ENFORCEMENT DECREE OF THE EXCURSION SHIP AND FERRY BUSINESS ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters delegated by the Excursion Ship and Ferry Business Act and matters necessary for the enforcement thereof.

[This Article Wholly Amended on Jun. 29, 2012]

Article 2(Neck of Sea) #

"Neck of sea prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Excursion Ship and Ferry Business Act (hereinafter referred to as "Act") means any of the following sea areas: <Amended on Dec. 3, 2019>

1. A sea area formed in the form of an estuary where inland waters meet sea waters, or a gulf connecting the coast to the coast;

2. A sea area where the distance on sea between mainland and an island or between two islands is relatively short, and passenger vessels under the Marine Transportation Act do not ply (including a sea area between an island where a passenger vessel plies and another island where a passenger vessel does not ply).

[This Article Wholly Amended on Jun. 29, 2012]

Article 3(Classification of Business Requiring Licenses or Reports) #

(1) Excursion ship business and ferry business (hereinafter referred to as "excursion ship/ferry business") requiring a license pursuant to Article 3 (1) of the Act shall be excursion ship/ferry business which has the following excursion ships or ferries (hereinafter referred to as "excursion ship/ferry") or the following business territories:

1. A vessel, the gross tonnage of which is at least five tons;

2. A vessel, the seating capacity of which is at least 13, from among vessels with gross tonnage of less than five tons;

3. The business territory of excursion ship/ferry business which is at least two nautical miles.

(2) Excursion ship/ferry business requiring a report pursuant to Article 3 (1) of the Act shall be excursion ship/ferry business that does not fall under paragraph (1).

[This Article Wholly Amended on Jun. 29, 2012]

Article 4(Applications for Business Licenses and Reporting on Business) #

Each person who intends to engage in excursion ship/ferry business pursuant to Article 3 (1) of the Act shall be equipped with vessels, facilities, equipment and human resources meeting the standards provided for in Article 5 and apply for a license, or file a report thereon, to the competent authority according to the classifications in the subparagraphs of Article 3 (1) of the Act (hereinafter referred to as "competent authority"), as prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 29, 2012]

Article 4-2(Notification of Issuance of Licenses and Acceptance of Reports) #

"Other relevant agencies prescribed by Presidential Decree" in Article 3 (5) of the Act means: <Amended on Sep. 28, 2018>

1. An environmental local government agency;

2. An Army or a Navy unit in the size of a division or larger.

[This Article Wholly Amended on Jan. 22, 2016]

Article 4-3(Period for Presenting Opinions to Engage in Tourist Business Deemed Registered) #

"Period prescribed by Presidential Decree" in Article 3-2 (2) of the Act means five days from receipt of a request for consultation.

[This Article Newly Inserted on Jan. 22, 2016]

Article 5(Standards for Facilities) #

(1) The standards for vessels, facilities, equipment, and human resources for excursion ship business under Article 4 of the Act shall be as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. Standards for vessels: To have vessels meeting the standards for vessel facilities prescribed under Article 26 of the Ship Safety Act: Provided, That vessels not subject to the Ship Safety Act shall pass a safety inspection conducted under Article 12;

2. Standards for facilities, equipment, and human resources: To meet the following standards:

(a) To have lifesaving equipment and facilities meeting the standards prescribed under Article 17;

(b) To post crew members in compliance with the Ship Personnel Act: Provided, That where the Ship Personnel Act is not applicable, crew members meeting the standards prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries shall be posted;

(c) To post lifesaving staff prescribed under Article 20.

(2) The standards for vessels, facilities, equipment and human resources for ferry business under Article 4 of the Act shall be as follows:

1. Standards for vessels: To have vessels referred to in paragraph (1) 1;

2. Standards for facilities, equipment, and human resources: To meet the following standards:

(a) To have lifesaving equipment and facilities meeting the standards prescribed under Article 18;

(b) To post crew members referred to in paragraph (1) 2 (b);

(c) To post lifesaving staff prescribed under Article 20.

[This Article Wholly Amended on Jun. 29, 2012]

Article 6(Age Standards of Excursion Ships or Ferries) #

"Criteria prescribed by Presidential Decree" in Article 4-2 (1) 1 of the Act means the age standards of excursion ships or ferries as stipulated in attached Table 1.

[This Article Newly Inserted on Feb. 3, 2016]

Article 7(Business Territories) #

(1) The business territory of an excursion ship/ferry under Article 8 (1) of the Act shall be as follows:

1. In the case of an excursion ship/ferry to which the Ship Safety Act applies, it shall be within an area or distance designated by a competent authority within the navigational area determined at the time the exclusion ship/ferry is inspected;

2. In the case of an excursion ship/ferry to which the Ship Safety Act does not apply, it shall be within an area or distance determined at the time a safety inspection is conducted pursuant to Article 13.

(2) Where a port of call is designated within the business territory of an excursion ship/ferry as prescribed in the subparagraphs of paragraph (1), the following requirements shall be met: <Amended on Jan. 22, 2016>

1. That the goodwill of an operator of marine passenger transportation business under the Marine Transportation Act is unlikely to be infringed upon due to such port of call;

2. That such port of call is unlikely to be used for transporting passengers, or passengers and articles in the case of excursion ship business.

[This Article Wholly Amended on Jun. 29, 2012]

Article 8(Facilities and Equipment Necessary for Safe Sailing at Night) #

A person issued a license to engage in the excursion/ferry business or whose report to engage in such business has accepted (hereinafter referred to as "excursion/ferry business operator") shall equip an excursion ship, a ferry, and a wharf with the following facilities and equipment in order to provide excursion or ferry service even before 30 minutes prior to sunrise or beyond 30 minutes after sunset pursuant to the proviso to Article 8 (2) of the Act: <Amended on Jan. 5, 2021>

1. The excursion ship and the ferry shall be equipped with the following:

(a) At least one electric light;

(b) At least one self-igniting light;

(c) Life jackets with a light in a number equal to its seating capacity;

2. The excursion ship wharf and the ferry wharf (hereinafter referred to as "excursion ship/ferry wharf") shall be equipped with the following:

(a) At least one self-igniting light;

(b) Lighting fixtures with the illuminance of at least 100 lux on the boarding and landing platforms.

[This Article Wholly Amended on Jan. 22, 2016]

Article 9(Ranges of Sea Surface Permitted for Sailing when Severe Weather Alerts are Issued) #

(1) “Ranges prescribed by Presidential Decree” in Article 8 (5) of the Act means the ranges of the sea surface permitted for sailing when severe weather alerts are issued, as provided for in attached Table 2. <Amended on Feb. 3, 2016; Jul. 6, 2016>

(2) “Severe weather alerts prescribed by Presidential Decree” in Article 8 (5) of the Act means marine severe weather alerts (limited to warnings) under Article 9 (4) of the Enforcement Decree of the Weather Act (excluding subparagraph 1 of that paragraph). <Amended on Feb. 6, 2024>

[This Article Newly Inserted on Jan. 22, 2016]

[Title Amended on Jul. 6, 2016]

Article 10(Small Excursion Ships/Ferries) #

"A　small excursion ship prescribed by Presidential Decree" in Article 12 (4) of the Act and "a small ferry prescribed by Presidential Decree" in Article 16 (4) of the Act mean a vessel, from among vessels of the gross tonnage of less than five tons designated by a competent authority as it deems those on board such vessel, such as passengers, need to wear life jackets, in consideration of the depth and force of waters, sailing distance, etc. of the relevant business territory.

[This Article Wholly Amended on Jun. 29, 2012]

Article 11(Selling, Carrying, etc. of Liquor) #

"Excursion ships determined by Presidential Decree" in the proviso to Article 12 (5) 6 and "ferries determined by Presidential Decree" in the proviso to Article 18 (1) 4 of the Act mean vessels of at least 24 meters in length and at least 50 gross tonnage.

[This Article Wholly Amended on Jun. 29, 2012]

Article 11-2(Hazardous Substances, such as Explosives, Inflammables, etc.) #

"Explosives, inflammables, and other hazardous substances determined by Presidential Decree" in Articles 12 (5) 9 and 18 (2) 3 of the Act means explosives, such as smokeless powder, blasting powder, or ammunition, and high pressure gas, and inflammable liquids prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 29, 2012]

Article 12(Safety Inspections) #

(1) Each person who intends to engage in excursion ship/ferry business shall undergo a safety inspection under Article 20 (1) of the Act (hereinafter referred to as "safety inspection") when he/she applies for a license or files a report on business pursuant to Article 4.

(2) The Minister of the Interior and Safety shall review the appropriateness of the following, every three years commencing from the following base dates (meaning before the third anniversary of the base date), and shall take measures, such as improvement: <Amended on Dec. 30, 2016; Jul. 26, 2017>

(3) Each excursion ship/ferry business operator shall regularly undergo a safety inspection on a yearly basis within 30 days after the term of validity of an inspection under paragraph (1) or (2) expires. <Amended on Dec. 30, 2016>

(4) When an excursion ship/ferry business operator intends to undergo a safety inspection pursuant to paragraphs (1) through (3), he/she shall file an application for safety inspection to the competent authority in the form prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries, accompanied by the following documents: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. One copy of the structural drawing of a vessel (where at least two vessels of the same structure are to be inspected, only one drawing of the representative vessel shall be submitted);

2. One copy of the specification of lifesaving equipment.

(5) Upon receipt of an application for safety inspection filed under paragraph (4), the competent authority shall inspect whether the relevant vessel meets the standards for safety inspection under Article 13, and affix an inspection certificate prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries on a clearly visible place in the vessel which has passed the inspection. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(6) Each person who intends to undergo a safety inspection of excursion ships/ferries (including emergency rescue vessels) pursuant to paragraphs (1) through (3) shall pay fees, as prescribed by ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), or as determined by the commander of a regional coast guard, or the chief of a coast guard station. <Amended on Nov. 19, 2014; Jul. 26, 2017>

Article 13(Standards for Safety Inspections) #

The standards for safety inspections of excursion ships/ferries (including emergency rescue vessels) under Article 20 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Feb. 3, 2016; Jul. 26, 2017>

1. Whether excursion ships/ferries meet the standards for specification, facilities, equipment of excursion ships/ferries (including emergency rescue vessels) and vessel age prescribed under Article 14 and attached Table 1;

2. Whether excursion ships/ferries meet the standards for lifesaving equipment and facilities prescribed under Articles 17 and 18;

3. Whether excursion ships/ferries meet the standards for seating capacity, loading weight and capacity, and the complement of crew members prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries.

[This Article Wholly Amended on Jun. 29, 2012]

Article 14(Specification of, and Standards for, Facilities and Equipment of Excursion Ships/Ferries) #

(1) The specification of, and standards for, facilities and equipment applicable to conduct safety inspections of excursion ships/ferries not subject to the Ship Safety Act (including emergency rescue vessels) shall be as follows: <Amended on Feb. 3, 2016>

1. The length of a vessel (excluding a vessel determined and publicly announced under paragraph (2)) shall not exceed ten times the depth thereof, or six times the width thereof;

2. The hull of a vessel shall maintain corrosion resistance and strength so as not to hinder safe sailing;

3. In the case of a power-driven ship, its steering gear shall function effectively, its engine shall be equipped with functions making its operation easy and reliable so as not to hinder safe sailing, and the examination and repair thereof shall be easy.

(2) Detailed matters concerning the standards for specification, etc. under paragraph (1), and facilities and equipment for safe sailing shall be determined and publicly announced jointly by the Minister of the Interior and Safety and the Commissioner of the Korea Coast Guard. <Amended on Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 29, 2012]

Article 15 #

Deleted. <Feb. 3, 2016>

Article 16 #

Deleted. <Mar. 31, 1999>

Article 17(Lifesaving Equipment, etc. on Excursion Ships) #

(1) The standards for lifesaving equipment and facilities every excursion ship business operator shall provide on excursion ships and an excursion ship wharf under Article 22 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 22, 2016; Jan. 5, 2021>

1. Each excursion ship shall be equipped with life jackets of at least 120 percent of its seating capacity (life jackets in a number equal to 20 percent of the seating capacity of an excursion ship shall be carried for children);

2. Each excursion ship wharf shall have at least one emergency rescue vessel where up to 30 excursion ships (excluding an excursion ship of at least five tons and equipped with the equipment prescribed in subparagraph 6) exist at such excursion ship wharf; an excursion ship wharf shall have at least two emergency rescue vessels where the number of excursion ships is from 31 to not exceeding 50; an excursion ship wharf shall have at least the number of emergency rescue vessels calculated by adding one emergency rescue vessel for every 50 excursion ships to the first two emergency rescue vessels, where it has at least 51 excursion ships;

3. Each excursion ship with the seating capacity of at least five or equipped with a propulsion engine shall carry ring life buoys of a number equivalent to at least 30 percent of the seating capacity: Provided, That where it is equipped with lifeboats, life rafts, or life apparatus capable of loading at least 50 percent (25 percent in the case of an excursion ship, the business territory of which is inland waters) of its seating capacity, ring life buoys equivalent to at least 15 percent of its seating capacity shall be sufficient;

4. Each excursion ship with a seating capacity of at least 13 persons shall be equipped with at least one roll of rescue lines which is at least 10 millimeters in diameter and at least 30 meters in length, or with at least one throw bag;

5. Each excursion ship wharf shall have spare paddles and punting poles necessary for excursion ships of a number equivalent to at least 10 percent of the number of excursion ships with paddles or punting poles;

6. Each excursion ship sailing at least two nautical miles shall be equipped with communications equipment capable of communicating with a wharf or the nearest radio station;

7. Each excursion ship (limited only to an excursion ship sailing at night, from among power-driven excursion ships, in the case of an excursion ship sailing not more than two nautical miles), the business territory of which is inland waters, shall be equipped with a mobile phone capable of obtaining location information using GPS;

Article 18(Lifesaving Equipment, etc. on Ferries) #

(1) The standards for lifesaving equipment and facilities every ferry business operator shall provide on ferries and the ferry wharf pursuant to Article 22 (2) of the Act shall be as follows: <Amended on Jan. 22, 2016>

1. Each ferry shall have lifesaving equipment referred to in Article 17 (1) 1 and 3;

2. Each ferry shall be equipped with at least one roll of rescue lines which is at least 10 millimeters in diameter and least 30 meters in length, or with at least one throw bag;

3. Each passenger ferry shall have at least one fire extinguisher for cabin, steering house, and engine room respectively, and each cargo ferry shall have firefighting equipment capable of extinguishing cargo fires;

4. Each ferry with paddles or punting poles shall be equipped with spare paddles and punting poles as many as necessary to adapt to the route;

5. Each passenger ferry shall be furnished with equipment to prevent danger, such as handrails around the ferry;

6. Ferry wharves shall be equipped with communication facilities for communication among them;

7. A ferry business operator shall equip ferries and ferry wharves with equipment and facilities falling under Article 17 (1) 6, 7 and 9 through 10. In such cases, "excursion ship" shall be construed as "ferry" and "excursion ship wharf" shall be construed as "ferry wharf".

(2) Article 17 (3) and (4) shall apply mutatis mutandis to the lifesaving equipment that shall be carried on all ferries.

[This Article Wholly Amended on Jun. 29, 2012]

Article 19(Exceptions to Application of Standards) #

Where the competent authority deems no problem exists in the prevention of danger in consideration of the depth and force of waters, sailing distance, and the volume of the traffic of the relevant excursion ship wharf or ferry wharf, he/she may adjust the standards prescribed in Articles 14 (1), 17 (1) and (2), and 18 (1).

[This Article Wholly Amended on Jun. 29, 2012]

Article 20(Lifesaving Staff) #

(1) Lifesaving staff to be placed by each excursion ship/ferry business operator as prescribed in Article 22 (2) of the Act shall be as follows: <Amended on Nov. 19, 2014; Jul. 26, 2017; Jun. 7, 2023>

1. A certified rescue worker under Article 26 (1) 1 of the Enforcement Decree of the Water-Related Leisure Activities Safety Act;

2. A person who has served in the navy or served as a maritime police officer affiliated with the Minister of Public Safety and Security and has experience in aquatic rescue;

3. A person who has completed education on safety and the prevention of marine accidents provided by the Korea Institute of Maritime and Fisheries Technology under the Korea Institute of Maritime and Fisheries Technology Act;

4. A person deemed by the competent authority to have qualifications equivalent to those prescribed in subparagraphs 1 and 3.

(2) The minimum number of lifesaving staff referred to in paragraph (1) shall be determined as follows:

1. Excursion ship business:

(a) An excursion ship, the seating capacity of which is less than 13 persons: One lifesaving staff member for up to 30 ships; where the number of ships exceed 30, the number of lifesaving staff members shall be calculated by adding one lifesaving staff member for every 20 ships to the first one lifesaving staff member;

(b) An excursion ship, the seating capacity of which is at least 13 persons: One lifesaving staff member for an excursion ship with seating capacity of up to 50 and two lifesaving staff members for an excursion ship with seating capacity from 51 to 100; where seating capacity exceeds 100, the number of lifesaving staff members shall be calculated by adding one lifesaving staff member for every 100 passengers to the first one or two lifesaving staff members;

2. Ferry business:

(a) A ferry, the seating capacity of which is not more than 50 persons: One lifesaving staff member;

(b) A ferry, the seating capacity of which is at least 51 persons: Two lifesaving staff members for a ferry with seating capacity of up to 100; where seating capacity exceeds 100, the number of lifesaving staff members shall be calculated by adding one lifesaving staff member for every 100 passengers to the first two lifesaving staff members.

(3) Where the crew members of an excursion ship/ferry has qualifications provided for in paragraph (1), he/she may also serve as a lifesaving staff member and be counted in the minimum number of lifesaving staff members under paragraph (2).

Article 21(Safety Education) #

(1) The Minister of the Interior and Safety, the Commissioner of the Korea Coast Guard, and the competent authority may offer and operate an education program necessary for providing education (hereinafter referred to as "safety education") required for the safe sailing of excursion ships/ferries referred to in Article 24 (1) of the Act. <Amended on Jul. 26, 2017>

(2) The hours of safety education shall not exceed eight hours annually.

(3) Subjects of safety education and other matters necessary for the safety education shall be prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jul. 26, 2017>

[This Article Wholly Amended on Jan. 22, 2016]

Article 22(Ships or Ferries subject to Record and Management of Departure from, and Arrival at, Ports) #

"Ships or ferries prescribed by Presidential Decree" in Article 25 (1) of the Act means the following:

1. Ships or ferries, the sailing distance of which is at least two nautical miles or sailing hours exceed an hour (excluding excursion ships/ferries determined by the competent authorities, from among those operating on inland waters);

2. Other ships and ferries designated by the competent authorities.

[This Article Wholly Amended on Jan. 22, 2016]

Article 22-2(Building and Operating Information System) #

(1) The Minister of the Interior and Safety or the Commissioner of the Korea Coast Guard may allow an excursion ship/ferry business operator to handle the following affairs through the information system referred to in Article 25-2 (1) of the Act (hereafter referred to as "information system" in this Article): <Amended on Jul. 26, 2017>

1. Recording and managing details regarding the departure from and arrival at the port of a ship pursuant to Article 25 (1) of the Act;

2. Passengers’ filling in and submitting embarkation cards pursuant to Article 25 (2) of the Act.

(2) Matters necessary for building and operating an information system, other than those prescribed in paragraph (1), shall be determined and publicly notified by the Minister of the Interior and Safety or the Commissioner of the Korea Coast Guard. <Amended on Jul. 26, 2017>

[This Article Newly Inserted on Jul. 6, 2016]

Article 23(Safety Examinations) #

Matters subject to safety examinations referred to in Article 26 (2) of the Act shall be as follows:

1. Whether excursion ships/ferries and excursion ship/ferry wharves meet the standards for facilities and equipment under Article 4 of the Act;

2. Whether excursion ship/ferry business operators fulfill the duty of safe sailing under Articles 12 and 16 of the Act;

3. Whether passengers on board excursion ships/ferries observe the matters specified in Articles 13 and 19 of the Act;

4. Whether restrictions on boarding or loading under Article 18 of the Act are complied with;

5. Whether the standards for lifesaving equipment and the qualifications and standards for the placement of lifesaving staff members under Article 22 of the Act are met;

6. Whether the complement of and qualifications for crew members under Article 23 of the Act are met;

7. Other matters necessary for the safe sailing of excursion ships/ferries.

[This Article Wholly Amended on Jun. 29, 2012]

Article 24(Necessary Measures, etc.) #

(1) When the competent authority orders an excursion ship/ferry business operator to take necessary measures as prescribed in Article 27 of the Act, it shall issue a written order: Provided, That it may issue an oral order or use other methods, if emergency measures are necessary for safe sailing.

(2) When the competent authority is requested to take necessary measures to maintain safety and order in a vessel from the commissioner of a regional oceans and fisheries administration having jurisdiction over the relevant area, it shall cooperate therewith unless extenuating circumstances exist. <Amended on Jan. 6, 2015>

[This Article Wholly Amended on Jun. 29, 2012]

Article 24-2(Matters to be Entered in Bylaws of Safety Associations of Excursion Ships/Ferries) #

The bylaws of a safety association of excursion ships/ferries established under Article 30-2 (1) of the Act (hereinafter referred to as "association") shall include the following matters:

1. Objectives;

2. Name;

3. Location of its office (including branches or business places);

4. Its business affairs and execution thereof;

5. Eligibility requirements for members, membership, withdrawal, and rights and duties of members;

6. Executives and employees;

7. General meetings and the board of directors;

8. Organization and formation;

9. Assets and accounting;

10. Amendment to bylaws;

11. Method of giving public notice.

[This Article Newly Inserted on Jan. 22, 2016]

Article 24-3(Instruction and Supervision of Associations) #

(1) The Minister of the Interior and Safety or the Commissioner of the Korea Coast Guard shall instruct and supervise the associations with respect to the performance of their business affairs. <Amended on Jul. 26, 2017>

(2) The Minister of the Interior and Safety or the Commissioner of the Korea Coast Guard may require the associations to submit or report materials on the following, if necessary for instructing and supervising the associations pursuant to paragraph (1): <Amended on Jul. 26, 2017>

1. Business affairs, finance and the management of organization;

2. Other matters deemed necessary by the Minister of the Interior and Safety or the Commissioner of the Korea Coast Guard and Security for instructing and supervising the associations.

[This Article Newly Inserted on Jan. 22, 2016]

Article 25(Navigation Rules) #

The navigation rules for excursion ships/ferries under Article 31 of the Act shall be as follows: <Amended on Jan. 5, 2021>

1. Every excursion ship/ferry shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions in order to make a full appraisal of the situation and of the risk of collision with another vessel (including an excursion ship/ferry; hereinafter the same shall apply);

2. Every excursion ship/ferry shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision with another vessel and be stopped within a distance appropriate to the prevailing circumstances and conditions;

3. When visibility is restricted, or when an excursion ship/ferry navigates near an excursion ship/ferry wharf, etc. or in waters where the width of a river is narrow, the excursion ship/ferry shall proceed at a reduced speed and shall, in particular, not approach the navigational area of small-sized excursion ships/ferries under Article 10 that are not equipped with a propulsion engine so that the navigation thereof is not obstructed or proceed at a reduced speed;

4. Where another vessel is forward of an excursion ship/ferry in waters in which visibility is restricted, the excursion ship/ferry shall not alter course to port;

5. Where an excursion ship/ferry meets another vessel head-on, she shall alter course to starboard;

6. Where an excursion ship/ferry navigates in the same direction as another vessel, she shall not approach such another vessel or navigate competitively;

7. Where an excursion ship/ferry intends to overtake another vessel, she shall keep out of the way of such vessel being overtaken until she is finally past and clear;

8. Where an excursion ship/ferry and another vessel are crossing and the situation involves the risk of collision, the vessel having the other to starboard shall keep out of the way and avoid;

9. Where a small-sized excursion ship/ferry under Article 10 crosses inland waters, she shall not hinder the course of other large vessels;

10. Every excursion ship/ferry entering an excursion ship/ferry wharf or quay shall not hinder the course of other excursion ships/ferries leaving such excursion ship/ferry wharf or quay;

11. No excursion ship/ferry shall anchor along nor have passengers embark and disembark at a place other than the excursion ship/ferry wharf or quay determined at the time a business license is granted or a report on such business is filed;

Article 26(Reporting on Terms and Conditions of Sailing) #

Each excursion ship/ferry business operator who intends to report the terms and conditions of sailing or any amendment thereto pursuant to Article 32 of the Act shall file a written report with the competent authority in the form prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries, along with such terms and conditions of sailing. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Jun. 29, 2012]

Article 27(Purchasing Insurance, etc.) #

(1) In order to compensate passengers, crew members, and other employees for losses pursuant to Article 33 of the Act, every excursion ship/ferry business operator shall purchase insurance or join a mutual aid association before starting such business (where such insurance or mutual aid expires, before the expiration date thereof). <Amended on Jul. 6, 2016>

(2) The amount of money to purchase insurance or join a mutual aid association pursuant to paragraph (1) shall not be less than the amount referred to in Article 3 (1) of the Enforcement Decree of Compulsory Motor Vehicle Liability Security Act. <Newly Inserted on Jul. 6, 2016>

[This Article Wholly Amended on Jun. 29, 2012]

Article 28(Fares and Fees) #

(1) When an excursion ship business operator intends to report boarding fares or vessel rental fees or changes thereto pursuant to Article 34 (1) of the Act, he/she shall file a written report with the competent authority in the form prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(2) When a ferry business operator intends to report transportation fees or changes thereto pursuant to Article 34 (2) of the Act, he/she shall file a written report with the competent authority in the form prescribed by Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries, along with a statement of fee calculation. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) Local governments may choose not to provide subsidies under Article 36 of the Act to any ferry business operator who fails to comply with requests of competent authorities made under Article 34 (3) of the Act.

[This Article Wholly Amended on Jun. 29, 2012]

Article 29(Providing Subsidy or Loan) #

(1) The Minister of the Interior and Safety, the Commissioner of the Korea Coast Guard, or the head of a local government may provide financial support to a business operator who intends to build a new excursion ship or ferry within the scope of the following amounts pursuant to Article 36 (2) of the Act: <Amended on Jul. 26, 2017>

1. Subsidy: Amount not more than 40/100 of the cost for building a new excursion ship or ferry;

2. Loan (including loan facilitation; hereinafter the same shall apply): Amount not more than 80/100 of the cost for building a new excursion ship or ferry.

(2) A person who intends to receive the subsidy or loan pursuant to paragraph (1) shall submit to the Minister of the Interior and Safety, the Commissioner of the Korea Coast Guard, or the head of the relevant local government a written application stating the following: <Amended on Jul. 26, 2017>

1. Name of the applicant (in cases of a corporation, the names of the corporation and its representative) and his/her address;

2. Grounds for applying for subsidy or loan;

3. Desired amount of subsidy or loan.

(3) The written application referred to in paragraph (2) shall include the following documents:

1. Project plan stating the details of the intended project;

2. Plan for the use of subsidy or loan.

(4) The person who receives subsidy or loan pursuant to Article 36 (2) of the Act shall prepare a statement of the use of the subsidy or loan and submit it to the Minister of the Interior and Safety, the Commissioner of the Korea Coast Guard, or the head of the relevant local government on a quarterly basis. <Amended on Jul. 26, 2017>

[This Article Newly Inserted on Jul. 6, 2016]

Article 30(Delegation of Authority) #

Pursuant to Article 38 (1) of the Act, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor, or the commander of a regional coast guard shall delegate his/her authority over the following affairs to the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; in the case of excursion ships/ferries operating in the Nakdong River of Busan Metropolitan City, referring to the head of an agency in charge of duties concerning excursion ships/ferries among the duties of managing the Nakdong River of Busan Metropolitan City; hereinafter the same shall apply) or the chief of a coast guard station. In such cases, where business territory extends over at least two jurisdictions of Sis/Guns/Gus or coast guard stations, the head of a Si/Gun/Gu or the chief of a coast guard station who has jurisdiction over the place where the relevant excursion ships/ferries are mainly moored shall be deemed delegated with such authority: <Amended on Nov. 19, 2014; Jan. 22, 2016; Jul. 6, 2016; Jul. 26, 2017>

1. Taking administrative measures to excursion ship/ferry businesses pursuant to Article 9 of the Act;

2. Imposing penalty surcharges under Article 9-2 of the Act;

3. Inspecting or examining the safety of excursion ships/ferries and excursion ship/ferry wharves pursuant to Article 26 of the Act;

4. Ordering excursion ship/ferry business operators to take necessary measures pursuant to Article 27 of the Act;

5. Holding hearings concerning excursion ship/ferry business operators pursuant to Article 37 of the Act;

6. Imposing and collecting administrative fines pursuant to Article 43 (2) of the Act.

[This Article Wholly Amended on Jun. 29, 2012]

Article 31(Entrustment of Inspections and Education) #

Pursuant to Article 38 (2) of the Act, competent authorities may entrust the following agencies or organizations with the duties of safety inspection of excursion ships/ferries and education:

1. The Korea Institute of Maritime and Fisheries Technology under the Korea Institute of Maritime and Fisheries Technology Act (limited to safety education for excursion ship/ferry business operators);

2. Relevant specialized agencies or organizations designated by competent authorities.

[This Article Wholly Amended on Jun. 29, 2012]

Article 31-2(Handling of Sensitive Information and Personally Identifiable Information) #

Where it is inevitable to perform the following duties, competent authorities (including persons delegated or entrusted with authority, etc. pursuant to Article 30 or 31) may handle information on health under Article 23 of the Personal Information Protection Act (limited to duties under subparagraph 7) or data containing resident registration numbers, passport numbers or alien registration numbers under subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of that Act: <Amended on Apr. 23, 2024>

1. Duties concerning the license of and report on, and the renewal of license of and report on excursion ship/ferry business under Articles 3 and 5 of the Act;

2. Duties concerning transfer, takeover, merger and inheritance of excursion ship/ferry business under Articles 3-2 and 3-3 of the Act;

3. Duties concerning reporting on temporary suspension, closure, etc. of business under Article 7 of the Act;

4. Duties concerning administrative dispositions and imposition of penalty surcharges under Articles 9 and 9-2;

5. Duties concerning safety inspections under Article 20 of the Act;

6. Duties concerning inspections, etc. under Article 26 of the Act;

7. Duties concerning reporting on the occurrence of accidents under Article 29 of the Act;

8. Duties concerning the payment of subsidies under Article 36 of the Act;

9. Deleted; <Apr. 23, 2024>

[This Article Wholly Amended on Jun. 29, 2012]

Article 31-3(Re-Examination of Regulation) #

(1) The Minister of the Interior and Safety shall examine the appropriateness of the age standards of excursion ships/ferries determined under Article 6 and attached Table 1 by December 31, 2025 and shall take measures, such as improvement. <Newly Inserted on Feb. 3, 2016; Jul. 26, 2017>

(2) The Minister of the Interior and Safety shall review the appropriateness of the following, every three years commencing from the following base dates (meaning before the third anniversary of the base date), and shall take measures, such as improvement: <Amended on Feb. 3, 2016; Dec. 30, 2016; Jul. 26, 2017>

1. Criteria for classification of business requiring licenses or reporting under Article 3: January 1, 2017;

2. Standards for vessels, facilities, equipment, and human resources under Article 5: January 1, 2017;

3. Deleted; <Mar. 3, 2020>

4. Criteria for designation as small excursion ships/ferries on which passengers need to wear life jackets under Article 10: January 1, 2017;

5. Deleted; <Mar. 3, 2020>

6. Deleted; <Mar. 3, 2020>

7. Standards for specification, facilities, and equipment of excursion ships/ferries under Article 14: January 1, 2017;

8. Matters concerning safety education under Article 21: January 1, 2017;

9. Vessels subjects to record and management of departure from and arrival at port, and filling up embarkation cards under Article 22: January 1, 2017;

10. Deleted; <Mar. 7, 2023>

11. Deleted; <Mar. 7, 2023>

12. Deleted. <Mar. 3, 2020>

[This Article Newly Inserted on Dec. 9, 2014]

Article 32(Standards for Imposition of Administrative Fines) #

Standards for imposing administrative fines under Article 43 (1) of the Act shall be as stipulated in attached Table 3. <Amended on Jan. 22, 2016; Feb. 3, 2016>

[This Article Wholly Amended on Dec. 31, 2008]