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ACT ON THE INVESTIGATION AND INQUIRY INTO MARINE ACCIDENTS

ACT ON THE INVESTIGATION AND INQUIRY INTO MARINE ACCIDENTS [Enforcement on Feb. 29, 2008] [Act No. 8852, Feb. 29, 2008, Amendment of Other Laws and Regulations]

Ministry of Land, Transport, and Maritime Affairs (Legal Division for Regulation Reform) 02-2110-8098

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to marine safety by clarifying the causes of marine accidents through an investigation and inquiry into marine accidents. [This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1. The term "marine accident" means any accident that corresponds to one of the following items and which occurred at sea and in inland waters: (a) An accident in which a person has died is missing, or injured in relation to the structure, equipment, or operation of vessels; (b) An accident in which damage is caused to a vessel or a land or marine facility in relation to the operation of vessels; (c) An accident in which a vessel is lost, derelict, or missing; 2

(d) An accident in which a vessel has collided, is stranded, capsized, sunk, or cannot be maneuvered; and

(e) An accident in which damage by marine pollution has occurred in relation to the operation of vessels;

2. The term "vessel" means any structure navigating, or being able to navigate, water or underwater, and as designated by Presidential Decree;

3. The term "person related to a marine accident" means any person relating to a cause of a marine accident, and who is designated pursuant to Article 39; and

4. The term "remote image inquiry" means any inquiry carried out by persons related to a marine accident who attend either a remote inquiry tribunal other than the competent Maritime Safety Tribunal, which is equipped with apparatus that operates so as to transmit and receive motion pictures and voices by the same persons as designated by Ordinance of the Ministry of Land, Transport, and Maritime Affairs, or a facility equipped with the same said apparatus, which is designated by the competent Maritime Safety Tribunal.

[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] Article 3 (Establishment of Inquiry Agency)

In order to establish an inquiry into marine accidents, the Maritime Safety Tribunal, (hereinafter referred to as the " MST "), shall be established under the jurisdiction of the Minister of Land, Transport, and Maritime Affairs, (hereinafter referred to as the "Minister").

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Article 4 (Examination into the Causes of Marine Accidents )

(1) For an inquiry by the MST, the cause of a marine accident relating to any of the following subparagraphs shall be examined:

1. Whether it occurred due to an intentional act or negligence of a person;

2. Whether it occurred due to reasons in relation to the number, qualification, skill, work conditions, or service of the crew of the vessel;

3. Whether it occurred due to the structures, materials and manufacture of the hull or engines, or outfit or performance of the vessel;

4. Whether it occurred due to auxiliary facilities for navigation, such as hydrographic charts and publications, aids to navigation, radio communication, meteorological service, or salvage facilities, etc;

5. Whether it occurred due to conditions of the port or waterway; and

6. Whether it occurred due to any cause related to the characteristics or loading of freight.

(2) Where two or more persons are related to the occurrence of a marine accident when the MST examines the causes of a marine accident as provided for under Paragraph (1), the MST may disclose the extent to which each responsible person is related to the cause of the marine accident. (3) Where the MST deems it necessary in order to examine the causes of a marine accident that falls under any of the subparagraphs of Paragraph (1), it may request a specialized research institute as designated by Ordinance of the Ministry of Land, 4

Transport, and Maritime Affairs for advice.

Article 5 (Judgment)

(1) The MST shall examine the causes of marine accidents, and clarify the results by judgment. (2) In the event that the MST deems that a marine accident was caused by an intentional act or negligence of a vessel officer or pilot on duty, the Inquiry Agency shall punish the relevant person by judgment.

(3) The Inquiry Agency may, where necessary, judge to recommend or order a correction or improvement to a person or party related to the causes of a marine accident other than those as provided for under Paragraph (2), provided, however, that it shall not judge to order a correction or improvement to administrative agencies. Article 5-2 (Request for Correction, etc.)

Where the MST deems that there is any matter to be corrected or improved in order to prevent a marine accident as a result of an inquiry, it may request an administrative agency or organization other than the persons related to a marine accident to take corrective or improvement measures for preventing marine accidents.

[This Article Newly Inserted by Act No. 3951, Nov. 28, 1987] Article 6 (Categories of Discipline and Extenuating Circumstances) 5

(1) The discipline as provided for under Article 5 (2) shall be divided into three categories as follows, and their applications shall be determined by the MST depending on the seriousness of the activities:

1. Revocation of license;

2. Suspension of affairs; and

3. Reprimand. (2) The suspension period of affairs as provided for under Subparagraph 2 of Paragraph (1) shall not be less than one month and not more than one year. (3) Where a discipline under Article 5 (2) is applied, the MST may reduce or exempt it due to any extenuating circumstances in terms of the nature or situation of a marine accident, or pursuant to the work experience or other details of the responsible persons. Article 7 (Prohibition against Double Jeopardy)

The MST shall not proceed with an inquiry again for a case on which a final judgment has previously been made.

Article 7-2 (Hearing from MST Prior to Public Prosecution) In the case of prosecuting a case in relation to the occurrence of a marine accident, a prosecutor may listen to the opinions of the competent Regional Maritime Safety Tribunal.

[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] 6

Article 7-3 (Terms of Inquiry Tribunal)

(1) The Korean language shall be used at any inquiry tribunal. (2) A statement made by a person who may not speak the Korean language shall be interpreted by an interpreter.

[This Article Newly Act No. 5809, Feb. 5, 1999]

CHAPTER II ORGANIZATION OF MST

Article 8 (Organization of MST)

(1) The MST shall be organized into two types; Korean Maritime Safety Tribunal, (hereinafter referred to as the "KMST"), and the Regional Maritime Safety Tribunal, (hereinafter referred to as the "Regional MST").

(2) Each MST shall be composed of a commissioner and maritime judges as determined by Presidential Decree. (3) The organization of the KMST and the name, organization, and territorial jurisdiction of the Regional MST shall be as determined by Presidential Decree.

Article 9 (Commissioner of KMST Agencies Commissioner of Regional MST)

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(1) A commissioner of KMST shall be assigned to the KMST, (hereinafter referred to as the "commissioner of KMST"), and a commissioner of Regional MST, (hereinafter referred to as the "commissioner of Regional MST "), to each Regional MST.

(2) The commissioner of KMST shall be appointed by the President at the request of the Minister among those who have qualifications as provided for under each of the subparagraphs of Article 9-2 (2).

(3) The commissioner of Regional MST shall be appointed by the President at the request of the Minister among those who have qualifications as provided for under each of the subparagraphs of Article 9-2 (3).

[This Article Wholly Amended by Act No. 3951, Nov. 28, 1987] Article 9-2 (Appointment of and Qualifications of Maritime judges) (1) The maritime judge of the KMST shall be appointed by the President at the request of the Minister and the maritime judge of each Regional Inquiry Agency shall be appointed by the Minister at the request of the commissioner of KMST. (2) A person who may be appointed as a maritime judge of the KMST shall fall under any of the following subparagraphs:

1. A person who has served as a maritime judge of the Regional MST for not less than four years;

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2. A person who obtained a license as a second-class or higher vessel officer as a mate, engineer, or ship's operator, (hereinafter referred to as a "license as a second- class or higher vessel officer"), and has served as a public official in general service of Grade IV or higher for not less than four years;

3. A person who has served as a public official in general service of Grade III or higher in the administration of maritime affairs and fisheries for not less than three years; or

4. A person whose total period of services as provided for under Subparagraphs 1 through 3 is not less than four years. (3) A person who may be appointed as a maritime judge of the Regional MST shall fall under any of the following subparagraphs:

1. A person who obtained a license as a first-class vessel officer as a mate, engineer, or operator and has been on board as a captain or chief engineer of a vessel which navigates an ocean-going sea area as its navigation area for not less than three years;

2. A person who obtained a license as a second-class or higher vessel officer and has served as a public official in general service of Grade V or higher for not less than two years;

3. A person who obtained a license as a second-class or higher vessel officer and has taught any subject on the navigation of vessels operation of marine engine for not less than three years at an educational institution as designated by Presidential Decree;

4. A person whose total period of services provided under Subparagraphs 1 through 3 is not less than three years; or

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5. A person who is qualified as a lawyer and has work experience of not less than three years.

[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] Article 10 (Disqualifications)

Any person who falls under any of the subparagraphs of Article 33 of the Government Officials Act shall not be appointed as the commissioner or maritime judge of the Inquiry Agency.

[This Article Wholly Amended by Act No. 8792, Dec. 21, 2007] Article 11 (Duties of the Commissioner and Maritime Judges of the MST) (1) The commissioner of KMST shall perform the following duties:

1. He/she shall take charge of the general affairs of the KMST, and direct and control the staff and personnel under his/her jurisdiction;

2. He/she shall organize an inquiry division of the KMST, and nominate a presiding maritime judge among maritime judges, provided, that he/she may be a presiding maritime judge in an important case;

3. He/she shall direct and control the general affairs of the Regional MST; and

4. In the event that a vacancy arises in any MST or there is any inevitable reason, he/she may have the maritime judge of the KMST act as a commissioner of 10

Regional MST, and a maritime judge of a Regional MST act as a maritime judge of another Regional MST.

(2) The commissioner of Regional MST shall perform the following duties:

1. He/she shall take charge of the general affairs of the Regional MST, and direct and control the staff and personnel under his/her jurisdiction; and

2. He/she shall organize the inquiry division in the Regional MST and preside over it as a presiding maritime judge.

(3) A maritime judge shall perform the duties of inquiry. (4) In the event that the commissioner of MST is unable to perform his/her duties due to unavoidable reasons, a senior maritime judge of the MST shall vicariously perform his/her duties, provided that a senior investigator as provided for under Article 16 (1) shall perform vicariously his/her duties other than the duties of inquiry.

Article 12 (Independent Authority of Maritime Judges) The presiding maritime judges and maritime judges shall perform their duties independently.

Article 13 (Status and Tenure of Maritime Judges) (1) The commissioner and maritime judge of each MST shall be public officials in extraordinary government service.

(2) The term of the commissioner and maritime judge of the Inquiry Agency MST shall be three years and may be renewed. 11

(3) The commissioner and maritime judge of the MST shall not be subject to dismissal from office, reduction of pay, or other disadvantageous dispositions contrary to their intentions without a criminal sentence, disciplinary action, or other laws and regulations. (4) The age limits of the commissioner and maritime judges of the MST shall be pursuant to the provision of Article 74, Paragraph (1), and Subparagraph 1. In this case, the "public officials in general services" shall be deemed as those in extraordinary government service equivalent to general services, public officials of fifth grades as those in the fifth grade, and public officials of sixth grade as those in the sixth grade. Article 13-2 (Transfer of Maritime Judges)

The Minister may transfer the commissioner of the Regional MST or maritime judge of any MST, which is in his/her tenure as provided for in Article 13 (2) to a corresponding position in another MST only when it is deemed inevitable for carrying out the duties of an inquiry.

[This Article Newly Inserted by Act No. 2876, Dec. 31, 1975] Article 14 (Non-Permanent Maritime Judges )

(1) Each MST shall have a non-permanent maritime judge, and the commissioner of each MST shall appoint said non-permanent maritime judge among persons who have the education and experience necessary for performing the relevant duties.

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(2) The non-permanent maritime judges shall participate in an inquiry of a case in which it is very difficult to clarify causes of marine accidents.

(3) The duties and authorities of non-permanent maritime judges who participate in an inquiry shall be the same as those of maritime judges.

(4) Matters necessary for the numbers and qualifications of non-permanent maritime judges to be assigned to each MST shall be as determined by Presidential Decree. Article 15 (Exclusion, Challenge, and Evasion of Maritime Judges and Non- Permanent Maritime Judges ) (1) Where any maritime judge, (including the presiding maritime judges. Hereinafter the same shall apply in this Article), or non-permanent maritime judge falls under any of the following subparagraphs, he/she shall be duly excluded from the execution of his/her duties:

1. A maritime judge or non-permanent maritime judge who has, or has had, a kinship with a person related to a marine accident;

2. A maritime judge or non-permanent maritime judge who bears witness to or gives expert opinions on a case concerned;

3. A maritime judge or non-permanent maritime judge who takes part in a case concerned as an inquiry counselor or agent of a person related to the marine accident concerned;

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4. A maritime judge or non-permanent maritime judge who carries out the duties of an investigator in the case concerned;

5. A maritime judge or non-permanent maritime judge who takes part in the inquiry of a previous trial; and

6. A maritime judge or non-permanent maritime judge who is the owner, operator, or charterer of a vessel which is subject to the inquiry. (2) The investigator, person related to the marine accident, and inquiry counselor may request a challenge of a maritime judge or non-permanent maritime judge in a case falling under any of the following subparagraphs:

1. A maritime judge or non-permanent maritime judge who falls under any of the subparagraphs of Paragraph (1); and

2. A maritime judge or non-permanent maritime judge who is likely to conduct an unfair inquiry.

(3) Any person who has already made a statement about a case concerned at the inquiry court shall not request a challenge of the maritime judge or non-permanent maritime judge only for reasons as provided for under Subparagraph 2 of Paragraph (2), provided, however, that in the event that he/she does not know there exists such a reason for a challenge or where any reason for a challenge occurs thereafter, the same shall not apply.

(4) In the event that it is deemed that there exists a reason as provided for under Paragraph (2), the maritime judge or non-permanent maritime judge may evade his/her duties.

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(5) The decision on an exclusion, challenge, or evasion of a maritime judge or non-permanent maritime judge shall be made by the collegiate inquiry division of the MST to which the maritime judge or non-permanent maritime judge belongs, provided, however, that in the event that a special inquiry division is established, such a decision shall be made by the collegiate inquiry division of the Regional MST in which the special inquiry division is established.

Article 16 (Investigators, etc.)

(1) Each MST shall have a senior investigator, investigators, and other personnel supporting investigation affairs.

(2) The senior investigator, investigators, and other personnel supporting the investigation affairs as provided for under Paragraph (1) shall be appointed as public officials in general service, but the number thereof shall be as determined by Presidential Decree.

[This Article Wholly Amended by Act No. 3951, Nov. 28, 1987] Article 16-2 (Qualifications of Investigators)

(1) A person who may be appointed as a investigator general of the KMST, (hereinafter referred to as the "investigator general"), shall fall under any of the following paragraphs:

1. A person who corresponds to Article 9-2, Paragraph (2), Subparagraph 1 and 2;

2. A person who has served for not less than three years, (including one year or more for which the person served in the affairs related to marine safety), as a public official in general service of Grade III or higher in the administration of maritime affairs and fisheries;

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3. A person who served for not less than four years, including work-training periods as provided for under Subparagraphs 1 and 2.

(2) A person who may be appointed as an investigator of the KMST and a chief investigator of the Regional MST, (hereinafter referred to as the "senior Investigator"), shall have qualifications corresponding to those as provided for under Article 9-2, Paragraph (3), Subparagraphs 1 through 4, provided, that the qualifications of the investigator of the Regional MST shall be determined by Presidential Decree. [This Article Wholly Amended by Act No. 8792, Dec. 21, 2007] Article 17 (Duties of Investigators)

The senior investigators and investigators shall take charge of the investigation of marine accidents, requests for an inquiry, execution of judgments, and other affairs as determined by Presidential Decree.

[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] Article 18 (Principle of Identity of Investigators) (1) The investigators shall obey any orders of their superiors with respect to their affairs.

(2) The senior investigator may have his/her subordinate investigator carry out any part of the duties under his/her authority.

(3) The chief investigator may carry out the duties of his/her subordinate investigator or have other investigators performed them.

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(4)

Article 18-2 (Direction and Supervision of the Investigator general) (1) Investigator general shall direct and supervise all investigators as the highest supervisor of general investigation affairs, and with respect to detailed cases, shall control the investigators of the KMST and the senior investigator of the Regional MST. .

(2)

[This Article Newly Inserted by Act No. 3951, Nov. 28, 1987] Article 18-3 (Composition of the Special Investigation Division) (1) Where deemed necessary to perform a special investigation into a marine accident that falls under any of the subparagraphs of Article 22-2 (1), the Minister may, in order to investigate such accidents, compose a special investigation division made up of persons falling under each of the following subparagraphs:

1. Investigators (including senior investigators. hereinafter the same shall apply.);

2. Public officials of the relevant agencies related to marine accidents; and

3. Related experts in marine accidents. (2) The number of members of a special investigation division as provided for under Paragraph (1) shall be not more than ten persons, and the head of the special 17

investigation division shall be appointed among investigators by the Minister.

(3) The special investigation division shall prepare an investigation report within ten days after the completion of an investigation, and submit it to the Minister.

[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] Article 19 (Direction and Supervision of the General Affairs of Investigators) The commissioner of each MST shall direct and supervise the general affairs of investigators. In this case, the director shall not interfere with, or affect in any way, the intrinsic affairs of investigators.

Article 20 Article 20-2 (Training and Education of Maritime Judges, Investigators, etc.) In the event that it is deemed necessary for improving the quality of maritime judges, investigators, and other personnel, the commissioner of KMST may implement training and education under the conditions as provided by Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

[This Article Newly Inserted by Act No. 3951, Nov. 28, 1987] Article 21 (Instances)

The Regional MST shall carry out the inquiries of a first instance, and the KMST shall carry out the inquiries of a second instance. 18

Article 22 (Organization and Resolution of the Inquiry Division) (1) The Regional MST shall perform inquiries through a collegiate division which is composed of three maritime judges, provided, however, that for a minor case as determined by Presidential Decree, one maritime judge may conduct the inquiry. (2) The KMST shall perform inquiries through a collegiate division which is composed of not less than five maritime judges.

(3) Each MST shall have two non-permanent maritime judges nominated by the commissioner participate in a case as provided for under Article 14 (2), notwithstanding the provisions of Paragraphs (1) and (2).

(4) The collegiate inquiry division shall make a resolution by affirmative vote of a majority of maritime judges, (including the presiding maritime judges and non-permanent maritime judges). Article 22-2 (Composition of the Special Inquiry Division) (1) In the event that the commissioner of the KMST deems that high expertise is required for examining closely the causes of a marine accident falling under any of the following subparagraphs, he/she may compose a special inquiry division in the Regional MST that has jurisdiction over the case concerned:

1. A marine accident in which ten or more persons were killed or injured;

2. A marine accident which caused remarkably serious damage to a vessel and other facilities; and

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3. A marine accident which caused serious marine pollution due to an oil spill, etc.

(2) The special inquiry division as provided for under Paragraph (1) shall be composed of two maritime judges who have specialized knowledge and that are available to investigate the causes of marine accidents, and the commissioner of the Regional MST who has jurisdiction over the case, however, the commissioner of the Regional MST shall preside over the case. [This Article Newly Inserted by Act No. 3951, Nov. 28, 1987] Article 23 (Personnel of the Inquiry Division)

(1) An inquiry division shall have clerks, inquiry court guards, and inquiry assistant personnel.

(2) Clerks shall attend inquiries and take charge of affairs regarding the preparation, maintenance, or delivery of documents under the orders of the presiding maritime judge and maritime judges.

(3) Inquiry court guards shall take charge of keeping public order in the inquiry court under the order of the presiding maritime judge. (4) Inquiry assistant personnel shall take charge of inquiry subsidiary business activities under orders of the presiding maritime judge and maritime judges except for investigations into evidence and clerical work.

(5) Clerks, inquiry court guards, and inquiry assistant personnel shall be designated or appointed by the commissioner among staff under his/her jurisdiction. 20

[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] CHAPTER II-2 JURISDICTION OF MARITIME SAFETY

TRIBUNAL Article 24 (Jurisdiction)

(1) Any case to be presented under an inquiry shall fall under the jurisdiction of the Regional MST which has jurisdiction over the location where a marine accident occurred, provided, however, that in the event that the location of a marine accident is not ascertained, the jurisdiction of the case shall belong to the MST which has jurisdiction over the port where the vessel related to the marine accident is registered.

(2) In the event that the same case is pending in two or more Regional MST, its inquiry shall be performed by the Regional MST which received the initial request for inquiry.

(3) In the event that two or more cases related to the same vessel are pending in two or more Regional MST, the Regional MST which received the initial request for inquiry shall merge with the other cases to carry out the inquiry. (4) Two or more cases related to the same vessel shall be merged to be the subject of an inquiry.

(5) The jurisdiction over cases occurring outside the Republic of Korea shall be as determined by Presidential Decree. Article 25 (Transfer of Cases)

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(1) In the event that a Regional MST deems that a case does not belong to its jurisdiction, it shall make decision to transfer the case to the competent Regional MST. (2) The Regional MST to which the case was transferred under Paragraph (1) shall not transfer the case again to another Regional MST. (3) In any case referred to in Paragraph (1), the case shall be considered as pending in the Regional MST to which the case was transferred initially. Article 26 (Request for a Transfer of Jurisdiction) (1) Where deemed to be inconvenient for a person related to a marine accident to attend the competent Regional MST, an investigator or the person related to the marine accident may apply for a change of jurisdiction to the KMST as determined by Presidential Decree. In this case, the applicant may submit an application to the competent Regional MST, and the competent MST which received the application shall promptly deliver it to the KMST. (2) Where a request provided under Paragraph (1) is made, when it is deemed to be convenient for the inquiry, the KMST may, by decision, transfer the jurisdiction. CHAPTER III INQUIRY COUNSELS

Article 27 (Appointment of Inquiry Counsels )

(1) A person related to a marine accident or an interested person may appoint an inquiry counsel. 22

(2) The legal representative, spouse, lineal relative, and siblings of a person related to a marine accident may independently appoint inquiry counsel. (3) The inquiry counsels shall be appointed among those who are registered as inquiry counsels in the KMST, provided, however, that the same shall not apply to cases in which permission from the commissioner of the MST concerned is obtained. (4) Where there are two or more inquiry counsels appointed by a person related to a marine accident or an interested person with the same interests in the results of an inquiry, one representative inquiry counsel shall be appointed.

Article 28 (Qualifications for and Registration of Inquiry Counsels) (1) Persons qualified to act as inquiry counsels shall fall under any of the following subparagraphs:

1. Any person who falls under any of Subparagraphs 1 through 4 of Article 9-2 (3);

2. Any person who has served as a maritime judge or an investigator; and

3. Any person who obtained a license as a first-class mate, engineer, or ship's operator and has been engaged in legal advice services related to marine affairs for not less than five years or obtained a doctorate in law in the field of marine affairs as determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs;

4. Any person who has qualifications as an attorney. 23

(2) A person who intends to be engaged as inquiry counsel shall register in the KMST as determined by Presidential Decree.

[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] Article 28-2 (Disqualifications of Inquiry Counsels) Any person that falls under any of the following subparagraphs shall not be an inquiry counsel:

1. Any person who falls under any of the subparagraphs of Article 10; and

2. Any person for whom three years have not passed since his/her registration was canceled.

[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] Article 29 (Business, etc. of Inquiry Counsel )

(1) Inquiry counsels shall carry out the affairs of the following subparagraphs:

1. Agency or vicarious execution of an application, request, and representation, etc. made by a person related to a marine accident or an interested person to the Inquiry Agency under this Act; and

2. Technical advice related to a marine accident, which is given to a person related to a marine accident, etc.

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(2) The inquiry counsels shall perform their duties in good faith. (3) A person who is or was an inquiry counsel shall not reveal any secrets that he/she learned in the course of performing his/her duties.

Article 30 Article 30-2 (Inquiry Counsels Association )

(1) The inquiry counsels may establish an Inquiry Counsels Association, (hereinafter referred to as the "Association"), with permission from the Minister. (2) The Association shall be established as a corporation. [This Article Newly Inserted by Act No. 3951, Nov. 28, 1987] Article 30-3 (Business Activities)

The Association shall carry out the following business activities:

1. Inquiry aid business activities for persons related to marine accidents;

2. Business activities related to the prevention of marine accidents;

3. Arbitration of disputes between inquiry counsels and delegators; and 25

4. Other business activities related to inquiries and as designated by Presidential Decree.

[This Article Newly Inserted by Act No. 3951, Nov. 28, 1987] Article 30-4 (Procedures, etc. of Establishment)

Matters required for the establishment procedures of the Association, descriptions in the articles of association, executives, and supervision shall be as determined by Presidential Decree.

[This Article Newly Inserted by Act No. 3951, Nov. 28, 1987] Article 30-5 (Application Mutatis Mutandis of the Civil Act )

Regarding the Association, unless provided for in this Act, the provisions related to the incorporated association among the provision of the Civil Act shall apply mutatis mutandis to the Association. [This Article Newly Inserted by Act No. 3951, Nov. 28, 1987] CHAPTER IV PRE-INQUIRY PROCEDURES

Article 31 (Duties of Maritime Affairs and Fisheries Agency, etc.) (1) In the event that a maritime affairs and fisheries agency, police officer, special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, or head of the City/Gun/Gu recognizes that a marine accident falling under any of the subparagraphs of Article 2 (1) has occurred, he/she shall inform, without delay, said fact to an investigator 26

of the competent Regional MST. (2) In the event that an investigator requests a relevant agency for cooperation in order to collect evidence of facts or investigate a marine accident, the relevant agency shall comply with such said request. Article 32 (Duties of Consuls)

(1) In the event that any consul recognizes outside the Republic of Korea a fact that a marine accident falling under any of the subparagraphs of Article 2 (1) has occurred, he/she shall collect, without delay, evidence thereof and inform said evidence to the investigator general.

(2) The investigator general shall, upon receiving the information under Paragraph (1), transmit it without delay to the senior investigator of the competent Regional MST. Article 33 (Request for Factual Investigation)

(1) Any person related to a marine accident may request an investigation of the facts to the competent investigator with a detailed statement thereof.

(2) The investigator shall, upon receiving a request as provided for under Paragraph (1), conduct an investigation of the facts, and make a decision as to whether a request for inquiry is to be made or not, and notify the results thereof to the person who submitted said request. 27

(3) In the event that the investigator refuses a request as provided for under Paragraph (2), he/she shall obtain prior approval to do so from the investigator general. Article 34 (Investigation and Disposal of Marine Accidents) (1) Where an investigator finds that a marine accident has occurred, he/she shall promptly investigate such facts and collect evidence. (2) Where the investigator deems that it is not necessary to apply an inquiry related to a case as a result of an investigation, the investigator shall dispose that the case needs not be subject to an inquiry.

[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] Article 35 (Preservation of Evidence)

(1) In the event that an investigator, person related to a marine accident, or inquiry counsels recognizes that it would be difficult to adopt evidence unless the evidence is preserved in advance and thus requests to preserve the evidence, the Inquiry Agency may conduct an inspection, examination of a witness, or judge the evidence prior to an inquiry being conducted.

(2) Where a request is submitted as provided for under Paragraph (1), the evidence shall be indicated in writing, and the reason why such evidence is to be preserved shall be stated. (3) Nobody shall, in the event of a marine accident, perform any act hereunder without the permission of the investigator, provided, however, that the same shall not 28

apply under any inevitable circumstances:

1. Destruction or alteration of entries in a logbook, etc. or records in a vessel; or

2. Repair of a damaged hull, engine, or various other instruments and meters or other damaged parts of a vessel.

Article 36 (Confidentiality)

The investigators or their assistants shall keep secrets while investigating facts and collecting evidence, and shall be careful not to defame the reputations of any persons concerned.

Article 37 (Authority of Investigators)

(1) In the event that it is necessary in order to perform their duties, an investigator may make disposal of the following subparagraphs:

1. He/she may have persons related to the marine accident attend a hearing or ask questions of the persons;

2. He/she may inspect vessels or other places;

3. He/she may have persons related to the marine accident report, or order persons to submit books, documents, or other items;

4. He/she may request the government and public agencies to submit reports or materials and request the organizations for cooperation; and 29

5. He/she may have a witness, expert witness, interpreter, or translator appear, testify, bear witness, provide expert opinions, interpret, or translate. (2) The investigator may, where necessary, request the maritime affairs and fisheries agency to land any person, subject to a disposition as provided for under Subparagraph 1 of Paragraph (1), from the vessel within a period of seventy two hours. (3) Where an investigator orders a disposition as provided for under Subparagraph 2 of Paragraph (1), he/she shall carry a certificate attesting their authority, and present it to any persons concerned.

Article 38 (Request for Inquiry)

(1) In the event that an investigator recognizes that it is required to make inquiries into a case, he/she shall request an inquiry to the Regional MST. However, he/she shall not make a request for an inquiry into a marine accident that occurred more than three years ago. (2) Any request as provided for under Paragraph (1) shall be made with documents on which the fact of the marine accident is written. Article 39 (Designation and Notification of Persons Related to Marine Accidents)

(1) Where an investigator makes a request for an inquiry pursuant to Article 38, he/she shall designate a person deemed to be related to the cause of such a marine accident as a person so related to said marine accident. 30

(2) Where an investigator has designated a person related to a marine accident pursuant to Paragraph (1), he/she shall notify such said details to the person related to the marine accident as determined by Presidential Decree. [This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] Article 39-2 (Application for Inquiry by Interested Persons) (1) Where it is recognized that an examination of the causes of a marine accident is required, however no disposition is required pursuant to inquiries as provided for under Article 34 (2), a person who has an interest in such said marine accident may apply for an inquiry to the Regional MST as determined by Presidential Decree as to whether such a disposition is appropriate.

(2) Where an inquiry was applied pursuant to Paragraph (1), the competent Regional MST shall, by decision, have an investigator initiate an investigation and apply for an inquiry if such an application deems it reasonable, and shall decide to reject the application if such an application deems it unreasonable. [This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] CHAPTER V INQUIRY OF A REGIONAL MARITIME SAFETY

TRIBUNAL

Article 40 (Commencement of Inquiry)

The Regional MST shall commence the inquiry upon the investigator's request for an inquiry. 31

Article 41 (Open Inquiry)

The confrontation trial and judgment of the inquiry shall be implemented in an open inquiry court.

Article 41-2 (Remote Image Inquiry)

(1) Where a person related to a marine accident has difficulties in attending an inquiry court in person due to transport, etc., the commissioner of the MST may carry out a remote image inquiry.

(2) Matters necessary for the procedures, etc. of a remote image inquiry as provided for under Paragraph (1) shall be as determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs. [This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] Article 42 (Authorities of Presiding Maritime Judges) (1) The presiding maritime judge shall direct the inquiry while the court is held, and maintain public order in the court.

(2) The presiding maritime judge may order any person interfering with the inquiry to leave the court, or take any other measures necessary for maintaining public order in the court.

Article 43 (Designation and Change of Inquiry Date) (1) The presiding maritime judge shall determine the date of an inquiry. (2) The person related to a marine accident shall be summoned on the inquiry date, provided, however, that the presiding maritime judge may not summon a person related 32

to the marine accident who has attended the inquiry on one or more occasions. (3) The inquiry date shall be notified to an investigator, inquiry counsel, and persons related to the marine accident and who have not been summoned. (4) The presiding maritime judge may change the initial inquiry date ex officio or upon the application of a person related to the marine accident, investigator, or inquiry counsel. Article 43-2 (Concentrated Trial)

(1) Where it takes two or more days to progress a trial, the MST shall conduct a concentrated trial by continuing to hold court every day (2) The presiding maritime judge shall set the following inquiry date within ten days from the preceding inquiry date unless any special circumstances require otherwise. [This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] Article 44 (Summon and Examination)

The Regional MST may summon and examine a person related to a marine accident, witnesses, and other persons concerned on the inquiry date.

Article 45 (Necessary Pleading)

The judgment of an inquiry shall go through an oral pleading, provided, however, that in the event that a person related to a marine accident does not attend on the inquiry 33

date without any justifiable reason, a judgment may be made without his/her statement being heard. [This Article Wholly Amended by Act No. 2876, Dec. 31, 1975] Article 46 (Identity Interrogation)

The presiding maritime judge shall verify the identity of a person related to a marine accident by questioning them over his/her name, resident registration number, and address, and by questioning the type, etc. of licenses if the person related to a marine accident is a vessel officer or a pilot.

[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] Article 47 (Opening Statement of the Investigator) The investigator shall state the summary of the request for inquiry by referring to a written request for inquiry.

Article 48 (Investigation of Evidence)

(1) The Regional MST may investigate necessary evidence upon the application of the investigator, person related to the marine accident, inquiry counsel, or ex officio. (2) The Regional MST may, prior to the initial inquiry date, investigate only using the following methods:

1. Inspection of vessels or other places;

2. Order to submit books, documents, and other items; and 34

3. Request to submit a report or materials to the government and public agencies.

(3) The Regional MST shall not implement confinement, seizure, search, or other compulsory actions against a person, thing, or place related to a marine accident. Article 48-2 (Use of Hangul for Material Evidence) Documents such as logbooks to be submitted as evidence to the Inquiry Agency MST shall be, in principle, prepared in Korean (including the use of Korean and Chinese characters in combination), and in case documents are drawn up in a foreign language, the translation thereof shall accompany them.

[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] Article 49 (Oath)

In the event that the Regional MST has a witness, expert witness, interpreter, or translator testify, give expert opinions about, interpret, or translate investigation evidence in order to investigate those in accordance with Article 48 (1), the court shall allow the same person to swear in such a manner as determined by Presidential Decree.

Article 49-2 (Change, etc. in a Request for Inquiry) (1) An investigator may change the case name recorded in a request for inquiry or add, retract, or modify the fact of a marine accident or persons related to a marine accident.

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(2) The presiding maritime judge may request in writing an investigator to add, retract, or change persons related to a marine accident if he/she deems it necessary, given the progress of a trial.

(3) Where there are additions to, retractions of, or changes in the fact of a marine accident or persons related to a marine accident pursuant to Paragraphs (1) and (2), the presiding maritime judge shall promptly notify such said facts to the persons related to the marine accident or inquiry counsels.

(4) Matters necessary for requirements and procedures, etc. regarding the addition to, retraction of, or changes in a request for inquiry as provided for under Paragraphs (1) and (2) shall be determined by Presidential Decree. [This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] Article 49-3 (Withdrawal of a Request for Inquiry) An investigator may withdraw an inquiry until a judgment in the first judgment is made where an inquiry into a case for which an inquiry was requested becomes unnecessary and as determined by Presidential Decree, provided, however, that the same shall not apply to a case requested by the investigator by decision of the MST pursuant to Article 39-2.

[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] Article 50 (Principle of Evidential Inquiry)

The recognition of a fact shall be based on the evidence investigated on the inquiry day.

36

Article 51 (Principle of Strong Belief)

The probative force of evidence shall be decided at the discretion of the maritime judges.

Article 52 (Judgment on a Rejection of an Inquiry Request) The Regional MST shall reject by judgment any request for an inquiry in any of the cases under the following subparagraphs:

1. In the event that it does not have the authority to inquire into the case;

2. In the event that the request for an inquiry was suggested contrary to laws and regulations; and

3. In the event that it is impossible to conduct an inquiry according to the provision of Article 7.

Article 53 (Specifications of Reasons for Giving a Judgment) When a judgment is made, the main sentence and reasons thereof shall be specified.

Article 54 (Judgment on Merits)

In the event that a judgment is made on merits, the detailed facts of a marine accident and its causes shall be clarified, and the reasons the fact is recognized on the basis of evidence shall be specified, provided, however, that in the event that it is recognized the there is no such fact, the intention of such recognition shall be specified.

37

Article 55 (Announcement of Judgment)

The judgment shall be announced by a presiding maritime judge in an inquiry court based on the original copy of the judgment. Article 56 (Delivery of Judgment)

The commissioner of the MST shall deliver the original copy of the judgment to an investigator, person related to the marine accident or inquiry counsel within ten days. Article 56-2 (Method of Delivery)

Matters necessary for the notice, notification, or delivery of documents to a person related to a marine accident, inquiry counsel, or proxy shall be as determined by Presidential Decree. [This Article Newly Inserted by Act No. 3951, Nov. 28, 1987] Article 57 (Delegation to Laws and Regulations)

Matters other than those as provided for under this Act, which are necessary for the procedures of an inquiry, shall be determined by Presidential Decree. CHAPTER VI INQUIRY OF A KOREAN MARITIME SAFETY

TRIBUNAL

Article 58 (Application for a Second Instance)

(1) In the event that an investigator and person related to a marine accident object to the judgment, (including the judgment of the special inquiry division), of the Regional 38

MST, he/she may request a second instance of the KMST.

(2) An inquiry counsel may submit a request as provided for under Paragraph (1) on behalf of a person related to a marine accident, provided, however, that the request shall not be made against the intention specified by the person related to the marine accident. (3) The request for a second instance shall be submitted in writing with a reason thereof to the MST of the 1st instance.

Article 59 (Request Period for a Second Instance) (1) A request as provided for under Article 58 shall be made within 14 days from the date of receipt of the original copy of the judgment.

(2) In the event that a person entitled to make a request for a second instance fails to do so within the period as provided for under Paragraph (1) due to a cause not attributable to him/he, he/she may submit the request in writing to the court within 14 days from the date on which such a cause ceased to exist.

(3) Pursuant to Paragraph (2) the cause shall be vindicated.

Article 60 (Effect of Second Instance Request)

The effect of a request for a second instance shall cover the case concerned and all of the parties thereto. 39

Article 61 (Withdrawal of a Request for a Second Inquiry) A person who made a request for a second instance may withdraw their request up until such time as a judgment thereon is made.

[This Article Wholly Amended by Act No. 2876, Dec. 31, 1975] Article 62 (Rejection of a Request Due to a Violation of Laws and Regulations)

In the event that the procedures of a request for a second instance violate laws and regulations, the KMST shall reject the request by judgment. Article 63 (Return of a Case)

In the event that the Regional MST rejected a request for inquiry made in violation of laws and regulations, the KMST shall, by judgment, return the case to the Regional MST.

Article 64 (Rejection of a Request Due to a Rejection of Causes of a Regional Maritime Safety Tribunal)

In the event that the Regional MST did not reject a request for an inquiry although there is a cause that falls under any of the subparagraphs of Article 52, the KMST shall reject it by judgment.

Article 65 (Judgment on Merits)

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Except as otherwise provided for under Articles 62 and 64, the KMST shall make a judgment on the merits. Article 65-2 (Prohibition of Change of Disadvantage) In the event that a vessel officer or a pilot related to a marine accident requests a second instance or any second instance for the benefit of a vessel officer or a pilot related to a marine accident, the second instance shall not adopt a more serious disciplinary action than that determined at the first instance [This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] Article 66 (Provision of Application Mutatis Mutandis) Unless otherwise provided for under this Chapter, the KMST shall apply mutatis mutandis the provisions of Chapter 5 to the inquiry. CHAPTER VII OBJECTION

Article 67 (Request for Objection against Decisions) (1) Any person objecting to a decision made by the Regional KMST may make an objection to the KMST.

(2) The objection may be made up until the second instance is decided. Article 68 (Procedure of Objection)

(1) An objection shall be submitted in writing to the Regional MST. 41

(2) In the event that the Regional MST deems that the objection is reasonable, it may rectify the original decision.

(3) In the event that the Regional MST deems that the objection is entirely or in part unreasonable, it shall send the request to the KMST within three days of receiving it. (4) No objection shall suspend the execution of the original decision, provided, however, that in the event that the Regional MST deems that there is a reasonable reason, it may suspend its execution after hearing the opinions of an investigator. Article 69 (Objection, Related Documents, and Evidence) (1) Where an objection is made, the Regional MST shall, where necessary, send written evidence of the original judgment, other related documents, and evidence to the KMST.

(2) The KMST may demand the Regional MST to send the written evidence of the original judgment, other related documents, and evidence. Article 70 (Suspension of Execution of the Original Decision) (1) Where an objection is made, where deemed that the reason is reasonable, the KMST may suspend by decision the execution of the original decision after hearing the opinions of an investigator.

(2) As provided for under Paragraph (1), the Central Inquiry Agency shall send the original copy of its judgment to the Regional MST.

Article 71 (Decision on Objections)

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(1) The KMST shall make a decision on the objection after hearing the opinions of the investigator.

(2) In the event that an objection is contrary to the procedures of the objection or is unreasonable, a decision of rejection shall be decided. (3) As for decisions as provided for under Paragraphs (1) and (2), it is not required to state their reasons. Article 72 (Notification of Decisions to the Regional Maritime Safety Tribunal)

Any judgment of the KMST on an objection shall be notified to the Regional Inquiry Agency. Article 73 (Delegation Provisions)

Matters necessary for the decision on an objection shall be as determined by Presidential Decree.

CHAPTER VIII LITIGATION OVER JUDGMENT OF THE CENTRAL INQUIRY AGENCY

Article 74 (Jurisdiction, Period for Filing a Suit, and Restrictions Thereon) (1) Any suit over a judgment of the Central Inquiry Agency shall be exclusively subject to the jurisdiction of the Supreme Court. 43

(2) The suit as provided for under Paragraph (1) shall be filed within thirty days after the original copy of the judgment is received.

(3) The period as provided for under Paragraph (2) shall be the peremptory term.

(4) No suit shall be filed over a judgment of the Regional MST. Article 75 (Defendant)

As for a suit pursuant to Article 74 (1), the commissioner of the Central KMST shall be a defendant.

Article 76 Article 77 (Trial)

(1) Where a suit was filed according to Article 74 and the Supreme Court deems that the request is reasonable, it shall cancel the judgment by a adjudication. (2) Where the ruling to cancel the judgment was fixed according to Paragraph (1), the KMST shall conduct the inquiry again.

(3) As for the adjudication as provided for under Paragraph (1), the conclusion upon which the cancellation of a judgment was based in a trial of the Supreme Court shall bind the KMST with respect to the relevant case.

(4) Provisions of the Civil Procedure Act shall, unless otherwise provided for under this Act, apply mutatis mutandis to any case regarding the judgment of the KMST under this Act.

44

[Wholly Amended by Act No. 5809, Feb. 5, 1999; Dec 21, 2007] CHAPTER IX EXECUTION OF JUDGMENT, ETC.

Article 78 (Time for Execution of Judgment)

The judgment shall be executed after it has become final. Article 79 (Executioner of Judgment)

The judgment of the KMST shall be executed by the investigator general, and those of the Regional MST by the regional senior investigator.

Article 80 (Judgment on Revocation of a License)

In the event that a judgment on the cancellation of a license becomes final and conclusive, the investigator shall withdraw the license of a vessel officer or pilot, and send it to the maritime affairs and fisheries agency concerned. Article 81 (Judgment on Suspension of Duty)

When a suspension of duty becomes final and conclusive, the investigator shall withdraw and retain the license or certificate, and return it to the person concerned after the suspension period is concluded.

Article 81-2 (Invalidation of Disciplinary Action) 45

In the event that a vessel officer or pilot who was subject to a disciplinary action of duty suspension or reprimand according to Article 5 has a navigation record with no marine accidents for five or more years after the execution of a judgment on the disciplinary action is concluded, the disciplinary action shall be invalidated. In this case, matters necessary for the procedures of canceling the record on such a disciplinary action shall be determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs. [This Article Newly Inserted by Act No. 3951, Nov. 28, 1987] Article 82 (Invalidity Declaration and Notice of License) In the event that a person against whom a cancellation of a license or suspension of duty was decided, does not present his/her license of a vessel officer or pilot to an investigator, the investigator general shall declare the invalidity of such said license, and after giving notice thereof in the gazette, shall report said fact to the Minister.

Article 83 (Announcement of Judgment )

Where the investigator general judges to recommend or order the correction and improvement as provided for under Article 5 (3), he/she shall announce the details of the recommendation or order in the gazette and report said fact to the Minister, provided, however, that, where necessary, the details may be announced in newspapers.

[This Article Wholly Amended by Act No. 3951, Nov. 28, 1987] 46

Article 84 (Execution of Judgment, etc. )

(1) Any person who falls under any of the following subparagraphs shall take any necessary measures according to its intention. In the event that a senior investigator demands to inform him/her of the contents of such measures, the contents shall be notified to him/her without delay:

1. Any person who was judged to implement the correction or improvement according to Article 5 (3);

2. Any person who was requested to take a measure for the correction or improvement according to Article 5(2).

(2) In the event that the senior investigator reviews the contents of a notification according to Paragraph (1) and deems that the measures are not satisfactory, he/she may demand the correction or improvement of said measures.

[This Article Wholly Amended by Act No. 3951, Nov. 28, 1987] CHAPTER X SUPPLEMENTARY PROVISIONS

Article 85 (Payment of Allowance to Witnesses, etc.) Any witness, expert witness, interpreter, or translator who attends an inquiry pursuant to the provisions of this Act may be paid travel expenses, per diem, hotel charges, and fees of expert opinions, interpretation, or translation as determined by Presidential Decree.

47

Article 86 (Payment of Allowances to Non-Permanent Maritime Judges) Any non-permanent maritime judge who attends an inquiry may be paid an allowance as determined by Presidential Decree.

Article 87 (Restrictions on Administrative Appeal, etc.) The judgment made under this Act shall not be subject to any administrative appeal or objection under the Administrative Appeals Act or other laws and regulations. Article 88 (Fees)

Any person who intends to receive a copy of a written judgment or decision, etc. issued from each MST under this Act shall pay fees as determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs.

[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] CHAPTER XI PENAL PROVISIONS

Article 89 (Penal Provisions)

Any person who disclosed secrets learned while executing his/her duties in violation of Article 29 (3) shall be subject to imprisonment for not more than one year or payment of a fine not exceeding ten million won.

[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999] 48

Article 90 (Fine for Negligence)

(1) Any person who falls under any of the following subparagraphs shall be subject to a payment of a fine for negligence not exceeding two million won:

1. Any person who fails to implement a judgment that orders a correction or improvement according to Article 5 (3);

2. Any person who violates the provisions of Article 35 (3);

3. Any person who fails to comply with a decision of the investigator under Subparagraphs 1 through 3 of Article 37 (1), or who interferes with the compliance with a decision, provided, however, that the same shall not apply to any person who is not directly related to the cause of a marine accident in the case of Article 37 (1) 1 and 3;

4. Any person who refuses, interferes with, or evades an inspection by the MST as provided for under Subparagraph 1 of Article 48(2);

5. Any person who fails to present books, documents, or other items which he/she was ordered to present by the MST according to Subparagraph 2 of Article 48 (2) or who presented books, documents, or other items which are false; and

6. Any person who made false statements under oath under Article 49. (2) Any person who falls under any of the following subparagraphs shall be punished to a payment of a fine for negligence not exceeding five hundred thousand won:

49

1. Any person related to a marine accident who was summoned twice consecutively by the MST but did not attend without a justifiable reason not to;

2. Any witness, expert witness, interpreter, or translator who was summoned twice consecutively by the MST but did not attend or did not implement his/her duties without a justifiable reason not to; and

3. Any person who did not obey an order of the presiding maritime judge as provided for under Article 42 (2).

[This Article Wholly Amended by Act No. 3951, Nov. 28, 1987] Article 91 (Imposition and Collection, etc. of Fines for Negligence) (1) A fine for negligence as provided for under Article 90 shall be imposed and collected by the director of each Inquiry Agency as determined by Presidential Decree. (2) Any person who has an objection against a disposal that he/she shall pay a fine for negligence as provided for under Paragraph (1) may make an objection to the commissioner of each MST within thirty days from the date of receipt of such said punishment notice.

(3) Where a person liable to pay a fine for negligence as provided for under Paragraph (1) makes an objection pursuant to Paragraph (2), the commissioner of each MST shall notify such said fact to the competent court immediately, and the competent court which received such said notification shall make a judgment on the fine for negligence according to the Non-Contentious Case Litigation Procedure Act. (4) Where no objection has been made and the fine for negligence not paid within the period as provided for under Paragraph (2), the fine shall be collected pursuant to the example of a disposition of national taxes in arrears. 50

[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] ADDENDA (Government Organization Act) Article 1 (Enforcement Date)

This Act shall enter into effect on the date of its promulgation, provided, however, that......, part of laws and regulations amended according to Article 6 of Addenda, which was promulgated but is not effective prior to the enforcement date of this Act shall enter into effect on the enforcement date of each of such said laws and regulations.

Articles 2 through 5 Omitted.

Article 6 (Amendment of Other Acts)

(1) to <686> Omitted

<688> Parts of the Act on the Investigation and Inquiry into Marine Accidents shall be amended as follows:

Among Subparagraph 4 of Article 2, Article 4 (3), Article 20-2, Subparagraph 3 of Article 28 (1), Subparagraph 2 of Article 41-2, the latter parts of Article 81-2, and Article 88, the "Ordinance of the Ministry of Maritime Affairs and Fisheries" shall be amended as the "Ordinance of the Ministry of Land, Transport, and Maritime Affairs". Among Article 3, Article 9 (2) and (3), Article 9-2 (1), Article 13-2, parts other than each subparagraph of Article 18-3 (1) and Article 18-3 (2) and (3), Article 30-2 (1), Article 82, and the main sentence of Article 83, the "Minister of Maritime Affairs and Fisheries" shall be amended as the "Minister of Land, Transport, and Maritime Affairs." 51

<689> Parts of Amendment of Acts on the Investigation and Inquiry into Marine Accident shall be amended as follows:

In Article 9-2 (1), the "Minister of Maritime Affairs and Fisheries" shall be amended as the "Minister of Land, Transport, and Maritime Affairs". <690> through <760> Omitted.

Article 7 Omitted.