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ENFORCEMENT DECREE OF THE SEAFARERS’ ACT

Wholly Amended by Presidential Decree No. 11764, Sep. 12, 1985

Amended by Presidential Decree No. 12225, Aug. 13, 1987

Presidential Decree No. 12526, Sep. 24, 1988

Presidential Decree No. 13263, Jan. 29, 1991

Presidential Decree No. 14447, Dec. 23, 1994

Presidential Decree No. 14628, Apr. 15, 1995

Presidential Decree No. 15135, Aug. 8, 1996

Presidential Decree No. 15379, May 24, 1997

Presidential Decree No. 15830, Jul. 1, 1998

Presidential Decree No. 15892, Sep. 17, 1998

Presidential Decree No. 16391, jun. 8, 1999

Presidential Decree No. 17262, jun. 29, 2001

Presidential Decree No. 18254, Jan. 29, 2004

Presidential Decree No. 18543, Sep. 9, 2004

Presidential Decree No. 19077, Sep. 30, 2005

Presidential Decree No. 20037, Apr. 27, 2007

Presidential Decree No. 20142, jun. 29, 2007

Presidential Decree No. 20300, Sep. 28, 2007

Presidential Decree No. 20351, Oct. 31, 2007

Presidential Decree No. 20722, Feb. 29, 2008

Presidential Decree No. 20875, jun. 25, 2008

Presidential Decree No. 21530, jun. 9, 2009

Presidential Decree No. 22127, Apr. 20, 2010

Presidential Decree No. 22157, May 4, 2010

Presidential Decree No. 22637, Jan. 24, 2011

Presidential Decree No. 22829, Apr. 4, 2011

Presidential Decree No. 23620, Feb. 3, 2012

Presidential Decree No. 24443, Mar. 23, 2013

Presidential Decree No. 25310, Apr. 15, 2014

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26386, Jul. 6, 2015

Presidential Decree No. 27795, Jan. 17, 2017

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28557, Dec. 29, 2017

Presidential Decree No. 28779, Mar. 30, 2018

Presidential Decree No. 28914, May 28, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters mandated by the Seafarers' Act and the matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 20037, Apr. 27, 2007; Presidential Decree No. 21530, Jun. 9, 2009>
 Article 2 (Persons who Are Not Seafarers)
“Those prescribed by Presidential Decree” in the proviso to subparagraph 1 of Article 2 of the Seafarers' Act (hereinafter referred to as the “Act”) means any of the following persons:
1. A ship inspector referred to in Article 77 (1) of the Ship Safety Act;
2. An engineer or technician who boards a ship to repair the ship;
3. A pilot defined in subparagraph 2 of Article 2 of the Pilotage Act;
4. A person employed for the harbor transport business defined in Article 2 (2) of the Harbor Transport Business Act or for harbor transport-related business defined in paragraph (4) of the same Article;
5. A person who boards a ship for practical training to become a seafarer;
6. An entertainer who temporarily boards a ship for performance, etc. in the ship;
7. A person equivalent to those referred to in subparagraphs 1 through 6 who is determined and publicly announced by the Minister of Oceans and Fisheries after consultation with representatives of shipowners’ organization and seafarers’ organization.
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
 Article 3 (Scope of Other Officers)
"Other seamen prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means the following persons: <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21530, Jun. 9, 2009; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25310, Apr. 15, 2014>
1. A fishing officer;
2. A secretary general;
3. A physician;
4. A seaman treated equally as or better than those prescribed in subparagraphs 1 through 3, and prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 3-2 (Methods for Calculating Ordinary Hourly Wages)
(1) Where ordinary wages referred to in subparagraph 11 of Article 2 of the Act are calculated into hourly wages, the following methods shall be applied: <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 23620, Feb. 3, 2012>
1. The amount determined in terms of hourly wages;
2. The amount determined by dividing the amount of daily wages by the fixed daily working hours;
3. The amount determined by dividing the amount of weekly wages by the fixed weekly working hours;
4. The amount determined by dividing the amount of monthly wages by the fixed monthly working hours;
5. The amount calculated in accordance with subparagraphs 2 through 4 with respect to the wages for a specified period other than a day, week, or month;
6. The amount determined by dividing the total contracted amount calculated in accordance with the contract method by the total number of working hours in the relevant contract period (where a contract termination date exists, referring to the due date of the payment for the contract; hereinafter the same shall apply) with respect to the contracted amount determined in accordance with the contract;
7. The sum of the amount calculated respectively in accordance with the methods provided for in subparagraphs 1 through 6 if the method of the compensation consists of at least two of the methods stipulated in subparagraphs 1 through 6 with respect to those parts.
(2) "Fixed daily working hours" or "fixed weekly working hours" in paragraph (1) means the working hours determined by the collective bargaining agreement or agreement between the seafarers and the shipowner within the scope of working hours referred to in Article 60 of the Act, and "fixed monthly working hours" means the hours computed by multiplying the number of fixed monthly working days by the number of fixed daily working hours: Provided, That where a wage structure is determined without regard to the working hours, the fixed working hours of a person on sailing duty at sea shall be the same as those of the seafarers who are not on sailing duty at sea. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 23620, Feb. 3, 2012> <<Enforcement Date: the amended provisions of Article 3-2 (2) shall enter into force on the date the Maritime Labour Convention 2006 takes effect in the Republic of Korea>>
[This Article Newly Inserted by Presidential Decree No. 13263, Jan. 29, 1991]
 Article 3-3 (Methods for Calculating Average On-Board Wages)
(1) Where the period on board referred to in subparagraph 12 of Article 2 of the Act includes any of the following periods, the number of days and the wages paid during the period shall be deducted from the relevant period and total wages: <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
1. A period in which a seafarer has not performed his/her duties because of an injury or illness referred to in Article 54 of the Act;
2. A period during which a person boards a ship for practical training to become a seafarer.
(2) Provisionally-paid wages or allowances determined by the Minister of Oceans and Fisheries shall be included in the total amount of wages as referred to in subparagraph 12 of Article 2 of the Act. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(3) The amount determined by the Minister of Oceans and Fisheries by industrial category shall be the average on-board wages for daily employed seafarers. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(4) Where it is impracticable to calculate pursuant to subparagraph 12 of Article 2 of the Act and paragraphs (1) and (2) of this Article, the average on-board wages shall be determined by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 13263, Jan. 29, 1991]
 Article 3-4 (Adjustment of Ordinary Wages and Average On-Board Wages)
(1) The ordinary wages or average on-board wages applicable to the seafarers entitled to injury-disease compensation, etc. provided for in Articles 96 through 102 of the Act shall be the amount increased or decreased according to the fluctuation rate if the average monthly amount per person (hereinafter referred to as "average amount") of the ordinary wages paid to the seafarers performing the same duties in the workplace they belong to is at least 105 percent or not more than 95 percent of the average amount of the ordinary wages paid to the seafarer performing the same duties in the month in which the relevant injury or illness occurs, and they shall apply from the month following the month in which the cause for fluctuation occurs: Provided, That an adjustment for an increase or decrease of the ordinary wages and average on-board wages on or after the second occasion shall be made based on the ordinary wages of the month in which the cause for fluctuation in the previous occasion occurred. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
(2) For the purposes of paragraph (1), where the workplace to which the relevant seafarer belonged is closed, paragraph (1) shall apply on the basis of the industrial category, workplace, and ship of the same scale as at the time of the injury or disease of the seafarer.
(3) For the purposes of paragraphs (1) and (2), where there exists no other seafarer who performs the same duties as the relevant seafarer, the fluctuation rate of the average amount of the ordinary wages paid to the seafarer who performs similar duties to his/hers shall apply.
(4) The ordinary wages or average on-board wages applicable when calculating the unemployment allowance and retirement allowance provided for in Articles 37 and 55 of the Act for a seafarer who is injured or contracted a disease during the performance of his/her duties referred to in Article 94 (1) of the Act shall be the ordinary wages or average on-board wages adjusted pursuant to paragraphs (1) through (3). <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
[This Article Newly Inserted by Presidential Decree No. 13263, Jan. 29, 1991]
 Article 3-5 (Common Expenses)
"Common expenses prescribed by Presidential Decree" in subparagraph 15 of Article 2 of the Act means direct expenses incurred from the first fishing to the closure of fishing operation. <Amended by Presidential Decree No. 13263, Jan. 29, 1991; Presidential Decree No. 23620, Feb. 3, 2012>
[This Article Newly Inserted by Presidential Decree No. 12526, Sep. 24, 1988]
 Article 3-6 (Regional Maritime Affairs and Port Authorities)
The “heads of institutions prescribed by Presidential Decree that belong to the Ministry of Oceans and Fisheries” referred to in subparagraph 18 of Article 2 of the Act mean the heads of the following institutions that belong to the Ministry of Oceans and Fisheries (hereinafter referred to as “regional maritime affairs and port authorities”):
1. The administrators of regional offices of oceans and fisheries;
2. The head of Jeju Oceans and Fisheries Management Office;
3. The heads of district offices of oceans and fisheries.
[This Article Newly Inserted by Presidential Decree No. 27795, Jan. 17, 2017]
 Article 3-7 (Officers who Can Command Steering of Ship on Behalf of Captain)
“An officer prescribed by Presidential Decree, such as the chief mate, etc.” in Article 9 (2) of the Act shall mean any of the following employees: <Amended by Presidential Decree No. 26386, Jul. 6, 2015>
1. A chief mate;
2. A chief navigator;
3. An officer who meets the qualification requirements for working on board as a chief mate or a chief navigator under Attached Table 3 of the Enforcement Decree of the Ship Personnel Act.
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
 Article 4 (Responsibility and Reimbursement for Expenses for Deportation of Citizens Residing in Foreign Country)
(1) The expenses for deportation provided for in Article 19 of the Act shall be borne by the citizen deported, and calculated by reference to freight, food cost, medical cost, and other costs incurred in the course of deportation.
(2) The citizen deported in accordance with Article 19 of the Act shall reimburse the expenses for his/her deportation immediately where the shipowner or the captain claims reimbursement for such expenses.
CHAPTER II SEAFARER LABOR CONTRACT
 Article 5 (Purchase of Relief-from-Abandonment Insurance, etc.)
(1) "Shipowner prescribed by Presidential Decree" in the part other than the subparagraphs of Article 42-2 (1) of the Act means an owner of a ship operated for international navigation. <Amended by Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree No. 27795, Jan. 17, 2017>
(2) "Insurance or mutual aid prescribed by Presidential Decree" in the part other than the subparagraphs of Article 42-2 (1) of the Act means any of the following: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree No. 27795, Jan. 17, 2017>
1. Non-life insurance operated by a Shipowners’ Mutual Protection and Indemnity Insurance Association (hereinafter referred to as “Shipowners’ Mutual Protection and Indemnity Insurance Association”) as defined in Article 2 of the Shipowners Mutual Protection and Indemnity Insurance Act;
2. Non-life insurance as defined in subparagraph 1 (b) of Article 2 of the Insurance Business Act which is operated by an insurance company or a foreign insurer as defined in subparagraph 6 or 8 of Article 2 of the same Act to guarantee the expenses incurred in relief from abandonment provided for in Article 42-2 (2) of the Act (hereinafter referred to “expenses incurred in relief from abandonment”);
3. A mutual aid operated by a shipowners’ organization by collecting charges from the affiliated enterprises, etc. in accordance with the articles of association formulated under Article 6 of the Korea Shipping Association Act, Article 60 of the Fisheries Cooperatives Act, or Article 28 of the Distant Water Fisheries Development Act to guarantee the expenses incurred in relief from abandonment;
4. A mutual aid operated by an association incorporated with permission from the competent authorities under Article 32 of the Civil Act by collecting charges from the affiliated enterprises, etc. in accordance with articles of incorporation formulated under Article 40 of the same Act to guarantee the expenses incurred in relief from abandonment;
5. A mutual aid operated by a person who run an international mutual aid business and is acknowledged and publicly announced by the Minister of Oceans and Fisheries as having the capacity to guarantee the expenses incurred in relief from abandonment.
(3) Deleted. <by Presidential Decree No. 27795, Jan. 17, 2017>
[This Article Wholly Amended by Presidential Decree No. 23620, Feb. 3, 2012]
 Article 5-2 (Claim for and Payment of Expenses Incurred in Relief from Abandonment )
(1) “Agent prescribed by Presidential Decree” referred to in Article 42-2 (4) of the Act means any of the following persons: <Amended by Presidential Decree 28557, Dec. 29, 2017>
1. Family members of the seafarer (referring to family members as prescribed in Article 779 of the Civil Act);
2. Attorneys-at-law as defined in the Attorney-at-Law Act;
3. Certified public labor attorneys as defined in the Certified Public Labor Attorney Act;
4. A representative of the trade union that the seafarer joins.
(2) The “period prescribed by Presidential Decree” referred to in Article 42-2 (4) of the Act means ten days from the date of receipt of a claim for expenses incurred in relief from abandonment.
(3) Where a seafarer or a designated agent under Article 42-2 (4) (hereinafter referred to as “designated agent”) claims expenses incurred in relief from abandonment, the relief-from-abandonment insurer, etc. under Article 42-2 (3) shall pay the relevant expenses to such seafarer or designated agent in accordance with the claim: Provided, That the relief expenses shall be paid to the seafarer, if the claim is made by a designated agent specified in paragraph (1) 4. <Newly Inserted by Presidential Decree 28557, Dec. 29, 2017>
[This Article Newly Inserted by Presidential Decree No. 27795, Jan. 17, 2017]
 Article 5-3 (Recognition of Abandonment)
(1) A seafarer or a designated agent who is seeking to claim expenses incurred in relief from abandonment under Article 42-2 (4) of the Act, may apply to the competent regional maritime affairs and port authorities for the recognition of the fact that such seafarer falls under any of the subparagraphs of Article 42-2 (1) of the Act, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree 28557, Dec. 29, 2017>
(2) The competent regional maritime affairs and port authorities in receipt of an application referred to in paragraph (1) shall determine whether to recognize abandonment, and notify the outcome of its determination to the relevant applicant, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Presidential Decree No. 27795, Jan. 17, 2017]
 Article 6 (Exemption of Official Approval of List of Seafarers)
"Those prescribed by Presidential Decree" in the former part of Article 44 (3) of the Act means any of the following persons: <Amended by Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20037, Apr. 27, 2007; Presidential Decree No. 20300, Sep. 28, 2007; Presidential Decree No. 20351, Oct. 31, 2007; Presidential Decree No. 22127, Apr. 20, 2010; Presidential Decree No. 23620, Feb. 3, 2012>
1. A sailor boarding a fishing boat used for the inshore fishery business referred to in Article 41 (1) of the Fisheries Act;
2. A sailor boarding a fishing boat used for the coastal fishery business referred to in Article 41 (2) of the Fisheries Act;
3. A seafarer boarding a barge sailing within a near coastal water area (hereinafter referred to as "near coastal water area") referred to in Article 2 (1) 3 (a) of the Enforcement Decree of the Ship Safety Act;
4. A seafarer boarding a public boat as a public official of the State or a local government.
[This Article Newly Inserted by Presidential Decree No. 17262, Jun. 29, 2001]
 Article 7 Deleted. <by Presidential Decree No. 15892, Sep. 17, 1998>
 Article 8 (Issuance Procedures for Seaman's Pocket Ledger)
(1) For the issuance of a seaman's pocket ledger, the principal, shipowner, the president of the Korea Institute of Maritime and Fisheries Technology established under the Korea Institute of Maritime and Fisheries Technology Act (hereinafter referred to as the "president of the Korea Institute of Maritime and Fisheries Technology"), a person who runs a seafarer management business referred to in Article 112 of the Act (hereinafter referred to as "seafarer management business operator"), the head of any designated educational institution under subparagraph 7 of Article 2 of the Enforcement Decree of the Ship Personnel Act, or the head of any agency or organization designated by the Minister of Oceans and Fisheries shall file an application therefor with the competent regional maritime affairs and port authorities: Provided, That a national of the Republic of Korea who resides in a foreign country shall file an application therefor via a consul of the Republic of Korea of the country where he/she resides. <Amended by Presidential Decree No. 12526, Sep. 24, 1988; Presidential Decree No. 13263, Jan. 29, 1991; Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 18254, Jan. 29, 2004; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27795, Jan. 17, 2017>
(2) A foreigner who is employed by a Korean ship and intends to be issued a seaman's pocket ledger shall in advance obtain a confirmation of the testimony that he/she is fit to work on board from the government of his/her home country (including the consul of his/her country who is stationed in Korea). <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
(3) A person who holds his/her own seaman's pocket ledger shall not file another application for the issuance of a seaman's pocket ledger unless he/she files an application for the re-issuance of his/her own seaman's pocket ledger pursuant to Article 49 of the Act. <Amended by Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 23620, Feb. 3, 2012>
 Article 9 (Applications for Issuance of Seaman's Pocket Ledgers for Minors)
When a minor files an application for the issuance of his/her seaman's pocket ledger, the application shall be accompanied by a letter of consent from his/her legal representative. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
 Article 10 (Substituting Seaman's Pocket Ledgers by Certificates of Good Character)
(1) "Seaman prescribed by Presidential Decree" in the proviso to Article 45 (1) of the Act means the following persons: <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. A sailor boarding a ship which engages in fishing operation without stopping at any foreign port: Provided, That this shall not apply to those who perform the watchkeeping duty and those prescribed by Ordinance of the Ministry of Oceans and Fisheries;
2. A sailor boarding a passenger ship which navigates between domestic ports, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
3. A seafarer boarding a barge sailing within a near coastal water area;
4. A foreign seafarer.
(2) Deleted. <by Presidential Decree No. 16391, Jun. 8, 1999>
 Article 11 (Return of Seaman's Pocket Ledgers)
A person who holds a seaman's pocket ledger of any third person shall return it immediately upon demand of the principal: Provided, That the same shall not apply where the captain keeps it in custody under Article 45 (2) of the Act.
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 12 (Form, etc. of Seaman's Pocket Ledgers)
The form of seaman's pocket ledger, matters necessary for the issuance and amendment of seaman's pocket ledgers, and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 13 (Issuance, etc. of Seafarer's Identity Document)
(1) For the issuance of seafarer's identity document under Article 48 (1) and (2) of the Act, the principal shall file an application therefor with the competent regional maritime affairs and port authorities (in cases of the heads of district offices of oceans and fisheries, limited to the heads of district offices of oceans and fisheries equipped with apparatus for issuing seafarer's identity documents). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 27795, Jan. 17, 2017>
(2) When a minor files an application for the issuance of seafarer's identity document, the application shall be accompanied by a letter of consent from his/her legal representative. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
(3) Where a person who holds the seafarer's identity document files an application for issuance before the expiration of the period of validity prescribed in Article 48 (3) of the Act, re-issuance under Article 49 of the Act, or the amendments of the entries in the seafarer's identity document, he/she shall return the seafarer's identity document he/she holds. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
(4) Matters necessary for the issuance or amendments of the seafarer's identity documents and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 14 (Issuance of Seafarer's Identity Document to Foreigners)
"Person prescribed by Presidential Decree" in Article 48 (2) of the Act means the persons who have qualifications for permanent residence as set forth in subparagraph 28-3 of attached Table 1 of the Enforcement Decree of the Immigration Act. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
[This Article Wholly Amended by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 15 (Size of Seafarer's Identity Document and Contents to be Stated therein)
(1) The size of seafarer's identity document under Article 48 (7) of the Act shall be the width of 8.6 centimeters and the length of 5.4 centimeters. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
(2) The following matters shall be stated in every seafarer's identity document:
1. Front side: Number of certificate, name, sex, nationality, date of birth, birthplace, resident registration number, physical characteristics, place of issue, date of issue, date of expiration, photograph, and signature;
2. Reverse side: Office of issue, biometric information (fingerprint), and machine-readable data.
(3) Matters necessary for the material quality of seafarer's identity documents and other matters shall be determined and publicly announced by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 16 (Issuance of Certificate of Work Experience on Board)
Where a shipowner or a captain issues a certificate of work experience on board in accordance with Article 51 of the Act, he/she shall only enter the matters that an applicant wants, and shall not enter any symbol, indication, or false fact disadvantageous to the applicant. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
CHAPTER III WAGES
 Article 17 (Payment of Wages)
(1) "Payments prescribed by Presidential Decree, such as wages paid temporarily, an allowance, and others corresponding thereto" in the proviso to Article 52 (2) means any of the following:
1. Continuous work allowances which are paid for a continuous period of working exceeding one month;
2. Subsidies, benefits, or bonuses which are assessed due to a cause lasting for at least one month;
3. Other various allowances paid irregularly.
(2) When a shipowner pays wages pursuant to Article 52 of the Act, he/she shall give each seafarer his/her payslip which includes the following:
1. Matters concerning the amount of wages;
2. Matters concerning the table of items of wages;
3. Matters concerning the applied exchange rate.
[This Article Wholly Amended by Presidential Decree No. 23620, Feb. 3, 2012]
 Article 17-2 (Payment before Due Date)
"Other extraordinary cases prescribed by Presidential Decree" in Article 53 of the Act means any of the following cases: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Where a seafarer or his/her family gets married or is deceased;
2. Where a seafarer leaves the ship for at least seven days due to an unavoidable cause prescribed by the Minister of Oceans and Fisheries.
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
 Article 18 (Grounds for Payment of Overdue Wages)
"Reasons prescribed by Presidential Decree, such as a shipowner's bankruptcy" in the main sentence of Article 56 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 27795, Jan. 17, 2017>
1. Adjudication of bankruptcy or a decision to commence rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as "adjudication of bankruptcy, etc.");
2. Recognition of bankruptcy, etc. by the competent regional maritime affairs and port authorities under Article 18-2.
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 18-2 (Requirements and Procedures for Recognition of Bankruptcy, etc.)
(1) Where an application is filed by seafarers retired without receiving the wages and retirement allowances from the shipowner who falls under any of the following circumstances, the competent regional maritime affairs and port authorities may recognize that the relevant shipowner does not have an ability of paying the unpaid wages and retirement allowances (hereinafter referred to as “overdue wages") (hereinafter referred to as "recognition of bankruptcy, etc."): <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 27795, Jan. 17, 2017>
1. The business is discontinued or it is in the process of discontinuance due to any of the following causes:
(a) Where principal business facilities have been seized or provisionally seized at the status of suspension of business activities of the relevant business, or transferred for a repayment of debts (including cases of progress of auctions under the Civil Execution Act);
(b) Where authorization, permit, registration, etc. for the relevant business have been revoked or cancelled;
(c) Where the operational activities of the relevant business have been suspended for at least one month;
2. Payment of overdue wages shall be remarkably difficult due to a lack of ability to pay the overdue wages or a cause falling under any of the following items:
(a) Whereabout of the shipowner has been unknown for at least one month as of the date of recognition of bankruptcy, etc.;
(b) Where it is recognized that the conversion or recovery of shipowners' assets shall take at least three months from the date of application for recognition of bankruptcy, etc.
(2) An application for recognition of bankruptcy, etc. filed under paragraph (1) shall be made within one year from the date next to that of seafarer's retirement.
(3) Matters necessary for filing an application, etc. for recognition of bankruptcy, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 18-3 (Types of Insurance, etc. Guaranteeing Wage Claims)
(1) Insurance, mutual aids, or funds that should be purchased, joined, or raised by every shipowner (including a shipowners’ organization) under the main sentence of Article 56 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 20037, Apr. 27, 2007; Presidential Decree No. 22637, Jan. 24, 2011; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree No. 28779, Mar. 30, 2018>
1. Non-life insurance operated by the Shipowners’ Mutual Protection and Indemnity Insurance Association;
2. Non-life insurance as defined in subparagraph 4 of Article 2 of the Insurance Business Act operated by an insurance company or a foreign insurer as defined in subparagraph 6 or 8 of the same Act to guarantee seafarers' wage claims;
3. A mutual aid operated by a shipowners’ organization by collecting charges from the affiliated enterprises, etc. in accordance with the articles of association formulated under Article 6 of the Korea Shipping Association Act, Article 60 of the Fisheries Cooperatives Act, or Article 28 of the Distant Water Fisheries Development Act to guarantee seafarers' wage claims;
4. A fund operated by a shipowners’ organization by collecting charges from the affiliated enterprises, etc. in accordance with the articles of association formulated under Article 10 of the Korea Shipping Association Act, Article 17 of the Fisheries Cooperatives Act, or Article 28 of the Distant Water Fisheries Development Act to guarantee seafarers' wage claims;
5. A mutual aid or fund operated by an association incorporated with permission from the competent authorities under Article 32 of the Civil Act by collecting charges from the affiliated enterprises, etc. in accordance with the articles of incorporation formulated under Article 40 of the same Act to guarantee seafarers’ wage claims;
6. A mutual aid or fund operated by a cooperative as defined in Article 3 (1) 1 of the Small and Medium Enterprise Cooperatives Act by collecting charges from its members in accordance with the articles of incorporation formulated under Article 29 of the same Act to guarantee seafarers’ wage claims.
(2) The operators of mutual aids business referred to in paragraph (1) 3, 5 and 6 shall determine the matters necessary for its operation, such as the standards for raising mutual aids money and requirements for payment, and obtain approval from the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree No. 28779, Mar. 30, 2018>
(3) Matters necessary for the operation of funds referred to in paragraph (1) 4 through 6, such as standards for raising such funds and requirements for payment, shall be determined by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree No. 28779, Mar. 30, 2018>
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 18-4 (Claims for, and Payment of, Overdue Wages)
(1) A seafarer who wishes to receive overdue wages under Article 56 of the Act shall file a claim for overdue wages to the Shipowners’ Mutual Protection and Indemnity Insurance Association, insurance business operator, mutual aids business operator, or fund operator operating an insurance, mutual aid, or fund under Article 18-3 (1) (hereinafter referred to as “insurance business operator, mutual aids business operator, or fund operator”), within two years from the date on which the adjudication of bankruptcy, etc. or a recognition of bankruptcy, etc is made with respect to the relevant shipowner. <Amended by Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree 28557, Dec. 29, 2017>
(2) Upon receipt of a claim for overdue wages under paragraph (1), the insurance business operator, mutual aids business operator, or fund operator shall pay the overdue wages within seven days after receipt of the claim for overdue wages unless he/she has any justifiable ground. <Amended by Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree 28557, Dec. 29, 2017>
(3) Matters necessary for filing claims for, and payment of, overdue wages, other than those provided for in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree 28557, Dec. 29, 2017>
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 18-5 (Confirmation, etc. of Grounds for Payment of Overdue Wages)
(1) Where a seafarer files a claim for overdue wages under Article 18-4, he/she shall obtain a confirmation of the competent regional maritime affairs and port authorities on the following matters and submit the confirmation along with the claim: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 27795, Jan. 17, 2017; Presidential Decree 28557, Dec. 29, 2017>
1. Date on which the adjudication of bankruptcy, etc. or a recognition of bankruptcy, etc. has been made, and the date of application therefor;
2. Date of retirement;
3. Unpaid amount of wages for four months immediately preceding the retirement and the retirement allowances for the final four years.
(2) Where necessary for a confirmation under paragraph (1), the competent regional maritime affairs and port authorities may take necessary measures on the relevant ship owner, manager, etc., such as conducting a field investigation or demanding a report on matters related to the adjudication of bankruptcy, etc. or related documents. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 27795, Jan. 17, 2017>
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 18-6 (Subrogation of Claims for Overdue Wages)
When an insurance business operator, mutual aids business operator, or fund operator subrogates a claim for overdue wages of a seafarer under Article 56 (4) of the Act, he/she may take measures necessary for exercising and securing the claim. <Amended by Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree 28557, Dec. 29, 2017>
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
 Article 19 (Special Cases concerning Wages of Fishing Seafarers)
(1) Deleted. <by Presidential Decree No. 12526, Sep. 24, 1988>
(2) Deleted. <by Presidential Decree No. 19077, Sep. 30, 2005>
(3) Deleted. <by Presidential Decree No. 12526, Sep. 24, 1988>
(4) The calculation of the proportional pay and production allowances for a fishing seafarer under Article 57 (1) of the Act shall be based on the unit period from the first fishing to the closure of fishing operation, and where the period is shorter than one month, it shall be calculated by one month unit and where the period exceeds six months, it shall be calculated by six month unit: Provided, That it may be otherwise determined by the collective bargaining agreement or employment rules when the period exceeds six months. <Amended by Presidential Decree No. 13203, Jan. 29, 1991; Presidential Decree No. 23620, Feb. 3, 2012>
(5) Deleted. <by Presidential Decree No. 12526, Sep. 24, 1988>
 Article 19-2 (Basis of Calculation of Ordinary Wages and Average Boarding Wages of Fishing Seafarers)
(1) Ordinary wages for a fishing seafarer referred to in Article 57 (2) of the Act shall be calculated by the following methods: <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
1. A fishing seafarer shall be paid the regular monthly wages and production allowances, and he/she shall be paid 135 percent of the regular monthly wages where the industrial category or the ship whose proportion of the regular monthly wages is high among the total pay and where the fishing seafarer and the shipowner have come to a mutual consent;
2. In cases, other than those referred to in subparagraph 1, where a fishing seafarer is paid the regular monthly wages and production allowances, he/she shall be paid 140 percent of the regular monthly wages;
3. In cases of an industrial category or a ship other than those referred to in subparagraphs 1 and 2, a fishing seafarer shall be paid 145 percent of the regular monthly wages.
(2) Average boarding wages for a fishing seafarer referred to in Article 57 (2) of the Act shall be calculated by the following methods: <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
1. A fishing seafarer shall be paid the regular monthly wages and the production allowances, and he/she shall be paid 165 percent of the regular monthly wages where the industrial category or the ship whose proportion of the regular monthly wages is high among the total pay and where the fishing seafarer and the shipowner have come to a mutual consent;
2. In cases, other than those referred to in subparagraph 1, where a fishing seafarer is paid the regular monthly wages and production allowances, he/she shall be paid 170 percent of the regular monthly wages;
3. In cases of an industrial category or a ship other than those referred to in subparagraphs 1 and 2, a fishing seafarer shall be paid 175 percent of the regular monthly wages.
(3) Deleted. <by Presidential Decree No. 15892, Sep. 17, 1998>
[This Article Newly Inserted by Presidential Decree No. 13263, Jan. 29, 1991]
 Article 20 (Matters to be Recorded in Payroll)
"Matters prescribed by Presidential Decree" in Article 58 of the Act means the following: <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
1. The names, resident registration numbers, employment date, and duties of seafarers;
2. The matters used as a basis for calculation of wages and family allowances;
3. Days and hours of work;
4. Hours of work in cases of overtime work or holiday work;
5. Amount of wages by categories;
6. Grounds for deduction and the deducted amount if some deductions are made from wages under the proviso to Article 52 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 15892, Sep. 17, 1998]
 Article 20-2 Deleted. <by Presidential Decree No. 15892, Sep. 17, 1998>
CHAPTER IV QUALIFICATION FOR WORK ON BOARD BY SEAFARERS
 Article 21 (Ships for Work on Board of Qualified Seafarers)
(1) "Ship prescribed by Presidential Decree" in Article 64 (1) of the Act means a ship of at least 500 gross tons or a ship of at least 750 kilowatt in propulsion of the main engine defined in subparagraph 10 of Article 2 of the Enforcement Decree of the Ship Personnel Act: Provided, That the same shall not apply to a ship which navigates within the near coastal water area, a tugboat defined in subparagraph 4 of Article 2 of the Act on the Arrival, Departure, etc. of Ships, and a WIG craft defined in subparagraph 4 of Article 2 of the Maritime Safety Act. <Amended by Presidential Decree No. 12225, Aug. 13, 1987; Presidential Decree No. 15830, Jul. 1, 1998; Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree 28557, Dec. 29, 2017>
(2) "Ship laden with hazardous cargoes prescribed by Presidential Decree" in Article 64 (3) of the Act means a ship used exclusively for carrying liquid petrochemical products or liquefied gas which are loaded without any container, etc.: Provided, That the same shall not apply to a ship which navigates within the near coastal water area. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 23620, Feb. 3, 2012>
(3) "Ship prescribed by Presidential Decree" in Article 64 (4) of the Act means a ship which shall be equipped with lifeboats, life-rafts, rescue boats, or high-speed rescue boats among ship facilities as defined in subparagraph 2 of Article 2 of the Ship Safety Act. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20300, Sep. 28, 2007; Presidential Decree No. 23620, Feb. 3, 2012>
(4) The “ships prescribed by Presidential Decree” under Article 64 (5) of the Act means passenger ships under subparagraph 10 of Article 2 of the Ship Safety Act: Provided, That ships whose navigation area includes near coastal water areas only and ships used for the excursion ship business or the ferry business under subparagraph 1 or 2 of Article 2 of the Excursion Ship and Ferry Business Act shall be excluded. <Newly Inserted by Presidential Decree No. 26386, Jul. 6, 2015>
 Article 21-2 (Reserve Seafarers)
(1) Cases where the owners of ships that are not service ships may be allowed not to secure reserve seafarers in a number equal to or exceeding ten percent of the total number of seafarers on board under the proviso to Article 67 (1) of the Act mean the following cases: <Amended by Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 26386, Jul. 6, 2015; Presidential Decree No. 27795, Jan. 17, 2017>
1. Where a shipowner owns not more than three ships: Provided, That this shall not apply when a ship owned by a shipowner falls under any of the following:
(a)  Ships laden with hazardous cargoes under Article 21 (2);
(b) Ships operated for coastal passenger transportation services prescribed in subparagraph 1, 3, 5 or 6 of Article 3 of the Marine Transportation Act;
2. Where a seafarer has concluded a seafarer labor contract by specifying a ship to board upon the approval of the competent regional maritime affairs and port authorities;
3. In the case of ships whose navigation area includes near coastal water areas only.
(2) Notwithstanding the proviso to paragraph (1) 1, where the owner of a ship falling under any of the items of paragraph (1) 1 secures, jointly with another shipowner who has three or less ships of the same kind, reserve seafarers in a number equal to or exceeding ten percent of the total number of seafarers on board employed by him/her and such another shipowner as prescribed by the Minister of Oceans and Fisheries, he/she may secure reserve seafarers in a number less than ten percent of the total number of seafarers on board employed by him/her. In such cases, the reserve seafarers jointly secured by the shipowners shall be confirmed by the competent regional maritime affairs and port authorities. <Newly Inserted by Presidential Decree No. 26386, Jul. 6, 2015; Presidential Decree No. 27795, Jan. 17, 2017>
(3) "Those prescribed by Presidential Decree, such as those who are on paid leave, etc." in Article 67 (2) of the Act means any of the following persons: <Amended by Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 26386, Jul. 6, 2015>
1. A person who is on paid leave;
2. A person who has landed due to causes attributable to the shipowner;
3. A person who is undergoing compulsory education and training under Article 116 of the Act or other statutes;
4. Other persons determined by the collective bargaining agreement or employment rules.
(4) Article 67 of the Act on the duty to provide for reserve seafarers and pay their wages shall not apply to a seafarer who has been laid off or suspended. <Amended by Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 26386, Jul. 6, 2015>
[This Article Newly Inserted by Presidential Decree No. 13263, Jan. 29, 1991]
CHAPTER V PROVISION OF MEALS IN SHIP
 Article 22 (Qualifications, etc. of Cooks on Ships)
(1)  “A cook on a ship who has qualifications prescribed by Presidential Decree” referred to in the main sentence of Article 76 (2) of the Act means any of the following persons who is at least 18 years of age:
1. A person who has completed training for cooks on board prescribed by Ordinance of the Ministry of Oceans and Fisheries and passed a qualifying examination for cooks on board (hereinafter referred to as “cooks on board qualification test”) conducted by the Minister of Oceans and Fishers;
2. Any of the following persons:
(a) A person who has completed training for cooks on board prescribed by Ordinance of the Ministry of Oceans and Fisheries among those who have acquired the certificate of craftsman cook or higher-level certificates under the National Technical Qualifications Act and have a cooking experience in a ship for at least three year;
(b) A person who has a cooking experience in a ship for at least six years and has completed education for cooks on board prescribed by Ordinance of the Ministry of Oceans and Fisheries;
3. A person who has acquired the qualifications for cooking and providing meals in a ship from foreign governments in accordance with the Maritime Labour Convention 2006.
(2) The qualifying examination for cooks on board shall be conducted as a written test.
(3) The subjects for the qualifying examination for cooks on board shall be as follows:
1. Mass feeding and hygiene management;
2. Prevention and control of food poisoning.
(4) Procedures for applying for the qualifying examination for cooks on board, fail/pass criteria, and other matters necessary concerning the qualifying examination for cooks on board shall be determined by Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
 Article 22-2 (Ships Exempt from Obligation to Have Cooks on Board)
“A ship prescribed by Presidential Decree” referred to in the proviso to Article 76 (2) of the Act means any of the following:
1.A ship which is not a service ship;
2. A ship with a complement of less than ten seafarers under Article 65 (1) of the Act;
3. A fishing vessel.
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
 Article 23 (Determination of Minimum Standard Amount of Costs for Providing Meals)
When the Minister of Oceans and Fisheries intends to determine the minimum standard amount of coasts for providing meals in a ship pursuant to Article 77 (4) of the Act, he/she shall seek consultation, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 23-2 (Ships Subject to Provision of Uniforms)
“Shipowners prescribed by Presidential Decree” referred to in the former part of Article 82 (7) of the Act means owners of ships operated for marine passenger transportation services prescribed in Article 3 of the Marine Transport Act.
[This Article Newly Inserted by Presidential Decree No. 26386, Jul. 6, 2015]
CHAPTER VI ACCIDENT COMPENSATION
 Article 24 (Scope of Disease Caught during Performance of Duty)
Article 44 of the Enforcement Decree of the Labor Standards Act shall apply mutatis mutandis to the scope of diseases caught during the performance of duty as provided for in Articles 94 (1) and 97 of the Act. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20142, Jun. 29, 2007; Presidential Decree No. 23620, Feb. 3, 2012>
 Article 25 Deleted. <by Presidential Decree No. 23620, Feb. 3, 2012>
 Article 26 Deleted. <by Presidential Decree No. 17262, Jun. 29, 2001>
 Article 27 (Disability Rating)
Article 53 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply to the matters concerning determination of the disability rating under Article 97 of the Act. <Amended by Presidential Decree No. 14628, Apr. 15, 1995; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20875, Jun. 25, 2008; Presidential Decree No. 23620, Feb. 3, 2012>
[This Article Wholly Amended by Presidential Decree No. 13263, Jan. 29, 1991]
 Article 28 Deleted. <by Presidential Decree No. 13263, Jan. 29, 1991>
 Article 29 (Scope of Bereaved Family)
"Bereaved family prescribed by Presidential Decree" in Article 99 (1), the main sentence of Article 99 (2), and Article 100 (1) of the Act means the following: <Amended by Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 23620, Feb. 3, 2012>
1. The seafarer's spouse (including a person who has a de facto marital relationship with the seafarer; hereinafter the same shall apply), children, parents, grandchildren, and grandparents who are supported by the seafarer at the time of the seafarer's death;
2. The seafarer's spouse, children, parents, grandchildren, and grandparents who are not supported by the seafarer at the time of the seafarer's death;
3. The seafarer's siblings who are supported by the seafarer at the time of the seafarer's death;
4. The seafarer's siblings who are not supported by the seafarer at the time of the seafarer's death;
5. Parents of the seafarer's spouse, children of his/her siblings, and his/her parents' siblings, who are supported by the seafarer at the time of the seafarer's death;
6. Parents of the seafarer's spouse, children of his/her siblings, and his/her parents' siblings, who are not supported by the seafarer at the time of the seafarer's death.
[This Article Wholly Amended by Presidential Decree No. 15892, Sep. 17, 1998]
 Article 30 (Priority Order of Bereaved Family)
(1) The regular order by which the bereaved family's compensation (including funeral expenses; hereinafter the same shall apply) is paid shall be the order prescribed under the subparagraphs of Article 29. In the case of persons referred to in each subparagraph of Article 29, the regular order shall be the order within the same subparagraph. In cases falling under Article 29 (1) 1 and 2, the spouse, children, and parents shall take the same order. In the case of parents, the foster parents shall take precedence over the natural parents. In the case of grandparents, the parents of the foster parents shall take precedence over the parents of the natural parents, and the foster parents of the parents shall take precedence over the natural parents of the parents. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 25310, Apr. 15, 2014>
(2) Where the seafarer designates a person falling under any of the subparagraphs of Article 29 by means of his/her dying wish or notice to the shipowner, this priority order shall apply.
(3) An unborn child shall be deemed to have been born, in the application of subparagraphs 1 and 2 of Article 29. <Amended by Presidential Decree No. 15892, Sep. 17, 1998>
(4) Where at least two persons are at the same priority in receiving the bereaved family's compensation, that bereaved family's compensation shall be divided equally by the number of the persons entitled to receive it. <Amended by Presidential Decree No. 13263, Jan. 29, 1991>
(5) Where a person entitled to receive the bereaved family's compensation dies, he/she shall lose the right to receive it. Where there is a person with the same order, the person shall take the right, and where there is not a person with the same order, a person in the next order shall take the right. <Amended by Presidential Decree No. 15892, Sep. 17, 1998>
 Article 31 (Scope, etc. of Dependents)
Articles 29 and 30 shall apply mutatis mutandis to the scope and priority of the dependents who are entitled to compensation for a missing seafarer pursuant to Article 101 (1) of the Act. <Amended by Presidential Decree No. 13263, Jan. 29, 1991; Presidential Decree No. 23620, Feb. 3, 2012>
 Article 32 (Purchase of Accident Compensation Insurance, etc.)
"Insurance or mutual aid prescribed by Presidential Decree" referred to in Article 106 (1) of the Act means any of the following: <Amended by Presidential Decree No. 28779, Mar. 30, 2018>
1. Non-life insurance operated by the Shipowners’ Mutual Protection and Indemnity Association;
2. Non-life insurance defined in subparagraph 1 (b) of Article 2 of the Insurance Business Act which is operated by an insurance company or a foreign insurer defined in subparagraph 6 or 8 of Article 2 of the same Act to guarantee accident compensation for seafarers;
3. A mutual aid operated by a shipowners’ organization by collecting charges from the affiliated enterprises, etc. in accordance with the articles of association formulated under Article 6 of the Korea Shipping Association Act, Article 60 of the Fisheries Cooperatives Act or Article 28 of the Distant Water Fisheries Development Act to guarantee accident compensation for seafarers;
4. A mutual aid operated by an association incorporated with permission from the competent authorities under Article 32 of the Civil Act by collecting charges from the affiliated enterprises, etc. in accordance with the articles of incorporation formulated under Article 40 of the same Act to guarantee accident compensation for seafarers;
5. A mutual aid operated by a cooperative as defined in Article 3 (1) 1 of the Small and Medium Enterprise Cooperatives Act by collecting charges from its members in accordance with the articles of incorporation formulated under Article 29 of the same Act to guarantee accident compensation for seafarers.
[This Article Wholly Amended by Presidential Decree No. 27795, Jan. 17, 2017]
 Article 33 (Payment of Accident Compensation)
(1) A business operator operating an insurance or mutual aid prescribed in Article 32 in receipt of a claim for accident compensation referred to in Article 106 (4) of the Act shall calculate the amount of accident compensation without delay.
(2) The “period prescribed by Presidential Decree” referred to in Article 106 (4) of the Act means ten days from the date the amount of accident compensation is determined pursuant to paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 27795, Jan. 17, 2017]
CHAPTER VII WELFARE, EMPLOYMENT STABILITY, EDUCATION AND TRAINING
 Article 34 (Composition of the Seafarer Policy Committee)
(1) Members of the Seafarer Policy Committee established under Article 107 (3) of the Act (hereinafter referred to as the “Committee”) shall be appointed or commissioned by the Minister of Oceans and Fisheries, from among the following persons:
1. Public officials of the central administrative agencies relating to the welfare, supply, and education and training of seafarers;
2. Representatives of seafarer-related organizations;
3. Persons who have sufficient knowledge and experience in seafarer policy;
4. Other persons deemed necessary by the Minister of Oceans and Fisheries in connection with seafarer policy.
(2) The term of office for Committee members (excluding members falling within paragraph (1) 1) shall be two years.
(3) The Committee shall have one secretary to deal with the general affairs of the Committee, who shall be appointed by the Minister of Oceans and Fisheries, from among public officials of Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Presidential Decree 28557, Dec. 29, 2017]
 Article 35 (Operation of the Committee)
(1) The chairperson of the Committee (hereinafter referred to as the “Chairperson”) shall represent the Committee and preside over its business.
(2) When the Chairperson is unable to perform his/her duties due to unavoidable reasons, such member as designated by the Chairperson in advance shall act for the Chairperson.
(3) The Chairperson shall convene a meeting of the Committee. A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(4) When it deems necessary, the Committee may request the relevant agencies or organizations to submit data and documents relating to the matters specified in the subparagraphs of Article 107 (3) of the Act, or cause relevant public officials, interested parties, and persons for reference to attend a Committee meeting to present their opinions. In such cases, non-public officials who attend such meeting shall be entitled to the reimbursement of allowances within budget.
(5) Matters necessary for operating the Committee, other than those provided for in paragraphs (1) through (4), shall be determined by the Chairperson after receiving approval from the Committee.
[This Article Newly Inserted by Presidential Decree 28557, Dec. 29, 2017]
 Article 36 Deleted. <by Presidential Decree No. 15892, Sep. 17, 1998>
 Article 37 (Institution for Registration of Job Seeking and Offering)
"Institution prescribed by Presidential Decree" in Article 109 (1) of the Act means regional maritime affairs and port authorities. <Amended by Presidential Decree No. 27795, Jan. 17, 2017>
[This Article Wholly Amended by Presidential Decree No. 23620, Feb. 3, 2012]
 Article 38 (Seafarer Management Business)
(1) "Business prescribed by Presidential Decree" in Article 112 (3) of the Act means the following business: <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
1. Preparation of, and reporting on seafarer labor contracts as defined in subparagraph 9 of Article 2 of the Act;
2. Preparation and keeping of, and applications for official approval of a list of seafarers on board under Article 44 of the Act;
3. Applications for official approval of boarding or landing under Article 45 (3) of the Act;
4. Issuance of certificates of work experience on board under Article 51 of the Act;
5. Keeping and recording of a payroll and matters that form a basis for the calculation of wages under Article 58 of the Act;
6. Matters on health examinations under Article 87 of the Act;
7. Registration for job offers under Article 109 (2) of the Act;
8. Bearing expenses incurred in education and training under Article 117 (2) of the Act;
9. Payment of fees under in Article 155 of the Act;
10. Provisions of payslip to seafarers under Article 17 (2).
(2) The Minister of Oceans and Fisheries may separately determine the detailed criteria for the matters under Article 112 (6) 1 and 2 of the Act to be included when a seafarer management business operator is entrusted with the human resources management affairs of seafarers by a shipowner (including foreigners) pursuant to Article 112 (6) of the Act. <Amended by Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries shall direct and supervise the seafarer management business operators to perform the prescribed matters under Article 112 (6) of the Act in good faith. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 12526, Sep. 24, 1988]
 Article 39 (System for Management of Demand and Supply of Human Resources of Seafarers)
(1) If deemed necessary for establishing and implementing the system for the management of demand and supply of human resources for seafarers under Article 115 (1) of the Act, the Minister of Oceans and Fisheries may request necessary cooperation from the relevant central government agencies, local governments, public agencies, and institutions and organizations related to the supply and demand of seafarers.
(2) The Minister of Oceans and Fisheries shall consult with the heads of the relevant central administrative agencies beforehand, in order to establish the criteria for the employment of foreign seafarers referred to in Article 107 (2) 2 (c) in regard to the supply and demand of human resources for seafarers.
[This Article Wholly Amended by Presidential Decree 28557, Dec. 29, 2017]
 Articles 40 through 42 Deleted. <by Presidential Decree No. 16391, Jun. 8, 1999>
 Article 43 (Education and Training of Seafarers)
(1) The education and training of seafarers referred to in Article 116 (1) of the Act shall be classified into basic safety education, advanced safety education, passenger ship education, education of watchkeeping sailors, education of able sailors, education of sailors in charge of electronic equipments, tanker basic education, tanker refresher education, education of persons in charge of medical services, high-speed ship education, education of cooks on board, and ship safety education. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
(2) The trainees, curricula, education period by education course classified under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(3) Deleted. <by Presidential Decree No. 16391, Jun. 8, 1999>
(4) Where the Minister of Oceans and Fisheries recognizes that the training stipulated in the International Convention on the Standards for Training, Certification, and Watchkeeping for Seafarers which a seafarer (including a foreign seafarer) has completed is equal to or higher than the level of the training of the education course under paragraph (2), the seafarer shall be deemed to have completed the education and training course under paragraph (1). <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 16391, Jun. 8, 1999; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 44 (Entrustment of Education and Training of Seafarers)
(1) The Minister of Oceans and Fisheries shall enter into an agreement stipulating the following matters when he/she entrusts education and training services under Article 117 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree 28557, Dec. 29, 2017>
1. Details and scope of the entrusted services;
2. Matters concerning the period of entrustment and extension thereof;
3. Matters concerning reporting on the entrusted services;
4. Matters concerning the alteration and revocation of the agreement;
5. Other matters prescribed by the Minister of Oceans and Fisheries for the efficient performance of the entrusted services.
(2) Upon entering into an agreement under paragraph (1), the Minister of Oceans and Fisheries shall give a public notice of such fact on the Official Gazette. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
 Article 44-2 (Supervision over Entrustment of Education and Training of Seafarers)
(1) The Minister of Oceans and Fisheries may require a person entrusted with the education and training of seafarers under Article 117 (1) of the Act to report on the matters entrusted to him/her, or order the submission of data on his/her duties.
(2) If the results of a report or submission of data under paragraph (1) find it necessary to improve the entrusted services, the Minister of Oceans and Fisheries may order the improvement thereof.
[This Article Newly Inserted by Presidential Decree 28557, Dec. 29, 2017]
 Article 45 (Bearing Expenses for Education and Training of Seafarers)
Pursuant to Article 117 (2) of the Act, a shipowner or a person who undergoes education and training (hereinafter referred to as "trainee") shall pay expenses incurred in the education and training according to the following classification: <Amended by Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 23620, Feb. 3, 2012>
1. Where the trainee is employed by a shipowner: The shipowner;
2. Where the trainee is not employed by a shipowner: The trainee.
[This Article Wholly Amended by Presidential Decree No. 15892, Sep. 17, 1998]
 Article 46 Deleted. <by Presidential Decree No. 15892, Sep. 17, 1998>
 Article 47 (Scope of Government Subsidies)
The Government subsidies referred to in Article 118 (1) of the Act shall be provided within budgetary limits. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
[This Article Wholly Amended by Presidential Decree No. 13263, Jan. 29, 1991]
CHAPTER VIII SUPPLEMENTAL PROVISIONS
 Article 48 Deleted. <by Presidential Decree No. 19077, Sep. 30, 2005>
 Article 49 (Reporting to Supervisory Agencies)
When filing a report under Article 129 (1) of the Act, a seafarer shall submit documents or other materials substantiating the fact that the shipowner or captain has violated the Act, the Labor Standards Act, or any order issued under the Act. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 23620, Feb. 3, 2012>
 Article 49-2 Deleted. <by Presidential Decree No. 28914, May 28, 2018>
 Article 49-3 (Affairs of Administrative Agencies in Foreign Countries)
(1)The affairs of the competent maritime affairs and port authorities to be conducted by a consul of the Republic of Korea (hereafter referred to as “consul” in this Article) in foreign countries pursuant to Article 131 of the Act shall be as follows:
1. Receipt of a report on the operation of a ship made by a captain under Article 21 of the Act;
2. Approval of a list of seafarers under Article 44 (3) of the Act;
3. Receipt of a report by a shipowner under Article 82 (4) of the Act;
4. Receipt of a complaint reported by a seafarer under Article 129 (1) of the Act.
(2) Where a consul conducts any of the affairs prescribed in paragraph (1), he/she shall notify the head of the relevant administrative agency thereof, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) The head of the relevant administrative agency that is notified pursuant to paragraph (2) may take necessary measures. In such cases, the head of the relevant administrative agency shall notify the consul of the results of taking such measures, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(4) The consul may inform the relevant seafarers, captain of the relevant ship, or relevant foreign agencies of a corresponding country of the matters notified by the head of the relevant administrative agency under paragraph (3), if deemed necessary.
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
 Article 49-4 (Scope of Detailed Inspections)
The scope of detailed inspections referred to in Article 133 (1) 2 of the Act (hereinafter referred to as “detailed inspection”) shall be the content of a declaration of the suitability to maritime labor prescribed in Article 136 (2) of the Act.
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
 Article 49-5 (Measures concerning Foreign Ships)
(1) “Measures prescribed by Presidential Decree, such as notifying a flag state of such fact” prescribed in Article 133 (3) of the Act means any of the following:
1. Giving written notice of the following matters to a captain:
(a) Results of a detailed inspection;
(b) Corrections to be made in relation to the labor standards and living standards of seafarers which are identified as the results of a detailed inspection, and a time limit for taking corrective actions;
2. Giving written notice of the following matters to the seafarers and organization of shipowners’ who are citizens of the Republic of Korea:
(a)  Results of a detailed inspection;
(b) A seafarer’s reporting on his/her complaint under Article 133 (1) 1 (d) of the Act;
3. Notifying the following foreign governments, etc. of violations, etc. of the Maritime Labour Convention 2006 by a relevant foreign ship (limited to where it is deemed necessary by the Minister of Oceans and Fisheries):
(a)  The government of a flag state of the relevant foreign ship or the consul of a flag state stationed in the Republic of Korea;
(b)  The government of a country of the next port of call of the relevant foreign ship.
(2)  The Minister of Oceans and Fisheries shall prepare and manage a detailed inspection report stating the results of detailed inspections on a foreign ship, and when necessary, he/she may give notice to the Director-General of the International Labour Organization with all documents sent by the government of a flag state of a relevant foreign ship and a copy of the detailed inspection report.
(3) Where the matters which have led the Minister of Oceans and Fishers to order an embargo or lay an embargo on a foreign ship under Article 133 (4) of the Act are corrected or are expected to be corrected promptly, the Minister of Oceans and Fishers shall, without delay, decide whether or not to cancel the order of an embargo or the imposition of an embargo on the relevant foreign ship.
(4) “Measures prescribed by Presidential Decree, such as notifying a flag state” referred to in Article 133 (5) of the Act means giving notice to the government of a flag state of a relevant foreign ship or to the consul of a flag state stationed in the Republic of Korea of the fact that an order of an embargo has been issued or an embargo has been imposed pursuant to Article 133 (4) of the Act.
(5) Where the Minister of Oceans and Fishers gives notice under paragraph (4) in accordance with Article 133 (5) of the Act, he/she may request the representative of the government of a relevant flag state to appear, or request for a reply from the government of a relevant flag state upon specifying the deadline.
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
 Article 49-6 (Handling of Complaints of Seafarers of Foreign Ships)
(1)  “Measures prescribed by Presidential Decree, such as conducting an inspection” prescribed in Article 134 of the Act means the following:
1. Issuing an instruction to implement the procedures for handling complaints in a ship under Article 129 (3) of the Act;
2. Conducting an inspection prescribed in Articles 132 and 133 of the Act, and taking corrective measures based on the results of the inspection.
(2)  The Minister of Oceans and Fisheries shall take measures necessary to ensure that the identity of a seafarer, etc. who reports under Article 134 of the Act is kept confidential.
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
 Article 50 Deleted. <by Presidential Decree No. 25310, Apr. 15, 2014>
 Article 50-2 (Standards of Inspections for Authentication)
(1) The standards of inspections for authentication as referred to in Article 137 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Standards for labor standards of seafarers;
2. Standards for living environment of seafarers;
3. Standards for welfare of seafarers;
4. Standards for safety inside ship of seafarers;
5. Standards for health of seafarers, and for provision of meals;
6. Other standards that the Minister of Oceans and Fisheries deems necessary in light of the statutes and international conventions related to the labor of seafarers.
(2) Matters necessary for the specific details of the standards of inspections for authentication referred to in paragraph (1) and other matters shall be prescribed and publicly announced by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
 Article 50-3 (Period of Validity of Certificates of Suitability to Maritime Labor)
(1) The period of validity of a certificate of suitability to maritime labor referred to in Article 138 (5) of the Act shall be five years, and that of a temporary certificate of suitability to maritime labor shall be six months.
(2) The period of validity of a certificate of suitability to maritime labor and that of a temporary certificate of suitability to maritime labor shall be computed from the date classified as follows:
1. A certificate of suitability to maritime labor:
(a) Where an initial inspection for authentication has been received: The date on which the certificate of suitability to maritime labor is issued;
(b) Where an inspection for renewal of authentication has been received: The day following the expiration of validity of the certificate of suitability to maritime labor: Provided, That where the inspection is received before the period for the inspection for renewal of authentication, it shall be computed from the date on which the such inspection for authentication is received;
2. A temporary certificate of suitability to maritime labor: The date on which the temporary certificate of suitability to maritime labor is issued.
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
 Article 50-4 (Entering into Agreements, etc.)
Where the Minister of Oceans and Fisheries enters into an agreement with an inspection agency for authentication under the latter part of Article 140 (1) of the Act, each of the following matters shall be included therein: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Matters concerning the scope of agency affairs;
2. Matters concerning the period of performing agency affairs and the extension thereof;
3. Matters concerning the alteration and revocation of the agreement;
4. Matters designated by the International Maritime Organization;
5. Other matters deemed necessary by the Minister of Oceans and Fisheries for the efficient performance of the agency affairs.
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
 Article 50-5 (Gratuitous Lease, etc. of State Property)
(1) Gratuitous leasing, use of, or profiting from state property under Article 146 (1) of the Act shall be as stipulated in a contract between the Korea Seafarer's Welfare and Employment Center established under Article 142 (1) of the Act (hereinafter referred to as the "Center") and the managing authority of the relevant State property.
(2) In the event that the Center uses the state property referred to in paragraph (1) for any purpose other than the intended purpose, the managing authority of the State property may terminate the relevant contract.
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
 Article 50-6 (Approval of Business Plans)
(1) Pursuant to Article 147 (2) of the Act, the Center shall submit a business plan and a budget statement for each fiscal year to the Minister of Oceans and Fisheries by 30 days prior to the commencement of the relevant fiscal year, and obtain approval therefor. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
(2) Where the Center intends to alter the business plan or budget statement approved under paragraph (1), it shall submit in advance the business plan or budget statement, stating the contents of, and grounds for such alteration, to the Minister of Oceans and Fisheries, and obtain approval therefor. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(3) Every business plan referred to in paragraph (1) shall state the business objectives, implementation guidelines, and required budget by business, with their classifications.
[This Article Newly Inserted by Presidential Decree No. 17262, Jun. 29, 2001]
 Article 50-7 (Posting of Documents in Ships, etc.)
(1) “Shipowners prescribed by Presidential Decree” referred to in the part other than the subparagraphs of Article 151 (1) of the Act and the part other than the subparagraphs of paragraph (2) of the same Article mean shipowners according to the following classification:
1. Documents provided for in Article 151 (1) 1, 3 and 4 and (2) 1 and 2 of the Act: The owners of ships of any type;
2. Documents provided for in Article 151 (1) 2 of the Act: The owners of ships operated for international navigation;
3. Documents provided for in Article 151 (2) 3 of the Act: The owners of ships operated for international navigation (excluding fishing vessels provided for in the Fishing Vessels Act).
(2) Any shipowner prescribed in paragraph (1) shall prepare documents referred to in the subparagraphs of Article 151 (1) of the Act in Korean and English, and post them in one place in a ship among the offices, cafeterias, or lounges used by seafarers: Provided, That the owners of ships not engaging in international navigation may not post documents prepared in English.
[This Article Newly Inserted by Presidential Decree No. 27795, Jan. 17, 2017]
 Article 51 (Application to State or Local Governments)
"Matters prescribed by Presidential Decree" in Article 157 of the Act means a naval ship, a police ship, or a ship separately designated by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 52 (Delegation or Entrustment of Authority, etc.)
(1) The Minister of Oceans and Fisheries shall delegate his/her authority over the following to regional maritime affairs and port authorities pursuant to Article 158 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27795, Jan. 17, 2017>
1. Matters concerning corrective orders referred to in Article 124 (1) of the Act;
2. Matters concerning orders to suspend voyage, disposition to suspend voyage, designation of a port under Article 124 (2) and (3) of the Act, and revocation thereof;
3. Matters concerning inspection and confirmation of foreign ships under Article 132 (1) and (2) of the Act;
4. Matters concerning measures, orders for an embargo on the ship, laying an embargo on the ship, and filing an objection under Article 133 (3) through (6) of the Act;
5. Matters concerning receipt of report and measures to be taken under Article 134 of the Act;
6. Matters concerning inspections for authentication of certificates of suitability to maritime labor, temporary inspections and special inspections therefor under Article 137 (1), (3) and (4) of the Act;
7. Matters concerning the issuance and public perusal of, and indication on the certificates of suitability to maritime labor, issuance of the temporary certificates of suitability to maritime labor, and corrective orders based on the findings from special inspections for authentication, under Article 138 (1), (3), (4), and (8) of the Act.
(2) The Minister of Oceans and Fisheries shall entrust the Korea Institute of Maritime and Fisheries Technology with the following business affairs pursuant to Article 158 (1) of the Act: <Amended by Presidential Decree No. 25310, Apr. 15, 2014>
1. Conducting the education for cooks on board and administering the qualifying examination for cooks on board prescribed in Article 76 (3) of the Act;
2. Administering the qualifying examination for medical managers, and issuing a certificate of medical manager under Article 85 (3) of the Act.
(3) The Minister of Oceans and Fisheries shall entrust the Center with the business affairs prescribed in subparagraph 1, 2, and 4 of Article 108 of the Act pursuant to Articles 158 (1) of the Act. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(4) The Minister of Oceans and Fisheries may supervise the entities entrusted with the business affairs under paragraph (2) and (3), such as requiring them to report on the progress of entrusted business affairs, or ordering the improvement of such business affairs, where deemed necessary. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23620, Feb. 3, 2012]
 Article 52-2 (Responsibility of Shipowner for Safe Navigation)
Every shipowner subject to the International Convention on the Standards for Training, Certificate, and Watchkeeping for Seafarers shall implement the following for safe navigation of ships as prescribed in Article 63 (1) 3 of the Act: <Amended by Presidential Decree No. 16391, Jun. 8, 1999; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 23620, Feb. 3, 2012>
1. Conducting education to ensure that the seafarers are well informed of the duties on the ship and the characteristics of the ship;
2. Providing the captain with a manual of duty on the ship;
3. Supplying materials, such as domestic and foreign regulations concerning maritime life safety and protection of the marine environmental;
4. Allowing sufficient time for seafarers to hand over and take over duties when changing the shift of seafarers.
[This Article Newly Inserted by Presidential Decree No. 15892, Sep. 17, 1998]
 Article 53 (Standards for Imposition of Administrative Fines)
Standards for imposition of administrative fines under Article 179 (4) of the Act are as prescribed in attached Table 2. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
[This Article Wholly Amended by Presidential Decree No. 22829, Apr. 4, 2011]
 Article 54 (Issuance, etc. of Seaman's Pocket Ledgers and Seafarer's Identity Documents to Persons Working on Board Foreign Ships)
(1) If a person who intends to work on board a foreign ship not applicable under Article 3 of the Act files an application for issuance of seaman's pocket ledger or seafarer's identity document, the competent regional maritime affairs and port authorities may issue it. Articles 8, 9 and 11 through 16 shall apply mutatis mutandis to such cases. <Amended by Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 16391, Jun. 8, 1999; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 27795, Jan. 17, 2017>
(2) The competent regional maritime affairs and port authorities may require the persons to whom a seaman's pocket ledger has been issued under paragraph (1) to undergo the education prescribed in Article 43. <Amended by Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 27795, Jan. 17, 2017>
(3) The competent regional maritime affairs and port authorities may place a restriction upon a person who fails to undergo the education referred to in paragraph (2) from working on board a ship. <Amended by Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 27795, Jan. 17, 2017>
 Article 55 (Management of Personally Identifiable Information)
(1) The Minister of Oceans and Fisheries (including persons entrusted with duties of the Minister of Oceans and Fisheries pursuant to Article 117 (1) of the Act) may manage data containing a resident registration number referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if inevitable to conduct any of the following business affairs: 
1. Business affairs relating to education and training of seafarers provided for in Article 116 (1) of the Act;
2. Business affairs relating to filing an objection to an inspection of ships for authentication provided for in Article 141 (1) of the Act.
(2) The regional maritime affairs and port authorities may manage data containing a resident registration number or passport number referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, if inevitable to conduct any of the following business affairs: 
1. Business affairs relating to official approval of a list of seafarers prescribed in Article 44 (3) of the Act;
2. Business affairs relating to issuing a seafarer’ pocket ledger prescribed in Article 45 of the Act;
3. Business affairs relating to issuing a seafarer's identity document prescribed in Article 48 of the Act;
4. Business affairs relating to reissuing a seaman's pocket ledger or seafarer's identity document prescribed in Article 49 of the Act;
5. Business affairs relating to amending a seaman's pocket ledger or seafarer's identity document provided for in Articles 12 and 13 (3);
6. Business affairs relating to recognition of bankruptcy, etc. provided for in Article 18-2;
7. Business affairs relating to verification of the grounds for paying overdue wages provided for in Article 18-5.
(3)  An institution for registration of job seeking and job offers and the center referred to in Article 109 (1) of the Act may manage data containing a resident registration number referred to in subparagraph 1 Article 19 of the Enforcement Decree of the Personal Information Protection Act, if inevitable to conduct business affairs relating to the registration of job seeking by a seafarer or the registration of job offers by a person who intends to employ a seafarer.
(4) A captain or shipowner may manage data containing a resident registration number or passport number referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, if inevitable to conduct any of the following business affairs: 
1. Business affairs relating to recording and keeping a list of seafarers and a logbook prescribed in Article 20 (2) of the Act;
2. Business affairs relating to preparing a list of seafarers, etc. prescribed in Article 44 of the Act;
3. Business affairs relating to preparing a certificate of good character prescribed in Article 45 of the Act.
[This Article Wholly Amended by Presidential Decree No. 27795, Jan. 17, 2017]
 Article 56 (Reexamination of Regulations) 
With respect to minors’ applications for the issuance of seaman's pocket ledgers under Article 9, the Minister of Oceans and Fisheries shall review the appropriateness thereof every two years from the base date of January 1, 2015 (referring to the period until a date preceding January 1 of every second year), and take measures for improvement, etc.
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Preparations for Establishment of Seafarers’ Registration Agency and Seafarers' Educational Institution)
(1) The Director of Maritime Affairs and Fisheries Office may commission five promoters each for seafarers’ registration agency and seafarers’ educational institution, and entrust them with the affairs of establishment of the seafarers’ registration agency and seafarers' educational institution, respectively.
(2) Promoters shall make out the articles of incorporation for the seafarers’ registration agency and seafarers' educational institution and obtain the authorization thereon from the Minister of Maritime Affairs and Fisheries Office.
(3) Where the promoters obtain the authorization as provided in the above paragraph (2), they shall, immediately, register the institution for organization under joint signature.
ADDENDA <Presidential Decree No. 12225, Aug. 13, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 Omitted.
ADDENDA <Presidential Decree No. 12526, Sep. 24, 1988>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures on Particular Labor Contract) The particular labor contracts which are shorter than 6 months and already concluded prior to the enforcement of this Decree shall, notwithstanding the amended provisions of Article 18 (2), be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 13263, Jan. 29, 1991>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Dat)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14628, Apr. 15, 1995>
Article 1 (Enforcement Dat)
This Decree shall enter into force on May 1, 1995.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 15135, Aug. 8, 1996>
Article 1 (Enforcement Dat)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 15379, May. 24, 1997>
Article 1 (Enforcement Dat)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 15830, Jul. 1, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 15892, Sep. 17, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 21-2 (1) 1 shall enter into force on January 1, 1999.
Article 2 (Special Cases concerning Reporting of Employment Regulations)
The shipowner whose total sum of tonnage of ships owned weighs less than 70 tons may not report on employment regulations until December 31, 2000, notwithstanding the amended provisions of Article 48.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 16391, Jun. 8, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17262, Jun. 29, 2001>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 48 shall enter into force on January 1, 2002.
ADDENDA <Presidential Decree No. 18254, Jan. 29, 2004>
Article 1 (Enforcement Dat)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 18543, Sep. 9, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19077, Sep. 30, 2005>
(1) (Enforcement Date) This Decree shall enter into force on October 1, 2005: Provided, That from among the amended provisions of Article 8 (3), 11 and 12 and the amended provisions of Articles 13 through 15, 50, and 54, the matters on seafarers' identity document shall enter into force on the date of its promulgation, and from among the amended provisions of Articles 18 through 18-6, the matters on the subscription to insurance, etc. guaranteeing wage claims of the shipowner of a fishing boat engaged in the inshore fishery under Article 41 of the Fisheries Act, and the confirmation of payment causes and payment, etc. shall enter into force on July 1, 2006.
(2) (Applicability to Claims for, and Payment of Overdue Wages) The amended provisions of Article 18-4 shall apply from the portion of occurrence of payment causes after the enforcement of this Decree.
(3) (Special Cases of Application Concerning Adjudication of Bankruptcy, etc.) The amended provisions of subparagraph 1 of Article 18 shall be deemed to be each of the following subparagraphs not later than the day immediately before the enforcement date of the Debtor Rehabilitation and Bankruptcy Act (Act No. 7428):
1. Sentence of bankruptcy under the Bankruptcy Act;
2. Decision on the opening of composition under the Composition Act;
3. Decision on the beginning of reorganization procedures under the Company Reorganization Act.
ADDENDUM <Presidential Decree No. 20037, Apr. 27, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20142, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2007. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20300, Sep. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 4, 2007.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20351, Oct. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20875, Jun. 25, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2008.
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 21530, Jun. 9, 2009>
This Decree shall enter into force on Aug. 7, 2009.
ADDENDA <Presidential Decree No. 22127, Apr. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Apr. 23, 2010.
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 22157, May 4, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22637, Jan. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Presidential Decree No. 22829, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
Article 4 (Transitional Measures concerning Penalty Surcharges or Fines for Negligence)
(1) The application of the standards for penalty surcharges or administrative fines for any offense committed before this Decree enters into force shall be governed by the former provisions.
(2) The dispositions of penalty surcharges or administrative fines which have been imposed due to offenses committed before this Decree enters into force shall be disregarded for the purpose of calculating the number of offenses under the amended provisions of this Decree.
ADDENDA <Presidential Decree No. 23620, Feb. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on Feb. 5, 2012: Provided, That the amended provisions of Articles 3-2 (2), 3-3 (1) 1, 32 (1), 49, 52 (1) 3, subparagraph 2 (l), (w), and (x) of attached Table 2 shall enter into force on the date the Maritime Labour Convention 2006 takes effect in the Republic of Korea.
Articles 2 (Transitional Measures concerning Enforcement Date)
Until the amended provisions referred to in the proviso to Article 1 of the Addenda enters into force, the former provisions corresponding thereto shall apply: Provided, That the citation of the provisions of the Act in the relevant former provisions shall be deemed to the citation of the provisions of the former Seafarers Act which are applicable pursuant to Article 2 of the Addenda to the Seafarers Act wholly amended by Act No. 11024.
Article 3 (Applicability to Taking out Repatriation Insurance)
The amended provisions of Article 5 (1) 2 shall apply beginning with the ship which first departs after this Decree enters into force.
Article 4 (Applicability to Payment of Wages before Date)
The amended provisions of Article 17-2 shall apply beginning with the seafarers on board a ship which first departs after this Decree enters into force.
Article 5 (Applicability to Ordinary Wages and Average On-Board Wages of Fishing Seafarers)
The amended provisions of Article 19-2 shall apply beginning with the grounds for application of ordinary wages and average on-board wages, which first occurs after this Decree enters into force.
Article 6 (Applicability, etc. to Entrustment of Education and Training of Seafarers)
(1) The amended provisions of Article 44 shall apply beginning with the first entrustment of education and training after this Decree enters into force.
(2) The Korea Institute of Maritime and Fisheries Technology which has been entrusted with the affairs concerning the education and training of seafarers under the former Article 52 (3) shall be deemed entrusted with the same affairs under the amended provisions of Article 117 (1) of the Act and Article 44 of this Decree.
Article 7 (Applicability to Gratuitous Lease, etc. of State Property)
The amended provisions of Article 50-5 shall apply beginning with the first lease of state property to the Center or the first permission for the Center to gratuitously use or profit from state property after this Decree enters into force.
Article 8 Omitted.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25310, Apr. 15, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the following amended provisions shall enter into force on the date specified in each subparagraph:
1. Articles 2, 3, 3-6, 32 (1) 1, 49-2, 49-4, 49-5, and 49-6: The date the Maritime Labour Convention 2006 takes effect in the Republic of Korea;
2. Article 5 (1): Three months after the promulgation of this Decree;
3. Articles 22, 22-2, 52 (2) 1: February 6, 2015.
Article 2 (Preparation, etc. for Qualifying Examinations for Cooks on Board)
(1) The Minister of Oceans and Fisheries may conduct the training for cooks on board and administer the qualifying examination for cooks on board under the amended provisions of Articles 22 and 52 (2) 1 prior to the enforcement date prescribed in subparagraph 3 of Article 1 of the Addenda.
(2) A person who has completed the training for cooks on board and passed the qualifying examination for cooks on board conducted or administered by the Korea Institute of Maritime and Fisheries Technology before the conduct of the education for cooks on board and the qualification examination for cooks on board pursuant to paragraph (1) shall be deemed to have completed the training for cooks on board and passed the qualifying examination for cooks on board conducted or administered under the amended provisions of Article 22 (1) through (4).
Article 3 (Applicability to Taking out Repatriation Insurance)
The amended provisions of Article 5 (1) shall apply beginning with the owner of a ship which first departs after the enforcement date prescribed under subparagraph 2 of Article 1 of the Addenda.
Article 4 (Transitional Measures concerning Priority Order of Bereaved Family)
Notwithstanding the amended provisions of Article 30 (1), the former provisions shall apply to the priority order of bereaved family when a cause for bereaved family's compensation occurs before this Decree enters into force.
Article 5 (Transitional Measures concerning Conduct of Affairs of Competent Maritime Affairs and Port Authorities in Foreign Countries)
An act done by or against a consul of the Republic of Korea under the former provisions of Article 50 as at the time this Decree enters into force shall be deemed an act done by or against a consul of the Republic of Korea under amended provisions of Article 49-3.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, that the provisions amending Presidential Decrees that were promulgated before this Decree enters into force but have yet to enter into force, among the Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the respective dates on which the relevant Presidential Decrees enter into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26386, Jul. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2015.
Article 2 (Applicability to Reserve Seafarers)
The amended provisions of Article 21-2 (1) and (2) shall apply beginning with the owner of the first ship departing a port after this Decree enters into force.
Article 3 (Applicability to Provision of Uniforms)
The amended provisions of Article 23-2 shall apply beginning with the owner of the first ship departing a port after this Decree enters into force.
ADDENDUM <Presidential Decree No. 27795, Jan. 17, 2017>
This Decree shall enter into force on January 18, 2017.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. <Proviso Omitted.>
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Presidential Decrees, which were promulgated before this Decree enters into force, but the enforcement dates of which have not yet arrived, from among the Presidential Decrees amended under Article 8 of this Addenda, shall enter into force on the respective enforcement date of the relevant Presidential Decree.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28557, Dec. 29, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28779, Mar. 30, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28914, May 28, 2018>
This Decree shall enter into force on May 29, 2018.