Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters delegated by the Ship Act and matters necessary for the implementation thereof.
[This Article Wholly Amended by Presidential Decree No. 20590, Jan. 31, 2008]
Article 2(Port of Registry) #
(1) The port of registry prescribed in Article 7 (1) of the Ship Act (hereinafter referred to as the "Act") shall be named after the relevant Si/Eup/Myeon.
(2) In order to be a port of registry, a Si/Eup/Myeon shall be adjacent to waters navigable by ships.
(3) The port of registry shall be determined by the domicile of the owner of the relevant ship: Provided, That a Si/Eup/Myeon that is not a shipowner's domicile may be designated as the port of registry in any of the following cases: <Amended by Presidential Decree No. 26922, Jan. 22, 2016>
1. Where a shipowner not domiciled in the Republic of Korea intends to designate a place in the Republic of Korea as the port of registry;
2. Where a shipowner's domicile is in a Si/Eup/Myeon away from waters navigable by ships;
3. Where a shipowner intends to designate an open port already designated as a special zone for ship registration pursuant to Article 443 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, as the port of registry pursuant to paragraph (2) of said Article;
4. In any extenuating circumstance to designate any Si/Eup/Myeon, other than the Si/Eup/Myeon to which a shipowner's domicile belongs, as the port of registry.
[This Article Wholly Amended by Presidential Decree No. 22195, Jun. 10, 2010]
Article 2-2(Registration of Seizure of Small Ships) #
Upon receipt of a request to register the seizure of a small ship prescribed in Article 8-3 of the Act, the administrator of a regional office of oceans and fisheries (including the head of a district office of oceans and fisheries affiliated with the relevant regional office of oceans and fisheries; hereinafter referred to as the "administrator of a regional office") shall record the seizure in the ship register and shall notify the shipowner of such registration without delay. <Amended by Act No. 29795, May 28, 2019>
[This Article Wholly Amended by Presidential Decree No. 22195, Jun. 10, 2010]
Article 3(Hoisting of National Flag and Exemption from Keeping Certificate of Vessel's Nationality, etc.) #
(1) Cases where a ship is permitted to hoist the national flag of the Republic of Korea, without keeping a certificate of vessel's nationality or a certificate of vessel’s nationality (provisional) in the ship, under the proviso to Article 10 of the Act are as follows:
1. A national holiday or any other day on which a national event is held: Provided, That hoisting the national flag on a national holiday of a foreign country is permitted only when a ship is anchored in the foreign country;
2. When a ship offers congratulations or condolences in any case other than those referred to in subparagraph 1;
3. Where a ship is a barge defined by Article 1-2 (1) 3 of the Act;
4. Where any other good ground exists.
(2) Cases where a ship is permitted to sail without keeping a certificate of vessel's nationality or a certificate of vessel’s nationality (provisional) in the ship, under the proviso to Article 10 of the Act, are as follows:
1. Where it is intended to operate a ship for sea trial;
2. Where it is intended to measure the gross tonnage of a ship;
3. Where a ship is a barge defined by Article 1-2 (1) 3 of the Act;
4. Where any other good ground exists.
[This Article Wholly Amended by Presidential Decree No. 22195, Jun. 10, 2010]
Article 4 #
Deleted. <by Presidential Decree No. 20590, Jan. 31, 2008>
Article 5 #
Deleted. <by Presidential Decree No. 20590, Jan. 31, 2008>
Article 6 #
Deleted. <by Presidential Decree No. 16573, Oct. 11, 1999>
Article 7 #
Deleted. <by Presidential Decree No. 16573, Oct. 11, 1999>
Article 8 #
Deleted. <by Presidential Decree No. 16573, Oct. 11, 1999>
Article 9 #
Deleted. <by Presidential Decree No. 16573, Oct. 11, 1999>
Article 10 #
Deleted. <by Presidential Decree No. 20590, Jan. 31, 2008>
Article 11 #
Deleted. <by Presidential Decree No. 20590, Jan. 31, 2008>
Article 11-2(Consultation, etc. on Agency Duties) #
(1) Where the Minister of Oceans and Fisheries or the administrator of a regional office intends to require the Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act (hereinafter referred to as the "Authority") or the classification society under Article 60 (2) of the Ship Safety Act (hereinafter referred to as the "classification society") to vicariously perform duties pursuant to Article 29-2 (1) of the Act, he/she shall determine the scope of such duties and consult with the Authority or the classification society thereon. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 29795, May 28, 2019>
(2) When the Minister of Oceans and Fisheries or the administrator of a regional office requires the Authority or the classification society to perform duties on his or her behalf, as prescribed in paragraph (1) or revokes the agency performance, he/she shall give public notice of such fact. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(3) Matters necessary for the method of verifying how agency duties have been performed by the Authority or the classification society, shall be prescribed by the Minister of Oceans and Fisheries or the administrator of each regional office. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22195, Jun. 10, 2010]
Article 12(Delegation of Authority) #
Pursuant to Article 31 of the Act, the Minister of Oceans and Fisheries shall delegate his/her authority over the following matters to the administrator of each regional office: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 29795, May 28, 2019>
1. Permitting non-Korean ships to call at closed ports or to transport passengers or cargo between domestic ports under the proviso to Article 6 of the Act;
2. Measuring international gross tonnages or net tonnages and issuing international tonnage certificates or tonnage certificates under Article 13 of the Act;
3. Taking measures regarding agency performance, receiving reports on duties related to such measures and agency duties, verifying details of agency duties performed, and taking measures necessary therefor under Article 29-2 of the Act;
4. Imposing and collecting administrative fines prescribed in Article 35 of the Act.
[This Article Wholly Amended by Presidential Decree No. 22195, Jun. 10, 2010]
Article 12-2(Processing of Personally Identifiable Information) #
The administrator of a regional office shall process materials containing resident registration numbers prescribed in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if unavoidable to perform the following affairs:
1. Affairs concerning registration of ships in accordance with Article 8 of the Act;
2. Affairs concerning registration of modification (limited to registration of modification of port of registry) in accordance with Article 18 of the Act;
3. Affairs concerning de-registration in accordance with Article 22 of the Act.
[This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
Article 13(Guidelines for Imposition of Administrative Fines) #
The guidelines for the imposition of administrative fines prescribed in Article 35 (1) and (2) of the Act, are as prescribed in the attached Table.
[This Article Wholly Amended by Presidential Decree No. 22829, Apr. 4, 2011]