ACT ON ESTABLISHMENT AND OPERATION OF KOREA COAST GUARD AUXILIARY

Article 1(Purpose) #

The purpose of this Act is to prescribe matters necessary for the establishment, operation, etc. of the Korea Coast Guard Auxiliary to systematically support the duties of the Korea Coast Guard related to aquatic rescue and relief and the response to and prevention of distress accidents on the surface of the sea.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "surface of the sea" means the current or surface of the sea defined in subparagraph 7 of Article 2 of the Water-Related Leisure Activities Safety Act;

2. The term “aquatic rescue and relief” means aquatic rescue and relief defined in subparagraph 4 of Article 2 of the Act on the Search and Rescue in Waters;

3. The term “distress accident” means a distress accident defined in subparagraph 5 of Article 2 of the Act on the Search and Rescue in Waters.

Article 3(Establishment of Korea Coast Guard Auxiliary) #

(1) The Commissioner General of the Korea Coast Guard may establish a Korea Coast Guard Auxiliary to support the duties of the Korea Coast Guard related to aquatic rescue and relief operations and the prevention and response activities for distress accidents on the surface of the sea.

(2) The Korea Coast Guard Auxiliary under paragraph (1) shall be established in a Metropolitan City, Do, Special Self-Governing Province, Si, Eup, or Myeon where each coast guard station is located.

(3) The authority of the Commissioner General of the Korea Coast Guard under paragraph (1) may be delegated to the head of an affiliated agency, as prescribed by Presidential Decree.

(4) Other matters necessary for the establishment, etc. of the Korea Coast Guard Auxiliary shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 4(Relationship to other statutes) #

Except as otherwise provided in other statutes, the establishment and operation of the Korea Coast Guard Auxiliary shall be governed by this Act.

Article 5(Designation and operation of Korea Coast Guard Auxiliary Day) #

(1) December 23 of each year shall be designated as Korea Coast Guard Auxiliary Day to publicize the service and noble spirit of sacrifice of the Korea Coast Guard Auxiliary and to honor their achievements.

(2) The Commissioner General of the Korea Coast Guard may hold commemorative events on the Korea Coast Guard Auxiliary Day under paragraph (1), as prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 6(Commissioning and dismissal of members of Korea Coast Guard Auxiliary) #

(1) The chief of a coast guard station may commission, as a member of the Korea Coast Guard Auxiliary, a resident or permanent resident of the relevant area who wishes to serve and meets any of the following criteria:

1. A person, such as a resident knowledgeable about local waters, who is capable of assisting the Korea Coast Guard in maritime rescue and distress accident response and prevention activities;

2. A person holding a life guard certification under Article 30-2 of the Act on the Search and Rescue in Waters;

3. A person holding a craftsman diver or industrial engineer diver certification obtained through an examination administered by the Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act;

4. A person with an academic background or career experience in diving, vessel, or maritime-related fields as prescribed by Decree of the Ministry of Oceans and Fisheries;

5. A person holding a medical license, a nursing license, or an emergency medical technician certification;

6. Other persons possessing skills or talents necessary for the activities of the Korea Coast Guard Auxiliary.

(2) The chief of a coast guard station may dismiss a member of the Korea Coast Guard Auxiliary, after hearing the opinion of the chief of the relevant Korea Coast Guard Auxiliary in any of the following cases:

1. Where the member’s whereabouts are unknown;

2. Where the member relocates outside the jurisdiction; provided, this shall not apply where such relocation is deemed not to hinder the member's activities as a member of the Korea Coast Guard Auxiliary, such as prompt arrival at disaster sites;

3. Where the member is deemed unable to perform duties due to a mental or physical disability;

4. Where the member neglects duties or fails to fulfill official obligations;

5. Where the member violates the duty to refrain from prohibited acts under Article 11;

6. Where the member falls under any other grounds prescribed by Decree of the Ministry of Oceans and Fisheries.

(3) Other matters necessary for the commissioning and dismissal of members of the Korea Coast Guard Auxiliary shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 7(Organization) #

(1) The Korea Coast Guard Auxiliary shall consist of a commander, deputy commander, chief, squad leader, or member.

(2) The commander and the deputy commander shall be commissioned by the Commissioner General of the Korea Coast Guard upon the recommendation of the chief of the competent coast guard station having jurisdiction among members of the Korea Coast Guard Auxiliary, and deputy commanders and squad leaders shall be commissioned by the chief of the coast guard station.

(3) Other matters necessary for the organization, operation, etc. of the Korea Coast Guard Auxiliary shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 8(Duties) #

The duties of the Korea Coast Guard Auxiliary shall be as follows:

1. Assistance in search, rescue, and salvage activities in the event of distress accidents on the surface of the sea;

2. Assistance in distress accident prevention activities, such as patrols and safety inspections of vessels, etc., in the event of disasters, such as typhoons;

3. Promotional activities to promote maritime safety culture;

4. Activities requested by the head of a local government to ensure maritime safety, etc. within the jurisdiction;

5. Other matters prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 9(Wearing of uniforms) #

(1) When performing duties under Article 8, a member of the Korea Coast Guard Auxiliary shall wear a uniform and carry an identification card; provided, this shall not apply where wearing a uniform and carrying an identification card is impracticable in cases of emergency or for other unavoidable reasons prescribed by Decree of the Ministry of Oceans and Fisheries, such as rescuing a person in distress.

(2) Upon application for the issuance of a career certificate by a member or former member of the Korea Coast Guard Auxiliary, the chief of a coast guard station shall issue and manage such certificate.

(3) Matters necessary for the uniforms, identification cards, and career certificates of members of the Korea Coast Guard Auxiliary shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 10(Mobilization and dispatch to scene) #

(1) The Commissioner General of the Korea Coast Guard, the Commissioner of a Regional Korea Coast Guard, and the chief of a coast guard station (hereinafter referred to as the "Commissioner General of the Korea Coast Guard, etc.") may mobilize members of the Korea Coast Guard Auxiliary when necessary to provide assistance in the duties of the Korea Coast Guard related to aquatic rescue and relief and the prevention of and response to distress accidents on the surface of the sea.

(2) Members of the Korea Coast Guard Auxiliary shall respond to the scene of disasters, such as distress accidents, in compliance with mobilization orders under paragraph (1), and shall provide assistance in the duties of the Korea Coast Guard under the command and supervision of the Commissioner General of the Korea Coast Guard, etc.

(3) Notwithstanding paragraphs (1) and (2), members of the Korea Coast Guard Auxiliary may voluntarily perform duties, such as aquatic rescue and relief and the prevention of and response to distress accidents, in urgent or special cases, such as communication failure, even without mobilization orders from the Commissioner General of the Korea Coast Guard, etc. In such cases, the chief of the Korea Coast Guard Auxiliary shall report to the Commissioner General of the Korea Coast Guard, etc., regarding such duties, as prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 11(Prohibited acts) #

No member of the Korea Coast Guard Auxiliary shall conduct any of the following acts under the name of the Korea Coast Guard Auxiliary:

1. Soliciting donations;

2. Using the name of the Korea Coast Guard Auxiliary for profit-making purposes;

3. Engaging in political activities;

4. Participating in lawsuits, disputes, or labor disputes;

5. Other acts prejudicial to the honor of the Korea Coast Guard Auxiliary.

Article 12(Guidance on and supervision over service) #

The Commissioner General of the Korea Coast Guard, etc. shall provide guidance on and supervision over service so that members of the Korea Coast Guard Auxiliary may maintain their dignity.

Article 13(Management, support, education, and training) #

(1) The Commissioner General of the Korea Coast Guard, etc. shall manage and support members of the Korea Coast Guard Auxiliary and shall provide them with education and training, as necessary to enable them to perform their duties under Article 8.

(2) The Commissioner General of the Korea Coast Guard, etc. may entrust the management, support, education, and training under paragraph (1) to the Maritime Rescue and Salvage Association of Korea established under Article 26 of the Act on the Search and Rescue in Waters, as prescribed by Decree of the Ministry of Oceans and Fisheries. In such cases, subsidies for all or part of the necessary expenses may be provided within the budget.

(3) Matters necessary for management and support and the details, frequency, methods, etc. of education and training under paragraph (1) shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 14(Payment of expenses) #

(1) The Commissioner General of the Korea Coast Guard, etc. may pay allowances and actual expenses (hereinafter referred to as "expenses") as prescribed by Decree of the Ministry of Oceans and Fisheries when a member of the Korea Coast Guard Auxiliary performs duties under Article 8 or participates in education and training under Article 13 (1).

(2) The Commissioner General of the Korea Coast Guard, etc. may lend or provide uniforms necessary for the rescue activities of members of the Korea Coast Guard Auxiliary or may lend equipment gratuitously.

(3) The head of a local government may, if necessary, provide financial support for all or part of the expenses incurred by members of the Korea Coast Guard Auxiliary in performing duties under Article 8 within the local government’s jurisdiction.

Article 15(Performance-based awards) #

(1) The Commissioner General of the Korea Coast Guard, etc. may evaluate and manage the performance records of each member of the Korea Coast Guard Auxiliary and grant performance-based awards accordingly.

(2) Matters necessary for the evaluation and management methods of the performance records for the Korea Coast Guard Auxiliary and its individual members, as well as awards, etc. under paragraph (1), shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 16(Gratuitous lending of public property) #

(1) Notwithstanding the provisions of the Public Property and Commodity Management Act, a local government may lend necessary goods, such as rescue equipment, to members of the Korea Coast Guard Auxiliary or allow them to use such goods without compensation.

Article 17(Compensation for accidents) #

(1) If a member of the Korea Coast Guard Auxiliary contracts a disease, sustains an injury (including a resulting physical disability), or dies (including death resulting from injury) in the course of performing duties under Article 8 or participating in education and training under Article 13 (1), the State or a local government shall pay compensation to the injured member or the bereaved family.

(2) If a member of the Korea Coast Guard Auxiliary contracts a disease or sustains an injury (including a resulting physical disability) in the course of performing duties under Article 8 or participating in education and training under Article 13 (1), the State or a local government shall provide medical treatment, as prescribed by Presidential Decree.

(3) The State or a local government may subscribe to insurance to cover compensation and medical expenses under paragraphs (1) and (2).

(4) Article 29 (3) through (6) of the Act on Search and Rescue on Waters shall apply mutatis mutandis to the standards, procedures, etc. for compensation or medical treatment under paragraphs (1) and (2).