Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Acquisition and Management of Coast Guard Equipment and matters necessary for the enforcement thereof.
Article 2(Types of onboard equipment) #
"Equipment ... prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act on Acquisition and Management of Coast Guard Equipment (hereinafter referred to as the "Act") means the equipment specified in Appendix 1.
Article 3(Formulation of master plans and implementation plans for acquisition and management of coast guard equipment) #
(1) The Commissioner General of the Korea Coast Guard shall formulate a master plan for the acquisition and management of coast guard equipment (hereinafter referred to as “master for coast guard Equipment”) under Article 4 (1) of the Act, by November 30 of the year preceding the year in which the relevant master plan is to be implemented.
(2) The Commissioner General of the Korea Coast Guard shall formulate an implementation plan for the acquisition and management of coast guard equipment for the following year (hereinafter referred to as "implementation plan for coast guard equipment") under Article 4 (3) of the Act, by December 31 of each year.
(3) An implementation plan for coast guard equipment shall include the following:
1. Evaluation of the performance results of the implementation plan for coast guard equipment of the preceding year;
2. Project implementation objectives and tasks;
3. Detailed implementation plans for each project;
4. Other matters necessary for the acquisition and management of coast guard equipment.
(4) The Commissioner General of the Korea Coast Guard may request the heads of relevant central administrative agencies to submit materials if necessary to formulate a master for coast guard equipment and an implementation plan for coast guard equipment.
(5) The Commissioner General of the Korea Coast Guard shall notify the heads of relevant central administrative agencies of a master for coast guard equipment and an implementation plan for coast guard equipment formulated under paragraphs (1) and (2).
Article 4(Modification of important matters in master plans for coast guard equipment and implementation plans for coast guard equipment) #
"Important matters prescribed by Presidential Decree" in the latter part of Article 4 (4) of the Act means the following:
1. Mid- to long-term policy objectives and directions for implementation included in a master plan for coast guard equipment;
2. Project implementation objectives and tasks included in an implementation plan for coast guard equipment.
Article 5(Scope and methods of fact-finding surveys on acquisition and management of coast guard equipment) #
(1) The scope of fact-finding surveys on the acquisition and management of coast guard equipment under Article 6 (1) of the Act (hereinafter referred to as "fact-finding surveys on coast guard equipment") shall be as follows:
1. The current status of the acquisition and management of coast guard equipment;
2. The current status of personnel and technology for the acquisition and management of coast guard equipment;
3. International trends in coast guard equipment;
4. Matters regarding the development of coast guard equipment in response to changes in the domestic and international maritime public safety environment;
5. Other matters deemed necessary by the Commissioner General of the Korea Coast Guard for the formulation and implementation of a master plan for coast guard equipment and an implementation plan for coast guard equipment.
(2) A fact-finding survey on coast guard equipment shall be conducted by means of on-site or documentary surveys or other similar means and may be conducted by telephone, e-mail, or other similar means if necessary for the efficient conduct of such survey.
(3) When intending to conduct a fact-finding survey on coast guard equipment, the Commissioner General of the Korea Coast Guard shall formulate a fact-finding survey plan that includes the purpose, details, and period of the survey and provide a prior notice to a person subject to the survey.
Article 6(Scope of institutions or organizations conducting research and development projects) #
"Institutions or organizations prescribed by Presidential Decree, which conduct research, survey, technological development, etc. in the relevant fields" in Article 7 (2) 7 of the Act means the following institutions or organizations:
1. A public institution established under Article 4 of the Act on the Management of Public Institutions;
2. An industrial technology research cooperative established under the Industrial Technology Research Cooperatives Support Act;
3. A research institute specializing in manufacturing technology established under Article 42 of the Industrial Technology Innovation Promotion Act;
4. A medical corporation specified in Article 14 (1) 6 of the Basic Research Promotion and Technology Development Support Act;
5. A domestic or foreign research institute or organization that meets all of the following requirements:
a. The entity shall have at least 5 full-time researchers who have obtained a bachelor's degree or higher in the field of science and technology and have at least 3 years of research experience in that field;
b. The entity shall be equipped with research facilities and equipment necessary to conduct research, surveys, technological development, and other similar activities related to the field of coast guard equipment.
Article 7(Designation of professional personnel training institutions for coast guard equipment) #
(1) The Commissioner General of the Korea Coast Guard may designate an institution or organization that meets all of the following requirements as a professional personnel training institution under Article 8 (2) of the Act:
1. The entity shall meet the standards for educational facilities and personnel specified in Appendix 2;
2. The training programs and content of the entity shall be appropriate for training professional personnel for coast guard equipment;
3. The entity shall have a feasible financing plan for the expenses required to operate the training programs.
(2) An institution or organization seeking designation as a professional personnel training institution under paragraph (1) shall submit an application for designation in the form prescribed by Decree of the Ministry of Oceans and Fisheries, to the Commissioner General of the Korea Coast Guard, along with documents evidencing that it meets the requirements specified in the subparagraphs of that paragraph.
(3) The Commissioner General of the Korea Coast Guard shall issue a certificate of designation in the form prescribed by Decree of the Ministry of Oceans and Fisheries to a professional personnel training institution designated under paragraph (1) (hereinafter referred to as "professional personnel training institution for coast guard equipment").
(4) The standards for revoking the designation of professional personnel training institutions for coast guard equipment and for suspending business operations of such institutions under Article 8 (3) of the Act shall be as specified in Appendix 3.
(5) Upon designating a professional personnel training institution for coast guard equipment or revoking such designation under Article 8 (2) or (3) of the Act, the Commissioner General of the Korea Coast Guard shall publicly announce such fact in the Official Gazette or post it on the website of the Korea Coast Guard.
(6) Except as provided in paragraphs (1) through (5), matters necessary for the designation, revocation of the designation, operation, or other relevant aspects of professional personnel training institutions for coast guard equipment shall be prescribed by Decree of the Ministry of Oceans and Fisheries.
Article 8(Subsidization for professional personnel training institutions for coast guard equipment) #
The Commissioner General of the Korea Coast Guard may, under Article 8 (4) of the Act, fully or partially subsidize a professional personnel training institution for coast guard equipment to cover the following expenses incurred in training professional personnel:
1. Expenses necessary for the development of training programs and the development, provision, etc. of related materials;
2. Expenses necessary for the operation of training programs, including lecture fees and allowances for instructors;
3. Expenses incurred in purchasing equipment and materials for training programs and installing and operating educational facilities;
4. Expenses necessary for conducting surveys and research for training professional personnel.
Article 9(Safety assessment of coast guard equipment) #
The period and items for safety assessment that may be conducted by the Commissioner General of the Korea Coast Guard under Article 14 of the Act shall be as specified in Appendix 4.
Article 10(Selection of countries eligible for gratuitous transfer of coast guard equipment) #
(1) When selecting a developing country eligible for gratuitous transfer under Article 17 (1) of the Act, the Commissioner General of the Korea Coast Guard shall consider the following:
1. Potential for cooperation with the developing country in the fields of maritime safety, diplomacy, and defense industry;
2. The capacity of the developing country to manage and operate coast guard equipment.
(2) When selecting a developing country eligible for gratuitous transfer under paragraph (1), the Commissioner General of the Korea Coast Guard shall have a consultation with the heads of the following relevant administrative agencies:
1. The Minister of Economy and Finance;
2. The Minister of Foreign Affairs;
3. The Minister of National Defense;
4. The Administrator of the Defense Acquisition Program Administration;
5. The heads of other relevant administrative agencies with whom the Commissioner General of the Korea Coast Guard deems it necessary to have a consultation.
(3) When intending to gratuitously transfer coast guard equipment to a developing country selected under paragraphs (1) and (2), the Commissioner General of the Korea Coast Guard shall conduct an agreement that includes the specifications of the coast guard equipment to be gratuitously transferred, the methods of such transfer, and other relevant matters.
(4) Except as provided in paragraphs (1) through (3), the details necessary for the gratuitous transfer of decommissioned coast guard equipment shall be determined by the Commissioner General of the Korea Coast Guard.
Article 11(Education and training for coast guard equipment managers) #
(1) A coast guard equipment manager shall receive education and training for at least 16 hours each year under Article 18 (2) of the Act, which shall include the following:
1. Specifications (numerical indicators showing characteristics and performance such as dimensions and weight), performance, and operating methods of coast guard equipment;
2. Matters regarding safety inspections and safety management of coast guard equipment;
3. Other matters regarding the management and operation of coast guard equipment.
(2) The Commissioner General of the Korea Coast Guard may provide overseas education and training if necessary to enhance the capabilities of coast guard equipment managers to manage and operate such equipment.
Article 12(Qualifications of supervisors) #
The qualifications of supervisors under Article 19 (2) of the Act shall be as specified in Appendix 5.
Article 13(Delegation of authority) #
(1) The Commissioner General of the Korea Coast Guard shall delegate the authority to conduct safety assessments under Article 14 of the Act to the Chief of Korea Coast Guard Shipyard in accordance with Article 23 of the Act.
(2) The Commissioner General of the Korea Coast Guard shall delegate the authority to impose and collect administrative fines under Article 24 of the Act to the Commissioner of a Regional Korea Coast Guard in accordance with Article 23 of the Act.
Article 14(Re-examination of regulation) #
The Commissioner General of the Korea Coast Guard shall examine the appropriateness of the following every 3 years, counting from July 1, 2022 (referring to the period before July 1 of every third year) and shall take measures, such as making improvements:
1. Designation requirements for professional personnel training institutions under Article 7 (1) and Appendix 2;
2. The criteria for revoking the designation of professional personnel training institutions for coast guard equipment and for suspending business operations of such institutions under Article 7 (4) and Appendix 3.
Article 15(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 24 (1) of the Act shall be as specified in Appendix 6.