Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Promotion of the Provision and Use of Intelligent Maritime Transport Information Services and matters necessary for the enforcement thereof.
Article 2(Master plans for intelligent maritime transport information services) #
(1) If necessary to formulate and modify a master plan for intelligent maritime transport information services (hereinafter referred to as "master plan") under Article 5 (1) of the Act on Promotion of the Provision and Use of Intelligent Maritime Transport Information Services (hereinafter referred to as the "Act"), the Minister of Oceans and Fisheries may request the head of a relevant administrative agency, a public institution (referring to a public institution under Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), or other relevant agencies or organizations (hereinafter referred to as "relevant agencies") to submit materials, present opinions, or provide other necessary cooperation.
(2) If the Minister of Oceans and Fisheries intends to modify a master plan, the Minister shall hear opinions of the heads of relevant agencies in advance; provided, this shall not apply to the modification of the following minor matters:
1. Modification of the implementation schedule or methods, etc. of policies or projects within a scope that does not significantly affect the details of the master plan;
2. Correction of miscalculations, clerical errors, omissions, or other similar errors.
Article 3(Formulation and modification of annual implementation plans) #
(1) If necessary to formulate or modify an annual implementation plan under Article 6 (1) of the Act (hereinafter referred to as "implementation plan"), the Minister of Oceans and Fisheries may request the heads of related agencies to submit materials.
(2) When the Minister of Oceans and Fisheries formulates or modifies a master plan or an implementation plan, the Minister shall publish the details thereof in the Official Gazette or on the website of the Ministry of Oceans and Fisheries under Article 7 (2) of the Act.
Article 4(Types of maritime wireless communication networks) #
The maritime wireless communications networks established and operated by the Minister of Oceans and Fisheries under Article 8 (1) of the Act shall be as follows:
1. High-speed maritime wireless communication network (LTE-Maritime);
2. Other communication networks that the Minister of Oceans and Fisheries deems necessary for providing intelligent maritime transport information services, including communication networks that use frequencies allocated by the International Telecommunication Union (ITU) for such services.
Article 5(Request for joint use of wireless communication facilities) #
(1) The specific matters on which the Minister of Oceans and Fisheries shall, in accordance with the main clause of Article 9 (2) of the Act, have a prior consultation with telecommunications business operators, etc. under the provisions, with the exception of the subparagraphs, of paragraph (1) of that Article (hereinafter referred to as "telecommunications business operators, etc.") for the joint use of wireless communication facilities under paragraph (1) 2 of that Article shall be as follows:
1. Prior notification in the event of modification or expansion of wireless communication facilities;
2. Prompt notification in the event of a malfunction of wireless communication facilities, and mutual cooperation for the restoration of such malfunction and response measures.
(2) Urgent circumstances under which prior consultation by the Minister of Oceans and Fisheries with telecommunications business operators, etc., as referred to in Article 9 (2) of the Act, is impracticable shall be as follows; provided, in cases of a telecommunications business operator defined in subparagraph 8 of Article 2 of the Telecommunications Business Act, such urgent circumstances shall be deemed to exist only when the Minister of Science and ICT issues an order to restrict or suspend all or part of telecommunications business operations under Article 85 of that Act:
1. In the event of war, armed conflict, or a state of emergency equivalent thereto;
2. In the event of a national disaster, such as a declaration of a state of disaster under Article 36 (1) of the Framework Act on the Management of Disasters and Safety or a declaration of the designation of special disaster areas under Article 60 of that Act;
3. In the event of a marine accident defined in subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents.
Article 6(National Integrated Public Network Policy Council) #
(1) The Minister of Oceans and Fisheries shall establish and operate a National Integrated Public Network Policy Council to ensure interoperability between maritime wireless communication networks and public communication networks that share frequency bands under Article 10 of the Act.
(2) A working-level council shall be established under the National Integrated Public Network Policy Council under paragraph (1) to support the efficient operation of the Council, and a technical committee shall be established to review technical matters necessary for ensuring interoperability between public communication networks.
(3) The Vice Minister of Oceans and Fisheries shall serve as the chairperson of the National Integrated Public Network Policy Council under paragraph (1).
(4) Except as provided in paragraphs (1) through (3), matters necessary for the composition and operation of the National Integrated Public Network Policy Council shall be determined and publicly notified by the Minister of Oceans and Fisheries.
Article 7(Use of maritime wireless communication networks by relevant administrative agencies) #
(1) "Relevant administrative agencies or public institutions prescribed by Presidential Decree" in Article 11 of the Act means the following institutions:
1. The Ministry of the Interior and Safety;
2. The Ministry of Land, Infrastructure and Transport;
3. The Korea Meteorological Administration;
4. The Korea Coast Guard;
5. The Republic of Korea Navy;
6. The Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act (hereinafter referred to as the "Korea Maritime Transportation Safety Authority");
7. Other administrative agencies or public institutions that the Minister of Oceans and Fisheries deems as needing to use maritime wireless communications networks.
(2) If the head of an agency or institution specified in the subparagraphs of paragraph (1) intends to use a maritime wireless communication network under Article 11 of the Act, they shall request a consultation with the Minister of Oceans and Fisheries, specifying the purpose and period of use of the relevant network, the content and volume of information to be transmitted, and other relevant details.
(3) Upon receipt of a request for consultation under paragraph (2), the Minister of Oceans and Fisheries shall have a consultation in consideration of the purpose of use of the relevant maritime wireless communication network, the impact of such use on the provision of maritime transport information services, and other relevant factors.
(4) Except as provided in paragraphs (1) through (3), details regarding the use of maritime wireless communication networks shall be determined and publicly notified by the Minister of Oceans and Fisheries.
Article 8(Provision of maritime transport information) #
(1) The Minister of Oceans and Fisheries may provide maritime transport information offered through the intelligent maritime transport information system under Article 12 (1) of the Act, also via communication networks other than maritime wireless communication networks, such as websites or applications used on mobile communication devices.
(2) Matters necessary for the establishment and operation of websites, applications, or other similar platforms under paragraph (1) shall be determined and publicly notified by the Minister of Oceans and Fisheries.
Article 9(Operating personnel of maritime wireless communication networks) #
(1) The standards for personnel, facilities, and equipment that the Minister of Oceans and Fisheries shall secure for the operation of maritime wireless communication networks and the intelligent maritime transport information system under Article 13 (1) of the Act, shall be as specified in Appendix 1.
(2) Except as provided in paragraph (1), matters necessary for the operation of maritime wireless communication networks and the intelligent maritime transport information system shall be determined by the Minister of Oceans and Fisheries.
Article 10(Types of intelligent maritime transport information services) #
"Intelligent maritime transport information services prescribed by Presidential Decree" in Article 15 (1) 5 of the Act means the following intelligent maritime transport information services: <Amended on Jan. 16, 2024>
1. Intelligent maritime transport information services for traffic separation areas under Article 75 (1) of the Sea Traffic Safety Act;
2. Other intelligent maritime transport information services deemed necessary by the Minister of Oceans and Fisheries to enhance the safety and efficiency of maritime traffic.
Article 11(Intelligent Maritime Transport Information Services Policy Council) #
(1) The Minister of Oceans and Fisheries shall establish and operate an Intelligent Maritime Transport Information Services Policy Council (hereinafter referred to as the “Policy Council”) under Article 23 (1) of the Act.
(2) "Matters prescribed by Presidential Decree" in Article 23 (1) 5 the Act means the following:
1. Matters regarding the promotion of technological development and advancement under Article 14 of the Act;
2. Matters regarding the provision of maritime transport information under Article 17 of the Act;
3. Matters regarding protective measures under Article 20 of the Act;
4. Other matters deemed by the Minister of Oceans and Fisheries as requiring consultation in relation to intelligent maritime transport information services.
(3) The Vice Minister of Oceans and Fisheries shall serve as the chairperson of the Policy Council, and the following persons shall serve as its members:
1. One person designated by the head of each of the following agencies from among director-general-level public officials of the relevant agency: The Ministry of Economy and Finance, the Ministry of Science and ICT, the Ministry of the Interior and Safety, the Ministry of Land, Infrastructure, and Transport, the Ministry of Oceans and Fisheries, the National Fire Agency, the Korea Meteorological Administration, and the Korea Coast Guard;
2. One flag officer of the Republic of Korea Navy designated by the Chief of Naval Operations;
3. One executive officer from each of the following institutions or organizations, designated by the head of the relevant institution or organization:
a. The Korea Maritime Transportation Safety Authority;
b. The National Federation of Fisheries Cooperatives established under the Fisheries Cooperatives Act;
c. The Korea Shipping Association established under the Korea Shipping Association Act;
d. The Korea Marine Environment Management Corporation established under Article 96 of the Marine Environment Management Act;
e. An association determined by the Minister of Oceans and Fisheries from among associations established with permission from the Minister under Article 32 of the Civil Act, whose members include those who have filed for registration of overseas cargo transportation services under Article 24 of the Shipping Act;
Article 12(Scope of artificial structures) #
"Artificial structures, etc. prescribed by Presidential Decree" in the latter part of Article 26 (2) of the Act means the following: <Amended on May 7, 2024; Sep. 10, 2024>
1. Designated cultural heritage under the Act on Conservation and Utilization of Cultural Heritage, registered cultural heritage under the Act on the Conservation and Utilization of Modern and Contemporary Cultural Heritage, and natural monuments, etc. under the Act on Conservation and Utilization of Natural Heritage;
2. Artificial structures, buried objects, equipment, bamboo trees, or other plants located within protected areas under the Act on Conservation and Utilization of Cultural Heritage or within protected areas under the Act on Conservation and Utilization of Natural Heritage;
3. Protective facilities under the Act on Conservation and Utilization of Cultural Heritage or the Act on Conservation and Utilization of Natural Heritage;
4. Protected trees designated under Article 13 (1) of the Forest Protection Act;
5. Fixed installations of radio stations permitted under Article 19 of the Radio Waves Act, such as transmitting and receiving equipment or antenna stands.
Article 13(Entrustment of tasks) #
(1) The Minister of Oceans and Fisheries may, in accordance with Article 28 of the Act, entrust the following tasks to a corporation, institution, or organization designated under paragraph (2):
1. Establishment and advancement of maritime wireless communication networks under Article 8 of the Act;
2. Establishment and advancement of the intelligent maritime transport information system under Article 12 of the Act;
3. Implementation of matters to promote the development and advancement of technologies related to intelligent maritime transport information services specified in the subparagraphs of Article 14 (1) of the Act;
4. Provision of maritime transport information and collection of fees under Article 17 of the Act;
5. Education and public relations projects under Article 19 of the Act;
6. Promotion of international cooperation regarding the matters specified in the subparagraphs of Article 24 of the Act.
(2) The Minister of Oceans and Fisheries shall designate a person to be entrusted with the tasks specified in the subparagraphs of paragraph (1) from among the following corporations, institutions, or organizations:
1. Nonprofit corporations established under the Civil Act or other statutes for the purpose of performing tasks regarding intelligent maritime transport information services;
2. Other institutions or organizations recognized by the Minister of Oceans and Fisheries as having expertise in intelligent maritime transport information services.
(3) If the Minister of Oceans and Fisheries entrusts tasks under paragraphs (1) and (2), the Minister shall publicly announce the entrusted institution and the details of the entrusted tasks in the Official Gazette, on the website of the Ministry of Oceans and Fisheries, or through any other relevant medium.
Article 14(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 31 (1) and (2) of the Act shall be as specified in Appendix 2.