Revise “Articles 46 (2) and (4) of the Act” in the main sentence of
Article 2 to “Act Articles 46 (2) and (3).”
Newly
insert Article 15-2 as below:
Article 15-2 (Duties of safety management officer, etc.) “Other duties
prescribed by Presidential Decree” stated in Article 46-3 (1) 7 of the Act
refers to duties related to supporting cession of the vessel operation and crew
evacuation, etc. in the event of a disaster.
Delete
Article 16.
Change
Article 20-2 to Article 20-5 and newly insert Articles 20-2 through 20-4 and
Article 20-6 as below:
Article 20-2 (Qualifications to take the Vessel Safety Manager Exam,
etc.) (1) “Qualifications to take the exam prescribed by Presidential Decree”
stated in Article 61-2(3) of the Act refers to the standards for each class of
vessel safety manager in accordance with the attached Table 4-3.
(2) “Persons prescribed by Presidential
Decree” stated in the proviso to Article 61-2(3) of the Act refers to any of
the following persons:
1. A person who holds a level 3 officer’s
license or higher under the Ship Officers Act;
2. An Industrial Safety Engineer under the
National Technical Qualifications Act;
3. An Industrial Safety Instructor under
Occupational Safety and Health Act;
Article 20-3 (Exam Subjects and Passing Criteria) (1) A vessel safety
manager qualification exam (hereinafter referred as “qualification exam”) under
Article 61-2(6) of the Act shall be carried out as a written test and an
interview for each class as shown in attached Table 4-4.
(2) Exemption criteria for some exam subjects
of the written test for anyone who falls under any of the subparagraphs of
Article 20-2 (2) is shown in attached Table 4-5.
(3) Written test and interview are each scored
out of 100 points, and successful applicants are determined according to the
following criteria:
1. Written test: A person with a score of 40
points or above for all subjects and the average score of all the subjects is
60 points or higher.
2. Interview: A person with a score of 60
points or above.
Article
20-4 (Holding Exams and Determination of Successful Applicants, etc.) (1) In
principle, the qualification exams shall be conducted once a year, but it may
be increased or decreased if the Minister of Oceans and Fisheries deems it
necessary.
(2) If the Minister of Oceans and Fisheries
wants to conduct the qualification exam, the Minister should announce necessary
matters such as application qualifications, exam subjects, rate of questions by
subject contents, date and place of exam, application procedure, etc. on the
website of the Ministry of Oceans and Fisheries, etc. 90 days before holding
the qualification exam so that all future applicants know the details.
(3) The Minister of Oceans and Fisheries shall
appoint or commission an examiner to write questions and grade the exam papers
from among any one of the following persons:
1. A person who has a doctorate degree in
maritime safety and vessel safety related fields;
2. A person who has worked at least 2 years as
an assistant professor or higher in a department related to maritime safety and
vessel safety at a university;
3. A person who has worked as a safety
management officer for at least 7 years;
4. A person who has worked at a professional
organization related to maritime safety and vessel safety for at least 7 years;
and
5. A person recognized by the Minister of
Oceans and Fisheries as having expertise in vessel safety management.
(4) A person wishing to apply for the
qualification exam shall submit to the Minister of Oceans and Fisheries
application form prescribed by an Ordinance of the Ministry of Oceans and
Fisheries and relevant documents to prove work experience.
(5) The Minister of Oceans and Fisheries shall
announce persons who passed the qualification exam on the website of the
Ministry of Oceans and Fisheries, etc. once they are decided.
(6) The Minister of Oceans and Fisheries shall
issue a certificate of the successful applicant under Article 5 if he or she
applies for issuance of a certificate in accordance with an Ordinance of the
Ministry of Oceans and Fisheries.
(7) The person applying for the qualification
exam or issuance of a vessel safety manager certificate (including re-issuance)
shall pay a fee prescribed by an Ordinance of the Ministry of Oceans and
Fisheries.
(8) Other matters related to the management
and operation of the qualification exam shall be determined by the organization
conducting the qualification exam.
Article 20-6 (Vessel Safety Manager Association) Bylaws of the vessel
safety manager association shall include the following in accordance with
Article 97-5 (3) of the Act:
1. Purpose:
2. Name:
3. Place of office (including branches or
place of business);
4. Business and matters related to its
execution;
5. Matters related to qualifications, joining,
withdrawing, rights and obligations of membership;
6. Matters related to board members and
employees;
7. Matters related to general meetings and
board of directors;
8. Matters related to agencies and the
organizations;
9. Matters related to assets and accounting;
10. Matters related to changes to bylaws; and
11. Matters related to announcement methods.
Newly
insert the below subparagraph 14-2 in Article 21-2, change “Article 46 (3) of
the Act” in subparagraph 15 of that paragraph to “Article 46(4) of the Act,”
newly insert below subparagraphs 15-2 through 15-6 and 30 of that paragraph,
change paragraph (6) to (8) of that Article, and newly insert below paragraphs
(6) and (7) of that Article:
14-2. Order to make measures pursuant to
Article 45 (4) of the Act
15-2. Accept a report under Article 46-2 (3)
of the Act
15-3. Order of execution under Article 46-2
(5) of the Act
15-4. Accept notice under Article 46-3 (4) of
the Act
15-5. Order of execution under Article 46-3
(6) of the Act
15-6. Request change of appointment pursuant
to Article 46-3 (7) of the Act
30. Impose or collect administrative fine
pursuant to Article 110 (5)1 of the Act
(6) In accordance with Article 99 (3) of the
Act, the Minister of Oceans and Fisheries shall consign education under Article
46-3 (3) of the Act to Korea Institute of Maritime and Fisheries Technology or
to a designated certificate examination agency pursuant to Article 48 1) of the
Act.
(7) The Minister of Oceans and Fisheries shall
consign the following jobs related to the qualification exam to the Korea
Institute of Maritime and Fisheries Technology pursuant to Article 99 (3) of
the Act:
1. Conduct qualification exams pursuant to
Article 20-4 (1);
2. Make announcements under Article 20-4 (2);
3. Appoint or commission an examiner pursuant
to Article 20-4 (3);
4. Announce successful applicants in
accordance with Article 20-4 (5);
5. Receive application to issue a certificate
under Article 20-4 (6); and
6. Collect a fee pursuant to Article 20-4 (7).
Newly
insert Article 21-2 as follows:
Article 21-2 (Processing Unique Identification Data) Minister of Oceans
and Fisheries (including persons consigned with duties of the Minister of
Oceans and Fisheries under Article 21) may process data containing resident
registration number or foreign registration number under subparagraph 1 or 4 of
Article 19 of the Enforcement Decree of the Personal Information Protection Act
when it is unavoidable to perform the following jobs:
1. To check eligibility to apply for the
qualification exam and whether the applicant is eligible for exam subject
exemption under Article 61-2 (3) of the Act;
2. To issue certificate under 61-2 (6) of the
Act;
3. To check grounds for disqualification under
Article 61-4 of the Act; and
4. To revoke or suspend qualification under
Article 61-5.
Delete
Article 22-2 (2).
The term
“vessel” in subparagraph 1 (a) in attached Table 2-3 refers to “a vessel or a
vessel engaged in marine passenger transportation services under Article 3 of
Maritime Transportation Act,” the term “vessel” in item (c) in that same box
refers to “a vessel or a vessel engaged in marine passenger transportation
services under Article 3 of Maritime Transportation Act,” the term “vessel” in
subparagraph 2 (a) in that same Table refers to “a vessel or a vessel engaged
in marine passenger transportation services under Article 3 of Maritime
Transportation Act,” the term “vessel” in subparagraph 3 (a) in that same Table
refers to “a vessel or a vessel engaged in marine passenger transportation
services under Article 3 of Maritime Transportation Act,” the term “vessel” in
subparagraph 4 (c) in that same Table refers to “a vessel or a vessel engaged
in marine passenger transportation services under Article 3 of Maritime
Transportation Act,” and subparagraph 5 (c) is newly added in that same Table
as follows:
C. A
project which the project implementer or Disposing Authority determines that
re-examination is required due to changes in the project plan that affects the
results of the safety examination, wherein the project falls under
subparagraphs 1 through 4 and item (a) or (b) of subparagraph 5 (Examination is
limited to matters that affect the results of the existing examination results)
Change Note
1 of attached Table 2-3 as follows:
1. The term “waters passed by a vessel of 100
m or more in length or a vessel engaged in marine passenger transportation
services under Article 3 of the Maritime Transportation Act” refers to waters
passed in which relevant vessel pass an average of four or more times a day,
and the scope of waters is limited to five times the length of the largest
vessel passing nearby.
Change
“vessel of 100 m or more in length” in the latter part of Note 1 of attached
Table 2-3 to “concerned vessel” and “vessel” into “a vessel or a vessel engaged
in marine passenger transportation services under Article 3 of Maritime
Transportation Act,” and newly add the following as Note 4:
4. The term “length” refers to the full length
of the concerned vessel.
Delete
attached Table 3.
Newly add
attached Tables 4-3 through 4-5 as shown in attachment.
Change “Article 45 of the Act” in subparagraph 2 (v) of the attached
Table 5 to “Article 45 (1) of the Act,” change “Article 46 (3) of the Act” in
item (w) of that subparagraph to “Article 46 (4) of the Act,” change “under
Article 46 (5) of the Act” in item (x) of that subparagraph to “in violation of
Article 46-2 (1) or (2) of the Act”, change “having” to “appointing or change
appointment of,” respectively change items (bb) through (xx) of that
subparagraph to items (ee) through (aaa), respectively change items (y) through
(aa) of that subparagraph to items (aa) through (cc), and newly add items (y)
and (z) of that subparagraph as follows:
