Reasons for Proposal
While the current Maritime Safety Act defines the establishment and enforcement of the safety management system of vessels, it has been pointed out that the roles and responsibility of those who implement the safety management system such as the shipmaster, shipowner, safety management personnel, and safety examination agent are not clearly defined in law, and the expertise of safety management personnel and safety managers appointed to enforce the safety management system is not sufficient.
In this regard, this Act aims to clearly define the roles and responsibility of those who implement the safety management system, introduce the ship safety manager system to ensure the expertise of safety management personnel, and amend the Maritime Safety Act to promote the practical effectiveness of the safety management system.
Details
A. Newly insert shipmasters’ authority to request action from shipowners and the compliance order system (Article 45 paragraphs 2 and 3)
Newly insert the obligations of shipowners to take action if requested by shipmasters to service or repair vessels and their components for the safe management of vessels, and the basis for the Minister of Oceans and Fisheries to issue a compliance order if shipowners do not take such action.
B. Newly insert the compliance order system for shipowners’ obligations and non-compliance (Article 46-2 newly inserted)
1) Amend appointment conditions requiring the shipowner to appoint safety management personnel and the safety manager from only those with a ship safety manager qualification (Article 46-2 paragraph 1 newly inserted).
2) Newly insert obligations for the shipowner to appoint other safety management personnel before the current personnel are fired or quit their job so that such positions do not remain vacant and report the safety management personnel who are appointed, dismissed, and quit their job (Article 46-2 paragraphs 2 and 3 newly inserted).
3) Explicitly state the overall responsibilities of the shipowner to take safety management action in vessels and companies and their obligations to support, guide, and oversee the safety management roles of safety management personnel or the safety examination agent entrusted to establish and implement the safety management system, and newly insert the basis for the Minister of Oceans and Fisheries to issue a compliance order if the shipowner does not fulfill such obligations (Article 46-2 paragraphs 4 and 5 newly inserted).
C. Newly insert the obligations of safety management personnel and the compliance order system (Article 46-3 newly inserted)
1) Explicitly state the roles of safety management personnel in law and define their obligations to perform such roles in good faith, since the roles of safety management personnel are not clearly defined while the current Maritime Safety Act defines shipowners’ obligations to appoint safety management personnel and safety managers (Article 46-3 paragraphs 1, 2, and 6).
2) Newly insert obligations requiring safety management personnel and safety managers to receive education and training on a periodic basis (Article 46-3 paragraph 3 newly inserted).
3) Define the obligations of safety management personnel to immediately request action from the shipowner if they are aware of any violation against the safety management system or the Maritime Safety Act, and inform the Minister of Oceans and Fisheries (including the safety examination agent if they are under the safety examination agent) of such act if the shipowner does not take requested action (Article 46-3 paragraph 4 newly inserted).
4) Introduce the shipowner's obligations to take action requested by safety management personnel and ban the shipowner from putting safety management personnel at a disadvantage for requesting such action (Article 46-3 paragraph 5 newly inserted).
5) Define the basis for the Minister of Oceans and Fisheries to issue a compliance order when safety management personnel inadequately engage in their roles, or request the shipowner (entrusted safety examination agent) to replace such safety management personnel (Article 46-3 paragraphs 6 and 7 newly inserted).
D. Newly insert the provisions concerning the penalty surcharge for a recognized organization for the safety management system (Article 48 paragraph 7 newly inserted)
While the current Act only defines designation cancellation or suspension of business operation for a recognized organization for the safety management system, introduce penalty surcharges to resolve any inconvenience caused by the organization's suspended business operation or replace suspension of business operation for the public interest but impose up to 500 million won in such penalty surcharges.
E. Introduce the ship safety manager qualification system (Chapter 5 Section 3 newly inserted)
1) Introduce the ship safety manager system to effectively and professionally conduct maritime safety and safety management in vessels and companies, and define the scope of work and reasons for disqualification of the ship safety manager (Article 61-2 newly inserted).
2) Allow applicants to obtain a ship safety manager qualification by passing a qualification exam held by the Minister of Oceans and Fisheries, and newly insert the basis for how to handle reasons to be exempted from the qualification exam and cheating on the exam (Article 61-3 paragraphs 1 and 2).
3) Specify the grounds to cancel or suspend those who obtain a ship safety manager qualification, and newly insert a hearing in case of qualification cancellation (Article 61-3 paragraph 3 and Article 98 subparagraph 6 newly inserted).
4) Ban those who acquire a ship safety manager qualification from lending their qualification or allowing others to use their qualification, and prohibit the use of any job title similar to ship safety manager (Article 61-4 newly inserted).
