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Laws of the Republic of Korea |
ACT ON THE INVESTIGATION AND INQUIRY INTO MARINE ACCIDENTS [Enforcement on Feb. 29, 2008] [Act No. 8852, Feb. 29, 2008, Amendment of Other Laws and Regulations]
Ministry of Land, Transport, and Maritime Affairs (Legal Division for Regulation Reform) 02-2110-8098
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to marine safety by clarifying the causes of marine accidents through an investigation and inquiry into marine accidents. [This Article Wholly Amended by Act No. 5809, Feb. 5, 1999] Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "marine accident" means any accident that corresponds to one of
the following items and which occurred at sea and in
inland waters:
(a) An accident in which a person has died is missing, or injured in relation to
the structure, equipment, or operation
of vessels;
(b) An accident in which damage is caused to a vessel or a land or marine
facility in relation to the operation of
vessels;
(c) An accident in which a vessel is lost, derelict, or missing;
2
(d) An accident in which a vessel has collided, is stranded, capsized, sunk, or
cannot be maneuvered; and
(e) An accident in which damage by marine pollution has occurred in relation
to the operation of vessels;
2. The term "vessel" means any structure navigating, or being able to
navigate, water or underwater, and as designated by Presidential
Decree;
3. The term "person related to a marine accident" means any person relating
to a cause of a marine accident, and who is designated
pursuant to Article 39; and
4. The term "remote image inquiry" means any inquiry carried out by
persons related to a marine accident who attend either a remote
inquiry tribunal other
than the competent Maritime Safety Tribunal, which is equipped with apparatus that
operates so as to transmit
and receive motion pictures and voices by the same persons as
designated by Ordinance of the Ministry of Land, Transport, and Maritime
Affairs, or a
facility equipped with the same said apparatus, which is designated by the competent
Maritime Safety Tribunal.
[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999]
Article 3 (Establishment of Inquiry Agency)
In order to establish an inquiry into marine accidents, the Maritime Safety
Tribunal, (hereinafter referred to as the " MST "),
shall be established under the
jurisdiction of the Minister of Land, Transport, and Maritime Affairs, (hereinafter
referred to
as the "Minister").
3
Article 4 (Examination into the Causes of Marine Accidents
(1) For an inquiry by the MST, the cause of a marine accident relating to any of
the following subparagraphs shall be examined:
1. Whether it occurred due to an intentional act or negligence of a person;
2. Whether it occurred due to reasons in relation to the number, qualification,
skill, work conditions, or service of the crew of
the vessel;
3. Whether it occurred due to the structures, materials and manufacture of the
hull or engines, or outfit or performance of the vessel;
4. Whether it occurred due to auxiliary facilities for navigation, such as
hydrographic charts and publications, aids to navigation,
radio communication,
meteorological service, or salvage facilities, etc;
5. Whether it occurred due to conditions of the port or waterway; and
6. Whether it occurred due to any cause related to the characteristics or
loading of freight.
(2) Where two or more persons are related to the occurrence of a marine accident
when the MST examines the causes of a marine accident
as provided for under Paragraph
(1), the MST may disclose the extent to which each responsible person is related to the
cause of
the marine accident.
Transport, and Maritime Affairs for advice.
Article 5 (Judgment)
(1) The MST shall examine the causes of marine accidents, and clarify the results
by judgment.
(3) The Inquiry Agency may, where necessary, judge to recommend or order a
correction or improvement to a person or party related
to the causes of a marine accident
other than those as provided for under Paragraph (2), provided, however, that it shall not
judge
to order a correction or improvement to administrative agencies.
Where the MST deems that there is any matter to be corrected or improved in
order to prevent a marine accident as a result of an
inquiry, it may request an
administrative agency or organization other than the persons related to a marine accident
to take corrective
or improvement measures for preventing marine accidents.
[This Article Newly Inserted by Act No. 3951, Nov. 28, 1987]
Article 6 (Categories of Discipline and Extenuating Circumstances)
5
(1) The discipline as provided for under Article 5 (2) shall be divided into three
categories as follows, and their applications
shall be determined by the MST depending
on the seriousness of the activities:
1. Revocation of license;
2. Suspension of affairs; and
3. Reprimand.
(2) The suspension period of affairs as provided for under Subparagraph 2 of
Paragraph (1) shall not be less than
one month and not more than one year.
The MST shall not proceed with an inquiry again for a case on which a final
judgment has previously been made.
Article 7-2 (Hearing from MST Prior to Public Prosecution)
In the case of prosecuting a case in relation to the occurrence of a
marine accident,
a prosecutor may listen to the opinions of the competent Regional Maritime Safety
Tribunal.
[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999]
6
Article 7-3 (Terms of Inquiry Tribunal)
(1) The Korean language shall be used at any inquiry tribunal.
(2) A statement made by a person who may not speak the Korean language
shall
be interpreted by an interpreter.
[This Article Newly Act No. 5809, Feb. 5, 1999]
CHAPTER II ORGANIZATION OF MST
Article 8 (Organization of MST)
(1) The MST shall be organized into two types; Korean Maritime Safety Tribunal,
(hereinafter referred to as the "KMST"), and the
Regional Maritime Safety Tribunal,
(hereinafter referred to as the "Regional MST").
(2) Each MST shall be composed of a commissioner and maritime judges as
determined by Presidential Decree.
Article 9 (Commissioner of KMST Agencies Commissioner of Regional
MST)
7
(1) A commissioner of KMST shall be assigned to the KMST, (hereinafter
referred to as the "commissioner of KMST"), and a commissioner
of Regional MST,
(hereinafter referred to as the "commissioner of Regional MST "), to each Regional MST.
(2) The commissioner of KMST shall be appointed by the President at the request
of the Minister among those who have qualifications
as provided for under each of the
subparagraphs of Article 9-2 (2).
(3) The commissioner of Regional MST shall be appointed by the President at the
request of the Minister among those who have qualifications
as provided for under each
of the subparagraphs of Article 9-2 (3).
[This Article Wholly Amended by Act No. 3951, Nov. 28, 1987]
Article 9-2 (Appointment of and Qualifications of Maritime judges)
(1) The maritime judge of the KMST shall be appointed by the President at the
request of the Minister and the maritime judge of
each Regional Inquiry Agency shall be
appointed by the Minister at the request of the commissioner of KMST.
1. A person who has served as a maritime judge of the Regional MST for not
less than four years;
8
2. A person who obtained a license as a second-class or higher vessel officer
as a mate, engineer, or ship's operator, (hereinafter
referred to as a "license as a second-
class or higher vessel officer"), and has served as a public official in general service
of
Grade IV or higher for not less than four years;
3. A person who has served as a public official in general service of Grade
III or higher in the administration of maritime affairs
and fisheries for not less than three
years; or
4. A person whose total period of services as provided for under
Subparagraphs 1 through 3 is not less than four years.
(3) A person
who may be appointed as a maritime judge of the Regional MST
shall fall under any of the following subparagraphs:
1. A person who obtained a license as a first-class vessel officer as a mate,
engineer, or operator and has been on board as a captain
or chief engineer of a vessel
which navigates an ocean-going sea area as its navigation area for not less than three
years;
2. A person who obtained a license as a second-class or higher vessel officer
and has served as a public official in general service
of Grade V or higher for not less
than two years;
3. A person who obtained a license as a second-class or higher vessel officer
and has taught any subject on the navigation of vessels
operation of marine engine for not
less than three years at an educational institution as designated by Presidential Decree;
4. A person whose total period of services provided under Subparagraphs 1
through 3 is not less than three years; or
9
5. A person who is qualified as a lawyer and has work experience of not less
than three years.
[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999]
Article 10 (Disqualifications)
Any person who falls under any of the subparagraphs of Article 33 of the
Government Officials Act shall not be appointed as the
commissioner or maritime judge
of the Inquiry Agency.
[This Article Wholly Amended by Act No. 8792, Dec. 21, 2007]
Article 11 (Duties of the Commissioner and Maritime Judges of the MST)
(1) The commissioner of KMST shall perform the following duties:
1. He/she shall take charge of the general affairs of the KMST, and direct
and control the staff and personnel under his/her jurisdiction;
2. He/she shall organize an inquiry division of the KMST, and nominate a
presiding maritime judge among maritime judges, provided,
that he/she may be a
presiding maritime judge in an important case;
3. He/she shall direct and control the general affairs of the Regional MST;
and
4. In the event that a vacancy arises in any MST or there is any inevitable
reason, he/she may have the maritime judge of the KMST
act as a commissioner of
10
Regional MST, and a maritime judge of a Regional MST act as a maritime judge of
another Regional MST.
(2) The commissioner of Regional MST shall perform the following duties:
1. He/she shall take charge of the general affairs of the Regional MST, and
direct and control the staff and personnel under his/her
jurisdiction; and
2. He/she shall organize the inquiry division in the Regional MST and
preside over it as a presiding maritime judge.
(3) A maritime judge shall perform the duties of inquiry.
(4) In the event that the commissioner of MST is unable to perform his/her
duties
due to unavoidable reasons, a senior maritime judge of the MST shall vicariously perform
his/her duties, provided that a
senior investigator as provided for under Article 16 (1)
shall perform vicariously his/her duties other than the duties of inquiry.
Article 12 (Independent Authority of Maritime Judges)
The presiding maritime judges and maritime judges shall perform their duties
independently.
Article 13 (Status and Tenure of Maritime Judges)
(1) The commissioner and maritime judge of each MST shall be public officials
in
extraordinary government service.
(2) The term of the commissioner and maritime judge of the Inquiry Agency MST
shall be three years and may be renewed.
(3) The commissioner and maritime judge of the MST shall not be subject to dismissal
from office, reduction of pay, or other disadvantageous
dispositions contrary to their
intentions without a criminal sentence, disciplinary action, or other laws and regulations.
(4)
The age limits of the commissioner and maritime judges of the MST shall be pursuant
to the provision of Article 74, Paragraph (1),
and Subparagraph 1. In this case, the
"public officials in general services" shall be deemed as those in extraordinary
government
service equivalent to general services, public officials of fifth grades as those
in the fifth grade, and public officials of sixth
grade as those in the sixth grade.
The Minister may transfer the commissioner of the Regional MST or maritime
judge of any MST, which is in his/her tenure as provided
for in Article 13 (2) to a
corresponding position in another MST only when it is deemed inevitable for carrying
out the duties
of an inquiry.
[This Article Newly Inserted by Act No. 2876, Dec. 31, 1975]
Article 14 (Non-Permanent Maritime Judges
(1) Each MST shall have a non-permanent maritime judge, and the commissioner
of each MST shall appoint said non-permanent maritime
judge among persons who have
the education and experience necessary for performing the relevant duties.
12
(2) The non-permanent maritime judges shall participate in an inquiry of a case in
which it is very difficult to clarify causes
of marine accidents.
(3) The duties and authorities of non-permanent maritime judges who participate
in an inquiry shall be the same as those of maritime
judges.
(4) Matters necessary for the numbers and qualifications of non-permanent
maritime judges to be assigned to each MST shall be as
determined by Presidential
Decree.
1. A maritime judge or non-permanent maritime judge who has, or has had, a
kinship with a person related to a marine accident;
2. A maritime judge or non-permanent maritime judge who bears witness to
or gives expert opinions on a case concerned;
3. A maritime judge or non-permanent maritime judge who takes part in a
case concerned as an inquiry counselor or agent of a person
related to the marine accident
concerned;
13
4. A maritime judge or non-permanent maritime judge who carries out the
duties of an investigator in the case concerned;
5. A maritime judge or non-permanent maritime judge who takes part in the
inquiry of a previous trial; and
6. A maritime judge or non-permanent maritime judge who is the owner,
operator, or charterer of a vessel which is subject to the
inquiry.
(2) The investigator, person related to the marine accident, and inquiry counselor
may request a challenge of a maritime
judge or non-permanent maritime judge in a case
falling under any of the following subparagraphs:
1. A maritime judge or non-permanent maritime judge who falls under any
of the subparagraphs of Paragraph (1); and
2. A maritime judge or non-permanent maritime judge who is likely to
conduct an unfair inquiry.
(3) Any person who has already made a statement about a case concerned at the
inquiry court shall not request a challenge of the
maritime judge or non-permanent
maritime judge only for reasons as provided for under Subparagraph 2 of Paragraph (2),
provided,
however, that in the event that he/she does not know there exists such a reason
for a challenge or where any reason for a challenge
occurs thereafter, the same shall not
apply.
(4) In the event that it is deemed that there exists a reason as provided for under
Paragraph (2), the maritime judge or non-permanent
maritime judge may evade his/her
duties.
14
(5) The decision on an exclusion, challenge, or evasion of a maritime judge or
non-permanent maritime judge shall be made by the
collegiate inquiry division of the
MST to which the maritime judge or non-permanent maritime judge belongs, provided,
however,
that in the event that a special inquiry division is established, such a decision
shall be made by the collegiate inquiry division
of the Regional MST in which the special
inquiry division is established.
Article 16 (Investigators, etc.)
(1) Each MST shall have a senior investigator, investigators, and other personnel
supporting investigation affairs.
(2) The senior investigator, investigators, and other personnel supporting the
investigation affairs as provided for under Paragraph
(1) shall be appointed as public
officials in general service, but the number thereof shall be as determined by Presidential
Decree.
[This Article Wholly Amended by Act No. 3951, Nov. 28, 1987]
Article 16-2 (Qualifications of Investigators)
(1) A person who may be appointed as a investigator general of the KMST,
(hereinafter referred to as the "investigator general"),
shall fall under any of the following
paragraphs:
1. A person who corresponds to Article 9-2, Paragraph (2), Subparagraph 1 and 2;
2. A person who has served for not less than three years, (including one year or more
for which the person served in the affairs
related to marine safety), as a public official in
general service of Grade III or higher in the administration of maritime affairs
and
fisheries;
15
3. A person who served for not less than four years, including work-training periods
as provided for under Subparagraphs 1 and 2.
(2) A person who may be appointed as an investigator of the KMST and a chief
investigator of the Regional MST, (hereinafter referred
to as the "senior Investigator"),
shall have qualifications corresponding to those as provided for under Article 9-2,
Paragraph
(3), Subparagraphs 1 through 4, provided, that the qualifications of the
investigator of the Regional MST shall be determined by
Presidential Decree.
[This Article Wholly Amended by Act No. 8792, Dec. 21, 2007]
Article 17 (Duties of Investigators)
The senior investigators and investigators shall take charge of the investigation of
marine accidents, requests for an inquiry,
execution of judgments, and other affairs as
determined by Presidential Decree.
[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999]
Article 18 (Principle of Identity of Investigators)
(1) The investigators
shall obey any orders of their superiors with respect to their
affairs.
(2) The senior investigator may have his/her subordinate investigator carry out
any part of the duties under his/her authority.
(3) The chief investigator may carry out the duties of his/her subordinate
investigator or have other investigators performed them.
16
(4)
Article 18-2 (Direction and Supervision of the Investigator general)
(1) Investigator general shall direct and supervise all investigators
as the highest
supervisor of general investigation affairs, and with respect to detailed cases, shall control
the investigators
of the KMST and the senior investigator of the Regional MST.
(2)
[This Article Newly Inserted by Act No. 3951, Nov. 28, 1987]
Article 18-3 (Composition of the Special Investigation Division)
(1)
Where deemed necessary to perform a special investigation into a marine
accident that falls under any of the subparagraphs of Article
22-2 (1), the Minister may,
in order to investigate such accidents, compose a special investigation division made up
of persons
falling under each of the following subparagraphs:
1. Investigators (including senior investigators. hereinafter the same shall
apply.);
2. Public officials of the relevant agencies related to marine accidents; and
3. Related experts in marine accidents.
(2) The number of members of a special investigation division as provided for
under Paragraph
(1) shall be not more than ten persons, and the head of the special
17
investigation division shall be appointed among investigators by the Minister.
(3) The special investigation division shall prepare an investigation report within
ten days after the completion of an investigation,
and submit it to the Minister.
[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999]
Article 19 (Direction and Supervision of the General Affairs of Investigators)
The commissioner of each MST shall direct and supervise the general affairs of
investigators. In this case, the director shall
not interfere with, or affect in any way, the
intrinsic affairs of investigators.
Article 20
[This Article Newly Inserted by Act No. 3951, Nov. 28, 1987]
Article 21 (Instances)
The Regional MST shall carry out the inquiries of a first instance, and the KMST
shall carry out the inquiries of a second instance.
18
Article 22 (Organization and Resolution of the Inquiry Division)
(1) The Regional MST shall perform inquiries through a collegiate
division which
is composed of three maritime judges, provided, however, that for a minor case as
determined by Presidential Decree,
one maritime judge may conduct the inquiry.
(3) Each MST shall have two non-permanent maritime judges nominated by the
commissioner participate in a case as provided for under
Article 14 (2), notwithstanding
the provisions of Paragraphs (1) and (2).
(4) The collegiate inquiry division shall make a resolution by affirmative vote of a
majority of maritime judges, (including the
presiding maritime judges and non-permanent
maritime judges).
1. A marine accident in which ten or more persons were killed or injured;
2. A marine accident which caused remarkably serious damage to a vessel
and other facilities; and
19
3. A marine accident which caused serious marine pollution due to an oil
spill, etc.
(2) The special inquiry division as provided for under Paragraph (1) shall be
composed of two maritime judges who have specialized
knowledge and that are available
to investigate the causes of marine accidents, and the commissioner of the Regional MST
who has
jurisdiction over the case, however, the commissioner of the Regional MST shall
preside over the case.
(1) An inquiry division shall have clerks, inquiry court guards, and inquiry
assistant personnel.
(2) Clerks shall attend inquiries and take charge of affairs regarding the
preparation, maintenance, or delivery of documents under
the orders of the presiding
maritime judge and maritime judges.
(3) Inquiry court guards shall take charge of keeping public order in the inquiry
court under the order of the presiding maritime
judge.
(4) Inquiry assistant personnel shall take charge of inquiry subsidiary business
activities under orders of the presiding
maritime judge and maritime judges except for
investigations into evidence and clerical work.
(5) Clerks, inquiry court guards, and inquiry assistant personnel shall be
designated or appointed by the commissioner among staff
under his/her jurisdiction.
20
[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999]
CHAPTER II-2 JURISDICTION OF MARITIME SAFETY
TRIBUNAL
(1) Any case to be presented under an inquiry shall fall under the jurisdiction of
the Regional MST which has jurisdiction over
the location where a marine accident
occurred, provided, however, that in the event that the location of a marine accident is not
ascertained, the jurisdiction of the case shall belong to the MST which has jurisdiction
over the port where the vessel related
to the marine accident is registered.
(2) In the event that the same case is pending in two or more Regional MST, its
inquiry shall be performed by the Regional MST which
received the initial request for
inquiry.
(3) In the event that two or more cases related to the same vessel are pending in
two or more Regional MST, the Regional MST which
received the initial request for
inquiry shall merge with the other cases to carry out the inquiry.
(4) Two or more cases related
to the same vessel shall be merged to be the subject
of an inquiry.
(5) The jurisdiction over cases occurring outside the Republic of Korea shall be as
determined by Presidential Decree.
21
(1) In the event that a Regional MST deems that a case does not belong to its
jurisdiction, it shall make decision to transfer the
case to the competent Regional MST.
(2) The Regional MST to which the case was transferred under Paragraph (1)
shall not transfer
the case again to another Regional MST.
(3) In any case referred to in Paragraph (1), the case shall be considered as
pending in
the Regional MST to which the case was transferred initially.
Article 26 (Request for a Transfer of Jurisdiction)
(1) Where deemed
to be inconvenient for a person related to a marine accident to
attend the competent Regional MST, an investigator or the person
related to the marine
accident may apply for a change of jurisdiction to the KMST as determined by
Presidential Decree. In this
case, the applicant may submit an application to the
competent Regional MST, and the competent MST which received the application
shall
promptly deliver it to the KMST.
Article 27 (Appointment of Inquiry Counsels
(1) A person related to a marine accident or an interested person may appoint an
inquiry counsel.
(2) The legal representative, spouse, lineal relative, and siblings of a person
related to a marine accident may independently appoint
inquiry counsel.
Article 28 (Qualifications for and Registration of Inquiry Counsels)
(1) Persons qualified to act as inquiry counsels shall fall
under any of the
following subparagraphs:
1. Any person who falls under any of Subparagraphs 1 through 4 of Article
9-2 (3);
2. Any person who has served as a maritime judge or an investigator; and
3. Any person who obtained a license as a first-class mate, engineer, or
ship's operator and has been engaged in legal advice services
related to marine affairs for
not less than five years or obtained a doctorate in law in the field of marine affairs as
determined
by Ordinance of the Ministry of Land, Transport, and Maritime Affairs;
4. Any person who has qualifications as an attorney.
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(2) A person who intends to be engaged as inquiry counsel shall register in the
KMST as determined by Presidential Decree.
[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999]
Article 28-2 (Disqualifications of Inquiry Counsels)
Any person that
falls under any of the following subparagraphs shall not be an
inquiry counsel:
1. Any person who falls under any of the subparagraphs of Article 10; and
2. Any person for whom three years have not passed since his/her
registration was canceled.
[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999]
Article 29 (Business, etc. of Inquiry Counsel
(1) Inquiry counsels shall carry out the affairs of the following subparagraphs:
1. Agency or vicarious execution of an application, request, and
representation, etc. made by a person related to a marine accident
or an interested person
to the Inquiry Agency under this Act; and
2. Technical advice related to a marine accident, which is given to a person
related to a marine accident, etc.
24
(2) The inquiry counsels shall perform their duties in good faith.
Article 30
(1) The inquiry counsels may establish an Inquiry Counsels Association,
(hereinafter referred to as the "Association"), with permission
from the Minister.
The Association shall carry out the following business activities:
1. Inquiry aid business activities for persons related to marine accidents;
2. Business activities related to the prevention of marine accidents;
3. Arbitration of disputes between inquiry counsels and delegators; and
25
4. Other business activities related to inquiries and as designated by
Presidential Decree.
[This Article Newly Inserted by Act No. 3951, Nov. 28, 1987]
Article 30-4 (Procedures, etc. of Establishment)
Matters required for the establishment procedures of the Association, descriptions
in the articles of association, executives, and
supervision shall be as determined by
Presidential Decree.
[This Article Newly Inserted by Act No. 3951, Nov. 28, 1987]
Article 30-5 (Application Mutatis Mutandis of the Civil Act
Regarding the Association, unless provided for in this Act, the provisions related
to the incorporated association among the provision
of the Civil Act shall apply mutatis
mutandis to the Association.
Article 31 (Duties of Maritime Affairs and Fisheries Agency, etc.)
(1) In the event that a maritime affairs and fisheries agency,
police officer, special
Metropolitan City Mayor, Metropolitan City Mayor, Do governor, or head of the
City/Gun/Gu recognizes that
a marine accident falling under any of the subparagraphs of
Article 2 (1) has occurred, he/she shall inform, without delay, said
fact to an investigator
26
of the competent Regional MST.
(1) In the event that any consul recognizes outside the Republic of Korea a fact
that a marine accident falling under any of the
subparagraphs of Article 2 (1) has
occurred, he/she shall collect, without delay, evidence thereof and inform said evidence
to
the investigator general.
(2) The investigator general shall, upon receiving the information under
Paragraph (1), transmit it without delay to the senior
investigator of the competent
Regional MST.
(1) Any person related to a marine accident may request an investigation of the
facts to the competent investigator with a detailed
statement thereof.
(2) The investigator shall, upon receiving a request as provided for under
Paragraph (1), conduct an investigation of the facts,
and make a decision as to whether a
request for inquiry is to be made or not, and notify the results thereof to the person who
submitted said request.
(3) In the event that the investigator refuses a request as provided for under
Paragraph (2), he/she shall obtain prior approval
to do so from the investigator general.
[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999]
Article 35 (Preservation of Evidence)
(1) In the event that an investigator, person related to a marine accident, or inquiry
counsels recognizes that it would be difficult
to adopt evidence unless the evidence is
preserved in advance and thus requests to preserve the evidence, the Inquiry Agency may
conduct an inspection, examination of a witness, or judge the evidence prior to an inquiry
being conducted.
(2) Where a request is submitted as provided for under Paragraph (1), the
evidence shall be indicated in writing, and the reason
why such evidence is to be
preserved shall be stated.
apply under any inevitable circumstances:
1. Destruction or alteration of entries in a logbook, etc. or records in a vessel;
or
2. Repair of a damaged hull, engine, or various other instruments and meters
or other damaged parts of a vessel.
Article 36 (Confidentiality)
The investigators or their assistants shall keep secrets while investigating facts
and collecting evidence, and shall be careful
not to defame the reputations of any persons
concerned.
Article 37 (Authority of Investigators)
(1) In the event that it is necessary in order to perform their duties, an investigator
may make disposal of the following subparagraphs:
1. He/she may have persons related to the marine accident attend a hearing or
ask questions of the persons;
2. He/she may inspect vessels or other places;
3. He/she may have persons related to the marine accident report, or order
persons to submit books, documents, or other items;
4. He/she may request the government and public agencies to submit reports
or materials and request the organizations for cooperation;
and
29
5. He/she may have a witness, expert witness, interpreter, or translator
appear, testify, bear witness, provide expert opinions,
interpret, or translate.
(2) The investigator may, where necessary, request the maritime affairs and
fisheries agency to land any
person, subject to a disposition as provided for under
Subparagraph 1 of Paragraph (1), from the vessel within a period of seventy
two hours.
Article 38 (Request for Inquiry)
(1) In the event that an investigator recognizes that it is required to make inquiries
into a case, he/she shall request an inquiry
to the Regional MST. However, he/she shall
not make a request for an inquiry into a marine accident that occurred more than three
years ago.
(1) Where an investigator makes a request for an inquiry pursuant to Article 38,
he/she shall designate a person deemed to be related
to the cause of such a marine
accident as a person so related to said marine accident.
30
(2) Where an investigator has designated a person related to a marine accident
pursuant to Paragraph (1), he/she shall notify such
said details to the person related to the
marine accident as determined by Presidential Decree.
[This Article Wholly Amended by
Act No. 5809, Feb. 5, 1999]
Article 39-2 (Application for Inquiry by Interested Persons)
(1) Where it is recognized that an examination
of the causes of a marine accident
is required, however no disposition is required pursuant to inquiries as provided for under
Article 34 (2), a person who has an interest in such said marine accident may apply for an
inquiry to the Regional MST as determined
by Presidential Decree as to whether such a
disposition is appropriate.
(2) Where an inquiry was applied pursuant to Paragraph (1), the competent
Regional MST shall, by decision, have an investigator
initiate an investigation and apply
for an inquiry if such an application deems it reasonable, and shall decide to reject the
application
if such an application deems it unreasonable.
[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999]
CHAPTER V INQUIRY OF
A REGIONAL MARITIME SAFETY
TRIBUNAL
Article 40 (Commencement of Inquiry)
The Regional MST shall commence the inquiry upon the investigator's request for
an inquiry.
Article 41 (Open Inquiry)
The confrontation trial and judgment of the inquiry shall be implemented in an
open inquiry court.
Article 41-2 (Remote Image Inquiry)
(1) Where a person related to a marine accident has difficulties in attending an
inquiry court in person due to transport, etc.,
the commissioner of the MST may carry out
a remote image inquiry.
(2) Matters necessary for the procedures, etc. of a remote image inquiry as
provided for under Paragraph (1) shall be as determined
by Ordinance of the Ministry of
Land, Transport, and Maritime Affairs.
(2) The presiding maritime judge may order any person interfering with the
inquiry to leave the court, or take any other measures
necessary for maintaining public
order in the court.
Article 43 (Designation and Change of Inquiry Date)
(1) The presiding maritime judge shall determine the date of an inquiry.
(2)
The person related to a marine accident shall be summoned on the inquiry date,
provided, however, that the presiding maritime judge
may not summon a person related
32
to the marine accident who has attended the inquiry on one or more occasions.
(1) Where it takes two or more days to progress a trial, the MST shall conduct
a concentrated trial by continuing to hold court
every day
(2) The presiding maritime judge shall set the following inquiry date within ten
days from the preceding inquiry date
unless any special circumstances require otherwise.
[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999]
Article 44 (Summon
and Examination)
The Regional MST may summon and examine a person related to a marine
accident, witnesses, and other persons concerned on the inquiry
date.
Article 45 (Necessary Pleading)
The judgment of an inquiry shall go through an oral pleading, provided, however,
that in the event that a person related to a marine
accident does not attend on the inquiry
33
date without any justifiable reason, a judgment may be made without his/her statement
being heard.
The presiding maritime judge shall verify the identity of a person related to a
marine accident by questioning them over his/her
name, resident registration number, and
address, and by questioning the type, etc. of licenses if the person related to a marine
accident is a vessel officer or a pilot.
[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999]
Article 47 (Opening Statement of the Investigator)
The investigator
shall state the summary of the request for inquiry by referring to
a written request for inquiry.
Article 48 (Investigation of Evidence)
(1) The Regional MST may investigate necessary evidence upon the application
of the investigator, person related to the marine accident,
inquiry counsel, or ex officio.
1. Inspection of vessels or other places;
2. Order to submit books, documents, and other items; and
34
3. Request to submit a report or materials to the government and public
agencies.
(3) The Regional MST shall not implement confinement, seizure, search, or other
compulsory actions against a person, thing, or place
related to a marine accident.
Article 48-2 (Use of Hangul for Material Evidence)
Documents such as logbooks to be submitted as
evidence to the Inquiry Agency
MST shall be, in principle, prepared in Korean (including the use of Korean and Chinese
characters
in combination), and in case documents are drawn up in a foreign language,
the translation thereof shall accompany them.
[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999]
Article 49 (Oath)
In the event that the Regional MST has a witness, expert witness, interpreter, or
translator testify, give expert opinions about,
interpret, or translate investigation evidence
in order to investigate those in accordance with Article 48 (1), the court shall
allow the
same person to swear in such a manner as determined by Presidential Decree.
Article 49-2 (Change, etc. in a Request for Inquiry)
(1) An investigator may change the case name recorded in a request for inquiry
or
add, retract, or modify the fact of a marine accident or persons related to a marine
accident.
35
(2) The presiding maritime judge may request in writing an investigator to add,
retract, or change persons related to a marine accident
if he/she deems it necessary, given
the progress of a trial.
(3) Where there are additions to, retractions of, or changes in the fact of a marine
accident or persons related to a marine accident
pursuant to Paragraphs (1) and (2), the
presiding maritime judge shall promptly notify such said facts to the persons related to
the marine accident or inquiry counsels.
(4) Matters necessary for requirements and procedures, etc. regarding the addition
to, retraction of, or changes in a request for
inquiry as provided for under Paragraphs (1)
and (2) shall be determined by Presidential Decree.
[This Article Newly Inserted by
Act No. 5809, Feb. 5, 1999]
Article 49-3 (Withdrawal of a Request for Inquiry)
An investigator may withdraw an inquiry until a
judgment in the first judgment is
made where an inquiry into a case for which an inquiry was requested becomes
unnecessary and
as determined by Presidential Decree, provided, however, that the same
shall not apply to a case requested by the investigator by
decision of the MST pursuant
to Article 39-2.
[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999]
Article 50 (Principle of Evidential Inquiry)
The recognition of a fact shall be based on the evidence investigated on the
inquiry day.
36
Article 51 (Principle of Strong Belief)
The probative force of evidence shall be decided at the discretion of the maritime
judges.
Article 52 (Judgment on a Rejection of an Inquiry Request)
The Regional MST shall reject by judgment any request for an inquiry
in any of
the cases under the following subparagraphs:
1. In the event that it does not have the authority to inquire into the case;
2. In the event that the request for an inquiry was suggested contrary to laws
and regulations; and
3. In the event that it is impossible to conduct an inquiry according to the
provision of Article 7.
Article 53 (Specifications of Reasons for Giving a Judgment)
When a judgment is made, the main sentence and reasons thereof shall
be
specified.
Article 54 (Judgment on Merits)
In the event that a judgment is made on merits, the detailed facts of a marine
accident and its causes shall be clarified, and the
reasons the fact is recognized on the
basis of evidence shall be specified, provided, however, that in the event that it is
recognized
the there is no such fact, the intention of such recognition shall be specified.
37
Article 55 (Announcement of Judgment)
The judgment shall be announced by a presiding maritime judge in an inquiry
court based on the original copy of the judgment.
Article
56 (Delivery of Judgment)
The commissioner of the MST shall deliver the original copy of the judgment to
an investigator, person related to the marine accident
or inquiry counsel within ten days.
Matters necessary for the notice, notification, or delivery of documents to a
person related to a marine accident, inquiry counsel,
or proxy shall be as determined by
Presidential Decree.
Matters other than those as provided for under this Act, which are necessary for
the procedures of an inquiry, shall be determined
by Presidential Decree.
CHAPTER VI INQUIRY OF A KOREAN MARITIME SAFETY
TRIBUNAL
Article 58 (Application for a Second Instance)
(1) In the event that an investigator and person related to a marine accident object
to the judgment, (including the judgment of
the special inquiry division), of the Regional
38
MST, he/she may request a second instance of the KMST.
(2) An inquiry counsel may submit a request as provided for under Paragraph (1)
on behalf of a person related to a marine accident,
provided, however, that the request
shall not be made against the intention specified by the person related to the marine
accident.
Article 59 (Request Period for a Second Instance)
(1) A request as provided for under Article 58 shall be made within 14 days from
the date of receipt of the original copy of the judgment.
(2) In the event that a person entitled to make a request for a second instance fails
to do so within the period as provided for
under Paragraph (1) due to a cause not
attributable to him/he, he/she may submit the request in writing to the court within 14
days from the date on which such a cause ceased to exist.
(3) Pursuant to Paragraph (2) the cause shall be vindicated.
Article 60 (Effect of Second Instance Request)
The effect of a request for a second instance shall cover the case concerned and
all of the parties thereto.
Article 61 (Withdrawal of a Request for a Second Inquiry)
A person who made a request for a second instance may withdraw their request
up
until such time as a judgment thereon is made.
[This Article Wholly Amended by Act No. 2876, Dec. 31, 1975]
Article 62 (Rejection of a Request Due to a Violation of Laws and
Regulations)
In the event that the procedures of a request for a second instance violate laws and
regulations, the KMST shall reject the request
by judgment.
Article 63 (Return of a Case)
In the event that the Regional MST rejected a request for inquiry made in
violation of laws and regulations, the KMST shall, by
judgment, return the case to the
Regional MST.
Article 64 (Rejection of a Request Due to a Rejection of Causes of a Regional
Maritime Safety Tribunal)
In the event that the Regional MST did not reject a request for an inquiry although
there is a cause that falls under any of the
subparagraphs of Article 52, the KMST shall
reject it by judgment.
Article 65 (Judgment on Merits)
40
Except as otherwise provided for under Articles 62 and 64, the KMST shall make
a judgment on the merits.
Article 67 (Request for Objection against Decisions)
(1) Any person objecting to a decision made by the Regional KMST may make an
objection to the KMST.
(2) The objection may be made up until the second instance is decided.
Article 68 (Procedure of Objection)
(1) An objection shall be submitted in writing to the Regional MST.
41
(2) In the event that the Regional MST deems that the objection is reasonable, it
may rectify the original decision.
(3) In the event that the Regional MST deems that the objection is entirely or in
part unreasonable, it shall send the request to
the KMST within three days of receiving it.
(4) No objection shall suspend the execution of the original decision, provided,
however,
that in the event that the Regional MST deems that there is a reasonable reason,
it may suspend its execution after hearing the
opinions of an investigator.
Article 69 (Objection, Related Documents, and Evidence)
(1) Where an objection is made, the Regional
MST shall, where necessary, send
written evidence of the original judgment, other related documents, and evidence to the
KMST.
(2) The KMST may demand the Regional MST to send the written evidence of
the original judgment, other related documents, and evidence.
Article 70 (Suspension of Execution of the Original Decision)
(1) Where an objection is made, where deemed that the reason is reasonable,
the
KMST may suspend by decision the execution of the original decision after hearing the
opinions of an investigator.
(2) As provided for under Paragraph (1), the Central Inquiry Agency shall send
the original copy of its judgment to the Regional
MST.
Article 71 (Decision on Objections)
42
(1) The KMST shall make a decision on the objection after hearing the opinions
of the investigator.
(2) In the event that an objection is contrary to the procedures of the objection or
is unreasonable, a decision of rejection shall
be decided.
(3) As for decisions as provided for under Paragraphs (1) and (2), it is not
required to state their reasons.
Any judgment of the KMST on an objection shall be notified to the Regional
Inquiry Agency.
Matters necessary for the decision on an objection shall be as determined by
Presidential Decree.
CHAPTER VIII LITIGATION OVER JUDGMENT OF THE CENTRAL
INQUIRY AGENCY
Article 74 (Jurisdiction, Period for Filing a Suit, and Restrictions Thereon)
(1) Any suit over a judgment of the Central Inquiry
Agency shall be exclusively
subject to the jurisdiction of the Supreme Court.
43
(2) The suit as provided for under Paragraph (1) shall be filed within thirty days
after the original copy of the judgment is received.
(3) The period as provided for under Paragraph (2) shall be the peremptory term.
(4) No suit shall be filed over a judgment of the Regional MST.
Article 75 (Defendant)
As for a suit pursuant to Article 74 (1), the commissioner of the Central KMST
shall be a defendant.
Article 76
(1) Where a suit was filed according to Article 74 and the Supreme Court deems
that the request is reasonable, it shall cancel the
judgment by a adjudication.
(2) Where the ruling to cancel the judgment was fixed according to Paragraph (1),
the KMST shall conduct
the inquiry again.
(3) As for the adjudication as provided for under Paragraph (1), the conclusion
upon which the cancellation of a judgment was based
in a trial of the Supreme Court shall
bind the KMST with respect to the relevant case.
(4) Provisions of the Civil Procedure Act shall, unless otherwise provided for under this
Act, apply mutatis mutandis to any case
regarding the judgment of the KMST under this
Act.
44
[Wholly Amended by Act No. 5809, Feb. 5, 1999; Dec 21, 2007]
CHAPTER IX EXECUTION OF JUDGMENT, ETC.
Article 78 (Time for Execution of Judgment)
The judgment shall be executed after it has become final.
Article 79 (Executioner of Judgment)
The judgment of the KMST shall be executed by the investigator general, and
those of the Regional MST by the regional senior investigator.
Article 80 (Judgment on Revocation of a License)
In the event that a judgment on the cancellation of a license becomes final and
conclusive, the investigator shall withdraw the
license of a vessel officer or pilot, and
send it to the maritime affairs and fisheries agency concerned.
When a suspension of duty becomes final and conclusive, the investigator shall
withdraw and retain the license or certificate, and
return it to the person concerned after
the suspension period is concluded.
Article 81-2 (Invalidation of Disciplinary Action)
45
In the event that a vessel officer or pilot who was subject to a disciplinary action
of duty suspension or reprimand according to
Article 5 has a navigation record with no
marine accidents for five or more years after the execution of a judgment on the
disciplinary
action is concluded, the disciplinary action shall be invalidated. In this case,
matters necessary for the procedures of canceling
the record on such a disciplinary action
shall be determined by Ordinance of the Ministry of Land, Transport, and Maritime
Affairs.
Article 83 (Announcement of Judgment
Where the investigator general judges to recommend or order the correction and
improvement as provided for under Article 5 (3),
he/she shall announce the details of the
recommendation or order in the gazette and report said fact to the Minister, provided,
however, that, where necessary, the details may be announced in newspapers.
[This Article Wholly Amended by Act No. 3951, Nov. 28, 1987]
46
Article 84 (Execution of Judgment, etc.
(1) Any person who falls under any of the following subparagraphs shall take
any necessary measures according to its intention.
In the event that a senior investigator
demands to inform him/her of the contents of such measures, the contents shall be
notified
to him/her without delay:
1. Any person who was judged to implement the correction or improvement
according to Article 5 (3);
2. Any person who was requested to take a measure for the correction or
improvement according to Article 5(2).
(2) In the event that the senior investigator reviews the contents of a notification
according to Paragraph (1) and deems that the
measures are not satisfactory, he/she may
demand the correction or improvement of said measures.
[This Article Wholly Amended by Act No. 3951, Nov. 28, 1987]
CHAPTER X SUPPLEMENTARY PROVISIONS
Article 85 (Payment of Allowance to Witnesses, etc.)
Any witness, expert witness, interpreter, or translator who attends an inquiry
pursuant to the provisions of this Act may be paid travel expenses, per diem, hotel
charges, and fees of expert opinions, interpretation,
or translation as determined by
Presidential Decree.
47
Article 86 (Payment of Allowances to Non-Permanent Maritime Judges)
Any non-permanent maritime judge who attends an inquiry may
be paid an
allowance as determined by Presidential Decree.
Article 87 (Restrictions on Administrative Appeal, etc.)
The judgment made under this Act shall not be subject to any administrative
appeal or objection under the Administrative Appeals Act or other laws and regulations.
Any person who intends to receive a copy of a written judgment or decision, etc.
issued from each MST under this Act shall pay fees
as determined by Ordinance of the
Ministry of Land, Transport, and Maritime Affairs.
[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999]
CHAPTER XI PENAL PROVISIONS
Article 89 (Penal Provisions)
Any person who disclosed secrets learned while executing his/her duties in
violation of Article 29 (3) shall be subject to imprisonment
for not more than one year or
payment of a fine not exceeding ten million won.
[This Article Newly Inserted by Act No. 5809, Feb. 5, 1999]
48
Article 90 (Fine for Negligence)
(1) Any person who falls under any of the following subparagraphs shall be
subject to a payment of a fine for negligence not exceeding
two million won:
1. Any person who fails to implement a judgment that orders a correction or
improvement according to Article 5 (3);
2. Any person who violates the provisions of Article 35 (3);
3. Any person who fails to comply with a decision of the investigator under
Subparagraphs 1 through 3 of Article 37 (1), or who interferes
with the compliance with a
decision, provided, however, that the same shall not apply to any person who is not
directly related
to the cause of a marine accident in the case of Article 37 (1) 1 and 3;
4. Any person who refuses, interferes with, or evades an inspection by the
MST as provided for under Subparagraph 1 of Article 48(2);
5. Any person who fails to present books, documents, or other items which
he/she was ordered to present by the MST according to Subparagraph
2 of Article 48 (2)
or who presented books, documents, or other items which are false; and
6. Any person who made false statements under oath under Article 49.
(2) Any person who falls under any of the following subparagraphs
shall be
punished to a payment of a fine for negligence not exceeding five hundred thousand won:
49
1. Any person related to a marine accident who was summoned twice
consecutively by the MST but did not attend without a justifiable
reason not to;
2. Any witness, expert witness, interpreter, or translator who was summoned
twice consecutively by the MST but did not attend or
did not implement his/her duties
without a justifiable reason not to; and
3. Any person who did not obey an order of the presiding maritime judge as
provided for under Article 42 (2).
[This Article Wholly Amended by Act No. 3951, Nov. 28, 1987]
(3) Where a person liable to pay a fine for negligence as provided for under
Paragraph (1) makes an objection pursuant to Paragraph
(2), the commissioner of each
MST shall notify such said fact to the competent court immediately, and the competent
court which
received such said notification shall make a judgment on the fine for
negligence according to the Non-Contentious Case Litigation
Procedure Act.
(4) Where no objection has been made and the fine for negligence not paid within
the period as provided for under
Paragraph (2), the fine shall be collected pursuant to the
example of a disposition of national taxes in arrears.
50
[This Article Wholly Amended by Act No. 5809, Feb. 5, 1999]
This Act shall enter into effect on the date of its promulgation, provided, however,
that...
Articles 2 through 5 Omitted.
Article 6 (Amendment of Other Acts)
(1) to <686> Omitted
<688> Parts of the Act on the Investigation and Inquiry into Marine Accidents
shall be amended as follows:
Among Subparagraph 4 of Article 2, Article 4 (3), Article 20-2, Subparagraph 3
of Article 28 (1), Subparagraph 2 of Article 41-2,
the latter parts of Article 81-2, and
Article 88, the "Ordinance of the Ministry of Maritime Affairs and Fisheries" shall be
amended
as the "Ordinance of the Ministry of Land, Transport, and Maritime Affairs".
Among Article 3, Article 9 (2) and (3), Article 9-2
(1), Article 13-2, parts other than each
subparagraph of Article 18-3 (1) and Article 18-3 (2) and (3), Article 30-2 (1), Article
82,
and the main sentence of Article 83, the "Minister of Maritime Affairs and Fisheries"
shall be amended as the "Minister of
Land, Transport, and Maritime Affairs."
51
<689> Parts of Amendment of Acts on the Investigation and Inquiry into Marine
Accident shall be amended as follows:
In Article 9-2 (1), the "Minister of Maritime Affairs and Fisheries" shall be amended as
the "Minister of Land, Transport, and Maritime
Affairs".
<690> through <760> Omitted.
Article 7 Omitted.
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