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Laws of the Republic of Korea |
[Effective: Feb. 6, 2009]
[Act No. 9446, Feb. 6, 2009, Partially Amended]
Ministry of Land, Transport and Marine Affairs (Marine Affairs Section) Tel: 02-2110-6382
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to protect the life and property of the public by prescribing matters necessary for the maintenance of seaworthiness and safety of navigation. Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "ship" refers to an object, (including an object equipped with an Outboard
Motor), which is used or which can be used
for navigation purposes on or in water
and floating marine structures as determined by the Ministry of Land, Transport and
Maritime
Affairs, such as mobile offshore drilling ships and floating hotels, etc.
2. The term "ship's facilities" refers to any kind of facility which is installed or is to be
installed on a ship, such as a hull,
engine, mast and displacement facilities, which is
determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
3. The term "ship's articles" refers to articles which are installed and kept on a Ship's
Facilities, as determined and publicly
announced by the Minister of Land, Transport
and Maritime Affairs, (hereinafter referred to as the "Minister").
4. The term "engine" refers to an object that consists of a facility such as a motor,
kinetic power transmission, boiler, pressure
ship and subsidiary organs, and its
control device.
5. The term "outboard motor" refers to an engine which can be attached to an outer hull
of a ship, and which is easily attachable
from the hull in a simple manipulation way.
6. The term "seaworthiness" refers to the ability which a ship must be equipped with in
order to secure its own stability, and indicate
a performance which enables the ship to
achieve safe navigation in certain weather or navigation conditions.
7. The term "load line" refers to the draft ship of full loading which enables a ship to
achieve safe navigation, and indicates a
maximum line under which the ship is able to
navigate safely with passengers or cargo onboard or loaded.
8. The term "stability" refers to a disposition wherein a ship which is floating in
equilibrium on the surface of the water is going
to return to its original equilibrium at
a time when the ship is leaned against one side by an outer force, such as waves or
wind,
etc.
9. The term "passenger" refers to a person who embarks on a ship and does not fall
under any of the following items:
(a) Crew;
(b) Infants aged below one;
(c) Individuals determined by Ordinance of the Ministry of Land, Transport and
Maritime Affairs as persons onboard, such as customs
officials.
10. The term "passenger ship" refers to a ship which can transport more than 13
passengers.
11. The term "small ship" refers to a ship whose length as measured by a method
specified in Article 27(1), Subsection 2 is less
than 12 meters.
12. The term "barge" refers to a ship which navigates by being towed or pushed by any
other ship.
13. The term "tugboat" refers to a ship which moves any other ship by towing or pushing
it.
14. The term "container" refers to an object that is repeatedly used for cargo
transportation by a ship, dischargeable by machinery
and loadable by an overlapping
method, and equipped with devices which enable it to be fixed to a ship or other
containers.
15. The term "bulk carrier" refers to a ship which is used for loading and transporting dry
cargo in bulk, such as grains and minerals,
etc.
16. The term "loading and unloading apparatus" refers to a machinery device which is
used for loading or discharging cargo, (including
fuel, food, engines, ship supplies,
and other materials for work used for the ship), and which are permanently attached
to the
structure, etc. of a ship hull.
17. The term "loading and unloading outfits" refers to an article which is attached to and
used for Loading and unloading apparatus
accessories or the Loading and unloading
apparatus itself.
Article 3 (Scope of Application)
(1) This Act shall apply to either the people of the Republic of Korea or to ships owned by
the Korean government, except for ships
falling under any of the following subsections:
1. War ships and police ships;
2. Ships operated only by oars and poles;
3. Ships determined by Presidential Decree except for ships set forth in Subsections 1
and 2.
(2) This Act shall apply to ships falling under any of the following subsections as a foreign
ship, in whole or in part, under conditions
prescribed by Presidential Decree, provided
that the provision of Article 68 shall apply to all foreign ships:
1. Ships used for a coastal regular passenger transport business or a coastal irregular
passenger transport business in accordance
with the provisions of Article 3,
Subsections 1 and 2 of the Marine Transportation Act;
2. Ships used for a coastal cargo transport business in accordance with the provisions of
Article 23, Subsection 1 of the Marine
Transportation Act.
(3) Notwithstanding the provisions of Sections (1) and (2), this Act may not apply, in whole
or in part, or
apply under conditions prescribed by Presidential Decree to ships falling
under any of the following subsections:
1. A ship falling under an agreement between the Korean government and another
government in connection with the scope of application
of this Act;
2. A ship falling under the contingency determined by Ordinance of the Ministry of
Land, Transport and Maritime Affairs, such as
victim's salvage, etc.;
3. A ship used for temporary navigation as a ship built for the sake of developing a ship
with a new characteristic or style;
4. A ship which navigates internationally only exceptionally, such as for sale to another
country.
Article 4 (Applying a Standard of Ship's Facilities)
In the event that Ship Facilities or Ship's Articles installed on a ship are
deemed to be equal
or superior in performance to the criteria for the Ship's Facilities to be installed according to
this Act,
the ship shall be deemed as having installed a Ship's Facilities or Ship's Articles
pursuant to this Act.
Article 5 (Relationships with International Conventions)
Where a safety criteria of an International Convention in effect internationally
is different
from the provisions of this Act in connection with the seaworthiness of a ship put out to
international navigation
and the safety of human life, the International Convention shall
prevail, provided that where the provisions of this Act include
stricter criteria than those of
the International Convention, the former paragraph shall not apply.
Article 6 (Participation, etc.
in Ship Inspection, etc.)
(1) Anyone or their agent who wishes to receive the inspection, examination survey, and
confirmation
of a ship in accordance with this Act shall participate, in person, at the site
where such inspections, Examination Survey and confirmation
are conducted.
(2) Anyone who participates in the inspection, etc. of a ship pursuant to Section (1) shall
provide the cooperation
necessary for inspection, examination survey, and confirmation.
(3) If anyone who must participate in the inspection, examination
survey, and confirmation
of a ship in accordance with the provisions of Sections (1) and (2) fails to participate or
provide the
required cooperation, the Minister may suspend the inspection, examination
survey, and confirmation.
Article 7 (Shipbuilding Inspections, etc.)
(1) A person who manufactures ships shall undergo a shipbuilding inspection by the
Minister in respect of any Ship's Facilities
installed in the ships under conditions
prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs,
(hereinafter
referred to as a "Shipbuilding Inspection").
(2) The Minister shall grant a Certificate for Shipbuilding Inspection as prescribed by
Ordinance of the Ministry of Land, Transport
and Maritime Affairs to a ship which has
passed a Shipbuilding Inspection.
Article 8 (Periodical Inspections)
(1) When a ship is first put to navigation or the validity of a Certificate of Ship Inspection
under Article 16 has expired, the
person who owns the ship shall undergo the Minister's
inspection for a Ship's Facilities and Load Line under conditions prescribed
by
Ordinance of the Ministry of Land, Transport and Maritime Affairs, (hereinafter referred
to as a "Periodical Inspection"), provided
that for a radio communication facility under
Article 29 and Ship Position Transmitters under Article 30, the Minister may, instead,
check to see whether the ship has undergone an inspection pursuant to the Radio Waves
Act.
(2) The Minister shall grant a Certificate of Ship Inspection determined by Ordinance of the
Ministry of Land, Transport and Maritime
Affairs to each of the ships which has passed
a Periodical Inspection under Section (1) by defining, respectively, the navigation
area,
the maximum number of allowable persons onboard, and the location of the Load Line.
(3) The necessary matters regarding the kind of navigation area under Section (2),
navigation area exceptionally permitted or restricted,
and the criteria for calculating the
maximum number of allowable persons onboard shall be determined by Ordinance of
the Ministry
of Land, Transport and Maritime Affairs.
Article 9 (Intermediate Inspections)
(1) Any person who owns a ship shall undergo an inspection from the Minister somewhere
between the Shipbuilding Inspection and the
Periodical Inspection under conditions
prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs,
(hereinafter
referred to as an "Intermediate Inspection").
(2) The Intermediate Inspection shall be divided into Category 1 and Category 2 and the
timing for Intermediate Inspections and
matters to be inspected shall be determined by
Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) The Minister shall record the results of an inspection pursuant to Article 8, Section (2) in
the Certificate of Ship Inspection
in respect of a ship which has passed an Intermediate
Inspection under Section (1).
(4) Anyone who is not able to undergo an Intermediate Inspection due to unavoidable
reasons, such as long-term navigation and fishing
in overseas waters, (meaning waters
other than in Korea, the same shall apply hereunder), may adjourn the period of the
Intermediate
Inspection under conditions as prescribed by Ordinance of the Ministry of
Land, Transport and Maritime Affairs.
(1) An owner of a ship falling under any of the following subsections shall undergo an
inspection by the Minister, (hereinafter
referred to as a "Temporary Inspection"), under
conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime
Affairs: 1. When renovating or repairing a Ship's Facilities as determined by Ordinance of the
Ministry of Land, Transport and Maritime Affairs;
2. When changing the content noted in a Certificate of Ship Inspection pursuant to
Article 8, Section (2), except for a minor change
that is not accompanied by a change
of Ship's Facilities, such as a change in the name, address of the ship-owner, the
ship's name,
and/or the shipping port;
3. When changing the use of a ship in accordance with Article 15, Section (2);
4. When newly installing or changing a radio communication facility in accordance with
Article 29;
5. When under conditions as prescribed by Ordinance of the Ministry of Land,
Transport and Maritime Affairs, such as a change of
a Load Line.
(2) The Minister shall record the results of inspections in the Certificate of Ship Inspection
pursuant to Article
8, Section (2) in respect of a ship which has passed a Temporary
Inspection under Section (1).
Article 11 (Temporary Navigation Inspections)
(1) In the event of using a ship for navigation prior to receiving a Periodical Inspection or
commissioning a foreign ship built
in a domestic shipbuilding yard, (meaning a ship
which has been built in a domestic shipbuilding yard and has been registered or
is to be
registered with a foreign country, the same shall apply to this Article), the owner or
builder of the ship shall undergo
an inspection of the Minister under conditions
prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs as
to
whether the ship has the requisite ability for navigation, (hereinafter referred to as a
"Temporary Navigation Inspection").
Article 12 (International Convention Inspections)
(1) An owner of a ship engaged in international navigation shall undergo an inspection
by
the Minister in accordance with international conventions internationally entered into
force in connection with a ship's Seaworthiness
and human life safety, (hereinafter
referred to as an "International Convention Inspection").
(2) The Minister shall issue and grant a International Convention Survey Certificate
determined by Ordinance of the Ministry of
Land, Transport and Maritime Affairs to a
ship that has passed an International Convention Inspection.
(3) In the event that an owner of a International Convention Survey Certificate granted
according to the provision of Section (2)
violates an International Convention as set forth
in Section 1, the Minister may retract the Certificate or suspend or revoke its
validity.
(4) Upon receipt of a request of an issuance of a International Convention Survey Certificate
by a foreign government, the Minister
may issue and grant the Certificate to the ship
after conducting an International Convention Inspection pursuant to Section (1).
(5) The necessary matters regarding the kind of International Convention Inspection,
issuance, retrieval, suspension of validity
and revocation of a International Convention
Survey Certificate, and the method for investigating a violation of an International
Convention, pursuant to Section 1 or Section 3, shall be determined by Ordinance of the
Ministry of Land, Transport and Maritime
Affairs.
Article 13 (Approval, etc. of Drawings)
(1) Anyone who wishes to undergo a Shipbuilding Inspection, Periodical Inspection,
Intermediate Inspection, and/or Temporary Inspection
in accordance with the provision
of Articles 7 through 10 shall obtain the Minster's approval in advance for the drawings
of the
ship under conditions prescribed by Ordinance of the Ministry of Land, Transport
and Maritime Affairs. The same shall apply to any
change of matters obtained through
the Minster's approval.
(3) Anyone who has obtained the Minister's approval according to the provision of Section
(1) shall build or renovate a ship in
accordance with the drawings submitted.
(4) A ship-owner shall retain the approved drawings in accordance with Section (1) in the
ship under conditions as prescribed by
Ordinance of the Ministry of Land, Transport and
Maritime Affairs.
(1) The preparatory matters necessary for conducting a Shipbuilding Inspection, Periodical
Inspection, Intermediate Inspection,
Temporary Inspection, Temporary Navigation
Inspection, (hereinafter all referred to as "Ship Inspections"), shall be determined
by
Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The owner of a ship shall receive a hull thickness measurement from the Minister under
conditions as prescribed by Ordinance
of the Ministry of Land, Transport and Maritime
Affairs as a preparation for inspection as referred to in Section (1).
(3) Notwithstanding the provision of Section (1), the Minister may ease or exempt
restrictions on the preparation work for inspections
and the submission of documents, etc,
in whole or in part, under conditions as prescribed by Ordinance of the Ministry of Land,
Transport and Maritime Affairs, given the structure / facility / size / use of the ship or its
navigation area.
(1) The Validity of a Certificate of Ship Inspection pursuant to Article 8, Section (2) and a
Certificate for International Convention
pursuant to Article 12, Section (2) shall be
determined by Presidential Decree within a period of 5 years.
(2) The Minister may
extend the validity of a Ship Survey Certificate and a Certificate for
International Convention under Section 1 under conditions
as prescribed by Presidential
Decree within a period of 5 months.
Article 17 (Prohibition of Ship Navigation Without a Certificate of Ship Inspection, etc.)
(1) Nobody shall put to navigation a
ship which does not carry a Ship Survey Certificate
under Article 2, Section (2), a Temporary Alteration Certificate under Article
10, Section
(3), a Temporary Navigation Certificate under Article 11, Section (2) and a International
Convention Survey Certificate
under Article 12, Section (2), and a Towing Certificate
under Article 43, Section (2), (hereinafter referred to as "Ship Survey
Certificate, etc.")
with the ship or retains a Ship Survey Certificate, etc. whose validity has been suspended.
(2) Nobody shall
use a ship for navigation in violation of the navigation-related conditions
mentioned in the Ship Survey Certificate, etc.
CHAPTER III
TYPE APPROVAL, ETC. OF SHIP'S ARTICLES OR SMALL SHIPS
Article 18 (Type Approval and Examination survey)
(1) When a person who seeks
to manufacture or import Ship's Articles or Small Ships
publicly announced by the Minister undergoes a Examination Surveyaccording
to
Section (6), the person shall obtain an approval in respect of the Minister's type,
(hereinafter referred to as "Type Approval"),
in advance.
(2) A person who seeks to obtain a Type Approval under Section (1) shall undergo a Type
Approval test, provided that, in the event
of being determined by Ordinance of the
Ministry of Land, Transport and Maritime Affairs, such as Ship's Articles that have
passed
a Examination Survey under the Industrial Standardization Act or the production
of Small Ships, etc., a Type Approval test may be
omitted.
(3) The Minister shall designate and announce a test organization in charge of the Type
Approval test as provided in Section (2),
(hereinafter referred to the "Designated Test
Organization"), under conditions as prescribed by Presidential Decree.
(4) Where a person who has obtained a Type Approval changes the content thereof, the
person shall obtain the Minister's approval
of said change. In such a case, in the event of
changing matters that have an influence on the performances of Ship's Articles or
Small
Ships, the person shall undergo a Type Approval test under Section (2) for the changed
items.
(5) A person who has obtained Type Approval under Section (1) and the Designated Test
Organization under Section (3) shall keep
the Ship's Articles that have passed a Type
Approval test. In this case, the same shall also apply to cases where change approval
has
been obtained under Section (4).
(6) A person who has obtained Type Approval or an approval of change under Sections (1)
and (4) shall undergo the Minister's Examination
Surveyfor Ship's Articles or Small
Ships in accordance with the criteria for a Examination Surveydetermined and publicly
announced
by the Minister. In such a case, for Ship's Articles or Small Ships that have
passed the examination survey, either a Shipbuilding
Inspection or a Ship Inspection
which has been first conducted shall be deemed as having been passed.
(7) The Minister shall issue a Certificate of Ship Equipment Inspection for Ship Use of
Approved Type that has passed the examination
survey, and mark the Ship's Articles
with a sign which indicates the Passing of a examination survey.
(8) The matters regarding the procedure of Type Approval, the person who has obtained
Type Approval, guidance / supervision for
the Designated Test Organization, the scope
of keeping Ship's Articles and the form / issuance of a Certificate of Examination survey,
etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime
Affairs, and the criteria for Type Approval
Examination Survey under Section (2) shall
be determined / publicly announced by the Minister.
Article 19 (Cancellation, etc. of Type Approval)
(1) When a person who has obtained Type Approval falls under any of the following
subsections, the Minister shall may cancel the
Type Approval or suspend its validity by
defining a certain period within 6 months, provided that, in case of falling under
Subsection
1 or 3, the Minister shall cancel the Type Approval:
1. When he/she obtained Type Approval or approval of a change in a false or unlawful
manner;
2. When he/she underwent Examination Survey in a false or unlawful manner;
3. When Ship's Articles or Small Ships manufactured or imported are not in conformity
with the criteria for Ship Facilities under
Article 26;
4. When he/she fails to manufacture or import the Ship's Articles or Small Ships for
more than 2 years without a justifiable reason;
5. When he/she refuses an order of report submission of materials under Article 75.
(2) When the Designated Test Organization under
Article 18, Section (3) falls under any of
the following subsections, the Minister may cancel the designation or suspend its
validity
by defining a certain period within 6 months, provided that in case of falling
under Subsection 1 or 3, the Minister shall cancel
the designation:
1. When having been designated in a false or unlawful manner;
2. When no longer carrying out test-related affairs;
3. When falling short of the criteria for designation as a Designated Test Organization
under Article 18, Section (3);
4. When being deemed as having lost public trust due to errors / mistakes / omissions,
etc. of Type Approval Examination survey;
5. When refusing to conduct Type Approval Examination Survey without a justifiable
reason;
6. When conducting unlawful acts or receiving undue charges in connection with Type
Approval Examination survey.
(3) The matters regarding the cancellation / suspension of Type Approval and the
cancellation / suspension as a Designated Test
Organization under Sections (1) and (2)
shall be determined by Ordinance of the Ministry of Land, Transport and Maritime
Affairs.
(3) Ship's Articles or Small Ships which have been manufactured or refurbished in a
Recognized Manufacturing (Maintenance) Factory
as designated by the Minister in
accordance with Section (1) and which have passed the Recognized Manufacturing
(Maintenance) Factory's
own inspection criteria shall be deemed as having passed the
earlier of either the Shipbuilding Inspection or Ship Inspection, provided
that the Ship's
Articles or Small Ships as determined / publicly announced by the Minister shall be
deemed as having passed such
inspection, only when the same inspection is confirmed
by the Minister in person.
Article 21
(Cancellation, etc. of Designation of Recognized Manufacturing (Maintenance) Factory)
(1) When the person who has been designated
as Recognized Manufacturing(Maintenance)
Factory falls on any of the following subsections, the Minister may cancel the
designation
or suspend its validity by defining a certain period within 6 months,
provided that in case of falling on Subsections 1 and 2, the
Minister shall cancel the
designation. 1. When the person has been designated as Recognized Manufacturing(Maintenance)
Factory in a false or unlawful way;
2. When Ship's Articles or Small Ship manufactured or refurbished does not meet the
criteria for Ship's Facilities under Article
26;
3. When the person sells Ship's Articles whose validity has been terminated;
4. When the person fails to continue to manufacture or refurbish the Ship's Articles or a
Small Ship for more than 1 year without
a justifiable reason;
5. When the Recognized Manufacturing(Maintenance) Factory does not meet the
criteria for designation under Article 20, Section (2);
6. When the confirmation under Article 20, section (3) is obtained in an unlawful way;
7. When the person refuses an order of report / submission of materials under Article 75.
(2) When the person whose designation of
Recognized Manufacturing (Maintenance)
Factory is cancelled in accordance with Section (1) shall not be designated as
Recognized
Manufacturing (Maintenance) Factory for 1 year after the date of
cancellation of such designation.
(3) The matters regarding the cancellation of designation and procedure of Recognized
Manufacturing (Maintenance) Factory under
Section (1) shall be determined by
Ordinance of the Ministry of Land, Transport and Maritime Affairs.
Article 22 (Preliminary Inspection)
(1) The person who which wishes to manufacture / renovate / repair / refurbish or import
Ship's Articles or a Small Ship determined
/ publicly announced by the Minister may
undergo the Minister's inspection (hereinafter referred to as "Preliminary Inspection")
in
accordance with the criteria determined / publicly announced by the Minister before
such Ship's Articles is installed in the
ship. In such a case, the necessary matters
regarding the procedure for Preliminary Inspection shall be determined by Ordinance
of
the Ministry of Land, Transport and Maritime Affairs.
(2) The person who seeks to undergo Preliminary Inspection according to Section (1) shall
obtain the Minister's approval for the
drawings of the Ship's Articles or a Small Ship's
hull. In such a case, the provision of Article 13, Section (2) shall apply mutatis
mutandis
to marking of approval for the drawings of Preliminary Inspection.
(3) The Minister shall issue a Certificate of Preliminary Inspection determined by Ordinance
of the Ministry of Land, Transport
and Maritime Affairs to Ship's Articles or the hull of a
Small Ship passed Preliminary Inspection in accordance with Section (1).
In such a case,
the Minister shall additionally mark the Ship's Articles with a sign of Pass.
(4) The Ship's Articles or the hull of a ship passed Preliminary Inspection under Section (1)
criteria shall be deemed as passed
the earlier of either Shipbuilding Inspection or Ship
Inspection first conducted.
(5) The provision of Article 14, Section (1) shall apply mutatis mutandis to preparation of
Preliminary Inspection. In such a case,
"Shipbuilding Inspection or Ship" Inspection in
the provision of Article 14, Clause 1 shall be deemed as "Preliminary Inspection."
CHAPTER IV TYPE APPROVAL, ETC. OF CONTAINERS
Article 23 (Type Approval and Examination survey, etc. of Containers)
(1) In the event of a container which is loaded on a ship
and is used for cargo transportation,
the person who seeks to manufacture the container whose area of floor is more than the
area
determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs
shall obtain the Minister's approval for type (hereinafter
referred to as "Container Type
Approval").
(4) The person who has obtained Container Type Approval or approval of change according
to Sections (1) and (3) shall undergo the
Minister's Examination Survey for the
container (hereinafter referred to as "Container Examination survey") in accordance with
the criteria for Examination Survey determined / publicly announced by the Minister. In
such a case, the Minister shall deliver
a Certificate of Container Examination Survey for
the container passed such a Container Examination survey.
(5) A container makers shall put a plate of Type Approval(hereinafter referred to as "Plate of
Container Type Approval") indicating
holding of Container Type Approval passed
Container Examination Survey in accordance with Section (3) on the container and the
Minister shall mark such a Plate of Container Type Approval with a sign confirming a
Pass Container Examination survey.
1. When the person has obtained Container Type Approval or approval of change in a
false or unlawful way.
2. When the person has undergone Container Examination Survey in a false or unlawful
way.
3. When the person fails to continue to manufacture a container for more than 2 years
after obtaining Container Type Approval or
approval of change.
(7) The necessary matters regarding the procedure for Container Type Approval and
approval of change, criteria
and procedure for designating Assigned Container Test
Organization, criteria for Type Approval Test and the guide / supervision
of the Person
who has obtained Container Type Approval and Assigned Container Test Organization
under Section (1) or (6) shall
be determined by Ordinance of the Ministry of Land,
Transport and Maritime Affairs.
(1) A owner of containers shall on his/her own conduct a safety check for the containers
after obtaining approval for his/her own
safety check method from the Minister. In such
a case, the owner may make a safety check business operator conduct such safety check
work on behalf of the owner.
(3) The necessary matters regarding the criteria / method and procedure for approval of
safety check and the criteria and guide
/ supervision, etc. of safety check business
operators and under Section (1) shall be determined by Ordinance of the Ministry of
Land, Transport and Maritime Affairs.
(1) Anyone shall not load a container whose safety check has not been undergone according
to Article 24 into a ship nor use the
container for cargo transport.
(2) Anyone who finds a container which can pose a threat to the safety of human life and a
ship
due to breakage / erosion or crack or a hazardous deformation, etc. shall
immediately report the fact to the Minister.
(4) The Minister may ask the owner of a container to pay the expenses required for taking a
step under Section (3).
Article 26 (Standards of Ship's Facilities)
A Ship's Facilities shall be in conformity with a Standards of Ship's Facilities determined /
publicly announced by the Minister.
(1) The Load Line shall be marked on the following ships according to the criteria
determined / publicly announced by the Minister,
provided that in the event of submarine
ships and other ships as set forth in the Ordinance of the Ministry of Land, Transport and
Maritime Affairs, marking of Load Line may be omitted.
1. A ship which is put out to international navigation.
2. A ship whose length determined by Ordinance of the Ministry of Land, Transport and
Maritime Affairs (hereinafter referred to as
"Length') is 12 meters or longer.
3. A ship whose length is less than 12 meters falling under any of the following items.
(a) A Passenger Ship
(b) A ship which loads / transports dangerous objects in bulk under Article 41.
(2) Anyone shall not transport passengers and cargo
in excess of Load Line marked
according to the provision of Section (1).
Article 28 (Keeping Stability)
(1) An owner of a ship which falls on any of the following subsections shall keep Stability
according to a criteria determined /
publicly announced by the Minister, provided that in
the event of a ship determined by Ordinance of the Ministry of Land, Transport
and
Maritime Affairs, such as a ship which is used for towing, rescue for marine accidents,
dredging or surveying, etc, the same
shall not apply.
1. A Passenger Ship
2. A ship whose length is 12 meters or longer
(2) In connection with Stability under Section (1), an owner of a ship shall submit
the
materials for Stability to the Minister for approval as to whether or not the Stability is
appropriate, and shall provide all
necessary materials approved for Stability to the
captain of the ship.
(4) The necessary matters regarding the criteria / procedure of approval in respect of
Stability under Sections (2) and (3) and
how to develop the materials for Stability and
the computer program to use for calculation purposes, etc. shall be determined /
publicly
announced by the Minister.
(1) An owner of a ship which falls under any of the following subsections shall obtain a
radio communication facility necessary
for carrying out Global Maritime Distress and
Safety System under the International Convention for Safety of Life at Sea. In such
a
case, said radio communication facility shall be in conformity with the performance and
criteria outlined under the Radio Waves
Act:
1. A Passenger Ship which is put to international navigation;
2. A ship whose gross tonnage is 300 tons or more and is put to international navigation,
other than ships of the foregoing Subsection
1.
(2) A ship determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs
other than ships under the provisions
of each subsection of Section (1) shall be equipped
with a radio communication facility in accordance with criteria determined by
Ordinance
of the Ministry of Land, Transport and Maritime Affairs. In such a case, the radio
communication facility shall be in
conformity with the performance and criteria outlined
under the Radio Waves Act.
Article 30 (Ship Position Transmitter)
(1) An owner of a ship determined by Ordinance of the Ministry of Land, Transport and
Maritime Affairs shall have the ship equipped
with a device which automatically
transmits the position of the ship, (hereinafter referred to as a "ship position transmitter'),
in accordance with criteria determined / publicly announced by the Minister in order to
secure the ship's safety of navigation
and to enable a quick response to marine accidents.
The Ship Position Transmitter shall function properly.
(2) Where a radio communication facility under Article 29, Section (1) or (2) has a function
of a Ship Position Transmitter, the
ship shall be deemed as being equipped with a Ship
Position Transmitter.
(3) In the event of determining that frequent appearances of piracy may pose a threat to the
safety of a ship, the captain of the
ship may stop the functioning of the Ship Position
Transmitter. In such a case, the captain shall record the fact in a logbook.
CHAPTER VI STEPS FOR SAFE NAVIGATION
Article 31 (Authority of Captains)
No person shall obstruct nor interfere with the captain's professional judgment for the safety
of a ship.
Article 32 (Keeping Publication for Navigation)
An owner of a ship shall keep publications for navigation, such as charts, tide tables, etc. as
determined by Ordinance of the Ministry
of Land, Transport and Maritime Affairs in the ship
under conditions as prescribed by Ordinance of the Ministry of Land, Transport
and Maritime
Affairs.
Article 34 (Confirmation, etc. of Loading and unloading apparatus)
(1) An owner of a ship with Loading and unloading apparatus and
Loading and unloading
outfits, (hereinafter referred to as a "Cargo Handling System"), shall receive a
confirmation of the Minister
for limit load, limit angle, and limit radius, (hereinafter
referred to as "Limit Load, etc."), in accordance with the criteria
determined by
Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) In the event of making a confirmation according to Section (1), the Minister shall grant a
Certificate of Limit Load, etc. as
determined by Ordinance of the Ministry of Land,
Transport and Maritime Affairs.
(2) The Minister shall keep the documents determined by Ordinance of the Ministry of Land,
Transport and Maritime Affairs in respect
of an inspection on the Cargo Handling
System, such as a Cargo Handling System inspection blotter mentioned under Section
(1).
Article 36 (Providing of Cargo Information)
(1) A shipper who tries to transport cargo which might cause hazards for ships or the
passengers onboard shall provide the captain
of the ship the information on said cargo
before loading the cargo.
(2) The type of cargo for which information must be provided pursuant to Section (1) shall
be determined by Ordinance of the Ministry
of Land, Transport and Maritime Affairs.
Article 37 (Provision, etc. of a Toxic Gas Density Measuring Device)
In the event of loading and transporting cargo in bulk which
may generate hazardous gas or
create a lack of oxygen, an owner of a ship shall supply the captain of the ship with a device
which
is capable of measuring the density of hazardous gas or oxygen, and its operating
manual, under conditions as prescribed / publicly
announced by the Minister.
Article 38 (Safety Steps for Use of Sterile Medicines)
In the event of using sterile medicines, such as disinfectants, etc. in order
to sterilize a ship,
the captain of the ship shall take all safety steps as prescribed / publicly announced by the
Minister.
(3) Where an owner of a ship loads / transports cars and cargo into a transport carrier,
(meaning a ship in which decks capable
of loading / transporting cars, etc. which are
used for land transportation are installed), such as cars, the owner shall comply
with the
Cargo Securing Manual approved in accordance with Section (1), and take all necessary
steps under conditions as prescribed
by Ordinance of the Ministry of Land, Transport
and Maritime Affairs.
(5) All necessary matters regarding the method for loading / lashing cargo under Sections
(1) through (4) shall be determined by
Ordinance of the Ministry of Land, Transport and
Maritime Affairs.
(1) An owner of a ship shall provide to the captain of said ship the information in respect of
the ship's Stability / nature of
the cargo and a method for loading cargo prior to
transporting the bulk cargo.
(2) An owner of a ship who attempts to transport bulk cargo shall take all necessary safety
steps.
(3) The necessary matters regarding a ship's Stability, the nature of the cargo, the content of
the process of loading the cargo
and safety steps, etc. shall be determined by Ordinance
of the Ministry of Land, Transport and Maritime Affairs.
Article 41 (Transport of Dangerous Articles)
(1) Any person who tries to load / transport or store dangerous articles in a ship shall load /
transport or store such said dangerous
articles in accordance with a method suitable for
preventing danger and for preserving the safety of life at sea.
(2) Any person
who tries to load / transport or store dangerous articles according to Section
(1) shall undergo a Minister's inspection or obtain
his/her approval in respect of the
appropriateness of the method.
Article 42. (Enhanced Inspection of Tank Carriers, etc.)
(1) An owner of a tank carrier / bulk carrier and a dangerous bulk carrier,
(excluding LPG
bulk carriers), shall undergo a Minister's inspection, (hereinafter referred to as a
"Enhanced Inspection"), for
those matters determined by Ordinance of the Ministry of
Land, Transport and Maritime Affairs, such as the confirmation, etc. of
the thickness of
the materials consisting of the ship hull's structure, in addition to a Shipbuilding
Inspection and a Ship Inspection,
provided that the same shall not apply to a ship which
is not put to international navigation and as determined by Ordinance of
the Ministry of
Land, Transport and Maritime Affairs.
(3) The method and procedure for the Enhanced Inspection under Section (1) shall be
determined by Ordinance of the Ministry of Land,
Transport and Maritime Affairs.
Article 43 (Tugboat Navigation Inspection for Tugboats)
(1) In the event of towing a barge and other structures, etc., an owner
of a tugboat shall
undergo a Minster's inspection, (hereinafter referred to as a "Tugboat Navigation
Inspection"), under conditions
as prescribed by Ordinance of the Ministry of Land,
Transport and Maritime Affairs.
(4) The provision of Article 14, Section (1) shall apply mutatis mutandis to a tugboat that
has undergone a Tugboat Navigation Inspection
in accordance with Section (1). In such a
case, a "Shipbuilding Inspection or Ship Inspection" shall be deemed as a "Tugboat
Navigation
Inspection."
Article 44 (Restriction of the Use of Highly Flammable Fuels, etc.)
No person shall use fuels / lubricants which are very vulnerable
to inflammability, as
determined publicly announced by the Minister, on a ship.
CHAPTER VII KOREA SHIP SAFETY TECHNOLOGY AUTHORITY
Article 45 (Establishment of the Korea Ship Safety Technology Authority)
(1)
The Minister shall establish the Korea Ship Safety Technology Authority, (hereinafter
referred to as the "Authority"), in order
to secure safety in respect of a ship's navigation
and research / develop and supply the technology in respect of a ship or Ship's
Facilities
by being empowered by the Minister's affairs or when acting for the Minister.
(2) The Authority shall be a juristic person.
Article 46 (Activities of the Authority)
The Authority shall conduct each of the following duties:
1. Vicarious execution of approval of a ship or Ship's Articles drawings;
2. Vicarious execution of approval of a ship or Ship's Articles drawings;
3. Vicarious execution of confirmation of Ship's Articles or Small Ships manufactured
or refurbished at a Recognized Manufacturing(Maintenance)
Factory;
4. Vicarious execution of Examination Survey of Ship's Articles or Small Ships /
containers;
5. Vicarious execution of approval in respect of loading / lashing, etc. of cargo;
6. Investigation / examination / research for securing a ship's Seaworthiness and the
safety of human life at sea and the development
and supply of technologies in respect
of securing such ship's Seaworthiness and the safety of human life at sea;
7. Research and analysis of the criteria for technologies under the International
Convention for the safety of ships;
8. Work of entrusted services, such as supervision, etc. for designing / manufacturing
ships;
9. Research / education and publicity for preventing marine accidents;
10. Work entrusted by, or acting for, the government or local governments according to
laws; and
11. Other activities as defined by the Authority's articles of incorporation as a business
necessary for achieving the purposes of
establishing the Authority.
Article 47 Deleted
(1) The Authority shall have 9 directors, including 1 chairman and 1 auditor, as its
executives. The chairman and 3 directors shall
be standing and 5 directors and 1 auditor
shall be non-standing.
(3) Deleted
(4) Deleted
Article 49 Deleted
A chairman may appoint an agent who is capable of performing acts at trial or other than
trials in respect of the businesses of
the Authority among employees, under conditions as
prescribed by the articles of incorporation.
Article 51 Deleted
Procurement of the funds required for operating the Authority and conducting the activities
shall be in accordance with any of the
following subsections:
1. Government subsidies or loans;
2. Revenues generated by conducting the activities under Article 46;
3. Asset operation proceeds;
4. Other incidental revenue.
Article 56 (Support for Expenses)
(1) The state may support the Authority for expenses necessary for conducting the activities
under Article 46 within the scope of
its budget.
(2) In the event of being necessary for operating the Authority, the state may lend to the
Authority or have the Authority use /
benefit from state-owned properties or articles free
of charge in accordance with the provisions of the State Properties Act and
the Act on the
Management of Articles.
Article 57 Deleted 1. Matters in respect of conducting the activities properly under Article 46;
2. Other matters defined in other laws and regulations.
[Wholly Amended by Act No. 9446, Feb. 6, 2009]
Article 58-2 (Duty of Keeping Confidential Information Secret)
The Authority's executives or employees or those who have assumed
its post shall not
disclose, or make fraudulent use of, any secrets obtained in the course of conducting his/her
duties.
[This Article Newly Inserted by Act No. 9446, Feb. 6, 2009]
Article 58-3 (Non-Use of Similar Titles)
Those who are not the Authority under this Article shall not use the name of Korea Ship
Safety Technology Authority or any similar
names.
[This Article Newly Inserted by Act No. 9446, Feb. 6, 2009]
Article 59 (Application Mutatis Mutandis of Civil Act)
Unless
otherwise provided for in this Act and the Act on the Operation of Public
Organizations, regulation in respect of incorporated foundations
in the Civil Act shall apply
mutatis mutandis to the Authority.
Article 60 (Agency for Inspection Affairs, etc.)
(1) The Minister may have the Authority conduct its affairs, such as Shipbuilding
Inspections? Ship Inspections and Approvals for
Drawings, etc. which fall under any of
the following subsections, (hereinafter referred to as "Affairs of Inspection, etc."), on
behalf of the Minister. In such a case, the Minister shall enter into an arrangement under
conditions as prescribed by Presidential
Decree:
1. Shipbuilding Inspections, issuance of a Certificate of Shipbuilding Inspection and
Additional Shipbuilding Inspection under Article
7, Sections (1), (2), and (4);
2. Periodical Inspections and issuance of a Certificate of Ship Inspection under Article 8,
Sections (1) and (2);
3. Intermediate Inspections under Article 9, Section (1);
4. Temporary Inspections and issuance of a Certificate of Temporary Change under
Article 10, Sections (1) and (3);
5. Temporary Navigation Inspections and issuance of a Certificate of Temporary
Navigation Inspection under Article 11, Sections (1)
and (2);
6. International Convention Inspections and issuance of a International Convention
Survey Certificate under Article 12, Sections
(1), (2), and (4);
7. Approval and marking of drawings under Article 13, Sections (1) and (2);
8. Thickness measurements for hull under Article 14, Section (2);
9. Extension of validity of a Certificate of Ship Inspection and a Certificate for
International Convention under Article 16, Section
(2);
10. Examination Survey of Ship's Articles and Small Ships, issuance of a Certificate of
Examination survey, and marking indicating
a Pass under Article 18, Sections (6) and
(7);
11. Confirmation of Ship's Articles and Small Ships, issuance of a Certificate of
Confirmation, and marking indicating a Pass under
the provisory clauses of Article 20,
Sections (3) and (4);
12. Preliminary Inspections, approval and marking of approval of drawings, and marking
of approval, issuance of a Certificate of
Preliminary Inspection and marking
indicating a Pass under Article 22, Section (1) or (3);
13. Approval of materials for Stability under Article 28, Sections (2) and (3);
14. Confirmation of Limit Load, etc. and issuance of a Certificate of Limit Load, etc.
under Article 34, Sections (1) and (2);
15. Preparing and filling-in the Cargo Handling System Inspection Blotter under Article
35, Section (1);
16. Approval of Cargo Securing Manual under Article 39, Section (1);
17. Enhanced Inspections under Article 42, Section (1); or
18. Tugboat Navigation Inspections and issuance of a Certificate of Tugboat Navigation
Inspection under Article 43, Sections (1)
and (2).
(2) For the sake of ship insurance's subscription and maintenance, the Minister may form a
public corporation, (hereinafter
referred to as a "Ship Classification Corporation"),
which conducts the work, (hereinafter referred to as "Classification Work"),
of
assessment in respect of registration and Seaworthiness of ships and which is determined
/ publicly announced by the Minister
carry out Affairs of Inspection, etc. falling under
any of the Subsections of Section (1) on behalf of the Minister only for those
ships,
(hereinafter referred to as "Classification Registered Ships"), which have enrolled or try
to enroll on the register which
the Ship Classification Corporation manages. In such a
case, the Minister shall enter into an arrangement under conditions as prescribed
by
Presidential Decree.
Article 62 (Supervision for Execution Affairs)
(1) Where the Authority and Ship Classification Corporation violates the arrangement under
the latter part, other than any of the
Subsections of Article 60, Section (1) and the latter
part of Section (2), the Minister may cancel or suspend the vicarious execution
affairs.
(2) The necessary matters regarding the requirements for the cancellation or suspension of
the vicarious execution under Section
(1) shall be determined by Presidential Decree.
Article 63 (Execution of Measuring Ship Hull Thickness)
(1) The Minister may have
a company, (hereinafter referred to as an "Agency for Hull
Thickness Measurement"), which is proper for the criteria for designation
as determined
/ publicly announced by the Minister, and is determined / publicly announced by the
Minister, carry out the work
of measuring ship hull thickness under Article 14, Section 2
on behalf of the Minister, provided that, in the event of being incapable
to measure ship
hull thickness in Korea for any unavoidable reason, such as long-term navigation /
fishing, etc., the Minister
may have a foreign Thickness Measurement Agency measure
such ship hull thickness under conditions as prescribed by Ordinance of
the Ministry of
Land, Transport and Maritime Affairs.
Article 64 (Execution of Container Examination survey, etc.)
(1) The Minister may have a company, (hereinafter referred to as an
"Agency for Container
Examination survey, etc."), which is appropriate in terms of the criteria for designation
as determined /
publicly announced by the Minister, and is determined / publicly
announced by the Minister, carry out the work falling under any
of the following
subsections on behalf of the Minister: 1. Container Examination Survey under Article 23, Section (4);
2. Marking of confirmation of a Plate of Container Type Approval as referred to Article
23, Section (5);
(2) All necessary matters regarding the vicarious execution and cancellation of execution of
the Agency for Container Examination
survey, etc. under Section (1) shall be determined
by Presidential Decree, and all necessary matters regarding guidelines / supervision,
etc.
of such Agency for Container Examination survey, etc. shall be determined by
Ordinance of the Ministry of Land, Transport
and Maritime Affairs.
Article 65 (Execution of Inspection / Approval In Respect of Dangerous Articles)
(1) The Minister may have a company, (hereinafter
referred to as an "Agency for Dangerous
Articles Inspection, etc."), which is appropriate in terms of the criteria for designation
as
determined / publicly announced by the Minister, and is determined / publicly
announced by the Minister, carry out the work
in respect of inspection and approval for
loading / transporting and storing such dangerous articles on behalf of the Minister.
(2) All necessary matters regarding the execution and cancellation of the execution of the
Agency for Dangerous Articles, etc. under
Section (1) shall be determined by
Presidential Decree, and all necessary matters regarding guidelines / supervision, etc. of
such
said Agency for Dangerous Articles, etc. shall be determined by Ordinance of the
Ministry of Land, Transport and Maritime Affairs.
Article 66 (Acknowledgement of Inspection Conducted by Foreign Governments, etc.)
(1) Where the content of the law and regulations
in respect of ship safety being implemented
by a country to which a foreign ship belongs is equal to or higher than this Act, the
Inspection, etc. Affairs for the foreign ship conducted by such foreign government or an
agency thereof, (hereinafter referred
to as a "Foreign Government, etc."), shall be
deemed as Inspection, etc. Affairs in conformity with this Act.
(2) A certificate
issued by a Foreign Government, etc. after conducing Inspection, etc.
Affairs in accordance with Section (1) shall be deemed as
having the same effect of the
instrument issued in accordance with this Act, except for a certificate issued by a Foreign
Government,
etc. of a country which does not admit the effects of the instrument issued
in accordance with this Act.
Article 67 (Indemnity Liability of the Inspection Agency)
(1) Where the Authority, Classification Corporation, Agency for Container
Examination
survey, etc. and Agency for Dangerous Articles, etc., (hereinafter referred to as the
"Inspection Agency"), inflicts
damage on other people or companies illegally in
conducting such vicarious execution affairs, the state shall compensate for such
said
damages.
(2) In the event that an Inspection Agency inflicts damage by intention or gross negligence
in connection with the compensation
for damages under Section (1), the state is entitled
to a right of recourse for such indemnity against the Inspection Agency.
(3)
The recourse for indemnity against an Inspection Agency under Section (2) shall be
limited to the maximum amount determined by Presidential
Decree.
CHAPTER IX PORT STATE CONTROL
Article 68 (Port State Control)
(1) The Minister may check to see whether the structure / facility of a foreign ship and the
ship crew's ship operating knowledge,
etc. are appropriate for the International
Convention on the Safety of Ships, as determined by Presidential Decree, and take any
necessary steps, (hereinafter referred to as "port state control").
(2) In the event of conducting Port State Control under Section (1), the Minister may have
his/her public officials board, in person,
a foreign ship which calls at, or is scheduled to
call at, Korean ports or harbors to conduct such Port State Control activities.
In such a
case, said public official shall prevent the navigation of the foreign ship from being
delayed unnecessarily.
(4) Where the Minister determines that, owing to the defects in respect of the structure /
facility of foreign ships and the crews'
ship operating knowledge, etc, there is a
prominent risk to ships and people onboard, the Minister may order an detention.
(5) In the event of being satisfied with an order for taking a corrective step or an Detension
under Sections (3) and (4), an owner
of a foreign ship may fill in a reason for such
dissatisfaction within 90 days after being given the order, and file an objection
to the
Minister.
(8) All necessary matters regarding steps for foreign ships and raising an objection under
Section (3) or Section (7) shall be determined
by Presidential Decree.
Article 69 (Foreign Country Port State Control)
(1) An owner of a ship shall comply with the International Convention regulations so that
the Port State Control of the foreign
country's port authorities may not pinpoint the
defects of the ship.
(2) In the event that a Korean ship which was given a Detension by the Port State Control of
a foreign country's port authorities
makes port in Korea, the Minister may check,
(hereinafter referred to as a "Special Check"), the structure ? facility, etc. of the
ship
under conditions as prescribed by Ordinance of the Ministry of Land, Transport and
Maritime Affairs, provided that, in the
event of necessity, such as a request for
confirmation by the foreign government, the foreign government may conduct a Special
Check.
(3) Where deemed necessary to take a step for a Korean ship falling under any of the
following subsections in order to prevent an
detention for foreign ports, the Minister
may conduct a Special Check of the structure / facility of the ship under conditions as
prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. A bulk ship / dangerous articles carrier whose age exceeds 15 years;
2. Other ships as determined by Ordinance of the Ministry of Land, Transport and
Maritime Affairs.
(4) Where deemed necessary for securing a ship's safety as a result of conducting a Special
Check under Sections (2) and (3), the
Minister may give the owner of the ship an
detention order, or a corrective / complementary order under conditions as prescribed
by
Ordinance of the Ministry of Land, Transport and Maritime Affairs.
Article 70 (Public Announcement)
For a Korean ship which was given a Detension due to the Port State Control of a foreign
country's port authorities, the Minister
may publicly announce the name, gross tonnage, and
detention fact, etc. of said ship.
Article 71 (Special Inspections)
(1) Where a large-scaled maritime accident in respect of a ship's safety occurs or similar
accidents continue to occur, the Minister
may conduct an inspection, (hereinafter
referred to as a "Special Inspection"), of the structure / facility of the ship under
conditions
as prescribed by Ordinance of the Ministry of Land, Transport and Maritime
Affairs.
(4) The provisions of Article 15, Section (1) and Article 16, Section (3) shall apply mutatis
mutandis to ships which have undergone
a Special Inspection under Section (1). In such
a case, a "Ship Inspection" pursuant to Article 15, Section (1) and an "Intermediate
Inspection and Temporary Inspection" pursuant to Article 16, Section (3) shall be
deemed as "Special Inspections".
Article 72 (Re-Inspection, etc.)
(1) Where any Person who has undergone inspections / examination surveys and
confirmations by an Agency for Inspection in accordance
with the provisions of Article
60, Sections (1) and (2), (including cases where the Minister conducted vicariously such
inspections
? examination surveys and confirmations in person in accordance with
Article 61 or agencies conducted the inspections ? examination
surveys and
confirmations), Article 63, Section (1), Article 64, Section (1) and Article 65, Section (1)
are dissatisfied with
the result of such said inspections / examination surveys and
confirmations, the person may apply to the Minister for a re-inspection
/ re- Examination
Survey and re-confirmation accompanied by a reason within 90 days after the receipt of
a notice of the result.
Article 73 (Ship Inspection by Ship Classification Corporation)
A ship classification registered ship shall be deemed as having
passed at the time when the
ship undergoes a Ship Inspection in accordance with this Act only for a Ship's Facilities and a
Load
Line as determined by Ordinance of the Ministry of Land, Transport and Maritime
Affairs.
(2) In the event of being given a report according to Section (1), the Minister shall
immediately have a public official affiliated
with his/her Ministry confirm said fact
under conditions as prescribed by Ordinance of the Ministry of Land, Transport and
Maritime
Affairs.
1. All necessary matters in respect of the guidelines / supervision pursuant to the
provisions of Article 18, Section (8), Article
20, Section (5), Article 23, Section (7),
Article 24, Section (3), Article 63, Section (2), and Article 65, Section (2);
2. All necessary matters in respect of steps for preventing risks of the facilities and
navigation for a ship's Seaworthiness and
life safety; or
3. All necessary matters in respect of supervision in respect of the provisions of Article
60, Sections (1) and (2).
(2) Where, as a result of reviewing the content of a report and the content of the submitted
materials under Section (1), the Minister
acknowledges that the contents are difficult to
assist the achievement of the purpose of any of Section (1), the Minister may have
a
public official affiliated with his/her Ministry access the ship or the workplaces to
investigate the books / documents and facilities.
(3) In the event of an investigation under Section (2), the Minister shall notify the Ship
Owner, etc. of the investigation plan,
including the investigator, investigation date and
time, / reason and content, etc. no less than 7 days prior to said investigation,
provided
that if, in the event of an emergency situation or where giving prior notice according to a
ship navigation schedule,
the Minister acknowledges that it is difficult to achieve the
purpose of any of Section (1) due to the destruction of evidence,
etc., the same shall not
apply.
(4) The public official who makes an investigation under Section (2) shall carry a certificate
to indicate his/her authority, show
it to the concerned people, and, upon entering &
exiting the ship or workplace, provide a document stating his/her name, / entry
& exit
time, and entry & exit purpose, etc.
(5) Where, as a result of an investigation of a ship or workplace in accordance with Section
(2), the Minister acknowledges that
the ship or workplace has breached this Act or order
there of, the Minister may apply an Detension or impose a disposition in respect
of
repairing / supplementing, under conditions as prescribed by Presidential Decree.
(6) In the event of applying an detention order, etc. in accordance with the provision of
Section (5), if the cause is removed,
the Minister shall immediately lift such said
detention, order, etc.
Article 76 (Ship Inspection officer)
Where deemed necessary, the Minister may appoint a person with a qualification determined
by Ordinance of the Ministry of Land,
Transport and Maritime Affairs among the public
officials affiliated with his/her Ministry as a ship inspection officer, and have
him/her conduct
the affairs falling under any of the following subsections: