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WATER-RELATED LEISURE ACTIVITIES SAFETY ACT — 법갈피

영문법령 / WATER-RELATED LEISURE ACTIVITIES SAFETY ACT

WATER-RELATED LEISURE ACTIVITIES SAFETY ACT

법률전부개정시행 2023-06-11해양경찰청,해양경찰청,해양경찰청,해양경찰청 · 제18958호 · 공포 2022-06-10

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to ensure the safety and order of water-related leisure activities and to promote the sound development of the water-related leisure business.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "water-related leisure activities" means activities performed for hobbies, recreation, physical exercise, education, etc. using water leisure craft on the water;

2. The term "rafting" means water-related activities performed by rowing non-power-driven water leisure craft to travel down rapid streams or with the current of a valley or river;

3. The term "water leisure craft" means a boat or craft used for water-related leisure activities, which is classified as power-driven water leisure craft and non-power-driven water leisure craft;

4. The term "power-driven water leisure craft" means a water leisure craft to which a propelling engine is attached or to or from which a propelling engine can be attached or detached at any time; and which is prescribed by Presidential Decree, including a personal watercraft, a motorboat, a rubber boat, and a sailing yacht (referring to a yacht with a sail and an engine installed);

5. The term "non-power-driven water leisure craft" means a water leisure craft prescribed by Presidential Decree, other than a power-driven water leisure craft;

6. The term "water-related" means the surface of seawater and inland waters;

7. The term "surface of seawater" means the flow or surface of the sea;

8. The term "surface of inland waters" means the flow or surface of rivers, dams, lakes, marshes, reservoirs, and any other artificially created freshwater or brackish water.

Article 3(Exclusion from Application) #

(1) This Act shall not apply to the following:

Article 7(Disqualification of Operator Licenses) #

(1) None of the following persons shall obtain an operator license:

1. A person under 14 years of age (in cases of a class 1 operator license, referring to a person under 18 years of age): Provided, That the foregoing shall not apply to persons falling under Article 9 (1) 1;

2. A person prescribed by Presidential Decree who is deemed incapable of doing water-related leisure activities, from among mental patients (referring to mentally ill persons defined in subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients; hereinafter the same shall apply);

3. A person prescribed by Presidential Decree who is deemed incapable of doing water-related leisure activities, from among addicts of narcotic drugs, psychotropic substances, or cannabis (referring to narcotic drugs, psychotropic substances, or cannabis as defined in subparagraphs 2 through 4 of Article 2 of the Narcotics Control Act; hereinafter the same shall apply);

4. A person for whom one year has not elapsed from the date his or her operator license was revoked under Article 17 (1);

5. A person who operated a power-driven water leisure craft without an operator license in violation of the main clause, with the exception of the subparagraphs, of Article 25 and for whom one year (or four years for a person who has killed or injured another person and fled the scene without taking necessary measures, such as rescue) has not passed from the date such violation was committed.

(2) The head of an agency prescribed by Presidential Decree, among agencies holding personal information, shall notify the Commissioner of the Korea Coast Guard of personal information related to grounds for disqualification of an operator license.

(3) The content of personal information to be notified to the Commissioner of the Korea Coast Guard and the methods of notification of the content as prescribed in paragraph (2) and other matters necessary for such notification shall be prescribed by Presidential Decree.

Article 9(Exemption from License Examinations) #

(1) The Commissioner of the Korea Coast Guard may exempt any of the following persons from all or some of the subjects of license examinations: Provided, That all subjects of license examinations (limited to a class 2 operator license and a yachting license) shall be exempted in cases falling under subparagraph 5:

1. A person registered as a power-driven water leisure craft player with a sports organization prescribed by Presidential Decree;

2. A person who satisfies all of the following requirements:

(a) That he or she graduated from an academic department relating to power-driven water leisure craft prescribed by Presidential Decree at a school defined in Article 2 of the Higher Education Act (including where he or she is deemed to have an academic background equivalent thereto pursuant to statutes or regulations);

(b) That he or she has completed courses of power-driven water leisure craft relating to the relevant license;

3. A person who holds a license prescribed by Presidential Decree, among the licenses of certificated officers classified in Article 4 (2) of the Ship Officers Act;

4. A person who has at least one-year experience in education and training for the use, etc. of power-driven water leisure craft at the Sea Explorers of Korea under the Act on the Support for Sea Explorers of Korea or a sports organization under subparagraph 11 of Article 2 of the National Sports Promotion Act and has received recommendation from the head of such organization;

5. A person who has completed educational courses at an institution or organization designated and publicly notified by the Commissioner of the Korea Coast Guard (hereinafter referred to as “license examination-exempt educational institution”);

6. A person who has passed a written examination of class 1 operator license and intends to apply for a practical examination of class 2 operator license after changing the class of examination.

(2) Matters necessary for the criteria, etc. for exemption from examinations under paragraph (1) shall be prescribed by Presidential Decree.

(3) A license examination-exempt educational institution shall operate education curricula necessary for providing education on class 2 operator license and yachting license and shall meet the requirements for personnel, equipment, facilities, etc.

(4) Matters necessary for the operation of educational curricula of license examination-exempt educational institutions; standards for designation in terms of personnel, equipment, and facilities, etc.; procedures for designation; and other relevant matters shall be prescribed by Presidential Decree.

(5) Matters to be observed by employees of license examination-exempt educational institutions and other matters necessary for the issuance, etc. of operator license certificates for power-driven water leisure craft to the persons exempted from license examinations shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Article 17(Revocation or Suspension of Operator Licenses) #

(1) Where an operator license holder falls under any of the following cases, the Commissioner of the Korea Coast Guard may revoke the operator license or suspend the validity of such license for a specified period up to one year as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the operator license shall be revoked in cases falling under subparagraphs 1, 2, and 4 through 6:

1. Where the license holder has obtained his or her operator license by fraud or other improper means;

2. Where the license holder operates a power-driven water leisure craft during the period of suspension of his or her operator license;

3. Where the license holder commits a crime prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as murder or robbery, by using a power-driven water leisure craft;

4. Where the license holder becomes ineligible to obtain an operator license under Article 7 (1) 2 or 3;

5. Where the license holder has been ineligible to obtain an operator license under Article 7 (1) but has obtained the license;

6. Where the license holder refuses to take a sobriety test by a relevant public official, although he or she operates a power-driven water leisure craft while intoxicated or there exists a reasonable ground to believe that he or she is in a state of intoxication, in violation of Article 27 (1) or (2);

7. Where the license holder kills or injures any person or inflicts material damage on another person's property intentionally or by negligence while operating a craft;

8. Where the license holder lends his or her license certificate to another person for operating a craft;

9. Where the license holder operates a power-driven water leisure craft in a state that he or she might not be able to normally operate such craft due to the influence of drugs, in violation of Article 28;

10. Where the license holder violates this Act or an order issued for the safety and maintenance of order of water-related leisure activities under this Act.

(2) A person whose operator license was revoked or suspended as prescribed in paragraph (1) shall return his or her license certificate to the Commissioner of the Korea Coast Guard within seven days from the date such operator license was revoked or suspended.

Article 18(Agent Service for License Examinations) #

(1) The Commissioner of the Korea Coast Guard may authorize an agency or organization designated by the Commissioner of the Korea Coast Guard (hereinafter referred to as "examination agency") to act as his or her agent for conducting all or some of the business affairs related to license examinations.

(2) Where an examination agency falls under any of the following cases, the Commissioner of the Korea Coast Guard may revoke the designation of the examination agency or may order it to suspend its business operations for a specified period not exceeding six months: Provided, That the Commissioner must revoke the designation of such examination agency in cases falling under subparagraph 1 or 2:

1. Where the agency has been designated by fraud or other improper means;

2. Where the head, management director, or an employee of the agency commits an illegal act in connection with a license examination (including where such person has ordered or ignored an illegal act);

3. Where the agency ceases to satisfy the standards for designation under paragraph (5);

4. Where any event impeding this Act or agent services involving license examinations under this Act takes place.

(3) An examination agency shall report on agent services involving license examinations as described in paragraph (1) to the Commissioner of the Korea Coast Guard.

(4) The Commissioner of the Korea Coast Guard shall ascertain the details regarding the agent services involving license examinations reported under paragraph (3) and may take necessary measures if he or she finds a violation of this Act or an order issued under this Act.

(5) Agent services involving the duties of conducting license examinations and standards for the designation of examination agencies under paragraph (1), procedures for revocation or suspension of designation under paragraph (2), reporting under paragraph (3), supervision over examination agencies under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree.

Article 34(Establishment of Korea Aqua-Leisure Safety Association) #

(1) A Korea Aqua-Leisure Safety Association (hereinafter referred to as the "Association") may be established to conduct research and development of safety management of water-related leisure activities, public relations, education and training, and other affairs entrusted by the Commissioner of the Korea Coast Guard and other administrative agencies; to promote the sound development of the water-related leisure industry; and to empower persons engaging in the water-related leisure business to better conduct safety management.

(2) The Association shall be a corporation.

(3) The Association shall perform the following services:

1. Research on the promotion of water-related leisure safety and the water-related leisure industry;

2. Research on the development of the operator license examination management system and the water leisure craft registration system;

3. Agent services for operator license examinations and for the registration, safety inspections, and safety examinations of water leisure craft;

4. Rescue training and water-related safety education for water-related leisure business entities and users of water leisure craft, etc.; and development of related equipment and educational materials;

5. Affairs entrusted by the State or a local government under this Act or other statutes or regulations;

6. Other services deemed necessary by the Commissioner of the Korea Coast Guard.

(4) If deemed necessary, the Commissioner of the Korea Coast Guard may provide financial support to the Association, within the budget, to help it efficiently perform the services under paragraph (3).

(5) Matters relating to the articles of incorporation, affairs, and supervision of the Association, eligibility of its members, etc. shall be prescribed by Presidential Decree.

(6) Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association.

Article 37(Registration of Water-Related Leisure Business) #

(1) A person who intends to engage in the business of renting water leisure craft or transporting persons doing water-related leisure activities in water leisure craft (hereinafter referred to as "water-related leisure business") shall file for registration of matters relating to permission for occupancy or use of rivers or other public waters with the persons classified as follows; in such cases, registration standards may be relaxed for a water-related leisure business entity that intends to engage in the business of renting water leisure craft, as prescribed by Ordinance of the Ministry of Oceans and Fisheries:

1. Where the business area is the surface of seawater: The chief of a coast guard station having jurisdiction over the relevant area;

2. Where the business area is the surface of inland waters: The head of a Si/Gun/Gu having jurisdiction over the relevant area;

3. Where the business area is stretching over jurisdictions of two or more chiefs of coast guard stations or heads of Sis/Guns/Gus: The chief of a coast guard station or the head of a Si/Gun/Gu having jurisdiction over the place where a water leisure craft used for water-related leisure business is mainly moored.

(2) If any registered matter is changed, the relevant water-related leisure business entity that has filed for registration under paragraph (1) shall file for registration of change to the registered matters, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(3) Upon receipt of an application for registration or for registration of change to the registered matters filed under paragraph (1) or (2), the chief of a coast guard station or the head of a Si/Gun/Gu shall consult the chiefs of other coast guard stations or the heads of other Sis/Guns/Gus having jurisdiction over the relevant business area before granting such registration.

(4) Matters necessary for the registration, etc. of water-related leisure business, such as standards and procedures for registration and adjustment of business areas under paragraph (1), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Article 44(Measures to Be Taken by Business Entities, Such as Safety Examinations) #

(1) A water-related leisure business entity and his or her employees shall take the following measures to ensure safe water-related leisure activities:

1. To examine the safety of water leisure craft and water-related leisure facilities;

2. To monitor weather and water conditions in the business area;

3. In case of an accident occurring in the business area, to take relief measures and to notify the accident to a relevant administrative agency, such as a coast guard agency, a police agency, and a fire agency;

4. To ensure users to wear safety equipment and to provide users with safety education before boarding;

5. To assign a life guard or a rafting guide to the business place or to have such staff on board;

6. To have an emergency rescue boat (referring to a power-driven water leisure craft used for patrolling the place of business of water-related leisure business and its business area and for conducting rescue operations: hereafter in this Article, the same shall apply).

(2) A water-related leisure business and his or her employees shall perform none of the following acts in the business area:

1. Permitting a person below 14 years of age (limited to a person not accompanied by a guardian), an intoxicated person, or a mentally ill person to board a water leisure craft or lending a water leisure craft to such person;

2. Permitting a person to board a water leisure craft in excess of the capacity;

3. Selling or treating alcoholic beverages in water leisure craft or allowing users of water leisure craft to bring alcoholic beverages in water leisure craft;

4. Engaging in business outside of the business area;

5. Engaging in business during the hours other than those set for water-related leisure activities under Article 26;

6. Bringing dangerous goods, such as explosives and inflammables prescribed by Presidential Decree, in a water leisure craft on which a user is boarding, or transporting such goods by such craft;

7. Using a power-driven water leisure craft that has failed to undergo a safety inspection under Article 15 of Act on the Registration and Inspection of Water Leisure Craft, for business;

8. Using an emergency rescue boat for any purpose other than its intended purpose.

(3) The qualifications and assignment standards for life guards and rafting guides under paragraph (1) 5, matters necessary for having emergency rescue boats under paragraph (1) 6, and other relevant matters shall be prescribed by Presidential Decree.

Article 64(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding one million won:

1. A person who fails to receive education in violation of Article 19 (1);

2. A person who does water-related leisure activities during the hours other than those set for water-related leisure activities under Article 26 (1) and (2);

3. A person who operates a water-related leisure craft in excess of its capacity, in violation of Article 29;

4. A person who does water-related leisure activities in a prohibited zone for water-related leisure activities, in violation of Article 30 (2);

5. A water-related leisure business entity who fails to file a report on the temporary or permanent closure or resumption of business operations, in violation of Article 41 (1) and (2);

6. A water-related leisure business entity who receives money and valuables other than usage fees reported under Article 42 or fails to post a notice of reported matters;

7. A water-related leisure business entity or his or her employee who violates the matters to be observed by each business entity, etc. operating a water leisure craft not subject to registration under Article 45;

8. A water-related leisure business entity who fails to submit documents or materials under Article 47 or submits false documents or materials;

9. A person who fails to subscribe to insurance, etc., in violation of Article 49 (2);

10. A water-related leisure business entity who fails to notify information on the subscription to an insurance, etc. or notifies false information, in violation of Article 50, without good cause;

11. An insurance company, etc. that fails to give notification, in violation of Article 53 (1).

(2) Any of the following persons shall be subject to an administrative fine not exceeding 500,000 won:

1. A person who fails to return his or her license certificate, in violation of Article 17 (2);

2. A person who fails to wear life safety equipment, in violation of Article 20;

3. A person who fails to observe navigation rules, etc., in violation of Article 21;

4. A person who does water-related leisure activities in an area where water-related leisure activities are restricted due to weather conditions, in violation of Article 22;

5. A person fails to file a report on long-distance water-related leisure activities, in violation of Article 23 (1);

6. A person who does water-related leisure activities at a place 10 nautical miles or more from the port of departure with a water leisure craft not subject to registration, in violation of Article 23 (2);

7. A person who fails to file a report on an accident, in violation of Article 24 (1);

8. A person who fails to comply with a corrective order issued under Article 31;

9. A person who refuses to comply with an order issued under Article 32, to stop the relevant water leisure craft, or to present his or her license certificate or ID card;

10. A person who fails to subscribe to insurance, etc. in violation of Article 49 (1).

(3) Administrative fines under paragraphs (1) and (2) shall, as prescribed by Presidential Decree, be imposed and collected by the Commissioner of the Korea Coast Guard, the commander of a regional coast guard, or the chief of a coast guard station in cases of the surface of seawater and by the head of a Si/Gun/Gu in cases of the surface of inland waters, respectively.

(4) Matters relating to the imposition and collection of administrative fines under paragraphs (1) and (2) and the procedures for litigation and execution, etc. shall be governed by the Act on the Regulation of Violations of Public Order.

WATER-RELATED LEISURE ACTIVITIES SAFETY ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Exclusion from Application) #

Article 4(Formulation of Master Plans for Water-Related Leisure Safety Management) #

Article 5(Operator Licenses) #

Article 6(Special Cases concerning Operator Licenses for Foreigners) #

Article 7(Disqualification of Operator Licenses) #

Article 8(License Examinations) #

Article 9(Exemption from License Examinations) #

Article 10(Revocation of Designation of License Examination-Exempt Educational Institutions) #

Article 11(Sanctions against Cheaters) #

Article 12(Renewal of Operator License Certificates) #

Article 13(Water-Related Safety Education) #

Article 14(Revocation of Designation of Agencies Entrusted with Safety Education) #

Article 15(Issuance of License Certificates) #

Article 16(Duty to Carry License Certificate) #

Article 17(Revocation or Suspension of Operator Licenses) #

Article 18(Agent Service for License Examinations) #

Article 19(Education of Employees) #

Article 20(Wearing Safety Equipment) #

Article 21(Observation of Navigation Rules) #

Article 22(Restriction on Water-Related Leisure Activities Due to Weather Conditions) #

Article 23(Reporting on Long-Distance Water-Related Leisure Activities) #

Article 24(Reporting on Accidents) #

Article 25(Prohibition of Unlicensed Operation) #

Article 26(Prohibition of Water-Related Leisure Activities at Night) #

Article 27(Prohibition of Operation While Intoxicated) #

Article 28(Prohibition of Operation under Influence of Drugs) #

Article 29(Prohibition of Carrying Persons in Excess of Capacity) #

Article 30(Designation of Prohibited Zones for Water-Related Leisure Activities) #

Article 31(Corrective Orders) #

Article 32(Temporary Stoppage and Identification Check) #

Article 33(Cooperation of Related Administrative Agencies) #

Article 34(Establishment of Korea Aqua-Leisure Safety Association) #

Article 35(Operation of Water-Related Leisure Activity Safety Council) #

Article 36(Establishment and Operation of Data Processing System) #

Article 37(Registration of Water-Related Leisure Business) #

Article 38(Effective Period of Business Registration) #

Article 39(Grounds for Disqualification from Filing for Registration of Water-Related Leisure Business) #

Article 40(Succession to Rights and Obligations) #

Article 41(Reporting on Temporary Closure of Business) #

Article 42(Usage Fees) #

Article 43(Safety Examinations) #

Article 44(Measures to Be Taken by Business Entities, Such as Safety Examinations) #

Article 45(Matters to Be Observed by Business Entities Operating Water Leisure Craft, Not Subject to Registration) #

Article 46(Restrictions on Business Operations) #

Article 47(Submission of Materials) #

Article 48(Revocation of Registration of Water-Related Leisure Business) #

Article 49(Subscription to Insurance) #

Article 50(Provision of Information on Subscription to Insurance) #

Article 51(Request for Information on Subscription to Insurance) #

Article 52(Establishment and Operation of Computer Network for Insurance Subscription Management) #

Article 53(Measures against Persons Who Fail to Subscribe to Mandatory Insurance) #

Article 54(Prohibition of Imposition of Dispositions, Such as Registration, on Persons Who Fail to Subscribe to Mandatory Insurance) #

Article 55(Entrustment of Authority) #

Article 56(Penalty Surcharges) #

Article 57(Fees) #

Article 58(Hearings) #

Article 59(Delegation of Authority) #

Article 60(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

Article 61(Penalty Provisions) #

Article 62(Penalty Provisions) #

Article 63(Joint Penalty Provisions) #

Article 64(Administrative Fines) #