SHIP OFFICER S ACT. [Effective Jun. 30, 2010] [Act No. 9873, Dec. 29, 2009, Partial Amendment ]

Transcription

1 The English version is translated and uploaded only for the purpose of no other than PR, and thereby, Ship Officer s Act in the Korean language will prevail regarding authorization and permission SHIP OFFICER S ACT [Effective Jun. 30, 2010] [Act No. 9873, Dec. 29, 2009, Partial Amendment ] Ministry of Land, Transport and Maritime Affairs (Legal Division for Regulation Reform) ~9 CHAPTER I GENERAL PROVISION Article 1 (Purpose) The purpose of this Act is to ensure the safe operation of vessels by establishing the qualification standards of those who are to serve on board vessels as Ship officers. Article 2 (Definitions) For the purpose of the Act, the definitions of the terms used in this Act shall be as follows: <Amended by Act No. 4256, Aug. 1, 1990; Act No. 6397, Jan. 29, 2001; Act No. 7480, Mar. 31, 2005> 1. The term "Vessel" means every Korean vessel as provided for in Article 2 of the Vessel Act, provided, however, that it excludes vessels falling under

2 one of the following sub-paragraphs: (a) (i) (ii) A vessel under 5 Gross Tonnage, provided, however, that this Act shall be applicable to the vessels falling under one of the following items in spite of less than 5 Gross Tonnage: vessels carrying 13 passengers or more;; fishing vessels filed for providing pick up service for anglers in accordance with the provisions of Article 4 of the Angler Fishing Vessel Business Act; (iii) pleasure boats & ferry boats certificated or filed its trading area as sea in accordance with the provisions of Article 3 of the Pleasure Boat and Ferry Boat Business Act; and (iv) Wing In Ground effect Ship. (b) (c) A vessel propelled mainly by oar or pole; and Any other vessels as provided by Presidential Decree; 2. The term "foreign vessel" means vessels whose flag is other than Korean vessels; 3. The term "Ship officer" means any certificated officer(including any officer endorsed in accordance with the article 10 bis) who serves on board a vessel in a capacity or capacities of Master, Deck Officer, Chief Engineer, Engineer Officer, Chief Radio Officer Certificate or Radio Officer Certificate, or Operating Officer; 4. The term "Certificated Officer" means a duly qualified officer holding a

3 certificate of competency in accordance with the provision of Article 4; 5. The term "automated vessel" means any vessel which is equipped with all the automatic operating equipments as prescribed by Presidential Decree; and 6. The term "service career" means a career in serving aboard a vessel. Article 3 (Application of Provisions on Ship-owners) The provisions regarding ship-owners in this Act shall be applied to the manager of vessel if jointly owned, and the charterer of vessel if demise-chartered. <Amended by Act No. 7480, Mar. 31, 2005> Article 3-2 (International Cooperation and Support) Where it is necessary to facilitate international exchange and cooperation in maritime techniques, the Minister of Land, Transport, and Maritime Affairs (hereinafter referred to as the "Minister") may provide the developing countries among the parties to the International Convention on Standards of Training, Certification, and Watch-duty for Seafarers, (hereinafter referred to as the "International Convention"), with support described in each of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008> 1. Support for establishing educational institutions for Certificated Officers, (including their practical education; hereafter the same shall apply in this Article); 2. Support for educating and training administrators and technicians who are

4 involved in the education of Certificated Officers; 3. Gratuitous support for equipment and facilities required to educate Certificated Officers; 4. Support for establishing and developing plans for educating Certificated Officers; and 5. Support for educating Certificated Officers, as deemed necessary to develop the abilities of Certificated Officers. [This Article Newly Inserted by Act No. 8222, Jan. 3, 2007] CHAPTER II Qualifications and Certifications Article 4 (Species and Classes of Qualifications) (1) Every Ship Officer shall hold a certificate of competency (hereinafter referred to as "the certificate") issued by the Minister. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> (2) The Minister shall issue the certificate of the following species and classes to any person who meets all the requirements prescribed in Article 5. In that case, the Minister may issue a certificate of competency with a limitation or limitations according to type of vessels, trading areas or etc. as prescribed by Presidential Decree: <Amended by Act No. 4256, Aug. 1, 1990; Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> 1. mate: chief, second, third, fourth, fifth and sixth mates;

5 2. engineer: chief, second, third, fourth, fifth and sixth engineers; 3. (wireless) operator (divided into radio communications and radio electronics): chief, second, third and fourth operators; 4. ship operating officer: chief, second, third and fourth ship operating officers; 4-2. Wing In Ground effect ship master: small sized Wing In Ground effect ship (referring to the ship of less than 10ton) master, medium sized Wing In Ground effect ship (referring to the ship of more than 10 and less than 500 ton) master; and 5. Small sized ship master. (3) The grading of the qualification for each species shall be subject to the class order of each sub-paragraph of the preceding paragraph.. (4) Subject to the major fields recognized by the provisions of the Presidential Decree, each Operating Officer Certificate shall be deemed the deck(limited to serve merchant vessel only) or engineer officer certificate of same class. The Small Vessel Operator Certificate shall be lower grade of the Sixth Class Deck Officer Certificate or the Sixth Class Engineer Officer Certificate. <Newly Inserted by Act No. 4256, Aug. 1, 1990; Act No. 5367, Aug. 22, 1997> Article 5 (Conditions for Issue of Certificate of Competency) (1) The Minister shall qualify any person who meets all the requirements of the sub-paragraphs below as a qualified officer: <Amended by Act No. 6397, Jan. 29, 2001; Act No. 7480, Mar. 31, 2005; Act No. 7789, Dec. 29, 2005; Act No. 8852, Feb. 29, 2008>

6 1. The candidate for certification must have passed the national Ship Officer's examination, conduced by the Minister, within 3 years; 2. The candidate for certification must have completed approved seagoing service required for the class of certificate (hereinafter referred to as the "seagoing service").; 3. The candidate for certification must meet the standards of medical fitness for duty in accordance with the relevant provisions of the Seafarers Act; 4. The candidate for certification must have completed approved maritime education and training required for the class of certificate; and 5. In case of a radio officer certificate the candidate for certification must hold a certificate for radio personnel in accordance with the Article 70 of the Radio Regulations Act. (2) The necessary matters such as the requirements to sit for the national Ship Officers examination, the seagoing service, maritime education and training, etc. in accordance with the provisions of sub-paragraphs 1, 2 and 4 of preceding paragraph(1) shall be prescribed in the Presidential Decree. <Amended by Act No. 6397, Jan. 29, 2001> (3) When the candidate qualified in accordance with the paragraph (1), the Minister shall issue the certificate of competency (hereinafter referred to as the "certificate") as prescribed by Ordinance of the Ministry of Maritime Affairs and Fisheries. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> (4) When the certificate is lost or becomes damaged, or of which entry needs to be amended, it may be reissued or amended by application as set out in the provisions of the Ordinance of the Ministry as prescribed by Ordinance of the

7 Ministry of Land, Transport, and Maritime Affairs. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> Article 5-2 (Storage and Utilization of Data) The Minister shall maintain and manage the data on the delivery, renewal, revocation, etc. of certifications under conditions as determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs, and take any necessary measures, including notifications, etc., to ensure the parties to the International Convention and the Ship-owners have access to the relevant data. <Amended by Act No. 7789, Dec. 29, 2005; Act No. 8222, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008> [This Article Newly Inserted by Act No. 6397, Jan. 29, 2001] Article 6 (Cases of Disqualification) A person who falls under one of the following sub-paragraphs shall not be qualified as a certificated officer: <Amended by Act No. 8222, Jan. 3, 2007; Act No. 8377, Apr. 11, 2007; Act No. 9626, Apr. 22, 2009> 1. A person who is less than 18 years of age; 2. through 4. Deleted; or <by Act No. 4256, Aug. 1, 1990> 5. A person whose certificate was cancelled and 2 years (one year in the case where the certificate was cancelled under Article 71 (1) of the Fisheries Industries Act) have not elapsed since then.

8 Article 7 (Revalidation of the Certificate) (1) The certificate shall be valid for a period of 5 years. (2) Any person who wishes to continue to be qualified shall meet the requirements as determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> (3) In case the holder of a certificate applies for revalidation under paragraph (2), the Minister shall revalidate the certificate when continued professional competence is established by one of the following sub-paragraphs: <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> 1. A person who has approved seagoing service of at least 1 year as a Ship Officer during the preceding five years from the date of application for the revalidation or who, subject to the provisions of the Presidential Decree, is considered to be equivalent to that; and 2. A person who has successfully completed the training course as determined by Ordinance of the Ministry of Land, Transport, and Maritime Affairs. [This Article Wholly Amended by Act No. 4256, Aug. 1, 1990] Article 8 (Invalidation of Certificate) <Amended by Act No. 4256, Aug. 1, 1990; Act No. 7480, Mar. 31, 2005> (1) The certificate that falls under one of the following sub-paragraphs shall be invalidated: <Amended by Act No. 4256, Aug. 1, 1990; Act No. 4441, Dec. 14,

9 1991; Act No. 5367, Aug. 22, 1997; Act No. 7480, Mar. 31, 2005> 1. The lower class certificate, when higher one has been issued, unless the higher class certificate are subject to limitations not to allow to serve the capacities which the lower one can cover without limitation; 2. The radio officer's certificates, when the certificates of radio personnel issued under the article 70 of the Radio Regulations Act have become invalidated; and 3. and 4. Deleted. <by Act No. 4256, Aug. 1, 1990> (2) Deleted. <by Act No. 7480, Mar. 31, 2005> (3) Deleted. <by Act No. 6397, Jan. 29, 2001> Article 9 (Cancellation of Certificate) (1) The Minister may cancel the certificate or suspend the service of its holder for a period not exceeding 1 year, or give a reprimand in case a certificated officer falls under one of the following sub-paragraphs unless the Maritime Safety Tribunal began to investigate into the maritime accident associated with the relevant cause: <Amended by Act No. 4256, Aug. 1, 1990; Act No. 5367, Aug. 22, 1997; Act No. 5809, Feb. 5, 1999; Act No. 6397, Jan. 29, 2001; Act No. 7480, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008> 1. When a certificated officer has served on board a ship in violation with the provisions of Article 14; 2. When a certificated officer has served on board a ship in violation with the provisions of Article 15 and he or she does not submit his/her certificate or

10 endorsement or does not carry it on board; 2-2. When a certificated officer has either lent his/her certificate or endorsement to other persons or abuse it unlawfully in violation with the provisions of Article 22; 3. When any certificated officer committed a misconduct or posed a direct threat to safety of life or property at sea or to the marine environment while performing duties as a Ship Officer on board a vessel; 4. When the holder of a suspended certificate fails to submit the certificate within the period set out in paragraph (4) of this Article; or 5. When a certificated officer has served on board a ship during suspension period. 6. When any person falls under Article 8-2, 1 and 2 of the Maritime Traffic Safety Act and a chief maritime police officer requests to cancel his/her license. (2) The Minister shall cancel the certificate in case its holder has obtained that certificate fraudulently or in unlawful manner. <Amended by Act No. 7480, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008> (3) In case the Minister took one of the actions among cancellation, suspension of the certificate or reprimand in accordance with the provision of paragraph (1) or (2) of this Article, he/she must give a notice of the contents of the action to the relevant officer. In this case, if the officer in question is serving on board a vessel as a Ship Officer, the Minister must also give a notice to the shipowner. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008>

11 (4) Any certificated officer who was given a notice of suspension or cancellation of the certificate in accordance with the provision of the preceding paragraph shall submit his certificate to the Minister within 30 days from the date of receiving the notice. In this case, when the suspension is terminated, the certificate shall be returned to him/her. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> (5) The period of suspension under the provision of paragraph (1) shall be counted from the date on which the Minister receives the certificate. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> (6) The details of the administrative disciplinary measures under the provisions of paragraph (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Transport, and Maritime Affairs, taking account of types of the unlawful act and degree thereof. <Newly Inserted by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> Article 10 (Hearings) (1) When the Minister is to cancel a certificate in accordance with the paragraph (1) or (2) of Article 9, he shall hold hearing. <Amended by Act No. 8852, Feb. 29, 2008> [This Article Wholly Amended by Act No. 5453, Dec. 13, 1997] Article 10-2 (Special Exemption for Those Holding Foreign Certificate of Competency)

12 (1) Any persons, holding a certificate of competency issued by a Party with which an undertaking has been agreed (hereinafter referred to as the "Contracting Party") to recognize the certificate issued by another Party in accordance with the relevant provisions of the STCW Convention, as amended, endorsed by the Minister may serve as a ship officer on board Korean flag ships(excluding fishing vessels) engaged in international voyages. <Amended by Act No. 7789, Dec. 29, 2005; Act No. 8852, Feb. 29, 2008> (2) When the Minister recognize that a candidate wishing to obtain an endorsement under the paragraph 1 of this Article meets the manning standards under the provisions of Article 11 he/she may recognize and issue an endorsement with limitations of ships and capacities on board the ships within the limitations of certificate of competency issued by the Contracting Party(hereinafter referred to as "Recognition of Certificate"). <Amended by Act No. 8852, Feb. 29, 2008> (3) The necessary matters for the application for the Recognition of Certificate and the issuance of Endorsement shall be prescribed in the Presidential Decree. (4) The endorsement shall be valid for the period of 5 years. However, it shall be invalidated from the date when the original certificate issued by the Contracting Party becomes invalid. (5) The provisions of the paragraph 4 of Article 5, the Articles 5 bis, 6, 9 and 10 shall mutatis mutandis be applied to the Recognition of Certificate and the certificate of endorsement respectively. In this case "the certificated officer" shall deem to be the person granted the Recognition of Certificate, "certification" being "Recognition of Certificate and "the Certificate of

13 Competency" being "the Certificate of Endorsement". [This Article Newly Inserted by Act No. 7480, Mar. 31, 2005] CHAPTER III SHIP OFFICERS Article 11 (Manning Standards and Capacities of Ship Officers) (1) Shipowner shall carry appropriately certificated officers(including persons granted the recognition of certificate under the Article 10 bis. Hereinafter the same is applied in the chapter 3) on board its ships in compliance with the safe manning standards of Ship Officers set out in the Presidential Decree(hereinafter referred to as "the manning standards"), taking account of trading areas, descriptions or types of ships, propulsion power of main engine, and other matters pertaining to the safe operation of vessels. <Amended by Act No. 4256, Aug. 1, 1990; Act No. 7480, Mar. 31, 2005> (2) Capacities of Ship Officers are as follows: <Newly Inserted by Act No. 4256, Aug. 1, 1990; Act No. 5367, Aug. 22, 1997; Act No. 6397, Jan. 29, 2001> 1. Master shall be in charge of and responsible for the operation and management of ship. When master becomes impossible to perform his capacity on account of inevitable reasons, first operating officer(deck major) in automated vessels and first deck officer in other vessels shall fill the vacant capacity instead; 2. Deck officers shall perform navigational watch in deck department; 3. Chief engineer shall be responsible for the operation of engines and

14 machinery; 4. Engineer officers shall perform engineering watch in engine department; 5. Chief radio officer and radio officers shall be responsible for ship's communication; and 6. Chief operating officer and operating officers shall perform operating watch(which means integrated watch regarding deck, engine and electronic equipments, etc) in automated vessels. Article 12 (Exception of Manning Standards for Vacancy) (1) The Provision of article 11 shall not be applicable in the case of one of the following sub-paragraphs. In this case, relevant shipowner shall recruit the vacancy without delay: 1. It is impractical to fill the vacant post immediately in case any vacancy of Ship Officer occurred on ships engaged in between foreign ports; 2. Any vacancy of Ship Officers occurred on board a vessel plying between domestic port and foreign port and the vessel is sailing homeward bound; or 3. In addition to the sub-paragraphs (1) and (2), any vacancy occurred while a ship is at sea however it is impractical to recruit the vacancy immediately. (2) Ship-owner, in the case of the preceding paragraph (1), shall report to the Minister the fact of the vacancy and plan for recruiting it. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008>

15 (3) After receiving the reports in accordance with the provision of paragraph(2), if the Minister considers necessary, he may require the ship-owner to recruit the vacancy without delay. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> Article 13 (Approved Exception of Manning Standards) (1) When shipowner has obtained an approval from the Minister since his/her vessel falls under one of the following sub-paragraphs, he/she may assign the approved certificated officer to fill the specified post despite the requirements of the provision of article 11: <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> 1. In case a vessel is being towed by another vessel; 2. In case a vessel is not being used for sailing because she is in dry dock, under repairs or at mooring or for other reasons; and 3. Other cases set out in the Ordinance of the Ministry. (2) In an inevitable circumstances due to short of supply of certificated officers under the Presidential Decree, the Minister may permit to carry Ship Officer holding lower class of certificate than in the manning standards set out in the provision of Article 11 for a specified period not exceeding 6 months. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> Article 14 (Application of Manning Standards of Certificated Officers) Every certificated officer serving on a vessel as a Ship Officer, except those approved otherwise in accordance with the provision of Article 13, shall comply

16 with the manning standards set out in the provision of article 11. Article 15 (Keeping the Certificate, Etc.) When serving on a ship, every Ship Officer shall submit his/her certificate of competency or certificate of endorsement to Master, then the Master shall keep it available on board the ship. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 7480, Mar. 31, 2005> Article 16 (Refresher Training For Certificated Officers) The Minister may require certificated officers to undergo refresher training as set out in the Decree of Ministry when he/she regards it necessary to enhance their quality and technical ability. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> CHAPTER IV SUPPLEMENTARY RULES Article 17 (Control of Foreign Flag Vessels) (1) The Minister may have public officials inspect and examine the matters falling under each of the following subparagraphs regarding Ship officer aboard foreign vessels that are within the territorial waters of Korea: <Amended by Act No. 5367, Aug. 22, 1997; Act No. 6397, Jan. 29, 2001; Act No. 8222, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008>

17 1. Whether the Ship officer are carrying appropriate certificates or credentials in satisfaction of International Conventions or not; and 2. Whether the Ship officer have the knowledge and capabilities prescribed in the International Convention or not. (2) Where it is deemed that any Ship officer has failed to meet the requirements prescribed in each subparagraph of paragraph (1) as a result of inspection and investigation under paragraph (1), the Minister shall notify in writing the master of said foreign vessel that he/she shall hire a seaman suitable for the requirements for serving aboard a vessel. In this case, the Minister shall give the consul of the relevant country in Korea, (referring to the consul of the country to which the vessel in question belongs, and, in case no such consul exists, referring to a diplomat or a maritime authority in the nearest country), written notice that the relevant master shall take such said measures to keep qualified Ship officer aboard the vessel. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8222, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008> (3) Where it is deemed that continued navigation poses a danger to human life or property or may be likely to create obstacles to the conservation of the marine environment, if the master of a foreign vessel who has received the notification referred to in the former part of paragraph (2) fails to employ only Ship officer meeting the requirements listed in each subparagraph of paragraph (1) for performing services aboard a vessel, the Minister may order the foreign vessel to suspend its navigation or stop the navigation hereof. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8222, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008> (4) The Minister shall, if he/she deems that dangers and obstacles under paragraph (3) no longer exist, allow the foreign vessel to continue navigation

18 immediately. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 8852, Feb. 29, 2008> (5) The methods for inspecting and examining the matters pursuant to the provisions of paragraph (1) and the qualifications of public officials assigned to inspect and examine the matters shall be governed by the provisions of Articles 13-2 and 14-2 of the Vessel Safety Act. <Newly Inserted by Act No. 8222, Jan. 3, 2007> Article 18 (Reporting, Inspection, etc.) Deleted. <by Act No. 5923, Feb. 8, 1999> Article 19 (Presenting Identification Card) A public official who performs the investigation or inspection in accordance with Article 17 shall show an identification card showing his/her authority to the person concerned. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 5923, Feb. 8, 1999> Article 20 (Adjustment of the Supply and Demand of Certificated Officers) Deleted. <by Act No. 7480, Mar. 31, 2005> Article 21 (Sea Training of Apprentice Officers) Where there exist Certificated Officer trainees to train in actual duties in addition to Ship officer who work aboard the vessel under the provisions of Article 11, the Ship-owner shall take them on his/her vessel and have them perform said training.

19 [This Article Wholly Amended by Act No. 7480, Mar. 31, 2005] Article 22 (Prohibition of Misuse of Certificate, Etc.) Every certificated officer or person granted the recognition of certificate under the Article 10 bis must neither lend his/her certificate of competency or certificate of endorsement to other persons nor abuse it unlawfully. <Amended by Act No. 7480, Mar. 31, 2005> Article 23 (Mandate or Commission of Authority) (1) The Minister may delegate some of his/her powers under this Act to the head of the agency under his/her control in accordance with Presidential Decree. <Amended Act No. 8852, Feb. 29, 2008> (2) The Minister may entrust some of the services and procedures of the management of the examination for Certificated Officers under Article 5, the receipt of applications for renewal of certification under Article 7, etc. to a person falling under any of the following subparagraphs, as provided for in Presidential Decree: <Amended Act No. 8852, Feb. 29, 2008> 1. The Korea Institute of Maritime and Fisheries Technology; and 2. A corporation created with the permission of the Minister, of which members are Certificated Officers. (3) A corporation to which services are entrusted by paragraph (2) may collect fees in respect of entrusted services as provided for by Ordinance of the

20 Ministry of Land, Transport, and Maritime Affairs. <Amended Act No. 8852, Feb. 29, 2008> [This Article Wholly Amended by Act No. 5367, Aug. 22, 1997] Article 24 (Services Abroad) (1) The services for Ship Officers abroad shall be done by each consul of the Republic of Korea in that country. (2) Whenever a consul has performed any service pursuant to the provision of the preceding paragraph, he(she) shall give notice of the contents performed to the Minister through the Minister of the Foreign Affairs and Trade as set out in the Presidential Decree. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 6397, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008> Article 25 (Quasi-Application) (1) This Act shall mutatis mutandis apply to seafarers on board foreign flag vessels chartered by any person who is entitled to own Korean-flag vessels. <Amended by Act No. 8222, Jan. 3, 2007> (2) The provisions of Articles 9, 14, 15 and 22 and the relevant penal provisions relating thereto shall be applied correspondently to the case where any certificated officer serves on board a foreign-flag vessel as a Ship Officer. <Amended by Act No. 5367, Aug. 22, 1997> Article 25-2 (Computer Processing, Etc. of Public Services)

21 In relation to the public services with the computer processing, etc., the provision of the Article 89 of the Port Act shall mutatis mutandis be applied. <Amended by Act No. 7789, Dec. 29, 2005; Act No. 8379, Apr. 11, 2007> [This Article Newly Inserted by Act No. 4925, Jan. 5, 1995] Article 26 (Fees) Those seeking to apply for issuance, renewal, and other certification, etc. of a certificate or a certificate of a qualification for service aboard a vessel under this Act or to take an examination for Certificated Officers shall pay the fees under conditions as prescribed by Ordinance of the Ministry of Land, Transport, and Maritime Affairs. <Amended by Act No. 5367, Aug. 22, 1997; Act No. 7480, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008> CHAPTER V PENALTY Article 27 (Penalty) Any person who falls under one of the following sub-paragraphs shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding five million Won: <Amended by Act No. 4256, Aug. 1, 1990; Act No. 5367, Aug. 22, 1997; Act No. 5809, Feb. 5, 1999; Act No. 7480, Mar. 31, 2005; Act No. 7789, Dec. 29, 2005> 1. Any person who has obtained his/her certificate of competency or certificate of endorsement under the Article 10 bis fraudulently or in an

22 unlawful manner; 2. Any person who has served on board a vessel as a Ship Officer without an appropriate certificate of competency or certificate of endorsement in accordance with the provisions of Article 4 or Article 10 bis, or a person who has engaged such a person on board his/her vessel, however this excludes the cases where the certificate of competency or endorsement expires at sea; 2-2. Any person who has falsely certified sea service for a candidate; 3. Any person who has engaged a certificated officer, whose service has been suspended in accordance with the provisions of Article 9 of this Act (including the cases where the paragraph 5 of Article 10 bis is mutatis mutandis applied) or the Marine Accident Inquiry Act, on board his/her ship as a Ship Officer; 4. Any person who has engaged a certificated officer (including persons granted the recognition of certificate under the Article 10 bis) on board his/her ship in violation of the provision of the paragraph (1) of Article 11; and 5. Any person who has violated the order given in accordance with the provision of the paragraph (3) of Article 12 or the paragraph (3) of Article 17. Article 28 (Penalty) Any person who falls under one of the following sub-paragraphs shall be liable to a fine not exceeding three million Won: <Amended by Act No. 4256, Aug. 1, 1990; Act No. 5809, Feb. 5, 1999; Act No. 7480, Mar. 31, 2005; Act No. 7789,

23 Dec. 29, 2005> 1. Deleted; <by Act No. 7789, Dec. 29, 2005> 2. Any person whose service was suspended in accordance with the provision of Article 9 of this act(including the cases where the paragraph 5 of Article 10 bis is mutatis mutandis applied) or the Marine Accident Inquiry Act has served, in violation of the suspension, on board a vessel as a Ship Officer; 3. Any person who has violated the provision of Article 14; and 4. through 6. Deleted. <by Act No. 5367, Aug. 22, 1997> Article 29 (Penalty) Any person falling under any of the following items shall be imposed a fine not exceeding one hundred million won. 1. Any person who refused the boarding of apprentice mariners and internships in violation of article 21; and 2. Any person who lends his/her certificate or license to other persons in violation of Article 22. Article 30 (Provision of Both to Blame) Where a representative of a corporate body or agents, servants or other employees of a corporate body or an individual has violated in connection with the business of the corporate body or the individual, the provisions of subparagraphs (3) and (4) of Article 27, sub-paragraph (1) of Article 28, or Article (29)(except the cases of violation of Article 15 and 22), in addition to the punishment of the offender, the corporate body or individual shall be liable to a

24 fine corresponding to respective Articles concerned. Provided, That the same shall not apply to a person or a corporation that has not been negligent in significant caution and supervision on relevant works to prevent any violation acts. <Amended by Act No. 4256, Aug. 1, 1990; Act No. 5367, Aug. 22, 1997> Article 31 (Negligence Fines) (1) Every person who falls under one of the following sub-paragraphs shall be liable to a negligence fine not exceeding three million Won: <Amended by Act No. 7789, Dec. 29, 2005> 1. Any person who has engaged, although the certificate of competency or endorsement of an officer has expired at sea, him/her on board a ship as a Ship Officer; and 2. Every person who has refused, disturbed or evaded inspection or verification set out in the provisions of Article 17(1). (2) Negligence fines prescribed in the paragraph (1) shall be imposed and levied by the Minister as set out in the Presidential Decree. <Amended Act No. 8852, Feb. 29, 2008> (3) Every person who is disobedient the disposition of negligence fine in conformity with the provisions of paragraph (2), he is entitled to make an objection to the Minister within 30 days from the date of receiving the notice of disposition concerned. <Amended Act No. 8852, Feb. 29, 2008> (4) Deleted by Act No <Amended by Act No. 7789, Dec. 29, 2005; Act No. 8852, Feb. 29, 2008>

25 (5) Deleted by Act No [This Article Newly Inserted by Act No. 5367, Aug. 22, 1997] ADDENDA <Act No. 8852, Feb. 29, 2008> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation, provided that --- <omitted>--- the amended provisions of laws and regulations, which were promulgated before the date this Act enters into force, but are amended in accordance with Article 6 of this ADDENDUM before the date such Act enters into force has not yet arrived, shall enter into force on the date such laws and regulations enter into force. Articles 2 through 5 Omitted. Articles 6 (Amendment of Other Laws and Regulations) (1) through <645> Omitted. <646> Some provisions of this Ship officer Act shall be amended as follows: The Minister of Maritime Affairs and Fisheries in the provisions other than each subparagraph of Article 3-2, Article 5 (1) 1, Article 5-2, Article 9 (2), Article 10-2 (1) and (2), provisions other than each subparagraph of Article 17 (1) and the

26 latter provision of Article 17 (2) shall be amended to read the Minister. The Minister of Maritime Affairs and Fisheries in the former and latter provisions other than each subparagraph of Article 4 (1) and (2), the provisions other than each subparagraph of Article 5 (1) and Article 5 (3), the provisions other than each subparagraph of Article 7 (3), the main section of the provisions other than each subparagraph of Article 9 (1) and the former and latter of the provisions other than each subparagraph of Article 9 (3) and the former provisions of Article 9 (4) and Article 9 (5), Article 10, Article 12 (2) and (3), provisions other than each subparagraph of Article 13 (1) and Article 13 (2), Article 16, the former provisions of Article 17 (2) and Article 17 (3) and (4), Article 23 (1), provisions other than each subparagraph of Article 23 (2) and subparagraph 2 of Article 23 (2), Article 24 (2), and Articles 31 (2) through (4) shall be amended to read the Minister. The Ordinance of the Ministry of Maritime Affairs and Fisheries in Article 5 (3) and (4), Article 7 (2) and (3) 2, the former provisions of Article 9 (3) and Article 9 (6), Article 13 (1) 3, Article 16, Article 23 (3), and Article 26 shall be amended to read the Ordinance of the Ministry of Land, Transport, and Maritime Affairs. The Ordinance of the Ministry of Maritime Affairs and Fisheries in Article 5-2 shall be amended to read Ordinance of the Ministry of Land, Transport, and Maritime Affairs. <647> through <760> Omitted. Articles 7 Omitted.