1. Reasons for Amendment

Even though the water leisure environment is rapidly changing due to the increase in the water leisure activity population, the expansion of the water leisure base, etc., the current legislation made it difficult to respond flexibly to the changing water leisure environment due to insufficient regulations such as safety management standards, insurance management, etc.

In addition, since the current law was enacted in 1999, the provisions have become complicated while going through several amendments, and it is difficult for the public to easily understand due to the lack of consistency in the legal system.

Accordingly, the Water-related Leisure Activities Safety Act was completely revised (Act No. 18958, to be Promulgated on June 10, 2023, and Enforced on June 11, 2023) as follows: Matters concerning the registration and inspection of powered water-related leisure craft are separated from the current law and enacted into a separate law, while regulations on the establishment of a basic plan for water-related leisure safety management are newly inserted, and new matters such as water-related leisure safety management and insurance management are reflected. Thus, this amendment prescribes matters delegated to the Presidential Decree and matters necessary for its enforcement.

2. Major Provisions

A. Procedures for establishing a basic plan for water-related leisure safety management, etc. (Article 3)

1) Prepare the basis for consulting with the heads of the relevant central administrative agencies and regional local governments when formulating a basic plan every five years, and requesting cooperation to submit data if necessary.

2) Stipulate that public hearings, etc. may be conducted in the process of establishing the basic plan if necessary, and the obligation to make the basic plan public after establishing it.

B. Supplement some inadequacies in the operation of the operator license and license examination system (Articles 4, 8, 9)

1) Classify standards for 1st and 2nd degree general operator licenses by the ability to operate an engine-powered water leisure craft of 12 meters or more (Article 4).

2) Prepare applicable provisions to substitute to an oral examination where it is not possible to take a written test due to the inability to read and write, and in order to secure the public confidence and credibility in the national qualification examination, in the case of failure to pass the written examination, it shall be retaken one day later, and in the case of failure to pass the practical examination, it shall be retaken two days later (Articles 8 and 9).

C. Related to the criteria for designation of Educational Institutions Granting Exemption from License Examination, Entrusted Institutions of Water-related Safety Education, and examination agencies (Articles 11, 16, 18)

1) Stipulate qualification requirements so that public agencies or local governments that promote water leisure activation projects, and also schools under Article 2 of the Higher Education Act that establish and operate departments under Article 10 (2) can become agencies for water leisure-related work (Article 1 (1), etc.).

2) Clarify the standing signboard standards to be established by entrusted institutions and agencies in order to secure the credibility and clarity of State business agencies (Attached Table 6 (3) g).

D. Change to the report system those activities outside the operating area of engine-powered water leisure crafts (Article 21)

Relax to reporting what in the past had to be permitted by the chief of the local coast guard station in the event of moving within 500 meters of an engine-powered water leisure craft that is designated to be operated beyond the coastal area.

E. Safety inspection procedures, etc. for water-related leisure business site (Article 26)

Publicly disclose the purpose, date, etc. of the safety inspection prior to conducting a safety inspection, and if the results of the safety inspection are disclosed to the public to secure the effectiveness of the safety inspection, they shall be disclosed on the Internet website for at least two months.

F. Establishment, operation, etc. of the computer network for subscription management, such as insurance, etc. (Article 34)

The Commissioner of the Korea Coast Guard shall perform duties such as establishing, distributing, operating, etc. a database on insurance-related information to establish and operate a computer network for subscription management, such as insurance, etc. and may request insurance companies or the insurance association, etc. to provide information such as the status of insurance or cooperative subscription, status changes, etc.