Domestic ship owners have secured the safety of vessels and crewmen by executing contracts with private maritime special security business entities and taking marine special security guards on board. However, with the implementation of the 「Act on Prevention of Damage to Ships on International Voyages from Piracy」(the “Act on Prevention of Damage from Piracy”) on December 28, 2017, domestic maritime special security business entities to take marine special security guards on board need to get approval from the Oceans and Fisheries Minister under Article 16(1) of the Act on Prevention of Damage from Piracy, while foreign business entities need to get approval from the Oceans and Fisheries Minister under Article 24(1) of the Act on Prevention of Damage from Piracy.

DR & AJU’s client is a private maritime special security business entity having its head office in a foreign country, which had to get approval from the Ministry of Oceans and Fisheries according to Article 24(1) of the Act on Prevention of Damage from Piracy. Thus, the client was asked to “secure more than one Korean maritime special security guard per team that carries out maritime special guard services,” which was one of the approval requirements for domestic maritime special security business entities requested by the Ministry of Oceans and Fisheries.

On the basis of reasonable interpretation of the enacted law, DR & AJU provided the client with advice that according to the Act on Prevention of Damage from Piracy, foreign maritime special security business entities are also asked to submit documents complying with the approval requirements specified in Article 16 of the above Act, just as it applies to domestic maritime special security business entities Therefore, in principle, “maritime special security business entities shall secure more than one Korean maritime special security guard per team”, but considering that at present, the number of Korean crewmen on board on international voyages is decreasing, crewmen who speak English are on board, certificates relating to authorization or approval that have been already issued in their own countries are being approved as a supplement, and there are no such regulations in the United States, the United Kingdom, Norway, Italy, Greece, Japan and Germany, the corresponding requirement shall be applied more flexibly.

As domestic maritime special security business entities are expected to be jumbled up due to the increasing danger by the Somali pirates in the Gulf of Aden, DR & AJU’s provision of legal advice on the Act on Prevention of Damage from Piracy as the first Korean law firm is meaningful.