Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters mandated by the Oil Pipeline Safety Control Act and matters necessary for the enforcement thereof.
Article 2(Facilities excluded from oil pipelines) #
(1) “Facilities prescribed by Presidential Decree” in subparagraph 2 of Article 2 of the Oil Pipeline Safety Control Act (hereinafter referred to as the "Act") means the following: <Amended on Jun. 30, 2003; Dec. 1, 2005; Sep. 9, 2009; Dec. 14, 2009; Mar. 29, 2017>
1. Petroleum transportation facilities installed in harbor areas under subparagraph 4 of Article 2 of the Harbor Act;
2. Aircraft refueling facilities under subparagraph 3 of Article 2 of the Airport Facilities Act;
3. Refueling facilities for fishing vessels installed on the sea and land within the fishery harbor district under subparagraph 4 of Article 2 of the Fishing Villages and Fishery Harbors Act;
4. Petroleum loading and unloading facilities installed within railroad sites under Article 78 of the Railroad Act and rolling stock refueling facilities installed in connection with the relevant facilities;
5. Refueling facilities for supplying petroleum, a raw material for industrial use, installed in industrial complexes under subparagraph 7 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;
6. Refueling facilities installed in places of business such as oil reservoirs, petroleum storage bases, factories, etc.;
7. Petroleum transportation facilities or refueling facilities connected from refineries and oil storage stations to petroleum storage bases, oil reservoirs, power plants, factories, etc. in neighboring areas, the length of which is less than 15 kilometers.
(2) Where petroleum transportation facilities or refueling facilities referred to in paragraph (1) 1 through 6 are connected from an area, site, complex or place of business under that subparagraph to an external area thereof, the length of which is not less than 15 kilometers, they shall be deemed oil pipelines, notwithstanding paragraph (1).
Article 3(Review of construction plans and safety management regulations) #
(1) In granting authorization or modification authorization for oil pipeline installation works pursuant to the main clause of Article 3 (1) or (3) of the Act, the Minister of Trade, Industry and Energy may require the Korea Gas Safety Corporation established under Article 28 of the High-Pressure Gas Safety Control Act (hereinafter referred to as the "Corporation") to review whether the relevant plan conforms to the technical standards under Article 3 (2) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) In granting authorization or modification authorization under Article 6 (1) of the Act, the Minister of Trade, Industry and Energy may require the Corporation to review whether the relevant safety management regulations are suitable for the safety control of oil pipelines. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 4(Qualifications for safety managers) #
(1) Safety managers referred to in Article 7 (1) of the Act shall be classified into a safety supervisor, a senior safety officer, and a safety officer.
(2) A safety supervisor shall serve as the chief supervisor who directly operates and manages places of business or oil pipeline facilities.
(3) A senior safety officer shall assist the safety supervisor to manage technical matters concerning the safety of oil pipelines, and direct and supervise a safety officer, who shall perform safety management-related duties under the direction of the senior safety officer.
(4) The number of hires and technical qualifications for safety managers shall be as specified in Appendix 1.
Article 5(Scope of duties of safety managers) #
(1) Safety managers shall faithfully perform the following safety management duties:
1. Maintaining the safety of oil pipeline facilities;
2. Enforcement of safety management regulations under Article 6 of the Act;
3. Safety management for workers in places of business;
4. Other precautionary measures to prevent danger.
(2) Where a safety manager falls under any subparagraph of Article 7 (4) of the Act, a person who has appointed such safety manager pursuant to paragraph (1) of that Article shall designate an agent to act on his or her behalf during the period as classified below:
1. In cases falling under Article 7 (4) 1 of the Act: A period of up to 30 days during which he or she is unable to perform his or her duties;
2. In cases falling under Article 7 (4) 2 of the Act: The period until another safety manager is appointed.
(3) Where an agent is to perform the duties of a safety manager pursuant to Article 7 (4) of the Act and paragraph (2) of this Article, a person classified as follows shall be required to perform such duties on his or her behalf:
1. Acting on behalf of a safety supervisor: A senior safety officer;
2. Acting on behalf of a senior safety officer: A safety officer;
3. Acting on behalf of a safety officer: A person who has knowledge of oil pipeline safety management, from among those who engage in oil pipelines-related business for the relevant oil pipeline facilities or places of business.
[This Article Wholly Amended on Jun. 27, 2017]
Article 6(Reporting) #
(1) Where an oil pipeline installer, an oil pipeline manager (hereinafter referred to as "oil pipeline installer, etc.") or an employee thereof violates the obligation to comply with the safety management regulations under Article 6 (2) of the Act or fails to fulfill the obligation to appoint safety managers and report such appointment under Article 7 (2) and (3) of the Act in the course of performing the business affairs entrusted to the Corporation under Article 11 (2) 3 and 4 of the Act, the Corporation shall report the fact to the Minister of Trade, Industry and Energy without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) Where the Corporation is entrusted with business affairs pursuant to Article 11 (2) of the Act, it shall report the results of handling the relevant business affairs to the Minister of Trade, Industry and Energy on a semi-annual basis. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 7(Procedures for imposition and collection of administrative fines) #
(1) When an administrative fine is imposed pursuant to Article 17 (2) of the Act, the person subject to the disposition of such administrative fine shall be notified, in writing, of the fact of violation, the amount of the administrative fine, etc. after investigation and confirmation of the relevant violation.
(2) When intending to impose an administrative fine pursuant to paragraph (1), the Minister of Trade, Industry and Energy shall give the person subject to the disposition of an administrative fine an opportunity to state his or her opinion orally or in writing (including electronic documents) within a specified period of at least 10 days. In such cases, if he or she fails to state any opinion by such date, he or she shall be deemed to have no opinion. <Amended on Mar. 17, 2004; Feb. 29, 2008; Mar. 23, 2013>
(3) In determining the amount of an administrative fine, the Minister of Trade, Industry and Energy shall take into account the motive for the relevant violation, the results thereof, etc., and the criteria for imposition thereof shall be as specified in Appendix 2. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Procedures for collecting administrative fines shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>