Public Order In Open Ports Act


Published: 2013-03-23

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to prescribe matters necessary for maintaining the safety and order of vessel traffic within open ports. <Amended by Act No. 10796, Jun. 15, 2011>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
1. The term "open port" means a port which the ships of Korean or foreign nationality may enter and leave at all times;
2. The term "preferred give-way vessel" means any of the following vessels, which sails mainly in the boundaries of open ports, avoiding routes of other ships:
(a) Barges;
(b) Boats;
(c) Ships which are operated mainly by oars and poles;
(d) Towing vessels;
(e) Tugboats and barges (excluding pusher barges interconnected to tugboats);
(f) Ships owned by a person who has registered harbor transport-related business pursuant to Article 26-3 (1) of the Harbor Transport Business Act;
(g) Ships owned by a person who has registered marine environment management business pursuant to Article 70 (1) of the Marine Environment Management Act (excluding ships registered for ocean waste discharge business);
(h) Ships, the gross tonnage of which is less than 20 tons, which do not fall under the provisions of items (a) through (g).
3. The term "anchorage" means that a ship casts an anchor to the bottom of the sea and stops sailing on the sea;
4. The term "berth" means a place where a ship may anchor;
5. The term "stoppage" means that a ship temporarily stops operating on the sea;
6. The term "moorage" means to moor a ship to other facilities;
7. The term "laid-up ships" means ships which are at anchor or moored for a long time, and which are not in service;
8. The term "sea route" means a waterway designated and announced pursuant to Article 11, which is used as a passage for entering or leaving a port;
9. The term "hazardous materials" means substances having a risk of catching a fire, explosion, etc., or causing harm to the human body or the marine environment, which are prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That hazardous materials used in the relevant ship shall be excluded for navigation of a ship or safety of human life;
10. The term "person in charge of hazardous materials" means the captain of a ship transporting hazardous materials pursuant to Article 7 (1) 1 and a person handling them.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 3 (Open Ports)   print
An open port and its boundaries shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 4 Deleted. <by Act No. 10796, Jun. 15, 2011>   print
CHAPTER II ENTRANCE, CLEARANCE AND ANCHORAGE
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 Article 5 (Reports on Entry and Exit)   print
Any ship (excluding the following ships) which enters or leaves harbor facilities, such as anchorages, routes outside the boundaries designated and announced by the Minister of Oceans and Fisheries, within the boundaries of an open port prescribed by Presidential Decree pursuant to Article 3 and among harbor facilities listed in subparagraph 5 (a) of Article 2 of the Harbor Act, shall be reported to the Minister of Oceans and Fisheries, as prescribed by Presidential Decree: Provided, That in cases of war or national emergency corresponding thereto, or when necessary for national security, it shall obtain permission of the Minister of Oceans and Fisheries: <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
1. Ships, the gross tonnage of which is less than 5 tons;
2. Ships engaged in rescue of marine accidents;
3. Other ships prescribed by Ordinance of the Ministry of Oceans and Fisheries for efficiency of port management.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 6 (Berth, etc.)   print
(1) A ship which anchors within the boundaries, etc. of an open port (excluding preferred give-way-vessels) shall do so in a berthage or berth designated and announced by the Minister of Oceans and Fisheries depending on the types, tonnage or draft of ships or kinds of cargoes on board: Provided, That the foregoing shall not apply in any case where it is inevitable to avoid a marine accident or other unavoidable causes exist. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) No preferred give-way vessel shall anchor or stop at a place where it might obstruct navigation of other ships. <Amended by Act No. 10796, Jun. 15, 2011>
(3) The captain of a ship who has anchored at a place, other than a berthage or berth, under the proviso to paragraph (1) shall immediately report such fact to the Minister of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 7 (Repair and Mooring)   print
(1) Any person who intends to repair any of the following ships by means of welding, etc. which generates flames or heat, within the boundaries, etc. of an open port shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That in cases of a ship under subparagraph 2, such permission shall be obtained only when repair work is carried out in an engine room, fuel tank, or any other dangerous areas inside the ship determined by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
1. Ships which store and transport hazardous materials, and ships with the risk of fire or explosion due to inflammable substances or explosive gases remaining even after hazardous materials are unloaded (hereinafter referred to as "ships transporting hazardous materials");
2. Ships, the gross tonnage of which is not less than 20 tons.
(2) Any person who intends to repair a ship, the gross tonnage of which is not less than 20 tons, by means of welding, etc. which generates flames or heat outside the dangerous areas under the proviso to paragraph (1) shall report thereon to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(3) Any person who intends to moor a ship in the boundaries, etc. of an open port, the gross tonnage of which is not less than 20 tons, shall report thereon to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(4) Any person who intends to repair or moor a ship pursuant to paragraphs (1) through (3) shall do so at a place designated by the Minister of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(5) If deemed necessary for the safety of a ship under repair or being moored, the Minister of Oceans and Fisheries may order the owner or lessee of the ship to have the crew necessary for maintaining its safety on board. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 8 Deleted. <by Act No. 5916, Feb. 8, 1999>   print
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 Article 9 (Order to Move)   print
(1) If deemed necessary for efficient operation of an open port, the Minister of Oceans and Fisheries may order a ship within the boundaries, etc. of the open port to move to another place inside or outside the boundaries of the port. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) In times of war or national emergencies similar thereto, or if necessary for national security, the Minister of Oceans and Fisheries may order a ship within the boundaries, etc. of an open port to move to another open port. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 10 (Restrictions on, and Methods of Anchorage, etc.)   print
(1) No ship shall anchor or stop in any of the following places within the boundaries, etc. of an open port:
1. Waters adjacent to a quay, pier, wharf, mooring buoy, dolphin or dock;
2. Rivers, canals or waters adjacent to the entrance of a small craft harbor or narrow waterways.
(2) Notwithstanding paragraph (1), the same shall not apply to the following cases:
1. When it is impossible to steer a ship due to a breakdown;
2. When evacuation is inevitable due to distress, etc.;
3. When a human life is saved or a ship in imminent danger is saved.
(3) Except for restrictions on anchorage or stoppage of a ship under paragraph (1), detailed restrictions concerning anchorage or stoppage of ships in each open port may be determined and announced by the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Measures for safety of ships shall be taken, such as removing anchor fastening devices to ensure that ships anchored within the boundaries, etc. of open ports can drop spare anchors without delay, and a powerboat shall maintain its engine its engine to be steered immediately.
(5) The Minister of Oceans and Fisheries may order a ship anchored at an open port to change the place or method of anchorage if deemed necessary for safety of ships anchored. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10796, Jun. 15, 2011]
CHAPTER III SEA ROUTES AND NAVIGATION
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 Article 11 (Sea Routes, etc.)   print
(1) A ship, other than preferred give-way vessels, which enters or leaves the boundaries, etc. of an open port, or passes through the boundaries, etc. of an open port shall navigate along the sea route designated and announced by the Minister of Oceans and Fisheries: Provided, That the foregoing shall not apply in any case where it is inevitable to avoid a marine accident or other unavoidable causes exist. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) If specifically necessary for ensuring the safety of ships entering and leaving the boundaries, etc. of an open port, the Minister of Oceans and Fisheries may designate a waterway beyond the boundaries of an open port as a sea route and make a public notification thereof. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 12 (Prohibition against Anchorage, etc. on Sea Routes)   print
(1) Except for any of the following cases, no ship shall anchor or stop on a sea route and neither ship under tow nor floating object shall be left on a sea route: <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
1. When a marine accident needs to be avoided;
2. When it is impossible to steer a ship due to a breakdown or any other reasons;
3. When a human life is saved or a vessel in imminent danger is rescued;
4. When the ship is engaged in construction or operations permitted by the Minister of Oceans and Fisheries under Article 33.
(2) If a ship is to anchor or stop on a sea route for reasons falling under paragraph (1) 1 through 3, such fact shall be reported to the Minister of Oceans and Fisheries. In such cases, the ship falling under subparagraph 2 of the same paragraph shall display signs under Article 85 of the Maritime Safety Act.<Amended by Act No. 10796, Jun. 15, 2011; Act No. 10801, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 13 (Navigation)   print
(1) All ships shall navigate in accordance with the following navigation methods on a sea route within the boundaries, etc. of an open port: <Amended by Act No. 10801, Jun. 15, 2011>
1. Any ship which enters or leaves a sea route shall navigate, while avoiding the course of other ships navigating the sea route;
2. No ship shall navigate side by side on a sea route;
3. When a ship is likely to collide with any other ship on a sea route, it shall navigate to the right;
4. No ship shall overtake any other ship on a sea route: Provided, That it is allowed to overtake any other ship, using a method mentioned in Article 67 (5) or Article 71 of the Maritime Safety Act, when it is deemed that a ship to be overtaken is visible and it can safely overtake any other ship;
5. No ship shall interfere with the course of a ship transporting hazardous materials which is navigating on the sea route, (excluding a tank vessel, among ships referred to in subparagraph 2 (f) of Article 2) or a vessel with freeboard under subparagraph 14 of Article 2 of the Maritime Safety Act.
(2) No sail boat shall navigate a sea route in zigzags within the boundaries, etc. of an open port.
(3) Except as otherwise prescribed in paragraph (1), the Minister of Oceans and Fisheries may separately determine and announce matters concerning navigation, etc. if deemed specifically necessary for the safety of vessel traffic. In such cases, ships shall navigate in accordance with the aforementioned matters. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10796, Jun. 15, 2011]
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 Article 14 (Shunting)   print
When a powerboat has a risk of, when it enters a port, colliding with a ship leaving the port, at or near the entrance of the breakwater, it shall avoid the course of the ship leaving the port at the outside of the breakwater.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 15 (Restrictions on Speed, etc.)   print
(1) A ship navigating within the boundaries, etc. of an open port or near such boundaries shall navigate at such speed so as not to endanger other ships. <Amended by Act No. 10796, Jun. 15, 2011>
(2) A sailboat within the boundaries, etc. of an open port shall navigate with its sails lowered or shall be towed by a tugboat. <Amended by Act No. 10796, Jun. 15, 2011>
(3) The Commissioner General of Korea Coast Guard may request the Minister of Oceans and Fisheries having jurisdiction over an open port in which the high-speed navigation of any ship is deemed likely to inflict substantial damage on other ships to designate the maximum navigation speed of ships within the boundaries, etc. of the said open port. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(4) If the Minister of Oceans and Fisheries receives a request from the Commissioner General of Korea Coast Guard under paragraph (3), he/she shall designate and announce the maximum navigation speed within boundaries, etc. of an open port, in the absence of justifiable reasons to the contrary. In such cases, ships shall navigate within the announced maximum navigation speed. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 16 (Navigation in Vicinity of Breakwater, Wharf, etc.)   print
If a ship sails within the boundaries of an open port with its starboard facing a breakwater, wharf, part of land extending out into the sea, projected part of a structure, such as pier or any other ship anchored (hereafter in this Article referred to as "breakwater, etc."), it shall pass close by the breakwater, etc. while, if a ship sails with its portside facing the breakwater, etc., it shall pass far from the breakwater, etc.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 18 (Navigation Methods of Tugboats)   print
When a tugboat tows another ship within the boundaries, etc. of an open port, it shall comply with the manner determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 19 (Distance between Navigating Ships)   print
If two or more ships sail within the boundaries, etc. of an open port, they shall maintain a reasonable distance from one another, which is far enough to prevent collision. <Amended by Act No. 10796, Jun. 15, 2011>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
CHAPTER IV HAZARDOUS MATERIALS
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 Article 20 (Conveyance of Hazardous Materials into Port Boundaries)   print
(1) Any person who intends to convey hazardous materials into the boundaries, etc. of an open port shall report thereon to the Minister of Oceans and Fisheries before entering such boundaries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) Upon receiving such report under paragraph (1), the Minister of Oceans and Fisheries may restrict the categories and quantities of hazardous materials conveyable into the boundaries, etc. of an open port, or issue an order to take necessary safety measures, as prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of safety, prevention of pollution and the storage capacity of the open port. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 21 (Anchorage, etc. of Ship Transporting Hazardous Materials)   print
No ship transporting hazardous materials may anchor or stop at a place other than the place designated by the Minister of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 22 (Loading or Unloading of Hazardous Materials)   print
(1) Any person who intends to load or unload hazardous materials on or from a ship within the boundaries, etc. of an open port shall establish an internal safety control plan, as prescribed by Presidential Decree, and obtain the approval thereof from the Minister of Oceans and Fisheries. The same shall also apply where the person intends to modify matters prescribed by Presidential Decree from among approved matters. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may, if deemed necessary for the safety of a port, issue an order to modify an internal safety control plan under paragraph (1). <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(3) If the Minister of Oceans and Fisheries deems it inappropriate to load or unload hazardous materials within boundaries, etc. of an open port due to bad weather, etc., he/she may have the person who obtains approval under paragraph (1) prohibit or suspend such loading or unloading or load or unload them in a designated place outside port boundaries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(4) A ship, on or from which hazardous materials are loaded or unloaded in a designated place outside port boundaries under paragraph (3), shall be deemed a ship within the boundaries, etc. of an open port.<Amended by Act No. 10796, Jun. 15, 2011>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 23 (Safety Measures, etc. in Handling Hazardous Materials)   print
(1) Any person who handles hazardous materials within the boundaries, etc. of an open port shall take necessary safety measures, such as provision of fire-fighting equipment and assignment of safety managers prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) Qualifications for safety managers under paragraph (1) and standards for assignment of such qualifications shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries may order a person handling hazardous materials who fails to take safety measures under paragraph (1) to strengthen or improve facilities, personnel, equipment, etc. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 23-2 (Designation of Educational Institutions and Revocation Thereof)   print
(1) The Minister of Oceans and Fisheries may designate and announce educational institutions for education of safety managers handling loaded fluid hazardous materials, among safety managers referred to in Article 23 (1). <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for the designation and operation of educational institutions, such as standards for designation of educational institutions pursuant to paragraph (1) and details of education shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries may check and inspect education plans, track record, etc. of educational institutions, and may issue a corrective order if necessary as the result of such checking or inspection. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The Minister of Oceans and Fisheries may revoke the designation of an educational institution when it falls under any of the following subparagraphs: Provided, That he/she shall revoke such designation, when it falls under subparagraph 1: <Amended by Act No. 11690, Mar. 23, 2013>
1. When it is designated as an educational institution by deceit or other wrongful means;
2. When it reports false education track record;
3. When it fails to comply with a corrective order issued under paragraph (3);
4. When it has shown no education records for at least two years from the date of designation as an educational institution;
5. When an educational institution is deemed to have a difficulty in performing its duties by the Minister of Oceans and Fisheries.
(5) When the Minister of Oceans and Fisheries revokes designation in accordance with paragraph (4), he/she shall hold hearings. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10796, Jun. 15, 2011]
CHAPTER V PRESERVATION OF WATERWAYS
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 Article 24 (Prohibition of Dumping Harmful Substances, etc.)   print
(1) No person shall dump wastes, such as soil, stones, wood, and fishing implements, which might hinder the safe navigation of ships within the boundaries, etc. of an open port or with a ten-kilometer distance outside the boundaries of an open port. <Amended by Act No. 9734, May 27, 2009; Act No. 10796, Jun. 15, 2011>
(2) Deleted. <by Act No. 5916, Feb. 8, 1999>
(3) Any person who loads or unloads a ship with things, such as coal, stone, and brick, which are easily scattered in the boundaries, etc. of an open port or near such boundaries shall take measures necessary for preventing such things from falling into the water surface, as prescribed by Presidential Decree. <Amended by Act No. 9734, May 27, 2009; Act No. 10796, Jun. 15, 2011>
(4) The Minister of Oceans and Fisheries may order a person who has dumped wastes in contravention of paragraph (1), or who has dropped scatterable things into the water surface in contravention of paragraph (3), to remove such wastes or things. <Amended by Act No. 9734, May 27, 2009; Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
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 Article 25 (Measures to be taken in Case of Marine Accidents, etc.)   print
(1) The captain of a ship in distress, which might be dangerous to the navigation of other ships or the safety of the harbor due to a disaster, such as a marine accident and fire, in the boundaries, etc. of an open port or near such boundaries shall immediately take measures necessary for preventing any danger to other ships, such as setting up a sign. <Amended by Act No. 10796, Jun. 15, 2011>
(2) When the captain of a ship in distress under paragraph (1) is unable to take measures under paragraph (1), he/she may request necessary measures to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(3) When the Minister of Oceans and Fisheries has taken measures under paragraph (2), the owner or lessee of the relevant ship shall pay the expenses incurred in taking such measures to the Minister of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(4) The method of calculation and procedures for payment of expenses under paragraph (3) shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 26 (Removal of Obstacles, etc.)   print
(1) When any article, which is likely to obstruct or endanger the navigation of a ship in the boundaries, etc. of an open port, including drifting or sunken articles, (hereafter referred to as "obstacles, etc." in this Article and Article 42), is found, the Minister of Oceans and Fisheries may order the owner or occupant of such obstacles, etc. to remove them. <Amended by Act No. 11690, Mar. 23, 2013>
(2) In any of the following cases, the Minister of Oceans and Fisheries may take necessary measures, such as removing the relevant obstacles without taking the procedures referred to in Article 3 (1) and (2) of the Administrative Vicarious Execution Act if taking such procedures can defeat the relevant purpose. In such cases, expenses incurred in relation to removal, etc. shall be borne by the owner or occupant of the relevant article, and if the owner or occupant thereof is unknown, the article shall be disposed of and proceeds therefrom shall be appropriated for expenses incurred in removing obstacles, etc, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013>
1. When the owner or occupant of an article fails to comply with an order issued under paragraph (1);
2. When the owner or occupant of an article is unknown;
3. When harbor facilities referred to in Article 5 are repeatedly and habitually occupied and used in an illegal manner;
4. When it is necessary to swiftly remove obstacles, etc. as such obstacles, etc. are likely to obstruct or endanger the navigation of a ship.
(3) Vicarious execution under paragraph (2) shall be limited to the minimum extent necessary for the safety of vessel traffic or maintenance of order.
(4) Matters necessary for preserving and handling obstacles, etc. removed by various execution under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10796, Jun. 15, 2011]
CHAPTER VI LIGHTS AND SIGNAL
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 Article 27 (Restriction on Blowing Steam Whistles, etc.)   print
No ship may blow a steam whistle or siren within the boundaries of an open port in the absence of justifiable reasons to the contrary.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 28 (Vessel Traffic Control, etc.)   print
(1) When a ship enters or leaves the boundaries, etc. of an open port, or moves within such boundaries, etc. it shall follow vessel traffic control prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Ships falling under items (d) through (g) of subparagraph 2 of Article 2, ships which have obtained permission for construction, etc. pursuant to Article 33 (1) and ships which have obtained a permit to host events, such as boat race events, pursuant to Article 34 (1) shall be equipped with radio equipment, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10796, Jun. 15, 2011]
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 Article 29 Deleted. <by Act No. 5916, Feb. 8, 1999>   print
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 Article 30 Deleted. <by Act No. 5916, Feb. 8, 1999>   print
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 Article 31 (Fire Alarms)   print
(1) When a fire occurs in a ship equipped with a steam whistle or siren within the boundaries, etc. of an open port, it shall blow the steam whistle or siren in a prolonged tone (referring to a sound lasting four to six seconds) five times, as a fire alarm. <Amended by Act No. 10796, Jun. 15, 2011>
(2) The alarm under paragraph (1) shall be repeated at proper intervals.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 32 Deleted. <by Act No. 5916, Feb. 8, 1999>   print
CHAPTER VII SUPPLEMENTARY PROVISIONS
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 Article 33 (Permission for Construction, etc.)   print
(1) Any person who intends to execute any construction or works prescribed by Presidential Decree in the boundaries, etc. of an open port shall obtain permission from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may, upon granting permission under paragraph (1), issue an order to take measures necessary for the safety of vessel traffic and the harbor, and preservation of cargo. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 34 (Permits to Host Boat Race Events, etc.)   print
(1) Any person who intends to hold an event, such as a boat race within the boundaries, etc. of an open port, shall obtain permission from the Minister of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) If the Minister of Oceans and Fisheries grants permission under paragraph (1), he/she shall inform the Commissioner General of Korea Coast Guard thereof. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 35 Deleted. <by Act No. 5916, Feb. 8, 1999>   print
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 Article 36 (Permission in Relation to Drifting Articles)   print
(1) Any person who intends to do any of the following acts in relation to drifting articles, such as wood which obstruct the safety of vessel traffic within the boundaries, etc. of an open port, shall obtain permission from the Minister of Oceans and Fisheries: <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
1. Any person who intends to unload drifting articles from a ship into water;
2. Any person who intends to fasten drifting articles on the water surface to a ship, etc. or carry such drifting articles;
3. Any person who intends to float drifting articles on the water surface.
(2) The Minister of Oceans and Fisheries may, upon granting permission under paragraph (1), issue an order to take measures necessary for the safety of vessel traffic. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 37 (Restrictions on Fishing)   print
No one shall fish (including installment of fishing implements, etc.) at a place where vessel traffic might be obstructed within the boundaries of an open port, or on a sea route designated and announced by the Minister of Oceans and Fisheries under Article 11 (2). <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 38 (Restrictions on Lights)   print
(1) No person shall use any strong light which might obstruct vessel traffic in the boundaries, etc. of an open port.<Amended by Act No. 10796, Jun. 15, 2011>
(2) The Minister of Oceans and Fisheries may order a person using a light under paragraph (1) to reduce the beam of light or cover the light with a shade. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 39 (Restrictions on Vessel Traffic)   print
(1) If deemed necessary for the safety of vessel traffic, the Minister of Oceans and Fisheries may restrict or prohibit vessel traffic in a designated sea route or zone within the boundaries, etc. of an open port. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) Sea routes or zones and the period in which vessel traffic is restricted or prohibited under paragraph (1) shall be determined and announced by the Minister of Oceans and Fisheries. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 40 (Suspension of Departure from Port)   print
If a ship violates this Act or an order issued under this Act, the Minister of Oceans and Fisheries may suspend the departure of the relevant ship from a port. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 41 (Inspections, Verification, etc.)   print
(1) If the Minister of Oceans and Fisheries deems that a person has violated Article 5, 6 (1) and (2), 7, 10 (1), (3) and (4), 11 (1), 12, 20, 21, 22 (1) through (3), 23, 26 (1), 28, 33, 34 (1), 36 or 37, he/she may require the owner or captain of the relevant ship or other interested person to appear or state his/her opinion, to present related documents, or to file a report, and may require an affiliated public official to enter the relevant ship to inspect or verify books, documents or other things. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) Qualifications for, and scope of duties of affiliated public officials under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
(3) Any public official who enters a ship to inspect or verify related documents, etc. under paragraph (1) shall carry a certificate indicating his/her authority and produce it to interested persons.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 42 (Orders for Improvement)   print
If deemed necessary for maintaining order in an open port as a result of an inspection or verification conducted under Article 41 (1), the Minister of Oceans and Fisheries may order the owner or captain of a relevant ship or other interested person to do the following: <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
1. Reinforcement and substitution of facilities;
2. Suspension of construction or works;
3. Increase of number of crew;
4. Removal of obstacles, etc;
5. Relocation of a ship;
6. Restriction on the number of ships;
7. Other necessary matters.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 42-2 (Electronic Processing, etc. of Civil Affairs Administration)   print
Article 89 of the Harbor Act shall apply mutatis mutandis to electronic processing, etc. of civil affairs administration under this Act. <Amended by Act No. 9773, Jun. 9, 2009>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 43 (Fees)   print
Any person who intends to obtain permission under this Act shall pay a fee prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 43-2 (Delegation or Entrustment of Authority)   print
(1) The authority of the Minister of Oceans and Fisheries vested under this Act may be partially delegated to the administrator of a regional maritime affairs and port office, the Commissioner General of Korea Coast Guard, Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or Governor of a Special Self-Governing Province, as prescribed by Presidential Decree. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
(2) The authority of the Minister of Oceans and Fisheries to accept reports pursuant to Article 5 may be entrusted to the Port Authorities under the Port Authority Act, as prescribed by Presidential Decree. <Newly Inserted by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 9734, May 27, 2009]
CHAPTER VIII PENAL PROVISIONS
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 Article 44 (Penal Provisions)   print
Any of the following persons shall be punished by imprisonment for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 10796, Jun. 15, 2011>
1. Any person who violates the proviso to Article 5, or Article 7 (1), 21 or 23 (1);
2. Any person who violates an order or disposition issued or taken under Article 23 (3), 24 (4) or 40.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 45 (Penal Provisions)   print
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 10796, Jun. 15, 2011>
1. Any person who violates the main sentence of Article 6 (1), Article 7 (4), Article 10 (1), the main sentence of Article 11 (1), Article 12 (1), 22 (1), 24 (3) or 36 (1);
2. Any person who violates any order or disposition issued or taken under Article 7 (5), 9 (1) and (2), 10 (5), 22 (2) and (3), 36 (2) or 39 (1);
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 46 (Penal Provisions)   print
Any of the following persons shall be punished by a fine not exceeding three million won: <Amended by Act No. 10796, Jun. 15, 2011>
1. Any person who fails to report entry or exit under the main sentence of Article 5 or who files a false report;
2. Any person who violates Article 13 (1) and (2), 24 (1), 33 (1), 34 (1) or 37;
3. Any person who violates any order or disposition issued or taken under Article 20 (2), 33 (2), 38 (2) or 42.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 47 (Joint Penal Provisions)   print
If a representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits a violation under Articles 44 through 46 in connection with the business of the corporation or the individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business to prevent such violation.
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
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 Article 48 (Fines for Negligence)   print
(1) Any of the following persons shall be punished by a fine for negligence not exceeding two million won: <Amended by Act No. 10796, Jun. 15, 2011>
1. Any person who fails to report under Article 6 (3), 7 (2) and (3), or 20 (1);
2. Any person who violates Article 6 (2);
3. Any person who fails to take necessary measures, such as reporting and setting up a sign under Article 12 (2) or 25 (1);
4. Any person who violates Article 13 (3), 14, 15 (1), (2) or (4), 16, 17, 18 (3), 19, 27, 28 or 31;
5. Any person who fails to carry out an order to remove obstacles, etc. issued under Article 26 (1);
6. Any person who fails to appear, make a statement or report under Article 41 (1), or a person who files any false report, or a person who refuses or interferes with the entrance of an affiliated public official.
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended by Act No. 10796, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9734, May 27, 2009]
ADDENDUM
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 4925, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5809, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5915, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) through (5) Omitted.
ADDENDA <Act No. 5916, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 20, 22 and 33 (1) (including the penal provisions applicable to persons who violate the said Articles) shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Permission for Loading or Unloading) With respect to hazardous materials, the loading or unloading of which is permitted under the former provisions of Article 22 (1) as at the time this Act enters into force, the former provisions shall apply.
(3) (Transitional Measures concerning Penal Provisions) The application of penal provisions to an offence committed before this Act enters into force shall be subject to the former provisions.
ADDENDA <Act No. 6775, Dec. 11, 2002>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Penal Provisions) The former provisions shall govern the application of penal provisions to an offence committed before this Act enters into force.
ADDENDA <Act No. 8379, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8380, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9734, May 27, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9773, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10796, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2(Transitional Measures concerning Vicarious Execution)
Any measure to remove drifting or sunken articles taken under the former provisions of Article 26 (2) as at the time this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 26 (2).
ADDENDA <Act No. 10801, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.