Korea’s Amendment to the Act on the Arrival, Departure, etc. of Ships: Korean Shipping Law

Korean Shipping Law and Business

Dangerous substances, illegal substances and other controlled substances are believed, in Korea, to be more often transported by ships into Korean waters. Thus, the Korean government has amended the Korean Shipping Law.

To, among other things, increase transparency of what is being shipped, the Korean Act on the Arrival, Departure, etc. of Ships (hereinafter as “Act on Ships” or “Korean Shipping Act”) was amended. The Korean Act on Ships, in general, establishes regulations concerning the arrival and departure of ships, as well as sets up safety measures in Korea. The Amendment was proposed in December of 2018. The Amendment was proposed by the Chair of the Agriculture, Food, Rural Affairs, Oceans and Fisheries Committee. Korean Shipping Act stipulates that shipping companies, that share the same shipping route and transport dangerous products, shall share accurate information.

The Amended Korean Shipping Act shall become effective from July 2019.

Overview of the Amendment to the Act on Ships in the Republic of Korea

According to Art. 1 the purpose of the Korean Act on Ships is “…to prescribe matters necessary to support the arrival and departure of ships in the water zone, etc. of trade ports and to maintain the safety and order of ship operation.“

The Amendment focuses on Art. 32 (1) Act on Ships, which currently states that “Any person who intends to bring any dangerous substance into the water zone, etc. of a trade port shall report such intention to the Minister of Oceans and Fisheries…”. A new paragraph 4 shall be added, which stipulates that “An operator of a passenger marine transport service, an international logistics brokerage, a shipping agency, etc. shall notify a person who is obliged to file a report on any dangerous substance(s), […] of any dangerous substance(s) the person will be carrying.”

A filed report under this Act on Ships has to be accepted by the Korean Minister of Oceans and Fisheries, if the details in the report provided are deemed appropriate. A person who fails to file such a report can be punished with a fine up to KRW 2,000,000.

We shall update the reader when more becomes available on this amended Korean Shipping Act.

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