10. A person who uses a ship for navigation without maintaining stability, in violation of Article 28 (1);

11. A shipowner who stows or secures cargo without obtaining approval of cargo securing manual from the Minister of Oceans and Fisheries in violation of Article 39 (1);

11-2. A person who loads or lashes cargo failing to comply with the details approved, in violation of Article 39 (2);

12. A person who undergoes an enhanced survey under Article 42 (1) by fraud or other improper means;

13. A person who undergoes a towing survey under Article 43 (1) by fraud or other improper means;

13-2. A person who conducts affairs of survey, etc. under Article 60 (1) by fraud or other improper means;

13-3. Deleted; <Oct. 31, 2017>

13-4. A person who conducts container inspection, etc. under Article 64 by fraud or other improper means;

13-5. A person who conducts an inspection and grants approval related to dangerous goods under Article 65 by fraud or other improper means;

14. A person who informs others or discloses to the public or reports, in violation of Article 74 (4).

Article 84(Penalty Provisions) #

(1) A shipowner, captain, employee of a ship, or container owner who commits any of the following offenses shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won: <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013; Jan. 6, 2015; Oct. 31, 2017; Feb. 18, 2020; Dec. 27, 2022>

1. When he or she uses a ship for navigation beyond the navigation area entered in the relevant ship survey certificate under Article 8 (2);

2. When he or she uses a ship for navigation with persons on board exceeding the maximum number of allowable persons on board entered in the relevant ship survey certificate under Article 8 (2);

3. When he or she uses a ship for navigation in violation of the designated position of the load line entered in the relevant ship survey certificate under Article 8 (2);

4. Deleted; <Jan. 6, 2015>

5. When he or she uses a ship for navigation without a ship survey certificate, etc. or with the ship survey certificate, etc. the validity of which has been suspended, in violation of Article 17 (1);

6. When he or she uses a ship for navigation in violation of the conditions related to navigation entered in the relevant ship survey certificate, etc., in violation of Article 17 (2);

6-2. When he or she loads on the ship a container which has no CSC Safety Approval attached thereto and use such container for transportation of cargoes, in violation of Article 23 (11);

6-3. When he or she fails to perform the safety checkup of containers, in violation of Article 24 (1);

6-4. When he or she uses a container without performing the safety checkup of the container, in violation of Article 25 (1);

7. Deleted; <Dec. 29, 2009>

8. When he or she hides, modifies, or erases the mark of the load line, in violation of Article 27 (1);

9. Deleted; <Jan. 6, 2015>

10. When he or she uses a ship without being equipped with radio installations, in violation of Article 29 (3);

11. When he or she fails to report defects of a ship under Article 74 (1).

(2) When a captain commits any violation referred to in paragraph (1) concerning the affairs of a shipowner, not only shall the captain be punished, but the shipowner also shall be fined under the same paragraph: Provided, That where the shipowner has not been negligent in giving due attention and supervision concerning the relevant affairs in order to prevent such violation, the foregoing shall not apply. <Amended on Dec. 29, 2009>

(3) When a crewmember of a ship, other than its captain, commits any violation referred to in paragraph (1), not only shall the relevant crewmember of the ship be punished, but the captain also shall be fined under the same paragraph: Provided, That where the captain has not been negligent in giving due attention and supervision concerning the relevant affairs in order to prevent such violation, the foregoing shall not apply. <Amended on Dec. 29, 2009>

(4) Deleted. <Feb. 18, 2020>

Article 89(Administrative Fine) #

(1) Deleted. <Jan. 6, 2015>

(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Feb. 6, 2009; Dec. 29, 2009; Apr. 15, 2010; May 22, 2013; Jan. 6, 2015; Oct. 31, 2017; Feb. 18, 2020; Dec. 27, 2022>

1. A person who fails to undergo a ship survey without good cause;

2. A person who fails to keep the approved drawings in a ship, in violation of Article 13 (4);

3.Deleted; <Jan. 6, 2015>

3-2. A person who fails to keep a ship survey certificate, etc. in a ship (excluding a small ship), in violation of Article 17 (3);

3-3. A person who fails to file an application for the renewal of a certificate of type approval under Article 18 (7) without good cause;

4. A person who fails to take custody of the articles for ship use which passed the type approval test or the test of approval for modification under Article 18 (8);

4-2. A person who fails to obtain approval for modification in the container safety checkup method approved under Article 24 (3);

4-3. A person who has filed for registration of a container safety checkup business operator Article 24-2 (3) but fails to file for registration of modification thereof;

5. Deleted; <Jan. 6, 2015>

6. Deleted; <Jan. 6, 2015>

7. A person who fails to provide a captain with the stability information in violation of Article 28 (2);

8. A person who hinders or interferes in the professional judgment of a captain, in violation of Article 31;

9. A person who fails to keep the nautical publication in a ship, in violation of Article 32;

10. A person who fails to secure the navigation bridge visibility, in violation of Article 33 (1);

11. A person who fails to install a communication system between the navigating bridge and the steering gear compartment, in violation of Article 33 (2);

12. A person who fails to mark the limited load, etc., in violation of Article 34 (3);

13. A person who uses cargo handling appliances in violation of the matters, such as the limited load, etc., in violation of Article 34 (4);

14. A person who fails to keep the documents, such as inspection register of cargo handling appliances, etc. in a ship, in violation of Article 35 (2);

15. A person who fails to provide information concerning cargoes, in violation of Article 36 (1) or (2);

16. A person who fails to provide a captain with instruments measuring the concentration of poisonous gases or oxygen and operating manuals therefor, in violation of Article 37;

17. A person who fails to take safety measures, in violation of Article 38;

18. Deleted; <Jan. 6, 2015>

19. A person who fails to take safety measures, in violation of Article 39 (3);

20. Deleted; <Jan. 6, 2015>

21. A person who fails to provide a captain with information concerning stability of the ship, the nature of the cargo, and the loading method, in violation of Article 40 (1);

22. A person who fails to take safety measures, in violation of Article 40 (2);

23. A person who loads, transports, or stores dangerous goods, in violation of Article 41 (1);

24. A person who fails to undergo an inspection or obtain approval concerning the suitability of loading, transporting, and storage method of dangerous goods under Article 41 (2) without good cause;

24-2. A person who handles dangerous goods without receiving education on safe transport of dangerous goods under Article 41-2 (1) without good cause;

25. A person who fails to undergo an enhanced survey under Article 42 (1) without good cause;

26. A person who fails to keep a towing certificate in the tugboat, in violation of Article 43 (3);

26-2. Deleted; <Dec. 31, 2018>

27. A shipowner of a ship of the Republic of Korea which has been detained due to the port State control of a foreign State authority, in violation of Article 69 (1);

28. Any of the following persons who fails to report or submit data prescribed in Article 75 (1) without good cause:

(a) A shipowner;

(b) A type-approval testing laboratory under Article 18 (3);

(d) A safety checkup business operator under the latter part of Article 24 (1).

(3) A captain of a ship which fails to operate a ship location transmitter under Article 30 (1) without good cause shall be punished by an administrative fine not exceeding one million won.

(4) Administrative fines provided for in paragraphs (1) through (3) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Dec. 29, 2009; Mar. 23, 2013>

(5) Deleted. <Feb. 6, 2009>

(6) Deleted. <Jun. 6, 2009>

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of Application) #

Article 4(Application of Standard of Ship's Facilities) #

Article 5(Relations with International Conventions) #

Article 6(Participation in Survey of Ship) #

Article 7(Shipbuilding Surveys) #

Article 8(Special Surveys) #

Article 9(Intermediate Surveys) #

Article 10(Occasional Survey) #

Article 11(Temporary Navigation Survey) #

Article 12(International Convention Survey) #

Article 13(Approval of Drawings) #

Article 14(Preparation for Survey) #

Article 15(Maintenance of State of Ship after Ship Survey) #

Article 16(Term of Validity of Ship Survey Certificate and International Convention Certificate) #

Article 17(Prohibition on Navigation of Ship without Ship Survey Certificate) #

Article 18(Type Approval and Examination) #

Article 18-2(Succession to Status of Persons Who Have Obtained Type Approval) #

Article 19(Revocation of Type Approval) #

Article 19-2(Performance Surveys of Articles for Ship Use) #

Article 20(Designation of Recognized Manufacturing (Maintenance) #

Article 21(Revocation of Designation of Recognized Manufacturing (Maintenance) #

Article 22(Preliminary Inspections) #

Article 23(Type Approval and Inspection of Containers) #

Article 23-2(Succession to Status of Persons Who Have Obtained Container Type Approval) #

Article 23-3(Revocation of Container Type Approval) #

Article 23-4(Performance Surveys of Containers) #

Article 24(Safety Checkup of Containers) #

Article 24-2(Registration of Safety Checkup Business Operators) #

Article 24-3(Cancellation of Approval of, or Approval for Modification of, Safety Checkup Method) #

Article 24-4(Cancellation of Registration and Suspension of Business) #

Article 25(Prohibition of Use of Containers) #

Article 25-2(Establishment and Operation of Computer Networks) #

Article 26(Standards of Ship's Facilities) #

Article 27(Marking of Load Lines) #

Article 28(Maintenance of Stability) #

Article 29(Radio Installations) #

Article 30(Ship Location Transmitters) #

Article 31(Captain's Authority) #

Article 32(Keeping for Nautical Publication) #

Article 33(Securing Visibility of Navigation Bridge) #

Article 34(Confirmation of Cargo Handling Appliances) #

Article 35(Cargo Handling Appliances Survey Record and Keeping on File) #

Article 36(Providing Cargo Information) #

Article 37(Providing Measuring Instruments of Poisonous Gas Concentration) #

Article 38(Safety Measures following Use of Disinfectants) #

Article 39(Method of Loading and Lashing of Cargo) #

Article 40(Transport of Bulk Cargo) #

Article 41(Transportation of Dangerous Articles) #

Article 41-2(Education on Safe Transport of Dangerous Goods) #

Article 42(Enhanced Survey on Oil Tankers) #

Article 43(Towing Surveys for Tugboats) #

Article 44(Prohibition of Use of Highly Inflammable Fuel Oil) #

Article 45 #

Article 46 #

Article 47 #

Article 48 #

Article 49 #

Article 50 #

Article 51 #

Article 52 #

Article 53 #

Article 54 #

Article 55 #

Article 56 #

Article 57 #

Article 58 #

Article 58-2 #

Article 58-3 #

Article 59 #

Article 60(Delegation for Survey Affairs) #

Article 61(Measures According to Frustration of Delegated Affairs) #

Article 62(Supervision on Delegated Affairs) #

Article 63 #

Article 64(Delegation for Container Inspection) #

Article 65(Delegation for Inspection and Approval Related to Dangerous Goods) #

Article 66(Recognition of Surveys Conducted by Foreign Governments) #

Article 67(Liability of Compensation of Survey Agency) #