Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Pilotage Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Aug. 5, 2009]
Article 1-2(Ships subject to pilotage) #
(1) The types of ships that may be piloted according to the grade of pilot's license pursuant to Article 4 (3) of the Pilotage Act (hereinafter referred to as the "Act") shall be as follows: <Amended on Jul. 4, 2022; Jan. 16, 2024>
1. A Grade I pilot: Ships classified as follows:
(a) In cases of a Grade I pilot with at least 1 year of work experience: All ships;
(b) In cases of a Grade I pilot with less than 1 year of work experience: A ship with a gross tonnage of not up to 120,000 tons; provided, a dangerous cargo carrier defined in subparagraph 4 of Article 2 of the Maritime Traffic Safety Act (hereinafter referred to as "dangerous cargo carrier") shall be limited to a ship with a gross tonnage of up to 100,000 tons;
2. A Grade II pilot: A ship with a gross tonnage of up to 70,000 tons; provided, a dangerous cargo carrier shall be limited to a ship with a gross tonnage of up to 60,000 tons;
3. A Grade III pilot: A ship with a gross tonnage of up to 50,000 tons; provided, a dangerous cargo carrier shall be limited to a ship with a gross tonnage of up to 40,000 tons;
4. A Grade IV pilot: A ship with a gross tonnage of up to 30,000 tons (excluding passenger ships used for marine passenger transportation services under the Marine Transportation Act among passenger ships under that Act); provided, a dangerous cargo carrier shall be limited to a ship with a gross tonnage of up to 20,000 tons.
(2) Notwithstanding paragraph (1), a pilot with less than 1 year of work experience as a Grade I pilot and a pilot of Grade II or lower may pilot all ships in any of the following cases: <Amended on Jul. 4, 2022>
1. Where the pilot pilots a ship with another pilot with at least 1 year of work experience as a Grade I pilot;
2. Where the pilot pilots a ship in a pilotage area other than the pilotage area specified in Article 20 (1) of the Act;
3. Where the Minister of Oceans and Fisheries deems it inevitable for a pilot with less than 1 year of work experience as a Grade I or a pilot of Grade II or lower in light of the safety of ship operation and the characteristics of the operation in the pilotage area, after a resolution by the Central Pilotage Operation Council under Article 18-2 (1).
[This Article Wholly Amended on Sep. 19, 2017]
Article 1-3(Work experience requirements for pilots' licenses) #
“Persons who satisfy the work experience requirements prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 5 of the Act means the following persons:
1. A Grade I pilot: A person who has provided pilotage services at least 200 times for at least 1 year as a Grade II pilot;
2. A Grade II pilot: A person who has provided pilotage services at least 200 times for at least 1 year as a Grade III pilot;
3. A Grade III pilot: A person who has provided pilotage services at least 200 times for at least 1 year as a Grade IV pilot.
[This Article Wholly Amended on Sep. 19, 2017]
Article 2(Seagoing service experience) #
Articles 7 and 9 of the Enforcement Decree of the Ship Officers Act shall apply mutatis mutandis to the calculation of seagoing service experience and the verification thereof under subparagraph 1 of Article 5 of the Act.
[This Article Wholly Amended on Aug. 5, 2009]
Article 2-2 #
Deleted. <Jun. 29, 2006>
Article 3(Continuing education) #
“Persons prescribed by Presidential Decree, including those who have not provided pilotage services for at least 1 consecutive year immediately before applying for the renewal of their pilot’s license” in Article 6-2 (6) of the Act means any of the following persons:
1. A person who has not provided pilotage services for at least 1 consecutive year immediately before applying for the renewal of his or her pilot’s license;
2. A person whose pilot's license validity is suspended after its expiration pursuant to Article 6-2 (3) of the Act;
3. A person who has been subject to suspension of service or disciplinary action under Article 5 (2) of the Act on the Investigation of and Inquiry into Marine Accidents after causing a marine accident during the period of validity of his or her pilot’s license.
[This Article Added on Sep. 19, 2017]
Article 3-2 #
Deleted. <Jun. 25, 2024>
Article 3-3 #
Deleted. <Jun. 25, 2024>
Article 4(Pilot supply and demand plans) #
(1) A pilot supply and demand plan under Article 14 of the Act shall include the following: <Amended on Dec. 18, 2018; Jun. 25, 2024>
1. Matters regarding the increase or decrease in the number of pilots assigned to each pilotage area and the timing of such assignments;
2. Matters regarding the assignment of pilots to other pilotage areas;
2-2. Matters regarding the increase or decrease in the number of national essential pilots under Article 12-2 (1) of the Act on Maintaining Marine Transportation and Port Functions to Prepare for Emergencies, assigned to each pilotage area;
3. Other matters necessary for the supply of, and demand for, pilots.
(2) The Minister of Oceans and Fisheries shall formulate a pilot supply and demand plan by March 31 of each year. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Aug. 5, 2009]
Article 5(Administration and public announcement of examinations) #
(1) The Minister of Oceans and Fisheries shall administer an apprentice pilot examination and a pilot examination (hereinafter referred to as "examination") pursuant to Article 15 of the Act, in accordance with a pilot supply and demand plan; and if such plan is modified, a separate examination may be administered to implement the modified plan. <Amended on Mar. 23, 2013>
(2) If the Minister of Oceans and Fisheries intends to administer an examination pursuant to paragraph (1), the Minister shall publicly announce the following matters in the Official Gazette or a newspaper at least 60 days prior to the examination date: <Amended on Sep. 22, 2011; Mar. 23, 2013>
1. The number of persons to be selected by pilotage area;
2. The date, time, and venue of the examination;
3. The required documents and the submission deadline;
4. Matters regarding the refund of examination fees;
5. Other matters necessary for the administration of the examination.
[This Article Wholly Amended on Aug. 5, 2009]
Article 6(Submission of examination application forms) #
(1) A person who intends to apply for an examination shall submit an application form to the Minister of Oceans and Fisheries, as prescribed by Decree of the Ministry of Oceans and Fisheries. In such cases, a person who intends to apply for an apprentice pilot examination shall attach documents proving his or her seagoing service experience specified in subparagraph 1 of Article 5 of the Act. <Amended on Sep. 22, 2011; Mar. 23, 2013>
(2) If a person who has paid an examination fee withdraws his or her intention to take the examination, the Minister of Oceans and Fisheries shall fully or partially refund the examination fee, as prescribed by Decree of the Ministry of Oceans and Fisheries. <Added on Sep. 22, 2011; Mar. 23, 2013>
[This Article Wholly Amended on Aug. 5, 2009]
Article 7(Apprentice pilot examinations) #
(1) An apprentice pilot examination under Article 15 of the Act shall consist of a written examination and an interview, which shall be conducted only for those who have passed the written examination.
(2) A written examination shall, in principle, be conducted in the form of an essay, but may include short-answer questions.
(3) The subjects of an apprentice pilot examination and the point allocation percentages shall be as specified in Appendix 1.
(4) The Minister of Oceans and Fisheries shall determine the successful candidates of a written examination by adding the additional points for seagoing service experience, as specified in Appendix 2, to the scores of those who have obtained at least 40 percent of the full score in each subject and at least 60 percent of the total score in all subjects, ranking them in descending order, and selecting those who fall within 110 percent of the number of candidates to be selected, as publicly announced pursuant to Article 5 (2). <Amended on Mar. 23, 2013; Jul. 4, 2022>
(5) A person who intends to apply for an interview shall submit a document verifying that he or she has passed the initial physical examination under Article 8 (1) of the Act.
(6) The Minister of Oceans and Fisheries shall determine successful candidates of an interview, taking into consideration the number of pilotage in-service trainees, from among those who have obtained at least 40 percent of the full score in each subject and at least 60 percent of the total score in all subjects, in the order of the highest total score, within the number of candidates to be selected, as publicly announced pursuant to Article 5 (2). <Amended on Mar. 23, 2013; Jul. 4, 2022>
(7) If at least 2 persons have obtained the same score in determining successful candidates under paragraphs (4) and (6), the person with the longer seagoing service experience shall be selected as a successful candidate.
(8) A person who fails the interview shall be exempt from the written examination only in the next examination session.
[This Article Wholly Amended on Aug. 5, 2009]
Article 8(Pilot examinations) #
(1) A pilot examination under Article 15 of the Act shall consist of an interview and a practical examination, which may be conducted using ship simulation equipment.
(2) The subjects of each examination under paragraph (1) and the point allocation percentages shall be as specified in Appendix 3.
(3) The Minister of Oceans and Fisheries shall determine the successful candidates for a pilot examination in order of total score, from among those who have obtained at least 40 percent of the full score in each subject and at least 60 percent of the total score in all subjects. <Amended on Mar. 23, 2013>
(4) The Minister of Oceans and Fisheries may allow a person who has failed to pass a pilot examination to reapply for such examination after undergoing practical pilotage training in the same pilotage area where he or she previously received such training, for a fixed period not exceeding 3 months. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Aug. 5, 2009]
Article 9(Public announcement of successful candidates) #
After administering an examination, the Minister of Oceans and Fisheries shall publicly announce the successful candidates and issue a certificate of passing the examination to them. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Aug. 5, 2009]
Article 10 #
Deleted. <Nov. 14, 2002>
Article 10-2(Exceptions to prohibition of discriminatory pilotage) #
“Cases falling under any ground prescribed by Presidential Decree” in subparagraph 3 of Article 18-2 of the Act means the following cases:
1. Where it is necessary to adjust the order of entry and departure in order to efficiently allocate the positions of ships based on the circumstances of port facilities;
2. Where it is necessary to maintain order within a port due to unavoidable reasons, such as an oil spill or circumstances requiring investigation.
[This Article Wholly Amended on Sep. 19, 2017]
Article 10-3 #
Deleted. <Aug. 5, 2009>
Article 11(Selection of pilots by pilotage users) #
A pilotage user may select a specific pilot in the relevant pilotage area to conduct pilotage.
[This Article Wholly Amended on Aug. 5, 2009]
Article 12 #
Deleted. <Jun. 29, 2006>
Article 13 #
Deleted. <Jun. 29, 2006>
Article 14 #
Deleted. <Jun. 29, 2006>
Article 15 #
Deleted. <Jun. 29, 2006>
Article 16 #
Deleted. <Jun. 29, 2006>
Article 17 #
Deleted. <Jun. 29, 2006>
Article 18 #
Deleted. <Jun. 29, 2006>
Article 18-2(Composition of pilotage operation councils) #
(1) Pilotage operation councils under Article 34-2 of the Act (hereinafter referred to as "council") may be organized and operated by classifying them into the Central Council and regional councils established by each pilotage area. <Amended on Sep. 19, 2017>
(2) The Central Council shall consist of 9 members, including 1 chairperson and 1 vice-chairperson, elected among and by its members, and the members shall be commissioned by the Minister of Oceans and Fisheries from among the following persons: <Amended on Sep. 22, 2011; Mar. 23, 2013>
1. Three representatives of pilotage users (including 2 persons recommended by shipowners’ organizations and 1 person recommended by shippers’ organizations);
2. Three representatives of pilots recommended by pilots' organizations;
3. Two marine and port experts recommended by agreement between the representatives of pilotage users and the representatives of pilots;
4. One person with extensive knowledge of and experience in the field of fair trade recommended by agreement between the representatives of pilotage users and the representatives of pilots.
(3) A regional council shall consist of an odd number of members, up to 9, including 1 chairperson and 1 vice-chairperson, elected among and by its members; and the members shall be commissioned by the administrator of the competent regional office of oceans and fisheries or by the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), from among the following persons; in such cases, the number of persons specified in subparagraphs 1 and 2 shall be the same, and the persons specified in subparagraph 4 shall be ex officio members: <Amended on Sep. 19, 2017>
1. The representatives of pilot users in the relevant pilotage area;
2. The representatives of pilots in the relevant pilotage area;
3. Two marine and port experts recommended by agreement between the representative of pilotage users under subparagraph 1 and the representative of pilots under subparagraph 2;
4. A public official in charge of port operation designated by the administrator of the competent regional office of oceans and fisheries or the competent Mayor/Do Governor.
[This Article Wholly Amended on Aug. 5, 2009]
Article 18-3(Duties of chairpersons of councils) #
(1) The chairperson of a council shall represent the council and have general supervision and control of its affairs.
(2) The vice-chairperson of a council shall assist the chairperson, and if the chairperson is unable to perform his or her duties due to any unavoidable cause, the vice-chairperson shall act on behalf of the chairperson.
[This Article Wholly Amended on Aug. 5, 2009]
Article 18-4(Functions of councils) #
(1) Matters subject to consultation by the Central Council shall be as follows:
1.Matters regarding the determination of demand for pilots;
2. Matters regarding the determination of pilotage dues and pilot boat charges;
3. Matters regarding the enactment and amendment of the operating regulations of councils;
4. Matters regarding guidance and support for regional councils;
5. Matters regarding the requirements for selecting a specific pilot by a pilotage user, if required to do so;
6. Other matters regarding the operation of pilotage services.
(2) Matters subject to consultation by a regional council shall be as follows:
1. Matters regarding the demand for pilots in the competent pilotage area;
2. Matters regarding the calculation of pilotage dues and pilot boat charges in the competent pilotage area;
3. Matters concerning the methods of engaging pilots;
4. Other matters regarding the operation of pilotage services.
[This Article Wholly Amended on Aug. 5, 2009]
Article 18-5(Meetings of councils) #
(1) Meetings of a council shall be convened by its chairperson, either if deemed necessary by the chairperson or at the request of a majority of its members.
(2) A majority of the members of a council shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
[This Article Wholly Amended on Aug. 5, 2009]
Article 18-6(Operating regulations of councils) #
The operating regulations of a council referred to in Article 18-4 (1) 3 shall include the following:
1. Methods of electing council members and their terms of office;
2. Matters necessary for the efficient performance of the functions of a council;
3. Other matters regarding the operation of pilotage services.
[This Article Wholly Amended on Aug. 5, 2009]
Article 19(Delegation of authority) #
(1) Pursuant to Article 37 (1) of the Act, the Minister of Oceans and Fisheries shall delegate the following authority over national trade ports specified in Article 3 (2) 1 of the Harbor Act among trade ports to the administrator of the competent regional office of oceans and fisheries, and the following authority over regional trade ports specified in Article 3 (2) 2 of the Harbor Act among trade ports to the competent Mayor/Do Governor, respectively: <Amended on Mar. 23, 2013; Sep. 19, 2017; Dec. 18, 2018; Jun. 25, 2024>
1. Granting of pilot’s licenses, registration of such granting, issuance and reissuance of pilot’s licenses, and change of entries therein under Article 4 of the Act;
1-2. Renewal of pilot’s licenses under Article 6-2 (2) and (4) of the Act;
1-3. Deleted; <Jun. 25, 2024>
1-4. Extension of the retirement age for pilots under the proviso of Article 7 (1) of the Act;
2. Revocation of pilot’s licenses, suspension of services, holding of hearing, notification of disposition details, and recovery of pilot’s licenses under Article 9 of the Act;
3. Exemption from compulsory pilotage under Article 20 (2) of the Act;
3-2. Public notice of procedures for safe pilotage under Article 25 (2) of the Act;
4. Acceptance of reports and inspections under Article 29 of the Act;
5. Imposition and collection of administrative fines under Article 41 of the Act.
(2) Pursuant to Article 37 (2) of the Act, the Minister of Oceans and Fisheries may entrust the following business affairs to the Korea Institute of Maritime and Fisheries Technology established under the Korea Institute of Maritime and Fisheries Technology Act or to a non-profit corporation established with permission from the Minister of Oceans and Fisheries pursuant to Article 32 of the Civil Act, for the purpose of performing pilotage services: <Added on Sep. 19, 2017; Jul. 4, 2022>
1. Provision of education under Article 6-2 (5) of the Act;
2. Provision of continuing education under Article 6-2 (6) of the Act;
3. Administration of apprentice pilot examinations and pilot examinations under Article 15 of the Act.
(3) When the Minister of Oceans and Fisheries entrusts business affairs pursuant to paragraph (2), the Minister shall publicly announce the name of the entrusted corporation, the details of the entrusted business affairs, and other relevant information on the website of the Ministry of Oceans and Fisheries. <Added on Sep. 19, 2017>
Article 20(Criteria for Imposition of Administrative Fines) #
The criteria for the imposition of administrative fines under Article 41 (1) of the Act shall be as specified in Appendix 4.
[This Article Wholly Amended on Aug. 5, 2009]