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Laws of the Republic of Korea |
[Effective on Jan. 1, 2009] [Act No. 9071, Mar. 28, 2008, Amendment of Other Laws and Regulations]
Ministry of Land, Transport and Maritime Affairs (Port Policy Division) 02-2110- 8617
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to provide for matters concerning designation, development, management and utilization of ports to serve to develop the national economy through the promotion of the construction of ports and ensuring the efficiency of management and operation thereof.
Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: 1. The term "port" means any establishment equipped with facilities installed for
the entry and departure of ships, the embarkation
and disembarkation of
passengers on board, and the loading and unloading, storing and handling of
cargoes, and such ports shall
be divided into designated ports and local ports;
2. The term "designated ports" means those ports closely related to the national
economy and public interest, and their names, locations
and zones are
designated by Presidential Decree;
3. The term "local ports" means ports other than the designated ports, and whose
name, location and zone are designated and announced
by the Special
Metropolitan City Mayor, the Metropolitan City Mayor, Do-governor or
Special Self-governing Do governor (hereinafter
referred to as the "Mayor/Do
governor");
4. The term "port area" means any zone of ports under the provisions of
subparagraph 2 and 3;
5. The term "port district" means zone under the provisions of Article 54 (1) and
any facility protection districts (limited to those
for the protection of port
facilities) under the provisions of Subparagraph 7 of Article 37 (1) of the
National Land Planning and
Utilization Act;
6. The term "port facilities" means facilities falling under any of the following
items within the port area and other facilities
falling under each of the
following items outside the port area, which have been designated and
announced by the Minister of Land,
Transport and Maritime Affairs or the
Mayor/Do governor (hereinafter referred to as the "Management Agency"):
(a) Basic facilities:
(i) Water facilities, such as water ways (sea route), anchoring basin , mooring
basin and turning basin, etc.;
(ii) Contour facilities such as breakwaters, groin, inner breakwater, costal dyke,
training wall, lock gates, sea walls, etc.;
(iii) Port transportation facilities such as roads, bridges, railroads, tracks, canals,
etc.; and
(iv) Mooring facilities such as quays, lighter's wharf, piers, dolphins, ship
landing places, ramps, etc.;
(b) Functional facilities:
(i) Nautical aid facilities, such as beacons, signals, illuminations,
communication systems for incoming and outgoing navigation
of vessels,
etc.;
(ii) Cargo loading and unloading facilities, such as fixed or mobile loading and
unloading equipment, cargo conveying equipment
and piping, etc.;
(iii) Facilities for passengers, such as waiting rooms, facilities for passengers
and luggage offices, etc.;
(iv) Facilities for the distribution and sales of cargo such as warehouses, yards,
container yards, container freight station, silos,
oil storage facilities and
cargo terminals, etc.;
(v) Vessel supply facilities, such as oil pumping and water supply facilities and
ice production and supply facilities, etc.;
(vi) Facilities relating to the port control (vessel traffic service), information
(public relations) and security of port;
(vii) Sites for port facilities;
(viii) Functional facilities under subparagraph 5 (b) of Article 2 of the Fishery
Ports Act (limited to those located in the fishery
port area);
(ix) Cultural and welfare facilities under subparagraph 5 (c) of Article 2 of the
Fishery Ports Act (limited to those
located in the fishery port zone); and
(x) Pollution prevention facilities such as soundproof walls, dustproof nets,
forest zones,
etc.;
(c) Support facilities:
(i) Background distribution facilities, such as storing warehouses, distribution
centers, complex cargo terminals and ship supplies;
(ii) Facilities for storage, sale, exhibit, etc. of tools and materials for vessels and
ship supplies;
(iii) Facilities for assembly, processing and packaging, etc. for cargoes;
(iv) Facilities for port-related business, such as public
services and facility
management, etc.;
(v) Facilities for welfare and convenience-providing, such as resting places,
overnight accommodations, clinics, entertainment facility,
training places,
parking lots, customs clearance places for vehicles, etc. for the port facility
users (hereinafter referred to
as the "users"), passengers, etc., using port, and
those engaging in port (hereinafter referred to as "the port employee");
(vi)
Research facilities such as technological development of port-related
industry and support to ventures, etc.; and
(vii) Other facilities for supporting port functions as stipulated by Ordinance of
the Ministry of Land, Transport and Maritime
Affairs; and
(d) Port waterfront facilities:
(i) Basic facilities for marine leisure to accommodate fishing place, pleasure
boat, fisher boat, motor boat, yacht and windsurfing
boat, etc.;
(ii) Facilities for marine culture and education, such as marine museum, fishing
village folk hall, marine relics,
performance places, studying places and mud
flat experiencing lots, etc.;
(iii) Marine park facilities, such as marine observation platform, strolling
pathways, beach greens and landscape facilities; and
(iv) Artificial facilities created by recycling dredged soil, such as artificial beach
and artificial marsh, etc.;
7. The term "port logistics complexes" means the areas designated and developed
under Article 43 to improve the port's value (add
value) and the port-related
industrial activities, and to contribute to the elevation of conveniences for the
port users by collectively
installing and fostering the supporting facilities and
the port waterfront facilities in the port area and port districts of the
international trade ports;
8. The term "port logistics" means the handling process for transportation, storage,
stevedoring and packing, etc, made up until
transferred from cargo vendors to
cargo demander in the port.;
9. The term "port logistics integrated information system" means a system in
which the Management Agency and port users exchange,
process and utilize
any information generated in the process of the utilization and distribution of
port through information network
in order to reduce port distribution cost and
obtain various real-time information.
10. The term "port construction integrated information system" means a system in
which the Management Agency and port construction
related persons
exchange, process and utilize any information generated in the process of the
plandesigncontractconstructionmaintenance
and management of port
construction through information network in order to increase overall
efficiency of port construction business
through rapid administrative affairs
transaction and cost-saving.
11. The term "tug boats" means boats (ships) to move vessels by pulling or pushing
them in order to make the incoming and outgoing
navigation of vessels leave
and come alongside the pier (berth).
Article 3 (Classification and Designation Standards of Designated Ports)
(1) Designated ports shall be classified and designated
as follows:
1. Trade ports; and
2. Coastal ports.
(2) The designation standards under paragraph (1) shall be prescribed by
Presidential Decree.
Article 4 (Port Policy Council)
(1) A Central Port Policy Council shall be established under the control of the
Minister of Land, Transport and Maritime Affairs
in order to deliberate the
following matters: 1. Matters concerning the establishment and modification of basic port plans,
provided that matters prescribed by Presidential Decree
shall be excluded;
2. Matters concerning the designation and abolition of ports;
3. Matters concerning the designation and adjustment of port areas;
4. Matters concerning the establishment of integrated plans for the development
of port logistics complexes under Article 42;
5. Matters concerning the designation of port logistics complexes under Article
43; and
6. Other matters referred to the Council by the Minister of Land, Transport and
Maritime Affairs, regarding the development, management
and operation of
ports.
(2) A local port policy council shall be established under the control of the chief of
a regional maritime affairs and port office
in order to follow advice and
suggestions provided by the chief of a regional maritime affairs and port office and
to deliberate
the delegated matters among those under the jurisdiction of the
Central Port Policy Council.
Article 5 (Establishment of Basic Port Plans)
(1) In order to promote the development of ports and promote the efficiency of the
operation thereof, the Minister of Land, Transport
and Maritime Affairs shall
establish and enforce the basic port plans concerning the designated ports, and the
Mayor/Do governor
shall establish and enforce the basic port plans concerning the
local ports, with an interval of ten years respectively.
(2) The Minister of Land, Transport and Maritime Affairs shall go into conference
with the head of the central administrative agency
concerned and the Mayor/ Do
governor concerned, when he desires to establish the basic port plans concerning
designated ports under
paragraph (1).
(3) The Mayor/Do governor shall obtain the approval of the Minister of Land,
Transport and Maritime Affairs, when he desires to
establish the basic port plans
concerning local ports under paragraph (1). In this case, the Minister of Land,
Transport and Maritime
Affairs shall, upon approving it, go into conference with
the head of the concerned central administrative agency.
Article 6 (Contents of Basic Port Plans)
(1) The basic port plans under Article 5 shall include the following subparagraphs:
1. Mid-term and long-term development plan of ports;
2. Annual development, management and operational plan of ports;
3. Matters concerning designation, modification and abolishment of ports;
4. Matters concerning designation of planned districts for developing ports; and
5. Other matters which the Management Agency deems necessary.
(2) In case where the port construction plan is included in the development
plan for
industrial complexes established under Articles 6 and 7 through 7-2 of the
Industrial Sites and Development Act, the development
plan for industrial
complexes shall be reflected in the basic port plan under paragraph (1).
Article 7 (Modification, etc. of Basic
Port Plans)
(1) Management Agencies can modify the basic port plans if such modification is
necessary.
(2) The provisions of Article 5 (2) and (3) shall apply mutatis mutandis to the
modification of the basic port plans, provided that
the same shall not apply to the
modification of minor matters prescribed by Presidential Decree.
(3) The Management Agency shall
consider the feasibility of the basic port plans
with an interval of 5 years beginning from the establishment thereof.
Article
8 (Notification of Basic Port Plan)
When the Management Agency establishes or modifies the basic port plans under
Articles 5 and 7, it should provide notice thereof
under the Ordinance of the
Ministry of Land, Transport and Maritime Affairs.
CHAPTER III DEVELOPMENT OF PORT
Article 9 (Undertakers, etc. of Port Facilities Works)
(1) Unless otherwise specifically prescribed in this Act or any other Acts
concerning the works of new construction, reconstruction, maintenance, repair and
dredging, etc. of port facilities (hereinafter
referred to as the "port works"), the port
works on the designated port shall be executed by the Minister of Land, Transport
and
Maritime Affairs and the port works on the local ports shall be executed by the
Mayor/Do governor respectively.
(3) If the Non-Management Agency which desires to obtain the execution
permission of the port works under the provisions of the
paragraph (2) complies
with all requirements of the following subparagraphs, the Management Agency
shall give permission to it.
1. Where the plan of port works of the Non-Management Agency does not
infringe the basic port plan under Article 5 of this Act and
the basic new port
construction plan under Article 3 of New Port Construction Promotion Act;
2. Where the port works is required for the management and operation of port;
3. Where the Non-Management Agency has the business capacity such as fiscal
capacity to execute the port works in accordance with
the standards designated by
Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) If the Management Agency gives
permission for the port works as prescribed
by Presidential Decree including those of more than a definite size, it shall
previously
issue a notification thereof and the procedure hereof shall be designated
as prescribed by Ordinance of the Ministry of Land, Transport
and Maritime
Affairs.
(5) If there is any competition between two or more applicants for the permission
of the port works announced under the paragraph
(4) of this Article, the
Management Agency shall evaluate applicants' capacities including the port
construction plan and fiscal
capacity in accordance with the standards as prescribed
by Ordinance of the Ministry of Land, Transport and Maritime Affairs and
then
give permission to applicant by priority
(6) If the Management Agency directly executes the port works or gives
permission to the Non-Management Agency to execute such works,
it shall provide
a notification thereof.
(2) The Non-Management Agency shall obtain approval from the Management
Agency under the conditions as prescribed by Presidential
Decree, if it intends to
prepare an implementation plan for port works under paragraph (1). The same shall
also apply to the changes
of the approved plan.
(3) If the Non-Management Agency which desires to obtain the permission of an
implementation plan for port works under the provisions
of the paragraph (2)
complies with all requirements of the following subparagraphs, the Management
Agency shall give permission
to it.
1. Where the contents of the implementation plan for port works is suitable for the
permission contents under Article 9 (2);
2. Where the funding plan including annual investment plan and fiscal plan etc. is
coincide with the implementation plan for port
works;
3. Where the implementation plan for port works is met with the execution items
to be improved and required under Article 16 (4)
of the Urban Traffic
Readjustment Promotion Act.
(4) Notwithstanding paragraph (2), any Non-Management Agency, if it intends to
prepare a port work implementation plan for port
facilities which are not set to
revert to the State or a local government under the proviso of Article 18 (1) and are
prescribed
by Presidential Decree, shall file a report thereon to the Management
Agency as prescribed by Presidential Decree.
(5) An application or a report for permission under paragraphs (2) or (4) shall be
filed within one year from the date on which
the permission is obtained under the
main sentence of Article 9 (2), provided that in case that there are the grounds as
prescribed
by Presidential Decree, the period may be extended once within the
scope of one year.
1. Decision of urban management planning under the provisions of Article 30 of
the National Land Planning and Utilization Act (limited
to basic facility under
the provisions of Article 2 (6) of the same Act), the designation of the
undertaker of urban planning facility
works under the provisions of Article 86
of the National Land Planning and Utilization Act and the approval on the
implementation
plan of urban planning facility works under the provisions of
Article 88 of the same Act;
2. Approval on the water works under Articles 17 and 49 of the Water Supply and
Waterworks Installation Act and the approval on the
installation of exclusive
supply water pipes under the provisions of Articles 52 and 54 of the same Act;
3. Permission for public sewage works under the provisions of Article 16 of the
Sewerage Act;
4. Permission for occupying and using public waters under the provisions of
Article 5 of the Public Waters Management Act, and approval
of or a report of
the implementation plan under the provisions of Article 8 of the same Act;
5. Reclamation license under the provisions of Article 9 of the Public Waters
Reclamation Act and the consultation with or approval
of the Minister of Land,
Transport and Maritime Affairs under the provisions of Article 38 (1) of the
same Act;
6. Permission on the implementation of river works under the provisions of
Article 30 of the River Act and the permission for the
occupation of rivers
under the provisions of Article 33 of the same Act;
7. Permission on the implementation of road works under the provisions of Article
34 of the Road Act and the permission for the occupation
of roads under the
provisions of Article 38 of the same Act;
8. Permission on the conversion of farmland under the provisions of Article 34 of
the Farmland Act;
9. Permission for and report on the diversion of the use of mountainous districts
under the provisions of Articles 14 and 15 of the
Management of Mountainous
Districts Act, and permission for and report of the cutting of standing timber
under the provisions of
Article 36 (1) and (4) and Article 45 (1) and (2) of the
Act on Forest Resources and Forest Management;
10. Permission for logging etc. of living trees and bamboos in erosion control area
under the provisions of Article 14 of the Work
against Land Erosion or
Collapse Act;
11. Permission for the establishment of a factory, etc. under the provisions of
Article 6 (1) of the Dangerous Object Safety Management
Act; and
12. Permission for the occupation and use of parks under the provisions of Article
23 (1) of the Natural Parks Act and consultation
with the Park Management
Agency under the provisions of Article 50 of the same Act.
(2) Public announcement on the establishment
or modification of a basic port plan
pursuant to Articles 5 through 8 shall be, within the limits thereof, deemed to be the
public
announcement pursuant to Article 7 of the Public Waters Reclamation Act
on the establishment or modification of the corresponding
basic plan of public
water surface reclamation pursuant to Articles 4 and 8 of the same Act.
(3) The Management Agency shall previously
go into conference with the head of
the administrative agency concerned regarding the compliance of the port works
with the relevant
laws regulations in accordance with each subparagraph of
paragraph (1), when it executes port works directly or permits the implementation
of the works by the Non-Management Agency in accordance with the provisions of
Article 9.
Article 13 (Completion Confirmation)
(1) The Non-Management Agency shall submit work completion report to the
Management Agency and shall obtain a completion confirmation
immediately after
completing the port work.
(2) The Management Agency, upon receiving an application for the completion
confirmation of the work under paragraph (1), shall
conduct an inspection of the
completion of the work as prescribed by Presidential Decree and issue a certificate
confirming the
completion of the work to an applicant as prescribed by Ordinance
of the Ministry of Land, Transport and Maritime Affairs when it
recognizes that the
work has been performed in accordance with the terms of the permission.
(3) When the completion confirmation certificate is issued under the provisions of
paragraph (2), it shall be considered that the
inspection of completion or approval
for the completion of such work, etc. is obtained in accordance with the
permission, etc.
under the provisions of each subparagraph of Article 12 (1).
(4) Before a certificate confirming the completion of the work is issued
under the
provisions of paragraph (2), no land or facilities resulting from such work shall be
used, provided that the same shall
not apply to the case where a report with respect
to the use of such land or facilities prior to the completion of the work is filed
with
the Management Agency as prescribed by Ordinance of the Ministry of Land,
Transport, and Maritime Affairs or the Management
Agency grants permission for
the use of such land or facilities prior to the completion of the work.
When implementing the port works, the Management and Non-Management
Agencies may regard incidental works which are directly related
to the port works
as port works and execute them concurrently.
Article 15 (Vicarious Implementation, etc. of Works for Mayor/Do Governor)
When it is necessary for the balanced development of
the national territory and the
promotion of welfare of local residents, the Minister of Land, Transport and
Maritime Affairs can
vicariously execute the port works to be executed by the
Mayor/Do governor, or may subsidize the necessary expenses for the works
in
accordance with the provisions of the Presidential Decree.
Article 16 (Vicarious Implementation of Port Works for Non-Management
Agency)
When it is necessary for the efficient implementation of the port works, the
Management Agency may vicariously execute the port
works for the Non-
Management Agency which was permitted by the provisions of Article 9 (2), at the
expenses of the Non-Management
Agency.
Article 17 (Vicarious Exercise of Authority)
When the Minister of Land, Transport and Maritime Affairs vicariously executes
the port works pursuant to the provisions of Article
15, or the Mayor/Do governor
manages a port existing outside of the jurisdictional area pursuant to the agreement
under Article
24, they may exercise the authority of the Management Agency,
respectively, in accordance with the provisions of the Presidential
Decree.
Article 18 (Revert, etc. of Port Facilities)
(1) The land and facilities which were made or installed by the Non-Management
Agency according to the provisions of Article 9 (2)
shall be reverted to the State or
the local government simultaneously upon its completion, provided that the land
and port facilities
which are prescribed by Presidential Decree shall not be subject
to this provision.
(2) Notwithstanding the language in paragraph (1), the Korea Container Wharf
Corporation which is established under the Korea Container
Wharf Corporation
Act can acquire the ownership of the remaining land with the exception of port
facilities from the land or facilities
that were made or installed by the port works.
In this case, the range of acquiring ownership is limited within the amount of total
working expenses which are prescribed by Presidential Decree.
(3) The Non-Management Agency can use free of charge the port facilities
which
have reverted to the State or the local government under paragraph (1), within the
limit of total working expenses, under
the conditions as prescribed by Presidential
Decree.
(4) Those who can use free of charge the port facilities which have reverted to the
State or the local government under the provisions
of paragraph (3) may allow
others to use these facilities as well.
Article 19 (Management Right of Port Facilities)
(1) When the Non-Management Agency has installed the port facilities with
permission in accordance with the provisions of Article
9 (2), the Minister of Land,
Transport and Maritime Affairs can establish a right (hereinafter referred to as
"the management right
of the port facilities") which enables him to preserve and/or
manage the facilities and to collect the rental fee from the users
of the port
facilities.
Article 21 (Special Provisions for Mortgage Settlement)
The management right of the port facilities with a mortgage should not be
disposed
without the consent of the mortgagor.
Article 22 (Alteration, etc. of Right)
(1) The establishment, alteration, extinguishment and restriction of the disposition
of the management right of the port facilities
or mortgage for the purpose thereof
shall have effect by making such registered in the registration ledger, which is kept
in the
Ministry of Land, Transport and Maritime Affairs, for the management right
of the port facilities.
(3) Unless otherwise specifically provided for in this Act, the provisions of the
Registration of Real Estate Act shall be applied
mutatis mutandis to the registration
of the management right of the port facilities.
(4) The provisions of the Civil Procedure Act shall be applied mutatis mutandis to
the delivery regarding the registration of the
management right of the port facilities
and the provisions of the Non-Contentious Case Procedure Act shall be applied
mutatis mutandis
to the cost hereof.
CHAPTER IV MANAGEMENT AND USE OF PORTS
Article 23 (Management of Ports)
The designated ports shall be managed by the Minister of Land, Transport and
Maritime Affairs, and the local ports shall be managed
by the Mayor/Do governor.
Article 24 (Management of Ports Lying on Administrative Boundary)
(1) With regard to a local port lying on the administrative boundary,
the method of
management thereof may be determined separately by an agreement between the
Mayors/Do governors concerned.
(2) If an agreement mentioned in paragraph (1) has not been made, the Mayor/Do
governor concerned may request the Minister of Land,
Transport and Maritime
Affairs to decide thereon.
(1) The Management Agency shall prepare and keep a port register for the
management and operation of the port under its management.
(2) Necessary matters for the preparation, keeping of and entries in the port register
shall be prescribed by Ordinance of the
Ministry of Land, Transport and Maritime
Affairs or by municipal ordinance of the local government concerned.
Article 26 (Report of Facilities and Equipment)
(1) Any person who uses and manages (excluding the Management Agency and
hereinafter referred to as "the facilities and equipment
manger") port facilities
(hereinafter referred to as "the facilities and equipment") among lock gates, canals,
loading and unloading
equipment and other port facilities necessary to operate the
facilities and equipment which are all prescribed by Presidential Decree
shall,
when he installs or removes the facilities and equipment, make a report thereof in
advance to the Management Agency.
(2) Necessary matters concerning procedures for making the report pursuant to
paragraph (1) shall be determined by Ordinance of
the Ministry of Land, Transport
and Maritime Affairs.
(2) The facilities and equipment manger shall make and manage records with
respect to self-checking hereof and maintenance and repairs
of the facilities and
equipment he uses and manages as prescribed by Ordinance of the Ministry of the
Land, Transport and Maritime
Affairs. 1. Manufacture Tests: The tests are conducted when the facilities and equipment
are manufactured;
2. Installation Tests: The tests are conducted when the facilities and equipment
are installed in the finished-product form;
3. Regular Tests: The tests are regularity conducted to confirm the safety
conditions of the facilities and equipment in use every
period prescribed by
Ordinance of the Ministry of Land, Transport and Maritime Affairs from the
date on which the manufacture tests
and installation tests are conducted,
respectively; and
4. Irregular Tests: The irregular tests are conducted when fixed facilities and
equipment are relocated or the structure of the facilities
and equipment are
altered.
(2) Necessary matters concerning the scope of the facilities and equipment to be
tested by test type and method of tests, etc. referred
to in paragraph (1) shall be
prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Any person who intends to undergo the tests pursuant to paragraph (1) shall pay
service fees to the Management Agency as prescribed
by Ordinance of the Ministry
of Land, Transport and Maritime Affairs.
Article 29 (Exemptions from Tests, etc.)
(1) The facilities and equipment which have undergone tests, checkups or
diagnosis falling under any of the following subparagraphs
shall be exempted from
tests described in the provisions of Article 28 (1) according to the classification
prescribed by Ordinance
of the Ministry of Land, Transport and Maritime Affairs:
1. Regular tests conducted in accordance with the provisions of Article 65 of the
Electricity Business Act;
2. Safety checkups and thorough safety diagnosis conducted in accordance with
the provisions of Article 6 or 7 of the Special Act
on the Safety Control of the
facilities and equipment; and
3. Other tests, checkups and diagnosis under other Acts and subordinate statutes
prescribed by Presidential Decree.
(2) Where the facilities and equipment manager who has technology, manpower
and facilities prescribed by Ordinance of the Ministry
of Land, Transport and
Maritime Affairs self-tests the facilities and equipment he uses and manages and
then furnishes the results
of such self-tests in writing to the Management Agency
for examination, his self-tests shall be considered to have undergone the
regular
tests under the provisions of Article 28 (1) 3.
Article 30 (Vicarious Conduct of Tests)
(1) The Management Agency may permit any person designated by itself
(hereinafter referred to as the "vicarious test conductor")
to vicariously perform the
business of conducting the tests under the provisions of Article 28 (1).
(2) Any person who intends
to be designated as the vicarious test conductor shall
have technology, manpower and facilities in conformity with standards prescribed
by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Where a vicarious test conductor vicariously performs
the business of
conducting tests, the fees described in the provisions of Article 28 (3) shall be paid
to such vicarious test conductor.
(4) Any fees collected by the vicarious test conductor in accordance with the
provisions of paragraph (3) shall be made the income
of such vicarious test
conductor.
(5) The Management Agency may, when any vicarious test conductor falls under
any of the following subparagraphs, revoke his designation
or suspend his
vicarious test conductor qualification for a fixed period not exceeding six months,
provided that where he falls
under subparagraph 1, his designation shall be
revoked:
1. When he is found to have obtained his designation in a fraudulent and illegal
manner;
2. When he is found to fall short requirements for designation under the
provisions of paragraph (2);
3. Where he is found not to execute the order given to take necessary measures
of the test business under the provisions of paragraph
(6); and
4. When he is found not to conduct his vicarious test business for more than three
months without any justifiable cause.
(6) The Management Agency may confirm and checkup the test business of the
vicarious test conductor once every year, and take necessary
measures including an
order given to upgrade the test business.
Article 31 (Technical Standards of Port Facilities)
(1) Water facilities, contour facilities, mooring facilities, and other port
facilities
prescribed by Presidential Decree shall be installed and maintained suitable to the
technical standards determined by
Ordinance of the Ministry of Land, Transport
and Maritime Affairs except as otherwise specially prescribed in other Acts and
subordinate
statutes.
Article 32 (Port Facilities and Service Fees, etc.)
(1) To use port facilities (excluding beacons of sea route: hereinafter the
same in
this Article shall apply), any person shall obtain permission from the Management
Agency, enter into a contract with the
Management Agency or the person who has
been delegated or entrusted with the operation of port facilities by the Management
Agency
(hereinafter referred to as the "operator of port facilities") or obtain a
consent from the person who has concluded a rental contract
(hereinafter referred
to as the "rental contractor") with the operator, as prescribed by Presidential
Decree, provided that the
persons who intend to use port facilities designated by
the Management Agency shall report to the Management Agency.
(2) The Management
Agency, when any person applies to obtain permission for the
use of port facilities under the provisions of paragraph (1), shall
give the
permission to the person without any interruption to the development plan and
managementoperation of port due to the use
hereof.
(3) The operator or rental contractor of port facilities may collect service fees from
those who use port facilities pursuant to
paragraph (1), provided that any person
prescribed by Presidential Decree shall be exempted from such service fees in
whole or
in part.
(4) The Management Agency may, where any person, including the operator of the
business of transporting maritime cargoes, etc.,
prescribed by Presidential Decree,
transports simultaneously cargoes for many persons, files a report to the
Management Agency
and vicariously pays service fees in a lump sum for the use
of port facilities to the Management Agency on behalf of such persons
in
accordance with the proviso of paragraph (1), pay expenses required for the
vicarious payment of such service fees to such operator
of the business as
prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
Article 33 (Rental Fees to be Collected by Non-Management Agency)
(1) The person who has had another person use the port facilities
pursuant to the
provisions of Article 18 (4) may collect rental fees from such person. In this case,
matters concerning the method
of use, the rate of rental fees and the collection
thereof shall, in advance, be reported to the Management Agency.
(2) If the
method of use and the rate of rental fees under paragraph (1) are
unreasonable and disturb the convenience of the user, the Management
Agency
may issue an order concerning alteration of the rate hereof, alteration of the method
of use or other matters necessary
for the management and operation of the ports.
(3) The period of collection pursuant to paragraph (1) shall be prescribed by
Presidential
Decree.
Article 34 (Registration, etc. of Tug BoatBusiness)
(1) A person who intends to engage in the tug boat business to assist the entry
and
departure of vessels in the port (hereinafter referred to as the "tug boating
business") shall register with the Minister of
Land, Transport and Maritime Affairs.
(2) The registration of a tug boat business referred to in paragraph (1) shall be
made by port, and the criteria for registration
shall be determined by Ordinance of
the Ministry of Land, Transport and Maritime Affairs.
1. Where the tug boat shall be a self-owned tug boat (including bareboat charter
with the condition of obtaining Korean nationality
in his own name or tug boats
leased and stipulated as self-possession) and be suitable for the criteria of tug
boat possession
as prescribed by Ordinance of the Ministry of Land, Transport
and Maritime Affairs;
2. Where the type of the tug boat propeller shall be a forward-type propeller;
3. Where the tug boat shall be equipped with facilities as prescribed by Ordinance
of the Ministry of Land, Transport and Maritime
Affairs such as fire-fighting
equipments; and
4. Where the age of the tug boat concerned shall, upon the registration hereof, be
not more than twelve years, provided that the
same shall not be applied to the port
which the Minister of Land, Transport and Maritime Affairs recognizes that the
profit of
the tug boat business in the port is little due to the low demand of the tug
boats.
(3) Where it falls under any one of the following subparagraphs, notwithstanding
the provisions of paragraph (2), a registration
of a tug boat business may be made
for not less than two ports:
1. Where a small number of vessels enter or depart from a port; and
2. Where not less than 2 ports adjoin.
Article 35 (Restriction on Registration of Tug Boating Business)
(1) No person who falls
under any of the following subparagraphs may register for
a tug boating business:
1. Shipper of crude oil, steel material, liquefied gas and coal for generating
electricity;
2. Overseas regular cargo transport services and overseas non-regular cargo
transport services under the Marine Transport Act;
3. Shipbuilding businessman; and
4. Juristic person virtually owned or dominated by a person (hereinafter referred
to as the "related juristic person") who falls
under any of subparagraphs 1
through 3 and a person having a special relationship therewith (hereinafter
referred to as the "specially
related person").
(2) The scope, etc. of related juristic persons and specially related persons shall be
prescribed by Presidential Decree.
(3) The provisions of paragraph (1) shall apply mutatis mutandis to the person who
takes over the tug boat business pursuant to
Article 38.
Article 36 (Revocation, etc. of Registration)
(1) When a person who has made a registration for tug boat business (hereinafter
referred to as the "tugboat business operator")
falls under any of the following
subparagraphs, the Minister of Land, Transport and Maritime Affairs may revoke
the registration
or may suspend the business for a fixed period not exceeding 6
months, provided that in case that he falls under subparagraphs 1
through 3, the
registration shall be revoked: 1. When the registration has been made by deception or improper means, etc.;
2. When he falls short of the standards for registration in accordance with Article
34 (2);
3. When he falls under any of each subparagraph of Article 35 (1);
4. When he rejects the request for using a tugboat without a justifiable cause in
violation of Article 39; and
6. When he violates this Act, or orders or dispositions stipulated under this Act.
Article 37 (Imposition of Penalty)
(1) The Minister of Land, Transport and Maritime Affairs, in case that he intends to
suspend the business of the tugboat operator
after such tugboat operator is found to
fall under subparagraph 4 of Article 36 but there is no tugboat which can be used in
conformity
with the standards for using tugboat under Article 40 (2), may impose a
penalty not exceeding two million won in lieu of the suspension
of his business.
Article 38 (Succession of Rights and Duties)
In case that a tugboat operator dies or transfers his business or a corporation is
merged with another corporation, a successor,
a transferee, a corporation that
survives such merger, or a corporation established through such merger shall
succeed rights and
duties with respect to the registration of the tugboat business.
Article 39 (Matters to be Complied with by Tugboat Service Operators)
The tugboat service operator shall not refuse requests for tugboat service, except
for the cases falling under any of the following
subparagraph.
1. Where he is restricted from operating vessels under other Acts and subordinate
statutes;
2. Where there is a serious obstacle to prevent his performance of tugboat service
due to a natural disaster or other compelling
causes; or
3. Where there exists a justifiable cause prescribed by the Tugboat Operation
Consultative Council established pursuant to Article
76.
Article 40 (Obligation to Use Tugboats)
(1) Where it is deemed necessary for protection of port facilities and safety of
vessels, the Minister of Land, Transport and Maritime
Affairs may order mobile
vessels larger in size than those as determined and announced by the Minister of
Land, Transport and Maritime
Affairs to use the tugboats.
(2) The Minister of Land, Transport and Maritime Affairs may determine and
announce the standards for use of tugboats (hereinafter
referred to as the "standards
for use of tugboats") in order that the vessel which is given such duty under
paragraph (1) shall
use a compatible tugboat based on size of the vessel.
Article 41 (Exclusion from Application)
The provisions of this Act regarding the tug boat business shall not apply to the
tugboats owned and managed in order to move or
navigate vessels for purpose of
shipbuilding, repairing or testing trial in shipyard.
CHAPTER V PORT LOGISTICS COMPLEXES
Article 42 (Establishment of Integrated Plans for Development of Port Logistics
Complexes)
(1) The Minister of Land, Transport and Maritime Affairs shall establish the
integrated plans for port logistics complexes (hereinafter
referred to as the
"integrated plans") every 5 years, aiming at the trade port deemed to be in need of
the development of port
logistics complexes.
(2) The integrated plans shall contain matters falling under one of the following
subparagraphs:
1. Matters pertaining to the sites for the development of port logistics complexes,
and to the demand for port facilities;
2. Matters pertaining to the premeditated creation and provision of the sites for
the development of port logistics complexes, such
as the reclaimed land of
public water area and the idle sites, etc.;
3. Matters pertaining to the designation and development of port logistics
complexes;
4. Matters pertaining to the directions of development of the port logistics
complexes by trade port;
5. Matters pertaining to the maintenance and adjustment of port facilities installed
in the port logistics complexes; and
6. Other matters as prescribed by Presidential Decree.
(3) In case where the Minister of Land, Transport and Maritime Affairs establishes
the integrated plans, he shall prepare such plans, listen to the opinions of
Mayor/Do governor, go into conference with the head
of related central
administrative agency, and notify thereof on the Official Gazette after going
through a deliberation of the
Central Port Policy Council under Article 4. It shall
also apply where he intends to alter the integrated plans, provided that it
shall not
apply to the case of alteration in the minor matters as prescribed by Presidential
Decree.
(4) The Minister of Land, Transport and Maritime Affairs may, under the
conditions as prescribed by Presidential Decree, request
the related agencies to
furnish the data required for the establishment and alteration of integrated plans, or
their cooperation;
and the related agencies shall, upon receipt of such requests,
comply with them unless there exist any justifiable grounds.
(5) Other matters necessary for the establishment of integrated plans shall be
prescribed by Presidential Decree.
Article 43 (Designation of Port Logistics Complexes)
(1) The port logistics complexes shall be designated by the Minister of Land,
Transport and Maritime Affairs.
(2) In case where the Minister of Land, Transport and Maritime Affairs designates
the port logistics complexes, he shall prepare
the plan for development of port
logistics complexes, listen to the opinions of Mayor/Do governor, go into
conference with the
head of related central administrative agency, and go through a
deliberation of the Central Port Policy Council under Article 4.
It shall also apply
to the case of alteration in the important matters as prescribed by Presidential
Decree, among the contents
of designation of the port logistics complexes.
(3) The related administrative agency, the head of competent local government and
those as prescribed by Presidential Decree, such
as the local corporation under the
Local Public Enterprises Act, may prepare their opinions on the establishment of
plans for the
development of port logistics complexes, and request the Minister of
Land, Transport and Maritime Affairs to make a designation
of port logistics
complexes.
1. Title, location and size of the port logistics complexes;
2. Purpose of designation of the port logistics complexes;
3. Execution entity, period and method of execution of the development project
for the port logistics complexes;
4. Plans for utilization of sites, and plans for major basic facilities;
5. Major induced facilities, and matters concerning the criteria for their
installation;
6. Plans for raising the financial resources;
7. In case where there exist any admitted or utilized lands, structures and other
goods or rights, their details; and
8. Other matters as prescribed by Presidential Decree.
Article 44 (Public Notice, etc. of Port Logistics Complexes)
(1) The Minister
of Land, Transport and Maritime Affairs shall, where he has
designated any port logistics complex or altered the contents of designation,
publicly notify the matters as prescribed by Presidential Decree on the Official
Gazette or on the official bulletin of Special
Metropolitan City, Metropolitan City
or Do, and forward the copy of related documents to the competent head of
City/Gun/Gu (referring
to the head of autonomous Gu; hereinafter the same shall
apply).
(2) In case where there exist any lands, structures and other goods or rights to be
admitted or utilized in the area to be designated
as the port logistics complex, the
details of such lands, etc. shall be included in the content of public notices under
paragraph
(1).
(1) A person who intends to alter the form and quality of lands, erect the building,
install the structures, collect the earth and
rock or sand, and make other activities as
prescribed by Presidential Decree, in the area designated and noticed as the port
logistics
complex, shall obtain permit from the Minister of Land, Transport and
Maritime Affairs (limited to the public water managed by the
said Minister under
the Public Waters Management Act. Hereinafter the same shall apply in Article
45), or the head of City/Gun/Gu,
provided that it shall not apply to the matters for
which permit, authorization, approval, etc. have been obtained under other Acts
and subordinate statutes from the Minister of Land, Transport and Maritime Affairs
or the head of City/Gun/Gu.
(4) The Minister of Land, Transport and Maritime Affairs and the head of City/
Gun/Gu may order the person who has violated paragraph
(1) or (2) to make a
restoration to original status. In this case, if he has failed to comply with such
order, the Minister of
Land, Transport and Maritime Affairs and the head of
City/Gun/Gu may perform an administrative vicarious execution under the
Administrative
Vicarious Execution Act.
Article 46 (Termination of Designation of Port Logistics Complex)
(1) In case where an implementation plan for port works under
Article 10 on the
whole or part of port logistics complex has not been established in the period as
prescribed by Presidential
Decree within the limit of 5 years after the date of
designation and notification of port logistics complex, such designation of
port
logistics complex on the relevant area shall be considered to have been terminated
on the date following the expiration of
the such period.
(2) The Minister of Land, Transport and Maritime Affairs may, where the
development of the whole or part of port
logistics complex has been finished or
where it is deemed that there is no prospect for such development, terminate the
designation
of port logistics complex on the relevant area under the conditions as
prescribed by Presidential Decree.
Article 47 (Rights of Land Owners)
(1) The landowner shall, in executing the port works within the relevant land,
become the executor of the port works of Non-Management
Agency by obtaining
permit from the Management Agency under Article 9 (2).
(2) The landowner may execute the port works by leasing
the whole or part of the
relevant land to others, or by entrusting others with the whole or part of port works
as who becomes the
executor.
Article 48 (Subsidy for Costs)
(1) The State or local government may, where the development of port logistics
complex is made by the port works executed by the
Non- Management Agency
under Article 9 (2), subsidize or finance a part of costs required for the
development project of port logistics
complex under the conditions as prescribed
by Presidential Decree.
(2) The State or local government shall preferentially support the installation of
infrastructure as prescribed by Presidential
Decree, such as the road, railway, water
facilities, etc., required for the smooth development of port logistics complex.
(3) Facilities
for electricity, electric communications, gas supply, and local heating
within port hinterland complexes shall be installed by the
persons supplying the
electricity, electric communications, gas, or heating to the relevant area under the
conditions as prescribed
by Presidential Decree.
Article 49 (Installation, etc. of Public Facilities)
The Minister of Land, Transport and Maritime Affairs or the Mayor/Do provincial
governor may have the Non-Management Agency executing the port works within
the port logistics complex install the road, park,
green zone and other public
facilities as prescribed by Presidential Decree, or preserve the existing park and
green zone.
CHARGE
Article 50 (Prohibited Actions)
No person shall commit the following acts in a port without any justifiable reason:
1. An action of throwing out poisonous substance or animals carcasses into a port;
2. An action which is likely to affect the depth of the port such as throwing out a
large quantity of soil and stone or trash, etc.;
and
3. Any other actions as prescribed in the Presidential Decree which is likely to
cause an impediment to the preservation or utilization
of the port.
Article 51 (Entry or Use, etc. of Land)
(1) The Management Agency (including a person ordered or commissioned by the
Management Agency) or a person who has obtained the
permit of the
implementation of port works, may enter another person's land or use temporarily
another person's land which is not
being put to any particular use as a material
piling yard for port works, a pathway or a temporary road if it is necessary for the
investigation or the measurement of a port and other implementations of port
works, and may alter or remove bamboos, trees and
other obstacles if necessary for
the performance of the port works.
(2) Any person who intends to enter another person's land pursuant to the
provisions of paragraph (1) and to use temporarily another
person's land or remove
or alter obstacles on another person's land shall notify in writing the owner and
occupant of the land
of the personal information and entry time and entry purpose
hereof seven day in advance and hear their opinion, provided that the
same shall
not apply under unavoidable circumstances.
(3) No person shall enter another person's residence or land surrounded by a fence
without the consent of the occupant of the land
concerned before sunrise and after
sunset.
(4) Any person who intends to enter another person's land pursuant to the
provisions of paragraph (1) shall show it to the persons
concerned and shall present
the document indicating name, entry time, purpose etc. to the persons concerned..
(5) Matters concerning the certificate mentioned in paragraph (4) shall be
prescribed by Ordinance of the Ministry of Land, Transport
and Maritime Affairs.
Article 52 (Use of Land, etc. at Time of Extraordinary Disasters)
The Management Agency may, if it is deemed to be necessary for
preventing
dangers to the use of port facilities or ports due to extraordinary disaster, request
the inhabitants in the vicinity
of that port or the person at the scene of the disaster
to provide labor service, or may temporarily use necessary land, houses,
ships or
other structures, or may alter or remove the structures and other obstacles, or may
use or expropriate soil, stones, bamboos,
trees, conveyers and other things
(excluding structures).
Article 53 (Expropriation of Land, etc.)
(1) If it is necessary for the operation of the port works, the Management Agency
may expropriate or use land, buildings or fixtures
on the land which are in the port
area, or rights other than ownership thereof, mining right, fishing right and right
concerning
water use.
(2) When there is the public notification about the implementation plan for the port
works under the provisions of Article 10, it
shall be regarded that there is an
approval of project and notification thereof under Articles 20 (1) and 22 of the Act
on the
Acquisition of Land, etc. for Public Works and the Compensation Therefor.
An application for adjudication may be filed within the
period fixed in the
implementation plan of port works, notwithstanding Articles 23 (1) and 28 (1) of
the Act on the Acquisition
of Land, etc. for Public Works and the Compensation
Therefor.
(3) With regard to the expropriation or use under paragraph (1), the Act on the
Acquisition of Land, etc. for Public Works and the
Compensation Therefor shall
apply mutatis mutandis unless otherwise specified in this Act.
Article 54 (Establishment of Port Zones,
etc.)
(1) The Management Agency may establish a port zone which is necessary for the
efficient development, management and operation of
a port outside urban planning
zones.
(2) If it is necessary for the efficient development, management and operation of a
port, the Management Agency may establish any
district according to the following
subparagraphs out of the port area and the port district in accordance with the
provisions
of the Presidential Decree:
1. Commercial port district;
2. Industrial port district;
3. Fishing port district;
4. Passenger port district;
5. Supply and support harbor district;
6. Dangerous article port district;
7. Security port district; and
8. Leisure port district.
(3) The limitation on establishment of buildings or specific acts within the port
district shall be imposed
as prescribed by Ordinance of the Ministry of Land,
Transport and Maritime Affairs or the Municipal Ordinance of the local
government
concerned in accordance with the provisions of the National Land
Planning and Utilization Act.
CHAPTER VII EXPENSE AND PROFIT CONCERNING
PORT
Article 55 (Principles of Bearing Expenses)
(1) Unless otherwise specifically prescribed in this Act or any other Acts, the
expenses required for designated ports and their
facilities shall be borne by the
State, and those for the local ports and their facilities shall be borne by the local
government
concerned.
(2) The expenses for the port works enforced by the Non-Management Agency
under Article 9 (2) shall be borne by the executor of
such port works concerned.
Article 56 (Expenses for Vicarious Works)
(1) Expenses required for the port works vicariously executed by the Minister of
Land, Transport and Maritime Affairs pursuant to
the provisions of Article 15 shall
be borne by the State.
Article 57 (Expenses for Ports Lying on Boundary)
(1) Expenses required for ports lying on a boundary under Article 24 shall be
borne
according to the agreement of negotiation by the Mayor/Do governor concerned.
(2) The provisions of Article 24 (2) and (3)
shall apply mutatis mutandis to the
agreement mentioned in paragraph (1).
Article 58 (Compensation for Damages)
(1) When any person commits acts, including a construction project of damaging
the port facilities, the Management Agency shall
have the person concerned bear
the whole or part of the expenses for repair of the damages or preservation, or
prevention from
further damages.
(2) The necessary matters concerning the amount and collection of the
compensation to be imposed under paragraph (1) shall be prescribed
by Ordinance
of the Ministry of Land, Transport and Maritime Affairs or municipal ordinance of
the local government concerned.
Article 60 (Expenses for Performance of Duties)
Expenses required for performance of the duties under this Act or orders,
conditions or by the municipal ordinance pursuant to the
provisions of this Act or
dispositions taken thereunder, shall be borne by the persons to perform the duties,
unless otherwise
specifically prescribed in this Act.
Article 61 (Belonging of Charge, etc.)
Expenses to be borne, occupation fee, rental fee or other profits made in
connection with a port shall belong to the revenue of
the State, if they have been
caused to be borne or have been collected by the Minister of Land, Transport and
Maritime Affairs,
and they shall belong to the revenue of the local government
concerned, if they have been caused to be borne or have been collected
by the
Mayor/Do governor.
With regard to the person who has failed to fulfill his payment of any charge,
occupation fee, rental fees or other dues which becomes
a duty by the provisions of
this Act or by an order, condition or by the municipal ordinance under this Act, or a
disposition taken
thereunder, the Management Agency shall collect it in accordance
with the examples of disposition on the national taxes or the local
taxes in arrear.
CHAPTER VIII SUPERVISION
Article 63 (Supervisory Disposition against Violation of Laws and Regulations.)
(1) Where a person falls under any one of the following
subparagraphs, the
Management Agency may cancel or alter an order under this Act or a disposition or
municipal ordinance under
this Act, or may take necessary disposition such as
suspension or alteration of port works, remodeling, alteration, transfer, removal,
restoration of the original state or the suspension of the use of the facilities and
equipment:
1. A person who has obtained the permit of port works granted under the
provisions of Article 9 (2) or the approval of the implementation
plan of port
works under the provisions of Article 10 (2) or the permit for using the port
facilities under the provisions of Article
32 (1) by deception or any other
fraudulent means; or
2. A person who has violated the permit of port works granted under the
provisions of Article 9 (2) or the approval of the implementation
plan of port
works under the provisions of Article 10 (2) or the permit for using the port
facilities under the provisions of Article
32 (1).
Article 64 (Disposition for Public Interests)
(1) When any one of the following subparagraphs occurs, the Management Agency
may take dispositions prescribed in Article 63 to
the person who has obtained the
permit of port works granted under the provisions of Article 9 (2) or the approval
of the implementation
plan of port works under the provisions of Article 10 (2) or
the permit for using the port facilities under the provisions of Article
32 (1):
1. If it is necessary for change of situation of a port or for public interest such as
the efficient management and operation of
a port;
2. If national emergency such as war or natural disaster is happened; and
3. If a serious obstacle to the operation of port due to the accumulation of freight
within the port is happened or is likely to
happen.
Article 65 (Disposition to Mayor/Do Governor)
When any one of the following subparagraphs occurs, the Minister of Land,
Transport and Maritime Affairs may cancel or alter the
disposition done by
Mayor/Do governor as the Management Agency, or may order suspension,
alteration or other necessary measures
for port works permitted by the Mayor/Do
governor as the Management Agency: 1. Where a disposition taken or the port works executed by the Management
Agency who is the Mayor/Do governor has violated the Acts
and subordinate
statutes concerning ports or a disposition taken by a supervisory agency
pursuant thereto; and
2. Where it is necessary for preservation of a port.
Article 66 (Approval of Designation of Local Ports, etc.)
When intending to
do an action which falls under one of the following
subparagraphs, the Mayor/Do governor shall obtain an approval from the Minister
of Land, Transport and Maritime Affairs in accordance with the provisions of the
Presidential Decree. The same shall be applied
with regard to alteration, abolition
or cancellation thereof: 1. Designation of local ports;
2. Construction or remodeling of port facilities above a certain scale prescribed by
Presidential Decree; and
3. Establishment of a district as prescribed in Article 54 (2).
Article 67 (Report and Inspection)
(1) The Management Agency may instruct the person, who has obtained permit or
an approval or filed an registration under this Act
or an order pursuant to this Act
or subject to a municipal ordinance under this Act, to report any of the following
subparagraphs
or have public officials belonging to the agency enter the office,
business place, tugboats and other necessary places to inspect
the situation,
installations, articles and related documents concerning port works.
1. Where it is necessary for confirming the contents the permit of port works
granted under the provisions of Article 9 (2) or the
approval of the implementation
plan of port works under the provisions of Article 10 (2) or the self-checkup of the
facilities
and equipment under the provisions of Article 27 (1) or the permit for
using the port facilities under the provisions of Article
32 (1) or checking whether
the execution of the registration contents of the tug boat business under the
provisions of Article
34 (1)
2. Where a serious obstacle to the operation of port due to the national emergency
such as war or natural disaster is happened or
is likely to happen
3. Where it is necessary for the confirmation of the relevant data and site in order
to carry out the public works
(2) The provisions of Article 51 (2) and (4) and (5) shall apply mutatis mutandis to
the entry and inspection provided in paragraph
(1).
Article 68 (Handling of Long-Term Unclaimed Cargo)
(1) The Management Agency, in case that cargoes which have remained unclaimed
for not less than two months after they were cleared of customs formalities
(including domestic cargoes which have been stored
unclaimed for not less than
two months) under the Customs Act are deemed to hinder the management and
operation of port facilities,
shall notify the owners of such cargoes that they shall
claim such cargoes out of port facilities within one month as prescribed
by
Presidential Decree, and shall again urge the owners to claim such cargoes for a
fixed period of one month when the owners fail
to claim them within one month,
provided that the Management Agency, when it is unable to file a urgent notice due
to the ignorance
of whereabouts of the owners, shall put the fact on public notice as
prescribed by Presidential Decree.
(2) The Management Agency, if the owners fail to claim such cargoes out of port
facilities within the period given in the urge notice
and public notice, may sell them
off, scrap them or make them revert to the State or a local government as
prescribed by Presidential
Decree.
(3) The operator or rental contractor of port facilities may, in case that cargoes have
been stored unclaimed in port facilities
for not less than two months since they
were cleared of customs formalities under the Customs Act, hindering the
management of
port facilities, ask the Management Agency to take measures
pursuant to the provisions of paragraphs (1) and (2).
CHAPTER IX COMPENSATION
FOR LOSSES
Article 69 (Compensation for Losses Due to Public Service)
(1) Where a person has suffered losses caused by an action or a disposition
prescribed in Articles 51 (1) and 52, fair compensation for losses shall be made
respectively by the State, if the losses have
been caused by an action or a
disposition taken by the Minister of Land, Transport and Maritime Affairs, and by
the local government
concerned, if the losses have been caused by an action or a
disposition by the Mayor/Do governor.
(2) The Management Agency shall go into conference with the loss sufferer when it
compensates for losses under paragraph (1).
(3) When the Management Agency fails to reach an agreement mentioned in
paragraph (2), it shall pay an amount assessed by it to
the loss sufferer, provided
that if it is impossible to pay the above to the loss sufferer, the Management
Agency shall deposit
and notify the loss sufferer of this fact.
(4) A person who is not satisfied with the compensation mentioned in paragraph (3)
may
request adjudication of the case to the competent land expropriation
committee in accordance with the provisions of the Presidential
Decree within 30
days from the date of receipt of the compensation or notification of the deposit of
the compensation.
Article 70 (Compensation for Losses Due to Disposition for Public Interests)
(1) The provisions of Article 69 shall apply mutatis
mutandis to the losses caused
by a disposition prescribed in Article 64.
(2) The provisions of Article 69 shall apply mutatis mutandis to the losses caused
by the cancellation or alteration of a disposition
by the Management Agency who
is the Mayor/Do governor due to a disposition or the order of the Minister of Land,
Transport and
Maritime Affairs pursuant to Article 65.
(3) Deleted.
Article 72 (Relation, etc. with Other National Projects)
(1) When the State or local government intends to carry out a project concerning
matters which require permit from the Management Agency under this Act, the
administrative agency which executes the project shall
go into conference with the
Management Agency or obtain approval thereof under the conditions as
determined by Presidential Decree.
(2) When the State or the local government intends, within the port area, to
formulate a basic plan of reclamation under the Public
Waters Reclamation Act, or
designate the facility protection district (limited to those for the protection of port
facilities)
under the provisions of the National Land Planning and Utilization Act,
or designate the industrial complex under the provisions
of the Industrial Sites and
Development Act, he shall go into conference with the Management Agency in
advance.
(3) The head of a government agency concerned, when he intends to establish a
mining right, etc. or to take a disposition under
the provisions of the Mining
Industry Act, the Fisheries Act, the Public Waters Management Act, and other Acts
and subordinate
statutes within the port area or other area planned to be developed
as a port pursuant to the provisions of the subparagraph (4)
of Article 6 (1), shall
consult in advance with the Management Agency.
Article 73 (Hearing)
Where the Management Agency intends to take a disposition falling under any of
the following subparagraphs, it shall hold a hearing:
1. The revocation of the designation under the provisions of Article 30 (5);
2. Revocation of registration referred to in Article 36; and
3. Revocation of approval for an implementation plan, of permission for the use of
port facilities, or of permission for occupation
referred to in Article 63 or 64.
Article 74 (Transfer of Rights and Obligations)
Any person who intends to transfer his rights and obligation shall obtain approval
from the Management Agency as prescribed by Ordinance
of the Ministry of Land,
Transport and Maritime Affairs, provided that the same shall not apply to the case
prescribed by Presidential
Decree.
(1) If it is necessary for the management and guardsecurity of port facilities, the
Minister of Land, Transport and Maritime Affairs
may establish a corporation for
the management of ports (hereinafter referred to as the "port management
corporation").
(2) The necessary matters concerning the designation and supervision of the
corporation under paragraph (1) shall be prescribed
by Presidential Decree.
(3) The provisions for the corporate juridical person in the Civil Act shall apply
mutatis mutandis to
the port management corporation unless otherwise specified
hereunder.
(3) The Minister of Land, Transport and Maritime Affairs may, where an
agreement or a decision is not made at the Tugboat Operators
Consultative
Council, adjust them or request to preconsult them.
Article 77 (Organization and Operation of Port Logistics Integrated
Information System)
(1) The Management Agency may, where necessary for the information
management and civil affairs administration, etc. related to
the operation of ports,
organize and operate the port logistics integrated information system.
(2) Where the Management Agency or the user of port logistics integrated
information system has processed the civil administration
affairs such as report,
approval, permission, delivery and notice, etc. and any works related to port
logistics under this Act
by using the port logistics integrated information system as
prescribed by Presidential Decree, they shall be considered to have
been processed
under the provisions of this Act.
Article 77-2 (OrganizationOperation of Port Logistics Integrated
Information System)
(1) The Management Agency may, where necessary for the information
management and civil affairs administration, etc. related to
the construction, and
maintenance and control of ports, organize and operate the port logistics
integrated information system.
(2) Where the Management Agency or the user of port logistics integrated
information system has processed the civil administration
affairs such as report,
approval, permission, delivery and notice under this Act and any works related to
port construction by
using the port logistics integrated information system as
prescribed by Presidential Decree such as the use of standard electronic
document etc., they shall be considered to have been processed under the
provisions of this Act.
(3) Matters necessary for the organization, operation of the port logistics
integrated information system and the designation of
a dedicated organization
shall be prescribed by Presidential Decree.
Article 77-3 (Establishment of Ports&Harbors Association)
(1) The interested persons of port construction may, where necessary for
the sound
development of port construction business including the joint use promotion etc. of
the investigationresearch and technology
development of port construction and
the information related to the port construction, establish a ports & harbors
association
(hereinafter referred to as the "ports & harbors association") after
obtaining the approval of the Minister of Land, Transport and
Maritime Affairs.
(2) The association shall be made as a legal person.
(3) The association shall perform the following business.
(4) The articles
of association shall be approved by the Minister of Land, Transport
and Maritime Affairs, and the recording items and operation
of the articles of
association shall be prescribed by Presidential Decree.
(5) The Minister of Land, Transport and Maritime Affairs may, where necessary for
the supervision of the association, instruct the
association to report the items or to
submit the data related to the business of the association, and have public officials
belonging
to the Ministry enter the office, business place and other necessary
places to inspect the account book and documents or other matters
concerning port
works or to ask the relevant persons inquiries.
(6) Any public officials who intends to enterinspect or ask inquiries pursuant to
the provisions of paragraph (5) shall carry with
him a certificate identifying his
authority, and shall present it to the persons concerned.
(7) The provisions for the corporate
juridical person in the Civil Law shall apply
mutatis mutandis to the ports & harbors association unless otherwise specified
hereunder.
Article 78 (DelegationEntrust of Authority)
(1) The Minister of Land, Transport and Maritime Affairs may delegate a part of
the authority under this Act to the Administrator
of a Regional Land, Transport and
Maritime Affairs Office or the Mayor/Do governor in accordance with the
provisions of the Presidential
Decree.
(2) The Minister of Land, Transport and Maritime Affairs may entrust a part of the
authority under this Act to an association or
the port corporation under the Port
Corporation Act in accordance with the provisions of the Presidential Decree.
Any person who wishes to obtain permit or to resister or report under the
provisions of this Act shall pay such fees as prescribed
by Ordinance of the
Ministry of Land, Transport and Maritime Affairs.
Article 80 (Exemption of Taxes)
The State or local government may exempt the taxes under the conditions as
determined by the Restriction of Special Taxation Act
or the Local Tax Act in order
to promote the port works by the Non-Management Agency.
CHAPTER XI PENAL PROVISIONS
Article 81 (Penal Provisions)
Any person who reduces the utility of a port or causes danger to the entry and
departure of vessels by altering or damaging the
structure or location of the port
facilities shall be punished by imprisonment for not more than five years or a fine
not exceeding
ten million won.
Article 82 (Penal Provisions)
Any person who falls under one of the following subparagraphs shall be punished
by imprisonment for not more than two years or a
fine not exceeding ten million
won.
1. A person who has executed port works without permit under the provisions of
Article 9 (2);
2. A person who has obtained permit or registered under Articles 9 (2), 32 (1), 34
(1) and 43 (1) by deception or other unjust means;
3. A person who has used the port facilities without permit under Article 32 (1);
4. A person who has engaged in tug boat business without permit under Article 34
(1);
5. A person who has committed the forbidden behaviors in a port under Article 50;
and
6. A person who has refused or interfered with an action or a disposition of the
Management Agency prescribed in Article 52 without
justifiable cause.
Article 83 (Penal Provisions)
Any person falling under each of the following subparagraphs shall be punished by
imprisonment with prison labor for not more than
one year or by a fine not
exceeding five million won: 1. A person who has executed a port work without obtaining permission for or
filing a report on the port work implementation plan
under Article 10 (2) or (4);
2. A person who has used land created or facilities installed by a port work
without obtaining permission or filing a report in contravention
of the
provisions of Article 13 (4);
3. A person who refuses to carry out the tug boat business without justifiable
reasons in violation of Article 39;
4. A person who violates the duty to use the tugboats or uses the tugboats which
fall short of the standards for use of tugboats
referred to in Article 40 (1) and
(2);
5. A person who violates the supervisory dispositions or orders for public interests
referred to in Articles 59 and 60;
6. A person to reject or hinder or avoid the entry and inspection of public officials
pursuant to the paragraph (5) of Article 77-3
without any justifiable reasons.
7. A person who makes a false report or submits a false data or makes a false
answer to inquiries with respect to the request pursuant
to the paragraph (5) of
Article 77-3.
Article 84 (Joint Penal Provisions)
(1) If a representative of a corporation or an agent or other employee of a
corporation commits an offense as prescribed in Articles
81 through 83 with
respect to any business of the corporation, the fine as prescribed in respective
Articles shall also be imposed
on such corporations in addition to punishment of
the offender.
(2) If a representative of an individual or an agent or other employee of an
individual commits an offense as prescribed in Articles
81 through 83 with respect
to any business of the individual, the fine as prescribed in respective Articles shall
also be imposed
on such individual in addition to punishment of the offender.
Article 85 (Fine for Negligence)
(1) Any person falling under any of the following subparagraphs shall be punished
by a fine for negligence not exceeding two million
won.
1. A person who has failed to file a report under the provisions of Article 26 (1);
2. A person who has failed to conduct his self-checkup under the provisions of
Article 27 (1) or to take promptly necessary measures
for the facilities and
equipment which are found be to require maintenance and repairs as a result of
such self-checkup;
3. A person who has failed to make and keep records with respect to the self-
checkup under the provisions of Article 27 (2);
4. A person who has failed to undergo the tests under the provisions of Article 28
(1);
5. A person who has refused or hindered without any justifiable reasons any act
performed by any person who has obtained permission
from a port work or the
Management Agency under the provisions of Article 51 (1) (including any
person delegated by the Management
Agency); and
6. A person who has filed a false report, rejected, hindered or avoided an
inspection under the provisions of Article 67 (1).
7. A person not to make any report or submit any data or to reject any inquiries
pursuant to Article 77 (3)5 without any justifiable
reasons.
(2) The fine for negligence referred to in paragraph (1) shall be imposed and
collected by the Minister of Land, Transport
and Maritime Affairs under the
conditions as prescribed by Presidential Decree.
(3) A person who is dissatisfied with the disposition of the fine for negligence
referred to in paragraph (2) shall make an objection
with the Minister of Land,
Transport and Maritime Affairs within 30 days from the date of receipt of notice of
the disposition.
(5) Where no objection is made or no fine for negligence is paid within the period
specified under paragraph (3), it shall be collected
by the examples of the
disposition on default of national taxes in arrears.
ADDENDA
Article 1 (Enforcement Date)
Article 2 (Transitional Measures)
The approval, permit, report, authorization and supervisory disposition, etc. conducted
in accordance with the previous provisions
at the time of enforcement of this Act shall
be considered to be conducted in accordance with this Act.
ADDENDA
Article 1 (Enforcement Date)
Articles 2 through 8 Omitted.
Article 1 (Enforcement Date)
Articles 2 through 6 Omitted.
Article 1 (Enforcement Date)
Articles 2 through 4 Omitted.
Article 1 (Enforcement Date)
Article 2 (Transitional Measures on Permission, etc. of tug boat business)
The tug boat businessmen who have been granted the permission
pursuant to the
previous provisions at the time of entry into force of this Act (herein after referred to as
the "previous tug
boat businessmen") shall be deemed to have registered for the tug boat
business under the amended provisions of Article 29. In this
case, the previous tug boat
businessmen who fall short of the standards for registration referred to in the amended
provisions
of Article 29 (2) shall be brought into conformity with such amended
provisions within two years from the date of entry into force
of this Act, and the
previous tug boat businessmen who fall short of the standards for registration referred to
in the amended
provisions of Article 31-2shall be brought into conformity with such
amended provisions within three years from the date of entry
into force of this Act,
respectively.
Article 4 (Transitional Measures on Penal Provisions)
The application of the penal provisions to the acts prior to entry into force
of this Act
shall be governed by the previous provisions.
Article 1 (Enforcement Date)
Articles 2 through 7 Omitted.
Article 1 (Enforcement Date)
Article 2 Omitted.
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA
Article 1 (Enforcement Date)
Article 2 (Application Example of Commencement and Completion Date of port Work)
The amended provisions of Article 10-2shall apply
starting with the port work
implementation plan for which approval is granted or a report is filed for the first time
after the
enforcement of this Act.
Article 4 (Application Example of Earthquake-Proof Design)
The amended provisions of Article 26 (2) shall apply starting with a
port work for which
the port work implementation plan is formulated or altered for the first time after the
enforcement of this
Act.
Article 6 (Transitional Measures concerning Approval for port Work Implementation
Plan)
A person who is under an obligation to file a report under the amended provisions of
Article 10(3) from among persons who have their
port work implementation plans
approved or reported under the previous provisions at the time of enforcing this Act
shall be deemed
to file a report under the amended provisions of the same Article and
same paragraph.
Article 8 (Transitional Measures concerning Penal Provisions)
The application of the penal provisions to any act performed prior
to the enforcement of
this Act shall be dealt with according to the previous provisions.
(1) (Enforcement Date) This Act shall
enter into force six months after the date of its
promulgation.
(2) through (4) Omitted.
ADDENDA
Article 1 (Enforcement Date)
Articles 2 through 4 Omitted.
Article 1 (Enforcement Date)
Articles 2 through 6 Omitted.
Article 1 (Enforcement Date)
Articles 2 through 8 Omitted.
Article 1 (Enforcement Date)
Articles 2 through 5 Omitted.
Article 1 (Enforcement Date)
Article 2 (Transitional Measures concerning Installation, Removal and Report, etc. of
Facilities and Equipment)
(1) Any person who files a report with respect to the installation or the removal of the
facilities and equipment in accordance
with the previous public notice of the Ministry of
Land, Transport, and Maritime Affairs at the time that this Act is enforced shall
be
deemed to file such report in accordance with the amended provisions of Article 25.
This Act shall enter into force six months
after the date of its promulgation, provided
that the amended provisions of subparagraphs 6 (b) and 8 of Article 2shall enter into
force on the enforcement date of the amended provisions of Article 2 of Act No. 6487,
the amended Act of the port Act.
Article 1 (Enforcement Date)
Articles 2 and 3 Omitted.
This Act shall enter into force six months after the date of its promulgation, provided
that the amended provisions of Article 2
shall enter into force on the date of its
promulgation.
ADDENDA
Article 1 (Enforcement Date)
Articles 2 through 12 Omitted.
Article 1 (Enforcement Date)
Articles 2 through 12 Omitted.
Article 1 (Enforcement Date)
Articles 2 through 6 Omitted.
ADDENDA(Urban Traffic Readjustment Promotion Act)
Article 1 (Enforcement Date)
Articles 2 through 9 Omitted.
Article 10 (Amendment of Other Laws and Regulations)
(1) Through <22> omitted.
<23> Some parts of port Act are amended as follows.
"the consultation contents pursuant to Articles 17 through 28 of Act on Assessment
of
Impacts of Works on Environment, Traffic, Disasters, etc." in Article 10 (3) 3 shall be
amended to read "the improvement required
items pursuant to Article 16 (4) of the
Urban Traffic Readjustment Promotion Act".
Article 11 Omitted.
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