PILOTAGE ACT
Wholly Amended by Act No. 3908, Dec. 31, 1986
Amended by Act No. 4546, Mar. 10, 1993
Act No. 4926, Jan. 5, 1995
Act No. 5289, Jan. 13, 1997
Act No. 5809, Feb. 5, 1999
Act No. 5917, Feb. 8, 1999
Act No. 6610, Jan. 14, 2002
Act No. 7428, Mar. 31, 2005
Act No. 7788, Dec. 29, 2005
Act No. 8379, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9443, Feb. 9, 2009
Act No. 9773, jun. 9, 2009
Act No. 9873, Dec. 29, 2009
Act No. 10801, jun. 15, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11805, May 22, 2013
Act No. 12477, Mar. 18, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13265, Mar. 27, 2015
Act No. 14729, Mar. 21, 2017
Act No. 14839, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to promoting the safe navigation of ships in the pilotage area and to efficiently managing harbors by prescribing matters necessary for pilot's license and pilotage in the pilotage area.
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
The definitions of the terms used in this Act are as follows:
| 1. | "Pilotage" means pilotage where a pilot goes on board a ship in the pilotage area and guides the ship through a safe waterway; |
| 2. | "Pilot" means a person who has been issued a pilot's license qualifying him/her to engage in pilotage services in a specific pilotage area; |
| 3. | "Apprentice pilot" means a person who has been posted to a specific pilotage area to receive in-service training on pilotage after having passed the apprentice pilot examination under Article 15. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 3 (Scope of Application) |
Provisions relating to shipmasters prescribed in this Act shall also apply to persons performing the duties of shipmasters as a proxy.
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
CHAPTER II PILOT'S LICENSES, ETC.
| Article 4 (Pilot's Licenses) |
| (1) | A person who intends to become a pilot shall obtain a license from the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries shall, when granting pilot’s licenses under paragraph (1), classify pilot’s licenses into the following grades and grant them by pilotage area under Article 17: <Amended by Act No. 14729, Mar. 21, 2017> |
| (3) | The types of ships that can be piloted with each grade of license shall be prescribed by Presidential Decree. <Amended by Act No. 14729, Mar. 21, 2017> |
| (4) | A person who intends to obtain a pilot’s license shall, after meeting the requirements and criteria by grade for a pilot’s license, file an application for a pilot’s license with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall also apply where he/she intends to change the grade of a pilot’s license. <Newly Established by Act No. 14729, Mar. 21, 2017> |
| (5) | The Minister of Oceans and Fisheries shall, when granting a pilot’s license, enter the fact in the pilot’s license ledger and issue a pilot’s license, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14729, Mar. 21, 2017> |
| (6) | In any of the following cases, a pilot shall be reissued a license or have any change of entries therein newly entered for correction, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14729, Mar. 21, 2017> |
| 1. | Where the certificate of license is missing; |
| 2. | Where the certificate of license has worn out and is virtually unusable; |
| 3. | Where the matters stated on the certificate of license change. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 5 (Requirements, etc. for Licensing) |
The Minister of Oceans and Fisheries shall issue a license to a person who meets all the requirements under the following subparagraphs and satisfies the career criteria prescribed by Presidential Decree with respect to each grade of pilot’s license: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14729, Mar. 21, 2017>
| 1. | That he/she shall have served as the master of a ship of at least six thousand gross tons for five years or more; |
| 2. | That he/she shall have passed the apprentice pilot examination under Article 15 and have had in-service training as an apprentice pilot in the pilotage area in which he/she intends to practice as a pilot, as prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 3. | That he/she shall have passed the pilot examination under Article 15; |
| 4. | That he/she shall have passed the physical examination under Article 8 (1). |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 6 (Grounds for Disqualification) |
Any of the following persons shall be disqualified from being a pilot: <Amended by Act No. 12477, Mar. 18, 2014; Act No. 14729, Mar. 21, 2017>
| 1. | A person who is not a national of the Republic of Korea; |
| 2. | A person who is declared incompetent under the adult guardianship or quasi-incompetent under the limited guardianship; |
| 3. | Deleted; <by Act No. 14729, Mar. 21, 2017> |
| 4. | A person for whom two years have not passed since his/her imprisonment with labor or greater punishment declared by a court was completely executed (including cases where such sentence is deemed to have been completely executed) or the non-execution of such sentence has become final; |
| 5. | A person whose certification as a marine officer has been revoked, as prescribed in Article 9 (1) of the Ship Personnel Act, or a person who was given the disposition of suspension of service on two or more occasions in relation to the performance of service as a shipmaster and for whom two years have not passed from the date when the period of suspension of service came to an end; |
| 6. | A person for whom two years have not passed from the date on which the pilot's license under Article 9 (1) was revoked (excluding where it was cancelled due to falling under subparagraph 1 or 2). |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 6-2 (Period of Validity and Renewal of Pilot’s License) |
| (1) | A period of validity of a pilot’s license shall be five years from the date on which a pilot’s license is issued pursuant to Article 4 (5) (referring to the date on which a pilot is initially issued a pilot’s license where he/she obtains a pilot’s license after applying for a change of grade of a pilot’s license pursuant to the latter part of Article 4 (4), and referring to the date on which a pilot is newly issued a pilot’s license where he/she newly obtains a pilot’s license pursuant to the latter part of Article 22 (1)) or the date on which a pilot’s license is renewed pursuant to paragraphs (2) and (4). |
| (2) | A person who has obtained a pilot’s license pursuant to Article 4 (1) and intends to maintain the validity thereof even after the period of validity under paragraph (1) lapses shall have his/her pilot’s license renewed before the period of validity expires, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | Where the period of validity of a pilot’s license under paragraph (1) expires without having the pilot’s license renewed pursuant to paragraph (2), the validity of such pilot’s license shall be suspended from the date immediately after the date on which the period of validity expires. |
| (4) | Where a person the validity of whose pilot’s license is suspended pursuant to paragraph (3) intends to reinstate the validity thereof, he/she shall have his/her pilot’s license renewed, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (5) | A person who intends to have his/her pilot’s license renewed pursuant to paragraphs (2) and (4) shall receive the education conducted by the Minister of Oceans and Fisheries. |
| (6) | Among persons who intend to receive the education under paragraph (5), the persons prescribed by Presidential Decree, including those who have not engaged in pilotage service continuously for one year or longer immediately before applying for the renewal of a pilot’s license, shall additionally receive refresher education, apart from the education under the that paragraph. |
| (7) | The contents, methods and periods of the education and refresher education under paragraphs (5) and (6) and other matters necessary therefor shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Act No. 14729, Mar. 21, 2017]
| Article 7 (Retirement Age for Pilots) |
Pilots may perform pilotage services until the age of 65.
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 8 (Physical Examinations) |
| (1) | Each person who intends to become a pilot shall pass an initial physical examination. |
| (2) | A pilot shall undergo regular physical examinations within three months before or after each two-year anniversary of the date he/she is issued a certificate of a pilot’s license pursuant to Article 4 (5) (referring to the date on which a pilot is initially issued a pilot’s license where he/she obtains a pilot’s license by applying for a change of grade thereof pursuant to the latter part of Article 4 (4), or where he/she newly obtains a pilot’s license pursuant to the latter part of Article 22 (1)): Provided, That a pilot whose retirement age is extended pursuant to paragraph (2) of the Addenda of Partial Amendment to the Pilotage Act (Act No. 7788), shall undergo regular physical examinations within three months before or after the date on which he/she reaches the age of 65 and each anniversary of his/her retirement date thereafter. <Amended by Act No. 14729, Mar. 21, 2017> |
| (3) | The criteria for passing physical examinations and necessary matters concerning the method, procedures, etc. of such examinations under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 9443, Feb. 6, 2009]
| Article 9 (Revocation, etc. of Licenses) |
| (1) | Where a pilot falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke his/her license or suspend his/her performance of services for a specified period not to exceed six months: Provided, That if a pilot falls under subparagraph 1 or 3, the Minister shall revoke the license: <Amended by Act No. 9873, Dec. 29, 2009; Act No. 10801, Jun. 15, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11805, May 22, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where he/she is found to have obtained the pilot's license by fraud or other improper means; |
| 2. | Where he/she has piloted a ship other than the ship that he/she has been qualified to pilot according to his/her grade of license, in violation of Article 4 (3); |
| 3. | Where he/she has become disqualified under the subparagraphs of Article 6; |
| 4. | Where he/she has failed to receive a regular physical examination under Article 8 (2); |
| 5. | Where he/she has fallen short of the criteria for passing the physical examination under Article 8 (3); |
| 6. | Where he/she has refused to comply with a request for pilotage without good cause, in violation of Article 18 (2); |
| 7. | Where he/she has discriminately performed pilotage, in violation of Article 18-2; |
| 9. | Where he/she has performed pilotage while he/she has been suspended from performing pilotage services; |
| 10. | Where he/she has piloted a ship while intoxicated, in violation of Article 41 (1) of the Maritime Safety Act, or has not complied with a request made by a police officer of the Korea Coast Guard, in violation of paragraph (2) of the same Article; |
| 11. | Where he/she has piloted a ship while being in a state where he/she was unlikely to perform such act normally under the influence of a drug or hallucinogenic substance. |
| (2) | When the Minister of Oceans and Fisheries intends to revoke a license pursuant to paragraph (1), he/she shall hold a hearing. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where the Minister of Oceans and Fisheries has taken measures, such as revocation of a license or suspension of performance of pilotage services, as prescribed in paragraph (1), he/she shall notify the relevant pilot of the details thereof. In such cases, a pilot who has been notified shall return the license to the Minister of Oceans and Fisheries within 30 days. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | In cases of paragraph (1) 8, the Minister of Oceans and Fisheries shall not take measures prescribed in paragraph (1) where the marine accident in question is pending before a marine safety inquiry under the Act on the Investigation of and Inquiry into Marine Accidents. In such cases, when the Minister of Oceans and Fisheries recognizes that the accident is so serious that it is improper to have the pilot continue pilotage services, he/she may suspend performance of pilotage services by the relevant pilot for a period not to exceed four months. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The period of suspension of pilotage services referred to in paragraph (1) shall be calculated from the date on which the license is returned to the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Detailed standards for the administrative measures referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, taking into account the type, extent, etc. of the relevant violation. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Articles 10 through 12 Deleted. <by Act No. 5917, Feb. 8, 1999> |
| Article 13 (Information Provision, etc.) |
| (1) | Where a pilot boards a ship for pilotage services, the shipmaster of the ship shall provide and explain to him/her the data on the technical features, draught, and conditions of the ship's engine, and other data necessary for pilotage. <Amended by Act No. 14729, Mar. 21, 2017> |
| (2) | A pilot shall provide and explain to the captain of a ship to be piloted by him/her a plan for pilotage, including the characteristics of the harbor, the movement course and speed of the ship while piloting the ship, the methods of berthing the ship, the deployment of a towing ship and other related matters. <Newly Inserted by Act No. 14729, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 14 (Pilot Supply and Demand Plans) |
| (1) | The Minister of Oceans and Fisheries shall establish a pilot supply and demand plan for each pilotage area every year. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for the pilot supply and demand plans referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 15 (Examinations) |
| (1) | The Minister of Oceans and Fisheries shall perform the apprentice pilot examination and pilot examination according to the pilot supply and demand plans referred to in Article 14 (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for the subjects, methods, performance, etc. of the examinations referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 16 (Measures against those Cheating on Examinations) |
| (1) | As for an examinee who has committed cheating on the apprentice pilot examination or pilot examination under Article 15 (1), the relevant examination shall be suspended or declared invalid. |
| (2) | An examinee who has been issued a disposition of suspension or invalidation of the relevant examination as referred to in paragraph (1) shall not be permitted to take another apprentice pilot examination or pilot examination for two years from the date on which such disposition is issued. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
CHAPTER III PILOTAGE AND PILOTAGE AREAS
| Article 17 (Pilotage Areas) |
The names and boundaries of pilotage areas shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| (1) | Any of the following shipmasters shall, in advance, request pilotage from a pilot through available means of communication before entering or leaving a pilotage area: |
| 1. | Shipmasters who navigate a ship falling under any of the subparagraphs of Article 20 (1) within the pilotage area under the same paragraph; |
| 2. | Shipmasters who intend to have a pilot board for pilotage. |
| (2) | When a pilot is requested to pilot a ship as prescribed in paragraph (1), he/she shall not refuse such request except in any of the following cases: |
| 1. | Where the operation of a ship is restricted by other statutes; |
| 2. | Where there is a noticeable difficulty in performing pilotage services due to natural disasters or other acts of God; |
| 3. | Where the performance of relevant pilotage services is not in conformity with the pilotage agreement. |
| (3) | A shipmaster who has requested pilotage as prescribed in paragraph (1) shall have a pilot board or disembark from the ship at the pilot boarding station prescribed by Ordinance of the Ministry of Oceans and Fisheries, and the pilot shall comply therewith. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where a pilot has boarded a ship, the shipmaster shall have him/ her pilot the ship unless there is a compelling reason not to do so. |
| (5) | Even when a pilot is piloting a ship, the shipmaster shall not be exempt from the responsibility to safely operate the ship, nor shall his/her authority as shipmaster be infringed. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 18-2 (Prohibition of Discriminatory Pilotage) |
No pilot shall perform discriminatory pilotage against the order of entry or departure where a ship has requested pilotage: Provided, That this shall not apply in cases falling under any of the following subparagraphs: <Amended by Act No. 14729, Mar. 21, 2017>
| 1. | Where he/she is unavoidably unable to berth or unberth a ship in the order of entry or departure either due to necessity for public benefit such as urgent cargo transportation or in oder to efficiently operate a harbor; |
| 2. | Where a great demand for pilotage arises at the same time due to acts of God such as typhoons; |
| 3. | In other cases falling under any ground prescribed by Presidential Decree, where it is necessary to efficiently operate a harbor or to maintain order in harbors. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 19 (Restrictions on Pilotage) |
| (1) | A person other than a licensed pilot shall not pilot a ship. |
| (2) | A shipmaster shall not allow a person other than a licensed pilot to pilot his/her ship. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 20 (Compulsory Pilotage) |
| (1) | Where the shipmaster of any of the following ships operates the ship in the pilotage area prescribed by Ordinance of the Ministry of Oceans and Fisheries, he/she shall have a pilot board and pilot the ship: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14729, Mar. 21, 2017> |
| 1. | Ship of 500 gross tonnage or more, not registered with the Republic of Korea; |
| 2. | Ship of 500 gross tonnage or more, registered with the Republic of Korea and sailed on an international route; |
| 3. | Ship of 2,000 gross tonnage or more, registered with the Republic of Korea and has not sailed on an international route: Provided, That as for a barge, it shall be limited to a barge combined with a tugboat and the gross tonnage thereof shall be computed by adding the gross tonnage of the barge and the tugboat. |
| (2) | Notwithstanding paragraph (1), where the Minister of Oceans and Fisheries deems that the relevant ship can be operated safely and where it falls under any of the following subparagraphs, the shipmaster need not have a pilot board the ship in the relevant pilotage area for pilotage: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where he/she is the shipmaster of a ship registered with the Republic of Korea and prescribed by Ordinance of the Ministry of Oceans and Fisheries (including ships chartered on condition that the nationality of the Republic of Korea be obtained), who has entered and left the relevant pilotage area more than the number of times prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the Minster of Oceans and Fisheries may separately determine and publicly announce number of times of entry and departure, and the scope of ships by pilotage area of the shipmaster who may not have a pilot board the ship for pilotage in consideration of the characteristics of the pilotage area; |
| 2. | Where a person qualified to board for navigation as prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the qualification of mate, etc. enters and leaves the relevant pilotage area more than the number of times prescribed by Ordinance of the Ministry of Oceans and Fisheries in order to perform a trial run of a ship constructed or repaired in the shipyard. |
| (3) | Matters concerning the procedures, etc. for release from compulsory pilotage under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 21 (Pilotage Dues) |
| (1) | Pilots shall determine pilotage dues, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and report such dues to the Minister of Oceans and Fisheries in advance. The same shall apply when he/she intends to change the pilotage dues. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Pilots who have performed pilotage services may request the shipmaster or owner of the ship to pay pilotage dues. |
| (3) | The shipmaster or owner of the ship who has been requested to pay pilotage dues as referred to in paragraph (2) shall pay the pilotage dues without delay. |
| (4) | Pilots shall not collect pilotage dues in excess of those reported pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 22 (Posting of Pilots to Different Pilotage Areas) |
| (1) | Where the Minister of Oceans and Fisheries deems it necessary for the performance of pilotage services, he/she may post a pilot to another pilotage area with the consent of the pilot, and have him/her engage in pilotage services after having him/her undergo training for a period prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, the Minister of Oceans and Fisheries shall, as prescribed by Ordinance of the Minister of Oceans and Fisheries, newly grant a pilot’s license to a pilot who completes pilotage training after being posted to other pilotage area. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14729, Mar. 21, 2017> |
| (2) | Matters necessary for the posting of pilots under paragraph (1) to other pilotage areas shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 23 (Boarding of Apprentice Pilots, etc.) |
A shipmaster who has requested a pilot to board for pilotage services shall, even if the pilot is accompanied by one pilot undergoing training for pilotage as prescribed in Article 22 (1) and one apprentice pilot for the purpose of pilotage training or in-service training, not refuse to accompany them. [This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 24 (Prohibition of Forced Escort of Pilots) |
Shipmasters shall not take a pilot, who has piloted their ship at sea, out of the pilotage area without good cause.
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 25 (Safety Measures at Time of Piloting) |
| (1) | Each shipmaster shall take necessary measures, such as providing facilities for embarkation and disembarkation so that pilots can board and disembark from his/her ship safely. |
| (2) | The Minister of Oceans and Fisheries may, after hearing the opinion of the Pilotage Operations Council under Article 34-2, determine and publicly notify procedures for safe pilotage by pilotage area to secure safe entry into or departure from ports. <Newly Inserted by Act No. 14729, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 26 (Pilot Flags, etc.) |
| (1) | Each pilot boat engaged in pilotage services shall hoist a pilot flag. |
| (2) | The form of pilot flags, method of hoisting, method of signalling thereof, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 27 (Pilot Boats and Pilot Boat Charges) |
| (1) | Each pilot shall be equipped with a pilot boat and other equipment necessary to perform pilotage services. |
| (2) | The equipment and design of pilot boats and matters necessary for the operation of pilot boats shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Pilots shall determine pilot boat charges, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and report such charges to the Minister of Oceans and Fisheries in advance. The same shall apply where he/she intends to amend such charges. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where a pilot has performed pilotage services, he/she may request the shipmaster or owner of the ship that has been piloted to pay pilot boat charges reported to the Minister of Oceans and Fisheries in addition to pilotage dues. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | No pilot shall receive any pilot boat charge in excess of the relevant pilot boat charge reported as prescribed in paragraph (3). |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 28 Deleted. <by Act No. 9443, Feb. 6, 2009> |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 29 (Report and Inspection) |
| (1) | Where it is necessary for the navigational safety of a ship, the Minister of Oceans and Fisheries may have a pilot or a shipmaster report on the services or have the relevant public official enter the office of pilot, place of work, or pilot boat to inspect account books, documents, and other articles, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The inspection official referred to in paragraph (1) shall carry a certificate indicating his/her authority, show it to interested persons, and deliver a written statement to the interested persons, in which a name, time of entry and exit, and purposes of entry and exit, etc. are stated. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Articles 30 through 33 Deleted. <by Act No. 5917, Feb. 8, 1999> |
| Article 34 Deleted. <by Act No. 7788, Dec. 29, 2005> |
| Article 34-2 (Establishment and Management of Pilotage Operations Council) |
| (1) | In order to ensure smooth operation of pilotage services, the Minister of Oceans and Fisheries may have a pilotage operations council (hereinafter referred to as the "Council") established and managed, in which persons representing pilots and persons representing the users of pilotage participate. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for the composition, function, operation, etc. of the Council shall be prescribed by Presidential Decree. |
| (3) | Where agreement or decisions are not reached at the Council, the Minister of Oceans and Fisheries may request the Council to mediate or re-discuss the same. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 35 Deleted. <by Act No. 5917, Feb. 8, 1999> |
| Article 36 (Pilotage Agreements) |
| (1) | Pilots shall formulate a pilotage agreement relating to pilotage dues, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where a pilotage agreement under paragraph (1) is deemed likely to infringe on the legitimate interests of service users, the Minister of Oceans and Fisheries may order pilots to amend such pilotage agreement. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 37 (Delegation, etc. of Authority) |
| (1) | The authority of the Minister of Oceans and Fisheries under this Act may partially be delegated to the head of an agency under his/her jurisdiction, or to the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or the Special Self-Governing Province Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 1472, Mar. 21, 2017> |
| (2) | Among the business affairs of the Minister of Oceans and Fisheries, those falling under each subparagraph may be entrusted to the corporation or organization related to pilotage service, as prescribed by Presidential Decree: <Newly Established by Act No. 1472, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 37-2 (Electronic Data Processing, etc. of Civil Petitions) |
Article 89 of the Harbor Act shall apply mutatis mutandis to the electronic data processing, etc. of civil petitions under this Act. <Amended by Act No. 9773, Jun. 9, 2009> [This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
Any of the following persons shall pay fees prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Persons who apply for the issuance, renewal, or re-issuance of pilot's license; |
| 2. | Persons who take the apprentice pilot examination or pilot examination. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
CHAPTER V PENALTY PROVISIONS
| Article 39 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 13265, Mar. 27, 2015>
| 1. | Any person who obtains a pilot's license by fraud or other improper means; |
| 2. | Any person who, not being a pilot, pilots a ship, or any shipmaster who has another person pilot a ship when the person in question was not a pilot, in violation of Article 19; |
| 3. | Any shipmaster who operates a ship which a pilot did not board, in violation of Article 20 (1). |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 40 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding three million won:
| 1. | Any pilot who refuses a request for pilotage, in violation of Article 18 (2); |
| 2. | Any shipmaster who fails to allow a pilot to pilot a ship without good cause, in violation of Article 18 (4); |
| 3. | Any pilot who discriminately pilots a ship, in violation of the main sentence of Article 18-2. |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
| Article 41 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 14729, Mar. 21, 2017> |
| 1. | Any pilot who fails to have his/her license reissued or renewed, in violation of Article 4 (6); |
| 2. | Any pilot who fails to return the pilot's license within 30 days from the date on which he/she received a notice that a disposition was taken to cancel his/her license or to suspend his/her pilotage services, in violation of Article 9 (3); |
| 3. | Any shipmaster who fails to provide or explain to the relevant pilot any materials necessary for pilotage, such as the specifications of the relevant ship, in violation of Article 13 (1); |
| 3-2. | A pilot who fails to provide or explain a plan for pilotage to the captain of a ship to be piloted by him/her, in violation of Article 13 (2); |
| 4. | Any shipmaster who fails to have a pilot board or disembark from his/her ship at the pilot boarding station, or any pilot who fails to comply with the measures taken by the shipmaster to have him/her board or disembark from the ship at the pilot boarding station, in violation of Article 18 (3); |
| 5. | Any pilot who fails to report his/her pilotage dues or receives pilotage dues in excess of reported pilotage dues, in violation of Article 21 (1) or (4); |
| 6. | Any shipmaster who refuses to permit a pilot or apprentice pilot who is posted to another pilotage area under Article 23 to board his/her ship for pilotage; |
| 7. | Any shipmaster who fails to take measures necessary to install embarkation and disembarkation facilities, etc., in violation of Article 25 (1); |
| 7-2. | Any shipmaster who not hoists a pilot flag, in violation of Article 26 (1); |
| 8. | Any pilot who fails to report pilot boat charges, in violation of Article 27 (3), or who receives pilot boat charges in excess of reported pilot boat charges, in violation of paragraph (5) of the same Article; |
| 9. | Any pilot or shipmaster who refuses, obstructs, or evades a report or inspection under Article 29 (1) without a justifiable reason. |
| (2) | Administrative Fines referred to in paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9443, Feb. 6, 2009]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Pilot's License) Any person who has been issued with a license under the previous provisions applicable before this Act enters into force shall be deemed to have obtained a license under this Act. |
| (3) | (Transitional Measures concerning to Successful Applicants in Pilot Trainees' Screening Test) Any person who has passed the pilot trainees' screening test under the previous provisions applicable before this Act enters into force shall be deemed to have the experience of boarding ships as shipmaster pursuant to subparagraph 1 of Article 5 of this Act. |
ADDENDA <Act No. 4546, Mar. 10, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 4926, Jan. 5, 1995>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Pilotage Dues and Pilot Boat Charges) Pilotage dues and pilot boat charges imposed under the previous provisions applicable at the time this Act enters into force, shall be deemed pilotage dues and pilot boat charges as reported under this Act until they are reported pursuant to the amended provisions of Articles 21 and 27. |
ADDENDA <Act No. 5289, Jan. 13, 1997>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) Any person who has already obtained a pilot’s license at the time this Act enters into force, is, notwithstanding the amended provision of Article 4, entitled to conduct piloting pursuant to the previous provisions during the period of validity of the license. |
ADDENDA <Act No. 5809, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5917, Feb. 8, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Korea Maritime Pilots' Association) The Korea Maritime Pilots' Association established under the previous Article 30 shall be deemed to be the incorporated association under the Civil Act. |
| (3) | (Transitional Measures concerning Penalty Provisions) The previous provisions shall apply to the imposition of the penalty provisions for violations committed before this Act enters into force. |
ADDENDA <Act No. 6610, Jan. 14, 2002>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Provisions) The previous provisions shall apply to the imposition of penalty provisions for violations committed before this Act enters into force. |
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7788, Dec. 29, 2005>
| (1) | This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Repeal of Extension of Mandatory Retirement Age) With respect to anyone who has already obtained his/her license pursuant to the provisions of Article 4 (1) as at the time this Act enters into force, his/her mandatory retirement age may be extended pursuant to the previous provisions, notwithstanding the amended provisions of the proviso of Article 7. |
| (3) | (Transitional Measures concerning Penalty Provisions) The previous provisions shall apply to the imposition of penalty provisions for violations committed before this Act enters into force. |
ADDENDA <Act No. 8379, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9443, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 28 and 37 shall enter into force on the date of its promulgation. Article 2 (Applicability and Transitional Measures concerning Physical Examinations)
| (1) | The amended provisions of Article 8 (2) shall apply to the pilot (excluding pilots under paragraph (2)) who has been issued a pilot's license at the time this Act enters into force from the first year in which number of years that have passed since the pilot was issued a pilot's license becomes a multiple of 2 after this Act enters into force. |
| (2) | Where a pilot underwent a physical examination to extend his/her retirement age as prescribed in paragraph (2) of the Addenda of the partially amended Pilotage Act (Act No. 7788) as at the time this Act enters into force, the date when the physical examination was conducted shall be deemed the date on which a pilot's license was issued when the amended provisions of Article 8 (2) are applied. |
| (3) | Where a pilot is required to undergo a physical examination to extend his/her retirement age as prescribed in paragraph (2) of the Addenda of the partially amended Pilotage Act (Act No. 7788) within six months from the date the physical examination is taken as prescribed in the amended provisions of Article 8 (2) after this Act enters into force, a physical examination under this Act shall substitute for the physical examination conducted to extend his/her retirement age. |
Article 3 (Applicability to Revocation of License, etc. due to Pilotage while Intoxicated)
The amended provisions of Article 9 (1) 10 shall apply beginning with the first violation committed after this Act enters into force. Article 4 (Transitional Measures concerning Repeal of Dues for Use of Waters)
The previous provisions shall apply to dues for the use of waters (including late payment charges) to be paid under the previous Article 28 before this Act enters into force.
ADDENDA <Act No. 9773, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9873, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 10801, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11805, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Dispositions)
The previous provisions shall apply to the imposition of administrative dispositions for violations committed before this Act enters into force.
ADDENDA <Act No. 12477, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Persons Declared Incompetent, etc.)
A person declared incompetent under the adult guardianship or quasi-competent under the limited guardianship referred to in the amended provisions of subparagraph 2 of Article 6 shall be deemed to include a person in respect of whom the effect of the declaration as an incompetent or a quasi-incompetent is maintained pursuant to Article 2 of Addenda of the amended Civil Act (Act No. 10429).
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended according to Article 6 of the Addenda, amendments to Acts promulgated before this Act enters into force but the dates on which they are to enter into force have not arrived, shall enter into force on the enforcement dates of respective Acts.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13265, Mar. 27, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14729, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Grade of Pilot’s License)
| (1) | A pilot who has obtained a pilot’s license under the previous Article 4 (2) as at the time this Act enters into force shall be deemed a pilot obtaining a pilot’s license under the amended Article 4 (2) according to the following classifications. In such cases, his/her pilotage career shall be calculated from the date of receipt of a pilot’s license under the previous Article 4 (2) to the date of entry into force of this Act, but excluding a period of suspension of his/her performance of services under Article 9 (1). |
| Pilots Obtaining a Pilot’s License under the Previous Article 4 (2) | Pilots Obtaining a Pilot’s License under the Amended Provisions of Article 4 (2) | | Pilot of Class Ⅰ | Grade Ⅰ Pilot | | Pilot of Class Ⅱ whose pilotage career is not less than two years | Grade Ⅱ Pilot | | Pilot of Class Ⅱ whose pilotage career is not less than one year but less than two years | Grade Ⅲ Pilot | | Pilot of Class Ⅱ whose pilotage career is less than one year | Grade Ⅳ Pilot |
|
| (2) | The Minister of Oceans and Fisheries shall issue a new pilot’s license to a pilot falling under the former part of paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | In case of a pilot falling under the former part of paragraph (1), the interval of regular physical examinations under the amended provisions of the main sentence of Article 8 (2) shall be calculated from the date he/she was initially issued a pilot’s license under the former Article 4 (2). |
Article 3 (Transitional Measures concerning Validity Period of Pilot’s License)
| (1) | The period of validity of a pilot’s license under the previous Article 4 (2) as at the time this Act enters into force shall be five years from the date on which the relevant pilot was initially issued a certificate of a pilot’s license (referring to the date on which the relevant pilot was initially issued a pilot’s license where he/she has obtained different kinds of pilot’s licenses under the former Article 4 (2), and referring to the date on which the relevant pilot was newly issued a pilot’s license where he/she was newly issued a pilot’s license due to being posted to other pilotage area pursuant to the former Article 22 (1); hereinafter referred to as “issuance date of a pilot’s license” in this Article). |
| (2) | Notwithstanding paragraph (1), the period of validity of a pilot’s license for which four or more years have passed from the issuance date of a pilot’s license until the enforcement date of this Act shall be one year from the enforcement date of this Act. |
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended pursuant to Article 5 of this Addenda, amendments to the Acts, which have been promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement dates of respective Acts.
Articles 2 through 6 Omitted.