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PORT TRANSPORT BUSINESS ACT

PORT TRANSPORT BUSINESS ACT

Act No. 1404, Sep. 19, 1963

Amended by Act No. 2875, Dec. 31, 1975

Act No. 3011, Dec. 16, 1977

Act No. 3714, Dec. 31, 1983

Act No. 4358, Mar. 8,1991

Act No. 4573, Aug. 5,1993

Act No. 4925, Jan. 5,1995

Act No. 5335, Apr. 10, 1997

Act No. 5453, Dec. 13, 1997

Act No. 5454, Dec. 13, 1997

Act No. 5919, Feb. 8,1999

Act No. 6305, Dec. 29, 2000

Act No. 6627, Jan. 26, 2002

Act No. 6890, May 27, 2003

Act No. 7428, Mar. 31, 2005

Act No. 8379, Apr. 11, 2007

Act

Act

Act

No.

No.

No

8852,

8981,

9732,

Feb

Mar

May

29,

21,

27,

2008

2008

2009

CHAPTER I GENERAL PROVISIONS 9732, May 27, 2009>

Article 1 (Purpose)

The purpose of this Act is to establish the order on port transport and to promote the public welfare through the sound development of the port transport business. [This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 2 (Definitions)

(1) In this Act, the term "port transport" means any act which is conducted to meet another person's needs, and which falls under any of the following subparagraphs:

1. Accepting the cargo transported by ship from the ship or delivering it to the shipper in a port, on the commission of the shipper or the operator of a ship.

2. Accepting the cargo to be transported by ship from the shipper or delivering it to the ship in a port, on the commission of the shipper or the operator of a ship.

3. Acting to connect from (4) to (13) as one by being ahead of or succeed to the conduct of (1) or (2)

4. Loading or unloading cargo on the ship in a port;

5. Transporting the cargo by ship or barge in a port, transporting the cargo by barge or sailing boat between the port and a place other than the port as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (hereinafter, referred to as the "designated section") and towing a barge or a log raft by tugboat in the port or the designated section. Provided that the transport belonging to one of the below items shall not be applied. . Transporting by a maritime cargo transport businessman in accordance with the Marine Transport Act

. Transporting of the cargo accompanied by the transport of passengers by a maritime passenger transport businessman's passenger ship in accordance with the Marine Transport Act

. Transporting as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs

6. Work that a person put the cargo that is transported by ship or barge to a warehouse or a stevedoring place (excluding a timber yard on the surface of the water; hereinafter the same shall apply)

7. Work that a person takes away the cargo that will be transported by ship or barge in a stevedoring place

8. Work that a person load, unload or keep the cargo in accordance with above item 6 and 7 in a stevedoring place

9. Work that a person load the cargo in accordance with above item 6 and 7 in a barge or unload it from a barge

10. Work wherein a person transport the timbers by making a raft in the port or the designated section

11. Work that a person put the timbers transported after making a raft in a port into a timber yard on the surface of water or put the timbers transported by ship or barge into a timber yard on the surface of water

12. Work that a person take away the timbers to be transported after making a raft in a port from a timber yard on the surface of water or take away the timbers to be transported by ship or barge from a timber yard on the surface of water

13. Work wherein a person loads, unloads or keeps the timbers in accordance with item 11 or 12 to a timber yard on the surface of water in a port

14. Work to cover calculating the number of shipping cargo or certifying delivery or acceptance, (hereinafter referred to as the "tallying"), at the time of loading or unloading a shipment

15. Work to cover certifying, investigating, and appraising, (hereinafter referred to as the "surveying"), with regard to shipment and boats, (including barges)

16. Work to cover calculating and certifying the measurement of capacity or weight of the shipping cargo at the time of loading or unloading, (hereinafter referred to as the "measuring")

(2) The term "port transport business" in this Act refers to port transport regardless of whether or not it is intended to be profitable; (3) The term "port" in this Act means the port that falls under any of the following subparagraphs:

1. Designated ports, (including port facilities), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs as referred to in subparagraph 2 of Article 2 of the Port Act;

2. Designated ports, (including port facilities), decided the water zone as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs other than the designated port referred to in subparagraph 2 of Article 2 of the Port Act; and

3. Port facilities designated and publicly notified by the Minister of Land, Transport and Maritime Affairs pursuant to subparagraph 6 of Article 2 of the Port Act.

(4) The term "port transport-related service" in this Act means a port service business which offers commodity or labor to a ship in a port, ship's supply services, ship's bunkering services, and container repair services, and of which contents by category shall be prescribed by Presidential Decree. (5) The term "tallyman" in this Act means a person who is engaged in the inspection of the commodities numbers as an occupation, the term "surveyor" in this Act means a person who is engaged in the expert surveying as an occupation, and the term "measurer" in this Act means a person who is engaged in the measurement of the quantity of commodities as an occupation. [This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 3 (Types of Business)

The port transport business shall be classified by the following four kinds of businesses:

1. The port stevedore business, (the business that a person works in pursuant to Article 2 (1) 1 through 13);

2. The tallying business, (the business that a person works in pursuant to Article 2 (1) 14);

3. The surveyor business, (the business that a person works in pursuant to Article 2 (1) 15); and

4. The measuring business (the business that a person works in pursuant to Article 2 (1) 16);

[This Article Wholly Amended by Act No. 9732, May 27, 2009] CHAPTER II PORT TRANSPORT BUSINESS Act No. 9732, May 27, 2009>

Article 4 (Registration of Business)

(1) A person who wants to administer a port transport business shall register it with the Minister of Land, Transport and Maritime Affairs by kinds of business as referred to in Article 3.

(2) The port stevedore business as referred to in subparagraph 1 of Article 3 and the tallying business as referred to in subparagraph 2 of the same Article shall be registered by the port.

(3) The registration of the port stevedore business as referred to in subparagraph 1 of Article 3 shall be classified the limited stevedore business which is registered by the user and the treated cargo, or by port facilities as referred to in subparagraph 6 of Article 2 of the Port Act, and other general stevedore businesses. [This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 5 (Application for Registration)

(1) A person who intends to apply for the registration of a port transport business shall submit a registration application with a project plan to the Minister of Land, Transport and Maritime Affairs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. (2) Where the Minister of Land, Transport and Maritime Affairs has received an application for registration as referred to in paragraph (1), if it is deemed that such an application meets the requirements for registration, such as the project plan and registration criteria as prescribed in Article 6, he/she shall deliver a registration certificate under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 6 (Criteria for Registration)

The criteria for facilities, capital, labor, etc., required for the registration as referred to in Article 4 shall be prescribed by Presidential Decree, provided that for the limited stevedore business as prescribed in Article 4 (3), the Minister of Land, Transport and Maritime Affairs may lighten the criteria for such a registration after taking into consideration users, handling cargo, or the special quality of port facilities.

[This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 7 (Qualification and Registration of Tallyman, etc.) (1) A person who wants to be a tallyman, surveyor, or measurer, (hereinafter referred to as the "tallyman, etc."), shall pass the examination for qualification to be held by the Minister of Land, Transport and Maritime Affairs and register it with the Minister of Land, Transport and Maritime Affairs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. (2) Matters necessary for the qualifications for applying for, subjects, methods, etc. of, the examination for qualification as referred to in paragraph (1) shall be determined by Presidential Decree.

[This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 8 Deleted. Article 9 (Cancellation of Registration)

The Administrator of the Regional Maritime Affairs and Port Office shall cancel the registration of a tallyman, etc., where he/she falls under any of the following subparagraphs:

1. Where he/she closes down the business;

2. Where he/she dies; and [This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 10 (Transport Fare and Tariff)

(1) A person who has completed registration for a port stevedore business shall determine transport fare and tariff under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and obtain approval from the Minister of Land, Transport and Maritime Affairs. Where he/she intends to change of it, the same shall be applied.

(2) With regard to the transport fare and tariff of cargo which is loaded and unloaded in port facilities as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs or of items determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, they shall be determined under conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, notwithstanding the provisions of paragraph (1), and shall be reported to the Minister of Land, Transport and Maritime Affairs. Where he/she intends to change of it, the same shall be applied. (3) A person who has registered for the business of tallying, survey, or measuring, (hereinafter referred to as the "tallying business, etc."), shall designate a transport tariff under conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and shall make, in advance, a report thereof to the Minister of Land, Transport and Maritime Affairs. Where he/she intends to change of it, the same shall be applied.

(4) Where the Minister of Land, Transport and Maritime Affairs deems it necessary for the sound development of the port transport business and the promotion of public welfare, he may give orders to take necessary measures for the change or adjustment of fare and tariff which is reported as referred to in paragraph (2) or (3) [This Article Wholly Amended by Act No. 9732, May 27, 2009] Articles 11 through 22 Deleted. Article 23 (Succession to Rights and Duties)

(1) When a person who has registered the port transport business as referred to in Article 4, (hereinafter, referred to as "port transport businessman"), related with one of below items succeeds the rights and duties in accordance with the registration of it.

1. When a port transport businessman is dead, the successor

2. When a port transport businessman transfers its business, the assignee

3. When a port transport businessman which is a corporation merges its business, the corporation which is established the remaining corporation or a merge after the merger

(2) When a person who takes over the all facilities and equipments of port transport business in accordance with the procedure related with one of below items succeeds the rights and duties of the former port transport businessman.

1. Auction as referred in the Civil Execution Act

2. Realization as referred in the Debtor Rehabilitation and Bankruptcy Act

3. Disposal of seized property as referred in the National Tax Collection Act, Customs ActorLocal Tax Act

4. Other equivalent procedures in accordance with the provisions from item 1 to 3 [This Article Wholly Amended by Act No. 9732, May 27, 2009] Articles 24 and 25 Deleted. Article 26 (Suspension of Business and Revocation of Registration) (1) The Minister of Land, Transport and Maritime Affairs may revoke the registration of a port transport business concerned, or order the suspension of a port transport business concerned for a period not exceeding six months fixed where a port transport businessman falls under any of the following subparagraphs, provided that the Minister of Land, Transport and Maritime Affairs shall revoke the registration of it where falling under item 5 or 6:

1. When a port transport businessman receives different fares and tariffs from those approved or reported, without justifiable reasons;

2. When a port transport businessman fails to reach the criteria for registration as referred to in Article 6;

3. When a port transport businessman or a representative thereof has been prosecuted or received a notified disposition after committing a crime as prescribed in Articles 269 through 271 of the Customs Act;

4. When there is no actual business record for not less than one year

5. When a port transport businessman has completed the registration for business by way of illegal methods; and;

6. When a port transport businessman keeps on with its work during the suspension period of a business due to the violation of the order of business suspension

(2) The criteria, procedures, and other necessary matters for the disposition as referred to in paragraph (1) shall be determined by Presidential Decree. [This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 26-2 Deleted. CHAPTER II-2 PORT TRANSPORT-RELATED SERVICES

Article 26-3 (Registration of Service)

(1) A person who desires to operate the port transport-related services shall, under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, have to make a registration with the Administrator of the Regional Maritime Affairs and Port Office by ports and by categories of business, provided that a person who desires to conduct a ship's supply service shall report to the Administrator of the Regional Maritime Affairs and Port Office who has jurisdiction over the place in which his/her head office or main office is located, and his/her business zone shall be limited to the port areas as referred to in Article 2 (3) 1 and 2.

(2) The standards for the capital, facilities, equipment, etc. that may be necessary for registration and reporting as referred to in paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 26-4 (Succession to Rights and Duties)

When a person who has completed the registration or report for service related to port transport-related, (hereinafter, referred to as "port transport-related service supplier"), related with one of below items succeeds the rights and duties in accordance with the registration or report of it.

1. When a transport-related service supplier is dead, the successor

2. When a transport-related service supplier transfers its business, the assignee

3. When a transport-related service supplier which is a corporation merges, the corporation which is established by the remaining corporation or a merge after the merger

[This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 26-5 (Revocation, etc. of Registration)

(1) Where a port transport-related service supplier falls under any of the following items, the Administrator of the Regional Maritime Affairs and Port Office may order the revocation of registration or the closure of the service concerned, or suspension of all or any part of the service concerned for a period not exceeding six months fixed, provided that where the port transport-related service supplier falls under item 3 or 5, the Administrator of the Regional Maritime Affairs and Port Office shall order the revocation of registration or the closure of the service concerned:

1. When a port transport-related service supplier falls under Article 26 (1) 3;

2. When a port transport-related service supplier fails to reach the criteria for registration or reporting as referred to in Article 26-3 (2);

3. When a port transport-related service supplier makes a registration or report by way of illegal methods; and

4. When there is no actual business record for not less than one year

5. When a port transport-related service supplier keeps on with its work during the suspension period of a service due to the violation of the order of service suspension

(2) The criteria, procedures, and other necessary matters for the disposition as referred to in paragraph (1) shall be determined by Presidential Decree. [This Article Wholly Amended by Act No. 9732, May 27, 2009] CHAPTER II-3 Deleted.

Articles 26-6 and 26-7 Deleted. CHAPTER III SUPPLEMENTARY PROVISIONS

Article 27 Deleted. Article 27-2 (Temporary Business in a Not Registered Port) (1) Where a port transport businessman or a port transport-related service supplier intends to temporarily conduct his/her business in a port in which he/she has not registered, for such inevitable reasons as prescribed by Presidential Decree, he/she shall make a report, in advance, to the Administrator of the Regional Maritime Affairs and Port Office having jurisdiction over that port. (2) Necessary matters concerning the necessary conditions for reporting, procedures for reporting, and matters to be observed by a reporter, etc. according to special characters by business classifications of temporary business pursuant to paragraph (1) of this Article shall be prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 27-3 (Establishment, etc. of an Education and Training Institution) (1) There may, under the conditions as prescribed by Presidential Decree, be established an education and training institution designed to provide education and training on port transport services and port safety to those who are employed by, or providing services to, a port transport businessman or a port transport-related service supplier.

(2) The education and training institution shall be a juristic person. (3) The legal existence of an education and training institution shall begin by received an approval of establishment of the Minister of Land, Transport and Maritime Affairs, the registration of establishment in the place where its main office is located.

(4) Necessary matters concerning candidates for education and training, education and training courses, contents of education and training, etc. shall be determined by Presidential Decree.

(5) Expenses required for the administration of the education and training institution shall, under the conditions as prescribed by Presidential Decree, be borne by the port transport businessman or the port transport-related service suppliers and those who receive the education and training. (6) Except as provided in this Act, the provisions concerning the incorporation as referred to in the Civil Act shall apply to the education and training institution. (7) Necessary matters concerning the administration, articles of incorporation, supervision, etc. of the education and training institution shall be determined by Presidential Decree.

[This Article Wholly Amended by Act No. 9732, May 27, 2009] Articles 27-4 and 27-5 Deleted. Article 27-6 (Penalty Surcharge)

(1) Where a port transport businessman or a port transport-related service supplier falls under any subparagraph of Article 26 (1) or 26-5 (1) and receives, from the Minister of Land, Transport and Maritime Affairs order on business suspension which is regarded as a case to cause a user, etc. for business concerned severe inconvenience or do harm to the public interest, the Minister of Land, Transport and Maritime Affairs may collect any penalty surcharge not exceeding five million won in place of such disposition.

(2) An amount of penalty surcharge according to kinds and extents of violating activities for which a penalty surcharge is levied pursuant to paragraph (1) of this Article and other necessary matters shall be prescribed by Presidential Decree. (3) The Minister of Land, Transport and Maritime Affairs, in case where a person who shall pay a penalty surcharge pursuant to paragraph (1) of this Article fails to pay it within a payable period, shall collect it according to an example of disposition of national tax in arrears.

[This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 28 (Fees)

Any person who applies for the registration or makes a report as referred to in Article 4, 7 or 26-3 shall pay the fees under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. [This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 29 (Delegation and Entrust of Authority, etc.) (1) Part of the authorities of the Minister of Land, Transport and Maritime Affairs or the Administrator of Regional Maritime Affairs and Port Office under this Act may be delegated to the Administrator of Regional Maritime Affairs and Port Office or a Special Metropolitan City Mayor a Mayor of a Metropolitan City a Provincial Governor the Governor of Special Self-governing Province under conditions as prescribed by Presidential Decree.

(2) Part of the affairs of the Minister of Land, Transport and Maritime Affairs under this Act may be entrusted to a businessman organization or a corporation which falls under any of the following items as prescribed by Presidential Decree.

1. A Businessman Organization

2. A Corporation established for the purpose of the sound development of a Tallying business, etc.

3. A Corporation established for the purpose of qualification examination, etc. (3) The Agency which performing the entrusted Affairs in paragraph (2) shall make a report for the entrustment Affairs to the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 29-2 (Electronic Processing for Public Affairs Administration) With respect to electronic processing for public affairs administration as referred to in this Act, the provisions of Article 77 of the Port Act shall apply mutatis mutandis.

[This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 29-3 (Hearing)

Where the Minister of Land, Transport and Maritime Affairs desires to make a disposition falling under any of the following subparagraphs, he/she shall hold a hearing:

1. Revocation of registration under Article 26; and

2. Revocation of registration under Article 26-5 (1). [This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 29-4 (Legal Fiction as Public Official in Application of Penal Provisions) Officers and employees of a businessmen organization or a corporation being engaged in affairs which are entrusted pursuant to Article 29 (2) shall be regarded as public officials in applying Articles 129 through 132 of the Criminal Act. [This Article Wholly Amended by Act No. 9732, May 27, 2009] CHAPTER IV PENAL PROVISIONS 9732, May 27, 2009>

Article 30 (Penal Provisions)

A person who falls under any of the following items shall be punished by imprisonment for not more than one year or a fine not exceeding ten million won:

1. A person who has managed the port transport business without making the registration as referred to in Article 4 (1);

2. A person who has managed the port transport-related service without making the registration or report as referred to in Article 26-3 (1); and [This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 31 (Penal Provisions)

A person who falls under any of the following items shall be punished by a fine not exceeding five million won:

1. A person who has conducted the port transport business or the port transport- related service in violation of the matters registered or reported pursuant to Article 4 or 26-3;

2. A person who has carried out temporary business operations without making a report pursuant to Article 27-2.

[This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 32 (Penal Provisions)

A person who falls under any of the following items shall be punished by a fine not exceeding three million won:

1. A person who has been engaged in the tallying, survey, or measuring without registration as referred to in Article 7;

2. A person who has not obtained an approval or approval for alteration, or has not made a report or report for alteration, or has made a false report in violation of the provisions of Article 10 (1) through (3);

3. A person who has violated the disposition of suspension for the operation or business as referred to in Article 26 or 26-5; and [This Article Wholly Amended by Act No. 9732, May 27, 2009] Article 33 (Joint Penal Provisions)

In case where the representative of a juristic person, the agent of either the juristic person or an individual, and/or an employee or other worker infringes Articles 30 through 32 concerning the affairs of the juristic person and/or the individual, not only the doer but the juristic person and/or the individual shall be fined under each of the same Article, provided that, in the event that the juristic person or the individual does not neglect to pay careful attention to or supervise such concerned affairs in order to prevent the violation thereof, the same shall not apply thereto. provided that, where a corporation or an individual keeps his/her eye on remarkable caution and inspection about the duties in order to prevent the violation, it shall not be applied.

. Article 34 Deleted. Article 35 Deleted. ADDENDA

(1) (Enforcement date) This Act shall enter into force on the date of its promulgation. (2) (Transitional Measures) Any person who has managed the port stevedore business with obtaining the permission from the maritime transport office at the time of enforcement of this Act shall be regarded as obtained the permission under this Act, provided that a person who is not suitable to the criterion as referred to in Article 6 shall be revoked the permission in case where he/she is no longer does not fix it to be suitable for the criterion as referred to in this Act within six months from the enforcement date of this Act.

(3) (Transitional Measures) The person who has managed checkers shall obtain the license as referred to in this Act within three months from the enforcement date of this Act, provided that he/she can manage the checkers according to the previous case until he/she obtains the license.

(4) (Transitional Measures) The tallyman, etc. for commodities numbers who had obtained registration from the maritime transport office at the enforcement date of this Act shall be regarded as obtained the registration under this Act. (5) (Transitional Measures) The fares, tariffs, and port transport standard contractual terms and conditions shall give and receive or enforced according to the previous case in the limitation of three months from the enforcement date of this Act. ADDENDA

(1) (Enforcement Date) This Act shall enter into force thirty days after the date of its promulgation.

(2) (Transitional Measures) The person who has obtained the permission of the business in the port business under Article 37 of the Public Order in Open Ports Act at the time of enforcement of this Act shall be regarded as obtained the permission of port transport incidental business under this Act. ADDENDA

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) through (5) Omitted.

ADDENDA

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.

(2) (Transitional Measures Concerning Previous Port Transport Incidental Business) The person who has obtained the permission of the port transport incidental business under the previous Act before the time of enforcement of this Act shall be regarded as obtained the permission or registered the registration under the amended provisions of Article 26-3.

(3) (Transitional Measures Concerning Registration of Overseas Port Businesses) The person who has carried out the overseas port business before the enforcement of this Act shall complete the registration with the Administrator of the Maritime and Port Administration within 30 days from the enforcement date of this Act pursuant to the amended provisions of Article 26-6.

(4) (Transitional Measures Concerning Penal Provisions) The application of the penal provisions to actions done before the enforcement of this Act shall be subject to the previous provisions.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation. Articles 2 and 3 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1994. Articles 2 through 8 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. Articles 2 through 4 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures Concerning Tallyman, etc.) A person who has completed the registration of a tallyman, etc. pursuant to Article 7 at the time when this Act enters into force shall be considered respectively as having completed the registration as a tallyman, etc. pursuant to this Act. Article 3 (Transitional Measures Concerning Licenses and Permission, etc.) A person who has obtained the license for the port transport business and the permission for the port transport incidental business or has completed the registration for the port transport business or for the port transport incidental business at the time when this Act enters into force shall be considered respectively as having completed the registration for the port transport business or for the port transport incidental business pursuant to this Act. Article 4 (Transitional Measures Concerning the Korea Port Transport Association)

(1) The Korea Port Transport Association existing at the time when this Act enters into force may make an application for approval to the Minister of Maritime Affairs and Fisheries so that the Association which will be established pursuant to this Act may succeed to all rights and duties of the Korea Port Transport Association by resolution of the general meeting thereof.

(2) The Korea Port Transport Association, when obtaining approval from the Minister of Maritime Affairs and Fisheries pursuant to paragraph (1) of this Article, shall be considered, notwithstanding the provisions of the Civil Act concerning dissolution and liquidation of a juristic person, as being dissolved at the same time as the establishment of the Association pursuant to this Act, and all rights and duties belonging to the Korea Port Transport Association shall be succeeded to by the Association which will be established pursuant to this Act. Article 5 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1998. (Proviso Omitted.) Article 2 Omitted.

ADDENDUM

This Act shall enter into force on January 1, 1998. (Proviso Omitted.) ADDENDA

(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.

(2) (Transitional Measures on Transport Fares and Tariffs) From among transport fares and tariffs approved under the previous provisions at the time of the entry into force of this Act, those of cargo which is loaded and unloaded in port facilities as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and of items determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall be deemed to be reported under the amendment to Article 10 (2). (3) (Transitional Measures on Persons Who have Registered Ship's Supply Services) A person who has registered the ship's supply services among port transport-related services at the time of the enforcement of this Act shall be deemed to have made a report under the amendment to Article 26-3 (1).

(4) (Transitional Measures on Penal Provisions) In applying the penal provisions to any act committed prior to the enforcement of this Act, the previous provisions shall apply.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2001. Articles 2 through 8 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2002.

Articles 2 through 7 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation, provided that the amended provisions of Article 27-3 shall enter into force three months after the date of its promulgation.

Article 2 (Transitional Measures with Respect to Persons Who Reported Ship's Supply Services)

Any person who has already reported a ship's supply service under the previous provisions at the time of the enforcement of this Act shall be deemed to have reported it in accordance with the amended provisions of Article 26-3 (1). Article 3 (Transitional Measures with Respect to the Korea Port Training Institute)

(1) The Korea Port Training Institute, which has already been in existence at the time of the enforcement of this Act, may, by the resolution of the general meeting of employees, request the Minister of Maritime Affairs and Fisheries to approve that all of its rights and obligations be succeeded by the education and training institution that shall be established under this Act. (2) Notwithstanding the provisions concerning the dissolution and liquidation of a corporation as referred to in the Civil Act, the Korea Port Training Institute shall, if the approval as provided in paragraph (1) is obtained from the Minister of Maritime Affairs and Fisheries, be deemed to have been dissolved at the same time that the education and training institution is established under this Act; then all rights and obligations belonging to the Korea Port Training Institute shall be succeeded by the education and training institution established under this Act. ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation. Articles 2 through 6 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 11 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. Articles 2 through 7 Omitted.

ADDENDA

This Act shall enter into force three months after the date of its promulgation. ADDENDA

This Act shall enter into force on the date of its promulgation.


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