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AIDS TO NAVIGATION ACT

[Effective: Jul. 31, 2009] [Act. No. 9401, Jan. 30, 2009, Revised other Acts] Ministry of Land, Transport, and Maritime Affairs, (hereafter referred to as the "MLTM"), (Section of Marine Transport Facility): 02-2110-8604 Chapter 1. General Provisions

Article 1 (Purpose) The purpose of this Act is to contribute to the safety of marine transport and enhance the efficiency of marine traffic by installing Aids to Navigations and controlling them effectively.

Article 2 (Definition) The definitions of terms used in this Act shall be as follows:

1. "Aids to Navigation" shall be the posts that guide ships that sail in ports, bays, straits, and other waters, territorial waters, and the Exclusive Economic Zone of the Republic of Korea by means of light, shapes, color, sound, and radio, etc. The Aids to Navigation includes lighthouses, lighted beacon, unlighted beacon, buoy, fog signal, radio Aids to Navigation, and Special Purpose Aids to Navigation.

2. "Differential Global Navigation Satellite System" shall mean the system which provides to users differential information reflecting information on the situation and orbit of satellites for the global navigation system's purpose in the satellite navigation information acquired through the global positioning system using a satellite, (hereafter referred to as "Differential GNSS Information").

3. "Aids to Navigation-accompanying Facility" shall mean the facility which is accompanied by the Aids to Navigation and falls on any of the following matters, notwithstanding whether the person who manage the Aids to Navigation actually resides in the facility or not.

A. Access road to the Aids to Navigation.

B. Buildings that are used for the office, lodging, Power room, and warehouse of the Aids to Navigation, (Buildings under Article 2.1.2 of the Building Act). C. Construction equipment installed in the building set forth in B, (Construction equipment under Article 2.1.3 of the Building Act).

4. "Situation Change" shall mean something that demolishes the Aids to Navigation or changes its location.

5. "Shape Change" shall mean something that changes the shape determined by MLTM Decree, like the name, color, and structure of the Aids to Navigation. The type of Aids to Navigation shall be determined by MLTM Decree.

Article 3 (Set-up and Implementation of the Plan on the Development of Aids to Navigation) In order to foster an environment of safe and efficient marine transport, the Minister of Land, Transport, and Maritime Affairs, (hereafter referred to as "the Minister"), shall set up and implement the Basic Plan, (hereafter referred to as the "Basic Plan") on the development of Aids to Navigation on a 10-year basis.

The Basic Plan shall include any of the following subsections:

1. The basic direction and goal for developing Aids to Navigation;

2. Research on the technology for developing Aids to Navigation;

3. Investment plans for developing Aids to Navigation;

4. International cooperation for developing Aids to Navigation;

5. Other matters required for developing Aids to Navigation. The Minister shall review and coordinate the feasibility of the Basic Plan on a 5-year basis.

Where deemed necessary to change the Basic Plan due to a marine environment change or an introduction of a new Aids to Navigation way, the Minister may change the Basic Plan. The Minister shall set up and implement the Action Plan on the development of the Aids to Navigation in accordance with the Basic Plan every year.

Article 4 (Promotions, etc. of International Exchange and Cooperation) The Minister may take any necessary steps to promote international exchange and cooperation, including information exchange, joint investigation and research on Aids to Navigation with the relevant international bodies and foreign governments and organizations in order to secure international trustworthiness and develop technologies regarding Aids to Navigation. In the event of installing and managing a new Aids to Navigation or changing its shapes, the Minister shall meet the specifications and criteria that are internationally recognized. Chapter 2 Installation and Management of Aids to Navigation Article 5 (Installing and Managing Aids to Navigation) Aids to Navigation shall be installed and managed by the Minister. The Minister shall secure and maintain the necessary facilities and equipment, such as the manufacturing and repairing equipment of Aids to Navigation and ships, etc., in order to install and manage Aids to Navigation.

In the event of defining the criteria regarding the functions and specifications of Aids to Navigation, the Minister shall provide notice of such criteria.

Notwithstanding the foregoing Section , an individual or a company, (hereafter referred to as "a Person"), that is given a permit from the Minister, may install and manage Aids to Navigation as set forth by Presidential Decree only when the person always uses the Aids to Navigation for business or work purposes.

Article 6 (Installing and Operating of Differential Global Navigation Satellite System) The Minister shall install and operate a Differential Global Navigation Satellite System in accordance with the provisions determined by Presidential Decree in order to provide convenience to the person who uses the safety navigation and location information of ships, (except for in the aerial navigation sphere and the measuring sphere as set forth by Presidential Decree. The same shall apply in this Article).

In accordance with the provisions determined by Presidential Decree, the Minister shall take any steps necessary for providing and managing the Differential Global Navigation Satellite System Information and its security countermeasures. The Minister may proceed with the technology development of the Differential Global Navigation Satellite System and provide any support necessary for such technology development.

In the event of installing and operating the Differential Global Navigation Satellite System to provide location information in the territory of the Republic of Korea, (hereafter referred to as "Korea"), the Minister shall have consultation with the head of the concerned central administrative agency in advance.

Article 7 (Installing and Operating Special Purpose Aids to Navigation) The Minister may install and operate Special Purpose Aids to Navigation, such as Vessel Traffic Management, marine weather aids to Navigation, Tidal current signal Aids to Navigation, and automatic identification system Aids to Navigation in the waters where marine accidents frequently occur or are considered likely due to the influence of traffic volume, marine weather Aids to Navigation, or tidal currents Aids to Navigation, and provide real-time information thereon. The Minister shall determine and announce the necessary matters, such as detailed methods regarding the installation and operation of Special Purpose Aids to Navigation, pursuant to the foregoing Section . Article 8 (Duty of Installing and Managing Aids to Navigation) In the event that a ship sinks or is stranded in waters used for ship navigation, the ship's owner shall install Aids to Navigation necessary for other ship's smooth navigation and report said fact to the Minister under the conditions as prescribed by Presidential Decree.

Any Person who attempts to do dredging, reclaiming, or structure installation work in waters used for ship navigation shall install and manage Aids to Navigation after getting the Minister's permission in accordance with Presidential Decree.

The necessary matters regarding the scope of the waters, type and size of ships and work and the installation and management method of Aids to Navigation in accordance with Sections and shall be determined by Presidential Decree. Article 9 (Legal Fiction of Permit and Authorization, etc.) In the event of issuing a permit for installing and managing Aids to Navigations pursuant to Article 5, Section or Article 8, Section , or installing Aids to Navigation pursuant to Article 8, Section , such permit or authorization shall be deemed as having been made or reported in accordance with any of the following subsections.

1. Permit for occupying or using public water surface pursuant to Article 5 of the Public Waters Management Act and the approval or report of the implementation plan under Article 8 of this Act.

2. Permit for occupying the stream pursuant to Article 33 of the River Act. In the event of permitting the installation and management of Aids to Navigation in accordance with Article 5, Section or Article 8, Section , the Minister shall have consultancy with the head of the concerned central administrative agency in advance regarding any subsections of the foregoing Section .

Where a ship owner installs Aids to Navigation in accordance with Article 8, Section , the Minister shall have consultancy with the head of the concerned central agency in advance regarding any subsections of the foregoing Section before confirming the completion of the installation pursuant to Article 13, Section .

Where the head of the concerned central administrative agency which has a right of permitting, authorizing, and reporting pursuant to any subsections of the foregoing Section determines the disposal criteria and procedures for such permitting, authorizing, and reporting, the head shall immediately notify the Minister of the content thereof. In the event of changing the notified content, the same shall apply thereto.

When notified of the disposal criteria and procedures pursuant to Section , the Minister shall integrate and announce such disposal criteria and procedures. In the event of changing the announced content, the same shall apply thereto.

Article 10 (Agency for Installation and Management of Aids to Navigation) Any person who must install and manage Aids to Navigation in accordance with Article 8, Section and Section may request the Minister to carry out such installation and management on their behalf at its expense under the conditions as prescribed by Presidential Decree. Where the personal information such as name or location of any ship owner of which ship has sunk or become grounded, among persons who must install and manage Aids to Navigation pursuant to Article 8, Section is unknown or it is recognized that the installation and management of the Aids to Navigation are impossible for other reasons, the Minister shall first install and manage such Aids to Navigation for safe navigation and request the ship owner to repay the expenses thereof.

All necessary matters, such as calculation methods and payment dates for the installation and management expenses of Aids to Navigation which any person to install and manage the Aids to Navigation shall bear shall be determined by MLTM Decree.

Article 11 (Pubic Notice of Aids to Navigation) In the event that Aids to Navigation are newly installed or where a change in their situations or shapes takes place, the Minister shall announce said fact in accordance with the conditions as prescribed by MLTM Decree.

Article 12 (Report, etc.) Any person who discovers a black-out, loss, sinking, collapse, location shift, or any other accident occurring to the Aids to Navigation due to Act of God or ship collision or otherwise shall immediately report said fact to the Minister, the head of the organization to which he and she belongs, or the Commissioner General of the Korea Coast Guard. Chapter 3 Management, etc. of Private Aids to Navigation Article 13 (Management of Private Aids to Navigation) The owner of the Aids to Navigations installed other than by the Minister in accordance with Article 5, Section or Article 8, Sections and , (hereafter referred to as "Private Aids to Navigation"), shall employ a Manager, who is engaged in managing the Private Aids to Navigation, (hereafter referred to as "Aids to Navigation Manager"), and the facilities necessary for managing such Aids under the provisions determined by Presidential Decree, provided that, if such management affairs are entrusted to the person who registered the Aids to Navigation Entrustment Management Business, (hereafter referred to as the "Entrustment Management Business person"), the same shall not apply thereto.

In the event of installing Private Aids to Navigation, the owner of such Private Aids to Navigations shall immediately obtain confirmation on the installation completion from the Minister in accordance with the conditions as prescribed by MLTM Decree.

In the event of assigning Private Aids to Navigation to any other people, the owner of such Private Aids to Navigation shall report such said assignment to the Minister in accordance with the conditions as prescribed by MLTM Decree.

In the event of entrusting the management of such Private Aids to Navigation to an Entrustment Management Business person pursuant to the provision of Section , the owner of the Private Aids to Navigations shall report such said entrustment to the Minister in accordance with the conditions as prescribed by MLTM Decree.

The owner or Entrustment Management Business person of the Private Aids to Navigation at all times shall make every effort to prevent any problems from occurring in such Private Aids to Navigation' function.

Where any problems is occurred in the functions of Private Aids to Navigation, such as black-out, loss, sinking, collapsing, and location shift for a reason attributable to its owner or the Entrustment Management Business person or for a reason normally expected, or there occurs an obstacle to marine traffic, the Minister may order the owner or Entrustment Management Business person to take any necessary steps for removing such said problems within a defined a period. Article 14 (Registration of Aids to Navigation Entrustment Management Business) A Person who seeks to operate a Private Aids to Navigation entrustment management business, (hereafter referred to as "Aids to Navigation Entrustment Management Business"), shall be equipped with the registration criteria determined by Presidential Decree, including qualifications and number of the Aids to Navigation Manager, the facility, and capital, etc., and be registered with the Minister in accordance with the conditions prescribed by the Minister. The same shall apply to any changes registered.

Article 15 (Reasons for Disqualification, etc.) Any Person falling under any of the following subsections shall be neither a Aids to Navigation Manager nor an Entrustment Management Business person:

1. A minor, incompetent, or a quasi-incompetent

2. Anyone for whom 3 years have not passed since his and her imprisonment without labor or a heavier punishment as sentenced by a court in violation of this Act has been completely executed, (including such cases where it is deemed to have been completely executed), or since it was exempted from being executed;

3. Anyone who was given a sentence of probation of imprisonment without prison labor or higher punishment in violation of this Act and is currently on probation;

4. Anyone in whose case 2 years have not passed since registration was revoked pursuant to the provisions of Article 18;

5. A company whose president falls under any of the above subsections 1through 4. In the event that a Aids to Navigation Manager violates this Act or an order under the Act in conducting his and her management affairs, the Minister may request the owner or Entrustment Management Business person of the Private Management Mark to take any necessary correction steps, such as suspending or replacing the Aids to Navigation Manager's business affairs in accordance with the provisions determined by MLTM Decree.

Upon receipt of a request of a correction step pursuant to Section , the owner or Entrustment Management Business person of the Private Management Mark shall follow such said request, unless there is a special reason not to do so. Article 16 (Succession of Rights and Obligations) If and when an Entrustment Management Business person assigns its business or dies, its successor and assignee or the survival company after a merger, such as a Entrustment Management Business corporation or a company newly established in the wake of a merging of the Entrustment Management Business corporation shall inherit the rights and obligations of the Entrustment Management Business person regarding the Entrustment Management Businessperson's registration.

Any person who accepts the facilities and equipment of the Entrustment Management Business person in accordance with an auction under the Civil Execution Act, a realization under the Act on Revival and Bankruptcy of Debtors and and or a sale of the seized assets under the National Tax Collection Act, Customs Act, or Local Tax Act, or according to any other similar procedures shall inherit the rights and obligations of the Entrustment Management Business person in respect of the Entrustment Management Businessperson's registration.

Any person who succeeds the rights and obligations of the Entrustment Management Business person in accordance with Section shall report said fact to the Minister under the conditions as prescribed by MLTM Decree within 30 days of said succession.

Article 15, Section shall apply mutatis mutandis to the succession in accordance with Section or .

Article 17 (Report of Commencement, etc. of Business) Where commencing and suspending or closing business, an Entrustment Management Business person shall report said fact to the Minister in advance in accordance with the conditions as prescribed by MLTM Decree. Similarly, in the event of reopening business after a suspension, an Entrustment Management Business person shall report said fact to the Minister.

Article 18 (Revocation, etc. of Registration of a Aids to Navigation Aids to Navigation Entrustment Management Business) If and when an Entrustment Management Business person falls under any of the following subsections, the Minister may revoke the Entrustment Management Businessperson's registration or order the suspension of business within a fixed period not exceeding one-year period, provided that in the event of falling under any of Sections through , the Minister shall revoke the Entrustment Management Businessperson's registration:

1. Where the registering of the Aids to Navigation Entrustment Management Business was conducted falsely or by other unlawful means;

2. Where there has been a lending of a Certificate of Aids to Navigation Entrustment Management Business to another person;

3. Where the person falls under any of the subsections under Article 15, Section , provided that in the event of falling under any of the subsections through under Article 15, Section due to inheritance or in the event that the representative of the company falls under subsection 5 of Article 15, Section , whose grounds for disqualification have been removed within a 3 month-period, this subsection shall not apply;

4. Due to failure to meet the criteria for registration of a Aids to Navigation Entrustment Management Business under the first paragraph of Article 14;

5. When changing the registered content without completing the registration of a change in violation of the second paragraph of Article 14;

6. When commencing, suspending, or reopening the business without reporting said commencement, suspension, or reopening of the business in violation of Article 17;

7. When not commencing the business within one year after the date of registration without a justifiable reason.

In the event of there being a revocation of the Aids to Navigation Entrustment Management Business' registration or its business suspension, the Entrustment Management Business person shall notify the owner of the Private Aids to Navigations of said fact.

The necessary matters regarding the detailed criteria and procedures for the disposition under Section shall be determined by MLTM Decree.

Article 19 (Continuation of the Business of the Entrustment Management Business person Whose Registration is Revoked or Whose Business Is Suspended) Entrustment Management Business person who is given a disposition of the Aids to Navigation Entrustment Management Business' registration revocation or business suspension according to Article 18 may continue the entrustment management business activities signed prior to such a disposition within the scope of a 3-month period. In the event that an Entrustment Management Business person who has been given a disposition of the Aids to Navigation Entrustment Management Business' registration revocation or business suspension according to Article 18 continues entrustment management business activities according to Section , such Entrustment Management Business person shall be deemed as the Entrustment Management Business person under this Act until the conclusion of its entrustment management business activities within the period under Section .

Article 20 (Reporting, Confirming) The Minister may make the owner of Private Aids to Navigation or the Entrustment Management Business person submit or report the necessary documents for the sake of managing said Aids to Navigation and provide relevant official with access to the management office of the Private Aids to Navigation and their accompanying facilities for investigations of the situation for managing the Aids to Navigation or the appropriateness of the registration criteria or checking the books or other documents. The relevant official who enters and exits according to Section shall carry a certificate proving his and her authority and show it to the persons concerned. The person who tries to enter and exit the management office, etc. to investigate the management situation or check the books and other documents, according to Section , shall outline his and her entry & exit purpose, date, period in writing and provide notice to the owner of the Private Aids to Navigations or the Entrustment Management Business person 7 days prior to the inspection.

Article 21 (Order of Transfer and Removal, etc.) Where deemed necessary for the safety of marine transport except in any dysfunction of Private Aids to Navigations or the dysfunction of marine transport, pursuant to Article 13, Section , the Minister may make the owner of the Private Aids to Navigation or Entrustment Management Business person transfer or remove the Aids to Navigation or take any other necessary steps within a defined period. Particularly, where deemed necessary for the safety of marine transport, the Minister may manage or expropriate Private Aids to Navigation in person under the conditions as prescribed by Presidential Decree. Article 22 (Change of Private Aids to Navigation's Situation) In the event of trying to change the situation for Private Aids to Navigation, the owner of the Private Aids to Navigation shall obtain the Minister's permission in accordance with the conditions as prescribed by Presidential Decree, provided that, in the event that the purpose of the Private Aids to Navigation's installation no longer remains and thus the owner of the Private Aids to Navigation attempts to remove the Private Aids to Navigation, the said owner shall report said fact to the Minister in advance in accordance with the conditions as prescribed by MLTM Decree. In the event of permitting a change in the location of Private Aids to Navigation among the permitted matters of the situation changes according to Section , the Minister shall check to see both whether the location to be changed is appropriate for the safety of marine transport or not and the type and specifications of the Private Aids to Navigation. Where there is a change in the shape of Private Aids to Navigation owned or managed by the owner of the Private Aids to Navigation or Entrustment Management Businessperson, the owner or Entrustment Management Business person shall immediately report said fact to the Minister in accordance with the conditions as prescribed by MLTM Decree. Chapter 4 Protection, etc. of Aids to Navigation

Article 23 (Prohibition of Damaging Aids to Navigation) No person shall damage Aids to Navigation.

Article 24 (Limitation of Light, etc.) No person shall use a light or sound, etc. which can be misconceived as a Aids to Navigation.

The Minister may submit to any person who does or attempts to do such an act under Section an order of suspension of use or take any necessary steps in order to prevent such problems recurring. Article 25 (Limitation of Construction, etc.) Any Person who attempts to construct architecture which is concerned to become an obstacle to the function of Aids to Navigation, salvage a sunken object, install a light or sound facility, or do any other construction work shall take all necessary steps to prevent causing an obstacle to other ships.

The Minister is entitle to order the person who has the title for the construction or work under Section to take any necessary steps for preventing obstacles to the functions of Aids to Navigation. Article 26 (Limitation of Installing Structures, etc.) No person shall install or plant a structure, plant, or other facility, (hereafter referred to as "Structures"), which may obstruct or are deemed likely to obstruct the sight of Aids to Navigation in the vicinity of the Aids to Navigation.

The Minister may order a person who has a title for Structures installed or planted in violation of Section to remove said Structures, move it to another location, or take any necessary steps required by limiting the portion of the Structures that may serve as an obstacle to a Aids to Navigation. In the event of installing Aids to Navigation, where any pre-existing Structures obstructs or may be deemed likely to obstruct the sight of the Aids to Navigation, the Minister may order the person to remove said Structures to another location or take any other necessary steps. Article 27 (Limitation in Respect of a Ship) No person shall make a ship (including barges, rafts, or other similar structures, herein the same shall apply) approach and sail around a Aids to Navigation where the ship may damage the Aids to Navigation. No person shall make a ship moor at Aids to Navigation. No person shall make a ship anchor or stop at a place where it may obstruct the sight of Aids to Navigations or come into contact therewith. In the event of damaging Aids to Navigation in the course of sailing, the captain of the ship shall immediately report the place, damage, and steps taken to the Minister or the head or the Commissioner General of the Korea Coast Guard in accordance with the conditions as prescribed by Presidential Decree.

Article 28 (Protection of Aids to Navigation) No person shall do any of the following to damage Aids to Navigation:

1. Act of scribbling on Aids to Navigation;

2. Act of throwing an object at Aids to Navigation;

3. Act of throwing earth and rock, gravel and sand and garbage, or other waste at Aids to Navigation;

4. An act which may make dirty or damage Aids to Navigation, as determined by MLTM Decree.

No person shall do any of the following which obstructs the function of Aids to Navigations without a justifiable reason to do so:

1. Act of climbing Aids to Navigation;

2. Act of capturing, gathering, or growing marine products, animals, or plants at Aids to Navigation, such as fishing;

3. Act of gathering earth and rock, gravel and sand at a place that may have an impact on the function of Aids to Navigation.

Article 29 (Obligation to Recover) Any Person who damages Aids to Navigation, (excluding Private Aids to Navigation, but including cases where the Minister carries out the installation, management as a proxy in accordance with Article 10 and cases where the Minister directly manages or expropriates Private Aids to Navigation in accordance with Article 21, Section ; the same shall apply to this Article), or accompanied facilities shall restore the damaged Aids to Navigation or Navigation accompanied facilities to their original state at his and her own expense.

Where the person who must restore the damaged Aids to Navigation or Navigation accompanying facilities to their original state pursuant to Section fails to perform their obligations without a justifiable reason, the Minister shall give an order of recovery within a defined period. Where a person who is given an order of recovery referred to in Section fails to deliver such an order, the Minister may make a vicarious execution in accordance with the Administrative Vicarious Execution Act. In such a case, the expenses used for such vicarious execution shall be borne by the person who damaged the Aids to Navigation or accompanying facilities. The necessary matters regarding the period and method for recovery referred to in Section and shall be determined by MLTM Decree.

Chapter 5 Development and Inspection of Equipment and Supplies Article 30 (Development, etc. of Equipment and Supplies) The Minister may designate and announce the equipment and supplies for Aids to Navigation to reflect new technologies for the enhancement of the Aids to Navigation's functions and the benefit of Aids to Navigation users. The Minister may determine a criteria for unifying the functions and specifications of the equipment and supplies for Aids to Navigation.

The Minister may support the whole or any part of the development expenses to the person who is going to develop the equipment and supplies designated and announced as referred to in Section within the scope of the budget.

Where the quality of the equipment and supplies of Aids to Navigation is deemed as excellent, the Minister may encourage other people to use such equipment and supplies in accordance with the conditions as prescribed by MLTM Decree.

Article 31 (Inspection, etc. of Equipment and Supplies) The Minister may conduct a pre-use inspection or periodical inspection and a change inspection regarding the performances of the equipment and supplies of Aids to Navigation.

The necessary matters regarding the content by inspection type and the equipment and supplies entitled to inspection referred to in Section shall be determined by MLTM Decree. No person shall use equipment and supplies which have not passed the inspection referred to in Section .

Article 32 (Vicarious Execution for Inspection Work, etc.) The Minister may arrange an Inspection Agency designated by the criteria and procedures determined by MLTM Decree, (hereafter referred to as "Inspection Agency"), to conduct vicarious execution for the work of inspections in respect of the performances of the equipment and supplies referred to in Article 31, Section . The Minister may allow any agency designated as an Inspection Agency in accordance with Section to use free of charge facilities for manufacturing, testing, and inspecting Aids to Navigation, notwithstanding Article 32 of the State Properties Act. In the event that the Inspection Agency designated in accordance with Section suspends or closes its work operations, the Inspection Agency shall report to the Minister no less than 30 days before the date of suspension or closure of such work in accordance with the conditions as prescribed by MLTM Decree.

The Minister may make the Inspection Agency submit the necessary documents to see whether the Inspection Agency is operated to meet the criteria in accordance with Section and have a public official concerned access the Inspection Agency office or inspection site to check the facilities. The provisions of Article 20, Sections and shall apply mutatis mutandis to the matter regarding the inspection and access referred to in Section . The necessary matters regarding the guidance and supervision of the Inspection Agency shall be determined by MLTM Decree.

Article 33 (Commission) In the event of conducting vicarious execution of inspection work pursuant to this Act, the Inspection Agency may collect commissions for such said inspection work under the approval of the Minister.

Article 34 (Revocation, etc. of Designation of Inspection Agency) Where an Inspection Agency falls under any of the following subsections, the Minister may revoke the designation of Inspection Agency or order the suspension of the vicarious execution of inspection work duties within a fixed period not exceeding 6 months, provided that, in the event of falling under Section , the Minister shall revoke the designation as an Inspection Agency:

1. Where an Inspection Agency is designated as an Inspection Agency falsely or using other illegal means;

2. Where the agency in question fails to meet the criteria for designation of an Inspection Agency as referred to in Article 32, Section or rejects or avoids an order of submission of documents or access as referred to in Article 32, Section ;

3. Where such said agency rejects or avoids conducting inspection work without a justifiable reason;

4. Where an agency conducts inspection work unsatisfactorily intentionally or due to gross negligence.

Chapter 6 Supplementary Provisions

Article 35 (Preservation, Management, etc. of Aids to Navigation, etc.) The Minister shall preserve and manage Aids to Navigation, accompanying facilities and other equipment which carry historical value. In order to promote the historical and cultural transformation process of Aids to Navigation, such as its role and importance, etc., to the public, the Minister may install and operate a Aids to Navigation-related Museum, (hereafter referred to as the "Museum"), and marine cultural institution. The necessary matters regarding the preservation and management methods of Aids to Navigation, etc. and the installation and operation of the Museum and marine cultural institution in accordance with Sections and shall be determined and announced by the Minister. Article 36 (Compensation for Losses) The Minister shall compensate for losses caused as a result of Article 21 or Article 26, Section .

The compensation referred to in Section shall be subject to any of the following subsections:

1. In the event of Article 21, Section , the expenses normally used for transferring or removing the Aids to Navigation or taking other necessary steps, provided that, in the event of removing Aids to Navigation, the expenses which include the amount corresponding to the salvage value of the Aids to Navigation;

2. In the event of expropriating Aids to Navigation in Article 21, Section , the amount of subtracting the amount corresponding to the equivalent depreciation of the Aids to Navigation from expenses normally used to install the Aids to Navigation;

3. In the event of Article 26, Section , the amount corresponding to the expenses normally used to remove or transplant a structure, etc. which serves as an obstacle, or take any other necessary steps, and for losses of structures, etc., calculated at market value. Any person who is going to receive compensation pursuant to Section shall submit to the Minister an application stating the compensation money sought under the conditions as prescribed by Presidential Decree.

Where an application is submitted under Section , the Minister shall immediately make a decision on the amount to be compensated. In such a case, the Minister shall notify the applicant of the date and place in advance and hear his and her statement and s under the conditions as prescribed by Presidential Decree.

Any person who does not accept a decision referred to in Section may apply for an adjudication of the jurisdictional Land Expropriation Committee under the conditions as prescribed by Presidential Decree.

Unless otherwise provided for in this Act, the Act on Acquisition and Compensation of Land, etc. for Public Service shall apply mutatis mutandis in compensating for losses in accordance with the provisions of Sections through . Article 37 (Hearing) When making a disposition falling under any of the following subsections, the Minister shall hold a hearing:

1. Revocation of the registration of a Aids to Navigation Entrustment Management Business under Article 18;

2. Cancellation of designation of an Inspection Agency under Article 34. Article 38 (Payment of Light Due) Any ship which enters and exits a trading port under Article 3, Section , Subsection 1 of the Harbor Act shall pay light due, provided that a ship under the conditions as prescribed by Presidential Decree, including a ship owned by the state or a local government and a ship calling at the trading port in order to avoid a maritime accident may be exempted from paying such light due, in whole or in part.

The necessary matters regarding the amount and method for imposing the light due and its collection procedures shall be determined by MLTM Decree.

Article 39 (Establishment of the Korea Association of Aids to Navigation) The MLTM shall establish the Korea Association of Aids to Navigation, (hereafter referred to as "the Association"), for technology development and the efficient management of Aids to Navigation-related facilities in respect of Aids to Navigation. The Association shall be a juristic person.

The Association shall perform the following work:

1. Investigation and research and publicity of Aids to Navigation;

2. International cooperation regarding Aids to Navigation and collection and analysis and provision of technological information;

3. Research and development and inspection of the equipment and supplies for Aids to Navigation;

4. Other businesses determined by the Association's Articles of Incorporation, such as the business entrusted by the Minister.

All necessary matters regarding the matters to be included in the Association's Articles of Incorporation and its operation shall be determined by Presidential Decree. In the event of deeming it necessary for the purpose of supervision, the Minister may order the Association to report its business affairs or submit documents and make the public officials affiliated to his and her department investigate the business affairs thereof.

The State may subsidize the Association for the expenses necessary for conducting the businesses referred to in Section within its budget. In the event of deeming it necessary for operating the Association, the State may lend the state-owned properties and articles to the Association free of charge or allow the Association to use and gain benefits from such state-owned properties notwithstanding the State Properties Act and the Articles Management Act. All necessary matters regarding the lease of the state-owned properties and articles or contents of use and benefits thereof, condition and procedures thereof etc. shall be determined by Presidential Decree.

Unless otherwise provided for in this Act in respect of the Association, the provisions in respect of incorporated associations under the Civil Act shall apply mutatis mutandis to the Association.

Article 40 (Delegation and Entrustment of Authority) The Minister may delegate part of his and her authority pursuant to this Act to the Commissioner General of the Korea Coast Guard or the head of the organization affiliated to his and her department in accordance with the conditions as prescribed by Presidential Decree.

The Minister may delegate the business affairs falling under any of following subsections to the Association in accordance with the conditions as prescribed by Presidential Decree:

1. Manufacturing and repair of Aids to Navigation determined by Presidential Decree;

2. Managing and operating a Museum and marine cultural institution referred to in Article 35, Section .

Article 41 (Public Officials in Applying Penalties) The executives and staff of the Inspection Agency referred to in Article 32 and the person who is engaged in the entrustment business referred to in Article 40, Section shall be deemed as public officials in applying penalties under the provisions of Articles 129 through 132 of the Criminal Act.

Chapter 7 Penal Provisions

Article 42 (Penalty) Any person who falls under any of the following subsections shall be sentenced to imprisonment of one year or less or a fine of 3 million won or less:

1. Any person who installs or manages Aids to Navigation without permission in violation of Article 5, Section ;

2. Any person who has operated a Aids to Navigation Entrustment Management Business without registration in violation of the first paragraph of Article 14;

3. Any person who damages Aids to Navigation and does not report said fact in violation of Article 27, Section .

Article 43 (Penalty) Any person who falls under any of the following subsections shall be sentenced to a fine of 2 million won or less:

1. Any person who fails to perform an obligation of installation or reporting of Aids to Navigation in violation of Article 8, Section ;

2. Any person who installs or manages Aids to Navigation without permission in violation of Article 8, Section ;

3. Any person not equipped with a Aids to Navigation Management Manager and the facilities necessary for managing Aids to Navigation in violation of the main section of Article 13, Section ;

4. Any person who changes registration matters without reporting said changes in violation of the second paragraph of Article 14;

5. Any person who changes the situation of Private Aids to Navigation without permission or removes such Private Aids to Navigation without reporting said removal in violation of Article 22, Section ;

6. Any person who moors, anchors or stops a ship in violation of Article 27, Section or ;

7. Any person who does not fall under any of the activities under Article 28, Section . Article 44 (Fine for Negligence) Any person who falls under any of the following subsections shall be charged of a fine for negligence not exceeding 1 million won:

1. Any person who fails to receive completion confirmation in violation of Article 13, Section ;

2. Any person who fails to report a transfer or entrustment in violation of Article 13, Section or ;

3. Any person who fails to perform an order referred to in Article 13, Section ;

4. Any person who fails to comply with a correction order without a special reason not to do so in violation of Article 15, Section ;

5. Any person who fails to report the succession of rights and obligations in violation of Article 16, Section ;

6. Any person who fails to report the commencement, suspension, closure, or reopening of a Aids to Navigation Entrustment Management Business in violation of Article 17;

7. Any person who fails to notify the owner of the Aids to Navigation of the fact of registration revocation or business suspension in violation of Article 18, Section ;

8. Any person who refuses an order of submission or reporting documentation or obstructs or denies access and investigation and inspection under Article 20, Section ;

9. Any person who fails to perform an order under Article 21, Section ;

10. Any person who fails to report in violation of Article 22, Section ;

11. Any person who fails to perform an order under Article 24, Section , Article 25, Section or Article 26, Sections 2 and ;

12. Any person who commits an act falling under any of the subsections under Article 28, Section ;

13. Any person who refuses, obstructs, or avoids a pre-use inspection, periodical inspection, and a change Inspection under Article 31, Section ;

14. Any person who uses the equipment or supplies not having passed an inspection in violation of Article 31, Section ;

15. Any person who fails to report the fact of business suspension or closure in violation of Article 32, Section ;

16. Any person who refuses to submit documentation or obstructs or refuses entry & exit under Article 32, Section .

A fine for negligence under Section shall be imposed and collected by the Minister under the conditions as prescribed by Presidential Decree.

Addenda (State Properties Act). Article 1 (Enforcement) This Act shall enter into force on the date of its promulgation.