Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Ship Officers Act and matters necessary for the enforcement thereof. <Amended on May 25, 2007; Mar. 24, 2015>
Article 2(Definitions) #
The terms used in this Decree are defined as follows: <Amended on Jan. 29, 1991; Aug. 23, 1994; Dec. 23, 1994; Aug. 8, 1996; Feb. 24, 1998; Sep. 12, 1998; Aug. 10, 2001; Sep. 30, 2005; May 25, 2007; Sep. 28, 2007; Feb. 29, 2008; Feb. 22, 2012; Mar. 23, 2013; Mar. 24, 2015; Feb. 29, 2016; Jul. 11, 2017; Oct. 17, 2023>
1. The term "coastal waters" means the following sea areas:
a. Sheltered water and inland water areas defined in Article 2(1)3a of the Enforcement Decree of the Ship Safety Act;
b. Near-coastal areas defined in Article 2(1)3b of the Enforcement Decree of the Ship Safety Act;
c. Sea areas north of a line connecting a point 20 miles from the southern tip of Jeju-do and the intersecting point of 29 degrees 40 minutes north latitude and 122 degrees east longitude;
2. The term "ocean waters" means all sea areas;
2-2. The term "unlimited waters" means overseas waters defined in subparagraph 10 of Article 2 of the Distant Water Fisheries Development Act;
2-3. The term "limited waters" means waters, other than the unlimited waters defined in subparagraph 2-2;
3. The term "merchant ship" means a ship, other than a fishing vessel defined in subparagraph 4;
4. The term "fishing vessel" means a fishing vessel defined in subparagraph 1 of Article 2 of the Fishing Vessels Act (excluding a vessel engaged in transporting catches as it plies between a domestic port and a foreign port, or between foreign ports);
5. The term "small ship" means a ship with a gross tonnage of less than 25 tons;
6. The term "naval ship or coast guard ship" means a military ship or police ship;
7. Deleted; <Aug. 11, 2020>
8. The term "graduate-to-be" means a person in the final year of education at a recognized education and training institute required for completing a course of study under relevant statutes;
9. The term "pre-completion student" means a person who has completed at least 80/100 of educational hours of an educational course, school year, or course at a recognized education and training institute;
10. The term "main-engine propulsion power" means the total maximum continuous rated output of all main engines of a ship.
Article 3(Scope of ships) #
"Ships prescribed by Presidential Decree" in subparagraph 1c of Article 2 of the Ship Officers Act (hereinafter referred to as the "Act") means any of the following ships: <Amended on Aug. 10, 2001; Feb. 22, 2012; Mar. 24. 2015; Oct. 17, 2023>
1. Barges under Article 1-2(1)3 of the Ship Act;
2. Ships with a gross tonnage of less than 500 tons among moored ships.
Article 3-2(Facilities of automated ships) #
(1) "Automatic operating equipment" in subparagraph 5 of Article 2 of the Act means the equipment prescribed in Appendix 1 based on the types of automated ships. <Amended on Feb. 22, 2012>
(2) If the shipowner has fitted the ship with automated ship facilities referred to in paragraph (1) or has modified any of the facilities, he or she shall file an application for recognition of an automated ship with the Director General of the competent Regional Office of Oceans and Fisheries, as prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Dec. 23, 1994; Aug. 8, 1996; May 24, 1997; Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015>
(3) Where the Director General of a Regional Office of Oceans and Fisheries in receipt of an application for recognition of an automated ship filed under paragraph (2) deems that such ship is fitted with the facilities prescribed in Appendix 1 after inspecting such facilities, he or she shall issue the shipowner a certificate based on to the type of automated ships. <Amended on Dec. 23, 1994; Aug. 8, 1996; May 24, 1997; Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015>
(4) Where the facilities of an automated ship recognized under paragraph (2) fail to meet any of the standards, the shipowner shall return the certificate issued under paragraph (3) to the Director General of the Regional Office of Oceans and Fisheries who recognized such facilities. <Amended on May 24, 1997; Feb. 29, 2008; Jan. 6, 2015>
[This Article Added on Jan. 29, 1991]
Article 4(limited licenses) #
(1) Limited licenses under the latter part, with the exception of the subparagraphs, of Article 4(2) of the Act shall be classified as follows: <Amended on Feb. 14, 2011; Apr. 22, 2013; Mar. 24. 2015; Jul. 11, 2017; Oct. 17, 2023; Dec. 17, 2024>
1. A certificated officer's license (hereinafter referred to as "license") shall be classified into a merchant ship officer's license restricting the holder to work only on board a merchant ship and a fishing vessel officer's license restricting the holder to work only on board a fishing vessel:
a. A first to sixth class deck officer’s license; provided, this shall be limited to where the holder works on board a service ship (referring to a service ship defined in subparagraph 8 of Article 2 of the Seafarers' Act);
b. A fifth or sixth class engineer officer’s license (limited to a license obtained pursuant to article 16 (5) or (6));
c. A sixth class engineer officer’s license (limited to a license obtained with any of the following seagoing service):
1) At least one year of seagoing service aboard a ship with a main-engine propulsion power of at least 500 kilowatts;
2) At least 2 years of seagoing service aboard a ship with a main-engine propulsion power of at least 150 kilowatts but less than 500 kilowatts;
2. A special ship license granted to the holder of a fifth or sixth class deck officer’s license or fifth or sixth class engineer officer’s license to work only on board a ship used for a special use, such as a submarine drill ship, ship for ocean exploration, or dredger;
3. A license for specific waters granted to the holder of a fifth or sixth class deck officer’s license or fifth or sixth class engineer officer’s license to work only on board a ship sailing only specific waters, such as a lake, river, or domestic port not requiring international communications;
3-2. A motor boat and motor yacht license granted to the holder of a sixth class deck officer’s license or sixth class engineer officer’s license to work only on board a motor boat or motor yacht with a gross tonnage not exceeding 55 tons, among the power-driven water leisure crafts permitted under the Water-Related Leisure Activities Safety Act;
3-3. A mobile offshore drilling unit license granted to the holder of electro-technical officer's license to work only on board a mobile offshore drilling units;
4. A yacht license granted to the holder of a small ship operator's license (limited to those issued to the holders of an operator license of power-driven water leisure craft under the Water-Related Leisure Activities Safety Act) to work only on board a yacht, and a motorized water leisure craft license granted to the same person to work only on board a motorized water leisure craft excluding a yacht;
Article 4-2(Major fields of operating officer’s licenses) #
Major fields of operating officer’s licenses referred to in Article 4(4) of the Act shall be deck major and engine major.
[This Article Wholly Amended on Aug. 10, 2001]
Article 5(Education for obtaining licenses) #
(1) Persons required to complete education and training pursuant to Article 5(1)4 of the Act are as follows: <Amended on Feb. 24, 1998; Aug. 10, 2001; May 25, 2007; Feb. 14, 2011; Mar. 24. 2015>
1. A person who intends to obtain the following license without completing a certificated officer training course for relevant occupational category at a recognized education and training institute; provided, this shall not apply where he or she holds a license of a grade immediately lower than the license that he or she intends to obtain:
a. A third to sixth class deck officer;
b. A third to sixth class engineer officer;
c. A first to fourth class radio officer);
2. A person who intends to obtain a small ship operator's license by passing written or practical skill examinations pursuant to Article 12(3) and (5);
3. A person who intends to obtain a sixth class deck officer’s license, sixth class engineer officer’s license, or small ship operator's license after being fully or partially exempt from the written examination subjects pursuant to Article 13(4);
4. A person who intends to obtain a license by passing an interview pursuant to Article 14(1);
5. A person who intends to obtain a license pursuant to Article 14-2(2);
6. A person who intends to obtain a WIG craft operator's license.
(2) Courses of, and periods for, the education and training under paragraph (1), details thereof, and other necessary matters shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Aug. 10, 2001; Feb. 29, 2008; Mar. 23, 2013>
(3) The period during which a person who passed an examination for certificated officers conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "examination") under Article 5(1)1 of the Act fulfills his or her military duties under the Military Service Act before obtaining a license shall not be included in the period referred to in Article 5(1)1 of the Act. <Amended on Aug. 23, 1994; May 25, 2007; Feb. 29, 2016>
Article 5-2(Seagoing service for license) #
The seagoing service for a license based on the occupational categories and classes referred to in Article 5 of the Act (including seagoing service on board a foreign ship; hereinafter the same shall apply) is as prescribed in Appendix 1-3. <Amended on May 25, 2007>
[This Article Wholly Amended on Feb. 24, 1998]
Article 6 #
Deleted. <Feb. 24, 1998>
Article 7(Calculation of period of seagoing service) #
(1) A period of seagoing service shall be from the date of embarkation to the date of disembarkation; and counting shall begin on the date of embarkation.
(2) For the purpose of paragraph (1), a period of seagoing service short of a month shall be aggregated and 30 days shall be counted as a month; and a period of seagoing service short of a year shall be aggregated and 12 months shall be counted as a year.
Article 8(Aggregation, etc of different periods of seagoing service) #
(1) In calculating a period of seagoing service, if there is a period of time during which a person worked on board a ship for other duties, such period may be converted according to the proportion of a period of service for each duty referred to in Appendix 1-3 and be aggregated. <Amended on Jan. 29, 1991>
(2) Deleted. <Aug. 10, 2001>
(3) Seagoing service in performing radio communications duties (including practical training) in a coastal wireless station referred to in subparagraph 4 of Article 29 of the Enforcement Decree of the Radio Waves Act may be aggregated with a period for each duty referred to in subparagraph 3a of Appendix 1-3. <Added on Jan. 29, 1991; Jun. 30, 1992; Aug. 10, 2001; Sep. 30, 2005; Feb. 22, 2012>
Article 9(Verification of seagoing service) #
(1) Seagoing service shall be verified with any of the following documents: <Amended on Feb. 24, 1998; Sep. 12, 1998; Aug. 10, 2001; Jan. 29, 2004; Sep. 30, 2005; Feb. 29, 2008; Jan. 6, 2015; Mar. 24, 2015; Jul. 11, 2017; Aug. 11, 2020>
1. A seafarer's book;
2. Deleted; <Sep. 30, 2005>
3. Where a seafarer's book holder loses his or her seafarer’s book or his or her seafarer's book is worn and unusable, a document certifying the holder by the Director General of a Regional Office of Oceans and Fisheries, the head of an oceans and fisheries office of a Regional Office of Oceans and Fisheries, the president of the Korea Institute of Maritime and Fisheries Technology under the Korea Institute of Maritime and Fisheries Technology Act (hereinafter referred to as the "Korea Institute of Maritime and Fisheries Technology"), or the chief director of the Korea Seafarer's Welfare and Employment Center established under Article 142 of the Seafarers' Act;
4. Deleted; <Sep. 30, 2005>
5. Deleted. <Sep. 30, 2005>
(2) The method for verifying a person's seagoing service on board a naval ship, coast guard ship, or a ship on which a person is allowed to work without holding a seafarer's book shall be determined by the Minister of Oceans and Fisheries. <Amended on Jan. 29, 1991; Aug. 8, 1996; Feb. 29, 2008; Mar. 23, 2013>
(3) Where seagoing service is to be verified pursuant to paragraph (2), the following matters shall be clearly indicated; provided, in the case of a naval ship or coast guard ship, or a ship (hereinafter referred to as "ship for sea trials") built or refurbished in a domestic shipyard which undertakes a sea trial from the time of its launching to its delivery, the matters referred to in subparagraphs 1, 6, and 7 shall be excluded: <Amended on Feb. 14, 2011; Mar. 24. 2015; Feb. 29, 2016>
1. Registry number, type, and name of the ship;
2. Gross tonnage, displacement tonnage, or maximum take-off weight;
3. Kind of the engine and main-engine propulsion power;
4. Duties and period of work on board a ship;
5. Whether the ship is equipped with radio communication facilities;
6. Use of the ship and trading area;
7. Name or appellation of the shipowner and its nationality.
Article 10(Administration of examinations) #
Examinations shall be administered by the Minister of Oceans and Fisheries after being classified into regular examinations, special examinations, and on-going examinations, as prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Dec. 23, 1994; Aug. 8, 1996; Sep. 30, 2005; Feb. 29, 2008; Mar. 23, 2013>
Article 11(Examination subjects) #
(1) Examination subjects are as listed in Appendix 2, and the marks allotted to each examination subject shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended on Aug. 8, 1996; Feb. 29, 2008; Mar. 23, 2013>
(2) Where a person takes an examination for the limited deck officer’s or engineer officer’s license referred to in Article 4(2), the examination subjects may be changed to other subjects appropriate for the characteristics of a ship that he or she intends to work on board, or he or she may be partially exempt from the examination subjects, as publicly notified by the Minister of Oceans and Fisheries. <Amended on Aug. 23, 1994; Aug. 8, 1996; Feb. 24, 1998; Feb. 29, 2008; Mar. 23, 2013>
(3) Deleted. <Feb. 24, 1998>
(4) Where a person holding a qualification under other statutes, such as the National Technical Qualifications Act, takes an examination, the Minister of Oceans and Fisheries may exempt him or her from taking a written examination for some of the subjects where a person who has obtained a license takes a qualification examination under other statutes, such as the National Technical Qualifications Act, etc. and is exempt from taking a written examination for such subjects pursuant to such other statutes. <Amended on Aug. 8, 1996; Sep. 30, 2005; May 25, 2007; Feb. 29, 2008; Mar. 23, 2013>
(5) The Minister of Oceans and Fisheries may determine the contents of examination subjects referred to in paragraph (2) by further classifying them. <Amended on Aug. 8, 1996; Feb. 29, 2008; Mar. 23, 2013>
[This Article Wholly Amended on Jan. 29, 1991]
Article 12(Examination methods) #
(1) The examinations for deck officer’s license, engineer officer’s license, and operating officer's license shall be classified into a written examination and an interview. <Amended on Jan. 29, 1991>
(2) The examination for radio officer’s license shall be conducted by an interview.
(3) The examination for small ship operator's license shall be conducted by a written examination, an interview, or a practical skill examination. <Amended on Feb. 24, 1998>
(4) The examination for electro-technical officer's license and WIG craft operator's license shall be conducted by a written examination. <Added on Feb. 14, 2011; Mar. 24. 2015>
(5) The interview referred to in paragraph (1) shall be conducted for persons who have passed a written examination or are exempt from a written examination; provided, this shall not apply where a written examination and an interview are conducted simultaneously. <Amended on Feb. 14, 2011>
(6) Matters necessary for conducting written examinations, interviews, and practical skill examinations under paragraphs (1) through (5) shall be determined by the Minister of Oceans and Fisheries. <Amended on Aug. 8, 1996; Feb. 24, 1998; May 25, 2007; Feb. 29, 2008; Feb. 14, 2011; Mar. 23, 2013>
Article 13(Exemption from written examinations or interviews) #
(1) Where a person who has passed a written examination but failed in an interview among the examination of at least the second class deck officer’s license, second class engineer officer’s license, or second class operating officer's license takes an examination of the same occupational category and class within four years from the date he or she passed the written examination, he or she shall be exempt from a written examination. <Amended on Feb. 24, 1998>
(2) Where any of the following persons has two times the amount of seagoing service prescribed in Appendix 1-3 and has completed an educational course prescribed by Decree of the Ministry of Oceans and Fisheries, he or she shall be exempt from a written examination for the next-level license: <Amended on Dec. 23, 1994; Aug. 8, 1996; Feb. 24, 1998; Feb. 29, 2008; Mar. 23, 2013>
1. A person holding no higher than a third class deck officer’s license;
2. A person holding no higher than a third class engineer officer’s license;
3. A person holding no higher than a third class operating officer's license.
(3) Where a person who has at least two subjects that score at least 60 marks, among the written examination subjects and falls short of pass marks provided for in Article 18 takes an examination of the same occupational category and class within two years, he or she may be exempt from written examination on subjects that score at least 60 marks, as prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on May 25, 2007; Feb. 29, 2008; Mar. 23, 2013>
(4) Where a person who intends to obtain a sixth class deck officer’s license, sixth class engineer officer’s license, or small ship operator's license has two times the amount of seagoing service prescribed in Appendix 1-3, he or she may be fully or partially exempt from the examination on subjects referred to in Appendix 2. <Amended on Feb. 24, 1998; Sep. 30, 2005; May 25, 2007; Feb. 29, 2008; Mar. 23, 2013>
(5) A person who has passed one of the following written examinations shall be exempt from an interview; provided, an interview to assess English communication capability may be conducted, as determined by the Minister of Oceans and Fisheries: <Amended on Aug. 10, 2001; Feb. 29, 2008; Mar. 23, 2013>
1. An examination for no higher than a third class deck officer’s license;
2. An examination for no higher than a third class engineer officer’s license;
Article 14(Exceptions to examination for former or current certificated officers) #
(1) Where any of the following persons takes an examination for a license, the occupational category and class of which are the same as those of a license expired or revoked, only an interview shall be conducted, notwithstanding Article 12(1) or (3): <Amended on Sep. 30, 2005; May 25, 2007>
1. A person whose license has been expired because he or she failed to renew his or her license before expiration of his or her license pursuant to Article 8(1)4 of the Ship Officers Act as amended by Act No. 3715;
2. A person for whom five years (where he is drafted or called up for the military duty under the Military Service Act, such period shall not be included) have not passed since his or her license was cancelled pursuant to Article 9(1) of the Act.
(2) A person who has passed an interview under paragraph (1) shall be deemed to have seagoing service for a license referred to in Appendix 1-3.
(3) A person who has two times the minimum amount of seagoing service under Article 14-2(2) among the persons who take a deck officer’s license examination pursuant to the same provisions may be partially exempt from the written examination subjects, as prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
[This Article Wholly Amended on Feb. 24, 1998]
Article 14-2(Exceptions to seagoing service of certificated officers) #
(1) Deleted. <Aug. 10, 2001>
(2) Where a radio officer who holds a radio officer’s license and has a seagoing service equipped with radio communication facilities for at least three years falls under any of the following cases, he or she shall be deemed to have seagoing service for a license for the relevant class: <Amended on Sep. 12, 1998>
1. Where a first class or second class radio officer passes an examination for no higher than a second class deck officer’s license;
2. Where a third class radio officer passes an examination for no higher than a third class deck officer’s license.
[This Article Added on Feb. 24, 1998]
Article 14-3(Exceptions to seagoing service related to motor boat and motor yacht licenses) #
A person who holds a yacht license or an operator license of power-driven water leisure craft referred to in Article 4(1)4 for at least four years (excluding the period of suspension of duties under Article 9(1) of the Act) shall be deemed to have seagoing service for a motor boat and motor yacht license under Article 4(1)3-2.
[This Article Added on Apr. 22, 2013]
[Previous Article 14-3 moved to Article 14-4 <Apr. 22, 2013>]
Article 14-4(Exceptions to seagoing service related to small ship operator's licenses) #
A person who has passed both the written examination and the practical skill examination under Article 12(3) and (6) and an operator license of power-driven water leisure craft o under the Water-Related Leisure Activities Safety Act shall be deemed to have seagoing service for a small ship operator's license prescribed in subparagraph 4 of Appendix 1-3. <Amended on Feb. 14, 2011>
[This Article Added on May 25, 2007]
[Moved from Article 14-3; previous Article 14-4 Moved to Article 14-5 <Apr. 22, 2013>]
Article 14-5(Exceptions to seagoing service related to wig craft operator's license) #
(1) Notwithstanding subparagraph 6 of Appendix 1-3, where an airline transport pilot referred to in subparagraph 1 of Article 35 of the Aviation Safety Act or a commercial pilot referred to in subparagraph 2 of the same Article who holds a license for at least sixth class deck officer has at least 500 hours’ experience of operating an airplane or rotorcraft that a commercial pilot's license holder can operate, he or she shall be deemed to have sufficient seagoing service for a medium-sized WIG craft operator's license, notwithstanding subparagraph 6 of Appendix 1-3. <Amended on Mar. 29, 2017>
(2) Where an airline transport pilot referred to in subparagraph 1 of Article 35 of the Aviation Safety Act, a commercial pilot referred to in subparagraph 2 of the same Article or a private pilot referred to in subparagraph 3 of the same Article who holds a license for at least a sixth class deck officer has at least 400 hours’ experience of operating an airplane or rotorcraft that a private pilot's license holder can operate, he or she shall be deemed to have sufficient seagoing service for a small WIG craft operator's license. <Amended on Mar. 29, 2017>
(3) The flight experience for the recognition of seagoing service under paragraphs (1) and (2) shall be verified by a flight experience certificate prepared as determined by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Added on Feb. 14, 2011]
[Moved from Article 14-4 <Apr. 22, 2013>]
Article 15(Exceptions to limited license holders) #
(1) Pursuant to Article 4(1)1a, a merchant ship officer's license holder may succeed to an upper class license limited to merchant ships; and a fishing vessel officer's license holder may succeed to an upper class license limited to fishing vessels. <Amended on May 25, 2007>
(2) Notwithstanding paragraph (1), a merchant ship officer's license holder or fishing vessel officer's license holder who fully meets the following requirements may obtain a merchant ship officer's license or fishing vessel officer's license not higher than a license he or she already holds: <Amended on Mar. 24. 2015>
1. That he or she shall pass an examination for a license that he or she intends to obtain;
2. That he or she shall complete an educational course prescribed by Decree of the Ministry of Oceans and Fisheries.
(3) A person who intends to obtain a license pursuant to paragraph (2) shall be deemed to have sufficient seagoing service for the relevant license prescribed in Appendix 1-3.
(4) A person who intends to obtain a license pursuant to paragraph (2) shall be exempt from the examination subjects referred to in Appendix 2, except specialized subjects.
[This Article Wholly Amended on Feb. 24, 1998]
Article 16(Exceptions to persons who completed educational courses at recognized education and training institute) #
(1) In calculating a period of seagoing service prescribed in Appendix 1-3 for a person who has completed an educational course recognized by the Minister of Oceans and Fisheries at a recognized education and training institute (including pre-completion students; hereinafter the same shall apply), the period of education, excluding the period of practical training, during the educational course shall be included in the period of seagoing service taking charge of the duties of operating ship, operation of engines, operation of electronic engines, or radio communication within the scope of period calculated as follows: <Amended on Feb. 24, 1998; Sep. 12, 1998; May 25, 2007; Feb. 29, 2008; Mar. 23, 2013; Mar. 24. 2015; Jul. 11, 2017; Oct. 17, 2023>
1. Two years’ seagoing service required for a merchant ship license for a person who completed at least two years’ course at a designated department (including relevant department at a recognized education and training institute of a foreign country that ratified the international convention on standards of training, certification, and watchkeeping for seafarers, or the international convention on standards of training, certification, and watchkeeping for fishing vessel personnel (hereinafter referred to as "international conventions")) at a university, junior college, or high school among recognized education and training institutes and has completed a merchant marine course; and two years’ seagoing service for a fishing vessel license for a person who completed such course and has completed a fishing vessel course;
2. Two years’ seagoing service required for a merchant ship license for a person who has completed a merchant ship officer training course among persons who completed a third or fourth class certificated officer training course recognized by the Minister of Oceans and Fisheries at the Korea Institute of Maritime and Fisheries Technology which is one of the recognized education and training institutes after graduating from a university, junior college, or high school (including a foreign university, junior college, or high school recognized by the Minister of Oceans and Fisheries), other than recognized education and training institutes; and two years’ seagoing service required for a fishing vessel license for a person who completed such course and has completed a fishing vessel certificated officer training course;
3. Where a person who has at least one year’s seagoing service prescribed in Appendix 1-3 completes a prescribed educational course, the period of education;
4. Deleted. <Oct. 17, 2023>
Article 16-2(Evaluation of recognized education and training institutes) #
(1) The Minister of Oceans and Fisheries shall conduct a quality evaluation of certificated officer training, examinations, or management of licenses specified by international conventions (hereinafter referred to as "quality evaluation of maritime technology") conducted by any of the following institutions: <Amended on May 25, 2007; Feb. 29, 2008; Mar. 23, 2013; Feb. 29, 2016>
1. Recognized education and training institutes;
2. Institutions delegated or entrusted with the duties relating to examinations or the management of licenses pursuant to Article 24.
(2) A quality evaluation of maritime technology under paragraph (1) shall be conducted every five years.
(3) Methods of conducting a quality evaluation of maritime technology under paragraph (1), ex post facto management of the results thereof, and other necessary matters, shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>
[This Article Added on Feb. 24, 1998]
Article 16-3(Special cases concerning persons who have completed education for obtaining licenses) #
In calculating the period of seagoing service required for a license referred to in Appendix 1-3 for any of the following persons, the period of completing an educational course referred to in the relevant subparagraph shall be included in the period of seagoing service on board a ship for the same duties as the relevant educational course:
1. Persons who have completed educational courses for obtaining a license pursuant to Article 5(1)4 of the Act and Article 5(1)1 of this Decree (excluding where persons have completed educational courses by distance education using information and communications networks, such as the internet; hereafter in this subparagraph and subparagraph 2, the same shall apply);
2. Certificated officers who have completed refresher training courses under Article 16 of the Act.
[This Article Added on Oct. 17, 2023]
Article 17(Exceptions to holders of foreign certificate of competency) #
(1) Where a person holding a license issued by a foreign country deemed by International Maritime Organization to be in compliance with international conventions according to the standards specified by international conventions (hereinafter referred to as "foreign certificated officer") intends to obtain a domestic certificate of endorsement recognized to be of the same occupational category and class pursuant to Article 10-2 of the Act, the Minister of Oceans and Fisheries may exempt him or her from relevant examination, education, and training. <Amended on Sep. 30, 2005; Feb. 29, 2008; Mar. 23, 2013; Feb. 29, 2016>
(2) For the purpose of paragraph (1), a foreign certificated officer shall be deemed to have seagoing service prescribed in Appendix 1-3; where he or she submits a health certificate (limited to one meeting the requirements for medical certificates under article 87 of the seafarers' act) issued by a country that issued the certificate of competency, he or she shall be deemed to meet the requirements under Article 5(1)3 of the Act. <Amended on Sep. 30, 2005; Feb. 22, 2012>
(3) A foreign certificated officer who intends to obtain a certificate of endorsement pursuant to paragraph (1) shall file an application (including an electronic application) for designation of the occupational category and class for the certificate of endorsement with the Minister of Oceans and Fisheries. <Amended on Sep. 30, 2005; Feb. 29, 2008; Mar. 23, 2013; Mar. 24. 2015>
(4) The Minister of Oceans and Fisheries shall take necessary measures, such as providing a foreign certificated officer who intends to obtain a certificate of endorsement pursuant to paragraph (1) with information helpful to him or her in acquiring knowledge in maritime laws, or administering education to him or her, so that he or she may smoothly perform duties as a member of the ship's officers. <Amended on Sep. 30, 2005; Feb. 29, 2008; Mar. 23, 2013>
(5) In order to administer education under paragraph (4), the Minister of Oceans and Fisheries shall separately designate educational institutions for foreign certificated officers and give notice thereof. <Added on Sep. 30, 2005; Feb. 29, 2008; Mar. 23, 2013>
(6) Matters concerning issuance and renewal of a certificate of endorsement under paragraph (1), matters concerning exemption from examination under paragraph (1), and matters concerning procedures for designating educational institutions for foreign certificated officers under paragraph (5) shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Added on Sep. 30, 2005; Feb. 29, 2008; Mar. 23, 2013; Feb. 29, 2016>
Article 18(Pass criteria) #
(1) The full mark for a written examination subject shall be 100 marks; a person who scores at least 40 marks (60 marks for a deck officer's law subject) for each subject and an average of at least 60 marks for all subjects shall be a successful applicant. <Amended on Jan. 29, 1991; Feb. 24, 1998>
(2) Even where a person is partially exempt from the examination subjects pursuant to Articles 11(2) and (4), 13(3) and (4), 14(3), and 15(4), paragraph (1) shall apply to the examination subjects that are not exempt. <Added on Jan. 29, 1991; Feb. 24, 1998; May 25, 2007>
(3) A successful applicant shall score an average of at least 60 marks out of the full mark of 100 for each member of the examination board in an interview. <Amended on Feb. 24, 1998; May 25, 2007>
(4) A successful applicant shall score an average of at least 60 marks out of the full mark of 100 in a practical skill examination. <Added on May 25, 2007>
Article 19(Types of cheating) #
(1) The types of cheating referred to in Article 5-3(1) of the Act are as follows:
1. Communicating with another examinee regarding the examination;
2. Exchanging answer sheets;
3. Filling out the answer sheet by peeking at another examinee's answer sheet or examination paper;
4. Telling another examinee an answer or allowing another examinee to peek at one's answer sheet;
5. Carrying and using articles related to the details of questions, or exchanging such articles with other applicants;
6. Writing on an answer sheet with the help of any person inside or outside of the examination site;
7. Taking an examination with prior knowledge of the questions;
8. Submitting an answer sheet after changing the name and/or applicant number with that of another examinee;
9. Taking the examination for another person, or having another person sit for the examination;
10. Writing on an answer sheet using a communications device or electronic device (a cellular phone, pda, pmp, portable computer, portable cassette player, digital camera, mp3 player, handheld game console, electronic dictionary, camera pen, watch fitted with functions other than for the indication of time) or transmitting answers to other applicants during examination;
11. Taking an examination by other unjust or unfair means.
(2) Where the Minister of Oceans and Fisheries suspends eligibility to take an examination pursuant to Article 5-3(1) of the Act, he or she shall take a comprehensive consideration of the type, detail, and severity of, motive for, and results of cheating, etc. <Amended on Mar. 23, 2013; Feb. 29, 2016>
(3) Where the Minister of Oceans and Fisheries suspends an examination pursuant to Article 5-3(1) of the Act, the cheater shall be required to discontinue the examination and have a confirmation document signed or sealed to confirm the cheating; provided, where the cheater rejects to confirm the cheating or to sign or seal on such document, a certificate prepared by an examination supervisor may substitute for the confirmation document. <Amended on Mar. 23, 2013>
(4) Where the Minister of Oceans and Fisheries cancels the determination of a successful applicant or suspends eligibility to take an examination pursuant to Article 5-3(1) of the Act, he or she shall inform, in writing, the relevant applicant of the reasons therefor. <Amended on Mar. 23, 2013>
Article 20(Renewal of licenses) #
"Where ... he or she has the abilities equivalent thereto or higher, as prescribed by Presidential Decree" in Article 7(3)1 of the Act means any of the following cases: <Amended on Feb. 29, 2016; Oct. 17, 2023>
1. Where a person has seagoing service on board a foreign ship, naval ship, or coast guard ship as an officer member or for duties appropriate for the license for at least one year within five years from the filing of an application for the renewal of his or her license;
2. Where a person has seagoing service on board a foreign ship (including a naval ship or coast guard ship) with a qualification, other than that as an officer member, for at least two years within five years from the filing of an application for the renewal of his or her license;
3. Where a person has seagoing service on board a foreign ship (excluding a fishing vessel), naval ship, or coast guard ship as an officer member or for duties appropriate for the license for at least three months within six months from the filing of an application for renewal of his or her license (limited to where the period of validity of the license has not expired as of the filing date of an application for renewal of the license);
4. Where a person has at least three years’ seagoing service as:
a. A pilot defined in subparagraph 2 of Article 2 of the Pilotage Act;
b. A ship survey officer referred to in Article 76 of the Ship Safety Act or ship surveyor referred to in Article 77(1) of the same Act;
c. A judge appointed under Article 9-2 of the Act on the Investigation of and Inquiry into Marine Accidents, or a chief investigator or investigator appointed under Article 16 of the same Act;
d. An operations manager under Article 22 of the Marine Transportation Act;
e. A maritime safety supervisor under Article 60(2) of the Sea Traffic Safety Act;
f. A full-time instructor in charge of administering education on the navigation of ships or the operation of engines at a recognized education and training institute;
g. A person engaged in the duties designated by the Minister of Oceans and Fisheries, similar to those in which persons prescribed in items a through f are engaged.
[This Article Wholly Amended on Mar. 24, 2015]
Article 21 #
Deleted. <Dec. 31, 1997>
Article 22(Manning standards) #
(1) The minimum manning standards as its officer member by type of ship under Article 11 of the Act are as prescribed in Appendix 3; provided, the manning standards under subparagraphs 1 through 3 of Appendix 3 shall apply to a ship for which following matters are not otherwise expressly prescribed by the rules of employment under Article 119 of the Seafarers' Act among automated ships referred to in Article 3-2: <Amended on May 25, 2007; Feb. 22, 2012>
1. Matters concerning a shore support system for the examination and maintenance of ship facilities, cargo operation, etc. while in port;
2. Matters concerning securing operating officers qualified to work on board automated ships.
(2) A person who intends to perform the duties of a master, chief mate, chief engineer officer, second engineer officer, chief operating officer, second operating officer, or chief radio officer on a ship (including a merchant ship sailing international voyages among ships navigating in coastal waters) navigating in ocean waters (referring to unlimited waters in the case of a fishing vessel) shall have seagoing service prescribed in Appendix 4 and complete an educational course prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Aug. 23, 1994; Dec. 23, 1994; Aug. 8, 1996; Feb. 24, 1998; Feb. 29, 2008; Mar. 23, 2013; Mar. 24. 2015>
(3) A person who intends to perform the duties of a master, chief engineer officer, chief operating officer, or chief radio officer on a ship navigating in coastal waters (referring to limited waters in the case of a fishing vessel) shall complete an educational course prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Dec. 23, 1994; Aug. 8, 1996; Feb. 29, 2008; Mar. 23, 2013; Mar. 24. 2015>
(4) A person who has not completed an educational course recognized by the Minister of Oceans and Fisheries, among deck officers or engineer officers who perform the duties of an operating officer for the first time after obtaining an operating officer's license, shall complete an educational course prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Feb. 24, 1998; Feb. 29, 2008; Mar. 23, 2013>
(5) Where an operating officer works on board a ship, other than an automated ship, as a deck officer or engineer officer, the operating officer shall work on board the ship for the same duties as in the major field assigned to the operating officer. <Amended on Feb. 24, 1998>
(6) If deemed necessary, the Minister of Oceans and Fisheries may apply manning standards stricter than those prescribed in paragraph (1) to officers working on a passenger ship or a ship laden with hazardous cargoes under Article 21(2) of the Enforcement Decree of the Seafarers' Act (including a combination of a barge laden with hazardous cargoes and a tugboat that tows the barge), as publicly notified by the Minister of Oceans and Fisheries, or require the ship's officers to undergo necessary education. <Amended on Aug. 8, 1996; May 25, 2007; Feb. 29, 2008; Mar. 23, 2013>
Article 22-2(Manning standards for radio electronic officers on board ships equipped with global maritime distress and safety system facilities) #
(1) Manning standards for a radio electronic officer on board a ship equipped with global maritime distress and safety system facilities are as prescribed in Appendix 3-2. <Amended on Feb. 24, 1998>
(2) Notwithstanding paragraph (1) and Appendix 3-2, a master, deck officer, chief engineer officer, engineer officer, chief operating officer, or operating officer may concurrently take charge of the duties of a chief radio officer or radio officer on a ship in which radio communication facilities are redundantly installed and a shore maintenance system is prepared in accordance with the following classifications. In such cases, the shipowner shall designate a person to concurrently take charge of the duties of a chief radio officer or radio officer: <Amended on Mar. 24, 2015; Jul. 11, 2017>
1. A chief radio officer: A person holding at least a third class radio electronic officer's license, among master (limited to a master of a fishing vessel), deck officers, chief operating officer, or operating officers;
2. A radio officer: A person with qualifications necessary to perform the duties of a radio officer, among master, deck officers, chief engineer officer, engineer officers, chief operating officer, or operating officers.
(3) Where a member of a ship's officers intends to concurrently take charge of additional duties pursuant to paragraph (2), at least two members, from among the rest of the ship's officers, shall hold at least a fourth class radio electronic officer's license. <Amended on Feb. 24, 1998>
[This Article Added on Aug. 23, 1994]
Article 23(Exceptions to manning standards by permission) #
(1) In the following circumstances, working on board a ship may be permitted upon relaxing manning standards as follows pursuant to Article 13(2) of the Act: <Amended on Aug. 8, 1996; Feb. 29, 2008; Mar. 23, 2013>
1. Where goods having grave effect on the national economy or national security are transported urgently, and the head of a relevant institution makes a request;
2. Where islanders are transported urgently;
3. Where deemed inevitable by the Minister of Oceans and Fisheries for the supply of, and demand for certificated officers.
(2) In granting permission for relaxing manning standards pursuant to Article 13(2) of the Act, the Minister of Oceans and Fisheries shall ensure the safety of ship navigation in consideration of the class of license, seagoing service of a person who intends to work on board a ship. In such cases, permission for relaxing manning standards for a master or chief engineer officer may be granted only in force majeure events. <Amended on Aug. 8, 1996; Feb. 24, 1998; Feb. 29, 2008; Mar. 23, 2013>
Article 24(Delegation and entrustment of authority) #
(1) Authority falling under any of the following subparagraphs, among the authority of the Minister of Oceans and Fisheries under Article 23(1) of the Act, shall be delegated to the Director General of a Regional Office of Oceans and Fisheries: <Amended on Jan. 29, 1991; Aug. 8, 1996; May 24, 1997; Feb. 24, 1998; Aug. 10, 2001; May 26, 2007; Feb. 29, 2008; Feb. 22, 2012; Mar. 23, 2013; Jan. 6, 2015; Aug. 11, 2020>
1. Licenses issued under Article 4 of the Act;
2. Issuance and re-issuance of a certificate of competency and modification of entries in the certificate under Article 5(3) and (4) of the Act;
2-2. Suspension of examinations, cancellation of determinations of successful applicants, and suspension of eligibility to take examinations under Article 5-3(1) of the Act;
3. Renewal of licenses under Article 7(2) of the Act;
4. Receipt and return of licenses submitted under Article 9(5) of the Act;
5. Cancellation of licenses, suspension from duties, and reprimand under Article 9 of the Act;
6. Hearings held under Article 10 of the Act;
6-2. Issuance of a certificate of endorsement under Article 10-2(2) of the Act;
6-3. Receipt of reports on opening of positions, plans to fill such vacancies, and orders to fill the vacancies under Article 12(2) and (3) of the Act;
7. Permission for the relaxation of manning standards under Article 13 of the Act;
8. Supervision of foreign ships under Article 17 of the Act;
9. Deleted; <Apr. 7, 1999>
10. Imposition and collection of administrative fines under Article 31 of the Act;
11. Deleted. <Feb. 22, 2012>
(2) Deleted. <Sep. 12, 1998>
(3) Pursuant to Article 23(2) of the Act, the Minister of Oceans and Fisheries shall entrust the authority for administering examinations to the president of the Korea Institute of Maritime and Fisheries Technology. <Amended on Feb. 24, 1998; Sep. 12, 1998; Feb. 29, 2008; Mar. 23, 2013; Feb. 29, 2016>
(4) Deleted. <Feb. 24, 1998>
Article 24-2(Processing of personally identifiable information) #
The Minister of Oceans and Fisheries (including persons delegated or entrusted with the duties of the Minister of Oceans and Fisheries pursuant to Article 24) may process data that include resident registration numbers or passport numbers referred to in subparagraph 1 or 2 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable for performing the following business affairs: <Amended on Oct. 17, 2023>
1. Verifying the requirements for licenses for certificated officers referred to in Article 5(1) of the Act;
2. Issuing the COCs of certificated officers under Article 5(3) of the Act, and reissuing COCs or changing the details recorded therein under paragraph (4) of the same Article;
3. Issuing a certificate of endorsement referred to in Article 10-2(2) of the Act;
4. Conducting refresher training for certificated officers under Article 16 of the Act;
5. Providing education for obtaining licenses referred to in Articles 5 and 15(2)2;
6. Conducting examinations under Article 10.
[This Article Added on Mar. 27, 2017]
Article 25(Affairs in foreign countries) #
Where a consul conducts affairs pursuant to Article 24(2) of the Act, he or she shall notify the Minister of Oceans and Fisheries of the details thereof within one month via the Minister of Foreign Affairs. <Amended on Aug. 8, 1996; May 25, 2007; Feb. 29, 2008; Mar. 23, 2013>
Article 25-2 #
Deleted. <Mar. 3, 2020>
Article 26(Standards for imposition of administrative fines) #
The standards for imposition of administrative fines under Article 31(1) and (2) of the Act are as prescribed in Appendix 5. <Amended on Aug. 11, 2020>
[This Article Wholly Amended on Feb. 22, 2012]