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Water-related leisure activities safety act

제41편 해양 수상레저안전법

Act No. 7478, Mar. 31, 2005

Amended by Act No. 8016, Sep. 27, 2006

Act No. 8221, Jan. 3, 2007

Act No. 8344, Apr. 11, 2007

Act No. 8621, Aug. 3, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9068, Mar. 28, 2008

Act No. 9525, Mar. 25, 9

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to secure the safety and order of water-related leisure activities and to promote the sound development of water-related leisure business.

Article 2 (Definitions)

The definitions of term`s used in this Act are as follows:
1. The term “water-related leisure activities” means activities performed for hobbies, recreation, physical exercise or education, etc. using leisure
watercrafts on the water;
2. The term “rafting” means water-related activities performed by rowing leisure watercrafts without engine to navigate a valley or river, which
are usually done on rough water or white water;
3. The term “leisure watercraft” means a boat or craft used for water-related leisure activities, as prescribed by Presidential Decree;
4. The term “engine-powered leisure watercraft” means a leisure watercraft
to which a propelling engine is attached, or to and from which a propelling engine can be attached or detached at any time, as prescribed by
Presidential Decree;
5. The term “water-related” means the surface of seawater and inland waters;

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6. The term “surface of seawater” means the flow or surface of the sea;
7. The term “surface of inland waters” means the flow or surface of rivers, dams, lakes, marshes, reservoirs, and any other artificially created
freshwater or brackish water.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 3 (Exclusion from Application)

This Act shall not apply to the following cases:
1. To carry out excursion ship business and ferry business under the
Excursion Ship and Ferry Business Act and activities on the water
in relation thereto;
2. To carry out spots facilities business under the Installation and
Utilization of Sports Facilities Act and activities on the water in relation
thereto;
3. To carry out business of fishing boats for anglers under the Fishing
Boats for Anglers Act and activities on the water in relation thereto.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

CHAPTER Ⅱ OPERATOR LICENSE

Article 4 (Operator License)

(1) Each person who controls an engine-powered leisure watercraft shall pass a license examination under Article 6 and obtain an operator license for engine-powered leisure watercraft (hereinafter referred to as “operator license”)
from the Commissioner General of the Korea Coast Guard.
(2) The operator license shall be classified as follows:
1. General operator license: Class 1 operator license, class 2 operator license;
2. Yachting license.
(3) Necessary matters concerning the standards, procedures and methods, etc. of operator licenses shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 5 (Disqualification, etc. from Obtaining Operator License)

(1) None of the following persons shall obtain an operator license:
1. Persons under fourteen years of age: Provided, That persons defined
in Article 7 (1) 1 shall be excluded;
2. Psychopaths acknowledged to be incapable of doing water-related leisure

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제41편 해양 수상레저안전법

activities (referring to psychopaths under subparagraph 1 of Article
3 of the Mental Health Act; the same shall apply hereinafter), as prescribed by Presidential Decree;
3. Narcotics addicts, psychotropic drug addicts or hemp addicts acknowledged to be incapable of doing water-related leisure activities
(referring to narcotics, psychotropic drugs or marijuana under
subparagraphs 2, 4 and 5 of Article 2 of the Act on the Control of
Narcotics, etc.), as prescribed by Presidential Decree;
4. Persons for whom one year has not passed since their operator license
was cancelled as prescribed in Article 13 (1);
5. Persons who controlled an engine-powered leisure watercraft without obtaining an operator license in violation of the main body of Article
20 and for whom one year (four years for persons who have caused casualties and run without taking necessary measures, such as rescue,
etc.) has not passed after such violation.
(2) The heads of agencies having personal information which are prescribed by Presidential Decree shall notify the Commissioner General of the Korea
Coast Guard of such personal information as relating to disqualification
from obtaining an operator license, such as psychopaths, etc.
(3) The details and notification method of personal information to be notified to the Commissioner General of the Korea Coast Guard as prescribed in
paragraph (2) and other matters necessary for notification of personal information shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 6 (License Examinations)

(1) Each person seeking to obtain an operator license shall pass an examination conducted by the Commissioner General of the Korea Coast Guard (hereinafter
referred to as “license examination”).
(2) A license examination shall be conducted as both a written examination and practical skill examination.
(3) Necessary matters concerning the subjects, methods, etc. of a license examination shall be prescribed by Presidential Decree.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 7 (Exemption from License Examination)

(1) The Commissioner General of the Korea Coast Guard may exempt any of the following persons from all or part of the subjects of license examination:

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1. Any person who is registered as an engine-powered leisure watercraft
player with a sports organization prescribed by Presidential Decree;
2. Any person who has graduated in a department relating to
engine-powered leisure watercrafts prescribed by Presidential Decree established at a school under Article 2 of the Higher Education Act,
and who has completed courses of engine-powered leisure watercrafts
relating to the relevant license;
3. Any person who holds a marine officer’s license defined in any of the subparagraphs of Article 4 (2) of the Ship Personnel Act, which is
prescribed by Presidential Decree;
4. Any person who holds an engine-powered leisure watercraft license or certificate issued by an agency prescribed by Presidential Decree;
5. Any person who has engaged in education and training for the use, etc. of engine-powered leisure watercrafts at the Sea Explorers of Korea
under the Act on the Support for Sea Explorers of Korea or a sport
organization under subparagraph 11 of Article 2 of the National Sports
Promotion Act for at least one year, and who has received a recommendation from the head of such organization;
6. Any person who has completed education offered by an agency or organization prescribed by Presidential Decree, and who has obtained
specified certificates;
7. Any person who has passed a written examination of class 1 operator license and intends to apply for a practical skill examination of class
2 operator license after changing the class of examination.
(2) Necessary matters concerning the criteria, etc. for exemption from examinations under paragraph (1) shall be prescribed by Presidential
Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 8 (Sanctions against Cheaters)

(1) The Commissioner General of the Korea Coast Guard may suspend or nullify a license examination with regard to persons who have cheated on the examination.
(2) A person who is subject to a disposition of suspension or nullification
of the relevant examination under paragraph (1) shall not enter for a license examination for two years from the date of implementation of such
examination.

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제41편 해양 수상레저안전법

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 9 (Renewal of Operator License)

A person who has obtained an operator license shall have his/her operator license for engine-powered leisure watercraft (hereinafter referred to as “license”) renewed by the Commissioner General of the Korea Coast Guard
within the renewal period described in any of the following subparagraphs:

Provided, That where a person seeking to renew his/her license is unable

to get such renewal on the grounds prescribed by Presidential Decree, such as military service, etc., he/she may receive such renewal in advance
or have it postponed:
1. The first renewal period of license shall be no later than three months after the date falling on the seventh year after the date of issuance
of such operator license;
2. The renewal period of license other than that defined in subparagraph
1 shall be no later than three months after the date falling on the
seventh year after the date of commencing the renewal period of the immediately previous license.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 10 (Water-Related Safety Education)

(1) A person seeking to obtain an operator license and a person seeking to renew his/her operator license shall receive water-related safety
education described in each of the following subparagraphs conducted by the Commissioner General of the Korea Coast Guard (hereinafter referred
to as “safety education”) after submitting the application for license
examination as prescribed in Article 6 and within the renewal period of operator license under Article 9, respectively: Provided, That the effective
term of safety education prior to the passage of the first license examination shall be six months, and persons prescribed by Presidential Decree may be exempted from safety education:
1. Acts and subordinate statutes concerning water safety;
2. Matters concerning the use and management of leisure watercrafts;
3. Other matters necessary for water safety.
(2) The Commissioner General of the Korea Coast Guard may commission
an agency or organization designated by the Commissioner General of the
Korea Coast Guard (hereinafter referred to as “agency commissioned with safety education”) to carry out all or part of the business affairs concerning

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safety education under paragraph (1).
(3) Necessary matters concerning the standards for designation and cancellation of designation, etc. of an agency commissioned with safety
education shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 11 (Issuance of License)

(1) In any of the following cases, the Commissioner General of the Korea
Coast Guard shall issue a license as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. Where a license is issued after an applicant has passed a license examination under Article 6 (1), or is reissued;
2. Where an operator license is renewed as prescribed in Article 9.
(2) Where a license has been lost, or has been worn out to become unusable, a new license may be reissued after it is reported to the Commissioner General
of the Korea Coast Guard, as prescribed by Ordinance of the Ministry of Land,
Transport and Maritime Affairs.
(3) An operator license shall become effective from the time it is issued to the principal or his/her agent, as prescribed in paragraph (1).

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 12 (Duty to Carry and Produce License)

(1) Each person who controls an engine-powered leisure watercraft shall carry a license.
(2) Any controller under paragraph (1) shall produce his/her license when a relevant public official request him/her to do so during navigation.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 13 (Cancellation and Suspension of Operator License)

(1) Where a person who has obtained an operator license falls under any of the following subparagraphs, the Commissioner General of the Korea Coast Guard may cancel his/her operator license or suspend the validity
thereof for up to one year: Provided, That where he/she falls under any
one of subparagraphs 1 through 4, his/her operator license shall be cancelled:
1. Where he/she obtains an operator license by fraudulent or other illegal means;
2. Where he/she controls an engine-powered leisure watercraft during the period of suspension of his/her operator license;
3. Where he/she commits a criminal act using an engine-powered leisure

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제41편 해양 수상레저안전법

watercraft;
4. Where he/she refuses to take a sobriety test by relevant public officials, although he/she controls an engine-powered leisure watercraft while
intoxicated or there exists a reasonable ground to believe that he/she is in a state of intoxication, in violation of Article 22 (1) or (2);
5. Where he/she fails to renew his/her license within the renewal period,
in violation of Article 9;
6. Where he/she kills or injures any person or inflicts material damage on another person's property by intention or negligence during
navigation;
7. Where he/she lends his/her license to another person for navigation;
8. Where he/she controls an engine-powered leisure watercraft amidst
an apprehension that he/she might not be able to normally control such watercraft due to the influence of drugs, in violation of Article
23;
9. Where he/she violates this Act or an order issued for the safety and maintenance of oder of water-related leisure activities under this Act.
(2) Any person whose operator license has been cancelled as prescribed in
paragraph (1) shall return his/her license to the Commissioner General of the Korea Coast Guard within seven days from the day of cancellation of
such operator license.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 14 (Vicarious Execution of License Examinations)

(1) The Commissioner General of the Korea Coast Guard may authorize an agency or organization designated by the Commissioner General of the Korea Coast Guard (hereinafter referred to as “vicarious examination
agency”) to act as his/her agent for the execution of all or part of the
business affairs related to license examinations.
(2) Where a vicarious examination agency falls under any of the following subparagraphs, the Commissioner General of the Korea Coast Guard may
cancel the designation or suspend the business thereof for up to six months:

Provided, That where it falls under subparagraph 1, he/she shall cancel

such designation:
1. Where it obtains such designation by fraudulent or other illegal means;
2. Where it falls short of the standards for designation under paragraph
(5);

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3. Where any event impeding this Act or the vicarious performance of
duties involving license examinations under this Act takes place. (3) A vicarious examination agency shall report on duties involving license
examinations performed vicariously as prescribed in paragraph (1) to the
Commissioner General of the Korea Coast Guard.
(4) The Commissioner General of the Korea Coast Guard shall confirm
the details of vicarious performance of duties reported under paragraph
(3), and may take necessary measures if he/she finds any violation of this Act or an order issued under this Act.
(5) Matters necessary for the vicarious performance of duties involving license examinations, and the standards for the designation of vicarious
examination agencies and cancellation thereof, procedures for suspension,
etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 15 (Penalty Surcharges)

(1) Where the Commissioner General of the Korea Coast Guard has to issue a disposition of suspension of business as prescribed in Article 14
(2) 2 and such suspension of business is acknowledged to inflict severe
inconvenience on the examinees of such vicarious examination agency or to harm public interest, he/she may impose a penalty surcharge of less
than ten million won in lieu of the disposition of suspension of business.
(2) The amount of penalty surcharge according to the degree of violation on which a penalty surcharge is imposed as prescribed in paragraph (1)
and other necessary matters shall be prescribed by Presidential Decree.
(3) If a vicarious examination agency fails to pay a penalty surcharge under paragraph (1) by its due date, the Commissioner General of the
Korea Coast Guard may collect it by referring to the precedents on
dispositions of national taxes in arrears.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 16 (Education)

(1) Any person engaged in duties involving examinations at vicarious examination agencies shall receive education conducted by the
Commissioner General of the Korea Coast Guard.
(2) Necessary matters concerning the timing, object, etc. of education under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land,
Transport and Maritime Affairs.

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제41편 해양 수상레저안전법

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

CHAPTER Ⅲ DUTY TO CONFORM TO SAFETY REGULATIONS

Article 17 (Wearing Protective Equipment)

Any person doing water-related leisure activities shall wear equipment necessary for the protection of life, such as life jackets, etc., as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 18 (Navigation Regulations)

When a person doing water-related leisure activities navigates and controls a leisure watercraft, he/she shall comply with navigation regulations, such
as navigation speed and navigation methods, as prescribed by Presidential
Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 19 (Report, etc. on Long-Distance Water-Related Leisure Activities) (1) Any person who intends to do water-related leisure activities at a place five or more nautical miles off the port of departure shall report to a coast guard agency or police agency, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That this shall not apply to ships which have reported their entry into or exit from ports as prescribed in Article 5 of the Public Order in Open Ports Act or ships which have reported their exit from or entry into ports as prescribed in Article 15 of the Regulations on Ship Safety and Operations. (2) Any person doing water-related leisure activities shall, if any other person in the same leisure watercraft with him/her is deceased, gone missing or seriously wounded, report such fact to the related administrative agencies, such as coast guard agencies, police agencies, or fire agencies, without delay, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) The heads of related administrative agencies who have received a report under paragraph (1) shall take measures necessary to save lives and deal with accidents, etc.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 20 (Prohibition of Unlicensed Navigation)

No person shall, without obtaining an operator license (including where

- 9 -

the effectiveness of an operator license is suspended), navigate any
engine-powered leisure watercraft which is allowed to be controlled with an operator license: Provided, That this shall not apply in any of the following
cases:
1. Where a person does water-related leisure activities under the supervision of a person with class 1 operator license, as prescribed
by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
2. Where a person takes the same engine-powered leisure watercraft with another person having an operator license and controls such watercraft
with him/her, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 21 (Prohibition of Water-Related Leisure Activities at Night) (1) No person shall do water-related leisure activities between thirty minutes after sunset and thirty minutes before sunrise: Provided, That this shall not apply where a leisure watercraft equipped with night navigation equipment is used, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affair.
(2) Where the Commissioner General of the Korea Coast Guard or the head of a Si/Gun/Gu(referring to the head of an autonomous Gufor the head of a Gu; the Governor of Special Self-Governing Province for a Special Self-Governing Province; and the head of an agency in charge of managing the Han River of the Seoul Special Metropolitan City for the Han River of the Seoul Special Metropolitan City; the same shall apply hereafter in this Chapter, Chapters 4, 6 and 7) deems it necessary, he/she may make an adjustment to the time set forth in the main body of paragraph (1) for specific zones, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Where the Commissioner General of the Korea Coast Guard or the head of a Si/Gun/Gu has made an adjustment to the time set forth in paragraph (2), he/she shall give public notice of such fact in a place readily viewable by persons doing water-related leisure activities. [ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 22 (Prohibition of Navigation while Intoxicated)

(1) No person doing water-related leisure activities shall navigate any engine-powered leisure watercraft while intoxicated.

- 10 -

제41편 해양 수상레저안전법

(2) Where there exists a reasonable ground to believe that any person
doing water-related leisure activities has violated paragraph (1), any of the following persons (hereinafter referred to as “relevant public official”)
may conduct a field sobriety test on such person. In such cases, any person doing water-related leisure activities shall comply with such test:
1. A police officer;
2. A public official in a Si/Gun/Gu, who is engaged in water-related leisure
safety business.
(3) When a relevant public official (excluding a police officer in uniform)
conducts a field sobriety test on a person doing water-related leisure activities in accordance with paragraph (2), he/she shall carry a certificate
indicating his/her authority and show it to such person doing water-related
leisure activities.
(4) Where a person doing water-related leisure activities has an objection to the results of a sobriety test conducted under paragraph (2), another
test may be conducted by such means as blood sampling, with the consent of such person doing water-related leisure activities.
(5) The standards for intoxication under paragraph (1) shall be prescribed
by Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 23 (Prohibition of Navigation under Influence of Drugs, etc.) No person doing water-related leisure activities shall navigate any engine-powered leisure watercraft amidst an apprehension that he/she might not be able to normally control such watercraft due to the influence of narcotics, psychotropic drugs or marijuana under Article 2 of the Act on the Control of Narcotics, etc., of hallucinogens under Article 43 of the Toxic Chemicals Control Act, or due to other reasons in addition to cases defined in Article 22. [ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 24 (Prohibition of Exceeding Capacity)

No controller of a leisure watercraft shall navigate such leisure watercraft carrying persons in excess of its capacity, as prescribed by Presidential
Decree.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

CHAPTER Ⅳ SAFETY MANAGEMENT

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Article 25 (Designation, etc. of Prohibited Zones for Water-Related Leisure

Activities)

(1) Where the Commissioner General of the Korea Coast Guard or the head of a Si/Gun/Gu deems it necessary for safe water-related leisure activities, he/she may designate zones where water-related leisure
activities are prohibited (including zones where water-related leisure activities are prohibited for each leisure watercraft).
(2) No person shall engage in water-related leisure activities in prohibited
zones designated under paragraph (1).

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 26 (Orders for Correction)

Where the Commissioner General of the Korea Coast Guard or the head of a Si/Gun/Gudeems it necessary for safe water-related leisure activities, he/she may issue any of the following orders to persons doing water-related
leisure activities:
1. Restriction on the number of persons to embark (including cases of being pushed or pulled by a leisure watercraft; the same shall apply
hereinafter) on a leisure watercraft, or replacement of a controller;
2. Temporary suspension of water-related leisure activities;
3. Improvement or replacement of a leisure watercraft.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 27 (Temporary Stoppage, Confirmation, etc.)

(1) Where a relevant public official acknowledges that any person in a leisure watercraft has violated this Act or an order issued under this Act, he/she may stop such leisure watercraft and confirm such violation, or
request such person doing water-related leisure activities to produce a
license or ID card.
(2) Where a relevant public official stops a leisure watercraft and requests the presentation of a license, etc. as prescribed in paragraph (1), he/she
shall carry a certificate indicating his/her authority and show it to interested persons.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 28 (Cooperation of Related Administrative Agencies)

(1) Where the Commissioner General of the Korea Coast Guard, the head of a coast guard station, or the head of a Si/Gun/Gudeems it necessary for safe water-related leisure activities, he/she may request the heads

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제41편 해양 수상레저안전법

of related administrative agencies to provide cooperation. In such cases,
the heads of related administrative agencies who have received such requests for cooperation shall comply therewith unless there are particular reasons
to the contrary.
(2) Where the head of a Si/Gun/Gudeems it necessary for the efficient
safety management of water-related leisure activities in the inland waters
under his/her jurisdiction, he/she may request the Commissioner General of the Korea Coast Guard or the head of a coast guard station to dispatch
relevant police officers or to take charge of the business affairs related
to the safety management of water-related leisure activities in the specific zones. In such cases, the Commissioner General of the Korea Coast Guard
or the head of a coast guard station who has received such request shall
comply therewith unless there are particular reasons to the contrary.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 29 (Operation of Water-Related Leisure Activity Safety Council) (1) In order to set up cooperation systems for the efficient safety management of water-related leisure activities, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or the Governor of a Special Self-Governing Province (hereinafter referred to as “City Mayors/Do Governors”) may constitute and operate a water-related leisure activity safety council comprised of the representatives of related administrative agencies having jurisdiction over relevant areas and the representatives of organizations, etc.
(2) Matters necessary for the constitution and operation of water-related leisure activity safety councils under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 29-2 (Establishment, etc. of Safety Management Plans)

(1) The City Mayors/Do Governors or the Commissioner General of the
Korea Coast Guard shall formulate and implement an annual water-related
leisure safety management plan.
(2) The Commissioner General of the Korea Coast Guard may determine guidelines for the establishment of safety management plans under
paragraph (1), and provide guidance and supervision necessary for the implementation thereof.

[This Article Newly Inserted by Act No. 9068, Mar. 28, 2008]

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CHAPTER Ⅴ REGISTRATION AND

INSPECTION OF LEISURE WATERCRAFTS

Article 30 (Registration)

(1) The owner (hereinafter referred to as “owner”) of an engine-powered leisure watercraft (excluding ships registered under Article 8 of the Ship Act) shall file an application for registration with the head of a Si/Gun/Gu (referring to the head of an autonomous Gu for the head of a Gu; and the Governor of Special Self-Governing Province for a Special Self-Governing Province; hereafter in this Chapter the same shall apply) having jurisdiction over his/her domicile.
(2) In any of the following cases, the head of a Si/Gun/Gu may reject
an application for registration filed:
1. Where fraudulent entries are found in the application for registration;
2. Where the structure and mechanism of a leisure watercraft fail to
meet the standards for new inspection under Article 37 (1).
(3) Matters necessary for registration under paragraph (1), such as the objects of registration, requirements and procedures therefor, etc. shall
be prescribed by Presidential Decree.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 31 (Registers, etc.)

When the head of a Si/Gun/Gu receives an application for registration
as prescribed in Article 30 (1), he/she shall register it in the register of leisure watercrafts (hereinafter referred to as “register”) and deliver
a certificate of registration of leisure watercraft (hereinafter referred to as “registration certificate”) and registration number plate to the applicant.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 32 (Registration of Alteration, etc.)

Where any alteration is made to the registered matters of a leisure watercraft
(excluding registration of cancellation as defined in Article 33), its owner
or occupant shall apply for a registration of alteration, as prescribed by
Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 33 (Registration of Cancellation)

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제41편 해양 수상레저안전법

(1) Where a registered leisure watercraft falls under any of the following
subparagraphs, the owner shall return its registration certificate and apply for cancellation of registration to the head of a Si/Gun/Gu, as prescribed
by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. Where the leisure watercraft is destroyed or loses its original functions due to accidents on the water, etc.;
2. Where the existence of the leisure watercraft is unclear for three months. (2) Where an owner fails to apply for cancellation of registration as prescribed
in paragraph (1), the head of a competent Si/Gun/Gushall give a preemptory
notice to the owner to apply for cancellation of registration of the relevant
leisure watercraft within the prescribed period not exceeding one month, and where such application for cancellation of registration is not made
within such period, he/she may cancel registration of such leisure watercraft

ex officio.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 33-2 (Effect of Change of Ownership of Motor Boats)

Any change of acquisition or loss of ownership of a motor boat (hereinafter referred to as “motor boat”) subject to mortgage under subparagraph 2
(c) of Article 3 of the Act on Mortgage on Automobiles and other Specific
Movables shall become effective by registration in the relevant register.

<Amended by Act No. 9525, Mar. 25, 2009> [This Article Newly Inserted by Act No. 9068, Mar. 28, 2008]

Article 33-3 (Registration of Seizure)

Where the head of a Si/Gun/Gu is commissioned by a court to register
seizure as prescribed by the Civil Execution Act, or commissioned by an administrative agency to register seizure as prescribed by the National
Tax Collection Act or the Local Tax Act, he/she shall register seizure in the register of the relevant motor boat, as prescribed by Presidential Decree,
and notify the owner of such motor boat thereof.

[This Article Newly Inserted by Act No. 9068, Mar. 28, 2008]

Article 34 (Purchase of Insurance Policy)

The owner of a leisure watercraft subject to registration prescribed by Presidential Decree shall purchase an insurance policy or participate in mutual aid to compensate victims (referring to persons who have the right
to be paid damages where such victims are deceased) where other persons
are deceased or injured due to the navigation of the leisure watercraft,

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as prescribed by Presidential Decree.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 35 (Attachment of Registration Number Plates)

The owner of a leisure watercraft shall attach a registration number plate to a readily visible place in the leisure watercraft, as prescribed by Ordinance
of the Ministry of Land, Transport and Maritime Affairs.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 36 (Change of Structures and Mechanisms of Leisure Watercrafts) Where the owner of a leisure watercraft intends to change the structures or mechanisms which affect the buoyancy prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such owner shall obtain approval from the head of a Si/Gun/Guafter passing an inspection of leisure watercraft under Article 37 (1) 3. [ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 37 (Safety Inspections)

(1) Any person who intends to use an engine-powered leisure watercraft subject to registration under Article 30 (1) (excluding ships subject to
inspection under Articles 8 through 11 of the Ship Safety Act) for
water-related leisure activities shall receive the following inspections conducted by the Commissioner General of the Korea Coast Guard, as
prescribed by Ordinance of the Ministry of Land, Transport and Maritime
Affairs:
1. New inspection: Inspection to be made where registration under Article
30 is intended;
2. Regular inspection: Inspection to be made regularly every five years after registration;
3. Temporary inspection: Inspection to be made where the structure or
mechanism of a leisure watercraft has been modified.
(2) Any person who carries on water-related leisure business under Article
39 (hereinafter referred to as “water-related leisure business operator”)
shall receive a safety inspection (hereinafter referred to as “safety inspection”) of leisure watercrafts (excluding ships subject to inspection
under Articles 8 through 11 of the Ship Safety Act) from the Commissioner
General of the Korea Coast Guard if his/her business territory is seawater, and from the City Mayors/DoGovernors having jurisdiction over the relevant
area if his/her business area is inland waters, respectively.

- 16 -

제41편 해양 수상레저안전법

(3) Engine-powered leisure watercrafts subject to inspection under
paragraphs (1) and (2) used in water-related leisure business shall receive an inspection every year, and other leisure watercrafts shall receive an
inspection every five years.
(4) No owner shall use any leisure watercraft that has failed an inspection under the subparagraphs of paragraph (1) for water-related leisure
activities: Provided, That this shall not apply in cases prescribed by
Ordinance of the Ministry of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 38 (Vicarious Execution, etc. of Safety Inspections)

(1) The Commissioner General of the Korea Coast Guard or the City Mayors/DoGovernors may authorize an agency or organization (hereinafter referred to as “vicarious inspector”) designated by the Commissioner General of the Korea Coast Guard or the City Mayors/DoGovernors to vicariously execute all or part of the business affairs relating to safety inspections of leisure watercrafts.
(2) Where a vicarious inspector falls under any of the following subparagraphs, the Commissioner General of the Korea Coast Guard or the City Mayors/Do Governors may cancel its designation or order suspension of all or part of its business for up to six months: Provided, That where a vicarious inspector falls under subparagraph 1, its designation shall be cancelled:
1. Where its designation is made by fraudulent or other illegal means;
2. Where it ceases to meet the standards under paragraph (5);
3. Where it violates this Act, or orders or conditions for designation under this Act;
4. Where it receives illegal money and valuables in connection with its
business or commits any other dishonest act.
(3) Vicarious inspectors shall report on their duties performed as proxy under paragraph (1) to the Commissioner General of the Korea Coast Guard
or the City Mayors/Do Governors.
(4) The Commissioner General of the Korea Coast Guard or the City
Mayors/Do Governors shall confirm the matters reported by vicarious
inspectors as prescribed in paragraph (3), and may take measures if they find any violation of this Act or an order under this Act.
(5) Necessary matters concerning the mandatory number of inspectors

- 17 -

of leisure watercrafts to be employed by vicarious inspectors, standards
for inspection facilities, equipment, etc., and procedures for designation, supervision of vicarious inspectors, etc. shall be prescribed by Presidential
Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

CHAPTER Ⅵ WATER-RELATED LEISURE BUSINESS

Article 39 (Registration, etc. of Water-Related Leisure Business)

(1) Each water-related leisure business operator who intends to carry on business of renting leisure watercrafts or transporting persons doing water-related leisure activities in leisure watercrafts (hereinafter referred
to as “water-related leisure business”) shall register with the persons
classified as follows:
1. Where the business area is seawater: The head of a coast guard agency having jurisdiction over the relevant area;
2. Where the business area is inland waters: The City Mayors/Do Governors having jurisdiction over the relevant area;
3. Where the business area is stretching over jurisdictional areas of the
two or more heads of coast guard agencies or the heads of Sis/Guns/Gus:
The head of a coast guard station or the head of a Si/Gun/Guhaving
jurisdiction over the place where leisure watercrafts used in
water-related leisure business is moored most often.
(2) Each water-related leisure business operator who has completed registration under paragraph (1), in case any alteration is made to the
registered matters, shall make a registration of alteration, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) The head of a coast guard station or the head of a Si/Gun/Gu who
has received an application for registration or alteration registration filed
as prescribed in paragraph (1) or (2) shall consult with the heads of other coast guard stations or the heads of other Sis/Guns/Gus having jurisdiction
over the relevant business area prior to the registration.
(4) Necessary matters concerning the standards and procedures, etc. for registration under paragraph (1) shall be prescribed by Ordinance of the

- 18 -

제41편 해양 수상레저안전법

Ministry of Land, Transport and Maritime Affairs.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 40 (Disqualification from Obtaining Registration of Water-Related

Leisure Business)

None of the following persons shall make a registration of water-related leisure business:
1. A minor, incompetent or quasi-incompetent;
2. A person in whose case two years have not elapsed since the completion or exemption of his/her imprisonment without labor or a heavier
punishment as sentenced by a court;
3. A person who is under a suspension of imprisonment without prison labor or a heavier punishment as sentenced by a court;
4. A person in whose case two years have not elapsed since his/her
registration was cancelled under Article 51.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 41 (Succession to Rights and Obligations)

Any person falling under any of the following subparagraphs shall succeed to the rights and obligations of a water-related leisure business operator
following the registration of water-related leisure business:
1. If a water-related leisure business operator is deceased, his/her inheritor;
2. If a water-related leisure business operator transfers his/her business,
the transferee;
3. If a water-related leisure business operator which is a juridical person is merged, a juridical person existing after the merger or a juridical
person newly established by the merger.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 42 (Report on Suspension or Closure of Business)

(1) Where a water-related leisure business operator intends to suspend or close his/her business during the registered business period, he/she
shall report it to the registration agency, as prescribed by Ordinance of
the Ministry of Land, Transport and Maritime Affairs.
(2) The head of a coast guard agency or the head of a Si/Gun/Gu who
has received a report of suspension or closure of business as prescribed
in paragraph (1) shall notify the tax office having jurisdiction over the location of the water-related leisure business of such business suspension

- 19 -

or closure.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 43 (Usage Fees)

Where a water-related leisure business operator has determined passenger fares, rental fees, etc., he/she shall report thereon to the heads of coast guard stations or the heads of Sis/Guns/Gus, as prescribed by Ordinance
of the Ministry of Land, Transport and Maritime Affairs, and shall post it on a readily visible place within the place of business. The same shall also apply to any modification to reported matters.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 44 (Purchase of Insurance Policy, etc.)

Each water-related leisure business operator shall purchase an insurance policy or participate in mutual aid to compensate for damages incurred to its employees and users, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 45 (Safety Examinations)

(1) In order to ensure the safety of water-related leisure activities, the heads of coast guard stations or the heads of Sis/Guns/Gus shall cause relevant public officials to conduct safety examinations of leisure watercrafts and water-related leisure facilities, such as wharves, etc.
(2) The heads of coast guard stations or the heads of Sis/Guns/Gus may
order repairing or reinstatement as a result of safety examinations under
paragraph (1), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, they may order suspension of use
of the relevant leisure watercraft for a prescribed period necessary for the repairing or reinstatement as well.
(3) Each public official who conducts an examination as prescribed in
paragraph (1) shall carry a certificate indicating his/her authority and produce it to interested parties.
(4) Necessary matters concerning safety examinations and subject items,
etc. under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 46 (Certification, etc. of Exemplary Leisure Watercraft Workplaces) (1) The Commissioner General of the Korea Coast Guard may, after consultation with the Minister of Knowledge Economy, award certifications with workplaces that manufacture or repair leisure watercrafts, etc. as exemplary manufacturing workplace or exemplary repairing workplace

- 20 -

제41편 해양 수상레저안전법

(hereinafter referred to as “exemplary workplaces”) according to the
standards prescribed by Presidential Decree.
(2) With regard to the leisure watercrafts manufactured or repaired by
exemplary workplaces, new inspections or regular inspections may be omitted, as prescribed by Presidential Decree.
(3) The Commissioner General of the Korea Coast Guard shall guide and
supervise the operation and management of workplaces certified as exemplary workplaces under paragraph (1).
(4) Where any workplace certified as an exemplary workplace under
paragraph (1) falls under any of the following subparagraphs, the
Commissioner General of the Korea Coast Guard may cancel such certification or suspend the effect thereof for up to six months: Provided,
That he/she shall cancel such certification where it falls under any of the provisions of paragraphs 1 through 3:
1. Where it obtains certification of exemplary workplace by fraudulent
or other illegal means;
2. Where a juridical person that has obtained certification is dissolved;
3. Where a person who has obtained certification of exemplary workplace
closes his/her business;
4. Where it has made no performance for one year or longer without justifiable reasons;
5. Where the relevant workplace ceases to meet the standards for certification under paragraph (1);
6. Where it manufactures or repairs leisure watercrafts in a faulty manner.
(5) Matters necessary for the objects of certification of exemplary workplaces, the standards and procedures therefor, and the cancellation
thereof, etc. under paragraphs (1) through (4) shall be prescribed by
Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 47 (Type Approval, Testing, etc.)

(1) Any person who intends to manufacture or import leisure watercrafts may obtain type approval from the Commissioner General of the Korea
Coast Guard.
(2) Any person who intends to obtain type approval under paragraph (1)
shall take a type approval test by a test institution designated by the
Commissioner General of the Korea Coast Guard: Provided, That this shall

- 21 -

not apply where any ground prescribed by Presidential Decree is applicable
to such person.
(3) When a person who has obtained type approval under paragraph (1)
manufactures or imports the relevant leisure watercraft and passes a test conducted by the Commissioner General of the Korea Coast Guard, a new
inspection under Article 37 (1) shall be omitted with regard to such leisure
watercraft.
(4) The Commissioner General of the Korea Coast Guard may authorize an agency or organization designated by the Commissioner General of the
Korea Coast Guard (hereinafter referred to as “vicarious testing agency”)
to vicariously execute all or part of the business affairs relating to the testing of leisure watercrafts under paragraph (3).
(5) Where a person who has obtained type approval under paragraph (1)
falls under any of the following subparagraphs, the Commissioner General of the Korea Coast Guard may cancel such type approval or suspend its
effectiveness for up to six months: Provided, That where he/she falls under
subparagraph 1, he/she shall cancel such type approval:
1. Where he/she obtains such type approval by fraudulent or other illegal
means;
2. Where he/she passes a test by fraudulent or other illegal means;
3. Where he/she has made no performance for one year or longer without
justifiable reasons.
(6) Necessary matters concerning the standards for designation of type approval test agencies, the procedures and standards for designation of
vicarious testing agencies, type approvals, type approval tests, testing, and cancellation of type approvals, etc. under paragraphs (1) through
(5) shall be prescribed by Presidential Decree.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 48 (Measures to Be Taken by Business Operators, such as Safety

Examination)

(1) In order to ensure the safety of water-related leisure activities, water-related leisure business operators and their employees shall take the following measures:
1. Safety examinations of leisure watercrafts and water-related leisure
facilities;
2. Confirmation of weather and water conditions of the business area;

- 22 -

제41편 해양 수상레저안전법

3. In the case of occurrence of an accident in the business area, relief
activities and notification to the related administrative agencies, such as coast guard agencies, police agencies and fire agencies;
4. Ensuring users wear safety equipment and providing users with safety education prior to embarkation;
5. Placing rescue workers or rafting guides within the place of business.
(2) No water-related leisure business operators and their employees shall commit an act defined in any of the following subparagraphs:
1. Embarking persons below fourteen years of age (limited to the minors
who are not accompanied by guardians), intoxicated persons or mentally ill persons on leisure watercrafts, or lending leisure watercrafts to
such persons;
2. Embarking persons on leisure watercrafts in excess of the capacity;
3. Selling or treating alcoholic beverages in leisure watercrafts or allowing users of leisure watercrafts to bring alcohol in leisure watercrafts;
4. Engaging in business outside of the business area;
5. Engaging in business during the hours other than those set for water-related leisure activities under Article 21;
6. Bringing dangerous articles, such as explosives, inflammables, etc. in leisure watercrafts on which users are boarding, or transporting
such dangerous articles by such leisure watercrafts;
7. Using leisure watercrafts which have not received safety inspections under Article 37 and safety examinations under Article 45 for business.
(3) The qualifications and placement standards, etc. for rescue workers
and rafting guides under paragraph (1) 5 shall be prescribed by Presidential
Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 49 (Restriction on Business)

In any of the following cases, the heads of coast guard stations or the heads of Sis/Guns/Gus may order restriction on business areas or business hours, or temporary suspension of business to water-related leisure business operators:
1. Where weather and water conditions have worsened;
2. Where water accidents have occurred;
3. Where it is otherwise deemed to be necessary for the safety of water-related leisure activities.

- 23 -

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 50 (Submission of Data, etc.)

Where the heads of coast guard stations or the heads of Sis/Guns/Gus
deem it necessary for the safety of water-related leisure activities, they
may request water-related leisure business operators to submit relevant documents or data.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 51 (Cancellation of Registration, etc. of Water-Related Leisure

Business)

Where any water-related leisure business operator falls under any of the following subparagraphs, the heads of coast guard stations or the heads
of Sis/Guns/Gus may cancel its registration of water-related leisure
business or order suspension of all or part of its business for up to three
months, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That where any water-related leisure
business operator falls under subparagraph 1 or 2, they shall cancel its registration of water-related leisure business:
1. Where it makes a registration by fraudulent or other illegal means;
2. Where it falls under any of the subparagraphs of Article 40;
3. Where it or its employees cause casualties intentionally or by negligence;
4. Where it uses leisure watercrafts which are not in compliance with
Articles 30, 32, 33, and 35 through 37 for water-related leisure business;
5. Where it fails to make a registration of alteration as prescribed in
Article 39 (2);
6. Where it violates Articles 43 through 45, 48 and 49 or orders thereunder.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS

Article 52 (Fees)

(1) Any person falling under any of the following subparagraphs shall pay fees to the Commissioner General of the Korea Coast Guard or the heads of Sis/Guns/Gus, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. A person who takes a license examination as prescribed in Article

- 24 -

제41편 해양 수상레저안전법

6 (1);
2. A person who intends to receive safety education as prescribed in Article
10 (1);
3. A person who intends to apply for the issuance, re-issuance or renewal of his/her licence as prescribed in Article 11;
4. A person who intends to apply for the registration, alteration registration,
cancellation registration, etc. of a leisure watercraft as prescribed in
Articles 30, 32 and 33;
5. A person who intends to receive a registration number plate as prescribed
in Article 31;
6. A person who intends to receive an inspection of leisure watercrafts as prescribed in Article 37 (1);
7. A person who intends to apply for the registration, alteration registration, suspension or closure of water-related leisure business as prescribed
in Articles 39 and 42;
8. A person who intends to obtain certification of outstanding workplace as prescribed in Article 46 (1);
9. A person who applies for type approval or testing as prescribed in
Article 47 (2) and (3).
(2) In any of the following cases, fees determined by agencies commissioned with safety education, vicarious examination agencies, vicarious inspectors
or vicarious testing agencies, shall be paid to the relevant vicarious agencies, etc.:
1. Where safety education is conducted upon commission as prescribed
in Article 10 (2);
2. Where vicarious examination agencies perform duties involving license examinations as proxy, as prescribed in Article 14 (1);
3. Where vicarious inspectors perform the business of inspecting leisure watercrafts as proxy, as prescribed in Article 38 (1);
4. Where vicarious testing agencies perform the business of testing leisure
watercrafts as proxy, as prescribed in Article 47 (4).
(3) Where agencies commissioned with safety education, vicarious examination agencies, vicarious inspectors or vicarious testing agencies
intend to determine or change fees as prescribed in paragraph (2), they shall obtain approval from the Commissioner General of the Korea Coast

- 25 -

Guard.
(4) Where agencies commissioned with safety education, vicarious examination agencies, vicarious inspectors or vicarious testing agencies
collect fees as prescribed in paragraph (2), such fees shall be appropriated as revenues of such agencies commissioned with safety education, vicarious
examination agencies, vicarious inspectors or vicarious testing agencies.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 53 (Hearings)

If the heads of coast guard stations or the heads of Sis/Guns/Gus intend
to issue a disposition of penalty surcharge to a vicarious examination agency,
to cancel any certification of outstanding workplace of leisure watercraft, to cancel any designation of vicarious testing agency, or to cancel any
registration of water-related leisure business as prescribed in Articles 15,
46, 47 and 51, they shall hold a hearing.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 54 (Delegation of Authority)

Part of the authority held by the Commissioner General of the Korea Coast
Guard under this Act may be delegated to the heads of its affiliated agencies,
as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 55 (Legal Fiction of Public Officials in Applying Penal Provisions) The executives and employees of agencies commissioned with safety education, vicarious examination agencies, vicarious inspectors and vicarious testing agencies shall be regarded as public officials for the purposes of penal provisions under Articles 129 through 132 of the Criminal Act.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

CHAPTER Ⅷ PENAL PROVISIONS

Article 56 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not
exceeding five million won:
1. A person who carries on water-related leisure business without making a registration, in violation of Article 39 (1);
2. A water-related leisure business operator who carries on business after

- 26 -

제41편 해양 수상레저안전법

the cancellation of registration of its water-related leisure business
or during the period of business suspension prescribed in Article 51.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

Article 57 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not
exceeding three million won:
1. A person who controls any power-driven leisure watercraft without obtaining an operator license, in violation of the main body of Article
20;
2. A person who controls any engine-powered leisure watercraft while intoxicated, in violation of Article 22 (1);
3. A person who refuses to take a sobriety test by relevant public officials under Article 22 (2), although there exists a reasonable ground to
believe that he/she is in a state of intoxication

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 58 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than six months or by a fine not exceeding one million won:
1. A person who controls an engine-powered leisure watercraft amidst
an apprehension that he/she might not normally control such engine-powered leisure watercraft due to the influence of drugs, etc.
in violation of Article 23;
2. A person who carries on water-related leisure business without making a registration of alteration under Article 39 (2);
3. A water-related leisure business operator who violates an order for
repairing or reinstatement under Article 45 (2);
4. A water-related leisure business operator who fails to take measures necessary for safe navigation or commits a prohibited act, in violation
of Article 48;
5. A water-related leisure business operator who violates an order for restriction on business areas or business hours, or an order for temporary
suspension of business under Article 49.

[ThisArticleWhollyAmendedbyActNo.9068,Mar.28,2008]

Article 59 (Fines for Negligence)

- 27 -

(1) Any person falling under any of the following subparagraphs shall
be punished by a fine for negligence not exceeding one million won:
1. A person engaged in duties involving examinations who fails to receive
education, in violation of Article 16 (1);
2. A person who fails to wear protective equipment, in violation of Article
17;
3. A person who fails to comply with navigation regulations, in violation of Article 18;
4. A person who fails to file a report, in violation of Article 19 (1) or
(2);
5. A person who does water-related leisure activities during the hours other than those set for water-related leisure activities under Article
21 (1) and (2);
6. A person who controls a leisure watercraft carrying persons in excess of the capacity, in violation of Article 24;
7. A person who does water-related leisure activities in an area where water-related leisure activities are prohibited, in violation of Article
25 (2);
8. A person who uses a leisure watercraft for water-related leisure activities without making a registration, in violation of Article 30 (1);
9. A person who fails to obtain an approval for modification of structures
and mechanisms, in violation of Article 36;
10. A water-related leisure business operator who fails to receive a safety inspection of leisure watercrafts, in violation of 37 (2);
11. A water-related leisure business operator who receives money and valuables other than the usage fees that are reported under Article
43, or fails to post a notice of reported matters;
12. A water-related leisure business operator who fails to submit documents or data under Article 50, or submits fraudulent documents or data.
(2) Any person falling under any of the following subparagraphs shall
be punished by a fine for negligence not exceeding 500 thousand won:
1. A person who fails to return his/her license, in violation of Article
13 (2);
2. A person who fails to comply with an order for correction under Article
26;

- 28 -

제41편 해양 수상레저안전법

3. A person who rejects an order for temporary suspension or an order
to produce a license or ID card as prescribed in Article 27;
4. A person who fails to make a registration of alteration of a leisure
watercraft, in violation of Article 32;
5. A person who fails to receive a preemptory notice of registration of cancellation of a leisure watercraft under Article 33 (2), but fails to
implement such registration within the prescribed period;
6. A person who fails to purchase an insurance policy, in violation of
Article 34;
7. A person who fails to attach a registration number plate, in violation of Article 35;
8. A person who fails to receive inspections of personal leisure watercrafts,
in violation of Article 37 (1).
(3) Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the Commissioner General of the Korea Coast Guard,
the heads of coast guard stations, the heads of Sis/Guns/Gus (referring
to the heads of agencies in charge of the management of the Han River of the Seoul Special Metropolitan City, for the Han River of the Seoul
Special Metropolitan City; hereafter referred to as “imposing authority”), as prescribed by Presidential Decree.
(4) Any person who is dissatisfied with the disposition of a fine for negligence
under paragraph (3) may raise an objection to the relevant imposing authority within 30 days from the date of receiving such disposition.
(5) Where any person subjected to the disposition of a fine for negligence
under paragraph (3) raises an objection under paragraph (4), the relevant imposing authority shall notify the relevant court of such fact without
delay and the court so notified shall submit the case to a trial for a fine
for negligence under the Non-Contentious Case Litigation Procedure Act. (6) If neither an objection is raised within the period under paragraph
(4) nor is a fine for negligence paid, it shall be collected by referring to
the precedents on dispositions of national taxes or local taxes in arrears.

[This Article Wholly Amended by Act No. 9068, Mar. 28, 2008]

ADDENDA

Article 1 (Enforcement Date)

- 29 -

This Act shall enter into force one year after the date of its promulgation.

Article 2 (Special Cases concerning Registration of Leisure Watercrafts) Notwithstanding the amended provisions of Article 30, the leisure watercrafts which are being used for water-related leisure activities at the time this Act enters into force shall be registered within one year after this Act enters into force.

Article 3 (Special Cases concerning Inspection of Leisure Watercrafts) Notwithstanding the amended provisions of Article 37, the leisure watercrafts which are being used for water-related leisure activities at the time this Act enters into force shall receive inspections within one year after this Act enters into force.

Article 4 (Transitional Measures concerning Operation License)

Any person who has obtained a license under the previous provisions at the time this Act enters into force shall be deemed to have obtained a license
and received safety education under the amended provisions of Articles 4
and 10.

Article 5 (Transitional Measures concerning Designation of Vicarious

Examination Agencies)

Any agency vicariously performing duties involving license examinations, which has been designated under the previous provisions at the time this Act enters
into force shall be deemed to have been designated under the amended provisions of Article 14.

Article 6 (Transitional Measures concerning Water-Related Leisure

Business)

Any water-related leisure business which has been registered under the previous provisions at the time this Act enters into force shall be deemed to have been registered under the amended provisions of Article 39.

Article 7 (Transitional Measures concerning Penal Provisions)

The application of penal provisions to acts committed before this Act enters into force shall be made pursuant to the previous provisions.

Article 8 (General Transitional Measures)

Any order, measure or disposition issued or taken under the previous provisions at the time this Act enters into force, which is not contradictory to this Act,
shall be deemed to have been issued or taken under this Act.

ADDENDUM <Act No. 8016, Sep. 27, 2006>

- 30 -

제41편 해양 수상레저안전법

This Act shall enter into force on the date of its promulgation: Provided,
That the amended provisions of Article 5 shall enter into force six months after this Act enters into force.

ADDENDA <Act No. 8221, Jan. 3, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force ten months after the date of its promulgation. (Proviso Omitted.)

Articles 2 through 16 Omitted.

ADDENDA <Act No. 8344, Apr. 11, 2007>

Article 1 (Enforcement Date)

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

Articles 2 through 9 Omitted.

ADDENDA <Act No. 8621, Aug. 3, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)

Articles 2 through 4 Omitted.

ADDENDA <Act No. 8852, Feb. 29, 2008>

Article 1 (Enforcement Date)

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

Articles 2 through 7 Omitted.

ADDENDA <Act No. 9068, Mar. 28, 2008>

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of the proviso to the main body of Article 9, Article 13 (1) 5 through 9, Article 22 (2) through (4), Article 33-2, Article 33-3, subparagraphs 4 through 6 of Article 51 and Article 59 (2) shall enter into force on July 1, 2008.
(2) (Transitional Measures concerning Administrative Dispositions) The previous

- 31 -

provisions shall apply to administrative dispositions on acts done before this
Act enters into force.
(3) (Transitional Measures concerning Penal Provisions, etc.) The previous
provisions shall apply to penal provisions and fines for negligence for acts done before this Act enters into force.

ADDENDA <Act No. 9525, Mar. 25, 2009>

Article 1 (Enforcement Date)

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

Articles 2 through 5 Omitted.

- 32 -

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