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Laws of the Republic of Korea |
Wholly Amended by ActNo. 3716,Dec. 31, 1983
Amended by ActNo. 3750,Aug. 7,1984
ActNo. 4062,Dec. 31, 1988
ActNo. 4546,Mar. 10, 1993
ActNo. 4925,Jan. 5,1995
ActNo. 4980,Dec. 6,1995
ActNo. 5114,Dec. 29, 1995
ActNo. 5335,Apr. 10, 1997
ActNo. 5339,Apr. 10, 1997
ActNo. 5453,Dec. 13, 1997
ActNo. 5454,Dec. 13, 1997
ActNo. 5809,Feb. 5,1999
ActNo. 5976,Apr. 15, 1999
ActNo. 6627,Jan. 26, 2002
ActNo. 6774,Dec. 11, 2002
ActNo. 9615,Apr. 1,2009
ActNo. 9773,Jun. 9, 2009
CHAPTER I. GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to improve user convenience and contribute to the development of the national economy and the promotion of public welfare by maintaining the order of maritime transport services, ensuring fair competition therein, promoting the sound development of maritime transport services and moving both passengers and freight effectively.
Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "maritime transport services" means such businesses as maritime transport services for passengers, maritime cargo transport services, shipping brokerage services, maritime agency services, vessel leasing services, and vessel management services;
2. The term "maritime transport services for passengers" means such businesses as those engaged in the transporting of passengers or passengers plus goods by passenger ships, (referring to ships with a seating capacity of 13 or more passengers; hereinafter the same shall apply), at sea or along inland waterways contiguous to the sea or such businesses as those providing ancillary services, which refer to businesses or services other than harbor transport-related services as prescribed in Article 2 (4) of the Harbor Transport Business Act;
3. The term "maritime cargo transport services" means such businesses as transporting goods by ship, (including barges connected with tugboats, hereinafter the same shall apply), or such businesses as providing ancillary services, (including chartered or leased vessels), at sea or along inland waterways contiguous to the sea, (excluding services operated by fishing operators transporting their own catches or products thereof from their fishing grounds), which refer to businesses or services other than harbor transport businesses as prescribed in Article 2 (2) of the Harbor Transport Business Act;
4. The term "chartered or leased vessels" means the charter or lease of the whole or part of vessels contracted mutually among the operators of maritime transport services for passengers or maritime cargo transport services, or between the operators of maritime transport services for passengers or maritime cargo transport services and foreigners, for the purpose of transporting passengers or goods by vessel;
5. The term "shipping brokerage services" means businesses for maritime cargo transport brokerage, vessel leasing, chartered or leased vessels, or the sales of vessels;
6. The term "maritime agency services" means such businesses acting as an agent of the operator of maritime transport services for passengers or maritime cargo transport services, (including foreign operators of transport services), for such usual transactions associated with the provision of the above services;
7. The term "vessel leasing services" means such businesses as leasing out other persons (including foreigners) vessels owned by persons other than the operators of maritime transport services for passengers or maritime cargo transport services including vessels chartered by such persons under contract for transferring the ownership;
8. The term "vessel management services" means such businesses as performing vessel management services, crew management services, marine insurance, etc., (including the business of performing the whole or part of vessel management services as entrusted by a foreign operator of vessel management services), which have been entrusted by the operators, (including foreigners), of maritime transport services for passengers, maritime cargo transport services, or vessel leasing services;
9. The term "vessel modernization support project" means the replacement of old vessels or the construction of new vessels by such operators of maritime transport services as selected by the Government with the financial aid of the Government or with financial support.
CHAPTER II. MARITIME TRANSPORT SERVICES FOR
PASSENGERS
Article 3 (Categories of Services)
Maritime transport services for passengers shall be classified into the following categories:
1. Coastwise regular passenger transport services: Maritime transport services for passengers operated over a specified service route and schedule between domestic ports, (including places located at sea or inland waterways contiguous to the sea, where at all times people may embark or disembark, or goods may be loaded or unloaded; hereinafter the same shall apply);
2. Coastwise non-regular passenger transport services: Maritime transport services for passengers operated not complying with a specified schedule between domestic ports;
3. Overseas regular passenger transport services: Maritime transport services for passengers operated over a specified service route and schedule between domestic and foreign ports or between foreign ports;
4. Overseas non-regular passenger transport services: Maritime transport services for passengers operated without a specified service route and schedule between domestic ports and foreign ports or between foreign ports;
5. Cruise passenger transport services: Maritime transport services for passengers operated, (including a call at a port for domestic and foreign touring locations), for leisure purposes using a passenger ship which is equipped with amenities such as lodging facilities and drinking facilities and entertainment facilities, and of which the size is more than that as prescribed by Presidential Decree; and
6. Complex maritime transport services for passengers: Maritime transport services for passengers performing any of those services falling under subparagraphs 1 through 4 in company with the services pursuant to subparagraph 5. Article 4 (License for Services)
(1) Any person who intends to carry out maritime transport services for passengers
shall obtain a license from the Minister of Land,
Transport, and Maritime Affairs for
each service route by category of services as prescribed in Article 3, provided that, in
the
case of coastwise non-regular passenger transport services pursuant to
subparagraph 2 of Article 3, the licenses for more than two
service routes may be
granted, and in the cases of overseas non-regular passenger transport services, and
cruise passenger transport
services and complex maritime transport services for
passengers, which fall under subparagraphs 4 through 6 of Article 3, the license
may
be granted irrespective of the service routes.
(2) The Minister of Land, Transport, and Maritime Affairs may, in granting a license
pursuant to paragraph (1), grant a license
by limiting the scope period or capacity of
maritime transport services for passengers, (hereinafter referred to as a "limited
license").
(4) The Minister of Land, Transport, and Maritime Affairs may, in granting a license
pursuant to paragraph (1), do so under the
conditions that the facilities, etc. pursuant
to subparagraphs 2 and 5 of Article 5 (1) shall be installed within the period as
prescribed by the Ordinance of the Ministry of Land, Transport, and Maritime
Affairs.
The Minister of Land, Transport, and Maritime Affairs shall, when granting a license
for maritime transport services for passengers,
inspect whether or not the service
plan submitted pursuant to Article 4 (3) conforms to each of the following
subparagraphs: 1. Commencement of the relevant service shall conform to the criteria of transport
demands as prescribed by the Ordinance of the
Ministry of Land, Transport, and
Maritime Affairs;
2. Vessel mooring facilities and other transport installations to be used for the
relevant service shall conform to the nature of
transport demands in the relevant
service route and the relevant service route itself;
3. Commencement of the relevant service shall not cause any concern with regards
to the safety of sea traffic;
4. The relevant service shall have an operation schedule suitable for customer
convenience;
5. The number of owned passenger ships and ship ages shall meet the criteria as
prescribed by the Ordinance of the Ministry of Land,
Transport, and Maritime
Affairs; and
(2) Notwithstanding Article 1 (1), in case of any of the following subparagraphs, the
examination for the criteria of transport
demands may be omitted.
1. When a license for coastwise non-regular passenger transport services
pursuant to the provision of Article 3 (2) is granted;
2. When a limited license pursuant to Article 4 (2) is granted;
3. When a license for a new maritime transport service for passengers pursuant
to Article 9 (3) is granted; and
4. When the auxiliary route operator is selected under Article 15 (1) to operate
an auxiliary route and the operator of passenger
transport services is ordered
to operate an auxiliary route pursuant to Article 16 (1).
Article 6 (Special Cases for Foreign Operators
of Maritime Transport
Services for Passengers)
(1) Notwithstanding Articles 3 through 5, if a foreign operator of maritime
transport services for passengers intends to operate
maritime transport services for
passengers between domestic and foreign ports, he/she shall obtain approval from
the Minister of
Land, Transport, and Maritime Affairs.
(2) Any person being obtained approval pursuant to paragraph (1) shall submit to
the Minister of Land, Transport, and Maritime Affairs
an application form attached
with a service plan as prescribed by the Ordinance of the Ministry of Land,
Transport, and Maritime
Affairs. 1. Whether the vessel mooring facilities to be used in the business concerned and
other transport facilities are suitable for the
operation of the route concerned; and
2. Whether the provisions of Articles 5 (1) 3 and 4 are satisfied.
Article 7 (Report on a Domestic Branch Established by Foreigners)
(1) When a foreigner carrying out maritime transport services for passengers
between domestic ports and foreign ports or between
foreign ports, intends to
establish a branch office in Korea in order to perform business activities incidental
to such services,
he/she shall file a report thereon with the Minister of Land,
Transport, and Maritime Affairs. The same shall also apply when intending
to alter
the reported matters.
No person who falls under any of the following subparagraphs shall be granted a
license for maritime transport services for passengers:
1. Minor who is declared, incompetent, or quasi-incompetent;
2. A bankrupt who has not been reinstated;
3. A person for whom two years have not passed since imprisonment without prison
labor or heavier punishment as sentenced by a court,
(including such cases where
it is deemed to have been executed), or since whose sentence execution has been
terminated or whose
sentence execution has been decided to be exempted;
4. A person who is under suspension of the execution of imprisonment without
prison labor or heavier punishment as sentenced by a
court;
5. A person for whom two years have not passed since a license for maritime
transport services for passengers has been revoked in
accordance with Article 19;
and
6. A corporation of which a representative falls under any of subparagraphs 1
through 5.
Article 9 (Customer Satisfaction Evaluation for the Operator of Coastwise
Passenger Transport Services)
(1) The Minister of Land, Transport, and Maritime Affairs may, in order to increase
maritime transport services, evaluate the satisfaction
of customers, (hereinafter
referred to as the "customer satisfaction evaluation"), in relation to the operation of
vessels as prescribed
by Presidential Decree for persons who have obtained a license
to operate coastwise regular passenger transport services or coastwise
non-regular
passenger transport services, (hereinafter referred to as the "operator of coastwise
passenger transport services").
(5) The Minister of Land, Transport, and Maritime Affairs may announce the results
of the customer satisfaction evaluation as prescribed
by Presidential Decree.
(6) Matters necessary for the method and procedure of the customer satisfaction
evaluation shall be prescribed by the Ordinance
of the Ministry of Land, Transport,
and Maritime Affairs, and matters relating to the organization and operation of the
customer
satisfaction evaluation committee of coastwise passenger ships pursuant to
paragraph (4) shall be determined by Presidential Decree.
Article 10 (Minimum Operation Period of Vessels)
Except in any of the following subparagraphs, a person obtained a license to operate
coastwise regular passenger transport services
shall operate vessels, which is rushed
into the licensed route, for more than one year. In this case, the period in which the
vessel
as prescribed by the Ordinance of the Ministry of Land, Transport, and
Maritime Affairs is suspended over the long term or business
is closed over the long
term, is not counted in these calculations.
1. Where the number of vessels temporarily increased or alternatively rushed into
the route in the special transport period, is decreased;
2. Where the operating vessel is replaced due to inspection and repair; or
3. Where the size of the operating vessel is decreased due to damage, age and
breakdown etc.
Article 11 (Cargo and Fare Rates)
(1) Any person gained a license for maritime transport services for passengers,
(including those who obtain approval pursuant to
the provision of Article 6, and
hereinafter referred to as the "operator of passenger transport services"), shall fix the
cargo
and fare rates in accordance with the Ordinance of the Ministry of Land,
Transport, and Maritime Affairs, and file in advance a
report thereon with the
Minister of Land, Transport, and Maritime Affairs. The same shall also apply when
intending to alter them.
Article 12 (Change of Service Plans)
(1) When the operator of passenger transport services intends to change his/her
service plan, he/she shall file in advance a report
with the Minister of Land,
Transport, and Maritime Affairs as determined by the Ordinance of the Ministry of
Land, Transport, and
Maritime Affairs. 1. Capacity increase replacement and capacity decrease of vessels (excluding
reserved vessels);
2. Change of port of call;
3. Change of the number and time of navigation of vessel; and
4. Suspension of vessel
(3) Matters necessary for approval pursuant to the provision of paragraph (2) shall be
prescribed by the
Ordinance of the Ministry of Land, Transport, and Maritime
Affairs in consideration of license criteria pursuant to the provision
of Article 5 (1).
Article 13 (Operation Pursuant to Plans)
(1) Except in cases of natural disaster or other inevitable causes, the operator of
passenger transport services shall operate pursuant
to his/her service plan.
(2) When the operator of passenger transport services has violated the provision of
paragraph (1), the
Minister of Land, Transport, and Maritime Affairs may order the
relevant operator of passenger transport services to operate pursuant
to his/her
service plan.
(1) Where the Minister of Land, Transport, and Maritime Affairs deems it necessary
for enhancing passenger transport services and
improving the public welfare, he/she
may order the operator of passenger transport services to implement the following
matters:
1. Changes in the service plan;
2. Changes in cargo and fare rates applicable to a monopoly or oligopoly service
route;
3. Improvement or alteration of facilities;
4. Subscription to insurance policies;
5. Measures necessary for the protection of ship's crew;
6. Joint utilization of facilities with other operators of passenger transport services;
7. Matters related to the improvement, replacement, and increase or decrease of
vessels;
8. Matters necessary for the safe operation of vessels; and
9. Matters necessary for the enforcement of international conventions on maritime
transport.
10. Observation of minimum navigation periods of vessels pursuant to Article 10.
Article 15 (Designation and Operation of Auxiliary
Routes)
(1) The Minister of Land, Transport, and Maritime Affairs may, in cases where it is
deemed necessary for securing maritime
transport services for island residents,
designate an auxiliary route which the State supports with any deficit amounts
generated
from its operation, (hereinafter referred to as the "auxiliary route"), and
select an operator to operate the auxiliary route, (hereinafter
referred to as the
"auxiliary route operator"), among the operators of coastwise passenger transport
services and order him/her
to operate the above auxiliary route.
(2) The Minister of Land, Transport, and Maritime Affairs shall agree with the
auxiliary route operator to determine matters relating
to the operation of the auxiliary
route, such as the operation plan of the auxiliary route as designated pursuant to
paragraph
(1) and the management of operated vessels, etc.
(3) The Minister of Land, Transport, and Maritime Affairs may evaluate the
operation of the auxiliary route as agreed and determined
pursuant to paragraph (2)
and may adopt preferential treatment for excellent auxiliary route operators. In this
case, the detailed
matters about the method and procedures of the evaluation and the
utilization of the results, etc. shall be determined and announced
by the Minister of
Land, Transport, and Maritime Affairs.
(6) The Minister of Land, Transport, and Maritime Affairs may, in cases where any
of the following subparagraphs relating to the
operation of the auxiliary route as
designated pursuant to paragraph (1) arise, may cancel the designation of the
auxiliary route.
1. Where a bridge is installed connecting the island concerned;
2. Where the route concerned can be operated because of an increase, etc. of
transport demand without any subsidies required for
the operation deficit amount;
or
3. Where it is unnecessary to designate the auxiliary route due to clear decreases,
etc. of transport demand.
(7) Matters necessary for the designation procedure of the auxiliary route, the
selection method of the auxiliary route operator,
and the determination and payment
method of the operation deficit amount, etc. relating to the designation and operation
of any
such the above auxiliary route shall be prescribed by Presidential Decree.
Article 16 (Order to Operate Auxiliary Route)
(1) The Minister of Land, Transport, and Maritime Affairs may, in cases where there
is no person available to operate the auxiliary
route designated pursuant to Article 15
(1) or where it is deemed necessary in an emergency situation, etc. such as natural
disaster,
order an operator of passenger transport services to operate its passenger
ship in the auxiliary route within a fixed period.
(2) The Minister of Land, Transport, and Maritime Affairs shall, where any cause of
the operation order pursuant to paragraph (1)
subsides, cancel its order.
(3) The Minister of Land, Transport, and Maritime Affairs shall compensate any
losses due to the observation of the operation order
pursuant to paragraph (1) and the
cancellation of the operation order pursuant to paragraph (2).
(4) Matters necessary for the determination and payment method of loss
compensation under paragraph (3) shall be prescribed by Presidential
Decree.
Article 17 (Succession to Services)
(1) Where the operator of passenger transport services transfers his/her business or is
deceased, or where a corporation merges
with another, the relevant transferee, its
transfereesuccessor, or a corporation surviving after the merger or a new
corporation
established by the merger, shall succeed to any and all of the rights and
duties afforded by the license.
(2) Any person who has taken over the whole of the facilities and equipment of
maritime transport services for passengers pursuant
to any of the following
procedures shall succeed to the rights and duties afforded by the relevant license:
1. An auction under the Civil Execution Act;
2. A realization under the Act on Rehabilitation and Bankruptcy of Debtor;
3. A sale of seized property under the National Tax Collection Act, the Customs
Act, or the Local Tax Act; or
4. The same procedure as procedures corresponding to the provisions of
subparagraphs 1 through 3.
(3) The provision of Article 6 shall apply mutatis mutandis with respect to any
person or corporation that has succeeded to the
rights and duties as referred to in
paragraph (1).
Article 18 (Suspension or Closure of Services)
(1) When the operator of passenger transport services intends to suspend or close
his/her services, he/she shall file a report thereon
with the Minister of Land,
Transport, and Maritime Affairs as determined by the Ordinance of the Ministry of
Land, Transport, and
Maritime Affairs.
(1) When the operator of passenger transport services falls under any of the
following subparagraphs, the Minister of Land, Transport,
and Maritime Affairs may
revoke his/her license or approval pursuant to Article 12 (2), or order the suspension
of the whole or
any part of the services in question, (including the suspension of
entry into and departure from a port imposed on any passenger
vessels owned by the
relevant operator), for a fixed period not exceeding 6 months, or impose a penalty
surcharge not exceeding
30 million won:
1. Where a maritime accident has occurred due to intentional act or gross
negligence of the operator of passenger transport services
or due to his/her
negligence in liability for due care in the appointment of, or supervision over, a
master;
2. Where the operator of passenger transport services has failed to take the
necessary protective measures for passengers, baggage,
or parcels subjected to a
maritime accident, or failed to compensate the victims for their losses, without
justifiable reason;
3. Where the operator of passenger transport services has failed to commence
navigation within one month from the launch date of
the vessel after obtaining a
license to provide passenger transport services;
4. Where the operator of passenger transport services has failed to perform the
approved matters within 15 days from the approval
date after obtaining approval
for a change of service plan pursuant to the provisions of Article 12 (2);
5. Where the operator of passenger transport services has failed to meet the license
criteria under Article 5 (1) 5 (except for cases
wherein the operator satisfies the
criteria within 2 months from the failure date); and
6. Where the operator of passenger transport services violates the provisions of
Articles 7 (1), 11 (1), 12 (1) and (2), 13 (2),
14, 16 (1), 18 (1) and (2), 21 (1), 22
(1), and 50 (1) or conditions incidental to its license.
(2) Where the operator of passenger
transport services falls under any of the
subparagraphs of Article 8, the Minister of Land, Transport, and Maritime Affairs
shall
revoke his/her license.
1. Where a corporation falls under subparagraph 6 of Article 8; and
2. Where a successor who has succeeded to the status of the operator falls under
any of subparagraphs 1 through 5 of Article 8.
Article 20 (Disposition of Penalty Surcharge)
(1) The penalty surcharge amount in accordance with the categories and levels of
offenses whereon the penalty surcharge is imposed
under Article 19 (1) and other
necessary matters shall be prescribed by Presidential Decree.
(2) In case a person who is required
to pay a penalty surcharge fails to pay it until the
due date, the Minister of Land, Transport, and Maritime Affairs shall collect
it by
referring to the practices of delinquency disposition of national taxes.
Article 21 (Formulation and Evaluation of Operation Management Rules)
(1) Any person who obtained a license to provide coastwise
passenger transport
services, (hereinafter referred to as the "operator of coastwise passenger transport
services"), shall formulate
the operation management rules under the conditions as
determined by the Ordinance of the Ministry of Land, Transport, and Maritime
Affairs in order to ensure the safety of passenger ships, and submit them to the
Minister of Land, Transport, and Maritime Affairs.
The same shall also apply when
intending to alter them.
(1) Operators of coastwise passenger transport services shall be subject to the
direction and supervision concerning safe operation
by a vessel operation manager,
(hereinafter referred to as the "operation manager"), appointed by the Korean
Shipping Association
established under the Korea Shipping Association Act,
(hereinafter referred to as the "Korean Shipping Association").
(2) Matters
necessary for the qualifications, methods, and procedures for
appointment or dismissal, and scope of duties of the operation manager
under
paragraph (1) shall be prescribed by the Ordinance of the Ministry of Land,
Transport, and Maritime Affairs.
1. Increase of the number of operation times of passenger ships;
2. Suspension of departure from a port; or
3. Change of operations under service plans.
(5) Operators of coastwise passenger transport services shall bear the expenses
incurred
in placing operation managers as determined by the Ordinance of the
Ministry of Land, Transport, and Maritime Affairs.
CHAPTER III. MARITIME CARGO TRANSPORT
SERVICES
Article 23 (Categories of Service)
The maritime cargo transport services shall be classified into the following
categories:
1. Coastwise cargo transport services: Maritime cargo transport services between
domestic ports;
2. Overseas regular cargo transport services: Maritime cargo transport services,
having vessels operating along fixed routes between
domestic and foreign ports,
or between foreign ports, pursuant to a specified schedule; and
3. Overseas non-regular cargo transport services: Maritime cargo transport services
other than those specified under subparagraphs
1 and 2.
Article 24 (Registration of Services)
(1) Any person who intends to carry out coastwise cargo transport services shall
register the above services with the Minister of
Land, Transport, and Maritime
Affairs in accordance with the Ordinance of the Ministry of Land, Transport, and
Maritime Affairs.
The same shall also apply when intending to alter the registered
matters.
(4) Where the owners of crude oil, raw materials for steel mills, liquefied gas, and
other principal cargo as prescribed by Presidential
Decree, (hereinafter referred to as
"large volume cargoes"), or a corporation de facto owned or controlled by the
owners of large
volume cargoes, have applied for the registration of maritime cargo
transport services in order to transport the large volume cargoes,
the Minister of
Land, Transport, and Maritime Affairs shall, notwithstanding the provisions of
paragraph (2), listen in advance
to advice on the influences, etc. of the domestic
maritime industry from the policy counsel committee composed of representatives
of
related industries, academic circles, and maritime transport experts, etc., and decide
on whether or not such above registration
is to be made.
(5) The criteria for a corporation de facto owned or controlled by the owners of large
volume cargoes, and the composition and operation
of the policy counsel committee
under paragraph (4), and other necessary matters, shall be prescribed by Presidential
Decree.
Article 25 (Special Case of Registration of Services)
(1) Any person who has his/her overseas regular cargo transport services registered
in accordance with the provision of Article 24 (2), (hereinafter referred to as the
"operator of overseas regular cargo transport
services"), may carry empty containers
or container-packed goods for export or import, (excluding container-packed goods
that are
traded among Korean nationals), between domestic ports without going
through the formalities of registration of coastwise cargo
transport services as
provided in Article 24 (1).
(2) Where any person who has his/her coastwise cargo transport services registered
in accordance with the provision of Article 24
(1) desires to perform temporary
services for transporting cargoes between domestic and foreign ports or between
foreign ports,
or where any person who has his/her overseas non-regular cargo
transport services registered in accordance with the provision of
Article 24 (2)
desires to perform temporary services for transporting cargoes between domestic
ports, such registration as required
for any of the foregoing cases may,
notwithstanding the provisions of Article 24 (1) and (2), be substituted by a prior
report
to the Minister of Land, Transport, and Maritime Affairs in accordance with
the relevant provisions of the Ordinance of the Ministry
of Land, Transport, and
Maritime Affairs.
Article 26 (Report on a Domestic Branch Office Established by Foreigners)
(1) Where a foreigner carrying out maritime cargo transport
services between
domestic and foreign ports or between foreign ports intends to establish a branch
office in Korea in order to
perform business activities incidental to his/her services,
he/she shall file a report thereon with the Minister of Land, Transport,
and Maritime
Affairs. The same shall also apply where he/she intends to modify any reported
matters.
Article 27 (Criteria for Registration)
(1) Any person who intends to carry out coastwise cargo transport services shall
ensure that the number of vessels is retained by
himself/herself in conformity with
the registration criteria as determined by the Ordinance of the Ministry of Land,
Transport,
and Maritime Affairs.
Article 28 (Public Announcement, etc. of Cargo Rates)
(1) The operators of overseas regular cargo transport services and the foreigners
who
carry out regular cargo transport services between domestic and foreign ports shall
fix their cargo rates in accordance with
the Ordinance of the Ministry of Land,
Transport, and Maritime Affairs, and publicly announce them so as to fully inform
all interested
parties, such as the cargo owners, thereof. The same shall also apply
when intending to alter them.
(3) Where the Minister of Land, Transport, and Maritime Affairs deems that there
exist such concerns as to the sound development
of the industry, such as excessive
levels of competition, etc. among overseas regular cargo transport services,
according to content
publicly announced or reported under the provisions of
paragraphs (1) and (2), he/she may issue an order to take any measures necessary
for
the alteration or adjustment of the concerns.
Article 29 (Agreement on Cargo Rates, etc.)
(1) Any person who has registered overseas cargo transport services, (hereinafter
referred to as the "operator of overseas cargo
transport services"), may enter into an
agreement on cargo rates, allocation of vessels, stowage, and other transport terms
and
conditions, or into joint activities, (in the case of a person who carries out
overseas irregular cargo transport services, excluding
agreements on cargo rates or
joint activities; hereinafter referred to as an "agreement"), with other operators of
overseas cargo
transport services, (including foreign operators of cargo transport
services), provided that an agreement that unreasonably restricts
participation in, or
withdrawal from, an agreement shall not be concluded.
(2) Where an operator of overseas cargo transport services, (including foreign
operators of cargo transport services who carry out
maritime cargo transport services
between domestic and foreign ports), has entered into an agreement pursuant to
paragraph (1),
he/she shall file a report on the content thereof with the Minister of
Land, Transport, and Maritime Affairs as prescribed by the
Ordinance of the
Ministry of Land, Transport, and Maritime Affairs. The same shall also apply when
the contents of any such agreement
have been changed.
(3) The Minister of Land, Transport, and Maritime Affairs may, in cases where the
content of an agreement reported pursuant to paragraph
(2) falls under any of the
following subparagraphs, order the necessary measures, such as a suspension of
enforcement, changes
or adjustments, etc. of the contents of the above agreement,
provided that when they are measures against any case as per subparagraph
3, he/she
shall notify the Fair Trade Commission thereof:
1. When it violates the provision of paragraph (1), or international conventions;
2. When it disturbs an order in maritime cargo transport services by unfairly
stipulating an allocation of vessels, stowage of cargos,
and other transport terms;
3. When it substantially restricts competition by unfairly raising cargo or fare rates,
or decreasing the frequency of operations;
and
(4) The operators of overseas cargo transport services who have entered into an
agreement under the provisions of paragraph (1)
and the Shippers' Association
prescribed by Presidential Decree shall mutually exchange sufficient information on
the transport
conditions, such as cargo rates, incidental expenses, etc. as prescribed
by the Ordinance of the Ministry of Land, Transport, and
Maritime Affairs, and
make consultations on the conditions before filing the report referred to in paragraph
(2). In this case,
both parties shall refrain from refusing consultation without any
justifiable cause.
The Minister of Land, Transport, and Maritime Affairs may, where deemed
necessary for strengthening international competitiveness,
maintaining order on
service routes, or ensuring the smooth transport of cargo, etc., order the persons who
carry out maritime
cargo transport services to implement the following matters:
1. Changes in their service plan;
2. Measures for protecting persons related to the operation of relevant vessels, such
as ship's crew or fishermen, etc. on service
routes;
3. Matters necessary for the safe navigation of vessels;
4. Matters necessary to enforce international conventions on maritime services; and
5. Subscriptions of maritime insurance.
Article 31 (Prohibited Acts for Operators of Overseas Cargo Transport
Services)
(1) Operators of overseas regular cargo transport services, (including the foreigners
under Article 28 (1)), shall not commit any
of the following acts:
1. An act of receiving a cargo rate lower or higher than the cargo rates publicly
announced pursuant to Article 28;
2. An act of rebating any part of the cargo rate already received in order to receive
actual cargo rate less than that publicly announced
pursuant to Article 28; and
3. An act of unfairly discriminating against consignor for non-commercial reasons.
(2) Any consignor who has entered into a transport
contract with an operator of
overseas regular cargo transport services, (including a foreigner as referred to in
Article 28 (1)),
shall not have his/her cargo transported for a cargo rate lower or
higher than that publicly announced pursuant to Article 28 or
solicit or accept a
rebate for any part of the paid cargo rate, by such unlawful means as receiving false
cargo invoices etc. concerning
the items or grades of cargo.
(3) Any person who carries out overseas non-regular cargo transport services,
(including the foreign operators of non-regular cargo
transport services), shall not
commit such acts as prescribed by Presidential Decree as unfairly discriminating
against consignor
for non-commercial reasons.
Article 32 (Provisions Applicable Mutatis Mutandis)
(1) The provisions of Articles 8, 12 (1), 17, 19, and 20 shall apply mutatis
mutandis
to maritime cargo transport services. In this case, "Articles 7 (1), 11 (1), 12 (1) and
(2), 13 (2), 14, 16 (1), 18 (1)
and (2), 21 (1), 22 (1) and 50 (1)" shall be regarded as
"Articles 12 (1), 13 (2), 26 (1), 28, 29 (2) and (3), 30, 31 (1) and (3),
and 50 (1)".
(2) The provisions of Article 4 (4) shall apply mutatis mutandis to overseas cargo
transport services. In this case,
the term "facilities, etc. pursuant to the provisions of
subparagraphs 2 and 5 of Article 5 (1)" referred to in the same paragraph
shall be
regarded as "criteria for vessels retained pursuant to the provisions of Article 27 (1)
or (2)".
(3) The provisions of Article 13 shall apply mutatis mutandis to overseas regular
cargo transport services.
CHAPTER IV. SHIPPING BROKERAGE SERVICES,
MARITIME AGENCY SERVICES, VESSEL LEASING
SERVICES, AND VESSEL MANAGEMENT SERVICES
Article 33 (Registration of Services)
(1) Any person who intends to carry out shipping brokerage services, maritime
agency services, vessel leasing services, or vessel
management services, (hereinafter
referred to as "shipping brokerage services, etc."), shall be registered with the
Minister of
Land, Transport, and Maritime Affairs in accordance with the Ordinance
of the Ministry of Land, Transport, and Maritime Affairs.
The same shall also apply
when he/she intends to change registration details.
(2) Any person who intends to carry out shipping
brokerage services, etc. pursuant to
paragraph (1) shall equip himself/herself with such facilities and management forms
as in
accordance with the Ordinance of the Ministry of Land, Transport, and
Maritime Affairs.
(2) Matters necessary for depositing service security money or taking out security
insurance pursuant to paragraph (1) shall be
prescribed by the Ordinance of the
Ministry of Land, Transport, and Maritime Affairs.
Article 35 (Revocation of Registration, etc.)
The Minister of Land, Transport, and Maritime Affairs may, where a person who
carries out shipping brokerage services, etc. violates
Articles 14, (limited to cases
pursuant to subparagraphs 1 and 8), 34 and 50 (1), which are applicable mutatis
mutandis in Article
36, revoke his/her registration, or order the suspension of the
services within a period not exceeding 6 months, or impose a penalty
surcharge not
exceeding 10 million won.
MARITIME TRANSPORT INDUSTRY
Article 37 (Long-Term Development Plans for the Maritime Transport
Industry)
(1) The Government shall formulate a long-term development plan for the maritime
transport industry every 5 years and publicly announce
the plans.
(2) The long-term development plans for the maritime transport industry pursuant to
paragraph (1) shall include the
following matters:
1. Matters concerning the demand and supply of vessels;
2. Matters concerning the demand and supply and welfare of ship's crew;
3. Matters concerning international cooperation in maritime transport; and
4. Other matters necessary for the sound development of the maritime transport
industry.
Article 38 (Support for the Acquisition of Vessels, etc.)
(1) Where persons licensed or registered for maritime transport services,
(hereinafter
referred to as the "operator of maritime transport services"), operate services falling
under any of the following
subparagraphs, if deemed that they require financial
support, the Government may subsidize or loan a portion of the required funds,
or
arrange for a loan thereof, as prescribed by Presidential Decree:
1. Importation of vessels operating between domestic ports;
2. Improvement or replacement of vessel facilities;
3. Repair of vessels; or
4. Shipbuilding pursuant to the vessel modernization support project.
(2) Where projects pursuant to paragraph (1) 1 or 4 are intended
for replacing
timeworn vessels, the Government may provide a subsidy or loan, or arrange for a
loan, in preference to other projects.
Article 39 (Fundraising, etc. for Vessel Modernization Support Projects)
(1) In order to efficiently support the construction project
of vessels under the vessel
modernization support project, the Government may create the necessary funds each
year, as prescribed
by Presidential Decree.
(2) The Minister of Land, Transport, and Maritime Affairs shall, where he/she
intends to select the operators of maritime transport
services for the vessel
modernization support project, formulate the criteria for such selection. In this case,
he/she shall ensure
that the persons falling under any of the following subparagraphs
are preferentially selected: 1. A person who has entered into a long-term cargo transport contract; and
2. A person who intends to build economical vessels.
Article 40 (Fostering Maritime Transport Organizations)
The Government shall
foster maritime transport organizations with the purpose of
enhancing the economic positions of the operators of maritime transport
services and
promoting their international activities.
Article 41 (Subsidies for Maritime Transport Mutual Aid Projects, etc.)
The Government may provide a subsidy or loan, or arrange
for a commercial loan, to
mutual aid projects in maritime transport and the installation and operation of joint
facilities, which
are conducted by the maritime transport organization, as prescribed
by Presidential Decree.
Article 42 (Special Cases of Ship Mortgage)
Loans may be made to persons who import, (including chartering), or build vessels
pursuant to Article 38 (1) 1 or 4 in order to
carry out maritime transport services,
under the conditions that the relevant vessels shall be promptly offered as security
after
acquiring the ownership of the vessels, even before making the registration for
an acquisition of the ownership of the vessels.
Article 43 (Measures etc. for Damage Compensation)
(1) The Minister of Land, Transport, and Maritime Affairs shall, where the operator
of coastwise maritime transport services suffers damage because of the construction
of an island-land and/or an island-island bridge
constructed as a public works project
pursuant to Article 4 of the `Act on the Acquisition of Land for Public Undertakings
and
Compensation', take necessary measures such as data provision etc. so that the
concerned operator/s of coastwise maritime transport
services may receive
appropriate compensation from the project company of the public works pursuant to
Article 4 thereof.
Article 44 (Support of Fares & Fees for Users of Passenger Ships)
State or local Governments may support part of fares & fees for
users of a passenger
ship within the range of its budget in order to promote the traffic facilities of island
areas.
Article 45 (Measures for Enforcing International Treaties, etc.)
The Minister of Land, Transport, and Maritime Affairs may, where
deemed
necessary for enforcing international conventions determining transport ratios among
member states, or in accordance with
agreements on transport, take such necessary
measures as the adjustment of vessel operations by international service routes, the
determination of transport ratios among the operators of maritime transport services,
or the establishment of a consultative organization
related thereto, etc.
Article 46 (Countermeasures, etc.)
(1) Where an operator of maritime transport services has been subjected to
disadvantageous treatment pursuant to any of the following
subparagraphs, and
which is contrary to the principles of reciprocity and equality, by government
agencies or maritime transport
organizations of a foreign state, the Government may
take countermeasures commensurate therewith against the vessel operation service
operators of such state, or their vessels belonging to the operators:
1. Imposition of fines or other charges;
2. Prohibition or restriction of vessels' entry into ports;
3. Prohibition or restrictions on cargo loading or unloading; or
4. Other matters as prescribed by Presidential Decree.
(2) The Government may, where a foreign vessel operation service operator
is
deemed to commit acts detrimental to the development of Korean maritime
transport, or interfere unduly with order in trade routes,
take such measures as
regulating the entry into ports against such operators or the vessels owned or
operated by him/her.
(3) The matters necessary for the measures pursuant to paragraph (1) or (2) and
procedures thereof shall be prescribed by Presidential
Decree.
Article 47 (Supervision)
The Minister of Land, Transport, and Maritime Affairs shall supervise those persons
who have received subsidies or loans pursuant
to this Act so as to ensure they use the
funds appropriately.
Article 48 (Exceptions from Application)
This Act shall not apply to maritime transport services for passengers or maritime
cargo transport services operated only with vessels
falling under any of the following
subparagraphs:
1. Vessels whose gross tonnage is less than 5 tons; and
2. Vessels operated only by oars or sails.
Article 49 (Restrictions, etc. on Transactions, Chartering, and Leasing of
Vessels)
(1) The Minister of Land, Transport, and Maritime Affairs may, where deemed
necessary for maintaining proper tonnage, and maritime
safety and order in service
routes, restrict the sale, (including the purchase under a bareboat charter on the
condition of acquiring
a vessel's nationality), or the chartering or leasing of vessels
with a person not entitled to own any vessels of the Republic of
Korea, or restrict
any assignment of vessels in the specified service routes or areas.
(2) The Minister of Land, Transport, and Maritime Affairs shall, where he/she
intends to impose any restrictions pursuant to paragraph
(1), publicly announce in
advance the sizes, kinds, ages, service routes, or service areas of the relevant vessels.
(3) Any person who intends to obtain exemptions from restriction measures pursuant
to the latter provision of paragraph (2) shall
obtain a permit from the Minister of
Land, Transport, and Maritime Affairs.
(1) The Minister of Land, Transport, and Maritime Affairs may, in the case of any of
the following subparagraphs, order the operators
of maritime transport services or
the consignor referred to in Article 31 (2) to submit the data as determined by the
Ordinance
of the Ministry of Land, Transport, and Maritime Affairs or to file a report
on their business operations. 1. Where the provisions of subparagraphs (1) through (5) of paragraphs (2) are
applicable;
2. Where it is necessary for the customer satisfaction evaluation of the operator of
coastwise maritime transport services for passengers
pursuant to the provisions of
Article 9;
3. Where it is necessary for the confirmation of fares & fees which the operator of
maritime transport services has reported pursuant
to the provisions of Article 11;
4. Where it is necessary for the confirmation of the operation in accordance with
the service plan of the operator of maritime transport
services pursuant to the
provisions of Article 13;
5. Where it is necessary for the confirmation of an agreement on fares etc.
pursuant to the provisions of Article 29;
6. Where it is necessary for the confirmation of the deposition of operating
guarantee deposits or the subscription of guarantee
insurance pursuant to the
provisions of Article 34; or
7. Where it is necessary for the inspection of the business performance of the
operation of maritime transport services in order
to establish any maritime policy
and develop maritime statistics, etc.
(2) The Minister of Land, Transport, and Maritime Affairs may, in the case of any of
the following subparagraphs, have public officials
under his/her command inspect
the books, documents, or other articles aboard the vessels or at their business places
or other places
as necessary. 1. Where it is necessary to confirm that any order of business renovation pursuant
to Articles 14 and 30 is made or its execution
is made;
2. Where it is necessary for the designation/operation of auxiliary routes pursuant
to Article 15 and the order of auxiliary route
operation pursuant to Article 16;
3. Where any reasons such as the cancellation of a license pursuant to Article 19
have arisen;
4. Where it is necessary for the confirmation of matters relating to the
announcement of fares etc. pursuant to Article 28;
5. Where it is necessary to confirm whether cargo is not transported for the fare
announced pursuant to Article 28 due to prohibited
acts for the operators of
overseas cargo transport services under Article 31 and/or using falsified methods
pursuant to paragraph
(2) of the same Article;
6. Where data pursuant to the provisions of paragraph (1) is not submitted or
reported where false data is submitted or reported;
or
7. Where it is deemed difficult to achieve the purpose of an inspection after
reviewing the submitted data and the reported content
pursuant to the provisions of
paragraph (1).
(3) The inspection plan, including inspection date and reason and contents etc. shall,
when the inspection pursuant to paragraph
(2) is conducted, be notified to the
inspected person no less than seven days prior to the inspection, provided that, such
notice
will be withdrawn in an emergency or where it is feared evidence may be
destroyed.
(4) Public officials who conduct an inspection pursuant to paragraph (2) shall present
a certificate indicating his/her authority
to the interested parties.
Article 51 (Hearing)
The Minister of Land, Transport, and Maritime Affairs shall hold a hearing, where
he/she intends to make dispositions falling under
any of the following
subparagraphs:
1. Revocation of a license under Article 19 or 32;
2. Revocation of a registration under Article 35; or
Article 52 (Fees)
Any person who intends to obtain a license or make a registration under this Act
shall pay the fees as prescribed by the Ordinance
of the Ministry of Land, Transport,
and Maritime Affairs.
(2) The officers and employees of the corporations or organizations established for
the promotion of maritime transport, who are
engaged in the duties entrusted under
paragraph (1) shall be deemed to be public officials in the application of Articles 129
through
132 of the Criminal Act.
Article 54 (Electronic Data Processing, etc. of Civil Affairs Administration)
The provisions of Article 89 of the Harbor Act shall
be applicable mutatis mutandis
to the electronic data processing of civil affairs administration etc. under this Act.
Article 55
(Disclosure)
The Minister of Land, Transport, and Maritime Affairs may, where deemed
necessary for maintaining order in the maritime transport
industry and protecting
consignor's rights and interests, disclose matters concerning the administrative
dispositions imposed on
the operators of maritime transport services, (including the
foreign operators of maritime transport services), for any violations
of this Act, as
prescribed by Presidential Decree.
Article 56 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by
imprisonment for not more than one year or with
a fine not exceeding 10 million
won:
1. A person who has carried out maritime transport services for passengers or
maritime cargo transport services in violation of Articles
4, 6 (1), or 24;
2. A person who has carried out shipping brokerage services in violation of Article
33;
3. A person who has received the subsidies or loans pursuant to Article 41 under
falsehood or through other illegal means; or
4. A person who has violated the restrictions pursuant to Article 49.
Article 57 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by
a fine not exceeding 3 million won:
1. A person who has violated Article 21 (1), 22 (1) or (3), or 31;
2. A person who has violated orders pursuant to Article 13 (2), (including in cases
applicable as mutatis mutandis in Article 32),
14 (1), (including cases of
subparagraphs 1 and 8 of the same paragraph and applicable as mutatis mutandis
in Article 36), 16 (1),
28 (3), 29 (3), or 30; or
3. A person who has violated a disposition of suspension of services pursuant to the
provisions of Article 19 (1), (including a case
applicable as mutatis mutandis in
Article 32) or 35.
Article 58 (Joint Penal Provisions)
If the representative of a corporation, or an agent, a servant, or any other employee
of the corporation or an individual has committed
an act in violation of Articles 56
and 57, not only shall such individual be punished accordingly, but the corporation
or individual
shall be punished by a fine as prescribed in each of the respective
Articles.
[Wholly Amended by Act No. 9615, Apr. 1, 2009]
Article 59 (Fine for Negligence)
(1) Any person who falls under any of the following subparagraphs shall be punished
by a fine for negligence not exceeding one million
won:
1. A person who has failed to make a report as prescribed in Article 7 (1), 11 (1), 12
(1), (including a case applicable as mutatis
mutandis in Article 32), 18, 26 (1), 28
(2), or 29 (2);
2. A person who has performed temporary transport without a prior report as
provided in Article 25 (2);
3. A person who has failed to publicly announce the cargo rates as prescribed in
Article 28 (1);
4. A person who has failed to submit a report or documents as prescribed in Article
50 (1), or has made a false report, or submitted
false documents; or
5. A person who has refused, interfered with, or evaded an inspection as prescribed
in Article 50 (2).
(2) The fine for negligence as referred to in paragraph (1) shall be imposed and
collected by the Minister of Land, Transport, and
Maritime Affairs as prescribed by
Presidential Decree.
(2) The Minister of Land, Transport, and Maritime Affairs shall neither file an
accusation as referred to in paragraph (1), nor
impose a fine for negligence as
prescribed in Article 59, against a person who has paid a penalty surcharge as
prescribed in Articles
19 (1), (including a case applicable as mutatis mutandis in
Article 32), 20, (including a case applicable as mutatis mutandis in
Articles 32 and
36), and 35.
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1984, provided that the provisions of
Article 27 (1) 4 and subparagraph 2 of Article
35 shall enter into force on January 1,
1986.
Article 2 (Preparation for the Establishment of the Institute of Technology)
(1) The Administrator of the Maritime and Port
Administration shall appoint an
establishment committee not exceeding 5 members, and have them take charge of all
affairs relating
to the establishment of the Institute of Technology.
(2) The establishment committee shall prepare the articles of incorporation
of the
Institute of Technology, and obtain the approval of the Administrator of the Maritime
and Port Administration.
(3) When the establishment committee has obtained the approval under paragraph (2),
they shall promptly make the registration for
the establishment of the Institute of
Technology under a joint signature arrangement.
Article 3 (Transitional Measures Concerning Vessel Operating Services)
Any person who has obtained a license for coastwise regular
passenger route services
or non-regular coastwise route services pursuant to the previous provisions before the
enforcement of
this Act, shall be deemed to have obtained a license for coastwise
passenger transport services under this Act; any person who has
obtained a license for
overseas regular passenger route services shall be deemed to have obtained a license
for overseas passenger
transport services under this Act; any person who has obtained
a license for coastwise regular cargo transport and non-regular cargo
transport
services shall be deemed to have obtained a license for coastwise cargo transport
services under this Act; any person
who has obtained a license for overseas regular
route services shall be deemed to have obtained a license for overseas regular cargo
transport services under this Act; and any person who has obtained a license for
overseas non-regular cargo liner services shall
be deemed to have obtained a license
for overseas non-regular cargo transport services under this Act, respectively,
provided that
he/she shall have his/her license renewed by satisfying the criteria for a
license as prescribed in Articles 5 and 27 not later
than December 31, 1985.
Article 4 (Transitional Measures Concerning Shipping brokerage services
Services, etc.)
Any person who was licensed to provide shipping brokerage services under the
previous provisions before the enforcement of this
Act shall be deemed to have
registered for maritime cargo transport brokerage services, and a person who was
licensed to provide
shipping agency services shall be deemed to have registered for
shipping agency services under this Act, respectively, provided
that he/she shall
satisfy the registration standards under Article 35 not later than December 31, 1985.
Article 5 (Transitional
Measures Concerning Penal Provisions)
In applying the penal provisions to acts committed prior to the enforcement of this
Act,
the previous provisions shall apply.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures Concerning the
Transfer or Takeover etc. of Maritime
Transport Services for Passengers) Any application for authorization for a transfer or
takeover
of maritime transport services for passengers, or a merger or dissolution of
juristic persons pursuant to the previous provisions
at the time of the enforcement of
this Act, shall be deemed to have filed a report under this Act.
(3) (Transitional Measures Concerning
the Institute of Korean Maritime Transport
Technology, etc.) The Institute of Korean Maritime Transport Technology at the time of
the enforcement of this Act shall be regarded as the Korean Institute of the Maritime
Transport Industry, and the Korean Maritime
Transport Technology Fund, as the
Maritime Transport Industry Research Fund under this Act.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures Concerning Fares
and Fees)
The fares and fees of the operator of coastwise passenger transport services, which
have been approved by the Administrator
of the Maritime and Port Administration
pursuant to the previous provisions at the time this Act enters into force, shall be
deemed
to have been reported under the amended provisions of Article 8 (1).
Article 3 (Transitional Measures Concerning Restrictions on
Licenses for
Maritime Cargo Transport Services)
Where any shipper of mass cargo has obtained a license for maritime cargo transport
services, or has succeeded to the services pursuant
to the previous provisions at the
time this Act enters into force, he/she shall be deemed to have obtained a license for
the provision
of maritime cargo transport services under this Act.
Article 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1996. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its
promulgation.
(2) (Transitional Measures Concerning the Registration of Coastwise Cargo Transport
Services) Any person who carries out coastwise
cargo transport services by vessels
whose gross tonnage is less than 100 tons, without obtaining the license pursuant to the
previous
provisions at the time this Act enters into force, shall submit a registration
under the amended provisions of the provision of
Article 26 (1), within one year of the
enforcement of this Act.
(3) (Transitional Measures Concerning the Registration of Overseas Cargo Transport
Services) Any person who has obtained a license
for overseas cargo transport services
pursuant to the previous provisions at the time this Act enters into force shall be
deemed
to have registered under the amended provisions of Article 26 (2).
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation, provided that the
provision of Article 4 of the Addenda shall enter
into force on the day the registration
for the establishment of the Institute of Development is made under the provision of
Article
3 (1).
Articles 2 and 3 Omitted.
Article 4 (Amendment of Other Acts) Omitted.
Article 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM
This Act shall enter into force on January 1, 1998.
(Proviso Omitted.)
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 6 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation,
provided that the amended provisions of Article
26 (1) shall enter into force six
months after the date of its promulgation.
Article 2 (Repeal of Other Acts)
The Act on the Support of the Maritime Transport Industry is hereby repealed.
Article 3 (Transitional Measures Concerning the Establishment
of Domestic
Branch Offices by Foreigners)
(1) Any foreigners who carry out maritime passenger transport services at the time
this Act enters into force, and who have established
branch offices in Korea, shall file
a report thereon pursuant to the amended provisions of Article 5-2 within two months
after
this Act enters into force.
(2) Any foreigners who carry out maritime cargo transport services between domestic
and foreign ports at the time this Act enters
into force, and who have obtained a
permit to establish branch offices in Korea under previous provisions, shall be
deemed to have
filed a report under the amended provisions of Article 26-2.
Article 4 (Transitional Measures Concerning the Imposition of a Penalty
Surcharge)
Notwithstanding the amended provisions of Articles 21 (1) and 38, the previous
provisions shall govern in imposing a penalty surcharge
against an act committed
before this Act enters into force.
Article 5 (Transitional Measures Concerning Coastwise Cargo Transport
Services)
A coastwise cargo transport service operator who has obtained a license under
previous provisions at the time this Act enters into
force shall be deemed to have
registered under the amended provisions of Article 26 (1).
Article 6 (Transitional Measures Concerning
Long-Term Development Plans for
the Maritime Transport Industry)
The basic plans for fostering the maritime transport industry which have been
formulated and publicly announced under Article 3
of the previous Act on the Support
of the Maritime Transport Industry at the time this Act enters into force shall be
deemed to
be the long-term development plans for the maritime transport industry
which have been formulated and publicly announced under the
amended provisions
of Article 44.
Article 7 (Transitional Measures Concerning Government Support)
Support such as subsidies or loans, etc. provided pursuant to the
previous Act on the
Support of the Maritime Transport Industry at the time this Act enters into force shall
be deemed support under
the amended provisions of Articles 45 and 48.
Article 8 (Transitional Measures Concerning Countermeasures Against Foreign
Countries)
The countermeasures taken against a foreign vessel operation service operator or
his/her vessels under Article 25 of the previous
Act on the Support of the Maritime
Transport Industry at the time this Act enters into force shall be deemed to have been
taken
under the amended provisions of Article 51.
Article 9 (Transitional Measures Concerning Penal Provisions)
The previous provisions,
(including the previous Act on the Support of the Maritime
Transport Industry), shall prevail in applying the penal provisions against
acts
committed before this Act enters into force.
Article 10 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force three months after the date of its
promulgation, provided that the amended
provisions of Article 26-2 (1) shall enter into
force on the date of the promulgation.
(2) Omitted.
ADDENDA
This Act shall enter into force on the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 8 Omitted.
Article 9 (Amendment of Other Acts) Sections <1> through <26> Omitted.
Some provisions of this Maritime Transport Act shall be amended as follows.
"Article 77 of the Harbor Act" in Article
54 shall be amended to read "Article 89 of
the Harbor Act".
Article 10 Omitted.
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