Article 9(Revocation of Licenses) #
(1) Where a certificated officer falls under any of the following cases, the Minister of Oceans and Fisheries may cancel his or her license, issue an order suspending the performance of his or her duties for a period of up to one year, or reprimand him or her: Provided, That this shall not apply where the Korean Maritime Safety Tribunal has initiated an adjudication of a marine accident relating to the grounds for such disposition: <Amended on Jun. 15, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020; Oct. 18, 2022>
1. When he or she serves aboard ship, in violation of Article 14;
2. When he or she fails to submit his or her COC or certificate of endorsement or to keep it within ship while serving aboard the ship as a ship officer, in violation of Article 15;
3. When he or she leases his or her COC or certificate of endorsement to others, in violation of Article 22 (1), or unlawfully uses it;
4. Where he or she commits any misconduct in performing his or her duties as a ship officer, pose danger to human life or property, or conducts a behavior to impede the conservation of a marine environment;
5. Where he or she fails to submit his or her COC within the period referred to in paragraph (4) after being subject to the suspension of service;
6. When he or she serves aboard ship during the suspension period of service;
7. Deleted; <Feb. 18, 2020>
8. Where an operator license for a power-driven water leisure craft is revoked or the validity of such license is suspended under Article 17 (1) of the Water-Related Leisure Activities Safety Act (limited to where a limited license has been issued under Article 4 (1) 3-2 or 4 under the Enforcement Decree of this Act).
(2) Where a certificated officer falls under any of the following cases, the Minister of Oceans and Fisheries shall revoke his or her license: <Amended on Mar. 23, 2013; Oct. 18, 2022>
1. Where he or she obtains his or her license by fraud or other improper means;
2. Where he or she is sentenced to imprisonment with labor or heavier punishment for committing against any other seafarer, while on duty aboard a ship, a crime specified in Articles 250, 252 through 255, 257, 258, 258-2, 259 through 262, 289 through 292, 297, 297-2, 298 through 301, 301-2, 302 through 305, 305-2, and 305-3 of the Criminal Act and such sentence becomes final;
3. Where he or she is sentenced to imprisonment with labor or heavier punishment for committing against seafarers while on duty aboard a ship any crime specified in Articles 10, 14, 14-3, and 15 of the Act on Special Cases concerning the Punishment of Sexual Crimes (limited to an attempted crime under Articles 14 and 14-3) and such sentence becomes final.
(3) Where requested by the Commissioner General of the Korea Coast Guard as a certificated officer falls under subparagraph 1 or 2 of Article 42 of the Sea Traffic Safety Act, the Minister of Oceans and Fisheries shall make a disposition in accordance with the following: Provided, That the foregoing shall not apply where the Maritime Safety Tribunal commences an inquiry into a marine accident related to the relevant cause: <Newly Inserted on Feb. 18, 2020; Apr. 13, 2021; Jul. 25, 2023>
1. Where blood alcohol content is at least 0.03 percent, but less than 0.08 percent;
(a) First violation: Suspension of business for six months
(b) Second violation, or killing or injuring another person: Revocation of a license;
2. When blood alcohol content is at least 0.08 percent: Revocation of a license;
3. Where the certificated officer has failed to comply with the demand for measurement: Revocation of a license.
(4) Where a certificated officer is sentenced to a fine or heavier punishment for failing to take the measures specified in Article 11-2 (1) or (2) of the Act on the Prevention of Damage to Ships on International Voyages from Piracy and such sentence becomes final, the Minister of Oceans and Fisheries shall revoke his or her license. <Newly Inserted on Aug. 17, 2021>
(5) Where the Minister of Oceans and Fisheries intends to revoke a license, impose a disposition suspending service or reprimand a certificated officer in accordance with paragraphs (1) through (4), he or she shall notify the relevant certificated officer of the details of such measures, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, if the certificated officer serves aboard ship as a ship officer, the Minister of Oceans and Fisheries shall notify the relevant shipowner of the same. <Amended on Mar. 23, 2013; Feb. 18, 2020; Aug. 17, 2021>
(6) A certificated officer who is notified of the revocation of his or her license or disposition suspending his or her service under paragraph (5) shall submit his or her COC to the Minister of Oceans and Fisheries within 30 days from the date of receipt of the notification. In such cases, the Minister of Oceans and Fisheries shall return the COC to the relevant certificated officer, where the suspension period of service ends. <Amended on Mar. 23, 2013; Feb. 18, 2020; Aug. 17, 2021>
(7) The period of suspension of services under paragraph (1) or (3) shall be counted from the date the relevant COC is submitted to the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Feb. 18, 2020; Aug. 17, 2021>
(8) Further detailed guidelines for administrative dispositions under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, taking into account the types and severity of such offenses and other relevant factors. <Amended on Mar. 23, 2013; Feb. 18, 2020; Aug. 17, 2021>
(9) The Commissioner General of the Korea Coast Guard shall request the Minister of Oceans and Fisheries to revoke a license of a person for whom a sentence under paragraph (2) 2 or 3 becomes final. <Newly Inserted on Oct. 18, 2022>
[This Article Wholly Amended on Jun. 15, 2011]