Article 9(Revocation of Licenses) #
(1) Where a pilot falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke his or her license or suspend his or her performance of services for a specified period not to exceed six months: Provided, That if a pilot falls under subparagraph 1, 2-2, or 3, the Minister shall revoke the license: <Amended on Dec. 29, 2009; Jun. 15, 2011; Mar. 23, 2013; May 22, 2013; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017; Feb. 18, 2020>
1. Where he or she is found to have obtained the pilot's license by fraud or other improper means;
2. Where he or she has piloted a ship other than the ship that he or she has been qualified to pilot according to his or her grade of license, in violation of Article 4 (3);
2-2. Where he or she allows other persons to use his or her name or lends his or her license, in violation of Article 5-2 (1);
3. Where he or she has become disqualified under the subparagraphs of Article 6;
4. Where he or she has failed to receive a regular physical examination under Article 8 (2);
5. Where he or she has fallen short of the criteria for passing the physical examination under Article 8 (3);
6. Where he or she has refused to comply with a request for pilotage without good cause, in violation of Article 18 (2);
7. Where he or she has discriminately performed pilotage, in violation of Article 18-2;
8. Where he or she has caused a marine accident (referring to the marine accident under subparagraph 1 of Article 2 of the Act on the Investigation of and Inquiry into Marine Accidents) while performing pilotage: Provided, That where the marine accident has occurred as a result of any acts of God, this shall not apply;
9. Where he or she has performed pilotage while he or she has been suspended from performing pilotage services;
10. Where he or she has piloted a ship while intoxicated, in violation of Article 41 (1) of the Maritime Safety Act, or has not complied with a request made by a police officer of the Korea Coast Guard, in violation of paragraph (2) of the same Article;
11. Where he or she has piloted a ship while being in a state where he or she was unlikely to perform such act normally under the influence of a drug or hallucinogenic substance, in violation of subparagraph 2 of Article 41-2 of the Maritime Safety Act.
(2) When the Minister of Oceans and Fisheries intends to revoke a license pursuant to paragraph (1), he or she shall hold a hearing. <Amended on Mar. 23, 2013>
(3) Where the Minister of Oceans and Fisheries has taken measures, such as revocation of a license or suspension of performance of pilotage services, as prescribed in paragraph (1), he or she shall notify the relevant pilot of the details thereof. In such cases, a pilot who has been notified shall return the license to the Minister of Oceans and Fisheries within 30 days. <Amended on Mar. 23, 2013>
(4) In cases of paragraph (1) 8, the Minister of Oceans and Fisheries shall not take measures prescribed in paragraph (1) where the marine accident in question is pending before a marine safety inquiry under the Act on the Investigation of and Inquiry into Marine Accidents. In such cases, when the Minister of Oceans and Fisheries recognizes that the accident is so serious that it is improper to have the pilot continue pilotage services, he or she may suspend performance of pilotage services by the relevant pilot for a period not to exceed four months. <Amended on Mar. 23, 2013>
(5) The period of suspension of pilotage services referred to in paragraph (1) shall be calculated from the date on which the license is returned to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>
(6) Detailed standards for the administrative measures referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, taking into account the type, extent, etc. of the relevant violation. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Feb. 6, 2009]