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Government Legislation

  • Partial Amendment to the Enforcement Decree of the Maritime Safety Act
    • Competent Ministry : Ministry of Oceans and Fisheries
    • Advance Publication of Legislation : 2022-08-23
    • Opinion Submission Deadline : 2022-10-04

1.      Reasons for Amendment

 

It aims to stipulate the qualifications, eligibility criteria, and detailed standards for administrative dispositions, etc. for a ship safety manager in line with the introduction of the ship safety manager System; to relax entry regulations so that experienced persons in various fields can register for a marine safety audit agency service. At the same time, it also intends to improve andsupplement some loopholes in the operation of the current systems, including laying a legal basis to announce major deficiencies under the guidance and supervision of the maritime safety supervisor.

 


2.      Major Provisions

 

A. Regulations on qualifications, etc. of a ship safety manager (Article 33 (2), Article 33 (3), Attached Table 11-2, Attached Table 11-3)

Stipulates the qualifications, eligibility criteria for a ship safety manager in line with the introduction of the ship safety manager system and such a safety manager, etc. shall complete regular training every two years.

 

B. Regulations on the type and amount of penalty surcharges for each violation (Article 42 (2), Attached Table 13-3)

Stipulates the criteria for calculating penalty surcharges for each violation in line with the introduction of the penalty surcharges system that replaces the suspension of business on government agencies.

 

C. Announcement of major deficiencies as a result of monitoring maritime safety (Article 51)

Stipulates that information on the ships subject to vessel navigation suspension order may be announced under the guidance and supervision of the maritime safety supervisor.

 

D. Detailed standards for administrative disposition (Article 53 (4), Attached Table 8)

Stipulates the detailed standards of administrative disposition for each type of violation committed by a ship safety manager and the violation severity levels.

 

E. Relaxation of the standards for registering the marine safety audit agency service (Article 7)

Stipulates the expansion of the career and qualification standards of technical personnel in order to relax the regulations on the registration standards for the marine safety audit agency service.

 

F. Supplementation of the standards for vessel departure control (Attached Table 10)

In line with the criteria for departure restrictions of fishing boats stipulated in the Fishing Boats Safety Operation Act, it stipulates that fishing boats falling under the Fishing Boats Safety Operation Act shall be excluded from the Vessel Departure Control Regulations.


Regulatory effect assessment
  • 해사안전법 시행규칙(규제영향분석서)_20220816.hwp [download]
Legislative proposal (draft)
  • 해사안전법 시행규칙 일부개정령안.hwp [download]