1. Reason for enactment
A strategic response is required by Korea in order to preemptively occupy the world-standard technologies related to autonomous ships in order to maintain its status as a traditional shipbuilding and maritime powerhouse, as it possesses world-class technologies in the field of IT and electronics, which are essential to the Fourth Industrial Revolution. To that end, a new Act has been enacted to promote the development and commercialization of autonomous ships (Law No. 19909; promulgated on January 2, 2024). The proposed Enforcement Decree is designed to provide the matters delegated by the Act and the matters necessary for their enforcement, including the promotion of the technology development and commercialization of autonomous ships, their operating waters, and the provision of administrative and financial support.
2. Main contents
a. Procedures for developing and modifying basic plans (Article 2 of the draft)
The basic plan developed every five years to promote the development and commercialization of autonomous ships will include matters related to the designation of their operating areas and the basic direction of operation, the operation and support of the performance verification centers, and other matters deemed necessary by the Minister of Trade, Industry and Energy and the Minister of Oceans and Fisheries. The related agencies should be notified whenever other less significant matters are prescribed or other minor modifications are made.
b. Procedures for developing enforcement plans (Article 3 and Article 4 of the draft)
It provides that the Minister of Trade, Industry and Energy should consult with the heads of the relevant administrative agencies, including the Minister of Oceans and Fisheries, when developing a development and implementation plan; whereas the Minister of Oceans and Fisheries should develop an implementation plan for the promotion of dissemination after consulting with the heads of the relevant administrative agencies, including the Minister of Trade, Industry and Energy.
c. Survey on the status of autonomous ships (Article 5 of the draft)
It provides the criteria for selecting the survey targets, the timing and method of the survey, and the targets of the status survey when the Minister of Trade, Industry and Energy and the Minister of Oceans and Fisheries conduct a status survey.
d. Organization and operation of the Policy Committee (Article 6 of the draft)
It provides the matters that require deliberation and resolution of the Autonomous Ships Policy Committee, the committee's composition including members of the government, the term of office of private-sector members (2 years), the committee's operating procedures, and the composition and operation of any working-level sub-committees.
e. Notification of operational areas of autonomous ships and assessment of their operational performance (Articles 7 to 8 of the draft)
The Enforcement Decree provides the matters to be included when the Minister of Oceans and Fisheries notifies the operating areas. It also provides the obligation to notify the competent city mayors or provincial governors related to the relevant contents of their designation, modification, or termination and the method, timing, and items for assessing the operational performance of the operating areas.
f. Autonomous ships Performance Demonstration Center (Article 9 of the draft)
The Enforcement Decree provides that the Minister of Trade, Industry and Energy and the Minister of Oceans and Fisheries may designate an institution or organization suitable for performance verification services as performance demonstration center and provide financial support. The Decree also stipulates the tasks to be performed by the performance demonstration center.
g. Deployment of a maritime logistics system based on autonomous ships (Article 10 of the draft)
It provides the matters related to the deployment of a maritime logistics system based on autonomous ships.
h. Administrative and Financial Support (Article 11 of the draft)
It provides the matters to be considered by the Minister of Trade, Industry and Energy and the Minister of Oceans and Fisheries when providing administrative and financial support for autonomous ships.
i. Promotion of R&D projects (Article 12 of the draft)
It provides the target areas that the Minister of Trade, Industry and Energy or the Minister of Oceans and Fisheries may promote for research and development projects related to autonomous ships.
j. Training of specialized personnel (Article 13 of the draft)
It provides the scope within which the Minister of Trade, Industry and Energy or the Minister of Oceans and Fisheries may support the training of specialized personnel related to autonomous ships.
k. International cooperation and advancement into overseas markets (Article 14 of the draft)
It provides the matters related to institutions or organizations that are eligible for support for international cooperation and overseas expansion.
l. Functions of associations, etc. (Article 15 of the draft)
It specifies the functions and services that associations, etc. may conduct.
m. Authorization or approval of operations (Article 16 of the draft)
It provides the matters required when applying for pilotage or verification of autonomous ships.
n. Expedited confirmation of regulations, delegation of authority, service support, and penalties (Articles 17 to 20 of the draft)
It provides the matters required when an entity or person who intends to operate an autonomous ships requests an expedited confirmation of the regulations by the Minister of Oceans and Fisheries; the target organizations to which the Minister of Trade, Industry and Energy or the Minister of Oceans and Fisheries may entrust services or duties and other related matters; the target organizations that are eligible for operational support and the basis for their financial support; and the criteria for imposing fines or penalties.
