Article 1(Purpose) #
The purpose of this Act is to prescribe matters necessary for vessel traffic services thereby contributing to the enhancement of the safety of vessel traffic and the efficiency of port operations, as well as the protection of the marine environment.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Dec. 20, 2024>
1. "Vessel traffic service" means observing the movement of vessels by installing and operating equipment capable of detecting vessel positions and communicating with them, and providing vessels with safety-related information and port operational information necessary for the efficient operation of ports in order to enhance the safety of vessel traffic and to protect the marine environment and marine facilities;
2. "Vessel traffic service area" means the waters publicly notified by the Commissioner General of the Korea Coast Guard in consultation with the Minister of Oceans and Fisheries, within the following waters, to implement vessel traffic services;
a. The territorial sea under Article 1 of the Territorial Sea and Contiguous Zone Act (hereinafter referred to as "territorial sea");
b. Inland waters under Article 3 of the Territorial Sea and Contiguous Zone Act (excluding rivers, lakes, marshes, etc., where ocean-going vessels are unable to continue navigation; hereinafter referred to as "inland waters");
2-2. "Vessel traffic service area beyond the territorial sea" means the waters between territorial seas through which vessels subject to vessel traffic service under subparagraph 3 navigate, which are publicly notified by the Commissioner General of the Korea Coast Guard in consultation with the Minister of Oceans and Fisheries;
3. "Vessel subject to vessel traffic service" means any of the following vessels that is subject to vessel traffic service, among vessels defined in Article 1-2(1) of the Ship Act (excluding barges defined in subparagraph 3 of that paragraph):
a. A vessel engaged in international voyages;
b. A vessel a gross tonnage of 300 tons or more; provided, this excludes coastal fishing vessels that only navigate between domestic ports, out of the fishing vessels under subparagraph 1 of Article 2 of the Fishing Vessels Act;
c. A dangerous cargo carrier as defined in subparagraph 4 of Article 2 of the Maritime Traffic Safety Act;
d. Any other vessel recognized by the Commissioner General of the Korea Coast Guard recognizes as requiring observation and verification for the safety of vessel traffic or other purposes and so publicly notified;
4. "Vessel traffic service operator" means a person who performs vessel traffic services with the qualifications prescribed by Decree of the Ministry of Oceans and Fisheries;
5. "Marine accident" means a marine accident as defined in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents.
Article 3(Scope of application) #
(1) This Act shall apply to vessels subject to vessel traffic service within the vessel traffic service area.
(2) Notwithstanding paragraph (1), Article 18-2 shall apply to vessels subject to vessel traffic service located within the vessel traffic service area beyond the territorial sea.
[This Article Wholly Amended on Dec. 20, 2024]
Article 4(Responsibilities of the State) #
The State shall develop and implement policy measures necessary for vessel traffic services to enhance the safety and efficiency of vessel traffic and to protect the marine environment.
Article 5(Responsibilities of owners of vessels) #
(1) The owner of a vessel shall provide the vessel operators with education and training including the following matters to ensure that the vessel such owner owns, manages or operates complies with vessel traffic services; and shall observe various safety regulations, cooperating in the vessel traffic service policy of the State:
1. Purposes and terms of vessel traffic services, communications procedures and information exchange methods;
2. Relevant regulations on and all compliance requirements for vessel traffic services;
3. Current status of domestic vessel traffic services operations;
4. Other matters prescribed by Decree of the Ministry of Oceans and Fisheries.
(2) The content, methods, and other matters necessary for the education and training of operators under paragraph (1) shall be prescribed by Presidential Decree.
Article 6(Promotion of international exchange and cooperation) #
The Commissioner General of the Korea Coast Guard may take necessary measures by seeking the opinions of relevant central administrative agencies to enhance international exchanges and cooperation, such as the exchange of information on vessel traffic services and conducting joint study and research with international organizations relevant to vessel traffic services, foreign governments and groups, etc.
Article 7(Relationship to other statutes) #
Except as otherwise provided in other statutes, vessel traffic services shall be governed by this Act.
Article 8(Master plans for vessel traffic services) #
(1) The Commissioner General of the Korea Coast Guard shall formulate a master plan for vessel traffic services (hereinafter referred to as "master plan") every five years.
(2) The master plan shall comply with the contents of the national master plan for maritime safety formulated under Article 7 (1) of the Framework Act on Maritime Safety. <Amended on Jul. 25, 2023>
(3) The master plan shall contain the following matters:
1. Basic direction and objectives of vessel traffic service policies;
2. Operation of vessel traffic services;
3. Construction, maintenance and management of facilities for vessel traffic services;
4. Education and training of vessel traffic service operators;
5. International cooperation related to vessel traffic services;
6. The mid-to long-term development plan of vessel traffic services;
7. Other matters deemed necessary by the Commissioner General of the Korea Coast Guard relating to vessel traffic services.
(4) The Commissioner General of the Korea Coast Guard shall consult with the heads of relevant central administrative agencies where formulating or modifying the master plan.
(5) The Commissioner General of the Korea Coast Guard may, where necessary for the formulate the master plan, request the heads of relevant central administrative agencies, the head of any public institution under Article 4 of the Act on the Management of Public Institutions and other relevant institutions to submit materials, present opinions or provide other necessary cooperation.
(6) Matters relating to procedures, methods, etc. for formulating the master plans shall be prescribed by Presidential Decree.
Article 9(Implementation plans for vessel traffic services) #
(1) The Commissioner General of the Korea Coast Guard shall formulate an implementation plan of vessel traffic services (hereinafter referred to as "implementation plan") each year to implement the master plan.
(2) Where necessary to formulate the implementation plan, the Commissioner General of the Korea Coast Guard may request the heads of relevant central administrative agencies, the head of any public institution under Article 4 of the Act on the Management of Public Institutions and other relevant institutions to submit materials, present opinions or provide other necessary cooperation.
(3) Matters regarding the details to be included in an implementation plan and the procedure, method, etc. for formulating such plan shall be prescribed by Presidential Decree.
Article 10(Submission of master plan and implementation plan to National Assembly) #
(1) Upon the formulation or modification of the master plan or implementation plan, the Commissioner General of the Korea Coast Guard shall notify the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and Special Self-Governing Province Governors thereof and submit the master plan or implementation plan to the competent standing committee of the National Assembly without delay.
(2) Upon the formulation or modification of the master plan or implementation plan, the Commissioner General of the Korea Coast Guard publish the plan as prescribed by Presidential Decree.
Article 11(Implementation of vessel traffic services) #
(1) The Commissioner General of the Korea Coast Guard shall implement vessel traffic services to promote the safety of vessel traffic.
(2) The criteria for establishing vessel traffic service areas for the implementation of the vessel traffic services under paragraph (1) shall be prescribed by Presidential Decree.
(3) The Commissioner General of the Korea Coast Guard may establish and operate vessel traffic service authorities for the efficient implementation of vessel traffic services.
(4) Matters necessary to the establishment and operation of the vessel traffic service authorities (hereinafter referred to as "vessel traffic service authorities") under paragraph (3) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.
Article 12(Regulations on vessel traffic services) #
(1) The Commissioner General of the Korea Coast Guard shall publicly notify the regulations on vessel traffic services to be complied with by vessels subject to vessel traffic service within a vessel traffic service area under the jurisdiction of the Commissioner General of the Korea Coast Guard, as prescribed by Presidential Decree. <Amended on Dec. 20, 2024>
(2) Where the Commissioner General of the Korea Coast Guard publicly notifies the regulations on vessel traffic services under paragraph (1), the Commissioner shall hear the opinions of relevant central administrative agencies to ensure the safety of vessel traffic.
Article 13 #
Deleted. <Dec. 20, 2024>
Article 14(Obligation of the master) #
(1) The master of a vessel subject to vessel traffic service shall comply with the instructions of the vessel traffic service operator under Article 18 (1); provided, if there is a clear reason that compliance with the instructions would make it impossible to safely operate the vessel, the master may refrain from complying with those instructions and shall without delay notify the vessel traffic service operator of the reason for the non-compliance. <Amended on Dec. 20, 2024>
(2) The master of a vessel subject to vessel traffic service shall not be exempted from responsibility for the safe operation of the vessel even when complying with the instructions of the vessel traffic service operator. <Amended on Dec. 20, 2024>
(3) The master of a vessel subject to vessel traffic service shall, where intending to navigate, anchor, or moor within a vessel traffic service area, report the matters prescribed by Presidential Decree to the vessel traffic service authority having jurisdiction over that vessel traffic service area. <Amended on Dec. 20, 2024>
(4) The master of a vessel subject to vessel traffic service shall, when navigating, anchoring, or drifting within a vessel traffic service area, be equipped with the radio equipment and vessel traffic service frequencies prescribed by Decree of the Ministry of Oceans and Fisheries, and shall continuously monitor and respond to vessel traffic service communications; provided, where communication with a vessel traffic service operator on the designation frequencies is not possible due to a communication failure, the master may monitor and respond using other communication means, including mobile phones. <Amended on Dec. 20, 2024>
(5) The master of a vessel subject to vessel traffic service shall, while navigating within a vessel traffic service area, without delay, report to the vessel traffic service authority if the master becomes aware of any obstacles on the fairway, the occurrence of a marine accident, or any other circumstances that hinder or are likely to hinder the safety of vessel traffic. <Amended on Dec. 20, 2024>
(6) Except as provided in paragraphs (1) through (5), matters necessary for the reporting procedures for vessels subject to vessel traffic service and the specifications of vessel traffic service communications for each vessel traffic service area and other necessary matters shall be prescribed by Presidential Decree. <Amended on Dec. 20, 2024>
Article 15(Principles of vessel traffic service communications and audio recording thereof) #
(1) When communicating for vessel traffic services under Article 14(4), a vessel traffic service operator and the master of a vessel subject to vessel traffic service shall transmit relevant information concisely and clearly. In this case, a foreign language prescribed by Presidential Decree may be used.
(2) A vessel traffic service authority and a master of a vessel subject to vessel traffic service as prescribed by Presidential Decree shall make audio recordings of vessel traffic service communications and retain them under Article 14(4).
(3) Except as provided in paragraph (2), matters necessary for the method of recording vessel traffic service communications and the retention period shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 20, 2024]
Article 16(Qualifications for vessel traffic service operators) #
(1) Vessel traffic service duties shall be performed by vessel traffic service operators.
(2) A vessel traffic service operator shall be a public official from among those prescribed by Decree of the Ministry of Oceans and Fisheries who has completed the vessel traffic service operator training administered by the Commissioner General of the Korea Coast Guard and passed the relevant evaluation.
(3) Vessel traffic service operators shall undergo regular training and evaluation necessary for the performance of their duties.
(4) Matters necessary for the training and evaluation of vessel traffic service operators under paragraphs (2) and (3) shall be prescribed by Presidential Decree.
Article 17(Designation of specialized training organizations) #
(1) The Commissioner General of the Korea Coast Guard may designate a specialized training organization for vessel traffic service operators (hereinafter referred to as "specialized training organization"), as prescribed by Decree of the Ministry of Oceans and Fisheries, to train vessel traffic service operators.
(2) The head of a specialized training organization shall provide training after consulting the Commissioner General of the Korea Coast Guard on the details about the provision of the training.
(3) The Commissioner General of the Korea Coast Guard may provide financial support for all or part of the expenses necessary for specialized training organizations, within the budget.
(4) The criteria for the designation of specialized training organizations shall be prescribed by Decree of the Ministry of Oceans and Fisheries.
(5) Where any of the following is applicable to an organization designated as a specialized training organization under paragraph (1), the Commissioner General of the Korea Coast Guard may revoke the designation of the specialized training organization; provided, in the case of subparagraph 1, the designation shall be revoked:
1. Where a specialized training organization has obtained designation by fraud or other improper means;
2. Where a specialized training organization fails to comply with the criteria for designation under paragraph (4);
3. Where a specialized training organization has conducted training or education not in compliance with the terms of designation granted under paragraph (4);
4. Where a specialized training organization falsifies completion records as to the recipients of the education or training by fraud or other improper means.
(6) The Commissioner General of the Korea Coast Guard shall hold a hearing to revoke the designation of a specialized training organization under paragraph (5).
Article 18(Duties of vessel traffic service operators) #
A vessel traffic service operator shall perform the following duties: <Amended on Jul. 25, 2023; Dec. 20, 2024>
1. Observing and verifying vessels subject to vessel traffic service navigating, anchoring, or drifting within a vessel traffic service area; and providing safety-related information, advice, or instructions;
2. Providing vessels with vessel traffic information to prevent vessel traffic congestion and weather alerts and warnings issued by the Korea Meteorological Administration;
3. Providing vessels with port operational information, including vessel entry notifications, berth assignments, anchorage areas, pilotage, and towage, necessary for the efficient operation of the port within the waters of a trade port and designated facilities outside the waters as defined in subparagraph 2 of Article 2 of the Act on the Arrival and Departure of Ships;
4. Providing vessels with information on the enforcement of order in a commercial port under Articles 8, 8-2, and 9 through 18 of the Act on the Arrival and Departure of Ships;
5. Providing vessels with information on vessel departure control under Article 36 of the Maritime Traffic Safety Act;
6. Other duties prescribed by Decree of the Ministry of Oceans and Fisheries to enhance the safety and efficiency of vessel traffic.
Article 18-2(Vessel traffic service in vessel traffic service area beyond territorial sea) #
(1) The Commissioner General of the Korea Coast Guard may provide the following vessel traffic services to vessels subject to vessel traffic service within the vessel traffic service area beyond the territorial sea:
1. Provision of safety-related information or advice;
2. Provision of vessel traffic information to prevent vessel traffic congestion;
3. Provision of meteorological information, including marine weather warnings, under Article 14(2) of the Weather Act;
4. Provision of information or advice on other matters prescribed by Decree of the Ministry of Oceans and Fisheries for the safety of vessel traffic.
(2) The master of a vessel subject to vessel traffic service in a vessel traffic service area beyond the territorial sea may request, via vessel traffic service communication, vessel traffic services referred to in paragraph (1) from the vessel traffic service authority having jurisdiction over that vessel traffic service area, as prescribed by Presidential Decree.
(3) Article 14(4) and Article 15(1) shall apply mutatis mutandis to the methods of conducting vessel traffic service communication and related matters in vessel traffic service areas beyond the territorial sea.
[This Article Added on Dec. 20, 2024]
Article 19(Vessel traffic service operational procedures) #
Every vessel traffic service operator engaging in vessel traffic service duties shall perform such duties in accordance with the procedures prescribed by Decree of the Ministry of Oceans and Fisheries; provided, the vessel traffic service operator need not adhere to the vessel traffic service operational procedures where such operator recognizes that a vessel is at risk of an imminent accident.
Article 20(Authority of vessel traffic service operators) #
(1) A vessel traffic service operator may adjust the time of a vessel’s entry, departure, and movement within the vessel traffic service area when deemed necessary to ensure the safety of vessels, considering factors such as marine weather conditions, navigational conditions, maritime traffic density, and marine accidents. <Amended on Dec. 20, 2024>
(2) A vessel traffic service operator may request the dispatch of a patrol vessel and the assistance of pilotage or towage services immediately upon the occurrence of a marine accident within the vessel traffic service area.
Article 21(Installation and management of vessel traffic service equipment) #
(1) The Commissioner General of the Korea Coast Guard shall install equipment for vessel traffic services (hereinafter referred to as "vessel traffic service equipment"), such as radar, very high frequency radio, and the Automatic Identification System, for the implementation of vessel traffic services.
(2) For the management of vessel traffic service equipment, the Commissioner General of the Korea Coast Guard shall secure and maintain facilities and equipment necessary for the repair, etc. of the vessel traffic service equipment.
(3) Matters necessary for the installation and management of vessel traffic service equipment under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.
Article 22(Technical standards for vessel traffic service equipment) #
(1) Vessel traffic service equipment shall conform to the technical standards established under Article 45 of the Radio Waves Act.
(2) The Commissioner General of the Korea Coast Guard shall comply with the internationally recognized specifications and standards when installing new vessel traffic service equipment or upgrading the performance of existing equipment.
(3) The Commissioner General of the Korea Coast Guard shall establish standards for vessel traffic service equipment by Decree of the Ministry of Oceans and Fisheries to ensure the uniformity of its functions and specifications.
Article 23(Development of and support for technology) #
The Commissioner General of the Korea Coast Guard may promote the technical development of vessel traffic service equipment and provide necessary support as prescribed by Presidential Decree.
Article 24(Korea Vessel Traffic Service Association) #
(1) The Korea Vessel Traffic Service Association (hereinafter referred to as “Vessel Traffic Service Association”) may be established to perform vessel traffic services-related research and development, education and training, or other tasks entrusted by the Commissioner General of the Korea Coast Guard or other administrative agencies.
(2) The Vessel Traffic Service Association shall be a corporation.
(3) The Vessel Traffic Service Association shall perform the following projects:
1. Research activities for the performance of vessel traffic service duties by vessel traffic service operators;
2. Research and project implementation on education, training, and evaluation for vessel traffic service operators;
3. Research on the development and technical advancement of vessel traffic service equipment;
4. Investigation and research for the prevention of and countermeasures against marine accidents;
5. Research on the enactment and amendment of domestic and international laws and regulations related to vessel traffic services;
6. Academic exchange, information sharing, and mutual cooperation among domestic and international organizations in the field of vessel traffic services;
7. Other projects prescribed by Presidential Decree for the development of the field of vessel traffic services.
(4) The Commissioner General of the Korea Coast Guard may provide financial support to the Vessel Traffic Service Association within the budget, where deemed necessary, to ensure that the Vessel Traffic Service Association properly performs the projects under paragraph (1).
(5) Matters necessary for the projects, operation, etc. of the Vessel Traffic Service Association shall be prescribed by Presidential Decree.
(6) Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Vessel Traffic Service Association.
Article 25(Delegation and entrustment of authority and functions) #
(1) Authority vested in the Commissioner General of the Korea Coast Guard under this Act may be delegated partially to the heads of subordinate agencies and entities of the Korea Coast Guard, as prescribed by Presidential Decree.
(2) The Commissioner General of the Korea Coast Guard may entrust some functions under this Act to specialized institutions determined and publicly notified by the Commissioner General of the Korea Coast Guard, as prescribed by Presidential Decree.
Article 26(Penalty provisions) #
Any person who fails to comply with the instructions of a vessel traffic service operator under the main clause of Article 14(1) without good cause shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won. <Amended on Dec. 20, 2024>
Article 27(Administrative fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding 3 million won: <Amended on Dec. 20, 2024>
1. A person who fails to report as required under Article 14(3) or makes a false report;
2. A person who fails to equip a vessel with radio equipment, or fails to maintain a listening watch and respond to vessel traffic service communications, in violation of Article 14(4);
3. A person who fails to comply with the reporting procedures for vessels subject to vessel traffic service under Article 14(6);
4. A person who fails to make audio recordings of vessel traffic service communications and retain them, in violation of Article 15(2).
(2) Any person who fails to report as required under Article 14(5) or makes a false report shall be subject to an administrative fine not exceeding 2 million won.
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Commissioner General of the Korea Coast Guard, the commissioner of the regional coast guard or the chief of the coast guard station, as prescribed by Presidential Decree.