Article 33(Application for approval of operation of transportation equipment) #
(1) Any person who intends to obtain approval for the operation of transportation equipment pursuant to Article 20(1) of the Act shall file with the Minister of Unification an application for approval of the operation of transportation equipment seven days before the operation, accompanying the documents under the following subparagraphs; provided, the Minister of Unification may have some of the documents under the following subparagraphs omitted, taking into account the kinds, etc. of the transportation equipment:
1. Plans to operate transportation equipment;
2. Copies of certificates of license, permission or registration, issued in accordance with the relevant Acts and subordinate statutes with respect to the transportation equipment;
3. List of crew members of the transportation equipment;
4. Certification proving that the transportation equipment is available to operate, issued by the North Korean authority or any North Korean agency with a competent authority;
5. Temporary operation permission issued pursuant to Article 27 of the Motor Vehicle Management Act;
6. Mandatory insurance policy issued pursuant to Article 9 of the Compulsory Motor Vehicle Liability Security Act;
7. Other necessary documents recognized by the Minister of Unification.
(2) Upon receipt of an application under paragraph (1), the Minister of Unification shall verify the following documents through administrative data matching under Article 36(1) of the Electronic Government Act; provided, where the applicant does not consent to the verification, such applicant shall attach the relevant document: <Amended on Jul. 26, 2022>
1. Where a transportation equipment is a ship: A certificate of the ship's nationality under Article 8 of the Ship Act;
2. Where the transportation equipment is a motor vehicle: A motor vehicle registration certificate under Article 8 of the Motor Vehicle Management Act.
(3) A person who intends to obtain approval for the operation of transportation equipment pursuant to Article 20(1) of the Act shall meet all of the following requirements: <Amended on Jul. 26, 2022>
1. The plan of operation, such as the period, route, and frequency, of the operation of transportation equipment, shall be in conformity with the objectives of operation;
2. If he or she intends to obtain approval for the regular operation of a ship or motor vehicle, he or she shall have a track record of operating the relevant transportation equipment in the relevant sea route or route at least five times within six months from the date of application;
3. Approval for the operation of transportation equipment has not been revoked for reasons prescribed in Article 20(3)1 or 2 of the Act within one year prior to the date of application.
(4) A person who has obtained approval for the operation of transportation equipment pursuant to Article 20(1) of the Act shall, when he or she intends to obtain approval for change in the operation of transportation equipment, file with the Minister of Unification an application for approval of change in the operation of transportation equipment, accompanying the documents under the following subparagraph:
1. Statement specifying the reasons for applying for approval of change in the operation of transportation equipment;
2. Documents evidencing the changes;
3. Other necessary documents recognized by the Minister of Unification.
(5) The Minister of Unification may, when he or she approves the operation of transportation equipment in accordance with Article 20(2) of the Act, add conditions falling under each of the following subparagraphs:
1. Restriction or modification of the purpose, period, route, frequency, etc., of the operation;
2. Submission of the report on the results of the operation of transportation equipment;
3. Others recognized by the Minister of Unification as necessary to facilitate inter-Korean exchange and cooperation and to maintain order.
(6) The Minister of Unification may set an effective period for the operation of transportation equipment in accordance with the classification under the following subparagraphs pursuant to Article 20(2) of the Act. In such cases, the criteria of regularity classified under subparagraphs 1 and 2 shall be prescribed and publicly notified by the Minister of Unification:
1. Where the transportation equipment is operated on a regular basis: Five years or less;
2. Where the transportation equipment is operated on an irregular basis: Two years or less.
(7) The Minister of Unification shall, if it is deemed that the contents applied pursuant to paragraphs (1) and (2) are important, consult with the head of a relevant administrative agency before granting approval.
(8) The Minister of Unification may prescribe and publicly notify necessary matters on the procedures for the application for approval or approval of change of the operation of transportation equipment, in addition to matters prescribed in the provisions of paragraphs (1) through (7).