Article 1(Purpose) #
The purpose of this Act is to ensure the efficient transportation of goods essential to the national economy and munitions and to contribute to the stability of people's livelihoods and the safeguarding of national security by maintaining maritime transportation and port functions in the event of war, incidents, other equivalent emergencies, or serious disruptions to maritime transportation and port functions.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Jan. 4, 2022>
1. The term "emergency, etc." means any of the following cases where serious harm to the national economy is expected as the transportation of import and export cargo is suspended or the entry into or departure from a port by vessels becomes impossible due to war, incidents, other equivalent emergencies, or serious disruptions to maritime transportation and port functions caused by the bankruptcy of shipping companies, etc.:
a. Emergencies prescribed in the Act on Emergency Preparedness;
b. Cases deliberated on and determined as emergencies by the Harbor Policy Council established under Article 4 of the Harbor Act;
c. Other cases where a serious disruption prescribed by Presidential Decree occurs in relation to maritime transportation and port functions;
2. The term "national essential ship" means a ship designated under Article 5 (1) to transport goods essential to the national economy and munitions in the event of an emergency, etc.;
3. The term "port operation agreement" means an agreement concluded by the Minister of Oceans and Fisheries with a person specified in the subparagraphs of Article 10 (1), as prescribed in that paragraph, in order to maintain the functions of ports, such as the entry and departure of vessels and the loading and unloading of cargo, in the event of an emergency, etc.
Article 3(Responsibilities of the State) #
(1) The State shall prepare policies and institutions necessary to maintain maritime transportation and port functions, including designating national essential ships and concluding port operation agreements, in preparation for an emergency, etc.
(2) The State shall endeavor to provide support necessary for operating national essential ships, attaining the target number of designated national essential ships, and maintaining port operation agreements. <Amended on Jan. 4, 2022>
Article 4(Formulation of master plans for maintaining maritime transportation and port functions) #
(1) The Minister of Oceans and Fisheries shall formulate a 10-year master plan for maintaining maritime transportation and port functions in preparation for an emergency, etc. (hereinafter referred to as "master plan") every 5 years, in order to establish the basic direction of policies on the designation of national essential ships, the conclusion of port operation agreements, and other relevant matters.
(2) A master plan shall include the following matters:
1. The basic conception and mid- and long-term policy directions of the Government regarding the maintenance of maritime transportation and port functions in preparation for an emergency, etc.;
2. Forecast of the future supply and demand of cargo volume and the maritime transportation and port environment in preparation for an emergency, etc.;
3. Operation of systems necessary to maintain maritime transportation and port functions in preparation for an emergency, etc., including the designation of national essential ships and the conclusion of port operation agreements, and measures to support participating business entities;
4. Other matters prescribed by Presidential Decree as necessary to maintain maritime transportation and port functions in preparation for an emergency, etc.
(3) The Minister of Oceans and Fisheries shall have prior consultations with the heads of relevant central administrative agencies when formulating a master plan under paragraph (1).
(4) When the Minister of Oceans and Fisheries formulates a master plan, the Minister shall publicly notify the details thereof as prescribed by Presidential Decree and notify such plan to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, and a Special Self-Governing Province Governor.
(5) The Minister of Oceans and Fisheries shall prepare an annual implementation plan each year, as prescribed by Presidential Decree, in order to implement a master plan.
(6) Upon formulating a master plan or an implementation plan under paragraph (1) or (5), the Minister of Oceans and Fisheries shall submit such plan without delay to the competent Standing Committee of the National Assembly.
(7) When the Minister of Oceans and Fisheries formulates an annual implementation plan under paragraph (5), the Minister shall publicly notify the details thereof as prescribed by Presidential Decree and notify such plan to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, and a Special Self-Governing Province Governor.
Article 5(Designation and operation of national essential ships) #
(1) If deemed necessary to efficiently utilize vessels and seafarers in preparation for an emergency, etc., upon application by the owner, etc. of any of the following vessels meeting the criteria prescribed by Presidential Decree, including the size and age of vessels and the type of cargo, the Minister of Oceans and Fisheries may designate such vessel as a national essential ship; in such cases, the Minister shall have prior consultations with the heads of relevant central administrative agencies:
1. International ships defined in subparagraph 1 of Article 2 of the International Ship Registration Act;
2. Vessels owned by a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution").
(2) When designating national essential ships under paragraph (1), the Minister of Oceans and Fisheries shall do so within the minimum scope necessary to prepare for an emergency, etc. In such cases, the Minister shall endeavor to achieve the target number of designated national essential ships, as determined by the Minister of Oceans and Fisheries. <Amended on Jan. 4, 2022>
(3) In the event of an emergency, etc., the Minister of Oceans and Fisheries may order the mobilization of national essential vessels and the transport of cargo designated by the Minister of Oceans and Fisheries, to the owners of national essential vessels designated under paragraph (1); providers of overseas transportation services (persons who have obtained a license for scheduled overseas passenger transportation services or non-scheduled overseas passenger transportation services prescribed in Article 4 (1) of the Marine Transportation Act and persons who have their scheduled overseas cargo transportation services or non-scheduled overseas cargo transportation services registered under Article 24 (2) of that Act); or providers of vessel leasing services (referring to persons who have their vessel leasing services registered under Article 33 (1) of the Marine Transportation Act; hereinafter owners, providers of overseas transportation services and providers of vessel leasing services to be collectively referred to as "ship owners, etc.").
(4) If the Minister of Oceans and Fisheries issues an order for mobilization or transportation under paragraph (3), the ship owners, etc. shall comply therewith without delay, unless there is good cause.
(5) No person shall interfere with the compliance with an order by ship owners, etc. under paragraph (3) without good cause.
Article 6(Hearing opinions) #
When the Minister of Oceans and Fisheries designates a national essential ship under Article 5 (1), the Minister may hear opinions on matters prescribed by Presidential Decree, such as the role of national essential ships in the event of an emergency, etc., from the heads of relevant central administrative agencies, ship owners, etc., and related organizations, etc. prescribed by Presidential Decree.
Article 7(Education and training) #
If necessary for the prompt mobilization of national essential ships and efficient performance of duties in preparation for an emergency, etc., the Minister of Oceans and Fisheries may provide education or training to the ship owners, etc. on the role, etc. of national essential ships at least once a year. In such cases, the ship owners, etc. shall participate in such education or training, unless there is good cause.
Article 8(Revocation of designation of national essential ships) #
(1) Where a national essential ship falls under any of the following cases, the Minister of Oceans and Fisheries may revoke the designation of such national essential ship; provided, in any of the cases specified in subparagraphs 1 through 3, the relevant designation shall be revoked:
1. Where a national essential ship has been designated by fraud or other improper means;
2. Where the registration of a national essential ship has been canceled under Article 10 of the International Ship Registration Act;
3. Where the registration of a ship has been canceled under Article 22 of the Ship Act;
4. Where a ship owner, etc. request the revocation of the designation;
5. Where a national essential ship fails to meet the criteria for designation under the former part, with the exception of the subparagraphs, of Article 5 (1);
6. Where a national essential ship fails to comply with an order for mobilization or transportation under Article 5 (3) without good cause.
(2) If designation is revoked under paragraph (1), the support under Article 9 shall cease from the date of revocation.
Article 9(Support for national essential ships) #
Notwithstanding Article 30 of the Harbor Act and Article 30 of the Port Authority Act, the Minister of Oceans and Fisheries, a harbor facility operator and a lessee under Article 30 (1) of the Harbor Act, and the Port Authority established under the Port Authority Act may wholly or partially exempt port facility fees to be paid by ship owners, etc., as prescribed by Presidential Decree.
Article 10(Conclusion and implementation of port operation agreements) #
(1) If deemed necessary to maintain port functions, such as the entry to and departure from a port by vessels and the loading and unloading of cargo, in preparation for an emergency, etc., the Minister of Oceans and Fisheries may conclude a port operation agreement by port and by sector with any of the following persons meeting the qualification requirements prescribed by Presidential Decree; in such cases, the Minister of Oceans and Fisheries shall have prior consultations with the heads of relevant central administrative agencies:
1. A person who has filed for registration of tugboat business under Article 24 (1) of the Act on the Arrival and Departure of Ships;
2. A person who has filed for registration of harbor loading and unloading business under subparagraph 1 of Article 3 and Article 4 (1) of the Harbor Transport Business Act;
3. A person who has filed for registration of harbor transport-related business under Article 26-3 (1) of the Harbor Transport Business Act.
(2) If necessary to maintain the functions of a port in the event of an emergency, etc., the Minister of Oceans and Fisheries may order a person who has concluded a port operation agreement under paragraph (1) (hereinafter referred to as "contracted business entity") to engage in the business operations for which such person has filed for registration.
(3) Upon receipt of an order to engage in business operations issued by the Minister of Oceans and Fisheries under paragraph (2), a contracted business entity shall comply therewith without delay, unless there is good cause.
(4) No person shall interfere with the compliance with an order under paragraph (3) by a contracted business entity without good cause.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the procedures, methods, etc. for concluding a port operation agreement shall be prescribed by Presidential Decree.
Article 11(Termination of port operation agreements) #
(1) The Minister of Oceans and Fisheries may terminate a port operation agreement with a contracted business entity if the entity falls under any of the following cases; provided, in the case of subparagraph 1 or 2, the relevant port operation agreement shall be terminated:
1. Where the entity has concluded the agreement by fraud or other improper means;
2. Where the registration specified in the subparagraphs of Article 10 (1) has been revoked;
3. Where the entity requests the termination of the agreement;
4. Where the entity fails to meet the qualification requirements under the former part, with the exception of the subparagraphs, of Article 10 (1);
5. Where the entity fails to comply with an order to engage in business operations issued under Article 10 (2) without good cause;
6. Where it is deemed unnecessary to maintain the agreement due to loss of port facilities, etc.
(2) If a port operation agreement is terminated under paragraph (1), the support under Article 12 shall cease from the date of termination.
Article 12(Support for contracted business entities) #
Notwithstanding Article 30 of the Harbor Act and Article 30 of the Port Authority Act, the Minister of Oceans and Fisheries, a harbor facility operator and a lessee under Article 30 (1) of the Harbor Act, and the Port Authority established under the Port Authority Act may wholly or partially exempt port facility fees to be paid by contracted business entities, as prescribed by Presidential Decree.
Article 12-2(Designation and management of national essential pilots) #
(1) The Minister of Oceans and Fisheries may designate a pilot who meets the qualifications prescribed by Presidential Decree for each pilotage area under Article 17 of the Pilotage Act, as a national essential pilot to maintain port functions in preparation for an emergency, etc.
(2) The Minister of Oceans and Fisheries may order a national essential pilot to engage in duties for maintaining port functions in the event of an emergency, etc.
(3) Upon receiving an order to engage in duties issued by the Minister of Oceans and Fisheries under paragraph (2), a national essential pilot shall comply therewith without delay, unless there is a compelling reason not to do so.
(4) No person shall interfere with the compliance with an order by a national essential pilot prescribed in paragraph (3) without good cause.
(5) The Minister of Oceans and Fisheries may revoke the designation of a national essential pilot in the following cases; provided, in the case of subparagraph 1 or 2, the Minister shall revoke such designation:
1. Where the designation has been obtained by fraud or improper means;
2. Where the relevant national essential pilot fails to meet the qualification requirements prescribed by Decree of the Ministry of Oceans and Fisheries under paragraph (1);
3. Where the relevant national essential pilot fails to comply with an order to engage in duties under paragraph (3).
(6) Except as provided in paragraphs (1) through (5), matters necessary for the procedures, methods, etc. for the designation of national essential pilots shall be prescribed by Presidential Decree.
[This Article Added on Dec. 29, 2023]
Article 13(Compensation for loss) #
(1) The Minister of Oceans and Fisheries shall provide just compensation to a person who has suffered any of the following loss: <Amended on Dec. 29, 2023>
1. Loss incurred from the compliance with an order for mobilization or transportation under Article 5 (3);
2. Loss incurred due to wage burdens on ship owners, etc., arising from an order restricting the boarding of foreign seafarers under Article 5 (6);
3. Loss incurred from the compliance with an order to engage in business operations under Article 10 (2);
4. Loss incurred from the compliance with an order to engage in duties under Article 12-2 (2).
(2) Matters necessary for the standards, procedures, etc. for compensation for loss under paragraph (1) shall be prescribed by Presidential Decree.
Article 14(Recovery of compensation for loss) #
(1) If a person who has received compensation for loss under Article 13 (hereinafter referred to as "compensation for loss") falls under any of the following cases, the Minister of Oceans and Fisheries shall wholly or partially recover the relevant compensation for loss:
1. Where the person has received compensation for loss by fraud or other improper means;
2. Where the person has received compensation for loss paid erroneously.
(2) If a person obligated to return compensation for loss under paragraph (1) fails to do so, the Minister of Oceans and Fisheries shall demand its payment by a fixed payment deadline.
(3) If a person obligated to return compensation for loss fails to do so by the payment deadline under paragraph (2), the Minister of Oceans and Fisheries shall collect it in the same manner as delinquent national taxes are collected.
(4) Except as provided in paragraphs (1) through (3), the procedures for the recovery of compensation for loss, the payment deadline, and other necessary matters shall be prescribed by Presidential Decree.
Article 15(Request for submission of materials) #
(1) The Minister of Oceans and Fisheries may request the submission of materials from ship owners, etc. or contracted business entities according to the following classifications:
1. Ship owners, etc.: Materials necessary to verify the operational status, such as an operation plan, of the relevant ship, and whether it continues to meet the designation criteria under the former part, with the exception of the subparagraphs, of Article 5 (1);
2. Contracted business entities: Materials necessary to verify whether to maintain a port operation agreement, such as materials regarding whether they meet the qualification requirements under the former part, with the exception of the subparagraphs, of Article 10 (1).
(2) If deemed necessary to perform duties under this Act, the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies and the heads of public institutions to submit materials regarding the designation of national essential ships, the conclusion and operation of port operation agreements, etc.
(3) Upon receipt of a request under paragraph (1) or (2), ship owners, etc., contracted business entities, and the heads of relevant agencies shall comply with such request, unless there is good cause.
Article 16(Delegation and entrustment of authority) #
(1) Part of the authority of the Minister of Oceans and Fisheries under this Act may be delegated to the heads of institutions under his or her jurisdiction, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor, as prescribed by Presidential Decree.
(2) Part of the duties of the Minister of Oceans and Fisheries under this Act may be entrusted to institutions or organizations related to maritime transportation or ports, as prescribed by Presidential Decree.
Article 17(Legal fiction as public officials for purposes of applying penalty provisions) #
The executive officers and employees of an institution or organization engaged in the duties entrusted under Article 16 (2) shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act.
Article 18(Penalty provisions) #
(1) Any of the following persons shall be punished by imprisonment with labor for up to 5 years or by a fine not exceeding 50 million won: <Amended on Dec. 29, 2023>
1. A person who fails to comply with an order issued by the Minister of Oceans and Fisheries without good cause, in violation of Article 5 (4);
2. A person who fails to comply with an order issued by the Minister of Oceans and Fisheries without good cause, in violation of Article 10 (3);
3. A person who fails to comply with an order issued by the Minister of Oceans and Fisheries without good cause, in violation of Article 12-2 (3).
(2) Any of the following persons shall be punished by imprisonment with labor for up to 3 years or by a fine not exceeding 30 million won: <Amended on Dec. 29, 2023>
1. A person who interferes with the compliance with an order by a ship owner, etc., in violation of Article 5 (5);
2. A person who interferes with the compliance with an order by a contracted business entity, in violation of Article 10 (4);
3. A person who interferes with the compliance with an order by a national essential pilot, in violation of Article 12-2 (4).
4. A person who receives compensation for loss under Article 13 (1) by fraud or other improper means.
Article 19(Administrative fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding 3 million won:
1. A person who fails to participate in education or training under Article 7 without good cause;
2. A person who fails to comply with a request for the submission of materials under Article 15 (1) by the Minister of Oceans and Fisheries without good cause.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.