(1) Reasons for Proposal

As the International Ship and Port Facility Security Act has been revised to require only the security screening equipment that has received performance certification from the Minister of Oceans and Fisheries to be used during the security checking of port facilities*, this Act aims to determine matters entrusted by the Act, such as the types of security checking equipment subject to the performance certification, performance certification standards, performance checks and inspections, and testing institution designation standards and matters necessary for its enforcement.

* Act No. 17615, promulgated on Dec. 8, 2020, enforced on Dec. 9, 2021 (subordinate statutes are subject to timely preparation)

(2) Major Provisions

A. Types of security checking equipment that are subject to performance certification (Article 37-3 newly inserted) 

Determine eight types of equipment: X-ray screening system, walk-through metal detector, hand-held metal detector, explosive detection system, explosive trace detector, bottled liquid scanner, shoe metal detector, and whole-body scanner.

B. Establish performance certification standards (Article 37-4 newly inserted) 

Require having the convenience of use, safety, and durability and determining detailed standards for performance, function, and safety for each equipment in the Notice.

C. Establish the methods and procedures of the application for performance certification (Article 37-5, Form 21-6, Form 21-7, and Form 21-8 newly inserted) 

Require the establishment of performance certification procedures such as required documents for application for performance certification, submission of performance tests and results, issuance of certificates, and composition of a performance certification deliberation committee, and determine the relevant details in the Notice.

D. Performance checks and performance inspection (Article 37-6 and Article 37-7 newly inserted) 

Require that a certification institute conduct regular inspections every year and, if necessary, irregular inspections to ensure that a person who has received performance certification maintains the quality and performance of the original performance certification and that if the owner of the port facility intends to continue using the equipment in use by extending its useful life, he/she receives a performance test conducted by a certification institute.

E. Testing institute designation, revocation of designation, etc. (Article 37-8, Article 37-9, attached Table 3-3, attached Table 3-4, Form 21-9, and Form 21-10 newly inserted) 

Prescribe matters necessary for the overall operation of testing institutes for performance evaluation of security checking equipment, such as designation criteria for testing institutes, revocation of designation, and criteria for business suspension.

F. Criteria for the imposition of certification fees (Article 37-10 and attached Table 3-5 newly inserted) 

Set related fees, such as performance certification, performance testing, and performance inspection, and determine by adding up its basic charge, labor cost, direct or indirect cost, etc.