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Fishing Vessels Act


Published: 2009-05-27

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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 concerning the construction, registration, equipment, inspection of fishing vessels, and matters concerning investigations and research, thereby securing the efficient management and safety of fishing vessels, and contributing to the advancement of fish harvesting capacity and enhancing the growth of fisheries by promoting improvement in the functions of fishing vessels. <Amended by Act No. 9718, May 27, 2009>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "fishing vessel" means a vessel falling under any of the following items:
(a) Vessel engaged in fishing activities, transporting fish caught, or processing fishery products (hereinafter referred to as "fisheries");
(b) Vessel engaged in examinations, investigations, guidance, surveillance, or lessons concerning fisheries;
(c) Vessel which is being built or has been built by obtaining a building permission under Article 8 (1);
(d) Vessel which is registered as a fishing vessel under Article 13 (1);
2. The term "remodeling" means a case falling under any of the following items:
(a) Alterations of the length, width, and depth of fishing vessels (hereinafter referred to as "major measurements");
(b) New installation of the propelling engine of a fishing vessel or alterations of the kinds or generating capacity of the propelling engine;
(c) Alterations of the structure or equipment of fishing vessels for the sake of altering the usage purpose of fishing vessels or changing the types of fisheries.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 3 (Equipment of Fishing Vessels)   print
Fishing vessels shall be fully or partially equipped with the following facilities in accordance with the criteria prescribed and publicly notified by the Minister for Food, Agriculture, Forestry and Fisheries:
1. Hull;
2. Engine;
3. Drainage system;
4. Mast;
5. Steering, anchoring, equipment to raise the anchor;
6. Electric facilities;
7. Equipment for fishing operations, and loading and unloading;
8. Emergency rescue facilities and fire-fighting equipment;
9. Quarters and hygiene equipment;
10. Freezing, refrigeration, and processing facilities for marine products;
11. Navigational facility;
12. Other facility prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 4 (Indication of Full Load Draft Line)   print
The owner of each fishing vessel with a length exceeding 24 meters shall draw a full-load draft line in accordance with the criteria prescribed and publicly notified by the Minister for Food, Agriculture, Forestry and Fisheries: Provided, That fishing vessels prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries may omit drawing a full-load draft line.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 5 (Wireless Equipment)   print
(1) The owner of each fishing vessel shall equip his/her fishing vessel with wireless equipment under the Radio Waves Act in accordance with the criteria prescribed and publicly notified by the Minister for Food, Agriculture, Forestry and Fisheries: Provided, That fishing vessels prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries shall be furnished with wireless equipment required for the enforcement of a system to rescue persons in distress at sea and secure safety in accordance with the International Convention for the Safety of Life at Sea. In such cases, wireless equipment shall satisfy the requirements of functions and criteria under the Radio Waves Act.
(2) Any fishing vessel used for navigational purposes prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries notwithstanding the provisions of paragraph (1) may sail without wireless equipment.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 6 (Application of Provisions concerning International Convention)   print
Any fishing vessel subject to international conventions shall be preferentially governed by the provisions of the relevant international convention, in cases where the provisions of the convention are in conflict with the those of this Act.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
CHAPTER II CONSTRUCTION OF FISHING VESSELS
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 Article 7 Deleted.<by Act No. 5921, Feb. 8, 1999>   print
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 Article 8 (Permission, etc. to Building or Remodeling of Fishing Vessels)   print
(1) Any person who intends to build or remodel a fishing vessel or who intends to place an order for building or remodeling a fishing vessel shall obtain permission (hereinafter referred to as "permission for building or remodeling") of the Minister for Food, Agriculture, Forestry and Fisheries, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as the head of a "Si/Gun/Gu") as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries (excluding cases prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries). The same shall also apply to any proposed amendments to permitted matters. <Amended by Act No. 9007, Mar. 28, 2008>
(2) Deleted. <by Act No. 5921, Feb. 8, 1999>
(3) The Minister for Food, Agriculture, Forestry and Fisheries may prescribe the permissible error range in relation to the major measurements, performance, gross tonnage, etc. of a fishing vessel which has been granted permission for building or remodeling. In such cases, any fishing vessel falling within the permissible error range shall be deemed to have obtained amended permission under the latter part of paragraph (1). <Amended by Act No. 9007, Mar. 28, 2008>
(4) The Minister for Food, Agriculture, Forestry and Fisheries or the head of a Si/Gun/Gu may, in cases he/she grant permission for building or remodeling, attach conditions, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 9007, Mar. 28, 2008>
(5) The Minister for Food, Agriculture, Forestry and Fisheries or the head of a Si/Gun/Gu may not grant permission for building or remodeling to cases where deemed necessary for the sake of fishery mediation under the Fisheries Act or for the public good, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 9007, Mar. 28, 2008>
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 Article 9 Deleted.<by Act No. 5921, Feb. 8, 1999>   print
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 Article 10 (Cancellation, etc. of Permission)   print
The Minister for Food, Agriculture, Forestry and Fisheries or the head of a Si/Gun/Gu may, in cases where any person who obtains permission for building or remodeling or builds or remodels a fishing vessel after accepting a contract order for building or remodelling a fishing vessel falls under any of the following subparagraphs, cancel such permission for building or remodeling, or impose an order to suspend building or remodeling of fishing vessels or remove fishing vessels or fishing vessel equipment: Provided, That in cases where it falls under subparagraph 1, such permission shall be cancelled:
1. Where permission is obtained by deceit or other fraudulent means;
2. Where a fishing vessel is built or remodeled in violation of permitted matters;
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Articles 11 and 12 Deleted.<by Act No. 5921, Feb. 8, 1999>   print
CHAPTER III REGISTRATION OF FISHING VESSELS
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 Article 13 (Registration and Registration of Fishing Vessels)   print
(1) The owner of each fishing vessel or the owner of each vessel prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries shall file the registration of fishing vessel in the original register of fishing vessels with the head of a Si/Gun/Gu having jurisdiction over the ports and docks where such fishing vessel or ship most usually enters or sets sail (hereinafter referred to as "port of shipment") as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. In such cases, fishing vessels that fall under Article 2 of the Ship Registry Act shall file the registration of fishing vessels after vessel registration.
(2) No fishing vessel which is not registered under paragraph (1) shall be used for a fishing vessel.
(3) The head of a Si/Gun/Gu shall issue a certificate, etc. to a fishing vessel registered under paragraph (1) according to the following classifications:
1. Fishing vessel of more than 20 tons gross tonnage: Certificate of ship's nationality;
2. Fishing vessel of less than 20 tons gross tonnage (excluding non-power fishing vessel of less than five tons gross tonnage): Certificate of ship registration;
3. Non-power fishing vessel of less than five tons gross tonnage: Certificate of completion of registration.
(4) Matters necessary for the designation of the port of shipment, restrictions, etc. shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 13-2 (Validity of Amendment to Ownership of Small-sized Fishing Vessels)   print
Any amendments to the acquisition and loss of the ownership for small-sized fishing vessels of less than 20 tons gross tonnage shall be registered to be effective.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 13-3 (Registration of Seizure)   print
The head of a Si/Gun/Gu shall, in cases where he/she receives a request for the registration of seizure from the court under the Civil Execution Act or a request for the registration of seizure from the administrative agency under the National Tax Collection Act or Local Tax Act, file seizure registration in the original register of fishing vessels for the relevant small-sized fishing vessel as prescribed by Presidential Decree and notify the owner of the vessel thereof.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 14 (Measurement, etc. of Gross Tonnage of Fishing Vessels)   print
(1) The owner of each fishing vessel shall, in cases where he/she intends to file registration under Article 13 (1), file an application for the measurement of the gross tonnage of fishing vessels with the Minister for Food, Agriculture, Forestry and Fisheries, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) The owner of each fishing vessel shall, in cases where gross tonnage is changed due to repair or remodeling of fishing vessels, file an application for the re-measurement of gross tonnage with the Minister for Food, Agriculture, Forestry and Fisheries.
(3) The owner of each fishing vessel may, in cases where he/she intends to use a fishing vessel acquired from a foreign country for sailing or fishing in a foreign country, file an application for the measurement of gross tonnage or re-measurement of gross tonnage with an consul of the Republic of Korea residing in the foreign country.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 15 (Making Certificate of Ship's Nationality, etc. Available upon Request)   print
The owner of each fishing vessel shall, in cases where he/she intends to use his/her fishing vessel for navigational purposes or for fishing operations, equip his/her fishing vessel with the certificate of ship's nationality, certificate of ship registration, or certificate of completion of registration under each subparagraph of Article 13 (3) (hereinafter referred to as "certificate of ship's nationality, etc."): Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, such as fishing vessels used for licensed fishery, permitted fishery, or reported fishery under Article 6, 9, or 11 of the Inland Water Fisheries Act. <Amended by Act No. 9718, May 27, 2009>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 16 (Indication of Vessel Name, etc. and Attachment of head of a)   print
(1) The owner of each fishing vessel shall, in cases where he/she is issued the certificate of ship's nationality, etc., immediately indicate the name of the fishing vessel, port of shipment, gross tonnage, measurements of water line, etc. (hereinafter referred to as "name, etc.") and attach the fishing vessel head of a to the vessel, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) Matters necessary for the production, attachment, etc. of the fishing vessel license plate under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(3) No owner of any fishing vessel shall use his/her fishing vessel for navigational purposes or for fishing operations, until a name, etc. under paragraph (1) is indicated on the vessel and the fishing vessel license plate is attached to the vessel.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 17 (Amendment to Registered Matters)   print
The owner of each fishing vessel shall, in cases where any registered matter under Article 13 (1) is amended, file an application for amended registration as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 18 (Re-issuance of Certificate of Ship's Nationality, etc.)   print
The owner of each fishing vessel shall, in cases where he/she loses a certificate of ship's nationality, etc. or finds it difficult to use it because of its poor condition, file an application for re-issuance within 14 days as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 19 (Cancellation of Registration and Return of Certificate of Ship's Nationality, etc.)   print
(1) In cases where a fishing vessel registered under Article 13 (1) falls under any of the following subparagraphs, the owner of the vessel shall file an application for cancellation of registration within 30 days as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:
1. Where a fishing vessel is used for purposes other than the original one;
2. Where a fishing vessel loses the nationalty of the Republic of Korea;
3. Where a fishing vessel is not used for its original purpose on grounds of destruction, sinking, and dissolution, or worn-out or damaged equipment;
4. Where a fishing vessel goes missing for not less than six months.
(2) The head of a Si/Gun/Gu shall, in cases where the owner of each fishing vessel falls under any of the following subparagraphs, issue a peremptory notice requiring him/her to apply for the cancellation of registration within the prescribed period not exceeding 30 days and, if the owner of the fishing vessel fails to apply for cancellation of registration despite the peremptory notice issued without justifiable grounds, he/she shall ex officio cancel the registration of the fishing vessel:
1. Where registration is filed by deceit or other fraudulent means;
2. Where the owner of each fishing vessel fails to file an application for the cancellation of registration under paragraph (1) within a prescribed period;
3. Where one year passes from the grant of permission, report, license, etc. to fishing in which the relevant fishing vessel is engaged becomes invalid, That the foregoing shall not apply to cases prescribed by Presidential Decree.
(3) The owner of the fishing vessel registration of which is cancelled under paragraph (2) shall immediately remove the fishing vessel license plate attached to the fishing vessel and return the fishing vessel license plate and the certificate of ship's nationality, etc. to the head of a Si/Gun/Gu having jurisdiction over the port of shipment within 14 days: in cases where the fishing vessel license plate and the certificate of ship's nationality, etc. is not returned on grounds of loss, etc., he/she shall report the reasons thereof to the head of a Si/Gun/Gu having jurisdiction over the port of shipment within 14 days.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 20 Deleted.<by Act No. 5921, Feb. 8, 1999>   print
CHAPTER IV INSPECTION OF FISHING VESSELS
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 Article 21 (Inspection of Fishing Vessels)   print
(1) The owner of each fishing vessel shall receive inspection from the Minister for Food, Agriculture, Forestry and Fisheries with regard to the facility of fishing vessels under Article 3 (in cases where it exceeds 24 meters in length, including the indication of a full-load draft line under Article 4) according to the following classifications, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:
1. Periodic inspection:
A detailed investigation conducted when a fishing vessel is used for the first time for navigational purposes or when the period of validity for the certificate of fishing vessel inspection under Article 28 (1) expires;
2. Interim inspection:
A simple investigation conducted between the periodic inspection and the subsequent periodic inspection;
3. Special inspection:
A simple investigation conducted when a fishing vessel is used on a temporary basis for special purposes as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries;
4. Provisional inspection:
An investigation conducted when it is deemed especially necessary by the Minister for Food, Agriculture, Forestry and Fisheries, other than inspections falling under subparagraphs 1 through 3;
5. Provisional navigational inspection:
An investigation conducted when a fishing vessel is intended to be used on a temporary basis for navigational purposes before the certificate of fishing vessel inspection is issued.
(2) Inspection shall be conducted on the wireless equipment under Article 5 (1), as prescribed by the Radio Waves Act.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 22 (Inspection of Shipbuilding, etc.)   print
(1) Any fishing vessel builder shall receive respective inspections of shipbuilding by the Minister for Food, Agriculture, Forestry and Fisheries with regard to the equipment falling under subparagraphs 1, 2, 3, 5, and 6 of Article 3 and a full-load draft line under Article 4 from the time when he/she embarks on building fishing vessels: Provided, That the foregoing shall not apply to cases prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) With regard to the portion that passed the inspection of shipbuilding under paragraph (1), in cases where the first inspection is conducted among the periodic inspections under Article 21 (1) 1, inspection on the portion that passed the inspection of shipbuilding may be exempt.
(3) Any person who intends to manufacture, remodel, fix, repair, or import fishing vessel products prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries from among goods used for fishing vessels required for the facilities falling under any of subparagraphs of Article 3 (hereinafter referred to as "fishing vessel products") may receive inspection from the Minister for Food, Agriculture, Forestry and Fisheries (hereinafter referred to as "preliminary inspection") before any decision is reached on which category of fishing vessels to install the relevant fishing vessel products.
(4) With regard to fishing vessel products that passed the preliminary inspection and goods used for vessels that passed the preliminary inspection under Article 22 (3) of the Ship Safety Act, in cases where the first inspection is conducted among shipbuilding inspections under paragraph (1) or inspections falling under any of subparagraphs of Article 21 (1), inspection on the portion that passed the preliminary inspection may be exempt.
(5) Matters necessary for shipbuilding inspection under paragraph (1) and preliminary inspection under paragraph (3) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(6) The Minister for Food, Agriculture, Forestry and Fisheries may have vessels exempt from shipbuilding inspection under paragraph (1), such as vessels imported from a foreign country, receive inspection corresponding to shipbuilding inspection as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries (hereinafter referred to as "additional shipbuilding inspection"). In such cases, the provisions falling under paragraphs (2) through (5) shall apply mutatis mutandis to vessels that passed the additional shipbuilding inspection.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 23 Deleted.<by Act No. 5470, Dec. 17, 1997>   print
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 Article 24 (Formal Approval and Authorization, etc.)   print
(1) Any person who intends to manufacture or import fishing vessel products prescribed and publicly notified by the Minister for Food, Agriculture, Forestry and Fisheries or small-sized fishing vessels may obtain formal approval and authorization of the Minister for Food, Agriculture, Forestry and Fisheries. In such cases, any person who intends to obtain formal approval shall undergo an examination for formal approval.
(2) Any person who obtains formal approval under paragraph (1) shall, in cases where he/she intends to make any amendments to the details thereof, obtain amended approval of the Minister for Food, Agriculture, Forestry and Fisheries. In such cases, when he/she amends matters affecting the functions of the relevant fishing vessel or fishing vessel products, an examination for formal approval under paragraph (1) shall be conducted on the relevant amended portion.
(3) With regard to fishing vessels or fishing vessel products built, manufactured, or imported by a person who obtains formal approval under paragraph (1) that passed the authorization of the Minister for Food, Agriculture, Forestry and Fisheries, and with regard to goods used for vessels that obtain formal approval of the Minister of Land, Transport and Maritime Affairs under Article 18 (1) and (2) of the Ship Safety Act and passed the authorization of the designated authorizing agency, in cases where the first inspection from among inspections falling under any of subparagraphs of Article 21 (1) or an inspection under Article 22 (1) and (6) is conducted, an inspection on the portion that passed such authorization may be exempt.
(4) Matters necessary for formal approval and authorization under paragraphs (1) and (2), amended approval shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 25 (Designation of Exemplary Places of Business for Shipbuilding, such as Fishing Vessels)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries may designate places of business satisfying the facility criteria prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries from among places of business which build, manufacture, or repair (including remodeling or fixing; hereinafter the same shall apply) fishing vessels or facilities under the subparagraphs of Article 3 as exemplary places of business for building, manufacturing, or repairing fishing vessels, facilities for fishing vessels, or fishing vessel products.
(2) Any person who intends to obtain designation of exemplary place of business for building, manufacturing, or repairing fishing vessels under paragraph (1) shall prepare regulations for building, manufacturing, or repairing fishing vessels, facilities for fishing vessels, or fishing vessel products and obtain approval of the Minister for Food, Agriculture, Forestry and Fisheries.
(3) In cases where fishing vessels, facilities for fishing vessels, or fishing vessel products are built or manufactured at an exemplary place of business for building fishing vessels or an exemplary place of business for manufacturing fishing vessels under paragraph (1) and they are confirmed to have been built or manufactured in an appropriate manner in accordance with the regulations for building or manufacturing under paragraph (2) as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, the first inspection among inspections falling under any of subparagraphs of Article 21 (1) or the inspection under Article 22 (1) and (6) is conducted on the fishing vessels, facilities for fishing vessels, or fishing vessel products, inspection may be exempt on the confirmed portion.
(4) In cases where fishing vessels, facilities for fishing vessels, or fishing vessel products are repaired at an exemplary place of business for repairing fishing vessels under paragraph (1) and they are confirmed to have been repaired in an appropriate manner in accordance with the regulations for repairing under paragraph (2) as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, if an periodic or interim inspection under Article 21 (1) 1 or 2 is conducted within six months from the date on which the repair is conducted, inspection may be exempt on the confirmed portion.
(5) Necessary matters concerning the designation of an exemplary place of business for building, manufacturing, or repairing fishing vessels, facilities for fishing vessels, or fishing vessel products under paragraph (1) and approval granted to regulations for building, manufacturing, and repairing under paragraph (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 26 Deleted.<by Act No. 5470, Dec. 17, 1997>   print
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 Article 27 (Issuance, etc. of Certificates of Inspection)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall issue the certificate of inspection according to the following classifications:
1. Where a fishing vessel passes a periodic inspection under Article 21 (1) 1, the certificate of inspection for fishing vessels (in such certificate, the types and names of fishing vessels, the maximum seated capacity, restricted atmospheric pressure, the indication of a full-load draft line, etc. shall be stated);
2. Where a fishing vessel passes a special inspection under Article 21 (1) 3, the certificate of special inspection for fishing vessels;
3. Where a fishing vessel passes a provisional navigational inspection under Article 21 (1) 5, the certificate of provisional navigational inspection;
4. Where a fishing vessel passes a shipbuilding inspection under Article 22 (1), a certificate of shipbuilding inspection;
5. Where a fishing vessel passes a preliminary inspection under Article 22 (3), a certificate of preliminary inspection;
6. Where a fishing vessel passes a authorization test under Article 24 (1), a certificate of authorization;
7. Where it is confirmed under Article 25 (3) and (4), a certificate of confirmation on building or manufacturing or a certificate of confirmation on repair.
(2) The Minister for Food, Agriculture, Forestry and Fisheries shall, in cases where he/she issues a certificate of inspection, certificate of authorization, and certificates of confirmation on building, manufacturing, and repair under subparagraphs 4 through 7 of paragraph (1), attach a pass mark or pass certificate to the relevant fishing vessel or fishing vessel products.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 28 (Period of Validity of Certificate of Inspection)   print
(1) The period of validity of a certificate of inspection of fishing vessels shall be five years.
(2) The method of reckoning for the period of validity under paragraph (1) prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(3) The period of validity of the certificate of inspection for fishing vessels under paragraph (1) may, in cases where it falls under any of the following subparagraphs, be extended within the extent of five months as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:
1. Where the relevant fishing vessel is not present at an inspection site when the period of validity of the certificate of inspection of fishing vessels expire;
2. In cases where there exist unavoidable grounds, such as the case where the relevant fishing vessel has passed a periodic inspection in a foreign country, the case where a new certificate of inspection for fishing vessels is neither immediately issued nor made available to users in the fishing vessel;
3. Other cases prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(4) In cases where a fishing vessel subject to an interim or provisional inspection fails to pass the inspection, a certificate of inspection for fishing vessels shall become invalid until the vessel passes the relevant inspection.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 29 (Making Certificate of Inspection, etc. Available upon Request)   print
The owner of each fishing vessel shall, in cases where the fishing vessel is used for the sake of sailing or fishing, make the certificate of inspection for fishing vessels, the certificate of special inspection for fishing vessels, or the certificate of provisional navigational inspection available upon request in the fishing vessel: Provided, That the foregoing shall not apply to fishing vessels prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 30 (Application for Re-inspection)   print
(1) In cases where any person who obtains measurement or re-measurement of the gross tonnage, inspection, authorization, and confirmation thereon under Articles 14, 21, 22, 24, and 25 (hereafter referred to as "inspection, etc." in this Article) is dissatisfied with inspection, etc. he/she shall prepare the grounds within 60 days from the date on which such results have been notified and file an application for re-inspection, etc. with the Minister for Food, Agriculture, Forestry and Fisheries as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) In cases where any person who intends to receive re-inspection, etc. under paragraph (1) intends to make any amendments to facilities of the relevant fishing vessel, he/she shall obtain approval of the Minister for Food, Agriculture, Forestry and Fisheries.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
CHAPTER V DELETED
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 Article 31 Deleted.<by Act No. 5470, Dec. 17, 1997>   print
CHAPTER VI RESEARCH AND DEVELOPMENT OF FISHING VESSELS
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 Article 32 (Research and Development of Fishing Vessels)   print
The Minister for Food, Agriculture, Forestry and Fisheries may conduct necessary research and development for the sake of facilitating safe operations by fishing vessels and improving the functions thereof.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 33 (Development of Standard Fishing Vessels)   print
The Minister for Food, Agriculture, Forestry and Fisheries may develop standard fishing vessels and publicly notify them according to the types of fishing in order to facilitate the improvement of fishing vessels and enhance the rationalization of fishery management.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
CHAPTER VII DELETED
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 Article 34 through 36 Deleted.<by Act No. 5921, Feb. 8, 1999>   print
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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 Article 37 (Application Mutatis Mutandis of other Acts)   print
(1) The provisions of Articles 2, 5, 9 (2) and (3), 10 (limited to cases where the national flag of the Republic of Korea is not allowed to be raised without being equipped with the certificate of ship's nationality or the provisional certificate of ship's nationality), 11 (limited to the portion surrounding raising the national flag), 13, 26 (limited to exemption from national-flag raising and marking requirements), 28, and 29 of the Ship Act shall apply mutatis mutandis to the navigation of fishing vessels and registration thereof. In such cases, "vessel of the Republic of Korea" shall be deemed "fishing vessel of the Republic of Korea", "Korean vessel" as "Korean fishing vessel", "vessel" as "fishing vessel," "place of ship acquisition" as "place of fishing vessel acquisition", "ship manager" as "fishing vessel manager", and "ship owner" as "fishing vessel owner". <Amended by Act No. 9007, Mar. 28, 2008>
(2) The provisions of Articles 6, 12 through 15, 17, 41, 63, 66, 69, and 73 through 75 of the Ship Safety Act shall apply mutatis mutandis to fishing vessel inspection and other matters relevant thereto, except as otherwise provided for by this Act. In such cases, "Minister of Land, Transport and Maritime Affairs" shall be deemed "Minister for Food, Agriculture, Forestry and Fisheries", "Ordinance of Ministry of Land, Transport and Maritime Affairs" as "Ordinance of Ministry of Land, Transport and Maritime Affairs", "vessel products" as "fishing vessel products", and "vessel" as "fishing vessel". <Newly Inserted by Act No. 9718, May 27, 2009>
(3) The provisions of Article 3 of the Ship Act and Article 3 (1) of the Addenda of the amendment to the Ship Act No. 3641 shall apply mutatis mutandis to the measurement of the gross tonnage of any fishing vessel. In such cases, "Korean vessel" shall be deemed "Korean fishing vessel". <Amended by Act No. 9007, Mar. 28, 2008>
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 Article 38 (Hearings)   print
The Minister for Food, Agriculture, Forestry and Fisheries or the head of a Si/Gun/Gu shall, in cases where he/she intends to impose any of the following dispositions, hold a hearing:
1. Cancellation of permission for building or remodeling under Article 10;
2. Cancellation of fishing vessel registration under Article 19 (2).
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 39 (Charges)   print
(1) Any person who intends to file an application for permission, registration, inspection, and measurement of the gross tonnage of any fishing vessel under this Act or who intends to be issued or re-issued the certificate of ship's nationality, etc. shall pay a charge, as prescribed by Ordinance of Ministry for Food, Agriculture, Forestry and Fisheries or as prescribed by Municipal Ordinance of a Special Self-Governing Province, and a Si/Gun/autonomous Gu: Provided, That in cases where any organization that conducts duties of the Minister for Food, Agriculture, Forestry and Fisheries by proxy under Article 41 (1) (hereafter referred to as the "agent" in this Article) engages in measuring and remeasuring of the gross tonnage of the relevant fishing vessel, and conducting an inspection by proxy, charges prescribed by the agent shall be paid to the relevant agent. <Amended by Act No. 9718, May 27, 2009>
(2) In cases where charges are prescribed under the proviso to paragraph (1), the agent shall establish the criteria thereof and obtain approval of the Minister for Food, Agriculture, Forestry and Fisheries. The same shall also apply to any proposed amendments to approved matters.
(3) In cases where charges are collected by the agent under the proviso to paragraph (1), the revenue received therefrom shall be treated as the revenue of the relevant agent.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 40 (Delegation of Authority)   print
The Minister for Food, Agriculture, Forestry and Fisheries may delegate part of his/her authority under this Act to the head of a Si/Gun/Gu as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 41 (Fulfilling of Inspection Duties, etc. by Proxy)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries may have the Korea Ship Safety Technology Authority established under Article 45 of the Ship Safety Act (hereinafter referred to as "Authority") or the ship classification society under Article 60 (2) of the same Act (hereinafter referred to as "ship classification society") engage in fulfilling the following duties by proxy: Provided, That in cases of a ship classification society, duties falling under subparagraph 5 shall be excluded: <Amended by Act No. 9718, May 27, 2009>
1. Measurement and re-measurement of the gross tonnage of any fishing vessel under Article 14;
2. Inspection of the fishing vessels under Article 21;
3. Shipbuilding inspection of fishing vessels under Article 22, preliminary inspection of fishing vessel products, and additional shipbuilding inspection thereof;
4. Authorization granted to fishing vessels or fishing vessel products under Article 24 (1);
5. Investigations made to designate an exemplary place of building, manufacturing, or repairing fishing vessels under Article 25 (1), (3), and (4), and confirmation of fishing vessels and fishing vessel products.
(2) Deleted. <by Act No. 5921, Feb. 8, 1999>
(3) The Authority or the ship classification society may issue a certificate of inspection, certificate of authorization, certificate of confirmation, or the certificate proving the measurement of the gross tonnage of any fishing vessel (including the international tonnage certificate, certificate of the confirmation of international tonnage, and deadweight tonnage) under the subparagraphs of Article 27 (1) within the scope of duties fulfilled by proxy under paragraph (1) after obtaining approval of the Minister for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 9007, Mar. 28, 2008; Act No. 9718, May 27, 2009>
(4) The Authority or the ship classification society shall report the duties fulfilled by proxy under paragraph (1) to the Minister for Food, Agriculture, Forestry and Fisheries as prescribed by Ordinance of Ministry for Food, Agriculture, Forestry and Fisheries. <Amended by Act No. 9007, Mar. 28, 2008>
(5) The Minister for Food, Agriculture, Forestry and Fisheries shall confirm the dealings concerning the duties fulfilled by proxy, which are reported by the Authority or the ship classification society under paragraph (4) and take necessary measures in cases where any offence is committed in violation of this Act or orders imposed under this Act. <Amended by Act No. 9007, Mar. 28, 2008>
(6) The Minister for Food, Agriculture, Forestry and Fisheries may guide or supervise duties fulfilled under this Act by the Authority or the ship classification society, and, if deemed necessary, give directions or impose orders concerning the relevant project to the Authority or the ship classification society. <Newly Inserted by Act No. 9718, May 27, 2009>
(7) The Minister for Food, Agriculture, Forestry and Fisheries may, if deemed necessary, conduct an inspection of matters concerning accounting or property of the Authority or the ship classification society. <Newly Inserted by Act No. 9718, May 27, 2009>
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 Article 41-2 (Subsidization of Expenses for Authority)   print
The Minister for Food, Agriculture, Forestry and Fisheries may subsidize the expenses of the Authority incurred in fulfilling the development and dissemination of technologies concerning fishing vessels or facilities for fishing vessels, duties executed by proxy, etc. within budgetary limits.
[This Article Newly Inserted by Act No. 9718, May 27, 2009]
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 Article 42 (Duties of Legal Representative)   print
In cases where the owner of each fishing vessel under Articles 14, 16 (1), and 17 through 19 is a minor, a legally incompetent person, or a quasi-legally incompetent person, his/her legal representative shall conduct the following matters: in cases where he/she is a minor or a legally quasi-incompetent person who has the same capabilities as an adult in terms of business, the foregoing shall not apply:
1. Applications for measurement and re-measurement of the gross tonnage of any fishing vessel;
2. Indications of fishing vessel name, etc. and attachments of the fishing vessel license plate;
3. Applications for amendments to registered matters;
4. Applications for the re-issuance of the certificate of ship's nationality, etc.;
5. The owner's duties incidental to the application for cancellation of registration.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
CHAPTER IX PENAL PROVISIONS
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 Article 43 (Penal Provisions)   print
A person who builds or remodels a fishing vessel without obtaining permission for building or remodeling in violation of Article 8 (1) or who imposes an order to build or remodel a fishing vessel shall be punished by imprisonment with prison labor for not more than three years or by a fine of not exceeding 20 million won.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 44 (Penal Provisions)   print
(1) A person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a fine of not exceeding ten million won: <Amended by Act No. 9718, May 27, 2009>
1. One who fails to indicate a full-load draft line under Article 4;
2. One who uses his/her fishing vessel for sailing or fishing without being furnished with wireless equipment under Article 5 (1);
3. One who uses his/her fishing vessel for sailing or fishing after hiding, changing, or removing indication of fishing vessel name, etc. under Article 16 or the fishing vessel license plate;
4. One who uses his/her fishing vessel for sailing or fishing without receiving an inspection of fishing vessels under Article 21;
5. One who obtains formal approval under Article 24 (1) or (2), such amended approval or authorization by deceit or other fraudulent means;
6. One who obtains designation of an exemplary place of business for building, manufacturing, or repairing fishing vessels under Article 25 (1) by deceit or other fraudulent means;
7. One who uses his/her fishing vessel for sailing or fishing in violation of the maximum seated capacity, restricted atmospheric pressure, indication of a full-load draft line, etc. which are stated in the certificate of inspection for fishing vessels under Article 27 (1) 1;
8. One who is issued a certificate of inspection for fishing vessels under Article 27 (1), certificate of special inspection for fishing vessels, certificate of provisional navigational inspection, certificate of shipbuilding inspection, certificate of preliminary inspection, inspection of authorization, certificate of shipbuilding confirmation, certificate of manufacturing confirmation or certificate of repair confirmation by deceit or other fraudulent means.
(2) If the crew of any fishing vessel commits an offence under paragraph (1), not only shall such offender be punished accordingly, but the captain also shall be punished by the fine prescribed in the relevant paragraph.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 45 Deleted.<by Act No. 5470, Dec. 17, 1997>   print
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 Article 46 (Penal Provisions)   print
A person falling under any of the following subparagraphs shall be punished by a fine not exceeding five million won:
1. One who fails to implement a disposition or order imposed under Article 10;
2. One who builds a fishing vessel without receiving an inspection of shipbuilding in violation of Article 22 (1).
[This Article Wholly Amended by Act No. 9718, May 27, 2009]
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 Article 47 (Penal Provisions)   print
A person who fails to implement the duties of a legal representative in violation of Article 42 shall be punished by a fine not exceeding one million won.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 48 (Joint Penal Provisions)   print
(1) If the representative, an agent, an employee, or a servant of a legal entity commits an offense under Articles 43, 44, 46, and 47 in the scope of the business of the legal entity, not only shall such offender be punished accordingly, but the legal entity shall also be punished by a fine prescribed in the relevant Article: Provided, That the foregoing sentence shall not apply to cases where a legal entity had not neglected reasonable care and supervision in connection with the relevant matter in order to prevent such offense.
(2) If an agent, an employee, or a servant of a private individual commits an offense under Articles 43, 44, 46, and 47 in the scope of the business of the private individual, not only shall such offender be punished accordingly, but the private individual shall also be punished by a fine prescribed in the relevant Article: Provided, That the foregoing sentence shall not apply to cases where a private individual had not neglected reasonable care and supervision in connection with the relevant matter in order to prevent such offense.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 49 (Application Mutatis Mutandis of Penal Provisions)   print
The provisions of Articles 32, 33 (1) (limited to cases where the national flag of the Republic of Korea is raised without being equipped with the certificate of ship's nationality or the provisional certificate of ship's nationality in violation of Article 10 of the same Act), 34, 35 (1), and 35 (2) 3 and 4 of the Ship Act, and the provisions of subparagraph 9 of Article 83, subparagraphs 1, 2, and 4 through 8 of Article 85 of the Ship Safety Act shall apply mutatis mutandis to fishing vessels. In such cases, "Korean vessel" shall be deemed "Korean fishing vessel", "vessel" as "fishing vessel", "original registry for vessels" as "original registry for fishing vessels", "ship owner" as "fishing vessel owner", and "ship manager" as "fishing vessel manager". <Amended by Act No. 9718, May 27, 2009>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 50 (Application Mutatis Mutandis of Penal Provisions)   print
The penal provisions (including the penal provisions of the Ship Act and the Ship Safety Act as applied mutatis mutandis under Article 49; hereafter the same shall apply in this Article and Article 51) to be applied to a ship owner who violate this Act (including the Ship Act and the Ship Safety Act as applied mutatis mutandis under Article 37; hereafter the same shall apply in this Article and Article 51) and an order imposed under this Act shall apply to the following persons: <Amended by Act No. 9718, May 27, 2009>
1. Where a fishing vessel is shared and its fishing vessel manager is hired, the fishing vessel manager;
2. Where a fishing vessel is chartered, the charterer of the fishing vessel;
3. The penal provisions to be applied to the captain shall be applied to any person who engages in conducting the duties of the captain by proxy.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 51 (Exception to Application of Penal Provisions)   print
The penal provisions to be applied to the owner of each fishing vessel who violates this Act and an order imposed under this Act shall not apply to cases where the owner of each fishing vessel is the State, Special Metropolitan City, Metropolitan City, Do, Special Self-Governing Province or Si/Gun/autonomous Gu.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 52 (Legal Fiction of Public Officials)   print
Any executive or employee of the Authority or the ship classification society that conducts the duties of the Minister for Food, Agriculture, Forestry and Fisheries under Article 41 (1) and (3) by proxy or issues the certificate proving the measurement of the gross tonnage of any fishing vessel shall be deemed a public official in applying the penal provisions under Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
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 Article 53 (Fines for Negligence)   print
(1) A fine for negligence not exceeding one million won shall be imposed on the following persons: <Amended by Act No. 9718, May 27, 2009>
1. One who uses his/her fishing vessel for sailing or fishing without being equipped with a certificate of ship's nationality, etc. in violation of the main sentence of Article 15;
2. One who fails to indicate the name of any fishing vessel, etc. or attach the fishing vessel license plate to the fishing vessel in violation of Article 16 (1);
3. One who fails to file an application for amended registration under Article 17;
4. One who does not file an application for cancellation of registration under Article 19 (1);
5. One who fails to return the fishing vessel license plate, the certificate of ship's nationality, etc. under Article 19 (3) without justifiable grounds or fails to report the grounds, such as loss;
6. One who fails to receive an inspection of fishing vessels under Article 21 (1) without justifiable grounds;
7. One who uses his/her fishing vessel for sailing or fishing without being equipped with a certificate of inspection for fishing vessels, the certificate of special inspection for fishing vessels, or the certificate of provisional navigational inspection inside the fishing vessel in violation of Article 29.
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the head of a Si/Gun/Gu as prescribed by Presidential Decree.
(3) through (5) Deleted. <by Act No. 9718, May 27, 2009>
[This Article Wholly Amended by Act No. 9007, Mar. 28, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Criteria for Facilities for Fishing Vessels)
"Rules on Facilities for Fishing Vessels, etc.(Amended on July 4, 1985 by Ordinance of Ministry for Agriculture, Forestry and Fisheries No. 939.)" as at the time this Act enters into force shall be valid until the day before the date on which notification is issued by the Administrator of Regional Maritime Affairs and Fisheries Office under Articles 3, 4, and 5.
Article 3 (Transitional Measure concerning Registration of Fishing Vessels)
(1) In cases where any vessel falls under a new fishing vessel under Article 2 (1) as at the time this Act enters into force (limited to vessels engaged in permitted, reported, and licensed fishing under the Fisheries Act) and the owner of the relevant vessel files a report to Mayor/Do Governor within one year from the date on which this Act enters into force, it shall be deemed registered under Article 13 (1).
(2) Mayor/Do Governor shall issue a certificate of completion of registration within one month after registration to any vessel which is deemed registered under paragraph (1).
Article 4 (Transitional Measure concerning Cancellation of Registration)
With regard to any fishing vessel whose permission, reporting, license, etc. for fishery as at the time this Act enters into force becomes invalid, the registration of the relevant fishing vessel shall be deemed valid until the lapse of one year from the date on which this Act enters into force.
Article 5 (Transitional Measure concerning Fishing Vessel whose Construction or Remodeling Underway)
With regard to any vessel whose construction or remodeling is underway to engage in fishing as at the time this Act enters into force, in cases where the owner of the relevant vessel or any person who builds or remodels the relevant vessel files a report to Mayor/Do Governor within one month after this Act enters into force, it shall cease to be governed by the amended provisions of Article 9 (2) and subparagraph 2 of Article 43.
Article 6 (Special Examples concerning Measurement of Gross Tonnage of Fishing Vessel)
The owner of each fishing vessel which has been built or for which remodeling has been commenced on before December 31, 1982 may file an application for re-measurement of the gross tonnage notwithstanding the provisions of Article 3 (1) of the Addenda of the amendment of the Ship Act No. 3641, which is applied mutatis mutandis under Article 37.
Article 7 Omitted.
ADDENDA<Act No. 5131, Dec. 30, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the enforcement date of the Presidential Decree concerning the organization of the Ministry of Maritime Affairs and Fisheries and the Korea Coast Guard pursuant to the amended provisions of Article 41 within 30 days after the date of its promulgation.
[Enforced on the date of its promulgation under Presidential Decree No. 15135 on Aug. 8, 1996]
Articles 2 through 4 Omitted.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5470, Dec. 17, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Act No. 5921, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measure concerning Neglected Fishing Vessel) With regard to necessary measures taken to manage or remove neglected fishing vessels owned by any person who fails to comply with an order issued under the former Article 35 (2) as at the time this Act enters into force, notwithstanding the amended provisions of Article 35 (3), the former provisions shall apply.
(3) (Transitional Measure concerning Penal Provisions) The application of penal provisions to any offence committed before this Act enters into force shall be governed by the former provisions.
(4) Omitted.
ADDENDA<Act No. 5971, Apr. 15, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 4 Omitted.
ADDENDA<Act No. 5972, Apr. 15, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 1-2 (limited to cases where an application for the registration of a new vessel subject to registration is filed and the certificate of ship's nationality is issued accordingly pursuant to the amended provisions of the same Article), subparagraph 3 of Article 2, and the amended provisions of Article 26-2 (limited to cases where an application for the issuance of a certificate of ship registration for any vessel subject to the issuance of a certificate of ship registration is filed and a certificate of ship registration is issued accordingly pursuant to the amended provisions of the same Article), and the amended provisions of Article 4 of the Addenda shall enter into force on the date of its promulgation.
Articles 2 and 4 Omitted.
ADDENDA<Act No. 6609, Jan. 14, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Permission, etc. to Build or Remodel Fishing Vessels)
Permission to build or remodel a fishing vessel and cancellation of such permission granted by Mayor/Do Governor under the former Articles 8 and 10 as at the time this Act enters into force shall be deemed granted by the head of a Si/Gun/Gu under the amended provisions of Articles 8 and 10.
Article 3 (Transitional Measure concerning Registration, etc. of Fishing Vessel)
(1) The registration of any fishing vessel granted by Mayor/Do Governor under the former Article 13 as at the time this Act enters into force shall be deemed granted by the head of a Si/Gun/Gu under the amended provisions of Article 13.
(2) Notification issued by Mayor/Do Governor concerning an application for registration cancellation under the former Article 19 (2) as at the time this Act enters into force shall be deemed issued by the head of a Si/Gun/Gu under the amended provisions of Article 19 (2).
Article 4 (Transitional Measure concerning Return, etc. of Fishing Vessel License Plate)
A person who fails to or cannot return a fishing vessel head of a, a certificate of ship's nationality, etc. to Mayor/Do Governor from among the owners of fishing vessels whose registration is cancelled under the former Article 19 (3) as at the time this Act enters into force shall be governed by the former provisions.
ADDENDA<Act No. 8221, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force ten months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 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.
ADDENDA<Act No. 9007, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 13-2 and 13-3 shall enter into force on July 1, 2008.
Article 2 Omitted.
ADDENDA<Act No. 9718, May 27, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 15 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Formal Approval and Authorization of Fishing Vessel Products)
The duties of confirmation for fishing vessel products manufactured and repaired by any person who obtains designation of an exemplary place of business for manufacturing or repairing fishing vessels under Article 20 of the Ship Safety Act as at the time this Act enters into force shall be governed by the former provisions.
Article 3 (Transitional Measure concerning Inspection of Fishing Vessel, etc.)
(1) Shipbuilding inspections, vessel inspections, preliminary inspections, formal approvals, authorization, designation of an exemplary place of business for building, manufacturing, and repairing fishing vessels, and confirmation of vessels or vessel products, which are conducted for fishing vessels under Articles 7 (1), 8 (1), 9 (1), 10 (1), 11 (1), 12 (1), 18 (1), and 20 (1) of the Ship Safety Act as at the time this Act enters into force shall be deemed conducted under this Act.
(2) Inspection of any fishing vessel whose certificate of ship's nationality is issued as at the time this Act enters into force shall be governed by the former provisions, until the period of validity of the certificate expires.
(3) Vessel inspection, etc. of fishing vessels, for which an application is filed as at the time this Act enters into force shall be governed by the former provisions.
Article 4 (Transitional Measure concerning Criteria for Facilities of Fishing Vessel)
The criteria concerning the vessel facility, the indication of a full-load draft line, and wireless equipment for fishing vessels under Articles 26, 27, and 29 of the Ship Safety Act as at the time this Act enters into force shall be valid until the notification issued by the Minister for Food, Agriculture, Forestry and Fisheries concerning the criteria of facilities for fishing vessels, etc. under this Act is implemented.
Article 5 (Transitional Measure concerning Ship Classification Society)
The ship classification society designated under Article 60 (2) of the Ship Safety Act as at the time this Act enters into force shall be deemed designated under this Act.
Article 6 (Transitional Measure concerning Penalties and Fines for Negligence)
The application of penal provisions and fines for negligence to any offence committed before this Act enters into force shall be governed by the former provisions.